HomeMy WebLinkAboutBOARD MINUTES 06-20-74
369
MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA Sfu~ITARY DISTRICT
HELD JUNE 20,1974
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 June 20,1974, at 8:00 o'clock P.M.
The meeting was called to order by President Mitchell.
I.
ROLL CALL
PRESENT:
Members:
Boneysteele, Rustigian and Mitchell
ABSENT:
Members:
Gibbs and Allan
At 8:03 o'clock P.M., Member Gibbs arrived.
II.
APPROVAL OF MINUTES
After comments by Member Boneysteele and President Mitchell clarifying
the action taken by the Board at the meeting of June 6, 1974, in the case of
William G. Calkins, item was continued.
III.
APPROVAL OF EXPENDITURES
None.
IV.
HEARINGS
1.'
INDUSTRIAL WASTE CONTROL ORDINANCE
President Mitchell opened the hearing on the proposed Industrial Waste
Control Ordinance.
Mr. Horstkotte, General Manager-Chief Engineer, reported receipt of
correspondence from the Bay Area League of Industrial Associations, Inc., dated
June 20,1974. President Mitchell then read the correspondence to the audience
which was a request to'continue the hearing to a future date to permit further
analysis and review of the proposed ordinance by the Bay Area League of
Industrial As~ociations, Inc.
After explanation by Mr. Horstkotte that adoption of an ordinance was
necessary to meet Federal and State Grant requirements, Mr. Henry Fenthagen,
Kaiser-Permanente Medical Center, addressed the Board and requested that the
hearing be continued to also permit further review and clarification of the
proposed ordinance.
Mr. Dutch Reger, Elite Laundry and Dry Cleaners, Martinez, addressed the
Board regarding District sewer service charges in relationship with the
proposed ordinance.
After discussion and comment by Mr. Horstkotte regarding the impact of
commercial water softening discharges into the District's sewer system,
President Mitchell continued the hearing on the proposed Industrial Waste
Control Ordinance to the meeting of July 11, 1974. Item continued.
2.
DISTRICT ANNEXATION NO. 42
President Mitchell opened the hearing on District Annexation No. 42.
Mr. Horstkotte, General Manager-Chief Engineer, reported that no written
protests to District Annexation No. 42 had been received.
In response to query, President Mitchell noted that no pers9ns in the
audience were present to address the Board on District Annexation No. 42.
President Mitchell then closed the hearing on District Annexation No. 42.
Mr. Jay McCoy, Engineering Associate, utilizing maps, outlined the area
and properties to be annexed.
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370
After discussion, the Board took the following action:
RESOLUTION NO. 74-92, A RESOLUTION ORDERING THE ANNEXATION OF TERRITORY
CONTAINED IN DISTRICT ANNEXATION NO. 42 TO THE CENTRAL CONTRA COSTA
SANITARY DISTRICT
It was moved by Member Boneysteele, seconded by Member Rustigian, that
Resolution No. 74-92 be adopted. Carried by the following vote:
AYES:
ABSENT:
Members:
Member:
Gibbs, Boneysteele, Rustigian and Mitchell
Allan
V.
BIDS
None.
VI.
OLD BUSINESS
1.
LID NO. 55, SPRINGHILL ROAD, LAFAYETTE
After explanation regarding the number of parcels of property involved,
Mr. Horstkotte, General Manager-Chief Engineer, reported receipt of
correspondence regarding LID No. '55, dated June 6,1974, from the County
Health Officer and ex officio Health Officer for the District.
After explanation by and upon the recommendation of Mr. Jerry Laster,
Wilson, Jones, Morton and Lynch, Special Counsel to the District, the Board
took the following actions:
It was moved by Member Gibbs, seconded by Member Boneysteele, that the
Health Officer's letter dated June 6,1974, be spread in the Minutes.
