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HomeMy WebLinkAbout11-30-1972 AGENDA BACKUPMINUTES OF A REGULAR MEETINk, OF TEE DISTRCT 30ARD rENTRAL'CONTRA COSTA SANITARY DISTRICT HELD NOVEMBER 2, 1972 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 November 2, 1972, at 800 o'clock P.M. The meeting was cailed to order by President Allan. I. ROLL CALL PRESENT; Members; Boneysteele, Gibbs, Mitchell, Rustigian and Allan ABSENT: Members: None II. APPROVAL OF MINUTES After comment by Member Mitchell and discussion by Board Members it was the consensus of the Board to continue the item, nTI. APPROVAL OF MINUTES", to the meeting of November 16, 1972. In the interval, the Secretary was re- quested to revise the Minutes of :October 26, 1972, in accordance with guidance provided by Board Members. EXECUTIVE SESSION At 805 o'clock P.M., President Allan declared an Executive Session Lo discuss a personnel matter. At 8:48 o'clock P.M., President Allan reconvened the Regular Meeting III. APPROVAL OF EXPENDITURES It was moved by Member Rustigian, seconded by Member Gibbs, that the expenditures, as reviewed by the Expenditure Committee, and as submitted by the Acting General. Manager -Chief Engineer, be approved, reference being specifically made to Sewer Construction Voucl!ers Numbers 1598 to 1625, in- clusive, Running Expense Vouchers Numbers 15316 to 15466, inclusive, Payroll Vouchers Numbers 2315 to 2429, inclusive, Local Improvement District No, 50 Construction fund vouchemNumbers 161 to 1649 inclusive, and Local im- provement District No. 51 Construction fund vouchers numbers 22 and 23. There being no objection by Board Members, motion was approved. None. None. IV. HEARINGS V. BIDS VL OLD BUSINESS STUDY SESSION - DRAFT ORDINANCE ON DISPOSAL SITES Mr. Dalton, Acting General Manager -Chief Engineer, and Mr. Bohn, Counsel for the District, recommended that the Board Members accept the draft District ordinance, dated October 31, i972 as presented by staff, and establish a future date on which the hearing on the draft ordinance would be held. In the iTaerval, staff would have the opportunity to meet with all interested parties in an attempt to resolve controversial items and the interested parties would have an opportunity to review the draft ordinance and prepare appropriate response for the hearing date. After discussion by Board Members and staff, and acknowledgement of •com- munication from the City of Concord on the matter, it vas moved by Member Gibbs, seconded by Member Boneysteele, that the draft District ordinance dated Octo ber 31, i972 be accepted for consideration for adoption by the Board at a hearing to be scheduled for January 18, 1973 There beAng no objections by Board Members, motion was approved, President Allan acknowledged Mr. George Gordon, Attorney, representing Acme Fill Corporation;in the audience. Mr. Gordon acknowledged the Board's action on scheduling a hearing date and welcomed the opportunity to review and discuss the draft ordinance with the District. He noted the County's general plan on solid waste disposal sites was scheduled for presentation to the County Planning Commission on January 16, 1973. He indicated that, while he had not seen the County's final general plan, the intervening interval ay permit opportunity to resolve auy conflicts that may exist between the County's plan and the intent of the District's draft or- dinance. Board Members discussed Mr. Gordon's comments with Member Mitchell re- porting that he had attended the recent meeting of the County's Planning Com- mission wherein the draft of the County's general pian on refuse disposal had been presented. He stated he had presented to the Planning Commission a report an activities of the Sanitary District in the field of solid waste management and the District's interest in protecting the health, safety and welfare of the residents of Central Contra Costa County. Discussion followed regarding Member MItchell's comments and the concept of the County's general plan with interest being expressed in road access to the Acme Fill disposal site. While Mr. Gordon reviewed previous plans by the County to provide a northerly access route to the Acme Fill site, N±. Dalton, Acting General Manager -Chief Engineer, noted that current: County plans envisaged a southerly access route to the disposal site from the freeway frontage road at the District's treatment plant faciliLy. 