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HomeMy WebLinkAbout05-02-74 AGENDA BACKUPMINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD APRIL 18, 1974 The District Board of Central Contra Costa Sanitary District convened in a Regular Session at its regular place of meeting located at 1250 Spring - brook Road, Walnut Creek, County of Contra Costa, State of California, on April 18, 1974, at 8:00 o'clock P.M. The meeting was called to order by President Mitchell. I. ROLL CALL PRESENT: Members: Gibbs, Boneysteele, Rustigian, Allan and Mitchell ABSENT: Members: None II. APPROVAL OF MINUTES 1. MINUTES OF,THE MEETING OF APRIL 4. 1974 After comment by Member Boneysteele and discussion, it was moved by Member Allan, seconded by Member Boneysteele, that Minutes of the Meeting of April 4, 1974, be approved after making the following correction: Under "VIII. REPORTS, 4.__ COMMITTEES a. PERSONNEL," delete the penultimate sentence and insert the following: "After discussion, it was moved by Member Allan, seconded by Member Boneysteele, that authorization to advertise and hold examination for two accounting positions (Range 39), one of which to be filled at the present time, be approved." Motion correcting the Minutes of the Meeting of April 4, 1974, carried by unanimous vote. 2. MINUTES OF THE MEETING OF APRIL 11, 1974 After comment by Mr. Bohn, Counsel for the District, it was moved by Member Gibbs, seconded by Member Boneysteele, that the Minutes of the Meeting of .April 11, 1974, be approved after making the following correction: Under "VIII. REPORTS,_2. COUNSEL FOR THE DISTR_ICT," delete the sentence and insert the following: "Mr. Dalton, Deputy General Manager -Chief Engineer, reported that Mr. Bohn, Counsel for the District, was unable to attend this meeting." Motion correcting the Minutes of April 11, 1974, carried by unanimous vote. None. TTI. APPROVAL OF EXPENDITURES IV. HEARINGS 1. PROPOSED t" ONSTRUCTWN OF PIPELINE AND CLEARWELL Mr. Horstkotte, General Manager -Chief Engineer, explained that the proposed clearwell would have a capacity of 30 MGD and that approximately 6500 feet of 42" pipeline would be installed. President Mitchell then opened the hearing on the proposed construction of pipeline and clearwell. After noting that no written correspondence had been received regarding the matter under consideration, President Mitchell asked if there were persons in the audience that wished to address the Board on the matter. One gentlem,aa (name not given) inquired as to the location of the proposed construction. Mr. Horstkotte respon,dad to the inquery utilizing a map. After discussion, wherein Member Rustigian expressed concern that the clearwali should be screened, President Mitchell closed the hearing. None. Mr. Horstkotte stated that no further action was required by the Board. V. BIDS VI. OLD BUSINESS 1. STATUS REPORT, PSA 49, CAMELLIA LANE, LAFAYETTE Mr. Horstkotte, General Manager -Chief Engineer, presented a report on the results of a survey conducted by staff of property owners located in PSA 49. Utilizing maps, he indicated individual property owners expressing approval of the project and those that were opposed. Discussion followed with Mr. Horstkotte explair.A_ng an alternate engineering method to sewer the property owners favoring the project, but that costs for individual owners would increase from an estimated $5,500.00 to $7,000.00. After discussion, staff was requested to conduct a survey of those property owners favoring the project and inform them of the estimated increased cost for the project. No further definitive action was taken by the Board. Item continued. VII. NEW BUSINESS 1. CONSENT ITEMS: a. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT: It was moved by Member Allan, seconded by Member Rustigian, that easements from: Grantor Job No. Parcel No. A. 0. Epps, et ux 2442 1 S. R. Farr, et ux 2287 2 N. T. Walter, et ux 2155 5R-1 be accepted and their recording ordered. Motion carried by unanimous vote. b. CONFIRM "AMENDED ASSESSMENT DIAGRAM(S)" AND AUTHORIZE RECORDING OF SAID DIAGRAMS) It was moved by Member Allan, seconded by Member Rustigian, that authorization of confirmation of the below amended assessment diagram(s) and their recording be approved: Original Assessment No. Amended Assessment No. Apportioned Amt. 42-25-16 42-25-25 $1,042.00 42-25-26 2,084.00 Motion carried by unanimous vote. 2. RATE INCREASE REQUEST BY LAFAYETTE GARBAGE_ DISPOSAL SERVICE, INC., AND STUDY SESSION - Board Members, staff, Mr. Louis Repetto and Mr. Arthur DiGrazia, management of Lafayette Garbage Disposal Service, Inc., and their accountant, Mr. Jack Vernon, conducted a study session wherein they discussed in detail the rate increases requested by Lafayette Garbage and the financial analysis and rate recommendations as prepared by staff. As a result of the study session, wherein comments were exchanged by the participants, staff was requested to provide additional information to the Board concerning comparative costs to lease vehicles vs. cost of ownership. 3 After discussion, it was moved by Member Rustigian, seconded by Member Allan, that a public hearing to consider the garbage rate increases requested by Lafayette Garbage Service be scheduled for the meeting of May 2, 1974, and that such hearing be duly published in local news media. Motion carried by unanimous vote. At 9:18 o'clock, President Mitchell recessed the meeting. At 9:20 o'clock, President Mitchell reconvened the meeting. 3. AUTHORIZE $900.00 FOR DISTRICT OFFICE ALARM SYSTEM CONTRACT After explanation by Mr. Horstkotte, General Manager -Chief Engineer, it was moved by Member Gibbs, seconded by Member Boneysteele, that the General Manager -Chief Engineer be authorized to execute an annual contract with Bay Alarm Company at a cost of $900.00 to provide security for the District's offices and corporate yard. Motion carried by unanimous vote. 4. RESOLUTION No. 74725, A RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION, CONSTRUCTION AND COMPLETION OF CERTAIN PUBLIC IMPROVEMENTS AND AUTHORIZING THE FILING OF CONDEMNATION PROCEEDINGS After explanation by Mr. Horstkotte, General Manager -Chief Engineer, regarding the circumstances and necessity to proceed with condemnation proceedings in the case of Richard A. Bobet, et ux, Job No. 2259, Parcel 8, it was moved by Member Rustigian, seconded by Member Gibbs, that Resolution No. 74-25 be adopted. Motion carried by unanimous vote. 5. RESOLUTION NO. 74-26, A RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION LCONSTRUCTION AND COMPLETION OF CERTAIN PUBLIC IMPROVEMENTS AND AUTHORIZING THE FILING OF CONDEMNATION PROCEEDINGS After explanation by Mr. Horstkotte, General Manager -Chief Engineer, regarding the circumstances and necessity to proceed with condemnation proceedings in the case of Richard L. S. Ring, et ux, Job 2259, Parcel 7, it was moved by Member Rustigian, seconded by Member Gibbs, that Resolution No. 74-26 be adopted. Motion carried by unanimous vote. 6. AUTHORIZE ADDITIONAL $59,000.00 FOR WATERSHED TRUNK PLANNING Mr. Horstkotte, General Manager -Chief Engineer, and Mr. Dalton, Deputy General Manager -Chief Engineer, utilizing maps depicting the location of the affected Watersheds, explained that current studies of selected Watersheds require updating due to recent or pending new developments in the attached areas. Discussion followed wherein staff stated that funds authorized would be recoverable through current Watershed Trunk Charges. After comment by 4 Member Rustigian that the additional funds requested by staff amounted to $66,000.00 for the individual Watersheds vice $59,000.00, it was moved by Member Boneysteele, seconded by Member Gibbs, that authorization of an additional $66,000.00 from the Sewer Construction Fund for Watershed Trunk Planning as depicted below be approved. W%S No. 1974-75 33N $30,000.00 33S 10,000.00 23 & 30 -5,000.00 35N .4,000.00 24S 5,000.00 35S 5,000.00 8 3,000.00 10 4,000.00 Total $66,000.00 Motion carried by unanimous vote. 7. AUTHORIZE $6,550.00 FOR PLANNING SEWER LINE RESTORATION IN SLIDE AREAS After explanation by Mr. Horstkotte, General Manager -Chief Engineer, that staff planning was required for the restoration of eight District Sewer Lines, it was moved by Member Rustigian, seconded by Member Gibbs, that authorization of $6,550.00 from the Sewer Construction Fund for planning sewer line restoration in slide areas be approved. Motion carried by unanimous vote. 8. AUTHORIZE $13,150.00 TO RESTORE SEWER SERVICE, MUTH DRIVE, ORINDA After explanation by Mr. Horstkotte, General Manager -Chief Engineer, that installation of a small pump station was recommended due to high maintenance costs to operate the current temporary sewer system, it was moved by Member Gibbs, seconded by Member Rustigian, that authorization of $13,150.00 from the Sewer Construction Fund to restore sewer service, Muth Drive, Orinda, be approved. Motion carried by unanimous vote. 9. RESOLUTION NO. 74-27, A RESOLUTION APPOINTING BARBARA L. STRONG TO POSITION OF ACCOUNTING ASSISTANT After comment by Member Allan, Chairman of the Personnel Committee, and explanation by Mr. Horstkotte, General Manager -Chief Engineer, it was moved by Member Allan, seconded by Member Boneysteele, that Resolution No. 74-27, appointing Barbara L. Strong to a permanent -intermittent position of Accounting Assistant, (Range 43), be adopted. Motion carried by unanimous vote. 5 10. AUTHORIZE STAFF ATTENDANCE AT CALIFORNIA WATER POLLUTION CONTROL ASSOCIATION CONVENTION, APRIL 24, 1974, SAN JOSE After explanation by Mr. Horstkotte, General Manager -Chief Engineer, it was moved by Member Rustigian, seconded by Member Allan, that eleven staff personnel be authorized to attend the California Water Pollution Control Association Convention, April 24, 1974, in San Jose at a cost of $132.00. Motion carried by unanimous vote. 11. ORDINANCE-96, AN ORDINANCE AMENDING SECTIONS 12-122, 12-123, and 12-124 OF THE CODE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT RELATING TO GARBAGE COLLECTION RATES After explanation by Mr. Horstkotte, General Manager -Chief Engineer, that Ordinance 96 reflected the recent action of the Board in authorizing increased garbage rates for Orinda/Moraga Disposal Service, Inc., it was moved by Member Gibbs, seconded by Member Boneysteele, that Ordinance 96 be adopted and placed in the official files and Ordinances of the District; and further that 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. Motion carried by unanimous vote. 12. AUTHORIZE ACCEPTANCE OF EASEMENT FROM G. A. ROSS ET UX LID 54-2, PARCEL 25. KUSS ROAD AREA. DANVILLE AT A COST OF $531.00 Mr. Horstkotte, General Manager -Chief Engineer, explained that the Board had previously authorized condemnation proceedings in the case of G. A. Ross, et ux, but that an equitable settlement had been obtained and was, therefore, recommended by Mr. Bohn, Counsel for the District. It was then moved by Member Rustigian, seconded by Member Gibbs, Lhat authorization to accept easement from G. A. Ross, et ux, LID 54-2, Parcel 25, at a cost of $531.00 be approved and its recording ordered. Motion carried by unanimous vote. 13. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. 14. INFORMATION a. CORRESPONDENCE DATED APRIL 13,_ 1974, RECEIVED FROM BASSA Board Members noted the correspondence received from BASSA. b. Board Members noted an excerpt of the Minutes of April 1, 1974, of the City Council of Walnut Creek regarding the County Water Quality Control Study. C. VIII. REPORTS 1. GENERAL MANAGER CHIEF ENGINEER a. Mr. Horstkotte reported that the life insurance policy for District employees was now carried by Provident Mutual Life Insurance Company of Philadelphia vice Republican National Life Insurance Company. b. Mr. Horstkotte noted that the California Association of Sanitation Agencies' next quarterly meeting was scheduled for May 3-4, 1974, in San Diego. After discussion regarding those planning to attend, it was moved by Member Boneysteele, seconded by Member Gibbs, that those persons attending the meeting be authorized registration fees, transportation and expenses. Motion carried by unanimous vote. c. After Mr. Horstkotte reported that he would forward to Board Members information regarding a new association formed to serve sanitary agencies, discussion followed regarding CASA, its purpose, and its policy for membership. 2. COUNSEL FOR THE DISTRICT None. 3. SECRETARY a. Mr. Davis reported that Mrs. Dorothea Cady had forwarded a card addressed to the Members of the Board, wherein she expressed her appreciation for the consid- erations extended to her by Board Members while she was an active District employee. b. Mr. Davis reported on recent conversations held with representatives of the City of Walnut Creek and the City of Pleasant Hill regarding the County Water Quality Control Study. Discussion followed. c. Mr. Davis noted receipt of correspondence dated April 15, 1974, from Mt. View Sanitary District wherein acknowledgement was made of receipt of the District's contract proposal to Mt. View Sanitary District. Discussion followed regarding Sanitary District attendance at a Board Meeting scheduled for May 9, 1974, when the contract proposal will be discussed by the Board of Directors, tot. View Sanitary District. 4. COMMITTEES a. PERSONNEL ;Mmber Allan, Chairman of the Personnel Committee, reported that the Committee had met with Mr. Horstkotte, General Manager -Chief Engineer, to review and discuss current and future classifications and positions in the Accounting Division. 7 Discussion followed, wherein comments were exchanged between Board Members and staff and with Mr. Horstkotte requesting authorization to fill immediately the position of Senior Accountant, Range 58. After discussion, it was F..)ved by Member Allan, seconded by Member Boneysteele, that authorization to advertise and hold examination for the position of Senior Accountant, Range 58, be approved. Motion carried by unanimous vote. b. BAY AREA SEWAGE SERVICES AGENCY Member Gibbs, Member of the Executive and Operating Committees, BASSA, reported on recent activities of BASSA with particular reference to EPA guidelines for designation of "208" agencies. Member Gibbs reported that BASSA had been requested to hold a public hearing concerning wastewater management at Stinson Beach, Marin County. President Mitchell reported that arrangements were being made to schedule a meeting of the Contra Costa County Sanitary Districts President's Council. The purpose is to discuss qualified candidates for possible recommendation to fill two Trustee positions of BASSA that currently exist for Contra Costa County. After discussion, it was the consensus of the Board that Central Contra Costa Sanitary District host the President's Council meeting. IX. MATTERS FROM THE FLOOR 1. Mr. Horstkotte, General Manager -Chief Engineer, suggested that the District Budget for Fiscal Year 1974-75, be considered by the Board acting as a "Committee of the Whole." After discussion, wherein Mr. Horstkotte proposed a sequence for consideration of the Budget, it was the consensus of tha Board to schedule the first meeting to consider the Fiscal Year 1974-75 Budget for the Meeting of May 23, 1974. Mr. Horstkotte stated that Department personnel requirements will be made available to Board Members during the week of April 22- 26, 1974. X. ADJOURNMENT At 10:52 o'clock P.M., President Mitchell adjourned the meeting. EXPENDITURES SINCE-APRIL 4, 1974 7 ER AMOUNT NAME DESCRIPTION 18094 $ 218.00 Mr. & Mrs. Michael Malone `'j In full settlement for damage claim 16095 214.00 Robert E. Roney & Beatrice E. Roney Full settlement -easement, LID 54-2 18096 85.20 Long's Drugs Engineering supplies 18097 50.00 Walter Parsons Refund Homeowner's Permit 42993 18098 370.90 Edward W. Leal, Treasurer CCCSD Retirement share for George Riggs 18099 150.00 G. A. Horstkotte, Jr. CWPCA Annual convention, San Jose 18100 165.00 William C. Dalton 18101 165.00 Jack L. Best " 18102 165.00 David Niles 18103 165.00 Robert Hinkson " 18104 15.00 1974 CWPCA San Jose Conference Acct. CWPCA Convention registration, GAH 18105 531.00 George A. Ross, Jr. & Patricia L. Ross Full settlement for easemt. LID 54-2 18106 132.00 Tony Granzotto CWPCA Annual Convention, San Jose 18107 1,000.00 Natkin & Company Refund Contractor's Deposit 18108 11.00 Wm. D. Alstrand, Jr. April Mileage 18109 40.26 Robert L. Elkins " 18110 1.65 E. K. Davis if 18111 3.30 J. E. Eubank 14 18112 12.10 Walt Fox It 18113 4.62 W. W. Gregory " 18114 3.08 Robert Marple " 18115 42.90 William Ramsay 18116 16.72 Aubrey C. Russell 17 2.31 Leonard Wald 18118 3.30 C. B. Webb " 18119 160.24 Wendle L. Whipple " 18120 150.00 J. S. Plourde C.P.A. Consulting services, April, 1974 18121 8.00 Joseph L. Fansler Contribution for Blue Cross Plan 18122 8.00 Harry B. Johnson 18123 4.00 Tom North 18124 124.95 Don_ L. Allan Director's Fees & Mileage 18125 161.16 Parke L. Boneysteele " 18126 168.36 Charles J. Gibbs 18127 162.36 Richard J. Mitchell " 18128 82.64 George A. Rustigian " 18129 24,163.48 Wells Fargo Bank Withheld tax, April, 1974 - Federal 18130 3,587.16 Dept. of Human Resources Developmt. Withheld tax, April, 1974 - State 18131 15,286.43 Public Employees Retirement System - Social Security Contributions, April, 1974 18132. 16,110.00 C.C.Co. Employees' Fed. Credit Union Employee's deposits, April, 1974' 18133 4,594.02 Kaiser Foundation Health Plan, Inc. Kaiser group insurance, May, 1974 .18134 446.49 Kaiser Foundation Health Plan, Inc. Kaiser group ins. -retired, May, 1974 18135 1,279.30 Hospital Service of California Blue Cross Group Insurance, May, 1974 18136 3,309.42 Frank Kelly Associates Group Life & Dental Ins.., CASA group 18137 101.73 The Capitol Life Insurance Co. Life Insurance deductions 18138 11.00 United Crusade April contributions 18139 2,234_00 County Clerk Deposit for condemnation -Longs Drugs 18140 60.00 Walnut Creek Janitorial Service V Office building servicing lc" 41 13.50 Martinez Sanitary Service. Refuse removal, March, 1974 1 2 16.00 Mt. View Garbage Company Refuse removal, April, 1974 18143 85.49 Contra Costa County Water District Tank truck & T.P. water 18144 8,892.40 Pacific Gas & Electric Company Office & Plants, gas & electric 18145 286.35 East Bay Municipal Utility Dist. Tank truck & pump plant water -Z- OVEZ dsQ uo uolqua4aa TPui3 -g-g oq aagsuEaq gDJ121 sazTddns bu-raaauibua bu-rssoaoaapun d tAlg5Tg a4Pgs-9#'� d ds,gs 'T asPgd-TODH a94PM-L#-4uId 'bond gsPo Agqad osanc[wTaa oy TauuPgo TPub-[s 'sauogd S4uuTd Q aozJJO Te-4oy qnS 60'TW 69£'T$ sazaPTPS &saadoTdula 6T'ZZ6'68 •ouI 'uosPuiogy .0 'M .Q.S.O.O.0 uosugo£ •v pzAPQ uosdutis-uosaagad uosdiuzS-uosaagad £9'vII'T %8'L89'OZ 90"9 00'TOZ'SZT 00' i,Z6' SVO' T VL9' i, -6fiiS't, L£TZ 9£TZ S£TZ V£TZ ££IZ Os gsPO Ag49d 8Q'6Z£ LVIBI -00 gdPzbalay �? auogdoTal oz;zoPd L8'T£6 $ 9VTBT Md AIOIZdIuDsaa awvm INiIOWV 2ISI DIIOA VOUCHER RE 18148 $ 18149 18150 18151 18152 18153 18154 18155 18156 18157 18158 18159 18160 18161 18162 18163 18164 18165 18166 18167 18168 18169 18170 18171 18172 18173 18174 18175 18176 18177 18178 18179 18180 18181 18182 18183 18184 18185 18186 18187 18188 18189 18190 18191 18192 18193 18194 .8195 -8196 AMOUNT 3.75 20.46 2.41 54.15 42.60 58.03 75.00 12.90 119.54 101.18 138.69 478.66 25.68 391.51 63.00 164.47 140.15 566.50 126.51 118.93 225.86 23.21 214.37 88.97 226.33 29.77 1,084.20 5,146.99 26.84 333.93 32.91 124.02 25.00 17.54 285.46 82.41 49.04 169.62 31.27 84.02 21.25 285.00 5.33 33.99 390.13 80.18 50.93 VOID 176.15 EXPENDITURES FOR APPROVAL, MAY 2, 1974 NAME Acme Fill Corporation J Acme Press Alhambra National Water Co., Inc. Answering Bureau of Walnut Creek v Automotive Testing Equipment Bancroft - Whitney Co. Beckman Instruments, Inc. Bureau of Business Practice C & R Tire Co. State of California Calou's Linen Service Career Apparel Leasing Carroll -Oliver Assocs. Certified Garment & Towel Supply The Construction Specs. Institute Contra Costa Automotive Parts Co.%/ Contra Costa Stationers Contra Costa Times E. C. Cooley Co. Alf Dahl Automotive Parts J Daigger & Co. Dalziel Supply Co. Diamond K Supply Co. w Dietzgen Corporation The Flasher Co. General Office Equipment Co. General Plumbing Supply I/ Georgia Pacific Corporation International Bus. Machines Corp. Ingersoll-Rand Co. J & B Publishing J-M Squared Equipment E. D. Jones & Co., Inc. Kaiser Sand and Gravel J King Bearing, Inc. Lone Star Industries, Inc. �[ Lustra Lighting Corporation Martinez Petroleum, Inc. McGregor & Werner, Inc. Michael's of San Francisco Miilu & MacPherson Tire Co..� Mine Safety Appliances Company �f Modern Mower Company Morgan Graphic Supply National Chemsearch J Newell House Restaurant PBM Supply Pacific Resources Aerial Survey $12,048.84 Sub Total DESCRIPTION Dumping Charge j Engineering Supplies Mtce. supplies Answering Service Pump Sta. West, Operating Supplies Office Expense T.P. Repair & Mtce. General Mtce. supplies Repair & Mtce. Vehicles & Equipmt. Office Expense Pump Plant Laundry Service Pump & Plant Laundry Service Repair & Mtce. General T.P. J Mtce. Laundry Service Engr. Membership Vehicle Mtce. & Repair Office Expense & Operating supplies Publish Ord. 96 & Notice of Pub. Heari: Pump Plant Repair & Mtce. Vehicle Repair parts & supplies T.P. Operating supplies i. Mtce. of Mains Engr. supplies Mtce. Operating Supplies Office Expense Sewers, Operating supplies T.P. Operating supplies Office supplies T.P. Repair & Mtce. Engr. Office Expense T.P. Repair & Maintence Admin. Repair & Mtce. Mtce. of Mains Pump Sta. Repair & Mtce. Trunk Sewers -Operating supplies Admin. Office supplies T.P.- Gas & Supplies for Plant & Mtce. Engr. Office Expansion Engr. Office Expense Vehicle Maintenance P.P. Operating supplies Repair & Mtce. of Equipment Office Expense Operating supplies Meeting Operating supplies Engr. Office Expense -3- VOUCHER RE 18197 $ 18198 18199 18200 18201 18202 18203 18204 18205 18206 18207 18208 18209 18210 18211 18212 18213 18214 18215 18216 18217 18218 18219 18220 SC 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 LID 50 Ck.