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HomeMy WebLinkAboutBOARD MINUTES 11-22-77 1170 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD NOVEMBER 22, 1977 The District Board of the Central Contra Costa Sanitary District convened in an adjourned regular session at its regular place of meeting, 1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on November 22, 1977, at 7:30 P.M., being a continuation of the meeting of November 17,1977. President Boneysteele requested the Secretary to call the roll. 1. ROLL CALL PRESENT: Members: ABSENT: Members: Campbell, Carlson and Boneysteele Rustigian and Allan Member Allan arrived at 7:37 P.M. Member Rustigian arrived at 7:43 P.M. Prior to continuing with the agenda for the meeting of November 17, 1977, President Boneysteele asked if there was anyone in attendance interested in a particular item of the agenda. There being an indication of interest, President Boneysteele requested the Board hear "VII. NEW BUSINESS, Item 3", as the first order of business. VI I. NEW BUSINESS 3. AUTHORIZATION FOR THREE PARCELS, P.A.77-46 & 77-47, ORINDA, AND P.A. 77-48, DANVILLE, TO BE INCLUDED IN PENDING ANNEXATIONS TO THE DISTRICT Mr. Urban, a property owner in Fairway Acres (P.A. 77-46&47), stated that he had appeared before the Board on August 4, and had discussed the possibility of forming a Local Improvement District in the subject area. He explained that he was given little encouragement at that time. Since then the status of the Sorrick property has changed, thereby making it impractical to consider a LID. Mr. Urban has obtained bids from sewer contractors to extend the sewer system and is now requesting Board approval for annexation of these properties to the District. Mr. Hopkins, Secretary of the District, gave further explanation regarding properties. He also advised that the District received this date a request from Mr. and Mrs. Goodwin, owners of property between P.A. 46 & 47, that their property be included with the proposed annexation. This would make P.A. 46 & 47 one contiguous parcel. After further discussion, it was moved by Member Campbell, seconded by Member Carlson, that P. A. 77-46 and P.A. 77-47 be combined with the Goodwin property to create one parcel P.A. 77-46 for pending annexation to the District; P. A. 77-47 be redesignated to the property owned by Gene A. Dolan, Danville; P.A. 77-48 be held open for the next pending annexation; and that authorization for P.A. 77-46 and P.A. 77-47 to be included in pending annexations to the District, be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: ~1embers : Campbell, Carlson, Allan and Boneysteele None Rustigian President Boneysteele reverted to the order of the agenda. 11 22 77 1171 v!. OLD BUSINESS REVIEW AND AUTHORIZATION TO EXECUTE THE EASEMENT AND LEASE AGREEMENT REGARDING WATER RECLAMATION PLANT WITH CONTRA COSTA COUNTY WATER DISTRICT 2. Mr. Carniato, District Counsel, explained that the easement and lease agreements are joint-related either in the original contract with the Contra Costa County Water District or in amendment thereto, wherein Central San was required to turn over the clearwell along with certain easements and rights-of-way to the Water District. The subject easement and parcels under the lease agreement all fall clearly within what Central San was bound to provide. The conditions for the Joint Use of Rights of Way are less clear, but have received a thorough study. The Water District has the responsibility to acquire rights to use the railway Private Crossing to provide their own insurance and to pay for one-third of crossing cost and maintenance. After further discussion, it was moved by Member Allan, seconded by Member Carlson, that authorization for President and Secretary to execute the Easement and Consent for Joint Use of Rights of Way, Road Maintenance Agreement and Lease Agreement be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None 3. POLICY AND PROCEDURE Mr. Dolan, General Manager-Chief Engineer, explained that in order to provide some consistent guidelines for employees of the District, written policies and procedures have been drafted so that management and employees have more insight into procedural responsibilities. It is the intent that further written Policies and Procedures will be established upon the approval by the Board of the concept and format. Board Members reviewed the drafts entitled Payment of Accumulated Vacation Time (P-l), and Policy and Procedure for Handling Grievances (P-2). Discussion followed wherein comments and suggestions were made for each of the two sections. Board Members also reviewed the Policy and Procedure drafts for privately owned sewage pumping stations (E-l), and Policy and Procedure for Grease Interceptors for Restaurants (E-2). Member Carlson pointed out an error in the Policy Statement of E-2. Members Rustigian and Carlson commented on the technical requirements set forth in E-2 and indicated that there should be more analysis and study given to this subject before any approval by the Board. It was moved by Member Allan, that the policy and procedures pertaining to personnel (P-l and P-2) be approved and policy and procedures pertaining to engineering (E-l and E-2) be reviewed further before approval. Motion failed for lack of a second. After further discussion on policy and procedure pertaining to handling of grievances (P-2), it was moved by Member Allan, seconded by Member Campbell, that the policy and procedures for handling grievances be adopted subject to modifications by Mr. Carniato, Counsel for the District, as recommended by the Board. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None It was moved by Member Allan, seconded by Member Rustigian, that policy and procedure for payment of accumulated vacation time be approved as presented. Motion carried by the following vote: 11 22 77 1172 AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None Two Board Members expressed concern over policy and procedures pertaining to grease interceptors for restaurants (E-2). After further discussion, it was the Board's consensus that the policy and procedure engineering items (E-l and E~~ be deferred for further review. Board Members commented that there should be more definitive guidelines established in regard to what matters may be handled at a staff level and what matters shall be brought before the Board. VI I. 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 Carlson, seconded by Member Rustigian, that the 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 Glen E. Valerga, et ux 2903 2 Charlotte Dawn Kralj 2943 3 Bruce A. Bailey, et ux 2961 1 Michael K. Durney, et al 2949 1 RESOLUTION NO. 77-356, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO ¡HE DISTRICT FROM GLEN E. VALERGA AND LAKUL M. VALtRGA, MARTINEZ AREA, (JOB NO. 2903 - PARCEL NO.2) RESOLUTION NO. 77-357 A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM CHARLOTTE DAWN KRALJ, LAFAYETTE AREA, JOB NO. 2943, PARCEL NO.3 RESOLUTION NO. 77-358, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM BRUCE A. BAILEY AND JANNA L. BAILEY, WALNUT CREEK AREA, (JOB NO. 2961 - PARCEL NO.1) RESOLUTION NO. 77-359, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM MICHAEL K. DURNEY AND ADRIAN JOSEPH, PLEASANT HILL AREA, }JOB NO. 2949 - PARCEL NO.1) Motion carried by the following vote: AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None 2. AUTHORIZATION TO EXECUTE CONSENT TO DEDICATION TO CONTRA COSTA COUNTY FOR PUBLIC ROAD OVER A PORTION OF OLYMPIC BLVD. After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Allan. seconded by Member Rustigian, that authorization to execute Consent to Dedication to Contra Costa County, over a portion of Parcel No. 13, Job No. 1552, Walnut Creek area be approved and a resolution adopted to that effect. RESOLUTION NO. 77-360, A RESOLUTION AUTHORIZING EXECUTION OF CONSENT TO DEDICATION FOR A COUNTY ROAD, JOB NO. 1552, PARCEL NO. 13, WALNUT CREEK ARE) Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Carlson, Rustigiian, Allan and Boneysteele None None 11 22 77 1173 3. AUTHORIZATION FOR THREE PARCELS P.A. 46 & 47, ORINDA, AND P.A. 48, DANVILLE TO BE INCLUDED IN PENDING ANNEXATIONS TO THE DISTRICT This item was discussed and acted upon as the first item of business of the meeting. 