HomeMy WebLinkAboutBOARD MINUTES 02-21-74
298
MINUTES OF A REGULAR MEETING
- OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD FEBRUARY 21, 1974
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 February 21, 1974, at 8:00 o'clock P.M.
The meeting was called to order by President Mitchell.
I.
ROLL CALL
PRESENT:
Members:
Gibbs, Rustigian, Allan and Mitchell
ABSENT:
Member:
Boneysteele
Ia.
PRESENTATION OF "CERTIFICATES IN MAINTENANCE OF WASTEWATER
FACILITIES"-
President Mitchell, on behalf of the Board Members, after commending
them for their devotion and personal efforts, presented to Mr. Ben Netto,
Mr. Charles Doran, Mr. Daniel Lopez and Mr. James Hampton, District employees,
a "Certificate of Maintenance of Wastewater Facilities" from the California
Water Pollution Control Association. The certificates reflect individual
grade qualification in the field of sewer maintenance.
II.
APPROVAL OF MINUTES
After discussion by Board Members and staff, it was moved by Member
Gibbs, seconded by Member Allan, that the Minutes of the Meeting of February
7,1974, be approved after making the following correction:
Under "VI. OLD BUSINESS, 1. PSA NO. 51 SPRINGHILL ROAD, LAFAYETTE,"
IN THE THIRD PARAGRAPH, LINE THREE, DELETE "Report!'and insert "assessment."
Motion correcting the Minutes of the meeting of February 7, 1974,
carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Mitchell
None
Boneysteele
III.
APPROVAL OF EXPENDITURES
None.
IV.
HEARINGS
1.
DISTRICT ANNEXATION NO. 40 (LARWIN DEVELOPMENT)
President Mitchell formally opened the hearing on District Annexation
No. 40 (Larwin Development).
Mr. Horskotte, General Manager-Chief Engineer, utilizing maps, located
and indentified the extent and area of District Annexation No. 40.
Mr. James McKeehan, Mr. Rod Stevenson and Mr. Charles Snyder,
representatives for Larwin Development Company, advised the Board and public
that they were present to answer any questions regarding plans for develop-
ment of their property. -
Mr. Woody Periera, representing Gentry Development Company, addressed the
Board and stated that his firm had 28 acres located in the Larwin Development
area and that Gentry Development Company supported the annexation to the
District.
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299
President Mitchell asked if there were other persons in the audience
that wished to address the Board. There were none.
President Mitchell asked if there were any written protests received
regarding District Annexation No. 40. Mr. Horstkotte, General Manager-
Chief Engineer, stated that no written protests had been received.
President Mitchell made a statement to the audience wherein he explained
the policy and rationale of the Board of Directors regarding annexation
including District fees and charges related to such annexation.
Member Gibbs noted that. Valley Community Services District was unable to
provide sewer service to the Larwin property within a reasonable time frame
whereas the Sanitary District could.
After further discussion, President Mitchell closed the hearing on
District Annexation No. 40 (Larwin Development).
RESOLUTION NO. 74-10, A RESOLUTION ORDERING THE ANNEXATION OF
TERRITORY CONTAINED IN DISTRICT ANNEXATION NO. 40 TO THE CENTRAL
CONTRA COSTA SANITARY DISTRICT
It was moved by Member Gibbs, seconded by Member Allan, that Resolution
No. 74-10, be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Mitchell
None
Boneysteele
V.
BIDS
None.
VI.
OLD BUSINESS
L
ENVIRONMENTAL ASSESSMENT, PSA NO. 51, SPRINGHILL ROAD, LAFAYETTE
Mr. Horstkotte, General Manager-Chief Engineer, stated that staff
had made an environmental study of PSA No. 51 and that staff recommended that,
in the Board's deliberations on environmental assessment, the Board authorize
staff to prepare a negative declaration on environment for PSA No. 51.
After explaining administrative procedures for environmental assessments
and impact reports, Mr. Horstkotte stated that, except for one 75-foot lot
line easement, all proposed sewer lines would be located within existing
roads.
