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HomeMy WebLinkAboutBOARD MINUTES 06-14-73 121 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD JUNE 14, 1973 The District Board of Central Contra Costa Sanitary District convened in an Adjourned Regular Session at its regular place of meeting located at 1250 ,Springbrook Road, Walnut Creek, County of Contra Costa, State of Calif- ornia, on June 14, 1973, at 8:00 o'clock P.M. The meeting was called to order by President Rustigian. I. ROLL CALL PRESENT: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian ABSENT: Members: None II. APPROVAL OF MINUTES 1. MEETING OF JUNE 7, 1973 Item continued. III. APPROVAL OF EXPENDITURES None. IV. HEARINGS None. V. BIDS None. VI. OLD BUSINESS 1. DISTRICT ORDINANCE 86 ORDINANCE 91, AN ORDINANCE AMENDING SUBPARAGRAPH (g) OF SECTION 11-801 OF THE DISTRICT CODE RELATING TO SPECIAL SERVICE CHARGES Mr~ Bohn, Counsel for the District, reviewed for the benefit of Board Members the background on Ordinance 86 as it relates to special service charges. After such review and further explanation by Mr. Bohn, and upon his recommendation, it was moved by Member Gibbs, seconded by Member Boneysteele, that Ordinance 91, An Ordinance Amending Subparagraph (g) of Section 11-801 of the District Code Relating to Special Service Charges, be adopted, and placed in the official files of Ordinances of the District; and further that the said Ordinance shall be a general regulation of the District, shall be published once in the Contra Costa Times, a newspaper of general circulation, published and circulated in Central Contra Costa Sanitary District. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Memb ers : Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 2. LOCAL IMPROVEMENT DISTRICT NO. 54 - EIR a. Members Boneystee1e and Mitéhell commented favorably on the EIR's Schedule 1 through 4 for Local Improvement District 54 as prepared by staff. However, they made certain suggestions regarding detail and format that staff should consider in the preparation of future EIR's. 06 14 73 122 After discussion, it was moved by Member Boneysteele, seconded by Member Gibbs, that the EIR's, Schedule 1 through 4, Local Improvement District 54, be approved. Carried by the following vote: AYES: NOES: ABSENT: Memb ers : Members: Memb ers : Boneys~eele, Gibbs, Mitchell, Allan and Rustigian None None b. Upon the recommendation of Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Allan, seconded by Member Gibbs, that the General Manager-Chief Engineer be authorized to file Notice of Completion of EIR's, Schedules 1 through 4, Local Improvement District 54, and that a review period of 40 days be established. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None c. Upon the recommendation of Mr. Horstkotte, General Manager-Chief Engineer, and after discussion by Board Members, staff and Mr. Bohn, Counsel for the District, it was the consensus of the Board that a public hearing to consider EIR's, Schedules 1 through 4, Local Improvement District 54, not be scheduled at this time. d. Upon inquiry, Mr. Horstkotte assured Board Members that interested governmental agencies would receive copies of the Notice of Completion along with individual property owners affected by the Board's action. 3. CONSOLIDATION STUDY - CITY OF CONCORD Mr. Horstkotte, General Manager-Chief Engineer, reported that, while staff had met with representatives of the City of Concord, no firm date had been scheduled for a meeting between the District's Negotiating Com- mittee and Members of the City Council. Mr. Horstkotte noted that 'Board Members had received a copy of cor- respondence from the District's consultant firm, J. B. Gilliert and Assoc- iates along with a draft copy defining the Scope and Objectives of Pro- posed Feasibility Study on Management of Wastewaters in Eastern and Central Contra Costa County. He indicated that the County's Engineering Committee, of which he is Chairman, had reviewed the draft on, June 13, 1973, and had approved it after minor revisions. 