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HomeMy WebLinkAboutBOARD MINUTES 07-11-74 37ì MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD JULY 11, 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 July 11,1974, 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 8:20 o'clock P.M., Member Allan arrived. II. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF JUNE 6,1974 After comment by Member Boneysteele, the Minutes of the Meeting of June 6,1974, were approved as presented. 2. MINUTES OF THE MEETING OF JUNE 20,1974 After comment by President Mitchell and clarification by Mr. Horstkotte, General Manager-Chief Engineer, the Minutes of the meeting of June 20, 1974, were approved as presented. III. APPROVAL OF EXPENDITURES After review of expenditures by Member Rustigian, Chairman of the Expenditure Committee and Member Boneysteele, it was moved by Member Rustigian, seconded by Member Boneysteele, that expenditures, specifically, Sewer Construction Vouchers Numbers 2187 to 2198 inclusive, Running Expense Vouchers Numbers 18414 to 18474 inclusive and Running Expense Vouchers Numbers 18501 to 18566 inclusive (Note: Running Expense. Vouchers Numbers 18475 to 18500 inclusive were not printed), and Payroll Vouchers Numbers 4800 to 4946 inclusive, be approved. Carried by the following vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs IV. HEARINGS 1. INDUSTRIAL WASTE CONTROL ORDINANCE (continued) ORDINANCE NO. 99, AN INDUSTRIAL WASTE ORDINANCE TO AMEND AND SUPPLEMENT THE DISTRICT CODE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT President Mitchell reopened the hearing on the Industrial Waste Control Ordinance. Mr. Horstkotte, General Manager-Chief Engineer, reported receipt of cor- respondence dated June 25,1974, from Kaiser Permanente Medical Centers wherein specific comments were made on selected sections of the draft ordinance. A copy of the correspondence was available to each Board Member. After Mr. Horstkotte presented remarks and clarification of each of the comments offered by Kaiser Permanente Medical Centers, he reported receipt of correspondence dated June 28,1974, from the Bay Area Sewage Services Agency. A copy of the correspondence was available to each Board Member. The BASSA correspondence noted that the District's proposed Industrial Waste OJ;"dinanee was not in uniformity with BASSA's model ordinance, particularly in regard to requirements for toxicity concentrations. 07 11 74 378 Board Members' and staff reviewed and discussed the proposed ordinance, the correspondence received and the model ordinance as prepared by BASSA. During the discussion, Mr. Henry Fenhagen, representing Kaiser Pemanente Medical Centers, addressed the Board and requested further clarification of certain sections of the District's propD&ed ordinance. After discussion wherein Board Members approved various amendments to the ordinance, it was moved by Member Boneysteele, seconded by Member Rustigian, that Ordinance No. 99, as amended, 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 Sanitary District. Carried by the following vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs President Mitchell closed the hearing. V. BIDS None. VI. OLD BUSINESS 1. BRYAN RANCH (DEVIL MOUNTAIN) APPLICATION FOR ANNEXATION President Mitchell read to the audience a written report prepared by Mr. Bohn, Counsel for the District, wherein Mr. Bohn commented on designation of property as "open space" and explained County Administration procedures related thereto. Mr. Thomas Watrous, representing Devil Mountain Co., addressed the Board. Mr. Watrous stated that the Board had approved in principle the annexation of Bryan Ranch in 1973 subject to determination of "open space" boundaries by the County. As the County has taken appropriate action on this matter, he urged the Board to adopt a resolution of application for annexation of Bryan Ranch and forward it to the Local Agency Formation Commission for final determination of "open space" boundaries. Mrs. Linda Moody, representing Amigos de Diablo, addressed the Board. Mrs. Moody stated that Board action on annexation of Bryan Ranch would be premature in view of pending litigation regarding the adequacy of the Bryan Ranch Environmental Impact Report. Further, she stated negotiations were currently being conducted with Ohio Equities, the developer of the project, to reach an accomodation regarding density, elevation and dedication of areas for public use. Mrs. Moody urged the Board to take no action until these matters were resolved. Mr. James Graham, representing Devil Mountain Co. commented that title to "open space areas" would reside with the County and, therefore, not subject to taxation. A general discussion followed wherein Board Members, staff and representatives of Devil Mountain Co. and Mrs. Moody exchanged comments regarding alternative actions available to the Board. RESOLUTION NO. 74-107, A RESOLUTION OF APPLICATION FOR THE ANNEXATION OF BRYAN RANCH (DEVIL MOUNTAIN) TO CENTRAL CONTRA COSTA SANITARY DISTRICT