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HomeMy WebLinkAboutBOARD MINUTES 12-16-76 943 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD DECEMBER 16,1976 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 December 16,1976. at 7:30 P.M. I. ROLL CALL PRESENT: ABSENT: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele . Allan Member Allan arrived at 7:58 P.M. II. APPROVAL OF MINUTES After discussion, it was moved by Member Rustigian, seconded by Member Gibbs, that the minutes of December 2,1976 be approved with the following additions: Under "VIII. REPORTS COMMITTEES b." in the third paragraph, add the following at the end of the last sentence: Oland to thank Mr. Boege for his offer." Under "IX. MATTERS FROM THE FLOOR", in the fifth paragraph strike out the last four words and add the following instead: "litigation concerning the Fred J. Early Contract." Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan President Boneysteele requested that the Board digress from the order of the agenda to take up the matters concerning those present in the audience. . Hearing no objections, the Board took up the items in the fo 11 owi ng order: IX. MATTERS FROM THE FLOOR 1. MARTINEZ EARLY CHILDHOOD CENTER TEMPORARY SEWER CONNECTION This item did not appear on the agenda due to the lateness of its submittal, however, Mr. Ken Jaffe, associated with the Center, has requested Board consideration to waive the minimum connection fee on the temporary mobile child care unit. They propose to build a permanent structure to replace the temporary unit within two years. After comments by staff and discussion, wherein President Boneysteele pointed out that the Board cannot permanently waive the fee, it was moved by Member Mitchell, seconded by Member Rustigian, that the Martinez Early Childhood Center pay $161 at this time, which amount will be credited towards the fees for the permanent structure when it ;s built, . also that the substandard sidesewer presently in the ground be considered acceptable for the temporary unit. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 12 16 76 944 VI I. NEW BUSINESS 2. AUTHORIZATION FOR THREE PARCELS (P.A. 76-35,36 AND 37) TO BE CONSIDERED IN PENDING ANNEXATION TO THE DISTRICT Mr. Jim Lynn, representing the Miranda Land Company, addressed the Board requesting approval of P.A. 76-36 (19 acre parcel, Walnut Creek- Alamo). The County has already approved the Negative EIR and the tentative plan. President Boneysteele pointed out that it is the policy of the Board not to approve any annexations prior to approval of the Planning Commission. Mr. Lynn asked if it would be possible to go ahead with the plan check so that he could get under the old connection, inspection and review fee rate. After further discussion, it was moved by Member Mitchell, seconded by Member Gibbs, that the preliminary plans (P.A. 76-36) would be included in future annexation, subject to approval of the County Planning Commission and LAFCo, at the current connection, inspection and review fee charge, with the understanding that in the event of a connection freeze, service may-not be available. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None It was moved by Member Rustigian, seconded by Member Mitchell, that P.A. 76-35 (Alamo) and P.A. 76-37, (Danvi11e) be approved. Motion carried by the following vote: AYES: NOES: . ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None IX. MATTERS FROM THE FLOOR b. Mr. Dean La Field, representing the Associated Building Industry of Northern California, Eastern Division, addressed the Board regarding the Board's action of November 18 with respect to raising District's inspection fees and charges. He stated that he feels the increase in regard to construction. inspection fees is extremely high.and that the affected contractors had not received adequate notice that the matter was being considered. Staff explained to Mr. La Field that the increase is partially due to the int~od~ction of TV inspection, which has improved the quality of work tremendously, however, this is an expensive operation. The other major contributing factor is the fact that the District has not adjusted inspection charges for three years to meet inflationary cost increases. After a lengthy discussion, it was moved by Member Rustigian, seconded by Member Gibbs, that a one month moratorium on fees and charges be initiated to allow time for staff to work with Mr. Dean La Field in analyzing costs contributing to the increase, that this matter be reconsidered at the meeting of January 27, 1977 and that the effective date of Ordinance No. 122 be deferred to February 1,1977. Motion carried by the following vote: AYES: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None President Boneysteele reverted to the order of the agenda. 