2. LOCAL EIPROVEMENT DISTRICT NO, 50 Mr. Dalton, Acting General Manager -Chief Engineer, reported that actio by 1:le City of lartineee regarding rezoning of property was on schedule. Mr. Bohn, Counsel for the District, reported progress on final settlement oi the contract with the District's contractor was proceeding although there were some legal questions yec to be resolved. 2 3, HOLDING BASIN, SCHEDULE 11 After explanation by Mr Dalton, Acting General Manager -Chief Engineer, it was moved by Member Gibbs, seconded by Member Rustigian, that authorization for $91,58 from the Sewer Construction fund for final settlement of the cost for the Holding Basin, Schedule II, be approved L There being no objection by Board Members, motion was approved, VII° NEW BUSINSS 1. CONSENT ITEMS ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT _ It was moved by Member Gibbs, seconded by Member Rustigian, that easements from; Grantor J. Michael Transchel, et ux Joseph F. DeLong, et al job No, Parcel No, LID 54-1 16 2154 12 be accepted and their recording ordered. There being no objection by Board Members, motion was approved. 2. CLAIM OF MELANIE M. ROOF IN THE AMOUNT OF $3 908.27 After explanation by Mr. Dalton, Acting General Manager -Chief Engineer, and discussion by Board Members of the staff memorandum, it was moved by Member Rustigian, seconded by Member Gibbs, that the claim of Melanie M. Roof be referred to the District's insurance •carrier with District obligation in the matter not to exceed $1,000.00. There being no objection by Board Members, motion was approved. 3. ACCEPTANCE OF EASEMENT FROM PACIFIC GAS AND ELECTRIC AT A COST OF $200 00 _._ After explanation by Mr. Dalton, Acting General Managel-Chief Engineer, discussion by Board Members, and upon the recommendation of Mr. Dalton, it was moved by Member Boneysteele, seconded by Member Rustigian, that acceptance of an easement, District Sewering Project 1926, Parcel 3, from Pacific Gas and Electric he approved at a cost to the District of $200.00 from Sewer Construction fund. There being no objection by Board Members, motion was approved. 4. AUTHORIZATION OF ADDITIONAL $26,500.00 FOR WATERSHED STUDIES AND ENGINEERING WORK Mr, Dalton, Acting General Manager -Chief Engineer, explained the request for additional authorization of funds was predicated primarilyfor administra- tive purposes and that all funds authorized were eventually recoverable through Watershed charges. Board Members and sLaff discussed the matter with interest being expressed that further expenditure of funds of this nature be deferred until the District's financial consultant, Bartle Wells and Associates, could report° 3 After further discussion and explanation by Mr. Dalton, it was moved by Member Gibbs, seconded by Member Rustigian, that authorization of an ad- ditional $26,500,00 from the Sewer Construction fund for Watershed Studies and Engineering Work be approved, There being no objection by Board Members, the motion was approved. 5 REOUEST OF ORINDA/MORAGA DISPOSAL SERVICE FOR RATE INCREASE, EFFECTIVE JANUARY 1, 1973 6 RF&IJEST OF LAFAYETTE GARBAGE DISPOSAL SERVICE, INC,a_FOR_RATE INCREASE, EFFECTIVE JANUARY I 1973 The Board acknowledged receipt of correspondence from Orinda/Moraga Dis- posal Service and Lafayette Garbage Disposal Service requesting a rate increase effective January 1, 1973. After discussion by Board Members and staff, the Board tentatively scheduled a public hearing to be held on December 7, 1972, to consider the rate increase request, Staff was requested to provide appropriate information and recommenda- tions to permit a study session by the Board at the meeting of November 30, 1972. 7. AUTHORIZATION OF $36,190,00 FOR COMBINED SLUDGE PROCESSING PROJECT After explanation by Mr. Niles, Superintendent of Plant Operations, and discussion by Board Members, it was moved by Member Rustigian, seconded by Member Mitchell, that authorization of $36,190.00 from the Sewer Construction fund for the Combined Sludge Processing Project he approved. There being no objection by Board Members, the motion was approved. 