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HomeMy WebLinkAboutBOARD MINUTES 01-15-76 692 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD JANUARY IS, 1976 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, l2S0 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on January IS, 1976, at 7:30 P.M. President Boneysteele called the meeting to order and in the absence of the District Secretary, requested the Recording Secretary to call rolL I. ROLL CALL PRESENT: Members: Gibbs, Mitchell, Allan and Boneysteele ABSENT: Member: Rustigian Member llilstigian arrived at 7:42 P.M. President Boneysteele stated that after the "Approval of Minutes" the Board would digress from the order of the agenda and first take up those matters pertinent to the people present in the audience. II. APPROVAL OF MINUTES 1. MINUTES OF THE MEETING OF JANUARY 2, 1976 Board Members noted the cancellation of the above meeting due to lack of a quorum. 2. MINUTES OF THE MEETING OF JANUARY 8, 1976 After discussion between Mr. Horstkotte, General Manager-Chief Engineer, and Board ~1embers, it was moved by Member Mitchell, seconded by Member Allan, that the Minutes from the meeting of January 8, 1976, be approved after making the following corrections: Under "VIII. REPORTS, 1. GENERAL MANAGER-CHIEF ENGINEER, c." add the following to the last sentence: "which is required to furnish the information necessary for the preparation of Maintenance and Operation ManuaL" Under "VIII. REPORTS, 4. COMMITTEES" change the fourth paragraph to read as follows: "He also requested Mr. Horstkotte to call Hr. Marriner, Manager- City of Lafayette, regarding a meeting with the City of Lafayette." Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None At this time, the Board took up "Old Business, Item 3." 01 15 76 693 3. MT. DIABLO YMCA REQUEST TO BE HEARD REGARDING CCCSD SPECIAL SERVICE CHARGE (BOARD DENIED REQUEST FOR EXEt1PTION, l2/l8/7S) Mr. Earl Bond, General Director of the Mt. Diablo YMCA, explained the situation to Board Members regarding the Special Service Charge. The major water volume is the pool, and since this water is thoroughly regulated by the Health Department, he does not feel that there is any need for water treatment. Mr. Bond therefore requested, that the same consideration be given to the Mt. Diablo YMCA as is given to other non-profit charitable agencies and that the District Board and Mr. Horstkotte, General Manager-Chief Engineer, use their discretion and make a decision as to what the Service Charge should be. President Boneysteele asked Mr. William C. Dalton, Deputy General Manager-Chief Engineer, to meet with Mr. Bond for further discussion. Mr. Bond then thanked the Board Members for their consideration and President Boneysteele thanked Mr. Bond for his presentation. III. EXPENDITURES None. IV. HEARINGS None. V. BIDS None. VI. OLD BUSINESS 1. SEMI-ANNUAL REVIEW OF GARBAGE FRANCHISES Mr. Horstkotte, General ~funager-Chief Engineer, informed the Board that Mr. Ronald Reagan, staff Sr. Accountant, has complied with the Board's request to obtain a report on a Uniform System of Accounts for Waste Disposal operators. Mr. Reagan then reported that all of the financial statements and balance sheets from the garbage franchisees have been submitted with the exception of a balance sheet from Valley Disposal. The franchisees at one time were asked to conform to a particular method of recording because it is difficult for the District to allocate expenses from the Financial Statements that we presently receive. If the franchisees do conform to the Uniform System of Accounts, records would be far more compatible at the time of rate request. It was Mr. Reagan's opinion that the District should establish a Uniform System of Accounts. Mr. Horstkotte stated that copies of the Uniform System of Accounts report will be sent to the garbage franchisees for their comments. Member Rustigian suggested that Mr. Reagan should set up a meeting, including J. S. Plourde, our accountant, and the accountants for the garbage franchisees, to discuss the proposed system. Mr. Mark Pinado, representing the Moraga Ass'n., and Mr. Geno Banducci from the Orinda Ass'n., asked to be present at that meeting. President Boneysteele requested that a representative from the City of Lafayette also be invited to attend that meeting. President Boneysteele commented that there should be a paragraph in the new garbage agreement stipulating that the franchisees shall maintain records in accordance with the uniform system established by the District. 01 15 76 694 The Board again digressed from the order of the agenda to take up "Old Business, Item 7." 