HomeMy WebLinkAboutBOARD MINUTES 01-27-77
963
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD JANUARY 27, 1977
The District Board of the Central Contra Costa Sanitary District
convened in an adjourned regular session at its regular place of meeting,
1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of
California, on January 27, 1977 at 7:30 P.M.
I.
ROLL CALL
PRESENT: Members:
ABSENT: Members:
Mitchell, Rustigian and Boneysteele
Gibbs (excused) and Allan
President Boneysteele indicated that Member Gibbs was ill and asked
that he be shown as excused.
Member Allan arrived at 7:45 P.M.
II.
APPROVAL OF MINUTES
1.
MINUTES OF THE MEETING OF JANUARY 6, 1977
After discussion, it was moved by Member Mitchell, seconded by
Member Rustigian, that the minutes of January 6, 1977 be approved as
presented. Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Mitchell, Rustigian and Boneysteele
None
Gi bbs and All an
2.
MINUTES OF THE MEETING OF JANUARY 13, 1977
After discussion, it was moved by Member Mitchell, seconded by
Member Rustigian, that the minutes of January 13,1977 be approved as
presented. Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Mitchell, Rustigian and Boneysteele
None
Gibbs and Allan
3.
MINUTES OF THE MEETING OF JANUARY 20, 1977
The regular meeting of January 20, 1977 was adjourned by the Secretary
of the District to January 27, 1977 by prearrangement because of the CASA
work conference.
President Boneysteele requested the Board digress from the order of
the agenda to hear the items pertinent to the people in the audience.
There were no objections.
2.
VI OLD BUSINESS
DISTRICT ANNEXATION NO. 55
Upon explanation by Mr. Dalton, Deputy General Manager-Chief Engineer,
and discussion by the Board, it was moved by Member Allan, seconded by
Member Rustigian, that District Annexation No. 55 be approved and a
resolution be adopted to that effect.
RESOLUTION NO. 77-17, A RESOLUTION ORDERING THE ANNEXATION OF
TERRITORY CONTAINED IN DISTRICT ANNEXATION NO. 55 TO THE CENTRAL
CONTRA COSTA SANITARY DISTRICT
Motion carried by the following vote:
01
2"
77
964
AYES: Members: Mitchell, Rustigian and Boneysteele
NOES: Members: None
ABSENT: Members: Gibbs and Allan
VI I.
NEW BUSINESS
2.
AUTHORIZATION OF FIVE PARCELS (P.A. 77-5,6,7,8 & 9) TO BE INCLUDED
IN PENDING ANNEXATIONS TO THE DISTRICT
After explanation by staff and discussion by Board Members, it was
moved by Member Rustigian, seconded by Member Mitchell, that authorization
to include the following five parcels in pending annexation be approved:
77-5 (Lafayette), 77-6 (Alamo), 77-7 (Danville), 77-8 (Martinez), 77-8
77-9 (Walnut Creek). Motion carried by the following vote:
AYES: Members: Mitchell, Rustigian and Boneysteele
NOES: Members: None
ABSENT: Members: Gi bbs and All an
IX. MATTERS FROM THE FLOOR
a. Staff brought to the Board's attention a complaint received
with regard to the construction of the Blackhawk sewer. Mr. Carniato,
District Counsel, stated that the issue is not with the developers of
Blackhawk but as to whether the District has secured the necessary
easements in order to install the sewer.
Staff has met with the attorney for the Diablo Community Services
District and the attorney for Blackhawk to determine the rights of the
CCCSD. Mr. Carniato advised the Board that, if necessary, the District
will proceed with a title search and condemnation proceedings. President
Boneysteele recommended that this be put over until further information
is obtained.
President Boneysteele advised that the Board would now revert to
the order of the agenda.
IlL
APPROVAL OF EXPENDITURES
None.
IV.
HEARINGS
None.
V.
BIDS
None.
V1.
OLD BUSINESS
1.
PLAN REVIEW AND INSPECTION FEES AND CHARGES
Mr. Dean LaField, representing the Associated Building Industry of
Northern California, addressed the Board. He stated that the Associated
Building Industry did not concur with staff evaluation for raising the
inspection fees, but are in agreement that there should be an alternative.
