HomeMy WebLinkAboutBOARD MINUTES 12-15-77
1185
MINUTES OF A REGULAR BOARD MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD DECEMBER 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 December 15, 1977 at 7:41 P.M.
President Allan requested the Secretary to call roll.
I.
ROLL CALL
PRESENT: Members:
Campbell, Boneysteele, Rustigian, Carlson and Allan
ABSENT:
Members:
None
President Allan requested that the Board depart from the Agenda to
make a presentation to Member Boneysteele. President Allan proposed a
resolution commending Member Boneysteele for the expertise and fairness
he displayed during the three years he officiated as President of the
District Board.
It was moved by Member Rustigian, seconded by Member Carlson, that
the resolution commending Member Boneysteele be adopted.
RESOLUTION NO. 77-379, A RESOLUTION COMMENDING PARKE L. BONEYSTEELE FOR HIS
SERVICE TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT
Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSTAINING: Member:
ABSENT: Members:
Campbell, Rustigian, Carlson and Allan
None
Boneysteele
None
President Allan then presented to Member Boneysteele a plaque, on
behalf of the Board, recognizing his service as President of the Board.
Member Boneysteele expressed his deep felt thanks to the Board Members
for this tribute.
President Allan reverted to the order of the agenda.
II.
APPROVAL OF MINUTES
MINUTES OF THE MEETING OF NOVEMBER 22,1977
1.
It was moved by Member Boneysteele, seconded by Member Rustigian,
that the minutes of November 22 be approved with the following addition.
Under "V!. OLD BUSINESS, 3. POLICY AND PROCEDURE II in the seventh
paragraph, beginning with "Board Members", insert the word "Two" at the
beginning of the sentence. Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Boneysteele, Carlson, Rustigian and Allan
None
None
MINUTES OF THE MEETING OF DECEMBER 1,1977
2.
It was moved by Member Boneysteele, seconded by Member Rustigian,
that the minutes of December 1,1977 be approved as presented. Motion
carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Boneysteele Rustigian, Carlson and Allan
None
None
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1186
III.
EXPENDITURES
After review of the Expenditures, it was moved by Member Rustigian,
seconded by Member Carlson, that the expenditures for Sewer Construction
Voucher Nos. 3191 through 3212 inclusive; along with Sewer Construction
Voucher Nos. 258 through 271 inclusive; Running Expense Voucher Nos.
2238 through 2241, 2402 through 2486,2337 and 2345, along with Voucher
Nos. 2504 through 2675; and Payroll Voucher Nos. 1277 through 1454
inclusive, be approved. Motion carried by the following vote:
AYES: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan
NOES: Members: None
ABSENT: Members: None
IV.
HEARINGS
None.
V . BIDS
None.
v!.
OLD BUSINESS
None.
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 r¡loved by t~embet. Rustigian, seconded by
Member Boneysteele 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
Joseph V. Lipovac, et ux
Richard E. Seastrom
Vermillion Development Corp
Peter J. Frumenti
Peter J. Frumenti
2884
2884
2406
2488
2488
1 R-l
2 R-l
2
2
3
RESOLUTION NO. 77-380, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO
THE DISTRICT FROM JOSEPH V. LIPOVAC AND JOYCE L. LIPOVAC, ORINDA AREA,
(JOB NO. 2884 - PARCEL NO. L R-l)
RESOLUTION NO. 77-381, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE
DISTRICT FROM RICHARD E. SEASTROM, ORINDA AREA, JOB NO. 2884 -
PARCEL NO.2 R-l
RESOLUTION NO. 77-382, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE
DISTRICT FROM VERMILLION DEVELOPMENT CORP., PLEASANT HILL AREA,
(JOB NO. 2406 - PARCEL NO.2)
RESOLUTION NO.77-383, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE
DISTRICT FROM PETER J. FRUMENTI, DANVILLE AREA, JOB NO. 2488 -
P RCEL NO.2
RESOLUTION NO.77-384, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE
DISTRICT FROM PETER J. FRUMENTI, DANVILLE AREA, JOB NO. 2488 -
PARCEL NO.3
Motion carried by the following vote:
AYES: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan
NOES: Members: None
ABSENT: Members: None
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1187
2.
