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HomeMy WebLinkAboutBOARD MINUTES 10-05-72 .lJj MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD OCTOBER 5,1972 The District Board of Central Contra Costa Sanitary District convened in a Regular Session at its regular place of meeting located at 1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on October 5, 1972, at 8:00 o'clock P.M. The meeting was called to order by President Allan. I. ROLL CALL PRESENT: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan ABSENT: Members: None II. APPROVAL OF MINUTES After comment by Mr. Dalton, Acting General Manager-Chief Engineer, and Member Mitchell, it was moved by Member Gibbs, seconded by Member Rustigian, that the Minutes of the meeting of September 28,1972, be approved after making the following corrections: Under "VII. NEW BUSINESS, MATTERS FROM THE FLOOR, AUTHORITY FOR COUNSEL FOR THE DISTRICT TO TRAVEL ON DISTRICT BUSINESS AT HIS DISCRETION", delete the penultimate sentence and insert the following: "Counsel for the District is requested to advise the Board by monthly status reports of activities." And under "VIII. REPORTS, ACTING GENERAL MANAGER-CHIEF ENGINEER", delete the penultimate sentence under paragraph 1 and insert the following: "Board Members and staff discussed the matter with interest being expressed on receiving comments and a permit from the Bay Area Air Pollution Control District for construction of the plant facility." And under "VIII. REPORTS, COUNSEL FOR THE DISTRICT", delete the sentence and insert the following: "Mr. Carniato, representing Mr. Bohn, Counsel for the District, reported on a District Quit Claim Deed matter involving an abandoned sewer on property owned by Miller and Facchini Investment Co. of Walnut Creek, California. The property in question is bounded by Cole Avenue, Locust Avenue, Civic Drive and North California in Walnut Creek. The Board provided guidance to Mr. Carniato in the matter." Motion changing Minutes of the meeting of September 28,1972, carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None III. APPROVAL OF EXPENDITURES After discussion by Board Members and staff regarding administrative pro- cedures to more readily reflect District and Employee contributions to the Em- ployee's retirement system and Social Security, and with staff requested to re- view the matter and report, it was moved by Member Rustigian, seconded by Member Gibbs, that the expenditures, as reviewed by the Expenditure Committee, and as submitted by the Acting General Manager-Chief Engineer, be approved, reference being specifically made to Sewer Construction Vouchers Numbers 1571 to 1597, inclusive, Running Expense Vouchers Numbers 15162 to 15315, inclusive, Payroll 10 05 72 ......'t Vouchers Numbers 2195 to 2314, inclusive, Local Improvement District No. 50 Con- struction Fund Vouchers Numbers 156 to 160, inclusive, and Local Improvement District No. 51 Construction Fund Vouchers Numbers 20 and 21. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None IV. HEARINGS None. V. BIDS 1. HYDRAULIC HY-VELOCITY SEWER CLEANER Mr. Dalton, Acting General Manager-Chief Engineer, reported that bids for the Hydraulic Hy-velocity Sewer Cleaner, opened at 2:00 o'clock P.M., this day, were as follows: 1. Southwest Flexible Co. $17,353.25 2. Roberts & Brune Co. 17,497.40 After explanation by Mr. Dalton, and upon his recommendation, it was moved by Member Gibbs, seconded by Member Mitchell, that award of bid for the Hydraulic Hy-velocity Sewer Cleaner be made to the lowest bidder, Southwest Flexible Co. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None V1. OLD BUSINESS 1. LOCAL IMPROVEMENT DISTRICT NO. 50 RESOLUTION NO. 72-51, A RESOLUTION AMENDING RESOLUTION NO. 72-48 BY CANCELLING THE TIME AND PLACE OF THE HEARING OF PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS, AND DIRECTING NOTICE, LOCAL IMPROVEMENT DISTRICT NO. 50 Mr. Dalton, Acting General Manager-Chief Engineer, introduced Vice Mayor John Sparacino of the City of Martinez, Mr. Calvin E. Monson, City Manager of the City of Martinez, Mr. John E. Waltz, City Attorney for the City of Martinez, and Mr. Samuel Satre, Director of Public Works for the City of Martinez. Mr. Monson