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HomeMy WebLinkAboutBOARD MINUTES 06-29-78 1323 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD JUNE 29, 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 June 29,1978, at 7:33 p.m. I. ROLL CALL PRESENT: Members: ABSENT: Member: Campbell, Boneysteele, Carlson, and Allan Rustigian Member Rustigian arrived at 7:38 p.m. II. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF JUNE 8, 1978 Mr. Carniato, Counsel for the District, requested a change be made under "VIII. REPORTS, 2. COUNSEL FOR THE DISTRICT, b. II in the second paragraph, in the fourth line change lIifll to IIthatll. It was moved by Member Boneystee1e, seconded by Member Campbell that the Minutes of June 8,1978 be approved as corrected. Motion carried by the following vote: AYES: NOES: ABSENT: Members: ~1embers : Members: Campbell, Boneystee1e, Carlson, Rustigian and Allan None None 2. MINUTES OF THE MEETING OF JUNE 15, 1978 Member Boneysteele requested a correction to IIVII. NEW BUSINESS, 1. PERSONNEL, ADMINISTRATION, a.1I in the first paragraph, next to last sentence, changing the words lIinterest-freell to tax-freell. It was moved by Member Campbell, seconded by Member Carlson that the Minutes of June 15, 1978 be approved as corrected. Motion carried by the following vote: AYES: NOES: ABSENT: ~1embers : Members: Members: Campbell, Boneysteele~ Carlson, Rustigian and Allan None None III. APPROVAL OF EXPENDITURES None. IV. HEARINGS 1. GARBAGE COLLECTION-RATE INCREASES President Allan made an opening statement listing guidelines which the Board would follow in determining rate increases. He then opened the hearing regarding Garbage Collection-Rate Increases. Mr. Dolan, General Manager-Chief Engineer, informed the Board that legal notices were published concerning the public hearing in Contra Costa Times on June 14 and 21, 1978. He went on to say that a June 29, 1978 story in the Contra Costa Times stated that Pleasant Hill Bay Shore Disposal Company has not asked for a rate increase but that the District has just received a letter from Boyd Olney, of that firm, requesting a rate adjustment. Mr. Dolan suggested that the Board hold this matter over to another meeting since the public was told that it would not be considered at this meeting. 06 29 78 1324 Member Boneysteele questioned whether a display ad had been published. When advised that it had not, Member Boneysteele commented that perhaps that had some bearing on the lack of attendance at the hearing. Mr. Dolan, General Manager-Chief Engineer reviewed the rate analysis for Orinda-Moraga Disposal which was prepared by Plourde Accounting Firm with support from the District staff. President Allan asked if there were any members of the audience that wished to make comments concerning Orinda/Moraga rates. Mr. Navone, garbage franchisee stated that he had no comments at that time. Mr. Barry R. Gross, Mayor of the Town of Moraga, requested to be heard. He thanked the Board for its analysis and continued by saying that while he didnlt agree with all of the statements made in Mr. Pinedols letter, he would like some of the points to be considered. However, he was of the opinion that income from Acme Fill should be considered in the analysis~ but that it never has been. The Mayor said that he appreciates Orinda/Moragals charitable interests in local organi- zations, but those costs should come out of Orinda/Moraga's pocket, not from the people of Moraga. Mayor Gross further stated that it would be very much appreciated if the Board and staff would take into consideration the separation of Orinda/ Moraga by political boundaries. Moraga residents feel that they have been over- charged since 1974. It was his opinion that maximum 10% differential was an arbi- trary figure and that the differential should be based on cost statistics of 16%. Discussion followed in regard to how the Board arrived at the recommended 10% differential figure. It was brought out by Mr. Dolan, General Manager-Chief Engineer, that the Board had asked staff to recompute the 16% figure which came out to 15% based on the latest data. After further discussion, it