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HomeMy WebLinkAboutBOARD MINUTES 07-03-75 589 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD JULY 3,1975 The District Board of the 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 July 3, 1975, at 8:00 P.M. Meeting was called to order by President Boneysteele. I. ROLL CALL PRESENT: Members: Gibbs, Mitchell, Rustigian and Boneysteele ABSENT: Member: Allan II. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF JUNE 19, 1975 After comment by Members of the Board, it was moved by Member Mitchell, seconded by Member Rustigian, that the Minutes of the Meeting of June 19, 1975, be approved with the following deletion: Under "VI. OLD BUSINESS 2. DISCUSSION OF REQUEST FOR GARBAGE RATE INCREASE, LAFAYETTE GARBAGE DISPOSAL SERVICE, INC." in the second paragraph, first sentence, strike out "this is not a policy matter and that". Motion carried by the following vote: AYES: Members: Gibbs, Mitchell, Rustigian and Boneysteele NOES: Members: None ABSENT: Member: Allan 2. MINUTES OF THE MEETING OF JUNE 26, 1975 After comment by Members of the Board, it was moved by Member Mitchell, seconded by Member Rustigian, that the Minutes of the Meeting of June 26,1975, be approved with the following additions: Under "VI. OLD BUSINESS 1. SOLID WASTE" in the second paragraph, first sentence, insert "District" before "Solid Waste Committee meeting". Under "VI. OLD BUSINESS 1. SOLID WASTE" in the second paragraph, second sentence, insert "County" before "Solid Waste Committee informing". Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, None Allan Mitchell, Rustigian and Boneysteele III. APPROVAL OF EXPENDITURES It was moved by Member Mitchell, seconded by Member Rustigian, Members of the Expenditure Committee, that after review, the expenditures including Sewer Construction Vouchers Nos. 2510 to 2521, ,inclusive, Running Expense Vouchers Nos. 20581 to 20687 inclusive, and Local Improvement District No. 54 Voucher No. 31 be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Rustigian, and Boneysteele None Allan 07 03 75 590 IV. HEARINGS 1. GARGAGE RATE INCREASE REQUESTED BY LAfAYETTE GARBAGE DISPOSAL SERVICE, INC. President Boneysteele declared the hearing open and asked if there were any persons in the audience wishing to speak on the rate increase. There was no one wishing to speak. President Boneysteele then read a letter he had received from Mr. F. Insinger, requesting that the hearing be continued because this date is the eve of a holiday. Mr. Horstkotte stated that he had also received three telephone calls requesting a continuation of the hearing. Discussion followed and Member Mitchell moved that the hearing be continued until July 17, 1975, and that any rate increase be made retroactive to July 1, 1975. Member Rustigian seconded the motion. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan Mr. Horstkotte then complimented Mr. Reagan on his preparation and presentation of the garbage rate report and analysis. President Boneysteele concurred and asked that the minutes reflect same. 2. DSP 2255 FINAL MODIFIED EIR, ESTATES DRIVE, LAFAYETTE (BIASOTTI PROPERTY) President Boneysteele declared the hearing open and requested Mr. Horstkotte to make the opening statements in regard to the final modified EIR. Mr. Horstkotte did so and indicated that a substantial amount of information, etc., in conformance with guidelines had been analyzed by staff member, Mr. Lloyd Smith, who prepared the EIR. He also noted that a copy of the report has been distributed to all of the affected property owners in the area and to others requesting same. It was also indicated that this hearing was not to consider a particular alternate proposal, but was only in regard to accepting the EIR. After discussion between Board Members and staff, President Boneysteele asked if anyone in the audience wished to be heard in regard to the report. Mr. Lloyd Swayne, Jr., speaking for Mrs. V. R. Steele, stated that the report shows her as being in favor of this project. However, while she is in favor of sewers in general, she is not in favor of this project. Mr. Burnstein, attorney speaking for Mrs. Roark, said that in the EIR of the last meeting and in this modified EIR, the subject of the stability of the Biasotti property is taken up in two letters. He felt that the letter from Myron M. Jacobs refers to the adjacent property rather than