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HomeMy WebLinkAboutBOARD MINUTES 05-03-73 93 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD MAY 3, 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 May 3,1973, at 8:00 o'clock P.M. The meeting was called to order by President Rustigian. I. ROLL CALL PRESENT: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian ABSENT: Members: None II. APPROVAL OF MINUTES 1. MEETING OF MARCH 15,1973 Item continued. 2. MEETING OF APRIL 5, 1973 After comment by Member Mitchell, it was moved by Member Mitchell, seconded by Member Gibbs, that the Minutes of the meeting of AprilS, 1973, be approved after making the following corrections: Under "IV. HEARINGS, PARAGRAPH 2, REQUEST FOR GARBAGE RATE INCREASE, VALLEY DISPOSAL SERVICE, INC.", penultimate sub-paragraph, delete the last sentence and insert the following: "After discussion, with Board Members exchanging comments on the rate structure, and with no person in the ...audience other than management desiring to speak on the matter, it was moved by Member Gibbs, seconded by Member Mitchell, that the type of garbage service authorized for Valley Disposal Service, Inc., be increased to include weekly pickup at the curb of one additional can of garden trimmings (total authorized, 2 cans) at the same rates for garbage service as proposed by staff for 1 can garden trimmings service, be authorized effective April 1, 1973, and that the action of the Board be reflected in a District Ordinance to be adopted. Carried by the following vote:" Under "VIII. REPORTS, PARAGRAPH 3, COUNSEL FOR THE DISTRICT", penultimate line, insert after "Ordinance 89" the following: "Environmental Impact Statement Guidelines". Motion corre~ting the Minutes of the meeting of AprilS, 1973, carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None 3. MEETING OF APRIL 13, 1973 Approved as presented. 4. MEETING OF APRIL 19, 1973 After comment by Members Boneysteele and Mitchell, it was moved by Member Gibbs, seconded by Member Allan, that the Minutes of the meeting of April 19, 1973, be approved after making the following corrections: 05 03 7~ 94 Under "IV. HEARINGS, LOCAL IMPROVEMENT DISTRICT NO. 50", page 3, first line, after "Mr. W. G. Sheppard", insert the following: "Church of Latter Day Saints". Under "IV. HEARINGS, LOCAL IMPROVEMENT DISTRICT NO. 50", second paragraph, fourth line, after "and that", insert the following: "because of staff error on this assessment that". Under "VII. NEW BUSINESS, PARAGRAPH 4, ENVIRONMENTAL IMPACT ASSESSMENT FOR JOB 2300, ARNOLD INDUSTRIAL HIGHWAY", delete the sentence and insert the following: "Item was withdrawn after Mr. Horstkotte, General Manager-Chief Engineer, explained that Contra Costa County in previous action had approved the Environ- mental Impact Statement for Job 2300 and therefore no action by the District was necessary." Under "IX. MATTERS FROM THE FLOOR, PARAGRAPH 3, SPECIAL 'SERVICE CHARGE", after the first sentence, insert the following: "Member Mitchell reaffirmed his recommendation to exclude all public agencies from'service charges as presently constituted." Motion correcting the Minutes of the meeting of April 19,1973, carried by the following vote: AYES: NOES: ABSENT: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian Members: None Members: None' III. APPROVAL OF EXPENDITURES It was moved by Member Gibbs, seconded by Member A~lan, that the expenditures 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 1753 to 1784, inclusive, Running Expense Vouchers Numbers l626l to 16419, inclusive, Local Improvement District Number 50 Construction Fund Vouchers Number 179 to 183, inclusive, and Payroll Vouchers Numbers 3002 to 3115, 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. VI. OLD BUSINESS 1. DISCUSSION OF SPECIAL SERVICE CHARGE Mr. Bohn, Counsel for the District, reported that the County Counsel, in a proposed legal opinion, had ruled that it was discriminatory for the District to levy a special service charge on public agencies solely because these agencies were not on the tax role. Mr. Bohn explained that the District may levy a special service charge on all users of the sewage system including public agencies and it could also levy a special service charge only on those users that impose a special burden on the sewage system. It was moved by Member Mitchell, seconded by Member Gibbs, that staff be directed to refund all special service charges received from public agencies. Staff requested clarification of the proposed action and administrative guidance on implementation prior to polling the Board Members on the motion. 