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HomeMy WebLinkAboutBOARD MINUTES 11-02-72 172 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD NOVEMBER 2,1972 The District Board of Central Contra Costa Sanitary District convened in a Regular Session at its regular place of meeting located at 1250 Spring- brook Road, Walnut Creek, County of Contra Costa, State of California, on November 2,1972, at 8:00 o'clock P.M. The meeting was called to order by President Allan. 1. ROLL CALL PRESENT: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan ABSENT: Members: None II. APPROVAL OF MINUTES After comment by Member Mitchell and discussion by Board Members, it was the consensus of the Board to continue the item, "II. APPROVAL OF MINUTES", to the meeting of November 16,1972. In the interval, the Secretary was requested to revise the Minutes of October 26,1972, in accordance with guidance provided by Board Members. EXECUTIVE SESSION At 8:05 o'clock P.M., President Allan declared an Executive Session to discuss a personnel matter. At 8:48 o'clock P.M., President Allan reconvened the Regular Meeting. III. APPROVAL OF EXPENDITURES It was moved by Member Rustigian, seconded by Member Gibbs, that the expenditures, as reviewed by the Expenditure Committee, and as submitted by the Acting General Manager-Chief Engineer, be approved, reference being specifically made to Sewer Construction Vouchers Numbers 1598 to 1625, in- clusive, Running Expense Vouchers Numbers 15316 to 15466, inclusive, Pay- roll Vouchers Numbers 2315 to 2429, inclusive, Local Improvement District No. 50 Construction fund vouchers Numbers 161 to 164, inclusive, and Local Improvement District No. 51 Construction fund vouchers Numbers 22 and 23. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None IV. HEARINGS None. V. BIDS None. V1. OLD BUSINESS 1. STUDY SESSION - DRAFT ORDINANCE ON DISPOSAL SITES Mr. Dalton, Acting General Manager-Chief Engineer, and Mr. Bohn, Counsel for the District, recommended that the Board Members accept the draft District 11 02 72 .i/.J ordinance, dated October 31,1972, as presented by staff, and establish a future date on which the hearing on the draft ordinance would be held. In the interval, staff would have the opportunity to meet with all interested parties in an attempt to resolve controversial items and the interested parties would have an opportunity to review the draft ordinance and prepare appropriate response for the hearing date. After discussion by Board Members and staff, and acknowledgement of communication from the City of Concord on the matter, it was moved by Member Gibbs, seconded by Member Boneysteele, that the draft District ordinance dated October 31,1972, be accepted for consideration for adoption by the Board at a hearing to be scheduled for January 18, 1973. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigirn and Allan None None President Allan acknowledged Mr. George Gordon, Attorney, representing Acme Fill Corporation, in the audience. Mr. Gordon acknowledged the Board's action on scheduling a hearing date and welcomed the opportunity to review and discuss the draft ordinance with the District. He noted that County's general plan on solid waste disposal sites was scheduled for presentation to the County Planning Commission on January 16, 1973. He indicated that, while he had not seen the County's final general plan, the intervening interval may permit opportunity to re- solve any conflicts that may exist between the County's plan and the intent of the District's draft ordinance. Board Members discussed Mr. Gordon's comments with Member Mitchell re- porting that he had attended the recent meeting of the County's Planning Commission wherein the draft of the County's general plan on refuse disposal had been presented. He stated he had presented to the Planning Commission a report on activities of the Sanitary District in the field of solid waste management and the District's interest in protecting the health, safety and welfare of the residents of Central Contra Costa County. Discussion followed regarding Member Mitchell's comments and the concept of the County's general plan with interest being expressed in road access to the Acme Fill disposal site. While Mr. Gordon reviewed previous plans by the County to provide a northerly access route to the Acme Fill site, Mr. Dalton, Acting General Manager-Chief Engineer, noted that current County plans envisaged a southerly access route to the disposal site from the freeway frontage road at the District's treatment plant facility. 2. LOCAL IMPROVEMENT DISTRICT NO. 50 Mr. Dalton, Acting General Manager-Chief Engineer, reported that action by the City of Martinez regarding rezoning of property was on schedule. Mr. Bohn, Counsel for the District, reported progress on final settlement of the contract with the District's contractor was proceeding although there were some legal questions yet to be resolved. 3. HOLDING BASIN, SCHEDULE II After explanation by Mr. Dalton, Acting General Manager-Chief Engineer, it was moved by Member Gibbs, seconded by Member Rustigian, that authorization for $91.58 from the Sewer Construction fund for final settlement of the cost for the Holding Basin, Schedule II, be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None 11 02 72 1. CONSENT ITEMS VIr. NEW BUSINESS ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT It was moved by Member Gibbs, seconded by Member Rustigian, that ease- ments from: Grantor Job No. Parcel No. LID 54-1 16 2154 12 Carried by the following vote: J. Michael Transchel, et ux Joseph F. DeLong, et al be accepted and their recording ordered. AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None 2. CLAIM OF MELANIE M. ROOF IN THE AMOUNT OF $3,908.27 After explanation by Mr. Dalton, Acting General Manager-Chief Engineer, and discussion by Board Members of the staff memorandum, it was moved by Member Rustigian, seconded by Member Gibbs, that the claim of Melanie M. Roof be referred to the District's insurance carrier with District obliga- tion in the matter not to exceed $1,000.00. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None 3. ACCEPTANCE OF EASEMENT FROM PACIFIC GAS AND ELECTRIC AT A COST OF $200.00 After explanation by Mr. Dalton, Acting General Manager-Chief Engineer, discussion by Board Members, and upon the recommendation of Mr. Dalton, it was moved by Member Boneysteele, seconded by Member Rustigian, that acceptance of an easement, District Sewering Project 1926, Parcel 3, from Pacific Gas and Electric be approved at a cost to the District of $200.00 from Sewer Con- struction fund. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None AUTHORIZATION OF ADDITIONAL $26,500.00 FOR WATERSHED STUDIES AND ENGINEERING WORK 4. Mr. Dalton, Acting General Manager-Chief Engineer, explained the request for additional authorization of funds was predicated primarily for administrative purposes and that all funds authorized were eventually recoverable through Water- shed charges. Board Members and staff discussed the matter with interest being expressed that further expenditure of funds of this nature be deferred until the District's financial consultant, Bartle Wells and Associates, could report. After further discussion and explanation by Mr. Dalton, it was moved by Member Gibbs, seconded by Member Rustigian, that authorization of an additional $26,500.00 from the Sewer Construction fund for Watershed Studies and Engineering Work be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None 5. REQUEST OF ORINDA/NORAGA DISPOSAL SERVICE FOR RATE INCREASE, EFFECTIVE JANUARY 1,1973 6. REQUEST OF LAFAYETTE GARBAGE DISPOSAL SERVICE, INC., FOR RATE INCREASE, EFFECTIVE JANUARY 1,1973 The Board acknowledged receipt of correspondence from Orinda/Moraga Dis- posal Service and Lafayette Garbage Disposal Service requesting a rate increase effective January 1, 1973. 11 02 72 1/';) After discussion by Board Members and staff, the Board tentatively scheduled a public hearing to be held on December 7, 1972, to consider the rate increase re- quest. Staff was requested to provide appropriate information and recommendations to permit a study session by the Board at the meeting of November 30,1972. 7. AUTHORIZATION OF $36,190.00 FOR COMBINED SLUDGE PROCESSING PROJECT After explanation by Mr. Niles, Superintendent of Plant Operations, and discussion by Board Members, it was moved by Member Rustigian, seconded by Member Mitchell, that authorization of $36,190.00 from the Sewer Construction fund for the Combined Sludge Processing Project be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None 8. INFORMATION a. CORRESPONDENCE FROM THE ASSOCIATION OF BAY AREA GOVERNMENTS Mr. Dalton, Acting General Manager-Chief Engineer, explained that the cor- respondence from ABAG referred to a project proposed by the City of Concord requesting grant funds to construct a pumping station and an interceptor line to be connected to the District's plant and outfall line. Board Members, staff and Mr. Bohn, Counsel for the District, discussed various ramifications of the proposal, including its relationship to the County's Water Quality Study and its possible impact upon the District in the interim period. After discussion, it was the consensus of the Board that staff prepare a communication for the President's signature indicating District approval of the City's project subject to certain prescribed conditions. b. CORRESPONDENCE FROM CONTRA COSTA COUNTY WATER AGENCY Board Members, staff and Mr. Bohn, Counsel for the District, discussed at length and expressed views regarding the correspondence received from the Contra Costa County Water Agency. Mr. Bohn was requested to prepare certain documents for perusal by the Board. c. OTHER CORRESPONDENCE Board Members noted correspondence received from the Shell Oil Company dated October 26, 1972. 9. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. 10. MATTERS FROM THE FLOOR It was moved by Member Boneystee1e, seconded by Member Gibbs, that, effective this date, sick leave for Mr. Horstkotte, General Manager-Chief Engineer, be terminated and that Mr. Horstkotte resume his regular duties as General Manager-Chief Engineer. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None 11 02 72 J../O 11 VIII. REPORTS 1. COMMITTEES a. PERSONNEL Member Mitchell, Chairman of the Personnel Committee, reported that the Committee had met regarding administrative procedures to be followed to facilitate selection of personnel who had taken written examinations. After discussion, staff was provided Board guidance in the manner of screening of applicants for District positions. b. NEGOTIATING COMMITTEE FOR CITY OF CONCORD Member Mitchell, member of the Negotiating Committee, reported that the Committee had received a copy of the final report by the City of Concord's consultant firm concerning possible consolidation of sewage treatment facili- ties or annexation to the District. Mr. Dalton, Administrative Engineer, reported that staff had been in consultation with the officials of the City of Concord and that staff's effort was oriented toward development of a memorandum of understanding which may result in a contractual form of agreement between Concord and the District. Member Mitchell cautioned staff that it should not be aggressive in seeking early annexation of the City of Concord. Discussion followed with staff indicating it would review the