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HomeMy WebLinkAboutBOARD MINUTES 11-04-76 916 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD NOVEMBER 4, 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 November 4,1976, 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 Boneystee1e ABSENT: Members: None II. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF SEPTEMBER 30, 1976 After discussion, it was moved by Member Allah, seconded by Member Rustigian, that the Minutes of September 30, 1976, be approved as submitted. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None 2. MINUTES OF THE MEETING OF OCTOBER 7, 1976 After discussion, it was moved by Member Mitchell, seconded by Member Rustigian, that the Minutes of October 7, be approved with the following corrections: Under "VI. OLD BUS INESS, 2. TABULATION OF SONORA AVENUE CONTRIBUTION," at the end of the first sentence, delete the words "above project" and add the following instead: "Sonora Avenue, Danville, project." 3. MINUTES OF THE MEETING OF OCTOBER 21,1976 After discussion, it was moved by Member Allan, seconded by Member Gibbs, that the Minutes of October 21, be approved with the following corrections: Under "VI. OLD BUSINESS, 5. EXTENSION OF SEPTIC USERS SURVEY AND INVENTORY, WITH SUGGESTED NEW REGULATIONS", change the first sentence .of the first paragraph to read as follows: "Mr. Dalton, Deputy General Manager-Chief Engineer, explained pre- liminary recommendations relating to the establishment of a permit and fee system for septic tanks." . Under "IX. MATTERS FROM THE FLOOR", change the sentence dealing "executive session" to read as follows: "At 9:39 P.M., President Boneysteele declared an executive session to discuss individuals proposed for engineering services, Stage 5B Enlargements." Motion carried by the following vote: AYES: NOES: ABSENT: Members: Hembers: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None 11 04 76 917 III. EXPENDITURES After discussion, wherein Board Members requested that voucher des- cription should be given more detail, it was moved by Member Rustigian, seconded by Member Allan, that expenditures including Sewer Construction Voucher Nos. 2988 together with Voucher Nos. 1 through 25 inclusive, Running Expense Voucher Nos. 23416 through 23470, together with Voucher Nos. 5 through 138 inclusive, and Payroll Voucher Nos. 3725 through 3874 inclusive be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None IV. HEARINGS None. V. BIDS 1. DISTRICT VEHICLE BIDS Mr. Horstkotte, General Manager-Chief Engineer, explained that the Board had authorized funds for the purchase of the vehicles listed below in the 1976- 77 budget. ~ Cost Bidder 3 - 1/2 Ton Pickup (Fenderside) $9,831. 24 Don Young Ford 3 - 1/2 Ton Pickup (Sty1eside) 8,856.24 Don Young Ford 1 - 3/4 Ton Pickup (Sty1eside) 3,815.67 Don Young Ford 1 - Intermediate 4 Door Sedan 4,306.62 Fitzpatrick Chevrolet No further action was required. VI. OLD BUSINESS STAGE SA, PHASE I WATER RECLAMATION PLANT LIMITING FEE FOR ENGINEERING SERVICES 1. Mr. Ron Sieger, Project Engineer from Brown and Caldwell, requested. Board consideration for increasing the limiting fee for Engineering Services on Stage SA, Phase I from 5.26 percent to 5.70 percent. Member Mitchell stated that such an increase should be justified; to which Mr. Sieger replied, the 5.26 percent cost was based upon construction on the Stage SA, Phase I project being completed by April, 1974. After further discussion, President Boneystee1e stated that this item should be put over to the next meeting in order that the Board may have a more detailed explanation of the situation and instructed Counsel of the District to review the request. 