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HomeMy WebLinkAboutBOARD MINUTES 07-13-78 1333 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD JULY 13,1978 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 July 13,1978, at 7:30 P.M. In the absence of President Allan, Member Boneystee1e, as Senior Member of the Board took the chair and indicated that after roll call he would entertain a motion to appoint one of the members present as President Pro Tern to preside over this meeting. He then requested the Secretary to call the roll. 1. ROLL CALL PRESENT: Members: Campbell, Carlson and Boneysteele ABSENT: Members: Rustigian and Allan President Allan had indicated at an earlier Board Meeting that he would be away on vacation at this time and had requested to be excused. Member Rustigian arrived at 7:38 P.M. It was moved by Member Campbell, seconded by Member Carlson, that Member Boneysteele be appointed to act as President Pro Tern in the absence of President Allan. Motion was approved. II. APPROVAL OF MINUTES The minutes of the meeting of June 29,1978 were deferred to the next regular meeting. III. APPROVAL OF EXPENDITURES None. IV. HEARINGS 1. COLLECTION OF DELINQUENT SEWER SERVICE CHARGES ON THE TAX ROLL Mr. Dolan, General Manager-Chief Engineer, explained that by law, the District is required to hold a hearing to place the delinquent charges on the tax roll. Delinquent notices were sent to approximately 220 owners, of that number, 15 owners have since paid their delinquency. The report containing the list of delinquent owners is on file with the Secretary of the District. Staff recommends that the remaining delinquent charges be placed on the tax roll for collection. President Pro Tern Boneysteele asked if there was anyone in the audience wishing to be heard on this matter. Hearing no response, President Pro Tern Boneystee1e declared the Hearing closed. After discussion, it was moved by Member Carlson, seconded by Member Campbell, that a resolution overruling protests and adopting the report pursuant to section 5473, Health and Safety Code, be adopted. RESOLUTION NO. 78-197, A RESOLUTION OVERRULING PROTESTS AND ADOPTING THE REPORT PURSUANT TO SECTION 5473, HEALTH AND SAFETY CODE Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Carlson and Boneysteele None Rustigian and Allan 07 13 78 1334 To accommodate the people in the audience, President Pro Tern Boneysteele digressed from the order of the agenda and took up "VII. New Business, Item 5". VI!. NEW BUSINESS 5. REVIEW OF SEVEN PARCELS APPLYING FOR ANNEXATION TO THE DISTRICT. DA 78-23 THROUGH 73-29, TWO PARCELS IN THE DANVILLE AREA, TWO IN THE ALAMO AREA AND ONE PARCEL EACH IN THE WALNUT CREEK, ORINDA AND MARTINEZ AREAS Mr. Dolan, General Manager-Chief Engineer, requested that this item be deferred to the meeting of July 27, so that staff may discuss the formulation of a growth policy pertaining to plant capacity, annexations, future connections and related matters with the various planning and regulatory agencies which have been involved in the population projections on which the Central San treatment plant capacity is based. President Pro Tern Boneysteele felt that those persons in the audience who wished to speak on the matter should be heard. Mr. Roy Towers, Vice President of Elbaco, Inc., addressed the Board regarding P.A. 78-24, a petition for annexation of 218.53 acres, last part of the Round Hill development, in the Alamo area. Mr. Towers explained that he had requested annexation for this parcel in September 1976, and was turned down by the Board because the County had not held a public hearing on the tentative map for the annexation and the District Board refused to take action without prior notice being given to the public. However, the Board did agree that the area was within the District's sphere of influence. Subsequent to District consideration and after numerous public hearings at the County, the Board of Supervisors approved the tentative map with no major changes. Mr. Towers proceeded to explain the development to the Board. President Pro Tern Boneysteele queried staff if it had informed Gelderman-that annexation does not necessarily guarantee service and was told that staff had not done so. Mr. Dolan, General Manager-Chief Engineer, explained that our treatment plant capacity is now 30 MGD which will provide service for approximately 300,000 people. The District is on the verge of obtaining plant authorization for an