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.
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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
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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
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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
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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.
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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
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