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HomeMy WebLinkAboutBOARD MINUTES 03-01-73 40 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD MARCH 1, 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 March I, 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 FEBRUARY 8, 1973 The Minutes of the meeting of February 8, 1973, are approved as pre- sented. 2. MEETING OF FEBRUARY 15,1973 After comment by Member Mitchell, it was moved by Member Mitchell, seconded by Member Allan, that the Minutes of the meeting of February l5, 1973, be approved after making the following correction: Under "IX. MATTERS FROM THE FLOOR, paragraph a", delete the last sentence of the first paragraph and insert the following: "He suggested that the charge be applicable only to those special users' who derived a commercial service other than human need." Motion correcting the Minutes of the meeting of February 15,1973, carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None 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 specifi- cally made to Sewer Construction Vouchers Numbers l718 to 1733, inclusive, Running Expense Vouchers Numbers 15969 to 16097, inclusive, Local Improve- ment District Number 50 Construction Fund Vouchers Numbers 170 to 173, in- clusive, Local Improvement District No. 51 Construction Fund Voucher Number 29 and Payroll Vouchers Numbers 2774 to 2887, inclusive. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None IV. HEARINGS None. 03 01 73 '+.L V. BIDS None. VI. OLD BUSINESS 1. LOCAL IMPROVEMENT DISTRICT NO. 50 Mr. Horstkotte, General Manager-Chief Engineer, reported that, as a result of rezoning action by the City of Martinez, the number of units to be assessed decreased from 7,611 to 6,928. This results in an increase of $l2.50 per unit from the previous unit of assessment of $98.l5 (new u~it is $l10.65). However, Mr. Horstkotte noted that correspondence of Febru- ary 27, 1973, from Mr. Barry E. Whittaker, Planning Director, City of Martinez, indicated that, through misinterpretation of data provided by the City regarding commercial zoning, the number of units for assessment would have to be further reduced by an additional 89 for a grand total of 6,839. This means the unit of assessment would have to be recalculated to a higher amount than the $110.65 amount unless the Board of Directors made the decision to absorb approximately $11,000.00 that would be removed from assessment. Mr. Horstkotte commented that establishment of a new unit of assessment would require an additional public hearing with an ad- ditional cost of approximately $3,000.00 for posting the new unit of asses- sment to all property owners. After discussion, it was the consensus of the Board that due to the latest reduction in number of units, the amount of unit of assessment would have to be recomputed. After Mr. Horstkotte noted that Board Members had received individual copies of data that per- tained to Local Improvement District No. 50, President Rustigian recessed the meeting at 8:27 o'clock P.M., to permit staff to arrange Local Improve- ment District No. 50 data for Board Members in appropriate sequence. At 8:37 o'clock P.M., President Rustigian reconvened the regular meeting. Board Members, staff and Mr. Jerry Laster, Wilson, Jones, Morton and Lynch, Special Counsel for the District, discussed and exchanged views and comments on the data presented by staff and Local Improvement District No. 50 assessment proceedings to be held on March 15,1973, at a public hearing in Martinez. Item was continued. VII. NEW BUSINESS 1. PRESENTATION OF CERTIFICATES President Rustigian formally presented Certificates of Certification to: Mr. Wayne Masten, Water Pollution Control Operator, Grade IV; Mr. Theodore B. Smith, Water Treatment Works Operator, Grade IV; and to Mr. Orrin P. Lawson, Water Treatment Works Operator, Grade IV. President Rustigian, on behalf of the Board Members, commended individuals concerned for their personal achieve- ment and dedication to the District. 2. CONSENT ITEMS a. AUTHORIZE EXECUTION OF QUIT CLAIM DEED TO GRANT M. WHEELER, ET UX, JOB 2153, PARCEL NO.4 It was moved by Member Boneysteele, seconded by Member Allan, that the President and Secretary be authorized to execute Quit Claim Deed to Grant M. Wheeler, et ux, Job 2153, Parcel No.4. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 03 01 73 4¿ b. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT It was moved by Member Boneysteele, seconded by Member Allan, that easements from: Grantor Job No. Parcel No. Grant M. Wheeler Rebma Calif. Eight, Inc. George C. Grube, et ux Edna B. King Donald C. Anderson, et ux Brian W. Dodd, et a1 Bill T. Thomas, et ux Thomas E. Pavlack, et ux Richard G. Whitehurst, et ux Viking Homes, Inc. Michael B. Caro, et ux 2153 1933 2154 2154 2154 2154 2228 2228 2256 2256 2181 4 R-l 3 - A &B 8 20 29 21 1 2 1 2 1 be accepted and their recording ordered. AYES: NOES: ABSENT: c. Carried by the following vote: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None AUTHORIZE CONFIRMATION OF "AMENDED ASSESSMENT DIAGRAM(S)" AND AUTHORIZE RECORDING OF SAID DIAGRAM(S) It was moved by Member Boneystee1e, seconded by Member Allan, that au- thorization for confirmation of the below "Amended Assessment Diagram(s)" and their recording be approved: Original Assessment No. Amended Assessment No. Apportioned Amount 44-5-4-6 $1,087.68 l,087.68 44-5-4-32 44-5-4-33 Carried by the following vote: AYES: NOES: ABSENT: d. Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None ACCEPTANCE OF EASEMENT FROM WALTER KAITZ, JOB NO. l37lB, PARCEL 15, AT A COST OF $500.00 (PREVIOUSLY AUTHORIZED AND PAID) It was moved by Member Boneysteele, seconded by Member Allan, that ease- ment from Walter Kaitz, Job No. l371B, ParcellS, at a cost of $500.00,pre- vious1y authorized and paid, be accepted and its recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None e. AUTHORIZE CONSENT TO OFFER OF DEDICATION OF PUBLIC ROADS AND SUBORDINATION OF EASEMENT RIGHTS (LONG FORM), JOB NO. 2238, SAN RAMON After comment by Member Mitchell and explanation by staff that Counsel for the District recommended the action, it was moved by Member Boneysteele, seconded by Member Allan, that the President and Secretary be authorized to execute Consent to Offer of Dedication of Public Roads and Subordination of Easement Rights (long form), Job No. 2238, San Ramon. Carried by the fol- lowing vote: AYES: NOES: ABSENT: 03 01 Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 73 ...." 3. ACCEPTANCE OF EASEMENTS FROM CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, JOB NO. 2100, PARCEL 4, WALNUT CREEK, AT A COST OF $100.00 After comment by Member Allan that staff position papers on agenda items should be more explanatory, it was moved by Member Mitchell, seconded by Member Gibbs, that acceptance of easement from Contra Costa County Flood Control and Water Conservation District, Job No. 2100, Parcel 4, Walnut Creek, at a cost of $100.00, be approved and its recording ordered. Car- ried by the following vote: AYES: NOES: ABS'ENT : Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None 4. ACCEPTANCE OF EASEMENT FROM LEON T. DAVID, ET UX, JOB NO. 2154, PARCEL 19, DANVILLE, SUBJECT TO SPECIAL CONDITIONS After explanation of the special conditions by Mr. Bohn, Counsel for the District, and upon his recommendation, it was moved by Member Gibbs, seconded by Member Allan, that easement from Leon T. David, et ux, Job No. 2154, Parcel19, Danvi1le, be accepted subject to special conditions, and its recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and-Rustigian None None 5. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. VIII. REPORTS 1. COMMITTEES a. BAY AREA SEWAGE SERVICES AGENCY Member Gibbs, Member of the Executive Committee, BASSA, reported that the Trustees of BASSA had adopted certain By-laws which had impact upon the functions and responsibilities of BASSA's Executive Committee. He further reported that BASSA was in the process of formulating "Memorandums of Under- - standing" with other governmental entities and that BASSA had requested im- position of a 1/2 cent tax rate to be assessed by Bay Area Counties. The tax rate for Solano County would be based on population and be less than the 1/2 cent rate. Member Gibbs reported that Mrs. Diane Feinstein had submitted her resignation from BASSA. Her replacement was San Francisco Supervisor Robert Mendolsohn. b. ADVISORY COMMITTEE ON SOLID WASTE RECYCLING Member Boneysteele, Chairman of the Advisory Committee, reported that, through information provided by a Committee Member, the Association of' Bay Area Governments' Solid Waste "Action"Committee had scheduled a meeting for March 14,1973. At this meeting, ABAG's consultant firm for implementation of the SPUR demonstration project, Environment Impact Planning Corp., was anticipating competing offers by three separate governmental entities or groups to p~ovide 75 tons of sludge per day and 200 tons of garbage per day for the demonstration project. The thought of EIP Corp. was that Central San would combine with the cities of Antioch and Pittsburg to provide the necessary amount of sludge and garbage for the project. Mr. Bohn, Counsel for the District, and a Member of the ABAG Solid Waste "Action" Committee, reviewed for Board Members present activities and plans regarding the SPUR demonstration project. Board Members, staff and Mr. Bohn, Counsel for the District, discussed the matter, with Mr. Bohn noting that the Regional Water Quality Control Board had given ap- proval for use of the Kaiser Sand and Gravel site in Alameda County as a disposal site, subject to certain environmental considerations. 