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Home My WebLink AboutBOARD MINUTES 04-21-60 1-92 MINUTES OF AN ADJaJRNED REGULAR MEETING OF THE DISTRlcr BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD APRIL 21, 1960 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 April 21,1960, at 8:00 o'clock P.M. The meeting was called to order by President Mitchell. ~J I. ROLL CALL PRESENT: Members: Roemer, Salfingere and Mitchell ABSENT: Member: Spiegl Member Spiegl arrived at 8:04 o'clock P.M. II. APPROVAL OF MINUTES The Minutes of the meeting of April 7, 1960, were approved as presented. III. APPROVAL OF BIILS None. IV. HEARINGS None. BIDS: aJTFALL SEWER I SCHEOOLE II Mr. Horstkotte, District Manager-Engineer, reported that the proposals to complete the Outfall Sewer, Schedule II, work, opened at 10:00 o'clock A.M., were as follows: -----... 1. McGuire and Hester $3,800.00 2. The Duncanson-Harrelson Co. 7,250.00 3. Stockton Construction Co., Inc. 8,389.00 Upon the recommendation of Mr. Horstkotte, it was moved by Member Roemer, seconded by Member Salfingere, that McGuire and Hester be awarded the contract to complete the Outfall Sewer, Schedule II, work on their low bid of $3,800.00 fixed fee above stipulated costs and overhead. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Roemer, Salfingere, Spiegl and Mitchell None None V. OLD BUSINESS DISCUSSION RE SEWER USE CHARGE President Mitchell stated that the Board would proceed with an informal hearing relative to the service charge for commercial users to hear protests and determine if inequities exist. ~ Mr. Horstkotte, District Manager-Engineer, stated that there were others to be heard in the future and asked that the Board make no decisions at this time. President Mitchell stated that the District Board had discussed the sewer use charge over a period of several years, during which time it had received a considerable amount of publicity. He further stated that the decision of the Board to adopt an Ordinance applicable to commercial users came as a result of requests made by certain businesses for a use charge in place of a connection charge because of the high initial cost. 04- 21 60 1"Q.i? . ." -.> President Mitchell asked members of the audience if they wished to be heard. Mr. R. Schumacher stated that he was charged for units which had never been rented. He protested application of the Ordinance to vacant property and felt that the $2.00 minimum charge was arbitrary because of the limited use of the sewer in certain cases. ~ Mr. and Mrs. Beggs~ of Orinda, owners of several sma1lapartments, stated the $2.00 minimum charge was excessive in relation to the return on the property. They stated that at times apartments would be vacant for six-month periods and protested the charge during vacancy times. Mr. Fred Hodge, of Lafayette, stated he had apartments that have been vacant for a year. Mr. Lynn Stanley protested the use charge for commercial users only, stating that to be fair it should cover all users. Mr. Cleveland protested the use charge. stating the District should continue the taxing system followed in the past. He also stated that he received a bill for $18.00 for a two-family dwelling. Mr. Horstkotte said this would be 'checked. Mrs. Bolar protested use charge for a rental unit which was added a year and a half ago. Mr. Horstkotte. District Manager-Engineer, stated this -was probably charged in error and would be checked and adjusted. Mr. Engle protested the use charge for commercial users only. Mrs. Vargas stated that the use charge should apply to all users. ~ Mr. Beggs stated that a minimum charge for a building would be more equitable than a minimum charge per unit. President Mitchell asked Mr. Horstkotte, District Manager-Engineer, for a report relative to tax exempt :organizations being exempt from the service charge and the application of the use charge on an owner-occupied unit of a multiple dwelling. Mr. Horstkotte stated that these problems had been studied by;the staff as requested by the Board. He further stated that the sewer useshou1d be consiðered to be the same as any ttility bill and recommended that all".tax exempt organizations be subject to the service charge. Mr. Horstkotte stated it would not be practical to exclude owner-occupied units of a multiple dwelling because of the staff's being unable to determine owner occupancy. Member Spiegl stated that the suggestion of Mr. Beggs that the minimum charge be based on the entire building and not on the individual units should be considered. Continued to May 5, 1960. CCtITRACTOR'S REQUEST TO DEPOSIT EAST BAY MUNICIPAL UTILITY DISTRICT 5% BŒD IN LIEU OF CASH BOND ~ Mr. Horstkotte, District Manager-Engineer. stated that he reviewed this problem with Mr. Bohn, Counsel for the District, and recommendedœnial at this time. It was moved by Member Salfingere, seconded by Member Spiegl, that the request of Mr. Bill Morrison, contractor, to deposit a 5% .East Bay Municipal Utili ty District Bond in lieu of a cash bond be denied. Carried by the following vote: AY.ES: NOES: ABSENT: Members: Members: Members: Roemer, Salfingere. Spiegl and Mitchell None None 04 -21 60 1-94 RESOWTION REQUESTING BOARD OF SUPERVISORS TO RECOGNIZE ULTIMATE SERVICE AREA OF THE DISTRICT Continued to May 5,1960. Copies of the proposed Resolution to be sent to Members of the Board for review. VI. NEW IIISINESS SEWER CONNECTION FOR SIMON HARIMARE CO. BUILDING Mr. Berg,of Mason McDuffie Realty Co., stated that he had received cordial service from the District staff and was appearing before the Board to protest the charge for connecting to the sewer and to ask for a deter- mination regarding the point of connection. "---" Mr. Horstkotte, District Manager-Engineer, explained to the District Board the basis for the charge for connecting Simon Hardware Company's building under Ordinance 33 and stated that connection to sewers in Main Street or Botelho Avenue was required. Mr. Horstkotte stated that the line in Broadway Plaza to which Mr. Berg asked permission to connect was not adequate. It was moved by Member Salfingere, seconded by Member Roemer, that the Simon Hardware Company pay the charge for connecting its building into sewers in Main Street or Botelho Avenue as required by Ordinance 33. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Roemer,.Salfingere, Spiegl and Mitchell None None EASEMENT TO ST. MARY'S COLLEGE After an explanation from Mr. Horstkotte, District Manager-Engineer, it was moved by Member Roemer, seconded by Member Salfingere, that the President and Secretary be authorized to execute the easement deed to St. Mary's College. Carried by the following vote: ~ AYES: NOES: ABSENT: Members: Members: Members: Roemer, Salfingere, Spiegl and Mitchell None None CAVEN CO. CONDEMNATION AND REBAT~ MATTER, MEADOW VIEW ROAD, ORINDA / ¡ Mr. Walters, attorney for ~r. Lockwood of/taven Co., protested the rebate charges being prorated to Caven (Ço. / Mr. Horstkotte, District Manager-Engineer, explained the rebate dis- tribution to the four lots of Caven Co. and the other eleven lots considered. Mr. Walters protested that the line for which Caven Co. was being assessed a direct benefit extended beyond the point of benefit and stated that Caven Co. should only be charged for that amount of line necessary to serve the four lots. After discussion, it was agreed that Caven Co. should be charged a direct benefit based on the cost of line necessary to serve the four lots. Mr. Walters also protested the cost of acquiring an easement on the Caven Co. property being included in the costs to be rebated. -......, RESOI1JTION NO. 1217. ACCEPTING EASEMENT FROM THE BUREAU OF RECLAMATION FOR CANAL CROSSING AT NORMANDY LANE AND AUTHORIZING EXEæTION BY nœ PRESIDENT AND SECRETARY It was moved by Member Spiegl, seconded by Member Salfingere, that Resolution No. 1217 be adopted. Carried by the following vote: AYES: NOES: ABSENT : Members: Members: Membe rs : Roemer, Salfingere, Spiegl and Mitchell None None 04 21 60 1-95 AUTHORIZATION FOR EXPENSES FOR ATTENDING THE AMERICAN PUBLIC WORKS ASSOCIA- TION CONVENTION IN FRESNO ON MAY 17 AND 18 Mr. Horstkotte, District Manager-Engineer, reported-that Mr. Dalton was going to attend the American Public Works Association convention and requested $50.00 to cover expenses: ~ It was moved by Member Roemer, seconded by Member Sa1fingere, that $50.00 be authorized for the expenses of a delegate to the American Public Works Association convention in Fresno on May 17 and 18, 1960. Carried by the following vote: . I AYES: NOES: ABSENT: Members: Members: Members: Roemer, Salfingere, Spiegl and Mitchell None None MODIFICATION OF AGREEMENT WITH UTAH CONSTmJCTION CO. AND PRESTON MANAGE- MENT COMPANY It was moved by Member Salfingere, seconded by Member Roemer, that the President and Secretary be authorized to execute the Agreement modifying the Agreement with Utah Construction Co. and Preston Management Co. which provides for the elimination of engineering costs in figuring interest costs for work advanced ahead of schedule in the Moraga area. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Roemer, Sa1fingere, Spiegl and Mitchell None None APPLICANTS FOR BOARD VAC.ANCY President Mitchell stated that there were three residents in the audience who were interested in the vacancy on the Board. ~ President Mitchell introduced Mr. Bowman, Mr. Gibbs, and Mr. Mutnick and thanked them for their interest. VII. REPORTS DIS'lRICT MANAGER-ENGINEER STATUS OF VARIcrIS JOBS Mr. Horstkotte, District Manager-Engineer, reported on the progress of work under contract: Line A, Line j, Moraga and Orinda Pumping Stations. M. MILLER CO. LITIGATION Mr. Horstkotte stated that the status of the Outfall Sewer, Schedule II, litigation with M. Miller Co. was in good order. 1956 SERIES D BONDS Mr. Horstkotte stated that Stone & Youngberg had mailed the Notice of Sale and Official Statement to dealers in municipal bonds. LAFAYBlTE PLANTER STRIP, LINE D ~ Mr. Horstkotte reported that.the Board of Supervisors had approved a planter strip in place of replacing the pavement in a portion of the Lafaýette area to be included in Line D plans and specifications. OOUNSEL FOR THE DIS'lRICT None. EXECUTIVE SESSION Members of the Board retired to an Executive Session to discuss filling the vacancy on the Board. It was moved by Member Roemer, seconded by Member Spiegl, that Mr. Arthur W. Bowman be elected to fill the vacancy on the District Board. 04 21 60 1-96 Carried by the following vote: AYES: NOES : ABSENT: Members: Members: Members: Roemer, Salfingere, Spiegl and Mitchell None None VI II. ADJOURNMENT At 11:10 o'clock P.M., the meeting was adjourned by President Mitchell to May 5, 1960. ~ President the District Board of Central Contra Costa Sanitary District of Contra Costa County, State of California mUNTERSIGNED: ry of the District Board of Central Contra Costa Sanitary District of Contra Costa County, State of California ~ -...., 04 21 60