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HomeMy WebLinkAboutBOARD MINUTES 08-01-74 398 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL, CONTRA COSTA SANITARY DISTRICT HELD AUGUST 1,1974 The District Board of Central Contra Costa Sanitary District convened in a Regular Session at its regular place of meeting located at 1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on August 1, 1974, at 8:00 o'clock,P.M. The meeting was called to order by President Mitchell. 1. ROLL CALL PRESENT: Members: Gibbs, Boneysteele, Rustigian, Allan and Mitchell ABSENT: Members: None II. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF JULY 18,1974 After comments by Board Members, it was moved by Member Allan, seconded by Member Boneysteele, that the Minutes of the meeting of July 18, 1974, be approved after making the following corrections: Under "VI. OLD BUSINESS, 1, BRYAN RANCH (DEVIL MOUNTAIN) APPLICATION FOR ANNEXATION," insert "a comma" after the word "comparison" and delete the word "to", line 1, page 2. ' Delete the first paragraph, page 2, and insert the following: "After preliminary discussion wherein Board Members queried Mr. Pate regarding plans for construction of approximately 150 units per year in a staged development of the Devil Mountain project over a period of five years, Member Allan and President Mitchell discussed alternatives on limitations for annexation. Member Allan stated that the Board could limit annexation to the 650 foot elevation level since the plan for the first year development of the project is not expected to exceed this 650 foot level. President Mitchell noted that an additional alternative is a yearly limitation on annexation based upon actions and conditions imposed yearly by the Board of Supervisors regarding the development. Mrs.' Linda A. Moody representing' Amigos de Diablo,' addressed the Board. Utilizing film slides, which depicted selected areas of Bryan Ranch and with the use of maps, Mrs. Moody urged the Board not to consider annexation of areas of Bryan Ranch beyond the 720 foot elevation level." Delete the second paragraph, page 2, and insert the following: "President Mitchell commented on the relationship of District financial plans and ad valorem taxes and annexation and connection charges necessary to finance future treatment plant expansion and the operations of the District. He raised the question of plant capacity as a factor in determining policies for annexation to the District." Delete the fourth paragraph, page 2, and insert the following: "Mrs. Moody responded to Mr. Waltz's comments by citing various sections of the Government Code and the Health and Safety Code of California. She claimed the Board does have the authority to exercise discretion in this matter." Delete the fifth sentence in paragraph 6, page 2. Motion correcting the Minutes of July 18, carried by unanimous vote. 08 01 74 399 2. MINUTES OF THE MEETING OF JULY 25, 1974 After comments by Board Members regarding various ,corrections, item was continued. III. APPROVAL OF EXPENDITURES After comments by Member Gibbs and Boneysteele regarding Running Expense Voucher No. 18679 and clarification by staff regarding tank truck and plant water expenditures, it was moved by Member Gibbs, member of the Expenditure Committee, seconded by Member Boneysteele, that after review, that expendi- tures, specifically, Sewer Construction Vouchers Numbers 2199 to 2210 inclusive, Running Expense Vouchers Numbers l8567 to 18678 inclusive, and 18680 to 18698 inclusive, and Payroll Vouchers Numbers 4947 to 0096 inclusive be approved. Motion carried by unanimous vote. At the request of Member Gibbs and with the consent of the Board, staff was requested, with the assistance of the Counsel for the District, to provide additionar clarifying information to Member Gibbs regarding Running Expense Voucher 18679. Upon receipt of such information, Member Gibbs, as member of the Expenditure Committee, may authorize payment. IV. HEARINGS 1. DELINQUENT SEWER SERVICE CHARGE Pr~sident Mitchell reopened the hearing on Delinquent Sewer Service Charges. Mr. Horstkotte, General Manager-Chief Engineer, pursuant to a previous request by the Board, reported the status of Sewer Service