HomeMy WebLinkAbout04-11-74 AGENDA BACKUPMINUTES OF AN ADJOURNED REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD MARCH 28, 1974
The District Board of Central Contra Costa Sanitary District convened
in an Adjourned Regular Session at its regular place of meeting located at
1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of
California, on March 28, 1974, at 8:00 o'clock P.M.
The meeting was called to order by President Mitchell.
I. ROLL CALL
PRESENT: Members: Boneysteele, Gibbs, Rustigian and Mitchell
ABSENT: Member: Allan
Member Allan arrived at 8:05 P.M.
Item continued.
None.
II. APPROVAL OF MINUTES
III. APPROVAL OF EXPENDITURES
IV. HEARINGS
1. REQUEST FOR GARBAGE RATE INCREASE BY ORINDA/MORAGA DISPOSAL SERVICE, INC.
President Mitchell formally opened the hearing on proposed garbage rate
increases requested by Orinda/Moraga Disposal Service, Inc. For the bene€it of
persons in the audience, he presented a synopsis of the garbage rate increases
requested by Orinda/Moraga Disposal Service, Inc.
Mr. Davis reported that copies of the staff report and recommendations
on garbage rate increases had been made available to management of
Orinda/Moraga Disposal, their accountant, Mr. Peter Brethauer, and to- Mr. John
Blackburn and Mr. Geno Banducci, representing The Orinda Association. He
further reported that -notice of the public hearing to consider garbage rate
increases had been duly published in the local news media.
A general discussion'followed wherein the Board reviewed the detailed
report prepared by staff and its recommendations for garbage -rate increases
for the year April 1, 1974, to April 1, 1975. Participating in the discussion
and review of staff's report were management of Orinda/Moraga Disposal
Service, Inc., their accountant, Mr. Peter Brethauer, and Mr. John Blackburn
and Mr. Geno Banducci representing The Orinda Association,.
After discussion and careful consideration by the Board of the matters
presented, President Mitchell then closed the hearing. It was then moved
by Member Gibbs, seconded by Member Boneysteele, that Orinda/Moraga Disposal
Service, Inc., be authorized a 12% increase in garbage rates for the period
April 1, 1974, to April 1, 1975, the 12% applies to all rates and is to be
rounded to the nearest 5�. Carried by the following vote:
AYES: Members: Gibbs, Boneysteele, Rustigian, Allan and Mitchell
-Staff was requested -to prepare a District Ordinance reflecting the above
decision for formal presentation to the Board.
At 10:18 o'clock P.M., President Mitchell recessed the meeting.
At 10:27 o'clock P.M., President Mitchell reconvened the meeting.
None.
V_ RTDR
VI. OLD BUSINESS
1. ENVIRONMENTAL IMPACT REPORT, LARWIN PUMP STATION PROJECT
Board Members reviewed the draft Environmental Impact Report for the Larwin
Pump Station Project and staff's evaluation of that report with proposed amendments.
After discussion, it was moved by Member Allan, seconded by Member Rustigian, that
the draft EIR, as amended by staff, Larwin Pump Station Project, be determined to
be in order. Carried by the following vote:
AYES: Members: Gibbs, Boneysteele, Rustigian, Allan and Mitchell
Upon the recommendation of Mr. Dalton, Deputy General Manager -Chief Engineel,
it was moved by Member Rustigian, seconded by Member Gibbs, that staff be
authorized to file Notice of Completion of the draft EIR, as amended, Larwin
Pump Station Project, with the Secretary of the State Resources Agency.
Carried by the following vote:
AYES: Members: Gibbs, Boneysteele, Rustigian, Allan and Mitchell
Upon the recommendation of Mr. Dalton, it was moved by Member Rustigian,
seconded by Member Gibbs, that a public hearing be scheduled for May 2, 1974, to
consider the draft EIR, as amended, Larwin Pump Station Project. Carried by
the following vote:
AYES: Members: Gibbs, Boneysteele, Rustigian, Allan and Mitchell
Upon the recommendation of Mr. Dalton, it was moved by Member Rustigian,
seconded by Member Gibbs, that a 40 day review period be established to permit
public agencies or persons to -consider the draft EIR, as amended, Larwin-Pump
Station Project. Carried by the following vote:
AYES: Members: Gibbs, Boneysteele, Rustigian, Allan and Mitchell
2. REPORT -BY COUNSEL FOR THE DISTRICT, LA ESPIRAL, ORINDA
Mr. Bohn, Counsel for the District, with Mr. Hinkson, Manager, Maintenance
Department, reported on the slide condition that exists at 154 La Espiral, Orinda.
They indicated that the probable cause of this slide condition was lack of
adequate flood control. Discussion followed.
VII. NEW BUSINESS
1. CONSENT ITEMS
None.
2. AUTHORIZATION FOR PRELIMINARY BUDGET ITEM (TEMPORARY SUMMER EMPLOYEES
After explanation by Mr. Dalton, Deputy General Manager -Chief Engineer,
itwas moved by Member Gibbs, seconded by Member Boneysteele, that authori-
zation to employ 23 temporary summer employees for 1974, be approved.
Carried by the following vote:
AYES: Members: Gibbs, Boneysteele, Rustigian, Allan and Mitchell
3. CLAIM OF BENTON P. AND SHIRLEY BERG IN THE AMOUNT OF $75.000.00
Upon the recommendaton of Mr. Bohn, Counsel for the District, it
was moved by Member Rustigian, seconded by Member Gibbs, to deny the claim
of Benton P. and Shirley Berg in the amount of $75,000.00 and refer the
claim to the District's insurance carrier. Carried by the following vote:
AYES: Members: Gibbs, Boneysteele, Rustigian, Allan and Mitchell
4. CORRESPONDENCE FROM BRUCE HALE, 48 VIA FLOREADO, ORINDA
Board Members, staff and Mr. Bohn, Counsel for the District, reviewed and
discussed correspondence received from Mr. Bruce Hale wherein he alleges
damage was caused to his property because of a slide condition. Mr. Hale
claims the slide condition was caused by faulty construction of the District's
sewer line servicing the area.
