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HomeMy WebLinkAboutBOARD MINUTES 12-05-74 477 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT DECEMBER 5,1974 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 December 5,1974, at 8:00 o'clock P.M. The meeting was called to order by President Boneysteele. 1. ROLL CALL PRESENT: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele ABSENT: Members: None II. APPROVAL OF MINUTES After comment by President Boneysteele, it was moved by Member Mitchell, seconded by Member Allan, that the Minutes of the meeting of November 21,1974, be approved after the following correction: On page 7 under "Items of Old Business - Dates for Consideration" add the following: "6. Staff report on population equivalents for District Trunks December 26,1974." Motion correcting the Minutes of the meeting of November 21,1974, carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None III. APPROVAL OF EXPENDITURES At the request of Member Mitchell, President Boneystee1e deferred the matter of approval of Expenditures until after New Business Item 7, "Authorize General Manager-Chief Engineer to File Notice of Completion, DSP 2121, Moraga," was first considered by the Board. After discussion regarding Item 7 and Sewer Construction Fund Vouchers No. 2285 and 2293 which represented progress payments to the District's contractor for DSP 2121, it was moved by Member Rustigian, Chairman of the Expenditure Committee, seconded by Member Gibbs, that after review, that expenditures, specifically, Sewer Construction Vouchers Numbers 2283 to 2308 inclusive, Running Expense Vouchers Numbers 19302 to 19458 inclusive, Local Improvement District Vouchers Nos. land 2 inclusive, and Payroll Vouchers Numbers 509 to 633 inclusive, be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Member: Members: Gibbs, Rustigian, Allan and Boneysteele Mitchell None IV. HEARINGS None. V. BIDS None. 12 05 74 478 IV. OLD BUSINESS 1. PROPOSED DRAFT ORDINANCE AMENDING CHAPTER 11) DISTRICT CODE (ANNEXATION AND FIXTURE CHARGES) ORDINANCE NO. 102, AN ORDINANCE AMENDING SECTION 11-203 OF THE DISTRICT CODE Mr. Dalton, Deputy General Manager-Chief Engineer, presented Board Members with a memorandum dated December 4,1974 (Subject: Fixture Charge Adjustment) and memorandum dated November 27,1974 (Subject: Financial Planning - Revision of Revenue Bases), which reflect staff rationale, analyses and recommendations for increasing current District annexation and fixture charges. Discussion followed wherein Board Members queried staff and discussed various aspects of staff '-s analyses to include line sizes, plant capacity, population projections, cash flow requirements and consideration of inflationary costs based upon projection of the San Francisco regional Engineering News Record Cost Index for construction. Mr. Dean LaField, Associated Building Industry of Northern California presented the following statement to the Board. "STATEMENT TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT BOARD OF DIRECTORS ON THE PROPOSED INCREASE IN ANNEXATION AND FIXTURE December 5,1974 CHARGES Mr. President, Members of the Board, for the record my name is Dean LaField, representing the Associated Building Industry of Northern California. Our Association formed a special committee to review the District's "Plan- ning and Financing Study - 1974" and to consider the proposed increase in annexation and fixture charges which is before you now. We want to acknowledge our appreciation of the fact that Mr. Horstkotte and Mr. Dalton took time to meet with our committee to explain the report and answer our questions about it and the proposed increases. With respect to the substantial increases proposed, we have earlier advised you that among our concerns would be those of equity and the impact on the cost of needed shelter and other necessary construction to serve people's needs. We have also advised you before that we were concerned with comments heard during past discussions by your Board along such lines as maybe wanting to discourage growth and setting fees at a level to accomplish such an end. (Those comments have been conveyed to our committee.) Following our discussion of the proposed increases, we have concluded that our position on any increase in annexation fees and fixture charges is not one of approval - but only a conditional and qualified acceptance. Our conditions and qualifications follow: 1. That the District proceed expeditiously to implement the Environmental Quality Charge. 2. That the District consider all available financing and cash flow alternatives) including bonds and borrowing. 