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HomeMy WebLinkAboutBOARD MINUTES 02-15-79 1465 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT FEBRUARY 15, 1979 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 February 15, 1979 at 7:30 P.M. President Carlson requested the secretary to call roll. I. ROLL CALL PRESENT: Members: ABSENT: Members: Stanley, Boneysteele, Allan, Campbell and Carlson None II. APPROVAL OF MINUTES None. III. APPROVAL OF EXPENDITURES The Expenditure Committee indicated that they had reviewed the expenditures and after discussion, it was moved by Member Campbell, seconded by Member Boneysteele, that the Expenditures for SIC Voucher Nos. 3425 through 3435, together with SIC Voucher Nos. 494 through 512; RIE Voucher No. 6200 through 6455; and Payroll Voucher Nos. 4157 through 4396, be approved. Motion was unanimously approved. IV. HEARINGS 1. OFFICE SITE EMINENT DOMAIN PROCEEDINGS HEARING Mr. Carniato, District Counsel, requested that this Hearing be delayed to the first meeting in March. The matter will be discussed further in Executive Session under "VI. Old Business, Item I" of the agenda. V. BIDS None VI. OLD BUSINESS Mr. Dolan, General Manager-Chief Engineer (GM-CE), requested that the Board digress from the order of the agenda to consider "Item 3" under "VI Old Business", as there was a person in the audience having particular interest in this item. Board voiced no objection. 3. EIR, PROPOSED LAKE ORINDA HIGHLANDS DEVELOPMENT After explanation of the Lake Orinda Highlands matter by Mr. Dolan, GM-CE, President Carlson called upon Ms. Nancy Stickel, resident of the area. She addressed the Board expressing concern over the expense of the Environmental Impact Report being requested by the District for the proposed sewering project which will serve portion of Lake Orinda Highlands. She stated that she had received a letter from Mr. Thiessen, proponent of the project, that his consultant indicated the District is requiring an EIR of major magnitude. Ms. Stickel questioned the need for such an EIR. She also questioned progress on her petition for annexation. 02 15 79 1466 Mr. Carniato, District Counsel, advised that he had met with Mr. Thiessen and his consultant, and the only issues Mr. Thiessen had raised with the District were as follows: (1) Did he need an EIR and if needed, (2) what would be the scope of the EIR. The District had determined that an EIR was necessary. Therefore, the only remaining question was whether the area outside the District would be the sole focus of the EIR or should it also include areas within the District located along the proposed sewer route. Upon review, it was determined that according to the CEQA Guidelines, if all the affected areas were not included, the EIR would not be valid. If the EIR is approved, then other properties wishing to connect to this system could use the same ErR and the initial cost could be apportioned. In answer to Ms. Stickells question as to the processing of her petition for annexation, Mr. Carniato indicated it had been mentioned to her that action on the application should wait until Mr. Thiessen's development had been fully approved. Member Stanley explained that the EIR, as covered by State regulation, should also include the growth inducing impacts on of the area and what effect that would have on the capacity of the sewer line. Mr. Carniato, District Counsel, stated that if any further explanation is needed, , he would be willing to discuss the problem; however, Mr. Thiessen has made no indication of any problem. Ms. Stickel thanked the Board and staff for their time and consideration. President Carlson reverted to the order of the agenda. 1. REPORT ON POSSIBLE LITIGATION REGARDING OFFICE SITE EMINENT DOMAIN PROCEEDINGS, TO BE PRESENTED IN EXECUTIVE SESSION Mr. Carniato, District Counsel, requested that this matter be deferred to the end of the meeting. 2. CONSIDERATION OF A "PRELIMINARY ENVIRONMENTAL ASSESSMENT" FOR DSP 3162, MORAGA ROAD, MORAGA, WS 10 WEST Mr. Dolan, GM-CE, explained that the Board authorized funds for this project on December 7, 1978 and the project now requires that a "Notice of Exemption" be filed in accordance with the California Environmental Quality Act. After discussion, it was moved by Member Campbell, seconded by Member Allan, that a "Notice of Exemption" be filed stating that DSP 3162 is categorically exempt and does not require further environmental assessment. Motion was unanimously approved. 3. EIR, PROPOSED LAKE ORINDA HIGHLANDS DEVELOPMENT This item was considered as first item of business under "VI. Old Business". 