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HomeMy WebLinkAboutBOARD MINUTES 06-03-76 782 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD JUNE 3, 1976 The District Board of ,the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on June 3,1976, at 7:30 P.M. President Boneysteele called the meeting to order and requested the Secretary of the District to call roll. 1. ROLL CALL PRESENT: Members: Gibbs, Mitchell, Rustigian and Boneysteele ABSENT: Member: Allan Member Allan arrived at 7:37 P.M. II. APPROVAL OF MINUTES Minutes of the Meeting of May 20, 1976 were deferred to the meeting of June 17,1976. III. EXPENDITURES None. IV. HEARINGS 1. CONFLICT OF INTEREST CODE President Boneystee1e opened the hearing and requested Mr. Bohn, Special Counsel for the District, to make the opening remarks. }1r. Bohn advised the Board Members that, upon examination, he had found significant difference between the CASA Conflict of Interest Code and that proposed by Contra Costa County. He suggested that the Board study the County Code and if no objections are found, adopt it at the meeting of June 17,1976. He also mentioned that if there are deficiencies found in the Code, that it can be amended from time to time. After the District adopts the Conflict of Interest Code, it will be sent to the County Board of Supervisors for approval, after which persons involved will have 30 days in which to file their disclosure. After further discussion, President Boneystee1e continued the hearing to the meeting of June 17,1976. V. BIDS No'ne. VI. OLD BUSINESS 1. ENVIRONMENTAL QUALITY CHARGE Mr. Horstkotte, General Manager-Chief Engineer, introduced Mr. Mike Ver1ander, Lead Economist with Brown and Caldwell, our Revenue Program Consultant, and requested that he proceed with his presentation to the Board Members and the audience. Mr. Verlander stated that the notice mailed to all residential property owners is the result of the Expansion Program being conducted at the Treatment Plant Facility. 06 03 76 783 In order to upgrade our wastewater treatment facility to a tertiary level, it was necessary to obtain Federal and State Funding. To comply with the Clean Water Grant Program Guidelines, a Revenue Program including an Environmental Quality Charge had to be implemented. Utilizing charts, Mr. Ver1ander explained the approach and unit cost development utilized in arriving at the $72 Environmental Quality Charge for residential users. After the presentation, the Board discussed whether the charge should apply to vacant properties and it was the consensus that the charge should only apply to improved residential properties that are within 200' of the sewer line, whethér":connetted:',or noL~ Mr. Sandusky, a member of the audience objected, stating that he is served by a septic tank and not being a user of District facilities, he should not be subjected to $72 Environmental Quality Charge. After discussion concerning the nonuser and other special cases, President Boneystee1e commented that there could be a review and determination by staff of those cases and, as a last resort, appeal to the Board for adjustment of charges. After discussion, it was moved by Member Gibbs, seconded by Member Allan, that staff be instructed to prepare an amendment to Ordinance 117, wherein only improved property will be subject to the Environmental Quality Charge. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None At 9:00 P.M., President Boneystee1e called a recess. At 9:08 P.M., President Boneystee1e reconvened the meeting. 2. REQUEST BY MR. CARL MEHLER OF 2448 BUENA VISTA AVENUE TO RECONSIDER DENIAL OF HIS CLAIM IN THE AMOUNT OF $1,119.17 FOR RESIDENTIAL PROPERTY DAMAGE Mr. Horstkotte, General Manager-Chief Engineer, reviewed the claim for the Board Members. Mr. Mehler addressed the Board and expanded on the circumstances surrounding his claim and requested that the Board reconsider its action of March 4 and honor his claim in the amount of $1,119.17 for overflow damage to his residence. President Boneystee1e stated that it had been the Board's impression that the property had been improved without contacting the District and that it did not conform to the zoning. However, upon further investigation, it was found that the apartment is in accordance with the City of Walnut Creek zoning and Building Codes. It was moved by Member Gibbs, seconded by Member Allan, that the action of the Board at the March 4,1976 meeting be rescinded, and that authorization to pay the claim for overflow damage of Carl Mehler in the amount of $1,119.17 be approved after a "Release in Full Settlement and Compromise" has been secured. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None It should be noted in the Release, that the District is not responsible for the proper functioning of the check valve. 06 03 76 784 3. ROSSI STREET SEWER SERVICE PROBLEM Pursuant to Board instructions, Mr. Horstkotte, General Manager-Chief Engineer, had staff members present and introduced Mr. Wend Ie Whipple, Staff Supervising Surveyor, and Chuck Daniel, Chief of Party, to answer questions pèrtaining to the Schmidt and Kane sewer connection problems on Rossi Street. After queries and discussion, the Board considered the staff recommendation of paying the $1,145 Schmidt property claim and to pay up to $1,200 on the 'Kane connection. Member Gibbs stated that after careful perusal of this claim and recognizing the unusual circumstances, he still feels that the District may be setting a precedent by considering any claim. Member Mitchell stated that while he is basically in agreement with Member Gibbs, the Board should try to see if there may be any other alternative. Mr. Simpkin, realtor for the Schmidt property, stated that he proceeded with the plumbing reversal because the buyers of the house would not close escrow unless the house was connected to the sewer system, and the time to consummate the transaction was running out. Member Rustigian stated that the Board had agreed to spend $6,000 to run a main up to the rear of these houses. If the time frame had been correct, Mr. Simpkin would not have reversed the plumbing. Therefore, he felt that the Schmidt claim should be honored. Mr. Hohn, Special Counsel for the District, stated that if the District settles the Schmidt claim, it becomes obligated to settle with Mr. Kane. However, he felt that the reversal of the Schmidt plumbing was done by Mr. Simpkin on his own initiative. Member Gibbs stated that the properties were served by the main sewer under Local Improvement District proceedings, which leaves the Board no discretion to entertain the claim. Mr. Schmidt addressed the Board on behalf of Mr. Simpkin and advised the Board of the circumstances and protested Member Gibbs' view. After further discussion, Member Mitchell moved to pay Mr. Schmidt ,$1,145 on the basis that there were errors made by the District that misled the owner. r1otion failed for lack of a second. After further discussion, it was moved by Member Gibbs, seconded by Member Allan, that the Schmidt claim and the recommendation to pay Mr. Kane up to $1,200 be denied. Motion failed by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs and Allan Mitchell, Rustigian and Boneysteele None It was then moved by Member Rustigian, seconded by President Bcneysteele that the District pay the Schmidt claim and pay Mr. Kane up to $1,200 for reversal of his plumbing. Motion failed by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian and Boneysteele Gibbs, Mitchell and Allan None. President Boneysteele asked the Board if it wished to reconsider Member Mitchell's motion. There being no indication, the matter of reconsidering the motion was dropped. 06 03 76 785 Mr. Bohn, Special Counsel for the District, stated that it would appear that since the contract for the sale of the house had been signed prior to any discussion with District staff regarding connection to the sewer, there would be insufficient legal basis to pay the claim. It was moved by Member Gibbs, seconded by Member Allan, that the claim of Mr. P. Schmidt in the amount of $1,145 be denied. Motion carried by the following vote: AYES: NOES: ABSTAINING: ABSENT: Members: Member: Member: Members: Gibbs, Mitchell and Allan Boneystee1e Rustigian None 4. AUTHORIZE PAYMENT OF $50,000 TO EAST BAY MUNICIPAL UTILITY DISTRICT AS A SHARE OF REGIONAL MUNICIPAL WASTEWATER SOLIDS MANAGEMENT STUDY (JOINT POWERS AGREEMENT 11-6-76) After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Gibbs, seconded by Member Allan, that authorization of $50,000 for the District's share of participation in the Joint Exercise of