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HomeMy WebLinkAboutBOARD MINUTES 09-06-73 1.82 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD SEPTEMBER 6,1973 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 California, on September 6,1973, at 8:00 o'clock P.M. The meeting was called to order by President Rustigian. I. ROLL CALL PRESENT: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian ABSENT: Members: None II. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF AUGUST 16, 1973 After comment by Member Gibbs and Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Mitchell, seconded by Member Allan, that the Minutes of the Meeting of August 16, 1973, be approved after making the following corrections: Under "VI. OLD BUSINESS, 1. LOCAL IMPROVEMENT DISTRICT NO. 54, ENVIRONMENTAL IMPACT REPORT, LOCAL IMPROVEMENT DISTRICT NO. 54 SCHEDULE 2", delete the 1st paragraph and insert the following: President Rustigian noted that written comments received regarding Schedule 2 had been incorporated in the Environmental Impact Report and with staff making response to each comment, with the exception of corres- pondence received after expiration of the 40-day review period from Mary M. McIntyre, 528 Clipper Hill Road, Danville, California. Board Members acknowledged comments by Mrs. McIntyre opposing the EIR, Schedule 2." Under "VIII. REPORTS, l. GENERAL MANAGER-CHIEF ENGINEER, d.", de.lé:t:e the last sentence of the first paragraph and insert the following: "He stated the pumps would be incorporated in the final engineering design for the Buchanan Field Stations and would be paid by the user." Motion, correcting the Minutes of the Meeting of Åugust 16, 1973. , carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 2. MINUTES OF THE MEETING OF AUGUST 23, 1973 After comment by Member Gibbs, it was moved by Member Boneysteele, seconded byMemb~r Mitchell, that the Minutes of the Meeting of August 23, 1973, be approved after making the following correction: Under "VIII. REPORTS, 4. COMMITTEES", insert the word "tentatively" after the word "BASSA" in the first sentence of the last paragraph. Motion correcting the Minutes of the Meeting of August 23, 1973, carried by the following vote: AYES: NOES: ABSENT: Members: Members: Memb ers : Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 09 06 ,73 183 III. APPROVAL OF EXPENDITURES It was moved by Member Gibbs, seconded by Member Allan that the expenditures as reviewed by the Expenditure Committee, and as submitted by the General ~~nager-Chief Engineer, be approved, reference being specifically made to Sewer Construction Vouchers Numbers 1871 to 1928, inclusive, Running Expense Vouchers Numbers 15858 to 17041, inclusive, Local Improvement District No. 50 Construction Fund Voucher Number 190 and Payroll Vouchers Numbers 3512 to 3655, inclusive. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None IV. HEARINGS 1. ENVIRONMENTAL IMPACT REPORT, LID NO. 54, SCHEDULE 2 President Rustigian stated that the Board of Directors had decided to reopen the public hearing previously held on August 16,1973, on Environmental Impact Report. Local Improvement District No. 54, Schedule 2, to ensure all parties interested in the report would have ample opportunity to express their views on the report. President Rustigian then formally reopened the hearing on EIR, LID No. 54, Schedule 2. Member Mitchell proposed that as a "pre-condition" for approval of Environmental Impact Report, Local Improvement District No. 54, Schedule 2, the work and code specifications for the Schedule 2 area specify installation of a majority of 6-ipch sewer lines and that use of these lines be restricted solely to property owners of the Local Improvement District No. 54, Schedule 2 area and to future public users that may wish to connect to the system. It was moved by Member Mitchell, seconded by Member Gibbs, that as a pre-condition for approval of the Environmental Impact Report, Local Improvement District No. 54, Schedule 2, work and code specifications specify majority installation of 6-inch sewer lines and that use of these lines be