#201 AMOUNT 4.26 69.41 5.77 6.99 2.99 24.00 126.63 887.90 10.22 41.11 1,846.46 VOID 223.48 22.88 104.99 4.03 36.90 16.03 63.90 390.60 10.83 676.17 393.18 6.00 11,167.73 73,648.81 53.43 82.95 36.12 206.00 11.82 1,200.00 51.26 51.44 96.92 585.97 278.92 15.90 55.73 NAME - / Parker Robb Chevrolet f/ Pillsbury's Office Products Pitney -Bowes Prather Ford Tractor Photo Center Noyes Data Corporation Roto-Rooter Sewer Service Standard Oil Company Transport Clearings 1 Trident Supply, Inc. J Union Oil I/ Waukesha Engine Service Center, Gestetner Corporation Gray Supply Company Radio Shack Ransome Company / Rix Equipment Company .l Servisoft Sun Valley Lumber Company System 99 Zelierbach Paper Company Xerox Corporation Ingersoll-Rand Company DESCRIPTION Vehicle Repair Office supplies Servicing of Postage Meter T.P. Repairs & Mtce. T.P_ Operating supplies Office expense T.P. Repair & Mtce. Pump Plant Fuel Pump Station Repair Operating supplies Gasoline Inc. T.P. Repair & Mtce. Engr. Office Expense T.P. Operating supplies Engr. Operating supplies Operating supplies Equipment supplies & repair Operating supplies tl Freight Charges Office Expense [1 T.P. Repairs & Mtce. Bechtel Incorporated T.P. Phase II Engr. Brown & Caldwell T.P. Constr., B & C Design Consolidated Electrical Dist., Inc. Cathodic Protection, LID 50 Contra Costa Times T.P. Expansion, Clearwell General Plumbing Supply Company Cathodic Protection, LID 50 Harding -Lawson Associates T.P. Expansion, Bechtel Dave Johnson Cath. Protect -LID 50 & Misc. supplies Lampman & Associates Infiltration Inflow Study Burton H. Marliave Slides, Sewer Line Restoration Robbins & Meyers On -Site Testing Project Steve Stone's Photography T.P. Construction Fred P. Terry Cathodic Protection, LID 50 Walnut Creek Sheet Metal & Furn.Co.1 T.P. Construction Western Carloading Company Watershed C-1 Xerox Corporation T.P. Construction 699.18 Wilson, Jones, Morton & Lynch Bal. Due Legal Services -LID 50 $ 93,216.91 Sub Total 12,048.84 Forward Page 3 1,369,191.09 Forward Page 2 $1,474,456.84 TOTAL -4- APPROVED: EXPENDITURE C0101MITTEE Date Approved May 2, 1974 SUBMITTED AND APPROVED -5- � 9TA�� '7 5 / 2 / / 4 VICTOR W. SAUER Ex-Officio Chief Engineer -009D CONTROL ::.r'� J. E. TAYLOR, Daput♦ Chief Engineer r .: 4i 255 Glacier Drive, Martinez, Calif. 94553 '7 7 2_8-8_ Telephone 00 April 25, 1974 Central Contra Costa Sanitary District P.O. Box 5266- Walnut Creek, California 94597 Attention: G. A. Horstkotte, Jr. Re: Larwin Pump Station Environmental Impact Report Gentlemen: Our technical staff has reviewed the report received April 12, 1974, and has the following comments: 1. On page ll,the reference to perennial streams draining the up slope areas is incorrect. By definition "intermittant" would be more descriptive. 2. On page 16,the statement that the completion of the lift station would in- duce indirect, secondary impacts in hydrology and drainage should be el>plained in greater detail. 3, On page 3, the report states that the force main "will be located east of the creek." The force main may have to cross South San Ramon Creek.' It is not known if the main will be installed under the creek or be spanned across the creek at this crossing. Spanning the main will expose the line and may be sub- ject to external forces due to creek floras. Pipe lines located in design water way areas of drainage channels are unacceptable to this office. Very truly yours, y ; ; ` Victor W. Sauer Ex-Officio Chief Engineer By T. E. Burlingame Assistant Public Works Director Flood Control Planning .60 f?rTi; t r._ac:cd Cate W I IV. Hearin s . 2 5/2/74 April 29, 1974 MEMORANDUM FOR: THE HONORABLE MEMBERS OF THE BOARD OF DIRECTORS VIA: G. A. Horstkotte, Jr., General Manager -Chief Engineer SUBJECT: GARBAGE RATES, LAFAYETTE GARBAGE DISPOSAL SERVICE, INC. 1. In accordance with the request of the Board, below is a summary of current,requested and staff recommendations for garbage rates for Lafayette Garbage Disposal. Staff Co. Requested Co. % Recommended Staff Type of Service Present Rate Rate Increase Rate Increase - ---- . � b-- ---- trimmings 3.75 4.25 13% 4.20 12% Each add'l can .regular service 1.90 2.00 5% 2.15 13% Each add'1 can non -regular .95 1.20 26% 1.05 11% Multi -Family Each Apt. Unit lst collection 3.00 3.50 17% 3.35 12% Each add'l collection .50 .70 40% .55 10% Commercial 1 can 4.40 4.90 11% 4.95 12% Each add'l can 1.70 2.00 18% 1.90 12% regular service Bulk - per cu. yd. pickup 3.00 3.50 17% 3.35 12% -2- Co. Requested Co. Type of Service Present Rate Rate _ _ Increase Minimum Rates for special collections 5.15 6.50 26% Maximum Rates for special conditions 5.15 6.00 17% APPROVED: G. A Horstkotte, Jr General Manager -Chief Engineer t/ EKD: jv Staff Recommended Staff Rate Increase Respectfully submitted, E. K. Davis Secretary 5.80 13% 5.80 13% DRAFT 4-I 74 VI. Old Bus. 1 May 2, 197� SCHEDULE FOR CONCORD TREATMENT PLANT CONSOLIDATION WIT3f CENTRAL CONTRA COSTA SANITARY DISTRICT' STEPS IN THE PROCESS COMPLETE BY 1. Prepare proposal to present to CCCSD 4-26�74 i 2. Present proposal to CCCSD 4-2974 3. Meet and discuss and arrive at staff concensus 6-1-74 4. Get Board and Council approval i 6-10`74 5, Prepare financial plan 7-1074 i " 6. Council action for election 8-12-74 7. Election lI-5�74 8. Call for bids for Treatment Plant" 6-11474 or 11-6-74 9. Award contract 7-11-74 or 12-6-74 10. Start construction 8-6-74 or 3-1-75 11. Complete construction 8-1-or 3-1-t6 12. Operate Pump Station and Treatment Plant 1-1- 13. Operate Pump Station only 1-1-77 i i F f i 4 CONTROLLED BY City City CCCSD u City CCCSD & City City City City City City City City City CCCSD VII New Bus.. Item 2 5/2/74 May 2, 1974 MEMORANDUM FOR., HONORABLE ME11BERS OF THE BOARD OF DIRECTORS FROM: G. A. Horstkotte, Jr., General Manager -Chief Engineer SUBJECT: VII NEW BUSINESS, ITEM 2, PERSONNEL RECLASSIFICATION FISCAL 1974-75 BUDGET (SUPPLEMENTAL INFORMATION) With -reference to the above item I am submitting the following additional information: Referring to my memorandum "Authorization To Establish New Classification For Secretarial Division", attached are job descriptions for the positions of Secretary (Exhibit G), and Intermediate Secretary (Exhibit H). As mentioned in this memo, the Administrative Secretary has been designated as supervisor for the Secretarial Division. I have rewritten the Job Description for Administrative Secretary (dated May, 1974, Range 51 $959-1165) to include the additional duties and responsibilities for the new supervisory classification. I prefer to keep the same title of Administrative Secretary for this position and establish the Range of 51. At the April 18th Board Meeting we were authorized to hold examinations and establish Eligible List for Senior Accountant, Range 58 $1137-1383 without having a Resolution to establish this position. I have attached the new job description for this position of Senior Accountant for your consideration and request adoption of the necessary Resolution. Respectfully submitted, G. A'. Horstkotte, Jr General;Manager--Chief Engineer GAH:sf Attachments: Exhibit G - Secretary job description " H - Intermediate Secretary job description if I - Administrative Secretary (May, 1974) job description if K - Senior Accountant job description Exhibit G Central Contra Costa Sanitary District S ECRETARtY 9EFINITION 1:1ay 1974 Under general supervision, to perform a variety of stenographic, clerical, accounting and secretarial duties of a difficult and responsible nature; to receive and route telephone calls, greet and assist callers, and take and relay messages; and to do related work as required. EXAMPLES OF DUTIES Serves as secretary to management personnel; takes and transcribes a variety of dictation, including letters, memorandums, reports, position papers, legal descriptions; composes routine correspondence; operates a variety of office equipment, such as typewriters,adding machines and copy machines; reviews time cards for completeness; handles purchase orders and procedures; maintains a variety of files and records; sets up office procedures and filing systems; responsible for office supplies; operates a telephone switchboard and receives and routes calls; greets callers, provides basic information and directs them to appropriate District personnel and departments; takes and relays messages; receives and routes mail; assembles and prepares material for meetings; nails out meeting notices, letters and other material; keeps Board meeting Minute Book up-to-date and maintains the index of Board Resolutions; performs a variety of other stenographic, and general clerical and typing work. DESIRABLE QUALIFICATIONS Knowledge of : Purposes, organization, functions, policies and procedures of the Central Contra Costa Sanitary District; Office procedures and equipment, including specialized equipment as the radio system, filing systems, receptionist and telephone techniques, and letter and report writing; English usage, vocabulary, spelling, grammar, punctuation and arithmetic; and Ability to: Perform a wide variety of difficult and responsible clerical and secretarial Mork; Compile and maintain accurate and complete records and reports; Type at a speed of 45 words per minute from clear copy; -z- Take dictation at a speed of 90 words a minute and transcribe it accurately; Operate a telephone switchboard, receive and route calls, and C. and effectively assist callers at the District office; Understand and carry out oral and written directions; Establish and maintain cooperative relations with those con- tacted in the course of work; and Experience: Four years of increasingly responsible stenographic and clerical experience, at least eighteen months of which involved responsible secretarial experience. Education: Equal to completion of two years business college. (Additional qualifying experience may be substituted for the required education on a year -for -year basis.) Zxnloie n I Central Contra Costa Sanitary District Ilay 1974 t INTEIuNiEDIATE SECRETARY DEFINITION Under supervision, to perform a variety of routine -typing, stenographic and clerical work; to receive and route telephone calls, greet and assist callers, and take and relay messages;. and to do related work as required. EXANTLES OF DUTIES Takes and.transcrbes dictation; types letters, notices, resolutions, legal descriptions, general statistical information and data, and other materials; operates a telephone switchboard; receives and routes calls; acts as receptionist; greets callers at the District office, provides basic information, and directs them to appropriate District personnel and departments; takes and relays messages; performs a variety of other routine typing and clerical work