After discussion, it was moved by Member Rustigian, seconded by President Mitchell (who surrendered the gavel for this action), that the Resolution which forwards applciation of District annexation to LAFCO with the recommendation that the District not annex any areas above an elevation of 720 feet on the eastern portions of Bryan Ranch at this time, be approved. Motion failed by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Rustigian and Mitchell Boneysteele and Allan Gibbs 07 11 74 379 Discussion followed wherein Board Members and Mr. Bohn expressed interest in having available more definitive information regarding boundaries. Accordingly, the developer was requested to submit the official preliminary sub- division map as filed by the developer for comparative purposes with a map of the development as prepared by Mrs. Moody. Item was continued until the meeting of July 18,1974. SELECTION OF CONSULTANTS FOR EIR AND REVENUE AND FINANCIAL PLANS, TREATMENT PLANT EXPANSION PROJECT, STAGE 5B 2. a. Board Members and staff reviewed and discussed a proposal from J. B. Gilbert and Associates to conduct an Environmental Impact Report for the Treatment Plant Expansion Project, Stage 5B, at an estimated cost not to exceed $25,000.00. Cost to complete the final EIR after the review process will be presented separately when extent of comments on the EIR are known. After the discussion wherein staff was requested to amend the scope of the EIR to exclude analysis of the effect of serving East and West County areas, it was moved by Member Allan, seconded by Member Rustigian, that the President and Secretary be authorized to execute Agreement with J. B. Gilbert and Associates to prepare an EIR for the Treatment Plant Expansion Project, Stage 5B. Carried by the following vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs b. After review by Board Members and staff of a proposal by Bartle Wells and Associates to prepare a revenue and financial plan for the Treatment Plant Expansion Project, Stage 5B, it was moved by Member Boneysteele, seconded by Member Allan, that the proposal by Bartle Wells and Associates dated July 3, 1974, be accepted. Carried by the following vote: AYES: ABSENT: , Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs Staff was requested to obtain a new agreement with Bartle Wells and Associates to implement the proposal. 3. FINANCIAL STATUS REPORT ON GRANT PROJECTS UNDER CONSTRUCTION Item continued. 4. CONCORD CONTRACT AGREEMENT WITH EXHIBITS Mr. Horstkotte, General Manager-Chief Engineer, reported that the draft Contract Agreement had been amended at the District's Negotiating Committee's meeting of July 3, 1974. He stated that copies of the revised draft had been forwarded for perusal to officials of the City of Concord. Mr. Horstkotte stated that Exhibit B which relates to Flow (volume and strength) Factors and to be prepared by Brown and Caldwell, was not yet available. After discussion, item was continued. 5. COUNTY WATER QUALITY CONTROL STUDY AND JOINT EXERCISE OF POWERS AGREEMENT Board Members reviewed corr~spondence prepared by Mr. Bohn, Counsel for the District, which proposes a meeting between District representatives and representatives of the County Board of Supervisors to discuss the County Water Quality Control Study. After review, it was the consensus of the Board that the President be authorized to execute the correspondence which is addressed to the County Board of Supervisors. 6. STATUS REPORT, PSA 49A, ESTATES DRIVE, LAFAYETTE Utilizing maps, Mr. Horstkotte, General Manager-Chief Engineer, and staff reported results of a District survey of property owners to determine those favoring inclusion in PSA 49A and those in opposition to the project. Staff explained the exclusion of opposing property owners would necessarily result in an increase in the unit of assessment from an estimated $5,500.00 estimated $7,000.00 or $7,330.00 based on alternate boundaries for the PSA. 07 11 74 380 Discussion followed with Mr. Albert H. Kass, 1188 Estates Drive, Lafayette, whp after queries to the Board and staff, stated his opposition to the project. Mr. Robert R. Conner, 42 Valley Drive, Orinda, addressed the Board and urged the Board to proceed with PSA 49A. He explained that without sewer service, he could not build on his property and that further delay would result in a higher cost due to inflation. Member Rustigian reported that Mr. Paul Agajan, 1121 Estates Drive, Lafayette, had personally authorized him to voice Mr. Agajan's opposition to the project. Accordingly, Member Rustigian stated that he would abstain from voting on this matter. After further discussion wherein Mr. Horstkotte recommended that no further action be taken on PSA 49A, it was moved by Member Boneystee1e, seconded by Member Allan, that staff terminate further consideration of PSA 49A and that further expenditure of District monies for this project is not authorized. Carried by the following vote: AYES: ABSTAINING: ABSENT: Members: Member: Member: Boneysteele, Allan