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HomeMy WebLinkAboutBOARD MINUTES 10-07-76 898 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD OCTOBER 7, 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 October 7, 1976 at 7:30 P.M. President Boneysteele called the meeting to order and requested the Secretary of the District to call roll. I. ROLL CALL PRESENT: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele ABSENT: Members: None II. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF SEPTEMBER 16, 1976 After discussion, it was moved by Member Mitchell, seconded by Member Rustigian, that the Minutes of September 16,1976, be approved subject to the following corrections: Under "VII. NEW BUSINESS, 9. REQUEST BY CITY OF CONCORD THAT CCCSD ADOPT A RESOLUTION REGARDING ANNEXATION OF TERRITORY WITHIN CITY'S SPHERE OF INFLUENCE", in .the second paragraph insert the following phrase after "Mayor LaPointe". ", who was accompanied by the City Manager, Mr. Farrell Stewart," In the fourth paragraph change the last phrase to read as follows: "we would not be bound by a resolution." Under "VI. OLD BUSINESS, 2. REQUEST BY MR. ROSENBERG TO BE HEARD AND THAT THE BOARD RECONSIDER ITS RECOMMENDATION REGARDING THE SEGREGATION OF ASSESSMENT NO. 45-1-16-6 (BARSELL PROPERTY)" in the second paragraph, first sentence, after the word "Board's" insert the word "previous". Under "VII. NEW BUSINESS, 5. AUTHORIZATION FOR THREE PARCELS (P.A. 76-23, 24 & 25) TO BE CONSIDERED IN PENDING ANNEXATION TO THE DISTRICT, ~", strike out the second paragraph and insert the following in its stead: "Hoard Members reviewed the map and after discussion, Mr. Graham withdrew his request for annexation until he receives approval from LAFCo". Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Hembers: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None III. APPROVAL OF EXPENDITURES After discussion, it was moved by Member Mitchell, seconded by Member Rustigian, that expenditures including Sewer Construction Vouchers Nos. 2961 through 2987 inclusive, Running Expense Vouchers Nos. 23235 through " 10 07 76 899 23415 inclusive, and Payroll Vouchers Nos. 3563 through 3724 inclusive be approved' subj ect to staff report on Running Expense Vouchers Nos. 23243 and 23244. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None. None IV. HEARINGS None. V. BIDS None. VI. OLD BUSINESS 1. REPORT ON EPA HEARING FOLLOW-UP Upon staff recommendation, the Board reviewed the resolution drafted by J. B. Gilbert. . After discussion, it was moved by Member Gibbs, seconded by Member Allan, that a resolution declaring the District Board's intent to cooperate with general purpose governments in the implementation of air quality miti- gation measures, be adopted. RESOLUTION NO. 76-214, A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT BOARD OF DIRECTORS DECLARING INTENT TO COOPERATE WITH GENERAL PURPOSE GOVERNMENTS IN THE IMPLEMENTATION OF AIR QUALITY MITIGATION MEASURES Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 2. TABULATION OF SONORA AVENUE CONTRIBUTION Board noted the position paper clarifying details regarding the Sonora Avenue, Danville, project. 3. .'AUTHORIZATION TO HIRE PAUL PAPKE, JR., TO THE POSITION OF PROCESS COMPUTER ENGINEER, R-74-C, $1,888 After an explanation to the Board by Member Gibbs, Member of the Personnel Committee, it was moved by Member Gibbs, seconded by Member Allan, that authorization to hire Paul Papke, Jr., to the position of Process, Computer Engineer, Range 74-C($l,888) be approved and that a resolution be adopted to that effect. RESOLUTION NO. 76-209, A RESOLUTION APPOINTING PAUL PAPKE, JR., TO THE POSITION OF PROCESS COMPUTER ENGINEER Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 10 07 76 900 4. AMENDMENT TO CENTRAL CONTRA COSTA SANITARY DISTRICT - CITY OF CONCORD AGREEMENT After review and discussion, it was moved by Member Mitch~ll, that the proposed amendment to the agreement between the City of Concord and the Central Contra Costa Sanitary District, be approved. . Member Allan queried staff on the retirement factors involving the City of Concord transfer employees. After further discussion, Mr. John Carniato, District Counsel, stated that he would check further on this matter and report back to the Board. Member Mitchell withdrew his motion pending further report from District Counsel. 5. SET HEARING DATE FOR CONFLICT OF INTEREST CODE The date for the hearing on the Conflict of Interest Code had been set for October 21, 1976, at the meeting of September 23. 