Charge Account 245-WC (Account of Gil, Angel and Valerie M. Gomez, l731 Cole Avenue, Walnut Creek). Mr. Horstkotte stated that total connection and service charges assessed to this account were $1,715.00 of which, the original owner, Stone and Stewart paid ~O% ($17l.50) in accordance with the District's Code which, prior to the recently adopted Ordinance 97, did authorize elective fixture charges. Mr. Horstkotte stated that a total amount of $1,543.50 was due from Account 245-WC. President Mitchell stated that the present owner, Mr. Angel Gomez has the following options: pay the $1,543.50 in c?sh now; pay in cash, the amount delinquent ($251.57 which includes interest and penalty charges) and pay a monthly charge of $17.00, plus interest, until the total charges are liquidated; or have the amount delinquent ($251.57) placed on the tax roll and pay the monthly charge of $17.QO, plus interest, until the account is liquidated. Mr. Angel Gomez addressed the Board and explained ,that he had no knowledge that a delinquent sewer service charge existed on his property. He stated that responsibility for the sewer service charge resided with Stone and Stewart, the previous owner" and with whom the District had made the original agreement regarding elective fixture charges. After discussion regarding District billing procedures, dates for placement of delinquent sewer service charges on the tax rolls, and the circumstances in the case of Mr. Gomez, it was moved by Member Gibbs, seconded by Member Allan, that Mr. Gomez (Account 245-WC) be relieved of any and all current penalties (but not interest) that may have been applied due to delinquency of sewer service for Fiscal Year 1972-73. Motion carried by una~imous vote. Further discussion followed between Board Members, staff, Mr. Bohn and Mr. Gomez regarding the contention by Mr. Gomez that the responsibility for sewer service charges resides with the original owner of the property. During the discussion, President Mitchell explained that the Board had recently adopted Ordinance 97 in order to preclude possible inequities regarding sewer service charges when ownership of properties changed hands. After the discussion, Secretary Davis reported receipt of correspondence dated July l2, 1974, from Mrs. T. Fortsch, 6107 Station Road, Sebastopol, California, (Account l7-A). In her correspondence, Mrs. Fortsch explained the 08 01 '74 400 circumstances for her delinquencey in sewer service charges. She explained that the previous owner of the Coin Washing Well, 1495 Danvi1le Boulevard, Alamo, had neglected to inform her that such sewer service charge existed. Secretary Davis stated in accordance with Ordinance 97, adopted May 2,1974, which amended the District Code in regard to elective fixture charges, Mrs. Fortsch is entitled to a refund of $224.00. RESOLUTION NO. 74-ll4, A RESOLUTION OVERRULING PROTESTS AND ADOPTING THE REPORT PURSUANT TO SECTION 5473, HEALTH AND SAFETY CODE After President Mitchell closed the hearing, it was moved by Member Gibbs, seconded by Member Allan, that Resolution No. 74-ll4, be adopted. Motion carried by unanimous vote. After direction by President Mitchell, staff provided Mr. Gomez with a copy of the original agreement between the District and Stone and Stewart regarding elective fixture charges and a copy of District Ordinance 97. V. BIDS 1. DSP 2259 Mr. Horstkotte, General Manager-Chief Engineer, reported that bids for DSP 2259, opened at 2:00 o'clock P.M., this day were as follows: Peter Cole Jensen P. O. Box 553 Danville, CA, $113,808.00 McGuire & Hester 796 - 66th Ave. Oakland, CA $114,806.70 W. R. Thoma~on, Inc. P. O. Box 2249 Martinez, CA $119,l35.00 Billings Plumbing, Inc. P. O. Box 609 Concord, CA $l22,000.80 Camkis, Inc. l3689 San Pablo Ave. San Pablo, CA $l22,170.00 J & M, Inc. P. O. Box 128 Hayward, CA $132,626.00 Mission Pipeline, Inc. P. O. Box 65 Milpitas, CA $l54,945.00 Ernest E. Pestana, Inc. 2l25 O:Ld Oakland Hiway ~'San Jose, CA $206,425.00 Upon the recommendation of Mr. Horstkotte, it was moved by Member Boneysteele, seconded by Member Gibbs, that award of DSP 2259 be made to the lowest bidder, Peter Cole Jensen, Danville, California. Motion carried by unanimous vote. VI. OLD BUSINESS 1. CONCORD CONTRACT AGREEMENT Board Members, staff and Mr. Bohn, Counsel for the District, reviewed and discussed the July 25, 1974, proposed draft contract agreement related to the treatment of wastewater by the District received from the City of Concord. 