HomeMy WebLinkAboutBOARD MINUTES 01-18-73
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MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD JANUARY 18,1973
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 January 18,
1973, at 8:00 o'clock ,P.M.
The meeting was called to order by President Rustigian.
I.
ROLL CALL
PRESENT:
Members:
Boneystee1e, Gibbs, Mitchell, Allan and Rustigian
ABSENT:
Members:
None
II.
APPROVAL OF MINUTES
1.
MEETING OF DECEMBER 21,1972
To be continued.
2.
MEETING OF JANUARY 4,1973
After comment by Member Mitchell concerning corrections to the Minutes
of the meeting of January 4,1973, item was continued.
III.
APPROVAL OF EXPENDITURES
None.
IV.
HEARINGS
None.
V.
BIDS
None.
VI.
OLD BUSINESS
1.
DISCUSSION OF DRAFT ORDINANCE ON GARBAGE DISPOSAL SITES
Mr. Bohn, Counsel for the District, reviewed for the benefit of Board
Members and the audience, a letter dated January 9,1973, which he had for-
warded to President Rustigian. In this letter, Mr. Bohn stated that he had
communicated with appropriate representatives of the County requesting that
the Board of Supervisors appoint a representative of the Sanitary District
as ex-officio member to the County's Solid Waste Management Policy Committee.
Secondly, that an ad hoc committee be formed to consider solid waste manage-
ment in Central Contra Costa County with primary emphasis on disposal sites.
Composition of the ad hoc committee is to consist of representatives of the
County, City of Concord and Central San.
Mr. Bohn then reported that Supervisor Alfred Dias had scheduled the
first meeting of the County's Solid Waste Management Policy Committee for
this date and that he,had attended the meeting. He reported that, upon
his request, the Committee agreed to nominate to the Board of Supervisors
a representative of the District to be appointed as ex officio member. In
other action, the Committee agreed that three additional dump site opera-
tors be recommended as ex officio members. All ex officio representatives
are non-voting members.
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Concerning the, matter of the ad hoc committee, Mr. Bohn reported that
Supervisor Dias had agreed to the formation of an ad hoc committee to study
solid waste management for the central portion of the County with particular
emphasis on disposal sites. Members to this committee to consist of Super-
visor Dias and Mr. J. L. (Ben) Griffanti of Mt. View Sanitary District and
representatives from the City of Concord, Acme Fill Corporation and Central
San.
Board Members discussed with Mr. Bohn his report in relationship to
the District's draft ordinance on disposal sites. Mr. Bohn stated the next
meeting of the County's Solid Waste Management Policy Committee was scheduled
for 9:30 o'clock A.M., February 21,1973. Member Allan recommended that
Member Boneystee1e be nominated as the District ex officio member to the
Policy Committee. Member Boneysteele stated that his personal schedule
favored evening meetings and, therefore, he thought it appropriate that
an alternate representative be ~ominated.
Member Mitchell agreed that District membership on the Policy Committee
was desirable but suggested that adoption of the draft ordinance on disposal
sites would be still appropriate.
After discussion, it was moved by Member Allan, seconded by Member Gibbs,
that Member Boneysteele be nominated as District ex officio member to the
County Solid Waste Management Policy Committee with Member Allan as altern-
ate representative. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
It was moved by Member Gibbs, seconded by Member Allan, that Member
Allan be appointed as District representative to the ad hoc committee to
be formed to review solid waste management and disposal in the central portion
of the County with Member Boneystee1e to be alternate representative. Carried
by the following vote: '
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneystee1e, Gibbs, Mitchell, Allan and Rustigian
None
None
Board Members, staff and Mr. Bohn, Counsel for the District, discussed
the proposed draft ordinance as related to County action in formulating the
Solid Waste Management Policy Committee and the ad hoc committee to be formed.
Secretary Davis noted that interested agencies had not yet made any formal
comment on the October 31, 1972, draft ordinance. Mr. Bohn stated there has
been some doubt expressed regarding whether the District has the authority to
adopt such ordinance in view of the existent County Ordinance on Solid Waste
and the recently enacted Senate BillS on Solid Waste Management.