4. RESOLUTION NO. 73-51, A RESOLUTION ADOPTING A DENTAL PLAN FOR ALL EMPLOYEES OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT Upon the recommendation of Mr. Bohn, Counsel for the District, it was moved by Member Boneysteele, seconded by Member Allan, that the title of Resolution No. 73-5l be changed to read "A Resolution Adopting a Dental Plan for all Officers and Employees, Including Employees Retiring after July 1, 1973", and further that the Minutes of the Meeting of May 17, 1973, be corrected to reflect such title change. Carried by the following vote: AYES: NOES: ABSENT: Memb ers : Memb ers : Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 5. RESOLUTION NO. 73-46, A RESOLUTION APPROVING DISTRICT SEWERING PROJECT 2100 lND~ .DETERW¡;NING,~THAI THE 'EIlOJECI: W~rLL: RAVE NO SIGNIFICANT EFFECT ON THE ENVIRONMENT After explanation by and upon the recommendation of Mr. Bohn, Counsel for the District, it was moved by Member Mitchell, seconded by Member Gibbs, 06 14 73 123 that the title of Resolution No. 73-46 be changed to read: "A Resolution Approving District Sewering !'rojëè.c:2100'- ,:Rlidgëãi - Ròad;"and fùithef':thãt:,~: ':,':, the Minutes of the Meeting of May 17, 1973, be corrected to reflect such title change. Carried by the following vote: ." .'.. ,. , , , ' AYES: NOES: ABSENT: Members: Memb ers : Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 6. RESOLUTION NO. 73-46A, A RESOLUTION MAKING A NEGATIVE DECLARATION AND PROVIDING FOR NOTICE THEREOF, DISTRICT SEWERING PROJECT 2100, RUDGEAR ROAD PROJECT After explanation by and upon the recommendation of Mr. Bohn, Counsel for the District, it was moved by Member Mitchell, seconded by Member Gibbs, that Resolution No. 73-46A be adopted and that such adoption be reflected in the Minutes of the Meeting of May 17,1973. Carried by the following vote: ~YES: NOES: ABSENT: Memb ers : Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None VII. NEW BUSINESS BUDGET FOR 1973-74 1. PERSONNEL a. Mr. Charles Doran, President of the Central Contra Costa Sanitary District Employees' Association, addressed the Board and introduced the Officers of the Association and employee members present in the audience. Member Mitchell, Chairman of the Personnel Committee, reported that the Committee, after thorough review and discussion with staff, had deleted employment of one additional Maintenance Man I as proposed by staff. He stated that the Committee was prepared to recommend adoption of the remain- ing staff personnel proposals as previously received by Board Members. Board Members and staff discussed and exchanged comments regarding staff proposals on personnel with Mr. Horstkotte, stating, ,in response to query, that approval of staff recommendations on personnel would have no adverse impact upon the proposed District's tax rate for fiscal year 1973-74. After such discussion and exchange of comments, it was moved by Member Gibbs, seconded by Member Mitchell, that authorization to promote one Maintenance Foreman, one Maintenance Leadman, four Maintenance Men II, and the addition of one Civil Engineering Assistant I, one Equipment Operator, and two Receptionist-Clerks all to be effective July 1, 1973, and one Receptionist- Clerk effective January 1, 1974, be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None RESOLUTION NO. 73-57, A RESOLUTION AUTHORIZING 5% SPECIAL MERIT SALARY INCREASES FOR PAGE CARDWELL, ENGINEERING AID II; ROBERT MARPLE, CIVIL ENGINEERING ASSISTANT II; DANIEL LOPEZ, MAINTENANCE LEADMAN; BEN NETTO, MAINTENANCE FOREMAN AND LOUIS SWAIN, PLANT OPERATOR It was moved by Member Mitchell, seconded by Member Boneystee1e, that ¡ 06 14 73 124 Resolution No. 73-57 be adopted. AYES: NOES: ABSENT: Members: Members: Members: Carried by the following vote: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None RESOLUTION NO. 73-.