HomeMy WebLinkAboutBOARD MINUTES 05-02-63
Ai
hINUTES OF A REGUU.R HEETING
OF THE DIST~ICT BOAP~
CENTRAL CON'l'IiA COSTA SANITARY DISTRICT
HElJ) liliY 2, 1963
The District Board of Central Contra Costa Sanitary District convened
in G. Regular Session at its regular place of meeting located ~~}25? Spring-
brook Road, Walnut Creek, County of Contra Costa, State of Ca.ü.Lorm..a, on
J.'iay 2, 1963, at 8:00 olcloc1c P.l.1.
The meeting v.ra~: called to order by President Nitchell.
I.
ROI'!' CALL
PPESENT:
l";embers:
Gibbs, Roemer and Kitchell
ABSENT:
lVlembers :
Fisher and Bovooan
II.
APPROVAL OF HINUTES
The Minutes of the meeting of April 18, 1963, were approved as presented.
TTT
-'-~ ~.
APPROVAL OF EXPENDITUF~S
It ,vas moved by Eember Gibbs, [seconded by l"Iember J.oemer, that the expend:1.-
tures, as auditec: bj the I.uditing Committee éI.nd as submitted by the Dis trict
i.ianager-Engineer, be approved, reference being specifically macie to Sewer
Construction Vouchers Numbers 1576 to 1580, inclusive, and Running E:/;:pense
Vouchers I~umbers 1568 to 1748, inclusive. Carried by the following vote:
rirtS:
NOES:
hembers:
Nernbers:
Nembers:
Gibbs, Roemer and lÙtchell
None
Fisher and Bo_Man
ABSENT:
TV.
BIDS
None.
v.
OLD BUS lNESS
LOCAL D1PROVE~ŒNT DISTRICT NO. h2
President Hitchell stated to the audience that financing of the District
should be explained. He stated that the Members of the Board felt that sewers
:-Tel'e being provided to the property owners in the District at the cheapest
cost anywhere in the County.
President Mitchell explained the various charges to be paid by the property
O"Yìers beyonè the assessment to be levied.
.:;'nnp=~é:tion i'eeCè "f'.re p:,mlained and their purpose.
He sta tec~ that ::(vJers are financed in several TtlaYs. T1-JQ bond issues, onE
of ;;:2,4CO,OOO.OO and the other of $8,900,000.00, along vÜth connection charges,
provide the major trunk á-nd plant facilities, estimated in 1956 tc cost approxi-
mately $14,000,000.00 1Vhen completed.
Secondar-ý trunks are financed by the people involved:
dividers, and by assessment districts.
individuals, sub-
Funds for operating the District, Treatment Plant and maintenance of lines
come from an ad valorem tax which is a part of the yearly County tax bill.
President Mitchell stated that the District Board sits as a Board of
Equalization to revievl the assessments levied by the assessment district
engineer at the time of the hearing set for this purpose and all property
ovmers will receive notice of this hearing date.
Mr. Horstl-;otte, District Nanager-Engineer, explained to the audience
thE: T:1anner in ",Thich the assessments are levied on each individual parcel.
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Hr. Horstkotte e)1Ùained to the District Board that this area has been
knoh'Y'. as vJatershed 23 and Watershed charges in the amount of $14,111. 77 ha'_'e
been collected and, as Local Improvement District No. 42 will install the
lines needed for the "'latershed, it is the staff reccmmendation that the
$14,111.77 collected be contributed to Local Improven~nt D~strict No. 42.
After assurance from Hr. Horstkotte that the lines to be installed ¡Üll
fully serve the area, it was moved by Nember Gibbs, seconded by Nember Roemer,
that the $11...,111. 77 held in the \vatershed 23 account be contributcc: to Local
Improvement District No. 42. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Hembers:
Members:
Gibbs, Roemer and Hi tchell
None
Fisher and Bov~an
Hr. Horstkotte explained the memorandum setting forth the manner in vJÌÜch
the assessments were levied. He explained that the annexation fees were in-
cluded in the assessments as he stated he was considering at the previous
meeting.
