HomeMy WebLinkAboutBOARD MINUTES 03-06-69
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MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD MARCH 6,1969
The District Board of Central Contra Costa Sanitary District convened
in a Regular Session at its regular place of meeting located at l2S0 Spring-
brook Road, Walnut Creek, County of Contra Costa, State of California, on
March 6,1969, at 8:00 o'clock P.M.
The meeting was called to order by President Gibbs.
I.
ROLL CALL
PRESENT:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
ABSENT:
Members:
None
II.
APPROVAL OF MINUTES
It was moved by Member Mitchell, seconded by Member Rustigian, that
the Minutes of the February 20, 1969, meeting be approved subject to the
following corrections:
Under the heading of "II. APPROVAL OF MINUTES", amendment to Minutes
of February 6,1969, meeting, the paragraph under "VII. NEW BUSINESS,
MATTERS FROM THE FLOOR, RECLAIMED WATER RIGHTS", shall read:
"Member Mitchell stated that he had attended a symposium on the legal
aspects of water allocation at the University of California."
And under "VII. NEW BUSINESS, JOINT USE AGREEMENT RE SHELL OIL COMPANY
EASEMENT PARCEL 5 R-2, LOCAL IMPROVEMENT DISTRICT NO. SO, NO COST TO DISTRICT",
the parcel number shall be Parcel M, not ParcelS R-2.
And under "MATTERS FROM THE FLOOR, UNIFORM ACCOUNTING SYSTEM FOR GAR-
BAGE COLLECTORS", the first paragraph shall read:
"Member Boneysteele stated that he had reviewed the comments from Mr.
Brown, C.P.A., Auditor for Lafayette Garbage Disposal Service, relative to
the uniform accounting system prepared by Mr. J. S. Plourde, C.P.A., and
passed on his comments to Mr. Plourde."
Motion correcting Minutes carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
III.
APPROVAL OF EXPENDITURES
It was moved by Member Boneysteele, seconded by Member Mitchell, that the
expenditures, as audited by the Auditing Committee and as submitted by the
General Manager-Chief Engineer, be approved, reference being specifically made
to Sewer Construction Vouchers Numbers 632 to 643, inclusive, Running Expense
Vouchers Numbers 9l90 to 9328, inclusive, and Payroll Vouchers Numbers 2855 to
2949, inclusive. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
IV.
HEARINGS
None.
V.
BIDS
None.
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06
69
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VI.
OLD BUSINESS
LOCAL IMPROVEMENT DISTRICT NO. SO, MARTINEZ SEWERS
President Gibbs asked if anyone in the audience wished to be heard.
Mr. Monson, City Manager for the City of Martinez, stated that he was
representirig the City Council of Martinez arid requested negation of the
contract with the District for sewer service.
Mr. Bohn, Counsel for the District, stated that the District presently
has in excess of $300,000.00 in engineering and other costs invested in the
proj ect.
Mr. Monson stated this would be open to negotiation.
Mr. Paul Hughey, resident of Martinez, stated that the City is now a
part of Central Contra Costa Sanitary District and he was interested in
seeing the City's interests protected.
He stated the City did not meet in public session and asked what
evidence the City considered and what alternatives the City proposed. He
stated that what the City is proposing was done in a short period of two weeks.
Mr. Monson stated the City Council had made a policy decision to dissolve
the contract with the District.
Mr. Monson read from the following Resolution adopted by the City Council
on February 28,1969:
"RESOLUTION NO. 18
(l969 Series)
"RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARTINEZ REGARDING
CENTRAL CONTRA COSTA SANITARY DISTRICT
"BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARTINEZ, that consider-
ing all available information developed recently by both the City of Martinez
and the Central Contra Costa Sanitary District regarding the costs to the City
of Martinez for the construction and connection of sewer lines to Central
Contra Costa Sewer District pursuant to that certain agreement dated September
13, 1967, it is in the best interest of the City of Martinez that the City
withdraw from the annexation agreement of September 13,1967, with the Central
Contra Costa Sanitary District; and
"BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARTINEZ,
that the City detach from the Contra Costa Sanitary District that portion of
the City of Martinez which recently annexed to the District; and
"BE IT FURTHER RESOLVED, BY THE CITY COUNCIL OF THE CITY OF MARTINEZ,
that the City Staff be and is hereby instructed to convey this fact to the
Central Contra Costa Sanitary District to determine if this can be effected
by bi-lateral agreement. In the event this cannot be done, the City Council
of the City of Martinez will take whatever immediate legal steps are necessary
to accomplish this withdrawal and detachment.
