HomeMy WebLinkAboutBOARD MINUTES 10-06-66
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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
,
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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
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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:
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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
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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
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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.
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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
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