HomeMy WebLinkAboutBOARD MINUTES 04-06-78
1260
MINUTES OF A REGULAR BOARD MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD APRIL 6, 1978
The District Board of the Central Contra Costa Sanjtary 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 April 6,1978 at 7:30 P.M.
President Allan requested the Secretary of the District to call
roll.
I.
ROLL CALL
PRESENT: Members:
Campbell, Boneysteele, Rustigian, Carlson and Allan
ABSENT:
Members:
None
II.
APPROVAL OF MINUTES
1.
MINUTES OF MARCH 16, 1978
It was moved by Member Boneysteele, seconded by Member Carlson,
that the minutes of March 16, 1978 be approved as presented. Motion
carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
III.
APPROVAL OF EXPENDITURES
It was moved by Member Carlson, seconded by Member Rustigian, that
the expenditures for SIC Voucher Nos. 3249 through 3258, together with
Voucher Nos. 313 through 325 inclusive; Running Expense Voucher Nos.
3206 through 3467 together with Voucher Nos. 3473 through 3608 inclusive;
and Payroll Voucher Nos. 2001 through 2189 inclusive, be approved.
Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
The improved format for expenditure review was mentioned.
IV.
HEARINGS
P. A. 78-13, LAKE ORINDA HIGHLANDS
1.
President Allan opened the Hearing regarding the requested annexation
and extension of sanitary sewers to the Lake Orinda Highlands area of
Orinda and indicated procedure. He also acknowledged correspondence
from the following listed property owners of the area expressing their
views concerning the annexation.
1. Robert I and Ruth A. Crupe
2. William H. and Mary Anne Wallace
3. Roland C. Nunn
4. L. H. MacDonald
5. K. M. Thomas
6. Arthur B. Irwin
7. Glenn T. and Helen L. Seaborg
8. Nancy Stickel
9. Emilio Segre
10. Lawrence B. Karp
11. Fred A. Gi 11
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1261
12.
13.
14.
15.
16.
17.
18.
Fern and Louis Banning
John L. Hampton
John C. Nickel
Leonard Roth, M.D.
Irene Yee
John A. and Selma Cronin
John J. and Ruth Cassady
Mr. Dolan, General Manager-Chief Engineer, was introduced to give
opening remarks and he requested that those persons wishing to address
the Board fill out the cards provided by staff.
Mr.Do1an, General Manager-Chief Engineer, referred to Mr. Dalton,
Deputy General Manager-Chief Engineer, to review the history surrounding
the proposed annexation. Mr. Dalton stated that in 1970, the Contra
Costa Health Department ordered a moratorium on all building in this
area that would depend on a septic tank system. As a result, some of
the residents had attempted to form a Local Improvement District for the
installation of sewers in the area, but the proposal failed. In 1977
generally the same area presently under consideration was presented for
annexation, but was subsequently withdrawn by the owner due to anticipated
opposition. Last month Mr. Brian Thiessen petitioned to have the subject
area, (P.A. 78-13) annexed to the District. East Bay Municipal Utility Dis-
trict:is interested in having sewers extended into this area because they
have conducted a study and found that septic tank effluent from this area
is reaching the San Pablo Reservoir. The State Water Resource Control
Board and the Contra Costa County Health Department are also urging the
extension of sanitary sewers into this area. With this history of problems
in the area, the District Board of Directors had ordered this public hearing
to fully expose all issues involved in the annexation proposal.
There being no questions from the Board at this time, President
Allan continued the Hearing by calling on Mr. Thiessen.
~1r. Thiessen stated that the subdivision and development of this
area was approved years ago and those who built homes prior to 1970 were
permitted to construct homes with septic tanks. However, due to septic
tank failures in the general area, in 1970 the Contra Costa County
Health Department issued a moratorium on septic tank installations in
the area requiring that any future construction be connected to a sanitary
sewer system.