------------------------------
"I HEREBY CERTIFY THAT the foregoing is a true and
resolution duly adopted by the City Council of the City
adjourned meeting called specifically for discussion of
held on February 28, 1969, by the following vote:
correct copy of a
of Martinez at an
litigation matters,
"AYES:
NOES:
ABSENT:
NOT VOTING:
Councilmen - KRAUSE, LAIRD, LANCE, SPARACINO, BENSON
Councilmen - NONE
Councilmen - NONE
Councilmen - NONE
Isl Lawrence J. Kowalski
Lawrence J. Kowalski, City Clerk
City of Hartinez"
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Board Members pointed out to Mr. Monson that the District was not
in a position to make a decision on the request for detachment until such
time as agreement was reached relative to funds spent by the District.
Board Members also pointed out that the District has an obligation
to the City of Martinez, who voted to annex to the District, as well as
an obligation to the District as a whole.
The matter of presenting detachment to the Local Agency Formation
Commission and the questions they would want answered was discussed.
Mr. Monson requested that the proceedings for Local Improvement
District No. 50 be terminated and the problems for detachment be worked
out.
Board Members stated that the receipt of bids on March 20,1969, and
the Hearing on March 27,1969, were very important and, until the facts
presented at this Hearing were reviewed, the Board was not in a position
to make a determination.
Board Members suggested that the District staff and City staff, along
with Counsel for both, meet and review the problems involved and report
to the District Board at the March 27,1969, meeting.
Mr. Laster, of Ernest Wilson's office, presented the following
Resolutions which he explained were necessary to meet the time schedule
of the proceedings for Local Improvement District No. 50:
RESOLUTION NO. 1922, A RESOLUTION ESTABLISHING PREVAILING WAGE SCALE,
LOCAL IMPROVEMENT DISTRICT NO. 50
It was moved by Member Rustigian, seconded by Member Allan, that
Resolution No. 1922 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
RESOLUTION NO. 1923, A RESOLUTION CALLING FOR SEALED PROPOSALS AND
FIXING LIQUIDATING DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN
TIME SPECIFIED, LOCAL IMPROVEMENT DISTRICT NO. SO
It was moved by Member Rustigian, seconded by Member Allan, that
Resolution No. 1923 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
VII.
NEW BUSINESS
AUTHORIZE EXECUTION OF AMENDMENT TO STATE OF CALIFORNIA UTILITIES AGREE-
MENT NO. 48S.4l, ORINDA TO DOLORES DRIVE, LAFAYETTE (DISTRICT SEWERING
PROJECT l372 ACCESS ROAD)
Mr. Horstkotte, General Manager-Chief Engineer, stated the agreement
was amended for the cost of the work from $58,000.00 to $63,000.00; total
cost to be paid by the State.
It was moved by Member Rustigian, seconded by Member Mitchell, that
the President and Secretary be authorized to execute the Amendment to the
State of California Utilities Agreement No. 485.4l, Orinda to Dolores Drive,
Lafayette (District Sewering Project 1372 Access Road). Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
03
06
69
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CLAIMS FOR DAMAGES
Frank Antoine, $456.50
Mr. Horstkotte, General Manager-Chief Engineer, stated the claim for
damages was the result of sewer backup and overflow in Mr. Antoine's home,
and it was the staff recommendation to pay.
It was moved by Member Allan, seconded by Member Boneysteele, that the
claim of Mr. Frank Antoine, in the sum of $456.50, be paid after receipt of
a signed Release in Full Settlement and Compromise. Carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
Mrs. George D. Shoptaugh, $460.32
Mr. Horstkotte, General Manager-Chief Engineer, stated the claim for
damages was the result of sewer backup and overflow in Mrs. Shoptaugh's
home, and it was the staff recommendation to pay.
It was moved by Member Allan, seconded by Member Rustigian, that the
claim of Mrs. George D. Shoptaugh, in the sum of $460.32, be paid after
receipt of a signed Release in Full Settlement and Compromise. Carried by
the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
CLAIM FOR PAYMENT OF PLUMBING BILLS, KENNETH L. COURTRIGHT, $39.50
Mr. Horstkotte, General Manager-Chief Engineer, stated the claim for
payment of plumbing bills was the result of sewer backup and overflow in
an office building, and it was the staff recommendation to pay.
It was moved by Member Boneysteele, seconded by Member Rustigian, that
the claim of Mr. Kenneth L. Courtright, in the sum of $39.50, be paid upon
receipt of a signed Release in Full Settlement and Compromise. Carried by
the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
RESOLUTION NO. 1924, A RESOLUTION INITIATING PROCEEDINGS AND SETTING HEARING
DATE, DISTRICT ANNEXATION 24, DANVILLE, WALNUT CREEK AND PLEASANT HILL
Mr. Horstkotte, General Manager-Chief Engineer, explained this was not
a lOO% petition for annexation and requires a Hearing (April 3, 1969).
It was moved by Member Allan, seconded by Member Rustigian, that Resolution
No. 1924 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
RESOLUTION NO. 1925, A RESOLUTION OF APPLICATION FOR DISTRICT ANNEXATION 28,
MARTINEZ AREA, LOCAL IMPROVEMENT DISTRICT NO. SO
Mr. Horstkotte, General Manager-Chief Engineer, explained this was not
a 100% petition for annexation, but involved areas which are required to be
included in the Local Improvement District No. SO proceedings.