2. CLEANING OF DIGESTER "A" Mr. Horstkotte, General Manager-Chief Engineer, explained that since this item falls under the classification of maintenance, it was not listed under "Bids". There were three bids received for the digester cleaning project and the firm of Winton Jones submitted the lowest bid. After discussion, it was moved by Member Gibbs, seconded by Member Mitchell, that authorization of $50,000 for the cleaning of "Digester A" utilizing Winton Jones be approved. Motion carried by the following vote: AYES: . NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 11 04 76 918 3. ENVIRONMENTAL QUALITY CHARGE Mr. Horstkotte, General Manager-Chief Engineer, explained that D.A. 52 consisted of connected properties which were not on the tax roll, therefore, this office has sent out bills to certain property owners to rectify the situation. Mr. Dalton, Deputy General Manager-Chief Engineer, advised that the revenue program is in the final stage of approval by the State. 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 respective resolutions be adopted and that their recordation be authorized. RESOLUTION NO. 76-232, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM D. C. DEVELOPMENT AND CONSTRUCTION COMPANY, INC., WALNUT CREEK AREA (JOB NO. 2766 - PARCEL NO.1) RESOLUTION NO. 76-233, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM D. C. DEVELOPMENT AND CONSTRUCTION COMPANY, INC., WALNUT CREEK AREA (JOB NO. 2777 - PARCEL NO.1) RESOLUTION NO. 76-234, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM NORMAN G. ALUMBAUGH, DANVILLE AREA (JOB NO~ 2518 - PARCEL NO.1) RESOLUTION NO. 76-235, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM THE HOUSING GROUP, DANVILLE AREA (JOB NO. 2518 - PARCEL NO.2) RESOLUTION NO. 76-236, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM THE HOUSING GROUP, DANVILLE AREA (JOB NO. 2518 - PARCEL NO.3) RESOLUTION NO. 76-237, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM VINCENT CRUDELE AND JUDITH CRUDELE, MORAGA AREA (JOB NO. 2718 - PARCEL NO.1) RESOLUTION NO. 76-238, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM DAVID A. MC ILROY, MORAGA AREA (JOB NO. 2718 - PARCEL NO.2) 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. 76-29) TO BE CONSIDERED IN PENDING ANNEXATION TO THE DISTRICT After discussion, it was moved by Member Rustigian, seconded by Member Allan, that P.A. 76-29, located on the Arnold Industrial Highway, be app~oved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 11 04 76 919 3. CONFIRM "AMENDED ASSESSMENT DIAGRAMS" AND AUTHORIZED RECORDING OF SAID DIAGRAMS 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 Diagrams" for the following assessment and authorization for recording of said diagram, be approved. Original Assessment Number Amended Assessment No. Apportioned Amount 45-1-2-15 45-1-2-18 -19 $1,443.66 1,443.66 45-1-3-11 45-1-3-14 -15 -16 -17 -18 -19 1,890.18 1,890.18 997.16 550.63 0.00 0.00 Motion carried by the following vote: AYES: NOES: ABSENT: Hembers: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 4. AUTHORIZE SALE OF 467 SQUARE FEET OF PORT CHICAGO PUMP STATION SITE (JOB 1369 - PARCEL NO.8) TO CONTRA COSTA COUNTY After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Allan, seconded by Member Rustigian, that authoriza- tion to sell 467 square feet of Port Chicago Pump Station Site (Job 1369- Parcel No.8) to Contra Costa County at a price of $390 and to execute a grant deed for same, be approved; also that authorization to execute a temporary construction permit over a portion of said Pumping Station Site, be approved and that a resolution be adopted approving the sale and grant of real property. RESOLUTION NO. 76-239, A RESOLUTION AUTHORIZING THE SALE OF 467 SQUARE FEET OF PORT CHICAGO PUMP STATION SITE (JOB NO. 1369 - PARCEL NO.8) TO CONTRA COSTA COUNTY Hotion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Hembers: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 5. AUTHORIZE EXECUTION OF JOINT USE AGREEMENT WITH STATE OF CALIFORNIA, ~TOB NO. 1938 (39" CLINE), LOCATED WITHIN NEW FRONTAGE ROAD NORTH OF INTERSECTION OF STATE HIGHWAY 4 WITH SOLANO WAY After discussion, it was moved by Member Mitchell, seconded by Member Rustigian, that authorization to execute a Joint Use Agreement with the State of California