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."
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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.
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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.
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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
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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
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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.
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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.
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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
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