7. DISTRICT ANNEXATION NO. 50 (7 PARCELS PROPOSED TO BE ADDED TO THE l6 PARCELS PREVIOUSLY AUTHORIZED FOR PROCESSING - LOGICAL BOUNDARIES AND VIRTUALLY 100% PETITIONED, WITH EXCEPTION OF THREE PARCELS CONSISTING OF RESIDENTIAL PROPERTIES THAT ARE ALREADY CONNECTED BUT HAVE NOT PETITIONED) President Boneysteele stated that the Board will discuss collectively all of the parcels proposed for annexation. Member Mitchell stated that since he has an interest in AVCO Corporation, he wished to refrain from participating in any discussion that dealt in particular with proposed parcel (24). Mr. Horstkotte, General Manager-Chief Engineer, stated that basically the status of the proposed annexation areas are: have completed the planning process, have been approved by the proper agencies, and are now ready to be considered for annexation. Board Members expressed concern over the amount of parcels being submitted under DA 50, and felt that upon reaching a reasonable number, it should be closed and subsequent parcels be placed under the next District Annexation number, probably on a quarterly basis. Mr. Dalton, Deputy General Manager-Chief Engineer, stated that staff is bringing all the petitions received for the Board's informal approval. Some of the parcels on this list are already connected to the sewer. Board Members suggested that a standard procedure should be devised in order to maintain clarity and that a policy should be established regarding any annexation protests that arise before LAFC and which are then referred to the District Board for determination. President Boneysteele asked that the Minutes reflect that Mr. Dalton was requested to prepare a tabulation of the suggestions brought forth by the Board for adoption as a future guideline. After further discussion, it was the consensus of the Board to accept Parcels 18, 19, 20, 21, 22, 23 and 24 for inclusion in a pending Resolution of Application to LAFC for annexation of properties to CCCSD. President Boneysteele then asked Mr. Donald Laurie, representing AVCO Community Development if he understood the annexation procedure and Mr. Laurie indicated he did not. Mr. Horstkotte, General Manager-Chief Engineer, and Mr. Dalton, Deputy General Manager-Chief Engineer, explained to Mr. Laurie various steps and procedures involved prior to approval for annexation. At this time, the Board reverted back to the order of the agenda. 2. RENEWAL OF GARBAGE FRANCHISES Mr. Bohn, Counsel for the District, presented a draft of the agreement for Collection, Removal and Disposal of Garbage. Mr. Bohn explained the option agreement to the Board and then proceeded to read each section citing the new terms and conditions. Board Members discussed at great length the various aspects of the agreement, along with interested parties in the audience, namely: Mr. Mark Pinedo, Mr. Geno Banducci, and Mr. John Blackburn. Also present was Mr. George Gordon, attorney for the garbage franchisees. The subject of "salvage" was discussed and Mr. George Gordon explained the methods in which it is handled. It was the Board consensus that the entire section on salvage should be rewritten. 01 15 76 695 Board Members then requested that District administrative costs be defrayed by the Franchise Fee. tk. Bohn stated that he would insert the necessary wording in the Agreement. Mr. Gordon then commented on Alternate Paragraph 10 dealing with options for the extension of the contract over a ten-year period. The Board Members suggested that Alternate Paragraph 10 be revised to permit termination of the contract at the expiration of a ten-year period provided, that notice to terminate is given at the end of eight years. Board discussion ensued. Mr. Bohn, Counsel for the District, was instructed by the Board to make the agreed deletions and revisions to the draft Agreement and present the final draft for the meeting of February 5,1976. President Boneysteele recessed the meeting at 9:23 P.M. President Boneysteele reconvened the meeting at 9:30 P.M. 4. DISTRICT CONTRIBUTION TO ABAG After discussion, it was moved by Member Mitchell, seconded by Member Allan, that the District pay the $300 contribution to ABAG when billed. Motion carried by the following vote: AYES: Members: Mitchell, Rustigian, Allan and Boneysteele NOES: Members: None ABSTAINING: Member: Gibbs ABSENT: Members: None 5. PRELIMINARY ORDINANCE REVISING ENVIRONMENTAL QUALITY CHARGE }k. Horstkotte, General Manager-Chief Engineer, stated that Items S and 6 may be taken together. Some years ago, the District, after public hearings, established the environmental quality charge as zero (0). Now, the District has to start implementing a user charge. The ordinance and resolution will be forwarded to the State for their review. It was moved by Member Mitchell, seconded by Member Allan, that the draft Ordinance and Resolution for the Application of an Environmental Quality (Sewer User) Charge as prepared by staff be approved for transmittal to the State for its review and consideration. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None PRELIMINARY RESOLUTION REGARDING APPLICATION OF ENVIRONMENTAL QUALITY SEWER SERVICE USER CHARGE 6. Item discussed and settled under Old Business Item 5. 7. Item discussed earlier in the meeting. DETAILED LIST OF VOUCHERS, NOT PREVIOUSLY SUBMITTED ON EXPENDITURE LIST - l/1/7S THROUGH 12/31/75 8. After stating that the above titled expenditures were found to be in good order, it was moved by Member Mitchell, seconded by Member Rustigian, that the listed expenditures not previously submitted on the Expenditure Lists, January 1, 1975 through December 31, 1975, as reviewed by the Expenditure Committee on December 22, 1975, be approved. MOtion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 01 15 76 696 VII. NEW BUSINESS 1. CONSENT ITEMS None. 2. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND THE ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZATION OF RECORDING It was moved by Member Rustigian, seconded by Member Allan, that the easements, as listed below, be accepted at no cost to the District and that respective resolutions of acceptance be adopted and that their recordation be authorized. Grantor Job No. Parcel Charles M. Lowe, et ux Currin Construction Co. 2648 2640 1 2 a. RESOLUTION NO. 76-9, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM CHARLES M. LOWE, ET UX, MORAGA AREA (JOB NO. 2648 - PARCEL NO.1) b. RESOLUTION NO. 76-10, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM CURRIN CONSTRUCTION CO., WALNUT CREEK AREA (JOB NO. 2640 - PARCEL NO.2) Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 3. AUTHORIZE EXECUTION OF QUITCLAIM DEED AND ITS RECORDING TO CHARLES M. LOWE After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Mitchell, seconded by !1ember Gibbs, that the President and Secretary be authorized to execute and record a Quitclaim Deed to Charles M. Lowe - Job No. 2648 - Parcell - Moraga area, and that a resolution be adopted to that effect. RESOLUTION NO. 76-ll, A RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM DEED TO CHARLES M. LOWE, JOB NO. 2648, PARCEL l, MORAGA AREA Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None CONFIRM "AMENDED ASSESSMENT DIAGRAM(S)" AND AUTHORIZE RECORDING OF SAID DIAGRAM(S) 4. It was moved by Member Allan, seconded by Member Rustigian, that confirmation of the "Amended Assessment Diagram(s)" for the following assessment and the authorization and recording of said Diagram(s) be approved. Original Assessment Number Amended Assessment No. Apportioned Amt. 44-7-2-8 44-7-2-21 -22 $ 0.00 1,579.26 Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 01 15 76 5. 697 CLAIM OF MRS. BILL LOOMAN, l7l0.SAN LUIS RD., WALNUT CREEK, FOR $335.Sl After explanation and discussion, it was moved by Member Rustigian, seconded by Member Mitchell, that the claim of Mrs. Bill Looman, l7l0 San Luis Rd., Walnut Creek, for overflow property damage in the amount of $33S.5l, be approved. Motion carried by the following vote: AYES: NOES: ABSENT: 6. Hembers: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None CLAIM OF DAVID G. PETERSON, 3500 RICKS AVENUE, MARTINEZ, IN THE AMOUNT OF $220.00 After explanation and discussion, it was moved by Member Rustigian, seconded by Member Allan, that the claim of David G. Peterson, 3S00 Ricks Avenue, Martinez, in the amount of $220.00 for overflow property damage be approved. Motion carried by the following vote: AYES: NOES: ABSENT: 7. Hembers: Members: l1embers: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None APPROVAL OF RESOLUTION ADOPTING AN ELIGIBILITY LIST FOR SENIOR PLANT OPERATOR After discussion, it was moved by Member Allan, seconded by ìfumber Gibbs, that the resolution adopting an eligibility list for Senior Plant Operator be approved. RESOLUTION NO. 76-12, A RESOLUTION ADOPTING AN ELIGIBILITY LIST FOR SENIOR PLANT OPERATOR Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 8. APPOINT JAMES EUBANK TO THE POSITION OF SENIOR PLANT OPERATOR EFFECTIVE JANUARY IS, 1976 - P~GE 65C ($1523.00) After discussion, it was moved by Member Allan, seconded by Member Gibbs, that James Eubank be appointed to the position of Senior Plant Operator effective January IS, 1976 - Range 6SC ($1523) and that a resolution be adopted to that effect. RESOLUTION NO. 76-13, A RESOLUTION APPOINTING JAMES EUBANK TO THE POSITION OF SENIOR PLANT OPERATOR Motion carried by the following vote: AYES: NOES: ABSENT : Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 9. ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. 10. INFORMATION BREAKDOWN OF CERTAIN DECEMBER BILLS a. Board Members studied the statements presented by John A. Bohn, Counsel for the District, and after discussion approved all of the items, with the exception of two. 01 15 76 698 b. President Boneysteele brought the Board's attention to the invitation received from Contra Costa County for Victor Sauer's retirement party. VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER R. Mr. Horstkotte asked Board Members if it would be agreeable for them to tour the Treatment Plant on Saturday, January 17, at 9:30 A.M. President Boneysteele and Member Mitchell stated that they would be able to make the tour. 2. COUNSEL FOR THE DISTRICT After explanation by Mr. Bohn, it was moved by Member Rustigian, seconded by Member Allan, that Ordinance No. 113 be adopted as a general regulation of the District and shall be published once in the Contra Costa Times, a newspaper of general circulation, published and circulated in Central Contra Costa Sanitary District, and shall become effective upon expiration of one week after the publication. ORDINANCE NO. 113, AN ORDINANCE FIXING MEETING DATES OF THE DISTRICT BOARD WHEN THE REGULAR MEETING DATE FALLS ON A HOLIDAY Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 3. SECRET ARY None. 4. COMMITTEES a. Member Allan, Chairman of the Personnel Committee, requested an executive session to review the salaries of the management personnel. President Boneysteele deferred the session until the end of all the reports. b. BAS SA Member Gibbs reported that County Supervisors recommended that a committee from BASSA arrange a meeting with ABAG and the Council of Mayors made a similar recommendation. c. SOLID WASTE COMMITTEE Member Mitchell, Chairman of the Solid Waste Committee, reported that he has been scheduled to appear at the Lafayette City Council Meeting on January 26,1976, at which time they will discuss cooperation with the District regarding garbage rates and franchises. He requested that a staff member and Mr. Bohn, Counsel for the District, also be present, since the City Council will want to know about the Solid Waste Plan. Mr. Dalton, Deputy General Manager-Chief Engineer, agreed to attend. Mr. Bohn has set up a meeting with the City of Walnut Creek for February 10, 1976, regarding the solid waste plan. IX. MATTERS FROM THE FLOOR a. Member Gibbs stated that it was his pleasure and honor to report to the Board that the ENGINEERING NEWS RECORD has cited Mr. G. A. Horstkotte as one of the nominees for the "Construction's Man of the Year" award because of his significant achievement in the construction industry in 1975. Presentation of the award will be made at a banquet held in New York City on February 18, 1976. 01 15 76 699 It was then moved by Member Gibbs, seconded by Member Allan, that authorization for Mr. Horstkotte, General Manager-Chief Engineer, to attend the banquet in New York City, February 18,1976, with per diem and transportation be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None b. President Boneysteele requested approval for G. A. Horstkotte, Jr., and himself to attend the ABAG Earthquake Symposium at the Oakland Museum on February 11-12, 1976, at a cost of $15 each. It was moved by Member Gibbs, seconded by Member Allan, that the President of the Board and General Manager-Chief Engineer, be authorized to attend the ABAG Earthquake Symposium on February 11-12,1976, at the Oakland Museum at a cost of $lS each. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None At 10:12 P.M., President Boneysteele recessed the meeting to hold an executive session regarding management salaries. At 10:51 P.M., President Boneysteele reconvened the meeting. As a result of the executive session, it was moved by Member Allan, seconded by Member Gibbs, that the three Department Managers receive a 2-1/2% increase, that Mr. David Niles, Manager-Plant Operations, be placed in a new classification, Manager-Treatment Plant with an additional 2-l/2%; that Mr. William C. Dalton, Deputy General Manager-Chief Engineer, receive a 2-1/2% increase; and that Mr. G. A. Horstkotte, Jr., General Manager-Chief Engineer, receive a 7-1/2% increase. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None x. þJ)JOURNNENT At 10:55 P.M., President Boneysteele adjourned the regular meeting to a study session at 7:30 P.M. on January 29,1976. /1 <7 , , ~v...¿;. v- President 0 the Board Directors of Central Contra Costa S itary District of Contra Costa County, State of California COUNTERSIGNED: Secretar Central C Contra f Directors of istrict of California 01 15 76