additional 10 MGD which would bring the service capacity up to approximately 400,000 people. In the meantime, the options include a variety of things including: (1) Keep annexing until the District runs out of capacity and expand plant capacity at that time, (with this option one runs the risk of a complete shutdown of the building industry at the time the capacity runs out if the regulatory agencies prevent òrderly expansion of capacityj; and f2) apportion the number of connections between now and 1987. The Distrct1s present policy is to Annex upon request and to connect homes as they are built subject to the condition that we have adequate capacity to serve. This becomes complicated because EPA, SWRCB and BAACD have all been involved in the planning procedure which resulted in the determination of treatment plant capacity - but have not yet clarified their position as to what their future intentions are to restrict further expansions. The District feels little obligation to property outside the District boundary compared to that within the District boundary. Therefore, when property becomes annexed, it then falls into a different category. The Board has requested staff to develop a policy with the regulatory agencies which will address the growth issue, but several agencies have been reluctant to clearly state their position. Therefore, until some definitve action is taken by the controlling agencies, there is no guarantee that any property being annexed to the District will be served. Mr. Randy Smith, developer of the Whitegate property (PA 78-28), 318+ acres, Danville area, addressed the Board stating that the tentative map-for the property has been approved by the County and he is now requesting annexation to the District. 07 13 78 1335 Dr. Seymour Dudley, Orinda, addressed the Board stating that he has one acre of property in Fairway Acres (P.A. 78-27), Orinda area, and has petitioned for annexation to the District for future connection of an existing house. Mr. Eddy Ruiz with 0.46 acres (P.A. 78-26) Walnut Creek area, has a failing septic system and requested annexation to the District. Mr. Roy Anthony, representing Del Chase, who has a 6.4 acre parcel (P.A. 78-25), in the Alamo area, requested annexation to the District for the purpose of building one house. Mr. W. J. Rutherford with one acre (P.A. 78-29), in the Martinez area requested annexation to the District for the purpose of building one house. President Pro Tern Boneysteele asked for comments from the Board. Member Campbell stated that he felt a different situation prevails when a house has to connect to the sewer because of a failing septic tank system versus that of new construction. After discussion, it was the consensus of the Board that any action on P.A. 78-23 (Danville), P.A. 78-24 (Alamo) and P.A. 78-28 (Danville) be put over to the meeting of July 27, 1978 After further discussion, it was moved by Member Carlson, seconded by Member Rustigian, that P.A. 78-25 (Alamo), P.A. 78-26 (Walnut Creek), P.A. 78-27 (Orinda) and P.A. 78-29 (Martinez) to be included for pending annexation to the District be approved. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Rustigian, Carlson and Boneysteele Campbe 11 Allan Mr. Dolan, General Manager-Chief Engineer, advised that the pending annexations will now have to go to LAFCo for approval for annexation to the District. He also mentioned that he was trying to set up a meeting with ABAG, EPA, and others for the purpose of obtaining some direction from these agencies regarding future capacity of our plant. There was discussion regarding the holding of a public hearing in order to obtain public input before the Board adopts a District growth policy. A member from the audience asked if that meant that the pending annexations presently being held over might be held over again. Mr. Dolan replied that the possibility does exist. Before reverting to the order of the agenda, President Pro Tern Boneysteele asked if there were any other matters on the agenda of particular interest to those in the audience. Hearing no response, he reverted to the order of the agenda. Mr. Carniato, District Counsel requested an executive session at the Board's convenience. V. BIDS 1. REVIEW BIDS FOR CONSTRUCTION OF DSP 2856 Mr. Dolan, General Manager-Chief Engineer, submitted the list of bidders for DSP 2856 to the Board Members. They were as follows: Bidder Bid Price Mountain Construction, Inc. P.O. Box 116 San Ramon, CA 