3. That the District reaffirm its already existing strong commitment to serve its ultimate service area. That commitment dates from the 1956 Master Plan, and you have "pre-empted the field." 4. That the District offer assurance that its apparent intended course of "coordinating its activities and planning with other utilities and local government units" does not mean undertaking or assuming planning responsibilities for such local governmental agencies - nor attempting to influence such decisions. 12 05 74 479 5. That if annexation and fixture charges are increased, the District's policies provide for adequate notice of such increases and that the effective time of application of any increased charges be clearly defined. (We will be pleased to work with your staff in this respect so that we have a clear understanding of the policies.) Mr. President, Members of the Board, our industry - through such fees and charges as are being discussed - has been and will continue to be a major contributor to, and financial supporter of, your District. We quite properly feel - particularly in view of the ma~ft~~~ðe of this fee increase - that we who will have to pay are entitled to all of the con- siderations specified by us, and, most importantly, to assurance that the District intends to meet the sewer service needs of its present and committed, logical, ultimate service area. That is a major task, and you and your capable staff should not be diverted from that responsibility. It is, after all, the reason for your existence. Our committee, which has reviewed the report and the charge proposal, will continue to function as the "Central Contra Costa Sanitary District Review Committee." It will monitor your District's activities, and also is willing and available to serve as a resource to your Board and the District staff on all matters affecting our industry. President Boneysteele, I have been asked to convey personally to you an invitation from the committee for you to meet with them. This would present an opportunity to get acquainted and to share in discussion of District matters. We will be in contact with you soon after the first of the new year to confirm a mutually agreeable time. Thank you. DPLF:g" Discussion followed regarding the statement by Mr. LaField. President Boneysteele stated that his responsibility was to represent his constitutents and that he did not consider the District's ultimate service area as defined in Brown and Caldwell's 1956 Study as a "commitment" that he must support, especially since he had been elected to the Board in 1967. Each matter on annexation must be considered on its own merits. Member Mitchell stated that he also did not consider the ultimate service area as defined in the 1956 study a "commitment" and he had been a Member of the Board at the time of that Study. In response to comment by Mr. LaField that the District's existence is predicated upon providing sewer service for its ultimate service area, Member Mitchell stated that other limiting factors must be considered such as financial capabilities and treatment plant and sewer line capacities. He indicated that knowledge of the District's limitations and capabilities to provide sewer service should be available to other governmental agencies to assist in their planning decisions. Board Members and staff then discussed the cash flow requirements of the District in relationship to the projected ENR cost index, inflation and current construction project commitments of the District. During the discussion, Member Gibbs stated that the objective is to assure that property owners that decide to annex to the District will pay the total cost for whatever sewage facilities that are necessary to service them. Current taxpayers of the District should not have to contribute to the cost for these new facilities. Mr. Bohn noted that staff had presented alternative methods for the determination of annexation charges for consideration by the Board. One method, based upon accumulated taxes since 1949 and assessed valuation, resulted in an annexation charge of $950.00 per acre. The alternate method reflected cur- rent replacement costs for major sewage facilities such as trunklines and resulted in $789.00 per acre. After discussion relating to the implementation date for establishment of an increase in annexation charges as related to previous Board policy, it was moved by Member Mitchell, seconded by Member Gibbs, that Ordinance No. 102, An Ordinance Amending Section 11-203 of the District Code by establish- ing annexation charges in the amount of $800.00 per acre effective April 1, 1975, be adopted and placed in the official files and Ordinances of the District; and further that said Ordinance shall be published once in the Contra Costa 12 05 74 -------.