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HomeMy WebLinkAboutBOARD MINUTES 02-05-76 IV) MINUTES OF A REGULAR BOARD HEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD FEBRUARY 5,1976 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 February S, 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, Allan and Boneysteele ABSENT: Members: Mitchell and Rustigian Member Rustigian arrived at 7:37 P.M. II. APPROVAL OF MINUTES After discussion, it was moved by Member Gibbs, seconded by Member Allan, that the Minutes of the meeting of January 29, 1976, be approved after making the following correction: Under "VII. NEW BUSINESS 3. TV INSPECTION OF SEWER WORK" to the end of the last paragraph, add the following sentence: "Mr. Horstkotte assured the Board that the TV inspection procedure was not being applied to work which was bid before notice that such procedures could be applied." ~fution carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mitchell III. APPROVAL OF EXPENDITURES Deferred approval of expenditures until later in the meeting. IV. HEARINGS None. V. BIDS None. VI. OLD BUSINESS There being no objections, President Boneysteele digressed from the order of the agenda to take up "Old Business, Item S." 5. REVIEW GARBAGE FRANCHISE CONTRACTS Mr. Bohn, Counsel for the District, presented to the Board, for their review, a draft of the second Amended Agreement for Collection, Removal and Disposal of Garbage. He brought specific attention to those sections which he was instructed to change or modify in the prior draft presented on January IS, 1976. They were as follows: 02 05 76 706 Disposal of Garbage Fee for exclusive privilege Duty of Contractor to Maintain Records - to Examine Contractors Records Section lS - Contractor to furnish semi-annual report Section 22 - Option to extend the term Section S- Section 12 - Section 14 - Right of District Mr. Bohn stated that rather than change the established basic Code requirements each time there is a rate change, it would be more efficient if the rates were fixed by resolution. President Boneysteele asked Mr. George Gordon, attorney representing the garbage franchisees, if he wished to make any comments. Mr. Gordon expressed concern over the wording in Section 5, "Disposal of Garbage." President Boneysteele stated that the Board had no objection to his getting together with Mr. Bohn to change the language of that section and then return it to the Board for their review. Board Members, Mr. Bohn and George Gordon discussed in depth Section 8 of the agreement entitled "Contractor May Salvage Garbage." Member Gibbs contended that salvage rights should be retained by the District. Mr. Gordon stated that there would be no objection in this retention of salvage rights providing it only applies to garbage being used by the District for energy recovery. After further discussion, including participation from the audience, namely, Mr. Blackburn of The Orinda Association, and Mr. Pinedo of the Town of Moraga, it was the consensus of the Board to retain all salvage rights for the District. Mr. Bohn was instructed to rewrite the agreement along the lines discussed and Mr. George Gordon, Mr. Blackburn and Mr. Pinedo were to receive a copy of the agreement. The agreement is to be brought before the Board on February 19,1976, for their decision. At 8:55 P.M., President Boneysteele recessed the meeting. At 9:00 P.M., President Boneysteele reconvened the meeting. President Boneysteele requested the Board to take up "VII. Business, Item 4." New 4. REQUEST OF MR. & MRS. WHITT FOR A REFUND OF ELECTIVE FIXTURE CHARGE PAYMENTS Mr. Dalton, Deputy General Manager-Chief Engineer, stated that this claim is a legal matter and referred the matter to District Counsel. Mr. Bohn stated that in May 1974, the Board passed Ordinance 97 establishing a new formula for elective fixture charges. Mr. & Mrs. Whitt had paid off their account two years prior to that Ordinance and were therefore not on our books as an active account at the time it became effective. Mr. Whitt then addressed the Board and presented his case. Board Members agreed that there may be certain inequities in this system which effect certain owners and that they would give this matter further consideration. 