94583 $75,699 D. W. Young Construction Co. P. O. Box 685 Alamo, CA 94507 $77,035 07 13 78 1336 Slavo Rigisich, Inc. P. O. Box 4749 Walnut Creek, CA 94596 $86,524 Peter Cole Jensen, Inc. P. O. Box 553 Danville, CA 94526 $94,304.72 MGM Construction Co. P.O. Box 5757 Concord, CA 94524 $98,212 The engineering estimate was $69,500. After discussion, it was moved by Member Rustigian, seconded by Member Campbell, that the contract for DSP 2856 be awarded to Mountain Construction, Inc., for the bid amount of $75,699, and authorize an account of $44,249 to cover the balance required for the contract, construction contingencies, incidentals and street resurfacing be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Campbell, Rustigian, Carlson and Boneysteele None A 11 an VI. OLD BUSINESS 1. RUNNING EXPENSE TAX AND BOND SERVICE FUNDS After explanation by Mr. Dolan, General Manager-Chief Engineer, and Mr. Carniato, District Counsel, and discussion, it was the consensus of the Board to table this item until after consideration of Item 2 "Capital Budget and Cash Flow Projections". 2. ADOPT CAPITAL PROGRAM FOR 1978-79 Mr. Dalton, Deputy General Manager-Chief Engineer, explained the tabulations on the Financial Plan showing the capital budget and cash flow projections. The Financial Plan in the past was geared to projects, . grants and revenues from contracts and charges and was constantly updated rather than timed to coincide with the O&M budget and our fiscal year. With this change, it brings the District1s Financial Plan~ into general conformity with other governmental agencies, which should help the audit systems of the District along with tying together a more formalized goals and objectives approach for management. Board members commented on the exceedingly knowledgeable way the presentation was developed and stated that it was most informative in showing where the monies were being spent. Discussion followed wherein Mr. Dalton advised that he would be preparing a longer term plan as soon as the audit is completed and there is more definitive information available on tax revenues and State funds in the wake of proposition 13. It was moved by Member Rustigian, seconded by Member Carlson, that the Capital Budget for 1978-79 be approved along with authorization to transfer the tax funds to be received in 1978-79 to the Sewer Construction Fund. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Campbell, Rustigian, Carlson and Boneysteele None A 11 an President Pro Tern Boneysteele reverted to "New Business, Item 1" 1. RUNNING EXPENSE TAX AND BOND SERVICE FUNDS Mr. Carniato, District Counsel, explained the manner in which the Jarvis-Gann initiative applies in relation to the District's portion of the revenue from the property tax bill. Discussion followed, after which it was moved by Member Carl son, seconded by Memberc Camp be 11, that a reso 1 uti on setting the 1978-1979 running expense tax rate and setting forth the funds 07 13 78 1337 required for general obligation bonds principle and interest be adopted." RE:;OLUTION NO. 78-198, A RESOLUTION SETTING THE 1978-79 RUNNING EXPENSE TAX RATE AND SETTING FORTH FUNDS REQUIRED-FOR GENERAL OBLIGATION BONDS PRINCIPAL AND INTEREST Motion carried by the 'following vote: AYES: Members: Campbell, Rustigian, Carlson and Boneysteele NOES: Members: None ABSENT: Member: Allan 3. APPROVAL OF PLANS AND SPECIFICATIONS DSP 2981, STEWART AVENUE PARALLEL SEWER, WALNUT CREEK AREA, AND AUTHORIZE ADVERTISING FOR BIDS Mr. Dolan, General Manager-Chief Engineer explained that this line is necessary to relieve the current overload on the existing 6" main and to assure capacity for future tributary developments within this watershed area. After discussion, it was moved by Member Rustigian, seconded by Member Carlson, to approve the plans and specifications for DSP 2981, Stewart Avenue parallel sewer, Walnut Creek area and to authorize the advertising for bids. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Campbell, Rustigian, Carlson and Boneysteele None Allan 4. APPROVAL OF PLANS AND SPECIFICATIONS DSP 2904, DIABLO ROAD PROJECT, DANVILLE AREA, AND AUTHORIZE ADVERTISING FOR BIDS After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Rustigian, seconded by Member Carlson, to approve the plans and specifications for DSP 2904, Diablo Road Project, Danville area, and to authorize advertising for bids. Motion carried by the following vote: AYES: Members: Campbell, Rustigian, Carlson and Bcneysteele NOES: Members: None ABSENT: Member: Allan 5. RENEWAL OF CASA MEMBERSHIP After discussion, it was moved by Member Rustigian, seconded by Member Camþbell, that thè District renew its CASA membership at a cost of $1,610. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Campbell, Rustigian, Carlson and Boneysteele None A 11 an 6. L DISCUSSION REGARDING OFFICE BUILDING PROJECT a. GENERAL Mr. Dolan requested Jay McCoy, Sr. Engineer, to give an update presentation on the site selection. Mr. McCoy advised that the architectural firm had submitted six site selections for review. Board Members considered the feasibility of purchasing a building site in the wake of Proposition 13. Mr. Dolan commented that it is a fact that the District personnel has expanded to the point that there is a definite space problem in our present building. However, should it not be feasible for the District to construct a new building at this time, the property could be resold. 07 13 78 1338 Member Carlson commented that a field trip should be established for the purpose of viewing the sites. President Pro Tern Boneysteele proposed that the Board call an adjourned meeting on Saturday, July 22, at 9:00 a.m. so that the architects can give the Board and staff a briefing session on the progress made thus far and then continue on to view the proposed building sites. Board Members were in accord with President Bro Tern Boneysteele's suggestion and an adjourned meeting was set for July 22 at 9:00 a.m. b. AUTHORIZE PAYMENT OF COST TO DATE Mr. Dolan, General ManagerChief -Chief Engineer, explained the statement from MackinlayjWinnackerjMcNeil AlA & Associates. After discussion, it was moved by Member Carlson, seconded by Member Rustigian, that the statement from MackinlayjWinnackerjMcNeil and Associates in the amount of $5,036.97 be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Campbell, Rustigian, Carlson and Boneysteele None Allan Member Rustigian requested an explanation of the basis of architect's fees and cost after this approval. Mr. McCoy advised that the $5,036.97 approved by the Board was to cover alr services for site selection. The next phase of the contract is the programming for the building which will be $6,500. The agreement between owner and contractor covers the rest of the service and the cost is based on a graph as a percentage of construction costs. Salaries for individuals are included in that agreement. 7. DISTRICT ANNEXATION NO. 61 Mr. Carniato, District Counsel, explained that the recommendation from LAFCo was not to consider the matter until the District has an EIR not only on the annexation but also on the line extension. He stated that, as lead agency, the District had the responsibility for defining the scope of the project covered by the EIR. If LAFCo feels that they have Lead Agency responsibility for the annexations they take - then they should write the EIR. Annexation No. 61 is now approved but the issue remains as to whether we should require an EIR for the line extension. Staff recommendation to the Board was to advise the developer that an EIR will be required before he can proceed with the sewer line extension. After further discussion, it was moved by Member Campbell, seconded by Member Carlson, that a resolution ordering the annexation of District Annexation No. 61 be adopted. RESOLUTION NO. 78-200, A RESOLUTION ORDERING ANNEXATION OF DISTRICT ANNEXATION NO. 61 Motion carried by the following vote: AYES: NOES: ABSENT: Members: Member: Member: Campbell, Rustigian and Carlson Boneysteele A 11 an Board directed staff to advise the proponent of this annexation that it may be necessary for him to prepare an EIR on the sewer line extension before receiving approval to proceed with the project. Mr. Hopkins, Secretary of the District, advised that Ms. Nancy Stickel has contacted the District regarding action on her petition for annexation in the Lake Orinda Highlands area. He requested guidance 07 13 78 1339 from the Board as to what action to take. Mr. Carniato, District Counsel, indicated that since the annexation had already started on the adjacent D.A. 61, action on her petition was held over until the D.A. 61 annexation is complete. This matter will be placed on a future agenda. At 9:45 p.m., President Pro Tern Boneysteele recessed the meeting. At 9:57 p.m., President Pro Tern Boneysteele reconvened the meeting. President Pro Tern Boneysteele digressed from the order of the agenda and took up "IX. MATTERS FROM THE FLOOR", in order to hear from representatives of Brown and Caldwell. IX. MATTERS FROM THE FLOOR a. Mr. Dolan, General Manager-Chief Engineer, introduced Mr. David Eisenhauer, Vice President-Brown and Caldwell, and Mr. Ted Saunders, Manager-Construction Management Service, who reported on the claim filed by Peterson/Simpson against the District regarding the 5A, Phase I Contract. After some discussion, Mr. Carniato stated that the Board should further discuss this matter in executive session. President Pro Tern Boneysteele thanked Brown and Caldwell for their presentation and reverted to the order of the agenda. VII. NEW BUSINESS 1. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING After discussion, it was moved by Member Rustigian, 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 recordation authorized. Grantor Job No. Parcel No. Virginia Hills Investment Co., Ptshp. 2994 3 Davco Builders, Inc. 3072 2 George Edward Taylor, et ux 2986 1 Robert J. Crabtree, et ux 2986 2 Raymond D. Samberg, et ux 3062 2 Raymond D. Somberg, et ux 3062 3 Peter T. Meagher, et ux 2370 ext. 4 Raymond D. Somberg, et ux 3062 4 Raymond D. Samberg, et ux 3062 5 RESOLUTION NO. 78-201, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM VIRGINIA HILLS INVESTMENT COMPANY, PARTNERSHIP - MARTINEZ AREA (JOB NO. 2994-PARCEL NO.3) RESOLUTION NO. 78-202, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM DAVCO BUILDERS, INC., SAN RAMON AREA, JOB NO. 3072- PARCEL NO.2 RESOLUTION NO. 78-203, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM GEORGE EDWARD TAYLOR AND JANICE F. TAYLOR, (JOB NO. 2986-PARCEL NO.1) RESOLUTION NO. 78-204, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM ROBERT J. CRABTREE AND ELVA CRABTREE, WALNUT CREEK AREA, (JOB NO. 2986 - PARCEL NO.2) RESOLUTION NO. 78-205, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM RAYMOND D. SOMBERG AND MERLE G. SOMBERG, LAFAYETTE AREA, (JOB NO. 3062-PARCEL NO.2) 07 13 78 1340 07 RESOLUTION NO. 78-206, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM RAYMOND D. SOMBERG AND MERLE G. SOMBERG (JOB NO. 3062-PARCEL NO.3) RESOLUTION NO. 78-207, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO DISTRICT FROM PETER MEAGHER AND HORTENSE A. MEAGHER" ORINDA AREA, (JOB NO. 2370 EXT. - PARCEL NO.4) RESOLUTION NO. 78-208, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM RAYMOND D. SOMBERG AND MERLE G. SOMBERG (JOB NO. 3062-PARCEL NO.4) RESOLUTION NO. 78-209, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM RAYMOND D. SOMBERG AND MERLE G. SOMBERG, LAFAYETTE AREA (JOB NO. 3062-PARCEL NO.5) Motion carried by the following vote: AYES: Members: Campbell, Rustigian, Carlson and Boneysteele NOES: Members: None ABSENT: Member: Allan 2. AUTHORIZE EXECUTION OF CONSENT TO JOINT USE OF EXCLUSIVE DISTRICT EASEMENT WITH THE CITY OF PLEASANT HILL FOR USE AS DRAINAGE EASEMENT JOB NO. 1586, PARCELS 21 TO 24 AT NO COST TO THE DISTRICT 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 the City of Pleasant Hill for use as a Drainage Easement (Job No. 1586, Parcels 21 to 24) at no cost to the District and that a resolution be adopted to that effect. RESOLUTION NO.78-210 A RESOLUTION AUTHORIZING EXECUTION OF A CONSENT TO JOINT USE OF EXCLUSIVE DISTRICT EASEMENT WITH THE CITY OF PLEASANT HILL FOR USE AS A DRAINAGE EASEMENT (JOB NO. 1586 - PARCELS 21 AND 24) PLEASANT HILL AREA Motion carried by the following vote: AYES: Members: Campbell, Rustigian, Carlson and Boneysteele NOES: Members: Nane ABSENT: Member: Allan 3. AUTHORIZE EXECUTION OF "AGREEMENT RELATING TO REAL PROPERTY" WITH MR. SHELBY NOTKIN, ET UX, LOCATED AT 20 SILVERWOOD CT., ORINDA, JOB NO. 1101 Mr. Dolan, General Manager-Chief Engineer, explained that Mr. Notkin has requested permission to construct a swimming pool within a portion of an existing easement. After discussion, it was moved by Member Rustigian, seconded by Member Carlson, that the President Pro Tern and Secretary be authorized to execute an Agreement Relating to Real Property with Mr. Shelby Notkin, et ux, located at 20 Silverwood Court, Orinda, Job No. 1101 and that its recording also be authorized. Motion carried by the following vote: AYES: Members: Campbell, Rustigian, Carlson and Boneysteele NOES: Members: None ABSENT: Member: Allan 4. AUTHORIZE EXECUTION OF "AGREEMENT RELATING TO REAL PROPERTY" WITH HOFMANN CONSTRUCTION COMPANY LOCATED AT 3435 NO. MAIN STREET, PLEASANT HILL, JOB NO. 1551 Mr. Dolan, General Manager-Chief Engineer, explained that the Hofmann Company has requested permission to maintain a carport roof which encroaches into an existing 20 feet in width District easement. 