HomeMy WebLinkAboutBOARD MINUTES 03-18-76
733
MINUTES OF A REGULAR BOARD MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD MARCH 18,1976
The District Board of the Central Contra Costa Sanitary District
convened in a regular session at its regular place of meeting at 1250 Springbrook
Road, Walnut Creek, County of Contra Costa, State of California, on March 18,
1976, at 7:30 P.M.
In the absence of President Boneysteele, it was moved by Member Gibbs,
seconded by Member Mitchell, to appoint Member Rustigian President pro tern.
President pro tern Rustigian called the meeting to order and requested
the Secretary of the District to call roll.
1.
ROLL CALL
PRESENT:
Members:
Gibbs, Mitchell and Rustigian
ABSENT:
Members:
Boneysteele (excused) and Allan
Member Allan arrived at 7:33 P.M.
II.
APPROVAL OF MINUTES
After discussion, it was moved by Member Mitchell, seconded by Member
Allan, that the Minutes of March 4, 1976 be approved with the following
addition:
Under "VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER", to the
end of the report add the following:
"f. Mr. Horstkotte advised the Board that he would not be available
on Friday, March 5,1976 as he would be off on compensatory time."
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Mitchell, Allan and Rustigian
None
30neysteele (excused)
III.
EXPENDITURES
None.
IV.
HEARINGS
1.
DISTRICT ANNEXATION NO. 48
Mr. Horstkotte, General Manager-Chief Engineer, advised the Board
Members that only one protest letter has been received with regard to this
annexation and suggested that the Board approve the annexation as presented.
-f
Present in the audience was Mr. Joachim Matull of Danville who indicated
he was in favor of the annexation.
It was moved by Member Mitchell, seconded by Member Gibbs, that the
protest letter be overruled. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Mitchell, Allan and Rustigian
None
Boneysteele (excused)
President pro tern Rustigian declared the Hearing on District
Annexation No. 48 closed.
03
18
76
734
It was moved by Member Mitchell, seconded by Member Gibbs, that District
Annexation No. 48 be approved and that a resolution be adopted to that effect.
RESOLUTION NO. 76-40, A RESOLUTION ORDERING THE ANNEXATION OF
TERRITORY CONTAINED IN DISTRICT ANNEXATION NO. 48 TO THE CENTRAL
CONTRA COSTA SANITARY DISTRICT
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Mitchell, Allan and Rustigian
None
Boneysteele (excused)
2.
DISTRICT DETACHMENT NO. 49
After explanation by staff and discussion,the chair called for
comments from the floor regarding the detachment; there being none,
President pro tern Rustigian declared the Hearing closed.
It was moved by Member Allan, seconded by Member Mitchell, that District
Detachment No. 49 be approved and that a resolution be adopted to that effect.
RESOLUTION NO. 76-41, A RESOLUTION ORDERING THE DETACHMENT OF
TERRITORY CONTAINED IN DISTRICT DETACHMENT NO. 49 FROM THE CENTRAL
CONTRA COSTA SANITARY DISTRICT
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Mitchell, Allan and Rustigian
None
Boneysteele (excused)
V.
BIDS
None.
V1.
OLD BUSINESS
1.
ORDINANCE NO. 114, AN ORDINANCE AMENDING SECTION 4-102, SECTION 4-201
AND RETITLING ART. 2 OF CHAPTER 4 TO READ "AFFIRMATIVE ACTION" AND
ADDING SECTION 4-202 AND 4-203
Mr. Horstkotte, General Manager-Chief Engineer, explained the Affirmative
Action Ordinance to the Board Members.
Member Gibbs observed that there should be two more items covered in
the Ordinance - those being purchasing and contracts.
The Board instructed Mr. Bohn, Counsel for the District, to prepare
an amendment to the Affirmative Action Ordinance including these two items.
It was then moved by Member Gibbs, seconded by Member Allan, that
Ordinance No. l14 be adopted, including additions by Mr. Bohn, and that
this Ordinance shall be 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 be effective upon expiration of the week of publication.
ORDINANCE NO. 114, AN ORDINANCE AMENDING SECTION 4-102, SECTION 4-201
AND RETITLING ART. 2 OF CHAPTER 4 TO READ" AFFIRMATIVE ACTION" AND
ADDING SECTION 4-202 & 4-203 .
!btion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Mitchell, Allan and Rustigian
None
Boneysteele (excused)
03
18 -76
735
ORDINANCE NO. 115, AN ORDINANCE AMENDING ORDINANCE 97 (FIXTURE CHARGE
PAYMENTS)
2.
