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HomeMy WebLinkAboutBOARD MINUTES 07-06-72 101 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD JULY 6, 1972 The District Board of Central Contra Costa Sanitary District convened in a Regular Session at its regular place of meeting located at l250 Spring- brook Road, Walnut Creek, County of Contra Costa, State of Califomia, on July 6, 1972, at 8:00 o'clock P.M. The meeting was called to order by President Allan. 1. ROLL CALL PRESENT: Members: Boneysteele, Mitchell, Rustigian and Allan ABSENT: Member: Gibbs Member Gibbs arrived at 8:20 o'clock P.M. II. APPROVAL OF MINUTES After comment by Member Boneysteele and Mr. Dalton, Administrative Engineer, regarding clerical errors on pages 2 and 5, and comment by Member Rustigian, it was moved by Member Boneysteele, seconded by Member Rustigian, that the Minutes of the meeting of June l5, 1972, be approved after making the following correction: Under "MATTERS FROM THE FLOOR", change the last sentence to read: "After discussion by Board Members and staff, and as the contractor was not willing to negotiate, it was the consensus of the Board that the matter be referred to staff for corrective action and if need be, or if necessary, the District cost of repairing Mrs. Williams' property should be deducted from the contractor's performance bond which is filed with the District." Motion changing Minutes carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Rustigian and Allan None Gibbs II 1. APPROVAL OF EXPENDITURES After comment by Member Rustigian requesting additional explanatory in- formation on Voucher 14766 and comment by Member Boneysteele requesting staff provide routine additional explanatory information on vouchers similar to 14814, it was moved by Member Rustigian, seconded by Member Boneysteele, that the expenditures, as reviewed by Member Rustigian of the Expenditure Committee, and Member Boneysteele, and as submitted by the Administrative Engineer in the absence of the General Manager-Chief Engineer, be approved, reference being specifically made to Sewer Construction Vouchers Numbers 1456 to 1506, inclusive, Running Expense Vouchers Numbers 14698 to 14853, inclusive, Payroll Vouchers Numbers 1810 to 1937, inclusive, Local Improve- ment District 50 Construction Fund Voucher Number 152 and Local Improvement District 51 Construction Fund Voucher Number 14. Staff was directed to provide additional information on Vouchers 14766 and 14814 prior to effecting payment. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None 07 03 72 102 IV. HEARINGS DELINQUENT SEWER SERVICE CHARGES After initial explanation by Mr. Dalton, Administrative Engineer, and Mr. Carniato, representing Mr. Bohn, Counsel for the District, President Allan opened the hearing. President Allan asked if there were any persons in the audience who wished to present a protest. There were none. Mr. Carniato stated a written protest had been received from Mrs. Patricia Lapan, owner of property located at 115 Sharene Lane, Walnut Creek, California, County Assessor's Number l78- 282-001. Mr. Carniato stated Mrs. Lapan's property was delinquent, including penalties and interest, in the amount cf $976.79 for sewer service charges. He explained the property had been repossessed by Mrs. Lapan and that delinquency was a result of previous ownership. As fue lien was against the property and not ownership, and in view of the circumstances regarding Mrs. Lapan's protest, Mr. Carniato recommended collection of delinquent sewer service charges for the aforesaid property less penalty and interest charges. After comment by Secretary Davis that the amount of sewer service charges delinquent less penalties and interest was $558.00, and after discussion by the Board Members, it was moved by Member Gibbs, seconded by Member Rustigian, that delinquency of sewer service charges against the property of Mrs. Lapan be collected less penalty and interest charges. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None President Allan closed the hearing. RESOLUTION NO. 72-32, A RESOLUTION OVERRULING PROTEST AND ADOPTING THE REPORT PURSUANT TO SECTION 5473, HEALTH AND SAFETY CODE After recommendation by Mr. Carniato, representing Mr. Bohn, Counsel for the District, it was moved by Member Mitchell, seconded by Member Rustigian, that Resolution No. 72-32 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None V. BIDS FOR PAINTING PORTIONS OF OFFICE BUILDING After explanation by Mr. Dalton, Administrative Engineer, it was moved by Member Boneysteele, seconded by Member Rustigian, that bids by Mr. James H. Sisco, Walnut Creek, Califomia, in the amount of $2,219.00 and by Tassell Painting, Inc., Antioch, California, in the amount of $2,440.00, for painting portions of office building, be accepted and that award of bid be made to Mr. James H. Sisco as lowest bidder. Carried by the following vote: AYES: NOES: ABSENT: Members: Membe rs : Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None VI. OLD BUSINESS DRAFT ORDINANCE ON DISPOSAL SITES Mr. Dalton introduced Mr. George Gordon, attorney, representing Acme Fill Corporation. Mr. Gordon addressed the Board. In his remarks, Mr. Gordon stated he had reviewed the draft ordinance, was familiar with the intent and interest of the District, but that there were certain aspects of the ordinance on which he would like clarification. He requested that the Board defer im- mediate action on the ordinance in order to permit him to confer with Mr. Bohn, Counsel for the District, who would be unavailable until July 12, 1972. 07 06 72 .LV') Board Members, Mr. Carniato, representing Counsel for the District, and Mr. Gordon, discussed several of the points raised by Mr. Gordon con- cerning the draft ordinance and its possible impact upon disposal sites already in existence within the District. The item was continued to the meeting of July 27, 1972, in order to permit staff, Mr. Bohn, Counsel for the District, and Mr. Gordon to confer on the draft ordinance. MR. GOERGE JACOBSON, CONTRACTOR Mr. Jacobson appeared before the Board in regard to a complaint filed with the District by Mrs. Bridie Williams, 44 Camino don Miguel, Orinda, California, alleging Mr. Jacobson had damaged her property. Mr. Jacobson stated that in the event Mrs. Williams' claim was valid, his insurance company would accept responsibility for settling the claim. Member Mitchell commented that Member Gibbs had investigated Mrs. Williams' claim. At his suggestion, as Member Gibbs was not present to report, it was the consensus of the Board that the item be continued to the meeting of July 27, 1972. Subsequent to the departure of Mr. Jacobson, Member Gibbs arrived at the meeting. Mr. Carniato, representing Mr. Bohn, Counsel for the District, reviewed in detail the facts and circumstances relating to Mrs. Williams' claim as known by the District staff. Board Members, staff and Mr. Carniato discussed various aspects of the matter with particular emphasis on Member Gibbs' report of investigation and the District's requirement that all con- tractors performing work within the District post a $1,000.00 performance bond. After discussing alternative methods to resolve the item, it was the consensus of the Board that the matter be referred to Counsel for the District to inform the parties concerned that the District would take no definitive action on the complaint at this time. MR. DON McCORMACK. CONTRA COSTA TIMES Mr. McCormack requested that he be provided with similar information, documents, and staff position papers as received by Board Members and that this material should be available in advance of scheduled Board Meetings. Discussion by Board Members, staff, Mr. Carniato, representing Mr. Bohn, Counsel for the District, and Mr. McCormack followed. In the dis- cussion, some concern was expressed by Members that the news media may interpret staff recommendations as definitive action by the Board, and, therefore, their reporting of District activities could be inaccurate. After explanation and clarification by Mr. McCormack on the manner in which he proposes to utilize the material and after comment by Mr. Camiato suggesting that legal documents should be excluded, it was moved by Member Boneysteele, seconded by Member Rustigian, that staff provide the Contra Costa Times, prior to scheduled Board meetings, with similar information and documents as provided Board Members. Exceptions to this policy are legal documents and those documents that should not be made public until the date of the Board meeting. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None RESOLUTION NO. 72-33, A RESOLUTION OF INTENTION TO MAKE CHANGES AND MODIFICATIONS, LOCAL IMPROVEMENT DISTRICT NO. 5l After explanation by Mr. Dalton, Administrative Engineer, it was moved by Member Mitchell, seconded by Member Gibbs, that Resolution No. 72-33, A Resolution of Intention to Make Changes and Modifications, be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Membe rs : Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None 07 06 72 104 VII. NEW BUSINESS CONSENT ITEMS ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT It was moved by Member Mitchell, seconded by Member Gibbs, that ease- ments from Flora De Martini, et aI, Job 2149, Parcell, Mr. Stanley Pedder, et ux, Job 2183, Parcell, Neil and Liahona Christensen, Job 2158, Parcell, Mr. Ronald E. Towery, Job 2128, Parcell, and Mr. Allan J. Smedstad, Job 2l28, Parcel 2, be accepted and their recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None ACCEPTANCE OF GRANT DEED FROM CONTRA COSTA COUNTY FOR 9.747 ACRES ADJACENT TO TREATMENT PLANT It was moved by Member Mitchell, seconded by Member Gibbs, that Grant Deed from Contra Costa County for 9.747 acres adjacent to the treatment plant site be accepted and its recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None RESOLUTION NO. 72-34, A RESOLUTION CHANGING NEXT REGULAR MEETING FROM JULY 20, 1972 TO JULY 27, 1972 It was moved by Member Mitchell, seconded by Member Bonersteele, that Resolution No. 72-34 be adopted. Carried by the following vote: AYES: NOES: ABSTAINING: ABSENT: Members: Members: Membe r : Members: Boneysteele, Mitchell, Rustigian and Allan None Gibbs None CLAIM OF MR. J. H. GORDON IN THE AMOUNT OF $171.27 Mr. Dalton, Administrative Engineer, explained the circumstances sur- rounding Mr. Gordon's claim. A discussion between Board Members and staff followed, after which it was moved by Member Gibbs, seconded by Member Rustigian, that the claim of Mr. J. H. Gordon in the amount of $171.27 be paid following receipt of signed Release in Full Settlement and Com- promise. Carried by the following vote: AYES: Members: Gibbs, Mitchell, Rustigian and Allan NOES: Member: Boneysteele ABSENT: Members: None CLAIM OF MRS. CLYDE E. BROWN In absence of additional information regarding the claim, item was continued to the meeting of July 27, 1972. SPECIAL REBATE AGREEMENTS, WATERSHED 35 SOUTH AND WATERSHED 28 WEST After explanation by Mr. Dalton, Administrative Engineer, and brief discussion by Board Members and staff, it was moved by Member Mitchell, seconded by Member Gibbs, that the President and Secretary be authorized to execute special rebate agreement, Watershed 35 South, with Leadership Homes and special rebate agreement, Watershed 27 West, with Falender Homes Corporation. Carried by the following vote: AYES: NOES: ABSENT: Membe rs : Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None 07 06 72 l05 REQUEST BY DAME CONSTRUCTION COMPANY FOR DISTRICT TO SUBORDINATE ITS EASEMENT, MARCH ROAD, SAN RAMON After explanation by Mr. Carniato, representing Mr. Bohn, Counsel for the District, it was moved by Member Mitchell) seconded by Member Rustigian, that, subject to final approval by Counsel for the District) authorization be granted for the District to subordinate its easement, March Road, San Ramon. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs) Mitchell, Rustigian and Allan None None DOMESTIC WATER SUPPLY. MARTINEZ PUMP STATIONS Mr. Dalton) Administrative Engineer, explained that original plans for the Martinez pump stations did not envisage need for a domestic water supply. However, actual operation of the stations indicate that a domestic water sup- ply is required. Mr. Dalton requested authorization of $l,OOO.OO to conduct an engineering study of the problem. After brief discussion by Board Members and assurance that cost involved would not be allocated to Local Improvement District No. 50) it was moved by Member Mitchell, seconded by Member Rustigian, that authorization of $l,OOO.OO from the Sewer Construction fund for an en- gineering study be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele) Gibbs, Mitchell, Rustigian and Allan None None RETIREMENT CLAIM OF MR. MELVIN KLEMMICK, FORMER DISTRICT EMPLOYEE, IN THE AMOUNT OF $2l8.04 After brief discussion by Board Members and staff, claim was referred to Counsel for the District for review. Item continued to meeting of July 27, 1972. REQUEST BY D. B. McGLAMERY AND ASSOCIATES FOR GRANTING OF DISTRICT VARIANCE FOR SUBDIVISION NO. 4346, MORAGA AREA Mr. Dalton, Administrative Engineer, explained the property involved two apartment type buildings, serviced by a 6" sewer line, the status of which was changed to condominium units. With the possibility of multiple ownership, staff desired the sewer line be raised to mainline standards, namely, an 8" line with two manholes and a rod ding inlet. Wi th grant of easement, the District would then accept responsibility for the line's maintenance. Mr. Don McGlamery, representing the owner) addressed the Board. He explained the concept of condominiums, emphasizing