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HomeMy WebLinkAboutBOARD MINUTES 11-30-72 .us~ MINUTES OF AN ADJOURNED REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD NOVEMBER 30,1972 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 Calif- ornia, on November 30,1972, at 8:00 o'clock P.M. The meeting was called to order by President Allan. 1. ROLL CALL PRESENT: Members: Boneystee1e, Mitchell, Rustigian and Allan ABSENT: Member: Gibbs II. APPROVAL OF MINUTES 1. MEETING OF NOVEMBER 2,1972 The Minutes of the meeting of November 2,1972, were approved as presented. 2. MEETING OF NOVEMBER 16,1972 After comment by Members Mitchell and Boneysteele, it was moved by Member Mitchell, seconded by Member Rustigian, that the Minutes of the meeting of November 16,1972, be approved after making the following corrections: Under "V1. OLD BUSINESS, 3. EMPLOYMENT SERVICES OF PATENT COUNSEL", delete the penultimate paragraph and insert the following: "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" Under VII. NEW BUSINESS, 6. paragraph and insert: GARBAGE FRANCHISES", delete the last "Member Boneystee1e commented on a memorandum dated November 8,1972, prepared 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." Motion approving the Minutes of the meeting of November 16,1972, as corrected, carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Rustigian and Allan None Gibbs III. APPROVAL OF EXPENDITURES None. IV. HEARINGS None. 11 30 72 190 11 V. BIDS 1. MOTOR VEHICLES Mr. Horstkotte, General Manager-Chief Engineer, reported that bids for motor vehicles, opened at 2:00 o'clock P.M., November 29, 1972, were as follows: Bidder Specification A Specification B Specification C 1 - 2 Dr. Sedan 3 - 1/2 ton PU 2 - 1 Ton Dump 3,199.99V 8,698.99 3,352.88 8,646.38 6,659.91 j 8,864.63 Don Young Ford Sun Valley Ford Concord Dodge After discussion and explanation by Mr. Horstkotte regarding motor vehicle specifications and funds budgeted for new vehicles, and upon the recommendation of Mr. Horstkotte, it was moved by Member Rustigian, seconded by Member Mitchell, that award of bid for specification A (one 2-door sedan) be made to the lowest bidder, Don Young Ford; that award of bid for specification B (3-1/2 ton pickups) be made to the lowest bidder, Concord Dodge; and that award of bid for specifi- cation C (2 - 1 ton dump vehicles) be made to the lowest bidder, Sun Valley Ford. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Rustigian and Allan None Gibbs V1. OLD BUSINESS 1. LOCAL IMPROVEMENT DISTRICT NO. 50 Mr. Bohn, Counsel for the District, reported on the current status of efforts to complete contractual settlement with the District's contractor regarding completion of the pumping stations. Discussion followed. Board Members and Mr. Bohn discussed possible legal action by the City of Martinez to preclude the District from imposing interest charges with its as- sessment proceedings for Local Improvement District No. 50. Imposition of interest charges results from the District granting a City request for a ninety-day delay in the District's assessment proceeding in order to permit Martinez to rezone. It was the consensus of the Board that no definitive action be taken at this time. Mr. Horstkotte, General Manager-Chief Engineer, reported on the current status of rezoning operations by the City of Martinez indicating that the City was on schedule. 2. DISCUSSION REGARDING CONTRA COSTA COUNTY WATER QUALITY STUDY Mr. Horstkotte, General Manager-Chief Engineer, noted Board Members had received copies of correspondence from the Cities of Concord, Antioch and Pittsburg regarding their views on the County's Water Quality Study and its recommendations. He then reported that staff had provided the District's recommendations on the Water Quality Study and then reported on the meeting of Contra Costa Water Agency held on November 21, 1972, and also on a meeting staff held with representatives from the County and Contra Costa County Water District. Discussion followed between Board Members, staff and Mr. Bohn, Counsel for the District. 30 72 In VII. NEW BUSINESS 1. CONSENT ITEMS a. