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HomeMy WebLinkAboutBOARD MINUTES 03-06-58 197 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD MARCH 6, 1958 I The District Board of Central Contra Costa Sanitary District conv~ned in a Regular Session at i~s regu~ar place of meeting located at 1250 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on March 6, 1958, at 8:00 o'clock P.M. . The meeting was called to order by President Fisher. I. ROLL CALL PRESENT: Members: Mitchell, Roemer, S~lfingere and Fisher ABSENT: Member: Spiegl II . - APPROVAL QF MlNUTßS It was moved by Member Mitchell, seconded by Member Roemer, that the Minutes of the meeting of February 20, 1958, be approved subject, to adding to the fourth paragraph under V. OLD BUSINESS, MR. W. H. WESTERMAN PR9TEST OF ASS~SS~ŒNT NO. 37-9-4.CONTI~~ED the following: "The evidence. presented by Mr. Westerman did not satj.sfy the Board that the parcel was not a legal building site." Carried by the following vote: I AYES: NOES: ABSENT: Member s: Mem ber s: Member: . Mitche~l, Roemer, Salfingere and Fisher None Spiegl III. APPROVAL OF BILL$ It was moved by Member Roemer, seconded by Member M~tche1l, tha~ the bills as audited by the Auditing Committee and as submitted by: the Distric~ Manager be approved, reference being specifically made to Sewer Construction Vouchers Numbers 96 to 100, inclusive, and Running Expense Vouchers Numbers 1159 to 1310, inclusive. Carried by the following vote: AYES: Members: Mitchell, Roemer, Sa1fingere and Fisher NOES: Members: None ABSENT: Member: Spiegl IV. HEARINGS LOCAL IMPROVEMENT DISTRICT NO. 35 ASSESSMENTS President Fisher opened the Hearing on Local Improvement District No. 35 Assessments and c~lled for written protests. Letter from Frank anCii Elinor Wagener, protesting Assessment #35-5-13, was read. I Member Roemer stated that he had explained the asse~sment procedure to Dr. Wagener prior to the meeting and he believed that Dr. Wagener would withdraw his protest. Dr. Wagener withdrew his protest. Letter from Mrs. Alma Biake Geise, protesting Assessment #35-3-6, was read. Mr. Horstkotte, Engineer for Local Improvement District,No. 35, stated that there were two building sites and the ~roperty was assessed accordingly. 63 -&-2- 06 58 -1 ~8 It was moved by Member Roemer, seconded by Member Salfingere, that the protest against the amount of the assessment on Parcel #35-3-6 by Mrs. ~lma Blake Geise be denied. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Mitchell, Roemer, Sa1fingere and Fisher None Spiegl Mr. Horstkotte, Engineer for Local Improvement District No. 35, was instructed to write a letter of explanation to Mrs. Geise. Member Spiegl arrived at 8:15 o'clock P.M. I Letter from Stanley Randolph Kendall and Joan Burris Kendall, protesting two units of assessment on Parcel #35-6-9, was read. Mr. Horstkotte stated that there were two building sites and the sewer line was installed to serve both sites. After considerable discussion with Mr. Kendall, it was moved by Member Roemer, seconded by Member Salfingere, that the protest against the assessment on Parcel #35-6-9 by Mr. and Mrs. Kendall be denied.' Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Roemer, Sa1fingere, Spiegl and Fisher None None Letter from Mrs. Lily Tanovitz, pro~est~ng assessment on Parcel #35-6-11, was read. Mr. Horstkotte stated that he considered the property as twò building sites, however, one parcel could receive direct service and one indirect. He recommended a reduction of from' 2 to I! units of assessment.' ' After discussion with Mrs. Tanovitz, it was moved by:Member Sþiegl, seconded by Member Mitchell, that the assessment on "Mrs. Tanovitz' Parcel #35-6-11 be reduced from 2 units to I! units. Carried by the following vote: I AYES: NOES: ABSENT: Members: Members: Members: Mitche11~ Roemer, Sa1fingere, Spiegl and Fisher None None Letter from Mrs. Magnolia D. Haws, protesting assessment on Parcel ~35-3-3, was read. Mr. Horstkotte, Engineer for Local Improvement District No. 35,: explained that he had considered the property as two building sites~ He stated that it was a borderline case because of the terrain. Mrs. Haws explained to the Board that, because of the narrow front~ge, the steep terrain in the back portion, and a creek through the property, it would be impossible to have another building site. After discussion with Mrs. Haws and a statement from Mr. Horstkotte that he could go along with one building site, it was moved by Member Roemer, seconded by Member Mitchell, that the assessment on Mrs. Haws' Parcel #35-3-3 be reduced from 2 units to 1 unit. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Roemer, Salfingere, Spieg1 and Fisher None. None I Letter from Mr. David R. Hutchison,'protesting assessment on Parcel #35-5-3 because of questionable gravity service, was reaå. Mr. Horstkotte, Engineer for Local Improvement District No. 35, stated that the p~otest of Mr. Hutchison did have some validity and explained, with the construction plans, that a connection would have a flat grade and that a minor stoppage could cause backing up and flooding. '-. , > 03 ~ 06 58 1_99 After discussion, with Mr. Hutchison and explaining to him that, if the assessment was reduced, connection to the sewer would not be allowed except with the use of pump facilities, it was movedbv Member Mitchell,. seconded by Member Salfingere, that the assessment on Mr. Hutchison's Parcel #35-5-3 b~ reduced to ! and connect ion to the sewer wou:Id be" allowed only with pump facilities. Carried by the following vote: AYES: NO~S: . ABSENT: Members: Members: Membe rs : Mitchell, Roemer, Sa1fingere, Spiegl and Fisher None None I Protests from Mr. Kenneth 'K. Renwick, E. J. Calgan, and L. G. Morris, relative to unfinished work on their properties, were pr~sented. , Mr . Sterling Smith stated that certain shrubs on his property: had not been restored. Dr. Wagener, Mrs. Kendall, Mr. Renwick, and Mr. Sterling Smith protested that the road area was not restored to proper condition. Mr. Sterling Smith requested an explanation of various assessments. ... Mr. Horstkotte reviewed the assessments, page by page, from the Assessment Diagram. Mr. Smith questioned whether Assessment Parcel #35-5-10 had been assessed for a sufficient number of building sites. . The Board Members stated they would check the condition of the roads and the assessment on Parcel #35-5-10. There being no other written or oral protests, it was moved by Member. Mitchell, seconded by Member Sa1fingere, that the Local Improvement District No. 35 Hearing as to protests be closed and that the Hearing be continued to March 20, 1958. Carried by the following vote: I AYES: Members: NOES: Members: ABSENT:' Members: Mitchell, Roemer, Sa1fingere, Spieg1 and Fisher None None ~{r. Sterling Smith asked for an explanation and breakdown of costs for the wo rk . Mr. Horstkotte reviewed each item of cost. Mr. Kendall asked if he could present descriptions for two parcels so as to divide the assessment. Mr. Nejedly, Counsel for the District, stated this could be done if presented to the District on or before March 20, 1958, and approved by the Board. as a protest. V. OLD BUSINESS None. VI. NEW BUSINESS REQUEST FOR ANNEXATION, DIABLO PARK, DANVILLE, OUTSIDE LID 30, SCOTT. PROPERTY I It was moved by Member Salfingere, seconded by Memb.er Spiegl,: that terms for annexing the Scott property in Diablo Park, Danvil1e, outside of Local Improvement District No. 30, under Ordinance 24, be $191.00 per .acre plus processing cost and one unit of the amount assessed in Local Improvement District No. 30 to be paid at time of annexation. Carried by the following vote: AYES: NOES: ABSENT: Members: Membe rs.: Members: Mitchell, Roemer, Salfingere, Spiegl and Fisher None None OFFER- OF LEGAL SERVICES, CONDON, DOLGIN AND PAGE Letter from Mr. Robert Condon, offering the services of his