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HomeMy WebLinkAbout05-25-1972 AGENDA BACKUP"J,NUTFS 02 A R1GUILARN.1.7.ET1NG 01 THE DISTR:ITT BOARD aNTIDT., CONTRA COSTA SAUITARY DISTRTCT HELD APRIL 21,, 1972 The Distriet BaTcd of Central Contra Costa Sanitary District convened in a Rgu1 Sor;s1,pn at its regular place of meeting located at 1250 Spring - brook Road, Walnut. Creek, County of Contra Costa, State of Coilfornia, on April 71, 1)12, 8:00 o'clock ,P.M, The mooting TqAs callerl to order by Plesident Allan. I. ROLL CALL PRESENT: Members Boneysteele, Gtbbs, MiLchell, Rustigian and Allan ABSENT Members None Pfesident Allan expressed his great pleasure and that of t-h,o, Members of ihr,, Board of Director L; in awarding certificate s of p.oficloncy from th California Water Pollution Control Association to Mr. Roy E. McDowell, M. J. Keith Packwood aid Mr. Theodore B. Smith, employes of the District. Porstkotte, CnIteral Monager-Chief Engineer, stated the DjqLrict has the largest limber of e.mployees in the State holding Certificates of Proficiency fir operation of water treatment plant factlities, Mr. Horstkotte(ommended nn,rid Niles, Superintendent of PlLut Operations, for his program for in- crc,ising operator efficiency 112, APPROVAL OF MINUTES MeaLing of April 6, 1972. Aft nf comments by Members Mitchell and Boneysteele, it was moved by Member Miehell, seconded by Member Rustigian, that the Minutes of the meeti-«g of April 6 i972, be approved :._fter making the following changes: Under "VII. NEW BUSINESS, MATTERS FROMTHE FLOOR", add the following to the penultimata paragraph: "'N7Tli, Bohn will report back to the Board. To be continued." Under "VIII. REPORTS, GENERAL_ MANAGER -CHIEF ENGINEER", delete the last paragraph and substitute the following: "Mter explanation by MI.florsiTkotLe, and discussion by staff avtd Members of the Board, it was the consensus of the Board that present Petty Cash Fund procedure be referred to the District Auditor for review and comment. It was then moved by Kewber Boneysteele, seconded by Member Mitchell, that authorization to increase the monthly Petty Cash Fund from $300.00 to $500.00 be approved: Carr,Led by the Tollowing vote AYES: Mamber8: Boneystcele, Gibbs, Mitchell, Rustigian and Allan NOES: Members None ABSENT: Members Noo.e" read: Under "VIII. REPORTS, COUNSEL FOR THE DISTRICT", change paragraph to "Mr. Bohn reported receipt of a check in the amount of $5,831.50 for the District as m. reset of She Weste-Im Pipe litigation. Motion igii riuto of the meting of April 6, 1972, carried by the following ve);-e AYES: Messibe7cs Boneystecle, Gibbs, Mitchell, Rustigian and Allan NOES: Members None ABSENT: Members: None 111. APPROVAL OF EXPENDITURES None. IV- HEARINGS DISTRICT REVENUE PROGRAM President Allan welcomed persons in the audience ond Oen re -opened the hearing on the proposed DistriciL Ravel -me Program from the. April 13th meeting. Mr. Dorcaotte, Gerteral Manager -Chief Engineer stared sisft had met with Mr. Noman ,_uwbaugh President of the Home Builders 1=sso :s.lion of Contra Costa owl Solaro Counties and Mr. Do‘ -,n La Field, Exerui,ve Vice President of the same organization who were present in the aud.ence. Mr. Horstkotte stated thaL, as a result of tbs; meeting, staff w,ts recommending certain amendments to Chaptea 11, Fees aod Charges, of the District Code. Mr. Horstkatte cla-,ified the issue of intensity (aumher oi people per acre) s vs, density (Ikumber of units developed per acle) and then, suggested that lir LA riPid Tr%fpot i- on a Fedecal Housing Administration regional study on p/sqnes1 upiLs developments as compared to residential developments. Mr. La Field apologized Litat Lhe FHA study was pot availsble at this time as it would have illustrated current trends in housing construetioa with numbers of people per dwelling unit. Mr. La Field Ihen pl,esented the Board Members and staff wiih four prepared papers which depicted the impact of the proposed Fee schedule on a per capita basis for various types of living units. Board Members and staff queried Mr. La Field and discussed var;_cus aspects of his analysis oil fen cha.ges with Members Gibbs and Boneysteele requesting clariffestioa from staff on the applicability of the density multiplier to the ininiuuii and unit fixture charge. After ex- planation, it was suggesied by Member Boveysteele that staff revise Section 11- 306 of Chapter 11 to loots' clearly reflect she p,ocedure for computing fixture charges. Mr. La Field preseqted a detailed explaiLation to Vivo, Board Members as to why he and the mgoalzatIon he represente,1 were opposed to thelproposed fixture cba/gas deliaeaied In Chapter 11 Fees and Charges. Mr. La Field urged the Board Meobers to base the fee schediJe on a per capita basis, claiming this was inure equitable than beini; based upon /lumber of fixtures being connected eo ch.-, sewage system. Mz, La Field stated as justification for his position that the current and foreseeable trend was toward a land use intensity philosophy in home developmenL. and that the average family occupancy Natio should not exceed iwo persons. Board Members and staff queried Mr. La Field throughout his presentation and various aspects of his proposal were discussed at length. The proposal of the staff, and this was supported in general by several Board Members, was Lhai the fee schedule should be predicated on numbe of. fixtures connected to the sewage system. Tho prefflise for edopting this position was that, historically, data delineati_op actual number of fixtures connected was directly related to total usage of the sewage system, indirectly reflected 0.70 of population, and was, tliercfoio„ an accurate gauge for projecting capariiy requirements 2 for the collection system and treatment facilities. It was noted by