HomeMy WebLinkAboutBOARD MINUTES 03-21-74
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l
MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD MARCH 21,1974
The District Board of Central Contra Costa Sanitary District convened
in a Regular S~ssion at its regular place of meeting located at 1250
Springbrook Road, Walnut Creek, County of Contra Costa, State of California,
on March 21, 1974, at 8:00 o'clock P.M.
The meeting was called to order by President Mitchell.
I.
ROLL CALL
PRESENT:
Members:
Gibbs, Boneystee1e, Rustigian, Allan and Mitchell
ABSENT:
Members:
None
II.
APPROVAL OF MINUTES
After comment by Member Rustigian, it was moved by Member Gibbs,
seconded by Member Allan, that the Minutes of the Meeting of March 7, 1974,
be approved after making the following correction:
Under "VI. OLD BUS INESS, 2, RECOMMENDATION OF BOARD COMMITTEE ON
CONSULTANT SELECTION FOR ENERGY STUDY, II delete the first sentence of the
penultimate paragraph and insert the following:
liThe Selection Committee recommended the engineering consultant firm
of Brown and Caldwell in conjunction with Systems Control, Inc., to conduct
the study on conversion of municipal solid waste to energy. II
Motion correcting the Minutes of the meeting of March 7, 1974, carried
by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Boneysteele, Rustigian, Allan and Mitchell
None
None
III.
APPROVAL OF EXPENDITURES
..
None.
IV.
HEARINGS
None.
V.
BIDS
None.
VI.
OLD BUSINESS
RESOLUTION NO. 74-18, A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH THE CALIFORNIA STATE PERSONNEL BOARD
1.
After explanation by staff, it was moved by Member Boneystee1e, seconded
by Member Allan, that Resolution No. 74-18 be adopted. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Boneystee1e, Rustigian, Allan and Mitchell
None
None
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314
2.
ENVIRONMENTAL IMPACT REPORT, LARWIN PUMP STATION PROJECT
Board Members reviewed and discussed a draft Environmental Impact Report
and staff's evaluation of that report for the Larwin Pump Station Project.
, In the discussion in which staff, Counsel for the District, and Mr.
Charles Snyder, (representing Larwin Development Co.), participated, Member
Boneysteele stated that he was in accord with staff's evaluation of the
draft EIR but that he objected to the statement on the cover page of
the report whereby the author of the report stated that no reproduction
of the report could be made without expressed permission. In addition,
Member Boneystee1e stated that a statement should be included in the EIR
which indicated that, because of political considerations, a duplication
of pumping stations may result due to the District's annexation of the
Bishop Ranch Development and the Larwin Development.
President Mitchell commented that the EIR should indicate that treatment
of effluent from the Larwin Development would impose additional power require-
ments upon the District. Further, the report does not explore the alternative
of treatment by Valley Community Services District. President Mitchell further
stated that the EIR implies that the District does not need to expand its
present treatment plant capacity in order to service the Larwin Development.
Discussion followed regarding the comments expressed by President
Mitchell and various sections of the draft EIR.
After discussion, it
be amended to incorporate
reference to all economic
that formal authorization
be required and obtained.
was the consensus of the Board that the draft EIR
staff's evaluations and comments. Further, that
considerations be deleted f~om the report, and
by the author of the report to reproduce the EIR
Upon the recommendation of Mr. Dalton, Deputy General Manager-Chief
¡Engineer, and after discussion, staff was requested to reschedule the EIR,
Larwin Pump Station Project, for the meeting of March 28,1974, and to re-
schedule the public hearing on the final EIR for the meeting of May 2,1974,
vice April 18, 1974. 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 Rustigian, that
easements from:
Grantor
Job No.
. Parcel No.
Clayco Corp.
W. H. Pipko & M. J. Pipko
P. T. Meagher, et ux
Bedford Associates
2361
2370
2370
2441
4
lA & B
3
l' & 2
be accepted and their recording ordered.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Boneystee1e, Rustigian, Allan and Mitchell
None
Noné
CONFIRM "AMENDED ASSESSMENT DIAGRAM(S)" AND AUTHORIZE RECORDING OF
SAID DIAGRAM(S)
b.
It was moved by Member Allan, seconded by Member Rustigian that
authorization of confirmation of the below amended assessment diagram(s)
and their recording be approved:
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315
Amended Assessment No.