President Rustigian invited members of the audience to address the Board.
Mr. George Gordon, Attorney representing Acme Fill Corporation, reiter-
ated his previously expressed opposition to the District adopting an ordinance
regulating disposal sites.
In response to query, Member Mitchell stated that the primary concern of
the District is recycling of solid waste and that, in order to accomplish this,
some form of control must be exercised over disposal sites. He indicated that
he was not convinced that County control of disposal sites would foster solid
waste recycling.
Mr. David Levy, City Attorney, City of Concord, addressed the Board. He
reiterated his previously expressed opposition to the District adopting the
draft ordinance. He suggested that control of disposal sites should be ex-
ercised by the County and not by a special district such as Central San.
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.LV
Board Members, staff, Counsel for the District, and Mr. Roger Bennett, Mt.
View Sanitary District, discussed with Mr. Levy his comments to the Board and
the purpose of the District Board in considering such an ordinance. After the
discussion, it was the consensus of the Board to defer definitive action on
the proposed draft ordinance until the first meeting in July, 1973. In the
interim period, the Board would have the opportunity to review progress reports
by the ad hoc committee to be formed to consider solid waste disposal for the
central portion of the County. Item continued to July, 1973.
2.
LOCAL IMPROVEMENT DISTRICT NO. 50
RESOLUTION NO. 73-2, A RESOLUTION AMENDING RESOLUTION NO. l876 AS
AMENDED, "A RESOLUTION APPROVING MAP OF PROPOSED BOUNDARIES OF AS-
SESSMENT DISTRICT", LOCAL IMPROVEMENT DISTRICT NO. 50
Upon explanation and recommendation of Mr. Jerry Laster ,of Wilson, Jones,
Morton and Lynch, Special Counsel for the District, it was moved by Member
Mitchell, seconded by Member Gibbs, that Resolution No. 73-2 be adopted.
Carried by the following vote:
AYES: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian
NOES: Members: None
ABSENT: Members: None
I
RESOLUTION NO. 73~3,IA RESOLUTION AMENDING RESOLUTIÒN NO. 1877
AS AMENDED, "A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT
IMPROVEMENTS", LOCAL! IMPROVEMENT DISTRICT NO. 50
Upon explanation ~ndl recommendation of Mr. Jerry Laster of Wilson, Jones,
Morton and Lynch, Special! Counsel for the District, it was moved by Member
Mitchell, seconded by Member Gibbs, that Resolution No. 73-3 be adopted.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
RESOLUTION NO. 73-4, A RESOLUTION REQUESTING CONSENT OF THE CITY
COUNCIL OF THE CITY OF MARTINEZ TO A CHANGE IN THE BOUNDARIES OF
ASSESSMENT DISTRICT, LOCAL IMPROVEMENT DISTRICT NO. 50
Upon explanation and recommendation of Mr. Jerry Laster of Wilson, Jones,
Morton and Lynch, Special Counsel for the District, it was moved by Member
Mitchell, seconded by Member Gibbs, that Resolution No. 73-4 be adopted.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
RESOLUTION NO. 73-5, A RESOLUTION REQUESTING THAT THE COUNTY HEALTH
OFFICER AND EX OFFICIO HEALTH OFFICER OF THE CENTRAL CONTRA COSTA
SANITARY DISTRICT RECOMMEND PROCEEDINGS UNDER APPROPRIATE SPECIAL
ASSESSMENT AND ASSESSMENT BOND ACTS, OR OTHER APPROPRIATE PROCEEDINGS,
FOR THE CONSTRUCTION OF A SANITARY SEWERAGE SYSTEM AND APPURTENANCES,
AS NECESSARY AS A HEALTH MEASURE, LOCAL IMPROVEMENT DISTRICT NO. 50
Upon explanation and recommendation of Mr. Jerry Laster of Wilson, Jones,
Morton and Lynch, Special Counsel for the District, it was moved by Member
Mitchell, seconded by Member Gibbs, that Resolution No. 73-5 be adopted.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneystee1e, Gibbs, Mitchell, Allan and Rustigian
None
None
EXECUTIVE SESSION
Mr. Laster commented on negotiations to settle the District's contract
with Engineering Installations, Inc., for Local Improvement District No. 50.
