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HomeMy WebLinkAboutBOARD MINUTES 10-06-77 1134 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD OCTOBER 6,1977 The District Board of the Central Contra Costa Sanitary District convened in a regular session at ts regular place of meeting, 1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on September 15, 1977 at 7:30 P.M. President Boneysteele requested the Secretary to call the roll. 1. ROLL CALL PRESENT: Members: ABSENT: members: Campbell, Carlson and Boneysteele Rustigian and Allan Member Rustigian arrived at 7:33 P.M. Member Allan arrived at 7:40 P.M. II. APPROVAL OF MINUTES After discussion, it was moved by Member Campbell, seconded by Member Carlson, that the minutes of September 15, 1977 be approved with the following addition and deletion. Under" 1. ROLL CALL", after the roll insert the following sentence. "Member Carlson had previously requested to be shown as excused because of a business commitment." Under II IX. MATTERS FROM THE FLOOR", delete Item a. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Campbell, Carlson, Rustigian and Boneysteele None Allan III. APPROVAL OF EXPENDITURES None. IV. HEARINGS 1. EASEMENTS D. S. P. 2742 (INVESTMENT COMPANY OF SAN RAMON KEENAN & S.P. TRANS. CO.) Mr. Carniato, District Counsel, explained that there are two issues involved in this matter; (a) the condemnation of a 21 strip and (b) the removal of the light standards. "- President Boneysteele advised Mr. Keenan, representing the Investment Company that the Board would hold the Hearing on the condemnation of the required 2' x 1501 easement and after the Hearing is closed discuss the problems concerning the two light standards within the existing 20' width sewer easement. Mr. Keenan had no objections and President Boneysteele declared the Hearing open. Mr. Carniato requested that Lloyd Smith, District Engineering Associate, explain the situation to the Board Members. Utilizing maps, Mr. Smith explained the proposed 30" sewer construction within an existing easement adjacent to our existing sewer main. There are two existing sewer easements separated by a 2' noneasement area. The proposed 30" sewer line must cross the 21 area near the most western corner of Investment Company property. 10 06 77 1135 Mr. Keenan stated that he has no objection to granting the 21 x 1501 easement but requested that the District purchase the entire 2' strip across the Investment Company property rather than just the proposed portion. It was further explained that staff is proposing to condemn a 351 strip of land along the SPRR as working area for the project. Staff is negotiating with SP, but has been unable to receive approval from the Railroad. After discussion pertaining to the proposed condemnations, President Boneysteele closed the Hearing. Mr. Carniato, District Counsel, addressed the Board and stated that the Board should not get into the position of negotiating with Mr. Keenan for the easement and feels that the District offered him a fair price. The District should purchase only the necessary footage (2' x 150') at 50~ per square foot but not the entire strip. He suggested that the Board adopt a Resolution of Condemnation and then discuss the question of the light standards. It was moved by Member Allan, seconded by Member Rustigian, that a resolution initiating condemnation proceedings in regard to Investment Company of San Ramon and Southern Pacific Trans Company, DSP 2742, San Ramon area, be adopted. RESOLUTION NO. 77-282, A RESOLUTION INITIATING CONDEMNATION PROCEEDINGS, DSP 2742, SAN RAMON AREA Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None President Bonevsteele diqress from the order of the Aqenda to take up further discussion pertaining to DSP 2742 (light standards within existing easement) under MATTERS FROM THE FLOOR. IX. MATTERS FROM THE FLOOR a. DSP 2742 - Parcel No. 26 - Mr. Carniato explained the issue of the light standards. The District has advised Investment Company of San Ramon to remove the light standards from an existing easement or we will relocate them at the owner's expense. After discussion, it was the consensus of the Board that the Investment Company of San Ramon will remove the light standards prior to our sewer line construction or the District will have them removed at the Investment Companyls expense. President Boneysteele reverted to the order of the agenda. IV. HEARINGS 2. DELINQUENT ENVIRONMENTAL QUALITY CHARGES President Boneysteele declared the Hearing on the delinquent Environmental Quality Charges open. Mr. Dalton, Deputy General Manager-Chief Engineer, explained that this hearing is to consider only the collection of unpaid EQC charges (billed directly from this office) for 1976-1977, by placing them on the tax roll for 1977-78. Staff is requesting that the Board pass a resolution overruling any objections and submit the delinquent charges to the County to be placed on the 1977-78 tax bills for the particular properties, with no penalties. 10 06 77 1136 Mr. Carniato, District Counsel, added that this is not a Hearing on the EQC, but merely a hearing to have the delinquent accounts placed on the 1977-78 tax rolls. There being no one wishing to be heard on this matter, President Boneysteele closed the hearing. After discussion, it was moved by Member Allan, seconded by Member Rustigian, that the delinquent Environmental Quality Charges be placed on the 1977-78 tax roll and a resolution adopted to that effect. RESOLUTION NO. 77-307, A RESOLUTION ADOPTING THE REPORT OF THE GENERAL MANAGER-CHIEF ENGINEER LISTING THE DELINQUENT ACCOUNTS OF THE ENVIRONMENTAL QUALITY CHARGE USERS FOR THE FISCAL YEAR 76-77 AND PROVIDING FOR THE COLLECTION THEREOF ON THE TAX ROLL Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None IX. President Boneysteele digressed from the agenda to take up MATTERS FROM THE FLOOR. b. Environmental Quality Charge - From the audience, Mr. Richard Klemmedson and Mr. Clifford Partridge questioned the legality of the Environmental Quality Charge. Board and staff explained to the gentlemen the reasons for the charge and that well publicized hearings were held last year prior to establishing the charge. After a brief discussion the gentlemen were requested to contact staff members during office hours for any further explanation desired. Mr. Dalton, Deputy General Manager-Chief Engineer, requested that the Board take up NEW BUSINESS, Item 18, before reverting to the order of the agenda. VI I. NEW BUSINESS 18. RECLASSIFICATION OF INDUSTRIAL USER Mr. Dalton, Deputy General Manager-Chief Engineer, stated that a review of the Elite Laundry operations has shown that the laundry should be reclassified from an industrial user to a commercial user. Mr. Reiger owner of Elite Laundry has submitted analyses of the "discharge" from the laundry and he is meeting most of the stringent discharge requirements established by the District. Mr.Dalton stated that staff will be requesting a modification of our Wastewater Ordinance as a result of relaxed State requirements. Presently we are demanding higher discharge requirements from our users than does the City of Concord and EBMUD. Staff will present to the Board proposed modifications to the District Industrial Discharge Ordinance in the near future. After discussion, it was moved by Member Allan, seconded by Member Rustigian, that staff be authorized to reclassify Elite Laundry from the industrial user category to commercial user. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None President Boneysteele reverted to the order of the agenda. 