HomeMy WebLinkAboutBOARD MINUTES 08-01-74
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MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL, CONTRA COSTA SANITARY DISTRICT
HELD AUGUST 1,1974
The District Board of Central Contra Costa Sanitary District convened
in a Regular Session at its regular place of meeting located at 1250
Springbrook Road, Walnut Creek, County of Contra Costa, State of California,
on August 1, 1974, at 8:00 o'clock,P.M.
The meeting was called to order by President Mitchell.
1.
ROLL CALL
PRESENT:
Members:
Gibbs, Boneysteele, Rustigian, Allan and Mitchell
ABSENT:
Members:
None
II.
APPROVAL OF MINUTES
1.
MINUTES OF THE MEETING OF JULY 18,1974
After comments by Board Members, it was moved by Member Allan, seconded
by Member Boneysteele, that the Minutes of the meeting of July 18, 1974, be
approved after making the following corrections:
Under "VI. OLD BUSINESS, 1, BRYAN RANCH (DEVIL MOUNTAIN) APPLICATION
FOR ANNEXATION," insert "a comma" after the word "comparison" and delete
the word "to", line 1, page 2. '
Delete the first paragraph, page 2, and insert the following:
"After preliminary discussion wherein Board Members queried Mr. Pate
regarding plans for construction of approximately 150 units per year in a
staged development of the Devil Mountain project over a period of five
years, Member Allan and President Mitchell discussed alternatives on
limitations for annexation. Member Allan stated that the Board could
limit annexation to the 650 foot elevation level since the plan for the
first year development of the project is not expected to exceed this 650
foot level. President Mitchell noted that an additional alternative is a
yearly limitation on annexation based upon actions and conditions imposed
yearly by the Board of Supervisors regarding the development.
Mrs.' Linda A. Moody representing' Amigos de Diablo,' addressed the
Board. Utilizing film slides, which depicted selected areas of Bryan Ranch and
with the use of maps, Mrs. Moody urged the Board not to consider annexation
of areas of Bryan Ranch beyond the 720 foot elevation level."
Delete the second paragraph, page 2, and insert the following:
"President Mitchell commented on the relationship of District financial
plans and ad valorem taxes and annexation and connection charges necessary
to finance future treatment plant expansion and the operations of the District.
He raised the question of plant capacity as a factor in determining policies
for annexation to the District."
Delete the fourth paragraph, page 2, and insert the following:
"Mrs. Moody responded to Mr. Waltz's comments by citing various sections
of the Government Code and the Health and Safety Code of California. She
claimed the Board does have the authority to exercise discretion in this
matter."
Delete the fifth sentence in paragraph 6, page 2.
Motion correcting the Minutes of July 18, carried by unanimous vote.
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2.
MINUTES OF THE MEETING OF JULY 25, 1974
After comments by Board Members regarding various ,corrections, item
was continued.
III.
APPROVAL OF EXPENDITURES
After comments by Member Gibbs and Boneysteele regarding Running Expense
Voucher No. 18679 and clarification by staff regarding tank truck and plant
water expenditures, it was moved by Member Gibbs, member of the Expenditure
Committee, seconded by Member Boneysteele, that after review, that expendi-
tures, specifically, Sewer Construction Vouchers Numbers 2199 to 2210 inclusive,
Running Expense Vouchers Numbers l8567 to 18678 inclusive, and 18680 to
18698 inclusive, and Payroll Vouchers Numbers 4947 to 0096 inclusive be
approved. Motion carried by unanimous vote.
At the request of Member Gibbs and with the consent of the Board, staff
was requested, with the assistance of the Counsel for the District, to provide
additionar clarifying information to Member Gibbs regarding Running Expense
Voucher 18679. Upon receipt of such information, Member Gibbs, as member
of the Expenditure Committee, may authorize payment.
IV.
HEARINGS
1.
DELINQUENT SEWER SERVICE CHARGE
Pr~sident Mitchell reopened the hearing on Delinquent Sewer Service Charges.