President NitchelJ asked the audience if they had any questions relative
to inclu~ing the anneyation fees in the assessment.
One pel's on ans:vered tlla t he felt it was good procedure.
After Hr. Horstkotte stated that it was a staff recommendation to include
the annexation fees in the assessment, it was moved by Her.lber Roemer, seconded
by Member Gibbs, that the annexation fees be a part of the assessn~nt for Local
Iraproverrent District No. 42. Carried by the following vote:
AYES:
NOES:
ABSENT:
Nembers:
Hembers:
Nembers:
Gibbs, Roemer and Nitchell
None
Fisher and Bowman
The Secretary announced that a number of documents had been presented to
him relating to the above project. He read a letter from the County Health
Officer, dated May 2, 1963.
On motion of Director Gibbs, seconded by Director Roemer and unanimously
carried, the letter was ordered spread on the Minutes of this meeting, as
f ollo¡^rs :
"May 2, 1963
Honorable Sanitary Board
Central Contra Costa Sanita~J District
~\Talnut Creek, California
HE:
Local Improvement District No. 12
Gentlemen:
I am acquainted 1Üth the sanitary sewerage project which you propose
to undertake pursuant to special assessment and assessment bond proceedings,
or other appropriate proceedings, for sewering the area des cribed. il1 your
Resolution No. 1353, A Resolution Requesting that the County Health Officer of
Contra Costa County and Ex-Officio Health Officer of the Central Contra Costa
Sanitary District Recommend Proceedings under Appropriate Special Assessment
and Àssessment Bond Acts, or other Appropriate Proceedings, for the Construction
of a Bani tary SevJerage System and Appurtenances, as Neces sélry as a Health
l'1easure, Local Improvement District No. 42.
I recommend, as necessary as a health IÏlCaSUre, that you undertake
proceedings pursuant to appropriate special assessment and assessment bond
acts of this State, or other appropriate proceedings, a5 you shall determine,
for the construction of said improvements and for assessing or taxing the
properties to be benefited thereby. This recommendation extends to suer
changes and modifications therein as you shall find to be proper or advisable,
in t)-.e manner provided by law.
Yours respectfully,
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T-' T B~ .. T'
.1. -'-'. l.um, 1\1.1.;.
Health Office:r of the:::ounty of
Contra Costa arxl ex-of.ficio Health
Officer of the Central Contra
Costa Sanitary District II
p~
f-c€solution No. 1357, A R.esoldion ;Jetermining to Undertake Proceedings
Pursuant to .!"p:,)lopriate Special As.sessment and Jissessment Bond Acts or Other
Appropriate Proceeèings, for the Acquisition and Construction of a Sanitary
Sewerage System an¿ ^ppurtenances Without Proceedings under Division 4 of
the Streets anrl Highways Code, vms read. On motion of Director Roemer,
seconded by Director Gibbs and unanimously carried, said Resolution 1-JaS adopted.
Resolution No. 1356, A Resolution of Intention to Acquire and Construct
Improvements, was read. On motion of Director Gibbs, seconded by Director
Roemer, and unanimously carried, said Resolution vJas adopted.
The District Engineer presented his report, pursuant to said Resolution
of Intention, consisting of plans, profiles, detailed drawings and specifica-
tions for the proposed improvements, maps and descriptions of easements to be
acquireò, an estimate of costs, a diagram showing the boundaries of the
assessment district and the several parcels of land to be assessed, and an
assessment apportioning the costs of said proposed improvements among the
sever3] parcelf'- accord ing to benefits. The report vTas cons idereò by the
members of the Boarrl, and, on the order of the President, was filed with the
Clerk.
