HomeMy WebLinkAboutBOARD MINUTES 11-15-73
247
MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD NOVEMBER 15,1973
The District Board of Central Contra Costa Sanitary District convened
in a Regulàr Session at its regular place of meeting located at 1250 Springbrook
Road, Walnut Creek, County of Contra Costa, State of California, on November
15,1973, 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
After comment by Member Boneysteele, it was moved by Member Gibbs,
seconded by Member Allan, that the Minutes of the Meeting of November I,
1973, be approved after making the following correction:
Under "VII. NEW BUSINESS,
delete "Item continued."
4.
PROPOSAL FOR SERVICES FROM EVAN PETERS",
Motion correcting the Minutes of the Meeting of November 1,1973,
carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
III.
APPROVAL OF EXPENDITURES
None.
IV.
HEARINGS
None.
V. BIDS
None.
VI. OLD BUSINESS
1. CONCORD CONTRACT PROPOSAL
Mr. Horstkotte, General Manager-Chief Engineer, noted that Board Members
had received a copy of a contractual agreement between the City of Concord
and the District regarding District treatment of effluent from the City of
Concord. Mr. Horstkotte stated that staff had prepared correspondence
addressed to the City of Concord for signature by the President. This
correspondence would advise the City of Concord that previous terms and
conditions offered by the District for annexation of the City to the D~strict
were no longer valid, since they were 'related to a specific completion date
which affected financial terms. The letter does not foreclose future
annexation, but suggests that the City prepare terms for any future study and
consideration.
After Board Members and staff reviewed and exchanged comments on the
correspondence, it was moved by Member Mitchell, seconded by Member Gibbs,
that the President be authorized to sign and forward the correspondence
dated November 15,1973, to the City of Concord. Carried by the following
vote:
11
15
73
248
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Motchell, Allan and Rustigian
None
None
2.
COUNTY WATER QUALITY CONTROL STUDY
Mr. Bohn, Counsel for the District, reported that a copy of the Contract
Agreement regarding the County Water Quality Control Study had been trans-
mitted to the County Counsel.
Board Members, staff and Mr. Bohn, reviewed correspondence prepared
by staff and addressed to the State Water Resources Control Board. The
correspondence defines and clarifies the District position regarding the
County Water Quality Control Study. After revisions by the Board Members,
staff was authorized to forward the correspondence.
3.
LOCAL IMPROVEMENT DISTRICT NO. 54
a.
AUTHORIZE ACCEPTANCE OF EASEMENT FROM FREDERICK A. SPEDER, ET UX
LID NO. 54-2, PARCEL 26, AT A COST OF $1,115.00
After explanation by Mr. Horstkotte, General Manager-Chief Engineer, and
discussion by Board Members regarding determination of fee value, it was
moved by Member Boneysteele, seconded by Member Allan, that easement from
Frederick A. Speder, et ux, LID No. 54-2, Parcel 26, be accepted at a cost
of $1,115.00 to the District and its recording ordered. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
b.
RESOLUTION NO. 73-126, A RESOLUTION OF AWARD OF CONTRACT FOR LOCAL
IMPROVEMENT DISTRICT NO. 54, SCHEDULE 2
It was moved by Member Boneysteele, seconded by Member Gibbs, that
Resolution No. 73-126 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
c.
STAFF REPORT ON LOCAL IMPROVEMENT DISTRICT NO. 54-2
Mr. Horstkotte, General Manager-Chief Engineer, reported that, with one
exception, all property owners of LID No. 54-2 who have been assessed multiple
units, have been contacted to insure their complete understanding of the
optional method of assessment.
d.
RESOLUTION NO. , A RESOLUTION OF INTENTION TO MAKE CHANGES AND
MODIFICATIONS, LOCAL IMPROVEMENT DISTRICT NO. 50
Board Members, staff and Mr. Bohn, Counsel for the District, reviewed
correspondence dated November 12,1973, received from Mr. Laster, Wilson,
Jones, Morton and Lynch, Special Counsel for the District.
After discussion and exchange of comments by Board Members, item was
continued.
4.
LOCAL IMPROVEMENT DISTRICT NO. 30 - TRUNK SEWER PARALLELING
Board Members and staff reviewed and discussed a staff memorandum dated
October 26, 1973, which provided background, staff rationale for planned
paralleling of trunk sewers for LID No. 30, and staff recommendation to
increase watershed charges 50% effective July 1, 1974.
