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HomeMy WebLinkAboutBOARD MINUTES 04-01-76 742 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD APRIL 1, 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 April 1, 1976, at 7:30 P.H. President Boneystee1e called the meeting to order and requested the Secretary of the District to call roll. I. ROLL CALL PRESENT: Members: Gibbs, Mitchell, Rustigian'and Boneystee1e ABSENT: Member: Allan Member Allan arrived at 7:47 P.M. II. APPROVAL OF MINUTES After discussion, it was moved by Member Gibbs, seconded by Member Rustigian, that in the Minutes of l1arch 18, 1976 under "II. APPROVAL OF HINUTES" and in the Minutes of March 4, 1976 under "VIII. REPORTS- GENERAL MANAGER-CHIEF ENGINEER", the last five words under "f." should be deleted. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Member: Members: Gibbs, Rustigian, Boneystee1e Mitchell Allan It was then moved by Member Gibbs, seconded by Member Rustigian, that the Minutes of March 18,1976 be approved after the following corrections: , Under "VI. OLD BUSINESS 5. REVENUE PROGRAM", after the paragraph stating the motion, add the following: "Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Allan and Rustigian None Boneystee1e (excused)" Under "VIII. REPORTS - GENERAL MANAGER-CHIEF ENGINEER", insert "a." at the beginning of the first paragraph. Under Item 1 "a." - in the paragraph stating the motion, revise paragraph to read as follows after "Non-Active Sewer Construction Accounts" "having a surplus totaling $87,891.19 to be returned to Sewer Construction." Under "VIII. REPORTS - GENERAL MANAGER-CHIEF ENGINEER, b." in the second line change the word "prepaid" to prepared." Under "IX. MATTERS FROH THE FLOOR e." change "Gibbs" to "Mitchell." MOtion approving the Minutes carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneystee1e None Allan Member Mitchell informed the Board that he would not be present at the meeting of April15, 1976 and wished to have the Minutes reflect that he is to be excused. 04 01 76 743 III. EXPENDITURES None. IV. HEARINGS None. V. BIDS None. of VI. OLD BUSINESS President Boneystee1e requested that the Board digress from the order of the Agenda to take up Item 5 under "Old Business." .' 5. ORDINANCE NO. 115, ELECTIVE FIXTURE CHARGE Mr. Horstkotte, General Manager-Chief Engineer, advised that Ordinance No. 115 has been redrafted as per Board's instruction. After discussion, it was moved by Member Rustigian,seconded by Member Mitchell, that Ordinance No. 115 relating to Elective Fixture Charges be adopted, 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 Central Contra Costa Sanitary District and shall become effective upon expiration of the week of publication. ffution carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneystee1e None Allan President Boneystee1e thanked Mr. and Mrs. \Vhitt, who were interested in Ordinance 115 for being present. Before continuing with the order of business, President Boneystee1e proposed on behalf of the Board Members and staff, that a resolution be adopted commending Hr. Hohn for his service to the District. President Boneystee1e suggested that the motion be made by senior members of the Board. Therefore, it was moved by Member Mitchell, seconded by Member Gibbs, that Resolution No. 76-50 be adopted. RESOLUTION NO. 76-50, A RESOLUTION COMMENDING JOHN A. BOHN, ESQ., FOR HIS SERVICE TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT lfution carried by the £D11owing vote: AYES: NOES: ABSENT: Hembers: Hembers: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None A framed resolution prepared by staff was signed by Board Members and the Secretary of the District and presented to Mr. Bohn. Mr. Bohn expressed his sincere gratitude to the Board and staff for sentiments reflected in the resolution. President Boneystee1e reverted to the order of the Agenda. .. c, 04 01 76 744 1. DISTRICT ANNEXATION NO. 50, ALL PARCELS PREVIOUSLY REVIEWED BY BOARD (LOGICAL BOUNDARIES - VIRTUALLY 100%) Mr. Horstkotte, General Manager-Chief Engineer, stated that the 20 parcels being considered have been previously reviewed by the