HomeMy WebLinkAboutBOARD MINUTES 06-03-76
782
MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD JUNE 3, 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 June 3,1976,
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 and Boneysteele
ABSENT:
Member:
Allan
Member Allan arrived at 7:37 P.M.
II.
APPROVAL OF MINUTES
Minutes of the Meeting of May 20, 1976 were deferred to the meeting of
June 17,1976.
III.
EXPENDITURES
None.
IV.
HEARINGS
1.
CONFLICT OF INTEREST CODE
President Boneystee1e opened the hearing and requested Mr. Bohn,
Special Counsel for the District, to make the opening remarks.
}1r. Bohn advised the Board Members that, upon examination, he had
found significant difference between the CASA Conflict of Interest
Code and that proposed by Contra Costa County. He suggested that the
Board study the County Code and if no objections are found, adopt it
at the meeting of June 17,1976. He also mentioned that if there are
deficiencies found in the Code, that it can be amended from time to time.
After the District adopts the Conflict of Interest Code, it will be
sent to the County Board of Supervisors for approval, after which persons
involved will have 30 days in which to file their disclosure.
After further discussion, President Boneystee1e continued the hearing
to the meeting of June 17,1976.
V.
BIDS
No'ne.
VI.
OLD BUSINESS
1.
ENVIRONMENTAL QUALITY CHARGE
Mr. Horstkotte, General Manager-Chief Engineer, introduced
Mr. Mike Ver1ander, Lead Economist with Brown and Caldwell, our Revenue
Program Consultant, and requested that he proceed with his presentation
to the Board Members and the audience.
Mr. Verlander stated that the notice mailed to all residential
property owners is the result of the Expansion Program being conducted
at the Treatment Plant Facility.
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783
In order to upgrade our wastewater treatment facility to a tertiary
level, it was necessary to obtain Federal and State Funding. To comply
with the Clean Water Grant Program Guidelines, a Revenue Program including
an Environmental Quality Charge had to be implemented.
Utilizing charts, Mr. Ver1ander explained the approach and unit cost
development utilized in arriving at the $72 Environmental Quality Charge
for residential users.
After the presentation, the Board discussed whether the charge should
apply to vacant properties and it was the consensus that the charge should
only apply to improved residential properties that are within 200' of the
sewer line, whethér":connetted:',or noL~
Mr. Sandusky, a member of the audience objected, stating that he is
served by a septic tank and not being a user of District facilities, he
should not be subjected to $72 Environmental Quality Charge.
After discussion concerning the nonuser and other special cases,
President Boneystee1e commented that there could be a review and
determination by staff of those cases and, as a last resort, appeal to
the Board for adjustment of charges.
After discussion, it was moved by Member Gibbs, seconded by Member
Allan, that staff be instructed to prepare an amendment to Ordinance 117,
wherein only improved property will be subject to the Environmental Quality
Charge.
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneystee1e
None
None
At 9:00 P.M., President Boneystee1e called a recess.
At 9:08 P.M., President Boneystee1e reconvened the meeting.
2.
REQUEST BY MR. CARL MEHLER OF 2448 BUENA VISTA AVENUE TO RECONSIDER
DENIAL OF HIS CLAIM IN THE AMOUNT OF $1,119.17 FOR RESIDENTIAL
PROPERTY DAMAGE
Mr. Horstkotte, General Manager-Chief Engineer, reviewed the claim
for the Board Members.
Mr. Mehler addressed the Board and expanded on the circumstances
surrounding his claim and requested that the Board reconsider its action
of March 4 and honor his claim in the amount of $1,119.17 for overflow
damage to his residence.
President Boneystee1e stated that it had been the Board's impression
that the property had been improved without contacting the District and
that it did not conform to the zoning. However, upon further investigation,
it was found that the apartment is in accordance with the City of Walnut
Creek zoning and Building Codes.
It was moved by Member Gibbs, seconded by Member Allan, that the
action of the Board at the March 4,1976 meeting be rescinded, and that
authorization to pay the claim for overflow damage of Carl Mehler in the
amount of $1,119.17 be approved after a "Release in Full Settlement and
Compromise" has been secured. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneystee1e
None
None
It should be noted in the Release, that the District is not responsible
for the proper functioning of the check valve.
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784
3.
