HomeMy WebLinkAboutBOARD MINUTES 02-08-73
26
MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD FEBRUARY 8, 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
February 8, 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 JANUARY 18,1973
After comment by Member Boneysteele, it was moved by Member Mitchell,
seconded by Member Allan, that the Minutes of the meeting of January l8,
1973, be approved after making the following correction:
Under "VIII.
lowing:
REPORTS", delete paragraph 1 c (2) and insert the fol-
{2) Member Mitchell, Chairman of the Personnel Committee, reported
that the Committee was not prepared to present a positive recommendation
on a proposed job classification for the Deputy General Manager-Chief
Engineer". Motion correcting Minutes of January 18,1973, carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneystee1e, Gibbs, Mitchell, Allan and Rustigian
None
None
2.
MEETING OF JANUARY 25,1973
After commenæby Members Boneystee1e and Mitchell, it was moved by
Member Mitchell, seconded by Member Gibbs, that Minutes of the meeting
of January 25, 1973, be approved after making the following corrections:
Under "VI. OLD BUSINESS, paragraph 2", delete the third paragraph
and insert the following:
"As a vote of four members was required to adopt the resolutions,
item was continued."
Under "VI. OLD BUSINESS, paragraph 2", delete the fourth paragraph
and insert the following:
"Upon arrival of Member Gibbs at 9:55 o'clock P.M., and after discussion,
it was moved by Member Mitchell, seconded by Member Boneysteele, that Reso-
lution No. 73-7 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Boneysteele, Gibbs, Mitchell and Rustigian
None
Allan"
Motion correcting 'Minutes of the meeting of January 25, 1973, carried
by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneystee1e, Gibbs, Mitchell, Allan and Rustigian
None
None
02
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73
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III.
APPROVAL OF EXPENDITURES
It was moved by Member Gibbs, seconded by Member Allan, that the ex-
penditures as reviewed by the Expenditure Committee, and as submitted by
the General Manager-Chief Engineer, be approved, reference being specifically
made to Sewer Construction Vouchers Numbers 1691 to 1717, inclusive, Running
Expense Vouchers Numbers 15783 to 15968, inclusive, Local Improvement District
Number 50 Construction fund Vouchers Numbers 168 and 169, Local Improvement
District Number 51 Construction fund Vouchers Numbers 27 and 28 and Payroll
Vouchers Numbers 2660 to 2773, inclusive. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneystee1e, Gibbs, Mitèhel1, Allan and Rustigian
None
None
IV.
HEARINGS
, None.
V.
BIDS
None.
VI.
OLD BUSINESS
1.
LOCAL IMPROVEMENT DISTRICT NO. 50
After explanation by Mr. Bohn, Counsel for the District, and upon his
recommendation, at 8:10 o'clock P.M., President Rustigian declared an Execu-
tive Session to discuss a matter of possible litigation.
At 8:25 o'clock P.M., President Rustigian reconvened the regular meeting.
Upon recommendation of Mr. Bohn, Counsel for the District, it was moved
by Member Mitchell, seconded by Member Gibbs, that authorization in the amount
of $12,500.00 from the Sewer Construction fund for final settlement of the
contract with Engineering Installations, Inc., for Local Improvement District
No. 50, be approved and that authorization be granted for payment of all re-
tentions to Engineering Installations, Inc. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneystee1e, Gibbs, Mi~che1l, Allan and Rustigian
None
None
Mr. Horstkotte, Genera1-Manager-Chief Engineer, reported the following
information:
a. The total construction cost of the Engineering Installations, Inc.,
project would be $389,385.54.
b. The total cost of Local Improvement District No. 50 would be
$2,333,583.20.
c. Contributions to the assessment proceedings is $1,567,000.00; the
balance to assessment is $766,583.20, an increase of $19,563.55 over the
original assessment.
d. Assessment unit is $llO.65, an increase of $12.50 over the original
assessment.
e.
RESOLUTION NO. 73-12, A RESOLUTION ACCEPTING COMPLETION AND
DIRECTING ENGINEER TO FILE NOTICE OF ACCEPTANCE AND COMPLETION,
LOCAL IMPROVEMENT DISTRICT NUMBER 50, SCHEDULE A
Mr. Horstkotte reported that he had signed the "Certification of Com-
, pletion" for Local Improvement District Number 50 this date. Upon the
recommendation of Mr. Horstkotte, General Manager-Chief Engineer, it was
moved by Member Mitchell, seconded by Member Gibbs, that Resolution No.
