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HomeMy WebLinkAboutBOARD MINUTES 09-21-78 1388 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD SEPTEMBER 21,1978 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 September 21,1978, at 7:30 P.M. President Allan requested the Secretary to call roll. I. ROLL CALL PRESENT: ABSENT: ~1embers : r~embers : Campbell, Boneysteele, Rustigian, Carlson and Allan None II. APPROVAL OF MINUTES After discussion, it was moved by Member Campbell, seconded by Member Boneysteele, that the minutes of August 31,1978 be approved with the correction of a typographical error and the following deletion: Under IIVI I. NEW BUSINESS, delete the word lIitsli. 7. PERSONNELII, in the first paragraph Motion was unanimously approved. III. APPROVAL OF EXPENDITURES After discussion, it was moved by Member Carlson, seconded by Member Rustigian, that the expenditures for SIC Nos. 393 through 405, together with SIC Voucher Nos. 3336 through 3346; R/E Voucher Nos. 4789 through 4857, toegher with Voucher Nos. 4865 through 5060; and Payroll Voucher Nos. 3030 through 3255, be approved. Motion was unanimously approved. IV. HEARINGS None. V. BIDS None. VI. OLD BUSINESS 1. PETERSON-SIMPSON SUIT As indicated in the meeting of September 7, 1978, Peterson/Simpson has filed a complaint suit against Central San in the amount of $20,616,625 alleging a breach of contract. Mr. Carniato, District Counsel stated that he is in the process of preparing a counter suit on behalf of the Di stri ct. HIRING A PUBLIC INFORMATION CONSULTANT AT A COST OF UP TO $2,800 FOR FISCAL YEAR 1978-79 2. After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Rustigian, seconded by Member Carlson, that authorization to hire Mr. Paul Fletcher of Innovative Communications, Inc., on a case- by-case basis to produce public information materials at a fee not to exceed $35 per hour and not to exceed $2,800 for the fiscal year 1978/79 be approved. Motion was unanimously approved. 09 21 7,8 1389 It was the consensus of the Board that the General Manager-Chief Engineer instruct Mr. Fletcher to draft a press release explaining once again to the public the $78 Environmental Quality and the reason it appears on the property tax bills. 3. ADOPT AN ORDINANCE CHANGING CODE SECTIONS 4-407,4-408, 4-412, 4-413,4~T4, AND 4-417 AUTHORIZING THE GENERAL MANAGER-CHIEF ENGINEER TO APPROVE THE ESTABLISHMENT OF ELIGIBILITY LISTS AND THE AUTHORITY TO APPOINT A CANDIDATE FROM AMONG THE TOP THREE CANDIDATES ON THE LIST TO FILL A POSITION CREATED BY THE BOARD Mr. Dolan, General Manager-Chief Engineer, explained that in response to a Board request, staff has prepared an ordinance for Board review and adoption changing sections of Chapter 4 of the District Code which will authorize the General Manager-Chief Engineer to establish certian eligibility lists and make appointments to authorized positions from the top three eligible candidates on the lists. This authority is limited to appointment of non-management positions, which excludes department heads, division heads, Personnel Officer, Finance Officer, Secretary of the District, the Deputy General Manager-Chief Engineer, and the General Manager-Chief Engineer. District Counsel has reviewed the language contained in the ordinance and found it to be satisfactory. Mr. Jack Case, President of the Employees Association, commented that a committee from the Employees Association has been working diligently on the revision of Chapter 4. Mr. Case feels that the Employees Association would have no objection to the revisions as outlined by staff. However, he reserves rights for of the Employees Association to discuss it further with management at the time they present their total revisions of Chapter 4. After discussion, it was moved by Member Campbell, seconded by Member Carlson, that an ordinance changing Sections 4-407, 4-408, 4-412, 4-413,4-414 and 4-417 of the District Code be adopted as presented and that this ordinance shall be a general regulation of the District and shall be published once in the Contra Costa Times, a newspaper of general circulation published and circulated in Central Contra Costa Sanitary District and shall be effective upon expiration of the week of publication. ORDINANCE NO. 138, AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Campbell, Boneysteele, Rustigian, Carlson and Allan None None 4. ST. MARY'S AGREEMENT Mr. Carniato, District Counsel, advised that at the meeting of August 31,1978 the Board approved the concept of the proposed St. Mary.s Agreement. Mr. Carniato has reviewed the language contained in the agreement and finds it to be acceptable and is therefore requesting execution of the Agreement. After further discussion, it was moved by Member Rustigian, seconded by Member Campbell, that the President and Secretary be authorized to execute the Central Contra Costa Sanitary District/St. Mary's College Pre-Litigation Settlement Agreement and that a resolution be adopted to that effect. RESOLUTION NO. 78-262, A RESOLUTION AUTHORIZING THE PRESIDENT AND SECRETARY TO EXECUTE THE SETìLEMENT AGREEMENT BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT AND ST. MARY'S COLLEGE Motion was unanimously approved. 