restricted solely to property owners of Local Improvement District No. 54, Schedule 2 area, and to future public users that may c~nnect to the sewer system. ' , Prior to polling of Board Members, discussion of Member Mitchell's motion followed. Mr. Manfred Lindner, 32 Corte Nogal, Danville, California, Mrs. Joan de Bellis, 231 Kuss Road, Danville, California and Mr. Donald C. Anderson, 511 McBride Drive, Lafayette, ,California, queried the Board for clarifi- cation of the motion made by Member Mitchell and seconded by Member Gibbs. After explanation and clarification by Board Members and staff regarding District policy on rebates and code requirements on size of sewer lines, President Rustigian asked that the Board Members be polled on the Motion before the Board. Motion made by Member Mitchell and seconded by Member Gibbs, carried by the following vote: AYES: 'NOES: ABSENT: Members: Memb ers : Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None Mr. James Carniato, Acting Counsel for the District, stated that the "pre-condition" for approval of the Environmental Impact Report, Local Improvement District No. 54, Schedule 2, should be incorporated in the final Environmental Impact Report. 09 06' 73 184 Mr. Jerry Laster, Wilson, Jones, Morton & Lynch, Special Counsel for the District, stated that prior to official adoption by the Board of Environmental Impact Report. Local Improvement District No. 54, Schedule 2, all comments on Schedule 2, including the just approved "pre-conditions", should be incorporated in the final ErR along with staff response. President Rustigian invited comments from the audience. Mr. Manfred Lindner addressed the Board and stated that he was not a resident of LID No. 54, Schedule 2 area but spoke as an interested person. Mr. Lindner stated that through cooperation of District staff, he had inspected installation of 6 and 8 inch sewer lines in terrain similar to the Schedule 2 area and was personally convinced that instal- lation of sewer lines would not cause lasting or irreparable damage to the Schedule 2 area. Mr. Lindner commented that he had reviewed the ErRS, LID No. 54, Schedules land 3, and that, except for minor points, they were almost identical with Schedule 2. Mr. Lindner inquired if this , similarity of EIRs violated the law or its intention. Members Boneysteele and Mitchell and Mr. Laster responded to Mr. Lindner's comments with Mr. Laster stating that District Ordinance provides for similarity in the preparation of EIRs. Mr. Lindner then offered critical comments regarding pages 9 and 27 of EIR, Schedule 2, and made reference in his comments to Articles 9 and lO, Sections l5143g (The Growth-Inducing Impact of the Proposed Action) and 15164 (Public ParticipatioN of the California Environmental Quality Act of 1970. He indicated that he had been unaware of the Board's meeting on August 16,1973, when the Board held its public hearing on EIR, Schedule 2. He was, however, notified by staff of the meeting this date. Mrs. Joan deBellis commented that she also had received no notification of the public hearing held on August 16,1973, for the EIR, Schedule 2. After discussion by Board Members and staff, staff was requested to implement as a policy of the Board, appropriate administrative procedures to ensure that all interested persons concerned with EIRs receive advance notification of proposed hearings on EIRs. Mr. L. T. David, P. O. Box 656, Danville, California, commented that the EIR, Schedule 2, does not contain reference to quality of work that must be performed in order 'to adequately preserve the environment. Board Members and staff discussed the comments by Mr. David with reference to incorporating District work specifications where appropriate in EIRs. In response to query by Mr. Tony deBellis, 23l Kuss Road, Danville. California, Mr. Laster stated that the District was required to post and publish notice of public improvements twenty days in advance of a scheduled public hearing. Mr. Horstkotte then explained for the benefit of Mr. deBellis the District's Water Reclamation and Treatment Plant Project. Mary McIntyre, 528 Clipper Hill Road, Danville, California, addressed the Board and stated that she was opposed to the installation of sewers in the LID No. 54, Schedule 2 area, because they would foster further development and cause an adverse effect on animals and the environment. , Mr. David Bullock, l360 Pine Tree Drive, Alamo. California, stated that he owned property in the LID NO. 54, Schedule 2 area. and that he supported the installation of sewers. Mr. H. L. Leichter, l5l5 Cervato Drive, Alamo, California, stated that she owned property in the Schedule 2 area, and that she supported the installation of sewers. 