AUTHORIZE EXECUTION OF QUITCLAIM DEEDS AND THEIR RECORDING
After discussion, it was moved by Member Boneysteele, seconded by
Member Campbell, that authorization to execute Quitclaim Deeds to those
persons listed below be approved, respective resolutions adopted and
their recording authorized.
Grantor
Job No.
Parcel No.
Joseph V. Lipovac, et ux
Richard E. Seastrom
Walter H. Herkal, Jr.
2884
2884
21057
1
2
Misc.
UITCLAIM DEED TO
2884-
RESOLUTION NO. 77-386, A RESOLUTION AUTHORIZING EXECUTION OF QUITCLAI~t DEED TO
RICHARD E. SEASTROM, ORINDA AREA, (JOB NO. 2884-PARCEL NO.2)
RESOLUTION NO. 77-387, A RESOLUTION AUTHORIZING EXECUTION OF UITCLAIM DEED TO
WALTER H. HERKAL, JR. AND DALEMARIE HERKAL DANVILLE AREA, JOB NO. 2057-
PARCEL NO. MISC. .
AUTHORIZE CONSENT TO DEDICATION TO CONTRA COSTA COUNTY OVER A PORTION
OF DISTRICT EASEMENT IN CELAYA CIRCLE, SAN RAMON AREA
3.
After explanation by Mr. Hopkins, Secretary of the District, it was
moved by Member Boneysteele, seconded by Member Rustigian, that authorization
to execute Consent to Dedication to Contra Costa County over a portion
of District easement in Celaya Circle, San Ramon area, be approved and a
resolution adopted to that effect.
RESOLUTION NO. 77-388, A RESOLUTION AUTHORIZING EXECUTION OF CONSENT TO
DEDICATION TO CONTRA COSTA COUNTY OVER A PORTION OF DISTRICT EASEMENT
CELAYA, CIRCLE, SAN RAMON AREA (JOB NO. 2862-PARCEL NO.5)
Motion carried by the following vote:
AYES: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan
NOES: Members: None
ABSENT: Members: None
AUTHORIZATION FOR TWO PARCELS P.A. 77-49, WALNUT CREEK AND P.A. 77-50,
ALAMO AREA, TO BE INCLUDED IN PENDING ANNEXATIONS TO THE DISTRICT
4.
After explanation by Mr. Dolan, General Manager-Chief Engineer, it
was moved by Member Boneysteele, seconded by Member Campbell, that
authorization for P.A. 77-49, Walnut Creek area and P.A. 77-50, Alamo
area, to be included in pending annexations to the District be approved.
Motion carried by the following vote:
AYES: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan
NOES: Members: None
ABSENT: Members: None
5.
CONFIRM "AMENDED ASSESSMENT DIAGRAM" AND AUTHORIZE RECORDING OF SAID DIAGRAM
After explanation, it was moved by Member Rustigian, 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
Apportioned Amount
Amended Assessment No.
52-7-9-1
52-7-9-2
52-7-9-20
$7,445.15
52-7-10-2
52-7-10-7
52- 7-9-21
-22
-23
2,888.58
2,888.58
2,888.58
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1188
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
6.
Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
AGREEMENT RELATING TO REAL PROPERTY WITH VERMILLION DEVELOPMENT CORPORATION,
LOTS 16 AND 17 OF SUBDIVISION 4811 LOCATED NORTH OF MORELLO AVENUE IN
PLEASANT HILL, JOB NO. 2406 AND JOB NO. 1946
Mr. Carniato, District Counsel, explained that this matter was
previously discussed by staff and developer. Pursuant to District
policy not to allow any building over a sewer line, permission to build
a patio and fencing was denied. However, it was subsequently learned
that an easement had not been granted to the District for the existing
sewer line. Therefore, Vermillion Development Corporation has dedicated
the required easement to the District with the understanding that they
be allowed to construct minor improvements over the easement. Normally,
if the line were to serve only that particular property, it would be
considered their private line. However, this is a down-stream property
and the line will be serving other properties above.