After discussion, it was moved by Member Mitchell, seconded by Member
Gibbs, Watershed Charges for watersheds south of Walnut Creek and served by
District Trunk Line "G" and LID No. 30 Trunk Line be increased 50% effective
March 1,1974.
11
15
73
249
Prior to polling of the Board Members, additional discussion followed
after which Member Mitchell amended his original motion and established the
effective date for a 50% increase in watershed charges to be February 1,
1974, vice March 1, 1974. Member Gibbs seconded the amended motion by
Member Mitchell. Amended motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneystee1e, Gibbs, Mitchell, Allan and Rustigian
None
None
Secretary Davis was directed to spread in the Minutes the increased
watershed charges to be effective February 1,1974.
"Watersheds South of Walnut Creek Served by Line' G' and Local
Improvement District No. 30 Trunk
Watershed Charges - Effective February 1, 1974
Watershed
Residential Use
Per Living Unit
Uses Other Than Residential
Per Acre
"
$600.00
"
29S
33N
33S
34N
34S
35N
35S
35W
Amador
$300.00
"
"
"
"
"
"
"
"
"
"
"
"
Valley
.¡,
*
* Note:
Amador Valley pays rate for WS 33S and will also pay watershed
charge for trunk sewer, pumping station and mains within
Amador Valley. Amador Valley charge not yet determined."
5.
PROPOSED NOTICE TO DEVELOPERS REGARDING CONTINGENT CONDITIONS OF
SERVICE UPON ANNEXATION
Board Members and staff reviewed a proposed Notice DO Developers
prepared by Mr. Bohn, Counsel for the District, in coordination with staff.
After review and amendment, it was moved by Member Gibbs, seconded by
Member Allan, that the Notice to Developers Regarding Contingent Conditions
of Service Upon Annexation, as amended, be approved. Carried by the follow-
ing vote:
AYES:
NOES:
ABSENT:
Members:
Memb ers :
Members:
Boneystee1e, Gibbs, Mitchell, Allan and Rustigian
None
None
6.
PROPOSED AMENDMENT TO SECTIONS 11-501 AND 11-502, DISTRICT CODE
After discussion by Board Members, staff and Mr. Bohn, Counsel for the
District, item was continued.
VII.
NEW BUSINESS
1.
CONSENT ITEMS
a.
ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT
It was moved by Member Allan, seconded by Member Gibbs, that easements from:
Grantor
Job No. Parcel No.
2360 2
2360 3
2381 1
Nicholas I. Kelly, et ux
Charles Bloch, et ux
David F. Shapiro, et ux
11
15
73
250
be accepted and their recording ordered.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
CONFIRM "AMENDED ASSESSMENT DIAGRAM(S)" AND AUTHORIZE RECORDING
OF SAID DIAGRAM(S) .
b.
It was moved by Member Allan, seconded by Member Gibbs, that authorization
of confirmation of the below amended diagram's and 'their recording be
approved.
Original Assessment No.
Amended Ass~ssment No.
Apportioned Amt.
52- 7-13-8
52- 7-13-13
$2,888.58
"
52- 7-13-14
$2,888.58
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Memb ers :
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
2.
AUTHORIZE TEMPORARY EMPLOYMENT OF ONE EMPLOYEE, TREATMENT PLANT
After explanation by Mr. Horstkotte, General Manager-Chief Engineer, and
Mr. David Niles, Manager, Plant Operations, it was moved by Member Gibbs,
seconded by Member Boneysteele, that authorization to employ one person on a
temporary basis for a period of three months at Range 40 at the Treatment
Plant be approved. Carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
3.
DISTRICT MEMBERSHIP ON CONTRA COSTA COUNTY SOLID WASTE MANAGEMENT
POLICY COMMITTEE
Mr. Bohn, Counsel for the District, reported that previous action by the
Board of Supervisors in requesting that a Member of the Board of Directors be
designated to represent Central Contra Costa Sanitary District on the
County's Solid Waste Management Policy Committee had been amended to permit
designation of Mr. Bohn as District representative on the Committee.
Discussion followed regarding designation of three members to represent the
Contra Costa Sanitary Districts Presidents' Council on the County's Policy
Committee.
4.
