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HomeMy WebLinkAboutBOARD MINUTES 07-25-74 391 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD JULY 25,1974 The District Board of Central Contra Costa Sanitary District convened in an adjourned Regular Session at its regular place of meeting located at 1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on July 25,1974, at 8:00 o'clock P.M. The meeting was called to order by President Mitchell. 1. ROLL CALL PRESENT: Members: Gibbs, Boneystee1e, Allan and Mitchell ABSENT: Member: Rustigian At 8:10 o'clock P.M., Member Rustigian arrived. II. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF JULY 11,1974 After clarification by Mr. Bohn, Counsel for the District, regarding rules of procedure and comment by Mr. Horstkotte, General Manager-Chief Engineer, concerning agreement for services by Bartle Wells and Associates, it was moved by Member Allan, seconded by Member Boneysteele, that the Minutes of the meeting of July 11,1974, be approved as presented. Motion carried by unanimous vote. 2. MINUTES OF THE MEETING OF JULY 18, 1974 After comments by Member Gibbs and President Mitchell suggesting the insertion of additional clarifying information, item was continued. III. APPROVAL OF EXPENDITURES None. IV. HEARINGS 1. LID NO. 55 President Mitchell opened the hearing on LID No. 55. Mr. Horstkotte, General Manager-Chief Engineer, reported that no written prot~sts had been received regarding LID No. 55. He then reported that bids were received this date and that the lowest bid was $34,750.00 received from Camkis, Inc., San Pablo, California. Based upon this bid, the estimated assessment unit for LID No. 55 would be $4,544.64, except for parcels 55-3-3 (Patrick L. and Elizabeth Sullivan) and 55-3-7 (Lois O. Maderious) which parcels would be charged an additional $225.00 each. as annexation fees. After President Mitchell asked for oral protests from those in the audience, Mr. Jerry Laster, Wilson, Jones, Morton and Lynch, Special Counsel to the District, explained administrative procedures related to the financing of the project. After President Mitchell presented an explanation of the rationale for the District's annexation and fixtures charges and noted that the District was contributing approximately $13,000.00 to LID No. 55 under rebate provisions, Board Members and staff responded to queries from persons in the audience re- garding various aspects of LID 55. Among items discussed were: clarification of the District's contribution; clarification of the method for determining the assessment unit; and review of contingency and incidental costs for the project. Participating in this discussion with Board Members and staff were Mr. Alan Tebb, Parcel 55-3-10 and Mr. Robert Fairbanks, Parcel 55-3-11. 07 25 74 392 After noting that no oral protests had been made by persons in the audience, President Mitchell closed the hearing. The Board then took the following actions: RESOLUTION. NO. 74-108, A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS, LID NO. 55 After explanation by Mr. Laster, it was moved by Member Gibbs, seconded by Member Boneystee1e, that Resolution No. 74-108 be adopted. Motion carried by unanimous vote. RESOLUTION NO. 74-109, A RESOLUTION DESIGNATING COLLECTION OFFICER LID NO. 55 After explanation by Mr. Laster, it was moved by Member Rustigian, seconded by Member Boneysteele, that Resolution No. 74-109, be adopted. Motion carried by unanimous vote. RESOLUTION NO. 74-110, A RESOLUTION OF DETERMINATION OF ENVIRONMENTAL EFFECT, LID NO. 55 After explanation by Mr. Laster, it was moved by Member Allan, seconded by Member Rustigian, that Resolution No. 74-110 be adopted. Carried by unanimous vote. RESOLUTION NO. 74-111, A RESOLUTION APPROVING ADDENDUM TO PLANS AND SPECIFICATIONS AND AWARDING CONTRACT, LID NO. 55 After explanation by Mr. Laster, it was moved by Member Boneystee1e, seconded by Member Gibbs, that Resolution No. 74-111, be adopted. Motion carried by unanimous vote. President Mitchell then explained that it was the policy of the Board to conduct an informal hearing when the project is completed and that property owners would receive notice of this informal hearing. He also stated the seal coating for road work would be done one year after com- pletion of the project. 