After discussion, it was moved by Member Allan, seconded by Member
Rustigian, that the correspondence of Mr. Hale be referred to the District's
insurance carrier. Carried by the following vote:
AYES: Members: Gibbs, Boneysteele, Rustigian, Allan and Mitchell
5. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA
None.
VIII. REPORTS
1. GENERAL MANAGER -CHIEF ENGINEER
a. Mr. Dalton, Deputy General Manager -Chief Engineer, recommended that
parcel 25 be deleted from the boundaries of District Annexation No. 41.
Discussion followed wherein Mr. Dalton suggested that, because of the
acreage involved with parcel 25, the Board consider deferment of annexation
to the District of this parcel until definative action has been taken bNr
the County Planning Commission in relationship to designation of the vounty's
"open space" area.
After discussion, it was moved by Member Boneysteele, seconded by
Member Allan, that parcel 25 be deleted from the properties involved in
District Annexation No. 41. Carried by the following vote:
AYES: Members: Gibbs, Boneysteele, Rustigian, Allan and Mitchell
W
b. Board Members, Mr. Dalton, and Mr. Bohn, Counsel for the District,
reviewed and discussed information prepared by staff regarding monies involved
and number of accounts that have exercised their option to employ the
District's elective fixture charge for sewer service.
After discussion, it was the consensus of the Board that Mr. Bohn,
Counsel for the District, prepare a District Ordinance for presentation
to the Board. Such Ordinance will reflect the decision of the Board to
terminate the elective fixture charge and to establish a formula.to process
in an equitable manner existing special sewer charge accounts so as to
provide for their elimination.
c. Mr. Dalton reported that certain grant conditions for the treatment plant
project had been included by the State and Environmental Protection Agency in
the agreement for grant funds, and the District was meeting all of them, but
needed further documentation relating to Mt. View Sanitary District.
Discussion followed.
2. COUNSEL FOR THE DISTRICT
a. Mr. Bohn reported on a recent decision of the California Supreme Court
regarding requirements of public agencies to maintain adequate records.
Discussion followed.
3. SECRETARY
None
4. COMMITTEES
None.
None.
IX. MATTERS FROM THE FLOOR
X. ADJOURNMENT
At 11:18 o'clock P.M., President Mitchell adjourned the meeting.
4
MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD APRIL 4, 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 4, 1974, at 8:00 o'clock P.M.
The meeting was called to order by President Mitchell.
1. ROLL CALL
PRESENT: Members: Gibbs, Boneysteele, Allan and Mitchell
ABSENT: Member: Rustigian
II. APPROVAL OF MINUTES
1. MINUTES OF THE MEETING OF MARCH 21, 1974
After comment by Member Gibbs, it was moved by Member Gibbs, seconded by
Member Allan, that the Minutes of the Meeting of March 21, 1974, be approved
after making the following corrections:
Under "VII NEW BUSINESS, item 9d" delete "title and second paragraph"
and insert the following:
Title - "AUTHORIZE FINAL PAYMENT OF $6 679.28 TO J. B: GILBERT AND
ASSOCIATES"
Second paragraph - "After discussion, it was moved by Member Boneysteele,
seconded by Member Allan, that authorization of $6,679.28 from the Sewer
Construction Fund as final payment to J. B. Gilbert and Associates for
consultant services to the District, be approved. Carried by the following
vote:
AYES: Members: Gibbs, Boneysteele, Rustigian, Allan and Mitchell
NOES: Members: None
ABSENT: Members: None"
Motion correcting the Minutes of the meeting of March 21, 1974, carried
by the following vote:
AYES: Members: Gibbs, Boneysteele, Allan and Mitchell
ABSENT: Member: Rustigian
2. MINUTES OF THE MEETING OF MARCH 28, 1974
Item continued.
III. APPTOVAL OF EXPENDITURES
After explanation by staff regarding Sewer Construction Fund Voucher
Number 2117, it was moved by Member Gibbs, seconded by Member Allan, that the
Expenditures as reviewed by rlember Gibbs of the. Expenditure Committee and
Member Allan, specifically Sewer Construction Vouchers Numbers 2101 to 2132
inclusive, Running Expense Vouchers Numbers 17953 to 18093 inclusive, Local
Improvement District No... 50 Voucher Number 200, Local Improvement District
No. 51 Voucher Number 30, Local Improvement District No. 54 Vouchers Numbers
5 to 8 inclusive, and Payroll Vouchers Numbers 4423 to 4548 inclusive, be
approved. Carried by the following vote:
AYES: Members: Gibbs, Boneysteele, Allan and Mitchell
ABSENT: Member:, Rustigian
None.
None.
IV. HEARINGS
V. BIDS
VI. OLD BUSINESS
1. ALTERNATIVES FOR ENERGY CONSERVATION FOR OPERATION OF THE WATER
RECLAMATION FACILITY
Board Members, staff, Mr. David Eisenhauer and Mr. Michael Flanagan,
representatives, Brown and Caldwell, reviewed and discussed a report submitted
by Brown and Caldwell which depicts energy requirements for alternative modes
of operation for the District's Water Reclamation Facility. Also discussed
were the availability of alternate types of fuel and the priorities
assigned on allocation of fuels for wastewater treatment facilities by
State and Federal Agencies.
At the conclusion, President Mitchell expressed the appreciation of
the Board to Mr. Eisenhauer and Mr. Flanagan for their report.