was moved by Member Boneystee1e, seconded by Member Carlson that staff be directed to formulate and publish a rate schedule for Orinda/Moraga Disposal Service based on chart IIA-l, Schedule of Ratesll, second column headed 119.28% @ - 6%11, rounding rates to the nearest five cents (.05), to be effective July 1, 1978 and the last column headed 116.42% 1/1/7911, also rounding rates to the nearest five cents (.05), to be effective January 1, 1979 allowing for cost increase. Staff to have the discretion to vary the rate of the first can by no more than 5 cents to keep within the previously established differential. Motion carried by the following vote: AYES: NOES: ABSENT: r~embe rs : ~1embers : Members: Campbell,Boneysteele,Carlton,Rustigian and Allan None None Mr. Sandy Plourde, responding to a request for more information, stated that the same accounting procedures were used for Valley Disposal Service, Lafayette Disposal Service, and Diablo Disposal Service. It was mentioned that Valley Dis- posal provides the broadest spectrum of services with highest rate of efficiency, but show the greatest losses. Mr. Ed Ageno, Accountant for Valley Disposal Discussed the situation of past inequities and the need for a higher rate increase. He listed reasons for Val1ey's higher costs which included high disability insurance costs and repair and replace- ment costs for old trucks. Member Boneysteele stated that he couldn't understand the reasons for the large differences in the rate requests. He felt that he needed more information as to why the Valley Disposal increase calculates to be 20% while the computed Lafayette Disposal increase is 9-10% and Diablo Disposal is 11-13%. Mr. Dolan pointed out that this discrepancy cannot be explained by reviewing last year's records as the problem has existed for the past few years. President Allan called for a five-minute recess at 9:25. reconvened at 9:34 p.m. After further discussion, it was moved by Member Campbell, seconded by Member Rustigian that staff be directed to formulate and publish a rate schedule for Lafayette Disposal based on chart IIA-2, Schedule of Ratesll, second column headed 118.9% @ - 6%" rounding rates to the nearest five cents (.05), to be effective tJuly 1, 1978, and the last column headed "5.19% @ - 1/1/7911 also rounded to the The meeting was 06 29 78 1325 nea res t fi ve cents (.05), to be effective January 1, 1979, all owi ng for the January 1, 1979 cost increase. Motion carried by the following vote: AYES: Members: Campbel1,Carlson,Rustigian and Allan NOES: Members: Boneysteele ABSENT: Members: None Member Boneysteele stated that he voted no because, in his opinion, the three companies should be considered together and no final decision should be made until all questions are answered. The Board then considered the ~alley Disposal and Diablo Disposal rate increase requests. The Board discussed the need to establish rates at this meeting and it was determined necessary because of billing periods of the Disposal companies. There \~ere numerous questions regarding the existing rates for the different services. After further discussion, it was moved by Member Boneysteele, seconded by Member Campbell, that the District adopt, effective July 1,1978 through September 30,1978, the rates proposed under Diablo Disposal Service, on chart IIA-2, Schedule of Ratesll, second column headed 11.64 - 6% rounding rates to the nearest five cents (.05) to apply to both Valley .and Diablo wit'h'a ..'. further review made during the intervening three month period with the intention of establishing at the end of that time, rates to apply through December 31,1979. Motion carried by the following vote: AYES: Members: Campbe11,Boneysteele,Rustigian and Allan NOES: Member: Carlson ABSENT: Members: None President Allan then closed the hearing. V. BIDS None. VI. OLD BUSINESS 1. BUDGET a. b. Line Items Operations and Maintenance Mr. Niles, Manager- Plant Operations, informed the Board that there were some changes made in the Plant Operations portion of the proposed budget because of incorrect accounting information originally received. ïhese changes are: (1) Change Pump