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HomeMy WebLinkAboutBOARD MINUTES 10-06-66 56 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD OCTOBER 6, 1966 The District Board of Central Contra Costa Sanitary District convened in a Regular Session at its regular place of meeting located at 1250 Spring- brook Road, Walnut Creek, County of Contra Costa, State of California, on October 6,1966, at 8:00 o'clock P.M. The meeting was called to order by President Gibbs. 1. ROLL CALL PRESENT: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs ABSENT: Members: None II. APPROVAL OF MINUTES Member Rustigian stated that he had voted "No" and had not abstained on the motion under "VII. NEW BUSINESS, CORRESPONDENCE FROM DESMOND G. KELLY, ATTORNEY, RE MI. DIABLO UNIFIED SCHOOL DISTRICT EASEMENT". The Minutes of the meeting of September 15, 1966, were approved subject to the above correction. III. APPROVAL OF EXPENDITURES Mr. Horstkotte, District Manager-Engineer, stated that it was necessary, in an emergency, to have a vaporizer installed on the propane gas tank at the Treatment Plant which cost $1,152.32. He requested authorization for a total of $1,500.00 to cover the cost of installation. It was moved by Member Mitchell, seconded by Member Rustigian, that $1,500.00 be authorized from Sewer Construction Funds for the installation of a vaporizer on the propane gas tank at the Treatment Plant. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None It was moved by Member Roemer, seconded by Member Rustigian, that the expenditures, as audited by the Auditing Committee and as submitted by the District Manager-Engineer, be approved, reference being specifically made to Sewer Construction Vouchers Numbers 60 to 77, inclusive, and Running Expense Vouchers Numbers 5366 to 5543, inclusive. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None IV. HEARINGS None. V. BIDS DISTRICT SEWERING PROJECT 1372 Bids on District Sewering Project 1372, opened at 2:00 o'clock P.M. this day, were as follows: 1. 2. 3. 4. 5. 6. Manuel G. Rodrigues J. & M., Inc. Joseph R. Ramos Prodanovich Inc. Vincent Rodrigues Construction, Inc. McGuire & Hester $47,042.95 48,863.50 53,345.00 55,325.50 56,137.33 56 143.50 , 10 06 66 57 7. 8. 9. 10. 11. 12. M.G.M. Construction Co. Fremont Pipeline Construction Co. Peter Cole Jensen, Inc. Jardin & Jardin Danvi11e Pipeline, Inc. Ernest E. Pestana, Inc. $58,151.85 59,235.50 59,658.00 59,815.10 62,669.60 83,467.86 Mr. Horstkotte, District Manager-Engineer, explained this was a State relocation job between Orinda Crossroads and Charles Hill Road overcrossing. He recommended award of contract to Manuel G. Rodrigues. It was moved by Member Mitchell, seconded by Member Rustigian, that the contract for District Sewering Project 1372, State Relocation Ut. 485.4, between Orinda Crossroads and Charles Hill Road overcrossing, be awarded to Manuel G. Rodrigues. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None VI. OLD BUSINESS CITY OF MARTINEZ ANNEXATION Mr. Bohn, Counsel for the District, stated that the Court was to make a final determination in the Martinez litigation on October 11,1966. Continued to October 20, 1966. Mr. Horstkotte, District Manager-Engineer, requested authorization to sign the necessary documents to obtain the Federal funds as soon as the Court gives a final judgment in favor of the District. Mr. Horstkotte stated that time is an important element due to the delay because of the litigation. Member Mitchell questioned Mr. Bohn about the chance of appeal. Mr. Bohn stated there could be no guaranty there would be no appeal but, in his judgment, he felt there would be none; it is a calculated risk. Member Mitchell asked if the decision in favor of the District was reversed and the Martinez annexation went to an election, how long would it take to complete the annexation. Mr. Bohn stated that it would probably cause a delay of about one to one and one-half years and, if the election failed, in accordance with the agree- ment the annexation would be off. Member Mitchell stated that making final application for funds would not be a final decision for use of the funds. It was moved by Member Roemer, seconded by Member Rustigian, that Mr. Horstkotte, District Manager-Engineer, be authorized to make final application for Federal funds if the Superior Court gives a final decision in favor of the District, subject to the approval of Mr. Bohn, Counsel for the District. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None SALARIES President Gibbs asked if the committee for review of salaries, Members Allan and Rustigian, was ready to report. Member Allan stated that the committee had met and studied the informa- tion supplied by the District staff and felt that a general across-the-board increase was not appropriate at this time. He stated that classifications 10 06 66 58 V, VI, VII and VIII the committee felt were not in line with salaries in the Bay area and that about a 3% increase adjustment was appropriate to get them into line. He stated this was not a cost of living or merit increase but a plain classification adjustment in critical areas as these classifications showed the greatest differential. President Gibbs stated that he had reviewed the information and, from his analysis, he felt it was a sound move. Member Allan stated the committee's recommendation was to make the adjust- ments effective as of July 1, 1966. Member Allan stated the committee would continue to study salaries and classifications until the end of the year with the help of the staff, and make recommendations as to salaries and classification adjustments at that time. President Gibbs and Member Mitchell stated that the analysis shows that the classifications V, VI, VII and VIII are running below competition. It was moved by Member Mitchell, seconded by Member Roemer, that the salary committee's report be accepted and approved and that salary adjustments, as recommended, be approved retroactive to July 1, 1966, and presented in Resolution form at the meeting of October 20,1966. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None Member Roemer commended the committee for its work and recommendations. VII. NEW BUSINESS AGREEMENT FOR EASEMENT FROM EAST BAY MUNICIPAL UTILITY DISTRICT Mr. Horstkotte, District Manager-Engineer, stated that the easement from East Bay Municipal Utility District was in the Moraga area and the cost to the District is $100.00. He recommended approval. It was moved by Member Roemer, seconded by Member Rustigian, that the President and Secretary be authorized to execute the agreement with East Bay Municipal Utility District for an easement in the Moraga area and payment of $100.00 be authorized. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None ACCEPTANCE OF EASEMENTS It was moved by Member Rustigian, seconded by Member Mitchell, that ease- ments from Mark B. Wilson, The Roman Catholic Bishop of Oakland, Harold B. Frybarger, Robert E. Clough, Lloyd Ghig1ieri, and Donald M. McFadin be accepted and their recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None RESOLUTION NO. 1610, APPOINTING DONALD R. ROBERTSON, UTILITY MAN (MAINTENANCE) Mr. Horstkotte, District Manager-Engineer, explained that this was a replacement for Richard Austin who left the District, and the job was provided for in the Budget. It was moved by Member Roemer, seconded by Member Rustigian, that Resolu- tion No. 1610 be adopted. Carried by the following vote: 10 06 66 59 AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None LETTER OF AGREEMENT FROM THE COUNTY BOARD OF SUPERVISORS RE SEWER SERVICE TO THE LAS TRAMPAS YOUTH VILLAGE IN BOLLINGER CANYON Mr. Horstkotte, District Manager-Engineer, stated the letter from the County Board of Supervisors to be approved by the President of the District Board covered all the conditions and agreements which had been previously approved by the District Board. It was moved by Member Allan, seconded by Member Rustigian, that the President be authorized to execute the letter agreement dated September 27, 1966, relative to the Las Trampas Youth Village in Bollinger Canyon. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None BOY SCOUTS' REQUEST TO USE THE BOARD ROOM FOR MEETINGS Mr. Horstkotte, District Manager-Engineer, stated that, with the burglar alarm system, letting others use the Board Room creates a problem for the District and said he would notify the Boy Scouts that it would not be con- venient for the District to allow use of the Board Room for their meetings. This met with the approval of Members of the District Board. ORINDA CROSSROADS PUMPING STATION SITE - SALE TO THE STATE OF A PORTION AND OFFSETTING PURCHASE Mr. Horstkotte, District Manager-Engineer, presented a map showing the parcel of property the State needed and would purchase from the District as a result of Bay Area Rapid Transit District work and the offsetting purchase to be made by the District from Mr. Philippi, owner of the Orinda Theater parking lot property. Mr. Horstkotte stated that Mr. Philippi had agreed to the sale at the same price the District was to receive from the State, $1,329.00. The property purchased is slightly smaller in size than the property sold. The State is to pay for relocating the fences; the District is to pay title insurance costs on the purchase and other minor incidental expenses. It was moved by Member Rustigian, seconded by Member Roemer, that the portion designated on the map of the Orinda Pumping Station to be sold to the State of California for $1,329.00 be approved and the parcel for purchase indicated on the map be purchased from Mr. Philippi for $1,329.00 from Sewer Construction funds; the District to pay title insurance on the purchase and other minor costs. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None RESOLUTION NO. 1611, AUTHORIZING EXECUTION OF UNITED STATES GOVERNMENT EASEMENT FOR YGNACIO CANAL CROSSING Mr. Horstkotte, District Manager-Engineer, stated this was the usual agree- ment for a canal crossing easement from the United States Government. It was moved by Member Mitchell, seconded by Member Rustigian, that Resolu- tion No. 1611 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None 10 06 66 60 MATTERS FROM THE FLOOR 1965-66 AUDIT REPORT AND NICHOLS BASIN STUDY President Gibbs stated the Board Members had been given copies of the 1965-66 Audit report and Nichols Basin study. RESOLUTION NO. 1609, A RESOLUTION COMMENDING MEMBER MITCHELL FOR HIS SIX YEARS AS PRESIDENT OF THE DISTRICT BOARD At the suggestion of President Gibbs, it was moved by Member Allan, seconded by Member Rustigian, that Resolution No. 1609 be adopted. Carried by the following vote: AYES: Members: Rustigian, Roemer, Allan and Gibbs NOES: Members: None ABSTAINING: Member: Mitchell ABSENT: Members: None VI II. REPORTS DISTRICT MANAGER-ENGINEER H. E. JOHNSON CONSTRUCTION CO. CLAIMS Mr. Horstkotte, District Manager-Engineer, presented three claims from Local Improvement District No. 44, H. E. Johnson Construction Co. Mr. McLennan, $443.28. Mr. Horstkotte stated the staff felt it was excessive and recommended 50% settlement. Mr. Bohn, Counsel for the District, asked about the insurance carrier for H. E. Johnson Construction Co. Mr. Horstkotte stated Johnson's insurance carrier had denied the claim. It was moved by Member Roemer, seconded by Member Rustigian, that an offer be made to settle the McLennan claim for 50%, or $221.64, to be charged to Local Improvement District No. 44. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None Mr. McCoy, $426.00. Mr. Horstkotte stated this was a justifiable claim and recommended settle- ment. It was moved by Member Rustigian, seconded by Member Allan, that the McCoy claim in the amount of $426.00 be paid and charged to Local Improvement District No. 44. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None Joanne McHenry, $400.00 Mr. Horstkotte stated this claim has been partially satisfied and the staff recommends $145.00 additional for full settlement. It was moved by Member Roemer, seconded by Member Rustigian, that $145.00 be offered Joanne McHenry in full settlement of her claim, to be charged to Local Improvement District No. 44. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None 10 Ora 0 66 6'" 1.. Mr. Bohn, Counsel for the District, stated that condemnation action was still pending against the McCoy's and that all settlements will require a full release in settlement. ATTENDANCE AT WATER POLLUTION CONTROL ASSOCIATION REGIONAL CONFERENCE Mr. Horstkotte requested authorization of $292.00 to send five employees from the Maintenance Department, two employees from the Treatment Plant, and President Gibbs to the Water Pollution Control Association Regional Conference on October 22, 1966, at Yuba City. It was moved by Member Rustigian, seconded by Member Roemer, that $292.00 be authorized to send five Maintenance Department, two Treatment Plant employees and President Gibbs to the Water Pollution Control Association Regional Conference October 22, 1966, at Yuba City. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None EXECUTIVE SESSION Mr. Horstkotte requested an Executive Session to discuss a personnel matter which cannot be made public at this time. President Gibbs called for an Executive Session. After reconvening the meeting, President Gibbs stated the Executive Session had to do with one employee, details of which would become public knowledge before the end of the month. BAY AREA RAPID TRANSIT DISTRICT TUNNEL PROJECT Mr. Horstkotte stated the Bay Area Rapid Transit District tunnel project was getting under way and in a few weeks he would plan a field trip. OUTFALL SEWER FLAP GATES Mr. Horstkotte stated the flap gates had been ordered for the Outfall line and on October 20, 1966, plans and specifications will be ready for the call for bids for the outfall modification work. COUNSEL FOR THE DISTRICT QUESTIONNAIRE Mr. Bohn, Counsel for the District, reported that answers had been received from the questionnaire sent to the various sanitary and sanitation districts by the California Sanitary & Sanitation Districts Association. LEGISLATIVE COMMITTEE AND KNOX COMMITTEE Mr. Bohn discussed at length with the District Board legislative matters and the Knox Committee, as related to special districts. EXECUTIVE SESSION Mr. Bohn requested an Executive Session to discuss the H. E. Johnson Construction Co. Local Improvement District No. 44 litigation. President Gibbs called for an Executive Session. President Gibbs reconvened to Regular Session. 10 06 66 62 IX. ADJOURNMENT At 10:25 o'clock P.M., the meeting was adjourned by President Gibbs to October 20, 1966. ~~ "- President of tHe District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: /-:> " ,,/-"" / '} ) ~.:.-~4~~" cretary of the District Board of Centr 1 Contra Costa Sanitary District of Contra Costa County, State of California 10 06 66