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HomeMy WebLinkAboutBOARD MINUTES 12-07-67 ,PI.'" t '..- MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD DECEMBER 7,1967 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 December 7, 1967, at 8:00 o'clock P.M. The meeting was called to order by President Gibbs. I. ROLL CALL PRESENT: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs ABSENT: Members: None II. APPROVAL OF MINUTES The Minutes of the meeting of November 16,1967, were approved as presented. III. APPROVAL OF EXPENDITURES It was moved by Member Mitchell, seconded by Member Roemer, that the expenditures, as audited by the Auditing Committee and as submitted by the General Manager-Chief Engineer, be approved, reference being specifically made to Sewer Construction Vouchers Numbers 373 to 389, inclusive, Running Expense Vouchers Numbers 7255 to 7391, inclusive, and Payroll Vouchers Numbers 1419 to 1509, inclusive. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None IV. HEARINGS None. V. BIDS None. VI. OLD BUSINESS None. VII. NEW BUSINESS CLAIM FOR DAMAGES, LEONA HAWES Mr. Horstkotte, General Manager-Chief Engineer, stated the claim of Leona Hawes was the result of sewer backing up and it was the staff recom- mendation to pay the $112.77 claim after receipt of release. It was moved by Member Rustigian, seconded by Member Allan, that the claim of Leona Hawes in the sum of $112.77 be paid after receipt of signed Release in Full Settlement and Compromise. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None LASKIN CO., INC. PROTESTING PAYMENT OF PENALTIES ON SEWER SERVICE CHARGE ACCOUNT l64-wC Mr. Horstkotte, General Manager-Chief Engineer, read a letter dated November 11, 1967, from Laskin Co., Inc. protesting penalties for late 12 07 67 " , , .. .. payment, claiming billing had not been forwarded to them in time to avoid penalties. Mr. Horstkotte stated it was the staff recommendation to cancel the penalties. It was moved by Member Roemer, seconded by Member Allan, that the penalty and interest on the October-December billing be cancelled for sewer service account l64-WC. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None CHLOR-ALKALI LITIGATION FEES FOR BROAD, BUSTERUD & KHOURIE Mr. Bohn, Counsel for the District, stated that, in conformance with the agreement entered into with Broad, Busterud & Khourie, they have billed the District for $300.00 retainer ($5.00 per $1,000.00 of purchases through 1966 of $60,407.87) dated November 1,1967, and billed for $71.16 for miscellaneous items dated November 15,1967, a total of $371.16. After discussion, it was moved by Member Allan, seconded by Member Rustigian, that the statements in the sum of $371.16 from Broad ~ 'Busterud & Khourie be paid. AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None APPROVAL OF PLANS AND SPECIFICATIONS FOR DISTRICT SEWERING PROJECT 1521 Mr. Horstkotte, General Manager-Chief Engineer, presented plans and specifications for District Sewering Project 1521 and requested authorization to call for bids and stated authorization to prepare the plans and specifica- tions had previously been given. After discussion, it was moved by Member Rustigian, seconded by Member Allan, that the plans and specifications for District Sewering Project 1521 be approved and the call for bids authorized. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None MORAGA AND UPPER SAN RAMON WATERSHEDS Continued to December 21,1967. EASEMENT AGREEMENT FROM EAST BAY MUNICIPAL UTILITY DISTRICT (JOB 1447) It was moved by Member Mitchell, seconded by Member Rustigian, that the easement agreement from East Bay Municipal Utility District be accepted and its recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None ACCEPTANCE OF EASEMENTS It was moved by Member Mitchell, seconded by Member Rustigian, that easements from Robert E. Cross and Eugene E. Peterson be accepted and their recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None EHPLOYEES' ASSOCIATION HONORING MEHBER ROEMER Mr. Clyde Hopkins, President of the District Employees' Association, stated that the employees at their last meeting adopted Resolution No. 100, 12 07 67 , " . <I making Member Roemer an honorary lifetime member of the Association in recog- nition of his 15 years of service with the District and his interest in the welfare of District employees. Mr. Hopkins presented Member Roemer with a framed copy of said Resolution printed in Old English script. Member Roemer expressed his appreciation for the expression of the Employees' Association. APPEAL OF TANCREDY PLUMBING Mr. Horstkotte, General Manager-Chief Engineer, stated that the problem with Tancredy Plumbing was basically one of a conflict of jurisdiction. He stated the Tancredy Plumbing Company installed a sewer line outside of a building and around the building so as to reach a connection point for extension to the main sewer. The sewer was installed to the City of Pleasant Hill specifications which are below District standards. He explained the difference in require- ments. Mr. Francis Driscoll, attorney for Tancredy Plumbing, stated that the plumbers were not interested in getting into a jurisdictional dispute, explaining that the work was done under building permit and inspection from the City of Pleasant Hill and only when they obtained a permit from the District was it pointed out to