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HomeMy WebLinkAboutBOARD MINUTES 06-06-63 j{tO MTIJUTES OF A REGULAR HEETnm OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD JUNE 6,1963 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 June 6, 1963, at 8:00 o'clock p.r~. The meeting was called to order by President Mitchell. I. ROLL CALL PRESENT: Members: Gibbs, Roemer, Fisher and Mitchell ABSENT: Member: Bowman II. APPROVAL OF MI~NUTES The Minutes of the meeting of May 16,1963, were approved as presented. III. APPROVAL OF EXPEND ITURES It was moved by Member Gibbs, seconded by Member Fisher, that the expendi- tures, as audited by the Auditing Committee and as submitted by the District Manager-Engineer, be approved, reference being specifically made to Sewer Construction Vouchers Numbers 1581 to 1596, inclusive, and Running Expense Vouchers Numbers 1749 to 1921, inclusive. Carried b:Jr the following vote: AYES: NOES : ABSENT: Members: Members: Member: Gibbs, Roemer, Fisher and ~itchell None Bowman IV. BIDS LOCAL IMPROVEMENT DISTRICT NO. 42 Bids for Local Improvement District No. 42 work, opened at 2:00 o'clock P.M. this dateJ were subI~tted to the District Board and were as follows: 1. 2. 3. 4. 5. 6. Vinnell Corporation Vincent Rodrigues Construction, Inc. R. Goold & Son Prodanovich Inc. McGuire and Hester Murphy Bros., Ine. .$297, t¡22 . 00 35h,996.50 387,572.28 395,553.00 40h,169.00 419,33h.20 }~. Horstkotte, District Manager-Engineer, stated that Vinnell Corpora- tion, the low bidder, has done w~rk for the District in the past and is well qualified. V. HEARINGS LOCAL IMPROVErlENT DISTRICT NO. h2, HEARING ON RESOLUTION OF TIJTENTION NO. 1358 President Mitchell opened the Hearing for Local Improvement District No. 42. In answer to President Mitchell's question, the District Secretary stated that all affidavits of notice are on file and the Resolution of Consent from the Board of Supervisors is on file. President Hitchell asked for written protests relative to the i-rork and assessments. ~~. Horstkotte, Engineer for the work, presented all i-~itten protests TNhich were as follows: 06 06 63 10~. Assessment No. h2-32-3, Raymond E. Davies Hr. Horstkotte read Mr. Davies' protest questioning the area of property used by the District for two sites. Mrs. Davies asked if the area used by the District was exclusive of the road area. }~. Horstkotte stated that the area was re-checked after reeeipt of the protest and the staff recommends no change in the assessment. It was moved by Member Roemer, seconded by Member Gibbs, that the protest of Raymond E. Davies be denied. Carried by the following vote: AYES : NOES: ABSENT: Members: Members: l1ember: Gibbs, Roemer, Fisher and Mitchell None Bowman Assessment No. 42-8-7, Joseph DeMatteo 11r. Horstkotte read ~~. DeMatteo's protest relative to unusable area of property due to underground spring and slide area and location of home. r~. DeMatteo stated that due to the location of his home it would be difficult to get a building site to the North. President Mitchell and }~. Horstkotte stated that the assessments are levied on the land area and the owner, by choice, limits the use of the property. ~. Horstkotte stated that the staff, upon review, recommends reduetion of the assessment from a four-site basis to three sites, each being full units of assessment. It was moved by r~ember Fisher, seconded by Member Gibbs, that the Joseph DeMatteo protest be denied and that the staff recommendation of three units of assessment for three building sites be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Roemer, Fisher and Mitchell None Bowman Assessment No. 42-16-1, Martin A. Fasching Assessment No. 42-16-2, William Fette Assessment No. 42-16-3, John A. Rivera l1r. Horstkotte stated that these three assessment protests should be considered together. }œ. Horstkotte stated that, upon review by the District staff, it is recommended that the Fasching Assessment No. 42-16-1 be redueed from eight building sites to six and the units of