HomeMy WebLinkAboutBOARD MINUTES 02-03-72
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MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD FEBRUARY 3, 1972
The District Board of Central Contra Costa Sanitary District convened
in a Regular Session at its regular place of meeting located at 1250 Spring-
brook Road, Walnut Creek, County of Contra Costa, State of California, on
February 3, 1972, at 8:00 o'clock P.M.
The meeting was called to order by President Allan.
I.
ROLL CALL
PRESENT:
Members:
Boneysteele, Gibbs, Mitchell, Rustigian and Allan
ABSENT:
Members:
None
II.
APPROVAL OF MINUTES
The Minutes of the meeting of January 20, 1972, were approved as
presented.
III.
APPROVAL OF EXPENDITURES
It was moved by Member Gibbs, seconded by Member Rustigian, that the
expenditures, as reviewed by the Expenditure Committee and as submitted by
the General Manager-Chief Engineer, be approved, reference being specifically
made to Sewer Construction Vouchers Numbers 1277 to 1305, inclusive, Running
Expense Vouchers Numbers 13945 to 14091, inclusive, Payroll Vouchers Numbers
1261 to 1367, inclusive, Local Improvement District 50 Construction Fund
Vouchers Numbers 142 and 143, and Local Improvement District 51 Construction
Fund Vouchers Numbers 5, 6 and 7. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Rustigian and Allan
None
None
IV.
HEARINGS
None.
V.
BIDS
SIX VEHICLES
After explanation by Mr. Horstkotte, General Manager-Chief Engineer,
and discussion by Board Members, it was moved by Member Mitchell, seconded
by Member Gibbs, that vehicle bids be awarded to below low bidders:
Concord Dodge - three 1/2 ton pickup trucks
Sun Valley Ford - one 3/4 ton dump truck
Don Young Ford - one 1-1/2 ton water truck
Sun Valley Ford - one 1-1/2 ton dump truck
$ 7,352.94
3,291.10
11 ,204.02
6.323.25
Total Cost
$28,171.31
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Rustigian and Allan
None
None
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.LV
OFFICE BUILDING EXPANSION 1972
Mr. Horstkotte, General Manager-Chief Engineer, presented bids for Office
Building Expansion 1972, opened at 2:00 o'clock P.M., this day, which were as
follows:
l.
2.
3.
4.
5.
6.
7.
8.
9.
Malpass Construction Co.
William Dahn Construction Co.
Adapt Construction & Development
Ivar K. Fjellbo
Built-Right Construction Company
N. H. Sjoberg and Son
Kirkham Chaon & Kirkham, Inc.
John R. Ward
M & H Construction
$31,150.00
31,814.00
31,950.00
32,345.00
34,935.00
35,635.00
35,685.00
39,000.00
41,275.00
Upon the recommendation of Mr. Horstkotte, General Manager-Chief Engineer,
it was moved by Member Rustigian, seconded by Member Boneysteele, that the
contract for Office Building Expansion 1972 be awarded to Malpass Construction
Co. on their low bid. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan
Members: - None
Members: None
VI.
OLD BUSINESS
LOCAL IMPROVEMENT DISTRICT 43-5 ASSESSMENT, PARCEL 43-5-24-6, RE:
HUNTWORK COMPLAINT
ROBERT
Mr. Horstkotte, General Manager-Chief Engineer, explained that Mr.
Huntwork's property originally was a part of a larger piece of property which had
been assessed one unit by the District on the supposition it would not be
further subdivided. However, the larger piece of property was sold and sub-
sequently subdivided and credit for this one unit assessment was made to the
first property owner to apply to the District.
Discussion followed between Board Members, staff, Mr. Bohn, Counsel
for the District, Mr. Jerry Laster, representing Mr. Ernest A. Wilson, Special
Counsel for the District, and Mr. David A. Nearon, Counsel for Mr. Huntwork.
Mr. Nearon, utilizing a map, described the extent of Mr. Huntwork's property
and stated that credit for the one unit assessment had been given to a sub-
standard lot. Mr. Nearon further stated that Mr. Huntwork had received no
prior notice from the District that credit for the one unit assessment would
be granted to the first property owner to apply.
Further discussion followed.
Mr. Bohn, Counsel for the District, stated that he would discuss the
matter in detail with Mr. Nearon. Member Gibbs stated that, in his opinion,
and it was the consensus of the Board, the District was entitled to another
assessment and that payment for this assessment should be resolved by the
two property owners involved.