establishing easement rights within the new location, and authorizing its recording be approved, and that a resolution be adopted to that effect. RESOLUTION NO. 76-240, A RESOLUTION AUTHORIZING A JOINT USE AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE 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 11 04 76 920 6. REQUEST RESOLUTION ADOPTING ELIGIBLE LIST FOR THE POSITION OF MAIN- TENANCE CREW LEADER After discussion, it was moved by Member Allan, seconded by Member Gibbs, that a resolution establishing an eligible list from the results of recently held written and oral examinations for the position of Maintenance Crew Leader be adopted. RESOLUTION NO. 76-241~ A RESOLUTION ESTABLISHING AN ELIGIBLE LIST FOR THE POSITION OF MAINTENANCE CREW LEADER Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None 7. RESOLUTION APPOINTING GARY SLOWINSKI AND GARY SHAW TO THE POSITION OF ~~INTENANCE CREW LEADER - RANGE 62 (STEP C FOR SLOWINSKI AND STEP B FOR SHAW), EFFECTIVE NOVEMBER 1, 1976 Mr. Horstkotte, General Manager-Chief Engineer, explained that one of the positions was authorized in the 1976-77 budget. The other appointment is made necessary because of the resignation of Maintenance Crew Leader, George Beach. It was moved by Member Allan, seconded by Member Gibbs, that Gary Slowinski and Gary Shaw be appointed to the position of Maintenance Crew Leader, Range 62-C ($1,418) for Mr. Slowinski and Range 62-B ($1,352) for Mr. Shaw, effective November 1, 1976, and that respective resolutions be adopted. RESOLUTION NO. 76-242, A RESOLUTION APPOINTING GARY SLOWINSKI TO THE POSITION OF MAINTENANCE CREW LEADER' RESOLUTION NO. 76-243, A RESOLUTION APPOINTING GARY SHAW TO THE POSITION OF MAINTENANCE CREW LEADER Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 8. RESOLUTION APPOINTING ROBERT SMITH TO THE POSITION OF MAINTENANCE CREW MEMBER - RANGE 56 - STEP C EFFECTIVE NOVMEBER 1, 1976 After discussion, it was moved by Member Allan, seconded by Member Gibbs, that Robert Smith be appointed to the position of Maintenance Crew Member II, Range 56-C ($1,229) effective November 1,1976, and a resolution be adopted to that effect. RESOLUTION NO. 76-244, A RESOLUTION APPOINTING ROBERT SMITH TO THE POSITION OF MAINTENANCE CREW MEMBER II Motion carried by the following vote: AYES: NOES: ABSENT : Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None 11 04 76 921 9. AUTHORIZE $130 FOR STAFF ATTENDANCE AT THE WATER POLLUTION CONTROL SAFETY CONFERENCE After discussion, it was moved by Member Rustigian, seconded by Member Gibbs, that authorization for 13 District personnel to attend the Water Pollution Control Safety Conference in Concord on November 17,1976, at a cost of $10.00 each be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 10. AUTHORIZE STAFF ATTENDANCE AT CALIFORNIA LAND SURVEYORS ASSOCIATION, A WORKSHOP ON WATER AND WATER RELATED BOUNDARIES, NOVEMBER 5-6,1976, SAN FRANCISCO Board Members and staff discussed the merits of a staff member attend- ing this conference. The Board stated that problems concerning water related boundaries become legal matters and would therefore, fall under the responsibilities of District Counsel. Mr. Carniato, District Counsel, indicated that determinations involving water related boundaries can become very complex and he felt that it would be desirable for staff to be well informed in this regard. It was then moved by Member Rustigian, seconded by Member Allan, that authorization for a staff member to attend the California Land Surveyors' Association Workshop on Water and Water Related Boundaries, November 5-6,1976 in San Francisco, be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Allan and Boneysteele Gibbs and Mitchell None 11. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA a. A RESOLUTION ORDERING THE ANNEXATION OF, TERRITORY CONTAINED IN DISTRICT ANNEXATION NO. 53 TO THE CCCSD After discussion regarding the MacAlvey property annexation, Martinez area (authorized 9-16), it was moved by Member Allan, seconded by Member Rustigian, that a resolution ordering the annexation of territory contained in District Annexation No. 53 to the CCCSD be adopted. RESOLUTION NO. 76-245, A RESOLUTION ORDERING THE ANNEXATION OF ,TERRITORY CONTAINED IN DISTRICT ANNEXATION NO. 53 (MAC ALVEY - 31 AC.) TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT Motion carried by the following vote: AYES: NOES: AB SENT: Members: Members: Hembers: Gibbs, Mitchell, Rustigian, Allan anq Boneysteele None None A RESOLUTION MAKING A NEGATIVE DECLARATION AND PROVIDING FOR NOTICE THEREOF - DISTRICT ANNEXATION NO. 55 (KIMBALL - 13 AC.) b. c. DISTRICT ANNEXATION NO. 55 (KIMBALL), A RESOLUTION OF APPLICATION FOR THE ANNEXATION OF PROPERTIES TO CCCSD Hr. Dalton, Deputy General Manager-Chief Engineer, advised that this matter previously reviewed by the Board, has now been approved by LAFCo for inclusion in the District's sphere of influence on the new property line excluding the westerly 27 acres. The property originally requesting annexation has been reduced from 40 acres to 13 acres. Board Members requested an explanation of the map. Mr. Graham, thè Development Consultant, explained the map and its boundaries. 11 04 76 922 It was moved by Member Rustigian, seconded by Member Mitchell, that a resolution making a negative declaration and providing for notice there- of, District Annexation No. 55 and a rèsolution of application for the annexation of properties to CCCSD be adopted, with the stipulation that the southwestern boundary of this parcel is to be an ultimate service boundary and that the District does not anticipate annexation of the steep portion of this property lying southwesterly of this boundary. RESOLUTION NO. 76-246, A RESOLUTION ORDERING A NEGATIVE DECLARATION AND PROVIDING FOR NOTICE THEREOF - DISTRICT ANNEXATION NO. 55 (KIMBALL - 13 ACRES) RESOLUTION NO. 76-247, A RESOLUTION OF APPLICATION FOR THE ANNEXATION OF PROPERTIES TO CCCSD Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None d. APPROVAL OF ELECTRONIC EQUIPMENT MAINTENANCE AGREEMENT AND AUTHORIZATION FOR PRESIDENT OF BOARD TO SIGN After discussion, it was moved by Member Gibbs, seconded by Member Allan, that the President be authorized to sign the renewal of the Elec- tronic Equipment Maintenance Agreement (radio equipment) with Contra Costa County. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 12. INFORMATION a. KAISER INDUSTRIES VS. PETERSON/SIMPSON . This matter to be taken up in an executive session later in the meeting. b. LETTER TO CITIES RE SOLID WASTE Board Members reviewed the letter for the President's signature regard- ing solid waste, dated October 26, 1976, written to the cities of Concord, Martinez, Pleasant Hill and Walnut Creek. LETTER FROM TEAMSTERS LOCAL 315 c. Board Members noted correspondence from the Teamsters Local 315, written to Mr. Boyd Olney of Pleasant Hill-Bayshore Disposal Service dated October 19, 1976. d. STATUS OF GARBAGE EFFICIENCY STUDY Mr. Jack Case reported that he is proceeding with the study and has plans to travel on a route with Valley Disposal. President Boneysteele stated that staff should have the study com- pleted by the time the District begins its contract negotiations with the franchisees. It was the consensus of the Board that staff should prepare a report for presentation to the Solid Waste Committee at a meeting to be scheduled the first week in December. 11 04 76 923 VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER Mr. Horstkotte explained to the Board, in brief, the possible alter- natives for developing the secondary treatment area in Stage 5B. He re- ported that the proposals are in the discussion stages, but he wants the Board to be aware of what staff is endeavoring to do. President Boneystee1e stated that staff should come back with a definite proposal as to what is going to be done. Member Gibbs suggested that a flow or schematic diagram would be beneficial. 