Carried by the following vote:
AYES:
ABSENT:
Members:
Member:
Gibbs, Boneysteele, Rustigian and Mitchell
Allan
"June 6, 1974
"Central Contra Costa Sanitary District
1250 Springbrook Road
Walnut Creek, California 94596
"Gentlemen:
Re:
Local Improvement District No. 55
"I am acquainted with the sanitary sewerage project which you propose
to undertake pursuant to special assessment and assessment bond proceedings,
or other appropriate proceedings, which project is more particularly set forth
in your Resolution No. 74-80, requesting recommendation of Health Officer,
adopted June 6,1974, all or a portion of the costs and expenses of which
you propose to assess upon a district or districts shown on the proposed
boundary map for the above entitled district, a copy of which accompanied
the said Resolution.
"I recommend, as necessary as a health measure, that you undertake
proceedings pursuant to appropriate special assessment and assessment' bond
acts of this State, or other appropriate proceedings, as you shall determine,
for the construction of said improvements and for assessing or taxing the
properties to be benefited thereby. This recommendation extends to such
changes and modifications therein as you shall find to be proper or advisable,
in the manner provided by law.
"Yours respectfully,
(signed) Glen W. Kent, M.D.
"County Health Officer as ex officio
Health Officer of the City of Lafayette
and of the Central Contra Costa Sanitary
District"
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371
RESOLUTION NO. 74-93, A RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS
PURSUANT TO APPROPRIATE SPECIAL ASSESSMENT AND ASSESSMENT BOND ACT OR
OTHER APPROPRIATE PROCEEDINGS, FOR THE ACQUISITION AND CONSTRUCTION OF
A SANITARY SEWAGE SYSTEM AND APPURTENANCES WITHOUT PROCEEDINGS UNDER
DIVISION 4 OF THE STREETS AND HIGHWAYS CODE. LID NO. 55
It was moved by Member Gibbs, seconded by Member Boneysteele that
Resolution No. 74-93 be adopted. Carried by the following vote:
AYES:
ABSENT:
Members:
Member:
Gibbs, Boneysteele, Rustigian and Mitchell
Allan
RESOLUTION NO. 74-94, A RESOLUTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS,
LID NO. 55
It was moved by Member Gibbs, seconded by Member Boneysteele, that
Resolution No. 74-94 be adopted. Carried by the following vote:
AYES:
ABSENT:
Members:
Member:
Gibbs, Boneysteele, Rustigian and Mitchell
Allan
Board Members noted receipt of City of Lafayette Resolution No. 45-74,
adopted June 19,1974, A Resolution Granting Consent to Proceedings for
Creation of an Assessment District for Sanitary Sewers.
RESOLUTION NO. 74-95, A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S
REPORT. LID NO. 55
It was moved by Member Gibbs, seconded by Member Boneysteele, that
Resolution No. 74-95 be adopted. Carried by the following vote:
AYES:
ABSENT:
Members:
Member:
Gibbs, Boneysteele, Rustigian and Mitchell
Allan
RESOLUTION NO. 74-96, A RESOLUTION APPOINTING TIME AND PLACE OF HEARING
PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS, AND
DIRECTING NOTICE. LID NO. 55
It was moved by Member Gibbs, seconded by Member Boneysteele, that
Resolution No. 74-96 be adopted. Carried by the following vote:
AYES:
ABSENT:
Members:
Member:
Gibbs, Boneysteele, Rustigian and Mitchell
Allan
RESOLUTION NO. 74-97, A RESOLUTION CALLING FOR SEALED PROPOSALS AND
FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN THE
TIME SPECIFIED. LID NO. 55
It was moved by Member Gibbs, seconded by Member Boneysteele, that
Resolution No. 74-97 be adopted. Carried by the following vote:
AYES:
ABSENT:
Members:
Member:
Gibbs, Boneysteele, Rustigian and Mitchell
Allan
ANNEXATION, DEVIL MOUNTAIN (BRYAN RANCH)
2.