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT It was moved by Member Rustigian, seconded by Member Mitchell, that easements from: Grantor Job No. Parcel No. Alastair M. Gardiner LID 54-1 13 DiGiorgio Development Corp. 2176 1 Scott Realty Co., Inc. 2178 1 Elizabeth B. Brabant 2223 1 Richard Kipers, et ux 2223 2 Delta Counties, Inc. 2235 1 be accepted and their recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Rustigian and Allan None Gibbs 2. CLAIM OF W. G. BOYLE, JR., IN THE AMOUNT OF $105.00 After explanation by Mr. Horstkotte, General Manager-Chief Engineer, and staff, and discussion by Board Members regarding the circumstances and validity of Mr. Boyle's claim, and upon the recommendation of staff, it was moved by Member Boneysteele, seconded by Member Mitchell, that the claim of W. G. Boyle, Jr., in the amount of $105.00, be denied. Carried by the fol- lowing vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Rustigian and Allan None Gibbs 3. AUTHORIZATION OF $5,000.00 FOR SOURCE CONTROL PROGRAM Mr. Horstkotte, General Manager-Chief Engineer, explained that, in order to qualify for grant funds, the District was required to establish a viable source control program to control toxic wastes and infiltration and to identify and locate dischargers of toxic waste. Board Members and staff discussed the source control program and its relationship to the District's sewer service charge program. After Member Boneysteele queried staff and received a negative reply that Bartle Wells and Associates, financial consultant to the District, were not cognizant of funds being requested for this program, it was moved by Member Rustigian, seconded by Member Boneysteele, that authorization of $5,000.00 from Sewer Construction fund for the District's Source Control Program be approved. Carried by the following vote: AYES: Members: Boneysteele, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Member: Gibbs 4. REBATE, JOB 108 After explanation by Mr. Dalton, Administrative Engineer, that staff had previously obligated the District to consider any sewage connection to Job 108 as a rebate installation, it was moved by Member Rustigian, seconded by Member Mitchell, that Job 108 be considered a rebate installation and that funds received for connection to Job 108 be available for rebate. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Rustigian and Allan None Gibbs 11 30 72 HZ 5. STUDY SESSION ON GARBAGE RATE INCREASES 1973 Secretary Davis reported on staff progress in preparing an analysis of financial and operational data received from the District franchisees. After comment by President Allan and discussion by the Board, President Allan and Member Boneysteele agreed to meet with staff on December 2, 1972, for the purpose of providing staff with guidance on type of data and format desired for staff's report. Recognizing that staff would not be prepared to present its report, the Board Members agreed to schedule an additional study session for the meeting of December 7, 1972. It was then moved by Member Mitchell, seconded by Member Rustigian, that a public hearing on garbage rate increases for 1973 be scheduled for the meeting of December 21,1972. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Rustigian and Allan None Gibbs After explaining that his personal schedule would preclude his atten- dance at the meeting of December 7, Member Boneysteele read to Board Members two letters addressed to him concerning garbage rate increases for 1973. Secretary Davis reported on a meeting of the Association of Bay Area Government's Solid Waste Subcommittee held on November 29,1972, in Berkeley, California. Copies of the report were made available to the Board Members. Member Boneystee1e reported receipt of a complaint that one of the District franchisees was not collecting trash placed in plastic bags. After Secretary Davis and Mr. Horstkotte, General Manager-Chief Engineer, reported administrative procedure by staff regarding release of information to the news media, Member Mitchell suggested that adverse comment may have been caused by the amount of the requested rate increase. Mr. George Navone, Orinda/Moraga Disposal Service, Inc., addressed the Board concerning adverse publicity and complaints received from news media and residents regarding its request for a rate increase. After Secretary Davis and Mr. Horstkotte, General Manager-Chief Engineer, reported admini- strative procedures by staff regarding release of information to the news media, Member Mitchell suggested that adverse comment may have been caused by garbage collectors requesting excessive rate increases. Mr. Richard Johnson, resident of the District, addressed the Board and requested that the public hearing on garbage rate increases be held in Lafayette or Moraga, California. After discussion by Board Members, it was the consensus of the Board that the hearing on rate increases be held at the District's Offices because of its centralized location to all residents of the District. 