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HomeMy WebLinkAboutBOARD MINUTES 01-05-78 1194 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD JANUARY 5, 1978 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 January 5, 1978 at 7:45 P.M. President Allan requested the Secretary to call the roll. I. ROLL CALL PRESENT: Members: ABSENT: Member: Campbell, Boneysteele, Carlson and Allan Rustigian Member Rustigian arrived at 7:51 P.M. II. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF DECEMBER 15, 1977 The minutes of December 15, 1977 were deferred to the next meeting. I I I. APPROVAL OF EXPENDITURES None. IV. HEARINGS None. V. BIDS None VI. OLD BUSINESS 1. RESCIND RESOLUTION NO. 77-354 APPOINTING DENNIS GUTTRY TO THE POSITION OF THE PLANT ATTENDANT After explanation by Mr. Dolan, General Manager-Chief Engineer, that after notification and acknowledgment of appointment, Mr. Guttry failed to report for work, it was moved by Member Carlson, seconded by Member Boneysteele, that the resolution appointing Dennis Guttry to the position of Plant Attendant be rescinded and a resolution to that effect be adopted. RESOLUTION NO. 78-1, A RESOLUTION RESCINDING RESOLUTION NO. 77-354 Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Campbell, Boneysteele, Carlson and Allan None Rustigian 2. RESCIND RESOLUTION NO. 77-363 APPOINTING RODOLPHO SERVANDE TO THE POSITION OF MAINTENANCE ELECTRICIAN II After explanation by Mr. Dolan, General Manager-Chief Engineer,that after notification and acknowledgment of appointment, Mr. Servande failed to report for work, it was moved by Member Rustigian, seconded by Member Boneysteele, that the resolution appointing Rololpho Servande to the postion of Maintenance Electrician II be rescinded and a resolution to that effect be adopted. RESOLUTION NO. 78-2, A RESOLUTION RESCINDING RESOLUTION NO. 77-363 01 05 78 1195 Motion carried by the following vote: AYES: Members: Campbell, Boneysteele, Carlson and Allan NOES: Members None ABSENT: Member: Rustigian Mr. Dolan, General Manager-Chief Engineer, commented that, as previously discussed with the Board, certain personnel actions could be more efficiently handled by staff rather than relegated to the Board thereby eliminating undesirable delays of time.in the hiring process. President Allan stated that the Board intends to pursue the matter to arrive at a more suitable process. VII. NEW BUSINESS ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING 1. After discussion, it was moved by Member Carlson, 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 No. E. C. Looney, et ux 2972 1 Lincoln Gate Assoc., Ltd. 2941 2 R. W. Jackson, et al 2931 2 Cal vin H. Hall 2893 2 L. B. Nelson Corp. 2267 3 L. B. Nelson Corp. 2267 4 L. B. Nelson Corp. 2267 5 L. B. Nelson Corp. 2267 6 Blaise and Lewis Enterprises 2815 3&4 RESOLUTION NO. 78-3, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM EDWARD C. LOONEY AND LOXI A. LOONEY, DANVILLE AREA, (JOB NO. 2972 - PARCEL NO.1) RESOLUTION NO. 78-4, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM LINCOLN GATE ASSOCIATES, LTD., PLEASANT HILL AREA, JOB NO. 2941, PARCEL NO.2 RESOLUTION NO. 78-5, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM ROBERT W. JACKSON AND ROBERT K. GARDNER, WALNUT CREEK AREA, (JOB NO. 2931 - PARCEL NO.2) RESOLUTION NO. 78-6, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM CALVIN H. HALL AND RITA H. HALL, MARTINEZ AREA, (JOB NO. 2893 - PARCEL NO.2) RESOLUTION NO. 78-7, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM L. B. NELSON CORPORATION, WALNUT CREEK AREA, (JOB NO. 2893 - PARCEL NO.3) RESOLUTION NO. 78-8, A RESOLUTON ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM L. B. NELSON CORPORATION, WALNUT CREEK AREA, . (jOB NO. 2893 - PARCEL NO.4) RESOLUTION NO. 78-9, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM L. B. NELSON CORPORATION, WALNUT CREEK AREA, (JOB NO. 2893 - PARCEL NO.5) RESOLUTION NO. 78-10, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM L. B. NELSON CORPORATION, WALNUT CREEK AREA, (JOB NO. 2893 - PARCEL NO.6) 01 05 78 ,-,._-_._~-_.._------,--,--------,._.._._' --_.",--- 1196 RESOLUTION NO. 78-11, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM BLAISE AND LEWIS ENTERPRISES, WALNUT CREEK AREA, (JOB NO. 2815 - PARCEL NOS. 3&4) Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None 2. EXECUTE LEASE AGREEMENT WITH SOUTHERN PACIFIC TRANSPORTATION CO. FOR THE CROSSING OF OUR DISTRICT SEWERING PROJECT 2856 After discussion, it was moved by Member Carlson, seconded by President Boneysteele, that the President and Secretary be authorized to execute the Lease Agreement with Southern Pacific Transportation Company for the Crossing of our District Sewering Project 2856. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None 3. CONSENT TO JOINT USE OF A PORTION OF EXCLUSIVE EASEMENT WITH CONTRA COSTA COUNTY FOR USE AS DRAINAGE EASEMENT (JOB NO. 1369 - PARCEL NO.4) After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Carlson, seconded by Member Rustigian, that the President and Secretary be authorized to execute a Consent to Joint Use of Exclusive District Easement with Contra Costa County for use as a Drainage Easement (Job No. 1369 -Parcel No.4), Danville Area, and a resolution adopted to that effect. RESOLUTION NO. 78-12, A RESOLUTION AUTHORIZING EXECUTION OF A IICONSENT TO JOINT USE OF EXCLUSIVE DISTRICT EASEMENT WITH CONTRA COSTA COUNTY FOR. USE AS A DRAINAGE EASEMENT (JOB NO. 1369 - PARCEL NO.4) Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None 4. AUTHORIZATION FOR FOUR PARCELS, PA 78-1, DANVILLE, PA 78-2, ALAMO, 78-3, PLEASANT HILL AND PA 78-4, DANVILLE, TO BE INCLUDED IN THE PENDING ANNEXATION TO THE DISTRICT Mr. Dolan, General Manager-Chief Engineer, advised that with the exception of PA 78-3, the proposed parcels for annexation do not raise a significant question of growth to the District. PA 78-3 (currently owned by Shapell Industries consisting of 44.8 acres) was previously owned by the Catholic Church and intended for use as a cemetary. The history of the parcel involves two Local Improvement Districts, both of which provide sewer service to the perimeter of this property. The Church maintained that the property would never be improved, and therefore, capacity was not built into the system and the property was not assessed. Subsequently, the Church sold a portion of the property, which has been resold to Shapell Industries who intend to develop 44.8 acres. Staff has advised Shapell Industries that they would have to make off-site improvements to increase the capacity of the sewer system as a condition of connection. After discussion, it was moved by Member Carlson, seconded by Member Boneysteele, that authorization for PA 78-1, Danville, PA 78-2, Alamo, and 78-4, Danville be approved for inclusion in pending annexations to the District and that PA 78-3, Pleasant Hill area, be approved for 01 05 78 1197 inclusion in the pending annexations to the District with the proviso that Shapell Industries be notified and understand that annexation approval is contingent upon their making the necessary off-site improvements prior to connection. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None A representative of Shapell Industries was in the audience and requested and received clarification of the conditional approval. Two possible alternatives for providing the needed capacity were discussed. The work could either be done by the District or by a contractor working for Shapell. CONSOLIDATION OF SECONDARY WATERSHED PLANS AND INCLUSION OF AREAS NOT WITHIN PRESENT PLANS 5. Mr. Dalton, Deputy General Manager-Chief Engineer, explained to the Board Members the need for expanding the existing adopted secondary watershed plans to cover sub-watershed areas. Should the Board adopt the Consolidation Plan, it would simplify future planning and provide a more uniform and equitable financing base. After further review, it was moved by Member Boneysteele, seconded by Member Carlson, that the Consolidation Plan, as presented, be approved and authorization granted for revisions to be included in a pending Ordinance to revise Chapter 9 of the District Code (Rebate Facilities). Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None 6. REVISION OF DISTRICT CODE, CHAPTER 9, REBATE FACILITIES Mr. Dalton, Deputy General Manager-Chief Engineer, explained that originally recovery amounts due under rebate provisions were limited to 10 years and recently extended to a period of 15 years with a provision of still further extension. The staff is recommending two changes. The first change eliminates any time limit and the second establishes an interest allowance on funds invested in rebate facilities by private installers beginning in the 1978-79 Fiscal Year. The interest allowance would be accompanied by an equivalent increase in rebate charges and be decreased by facility depreciation. After discussion, it was moved by M,ember Boneysteele, seconded by Member Campbell, that the Code changes to Chapter 9, Rebate Facilities be approved and that Ordinance No. 128, an Ordinance Amending Chapter 9 of the District Code, and including a revised secondary watershed list be adopted and that this Ordinance shall be a general regulation of the District and shall be published once in the Contra Costa Times, a newspaper of general circulation in Contra Costa County, and shall be effective upon expiration of the week of publication. ORDINANCE NO. 128, AN ORDINANCE AMENDING SECTIONS OF CHAPTER 9 RELATING TO REBATE FACILITIES AND INCLUDING THE REVISED LIST OF SECONDARY WATERSHED PLANS Motion carried by the following vote: AYES: Members: Campbell, Boneysteele, Rustigian and Allan NOES: Members: Carlson ABSENT: Members: None 01 05 78 1198 7. AUTHORIZATION FOR GAIL KOFF, PERSONNEL OFFICER, TO ATTEND A TWO DAY WORKSHOP IN OAKLAND ON JANUARY 11-12, 1978, CONCERNING IIPOSITIVE APPROACHES TO EMPLOYEE DISCIPLINEII, AT A COST OF $80 Mr. Dolan, General Manager-Chief Engineer, advised that this item is being taken off the agenda due to the postponement of the workshop. REVIEW $6,475.40 EXPENDITURES FROM THE 5A, PHASE I, CONSTRUCTION ACCOUNT AND AUTHORIZE THE REIMBURSEMENT OF THIS SUM TO THE CONSTRUCTION ACCOUNT 8. Mr. Dolan, General Manager-Chief Engineer advised that at the meeting of November 22, 1977, the Board authorized the establishment of a $50,000 Construction Account for unplanned capital expenditures connected with start-up of the Water Reclamation Project. After discussion, it was moved by Member Rustigian, seconded by Member Carlson, that expenditure of $6,475.40 from the 5A, Phase I Construction Account be approved and that the said account be reimbursed by that amount. AYES: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan NOES: Members: None ABSENT: Members: None AUTHORIZE $1,800 FOR THE PURCHASE OF FOUR MICROWAVE OVENS 9. After explanation by Mr. Dolan, General Manager-Chief Engineer, that ovens are needed at various stations throughout the Water Reclamation Plant for lunch preparation by continuous duty operating personnel, it was moved by Member Rustigian, seconded by Member Campbell, that authorization of $1,800 for the purchase of four microwave ovens be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None President Allan advised that in purchasing the ovens, close attention should be paid to the durability of the units and that Underwriters Laboratory Approval doesn't alway apply to the entire unit. 10. AUTHORIZE ADDITIONAL $1,489.90 FROM SEWER CONSTRUCTION FOR THE PURCHASE OF MANHOLE RISER RINGS In February, 1976, the Board authorized $6,500 for the purchase of 135 manhole riser rings. A major price increase went into effect before delivery of the rings resulting in a total cost increase of $1,480.09. After discussion, it was moved by Member Rustigian, seconded by Member Carlson, that authorization for $1,480.09 from the Sewer Construction Fund to balance and close out the account for the purchase of manhole riser rings be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None 11. AUTHORIZE RENTAL OF MOBILE OFFICE TO EXPAND OFFICE SPACE Mr. Dolan, General Manager-Chief Engineer, explained thðtdue to recent increase in staff personnel, additional office space is needed immediately. Staff is now working on a preliminary study for expansion of the District Office Building as per Board authorization of October 6, 1977 and will present its recommendations to the Board in the near future. 