some Board Members that utilizing population figures as criteria as proposed by Mr. La Field for projecting capacity requirements could be fallacious as they are subject to fluctuation. The District could exert no control over this population fluctuation. Board Members, staff and Mr. La Field briefly discussed the impact population density can have en existing sewage facilities, particularly in regard to capacity. Mr. Norman Alumbaugh addressed the Board. Mr. Alumbaugh supported Mr. La Field and emphasized that the fee schedule should be predicated upon people and not number of fixtures connected to the sewage system. He cited as examples that there were several building developments in California wherein the average occupancy ratio was less than two persons; that the current trend was toward smaller families; school population was diminishing; and that in his personal development Sky West, up to 80 per- cent of the three bedroom units had to be converted to two bedroom units because the occupancy ratio was below two persons. Mr. Alumbaugh stressed that persons per acre was declining with the advent of the new building construction trend toward land use intensity and, therefore, while there may be more Fixtures, their use would be less because of -rowel. people. Board Members and staff commented on Mr. Alumbaugh's remarks with Members Mitchell and Gibbs in agreement that basing the fee schedule on number of fixtures connected to the sewage system was a more responsive method for depicting usage and capacity requirements for treatment facilities. Mr. La Field invited the attention of Board Members to the fact that his association was also concerned with the proposed Mei:cases in annexa- tion and inspection fees, which had not been discussed but which were pro- posed to increase 50 percent. He commented that the housing industry had a basic requirement to provide adequate housing and suggested that alterna- tive approaches could be jointly explored by staff and his organization, given sufficient time. Member Gibbs moved adoption of Chapter 11, Fees and Charges, to the District Code subject to future amendment. After comment by Mr. Horstkotte that Chapter 11 would not become effective until July 1, 1972, Member Gibbs withdrew his motion. Mr. Ray Klauff addressed the Board. Mr. Klauff, a local home de- veloper, stated he tended to favor a reduction in fixture charge minimums as being more equitable. In addition, he commented that it was his opinion that, with density of population, the burden upon the District to service the concentration of people would be less because of fewer laterel sewage lines. Mr. M. K. Carter addressed the Board. In his remarks, Mr. Carter expressed his appreciation for the cooperation extended by staff and congratulated the District on receiving approval of its expansion program by the Association of Bay Area Covernments. Mr. Carter then presented, with aid of a prepared paper, ;.1 concise statemeat which indicated that District revenue requirements for the expansion program could be best met by raising the current tax rate of 43 cents to 61 cents, vice establish- ment of an Environmental Quality Charge of $24.00 per year. Mr. Carter emphasized that greater benefit would accrue to the District taxpayer if the Members of the Board would abandon the Environmental Quality Charge in favor of a higher rate of taxes. Mr. Horstkotte corroborated the ac- curacy of Mr. Carter's analysis. Board Members, staff and Mr. James Carniato, representing Mr, Bohn, Counsel for the District, discussed at length Mr. Carter's proposal. A major point of discussion was whether the District could abandon the Environmental Quality Charge, resort to in- creased taxes, impose special sewage service charges upon industrial and 3 commercial users, and sttli meet State and Federal regurements for grant fund approval. Mr. Cakniato indicated that in his opinion the District could abandon the Envieonmental Quality Charge in favor of a higher tax rate and still impose special sewer service charges on industaal and commercial users. Uouuvel, smposition of the special sewer service charge would require at individual ruling in each ease by the Board with multi- family units being exempt from this cha/ge. Mi. Horstkofte stated staff had explored this matter with the 12istriet's Special Counsel, the conse- quence of which was that imposition oi e geuer service charge to lesidenLial users was nei. necessary. Mr. Horstko,to then read from a resume made by the Library of Congress of the Blataik Bill No. 13896, Section 206, which pertains to conditioqs necessary in rrder to qualify o gram funds after June 1, 1973. Member Mitchell noted that Board Members have historically favored the ad volorese tax as opposed to an Environmental Quality Charge as advocated by r:taff. Mr. Horstkotte colignenied that Board Members could accept Mr. Carter's proposal at present but that, in his opinion, establish- ment of an IqLvironwestal Qua)ity Charge will be necessary is the future. In support of this positioa, Mr. Horstkotte cited the newly adopted State of California flnifoIm Accounting System for Sanitacy Distlicts, and read excerpts from the State Water Resources Concrol Board Revenue Program Guidelines for waste Dater agencies and the Clear Water Grant Program Regulations which pertain to user service charges. Mr. M. K. Carter responded to Mr. ilorstkotte's comments by stating the basic occision before the Board was whether to establish the Environ- mental Qualiiy Chavge in anticipation that such a charge may eventually become a requirement or accept the comments of the Counsel for the District that imposition of such a charge was not yet mandatory. Mr. Carter sug- gested that, by postponement of the Environmental Quality Chsrge, if only for a one year perlod, the