After further discussion, it was moved by Member Rustigian, seconded
by Member Carlson, that authorization for the President and Secretary to
execute the Agreement Relating to Real Property be approved and its
recording authorized. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
AUTHORIZE $70,000 FOR PREPARATION OF PLANS, SPECIFICATIONS AND ACQUISITION OF
RIGHTS-OF-WAY FOR DSP 2970 A WATERSHED TRUNK SEWER ALONG TASSAJARA
ROAD, DANVILLE
7.
Mr. Dolan, General Manager-Chief Engineer, explained that Bryan and
Murphy, engineers for Blackhawk Development, have requested that the
District design the sewer project to serve Phase III of the development.
They have advanced $70,000 of their anticipated Watershed fees to finance
the District engineering and rights-of-way acquisition work. When the
plans are completed, the Developer will be given the option of constructing
the project under their own contract or financing the project and have
the work done under District contract.
After discussion, it was moved by Member Carlson, seconded by
Member Rustigian, that authorization to establish a DSP account in the
amount of $70,000 to cover design, preparation of plans, specifications
and acquisition of rights-of-way be approved. Motion carried by the
fo 11 owi ng vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Boneysteele, Rustigian,Carlson and Allan
None
None
8.
AUTHORIZE $10,000 FOR THE PREPARATION OF PLANS AND SPECIFICATIONS
FOR DSP 2981, A WATERSHED 29 SO. TRUNK SEWER LINE IN STEWART AVENUE,
WALNUT CREEK
After explanation by Mr. Dolan, General Manager-Chief Engineer, it
was moved by Member Boneysteele, seconded by Member Campbell, that
authorization to transfer $10,000 from the Watershed 29 South account to
an account established for District Sewering Project 2981 for preparation
of plans and specifications be approved. Motion carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
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Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
1189
9.
AUTHORIZATION OF $2,000 FOR EQUIPMENT AND SUPPLIES NECESSARY FOR
THE ESTABLISHMENT OF PLANT OPERATIONS DEPARTMENT ENGINEERING
DIVISION DRAFTING ROOM
Member Boneysteele questioned the feasibility of having an Engineering
Division at the Treatment Plant. Mr. Dolan, General Manager-Chief
Engineer explained that the equipment requested is to enable the field
inspectors to complete the lias built" drawings. The type of engineering
work done is related to the plant construction, and therefore, not the
same as the wòrk performed by the Engineering Department at the District
Office.
Member Campbell questioned whether there would be a continual flow
of these requests as start-up of the Plant progresses. Mr. Dolan explained
that there probably would be more requests as we proceed with the
start-up. He pointed out that the anticipated expenditures were covered
in the budget. This expenditure and others that will be ,requested are
items that are needed but not planned. Often because it was erroneously
expected that the contractor would be required to provide the item.
After discussion, it was moved by Member Rustigian, seconded by
Member Campbell, that authorization of $2,000 for purchase of equipment
and supplies necessary for the establishment of Plant Operations Department,
Engineering Division drafting room be approved. Motion carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
10.
APPROVAL OF BILLS FOR LITIGATION COSTS AND SERVICES
After explanation and discussion, it was moved by Member Rustigian,
seconded by Member Carlson, that the statements dated December 2,1977
from John J. Carniato for professional services rendered during November,
1977 regarding Fred J. Early, Jr. Company in the amount of $12.016.97
and professional services rendered in November, 1977 regarding PetersonlSimpson
in the amount of $4,445.00 be approved along with a statement from Kahn
and Associates for litigation consulting services in the amount of
$1,500. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
Member Boneysteele noted that Kahn and Associates advised on their
statement that a complete accounting of their services is available upon
request and asked staff to request the accounting.