01 05 78 1199 However, in the interim, it is imperative that office space be made available for the Personnel Officer and Senior Engineer. Possibly, either of these two people, or both, may be located in the present lunch room and the lunch room could be housed in the trailer. After discussion, it was moved by Member Boneysteele, seconded by Member Rustigian, that authorization to rent a mobile office trailer for one year be approved along with the necessary furniture and equipment and to provide office space for the Personnel Officer and Senior Engineer at an estimated cost of $8,500. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan Members: None Members: None AUTHORIZE $206.31 TO BALANCE AND CLOSE ACCOUNT FOR DISTRICT SEWERING PROJECT 2338, MUTH DRIVE RELOCATION 12. After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Carlson, seconded by Member Rustigian, that authorization to transfer $206.31 from the Sewer Construction fund to balance and close the account for DSP 1338, Muth Drive location be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None 13. CLAIM OF MR. JOHN H. EVERETT, 3 CHARLES HILL LANE, ORINDA, FOR $101.85 IN PROPERTY DAMAGE After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Carlson, seconded by Member Rustigian, that authorization to pay the claim of Mr. John H. Everett, 3 Charles Hill Lane, Orinda, in the amount of $101.85 in property damage be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None CLAIM OF WARREN G. SANFORD, 227 LA ESPIRAL, ORINDA FOR $114 IN SEWER CLEANING BILL 14. Mr. Dolan, General Manager-Chief Engineer, explained that upon conferring with Mr. Hinkson, Manager-Maintenance Department, it was determined that since the overflow in the Sanford residence is much higher than our structure within three feet of the Sanford connection, it seems impossible for the stoppage to have been in the mainline, therefore, the problem must be in the side sewer and staff recommends to deny the cl aim. After discussion, it was moved by Member Carlson, seconded by Member Boneysteele, that the claim of Warren G. Sanford in the amount of $114 for sewer cleaning bills be denied. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, boneysteele, Rustigian, Carlson and Allan None None 15. CLAIM OF RALE1GH E. ROSE, 2496 LARKEY LANE, WALNUT CREEK FOR $178 IN PROPERTY DAMAGE After explanation by Mr. Dolan, General Manager-Chief Engineer, it 01 05 78 1200 was moved by Member Rustigian, seconded by Member Campbell, that authorization to pay the claim of Mr. Raleigh E. Rose, in the amount of $178 in property damage be approved. Motion carried by the following vote: AYES: NOES: ABSENT: ~1E:l1Jbers : Ç~Jl)RQen ,Ru~t i gj.iin ,aodA llan Members: Boneystéele ana Carlson Members: None 16. CLAIM OF MR. DAVE DEL POZO, 3013 MONROE COURT, ANTIOCH, (61 WATKINS LANE) ~$3,300 PERSONAL INJURY After explanation by Mr. Dolan, General Manager-Chief Engineer, that Mr. Del Pozo claims to have been injured on a depressed structure in Watkins Lane, and discussion by the Board, it was moved by Member Carlson, seconded by Member Rustigian, that the claim of Mr. Dave Del Pozo in the amount of $3,300 for personal injury be denied and referred to the District's insurance carrier. Motion carried by the following vote: AYES: NOES: ABSTAINING: ABSENT: Members: Members: Member: Members: Campbell, Carlson, Rustigian and Allan None Boneysteele None 17. PERSONNEL - PLANT OPERATIONS a. AUTHORIZATION TO ESTABLISH AN ELIGIBILITY LIST FOR PLANT OPERATOR I b. AUTHORIZATION TO ESTABLISH AN ELIGIBILITY LIST FOR PLANT OPERATOR II After explanation and discussion, it was moved by Member Carlson, seconded by Member Rustigian, that eligibility lists for Operator I and Operator II be approved and respective resolutions adopted. RESOLUTION NO. 78-13, RESOLUTION ESTABLISHING AN ELIGIBILITY LIST FOR OPERATOR I RESOLUTION NO. 78-14, RESOLUTION ESTABLISHING AN ELIGIBILITY LIST FOR OPERATOR II Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None 18. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. 19. INFORMATION 1974 SERVICE CONTRACT WITH THE CITY OF CONCORD Board Members reviewed and discussed the City of Concord 1974 contract tabulation for sharing capital costs of commonly used facilities. This item was presented for information and no Board action was required. VII I. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a) Mr. Dolan advised that the District's practice, at this time, is to make step adjustments in January and July. Staff would like to propose in a position paper to be submitted later this month, that the increases be based on the anniversary date of the completion of the 01 05 78 1201 employees probation. The Personnel Officer would maintain the records and inform the Accounting Division of authorized step changes. It was requested of the Board that they indicate whether they felt that these step increases should become Board agenda items or do they wish to delegate the approval to the staff. It was the consensus of the Board that the staff should handle the approval of the step increases directly. b) Staff is requesting that Brown and Caldwell give a presentation at the meeting of January 26,1978 regarding recommendations resulting from their $13,000 study on the Secondary Power Source at the Treatment Plant. The tentative recommendation is to not proceed with the proposed $500,000 secondary power source, but rather to develop a $300,000 secondary power system. c) Acme Fill has submitted a bill for $33,000 for underpayment of sludge disposal. Mr. Dolan suggested that perhaps Acme Fill would be amenable to negotiation. It was the consensus of the Board that Mr. Dolan and Mr. Carniato, District Counsel, be authorized to negotiate with Acme Fill in this matter. d) Mr. Dolan informed the Board that he met with Mr. Henry Hyde of the Wastewater Solids Study wherein they discussed the scope and the progress of the 5B-II Project. He explained that it could be a two stage project where the first stage would be just large enough to handle our sludge disposal problem; the second phase would provide an energy system. He will keep the Board advised of further developments. e) Mr. Dolan advised the Board that as this year's president of the CWPCA, he has the responsibility of installing new officers. This requires travelling to several meetings throughout California. Since this organization acts collectively for the whole wastewater industry, Mr. Dolan is requesting Board's sponsorship in this matter. Board Members were in full agreement to participate in Mr. Dolan's expenses incurred in the execution of his CWPCA duties. f) Mr. Dolan reported that as a result of an audit conducted by the State Comptroller for 5A-Phase I, a question was raised as to the possible overpayment to Brown and Caldwell in the amount of $200,000-$300,000. Brown and Caldwell claims that is not an overpayment. Staff is withholding further payments to Brown and Caldwell until this is resolved and will report findings to the Board. g) In July of 1977, the Board recommended rate increases for garbage collectors and at that time proposed that staff conduct an audit of the franchisees. This work was started in October of 1977. Mr. Ronald Reagan of the District's Accounting Division, discussed two of the franchise audits, Orinda-Moraga and Lafayette. He explained that this was not strictly an audit but more of a test of the figures submitted to the District by the franchisees. Mr. Reagan was of the opinion that, on the whole, the figures were in line but recommended that the District require certified audits from all the franchisees for all future. rate increases. To date, only Orinda-Moraga provides a certified audit. h) Mr. Dolan directed the Board's attention to the new calendars in the Board Members books showing the tentative scheduling of business for the first quarter. Member Rustigian advised the Board that he would be unable to attend the CASA meeting at Indian Wells later this month. 2.. COUNSEL FOR THE DISTRICT Mr. Carniato advised the Board that the January 12, 1978 meeting has been scheduled to discuss matters pertaining to Peterson/Simpson and Fred J. Early litigations. 01 05 78 1202 01 3. SECRETARY None. 4. COMMITTEES None. IX. MATTERS FROM THE FLOOR None. X. ADJOURNMENT At 10:55 P.M., President Allan adjourned the meeting to January 12, 1978. u¿~ President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secr ary of the strict Board of the Ce ral Contra Costa Sanitary District, County of Contra Costa, State of California 05 78