and Mitchell Rustigian Gibbs 7. LID 55 CONTRIBUTION UNDER REBATE PROVISION Staff explained that due to realignment of the location for the proposed sewer line to service LID 55, Springhill Road, Lafayette, three parcels located outside LID 55 would be benefited. As the property owners of these three parcels were outside the District's boundaries and did not wish to be included in LID 55, staff recommended that the District contribute $13,357.70 to LID 55 under rebate provisions. After discussion wherein Board Members stated to staff that authorization for District contributions to LID 55 was not to be construed as Board policy, it was moved by Member Allan, seconded by Member Rustigian, that authorization of $13,357.50 from the Sewer Construction Fund as District contribution to LID 55, Springhill Road, Lafayettte, be approved. Carried by the following vote: AYES: Members: Boneysteele, Rustigian, Allan and Mitchell ABSENT: Member: Gibbs At 10:29 o'clock P. M., President Mitchell recessed the meeting. At 10:34 o'clock P.M., President Mitchell reconvened the meeting. VII. NEW BUSINESS 1. a. CONSENT ITEMS 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. Bechtel TP 8 1552 1 & 2 l745 3 2143 3R-l 2259 15 2424 3 2447 1 2466 1 2468 1 2513 1 LID 55 10 LID 55 1 Carried by the following vote: Shell Chemical Corp. J. C. McGeehon, Jr., et al A. G. Breitweiser Builders, Inc. Glorietta Corp. M. C. Larsen, et ux Moraga Enterprises, Inc. Falander Homes Corp. John Muir Inv. Co., partnership G. L. Prewitt, et al Mervyn Mazza, et al J. E. Niebuhr, et ux E. J. Chambers, Jr. be accepted and their recording ordered. AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs .07 11 74 381 b. AUTHORIZE QUIT CLAIM DEED TO GLORIETTA CORP., JOB NO. 2143, PARCEL 3 LAFAYETTE It was moved by Member Allan, seconded by Member Rustigian, that the President and Secretary be authorized to execute Quit Claim Deed to Glorietta Corp., Job No. 2143, Parcel 3, Lafayette. Carried by the following vote: AYES: Members: ABSENT: ,Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs. AUTHORIZE PAYMENT OF $528.00 FOR PROFESSIONAL SERVICES TO JOHN A. BOHN 2. It was moved by Member Allan, seconded by Member Rustigian, that authorization of $528.00 for payment to John A. Bohn for professional services, case of Central Contra Costa Sanitary District vs. Glen Arms Estates, be approved. Carried by the following vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs 3. WS 35N, DSP 2259, WATERSHED TRUNKLINE, DANVILLE After explanation and assurances by Mr. Dalton, Deputy General Manager- Chief Engineer, regarding adequacy of watershed charges for WS 35N.it .was moved by Member Allan, seconded by Member Boneysteele, that Plans and Speci- fications for DSP 2259 be approved and that call for bids for DSP 2259 on August 1, 1974, be authorized. Carried by the following vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs 4. AUTHORIZE CONSTRUCTION OF SEWER UNDER RAILROAD RIGHT OF WAY AGREEMENT, CROW CANYON ROAD After explanation by staff, it was moved by Member Boneysteele, seconded by Member Rustigian, that authorization for construction of e sewer under railroad right of way, Crow Canyon Road, under District rebate provisions, be approved. Carried by the following vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs 5. PROPOSAL OF ELMER FOX & CO. After review of the proposal of Elmer Fox & Co. by Board Members, it was moved by Member Boneysteele, seconded by Member Rustigian, that Elmer Fox & Co. be commissioned to conduct the District's annual audit for fiscal year 1973-1974 at an estimated cost of $6,500.00. Carried by the following vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs 6. AUTHORIZE EXECUTION OF CONSENT TO JOINT USE OF EXCLUSIVE EASEMENT WITH EBMUD It was moved by Member Boneysteele, seconded by Member Rustigian, that the President and Secretary be authorized to execute Consent to Joint Use of Exclusive Easement with EBMUD, LID 52-7, Parcel 9. Carried by the following vote: AYES: Members: Boneysteele, Rustigian, Allan and Mitchell ABSENT: Member: Gibbs SLIDE CONDITION, 1761 TICE VALLEY BOULEVARD 7. Item continued. 0..7 11 7;4 382 8. AUTHORIZE CONSENT TO OFFER OF DEDICATION AND OFFER TO CONSENT.TO DEDICATION OF PUBLIC ROADS, JOB NO. 1787, PARCEL 2, JOB NO. 1934, PARCELS 1 & 2 It was moved by Member Allan, seconded by Member Rustigian, that the President and Secretary be authorized to execute Consent to Offer of Dedication and Offer to Consent to Dedication of Public Roads, Job No. l787, Parcel 2, and Job No. 1934, Parcels 1 and 2. Carried by the following vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs 9. DSP 1938 ANa 2395, ARNOLD HIGHWAY, PACHECO After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Rustigian, seconded by Member Allan, that Plans and Specifications for DSP 1938 and DSP 2395 be approved and that call for bids be authorized. Carried by the following vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs 10. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. 