10 06 77 1137 v. BIDS 1. DSP 2656 Mr. Dalton, Deputy General Manager-Chief Engineer explained that initially it was proposed to have this project funded by the EDA, but we were unable to qualify under the funding program. However, since this project was considered essential, the Board on 8/29/77 authorized staff to advertise for bids and they are as follows: Bidder Bid Price Joseph R. Ramos, 24822 2nd St., Hayward, CA MGM Construction Co., P. O. Box 5757, Concord, CA MJ8 Pipeline, P. O. Box 192, Mt. Eden, CA Ray N. Bertelsen, Co., Inc., P. O. Box 3368, Marysville, CA McGuire & Hester, 796 66th Ave., Oakland, CA Burdick Contractors, Inc., Box 610, Fair Oaks, CA W. R. Thomason, Inc., Box 2249, Martinez, CA E. P. Construction, Inc., 2225 Oakland Highway, San Jose, CA Peter Cole Jensen, Box 553, Danville, CA Silva1s Pipeline, Inc., P. O. Box 751, Hayward, CA $ 401,811.00 405,667.40 405,787.00 418,914.00 430,747.00 463,530.00 465,482.00 475,341.50 487,022.00 498,060.00 Staff is recommending award of contract to the lowest bidder. VI. OLD BUSINESS AWARD OF CONTRACT FOR DISTRICT SEWERING PROJECT 2656, OAK PARK BLVD., TRUNK SEWERS AND AUTHORIZE CONSTRUCTION ACCOUNT 1. Mr. Carniato, District Counsel, advised the Board that he has been informed by McGuire and Hester that in preparing their Bid, they had made an error in posting a unit price figure in their bid, which would make the bid price lower than that of Joseph R. Ramos. However, McGuire and Hester is sending a letter stating that they are not interested in the project at the unit price quotation and are withdrawing their Bid. After discussion, it was moved by Member Carlson, seconded by Member Campbell, that the firm of Joseph R. Ramos be awarded the bid in the amount of $401,811.00 subject to a release from McGuire and Hester and that a construction account for DSP 2656 be set up in the amount of $65,000 for contingency and incidentals. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None 2. STAGE 5B ENLARGEMENTS, FINAL EIR AND EIS BUDGET INCREASE REQUEST After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer, it was moved by Member Carlson, seconded by Member Rustigian, that authorization of an additional $22,600 be approved for J. B. Gilbert and Associates to complete the Final EIRIEIS on the District's Stage 5B Enlargements. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None 3. STAGE 5A PHASE II, LETTER FROM STATE Mr. Dalton, Deputy General Manager-Chief Engineer, reported that because Bechtel has denied the State Controller's audit staff access to requested records, the State is withholding from our grant payments the total amount paid to Bechtel to date. 10 06 77 1138 c/ At the time Central San entered into contract with Bechtel, there were no State regulations requiring the right to an audit. Therefore, Bechtel contends that since their contract with the District does not include the right to audit, there is no basis for Bechtel to grant the State of California rights to audit their books. Member Carlson stated that the District should reply to the letter from the State objecting to the withholding of funds and that the District1s position should be stated emphatically» disregarding Becthtel1s stand. After discussion, it was the consensus to put this matter over until the meeting of October 20, 1977. APPROVAL OF PLANS AND PROJECT MANUAL (SPECIFICATIONS) AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR DSP 2742, WATERSHED 33 SO. TRUNK SEWER 4. Mr. Dalton, Deputy General Manager-Chief Engineer, explained that the District required Broadmoor Homes to install an off-site trunk sewer. Funding of this project will come principally from Watershed charges collected from the Broadmoor Development. Total available Watershed 33 So. funds on account and inclusive of Broadmoor1s deposit's amount to some $1,268,000. After discussion, it was moved by Member Rustigian, seconded by Member Allan, that the plans and project manual for DSP 2742 be approved and advertising for bids be authorized. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None 5. AUTHORIZATION TO PURCHASE 12.2 AC. PG&E PARCEL ADJACENT TO TREATMENT PLANT PROPERTY FOR $36,000 APPROVE ACCEPTANCE OF GRANT DEED SUBJECT OF APPROVAL OF COUNSEL / Mr. Daltùn, Deputy General Manager-Chief Engineer, explained to the Board the desirability of acquiring the 12.2 acre parcel for District use. PG&E would retain surface and overhead rights for existing and future electric transmission lines. After further discussion» it was moved by Member Rustigian, seconded by Member Allan, that subject to Counsel IS approval, authorization to purchase the 12.2 acre PG&E parcel for $36,000 and acceptance of grant deed be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None VII. NEW BUSINESS 1. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING After discussion, it was moved by Member Rustigian, seconded by Member Campbell, that easements, as listed below, be accepted at no cost to the District, and that respective resolutions be adopted and their recordation authorized. Grantor Job No. Parcel No. Falender Corp. Lemke Const. Inc. Shapell Industries Walnut Creek Enterprises, Inc. 2887 2878 2925 2932 1 1 1 lA & B 10 06 77 1139 Johnny M. Davidson, et al Hayman Homes, Inc J. M. Thomas Falender Corp. F.D. Kirkham M. Hammer, et ux Dobson Const., A ptnship G. W. Bond, et ux Dobson Canst., A ptnship R. T. Marks, et ux, B. C. Houdlette, et ux R. E. Challey, et ux J. G. Howell, et ux M. W. Mann, et ux 2932 2765 2887 2887 2927 1385 1385 1385 1385 2782 2782 2782 2782 2782 2 & 3 1 3 4 1 1 2 3 4 1 2 4 5 6 RESOLUTION NO. 77-283, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM FALENDER CORPORATION, LAFAYETTE AREA, JOB NO. 2887- PARCEL NO.1 RESOLUTION NO. 77-284, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM LEMKE CONSTRUCTION, INC., PLEASANT HILL AREA, JOB NO. 2878- PARCEL NO. lA RESOLUTION NO. 77-285, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA, INC., SAN RAMON AREA, (JOB NO. 2925-PARCEL NO.1) RESOLUTION NO. 77-286, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM WALNUT CREEK ENTERPRISES INC., A CORPORATION, PLEASANT HILL AREA, (JOB NO. 2932-PARCEL NO. lA & B) RESOLUTION NO. 77-287, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM JOHNNY M. DAVIDSON AND ELEANOR DAVIDSON, HIS WIFE, AS TO AN UNDIVIDED 1/2 INTEREST: HARVE R. RINGHEIM AND SUZANNE M. RINGHEIM, HIS WIFE, S TO AN UNDIVIDED 1/2 INTEREST, PLEASANT HILL AREA, JOB NO. 2932- PARCEL NO.2 & 3 RESOLUTION NO. 77-288, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM HAYMAN HOMES, INC., A CALIFORNIA CORPORATION, WALNUT CREEK AREA, (JOB NO. 2765, PARCEL NO.1) RESOLUTION NO. 77-289, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM J. MARION THOMAS, LAFAYETTE AREA JOB NO. 2887- PARCEL NO.3 RESOLUTION NO. 77-290, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM FALENDER CORPORATION, LAFAYETTE AREA, JOB NO. 2887, PARCEL NO.4 RESOLUTION NO. 77-291, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM FRED D. KIRKHAM AND CAROLYN E. KIRKHAM, MORAGA AREA, (JOB NO. 2927-PARCEL NO.1) RESOLUTION NO. 77-292, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM MARK HAMMER AND MARJORIE H. HAMMER, HIS WIFE, MORAGA AREA (JOB NO. 1385-PARCEL NO.1) RESOLUTION NO. 77-293, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM DOBSON CONSTRUCDTION, A PARTNERSHIP, MORAGA AREA, JOB NO. 1385- PARCEL NO.2 RESOLUTION NO. 77-294, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM GEORGE WILLIAM BOND AND PEARL L. BOND, MORAGA AREA (JOB NO. 1385-PARCEL NO.3) 10 06 77 .---- --"-------,,-- -------------- --- ----- -- - -- ---- .'".- ,. --- ,.