08 01 74 401 During the discussion, Board Members, staff and Mr. Bohn also reviewed correspondence received from the City of Concord dated July l8, 1974, which was addressed to the State Water Resources Control Board and corres- porrlencereceived from the East/Central Contra Costa County Wastewater Agency, dated July 25,1974, also addressed to the State Board. In addition, Board Members, staff and Mr. Bohn noted correspondence received from the East/Central Agency, dated July 25, 1974, which invited the District to join that Agency. ' , As a result of the discussion, it was the consensus of the Board that the General Manager-Chief Engineer be authorized to consult with J. B. Gilbert and Associates regarding wastewater management in Contra Costa County. Further, that staff' prepare, for submission to the Board, a response to the correspondence received from the East/Central Contra Costa County Wastewater Management Agency regarding District membership in the Agency. Lastly, staff was requested to arrange a meeting between the District's Negotiating Committee and officials of the City of Concord. Item continued. 2. EAST/CENTRAL CONTRA COSTA COUNTY WASTEWATER MANAGEMENT AGENCY This item was discussed in conjunction with Item l, the Concord Contract Agreement, as the items are related. 3. LID NO. 55 ASSESSMENT TABULATION Board members noted District correspondence forwarded to each Property Owner, LID No. 55. Such correspondence provided property owners with explanatory information regarding tentative financial and assessment calculations for LID No. 55. VII. NEW BUSINESS 1. CONSENT ITEMS a. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT It was moved by Member Boneysteele, seconded by Member Rustigian, that 'easements from: Grantor John Si1agy, et ux Job No. Parcel No. 2220 1 24l4 1 2516 1 H. E. Cooper, Jr. & R. C. Cooper F. G. Bolla, et a1 be accepted and their recording ordered. Carried by unanimous vote. 2. REQUEST FROM DISTRICT EMPLOYEES ASSOCIATION FOR SALARY ADJUSTMENT RESOLUTION NO. 74-l20, A RE~OLUTION ESTABLISHING SALARY SCHEDULE FOR DISTRICT EMPLOYEES Board Members were provided with a written request from Mr. Robert Hedgecock, President, District Employees Association, for a 2-l/2% salary increase adjustment for all employees to be effective July 1,1974. Such salary adjustment would be in addition to the 7-l/2% general salary increase approved by the Board at its meeting of May 23, 1974. As justification, Mr. Hedgecock cited cost of living salary adjustments that had been granted by other local governmental entities and which ranged from 8.2 to 12.5%. Mr. Hedgecock addressed the Board and stated that the cost of living index from June 1973, to June 1974, had risen 10.2% and then cited cost of living salary adjustments granted by further additional governmental entities. 08 01 74 402 A general discussion followed between Board Members, staff and representat'ives of the Employees Association who were present in the audience. During the discussion, reference was made to the impending salary and job classification survey to be conducted for the District by the State Personnel Board, Cooperative Personnel Services Division, and the request of the Employees Association for an additional 2-1/2% salary increase adjustment. Member Boneysteele, after acknowledging the horrendous impact of inflation on all citizens, suggested that all employees receive a 2-l/2% salary increase adjustment. Member Gibbs noted that traditionally in the matter of salaries, the District had monitored closely the action taken by the County. Member Rustigian, while recognizing the impact of inflation on District personnel, suggested that current salaries of certain job classifications, particularly in the supervisor range, were probably adequate and that if any inequities were to arise, these would be noted by the State salary survey and could be corrected. After discussion, it was moved by Member Rustigian, seconded by Member