Loading...
HomeMy WebLinkAboutBOARD MINUTES 11-16-72 J./'j MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD NOVEMBER 16,1972 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 November 16, 1972, at 8:00 o'clock P.M. The meeting was called to order by President Allan. 1. ROLL CALL PRESENT: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan ABSENT: Members: None II. APPROVAL OF MINUTES 1. MINUTES OF OCTOBER 26,1972 It was moved by Member Gibbs, seconded by Member Rustigian, that the Minutes of the meeting of October 26,1972, be approved as presented. Car- ried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None 2. MEETING OF NOVEMBER 2, 1972 After comment by Member Mitchell requesting that the Minutes be further clarified on certain items, and after brief discussion, it was the consensus of the Board to continue the item to the next meeting. III. APPROVAL OF EXPENDITURES None. IV. HEARINGS 1. DISTRICT ANNEXATION 36 RESOLUTION NO. 72-59, A RESOLUTION ORDERING THE ANNEXATION OF TERRITORY CONTAINED IN DISTRICT ANNEXATION 36 TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT President Allan opened the public hearing on District Annexation 36 with explanation and comments by Mr. Horstkotte, General Manager-Chief Engineer. The Board Members and staff reviewed each parcel of property proposed for in- clusion in District Annexation 36. Mr. Horstkotte stated the Secretary of the District had received written signed protests from a majority of the property owners for Parcel No.3 and, therefore, recommended that Parcel No.3 be excluded from District Annexation 36. Names of protesters were: Donald T. Schneider 3482 Springhill Court Lafayette, California 94549 Ed Chambers 3494 Springhill Court Lafayette, California 94549 Barry P. Bellport 3484 Springhill Court Lafayette, California 94549 Edmond Burger 3498 Springhill Court Lafayette, California 94549 11 16 72 180 11 Don Townsend 3485 Springhill Court Lafayette, California Richard Sayre 3500 Springhill Road Lafayette, California 94549 94549 John Tully 3486 Springhill Court Lafayette, California W. L. Richardson 24 Prado Way Lafayette, California 94549 94549 John E. Stevens 3490 Springhill Court Lafayette, California John Petrauskas 36 Prado Way Lafayette, California 94549 94549 Mr. Horstkotte stated written signed protests had been received from 50 per cent of the property owners for Parcel No. 19. Secretary Davis read the protest to the Board. Mr. Horstkotte recommended that that portion of Parcel No. 19 as represented by protest be excluded from District Annexa- tion 36. Name of protesters were: Albert Hann and Emily W. Hann, 432 LaGonda Way, Danville, California 94526. Mr. Horstkotte stated written signed protest had been received from property owners of Parcels Numbers 14, 15 and 16. Secretary Davis read the protest to the Board. Mr. Horstkotte recommended that Parcels Numbers 14, 15 and 16 be included in District Annexation 36. Names of protesters were: Charlotte S. Van Gorden and Margaret A. Francis, 505 Diablo Road, Danvi11e, California 94526. President Allan asked if anyone in the audience desired to register an oral protest. Mr. Arthur Evans addressed the Board requesting additional information regarding District Annexation 36 and in particular his property, Parcel Number 17, Lot Number 2. Mr. Evans expressed interest in the criteria for establishing annexation boundaries and what impact annexation to the Sanitary District would have on him and his property. Board Members and staff replied to Mr. Evans' inquiries and explained certain advantages of early annexation. Mr. Evans thanked the Board Members and staff and stated he did not desire to protest annexation to the District. There being no other persons in the audience desiring to address the Board, Board Members and staff discussed the annexation of each parcel with particular emphasis on those parcels registering protests. After discussion, it was moved by Member Gibbs, seconded by Member Mitchell, that Parcel Number 3 and that portion of Parcel Number 19, as represented by protest, be excluded from annexation to the District and that protest to annexation of Parcels Numbers 14,15 and 16 be overruled and that Resolution No. 72-59, as modified, be adopted subject to further approval by the Local Agency Formation Commission. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Rustigian and Allan None None President Allan ordered the public hearing on District Annexation 36 closed. V. BIDS 1. RESOLUTION NO. 72-60, A RESOLUTION AWARDING SALE OF BONDS, LOCAL IMPROVEMENT DISTRICT NO. 51 Mr. Horstkotte, General Manager-Chief Engineer, reported that bids for sale of improvement bonds, Local Improvement District No. 51, opened at 2:00 o'clock P.M., this day, were as follows: 16 72 181 Amount Interest Rate 1. Stone & Youngberg $50,351. 