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HomeMy WebLinkAboutBOARD MINUTES 06-20-74 369 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA Sfu~ITARY DISTRICT HELD JUNE 20,1974 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 June 20,1974, at 8:00 o'clock P.M. The meeting was called to order by President Mitchell. I. ROLL CALL PRESENT: Members: Boneysteele, Rustigian and Mitchell ABSENT: Members: Gibbs and Allan At 8:03 o'clock P.M., Member Gibbs arrived. II. APPROVAL OF MINUTES After comments by Member Boneysteele and President Mitchell clarifying the action taken by the Board at the meeting of June 6, 1974, in the case of William G. Calkins, item was continued. III. APPROVAL OF EXPENDITURES None. IV. HEARINGS 1.' INDUSTRIAL WASTE CONTROL ORDINANCE President Mitchell opened the hearing on the proposed Industrial Waste Control Ordinance. Mr. Horstkotte, General Manager-Chief Engineer, reported receipt of correspondence from the Bay Area League of Industrial Associations, Inc., dated June 20,1974. President Mitchell then read the correspondence to the audience which was a request to'continue the hearing to a future date to permit further analysis and review of the proposed ordinance by the Bay Area League of Industrial As~ociations, Inc. After explanation by Mr. Horstkotte that adoption of an ordinance was necessary to meet Federal and State Grant requirements, Mr. Henry Fenthagen, Kaiser-Permanente Medical Center, addressed the Board and requested that the hearing be continued to also permit further review and clarification of the proposed ordinance. Mr. Dutch Reger, Elite Laundry and Dry Cleaners, Martinez, addressed the Board regarding District sewer service charges in relationship with the proposed ordinance. After discussion and comment by Mr. Horstkotte regarding the impact of commercial water softening discharges into the District's sewer system, President Mitchell continued the hearing on the proposed Industrial Waste Control Ordinance to the meeting of July 11, 1974. Item continued. 2. DISTRICT ANNEXATION NO. 42 President Mitchell opened the hearing on District Annexation No. 42. Mr. Horstkotte, General Manager-Chief Engineer, reported that no written protests to District Annexation No. 42 had been received. In response to query, President Mitchell noted that no pers9ns in the audience were present to address the Board on District Annexation No. 42. President Mitchell then closed the hearing on District Annexation No. 42. Mr. Jay McCoy, Engineering Associate, utilizing maps, outlined the area and properties to be annexed. 0,6 20 74 370 After discussion, the Board took the following action: RESOLUTION NO. 74-92, A RESOLUTION ORDERING THE ANNEXATION OF TERRITORY CONTAINED IN DISTRICT ANNEXATION NO. 42 TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT It was moved by Member Boneysteele, seconded by Member Rustigian, that Resolution No. 74-92 be adopted. Carried by the following vote: AYES: ABSENT: Members: Member: Gibbs, Boneysteele, Rustigian and Mitchell Allan V. BIDS None. VI. OLD BUSINESS 1. LID NO. 55, SPRINGHILL ROAD, LAFAYETTE After explanation regarding the number of parcels of property involved, Mr. Horstkotte, General Manager-Chief Engineer, reported receipt of correspondence regarding LID No. '55, dated June 6,1974, from the County Health Officer and ex officio Health Officer for the District. After explanation by and upon the recommendation of Mr. Jerry Laster, Wilson, Jones, Morton and Lynch, Special Counsel to the District, the Board took the following actions: It was moved by Member Gibbs, seconded by Member Boneysteele, that the Health Officer's letter dated June 6,1974, be spread in the Minutes. Carried by the following vote: AYES: ABSENT: Members: Member: Gibbs, Boneysteele, Rustigian and Mitchell Allan "June 6, 1974 "Central Contra Costa Sanitary District 1250 Springbrook Road Walnut Creek, California 94596 "Gentlemen: Re: Local Improvement District No. 55 "I am acquainted with the sanitary sewerage project which you propose to undertake pursuant to special assessment and assessment bond proceedings, or other appropriate proceedings, which project is more particularly set forth in your Resolution No. 74-80, requesting recommendation of Health Officer, adopted June 6,1974, all or a portion of the costs and expenses of which you propose to assess upon a district or districts shown on the proposed boundary map for the above entitled district, a copy of which accompanied the said