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HomeMy WebLinkAboutBOARD MINUTES 09-23-76 888 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD SEPTEMBER 23, 1976 The District Board of the Central Contra Costa Sanitary District con- vened in an adjourned regular session at its regular place of meeting, 1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on September 23,1976, 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 and Boneysteele ABSENT: Members: Rustigian and Allan (excused) Member Rustigian arrived at 7:40 P.M. President Boneysteele informed the Board that Member Allan requested to be excused due to out of State business commitments. II. APPROVAL OF MINUTES It was moved by Member Gibbs, seconded by Member Mitchell, that the Minutes of September 2,1976, be approved as read. Motion carried by the following vote: AYES: NOES: ABSENT: Hembers: Members: Members: Gibbs, Mitchell and Boneysteele None Rustigian and Allan (excused) III. APPROVAL OF EXPENDITURES None. IV. HEARINGS None. V. BIDS None. VI. OLD BUSINESS 1. REVENUE PROGRAM CONSIDERATION OF CHARGE FOR TAX EXEMPT PROPERTIES a. Mr. Dalton, Deputy General Manager-Chief Engineer, reported that notices had been sent out to owners of 300+ tax exempt properties defining a rate of 1.34/100 cu. ft. of discharge for the 1977-78 tax year. President Boneysteele asked if there were people in the audience wish- ing to address the Board in regard to this matter. Present were Mr. Roy Bailey and Mr. Mickey Gwin from the Lafayette School District, Mr. Jack LaSalle from Acalanes and Mr. Fred Wilde, an attorney representing St. Mary's College. 09 23 76 889 Mr. Bailey addressed the Board expressing that the School District experienced difficulty in following the rationale used by the Sanitary District in establishing its Revenue Program. He felt that some facets of the program should be further investigated and asked the Board to consult with.staff concerning modifications to the charges relating to tax exempt properties. President Boneysteele suggested .that Mr. Bailey meet with staff in regard to specific type questions. Mr. Gwin addressed the Board and explained the manner in which the School District budgets are formulated, indicating that there is no allow- ance for charges such as the Environmental Quality Charge. As a result 6f their budget structure, they must request exemption from the charge. He concluded by saying that the only way they could meet the user charge obligation would be to reduce the educational program. Mr. Horstkotte, General Manager-Chief Engineer, replied that this was not a will.ful program on the Sanitary District's part. We would have to meet the same discharge standards whether the District accepted the 87-1/2% from the Federal and State Governments or obtained 100% funding through local fees. Since the District opted to accept the Federal and State grants to finance this project, we have to abide by their requirements. After further discussion, President Boneysteele asked staff and legal counsel if there was any way that Mr. Gwin's request could be accommodated. Staff replied that there was not. Mr. Mike Verlander, Revenue Consultant from Brown and Caldwell, stated that he was sympathetic but the revenue program guidelines are established by EPA. Member Mitchell stated that he does not like the concept of placing this charge on schools. He would like to explore the possibility of re- lieving this problem through an escalation to SB90. Mr. Allan Diggers of Moraga addressed the Board stating that SB90 does not provide for increased costs other than the inflation factor. Mr. LaSalle from Acalanes District addressed the Board, asking how the Sanitary District arrived at its figures for metering rates. Mr. Verlander proceeded to give Mr. LaSalle an explanation. Mr. Wilde, attorney for St. Mary's, addressed the Board and stated that this charge is going to place a hardship on the college. Staff ex- plained that tax exempt properties are paying a surcharge in lieu of tax payments for capitalization. Mr. Bohn, Special Counsel for the District, interjected' that he had been contacted by Mr. George Gordon, Board Member at