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Upon his recommendation, at 8:58 o'clock P.M., President Rustigian declared
an Executive Session to discuss a matter of possible litigation.
At 9:36 o'clock P.M., President Rustigian reconvened the regular meeting.
It was moved by Member Gibbs, seconded by Member Boneystee1e, that Mr.
Laster be authorized to proceed with contract settlement negotiations with
Engineering Installations, Inc., for Local Improvement District No. 50 based
upon parameters established by the Board. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
In response to query, Mr. Horstkotte, General Manager-Chief Engineer,
stated staff would prepare memoranda regarding Local Improvement District
No. 50 assessment proceedings for Board Members' preliminary perusal in
February with the public hearing scheduled for March 15,1973.
3.
FINANCIAL PLANNING
Mr. Dalton, Deputy General Manager-Chief Engineer, explained to Board
Members the financial plan which he had prepared. He then introduced Mr.
Raymond O'Neil of Bartle Wells and Associates, the District's financial
consultant firm.
Mr. O'Neil proceeded to furnish Board Members with a verbal preliminary
report on the parameters of a financial plan necessary to finance the District's
treatment and water reclamation plant expansion project for the period 1973
through 1984.
He indicated his study had been completed independently of that prepared
by Mr. Dalton and that essentially the District faced a cash flow and manage-
ment of cash problem and which would have to continue to reflect the latest
changes in the project, i.e. escalation costs and new level of grant support.
. He stated that District total sources of revenue were adequate to meet
the District's obligations except for the cash flow problem wherein he had
projected a need to resort to short term borrowing of approximately
$6;000,000.00 with repayment commencing in 1979. He indicated that,
by 1979-1980, District revenue should exceed costs and that, by 1980,
a favorable cash position should exist.
Mr. O'Neil then explained the Waste Water Capital Improvement Fund
wherein the District is required to annually set aside depreciation funds
in excess of capital expenditures. An appro~imate depreciation rate of
4 per cent on plant and 2 per cent on sewage trunk lines had been used
by Dalton and Bartle Wells. He indicated current annual depreciation
amounted to approximately $250,000.00 and that this amount will increase
to approximately $3,800,000.00 on an annual basis. He indicated that this
should not be a problem for the District because it has adequate sources
of revenue.
Board Members and staff discussed with Mr. O'Neil various aspects of
his report clarifying certain points.
After indication by staff that short term funding should commence by
March, 1973, it was the consensus of the Board that the District's engineering
consultant firm, Brown and Caldwell, should proceed in its plant design and
that modifications to this design should not be instituted until the District
has received bids on the project.
President Rustigian expressed to Mr. O'Neil the appreciation of the
Board Members for his report.
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II
4.
PLEASANT HILL RECREATION AND PARK DISTRICT
As no representative from the Pleasant Hill Recreation and Park District
was present in the audience, item was continued.
1.
CONSENT ITEMS
None.
2.
VII.
NEW BUSINESS
CLAIM OF MR. WILLIAM RUSSELL IN THE AMOUNT OF $31.75
After comment by Member Gibbs, regarding installation of an overflow
device, it was moved by Member Boneysteele, seconded by Member Gibbs, that
the claim of Mr. William Russell in the amount of $31.75 be paid following
receipt of a signed Release in Full Settlement and Compromise. Carried by
the following vote:
AYES:
NOES:
ABSENT:
3.
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
CLAIM OF JOHN S. LANCASTER IN THE AMOUNT OF $124.20
It was moved by Member Boneystee1e, seconded by Member Gibbs, that the
claim of John S. Lancaster in the amount of $124.20 be paid following receipt
of a signed Release in Full Settlement and Compromise. Carried by thefol-
lowing vote:
AYES:
NOES:
ABSENT:
4.