----- 1140 RESOLUTION NO. 77-295, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM DOBSON CONSTRUCTION, A PARTNERSHIP, MORAGA AREA (JOB NO. 1385-PARCEL NO.4) RESOLUTION NO. 77-296, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM ROBERT R. MARKS AND CATHERINE H. MARKS, DANVILLE AREA (JOB NO. 2782-PARCEL NO.1) RESOLUTION NO. 77-297, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM BEVERLY C. HOUDLETTE AND ANN HOUDLETTE, DANVILLE AREA (JOB NO. 2782-PARCEL NO.2) RESOLUTION NO. 77-298, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM ROBERT E. CHALLEY AND TINA A. CHALLEY, DANVILLE AREA (JOB NO. 2782-PARCEL NO.4) RESOLUTION NO. 77-299, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM JOHN G. HOWELL AND JANET C. HOWELL, DANVILLE AREA (JOB NO. 2782-PARCEL NO.5) RESOLUTION NO. 77-300, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM MICHAEL WL. MANN AND CLAUDIA A. MANN, DANVILLE AREA (JOB NO. 2782-PARCEL NO.6) Motion carried by the following vote: AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None 2. ACCEPTANCE OF TEMPORARY WORKING EASEMENTS, JOB NO. 2742 LOCATED ALONG THE EASTERN SIDE OF SPRR NO. OF SAN RAMON, AT A COST OF $100 EACH TO THE DISTRICT After discussion, it was moved by Member Rustigian, seconded by Member Carlson, 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. D. J. Cavallaro, et ux 2742 7 J. C. Provines, et ux 2742 14 Thomas E. Warne, et ux 2742 22 Hal Wayne Duncan, et ux 2742 23 Noel D. Coffin, et ux 2742 8 RESOLUITON NO. 77-301, A RESOLUTION ACCEPITNG A TEMPORARY WORKING EASEMENT FROM DOMENIC J. CAVALLARO AND JANET I. CAVALLARO, JOB NO. 2742, PARCEL NO.7, AT A COST OF $100 TO THE DISTRICT RESOLUTION NO. 77-302, A RESOLUTION ACCEPTING A TEMPORARY WORKING EASEMENT FROM JOHN C. PROVINES AND JANET P. PROVINES, JOB NO. 2742, PARCEL NO. 14 AT A COST OF $100 TO THE DISTRICT RESOLUTION NO. 77-303, A RESOLUTION, ACCEPTING A TEMPORARY WORKING EASEMENT FROM THOMAS E. WARNE AND THERESE WARNE, JOB NO. 2742, PARCEL NO. 22, AT A COST OF $100 TO THE DISTRICT RESOLUTION NO. 77-304, A RESOLUTION ACCEPTING A TEMPORARY WORKING EASEMENT FROM HAL WAYNE DUNCAN AND ALICE P. DUNCAN, JOB NO. 2742, PARCEL NO. 23 AT A COST OF $100 TO THE DISTRICT RESOLUTION NO. 77-305, A RESOLUTION ACCEPTING A TEMPORARY WORKING EASEMENT FROM NOEL D. COFFIN AND MONlKA K. COFFIN, JOB NO. 2742, PARCEL NO.8 AT A COST OF $100 TO THE DISTRICT Motion carried by the following vote: AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None 10 06 77 1141 This item was acted upon at the meeting of September 15,1977. 4. AUTHORIZE EXECUTION OF UIT CLAIM DEED, ADOPT A RESOLUTION AND AUTHORIZE ITS RECORDING TYRON CONST JOB 1529, PARCEL NO. 25 ORINDA AREA After explanation by Mr. Hopkins, Secretary of the District, it was ITIoved by Member Allan, seconded by Member Rustigian, that authorization to executeQuitclaìm Deed from Tyron Construction Co., Orinda Area, Job No. 1529, Parcel No. 25, be approved, a resolution adopted and its recording authorized. RESOLUTION NO. 77-306, A RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM DEED TO TYRON CONSTRUCTION CO., INC., ORINDA AREA, JOB NO. 1529, PARCEL NO. 25 Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None 5. CONFIRM "AMENDED ASSESSMENT DIAGRAMS" AND AUTHORIZE RECORDING OF SAID DIAGRAMS 43-1-8-2,43-5-5-11,43-5-5-17,47-21-4,52-7-13-5, 52-7-13-12,54-2-3-1 & 54-2-3-4 After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer, it was moved by Member Campbell, seconded by Member Carlson, that the Amended Assessment Diagrams for the following assessments be confirmed and authorization for recording of said diagrams be approved. Original Assessment Number Amended Assessment No. 43-1-8-2 43-1-8-7 43-1-8-8 43-5-5-19 43-5-5-20 Apportioned Amount $1 ,207 . 16 0.00 52-7-13-5 52-7-13-12 54-2-3-1 47-12-14 47-12-15 52-7-13-16 52-7-13-15 $1,003.78 1,003.78 $1,008.89 1,008.89 43-5-5-11 47-12-4 54-2-3-4 54-2-3-12 54-2-3-13 54-2-3-14 54-2-3-15 $4,556.57 2,888.58 $4,750.00 4,750.00 1,712.50 4,750.00 Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None 6. AUTHORIZATION FOR ONE PARCEL, P.A. 77-42 (CONCORD AREA) TO BE INCLUDED IN PENDING ANNEXATIONS TO THE DisTRICT After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer, it was moved by Member Rustigian, seconded by Member Carlson, 10 06 77 --------..