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HomeMy WebLinkAboutBOARD MINUTES 06-17-76 800 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD JUNE 17, 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 17, 1976 at 7:30 P.}!. President Boneysteele called the meeting to order and requested the Secretary of the District to call roll. 1. ROLL CALL PRESENT: Members: Gibbs, Mitchell, Allan and Boneysteele ABSENT: Member: Rustigian (excused) President Boneysteele advised the Board that Member Rustigian had called and was excused due to illness. II. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF MAY 20, 1976 After discussion, it was moved by Member Mitchell, seconded by Member Gibbs, that the Minutes of May 20,1976 be approved subject to changing the sentence under "IX. MATTERS FROM THE FLOOR, a." (following "Solid Waste Committee" report) to read as follows: "a. This item regarding John Howell (P.A. 13-76) was taken up following item 4 under ÑEW BUSINESS." trotion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian (excused) 2. MINUTES OF THE MEETING OF JUNE 3, 1976 Minutes of the Meeting of June 3,1976 were deferred to the next meeting. III. EXPENDITURES After discussion, it was moved by Member Mitchell, seconded by Member Gibbs, that expenditures, including Sewer Construction Vouchers Nos. 2817 through 2851 inclusive, Running Expense Vouchers 22449 through 22641 inclusive, and Payroll Vouchers Nos. 2924 through 3067 inclusive, be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian (excused) 06 17 76 801 IV. HEARINGS 1. CONFLICT OF INTEREST CODE President Boneysteele opened the Hearing and asked Mr. Bohn, Special Counsel for the District, to make opening remarks, who in turn introduced Mr. Robert Wyatt, his associate, to make the presentation. Mr. Wyatt explained that the draft Conflict of Interest Code as provided to the Board and staff has been approved by the County and the Fair Employment Practices Agency. Mr. Wyatt explained the basic features of the Code and advised that it would pertain to all employees who are in policy and financial decision making capacities. Board members made additional queries of Mr. Wyatt on the various sections of the Code and its interpretations. After further explanation, Member Allan expressed his displeasure because he does not feel that the Code offers adequate guidelines. PFesident Boneysteele stated that his reaction to the Code was opposite from that of Member Allan. Mr. Bohn read a letter from the County Counsel wherein he advised against the adoption of the Conflict of Interest Code prepared by the California Association of Sanitation Agencies, because it is repetitious of the Government Code. There being no questions from the staff, Board reviewed the list of designated employees. Staff recommended that the Permit Technicians be included on the list also. There being no further comments, President Boneysteele declared the Hearing closed. It was moved by Member Gibbs, seconded by Member Mitchell, that the Central Contra Costa Sanitary District adopt the Conflict of Interest Code as drafted with amendments to include Permit Technicians as designated employees and that all designated employees are subject .to all categories of reportable interest and that a resolution be adopted to that effect. RESOLUTION NO. 76-117, A RESOLUTION ADOPTING THE CONFLICT OF INTEREST CODE AND AMENDING THE LIST OF DESIGNATED EMPLOYEES TO INCLUDE PERMIT TECHNICIANS AND THAT ALL DESIGNATED EMPLOYEES ARE SUBJECT TO ALL CATEGORIES OF REPORTABLE INCOME Motion carried by the following vote: AYES: NOES: ABSENT: Members: Member: Member: Gibbs, Mitchell and Boneysteele Allan Rustigian (excused) Member Allan stated that he voted against the motion because it is his contention that the Conflict of Interest Code does not give a clear indication as to what is expected from the individual. V. BIDS None. VI. OLD BUSINESS 1. ENVIRONMENTAL QUALITY CHARGE Mr. Horstkotte, General Manager-Chief Engineer, advised the Board as follows: the $72 charge has been removed from vacant parcels; the list of property owners to be billed will be delivered to the County by July 1,1976; a questionnaire is being sent to owners not connected to sewers; and a meeting has been set up for June 28, with commercial users pursuant to a 06 