HomeMy WebLinkAboutBOARD MINUTES 04-17-75
545
MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD APRIL 17, 1975
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 April l7,
1975, at 8:00 P.M.
The meeting was called to order by President Boneysteele.
I.
ROLL CALL
PRESENT:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
ABSENT:
Members:
None
II.
APPROVAL OF MINUTES
1.
MINUTES OF THE MEETING OF MARCH 20, 1975
It was moved by Member Gibbs, seconded by Member Allan, that the
Minutes of the meeting of March 20, 1975, be approved as presented.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
2.
MINUTES OF THE MEETING OF APRIL 3, 1975
After comment by President Boneysteele that there was an additional
reason for recessing the public hearing to consider garbage rate increases
requested by Orinda/Moraga Disposal Service on April 3,1975, which was to
permit ample opportunity for the public to be present, it was moved by
Member Mitchell, seconded by Member Allan, that the Minutes of the meeting
of April 3, 1975, be approved as presented. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
III.
EXPENDITURES
None.
IV.
HEARINGS
1.
DSP 2255, DRAFT EIR, ESTATES DRIVE, LAFAYETTE
After noting that Board Members had the opportunity to review the draft
EIR for DSP 2255, President Boneystee1e recognized Mrs. Paul Levatin,
l198 Estates Drive, Lafayette. Mrs. Levatin presented to the Board a
petition opposing DSP 2255 which was signed by the following persons:
Edith M. Swayne, 3981 Canyon Road, Lafayette
Albert H. Kass, 1188 Estates Drive, Lafayette
Virginia and Walter Hoadley, ll55 Estates Dr., Lafayette
John and Juyla Cashel, 1145 Estates Dr., Lafayette
Richard and Audrey Pite, l133 Estates Dr., Lafayette
Paul and Rose Agajan, 1121 Estates Dr., Lafayette
H. E. Roberts, 1182 Estates Dr., Lafayette
Evelyn and Paul Levatin, 1l98 Estates Dr., Lafayette
Alyson Yang Wong, 1161 Estates Dr., Lafayette
Helen Wills Roark, P. O. Box 5726, Carmel
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546
President Boneysteele then formally read to the Board and audience the
petition which posed objections to the project as being too costly, as
being non-essential and would have an àdverse impact upon the environment
as the soil conditions in the area of Estates Drive, Lafayette, are unstable.
Mrs. Levatin then sited specific court cases to substantiate her claim that
any disturbance of the surface of the land as proposed for DSP 2255 would
have adverse effect upon adjacent properties because of the instability
of the existing soil conditions.
Mrs. Helen W. Roark, Carmel, read a statement to the Board wherein
she expressed her opposition to DSP 2255. Mrs. Roark stated that the
proposed sewer line to service Mr. George Biasotti, 5233 Miles Avenue,
Oakland, would not only traverse her property but would hamper the ingress
to her property.
A general discussion followed wherein concern was expressed concerning
potential slide conditions that may exist in the Estates Drive area and a
review of the estimated costs for construction of private Job No. 2255.
Recognizing the absence of Mr. Biasotti, it was the consensus of the
Board that staff apprise Mr. Biasotti of the matters discussed at the hearing,
the estimated cost for the project, and that interested parties to this
matter were to be kept informed.
After expressing appreciation for their attendance, President Boneystee1e
closed the hearing.
At 9:02 P.M., President Boneysteele recessed the meeting to permit
Board attendance at a demonstration of sewer maintenance equipment by staff.
At 10:23 P.M., President Boneysteele reconvened the meeting after
Board members witnessed the demonstration of equipment to provide closed
circuit television of the District sewage lines.
v.
BIDS
1.
DSP 2572, RUDGEAR ROAD, WALNUT CREEK
Mr. Horstkotte, General Manager-Chief Engineer, reported that bids for
DSP 2572, opened at 2:00 P.M., this day were as follows:
Bristol
2361 Platt Dr.
Martinez, CA 94553
$18,190.00
~eter Cole Jensen, Inc.
Box 553
Danvi1le, CA 94526
$18,260.00
Eastwood & Son
23 Richie Drive
Pleasant Hill, CA
94523
$20,340.00
Martin Bros., Inc.
P. O. Box 5638
Concord, CA 94524
$25,750.00
McGuire & Hester
796 - 66th Avenue
Oakland, CA 94621
$26,266.00
Billings Plumbing, Inc.
P. O. Box 609
Concord, CA 94520
$31,684.53
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547
After explanation and upon the recommendation of Mr. Horstkotte, it
was moved by Member Gibbs, seconded by Member Mitchell, that award of
bid for DSP 2572 be made to the lowest bidder, Bristol, Martinez, Calif.
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
IV.
OLD BUSINESS
1.
REPORT ON PROPOSITION 9
Board Members acknowledged receipt of a memorandum dated April 17, 1975,
from Mr. Bohn, Counsel for the District, pertaining to Proposition 9. After
explanation by Mr. Bohn and discussion by Board Members concerning the specific
aspects of Proposition 9, particularly as related to "Conflict of Interest,"
it was the consensus of the Board to schedule a discussion pertaining to the
matter of Proposition 9 for the meeting of May 15,1975. Item continued.
