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HomeMy WebLinkAboutBOARD MINUTES 04-27-78 1268 MINUTES OF A REGULAR RESCHEDULED BOARD MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT APRI L 27, 1978 The District Board of the Central Contra Costa Sanitary District convened in a Regular Rescheduled Board Meeting at its regular place of meeting, 1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on April 27, 1978, at 7:30 P.M. President Allan requested the Secretary to call roll. I. ROLL CALL PRESENT: Members: ABSENT: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None II. APPROVAL OF MINUTES After discussion, it was moved by Member Carlson, seconded by Member Rustigian, that the minutes of March 30, 1978 be approved with the following additions and correction: Under II VII I. REPORTS, 2. COUNSEL FOR THE DISTRICT, a. II, change the second paragraph to read as follows: liThe other alternative being held in abeyance by Valley Disposal and Oakland Scavenger, is that Peg McElligott and I develop a statement of facts and ask County Counsel as to whether Oakland Scavenger has any rights at all.1I Under IIIX. MATTERS FROM THE FLOOR, C.II, in the second paragraph, first sentence, delete the phrase lIand also toll. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None I I I. APPROVAL OF EXPENDITURES It was moved by Member Rustigian, seconded by Member Carlson, that the expenditures for Sewer Construction Voucher Nos. 3261 through 3276 inclusive and Voucher No. 326; Running Expense Voucher Nos. 3468 through 3472 Voucher Nos. 3609 through 3717 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. VI. OLD BUSINESS 1. SELECTION OF ARCHITECT FOR NEW OFFICE BUILDING (8:00 P.M.) President Allan requested that the Board delay the interviewing procedure of the architects until the designated time of 8:00 P.M., and proceed to the other agenda items. 04 27 78 1269 VII. NEW BUSINESS After discussion, it was moved by Member Boneystee1e, seconded by Member Carlson, that the easements. as listed below. be accepted at no cost to the District and that respective resolutions be adopted and their recording authorized. Grantor Job No. Parcel No. City of Walnut Creek 2946 2 D. F. Buran 3014 7 Margorie Blaney 3009 1 Julianne M. Howe, Francis M. Howe and Charlene B. Howe 2651 Misc. Mason-Williams Dev., Inc. 2855 2 RESOLUTION NO. 78-98, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM CITY OF WALNUT CREEK, WALNUT CREEK AREA, JOB NO. 2946, PARCEL NO.2 RESOLUTION NO. 78-99, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM D. F. BURAN, ALAMO AREA, (JOB NO. 3014, PARCEL NO.7) RESOLUTION NO. 78-100, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM MARGORIE BLANEY, ORINDA AREA, (JOB NO. 3009, PARCEL NO.1) RESOLUTION NO. 78-101, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM JULIANNE M. HOWE, FRANCIS M. HOWE AND CHARLENE B. HOWE WALNUT CREEK AREA, (JOB NO. 2651, PARCEL MISC.) RESOLUTION NO. 78-102, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM MASON-WILLIAMS DEVELOPMENT INC., A CALIFORNIA CORP., ORINDA AREA, (JOB NO. 2855, PARCEL NO.2) Motion carried by the following vote: AYES: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan NOES: Members: None ABSENT: Members: None AUTHORIZE EXECUTION OF CONSENT TO DEDICATION TO CONTRA COSTA COUNTY, JOB NO. 1583, PARCEL 33, ALAMO 2. After discussion, it was moved by Member Carlson, seconded by Member Rustigian, that the President and Secretary be authorized to execute a Consent to Dedication to Contra Costa County for Hil1grade Avenue, Job No. 1583, Parcel No. 33, Alamo Area, and a resolution be adopted to that effect. RESOLUTION NO. 78-103, A RESOLUTION AUTHORIZING EXECUTION OF CONSENT TO DEDICATION TO CONTRA COSTA COUNTY FOR HILLGRADE AVENUE, ALAMO AREA, JOB NO. 1583. PARCEL NO. 33 Motion carried by the following vote: AYES: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan NOES: Members: None ABSENT: Members: None 3. PERSONNEL ENGINEERING a. APPOINTMENT OF RONALD S. KLIMCZAK TO THE POSITION OF ASSOCIATE ENGINEER, RANGE 77-A, $1,843, EFFECTIVE 5/1/78 TO ENGINEERING DEPARTMENT 04 27 78 1270 Mr. Dolan, General Manager-Chief Engineer, advised that there was an Associate Engineer position authorized at the plant and the two persons preceding Mr. Klimczak on the Eligibility List for the position of Associate Engineer, Plant Operations, had declined the position. The position was then offered to and accepted by Mr. Jack Case, Associate Engineer of our Engineering Department, on a lateral transfer basis, This created a vacancy in the Engineering Department. Mr. Klimczak was subsequently interviewed by the Engineering staff and has accepted the position of Associate Engineer in the Engineering Department. After discussion, it was moved by Member Boneysteele, seconded by Member Campbell, that Mr. Ronald S. Klimczak be appointed to the position of Associate Engineer, Range 77-A, $1,843, effective May 1, 1978 and that a resolution be adopted to that effect. RESOLUTION NO. 78-104, A RESOLUTION APPOINTING RONALD S. KLIMCZAK TO THE POSITION OF ASSOCIATE ENGINEER Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneystee1e, Rustigian, Carlson and Allan None None AUTHORIZE $13,000 FOR DESIGN AND CONSTRUCTION OF A 6-INCH SEWER