Allan, that Resolution No. 74-l20 which grants all District employees, Range 66 and below, an additional 2-l/2% salary increase adjustment retroactive to July l, 1974, be adopted. Motion carried by the following vote: AYES: NOES: Members: Members: Gibbs, Rustigian and Allan Boneysteele and Mitchell Member Boneysteele explained that he opposed the motion on salary adjustment because he thought the 2-1/2% salary increase adjustment should be applicable to all District personnel in range 72 and below, vice range 66. At 9:29 o'clock P.M., President Mitchell recessed the meeting. At 9:33 o'clock P.M., President Mitchell reconvened the meeting. 3. AUTHORIZATION TO CALL FOR BIDS, WATER RECLAMATION PROJECT, PHASE II After explanation by Mr. Horstkotte, General Manager-Chief Engineer, regarding the time schedule necessary to complete by September 1976, the Phase II project, it was moved by Member Rustigian, seconded by Member Gibbs, that authorization to call for bids on August 5, 1974, for Water Reclamation Project, Phase II, be approved. Motion carried by unanimous vote. 4. CORRESPONDENCE DATED JULY 26,1974, FROM JOHN A. BOHN REGARDING DISCLOSURE OF INFORMATION Mr. Bohn, Counsel for the District, presented to the Board Members a report he had prepared regarding the rights and responsibilities of a public agency under the Inspection of Public Records Act. After explanation by Mr. Bohn, which pertained to specific sections of the Act as detailed in his report, discussion followed with particular reference to a request by The Orinda Association to review and examine financial data submitted to the District by one of its garbage collection franchisees. After discussion, with Member Allan expressing his concern, it was the consensus of the Board that Secretary Davis be authorized to make available to The Ori~da Association District records and information that was presented to the Board and which pertains to its franchiseee, the Orinda/Moraga Garbage Disposal Service, Inc. 5. 'AUTHORIZE INCREASE IN MILEAGE ALLOWANCE After explanation and reference to Contra Costa County rates by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Gibbs, seconded by Member Allan, that mileage allowance be established effective _H August 25, 1974, at l7ç per mile up to 300 miles; l2ç per mile from 30l-700 miles; and 7ç per mile for over 700 miles. Motion carried by unanimous vote. ,;08 ,01 74 403 6. AUTHORIZE STAFF ATTENDANCE AT CAL/OSHA SEMINAR, AUGUST 22, 1974, OAKLAND After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Allan, seconded by Member Rustigian, that Mr. Jay McCoy, Senior Engineer, and Mr. William Ramsay, Supervising Construction Inspector, be authorized registration fees ($60.00 each) and transporation to attend the CAL/OSHA seminar, August 22, 1974, in Oakland. Motion carried by unanimous vote. 7. AUTHORIZE GENERAL 'MANAGER-CHIEF ENGINEER TO FILE NOTICE OF COMPLETION, LID 54-1 RESOLUTION NO. 74-ll5, A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF ACCEPTANCE AND COMPLETION, LID NO. 54-1 After explanation by Mr. Horstkotte, General Manager-Chief Engineer, that additional monies in excess of the required lO% of the contract had been withheld from the contractor to cover the necessary 35 day lien period for the project, it was moved by Member Gibbs, seconded by Member Boneysteele, that Resolution No. 74-115 be adopted. Motion carried by unanimous vote. 8. CERTIFICATION OF REVIEW AND CONSIDERATION OF CONTENTS, STATE OF CALIFORNIA EIR FOR DSP 1938 AND 2395 ,After statement by Mr. Horstkotte, General Manager-Chief Engineer, that staff has reviewed the State of California's EIR, the lead agency for this project, and had negative comments, and upon the recommendation of Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Rustigian, seconded by Member Allan, that in accordance with District Ordinance 95, the Board hereby certifies that upon report by staff, the State EIR for DSP 1938 and 2395 has been reviewed by staff and its contents duly considered. Motion carried by unanimous vote. 9. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. 