03 01 73 44 CONTRA COSTA COUNTY SOLID WASTE MANAGEMENT POLICY COMMITTEE c. Member Allan, alternate ex-officio member of the Policy Committee, reported on the Committee's meeting of February 21, 1973. He stated that the Committee explored its role and function and the problems it may expect to encounter. Member Allan indicates that he had encouraged the Committee to adopt an aggressive approach toward implementation of Senate Bill No.5 in order to provide, to the State, leadership ,in the matter. He further re- ported that the Chairman of the Committee, had requested County staff to analyze Senate Bill No.5 in addition to requesting necessary funds from the County for Committee expenses. The Committee Members agreed to make a voluntary tour of disposal sites in the County to familiarize Members with current problems. d. AD HOC COMMITTEE ON DISPOSAL SITES, CENTRAL CONTRA COSTA COUNTY Mr. Bohn, Counsel for the District, reported that the Ad Hoc Committee had met February 22,1973, at the District Offices. He reported that Member Allan had been designated Chairman of the Committee and that, while the initial meeting was organizational in nature, Mr. David Levy, Attorney for the City of Concord, had suggested that the District abandon any further consideration of a proposed District Ordinance to regulate disposal sites. Board Members noted that, by previous action, the Board had tentatively scheduled the first meeting in July, 1973, to reconsider the proposed draft ordinance on disposal sites. e. PERSONNEL COMMITTEE Member Mitchell, Chairman of the Personnel Committee, reported receipt of a staff memorandum regarding establishment of a new eligibility list for Assistant Plant Operator as previously adopted by Resolution 3045 on May 20, 1971. After explanation by staff and discussion by Board Members, it was moved by Member Mitchell, seconded by Member Boneystee1e, ,that the balance of the eligibility list previously established by Resolution No. 3045 be cancelled and that authorization be granted to staff to implement procedures to establish a new eligibility list for Assistant Plant Operator, in accord-, ance with current civil service regulations. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: 'Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None Member Boneystee1e, Member of the Personnel Committee, noted that the Committee was not prepared to report on probationary policy for personnel. Mr. Horstkotte, General Manager-Chief Engineer, provided Board Members with individual copies of a chart prepared by staff depicting a comparison of time intervals for salary step increases for various governmental entities. f. CONTRA COSTA SANITARY DISTRICTS PRESIDENTS' COUNCIL It was noted that the next meeting of the Presidents' Council was scheduled for March l4, 1973, at 6:30 o'clock P.M., at the Holiday Inn, Richmond, California. San Pablo Sanitary District will be host. After discussion, President Rustigian and Member Allan indicated they planned to attend the March 14th meeting with Mr. Bohn, Counsel for the District, being invited to also attend. g. DISCUSSION ON GARBAGE FRANCHISES Member Mitchell suggested the possibility of employment of a negotiator for labor contract negotiations to represent all governmental entities fran- chising collecting agencies in Central Contra Costa County, assuming a joint exercise of powers agreement could be formulated. Discussion followed with President Rustigian suggesting that franchisees be requested to provide the District with a copy of labor's contractual demands as soon as presented to management. ' 03 01 73 45 2. GENERAL MANAGER-CHIEF ENGINEER a. BISHOP RANCH Mr. Horstkotte inquired if Board Policy still favors annexation of the Bishop Ranch development ,to the District. Discussion followed with Board Members noting that current projected treatment plant capacity may be a limiting factor to future annexation of developments of this type. Further, that while it had been previous Board Policy to favor annexation of this development three years ago, staff was requested to make a re- evaluation of the facts and circumstances related to possible annexation of 'this development and its impact upon District treatment plant capacity. Staff report of re-evaluation to be forthcoming. b. AUTHORIZE PAYMENT OF $17.00 FOR EASEMENT FROM JAMES G. HALVERSON, JOB 2l54, PARCEL 30, SAN RAMON After explanation by Mr. Horstkotte, it was moved by Member Gibbs, seconded by Member Allan, that authorization of $17.00 for the granting of an easement from James G. Halverson, Job 2154, Parcel 30, San Ramon, be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None c. AUTHORIZATION FOR STAFF ATTENDANCE FOR A CIVIL ENGINEERING, LAND SURVEYING COURSE NO. 808, FEBRUARY 8 TO MAY 