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HomeMy WebLinkAboutBOARD MINUTES 07-18-74 385 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD JULY 18,1974 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 18,1974, at 8:00 o'clock P.M. The meeting was called to order by President Mitchell. I. ROLL CALL PRESENT: Members: Gibbs, Boneysteele, Rustigian, Allan and Mitchell ABSENT: Members: None II. APPROVAL OF MINUTES Item continued. III. APPROVAL OF EXPENDITURES None. IV. HEARINGS None. V. BIDS None. VI. OLD BUSINESS 1. BRYAN RANCH (DEVIL MOUNTAIN) APPLICATION FOR ANNEXATION President Mitchell reviewed, for the" benefit of persons in the audience, the action taken by the Board at its meeting of July 11,1974, wherein a resolution for application for annexation of Bryan Ranch (Devil Mountain) failed of adoption by a split vote. Mr. Dwight Pate, Project Manager for the Devil Mountain development, addressed the Board. Utilizing a map, Mr. Pate outlined the plans for stage development, its density, areas designated for "open space", roads and golf course. Mr. Pate, after recognizing that litigation currently exists regarding the project and the negotiations on settlement were in progress, ;i.ndi,cated" """ the intention was to proceed with the project. After noting that the Board approved in principle to the annexation of Bryan Ranch in September, 1973, and that in comparison, other developments requesting for or to be annexed to the District were larger, he urged the Board to forward application for annexation to the Local Agency Formation Commission for definition of boundaries. " After preliminary discussion wherein Board Members queried Mr. Pate regarding plans for construction of approximately 150 units per year in a staged development of the Devil Mountain project over a period of five years, Member Allan and President Mitchell discussed alternatives on limitations for annexation. Member Allan stated that the Board could limit annexation to the 650 foot elevation level since the plan for the first year development of the project is not expected to exceed this 650 foot level. President Mitchell noted that an additional alternative is a yearly limitation on annexation based upon actions and conditions imposed yearly by the Board of Supervisors regarding the development. 07 18 74 386 Mrs. Linda A. Moody, representing Amigos de Diablo, addressed the Board. Utilizing film slides which depicted selected areas of Bryan Ranch and with the use of maps, Mrs. Moody urged the Board not to consider annexation of areas of Bryan Ranch beyond the 720 foot elevation level. President Mitchell commented on the relationship of District financial plans and ad valorem taxes and annexation and connection charges to finance future treatment plant expansion and the operations of the District. He raised the question of plant capacity as a factor in determining policies for annexation to the District. Mrs. Moody responded to Mr. Waltz's comments by citing various sections of the Government Code and the Health and Safety Code of California. She claimed the Board does have the authority to exercise discretion in this matter. At the request of the Board, Secretary Davis read an excerpt of the action taken by the Board at its meeting of September 6, 1973, regarding annexation of Bryan Ranch (Devil Mountain). Discussion followed between Board Members and Mr. Waltz on the matter of limiting annexation of areas of Bryan Ranch (Devil Mountain) at this time to elevation 720 feet. During the discussion Member Gibbs explained to Mr. Waltz that because of the uncertainties of funding and treatment plant capacity, he considered it to be a discretionary action by the Board to limit annexation to the elevation of 720 feet at this time. Furthermore, he considered such action would be beneficial to the community in that time would be available for consideration of alternate means to finance plant capacity. Member Allan commented that it has been the policy of the District to formally notify developers of projects that funding and treatment plant capacity may be a limiting factor insofar as annexation to the District is concerned. After discussion the Board took the following action: RESOLUTION NO. 74-107, A RESOLUTION OF APPLICATION FOR THE ANNEXATION OF BRYAN RANCY (DEVIL MOUNTAIN) TO CENTRAL CONTRA COSTA SANITARY DISTRICT It was moved by Member Gibbs, seconded by Member Rustigian, that Resolution No. 74-107, which forwards to LAFCO application of the District for annexation with the recommendation that the District not annex any areas above an elevation of 720 feet on the eastern portions of Bryan Ranch (Devil Mountain) at this time, be approved. Carried by the following vote: AYES: NOES: Members: Member: Gibbs, Rustigian, Allan and Mitchell Boneysteele Member Boneysteele then explained that the reason for his negative vote was that he did not consider the Board's present action to be consistent with the guidelines and action adopted by the Board at its meeting of September 6, 1973. 