05 03 73 95 Board Members, staff and Mr. Bohn discussed the manner in which refund of special service charges should be made and to which public agencies the refunds were to be applicable. After discussion, it was moved by Member Boneystee1e that the motion before the Board be tabled. Motion failed for lack of a second. Mr. Bohn noted that District Ordinance 86 which specifies that a special service charge ,be levied upon public agencies would have to be amended. Member Allan suggested that staff be directed not to further bill public agencies at this time and that the matter of refund of charges and amendment of Ordinance 86 be considered at the next meeting. Member Mitchell disagreed and, after further discussion, Member Mitchell amended the Motion made and seconded to read, "within the scope of the legal opinion by County Counsel, staff be dir- ected to refund all, special service charges received from public agencies." After further discussion, and with staff and Mr. Bohn being requested to review Ordinance 86 for amendment by the Board, motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None La. GARBAGE RATES AND SERVICE, DIABLO DISPOSAL SERVICE, INC. Mr. Ken Frank, 26 Bobbie Court, Danvil1e, California, addressed the Board and stated that while he approved of the new service authorized (2 can garden trimmings at curb), he had received no prior notice of the service. As a consequence, he did not utilize it for the month of April although the collecting company had billed him for the service. Secretary Davis explained that notice of the public hearing on garbage rates and service for Diablo Disposal Service had been posted in the Contra Costa Times and The Valley Pioneer. Further that Ordinance 90 which reflected the Board's action on garbage rates and service had been subsequently duly published in the legal section of the Contra Costa Times. Secretary Davis further explained that when staff became aware that individual notice to residential customers on the new service and rates authorized had not been accomplished, staff directed management of Diablo Disposal to so notify its residential customers. Management reported that special notice on rates and service had been posted by noon on Maý;'2, 1973. After Member Boneystee1e noted that management of Diablo Disposal Service had requested a 35 cent increase for its previous service (1 can garbage picked up in the rear) and discussion on methods of notifying the public on garbage service, it was moved by Member Mitchell, seconded by Member Gibbs, that manage- ment of Diablo Disposal Service on its next billing (July, August, September) be directed to provide a 50 cent credit to all its residential customers for the month of April, 1973, and that Valley Disposal Service, Inc., on its next billing (July, August, September) be directed to provide a lS cent credit to all its residential customers within the Sanitary District for the month of April, 1973. Prior to polling the Members, Member Boneystee1e stated that he had utilized the new service authorized Valley Disposal in the month of April, 1973, and re- commended that Board Members consider and vote on each issue separately. It was then the consensus of the Board to consider each collecting 'company separately. On the motion made and seconded to have management of Diablo Disposal Service, Inc., to provide a credit of 50 cents to all its residential customers on its next billing, it carried by the following vote: AYES: NOES: ABSENT: Members: Member: Members: Boneysteele, Gibbs, Mitchell and Rustigian Allan None Mr. Ken Frank departed after the Board's action. After Members Boneysteele and Gibbs noted that residential customers were familiar with and utilized the garden trimming and major trash pickups service provided by Valley Disposal and after discussion, it was the consensus of the Board not to require management of Valley Disposal Service to provide a 15 cent 05 08 73 96 credit to its residential customers on its next billing. Member Mitchell suggested the Board Members may wish to consider adoption of a method of exempting residential customers who desired tp compose trimmings from being required to pay the additional charges necessary for collection of garden trimmings by the collecting agency. He explained that probably only a small percentage of residents desired to compost their material and that the District Ordinance could be amended to indicate that those desiring to compost material, after proper certification to the District, they would be exempt from the ,ratés,dmþosed for mandatory collection of garden trimmings. Discussion followed with Board taking no definitive action. 