4. CLAIM OF MR. & MRS. MAURICE SMITH, 1195 SARANAP AVENUE, WALNUT CREEK, ~$299.68 PROPERTY DAMAGE After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Rustigian, seconded by Member Allan, that authorization to pay the claim of Mr. and Mrs. Maurice Smith in the amount of $299.68 for damage resulting from a stoppage in the main line sewer be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None 5. CLAIM OF MR. RALPH TAYLOR, 150 CLEAVELAND ROAD, PLEASANT HILL, FOR $225 PROPERTY DAMAGE Mr. Dolan, General Manager-Chief Engineer, advised the Board that this item was withdrawn from the agenda after it was determined that the damage resulted from a stoppage in a privately owned mainline in the development, and therefore, is not the District's responsibility. CLAIM OF MR. R. P. BARNES, 1807 NEWELL AVENUE, WALNUT CREEK, FOR A $28.95 SEWER CLEANING BILL 6. After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Rustigian, seconded by Member Allan, that authorization to pay the claim of R. P. Barnes in the amount of $28.95 for sewer cleaning resulting from a stoppage in the mainline sewer be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None AUTHORIZATION OF $50,000 FOR FIELD MODIFICATIONS DURING PLANT START UP OF STAGE 5A, PHASES I AND II 7. Mr. Dolan, General Manager-Chief Engineer, explained that a fund should be established for unplanned capital expenditures connected with the start-up of the new water pollution controllreclamation project. In the start-up process, expenditures become necessary, and considerable time delay would occur by awaiting Board approval. Therefore, we are requesting the establishment of a $50,000 fund for this purpose. All expenditures from this fund will be reported to the Board by the General Manager-Chief Engineer. After discussion, it was moved by Member Carlson, seconded by Member Rustigian, that authorization of $50,000 for a Plant Fund to draw on during start-up of Stage 5A, Phase I and Phase II, be approved with the condition that staffreport:expenditures to the Board as an after- the-fact procedure. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None 8. AUTHORIZE PAYMENT OF BILL FOR LITIGATION COSTS IN THE KAISER SAND AND GRAVEL CASE Mr. Carniato, District Counsel, explained to the Board that under 11 22 77 --- --."--- ,----,-----_._----- 1174 our contract with Brown and Caldwell, the District is obligated to provide them with a defense attorney in the event they are named in any litigation. Brown and Caldwell is involved in a satellite action with Kaiser Sand and Gravel and the Board approved the firm of Lempres and Wulfsberg to represent Brown and Caldwell in this action. Mr. Carniato stated that he is drafting a letter to the Board which they will receive before the next Board meeting wherein he breaks down the Districtls cost for the Brown and Caldwell litigation. Should this be a part of the general contract, the present bill does not have to be paid until there is an actual lawsuit. It was moved by Member Carlson that the payment for litigation services by Lempres and Wulfberg be deferred. Motion failed for lack of a second. After discussion, it was moved by Member Allan, seconded by Member Rustigian, that authorization for payment of the statement from Lempres and Wulfberg in the amount of $587.60 be approved subject to review and by District Counsel. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None 9. AUTHORIZE PAYMENT OF BILLS FOR LITIGATION SERVICES IN THE EARLY AND PETERSON-SIMPSON MATTERS After discussion, it was moved by Member Allan, seconded by Member Rustigian, that the statements from John Carniato for professional services rendered during the month of October relating to Fred J. Early and Peterson-Simpson in the amounts of $2,675 and $1,837.50 respectively, totalling $4,512.50, be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None 10. PERSONNEL MAINTENANCE DEPARTMENT AUTHORIZATION TO APPOINT CHARLES BLASINGAME TO THE POSITION OF EQUIPMENT MECHANIC, RANGE 62A ($1,289) EFFECTIVE DECEMBER 1, 1977 After discuss i on, it was moved by Member Allan, seconded by Member Rustigian, that Charles Blasingame be appointed to the position of Equipment Mechanic, Range 62-A, ($1,289), effective December 1,1977 and that a resolution be adopted to that effect. RESOLUTION NO. 77-361, A RESOLUTION APPOINTING CHARELS BLASINGAME TO THE POSITION OF EQUIPMENT MECHANIC Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None 11. PERSONNEL - PLANT OPERATIONS DEPARTMENT a. ADOPT ELIGIBILITY LIST FOR POSITION OF MAINTENANCE ELECTRICIAN TECHNICIAN II After discussion, it was moved by Member Allan, seconded by Member Rustigian, that an Eligibility List for Maintenance Electrician Technician II be approved and a resolution adopted to that effect. 