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HomeMy WebLinkAboutBOARD MINUTES 01-18-73 0 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD JANUARY 18,1973 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 January 18, 1973, at 8:00 o'clock ,P.M. The meeting was called to order by President Rustigian. I. ROLL CALL PRESENT: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian ABSENT: Members: None II. APPROVAL OF MINUTES 1. MEETING OF DECEMBER 21,1972 To be continued. 2. MEETING OF JANUARY 4,1973 After comment by Member Mitchell concerning corrections to the Minutes of the meeting of January 4,1973, item was continued. III. APPROVAL OF EXPENDITURES None. IV. HEARINGS None. V. BIDS None. VI. OLD BUSINESS 1. DISCUSSION OF DRAFT ORDINANCE ON GARBAGE DISPOSAL SITES Mr. Bohn, Counsel for the District, reviewed for the benefit of Board Members and the audience, a letter dated January 9,1973, which he had for- warded to President Rustigian. In this letter, Mr. Bohn stated that he had communicated with appropriate representatives of the County requesting that the Board of Supervisors appoint a representative of the Sanitary District as ex-officio member to the County's Solid Waste Management Policy Committee. Secondly, that an ad hoc committee be formed to consider solid waste manage- ment in Central Contra Costa County with primary emphasis on disposal sites. Composition of the ad hoc committee is to consist of representatives of the County, City of Concord and Central San. Mr. Bohn then reported that Supervisor Alfred Dias had scheduled the first meeting of the County's Solid Waste Management Policy Committee for this date and that he,had attended the meeting. He reported that, upon his request, the Committee agreed to nominate to the Board of Supervisors a representative of the District to be appointed as ex officio member. In other action, the Committee agreed that three additional dump site opera- tors be recommended as ex officio members. All ex officio representatives are non-voting members. 01 :l8 73 ! .< 9 Concerning the, matter of the ad hoc committee, Mr. Bohn reported that Supervisor Dias had agreed to the formation of an ad hoc committee to study solid waste management for the central portion of the County with particular emphasis on disposal sites. Members to this committee to consist of Super- visor Dias and Mr. J. L. (Ben) Griffanti of Mt. View Sanitary District and representatives from the City of Concord, Acme Fill Corporation and Central San. Board Members discussed with Mr. Bohn his report in relationship to the District's draft ordinance on disposal sites. Mr. Bohn stated the next meeting of the County's Solid Waste Management Policy Committee was scheduled for 9:30 o'clock A.M., February 21,1973. Member Allan recommended that Member Boneystee1e be nominated as the District ex officio member to the Policy Committee. Member Boneysteele stated that his personal schedule favored evening meetings and, therefore, he thought it appropriate that an alternate representative be ~ominated. Member Mitchell agreed that District membership on the Policy Committee was desirable but suggested that adoption of the draft ordinance on disposal sites would be still appropriate. After discussion, it was moved by Member Allan, seconded by Member Gibbs, that Member Boneysteele be nominated as District ex officio member to the County Solid Waste Management Policy Committee with Member Allan as altern- ate representative. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None It was moved by Member Gibbs, seconded by Member Allan, that Member Allan be appointed as District representative to the ad hoc committee to be formed to review solid waste management and disposal in the central portion of the County with Member Boneystee1e to be alternate representative. Carried by the following vote: ' AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None Board Members, staff and Mr. Bohn, Counsel for the District, discussed the proposed draft ordinance as related to County action in formulating the Solid Waste Management Policy Committee and the ad hoc committee to be formed. Secretary Davis noted that interested agencies had not yet made any formal comment on the October 31, 1972, draft ordinance. Mr. Bohn stated there has been some doubt expressed regarding whether the District has the authority to adopt such ordinance in view of the existent County Ordinance on Solid Waste and the recently enacted Senate BillS on Solid Waste Management. President Rustigian invited members of the audience to address the Board. Mr. George Gordon, Attorney representing Acme Fill Corporation, reiter- ated his previously expressed opposition to the District adopting an ordinance regulating disposal sites. In response to query, Member Mitchell stated that the primary concern of the District is recycling of solid waste and that, in order to accomplish this, some form of control must be exercised over disposal sites. He indicated that he was not convinced that County control of disposal sites would