To this end, Mr. LaField submitted the followinq proposal:
1. Limit the increase in the plan check fee to $0.10, making the
new fee $0.20/lin ft.
2. Limit the increase of the main line inspection to $0.50, making
the new fees $l.OO/lin ft.
3. Suggest that the increase in the lateral inspection fee be only
$10, making the new fee $20.
01
27
77
965
Mr. Paul Baldocchi, contractor, made comments regarding the proposed
fees and indicated his displeasure.
Discussion followed wherein staff respeonded to Mr. LaFieldls proposal.
The Board suggested that staff compile additional statistics and come back
to the Board, prior to budget time, for a study session to consider fee
increases and alternative methods of comuting equitable fees.
After further discussion and deliberation, it was moved by Member Allan,
seconded by Member Mitchell, that the Board accept the interim proposal
submitted by Mr. LaField and directed staff to make further study on costs
and fee increases and report back to the Board prior to budget time.
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Boneysteele
None
Gibbs
Mr. Paul Baldocchi, building contractor, commended the Board for their
thoroughness in reviewing this matter and approving a satisfactory
alternative.
2.
DISTRICT ANNEXATION NO. 55
This item was acted upon as first item of business following approval
of minutes.
President Boneysteele recessed the meeting at 8:42 P.M.
President Boneysteele reconvened the meeting at 8:50 P.M.
PRIVATE JOB, DSP NO. 2081 - CLOSE AUTHORIZED ACCOUNT AND RETURN
BALANCE TO SEWER CONSTRUCTION FUND
3.
After explanation and discussion, it was moved by Member Allan,
seconded by Member Rustigian, that the authorized account for private
job, DSP No. 2081 be closed and the fund balance of $18,370_77 be returned
to the Sewer Construction Fund. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Allan and Boneysteele
None
Gibbs
4.
ENVIRONMENTAL QUALITY CHARGE
After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer,
it was moved by Member Allan, seconded by Member Rustigian, that Ordinance
No. 123, an Ordinance amending section 11-702 of the District Code to
define the basic unit relating to Environmental Quality Chrges be
adopted, and that this Ordinance shall be a general regulation of the
District and shall be published once in the Contra Costa Times, a newspaper
of general circulation published and circulated in Contra Costa County
and shall become effective upon expiration of the week of publication
(2 - 14- 77) .
ORDINANCE NO. 123, AN ORDINANCE AMENDING SECTION 11-702 OF THE
DISTRICT CODE TO DEFINE THE BASIC UNIT OF CHARGE RELATING TO
ENVIRONMENTAL QUALITY CHARGES
Mot ion ca rri ed by the fo 11 owi ng vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Boneysteele
None
Gibbs
01
27
77
966
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 Mitchell, seconded by Member
Rustigian, that the easements, as listed below, be accpeted at no cost
to the District, and that respective resolutions be adopted and that their
recordation be authorized.
Grantor
H. F. Davis, et ux
R. L. Downes
Moraga Professional Group
G. L. Pacini
Donald L. Bren Co.
Donald L. Bren Co.
R. A. Hosking
V. S. Ryan
J. A. Winters
W. C. Wurschmidt
D. T. Kilbourn and P. C. Kilbourn
D. Ellison et al
Job No.
Parcel No.