Board and are now being proposed for application to LAFC for annexation as DA No. 50 and requested adoption of a resolution of application to the District. It was moved by Member Mitchell, seconded by Member Rustigian, that the 20 parcels proposed for annexation under District Annexation No. 50, be approved and that a resolution of Application for Annexation of Properties to Central Contra Costa Sanitary District be adopted and presented to the Local Agencies Formation Commission. RESOLUTION NO. 76-51, A RESOLUTION OF APPLICATION FOR ANNEXATION OF PROPERTIES TO CENTRAL CONTRA COSTA SANITARY DISTRICT Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 2. TEICHERT VS. CITY OF WALNUT CREEK, ET AL r1r. Horstkotte, General Manager-Chief Engineer, briefly reviewed the circumstances leading up to the case which involves the relocation of sewer line in South Broadway, Walnut Creek, then referred to District Counsel to give further information. Mr. Bohn, Counsel for the District, advised that even though the litigation will be substantial, it is not controversial. It is his contention that the District is in the clear and he has filed for a demurrer. ' 3. PETERSON-SU1PSON "KAISER CLAIM MATTER" Mr. Horstkotte, General Manager-Chief Engineer, advised that this matter is being reviewed and Mr. Bohn would present it to the Board at a later date. 4. AUTHORIZE FILING SUIT CCCSD VS. EBMUD Mr. Horstkotte, General Manager-Chief Engineer, requested Board . authorization to sue East Bay Municipal Utility District to recover all costs and expenditures incurred in the repair of damages sustained by one E-line trunk sewer under DSP 2636, which resulted from the work of the EBMUD contractor, McGuire and Hester, in the vicinity of our sewer. It was moved by Member Mitchell, seconded by Member Allan, that District Counsel be authorized to file suit against EBMUD and the contractor, McGuire and Hester, for costs resulting from the repair to our E-Line Trunk Sewer under DSP 2636. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 5. ORDINANCE NO. 115, ELECTIVE FIXTURE CHARGE Taken up earlier in the meeting. 04 01 ~~ 't V 745 VII. NEH BUSINESS 1. CONSENT ITEMS None. 2. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING It was moved by Member Gibbs, seconded by Member Rustigian, 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. James A. Bolstad, et al Martin J. Godfrey, et ux BARTD Lloyd J. Glieden, et ux Richard C. McCall, et ux 2429 2680 1373 2670 2689 3 2 5 4 1 RESOLUTION NO. 76-52, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM JAMES A. BOLSTAD, ETAL, WALNUT CREEK AREA (JOB NO. 2429 - PARCEL NO.3)' RESOLUTION NO. 76-53, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM MARTIN J. GODFREY, ET UX, LAFAYETTE AREA (JOB NO. 2680 - PARCEL NO.2) RESOLUTION NO. 76-54, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM BARTD, LAFAYETTE AREA (JOB NO. 1373, PARCEL 5) RESOLUTION NO. 76-55, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM LLOYD J. GLIEDEN, ET UX, WALNUT CREEK AREA (JOB NO. 2670 - PARCEL NO.4) RESOLUTION NO. 76-56, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM RICHARD C. McCALL, ET UX, LAFAYETTE AREA (JOB NO. 2689 - PARCEL NO.1) Motion carried by the following vote: AYES: NOES: ABSENT: ~1embers : Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None ACCEPTANCE OF EASEMENT FROM JACK G. LIPOVAC, ET UX, JOB NO. LID 49-1, PARCEL 5-Rl (ALAMO AREA) 3. After discussion, it was moved by Member Gibbs, seconded by Member Rustigian, that the District authorize payment and acceptance of easement from Jack G. Lipovac, et ux, at a cost of $500, Job No. LID 49-1, Parcel 3-Rl, Alamo, and a resolution be adopted to that effect. RESOLUTION. NO. 76-57, A RESOLUTION ACCEPTING AN EASEMENT AT A COST OF $500 FROM JACK G. LIPOVAC, ET UX, JOB NO. LID 49-1, PARCEL 5-Rl, ALAMO AREA Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 04 01 76 746 4. AUTHORIZATION FOR TWO PARCELS (P.A. 76 - 4&5) TO BE CONSIDERED IN PENDING ANNEXATION PROCEEDINGS Mr. Horstkotte, General Manager-Chief Engineer, requested Mr. Clyde M. Hopkins, Secretary of the District, to explain the proposed parcels 4 & 5 being considered for inclusion in pending annexations. After explanation by Mr. Hopkins and discussion by Board Members, it was moved by Member Mitchell, seconded by Member Rustigian, that authorization to include two parcels, P. A. 76 - 4 & 5, in the pending annexation proceedings be approved. Motion carried by the following vote: AYES: NOES: ABSENT: 5. Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None REVIEW OF PRELIMINARY ENVIRONMENTAL ASSESSMENT FOR DISTRICT SEWERING PROJECT 2656, W/S 23 OAK PARK BLVD., PLEASANT HILL, CA After discussion, it was moved by Member Mitchell, seconded by Member Allan, that the preparation and filing of a Negative Declaration for District Sewering Project 2656, W/S 23, Oak Park Blvd., Pleasant Hill, CA be authorized. Motion carried by the following vote: AYES: NOES: ABSENT: 6. Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None REVIEW OF PRELIMINARY ENVIRONMENTAL ASSESSMENT FOR DISTRICT SEWERING PROJECT 2695, W/S 23, GENERALLY BETWEEN OAK PARK BLVD. AND SECOND AVE., IN PLEASANT HILL AND WALNUT CREEK, CA After discussion, it was moved by Member Mitchell, seconded by Member Allan, that the preparation and filing of a Negative Declaration for District Sewering Project 2695, W/S 23, generally between Oak Park Blvd. and Second Avenue, in Pleasant Hill and Walnut Creek, CA be authorized. Motion carried by the following vote: AYES: NOES: ABSENT: 7. Members: Gibbs, Mitchell, Ru8tigian, Allan and Boneysteele Members:. None Members: None ADJUST SALARY FOR SUMMER HELP TO $3.21 PER HOUR, AND ESTABLISH SALARY FOR SPECIALLY QUALIFIED AND/OR EXPERIENCED VACATION HELP AT $4.55 PER HOUR After explanation by Mr. Horstkotte, General Manager-Chief Engineer, . it was moved by Member Allan, seconded by Member Gibbs, that the salary for 'summer help be adjusted to $3.21 per hour; and that qualified vacation help or qualified employees having prior District experience temporarily filling classified positions, shall receive $4.55 per hour. Motion carried by the following vote: AYES: NOES: ABSENT: 0.4 () ]' Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None j"""i [Ii. .( "'""r :' \..þ 747 8. AUTHORIZE $6,082 FOR REVENUE PROGRAM - COMHERCIAL BILL ANALYSIS Mr. Horstkotte, General Manager-Chief Engineer, explained to the Board the proposal from Brown and Caldwell concerning the establishment of environ- mental quality charges for placement on next year's tax roll. After discussion, it was moved by Member Rustigian, seconded by Member Gibbs, that authorization for $6,082 for the Revenue Program - Commercial Bill Analysis be approved. Motion carried by the following vote: AYES: NOES:, ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 9. AUTHORIZATION OF $2,154 TO COVER INVOICE FROM CITY OF WALNUT CREEK FOR ADJUSTING ELEVEN MANHOLES IN YGNACIO VALLEY ROAD BETWEEN CIVIC AND MONTEGO After discussion, it was moved by Member Rustigian, seconded by Member Gibbs, that authorization to pay $2,154 to the City of Walnut Creek for adjusting eleven manholes in Ygnacio Valley Road between Civic and Montego be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 10. AUTHORIZE $51,365 ADDITIONAL FUNDS FOR VARIOUS DISTRICT ENGINEERING PROJECTS Mr. Horstkotte, General Manager-Chief Engineer, explained each of the four projects to the Board Members. After discussion, it was moved by Member Hitchel1, seconded by Member Rustigian, that additional funds be authorized for the three projects listed below totaling $47,139. Project Description Amt. 2081 DSP 2568 W /S "M" Bishop Ranch Burton Valley Bridge Martinez Watershed $33,000 12,139 2,000 $47,139 Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None It was then moved by Member Rustigian, seconded by Member Allan, that authorization for an additional $4,226 for encasement of Standard Oil pipes be approved. Motion carried by the following vote: AYES: NOES: ABSTAINING: ABSENT: Members: Members: Members: Members: Allan, Rustigian and Boneystee1e None Gibbs and Mitchell None t1embers Gibbs and Mitchell requested that the Minutes reflect that their reason for abstaining was because they are employees of wholly owned subsidiaries of Standard Oil of California. President Boneysteele requested that the Minutes reflect that he has vested holdings in Standard Oil of California and voted for the purpose of establishing a quorum. 