73-12 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian'
None
None
02
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73
28
Mr.
from the
series),
District
No. 50.
Bohn, Counsel for the District, reported the District had received
City Council of the City of Martinez its Resolution No. 11 (1973
A Resolution Approving Change in the Boundaries of Assessment
and of Maximum Improvement Bond Term, Local Improvement District
RESOLUTION NO. 73-3, A RESOLUTION AMENDING RESOLUTION NO. 1877,
AS AMENDED, itA RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT
IMPROVEMENTS, LOCAL IMPROVEMENT DISTRICT NO. 50"
After explanation by Mr. Bohn, Counsel for the District, it was moved
by Member Mitchell, seconded by Member Gibbs, that Resolution No. 73-3,
adopted by the Board on January 18, 1973, be readopted. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
After explanation by Mr. Bohn, Counsel for the District, it was moved
by Member Mitchell, seconded by Member Gibbs, that the letter from Dr. Glen
Kent, County Health Officer and ex officio Health Officer of the Central
Contra Costa Sanitary District, regarding Local Improvement District No. 50,
be spread in the Minutes. Carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
"February 8,1973
"Central Contra Costa Sanitary District
1250 Springbrook Road
Walnut Creek, California 94596
Re:
Local Improvement District No. 50
"Gentlemen:
"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, for the sanitary sewer facilities refer-
red to in your Resolution No. 73-5, adopted the 18th day of January, 1973,
and for assessing all or a portion of the costs and expenses thereof on a
district or districts shown on the proposed boundary map for the above-
entitled district, attached thereto.
"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,
/s/ Glen W. Kent, M.D.
"County Health Officer and ex officio
Health Officer of the Central Contra
Costa Sanitary District"
02
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73
,
~'1
RESOLUTION NO. 73-13, A RESOLUTION DETERMINING RECEIPT OF HEALTH
OFFICER'S LETTER AND THAT PROCEEDINGS ARE NECESSARY AS A HEALTH
MEASURE, WITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND
HIGHWAYS CODE, LOCAL IMPROVEMENT DISTRICT NO. 50
After explanation by Mr. Bohn, Counsel for the District, it was moved
by Member Mitchell, seconded by Member Gibbs, that Resolution No. 73-13,
be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
RESOLUTION NO. 73-14, A RESOLUTION OF PRELIMINARY APPROVAL OF
ENGINEER'S REPORT, LOCAL IMPROVEMENT DISTRICT NO. 50
After explanation by Mr. Bohn, Counsel for the District, it was moved
by Member Allan, seconded by Member Boneysteele, that Resolution No. 73-l4
be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
RESOLUTION NO. 73-15, A RESOLUTION APPOINTING TIME AND PLACE OF
HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVE-
MENTS, AND DIRECTING NOTICE, LOCAL IMPROVEMENT DISTRICT NO. 50
After explanation by Mr. Bohn, Counsel for the District, it was moved
by Member Gibbs, seconded by Member Mitchell, that Resolution No. 73-15 be
adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
Mr. Horstkotte, General Manager-Chief Engineer, explained that Board
Members would receive additional background information and data for Local
Improvement District No. 50 prior to the hearing date.
AUTHORIZATION TO PAY MR. JOHN BOHN, COUNSEL FOR THE DISTRICT,
FOR PROFESSIONAL SERVICES, LOCAL IMPROVEMENT DISTRICT NO. 50
After explanation by Mr. Bohn, it was moved by Member Boneystee1e,
seconded by Member Gibbs, that authorization to pay Counsel for the
District in the amount of $2,500.00 for professional services from the
Local Improvement District No. 50 fund, be approved. Carried by the fol-
lowing vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
2.
RESOLUTION NO. 73-18, A RESOLUTION ESTABLISHING EMPLOYEE SALARY SCHEDULE
After discussion by Members of the Personnel Committee indicating that
additional information was desired regarding the employee salary schedule
and assurance by staff that any delay in adoption of the Resolution would
have no adverse impact upon individual employees, item was continued.
3.
STATUS REPORT - TREATMENT PLANT
Mr. Horstkotte, General Manager-Chief Engineer, reported the District
expected final approval of plans of its treatment and water reclamation plant
expansion project in approximately two weeks. He indicated that the District
planned to go to'bid on the project April 15,1973, and that the best estimate
on cost is $53,478,000.00.
02
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73
30
1.
VII.
NEW BUSINESS
CONSENT ITEMS
a.