as required. DESIRABLE QUALIFICATIONS Knowledge of: English grammar, spelling,.punctuation, and vocabulary; Office methods and procedures, including telephone and receptionist techniques. and Ability to: Take dictation at a speed of not less than 90 words per minute and transcribe it accurately; Type at a speed of not less than 45 words per minute from clear copy; Operate a telephone switchboard, receive and route calls, and greet and effectively assist callers at the District office; Understand and carry out oral and written directions; Establish and maintain cooperative relationships with those contacted in the course of work. and Experience: One year of general typing and clerical experience, preferably including work involving contact with the general public. Education: Equivalent to completion of the twelfth grade. Exhibit I Central Contra Costa Sanitary District May 1974 ADNtIiYISTRA.TIV"E SECDETAIRY DEF INITIOCT Under general supervision, to serve as secretary to the District's General Manager -Chief Engineer; to attend to a variety of secretarial and administrative detail; to supervise, coordinate and direct the District's Secretarial Division who provide reproduction, filing, typing, stenographic and. general clerical duties; and to do related work .as required. F_)W4PLES OF DUTIES Serves as secretary to the General Manager -Chief Engineer; takes and transcribes a variety of dictation including letters, memorandums, reports, and speeches; receives, screens, and places telephone calls greets and assists callers and refers them to the General Manager -Chief Engineer or other staff members; answers questions and provides information on District policies, procedures, and activities; resolves problems and complaints or refers them to an appropriate staff member; as directed, independently com- poses replies to correspondence; maintains the General Manager -Chief Engineer's appointment calendar.; maintains administrative and confidential files; -makes meeting, travel, and conference arrangements including hotel, travel, and restaurant reservations; attends to a variety of administrative detail for the General Manager -Chief Engineer and performs a variety of other secretarial and general clerical work. maintains payroll, personnel, vacation, sick leave, and overtime records; assists in administering the salary plan by notifying department. heads regarding employee eligibility for step advancement and adjusting payroll records to reflect approved salary changes; computes and prepares quarterly sewer service charge billings; prepares special service .charge billing (every 4 months); supervises, coordinates and directs the work of the District's secretarial division; establishes and maintains office standards for quality and quantity of work; assigns priorities to pro- jects and.work requests, and coordinates the flow of work with other. departments and divisions; cooperates with other departments and divisions in securing maximum overall efficiency and public relations. DESIRABLE QUALIFICATIONS Knowledge of: Purposes, organization, functions, policies, and procedures of the Central Contra Costa Sanitary District; Office procedures and equipment, including filing systems, receptionist and telephone techniques, and business letter and report writing; -2- Modern principles and procedures of office administration, _. .including techniques required to organize and schedule work flow; English usage, vocabulary, ulary, spelling, graujjnar, punctuation, and arithmetic; and Ability to: Explain, interpret, and apply policies, laws, and rules re- lating to the Central Contra'Costa Sanitary District; Perform a wide variety of difficult and responsible clerical and secretarial work; Relieve the General Manager -Chief Engineer of technical and routine administrative details; To compose routine correspondence from brief oral instructions; To deal tactfully with the public with poise and effectiveness as a representative of the General Manager -Chief Engineer; Maintain accurate and complete records and reports; Type at a speed of SO words per minute from clear copy; Take dictation at a speed of 110 words per minute and trans-. cribe it accurately; Understand and carry out oral and written directions; Supervise the work of the secretarial division; Plan, organize, assign, review the work of the secretarial division; Establish and maintain cooperative relationships with those contacted in the course of work. and Experience: Five years of increasingly responsible stenographic and secretarial experience, preferably including previous experience in the Central Contra Costa Sanitary District. and Education: Equivalent to completion of two years of business college. (Additional qualifying experience may be substituted for up to two years of the desired education on a year -for -year basis.) Central Contra Cost--'•anitary District April 1974 Exhibit K. SENIOR ACCOUNTANT DEFTNITIO1\i Under general supervision, to perform professional accounting: work of average difficulty in the establishment, revision, and -maintenance of District financial accounts and records; to assist in the preparation of financial reports and analyses; and to do related work as required. EXAMPLES OF DUTIES Performs professional accounting work of average difficulty in the establishment, revision, and.maintenance.of District financial records and accounts; reviews and analyzes accounting operations and systems and, as necessary, implements new or revised accounting systems and procedures; assists in compiling financial data and in the preparation of financial reports and analyses; supervises and personally performs a variety of account record keeping and billing work, including the maintenance of journals, general and subsidiary ledgers, and. the operation of billing and other bookkeeping machines; prepares a wide variety of journal entries dealing with payroll, accounts payable and receivable, investments, fund transfers, services, corrections and other matters; prepares claims for reimbursements from Federal and State agencies for various programs; assists in the establishment and maintenance of records of contracts, insurance, and inventories; supervises and participates in the preparation of the District payroll and in the processing of accounts receivable and payable; assists in the compilation of the District budget and in the development of revenue and expenditure projections; as assigned, performs a variety of special projects dealing with District accounting and budgeting activities. DESIRABLE QUALIFICATIONS Knowledge of: Accounting principles and procedures and their application; Municipal accounting and budgeting; Office methods and procedures. and Ability to: Apply sound accounting procedures to facilitate fiscal control and analysis; Understand and apply pertinent laws., rules, and regulations; Analyze financial systems, operations, and data ar_d develop effective conclusions and courses of action; Speak and write effectively; Establish and maintain cooperative relationships with those contacted in the course of work. and Senior Accountant - 2 Experience: Wo years of increasingly responsible professional accounting experience in a municipal setting. and Education: Equivalent to graduation from an accredited college or university with a major in accounting. (Possession of a certified public accountant certificate may be substituted for the required college education.) r - rD rt :wE � CO iD It - A Cl -1 dd ell rr 1 I' i�{� j I � �! i i �'� i f �� j j j �� 1 i F �k c ---- Fi- j i i � lii�I ; ±,-T.W.& Q.s !j I j O'D P—P --N Co. I f a3 o ccu 71� May 1, 1974 MEMORANDUM TO: G. A. Horstkotte, Jr., General Manager -Chief Engineer FROM: D. G. Niles, Project Manager, Water Reclamation Project SUBJECT: WATER RECLAMATION PROJECT, STAGE II, CLEARWELL The Division of Water Quality for the State of California has provided conceptual approval for Stage II of the C. C. C. S. D. W. R. P. One of the requirements for certification and funding of this project is the approval of supervision of dams for clearwell levees. An application to the California State Division of Safety has been prepared for approval of the Clearwell. This application requires that the permit fee, based on estimated clearwall cost, accompany the application. A breakdoidm of this fee is as follows: Estimated Clearwell Cost - $3,094,000. Fee First $100,000. x .03 = $ 3,000. Next 400,000. x .015 = 6,000. Next 500,000. x .01 = 5,000. Remaining 2,094,000. x .004 = 8,376. $22,376. It is requested that -the sum of $22,376. be authorized for payment to the California State Division of Safety_ D. G. Niles Project Manager DGN:mg Water Reclamation Project wing C-7 C-8 C-9 C-10 C-11 C-12 C-13 C-14 C-17 C-18 C-20 P-1 P-2 M-1, E 1 CENTRAL CONTRA COSTA SANITARY DISTRICT CLEARWELL ESTIMATE FOR STATE DIVISION OF SAFETY OF DAbIS DescriRtion Total Cost Liner, Misc. Metal and Painting $ 350,934 General Excavation 126,000 241,500 211,200 13,530 3,750 5,170 6,650 13,200 51,200 31,050 96,800 9,453 12,4BO 69,000 8,800 13,040 28,000 89,300 57,600 165,800 270 10,260 0 17,280 6,386 360 2,106 56,400 1,697,519 Distributable Costs 2.1% 35,481 1,733,000 Contingency 10% 173,000 1,906,000 Contractor's O H and Fee 15% 286,000 2,192,000 Bonds, Permits, etc. 1% 22,000 2,214,000 Escalation 11/72 to 6/75 = 2.58 Yrs. @10% = 25.8% 571,000 Construction 9/l/74 to 2/28/76 = 18 mos. 2,785,000 Engineering 6.1% x 2,785,000 169,885 Construction Management 5% x 2,785,000 139,250 TOTAL 3,094,000 f shed. As soon as D_L_. possible after the completion of the tnerershall nber enlargement of the dam or reservoir, and all items filed with the department a record of any on which may be of permanent value and have a beating in the safety of the dam or reservoir; provided, connection with the enlargement of ao only to th�enewir, the supplementary matter need apply Lode) work. (Sections 6350 and 6351, 315• payment of a filing fee is required by Se 00 of the Water Code. ct on 3 (a) Amount of Fee. The application for a new dam and reservoir or enlargement shall set forth the ,estimated cost of the dam and filingreseryfee°basedaupon ethe ^nd shall be accompanied by a f-lin�, o schedule: timated cost and according to the followin„ (1) For the firEt one hundred thousand dollars ($100,000) a fee of three percent of the estimated cost. ed houand dollars)For $400t000)he patfeeuofhonerandtoneshaif ( percent. 