02 05 76 / 707 Mr. Horstkotte, General Manager-Chief Engineer, advised that staff will review this matter and present the results to the Board in the near future. Mr. Whitt requested that he be kept informed of any progress in this matter. The Board then reverted back to the order of the agenda. VI. OLD BUSINESS 1. REPORT ON ANNEXATION PROCEDURES Mr. Horstkotte, General Manager-Chief Engineer, and W. C. Dalton, Deputy General Manager-Chief Engineer, explained to the Board the proposed procedures for annexation as outlined in the position paper. After discussion and further explanation, it was moved by Member Rustigian, seconded by Member Allan, that the following policies and recommendations as proposed in the staff memo be approved. 1. The Board of Directors authorizes management to accept for annexation (subject to final Board and LAFC action) all minor subdivisions and individual properties less than S acres within the District's sphere of influence except those in the Danville- San Ramon area. 2. Properties requesting annexation and receiving management or Board informal approval shall be accumulated until staff time is avail- able for preparation of final maps and descriptions, after which management will present them for formal Board Resolution in the 100% written consent category, or in the category requiring additional Board proceedings and hearings. 3. The Board of Directors authorizes and instructs management to submit all requests for annexation except those that management is hereby authorized to accept for informal Board review and approval and after such properties have received all planning clearances and prior to formal adoption of a Resolution of Application to the Local Agency Formation Commission, and to keep a current register and master map reference of all formally and informally approved parcels until each annexation is complete. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mitchell RESOLUTION INITIATING ANNEXATION PROCEEDINGS, DISTRICT ANNEXATION 48 (SET HEARING) 2. It was moved by Member Gibbs, seconded by Member Allan, that a Resolution Initiating Proceedings for District Annexation No. 48 be approved and a hearing set for March 18, 1976. RESOLUTION NO. 76-17, A RESOLUTION INITIATING PROCEEDING~DISTRICT ANNEXATION NO. 48 Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mitchell 02 05 76 ----------- 708 3. RESOLUTION INITIATING DETACHMENT PROCEEDINGS. DISTRICT DETACHMENT 49 (SET HEARINGS) It was moved by Member Gibbs, seconded by Member Allan, that a Resolution Initiating Proceedings for District Detachment No. 49 be approved and a hearing set for March 18, 1976. RESOLUTION NO. 76-18, A RESOLUTION INITIATING DETACHMENT PROCEEDINGS, DISTRICT DETACHMENT NO. 49 Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mitchell 4. AUTHORIZE PRESIDENT AND SECRETARY TO EXECUTE AMENDMENT NO.2 TO AGREEMENT BETWEEN CCCSD AND BROWN AND CALDWELL FOR ENGINEERING SERVICES FOR DESIGN OF STAGE SB ENLARGEMENT OF THE WATER RECLAMATION PLANT (REVIEWED BY DISTRICT COUNSEL) Mr. Horstkotte, General Manager-Chief Engineer, explained to the Board that this amendment was drawn for the purpose of conforming the contract to the present EPA regulations. It was then moved by Member Gibbs, seconded by Member Allan, that the President and Secretary be authorized to execute Amendment No.2 to the Agreement between CCCSD and Brown and Caldwell for Engineering Services for Design of Stage 5B Enlargement of the Water Reclamation Plant. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mitchell 5. REVIEW GARBAGE FRANCHISE CONTRACTS Discussed earlier in the meeting. 6. REVIEW REVISED EMPLOYEES' DEFERRED COMPENSATION PLAN Mr. Bohn, Counsel for the District, indicated he had revised the original draft to conform to the suggestions given by the Board and the Employees' Association Committee. After further discussion, it was moved by Member Gibbs, seconded by Member Allan, that the Employees' Deferred Compensation Plan as presented by John A. Bohn be approved, subject to the addition of Section 7.2c (another payment option), as approved by the District Employees' Association and that a Resolution be passed adopting the plan. RESOLUTION NO. 76-16, A RESOLUTION ADOPTING THE DISTRICT EMPLOYEES' DEFERRED COMPENSATION PLAN Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mit chell VII. NEl\T BUSINESS 1. CONSENT ITEMS None. 02 05 76 709 ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING 2. It was moved by Member Rustigian, seconded by Member Gibbs, 