4. REPORT ON ELECTION BY MAIL Mr. Carniato, District Counsel, distributed copies of a letter received from Lon K. Underwood, Election Supervisor for the County. Due to changes in the Uniform District Election Law (UDEL) enacted in the 1978 legislature session, the School Governing Board Elections will be held at the same time as the UDEL elections. In this manner, the election costs for both types of districts will be reduced as a result of cost sharing. In 1975, Central San's election cost was approximately $40,000. Under the new legislation (AB 2224), the 1979 poll election would cost approximately $20,000. If the District should opt for a mailed ballot election, the approximate cost would be $50,000 or more. Discussion followed after which Board Members thanked Mr. Carniato for his research on the matter. 02 15 79 1467 VI I. NEW BUSINESS 1. ACCEPTANCE OF EASEMENT AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTION AND AUTHORIZE RECORDING It was moved by Member Allan, seconded by Member Campbell, that the easement from William Smejkal and Joanne Smejkal, Martinez Area, Job No. 1844, Parcel Miscellaneous, be accepted at no cost to the District, a resolution adopted and recordation authorized. Resolution No. 79-32. Motion was unanimously approved. 2. ACCEPTANCE OF EASEMENT AT A COST OF $520 TO THE DISTRICT, ADOPTION OF RESPECTIVE RESOLUTION AND AUTHORIZE RECORDING Mr. Dolan, General Manager-Chief Engineer, advised that subsequent to Mr. King's refusal to grant the easement, on July 27,1978 the Board authorized condemnation proceeding. After filing the condemnation action, Mr. King's attorneys offered to settle out of court for $520. District Counsel accepted the offer. After discussion, it was moved by Member Campbell, seconded by Member Allan, that the easement from Mr. Scott King, Danville Area, DSP 2904, Parcel 2, be accepted at a cost of $520 to the District, a resolution adopted to that effect and its recordation authorized. Resolution No. 79-33. Motion was unanimously approved. AUTHORIZATION OF EXPENSES AND TRANSPORTATION FOR JOHN WALTER, MACHINE ~HVP ~VKtMAN, IV CONFER WITH EQUIPMENT MANUFACTURER IN HOUSTON, TEXAS Mr. Dolan, GM-CE, explained that the Treatment Plant has two 75 Hp Worthington Air Compressors with a history of extensive maintenance in order to keep them operational. The contractor has been put on notice that the operation of the units is unacceptable but has failed to take corrective action. 3. The Plant Maintenance Section has found by using different valves from those supplied with the units, a marked improvement has occurred in the efficiency of the compressors. The ability to use the new type valves manufactured by Texcentric, Inc., could also constitute a saving of $12,000 each time a complete set of valves are changed in the compressors. Therefore, the engineering division of Texcentric, Inc., at their headquarters in Houston, Texas, is willing to work with the District in order to correct the valve problem. It has been noted that the valves fatigue after a short time in operation but the consensus is that the problem lies within the compressor itself and not just with the valves. After discussion, it was moved by Member Allan, seconded by Member Stanley, that John Walter, Machine Shop Foreman, be authorized two days expenses and transportation to confer with Texcentric, Inc., in Houston, Texas, at an estimated cost of $550. Motion was unanimously approved. AUTHORIZE $2,400 FOR CONSTRUCTION OF A CHAIN LINK FENCE (CL6) NORTH OF VISITOR'S PARKING LOT AT THE PLANT ADMINISTRATION BUILDING 4. Mr. Dolan, GM-CE, explained that at the present time, there is nothing to prevent unauthorized personnel from going into the plant area. This has resulted in unauthorized visits without knowledge of plant personnel. The District's insurance carrier has requested that the District modify the plant security measures to prevent unauthorized access to the treatment plant and critical control areas. After discussion, it was moved by Member Campbell, seconded by Member Stanley, that $2,400 be authorized for the construction of a chain link fence and gate system on the North side of the visitor's parking lot. Motion was unanimously approved. 02 15 79 1468 AUTHORIZE $140 FOR GAIL KOFF, PERSONNEL OFFICER, TO ATTEND CONFERENCE ON JOB ANALYSIS IN SAN FRANCISCO, 2/20-21/79 5. After explanation by Mr. Dolan, GM-CE, it was moved by Member Allan, seconded by Member Stanley, that Gail Koff, Personnel Officer, be authorized to attend a conference on job analysis in San Francisco on February 20-21, 1979 at a cost of $140. Motion was unanimously approved. AUTHORIZE PAYMENT OF $309.28 INVOICE FROM MACKINLAY, WINNACKER, MCNEIL & ASSOCIATES 6. Mr. Dolan, GM-CE, explained that staff is presenting the invoice from MacKinlay, Winnacker, McNeil & Associates because the agreement between the District and the architect has not been consummated and an authorization to pay this invoice is necessary. For the benefit of Member Stanley, who was not serving on the Board at that time, Mr. Dolan, GM-CE, explained the programs the District had initiated with the architect for preliminary work on the proposed office building site prior to execution of a contract. After further discussion, it was moved by Member Campbell, seconded by Member Boneysteele, that authorization to pay the statement from MacKinlay/Winnacker/McNeil