HomeMy WebLinkAboutBOARD MINUTES 06-08-67
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MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD JUNE 8,1967
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 June 8,1967, at 8:00 o'clock P.M.
The meeting was called to order by President Gibbs.
1.
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 Allan, that the
Minutes of the meeting of June 1,1967, be approved after amending the
ninth paragraph under "V1. OLD BUSINESS, BROWN AND CALDWELL REPORT", to
read as follows:
"Mr. Horstkotte discussed the possible ponding of periodic excess flows
at the Treatment Plant and then bleeding the stored excess back into the
Plant when flow is back to normal to prevent bypassing to streams and causing
contamination."
Motion amending 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 251 to 286, inclusive, Running
Expense Vouchers Numbers 6484 to 6619, inclusive, and Payroll Vouchers
Numbers 869 to 955, inclusive. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
IV.
HEARINGS
RESOLUTION OF INTENTION NO. 1685, LOCAL IMPROVEMENT DISTRICT NO. 47
President Gibbs opened the Hearing for Local Improvement District
No. 47.
President Gibbs explained to the audience that the District acts as
agent for the property owners in the formation of Local Improvement Districts.
President Gibbs stated that the District does not promote or impede the
formation of Local Improvement Districts. The District informs people they
can get sewers if the area desires sewers and meets requirements established
by the District and the County Health Officer.
This has happened in this area with three areas easy to sewer designated
by the District as Public Sewering Areas (PSA) 8 and 9 and an unimproved area.
The District first received requests for sewering the areas in 1963, at
which time the District furnished information.
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The property owners, at the time, attempted to get the required petitions
for formation of the Local Improvement District and failed.
After the failure to obtain the required petitions, informational meetings
were held and further attempts were made to get sufficient petitions.
President Gibbs stated that the Engineering Department made a determination
as to the most economical and logical area to sewer.
The determination was made that sewering PSAs 8 and 9 and an unimproved
area was the most logical and economical.
President Gibbs stated that finally 65% of the assessed valuation was
signed, which met the District requirements for formation of a Local Improve-
ment District.
President Gibbs asked Mr. Horstkotte, Engineer for Local Improvement
District No. 47, for a breakdown of the percentage of assessed valuation
signed in the three separate areas.
Mr. Horstkotte reported that the unimproved area was 100%, PSA 8 75%,
and PSA 9 57%, for a total of 65% for the proposed area.
Mr. Horstkotte stated that, this having met District requirements, the
District proceeded with the engineering, acquisition of rights of way, and
received bids for the work this day.
Mr. Horstkotte stated that part of the proceedings was the study and
equitable distribution of assessments for each property, which was made, and
notices sent to property owners.
President Gibbs stated it was the function of the District Board to hear
protests and determine if an equitable distribution of costs had been assessed
against the properties.
President Gibbs then asked for protests.
Mr. Horstkotte presented a resume of a questionnaire sent to property
owners by the Canyon Ranch Association under letter dated May 12, 1967, as
follows:
Canyon Ranch Association Questionnaires
The Canyon Ranch Association circulated a letter and questionnaire, dated
May 12, 1967, to property owners within the association area.
The questionnaires were to be filled out, signed and returned to the
association. Copies of 30 completed questionnaires were forwarded to the
District and have been reviewed by the staff. Of the 30 questionnaires
received by the District, two (2) are signed by property owners outside of
the Local Improvement District boundary; thirteen (13) are considered pro-
tests to the sewer development (11 of which have never signed petitions
requesting sewers and 2 have previously signed petitions requesting sewers,
1 of which is a new property owner of a property previously signed requesting
sewers); fifteen (15) (including 2 withdrawals) of the questionnaires are
marked favoring the installation of sewers in the area, but in some cases
would like additional information.
The correspondence and questionnaires are on file in the District office.
Mr. Horstkotte presented the following individual, written protests:
Assessment Parcel 47-13-13, Jack Lackey, Jr.
Mr. Horstkotte stated that Mr. Lackey had requested that service to his
property be reduced and the assessment adjusted accordingly.
Mr. Horstkotte stated that direct service had been provided to two parcels
and two units of assessment levied. Service will now be cut back to serve one
parcel with indirect service to the second parcel, and he recommended the units
of assessment be adjusted to one and one-half units rather than the two assessed.
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It was moved by Member Mitchell, seconded by Member Allan, that the
assessment for Parcel 47-13-13 be reduced to one and one-half units from
two units. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
Assessment Parcels 47-10-3,9, 10, Dr. William B. Sheppard
Mr. Horstkotte stated that Dr. Sheppard opposed the manner in which
Canyon Ranch was included in the Assessment District. He stated that, if it
was mandatory that he be included, he requested that direct service be made
available to his three sites rather than the only one now with direct service.