CORRESPONDENCE FROM BROBECK, PHLEGER AND HARRISON DATED NOVEMBER 1,1973
Board Members, staff and Mr. Bohn, Counsel for the District, reviewed and
discussed correspondence received from Brobeck, Ph1eger and Harrison, Attorney
representing Taylor Instruments Corp., regarding award of bid by Peterson-
Simpson to Wismer and Becker for the Instrumentation and Control Systems
for the District's Water Reclamation Facility.
After discussion, item was continued.
5.
AUTHORIZE $7,500.00 FOR ENGINEERING STUDY, AMADOR VALLEY
Mr. Horstkotte, General Manager-Chief Engineer, explained that the
purpose of the engineering study was to examine various engineering and
economic alternatives available to assist in determining an appropriate
location for the District's southern boundary as a result of pending action
before the Local Agency Formation Commission.
11
1 ~5
7.3
251
Discussion followed. Member Mitchell commented that prior to authorizing
an engineering study, a determination should be made as to whether the area
south of the Bishop Ranch Development can be served by Valley Community
Services District. Member Mitchell suggested that the Bay Area Sewage Services
Agency should properly assist in this determination. Member Boneysteele
suggested that the proposed cost for the engineering study represented solely
an internal allocation of costs and not expenditure of actual funds. He
indicated that it was important that ,the Board have definitive knowledge con-
cerning appropriate location of the District's southern boundary based upon
engineering considerations. Member Gibbs suggested that the engineering
study and determination of whether Valley Community Services District could serve the
area south of the Bishop Ranch Development could proceed simultaneously with
participation by BASSA. He suggested that staff contact BASSA on the matter.
After the discussion, it was moved by Member Boneysteele, seconded by
Member Gibbs, that authorization of $7,500.00 from the Sewer Construction
Fund for an Engineering Study, Amador Valley, be approved. Carried by
the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
Member Mitchell requested staff to explore the question as to whether
the area south of the Bishop Ranch Development should be served by the
District or VCSD.
6.
AUTHORIZE $3,500.00 FOR GRADING WORK, TREATMENT PLANT
After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it
was moved by Member Allan, seconded by Member Gibbs, that authorization of
$3,500.00 from the Se~er Construction Fund for grading work at the Treatment
Plant be approved. Carried by the following v~te:
AYES:
NOES:
ABSENT :
Memb ers :
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
7.
AUTHORIZE ACCEPTANCE OF EASEMENT FROM K. ROSS FITZSIMMONS, AT A
COST OF $725.00, LOCAL IMPROVEMENT DISTRICT 54-2, PARCEL 13
It was moved by Member Boneysteele, seconded by Member Mitchell, that
easement from K. Ross Fitzsimmons, LID No. 54-2, Parcel 13, be accepted at a
cost of $725.00 to the District and its recording ordered. Carried by the
following vote:
AYES:
NOES:
ABSENT :
Memb ers :
Members:
Members:
Boneystee1e, Gibbs, Mitchell, Allan and Rustigian
None
None
8.
REQUEST FOR INCREASE IN LIMITING FEE, BECHTEL CONTRACT
At the request of Mr. Horstkotte, General Manager-Chief Engineer, item
was continued.
9.
OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA
None
10.
INFORMATION
a.
CORRESPONDENCE FROM STATE WATER RESOURCES CONTROL BOARD, DATED
OCTOBER 31, 1973
Board Members noted correspondence from the State Water Resources Control
Board regarding a public hearing to be held on November 5,1973, on the matter
of identification of potential area-wide planning areas under Section 208 of \
the Federal Water Pollution Control Act.
1'1
15
73
252
b.
DISTRICT AUDIT FOR FISCAL YEAR 1972-73
Board Members reviewed the audit report prepared by Elmer Fox and
Company for the fiscal year 1972-73. After comment by Mr. Horstkotte,
General Manager-Chief Engineer, that an inadvertent oversight had been made
on page 13, Board Members requested corrected copies of the audit report
and that a representative of the firm be present at the meeting of
December 6,1973.
President Rustigian suggested that the Board may wish to 'consider
, increasing the amount of insurance coverage for the District. Item
continued.