Members:
Members:
Members:
Boneystee1e, Gibbs, Mitchell, Allan and Rustigian
None
None
CLAIM OF MRS. ORVILLE DIXON IN THE AMOUNT OF $l26.65
It was moved by Member Gibbs, seconded by Member Boneysteele, that
the claim of Mrs. Orville Dixon in the amount of $126.65 be paid following
receipt of signed Release in Full Settlement and Compromise. Carried by
the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneystee1e, Gibbs, Mitchell, Allan and Rustigian
None
None
AUTHORIZATION OF $720.00 PLUS TRANSPORTATION AND REGISTRATION FOR
CALIFORNIA WATER POLLUTION CONTROL ASSOCIATION ANNUAL CONFERENCE,
MAY 9-12,1973, SAN DIEGO
5.
After discussion by Board Members and staff regarding staff attendance
at the conference and with Mr. Horstkotte, General Manager-Chief Engineer,
indicating he.did not plan to attend, it was moved by Member Allan, seconded
by Member Gibbs, that four staff personnel be authorized to attend and that
personnel attending be authorized per diem, transportation and registration
fees. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneystee1e, Gibbs, Mitchell, Allan and Rustigian
None
None
6.
AUTHORIZATION OF $58.00 PLUS TRANSPORTATION FOR WATER POLLUTION CONTROL
FEDERATION ASSOCIATION WORKSHOP, FEBRUARY 8, 1973, LOS ANGELES'
It was moved by Member Gibbs, seconded by Member Allan, that a staff re-
presentative be authorized to attend the Water Pollution Control Federation
Association Workshop in Los Angeles, February 8,1973, with authorizatioh for
per diem, transportation and registration fees. Carried by the following vote:
AYES:
NOES:
ABSENT:
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Members:
Members:
Members:
73
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
J.j
7.
OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA
None.
VIII.
REPORTS
1.
COMMITTEES
a.
BAY AREA SEWAGE SERVICE AGENCY
Member Gibbs, Member of the Executive Committee, BASSA, reported on a
January 17,1973, meeting of BASSA. He stated that Mr. Paul Soltow, newly
appointed General Manager, was making rapid progress in the development of
organizational charts and job descriptions, and that BASSA would soon be in
a position to employ personnel.
Member Gibbs reported on BASSA's Planning Committee plans and schedule
indicating that it is the present intention to develop a BASSA water pollu-
tion control plan for the Bay Area.
b.
ADVISORY COMMITTEE ON SOLID WASTE RECYCLING
Board Members discussed briefly the progress of the Committee.
c.
PERSONNEL
(1) Member Mitchell, Chairman of the Personnel Committee, reported that
a requirement exists for a clerical position and, after explanation by Mr.
Horstkotte, General Manager-Chief Engineer, it was moved by Member Mitchell,
seconded by Member Boneysteele, that authorization to call for oral and writ-
ten examination for the position of Receptionist-Clerk be approved. Carried
by the following vote:
AYES: Members:
NOES: . Members:
ABSENT: Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
(2) Member Mitchell, Chairman of the Personnel Committee, reported that
the Committee was not prepared to present a positive recommendation on a pro-
posed job classification for the Deputy General Manager-Chief Engineer.
2.
GENERAL MANAGER-CHIEF ENGINEER
a.
RESOLUTION NO. 73-6, A RESOLUTION DECLARING AN EMERGENCY IN NEEDED
REPAIRS ON LINE "E" AT MORAGA AND AUTHORIZING A NEGOTIATED CONTRACT
TO CORRECT SAID EMERGENCY
After explanation by Mr. Horstkotte concerning the circumstances and extent
of the repairs required to Line E, Moraga, it was moved by Member Gibbs, seconded
by Member Boneysteele, that Resolution No. 73-6 be adopted. Carried by the fol-
lowing vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
b. Mr. Horstkotte reported that the Environmental Protection Agency had
accepted the District's application for 75 per cent grant funds with the
State of California contributing an additional 5 per cent for the District's
treatment plant expansion project. Mr. Horstkotte indicated that the District
would receive monthly progress payments after a three month maximum time lag.