addressed the Board and explained the background and rationale for the existing zoning in the City of Martinez. He noted that the City had recognized that the existing zoning required some revision and that action had been taken by the City to effect such revision, including employment of a con- sultant firm. Mr. Monson stated that the City, in cooperation with the District, was prepared to initiate an accelerated schedule to effect rezoning. The City therefore requested the Board to cancel its public hearing scheduled for Octo- ber 19, 1972, and defer definitive action on the matter for a period of ninety days in order to permit rezoning action by the City. Board Members, staff, Counsel for the District and representatives of the City of Martinez discussed the matter at length. Of concern was whether it was feasible for the City to complete action on zoning within the ninety day period and the additional costs that would accrue to the District in the event 'the hearing on October 19 was cancelled. After recognition that, in the event action by the City is not completed at the end of the ninety day period, the District may proceed with its assessment proceedings based on existent zoning, and realizing that the District will incur additional expense for the delay in assessment proceedings, such expense to be 10 05 72 included in the total assessment for Local Improvement District No. 50, it was moved by Member Gibbs, seconded by Member Rustigian, that Resolution No. 72-51 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None 1. a. PRESS RELEASE, LOCAL IMPROVEMENT DISTRICT NO. 50 Board Members, staff and representatives of the City of Martinez then reviewed a proposed press release announcing the action of the City and District. After joint agreement on certain amendments, it was moved by Member Gibbs, seconded by Member Mitchell, that the press release as amended be approved and its release authorized. Carried by the following vote: AYES: NOES: ABSENT: 2. Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None TREATMENT PLANT MODIFICATIONS Mr. Dalton, Acting General Manager-Chief Engineer, reported that the State of California had signed this date the contract with the District for a Grant for Clean Water for a $42,800,000 treatment plant modification. He provided Board Members with a copy of the contract and explained certain provisions imposed upon the District. Board Members, staff, Dr. David Caldwell and his associate, Mr. David Eisenhauer of Brown and Caldwell, District Engineering consultant firm, discussed these pro- visions with emphasis on meeting air pollution control requirements. Dr. Caldwell and Mr. Eisenhauer explained that the plant design did meet technical requirements for emission of pollutants but that difficulty was being experienced in obtaining formal approval and permit from Air Pollution Control Agencies. After discussion, it was moved by Member Mitchell, seconded by Member Boneysteele, that staff prepare an appropriate response for the President's signature requesting formal approval from the Air Pollution Control Agency. Carried by the following vote: AYES: NOES: ABSENT: 3. Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None HOLDING BASIN, SCHEDULE II Mr. Dalton, Acting General Manager-Chief Engineer, reported on the current status of plans and specifications for the Holding Basin, Schedule II. 4. ORDINANCE NO. , AN ORDINANCE AMENDING SECTION 12-104 OF THE CODE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT (50 LB. WEIGHT LIMITATION) After discussion by Board Members, staff and Mr. Bohn, Counsel for the District, it was the consensus of the Board that the item be removed from the agenda. 