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Home My WebLink AboutBOARD MINUTES 03-02-67 j-f9 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD MARCH 2,1967 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 March 2,1967, at 8:00 o'clock P.M. The meeting was called to order by President Gibbs. I. ROLL CALL PRESENT: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs ABSENT: Members: None II. APPROVAL OF MINUTES It was moved by Member Mitchell, seconded by Member Roemer, that the Minutes of the February 16, 1967, meeting be approved as presented and the Minutes of the February 23, 1967, meeting be approved subject to the follow- ing corrections: Under "VI. OLD BUSINESS, GARBAGE RATES", the second paragraph shall read: "Mr. Horstkotte, General Manager-Chief Engineer, selecting the Orinda Garbage Disposal Service, indicated on the blackboard what their earnings are." The sixth paragraph shall read: "President Gibbs stated three things should be considered when establish- ing rates: 1. 2. 3. Review of financial statements Charges made in other areas Trend of rates related to cost changes" The second paragraph after the adoption of Ordinance 66 shall read: "Mr. Webb, who stated he worked for the State Public Utilities Commission, discussed with the District Board whether a cash or accrual accounting basis should be used along with other basic items in the calculation." Motion correcting Minutes carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None III. APPROVAL OF EXPENDITURES It was moved by Member Mitchell, seconded by Member Roemer, that the expenditures, as audited by the Auditing Committee and as submitted by the General Manager-Chief Engineer, be approved, reference being specifically made to Sewer Construction Vouchers Numbers 139 to 217, inclusive, Running Expense Vouchers Numbers 6064 to 6186, inclusive, and Payroll Vouchers Numbers 620 to 700, inclusive. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None IV. HEARINGS None. V. BIDS None. 03 02 67 4 '-.. 0 -.Î, ,r.-.í'.. VI. OLD BUSINESS ORDINANCE 66 Member Mitchell stated that Ordinance 66, as published, did not indicate the extra pickup for the $2.20 rate established in the Pleasant Hill area. ORDINANCE 66A, AN ORDINANCE MODIFYING ORDINANCE 66. PLEASANT HILL GARBAGE COLLECTIONS" It was moved by Member Mitchell, seconded by Member Allan, that Ordinance 66A be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None VII. NEW BUSINESS REQUEST OF JOHN L. COOLEY FOR WAIVER OF CONNECTION CHARGES Mr. Horstkotte, General Manager-Chief Engineer, presented Mr. Cooley's letter. President Gibbs asked Mr. Cooley if he wished to make a statement. Mr. Cooley stated that he was not able to confirm the statement in his letter that others had received free connections on granting easements. He stated that District trucks had used his property to maintain the sewer across the creek in the rear of his property and he had been a watchdog for the District in calling when he felt the lines needed attention. He stated his connection charge amounts to $235.00, and he felt the excessive use of the property warranted a free connection. Mr. Horstkotte stated that, if the Board looked with favor on compensat- ing Mr. Cooley, he suggested the District investigate further. After discussion by Members of the Board, Member Roemer suggested the staff investigate further, giving consideration to the unanticipated use of the property. Continued to March 16, 1967. STORM DAMAGE CLAIMS Mr. Horstkotte, General Manager-Chief Engineer, presented the following claims for sewer overflow damage resulting from the January 21, 1967, storm: Mrs. Jean Odell, 11 Miramonte Court, Walnut Creek, $403.00; letter dated February 27, 1967. Mr. Horstkotte stated it was the staff recommendation to pay. It was moved by Member Roemer, seconded by Member Rustigian, that Mrs. Jean Odell be paid $403.00 after receipt of signed Release in Full Settle- ment and Compromise for sewer overflow damage which occurred on January 21, 1967. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None Robert W. Woody, $49.75 (tenant); C. A. Coleman, $80.00 (owner), 329 Glorietta Boulevard, Orinda; letter dated February 3,1967. Mr. Horstkotte stated it was the staff's recommendation to pay. 03 02 67 121 It was moved by Member Mitchell, seconded by Member Rustigian, that Mr. Robert W. Woody (tenant) be paid $49.75 and Mr. C. A. Coleman (owner) be paid $80.00 as a result of damages from sewer overflow resulting from the storm of January 21, 1967, after receipt of signed Releases in Full Settlement and Compromise. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None A. G. Polgar, $27.07, 325 Glorietta Boulevard, Orinda; letter dated February 15, 1967. Mr. Horstkotte stated it was the staff's recommendation to pay. It was moved by Member Rustigian, seconded by Member Allan, that A. G. Polgar be paid $27.07 damages as a result of sewer overflow during storm on January 21, 1967, after receipt of signed Release in Full Settlement and Compromise. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None Bradley's, $65.38, 3506 Mt. Diablo Boulevard, Lafayette; letter dated February 9,1967, from William R. Hockins, insurance broker. Mr. Horstkotte stated it was the staff's recommendation to pay. It was moved by Member Mitchell, seconded by Member Rustigian, that Bradley's be paid $65.38 damages resulting from sewer overflow during storm on January 21, 1967, after receipt of signed Release in Full Settlement and Compromise. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None AGREEMENT RELATIVE TO BUILDING OVER SEWER EASEMENT. R. B. JOHNSON Mr. Horstkotte stated that Mr. Johnson is required to enter into an agreement which provides for, in part, indemnification for damage to District facilities, indemnification for extra District costs due to installation of structure, property owner's liability for damage to third persons or property, maintenance of structure is revocable, binds successors in interest. After the explanation and recommendation by Mr. Horstkotte, General Manager-Chief Engineer, it was moved by Member Roemer, seconded by Member Allan, that the President and Secretary be authorized to execute the agree- ment with Mr. R. B. Johnson, permitting him to build an office building and retail stores (Job 576) over easement. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: ACCEPTANCE OF EASEMENTS Mitchell, Rustigian, Roemer, Allan and Gibbs None None It was moved by Member Rustigian, seconded by Member Roemer, that ease- ments from Joan D. Simpson, Sam Kantrowitz, Joseph Soares, Bruno P. Franceschi, Peter T. Muller, C. M. Fitzgerald, Jeannette C. Howard, William D. Leisure, Hans P. Schnitler and Contra Costa County Flood Control and Water Conservation District be accepted and their recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None tÌ 'ì. ,. g~. ,t ",--1.__~ (f, C) V",", 6 ~7 1"""':) , ... PLANS AND SPECIFICATIONS, OUTFALL MODIFICATION Mr. Horstkotte, General Manager-Chief Engineer, presented plans and specifications for the Outfall Modification, and requested authorization to call for bids. Mr. Horstkotte stated that approval had been received from all agencies except the U. S. Corps of Engineers, which is expected soon. Estimated cost $85,000.00. It was moved by Member Roemer, seconded by Member Mitchell, that the plans and specifications for the Outfall Modification be approved and the call for bids authorized when the approval of the U. S. Corps of Engineers is received. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None INVOICES FROM MR. JOHN A. BOHN Invoices from Mr. Bohn, Counsel for the District, were for $223.90, final billing for Kantrowitz easement litigation, County Assessment District, approved by County, and $2,367.42, final billing for Dr. Maloney litigation, previously authorized by the Board. It was moved by Member Mitchell, seconded by Member Allan, that Mr. Bohn, Counsel for the District, be paid $223.90, final billing for Kantrowitz litigation, and $2,367.42, final billing for Dr. Maloney litigation. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None CORRESPONDENCE FROM STURGIS, DEN-DULK. DOUGLASS AND ANDERSON RE AGREEMENT FOR ASSESSMENT DISTRICT NO. 31. CITY OF CONCORD (SUN VALLEY SHOPPING CENTER) Mr. Horstkotte, General Manager-Chief Engineer, and Mr. Bohn, Counsel for the District, explained this was an assessment district by the City of Concord to acquire the underground utilities in the Sun Valley Shopping Center. Sewers have been installed and fees paid to the District. Mr. Bohn stated the agreement presented no problem except responsibility for future relocation, if necessary. It was moved by Member Allan, seconded by Member Roemer, that the President and Secretary be authorized to execute the agreement with the City of Concord for Assessment District No. 31 (Sun Valley Shopping Center), subject to the approval of Mr. Bohn, Counsel for the District. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None CORRESPONDENCE FROM STURGIS. DEN-DULK. DOUGLASS AND ANDERSON RE AGREEMENT FOR ASSESSMENT DISTRICT 1967-1. ROUND HILL ESTATES. UNIT NO.3. COUNTY OF CONTRA COSTA Mr. Horstkotte, General Manager-Chief Engineer, and Mr. Bohn, Counsel for the District, stated this was an assessment district for the installation of underground utilities; the following fees are to be collected as part of the assessments and paid to the District: Acreage Charge Inspection & Lateral Fees Plan Checking Fee $7,827.28 661.10 63.00 After discussion, it was moved by Member Mitchell, seconded by Member Rustigian, that the President and Secretary be authorized to execute the agree- ment with the County of Contra Costa for Assessment District 1967-1, Round Hill 03 02 617 1?1 Estates, Unit No.3, subject to the approval of Mr. Bohn, Counsel for the District. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None VII I. REPORTS GENERAL MANAGER-CHIEF ENGINEER EXPENSES FOR CALIFORNIA SANITARY & SANITATION DISTRICTS ASSOCIATION MEETING Mr. Horstkotte, General Manager-Chief Engineer, requested authorization for transportation, direct billing to the District for hotel, and $20.00 per day for three days, a total of $60.00 each, for himself and Member Mitchell to attend an Executive Committee meeting of the California Sanitary & Sanitation Districts Association the first part of April, 1967. It was moved by Member Roemer, seconded by Member Allan, that Member Mitchell and Mr. Horstkotte, General Manager-Chief Engineer, be authorized to attend the California Sanitary & Sanitation Districts Association Executive Committee meeting in Palm Springs the first part of April, and transportation, direct billing to the District for hotel and $60.00 each be authorized. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None STATUS OF TUNNEL WORK Mr. Horstkotte reported that the first concrete pour had been made for Job 1371, Tunnel work. COUNSEL FOR THE DISTRICT LOCAL IMPROVEMENT DISTRICT NO. 44 LITIGATION Mr. Bohn, Counsel for the District, reported he and Mr. Carniato had appeared in Court in Los Angeles relative to the Local Improvement District No. 44 Johns Manville litigation. Mr. Bohn reported that the District was relieved of any liability. REPORT RE PENDING LITIGATION Mr. Bohn stated he was preparing a report for the Board Members of all pending litigation. LEGISLATIVE PROGRAM FINANCING Mr. Bohn discussed with the District Board the California Sanitary & Sanitation Districts Association problems in financing the legislative program. IX. ADJOURNMENT At 9:55 o'clock P.M., the meeting was adjourned by President Gibbs to March 16,1967. //ire: ¿~ /u>7<- COUNTERSIGNED: President of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California /- (" (/~ -"'c', ~ ~;::- ;,~?/': ,- Secr~sry of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California ^ ~.' ~, "~~ '\.-i :J U(.'\., n ." . 6 \1