11. INFORMATION a. CORRESPONDENCE FROM MT. VIEW SANITARY DISTRICT DATED JUNE 19, 1974 The_Board noted the correspondence. b. CORRESPONDENCE FROM ALAMEDA COUNTY HEALTH PLANNING COUNCIL DATED JUNE 28, 1974 Tbe Board noted the co~respondence. c. CORRESPONDENCE FROM MT. VIEW SANITARY DISTRICT DATED JULY 3, 1974 The Board noted the correspondence. VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Horstkotte reported that the District's Industrial Waste Ordinance regarding discharge of toxicants is in conformance with the National Pollutant Discharge Elimination System (NPDES). b. Mr. Horstkotte stated that a study to be completed by September 1, 1974, was being made regarding chlorination and dechlorination. This is in accordance with EPA requirements. c. Mr. Horstkotte reported that staff had forwarded correspondence to the RWQCB recommending establishment of a committee of major dischargers for the purpose of exploring contingency plans for supplemental power for pump stations. d. Mr. Horstkotte reported that the District had received a grant from the Environmental Protection Agency in the amount of $11,262,750.00 for Stage 5A, Phase II. e. effec to Mr. Horstkotte reported that the carpenter's strike was still in f. Mr.. Horstkotte reported that Brown and Caldwell were preparing a strength, volume, multiplier agreement for approval by the State. 07 11 74 383 RESOLUTION NO. ,74-102, A RESOLUTION ADOPTING ELIGIBLE LIST FOR SENIOR ACCOUNTANT g. After explanation by Mr. Horstkotte, it was moved by Member Boneysteele, seconded by Member Allan, that Resolution No. 74-102 be adopted. Carried by the following vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs RESOLUTION NO. 74-103, A RESOLUTION APPOINTING RONALD R. REAGAN TO THE POSITION OF SENIOR ACCOUNTANT h. It was moved by Member Allan, seconded by Member Boneysteele, that Resolution No. 74-103 be adopted. Carried by the following vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs i. Mr. Horstkotte reported that Mrs. Page Cardwell, who is retiring July 16, 1974, had in accordance with the Civil Service Retirement System, purchased .3730 years. The District obligation for contribution for this period is $147.l0. It was then moved by Member Allan, seconded by Member Boneysteele that authorization of $l47.l0 for retirement benefits for Mrs. Cardwell be approved. Carried by the following vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs j. Mr. Horstkotte requested authorization for staff attendance at the first annual Watercare Conference to be held July 17-18, 1974, at Newport Beach, California. It was then moved by Member Allan, . seconded by Member Boneysteele, that authorization for transportation and per diem for one member of the staff to attend the Watercare Conference, July l7-l8, 1974, at Newport Beach, be approved. Carried by the following vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs 2. COUNSEL FOR THE DISTRICT None. 3. SECRETARY a. Mr. Davis reported receipt of correspondence dated June 19, 1974, from the City of Walnut Creek regarding cooperation between municipalities and the District. b. Mr. Davis reported that the Board of Supervisors had appointed Mr. Nate Bates as Trustee to the Bay Area Sewage Services Agency as replacement for Mr. James Calvin. Mr. Frank Casada was appointed Alternate Trustee for Mr. Bates. c. Mr. Davis reported that at the request of President Mitchell, a pilot. program for home separation of solid waste was being developed with the cooperation of the District franchisees. d. Mr. Davis reported that requests for garbage rate increases were expected in the near future from Diablo Garbage Disposal, Inc., and Valley Disposal Service, Inc. 4. COMMITTEES None. 07 11 74 384 IX. MATTERS FROM THE FLOOR 1. After discussion wherein Mr. Bohn, Counsel for the District, was requested to prepare appropriate correspondence notifying the City of Concord, it was moved by Member Allan, seconded by Member Boneysteele, that the present contractual agreement between the District and the City of Concord for treatment of wastewater will be terminated effective July 1, 1976. Carried by the following vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs 2. President Mitchell reported receipt of correspondence from Mr. Royce Buffington regarding a slide condition at l54 La Espiral, Orinda. After discussion wherein staff was requested to respond to the correspondence, President Mitchell asked that the matter be placed on the agenda for the meeting of July 18,1974. 3. President Mitchell acknowledged receipt of correspondence dated July 11, 1974, from the District's Employees' Association which was addressed to the General Manager-Chief Engineer. President Mitchell requested Secretary Davis to prepare an appropriate respon~e. X. ADJOURNMENT At 11:22 o'clock P.M., President Mitchell adjourned the meeting. .{ President 0 the Distr1ct Board of the Central C' tra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: E-' // [¿~~ Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 07., 11 74