~8_,_A RESOLUTION ESTABLISHING CLASSIFICATIONS OF EQUIPMENT 'MECHANIC ~D E_(~tu..IP.J1ENT OPERATOR It was moved by Member Mitchell, seconded by Member Boneysteele, that Resolution No. 73-58 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None RESOLUTIONNO.73~59, A RESOLUTION CHANGING DEPARTMENT HEAD TITLES TO MANAGER, ENGINEERING DEPARTMENT; MANAGER, MAINTENANCE DEPARTMENT AND MANAGER, PLANT OPERATIONS After discussion, wherein the original title as proposed by staff for Resolution No. 73-59 was amended, it was moved by Member Mitchell, seconded by Member Boneysteele, that Resolution No. 73-59 as amended above, be adopted. Carried by the following vote: AYES: NOES: ABSENT: Memb ers : Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None RESOLUTION NO. 73-60, A RESOLUTION APPOINTING DAVID JOHNSON, CIVIL ENGINEERING ASSISTANT I It was moved by Member Mitchell, seconded by Member Boneysteele, that Resolution No. 73~ßD be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None RESOLUTION NO. 73-61, A RESOLUTION APPOINTING DONALD ROBERTSON, JOE L. WHITE, DOYLE CAMBRON AND GARY SLOWINSKI, MAINTENANCE MAN II It was moved by Member Mitchell, seconded by Member Boneysteele, that Resolution No. 73:'ô1. be ad9pted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None RESOLUTION NO. 73-62, A RESOLUTION ESTABLISHING SALARY SCHEDULE FOR DISTRICT EMPLOYEES Board Members and staff discussed and exchanged comments regarding percentage determination for salary increase ~o be authorized and granted to District Employees for fiscal year 1973-74. After discussion and exchange of comments with Mr. Horstkotte, General Manager-Chief Engineer, recommending, a 7-1/2% salary increase, it was moved by Member Mitchell that a 5% salary increase for District Employees for fiscal year 1973-74 be authorized and granted. Motion failed for lack of a second. Board Members and staff further discussed the matter of salary increase for District Employees with Member Boneysteele, member of the Personnel Committee, 06 14 73 125 recommending a 7-1/2% salary increase. After such discussion, it was moved by ì1ember Boneysteele, seconded by Member Gibbs, that a salary schedule authorizing and granting a 7-1/2% salary increase for all District Employees, with the exception of the General Manager-Chief Engineer, the Deputy General Manager-Chief Engineer and Counsel for the District, which personnel will be considered separately, be approved effective July 1, 1973, and that Resolution No. 73-62 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Memb ers : Members: Memb ers : Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None Upon the recommendation of Mr. Horstkotte, General Manager-Chief Engineer, it was ~oved by Member Mitchell, seconded by Member Allan, that call for oral and written Civil Service examination for Equipment Mechanic be authorized. Carried by the following vote: AYES: NOES: ABSENT: Members: Memb ers : Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None AUTHORIZE FRIDAY, AFTER THANKSGIVING, AS AN ADMINISTRATIVE DAY OFF FOR DISTRICT EMPLOYEES Upon the request of Mr. Doran, President of the District Employees' Association, Board Members and staff discussed and exchanged comments re- garding authorization of the day after Thanksgiving to be considered as an administrative day off for District employees. After such discussion the Board took no action. b. EQUIPMENT Hr. Horstkotte, General Manager-Chief Engineer, provided Board Members with a staff memorandum regarding recommended purchase of a 1973 model backhoe and loader, tire mounted, and explained the staff rationale for purchase of the item. It was moved by Member Mitchell, thåt the District budget for equipment and motor vehicles be established at $35,000.00. Motion failed for lack of a second. Board Members and staff then reviewed each item on the equipment list re- quested by the Maintenance Department. After such review and discussion regarding individual items requested, it was moved by Member Mitchell, that the District budget for equipment and motor vehicles be established at $50,000.00. Motion failed for ,lack of a second. \ Board Members reviewed and discussed with staff each departmental request for motor vehicles. After such discussion,and exchange of comments, it was moved by Member Mitchell, that the number of motor vehicles authorized in the District budget be reduced by two. Motion failed for lack of a second. Board Members reviewed the equipment requested by the Administration Depart- ment. After such review and with concurrence of staff, the Board Members deleted "Dictating and Transcribing Equipment" in the amount of $1,150.00. Board Members reviewed individual items requested by