firm, was presented to the District Board. -9-2 03 06 56 200 The Secretary was instructed to prepare a letter'in answer to Mr. Condon thanking him for his letter and stating it would be kept on file for future considera,tion. RESOLUTION NO. 1103, CALIFORNIA DISASTER CIVIL DEFENSE MASTER ~IDTUAL A~D AGREEMENT Mr. Nejed1y, Counsel for the District, read the Resò1ution and Mr. Horstkotte, District Manager, explained its' pu~pose. It was moved by Member Spiegl, seconded by Member Roemer, that Resolution No. 1103 be adopted. Carried by the following vote: AYES: NOES: ABSEt'1T: Members: Members: M-embers: Mitchell, Roemer, Sa1fingere, Spiegl and Fisher None None I VII. REPORTS. DISTRICT MANAGER AUTHORIZATION TO-OBTAIN SERVICES OF GEOLOGIST Mr. Horstkotte, District Manager, requested aúthorization to obtain the services of a geologist to review slide conditions in the Orinda area for District records at a cost not to exceed $1,000.00, at $100.00 per day. It was moved by Member Roemer, ßeconded by Member Salfingere, that the services of a geologist, Mr. Mar1iave, be obtained to investigate and supply the District with data relative to slide areas in Orinda for District records. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Roemer, Salfingere, Spiegl and Fisher None None RELOCATION OF DISTRICT SEWERS IN CONJUNCTION WITH FLOOD CONTROL DISTRICT WORK I Mr. Horstkotte, District Manager, read a letter from the Contra: Costa County Flood Control District relative to relocation of District sewers in conjunction with their work and an opinion from the District Attorney's office which stated the Sanitary District would be responsible for the costs. Mr. Horstkotte said he planned to answer the letter, stating that the Sanitary District would only prepare the plans and specifications and keep a record of the costs thereof subject to determination of responsibility for expenses incu rred . EASEMENT IN PATH DEDICATION OF GREGORY GARDENS Mr. Nejedly, Counsel for the District, requested authorization to obtain an easement in path dedication on subdivision map of Gregory Gardens 6r condemn if unable to obtain the easement. It was moved by Member Spieg1, seconded by Member Roemer,. that the District proceed to obtain an easement in path dedication in the Gregory .Gard~ns subdi- vision or condemn if unable to obtain the. easement. Carried by the following vote: AYES: NQES: ABSENT: Member s : Members: Members: Mitchell, Roemer; Sa1fingere, Spieg1 and Fisher None None I COUNSEL FOR lliE DISTRICT AGREEMENT WIlli CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT Mr. Nejed1y, Counsel for the District, reported he was preparing a proposed agreement with the Flood Control District for Board consideration at: the next meeting and stated~ would be somewhat similar to an agreement the: Flood Control District has with the East Bay Municipal Utility District. 0..3 ~ 06 58 I I I SETTLEMENT OF NEWELL EASEMENT, LOCAL IMPROVEMENT DISTRICT NO. 35 201- Mr. Nejed1y, Counsel for the District, requested authorization to settle the Newell easement in Local Improvement District No. 35 for a connection to the sewer without cost if it was considered reasonable in relation to costs to be incurred by proceeding with condemnation. It was mòved by Member Roemer, seconded by Member Salfingere, that Mr. Nejedly and Mr. Horstkotte, District Manager, settle the Newell easement in Local Improvement District No. 35 in the best interests of the District. Carried 'by the following vote: AYES: NOES: ABSENT: Members: Mitchell, Roemer, Sa1fingere, Spiegl and Fisher Membe rs:- None Members: None VIII . ADJOURNMENT At 10:30 o'clock P.M., the meeting was adjourned by President Fisher to March 20, 1958. Presi ent of he District Boar of Central Cont~a Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: ~~ Secre ary ot the District Board of Central Contra Costa Sanitary District of Contra Costa Co~nty, State of California , , o'~~ -6-2. 06 '.", 5"'8