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HomeMy WebLinkAboutBOARD MINUTES 09-19-74 427 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD SEPTEMBER 19,1974 The District Board of Central Contra Costa Sanitary District convened in a Regular Session at its regular place of meeting located at 1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on September 19, 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 MINUTES OF THE MEETING OF AUGUST 29,1974 1. After comment by President Mitchell, the minutes of the meeting of August 29,1974, were approved as presented after making the following corrections: Under "VI. OLD BUSINESS, 1. SLIDE CONDITION, 154 LA ESPlRAL, ORINDA," delete the first sentence in the second paragraph and insert the following: "The basis for the rejection was that the District's stipulation that Mr. Royce Buffington and Mr. Brian H. Jeffcott, 158 La Espiral, Orinda, accept deed to a segment of District property, Lot 506, located adjacent to their properties and the execution of a Hold Harmless Agreement." Under "VI. .OLD BUSINESS, 1. SLIDE CONDITION, 154 LA ESPlRAL, ORINDA,: add the following sentence to the last paragraph: "Mr. Bohn indicated that he believed he could complete an agreement which would be agreeable to both Mr. Buffington and Mr. Jeffcott and the District. " Under "VI. OLD BUSINESS, la. CONCORD CONTRACT AGREEMENT," add the following phrase to the last sentence of the first paragraph: "and which would be sent under separate letter to the City of Concord." Delete the last sentence of paragraph 2 and insert the following: "Carried by the following vote: AYES: NOES: Members: Members: Gibbs, Boneysteele, Rustigian, Allan and Mitchell None" 2. MINUTES OF THE MEETING OF SEPTEMBER 5,1974 After comment by Member Boneysteele, the minutes of the meeting of September 5, 1974, were approved as presented. III. APPROVAL OF EXPENDITURES None. IV. HEARINGS None. 09 14 74 428 v. BIDS WATER RECLAMATION PLANT, PHASE II 1. Mr. Horstkotte, General Manager-Chief Engineer, reported that after consultation with representatives from Bechtel Corporation at the pre-bid conference held on September 13, 1974, wherein representatives from the Environmental Protection Agency were present, it was decided to extend opening of bids for the Water Reclamation Plant, ~hase II, to October 3, 1974. Mr. Horstkotte stated that all contractors holding plans for project had been duly notified and that Mr. Bohn, Counsel for the concurred in extending the date of the bid opening from September 1974, to October 3,1974. the District, 19, VI. OLD BUSINESS 1. LID 54-1 President Mitchell reported that Members Boneysteele, Gibbs, and himself, had made a personal field visit on September 10,1974, to inspect the construction work performed by the District's contractor for LID 54-1. Board Members reviewed a report prepared by staff concerning action taken by the District's contractor, W. R. Thomason, Inc., to resolve and satisfy complaints regarding sewer installation for LID 54-1 which were received from the following property owners: Parcel No. Property Owner 5 6 7 8 9 12 15 17-18 E. Wallace Anderson Vernon C. Ament Ward and Frances Trask Melville G. Harvey Hazel C. Harrison Patrick C. Furlong Elizabeth B. Hulbert L. H. Golightly Board Members and staff then discussed in detail, corrective action to be taken by the District's contractor to resolve and satisfy complaints by property owners for each individual parcel. Participating in the discussion was Mr. Melville G. Harvey (Parcel 8), who expressed concern that action by the contractor to restore damage to his property was inadequate. He indicated his primary concern was that appropriate measures must be taken to shore up the hill and bank on his property to preclude the house thereon from slipping off its foundation. President Mitchell and Board Members explained that the location of the sewer line was predicated on the desire to present affected property owners with sewer service that would encompass both engineering and economic considerations. During the discussion, Mr. Jack Best, Manager, Engineering Department, presented Board Members with a copy of correspondence dated September 19, 1974, received from Mr. Alvin. R. Barrett, attorney representing Mrs. Hazel C. Harrison (Parcel 9), wherein he alleged damages in the amount of $12,500.00 to Mrs. Harrison's property by the District's contractor. Board Members, staff, and Mr. Bohn, Counsel for the District, commented on administrative procedures for the conduct of informal hearings to hear complaints by property owners regarding sewer construction work performed by District contractors. Mr. Horstkotte, General Manager-Chief Engineer, presented Board Members with a memorandum proposing administrative procedures for the conduct of informal hearings for consideration by the Board at a future meeting. After the discussion the staff reported that the complaints by the following property owners had been satisfactorily resolved by the District's contractor: E. Wallace Anderson, Parcel 5: Vernon C. Ament, Parcel 6: Patrick C. Furlong, Parcel 12; and Elizabeth B. Hulbert, Parcel 15. The Board directed that the following additional corrective action be taken by the District's contractor: Plant two flats of ivy on Parcel 7, (Ward and Frances Trask), and two flats of ivy on Parcel 8, (Melville G. Harvey). Further it was the consensus of the Board that 74 14 09 429 no action be taken on the claim of Mrs. Hazel C. Harrison (Parcel 9) but that the matter be resolved between the contractor and his insurance carrier. Concerning the complaint of Mr. L. H. Golightly (Parcels 17 and IS), the Board deferred action to permit opportunity for the District's contractor to resolve satisfactorily the complaint of Mr. Golightly. Upon recommendation of the General Manager-Chief Engineer, the Board then directed that final payment of $5,000.00 to the District's contractor be withheld until further report from the General Manager-Chief Engineer. Item continued. la. SLIDE CONDITION, 154 LA ESPlRAL, ORINDA President Mitchell reported that Mr. Royce Buffington, 154 La Espiral, Orinda, had informed him that. his plan to resolve the slide condition on his property had been disapproved by the Contra Costa County Flood Control District. The Flood Control District had specified that 24" pipe must be used vice 18" pipe, which in accordance with the District's agreement with Mr. Buffington and Mr. Brian H. Jeffcott, l5S La Espiral, Orinda, the District was to make available for the project at no cost to Mr. Buffington and Mr. Jeffcott. As the IS" pipe was unsuitable for the project, Mr. Buffington was requesting that the District contribute in lieu thereof the monetary value for the pipe. Discussion followed with Mr. Buffington participating. Staff indicating that the IS" pipe was not a standard size, had been specially ordered for the project, and consequently was not easily marketable. After discussion wherein Mr. Bohn, Counsel for the District, advised President Mitchell and Member Gibbs that action by them in this matter would not constitute a "conflict of interest," it was the consensus of the Board that Mr. Buffington and Mr. Jeffcott forward to the District a letter requesting that the District provide storage for the IS" pipe for a period of up to six months while attempting to market the pipe for the account of Mr. Buffington and Mr. Jeffcott. . It was then moved by Member Allan, seconded by Member Rustigian, that the General Manager-Chief Engineer be authorized and directed to execute the agree- ment between the District and Mr. Buffington and Mr. Jeffcott regarding District contribution to resolve the slide condition at 154 La Espiral, Orinda. Carried by the following vote: AYES: Members: Gibbs, NOES: Members: None ABSENT: Members: None 2. CONCORD CONTRACT AGREEMENT Boneysteele, Rustigian, Allan and Mitchell Mr. Dalton, Deputy General Manager-Chief Engineer, stated there was no additional information to report. Item continued. EAST/CENTRAL CONTRA COSTA COUNTY WASTEWATER MANAGEMENT AGENCY 3. After discussion by Board Members, staff, and Mr. Bohn, Counsel for the District, Mr. Bohn was requested to prepare a response for signature by the President to correspondence dated July 25,1974, received from the East/Central Contra Costa County Wastewater Management Agency. VII. NEW BUSINESS 1. CONSENT ITEMS a. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT It was moved by Member Rustigian, seconded by Member Allan, that easements from: Grantor V. S. Ryan, et ux R. F. Keys Duffel Financial & A. S. Allen, et ux G. G. Malcom, et ux M. A. Puckett Construction Co. Job No. Parcel No. 2104 I, A & B 2496 3 2517 1 2529 3 2535 1 2535 2 09 14 74 430 be accepted and their recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Hembers: Members: Members: Gibbs, Boneysteele, Rustigian, Allan and Mitchell None None 2. AUTHORIZE SUPPLEMENTARY PENSION PLAN FOR DISTRICT EMPLOYEES RESOLUTION NO. 74-123, A RESOLUTION APPROVING THE REQUEST OF DISTRICT EMPLOYEES TO WITHDRAW FROM THE SOCIAL SECURITY SYSTEM AND AUTHORIZING THE PRESIDENT TO EXECUTE.AN AGREEMENT WITH THE TRAVELERS INSURANCE .COMPANIES FOR THE FUNDING OF A SUPPLEMENTAL RETIREMENT PROGRAM FOR DISTRICT EMPLOYEES Board Members reviewed and discussed a written request by the District's Employees' Association for withdrawal from the U.S. Social Security System and to authorize execution of a contract with The Travelers Insurance Companies to provide employees with a supplemental retirement program. Participating in the discussion and representing the Employees' Association was Mr. Lloyd Smith. Mr. Smith explained that the proposed supplemental retirement program would encompass all employees of the District, including ten employees presently not carried on the roles of social security. Mr. Smith stated that estimated cost for 1975 to the District for this program would be $93,333.81 of which $8,202.93 would represent costs to include the ten employees currently not covered by Social Security. Mr. Smith stated the intention of the proposed program was that District contributions for employees to receive social security benefits (to include the ten employees not presently on the rolls of social security) be applied to the new supplemental retirement program. During the discussion, Member Allan commented on pending legislation concerning a national health insurance program which may only be eligible to those persons covered by social security. Mr. Peter Wiebens, District employee, stated that in his opinion, the health benefits provided to employees by the District under the Kaiser Health Foundation Plan were adequate. Member Rustigian expressed a concern regarding the administration of the proposed employees' retirement program. Mr. Bohn, Counsel for the District, stated that he had reviewed the proposed plan with District employees regarding The Travelers Insurance Companies and that the plan was self-administrating. After comment by Member Boneysteele that he had a minor personal investment in the Travelers Insurance Companies, and after comment by Mr. Bohn, Counsel for the District, that such investment did not represent a conflict of interest, it was moved by Member Gibbs, seconded by Member Rustigian, that Resolution No. 74-123 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Boneysteele, Rustigian, Allan and Mitchell None None 3. AUTHORIZE ESTABLISHMENT OF WATERSHED l5W, LAFAYETTE . Utilizing a map, Mr. Dalton, Deputy General Manager-Chief Engineer, defined the area to be incorporated in Watershed l5W, Lafayette. After explanation by Mr. Dalton that there was a need to upgrade the existing sewer system in the l5W area and upon his recommendation that watershed trunk charges be established at $300.00 per unit, it was moved by Member Rustigian, seconded by Member Allan, that Watershed l5W be established with watershed trunk charges at $300.00 per unit. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Boneysteele, Rustigian, Allan and Mitchell None None 0.9 14 74 431 4. CORRESPONDENCE DATED AUGUST, 1974, RECEIVED FROM.CALIFORNIA SPECIAL DISTRICTS ASSOCIATION Board Members noted the correspondence. 5. CONDEMNATION ACTION, CASE OF CCCSD VS GLEN ARMS ESTATES Mr. Bohn, Counsel for the District, reported that rebate charges in the amount of $1,920.00 had been requested by representatives of Glen Arms Estates for the installation of a section of 8" sewer line. Upon the recommendation of Mr. Bohn that rebate charges be disallowed because the District had to resort to condemnation action to obtain easement rights, the Board took no action. 