As a result, the majority of the home owners opposed connecting to
a sewer and thereby prevented any development. Mr. Thiessen then proceeded
to contact other lot owners and it was determined that the cost to build
a private sewer line would be prohibitive. Therefore, he would like the
sewer line extended thereby enabling the lot owners to connect and build
their homes. He stated that he has the support of the Hacienda Homeowners
as well as the Contra Costa County Health Department.
A member of the audience asked if the District wouldn1t require
easements from several properties downstream of the proposed annexation
to reach an existing sewer. Mr. Carniato, District Counsel, advised
that this Hearing is solely to determine whether or not to annex the
property. The issue of where the sewer goes is not pertinent to the
Hearing. While not a matter of law, should the Board allow consideration
as to how an area is sewered, where the line goes, etc., it might cast
an unnecessary shadow on the Board's decision.
President Allan and Board Members were in agreement that as long as
it is not improper, they would consider all the merits of the annexation.
Mr. Ted Gerow, Contra Costa County Health Department, stated that
he was familiar with problems of the area and has frequently responded
to septic tank spillover complaints. He reviewed the situation as
previously discussed and indicated he was there to answer any questions.
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1262
Discussion followed, after which President Allan called on property
owners who wished to speak in regard to the annexation.
Mrs. Fern Banning, 3751 Rockville Rd., Sui sun - Mrs. Banning owns a
lot in the area and has not been able to build because of the moratorium.
She is in support of the annexation.
John Frampton - 431 Lomas Cantadas, Orinda - Passed
L. B. Karp, 354 El Toyonal, Orinda - Passed
Carol Karp - 354 El Toyonal, Orinda - Mrs. Karp was a representative
of the Orinda Association and also is a homeowner in the vicinity of the
proposed annexation. She submitted a petition to the Board with 165
signatures opposing the annexation and brought out the fact that no EIR
reports have been made and also that El Toyonal is too narrow to bear
any more traffic. Mrs. Karp added that the Orinda Association is concerned
that the District has the power to develop this property without understanding
the implications. In answer to Board query, Mrs. Karp stated that she
was not appearing on behalf of the Orinda Association, but on behalf of
Lake Orinda Highlands Homeowners and was against the annexation.
There was some controversy as to whether or not she actually represented
the Lake Orinda Highlands Homeowners.
Duane Norgren - 5 Lomas Cantadas, Orinda - Mr. Nordgren was concerned
about IIpiece meal II annexation, and that the cost of sewering would be
prohibitive.
R. C. Nunn - 23 Las Piedras, Orinda - Mr. Nunn opposed any IIpiece
mea111 development and is concerned over the impact the sewer1ine would
have on adjacent properties. He opposed the annexation.
A. A. Pennebaker - 335 El Toyonal Rd., Orinda - Passed
Alan Schuyler - 2 Camino Del Diablo, Orinda - Mr. Schuyler opposed
the annexation because he believea it would lead to further development.
Nancy Stickel - 29 Las Piedras, Orinda - Ms. Stickel stated the
concern over piecemeal annexation was unrealistic. Ms. Stickel was in
favor of the annexation.
Louis N. Banning - 3751 Rockvi11e Rd., Suisun - Mr. Banning, whose
wife owns a lot in the area, supported the annexation.
Forrest Buchtel - 14 Las Piedras, Orinda - Mr. Buchtel was not in
favor of development, however, if he owned one of the undeveloped lots,
he would have to say he would favor the annexation.
Robert Marshall - 225 El Toyonal, Orinda - Mr. Marshall does not
find anything wrong with the septic tank system and opposed the annexation.
Stuart Proffitt - Mr. Proffitt does not have a failing septic tank
system. Should a line come in, he does not want the Health Department
condemning his tank. Those people who want sewers should be responsible
for the sewer1ine and future connections should not have to pay a share
of the costs.
Member Carlson requested that Mr. Dolan, General Manager-Chief
Engineer, explain the District1s rules and regulations pertaining to
sewerlines.
Mr. Dolan explained stating that the District has an Ordinance
governing rabate line procedure and it would not be suitable to adopt
another Ordinance.