---.-.----. ..--.. -------.-.----.....-------- ..---------.-..----------- 480 Times, a newspaper of general circulation published and circulated in Central Contra Costa County and shall take effect upon expiration of the week of publication. CarríBd by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs) Mitchell and Boneysteele Rustigian and Allan None Members Rustigian and Allan explained that they had cast negative votes because they consider the effective date for implementation of Ordinance No. 102 (April 1,1975) is precipitous and does not reflect previous District policy. 1. CONSENT ITEMS a. VII. NEW BUSINESS ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT It was moved by Member Allan, seconded by Member Rustigian, that e..as:eroen ts from: Grantor Job No. Parcel No. La Salle Manor, partnership Christensen-Criddle, partnership S. W. Bergren) et ux F. X. Driscoll, et ux 2536 2379 2436 2547 1 2 1 2 be accepted at no cost to the District and their recording ordered. by the following vote: AYES: NOES: ABSENT: 2. Members: Members: Members: Carried Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None CLAIM OF ELWIN E. TARWATER IN THE AMOUNT OF $25.00 It was moved by Member Rustigian) seconded by Member Allan, that the claim of Elwin E. Tarwater in the amount of $25.00 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: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None CLAIM OF RUTH HAWKSWORTH IN THE AMOUNT OF $50.00 It was moved by Member Rustigian, seconded by Member Gibbs, that the claim of Ruth Hawksworth in the amount of $50.00 be paid following receipt of a signed Release in Full Settlement and Compromise. Carried by the following vote: AYES: NOES: ABSENT: 4. Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None CLAIM OF GEORGE L. KOSTA IN THE AMOUNT OF $120.50 It was moved by Member Rustigian, seconded by Member Gibbs, that the claim of George L. Kosta in the amount of $120.50 be paid following receipt of a signed Release in Full Settlement and Compromise. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None At 9:28 o'clock P.M., President Boneysteele recessed the meeting. At 9:35 o'clock P.M., President Boneystee1e reconvened the meeting. 12 05 74 481 AUTHORIZE $12,000.00 FOR INFILATRATION/INFLOW CONTROL CORRECTION PROJECT, 1974-75 5. After explanation by staff regarding the scope of the Infiltration/ Inflow Control Correction Project for 1974-75, and discussion of its technical aspects, it was moved by Member Mitchell, seconded by Member Allan, that authorization of $12,000.00 for implementation of the Infiltration/ Inflow Control recommendations be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 6. AUTHORIZE $1,000.00 REIMBURSEMENT TO EBMUD FOR STABILIZATION ACTIVITY, SAN LEANDRO CREEK, MORAGA Mr. Hinkson, Manager, Maintenance Department, and Mr. Horstkotte, General Manager-Chief Engineer, explained that slide erosion in San Leandro Creek, Moraga, had threatened the District's 24" trunkline and structures in the area. Stabilization activity to correct the condition had been conducted by EBMUD. By previous agreement, the District and other agencies were to participate financially in the project. After discussion wherein Mr. Bohn, Counsel for the District, stated that expenditure of funds for this project represented costs to protect District facilities and did not extend District liability to the corrective stabilization activity performed by EBMUD to correct the slide erosion. It was moved by Member Mitchell, seconded by Member Gibbs, that authorization of $1,000.00 for payment to EBMUD as a cost to protect District facilities, San Leandro Creek, Moraga, be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 7. AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO FILE NOTICE OF COMPLETION, DSP 2121, MORAGA Mr. Horstkotte, General Manager-Chief Engineer, reported that DSP 2121, Line E, Moraga, had been completed. He stated that vitrified clay pipe, purchased by the District's contractor from Interpace Corporation, South San Francisco, had been used for the project. After backfill and inspection of the approximately 1800 foot line, it was determined that several pieces of the clay pipe had cracks on the top and bottom. Corrective action to seal the cracks had been taken and the line was by-passed to permit further inspec- tion in the Spring. Discussion followed between Board Members and staff. Member Mitchell stated that this matter should have been previously brought to the attention of the Board. Mr. Horstkotte explained that he had not considered the matter as meriting the Board's attention as corrective action had been