Resolution No. 1359, A Resolution of Preliminary Approval of Engineer's
Heport, was read. On motion of Director Roemer, seconded by Director Gibb~,
and unanimousl;)7 car'I'ied, said Resolution ,¡as ó.dopted.
Hesolution No. 1360, A Resolution Establishing Prevailing Wage Scale,
was read. On motion of Director Gibbs, secon¿ed by Director Roemer, and
um:.nimously carried, said Resolution _¡as adopted.
Resolution No. 1361, A Resolution Appointing Time and Place of Hearing
ProteEts in Relation to Proposed Acquisitions and Improvements, and Directing
NoticE, 'iTas read. On motion of Director RoeDler, seconded by Director Gibbs,
and unanimously carried, said Resolution ìc'as adopted.
Resolution No. 1362, A Resolution Calling for Sealed PropoEals, was
read. On motion of Director Gibbs, seconded by Director Roemer, and
unanimously carried, said Resolution was adopted.
Resolution No. 1363, A Resolution Requesting Consent of Boarè of Super-
visors of Contra Costa County to Undertake Proceedings for the Acquisition
and Construction of Sanitary Sewers and to Provide that the Costs shall be
Assessed upon the District Benefited, under Appropriate Special Asses:::rnent
and Assessment Bond Acts, was read. On motion of Director Roemer, seconded
by Director Gibbs, 3nè unanimously carried, said Resolution was adopted.
Presir1('1'1t, r1itcbel1 a~'kerl Hr. Horstkotte for a report on the assessments
as levied.
hr. .I.saz.f, representing Hr. ¡filson, attorney for the Local Improvement
District No. L2 a3~essment proceedings, explained that the assessments as
p'esently levied &r'e on the basis of the engineer I s estimate for the cost of
the ",ork and that, when bids Ðre received, it ,-rill be kncvm whether the
as seE sJ:.ent Fill be higher 0:(' lower. He explained that, at the time of the
Hearin~ on the fLescluL.on of Intention, protests should be in ì-Triting anC:
protests may be ólé,aim:t the assessrnents or the ,-ïork.
.'U'. Hûrstìwtte revie'\-JE:d the individual dssessmer.tf req1.:e~tec: by the
audier.ce.
President Mitcrell stated that the Hearing for Local Improvement DiEtr-ict
No. 42, Hhen tj-;e Board wi~~ ~'e(~eive protcst,~, will be on June {¡, 1963.
COR.'ŒSPONDENCE FRml BOJ.RD OF TRUSTEES OF JO~N MUIR HEHORIAL ~OSPITAL
:orrespondence from the Board of Trustees of John Nuir Mer1o~~ial HOé~2. tal,
including r::.j":,¡ent of their nnnexation fee, 'pas referred to the District staff.
VI.
NET,! BUSINESS
APPLICA TION OF ORDINANCE 35 FOR SCOTT & BALL TRACT 3090
hr. Horstkotte, Distriet Manager-Engineer, recommended that Ol'dinancs 35
be &lJplicatle to the: ?I-bell line to be installed to serve Tract 3090 providecì
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~n
Drivate funds dre used for the installation. Credit 1¡wuld be D.l1ohTed under
brdinance 35 for the connection fees and annexation fees; the watershed charges
are to be paid to the District.
It ,'Jas moved by î1ember Roemer, seconded by Member Gibbs, that Ordinance 35
be applicable to the 21-inch line to be installed by Scott t Ball to serve
Tract 3090, allowing credit for the annexation fees and connection charges;
the watershed charges to be paid to the District. Canied by the :ollm.:ing
vote:
AYES:
NOES:
ABSENT:
}'lembers :
Nembers:
hembers:
Gibbs, Roemer and Nitchell
None
Fisher and Bo~ooan
REPEALING ORDINANCE 21
Hr. Horstkotte, ~istrict Har.~Ger-EYJ.gineer, státed that Ordi~ance 2L needed
amendinG to provide fc~~ anne",-éi tieD fees to be :::ollected along VIi tll as sessments ,
aE approved by the Ecaré for Local Improvement District No. 1.2.