President Mitchell, for the benefit of persons in the audience, explained
administrative procedures related to the formation of a proposed sewering area
and subsequently a local improvement district wherein property owners, after a
public hearing, are assessed for the cost of sewering the affected area.
President Mitchell then invited comments on the matter from persons
in the audience.
Mr. Alan Tebb, 19 Springhill Lane, Lafayette, addressed the Board and,
after commenting that he hadn't received the postcard notice sent to property
owners of PSA No. 51 (LID No. 55-1), Mr Tebb queried Board Members and
staff regarding administrative procedures on environmental assessments and
formation of local improvement districts. Board Members, staff and Mr. Jerry
Laster, Wilson, Jones, Morton and Lynch, Special Counsel to the District,
. responded to Mr. Tebb's queries. -
After discussion and clarification of administrat'ive procedures, it was
moved by Member Gibbs, seconded by Member Rustigian, that staff be authorized
to prepare a resolution for adoption by the Board at the next meeting, such
resolution declaring that the proposed project, PSA No. 51 (LID No. 55-1),
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300
would have no significant impact upon the environment and therefore a nega-
tive declaration should be prepared. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Mitchell
None
Boneys teele
2.
ENVIRONMENTAL ASSESSMENT, PSA NO. 49, CAMELLIA LANE, LAFAYETTE
Board Members reviewed a staff recommendation that an environmental
assessment of PSA No. 49 would have significant impact upon the area and
therefore staff should be authorized to proceed with an Environmental Impact
Report.
Discussion followed with staff reporting that property owners in
PSA No. 49 representing 87% of the assessed valuation had petitioned for
sewer service. Staff reported that the preliminary estimate for each unit
of assessment approximates $6,500.00.
During the discussion, Board Members noted that the area in PSA No. 49
had been previously considered for sewer service and had been rejected by
the Board. - President Mitchell suggested that staff notify affected property
owners that this matter is under consideration by the Board and that an
informal hearing be held wherein property owners could be apprised of the
preliminary estimate for each unit of assessment.
After the discussion wherein staff was provided guidance regarding
additional data desired by the Board, item was continued.
VII.
NEW BUSINESS
1.
CONSENT ITEMS:
ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT
a.
It was moved by Member Rustigian, seconded by Member Gibbs, that
easements from:
Grantor
Job No. Parcel No.
2454 1
2327 1
2420 1
2418 1
1417 Misc.
C. Van Der Wende, et ux
J. N. Freitas
S. E. Creese, et ux
P. B. Bedford, et ux
Woodview Development Co., Inc.
be accepted and their recording ordered.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Mitchell
None
Boneysteele
b.
AUTHORIZE EXECUTION OF QUIT CLAIM DEED
It was moved by Member Rustigian, seconded by Member Gibbs, that the
President and Secretary be authorized to execute Quit Claim Deed to
P. B. Bedford, Job No. 1304, Parcel 2, and to Woodview Development Co.,
Inc., Job No. 1417, miscellaneous parcels. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Mitchell
None
Boneysteele
AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO FILE NOTICE OF COMPLETION
DISTRICT SEWERING PROJECT 2404, HILL LANE, LAFAYETTE
c.
It was moved by Member Rustigian, seconded by Member Gibbs, that the
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General Manager-Chief Engineer be authorized to file Notice of Completion,
DSP 2404, Hill Lane, Lafayette. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Mitchell
None
Boneysteele
d.
AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO FILE NOTICE OF
COMPLETION, DSP 2412, THOMPSON-GLEN ROAD, LAFAYETTE
- It was moved by Member Rustigian, seconded by Member Gibbs, that
the General Manager-Chief Engineer be authorized to file Notice'of Completion,
DSP 2412, Thompson-Glen Road, Lafayette. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Mitchell
None
Boneysteele
e.
AUTHORIZE EXECUTION OF CONSENT TO JOINT USE OF EXCLUSIVE EASEMENT
WITH PACIFIC GAS AND ELECTRIC CO.