2. LOCAL IMPROVEMENT DISTRICT NO. 54-2 (PSA 29) KUSS ROAD, DANVILLE Mr. Horstkotte, General Manager-Chief Engineer, noted Board Members had re- ceived copies of a staff memorandum and correspondence from Mr. Michael T. Stoddard, Tinning and DeLap, Attorneys at Law, regarding Local Improvement District No. 54-2. Mr. Horstkotte noted that staff had previously indicated that there may be public opposition to Local Improvement District No. 54-2. He stated ,the delay in proceedings will result in additional costs as the Improvement District will need re-engineering by the staff. Mr. Horstkotte advised that Mr. Jerry Laster, Wilson, Jones, Morton and Lynch, Special Counsel for the District, recommended that the District proceed with Local Improvement District No. 54-2. Mr. Horstkotte stated that petitions of protest received were not in proper form and that staff had prepared correspondence to so inform Mr. Stoddard. Board Members received a copy of staff's correspondence. Board Members and staff discussed the engineering problems of sewering Local Improvement District No. 54-2 with Mr. Horstkotte utilizing a map of the area for explanation. After discussion, Mr. Horstkotte stated staff would advise on scheduling a date for a public hearing on Local Improvement District No. 54-2. Item continued. 3. ANNUAL AUDIT Mr. Horstkotte, General Manager-Chief Engineer, reported staff was continuing efforts to obtain proposals from two national accounting firms one of which was Ernst & Ernst. He indicated that municipal accounting experience was a limiting factor on consideration of local accounting firms. Board Members and staff dis- cussed the matter with Member Gibbs reporting that the Bay Area Sewage Service Agency employed Elmer Fox & Co., to audit BASSA. After further discussion, it was moved by Member Gibbs, seconded by Member Allan, that the District retain J. S. Plourde as financial and accounting consultant at a monthly fee of $l50.00. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None Staff was requested to continue efforts regarding obtaining the services of an accounting firm to audit the District. Item continued. 4. CONSOLIDATION PROPOSALS WITH CITY OF CONCORD Board Members, staff and Mr. Bohn, Counsel for the District, discussed current status of negotiations with the City of Concord. Mr. Bohn indicated that he had reviewed the District's proposals with staff and that, while he was in agreement with its contents, he would like to see it presented in a different form. Item continued. Subsequent to Board consideration and action on other items on the agenda, Mr. Bohn, after review of the District's consolidation proposals to the City of Concord, suggested that certain revisions be made. Board Members and staff dis- cussed with Mr. Bohn his comments regarding revisions of the proposals and the form of presentation. After discussion, staff and Mr. Bohn were requested to prepare a revised District proposal for consolidation with the City of Concord for P~esident Rustigian's signature. Item continued. 05 03 73 97 5. COUNTY WATER QUALITY CONTROL STUDY Mr. Horstkotte, General Manager-Chief Engineer, reported staff had arranged a staff meeting for May 16, 1973, with representative of the County and Mr. J. Gilbert, Gilbert and Associates, Engineering Consultant to the District. Board Members complimented staff on the arrangements and manner in which the meeting of May 1,1973, with representatives from the County, had been conducted. Item continued. VII. NEW BUSINESS 1. CONSENT ITEMS a. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT It was moved by Member Allan, seconded by Member Gibbs, that easements from: Grantor Job No. Parcel No. Robert J. Bailey, 'et ux Central Bank, N. A. W. R. Graham, et ux G. A. Richard, et ux Dame - Stewart Development Co. William E. Adams, et ux 2289 2224 2155 (LID 54-3) 2155 (LID 54-3) 2313 2313 1 1 4 4 1, 2, 3 4 be accepted and their recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None b. CONFIRM "AMENDED ASSESSMENT DIAGRAM(S)" AND AUTHORIZE RECORDING OF SAID DIAGRAM(S): It was moved by Member Allan, seconded by Member Gibbs, 'that authori- zation for confirmation of the below "Amended Assessment Diagram(s)", and their recording be approved: Original Assessment No. Amended Assessment No. Apportioned Amount 43-5-20 - 2 & 14 43-5-20-22 43-5-20-23 $1,003.78 1,003.78 c. AUTHORIZE ACCEPTANCE AND EXECUTION OF INDENTURE AGREEMENT FROM SOUTHERN PACIFIC TRANSPORTATION CO., JOB NO. 2278, ALAMO It was moved by Member Allan, seconded by Member Gibbs, that the President and Secretary be authorized to execute Indenture Agreement from Southern Pacific Transportation Co., Jo~ No. 2278, Alamo. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None 2. DISTRICT ANNEXATION NO. 39 RESOLUTION NO. 73-37, A RESOLUTION OF APPLICATION FOR THE ANNEXATION OF PROPERTIES TO CENTRAL CONTRA COSTA SANITARY DISTRICT After explanation by Mr. Horstkotte, General Manager-Chief Engineer, that an additional twelve petitions had been received from residents of the Muir Oaks area requesting annexation to the District and that all residents in District Annexation 39 had petitioned for annexation, it was moved by Member Boneystee1e, seconded by Member Allan, that Resolution No. 73-37 be adopted. Carried by the following vote: 05 03 73 AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 3. AUTHORIZATION FOR $10,000.00 FOR SLIDE REPAIR WORK After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Gibbs, seconded by Member Mitchell, that authorization of $10,000.00 from the Sewer Construction fund for slide repair work be approved. Carried by the following vote: AYES: NOES: ABSENT: 4. Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None ENVIRONMENTAL IMPACT ASSESSMENT, LOCAL IMPROVEMENT DISTRICT 54, SCHEDULES 1 THROUGH 4. After explanation by Mr. Horstkotte, General Manager-Chief Engineer, that environmental impact reports may necessitate the scheduling of public hearings, it was moved by Member Gibbs, seconded by Member Mitchell, that authorization for staff to prepare an environmental impact report for Local Improvement District 54 be approved. Carried by the following vote: AYES: NOES: ABSENT: 5. Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None WATERSHED llA TRUNK SEWER INSTALLATION AGREEMENT WITH WILLIAM T. NEWMAN FOR STECKOLL DEVELOPMENT CORPORATION (SUB 4452) After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer, that staff desir~d to further review the matter, item was continued. 6. DISTRICT AGREEMENT FOR SERVICES OF SPECIAL COUNSEL, WILSON, JONES, MORTON AND LYNCH After discussion by Board Members and clarification of the proposed new agreement by Mr. Bohn, Counsel for the District, it was moved by Member Gibbs seconded by Member Mitchell, that the current agreement with Wilson, Jones, Morton and Lynch, dated May 4,1967, be amended to reflect compensation to be based "on costs exclusive of subventions" vice "on costs exclusive of in- cidental expenses and subventions", and further that the minimum fee is to be "$1,500.00" for an improvement proceeding vice "$750.00". Carried by the following vote: AYES: NOES: ABSENT: 7. Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None CLAIM OF K & D REXALL DRUG STORE IN THE AMOUNT OF $28.00 It was moved by Member Boneysteele, seconded by Member claim of K & D Rexall Drug Store in the amount of $28.00 be ceipt of signed Release in Full Settlement and Compromise. following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, that the paid followingre- Carried by the Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 8. CLAIM OF MELINA E. WAKE IN THE AMOUNT OF $44.25 It was moved by Member Boneysteele, seconded by Member Gibbs, that the claim of Melina E. Wake in the amount of $44.25 be paid following receipt of signed Release in Full Settlement and Compromise. Carried by the following vote: AYES: NOES: ABSENT: 05 03 Members: Members: Members: 73 Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 99 9. AUTHORIZATION FOR FIVE MAINTENANCE PERSONNEL TO ATTEND CONTRA COSTA AREA INDUSTRIAL SAFETY CONFERENCE AT A COST OF $27.50 Upon the recommendation of Mr. Horstkotte, General Manager-Chief Engineer, that an additional six personnel from the Treatment Plant be authorized to at- tend the safety conference, it was moved by Member Boneystee1e, seconded by Member Gibbs, that eleven District personnel be authorized to attend the Contra Costa Area Industrial Safety Conference at a cost of $60.50. Carried by the follo~ing vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None VIII . REPORTS 1. COMMITTEES a. BAY AREA SEWAGE SERVICES AGENCY Member Gibbs, member of the Executive and Operating Committees, BASSA, gave a brief report on the meeting of May 2,1973, regarding intentions of management. b. CITIZENS ADVISORY COMMITTEE ON SOLID WASTE RECYCLING Member Boneysteele, Chairman of the Advisory Committee, reported on the Committee's meeting of May 2, 1973. He, stated that Member Mitchell had attended the meeting and that the Committee could possibly complete its report in June, 1973, although there was sentiment expressed to continue the Committee as a body. Board Members and Mr. Bohn, Counsel for the District, discussed the Committee's activities and progress on solid waste recycling in relationship to the District's current solid waste management program. c. COUNTY SOLID WASTE MANAGEMENT POLICY COMMITTEE Mr. Bohn, Counsel for the District, reported that he and Mr. Dalton, Deputy General Manager-Chief Engineer, had attended the Policy Committee's recent meeting and assured the Board Members that a staff representative would be present at all future meetings. d. THE CALIFORNIA ASSOCIATION OF SANITATION AGENCIES Member Boneystee1e, member of the Executive and Legislative committees of CASA, reported on a meeting held in Berkeley, California, April 27-28,1973. He stated that legislation (SB 739) had been introduced by Senator Holmdahl authorizing a special district or county service area assuming a program or service previously provided by a city, county or other special district. After ,discussion regarding the role of CASA concerning conflicting positions being adopted by CASA members on proposed legislation, it was moved by Member Boneysteele, seconded by Member Mitchell, that the District adopt a resolution opposing enactment of Senate Bill 739. Prior :.