Mr. Dalton, Deputy General Manager-Chief Engineer, utilizing a map,
reviewed for the benefit of persons in the audience, the location and size
of the Bryan Ranch (Devil Mountain) property. He explained that by previous
action, the Board of Directors had expressed intent to annex the Bryan Ranch,
subject to delineation of boundaries so as to exclude designatèd "open space"
areas.
President Mitchell read to the audience correspondence dated May 31, 1974,
received from Mr. Dwight Pate, Project Manager, Bryan Ranch, wherein Mr. Pate
requested the Board to proceed with total annexation of the 625 acres.
President Mitchell then read correspondence, with enclosure, dated June 20,
1974, received from Mrs. Linda A. Moody, Chairman, Amigos de Diablo, wherein
Mrs. Moody requested the Board to defer action in order to permit Amigos de
Diablo sufficient time to make a presentation to the Board on the matter.
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372
A general discussion followed with Board Members and Mr. Bohn, Counsel
for the District, exchanging comments regarding Board general policy on
annexation, "open space." impact of density on treatment capacity and
'intergovernmental functions.
During the discussion, Mr. Pate addressed the Board and stated while
a lawsuit seeking an injunction has been filed opposing the Bryan Ranch
project, in his opinion, it had no merit and therefore, he asked the Board
to forward the application for annexation to the District to the Local Agency
Formation Commission where it would be subject to further hearing.
Also addressing the Board was Mrs. Betty Roberts, representing Amigos
de Diablo. Mrs. Roberts requested the Board to defer action on the matter.
She stated that it was premature to take definiative action in view of pending
litigation on the Bryan Ranch project, the validity of its Environmental
Impact Report, and a proposed redesign of the project.
After discussion, it was the consensus of the Board to èontinue the matter
of annexation of the Bryan Ranch project (Devil Mountain) to the meeting of
July 11, 1974. Item continued.
3.
DISCUSSION PROPOSED BUDGET 1974-75
Mr. Horstkotte, General Manager-Chief Engineer, stated that the proposed
budget for Fiscal Year 1974-75, as presented to Board Members, reflects the
previously authorized 7-1/2% general salary increase for District employees
and eleven individual merit salary increases. However, he said budget item
"Professional Services" ($12,900.00) does not reflect the services of
Elmer Fox and Company as independent auditor to the District for fiscal
year 1974-75. Mr. Horstkotte then recommended that Elmer Fox and Company
be retained for the next fiscal year at an estimated additional increase
in the budget of $6,500.00.'
After discussion, it was the consensus of the Board to entertain a
proposal from Elmer Fox and Company to conduct an independent audit of the
District for Fiscal Year 1973-74.
Board Members reviewed the budget for Fiscal Year 1974-75, as proposed by
staff with Mr. Horstkotte recommending that the Board adopt the current .55~
tax rate per $100.00 of assessed valuation. He explained that .3l4~ of this
tax rate would finance the operations of the District and the remaining .236~
of the tax rate would be reserved for capital improvements. The tax rate for
the District's Bond Fund would approximate .075~ per $100.00 assessed valuation. ,~
A general discussion followed with Board Members and staff exchanging
comments regarding the necessity to retain the current .55~ tax rate and the
major budgetary items of personnel and equipment. During the discussion,
Member Boneysteele read correspondence dated June 10,1974, received from The
Orinda Association regarding the Taxpayers' Inquiry meeting of June, 3, 1974,
which Member Boneysteele attended as District representative.
President Mitchell suggested that the Board consider an arbitrary reduction
in the proposed budget by 5 per cent with particular reference to personnel
and equipment.
After discussion, it was moved by Member Boneysteele, seconded by
Member Rustigian, that the proposed operating budget for Fiscal Year 1974-75,
which includes a 7-1/2% general salary increase, be adopted and that a .55~
tax rate per $100.00 assessed valuation for Fiscal Year 1974-75, be established.