Station North Account No. 500-03, Salaries and Wages from $57,924. to $98,466. (2) Change Pump Station West Account No. 500-03, Salaries and Wages from $80,904. to $91,134. (3) Treatment Plant Account No. 600-03 Sa1ares and Wages from $1,303,296. to $1,252,956. The dollar value of these changes represents an increase of $50,772. for the pump stations and a decrease of $50,340. for the Treatment Plant for a net difference of plus $432.00. ~k. Rustigian stated that on Page 1, line 06 Directors Fees seem too low. After some discussion, it was decided to increase the total set aside for director's fees from $6,000. to $9,000. In review, Mr. Carlson stated that these changes will increase the total budget by $3,432. After further discussion, it was moved by Member Carlson, seconded by Member Rustigian that the proposed budget be accepted subject to the discussed changes. RESOLUTION NO. 78-199, A RESOLUTION ADOPTING THE 1978-79 BUDGET EXCLUDING SALARIES AND BENEFITS Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbe1l,Boneystee1e,Car1son,Rustigian and Allan None None 06 29 78 1326 1. VII. NEW BUSINESS ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING It was moved by Member Boneysteele, seconded by Member Rustigian, that the easements, as listed below, including the easement listed on the supple- mental agenda, be accepted at no cost to the District and that respective resolutions be adopted and recordation authorized. GRANTOR JOB NO. 3044 2982 2966 PARCEL NO. C.L.Blower, etux J. L. Wa rren, etux Ba1han Associates 1 1 3 RESOLUTION NO. 78-183, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM C.L. BLOWER, ETUX, WALNUT CREEK AREA (JOB NO.3044 -PARCEL NO.1) RESOLUTION NO. 78-184 A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM J.L. WARREN, ETUX WALNUT CREEK AREA JOB NO.2982 -PARCEL NO.1 RESOLUTION NO. 78-191, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM BALHAN ASSOCIATES, DANVILLE AREA JOB NO.2966- PARCEL NO.3 Motion carried by the following vote: AYES: Members: Campbell ,Boneysteele,Carlson~Rustigian and Allan NOES: Members: None ABSENT: Members: None 2. ACCEPTANCE OF EASEMENT FROM JOHN J. SCHEUERLEIN, ETUX (JOB NO.256- PARCEL NO.1, LOCATED AT THE NORTHEASTERN CORNER OF RUDGEAR ROAD AND VANDERSLICE AVENUE, WALNUT CREEK AT A COST OF 1,000. After explanation and discussion, it was moved by Member Rustigian, seconded by Member Carlson that the easement from John J. Scheuerlein, etux, Job No. 256, Parcel No.1, located at northeastern corner of Rudgear Road and Vanderslice Avenue, Walnut Creek area, be accepted at a cost of $1,000. and a resolution adopted to that effect and recording authorized. RESOLUTION NO. 75-185 A RESOLUTION ACCEPTING AN EASEMENT FROM JOHN J. SCHEUERLEIN, ETUX, WALNUT CREEK AREA JOB NO. 256, PARCEL NO.1, AT A COST OF 1,000. Motion carried by the following vote: AYES: Members: Campbell, Boneysteele,Car1son,Rustigian and Allan NOES: Members: None ABSENT: Members: None 3. ACCEPTANCE OF EASEMENT FROM GUADULUPE I. DELGADO, ETUX, DISTRICT SEWER- ING PROJECT 2904, PARCEL 1, LOCATED AT 854 DIABLO ROAD, DANVILLE, AT A COST OF $340. After explanation and discussion, it was moved by Member Rustigian, seconded by Member Carlson, that the easement from Guadalupe I. Delgado, etux, District Sewering Project No. 2904, Parcell, located at 854 Diablo Road, Danville, be accepted at a cost of $340 and a resolution adopted to that effect and recording authorized. RESOLUTION NO.78-186, A RESOLUTION ACCEPTING AN EASEMENT FROM GUADALUPE I. DELGADO, ETUX, DISTRICT SEWERING PROJECT NO. 2904, PARCELl, LOCATED AT 854 DIABLO ROAD, DANVILLE, AT A COST OF $340. 