Mr. Horstkotte, General Manager-Chief Engineer, explained to the Board
that this Ordinance is being presented for adoption to enunciate a policy
regarding fixture charge payments.
After discussion between Board members and staff, Member Mitchell
commented that the language used in the Ordinance was somewhat vague as
to its meaning.
Mr. Horstkotte requested that the Board defer this item to the next
meeting. Adoption of the Ordinance was deferred and the Board instructed
Mr. Bohn, Couns.el for the District, to clarify the language of the Ordinance.
Mr. Horstkotte then requested the Board to digress from the order of
the agenda to take up "Old Business, Item No.5."
5.
REVENUE PROGRAM
After explanation regarding the Revenue Program, Mr. Horstkotte,
General Manager-Chief Engineer, introduced Mr. Michael Verlander of
Brown and Caldwell who gave further commentary on the program.
Mr. Verlander stated that due to the fact that flow records were not
available from the City of Concord at the time the contract was drawn, the
tax base (total assessed valuation) is not in proportion to flows as it was
presumed to be, and therefore, the District staff requested the State to
waive sections of the Revenue Program Guidelines which conflict.with our
agreement with the City of Concord. In reply to this request, the District
was informed that the Division staff has no authority to grant such a waiver
and any waiver has to be approved by the State Water Resource Control Board.
Should the District elect to request a waiver by the State Board rather than
renegotiation of the Concord contract, the District may run into some
difficulties as it is required that a Revenue Program be adopted prior to
80% completion of the project or the funding program can be discontinued,
which could place the District in a cash flow problem.
Mr. Horstkotte suggested that we approach the State to approve our Revenue
Program with the understanding that the Concord contract will be amended prior
to 1977.
After a lengthy discussion between Board Members and staff, it was
moved by Member Mitchell, seconded by Member Allan that the District proceed
in compliance with the State and EPA requirements to establish a fair formula
with the City of Concord and that the District does not wish to appeal to the
State Water Resources Control Board in regard to the State staff decision
concerning our Revenue Program.
!fution carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Hembers:
Member:
Gibbs, Mitchell, Allan and Rustigian
None
Boneysteele (excused)
The chair thanked Mr. Verlander for his presentation.
President pro tem Rustigian reverted to the order of the agenda.
03
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736
3.
APPOINTMENT OF STAFF ADMINISTRATIVE ACCOUNTANT OR SENIOR ACCOUNTANT TO
SERVE ON ADVISORY COMHITTEE FOR CCCSD DEFERRED COMPENSATION PLAN AND
ADOPTING RESOLUTIONS APPOINTING MEMBER ALLAN AND AN ACCOUNTING
REPRESENTATIVE AS ADVISORY COMMITTEE REPRESENTATIVES
After explanation by Mr. Horstkotte, General Manager-Chief
it was moved by Member Gibbs, seconded by Member Mitchell, that
Elkins, Administrative Accountant, be appointed to serve as the
to the Employees' Deferred Compensation Plan Advisory Committee
resolution be adopted to that effect.
Engineer,
Robert 1.
representative
and that a
RESOLUTION NO. 76-43, A RESOLUTION APPOINTING ROBERT L. ELKINS,
ADMINISTRATIVE ACCOUNTANT, TO THE CENTRAL CONTRA COSTA SANITARY
DISTRICT EMPLOYEES' DEFERRED COMPENSATION PLAN ADVISORY COMMITTEE
Motion carried by the following vote:
AYES:
'NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Mitchell, Allan and Rustigian
None
Boneystee1e (excused)
It was moved by Member Gibbs, seconded by President pro tem Rustigian,
that a resolution appointing Member Allan to serve as District Board
representative to the Employees' Deferred Compensation Plan Advisory
Committee be adopted.
RESOLUTION NO. 76-42, A RESOLUTION APPOINTING. MEMBER DON 1. ALLAN AS
REPRESENTATIVE TO THE .CENTRAL CONTRA COSTA SANITARY DISTRICT EMPLOYEES'
DEFERRED COMPENSATION PLAN ADVISORY COMMITTEE
Motion carried by the following vote:
AYES:
NOES:
ABSTAINING:
ABSENT:
Members:
Members:
Member:
Member:
Gibbs, Allan and Rustigian
None
Hit chell
Boneysteele (excused)
4.