04 01 76 748 11. CLAIM OF MR. PER I. MEIDELL, 19 MARLEE RD., PLEASANT HILL FOR $57.00 PLUMBING BILL President Boneysteele asked if there was anyone who wished to be heard on this claim. There being no one, it was moved by Member Mitchell, seconded by Member Allan, that the'claim of Per I. ~1eide11 in the amount of $57.00 be denied. Motion carried by the following vote: AYES: NOES: ABSENT : Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None 12. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA a. AUTHORIZATION TO PARTICIPATE IN EPA DEMONSTRATION GRANT - EVALUATION OF AUfOMATIC CONTROL SYSTEMS After explanation, Mr. Horstkotte, General Manager-Chief Engineer, stated that this request is being recommended because it is vital in the design of Stage 5B. The estimated cost of the study is $59,270 of which EPA will fund $44,453. The balance of $14,817 represents the District's participation. It was moved by Member Gibbs, seconded by Member Mitchell, that authorization for $14,817 representing the District's share to participate in the EPA Demonstration Grant - Evaluation of Automatic Control System be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Hembers: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None 13. INFORMATION a. BREAKDOWN OF CERTAIN MARCH BILLS Board Members noted the statement from Mr. Bohn in the amount of $775 for services rendered in conjunction with Treatment Plant Expansion Project SA, Phase I. Mr. Horstkotte stated that under a contract of this magnitude, the Board should expect charges of this type. He also stated that he is scheduled to meet with the State to ascertain whether a certain portion of these charges are recoverable. It was moved by Member Gibbs, seconded by Member Rustigian, to approve payment of the statement from John A. Bohn. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None b. Board Members noted the correspondence and summary of property damage to the residence of Mr. Robert Bradfield, Orinda, resulting from a stoppage in our mainline. This claim has been referred to our insurance carrier for report and recommendation. c. Board Members noted the articles from "The Underground Contractors Association of Northern California" magazine, relating to the District's TV inspections. d. Mr. Dalton, Deputy General Manager-Chief Engineer, reviewed and commented on the submitted Balance Sheet for Secondary Watershed Trunks. \) hl." 'if;. "';;. 01 r:¿ rø ~ t) 749 VII 1. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Horstkotte reported that Messrs. Niles, Russell, Ford and himself had attended the two-day factory test of the Water Reclamation Plant Computer System in Sacramento. Mr. Niles reviewed the events of the test session for the Board Members. b. Mr. Horstkotte stated that at a previous meeting, the Board authorized Mr. Dalton, Deputy General ~1anager-Chief Engineer, to attend a factory witness test at Taney town , PA on specific dates. However, he is now requesting that the dates and attendance be kept variable, since the dates of the tests are changing and the staff member attending may not be the same person. Board Members were agreeable to this request. c. Mr. Horstkotte reported that he had met with the State to determine what could be done on their part to accelerate review and approval of our Project 5B, Phase I. Mr. Horstkotte has been informed by our consultants, J. B. Gilbert and Herman Ruth, that chapters of the EIR/EIS submitted to the EPA for review have not been returned and indicated a general lack of communication from EPA. Mr. Gilbert also mentioned that the EPA may request a VMT restudy. Mr. Horstkotte and Hr. Dalton are scheduled to meet with the State Water Resource Control Board staff in Sacramento to discuss these matters and determine if the review period for Stage 5A can be shortened to assist us in meeting our completion date of September 1977. , d. Mr. Horstkotte introduced Mr. Clay Kallam, who will be replacing Mr. Don McCormack as the District's public relations consultant on the same financial basis as had been authorized for Mr. McCormack. Member Mitchell stated that Mr. Kallam should understand that this is a temporary authorization and the position does not fall under the Civil Service system. Board Members voiced no objections to Mr. Kallam's assuming Mr. McCormack's position. e. We have prepared a draft public relations newspaper advertisement and as soon as EPA clears the way, Mr. Horstkotte will present it to the Board for authorization. 