HomeMy WebLinkAboutBOARD MINUTES 09-02-76
870
MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD SEPTEMBER 2, 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 September 2,
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, Allan and Boneysteele
ABSENT:
Members:
None
II.
APPROVAL OF MINUTES
1.
MINUTES OF AUGUST 12, 1976 (HEARING)
Minùtes of August 12, 1976 were deferred to the next meeting.
III.
EXPENDITURES
None.
IV.
HEARINGS
None.
V.
BIDS
None.
President Boneysteele asked if there was anyone in the audience
wishing to be heard on a particular agenda item.
Mr. Hopkins, Secretary of the District, stated that there were people
present concerning an annexation matter under "VII. NEW BUSINESS, ITEM 2".
President Boneysteele asked if there were any objections to digressing from
the order of the Agenda. Hearing none, he took up New Business, Item 2 as
the first item of business.
2.
AUTHORIZATION FOR ONE PARCEL (P.A. 76-22) TO BE CONSIDERED IN PENDING
ANNEXATIONS, SUBDIVISION 4915, ALAMO
Mr. Roy L. Towers; Vice President of Elbaco, addressed the Board and
using a map explained the requested annexation and the development which
would be adjacent to and north of Roundhill Country Club. He stated that
the total land consists of 282 acresi' of which 70 acres are reserved for
open space purposes. Upon studying the map, Board Members suggested
excluding the northeastern portion of the land.
Member Gibbs inquired as to what hearings had been held regarding this
annexation'. Mr. Towers replied that a tentative map has been submitted to
the County but there has been no public hearing to date.
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871
After discussion, it was the consensus of the Board that all planning
approvals by the County (including EIR-EIS) should be received prior to any
Board action and the public should be given notice when the District Board
is planning to consider the annexation.
President Boneysteele then reverted to the order of the Agenda.
VI.
OLD BUSINESS
1.
REVENUE PROGRAM
a.
LETTER RE EQC RATE FOR COMMERCIAL & INDUSTRIAL PROPERTIES
Board Members reviewed and approved the letter written by staff to
commercial property owners subject to minor language change.
b.
LETTER RE EOC RATE FOR TAX-EXEMPT PROPERTIES
Board Members reviewed and approved the memo regarding the Environmental
Quality Charge of tax-exempt properties not assessed on the County Tax Roll.
Staff explained that all tax-exempt agencies will be notified.
LID 55, MTTHORIZING NOTICE OF INTENTION TO TERMINATE AND NOTICE OF
TERMINATION OF PERFORMANCE OF CONTRACT
2.
After explanation by Mr. Horstkotte, General Manager-Chief Engineer,
it was moved by Member Gibbs, seconded by Member Rustigian, that a resolution
authorizing Notice of Intention to Terminate and Notice of Termination of
Performance of Contract, be adopted.
RESOLUTION NO. 76-188, A RESOLUTION AUTHORIZING NOTICE OF INTENTION
TO TERMINATE AND NOTICE OF TERMINATION OF PERFORMANCE OF CONTRACT LID 55
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
3.
CONCORD CONTRACT AMENDMENT
Mr. John Carniato, District Counsel, stated that Mr. David Levy,
Counsel for City of Concord, is away at present and therefore, he has
nothing to report on the matter.
4.
CONFLICT OF INTEREST CODE
Mr. Carniato, District Counsel, stated he has written to the Fair
Political Practice Commission requesting an opinion regarding the code
for our District.
VII.
NEW BUSINESS
1.
ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF
RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING
After discussion, it was moved by Member Allan, seconded by Member
Rustigian, that the easements, as listed below, be accepted at no cost
to the District, and that resolutions be adopted and that their recordation
be authorized.
Grantor
Job No.
Parcel No.
U.C.O. Terminals, Inc.
Kirit R. Parikh, et ux
Brookwood Assoc.
Charles L. Olson, et ux
Michael J. Donovan, et ux
Patrick F. O'Shea
1550
2581
2750
2735
2700
2700
Martinez
3
1
2
2
3
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76
872
a.
RESOLUTION NO. 76-189, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM U.C.O. TERMINALS, INC., MARTINEZ AREA (JOB NO.
1550 - ACCESS ROAD
b.
RESOLUTION NO. 76-190, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM KIRIT R. PARIKH, ET UX, WALNUT CREEK AREA (JOB
NO. 2581 - PARCEL NO.3)
c.
RESOLUTION NO. 76-191, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM BROOKWOOD ASSOCIATES, LAFAYETTE AREA (JOB NO.
2750 - PARCEL NO.1)
d.
RESOLUTION NO. 76-192, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM CHARLES L. OLSON, ET UX, DANVILLE AREA (JOB NO.