EXECUTION OF CONTRACT WITH REGIONAL PARK DISTRICT FOR USE OF CCCSD
R/W (OLD SACRAMENTO NORTHERN RR)
Mr. Horstkotte advised the Board Members that Mr. Bohn, Counsel for
the District, has reviewed the contract and found it to be satisfactory.
It was moved by Hember Gibbs, seconded by Member Allan, that the President
and Secretary of the District be authorized to execute the contract accordingly.
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Mitchell, Allan and Rustigian
None
Boneysteele (excused)
5.
REVENUE PROGRAM
Item taken up earlier.
VII.
NEW BUSINESS
1.
CONSENT ITEMS
None.
03
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76
737
2.
ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT AND ADOPTION OF
RESPECTIVE RESOLUTIONS AND AUTHORIZE RECORDING
It was moved by.Member Gibbs, 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 No.
Earl Bethea and John Bethea
C. J. Mannie, et ux
Donald L. Bren Company
2587
2669
2383
7
1
1
RESOLUTION NO. 76-44, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM EARL BETHEA AND JOHN BETHEA, PLEASANT HILL AREA
(JOB NO. 2587 - PARCEL NO.7)
RESOLUTION NO. 76-45, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM C. J. MANNIE, ET UX, PLEASANT HILL AREA
(JOB NO. 2669 - PARCEL NO. l)
RESOLUTION NO. 76-46, A RESOLUTION ACCEPTING AN EASEMENT AT NO COST
TO THE DISTRICT FROM DONALD L. BREN COMPAlfï, WALNUT CREEK AREA
(JOB NO. 2383 - PARCEL NO. l)
Motion carried by the following vote:
AYES:
NOES:
MSENT:
Members:
Members:
Member:
Gibbs, Mitchell, Allan and Rustigian
None
Boneystee1e (excused)
3.
AUTHORIZE EXECUTION OF QUITCLAIM DEED TO DAME' AND BUSBY, A CO-PARTNERSHIP
AND ITS RECORDING AND ADOPTION OF A RESOLUTION
After explanation by Mr. Horstkotte, General Manager-Chief Engineer, it
was moved by Member Mitchell, seconded by Member Gibbs, that the President
and Secretary be authorized to execute and record a Quitclaim Deed to Dame'
and Busby, A Co-Partnership and record same immediately prior to filing of
new subdivision map, and that a resolution be adopted to that effect.
RESOLUTION NO. 7.6-47, A RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM
DEED TO CARL D. DAME' AND JAMES J. BUSBY, A CO-PARTNERSHIP
Motion carried by the following vote:
AYES: Members: Gibbs, l1itchell, Allan and Rustigian
NOES: Members: None
ABSENT: Member: Boneysteele (excused)
4. CONFI RM "AMENDED ASSESSMENT DIAGRAM" AND AUTHORIZE RECORDING OF SAME
It was moved by Member Mitchell, seconded by Member Allan, that confirmation
of the "Amended Assessment Diagram" for the following assessment and the authorization
and recording of said Diagram, be approved:
Original
Assessment No.
Amended Assessment No.
Apportioned Amt.
44-6-7-23
44-6-7-24
$392.88
44-6-7-20
44-6-7-25
785.77
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Hembers:
Members:
Member:
Gibbs, Mitchell, Allan and Rustigian
None
Boneysteele (excused)
03
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738
5.
APPOINTMENT OF FREDERIC HOLBROOK TO ASSISTANT TREATMENT PLANT OPERATOR
RANGE 53A ($1042-$1258) EFFECTIVE 4/l/76
It was moved by Member Mitchell, seconded by Member Gibbs, that
Frederic Holbrook be appointed to the position of Assistant Treatment
Plant Operator, Range 53A ($1042-$1258) effective 4/1/76, and that a
resolution be adopted to that effect.
RESOLUITON NO. 76-48, A RESOLUTION APPOINTING FREDERIC HOLBROOK TO
THE POSITION OF ASSISTANT PLANT OPERATOR
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Mitchell, Allan and Rustigian
None
Boneysteele (excused)
6.
AUTHORIZATION FOR A DISTRICT REPRESENTATIVE TO ATTEND A MAJOR
EQUIPMENT FACTORY WITNESS TEST FOR WATER RECLAMATION PROJECT AT
THE WORTHINGTON FACTORY IN TANEYTOWN, PA
!tt. Horstkotte, General Manager-Chief Engineer, suggested to the Board
that Mr. William C.Da1ton, Deputy General Manager-Chief Engineer, represent
the District at the Witness Tests in Taney town, PA, as he would like to
vacation in that area, at his own expense, between the dates of the tests.