2. REVIEW OF PROPOSED DRAFT AGREEMENT AND LETTER OF TRANSMITTAL FROM
CENTRAL CONTRA COSTA SANITARY DISTRICT
Board Members reviewed and discussed a draft contractual agreement
prepared by staff which proposes certain conditions and terns for the
Sanitary District to treat and dispose of wastewater from Mt. View Sanitary
District. After discussion, it was moved by Member Allan, seconded by
Member Gibbs, that the President be authorized to execute the letter of transmittal
forwarding the draft contractual agreement to Mt. View Sanitary District.
Carried by the following vote:
AYES: Members: Gibbs, Boneysteele, Allan and Mitchell
ABSENT: Member: Rustigian
K
VII. NEW BUSINESS
I. CONSENT ITEMS
a. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT:
It was moved by Member Gibbs, seconded by Member Boneysteele, that
easements from:
Grantor
Westgate -French Co., Partnership
Westgate -French Co., Partnership
Contra Costa County Water District
J. Smoot, et al
A. M. Chambliss, et ux
D. F. Shapiro, et ux
LaJolla Development Co.
Green Valley Shopping Center Ltd.
Job No. Parcel No.
2189
1
2189
5 R-1
2247
1
2306
1
2381
2
2381
3
2389
4 R-1
2259
1
be accepted and their recording ordered. Carried by the following vote:
AYES: Members: Gibbs, Boneysteele, Allan and Mitchell
ABSENT: Member: Rustigian
b. AUTHORIZE EXECUTION OF QUIT CLAIM DEED TO:
It was moved by Member Gibbs, seconded by Member Boneysteele, that the
President and Secretary be authorized to execute Quit Claim Deeds to:
Westgate -French Co., Job No. 2189, Parcels 5A and B; and to La7olla
Development Company, Job No. 2389, Parcel 4. Carried by the following vote:
AYES: Members: Gibbs, Boneysteele, Allan and Mitchell
ABSENT: Member: Rustigian
2. AUTHORIZE EXECUTION OF AGREEMENT RELATING TO REAL PROPERTY WITH
MORAGA BUILDERS, INC., LID 24__PARCEL 2, WALNUT CREEK
After explanation by staff and Mr. Bohn, Counsel for the District,
it was moved by Member Gibbs, seconded by Member Boneysteele, that the
President and Secretary be authorized to execute Agreement Relating to
Real Property with Moraga Builders, Inc., LID 24, Parcel 2, Walnut Creek.
Carried by the following vote:
AYES: Members: Gibbs, Boneysteele, Allan and Mitchell
ABSENT: Member: Rustigian
3. AUTHORIZE EXECUTION OF GRANT OF EASE24ENT TO PACIFIC GAS AND ELECTRIC CO.,
MALTBY PUMP SITE, JOB NO. 1380
After discussion and explanation by Mr. Horstkotte, General Manager -
Chief Engineer, it was moved by Member Gibbs, seconded by Member Allan, that
3
the President and Secretary be authorized to execute Grant of Easement to
Pacific Gas and Electric Co., Maltby Pump Site, Job No. 1380. Carried by
the following vote;
AYES: Members: Gibbs, Boneysteele, Allan and Mitchell
ABSENT: Member: Rustigian
4. AUTHORIZE ACCEPTANCE FROM AND EXECUTION OF GRANT OF EASEMENT WITH SHELL
OIL COMPANY, JOB NOS. 1825 AND 1830, MARTINEZ-
After discussion, it was moved by Member Gibbs, seconded by Member
Boneysteele, that authorization to accept Grant of Easement from Shell Oil Co.,
Job Nos. 1825 and 1830, be approved and that the President and Secretary
be authorized to execute said Grant of Easement. Carried by the following vote:
AYES: Members: Gibbs, Boneysteele, Allan and Mitchell
ABSENT: Member: Rustigian
5. CLAIM OF GUILLEEMO CARRILLO IN THE A11OUNT OF $299.83
After explanation by staff, it was moved by Member Gibbs, seconded by
Member Boneysteele, that the claim of Guilleemo Carrillo in the amount of
$299.83 be paid following receipt of a signed Release in Full Settlement
and Compromise. Carried by the following vote:
AYES: Members: Gibbs, Boneysteele, Allan and Mitchell
ABSENT: Member: Rustigian
6. AUTHORIZE $370.90 FOR RETIREMENT PURPOSES, CASE OF GEORGE RIGGS
After explanation by staff, it was moved by Member Boneysteele, seconded
by Member Gibbs, that authorization of $370.90 to pay the District's share
in the case of George Riggs for retirement purposes, be approved.
Carried by the following vote:
AYES: Members: Gibbs, Boneysteele, Allan and Mitchell
ABSENT: Member: Rustigian
7. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA
None.
VIII. REPORTS
I. GENERAL MANAGER -CHIEF ENGINEER
a. Mr. Horstkotte reported that the State had given
approval for the District's Water Reclamation Plant, Phase
scheduled for Fiscal year 1974-1975. The estimated total
Phase II project is $15,250,000.00.
conceptual
II, with funding
cost for the
4
b. Mr. Horstkotte reported on the current status of construction for
the Water Reclamation Facility. He stated that 16% of the work had been
completed and that the anticipated progress payment to the Contractor for
the month of March 1974, is $1,300,000.00.
-c. Mr. Horstkotte reported on contingency plans developed by staff
to permit the District to continue to function in the event of emergency,
earthquakes,'or public disaster.
d. Mr. Horstkotte reported that he had issued a District directive
precluding the issuance of District sewage permits to contractors or
homeowners without prior presentation of a permit issued in compliance
with the California Occupational Safety and Health Act.
e. Mr. Horstkotte presented Board Members with a copy of a letter
dated April 4, 1974, addressed to the City of Concord. The purpose of the
letter was to review the current status of negotiations between the
District and the City regarding contractual:. treatment of Concord wastewater
and to suggest that the City of Concord present a counter proposal to the
District's proposal outlined in a letter dated August 29, 1973.