Carried by the following vote:
AYES:
ABSENT:
Members:
Member:
Gibbs, Boneysteele, Rustigian and Mitchell
Allan
RESOLUTION NO. 74-98', A RESOLUTION ESTABLISHING SALARY SCHEDULE FOR
DISTRICT EMPLOYEES
It was moved by Member Boneysteele, seconded by Member Rustigian, that
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373
Resolution No. 74-98 be adopted.
Carried by the following vote:
AYES:
ABSENT:
Members:
Member:
Gibbs, Boneysteele, Rustigian and Mitchell
Allan
4.
CONCORD CONTRACT NEGOTIATIONS
Board Members and Mr. Bohn, Counsel for the District, were provided copies
of a June 19,1974, draft Agreement between the District and the City of Concord.
As Mr. Bohn had not had the opportunity to review the new draft,
President Mitchell scheduled a meeting of the Negotiating Committee for
7:30 o'clock P.M., on July 3,1974. In view of the absence of Member Allan,
Member Rustigian was requested to take his place on the Committee. Item
continued.
5.
COUNTY WATER QUALITY CONTROL STUDY
Board Members, staff and Mr. Bohn, Counsel for the District, reviewed
and discussed proposed correspondence to be signed by President Mitchell and
which would be forwarded to various governmental entities, including Contra
Costa County. The correspondence states that the District Board of Directors
have decided not to participate in the formation of an East/Central Contra
Costa County Wastewater Management Agency.
, After discussion, it was moved by Member Gibbs, seconded by Member
Rustigian, that the President be authorized to execute the proposed
correspondence regarding the County Water Quality Control Study. Carried
by the following vote:
AYES:
ABSENT:
Members:
Member:
Gibbs, Boneysteele, Rustigian and Mitchell
Allan
President Mitchell requested staff to forward a copy of the correspondence
addressed to the Contra Costa County Public Works Director to each individual
member of the County Board of Supervisors.
RESOLUTION NO. 74-99, A STATEMENT OF POLICY FOR COOPERATION WITH
MUNICIPALITIES
Mr. Horstkotte, General Manager-Chief Engineer, and Mr. Bohn, reported
on a recent meeting held between District staff and officials from the City
of Walnut Creek. A discussion ensued with Mr. Bohn reading Resolution
No. 74-99 to the Board.
After discussion wherein President Mitchell requested Secretary Davis
to arrange upon Member Allan's return, a meeting between Board Members,
City Councilmen from the City of Walnut Creek and limited staff representatives,
it was moved by Member Rustigian, seconded by Member Gibbs, that Resolution
No. 74-99 be adopted. Carried by the following vote:
AYES: Members:
ABSENT: Member:
Gibbs, Boneysteele, Rustigian and Mitchell
Allan
VII.
NEW BUSINESS
1.
CONSENT ITEMS
a.
ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT
It was moved by Member Gibbs, seconded by Member Rustigian', that
easements from:
Grantor
Job No.
Parcel No.
S. Raciti, et ux
A. K. Baca
2365
2506
3
1
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374
be accepted and their recording ordered.
Carried by the following vote:
AYES:
ABSENT:
Members:
Member:
Gibbs, Boneysteele, Rustigian and Mitchell
Allan
2.
RESOLUTION NO. 74-100, A RESOLUTION DIRECTING THE PREPARATION OF A
WRITTEN NOTICE, THE GIVING OF NOTICE AND THE HOLDING OF A HEARING WITH
RESPECT TO DELINQUENT SEWER SERVICE CHARGES
It was moved by Member Rustigian, seconded by Member Gibbs, that
Resolution No. 74-100 designating the Hearing with respect to delinquent sewer
service charges for July 25, 1974, be approved. Carried by the following
vote:
AYES:
ABSENT:
Members:
Member:
Gibbs, Boneysteele, Rustigian and Mitchell
Allan
AUTHORIZE EXECUTION OF AGREEMENT WITH CONTRA COSTA COUNTY, ASSESSMENT
DISTRICT 1973-3, SAN RAMON (BISHOP RANCH)
3.