the Engineering Department and, after exchange of comments with staff, it was moved by Member Mitchell, that the District budget for equipment and motor vehicles be established at $60,000.00. Motion failed for lack of a second. Board l~mbers reviewed the list of furniture by individual departments and the equipment requested for pumping stations. After such review, Board, discussed with staff, rental equipment requests. At the suggestion of Member Allan, and after discussion, the budget for rental of a Xerox Copier was increased to $6,300.00 06 14 73 126 After thorough review of individual equipmen~ items by the Board Members, it was moved by Member Gibbs, seconded by Member Allan, that the District budget for equipment, as revised by Board action, be approved. Carried by the following vote: ' AYES: NOES: ABSENT: c. Members: Member: Members: TOTAL BUDGET Boneystee1e, Gibbs, Allan and Rustigian Mitchell None Member Mitchell noted that the budget provision for personnel over- time appeared excessive in view of the increase in staff personnel. He then moved that personnel overtime in the budget be established at $20,000.00. After Board Member discussion and explanation by staff regarding personnel over- time requirements, motion of Member Mitchell failed for lack of a second. After Board Members reviewed individual accounts contained in the budget and discussed and exchanged comments on certain items, Mr. Horstkotte recom- mended that the budget be adopted. EXECUTIVE SESSION At, 10:30 o'clock P.M., President Rustigi.:i.n' declared an Executive Session to discuss a personnel matter. At 10:48 o'clock P.M., President Rustigian reconvened the adjourned regu- lar meeting. It was moved by Member Gibbs, seconded by Member Allan, that the Deputy General Manager-Chief Engineer, be authorized and granted a 7-1/2% salary increase and that the General Manager-Chief Engineer be authorized and granted a 5% salary increase, both effective July 1,1973. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None It was moved by Member Gibbs, seconded by Member Allan, that the District budget for fiscal year 1973-74, as revised, be approved. Carried by the following vote: AYES: NOES: ABSENT: Memb ers : Member: Members: Boneystee1e, Gibbs, Allan and Rustigian Mitchell None RESOLUTION NO. 73-63, A RESOLUTION SETTING THE 1973-74 RUNNING EXPENSE TAX RATE AT 55ç, AND SETTING FORTH THE FUNDS REQUIRED FOR GENERAL OBLIGATION BONDS PRINCIPAL AND INTEREST After explanation by, and upon the recommendation of Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Gibbs, seconded by Member Mitchell, that ResoLution No. 73-63 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Memb ers : Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None CERTIFICATION OF FUNDS NECESSARY FOR CENTRAL CONTRA COSTA SANITARY DISTRICT AND OF THE RATES OF TAXATION NECESSARY TO RAISE SUCH FUNDS. Upon the recommendation of Mr. Horstkotte, General it was moved by Member Allan, seconded by Member Gibbs, and Secretary be authorized to execute Certification of Central Contra Costa Sanitary District and the Rates of Raise Such Funds. Carried by the following vote: Manager-Chief Engineer, that the President Funds Necessary for Taxation Necessary to 06 14 73 127 AYES: NOES: ABSENT: Memb ers : Hernb ers : Hembers: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 2. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None 3. INFORMATION None VIII. REPORTS 1. COMMITTEES a. CITIZENS ADVISORY COMMITTEE ON SOLID WASTE RECYCLING Member Boneysteele, Chairmain of the Advisory Committee, reported that he had requested cancellation of the Advisory Committee meeting scheduled for June 13, 1973, in order to attend a Sierra Club meeting on the subject of earthquake faults. Member Boneysteele gave a brief report on that meeting. 