Apportioned Amt.
'44- 7-5-3
Original Assessment No.
44- 7-5-5
44-7-5-6
44- 7-5- 7
44- 7-5-8
$1,579.26
1 , 28 7 . ~ 5
996.66
996.66
Carríed by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Boneysteele, Rustigian, Allan and Mitchell
None
None
c.
AUTHORIZE EXECUTION OF INDENTURE FROM SOUTHERN PACIFIC
TRANSPORTATION CO" JOB NO. 2413, PARCEL 2, PLEASANT HILL
It was moved by Member Allan, seconded by Member Rustigian, that the
President and Secretary be authorized to execute the Indenture from
Southern Pacific Transportation Co., Job No. 2413, Parcel 2, Pleasant Hill.
Carried by the following vote: .
I
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Boneysteele, Rustigian, Allan and Mitchell
None
None
d.
AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO FILE NOTICE OF
COMPLETION DSP 2340, HEATHER LANE, ORINDA
It was moved by Member Allan, seconded by Member Rustigian, that the
Deputy General Manager-Chief Engineer, in the absence of the General
Manager-Chief Engineer, be authorized to file Notice of Completion, DSP 2340,
Heather Lane, Orinda. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Boneysteele, Rustigian, Allan and Mitchell
None
None
2.
DISTRICT ANNEXATION NO. 41
RESOLUTION NO. 74-19, A RESOLUTION OF APPLICATION FOR THE ANNEXATION
OF PROPERTIES TO CENTRAL CONTRA COSTA SANITARY DISTRICT
Utilizing a map of the properties to be annexed, Mr. Dalton, Deputy
General Manager-Chief Engineer, explained that all owners of the properties
within the 25 parcels had signed petitions for annexation to the District.
It was then moved by Member Gibbs, seconded by Member Allan, that
Resolution No. 74-19, be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Boneysteele, Rustigian, Allan and Mitchell
None
None
3.
DISTRICT ANNEXATION NO. 42
RESOLUTION NO. 74-20, A RESOLUTION OF APPLICATION FOR THE ANNEXATION OF
PROPERTIES TO CENTRAL CONTRA COSTA SANITARY DISTRICT
Mr. Dalton, Deputy General Manager-Chief Engineer, utilizing a map,
noted the areas to be annexed.
After explanation and discussion, wherein it was noted that signed
petitions for annexation had not been received from all affected property
owners, it was moved by Member Gibbs, seconded by Member Rustigian, that
Resolution No. 74-20, be adopted. Carried by the following vote:
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316
AYES:
NOES:
ABSENT:
4.
Members:
Members:
Members:
Gibbs, .Boneysteele, Rustigian, Allan and Mitchell
None
None
AUTHORIZE PROJECT APPROVAL OF LID NO. 55, SPRINGHILL LANE, LAFAYETTE
President Mitchell, for the benefit of persons in the audience, reviewed
the current status of LID No. 55 and explained that in accordance with
Ordinance 95, the Board of Directors must formally give project approval or
project disapproval for LID NO. 55, Springhill Lane, Lafayette.
Mrs. Lois Maderious, 12 Springhill Lane, Lafayette, addressed the
Board and urged project approval.
There being no ther persons in the audience wishing to address the
Board on this item, it was moved by Member Gibbs, seconded by Member Rustigian
that project approval for LID No. 55, Springhill Lane, Lafayette, be authorized.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Boneysteele, Rustigian, Allan and Mitchell
None
None
In response to query, Mr. Dalton, Deputy General Manager-Chief Engineer,
and Mr. Best, Manager, Engineering Department, reported that engineering and
administration procedures, including determination of estimated assessment,
receipt of bids and date of the public hearing for LID No. 55, should be
completed in approximately three months.
5.
AUTHORIZE STAFF ATTENDANCE AT CALIFORNIA WATER POLLUTION CONTROL
ASSOCIATION CONVENTION, SAN JOSE, APRIL 24-27,1974
After discussion, it was moved by Member Boneysteele, seconded by
Member Rustigian, that authorization of registration fees, transportation
and per diem for four days be approved for attendance at the California
Water Pollution Control Association Convention by the General Manager-
Chief Engineer, the Deputy General Manager-Chief Engineer, the Managers
of the Engineering and Maintenance Departments and the Manager of Plant
Operations. Carried by the following vote:
AYES:
NOES:
ABSENT:
6.