09 06 73 185 Mr. Jack Van Zanten, 100 Oak View Terrace, Danville, California. stated that he owned property in the Schedule 2 area, and that in 1969, after being granted a temporary septic tank permit, he had originally supported the installation of sewers in the area. However, he was now opposed. Mr. Van Zanten objected to the number of units of assessment assigned to his parcel and suggested installation of private sewage systems to service the area vice a public system which would foster further development of the area. Discussion followed with participation by Mr. Van Zanten, Mr. Gene Green, County Health Department, Mr. Carniato, Mr. Laster, and Board Members regarding the comments by Mr. Van Zanten and also discussion of zoning procedure of property by the County. deed restrictions on splitting of parcels and the Health Department's determination that a health hazard exists in the Schedule 2 area. Mr. Laste~ explained for the benefit of Mr. deBellis, that if the Health Officer determines that a health hazard exists. the District Board by 4/5 affirmative vote', can override all protests and proceed with installation of sewers to alleviate a health hazard. Mr. Horstkotte noted that, historically, the District Board, as a matter of policy, has required signed petitions from at least 60% of the property owners requesting sewer service before the District would proceed with instal- lation of sewers. Discussion followed with participation by Mr. Lloyd Plath, 228 Kuss Road, Danville, California, Mr. Gene Green, Mrs. McIntyre, Mr. Van Zanten, Mr. Anderson, Mr. Bullock, Mr. Horstkotte, and Board Members regarding the Health Officer's determination that a health hazard exists in the area, how such determination was made and how many septic tank failures actually existed in the Schedule 2 area. Mr. Don Anderson stated that he owned an undeveloped parcel in the Schedule 2 area and that he supported the installation of sewers. Mr. Anderson then expressed concern regarding number of units of assessment assigned his parcel. Discussion followed regarding alternative assessment methods and proceedings with President Rustigian stating that the matter of assessment proceedings for LID No. 54 is a matter for consideration at the public hearing scheduled for September 20,1973. In response to query by Mr. Frank Ziskind, Jr., P. O. Box 263, Danville, California, representing his mother, Mr. Gene Green explained Health Depart- ment methods for determination of sewage line and septic tank failures. Mr. Laster and Mr. Horstkotte stated that staff would review the comments made this date by persons in the audience and prepare appropriate response by staff for inclusion in the EIR, LID No. 54, Schedule 2. After expression of appreciation for the comments received from persons in the audience, it was the consensus of the Board to continue the EIR, LID No. 54, Schedule 2. to the meeting of September 20, 1973~ At 9:46 o'clock, P.M., President Rustigian closed the hearing and then recessed the meeting. At 9:55 o'clock, P.M., President Rustigian reconvened the meeting. V. BIDS 1. LOCAL IMPROVEMENT DISTRICT NO. 50 RESOLUTION NO. 73-96, A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONDS, LOCAL IMPROVEMENT DISTRICT NO. 50, $301,481.76 IMPROVEMENT BONDS, SERIES LOCAL IMPROVEMENT DISTRICT 50 - 1973-l After explanation by Mr. Laster, Wilson, Jones, Morton and Lynch, Special Counsel to the District, it was moved by Member Gibbs, seconded by Member Mitchell, that Resolution