71 5.4673% 2. Gross and Company, Inc. 50,556.81 5.4895% 3. Juran & Moody, Inc. 51,013.94 5.5392% 4. John Pestana 64,467.08 7.0000% Upon the recommendation of Mr. Horstkotte, it was moved by Member Gibbs, seconded by Member Rustigian, that sale of improvement bonds for Local Im- provement District No. 51 be awarded to the lowest bidder, Stone & Youngberg, and that Resolution No. 72-60 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None V1. OLD BUSINESS 1. DISCUSSION REGARDING CITY OF CONCORD Mr. Horstkotte, General Manager-Chief Engineer, presented Board Members with a copy of a letter forwarded by staff to the Association of Bay Area Governments regarding the City of Concord's project to construct a pumping station and sewage interceptor line with the line to be connected to the District's outfall line. Member Mitchell suggested that as efforts by the staff to meet with of- ficials of the City of Concord had not been overly productive, he recommended that such efforts by staff be abandoned and that the Negotiating Committee be charged with the responsibility of inducing City officials to meet at the earliest possible date. Discussion followed with Mr. Horsktotte stating he was in agreement with Member Mitchell but suggested definitive action be de- ferred until after action by the County Board of Supervisors on November 21, 1972, regarding the County's Water Quality Study. Member Mitchell suggested that City officials may have misapprehension or a preconceived opinion that the District desires or is seeking annexation of Concord and, therefore, he recommended immediate action to meet with City officials to clarify the matter. In the event City officials indicate a re- luctance to meet, Board Members of the District's Negotiating Committee should formally request placement on the City's agenda in order to discuss the matter with the City Council. Mr. Bohn, Counsel for the District, suggested that Board Members of the Negotiating Committee meet informally with the City Council to exchange views on the matter. After discussion by Board Members and Mr. Bohn, it was the consensus of the Board that staff prepare a letter for signature by the Pre- sident addressed to the Mayor of the City of Concord requesting an informal meeting to exchange views. 2. DISCUSSION REGARDING CONTRA COSTA COUNTY WATER QUALITY STUDY Mr. Bohn, Counsel for the District, reviewed the background and activities leading up to the public hearing scheduled for November 21,1972, by the County Board of Supervisors to consider the Contra Costa County Water Quality Study. The purpose of the hearing was to determine which regional plan for handling waste water disposal should be adopted and to determine the implementing agency for such plan. Staff presented, for perusal by Board Members, a letter addressed to the County Board of Supervisors outlining the District's position on the matter and indicating the District would implement plan B-3 through a series of joint exercise of powers agreements with affected agencies. Discussion followed with Board Members indicating that the District initiate such approach initially with the communities of East Contra Costa County. 11 16 72 J.O", It was moved by Member Mitchell, seconded by Member Gibbs, that approval be given to the letter as prepared by staff for transmittal to the County Board of Supervisors with signature by the President. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None 2. a. CONTRA COSTA COUNTY WATER DISTRICT RESOLUTION NO. 72-54, A RESOLUTION REQUESTING CONTRA COSTA COUNTY BOARD OF SUPERVISORS TO NAME CONTRA COSTA COUNTY WATER DISTRICT AND CENTRAL CONTRA COSTA SANITARY DISTRICT AS IMPLEMENTING AGENCIES OF CONTRA COSTA COUNTY WATER QUALITY STUDY RECOMMENDATIONS Mr. Bohn, Counsel for the District, explained the intent and purpose of the Contra Costa County Water District Resolution No. 72-54, a copy of which was provided Board Members. Discussion followed with Board Members indicating an understanding of the Water District's objective but that the District's position on the matter had progressed beyond that as posed in the Resolution by the Water District. Accordingly, it was the consensus of the Board to defer definitive action on the Water District's Resolution No. 72-54. 2. b. CORRESPONDENCE FROM MT. VIEW SANITARY DISTRICT Mr. Horstkotte, General Manager-Chief Engineer, read correspondence from the Mt. View Sanitary District requesting a joint meeting of the Board of Directors of each District to discuss preliminary proposals in the matter of consolidation of facilities. After discussion by Board Members and staff, it was the consensus of the Board to accept the proposal of Mt. View Sanitary District for a joint meeting to be held on December 6,1972, at 7:30 o'clock P.M., in the library of Las Juntas School, Martinez, California. Staff was requested to so notify the Board of Directors, Mt. View Sanitary District. 