Board Members reviewed the summary of outside litigation costs as
related to Projects 5A-I and 5A-II. They expressed their satisfaction
with the summary and requested that the summary be updated each month
and submitted for their review.
CLAIM OF MRS. MARILYN VINNECOMBE, 24 ORCHARD ROAD, ORINDA, FOR $110 IN
RESIDENTIAL PROPERTY DAMAGE
11..
After discussion, it was moved by Member Boneysteele, seconded by
Member Rustigian, that the claim from Mrs. Marilyn Vinnicombe in the
amount of $110 resulting from stoppage in the main line sewer be approved.
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
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1190
12.
CLAIM OF SHIRLEY CARR, 57 JENNIFER LANE, ALAMO, FOR $14,885.21 PROPERTY
DAMAGE AT 2104 STEWART AVENUE, WALNUT CREEK
After explanation by Mr. Dolan, General Manager-Chief Engineer, and
Board discussion, it was moved by Member Boneysteele, seconded by Member
Rustigian, that the claim of Mrs. Shirley Carr in the amount of $14,885.21
be referred to the District's insurance carrier. Motion carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
13.
APPOINTMENT OF KURT DARNER TO THE POSITION OF ENGINEERING AID I,
RANGE 52-C, $1,118, EFFECTIVE JANUARY 3, 1978
After explanation by Mr. Dolan, General Manager-Chief Engineer, it
was moved by Member Boneysteele, seconded by Member Carlson, that Kurt
Darner be appointed to the position of Engineering Aid I, Range 52-C
($1,118), effective January 3, 1978 and that a resolution be adopted to
that effect.
RESOLUTION NO. 77-389, A RESOLUTION APPOINTING KURT DARNER TO THE POSITION
OF ENGINEERING AID I
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
14.
ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA
None.
VII I.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
a. Project 5B-Phase I - Mr. Dolan advised that we will not be able
to receive State approval of plan and specification for this project
until late in January. This is due to the fact that there are other
projects in the same category and at the same stage of progress, being
currently reviewed by the State.
b. Project 5B-Phase II - Work on the EIRIEIS has been suspended
pending review by the State. The project is now scheduled for a State
staff workshop discussion to try to find ways of getting the EIRIEIS
completed. A decision might be reached at that time.
Mr. Dolan has spoken to Larry Walker, Director of the State Water
Revenue Control Board, regarding demonstration grant moneyfor this
project. Mr. Walker is responsive to our ideas in this regard but has no
funds to release until amendments to Public Law 92-500 have been approved
by Congress and signed into law.
c. Engineering Department - 1. Mr. Dolan reported that building
connections were down for the month of November. 2. Four major secondary
trunk sewer projects are under design. 3. Jack Best, Manager-Engineering
Department, is compiling cost figures for three different types of
expansions to the District Office building. 4. The Engineering Department
has made the annual survey on the outfall. 5. It was noted that there
has been continued gradual settlement of up to 4" over a two-year period.
6. There has been survey work done on the Martinez force main, which
has been settling.
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1191
d. Maintenance Department - 1. There were 21 plugged sewers in
November, however service calls and stoppages were under last year's
totals. 2. There was over 28,500 feet of pipeTV inspected in November.
3. The Boulevard Way sewer construction project has been completed. 4.
Jim Coe, Senior Engineer, is conducting an extensive study towards
developing plans to control sulfide problems.
e. Plant Operations - 1. The flow for the month of November
averaged 23.4 mgd. 2. Start-up is progressing satisfactorily, with a
15 mgd restriction while weirs are being modified.
f. CAS A Registration - Mr. Dolan stated that he was able to obtain
reservations for the CASA Convention on January 18-21, 1978 at the
Erawan in Indian Wells for the Board Members.
After discussion, it was moved by Member Boneysteele, seconded by
Member Carlson, that staff be authorized to make accommodations at the
Erawan in Indian Wells for four Board Members be approved. Motion
carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
2.