No. 73-96 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Memb ers : Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 0 9 06 73 186 LOCAL IMPROVEMENT DISTRICT NO. 50 - BONDS Mr. Horstkotte, General Manager-Chief Engineer, reported that bids for Local Improvement District No. 50 Bonds, opened at 2:00 o'clock, P.M. this day were as follows: Bidder Net Effective Interest Rate Dain, Kalman & Quail Gibralco, Inc. Juran & Moody. Inc. Stone & Youngberg Stern-Brenner MuniciCorp of California 5.7975% 5.8395% 5.8602% 5.9789 % 6.1250% 6.l9l7% RESOLUTION NO. 73-97, A RESOLUTION APPROVING STATEMENT AND NOTICE OF SALE AND AWARDING SALE OF BONDS CENTRAL CONTRA COSTA SANITARY DISTRICT LOCAL IMPROVEMENT DISTRICT NO. 50, $301,481.76 IMPROVEMENT BONDS OF 1973, SERIES LOCAL IMPROVEMENT DISTRICT 50 - 1973-l Upon the recommendation of Mr. Laster, Special Counsel to the District, that award of sale of Local Improvement District 50 Improvement Bonds be made to the lowest bidder, Dain, Kalman & Quail, it was moved by Member Allan seconded by Member Gibbs, that Resolution No. 73-97. be adopted. Carried by the following vote: AYES: NOES: AB SENT: Me.mhers:: Memb,ers.: Members;: Bone.ysteele, Gibbs, Mitchell, Allan and Rustigian None None RESOLUTION NO. 73-98, A RESOLUTION DETERMINING THAT THE ISSUANCE OF SUBDISTRICT BONDS IS NOT SUBJECT TO PRIOR INVESTIGATION REPORT AND APPROVAL BY CALIFORNIA DISTRICT æCURITIES COMMISSION, CENTRAL CONTRA COSTA SANITARY DISTRICT, LOCAL IMPROVEMENT DISTRICT NO. 50 It was moved by Member Boneysteele, seconded by Member Mitchell, that Resolution No. 73-98 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None RESOLUTION NO. 73-99, A RESOLUTION RESCINDING RESOLUTION NO. 73-79, A RESOLUTION OF INTENTION TO PROVIDE FOR THE ISSUANCE OF SERIAL BONDS PROVIDING A PREPAYMENT PREMIUM TO REPRESENT UNPAID ASSESSMENTS AGAINST PUBLICLY OWNED OPERATIVE PROPERTY, LOCAL IMPROVEMENT DISTRICT NO. 50 After explanation by Mr. Laster, Special Counsel to the District, it was moved ~y Member Boneysteele, seconded by Member Gibbs. that Resolution No. 73-99 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Memb ers : Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 2. DISTRICT SEWERING PROJECT 2368, ACCESS ROAD TO TUNNEL WEST PORTAL. ORINDA Mr. Horstkotte, General Manager-Chief Engineer, reported that bids for District Sewering Project 2368, Access Road to Tunnel West Portal, Orinda, opened at 2:00 b!cloG:k,PóM'~, this day, were as follows: Peter Cole Jensen, Inc. McGuire & Hester Gallagher & Burk Inc. $ 7,835.00 $ 9, 889 .00 $l3, 200 .00 09 06 73 187 Upon the recommendation of Mr. Horstkotte, it was moved by Member Boneysteele, seconded by Member Gibbs, that award of District Sewering Project 2368, Access Road to Tunnel West Portal, Orinda, be made to the lowest bidder, Peter Cole Jensen, Inc. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 3. HOLDING BASIN, SCHEDULE II, JOB 2032 Mr. Horstkotte, General Manager-Chief Engineer, reported that bids for Holding Basin - Schedule II, Treatment Plant, Job 2032. received on August 16, 1973, had been reviewed and approved by the State and Environmental Protection Agency. The bids were as follows: ' W. R. Thomason, Inc. Peter Cole Jensen, Inc. McGuire and Hester Peterson-Simpson $286,136.60 304,450.00 325,556.30 359,158.00 Upon recommendation of Mr. Horstkotte, it was moved by Member Boneysteele, seconded by Member Gibbs, that award of bid for Holding Basin Schedule II, Treatment Plant, Job 2032, be made to the lowest bidder, W. R. Thomason, Inc. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele. Gibbs, Mitchell, Allan & Rustigian None None VI. OLD BUSINESS 1. CONSOLIDATION STUDY - CITY OF CONCORD Mr. Horstkotte, General Manager-Chief Engineer, reported that the District had received no response as yet from the City of Concord in regard to the District's contract proposal for the treatment of effluent from the City of Concord. Board Members and Mr. Horstkotte discussed the District's contract proposal and agreed to schedule the next meeting between officials from the City of Concord and the District's negotiating committee at the District's offices. Item continued. 