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.
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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.
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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.
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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.
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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
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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)
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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
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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,
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--------..-----....--.,-------.,.----.- -,..-.---.-.----- '.----
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.
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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.
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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
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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.
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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.
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X. ADJOURNMENT
At 10:40 P.M., President Boneysteele adjourned the meeting.
COUNTERSIGNED:
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