17 76 802 public hearing for the adoption of commercial and industrial rates for 1976-77. He then requested that the Board relieve the institutional users from the service charge for the 1976-77 fiscal year, explaining that at this time, most of the governmental agencies are in the final stages of adopting budgets for 1976-77. Should the Board approve this request, then staff would propose a special notice and hearing within two months and the adoption of rates for 1977-78. Following discussion, Member Mitchell queried staff, if, under SB90, the service charge was lowered, could the District return to the higher tax rate of 55ç. Mr. Bohn, Special Counsel for the District, stated that he could not give an answer without further research, but will have a definite reply for the next Board meeting. President Boneysteele'inquired as to the feasibility of basing the use charge on three months of winter water usage. Mr. Dalton, Deputy General Manager-Chief Engineer, stated that the District is exploring this avenue for the future and has received favorable responses from the large water vendors, however, the smaller vendors would have a problem in administering this program efficiently. Mr. Horstkotte, General Manager-Chief Engineer, stated that the charge would have to be calculated on an average water bill rather than individual basis. After further discussion, it was moved by Member Mitchell, seconded by Member Gibbs, that the institutional users be excluded from the Environmental Quality Charge for the 1976-77 fiscal year, and that there be a staff meeting held with these users on this proposal, followed by a hearing before the Board. Motion carried by the fol~owing vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian (excused) 2. AUTHORIZATION TO EXECUTE JOINT POWERS AGREEMENT WITH CONTRA COSTA COUNTY DISTRICT SEWERING PROJECT 2708 (LIVORNA ROAD) After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Allan, seconded by Member Gibbs, that the President and Secretary be authorized to execute the Joint Powers Agreement with Contra Costa County, DSP 2708, Livorna Road. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian (excused) VII. 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 Allan, seconded by Member Gibbs, 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. John J. Hallenbeck, et al Robert C.Banovac, et al Larwin Northern California, Norman L. Portello and Jean William K. and Doreen T. La Edward W. Kostelec, et ux Michael Eisenberg, et ux Louis Marion, et al Inc. Portello Monte 2658 2369 2498 2402 2661' 2429 2661 2661 2 I 3 4 2 2 1 3 06 17 76 803 a. RESOLUTION NO. 76-108, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM JOHN J. HALLENBECK, ET AL, MORAGA AREA (JOB NO. 2658, PARCEL NO.2) b. RESOLUTION NO. 76-109, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM ROBERT C. BANOVAC, ET AL, ALAMO AREA (JOB NO. 2369 - PARCEL NO.1) c. RESOLUTION NO. 76-110, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM LARWIN NORTHERN CALIFORNIA, INC., SAN RAMON AREA (JOB NO; 2498 - PARCEL NO.3) d. RESOLUTION NO. 76-111, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM NORMAN L. PORTELLO AND JEAN PORTELLO LAFAYETTE AREA (JOB NO. 2402 - PARCEL NO.4) e. RESOLUTION NO. 76-112, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM WILLIAM K. LA MONTE AND DOREEN T. LA MONTE (JOB NO. 2661 - PARCEL NO.2) f. RESOLUTION NO. 76-113, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM EDWARD W. KOSTELEC, ET UX, WALNUT CREEK AREA (JOB NO. 2429 - PARCEL NO.2) g. RESOLUTION NO. 76-114, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM MICHAEL EISENBERG, ET UX, LAFAYETTE AREA (JOB NO. 2661 - PARCEL NO.1) h. RESOLUTION NO. 76-115, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM LOUIS MARION, ET AL, LAFAYETTE AREA (JOB NO. 2661 - PARCEL NO.3) Motion carried by the following vote: 2. AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneystee1e None Rustigian (excused) AUTHORIZATION FOR ONE PARCEL (P.A. 76-16) TO BE CONSIDERED IN PENDING ANNEXATION After discussion, it was moved by Member Mitchell, seconded by Member Allan, that authorization.to include P. A. 76-16, Alamo area, in the pending annexation proceedings be approved. Motion carried by the following vote: 3. AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneystee1e