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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 CONTRA COSTA CCU'., !..,_ 11�4P`. �..y I I S' EZI_ TI RI, 'E'-N-: .ASSOCIA I-10.NT ROOM 102. BUILDING '•tAfi"'"'N�Z, : O`INIA 94553 )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 �'EIVE:0 rY,R ❑te to ;X! i'V".. Wt :asa R:.d ny Gen. Av„ Cie. Ens. Ce?uty Maes-:er !T_ �ytretsry _ aistt:ct couoz.l UB :arnset —... — Accnda Acccxati.g -- Engi"OVI.g _—._ - ."intln2O[6 _ _�_ PI:nt 'Aw6flvns Fe.m+t rasw^fed Date rM r2m" L A C'ONT'1Z A COSTA ('OUNTY i--N1N.OY1--FS' _ ss"'X 3ATION 0 HOOM t07. F-INANCE BUI! OING M .1H FiNI_ _. �"ALIT C'i: NIA •i?jS LG:•lAH7 LY. L'LAF_, 'FHLASUREF: I L L P H 1N f. BENJAMIN0 RUSSr..L!_, RC.-rIREM::NT AOM9N191 HATOR E_}'TGIN EtpN 3"+. 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 BOR:rsd JA soven IVA Z 6 ; 7 4 ale •o X; au.cn ",..:n:o Read b; ,t;y,!ty Wnxgxr scr:Ftaq Diitrct Count.l LID Couns-A _ Agenda Accounting Engirmin,; FAaintennnca Plant Owtations _ e'trtnit lnsowad 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. —2- 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: -5- 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: - 7- �Z\.a2=Izo ,•f aE 33 x °�ff 4 0.2 O.O.O OA aO.OT l'^ r .A 3aAutaAa _ aESS X �^ _x zss x m c� •sBos x fa�i ix L =tom v+oA-N ��wvro6 OA '.CE � �`► 0.3005 .O4 Ot.OE 'j1A�MTA3S1''C � o, a\AAsq\ " / NJANOZ' 1 OA a: 'i \ \sQ\ HJAN327TOa � t OA R E a ili A��J AJAFtOEST '�`� aaa►.s / fl -- 1' ■ �r I f, JA OTC* ayi + 3 *=FM � 11MMAQ. wrofib •i 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