09 21 78 1390 VI!. NEW BUSINESS 1. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING It was moved by Member Carlson, seconded by Member Rustigian, that the easements, as listed below, be accepted at no cost to the District, respective resolutions adopted, and recordation authorized. Grantor Job No. Parcel No. Cent ex Homes 3054 lA thru G UWC, Walnut Creek Assoc. 3066 6 Ridgecrest East, Ltd. 3103 4 Earl Foster, et ux 3041 3 Adrian Karris. et ux 3064 2 RESOLUTION NO. 78-274, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM CENTEX HOMES OF CALIFORNIA, INC., A CALIFORNIA CORP., PLEASANT HILL AREA, JOB NO. 3054, PARCEL lA THROUGH G RESOLUTION NO. 78-275, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM UWC, WALNUT CREEK ASSOCIATES, A LIMITED PARTNERSHIP, WALNUT CREEK AREA, JOB NO. 3066, PARCEL NO.6 RESOLUTION NO. 78-276, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM RIDGECREST EAST LIMITED, WALNUT CREEK AREA, JOB NO. 3103, PARCEL NO.4' RESOLUTION NO. 78-277, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM EARL FOSTER AND ALICE M. FOSTER, WALNUT CREEK AREA JOB NO. 3041, PARCEL NO.3 RESOLUTION NO. 78-278, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM ADRIAN KARRIS AND BETTY J. KARRIS, WALNUT CREEK AREA, JOB NO. 3064, PARCEL NO.2 Motion was unanimously approved. 2. AUTHORIZATION FOR ONE PARCEL PA 78-47, ORINDA AREA, TO BE INCLUDED IN PENDING ANNEXATION TO THE DISTRICT After discussion, it was moved by Member Carlson, seconded by Member Campbell, that authorization for one Parcel, PA 78-47, Orinda Area, to be included in pending annexation to the District be approved. Motion was unanimously approved. 3. CONFIRt~ "AMENDED ASSESSMENT DIAGRAM" AND AUTHORIZE RECORDING OF SAID DIAGRAM After explanation, it was moved by Member Rustigian, seconded by Member Carlson, that the "Amended Assessment Diagram" for the following assessment be confirmed and authorization to record said diagram be approved. Original Assessment Number Amended Assessment No. Apportioned Amt. 52-7-15-5 52-7-15-15 -16 $2,888.58 2,888.58 Motion was unanimously approved. 4. FCC AUTHORIZATION Mr. Dolan, General Manager-Chief Engineer. advised that the FCC requires that the signature on license applications or renewals must be that of an elected official or a person specifically appointed by the 09 21 78 1391 Board. Captain Alan Burton, Communications Director, Contra Costa County Sheriff's Office, has been handling these matters for the District for a long period of time and staff requests that he be appointed to continue this service. After discussion, it was moved by Member Campbell, seconded by Member Carlson, that Captain Alan Burton, Communications Director, Contra Costa County Sheriff1s Office, be appointed to act for the District in matters relating to radio station license applications or renewals. Motion was unanimously approved. 5. TRANSFER OF UP TO $2,000,000 FROM SEWER CONSTRUCTION FUND TO RUNNING EXPENSE FUND After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer, as to the necessity of transferring the requested amount of funds, it was moved by Member Boneysteele, seconded by Member Carlson, that authorization to transfer $2,000,000 from the Sewer Construction Fund to the Running Expense Fund be approved. Motion was unanimously approved. 6. RISK MANAGEMENT SEMINAR After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Carlson, seconded by Member Campbell, that authorization for Walter N. Funasaki, Finance Officer, to attend a Risk Management Seminar conducted by Warren, McVeigh and Griffin, in San Francisco on October 9-10,1978 at a cost of $445 be approved. Motion was unanimously approved. 7. PURCHASE OF AN ADVANCED CHLORINATOR FOR ODOR CONTROL AT A COST OF $1,700 Mr. Dolan, General Manager-Chief Engineer, explained that there is an odor problem within the plant site at the point where the Martinez line changes from a force main to a gravity line. The installation of an Advanced Gas Chlorinator at this point is necessary to control the odor problem. Discussion followed concerning the use and handling of chlorine at our plant in light of the recent publicity in regard to the use of the chemical at San Francisco and EBMUD sewage treatment facilities. It was moved by Member Boneysteele, seconded by Member Rustigian, that authorization to purchase an Advanced Gas Chlorinator for odor contral at a cost of $1,700 be approved. Motion was unanimously approved. 