3 For tnext five hundred sand dollars)($aOO000)afeeofonepercent (4) For all costs in excess of one million dollars ($1,000,000) a fee of two -fifths of one percent. In no case, however, shall the minimum fee -be less than one hundred dollars ($100). Is ♦; V I I. New Bus in es s 5 5/2/74 April 23, 1974 ME1,10RANDUM FOR: THE HONORABLE MEMBERS OF THE BOARD OF DIRECTORS VIA: G. A. Horstkotte, Jr., General Manager -Chief Engineer SUBJECT: AUTHORIZATION FOR ATTENDANCE BY FIFTEEN DISTRICT PERSONNEL TO ATTEND SAFETY CONFERENCE AT A COST OF $90.00. The sixth annual Contra Costa Area Safety Conference will be held May 8, 1974 at the Concord Inn. This year's conference will highlight recent developments in the California. "OSHA" program and will include such topics as: "Confined Space Entry"; "Medical Handling of Emergencies"; and "Fire Protection in Industry", all of which should be of immediate benefit to the District and its personnel. I therefore request registration fees of $6.00 each for 15 employees from Maintenance, Treatment Plant and Engineering Department. Respectfully submitted, Robert H. Hinkson Manager, Maintenance Department Recommendation Approved: G. A/. Horstkotte, Jr� ` General Manager -Chief Engineer s RHH:yb VII. New Business 7. 5/2/7i April 29, 1974 MEMORAl"MUM FOR: THE HONORABLE 2-fEMBERS OF THE BOARD OF DIRECTORS FROM: G. A. Horstkotte, Jr., General Manager -Chief Engineer SUBJECT: CALIFORNIA ASSOCIATION OF RECLAMATION ENTITIES OF WATER (WATERCARE) 1. BACKGROUTD: Per the discussion at the meeting of April 18, 1974, attached is definitive information concerning the newly organized California Association of Reclamation Entities of Water (Watercare). 2. REMxMENDATION: That the Board give positive consideration for membership in the California Association of Reclamation Entities of Water (Watercare) as a general member at an annual cost of $500. This recommendation would in no way jeopardize the District's current membership in the California Association of. Sanitation Agencies. Respectfully submitted, G. Horstkotte, J . General anager-Chief gineer Office of Secretary Manager March 21, 1974 PA 77 q� L3 Ed yr. k n ,p 7 -�i ti. aa. T. i ORANGE COUNTY WATER DISTRICT 10500 ELLIS AVENUE - P.O. BOX 8300 FOUNTAIN VALLEY, CALIFORNIA 92708 TELEPHONE (714) 963-5661 / 556-8260 Mr. Gary Horskotte, General Manager Central Contra Costa County Sanitation District 1250 Springbrook Road Walnut Creek, .CA 94596 Dear Mr. Horskotte: I would like to call to your attention the formation of the California Association of Reclamation Entities of Water (WATERCARE), the objectives of which are to provide a.forum and assistance ,.program for those agencies interested in reclamation and reuse and other conservation measures to extend the.community water supplies A copy of the Constitution and of the Minutes of the organizational meeting held January'18, 1974, together with a current membership .list and a membership application are enclosed. Our last meeting was held March 1, and a copy of the Minutes of that meeting, as well as the Bylaws and Articles of Incorporation as a nonprofit corporation will be available shortly. Full membership in the Association is limited to public agencies in California that.are.active in the water supply, sewage disposal, and reclamation and reuse fields. There are also available Associate Memberships which allow any person or.organization to join if they have an active interest in the objectives and purposes of the Association. Our next meeting is April 24, cordially invite you or your meeting. In the meantime, we Sincerely yours, /J Q 04`1 Neil M. Cline Secretary, WATERCARE Enclosures to be held in Sacramento. . We representatives to be present at that will be glad to answer any questions. O A i CALIFORNIA ASSOCIATION OF RECLAMATION ENTITIES OF WATER (WATERCARE) MEMBERSHIP APPLICATION. Gentlemen: Acknowledging the urgent need for advancing efforts in making use of technology and imagination to resolve water quality problems in the State of California, please find enclosed our check for $ , annual dues for participation in the CALIFORNIA ASSOCIATION OF RECLAMATION ENTITIES OF WATER (WATERCARE) as: [ ] General Member Name (Firm, Agency, I j ] Associate Member victua Name (Firm or Agency Representative) Address Telephone ANNUAL DUES SCHEDULE (Initial Dues Extend to June 30, 1975) GENERAL MEMBER $50.0.00 per year Governmental Agencies Water Districts and Organizations ASSOCIATE MEMBER $ 15.00 per year Consultants Private Individuals COMMITTEE PREFERENCE [ ] Research Evaluation { ] Reports and Publications [ } Legislative [ J Membership [ J Program [_ J Public Relations CONSTITUTION OF THE CALIFORNIA ASSOCIATION OF RECLAMATION ENTITIES OF WATER Section 1 Name Section 2 (WATERCARE) APIPTrT.r. T NAME AND COMPOSITION The -name of this Association shall be "The California Association of Reclamation Entities of Water..". (WATERCARE) Membership The membership of the Association shall be in two classes, Members and Associates. A. Members Public entities organized under the laws of the State of California, including departments of California municipalities, engaged in or empowered to engage in (1) reclamation of water, (2 ) employment . of desalination or other advanced water science in public water supply, (3) conjunctive use of surface and groundwaters, (4 ) conjoined management of water.supply and water quality, and/or (5) disposal of agricultural drainage or municipal sewage, whether or not such waters are -to be reused, are eligible to become members of the Association, provided the agency or department so qualified is empowered to act jointly or cooperate with other entities for any of the.purposes of this Association.. B. Associates Universities and schools, departments of state, county and local governments which are not qualified to.become members of the Association, consultants, organizations., firms and individuals who are interested in the object- ives and purposes of the.Association may, upon approval of the Board of Directors and the payments of the current dues established by the Board of Directors, be enrolled.as Associates of the Association. C. Obligations, Rights and Privileces The obligations, rights and privileges of Members and Associates shall be as hereinafter set forth in this constitution and as elaborated in the Bylaws. Members and Associates in good standing may attend the Annual General Meetings and participate in the general affairs of the Association. D. Charter Members Members who enroll at the organization meeting or prior to adjournment of the first Annual General Meeting of the Association shall have the privileges of Charter Members. Members ingood standing shall be all Charter Members and Members whose dues and assessments are not delinquent at the convening of the Annual General.. Meeting. Payment in full of arrearages and discharge ---of-other accrued obligations to the Association shall immediately return any delinquent member to good standing. E. Eli ibilit for Elections Charter Members are eligible for election to the offices of the Association at the organization meeting and the First Annual General Meeting. Thereafter, any Member in -.good standing shall be eligible for election. F. Eligibility to Vote Each member in good standing may -cast one vote (a) in any Association election, and (b)-on each motion, duly made and seconded, at any business.or Annual General Meeting of the Association. G. Representatives and Alternates Each Member shall choose and.designate in writing a Representative, and as many Alternates, in designated numerical order, as he desires, to be accredited to the Association. Thereafter, until the Member notifies the Association of .the disqualification or replacement of his Representative or Alternates, the Representative, or in his stead, the Representative's Alternates, each in his designated order, shall exercise all of the Member's rights and privileges .in the Association and may serve on committees of the Association. H. Associates .on Coimnittees Associates in good standing may serve on and participate fully in the work of committees of the Association: Associates in good standing are those whose dues are �A not delinquent at the time of the convening of the Annual, General Meeting of the Association. Payment of all arrearages shall immediately return an Associate- --- to good standing. I. Delegates An organization, of whatever type, which becomes an Associate shall designate in writing a Delegate of its own choosing to the Association, and, thereafter, until the organization designates a successor in writing, the Delegate shall exercise all of the rights and privileges of the Associate in the Association. J.:. Applicants 1. Applicants seeking to become Members shall demon- strate their -qualifications to the Board.of Directors, and upon payment of all current dues and assessments shall be enrolled in the Association. 2. Applicants !seeking to become Associates shall be obliged to state to the Board of Directors the basis of their interest in the,purposes of the Association, and upon approval of the Board and payment of current dues shall be enrolled as Associates of the' Association. ARTICLE II 'OBJECTIVES AND PURPOSES Section 1 Objectives The objectives of the Association are to improve and extend the uses of community water supplies; to conserve and render safe and wholesome waters of the State of California; to.. test and prove the efficacy, or -lack thereof, of water reclamation and reuse; to test methods of application of the advanced water sciences to the improvement of community water supplies; and to increase public understanding of all associated water problems and their solutions. Section 2 Purposes The purposes of the Association are to sponsor investiga- tions-, studies and research into water reclamation and reuse; to conduct or to coordinate such investigations, studies and research by Members and Associates of the Association; to sponsor and to coordinate such studies by " Joint -Powers Organizations or by jointly -funded cooperative 3 groups of Members of the Association; to cooperate with and join others in activities similar to those of the Association; to promote the application of advanced water sciences appropriately to the improvement and extension of community water supplies, or, specifically, to the improve- ment and extension of the supplies of Members of the Association; and to develop public knowledge of an interest in the problems and their solutions related to the improve- ment of public water supplies generally and specifically to the water services of the Members. The Associationshall hold -central among its purposes, but without diminishing others, the function of financing studies, investigations and research aligned with the objectives of the Association and coordinated with the programs sponsored by the Association. The Association shall seek to qualify itself, its Members and any Joint -Powers or cooperative joint -funding groupings of its Members that is.sponsored by .the Association to apply for, to receive, to administer, to expend and to account for grant funds -or appropriations, matching or otherwise, from Federal,.State or other sources to conduct such studies, investigations and research.. -ti Section 1 Functions ARTICLE III BOARD OF DIRECTORS A. The affairs of the Association shall be managed by a Board of Directors. B. The Board may enact Bylaws by two-thirds majority vote. Bylaws shall not be inconsistent with this Constitution. C. The Board will consider and act on applications for membership, including those of Associates. D. The Board shall establish.coordination-of all inves- tigations, studies and research to be conducted by the Association, or to be -sponsored by it. Investigations, studies and research may be proposed by any Member and all such proposals shall be duly considered by the• -Board. sponsorship may be withheld of any.proposal deemed by the Board to be duplicative; wasteful of energies, and/or resources; or not in keeping with the objectives and purposes of the Association. E. The Board shall prepare an annual budget prior to April 1 of each year, and it shall notify Members of 4 their dues and assessments for the coming fiscal year prior to May 1 of each year. After notification each member shall approve or disapprove of the assessment and inform the Board of its action.in writing within 30 days. The Board shall make any necessary revisions in its budget after action by the Members on their notifications. The Board shall adopt its budget by July 1 of each year and thereafter the annual budget shall govern the program of the Association during the fiscal year from. July 1 to -the next succeeding June 30. F. The Board may appoint an Executive Officer of the Association. G. The Board shall provide by -resolution for its committees and committees of the Association. Section. 