2. GENEPAL MANAGER-CHIEF ENGINEER None. 3. COUNSEL FOR THE DISTRICT Mr. Bohn stated that he would report to the Board Members on solid waste management at the meeting scheduled for June 21, 1973. In accordance wi~h the request of the Board Members at the meeting of June 7, 1973, Mr. Bohn presented, for inclusion in the Minutes, current, statutory authority authorizing Board Members participation in District Health and Welfare, Life Insurance and Dental Plans. "June 8, 1973 "Honorable George Rustigian, President Member of the Board of Directors CENTRAL CONTRA COSTA SANITARY DISTRICT l250 Springbrook Road Walnut Creek, California 94597 "Gentlemen: "During the consideration of a dental services plan by the Board, I did some research regarding the authority of the Board of Directors of Central Contra Costa Sanitary District to provide 'health and welfare benefits' to its officers, employees, and retired employees, with the following results: "Article 1, Chapter 2 of Title 5 of the ..Government: Code refers to 'group insurance', Se~tion 53200 (the first section number under said Article 1) of the Government Code defines the terms which are used in the Article. Among other things, this section makes it ,clear that a 'district' is included as a local agency within the meaning of the statute. "Sub-division (e) of said. Government Code Section 53200, goes on to define 'officers and employees' of the local agency to include all employees and 'members of the legislative body'. It seems clear, therefore, that the Board of Directors of Central Contra Costa Sanitary District is included within the provisions of said Article 1 dealing with group insurance. 06 1-4 73 128 "Governmentl Code Section 53201 provides in substance that the legis- lative body of a local agency (Board of Directors of CCCSD) may provide for any health and welfare benefits for the benefit of its officers, em- ployees and retired employees who elect to accept the benefits and who authorize the local agency to deduct the premiums (note, however, the next section). . "Government Code Section 53205 provides that the legislative body (Board of Directors) may authorize payment ~ all or any portion of the premiums, due or other charges for health and welfare benefits. Further provision is made that if the employer (CCCSD) pays the premiums, any dividends or premium refunds belong to the employer (public agency). "Government Code Section 53208 reads as follows: '" 53208 Participation by any member of legislative body in plan. Notwithstanding any statutory limitation upon compensation or statutory restriction relating to interest in contracts entered into by any local agency, any member of a legislative body may participate in any plan of health and welfare benefits permitted by this article.' "It foÌlows from the foregoing that the Board of Directors of Central' Contra Costa Sanitary District has authority to provide any health or welfare benefits it may desire for its employees and retired employees, and may include in any or all of such plans provision for participation by the Directors. ' "The health and welfare plans may include 'group accident and health insurance and medical hospital insurance on the spouse and dependent children under the age of 21 (25 if full time college students) of its 'officers and employees' (which includes Directors). In connection with this subject, the provisions of Government Code 53205.2 are of interest in that the Code directs the Board of Directors approving these health and welfare plans to give preference to such plans as do not terminate upon retirement of employees and which provide the same benefits for retired personnel as for active personnel at no increase to costs to the retired personnel, with certain exceptions. "Respectfully submitted, /s/ John A. Bohn "John A. Bohn District Counsel JAB:aj" 4 . SECRETARY None. IX. MATTERS FROM THE FLOOR 1. Member Mitchell reported that he had appeared as a private citizen at the County Board of Supervisors' meeting tò review and discuss "open space policy". Member Mitchell stated that a definition of "open space" for the District was desirable. It was Member Hit'cheLl's conjecture that, without a firm definition of ,"open space", special districts could levy taxes on non-defined areas thereby encouraging their development. 2. Member Gibbs reported that he would not be present at the meeting of July 5, 1973. 06 14 '7~,3 129 , x. ADJOURNMENT At ll:O5 o'clock P.M., President Rustigian adjourned the Adjourned Regular Meeting. COUNTERSIGNED: E'~/~Q~~~ Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 06 14 7,3