2. COUNSEL FOR THE DISTRICT
a. Mr. Bohn reported that he had established liaison with Mrs.
Linda A. Moody regarding her objections to the District's annexation in
principal of the Bryan and Blackhawk Ranches. Discussion followed.
b. Mr. Bohn presented Board Members with a draft of proposed remarks
to be made by President Mitchell regarding the County Water Quality Control
Study at the City Council meeting, City of Walnut Creek on April 8, 1974.
Discussion followed.
c. Mr. Bohn presented Board Members, for information, a copy of
a letter dated March 8, 1974, prepared by him and addressed to the
Retirement Board, Contra Costa County Employees Association. The purpose
of the letter is to obtain the opportunity for three District employees to
extend their membership in the County Retirement Program for professional
services they rendered for the period when Clyde C. Kennedy served as
"District Engineer." Mr. Bohn indicated that formal Board action on the
matter may be requested at the meeting of April 18, 1974. Item continued.
d. Mr. Bohn and Mr. Horstkotte, General Manager -Chief Engineer,
explained the terms and conditions of a contractual agreement with
Industrial Tank Co., Inc., regarding grant of easement rights from the Atchison,
Topeka, and Santa Fe Railroad Co., for a joint access road to service the
District's 42" outfall line and Industrial Tank property. After explanation
and discussion, it was moved by Member Gibbs, seconded by Member Allan, that
the President and Secretary be authorized to execute Agreement with Industrial
Tank Co., Inc. Carried by the following vote:
AYES: Members: Gibbs, Boneysteele, Allan and Mitchell
ABSENT: Member: Rustigian
5
e. After explanation by Mr. Bohn, it was moved by Member Gibbs,
seconded by Member Boneysteele that authorization to accept Grant of
Easement from Industrial Tantc Co., Inc., for an access road to the District's
outfall line, Bechtel Treatment Plant Expansion 1973, parcel 10, sub -parcels
E,F,G,H and I, be approved and that the President and Secretary be authorized
to execute said Grant of Easement. Carried by the following vote:
AYES: Members: Gibbs, Boneysteele, Allan and Mitchell
ABSENT: Member: Rustigian
f. After explanation by Mr. Bohn, it was moved by Member Gibbs, seconded
by Member Boneysteele, that authorization for the President and Secretary to
execute Grant of Easement to Industrial Tank Co., Inc., for an access road,
Bechtel Treatment Plant Expansion 1973, parcel 10., sub -parcels A, B-1 and B-2,
be approved. Carried by the following vote:
AYES: Members: Gibbs, Boneysteele, Allan and Mitchell
ABSENT: Member: Rustigian
3. SECRETARY
a. Mr. Davis reported that a copy of correspondence addressed to
Orinda/Moraga Disposal Service, Inc., had been received from The Orinda
Association dated March 29, 1974, which indicated persons authorized to
speak as representatives for The Orinda Association in matters of garbage
collection and rates.
b. Mr. Davis reported that a request for an increase in garbage rates
had been received from Lafayette Garbage Disposal Service, Inc. Discussion
followed wherein guidance of the Board was received by staff regarding
data and format desired by the Board in its consideration of requests for
garbage rate increases.
c. Mr. Davis presented Board Members with the agenda for April 8, 1974,
of the City Council, City of Walnut Creek, wherein President Mitchell is
to address the City Council on the County Water Quality Control Study.
d. Mr. Davis reported that correspondence had been forwarded this
date notifying affected cities, committee members, and the County Solid Waste
Management Policy Committee, that the District Board had scheduled a
public hearing on April 11, 1974, to consider the Final Report by the Citizens
Advisory Committee on Solid Waste Recycling.
4. COMMITTEES
a. PERSONNEL
Member Allan, Chairman of the Personnel Committee, reported that the
Committee had held discussions with Mr. Horstkotte, General Manager -Chief
Engineer, regarding job classifications and reorganization of the Accounting
ON
Division. Discussion followed with Mr. Horstkotte presenting a current
personnel summary. After discussion, it was moved by Member Allan, seconded
by Member Boneysteele, that authorization to advertise and hold
examination for an accounting position be approved. -Carried by the following
vote:
AYES: Members: Gibbs, Boneysteele, Allan and Mitchell
ABSENT: Member: Rustigian
b. NEGOTIATING COMMITTEE FOR CITY OF CONCORD
Board Members, Mr. Horstkotte, General Manager -Chief Engineer, and
Mr. Bohn, Counsel for the District, discussed the current status of negotiations
with the City of Concord regarding District treatment of wastewater from the
City of Concord on a contractual basis.
C. CITIZENS ADVISORY COMMITTEE ON SOLID WASTE RECYCLING
Member Boneysteele, Chairman of the Advisory Committee, suggested that
it was appropriate for the Board at the public hearing scheduled for April 11,
1974, after acceptance and consideration of the Advisory Committee's Final
Report, to formally dissolve the Cormiittee. Discussion followed.
IX. MATTERS FROM THE FLOOR
1. Member Gibbs reported on his personal schedule for attendance at future
Board Meetings.
2. In response to query, Mr. Horstkotte, General Manager -Chief Engineer,
reported that the State Personnel Board Salary survey is scheduled to commence
in June or July, 1974.
X. ADJOURNMENT
At 10:04 o'clock P.M., President Mitchell adjourned the meeting to
April 11, 1974.
7
April 8, 1974
!EMORANDUM FOR: HONORABLE MEMBERS OF THE BOARD OF DIRECTORS
JIA: G. A. Horstkotte, Jr., General Manager -Chief Engineer
3UBJECT: RESOLUTION ADOPTING WAGE SCALE
?ursuant to State Law, the District adopts a prevailing wage Scale for
)istrict projects. We request Board approval of this Resolution at
the April 11, 1974 Board Meeting.