Board Membe,s would be doing the District tax- payers a great service. Further, Mr. Carter stated thot the event, at some future date, establishment of the Environ -mental Quality Charge for residential users became a requirameut, he Tiould he Lhe first to ap pear before the Board and urge its adoption. Presideot Allan commented that, in the event the 1.Tasolk Amendisent was to be approved, the ctriagent rest,icticas imposed upon special district's authority to levy taxes would require immediate esiabJishmeut oF. the En- vironmental Quality Charge, Assuming the passage of the Watson Amendment, Board Members briefly discussed how and when the Watson ameetdment would be implemented and ite possible impact upon the District Member Gibbs comffiented that pc-,sonally he has for many years oppo.sed user service charges prIwPcily because of income tax considerations. :low - ever, the Euerd has been advjsed that as the Environmental Quality Charge is planned to be collected on the fax olts, Membr Gibbs suggested there is a good reason to believe the charge win he considered tax deductible. Member Gibbs cited as precedent for nstablishmPlIt of user service charges, the many sanitary agencies within the Siare, including East Bey Municipal Utility District, which impose this type of charge in conjunctiva wiLh the ad valorem tax. He Doted ihat the Sanitary District ;s proLebly cite of the few Districts hat currently rely en the ad valorem fax as iis major source of revenue Ikmber Gabbs suggested therefore chat adoption of the Environmental Quality Chaege by the Sanitary District would not be a unique action. But rather, that perhaps to some extent, it eiould be re- flective of the cut:cent n:erad throughout the State to provide some form of relief for the property taxpayer by substitution of user service charges. He noted that Board Members have given considerable thought for at least seven years to the question of user service charges and that basically, because only pcopie who use the scrvicc pay the charge, the eleslent of equity does exist. 4 Mbar Boneysteele noted that his interpretation of the current income tax instructions is that one can deduct taxes that are Tossed upon value of property, but that, as an example, a charge for registrat5on of an automo- bile is not deductible, Member Bonaystesie stated that thczefore he is by no means assured that District taxpeyers could deduct the Enviroumeutal Quality Charge. Member Mitchell noi:ed that he had cxstginally L:hougilt it feasible for the County tax collector to incorsozate tha Elrgj-ctiumeatai Quality Ch9rge ieto the total taxes assessed but ithaL he no recognized that taxes assessed stad the Envircnuiental Quality Charge uouid have to be shown sepaseataly 911 the tax bill. Mr % Horstkotte colkinsnLe(1 Chat the County tax collector actually has the option of either billing the Environmental QuaJity Charge :repa7cately or including the charge on the tax bill, Member h-o-chell observed that if Member Boneysteele's interpretation was valid that harges based upon value were tax deductible, then it was unlikely the Envifonmental Quality Charge would qualify as a deductible item even though not related to service. This led to feLirther discussion by Board Members and staff wleft Mr. Horstkotte stating the District had no choice in the matter of levyIng a user service eharge upon industry. This was mandatory. Mr. Horstkotte indicated to Board Members that statf'o decision to propose establishment of an Environmental Quality Charge as made after analyzing the use of the sewer service charge by agencies iLm over 5,600 colamunities throughout the United States. He then noted that. the Sanitary District was fortunate that alternative methods were availabi,e o finance operations of the District. Mr. Horstkotte congratulated Mr. Carter on his presentation but stated, while the District could finance Its operations by use of the ad valorem tax, he suggested the 7nvironmentel Quality Charge to receive sewer service would be more equitable, citing as example the oar -ler of a two bathroom home appraised at a value of $80,000.00 vs. the owister of a two bathroom home appraised at a vale of $10,000.00. A brief discussion followed concerning the matter of equity in levying charges and/ or taxes upoll, District residents. Member Mitchell expressed his appreciation to Mr. Carter for his analysis of the revenue program. He noted that only owners of hones appraised in value that exceeded $40,000.00 would beimying a disproportionate share for sewer service whereas others owning homes ap- praised at lesser value would in fact achieve a savings. It was Member Mitchell's opinion that adoption of the ad valorem tax method to finance the District's expansion program would in general be more equitabletp all residents of the District. Member Mitchell expressed his concern regarding staff's proposal to establish the Environmental Quality Charge rate at $2-00 per month and indicated he did not think it prudent to reduce the current District's tax rate, Mr. Horstkotte stated his guidance to staff in the preparation of the proposed revenue program took cognizance of revious Board's policy in adopting declining tax rate over a period of years. Board Members, staff and Mr. Carniato, acting Counsel for the Dist-det, discussed various ramifications of imposing an Environmental Quality Charge vs2 resort to the use of the ad valorem tax. As a result of the discussion, Mr. Horstkotte recommended that the Bo.rd consider resort to th,s, ad valorem tax method for the next fiscal year versus the Environ- mental Quality Charge and that in the interim, staff would obtain the views of the grant administrator for the State Water Resources Board as to whether such a course of action vias acceptable. Mr. Horstkotte noted that another Board Meeting would be necessary prior to May 19 1972; Mr, Richard Correlli, a resident of Martinez. California, addressed the Board. Mr Correlli commented on the Watson amendment and its possible impact upon the District's financial program. brief discussion followed. 