6. RESOLUTION AUTHORIZING DISTRICT APPLICATION FOR 100% EDA-LPW GRANT FOR DSP 2656, PLEASANT HILL, AND AUTHORIZING G. A. HORSTKOTTE, GENERAL MANAGER-CHIEF ENGINEER, AS OFFICIAL REPRESENTATIVE OF THE DISTRICT IN CONNECTION WITH THE APPLICATION After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Allan, seconded by Member Gibbs, that a resolution authorizing District application of 100% EDA-LPW Grant for DSP 2656, Pleasant Hill, and authorizing the General Manager-Chief Engineer tó act as official representative of the District in this matter, be adopted. RESOLUTION NO. 76-210, A RESOLUTION AUTHORIZING FILE APPLICATION FOR FEDERAL GRANTS FOR PUBLIC WORKS PROJECTS AND PROVIDING CERTAIN ASSURANCES Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 7. AUTHORIZATION TO OPEN AN ACCOUNT TO DRAW AGAINST FOR THE PREPARATION OF EASEMENT DOCUMENTS FOR THE CITY OF MARTINEZ, LID 50 - DSP 1380 The terms of the contract under which the District agreed to take over facilities and provide sewer service to the City of Martinez required that the City furnish the District all necessary easements for existing sewers. A study by staff has revealed that there are approximately 200 locations on the Martinez sewerage system where required easements do not exist. This authorization is requested to cover our expense in preparing necessary easement documents which are recoverable from the City. The easements will be acquired by the City of Martinez for the District. It was moved by Member Mitchell, seconded by Member Allan, that auth- orization to open an account to draw against for the preparation of ease- ment documents for the City of Martinez, LID 50 - DSP 1380, be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 10 07 76 901 8. AUTHORIZE $10,000 FOR THE REPLACEMENT AND/OR RECONSTRUCTION OF THE ULFINIAN WAY SEWER, MARTINEZ (DSP 2723) After discussion, it was moved by Member Allan, seconded by Member Gibbs, that authorization for $10,000 for the replacement and/or reconstruc- tion of the Ulfinian Way Sewer, Martinez (DSP 2723) 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 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 their recordation be authorized. a. RESOLUTION NO. 76-211, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM PACIFIC GAS AND ELECTRIC COMPANY, . ORINDA AREA (JOB NO. 2676 - PARCEL NO.1) b. RESOLUTION ,NO. 76-212, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM PETER OSTROSKY AND VIOLET OSTROSKY, ROUNDHILL AREA (JOB NO. 2720 - PARCEL NO.2) c. RESOLUTION NO. 76-213, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM CHARLES J. BOLD AND E. MICHAEL FLEMING, PLEASANT HILL AREA (JOB NO. 2739 - PARCEL NO.1) Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 2. AUTHORIZATION FOR ONE PARCEL (P.A. 76-26) TO BE CONSIDERED IN PENDING ANNEXAT IONS After explanation by Mr. Horstkotte, General Manager-Chief Engineer,' it was moved by Member Mitchell, seconded by Member Rustigian, that P.A. 76-26,1.02 acres, Orinda, be approved for consideration in pending annex- ation. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 3. CONFIRM "AMENDED ASSESSMENT DIAGRAM AND AUTHORIZE RECORDING OF SAID DIAGRAM," DANVILLE AREA After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Mitchell, seconded by Member Rustigian, that con- firmation 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. 54-2-5-10 54-2-5-12 " $ 0.00 ** 4,050.00 *~ Equalization to be paid at time of connection 10 0', 76 902 Motion carried by the following vote: AYES: NOES: ABSENT: Members: Hembers: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 4. AUTHORIZE $33,806 TO PURCHASE 12.21 ACRES OF PACIFIC GAS AND ELECTRIC PROPERTY, PACHECO After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Gibbs, seconded by Member Mitchell, that authoriza- tion of $33,806 to purchase 12.21 acres of PG&E property, Pacheco, be approved. Motion carried by the following vote: AYES: NOES: ABSENT: 5. Members: Members: Hembers: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None CLAIM OF MRS. JAMES WHITE, 1973 PLEASANT HILL ROAD, PLEASANT HILL, FOR $48 SEWER CLEANING BILL Upon Board query, Mr. Horstkotte, General Manager-Chief Engineer, explained that Mrs. White had been duly notified that her claim was to be presented to the Board at this meeting. After discussion, it was moved by Member Mitchell, seconded by Member Gibbs, that the claim of Mrs. James White be denied. Motion carried by the following vote: AYES: NOES: ABSENT: Hembers: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 6. AUTHORIZE $800 FOR FURNITURE FOR THE ENGINEERING DEPARTMENT After Board and staff discussion, it was moved by Member Rustigian, seconded by Member Allan, that authorization of $800 to purchase furniture for the Engineering Department be approved, with the proviso that staff investigate the possibility of purchasing the necessary furniture from BASSA. Motion carried by the following vote: AYES: . Members: NOES: Members: ABSENT: Members: 7. Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None APPOINTMENT OF RAMENDRA CHATTERJEE FROM A PERMANENT-INTERMITTENT BASIS TO PERMANENT FOR THE PROCESS COMPUTER ENGINEER POSITION, RANGE 74-D, ($1,981), EFFECTIVE NOVEMBER 1,1976 After discussion, it was the consensus of the Board to defer this item to the next meeting. 8. REQUEST AUTHORIZATION FOR G. A. HORSTKOTTE AND D. G. NILES TO ATTEND THE IAWPR CONFERENCE, SYDNEY, AUSTRALIA, AND SIDE TRIP TO REVIEW MELBOURNE PLANT . After explanation by Mr. Horstkotte, General Manager-Chief Engineer, and discussion by the Board, it was moved by Member Gibbs, seconded by Member Allan, that a staff member be authorized transportation and per diem for eight days to attend the International Association Water Pollution Research Conference in Sydney, Australia, with a side trip to Melbourne to review the recently commissioned plant. Motion carried by the following vote: AYES: NOES: ABSENT: 10 07 Members: Members: Members: 76 Gibbs, Rustigian and Allan Mitchell and Boneysteele None 903 9. REQUEST AUTHORIZATION TO HIRE CONSULTANT TO PREPARE EIR FOR BOLLINGER CANYON PROJECT, JOB NO. 2252 After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Mitchell, seconded by Member Rustigian, that staff be authorized to hire a consultant to prepare an EIR for the Bollinger Canyon Project, Job No. 2252, based on the premise that 87-1/2% of the cost will probably be reimbursable from State and Federal funds and the balance from the Watershed fund. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 10. ACCEPT PROPOSALS FOR PROJECT ADMINISTRATION 5B, PHASE I Mr. Horstkotte, General Manager-Chief Engineer, explained to the Board that it would be feasible to have someone other than the design team review the Stage 5B, Phase I plans. To this end, staff has solicited three proposals and requests the Board review same and form a consensus. President Boneysteele stated that he does not feel the Board is qualified to make such an evaluation from the reports and would expect staff preference. Mr. Horstkotte replied that after Board review, staff will make a recommen- dation. 11. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA REVIEW OF ENVIRONMENTAL IMPACT ASSESSMENT & RESOLUTION MAKING A NEGATIVE DECLARATION FOR A PORTION OF WATERSHED 33 SOUTH TRUNK SEWER, SAN RAMON AREA' Member Gibbs queried District Counsel as to the impact of building 11,000 lineal feet of 36" and 30" sewer pipeline. Mr. Carniato replied that if there is any protest, the Board could reconsider its action after reviewing such protest. . After reviewing the Environmental Impact Assessment and discussion, it was moved by Member Mitchell, seconded by Member Allan, that a resolution making a negative declaration for a portion of Watershed 33 South Trunk Sewer, San Ramon area, be adopted. RESOLUTION NO. 76-215, A RESOLUTION MAKING A NEGATIVE DECLARATION AND PROVIDING NOTICE THEREOF FOR A PORTION OF WATERSHED 33 SOUTH TRUNK SEWER Motion carried by the following vote: AYES: NOES: ABSENT: Hembers: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 12. INFORMATION a. CASA ANNOUNCEMENT GENERAL MANAGER-CHIEF ENGINEER Board Members noted the announcement from CASA concerning applicants for the position of General Manager-Chief Engineer at CCCSD. b. "BICARB" TREATMENT OF A SEWAGE TREATMENT PLANT Board Members noted the memorandum dated October 1, 1976, to G. A. Horstkotte, General Manager-Chief Engineer, from D. G. Niles, Manager- Plant Operations, relating to "Bicarb" treatment in a sewage treatment process. 