Respectfully submitted,
Jack L. Best
Manager -Engineering Department
JLB:sf
16 Attachment
Recommend Approval.:
G.; AI Horstkotte, Jr.
G6,neral Manager -Chief gineer
4; 4/ 74
MEMORANDUM FOR.
VIA:
SUBJECT:
March 26, 1974
HONORABLE ME111BERS OF THE BOARD OF DIRECTORS
G. A. ForstIzotte, Jr., General Manager -Chief Engineer
DAMAGE CLAIM FROM MR. G..CARRILLO, 12 PARKWAY CT., ORINDA,
$299.83 FOR PLUMBER'S BILL AND PROPERTY DAMAGE.
PROBLEM: On Decemher 27, 1973 a District crew relieved a stoppage in
the se-wp-r -main serving the Carrillo residence.
BACKGROUND: Before the'main eras cleared,.an.overflow in.the bathroom
damaged floors, and carpeting._. The Carrillo's..called a plumber -who
worked 3 hours, before. calling the_ District. His hill is included.
RECOMMENDATION: Pay claim for.$299.83.
Respectfully submitted,
Robert H. Hinkson
Manager, Maintenance Department
RHR: yb
Recommendation Approved:
G./`A .jHorstkatte., 1'r.)
Gener 1 21anager=Cllin,V Engineer
e
V11. New -Busine1
6
4/4,/74
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)WARD W. LEAL. TREASURER
March 25, 1974
Central Contra Costa Sanitary District
P. 0. Box 5266
Walnut Creek, CA 94596
Dear Sir;
If George Riggs buys the temporary time that is mentioned in the
enclosed letter, it will cost the Central Contra Costa Sanitary
District $370.90.
We will notify you if he does buy this time.
Very truly yours,
Edward W. Leal, Treasurer
Contra Costa County
0. Russell
,t Administrator
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March 21, 1974
George L. Riggs
65 Crest Avenue
Walnut Creel:, CA 94595
Dear sir. Riggs:
We have calculated that it will cost $502.36 to buy the temporary time
that you worked for the Central Sanitary District from 6-15-64 to 2-1-65
when you went under the retirement system. This amount includes interest
to 6-30-74 and gives you a credit of .6278 years.
We have estimated that if you retire on 7-1-74, you would receive $278.46
as a monthly allowance - if you buy the temporary time you will receive an
additional.$18.57 for a total of $297.03.
Please make the check payable to Edward W. Leal, Treasurer.
Very truly yours,
Edward W. Leal, Treasurer
Contra Costa County
by: enjamin 0. Russell
Aiq!rf'irement Administrator
cc: Central Sanitary District
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SUBJECT:
VII. NeMisinest
4
4/4/74
April 4, 1974
HONORABLE MEMBERS OF THE BOARD OF DIRECTORS
G. A. Horstkotte, General Mianager-Chief Engineer
GRANT OF EASEMENT FROM SHELL OIL COMPANY FOR TWO PARCELS NEAR
ESCOBAR STREET AND THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY,
IN MARTINEZ, JOB NO. 1825 & 1830
PROBLEM: Shell Oil Co. is granting these easements subject to several conditions.
We have accepted other easements from them in the past subject to similiar con-
ditions. A summary of the conditions follows:
1. We are not to interferewith Shell's use of the land.
2. If Shell wants our sewer line moved, it shall be done at their expense.
3. After construction by us, we restore surface of land to prig condition.
4. Reasonable right of access. We pay for any damage by us to their roads.
5. Shell can cross our line with pipes, roads or other facilities.
n. We shall comply with all laws and safety regulations
7. We agree to defend and hold Shell harmless for any loss, damage or
liability, unless sole negligence is of Shell Oil.
8. We shall not assign these rights without Shell's approval.
IF 9. All notices must be in writing.
10. Rights are subject to any existing easements; we agree never to contest
Shell's right, title and interest in the premises.
BACKGROUND: These easements are needed to facilitate repairs in the area
and to provide an easement for an existing line which prior to this time was
not in an easement.
RECOMMENDATION: Accept Grant of Easement subject to the conditions and authorize
its recording.
Respectfully submitted,
Z,
�,Jack L. Best yr
Manager -Engineering Dept.
JLB:sf
Recommendation Approved:
G. A; Horstkotte, J.
General Manager -Chief Engineer
VL. O.I d Business
4/4/ Ti
Draft
12-26-73
AGMEE,TENT
Tl-ii s Agreement , made ane entered into this day of
197_, by and between Alt View Sanitary District, a Public Dorporation, hereinafter
called"Mt View"and Central Contra Costa Sanitary District, a Public Corporation,
hereinafter called "Central".
W I T N E S S E T H
1. WHEREAS, Central operates a complete sewage treatment and disposal plant,
including outfall, and trunk sewers, and is constructing a substantial modification
of its treatment facility, including provisions for water reclamation and resale.
At,c: ,
2. MIEREAS, Mt View plans to expand and improve its wastewater management
program to comply with resolutions of the Regional Water Quality Control Board and
in accordance with conditions established by the State relater Resources Control Board
for securing State and Federal financial assistance. And,
3. 1,-PPEREAS, Eke Cantral to comply with conditions for securing State a_,d
Federal financial assistance has agreed to accept flow from Alt View based on a fair
and equitable agreement. And,
4. UHEREAS, the planned capacity of the expanded facilities of Central will be
sufficient to handle the anticipated flow from Mt View but will undoubtedly have tc
be further expanded to provide for Mt View growth and service to Central and areas
within its ultimate service area not now served by Central's sewer facilities, and
hence the projected costs of such further expansions to replace capacity allocated
to .fit View must be included within the terms of this Agreement. And,
5. WHEREAS, the public interest, economy and general welfare of the taxpayers
of the County of Contra Costa and each of the parties to this Agreement will be best
served by Mt View's disposing of all of its sewage into sewage disposal facilities
of Central.