It was moved by Member Rustigian, seconded by Member Gibbs, that
the President and Secretary be authorized to execute Consent to Joint Use of
Exclusive Easement Agreement with Pacific Gas and Electric Co., LID 52-7,
Parcel l, and Job No. 2038, Parcell. Carried by the following vote:
AYES:
NOES:
ABSENT:
f.
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Mitchell
None
Boneysteele
AUTHORIZE EXECUTION OF UTILITIES AGREEMENT NO. 407.13.1 WITH STATE
OF CALIFORNIA, DISTRICT SEWERING PROJECTS NOS. 2395 AND 2396
It was moved by Member Rustigian, seconded by Member Gibbs, that the
President be authorized to execute Utilities Agreement No. 407.13.1 with
the State of California, DSPs 2395 and 2396. Carried by the following vote:
AYES:
NOES:
ABSENT:
2.
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Mitchell
None.
Boneys teele
RECOMMENDATION OF GENERAL MANAGER-CHIEF ENGINEER FOR ENGAGEMENT OF
CONSULTANT FOR SOLID WASTE ENERGY STUDY
Mr. Horstkotte, General Manager-Chief Engineer, reported that he had
conferred with six consultant firms. As a result of such consultations
and proposals, he had formulated the scope for the..study. However, he was
not prepared to recommend a specific consultant firm from three firms re-
maining yet in contention.
Mr. Horsktotte recommended that final selection of a consultant firm be
referred to a special committee consisting of two Board Members and the
General Manager-Chief Engineer.
Discussion followed with Mr. Bohn, Counsel for the District, reporting
on solid waste activities at a recent meeting in Los Angeles. After
discussion, President Mitchell appointed a special committee to select a
consultant firm to conduct a solid waste energy study. Committee Members are:
MembersGibbs and Rustigian, Mr. Horstkotte, General Manager-Chief Engineer,
and Mr. Bohn, Counsel for the District. Item continued.
3.
CLAIM OF MR. HAROLD ANDERSON IN THE AMOUNT OF $198.00
It was moved by Member Rustigian, seconded by Member Allan, that the
élaim of Mr. Harold Anderson in the amount of $198.00 be paid following
receipt of a signed Release in Full Settlement and Compromise. Carried by
the following vote:
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302
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Mitchell
None
Boneysteele
CLAIM OF MRS. N. C. SCOTT IN THE AMOUNT OF $157.50
4.
After noting that Mrs. N. C. Scott had not been notified that the
Board was to consider her claim at this meeting and in view of staff's
recommendation to deny the claim of Mrs. Scott, item was continued.
CLAIM OF MRS. CONSUELO DOMINGUEZ IN THE AMOUNT OF $92.95
5.
It was moved by Member Gibbs, seconded by Member Rustigian, that the
claim of Mrs. Consuelo Dominguez in the amount of $92.95 be paid following
receipt of a signed Release in Full Settlement and Compromise. Carried
by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Mitchell
None
Boneysteele
6.
APPEAL BY MR. ROBERT DRIGGERS TO DISTRICT REQUIREMENT FOR EXTENSION OF
SEWER MAIN
Board Members reviewed the staff recommendation which was to deny the
appeal of Mr. Robert Driggers who had requested exemption from a District'
requirement for extending a sewer main l5 feet into Mr. Driggers property.
After perusal of a map of the affected area, discussion followed including
participation by Mr. and Mrs. Robert Driggers, who were present in the audience.
After discussion wherein it was determined that a private sewer line
passing through an easement would resolve the matter, it was moved by Member
Gibbs, seconded by Member Allan, that the request of Mr. Driggers t9 con-
nect to the District's sewer system, via a private sewerline, be approved.
Carried by the following vote:
AYES: Members: Gibbs, Rustigian, Allan and Mitchell
NOES: Memb ers : None
ABSENT: Member: Boneysteele
, .
,
7.