Mr. Horstkotte, General Manager-Chief Engineer, pursuant to a previous
request by the Board, reported the status of Sewer Service Charge Account
245-WC (Account of Gil, Angel and Valerie M. Gomez, l731 Cole Avenue,
Walnut Creek). Mr. Horstkotte stated that total connection and service charges
assessed to this account were $1,715.00 of which, the original owner, Stone and
Stewart paid ~O% ($17l.50) in accordance with the District's Code which, prior
to the recently adopted Ordinance 97, did authorize elective fixture charges.
Mr. Horstkotte stated that a total amount of $1,543.50 was due from Account
245-WC.
President Mitchell stated that the present owner, Mr. Angel Gomez has the
following options: pay the $1,543.50 in c?sh now; pay in cash, the amount
delinquent ($251.57 which includes interest and penalty charges) and pay a
monthly charge of $17.00, plus interest, until the total charges are liquidated;
or have the amount delinquent ($251.57) placed on the tax roll and pay the
monthly charge of $17.QO, plus interest, until the account is liquidated.
Mr. Angel Gomez addressed the Board and explained ,that he had no knowledge
that a delinquent sewer service charge existed on his property. He stated
that responsibility for the sewer service charge resided with Stone and
Stewart, the previous owner" and with whom the District had made the original
agreement regarding elective fixture charges.
After discussion regarding District billing procedures, dates for placement
of delinquent sewer service charges on the tax rolls, and the circumstances
in the case of Mr. Gomez, it was moved by Member Gibbs, seconded by Member
Allan, that Mr. Gomez (Account 245-WC) be relieved of any and all current
penalties (but not interest) that may have been applied due to delinquency of
sewer service for Fiscal Year 1972-73. Motion carried by una~imous vote.
Further discussion followed between Board Members, staff, Mr. Bohn and
Mr. Gomez regarding the contention by Mr. Gomez that the responsibility for
sewer service charges resides with the original owner of the property. During
the discussion, President Mitchell explained that the Board had recently
adopted Ordinance 97 in order to preclude possible inequities regarding sewer
service charges when ownership of properties changed hands.
After the discussion, Secretary Davis reported receipt of correspondence
dated July l2, 1974, from Mrs. T. Fortsch, 6107 Station Road, Sebastopol,
California, (Account l7-A). In her correspondence, Mrs. Fortsch explained the
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circumstances for her delinquencey in sewer service charges. She explained that
the previous owner of the Coin Washing Well, 1495 Danvi1le Boulevard, Alamo,
had neglected to inform her that such sewer service charge existed. Secretary
Davis stated in accordance with Ordinance 97, adopted May 2,1974, which
amended the District Code in regard to elective fixture charges, Mrs. Fortsch
is entitled to a refund of $224.00.
RESOLUTION NO. 74-ll4, A RESOLUTION OVERRULING PROTESTS AND ADOPTING
THE REPORT PURSUANT TO SECTION 5473, HEALTH AND SAFETY CODE
After President Mitchell closed the hearing, it was moved by Member
Gibbs, seconded by Member Allan, that Resolution No. 74-ll4, be adopted.
Motion carried by unanimous vote.
After direction by President Mitchell, staff provided Mr. Gomez with a
copy of the original agreement between the District and Stone and Stewart
regarding elective fixture charges and a copy of District Ordinance 97.
V.
BIDS
1.
DSP 2259
Mr. Horstkotte, General Manager-Chief Engineer, reported that bids
for DSP 2259, opened at 2:00 o'clock P.M., this day were as follows:
Peter Cole Jensen
P. O. Box 553
Danville, CA,
$113,808.00
McGuire & Hester
796 - 66th Ave.
Oakland, CA
$114,806.70
W. R. Thoma~on, Inc.
P. O. Box 2249
Martinez, CA
$119,l35.00
Billings Plumbing, Inc.
P. O. Box 609
Concord, CA
$l22,000.80
Camkis, Inc.
l3689 San Pablo Ave.
San Pablo, CA
$l22,170.00
J & M, Inc.
P. O. Box 128
Hayward, CA
$132,626.00
Mission Pipeline, Inc.
P. O. Box 65
Milpitas, CA
$l54,945.00
Ernest E. Pestana, Inc.