2 Membership The Board of Directors shall consist of nine Directors elected by the Members from among the Representatives._ The Executive Officer of the Association, if and when appointed, may serve ex -off icio�as a member of the Board. Section 3 Quorum A majority of all members of the Board of Directors shall constitute a quorum of. the Board, and a majority of those Directors present at any regularly called meeting shall constitute a quorum.of the Committee of the Whole of the Board. Actions of the Committee of the Whole shall become effective only upon ratification of a quorum of the Board. Section 4 Meetings and Procedures Meetings of the Board shall be held.in accordance with provisions of the Bylaws, which shall also make adequate provision for procedures of the Board... -Full and accurate minutes of the meetings of the Board shall be kept, and copies of the minutes of each meeting shall be distributed to all Members of the Association. Section 5 Terms of Office Directors shall be elected for three-year terms arranged so that three Directors shall be elected at each Annual General Meeting, provided that the directors elected at the organization meeting of the Association shall by lot be assigned to the rotation,.with those assigned to the shortest term serving only until the close of the First Annual General Meeting, unless thereat they are reelected to full three-year term. 5 Section 6 Vacancies The Board of Directors shall meet immediately after the organization of the Association, choose a Chairman and organ- ize itself for the conduct of business; and,'thereafter, any vacancy in the membership of the Board shall be filled expe- ditiously by action of the Board, which in filling such. vacancies shall so far as possible maintain the rotation and representative character of the membership of the Board. ARTICLE IV OFFICERS Section 1 The officers of the Association shall consist of officers as specifically provided for by the Board of Directors in Bylaws, -which shall describe the offices and the functions assigned to them, and of the following; A.. The President The Chairman of the Board of Directors shall be the President of the Association. The President shall preside over the Annual General Meeting of the Association and.report to it concerning the state of the Association. B. Auditor " The Auditor shall be elected by the Members at the Annual General Meeting of the Association. He shall cause an independent audit to be made of the Association's affairs. The audit report shall be made each year to the Annual General Meeting, and copies of the audit shall be transmitted formally to each Member. C. Associate Director The Associate Director .shall represent the Associates before.the Board of Directors, attend meetings of the • Board as a non -voting member of-the:Board and organize the activities of the Associates. -'The Associate. Director shall be elected from among the Associates.by - the Associates voting at the Annual General Meeting of the Association. 6 ARTICLE V PLACE'OF BUSINESS AND OPERATIONS Section 1 Place of Business The Association shall be housed with the Santa Clara Valley Water District and the place of business shall be 5750 Almaden Expressway, San Jose, California, 95118. On the determination of the Board of Directors, the headquarters and place of business may be removed to any designated place in California. Section 2 Operations. A. A Treasurer shall be designated by the Board of Directors. The Treasurer shall establish accounts and keep books and records at the. Association's place of business. The Treasurer.shall'sign all checks and vouchers, -and each check.shall be countersigned by the President or the Executive Officer. The President, Treasurer and Executive Officer shall be bonded by the Association. B. Operations, when specifically authorized by the Board of Directors, may be conducted in behalf of the Association .by a member. The Association shall L -.L b se the act��al out-of-pocket costsof the services so rendered to the Association.. Section 3 Incorporation It is the intent that this Association shall be incorporated as anon -profit corporation under the laws of the State of California. It shall be the first order of business of the Board of Directors to do those things necessary to accomplish said incorporation and to seek to discover and satisfy all legal requirements that must be met in order for the Association.. to function as,a corporation and.as contemplated in this Constitution. ARTICLE VI ADOPTION AND AMENDMENT Section 1 Adoption The Constitution shall be adopted when approved by seven Members. 7 Section 2 Amendment Amendments to this Constitution may be proposed by the Board of Directors or by written petition signed by three or more Members of the Association. The Board of Directors may suggest revisions in any proposed amendment to the signatory petitioners who propose it, but if the revisions are not acceptable to the petitioners, the Board shall cause the proposed amendment to be submitted.unchanged to the Members. The Board shall submit any proposed. amendment to the Members at least 30 days prior to the date of convening of.the next Annual General Meeting of the Association. Proposed amend- ments shall be adopted and become effective -immediately - upon the affirmative vote of at -least two-thirds of all of the Members at the election to be conducted at the Annual General Meeting of the Association. ARTICLE VII BYLAWS Section 1 Function The Bylaws of the Association shall provide clarification and definition of concepts, terms and provisions of the Consititution; designate the applicable ruses and re- gulations for the conduct of the business of the Assoc- iation; fix dues and assessments; establish and define the functions of additional officers and any staff of the Association; set guidelines for studies, investigations and research to be conducted or sponsored by the Associ- ation; provide for coordination of .studies; investigations and research among Members; authorize committees and describe their functions; and establish procedures for and provide guidance to the Members, Associates, officers and staff. Section 2 Dues and Assessments The Board of Directors shall through Bylaws provide for a - system of dues applicable to Members and to Associates and for the levying of assessments on the.Members com- mensurate with their proportionate interest in studies, investigations and research conducted by the Association and their approval of the annual assessment pursuant to Article III, Section 1.E. Each Member shall be charged $500.00 and each Associate charged $15.00 for enrollment in the Association. The enrollment fee shall constitute the first years dues. section 3 Adoption Bylaws shall be adopted by affirmative vote of two-thirds of the Board of Directors voting at any duly noticed meeting of the Board.Bylaws and bylaw amendments shall be noticed within 30 days of their adoption to Members, and printed annually with the Constitution in a revised edition of a publication that also shall contain.the names and addresses of all current Members and Associates, and, if approved by the Board for the purpose, the annual report of ..the -,President.- ARTICLE VITI TERMINATION OF MEMBERSHIP -AND DISSOLUTION OF THE ASSOCIATION Section 1 Termination of Membership A. --.The Board of Directors may terminate the membership in the Association of any delinquent`Member.in l accordance with the pro V isio-- of the Bylaws., At the time or �er^:�nativia. �1V iie—ber j11G1iScti.i5ly all obligations previously agreed to by the Member.. B. A Member may voluntarily terminate membership in the Association on notice satisfactory to the Board of Directors; provided that the Member thereupon liquidates interests in any studies, investigations -or research _sponsored by the Association in which the Member has agreed to participate; and provided that thereupon the Member satisfies all charges, including those charges' that the Association may find it necessary to assume under the terms of any grant or unfulfilled agreement that it has sponsored.and-in which the Member .has agreed to participate. Section 2 Dissolution By two-thirds vote of all of the Members. at any Annual General Meeting, decision may be taken to. dissolve the Association. It shall then become incumbent upon the Board of Directors expeditiously to terminate all staff, suspend operations, liquidate the assets, satisfy the obligations, close the doors and dissolve the Association. 