None Rustigian (excused) ACCEPTANCE OF GRANT DEED FROM CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR FEE PARCEL AT TREATMENT PLANT, COST OF $1,050 Mr. Horstkotte, General Manager-Chief Engineer, explained that the acquisition of this excess Flood Control parcel will provide more room for the road and fence along the eastern boundary of our Treatment Plant property. It was moved by Member Mitchell, seconded by Member Allan, to authorize payment of $1,050 to Contra Costa County, to accept a Grant Deed for .35 acre parcel of land adjacent to District Treatment Plant property and authorize its recording and that a resolution be adopted to that effect. RESOLUTION NO. 76-142, A RESOLUTION ACCEPTING A GRANT DEED FROM CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR FEE PARCEL OF LAND ADJACENT TO DISTRICT TREATMENT PLANT PROPERTY AT A COST OF $1,050 I Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneystee1e None Rustigian (excused) 06 17 76 804, 4. AUTHORIZE EXECUTION AND ACCEPTANCE OF PIPELINE CROSSING EASEMENT (4 CROSSINGS) FROM SOUTHERN PACIFIC TRANSPORTATION COMPANY, LOCATED IN THE SAN RAMON AREA (BISHOP RANCH) JOB NO. 2081 After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Gibbs, seconded by Member Mitchell that the President and Secretary be authorized to execute the indenture agreement with Southern Pacific Transportation Company, that a resolution of acceptance be adopted and recording of the instrument authorized. RESOLUTION NO. 76-116, A RESOLUTION ACCEPTING PIPELINE CROSSING INDENTURE FROM SOUTHERN PACIFIC TRANSPORTATION COMPANY - LOCATED IN THE SAN RAMON AREA (WESTERN ELECTRIC PROJECT) JOB NO. 2081 Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian (excused) 5. REQUEST FOR AUTHORIZATION TO REPAIR OUTFALL DIFFUSER Hr. Horstkotte, General Manager-Chief Engineer, reported on the quarterly investigation of the diffuser section of the outfall. There is an inoperative flap on one diffuser, and the most inboard diffuser is plugged with material that might be grease. A number of diffusers are plugged with visqueen. It is urgent that repairs be made and cost is estimated to be between $5,000-$6,000. It was moved by Member Allan, seconded by Member Mitchell, that authorization to repair the outfall diffuser at a cost not to exceed $6,000, be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian (excused) At 8:30 P.M., President Boneysteele recessed the meeting. At 8:57 P.M., President Boneysteele reconvened the meeting. Before taking up the next item on the Agenda, President Boneysteele recognized MS. Joan Johnson from the League of Women Voters. MS. Johnson stated that the League of Women Voters has followed the progress of the Contra Costa County Solid Waste Management ,Interim Policy Body and it is the League's opinion that the Board should have an elected member serve on that Body. President Boneysteele explained to MS. Johnson that it has been decided to hold Interim Policy Body meetings in the morning, and it is most difficult for a Director of this District to attend daytime meetings. For the present, the Board has appointed Member Rustigian as the District's representative until the Committee is reorganized, and Mr. Bohn, Special Counsel for the District, will assist him. The Board has written to the County Board of Supervisors requesting that meetings of the Interim Policy Body be held in the evenings and permission to have Mr. Bohn recognized as the District Board's representative. Ms. Johnson thanked President Boneysteele and commended the .Board for their work on the "Citizens Advisory Solid Waste Report." 06 17 76 805 6. 1976-77 BUDGET ITEMS Board members studied the subject of vehicle addition and replacement. Mr. Robert Hinkson, Manager-Maintenance Department, along with Mr. James Coe, staff member, explained the "Maintenance Depreciation Cost Graphs." After queries and discussion by Board, Member Mitchell moved that none of the vehicles be replaced. Motion failed for lack of a second. President Boneysteele then requested that staff review the list and make a recommendation as to which vechicles, should be traded and which should be kept. The Board reviewed the request for the replacement of the existing communication system in the building. After studying the request, it was their