~ö.,'pol1ing:..of' 'the Board Members, Mr. Bohn, Counsel for the District, suggested that the matter be reviewed and that Board Members consider adoption of an informal procedure to inform CASA officials of the District's position on proposed legislation. After discussion, Member Boneysteele withdrew his motion. Mr. Bohn was requested to review SB 739 and then report to Member Allan. e. PERSONNEL COMMITTEE (1) Member Mitchell, Chairman of the Personnel Committee, reported that staff had recommended that the Board Members adopt a dental plan for District Employees and their dependents to be effective July 1, 1973. Board Members were also to be included as participants in the plan. After discussion, staff was requested to provide additional information. Item continued. 05 03 73 100 (2) RESOLUTION NO. 73-38, A RESOLUTION APPOINTING ROBERT RIPPEE, MAINTENANCE MAN I, RANGE 37A ($683.00) After explanation by Mr. Horstkotte, General Manager-Chief Engineer, and Mr. Hinkson, Superintendent of Field Operations, that the position had been authorized in the current budget, it was moved by Member Mitchell, seconded by Member Gibbs, that Resolution No. 73-38 be adopted; appointment to be effective May 14, 1973. Carried by the following vote: AYES: NOES: ABSENT: 2. Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None GENERAL MANAGER-CHIEF ENGINEER a. Mr. Horstkotte and Mr. Dalton, Deputy General Manager-Chief Engineer explained that a watershed charge should be established for an area tributary to Line M and the Martinez sewer system. They recommended a charge of $250.00 per living unit and $500.00 per acre for non-residential use for a period of five years. After discussion, with Member Mitchell indicating that the charge should be greater, it was moved by Member Gibbs, seconded by Member Allan, that the Watershed Trunk Charge, Martinez Basin, be $250.00 per living unit and $500.00 per acre for non-residential use. Carried by the following vote: AYES: NOES: ABSENT: Members: Member: Members: Boneysteele, Gibbs, Allan and Rustigian Mitchell None b. . DECLARATION OF DISTRICT PROPERTY AS SURPLUS Mr. Horstkotte explained that a 1942 Chevrolet 6,1-112 ton truck tractor, Serial Number BV494233, was surplus to District requirements. He requested that the Board Members declare the tractor surplus to District requirements and authorize advertisement of bids on its disposal. It was moved by Member Gibbs, seconded by Member Boneystee1e, that a 1942 Chevrolet 6, l-1/2 ton truck tractor, Serial Number BV494233, be declared surplus to District requirements and authorization to advertise for bids for its disposal be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None c. LlME/SLUDGE STUDY UTILIZING CITY OF CONCORD INCINERATOR Mr. Horstkotte reported that the eight month project is scheduled to commence in July, 1973. In response to query, Mr. Horstkotte and Mr. Niles, Superintendent of Plant Operations, stated that the project is considered a part of the District's treatment and water reclamation expansion project and therefore will receive 80 per cent grant funding. Total cost of the project is to approximate $220,000.00. 3. COUNSEL FOR THE DISTRICT a. RESOLUTION NO. 73-39, A RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION, CONSTRUCTION AND COMPLETION OF CERTAIN PUBLIC IMPROVEMENTS AND AUTHORIZING THE FILING OF CONDEMNATION PROCEEDINGS, TRACT 2065 After explanation by Mr. Bohn that condemnation proceedings were necessary to acquire easements on approximately 14 parcels, Job 30, Tract 2065, A1tarinda Estates, it was moved by Member Allan, seconded by Member Boneysteele, that Reso- lution No. 73-39 be adopted. Carried by the following vote: AYES,: NOES: ABSENT: 05 03 Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None 73 lOl , b. As an informational item, Mr. Bohn and Mr. Hinkson, Superintendent of Field Operations, reported that the District was experiencing sewage maintenance difficulties for over five months with a laundry facility located in Martinez, California. The District has billed the firm for $565.00 for which payment has not been received. 4. SECRETARY None. IX. MATTERS FROM THE FLOOR Board Members reviewed a meeting held with officials from Contra Costa County on May 1,1973, to discuss the County's Water Quality Control Study. x. ADJOURNMENT At 10:13 o'clock P.M., President Rustigian adjourned the regular meeting. >:.þu7,c.d< , Presiden of the Dis Central Contra Costa Contra Costa County, ~"~V rict /ard of the Sanitary District of State of California COUNTERSIGNED: E: J(ú-~ð-J~t Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 05 03 13