By Board Member consensus, the matter was referred to Mr. Bohn, Counsel
for the District.
REVIEW OF ESTABLISHED SOURCES OF REVENUE
President Allan suggested that, as the report on sources of revenue by
Mr. Dalton, Administrative Engineer, was only a preliminary study, the
Board might wish to devote its major attention to the question of the
sewer service charge.
Member Mitchell stated that, in his opinion, review of District sources
of revenue should have precedence and that implementation of the sewer service
charge could come later.
Mr. Horstkotte, General Manager-Chief Engineer, utilizing maps, explained
in detail the sewer service charge investigation conducted in the Orinda area.
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Board Members and staff then discussed at length the matter of a sewer
service charge. Such discussion focussed on: The necessity for such a charge;
the amount and how it would be applied; the philosophical rationale for such a
charge; and the legal impact the charge would have on property if not paid.
Mr. Horstkotte stated that, because of grant requirements, it
that the charge be implemented by July 1, 1972. Board Members and
discussed the possibility of applying the sewer service charge for
period after which the matter could be reviewed.
was necessary
staff then
a one-year
Member Mitchell suggested that the Board may wish to accept Mr. Dalton's
preliminary report on sources of revenue now, and then proceed to public hearings
so as to permit early implementation. Mr. Horstkotte suggested that implementa-
tion of the sewer service charge, would be administratively more difficult and,
therefore, recommended staff be authorized to complete the service charge investi-
gation for the entire District. After discussion, it was moved by Member
Boneysteele, seconded by Member Rustigian, that staff be authorized an additional
$15,000.00, from Sewer Construction Funds, to complete a District sewer service
charge investigation. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Rustigian and Allan
None
None
Staff will provide interim progress reports on the investigation to the
Board.
Member Mitchell urged that the Board take early action on the matter of
increasing District sources of revenue. Member Mitchell suggested staff pre-
pare a draft Ordinance to incorporate increased fees and charges which could
be determined later. Member Mitchell stated it was his understanding that it
was not the intention of the Board that in the application of fees and charges
that condominiums should be treated like single family units, rather they fall
in the category of multi-family units. Member Mitchell then moved that District
Ordinance be changed to reflect the Board's intent. After discussion, Member
Mitchell withdrew his motion.
Member Boneysteele suggested that annexation charges should increase
annually. After explanation by Mr. Horstkotte, the report by Mr. Dalton on
District sources of revenue was continued to the meeting of February 17, 1972.
VII.
NEW BUSINESS
ACCEPTANCE OF EASEMENTS
It was moved by Member Gibbs, seconded by Member Rustigian, that easements
from James R. Lynn, Job 2074 and Flood Control District, Job 1998, be accepted
at no cost to the District, and their recording ordered. Carried by the fol-
lowing vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneystee1e, Gibbs, Mitchell, Rustigian and Allan
None
None
ESTABLISHING LOCAL IMPROVEMENT DISTRICT PROCEDURES
Mr. Horstkotte, General Manager-Chief Engineer, reviewed for the Board
Members the background on Local Improvement District procedures previously
employed by the staff in cooperation with the County Health Department. He
then explained that, as the result of Board policy adopted in 1969, staff
requested new guidance on procedures to be followed for formation of proposed
sewering areas (P.S.A.) which precede formation of Local Improvement Districts.
Mr. Horstkotte then stated that staff had invited Mr. Ted Gerow and Mr. Green
from the Health Department and Mr. Jerry Laster to be present.
Board Members, staff, Mr. Laster, Mr. Bohn, Counsel for the District,
Mr. Gerow and Mr. Green discussed at length the interrelationship of Health
Department procedures and District staff procedures for establishing P.S.A.'s
prior to formation of Local Improvement Districts.
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18
Mr. Gerow stated Health Department policy is to issue permits for septic
tanks for property on a temporary basis if the property may ultimately be
serviced by the Sanitary District. When such temporary permits are issued,
the applicant is required to sign a petition requesting sewer service, and
is informed that the temporary permit is valid only until sewer connection
is possible.
Member Mitchell suggested a systematic program of informing property
owners holding such temporary permits that a Health Department Certificate
has been issued and that, at some future date, the property owner will be
required to participate in a Local Improvement District. Member Rustigian
supported this approach.