2. COUNSEL FOR THE DISTRICT a. The Board of Supervisors has adopted Part I of the County Solid Waste Management Plan involving the endorsement of the Central Contra Costa Sanitary District program. Part II of the program has been delayed because the garbage collectors in the County are protesting their elimination from the proposed interim committee. b. Mr. B~hn reported that he and other staff members, including Mr. Horstkotte, had a preliminary conference with PG&E regarding CCCSD's gas allotment for the Treatment Plant. PG&E will have to file an "amended advice letter" with PUC to re-open the matter and we also expect a letter of support from the State. Informational material will be needed from Brown and Caldwell, who will assist us in this matter. We will file our petition with the PUC after we receive a letter from the State and the material from Brown and Caldwell. c. Mr. Bohn stated that he will set up a meeting with the City of Pleasant Hill the first week in ~~y. 04 01 76 750 3. SECRETARY Mr. Hopkins advised Board Members that the requested additions had been placed into the Affirmative Action Ordinance 114. Member Allan requested the Chair to digress from the agenda to take up MATTERS FROM THE FLOOR. IX. MATTERS FROM THE FLOOR a. Member Allan presented to Board Members a list of State Bills which CASA has been following and he reviewed the action taken on them by the Executive Committee at the March 26, 1976 Legislative Committee Meeting. Of particular interest to Member Gibbs (BASSA Trustee), was that CASA opposed Knox Bill, AB 3041. It was their posture that if ABAG were to take over BASSA, it might set a precedent for other agencies. b. Mr. Dalton, Deputy General Manager-Chief Engineer, made comments regarding our Revenue Program reaffirming the Board's decision not to seek a waiver from the State for the Contract between the District and Concord until details are communicated to the City of Concord by the State. c. Member Gibbs advised that he was running for reelection to the BASSA board. d. President Boneysteele suggested that a Presidents' Council Meeting be called for the purpose of appointing a representative to the County Solid Waste Interim Advisory Committee. It was moved by Member Allan. seconded by Member Rustigian, that the President of the Central Contra Costa Sanitary Distric't Board be a,uthorized to host the Presidents' Council of Sanitation Agencies at a dinner meeting to be held at the Sheraton on April 20, 1976. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None President Boneysteele recessed the meeting at,9:35 P.M. President Boneysteele reconvened the meeting at 9:43 P.M. President Boneysteele reverted to the order of the agenda. 4. COMMITTEES a. Member Allan stated that he had met with the Employees' Deferred Compensation Advisory Committee and that they will be meeting every Wednesday night. The Committee is making progress and it appears that the plan will be successful for the employees. President Boneysteele declared an executive session at 9:50 P.M., to take up matters pertaining to the CCCWD contract and District personnel. At 10:49' P.M., President Boneysteele adjourned the executive session. X. ADJOURNMENT At 10:50 P.M., President Boneysteele adjourned the meeting to April 15, 1976 at 7:30 P.M. '/ ¡~ ~. President of the Board of irectors of Central Contra Costa San tary District of Contra Costa County, State of California COUNTERSIGNED: ¿¿~'~¿;' ,~~ k.' S~~~y ~~'the BZ o~-~tors of Central Contra Costa Sanitary District of rnnj-r.<l rn<::j-.<I rnllnj-" ~t-",t-ø nf r",lifnrni", 04 01 F" -- L. h It v~