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HomeMy WebLinkAboutBOARD MINUTES 07-03-58 2.:1/1 MINUTES OF r\ REGULAR MEETING OF 111£ DISTRICT BOARD CE:~'lRAL CONTRA COSTA SA~ITARY DIS'lRICT HELD JULY 3,1958 The District Board of ~entral Contra Costa Sanitary Dist~i~t convened in a Regular Session at its regular place of meeting locat~rl at 1250 Springbrook Road, Walnut Creek, County of Contra Costa, Stat~ ü{California, on Jul~. 3, 1958, at 8:00 o'clock P.M. The ì1le~ting wa:> call.ad t.) order by President Fisher. I. ROLL CALL PRESENT: Members: Mitchell, Roemer, Salfingcre and Fisher ABSENT: Member: Spiegl II. APPROVAL OF MI~1JT£S The Minutes of the ,ne~ting of June 19, 1958, were approv~d as pres~l1têd. III. APPROVAL OF BILLS It was moved by Member Mitchell, secolld~d by Member Roe¡;¡~r, that the bills as audit,::!d by the Auditing Committee and as sabmitt~d by the District Manager be approved, reference being specifically made to Sewet' Construction Vouchus NuU1b~rs 141 t(') 155, inclusiv~, and Running Expense Vouchers Numbers 1790 to. 1934, inc1usiv~. Carried b}' the following vot¿: AYES: NOES: ABSENT: Members: Mitchell, Roemer, Salfinger,e and Fisher Members: 'None Memb~r: Spiegl IV. HEARINGS LOCAL D1FROVEME.',T DISTRICT NO. 36 ASSESSMENTS .t\¡~D VJORK President Fisher ope:aed the Hearing on Local Impr..:-vement Dist rict No. 36 Asses,:;:nent.5 and work and asked f;,To written protests, whi<".h were as foll'Jws: Assessment No. 36-6-7, J. P. Brannon Mr. Ja¡¡le~ Ring, attorney representing Mr. Brannon, presented plans, pi,:tures, and a letter dated June. 26, 1958, from the COU!11:y Flood Control est1'\blishing minimum require¡;¡;,;:nts for drainage through the property. ~Ir. pointed out that providing for drainage as required by the County Flood Control District wou1:i not allow the nu:'1ber of sites ou the land as it is presently assess~j. Ring Mr.. Ho rstkott<~, Engineer for local Improvement Dist rict No. 36, stated that he had seen the Flood Control District's l~tter for the first time at thi~ lilecting and :it was a possibili ty that, "u the basis of the letter, this \vollJ.j 1;"estr Ü:t the division of the property inb five builjing sites. Coritinued to the meeting of July 17, lQ58, for further invzstigation by Mr. Horst;{Otte and the Boar,j. \ Member Spiegl arrived at 8:08 ot:lock P.M. during the foregoing 11s- C'ISS 1;\11. Assessment No. 36-5-6, Fred W. Higgiâs Mr. Higgins stated that he had 'be¿n given inform<ttLm that certain p!".o- pi? rties had rec;?ived low assessment:5. o.z -03 .58 .'~. t t~ r~'.,)"-" ... Mr. Ho,rstl;:otte shted that the Higgins propet't~. was assess.(?d one òJnit. Mr. Horst.:wtte gave Mr. Higgins the amounts' of the assessments he questioned after which Mr. Higgins stated he had previously been misinfor\1l~d. It was mov~d b~' Member Mitchell, seconded by Memb,:!r Roemer, that the protest of M~. Higgins, Assessment Parcel No. 36-5-6 be denied. Carried by the following vote: AYES: NOES: ABSE':T: Membe 1;5: Members: Members: Mit,~hell. Roeuler, Salfingere, Spieg1 aurl Fisher None None Assessment No. 36-5-17, W. M. Malott Mr. Malott was not present. His letter protested five units of assess- ment and stat:.-d that four would be more equitab1.=. After an explanation from Mr. Horstkotte, Engineer for Local Improvement Distri~t No. 36, it was moved by Member Spieg1, seconded by Member Roemer, that the protest of Mr. W. M. Malott, Assessment Parcel No. 36-5-17 be denied. Carried by the following vote: . AYES: NOES: ABSENT: Membe rs : Members: Members: Mitchell, Roemer, Salfingere, Spieg1 and Fisher None None Assessment No. 36-8-4, Anna L. Martin Anna L. Martin was not present. Her letter protested the low assessment of her 'neighbor and work that had not been completed. Mr. Horstkotte, Engineer for Local Improvement District No. 36, stated that the work had be~n completed to his satisfaction and explained the 1/4 unit of assessment for Parcel No. 36-8-3, Larrabee, to Which Mrs. Martin referred. It was moved by Member Roemer, seconded by Member Salfingere, that the prot~st of &1I1a L. Martin as to the work be denied, Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Roemer, Salfinger¿, Spi~gl and, Fisher. None None Assessment No. 36-8-3, Henry Larrabee The District Board instructed that the owners of Parcel No. 36-8-3 (Larrabee) be notified that it is the intention of the Board, at the July 17, 1958, meeting, to increase their assessment from 1/4 unit tc 3/4 unit. Assessments Nos. 36-8-ó and 36-8-7, Francis C. and Audria M. Cline Mrs.