2. CONCORD CONTRACT AGREEMENT WITH EXHIBITS Mr. Horstkotte, General Manager-Chief Engineer, and Mr. Dalton, Deputy General Manager-Chief Engineer, reported that the District's proposed contract was presently being reviewed by Counsel for the City of Concord. No new information was available. Item continued. 3. FINANCIAL STATUS REPORT ON GRANT PROJECTS UNDER CONSTRUCTION Board Members reviewed and discussed a financial status report prepared by Mr. Dalton, .Deputy General Manager-Chief Engineer, regarding District projects authorized for receipt of grant funds. In response to queries, Mr. Dalton explained in detail the staff admini- strative procedures for monitoring cash flow, expenditures and investment of monies for each project. 07 1.8 74 387 4. SLIDE CONDITION, l761 TICE VALLEY BOULEVARD Utilizing film slides, staff reported on the current status of the slide condition existing at 1761 Tice Valley Boulevard. Staff explained that because of the slide condition, staff recommended that Job No. 2225 not be accepted until the Contractor takes appropriate action to correct the situation. The Board took no action on this item. 5. SLIDE CONDITION, 154 LA ESPIRAL, ORINDA Board Members, staff and Mr. Bohn, Counsel for the District, reviewed and discussed correspondence dated July 9, 1974, received from Mr. Royce Buffington regarding a slide condition at 154 La Espiral, Orinda. In the correspondence, which included a report by Hallenbeck, McKay and Associates, consultant Geotechnical. Engineers, three alternative methods with costs were presented to arrest the slide condition. During the discussion, in which Mr. Buffington participated, Mr. Bohn, Counsel for the District, recommended that a proposal be presented to Mr. Buffington as the District's share and contribution for correction of the slide condition at l54 La Espiral, Orinda. After the discussion, it was moved by Member Gibbs, seconded by Member Rustigian, that a proposal in the amount of $7,500.00 as the District's share for correction of the slide condition be presented to Mr. Buffington, subject to receipt of a signed Release in Full Settlement and Compromise. Motion carried by unanimous vote. VII. NEW BUSINESS' 1. CONSENT ITEMS None. 2. AUTHORIZE INCREASE IN WATERSHED CHARGES AND FEES, WS 33N AND WS 33S After explanation by staff that watershed charges and fees for the planned construction of a major parallel line (Line G) to San Ramon in 1983 were inadequate, it was moved by Member Gibbs, seconded by Member Allan, that watershed ... charges for WS 33No~th and WS 33Seuth be in¿reased to $500.00 per residential unit of use and to $l,OOO.OO per acre for non-residential use. Motion carried by unanimous vote. AUTHORIZE EXECUTION OF AGREEMENT WITH BLACKWELL HOMES, TRACT 4307 AND 4391, WS 27 3. After explanation by staff, it was moved by Member Rustigian, seconded by Member Gibbs, that the President and Secretary be authorized to execute Agreement with Blackwell Homes, Tracts 4307 and 4391, WS 27. Motion carried by unanimous vote. 4. CLAIM OF MRS. R. C. WILSON IN THE AMOUNT OF $26.75 Upon the recommendation of staff, it was moved by Member Gibbs, seconded by Member Boneysteele, that the claim of Mrs. R. C. Wilson in the amount of $26.75 be paid following receipt of a signed Release in Full Settlement and Compromise. Motion carried by unanimous vote. AUTHORIZE EXECUTION OF AGREEMENT WITH SHELL OIL CO. FOR RELOCATION OF SEWER JOB NOS. 1825 and 1830 5. After explanation by and upon staff recommendation, it was moved by Member Allan, seconded by Member Rustigian, that the General Manager-Chief Engineer be authorized to execute Agreement with Shell Oil Co., Job Nos. 1825 and 1830. Motion carried by unanimous vote. AUTHORIZE EXECUTION OF UTILITIES AGREEMENT NO. 407.13.2 WITH STATE OF CALIFORNIA, ROUTE 4, DSP 1938 and 2395 6. After explanation by Mr. Horstkotte,. .Gene.raLHanaget:-:GhieL.Engineer, it was moved by Member Gibbs, seconded by Member Rustigian, that the President 07 18 74 388 and Secretary be authorized to execute Utilities Agreement No. 407.l3.2 with the State of California, Route 4, DSP 1938 and 2395. Motion carried by unanimous vote. 7. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. 8. INFORMATION a. CORRESPONDENCE FROM CITY OF WALNUT CREEK DATED JUNE 19, 1974 Board Members, staff and Mr. Bohn, Counsel for the District, reviewed and discussed correspondence dated June 19, 1974, received from the City of Walnut Creek which related to District policy for cooperation with municipalities. During the discussion, President Mitchell reported on a meeting held July 17, 1974, between District and City of Walnut Creek representatives. After discussion, wherein staff and Counsel for the District were requested to further review and prepare additional information regarding District authority for cooperation with municipalities, item was continued. VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Horstkotte read to Board Members a Clean