11 22 77 1175 RESOLUTION NO. 77-362, A RESOLUTION ADOPTING AN ELIGIBILITY LIST FOR MAINTENANCE ELECTRICIAN TECHNICIAN II Motion carried by the following vote: AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None b. AUTHORIZATION TO MAKE APPOINTMENTS FROM THE ELIGIBILITY LIST FOR MAINTENANCE ELECTRICAN TECHNICIAN II After discussion, it was moved by Member Allan, seconded by Member Rustigian, that Rodolfo Servande and Harold Newman be appointed to the positions of Maintenance Electrician II, Range 59-A ($1,200) effective December 1, 1977 and that resolutions be adopted to that effect. RESOLUTION NO. 77-363, A RESOLUTION APPOINTING RODOlFO SERVANDE TO THE POSITION OF MAINTENANCE ELECTRICIAN II RESOLUTION NO. 77-364, A RESOLUTION APPOINTING HAROLD NEWMAN TO THE POSITION OF MAINTENANCE ELECTRICIAN TECHNICIAN II Motion carried by the following vote: AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None 12. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA a. OPERATOR I AND II EXAMINATIONS Mr. Niles, Manager-Plant Operations, explained that due to the need and urgency to establish an Eligibility List for Operator I and II and since this is an in-house promotional examination, he is requesting Board approval to reduce the presently required 21 day notification period to 14 days. After discussion, it was moved by Member Carlson, seconded by Member Allan, that the notification period for the in-house District promotional examination for Operator I and II be shortened from 21 days to 14 days. Motion carried by the following vote: AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None b. APPROVAL OF RESOLUTIONS ADOPTING ELIGIBILITY LISTS FOR RECORDS CLERK- PLANT OPERATIONS, AND RECORDS CLERK-ADMINISTRATION Mr. Dolan, General Manag~er-Chief Engineer, advised that the examinations for the Records Clerk-Administration and Records Clerk-Plant Operations have been completed and is requesting that the Board approve the respective Eligibility Lists and adopt resolutions to that effect. It was moved by Member Allan, seconded by Member Rustigian, that an Eligibility List for Records Clerk-Plant Operations be approved and a resolution adopted to that effect. RESOLUTION NO. 77-365, A RESOLUTION ESTABLISHING AN ELIGIBILITY LIST FOR THE POSITION OF RECORDS CLERK-PLANT OPERATIONS Motion carried by the following vote: AYES: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None 11 22 77 ""-- ----------- -_._-,------- --- - -" - --- ""- -------- 1176 It was moved by Member Allan, seconded by Member Rustigian, that an Eligibility List for Records Clerk-Administration be approved and a resolution adopted to that effect. RESOLUTION NO. 77-366, A RESOLUTION ESTABLISHING AN ELIGIBILITY LIST FOR RECORDS CLERK-ADMINISTRATION Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None 1. VII I. GENERAL MANAGER-CHIEF ENGINEER REPORTS a. Mr. Dolan advised that a committee is being established to revise Chapter 4 of the District Code. Mr. Hinkson, Manager-Maintenance Department, and Mrs. Koff, Personnel Officer, have been appointed to serve on that committee along with two representatives of the Employees Assn. b. A number of commercial environmental quality charge bills are being modified as a result of water conservation efforts by the owners. c. A study of secondary watershed plans is underway. Staff proposes to present a modified plan to the Board in January for input as to its handling. d. Treatment Plant - (l-d) Staff has occupied the Administration Building. (2-d) Air-turbine system has been placed on line. (3-d) Secondary sedimentation tanks are about to be filled with primary treated sewage for secondary treatment. (4-d) Partial computer control of components in operation has begun and a Sr. Operator is now at the computor console on all shifts. e. Maintenance Department - Service calls and stoppages are up again in October. Root regrowth is increasing in many lines. f. Engineering Department - (l-f) Oak Park Blvd. trunk sewer contract has been awarded. (2f) San Ramon trunk sewer project has been advertised. (3-f) Building connections have increased in October after a two-month slump. (4-f) The final design on the Ferry Street parallel sewer in Martinez is now underway. (5-f) The District is experiencing recurring blockages in our sewer on Stewart Avenue (Walnut Creek), which will require the installation of a parallel line in that area. The Engineering Department is studying the situation to determine the best solution. g. Mr. Dolan advised that he had been interviewed by John Fullmer of Channel 4 news regarding the pyrolysis project at the Treatment Plant. h. Mr. Dolan reported that we have a proposal from Acme Fill to handle our sludge as land fill for $7.50 per cu. yard. However, we have discovered that Acme has been charging us only $1.75 per cu. yd., resulting in a $32,000 difference to date. i. Mr. Dolan reported that Mr. J. S. Plourde will be at the December 1, 1977 meeting to review the audit prepared by his firm. j. Mr. Dolan reported that the CAS A Insurance Plan is coming up for renewal and he has been advised by Mr. Frank Kelly that all indications are that the premiums for dental coverage will increase substantially for the coming year. 11 22 77 1177 k. Mr. Dolan reported that he has met with the Walnut Creek Police Department pursuant to the incident of November 17. 