RESOLUTION NO. 74-11, A RESOLUTION FINDING AND DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION, CONSTRUCTION
AND COMPLETION OF CERTAIN PUBLIC IMPROVEMENTS AND AUTHORIZING THE
FILING OF CONDEMNATION PROCEEDINGS
After explanation by staff, discussion by Board Members ánd upon the
recommendation by Mr. Bohn, it was moved by Member Gibbs, seconded by Member
Allan, that Resolution No. 74-11 authorizing the filing of condemnation
proceedings against Glen Arms Estates, Inc., Job No. 2389, Parcell, San
Ramon Valley, be approved. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Mitchell
None
Boneysteele
8.
1973 MAINTENANCE REPORT
Board Members reviewed the 1973 Maintenance Report as prepared by
Mr. Robert Hinkson, Manager, Maintenance Department. Mr. Hinkson, after
expressing his appreciation to the personnel of his Department, was com-
mended by the Board for the progress and accomplishments achieved by the
Maintenance Department.
02
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9.
303
ADOPT ELIGIBLE LIST FOR ENGINEERING AID I
RESOLUTION NO. 74-12, A RESOLUTION ADOPTING ELIGIBLE LIST FOR
ENGINEERING AID I
After explanation by Member Allan, Chairman of the Personnel Committee,
it was moved by Member Allan, seconded by Member Gibbs, that Resolution,
No. 74-12 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Mitchell
None
Boneysteele
10.
RESOLUTION NO. 74-13, A RESOLUTION APPOINTING REYNALDO LIMJOCA
AND DAN JENSEN TO POSITION OF ENGINEERING AID I
After comment by Member Allan, Chairman of the Personnel Committee,
it was moved by Member Allan, seconded by Member Gibbs, that Resòlution
No. 74-13 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Mitchell
None
Boneysteele
ll.
AUTHORIZE EXECUTION OF AGREEMENT WITH STATE PERSONNEL BOARD FOR PERSONNEL
SURVEY AT A COST OF $5,900.00
After noting that the last personnel survey conducted for the District
was in 1971, Board Members and staff' discussed the scope of the proposed
personnel survey so as to include the integration of job classifications and,
descriptions for planned personnel at the District's Water Reclamation Facility.
After discussion wherein Member Allan, Chairman of the Personnel Committee,
scheduled a meeting with Mr. Horstkotte, General Manager-Chief Engineer, to
review job classifications and descriptions, it was moved by Member Gibbs,
seconded by Member Rustigian, that the President be authorized to exec~te
Agreement with the State Personnel Board for a Personnel Survey and that
authorization of $5,900.00 for the survey be approved. Carried by the follow-
ing vote:
AYES:
NOES:
ABSENT:
Members:
Hembers:
Member:
Gibbs, Rustigian, Allan and Mitchell
None
Boneysteele
12.
AUTHORIZE STAFF ATTENDANCE AT FIELD MANAGEMENT OF PUBLIC WORKS CONSTRUCTION
PROJECTS, MARCH 22,23, 29, AND 30,1974, SAN JOSE
After explanation by staff, it was moved by Member Rustigian, seconded
by Member Gibbs, that ~r. William Ramsay, Supervising Construction Inspector,
be authorized registration fees, transporation and per diem for two days to
attend a course on Field Manageme~t of Public Works Construction Projects in
San Jose. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Mitchell
None
Boneysteele
13.
OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA
a.
AMENDED ENVIRONMENTAL IMPACT REPORT GUIDELINES
ORDINANCE 95, AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT BY ADOPTING AMENDED LOCAL GUIDELINES
IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED,
TO CONFORM TO THE AMENDED GUIDELINES FOR THE STATE OF CALIFORNIA, FILED
WITH THE SECRETARY OF STATE, DECEMBER 17, 1973'
After Mr. Bohn, Counsel for the District, explained the amended environ-
mental impact report guidelines, Board Members and Mr. Bohn reviewed and
discussed the proposed amendments.