8 INFORMATION ao CORRESPONDENCE FROM THE ASSOCIATION OF BAY AREA GOVERNMENTS Mr, Dalton, Acting General Manager -Chief Engineer, explained that the correspondence from ABAG referred to a project proposed by the City of Concord requesting grant funds to construct a pumping station and an inter- ceptor line to be connected to the District's plant and outfall line. Board Members, staff and Mr. Bohn, Counsel for the District, discussed various ramifications of the proposal, including its relationship to the Counny's Water Quality Study and its possible impact upon the District in the interim period, After discussion, it as the consensus of the Board that staEf pre- pare a commenication for the President's signature indicating District ap- proval of the City's project subject to certain prescribed conditions, b CORRESPOYDENCE FROM CONTRA COSTA COUNTY WATER AGENCY Board Members, staff and 'Mr. Bohn, Counsel for the District, dis- cussed at length and expressed views regarding the correspondence received from the Contra Costa County Water Agency, Mr. Bohn was requested to pre- pare cevtain documents for perusal by ihe Board. c OTHER CORRESPONDENCE Board Members noted correspondence received from the Shell Oil Company dated October 26, i972 9, OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None, 10. MATTERS FROM THE FLOOR It was moved by Member Boneysteele, seconded by Member Gibbs, that, effective this date, sick leave for Hr. Horstkotte, General Manager -Chief Engineer, be ter minated and that Mr, Horstkotte resume his regular duties as General Manager -Chief Engineer. There being no objection by Board Members, the motion was approved. Viii. REPORTS 1„ COMMITTEES a. PERSONNEL Mr. Mitchell, Chairman of the Personnel Committee, commented on ad- ministrative procedures regarding administering personnel examinations, A brief discussion followed, b. NEGOTIATING COMMITTEE FOR CITY OF CONCORD After comments by Member Mitchell, member of the Negotiating Committee, Board Members and staff discussed briefly the current status of -negotiations with the City of Concord. c, ADVISORY COMMITTEE ON SOLID WASTE RECYCLING Member Boneysteele, Chairman of the Advisory Committee, noted Board Members had a •copy of the Minutes of the most recent meeting. He. indicated that as his schedule precluded his attendance at the next meeting on November 8, 1972, Mr. Robert R, Grinstead, Vice Chairman of the Committee, would preside and that Member Rustigian had agreed to attend as a representative of the Boardc d. BAY AREA SEWER SERVICE AGENCY Mr. Gibbs, Member of che Executive Committee of BASSA, gave a curren',: report on acLivities of this agency. 2. GENERAL MANAGER -CHIEF ENGINEER Mr. Dalton, Administrative Engineer, acting for Mr, Horstkotte, Cenral Mana3er-Chief Engineer, reported the following a. Recoramended the Board Members authorize a charge of $4.00 for each copy for the District's hook on Standard Specifications. It was roved by Member Boneysteele, seconded by Member Gibbs, that a charge of $4.00 per copy for the District's Standard Specifications be approved. There being no objections by the Board Members, the motion was approved. 5 b. Requested authorization for Mr. David Niles, Superintendent of Plant Operations, to attend a sludge disposal seminar sponsored by the Environmental Protection Agency in Anaheim, California, November 13-15, I972 It was moved by Member Gibbs, seconded by Member Rustigian, that authorization for Mr, Niles to attend the sludge disposal seminar in Anaheim, California, November 13-15, i972 be approved and that Mr Niles be authorized registration fees, per diem, and transportation. There being no objection by Board Members, the motion was approved. c. Placement of the sewer line in Rahn Court, Walnut Creek, was completed hut the overall project was not complete. d The District's Advanced Treatment Test facility hae. been shut down for modification of the sludge incinerator. He indicated the cost for con- version of the incinerator would approximate $7,000,00 which was :reimbursable, e, Noted the Board Members had received copies ot correspondence fTom. Special Counsel for the District, Wilson, Jones, Morton