Powers Agreement concerning the Regional Municipal Wastewater Solids Management Study, be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None VII. NEW BUSINESS ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING 1. It was moved by Member Allan, seconded by Member Mitchell, that the easements, as listed below, be accepted at no cost to the District, and that respective resolutions of acceptance be adopted and that their recordation be authorized. Grantor Job No. Parcel No. J. Ronald Johnson and Elizabeth Johnson Henry L. Persoglio and Robert J. Wright Wooldridge Construction Co., Inc. 2665 2707 2707 1 1 2 RESOLUTION NO.7 6-103.:- A - RESOLUTION ~:ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM J. RONALD JOHNSON AND ELIZABETH E. JOHNSON, ALAMO AREA (JOB NO. 2665, PARCEL NO.1) RESOLUTION NO. 76-104, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM HENRY L. PERSOGLIO AND ROBERT J. WRIGHT, LAFAYETTE AREA (JOB NO. 2707 - PARCEL NO.1) RESOLUTION NO. 76-105, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM WOOLDRIDGE CONSTRUCTION COMPANY, INC., LAFAYETTE AREA (JOB NO. 2707 - PARCEL NO.2) Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 06 03, 76 786 2. AUTHORIZATION FOR FOUR PARCELS (P.A. 76-11,12,14 & 15) TO BE CONSIDERED IN PENDING ANNEXATIONS After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Allan, seconded by Member Mitchell, that authorization to include four parcels, P. A. 76-11, 76-12, 76-14 and 76-15, in pending annexation proceedings be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 3. AUTHORIZATION TO EXECUTE CONSENT TO DEDICATION OF PUBLIC ROAD, JOB NO. 1539 - PARCEL NO.2 After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Gibbs, seconded by Member Mitchell, that execution of Consent to Dedication be approved and a resolution be adopted to that effect. RESOLUTION NO. 76-106, A RESOLUTION AUTHORIZING THE EXECUTION OF CONSENT TO DEDICATION OF A PUBLIC ROAD, JOB NO. 1539, PARCEL NO.2 Motion carried by 'the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None 4. ' AUTHORIZATION TO EXECUTE CONSENT TO DEDICATION OF DRAINAGE EASEMENT JOB NO. 1539 - PARCEL NO.2 After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Gibbs, seconded by Member Rustigian, that execution of Consent to Dedication be approved and a resolution be adopted to that effect. RESOLUTION NO. 76-107,-A RESOLUTION AUTHORIZING THE EXECUTION OF CONSENT TO DEDICATION OF DRAINAGE EASEMENT, JOB NO. 1539 - PARCEL NO.2 Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None CONFIRM "AMENDED ASSESSMENT DIAGRAM AND AUTHORIZE RECORDING OF SAID DIAGRAM" PLEASANT HILL AREA 5. After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Allan, seconded by Member Gibbs, that confirmation of the "Amended Assessment Diagrams" for the following assessments and authorization and recording of said diagrams be approved. Original Assessment No. Amended Assessment No. Apportioned Amt. 52-5-2-19 20 52-5-2-23 24 $1,989.16 994.58 Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None 06 03 76 787 6. SELECTION OF AUDITOR FOR 1975-76 AUDIT. After discussion by Board Members, Mr. Horstkotte, General Manager- Chief Engineer, suggested that the District continue to retain Mr. J. S. Plourde, Certified Public Accountant, to conduct the audit for fiscal year 1975-76 at a cost of $6,500. It was moved by Member Mitchell, seconded by Member Rustigian, that Mr. J. S. Plourde, Certified Public Accountant, be retained to conduct the District Audit for the fiscal year 1975-76, at a cost of $6,500. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, r1itche11, Rustigian, Allan and Boneystee1e None None AUTHORIZE $370 TO PURCHASE TWO ENGINEERING DRAFTING MACHINES 7. After discussion, it was moved by Member Rustigian, seconded by Member Gibbs to authorize purchase of two Engineering Drafting Machines at a cost of $370. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member::>: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None 8. REQUEST FOR SUPPLEMENTAL FUNDS IN AMOUNT OF $37,401.51 TO CLOSE ACCOUNTS OF DISTRICT AUTHORIZED JOBS Mr. Horstkotte, General Manager-Chief Engineer, requested $37,401. 51 to close out the following overdrawn accounts: Accounting Code Description Amount 2010.209.3 2010.606 Watershed 3 Bore & Soils Analysis $ (287.58) (37,113.93 ($37,401. 