5 Mrs. Mai-garet Coney, a resident of the District, ddressed the Board. Mrn. Gassy stated she racognized the need for expansion of t..h.s. Districy's 11-7-caint facilities and xpressed her support for the use of the ad valorem taethod and an Sadustrial user service charge to finance the program- Conecroing the schedule for fixture charges, Mrs. Coney repo'sted the results of a personal survey she had conducted regarding her local aLeR wherein the medium populAtion density was approximately three persons per acre 1,1r. Lw Cou,-sy, a rsident of the District, addressed the Board. Mr. Cry stated Oiat, in his opinion, the Board hi -Ad adopted the correct approach i basing fees aid chasixes on number of fixtures connected to the swage system. lie furthp.r cobolented that populaaon derssity was not an adequ,iic criteria to proiect burden or capaciLy Isequirements for treatment facilttl_cs. Tho.rs being no other persons iv the audience who wished to address the ML Nonitkotte indicated to Board Members that the District required a, approved revenue program prior to May 3, 1972, in order to Qualify for funds. Board Members, staff and Mr. Carniato, representing M Bohn, Covasel for the District, discussed at length the macsier and admirisi-rative plocedu-e for implementing the proposed revenue program- Upon advice of Mr. Garniato, it rras moved by Member Mitchell, seconded by Member Gibbs, that 0.dirance 86, Chapter 11, Fees and Charges, as proposed by staff and as amended by te Board to reflect a zero cost for the Environmental Qus.lityelarga, be riopted, Carried by the following vote: AYES; Members: Boneysteele, Gibbs, Mitchell, Rustigi_nis, and Allan NOES: Members None ABSENT: Members: None Lt was recowmended by Member Mitchell, with concurrence ot Memi,er Rustigian, that th-3 Board adopt a Resolution stating that, as a matter of policy, it was the intention of the Board that, for fiscal year 1972-73, revenue necessary to finance the Disrlict's expansion prograll, and as not provided by other revenue sources, will be provided by resorting to the ad valorew tax; establish- ment of the tax rate to be determined by the Board after receipt of. the District's asss7ssnd valuation from the County of Contra Cosia. RESOLUTION NO. 72-22 A RESOLUTION OF TRE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ESTABLISHING DISTRICT POLICY WITH RRGARD TO THE OBTAINING OF MONIES NECESSARY TO COMPLETE WATER POLLUTION CONTROL PLANT EXPANSION AND WASTE WATER RECLAMATION PROJECT It UkS moved by Member Mitchell, seconded by Member Rusttgian, that Resolutiop No, 72-22 be adopted- Carried by the following vote AYES Members: Boneysteele, Gibbs, Mitchell, Rustiglan and Allan NOES MeMbers: None ABSENT: Members: None President Allan closed the public hearing. None. 1,72, _BIDS VI. OLD BUSINESS AUTHORIZATION IN THE AMOUNT OF $2,00p),0 FOR ENGINEERING_STUDY_FOR DISTRICT SEWERING PROJECT 2121 (NEGOTIATION OF_RIGHT OF WAY WITII_EAST BAY MUNICIPAL UTILITY DISTRICT) Atter explanation by Mr. Horstkotte, General Manager -Chief Engineer, was moved by Member Gibbs, seconded by Member Boneysteele, that authori.zatioq the siliount of $2,000.00 from Sewer Construction funds fo/. Enginaeriug Study tor District Sewering Project No. 2121 be approved. Carried by the foliwipg vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Aliao NOES; Members: None A135ENT; Members: None 6 RESCIND APRIL 6 1972 AUTHORIZATION FOR $41 800.00 FOR ADDITIONAL DEPOSTTTo CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR DISTRICT SEWERING PROJECT NO. 1997, SAN RAMON CREEK WALNUT CREEK After explanation by Mr. Horstkotte, General Manager -Chief Engineer, that the Flood Control District was no longer going forth with its project, it was moved by Member Rustigian, seconded by Member Gibbs, that Board action of April 6, 1972, authorizing additional deposit of $41,800A00 to the Contra Costa County Flood Control and Water Conservation District be rescinded. Carried by the following vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rutign and Allan NOES: Members: None ABSENT: Members: None DISTRICT ORDINANCE PROHIBITING SOFT WATER REGENERATION DISCHARGES At request of Mr. Carniato, representing Mr. Bohn, Counsel for the District, item was continued to meeting of May 10, 1972. DISTRICT ORDINANCE EXTENDING REBATE RECOVERY PERIOD At request of Mr. Carniato, representing Mr. Bohn, Coumel for CrIP District, item was continued to meeting of May 10, 1912. APPROVAL OF DISTRICT CONTRACTUAL FORM TO REPLACE PETITIONS IwOR LOC!J IMPROVE- - MENT DISTRICT PROCEDURES After explanation by Mr. Carniato, representing Mr. Bohn, Counsel for the District, that further coordination was necessary between offices of Counsel for the District, Special Counsei for the District, and with the County, item was continued. REPORT BY REPRESENTATIVES OF BECHTEL CORPORATION Mr. Horstkotte, General Manager -Chief Engineer, introduced Mr. George Sawyer and Dr. Clark Weddle. Mr. Sawyer stated the Water 'Renovation pilot plant project was nearing final completion and that a final report by Bechtel Corporation would be forthcoming. Mr. Sawyer then provided Board Member with a study prepared by Bechtel Corporation for use by the District's Nego- tiating Committee with Contra Costa County Water District on water reclamation. Mr. Sawyer explained in detail the results of the study and the manner in which his analyses on allocation of costs were derived for water reclamatiek facilities. Board Members and staff posed questions throughout Mr. Sawyer's presentation and