and Lynch, dated October 31, 1972; Mt. View Sanitary District, dated October 31, 1972; and correspondence by staff to the State Water Resources Control Board. f Receipt of correspondence from Hacienda Homes, Inc., Orinda, Calif- ornia, a copy of which was provided Board Members. Discussion followed with staff being provided guidance by the Board to prepare an appropriate reply. g A meeting before the Local Agency Formation Commission which he had attended regarding sewering the Muir Oaks area. He stated LAFCO had rejected the protest to District Annexation 35 on the basis that the annexation was complete and LAFCO had no further jurisdiction. 3 COUNSEL FOR THE DISTRICT a. Mr. Bohn reported on the current and projected activities as visual- ized by Mr. Ernest M. Anderson, Patent Counsel, insofar as they relate to the District and its treatment and water reclamation plant expansion project. He indicated that, according to Mr. Anderson, there were several patentable items that rthould be clarified. Board Members, staff and Mr. Bohn, discussed the matter including the relationship and responsibilities of the District's engineering consultant firm, Brown and Caldwell, in designing the District's expanded plant project. It was the consensus of the Board that Mr, Anderson and Dr, David Caldwell appear before the Board at its next meeting to discuss the natter b Mr. Bohn suggested that, in the matter of the District's proposed ordinance on disposal sites, a letter be forwarded to Mr. John Clausen, County Counsel, recommending that a sub -committee be formed from the County's newly appointed "Solid Waste Management Policy Committee" to examine the feasibility of a contract or joint exercise of powers agreement with the interested parties. Mr. Bohn suggested representation for the sub -committee should include the District, the County and the City of Concord. 6 Board Mambers indicated that a cooperative approach was desirable and therefore interposed no objection to Mr. Bohn's suggestion. SECRETARY None. IX. ADJOURNMENT At 1141 •o'clock P,14. , President Allan adjourned the meeting. 7 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 Springbrook 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. I. 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. Carried by the fol- lowing vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: 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. 1 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 Barry P. Bellport 3484 Springhill Court Lafayette, California 94549 Don Townsend 3485 Springhill Court Lafayette, California 94549 John Tully 3486 Springhill Court Lafayette, California 94549 John E. Stevens 3490 Springhill Court Lafayette, California 94549 Ed Chambers 3494 Springhill Court Lafayette, California 94549 Edmond Burger 3498 Springhill Court Lafayette, California 94549 Richard Sayre 3500 Springhill Road Lafayette, California 94549 W. L. Richardson 24 Prado Way Lafayette, California 94549 John P e trauskas 36 Prado Way Lafayette, California 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 Annexation 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 Nos. 14, 15 and 16. Secretary Davis read the protest to the Board. Mr. Horstkotte recommended that Parcels Nos. 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, Danville, 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 No. 17, Lot No. 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. Ch 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 No. 3 and that portion of Parcel No. 19, as represented by protest, be excluded from annexation to the District and that protest to annexation of Parcels Nos. 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 Com- mission. Carried by the following vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: 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: 1. Stone & Youngberg 2. Gross and Company, Inc. 3. Juran & Moody, Inc. 4. John Pestana Amount Interest Rate $50,351.71 5.4673% 50,556.81 5.4895% 51,013.94 5.5392% 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 Improve- ment 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: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: None VI. 