Tancredy Plumbing that the sewer installed outside the building did not meet District requirements. Mr. Driscoll stated the building was to open in a few days and requested that a variance be granted in this single case. Mr. Driscoll stated that, in order to avoid jurisdictional disputes in the future, the Plumbing Association was agreeable in the case of overlapping city and District jurisdiction to resolve any conflict prior to installation. Mr. Horstkotte stated that so long as any sewer installed outside the building met District standards the District had no objection. Mr. Driscoll stated that in the future this would mean that installations would be made to meet the highest standards of city or District and any conflict would be resolved prior to construction. Mr. Bohn, Counsel for the District, stated that a variance could be granted in this single case so long as the plumbers group does not deny the District's jurisdiction. After discussion, it was moved by Member Roemer, seconded by Member Mitchell, that a variance be granted in this single case provided that a letter is received from the Plumbing Association stating that they will conform to District standards in the future. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None CITY OF MARTINEZ ANNEXATION ELECTION Mr. Monson, City Manager of the City of Martinez, appeared before the District Board to explain the action of the City Council in its discussion the previous night at one of its regular meetings relative to postponing the annexation election to be held on January 16, 1968. He stated that the City Council had voted 3 to 2 to proceed with the election. Mr. Monson also presented a letter from the City Clerk requesting pro and con statements be mailed along with the sample ballots. Mr. Horstkotte, General Manager-Chief Engineer, and Mr. Bohn, Counsel for the District, recommended that the request be denied and explained their reasons as not being in the best interest of the City or the District. 12 07 67 " After discussion, it was moved by Member Mitchell, seconded by Member Roemer, that the request for pro and con statements to be mailed along with sample ballots for the City of Martinez annexation election on January 16, 1968, be denied and that the letter of request be referred to Mr. Bohn, Counsel for the District, to reply, setting forth reasons for denial. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None NOTICE OF COMPLETION, DISTRICT SEWERING PROJECTS 1379 AND 1474 Upon the recommendation of Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Rustigian, seconded by Member Mitchell, that District Sewering Projects 1379 and 1474 work be accepted and that Mr. Horstkotte, General Manager-Chief Engineer, be authorized to file Notice of Completion. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None MATTERS FROM THE FLOOR RESTORATION OF MINER ROAD President Gibbs discussed with Mr. Horstkotte, General Manager-Chief Engineer, the restoration of Miner Road needed as a result of Local Improve- ment District No. 47 work. VII I. REPORTS COMMITTEES PERSONNEL COMMITTEE Member Allan stated that he and Member Rustigian, the Personnel Committee, had met with Mr. Horstkotte, General Manager-Chief Engineer, and had reviewed the salary recommendations of the District staff to become effective January 1, 1968. He presented to the Board Members a chart showing basic data used along with staff recommendations and the Committee recommendations. He explained the differences with the staff recommendations. He explained the new classification for Utility Man II was the result of having to upgrade the class in order to be more competitive and avoid turnover in employees. After discussion, the matter was continued to December 21, 1967. Member Allan expressed the appreciation of the Personnel Committee for the work done by the staff in arranging the chart in concise form, setting forth comparisons and staff recommendations. President Gibbs thanked the Personnel Committee for the professional type analysis of salaries. GENERAL MANAGER-CHIEF ENGINEER CONNECTION CHARGES Mr. Horstkotte, General Manager-Chief Engineer, stated that, with several Local Improvement Districts just being completed, he recommended that the residents be given until July 1, 1968, to connect to avoid increase in connec- tion charges to be effective January 1,1968. 12 07 67 : "" "~ "ORDINANCE NO. 69 "AN ORDINANCE PROVIDING FOR EXTENSION OF TIME TO CONNECT UNTIL JULY 1, 1968, BEFORE APPLICATION OF INCREASE IN CONNECTION CHARGES TO GO INTO EFFECT JANUARY 1, 1968, FOR THOSE LOCAL IMPROVEMENT DISTRICTS UNDER CONSTRUCTION DURING 1967 "The Board of Directors of the Central Contra Costa Sanitary District does hereby ordain as follows: "SECTION 1. "Section 4 of Ordinance 67 entitled "Publication and Effective Date" is hereby amended to read as follows: "Section 4. Publication and Effective Date. "This Ordinance shall be a general regulation of the District and shall be published once in the Contra Costa News Register, a newspaper of general circulation, published and circulated in the Central Contra Costa Sanitary District and shall be effective January 1, 1968; provided, however, that the rates contained herein shall not be applicable to Local Improvement Districts in which construction began in the year 1967, but rather the rates established by Ordinance No. 50, December 5, 1963; as