8. PERSONNEL Engineering: a. REQUEST OF CHARLOTTE CLIFFORD, ENGINEERING AID III, FOR A 6 MONTH LEAVE OF ABSENCE 10/1/78 THROUGH 3/31/79 After explanation by Mr. Dolan, General Manager-Chief Engineer, and discussion by the Board, it was moved by Member Boneysteele, seconded by Member Carlson, that Charlotte Clifford be granted a six-month leave of absence, due to a health condition, commencing October 1, 1978 through March 31,1978. Motion was unanimously approved. It was the consensus of the Board that the balance of the Personnel Items be considered together and acted upon by one motion. It was moved by Member Boneysteele, seconded by Member Campbell, that Engineering Item b., and Plant Operations Items a. through d. be approved and respective resolutions adopted. 09 21 78 1392 b. APPOINTMENT OF DIANE CAPPUCINI TO THE POSITION OF RECORDS CLERK, PERMANENT INTERMITTANT, RANGE 49-A, $1,014, EFFECTIVE 9/21/78 (Resolution No. 78-279) Plant Operations a. APPOINTMENT OF STEVEN COLBERG TO THE POSITION OF OPERATOR III, RANGE 65-A }1,478, EFFECTIVE 10/1/78 - (Resolution No. 78-280) b. APPOINTMENT OF OLLIE DOWNING TO THE POSITION OF OPERATOR III, RANGE 65-A }1,478, EFFECTIVE 10/1/78 - (Resolution No. 78-281) c. APPOINTMENT OF JOHN REILLY TO THE POSITION OF OPERATOR III, RANGE 65-A §1,478, EFFECTIVE 10/1/78 - (Resolution No. 78-282) d. APPOINTMENT OF ROBERT BOASE TO THE POSITION OF OPERATOR III, RANGE 65-A }1,478, EFFECTIVE 10/1/78 - (Resolution No. 78-283) Motion was unanimously approved. 9. APPROVAL OF BILLS FOR LITIGATION SERVICES After discussion, it was moved by Member Campbell, seconded by Member Carlson, that the four statements dated September 8,1978 from John J. Carniato, District Counsel, for services rendered in the Early, Great Western Company, Matthews vs. CCCSD and Peterson/Simpson matters, totalling $17,141, be approved. Motion was unanimously approved. 10. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA a. REVIEW OF RISK MANAGEMENT AUDIT BY INSURANCE AGENT Mr. Dolan, General Manager-Chief Engineer, requested that the Board review the letter received from Schroder Insurance Agency. Mr. Walter Funasaki, Finance Officer, briefed the Board on the contents of the letter. He stated that Schroder Insurance concurs with staff that caution should be exercised in adopting a self-insurance program. Our decision should not be based on the favorable loss factor experienced by the District in the past. Due to District growth and additional hazards resulting from the operation of the new Water Reclamation Facility. it is impossible to anticipate the losses for the future. Discussion followed. b. AUTHORIZATION FOR ROBERT A. BAKER TO ATTEND THE WPCF CONFERENCE After explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Campbell, seconded by Member Rustigian, that authorization for Robert A. Baker to attend the WPCF Conference in Anaheim on October 1-6,1978, at a cost of $440 to include transportation, registration and expenses, be approved. Motion was unanimously approved. c. SUBMITTAL OF 1977-78 ANNUAL AUDIT BY J. S. PLOURDE ACCOUNTANCY CORP. Mr. Dolan, General Manager-Chief Engineer, advised the Board that the Annual Audit was distributed to the Board for their inspection. Should the Board desire, Mr. Plourde will provide personal explanation of the aud it. VII 1. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER Mr. Dolan summarized his Engineers Report for the month of August as follows: 09 21 78 1393 Treatment Plant a. l. 28.35 MGD. The average daily flow through the plant for August was 2. The influent pumping crisis has passed with No.2 Engine operating, but other machinery is not yet in working order. 3. During the period when we were making an effort to reduce our solids inventory, the discharge requirements were exceeded several times. Chemicals are being used to control the situation and NPDES requirements a re be i ng met. 4. The quality of dewatered sludge has been held to an approximate 30% total solids. Brown and Caldwell engineers on the site were responsible for attaining this sludge quality. b. Pump Stations l~ There is a bank errosion problem at the Moraga Pumping Station that has necessitated the relocation of our security fence. Upstream developers, EBMUD, flood control, Town of Moraga, etc., have been put on notice that they will be considered responsible for any further aggravation. 2. Orinda Crossroads Station access through property acquired from BARTO is under study and preliminary work to develop an access across this parcel will get underway this year. c. Engineering 1. Plans have been completed for the Sycamore Va11ey-Tassajara Road trunk sewer to be constructed by Blackhawk. Design was resumed on Watershed 23 to connect to the Oak Park Boulevard trunk project. 2. The Diablo Road project and the Stewart Avenue parallel job have been awarded and work has been completed on the Ferry Street parallel sewer in Martinez. 3. Permits completed and home sewer connections are lagging behind last year1s rate. d. Collection System Operation 1. Service calls continued at the same rate during August as they did in July. 2. Nearly 50,000 feet of sewer pipe was televised. miles of the system was cleaned. 