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