foster solid waste recycling. Mr. David Levy, City Attorney, City of Concord, addressed the Board. He reiterated his previously expressed opposition to the District adopting the draft ordinance. He suggested that control of disposal sites should be ex- ercised by the County and not by a special district such as Central San. 01 18 73 .LV Board Members, staff, Counsel for the District, and Mr. Roger Bennett, Mt. View Sanitary District, discussed with Mr. Levy his comments to the Board and the purpose of the District Board in considering such an ordinance. After the discussion, it was the consensus of the Board to defer definitive action on the proposed draft ordinance until the first meeting in July, 1973. In the interim period, the Board would have the opportunity to review progress reports by the ad hoc committee to be formed to consider solid waste disposal for the central portion of the County. Item continued to July, 1973. 2. LOCAL IMPROVEMENT DISTRICT NO. 50 RESOLUTION NO. 73-2, A RESOLUTION AMENDING RESOLUTION NO. l876 AS AMENDED, "A RESOLUTION APPROVING MAP OF PROPOSED BOUNDARIES OF AS- SESSMENT DISTRICT", LOCAL IMPROVEMENT DISTRICT NO. 50 Upon explanation and recommendation of Mr. Jerry Laster ,of Wilson, Jones, Morton and Lynch, Special Counsel for the District, it was moved by Member Mitchell, seconded by Member Gibbs, that Resolution No. 73-2 be adopted. Carried by the following vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian NOES: Members: None ABSENT: Members: None I RESOLUTION NO. 73~3,IA RESOLUTION AMENDING RESOLUTIÒN NO. 1877 AS AMENDED, "A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS", LOCAL! IMPROVEMENT DISTRICT NO. 50 Upon explanation ~ndl recommendation of Mr. Jerry Laster of Wilson, Jones, Morton and Lynch, Special! Counsel for the District, it was moved by Member Mitchell, seconded by Member Gibbs, that Resolution No. 73-3 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None RESOLUTION NO. 73-4, A RESOLUTION REQUESTING CONSENT OF THE CITY COUNCIL OF THE CITY OF MARTINEZ TO A CHANGE IN THE BOUNDARIES OF ASSESSMENT DISTRICT, LOCAL IMPROVEMENT DISTRICT NO. 50 Upon explanation and recommendation of Mr. Jerry Laster of Wilson, Jones, Morton and Lynch, Special Counsel for the District, it was moved by Member Mitchell, seconded by Member Gibbs, that Resolution No. 73-4 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None RESOLUTION NO. 73-5, A RESOLUTION REQUESTING THAT THE COUNTY HEALTH OFFICER AND EX OFFICIO HEALTH OFFICER OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT RECOMMEND PROCEEDINGS UNDER APPROPRIATE SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS, OR OTHER APPROPRIATE PROCEEDINGS, FOR THE CONSTRUCTION OF A SANITARY SEWERAGE SYSTEM AND APPURTENANCES, AS NECESSARY AS A HEALTH MEASURE, LOCAL IMPROVEMENT DISTRICT NO. 50 Upon explanation and recommendation of Mr. Jerry Laster of Wilson, Jones, Morton and Lynch, Special Counsel for the District, it was moved by Member Mitchell, seconded by Member Gibbs, that Resolution No. 73-5 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None EXECUTIVE SESSION Mr. Laster commented on negotiations to settle the District's contract with Engineering Installations, Inc., for Local Improvement District No. 50. 01 18 73 J.J Upon his recommendation, at 8:58 o'clock P.M., President Rustigian declared an Executive Session to discuss a matter of possible litigation. At 9:36 o'clock P.M., President Rustigian reconvened the regular meeting. It was moved by Member Gibbs, seconded by Member Boneystee1e, that Mr. Laster be authorized to proceed with contract settlement negotiations with Engineering Installations, Inc., for Local Improvement District No. 50 based upon parameters established by the Board. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None In response to query, Mr. Horstkotte, General Manager-Chief Engineer, stated staff would prepare memoranda regarding Local Improvement District No. 50 assessment proceedings for Board Members' preliminary perusal in February with the public hearing scheduled for March 15,1973. 3. FINANCIAL PLANNING Mr. Dalton, Deputy General Manager-Chief Engineer, explained to Board Members the financial plan which he had prepared. He then introduced Mr. Raymond O'Neil of Bartle Wells and Associates, the District's financial consultant firm. Mr. O'Neil proceeded to furnish Board Members with a verbal preliminary report on the parameters of a financial plan necessary to finance the District's treatment and water reclamation plant expansion project for the period 1973 through 1984. He indicated his study had been completed independently of that prepared by Mr. Dalton and that essentially the District faced a cash flow and manage- ment of cash problem and which would have to continue to reflect the latest changes in the project, i.e. escalation costs and new level of grant support. . He stated that District total sources of revenue were adequate to meet the District's obligations except for the cash flow problem wherein he had projected a need to resort