Members:
Members:
Member:
Gibbs, Boneystee1e, Rustigian, Allan and Mitchell
None
None
CLAIM OF MR. AND MRS. MICHAEL MALONE IN THE AMOUNT OF $218.00
After explanation and upon the recommendation of staff, it was moved
by Member Gibbs, seconded by Member Rustigian, that the claim of
Mr. and Mrs. Michael Malone be paid following receipt of a signed Release
in Full Settlement and Compromise. Carried by the following vote:
AYES:
NOES:
ABSENT:
7.
Members:
Members:
Members:
Gibbs, Boneystee1e, Rustigian, Allan and Mitchell
None
None
RESOLUTION NO. , A RESOLUTION ADOPTING ELIGIBILITY
LIST FOR POSITION OF ACCOUNTANT
At the request of Member Allan, Chairman of the Personnel Committee,
item was deferred to Committee Reports.
8.
RESOLUTION NO.
9.
Item deferred to Committee Reports.
, A RESOLUTION APPOINTING ACCOUNTANT
OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA
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317
STATEMENT FOR PROFESSIONAL SERVICES IN THE AMouNT OF $l,11B.20 BY
MR. JOHN BORN (CONDEMNATION: CCCSD VS. RONEY, LABAT AND ROSS)
After explanation by Mr. Bohn, Counsel for the District, it was moved
by Member Boneysteele, seconded by Member Gibbs, that the statement of Mr.
Bohn for professional services involving District Condemnation proceedings:
CCCSD vs. Rqney in the amount of $373.90; CCCSD vs. Labat in the amount of
$370.40; and CCCSD vs. Ross in the amount of $373.90, be paid. Carried
by the following vote: .
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Boneystee1e, Rustigian, Allan and Mitchell
None
None
9a.
AUTHORIZE EXECUTION OF AMENDMENT TO AGREEMENT OF JANUARY 3, 1974,
WITH BROWN AND CALDWELL FOR ENGINEERING SERVICES, STAGE 5B, WATER
RECLAMATION FACILITY (RESOURCE RECOVERY STUDY)
RESOLUTION NO. 74-21, A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT
TO AGREEMENT OF JANUARY 3, 1974, WITH BROWN AND CALDWELL FOR ENGINEERING
SERVICES, STAGE 5B, WATER RECLAMATION FACILITY
Board Members reviewed and discussed the scope of engineering services
proposed by Brown and Caldwell for the Resource Recovery Study.
During the discus~ion, Board Members commented that the primary purpose
is to study the conversion of municipal solid waste into energy for
use by the District's Water Reclamation Facility.
After assurances by staff that Board guidance would be conveyed to
representatives of Brown and Caldwell, it was moved by Member Gibbs,
seconded by Member Allan, that Resolution No. 74-21 be adopted, authorizing
the President and Secretary to execute Amendment to Agreement dated
January 3, 1974, with Brown and Caldwell for engineering services, Stage 5B,
Water Reclamation Facility. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Boneystee1e, Rustigian, Allan and Mitchell
None
None
9b.
RESOLUTION NO. 74-22, A RESOLUTION AUTHORIZING FILING APPLICATION FOR
FEDERAL AND STATE GRANTS FOR PUBLICLY OWNED WASTEWATER TREATMENT WORKS AND
PROVIDING CERTAIN ASSURANCES
After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer, .
it was moved by Member Gibbs, seconded by Member Boneysteele, that Resolution
No. 74-22, be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Boneystee1e, Rustigian, Allan and Mitchell
None
None
9c.
AUTHORIZE DEPUTY GENERAL MANAGER-CHIEF ENGINEER TO FILE NOTICE OF
COMPLETION, LID 54-4, JOHN MUIR ROAD, MARTINEZ
After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer,
it was moved by Member Rustigian, seconded by Member Gibbs, that the
General Manager-Chief Engineer, or his Deputy, be authorized to file
certificate of completion, LID 54-4, John Muir Road, Martinez. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Boneysteele, Rustigian, Allan and Mitchell
None
None
03
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318
.. RESOLUTION NO. 74-23, A RESOLUTION ACCEPTING COHPLETIORANILDIRECTING
ENGINEER TO FILE NOTICE OF ACCEPTANCE AND COMPLETION
It was moved by Member Rustigian, seconded by Member Gibbs, that
~esolution No. 74-23, be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Boneysteele, Rustigian, Allan and Mitchell
None
None
9d.