It was moved by Member Gibbs, seconded by Member Allan, that W. C. Dalton
be authorized to attend and represent the District at the Worthington Factory
Witness Test at Taney town, PA, on April 2, April 19, and May 3,1976 and that
transportation and expenses during the tests be approved. Motion carried
by the following vote:
AYES:
NOES: "
ABSENT:
Members:
Members:
Member:
Gibbs, Mitchell, Allan and Rustigian
None
Boneysteele (excused)
7.
AUTHORIZATION FOR 5 DISTRICT PERSONNEL TO ATTEND THE FACTORY TEST FOR
WATER RECLA!1ATION PLANT COMPUTER SYSTEM IN SACRAMENTO ON MARCH 24-25, 1976
After discussion, it was moved by Member Mitchell, seconded by Member
Gibbs, that 5 District personnel and Board Members be authorized to attend
the factory test in Sacramento, California, on March 24-25, 1976. Motion
carried by the following vote:
AYES: Members: Gibbs, Mitchell, Allan and Rustigian
NOES: Members: None
ABSENT: Member: Boneysteele (excused)
8. CLAIM OF $664.42 FROM CORNELIA GALARDO, 771 SOLANA DR., LAFAYETTE
After explanation by Mr. Horstkotte, General Manager-Chief Engineer,
concerning the sewer repair claim, and discussion by Board Members, it was
moved by Member Mitchell, seconded by Member Gibbs, that the Board accept
the staff recommendation for District responsibility and authorize payment
in the amount of $240.35. Motion carried by the following vote:
. AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Mitchell, Allan and Rustigian
None
Boneysteele (excused)
Mr. Horstkotte also mentioned that we will be having a claim from an
overflow in Orinda and referred to Mr. Tony Granzotto, District's Field
Operations Supervisor for further details. !1r. Granzotto explained the
overflow in the Robert Bradfield residence and indicated the claim could
amount to several thousand dollars for the damage.
Mr. Bohn, Counsel for the District, advised that the matter should be
referred to our insurance carrier and advised !1r. Bradfield of this action.
03
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739
9.
ORDINANCE NO. 116, ADOPTING AN ORDINANCE RELATING TO DISTRICT REQUIREMENTS
FOR PROPERTY OWNERS CONSTRUCTING PUBLIC INSTALLATIONS WITH PUBLIC FUNDS
Mr. Horstkotte, General Manager-Chief Engineer, explained that at times
deficiencies occur in construction of public installations by a sewer
contractor. In constructing public installations with private funds, it is
logical that subsequent property owners be given some type of protection.
As a consequence, the developer is required to post a bond, which is the
practice followed by the County.
The County requires an agreement of construction to be accepted for
maintenance by the County. Therefore, the District is proposing to require
the developer to post a bond to secure the agreement, similar to the practice
of the County.
It was moved by Member Mitchell, seconded by Member Allan, that
Ordinance No. 116 relating to District requirements for property owners
constructing public installations with private funds be adopted, shall be
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 be effective
upon expiration of the week of publication.
ORDINANCE NO. 116, AN ORDINANCE RELATING TO DISTRICT REQUIREMENTS
FOR PROPERTY OWNERS CONSTRUCTING PUBLIC INSTALLATIONS WITH PRIVATE
FUNDS
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Allan and Rustigian
None
Boneystee1e (excused)
10.
ADDITIONAL BUSINESS ADDED BY SUPPLEMENTAL AGENDA
None.
11.
INFORMATION
a. Mr. Horstkotte, General Manager-Chief Engineer, directed the Board
Members attention to the final draft of the garbage agreement. The agreement
has not as yet been authorized for execution. Mr. Bohn asked Member Gibbs
if the wording was satisfactory and Member Gibbs replied in the affirmative.
It was noted that the maps, which are part of the agreements, have yet
to be prepared.
VII I.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
a. Mr. Horstkotte requested authorization to close out the following
non-active sewer construction accounts:
Office Site & Survey
Office Bldg. Expansion
DSP 1926
DSP 1957
DSP 1962
DSP 2009
DSP 2l00
DSP 2l21
DSP 2412
DSP 2572
DSP 2574
DSP 26l2
Encasement-Holly Transmission Line
Model of Expanded Treatment Plant
$
445.08
410.81
579.86
1,561.08
932.95
1,299.01
44,913.43
23,582.76
7,227.50
2,511. 23
745. 72
2,055.60
274.00
1,352.16
$87,891.l9
TOTAL
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740
It was moved by Member Mitchell, seconded by Member Gibbs, that staff be
authorized to close out the listed Non-Active Sewer Construction Accounts,
having a surplus totaling $87,891.19 to be returned to Sewer Construction.