ROSSI STREET SEWER SERVICE PROBLEM
Pursuant to Board instructions, Mr. Horstkotte, General Manager-Chief
Engineer, had staff members present and introduced Mr. Wend Ie Whipple,
Staff Supervising Surveyor, and Chuck Daniel, Chief of Party, to answer
questions pèrtaining to the Schmidt and Kane sewer connection problems on
Rossi Street.
After queries and discussion, the Board considered the staff recommendation
of paying the $1,145 Schmidt property claim and to pay up to $1,200 on the
'Kane connection.
Member Gibbs stated that after careful perusal of this claim and
recognizing the unusual circumstances, he still feels that the District
may be setting a precedent by considering any claim.
Member Mitchell stated that while he is basically in agreement with
Member Gibbs, the Board should try to see if there may be any other alternative.
Mr. Simpkin, realtor for the Schmidt property, stated that he proceeded
with the plumbing reversal because the buyers of the house would not close
escrow unless the house was connected to the sewer system, and the time to
consummate the transaction was running out.
Member Rustigian stated that the Board had agreed to spend $6,000 to
run a main up to the rear of these houses. If the time frame had been
correct, Mr. Simpkin would not have reversed the plumbing. Therefore, he
felt that the Schmidt claim should be honored.
Mr. Hohn, Special Counsel for the District, stated that if the District
settles the Schmidt claim, it becomes obligated to settle with Mr. Kane.
However, he felt that the reversal of the Schmidt plumbing was done by
Mr. Simpkin on his own initiative.
Member Gibbs stated that the properties were served by the main sewer
under Local Improvement District proceedings, which leaves the Board no
discretion to entertain the claim.
Mr. Schmidt addressed the Board on behalf of Mr. Simpkin and advised
the Board of the circumstances and protested Member Gibbs' view.
After further discussion, Member Mitchell moved to pay Mr. Schmidt
,$1,145 on the basis that there were errors made by the District that misled
the owner. r1otion failed for lack of a second.
After further discussion, it was moved by Member Gibbs, seconded by
Member Allan, that the Schmidt claim and the recommendation to pay Mr. Kane
up to $1,200 be denied. Motion failed by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs and Allan
Mitchell, Rustigian and Boneysteele
None
It was then moved by Member Rustigian, seconded by President Bcneysteele
that the District pay the Schmidt claim and pay Mr. Kane up to $1,200 for
reversal of his plumbing. Motion failed by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Rustigian and Boneysteele
Gibbs, Mitchell and Allan
None.
President Boneysteele asked the Board if it wished to reconsider
Member Mitchell's motion. There being no indication, the matter of
reconsidering the motion was dropped.
06
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785
Mr. Bohn, Special Counsel for the District, stated that it would appear
that since the contract for the sale of the house had been signed prior to
any discussion with District staff regarding connection to the sewer, there
would be insufficient legal basis to pay the claim.
It was moved by Member Gibbs, seconded by Member Allan, that the claim
of Mr. P. Schmidt in the amount of $1,145 be denied. Motion carried by the
following vote:
AYES:
NOES:
ABSTAINING:
ABSENT:
Members:
Member:
Member:
Members:
Gibbs, Mitchell and Allan
Boneystee1e
Rustigian
None
4.
AUTHORIZE PAYMENT OF $50,000 TO EAST BAY MUNICIPAL UTILITY DISTRICT AS
A SHARE OF REGIONAL MUNICIPAL WASTEWATER SOLIDS MANAGEMENT STUDY (JOINT
POWERS AGREEMENT 11-6-76)
After explanation by Mr. Horstkotte, General Manager-Chief Engineer,
it was moved by Member Gibbs, seconded by Member Allan, that authorization
of $50,000 for the District's share of participation in the Joint Exercise
of Powers Agreement concerning the Regional Municipal Wastewater Solids
Management Study, be approved. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
VII.
NEW BUSINESS
ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF
RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING
1.
It was moved by Member Allan, seconded by Member Mitchell, 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.
J. Ronald Johnson and Elizabeth Johnson
Henry L. Persoglio and Robert J. Wright
Wooldridge Construction Co., Inc.