13 78 1341 After discussion, it was moved by Member Campbell, seconded by Member Rustigian, that the President Pro Tern and Secretary be authorized to execute an Agreement Relating to Real Property with Hofmann Construction Company located at 3435 No. Main Street, Pleasant Hill, Job No. 1551 and also authorize its recording. Motion carried by the following vote: AYES: Members: Campbell, Rustigian and Boneysteele NOES: Members: None ABSTAINING: Member: Carlson ABSENT: Member: Allan 5. REVIEW OF SEVEN PARCELS APPLYING FOR ANNEXATION TO THE DISTRICT, DA 78-23 THROUGH 78-29, TWO PARCELS IN DANVILLE AREA, TWO IN THE ALAMO AREA AND ONE PARCEL EACH IN THE WALNUT CREEK, ORINDA AND MARTINEZ AREA This item was discussed and acted upon as first item of business following "IV. Hearings". ESTABLISH A CHARGE FOR PROCESSING OF QUITCLAIM DEEDS AND ADOPT AN ORDINANCE AMENDING DISTRICT FEES AND CHARGES 6. Mr. Dolan, General Manager-Chief Engineer, stated that this item had been discussed as part of an Engineer's Report at a previous meeting. The District spends considerable time in processing quitclaim deeds for the sole benefit of a private owner. Presently there is no fee charged for this service and it would seem proper to establish a charge of $20 per hour with a $60 minimum for the preparation of these documents. Member Carlson commented that there should also be a maximum figure established for this service. After discussion, it was moved by Member Rustigian,seconded by Member Campbell, that a charge of $20 per hour, with a minimum of $60 for work necessary to process quitclaim deeds be approved and that an ordinance amending District Fees and Charges, District Code, Chapter 11, Section 101 by adding a charge for processing quitclaim deeds be adopted and that this ordinance shall be published once in the Contra Costa Times, a newspaper of general circulation published and circulated in Central Contra Costa Sanitary District and shall become effective at the end of the week of publication. ORDINANCE NO. 135, AN ORDINANCE AMENDING DISTRICT FEES AND CHARGES, DISTRICT CODE, CHAPTER 11, SECTION10l BY ADDING A CHARGE FOR PROCESSING QUITCLAIM DEEDS It was moved by Member Carlson, seconded by Member Rustigian, that the motion be amended to include a $200 maximum for the processing of quitclaims. Motion to amend failed by the following vote: AYES: NOES: ABSENT: Members: Carlson and Rustigian Members: Campbell and Boneysteele Member: A 11 an Ori gi na 1 IìlOt i on carded by the fa 11 owi ng vote: AYES: NOES: ABSENT: Members: Members: Member: Campbell, Rustigian and Boneysteele Carlson Allan 7. CONFIRM "AMENDED ASSESSMENT DIAGRAW AND AUTHORIZE RECORDING OF SAID DIAGRAM After explanation adiscussion, it was moved by Member Campbell, seconded by Member Rustigian, that the "Amended Assessment Diagram" for the following assessment be confirmed and authorization to record said diagram be approved. 07 13 78 1342 Original Assessment Number Amended Assessment No. Apportioned Amt. 52-7-10-6 52-7-10-9 52-7-10-10 52-7-10-11 $ 5, 11 7 . 80 12,794.48 7,676.70 Motion carried by the following vote: AYES: Members: Campbell, Rustigian, Carlson and Boneysteele NOES: Members: None ABSENT: Member: Allan 8. AUTHORIZE SUPPLEMENTAL FUNDING FOR VARIOUS SEWER CONSTRUCTION ACCOUNTS Mr. Dolan, General Manager-Chief Engineer, requested that this item be deferred to the next meeting. 9. AUTHORIZE $3,600 FOR THE INSTALLATION OF A THREE TON YORK SELF- CONTAINED WATER COOLED AIR CONDITIONING UNIT IN THE UNINTERUPTIBLE POWER SOURCE ROOM Mr. Dolan, General Manager-Chief Engineer, explained that a cooling system is needed to protect the uninterruptible power source equipment which is a solid state system that cannot withstand high temperatures. After discussion, it was moved by Member Rustigian, seconded by Member Campbell, that authorization of $3,600 for the installation of a three ton self-contained water cooled air conditioning system in the UPS room be approved. Motion carried by the following vote: AYES: Members: Campbell, Rustigian, Carlson and Boneysteele NOES: Members: None ABSENT: Member: Allan 10. CLAIM OF PAT JARVIS, 1911 POMAR WAY, WALNUT CREEK FOR $177 IN PROPERTY DAMAGE After explanation and discussion, it was moved by Member Rustigian, seconded by Member Carlson that