It is, therefore, mutually agreed that Mt View shall deliver all of its sewage
to Central for treatment and disposal in accordance with the terms and conditions
hereinafter prescribed.
1, Mt View Operation of Collector Svstem.
pit View shall continue to own, operate, finance and control all cciia.�tor
and transmission systems within Mt Vieur and not within Central bosndari.=s, is
transmission lines outside of Mt View, acid said collection and transmission
systems shall not be part of this Agreement with the Central, nor shall Centr-=l.
have any responsibility concerning same except as specified in paragraph 7 oL7
this Agreement. Provided, however, that Mt Vied* shall not control any sewage
facilities within the boundaries of Central.
2. Connection to Central's system.
Mt View and Central have agreed upon connecting points, for the connection
of the collection and transmission systems of Mt View to the trunk sewer
and interceptor systems of Central, and appropriate plans and diagrams of
these points of connection are attached to this Agreement as Exhibit "A".
3. Measuring Records.
Mt View shall install, operate and maintain flow measuring and recording
devices for measuring and recording the total sewage flow from Mt View into
Central's facilities. These shall be installed at the sole cost of Mt View
at such locations as shall be determined by Central and shall be used for
monitoring purposes for the quality and quantity of the s�2wage flow from
Mt View's to Central's facilities.
In the event that for any reason and at any time there is a substantial
change in the character of sewage or waste being delivered to Centrals lines
from Mt View requiring special treatment by Central, Central shall then
determine the reasonable and necessary additional fees, if any, to be paid
by Nt View to Central to compensate for any additional costs in treating said
sewage and Mt View shall pay said additional fees when billed.
4. Control Manholes.
When required by Central, Mt View, if it disposes of industrial wastes into
Central's system, shall install suitable control manholes in locations approved
by Central, to facilitate sampling and observation. Such manholes shall b
accessible and safely located and shall be constructed in accordance with plans
approved by Central.
5. Pro Ration of Charges
Central shall receive, carry, treat and dispose of all sanitary sewage
collected by Mt View and delivered to the points of connection with. the Central
system. The chart which is attached as E:,hibit "B" to this Agreement has used
an average percentage of assessed valuation of which is the best judgment of
the parties hereto as to the average relative projected share of .It View over
the foreseeable future. Provided, however, that in accordance with the sections
on "Costs and Charges" in this Agreement, the prorations of costs shall be in
accordance with the respective total assessed valuations of the parties, as
determined yearly by Contra Costa County. Provided further, that if any
limitations on the amount or character of sewage and waste discharged or
handled by Central are adopted by any regulatory agency, or limitations as
to connections or flows within Central's system shall be adopted by any
regulatory agency, said limitations shall be applied to Mt View by Central in
the same proportions as Mt View assessed valuation bears to the total assessed
valuation of Central and Mt View shall thereupon compensate for such limitations
by limiting the use of its collector system to conform.
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6. Maintenance acid Operation by Mt View.
Mt View shall bear all the costs involved in delivery of its sewage to the
agreed points of connection and such costs shall induce, but not be limited
to, th installation, maintenance and operation of pumping facilities, pipe -
.Lines, structures, flow measurement facilities and control manholes.
7. Type of Sewa e and Glaste: Ordinances and Re ulations.
All sewage and industrial waste discharge from Mt View's system into
Central's system shall be in confirmity with the requirements of the Federal.
Govarnmert, State of. California., and Central. When necessary, •industrial
waste shall be so pretreated that it will not be detrimental to the efficient
operation of Central's treatment plant.
rit View shall conform to applicable Central Ordinances and construction
specifications and, in addition, adopt such ordinances, orders and regulations
as are necessary to effectively enforce this section and other provisions of
this coIt,:-.ct. Any such ordinances, orders cr reg,ulationG .shall contain .�
provision that no excessive inflow such as storm water, roof drainage or
other water or wastes other than sewage and industrial waste shall be dis-
charged into any sewer. Mt View shall rigidly enforce said ordinances, orders
and regulations and Central shall have the right from time to time to make such
inquiries or inspections as in the opinion of Central may be required to
ascertain the degree and type of enforcement thereof.
Subject to these conditions, Central assumes the responsibility for
meeting all discharge requirements of regulatory agencies.
8. Costs and Chares.
As a reasonable measure of average seTaage flows and strengths for this
contract the costs and charges (both capital and operating) to be paid by
Mt View to Central shall be in accordance with prorations of Mt View's total
assessed valuation as compared to the total assessed valuation of the Central.
The manner in which Mt View collects its funds to pay its share to Central is
solely within the discretion of Mt View, unless Central is required to adopt
a specific revenue plan for its entire service area, in which case Mt View
will adopt said mandated revenue plan also. Provided also, that Mt View's
collection methods shall be in accordance with State and Federal statutes and
regulations and in accordance with the conditions of any grant contract to or
with Central or Mt View.
Payments from Mt View to Central shall be for commonly used facilities
and shall be generally of two basic types, i.e. (a) payments toward capital
expenditures of Central and (b) payments toward operating and maintenance
charges of Central, in the manner hereinafter set forth. Commonly used
facilities shall include all facilities for sewage transmission treatM:.nt
and disposal, (including wastewater reclamation) which are used by Central to
provide service to Mt View. Revenue from sale of reclaimed waste water
shall be deducted from operational costs.