He also stated in response to complaints about notice of Hearing,
that adequate notice in regard to the annexation had been given and a
display ad placed in the Orinda Sun. There is actually no requirement
to hold a Hearing, but this Hearing was ordered by the Board to make
certain that opinions of interested owners in the area were heard.
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Mr. John Frampton passed again.
L. B. Karp - 354 El Toyonal, Orinda - Mr. Karp stated that the
proponents for the annexation should have made the annexation proposal
as a total unit of the area. However, he understands that the lines at
the Orinda Pump Station are already running to capacity. He opposes the
annexation.
Mr. Penneybaker was called a second time, but he did not respond.
Ken Thomas - 364 El Toyonal, Orinda - Mr. Thomas opposed the
annexation.
Allan Walker - 3162 Lucas Drive, Lafayette - Mr. Walker supported
the annexation.
Mr. Mauss - (no address given) - Mr. Mauss opposed the annexation.
Discussion followed wherein several pèople questioned the configuration
of the annexation boundary, namely the funnel (roadway connecting properties
to the existing boundary). Staff explained that the funnel is not
critical to the area proposed for annexation. It is merely a connecting
corridor making the proposed area contiguous to the Sanitary District
boundaries.
Mr. Dolan, General Manager-Chief Engineer, explained the rebate
policy to the public.
After further discussion, Mr. Thiessen summed up his argument for
annexation.
President Allan closed the Hearing and the Board made its comments.
Member Campbell stated that it appeared in this issue the right of
the minority should rule over the objection of the majority. He also
indicated that he did not see the District in the role of a IIland use
bodyll.
Member Boneystee1e stated that he was sympathetic with the plight
of some of the people in the audience. He expressed concern that some
of the same issues now before the Board are those that led to the
decision of 1970. He also expressed concern over the fact that a large
number of septic tanks in the area are considered to be failing and
if there is a sewer in the area, the tanks would be condemned and
ordered to annex to the District by duress.
Member Rustigian commented that those people who built their homes
before the moratorium have been able to enjoy their property, while
those who did not, still have to pay their taxes and share in the responsibilities,
etc., but cannot build on their lots. Some of the arguments concerning
potential costs are true, but there is no way of getting around cost
sharing in this type of project.
Member Carlson stated that there is a possibility of about ten
vacant lots in the general area to be annexed. He could not see where
this amount of development would seriously affect the traffic in the
area.
President Allan thanked the Board Members for their comments and
expressed his concern over the fact that EBMUD had found effluent coming
into the San Pablo Reservoir. He commented that the area would eventually
be sewered and that in turn would enhance the property value.
After further discussion, it was moved by Member Campbell, seconded
by Member Rustigian, that P. A. 78-13, Lake Orinda Highlands area,
Orinda, be approved for pending annexation to the District and extension
of sanitary sewers into the area be approved. Motion carried by the
fo 11 owi ng vote:
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1264
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
At 10:10 p.m., President Allan recessed the meeting.
At 10:20 p.m., President Allan reconvened the meeting.
None.
1.
v.
BIDS
VI.
OLD BUSINESS
APPROVAL OF PLANS AND PROJECT MANUAL (SPECIFICATIONS) AND AUTHORIZATION
TO ADVERTISE FOR BIDS FOR DSP 2814, RELOCATION 39" LINE C,
(STATE HIGHWAY SEWER RELOCATION), PACHECO AREA
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 the plans and project
manual for DSP 2814 and that an advertisement for bids be placed in the
Contra Costa Times. Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
2.
FINANCIAL PLAN UPDATE
Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
Mr. Dalton, Deputy General Manager-Chief Engineer, explained that
the State may require the District to supply a financial plan in order
to complete project application form for 58-I. After the election of
June 6, 1978 we will need a new financial plan irrespective of the
outcome of the Jarvis-Gann initiative. Mr. Dalton is also requesting
Board authorization for Bartle-Wells to review this plan and advise what
approach should be taken if the Jarvis-Gann initiative passes.