2. COUNTY WATER QUALITY CONTROL STUDY Mr. Horstkotte, General Manager-Chief Engineer, reported that staff had held several meetings with representatives from the County and that a further meeting was scheduled for September 7, 1973, with representatives from the County, the cities of Pittsburgh and Antioch, and Mr. J. B. Gilbert. J. B. Gilbert and Associates, Engineering Consultant to the District. Item continued. 3. BOLLINGER DETACHMENT (1700 ACRES) Mr. Horstkotte, General Manager-Chief Engineer, reported that the Local Agency Formation Commission had deferred action on the Bollinger Detachment for one month. Item continued. 4. ANNEXATION OF BRYAN RANCH, DANVILLE AREA Mr. Dalton, Deputy General Manager-Chief Engineer, noted that Board Members had received a copy of correspondence dated August 29,1973, from Mr. Norman L. Halverson, Planner IV, Current Planning Division, Contra Costa County Planning'Department, which referred to delineation of "Open Space" as it affects development of Bryan Ranch (Devil Mountain) by the Ohio Equities Company 09 06 73 188 Mr. Dwight Pate. representing the Bryan Ranch Development. addressed the Board and utilizing a map, defined the scope and plans for the develop- ment of the Bryan Ranch Property. Mr. Pate stated it was planned to develop 685 units on the 625 acres which would include a golf course, an equestrian center and several lakes. Mr. Pate indicated that approximately l59 acres, or 26% of the property would be developed. Property designated as "Open Space" would be owned in common by a home-owner's association. Mr. James Carniato, Acting Counsel for the District, Board Members and Mr. Pate discussed the proposed plans for development of the Bryan Ranch property with particular emphasis on defining specific boundaries of the property to be annexed to the District in order to exclude those areas designated as "Open Space." After discussion, it was moved by Member Mitchell, seconded by Member Allan. that annexation of the Bryan Ranch property be accepted and that specific boundaries of the area to be annexed will be further defined for review and approval by the Board. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs. Mitchell, Allan and Rustigian None None 5. DISTRICT SEWERING PROJECT 2100 RUDGEAR ROAD Mr. Horstkotte, General Manager-Chief Engineer, reported that after consultation with Mr. Bohn, Counsel for the District, and Mr. Carniato, Acting Counsel for the District, staff recommended approval of a contract. Change Order No.5, authorizing a 23 working day extension of time at a total cost not to exceed $l,500.00 plus fees to A. P. Pipeline Company in order to complete District Sewering Project 2100 Rudgear Road. Mr. Horstkotte and Board Members discussed the difficulties encountered regarding completion of the Rudgear Road Sewering Project and the work performance by ,the District's contractor, A: P. Pipeline Construction Company. After discussion, it was moved by Member Gibbs, seconded by Member Boneysteele that authorization for the District Engineer to execute Change Order No.5 to A. P. Pipeline Construction Company for District Sewering Project 2100, Rudgear Road be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian Members:' None Members: None VII. NEW BUSINESS 1. CONSENT ITEMS: a. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT I t was moved by Member Gibbs, seconded by Member Allan that easements from: Grantor Job No. Parcel No. C. C. Grube, et ux H. M. Sage. et ux 2154 2155 8R-l 2R-l be accepted and that their recording ordered. vote: Carried by the following AYES: __Members :-. Boneysteele~,_Gibbs~Mi.tehe~l+:"'Allal'Le.md:.:Rus~igian NOES: .._,Memb ers : None ABSENT: Members: None 09 06 73 189 b. AUTHORIZE EXECUTION OF QUIT CLAIM DEEDS: It was moved by Member Gibbs, seconded by Member Allan that the President and Secretary be authorized to execute Quit Claim Deed to: Grantee Job No. Parcel No. G. C. Grube, et ux East Bay Municipal Utility Dist. H. M. Sage, et ux 2154 2100 2l55 8 3 2 Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None