9 Upon incorporation as herein above provided, this unincorporated Association shall cease and be deemed dissolved. Adopted at the Organizational Meeting this 18th day of January, 1974 Lloyd C. Fowler Chairman 10 MINUTES OF THE CONSTITUTIONAL MEETING OF THE CALIFORNIA ASSOCIATION OF RECLAMATION ENTITIES OF WATER AND MINUTES OF THE ORGANIZATIONAL MEETING OF THE BOARD OF DIRECTORS January 18, 1974 A meeting of -the California Association of Reclamation Entities for Water. (WATERCARE) was called to order by Representative Lloyd C. Fowler, acting as.Presiding Officer, at 10:15 a.m., January 18, 1974, at the offices of the Orange County Water District,.1529 West Seventeenth Street, Santa Ana, California. Representatives Of,the Association in attendance, representing the Member agencies indicated, were: Lloyd C. Fowler, Santa Clara Valley Water District E. W. Houser, Santee County Water District Ray L. Stoyer, Irvine Ranch Water District Neil M. Cline, Orange County Water District John-O. Nelson, North Marin County Water District Russell L. Culp, South Tahoe Public Utilities District Alternate Representatives of the Association in attendance were: Stanley E. Sprague, Municipal Water District of Orange County James R. Cofer, Orange County Water District David G. Argo, Orange County Water District Associate Members of the Association in attendance were: William E. Warne, Consultant Jack Jacobs, City of Los Angeles Department of Water and Power Also present, representing agencies which have not joined the Association were: Robert C. Niles, Las Virgenes Municipal Water District Ole J. Nordland, Coachella Valley County Water District John G. Joham, Jr., Central and West Basin Water Replenishment District Others attending the meeting were: Milford W. Dahl, Rutan and Tucker; Pat Ferraro and Dave Gill, Santa Clara Valley Water District; and Barbara Barber, Orange County Water District. ADOPTION OF CONSTITUTION After outlining the conditions and events preceding the formation of WATERCARE, Mr. Fowler presented a Constitution for approval and formal adoption. There was a thorough discussion of the Constitution as presented, and several additions and corrections were made. Thereafter, upon motion made by Representative Cline, seconded by Representative Stoyer, it was unanimously carried that: MOTION NO. 74-1-1 The Constitution of'the California Association of Reclamation Entities for Water (WATERCARE) is hereby adopted. Following formal adoption of the Constitution, Mr. Fowler requested the Member agencies present to indicate their Representatives and, if such had been selected at that time, their Alternates. The Member Agency Representatives, and. Alternates as appointed, were as follows: SOUTH TAHOE PUBLIC UTILITIES DISTRICT Representative: Russell L. Culp, General Manager First Alternate: John G. M. Gonzales, Plant Engineer NORTH MARIN COUNTY WATER DISTRICT -` Representative: John Olaf Nelson, General Manager First Alternate: James D. Fritz Second Alternate: Richard A. Lowman SANTA CLARA VALLEY WATER DISTRICT Representative: Lloyd C. Fowler, Chief Engineer SANTEE COUNTY WATER DISTRICT Representative: E. W. Houser, Manager -Engineer IRVINE RANCH -WATER DISTRICT Representative: Ray L. Stoyer, Director, Engineering and Planning ORANGE COUNTY -WATER DISTRICT - Representative: Neil M. Cline, Secretary Manager First Alternate: James R. Cofer, Assistant Manager and District Engineer Second Alternate: David G. Argo, Assistant District Engineer MUNICIPAL WATER DISTRICT OF ORANGE COUNTY Representative: Dennis E. MacLain, General Manager Temporary Alternate: Stanley E. Sprague, Assistant Manager - 2 - ELECTION OF DIRECTORS The next item of business was the election of Directors.. Since the Constitution provided for nine Directors, to be elected by. the Members from among the Representatives, the Representatives of the present seven Members of the Association were automatically elected Directors of the Association, and it was noted that the first two agencies next becoming Members of the Association would automatically have as members of the Board of Directors, their Representatives. In this regard, it was agreed that the earliest postmark would determine the order of entry of the new agencies. ELECTION OF -CHAIRMAN The selection- of a Chairman of the Board was the nextorder of business, and, upon motion by Director Cline, seconded by Director-Stoyer, it was unanimously carried that: MOTION NO..72-1--2 Lloyd C. Fowler.is hereby elected Chairman of the.Boaid of Directors of the California Association of Reclamation Entities for Water. DETERMINATION OF DIRECTORS' TERMS OF OFFICE It was then agreed that the Directors' terms of office would be determined. by the impartial method of drawing the Directors' names from a hat; the f i rst three names drawn to be. assigned to the full three-year term of office, the second three names drawn, to a two-year term; and the remaining three Directors to serve. only until the close of the First -Annual General Meeting, unless at such time they were reelected to a full three-year term. Thereafter, the names of the Directors were written- on separate sheets of paper, which were folded and put into a hat; with one additional sheet marked "First -Vacancy" and one marked "Second Vacancy." As determined by the draw, and in order drawn, the terms of office of the Directors of the Association were as follows: THREE-YEAR TERM: 1. "First Vacancy 2. Ray L. Stoyer, Irvine Ranch Water District. 3. E. W.-Houser, Santee County Water District TWO-YEAR TERM: 1. "Second Vacancy" 2. Lloyd C. Fowler, Santa Clara Valley Water District 3. Russell L. Culp, South Tahoe Public Utilities District - 3 - TO SERVE UNTIL CLOSE OF FIRST ANNUAL GENERAL MEETING: 1. Neil M. Cline, Orange County Water District 2. John 0. Nelson, North Marin County Water District 3. Dennis E. MacLain, Municipal Water District of Orange County ESTABLISHMENT OF PLACE OF BUSINESS The selection of the place of business of the Association was then considered. The Association had been housed with the - Santa Clara Valley Water District, and the.place of business as set forth in the Constitution was at that address. Since Director Fowler of the Santa Clara Valley Water District had been elected Chairman, upon motion duly.made and seconded it was unanimously carried that: MOTION NO. 74-1-3 .The principal office and mailing address of the California Association of Reclamation Entities of Water shall be the Santa Clara Valley Water District, 5750 Almaden Expressway, San Jose, California 95118. APPOINTMENT OF TREASURER The Directors then discussed the selection of a Treasurer of the -Association, -and, upon- motion -made. -by-Director-Houser and seconded by Director Cline, it was unanimously agreed that: MOTION NO. 74-1-4 Mrs. Violet Enander, Clerk of the Board, Santa Clara Valley Water District, is hereby appointed Treasurer of the - California Association of Reclamation Entities of Water. Since it was then 12:00 noon, the Board recessed until 2:00 p.m., at which time the meeting continued. INCORPORATION OF ASSOCIATION AS NONPROFIT CORPORATION Chairman Fowler noted that the first order of business of the Board of Directors was to take the steps necessary to accomplish the incorporation of the Association as a nonprofit corporation under the laws of the State of California. Mr. Milford Dahl of the law firm of Rutan and Tucker reviewed for the Board the desirability of such incorporation, and in compliance with the Constitution of WATERCARE and upon motion duly made and seconded, it was unanimously carried that: .� 4 . MOTION NO. 74-1-5 The Board of Directors of the California Association of Reclamation Entities of Water authorize Mr. Milford Dahl of the law firm of Rutan and Tucker, to proceed with the preparation of Articles of Incorporation to incorporate the Association as a nonprofit corporation. Mr. Dahl informed the Directors that. he incorporation documents, etc. would be of February, and could be presented to Board of Directors at that time. ESTABLISHMENT OF BYLAWS COMMITTEE anticipated that the completed before the end the next meeting of the The next item of business was.the formation of a Bylaws Committee to draft the Bylaws of WATERCARE. After discussion, upon the motion of Director Nelson, which was seconded by Director.Cline, it was unanimously carried that: MOTION NO..74-1-5 John Nelson, Floyd Fowler, William Warne andNeil Cline are appointed to draft, with the assistance of. Milford Dahl, Ratan and Tucker, Bylaws for the California Association.of Reclamation Entities of Water. The ad hoc. Bylaws Committee.was requested to present a draft of the Bylaws at the next meeting of : the Board. ESTABLISHMENT OF STANDING COMMITTEES 1. Membership Committee; Subcommittee on Associates of the Membership Comanittee The formation of a Membership Committee was then discussed. Neil Cline volunteered to be Chairman of the Membership Committee, and suggested that every Member of the Association serve on the Membership Committee. There was a lengthy discussion of agencies to be nominated for membership and of the selection of WATERCARE Directors to contact potential. members. Director Cline was requested to finalize a list of potential members indicating the Director assigned to contact agencies -nominated for membership, and to mail: this list to the Member agencies as soon as it was completed. It was agreed that Neil Cline would contact potential members by means of a letter and various informational material, with follow-up in person to be performed by Directors of the Association. At this time, Associate Member William IWarne volunteered to be the Chairman of a Subcommittee to the Membership Committee for potential Associate Members. Neil Cline was requested to M&M furnish also a list of potential Associate Members, to be contacted personally by Directors or by merc'Ders of the Subcommittee. Additionally, it was requested that all WATERCARE Members and Associates contact the Chairman of the Membership Committee with any names of additional potential Members or Associate Members to be added to the list. 2. Program and Evaluation Committee The next standing committee to be organized was the Program and Evaluation Committee. Most of the agencies represented at the meeting were undertaking or anticipated undertaking various research programs on virus sampling, water conservation, etc., and it was agreed that the coordination of these studies would be of great benefit to all of the Member agencies. Upon motion made by Director Nelson and seconded by Director Cline, it was unanimously agreed that: MOTION NO. 74-1-7 Director Russell L. Culp is appointed Chairman of the Program and Evaluation Committee. The Directors concurred that the Committee would be a "Think - Tank" type of Committee, and would evaluate suggestions in the view of WATERCARE's lending its support thereto. The Committee `would then .retort back to the Bloard with .its eva].u.ations. Director Culp was requested to prepare a statement of the Program and Evaluation Committee's objectives, to present.at the next Board meeting. Associate Member Jack Jacobs of the City of Los Angeles Department of Water and Power, Director Dennis MacLain and Alternate Representative James Cofer were -nominated for and appointed to the Program and Evaluation Committee. Additionally, Mr. Robert Niles will serve on this Committee as the Alternate Representative of Las Virgenes Municipal Water District if that agency's Board of Directors elects to join WATERCARE, or otherwise as an Associate Member. It was further agreed at this time that the Chairman of the Association would be an ex officio member of all standing committees. REPORTS FROM MEMBERS At this time, Director John Nelson reviewed the North Marin County Water District's Research Proposal re Domestic Water Conservation Opportunities and Effectiveness which NMCWD has presented to the State Water Resources Control Board