2l25 O:Ld Oakland Hiway
~'San Jose, CA
$206,425.00
Upon the recommendation of Mr. Horstkotte, it was moved by Member
Boneysteele, seconded by Member Gibbs, that award of DSP 2259 be made to the
lowest bidder, Peter Cole Jensen, Danville, California. Motion carried
by unanimous vote.
VI.
OLD BUSINESS
1.
CONCORD CONTRACT AGREEMENT
Board Members, staff and Mr. Bohn, Counsel for the District, reviewed and
discussed the July 25, 1974, proposed draft contract agreement related to the
treatment of wastewater by the District received from the City of Concord.
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During the discussion, Board Members, staff and Mr. Bohn also reviewed
correspondence received from the City of Concord dated July l8, 1974,
which was addressed to the State Water Resources Control Board and corres-
porrlencereceived from the East/Central Contra Costa County Wastewater
Agency, dated July 25,1974, also addressed to the State Board. In addition,
Board Members, staff and Mr. Bohn noted correspondence received from the
East/Central Agency, dated July 25, 1974, which invited the District to join
that Agency. ' ,
As a result of the discussion, it was the consensus of the Board that the
General Manager-Chief Engineer be authorized to consult with J. B. Gilbert
and Associates regarding wastewater management in Contra Costa County.
Further, that staff' prepare, for submission to the Board, a response to the
correspondence received from the East/Central Contra Costa County Wastewater
Management Agency regarding District membership in the Agency. Lastly, staff
was requested to arrange a meeting between the District's Negotiating
Committee and officials of the City of Concord. Item continued.
2.
EAST/CENTRAL CONTRA COSTA COUNTY WASTEWATER MANAGEMENT AGENCY
This item was discussed in conjunction with Item l, the Concord
Contract Agreement, as the items are related.
3.
LID NO. 55 ASSESSMENT TABULATION
Board members noted District correspondence forwarded to each Property
Owner, LID No. 55. Such correspondence provided property owners with
explanatory information regarding tentative financial and assessment
calculations for LID No. 55.
VII.
NEW BUSINESS
1.
CONSENT ITEMS
a.
ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT
It was moved by Member Boneysteele, seconded by Member Rustigian, that
'easements from:
Grantor
John Si1agy, et ux
Job No. Parcel No.
2220 1
24l4 1
2516 1
H. E. Cooper, Jr. &
R. C. Cooper
F. G. Bolla, et a1
be accepted and their recording ordered.
Carried by unanimous vote.
2.
REQUEST FROM DISTRICT EMPLOYEES ASSOCIATION FOR SALARY ADJUSTMENT
RESOLUTION NO. 74-l20, A RE~OLUTION ESTABLISHING SALARY SCHEDULE FOR
DISTRICT EMPLOYEES
Board Members were provided with a written request from Mr. Robert
Hedgecock, President, District Employees Association, for a 2-l/2% salary increase
adjustment for all employees to be effective July 1,1974. Such salary
adjustment would be in addition to the 7-l/2% general salary increase approved
by the Board at its meeting of May 23, 1974. As justification, Mr. Hedgecock
cited cost of living salary adjustments that had been granted by other local
governmental entities and which ranged from 8.2 to 12.5%.
Mr. Hedgecock addressed the Board and stated that the cost of living
index from June 1973, to June 1974, had risen 10.2% and then cited cost of
living salary adjustments granted by further additional governmental entities.
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A general discussion followed between Board Members, staff and
representat'ives of the Employees Association who were present in the audience.
During the discussion, reference was made to the impending salary and job
classification survey to be conducted for the District by the State Personnel
Board, Cooperative Personnel Services Division, and the request of the
Employees Association for an additional 2-1/2% salary increase adjustment.
Member Boneysteele, after acknowledging the horrendous impact of inflation
on all citizens, suggested that all employees receive a 2-l/2% salary
increase adjustment. Member Gibbs noted that traditionally in the matter of
salaries, the District had monitored closely the action taken by the County.
Member Rustigian, while recognizing the impact of inflation on District
personnel, suggested that current salaries of certain job classifications,
particularly in the supervisor range, were probably adequate and that if any
inequities were to arise, these would be noted by the State salary survey and
could be corrected.