2.
DISCUSSION OF AFFIRMATIVE ACTION PROGRAM
Board Members noted receipt of a memorandum dated April 17, 1975, from
Mr. Bohn, Counsel for the District, pertaining to "General Design of
Affirmative Action Program."
After discussion, item was continued.
3.
DISCUSSION ON SB 275 - DILL ANALYSIS OF COLLECTIVE BARGAINING
Board Members and Mr. Bohn, Counsel for the District, discussed an
analysis of SB 275 which relates to collective bargaining for public
employees.
During the discussion, wherein Mr. Bohn related the historical back-
ground òf SB 275 and noted that it had been under continuous amendment,
it was the recommendation of Mr. Bohn that the Board of Directors not
support SB 275 as currently amended.
It was moved by Member Mitchell, seconded by Member Rustigian, that
the District support the position of the California Association of Sewage
Agencies in opposing SB 275 as amended. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Member:
Members:
Gibbs, Mitchell, Rustigian, Allan
Boneysteele
None
4.
COMPENSATION FOR COUNSEL FOR THE DISTRICT
Member Allan, Chairman of the Personnel Committee, reported that the
Committee had not had the opportunity to review the matter of compensation
for the Counsel for the District.
Discussion followed wherein Member Mitchell expressed some concern
and Mr. Bohn responded regarding special reports presented by Mr. Bohn
related to the District's program for Solid Waste Management.
After discussion wherein the Personnel Committee made arrangements to
review the matter, item was continued to the meeting of April 24,1975.
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548
1.
CONSENT ITEMS
a.
VII.
NEW BUSINESS
AUTHORIZE APPORTIONMENT OF LID 47 ASSESSMENT, APPROVE AMENDED
DIAGRAM(S) AND AUTHORIZE RECORDING OF SAID DIAGRAM(S)
It was moved by Member Allan, seconded by Member Mitchell, that
authorization for apportionment of LID 47 assessment "Approval of
Amended Assessment Diagram(s) and the Recording of said Diagram(s.)"
be approved.
Original Assessment No.
47-14-101
Amended Assessment No.
Apportioned Amt.
Motion carried by the following vote:
47-14-105
47-14-106
$41,170.24
42,313.84
AYES:
NOES:
ABSENT:
b.
Hembers:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
ACCEPTANCE OF EASEMENT FROM CONTRA COSTA COUNTY WATER DISTRICT,
JOB NO. 2395, AT A COST OF $300.00
After explanation by staff, it was moved by Member Allan, seconded by
Member Mitchell, that acceptance of easement from Contra Costa County
Water District, Job No. 2395, at a cost of $300.00 be approved and its
recording ordered. Carried by the following vote:
AYES:
NOES:
ABSENT:
2.
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
RESOLUTION NO. 75-19, A RESOLUTION OF INTENTION TO MAKE CHANGES AND
MODIFICATIONS LID NO. 55
After explanation by staff, it was moved by Member Gibbs, seconded by
Member Rustigian, that Resolution No. 75-19 be adopted. Carried by the
following vote:
AYES:
NOES:
ABSENT:
3.
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
AUTHORIZE EXECUTION OF CONSENT TO DEDICATION TO CONTRA COSTA COUNTY,
LID NO. 43-5
After explanation by staff, it was moved by Member Allan, seconded
by Member Mitchell, that the President and Secretary be authorized to
executed Consent to Dedication of Public Road (Short form) LID 43-5, with
Contra Costa County be approved. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
4.
CLAIM OF MR. RALPH L. WILSON IN THE AMOUNT OF $1,875.00
After review of correspondence dated December 18, 1974, received from
Mr. Ralph Wilson regarding his claim and upon the recommendation of staff,
it was moved by Member. Gibbs, seconded by Member Allan, that the claim of
Mr. Ralph L. Wilson in the amount of $1,875.00 be paid after receipt of
signed Release in Full Settlement and Compromise. Carried by the following
vote:
AYES:
NOES:
ABSENT:
04
17
Members:
Members:
Members:
75
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
549
AUTHORIZE $26,588.10 FOR CCTV INSPECTION SYSTEM
5.
Board Members witnessed a demonstration of equipment to provide a closed
circuit television inspection system for use by the Maintenance Department.
After the demonstration, Board Members and staff discussed the advisability
of purchasing such equipment which had not been allocated in the District's
current financial budget.
After discussion, it was moved by Member Rustigian, seconded by
Member Allan, that authorization of $26,588.l0 to purchase equipment for
closed circuit television inspection system be approved. Carried by the
following vote.
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
6.
DISTRICT POLICY ON LANDSLIDES
Board Members reviewed a closed circuit TV presentation by staff
related to major landslides which have recently occurred within the District.
After discussion and review of a memorandum dated February 28,1975,
from staff concerning the determination of policy on the matter of landslides,
item was referred to Counsel for the District for review and report. Item
continued.
7.
OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA
a.
ORDINANCE 106, AN ORDINANCE DELETING ALL REFERENCES REGARDING
ZONE 1 FROM SECTIONS 12-502, 12-503, AND 12-504 OF THE DISTRICT
CODE AND ENACTING A NEW SECTION 12-507 OF SAID CODE TO PROVIDE
THE REQUIREMENTS AND PRICES FOR GARBAGE SERVICE IN ZONE 1
After explanation by staff, it was moved by Member Allan, seconded by
Member Rustigian, that Ordinance l06 be adopted and placed in the official
files and Ordinances of the District; and further that said Ordinance shall
be a general regulation of the District, shall be published once in the
Contra Costa Times, a newspaper of general circulation published and
circulated in Central Contra Costa County. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Member:
Members:
Gibbs, Rustigian, Allan and Boneysteele
Mitchell
None
b.
AUTHORIZE EXECUTION OF CONSENT TO JOINT USE OF EXCLUSIVE EASEMENT
WITH PACIFIC GAS AND ELECTRIC CO., JOB NO. 1493, TRACT 3277,
DANVILLE AREA
After explanation by staff, it was moved by Member Gibbs, seconded by
Member Allan, that the President and Secretary be authorized to execute
consent of Joint Use of Exclusive Easement with Pacific Gas and Electric
Company, Job No. 1493, Tract 3277, Danville area, be approved. Motion
carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneystee1e
None
None
CORRESPONDENCE DATED APRIL ll, 1975, ENCLOSING BLACKHAWK
PETITION FOR REOR~ANIZATION
c.
Board Members noted correspondence dated April 11, 197~ received from
Mr, Daniel Van Voorhis, attorney representing Blackhawk Development Company.
The correspondence was addressed to the Local Agency Formation Commission
and forwarded a petition for reorganization under the provisions of the
District's Reorganization Act of 1965.
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550
Discussion followed wherein Board Members acknowledged receipt of
correspondence dated April 16, 1975, received from Ms. Sally N. Ewing,
President of Amigos de Diablos. Ms. Ewing had requested an opportunity
to appear before the Board at its meeting of April 24, 1975, to discuss
matters related to the Local Agency Formation Commission and determination
of spheres of influence as it may relate to the San Ramon Valley area.
After discussion wherein Member Mitchell indicated
schedule precluded his presence at the meeting of April
the consensus of the Board that Ms. Ewing be invited to
Board at its meeting of May 8, 1975.
that his personal
24, 1975, it was
appear before the
8.
INFORMATION
a. Board Members acknowledged receipt of correspondence dated April 4,
1975, received from Contra Costa County Planning Department related to a
Draft ErR for the Blackhawk Ranch Development.
b. Board Members acknowledged receipt of correspondence dated
April 5, 1975, received from Mr. Geno F. Banducci related to garbage rate
increases recently granted Orinda/Moraga Disposal Service, Inc.
VIII.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
a. Mr. Horstkotte reported that construction on the San Ramon Pump
Station, DSP 2498, is approximately 17% completed. He stated that the
date for completion of the project is still August 28, 1975.
b. Mr. Horstkotte presented Board Members with a form for presentation
of personal biographical information.
c. After explanation by Mr. Horstkotte, it was moved by Member Allan,
seconded by Member Gibbs, that authorization to employ one additional
temporary summer employee for use in the Administrative Division be approved.
Motion carried by the following vote:
AYES: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele
NOES: Hembers: None
ABSENT: Members: None
d. Mr. Horstkotte presented Board Members with a memorandum dated
April 17, 1975. Such memorandum posed matters which staff desired Board
clarification concerning the existing contract between the District and
Contra Costa Water District for the Reclamation of Waste Water Effluent.
Discussion followed.
2.
COUNSEL FOR THE DISTRICT
None.
3.
SECRETARY
Mr. Davis reported on a recent meeting with Mr. Mark Pinedo concerning
matters related to the recent garbage rate increases granted to Orinda/Moraga
Disposal Service, Inc. Discussion followed.
4.
COMMITTEES
None.
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551
IX.
MATTERS FROM THE FLOOR
1. Mr. Horstkotte, General Manager-Chief Engineer, introduced Mr. Louis
Swain to the Board. Mr. Swain is the newly elected President of the
District's Employees' Association.
2. President Boneysteele reported that the Selection Committee to nominate
a Trustee for the Bay Area Sewage Services Agency was scheduled to meet
May l, 1975. Discussion followed.
3. After noting that a quorum of members would not be present at the meeting
scheduled for May 1,1975, it was moved by Member Gibbs, seconded by
Member Allan that the Board schedule meetings to be held on May 8, May 15 and
May 29, 1975. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Allan and Boneysteele
None
None
X.
ADJOURNMENT
At 11:20 P.M., President Boneysteele adjourned the meeting.
t:~ ./1-\' ~F '< ¿~
President of the District ard of the
Central Contra Costa Sani ary District of
Contra Costa County, State of California
COUNTERS I GNED :
f r / (, ' .'
I' /
Secretary of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
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