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. Fr 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 Z:Negotiating Committee be charged with the responsibility of inducing City officials to meet at the earliest possible date. Discussion followed with Mr. Horstkotte 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 D'strict initiate such approach initially with the communities of East Contra Costa County. be of It was moved by Member Mitchell, seconded by Member Gibbs, that approval given to the letter as prepared by staff for transmittal to the County Board 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 4 2, a. CONTRA COSTA COUNTY WATER DISTRICT RESOLUTTUN NO. 72-54,A RESOLUTION )1,5_glIsIlLfc CONTRA COSTA. COUNTY BOARD D. SUPERVISORS TO NAME CONTRA COSTA COUNTY WATER DISTRICT ND CENTRAL CONTRA COSTA SANITARY DISTRICT AS IMPLENENTING ACENC LES OF CONTRA COSTA COUNTY wi-\Illut1221=Egay. FErOMMENDATTONS Mr. Bohn, Counsel for the District, explained the intent and purpose of the Contra Costa County Water District. Resolution Wo o 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 Districts 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. 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 730 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 DistTict, 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. DI 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 plart as concerned. Discussion followed with Member Mitchell stating the original intention of the Board was to initiate action to place into the public domain the new pecceeses that may be developby tha District's researCo activit:Les so an to preclude any issuance of patents. Member Boneysteele, while in agreement, stated it would be imprudent for the District to proceed witlt having patent counsel fully :Investigate the matter. Alter furter discussiot, it was moved 'cy Mee-lber Gibbs, seconded by ',embe: Mitchell, that patent counsel be advised to investigate procedures or methods to place into the public domain unique or new processes develcped by District research activities so as to preclude issuance of patents. Car- ried by the following vote: A,YES: Mambrs; Gibbs, Mitchell, Rustigian and Allan NOES: Member; Boney3teele ABSENT: Members: None MemheTr BoneyseeJ_- stated his ne cre.ponse to the was not orienzed tawa7,:d t74e placinri:, into the public dumain of any p:cocesses o7c techniques deve_oped by the Dist.rict'- rss ea:cch activities; rather his opposiion to the motion was predicated upon the limit tion of se-zvices to be provided b, patent counsel. TAMIEFQ:fT PLOT DESIGN Member Mitchell expressed concern that the desig 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 c,,f lime which is detrimental to the water 'reclamaton phase. In addition, he stated the lime process necessitates the use of incineration for the processing of line and ,ludge and that while the current design will accommodate the ,'7,urrent para- meters imposed by air pollution control agencies, the trend Is for more strinant regulations Lastly, Member Mitchell commented on the plant's computer control system which employs a milltiplex system He expressed concern that, in thf, event the system failed, there should be a reliable betk up or alternative control system available. He referred to BARTD and indicated managsment would be held responsible especially as alternative amd reliable control systems do exist. Discussion followed between Board Menbeas 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 phae has been completed and that the limelincine,fation procesa is necessary in order to meet the stringent water pollution standards. Con celrning the multiplex system for plant control, he noted that the system did employ conventional sensors but eliminated miles of wire. Concerning. plans for poasible expansion, Mr, Horstkotte, General Manage -Chief Engineer, in- dicated that, adequate space was available; however, in the event the County selected plan 33-3 of the Water Quality Study, an additional plant would have LO be constructed north of the existing facility to implement the len. LOCAL IMPROVEEENT DISTRICT NO. 50 Board klember7, 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 