-----....--.,-------.,.----.- -,..-.---.-.----- '.---- 1142 that authorization for parcel P.A. 77-42 (Concord 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, Carlson, Rustigian, Allan and Boneysteele None None RESOLUTION INITIATING DETACHMENT PROCEEDINGS, OLIVERA DETACHMENT (CITY OF CONCORD) Mr. Dalton, Deputy General Manager-Chief Engineer, explained that this property is properly within the District Boundary but due to a change in the location of the master sewage metering manhole for the North Concord area, the properties proposed for detachment from the District, are subject to double taxes. Therefore, the City of Concord has requested detachment of these properties from the District. 7. After further discussion, it was moved by Member Rustigian, seconded by Member Allan, that a resolution be adopted initiating detachment proceedings and fixing a hearing date of November 3, 1977. RESOLUTION NO. 77-308, A RESOLUTION INITIATING DETACHMENT PROCEEDINGS OLIVERA DETACHMENT Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: 8. Campbell, Carlson, Rustigian, Allan and Boneysteele None None CLAIM OF MRS. R. DERUYSSCHER, 1257 LINDELL DRIVE, WALNUT CREEK FOR $30.75 SEWER CLEANING BILL After discussion, it was moved by Member Carlson, seconded by Member Rustigian, that the claim in the amount of $30.75 from Mrs. DeRuysscher as a result of stoppage in the mainline be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: 9. Campbell, Carlson, Rustigian, Allan and Boneysteele None None RESOLUTION APPOINTING ROB RAMSAY TO THE POSITION OF MAINTENANCE CREW MEMBER I, RANGE 53A ($1,042) EFFECTIVE 10/1/77 After discussion, it was moved by Member Allan, seconded by Member Rustigian, that Rob Ramsay be appointed to the position of Maintenance Crew Member I, Range 53-A ($1,042) effective 10/1/77, and a resolution be adopted to that effect. RESOLUTION NO. 77-309, A RESOLUTION APPOINTING ROB RAMSAY TO THE POSITION OF MAINTENANCE CREW MEMBER I Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: 10. Campbell, Carlson, Rustigian, Allan and Boneysteele None None REBATE POLICY CONSIDERATION Mr. Dalton, Deputy General Manager-Chief Engineer, stated that the District had received a request for rebate policy changes and reviewed his recommendations regarding policy modifications. 10 06 77 1143 1) Acceptance of direct labor charges for work performed by an owner or principal in the installation of a rebate sewer system when the job inspector substantiates the actual labor. 2) Allow 30% above base cost for overhead when the installer does not contract the sewer installation. 3) Adopt a policy and prepare an ordinance allowing interest geared to inflation to be added to rebate recovery accounts and rebate fees charged. 4) Prepare amendment to existing ordinance eliminating time limit on receipt of rebate recoveries. After discussion, Board Members agreed with Recommendations 1 and 2, but requested that staff prepare a written policy and procedure as to the District1s responsibility. With regard to Recommendation 3, Board Members requested that staff obtain input from contractors and interested parties, prepare a draft, and set up a study meeting. On Recommendation 4, staff was instructed to draft an ordinance and submit it to the Board for review. 11. AUTHORIZATION TO APPOINT JOHN SAROSY TO THE POSITION OF MAINTENANCE TECHNICIAN III (ELECTRICIAN), RANGE 65A ($1384), EFFECTIVE 10/17177 Mr. Dalton, Deputy General Manager-Chief Engineer explained that the Board had previously authorized the appointment of Michael J. Hennessy forthis position. However, Mr. Hennessy has refused the appointment. Mr. Dalton is now requesting the appointment of Mr. John Sarosy to fill the vacancy. After discussion, it was moved by Member Allan, seconded by Member Rustigian, that a resolution rescinding Resolution No. 77-279 (appointment of Michael Hennessy) be adopted and