2. DELINQUENT SEWER SERVICE CHARGES President Mitchell opened the hearing on delinquent sewer service charges. Mr. Horstkotte, General Manager-Chief Engineer, reported receipt of one letter protesting the penalty provisions for delinquent sewer service charges. Mr. Horstkotte stated that the matter was essentially a lack of communications. President Mitchell asked for oral protests to the matter of delinquent sewer service charges. Mr. Angel Gomez, 1731 Cole Avenue, Walnut Creek, (Account 245-WC), addressed the Board. In his remarks, Mr. Gomez initially reviewed the circumstances cóncerning the purchase of his property wherein he stated that he had not been informed by the previous owner of a potential sewer service charge being levied against his property. Mr. Gomez related that he had discussed this matter with Counsel for the District and staff and that insofar as he was concerned, had received inadequate justification for levying such a charge. Mr. Gomez requested further clarification from the Board. Board Members and staff then proceeded to explain to Mr. Gomez that Board policy on elective fixture charges had been recently revised and is delineated in the recently enacted Ordinance 97 wherein the Board has amended the District Code on this matter so as to eliminate future elective fixture charge accounts and to liquidate on an equitable basis, existing elective fixture charge accounts currently outstanding. . 07 25 74 393 After further discussion, it was the consensus of the Board to continue the hearing on delinquent sewer service charges to the meeting of August 1, 1974. Staff was requested to review the current status of Mr. Gomez's Account 245-WC and report at the August 1 meeting. Item continued. V. BIDS 1. LID NO. 55 Mr. Horstkotte, General Manager-Chief Engineer, reported that bids for LID No. 55, DSP 2495, opened at 2:00 o'clock P.M., this day, were as follows: Camkis, Inc. 13689 San Pablo Avenue San Pablo, CA 94806 $34,750.00 Peter Cole Jensen, Inc. P. O. Box 553 Danville, CA 94526 $37,935.00 A. P. Pipeline P. O. 353 Concord, CA 94522 $39,900.00 MGM Construction Co. P. O. Box 5757 Concord, CA 94524 $42,6l2.50 W. R. Thomason, Inc. P. O. Box 2249 Martinez, CA 94553 $44,450.00 Briggs Pipeline Co. . ll96 Metten Avenue Pittsburg, CA 94565 $48,710.00 Billings Plumbing Co. P. O. Box 609 Concord, CA 94520 $49,203.00 Upon the recommendation of Mr. Horstkotte, it was moved by Member Allan, seconded by Member Rustigian, that award of LID No. 55, DSP 2495, be made to the lowest bidder, Camkis, Inc., San Pablo, California. Motion carried by unanimous vote. V1. OLD BUSINESS SLIDE CONDITION, 1761 TICE VALLEY BOULEVARD 1. Mr. Horstkotte, General Manager-Chief Engineer, presented Board Members with information on the current status of the slide condition, 176l Tice Valley Boulevard. At the request of Mr. Horstkotte, the Board took no action on the item. 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 Gibbs, that easements from: Grantor Job No. Parcel No. Area Roundhil1 Enterprises 2175 5R-1 Alamo A. Kaplan, et ux 2278 1 Alamo Moraga Country Club Homeowners Assoc 2424 2 Moraga 07 25 74 07 394 Grantor Job No. Parcel No. Area D. S. Lesher 244l 3 Walnut Creek R. G. Byington 2496 1 Alamo N. P. Mussallem, et ux 2496 2 Alamo D. M. Townsend, et ux LID 55 2 Lafayette B. P. Be11port, et ux LID 55 3 Lafayette Rose C. Burger LID 55 4 Lafayette D. T. Schneider, et ux LID 55 5 Lafayette R. E. Eilert, et ux LID 55 6 A & B Lafayette R. R. Dollar, et ux LID 55 7 Lafayette M. D. Fischer, et ux LID 55 8 Lafayette R. E. Fairbanks, et ux LID 55 12 Lafayette be accepted and their recording ordered. Motion carried by unanimous vote. b. AUTHORIZE APPORTIONMENT OF LID 52 ASSESSMENT, APPROVE AMENDED ASSESSMENT DIAGRAM(S) AND AUTHORIZE RECORDING OF SAID DIAGRAM(S) It was moved by Member Allan, seconded by Member Gibbs, that authorization for apportionment of LID 52 assessment, approval of Amended Assessment Diagram(s) and recording of said Diagram(s) as listed below, be approved. Original Assessment No. Amended Assessment No. Apportioned Amt. 52-7-5-16 52-7-5-17 52-7-5-l8 $1,444.29 4,332.87 Motion carried by unanimous vote. 2. HISTORY AND RATIONALE FOR DETERMINATION OF THE DISTRICT'S ULTIMATE SERVICE AREA Mr. Horstkotte, General Manager-Chief Engineer, summarized the 1956 Report prepared by Brown and Caldwell as it pertains to the District's ultimate service area. Mr. Horstkotte stated that essentially the ultimate service area is based upon topography with gravity flow. Mr. Horstkotte stated that the 1966 Report by Brown and Caldwell, which is a sewage survey of the central portion of the county, retains essentially the same service area as defined in the 1956 report except in two instances, the inclusion of Martinez within the District in the north and exclusion of Amador Valley from the District in the south. Discussion followed with Board Members, staff and Mr. Bohn, Counsel for the District exchanging comments on the following matters: the significance and purpose of the ultimate service area boundary line; that the service area boundaries had been used for design of the trunk sys!em; action by the Local , Agency Formation Commission in establishing "spheres of influence" for special districts; and public areas that could be excluded from within the District's ultimate service area. After the discussion, staff was requested to review and report to the Board on possible District's boundaries which would exclude selected public areas. Item continued. 