2735 - PARCEL NO.2)
e.
RESOLUTION NO. 76-193, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM MICHAEL J. DONOVAN, ET UX. MORAGA AREA (JOB NO.
2700 - PARCEL NO.2)
f.
RESOLUTION NO. 76-194, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM PATRICK F. O'SHEA, MORAGA AREA (JOB NO. 2700-
PARCEL NO.3)
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneystee1e
None
None
2.
AUTHORIZATION FOR ONE PARCEL (P.A. 76-22) TO BE CONSIDERED IN PENDING
ANNEXATIONS, SUBDIVISION 4915, ALAMO
This item was discussed as first item of business following "V.
BIDS".
3.
AUTHORIZE STAFF ATTENDANCE AT CALIFORNIA ASSOCIATION OF REPROGRAPHIC
SERVICES SEMINAR & WORKSHOP OCT. 6-8, SAN LUIS OBISPO
After discussion by Board Members, it was moved by Member Allan,
seconded by Member Rustigian, that Robert Marple be authorized transportation,
registration and per diem to attend the California Association of Reprographic
Services Seminar a,nd Workshop on October 6-8, in San Luis Obispo. Motion
carried by the following vote:
AYES:
NOES:
AYES:
Members:
Members:
Members:
Gibbs, Rustigian, Allan and Boneystee1e
Mitchell
None
4.
ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA
a.
CORRESPONDENCE FROM INDUSTRIAL TANK, INC., REGARDING JOINT
CCCSD-INDUSTRIAL TANK, INC., (PDS) SANTA FE R/R CROSSING
IMPROVEMENTS
Mr. Hopkins, Secretary of the District stated that the Santa Fe Railroad
is seriously concerned about people illegally circumventing our joint
railroad crossing signal system on the Treatment Plant west service road.
Therefore, it became necessary to install tire destruction devices and
pipe barriers. Staff requests that Board approve payment of 50% of
the improvement costs, amounting to $1,583.65.
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873
After discussion, it was moved by Member Allan, seconded by Member
Rustigian, that authorization to pay $1,583.65 to Pacific Disposal Systems
(Industrial Tank) as the Sanitary District's share of crossing improvements.
Motion carried by the following vote:
AYES:
NOES: .
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
5.
INFORMATION
a. Board Members noted memo dated August 26, 1976 from Perry Schafer
of J. B. Gilbert Associates, regarding resolution relating to section 208
and AQMP Development.
b. Board Members discussed the San Francisco Bay Region Hunicipal
Wastewater Solids Hanagement Study workshop on September 17. ~1r. Horstkotte
stated that staff will attend.
VIII.
REPORTS
1.
GENERAL MANAGER-CHIEF ,ENGINEER
a. Hr. Horstkotte advised the Board that two bids were received this
date for a 5 yd. dump truck for the Treatment Plant. They are as follows:
Don Young Ford
Rett-White Ford
$13,279.72
13,079.13
After discussion, it was moved by Hember Rustigian, seconded by Member.
Gibbs, that the bid from Rett White Ford for a 5 yd. dump truck in the
amount of $13,079.13 be accepted. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Hembers:
Hembers:
Hembers:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
b. It is necessary that the Sanitary District operate a portion of the
Concord Sewage Treatment Plant until the completion of the 5A Water Reclamation
Plant project. An analysis indicated that a temporary by-pass pipeline could
be constructed, utilizing portions of existing piping, to connect primary
treatment facilities (by-passing secondary treatment) with the existing 21"
overflow line to Line A.
The advantages of this modification would be lower operating costs;
elimination and return of the secondary treatment system and oxidation ponds
to Concord, and the elimination of treated sewage discharge to Walnut Creek.
The estimated cost of this temporary pipeline installation would be $7,000.
After discussion, it was moved by Member Rustigian, seconded by Hember
Allan, that the Board authorize $7,000 for the installation of a temporary
pipeline at the Concord Sewage Treatment Plant. Hotion carried by the
following vote:
AYES:
NOES:
ABSENT:
Hembers:
Hember s :
Hembers:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
c. Mr. Horstkotte stated that pursuant to the request from the
Employees' Association, the Board authorized payment of medical insurance
premiums for surviving spouses of retired employees. However, it was not
clear whether this benefit was intended to cover spouses of living retirees.
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874
Member Allan stated that in negotiations with the Employees' Negotiating
Committee, that question was asked and it was determined at that time that
the seven surviving spouses of retired employees would be covered by medical
benefits effective July 1, 1976 and the spouses of living retirees will be
covered by medical benefits upon the demise of the retiree.