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 James E. Phillips, et ux Gary B. Chase, et ux Randall H. King, et ux Leadership Housing Systems, Inc. 2646 2646 2646 2081 1 2 3 6 RESOLUTION NO. 76-21, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM JAMES E. PHILLIPS, ET UX, WALNUT CREEK AREA, (JOB NO. 2646 - PARCEL NO.1) RESOLUTION NO. 76-22, A RESOLUTION ACCEPTING AN E~?E~ENT AT NO COST TO THE DISTRICT FROM GARY B. CHASE, ET UX, WALNUT CREEK AREA, (JOB NO. 2646 - PARCEL NO.2) RESOLUTION NO. 76-23, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM RANDALL H. KING, ET UX, WALNUT CREEK AREA, (JOB NO. 2646 - PARCEL NO.3) RESOLUTION NO. 76-24, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST TO THE DISTRICT FROM LEADERSHIP HOUSING SYSTEMS, INC., SAN RAMON AREA (JOB NO. 2081 - PARCEL NO.6) ~fution carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mitchell DISTRICT ANNEXATION NO. Sl (4 PARCELS TO BE CONSIDERED LOGICAL BOUNDARIES AND VIRTUALLY 100% PETITIONED) 3. After discussion, it was moved by Member Gibbs, seconded by Member Rustigian, that Parcels 1, 3 and 4 be included in the pending application to LAFC for District Annexation. Parcel No.2 is to be held over til February 19, 1976, pending newspaper notification of the proposed annexation. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mitchell REQUEST OF MR. AND MRS. WHITT FOR A REFUND OF ELECTIVE FIXTURE CHARGE PAYMENTS 4. Item discussed earlier at the meeting. CLAIM OF MRS. PRENTICE, 1105 MAGNOLIA LANE, LAFAYETTE, IN THE AMOUNT OF $236.52 5. After discussion, it was moved by Member Rustigian, seconded by Member Allan, that the claim of Mrs. Prentice, in the amount of $236.S2 for residential property damage be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mitchell 02 05 76 710 6. AUTHORIZATION FOR STAFF TO ATTEND CALIFORNIA WATER POLLUTION CONTROL ASSOCIATION CONFERENCE APRIL 14-17, 1976, LAKE TAHOE It was moved by Member Gibbs, seconded by Member Allan, that G. A. Horstkotte, General Manager-Chief Engineer, W. C. Dalton, Deputy General Manager-Chief Engineer, the three Department Managers, Niles, Best and Hinkson, be authorized to attend the California Water Pollution Control Association Conference April 14-17, at Lake Tahoe, on an actual cost basis. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mitchell 7. ESTABLISH AN ELIGIBILITY LIST FOR MAINTENANCE TECHNICIAN II It was moved by Member Allan, seconded by Member Gibbs, that the eligibility list for Maintenance Technician II be approved and a resolution establishing that list be adopted. RESOLUTION NO. 76-lS, A RESOLUTION ESTABLISHING AN ELIGIBILITY LIST FOR MAINTENANCE TECHNICIAN II Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mitchell 8. APPOINT JOHN LEPAGE MAINTENANCE TECHNICIAN II, RANGE S9E, ($l4S2) , EFFECTIVE 2/1/76 It was moved by Member Allan, seconded by Member Gibbs, that John LePage, be appointed to the position of Maintenance Technician II and that a resolution be adopted to that effect. RESOLUTION NO. 76-19, A RESOLUTION APPOINTING JOHN LEPAGE TO THE POSITION OF MAINTENANCE TECHNICIAN II Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mitchell 9. APPOINT ROBERT SIMMONS MAINTENANCE TECHNICIAN II, RANGE S9A, ($1200) EFFECTIVE 2/15/76 It was moved by Member Allan, seconded by Member Gibbs, that Robert Simmons be appointed to the position of Maintenance Technician II and that a resolution be adopted to that effect. RESOLUTION NO. 76-20, A RESOLUTION APPOINTING ROBERT SIl1MONS TO THE POSITION OF MAINTENANCE TECHNICIAN II Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mitchell AUTHORIZE $2000 FOR PURCHASE OF A NO.3 WATER PUMP FROM CONTRA COSTA COUNTY WATER DISTRICT 10. After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Allan, seconded by Member Gibbs, that the District 02 05 76 711 be authorized to purchase a No.3 water pump in the amount of $2000 from the Contra Costa County Water District. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mitchell 11. AUTHORIZE $5000 TO REPAIR GATES AND TO PLACE GATES AND FENCES FOR PLANT SECURITY After discussion and explanation by Mr. Horstkotte, General Manager- Chief Engineer, it was moved by Member Rustigian,.seconded by Member Allan, that $5000 be authorized to repair gates and to place fences and gates at several locations for plant security. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mitchell 12. AUTHORIZATION OF $10,000 FOR THE INSTALLATION OF STANDBY POWER FOR THE MARTINEZ PUMP STATION After discussion, it was moved by Member Allan, seconded by Member Rustigian, that $10,000 be authorized for engineering and installation of a generator at the Martinez Pumping Station secured from U.S. surplus property for the purpose of providing standby power. Motion carrie d by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mitchell 13. FACTORY WITNESS TEST FOR WATER RECLAMATION PROJECT MAJOR EQUIPMENT PHASE II PROJECT - LA PUENTE After discussion, it was moved by Member Gibbs, seconded by Member Allan, that A. C. Russell be authorized one-day's per diem and travel expenses to attend a factory witness test of major equipment for the Water Reclamation Project - 5A Phase II, at La Puente on January 26, 1976. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mitchell 14. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. IS. INFORMATION a. BREAKDOWN OF CERTAIN JANUARY BILLS After discussion, it was moved by Member Gibbs, seconded by Member Rustigian, that the statements presented by Mr. Bohn, Counsel for the District, be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mitchell b. Board noted receipt of correspondence from Wilson, Jones, Morton & Lynch in regard to Interim Construction Financing in the event of a temporary cash flow shortåge. c. Board Members noted receipt of the working draft "Resolution of Intent to Participate in the 208 Program." 02 05 76 712 VII I. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Horstkotte reported that he has had several meetings with the contractors on the Water Reclamation Facility as to their progress. 2. COUNSEL FOR THE DISTRICT ~1r. Bohn informed the Board that as yet the District has not received payment from Mr. Peter Knoedler for his candidate's statement. The Board instructed Counsel to write Mr. Knoedler and again request payment. 3. SECRETARY None. 4. COMMITTEES Expenditure Committee President Boneysteele informed the Board that in the absence of Member Mitchell, he had reviewed the expenditures. It was moved by Member Rustigian, and in the absence of Member Mitchell, seconded by President Boneysteele, that the expenditures, including Sewer Construction Vouchers Nos. 2678 through 2712 inclusive, and Running Expense Vouchers Nos. 21719 through 21911 inclusive, and LID 54 Voucher No. 40, Payroll Vouchers Nos. 2389 through 2S2l be approved. Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mitchell IX. MATTERS FROM THE FLOOR a. President Boneysteele requested Mr. Bohn to call the City of Walnut Creek relative to the scheduled meeting regarding Solid Waste on February 10, and inform them that the meeting may be postponed, as Member Mitchell may be out of town. b. Mr. Horstkotte stated that Mr. Reagan, staff accountant, had gone to Los Altos and conferred with the City Manager and compiled the necessary information to compare the Los Altos Garbage Company to the District franchises. c. Member Allan stated that he had spoken with Mr. Bohn, Counsel for the District, regarding his "Retainer Agreement" which would become effective May 1, 1976, and continue for a period of two years. The agreement is the same as the previous draft, with the exception that all reference to Projects SA and 5B have been deleted. It was moved by Member Gibbs, seconded by Member Allan, that the "Retainer Agreement" for John A. Bohn, be approved as now drafted and to become effective May 1,1976, and that a resolution be adopted to that effect. RESOLUTION NO. 76-25, A RESOLUTION RETAINING JOHN A. BOHN, AS SPECIAL COUNSEL TO THE DISTRICT Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Rustigian, Allan and Boneysteele None Mitchell 02 05 76 713 Board Members approved the revised job description for "District Counsel" and the next step is to start a program for seeking a Counsel for the District. Mr. Horstkotte stated that he would take care of this matter. d. President Boneysteele stated that he has redrafted the letter on District Annexation and gave it to Mr. Dalton for review. x. ADJOURNMENT At 10:40 P.M., President Boneysteele adjourned the meeting to February 19, 1976, at 7:30 P.M. /"") h. resident of the District .' oard of the Central Contra Costa San"'ary District of Contra Costa County, State of California COUNTERSIGNED: rict Board of the Sanitary District of State of California 02 05 76