3. POLICY RELATED TO FINANCING AND ANNEXATION GROWTH President Mitchell suggested that the proposed depreciation fund will be used to finance future growth and plant expansion. He stated that funds will be required to maintain and to modernize the District's present plant facilities; and therefore, the depreciation fund shou1d.not be used to finance plant expansion. Discussion followed regarding the adequacy of current District annexation fees and charges in order to finance future plant expansion. Mr. Dalton, Deputy General Manager-Chief Engineer, reported that because of inf1atio~ary factors, current fees and charges for the annexation and connection of new developments were no longer adequate for needed future capital expenditures. 25 74 395 President Mitchell then expressed concern regarding the technical abilities of the District to meet future Federal and State standards for wastewater discharge and air pollution. He stated that an examination should be made to determine the technical limits imposed by the design of the District's plant facilities so the Board Members would know the margin of safety for operation of the plant. President Mitchell stated that he desired a guarantee from the District's contractors that the presently designed incinerators at the plant will meet future air pollution standards. After discussion, staff was requested to review and report on the financial and technical limitations on future annexations and District growth and also policies of other Districts, in particular, the Metropolitan Water District of Southern California. Item continued. 4. PROPOSED CORRESPONDENCE TO MT. VIEW SANITARY DISTRICT Board Members reviewed and discussed proposed correspondence prepared by President Mitchell. After discussion wherein certain amendments were made, it was the consensus of the Board that President Mitchell be authorized to forward the amended correspondence to the Board of Directors, Mt. View Sanitary District. 4a. SLIDE CONDITION, 154 LA ESPIRAL, ORINDA President Mitchell recognized Mr. Royce Buffington, 154 La Espira1, Orinda. Mr. Buffington reported that as a result of previous Board action, he had obtained preliminary bids on three alternative methods to correct the slide condition existing at 154 La Espira1, Orinda. Mr. Buffington indicated that alternative two, which required fill, grading and installation of a storm drain at a total estimated cost of $25,000.00, was favored by him and his neightbor, Mr. Brian H. Jeffcott, 158 La Espira1, Orinda. He therefore requested that the District's proposed contribution to correct the slide condition be increased from $7,500.00 to $12,500.00. Board Members, staff and Mr. Bohn, Counsel for the District, discussed the request of Mr. Buffington and various alternatives to resolve the matter, including the deeding of the affected District property as an additional condition for District contribution to assist in the correction of the slide condition. . After discussion, it was moved by Member Boneysteele, seconded by Member Gibbs, subject to approval by Counsel for the District, that authori- zation of $10,500.00 from the Sewer Construction Fund for correction of the slide condition at 154 La Espira1, Orinda, be approved and that, in addition, the General Manager-Chief Engineer be authorized to contribute the 18" pipe pre-purchased by the District for installation in the drainage way adjacent to the slide, if requested by Mr. Buffington. District is to receive an executed Release absolving it from all liability. Motion carried by unanimous vote. 5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE CALL FOR BIDS, DSP 2121, LINE E, MORAGA After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Gibbs, seconded by Member Allan, that Plans and Specifications for DSP 2121, Line E, Moraga, be approved and that call for bids on the project for August 15, 1974, be authorized. Motion carried by unanimous vote. 6. STAFF REPORT ON AVERAGE DRY WEATHER WASTEWATER FLOW FOR JUNE, 1974 Staff reported that the Average Dry Weather Wastewater Flow for June, 1974, exceeded 80% of treatment plant capacity and therefore in accordance with State Regulatory Agencies, the Board must receive formal notification. The Board acknowledged formally the report by staff. 