5. CONTRACT WITH CITY OF CONCORD FOR LIME SLUDGE RECYCLING PROJECT Mr. Dalton, Acting General Manager-Chief Engineer, reported the $220,000.00 cost for the lime sludge recycling project had been accepted by the State Water Resources Control Board as an eligible engineering design cost for the District's treatment and water reclamation plant expansion project. After discussion by Board Members, staff, Mr. Bohn, Counsel for the District, and Dr. David Caldwell of Brown and Caldwell, District engineering consultant firm, regarding the project, it was moved by Member Gibbs, seconded by Member Boneysteele, that, upon the recommendation of Counsel for the District, authorization for Mr. Dalton, Acting General Manager-Chief Engineer, to execute a contract with the City of Concord for implementation of the lime sludge recycling project be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None 10 05 72 1.,) 0 5. a. AUTHORIZATION FOR THE LIME SLUDGE RECYCLING PROJECT At the request of Mr. Dalton, Acting General Manager-Chief Engineer, it was moved by Member Gibbs, seconded by Member Rustigian, that the Board authorize the Lime Sludge Recycling Project. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: 5. b. CORRESPONDENCE FROM ENVIROTECH CORPORATION REGARDING PATENT LICENSE Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None After discussion by Board Members, staff, Mr. Bohn, Counsel for the District, and Dr. Caldwell, it was the consensus of the Board that staff prepare an approp- riate response for signature by the President indicating the matter is under con- sideration. 6. CONTRACT FOR SERVICES OF BARTLE WELLS AND ASSOCIATES After explanation by Mr. Bohn, Counsel for the District, that the contract previously authorized by the Board for the services of Bartle Wells and Associatès would be ready for signature on October 9,1972, it was moved by Member Boneystee1e, seconded by Member Gibbs, that authorization for Mr. Dalton, Acting General Manager- Chief Engineer, to execute a contract as approved by Counsel for the District for services by Bartle Wells and Associates, be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: 7. Boneystee1e, Gibbs, Mitchell, Rustigian and Allan None None WALNUT CREEK REDEVELOPMENT AGENCY At the request of Mr. Dalton, Acting General Manager-Chief Engineer, item was continued. 1. CONSENT ITEMS ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT VII. NEW BUSINESS After comment by Secretary Davis, it was moved by Member Rustigian, seconded by Member Mitchell, that easements from: Grantor Job No. Vincent J. Rusca, et al John W. Harkin, et ux Culver L. Williams, et ux Clovey La Croix, et ux Clifford C. Dutreaux, et ux Sidney A. Price Luster H. Golightly, et ux Benjamin C. Shaul, et ux Benjamin C. Shaul, et ux Glorietta Corp. 2177 2177 2154 2154 2154 2153 2153 2153 2153 2143 be accepted and their recording ordered. AYES: NOES: ABSENT: Members: Members: Members: 2. Parcel No. 1 2 4 5 10 14 18 20 21 1, 2 & 3 Carried by the following vote: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None CLAIM OF MRS. VIOLET LINDSAY IN THE AMOUNT OF $21.16 It was moved by Member Boneysteele, seconded by Member Mitchell, that the claim of Mrs. Violet Lindsay in the amount of $21.16 be paid, following receipt of Signed Release in Full Settlement and Compromise. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None 1 0 0 5 '7 2 J.::U EMPLOYEE HEALTH PLAN COVERAGE (KAISER FOUNDATION) (BLUE CROSS) 3. After explanation by Mr. Dalton, Acting General Manager-Chief Engineer, and discussion by Board Members regarding employee health plan coverage, including employees who have elected coverage by Blue Cross, it was moved by Member Boneystee1e, seconded by Member Gibbs, that Kaiser Foundation "s" plan coverage and Blue Cross coverage plan 2484 be authorized for employees of the District effective November 1, 1972. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Rustigian and Allan None None Mr. Dalton, Acting General Manager-Chief Engineer, was requested to determine eligibility requirements for participation in health plan coverage as provided by the District. 4. AUTHORIZATION OF $9,000.00 FOR SOIL ENGINEERING, TREATMENT PLANT After explanation by Mr. Dalton, Acting General Manager-Chief Engineer, that funds requested represent the best estimate of the amount required to complete design of the project, it was moved by Member Rustigian, seconded by Member Boneystee1e, that authorization of $9,000.00 from the Sewer Construction Fund for soils engineering, Treatment Plant, be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Rustigian and Allan None None 5. AUTHORIZATION FOR PRESIDENT AND SECRETARY TO EXECUTE AGREEMENTS RELATING TO REAL PROPERTY, SYSTECH FINANCIAl CORPORATION After explanation by Mr. Dalton, Acting General Manager-Chief Engineer, it was moved by Member Gibbs, seconded by Member Rustigian, that the President and Secretary be authorized to execute Agreements Relating to Real Property with Systech Financial Corporation. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Rustigian and Allan None None 6. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. 7. MATTERS FROM THE FLOOR a. APPRECIATION Board Members expressed appreciation to the staff for the manner in which Local Improvement District No. 50 proceedings were conducted. b. "MAMMOTH vs. MONO" DECISION Board Members, staff and Mr. Bohn, Counsel for the District, discussed the matter and its possible impact upon the District. c. DISTRICT ORDINANCE ON DISPOSAL SITES Mr. Bohn, Counsel for the District, reported that he had prepared cor- respondence advising interested parties of the Board's intention to consider the proposed District Ordinance on disposal sites at its meeting of October 26, 1972 . Board Members, staff and Mr. Bohn, discussed the matter, with Mr. Bohn being requested to prepare additional correspondence informing cities located within the District of the Board's intention to consider the matter at its meeting of October 26,1972. 10 05 72 -------------------------- 158 d. ATTENADANCE AT CALIFORNIA ASSOCIATION OF SANITATION AGENCIES' MEETING, NOVEMBER 3,4, 1972, FRESNO, CALIFORNIA After discussion on who would be able to attend the CASA meeting in Fresno, it was moved by Member Gibbs, seconded by Member Boneystee1e, that attendees be authorized payment for registration fees, travel and daily ex- penses. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Rustigian and Allan None None VIII. REPORTS 1. COMMITTEES a. PERSONNEL RESOLUTION NO. 72-52, A RESOLUTION APPOINTING JAMES A. ROBINSON AND CLARENCE SIDNEY, MAINTENANCE MAN I, RANGE 37-A Member Mitchell, Chairman of the Personnel Committee, noted that ap- plicants for the position of Maintenance Man I had not fully completed their application forms. After discussion by Board Members and staff, it was moved by Member Mitchell, seconded by Member Boneystee1e, that Resolution No. 72-52 be adopted subject to applicants completing District application forms. Car- ried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Rustigian and Allan None None b. NEGOTIATING COMMITTEE WITH CITY OF CONCORD Member Rustigian, Chairman of the Negotiating Committee, reported there had been no new developments since the last report. c. BAY AREA SEWER SERVICE AGENCY Member Gibbs, member of the Executive Committee for BASSA, presented a current status report. 2. ACTING GENERAL MANAGER-CHIEF ENGINEER a. After comment by Mr. Dalton and discussion by Board Members regarding a report by the District Auditor on petty cash procedures, item was continued. b. Mr. Dalton reported on status of contract with the sub-contractor for Local Improvement District No. 50. c. Mr. Dalton reported on the status of District Annexation No. 35 and No. 36 with the Local Agency Formation Commission. Discussion followed. d. After explanation by Mr. Dalton, and upon his request, it was moved by Member Rustigian, seconded by Member Gibbs, that an additional $5,000.00 from the Sewer Construction Fund for District Sewering contract with Peter Cole Jensen be authorized for two additional sections of replacement work, Newell Avenue East and Alhambra Avenue near Forest Way. Carried by the fol- lowing vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Rustigian and Allan None None 3. COUNSEL FOR THE DISTRICT None. 4. SECRETARY a. Mr. Davis reported on a meeting of the Contra Costans Against No. 14 which he had attended as District observer. 10 05 72 b. Mr. Davis reported on a financial matter involving a District garbage franchisee. 5. EXECUTIVE SESSION At 10:43 o'clock P.M., President Allan declared an executive session to discuss a personnel matter. At 10:51 o'clock P.M., President Allan reconvened the regular meeting. IX. ADJOURNMENT At 10:52 o'clock P.M., President Allan adjourned the regular meeting. ÚÞIæÄ-J President of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: E-ì¿ J1~Vv-^è\ Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 10 05 .l.J:1 72 ------------