assessment from five and one-half units to four; that the Rivera Assessment No. 42-16-3 be reduced from ten building sites to nine and the units of assessment from three and three-quarters units to three and one-half, and that the Fette Assessment No. h2-16-2 remain at ten sites and six and one-quarter units. It was moved by Member Roemer, seconded by Member Fisher, that the protests of Martin A. Fasching, Assessment No. 42-16-1, William Fette, Assessment No. 42-16-2, and John A. Rivera, Assessment No. 42-16-3, be denied and that the staff recommendation to reduce the Fasching Assessment No. h2-l6-l from five and one-half units to four units be approved and the reduetion of the Rivera Assessment No. h2-l6-3 from three and three-quarter unj.ts to three and one- half units be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Gibbs, Roemer, Fisher and Mitchell Members: None r1ember: Ben-man 06 06 6ð 1¡t"? " 11}",.. Assessment No. h2-l7-l, Thelma N. Gleason Mr. Horstkotte read Mrs. Gleason's letter protesting her Assessment No. 42-17-1 due to the high cost of subdividing. 11r. Horstkotte showed a subdivision layout which he considered practical. }œs. Gleason stated that the area was too steep to put in a road. }~. Horstkotte stated that it was the staff's recommendation that the protest be denied. It was moved by Member Fisher, seconded by Member Roemer, that the Gleason Assessment No. 42-17-1 protest be denied. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Roemer, Fisher and Mitchell None Bowman Assessment No. h2-l5-1, Walter Haviside Mr. Horstkotte read a letter from Mr. Haviside and 8 letter from the County Planning Commission. I1r. Horstkotte stated that, upon review, the District staff recommended a reduction in the number of building sites from nine to seven with the units of assessment remaining the same, at five and one-half. It was moved by Member Gibbs, seconded by Member Fisher, that the protest of Walter Haviside, Assessment No. h2-15-1, be denied and that the staff recom- mendation to reduce the number of building sites from nine to seven with the units of assessment remaining at five and one-half be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Hembers: l1ember: Gibbs, Roemer, Fisher and Mitchell None Bowman Assessment No. 42-12-20, Frederick A. Kirsten Mr. Horstkotte read Mr. Kirsten's letter protesting Assessment No. 42-12-20 because he has no intention of subdividing and, if the property were to be sub- divided, four lots would be more reasonable than the six assessed. Mr. Kirsten stated that his letter covered his protest. It was moved by Member Gibbs, seconded by Member Fisher, that the protest of Frederiek A. Kirsten be denied. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Roemer, Fisher and Nitehell None Bowman The Members of the Board explained to the audience that the District Board and staff are t~JÍng to get an equitable distribution of the assessments and the present zoning is what they have to work with; they do not take possible future changes into consideration. Assessment No. 42-13-4, William D. Lewis Mr. Horstkotte read a protest letter from Mr. Le~ds. Mrs. Le~Qs stated that it was very unlikely their property would ever be divided due to the difficult terrain. After discussion, the District Board decided that each of the Members who could should take a look at the property and meet Monday, June 10,1963, for a final determination. Assessment No. h2-l8-l, Susanne E. Madson ~~. Horstkotte read Miss Madson's letter protesting the number of assess- rœnts. iH~ ~. Horstkotte stated that the staff had reviewed the assessment and has recommended a reduction from eighteen building sites to twelve and units of assessment from seven to five and o~e-half. It was moved by Member Fisher, seconded by }1ember Roemer, tha.t the protest of Susanne E. Madson, Assessment No. 42-18-1, be denied and the staff recommendation to reduce the units of assessment from seven to five and one- half be approved. Carried by the following vote: AYES: NŒS: ABSENT: Members: Members: Member: Gibbs, Roemer, Fisher and Mitchell None Bowman Assessment No. 42-20-1, F. A. Marshall Mr. Horstkotte read a letter from F. A. Marshall protesting more than four units of assessment on his property. 