12 16 76 945 III. APPROVAL OF EXPENDITURES None. IV. HEARINGS None. V. BIDS 1. DISTRICT SEWERING PROJECT NO. 2769 (DOLLIS PARK ROAD) LAFAYETTE Mr. Dalton, Deputy General Manager-Chief Engineer, explained that the following bids had been received that day for DSP 2769. BIDDER BID PRICE $ 8,516 R. D. Engineering 4602 Myrtle Avenue Sacramento, CA. Peter Cole Jensen, Inc. P. O. Box 553 Danvi 11 e, CA. 10,798 Eastwood & Son Sewer Construction P. O. Box 23452 Pleasant Hill, CA 10,900 Jardin Pipeline 2774 Jeffrey Ct. Castro VAlley, CA 11 ,541 Mountain Const., Inc. P. O. Box 116 San RAmon, CA 11 ,765 . BEPCO, INC. 4901 Tidewater Ave. Oakland, CA 11 ,909 Ernest E. Pestana, Inc. 2225 Old Oakland Rd. San Jose, CA 12,628.80 J. Balanco Pipeline Const. P. O. Box 614 Oakland, CA 16,458 M.G.M. Construction Co. P. O. Box 5757 Concord, CA 17,431 After discussion, it was moved by Member Gibbs, seconded by Member Rustigian, that R. D. Engineering be awarded the contract for DSP 2769, Do11is Park Rd., Lafayette, for the amount of $8,516. Motion carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None 12 16 76 946 1. IV. OLD BUSINESS AWARD OF AUXILIARY CONTRACT-WATER RECLAMATION PLANT PROJECT 5A, PHASE II After discussion, and upon written recommendation from Bechtel, Engineers for the Project, it was moved by Member Gibbs, seconded by Member Rustigian, that Monterey Mechanical Company be awarded the contract for the Auxiliary Contract-Water Reclamation Plant, Project 5A, Phase II, for the amount of $174,500. Motion carried by the following vote: AYES: NOES: ABSENT: 2. Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR DISTRICT SEWERING PROJECTS NOS. 1938 & 2395, A RELOCATION OF SEWERS AUTHORIZED BY STATE UTILITIES AGREEMENTS NOS. 407.12.1 & 407.13.2 FOR STATE FREEWAY 4, CONCORD After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer, it was moved by Member Allan, seconded by Member Rustigian, that the General Manager-Chief Engineer be authorized to file a Notice of Completion for DSPs 1938 and 2395. Motion carried by the following vote: AYES: NOES: ABSENT: 3. Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None SWIMMING POOL SURVEY After discussion, it was moved by Member Mitchell, seconded by Member Rustigian, that all swimming pools should be considered as included in the residential Environmental Quality Charge, and therefore, no additional charge should be made. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele Members: None Members: None AUTHORIZE AN ADDITIONAL $11,000 AND APPROVE PLANS AND SPECIFICATIONS FOR DISTRICT SEWERING PROJECT 2338, MUTH DRIVE, ORINDA, AND AUTHORIZE ADVERTISING FORBIDS 4. After review and explanation by Mr. Dalton, Deputy General Manager- Chief Engineer, it was moved by Member Gibbs, seconded by Member Rustigian, that authorization for an additional $11,000, approval of plans and specifications and advertising for bids be approved. Motion carried by the following vote: . AYES: NOES: ABSENT: 5. Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None ADDITIONAL AUTHORIZATION FOR COMPLETION OF EIR/EIS REQUIREMENTS WATER RECLAMATION PLANT 5B After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer, that 87-1/2% of the amount is recoverable under the Grant Program, it was moved by Member Gibbs, seconded by Member Rustigian, that monetary authorizations for the EIRIEIS for Water Reclamation Plant, Stage 5B Enlargements be increased by $43,900, to cover additional costs of the Final EIRIEIS, to a total authorization of $212,900 be approved. Motion carried by the following vote: AYES: NOES: ABSENT: 12 .16 Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 76 947 1. VII. NEW BUSINESS 