-Cline protested the amount of the assessments due to the restrictive use of their properties. Access to a portion of the property is only by temporary use of the Canal road six months of the year and the requirements of the Flood Control District in providing for drainage of the area. Mrs. Cline stated that the Flood _Control will no longer permit homes to be built over drainage culverts. Mr. Horstkotte, Engineer for Local Improvement District No. 36, stated .that he did not consider drainage problems for a reduction of assessment; he said there were three properties in similar circumstances. Continued to the meeting of July 17, 1958, and Mr. Horstkotte was in- struct~d to check with the Flood Control District relative to drainage areas and the effect upon the properties. Assessment No. 36-9-12, George W. Green Mr. Green protested more than one assessment, stating that his home was built in the middle of the property. 07 03 58 , . . þ ..'~ ~,}~.) It was explained to Mr. Green that his was the mst frequent type of protest, that the assessments were against the land, and the location of the improvements was not considered. It was moved by Member Spiegl, seconded by Member Salfingere, that the protest of Mr. Green, Assessment Parcel No. 36-9-12 be denied. Carried by the following vote: . AYES: NOES : ABSEl':T: M¿mbers: Members: Members: Mitchell, Roemer, Salfing~re, Spiegl and Fisher None None Assessment No. 36-10-3, M. F. Koge1schatz Mr. Koge1schatz protested the assessm,~nt as being high in relation t(, th::: assessments on two adjoining parcels and said that Boyd Road was to be extended and a portion of his pr()perty taken. After an explanation of Mr. Koge1schatz' assessment in relation to other properties and a statement from Mé:'!11ber Mitchell that the County would have to comp~nsate him for the land taken including the assessment, it was moved by Member Mitchell, seconded by M.:!mber Spi-.~gl, tha t the protest of Mr. Kog~lschatz. Assessment Parcel No. 36-10-3, be denied. Carried b~' the f allowing vote: AYES: NOES: ABS£~IT : Members: Members: Members: Mitchell, Roemt:.'r, Salfinger.!:!, Spiegl and Fisher None None Assessment No. 36-13-2, J. H. Scaglione Mr. Scaglione's ietter reported that a portion of the assessed property had been sold but the remaining parcel was n.)t a buildable site. Mr. Scaglione asked that the letter b ~ v:ithdrawn. Mr. Horstkotte stated th~re would be no change in the as5essment. Assessment No. 36-14-2, C. R. Corts~n Mr. Cortsen protested that the paving on his prop(?rty was not restored properly and that a culvert needed restoration. Mr. Horstkotte, Engineer for Local Improvement District N:). 36, stated that h(~ was satisfied that the surfa:e was equivalent to that which existed prior to construction and was investigating the culvert replacement. Continued to the meeting of July 17, 1958. Ass~ssment No. 36-16-13, Frank W. Ladd and Hiram D. Hall Mr. Ladd protested the assessment du~ to the use of the property as a country club area with limited home building area. After discussion and it was pointed out to Mr. Ladd that the land use permit could be given up and the land us~d for home building, it was moved by Member Spiegl,. seconded b~' Member Mitchell, that the prot<:?st of Messrs. Ladd and Hall, Assessment Parcel No. 36-16-13, be denied. Carried by the following vote: AYES: NOES: ABSENT :' Members: Mel1lbe r: Members: Mitchell, Roe~er, Spi~gl and Fisher Salfingere None Ther,= being no other written protests, Pr~sidênt Fisher asked for oral protests. Assessment No. 36-13-1, David Boling Mr. John For:le, attcrn~y rep.resenting Mr. Boling, Assessment Parcel No. 36-13-1, stated that the parcel was not a building site and should not have been ass~5s,~d. Mr~' Forde stated that M.r. Boling was out of town and a written protest was on its way. ' . 