10 07 76 904 CORRESPONDENCE REGARDING EPA HEARING STATEMENTS c. Board Members noted the letters of appreciation written by G. A. Horstkotte, General Manager-Chief Engineer, to Senator John A., Nejedly, the Honorable Daniel E. Boatwright, and Mrs. Billie Bowles with regard to the EPA-District Hearing of September 30, 1976. , d. EQUAL EMPLOYMENT OPPORTUNITY REPORT Board Members noted correspondence from the Equal Employment Oppor- tunity Commission dated September 27,1976, on the subject of the 1976 State and Local Government Information (EEO-4) Survey. e. Board Members noted the articles from the CIVIL ENGINEERING ASCE magazine entitled "Recycling Refuse into Energy" and "EPA Makes Value Engineering Mandatory on Projects over $10 Million". VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER Mr. Horstkotte reported that staff has solicited bids from janitorial service companies for the purpose of maintaining the District offices. The bids were a~. follows: PBM Walnut Creek Janitorial Western Majestic Town and Country $ 1,028 750 640 480 After discussion, it was moved by Member Rustigian, seconded by Member Allan, to engage the services of Western Majestic Janitorial Service. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None b. Mr. Horstkotte rèported that on the SA, Phase I Project, the District is responsible for cleaning of the digesters. Staff has checked with the Special Counsel and Wilson, Jones, Morton and Lynch, to make sure that this falls under the category of maintenance. Plans are being formulated to engage someonè to start cleaning these digesters. The work is estimated to cost approximately $65,000 for Digester A, with sùbsequent additional cost forB, C and D. 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato advised the Board that as a result of Resolution No. 76-188, the contract on LID 55 has been terminated. He also advised that Jerry Laster, LID Counsel, was concerned that the Resolution did not provide for negotiation and wanted to advise the Board that there would be some negotiation with the contractor. b. Mr. Carniato advised the Board that the Committee representing the Employees on the Deferred Compensation Plan has met and selected the Phoenix Mutual Company to handle their program. Phoenix Mutual will try to adopt a plan that is compatible to both the IRS and the State Statute. c. Board Members and Mr. Carniato reviewed proceedings of the EPA District hearing of September 30, 1976. 10 0'1 76 905 After discussion, it was moved by Member Gibbs, seconded by Member Mitchell, that District Counsel shall prepare a resolution terminating acceptance of comments on November 9,1976. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None Mr. Horstkotte, General Manager-Chief Engineer, stated that he has requested a transcript of the hearing from the Court Reporter. d. President Boneystee1e queried staff as to the outcome of the Peter Knoedler case. Mr. Horstkotte reported that the suit was settled by default of the defendant. 3. SPECIAL COUNSEL FOR THE DISTRICT Mr. Bohn advised the Board on developments in the Teichert matter. Board Members deferred making a determination pending a decision or motion for summary judgment. ' 4. SECRETARY Mr. Hopkins presented supplements to the list of applicants for the position General Manager-Chief Engineer of the District. ,5. COMMITTEES . a. PERSONNEL COMMITTEE - None. b. SOLID WASTE A meeting has been scheduled for October 12, 7:30 P.M., at which time staff will present a report on wage rates of the Oakland Scavengers and its impact upon our garbage franchisees. Mr. Horstkotte stated that Mr.' Jack Case, Engineering Associate, will be assigned to handle the garbage study. c. BASSA Member Gibbs reported that with BASSA being terminated, any funds the Agency may have will be turned over to the State for redistribution to the various contributing committees and entities. IX. MATTERS FROM THE FLOOR President Boneystee1e stated that members of Board and staff have been receiving calls from a Mr. E. W. Wilson, making charges against the staff and its employees. President Boneystee1e indicated that he had advised Mr. Wilson that if he wished further information, the District records are public record and are available to the public at the District office. Since that date, there has been no further response from Mr. Wilson. 10 07 76 10 906 x. ADJOURNMENT At 9:30 P.M., President Boneysteele adjourned the meeting. COUNTERSIGNED: ¡' ---(,' 1'...--, / . /', . /- .4, ~~- I ,"'1..>::.,<::,/,..(-' President of the Board 0 ¡,Directors of Central Contra Costa Sa~ttary District of Contra Costa County, State of California ......-î / "'~ Secr ary of the B d of Directors of Central Contra Costa Sanitary District of Contra Costa County, State of California 07 76