to short term borrowing of approximately $6;000,000.00 with repayment commencing in 1979. He indicated that, by 1979-1980, District revenue should exceed costs and that, by 1980, a favorable cash position should exist. Mr. O'Neil then explained the Waste Water Capital Improvement Fund wherein the District is required to annually set aside depreciation funds in excess of capital expenditures. An appro~imate depreciation rate of 4 per cent on plant and 2 per cent on sewage trunk lines had been used by Dalton and Bartle Wells. He indicated current annual depreciation amounted to approximately $250,000.00 and that this amount will increase to approximately $3,800,000.00 on an annual basis. He indicated that this should not be a problem for the District because it has adequate sources of revenue. Board Members and staff discussed with Mr. O'Neil various aspects of his report clarifying certain points. After indication by staff that short term funding should commence by March, 1973, it was the consensus of the Board that the District's engineering consultant firm, Brown and Caldwell, should proceed in its plant design and that modifications to this design should not be instituted until the District has received bids on the project. President Rustigian expressed to Mr. O'Neil the appreciation of the Board Members for his report. 01 18 73 II 4. PLEASANT HILL RECREATION AND PARK DISTRICT As no representative from the Pleasant Hill Recreation and Park District was present in the audience, item was continued. 1. CONSENT ITEMS None. 2. VII. NEW BUSINESS CLAIM OF MR. WILLIAM RUSSELL IN THE AMOUNT OF $31.75 After comment by Member Gibbs, regarding installation of an overflow device, it was moved by Member Boneysteele, seconded by Member Gibbs, that the claim of Mr. William Russell in the amount of $31.75 be paid following receipt of a signed Release in Full Settlement and Compromise. Carried by the following vote: AYES: NOES: ABSENT: 3. Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None CLAIM OF JOHN S. LANCASTER IN THE AMOUNT OF $124.20 It was moved by Member Boneystee1e, seconded by Member Gibbs, that the claim of John S. Lancaster in the amount of $124.20 be paid following receipt of a signed Release in Full Settlement and Compromise. Carried by thefol- lowing vote: AYES: NOES: ABSENT: 4. Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None CLAIM OF MRS. ORVILLE DIXON IN THE AMOUNT OF $l26.65 It was moved by Member Gibbs, seconded by Member Boneysteele, that the claim of Mrs. Orville Dixon in the amount of $126.65 be paid following receipt of signed Release in Full Settlement and Compromise. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None AUTHORIZATION OF $720.00 PLUS TRANSPORTATION AND REGISTRATION FOR CALIFORNIA WATER POLLUTION CONTROL ASSOCIATION ANNUAL CONFERENCE, MAY 9-12,1973, SAN DIEGO 5. After discussion by Board Members and staff regarding staff attendance at the conference and with Mr. Horstkotte, General Manager-Chief Engineer, indicating he.did not plan to attend, it was moved by Member Allan, seconded by Member Gibbs, that four staff personnel be authorized to attend and that personnel attending be authorized per diem, transportation and registration fees. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None 6. AUTHORIZATION OF $58.00 PLUS TRANSPORTATION FOR WATER POLLUTION CONTROL FEDERATION ASSOCIATION WORKSHOP, FEBRUARY 8, 1973, LOS ANGELES' It was moved by Member Gibbs, seconded by Member Allan, that a staff re- presentative be authorized to attend the Water Pollution Control Federation Association Workshop in Los Angeles, February 8,1973, with authorizatioh for per diem, transportation and registration fees. Carried by the following vote: AYES: NOES: ABSENT: 01 18 Members: Members: Members: 73 Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None J.j 7. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. VIII. REPORTS 1. COMMITTEES a. BAY AREA SEWAGE SERVICE AGENCY Member Gibbs, Member of the Executive Committee, BASSA, reported on a January 17,1973, meeting of BASSA. He stated that Mr. Paul Soltow, newly appointed General Manager, was making rapid progress in the development of organizational charts and job descriptions, and that BASSA would soon be in a position to employ personnel. Member Gibbs reported on BASSA's Planning Committee plans and schedule indicating that it is the present intention to develop a BASSA water pollu- tion control plan for the Bay Area. b. ADVISORY COMMITTEE ON SOLID WASTE RECYCLING Board Members discussed briefly the progress of the Committee. c. PERSONNEL (1) Member Mitchell, Chairman of the Personnel Committee, reported that a requirement exists for a clerical position and, after explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Mitchell, seconded by Member Boneysteele, that authorization to call for oral and writ- ten examination for the position of Receptionist-Clerk be approved. Carried by the following vote: AYES: Members: NOES: . Members: ABSENT: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None (2) Member Mitchell, Chairman of the Personnel Committee, reported that the Committee was not prepared to present a positive recommendation on a pro- posed job classification for the Deputy General Manager-Chief Engineer. 