6. INFORMATION a. CORRESPONDENCE FROM CONTRA COSTA COLLEGE After explanation by Mr. Niles, Superintendent of Plant Operations, President Allan expressed the Board of Directors' appreciation to Mr. Niles and his staff for participating with Contra Costa College on a training program related to waste water treatment. b. JOB TITLE FOR ADMINISTRATIVE ENGINEER After discussion and comment by Board Members and staff, it was the consensus of the Board that the job title "Administrative Engineer" be changed in the District's organization, and that the job title "Deputy General Manager-Chief Engineer" be substituted for Mr. Dalton and that organi- zation charts and position (class) specifications be amended to reflect the change. 11 30 '72 193 c. DISCUSSION REGARDING GRANT FUNDING FOR THE DISTRICT'S WATER RECLAMATION PROJECT Board Members, staff and Mr. Bohn, Counsel for the District, discussed alternatives available regarding grant funding for the District's Water Re- clamation Project. d. AUTHORIZATION FOR SPECIAL SERVICES TO BE PERFORMED BY COUNSEL FOR THE DISTRICT Mr. Bohn, Counsel for the District, presented Board Members with copies of a proposal for special services to be provided by Counsel for the District. Board Members, staff and Mr. Bohn discussed Mr. Bohn's proposal with emphasis on the scope of special services to be provided and the amount of remuneration to be authorized. After exchange of views, it was moved by Member Boneysteele, seconded by Member Mitchell, that Counsel for the District be authorized to provide special legal services to the District at a rate of $25.00 per hour plus expenses for a period of three months. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Rustigian and Allan None Gibbs e. DISCUSSION ON SOLID WASTE MANAGEMENT Board Members, staff and Mr. Bohn, Counsel for the District, discussed various aspects of solid waste management as it affects planning by the District and other interested agencies. 7. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. 8. MATTERS FROM THE FLOOR a. AUTHORIZATION TO PURCHASE 4-DOOR SEDAN President Allan commented that at its meeting of June 20,1972, and in its deliberations on the budget for 1972-73, the Board agreed to reconsider authorization to purchase a 4-door sedan. After explanation by Mr. Horstkotte, General Manager-Chief Engineer, and staff that funds had been previously allocated in the budget for 1972- 73 for the purchase of an additional sedan, and after further explanation and discussion regarding vehicle requirements for the District, it was moved by Member Mitchell, seconded by Member Rustigian, that authorization to purchase an additional 4-door sedan be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Rustigian and Allan None Gibbs REPORT ON OPERATION OF MINIATURE (POCKET) COMPUTERS b. In response to query by Member Boneysteele, staff reported that it had elected to purchase a larger more versatile computer. c. DISCUSSION OF ENVIRONMENT IMPACT STATEMENTS Member Mitchell inquired if the requirement for Environmental Impact Statements was having similar impact upon the District as recently reported for cities and counties. Staff replied in the negative. Member Mitchell commented that other governmental agencies, in order to meet their responsibilities, would have to request environmental impact data from the District. He suggested therefore that the District should consider preparation of basic factual data in order to adequately respond to requests from other governmental entities regarding the impact upon the District on environmental matters. 11 30 72 H4 Mr. Dalton, Deputy General Manager-Chief Engineer, responded that, heretofore, the District has not considered itself as basically a plan- ning agency. He stated that State and Federal grant regulatory require- ments stipulate that District treatment plant capacity should not exceed a five-year projection for capacity for the area served. He explained that the present treatment plant expansion program will provide a secondary treatment capacity of 30 million gallons per day by 1976 and would be adequate possibly for additional five-year period. Board Members and staff discussed the impact of this requirement in view of the trend in density population growth for the District and the possible requirement imposed by state regulatory agencies for the District to accommodate and treat the effluent being discharged by the City of Concord and the Mt. View Sanitary District. Mr. Dalton, Deputy General Manager-Chief Engineer, noted that the most critical factor regarding the District's potential treatment plant capacity was the ever growing stringent requirements imposed by air pol- lution control agencies. He stated current regulations stipulate that the present location of the