AUTHORIZE FINAL PAYHENT OFJ~,679.28 TO J. B. GILBERT AND
ASSOCIATES
In response to comment by Member Boneysteele, Mr. Dalton, Deputy
General Manager-Chief Engineer, and Mr. Bohn, Counsel for the District,
presented an overall evaluation of the consultant services as provided
to the District by J. B. Gilbert and Associates.
..,I
After discussion, it was moved by Member Boneysteele, seconded by
Member Allan, that authorization of $6,679.28 from the Sewer Construction
Fund as final payment to J. B. Gilbert and Associates for consultant services
to the District, be approved. Carried by the following vote: .
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Boneysteele, Rustigian, Allan and Mitchell
None
None
ge.
REVIEW OF ELECTIVE FIXTURE CHARGE, CHAPTER ll, ARTICLE 4, DISTRICT CODE
Board Members, Mr. Dalton, Deputy General Manager-Chief Engineer, and
Mr. Bohn, Counsel for the District reviewed and discussed data presented by
staff regarding number of sewer service charge accounts that had chosen
the elective fixture charge and the individual account monies involved.
During the discussion, Mr. Bohn stated that any action adopted by the
Board should be equitable to all affected sewer service charge accounts.
Upon the recommendation of Mr. Bohn, it was moved by Member Allan, seconded
by Member Gibbs, that staff prepare an Ordinance amending Chapter 11,
Article 4, of the District Code,' for presentation to the Board.
Such Ordinance amending Chapter 11, Article 4, will reflect the decision of
the Board to terminate immediately the option of elective fixture charges.
Further, Mr. Bohn was requested to prepare for presentation to the Board
a formula, including interest per annum of 7%, but whereby monies paid
would be credited to individual existing sewer service charge accounts
in a uniform manner so as to reflect the decision of the Board to terminate
and delete the elective fixture charge from the District Code. Further,
the Secretary of the District was requested to forward a copy of the
Minutes of this Board Meeting to the Contra Costa County Grand Jury.
Item continued.
10.
INFORMATION
Secretary Davis noted that Board Members had received copies of correspondence
received from the following:
a.
California Association of Sanitation Agencies dated March 12,1974.
b.
Orinda/Moraga Disposal Service, Inc., dated March 20, 1974, .and
addressed to the President, Orinda Association.
c.
Linda A. Moody, dated March 20, 1974, with two enclosures.
d.
Schedule of Subcommittee Meetings, Contra Costa County Solid
Waste Management Policy Committee.
Board Members, staff and Mr. Bohn, Counsel for the District, reviewed and
discussed the correspondence received from Linda A. Moody. Mrs. Moody
representing Amigos de Diablo, indicated opposition to the District's
03
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previous action of annexing, in principal, the Bryan and Blackhawk Ranches.
Mrs. Moody expressed concern because of the "negative impacts upon Mount
Diablo. II if the District were to proceed with annexation.
After discussion, wherein Board policy on annexation of areas designated
"green be1t" by the County were reviewed, Mr. Bohn was requested to prepare
an appropriate response to Mrs. Moody's correspondence for presentation to the
Board. Item continued.
Board Members and Mr. Bohn noted that the report by the District's
Citizens Advisory Committee on Solid Waste Recycling was the meeting topic
for the Subcommittee Meetings of the Contra Costa County Solid Waste
Management Policy Committee. A general discussion ~ollowed regarding the
District's plans for solid waste management, the activities of the
county's policy committee, and the recommendations presented by the
District's Citizens Advisory Committee. .
After discussion, it was the consensus of the Board to schedule a
public hearing for April ll, 1974, to consider the report by the Citizens
Advisory Committee. Staff was requested to notify affected cities, members
of the County's Solid Waste Management Policy Committee, collecting agencies,
and members of the Citizens Advisory Committee. Item continued.