After further discussion on the significance of the Health Department
Certificate, petitions signed by sixty percent of the property owners and
holding of hearings, President Allan suggested staff should provide the Board
with a list of critical proposed sewering areas. Mr. Horstkotte said the
staff would prepare such a list. To be continued.
RAHN COURT AND MAYO LANE. WALNUT CREEK, DISTRICT SEWERING PROJECT 1957
Mr. Horstkotte, General Manager-Chief Engineer, explained that, with the
concurrence of the Board, staff would contact residents of Rahn Court and
Mayo Lane for acquisition of easements based on an engineering concept of
abandoning the existing 10-inch sewer line for Rahn Court and Mayo Lane and
construct a new line which would eliminate conflict with the City of Walnut
Creek's current plans for a 60-inch storm drainage system. In addition,
staff proposes to give property owners connected to the line to be abandoned
the option of letting the main line sewer contractor relocate the side sewers
or the property owner may relocate with District reimbursement at a rate of
$10.00 per foot.
Discussion between Board Members, staff and individuals from the audience
followed. Mr. Harata, Jr., indicated dissatisfaction with the staff's proposal.
Mr. Jones stated that in his opinion, there had been lack of communication in
the past between District staff and the residents of the area and suggested
another hearing on the matter was appropriate. Mr. Morano stated he was a
new owner in the area and not familiar with previous actions.
After further discussion, it was moved by Member Mitchell, seconded by
Member Gibbs, that staff arrange a meeting with the residents of the area
and have a representative of the Board and the City of Walnut Creek present
at such meeting. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Rustigian and Allan
None
None
CONTRA COSTA COUNTY CONSOLIDATED FIRE DISTRICT WEED ABATEMENT CHARGE IN
THE AMOUNT OF $30.00
It was moved by Member Mitchell, seconded by Member Boneysteele, that
payment in the amount of $30.00 be made to Contra Costa County Consolidated
Fire District for weed abatement charge. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Rustigian and Allan
None
None
CONSENTS TO EXECUTION OF EASEMENT, LOCAL IMPROVEMENT DISTRICT 52-7,
PARCELS 10 AND 14, DANVILLE AREA
It was moved by Member Gibbs, seconded by Member Boneysteele, that the
President and Secretary be authorized to execute Consent to Execution of
Easements, Local Improvement District 52-7, Parcels 10 and 14, Danville area,
to East Bay Municipal Utility District. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Rustigian and Allan
None
None
02
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.L7
CLAIM OF MR. JOHN L. FIDLER IN THE AMOUNT OF $141.37
It was moved by Member Gibbs, seconded by Member Mitchell, that the claim
of Mr. John L. Fidler, in the amount of $141.37, be paid following receipt of
signed Release in Full Settlement and Compromise. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Rustigian and Allan
None
None
TIME LIMIT FOR REBATE RECOVERIES
After discussion by Board Members and staff, it was moved by Member Mitchell,
seconded by Member Gibbs, that District Code Sections 9-111, 9-123 and 9-131 be
modified to show a blanket five-year extension for rebate recoveries. Carried by
the following vote:
AYES:
NOES:
ABSENT:
INFORMATION
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Rustigian and Allan
None
None
The Board Members approved the proposed reply to correspondence received
from the Orinda Organic Gardening Club.
ACCEPTANCE OF INDENTURE AGREEMENT
It was moved by Member Gibbs, seconded by Member Rustigian, that acceptance
of Indenture Agreement from Southern Pacific Transportation Company, Job 2061,
at no cost to the District, be approved. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Rustigian and Allan
None
None
RESOLUTION NO. 72-9. A RESOLUTION APPROVING CHANGE IN THE BOUNDARIES OF
ASSESSMENT DISTRICT, LOCAL IMPROVEMENT DISTRICT NO. 50
After explanation by Mr. Laster, representing Mr. Wilson, Counsel for Local
Improvement District No. 50, it was moved by Member Mitchell, seconded by Member
Rustigian, that Resolution No. 72-9 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Rustigian and Allan
None
None
RESOLUTION NO. 72-10, A RESOLUTION REQUESTING THAT THE COUNTY HEALTH OFFICER AND
EX OFFICIO HEALTH OFFICER OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT RECOMMEND
PROCEEDINGS UNDER APPROPRIATE SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS OR OTHER
APPROPRIATE PROCEEDINGS FOR THE CONSTRUCTION OF A SANITARY SEWERAGE SYSTEM AND
APPURTENANCES AS NECESSARY AS A HEALTH MEASURE, LOCAL IMPROVEMENT DISTRICT NO. 50
After explanation by Mr. Laster, it was moved by Member Mitchell, seconded
by Member Rustigian, that Resolution No. 72-10 be adopted. Carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Rustigian and Allan
None
None
Receipt of the Health Officer's letter was reported.