51) Mr. Horstkotte also requested that the accounts listed below be closed out resulting in $153,252.43 being returned to the: SewerCons,tructi.on Fund. Accounting Code Description Amount 2010.201 2010.203 2010.205. 2010.206 2010.207 2010.208.2015 2010.208.2016 2010.208.2085 2010.208.2404 2010.208.2553 2010.208.2301 2010. 209 . 2 2010.209.24C 2010.209. 24~I 2010.209.27W 2010.209.29S 2010.209.33 2010.209.34N 2010.209.345 2010.209.35W 2010.209.36 2010.401 EIR PSA 49 Engineering Study Mt. View Study Spec. Service Charge Engineering Study DSP 2015 DSP 2016 DSP 2085 DSP 2404 DSP 2553 DSP 2301 Watershed 2 Watershed 24C Watershed 24N Watershed 27W Watershed 29S Watershed 33 Watershed 34N Watershed 34S Watershed 35W Watershed 36 Radio 625.80 5,892.25 396.07 5,258.33 2,991.92 4,908.91 3,476.61 2,000.00 4,156.42 18,063.87 1,093.24 1,210.28 237.90 409.57 452.50 4,637.18 38.65 1,883.90 294.66 197.00 393.30 484.42 (continued on page 788) 06 03 76 788 2010.403 2010.405 2010.406 2010.408.2340 2010.601 2010.602 2010.604.1 2010.612 2010.613 Manholes Sewer Lines Restoration Repair Diffuser DSP 2340 Grading at Treatment Plant Combined Sludge ATTF on Site Test Emergency Standby Pump T. P. Pumping System 10,000.00 3,647.73 1,600.00 810.13 3,500.00 22,389.19 42,118.01 8,084.59 2,000.00 $153,252.43 It was moved by Member Allan, seconded by Member Gibbs, that staff be authorized $37,401.51 to close out overdrawn account Nos. 2010.209.3 and 2010.606, and that the above listed Nonactive Sewer Construction Accounts Nos. 2010.201 through 2010.613 be closed out and the surplùs authorized funds totaling $153,252.43 be returned to Sewer Construction Fund. Motion carried by the following vote: AYES: NOES: ARSENT: Members: Gibbs, Mitchell, Rustigi~n:, Allan..andBoneys~eele Members: None Members: :None 9. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. 10. INFORMATION a. Board noted receipt of letter from Senator Nejedly dated May 24, 1976, regarding AB 3041. b. Board noted receipt of correspondence from the Department of Water Resources dated May 6,1976. c. Board acknowledged the list of commercial and industrial users attending the meeting at" the District Office on May 26. d. Board noted rec~ipt of Workshop Agenda for June 7-8,1976 from the State Water Resource Control Board. e. Board noted receipt of the Minutes of the Legislative Committee, California Association of Sanitation Agencies, May 14,1976. f. Statement from John A. Bohn - Mr. Horstkotte, General Manager- Chief Engineer, explained the statement from Mr. Bohn was for services performed pending appointment of District Counsel. It was moved by Member Rustigian, seconded by Member Allan, that the statement from John A. Bohn, Special Counsel for the Distric't, in the amount of $1,500 for services rendered in the capacity of Counsel for the District be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: ' Gibbs, Mitchell, Rus tigian, Allan and Boneys teele Members: None Members: None VII 1. REPORTS 1. GE!~RAL MANAGER-CHIEF ENGINEER a. Mr. Horstkotte reported that Mr. Dalton, Deputy General Manager- Chief Engineer, and he had appeared before the County Grand J~ry in regard to the Environmental Quality Charge. His presentation to the Grand Jury was satisfactory. b. Mr. Horstko,tte stated that he met with the Solid Waste Board to determine whether they were interested in a parallel test utilizing the single hearth furnace. The Solid Waste Board informed Mr. Horstkotte that they were out of funds at this time. 06 03 76 , 789 c. Mr. Horstkotte advised that he had met with the Water Resource Board and a letter will be sent to the Public Utilities Commission via Mr. Horstkotte for increased gas allocation. d. Mr. Horstkotte requested that the Board grant authorization to pay Mr. Tony Granzotto, Field Operations Supervisor, 20 days' vacation time. It was moved by Member Gibbs, seconded by Member Allan, that Mr. Tony Granzotto, Field Operations Supervisor, be authorized to receive 20 days' paid vacation time. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 2. SPECIAL COUNSEL FOR THE DISTRICT a. In view of the ruling passed by the Solid Waste Management Interim Policy Body, whereby only elected officials can serve as a member of the Body, Member Rustigian will attend the meetings with Mr. Bohn and vote on critical issues. 