It 1¡¡as moved by l'iember Gibbs, seconded c? IfJ.errlber Roemer, that Ordinance
UJ 1:e adopted. Carried by the follo1"J'ing vote:
AYES:
NOES:
ABSENT:
I-iembers :
Hembers:
lI1embers:
Gibbs, Roemer and Mitchell
None
Fisher and BowlTlan
OlillINANCE 48, AN OHDINANCE FIXING CHARGES FOR THE ANNEXATION OF TEJRITORY
TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT, PROVIDING FOR THE TTI'1E AND
HANNER OF PAn-lENT, AND REPEALING ORDINANCE 24
The Board of Directors of the Central Contra Costa Sanitary District does
ordain as follows:
Section 1.
~~rpose of ordinance.
The purpose of this ordinance is to fix a charge upon property annexed to
the District after ¥léì.rch 4, 1951., in order to impose upon that propert:r its
share of the cost of providi~g capacity in or the right to use sewage disposal
facilities which either exist or will be constructed by tÌle Dist:dct for the
purpose of furnishing the area wher'e the annexed property is located vri th seHer
service. It is also the purpose to collect this charge only when actual sewer
service to the property is providec1.
SectiO:1 2.
Harch
imt)osed on all
not in District on
There is a charge upon all property annexed to the District known áS an
annexa tion charge. The annexation charge applies to all property Hhich vJas
not wi thin the boundar'ies of the District on Narch h, 1954.
Section 3.
Determination of charge.
Tr.e Board of Directors of the District shall fLx the charge as a term and
condition of annexation of the property to the District at the time the property
owner petiti0!1s the District for annexation. If the property ovmer does not
complete annexation proceedings 1¡Ü thin six months from the date the Board fixes
the annexation charge, the Board may revie~.¡ the amount of the charge and change
It if it finds that circumstances have so changed that the amount of the charge
originally fixed no longer reflects the purpose for which it is imposed.
Section 4.
Time of payment of annexation charge.
The annexation charge is due when the property is annexed to the District.
Hov'cver, the Board may grant a deferment payment untiJ each structure built on
the territory annexed is physically connected to the District sewer system and
sewer service is actually provided to each property upon 1"hich a structure is
located.
Section 5.
Inclusion of charge in special assessments.
The annez<,Üion charge may be c:ollected by or included in a specilll élssess-
mpnt, U)ìnn thp rro;-,ert" bene f-J. +cr' .
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Section 6.
Contlnuation of existing ordinance.
This ordinance shall be construed as a continuation of existing la"r! to the
extent t~at its provisions are the sa~e as those ~mich it replaces.
Section 7.
Repeal of Ordinance No. 2h.
Ordinance No. 24 is repealed.
Section 8.
Publication and taking effect.
This ordinance shall be entered in the minutes of the Board, shall be
published once in the News Register, a newspaper published in the District and
shall take effect upon the expiration of the week of publication.
PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa
Sanitary District on the 2nd day of May, 1963, by the following vote, to-wit:
AYES: Directors:
NOES: Directors:
ABSENT: Directors:
Gibbs, Roemer and Mitchell
None
Bowman and Fisher
/s/ Richard J. Mitchell
President of the Board of Directors of
Central Contra Costa Sanitary District
COUNTERS IGNED :
/s/ Claude M. McPhee
Secretary of the Board of Directors of
Central Contra Costa Sanitary District
SALE OF IS-FOOT STRIP OF OLD SACRAMENTO NORTHERN RAIU-JAY RIGHT OF HAY TO
PÀCIFIC GAS & ELECTRIC COMPANY
}æ. Horstkotte, District Manager-Engineer, recommended that IS feet of
the 30 feet of the old Sacramento Northern Railway right of way owned by the
District be sold to the Pacific Gas & Electric Company for the sum of $20,000.00,
the sale being subject to the District staff's approving their engineering plans.