Kr. Jack Waltz, Attorney for the City of Martinez, was contemplating a declaratory judgment action and a temporary restraining order to preclude the District from in cluding 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 tiled for lack of a second. It was the consensus of the Board to take no definitive action on Mr. Laster" correspondence at this time. 6 Mr. Horsi-kot General Manager -Chief Engineer reported on the current status of activitie, by the City of Martinez regarding Local Imp-rovement District No. 50. from NEW BUSINESS CONSENT ITEMS a. ACCEPTANCE OF EASEMENTS AT NO COST TO TEE DISTRICT: was molid by Member Gibbs, seccnded by N.mbeT Rustigian th&t easewents Grantor Job No. _arce] No. N. A:, Riffe, et al 2189 3 Elsie Willemet; 2189 4 Carol B. Erends 2227 3 Leon H. Gartung, e ux 215 11 E. Wallace Anderson, et ux LID 54-1 5 Ronald J. Prouty, et ux 2225 1 Raymond F. Peif, et ux 2225 2 be accepted and their recording ordered. Carried by the following vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSEeT! Members: None 2. CLAIM OF SEIRLEE MOSER IN THE AMOUNT OF $29.13 It was moved by Member Boneysteele, 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: Members: Boneysteele Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: None 3 RESOLUTION NO, 72-53, tA RESOZUlION APPOINTING RICHARD FINCH, MAINTENANCE MAN I It was moved by Member Mitchell, secone,ed by Member Boneystaele, that Resolution No. 72-58 be adopted. Carried by the following vote AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Nembers: None ABSENT: Mambers: NLne 4. AUTHORIZATION FOR AN ADDITIONAL '"70,000.00 Foa DISTRICT 'd-0.71(!,,,TATER RECLAMATION PLANTPROJECT Member Boneysteelainquired iE Bartle Wells and Associates, financial consultant to the District for the expansion project, as cognizant of the 1 1 mount of funds recuesteth Mr,, Dalton, Admtrative Engineergave a nega- rive reply indicatizg that Bartle Wells was awaiting final financial estimates from Bechtel Corporation and Brown and Caldwell which aze expected by the end of Novmb-;:, 1972, Member Boneysteele indicated his intorest in the matter was related to the adequacy of cash flow funds. After comapen'Z that the funds requested were reco7erable, it was moved by Nether Gibbs, seconded by Member Mitchell, that authorization of an ad ditional $70,000,.00 frm the Sewer Construction fund for District Work, Water R--,clamation Plant irolect, be approved. Carried by the following vote AYES Members g Boneystezle, Gibbs, Mdtbell, Lustigian and Allan NOES; Members: None AB3ENT7, Members None AUTHORIZEJON :TOR '18 :00.00 FOR TRUNK SEN7R DEFICIENCIES hembe-r Boneystel,- inquired if Bartle Wells and Associates were ognizant of the funds requested, Mt. Horstkotte, General Manager -Chief alaginse„., gave negative repl- but stated that costs for Trunk Sewer Deficiencies had bean allocated in th, District's 1972 '''ewer Construction Planning Budget. It vas moved by Mamba"- Gibbs, seconded by Member Mitchell, that authori- zation of $18200M0 from the Sewer Construction fund for Trunk Sewer De ficiencies, be approved. Carried by the following vote MESMembers Boneysteele, Gibbs, ditchell, Rustigian an& Allan NOES!; MembersNone ABSENTMember— None. 6, GARBAGE FRANCHISES President Allan reported that he had -1 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 activities and its membership, it was moved by Member Boneysteele,' 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 Yember s of the Committee Carried by the following vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members;: None ABSENT: Members: None 8 Member Boneysteele commented on a memorandum dated November 8, 1972, , prepared by staff regarding garbage franchises. He then reported on an — article that appeared in The Squire regarding garbage rates in Palo Alto, 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: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: None 8. 