Resolution. "I recommend, as necessary as a health measure, that you undertake proceedings pursuant to appropriate special assessment and assessment' bond acts of this State, or other appropriate proceedings, as you shall determine, for the construction of said improvements and for assessing or taxing the properties to be benefited thereby. This recommendation extends to such changes and modifications therein as you shall find to be proper or advisable, in the manner provided by law. "Yours respectfully, (signed) Glen W. Kent, M.D. "County Health Officer as ex officio Health Officer of the City of Lafayette and of the Central Contra Costa Sanitary District" 06 20 74 371 RESOLUTION NO. 74-93, A RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO APPROPRIATE SPECIAL ASSESSMENT AND ASSESSMENT BOND ACT OR OTHER APPROPRIATE PROCEEDINGS, FOR THE ACQUISITION AND CONSTRUCTION OF A SANITARY SEWAGE SYSTEM AND APPURTENANCES WITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE. LID NO. 55 It was moved by Member Gibbs, seconded by Member Boneysteele that Resolution No. 74-93 be adopted. Carried by the following vote: AYES: ABSENT: Members: Member: Gibbs, Boneysteele, Rustigian and Mitchell Allan RESOLUTION NO. 74-94, A RESOLUTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS, LID NO. 55 It was moved by Member Gibbs, seconded by Member Boneysteele, that Resolution No. 74-94 be adopted. Carried by the following vote: AYES: ABSENT: Members: Member: Gibbs, Boneysteele, Rustigian and Mitchell Allan Board Members noted receipt of City of Lafayette Resolution No. 45-74, adopted June 19,1974, A Resolution Granting Consent to Proceedings for Creation of an Assessment District for Sanitary Sewers. RESOLUTION NO. 74-95, A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT. LID NO. 55 It was moved by Member Gibbs, seconded by Member Boneysteele, that Resolution No. 74-95 be adopted. Carried by the following vote: AYES: ABSENT: Members: Member: Gibbs, Boneysteele, Rustigian and Mitchell Allan RESOLUTION NO. 74-96, A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS, AND DIRECTING NOTICE. LID NO. 55 It was moved by Member Gibbs, seconded by Member Boneysteele, that Resolution No. 74-96 be adopted. Carried by the following vote: AYES: ABSENT: Members: Member: Gibbs, Boneysteele, Rustigian and Mitchell Allan RESOLUTION NO. 74-97, A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN THE TIME SPECIFIED. LID NO. 55 It was moved by Member Gibbs, seconded by Member Boneysteele, that Resolution No. 74-97 be adopted. Carried by the following vote: AYES: ABSENT: Members: Member: Gibbs, Boneysteele, Rustigian and Mitchell Allan ANNEXATION, DEVIL MOUNTAIN (BRYAN RANCH) 2. Mr. Dalton, Deputy General Manager-Chief Engineer, utilizing a map, reviewed for the benefit of persons in the audience, the location and size of the Bryan Ranch (Devil Mountain) property. He explained that by previous action, the Board of Directors had expressed intent to annex the Bryan Ranch, subject to delineation of boundaries so as to exclude designatèd "open space" areas. President Mitchell read to the audience correspondence dated May 31, 1974, received from Mr. Dwight Pate, Project Manager, Bryan Ranch, wherein Mr. Pate requested the Board to proceed with total annexation of the 625 acres. President Mitchell then read correspondence, with enclosure, dated June 20, 1974, received from Mrs. Linda A. Moody, Chairman, Amigos de Diablo, wherein Mrs. Moody requested the Board to defer action in order to permit Amigos de Diablo sufficient time to make a presentation to the Board on the matter. 06 20 74 372 A general discussion followed with Board Members and Mr. Bohn, Counsel for the District, exchanging comments regarding Board general policy on annexation, "open space." impact of density on treatment capacity and 'intergovernmental functions. During the discussion, Mr. Pate addressed the Board and stated while a lawsuit seeking an injunction has been filed opposing the Bryan Ranch project, in his opinion, it had no merit and therefore, he asked the Board to forward the application for annexation to the District to the Local Agency Formation Commission where it would be subject to further hearing. Also addressing the Board was Mrs. Betty Roberts, representing Amigos de Diablo. Mrs. Roberts requested the Board to defer action on the matter. She stated that it was premature to take definiative action in view of pending litigation on the Bryan Ranch project, the validity of its Environmental Impact Report, and a proposed redesign of the project. After discussion, it was the consensus of the Board to èontinue the matter of annexation of the Bryan Ranch project (Devil Mountain) to the meeting of July 11, 1974. Item continued. 