0 t""'i ¡ ,t' ~ ,7""" ".,. :~ 11 '.,} ~IIÙ r" f) '\. A"'~ ,~"';" l..} 237 Continued to the meeting of July 17, 19?8, and Mr. Horstkotte was instructed to check the assessment. Assessment No. 36-6-1, John Ostrander Mr. Ostrander protested two units of assessment, s~ating he did n~t pave sufficient .frontage. . After explaining to Mr. Ostrander that the assessments were based pn two units including a front and rear parcel, it was moved by Member Sa1fingere, seconded by Member Spieg1, that the protest of Mr. Ostrander, Assessment Parcel No. 36-6-1, be denied. Carried by the following vote: I AYES: NOES: ABSENT: Members: Members: Members: Mitchel¡, Roemer, Salfingere, Spieg1 and Fisher None None ~ssessment No. 36-4-5, Beverly Fehliman Mrs. Fehliman stated their property was. already connected to the sewer in Boyd Road. After an explanation that the property was assessed for the work serving the property in Local Improvement District No. 36 and had not been ass~ssed in another Improvement District, it .was moved by M~mber Roemer, seconded by Member Spiegl, that the protest of Mrs. Pehliman, Assessment Parcel No. 36-4-5, be denied. Carried by the following vote: AY~S: NOES: ABSENT: Members: Members: Members: Mitchell, Roemer, Salfingere, Spiegl and Fisher None None Assessment No. 36-6-38, Antonio Turrin I Mr. Turrin asked the number of units assessed on Parcel No. 36-6-38 and, when informed, he presented a subdivision map. ready to be filed with the County which showed a fewer number of lots. . Continued to the meeting of July 17, 1958, for review by Mr~ Horstkotte and the Board. Assessment No. 36-6-32, Mrs. W. J. Anderson Mrs. Anderson questioned the assessment on her prop~rty and dis~overed that she had been misinformed and had not received a not~ce of ass~ssment on a small parcel that was sold on a Contract of Sale which was assessed separately (Assessment No. 36-6-33). She protested the amount of assessment on Parcel No. 36-6-32. It was moved by Membèr Mitchell, second~d by Member Roemer, that the protest of Mrs. Anderson be denied. Carried by the' following vote: AYES: NOES : ABSENT: Members: Members: Members: Mitchell, Roemer, Salfingere, Spiegl and Fisher None None President Fisher directed the Secretary to write to Mrs. Anderson and clarify for her the Assessments on Parcels ~os. 36-6-32 and 36-6-33. I There being no further protests, it was moved by Memb~r Spiegl, seconded by Member Salfingere, that the Hearing on protests for Local Improvement District No. 36 Assessments be closed except for those matters continued to the meeting of July 17,1958, for final determination. Carried by~the following vote: AYES: . Members: NOES: Membe rs : ABSENT: Members: Mitchell, Roemer, Salfingere, Spjeg1 and Fisher None None 07 03 58 238 V. OLD BUSINESS HOOPER LEASE RFl'JEWAL I OXIDATION PONDS PROPERTY Mr. Horstkotte, District Manager, reported that he had written a letter to C. A. Hooper and Co. stating that the lease would be continued starting September 1, 1958, but it was expected the land would be abandoned during the year and requesting that C. A. Hooper and Co. accept $750.00 of the $1,500.00 annual lease payment to cover a period of six months with a final settlement to be prorated if the land is used beyond the six month period. UTILITY AGREEMENT: WITH OTHER PUBLIC AGENCIES I Continued to the meeting of July 17, 1958. 1958-1959 BUDGET Continued to the meeting of July 17, 1958. NEW BUSINESS VI. PLANS AND SPECIFICATIONS FOR TRUNK SEWER D-16, K-3a, and R-3 (CHARLES HILL LINE) Mr. Horstkotte, District Manager,' presented plans, specifications, and a cost estimate of $207,264.50, and requested authorization to call for bids. It was moved by Member Mitchell:, seconded by Member Roemer, that bids be called for the work as covered by the plans and specifications for Trunk Lines D-16, K-3a, and R-3, Charles Hill, and Sewer Construction Bond Funds be authorized.. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Roemer, Salfingere, Spieg1 and Fisher None None QUIT CLAIM DEED TO ROBERT W. HUGHES , I It was moved by Member Spiegl, seconded by Member Roemer, that the President and. Secretary be authorized to execute the Quit Claim Deed to Mr. Robert W. Hughes, giving up the District's rights to the sewer reserve estab- lished in Lot 71, Moraga Manor subdivision. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Roemer, Salfingere, Spieg1 and Fisher None . None ACCEPTANCE OF EASEMENTS It was moved by Member Spiegl; seconded by Member Mitchell,. that easements from Kenneth J. Miorana, Albert C. Hubbard, Charles P. Hamilton, M. H. Stanley, Andrew J. Goulart, and Daniel P. Halstead be accepted and thei~ recording ordered. Carried by the following vote: AYES: NOES: ABSENT: .' Members: Members: ME!m be rs : Mitchell, Roemer, Salfingere, Spiegl and Fisher None None BOARD MEMBERS ELECTION RESOLUTION NO. 1124, CALLING FOR ELECTION OF BOARD MEMBERS ON SEPTEMBER 10, 1958, AND ESTABLISHING POLLING PLACES . I It was moved by Member Salfingere, seconded -by Member Roemer, that Resolutionc No. 1124 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Roemer,' Salfingere, Spiegl and Fisher None None 07 03 58 ~?~~~ VII. REPORTS DISTRICT MANAGER PURCHASE OF TRUCK WITH COMPRESSOR AND WINCH Mr. Horstkotte, District Manager, requested authority to pay $500.00 for the cost of a truck with compressor and winch under the Civ3..1 Defense agree- ment, to be kept in the District's possession subject to call. Jt was moved t-.y Member Spieg1, seconded by Member Sal(ingere, that $500.00 be authorized to cover. the cost of a truck with compressor and winch under the agreement with the department cf Civil Defense. Carried by the following vot,~: A YES: NOES: ABSENT: Members: Members: Members: Mitchell, Roemer, Salfingere, Spieg1 and Fisher None None SURPLUS EQUIPMENT Mr. Horstkotte, District Manager, reported on a trip to the San Leandro surplus yard of the Civil Defense Administration. RAT INFESTATION IN CON1RA COSTA CŒJNTY Mr. Horstkotte, District Manager, reported on a request from the County Administrator for the District's cooperation in getting rid of the rats wh:.ch Hre infesting the County. ~'iNEXATION TERMS I RANCHO EL RIO AREA It was moved by ~Iember Sa1fingere, seconded by Member Spiegl, that terms for annexing the Rancho E1 Rio area propertv be $191.00 per acre plus cost of processing. Carried by the following vote: AYES: NOES: ABSENT: Membt'I"s: Members: Members: Mitchell, Roemer, Sa1fingere, Spiegl and Fisher None None CARETAIŒR Mr. Horstkott<::, District Manager, reportèd that Mr. Peters, the temporary Caretaker, quit and he was enga¡;illg someone else until Mr. Fansler, on leave of absence, returns on August 4, 1958. GENERAL CONTRACTORS ASSOCIATION Mr. Horstkotte, District Manager, reported he had received a letter from the General Contractors Association setting forth the questions they wished answered regarding the operation of the District. He stated he was preparing a reply. COUNSEL FOR THE DISTRICT HARRIET STREET BRIDGE LITIGATION Mr. Nejedly, Counsel for the District, reported on the status of the Harriet Street Bridge suit with the County. I{ "~' ,""'1 ti ~'. ,ê " 'V !,!! ;'\ iÓ) \; (1~) Ç.: ;~,..~: ,. {" t.,iJ ',,' ';", ~ ~ , ."".:i:. .....J VIII. ADJOURNMENT At 11:15 o'clock P.M., the meeting was adjou:rnec1 by President Fisher to Thu:t:~dar, July 10, 1958, a Special Meeting to diSCtt~S the matter of legal Counsel for the Distri<:"t. 0 Sanitery District of C~1ifurnla CCJtTl'~TE.RS IGNE.D: ~/.~~ ---':-:":.-::~=' - d..... - ...>- ~{';l :;:'l'U 'I of the District Board of Central Contra Costa Sanitary District of Contra Costa County, Stat~ of California 07 03 58