various aspects of the study were discussed. Member Gibbs, HS Chairman of the District's Negotiating Committee, gave a detailed report on the progress of the Committee's negotiations with the Water District to finalize a contract for sale of reclaimed water. Member Boneysteele made additional comments on the conduct of negotiations. Board Members, staff and Mr. Sawyer discussed at length various aspects of the proposed contract, its contents and obligations imposed upon the District. Mr; Sawyer gave further explanation of his analyses on water reclamation costs, narticulp,rly as related to the proposed contract. Discussion by Board Members and staff followed. After suggestion by Mr. Horstkotte, General Manager -Chief Engineer, that staff from both the Water District and Sanitary District, together with District Counsel meet in a further attempt to resolve points of conflict in the contract, it was agreed that the Board would meet on April 26, 1972, to consider the matter further. VII. NEW BUSINESS CONSENT ITEMS ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT It was moved by Member Gibbs, seconded by Member Rustigian, that ease- ments, at no cost to the District, from Castle Hill Court Associates, Job 2095, Parcel 1, Laird Bickmeyer and Judith F. Bickmeyer, Job 212/, Parcel 1, and James C. McCarthy and Alice McCarthy, Local Improvement. District No. 51, Parcel 8, be accepted and their recording ordeeced. Carried by the fellowng vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: None RESOLUTION NO. 72-18 A RESOLUTION CHANGING THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF CENTRAL CONTRA COSTA SANITARY DISTRICT FROM MAY 4 1972 TO MAY 10, 1972 It was moved by Member Mitchell, seconded by Member Boneysteele, that esolution No. 72-18 be adopted. Carried by the following vote: AYES Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: None RESOLUTION NO. 72-19., A RESOLUTION ADOPTING ELIGIBLE LIST ENGINEERING AID I After brief discussion by Member Mitchell, Chairman of the Personnel Committee, it was moved by Member Mitchell, seconded by Member Boneysteele, that Resolution No. 72-19 be adopted. Carried by the followiog vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rusfigia“ NOES: Members: None ABSENT: Members: None RESOLUTION NO. 72-20 A RESOLUTION APPOINTING DALE A. OHDA AND JAMES R. RUETENIK ENGINEERING AID I It was moved by Member Mitchell, seconded by Member Boneysteele, that Resolution No. 72-20 be adopted. Carried by the following vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigianaid Allan NOES: Members; None ABSENT: Members: None APPROVAL OF TEMPORARY SUMMER HELP, 1972 Aftdr comment by Members Mitchell and Boneysteele, and explanation by Mr. Horstkotte, General Manager -Chief Engineer, regarding the scope of the temporary summer help program, it was moved by Member Mitchel!, seconded by Member Boneysteele, that the proposed Temporary Summer Help 1972 be approved. Carried by the following vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: None RESOLUTION NO. 72-21 A RESOLUTION APPOINTING JASPER GREEN PLANT MAINTENANCE FOREMAN AND CHESTER GRAIIN, PLANT MAINTENANCE MAN After explanation by Mr. Horstkotte, General Manager -Chief Engineer, it was moved by Member Gibbs, seconded by Member Rustigian, that Resolution No, 72-21 be adopted. Carried by the following vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: None 8 AUTHORIZE ADVERTISEWT AND CALL FOR EXAMINATION FOR POSITION OF ASSISTANT PLANT OPERATOR RANGE 41 It was moved by Member Rutigian, seconded by Member Gibbs, that authoriza- tion for advertisement and call for examinationfor position of Assictant Ptant Operator, Range 41, be approved. Carried by ;:he following voi_fl: AYES: Members Boneystee a, Gibbs, Mitchell, Rustiglaa rild Allan NOES: Members None ABSENT: Members: None ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND RE-RECORDING ft was moved by Member Gibbs, seconded by Member Mitchell, that easements Fiorina Flora and Olga Bresso, Job 124, Parcel 2, Felix Valenzano, et al, Job 1924, Parcel 3, Fred Bugnatto and Rena M. Bugnatto, Job 1927, Parccl 4, and E. Pordon and Rose Pordon, job 1924, Parcel 5, be accepted and their re- recording ordered. Carried by the following vote: AYES: Members Boncysteelc- Gibbs, Mitchell, Rustigian and Allan NOES: Members: Now, ABSENT: Members: None AUTHORIZATION FOR TREATMENT PLANT PERSONNEL TO ATTEND LOCAL INDUSTRIAL SAFETY CONFERENCE AT A TOTAL COST OF $38.50 After c..-431.allation by Mr. Horstkotte, General Manager -Chief Engineer, that staff proposed attendance by additional personnel of the Maintenance Departs foc on addiLlona3 cosi: of $27.50, it was moved by Member Rustigian, seconded by Member Boneysteele, that authorization for staff personnel from the treatment plant and the Maintenance Department to attend a local Industrial Safety Conference at a total cost of $66.00 be approved. Carried by the fol- lowio. vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members None ABSENT! Members: None OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA AUTHORIZATION FOR PRESIDENT AND SECRETARY TO EXECUTE RECLAIMED WATER CONTRACT WITH CONTRA COSTA COUNTY WATER DISTRICT Item continued. AUTHORIZATION FOR $5,000.00 FOR ENGINEERING AND RIGHT OF WAY COSTS, DISTRICT SEWERING PROJECT 2138 PACHECO AREA Alter explaDation by Mr Best, Office Englnecr, it was moved by Member Gibbs, Jeconded by Member Mitehcll, th,at authorization in the amount of $5,00.00 from Sewer Construction funds ior engineering and right of way costs for District Sewer/ng Project 2138 be approved. Carded by tho fol- lowing vote: AYES: Membe-.3* Boneybteele, Gibbs, Mitchell, Rustigian and Allan NIOKS_ Membels: None ABSENT: Members: None AUTHORIZATION FOR PRESIDENT AND SECRETARY TO EXECUTE AGREEMENT WITH STATE OF