St. Mary's, wherein he expressed that there should be more investigation and study made on this matter. It was pointed out by staff that the Board has resisted the establish- ment of a sewer charge and wanted the "Ad Valorem" system retained. Only after all other attempts had failed was the charge inacted. b. ADOPTION OF 1977-78 ENVIRONMENTAL QUALITY CHARGE RATE After further discussion regarding the Environmental Quality Charge rate for 1977-78, it was moved by Member Gibbs, seconded by Member Rustigian, that a resolution establishing the 1977-78 Environmental Quality Charge Rates be adopted with the understanding that it may be modified. 09 23 76 890 RESOLUTION NO. 76-202, A RESOLUTION REGARDING APPLICATION OF ENVIRONMENTAL QUALITY (SEWER USE) CHARGES BY THE CENTRAL CONTRA COSTA SANITARY DISTRICT FOR ALL SERVED PROPERTIES FOR 1977-78 Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan (excused) At 9:05 P.M., President Boneysteele recessed the meeting. At 9:10 P.M., President Boneysteele reconvened the meeting. 2. AUTHORIZE PAYMENT OF $9,870 TO SONORA AVENUE SEWER GROUP I, DANVILLE, FOR CONSTRUCTION OF MAIN SEWER, TO BE DEPOSITED IN TRUST WITH DIABLO STATE BANK IN DANVILLE At the September 16,1976, meeting, Board Members approved financial participation with the Sonora Avenue Sewer Group I in the proposed sewer construction. After reviewing the correspondence, Board Members questioned the cost figures of the District contribution versus the amount on deposit by the participating residents. Staff stated that it would check on this and report back to the Board. It was moved by Member Mitchell, seconded by Member Gibbs, that the District be authorized to purchase an equitable share of the balance of the Sonora Avenue rebate rights. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan (excused) 3. AUTHORIZATION TO PAY $1,352.02 TO ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, AS DISTRICT'S FINAL SHARE OF SIGNAL SYSTEM CONSTRUCTION COSTS AT TREATMENT PLANT WEST ACCESS ROAD RAILROAD CROSSING , After discussion, it was moved by Member Gibbs, seconded by Member Rustigian, that authorization of payment for 50% of the final billing from Atchison, Topeka and Santa Fe Railroad Company for construction costs, amounting to $1,352.02 be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan (excused) 4. EXECUTIVE SESSION CONCERNING PENDING LITIGATION Mr. Horstkotte, General Manager-Chief Engineer, suggested that the Board complete the Agenda before going into an executive session. There being no objection from the Board, President Boneysteele continued with the Agenda. . VII. NEW BUSINESS 1. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING After discussion, it was moved by Member Rustigian, seconded by Member Mitchell, that the easements, as listed below, be accepted at no cost to the District, and that resolutions be adopted and that their recordation be authorized. Grantor Job No. Parcel No. Charles H. Green, et ux San Ramon Valley Unified School District Valley High Corporation 2750 2767 2514 2 1 1 09 23 76 891 RESOLUTION NO. 76-203, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM CHARLES H. GREEN, ET UX, PLEASANT HILL AREA (JOB NO. 2750 - PARCEL NO.2) a. RESOLUTION NO. 76-204, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM SAN RAMON UNIFIED SCHOOL DISTRICT, WALNUT CREEK AREA (JOB NO. 2767 - PARCEL NO.1) b. c. RESOLUTION NO. 76-205, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM VALLEY HIGH CORPORATION, LAFAYETTE AREA (JOB NO. 2514 - PARCEL NO.1) Motion carried by the following vote: AYES: NOES: ABSENT: 2. Members: Members: Member: CONSENT ITEMS: Gibbs, Mitchell, Rustigian and Boneysteele None Allan (excused) EXECUTE CONSENT TO DEDICATION LID 43-1, MINOR SUBDIVISION 70-76, PLEASANT HILL AREA FOR ROAD WIDENING After discussion, it was moved by Member Rustigian, seconded by Member Gibbs, that authorization to execute consent to dedication, Job No. LID 43-1, Tract MS 70-76, Pleasant Hill area, be approved and a resolution -be adopted to that effect. RESOLUTION NO. 76-206, A RESOLUTION AUTHORIZING EXECUTION OF CONSENT TO DEDICATION OF PUBLIC ROADS Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan (excused) AUTHORIZATION TO APPLY FOR FEDERAL FUNDS PURSUANT TO THE "PUBLIC WORKS EMPLOYMENT ACT OF 1976" P.L. 94.369 FOR OUR DSP 2656 W/S 23, OAK PARK BOULEVARD, PLEASANT HILL 3. Mr. Horstkotte, General Manager-Chief Engineer, requested that this not be limited to just Project 2656, since the District has three other projects that would fall under the same category. After further discussion, it was moved by Member Mitchell, seconded by Member Rustigian, that authorization for application to the Economic Devel- opment Administration for federal funds for DSP 2656 be approved with the understanding that staff shall submit applications for any other projects to the Board for individual approval. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan (excused) 4. AUTHORIZE $10,000 TO REPLACE A 6-INCH SEWER LINE IN DOLLIS PARK LANE, LAFAYETTE, JOB NO. X2769 Mr. Horstkotte, General Manager-Chief Engineer, explained that the line has deteriorated due to poor pipe joints and eucalyptus tree roots. After discussion, it was moved by Member Rustigian, seconded by Member Mitchell, that authorization of $10,000 to replace a 6-inch sewer line in Dollis Park Lane, Lafayette, Job No. X2769 be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan (excused) 09 23 76 892 5. BOLLINGER CANYON GRANT PROJECT. ADVANCE ALLOCATION OF $40,700 FOR PREPARATION OF "FACILITIES PLANNING DOCUMENTS" HHICH INCLUDES THE PROJECT REPORT AND EIR FOR JOB 2252, BOLLINGER CANYON SEWER PROJECT, SAN RAMON Mr. Horstkotte, General Manager-Chief Engineer, explained that on a 3-step program, the District is now at the 1st-step grant approval stage for $40,700. Advance funding is requested to establish a grant funding account which, upon approval from the Federal and Stage agencies, is recoverable up to 87-1/2%. It was moved by Member Gibbs, seconded by Member Rustigian, that authorization of $40,700 for "Facilities Planning Documents" Job No. 2252 be approved. Motion carried by the following vote: AYES: NOES: ABSENT: 6. Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan (excused) REQUEST ANNEXATION FOR ATTENDANCE OF THE CALIFORNIA WATER POLLUTION CONTROL ASSOCIATION NORTHERN REGIONAL CONFERENCE IN SAN RAFAEL, OCTOBER 15-16,1976 After discussion, it, was moved by Member Gibbs, seconded by Member Rustigian, that W. C. Dalton, Robert Hinkson, Jay McCoy, Dal Hughes, 4 members of the Maintenance Department, 3 members of Plant Operations be authorized registration of $17.00 and expenses, not to include overnight lodging, to attend the Northern Regional Conference in San Rafael on October 15-16, 1976. Motion carried by the following vote: AYES: NOES: ABSENT: 7. Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan (excused) REQUEST AUTHORIZATION FOR TWO SENIOR ENGINEERS TO ATTEND THE 5-DAY VALUE ENGINEERING SEMINAR AT THE U.C. DAVIS CAMPUS, OCTOBER 4-8, 1976 After discussion regarding the necessity of sending two Senior Engineers to the seminar, it was moved by Member Gibbs, seconded by Member Mitchell, that one Senior Engineer attend the 5-day Value Engineering Seminar at U.C. Davis campus, October 4-8, 1976, at a cost of $250 plus accommodations. Motion carried by the following vote: AYES: NOES: ABSENT: 8. Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan (excused) AUTHORIZATION TO HIRE TWO ENGINEERING AID I's AT RANGE 49C ($1042-1145) FROM THE CURRENT ELIGIBLE LIST AND APPROVAL OF THE CLASS DESCRIPTION, AS CONTAINED IN THE BUDGET After discussion, it was moved by Member Gibbs, seconded by Member Rustigian, that' authorization to hire two Engineering Aid I's, Range 49C, ($1042-1145) from the eligible list be approved. Motion carried by the following vote: . AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan (excused) It was then moved by Member Gibbs, seconded by Member Mitchell, that a resolution approving the class description be adopted. 09 23 76 893 RESOLUTION NO. 76-207, A RESOLUTION APPROVING THE CLASS DESCRIPTION FOR ENGINEERING AID I Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan (excused) 9. TEMPORARY APPOINTMENT OF ROY JOHNSON TO THE POSITION OF SHIFT SUPERVISOR, RANGE 68A ($1,487), EFFECTIVE SEPTEMBER 1, 1976 After discussion, it was moved by Member Gibbs, Seconded by Member Mitchell, to temporarily appoint Roy Johnson to the position of Shift Supervisor, R-68-A ($1,487) effective September 1,1976. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan (excused) 10. REVIEW OF CERTAIN AUGUST BILLS It was moved by Member Mitchell, seconded by Member Gibbs, that the statements from John A. Bohn, Special Counsel for the District, totaling $545 be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan (excused) 11. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA AMENDMENT TO AGREEMENT BETWEEN CITY OF CONCORD AND THE CENTRAL CONTRA COSTA SANITARY DISTRICT WITH STAFF RECOMMENDATION FOR ADOPTION After discussion, it was the consensus of the' Board to defer any action on the matter until the meeting of October 7 when the full Board would be present. 12. INFORMATION a. Board Members noted receipt of correspondence from Mr. Dean LaField, Executive Vice President of Associated Building Industry, dated September 20, 1976, wherein he advised that he would speak at the EIR/EIS hearing to be held on September 30, 1976. b. Board Members noted receipt of correspondence from Mr. Peter T. Muller, Manager, East Bay District for the Associated General Contractors of California, dated September 21, wherein he advised he would speak on behalf of his organization at the EIR/EIS hearing of September 30. c. Board Members noted memorandum dated August 26, '1976 from Perry Schafer of J. B. Gilbert Associates regarding Resolution Relating to Section 208 and Air Quality Maintenance Plans Development with copies of draft resolutions developed for the agencies in West County. VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER Mr. Horstkotte stated that he has been diligently conferring with the Special District Counsel and District Counsel in an effort to resolve some of the impending issues facing the District. 09 23 76 894 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato, Counsel for the District, stated that he has been working on an acceptable Conflict of Interest Code. He requested that the Board adopt a resolution setting a hearing on the Conflict of Interest Code on October 21. It was moved by Member Mitchell, seconded by Member Gibbs, that a resolution setting a hearing date for the Conflict of Interest Code be adopted. RESOLUTION NO. 76-208, A RESOLUTION SETTING A HEARING ON THE CONFLICT OF INTEREST CODE Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan (excused) b. Mr. Carniato cautioned the Board on legal ramifications that may result from the revenue program. c. Mr. Bohn, Special Counsel for the District, stated that he would give his report in the executive session. 3. SECRETARY Mr. Hopkins gave Board Members a supplement to the list of applicants for the position of General Manager-Chief Engineer. 4. COMMITTEES a. PERSONNEL COMMITTEE Member Gibbs discussed the letter received from Claude Alexander Associates, Inc., Management Consultants, regarding assisting the District in selecting applicants for the position of General Hanager-Chief Engineer. It was the consensus' of the Board not to make any decision until Member Allan, Chairman of the Personnel Committee, was present. b. SOLID WASTE COMMITTEE Member Mitchell requested staff to designate a date for reporting on the impact on the wage scale. It was the consensus to set the dat~ at the meeting of October 7. Member Mitchell stated that we still have a problem on solid waste and rate structure and requested a schedule for some interim study. IX. HATTERS FROM THE FLOOR None. At 9:58 P.M. President Boneysteele declared an executive session to discuss pending litigation matters. At 10:06 P.M., President Boneysteele closed the executive session. 09 2 r- .. ' i) 76 895 x. ADJOURNMENT At 10:07 P.M., President Boneysteele adjourned the meeting. /I~ .4 '-"""" -/ '1 É¿' / - .' ./"""¿";: -. ..¿,i;", ,- President 0 the Board Directors of Central Contra Costa Sa itary District of Contra Costa County, State of California COUNTERSIGNED: /",.,L.~ ~---- . ~~~~~ Secretar f the Board 0 Directors of Central Contra Costa Sanitary District of Contra Costa County, State of California 09 23 76