RESOLUTION NO. 1365, AUTHORIZING THE SALE OF IS FEET OF THE OLD SACRAMENTO
NORI'HERN RAn.,wAY RIGHT OF WAY CWNED BY THE DISTRICT TO THE PACIFIC GAS &
EIECTRIC Cm1PANY AND AUTHORIZING THE PRESlDENT AND SECRETARY TO EXECUTE
THE DEED OF SALE
It was moved by Member Roemer, seconded by Member Gibbs, that Resolution
No. 1365 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Roemer and Mitchell
None
Fisher and Bowman
Members of the District Board directed that the sale be subject to the
approval of Mr. Bohn, Counsel for the District, and the District staff.
RESOLUTION NO. 1364, APPOINTING LOUIS H. SHAIN, ASSISTANT OPERATOR
}æ. Horstkotte, District Manager-Engineer, explained that Mr. Louis H.
Swain was a replacement for Mr. Albert Murphy who retired.
It was moved by Member Roemer, seconded by Member Gibbs, that Resolution
No. 1364 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Hembers:
Members:
Members:
Gibbs, Roemer and Mitchell
None
Fisher and Bm~an
(Oç:..;>
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ANNEXATION TEHHS FOR DIABLO VAILEY COLLEGE
Mr. Horstkotte, District Manager-Engineer, referred to the memorandQ~
to the District Board dated April 22,1963, setting forth the staff's recom-
mendations for annexing the Diablo Valley College.
After discussion, it was moved by Member Gibbs, seconded by Member
Roemer, that terms for annexing the Diablo Valley College be offered to the
College in the three alternates set forth in the memorandum to the District
Board dated April 22,1963. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Roemer and Mitchell
None
Fisher and Bowman
SETTLEr-1ENT OF EASEMENT PARCEL 19, WATERSHED 24 SOUTH (DELU)
It was explained to the District Board that easement Parcel19 of Water-
shed 24 South could be settled in the amount of $400.00 for damage to walnut
trees and value of the easement, and it was recommended by the staff that it
be accepted.
It was moved by Member Gibbs, seconded by Member Roemer, that easement
Parcel 19 of Watershed 24 South be accepted, its recording ordered, and
$400.00 be paid in full settlement. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
:Hembers:
Members:
Gibbs, Roemer and Mitchell
None
Fisher and Bowman
CIA TI£ FOR DAMAGES
Mr. Horstkotte, District Manager-Engineer, explained the claim for damages
by ¥æ. Louis Augustine and stated that the staff and the District's insurance
carrier recommend payment in the sum of $63.80.
It was moved by Member Roemer, seconded by Member Gibbs, that the claim
for damages in the sum of $63.80 by Mr. Louis Augustine be paid after receipt
of a signed Release in Full Settlement and Compromise. Carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Roemer and Mitchell
None
Fisher and Bowman
r1r. Horstkotte, District Manager-Engineer, explained the claim for damages
by I1r. O. Hindley and stated that the staff and the District's insurance
carrier recommend payment in the sum of $25.97.
It was moved by Member Gibbs, seconded by Member Roemer, that the claim
of Mr. O. Hindley in the sum of $25.97 be paid after receipt of a signed Release
in Full Settlement and Compromise. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members: Gibbs, Roemer and Mitchell
Members: None
Members: Fisher and Bowman
ACCEPTANCE OF EASEMENTS
It was moved by Member Gibbs, seconded by Member Roemer, that easements
from Clarence K. Dashner, Herbert W. Kelly, Walton C. Bostrom, Bernice Baxter,
Harry Warren Willsey, Edward S. Carreiro, William L. Frerking, Herman Wilbur
Denny, Raymond E. Davies, Jr., Frederick A. Kirsten, Edward J. Rowell and
Kermit S. Blodgett be approved and their recording ordered. Carried by the
following vote:
AYES:
NŒS:
ABSENT:
05
Members:
Members:
Members:
Gibbs, Roemer and Mitchell
None
Fisher and Bowman
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91
ACCEPTANCE OF THREE EASEMENTS FROl1 THE STATE OF CALIFORNIA IN THE ALA110-
DANVILLE AREA
}~. Horstkotte, District Manager-Engineer, stated that the three easements
referred to in }~. John Kergel's letter dated April 16, 1963, from the State of
California, were in the State Highway Sewer Relocation VII area and were needed
by the District for future extensions. The amount to be paid to the State for
each is $50.00, $100.00 and $250.00 which they asked to be credited to the State
Highway Sewer Relocation VII work costs.