2665
2707
2707
1
1
2
RESOLUTION NO.7 6-103.:- A - RESOLUTION ~:ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM J. RONALD JOHNSON AND ELIZABETH E. JOHNSON, ALAMO
AREA (JOB NO. 2665, PARCEL NO.1)
RESOLUTION NO. 76-104, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM HENRY L. PERSOGLIO AND ROBERT J. WRIGHT, LAFAYETTE
AREA (JOB NO. 2707 - PARCEL NO.1)
RESOLUTION NO. 76-105, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM WOOLDRIDGE CONSTRUCTION COMPANY, INC., LAFAYETTE
AREA (JOB NO. 2707 - PARCEL NO.2)
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
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786
2.
AUTHORIZATION FOR FOUR PARCELS (P.A. 76-11,12,14 & 15) TO BE CONSIDERED
IN PENDING ANNEXATIONS
After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it
was moved by Member Allan, seconded by Member Mitchell, that authorization to
include four parcels, P. A. 76-11, 76-12, 76-14 and 76-15, in pending annexation
proceedings be approved. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
3.
AUTHORIZATION TO EXECUTE CONSENT TO DEDICATION OF PUBLIC ROAD, JOB NO.
1539 - PARCEL NO.2
After explanation by Mr. Horstkotte, General Manager-Chief Engineer,
it was moved by Member Gibbs, seconded by Member Mitchell, that execution
of Consent to Dedication be approved and a resolution be adopted to that
effect.
RESOLUTION NO. 76-106, A RESOLUTION AUTHORIZING THE EXECUTION OF CONSENT
TO DEDICATION OF A PUBLIC ROAD, JOB NO. 1539, PARCEL NO.2
Motion carried by 'the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneystee1e
None
None
4. ' AUTHORIZATION TO EXECUTE CONSENT TO DEDICATION OF DRAINAGE EASEMENT
JOB NO. 1539 - PARCEL NO.2
After explanation by Mr. Horstkotte, General Manager-Chief Engineer,
it was moved by Member Gibbs, seconded by Member Rustigian, that execution
of Consent to Dedication be approved and a resolution be adopted to that
effect.
RESOLUTION NO. 76-107,-A RESOLUTION AUTHORIZING THE EXECUTION OF
CONSENT TO DEDICATION OF DRAINAGE EASEMENT, JOB NO. 1539 - PARCEL
NO.2
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
CONFIRM "AMENDED ASSESSMENT DIAGRAM AND AUTHORIZE RECORDING OF SAID
DIAGRAM" PLEASANT HILL AREA
5.
After explanation by Mr. Horstkotte, General Manager-Chief Engineer,
it was moved by Member Allan, seconded by Member Gibbs, that confirmation
of the "Amended Assessment Diagrams" for the following assessments and
authorization and recording of said diagrams be approved.
Original
Assessment No.
Amended Assessment No.
Apportioned Amt.
52-5-2-19
20
52-5-2-23
24
$1,989.16
994.58
Motion carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Gibbs, Mitchell, Rustigian, Allan and Boneystee1e
None
None
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787
6.
SELECTION OF AUDITOR FOR 1975-76 AUDIT.
After discussion by Board Members, Mr. Horstkotte, General Manager-
Chief Engineer, suggested that the District continue to retain
Mr. J. S. Plourde, Certified Public Accountant, to conduct the audit for
fiscal year 1975-76 at a cost of $6,500.
It was moved by Member Mitchell, seconded by Member Rustigian, that
Mr. J. S. Plourde, Certified Public Accountant, be retained to conduct the
District Audit for the fiscal year 1975-76, at a cost of $6,500. Motion
carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, r1itche11, Rustigian, Allan and Boneystee1e
None
None
AUTHORIZE $370 TO PURCHASE TWO ENGINEERING DRAFTING MACHINES
7.
After discussion, it was moved by Member Rustigian, seconded by
Member Gibbs to authorize purchase of two Engineering Drafting Machines
at a cost of $370. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member::>:
Gibbs, Mitchell, Rustigian, Allan and Boneystee1e
None
None
8.
REQUEST FOR SUPPLEMENTAL FUNDS IN AMOUNT OF $37,401.51 TO CLOSE
ACCOUNTS OF DISTRICT AUTHORIZED JOBS
Mr. Horstkotte, General Manager-Chief Engineer, requested $37,401. 51
to close out the following overdrawn accounts:
Accounting Code
Description
Amount
2010.209.3
2010.606
Watershed 3
Bore & Soils Analysis
$ (287.58)
(37,113.93
($37,401. 51)
Mr. Horstkotte also requested that the accounts listed below be closed
out resulting in $153,252.43 being returned to the: SewerCons,tructi.on Fund.