District's treatment plant facility is in a stressed area for air pollution control. Board Members, staff and Mr. Bohn, Counsel for the District, discussed the impact that current and projected regulations of regulatory agencies could have upon the District, other governmental entities, and upon the public. After discussion, staff was requested to explore the development of a factual type of statement concerning the impact of regulatory require- ments upon the District's treatment capacity and its relationship to the requirement for environmental impact statements. d. DISTRICT CORRESPONDENCE TO THE CITY OF CONCORD Mr. Horstkotte, General Manager-Chief Engineer, provided Board Members a copy of District correspondence addressed to the City Council of Concord requesting an early informal meeting between Board Members and the City Council to exchange views regarding both entities' treatment plant facilities. BOARD MEMBER ATTENDANCE AT THE ADVISORY COMMITTEE ON SOLID WASTE RECYCLING, MEETING OF DECEMBER 13,1972 e. Member Boneysteele stated his personal schedule precludes attendance at the meeting of December 13,1972. He suggested a Board Member may wish to represent the Board at the meeting. After discussion, Member Mitchell stated he would attend the meeting as Board representative. VIII. REPORTS 1. COMMITTEES PERSONNEL a. Mr. Horstkotte, General Manager-Chief Engineer, presented correspondence from the President, Central Contra Costa Sanitary District Employees' Associa- tion, stating that after discussion and secret ballot, 72 per cent of the employees requested that notification be made to the U. S. Health, Education and Welfare Department indicating that the District's Employees' Association no longer desired participation in the Social Security Program (OASDI). After discussion by Board Members and staff, it was moved by Member Boneysteele, seconded by Member Mitchell, that the President be authorized to sign a letter addressed to the Health, Education and Welfare Department stating the Central Contra Costa Sanitary District would no longer contri- bute to Social Security (OASDI) beginning January 1,1975. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Rustigian and Allan None Gibbs Staff was requested to notify Distrièt Employees of the Board's action. 1:l 30 72 .L::J..J b. ADVISORY COMMITTEE ON SOLID WASTE RECYCLING Member Boneystee1e, Chairman of the Advisory Committee, presented a report on the meeting of November 22,1972. 2. GENERAL MANAGER-CHIEF ENGINEER a. NOTICE OF COMPLETION, DISTRICT SEWERING PROJECT 2054, CAROL LANE, LAFAYETTE Mr. Horstkotte requested authorization to file Notice of Completion, District Project 2054. After explanation by Mr. Horstkotte, it was moved by Member Mitchell, seconded by Member Boneystee1e, that the contractor be granted a 13 day extension of time because of bad weather conditions and that the General Manager-Chief Engineer be authorized to file Notice of Completion for District Sewering Project 2054, Carol Lane, Lafayette. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneystee1e, Mitchell, Rustigian and Allan None Gibbs b. DISTRICT SEWERING PROJECT 1957, SECOND AVENUE (RAHN COURT), WALNUT CREEK Mr. Horstkotte reported that the contractor for District Sewering Project 1957 had requested a 21-day extension of time to complete the project because of bad weather conditions. Mr. Horstkotte stated the project was approximately 60 per cent completed. He recommended no action by the Board at this time. c. AGENDA ITEMS AND STAFF POSITION PAPERS Mr. Horstkotte commented on current staff administrative procedures to apprise the Board of items on the agenda. In response to his suggestion re- garding use of special folders for Board Members, it was the consensus of the Board that staff continue with present administrative procedures for informing the Board including color coding of agenda items, but that staff refrain from presenting additional documents on the eve of scheduled meetings, unless such material was of an emergency nature. 2. A. MATTERS FROM THE FLOOR At the suggestion of Member Rustigian and after discussion by Board Members and staff, staff was requested to change the agenda so as to schedule "Matters from the Floor" to follow the "Secretary's Report". 3. COUNSEL FOR THE DISTRICT Mr. Bohn requested Board Members and staff to apprise him and/or Mr. Horstkotte, General Manager-Chief Engineer, of pertinent meetings they may have knowledge of. . 4. SECRETARY None. IX. At 11:07 o'clock P.M., meeting. regular adjourned COUNTERSIGNED: ,- I (\ ,~ /< J.Y.Ítl.h( I. - \ Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 11 30 7 ~~ t:,.;