3. EMPLOYMENT SERVICES OF PATENT COUNSEL Mr. Bohn, Counsel for the District, reviewed the background and current status of the District's interest in employing the services of a patent counsel. He indicated that preliminary investigation by patent counsel indicated that the District may be in possible violation of certain process patents insofar as design of the District's new treatment plant expansion program is concerned. Dr. David Caldwell, Brown and Caldwell, engineering consultant firm for the District, stated the original purpose of his request to employ patent counsel was to institute a novelty search on two or three processes developed as a result of operations of the District's Advanced Test Treatment Facility. In his opinion, he did not consider the District to be in violation of any existing patents insofar as the design of its new treatment plant was concerned. Discussion followed with Member Mitchell stating that original intention of the Board was to initiate action to place into the public domain the new processes that may be developed by the District's research activities so as to preclude any issuance of patents. Member Boneysteele, while in agreement, stated it would be imprudent for the District to proceed without having patent counsel fully investigate the matter. After further discussion, it was moved by Member Gibbs, seconded by Member Mitchell, that patent counsel be requested to submit a proposal to the District regarding procedures or methods to place into the public domain unique or new processes developed by District research activities so as to preclude issuance of patents. Carried by the following vote: AYES: NOES: ABSENT: Members: Member: Members: Gibbs, Mitchell, Rustigian and Allan Boneysteele None Member Boneysteele stated his negative response to the motion was not oriented toward the placing into the public domain of any processes or techniques developed by the District's research activities; rather, his opposition to the motion was predicated upon the limitation of services to be provided by patent counsel. 11 16 72 183 3. a. TREATMENT PLANT DES IGN Member Mitchell expressed concern that the design for the District's new treatment and water reclamation facility should incorporate greater flexibility. He noted the current design commits the District to the use of lime which is detrimental to the water reclamation phase. In addition, he stated the lime process necessitates the use of incineration for the processing of lime and sludge and that while the current design will accommodate the current para- meters imposed by air pollution control agencies, the trend is for more stringent regulations. Lastly, Member Mitchell commented on the plant's computer control system which employs a multiplex system. He expressed concern that, in the event the system failed, there should be a reliable back up or alternative control system available. He referred to BARTD and indicated management would be held responsible especially as alternative and reliable control systems do exist. Discussion followed between Board Members and Dr. David Caldwell with Member Boneysteele noting that the selection of the lime/incineration pro- cess was desirable because of its lower capital cost. Dr. Caldwell stated the design phase has been completed and that the lime/incineration process is necessary in order to meet the stringent water pollution standards. Con- cerning the multiplex system for plant control, he noted that the system did employ conventional sensors but eliminated miles of wire. Concerning plans for possible expansion, Mr. Horstkotte, General Manager-Chief Engineer, in- dicated that adequate space was available; however, in the event the County selected plan B-3 of the Water Quality Study, an additional plant would have to be constructed north of the existing facility to implement the plan. 4. LOCAL IMPROVEMENT DISTRICT NO. 50 Board Members, staff and Mr. Bohn, Counsel for the District, discussed correspondence received from Mr. Jerry Laster, Wilson, Jones, Morton and Lynch, Special Counsel for the District. Mr. Laster reported that Mr. Jack Waltz, Attorney for the City of Martinez, was contemplating a declaratory judgment action and a temporary restraining order to preclude the District from including interest charges in its assessment proceedings for Local Improvement District No. 50. After discussion, it was moved by Member Mitchell, that the District rescind District Resolution No. 72-51, A Resolution Amending Resolution No. 72-48, By Canceling the Time and Place of the Hearing of Protests in Relation to Proposed Acquisitions and Improvements, and Directing Notice, Local Improvement District No. 50. Motion failed for lack of a second. It was the consensus of the Board to take no definitive action on Mr. Laster's correspondence at this time. Mr. Horstkotte, General Manager-Chief Engineer, reported on the current status of activities by the City of Martinez regarding Local Improvement District No. 50. 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. N. T. Riffe, et al Elsie Wi1lemetz Carol B. Erends Leon H. Gartung, et ux E. Wallace Anderson, et ux Ronald J. Prouty, et ux Raymond F. Peif, et ux 2189 2189 2227 2154 LID 54-1 2225 2225 3 4 3 11 5 1 2 11 16 72 184 be accepted and their recording ordered. AYES: NOES: ABSENT: 2. Members: Members: Members: Carried by the following vote: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None CLAIM OF SHIRLEE MOSER IN THE AMOUNT OF $29.13 It was moved by Member Boneystee1e, seconded by Member Gibbs, that the claim of Shirlee Moser in the amount of $29.13 be paid, following receipt of Signed Release in Full Settlement and Compromise. Carried by the following vote: AYES: NOES: ABSENT: 3. Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None RESOLUTION NO. 72-58, A RESOLUTION APPOINTING RICHARD FINCH, MAINTENANCE MAN I It was moved by Member Mitchell, seconded by Member Boneysteele, that Resolution No. 72-58 be adopted. Carried by the following vote: AYES: NOES: ABSENT: 4. Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None AUTHORIZATION FOR AN ADDITIONAL $70,000.00 FOR DISTRICT WORK, WATER RECLAMATION PLANT PROJECT Member Boneysteele inquired if Bartle Wells and Associates, financial consultant to the District for the expansion project, was cognizant of the amount of funds requested. Mr. Dalton, Administrative Engineer, gave a nega- tive reply indicating that Bartle Wells was awaiting final financial estimates from Bechtel Corporation and Brown and Caldwell which are expected by the end of November, 1972. Member Boneysteele, indicated his interest in the matter was related to the adequacy of cash flow funds. After comment that the funds requested were recoverable, it was moved by Member Gibbs, seconded by Member Mitchell, that authorization of an ad- ditional $70,000.00 from the Sewer Construction fund for District work, Water Reclamation Plant Project, be approved. Carried by the following vote: AYES: NOES: ABSENT: 5. Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None AUTHORIZATION FOR $18,200.00 FOR TRUNK SEWER DEFICIENCIES Member Boneysteele inquired if Bartle Wells and Associates were cognizant of the funds requested. Mr. Horstkotte, General Manager-Chief Engineer, gave a negative reply but stated that costs for Trunk Sewer Deficiencies had been allocated in the District's 1972 Sewer Construction Planning Budget. It was moved by Member Gibbs, seconded by Member Mitchell, that authori- zation of $18,200.00 from the Sewer Construction fund for Trunk Sewer De- ficiencies, be approved. Carried by the following vote: AYES: NOES: ABSENT: 11 16 Members: Members: Members: 72 Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None 6. 185 GARBAGE FRANCHISES President Allan reported that he had a recent meeting with representatives of the collecting agencies concerning common problems shared by the collecting agencies and the District. President Allan suggested establishment of two- Member Board Committee to work with the District franchisees and indicated he would be willing to serve on this Committee. After discussion concerning the scope of the proposed Committee's activi- ties and its membership, it was moved by Member Boneystee1e, seconded by Member Gibbs, that a joint Board/Staff Committee on Solid Waste franchising be established and that President Allan and Secretary Davis be designated Members of the Committee. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Rustigian and Allan None None Member Boneystee1e commented on a memorandum dated November 8,1972, pre- pared by staff regarding garbage franchises. He then reported on a letter to the editor which appeared in The Squire, The Lafayette Sun and The Contra Costa Times regarding garbage rates in Palo Alto, California. Secretary Davis was requested to investigate the matter. 7. AUTHORIZATION TO EXECUTE QUIT CLAIM DEED TO MORAGA ENTERPRISE, INC., JOB 2201, PARCEL 31 It was moved by Member Gibbs, seconded by Member Rustigian, that authori- zation for the President and Secretary to execute a Quit Claim Deed to Moraga Enterprise, Inc., Job 2201, Parcel 31, be approved. Carried by the following vote: AYES: NOES: ABSENT: 8. Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None AUTHORIZATION TO EXECUTE CONSENT TO DEDICATION OF PUBLIC ROADS, JOB 2201 It was moved by Member Rustigian, seconded by Member Gibbs, that authori- zation for the President and Secretary to Execute Consent to Dedication of Public Roads, Job 2201, be approved. Carried by the following vote: AYES: NOES: ABSENT: 9. Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None AUTHORIZATION TO EXECUTE CONSENT TO DEDICATION OF DRAINAGE EASEMENT, JOB 2201 It was moved by Member Gibbs, seconded by Member Rustigian, that authorization for the President and Secretary to execute Consent to Dedication of Drainage Ease- ment, Job 2201, be approved. Carried by the following vote: AYES: NOES: ABSENT: 10. Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None AUTHORIZATION TO EXECUTE CONSENT TO DEDICATION OF PUBLIC ROADS, JOB 2197 It was moved by Member Rustigian, seconded by Member Gibbs, that authori- zation for the President and Secretary to execute Consent to Dedication of Public Roads, Job 2197, be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None 11 16 72 186 11 11. INFORMATION a. CORRESPONDENCE FROM DIVISION OF WATER QUALITY CONTROL, STATE WATER RESOURCES CONTROL BOARD In response to query, Mr. Dalton, Administrative Engineer, stated the correspondence from the State was regulatory in nature and was ap- plicable to the District's proposed $2,800,000.00 water reclamation project because it concerned itself with more stringent air pollution control regulations. b. CORRESPONDENCE FROM TECHNICAL ASSOCIATION OF PULP AND PAPER INDUSTRY Subject correspondence was addressed to Member Boneystee1e who indicated his personal schedule precluded his attendance at a conference on pulp and paper recycling in Berkeley, California, on December 6, 1972. After discussion, it was moved by Member Gibbs, seconded by Member Boneysteele, that Secretary Davis express Member Boneysteele's regrets and that Secretary Davis be authorized to attend the conference and that registration fees and necessary expenses be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None c. FINAL EXPENDITURE STATUS - PILOT PLANT PROGRAM Secretary Davis presented a brief explanatory report on the final expenditure report for the pilot plant program. d. CORRESPONDENCE FROM NCC FOOD CORPORATION Mr. Dalton, Administrative Engineer, and staff explained to Board Members the impact that closure of the cannery in Martinez would have upon the District's sewer service charge revenue program and its current design for the treatment plant expansion project. e. CORRESPONDENCE FROM MR. JOHN ZUPPAN, PRESIDENT, STIR Board Members noted correspondence from Mr. Zuppan. f. Mr. Horstkotte, General Manager-Chief Engineer, presented Board Members with a copy of correspondence received from the State Water Re- sources Control Board in response to Shell Oil Corporation comments re- garding the District's Water Renovation Project. 12. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. 13. MATTERS FROM THE FLOOR a. President Allan reported on a meeting held on November 13,1972, to which Presidents of Sanitary Districts in Contra Costa County were invited. Purpose of the meeting was to nominate three sanitary district directors to serve on the newly established County Solid Waste Manage- ment Policy Committee and two staff representatives to serve on the Technical Committee. Board Members were provided with a copy of the Memorandum of Record of the meeting along with Resolution No. 72-1 adopted by that body. b. It was moved by Member Boneysteele, seconded by Member Rustigian, that Mr. Horstkotte, General Manager-Chief Engineer, be authorized medical expense as a result of his recent illness. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None 16 72 HSI c. In response to inquiry, staff indicated that a revised District general organizational chart would be available for the next Board Meeting. d. At the suggestion of Member Mitchell, Secretary Davis was requested to attend an Association of Bay Area Government's sub-committee meeting on solid waste on November 29,1972, in Berkeley, California. e. President Allan suggested that recent events indicated that the District should be more active in local community affairs and that after consultation with Mr. Bohn, Counsel for the District, he recommended that Mr. Bohn be charged with this responsibility. After discussion, Mr. Bohn expressed willingness to accept this responsibility and will provide Board Members with a proposal concerning his scope of activities. VIII . REPORTS 1. COMMITTEES a. PERSONNEL Member Mitchell, Chairman of the Personnel Committee, reported staff had proposed a personnel study to be conducted by State of California re- presentatives. After discussion by Board Members and upon the recommendation of the Personnel Committee, it was the consensus of the Board to defer action on the staff's proposal at this time. b. ADVISORY COMMITTEE ON SOLID WASTE RECYCLING Member Rustigian, representing the Board in the absence of Chairman Boneysteele, presented a report on the Advisory Committee's recent meeting. Copies of the Minutes of this meeting were provided Board Members. c. BAY AREA SEWER SERVICE AGENCY Mr. Gibbs, Member of the Executive Committee, BASSA, presented a report of the meeting of November 15, 1972, at which Mr. Paul De Falco, Coordinator of the Environmental Protection Agency's Regional Office, made an address con- cerning EPA activities. 2. GENERAL MANAGER-CHIEF ENGINEER At the request of Mr. Horstkotte, and after explanation, it was moved by Member Mitchell, seconded by Member Gibbs, that the President be authorized to sign a communication to the California Highway Commission regarding early State construction of a frontage road which is planned to cross the District's treatment plant facilities. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan None None 3. COUNSEL FOR THE DISTRICT Mr. Bohn commented on administrative procedure regarding preparation of the Board's Minutes in the matter of indicating Member's action. He indicated that while he had established a new office for convenience in Piedmont, California, his primary office was still located in Walnut Creek. 4. SECRETARY None. 11 16 72 l'ó'ó 11 IX. ADJOURNMENT At 11:20 o'clock P.M., President Allan adjourned the regular meeting to November 30,1972. ~tA P esident of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: c~ )!'.n ' c ,,(~ C1.h.5~ Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 16 72