10. INFORMATION' a. PROPOSED "RESOLUTION REQUESTING RESPONSIBLE AGENCIES TO DEVELOP AND IMPLEMENT A WATER QUALITY MANAGEMENT PLAN FOR THE ALAMEDA CREEK WATERSHED ABOVE NILES" Board Members noted and discussed the proposed Resolution related to development and implementation of a Water Quality Management Plan for the Alameda Creek Watershed which was received from the Bay Area Sewage Services Agency. VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Horstkotte presented Board Members with a copy of a letter to be sent to the City of Walnut Creek which responds to certain matters con- cerning the proposed sewering of the Upper Pine Creek Project, WS 27. Discussion followed between Board Members, staff, and Mr. Bohn, Counsel for the District, regarding the proposed letter and its relationship with the District's policy on cooperation with municipalities and matters of annexation. After discussion wherein Mr. Bohn was requested to review the proposed letter and report to the Board, item was continued., b. Mr. Horstkotteread to Board Members correspondence dated July 29, 1974, received from the editor of the Journal Water Pollution Control Federation. In the correspondence, Mr. Horstkotte, or hïs representative, was 08 0.1 '74 404 requested to appear at its national meeting, December 1-5,1974, in Washington D. C. to present the paper "Full-Scale Testing of a Water Reclamation System," co-authored by Mr. Horstkotte, and which appeared in the January 1974, issue. c. Mr. Horstkotte read correspondence dated June 24,1974, received from Clemson University wherein Mr. Horstkotte was requested to particiapate in a workshop on "Research Needs for Automation of Wastewater Treatment Systems" during the period September 23-25, 1974. d. Mr. Horstkotte reported that he would be addressing a group of The Commonwealth Club in San Francisco on August 15, 1974, regarding matters of wastewater management. Mr. Horstkotte stated that it was his intention to attend the various functions just outlined, subject to objection ~y the Board. e. Mr. Horstkötte presented Board Members with a copy of staff's outline for the implementation of a planning and finance study previously requested by the Board. f. Mr. Horstkotte reported that the strike affecting the construction of the District's Water Reclamation Facilities had been settled. However, the possibility existed that other unions may decide to go on strike which could affect the District. ' g. Mr. Horstkotte reported that President Mitchell had signed correspondence terminating the District's present contract for treatment of wastewater from the City of Concord, effective ,July l, 1976. Mr. Horstkotte then stated that correspondence dated July 30,1974, from Bartle Wells and Associates regarding State Clean Water Grant Revenue Program Guidelines was only applicable to the District's Stage 5B program. 2. COUNSEL FOR THE DISTRICT . a. Mr. Bohn reported on the current activities of the State Board on Waste Management and its relations with the State Department of Public Health. He indicated that he would have further information available next Board meeting. Solid at the b. Mr. Bohn and Mr. Horstkotte explained the circumstances so~rounding a claim against the District in the amount of $900.00 for monthly rental of a District radio transmitter site located on Smith hill. After explanation, it was moved by Member Boneystee1e, seconded by Member Gibbs, that authori- zation of $900.00 for District radio transmitter site rental be approved. Motion carried by unanimous vote. ' 3. SECRETARY After explanation by,Mr. Davis, it was moved by Member Boneysteele, seconded by Member Allan, that easement from Shell Oil Corporation, Bechtel T. P., Parcel 8,be accepted and its recording ordered. Motion carried by unanimous vote. 4. COMMITTEES BAY AREA SEWAGE SERVICES AGENCY a. Member Gibbs, Trustee of BASSA, reported that BASSA intends to hold a regional meeting in Dublin with representatives of the City of Livermore and The Valley Community Services District. IX. MATTERS FROM THE FLOOR None. 0'8 01 74 405 x. ADJOURNMENT At ll:l0 o'clock P.M., President Mitchell adjourned the meeting. ,,) .'~,~/ It: ~ti/ , i~ If Pr 'sident of ,t e Ùistrict Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: ., ,'\"\ . ,'-" " ,,~,', l.t",v.,..ò Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 08 01 74