Accounting Code
Description
Amount
2010.201
2010.203
2010.205.
2010.206
2010.207
2010.208.2015
2010.208.2016
2010.208.2085
2010.208.2404
2010.208.2553
2010.208.2301
2010. 209 . 2
2010.209.24C
2010.209. 24~I
2010.209.27W
2010.209.29S
2010.209.33
2010.209.34N
2010.209.345
2010.209.35W
2010.209.36
2010.401
EIR PSA 49
Engineering Study
Mt. View Study
Spec. Service Charge
Engineering Study
DSP 2015
DSP 2016
DSP 2085
DSP 2404
DSP 2553
DSP 2301
Watershed 2
Watershed 24C
Watershed 24N
Watershed 27W
Watershed 29S
Watershed 33
Watershed 34N
Watershed 34S
Watershed 35W
Watershed 36
Radio
625.80
5,892.25
396.07
5,258.33
2,991.92
4,908.91
3,476.61
2,000.00
4,156.42
18,063.87
1,093.24
1,210.28
237.90
409.57
452.50
4,637.18
38.65
1,883.90
294.66
197.00
393.30
484.42
(continued on page 788)
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788
2010.403
2010.405
2010.406
2010.408.2340
2010.601
2010.602
2010.604.1
2010.612
2010.613
Manholes
Sewer Lines Restoration
Repair Diffuser
DSP 2340
Grading at Treatment Plant
Combined Sludge
ATTF on Site Test
Emergency Standby Pump
T. P. Pumping System
10,000.00
3,647.73
1,600.00
810.13
3,500.00
22,389.19
42,118.01
8,084.59
2,000.00
$153,252.43
It was moved by Member Allan, seconded by Member Gibbs, that staff
be authorized $37,401.51 to close out overdrawn account Nos. 2010.209.3 and
2010.606, and that the above listed Nonactive Sewer Construction Accounts
Nos. 2010.201 through 2010.613 be closed out and the surplùs authorized
funds totaling $153,252.43 be returned to Sewer Construction Fund. Motion
carried by the following vote:
AYES:
NOES:
ARSENT:
Members: Gibbs, Mitchell, Rustigi~n:, Allan..andBoneys~eele
Members: None
Members: :None
9.
ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA
None.
10.
INFORMATION
a. Board noted receipt of letter from Senator Nejedly dated May 24,
1976, regarding AB 3041.
b. Board noted receipt of correspondence from the Department of Water
Resources dated May 6,1976.
c. Board acknowledged the list of commercial and industrial users
attending the meeting at" the District Office on May 26.
d. Board noted rec~ipt of Workshop Agenda for June 7-8,1976 from
the State Water Resource Control Board.
e. Board noted receipt of the Minutes of the Legislative Committee,
California Association of Sanitation Agencies, May 14,1976.
f. Statement from John A. Bohn - Mr. Horstkotte, General Manager-
Chief Engineer, explained the statement from Mr. Bohn was for services
performed pending appointment of District Counsel.
It was moved by Member Rustigian, seconded by Member Allan, that the
statement from John A. Bohn, Special Counsel for the Distric't, in the amount
of $1,500 for services rendered in the capacity of Counsel for the District
be approved. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members: ' Gibbs, Mitchell, Rus tigian, Allan and Boneys teele
Members: None
Members: None
VII 1.
REPORTS
1.
GE!~RAL MANAGER-CHIEF ENGINEER
a. Mr. Horstkotte reported that Mr. Dalton, Deputy General Manager-
Chief Engineer, and he had appeared before the County Grand J~ry in regard
to the Environmental Quality Charge. His presentation to the Grand Jury
was satisfactory.
b. Mr. Horstko,tte stated that he met with the Solid Waste Board to
determine whether they were interested in a parallel test utilizing the
single hearth furnace. The Solid Waste Board informed Mr. Horstkotte
that they were out of funds at this time.
06
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, 789
c. Mr. Horstkotte advised that he had met with the Water Resource Board
and a letter will be sent to the Public Utilities Commission via Mr. Horstkotte
for increased gas allocation.
d. Mr. Horstkotte requested that the Board grant authorization to pay
Mr. Tony Granzotto, Field Operations Supervisor, 20 days' vacation time.