1~. ~~rshall stated that he planned on the development of only four sites. ¥æ. Horstkotte stated that the staff, upon review, reduced the number of building sites from seventeen to fifteen and the units from twelve to ten. }~. Horstkotte demonstrated on the blackboard the division into sites as allowed by present zoning. It was moved by Member Fisher, seconded by Member Gibbs, that the F. A. Marshall, Assessment No. 42-20-1, protest be denied and that the staff's reco~~endation of a reduetion from twelve units of assessment to ten be approved. Carried by the following vote: AYES: NOES: ABSENT: Hembers: Members: Hember: Gibbs, Roemer, Fisher and Mitchell None Bowman In ans~rer to a question from the audience, Hr. Horstkotte stated that, wi th the low bid for the work and the adjustment in the assessments, a red~ction from the preliminary assessment could be expected of from 5% to 10%. Assessment No. h2-26-8, Marcus Nutting ~œ. Horstkotte read r~. Nutting's protest of the n~~ber of units of assessment. }~. Horstkotte stated that, upon review, the staff reeommended a reduction from six sites to five sites and three and one-half units to three and one- quarter units of assessment. It was moved by Hember Roemer, seeonded by Hember Fisher, that the ~~arcus Nutting, Assessment No. 42-26-8, protest be denied and that the staff's recommendation to reduce the assessment from three and one-half units to three and one-quarter units be approved. Carried by the following vote: AYES: NOES: ABSENT: :Hembers: Hembers: Member: Gibbs, Roemer, Fisher and Hi tchell None Bowman Assessments No. h2-8-l and No. It2-8-2, Marilyn C. Ridgell Mr. Horstkotte stated that the letter from Hrs. Ridgell, Assessments No. 42-8-1 and rro. 42-8-2, was a request to combine into one assessment, which the staff has done. Assessment No. h2-9-h, Edward J. Rowell Hr. Horstkotte read Hr. Rowell's letter protesting the number of si tas assessed due to the terrain. Mr. R. L. Hiller, attorney for }Jr. and !Irs. Rowell, asked }1r. Horstkotte to explain the number of sites in relation to the terrain. t04: Mr. Horstkotte presented a map showing how the property could be divided into the proposed six sites. l~. Miller asked to have two copies of the map sent to him. }~. Horstkotte stated that it was the staff's recommendation that the protest be denied. It was moved by l1ember Fisher, seconded by Hember Gibbs, that the protest of Edward J. Rowell, Assessment No. 42-9-4, be denied. Carried by the following vote: AYES: NOES: ABSENT: Hembers : 11embers: Hember: Gibbs, Roemer, Fisher and Mitchell 1; one Bowman Assessment No. 42-11-5, Carl L. Voight l~. Horstkotte stated that Mr. Voight had telephoned his protest of the number of units of assessment and a copy of a letter to ~r. Voight from the County Planning Commission was presented. l~. Horstkotte recommended that the Board Members review this property for final action Monday, June 10,1963. Assessment No. h2-25-1, Lawrence J. Gomez Letter from }~. Gomez, protesting the loeation of the sewer line to serve his property, was presented. Mr. Gomez was informed that the sewer line could be extended further in the street to his property line. It was moved by l1ember Gibbs, seconded by l1ember Roemer, that the protest of Mr. Gomez, Assessment No. h2-25-l, be denied and the matter be referred to the District staff for a solution to his problem. Carried b;¡r the following vote: NOES: r1embers: Hembers: Hember: Gibbs, Roemer, Fisher and Mitchell None Bowman AYES: ABSENT : Assessment No. 42-23-2, Stanford H. Hhite (Oral) Mr. w~ite questioned Mr. Horstkotte relative to his service and units of assessment. Mr. Horstkotte explained that the staff based the assessment on three building sites and one and one-half units of assessment. He stated two of the sites would have