(A) Capital Costs (initial ayments)
Payments for capital expenditures Eor cpTnmonly used facilities of
Central to July 1, 1973
-3-
1. Depreciated Value of Treatment Plant and Outfall sewer
7'0 of $4,638,000 = $324,660
2. Payments by Central for future treatment plant facilities
to be commonly used (Recovery of about 85% anticipated
under grant programs)
7% of $3,850,406 = $269,528
3. Payment for portion of trunk sewer installed under Local
Improvement District No. 50 and jointly financed locally
by the City of Martinez and Central (said payment amount to
be subject to the approval of the City Council of the City
of Martinez)
I td i� 94
5.r30% of# $ 202,200 -� � � � _. $695�288
of a i
(B) Capital Costs - Annual
The anticipated annual capital costs are those generally described
in subparagraph G of this paragraph 8, which, for the sake of illustration,
are referred to herein as treatment plant capital improvements, bond service
and notes, and short term notes. Exhibit "B" attached to this Agreement, has
further illustrated the nature and estimated projections of these costs, but
the parties hereto understand and agree that such estimates and projections
are to be considered as guides and illustrations only and not final figures of
anticipated costs to Central and Payments by Mt View.
(C) Payments Toward Operations and Maintenance of Commonly Used Facilities
1. Defined. Maintenance and operating costs are Central's costs
of maintaining and operating the commonly used facilities in efficient working
condition without increasing their capacity or appreciably extending their
life, and administrative and general costs that the maintenance and operation
items bear to the total Central operating budget.
Reference is made to Exhibit "B" for illustrative projected costs
and, as in the case of subparagraph (B) preceding, the parties understand that
all projections and statistics used are estimates only and not final figures,
which latter can only be arrived at by applying the formulas referred to in this
Agreement from time to time as exact costs are known. Subject to these con-
ditions, the following are the illustrative costs for treatment and disposal and
administration in general:
2. Total Treatment and Disposal
(1976-77) estimated at . . . . . . . . . . . . . . $2,620,000
3. 50% of Administration and General
(1976-77 estimated at . . . . . . . . . . . . . . 435,000
-4-
(D) Interim Operations and ?Maintenance Charges.
It is twat a charge of $47.45 t.�- r mili ioih oa:lions for raw
(uncreat.ed) sewage dt live red by -Mt View to Cer�tr<.l's -ystem will he made
for operation and maintenance, including administrative and general
charges, until July 1, 1976; and that a charge of $30.00 p`r trillion gallons
for sewage treated at Mt View's sewage treatment plant, to standards
established by the San Francisco Bay Regional ?dater Quality Control Board,
and delivered 'to th �#ntra � sygtem as show, on Exhibit "A", will be made
until July 1, 7976;PM ""Iiewtaihare Central's cost of operation
and maintenance, including administrative and general overhead charges, for
treatment and disposition of sewage in accordance with Section 5 "Pro Ration
of Charges" and Section 8 "Costs and Charges", particularly Sections 8 (C)
and S (G), of this contract.
(h) Mt View shall be obligated to Central on the effective date of this
Agreement to share expenditures of Central knd the City of Martinezan the
following anhvhmrs
1. Its proportionate share based on total assessed valuations as
of that date of the depreciated total value of commonly used treatment plant
and olltfall. sewer facilities based on the Uniform System of Accounts.
2. Its proportionate share based on equal use of the cost of the
portion of L.I.O. 50 trunk sewer which will be commonly used with the City of
Martinez service area.
3. Its proportionate share, based on the total assessed -valuations
of each party as of that date, of the amounts paid by Central for planning,
inc.1.11ding engineering, financial, and legal consultant fees, Central salaries
and other related costs, research, pilot testing programs, and other costs
incurred for the planning for construction of facilities to be commonly used.
4. Payment of one or both of the foregoing obligations of Mt View to
Central may, at the option of Mt View, be made by Mt View in equal semi-annual
installments which will amortize the total amounts due over a period of not to
exceed four (4) years with interest computed semi-annually at the sate rate as
the effective yield on Central investments or Contra Costa County investments
if Central. has no invested capital.
(F) Subject to the provisions of subparagraph*3 preceding, any and all
of the shared totals of capital costs shall be reduced by the amounts received
by Central in federal and state subventions.
(G) Annual Capitalization of New Facilities Cornonly Used.
After the effective date of this contract, Alt View shall pad- to
Central capitalization costs of proposed new facilities to be co=only us:=d
on the following basis:
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1. On or before July first of each year Central shall submit to
Mt View an estimate of Central's capitalization needs for the coming fiscal
year and a sc:ledule of payments of Mt View's share of such estimate by Mt View
to Central, and "-It View s!iall make payments as scheduled. Within 90 days aster
the end of each fiscal year the estimate shall be reconciled with the actual
expenditures and Mt View shall be billed or credited with the difference and
the adjustment made on the subsequent fiscal year payments. Mt View shall pay
to Central its proportionate share of Central's payments for planning for
future improvements of commonly used facilities as such expenditures occur.
2. Annual capitalization costs shall include, but not be limited to,
construction contract payments, engineering for improvements by both Central
staff and consultants, bond service costs, borrowing costs of any nature what-
soever, financial consultation costs, administrative costs, and other relate;,
capital costs for commonly used facilities.
3. Mt View shall maintain a Wastewater Capital Improvement Fund
as required by the State. Said Mt View depreciation fund shall never be less
than the proportion of the Central depreciation fund established by ratio of
total assessed valuations, and shall be available for construction of commonly
used facilites when required.
(H) Sharing of Operation and Maintenance Costs of Commonly Used Facilities.
Mt View shall pay semi-annually on the first of January and the first
of July, or as soon as thereafter billed, its share of costs of operation and
maintenance of commonly used facilities based on the ratio of assessed valuations.
Mt View shall pay on the first of April and the first of October an amount equal
to one-half (1/2) of the immediately preceding semi-annual payment.
(I) State and Federal Requirements.
The State of California and the Federal Government may, through con-
ditions on grants, waste discharge regulations or plans, impose requirements
relating to service charges, source control, inflow/infiltration, cost sharing
and industrial waste ordinances, and other aspects of wastewater management.
tit View agrees to comply with and implement all such requirements as
agreed to by Central, and Central agrees to consult with Mt View where
significant new requirements are imposed.