After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it
was moved by Member Boneysteele, seconded by Member Gibbs, that the President
and Secretary be authorized to execute Agreement with Contra Costa County,
Assessment District 1973-3, San Ramon (Bishop Ranch). Carried by the
following vote:
AYES:
ABSENT:
Members:
Member:
Gibbs, Boneysteele, Rustigian and Mitchell
Allan
4.
SOLID WASTE RESOURCE RECOVERY STUDY PROGRESS REPORT
Mr. James Coe, Engineering Associate, presented a progress report on the
'Solid Waste Resource Recovery Study being conducted by Brown and Caldwell,
Engineering Consultant to the District.
In his report, Mr. Coe reviewed current technology for solid waste
resource recovery and indicated that Brown and Caldwell were most interested
in ~ hydro system, the purex system and the CPU 400 system.
After explanation by Mr. Coe on each technology, Mr. Horstkotte
responded to queries by Member Boneysteele and President Mitchell regarding
staff actions to implement various programs as recommended by the District's
Advisory Committee on Solid Waste Recycling.
5.
CLAIM OF JOHN L. SERTICH IN THE AMOUNT OF $49.40
After explanation by staff, it was moved by Member Gibbs, seconded by
Member Boneysteele, that the claim of John L. Sertich in the amount of $49.40
be paid following receipt of a Signed Release in Full Settlement and
Compromise. Carried by the following vote:
AYES:
ABSENT:
Members:
Member:
Gibbs, Boneysteele, Rustigian and Mitchell
Allan
6.
AUTHORIZE CHANGE OF LABORATORY TECHNICIAN, PERMANENT INTERMITTENT
POSITION TO PERMANENT POSITION AND APPOINT PEDRO M. MENDOZA TO
LABORATORY TECHNICIAN PERMANENT
-
After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it
was moved by Member Boneysteele, seconded by member Gibbs, that the position,
Laboratory Technician-Permanent Intermittent be changed to Laboratory
Technician Permanent. Carried by the following vote:
AYES:
ABSENT:
Members:
Member:
Gibbs, Boneysteele, Rustigian and Mitchell
Allan
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375
RESOLUTION NO. 74-101, A RESOLUTION APPOINTING PEDRO M. MENDOZA TO THE
POSITION'OF LABORATORY TECHNICIAN
It was moved by Member Boneysteele, seconded by Member Gibbs, that
Resolution No. 74-101 be adopted. Ca~ried by the following vote:
AYES:
ABSENT:
Members:
Member:
Gibbs, Boneysteele, Rustigian and Mitchell
Allan
7.
AUTHORIZE EXECUTION OF AGREEMENT RELATING TO REAL PROPERTY WITH
R. F. KENNEDY, ET UX, JOB NO. 1276, PARCEL 13, SPRINGHILL ROAD, LAFAYETTTE
After explanation by staff, it was moved by Member Rustigian, seconded
by Member Gibbs, that the President and Secretary be authorized to execute
Agreement Relating to Real Property with R. F. Kennedy, et ux, Job No. 1276,
Parcel 13, Springhill Road, Lafayette. Carried by the following vote:
AYES:
ABSENT:
Members:
Member:
Gibbs, Boneysteele, Rustigian and Mitchell
Allan
8.
AUTHORIZE EXECUTION OF AGREEMENT RELATING TO REAL PROPERTY WITH MORAGA
ENTERPRISES, INC., JOB NO. 1567, PARCEL 31, MORAGA
Mr. Horstkotte, General Manager-Chief Engineer, requested that this
item be withdrawn. No action was taken by the Board.
9.
OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA
None.
10.
INFORMATION
CORRESPONDENCE FROM THE CITY OF WALNUT CREEK DATED JUNE 17, 1974
a.
The correspondence was noted by the Board.