2. GENERAL MANAGER-CHIEF ENGINEER a. RESOLUTION NO. 73-6, A RESOLUTION DECLARING AN EMERGENCY IN NEEDED REPAIRS ON LINE "E" AT MORAGA AND AUTHORIZING A NEGOTIATED CONTRACT TO CORRECT SAID EMERGENCY After explanation by Mr. Horstkotte concerning the circumstances and extent of the repairs required to Line E, Moraga, it was moved by Member Gibbs, seconded by Member Boneysteele, that Resolution No. 73-6 be adopted. Carried by the fol- lowing vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None b. Mr. Horstkotte reported that the Environmental Protection Agency had accepted the District's application for 75 per cent grant funds with the State of California contributing an additional 5 per cent for the District's treatment plant expansion project. Mr. Horstkotte indicated that the District would receive monthly progress payments after a three month maximum time lag. He further reported intention to go to bid on the project as soon as possible after final approval of plans and then reported that the Division of California Highways had authorized inclusion of the frontage road crossing the District's treatment plant in the District's contract. Mr. Horstkotte anticipated going to bid by April 15, 1973, with award being made in June, 1973, to a single contractor for road and plant. 01 18 73 14 c. Mr. Horstkotte reported on a personnel humanitarian problem involving Mrs. Eileen Heidenreich who is seriously ill and who has exhausted her sick leave entitlement. After discussion by Board Members, it was moved by Member Allan, seconded by Member Mitchell, that authorization to extend the sick leave of Mrs. Eileen Heidenreich until July 31, 1973, providing that the excess of leave so used will not exceed the amount of vacation leave being transferred by employees to her account, be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None d. Mr. Horstkotte reported that District Sewering Project 1957 (Rahn Court, Walnut Creek) was complete except for property clean-up. Pavement of the street is scheduled for 1974. e. Mr. Horstkotte reported that the contractor for District Sewering Project 1926, Acacia Drive, Orinda, was working on installing the wet well for the pump site. He indicated that 75 per cent of the pipe has been in- stalled. In response to query, Mr. Horstkotte reported that there had been no bypass of waste water due to storm drainage. 3. COUNSEL FOR THE DISTRICT a. Mr. Bohn reported that he had subscribed on behalf of the District to a legislative information service which would cost $400.00 per year plus postage. He explained that this service was essential and that he planned to allocate two days per month in Sacramento on District business. b. Mr. Bohn report~d that Governor Reagan had formed three special task forces to deal with taxes and the economy, criminal procedure and local governm~nt. He indicated that the latter would have possible impact upon the District. He indicated that he would submit a written report on the matter in the near future. c. Mr. Bohn reported on the method adopted by the Board of Supervisors to designate Members for the Alameda County Solid Waste Management Committee. He' stated that he had been appointed a member of the Alameda Committee. d. Mr. Bohn suggested that the General Manager-Chief Engineer notify, as soon as possible, Mr. Alfred Dias of the Board's action in nominating Member Boneysteele as ex officio member to the County's Solid Waste Manage- ment Policy Committee with Member Allan alternate, and also appointing Member Allan member to the ad hoc Committee on solid waste disposal with Member Boneystee1e alternate. 4. SECRETARY a. Mr. Davis reported receipt of communication from the City Manager, City of Lafayette, indicating the possibility that the City Council of Lafayette may wish to exercise franchise commitments for the collection of refuse in the City of Lafayette, vice the Sanitary District. b. Mr. Davis noted 'that a congratulatory letter had been sent by Mr. Horstkotte, General Manager-Chief Engineer, to Mr. Paul Soltow in recognition of his appointment as General Manager of the Bay Area Sewage Service Agency. c, Mr. Davis noted Board Members had received a proposed draft reply to a communication from Mr. Raymond L. Horton regarding garbage rate in- creases recently authorized by the Board for residents serviced by Orinda/ Moraga Disposal Service, Inc. After comment by Member Mitchell and discussion by Board Members, Mr. Davis was requested to revise the draft reply for signature by Presi- dent Rustigian. 01 18 73 IX. MATTERS FROM THE FLOOR None. X. ADJOURNMENT 15 At 10:54 o'clock P.M., President Rustigian adjourned the regular meeting to January 25,1973. COUNTERSIGNED: 'é~ /<1 J)(ýh ~ Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 4,~ rict oard of the Sanitary District of State of California 01 18 73