ALIGNMENT THROUGH LOT 24, ORINDA ESTATES - DISTRICT SEWERING PROJECT 3039 4. Staff explained that at the time of design and construction, this property was owned by PG&E and the right-of-way acquired and accepted by the District was revocable. PG&E subsequently sold the property and the present owner plans to develop the property. The proposed development encroaches on the existing sewer and right-of-way to the extent that the sewer will be unmaintaina1be. District Counsel has reviewed the matter and has determined that the District should be responsible for relocation of the sewer in exchange for an exclusive easement in the new location. Board Members expressed concern over the cost of this project. Mr. Carniato, District Counsel, explained that in the 19501s, the District policy for acquiring rights-of-way differed from that of today. At that time rights-of-way acquired by the District from PG&E were generally revocable, whereas, today this practice would be unacceptable. The present alternatives are: abandon the line, which is not feasible due to upstream connections; relocate the line to avoid the proposed development; or condemn a permanent easement for the existing line. After discussion, Member Carlson moved that authorization of $13,000 for design and construction of a 6-inch sewer realignment through Lot 24, Orinda Estates, DSP 3039, be approved. Motion failed for lack of a second. Member Rustigian suggested that staff might investigate the possibility of leaving the pipe in place, with the intention of relocating at a later date as may become necessary. Member Boneysteele commented that since this is a revocable right-of-way granted by PG&E, it is a public utility problem and the District should not assume the responsibility for relocating the sewer1ine. Mr. Dolan, General Manager-Chief Engineer, suggested that the Board might approve the relocation and obtaining a new easement subject to the er discussion, it was moved by Member Carlson, seconded by Member Rustigian, that staff be directed to investigate the possibility of leaving the pipe in place and negotiate with the property owner for conditions to maintain the sewer at its present position or to provide for a future change of location within a new easement. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Carlson and Rustigian Boneysteele and Allan None 04 27 78 1271 5. AUTHORIZATION FOR ATTENDANCE TO CONTRA COSTA AREA INDUSTRIAL SAFETY CONFERENCE - REGISTRATION FEES $200 After discussion, it was moved by Member Boneysteele, seconded by Member Carlson, that authorization for eight Maintenance Department employees, Treatmentment Plant employees and two Engineering Department emp1oyeesbe authorized to attend the Safety Conference in Concord on May 3,1978 at a total registration cost of $200. Motion carried by the fo 11 owi ng vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneystee1e, Rustigian, Carlson and Allan None None 6. AUTHORIZE $6,000 EXPENDITURES FROM 5A, PHASE I CONSTRUCTION ACCOUNT Mr. Dolan, General Manager-Chief Engineer, requested that this item be held over until the meeting of May 4, since the cost figures were not fi rm. President Allan requested that the Board revert to IIVI OLD BUSINESSII Item 1. VI. OLD BUSINESS 1. SELECTION OF ARCHITECT FOR NEW OFFICE BUILDING (8;00 P.M.) President Allan introduced the architects from the three architectural firms selected by the Interviewing Committee on April 7,1978. The firms selected were as follows: Ishimaru, 0lNei11 and Simmons Hardison and Komatsu Mackinlay, Winnacker and McNeill President Allan related to the Board Members the procedure used in determining the selection of the three firms. Board Members queried them at length regarding various structures, scope of work, fees, handling of mechanical consultants, sub-contractors, staff/architect accessibility, energy conservation and other pertinent factors. At the conclusion of the interview session, it was moved by Member Carlson, seconded by Member Rustigian, that the architectural firm of Mackin1ay, Winnaker and McNeil be selected to design the new District Administration and Engineering Office Building. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None President Allan thanked the three architectural firms for appearing before the Board. Member Rustigian complimented the Interviewing Committee on the expertise it demonstrated in the selection of architectural firm candidates. At 9:36 P.M., President Allan recessed the meeting. At 9:43 P.M., President Allan reconvened the meeting and reverted to the order of the agenda. VII. NEW BUSINESS 7. APPOINTMENT OF DISTRICT REPRESENTATIVE TO THE COUNTY SOLID WASTE COORDINATING BODY After discussion, it was the consensus of the Board to defer action 04 27 78 1272 on this matter until the meeting of May 4. 8. APPROVAL OF BILLS FOR LITIGATION SERVICES Mr. Carniato, District Counsel, stated that hw will be requesting an executive session at the meeting of May 4, to discuss the Coopers- Lybrand audit and give a review of the Fred J. Early litigation. After discussion, it was moved by Member Campbell, seconded by Member Rustigian, that the following statements be approved for payment: Coopers-Lybrand in connection with the Fred J. Early litigation - $11,000; Kahn and Associates for litigation consulting services - $2,500; and John J. Carniato, District Counsel for services concerning the following matters during the month of March: Fred J. Early Company - $8,600.84, Kaiser Industries - $425 and Peterson/Simpson - $5,545. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None 9. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA a. DISTRICT ANNEXATION NO. 61 (LAKE ORINDA HIGHLANDS) PROCEDURE INFORMATION Mr. Dolan, General Manager-Chief Engineer, advised that an Environmental Impact Assessment for District Annexation 61 has been completed and, as required by the State, a Negative Declaration should be prepared. After discussion, it was moved by Member Carlson, seconded by Member Rustigian, that staff be directed to prepare a Negative Declaration and post public notice indicating intent to adopt same. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneystee1e, Rustigian, Carlson and Allan None None b. CLAIM OF EARL ISING AND CULLIGAN SOFT WATER SERVICE FOR DAMAGES IN EXCESS OF $10,000 Mr. Carniato, District Counsel, explained that Culligan Soft Water Service develops a considerable amount of brine which comes into our waste system in violation of the District Industrial Waste Ordinance. After giving Culligan one year leeway to develop an alternate procedure for handling their sewage waste, the District on January 15, 1978 refused to accept any further sewage from the water softening facility. After discussion, it was moved by Member Boneysteele, seconded by Member Rustigian, that the claim of Earl Ising and Culligan Soft Water Service dated April 25, 1978, for damages in an amount in excess of $10,000 be denied and referred to District Counsel. Motion carried by the following vote: AYES: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan NOES: Members: None ABSENT: Members: None VII I. REPORTS 1. GENERAL MANAGER - CHIEF ENGINEER a. Mr. Dolan reported that staff is planning to recommend to the Board that they have Lee Saylor, Inc., return to the plant to update the report and estimate the time and cost to complete the work and determine the degree of progress made by Peterson/Simpson and whether it is consistent with the contractor1s work plan. 04 27 78 1273 b. Mr. Dolan requested that the Board present guidelines to handle the negotiations with the Employees. Association this year. After discussion, it was moved by Member Boneystee1e, seconded by Member Campbell, that in the negotiations with the Employees. Association. the Personnel Committee be designated as a IIFact Finding Committeell to meet and confer with the Employees. Association and examine their proposal and report back to the Board as a basis for negotiations. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None c. Mr. Dolan advised that he was requesting an executive session to discuss potential reorganization of District staff. d. After discussion with Board Members, a tentative date and time of Saturday, April 29, at 9:00 A.M. was established to tour the Treatment Plant. e. Mr. Dolan reported on the CWPCA Conference. Board Members received booklets in their packets giving a rundown on the conference. 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato reported that he had received an Alternative Writ of Mandate from the Court of Appeal on the change of venue in the Fred J. Early, Jr. Company case and he explained the implications of the writ. b. Mr. Carniato advised that correspondence had been received from the Town of Moraga recommending that the District Board review the rate disparity between Orinda and Moraga. Mr. Carniato also pointed out to the Board that he did not make the statements quoted in the Citizens' Advisory Committee Report which is attached to the letter. It was the consensus of the Board that a letter be drafted for the President.s signature to the Moraga Town Council indicating Central San.s willingness to cooperate in this matter, that the District will review the rate disparity between Orinda and Moraga and thanking them for their interest. Present in the audience was Mr. George Navone of Orinda-Moraga Disposal. He stated that he had met with the Council.s Citizens. Advisory Committee and they thoroughly discussed the type of service they would like to have. Mr. Navone also queried the Board as to the status of the garbage audit. c. Mr. Carniato requested an executive session at the next meeting meeting to discuss litigation and other District matters. 3. SECRETARY a. Mr. Hopkins presented a proposed schedule of meetings for the summer months. Member Boneystee1e queried as to the date of the August CASA meeting. It was decided to hold the schedule over until the dates of the CASA meeting could be determined. 4. COMMITTEES None IX. MATTERS FROM THE FLOOR None 04 27 78 1274 04 At 10:55 P.M., President Allan declared an Executive Session. to discuss staff reorganization. At 11 :24 P.M., President Allan concluded the Executive Session. x. ADJOURNMENT At 11:25 P.M., President Allan adjourned the meeting. ~~~f the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: , Secr ary of the trict Board of the Cen ral Contra Co ta Sanitary District, County of Contra Costa, State of California 27 rr'l Q .~ ~j .....