Mr. Horstkotte explained to Dr. Sheppard that to serve these sites it would
be necessary to grant easements to them and accept three units of assessment
from the present two units.
Mr. Horstkotte stated he would check the feasibility and discuss it with
Dr. Sheppard.
After discussion, it was moved by Member Mitchell, seconded by Member
Rustigian, that Mr. Horstkotte, Engineer for Local Improvement District No. 47,
be authorized to make a determination for direct service to the three sites
owned by Dr. William B. Sheppard, Assessment Parcels 47-10-3, 9 and 10 and, if
provided with direct service, change the assessments to three full units from
the present two units. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
Assessment Parcel 47-4-3, Calvin Hagstrom
Mr. Horstkotte stated that Mr. Hagstrom was protesting being assessed for
two building sites because of terrain.
Mr. Horstkotte presented a plan of the property indicating access and contour,
and stated it was the staff recommendation that the property be assessed for two
sites.
Mr. Hagstrom explained to the Board Members why only one site was practical.
After discussion, the Members of the Board decided that those who could would
visit the site prior to final determination of assessment.
Continued to June 15,1967.
Assessment Parcels 47-4-9 and 10, Walter Wilner
Mr. Horstkotte stated that Mr. Wilner protested two units of assessment for
his property. Mr. Horstkotte stated that the property is is two individual, sub-
divided lots and, on checking with the County Building Inspection Department, a
letter was received from them dated June 6, 1967, which stated that the property
was improperly split and the two parcels are considered as one site. He stated
it was the staff recommendation to reduce the assessment to one unit from two units.
It was moved by Member Roemer, seconded by Member Rustigian, that Assessment
Parcels 47-4-9 and 10 be reduced to a total of one unit of assessment from the
present two units. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
Assessment Parcel 47-13-5, Dr. Robert J. Oakes
Dr. Oakes presented two letters, both dated June 8,1967, protesting the
proposed increase in his assessment.
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Dr. Oakes referred to correspondence from the District proposing to
increase his assessment, which he discussed with the Board Members.
Dr. Oakes also discussed the easement which had been requested of him.
Mr. Horstkotte explained the increase in assessment.
Mr. Horstkotte stated the easement previously requested of Dr. Oakes
had been relocated off his property.
After discussion, it was moved by Member Roemer, that the staff recom-
mendation of three and one-half units of assessment for Assessment Parcel
47-13-5 be approved.
Member Mitchell suggested that the Board Members visit Dr. Oakes'
property to final determination.
Member Roemer's Motion failed for lack of a second.
Continued to June 15, 1967.
There being no other written protests, President Gibbs asked if anyone
wished to be heard.
Mr. Robert Perry stated that a meeting was held Monday night by a group
in the Canyon Ranch area, along with a representative of the Health Department.
He stated that they felt continued use of septic tanks could be permitted
in the area. He stated that certain aspects of the sewer installation the
group did not like which might detract from the area, such as exposed creek
crossings, damage to trees, and possible creation of erosion problems. He
asked about separating PSA 9, Canyon Ranch area, from the Assessment District.
Others who discussed the sewering of the area with the Board Members were
Mr. Hartz, Mr. Nider, Dr. Pearson and Mr. Pedranti.
After discussing the exclusion of certain properties, President Gibbs
asked those in the audience to indicate whether they wished to be excluded
from the Assessment District No. 47.
The following requested exclusion, and their properties were marked on a
large map on the wall:
Mr. Hartz, Mr. Roth, Mr. Bacon, Mr. Perry, Mr. Nider, Mr. Pearson, and
Dr. Oakes.
President Gibbs then requested Mr. Horstkotte to present those who had
requested, in writing, to be excluded, not duplicating those already indicated
on the map. They were as follows:
Parcel
Parcel
Parcel
Parcel
Parcel
Parcel
Parcel
47-12-5 -
47-11-6 -
47-11-11-
47-12-2 -
47-11-2 -
47-11-12-
47-12-10-
Higgins
Boyce
Carpenter
Frentzen
Dr. Konkin
Cairns
Thomas
Mr. E. Wilson, Attorney for Local Improvement District No. 47, answered
legal questions asked by the audience.
After reviewing the location of those requesting exclusion, Mr. Horstkotte,
Engineer for Local Improvement District No. 47, determined that the Cairns
property and one parcel of Dr. Pearson's property were the only ones that
could be considered for exclusion.