AlA & Associates in the amount of $309.28 be approved. Motion was unanimously approved. AUTHORIZE $800 FOR THE PURCHASE OF TWO HEAVY DUTY PORTABLE HEATERS FOR PLANT STORAGE BUILDING 7. Mr. Dolan, GM-CE, explained that the District had planned to include in the 5B-I contract, heating and certain other modifications for the metal building purchased from Peterson/Simpson. However, there has been a 12-15 month delay in the 5B-I contract. As an interim solution, staff proposes to purchase two heavy duty portable heaters to raise the temperatures in the structure sufficient to permit intended maintenance activities therein. After discussion, it was moved by Member Allan, seconded by Member Stanley, that authorization of $800 to purchase two heavy duty portable heaters for the metal storage building be approved. Motion was unanimously approved. 8. PERSONNEL Administration a. ADOPT CLASS DESCRIPTION FOR RECORDS CLERK After explanation by staff, it was moved by Member Stanley, seconded by Member Allan that the new class description for Records Clerk be approved and a resolution adopted to that effect. Resolution No. 79-34. Motion was unanimously approved. Member Allan requested that the following three personnel items be considered under a single action. Engineering a. CANCEL ELIGIBILITY LIST FOR THE POSITION OF ENGINEERING AID I (EXPIRED 1/31/79) Plant Operations a. CANCEL ELIGIBILITY LIST FOR POSITION OF OPERATOR I CANCEL ELIGIBILITY LIST FOR POSITION OF OPERATOR II b. 02 15 79 1469 After explanation by staff that less than three persons remained on each of these three lists and discussion, it was moved by Member Stanley, seconded by Member Allan, that current eligibility lists for the positions of Engineering Aid I, Operator I, and Operator II be cancelled. Motion was unanimously approved. Member Stanley questioned the necessity for Board action on cancellation of eligibility lists. Mr. Dolan, GM-CE, explained that while the Board had delegated authority to the GM-CE on some ministerial personnel matters, this particular authority had not been included. He also stated that staff is in the process of reviewing Chapter 4 of the District Code prior to presentation to the Board and this authority will be one of the proposed revisions. 9. APPROVAL OF BILLS FOR LITIGATION SERVICES After explanation by Mr. Carniato, District Counsel, it was moved by Member Campbell, seconded by Member Boneysteele, that the statements from Kahn & Associates, Fred J. Early, Kaiser Sand & Gravel, Peterson/Simpson, FMC Associates, Woodward Clyde Consultants and Microbiz; totalling $45,724.39 be approved. Motion was unanimously approved. 10. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA a. EXECUTE CONSENT TO DEDICATION TO CONTRA COSTA COUNTY AT NO COST TO THE DISTRICT, WALNUT CREEK AREA, JOB NO. 1069 & 1552, TRACT NO. MS 198-78 After explanation by Mr. Dolan, GM-CE, it was moved by Member Allan, seconded by Member Campbell, that the President and Secretary be authorized to execute a Consent to Dedication to Contra Costa County at no cost to the District, Walnut Creek area, Job No. 1069 and 1552, Tract No. MS-198-78 and that a resolution be adopted. Resolution No. 79-35. Motion was unanimously approved. VII 1. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan directed the Boardls attention to the memorandum for Jan Frost, Administrative Secretary, explaining the Professional Secretary Seminar she had attending on February 6, 1979. b. Mr. Dolan summarized the Engineers Report for the month of January. Collection System Engineering and Services (1) Preliminary design and study work is under way on the outfall subject to certain constraints and decisions yet to be made. (2) Design and survey work is underway on the North Walnut Creek and Moraga paralJel trunk sewers and construction of the WS 35S Sycamore Valley trunk is 10% complete. (3) 471 buildings were connected this month which is 36% of the total connected to date this Fiscal Year and a rate equal to the two highest months since July, 1976 (August 1976 and February 1977). Collection System Operations Routine work was pursued this month due to the absence of slides, overflows and plugs. Treatment Plant (1) The average daily flow treated was 42 MGD with a high day of 82 MGD and a high rate on January 15th of 127 MG. Through utilization of the holding basins and storm flow operational procedures, the treatment plant processed all of this flow and produced high quality effluent. (2) The zero chlorine residual requirement was not met for 10 hours at five different times. Paul Papke, Control Systems Engineer, worked out a pattern that took care of the matter. 