06 29 78 1327 Motion carried by the following vote: AYES: Members: Campbell ,Boneysteele,Carlson,Rustigian and Allan NOES: Members: None ABSENT: Members: None 4. ACCEPTANCE OF EASEMENT FROM EAST BAY REGIONAL PARK DISTRICT, DISTRICT SEWERING PROJECT NO. 2856, PARCEL NO.1, LOCATEDNORTHOFS~P~R.R., MARTINEZ WATERFRONT AREA AT A COST OF $300. After explanation and discussion, Member Carlson moved and Member Rustigian seconded that the easement from East Bay Regional Park District, District Sewering Project 2856, Parcell, located north of S.P.R.R. Martinez waterfront area be accepted at a cost of $300 and a resolution adopted to that effect and recording authorized. RESOLUTION NO. 78-187, A RESOLUTION ACCEPTING AN EASEMENT FROM EAST BAY REGIONAL PARK DISTRICT, DISTRICT SEWERING PROJECT NO. 2856, PARCEL NO.1, LOCATED NORTH OF S.P.R.R. MARTINEZ WATERFRONT AREA AT A COST OF $300. Motion carried by the following vote: AYES: Members: Campbell,Boneysteele,Carlson,Rustigian and Allan NOES: Members: None ABSENT: Members: None 5. AUTHORIZE EXECUTION OF CONSENT TO DEDICATION (NO COST TO DISTRICT) TO CONTRA COSTA COUNTY FOR STONE VALLEY COURT AND DORRIS COURT, ALAMO AREA, JOB NO. 1597, PARCELS NO.3 AND 12 It was moved by Member Rustigian, seconded by Member Carlson that a Resolution authorizing execution of Consent to Dedication (No Cost to District) to Contra Costa County over a portion of District easements for Stone Valley Court and Dorris Court, Alamo Area, Job No. 1597, Parcels No.3 and 12 be adopted. RESOLUTION NO. 78-188, A RESOLUTION AUTHORIZING EXECUTION OF A CONSENT TO OFFER-OF-DEDICATION TO CONTRA COSTA COUNTY OVER PORTION OF DISTRICT EASEMENT FOR USE AS A PUBLIC ROAD (JOB NO. 1597-PARCELS 3 AND 12),ALAMO AREA Motion carried by the following vote: AYES: Members: Campbell,Boneysteele,Carlson,Rustigian and Allan NOES: Members: None ABSENT: Memners: None AUTHORIZE EXECUTION OF LICENSE AGREEMENT WITH JEANNE M. POUNDS, JOB NO. 2997, LOCATED SOUTHEAST OF EASTON COURT, ORINDA AREA 6. After discussion, it was moved by Member Rustigian, seconded by Member Carlson that the License Agreement with Jeanne M. Pounds, Job 2997, located southeast of Easton Court, Orinda area be approved and authorize recording. Motion carried by the following vote: AYES: Members: Campbel1,Boneysteele,Car1son,Rustigian and Allan NOES: Members: None ABSENT: Members: None AUTHORIZATION FOR TWO PARCELS, P.A. 78-21 AND 78-22, BOTH IN DANVILLE AREA TO BE INCLUDED IN PENDING ANNEXATION TO THE DISTRICT 7. Member Rustigian moved, Member Carlson seconded the motion to authorize two parcels, P.A. 78-21 and 78-22, both in Danville Area to be included in pending annexation to the District. Motion carried by the following vote: AYES: Members: Campbel1,Boneystee1e,Carlson,Rustigian and Allan NOES: Members: None ABSENT: Members: None 06 29 78 1328 8. CONSIDERATION OF A COUNTY-IMPOSED ENFORCEMENT CHARGE AGAINST ACME FILL AS AN ELIGIBLE FRANCHISE COST OF THE GARBAGE COLLECTORS IN THE DISTRICT FRANCHISE AREA Mr. Dolan, General Manager-Chief Engineer, explained the proposed charge and stated that the County Solid Waste Management Commission requested input prior to approving the concept. After discussion, it was moved by Member Rustigian, seconded by Member Campbell, that at this time evidence does not appear to justify passing the proposed County enforcement charge on to home- owners. Any further consideration would only be with full disclosure of all costs on the part of Acme Fill. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: 9. Campbell,Boneysteele,Carlson,Rustigian and Allan None None AUTHORIZATION OF AN ADDITIONAL $21,800 TO COMPLETE THE FINAL EIS FOR THE STAGE 58 ENLARGEMENT The Board discussed the background regarding the EPA requests for addi- tional information. It was moved by Member Campbell, seconded by Member Carlson, that authorization to increase the current cost ceiling for the Stage 5B Enlargement be from $224,000 to $246,000 to complete the final EIS be approved and that the EPA be advised that no further fund allocations will be made for the completion of the EIS of this project. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: 10. Campbe11,Boneystee1e,Car1son,Rustigian and Allan None None ANNOUNCEMENT OF JACK L. BEST, MANAGER-ENGINEERING DEPARTMENT, RETIRE- MENT Mr. Jack Best submitted his resignation as Manager of the Engineering Department, effective August 1,1978, after 31 years, 8~ months of employ- ment with the District. After discussion, Member Boneysteele moved, Member Carlson seconded a motion to adopt a Resolution of Commendation for Mr. Best's years of service to the District and requested Mr. Carniato, Counsel for the District, to prepare such resolution. RESOLUTION NO. 78-195, A RESOLUTION CO~~ENDING JACK L. BEST, MANAGER- ENGINEERING DEPARTMENT FOR HIS YEARS OF SERVICE WITH THE DISTRICT Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: 11. PERSONNEL Plant Operations Campbell,Boneysteele,Car1son,Rustigian and Allan None None a. ADOPT A RESOLUTION ESTABLISHING AN ELIGIBILITY LIST FOR SUPERINTEN- DENT OF LABORATORY After discussion, Member Boneysteele moved and Member Campbell seconded a motion to adopt a resolution establishing the Eligibility list for Super- intendent of Laboratory, dated June 29,1978. RESOLUTION NO. 78-189, A RESOLUTION ESTABLISHING THE ELIGIBILITY LIST FOR SUPERINTENDENT OF LABORATORY, DATED JUNE 29,1978 Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: 06 29 78 Campbell,Boneysteele,Car1son,Rustigian and Allan None None 1329 b. ADOPT A RESOLUTION ESTABLISHING AN ELIGIBILITY LIST FOR LABORATORY IECHNICIAN After discussion, it was moved by Member Boneysteele, seconded by Member Campbell to adopt a Resolution establishing the eligibility list for Laboratory Technician, dated June 29,1978. RESOLUTION NO. 78-190, A RESOLUTION ESTABLISHING THE ELIGIBILITY LIST FOR LABORATORY TECHNICIAN, DATED JUNE 29,1978 Motion carried by the following vote: AYES: NOES: ABSENT: Members: Campbell,Boneysteele,Carlson,Rustigian and Allan Members: None Members: None APPOINTMENT OF HAROLD NEWMAN TO THE POSITION OF MAINTENANCE TECH- NICIAN III, ELECTRICAL, RANGE 65-A, $1,384, EFFECTIVE JULY 1,1978 c. After discussion, Member Boneysteele moved and Member Campbell seconded the motion to appoint Harold Newman to the position of Maintenance Technician III, Electrical, Range 65-A, $1,384, effective July 1,1978. RESOLUTION NO. 78-194, A RESOLUTION APPOINTING HAROLD NEWMAN TO THE POSITION OF MAINTENANCE TECHNICIAN, ELECTRICAL, RANGE 65-A, $1,384., EFFECTIVE JULY 1,1978 Motion carried by the following vote: AYES: Members: Campbell,Boneystee1e,Carlson,Rustigian and Allan NOES: Members: None ABSENT: Members: None d. DISCIPLINARY ACTIONS REQUIRED AT THE WATER POLLUTION CONTROL/ RECLAMATION PLANT The Personnel Committee stated that it had no recommendation on this item. Mr. Niles, Manager-Plant Operations requested the Board's approval for placing Frank Villegas and Kenneth Youry each on a one-day suspension for violation of safety precautions and for placing Robert Simmons on a 3 3/4-day suspension for chronic absenteeism. It was noted that Mr. Simmons is receiving counseling from a County-sponsored agency for personal problems related to his absenteeism. Member Allan queried staff as to whether these employees have been made aware of the recommendations for suspensions. Mr. Carniato, Counsel for the District, stated that they have been notified and have been given an opportunity to respond. It was moved by Member Campbell, seconded by Member Boneysteele, that the recommendation to place Frank Villegas and Kenneth Youry each on a one-day suspension and Robert Simmons on a 3 3/4-day suspension be approved with a letter of reprimand in their respective personnel file. Motion carried by the following vote: AYES: Members: Campbe11,Boneysteele,Carlson,Rustigian and Allan NOES: Members: None ABSENT: Members: None e. AUTHORIZATION FOR KENNETH HARRISON TO RECEIVE SHORT-TERM DISABILITY BENEFITS Mr. Dolan, General Manager-Chief Engineer advised the Board that this matter relates to the Disability Program (Extended Sick Leave Plan) discussed at the last meeting. He explained that Mr. Harrison has been employed since February 6, 1978 and, as a result of an accident at the treatment plant, has used more sick leave than he has been able to accumulate during his term of employment. It was pointed out that the short-term disability plan proposed by the Employees Association was not in effect during the period of Mr. Harrison1s illness. Therefore, special consideration for Mr. Harrison is being requested to permit him to use this benefit from the date of his injury of May 5,1978. 