"February 3, 1972
"Central Contra Costa Sanitary District
1250 Springbrook Road
Walnut Creek, California 94596
"Gentlemen:
"Re:
Local Improvement District No. 50
"I am acquainted with the sanitary sewerage project which you propose to
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undertake pursuant to special assessment and assessment bond proceedings, or
other appropriate proceedings, for the sanitary sewer facilities referred to
in your Resolution No. 72-10, adopted the 3rd day of February, 1972, and for
assessing all or a portion of the costs and expenses thereof on a district or
districts shown on the proposed boundary map for the above-entitled district,
attached thereto.
"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,
/s/ Glen W. Kent, M.D./Yoshiye Togasaki, M.D.
"County Health Officer and ex officio Health
Officer of the Central Contra Costa
Sanitary District"
RESOLUTION NO. 72-11, A RESOLUTION DETERMINING RECEIPT OF HEALTH OFFICER'S
LETTER AND THAT PROCEEDINGS ARE NECESSARY AS A HEALTH MEASURE, WITHOUT
PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE, LOCAL
IMPROVEMENT DISTRICT NO. 50
It was moved by Member Mitchell, seconded by Member Rustigian, that
Resolution No. 72-11, be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Rustigian and Allan
None
None
MATTERS FROM THE FLOOR
Member Mitchell reported that, on behalf of the District, he had attended
the Bay Area Pollution Symposium at Stanford Research Institute on January 26,
1972, and the joint meeting of the Bay Counties Water and Environmental Com-
mittee and the Bay Area League of Industrial Associations on January 28, 1972,
in Oakland.
It was moved by Member Gibbs, seconded by Member Boneysteele, that Member
Mitchell be authorized mileage expense for attending the two meetings. Carried
by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Rustigian and Allan
None
None
VIII.
REPORTS
COMMITTEES
Member Boneystee1e corrected the Minutes of the Advisory Committee meeting
on January 25, 1972. Board Members discussed attendance at the next Committee
meeting on February 29, 1972. Member Mitchell stated he would attend.
Member Boneysteele reported that there was one-day Western Regional Conference
on "Resource Recovery: Industry's Approach" to be held on February 10, 1972,
on the University of Southern California campus in Los Angeles. Member
Boneysteele recommended Secretary Davis attend this conference.
It was moved by Member Gibbs, seconded by Member Boneysteele, that
Secretary Davis attend the conference and that round trip air transportation
to Los Angeles and registration fees be authorized. Carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Rustigian and Allan
None
None
02
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72
¿l
GENERAL MANAGER-CHIEF ENGINEER
Mr. Horstkotte, General Manager-Chief Engineer, reported that the State
Water Resources Board has reviewed the District's application for grant funds
and has given approval after increasing the amount from $31.7 million to $38.4
million. Mr. Horstkotte stated a question has arisen concerning bio-nitrification
and denitrification and that a meeting is scheduled for February 10,1972, to
resolve the matter. A discussion followed.
Mr. Horstkotte invited the Board Member's attention to his letter to
Mr. Victor W. Sauer, Contra Costa County Water Agency, regarding that Agency's
draft report on a study of water quality.
Mr. Horstkotte stated staff intends to draft a District Ordinance pro-
hibiting soft water regeneration discharges for consideration of the Board.
Mr. Horstkotte then presented the Board Members, for later consideration,
a letter from Mr. Frank Kelly Associates regarding proposed additional insurance
coverage for District employees. To be continued.
COUNSEL FOR THE DISTRICT
None.
EXECUTIVE SESSION
At 11:50 o'clock P.M., President Allan recessed the meeting to Executive
Session to consider a personnel matter.
At 11:59 o'clock P.M., President Allan reconvened the meeting.
President Allan stated the Board had authorized payment of fifteen days
of accumulated vacation to Mr. Horstkotte, General Manager-Chief Engineer.
IX.
ADJOURNMENT
At 12:00 o'clock P.M., the meeting was adjourned to February 9, 1972,
in the Library, Acalanes High School, 1200 Pleasant Hill Road, Lafayette,
California, by President Allan.
: '
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President of the District Board of the
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
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Secretary of the District Board of the
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
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