CALIFORNIAFOR RELOCATION OF FACILITIES NEAR STATE ROUTE 680, DIABLO ROAD INTERCHANGE It was moved by Member Gibbs, seconded by Member Boneysteele, that authorization for President and Secretay to execute agreement with State of CalikorAis for relocation of facilities near State Route 680, Diablo Road interchange, ba approved. Carried by the following vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: None AUTHORIZATION TO EMPLOY HARRY WHARTON, TEMPORARY PAINTER'S HELPER AT $4.04 PER HOUR After explanatioq by Mr PoLgtkotte, General Manager -Chief Engineer, that DistrieL personnel had cuLicntly been doing all interior painting for Office Building Expansion 19/2, it wss Imoved by Member Mitchell, seconded by Member Boneysteele, that: aulhorization to employ Harry Wharton, temporary painter's helper, at $4_04 per hour be approved. Carried by the following vote: AYES: Members Boneysteele, Gibbs, Mitchell, RusLigian and Allan NOES: Members: None ABSENT: Members: None ACCEPTANCE OF $1 000.00 DEPOSIT FROM DEVELOPERS FOR DISTRICT NEGOTIATION OF RIGHT OF WAY ACQUISITION, PRIVATE JOB NO. 2113, ORINDA AREA After explanation by Mr. HorsaoLtc, General Manager -Chief Engineer, it was moved by Member Gibbs, seconded by Member Mitchell, that acceptance of $1,000-00 deposit from developers to? District negotiation of right of way acquisltion private Job No. 2113, Orinda area, be approved- Carried by the lollowing vote: AYES: Members Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members None ABSENT: Members: None Members Rustigian and BoneysLeele commented that resort to the sup- plemental ageeida should be reserved for items ot an emergency natlice. MATTERS FROM THE FLOOR Member Boneysteele stated Mrs. Kris Hiller of the Districi's Advisoly Committee had desired to attend the Board Meeting. In her absence, Member Boneyeteele explained the oattari... that were of concern to her psrLicularly in relation to plant incineration of sludge as opposed to proposals by the Army Corps of Engineers and the Environmental Protection Agency for a program of land distribuLloe of sewage sludge, A brief discussion between Board Members followed. Staft was requested to obtain a copy of the Army Corps of Engineers repoli. Member Boneysteele commnLed on a meeting held by the Association of Bay Area Governments which he and staff had attended on April 20, 1972, Member Boneysteele commended M Horstkoute, General Manager -Chief Engineer, for his excellent presentation on behalf of the District's proposed expansion program before the Execurlye Committee of ABAG. A brief discussion followed. VIII. REPORTS COMMITTEES Member Boneysteele noted that Board Members had received a copy of the Advisory Comoaittec Minutes of the meeting of April .5, 1972. Member Gibbs indicated he planned to attend the next Advisory Committee meeting scheduled for April 25, 19/2. ,GIENLJNAGER-CHIEF ENCINKER After explanation by Mr. Horstkottc that he and Mr, Niles, Superintendent of Plant Operations, proposed a three day trip to Philadnlphia, Pennsylvania to monitor progress on the gian.,plcc vertical centri/fuges planned for instal- lation in the expanded trnatment plant, it was moved by Member Boneysteele, seconded by Member Gibbg„., noihorization for the trip with pr diem of $32.00 for Mr. llorstkotr ad Mv= Niles be approved. Carried by the following vote: AYES: Members Boneysteele, Gibbs, Mitchell, Rustin and Allan NOES: Members: None ABSENT Members: None After expination by Mr. Horstkotte, it was moved by Member Boneysteele, seconded by Member Giblos, that authorization to pay Mr. Mark Ivory salary for twenty-five days of accumulated vacation be approved. Carried by the following vote: AY9 Members Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOS: Members Nolle iNBSENT: Members None After explanation by Mr. Horstkotte, it was moved by Member Boneysteele, seconded by Member Gibbs, that authorization to pad Mr. Robert Heagecock salary for ten days of accumulated vacation be ppOd by the following vote: AYES: Members Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members None ABSENT: Members None COUNSEL FOR THE DISTRICT None. SECRETARY None. IX. ADJOURNMENT At 11:52 o'clock P.M., President Allan adjourned the regular meeting to 8:00 o'clock P.M., Wednesday, April 26, 1972. 11 MINUTES 0]? A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD MAY 18, 1972 The District Board of Central Contra Costa Sanitary District convened in a Regular Session at its regular place of meeting located at 1250 Spr. Road, Walnut Creek, County of Contra Costa, State of California, o,1 May 18, 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 ABSY,NT: Members: None II. APPROVAL OF MINUTES After comment by Member Mitchell and brief discussion by Board Members concerning administrative procedure for preparation of Minutes, it was moved by Member Mitchell, seconded by Member Rustigian, that the Minutes of the meeting of May 10, 1972, be approved after clerical correction on page 4 Carried by the following vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: None None. None. None. III. APPROVAL OF EXPENDITURES TV. HEARINGS V. BIDS VI. OLD BUSINESS DISCUSSION OF SOLID WASTE DISPOSAL Board Members, staff and Mr. Bohn, Counsel for the District, discussed at length various aspects of the District's solid waste management program with particular reference to operation and regulatory supervision over dis- posal sites. Mr. Bohn, Counsel for the District, then commented on proposed legislation to establish a State program for solid waste management. After further discussion, it was moved by Member Gibbs, seconded by Member Mitchell, that Mr, Bohn, Counsel for the District, management, and Secretary Davis draft a District Ordinance related to solid waste disposal sites, Carried by Che following vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: None Member Mitchell requested Mr. Bohn, Counsel for the District, to present a report on Senate Bill No. 5 at a future date. VII. NEW BUSINESS CONSENT ITEMS ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT It was moved by Member Gibbs, seconded by Member Rustigian, titat easements at no cost to the District from Mr, G. T. Duffy, Job 2129, Parcel 1, and from Petersen and Moretti, job 2087, Parcel A, B and C, be accepted and their recording ordered. Carried by the following vote; AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: None CLAIM OF MRS. BERNICE BONDY IN THE AMOUNIJilfij91.00 After explanation by staff and brief discussion by Board Members, it was moved by Member Rustigian, seconded by Member Mitchell, that the claim of Mrs. Bernice Bondy in the amount of $791.00 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 AUTHORIZATION TO PURCHASE 8.4 ACRES OF COUNTY PROPERTY ADJACENT TO TREATMENT PLANT FOR %1,21220 PER ACRE After explanation by Mr. Dalton, Administrative Engineer, and staff, it was moved by Member Boneysteele, seconded by Member Gibbs, that authori- zation to purchase 8.4 acres of County property adjacent to the District's treatment plant for $9,009.00 per acre from Sewer Construction funds be ap- proved. Carried by the following vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: None AUTHORIZATION TO CALL FOR BIDS AND AWARD A CONTRACT FOR EXTERIOR PAINTING OF OFFICE BUILDING AND SHOP After explanation by Mr. Dalton, Administrative Engineer, that exterior painting of the office building and shop was not included in Office Building Expansion 1972, and after comment by Mr. Bohn, Counsel for the District, on bid procedure and assurances by Mr. Dalton, it was moved by Member Rustigian, seconded by Member Mitchell, that authorization to call for bid proposals for exterior painting of the office building and shop be approved. Carried by the following vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: None 2 EXECUTION OF QUIT CLAIM DEEDS After explanation by Mr. Dalton, Administrative Engineer, it was moved by Member Boneysteele, seconded by Member Gibbs, that the President and Secretary be authorized to execute Quit Claim D:eds on Local Improvement District 43-1 to Floriana Flora, et al, Parcel 43, Felix Valenzano, et ux, Parcel 44R1, Fred Bugnatto, et ux, Parcel 45R1, nod E. Pordo't, et ux, Parcel 46. Carried by the following vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allipi NOES: Members: None ABSENT: Members: None EXECUTION OF INDENTURE AGREEMENT WITH SOUTHERN PACIFIC TRANSPORTATION COMPANY AT NO COST TO THE DISTRICT, JOB 2082, DANVILLE After explanation by Mr. Dalton, Administrative Engineer, and brief discussion by Board Members, it was moved by Member Rustigian, seconded by Member Gibbs that the President and Secretary be authorized to execute in- denture Agreement with Southern Pacific Transportation Company at no cost to the District for Job 2082, Danville. Carried by the following vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: None OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. MATTERS FROM THE FLOOR None. VIII. REPORTS COMMITTEES Member Mitchell, Chairman of the Personnel Committee, recommended that Secretary Davis be granted a merit step increase in salary and such step increase be retroactive to Secretary Davis' anniversary date. RESOLUTION NO. 72-24 A RESOLUTION ESTABLISHING SALARY FOR ERNEST K. DAVIS SECRETARY AT RANGE 51D RETROACTIVE TO DECEMBER 1 1971 II: was moved by Member Mitchell, seconded by Member Boneysteele, that Resolution No. 7224 be adopted. Carried by the following vote: AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES: Members: None ABSENT: Members: None In response to query by Member Boneysteele, Mr. Dalton, Administrative Engineer, reported on District progress in finding a suitable replacement for Mr. Alvin Gillespie, Engineering Aid TIT. Member Boneysteele gave a report on the Advisory Committee for solid waste recycling. Member Boneysteele indicated the Committee was exploring 3 f:ftsasil.flity of pyrolysis system of incineration9 After brief dis- cvun by Board Membes, Member Rustigian stated he planned to attend next Advisory Committee meeting which was scheduled for 1:30 o'clock en May 30, 1972. Membefs and staff discussed briefly current pogress of the s irrict s NeE40tip. Liag Coijnittan wiih I:he City o E Concord, WWERAL NANACER-CHIEF ENGINEER After explanation by Mr. Daitoil, AdministrrLive Engiaeer, and dis- cur;sioll by Board Members; it was moved by Member Cibbs, seconded by Membr,r Rustigian, that the President -1,1d Srcretary be authorized to nxecute a special watershed rebate agrec.lent foe Sub, 4271, (old DistricL Ordinance No. 35), with Levitt and Sons or California, proposing a series of housing developments in Ygnacio Valley Carried by the following vote AYES: Members: Boneysteele, Gibbs, Mitchell, Rustigian and Allan NOES Members: None ABSYNT: Members: None After comment by Member Mitchell sud brief discussioll by Board Members, Dalton, Administrative Engineer, explained noriaal procedure by staff to winimize interruption of utilities because of street construction. ab Dalton, &dministraLjve Engineer, reported that staff representatives plamied to attend e weetng on May 19, 1912, in San Franci.;co, Califo,nia, sponsored by the Environmental Protection Agency, A brief discussion by Board Members followed regarding guidance to staff on participstton in the meeting Mr Best, Office Engineer, reported the results of a State ilater Re- sources Control Board meeting at which the City of Concord had appoaled a decision by the San Francisco Regional Water Quality Control Board. COUNSEL FOR TM DISTRICT MI-- Bohn commented on a previous request for information by