VIII.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
a. Mr. Horstkotte reported on the current construction progress of
LID No. 54-1 through 54-4. In addition, he stated that the treatment
plant holding basin is 90% completed and that conditional authorization to
advertise for bids for the treatment plant, schedule SA, phase II, was received
June 18, 1974.
b. Mr. Horstkotte reported on the current construction progress of
the District's Water Reclamation Project. He stated that approximately
42% of the total concrete requirements had been laid. Progress payment to
the contractor for the month of May exceeded slightly $2,000,000.00.
Total value of work now completed is $11,118,000.00 or 23.6%. However,
the Carpenter's strike, with picketing commencing June 18, 1974, has
closed down construction.
c. In response to query, discussion followed regarding receipt of
grant funds and administrative procedures and regulations for investment of
District monies.
d. Mr. Horstkotte reported on a recent meeting between representatives of
District, EBMUD, the Flood Control District, Supervisor James Moriarity and
a Mr. Donald Anderson, 1896 School Street, Moraga, regarding creek bank
erosion in the vicinity of Mr. Anderson's home. Purpose of the meeting was
to explore costs and a solution to the problem.
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376
e. Mr. Horstkotte reported that the District's 140 foot main 'line
extension with lateral on Las Juntas Way, Walnut Creek cost $2,109.23.
Excluding overhead and engineering, Mr. Horstkotte stated the cost for the
extension to Mr. William G. Calkins, 150 Las Juntas Way, Walnut Creek amounts to
$1,561.03. The balance of the cost will become rebateable to the District
upon further use of the sewer installation by others.
2.
COUNSEL FOR THE DISTRICT
None.
3.
SECRETARY
a. Mr. Davis provided Board Members with a copy of correspondence
dated June 17, 1974, which stated that District representatives would be
unable to attend a Taxpayers Inquiry meeting convened by The Moraga
Association for this date.
b. Mr. Davis reported that staff anticipated a request for garbage
rate increase from Valley Disposal Service, Inc. and Diablo Service, Inc.
After discussion and assuming data was made available to staff, it was the
consensus of the Board to hold a study session on rate increases for the two
franchisees on July 25,1974.
4.
COMMITTEES
a.
BAY AREA SEWAGE SERVICE AGENCY
Member Gibbs, Member of the Executive and Operating Committees, BASSA,
reported on recent activities of BASSA and stated that meetings between BASSA
and selected governmental entities were planned later in the year.
IX.
MATTERS FROM THE FLOOR
1. Member Gibbs reported receipt of correspondence from County Supervisor
James Moriarity regarding a slide condition as reported by Mr. Royce
Buffington, 154 La Espiral, Orinda. President Mitchell reported that he
had visited the site and had discussed the matter with Mr. Buffington.
Staff reported that Mr. Buffington was having a study made to
determine a permanent solution to the existing slide condition. As such study
was anticipated in three weeks, staff desired to defer installation of a
drainage pipe on the property until results of the study were known.
After cautioning staff that this slide condition should be corrected as
soon as practical, President Mitchell displayed pictures which depicted slide
conditions existing on Tice Valley Road, Walnut Creek, wherein District sewer
were exposed or in jeopardy. President Mitchell requested staff to closely
monitor future housing developments with emphasis on enforcement of District
standards and specifications on installation of sewage pipe in areas
conductive to slide conditions.
lines
2. At 10:40 o'clock P.M., President Mitchell declared an executive
session to discuss personnel matters.
At 10:53 o'clock P.M., President Mitchell reconvened the meeting.
X.
ADJOURNMENT
At 10:54 o'clock P.M., President Mitchell adjourned the meeting to
Thursday, July 11, 1974.
COUNTERSIGNED:
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'/ . J ,,"
"¿¡lk~11 ,~L ;;/;1./ '
President of the District Board of the
Central Co~tra Costa Sanitary District of
Contra Costa County, State of California
t:' [¿~
Secretary of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
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