He further reported intention to go to bid on the project as soon as possible
after final approval of plans and then reported that the Division of California
Highways had authorized inclusion of the frontage road crossing the District's
treatment plant in the District's contract. Mr. Horstkotte anticipated going
to bid by April 15, 1973, with award being made in June, 1973, to a single
contractor for road and plant.
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c. Mr. Horstkotte reported on a personnel humanitarian problem involving
Mrs. Eileen Heidenreich who is seriously ill and who has exhausted her sick
leave entitlement. After discussion by Board Members, it was moved by Member
Allan, seconded by Member Mitchell, that authorization to extend the sick leave
of Mrs. Eileen Heidenreich until July 31, 1973, providing that the excess of
leave so used will not exceed the amount of vacation leave being transferred
by employees to her account, be approved. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
d. Mr. Horstkotte reported that District Sewering Project 1957 (Rahn
Court, Walnut Creek) was complete except for property clean-up. Pavement
of the street is scheduled for 1974.
e. Mr. Horstkotte reported that the contractor for District Sewering
Project 1926, Acacia Drive, Orinda, was working on installing the wet well
for the pump site. He indicated that 75 per cent of the pipe has been in-
stalled. In response to query, Mr. Horstkotte reported that there had been
no bypass of waste water due to storm drainage.
3.
COUNSEL FOR THE DISTRICT
a. Mr. Bohn reported that he had subscribed on behalf of the District
to a legislative information service which would cost $400.00 per year plus
postage. He explained that this service was essential and that he planned
to allocate two days per month in Sacramento on District business.
b. Mr. Bohn report~d that Governor Reagan had formed three special
task forces to deal with taxes and the economy, criminal procedure and
local governm~nt. He indicated that the latter would have possible impact
upon the District. He indicated that he would submit a written report on
the matter in the near future.
c. Mr. Bohn reported on the method adopted by the Board of Supervisors
to designate Members for the Alameda County Solid Waste Management Committee.
He' stated that he had been appointed a member of the Alameda Committee.
d. Mr. Bohn suggested that the General Manager-Chief Engineer notify,
as soon as possible, Mr. Alfred Dias of the Board's action in nominating
Member Boneysteele as ex officio member to the County's Solid Waste Manage-
ment Policy Committee with Member Allan alternate, and also appointing
Member Allan member to the ad hoc Committee on solid waste disposal with
Member Boneystee1e alternate.
4.
SECRETARY
a. Mr. Davis reported receipt of communication from the City Manager,
City of Lafayette, indicating the possibility that the City Council of
Lafayette may wish to exercise franchise commitments for the collection of
refuse in the City of Lafayette, vice the Sanitary District.
b. Mr. Davis noted 'that a congratulatory letter had been sent by
Mr. Horstkotte, General Manager-Chief Engineer, to Mr. Paul Soltow in
recognition of his appointment as General Manager of the Bay Area Sewage
Service Agency.
c, Mr. Davis noted Board Members had received a proposed draft reply
to a communication from Mr. Raymond L. Horton regarding garbage rate in-
creases recently authorized by the Board for residents serviced by Orinda/
Moraga Disposal Service, Inc.
After comment by Member Mitchell and discussion by Board Members,
Mr. Davis was requested to revise the draft reply for signature by Presi-
dent Rustigian.
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IX.
MATTERS FROM THE FLOOR
None.
X.
ADJOURNMENT
15
At 10:54 o'clock P.M., President Rustigian adjourned the regular
meeting to January 25,1973.
COUNTERSIGNED:
'é~ /<1 J)(ýh ~
Secretary of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
4,~
rict oard of the
Sanitary District of
State of California
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