After discussion, it was moved by Member Rustigian, seconded by Member
Allan, that Resolution No. 74-l20 which grants all District employees,
Range 66 and below, an additional 2-l/2% salary increase adjustment
retroactive to July l, 1974, be adopted. Motion carried by the following vote:
AYES:
NOES:
Members:
Members:
Gibbs, Rustigian and Allan
Boneysteele and Mitchell
Member Boneysteele explained that he opposed the motion on salary
adjustment because he thought the 2-1/2% salary increase adjustment should be
applicable to all District personnel in range 72 and below, vice range 66.
At 9:29 o'clock P.M., President Mitchell recessed the meeting.
At 9:33 o'clock P.M., President Mitchell reconvened the meeting.
3.
AUTHORIZATION TO CALL FOR BIDS, WATER RECLAMATION PROJECT, PHASE II
After explanation by Mr. Horstkotte, General Manager-Chief Engineer,
regarding the time schedule necessary to complete by September 1976, the
Phase II project, it was moved by Member Rustigian, seconded by Member
Gibbs, that authorization to call for bids on August 5, 1974, for Water
Reclamation Project, Phase II, be approved. Motion carried by unanimous
vote.
4.
CORRESPONDENCE DATED JULY 26,1974, FROM JOHN A. BOHN REGARDING
DISCLOSURE OF INFORMATION
Mr. Bohn, Counsel for the District, presented to the Board Members a
report he had prepared regarding the rights and responsibilities of a public
agency under the Inspection of Public Records Act.
After explanation by Mr. Bohn, which pertained to specific sections of
the Act as detailed in his report, discussion followed with particular
reference to a request by The Orinda Association to review and examine
financial data submitted to the District by one of its garbage collection
franchisees.
After discussion, with Member Allan expressing his concern, it was the
consensus of the Board that Secretary Davis be authorized to make available
to The Ori~da Association District records and information that was presented
to the Board and which pertains to its franchiseee, the Orinda/Moraga
Garbage Disposal Service, Inc.
5.
'AUTHORIZE INCREASE IN MILEAGE ALLOWANCE
After explanation and reference to Contra Costa County rates by
Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Gibbs,
seconded by Member Allan, that mileage allowance be established effective _H
August 25, 1974, at l7ç per mile up to 300 miles; l2ç per mile from 30l-700
miles; and 7ç per mile for over 700 miles. Motion carried by unanimous vote.
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6.
AUTHORIZE STAFF ATTENDANCE AT CAL/OSHA SEMINAR, AUGUST 22, 1974, OAKLAND
After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it
was moved by Member Allan, seconded by Member Rustigian, that Mr. Jay McCoy,
Senior Engineer, and Mr. William Ramsay, Supervising Construction Inspector,
be authorized registration fees ($60.00 each) and transporation to attend
the CAL/OSHA seminar, August 22, 1974, in Oakland. Motion carried by
unanimous vote.
7.
AUTHORIZE GENERAL 'MANAGER-CHIEF ENGINEER TO FILE NOTICE OF COMPLETION,
LID 54-1
RESOLUTION NO. 74-ll5, A RESOLUTION ACCEPTING COMPLETION AND DIRECTING
ENGINEER TO FILE NOTICE OF ACCEPTANCE AND COMPLETION, LID NO. 54-1
After explanation by Mr. Horstkotte, General Manager-Chief Engineer,
that additional monies in excess of the required lO% of the contract had been
withheld from the contractor to cover the necessary 35 day lien period for
the project, it was moved by Member Gibbs, seconded by Member Boneysteele,
that Resolution No. 74-115 be adopted. Motion carried by unanimous vote.
8.
CERTIFICATION OF REVIEW AND CONSIDERATION OF CONTENTS, STATE OF
CALIFORNIA EIR FOR DSP 1938 AND 2395
,After statement by Mr. Horstkotte, General Manager-Chief Engineer, that
staff has reviewed the State of California's EIR, the lead agency for this
project, and had negative comments, and upon the recommendation of
Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member
Rustigian, seconded by Member Allan, that in accordance with District
Ordinance 95, the Board hereby certifies that upon report by staff, the
State EIR for DSP 1938 and 2395 has been reviewed by staff and its contents
duly considered. Motion carried by unanimous vote.
9.
OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA
None.
10.
INFORMATION'
a.