6. SPECIAL REBATE CONSIDERATIONS, JOB NOS. 1374, 1978 AND 2534, CAMINO DIABLO, WALNUT CREEK Utilizing a map, Mr. Dalton, Deputy General Manager-Chief Engineer, defined the area to be considered for special rebate conditions because of the high cost to sewer the area. Mr. Dalton explained that based upon current zoning regulations and the size of the area that could be developed, he recommended that rebate charges for each residential unit be set at $3,000.00 and that the rate for commercial units be established at .llç per square foot. After discussion, wherein Mr. Bohn, Counsel for the District, stated that rates proposed were justified under the circumstances, it was moved by Member Gibbs, seconded by Member Boneysteele, that rebate charges for Job Nos. 1374, 1978 and 2534, Camino Diablo, Walnut Creek, be. established at $3,000.00 per each residential unit and .llç per square foot for each commercial unit. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Boneysteele, Rustigian, Allan and Mitchell None None 7. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. 8. INFORMATION None. VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Horstkotte reported the District had received on September 17, 1974, a permit to discharge wastewater under the National Pollutant Discharge Elimination System. . b. Mr. Horstkotte reported on the current construction status of the District's Water Reclamation Facility. He stated that approximately 40% of the work had been completed and that the progress payment for September 1974, would approximate $3,000,000.00. ' c. Mr. Horstkotte reported that construction work for LID 54-2 is essentially completed and that notification of informal hearings to consider complaints by property owners concerning construction will be sent in two weeks. d. In response to query, Mr. Horstkotte stated that Mr. Dalton, Deputy General Manager-Chief Engineer, was preparing a report on the District's financial position. Mr. Horstkotte stated that issuance of sewage permits by the District were currently at an all time high. 09 14 74 432 2. COUNSEL FOR THE DISTRICT Mr. Bohn reported that he was preparing a formalized administrative pro- cedure for the processing of claims against the District which will be presented to the Board. 3. SECRETARY None. COMMITTEES' 4. BAY AREA SEWAGE SERVICES AGENCY a. Member Gibbs, Trustee of BASSA, reported that Mr. Dalton, Deputy General Manager-Chief Engineer, had been selected as an Alternate Member to BASSA's Technical Advisory Committee. Member Gibbs reported that officials representing the Environmental Protection Agency had attended a recent BASSA planning meeting wherein' they expressed interest in the District's Water Reclamation Facility. In response to comments regarding disposal of liquid waste, Mr. Bohn, Counsel for the District commented on the current status of activities by Industrial Tank Corporation to obtain approval of a new disposal site in Eastern Contra Costa County. After noting that a recent meeting had been held by local regional agencies related to regional government, Member Gibbs stated that BASSA had scheduled an evening meeting on December 11,1974, which would be held in Contra Costa County. Probable site would be at the offices of the Contra Costa County Water District. IX. MATTERS FROM THE FLOOR ,1. President Mitchell commented that the Board's action in adopting Resolution No. 74-119, A Resolution of Application For the ~nnexation of Properties (District Annexation No. 44) precluded the District from raising annexation fees for these properties. Discussion followed with Board Members acknowledging the comments of President Mitchell. 2. President Mitchell reported that he had received information that Amigos de Diablo was planning litigation against the District regarding annexation by the District of the Blackhawk Ranch Development. Discussion followed. 3. Member Boneysteele reported that Mr. John DeVito, Contra Costa County Water District, had made a presentation before a group of the Commonwealth Club regarding w~stewater management as it pertains to the District's Water Reclamation Facility. 4. In response to query, Mr. Hinkson, Manager, Maintenance Department, reported that staff was taking appropriate action to correct a sewage 'overflow problem located in the vicinity of 67 LostValley Drive, Orinda. X. ADJOURNMENT At 11:01 o'clock P.M., President Mitchell adjourned the meeting to September 26, 1974. COUNTERSIGNED: ') I~;i !¡¡",>'t.' 'J, Preiident of the'District oard of the Central Contra Costa Sanitary District of Contra Costa County, State of California t {( ~~ (¡¡11~ Secretary of the District Board of the Gentral Contra Costa Sanitary District of Contra Costa County, State of California 09 14 74