After discussion, President Boneysteele directed the staff to draft a
formalized policy as expressed by the Board concerning medical benefits
for spouses of deceased retired employees, which became effective July 1,
1976, and submit same to the Personnel Committee and Counsel for review.
d. Mr. Horstkotte reportedon the progress of the Water Reclamation
Project, Phase I and II, for the month of August. He stated that all the
building exteriors are now complete with the exception of the facade. The
only major item of equipment to be placed in the Solids Building are the
centrifuges and these should be installed this month. The Administration
Building is nearing completion with the major work remaining in the
laboratory.
The electricians' strike has handicapped the project and will probably
affect the completion date.
2.
COUNSEL FOR THE DISTRICT
None.
3.
SPECIAL COUNSEL FOR THE DISTRICT
a. Mr. Bohn discussed the Kaiser Sand & Gravel case and stated that
under our contract with Brown and Caldwell, the District is required to
defend Brown and Caldwell if they are sued. However, that does not preclude
the District from suing Brown and Caldwell if there are indications that they
were at fault. Therefore, we may have a conflict of interest.
In this particular case, Brown and Caldwell is asking that the District
waive its right to recoup from them. Mr. Bohn opposes waiving any rights.
b. Kaiser Sand and Gravel is suing Peterson-Simpson.
Simpson lose, they will likely sue the District.
Should Peterson-
c. Board Members queried Mr. Bohn on his charges~ He explained that
under his contract he receives a set fee per month to handle legal matters
related to the Water Reclamation Facility construction. Board Members requested,
a definitive policy showing what services are covered under the contract
and what is considered outside the contractual fee. Mr. Bohn stated that
he would draft a letter defining his duties as Special Counsel for the
District.
d. Member Gibbs stated that
Plant, there was no indication as
District. Mr. Horstkotte, General
amounts had been indicated on the
in the summary received
to the amount of claims
Manager-Chief Engineer,
previous summary.
from the Treatment
against the
stated that the
Mr. Bohn replied that the big claims will come from: 1. systems
(whose responsibility it is to make the job work) and 2. impact (slows
things down). Mr. Bohn also said that everything that has been done has
been documented and he has correspondence on all claims.
e. In answer to Board query regarding the status with PG&E on fuel
allocation, Mr. Bohn stated that Brown and Caldwell is drafting a letter
dealing solely with the question why we cannot use diesel fuel exclusively.
If this letter does not convince PG&E of our gas requirements, we will file
a letter ourselves and proceed immediately.
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875
3.
SECRETARY
Mr. Hopkins advised that the District has received 18 resumes for the
position of General Manager-Chief Engineer.
4.
COMMITTEES
a.
PERSONNEL
a-1. Member Allan advised that staff had requested that the Board approve
the revised Jr. Accountant classification.
It was moved by Member Allan, seconded by Member Gibbs, that the revised
classification for Jr. Accountant be approve~ and a Resolution be adopted to
that effect.
RESOLUTION NO. 76-195, A RESOLUTION ADOPTING A NEW CLASSIFICATION FOR
JR. ACCOUNTANT, DATED 9-2-76
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneystee1e
None
None
a-2. Member Allan stated that staff is recommending the hiring of
Mr. Paul Papke to the position of Computer Engineer. Mr. Horstkotte explained
the necessity of having two computer men (providing backup for each other).
Member Gibbs stated that the position was not shown on our organization charts
and it was not mentioned that another computer man might be needed. Member
Gibbs also wanted to know what backup we receive from Wismer Becker.
Mr. Horstkotte indicated that we are covered only by the one-year warranty.
President Boneysteele stated that it was the consensus of the Board that
this matter be referred to the Personnel Committee. Mr. Horstkotte requested
that this matter be brought up at the September 16 meeting.
a-3. Member Gibbs stated that he requested a copy of the Employees'
Handbook from Clyde Hopkins. His interest was in the rules governing overtime
and compensatory time. He objected that compensatory time is given to
management employees.
After further discussion, President Boneysteele requested that staff
formulate an overtime policy and have a meet and confer session with the
Personnel Committee.
b.
SOLID WASTE
Member Mitchell asked if staff has any reports on the garbage salaries
from Oakland Scavangers. Staff indicated that they had no report.
IX.
MATTERS FROM THE FLOOR
a. Member Allan stated he would be absent from the meetings of
September 16 and 23 and requested to be excused.
b. Mr. Dalton advised that ten copies of the EIR/EIS report on Stage 5B
Enlargements have been received. The EPA Hearing of September 30 will deal
with this report.
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876
x.
ADJOURNMENT
At 9:55 P.M., President Boneysteele adjourned the meeting.
/:"/ /-J
: /< ' "
" ,-/" /) ~, /-?:;;'{
President of the Board 0 irectors of
Central Contra Costa Sa tary District of
Contra Costa County, State of California
COUNTERSIGNED:
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