3. Lining of 715 feet of existing pipe in Orinda and replacement of two major root lines in Moraga and Lafayette were accomplished in August. Over 45 4. A sulphide profile was taken in an effort to define corrosion and odor problems. The study confirmed that Concord contributed a significant sulfide load and staff has requested the City to institute a chlorination program. e. Mr. Dolan indicated that he has been appointed to Tri-Tac Committee to represent CASA. He has also been appointed to a CASA coordinating committee dealing with Special Districts. Mr. Dolan advised, that he would be attending the CWPCA Conference in San Diego on Saturday, as previously authorized by the Board. 09 21 78 1394 f. Mr. Dolan advised that it has been proposed by the solid waste collectors that Boyd Olney, Fred Fagliano, Frank Boerger and himself, inspect some solid waste handling and incineration operations. He will keep the Board informed. g. Mr. Dolan reported that Brown and Caldwell has appointed Mr. Dick Abberly to act as 5A-I Project Manager replacing David Eisenhauer and Ted Saunders. h. Mr. Dolan advised that the Contra Costa County Water District has requested that Central San join them in their suit against the State Water Resource Control Board wherein the Water District alleges the State Board's inadequacy in drawing up the EIR and making vital decisions pertaining to the Delta. Board discussion followed, after which it was the consensus that the General Manager-Chief Engineer draft a letter advising the Water District that Central San does not feel it can join in the suit. j. Mr. Dolan informed the Board that SB 1855 has been signed by the Governor, which provides funding for the solid waste energy projects. He also advised that the Governor has signed SB 2167, which could result in the Simi Valley conditions being imposed on the District by EPA. 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato indicated that he will provide the Board with information and reports concerning the Peterson/Simpson suit. However, it will be some time before there will be any definitive reports in terms of all the issues. b. Mr. Carniato advised as to the status of the Early case and also in regard to the judgment on Paul's Market. c. Mr. Carniato informed that the offers for the proposed office building sites have been submitted and he should have more definitive information at the next meeting. 3. SECRETARY a. President Allan requested that the Secretary send to the Board Members copies of a letter from Mike Dillon of CASA regarding the final update on selected legislation of interest to CASA. 4. COMMITTEES Member Boneysteele commented on the ABAG Regional Planning Committee meeting and read portions of the EPA Requirement Agreement to the Board. IX. MATTERS FROM THE FLOOR a. Member Carlson expressed pleasure with the Collection System Operations Report for the Fiscal Year 1977/78 as prepared by Robert H. Hinkson. b. President Allan commented on the good appearance of the yard and the new wall in front of the District Office. c. Member Rustigian commented that he was attending his last meeting prior to his resignation from the Board on October 1. He complimented the Board and staff on their competence and expertise and stated that it had been a pleasure to serve as a Board Member. Board Members expressed their appreciation to Member Rustigian for his diligence and tenacity throughout his fourteen years of service on the Board. 09 21 78 1395 It was moved by Member Boneysteele. seconded by Member Carlson, that District Counsel be instructed to draft a resolution commending Member Rustigian for all his efforts and advice throughout his years of service to the District. RESOLUTION NO. 78-284, A RESOLUTION COMMENDING GEORGE A. RUSTIGIAN FOR HIS SERVIC TO THE DISTRICT AS A MEMBER OF THE BOARD OF DIRECTORS Motion was unanimously approved. d. Board Members discussed the type of procedure to be considered in selecting a new member to fill the vacancy created by the resignation of Member Rustigian. e. Member Boneysteele commented that the Board should consider reverting to three meetings a month, with the third meeting being strictly a study session. With only two meetings, there are times when the Agenda is so heavy that it is difficult to give adequate consideration to some of the weighty matters. After discussion, it was the consensus that a meeting be set for the last Thursday in October (October 26, 1978) for the purpose of discussing legal and policy matters. x. ADJOURNMENT At 10:20 P.M., President Allan adjourned the meeting. Pre ent of the Dis rlct Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: , Secre a of the Distri Board of the Central Contra Costa Sanitary District. County of Contra Costa, State of California 09 21 78