matter in further detail regarding its discussions with officials of the City of Concord. c. AD~ISORY COMMITTEE ON SOLID WASTE RECYCLING Member Boneysteele, Chairman of the Advisory Committee, noted Board Members had a copy of the Minutes of the most recent meeting. He indicated that as his schedule precluded his attendance at the next meeting on November 8, 1972, Mr. Robert R. Grinstead, Vice Chairman of the Committee, would preside and that Member Rustigian had agreed to attend as a representative of the Board. d. BAY AREA SEWER SERVICE AGENCY Member Gibbs, Member of the Executive Committee of BASSA, reported that the agency was attempting to employ the services of a consultant firm. He indicated that the Trustees of BASSA were still in an organizational phase and that employment of a general manager would probably be several months in the future. Member Gibbs stated one of the major concerns for officials of BASSA was to become intimate with present planning for the Bay Area regarding water pollution. 2. GENERAL MANAGER-CHIEF ENGINEER Mr. Dalton, Administrative Engineer, acting for Mr. Horstkotte, General Manager-Chief Engineer, reported the following: a. Recommended the Board Members authorize a charge of $4.00 for each copy for the District's book on Standard Specifications. It was moved by Member Boneysteele, seconded by Member Gibbs, that a charge of $4.00 per copy for the District's Standard Specifications be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None b. Requested authorization for Mr. David Niles, Superintendent of Plant Operations, to attend a sludge disposal seminar sponsored by the Environmental Protection Agency in Anaheim, California, November 13-15, 1972. It was moved 02 72 177 by Member Gibbs, seconded by Member Rustigian, that authorization for Mr. Niles to attend the sludge disposal seminar in Anaheim, California, on November 13-15,1972, be approved and that Mr. Niles be authorized registra- tion fees, per diem, and transportation. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None c. Placement of the sewer line in Rahn Court, Walnut Creek, was com- pleted but the overall project was not complete. d. The District's Advanced Treatment Test Facility had been shut down because modification to the City of Concord's incinerator was necessary. He indicated the cost of converting Concord's incinerator would approximate $7,000.00 to the District, however, such cost was recoverable through grant funds. e. Noted the Board Members had received copies of correspondence from: Special Counsel for the District, Wilson, Jones, Morton and Lynch, dated October 31, 1972; Mt. View Sanitary District, dated October 31,1972; and correspondence by staff to the State Water Resources Control Board. f. Receipt of correspondence from Hacienda Homes, Inc., Orinda, California, a copy of which was provided Board Members. Mr. Dalton, Administrative Engineer, reported that Hacienda Homes, Inc. was desirous of obtaining sewage service from the District. He stated part of the area to be served was presently within the District, however, the Board had previously held a public hearing on this general area and had received majority protest to annexation. In response to the request of Hacienda Homes, Inc., Mr. Dalton requested funds to provide staff prelimin- ary engineering studies for sewering the area. Discussion followed with staff being directed to advise Hacienda Homes, Inc., that their request for sewage service will be considered when the District has received petitions from a majority of the property owners requesting local improvement proceedings and annexation to the District from properties not now within the District. Staff was requested to advise Hacienda Homes, Inc., of administrative procedures for the submission of petitions. g. A meeting before the Local Agency Formation Commission which he had attended regarding sewering the Muir Oaks area. He stated LAFCO had rejected the protest to District Annexation 35 on the basis that the annexation was complete and LAFCO had no further jurisdiction. 3. COUNSEL FOR THE DISTRICT a. Mr. Bohn reported on the current and projected activities as visualized by Mr. Ernest M. Anderson, Patent Counsel, insofar as they relate to the District and its treatment and water reclamation plant expansion project. He indicated that, according to Mr. Anderson, there were several patentable items that should be clarified. Board Members, staff and Mr. Bohn, discussed the matter including the relationship and responsibilities of the District's engineering con- sultant firm, Brown and Caldwell, in designing the District's expanded plant project. It was the consensus of the Board that Mr. Anderson and Dr. David Caldwell appear before the Board at its next meeting to discuss the matter. b. Mr. Bohn suggested that, in the matter of the District's proposed ordinance on disposal sites, a letter be forwarded to Mr. John Clausen, County Counsel, recommending that a sub-committee be formed from the County's 11 02 72 ll'ó newly appointed "Solid Waste Management Policy Committee" to examine the feasibility of a contract or joint exercise of powers agreement with the interested parties. Mr. Bohn suggested representation for the sub-com- mittee should include the District, the County and the City of Concord. Board Members indicated that a cooperative approach was desirable and therefore interposed no objection to Mr. Bohn's suggestion. 4. SECRETARY None. IX. ADJOURNMENT At 11:41 o'clock P.M., President Allan adjourned the meeting. 'Þ-~~ Pr ident of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: l-, J ( Jà.~~~ Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 1 .1 ,(o~. :~...) ti :i ." v....i /.,~. ;1'2