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato requested Board authorization for an additional $600 for payment of air pollution Control violations at the Treatment Plant. Previously the Board had authorized $400, however, this amount did not cover all of the violations. The total of $1000 is still a compromise amount. It was moved by Member Allan, seconded by Member Rustigian, that an additional authorization of $600 to pay the Bay Air Pollution Control District for air pollution violations at the Treatment Plant be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None b. Deferred Compensation - Mr. Carniato requested Board authorization to enter into a contract with Hartford Insurance Company. He has reviewed the contract and recommends its execution. It was moved by Member Allan, seconded by Member Rustigian, that the authorization to enter into the contract for the Employees Deferred Compensation Plan with Hartford Insurance Company be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None c. Mr. Carniato requested that Mr. James Schloesser, a District employee, has been off work due to surgery since July, 1977 and will not be returning to work until January, 1978. In light of this, Mr. Schloesser is requesting that he be allowed to take out his deferred compensation funds. This has been reviewed by the committee and approval is recommended. It was moved by Member Allan, seconded by Member Rustigian, that authorization for James Schloesser to remove his funds from the Employees Deferred Compensation Plan be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Carlson, Rustigian, Allan and Boneysteele None None d. Mr. Carniato advised that he has received a letter from the attorney representing Mr. Fred Fagliano requesting District approval of Lafayette Disposal. President Boneysteele requested that this matter be placed on the agenda for the December 1 meeting as an item for formal approval. e. Mr. Carniato reported that he has drafted a letter to the Board regarding the employment of Lee Saylor as consultant on the work progress at the Treatment Plant, Stage 5A, Phase I. He anticipates bringing this matter up at the next meeting for discussion by the Board. f. Mr. Carniato stated that the progress payment for Peterson- Simpson has been withheld. However, upon receipt of correspondence from Argonaut, Peterson-Simpsonls bonding company, we have authorized the payment. Brown and Caldwell has reiterated their position in regard to not making the progress payment. 11 22 77 .-.-----------,---- 1178 g. Mr. Carniato advised that the scope of both lawsuits (Peterson- Simpson and Fred J. Early) is becoming clear. Wismer Becker's claim is now at $2,000,000. He feels that there should be some regular report to keep the Board informed. Member Allan suggested that the Board receive a monthly report from Mr. Carniato at least until the first of the year, and try to schedule a third meeting thereafter for litigation review. h. Conflict of Interest - Mr. Carniato is drafting a letter to the reappointed Board Members advising them it is not necessary to file a new form until January, 1978. 3. SECRETARY None. 4. COMMITTEES Member Rustigian advised that he attended the luncheon for the Russian Delegation touring the Treatment Plant. IX. MATTERS FROM THE FLOOR None. At 10:23 P.M., President Boneysteele recessed the meeting. At 10:30 P.M., President Boneysteele reconvened the meeting and declared an executive session to discuss the incident that occurred at the November 17, adjourned meeting. At 10:55 P.M., President Boneysteele closed the executive session. X. ADJOURNMENT At 10:56 P.M., President Boneysteele adjourned the meeting. L;// '. Lf{ resident of the District Bo Central Contra Costa Sanita~ County of Contra Costa, State of the District, of Cal ifornia COUNTERSIGNED: 11 22 77