Mr. Horstkotte stated that the properties should not be excluded. They
could have the sewer cut back and be assessed only for the availability of
trunk sewers in the area.
President Gibbs noted that those requesting exclusion had not signed
petitions for sewers, with two exceptions.
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Dr. Pearson stated that his home is located on the parcel indicated
and withdrew his protest for exclusion if the remainder of his property
.
was not considered for exclusion.
President Gibbs stated that the complaint about the appearance of the
several creek crossings could be given attention.
After discussion, President Gibbs closed the Hearing as to protests on
Resolution of Intention No. 1685, Local Improvement District No. 47.
Mr. E. Wilson, Attorney for Local Improvement District No. 47, presented
and explained the following resolutions:
RESOLUTION NO. 1714, A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF
INTENTION NO. 1685, LOCAL IMPROVEMENT DISTRICT NO. 47
It was moved by Member Rustigian, seconded by Member Allan, that
Resolution No. 1714 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
President Gibbs stated the Board Members would visit the Oakes, Hagstrom
and Cairns properties.
It was moved by Member Mitchell, seconded by Member Roemer, that the
staff be authorized to make a study at District expense as to what may be done
to improve the appearance of creek crossings. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
RESOLUTION NO. 1715, A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENTS AND ORDERING THE WORK AND ACQUISITIONS, LOCAL
IMPROVEMENT DISTRICT NO. 47
It was moved by Member Mitchell, seconded by Member Rustigian, that
Resolution No. 1715 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
RESOLUTION NO. 1716, A RESOLUTION DESIGNATING COLLECTION OFFICER
LOCAL IMPROVEMENT DISTRICT NO. 47
It was moved by Member Mitchell, seconded by Member Roemer, that
Resolution No. 1716 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
Mr. Horstkotte, Engineer for Local Improvement District No. 47, presented
bids for Local Improvement District No. 47 work, opened at 2:00 o'clock P.M.
this day, which were as follows:
1.
2.
Joseph R. Ramos
Schedule A-1 $183,997.50
Schedule A-2 176,957.00
Schedule B 212,298.00
Schedule A-1 $215,099.25
Schedule A-2 208,234.00
Schedule B 280,147.60
Schedule A-I $241,097.85
Schedule A-2 234,793.69
Schedule B 262,306.10
M.G.M. Construction Co.
3.
Vincent Rodrigues Construction,
Inc.
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4.
Schedule A-I $267,267.00
Schedule A-2 255,505.00
Schedule B 324,324.00
Schedule A-1 $294,852.70
Schedule A-2 283,216.40
Schedule B 356,503.35
Schedule A-1 None
Schedule A-2 None
Schedule B $342,422.00
McGuire and Hester
5.
Granite Construction Co.
6.
Prodanovich - Kettlewell
Mr. Horstkotte, Engineer for Local Improvement District No. 47, re-
viewed the bids with the District Board, and recommended award to Joseph R.
Ramos.
RESOLUTION NO. 1717, A RESOLUTION OF AWARD OF CONTRACT, LOCAL IMPROVE-
MENT DISTRICT NO. 47
It was moved by Member Mitchell, seconded by Member Roemer, that
Resolution No. 1717 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
HEARINGS (CONTINUED)
RESOLUTION NO. 1692, A RESOLUTION OF INTENTION TO MAKE CHANGES AND MODIFICA-
TIONS, LOCAL IMPROVEMENT DISTRICT NO. 48
President Gibbs opened the Hearing on Resolution No. 1692, Local
Improvement District No. 48, and asked for any protests; there being none,
he closed the Hearing.
Mr. E. Wilson, attorney for Local Improvement District No. 48, pre-
sented and explained the Resolution to be adopted.
RESOLUTION NO. 1713, A RESOLUTION ORDERING CHANGES AND MODIFICATIONS,
LOCAL IMPROVEMENT DISTRICT NO. 48
It was moved by Member Mitchell, seconded by Member Roemer, that
Resolution No. 1713 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
v.
BIDS
DISTRICT SEWERING PROJECT 1464, DIABLO ROAD AREA
Mr. Horstkotte, General Manager-Chief Engineer, presented bids, opened
this day at 2:00 o'clock P.M., which were as follows:
1.
2.
3.
4.
5.
6.
7.
Peter Cole Jensen, Inc.