After discussion, it was moved by Member Boneysteele, seconded by
Member Rustigian, that the Financial Plan Update be approved and that
Bartle Wells be retained to review the plan and advise staff. Motion
carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
1.
Campbell, Boneystee1e, Rustigian, Carlson and Allan
None
None
VI I.
NEW BUSINESS
AUTHORIZATION FOR ONE PARCEL, PA 78-17, WALNUT CREEK AREA, TO BE
INCLUDED IN PENDING ANNEXATIONS TO THE DISTRICT
After explanation by Mr. Dolan, General Manager-Chief Engineer, it
was moved by Member Boneystee1e, seconded by Member Rustigian, that
authorization for P.A. 78-17, Walnut Creek area, to be included in
pending annexation to the District be approved. Motion carried by the
fo 11 owi ng vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Boneystee1e, Rustigian, Carlson and Allan
None
None
2.
AUTHORIZATION OF $35,000 FOR OFFICE AND CONFERENCE ROOMS AT THE
WATER POLLUTION CONTROL/RECLAMATION PLANT
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1265
Mr. Dolan, General Manager-Chief Engineer, explained that the pending
litigation concerning the Water Pollution Control/Reclamation Plant,
has created a need for office and conference facilities at the plant for
use by District and legal personnel. The improvements would be most
advantageous to the District because they provide good facilities on the
job site with a high level of security and would be very useful to plant
administration in the future.
After discussion, it was moved by member Boneysteele, seconded by
Member Campbell, that authorization not to exceed $35,000 for development
of additional offices and conference room at the Water Pollution
Control/Reclamation Plant be approved. Motion carried by the following
vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
AUTHORIZE $7,000 TO COVER THE COST OF SEAL COATING VARIOUS ROADS
DISTURBED BY DISTRICT CONSTRUCTION AND MAINTENANCE PROJECTS
3.
Mr. Dolan, General Manager-Chief Engineer, explained that in the
past, the County included the District in their scheduled seal coating
program, and staff has requested the County to once again include the
District in their project.
After discussion, it was moved by Member Rustigian, seconded by .
Member Carlson, that authorization of $7,000 to cover the cost of seal
coating various disturbed roads in the District be approved. Motion
carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
t~embers :
Members:
Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
4.
BAY AREA POLLUTION CONTROL DISTRICT VIOLATIONS, NOTICES NOS. 6648 & 6649
Mr. Carniato, District Counsel, explained that these are two smoke
plume violations resulting from an improper mixture of fuel and air in a
steam boiler. There is a meeting scheduled with the Bay Area Air Pollution
Control District on Tuesday at 10:00 a.m., at which time the contents of
these violations will be discussed.
Mr. Dolan advised that there will be three items on the agenda for
that meeting: (1) permit for 5B-II project; (2) A review of what is
needed to obtain a permit to operate the new 5A-I facilities to which we
have received a permit to construct; and (3) analysis of the enforcement
actions taken against Central San.
After discussion, it was moved by Member Carlson, seconded by Member
Rustigian, that authorization to pay the Bay Area Air Pollution Control
District $450 for Violation Notices Nos. 6648 and 6649 beappoved. Motion
carried by the following vote: .
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Boneystee1e, Rustigian, Carlson and Allan
None
None
5.
PERSONNEL
PLANT OPERATIONS
APPOINTMENT OF DONALD MOSES TO THE POSITION OF MAINTENANCE
SUPERINTENDENT, RANGE 77-A, $1,843, EFFECTIVE APRIL 17, 1978
a.
Member Boneysteele advised that he had discussed this matter by
telephone with Mr. Dolan, General Manager-Chief Engineer.
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Mr. Dolan stated that after review of the candidate's qualifications,
the recommendation was to select the No.2 person on the Eligibility List
to fill the position. This matter has gone to the Employees' Association
and Mr. Jack Case, President, is prepared to present the Association1s
position prior to a decision by the Board.
