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HomeMy WebLinkAboutBOARD MINUTES 01-04-73 J. MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT . HELD JANUARY 4, 1973 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 January 4, 1973, at 8:00 o'clock P.M. The meeting was called to order by President Rustigian. On behalf of the Board Members, President Rustigian commended Member Allan for his performance of duty as past President of not only the Sanitary District but also the California Association of Sanitation Agencies. I. ROLL CALL PRESENT: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian ABSENT: Members: None II. APPROVAL OF MINUTES 1. MEETING OF DECEMBER 13,1973 After comment by Member Mitchell, it was moved by Member Gibbs, seconded by Member Allan, that the Minutes of the meeting of December 13,1972, be ap- proved after making the following correction: "Under "VIII. REPORTS, 3.a., COUNSEL FOR THE DISTRICT", first sentence, delete the word 'staffed' and insert 'studied'. Motion approving the Minutes of December 13, 1972, after correction car- ried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 2. MEETING OF DECEMBER 21,1972 Continued III. APPROVAL OF EXPENDITURES It was moved by Member Gibbs, seconded by Member Allan, that the expendi- tures, as reviewed by the Expenditure Committee, and as submitted by the Gen- eral Manager-Chief Engineer, be approved, reference being specifically made to Sewer Construction Vouchers Numbers 1665 to 1690, inclusive, Running Expense Vouchers Numbers 15647 to 15782, inclusive, Local Improvement District Number 50 Construction fund Voucher Number 167 and Local Improvement District Number 51 Construction fund Vouchers Numbers 25 and 26 and Payroll Vouchers Numbers 2545 to 2659, inclusive. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None IV. HEARINGS None. V. BIDS None. 01 04 73 2 VI. OLD BUSINESS 1. LOCAL IMPROVEMENT DISTRICT NO. 50 Mr. Tom McMorrow, resident of Martinez, California, addressed the Board of Directors. He stated that he was quite familiar with the Sanitary District's method and the rationale for basing assessments on 'zoning because of ~is duties as a member of the County Health Department. He then explained that property he owned in Martinez, which was being utilized as single residential, had been zoned by the City as R-3 and, therefore, subject to four assessment units. As other property in proximity had been rezoned from R-3 to R-2 or R-1, and as there was no justification to his knowledge that his property be an exception, he desired the Board Members to be familiar with the circumstances and consider this factor in their pending assessment proceedings. After response by Mr. McMorrow to query by Member Allan, President Rustigian stated the Board of Directors will take the matter into consideration, however, action by the Board on assessments will probably be based on zoning established by the City of Martinez and it would be difficult to make any exceptions. After comment by Mr. Horstkotte, General Manager-Chief Engineer, and Mr. Bohn, Counsel ,for the District, regarding exchange of correspondence between Mr. Bohn and Mr. David Buoncristiani, Attorney, representing Engineering In- stallations, Inc., contractor for the District's pumping station facilities for Local Improvement District No. 50, and upon the recommendation of Mr. Jerry Laster, Wilson, Jones, Morton and Lynch, Special Counsel for the District, President Rustigian declared an executive session at 9:43 o'clock P.M., to discuss a matter of possible litigation. At 10:07 o'clock P.M., President Rustigian reconvened the regular meeting. Mr. Horstkotte, General Manager-Chief Engineer, commented that the cannery in Martinez had'been converted to a warehouse and, therefore, its assessment would be consistent with other property which is based upon benefit to the land. After discussion regarding the applicability of the District's sewer service charge to, for example, Shell Oil Company property, and comment by Mr. Laster that the Board would have to readopt a number of Resolutions on Local Improvement District No. 50, President Rustigian noted that further discussion of Local Improvement District No. 50 was scheduled for the meetings of January 18 and February 8,1973, with a public hearing set for March 15, 1973. 