to be served by pumping. Assessment No. 42-11-1, Victor D. Kiernan (Oral) l~. Horstkotte explained that Mr. Kiernan's protest had been reviewed and it was the staff's recommendation that the original seven sites and two and one-quarter units of assessment be redueed to four sites and one and one-half units of assessment. It was moved by Member Roemer, seconded by Member Fisher, that the protest of Mr. Kiernan, Assessment NO. 42-11-1, be denied and the staff's recommendation to reduce the units of assessment from two and one-quarter to one and one-half be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Hembers: Member: Gibbs, Roemer, Fisher and }1i tehell None Bowman 06 0(:) 63 1~.J5 Assessment No. h2-21-20, Theodore J. Morrissette (Oral) Mr. Morrissette protested the amount of assessment on his property due to the terrain. }~. Horstkotte stated that, upon review, it was the District staff's recommendation that the Morrissette, Assessment No. 42-21-20, protest be granted reducing the sites from four to one and units of assessment from two to one. It was moved by Member Roemer, seconded by Member Gibbs, that the protest of ¥æ. Morrissette, Assessment No. 42-21-20, be granted and the assessment be reduced from two units to one. Carried by the following vote: AYES: l1embers : NOES: Members: ABSENT: Member: Gibbs, Roemer, Fisher and Mitchell None Bowman Mr. Asaaf of Wilson, Harzfeld, Jones & Morton explained the period during which cash payments of the assessments can be made. Assessment No. h2-2h-l, Lorenzo J. Marek (Oral) Mr. Marek questioned the 2.7 acres used by the District when the Assessor's records indicate only 1.8h acres for his property. I1r. Horstkotte stated the staff would re-check and report at the continued Hearing on Monday, J~~e 10,1963. There being no further protests, it was moved by Member Fisher, seconded by Member Roemer, that the Hearing for Loeal Improvement District No. h2 be closed as to protests and continued to Monday, June 10,1963. Carried by the following vote: AYES: NOES: ABSENT: }!embers: r'!embers : Hember: Gibbs, Roemer, Fisher and Mitchell None Bowman RESOLUTION NO. 1368 h A RESOLUTION DETEillUNING TO UNDERTAKE PROCEEDINGS PURSUANT TO APPROPR TE SPECIAL ASSESSMENT AND ASSESSHENT BOND ACTS OR OTHER APPROPRIATE PROCEEDING~ FOR THE ACQUISITION AND CONSTRUCTION OF A SANITARY SETtJERAGE SYSTEM A APPURTENANCES 1rlITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHHAYS CODE It was moved by Member Gibbs, seconded by Member Roemer, that Resolution No. 1368 be adopted. Carried by the following vote: AYES: }lembers: Gibbs, Roemer, Fisher and Mitchell NOES: Members: None ABSENT: Hember: Bowman VI. OLD BUS !NESS None. VII. NEil'll BUS TIœSS SETTlEMENT OF EASE}1ENT PARCEL 17, TfATEHSHED 24 SOUTH 1~. Horstkotte, District Manager-Engineer, reported that easement Parcel 17, Watershed 2h South, eould be settled for $600.00 and it was the staff's recommendation to accept; pa~rment to be made from funds on deposit by the City of Martinez assessment district. It was moved by Member Fisher, seconded by }fember Roemer, that the ease- ment from John J. Sanko and Earl E. Sanko be accepted, its recording ordered, and that $600.00 be authorized to be paid from funds on deposit with the District by the City of ~Iartinez assessment district in full settlement. Carried bv the following vote: " AYES: NOES: ABSENT : Hembers: Members: }1ember: Gibbs, Roemer, Fisher and Mitchell None Bowman 06 00 63 lu6 BUDGET COHHITI'EE President Mitchell appointed Members Fisher and Gibbs as the 1963-1964 Budget Committee. RESOLUTION NO. 1369, APPOTIJTING DANIEL T. LOPEZ, UTILITY HAH It was moved by Member Roemer, seconded by Member Gibbs, that Resolution ~o. 1369 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Hembers: Members: l1ember: Gibbs, Roemer, Fisher and ~litchel1 None Bowman AUTHORIZING PATIŒNT OF FREIGHT BILLS HHEN DUE Hr. Horstkotte, District r,'lanager-Engineer, explained that Section 223 of the Federal C2rriers Act requires that freight charges must be paid ¡.