c. AUTHORIZE EXECUTION OF CONSENT TO DEDICATION (SHORT FORM) TO CONTRA COSTA COUNTY, LOCAL IMPROVEMENT DISTRICT 24, TRACT NO. 51-73, PARCEL 48 It was moved by Member Gibbs, seconded by Member Allan, that the President and Secretary be authorized to execute Consent to Dedication (Short Form) to Contra Costa County, Local Improvement District No. 24, Tract No. 51-73, Parcel 48. Carried by the following vote: AYES: NOES: ABSENT : Memb ers : Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None CONFIRM "ASSES SMENT DIAGRAM(S)" AND AUTHORIZE RECORDING OF SAID DIAGRAM(S) d. It was moved by Member Gibbs. s'econded by Member Allan, that authorization of confirmation of the below amended diagræn.(ø), and their recording, be approved. Original Assessment Number Amended Assessment No. Apportioned 52-7-16-10 43-1-3-20 43-l-3-2l 43-1-3-22 45-l-4-9 45-1-4-10 51-6-l8 51-6-19 51-6-20 51-6-21 51-6-22 52-2-2-16 52-2-2-l7 52- 7-13-11 52- 7-l3-l2 52-7-16-11 52- 7-16-12 $ 0.00 804. 77 804.78 0.00 l,890.l8 1.443.51 l, 761. 95 2,250.20 0.00 2,089.74 1 , 869 . 75 l, 869 . 75 2,888.58 2,888.58 1,444.29 1,444.29 43-l-3-l7 18 45-1-4-7 51-6-10 5l-6-:l3 52-2-2-11, 12 52-7-13-4 Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 09 06 73 190 2. AUTHORIZE RECONSTRUCTION OF EXISTING SEWER SYSTEMS, HILL LANE, PLEASANT HILL After explanation by Mr. Horstkotte, General Manager-Chief Engineer, and Mr. Dalton, Deputy General Manager-Chief Engineer, and after examination of a map of the sewer system for Hill Lane, Pleasant Hill, it was moved by Member Gibbs, seconded by Member Mitchell that authorization of $6,000.00 from the Sewer Construction Fund for engineering Right of Way and recon- struction of existing sewer systems, Hill Lane, Pleasant Hill, be approved. Carried by the following vote: AYES: NOES: ABSENT: 3. Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None RESOLUTION NO. 73-l00, A RESOLUTION APPOINTING YVONNE BROWN TO POSITION OF RECEPTIONIST-CLERK After Member Mitchell. Chairman of the Personnel Committee. reported that the Committee had reviewed the personnel recommendations of staff, it was moved by Member Allan, seconded by Member Boneysteele, that Resolution No. 73-100 be adopted. Carried by the following vote: AYES: NOES: ABSENT: 4. Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None AUTHORIZE EXTENSION OF TEMPORARY EMPLOYMENT OF MISS BETTY SIMPSON AT $2.94 AN HOUR After comment by Member Mitchell, Chairman of the Personnel Committee, that the Committee had ,reviewed staff's proposal, it was moved by Member Mitchell, seconded by Member Boneysteele, that authorization to extend temporary employment of Miss Betty Simpson at $2.94 an hour to May 3l, 1974, be approved. Carried by the following vote: AYES: NOES: ABSENT: 5. Members: Memb ers : Members: Borieysteele, Gibbs, Mitchell. Allan and Rustigian None None RESOLUTION NO. 73-l0l. A RESOLUTION APPOINTING MARJORIE GRIFFIN TO POSITION OF RECEPTIONIST-CLERK After comments by Member Mitchell, Chairman of the Personnel Committee, that the Committee had reviewed staff's proposal, it was moved by Member Mitchell. seconded by Member Gibbs that Resolution No. 73-l0l be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Memb ers : Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 6. AUTHORIZE $l,150.75 FOR VELD-BIND BINDER After explanation by Mr. Jack Best, Manager, Engineering Department, it' was moved by Member Boneysteele, seconded by Member Gibbs that authorization of $l,150.75 for a Velo-Bind Binder be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Memb ers : Members: Boneysteele, Gibbs, Mitchell. Allan and Rustigian None None 7. AUTHORIZE $5,000.00 FOR STATE HIGHWAY STUDY After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer, that the costs for the State Highway No.4 Study to provide sewer service for property in the vicinity of State Highway No.4, would be reimbursable 09 06 73 191 by the State and after discussion by Board Members, it was moved by Member Mitchell, seconded by Member Gibbs, that authorization of $5.000.00 for State Highway No.4 Study be approved and that the President and Secretary be authorized to execute agreement with the State Highway Department regarding the construction of the Winton-Jones sewer line located northerly of Arnold Industrial Highway and easterly of District Sewering Project 2395. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 8. REQUEST FOR CONDEMNATION ACTION AGAINST FERDINAND SIMON, ET UX, WILDWOOD ROAD, ORINDA Mr. Horstkotte, General Manager-Chief Engineer, explained that Mr. Peter Meagher had requested condemnation action by the District against Ferdinand Simon, et ux, Wildwood Road, Orinda. Mr. Meagher addressed the Board and stated that agreement on the Grant of Easement rights by Mr. Simon to Mr. Meagher for the construction of a sewer line to service Mr. Meagher's property had been obtained on two separate occasions. However, in each instance, after indicating agreement, Mr. Simon declined to execute the grant of easement. Mr. Meagher, therefore, requested condemnation action by the District. ' After discussion by Board Members, Mr. Horstkotte, General Manager-Chief Engineer, Mr. Carniato. Acting Counsel for the District, and Mr. McCabe, Attorney representing Mr. Meagher, it was moved by Member Gibbs, seconded by Member Allan, that staff be authorized to initiate condemnation proceedings against Ferdinand Simon, et ux, Wildwood Road, Orinda, subject to prior effort by staff to negotiate the Grant of Easement by Mr. Simon. Carried by the following vote: AYES: NOES: ABSENT : Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None 9. CLAIM OF T. J. McCARTHY IN THE AMOUNT OF $425.95 After discussion by Board Members, Mr. Horstkotte, General Manager-Chief Engineer, and Mr. Dalton, Deputy General Manager-Chief Engineer, regarding the circumstances of the claim of T. J. McCarthy, item was continued at the request of the staff. 10. AUTHORIZE $4,000.00 FOR SLIDE REPAIR, CLAIM OF DOUGLAS K. CHRISTENSEN After explanation by Mr. Horstkotte, General Manager-Chief Engineer and Mr. Dalton, Deputy General Manager-Chief Engineer. regarding the circumstances necessitating slide repair work at Fairfield Place, Moraga, and after discus- sion, it was moved by Member Boneysteele, seconded by Member Gibbs that claim of D. K. Christensen in the amount of $10,000.00 be denied, but that claim in the amount of $4,000.00 from the Sewer Construction Fund, be paid after receipt of a signed Receipt in Full Settlement and Compromise. Carried by the following vote: AYES: NOES: ABSENT: Memb ers : Memb ers : Memb ers : Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None AUTHORIZE $260.000.00 FOR WATER RECLAMATION PLANT CONSTRUCTION MANAGEMENT COSTS 11. After explanation by Mr. Horstkotte, General Manager-Chief Engineer, that 87-1/2% of such costs were recoverable, it was moved by Member Gibbs, 09 06 73 192 seconded by Member Allan that authorization of $260,000.00 from the Sewer Construction Fund for Water Reclamation Construction Management Costs be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None AUTHORIZE STAFF ATTENDANCE AT WATER POLLUTION CONTROL FEDERATION ANNUAL CONFERENCE, SEPTEMBER 30 - OCTOBER 5,1973 12. After assurance by staff that estimated costs related to attendance at the California Pollution Control Federation Annual Conference had been incorporated in the District's budget, it was moved by Member Boneysteele, seconded by Member Gibbs that authorization for two personnel to attend the Water Pollution Control Federation Annual Conference, September 30 - October 5, 1973, in Cleveland, Ohio, be approved and that personnel attending be authorized transporation, registration fees and per diem. Carried by the following vote: AYES: NOES: ABSENT: Memb ers : Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None l3. AUTHORIZE STAFF ATTENDANCE AT CALIFORNIA WATER POLLUTION CONTROL ASSOCIATION NORTHERN REGIONAL CONFERENCE, OCTOBER 19-20,1973 MONTEREY, CALIFORNIA After explanation by staff and discussion regarding Board Members attendance, it was moved by Member Boneysteele, seconded by Member Gibbs that authorization for five staff personnel to attend the California Water Pollution Control