Mr. Niles, Manager-Plant Operations, distributed additional information
to the Board and explained that the person filling the position of
Maintenance Superintendent, has to understand machinery maintenance,
electronics and steam turbines, all of which require high capabilities.
The position requires ten years of Journeyman level and three years of
supervisory experience. Of the top three candidates, one has no electronic
experience, another is a journeyman electrician and Mr. Moses (No.2)
possesses all the requirements and has steam experience.
President Allan called on Mr. Case to make his presentation, who
passed out a letter drafted by the Employees' Association. He pointed
out that the Association had not been apprised of all the information
available to management and that the letter was written on the basis of
the information contained in the position paper.
President Allan pointed out that the Association letter implies that the
Board should select the top man, which would reduce appointments to the
rule of one; whereas the norm is the top three - irrespective of their
scores. As a Board, we cannot remove that. responsibility from the Manager.
Mr. Case replied that the Association is not trying to change this
procedure. Board discussion followed.
Member Boneystee1e queried as to what standard is used for having
straight promotional examinations as opposed to open examinations.
Mr. Dolan, General Manager-Chief Engineer, explained that the District
Code provides for no promotional preference or no promotional examination.
However, the District has a precedent of many years which allows for
promotional examinations and promotions. Mr. Dolan indicated he will go
along with promotional examinations, except where there are less than
five District people qualified for the examination. This Maintenance
Superintendent position was not a promotional situation bècause ~e did
not have five qualified District employees.
After further discussion, it was moved by Member Campbell, seconded
by Member Boneysteele, that Donald Moses be appointed to the position of
Maintenance Superintendent, Range 77-A, $1,843, effective April 17, 1978
and a resolution adopted to that effect.
RESOLUTION NO. 78-97, A RESOLUTION APPOINTING DONALD MOSES
TO THE POSITION OF MAINTENANCE SUPERINTENDANT
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Campbell, Boneysteele, Rustigian, Carlson and Allan
None
None
Mr. Dolan, General Manager-Chief Engineer, remarked that the two
District Employees on the Eligibility List are excellent in their field
and this in no way indicates any 1àck of confidence in their performance
for the District.
6.
ADDITONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA
None
VIII.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
a.
Mr. Dolan reported that Governor Brown had toured the Plant on
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April 4 and was quite impressed. This tour had been set up through the
efforts of Senator Nejed1y. Mr. Dolan reported that he had discussion
with Mr. Jack Winning of Contra Costa Times to familiarize him with the
responsibilities and activities of Central San.
b. Mr. Dolan discussed arrangements for the CASA meeting at Lake
Tahoe on May 12-13, 1978.
c. Mr. Dolan advised that John Bohn1s contract with the District
was about to expire and wanted Board direction as to Mr. Bohn's
respensibilities of the Solid Waste Management Board.
PresideDt Allan requested that this be discussed in Executive Session.
At 11:45 p.m., President Allan declared an Executive Session to
discuss the expiration of John Bohn's contract with the District.
At 12:20 a.m., President Allan closed the Executive Session and
reconvened the meeting.
As a result of discussion in Executive Session, it was the consensus
that staff and District Counsel discuss with Mr. Bohn the most suitable way
to be represented on the Solid Waste Mangement Board.
2.
COUNSEL FOR THE DISTRICT
None.
3.
SECRETARY
As a result of previous queries, Mr. Hopkins gave Member Boneysteele
and other members of the Board a copy of the dental plant deductible
provision and explained that the deductible is per family per year.
4.
COMMITTEES
None
IX.
MATTERS FROM THE FLOOR
a. Several Board Members indicated they would be unable to attend
the Plant Tour on Saturday. It was therefore rescheduled for April 29,
at 9:00 a.m.
b. Interviews of architects for the proposed office building will
begin Friday, April 7, at 8:15 a.m. President Allan and Member Carlson
will constitute a committee to review the applications of candidates
selected by the Interviewing Board.
X.
ADJOURNMENT
At 12:27 a.m., President
Allan adjourned the meeting.
~e:~f the
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
,/
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