HomeMy WebLinkAboutBOARD MINUTES 08-05-65
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MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD AUGUST 5, 1965
The District Board of Central Contra Costa Sanitary District convened
in a Regular Session at its regular place of meeting located at 1250
Springbrook Road, Walnut Creek, County of Contra Costa, State of California,
on August 5, 1965, at 8:00 o'clock P.M.
The meeting was called to order by President Mitchell.
1.
ROLL CALL
PRESENT:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
ABSENT:
Memb e rs :
None
II.
APPROVAL OF MINUTES
The Minutes of the meeting of July 22, 1965, were approved as presented.
III.
APPROVAL OF EXPENDITURES
It was moved by Member Roemer, seconded by Member Rustigian, that the
expenditures, as audited by the Auditing Committee and as submitted by the
District Administrative Engineer, be approved, reference being specifically
made to Sewer Construction Vouchers Numbers 1966 to 1974, inclusive, and
Running Expense Vouchers Numbers 7006 to 7240, inclusive. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
IV.
BIDS
None.
V.
HEARINGS
-PELINQUENT SEWER SERVICE CHARGES. CONTINUED
President Mitchell asked for reports on the several sewer service charge
problems that were continued.
Account No. 53-PH. M. E. Williamson
Mr. M. E. Williamson, Account No. 53-PH, stated that he had, as promised,
deposited with the District a check in the ,sum of $7,220.00, the 90% balance
due on the connection charge, and asked for relief from the service charge due.
Mr. Williamson presented his deed to the property which showed its
recording on February 8, 1965, in Book 4800, at page 80.
After discussion, it was moved by Member Gibbs, seconded by Member
Rustigian, that Mr. Williamson be relieved of the service charge due on
Account No. 53-PH from the date of his purchase of the property and that Mr.
Bohn, Counsel for the District, be authorized to take action for collection
of the service charge delinquent prior to February 8, 1965, from the previous
owner, George Jacob Barnett. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
Account No. 53-PH was paid to December 31, 1964, making the amount to be
collected $78.00 per month from January 1,1965, to February 8, 1965.
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1.23
Account No. 3-L, B. Cleveland Meyer
Mr. Dalton, District Administrative Engineer, representing Mr.
District Manager-Engineer, reported that on checking the protest of
Cleveland Meyer, it was discovered that the builder of their 6-p1ex
owned the 4-plex on the same street on which the service charge was
Horstkotte,
Mr. B.
had also
due.
Due to an error in picking up the wrong County Assessor's number, the
Meyer's were charged with the service charge. Having failed to receive the
notices sent for the delinquencies, it was collected on their 1963-64 and
1964-65 tax bills.
When they received the delinquent notice this year, they protested that
the connection charge had been paid in full for their 6-p1ex and no service
charge was due. This was found to be correct.
The billing should have been to Constance P. Hansen, the owner of the
4-plex, County Assessor's No. 243-030-03.
Mrs. Meyer presented tax bills showing that they had paid $179.79 for
delinquent service charges.
After discussion, it was moved by Member Roemer, seconded by Member
Rustigian, that $179.79 be refunded to Mr. and Mrs. B. Cleveland Meyer for
the service charges they had paid due to error, and that Constance P. Hansen,
the owner of the 4-p1ex, be given the option of paying the balance of the
connection charge or from this date go on the service charge. Carried by
the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
Account No. 38-WC. Duffel-Smoot Co.
Members of the District Board were informed that Account No. 38-WC
had not been paid as of this date.
Mr. Dalton, District Administrative Engineer, representing Mr. Horstkotte,
District Manager-Engineer, stated that there is approximately $11,000.00 due
and there is a credit on the District's books of a rebate due Duffel-Smoot
in the sum of $5,491.00.
After discussion, it was moved by Member Gibbs, seconded by Member
Roemer, that Account No. 38-WC be kept off the 1965-66 tax roll and that Mr.