3,1973; UNIVERSITY OF CALIFORNIA, BERKELEY, CALIFORNIA After explanation by Mr. Horstkotte, it was moved by Member Allan, seconded by Member Boneystee1e, that authorization for Mr. Edward Bokinskie to attend Civil Engineering, Land Surveying Course No. 808, February 8 to May 3, 1973, University of California, Berkeley, California, be approved and that authorization of course fees, books and transportation be also approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None d. CLAIM OF MRS. HELEN WULFEKUHLER IN THE AMOUNT OF $94.84 After explanation by Mr. Horstkotte, it was moved by Member Gibbs, seconded by Member Allan, that the claim of Mrs. Helen Wulfekuhler in the amount of $94.84 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 e. STORM DAMAGE Mr. Horstkotte reported that recent storms had caused 14 active slides within the District and that estimated cost for repairs. to the affected areas, including Moraga, was $50,000.00. After query and explanation by Mr. Horstkotte that estimated costs were not included in the District's cur- rent budget and, further, that this type of disaster was not eligible for Federal funds, matter was continued. 3. COUNSEL FOR THE DISTRICT a. Mr. Bohn commented that he is submitting to the Board Members special progress reports on the following activities: ABAG Solid Waste "Action" Committee (1) (2) Contra Costa Solid Waste Management Policy Committee 03 01 7ð 40 (3) Ad Hoc Committee on disposal sites, Central Contra Costa County (4) Alameda Solid Waste Advisory Committee (5) State and Local Government Environmental Guidelines After brief comments on each activity, Mr. Bohn noted that the District is required by the State and the Environmental Protection Agency to adopt its own environmental guidelines by April 4, 1973. b. Mr. Bohn stated that he would be reporting in the future on legis- lative activities that have impact upon local government and the activities of the Governor's special three task forces. He then commented on corres- pondence received from the office of the Lieutenant Governor stating that a meeting was scheduled for March l6, 1973, at the Claremont Hotel, Berkeley, California. Purpose of the meeting was to receive comments from local of- ficials and citizens on how to improve the effectiveness of local government. Member Mitchell noted the limited time factor in the event the District wished to present a statement at the March 16th hearing. c. Mr. Bohn, Board Members and staff then discussed correspondence re- ceived from Mr. Frank Boerger, Consultant to Contra Costa County, regarding formation of a joint exercise of powers agreement among various governmental entities concerning implementation of the County's Water Quality Study. After discussion and exchange of views, Mr. Bohn was requested to prepare and forward correspondence to Mr. Boerger reflecting comments discussed. d. Mr. Bohn noted that the trial period of 90 days previously authorized by the Board wherein he would provide special professional services to the District expired February 28, 1973. Due to the lateness of the hour, Presi- dent Rustigian requested Mr. Bohn to present the matter at a future meeting. Item continued. 4. SECRETARY a. Mr. Davis reported receipt of an acknowledgement to the Board Members from the Claude M. McPhee family on the recent death of Mrs. Frances B. McPhee. b. Mr. Davis provided Board Members with individual copies of corres- pondence from the State Water Resources Control Board regarding designation of the Bay Area Sewage Services Agency as the Bay Area planning agency for water pollution control. c. Mr. Davis provided Board Members with individual copies of corres- pondence indicating that a Town Meeting to consider the regional transporta- tion plan for the Bay Area was scheduled for March l5, 1973, in Concord, California. IX. MATTERS FROM THE FLOOR 1. Board Members discussed activities of the California Association of Sanitation Agencies recent meeting held in San Diego, California. Member Gibbs noted that the Bay Area Sewage Services Agency had joined the Association as an associate member. 2. Member Gibbs commented that, from his observations as a member of the Executive Committee of BASSA, he recommended that the Board Members adopt as District Policy that District audits be rotated amongst qualified firms. Dis- cussion followed with staff being requested to revièw the matter and report back to the Board. Item continued. 03 01 73 x. ADJOURNMENT At 11:15 o'clock P.M., President Rustigian adjourned the meeting. { ,/ .~ / - ./ ~{ / ~'~£-¿{>tL, /.. " ' President of the Dist ict B 'ard of the Central Contra Costa Sanitary District of Contra Costa, County, State of California COUNTERSIGNED: c¡; ¿(/l~(J.JL ~ Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 03 0 ~, .. J '+1 ~:'/ ~'~{ '!I ',;..Þ"