COUNSEL FOR THE DISTRICT
a. PG&E Claim - The District has received a bill from PG&E for
$67,312.64 for failure to fulfill its contractual obligation to start
service at the Water Reclamation Plant at the specified time. In checking
with Dave Niles, Manager-Plant Operations, the facts are accurate,
however, the authority PG&E has to enforce the bill remains unclear.
Mr. Carniato plans to meet with PG&E.
b. Apartment House Claims - Mr. Carniato explained that the claim
from General Western Company, et al, is based on the alledged inequities
of the environmental quality charge as it relates to apartment house
owners.
Upon Counsel's recommendation, it was moved by Member Campbell,
seconded by Member Rustigian, that the claim of General Western Company,
et al, be denied and referred to District Counsel. Motion carried by
the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
c. St. Maryls College Claim - Mr. Carniato explained that this claim
challenges the legality of Districtls environmental quality charge for.
sewer service to the College considering the 1962 contract with the District.
After report and recommendation by Counsel, it was moved by Member
Rustigian, seconded by Member Campbell to deny the claim and refer it to
Counsel. Motion carried by the following vote:
AYES:
NOES:
ABSTAINING:
ABSENT:
Members:
Members:
t~ember :
Members:
Campbell, Boneysteele, Rustigian and Allan
None
Carlson
None
Member Carlson advised that his reason for abstaining was due to a
possible conflict of intrest.
3.
SECRETARY
None.
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1192
4.
COMMITTEES
President Allan advised that he wished to make the following appointments
at this time.
Personnel Committee:
Members:
Campbell and Boneysteele
Rustigian and Carlson
Expenditure Committee:
Members:
President Allan recommended that a special committee be formed to deal
with the plant dedication. Members Boneysteele and Carlson agreed to
serve on this committee.
At 9:35 P.M., President Allan recessed the meeting.
At 9:42 P.M., President Allan reconvened the meeting.
IX.
MATTERS FROM THE FLOOR
a. After discussion regarding the time of the Board meetings, President
Allan suggested that it would be more convenient if the District Board
meetings would begin at 7:45 P.M., rather than 7:30 P.M. It was brought
to the Board1s attention that this would require an amendment to the Code.
After discussion, it was moved by Member Boneysteele, seconded by
Member Carlson, that the District Board meetings be called no earlier than
7:30 P.M., and no later than 8:00 P.M., and that an Ordinance be prepared to
that effect. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
b. President Allan stated that until further notice, Board meetings
will be scheduled to start at 7:45 P.M.
c. Member Carlson informed the Board that ABAG has introduced a
region-wide environmental master plan. The total cost of implementation
of the plan will be approximately $600,000,000 a year, of which approximately
80% will go toward construction of wastewater and solid waste treatment
plants.
d. At the meeting of January 12, 1978, Board Members will receive
the Conflict of Interest forms for filing and Mr. Carniato, Counsel for
the District requested that they be filed by the last day of January, 1978.
e. In answer to Board query, Mr. Dolan advised that the garbage
franchise audits are progressing. The first audit reports will be brought
to the Board in the near future.
f. At 10:00 P.M., President Allan declared an Executive Session to
discuss litigation matters.
At 11:39 P.M., President Allan adjourned the Executive Session.
g. As a result of discussions in Executive Session, it was moved by
Member Boneysteele, seconded by Member Rustigian, to authorize up to
$35,000 for Counsel to enga~e Lee Saylor, Inc., Consulting Cost Engineers,
for additional services in connection with current Water Reclamation
Plant litigation, be approved. Motion carried by the following vote:
AYES;
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
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1193
h. Also, as a result of discussion in Executive Session, it was
moved by Member Rustigian, seconded by Member Carlson, that staff be
authorized to order an audit of the Fred J. Early Claim, not to exceed
$20,000. Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
i. Member Boneysteele reported that the CASA Executive Committee had
been renamed the Executive Board.
x.
ADJOURNMENT
At 11:45 P.M., President Allan adjourned the meeting.
. ~J
Presi ent of the District Board of the
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secr ry of th istrict Board of the
Central Contra osta Sanitary District,
County of Contra Costa, State of California
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