3. DISCUSSION PROPOSED BUDGET 1974-75 Mr. Horstkotte, General Manager-Chief Engineer, stated that the proposed budget for Fiscal Year 1974-75, as presented to Board Members, reflects the previously authorized 7-1/2% general salary increase for District employees and eleven individual merit salary increases. However, he said budget item "Professional Services" ($12,900.00) does not reflect the services of Elmer Fox and Company as independent auditor to the District for fiscal year 1974-75. Mr. Horstkotte then recommended that Elmer Fox and Company be retained for the next fiscal year at an estimated additional increase in the budget of $6,500.00.' After discussion, it was the consensus of the Board to entertain a proposal from Elmer Fox and Company to conduct an independent audit of the District for Fiscal Year 1973-74. Board Members reviewed the budget for Fiscal Year 1974-75, as proposed by staff with Mr. Horstkotte recommending that the Board adopt the current .55~ tax rate per $100.00 of assessed valuation. He explained that .3l4~ of this tax rate would finance the operations of the District and the remaining .236~ of the tax rate would be reserved for capital improvements. The tax rate for the District's Bond Fund would approximate .075~ per $100.00 assessed valuation. ,~ A general discussion followed with Board Members and staff exchanging comments regarding the necessity to retain the current .55~ tax rate and the major budgetary items of personnel and equipment. During the discussion, Member Boneysteele read correspondence dated June 10,1974, received from The Orinda Association regarding the Taxpayers' Inquiry meeting of June, 3, 1974, which Member Boneysteele attended as District representative. President Mitchell suggested that the Board consider an arbitrary reduction in the proposed budget by 5 per cent with particular reference to personnel and equipment. After discussion, it was moved by Member Boneysteele, seconded by Member Rustigian, that the proposed operating budget for Fiscal Year 1974-75, which includes a 7-1/2% general salary increase, be adopted and that a .55~ tax rate per $100.00 assessed valuation for Fiscal Year 1974-75, be established. Carried by the following vote: AYES: ABSENT: Members: Member: Gibbs, Boneysteele, Rustigian and Mitchell Allan RESOLUTION NO. 74-98', A RESOLUTION ESTABLISHING SALARY SCHEDULE FOR DISTRICT EMPLOYEES It was moved by Member Boneysteele, seconded by Member Rustigian, that 06 20 74, 373 Resolution No. 74-98 be adopted. Carried by the following vote: AYES: ABSENT: Members: Member: Gibbs, Boneysteele, Rustigian and Mitchell Allan 4. CONCORD CONTRACT NEGOTIATIONS Board Members and Mr. Bohn, Counsel for the District, were provided copies of a June 19,1974, draft Agreement between the District and the City of Concord. As Mr. Bohn had not had the opportunity to review the new draft, President Mitchell scheduled a meeting of the Negotiating Committee for 7:30 o'clock P.M., on July 3,1974. In view of the absence of Member Allan, Member Rustigian was requested to take his place on the Committee. Item continued. 5. COUNTY WATER QUALITY CONTROL STUDY Board Members, staff and Mr. Bohn, Counsel for the District, reviewed and discussed proposed correspondence to be signed by President Mitchell and which would be forwarded to various governmental entities, including Contra Costa County. The correspondence states that the District Board of Directors have decided not to participate in the formation of an East/Central Contra Costa County Wastewater Management Agency. , After discussion, it was moved by Member Gibbs, seconded by Member Rustigian, that the President be authorized to execute the proposed correspondence regarding the County Water Quality Control Study. Carried by the following vote: AYES: ABSENT: Members: Member: Gibbs, Boneysteele, Rustigian and Mitchell Allan President Mitchell requested staff to forward a copy of the correspondence addressed to the Contra Costa County Public Works Director to each individual member of the County Board of Supervisors. RESOLUTION NO. 74-99, A STATEMENT OF POLICY FOR COOPERATION WITH MUNICIPALITIES Mr. Horstkotte, General Manager-Chief Engineer, and Mr. Bohn, reported on a recent meeting held between District staff and officials from the City of Walnut Creek. A discussion ensued with Mr. Bohn reading Resolution No. 74-99 to the Board. After discussion wherein President Mitchell requested Secretary Davis to arrange upon Member Allan's return, a meeting between Board Members, City Councilmen from the City of Walnut Creek and limited staff representatives, it was moved by Member Rustigian, seconded by Member Gibbs, that Resolution No. 74-99 be adopted. Carried by the following vote: AYES: Members: ABSENT: Member: Gibbs, Boneysteele, Rustigian and Mitchell Allan VII. NEW BUSINESS 1. CONSENT ITEMS a. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT It was moved by Member Gibbs, seconded by Member Rustigian', that easements from: Grantor Job No. Parcel No. S. Raciti, et ux A. K. Baca 2365 2506 3 1 06 20 74 374 be accepted and their recording ordered. Carried by the following vote: AYES: ABSENT: Members: Member: Gibbs, Boneysteele, Rustigian and Mitchell Allan 2. RESOLUTION NO. 74-100, A RESOLUTION DIRECTING THE PREPARATION OF A WRITTEN NOTICE, THE GIVING OF NOTICE AND THE HOLDING OF A HEARING WITH RESPECT TO DELINQUENT SEWER SERVICE CHARGES It was moved by Member Rustigian, seconded by Member Gibbs, that Resolution No. 74-100 designating the Hearing with respect to delinquent sewer service charges for July 25, 1974, be approved. Carried by the following vote: AYES: ABSENT: Members: Member: Gibbs, Boneysteele, Rustigian and Mitchell Allan AUTHORIZE EXECUTION OF AGREEMENT WITH CONTRA COSTA COUNTY, ASSESSMENT DISTRICT 1973-3, SAN RAMON (BISHOP RANCH) 3. After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Boneysteele, seconded by Member Gibbs, that the President and Secretary be authorized to execute Agreement with Contra Costa County, Assessment District 1973-3, San Ramon (Bishop Ranch). Carried by the following vote: AYES: ABSENT: Members: Member: Gibbs, Boneysteele, Rustigian and Mitchell Allan 4. SOLID WASTE RESOURCE RECOVERY STUDY PROGRESS REPORT Mr. James Coe, Engineering Associate, presented a progress report on the 'Solid Waste Resource Recovery Study being conducted by Brown and Caldwell, Engineering Consultant to the District. In his report, Mr. Coe reviewed current technology for solid waste resource recovery and indicated that Brown and Caldwell were most interested in ~ hydro system, the purex system and the CPU 400 system. After explanation by Mr. Coe on each technology, Mr. Horstkotte responded to queries by Member Boneysteele and President Mitchell regarding staff actions to implement various programs as recommended by the District's Advisory Committee on Solid Waste Recycling. 5. CLAIM OF JOHN L. SERTICH IN THE AMOUNT OF $49.40 After explanation by staff, it was moved by Member Gibbs, seconded by Member Boneysteele, that the claim of John L. Sertich in the amount of $49.40 be paid following receipt of a Signed Release in Full Settlement and Compromise. Carried by the following vote: AYES: ABSENT: Members: Member: Gibbs, Boneysteele, Rustigian and Mitchell Allan 6. AUTHORIZE CHANGE OF LABORATORY TECHNICIAN, PERMANENT INTERMITTENT POSITION TO PERMANENT POSITION AND APPOINT PEDRO M. MENDOZA TO LABORATORY TECHNICIAN PERMANENT - After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Boneysteele, seconded by member Gibbs, that the position, Laboratory Technician-Permanent Intermittent be changed to Laboratory Technician Permanent. Carried by the following vote: AYES: ABSENT: Members: Member: Gibbs, Boneysteele, Rustigian and Mitchell Allan 06 20 74 375 RESOLUTION NO. 74-101, A RESOLUTION APPOINTING PEDRO M. MENDOZA TO THE POSITION'OF LABORATORY TECHNICIAN It was moved by Member Boneysteele, seconded by Member Gibbs, that Resolution No. 74-101 be adopted. Ca~ried by the following vote: AYES: ABSENT: Members: Member: Gibbs, Boneysteele, Rustigian and Mitchell Allan 7. AUTHORIZE EXECUTION OF AGREEMENT RELATING TO REAL PROPERTY WITH R. F. KENNEDY, ET UX, JOB NO. 1276, PARCEL 13, SPRINGHILL ROAD, LAFAYETTTE After explanation by staff, it was moved by Member Rustigian, seconded by Member Gibbs, that the President and Secretary be authorized to execute Agreement Relating to Real Property with R. F. Kennedy, et ux, Job No. 1276, Parcel 13, Springhill Road, Lafayette. Carried by the following vote: AYES: ABSENT: Members: Member: Gibbs, Boneysteele, Rustigian and Mitchell Allan 8. AUTHORIZE EXECUTION OF AGREEMENT RELATING TO REAL PROPERTY WITH MORAGA ENTERPRISES, INC., JOB NO. 1567, PARCEL 31, MORAGA Mr. Horstkotte, General Manager-Chief Engineer, requested that this item be withdrawn. No action was taken by the Board. 9. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. 10. INFORMATION CORRESPONDENCE FROM THE CITY OF WALNUT CREEK DATED JUNE 17, 1974 a. The correspondence was noted by the Board. VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Horstkotte reported on the current construction progress of LID No. 54-1 through 54-4. In addition, he stated that the treatment plant holding basin is 90% completed and that conditional authorization to advertise for bids for the treatment plant, schedule SA, phase II, was received June 18, 1974. b. Mr. Horstkotte reported on the current construction progress of the District's Water Reclamation Project. He stated that approximately 42% of the total concrete requirements had been laid. Progress payment to the contractor for the month of May exceeded slightly $2,000,000.00. Total value of work now completed is $11,118,000.00 or 23.6%. However, the Carpenter's strike, with picketing commencing June 18, 1974, has closed down construction. c. In response to query, discussion followed regarding receipt of grant funds and administrative procedures and regulations for investment of District monies. d. Mr. Horstkotte reported on a recent meeting between representatives of District, EBMUD, the Flood Control District, Supervisor James Moriarity and a Mr. Donald Anderson, 1896 School Street, Moraga, regarding creek bank erosion in the vicinity of Mr. Anderson's home. Purpose of the meeting was to explore costs and a solution to the problem. 06 20 74 376 e. Mr. Horstkotte reported that the District's 140 foot main 'line extension with lateral on Las Juntas Way, Walnut Creek cost $2,109.23. Excluding overhead and engineering, Mr. Horstkotte stated the cost for the extension to Mr. William G. Calkins, 150 Las Juntas Way, Walnut Creek amounts to $1,561.03. The balance of the cost will become rebateable to the District upon further use of the sewer installation by others. 2. COUNSEL FOR THE DISTRICT None. 3. SECRETARY a. Mr. Davis provided Board Members with a copy of correspondence dated June 17, 1974, which stated that District representatives would be unable to attend a Taxpayers Inquiry meeting convened by The Moraga Association for this date. b. Mr. Davis reported that staff anticipated a request for garbage rate increase from Valley Disposal Service, Inc. and Diablo Service, Inc. After discussion and assuming data was made available to staff, it was the consensus of the Board to hold a study session on rate increases for the two franchisees on July 25,1974. 4. COMMITTEES a. BAY AREA SEWAGE SERVICE AGENCY Member Gibbs, Member of the Executive and Operating Committees, BASSA, reported on recent activities of BASSA and stated that meetings between BASSA and selected governmental entities were planned later in the year. IX. MATTERS FROM THE FLOOR 1. Member Gibbs reported receipt of correspondence from County Supervisor James Moriarity regarding a slide condition as reported by Mr. Royce Buffington, 154 La Espiral, Orinda. President Mitchell reported that he had visited the site and had discussed the matter with Mr. Buffington. Staff reported that Mr. Buffington was having a study made to determine a permanent solution to the existing slide condition. As such study was anticipated in three weeks, staff desired to defer installation of a drainage pipe on the property until results of the study were known. After cautioning staff that this slide condition should be corrected as soon as practical, President Mitchell displayed pictures which depicted slide conditions existing on Tice Valley Road, Walnut Creek, wherein District sewer were exposed or in jeopardy. President Mitchell requested staff to closely monitor future housing developments with emphasis on enforcement of District standards and specifications on installation of sewage pipe in areas conductive to slide conditions. lines 2. At 10:40 o'clock P.M., President Mitchell declared an executive session to discuss personnel matters. At 10:53 o'clock P.M., President Mitchell reconvened the meeting. X. ADJOURNMENT At 10:54 o'clock P.M., President Mitchell adjourned the meeting to Thursday, July 11, 1974. COUNTERSIGNED: } h '/ . J ,," "¿¡lk~11 ,~L ;;/;1./ ' President of the District Board of the Central Co~tra Costa Sanitary District of Contra Costa County, State of California t:' [¿~ Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 06 20 74