3. SECRETARY None. 4. COMMITTEES 4-1. PERSONNEL COMMITTEE a. Member Allan advised that the Personnel Committee had met with the Employees' Association representatives in a second "meet and confer" session, which resulted in the employees redrafting their proposals. Staff had presented updated bar charts and President Boneysteele's request for benchmarks, and Members Allan and Gibbs stated they would study the material presented and give a recommendation to the Board at the next meeting. ' Member Rustigian stated that the Personnel Committee should have sufficient information for Board review and Member Mitchell indicated that the pattern has been set by the Meyers, Milias, Brown Act. Member Allan added that there are different patterns and some agencies hire outside negotiators. This is done in larger cities where there are unions involved. In smaller cities, a Personnel Committee of the Board holds "meet and confer" sessions with the employees' organization. The full Board does not sit as a whole to discuss the details. Member Allan stated that the position of the Personnel Committee would be to work with the employees to arrive at a recommendation, giving the Board detailed explanation for their consideration, if desired. It was moved by Member Gibbs, seconded by Member Allan, that the Personnel Committee be authorized to "meet and confer" with the representatives of the Employees' Association and to arrive at recommendations for presentation to the Board of Directors concerning salaries, wages and working conditions. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 06 03 76 790 b. President Boneysteele queried staff on the progress of applications for District Counsel. Mr. Horstkotte informed him that nine applications had been received. - c. Board Members brought up for discussion the pending retirement of Mr. Horstkotte and as to what progress has been made for his replacement. d. Mr. Dalton, Deputy General Manager-Chief Engineer, requested an executive session at a future date to discuss a personnel matter and the Board agreed to the June 17 meeting for this matter. e. Mr. Horstkotte wished to discuss Earned Overtime with the Personnel Committee at a later date. 4-2. SOLID WASTE COMMITTEE a. Member Mitchell reported on the solid waste meeting with the City of Pleasant Hill. b. Mr. Horstkotte advised the Board that they had received correspond- ence from the Teamsters Union in regard to Los Altos Garbage Company contract stating that they would send the District a copy of the contract when their current negotiations are completed. IX. MATTERS FROM THE FLOOR a. Mr. Horstkotte advised the Board that the State has approved the Concord Contract concept for one year so the urgency to renegotiate a new coritràct immediately no longer exists. b. CASA managers will be touring the Treatment Plant Facilities on the 19th of June, followed by a no-host lunch. Planning to attend will be Board Members Gibbs, Mitchell, Rustigian and President Boneysteele and staff personnel Mr. Horstkotte, Mr. Dalton and Mr. Niles. It was moved by Member Allan, seconded by Member Gibbs, that authorization for attendance of the Treatment Plant Tour and no-host lunch for a total of seven Board Members and staff be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None c. Mr. Hopkins, Secretary of the District, advised the Board that he has received an urgent request from Robert C. Human Co., for permission to build a tennis court over our easement Parcel 5, Job No. 1373, Altarinda Circle and~an Agreement Relating to Real Property has been executed by the owner. It was moved by Member Gibbs, seconded by Member Rustigian that the President and Secretary be authorized to execute an Agreement Relating to Real Property and its recording be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 06 03 76 791 d. Member Mitchell requested that Mr. Clay Ka11um, District Public Relations, submit a resume of what he has written to the District. x. ADJOURNMENT At 10:56 P.M., President Boneysteele adjourned the meeting to 7:30 P.M., June 10,1976, at the Board of Supervisors Chambers, Room 107, County Administration Building, Martinez, CA. ' resident 0 the Board of rectors of Central Contra Costa San. ary District of Contra Costa County, State of California COUNTERSIGNED: ,--'-' 06 03 76