06 29 78 1330 It was moved by Member Boneysteele, seconded by Member Campbell, that the Board adopt a resolution authorizing Kenneth Harrison to receive short- term disability benefits (Extended Sick Leave Plan) consisting of the exten- sion of up to approximately 35 days sick leave to be repaid by employee from future accumulated sick leave. RESOLUTION NO. 78-196, A RESOLUTION AUTHORIZING SHORT-TERM DISABILITY BENEFITS FOR KENNETH HARRISON Motion carried by the following vote: AYES: NOES: ABSENT: Members: Campbe11,Boneysteele,Carlson,Rustigian and Allan Members: None Members: None 12. MEETINGS OF PERMANENT COMMITTEES OF THE DISTRICT BOARD Mr. Carniato, Counsel for the District, stated that to satisfy the require- ments of the Brown Act, standing committees of the Board will now be noticed on the agenda and that standing committee meetings will have to be held in open to the public sessions. 13. ADOPT ORDINANCE CHANGING CODE SECTION 4-404, AUTHORIZING GENERAL MANAGER- CHIEF ENGINEER TO APPROVE ADVERTISING AND TESTING FOR POSITIONS AUTHORIZED BY THE BOARD WHEN THERE IS NO CURRENT ELEIGIBILITY LIST OR WHEN THERE IS NO CURRENT ELIGIBILITY LIST AVAILABLE OR WHEN THE ELIGIBILITY LIST HAS EXPIRED OR BEEN EXHAUSTED Mr. Dolan, General Manager-Chief Engineer, explained to the Board that this proposed change in the Ordinance would allow the District to proceed immediately with advertising and testing as may be necessary to fill a previously authorized position. It is proposed that in the first sentence of Section 4-404 liThe Boardll be changed to liThe Districtll shall publicly announce examinations at the District thus relieving the Board of one perfunctory step in the hiring procedure. The Board will continue to authorize positions, approve Eligibility Lists and actual hiring of employees. After discussion, it was moved by Member Campbell, seconded by Member Boneysteele that Ordinance No. 134 be adopted amending Section 4-404 as fa 11 ows : IISec.4-404. Announcement of Examinations The District shall publicly announce the examination at least three weeks before the closing date for accepting applications. The announcement shall include: (1) the position to be filled and the title of the class; (2) rate of pay; (3) a general statement of the duties; (4) Minimum qualifications (5) procedure for applying for the position; and (6) the closing date (Adopted by Ordinance No. 50, December 5, 1963; readopted by Ordinance No. 50A, June 21, 1973) This Ordinance shall be a general regulation of the District and shall be published once in a newspaper of general circulation published and circulated in Central Contra Costa Sanitary District, and shall be effective upon expiration of the week of publication. ORDINANCE NO. 134, AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Carlson, Rustigian and Allan None None 06 29 78 1331 14. VIOLATIONS-BAY AREA AIR POLLUTION CONTROL DISTRICT Mr. Carniato, Counsel for the District, explained to the Board that a reduced settlement of $550 for four violations which occurred in 1977 and January of 1978 is due and he recommends payment. Mr. Carniato read a letter he had sent to the Air Pollution District and informed the Board that representatives of the District and the Bay Area Pollution Control District have met for the purpose of alleviating these problems, the results of which appear to be positive. Member Rustigian moved and Member Carlson seconded a motion that payment in the amount of $550 to the Bay Area Air Pollution Control District for four violations Nos. 6648,6649,8118 and 8192, be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Boneysteele, Carlson, Rustigian and Allan None None 15. PETERSON/SIMPSON CLAIM AGAINST THE DISTRICT Mr. Carniato, Counsel for the District, requested that an Executive Session be held on July 15, 1978 to discuss this matter. He stated that he would make his recommendations at that time. 16. APPROVAL OF BILLS FOR LITIGATION SERVICES Mr. Carniato, Counsel for the District, made a correction in the bill from Lee Saylor, Inc. and recommended payment of $11,200. After discussion, it was moved by Member Boneysteele, seconded by Member Rustigian, that payment of current bills for litigation services be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneysteele, Carlson, Rustigian and Allan None None 17. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA This matter was acted upon under IIVII. Business, 1. Acceptance of easements at no cost to the Districtll VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan reported that two small galvanized steel tanks left over from completion of the Pilot Test Work in 1975, with an estimated salvage value of $10 were declared surplus and made available for use at the Contra Costa' Youth Camp for Underprivileged Children. b. Mr. Dolan stated that staff is proposing to make a charge of $75 to cover costs related to the preparation and recordation of abandonment of easements (Quit Claim Deeds). Member Boneysteele requested that this matter be placed on the Board agenda as an ordinance adding this to the District's list of established fees and charges. c. Mr. Dolan informed the Board that the District will advertise for bids on clearing work in the Holding Basins at the Treatment Plant before the next Board Meeting. d. Mr. Dolan discussed DA 61, Lake Orinda Highlands area, and stated that the staff of LAFC recommended that action be deferred until an EIR is completed on this project. e. Mr. Dolan reviewed SB 154, and listed the various categories in which special districts may be eligible for State surplus money. One section of the 06 29 }';",. .'~ -, '!~- . <...t 1332 bill declares null and void and subject to renegotiation any contract between a local public agency and an employee organization which provides for pay raises in excess of the raises paid to the State employees. He concluded by stating that he feels while this District may be in an eligible category for surplus funds, the prioriety assignment will place us so low on the list that it is unlikely we will ever receive any funds. f. Mr. Dolan reported that he had met with Mr. Stuart Butler of Peterson/Simpson earlier in the day in an attempt to determine Peterson/ Simpsonls intent to complete several specific segments of their contract whichremain undone. g. Mr. Dolan informed the Board that he would be on vacation the first week in July. 2. COUNSEL FOR THE DISTRICT Mr. Carniato stated that much of what he reports must be given in Executive Session, but that quite often the meetings adjourn too late for an Executive Session. The Board discussed this problem and thought that perhaps an Executive Session could be scheduled for one meeting per month from 7:30 to 8:30, however, there was no action taken on the matter. IX. MATTERS FROM THE FLOOR A request to quitclaim portions of existing sewer easements in Job No. 1551 to the Hoffman Construction Company was made by Mr. Dolan, General Manager-Chief Engineer. After discussion, it was moved by Member Rustigian, seconded by Member Boneysteele to authorize execution of two Quitclaim Deeds to Hoffman Construction Co., Job No. 1551, Miscellaneous Parcels in the Pleasant Hill area. RESOLUTION NO. 78-192, A RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM DEED TO HOFFMAN CONSTRUCTION CO., JOB NO. 1551, MISCELLANEOUS PARCEL IN THE PLEASANT HILL AREA AND AUTHORIZE ITS RECORDING RESOLUTION NO. 78-193, A RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM DEED TO HOFFMAN CONSTRUCTION CO., JOB NO. 1551, MISCELLANEOUS PARCEL IN THE PLEASANT HILL AREA AND AUTHORIZE ITS RECORDING Motion carried by the following vote: AYES: NOES: ABSTAIN: ABSENT: Members: Members: Member: Members: Campbell, Boneystee1e, Rustigian and Allan None Carlson None The Board Members were reminded that they must file a contributions form by July 31, 1978. The Board noted that a letter of appreciation was received from Dick Mitchell in regard to the Board's recent action concerning the loss of his wife. Mr. Dolan, General Manager-Chief Engineer, reported that we are ahead of schedule with the architects in regard to the acquisition of property for a new building and that this matter is being put over until the meeting of July 13, 1978. X. ADJOURNMENT At 12:03 a.m., President Allan adjOUr~the meeting. >'~~. V~ Presi ent of the Dis rlct Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~ Secr ary of th District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of CAlifornia 06 29 78