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Mitchell, Allan and Rustigian
None
Boneysteele (excused)
b. During certain months of the year, the first Board Meeting falls
too near the first of the month to permit staff to have bill payments
prepared for review by the Expenditure Committee at the first meeting, which
is now necessary to take advantage of discounts for payments by the 10th of
the month. Therefore, Mr. Horstkotte requested approval from the Expenditure
Committee to pay bills by the 10th of the month and have the committee review
them at the second meeting of the month. The Expenditure Committee approved.
c. Mr. Horstkotte mentioned to the Board that payment is being
authorized to Mr. Bohn for his accumulated sick leave with his last pay
check. The balance of the sick leave applied to his retirement longivity.
d. Treatment Plant expansion is proceeding quite well. Negotiations
are in progress on a number of claims. The clearwell of Phase II is being
filled.
President pro tern Rustigian inquired about the methanol tanks and
Mr. Horstkotte replied that Brown and Caldwell has offered their services
to study a method of alternate carbonization. By not denitrifying, the
District will save approximately $500,000 per year.
2.
COUNSEL FOR THE DISTRICT
a. Mr. Bohn advised the Board Members that he has not as yet set
up a date for a solid waste meeting with the City of Pleasant Hill.
b. On March 22, 1976, Mr. Bohn and staff will meet with P.G. & E.
in regard to our gas allotment for the treatment plant.
3.
COMMITTEE
BASSA
Member Gibbs stated that EBMUD passed a resolution opposing AB 304l,
which is a bill establishing ABAG as a control Board for BASSA.
This bill does not give any representation to the special districts,
and gives no recognition to their existance.
It was moved by Member Gibbs, seconded by Member Allan, that a
resolution be adopted opposing AB 3041, for the reason that it omits
special districts from representation on sewer matters.
RESOLUTION NO. 76-49, A RESOLUTION OPPOSING AB 3041
Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Hembers:
Members:
Member:
Gibbs, ~itchell, Allan and Rustigian
None
Boneysteele (excused)
03
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741
b.
PERSONNEL COMMITTEE
Member Allan, Chairman of the Personnel Committee, reviewed the Plant
Attendant classification which has been requested by David G. Niles, Manager,
Plant Operations, and has been approved by the General Manager-Chief Engineer.
Member Allan suggested that in the Class Description, under "Distinguishing
Characteristics," eliminate the last sentence as it is not part of a job
description.
After discussion, it was moved by Member Allan, seconded by Member Mitchell,
to adopt the Class Description for Plant Attendant with the exception of one
sentence. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Mitchell, Allan and Rustigian
None
Boneystee1e (excused)
c. Member Gibbs informed the Board Members that BASSA has authorized a
contribution of $3,375 to the Comprehensive Employment and Training Program,
canceling out the prior commitment of $10,000.
IX.
MATTERS FROM THE FLOOR
a. Member Gibbs requested that a system be set up for recording
attendance at special or committee meetings by Board Members and for
reimbursement/compensation.
It was discussed and decided that a simple form be prepared which
will be filled out by a Board Member and presented for payment.
b. The Contract Committee has scheduled a meeting with the Water
District on March 23, 1976.
c. Member Gibbs stated that he would be unable to attend the ABAG
"208 Planning Seminar," at Davis.
d. Member Allan stated that there will be a meeting of the CASA
Executive Committee in Sacramento on March 26 and that he planned to
attend.
e. Member Mitchell and Member Allan queried staff as to what action
has been taken in hiring a new District Counsel.
At 9:45 P.M., President pro tern Rustigian called a five minute recess.
At 9:53 P.M., President pro tern Rustigian reconvened the meeting.
X.
ADJOURNMENT
At 9:55 P.M., President pro tern Rustigian adjourned the meeting to
April 1, 1976.
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resident pro tern of the Bo rd of Directors
Central Contra Costa Sanitáry District of
Contra Costa County, State of California
COUNTERSIGNED:
. ; -
"'. ~h'"
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,..' '<:¿:4~ði; ~~~----:.
Secre ry of the ßoard of Directors of
Central Contra Costa Sanitary District of
Contra Costa County, State of California
03
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