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: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: None 9. AUTHORIZATION TO EXECUTE CONSENT TO DEDICATION OF DRAINAGE EASEMENT, JOB 2201 It was moved by Member Gibbs, seconded by Member Rustigian, that authoriza- tion for the President and Secretary to execute Consent to Dedication of Drain- age Easement, Job 2201, be approved. Carried by the following vote: 1 AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: None 10. AUTHORIZATION TO EXECUTE CONSENT TO DEDICATION OF PUBLIC ROADS, JOB 2197 It was moved by Member Rustigian, seconded by Member Gibbs, that authoriza- tion for the President and Secretary to execute Consent to Dedication of Public Roads, Job 2197, be approved. Carried by the following vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: None 11. INFORMATION a. CORRESPONDENCE FROM DIVISION OF WATER •UALITY 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 applicable to the Dis.r ict's Loposed '2800,000,00 waz,ez reciamaz:ion pr oject because it conc,_raed itse71: with more Stringent air pollw:ion cont',col -,cegulat:Lons, b, CORP-SPOND7WC7 ' 'FN7CAY ASSOCT'\-TADMOF-ouf-7' JD PAPER IOUSTRE Subject correspondence was addressed to Meurer Ikneysteele who indicated his personal schedule precluded his attendance et a c,nference on pulp and paper recycling in Berkeley, California, on December 6, 1972, After discussion, it was meved by Member Gibbs, seconded by Nembe Boneysriezin, that SecTetary Davis expre Membe7 Boneysteele's regrets and that Secretary Davis be authoi-el to attend the confPrea e and that: registration fees and ne.assary expenses be approved. Carried by the following vote7; AYES Membes BoneystePle, Gibbs Mitchell, RnsZ:igLr, ,And Allan NOES Members None ,-28SE9TT, Members None c. F1NAI EX7ENT)TTM7 STATES - PILOT PLAT PROGR6E Scxetary Davis presented a brief explanatory pen6iture report for the plant program. CORRESPONDENCE FROM NCC FOOD CORPORATION ort on the final ex_ Mr. Da1ton. Administrat:ive Engineer, and staff explained to Board Members the impact that closure of the cannery in MaY:tinez would have upon the District's sewer service charge revenue program and its current design for the treatment plant expansion project. 2. CORRESPONDENCE FROM MR, JOHN aT,TPPAN _RESIDENT STIR Board Mambers noted correspondence from Mr. Zu,,,,.'ext. f. Mr, Hozstkotte, General Manager -Chief Engineer, presented Board Members with a copy of correspondence received from the State Water Resources Control Board in response to Shell Oil Corporation comments regarding the Districts Water Renovation Pro ect, 12, OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None r, 13 nTTET,S i,ROM THE FT -021 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 an the newly established County Solid Waste ManageLlent Policy Committec, and two staff representatives to serve on the Technical Committee. Board Members were provided with a copy of the Hemorandum 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 ,custigian, that Mr, Horstkotte, General Msnager-Chief Engineer, be authorized medical epease as a result of his recent illness, Carried by the following vote 10 AYES Members: Boneysteele, Gibbs Mitch 1_, Rustigian and Allan NOES Members None ABSENT Members: None c, In response inqiry, staff indicated that a revised District general organizational chart would be avilable for the next Board MeeZing, 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 comi:lunity affairs and that after consultation with Mr. Bohn, Counsel for the District he recommended that Mr. Bohn be charged with this responsibility. Alter 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 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. D 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 tha meeting of November 15, 1972, at which Nr Paul De Falco, Coordinator of the Environmental Protection Agency's Regional Office, made an address con- ce=ing EPA activities. 2, GENERAL MANAGER -CHIEF ENGINEER At the request of Mr. Horstkotte, and after explanation, it was moved by Member -Altchell, seconded by Member Gibbs, that the ?resident be authorized to sign a cc7amunication 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 Members Boneysteele, Gibbs Mitchell, Rustigian and Allan NOES Nam5ars: None ABSENT Members: None EEL FOR. THE_D7.7(IcT Bohn. comthented on administrative proc,.dure regading preparation of th,'=, Board's Minutes in the matter OL Indicing Member's action. He indicated that while he. had established a new office for convenience in Piedmon, California, his primary office was still located in Walnut Creek SECRETARY Ix. ADJOURNMENT At 11:20 o'clock P.M., President Allan adjourned the regular meeting to November 30, 1972. 