Water Grant Bulletin dated July 17, 1974, which was issued by, the State Water Resources Control Board. The Bulletin refers to a recent interpretation by the Counsel for the U. S. Comptroller General wherein the use of ad valorem taxes for operation and maintenance of wastewater treatment facilities is prohibited. After discussion, Mr. Bohn, Counsel for the District, was requested to prepare an appropriate response to be forwarded to Congressional Representatives to amend Section 204 (b) (1) of P.L. 92-500. b. Mr. Horstkotte reported that it was necessary to make modifications to the District's Maintenance building in order to accommodate large vehicles. After discussion, it was moved by Member Gibbs, seconded by Member Boneysteele, that authorization of $855.00 for purchase of a new door for the Maintenance building be approved. Carried by unanimous vote. c. Mr. Horstkotte extended an invitation to Board Members to attend the retirement luncheon for Page Cardwell on July 19, 1974. d. Mr. Horstkotte reported the untimely death of Mr. Frank Kersnar, an associate of Brown and Caldwell. 2. COUNSEL FOR THE DISTRICT a. After comments by Mr. Bohn, Board Members and staff reviewed and discussed policy matters related to financing and annexation growth of the District. After discussion, at lO:57 o'clock P.M., Member Gibbs departed because of illness. b. RESOLUTION NO. 74-104, A RESOLUTION RESCINDING RESOLUTION NO. 74-75 After explanation by Mr. Bohn, 'it was moved by Member Boneysteele, seconded by Member Allan, .that Resolution No. 74-l04 which rescinds Reso~ lution No. 74-75, A Resolution Defining Appraisal Practices, be adopted. Carried by the following vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs 07 18 74 389 c. Mr. Bohn reported that the County Retirement Board had approved authorization for three District employees to extend their length of service to the District to include that period when Clyde C. Kennedy was acting as District Engineer. , d. After comment by Mr. Bohn, it was moved by Member Boneysteele, seconded by Member Allan, that Board Members and two staff members be authorized registration fees, transportation and expenses to attend the California Association of Sanitation Agencies' Annual Work Conference, August 2l-24, 1974, in San Diego. Carried by the following vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs e. Mr. Bonn reported on staff activities related to claims for extras as submitted by the District's contractor, Peterson-Simpson. 3. SECRETARY a. ORDINANCE NO. lOO, AN ORDINANCE CORRECTING NUMBERING ERRORS IN ORDINANCE NO. 98 RELATING TO GARBAGE COLLECTION RATES After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Boneysteele, seconded by Member Rustigian, that Ordinance No. lOO 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 b. RESOLUTION NO. 74-l05, A RESOLUTION SETTING THE 1974-75 RUNNING EXPENSE TAX RATE AT 55", AND SETTING FORTH THE FUNDS REQUIRED FOR GENERAL OBLIGATION BONDS PRINCIPAL AND INTEREST It was moved by Member Boneysteele, seconded by Member Allan that Resolution No. 74-105 be adopted. Carried by the following vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs c. After explanation by Mr. Davis, it was moved by Member Boneysteele, seconded by Member Rustigian, that the President and Secretary be authorized to execute Certification of Funds Necessary for Central Contra Costa Sanitary District and of The Rates of Taxation Necessary to Raise Such Funds. Carried by ,the following vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs RESOLUTION NO. 74-l06, A RESOLUTION ADOPTING ELIGIBLE LIST FOR ACCOUNTING ASSISTANT d. After explanation by Mr. Horstkotte, it was moved by Member Allan, seconded by Member Boneysteele, that Resolution No. 74-l06 be adopted. Carried by the following vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs e. Mr. Davis reported receipt of correspondence dated July 5, 1974, received from The Orinda Association regarding a request to review files concerning a District franchisee. After discussion, Mr. Davis was requested to prepare an appropriate response making the files available. 07 18 74 390 07 4. COMMITTEES a. PERSONNEL Mr. Horstkotte reported that the State Personnel Board, Cooperative Personnel Services, planned to commence its classification and salary survey for the District on July 29, 1974. IX. MATTERS FROM THE FLOOR l. Board Members and Mr. Bohn, Counsel for the District, discussed correspondence dated July 3, 1974, received from Mt. View Sanitary District. After discussion, it was moved by Member Rustigian, seconded by Member Allan that the Board take no action. Carried by the following .vote: AYES: ABSENT: Members: Member: Boneysteele, Rustigian, Allan and Mitchell Gibbs. X. ADJOURNMENT At ll:23 o'clock P.M., President Mitchell adjourned the meeting to July 25, 1974. ¿ J.Þ-ldlt:JC Pr¿sident ~/the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: f I (1J1 ~,,~ Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 18 74