HomeMy WebLinkAboutBOARD MINUTES 12-07-67
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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
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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,
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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.
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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.
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"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:
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'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
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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.
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President of théDistrict Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
COUNTERSIGNED:
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Se !y of the District Board of the
Central èontra Costa Sanitary District of
Contra Costa County, State of California
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