Bohn, Counsel for the District, be authorized to take action for collection,
and that any funds that may be due Duffel-Smoot be approved by the District
Board prior to payment. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
Account No. 35-WC. San Francisco Bay Area Rapid Transit District
Mr. Dalton, District Administrative Engineer, representing Mr. Horstkotte,
District Manager-Engineer, reported that the building representing Account
No. 35-WC had been sold to the Bay Area Rapid Transit District in November,
1964, and was moved from the property to another location and given a new
number, Account No. 130-PH.
After it was stated the building under Account No. 35-WC had not been
occupied during the period it was billed to San Francisco Bay Area Rapid
Transit District, it was moved by Member Howard, seconded by Member Gibbs,
that the delinquent service charge for Account No. 35-WC be cancelled.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
08
05
65
121:
RESOLUTION NO. 1517. A RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT
SERVICE CHARGES ON THE 1965-66 TAX ROLL
It was moved by Member Gibbs, seconded by Member Roemer, that Resolution
No. 15l7 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
None.
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
V1.
OLD BUSINESS
VII.
NEW BUSINESS
DISTRICT SEWERING PROJECT 1275
Mr. Dalton, District Administrative Engineer, representing Mr. Horstkotte,
District Manager-Engineer, stated that the Athenian School was short of funds
to complete their sewer project in the Diablo area. He stated that there is a
need for the trunk sewer in the area and recommended that the District install
the line at an estimated cost of $8,000.00. This sum will be recovered by
future connections.
After discussion, it was moved by Member Howard, seconded by Member
Rustigian, that the plans and specifications be approved for District Sewering
Project 1275 and the call for bids be authorized. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Memb e rs :
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
RESOLUTION NO. 1518. A RESOLUTION ORDERING REDUCTION IN AMOUNTS OF CERTAIN
ASSESSMENTS. LOCAL IMPROVEMENT DISTRICT NO. 44
It was moved by Member Gibbs, seconded by Member Roemer, that Resolution
No. 1518 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
SETTLEMENT OF EASEMENT PARCEL 44- 7-8. BROWN
Mr. Dalton, District Administrative Engineer, representing Mr. Horstkotte,
District Manager-Engineer, stated that easement Parcel 44-7-8 could be settled
in the amount of $75.00 and it was the staff recommendation to settle.
It was moved by Member Gibbs, seconded by Member Howard, that easement
Parcel 44-7-8 be settled in the amount of $75.00. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Membe rs :
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
ACCEPTANCE OF EASEMENTS
It was moved by Member Rustigian, seconded by Member Roemer, that easements
from Addison C. Page, Nicola Cosso, Walter E. Wendt, James Haynes, Alan F. Kelsey.,
Eugene C. Scofield, Robert E. McAdam, Burt S. Hofmann, Charles R. Baer, Ardern R.
Batchelder and Joe Cole Williams be accepted and their recording ordered. Carried
by the following vote:
AYES:
NOES:
ABSENT:
08
Membe rs :
Members:
Members:
05
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
65
125
RESOLUTION NO. 1519. A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER
TO FILE NOTICE OF ACCEFTANCE AND COMPLETION. LOCAL IMPROVEMENT DISTRICT NO. 44-4
It was moved by Member Howard, seconded by Member Rustigian, that Resolution
No. l5l9 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
RESOLUTION NO. 1520. A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER
TO FILE NOTICE OF ACCEPTANCE AND COMPLETION, LOCAL IMPROVEMENT DISTRICT NO. 44-8
It was moved by Member Howard, seconded by Member Rustigian, that Resolution
No. 1520 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
SETTLEMENT OF EASEMENT PARCEL 45-l-1. KNUDSEN
Mr. Dalton, District Administrative Engineer, representing Mr. Horstkotte,
District Manager-Engineer, stated that the owner of easement Parcel 45-1-1,
presented an agreement to be executed by the District which provides for
payment of $675.00. The agreement has met with the approval of the staff and
Counsel for the District.
It was moved by Member Rustigian, seconded by Member Howard, that the
President and Secretary be authorized to execute the agreement for easement
Parcel 45-1-1, which provides for payment of $675.00. Carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
REQUEST OF BRYAN & MURPHY. ENGINEERS FOR TRACT NO. 3306. COUNTY ASSESSMENT
DISTRICT NO. 1964-4. FOR CONDEMNATION OF EASEMENT
Letter from Bryan & Murphy was presented.