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato advised the Board that the vacant property (Lot 506, Orinda, Hacienda del Orinda No.5) is encumbered with a $500,000 Deed of Trust. He has written a letter to the lender in an effort to have the Lot relieved from the encumbrance. b. Mr. Carniato informed the Board that he has forwarded the District Conflict of Interest Code to the County Clerk and the County Counsel. It appears, that those required to file have 30 days in which to do so after the Code is approved by the Board of Supervisors. It was the Board's consensus that the Board Members should still proceed to fill out their forms as soon as possible. c. Mr. Carniato advised the Board that there appears to be a conflict on the Larwin Annexation. The LAFCo resolution was predicated on Valley' Community Services District not imposing any sewer taxes in that area and that the CCCSD would have jurisdiction over solid waste. At that time, the VCSD resolution had not been put into writing and the solid waste matter was omitted in the final resolution. Therefore, Mr. Carniato has written a letter to Valley setting forth the situation and asking if there was a specific reason for the omission in regard to solid waste. 3. SPECIAL COUNSEL FOR THE DISTRICT a. Mr. Bohn reported that the County Solid Waste Management Interim Policy Body has adopted their report as of this date. It will be brought before the Supervisors for approval and then referred to the cities for concurrence, after which it will be forwarded to the Secretary of State. If the majority approve the report, the Interim Policy Body will probably be delegated as a permanent coordinating body. b. Mr. Bohn reported on the Teichert matter. The motion for a summary judgment has failed. He requested Board approval to settle the case in the amount of $1,000. . It was moved by Member Allan, seconded by Member Rustigian, that authorization to settle the Teichert matter for the amount of $1,000 be approved, and that a resolution be adopted to that effect. RESOLUTION NO. 76-:276, A RESOLUTION AUTHORIZING SETTLEMENT OF THE TEICHERT CASE FOR THE AMOUNT OF $1,000 Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneystee1e None None 4. SECRETARY Mr. Hopkins gave the Board a supplemental list of applicants for the position of General Manager-Chief Engineer. 11 04 76 924 5. COMMITTEES a. PERSONNEL COMMITTEE - Member Allan, Chairman of the Personnel Committee, advised the Board that a meeting had been held for the purpose of making a preliminary assessment of the applicants for the General Manager- Chief Engineer position. b. BASSA - Member Gibbs reported that BASSA has brought a suit against the EPA, Bay Area Regional Water Quality Control Board, etc., regarding the misuse of federal funds on the 208 program. IX. MATTERS FROM THE FLOOR a. Mr. Horstkotte, General Manager-Chief Engineer, reported that BUSINESS WEEK magazine is doing an article on our Treatment Plant which should appear in one of the next two issues. b. Mr. Horstkotte, General Manager-Chief Engineer, reported that he toured the Treatment Plant with Congressmen who are assigned to the Water Pollution Committee. c. Mr. Ron Sieger of Brown and Caldwell discussed with the Board the prototype test and study made at the Concord furnace, to clarify some of the comments made earlier by the Board. d. President Boneysteele advised the Board that the election of a new Board President should be held at the next meeting. At 9:25 P.M., President Boneysteele recessed the meeting. At 9:35 P.M., President Boneysteele reconvened the meeting. At 9:36 P.M., President Boneysteele declared an executive session to discuss litigation matters. At 10:23 P.M., President Boneysteele declared the executive session closed. X. ADJOURNMENT At 10:24 P.M., President Boneysteele adjourned the meeting. /ì 1/:- I , I, .' '\ -/-- ;/ / 'I-. ( - '-~ <¡ ,/~'<.:::.f //¿,....- /' . President of the Board of . irectors of Central Contra Costa Sanftary District of Contra Costa County, State of California /.. / COUNTERSIGNED: 11 04 76