Slavo Rigisich
McGuire and Hester
M.G.M. Construction Company
Paul W. Wasson
S & J Engineering Contractors
Vukasin-Edwards
$15,918.50
20,606.00
20,963.00
24,081. 60
24,696.00
24,878.90
24 ;964.00
Mr. Horstkotte, General Manager-Chief Engineer, reviewed the bids with
the District Board, and recommended award to Peter Cole Jensen, Inc.
It was moved by Member Rustigian, seconded by Member Allan, that the
contract for District Sewering Project 1464, Diablo Road area, be awarded
to Peter Cole Jensen, Inc. Carried by the following vote:
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AYES:
NOES:
ABSENT:
None.
Members:
Members:
Members:
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Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
V1.
OLD BUSINESS
VII.
NEW BUSINESS
DELINQUENT SEWER SERVICE CHARGES
Mr. Horstkotte stated this was the time of year we place all delinquent
sewer service charges on the Tax Roll after notice and Hearing to be held
July 6, 1967.
RESOLUTION NO. 1718, A RESOLUTION DIRECTING THE PREPARATION OF A WRITTEN
REPORT, THE GIVING OF NOTICE AND THE HOLDING OF A HEARING WITH RESPECT
TO DELINQUENT 'SEWER SERVICE CHARGES
It was moved by Member Mitchell, seconded by Member Allan, that
Resolution No. 1718 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
QUIT CLAIM DEED TO JOHN THOMAS SMITH
Mr. Horstkotte, General Manager-Chief Engineer, stated this was a
relocation and a new easement had been obtained.
It was moved by Member Mitchell, seconded by Member Rustigian, that
Resolution No. 1718 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
ACCEPTANCE OF EASEMENTS
It was moved by Member Mitchell, seconded by Member Rustigian, that
easements from Consolidated Companies, Bruce W. Hanson, DVA and Edward M.
Je1ich, John Thomas Smith, Alfred W. E1kinton, Philip A. Thormah1en, William
B. Sheppard and W. R. Shepherd 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
PARTIAL SETTLEMENT OF WESTERN PIPE CASES
Mr. Carniato, representing Mr. Bohn, Counsel for the District, presented
and explained the following Resolutions to be adopted, authorizing settlement
of the price fixing litigation against Western Pipe:
RESOLUTION NO. 1719, A RESOLUTION RELATING TO THE FEDERAL LITIGATION
AGAINST WESTERN PIPE
It was moved by Member Roemer, seconded by Member Allan, that Resolution
No. 1719 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
RESOLUTION NO. 1720, A RESOLUTION RELATING TO THE FEDERAL LITIGATION
AGAINST WESTERN PIPE
It was moved by Member Mitchell, seconded by Member Rustigian, that
Resolution No. 1720 be adopted. Carried by the following vote:
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AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
AUTHORIZATION FOR ENGINEERING SERVICES RE PROPERTY AT 14 HACIENDA CIRCLE,
ORINDA
Mr. Horstkotte, General Manager-Chief Engineer, and Mr. Carniato,
representing Mr. Bohn, Counsel for the District, discussed with the Board
Members the need for soil tests and engineering services relating to the
District's liability due to sewer on the property at 14 Hacienda Circle,
Orinda.
Slides in the area have caused property damage.
Mr. Horstkotte requested authorization from Sewer Construction of
$5,000.00 for soil tests and engineering.
After discussion, it was moved by Member Rustigian, seconded
Allan, that $5,000.00 be authorized from Sewer Construction funds
tests and engineering in the area of 14 Hacienda Circle, Orinda.
by the following vote:
by Member
for soil
Carried
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
SETTLEMENT OF STORM DAMAGE CLAIMS, LAFAYETTE PLAZA SHOPPING CENTER
Mr. Horstkotte, General Manager-Chief Engineer, presented a letter from
Fireman's Fund American Insurance Companies requesting remittance of $500.00,
the deductible amount in accordance with District's insurance policies in
settlement of the claims for damage resulting from the January storm; claims
are apparently exceeding $3,000.00.
It was moved by Member Allan, seconded by Member Rustigian, that
Fireman's Fund American Insurance Companies be paid $500.00, the deductible
amount in accordance with the District's insurance policy in settlement of
the January, 1967, flood damage claims from the Lafayette Plaza Shopping
Center. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
VIII.
REPORTS
GENERAL MANAGER-CHIEF ENGINEER
None.
COUNSEL FOR THE DISTRICT
None.
IX.
ADJOURNMENT
At 12:07 o'clock A.M., the meeting was adjourned by President Gibbs
to June 15, 1967.
?¿A£~/;:;/.;%~
President of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
COUNTERSIGNED:
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Secre~ary of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
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