CONFIRM "AMENDED ASSESSMENT DIAGRAMS" AND AUTHORIZE RECORDING
OF SAID DIAGRAMS
Original Assessment No.
Amended Assessment No.
Apportioned Amount
44-6-7-17
44-6-7-18
44-6-7-2l
44-6-7-22
44-6-7-23
$
785.76
392.89
392.89
44-8-1
47-8-4
47-8-5
47-8-6
1,104.76
1,104.76
1,104.77
After explanation by Mr. Horstkotte, General Manager-Chief Engineer,
it was moved by Member Gibbs, seconded by Member Boneystee1e, that authori-
zation for confirmation of Amended Assessment Diagrams and their recording
be approved. Carried by the following vote:
AYES:
NOES:
ABSENT:
b.
Members:
Members:
Members:
Boneystee1e, Gibbs, Mitchell, Allan and Rustigian
None
None
AUTHORIZATION FOR GENERAL MANAGER-CHIEF ENGINEER TO FILE
NOTICE OF COMPLETION ON OFFICE BUILDING EXPANSION 1972
After explanation by Mr. Horstkotte, General Manager-Chief Engineer,
it was moved by Member Gibbs, seconded by Member Boneysteele, that the
General Manager-Chief Engineer be authorized to file Notice of Completion
on Office Building Expansion 1972. Carried by the following vote:
AYES:
NOES:
ABSENT:
2.
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
MORAGA ENTERPRISES, INC., REQUEST FOR WATERSHED CHARGE CREDIT (WS-lO)
After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer,
regarding staff decision on the necessity of continuing to maintain a 12"
sewer line, Local Improvement District No. l7, Moraga Ranch property, and
after discussion by Board Members, it was moved by Member Gibbs, seconded
by Member Allan, that Moraga Enterprises, Inc., be authorized Watershed
Charge Credit (WS-10) in the amount of $ll,800.00. Carried by the following
vote:
AYES:
NOES:
ABSENT:
3.
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
APWA WORKSHOP NO.6 ATTENDANCE
After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer,
that the American Public Works Association Workshop would be held in San
Francisco during February, 1973, it was moved by Member Gibbs, seconded by
Member Boneystee1e, that attendance by two staff personnel be authorized
and that personnel attending be authorized registration fees and transporta-
tion. Carried by the following vote:
AYES:
NOES:
ABSENT:
02
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Members:
Members:
Members:
Boneystee1e, Gibbs, Mitchell, Allan and Rustigian
None
None
73
Jl
4.
SEPTIC TANK TRUCK DUMPING CONTROL
After explanation by Mr. Horstkotte, General Manager-Chief Engineer, and
Mr. Dalton, Deputy General Manager-Chief Engineer, it was moved by Member
Gibbs, seconded by Member Mitchell, that District administrative procedures
be modified to require pre-purchase of truck dump tickets by those desiring
to discharge septic waste at the treatment plant. Carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
VIII .
REPORTS
1.
COMMITTEES
a.
BAY AREA SEWAGE SERVICES AGENCY
Member Gibbs, Member of the Executive Committee, BASSA, reported on a
BASSA meeting held February 7,1973. He indicated that a decision had been
made to request Bay Area Counties to incorporate a BASSA tax rate for fiscal
years 1972-73 and 1973-74. He then reported on activities of BASSA's By-
Laws Committee wherein it is proposed to establish an Operations Committee.
b.
WATER POLLUTION CONTROL FEDERATION ASSOCIATION WORKSHOP,
FEBRUARY 8,1973
Mr. Dalton, Deputy General Manager-Chief Engineer, reported on the Water
Pollution Control Federation Association Workshop held in Los Angeles this
date at which he and approximately 400 others attended. He stated that re-
presentatives from the State and from the Environmental Protection Agency
were present. He indicated that EPA was in the process of revising some
of its administrative procedures, guidelines and regulations. Discussion
of various aspects of Mr. Dalton's report followed.
c.
ADVISORY COMMITTEE ON SOLID WASTE RECYCLING
Member Boneysteele, Chairman of the Advisory Committee, noted that Board'
Members had received a copy of the Minutes for the Committee's last meeting.
A brief discussion followed.
d.
AD HOC COMMITTEE ON DISPOSAL SITES
Mr. Bohn, Counsel for the District, stated the Committee planned to
hold its initial meeting during the week of February 12-16, 1973.
e.