that Mr. John Sarosy be appointed to the position of Maintenance Technician III, (Electrician), Range 65-A ($1,384) effective 10/17177, and a resolution adopted to that effect. RESOLUTION NO. 77-310, A RESOLUTION RESCINDING RESOLUTION NO. 77-279 RESOLUTION NO. 77-311, A RESOLUTION APPOINTING JOHN SAROSY TO THE POSITION OF MAINTENANCE rECHNICIAN III, (ELECTRICIAN) Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None 12. ADOPT CLASS DESCRIPTIONS FOR SENIOR ENGINEER PROJECT MANAGEMENT SENIOR ENGINEER PLANT ENGINEER, ASSOCIATE ENGINEER, AND RECORDS CLERK Mr. Dalton explained that because of the particular job duties involved in the positions of Senior Engineer (Plant Operations) and Senior Engineer (Project Management) and Associate Engineer, it became necessary to revise the class descriptions. After discussion, it was moved by Member Carlson, seconded by Member Allan, that the revised class descriptions be approved with a correction to the Senior Engineer (Plant Operations) description and that a resolution adopting the four class descriptions be adopted. 10 06 77 1144 RESOLUTION NO. 77-312, A RESOLUTION ADOPTING THE REVISED CLASS DESCRIPTIONS FOR SENIOR ENGINEER PLANT OPERATIONS, SENIOR ENGINEER PROJECT MANAGEMENT, ASSOCIATE ENGINEER AND RECORDS CLERK Motion carried by the following vote: AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None At 9:55 P.M., President Boneysteele declared a recess. At 10:00 P.M., President Boneysteele reconvened the meeting. 13. ADOPT ELIGIBILITY LIST FOR PERSONNEL OFFICER Mr. Dalton, Deputy General Manager-Chief Engineer, explained that interviews for the Personnel Officer by the Oral Board have been completed and staff intends to further interview the top three candidates after Mr. Dolanls return. After further discussion, it was moved by Member Rustigian, seconded by Member Allan, that a resolution aèopting the Eligiblity List for the Personnel Officer be adopted. RESOLUTION NO. 77..313, A RESOLUTION ADOPTING AN ELIGIBILITY LIST FOR PERSONNEL OFFICER Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None 14. ADOPT ELIGIBILITY LIST FOR ENGINEERING AID III After discussion, it was moved by Member Carlson, seconded by r\1~ml3er Allan, that the Eligibility List for Engineering Aid III, Range 64 ($1,352-1,637) be adopted. RESOLUTION NO. 77-314, A RESOLUTION ADOPTING ELIGIBILITY A LIST FOR ENGINEERING AID III Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None 15. EXPANSION OF OFFICE BUILDING - PRELIMINARY STUDY Mr. Dalton, Deputy General Manager-Chief Engineer, explained that as a result of the increase in staff personnel, we have run out of office space. After discussion, it was moved by Member Allan, seconded by Member Rustigian, to authorize $5,000 for preliminary studies and plans, to engage a space utilization consultant for suggestions, to update the site master plan and preparation of a cost estmate report. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Carlson, Rustigian~ Allan and Boneysteele None None 10 06 77 1145 16. CWPCA REGIONAL CONFERENCE ATTENDANCE - $677 After discussion, it was moved by Member Allan, seconded by Member Rustigian, that authorization for 24 District employees to attend the CWPCA Northern Regional Training School and Conference to be held in San Jose on October 27-28 at a cost of $677 be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None 17. REPORT ON DISTRICT CODE, CHAPTER 4 REVIEW Mr. Dalton, Deputy General Manager-Chief Engineer, stated that at a previous meeting the Board had directed staff to further study the personnel section of the Code. Staff has been working on this matter along with a grievance procedure policy, but the study is still in preliminary stages. 18. RECLASSIFICATION OF INDUSTRIAL USER This item taken up by the Board earlier in the meeting, immediately prior to V. BIDS. 19. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. VII I. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER Mr. Dalton reported that due to the lengthy illness of the wife of staff member Ramendra Chatterjee (Process Analyst at the Treatment Plant) it will be necessary for him to take a leave of absence without pay. As a result of this, many Treatment Plant employees have offered to donate a portion of their respective vacation time to Mr. Chatterjee to be received in the form of a cash payment. After discussion, it was moved by Member Allan, seconded by Member Rustigian, that authorization for the vacation time donated to Ramendra Chatterjee by certain Treatment Plant employees be credited to account for cash payment be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None 2. COUNSEL FOR THE DISTRICT Mr. Carniato reported the following: a. Mr. Dolan and he had met with Mr. Wasserman of Bechtel to discuss attorney's fees in connection with the Early Case. b. He had met with Bechtel to discuss the possiblity of amending Amendment No. II to their contract. c. The Governor has signed a bill permitting on-site sewer systems, which he will review and report back to the Board. d. A statement has been received from Lee Saylor, Inc., in the amount of $12,074.12 for work to date in estimating the time and cost for completion of the Peterson-Simpson 5A-I contract. He requested Board approval of this statement and will have a further report on this project at the meeting of October 20, 1977. 10 06 77 - -'--------------- .----------- - --- -------- 1146 It was moved by Member Allan, seconded by Member Rustigian, that the statement from Lee Saylor in the amount of $12,074.12 be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: t1embers: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None e. There had been a meeting with the Peterson-Simpson people and their attorney at which they outlined their alleged claim in the amount of $15,500,000. We have also met with Kahn and Associates, who are developing CPM (Critical Path Methods) information for the District in regard to the 5A-Phase Phase I project. Should a special meeting be warranted concerning this project, an executive session will be scheduled for the October 20 meeting. f. In the last progress payment to Peterson-Simpson, the District held back liquidated damages in the amount of $800 per day. g. He advised that we have filed an appeal in the change of venue of the Early Casefròm San Francisco to Solano County. h. Mr. Carniato reported on the status of the jurisdiction questions concerning the garbage collection in the Larwin Area. LAFCo originally passed a resolution stating that the District would have jurisdiction over sanitary sewage and garbage collection in that area. Peg McElligott of Valley Community Services District and Mr. Carniato are to submit statement of fact to Mr. Connery of LAFCo who will in turn submit the matter to County Counsel. 3. SECRETARY None. 4. COMMITTEES None. IX MATTERS FROM THE FLOOR a. Matter from the floor was discussed immediately following "IV. HEARINGS, 1 . EASEMENTS DSP 2742 (KEENAN)" b. Matter from the floor was discussed immediately following II IV. HEARINGS, 2. DELINQUENT ENVIRONMENTAL QUALITY CHARGES" c. Member Rustigian thanked the Board Members and staff for their thoughtfulness in the form of a resolution in expressing condolences to his family concerning the loss of his father-in-law. d. Member Carlson requested that staff bring the calendar of scheduled business up to date and have it in the Board Books for the next meeting. e. Member Allan advised that there will be a CASA Workshop on November 11-12 at Quail Lodge. f. President Boneysteele advised that he might not be present at the October 20 meeting as he will be on vacation. 10 06 77 1147 X. ADJOURNMENT At 10:40 P.M., President Boneysteele adjourned the meeting. COUNTERSIGNED: 10 06 77 ,-,-_._-------------,-----'--- ----- --...--.- -------------.-