the Biasotti property and that the letter dated May 7 from Soil Engineering Company refers to documents studied and not to the soil itself. He also pointed out that in the report Mr. Pileck indicates the construction would ease the problem of land sliding because of rain not hitting covered areas. Mr. Burnstein felt that other land will receive more water due to the additional runoff. He also indicated that the cost situation of this development does not seem practical. Mrs. Levatin stated there is a knoll that exists on the property and that when such a knoll exists, a road is usually put on top and the side slopes are for housing. Board members and staff answered questions and clarified concerns in this regard to the report. Mr. Biasotti stated that Soils Engineers had gone over the property and that there were reports on his property. He also indicated that the reports included in the EIR were for his property. 07 03 75 591 Mrs. Roark commented she had read the EIR and that the building sites as indicated on her property could not be connected to the sewer without pumping. Member Mitchell informed Mrs. Roark that it was the belief of the staff that the property can be sewered by gravity. Mrs. Levatin questioned page 8 regarding land use. Mr. Jay McCoy, staff member, defended the report but was instructed by the Board to clarify the statements in the report. Mrs. Levatin continued, pointing out that on page 3, second line states "no other ground movement has occurred on or near the proposed route of the 6-inch sewer." She noted that there is a slide near Adams. Staff indicated that this was mentioned at the Draft hearing and has been responded to in the final EIR. Mrs. Levatin indicated that the statement on page 3 about no archaeological findings was incorrect and that a tooth of a nanitistaehonisis has been found in the area and that the number of endangered species should be expanded to include snakes, gophers, lizards, etc. She continued that on page 4, the statement about "inadequate and malfunctioning septic tanks" should be changed, indicating that there is only one malfunctioning tank in the area. Mrs. Levatin asked also about the eight remaining undeveloped sites and it was explained that they should develop faster once the sewer is installed. Mrs. Levatin went on to page 9 and said that this indicates once the sewer goes in, we are stuck with it right or wrong. The Board responded that this is basically what the report states. Mrs. Roark said she wanted to hire an engineer and have a private study made. After discussion, President Boneysteele stated that we were only considering the acceptance of the EIR and not the sewer layout alternates. Hember Mitchell moved that the Board adopt the EIR, with a copy of the minutes attached, and certify that it has been completed in compliance with the California Environmental Quality Act of 1970 and the State Guidelines and the Board has reviewed and considered the information contained in such EIR. Motion was seconded by Member Gibbs. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan V. BIDS None. VI. OLD BUSINESS None. VII. NEW BUSINESS 1. CONSENT ITEMS: It was moved by Member Rustigian, seconded by Member Gibbs, that easements as listed below be accepted at no cost to the District and their recording ordered and that respective Resolutions of acceptance be adopted: Grantor Job No. Parcel No. Bruce A. Horwitz & Jacqueline Horwitz Claude B. Hutchison & Susan S. Hutchison 2556 2556 1 2 RESOLUTION NO. 75-46, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM BRUCE A. HORWITZ AND JACQUELINE HORWITZ, LAFAYETTE AREA (JOB NO. 2556, PARCEL 1) 07 03 75 592 RESOLUTION NO. 75-47, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM CLAUDE B. HUTCHISON AND SUSAN B. HUTCHISON, LAFAYETTE AREA ( JOB NO. 2556, PARCEL 2) Motion carried by the following vote and was instructed to be extended to each Resolution: AYES: NOES: ABSENT: 2. Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan RESOLUTION NO. 75-48, A RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF EASEMENT, CONSTRUCTION AND COMPLETION OF CERTAIN PUBLIC IMPROVEMENTS, AND AUTORIZING THE FILING OF CONDEMNATION PROCEEDINGS, CASE OF NORMAN L. PORTELLO, ET UX (JOB NO. 2402, PARCEL NO.4) Mr. Bohn explained that there had been a previous action authorized in this regard but that the developer had called and said that an agreement had been reached and the action was withdrawn. When Mr. Bohn later called the grantor to complete the easement transaction, the agreement was not honored, therefore, the Condemnation action will have to be refiled. It was moved by Member Mitchell, seconded by Member Rustigian, that Resolution No. 75-48 be adopted. Motion carried by the following vote: AYES: NOES: ABSENT: 3. Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan CORRESPONDENCE FROM STATE WATER RESOURCES CONTROL BOARD DATED JUNE 19, 1975 Mr. Horstkotte said he received this letter from State Water Resources Control Board and would have more to report on it later. He will be attending a meeting on July 17, 1975, at East Bay Municipal Utility District's office regarding this matter. 4. TRANSFER OF SURPLUS CALCULATORS FROM ENGINEERING DEPARTMENT TO MAINTENANCE AND TREATMENT PLANT DEPARTMENTS After discussion, Mr. Horstkotte stated that this was for the Board's information. 5. AUTHORIZATION TO DISPOSE OF FOUR SURPLUS CALCULATORS It was moved by Member Gibbs, seconded by Member Mitchell, that the four calculators be declared surplus and that staff be authorized to sell them. Motion carried by the following vote: AYES: NOES: ABSENT: 1. Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan VIII. REPORTS GENERAL MANAGER-CHIEF ENGINEER Mr. Horstkotte presented the Board with Cost Comparison Graphs regarding District vehicles and explained them to the Board. Discussion followed and Mr. Mitchell moved that the vehicles on the list and proposed for replacement, be utilized for an additional year and be evaluated for maintenance costs and trade-in values. Motion was seconded by Member Gibbs. Motion carried by the following vote: AYES: NOES: ABSENT: 07 03 Members: Member: Member: Gibbs, Mitchell and Rustigian Boneysteele All an 75 593 Mr. Horstkotte stated he did not agree with the Board decision but he will support it. Mr. Boneysteele stated that any necessary vehicle replacements indicated during the year should be brought before the Board. Mr. Horstkotte stated that three pump station employees are retiring before the end of the year and at the next meeting there will be a request for new supervising operators. For approximately the next six months, until they have been trained, there will be six men doing the work of three. Mr. Horstkotte reported on the progress at the plant project and that there will be a $2,500,000 progress payment to Peterson-Simpson and a $1,000,000 payment to Fred J. Early Company in July. A tour of the plant for Board Members, the Board of Supervisors, and representatives from the cities we serve was discussed and set for September 13,1975, at 9:00 A.M. They are to meet at the Treatment Plant. After a discussion, it was decided that the Central Contra Costa Sanitary District Board would tour the plant on Saturday, July 12,1975, at 9:00 A.M. Mr. Horstkotte reported that Larwin Pump Station is 75% completed structurally and will be complete in August, 1975. Mr. Niles will need authorization and per diem to witness the pump tests. It was moved by Member Mitchell, seconded by Member Rustigian, that Mr. Niles be authorized to attend the pump tests and that per diem be granted. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Mitchell, Rustigian and Boneysteele None Allan 2. COUNSEL FOR THE DISTRICT Mr. Bohn reported on the preparation of a Resolution Determining Policy to Continue Franchising Garbage Collectors and agreed to incorporate changes as requested by Board Members. Mr. Bohn also reported on the letter he prepared to the City of Walnut Creek regarding the resource recovery. After discussion it was determined to make certain changes. 3. SECRET ARY None. 4. COMMITTEES Member Gibbs reported on BASSA and stated that he had attended a sub- committee meeting in Martinez last Monday, June 30, 1975, on Hazardous Liquid Waste. 07 03 75 07 594 IX. MATTERS FROM THE FLOOR President Boneysteele asked about the status of the Central Contra Costa Sanitary District Vs. Stitch; Central Contra Costa Sanitary District Vs. Leal and the Companion Case. Mr. Bohn will look into the status. X. ADJOURNMENT The meeting was adjourned by President Boneysteele at 10:21 P.M. L / ,~/E resident of the Board of lrectors of Central Contra Costa San' ary District of Contra Costa County, State of California COUNTERSIGNED: ~<~Æ Sec tary of the, strict Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 03 75