Mr. Dalton, District Administrative Engineer, representing Mr. Horstkotte
District Manager-Engineer, stated that Mr. Eugene Sturgis, Counsel for the
Assessment District, has had an independent appraisal made of the easement.
After discussion, it was suggested that Mr. Bohn, Counsel for the
District, work with the office of Mr. Eugene Sturgis on the condemnation.
RESOLUTION NO. 1521. AUTHORIZING CONDEMNATION OF EASEMENT TO SERVE
TRACT NO. 3306. COUNTY ASSESSMENT DISTRICT NO. 1964-4
It was moved by Member Gibbs, seconded by Member Rustigian, that
Resolution No. 1521 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
VII 1.
REPORTS
DISTRICT MANAGER-ENGINEER
PROGRESS OF ALL CONTRACT WORK
Mr. Dalton, District Administrative Engineer, representing Mr. Horstkotte,
District Manager-Engineer, reported on all contract work in progress.
AUTHORIZATION TO SETTLE EASEMENT PARCEL 45-1-26
Request was made for authorization to settle easement Parcel 45-l-26 up
to $900.00 for value of the easement plus damage.
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65
1.2(-;
It was moved by Member Roemer, seconded by Member Howard, that the District
staff be authorized to settle easement Parcel 45-1-26 for up to $900.00. Carried
by the following vote:
AYES:
NOES:
ABSENT:
Membe rs :
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
AUTHORIZATION FOR PAYMENT TO ROACH & ASSOCIATES FOR APPRAISAL OF TREES
It was moved by Member Rustigian, seconded by Member Howard, that
payment of $IO.OO to Roach & Associates be authorized for appraisal of trees
to be destroyed on easement Parcel 45-1-26. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
SETTLEMENT OF EASEMENT PARCEL 45-1-39. HORNING
Upon staff recommendation, it was moved by Member Roemer, seconded by
Member Gibbs, that easement Parcel 45-1-39 be settled for $135.00. Carried
by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
CITY OF MARTINEZ SEWAGE STUDY
Mr. Dalton discussed at length with the District Board the report he had
prepared relative to the District serving the City of Martinez and discussed
entering into a contract with them.
Member Roemer commended Mr. Dalton for his work on the Martinez sewage
dispos al study.
President Mitchell suggested that a Special Meeting be held for dis-
cussion of the City of Martinez sewage disposal study.
COUNSEL FOR THE DISTRICT
LINE E, PARCEL 5, CONDEMNATION
Mr. Carniato, representing Mr. Bohn, Counsel for the District, stated
he had been requested by Mr. H. Mutnick, Attorney for Mr. Curran, to question
the Board relative to concluding condemnation action.
Member Roemer stated that when the Board had authorized condemnation,
they expected it to be carried to conclusion in the Court if no reasonable
settlement in the area of District appraisals could be made.
LITIGATION. LOCAL IMPROVEMENT DISTRICT NO. 44-8
Mr. Carniato stated that Mr. Cornelison, owner of easement Parcel
44-8-5, had filed legal action relative to his being included in the
Assessment District.
Mr. Carniato requested authorization to associate Mr. Bohn, Counsel
for the District, with Mr. Ernest Wilson, Attorney for the Assessment
District No. 44-8, on this action.
It was moved by Member Roemer, seconded by Member Rustigian, that
Mr. John Bohn, Counsel for the District, associate with Mr. Ernest Wilson,
Attorney for Local Improvement District No. 44-8, for the Cornelison
litigation. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
08
Gibbs, Rustigian, Howard, Roemerand Mitchell
None
None
05
(1. ~
'J ~}j
1,27
IX.
ADJOURNMENT
At lO:40 o'clock P.M., the meeting was adjourned by President Mitchell
to August 19, 1965.
~
he District Board of the
a Costa Sanitary District of
County, State of California
COUNTERSIGNED:
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. -"", . ~ ~...". - ,. "'"'-
Sec~ of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
08
05
65