It was moved by Member Gibbs, seconded by Member Allan, that Mr. Tony
Granzotto, Field Operations Supervisor, be authorized to receive 20 days'
paid vacation time. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
2.
SPECIAL COUNSEL FOR THE DISTRICT
a. In view of the ruling passed by the Solid Waste Management Interim
Policy Body, whereby only elected officials can serve as a member of the
Body, Member Rustigian will attend the meetings with Mr. Bohn and vote on
critical issues.
3.
SECRETARY
None.
4.
COMMITTEES
4-1.
PERSONNEL COMMITTEE
a. Member Allan advised that the Personnel Committee had met with the
Employees' Association representatives in a second "meet and confer" session,
which resulted in the employees redrafting their proposals.
Staff had presented updated bar charts and President Boneysteele's
request for benchmarks, and Members Allan and Gibbs stated they would study
the material presented and give a recommendation to the Board at the next
meeting. '
Member Rustigian stated that the Personnel Committee should have sufficient
information for Board review and Member Mitchell indicated that the pattern
has been set by the Meyers, Milias, Brown Act.
Member Allan added that there are different patterns and some agencies
hire outside negotiators. This is done in larger cities where there are
unions involved. In smaller cities, a Personnel Committee of the Board holds
"meet and confer" sessions with the employees' organization. The full Board
does not sit as a whole to discuss the details.
Member Allan stated that the position of the Personnel Committee would
be to work with the employees to arrive at a recommendation, giving the
Board detailed explanation for their consideration, if desired.
It was moved by Member Gibbs, seconded by Member Allan, that the Personnel
Committee be authorized to "meet and confer" with the representatives of the
Employees' Association and to arrive at recommendations for presentation to
the Board of Directors concerning salaries, wages and working conditions.
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
06
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790
b. President Boneysteele queried staff on the progress of applications
for District Counsel. Mr. Horstkotte informed him that nine applications
had been received. -
c. Board Members brought up for discussion the pending retirement of
Mr. Horstkotte and as to what progress has been made for his replacement.
d. Mr. Dalton, Deputy General Manager-Chief Engineer, requested an
executive session at a future date to discuss a personnel matter and the
Board agreed to the June 17 meeting for this matter.
e. Mr. Horstkotte wished to discuss Earned Overtime with the Personnel
Committee at a later date.
4-2.
SOLID WASTE COMMITTEE
a. Member Mitchell reported on the solid waste meeting with the City
of Pleasant Hill.
b. Mr. Horstkotte advised the Board that they had received correspond-
ence from the Teamsters Union in regard to Los Altos Garbage Company contract
stating that they would send the District a copy of the contract when their
current negotiations are completed.
IX.
MATTERS FROM THE FLOOR
a. Mr. Horstkotte advised the Board that the State has approved the
Concord Contract concept for one year so the urgency to renegotiate a new
coritràct immediately no longer exists.
b. CASA managers will be touring the Treatment Plant Facilities on
the 19th of June, followed by a no-host lunch. Planning to attend will
be Board Members Gibbs, Mitchell, Rustigian and President Boneysteele and
staff personnel Mr. Horstkotte, Mr. Dalton and Mr. Niles.
It was moved by Member Allan, seconded by Member Gibbs, that
authorization for attendance of the Treatment Plant Tour and no-host lunch
for a total of seven Board Members and staff be approved. Motion carried
by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
c. Mr. Hopkins, Secretary of the District, advised the Board that
he has received an urgent request from Robert C. Human Co., for permission
to build a tennis court over our easement Parcel 5, Job No. 1373, Altarinda
Circle and~an Agreement Relating to Real Property has been executed by
the owner.
It was moved by Member Gibbs, seconded by Member Rustigian that the
President and Secretary be authorized to execute an Agreement Relating
to Real Property and its recording be approved. Motion carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
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791
d. Member Mitchell requested that Mr. Clay Ka11um, District Public
Relations, submit a resume of what he has written to the District.
x.
ADJOURNMENT
At 10:56 P.M., President Boneysteele adjourned the meeting to 7:30 P.M.,
June 10,1976, at the Board of Supervisors Chambers, Room 107, County
Administration Building, Martinez, CA. '
resident 0 the Board of rectors of
Central Contra Costa San. ary District of
Contra Costa County, State of California
COUNTERSIGNED:
,--'-'
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