the claim of Pat Jarvis, 1911 Pomar WAy, Walnut Creek for $177 in property damage be approved. Motion carried by the fo 11 owi ng vote: AYES: Members: Campbell, Rustigian, Carlson and Boneysteele NOES: Members: None ABSENT: Member: Allan 11. PERSONNEL a. APPOINTMENT OF BRUCE CASTILLO TO THE POSITION OF PLANT ATTENDANT, RANGE 49-A, $1,014, EFFECTIVE 7/1/78 After discussion, it was moved by Member Campbell, seconded by Member Carlson, that Bruce Castillo be appointed to the position of Plant Attendant, Range 49-A, effective July 1, 1978 and that a resolution be adopted to that effect. RESOLUTION NO. 78-211, A RESOLUTION APPOINTING BRUCE CASTILLO TO THE POSITION OF PLANT ATTENDANT Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Campbell, Rustigian, Carlson and Boneysteele None Allan 07 13 78 1343 b. APPOINTMENT OF DAVID ALLEN TO THE POSITION OF OPERATOR III RANGE 65-C, $1,627, EFFECTIVE 8/1/78 After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Campbell, seconded by Member Carlson, that David Allen be appointed to the position of Operator III, salary range 65-C, $1,627, effective August 1, 1978 and that a resolution be adopted to that effect. RESOLUTION NO. 78-212, A RESOLUTION APPOINTING DAVID ALLEN TO THE POSITION OF OPERATOR III Motion carried by the following vote: AYES: NOES: ABSENT: Members: Campbell, Rustigian, Carlson and Boneysteele Members: None Member: Allan 12. REQUEST OF DONALD L. BONE OF BONE, ROBERTSON AND MCBRIDE, INC. INSURANCE BROKERS TO APPEAR BEFORE THE BOARD REGARDING DISTRICT'S INSURANCE Mr. Dalton, Deputy General Manager-Chief Engineer, advised that until the insurance audit report is received from Warren, McVeigh and Griffin, this matter cannot be properly discussed and requested that this item be put over. Mr. Bone had advised that he would not be present. 13. REQUEST FOR RATE ADJUSTMENT BY PLEASANT HILL BAY SHORE DISPOSAL COMPANY Mr. Dolan, General Manager-Chief Engineer, explained that Pleasant Hill Bay Shore Disposal Company has not requested a rate increase for ten years due to Mr. Olney.s refusal to abide by the District Board's policy that the books of a franchisee be reviewed prior to granting any rate increase. Discussion followed, afterwhich it was the consensus of the Board that staff be directed to contact Mr. Olney and request that he prepare a cost analysis for review by the office of J. S. Plourde Accountancy, the District's consulting accounting firm. 14. APPROVAL OF BILLS FOR LITIGATION SERVICES After explanation, it was moved by Member Carlson, seconded by Member Rustigian, that statements from James Carniato, District Counsel, dated July 5, 1978 referring to the Early, Peterson-Simpson and Kaiser Industries matters totalling $11,770.23 be approved. Motion carried by the following vote: AYES: Members: Campbell, Rustigian, Carlson and Boneysteele NOES: Members: None ABSENT: Member: Allan Board Members acknowledged the updated litigation cost analysis as prepared by Mr. Hopkins, Secretary of the District. 15. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA a. EXECUTION OF LEASE DOCUMENT AND AGREEMENT FOR MONTH TO MONTH TENANCY WITH O. EINEVOLL FOR TREATMENT PLANT PROPERTY Mr. Dolan, General Manager-Chief Engineer, requested that this item be considered at the next regular meeting. b. BOARD APPOINTMENT TO THE REGIONAL PLANNING COMMITTEE OF ABAG Mr. Dolan, General Manager-Chief Engineer, advised that Supervisor Diridon had contacted him requesting thät-CèntralSäÍ1-represent £jYèêîãî Districts on an ABAG Regional Planning Commitee. There will be 12 public members a~d 25 ~egular ABAG members on the committee. It was suggested by Supervlsor Dlredon that Member Boneysteele might be appointed to serve on that committee. 07 13 78 1344 After discussion, it was moved by Member Carlson and seconded by Member Rustigian, that Member Boneysteele be authorized to represent the District on the ABAG Regional Planning Committee. Motion carried by the following vote: AYES: NOES: . ABSENT: Members: Campbell, Rustigian and Carlson Members: None Member: Allan President Pro Tern Boneysteele stated that he would be pleased to represent the District on the Committee, however, since these will be afternoon meetings, his appointment will have to be subject to obtaining clearance from his employer. RECLASSIFICATION OF SIDNEY MILLER TO THE POSITION OF SHIFT SUPERVISOR, RANGE 71-B, $1,790, EFFECTIVE 8/1/78 c. Mr. Dolan, General Manager-Chief Engineer, explained that Mr. Miller's