2. RESOLUTION NO. 73-1, A RESOLUTION APPOINTING JACK PATY, ENGINEERING AID I, EFFECTIVE JANUARY 1, 1973 After discussion by Board Members and staff, it was moved by Member Mitchell, seconded by Member Boneysteele, that Resolution No. 73-1 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None 3. COST ESTIMATES FOR CONSTRUCTION OF THE DISTRICT'S TREATMENT AND WATER RECLAMATION PLANT PROJECT Mr. Horstkotte, General Manager-Chief Engineer, intrþduced Dr. David Caldwell and his associate, Mr. David Eisenhauer of Brown and Caldwell, en- gineering consultant firm to the District. ' At the request of Dr. Caldwell, Mr. Eisenhauer provided Board Members with his analysis of comparative cost data for the present plant design utilizing incineration vs. the alternative of using a digestion process. Data included a comparison of initial capital outlay and annual operating costs. He indicated that the digestion process would increase annual operating costs by $400,000.00. Capital outlay cost for the presently designed incineration process would ap-, proximate $14,280,000.00 whereas for the digestion process, cost is estimated at $7,250,000.00. However, if you capitalize the increased annual operating cost for the digestion process at a rate of 5% over a period of 20 years, the total cost for the digestion process would approximate $12,460,000.00. Capital cost for the incineration process could be reduced by $2,700,000.00 by elimina- tion of one furnace in the plant design making total capital outlay for the in- cineration process $11,580,000.00. 01 04 73 3 Board Members queried and discussed with Dr. Caldwell and Mr. Eisenhauer the data presented and various other alternatives. Dr. Caldwell indicated that, with the incineration process, 60 per cent of the lime used could be recycled whereas with the digestion process, 50 tons of lime would be con- sumed daily for the 30 MGD plant. Further, an additional 12 acres of lagoons would be needed for the digestion process which would reduce the holding basin capacity. He indicated that, while additional methane gas would be available through the digestion process, there would be difficulty in transporting the gas to the operating engines. He stated that power requirements for the plant would be essentially the same for either process, and present design incorporates the use of natural gas on an interruptible basis with diesel fuel backup. After discussion of the various alternatives in the design of the treatment plant and its approximate cost at 1973 prices, Board Members and staff exchanged views on alternatives the District might employ to finance its share of the project (approximately $11,000,000.00) for the first stage expansion. " The consensus of the Board was to defer definitive action until the District's financial consultant, Bartle Wells and Associates, presented a report on the District's total financial capabilities and alternate methods of financing the project, including modification of plant design by the engineering consultant. Further, the efforts of Bartle Wells, Brown and Caldwell and Counsel for the District should be closely coordinated in de- fining the District's capabilities for proceeding with the project. President Rustigian expressed the appreciation of the Board Members for Dr. Caldwell's and Mr. Eisenhauer's report. 4. \ CORRESPONDENCE FROM MR. ERNEST M. ANDERSON, PATENT COUNSEL Board Members, staff and Mr. Bohn, Counsel for the District, discussed the correspondence from Mr. Anderson which described procedures the District may wish to adopt in order to ensure that any patentable items that result from the District's research projects are made available to the public free' of charge. Also discussed, with Dr. David Caldwell being invited to parti- cipate, was the desirability of the District to investigate potential in- fringement of existing patents in its current design for its treatment plant expansion project. It was the consensus of the Board that investigation of potential patent infringement was inappropriate and that Dr. Caldwell be authorized to com- municate with Mr. Anderson concerning potential patentable items and the in- tent of the Board Members in the matter. Dr. Caldwell was requested to report back to the Board. Item continued. 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 Boneystee1e, that easements from: Grantor Job No. Parcel No. Donald R. Womack, et ux Ernest E. Schwarz, et ux 2154 2154 23-A &' B 27 be accepted and their recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None 01 ,04 7ij 4 b. AUTHORIZATION TO EXECUTE CONSENT TO DEDICATION OF PUBLIC ROADS TO CONTRA COSTA COUNTY (SHORT FORM) JOB l17l, TRACT M.S. 99-72 It was moved by Member Gibbs, seconded by Member Boneystee1e, that the President and Secretary be authorized to execute Consent to Dedication of Public Roads to Contra Costa County (short form) for Job No. l171, Tract M.S. 99-72. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None c. AUTHORIZATION TO EXECUTE CONSENT TO DEDICATION OF DRAINAGE EASE- MENT TO THE PUBLIC (SHORT FORM) JOB L.I.D. 44-5, TRACT M.S. 139-72 It was moved by Member Gibbs, seconded ~y Member Boneysteele, that the President and Secretary be authorized to execute Consent to Dedication of Drainage Easement to the Public (short form), Job No. L.I.D. 44-5, Tract M.S. l39-72. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None 2. CLAIM OF MRS. R. A. LEA IN THE AMOUNT OF $23.75 After comment by Member Gibbs that staff position papers should document the purpose of claims, it was moved by Member Allan, seconded by Member Mitchell, that the claim of Mrs. R. A. Lea in the amount of $23.75 be paid following receipt of signed Release in Full Settlement and Compromise. Car- ried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 3. CORRESPONDENCE FROM PLEASANT HILL RECREATION AND PARK DISTRICT Board Members, staff and Mr. Bohn, Counsel for the District, discussed correspondence received from the Pleasant Hill Recreation and Park District concerning application of a sewer service charge for tax free entities. Noting that no representative of the Park and Recreation District was present, it was the consensus of the Board to take no definitive action in the applica- tion of sewer service charges to tax free entities. 4. CORRESPONDENCE FROM MR. RAY HORTON Board Members discussed correspondence received from Mr. Horton regarding Board action in granting garbage rate increases effective January 1,1973, for residents serviced by Lafayette Garbage Disposal and Orinda/Moraga Garbage Disposal Service. Secretary Davis was requested to prepare a draft response for signature by the President. Member Mitchell requested a copy of the pro- posed draft. Copies of the signed letter to be sent to recipients of Mr. Horton's letter except for the news media. 5. INVOICE OF JOHN BOHN, $725.54 After explanation by Mr. Bohn, Counsel for the District, it was moved by Member Gibbs, seconded by Member Allan, that the invoice of Mr. Bohn in the amount of $725.54 be authorized for payment. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None ,0'1 04 73 5 6, ORDINANCE 88, AN ORDINANCE AMENDING SECTIONS 12-122, 12-123, AND 12-124 OF THE CODE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT RELATING TO GARBAGE COLtECTION RATES After explanation by Secretary Davis and with Board Members requesting a copy of the Ordinance, it was moved by Member Boneystee1e, seconded by Member Mitchell, that Ordinance 88, "An Ordinance Amending Sections l2-l22, 12-123, and 12-l24 of the Code of the Central Contra Costa Sanitary District Relating to Garbage Collection Rates", be adopted and placed in the official file 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, and shall be effective on January 4, 1973. Carried by the following vote: , AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None 7. INFORMATION a. CORRESPONDENCE FROM INSTITUTE FOR LOCAL SELF GOVERNMENT Board Members noted correspondence received from the Institute for Local Self Government after explanation by Secretary Davis regarding its background on establishing a series of state-wide Clean Water Seminars for governmental officials. b. CORRESPONDENCE FROM CONTRA COSTA COUNTY WATER DISTRICT Mr. Horstkotte, General Manager-Chief Engineer, reported that corres- pondence had been received which provided the District with copies of the Water District's Resolutions No. 72-57 and No. 72-58, which indicate Water District compliance with requirements imposed by the State Water Resources Control Board for the granting of State and Federal funds for the Sanitary' District's water reclamation project. 8. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. VIII . REPORTS 1. COMMITTEES President Rustigian designated Member Mitchell to be Chairman of the Negotiating Committee for the City of Concord and the Mt. View Sanitary District with Member Allan also a member. Member Allan was designated member of the Expenditure Committee vice President Rustigian. No change in membership of remaining committees. a. ADVISORY COMMITTEE ON SOLID WASTE RECYCLING Member Boneystee1e, Chairman of the Advisory Committee, reported that the Committee was in the process of formulating its implementation policy statement. As his personal schedule precluded his attendance at the Janu- ary 10 and January 24, 1973, meetings, Member Mitchell and President Rustigian agreed to attend the respective meetings as Board representatives. b. BAY AREA SEWER SERVICE AGENCY Member Gibbs, Member of the Executive Committee, BASSA, reported on a meeting held by the Trustees of BASSA on January 3,1973, concerning a hearing scheduled in Sacramento on Section 2144 of the Clear Water Grant Program. 01 04 73 ó 2. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Horstkotte requested information as to who planned to attend the California Association of Sanitation Agencies' Annual Work Conference in San Diego, February 1-3,1973. Members Boneysteele, Gibbs, and President Rustigian and selected staff, plan to attend, with Mr. Horstkotte making necessary ac- commodation arrangements as appropriate. At 10:30 o'clock P.M., Member Allan excused himself from the meeting due to illness. b. Mr. Horstkotte reported that the claim of Mr. Harney Wilson in the . amount of $3,500.00 and claim of Mr. Kenneth Roof in the amount of $3,700.18 had been' settled by the District's insurance carrier. In each instance, the District,'s maximum obligation was $1,000.00. 3. COUNSEL FOR THE DISTRICT Mr. Bohn reported that Counsel had reached an out of court settlement with Mr. Walter Kaitz, et ux, on condemnation proceedings for grant of tunnel easement on District Sewering Project 1371, ParcellS. This project was com- pleted in 1967. Final settlement cost was $500.00 with an additional $300.00 legal fees, both of which are reimbursable to the District. It was moved by Member Boneystee1e, seconded by Member Gibbs, that pay- ment of $500.00 for tunnel easement for District Sewering Project 1371, Par- cel 15, and $300.00 for legal fees be authorized from the Sewer Construct'ion fund. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneystee1e, Gibbs, Mitchell and Rustigian None Allan 4. SECRETARY a. Mr. Davis reported that the County Board of Supervisors, upon advice of County Counsel, had adopted County Ordinance 72-89, Amending Certain Pro- visions of the Ordinance Code of Contra Costa County relating to Refuse Dis- posal Sites. b. Mr. Davis stated he had responded to correspondence from Mr. Ernest Marriner, City Manager, City of Lafayette, indicating Board action at its meeting of December 21,1973, regarding garbage rate increases for residents of Lafayette. c. Mr. Davis noted that the Annual Work Conference of The California Association of Sanitation Agencies was scheduled for February 1-3, 1973, in San Diego. As this conflicts with the regular Board Meeting scheduled for February 1, 1973, he suggested the Board reschedule the meeting to February 8, 1973. It was moved by Member Gibbs, seconded by Member Boneystee1e, that the regular meeting of February 1, 1973, be rescheduled for February 8,1973, due to lack of quorum on February 1, 1973. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneystee1e, Gibbs, Mitchell and Rustigian None Allan d. Mr. Davis noted that the Federal Government was sponsoring a seminar on January 8, 1973, in San Francisco on audit standards for recipients of federal grant funds. It was the consensus of the Board that Mr. Plourde, or his representative, attend the ,seminar. e. Mr. Davis reported that the Contra Costa Sanitary District Presidents' Council, hosted by Mt. View Sanitary District, planned to meet on February 13, 1973, at the Holiday Inn, Concord, California. As acting President of the Council, Mr. Allan and current President Rustigian are cordially invited to attend. 01 04 73 I f. Mr. Davis reported that the Board of Directors of Mt. View Sanitary District had requested confirmation on the date of a joint Board of Directors meeting with Central San. The date of February 6, 1973, was suggested with the meeting to be held at the District offices. It was the consensus of the Board that February 6,1973, was acceptable. Mr. Davis was requested to notify Mt. View Sanitary District. IX. MATTERS FROM THE FLOOR 1. Member Boneysteele commented on a legislative position previously adopted by The California Association of Sanitation Agencies in regard to formulation of a State Resources Control Agency, to include the State Water Resources Con- trol Board and the State Air Pollution Control Board. It was the consensus of the Board to support such action with Member Boneystee1e authorized to represent the District on this matter. 2. President Rustigian requested staff forward a congratulatory letter to Mr. Paul Soltow for his appointment as General Manager of The Bay Area Sewer Services Agency. 3. Member Mitchell reported on a City Council of Pleasant Hill meeting which he had attended. One of the matters discussed was solid waste wherein concern was expressed on rising labor costs for collecting agencies and their impact upon garbage rates and the public. Member Mitchell stated he participated in the discussion, explaining the District's purpose in considering adoption of an ordinance regulating disposal sites and also suggested the possibility of cooperative action by the various franchising agencies in the matter of rising costs for collection of solid waste. x. ADJOURNMENT At 10:50 o'clock P.M., President Rustigian adjourned the meeting. Preside t of the Dist ict ard of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: r:¿' (~h)Cl'L\-c.\ Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 01 04 73