409
409
2198
2738
2746
2746
2746
2760
2797
2797
2803
2803
1
2
1
1
1
2
3
1
1
2
1
2
RESOLUTION NO. 77-18, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM H. FRED DAVIS AND LILLIAN E. DAVIS
WALNUT CREEK AREA (JOB NO. 409 - PARCEL NO.1)
RESOLUTION NO. 77-19, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM ROBERT L. DOWNES, WALNUT CREEK AREA
(JOB NO. 490 - PARCEL NO.2
RESOLUTION NO. 77-20, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM MORAGA PROFESSIONAL GROUP, A GENERAL
PARTNERSHIP, MORAGA AREA, (JOB NO. 2198-PARCEL 1)
RESOLUTION NO. 77-21, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM GEORGE J. PACINI AND EMLEY I. PACINI,
DIABLO AREA, (JOB NO. 2738 - PARCEL 1)
RESOLUTION NO. 77-22, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM DONALD L. BREN COMPANY, WALNUT CREEK
AREA, (JOB NO. 2746 - PARCEL NO.1)
RESOLUTION NO. 77-23, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM DONALD L. BREN COMPANY, WALNUT CREEK
AREA, (JOB NO. 2746, PARCEL NO.2)
RESOLUTION NO. 77-24, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM RAY A. HOSKING AND JOANN H. HOSKING,
WALNUT CREEK AREA, (JOB NO. 2746 - PARCEL NO.3)
RESOLUTION NO. 77-25, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM VERN S. RYAN AND GLADYS A. RYAN,
DANVILLE AREA, (JOB NO. 2760 - PARCEL NO.1)
RESOLUTION NO. 77-26, A RESOLTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM JOHN ALLEN WINTERS, PACHECO AREA,
(JOB NO. 2797 PARCEL NO.1)
RESOLUTION NO. 77-27, A RESOLUTION ACCEPTING AN EASEMENT AT NO
COST TO THE DISTRICT FROM WILLIAM C. WURSCHMIDT AND TONI M. WURSCHMIDT,
PACHECO AREA, (JOB NO. 2797 - PARCEL NO.2)
RESOLUTION NO. 77-28, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM DOUGLAS T. KILBOURN AND PATRICIA C. KILBOURN,
LAFAYETTE AREA, (JOB NO. 2803 - PARCEL NO.1)
(}'.I\ 1J
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2:-".,1>,'
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77
9El
RESOLUTION NO. 77-29, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM DAVID ELLISON AND RUBY E. ELLISON AND DAVE ELLISON,
LAFAYETTE AREA, (JOB NO. 2803 - PARCEL NO.2)
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Boneysteele
None
Gibbs
2.
AUTHORIZATION FOR FIVE PARCELS (P.A. 77-5,6, 7,8, & 9) TO BE INCLUDED
IN PENDING ANNEXATIONS TO THE DISTRICT
This item was acted upon earlier in the meeting as second item of
business following "11. APPROVAL OF MINUTES"
3.
CONFIRM "AMENDED ASSESSMENT DIAGRAM" AND AUTHORIZE RECORDING OF
SAID DIAGRAM
After explanation by Mr. Horstkotte, General Manager-Chief Engineer
it was moved by Member Rustigian, seconded by Member Mitchell, that
confirmation of the "Amended Assessment Diagram" for the following
assessment and authorization for recording of said diagram be approved.
Original Assessment No.
Amended Assessment No.
Apportioned Amt.
52-7-5-15
52-7-5-19
52-7-5-20
$1,925.72
3,851. 44
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Boneysteele
None
Gibbs
4.
AUTHORIZATION OF CONDEMNATION ACTION AGAINST DEPIERO, ET AL, NEAR
UNION STREET, PACHECO AREA
Mr. Horstkotte, General Manager-Chief Engineer, and Mr. Carniato,
District Counsel, advised the Board that Mr. Jon Reynolds has requested
the District proceed with the condemnation action of an easement fôr the
purpose of ':('nstructing a main sewer extension to serve his property.
However, there is a tenant who claims the first right to refusal to
purchase the property containing the easement, which may cloud the title.
After further discussion, it was moved by Member Allan, seconded by
Member Mitchell, that authorization for the District Counsel to initiate
legal proceedings be approved and a resolution be adopted to that effect.
RESOLUTION NO. 77-30, A RESOLUTION FINDING AND DETERMINING THAT
THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION,
CONSTRUCTION AND COMPLETION OF CERTAIN PUBLIC IMPROVEMENTS AND
AUTHORIZING THE FILING OF CONDEMNATION PROCEEDINGS
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Boneysteele
None
Gibbs
5.
AUTHORIZATION TO EXECUTE CONSENT TO DEDICATION FOR COUNTY ROAD
After explanation by Mr. Horstkotte, General Manager-Chief Engineer,
it was moved by Member Allan, seconded by Member Mitchell, that
authorization to execute consent to dedication of a county road be
approved and a resolution be adopted to that effect.
RESOLUTION NO. 77-31, A RESOLUTION AUTHORIZING EXECUTION OF CONSENT
TO DEDICATION FOR COUNTY ROAD (JOB NO. LID 43-5, PARCEL 10)
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77
968
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Boneysteele
None
Gibbs
6.