12 Date: MEMORANDUM FOR: THE HONORABLE MEMBERS OF THE BOARD OF DIRECTORS VIA: G. A. Horstkotte, Jr., General Manager -Chief Engineer SUBJECT: CONSENT ITEMS: ACCEPTANCE OF EASEMENTS, AT NC COST TO THE DISTRICT Easements offered for acceptance are as follows: No. 1. 44,,, r 2. 6:,"fr i -z101 Grantor Ldate4I/,49X 3. Scc,iit-ti &a (r.;/er,111PC.40171 _ f st,et rio .1,-;+41 .$67, 5. kr c1; 407)---1/41: 6;4 9. 10. JLB:jv Approved: G. A. Horstkotte, Jr., General Manager -Chief Engineer Job No. Parcel No. Area 1223 2 Respectfully submitted, Jack L. Best Office Engineer 4.0 VII, NEW BUSINESS 2. November 21, 1972 MEMORANDUM FOR: The Honorable Members of the Board of Directors VIA: G. A. Horstkotte, Jr., General Manager -Chief Engineer 1, PROBLE: Damage Claim - $105.00 W, G Boyle, Jr, 20 Holly Hill Court Walnut Creek. California 94596 2 BACKGROUND: On Friday, October 27, 1972, the District received a call to relieve a clogged line at the address mentioned above. Upon arrival, the crew found the 6 easement line A725a1 plugged 21O downstream from RI.50-taward Wye easement off Hawthorne Drive. The stoppage consisted of roots and was cleared with no difficulty, After clearing our line, the crew checked with Mrs. Boyle and noticed that the side sewer was still clogged. Not a word. was mentioned about damage. 3. ALTERNATIVES: Pay claim, refuse claim. 4 'RECOMMENDATION: The call came in on October 27 and we were told there Was no damage at that time, then on November 6, 1972, we got called concerning some damage in the bathrcom. Their house is much higher than the top of our structure. The claim comes to $105. taking the lowest bid and I do not recommend it be paid. Approved By: G. A. Horstkotte, Jr. General Manager- Chief Fngineer TG:jv Respect fully submi t te.d Tony Granzotto • Itaintonanee Foreman Uri • VIA: November 17, 1972 RANDUK FOR; THE HONORABLE MEKBERS OF THE BOARD OF DIRECTORS G. ,t1„, Horstkotte, Jr., G...neral Manager -Chief Engineer Authorization for $5,000.00, Source Control Program SUBJECT VII. NEW BUSINESS 3. PROBLEM: In order to implement the Source Control Program as previously described to the Board, an expenditure of District funds will be required. Initially, we are requesting $5,000.00 to establishthe program. BACKGROUNTh Under the Grant Program for the Treatment Plant Mbdification, we are required to establish a Source Control Program which would control conservative toxic wastes discharged into our sewer system and establish a program and time schedule to eliminate the maximum amounts of infiltra- tion into our sewer system. The toxic waste contributor list will be ob tained under the Special Service Charge Study authorized at the October 26, 19729 Board Meeting. The actual testing and monitoring of toxic waste contributors will be charged to this account. We have submitted a rough draft of our "Environmental Water Quality Control Program" to the Water Quality Control Board, and we are required to submit the final draft by December 19 1972. RECOhMENDATIONg Approval. JLB:ms Rec rir isudation approved7 g rgf,,J Uorstkottg,,L., Genra7 Manager -C1-i4.E Engineer Respectfully submitted, VII. NEW BUSINESS November 21, 1972 MEMORANDUM FOR: The Honorable Members of the Board of Directors VIA: G. A. Horstkotte, Jr., General Manager -Chief Engineer SUBJECT: Rebate - Job 108 Attached is a letter from Mr. J. E. Keogh requesting a rebate on a sewer installation made in 1954 before passage of the District rebate ordinance. A connection was made this year to this line as stated and we collected $300. as an equalization charge based on pumping. Equalization charges go to the Sewer Construction Fund. The problem lies in back -dating an applicable ordinance and transferring money to it. Recommendation: Establish Job #108 as a rebate installation, transfer $300. to it from the Sewer Construction Fund and pay $300. to Mr. Kecgh. Approved By: W. C. Dalton Administrative Engineer 0-K G. A. Horstkotte, jr. "Ay' General Manager -Chief Engineer WCD:jv 7 77