requesting grant assistance. It was agreed that there were great potential r grater conservation benefits to be.derived from measures to be studied by this research, and, upon motion made and duly seconded, it was carried unanimously that: MOTION NO. 74-1-8 The Program and Evaluation Committee of WATERCARE is requested to consider the North Marin County water District's Research Proposal re Domestic Water Conservation Opportunities and Effectiveness; and, further, the Committee is hereby authorized and requested to convey its evaluation directly to the granting agencies in this instance. Director Culp reported that South Tahoe Public Utilities District has requested Dr. Cooper of the University of California to prepare what they consider adequate virus sampling techniques for STPUD. Director Culp indicated that he would present Dr. Cooper's report to WATERCARE when STPUD receives it. APPOINTMENT OF SECRETARY Upon motion duly made and seconded, it was unanimously carried that:. MOTION NO.. 74-1-9 Director. Neil M. Cline is hereby elected Secretary of :4ATERC"ARE OTHER BUSINESS Upon the motion of Director Cline, seconded by Director Culp, it was unanimously agreed that: MOTION NO. 74-1-1.0 The Chairman and Secretary of WATERCARE are authorized to develop a logo for WATERCARE, and to provide for stationery, membership applications, and membership cards for the Association. Director Cline further requested each of the Representatives to contact him with any suggestions for the logo or for the layout of the stationery or the format of the applications. ADJOURNMENT There being no further business, the meeting was adjourned at 3:30 p.m. The next meeting of the Board of Directors will be - 7 - in San Jose, California, on Friday, March 1, 1974 at 10:00 a.m. Chairman Fowler will mail notices of the meeting_ indicating the exact place where it will be held. Neil M. Cline, Secretary MERM Lloyd C. Fowler Chairman t CALIFORNIA ASSOCIATION OF RECLAMATION ENTITIES OF WATER (WATERCARE.) MEMBERSHIP AGENCY REPRESENTATIVE IRVINE RANCH STATER DISTRICT Ray L., -Stoyer- Post Office Box D-I (Director) Irvine,,CA 52664 LAS VIRGENES MUNICIPAL WATER DISTRICT H. W. (Will) Stokes 4232 Las Virgenes Road (Director) Calabasas, CA 91304 MUNICIPAL WATER DISTRICT OF Dennis E. MacLain ORANGE COUNTY (Director) 17332 Irvine Boulevard Tustin, CA 92680 NORTH MARIN COUNTY WATER DISTRICT John O. Nelson 999 Atherton Avenue (Director) Novato, CA 94947 ORANGE COUNTY WATER DISTRICT Neil M. Cline 10500 Ellis Avenue (Director) Post Office Box 8300 Fountain Valley, CA 92708 SANTA CLARA VALLEY WATER DISTRICT Lloyd C. Fowler 5750 Almaden Expressway (Director San Jose, CA 95118 SANTEE COUNTY WATER DISTRICT E. W. (Ed) Houser Post Office Box 70 (Director) South Lake Tahoe, CA 95705 CITY OF SANTA BARBARA Howard Benson PUBLIC WORKS DEPARTMENT (Director) Post Office Drawer 33 Santa Barbara, CA 93102 SOUTH TAHOE PUBLIC UTILITIES Russell L. Culp DISTRICT (Director). Post Office Box 756 South Lake Tahoe, CA 95705 WATERCARE MEMBERSHIP r rr LIrznv CITY OF LOS ANGELES DEPARTMENT OF WATER AND POWER Post Office Box 111, Room A-18 Los Angeles, CA 90051 MARIN MUNICIPAL WATER DISTRICT 220 Nellen Avenue Corte Madera, CA 94925 ASSOCIATE MEMBERS William E. Warne, Consultant 2090 Eighth Avenue Sacramento, CA 95818 REPRESENTATIVE George W. Adrian J. Dietrich Stroeh John G. Joham, Jr., Assistant General Managar Central and West Basin Replenishment District 7439 East Florence Avenue Downey, CA 90240 James L. welsh, Chief, Environmental Quality Branch Division of Resources Development Department of Water.Resources Post Office Box 388 Sacramento, CA 95802 �'a Low Recognizens s Hauler's Ovvnershipof Matericls Lfl for Pickup by Ralph McGlll he general belief that refuse collectors own the trash they pickup has received the legal endorsement of the State of California. State Attorney .Generatl Evelle J. Younger tackled the thorny question of ownership after a ruling was formal- ly solicited by the California Solid. Wastes Management Board. . Following months of research and study, during which the views of private industry were requested and considered, the -state's chief legal, of- ficer concluded that tinder the circum- stances assumed in the question, the legal owner of trash which has been intentionally discarded by the owner, and removed from his premises by an authorized trash collector, is the col- lector, which may be either the public agency performing such col- lection, or a private contractor or licensee tinder the authority of the trovernmental agency. In the case of the private collector, his rights in the trash are subject to applicable con- tract, licensing, or other regulations relating to materials so gathered and removed. The California Solid Wastes Man- agement and Resource Recovery :act of 1972 defines "solid wastes' as follows: "Solid wastes mean all pu- trescible and non-putrescible solid and semisolid wastes, including garbage, (sic), trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, ma- nure, vegetable or animal solid and semisolid wastes, and other discarded and semisolid wastes." While the term "trash" is not other- wise defined in the act, it is assumed from the context of the question that the inquiry is addressed to the circum- stances which ordinarily prevail in the removal of trash by an authorized collector. This is the situation in which a householder or other owner of mate- rials, havinv no fiirther use or need for them, discards them for removal by the trash or refuse collector and the A.tr: '1400 if is execuiN& diractor'or th.-e California Refusa Removal, Coun- cil, northern district: a_uR- LARGEST AP I . ISSUE Evelle J. Younger, Attorney General State of California. materials have been removed from the premises of the original owner by the collector. Limiting the term to materi- als so intentionally discarded by the owner is in accordance with the ordi- nary meaning of the word "trash" which includes ". . something worth relatively little or nothing as junk, rubbish." Since the question is" in the context of subsequent recovery of trash for the purpose of resource recovery and recycling, it is also assumed that -the trash in question has lost its identity as belonging to the original owner and has become part of the "conglom- eration of trash . removed by the collector. Under . these circumstances, the trash becomes what is known as aban- doned property. .abandonment of property occurs when its owner relinquishes it by an act by which he vacates possession coupled with the Continued on page 128 ihis issue of SOLID INAST S MANAGE ENT MAGAZINE is A, .9 Jcrges� �pri1 ediiicn Ayer puMshed. Including editorial content and number of advertising pages, it confrnue3, 'without in- ri,rruotion, the new racord set by each pfeceding issue to dare. Continuation of this growth tr.=_ijd month after month and year after year is a clear indication of the widespread influence of the ci;rcullation and soles ;power of SOLIDWASTES MANAGEMENT AiAGAZiNE. ° SOUI3 WASTES fyl,=1iiMAG1EMEi1T%ORJ 1 y 7 ' y�•r 1} "�-��J��� � (I l7�lltil C'll fl'OITt �7[lrr(.' " '- Md AzQndDned intent to abandon the property; when this occurs, title in the property by the original owner ceases. The gerteral rule is that ownership in such aban- doned property vests in the party who next takes it into his possession. Property, therefore, which has been discarded by its owner as trash and of no use is clearly abandoned property. Generally, therefore, in the absence of other restrictions, the party taking possession of such abandoned trash will become its owner. In the present matter, then, this would be the collector. Such restrictions may be imposed by the local governmental entity 1230 under whose authority the trash is collected. Contracts, licenses, or other regulations relevant tothe collection and disposal of wet refuse or trash may, of course, expressly restrict or The collector who removes trash from an ownerrs premises will generally have title. `are Big Strokes for i aren -fK Prince 'Job -Rated' rt Hydraulic Cylinder . 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The collector in any particular case may be the .applicable local govern- ment body which itself performs the service, or a private person whom it contracts with or otherwise licenses or authorizes to perform the function. In the case of such private contractor or licensee, his rights in Stich materials will be subject to applicable contract, license, or other regulation.by which he collects and removes such materials under governmental authority. M AJ u C I N G! The NEW Saturn Heavy Duty Industrial Series Shredder NO DUST LOW NOISE FACTOR 5 to 7 LOW OPERATING COSTS R a',�,bn Guaranteed to shred 200 passenger tires per hour. Shreds tires, including steel belted truck tires, Grader tires, and other heavy industrial residue such as con- crete blocks, wire, plyyvood, lumber, pallets or. other problem materials. All hydraulic, automatic reversing cycle makes this shredder jam -proof. Other models available. R Reduce 13i1llsjr 4'Ita5iE3 Material Before: TRANSPORTING N C 1 i *J t7 t-f T 11V3 �i+-T I SATURN NJ P.O. Sox 338 — VIilsonviile, Gregor 97070 (503) 638-8643 J t=lrcle No. 1130 an incuiri Card . SOLID YJAST_S. MA?JAGc�ilri`ITIRR! May 2, 1974 MEMORANDUM TO- C. A. Horstkotte, Jr., General Maaa,er-(1, Engineer FOR: ENGINEERS REPORT - DISTRICT BOARD MEETING K.Y 2, 1974 1. REPORT OF-1U. SWANSON`, DIRECTOR OF COVi MNITY DEVELOP%—N7. TO THE CITY OF 1-AiLEUT CREEK COL�,'CIL - APRIL, 1, 1974. Copies for Board Members. 2.!: AGREUTEN T WITH STATE PERSONNEL BO *RD FOR PERSONS EL SURVEY The $5900 agreement with the State Personnel Board includes a classification and salary survey. In a letter dated. April 25, 1974, the State has requested that we decide whether the Sanitary District or the State is to update our job classifications. From my ccnver- sation with 'Mr.. Allen, Chairman;, Personnel Committee of the Board of Directors, the updating of our job classifications shod ba perfor-med by the State and I will so advise them. 3. REPRESENTATIVES OF iIiELBOURNE AND METROPOLITAN BOARD Or ?FORKS AND CALDWELL CONNEIL ENGINEERS TOUR DISTRICT OPERATIONS Raymond Herbert, Engineer, with Melbourne and Metroalitan Board.of ?;'orks and Geoffrey A. Carthew with Caldwell Connell Engineers, Ltd. currently working on a joint venture to provide services of ?rater Supply, Sewerage and Main Stormwater Drainage for the State of Victoria, visited with staff today as part of a reciprocal study tour. In respect of these responsibilities, their current Capital [dorks Program for a seven year period ending 1980 totals $A800 million. The Melbourne metropolitan area covers approximately 850 square miles. Present population is 2.3 million, anticipated to be 3 million by 1985 and 5 million at the turn of the century. A large proportion of the Board's works is carried out by the Board's ow-n labor force of some 2000 men.