VIII.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
a. Mr. Horstkotte reported that he had promulgated a memorandum to
Department Managers on measures to be taken to reduce energy requirements
by the District.
b. Mr. Horstkotte made a progress report on the status of construction
at the District's Treatment Plant Facility. Aerial photographs of the
construction sites were made available to Board Members.
c. Mr. Horstkotte reported that he had been invited by the American
Society for Testing Materials to be on a committee to evaluate and report
on plastic pipe. After discussion, it was the consensus of the Board that,
in view of the District's current construction program, Mr. Horstkotte
decline the honor at this time.
2.
COUNSEL FOR THE DISTRICT
Mr. Bohn reported that written comments on the State's "Tentative
Guidelines for the Development of Solid Waste Management Plans," a copy
of which Board Members had received, were required by November 28,1973.
Discussion followed regarding solid waste management planning in Contra
Costa County with Member Mitchell stating that such planning should not
preclude the District in an implementing agency in view of the current
energy crisis.
3.
SECRETARY
a. Mr. Davis reported that the City of Pleasant Hill had expressed
interest in having reports on the current status of labor negotiations
between the District's. franchisees and the labor union. After discussion,
Mr. Davis was requested to invite representatives from the City of Pleasant
Hill to be present when status reports on the negotiations are to be
presented to the Board.
b. Mr. Davis reported that a copy of the labor union's proposals for
an agreement with the District's franchisees had been received.
c.
RESOLUTION NO. 73-i27, A RESOLUTION RESCINDING RESOLUTION NO. 73-46A
After explanation by Mr. Bohn, Counsel for the District, it was moved
by Member Gibbs, seconded by Member Allan, that Resolution No. 73-127 be
adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
d. After commenting on administrative proceedings regarding the
recent Board of Directors election, Mr. Davis stated that the staff reported
on Orinda/Moraga Disposal Service operations and rates should be available in
one week.
11
15
73
253
4.
COMMITTEES
a.
BAY AREA SEWAGE SERVICES AGENCY
, .
Member Gibbs, member of the Executive and Operating Committees, BASSA,
reported that BASSA had made a presentation to the State regarding designation
of "208" agencies. He indicated that the State Water Resources Control Board
had designated three areas in the Bay Area as "critical," insofar as
wastewater pollution was concerned. San Francisco Bay was not designated as
critical.
Discussion followed regarding legislation sponsored by Assemblyman
Knox (AB 2040), which proposes a regional governmental entity for the Bay
Area. During the discussion, it was moved by Member Mitchell that the
District adopt a resolution opposing the Knox bill.
Prior to seconding of Member Mitchell's motion, further discussion
followed, after which it was the consensus of the Board that Mr. Bohn,
Counsel for the District, prepare a resolution indicating the District's
opposition to the proposed Knox bill (AB 2040) for presentation to the
Board. Member Mitchell then withdrew his motion. Item continued.
Member Gibbs reported that Mr. Zelmo Lindauer, President, Mt. View
Sanitary District, and currently alternate Trustee to Member Gibbs for
BASSA, had declined to serve an additional term. Action by the Board of
Supervisors or the Selection Committee to select a new alternate for BASSA
will be necessary.
CITIZENS' ADVISORY COMMITTEE ON SOLID WASTE RECYCLING
b.
Member Boneysteele, Chairman of the Advisory Committee, reported on the
meeting of November 14, 1973, which was attended by Mr. Horstkotte, General
Manager-Chief Engineer.
IX.
MATTERS FROM THE FLOOR
1. Member Mitchell asked staff to investigate a complaint by Mr. Joseph King,
1161 Noga1es Road, Lafayette, regarding garbage service.
2. Member Mitchell suggested that contingency planning should be initiated
by the District's engineering consultant, Brown and Caldwell, and staff, to
ensure the operation of the District's new Water Reclamation Facility in view
of the current energy crisis. After discussion, it was the consensus of the
Board that Brown and Caldwell be requested to review the matter and report
to the Board.
3. Member Allan'reported on the recent California Association, of Sanitation
Agencies' meeting held November 2-3, 1973, which he had attended. Discussion
followed.
4. Member Allan noted that the District Employees annual Christmas party
was scheduled for December 14,1973. Members Allan and Boneystee1e and
President Rustigian indicated that they planned to attend. Personal
schedules precluded attendance by Members Gibbs and Mitchell.
X.
ADJOURNMENT
At 10:55 o'clock P.M., President Rustigian adjourned the meeting.
COUNTERSIGNED:
~... {(~C (/J\_~
Secretary of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
11
15
73