that the property would still retain single ownership. He indicated that he did not think granting of a variance in this mstance would contravene the intent of the District's ordinance. Further, over a two-year period, no difficulty had been experienced in the functioning of the current sewer line. He suggested, therefore, increasing the size of the line with ad- ditional manholes and rodding inlet as mnecessary. Discussion between Board Members, staff, Mr. Carniato, representing Mr. Bohn, Counsel for the District, and Mr. McGlamer~ followed. Member Boneysteele noted that the change in status from apartment units to con- dominium units would have no impact on number of fixtures or number of people involved. The property would still be represented by a single owner. Member Mitchell commented that while ownership of the property may technically reside in a single owner, there would be individual owner- ship of each condominium unit. It would be beneficial to them if the line was raised to mainline standards. Mr. Carniato noted that ownership of condominium units could take several forms. If it involved multiple owner- ship, obtainment of easements could be a problem. After some concern was expressed over maintenance of the current sewer line, and possible District responsibility, Mr. McGlamery stated the owner has not requested the District to maintain the line. 07 06 72 ,---,----,------------------'----- --- 106 It was then moved by Member Boneysteele, seconded by Member Gibbs, that request for variance in the case of D. B. McGlamery and Associates for sub- division 4346, Moraga area, be granted. Carried by the following vote: AYES: NOES: ABSENT: Members: Member: Members: Boneysteele, Gibbs. Rustigian and Allan Mi t che 11 None AUTHORIZATIONS FROM SEWER CONSTRUCTION FUND SECOND AVENUE SEWER, DISTRICT SEWERING PROJECT NO. 1957, DISTRICT EXPENSE After explanation by Mr. Dalton, Administrative Engineer, it was moved by Member Mitchell, seconded by Member Rustigian, that authorization in the amount of $2,000.00 from the Sewer Construction fund for District Sewering Project Number 1957 be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None TREATMENT PLANT EXPANSION - BECHTEL CONTRACT, DISTRICT EXPENSE After explanation by Mr. Dalton, Administrative Engineer, it was moved by Member Gibbs, seconded by Member Boneysteele, that authorization in the amount of $30,000.00 from the Sewer Construction fund for Treatment Plant Expansion, Bechtel contract be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None TREATMENT PLANT EXPANSION - BROWN AND CALDWELL CONTRACT, DISTRICT EXPENSE After explanation by Mr. Dalton, Administrative Engineer, it was moved by Member Gibbs, seconded by Member Boneysteele, that authorization in the amount of $40,000.00 from the Sewer Construction fund for Treatment Plant Expansion. Brown and Caldwell contract, be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Membe rs : Membe rs : Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None ALUM SLUDGE POND, DISTRICT SEWERING PROJECT 2076, DISTRICT EXPENSE After explanation by Mr. Dalton, Administrative Engineer, it was moved by Member Mitchell, seconded by Member Boneysteele, that authorization in the amount of $10,000.00 from the Sewer Construction fund for Alum Sludge Pond, District Sewering Project 2076, be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele. Gibbs. Mitchell, Rustigian and Allan None None TRUNK SEWER DEFICIENCIES, AUTHORIZATION REQUEST FOR $49,025.00 Mr. Dalton, Administrative Engineer, explained that the authorization requested initiated a systematic District program to correct trunk line de- ficiencies detected through use of television equipment. Member Boneysteele expressed a concern regarding the initiation of such sewer deficiencies program while simultaneously financing the District's treatment plant expansion program. Mr. Dalton explained that the sewer deficiencies program was in con- sonance with State and Federal grant fund requirements which direct the District to initiate by September 1, 1972, a source and infiltration control program. He stated that in developing the District's ten year financial plan. he had allocated $100,000.00 each year for sewer deficiencies. 07 0 .r: ..,. 