CLAIM OF WELLS FARGO BANK, 20 MORAGA WAY, ORINDA IN THE AMOUNT
or-$1,415 FOR PROPERTY DAMAGE
After explanation by Mr. Horstkotte, General Manager-Chief Engineer,
it was moved by Member Allan, seconded by Member Mitchell, that the
Wells Fargo Bank claim, 20 Moraga Way, Orinda, for $1,415 in property
damage be referred to our insurance carrier for payment. Motion carried
by the following vote:
AYES:
NOES:
ABSENT:
Members: Mitchell, Rustigian, Allan and Boneysteele
Members: None
Member: Gibbs
7.
AUTHORIZATION OF $1,000 FOR THE PURCHASE AND INSTALLATION OF
COMPUTER MEDIA STORAGE CABINETS
After explanation by Mr. Horstkotte, General Manager-Chief Engineer,
it was moved by Member Mitchell, seconded by Member Allan, that authorization
of $1,000 to purchase and install computer media storage cabinets be
approved. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members: Mitchell, Rustigian, Allan and Boneysteele
Members: None
Member: Gibbs
AUTHORIZE $850 FROM SEWER CONSTRUCTION FOR THE INSTALLATION OF
A 1,000 POUND LIFT GATE ON A PICK-UP TRUCK IN THE OPERATIONS
DEPARTMENT
8.
After explanation by Mr. Horstkotte, General Manager-Chief Engineer,
it was moved by Member Allan, seconded by Member Rustigian, that authorization
of $850 from the sewer construction fund for the installation of a 1,000
pound lift gate on a truck be approved. Motion carried by the following
vote:
AYES:
NOES:
ABSENT:
9
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Boneysteele
None
Gibbs
AUTHORIZATION TO TRANSFER CERTAIN RUNNING EXPENSE FUNDS TO SEWER
CQ~~IRUCTION FUND
After explanation by Mr. Horstkotte, General Manager-Chief Engineer,
it was moved by Member Rustigian, seconded by Member Allan, that authorization
to transfer $428,621.33 from Running Expense to Sewer Construction funds
be approved. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
10.
Members: Mitchell, Rustigian, Allan and Boneysteele
Members: None
Member: Gibbs
ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA
SELF-MONITORING PROGRAM ANNUAL REPORT FOR 1976
Mr. Horstkotte, General Manager-Chief Engineer, presented to Board
Members copies of the annual report to the Regional Water Quality Control
Board for their approval.
01
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969
After discussion, it was moved by Member Mitchell, seconded by
Member Rustigian, that the annual report as prepared by staff for presentation
to the Regional Water Quality Control Board be approved as submitted.
Motion carried by the following vote:
AYES: Members: Mitchell, Rustigian, Allan and Boneysteele
NOES: Members: None
ABSENT: Member: Gibbs
VII 1. REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
None
2.
COUNSEL FOR THE DISTRICT
Mr. Carniato advised the Board that he would give his report at an
executive session later in the meeting.
3.
SPECIAL COUNSEL FOR THE DISTRICT
None
4.
SECRETARY
None
5.
COMMITTEES
None
IX.
MATTERS FROM THE FLOOR
a.
This item was discussed earlier in the meeting.
b. President Boneysteele requested Board Members to accept the
application of David G. Niles, Manager-Plant Operations~ for the position
of General Manager-Chief Engineer. Hearing no objections, he instructed
the Secretary to schedule an interview with Mr. Niles.
c. Member Mitchell advised the Board that he may not be able to
attend the interview session of February 10, 1977.
At 9:21 P.M., President Boneysteele recessed the meeting.
At 9:25 P.M., President Boneysteele reconvened the meeting and
declared an executive session to consider Treatment Plant litigation and
letter concerning co-counsel for the litigation.
At 10:15 P.M., President Boneysteele closed the executive session.
d. After discussion, it was moved by Member Allan, seconded by
Member Rustigian, that authorization of $65,000 for preliminary work and
development of material concerning impending litigation be approved.
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Boneysteele
None
Gibbs
01
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77
970
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x.
ADJOURNMENT
At 10:16 P.M., President Boneysteele adjourned the adjourned regular
meeting to 9:00 A.M. January 29, 1977.
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resident of the Dlstri Board of the
Central Contra Costa ~nitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
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Secr ary of the Dis~ ct Board of the
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
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