VIII.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
a. Mr. Dalton, Deputy General Manager-Chief Engineer, provided
Board Members with a written report on the current status on the construction
of the Holding Basin at the Treatment Plant, DSP 2032 II. He further
reported that District Annexation No. 40 (Larwin Development) had been
finalized.
b. Mr. Dalton reported that the District had billed the State and EPA
$4,369,000.00 for grant funds for the construction of the District's Water
Reclamation Facility. .In addition, the City of Concord had been billed for
an $85,000.00 sewer service charge.
c. Mr. Dalton presented a current status report on the construction
of the Water Reclamation Facility. He indicated that approximately 12% of
the work had been completed.
d. At the request of Mr. Dalton, Mr. Hinkson, Manager, Maintenance
Department, utilizing maps, explained the current status of the slide
condition existing at 154 La Espira1, Orinda. Discussion followed wherein
staff was requested to establish liaison with Contra Costa County Flood
CoBtrol District concerning the La Espiral slide. Staff information and the
results of liaison with the Flood Control District were to be made available
to Mr. Royce Buffington, l54 La Espiral, Orinda.
e. Mr. Dalton reported that additional claims against the District
had been received which reported slide conditions. After discussion, Mr.
Counsel for the District, was requested to prepare a report defining the
District's responsibility regarding slide conditions and specifically
for the La Espiral situation. Item continued.
Bohn,
f. Mr. Dalton stated that because of budgetary considerations, staff
required guidance from the Board regarding the District's program on
temporary summer employees. After discussion, staff was requested to
place the matter on the agenda for the meeting of March 28, 1974.
2.
COUNSEL FOR THE DISTRICT
a. Mr. Bohn reported that an Agreement with the Atchison, Topeka and
Santa Fe Railway Co., had been finalized. This Agreement provides for
private road access to the District's outfall line and to Industrial
Tank Company. After explanation of the terms of the Agreement by Mr. Bohn,
it was moved by Member. Gibbs, seconded by Member Rustigian, that authorization
for the President and Secretary to execute the Agreement at a cost to the
District of $10,000.00 from the Sewer Construction Fund, be approved.
Carried by the following vote:
03.
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AYES:
NOES:
ABSENT:
Membe rs :
Members:
Members:
Gibbs, Boneystee1e, Rustigian, Allan and Mitchell
None
None
b. Mr. Bohn reported on negotiations held with representatives
of Midland Pump Company regarding installation of pumps at the District's
Water Reclamation Facility. Discussion followed with Mr. Niles, Manager,
Plant Operations, providing additional technical information regarding the
District's requirements and specifications for pumps.
3.
SECRETARY
a. Mr. Davis r~ported that staff recommendations for garbage rate
increases for Orinda/Moraga Disposal Service, Inc., would cover the
period April 1, 1974, to ~pril 1, 1975.
b. Mr. Davis reported that copies of the report by the District's
Citizens Advisory Committee on Solid Waste Recycling had been distributed
to eighteen different agencies or persons, including news media.
c. Mr. Davis reported, that at the request of Mr. Dalton, Deputy
General Manager-Chief Engineer, liaison had. been established with the
Cities of Lafayette and Walnut Creek to arrange for the appearance of
President Mitchell to discuss the County Water Quality Control Study with
the Respective City Councils. After discussion, Mr. Davis was requested
to attempt to schedule the appearances of President Mitchell on a weekly
basis before City Councils of Cities located within the Sanitary District.
4.
COMMITTEES
a. PERSONNEL
Hember Allan, Chairman of the Personnel Committee, reported that
after examination of applicants, the Examining Committee reported no
candid~te qualified for the position of Accountant. After discussion, the
Personnel Committee agreed to meet with Staff to review the internal
functioning of the Accounting Division.
b.
BAY AREA SEWAGE SERVICES AGENCY
Member Gibbs, Member of the Executive and Operating Committees, BASSA,
reported that BASSA had been requested to hold a public hearing to consider
the designation of "208" agencies.
IX.
MATTERS FROM THE FLOOR
l. Member Boneysteele commented on the strike by employees of the City
of San Francisco. Discussion followed.
2. In response to query, Mr. Niles, Manager, -Plant Operations, stated
that the report by Brown and Caldwell on power requirements for the Water
Reclamation Facility would be forthcoming.
X.
ADJOURNMENT
At 11:25 o'clock P.M., President Mitchell adjourned the meeting to
March 28, 1974.
. / ¡
. tpk"",/ .
Presiden f the District Board of the
Central Contra Costa Sanitary District
of Contra Costa County, State of
California
COUNTERSIGNED:
~ I¿ ~ lVÚL.~
Secretary of the District Board
of the Central Contra Costa Sanitary
District of Contra Costa County, State
of California
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