0 72 .LV I After comment by Member Boneysteele that $50,000.00 was the equivalent of $400,000.00 in grant funds, it was moved by Member Gibbs, seconded by Member Boneysteele, that authorization in the amount of $49,025.00 from the Sewer Construction fund for trunk sewer deficiencies be approved. Car- ried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None APPROVAL OF PLANS AND SPECIFICATIONS FOR DISTRICT SEWERING PROJECT 2054 (CAROL LANE, LAFAYETTE) AND AUTHORIZATION TO ADVERTISE AND RECEIVE BIDS, CAROL LANE, LAFAYETTE After explanation by Mr. Dalton, Administrative Engineer, it was moved by Member Mitchell, seconded by Member Gibbs, that Plans and Specifications for District Sewering Project 2054, Carol Lane, Lafayette, be approved and that authorization to advertise and receive bids be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None BROWN AND CALDWELL REPORT ON LIME SLUDGE RECYCLE PROJECT Item was continued to meeting of July 27, 1972. MATTERS FROM THE FLOOR FINANCIAL STATEMENT After comment by Member Rustigian regarding a personnel matter to be investigated by staff, Member Gibbs requested staff clarification of the District's financial statement. Discussion followed with Secretary Davis being requested to report on the matter at a future meeting. EAST BAY MUNICIPAL UTILITY DISTRICT TOUR Member Boneysteele reported on a two-day tour he had taken of East Bay Municipal Utility District facilities at Pardee Dam. He stated that he had met Mr. Walter F. Anton, Manager, Design and Construction Division of East Bay Municipal Utility District, who had recently been assigned responsibility for solid waste management. Mr. Anton had expressed an interest in District activities in solid waste and planned to attend the next meeting of the District's Advisory Committee on Solid Waste. VIII. REPORTS COMMITTEES The District's Negotiating Committee is awaiting response from the City of Concord. Member Mitchell, Chairman of the Personnel Committee, stated the Com- mittee planned to meet with Department Heads to discuss personnel require- ments. After discussion, it was agreed that this meeting would be held at 7:30 o'clock P.M., on July 11, 1972, at the District Offices. Member Boneysteele noted that Board Members had received a copy of the Minutes of the last meeting of the Advisory Committee on Solid Waste Re- cycling. He stated the Committee would next meet on July 10, 1972. GENERAL MANAGER-CHIEF ENGINEER APPROVAL OF PLANS AND SPECIFICATIONS FOR HOLDING BASIN, PHASE II, PROJECT AND AUTHORIZATION TO CALL FOR BIDS Mr. Dalton, Administrative Engineer, reviewed for Board Members the District's Holding Basin Project, Phase n. He indicated that the original o. t!" , 'í;- 0 f) 7- '.' .1..; l08 estimate for the project, including Phase I and II amounted to approximately $550,000.00 which is eligible for grant funds. Phase II cost is estimated at $263,950.00. After further explanation by Mr. Dalton, and discussion by Board Members, it was moved by Member Gibbs, seconded by Member Rustigian that Plans and Specifications for the Holding Basin, Phase II project be approved and that authorization to call for bids be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None Mr. Dalton presented Board Members with a copy of a staff memorandum relating to personnel matters. He also informed Board Members that rates for employee Blue Cross coverage had been raised. Mr. Dalton acknowledged receipt of a letter from the Municipality of Metropolitan Seattle, Washington, addressed to Member Rustigian, expressing appreciation for courtesies extended onfueir recent tour of District faci- lities. Mr. Dalton commented also on a contemplated tour of District faci- lities by representatives from the Environmental Protection Agency. Mr. Dalton reported on State regulatory agency and District action to seek relief in cash flow problems associated with Federal and State grant fund programs. He indicated that even if successful in its endeavors, the District would still have to resort to short term borrowing to finance the District's treatment plant expansion program. Mr. Dalton suggested that because of increasing administrative and financial reporting requirements imposed by the grant fund program, additional outside assistance may be required. Member Boneysteele expressed concern that an unforeseen cash flow deficit might occur and requested that a current detailed cash flow fore- cast be prepared, using outside assistance if necessary. COUNSEL FOR THE DISTRICT None. SECRETARY None. IX. ADJOURNMENT At 11:23 o'clock P.M., President Allan adjourned the meeting to July 27, 1972. /l ~cf,~.n/ President of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of Califomia COUNTERSIGNED: ~ !( £lCt~ Secretary of the District Board of the Central Contra Costa Sanitary District Œ Contra Costa County, State of Califomia 07 06 72