9. Termination by Annexation
In the event that all or a portion of the sewer facilities within ::t View
which are being operated by Mt View in accordance with the terms of this Agreement,
are annexed to Central, then and to the extent of such annexation, this Agre—ent
stall terminate as to such facilities and appropriate fiscal adjustments will be
made. tit View shall not annex any properties which can be served by Central's
Martinez trunk (Line M, LID 50) or which would pay watershed or rebate charges to
Central.
10. Periodic Review of Agreement
The parties recognize that the elements of this Agreement are complex and
- 6-
that final projections for an indefinite period are difficult to mane.
Accordingly, the parties will, each three (3) ytsars, on the anniversary of ,:'!.2
date of the et:ecution hereof, review the de-toil's and financial elc•:;:;:nt: of
this ?gri .m- nc ,::, in 4v<<lt that cne ar,:2 is work-ing uzreaso^�'; 1
hardship:; on either of th!f parties, appropriate u ii:SsL-ments car be
11. Arbitration
If at any time any dispute, difference or question shall arise beteea the
parties hereto with reference to the constructive meaning, or effect of this
agreement, or any of its provisions, or the rights, privileges, k2ut Ls _jr
obligations of the parties hereto, or either of them, such dispute,
or question shall be submitted to the State Wiater Resources Control E_,ard
(Division of Water Quality Control) of the State of California for arbitracior_
and dQtermination.
12. IN WITNESS 14BEREOr the parties hereto have executed this Agreement as of
the -day of 7 197
ATTEST:
ATTEST:
Secretary
Secretary
MT VIEW SANITARY DISTRICT
Bv:
CENTRAL CONTRA COSTA SANITARY DISTRICT
By:
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VII. Naw Bus:
3
4/4: 74
April 4, 1974
MEMORANDUM ci : HO1i0F' �,E OF THE BOARD OF DIRECTORS
VIA: G. A. Horstkotte, Jr., General Manager -Chief Engineer
SUBJECT: GRANT OF EASEMENT TO PACIFIC GAS AND ELECTRIC COMPANY, ACROSS
OUR MALTBY PUMP SITE PROPERTY, JOB NO. 1380, LOCATED NORTHEF.Iy
OF THE TREAT'_KENT PLANT AND VEST OF PACHECO CREEK.
PROBLE.1: The Pacific Gas and Electric Company has requested this easement
far the installation of power poles and appurtenances thereto across the south-
western 5.00 feet of said pump site property.
BACKGROUND: Staff has reviewed P.G.&E's request and has determined that the
location will not interfere with our use of this property.
RECOMMENDATION: Approve P.G.&E's request and execute Grant of Easement.
Respectfully submitted,
Jack L. Best
Ma ager-Engineeriri.g Dept.
JLB:sf
Recommendation Approved:
i
G. A. orstkotte, Jf'.
G-•ener 1 Xanager-ChieXn inee � g r
.1
1 4, 1974
ML',10RANDUIT FOR: HONOT0tBLE MEMBERS OF TOE BOA DD OF DIRECTORS
SUBJECT:
VII. New ,Businer
2
4/4/7r
G. A. Horstkotte, Jr., General Manager -Chief Engineer
"AGREEMENT RELATING TO REAL PROPERTY" WITH P4-*k BUILDERS
INC., L.I.D. 24 - PARCEL 42, WALNUT BLVD., MCDONNELL IN.
AREA OF WALNUT CREEK.
PROBLEM: tturaga Builders has constructed a concrete retaining wall within
our sewer easement but offset approximately one foot from our sewer pipe.
They are now requesting that `,,e execute an agreement to allow them to
maintain the wall in its present location.
BACKGROUND: Staff has determined that the wall does not interfere with
the use of our sewer, but if it is in the way or causes damage to our pp-_
in the future the "Agreement" holds the property owner responsible and
liable for any damages.
RECOMMENDATION: Approval. Execute Agreement and authorize its recording.
Respectfully submitted,
��.�-tom!' .� , � �_� f�. ►��
Jack L. Best
.pager -Engineering Dept.
JLB:sf
Recommendation Approved:
G. Horstkotte, J h,
en¢ral Manager -Chi Engineer
BOARD OF DIRECTORS
RICHARD J ITCHELL, Presid!:nt
DON L.ALLAN
PARKE L BON'EYSTEELE
—,tiARLES J GIBBS
..EORCF'. A. RUSTIGIAV
C 4TRAL CONTRA COST'
•`
SANITARY DISTRICT
1250 SPRINGBROOK ROAD
MAILING ADDRESS: P.O. BOX 5266
WALNUT CREEK, CALIFORNIA 94596
TEL. 934-6727 AREA CODE 415
April 4, 1974
Board of Directors
Mt. View Sanitary District
P. 0. Box 2366
Martinez, California 94553
Gentlemen:
G. A. HORSTKOTTE. JR.•
Endneer
ERNEST K. DAVIS
i LL.
Our two Boards have previously met in joint session to discuss
possible means of consolidation of Districts and/or District functions.
It was our understanding that political or complete consolidation was
in no way acceptable to you, but that you would consider combining
sewage treatment and disposal under certain conditions. Our staffs
have further discussed points of connection from Mt. View to Centrals
system and other related matters.
We are submitting herewith for your. consideration a preliminary
proposal which we believe can lead to a fair and equitable service
contract limited to sewage treatment disposal, tale have not included
"E=h.ibit B" nor have we discussed the trunk sewer payment with the
City of Martinez since this is only a preliminary draft.
We would appreciate your review, consideration, and comments
on this proposal.
Yours very truly,
CENTRAL CONTRA COSTA SANITARY DISTRICT
Richard J. Mitchell
President of the District Board
RJX = 3 v
enc.
cc: State dater Resources Control Board
Regional Water Quality Control Board