qualifications and credentials qualify him for the lateral transfer to the position of Shift Supervisor. After discussion, it was moved by Member Campbell, seconded by Member Carlson, that Sidney Miller be reclassified to the position of ShiftSupervisor, Range 71-B, $1,790, effective August 1, 1978, and that a resolution be adopted to that effect. RESOLUTION NO. 78-213, A RESOLUTION RECLASSIFYING SIDNEY MILLER TO THE POSITION OF SHIFT SUPERVISOR Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Member: Campbell, Rustigian, Carlson and Boneysteele None A 11 an VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan gave an Engineers Report for the month of June. Collection System Operation So far this year (1977/78) the new connections have dropped to 2819 from 2865 for the same period of 1976/77. The Oak Park trunk sewer ,project is nearly completed. The pipeline has been completed on the San Ramon Summit trunk project (asp 2742). Steward Avenue and Diablo Road projects are ready for advertising. Tassajara Road trunk design is 80% complete. Treatment Plant Daily average flow for June was 28.7 MGD. Temporary sludge hauling and disposal is continuing to cost $80,000 per month. Repair of the dry scrubber support system, which is preventing use of the furnaces, is continuing to delay start-up. b. Mr. Dolan reported on the status of the negotiations for the Kiewit property and the Lagiss property. Staff has submitted offers with no response. It was the consensus of the Board to keep the negotiations open. 07 13 78 1345 c. Mr. Dolan advised that the Treatment Plant has instituted a news letter as a means of information and communication between shift personnel and other sections. d. Mr. Dolan advised that he has scheduled an EPA plant tour. Mr. Harold Cahill of the EPA will be touring the plant and he is interested in the garbage-energy-sludge disposal project. e. Mr. Dolan reported that, unfortunately, the status of 5B-I is unclear at the present time, since in addition to J. B. Gilbert's scope of work, the EPA has not stated what it wants. f. Mr. Dolan advised that the District may have to revert to a different system in collecting the Environmental Quality Charge. Mr. McCoy has been investigating different options other than the present collection on the tax roll. g. Mr. Dolan reported that he discussed with the Solid Waste Commission the District Board's position on the proposed County imposed enforcement charge against Acme Fill as an eligible franchise cost of the garbòge collectors in the District franchise area. Supervisor Hazeltine had a negative reaction to this position. 2. COUNSEL FOR THE DISTRICT Mr. Carniato will present his report in executive session. 3. SECRETARY None. 4. COMMITTEES None. IX. MATTERS FROM THE FLOOR a. Board Members discussed the CASA meeting being held in San Diego at the Rancho Bernardo Inn, August 23-26. After discussion, it was moved by Member Campbell, seconded by Member Rustigian, that four Board Members and three staff members be authorized to attend the CASA Annual Work Conference in San Diego at the Rancho Bernardo Inn, August 23-26. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Campbell, Rustigian, Carlson and Boneysteele None A 11 an b. Mr. Carniato, District Counsel, explained that Mr. James Boyd, a District employee, has requested to withdraw his funds from the Deferred Compensation Plan. Upon investigation, it was the consensus of the Deferred Compensation Committee that a definite hardship does exist in this matter and Mr. Boyd should be allowed to withdraw a portion of the funds in his account. After discussion, it was the consensus of the Board to take no action at this time but to await further legal developments in this case. At 11:30 P.M., President Pro Tern Boneysteele declared an executive session. At 11:45 P.M., President Pro Tern Boneysteele closed the executive session. 07 13 78 1346 As a result of the executive session, it was moved by Member Carlson, seconded by Member Rustigian, that the Peterson-Simpson claim be denied. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Rustigian, Carlson and Boneysteele None Allan x. ADJOURNMENT At 11:47 P.M., President Pro Tern Boneysteele adjourned the meeting to Saturday, July 22, 1978, at 9:00 A'~~~ President Pro Tern of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secret y of the D' rict Board of the Central Contra Cas a Sanitary District, County of Contra Costa, State of California 07 13 78