02 15 79 1470 c. Mr. Dolan advised that he would be unable to attend the full session of the Clean Water Grants Administration Workshop because of a pending problem with the Regional Water Quality Control Board regarding the permit for water reclamation. The key dispute in the RWQCB permit is whether Central San or Contra Costa County Water District (CCCWD) should file the report documenting the compliance which is contained in the water quality requirements section of the permit. The permit has listed the Sanitary District as being the reporting agency. However, it is Mr. Dolan1s contention that the responsibility is with the Water District since it has the final control of the water prior to its reuse. Also, it is his contention that the CCCWD has the obligation to its customers to assure them a safe and consistant water supply - not CCCSDls. Board Members concurred with the GM-CEls contention that the Contra Costa County Water District should assume the responsibility for filing this report. d. Mr. Dolan reported that mechanical problems are causing further delay of the furnace start-up. Ken Barker, Construction Division Manager, advised that the District is faced with a series of problems, however, minor corrections are being made by staff to alleviate some problems. The contractor demands standby time for his men since these problems are alleged to be design problems. Work is being done by a mechanical contractor on a force account basis with funds drawn against a back- charge account that had been previously authorized by the Board. e. Mr. Dolan reported that there had been an article published in the Engineering News Record entitled "Law Suit Stalls Sewage Plant". Mr. Carniato, District Counsel had discussed our project with the author and has made available certain requested documents. f. Mr. Dolan reported that he had discussed the proposed meeting of February 24 regarding the Air Mitigation Plan, with mayors and officials of 7 cities in our area, including Clayton and Concord, and Contra Costa County. Upon discussion with Dick Coddington and Frank Covington of EPA, it was learned that EPA had reconsidered the basic issue that had motivated the proposed 24th meeting; that issue being the potential approvability of the proposed ABAG Non Attainment Plan. At the time EPA had indicated a willingness to take part in this meeting, it was their opinion that the Non Attainment Plan for the Bay Area was non-approvable and that it was unlikely it could be modified for approval. Recently, the EPA has changed its position on acceptable oxident levels raising their maximum amount frcm.08 ppm to 12 ppm. This change has significantly improved the likelihood that the ABAG Non-Attainment Plan could be approved. Therefore, it was EPAls opinion that the best approach for the Sanitary District at this time is to cancel the meeting and encourage ABAG to make certain the Non-Attainment Plan was approvafuile. After discussion, it was moved by Member Allan, seconded by Member Campbell, that a letter be drafted for the Presidentls signature cancelling the meeting of February 24 and explaining the circumstances thereof. Motion was unanimously approved. g. In answer to Board query, Mr. Dolan reported that no apparent change has occurred to the outfall. Crews from the Collection Systems Department are watching for any changes. There has been correspondence between the District and the Regional Board concerning the outfall situation. Jòhn Larson, Sr. Engineer-Special Projects, put together a list of specific actions relative to the outfall. The biggest problem is determining a location for the new pipe. A letter has been sent to Boyd Olney of Acme Fill proposing that the displaced pipe be rebuilt within the original District property. Staff has requested a meeting which would include District staff, Boyd Olney, George Gordon, Counsel for Acme Fill, and representatives from their insurance company. More discussion followed. 02 15 79 1471 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY None 4. COMMITTEES Member BoneysteeJe reported on the recent ABAG meeting he had attended at Fort Mason. The State has modified the regional plan as far as oxidents are concerned. ABAG staff recommended no change in the plan at the present time with the rationale being that the legislation is pending. IX. MATTERS FROM THE FLOOR Member Allan advised that he would be absent from the March 1 meeting. At this time, President Carlson reverted to "VI. Old Business, Item 111 1. REPORT ON POSSIBLE LITIGATION REGARDING OFFICE SITE EMINENT DOMAIN PROCEEDINGS, TO BE PRESENTED IN EXECUTIVE SESSION At 10:00 p.m., President Carlson declared an executive session to discuss the status of the Office Site Eminent Domain Proceedings. At 10:45 p.m., President Carlson closed the executive session and reconvened the meeting. As a result of the executive session, it was the consensus of the Board to delay the Office Site Eminent Domain Proceedings Hearing for 30 days (March 15) and explore the availability of alternative sites. X. ADJOURNMENT At 10:46 p.m., President Carlson adjourned the meeting. ~ . -1 _/ / .. -~ / í U-l't/ ¿:;/Z.l/J-s~ - President of the District &oard of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: trict Board of the ta Sanitary District, Costa, State of California 02 15 79