taken. He stated that the pipe met the District's specifications and had been inspected by District personnel. Mr. Horstkotte stated that the District's contractor (Silva's Pipeline, Inc.) had met District specifications for the project and therefore was not responsible. Mr. Bohn, Counsel for the District, noted that in the event the line collapsed, the one year warranty in the contract permitted recourse to Interpace Corporation. Mr. Horstkotte stated that for additional protection, a concrete slab had been installed over the deeper section of the line. Mr. Hinkson, Manager, Maintenance Department, stated that the ability to by-pass sewage lines, particularly based upon our experience in the Moraga- St. Marys area, is advantagious to the District. Based upon his experience, Mr. Hinkson considered the appearance of cracks in clay pipe in this instance not an uncommon matter. After the discussion wherein Mr. Bohn stated that formal acceptance of DSP 2121 by the District initiated the one year warranty period, it was moved by Member Gibbs, seconded by Member Allan, that the General Manager-Chief Engineer be authorized to file Notice of Completion for DSP 2121. Carried by the following vote: AYES: NOES: ABSENT: Members: Member: Members: Gibbs, Rustigian, Allan and Boneysteele Mitchell None 1 C) ~~ 0",,"' 1.--.- "'~. ii_} r»-;' k .' LL ." ..~ 482 .. 8. RESOLUTION NO. 74-146, A RESOLUTION APPOINTING WAYNE MASTEN TO POSITION OF PLANT OPERATOR Member Allan, Chairman of the Personnel Committee, stated that staff recommendations had been reviewed and recommended that Mr. Masten be appointed to the position of Plant Operator. After discussiont it was moved by Member Allan, seconded by Member Gibbs, that Resolution No. 74-146 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Member: Members: Gibbst Mitchell, Rustigian, Allan and Boneysteele None None 9. DISCUSSION OF PRIORITY MATTERS RELATED TO DISTRICT PLANNING Board Members discussed planning matters that should be considered by the Board at the meeting of December 26,1974. After discussion with Mr. Horstkotte, General Manager-Chief Engineer, indicating that Board Members would receive additional data and information related to "Item a" below, it was the consensus of the Board to schedule for the December 26t 1974, planning meeting: a. b. Staff report on population equivalents for District trunks. Pilot program for home separation of solid waste. Secretary Davis was requested to notify former members of the District's Citizens Advisory Committee on Solid Waste Recycling. 10. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. 11. INFORMATION a. President Boneysteele noted that Board Members had received a summarization of a presentation made by Mr. Horstkotte, General Manager- Chief Engineer, to a special section of the Commonwealth Club of California. Mr. Horstkotte, General Manager-Chief Engineer, stated that Board Members had been provided with a memorandum prepared by staff concerning garbage rate analyses with a response by the District's consultant, Mr. J. S. Plourde. Mr. Horstkotte stated that this matter will be scheduled for the meeting of December 19,1974. VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Horstkotte reported current activities undertaken by him, after consultation with President Boneysteele, to repair the District's outfall line. After explanation by Mr. Horstkotte regarding engineering procedures employed to repair the outfall and upon his recommendation, it was moved by Member Gibbs, seconded by Member Rustigian, that authorization of $8,000.00 as cost to repair the outfall line be approved. Carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Gibbs, Mitchell. Rustigian, Allan and Boneysteele None None After comment by Member Mitchell that items of this nature involving funds should appear on the Agenda, President Boneysteele commented that as a matter of policy, items that require a vote by Board Members should be placed on the Agenda. If necessarYt they could be considered under "Other Business Added by Supplemental Agenda." 12 05 74 483 2. COUNSEL FOR THE DISTRICT a. Mr. Bohn reported on negotiations being conducted involving the District, Industrial Tank Corporation, and the Atchison. Topeka and the Santa Fe Railroad Company regarding the granting of a private road crossing over the Santa Fe Railroad tracks at the District's Treatment Plant area. Mr. Bohn gave a brief description of the contract and the background of negotiations. He explained that for various reasons, the conditions imposed by the Santa Fe Company for safeguarding the crossing have escalated necessitating additional funding by the District. One of the additional conditions is annual maintenance costs in the amount of $600.00 for railroad crossing safeguards. After discussion, it was moved by Member Allan, seconded by Member Gibbs, that the President and Secretary be authorized to execute an agreement with the Atchison, Topeka and Santa Fe Railroad for a private road crossing at the District's Treatment Plant Facility at a total cost of $27,552.00 of which amount Industrial Tank Corporation is to pay for one half of this cost and one half of the monthly maintenance cost. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None b. Mr. Bohn reported on current negotiations between staff and repre- sentatives from Pacific Gas and Electric Company concerning construction of a pipeline to provide natural gas on an interruptible basis to the District Treatment Plant Facilities. Mr. Bohn stated that it appeared more advantageous for the District to construct this pipeline rather than P.G.&E. Mr. Horstkotte, General Manager-Chief Engineer, stated that unofficial quotes for construction of such a pipeline ranged from $55,000.00 to $94,000.00. Mr. Horstkotte noted cost for such pipeline would be eligible for grant funds and that by issuance of a change order, the District's contractor could perform the work. After discussion. it was the consensus of the Board that the General Manager-Chief Engineer be authorized to issue a change order for construction of a natural gas pipeline from the District's Treatment Plant Facility, to a connection point with P.G.&E.ts line facility. 3. SECRETARY None. 4. COMMITTEES a. President Boneysteele made the following committee assignments: Personnel: Chainnan; Member Allan Committee Member; Member Gibbs Expenditures: Chairman; Member Rustigian Committee Member; Member Mitchell Solid Waste: Chairman; Member Mitchell Committee Member; Member Rustigian BASSA: Member Gibbs b. BAY AREA SEWAGE SERVICES AGENCY Member Gibbs, Trustee BASSA, reported that representatives attending BASSA's regional meeting on December 11. 1974, would be unable to tour the District's Treatment Plant Facilities. He stated that Board Members and staff were cordially invited to attend the no host dinner-meeting. After discussion wherein President Boneysteele, because of a previous commitment, requested Member Allan to represent the District at the dinner- meeting, it was moved by Member Mitchell, seconded by'Member Allan, that 12 05 74 . -------.--------.---- ------- ---------- .---. ---. 484 Board Members, the General Manager-Chief Engineer, the Deputy General Manager-Chief Engineer, and Managers of the Departments be authorized to attend the BASSA dinner-meeting on December 11,1974, at the District's expense. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None c. Board Members discussed the current activities of the Council on Regional Agencies. IX. MATTERS FROM THE FLOOR 1. Board Members acknowledged an invitation to attend the District's annual Christmas party to be held December 13,1974, in Alamo. 2. President Boneysteele suggested that an additional Board Member accept the invitation extended to President Boneysteele by Mr. Dean LaField, Associated Building Industry, Northern California, to meet with a sub- committee of that organization to discuss topics of mutual interest. Member Mitchell agreed to accompany President Boneysteele to a meeting to be scheduled in January, 1975. 3. President Boneysteele reported that Mr. Mark Siemans, State Coopera- tive Personnel Board, had requested Board policy and guidance concerning the personnel and salary survey being conducted for the District by Mr. Siemans. President Boneysteele then explained to the Board Members the scope of the study as prepared by Mr. Siemans and stated that he had instructed Mr. Siemans to incorporate within his salary study as a compara- tive analyses of salaries paid by EBMUD, the Contra Costa County Water District and Contra Costa County. After consultation with Member Allan, President Boneysteele stated that he had explained to Mr. Siemans previous Board policy in regard to employee salaries to be "the going rate plus a premium." "The amount of the premium to be a matter of judgment of the Board." 4. President Boneysteele reported on a recent presentation made by representatives of East Bay Municipal Utility District to a special section of the Commonwealth Club concerning water reclamation. Discussion followed. x. ADJOURNMENT At 11:13 o'clock P.M., President Boneysteele adjourned the meeting. p, '-> ~, ./~-:¿ President of the Distri /Board of the Central Contra Costa S i itary District of Contra Costa County, State of California COUNTERSIGNED: ~- k 1o-v~- ~ Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 12 05 74