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.
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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,
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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
¡
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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
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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
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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
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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
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"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.
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, 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
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