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Home My WebLink AboutBOARD MINUTES 02-03-77 973 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD FEBRUARY 3,1977 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on February 3, 1977 at 7:30 P.M. I. ROLL CALL PRESENT: ABSENT: Members: Members: Mitchell, Rustigian and Boneysteele Gibbs (excused) and Allan President Boneysteele indicated that Member Gibbs is still ill and is to be shown as excused. Member Allan arrived at 7:38 P.M. II. APPROVAL OF MINUTES None III. APPROVAL OF EXPENDITURES None IV. HEARINGS None v. BIDS None President Boneysteele requested the Board digress from the agenda to take up items pertaining to those present in the audience. There were no objections. VI1. NEW BUSINESS AUTHORIZATION FOR ONE PARCEL (P.A. 77-10) TO BE INCLUDED IN PENDING ANNEXATIONS TO THE DISTRICT 2. After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Allan, seconded by Member Rustigian, that P.A. 77-10, Danville Area, be approved for inclusion in pending annexation to the District. Motion carried by the following vote: . AYES: NOES: ABSENT: Members: Members: Member: Mitchell, Rustigian, Allan and Boneysteele None Gibbs President Boneysteele reverted to the order of the agenda. VI. OLD BUSINESS AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR DISTRICT SEWERING PROJECT 2069, DOLLIS PARK RD., LAFAYETTE 1. After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Rustigian, seconded by Member Allan, that authorization to file a Notice of Completion for DSP 2769, Dollis Park Park Road, 02 03 77 974 Layfayette, be approved. Motion carried by the following vote: AYES: Members: Mitchell, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Member: Gibbs 2. ACCEPTANCE OF DRAFT ENVIRONMENTAL IMPACT REPORT AND AUTHORITY TO FILE NOTICE OF INTENT FOR THE BOLLINGER CANYON SEWER PROJECT DSP 2252, STATE PROJECT NO. C-06-1312, SAN RAMON AREA Mr. Horstkotte, General Manager-Chief Engineer, explained to the Board that the District has received a Step I Grant from the EPA for the above project. The procedures have now been completed and are ready for EPA approval. Therefore, it is necessary that the Draft EIR be accepted. President Boneysteele queried staff as to the cost of the ErR. Mr. Dalton, Deputy General Manager-Chief Engineer, stated the ErR will cost $18,000, but since the District has already received the Step I Grant, the District's cost will be approximately 15-20% of that amount. It was moved by Member Mitchell, seconded by t.1ember Rustigian, ¡;hat the following be approved: a. b. Acceptance of Draft Environmental Impact Report Authorization for the General Manager-Chief Engineer to file a Notice of Intent for the Bollinger Canyon Sewer Project DSP 2252 Establish a review period for the Draft EIR of 49 days from February 3rd to March 24th, 1977, and Set a date for a public hearing for Bollinger Canyon DSP 2252 for March 3,1977. c. d. Motion carried by the following vote: AYES: NOES: ABSENT: 3. Members: Members: Member: Mitchell, Rustigian, Allan and Boneysteele None Gibbs ADOPT AN ORDINANCE AMENDING DISTRICT FEES AND CHARGES AS ESTABLISHED BY ORDINANCE 122, DISTRICT CODE, CHAPTER 11, SECTION 101 AND 102 After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Allan, seconded by Member Rustigian, that Ordinance No. 124, an ordinance amending District fees and Charges as established by Ordinance 122, District Code, Chapter 11, Section 101 and 102, be adopted, and that this Ordinance shall be a general regulation of the District and shäll be published once in the Contra Costa Times, a newspaper of general circulation published and circulated in Contra Costa County and shall become effective upon expiration of the week of publication~ February 14, 1977. ORDINANCE NO. 124, AN ORDINANCE AMENDING DISTRICT FEES AND CHARGES, DISTRICT CODE, CHAPTER 11, SECTIONS 101 AND 102 Motion carried by the following vote: AYES: NOES: ABSENT: 4. Members: Mitchell, Rustigian, Allan and Boneysteele Members: None Member: Gibbs PROJECT 5B - RESOLUTION ON AIR QUALITY MAINTENANCE FROM CITIES AND COUNTY Mr. Horstkotte, General Manager-Chief Engineer, explained to the Board that this is a draft resolution proposed for adoption by Cities and County to meet State Water Resources Control Board requirements. It is imperative that the resolution be adopted in order to proceed with 02 03 71 97<5 Stage 5B giant program. Therefore, staff suggests that the Board invite representatives of the Cities and County to a luncheon meeting with an optional tour of the Treatment Plant on February 12, 1977. After discussion, it was the consensus of the Board that a luncheon meeting with an optional plant tour be scheduled for February 12,1977, and instructed staff and Secretary to make necessary arrangements. 