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After discussion and upon the recommendation of Mr. Bohn, it was moved
by Member Gibbs, seconded by Member Rustigian, that Ordinance 95 be adopted
and placed in the official files of Ordinances of the District; and further
that the said Ordinance shall be a general regulation of the District,
shall be published once in the Contra Costa Times, a newspaper of general
circulation, published and circulated in Central Contra Costa Sanitary
District. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Mitchell
None
Boneysteele
VIII.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
a. Mr. Ho.rstkotte reported that, as a condition for receipt of grant
funds, it would be necessary for the Board to schedule a public hearing to
consider the proposed construction of pipeline and clearwell at the District's
treatment plant.
After discussion, it was the consensus of the Board to schedule a public
hearing on the matter for its meeting of April 18, 1974.
b. Mr. Horstkotte requested authorization to transfer $250,000.00
from the Running Expense fund to the Sewer Construction fund.
After discussion, it was moved by Member Gibbs, seconded by Member
Allan, that authorization to transfer $250,000.00 from the District's
Running Expense fund to the Sewer Construction fund be approved. Carried
by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Mitchell
None
Boneysteele
c. Mr. Horstkotte reported that the Maintenance Storage Building
in the corporate yard was completed.
d. Mr. Horstkotte presented Board Members for perusal a copy of the
Final Report by the Citizens Advisory Committee on Solid Waste Recycling.
e. Mr. Horstkotte gave a current progress report on the construction
of the Water Reclamation Facility. In response to query, Mr. Horstkotte
reported that aerial photographs and photographic slides were being made
periodically as construction progressed. Staff was requested to display
the photographs at the next meeting.
2.
COUNSEL FOR THE DISTRICT
a.
repor t .
Mr. Bohn requested ten copies of the Citizens Advisory Committee's
b. Mr. Bohn and Mr. Horstkotte, reported that Bechtel Incorporated,
Engineering Consultant to the District, had proposed an amendment to its
contract for services to the District. They explained that the amendment
reflects the extended time schedule for the Water Reclamation Facility and,
therefore, an adjustment in compensation to Bechtel Incorporated.
After discussion and upon the recommendation of Mr. Bohn, it was
moved by Member Gibbs, seconded by Member Allan, that the President be
authorized to execute Amendment No.1 to the Contract between the District
and Bechtel Incorporated. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Mitchell
None
Boneysteele
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c. Mr. Bohn reported on the symposium on solid waste conversion to energy
which he attended on February 15, 1974, in Los Angeles. He indicated that
mostly technical matters were discussed and that he would make that material
available to Mr. Horstkotte.
d. Mr. Bohn reported that at. the California Association of Sanitation
Agencies meeting scheduled for March 8, 1974, in Los Angeles, the Attorneys
Committee planned to discuss the newly enacted conflict of interest law and
the problem of relocation of facilities when selected areas are designated for
redevelopment. Mr. Bohn then reported on the current status of the EBMUD
litiga~ion case involving relocatioI). of facilities which the District is
supporting.
3.
SECRETARY
None.
4.
COMMITTEES
a.
BAY AREA SEWAGE SERVICE AGENCY
Member Gibbs, member of the Executive and Operating Committees, BASSA,
reported on the current activities of BASSA and its relations with the State
Water Resources Control Board and the Environmental Protection Agency. He
then briefly reviewed the San Francisco Bay Basin Water Quality Control Plan.
b.
NEGOTIATING COMMITTEE FOR CITY OF CONCORD
Mr. Horstkotte, General Manager-Chief Engineer, reported that a decision on
grant funds for the City of Concord to pay its proportionate share of the
District's sewage facilities was before the Environmental Protection Agency.
Discussion followed regarding the joint exercise of powers agreement for
the implementation of the County Water Quality Study.
IX.
MATTERS FROM THE FLOOR
None.
X.
ADJOURNMENT
At 10:43 o'clock P.M., President Mitchell adjourned the meeting.
President 0 'the District Board of the
Central Contra Costa Sanitary District
of Contra Costa County, State of California
COUNTERSIGNED:
~ 1(1 ~QÚI..~
Secretary of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
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