07 25 74 396 7. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. 8. INFORMATION DISTRICT'S CONSTRUCTION INSPECTORS' MANUAL a. Board Members noted receipt of a copy of the Construction Inspectors' Manual. b. EXCERPT OF MINUTES OF JUNE 13,1974, Mr. VIEW SANITARY DISTRICT - After comment by President Mitchell and response by staff regarding wastewater information made available to various governmental entities from State Agencies, the excerpt of Minutes were noted by the Board. c. EXCERPT OF MINUTES OF AUGUST 16,1974 The Board noted excerpt of Minutes of August 16, 1974, pertaining to Annexation of Blackhawk Ranch. VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. After explanation by Mr. Horstkotte, it was moved by Member Gibbs, seconded by Member Boneystee1e, that authorization to pay Miss Jan Frost salary-for 15 days in lieu of 15 days accumulated vacation, be approved. Motion carried by unanimous vote. b. Mr. Horstkotte reported that Mr. Jack Case, Civil Engineer Assistant II, has achieved registration as a Civil Engineer by the State of California. c. Mr. Horstkotte reported that Mr. Jack Best had purchased 3.2222 years service credit in the County Employees' Retirement Association. Accordingly, District obligation for contribution for this period is $1,036.97. It was moved by Member Allan, seconded by Member Rustigian, that authorization of $l,036.97 as District contribution in the case of Mr. Jack Best to the County Employees' Retirement Association, be approved. Motion carried by unanimous vote. d. Mr. Horstkotte reported that Industrial Tank Corporation chlorinator building located in line with the District's proposed reclaimed water supply line. He stated that.cost to the District the building would not exceed $3,000.00 has a 42 inch to relocate It was then moved by Member Gibbs, seconded by Member Rustigian, that authorization of $3,000.00 from Sewer Construction Fund for relocation of Industrial Tank Corporation's chlorinator building, be approved. Motion carried by unanimous vote. ,2. COUNSEL FOR THE DISTRICT a. RESOLUTION NO. 74-112, A RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION, CONSTRUCTION AND COMPLETION OF CERTAIN PUBLIC IMPROVEMENTS AND AUTHORIZING THE FILING OF CONDEMNATION PROCEEDINGS After explanation by Mr. Bohn, it was moved by Member Gibbs, seconded by Member Allan, that Resolution No. 74-1l2 authorizing condemnation'proceed- ings case of CCCSD vs. Estate of Walter R. Gilmore, LID No. 55, easement parcel l3, be approved. Motion carried by unanimous vote. 07 25 74 397 b. Mr. Bohn read excerpts of Resolution No. 74-107, adopted by the Board on ~u1y 18, 1974, and which pertains to District application to LAFCO for annexation at this time of areas of Bryan Ranch to the elevation of 720 Discussion followed between Board Members, staff and Mr. Bohn regarding contents of a letter transmitting Resolution No. 74-107 to LAFCO. feet. After discussion, Mr. Bohn was requested to prepare the letter of transmittal for review by the board which reflects the rationale of the Board for recommending only annexation of those areas on the eastern portion of Bryan Ranch below the 720 foot level at this time. Item continued. 3. SECRETARY None. 4. COMMITTEES PERSONNEL a. RESOLUTION NO. 74-ll3, A RESOLUTION APPOINTING ROBERT COLLINS POSITION OF CONSTRUCTION INSPECTOR TO THE After explanation by Member Allan, Chairman, and Member Boneysteele, members of the Personnel Committee, it was moved by Member Allan, seconded by Member Boneystee1e, that Resolution No. 74-113, be adopted. Motion carried by unanimous vote. IX. MATTERS FROM THE FLOOR 1. Member Allan commended staff on the Construction Inspectors' Manual prepared by the Engineering Department. 2. President Mitchell and Member Boneystee1e requested that staff prepare for distribution to assessees for future LIDS a specific format on staff methodology of determination of units of assessment. x. ADJOURNMENT At 10:56 o'clock P.M., President Mitchell adjourned the adjourned regular meeting. /1 . tt~â/ President of h District Board of the Central Con a Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: E: l~&ÎMJ~ Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California ~, \"7 ~ ~ () r- ~ ~J r7 ,.'. ~. -;~