Member Mtelvtlt regarding activities of Federal reda7,!lopment agenc4es Member MiL,bell indicated he would clarify with Counsel the information desiled SECRETARY Mr- Bavic reported receipt of a press release issued by the California Association of Sanitation Agencies and read :b contents whLch expressed op- position to Proposition 9 on the June Primary b-llot. Board Members discussed sts length whether the District should adopL an official position regai-ding rropusiLion 9. After discussion, the BoaLd of Directo/:, Look no action. EXECUTIVE SESSION At 10:07 o'clock .2.M., President Allan recessed the mcetAng to Execu- tive Session for discussion of a 1,crsonnel matter. At 10:23 o'clock P.M„ Jr:resident Allav raconvmled the regular meeting. Board Members and staff discussed at length various aspects of current contracts entered into between the District and its Engineering Consultants, 4 Bechtel Corporation and Brown and Caldwell. After discussion, it was the consensus of the Board that staff report at the next meeting, the status of funds expended to each consultant by the District for plant design; and further, that staff obtain from each consultant a report depicting status of current work in progress under terms for each contract. IX. ADJOURNMENT At 10:34 o'clock P.M., President Allan adjourned the regular meot[mi, to Thursday, May 25, 1972. 5 May 25, 1972 MEMORANDUM FOR HONORABLE MEMBERS OF THE BOARD OF DIRECTORS VIA G„ A. Horstkotte, Jr. SUBJECT; Execute County's Sale of County property adj (Th May 25, 1972 MEMORANDUM FOR: THE HONORABLE MEMBERS OF THE BOARD OF DIRECTORS VIA: Mr. Go A, Horstkotte, Jr„ General Manager -Chief Engineer SUBJECT: Authorization for Jones and Stokes to make amendments to the District's Environmental Impact Statement 1. PROBLEM: The California State Water Resources Board have indicated a need for rewriting portions of the E. I. S. 2. BACKGROUND: The Environmental Impact Statement was prepared by Jones & Stokes using the Central Contra Costa Sanitary'District 1356-64 & 71 Water Pollution Control reports and inhouse studies as their source material. Since the submittal of the Environmental Impact Statement to the California Water Resources Control Board, there have been several reports and documents completed, i.efederal legislation, Central Contra Costa Sani- tary District Water Reclamation Project Report, Contra Costa County Water Quality Study, and the Central Contra Costa Sanitary District and Contra Costa County Water District Reclaimed Water Supply Contract, which have a direct re- lationship to the Environmental Impact Statement. At the request of John Nelson, Jones & Stokes has been instructed to meet with the State and deter- mine the necessary changes required to include this information. 3. RECOMMENDATION: That Jones and Stokes be authorized to make the necessary changes in the E.I.S. DN :ms Recommendation approved% I /gi orstkotte, Jr., 1 Manager -Chief Engineer 0 Respectfully submitted, David G. Niles, Superintendent of Plant Operations BOARD OF DIRECTORS DON L. ALLAN, President CHARLES J. GIk3BS PARKE L. BONEYSTEELE RICHARD J. MITCHELL GEORGE A. RUSTIGIAN ()CENTRAL CONTRA ccflr SANITARY L71aTF2ICY G. A. HORSTKOTTE, JR., General Manager—Chief Engineer 1250 SPRINGBROOK ROAD MAILING ADDRESS: P.O. BOX 5Z65 ERNEST K. DAVIS Secretary WALNUT CREEK, CALIFORNIA 94595 TEL. 934-6727 AREA CODE 415 May 23, 1972 Memorandum To: Honorable Members of the Board of Directors Via: G. A. Hors tkot to , Jr . , General Manager -Chief Engineer Subject: Advance Treatment Test Facility The attached report has been prepared by Dr. D. S. Parker, Project Engineer, Brown and Caldwell. This report covers the general operation and significant operational data developed. The advance treatment test facility has been continuously operated since late November, 1971, with treatment plant personnel. This has provided operator training in the operation of the proposed Water Reclama- tion Plant and demonstrated that the proposed processes can be reliably operated by plant personnel. This report does not present all of the data generated to date but rather outlines the test work perfDrmed and some of the significant data. DGN:jh David G. iles Superintendent of Plant Operations May 23, 1972 MEMORANDUM FOR: HONORABLE MEMBERS OF THE BOARD OF DIRECTORS VIA: G, A, Horstkotte, Jr, - General Manager -Chief Engineer SUBJECT Accept easement at cost of $125.00, District Sewering Project 1926, Parcel 2, Orinda area PROBLEM g We have concluded an agreement, subject to Board approval, with Mr. and Mrs Kelker in the amount of $125,00 for an easement on JDS.P. 1926, Parcel 1, Acacia Drive, Orinda, 2 BACKGROUND: District Board of Directors approved authorized construction of D.S.P. 1926 on November 5, 1970, This project is required, due to a slide which damaged existing facilities; financing shall be from Sewer Construction funds, as authorized. 3 RECOMMENDATION: Approval, Respectfully submitted, Recommendation Approved Gi7 Horstkotte, Jr. Ge eral Manager -Chief Engineer Jack L,Best Office Engineer JLB:jh enc.: Kelker letter May 22, 1972 MEMORANDUM FOR: Honorable Members of the Board of Directors VIA: G. A. Horstkotte, Jr. - General Manager -Chief Engineer SUBJECT: Authorization to appoint William H. Gregory Engineering Aid III at Range 46 ($849 -1,031) 1. BACKGROUND: Received Board approval to hire Engineering Aid III on Nay 10, 1972. After holding oral examination and establishing the eligible list for Engineering Aid III, the position was offered to Mr. Gregory and he has accepted. 2. RECOMMENDATION: Appointment of William H. Gregory by resolution of the Board of Directors, effective June 1, 1972 Respectfully submitted, Recommendation Approved dt, 0 el G(J. Horstkotte, Jr. Geieral Manager -Chief Engineer JLB:jv Jack L. Best Office Engineer