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 respective resolutions be adopted and that their recordation be authorized. Grantor Job No. Parcel No. Lafayette School District 2321 1 E1baco Inc. 2796 1 C. M. Bloch, Inc. 2403 1 RESOLUTION NO. 76-273, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM LAFAYETTE SCHOOL DISTRICT OF CONTRA COSTA COUNTY, LAFAYETTE AREA (JOB NO. 2321 - PARCEL NO.1) RESOLUTION NO. 76-274, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM ELBACO, INC., ROUNDHILL AREA JOB NO. 2796 - PARCEL NO.1 RESOLUTION NO. 76-275, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM C: M. BLOCH, INC., DIABLO AREA JOB NO. 2403 - PARCEL NO.1 Motion carried by the following vote: AYES: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None 2. AUTHORIZATION FOR THREE PARCELS (P.A. 76-35; 36 & 37) TO BE CONSIDERED IN PENDING ANNEXATIONS TO THE DISTRICT Action on this item was taken by the Board as second item of business following "Approval of Minutes". 3. CONFIRM IIAMENDED ASSESSMENT DIAGRAW AND AUTHORIZE RECORDING OF SAID DIAGRAM After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer, it was moved by Member Mitchell, seconded by Member Rustigian, that confirmation of the IIAmended Assessment Diagramll and apportioned amounts of the following original assessment and authorization for recording of said diagram be approved. Original Assessment Number Amended Assessment No. Apportioned Amount 52-7-12-3 52-7-12-12 -13 -14 $1,925.72 1,925.72 1,925.72 Motion carried by the following vote: AYES: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Members: None 4. CLAIM OF MAXINE R. DUNCAN, 1937 ALMOND AVENUE, WALNUT CREEK, FOR $20.66 SEWER CLEANING After discussion, it was moved by Member Mitchell, seconded by Member Gibbs, that the sewage stoppage claim from Mrs. Maxine R. Duncan in 12 16 76 948 the amount of $20.66 be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None 5. CLAIM OF DORIS M. ESTES, 1050 MANZANA PLACE, LAFAYETTE,_$1,265- PROPERTY DAMAGE After explanation by staff and discussion, it was moved by Member Gibbs, seconded by Member Rustigian, that the claim for Mrs. Doris M. Estes in the amount of $1,265 be referred to our insurance carrier with a recommendation for payment. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 6. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA None 7. INFORMATION Board Members noted the billings from Lempres and Wulfsberg, attorneys for Brown and Caldwell, with reference to the Kaiser Sand and Gravel vs. Brown and Caldwell. Mr. Bohn explained the billings and stated that he would be giving the Board a monthly report on the case and also that Brown and Caldwell will be keeping us informed on the procedural matters. VII I. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER Mr. Dalton, Deputy General Manager-Chief Engineer, stated that he would like to expand on the letter to the Regional Water Quality Control Board. The Regional Board is going to require a more precise projection of flows and population. We have requested an extention to June 1,1977 . for compliance with the National Pollutant Discharge Elimination System (NPDES) standards. . After the Plant becomes operative and a report can be made on operative data, we anticipate making a request that our allowable discharge to the bay be increased from 30 MGD to 33 MGD. b. Project 5B is moving ahead. The EIR is a critical factor at this point and Jerry B. Gilbert is working on it in cooperation with the EPA. c. Staff has had a conference with the State Project Evaluator. The State will give us all the capacity through and around the City of Concord Treatment Plant. They are also willing to give us the following: 1. 8/10 MGD capacity in agreement that the District will reserve reserve this capacity for annexations that we approve over the next ten years. 2. 4/10 MGD capacity, for resolution agreeing to set aside capacity for those in the District who are on septic tanks. None Ðf this can be brought before this Board before approval of the EIR. . d. Mr. Dalton, Deputy General Manager-Chief Engineer, requested Board approval of overtime pay for some Engineering Department Personnel to complete necessary work on three projects for which the District has made grant applications. 