It was moved by Member Rustigian, seconded by Member Allan, that Resolution
No. 1925 be adopted. Carried by the following vote:
03
06
69
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AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
RESOLUTION NO. 1926, A RESOLUTION RE SETTLEMENT OF CHLOR-ALKALI LITIGATION
AND AUTHORIZING EXECUTION OF RELEASE
Mr. Bohn, Counsel for the District, stated that the District Board
had previously authorized settlement, but the total settlement figure from
which the District receives its share has been changed from $74,48l.00 to
$74,147.00 and requires adoption of a new Resolution.
It was moved by Member Allan, seconded by Member Mitchell, that
Resolution No. 1926 be adopted and the President and Secretary be authorized
to execute release. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
SETTLEMENT OF REPAIR CLAIM WITH M.G.M. CONSTRUCTION CO. AND AUTHORIZATION
FOR EXECUTION OF RELEASE
Mr. Bohn, Counsel for the District, stated that a repair bill to East
Bay Municipal Utility District and M.G.M. Construction Co. has been in dispute
for some time and a 50% compromise settlement of $95.00 has been approved by
the District staff.
It was moved by Member Rustigian, seconded by Member Allan, that the
invoice, dated April 19,1968, to East Bay Municipal Utility District,
relative to M.G.M. Construction Co. work in the amount of $l90.34 be settled
for $95.00, and Mr. Horstkotte, General Manager-Chief Engineer, be authorized
to sign Release of Claim. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
TESTIMONIAL DINNER HONORING GRANT A. BURTON, MARCH 13,1969
Mr. Horstkotte, General Manager-Chief Engineer, presented a letter from
Contra Costa County Development Association relative to a testimonial dinner
for Grant A. Burton on his retirement from the Regional Water Quality Control
Board.
SEWER CONSTRUCTION AUTHORIZATIONS
Mr. Horstkotte, General Manager-Chief Engineer, requested the following
authorizations from the Sewer Construction Fund:
Watershed 3 (prior $4,064)
Watershed 27
Watershed 33
Watershed 36
District Expense, Sale of Treatment Plant
Surplus Property
Close authorization for Treatment Plant
Enlargement - 1967, District Expense
$1,000.00
500.00
500.00
500.00
1,000.00
4,639.94
TOTAL
$8,l39.94
It was moved by Member Boneysteele, seconded by Member Rustigian, that
$8,139.94 be authorized from Sewer Construction Funds for Watershed 3,
$l,OOO.OO, Watershed 27, $500.00, Watershed 33, $500.00, Watershed 36,
$500.00, District Expense, Sale of Treatment Plant Surplus Property,
$l,OOO.OO and Close Authorization for Treatment Plant Enlargement - 1967,
District Expense, $4,639.94. Carried by the following vote:
AYES: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs
NOES: Members: None
ABSENT: Members: None
03 06 69
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REPLACEMENT OF CHLORINE EQUIPMENT
Mr. Horstkotte, General Manager-Chief Engineer, presented a memorandum
from Mr. Dave Niles, Supt., Water Pollution Control Plant, re replacing
chlorine equipment at the Treatment Plant, which was built in 1957, and
requested authorization to proceed with replacement at an estimated cost of
$30,000.00.
After discussion, it was moved by Member Allan, seconded by Member
Mitchell, that the chlorine equipment be replaced at the Treatment Plant
at an estimated cost of $30,000.00 from Sewer Construction Funds. Carried
by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
MATTERS FROM THE FLOOR
Member Allan discussed with the Board Members the proposed Bay Area
Sanitation Pipe Line-Delta Study and the Kaiser Engineers Study on water
pollution.
VII.
REPORTS
COMMITTEES
None.
GENERAL MANAGER-CHIEF ENGINEER
NO.3 WATER SYSTEM
Mr. Horstkotte, General Manager-Chief Engineer, reported on the No.3
Water System at the Treatment Plant which is now in operation.
RECLAMATION OF WATER AT THE TREATMENT PLANT
Mr. Horstkotte reported he had met with the people relative to study for
reclamation of water at the Treatment Plant.
COUNSEL FOR THE DISTRICT
None.
EXECUTIVE SESSION
Member Boneysteele stated that he was absent at the last meeting when
the Board Members met in Executive Session to discuss the salary of Mr. Bohn,
Counsel for the District, and that he requested that the matter be again
considered this evening.
At lO:05 o'clock P.M., President Gibbs adjourned to Executive Session
to discuss salary of Mr. Bohn, Counsel for the District.
At 10:20 o'clock P.M., the District Board reconvened in Regular Session.
IX.
ADJOURNMENT
At lO:20 o'clock P.M., the meeting was adjourned by President Gibbs to
March 20, 1969.
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President of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
COUNTERSIGNED:
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Secre~ry of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
03
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