ñthin seven days from the date the bill is rendered. He requested authorization to pay these bills when rendered and not along with the monthly bills so as to comply. It was moved by Member Fisher, seconded ty Member Gibbs, that, in order to comply 1dth Section 223 of the Federal Carriers Act, all freight bills shall be paid at the time the;! are rendered rather than along with the regular bins each month. Carried by the following vote: AYES: NOES: ABSENT: Hembers: Members: IvIember: Gibbs, Roemer, Fisher and ~litchell None Bo'WI!1an APPROVAL OF !/JATERSHED STUDY FOR 11]ATERSHED 35 NORTH It was moved by Member Gibbs, seconded by Member Roemer, that Tvatershed 35 North Study, as set forth in memorandum to the District Board dated May 27, 1963, establishing a watershed charge of $400.00 per acre, be approved. Carried b;)r the following vote: AYES: NOES: ABSENT: Nembers: Members: 11ember: Gibbs, Roemer, Fisher and Mitchell None Bowman TELFER SZ1,VER CONNECTIOY Ì~. Horstkotte explained that l1r. Thomas Telfer entered into an agreement vnth the District in 1951 for annexation to the District ~~thout cost and 9ayment of only inspection charges for three connections to the District's se~~r system in exchange for an easement granted. Mr. Telfer is now connecting a home and expects to be annexed and pay only permit and inspection fees. Since the agreement, a connection ctarge Ordinance and watershed charge are in effect. After the District staff and Counsel for the District reviewed all information in the District files, the matter was submitted to r~. John Nejedly, Counsel for the District at the time, for his opinion relative to the agreement and ~nlat charges, if any, r~. Telfer might now be responsible for. Mr. Nejedly's letter to Charles 1"rilliams, representing Mr. Bohn, Counsel for the District, dated May 28,1963, stated he felt that ltr. Telfer should be allowed to connect to the District upon the pa:;ment of permit and inspection fees only. It was moved by Member Gibbs, seconded by }1ember Roemer, that ~1r. Telfer be permitted to connect to the District sewer system upon the pa~ment of permit and inspection fees only, in accordance with agreement dated Septenmer 5,1951. Carried by the following vote: AYES: Hembers: Gibbs, Roemer, Fisher and Hitchell NOES: Hembers: None ABSENT: Hember: Bowman 0 6 Of:; 63 iH~ - ( LOCAL D-fPROVEHENT DISTRICT NO. h2, EASE~NT PARCEL 20 SETTLE~ŒNT Hr. Horstkotte, District Hanager-Engineer, requested authortzation to settle for up to $)00.00 with }IT. and ~s. Liedstrand for a bridge they are to build across the creek over the pipe in the easement to be granted. It was moved by Member Roemer, seconded by Member Gibbs, that the District staff be authorized for up to $500.00 to settle ~~th Mr. and Mrs. Liedstrand for the bridge they are to build over the pipe in the easement requested of them. Carried by the foll~dng vote: AYES: NOES: ABSENT: Members: Members: Hember: Gibbs, Roemer, Fisher and Mitchell None Bowman ACCEPTANCE OF EASEl>1ENTS It was moved by Nember Fisher, seconded by Member Gibbs, that easements from Maud L. Thorp and A. Bernard Muth be accepted and their recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Roemer, Fisher Ðnd Mitchell None Bowman VIII. REP ORTS DISTRICT MANAGER-ENGINEER RELOCATION OF SET'lER IN FREITAS ROAD, WATERSHE.D 35 SOUTH Mr. Horstkotte, District Manager-Engineer, requested authorization of $5,000.00 from Sewer Construction General Funds to relocate sew~r in ~-Jô.tershed 35 South, Freitas Road. It was moved by Member Fisher, seconded by Member Gibbs, that $5,000.00 be authorized from Sewer Construction General Funds to relocate se~~r in Freitas Road, Watershed 35 South. Carried by the following vote: AYES: NOES : ABSENT: Hembers: Members: Member: Gibbs, Roemer, Fisher and Mitchell None Bowman IX. ADJ OURN11E NT At 10:50 o'clock P.lI., the meeting was ad,journed by President J1itchell to June 10,1963. COTJNTERS IGNED : 06 06 63 -----.--.-----.-.----.--.----.---.--------.--.---..- .. -..-----.-.---------.----