amended by Ordinance No. 51, February 20, 1964; and Ordinance No. 52, March 5, 1964, shall be applicable to said Local Improvement Districts, which connect to the District prior to July 1,1968. "SECTION 2. Publication and Effective Date. "This Ordinance shall be a general regulation of the District and shall be published once in the Contra Costa News Register, a newspaper of general circulation, published and circulated in the" 'Central' Contra Costa" Sanitary District, and shall be effective upon termination of said'publication. "PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 7th day of December, 1967, by the following vote, to wit: "AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None "COUNTERSIGNED: "Isl Charles J. Gibbs President of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California "Isl Claude M. McPhee Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California" It was moved by Member Mitchell, seconded by Member Allan, that Ordinance 69 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None RADIO TRANSMITTER SITE Mr. Horstkotte requested authorization of $2,000.00 from Sewer Construc- tion funds to make an evaluation of a hill site for new radio transmitter location. After discussion, it was moved by Member Rustigian, seconded by Member Allan, that $2,000.00 be authorized from Sewer Construction funds for making an evalua- tion of a new hill site for radio transmitter location. Carried by the following vote: 12 07 '67 AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None NORTH MAIN STREET AND CROAKERTS ROAD SEWERS Mr. Horstkotte presented a letter from the City of Walnut Creek relative to rerouting sewer line at North Main Street and Croakerts Road; the City agreeing to relocate side sewer connections. Mr. Horstkotte requested $3,000.00 from Sewer Construction funds, estimated cost for the work to the District if the City cannot be shown to be responsible for the total cost of the work. After discussion, it was moved by Member Rustigian, seconded by Member Allan, that $3,000.00 be authorized from Sewer Construction funds to relocate sewer at North Main Street and Croakerts Road subject to staff effort to place responsibility for the cost of relocation on the City of Walnut Creek. Carried by the following vote: AYES: NOES: ABSTAINING: ABSENT: Members: Members: Member: Members: Rustigian, Roemer, Allan and Gibbs None Mitchell None COMMUNICATION FROM MT. VIEW SANITARY DISTRICT Mr. Horstkotte presented to each Board Member copies of an unofficial communication from Mt. View Sanitary District relative to sewer service from the District. EASEMENT AGREEMENT WITH PACIFIC GAS & ELECTRIC COMPANY FOR OVERHEAD LINES Mr. Horstkotte presented an easement agreement from Pacific Gas & Electric Company for relocating their overhead lines over a portion of the Crossroads Pumping Station in Orinda. He stated the agreement meets with the approval of the District staff and Mr. Bohn, Counsel for the District. The District to be paid $8,750.00. After discussion, it was moved by Member Rustigian, seconded by Member Allan, that the President and Secretary be authorized to execute the agreement with Pacific Gas & Electric Company for easement relocating its overhead lines over a portion of the Orinda Crossroads Pumping Station. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None COUNSEL FOR THE DISTRICT JOHNSON LITIGATION, LOCAL IMPROVEMENT DISTRICT NO. 44 Mr. Bohn, Counsel for the District, brought the Board Members up to date on the Johnson litigation, Local Improvement District No. 44. SETTLEMENT OF WESTERN PIPE CASES Mr. Bohn presented the District Board with a statement dated December 7, 1967, showing partial settlement of the Western Pipe Cases as related to the agreement dated November 16,1967, indicating the distribution of settlement funds as follows: Partial Settlement amount Promissory notes payable over seven (7) year period Partial Cash Settlement Reserve for claim of State Department of Public Wks. Cash for present disposition $148,896.23 19,200.63 129,695.60 23,132.39 $106,563.21 Less Costs advanced by CCCSD $ 35,521.07 6,563.21 $ 28,957.86 200.00 $ 28,757.86 Professional services @ 33-1/3% Less fees of Attorney General to date 12 07 67 ~ ':{ NOTE: PARTIAL SETTLEMENT MEMORANDUM Deposit to account of CCCSD State of California check #175066912 Due to Law Offices John A. Bohn Balance Hold in reserve account for claim of State Department of Public Works Deposit to CCCSD General Fund Total $123,132.39 28,757.86 $ 94,374.53 $ 23,132.39 71,242.14 $ 94,374.53 After an explanation from Mr. Bohn and discussion, it was moved by Member Roemer, seconded by Member Allan, that the funds received in the amount of $123,l32.39 from partial settlement of the Western Pipe price fixing litigation be deposited and distribution made in accordance with "Partial Settlement Memorandum" in the statement from Mr. Bohn dated December 7, 1967. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None IX. ADJOURNMENT At 10:15 o'clock P.M., the meeting was adjourned by President Gibbs to December 21, 1967. , 4 /~, ¿: '/ ~-C.-c::"r=./ ,.' ,/' President of théDistrict Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: , ..,") // //' /' r , -'/' ~f /, 'é, /" ,- "ç;F:./"~~ -', Se !y of the District Board of the Central èontra Costa Sanitary District of Contra Costa County, State of California 12 07 61