It was moved by Member Roemer, seconded by Member Gibbs, that the State
be paid $50.00, $100.00 and $250.00 for the three easements referred to in the
letter dated April 16, 1963, from Mr. John Kergel of the State of California
and that the President and Secretary be authorized to execute the agreements.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Member_s : Gibbs, Roemer and Mitchell
Members: None
Members: Fisher and Borman
ACCEPTANCE OF UNITED STATES BUREAU OF RECLAMATION EASEMENT FOR VALHALLA HILLS ,
SUBDIVISION 3074
Mr. Horstkotte, District Manager-Engineer, explained that the cost of
the easement from the United States Bureau of Reclamation is $100.00 to be
paid by Ben H. Ferguson, engineers for the subdivision.
It was moved by Member Gibbs, seconded by Member Roemer, that the President
be authorized to execute the easement agreement with the United States Bureau of
Reclamation for the easement to serve Tract 3074, Valhalla Hills, and it be
returned to the United States Bureau of Reclamation for execution along with the
$100.00 consideration when received from Ben H. Ferguson, engineer for Valhalla
Hills. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
11embers:
Members:
Gibbs, Roemer and Mitchell
None
Fisher and Bowman
~;~~~~im F~f~S~:~~R~~~~~ ~ts~~~~HED 24 SOU'IH, CONTRA COSTA COUNTY FLOOD
Mr. Horstkotte, District Manager-Engineer, stated that the easement was
required through a parcel of land owned by the Contra Costa County Flood Control
and Water Conservation District which they had paid for and which was not within
their right of way and the amount of settlement recommended by the District
staff is $163.25.
It was moved by Member Gibbs, seconded b~r Member Roemer, that easement
Parcel 2 of Watershed 24 South be accepted, its recording ordered, and ~163.25
be authorized for payment to the Contra Costa County Flood Control and Water
Conservation District. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members: Gibbs, Roemer and Mitchell
Members: None
Members: Fisher and Bowman
VII.
REPORTS
DISTRICT HANAGER-ENGDJEER
Cm'Î1,roIDATION OF DISTRICT STAFF
~œ. Horstkotte, District 11anager-Engineer, stated that the District Staff
had worked long and hard on Local Improvement District No. 42 proceedings in
order to meet the time schedule.
It was moved bJr Member Roemer, seconded by Member Gibbs, that the District
staff be commended for the excellent manner in which Local Improvement District
No. 42 proceedings have progressed. Carried by the following vote:
AYES:
NŒS:
ABSENT:
Members:
Members:
Hembers:
Gibbs, Roemer and þKJ. tchell
None
Fisher and Bowman
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~t
COUNSEL FOR THE DISTRICT
CODIFICATION OF DISTRICT ORDINANCES
Mr. Williams, representing ï1r. Bohn, Counsel for the District, stated that
the codification of District Ordinances was waiting for certain legislation and
should be completed by summer.
VIII.
ADJ OURNNENT
At 9:55 o'clock P.M., the meeting was adjourned by President Mitchell to
!'~ay 16, 1963.
"\ ,
COUNTERSIGNED:
') /'7
,( l < r:h;::;; ~~- :::;:þ-'j!.~;--~._---
"'--&ecrata.l;y of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
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