12 16 76 949 It was moved by Member Gibbs, seconded by Member Allan, that authorization for overtime work by some Engineering Personnel to complete grant application requirements for DSPs 2252 and 2742 be approved. Motion carried by the fö 11 öwi ng vote: AYES: Members: Gibbs, NOES: Members: None ABSENT: Members: None 2. COUNSEL FOR THE DISTRICT Mitchell, Rustigian, Allan and Boneysteele None 3. SPECIAL COUNSEL FOR THE DISTRICT a. Mr. Bohn stated that the copies of the reports from the County Solid Waste Management Plan were distributed to the Board Members. After this Plan receives State approval, there will be a new committee established to see if there are any needed changes. b. Mr. Bohn reported on the Early litigation. More than one-half of the electrical system defici~ncies have been corrected, and within the next week, everything should be in order, which makes the filing of IINotice of Comp1etionll mandatory. As soon as he receives a letter from Bechtel stating that the job is complete, he will file a IINotice of Completionll. . c. Mr. Bohn presented a tabulated bill for charges connected with the Early litigation. Board Members requested that this bill be placed on the agenda for the next meeting for approval. 4. SECRETARY None 5. COMMITTEES a. Solid Waste Committee - Member Mitchell, Chairman of the Solid Aaste Committee, reported that the committee had a meeting with representatives from the cities of Concord,Pleasant Hill and Martinez, Mr. Boyd Olney, collector, and staff members on December 15,1976, in regard to solid waste labor contracts and collection rates. The cities represented indicated a strong interest in coordinating efforts to establish a uniform basis for fixing collection rates. At"that meeting, Chairman Mithcell brought up the matter of cost accounting system and Mr. Boyd Olney discussed the union proposals for wages and benefits. The matter of procedures in the event of a strike was also discussed. . b. Personnel Committee - Member Allan, Chairman of the Personnel Committee, reported that the applications for the position of General Manager-Chief Engineer are in the process of being evaluated. He asked the Board what action the Personnel Committee should take. President Boneysteele stated that there should be an executive session to discuss the applicants and designated January 13,1977 for an executive session meeting in this regard. President Boneystee1e requested that staff start collecting basic data to study the total compensation for employees. IX. MATTERS FROM THE FLOOR a. Martinez Early Childhood Center - This item was discussed at the. beginning of the meeting. 12 16 76 950 b. Presentation by Dean LaField - This item was discussed at the beginning of the meeting. c. President Boneysteele reported that there will be a CASA meeting on January 20, 1977 at Indian Wells. After discussion, it was moved by Member Gibbs, seconded by Member Rustigian, that authorization for payment of expenses for three Board Members and two staff members to attend the CASA meeting at Indian Wells on January 20, 1977 be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None Due to the conflicted dates of the CAS A meeting, the dates of the Board meetings in January 1977 will be the 6th and 27th, with a Study Session meeting on the 13th. d. Member'Allan reported that he had attended the Employees' Christmas Party on December 4, stating that he noted there were many new employees whom he had not met before. He suggested there should be an introduction committee. e. Member Allan stated that all employees should have the opportunity to visit the new Treatment Plant Facility and requested that staff make arrangements for those District employees who wish to tour the Treatment Plant to have the opportunity to do so. At 10:14 P.M., President Boneystee1e declared an executive session to discuss the selection of a new General Manager-Chief Engineer. At 10:40 P.M., President Boneysteele closed the executive session. x. ADJOURNEMENT At 10:41 P.M., President Boneysteele adjourned the meeting. f~ /; /';/ lí:l-~ .¿ '/()~N~~/.ç¿",.Cc,L Pres i dent of the Di s. i ct Board of the Central Contra CostaVSanitary District, County of Contra Costa, State of California COUNTERSIGNED: .............., 12 16 76