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HomeMy WebLinkAboutBOARD MINUTES 01-08-76 685 MINUTES OF A REGULAR BOARD MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD JANUARY 8, 1976 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on January 8,1976, at 7:30 P.M. President Boneysteele called the meeting to order and requested the District Secretary to call roll. I. ROLL CALL PRESENT: Members: Gibbs, Mitchell, Rustigian and Boneysteele ABSENT: Member: Allan Member Allan arrived at 7:35 P.M. II. APPROVAL OF MINUTES It was moved by Member Mitchell, seconded by Member Rustigian, that the Minutes of December 18, 1975, be approved after making the following corrections: Under "VI. OLD BUSINESS, 1. REVENUE PROGRAM AND CORRESPONDENCE FROM STATE DIVISION OF WATER QUALITY," change the first sentence of the second paragraph to read as follows: "The District is required by the State to modify its contract with the City of Concord and eliminate the use of Assessed Valuations from the formula for sharing of capital expenditures." Under "VI. OLD BUSINESS, 4. PROJECT NO. 2571, 27-INCH WATERSHED LINE IN DIABLO ROAD BETWEEN SAN RAMON CREEK AND INTERSTATE 680, DANVILLE," revise the item to read as follows: "Mr. Horstkotte, General Manager-Chief Engineer, explained to Board Members that the proposed 27-inch sewer line to be installed parallel with an existing overloaded IS-inch sewer line in this area is sized to serve the total watershed area and must be installed before the County road work begins since no underground work will be permitted in this area for five years after completion of the County road. In the Environmental Assessment of our project, the County becomes the "Lead Agency" thereby the preparation of an EIR by the District dealing specifically with the sewer is not mandatory. As a result of these factors, the project could be challenged on the grounds that the County's EIR did not deal with the fact that the proposed 27-inch sewer has surplus capacity. The District Counsel felt it would be satisfactory to proceed with the plan as previously authorized on March 20,1975. The Board's consensus was that the District should proceed with the construction as designed. " Under "VII. NEW BUSINESS, 6. REVISION OF LETTER TO ALL PROPERTY OWNERS REQUESTING ANNEXATION TO CCCSD," in the third paragraph first sentence, eliminate the words: "Member Allan and". Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 01 08 '76 686 III. EXPENDITURES Member Mitchell, Chairman of the Expenditure Committee, requested that approval of expenditures be deferred until later in the meeting. IV. HEARINGS None. V. BIDS None. VI. OLD BUSINESS 1. SEMI-ANNUAL REVIEW OF GARBAGE FRANCHISES Mr. Horstkotte, General Manager-Chief Engineer, explained to Board Members that Mr. Ron Reagan, staff Senior Accountant, has prepared the audit for the semi-annual review of garbage franchises. However, since the financial state- ments from Valley Disposal Service were just received this afternoon, Mr. Horstkotte requested that this matter be postponed until the Board Meeting of January l5, 1976, in order that Valley Disposal Service figures may be included. Mr. Blackburn of the Orinda Association and Mr. Geno Banducci asked if it would be possible to obtain a copy of the Semi-Annual Garbage Franchise Report for review. President Boneysteele informed the gentlemen that the District would comply with their request. Mr. Bohn, Counsel for the District, requested that consideration of renewal of garbage franchises be put over due to directives coming from Sacramento regarding salvage. He wished to have time to review these reports and present the matter to the Board at the January 15 meeting. After discussion regarding labor negotiations, President Boneysteele queried Mr. George Gordon, attorney representing the garbage franchisees, as to the possibility of the District taking part in labor negotiations. Mr. Gordon replied that any assistance would be appreciated, however, he does not know what the union representative's attitude would be. Mr. Gordon also stated that the position unions usually take is that any franchising agency is a third party and has no place in contract negotiations. Mr. Mitchell stated that cooperation with central county cities