PROPOSED "RESOLUTION REQUESTING RESPONSIBLE AGENCIES TO DEVELOP
AND IMPLEMENT A WATER QUALITY MANAGEMENT PLAN FOR THE ALAMEDA
CREEK WATERSHED ABOVE NILES"
Board Members noted and discussed the proposed Resolution related to
development and implementation of a Water Quality Management Plan for the
Alameda Creek Watershed which was received from the Bay Area Sewage Services
Agency.
VIII.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
a. Mr. Horstkotte presented Board Members with a copy of a letter to
be sent to the City of Walnut Creek which responds to certain matters con-
cerning the proposed sewering of the Upper Pine Creek Project, WS 27.
Discussion followed between Board Members, staff, and Mr. Bohn,
Counsel for the District, regarding the proposed letter and its relationship
with the District's policy on cooperation with municipalities and matters
of annexation.
After discussion wherein Mr. Bohn was requested to review the proposed
letter and report to the Board, item was continued.,
b. Mr. Horstkotteread to Board Members correspondence dated July 29,
1974, received from the editor of the Journal Water Pollution Control
Federation. In the correspondence, Mr. Horstkotte, or hïs representative, was
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requested to appear at its national meeting, December 1-5,1974, in
Washington D. C. to present the paper "Full-Scale Testing of a Water
Reclamation System," co-authored by Mr. Horstkotte, and which appeared in
the January 1974, issue.
c. Mr. Horstkotte read correspondence dated June 24,1974, received
from Clemson University wherein Mr. Horstkotte was requested to particiapate
in a workshop on "Research Needs for Automation of Wastewater Treatment
Systems" during the period September 23-25, 1974.
d. Mr. Horstkotte reported that he would be addressing a group of The
Commonwealth Club in San Francisco on August 15, 1974, regarding matters
of wastewater management.
Mr. Horstkotte stated that it was his intention to attend the various
functions just outlined, subject to objection ~y the Board.
e. Mr. Horstkötte presented Board Members with a copy of staff's
outline for the implementation of a planning and finance study previously
requested by the Board.
f. Mr. Horstkotte reported that the strike affecting the construction
of the District's Water Reclamation Facilities had been settled. However,
the possibility existed that other unions may decide to go on strike which
could affect the District. '
g. Mr. Horstkotte reported that President Mitchell had signed
correspondence terminating the District's present contract for treatment of
wastewater from the City of Concord, effective ,July l, 1976. Mr. Horstkotte
then stated that correspondence dated July 30,1974, from Bartle Wells and
Associates regarding State Clean Water Grant Revenue Program Guidelines
was only applicable to the District's Stage 5B program.
2.
COUNSEL FOR THE DISTRICT
. a. Mr. Bohn reported on the current activities of the State Board on
Waste Management and its relations with the State Department of Public
Health. He indicated that he would have further information available
next Board meeting.
Solid
at the
b. Mr. Bohn and Mr. Horstkotte explained the circumstances so~rounding
a claim against the District in the amount of $900.00 for monthly rental of
a District radio transmitter site located on Smith hill. After explanation,
it was moved by Member Boneystee1e, seconded by Member Gibbs, that authori-
zation of $900.00 for District radio transmitter site rental be approved.
Motion carried by unanimous vote. '
3.
SECRETARY
After explanation by,Mr. Davis, it was moved by Member Boneysteele,
seconded by Member Allan, that easement from Shell Oil Corporation,
Bechtel T. P., Parcel 8,be accepted and its recording ordered. Motion
carried by unanimous vote.
4.
COMMITTEES
BAY AREA SEWAGE SERVICES AGENCY
a.
Member Gibbs, Trustee of BASSA, reported that BASSA intends to hold a
regional meeting in Dublin with representatives of the City of Livermore
and The Valley Community Services District.
IX.
MATTERS FROM THE FLOOR
None.
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x.
ADJOURNMENT
At ll:l0 o'clock P.M., President Mitchell adjourned the meeting.
,,)
.'~,~/ It: ~ti/ , i~ If
Pr 'sident of ,t e Ùistrict Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
COUNTERSIGNED:
., ,'\"\ .
,'-" " ,,~,',
l.t",v.,..ò
Secretary of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
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