5. PROJECT 5B PHASE I - AUTHORIZATION TO ORDER CONSULTANT TO PROCEED WITH FINAL DESIGN OF MODIFIED PLAN Mr. Horstkotte, General Manager-Chief Engineer, explained to Board Members that before the District can qualify for further grant funds on the 5B, Phase I project, final design for Phase II has to be completed. Our Phase II plans should be completed by September 15. Mr. Horstkotte requested Board authorization to direct our consultants, Brown & Caldwell, if the need arises, to proceed with the final design in order to meet the September 15 date. After further query and discussion, it was the consensus of the Board to take no action on this matter at this time. 1. VII. NEW BUSINESS ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING After discussion, it was moved by Member Allan, seconded by Member Rustigian, that the easements, as listed below, be accepted at no cost to the District, and that respective resolutions be adopted and that their recordation be authorized. Grantor Job No. Parcel No. Morgan Flagg, et ux 1541 21 Frederick E. Anderson Jr., et ux 2787 1 Five a Family Trust 1870 2 Russell J. Bruzzone, Inc. 2779 1 RESOLUTION NO. 77-32, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM MORAGAN FLAGG AND CLAIRE E. FLAGG, WALNUT CREEK AREA, (JOB NO. 1541 - PARCEL NO. 21) RESOLUTION NO. 77-33, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM FREDERICK E. ANDERSON, JR. AND PATRICIA D. ANDERSON (JOB NO. 2787 - PARCEL NO.1) RESOLUTION NO. 77-34, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM FIVE A FAMILY TRUST, CONCORD AREA (JOB NO. 1870 - PARCEL NO.2) RESOLUTION NO. 77-35, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM RUSSELL J. BRUZZONE, INC., A CALIFORNIA CORPORATION, MORAGA AREA, (JOB NO. 2779 - PARCEL NO.1) Motion carried by the following vote: AYES: Members: Mitchell, Rustigian, Allan and Boneysteele NOES: Members: None ABSENT: Member: Gibbs 2. AUTHORIZATION FOR ONE PARCEL (P.A. 77-10) TO BE INCLUDED IN PENDING ANNEXATIONS TO THE DISTRICT This item was acted upon earlier in the meeting as first item of business after V. BIDS. 02 03 77 976 3. AUTHORIZATION TO EXECUTE CONSENTS TO DEDICATION OF PUBLIC ROAD After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Mitchell, seconded by Member Rustigian, that authorization to execute consents to dedication for public roads for Job No. 1597 and Job No. 2661 be approved and that resolutions be adopted to that effect. RESOLUTION NO. 77-36, A RESOLUTION TO EXECUTE CONSENT TO DEDICATION OF A PUBLIC ROAD, JOB NO. 1597, PARCEL NO. 20 RESOLUTION NO. 77-37, A RESOLUTION TO EXECUTE CONSENT TO DEDICATION OF A PUBLIC ROAD, JOB NO. 2661, PARCEL NO.2 Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Mitchell, Rustigian, Allan and Boneysteele None Gibbs 4. REVIEW AND APPROVE CERTAIN JANUARY BILLS After explanation, it was moved by Member Allan, seconded by Member Rustigian, that the statement from John A. Bohn, Special Counsel for the District, dated January 27, 1977 in the amount of $1,235 be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Mitchell, Rustigian, Allan and Boneysteele None Gibbs 5. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA None VII I. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Horstkotte advised the Board that Bechtel has completed all of its services with regard to Stage 5A, Phase II. He is now requesting Board authorization to extend the Bechtel Contract (Amendment No.2) to cover engineering services for the auxiliary contract. Board Members queried staff and Mr. Bohn, Special Counsel for the District, on the feasibility of this reQuest. After further discussion, it was the consensus of the Board that the General Manager-Chief Engineer and Special Counsel for the District meet with Bechtel for further study and report back to the Board at a future meeting. b. Mr. Horstkotte requested that Mr. Bohn, Special Counsel for the District, [1avid G. Niles, Manager Plant Operations, and ,~lIbrey Russell, Senior Engineer, be authorized to attend a 3 day sl~ssion regarding contract litigation at Henderson, Nevada. Aftp.r di scuss i on, it was moved by t~ember Allan, seconded by Mer:!ber Rustigian, that one staff member (David G. Niles) and John A. Bohn, Special Counsel for the District, be authorized to attend the contract litigation session on March 15-17, at Henderson, Nevada, including payment of registration, transportation and expenses. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Mitchell, Rustigian, Allan and Boneysteele None Gibbs c. Mr. Horstkotte advised that the contract for Stage 5A, Phase II is 97% complete. 02 03 77 -977 2. COUNSEL FOR THE DISTRICT None 3. SPECIAL COUNSEL FOR THE DISTRICT Mr. Bohn advised the Board that a Notice of Completion has been filed for the 5A, Phase II Contract, Fred J. Early Company, with all the necessary safeguards. Mr. Bohn will present a definitive report at the first meeting in March with the contractor's demands and our counter demands. 4. SECRETARY Mr. Hopkins gave President Boneysteele an excerpt from the March 4, 1976 minutes pertaining to hydrogen peroxide facilities in the Clyde area as had been requested. 5. COMMITTEES PERSONNEL - None SOLID WASTE - Member Mitchell, Chairman of the Solid Waste Committee, reported that he had met earlier with Messrs. Dalton, Coe, Case and Reagan. They propose to ask for the uniform cost accounting reports from the franchisees by March 31, so that we may make the rate adjustment by July 1. If the franchisees are unable to provide the reports by March 31, they may have to wait six months or a year for any adjustment. Special provisions would be made for Pleasant Hill-Bayshore Disposal. IX. MATTERS FROM THE FLOOR President Boneysteele stated that he had been in contact with Member Gibbs and they were of the opinion that the staff should start planning a public relations program (press releases) concerning the District and Treatment Plant. X. AQJOURNMENT President Boneysteele adjourned the meeting at 8:55 P.M. to 9:00 A.M., February 5, 1977. -, ,. / "-. / I ' -' / /."' l' ,",/ ,//, ,/';,.:- .- /~) /í?:f.c."::/ ~{.i.., President of the District 2óard of the Central Contra Costa San~tary District, County of Contra Costa, State of California COUNTERSIGNED: " / 02 03 77