Association, Northern Regional Conference, October 19-20, 1973, in Monterey. California, be approved and that personnel be authorized transporation, registration, fees and per diem. Carried by the following vo'te: AYES: NOES: ABSENT: Members: Memb ers : Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None' None l4. AUTHORIZE STAFF ATTENDANCE AT UNIVERSITY OF CALIFORNIA SEMINAR ON TIME MANAGEMENT, OCTOBER ll, 1973 After comments by Member Mitchell and Member Gibbs regarding benefit derived by staff in attending the Seminar on Time Management and after discussion, it was moved by Member Gibbs, seconded by Member Boneysteele, ,that staff be authorized one attendee to the Seminar on Time Management, October 11, 1973, at a cost of $35.00. Carried by the following vote: AYES: NOES: ABSENT: Members: Member:: ' Members: Boneysteele, Gibbs, Allan and Rustigian Mitchell None 15. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None l6. INFORMATION None VIII. REPORTS l. GENERAL MANAGER-CHIEF ENGINEER a. Board Members reviewed a letter dated September 6,1973, addressed to the Right of Way Agent of the State of California in regard to a North Frontage Road, which will cross the District Treatment Plant property. After review, the Board gave approval to the proposed letter as prepared by staff. 09 06 73 193 b. Board Members reviewed correspondence received from Standard Oil Company of California dated September 4, 1973, regarding the cost for encasing Standard Oil transmission lines crossing the Treatment Plant property. After discussion, it was moved by Member Boneysteele, seconded by Member Allan that authorization of an additional $9,000.00 from Sewer Con- struction Funds (total amount authorized $14,000.00) for encasement of Standard Oil of California transmission lines crossing the District's Treatment Plant property be approved. Carried by the following vote: AYES: Members: Boneysteele, Allan and Rustigian NOES: Memb ers : None ABSTAINING: Members: Gibbs and Mitchell ABSENT: Members: None ~. Mr. Horstkotte provided Board Members with a copy of a standard form letter which was prepared to be sent to all regulatory agencies interested in the details and operations of the District's Water Reclamation Plant. Stage SA. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY None 4. COMMITTEES a. BAY AREA SEWAGE SERVICE AGENCY Member Gibbs, Member of the Executive and Operating Committees, BASSA, provided Secretary Davis with informational data for further dissemination to Board Members. b. ADVISORY COMMITTEE ON SOLID WASTE RECYCLING Mr. Boneysteele, Chairman of the Advisory Committee reported on the Committee's meeting of September 5. 1973. IX. MATTERS FROM THE FLOOR Board Members, Mr. Horstkotte. General Manager-Chief Engineer, and Mr. Carniato, Acting Counsel for the District, discussed and exchanged comments regarding administrative procedures for the preparation of Environ- mental Impact Reports. Mr. Horstkotte recommended that prior to significant expenditure of District funds on Local Improvement Districts. Environmental Impact Reports should be prepared, reviewed and adopted. Member Mitchell commented that he was in favor of current policy of non- issuance of temporary permits for septic tanks by the Health Department as a preliminary procedure for the formation of Proposed Sewering Areas. Board Members and staff discussed estimated interest costs that the District may experience in financing the Water Reclamation Plant, Stage 5A. Member Mitchell suggested there may be alternative methods than the issuance of short term instruments. Mr. Dalton, Deputy General Manager-Chief Engineer, reported that Bartle Wells and Associates, financial consultant to the District, would prepare a cash flow statement related to the construction of the District's Water Reclamation Plant after receipt of a Critical Path Method Computer Schedule from Peterson-Simpson, the contractor. 0,9 06 73 194 09 x. ADJOURNMENT At 11:05 o'clock P.M., President Rustigian adjourned the meeting. COUNTERSIGNED: ç.-. /n " L: Á- ~ "",..1..~ Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 06 73