COUNTY SOLID WASTE MANAGEMENT POLICY COMMITTEE
Member Boneysteele, ex officio Member of the County's Solid Waste'Manage-
ment Policy Committee, noted that the Committee planned its next meeting for
9:00 o'clock, A.M., February 21,1973. He indicated that his personal schedule
discouraged daytime meetings. He suggested that if this Policy Committee con-
tinued to adhere to daytime meetings, staff may have to represent the District
at the meetings. Discussion followed with Mr. Bohn, Counsel for the District,
stating that he will be attending the meeting on February 21,1973.
2.
GENERAL MANAGER-CHIEF ENGINEER
a. Mr. Horstkotte reported that Mr. Frank Boerger, Consultant to the
County, planned to present his recommendations to the County Board of Super-
visors in two weeks regarding the Contra Costa County Water Quality Study.
He indicated that, while it appeared the County favored plan B3 and a joint
exercise of powers agreement approach, this should have no impact upon the
District in the event the City of Concord opted for annexation to the District.
Mr. Bohn, Counsel for the District, commented that while the County, District
and various entities are discussing the joint powers approach, the details to
be contained in a joint agreement may differ.
02
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73
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b. Mr. Horstkotte reported that, after consultation with representatives
of the State, the reliability problem for electrical power for the District's
treatment plant expansion project had been resolved satisfactorily.
c. Mr. Horstkotte reported that the firm of Harding, Miller, Lawson and
Associates had been employed to make a soil investigation and engineering study
to resolve slide conditions for the District's Li~e E in Moraga. He indicated
that as Pacific Gas and Electric Company shared the right of way with the
District, costs could be shared.
d.
RESOLUTION NO. 73-16, A RESOLUTION OF APPLICATION FOR THE
ANNEXATION, OF PROPERTIES TO CENTRAL CONTRA COSTA SANITARY
DISTRICT (MARTINEZ AREA)
Mr. Dalton, Deputy General Manager-Chief Engineer, reported that Urich
Oil Company planned construction of an oil refinery which would be partially
located within present boundaries of the District. After explanation by Mr.
Dalton that this was an initial procedure for application to the Local Agency
Formation Commission for annexation of the entire refinery site and discussion
by Board Members, it was moved by Member Boneystee1e, seconded by Member Allan,
that Resolution No. 73-16 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneystee1e, Gibbs, Mitchell, Allan and Rustigian
None
None
3.
COUNSEL FOR THE DISTRICT
a. Mr. Bohn reported that he intends to present the Board Members with
a series of brief periodic progress reports defining the current activities
of the Association of Bay Area Government's Action Counnittee and other entities.
Board Members requested staff to prepare a special binder to incorporate these
reports.
b.
RESOLUTION NO. 73-17, A RESOLUTION REQUESTING THE CONTRA COSTA
COUNTY BOARD OF SUPERVISORS TO ENACT A PROVISION CONCERNING AP-
PORTIONING ASSESSMENTS
'After explanation by Mr. Bohn, that the Resolution pertains to splitting
of lots, it was moved by Member Allan, seconded by Member Gibbs, that Reso-
lution No. 73-17 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneystee1e, Gibbs, Mitchell, Allan and Rustigian
None
None
4.
SECRETARY
a. Mr. Davis presented Board Members with a copy of the District letter
transmitting District Resolution No. 73-11 to the Governor of the State of
California.
b. Mr. Davis was requested to confirm attendance of President Rustigian
and Member Allan at the Contra Costa Sanitary Districts Presidents' Council
meeting on February 13,1973. '
IX.
MATTERS FROM THE FLOOR
a. Member Mitchell expressed concern regarding the application of
District special sewer service charges to governmental and tax-free entities.
Board Members and staff discussed the matter and District Ordinance No. 86
with Mr. Bohn, Counsel for the District, indicating that the matter had been
referred by another entity to the County Counsel for a legal opinion. A
decision by County Counsel will be forthcoming. Item continued.
b. Member Boneysteele commented on the recent activities of the Calif-
ornia Association of Sanitation Agencies. He reported that at its recent
02
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meeting. the Legislative Committee did not have a meeting and that he was
concerned about the effectiveness of the Associations' legislative program.
Discussion followed with Board Members and Mr. Bohn, Counsel for the District,
exchanging views on the recent February 1-3,1973, CASA meeting.
x.
ADJOURNMENT
At 9:55 o'clock P.M., President Rustigian adjourned the meeting.
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.---.' ,I' .-
President' f the Dist ict Bo . d of the
Central Contra Costa S'nitary District of
Contra Costa County, State of California
COUNTERSIGNED:
G Ie) ~V lL'-'l. ~
Secretary of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
, 02
08
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