consensus that more information should be presented on the subject prior to Board action. After further discussion regarding vehicle and equipment requests and perusal of the 1976-77 Budget, it was moved by Member Allan, seconded by Member Gibbs. that the following items be approved for purchase during 1976-77. NEW VEHICLES Plant Operations Dept. 1977 Flat Bed w/6-l/2 Ton Boom (approval subject to staff report of lease plan vs. purchase) 1977 - 5 yd. Dump Truck Maintenance Dept. 1977 - 1 Ton Dump Truck (approval subject to hiring an additional crew for its operation) NEW EQUIPMENT Administration - Accounting Division 3urroughs L-6500 Magnetic Mini-Computer Software and annual service contract $18,314 Administration - Secretarial Division l.B.M. 'Memory Typewriter and Stand 5,250 Acme Visible Pocket Cabinet 320 Plant Operations Dept. 1 Electric Typewriters 1,600 10 Filing Cabinets 1,400 1 Calculator 250 Machine Shop Equipment 23,000 0 6~ 17 76 806 (Pump Stations) F1owmatcher, electric motor speed controller $ 7,000 Operations furniture for San Ramon Pump Station 600 Engineering Dept. Duplicating Machine (Mu1tigraphics 1250 Multi with Safeguards and Quick Change Features) 9,000 4 2-way Truck Radios @ $1,300 ea. 5,200 Locator and accessories 200 Maintenance Dept. Shampoo Buffer 850 Valve Refacing Machine, Valve Hard Seat Grinder & attachments, Valve Grind Knur1er 2,540 Hydraulic Press Frame Stand . 350 Mu1ti~Purpose Saw 500 Sewer Tap Machine including 4" and 6" cutters 3,300 LP 90 Paving Breaker 1,100 Backfill Tamper, Clay Spade 55 lb. Paving Breaker (used) 650 Mobil Radio Unit (to be used in new truck approval subject to the hiring of crew) 1,300 Casio R-210 Tape Calculator 350 "Ferret Flusher" 125 Sewer Tongs 115 Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Allan and Boneystee1e Mitchell Rustigian (excused) It was moved by Member Mitchell that the size of the Maintenance and Operations Budget be reduced by 10%. Motion failed for lack of a second. At 10:55 P.M., President Boneystee1e recessed the meeting. At 11:00 P.M., President Boneystee1e reconvened the meeting. 7. REPORT ON ULFINIAN WAY SEWER PROBLEM AND REQUEST $5,000 FOR STUDY After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Gibbs, seconded by member Allan, that authorization of $5,000 be approved for an Engineering Study of U1finian Way Sewer problem in Martinez. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneystee1e None Rustigian (excused) 06 17 76 807 8. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. 9. INFORMATION a. Board noted receipt of correspondence from Robert B. Bradfield dated May 21, 1976. b. Board noted receipt of Negative Declaration from LAFCo, dated June 15,1976 regarding the possible annexation of 104 acre parcel to the City of Lafayette and CCCSD. VIII . REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Horstkotte advised the Board that there will be 17 members of the CASA Managers' Committee touring the Treatment Plant on June 19. b. Mr. Horstkotte advised the Board that Peter Knoedler refused service by mail. He will be served by the Marshal and the hearing at Small Claims Court is set for June 30. 2. SPECIAL COUNSEL FOR THE DISTRICT a. Mr. Bohn requested from the Board authorization to defend Brown and Caldwell against Kaiser Cement and advised them that the claim is a result of errors in specifications. Under our contract, the District has to defend Brown and Caldwell in suits of this nature. It was moved by Member Gibbs, seconded by Member Allan, that John A. Bohn Special Counsel for the District~ be authorized to defend Brown and Caldwell in the suit by Kaiser, resulting from errors in specifications. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian (excused) b. Mr. Bohn'stated that he has reviewed the Amended Contract for Design and Construction of Stage 5B Enlargement of the Water Reclamation Plant, and found it to be in good order. It was moved by Member Allan, seconded by Member Gibbs, that the President and Secretary be authorized to execute Amendment No.3, Amended Contract Change for Design and Construction of Stage 5B Enlargement of the Water Reclamation Plant. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian (excused) c. Mr. Bohn informed the Board of a suit filed by Maderos vs. the State of California et al. He requested that the Board authorize Mr. Allan DeFraga, of Gordon, Waltz, DeFraga, Watrous & Pizzaglia, who will be representing the other defendants, to also represent the District. The District is named in the suit because the plaintiff claims that her husband's death was caused by inhaling noxious chemicals while working for Peterson-Simpson. 06 1:, 76 808 It was moved by Member Gibbs, seconded by Member Allan, that Mr. DeFraga be authorized to represent the District in the suit of Maderos vs. State of California et al. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian (excused) d. Mr. Bohn advised the Board that he had received a letter from Senator Nejedly requesting the District's position on AB 2194. Member Gibbs, stated that the District should oppose the Bill because BASSA still has a function to perform. After further discussion, it was moved by Member Gibbs, seconded by Member Allan, that a resolution be adopted opposing the passage of AB 2194 and recommending that the Bill be referred for interim study. RESOLUTION NO. 76-118, A RESOLUTION OPPOSING THE PASSAGE OF AB 2194 AND RECOMMENDING THAT THE BILL BE REFERRED FOR INTERIM STUDY Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian (excused) e. Mr. Bohn advised that the District has received a letter from the City of Concord regarding the operation of the Concord Plant. Mr. Horstkotte indicated that there should be a letter of agreement that encompasses staff agreement between the City of Concord and the Central Contra Costa Sanitary District. It was moved by Member Gibbs, seconded by Member Alla~ that Special Counsel for the District be authorized to prepare a memorandum of understanding that encompasses staff agreement between the City of Concord and the Central Contra Costa Sanitary District. Motion carried by the following vote: AYES: NOES: ABSENT : Hembers: Members: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian (excused) f. Mr. Bohn asked the Board if they would accept an application for Counsel for the District that arrived one day late. Board agreed to accept the application. g. President Boneysteele inquired on the progress of the Contra Costa County Water District Contract. Mr. Bohn stated he would have it ready before the next meeting. 3. SECRETARY None. 4. COMHITTEES Hember Allan distributed copies of a memo to the Board regarding the recommendations for salaries, wages and fringe benefits for staff employees. He requested that the Board examine the recommendations so that they ,can be diScussed in full detail at the next meeting. Member Mitchell stated that he would not be able to attend the July 1, meeting. 06 17 76 809 President Boneysteele directed that a meeting be called for June 24, and the Agenda be limited to unresolved items in the budget, plant staff- ing, personnel recommendations regarding staff employees and applications for Counsel for the District. b. Board Members were advised that Mr. Carlton Webb, Sr. Plant Oper- ator, was elected and is acting as an instructor at the Contra Costa Community College District-Comprehensive Employment Training Act program from April 26,1976, through December 31,1976. Authorization was requested that during his absence, Mr. Webb's bene- fits as an employee of the District should not be interrupted. It was moved by Member Allan, seconded by Member Gibbs, that Carlton Webb be granted a leave of absence from the District without loss of District emploYment benefits, and that a resolution be adopted to that effect. RESOLUTION NO. 76-119, A RESOLUTION GRANTING CARLTON WEBB A LEAVE OF ABSENCE FROM THE DISTRICT WITHOUT LOSS OF CENTRAL CONTRA COSTA SAN- ITARY DISTRICT EMPLOYMENT BENEFITS Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Boneysteele None Rustigian (excused) IX. MATTERS FROM THE FLOOR None. At 11:40 P.M., President Boneysteele declared an executive session to discuss a personnel matter. At 12:14 A.M., June 18, 1976, President Boneysteele closed the exec- utive session. X. ADJOURNMENT At 12:15 A.M., June 18, 1976, President Boneysteele adjourned the meeting to June 24, 1976. President of the oard of rectors of Central Contra Costa Sani ry District of Contra Costa County, State of California COUNTERSIGNED: . .~:/i~ d of Directors of Sanitary District of State of California 06 17 76