would be desirable in labor-related negotiations. After further comment and discussion, President Boneysteele suggested that perhaps Mr. Bohn and Mr. Gordon could get together and prepare the contract wording to include the District in labor negotiations. At 8:30 P.M., President Boneysteele recessed the meeting. At 8:37 P.M., President Boneysteele reconvened the meeting. President Boneysteele requested to take up VI. this time. OLD BUSINESS, Item 4 at 4. DISTRICT ANNEXATION NO. SO (4 PARCELS PROPOSED TO BE ADDED TO THE 12 PARCELS PREVIOUSLY AUTHORIZED FOR PROCESSING - LOGICAL BOUNDARIES AND VIRTUALLY 100% PETITIONED) Mr. Horstkotte, General Manager-Chief Engineer, explained to the Board the new wall map for locating parcels being considered for annexation, after which President Boneysteele declared the matter open for discussion. 01 lO'S 76 - 687 Mr. Dalton, Deputy General Manager-Chief Engineer, informed the Board that the parcels described have completed the planning process, have been approved by the proper planning agencies and are now ready to be considered for annexation. Present in the audience were Mr. James Busby of Dame' Construction and Mr. John S. Peters of Riffe, Peters and Jones, who spoke briefly in regard to the 78 acre San Ramon parcel (l7). After discussion, it was moved by Member Mitchell, seconded by Member Allan to approve parcels 14,15, 16 and 17 for inclusion in a pending Resolution of Application to LAFCO for annexation of properties to Central Contra Costa Sanitary District. Motion carried by the following vote: AYES: NOES: ABSENT: Members: None None Gibbs, Mitchell, Rustigian, Allan and Boneysteele President Boneysteele requested that the Board now revert back to the order of the Agenda. 2. STAFF SALARY ADJUSTMENTS Mr. Horstkotte, General Manager-Chief Engineer, referred the Board back to their decision of July, 1975, wherein a 7-1/2% salary increase was granted to all employees, excluding management, with the understanding that in January, 1976, the Employees could again approach the Board for further salary adjustment. The Chair recognized Mr. Robert Collins, President of the Employees' Association, who gave a presentation wherein he requested a 5% across the Board salary increase effective January 1, 1976. President Boneysteele thanked Mr. Collins for his presentation. After discussion and review of the charts and material presented, it was moved by Member Rustigian to grant a 5% salary increase effective January 1, 1976. Motion failed for lack of a second. Mr. Horstkotte, General Manager-Chief Engineer, then went on to say that a 2-1/2% salary increase retroactive to July 1, 1975, would be justified and represented a viable compromise of Board, Employee Association, and management. positions. Member Gibbs stated that it should be noted that any employees' salary increase excludes the General Manager-Chief Engineer, Deputy General Manager- Chief Engineer, three Department Managers and Mr. Bohn, Counsel for the District. After further discussion by the Board, it was moved by Member Gibbs, seconded by Member Mitchell, to grant a 2-1/2% salary increase effective January 1,1976. At this point Mr. Collins was recognized by the Chair and queried the Board as to the feasibility of a flat dollar across the board salary increase so that the employees at the lower end of the income scale could realize more financial gain. After some calculation, Member Allan suggested a flat dollar amount of $3S.00 for all employees excluding management. Member Gibbs withdrew his motion of a 2-1/2% salary increase effective January 1, 1976, and Member Mitchell withdrew his second. It was then moved by Member Allan, seconded by Member Mitchell, that a salary increase of $3S.00 per month for all employees, excluding management, be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 01 08 76 688 The Personnel Committee will meet with the General Manager-Chief Engineer on the evening of January l2, 1976, to discuss proposed management salary increases and other personnel matters. 3. AUTHORIZATION FOR GENERAL MANAGER-CHIEF ENGINEER TO FILE NOTICE OF COMPLETION ON DISTRICT SEWERING PROJECT 2612 CONSISTING OF THE INSTALLATION OF A MAIN LINE SEWER AND APPURTENANT STRUCTURES IN CEDAR LANE After comments by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Gibbs, seconded by Member Allan, that the General Manager- Chief Engineer be authorized to file a Notice of Completion for DSP 2612. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 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 Allan, seconded by Member Rustigian, 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 Lynn J. Walch, et ux Larry W. Fish, et ux Judith Lee Stehr William E. Taylor, et ux R. Vandermeyde, et ux San Francisco Bay Area Rapid Transit 2639 2639 2587 2S87 2356 District 2642 2 3 3 8 1 2 a. RESOLUTION NO. 76-1, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM LYNN J. WALCH, ET UX, DANVILLE AREA, JOB NO. 2639, PARCEL NO.2 b. RESOLUTION NO. 76-2, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM LARRY W. FISH, ET UX, DANVILLE AREA, JOB NO. 2639, PARCEL NO.3 c. RESOLUTION NO. 76-3, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM JUDITH LEE STEHR - PLEASANT HILL AREA, JOB NO. 2587, PARCEL NO.3 d. RESOLUTION NO. 76-4, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM WILLIAM E. TAYLOR, ET UX, PLEASANT HILL AREA, JOB NO. 2587, PARCEL NO.8 e. RESOLUTION NO. 76-5, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM R. VANDERMEYDE, ET UX, LAFAYETTE AREA, JOB NO. 23S6, PARCEL NO.1 f. RESOLUTION NO. 76-6, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT ORINDA AREA, JOB NO. 2642, PARCEL NO.2 Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Membe:t:'s: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 01 08 76 689 3. AUTHORIZE EXECUTION OF QUITCLAIM DEED AND ITS RECORDING CR. VANDERMEYDE JOB NO. l528 - PARCEL 14 - LAFAYETTE AREA) After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Gibbs, seconded by Member Rustigian, that the President and Secretary be authorized to execute and record a Quitclaim Deed to R. Vandermeyde - Job No. 1528 - Parcel 14 - Lafayette area, and that a resolution be adopted to that effect. RESOLUTION NO. 76-7, A RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM DEED TO MR. R. VANDERMEYDE JOB NO. lS28, PARCEL 14, LAFAYETTE AREA Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 4. "AGREEMENT RELATING TO REAL PROPERTY" WITH MORAGA ENTERPRISES, INC., PROPERTY LOCATED NORTH OF INTERSECTION OF ST. ANDREWS DRIVE AND AUGUSTA DRIVE, MORAGA, CCCSD JOB NO. lS67 - PARCEL NO. 31 After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Mitchell, seconded by Member Rustigian, that "Agreement Relating to Real Property" with Moraga Enterprises, Inc., property located North of Intersection of St. Andrews Drive and Augusta Drive, Moraga, CCCSD Job No. 1567 - Parcel 31, be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None S. "AGREEMENT RELATING TO REAL PROPERTY" WITH SHELDON FREEDMAN, ET UX LOCATED AT NO. 25 WOODCREST DRIVE, ORINDA, CCCSD JOB NO. 236S - PARCEL 3 After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Rustigian, seconded by Member Allan, that "Agreement Relating to Real Property" with Sheldon Freedman, et ux located at No. 25 Woodcrest Drive, Orinda, CCCSD Job No. 236S - Parcel 3, be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 6. DISTRICT CONTRIBUTION TO ABAG After discussion, it was the consensus of the Board to defer this item to the next Board meeting. 7. TEICHERT VS. CITY OF WALNUT CREEK, ET AL After explanation by Mr. Bohn, Counsel for the District, it was moved by Member Rustigian, seconded by Member Mitchell, that Mr. Bohn, Counsel for the District be given authority to defend the District against the City of Walnut Creek action brought as a cross complaint to the Teichert action against the City. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 8. RENEWAL OF GARBAGE FRANCHISES After discussion of the uniform system of accounting, this item was put over to the meeting of January 15,1976. 01 08 76 690 9. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. At this time, the matter of "Expenditures"was taken up by the Board. Member Mitchell, Chairman of the Expenditure Committee, queried Mr. Bohn, Counsel for the District, regarding his invoice in the amount of $752.50. After explanation by Mr. Bohn and discussion, Member Mitchell requested that Mr. Bohn draft a memorandum to the Board clarifying what legal services are covered by his retainer fee and what type of services are to be considered over and above that fee. Member Gibbs stated that, in the future, any extra costs to be incurred by Counsel should be discussed with and approved by the Board prior to action. It was moved by Member Rustigian, member of the Expenditure Committee, seconded by Member Allan, that the Board approve Mr. Bohn's voucher and that the expenditures, including Sewer Construction Vouchers Nos. 2642 to 2677 inclusive, and Running Expense Vouchers Nos. 2l5S4 to 2l7l8 inclusive, and Payroll Vouchers Nos. 22S9 through 2388 be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Mitchell, Rustigian, Allan and Boneysteele None None 10. INFORMATION Mr. Clyde M. Hopkins, District Secretary, explained to the Board, for their notation, details regarding the proposed apportionment of Parcel 45-1-16-6 LID 45. Mr. Horstkotte, General Manager-Chief Engineer, stated that this matter has been referred to LID Counsel, and upon receipt of a letter from Wilson, Jones, Morton and Lynch, the Board can make the decision in regard to this apportionment. VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Horstkotte presented to the Board Members a copy of a letter written to the Contra Costa County Water District for their review and was instructed to forward the letter. b. Mr. Horstkotte informed Board Members that the District has received correspondence from the Division of Water Quality Control to the effect that the District is now authorized by the EPA to begin its energy recovery prototype pilot plant study. c. Progress at the Treatment Plant is going well. Mr. Horstkotte wished to advise the Board that Peterson-Simpson, Contractor for Stage SA-Phase I, has achieved approximately 75% of their contract. The contract payment cannot exceed 75% until contractor is in compliance with Section C-l.19 of the contract which is required to furnish the information necessary for the preparation of Maintenance and Operation Manual. Phase II progress payment will be approximately $200,000 for the month of December bringing the total to approximately 73% of the contract. 2. COUNSEL FOR THE DISTRICT None. 01 08 76 691 3. SECRETARY Mr. Hopkins requested to be excused from the January 15, 1976, meeting and the Board authorized his absence. 4. COMMITTEES Expenditure Committee: Member Mitchell, Chairman of the Expenditure Committee, informed the Board that the committee had a meeting with members of the Accounting staff on December 22,1975, and in general, found all past unlisted expenditures to be in order. President Boneysteele requested that a report be presented to the members at the next meeting listing all Vouchers not previously submitted on the expenditure list. Solid Waste Committee: President Boneysteele requested that Mr. Bohn, Counsel for the District, set up a meeting with the City of Walnut Creek regarding solid waste either the last week in January or the first week in February. He also requested Mr. Horstkotte to call Mr. Marriner, Manager, City of Lafayette, regarding a meeting with the City of Lafayette. BASSA: None. IX. MATTERS FROM THE FLOOR a. Member Allan requested that the Board grant authorization for Board and staff members to attend the CASA meeting to be held on January 22-24,1976, at Indian Wells. It was moved by Member Gibbs, seconded by Member Rustigian, that authorization for Mr. G. A. Horstkotte, General Manager-Chief Engineer, Mr. John A. Bohn, Counsel for the District, Member Allan and Member Gibbs to attend the CASA work conference in Indian Wells, California, January 22-24, 1976, with per diem, registration 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 brought attention to the fact that in the District Code when a District Board meeting falls on the same date as a holiday, then the meeting should be held on the following day. Mr. Bohn indicated that he would correct the Code to permit the meeting to be held a week later. X. ADJOURNMENT At 10:45 P.M. ~ President Boneysteele adjourned the regular Board meeting to 7:30 P.M. on January 15, 1976. ~:L . President of the DistrO Board of the Central Contra Costa nitary District of Contra Costa County, State of California COUNTERSIGNED: Secre ary of the DO trict Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 01 08 76