HomeMy WebLinkAboutBOARD MINUTES 09-20-73
195
MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD SEPTEMBER 20, 1973
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 September 20, 1973, at 8:00 o'clock P.M.
The meeting was called to order by President Rustigian.
1.
ROLL CALL
PRESENT:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
ABSENT:
Members:
None
II.
APPROVAL PF MINUTES
After comment by Member Mitchell, it was moved by Member Mitchell,
seconded by Member Allan, that the Minutes of the Meeting of September 6, 1973,
be approved after making the following corrections:
, Under "VII. NEW BUSINESS, 14. AUTHORIZE STAFF ATTENDANCE AT UNIVERSITY
OF CALIFORNIA SEMINAR ON TIME MANAGEMENT, OCTOBER 11, 1973," change vote to
read:
"AYES:
NOES:
ABSENT:
Members:
Member:
Members:
Boneysteele, Gibbs, Allan and Rustigian
Mitchell
None"
Under "IX. MATTERS FROM THE FLOOR." delete second paragraph and insert the
following paragraph:
"Member Mitchell commented that he was in favor of the current policy of
non-issuance of temporary permits for septic tanks by the Health Department
as a preliminary procedure for the formation of Proposed Sewering Areas."
Motion correcting the Minutes of the Meeting of September 6, 1973,
carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
III.
APPROVAL OF EXPENDITURES
None.
IV.
HEARINGS
l.
ENVIRONMENTAL IMPACT REPORT, LOCAL IMPROVEMENT DISTRICT NO. 54,
SCHEDULE 2, (HEARING WAS CLOSED SEPTEMBER 6, 1973) STAFF REPORT
President Rustigian stated that as the hearing on the Environmental
Impact Report, LID No. 54. Schedule 2, had been closed at the meeting of
September 6, 1973, the purpose of scheduling this item on the agenda was
to formally acknowledge receipt of staff's final EIR, LID No. 54, Schedule 2.
Hr. Dalton, Deputy General Manager-Chief Engineer. recommended that the
Board approve the Final EIR, LID No. 54, Schedule 2, as prepared by staff.
President Rustigian explained to persons in the audience that copies of
the Final ErR, LID No. 54, Schedule 2, were available to the public and that
copies would be filed with the County Clerk's Office and the County Planning
Commission.
09
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196
It was moved by Member Mitchell that the Board adopt the Final EIR, LID
No. 54. Schedule 2, ,subject to further review by the Board regarding the
"growth inducing impact" of Schedule 2 and the method of assessment to be
applied. Motion by Member Mitchell failed for lack of a second.
I t was moved by Memb er Bol\eys teele, secor1ded by Member Gibbs, that the
Board table the Final EIR, LID No. 54, Schedule 2. Carried by the following vote:
AYES:
NOES:
ABSENT:
la.
Members:
Memb ers :
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
LOCAL IMPROVEMENT DISTRICT NO. 50
RESOLUTION NO. 73-102, A RESOLUTION OF CORRECTION OF DIAGRAM,
LOCAL IMPROVEMENT DISTRICT NO. 50.
After explanation by Mr. Jerry Laster, Wilson, Jones, Morton & Lynch,
Special Counsel for the District. it was moved by Member Gibbs, seconded by
Member Allan, that Resolution No. 73-102 be adopted. Carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell. Allan and Rustigian
None
None
RESOLUTION NO. 73-103, A RESOLUTION DIRECTING FILING WITH, AND CONFIRMING
DETERMINATION WITH RESPECT TO STATE TREASURER, LOCAL IMPROVEMENT DISTRICT
NO. 50
After explanation by Mr. Laster, Special Counsel to the District, it was
moved by Member Allan, seconded by Member Gibbs, that Resolution No. 73-103
be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
lb.
Members:
Memb ers :
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
LOCAL IMPROVEMENT DISTRICT NO. 54
RESOLUTION NO. 73-104, A RESOLUTION APPROVING ADDENDA TO PLANS AND
SPECIFICATIONS, LOCAL IMPROVEMENT DISTRICT NO. 54
After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer,
regarding time schedule for completion of LID No. 54, it was moved by Member
Boneysteele, seconded by Member Mitchell, that Resolution No. 73-104 be
adopted. Carried by the following vote:
AYES:
NOES:
ABSENT :
2.
Members:
Members:
Members:
Boneysteele. Gibbs, Mitchell, Allan and Rustigian
None
None
LOCAL IMPROVEMENT DISTRICT NO. 54, SCHEDULE 1
President Rustigian, on behalf of the Board of Directors, welcomed persons
in the audience and then formally opened the Hearing on LID No. 54, Schedules
1 through 4.
At the request of President Rustigian, Member Mitchell explained to the
audience the procedure for the conduct of assessment proceedings by the
District. In his comments, Member Mitchell reviewed the history of the District
and the methods adopted by the District to finance treatment plant and sewer
system expansion. Member Mitchell then explained that, in the matter of
assessments, the Board of Directors acts as a Board of Equalization in its deter-
mination of amount of assessment to be spread after evaluation of each parcel
and after consideration of each protest received.
09
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197
Mr. Dalton, Deputy General Manager-Chief Engineer. explained that the method
of assessment was based upon benefit to the land. Each parcel of land has
been reviewed with no consideration given to existing improvements. Engineer's
determination of assessment was made after careful consideration of
assigned zoning, deed restrictions, topography, number of building sites that
may exist on the property and access of the property to the proposed sewer system.
Mr. Dalton then reported that the District had received bids this date on
LID No. 54, Schedules 1 through 4, and that, with the exception of Schedule 1,
the apparent low bid was less than the Engineer's estimate.
After queries by Mr. J. Graehm Sullivan, 799 Kirkcrest Road, Danville,.
and Mr. Alfred J. Busch, 485 Clipper Hill Road, Danville, requesting clari-
fication of bids received and the intended action of the Board on this date and
with response being made by Board Members, President Rustigian requested a report
on written protests to LID No. 54, Schedule 1.
Secretary Davis reported that written protest had been received from
Patrick C. and Linda Furlong, 782 Golf Club Way, Pleasant Hill (Assessment
No. 54-1-3-17 & 18), against number of units of assessments assigned to
their parcels. After review of correspondence received from the Contra
Costa County Planning Department dated September 20,1973, indicating that
only one building site existed on parcel Nos. 54-l-3-l7 & 18, it was moved
by Member Allan, seconded by Member Gibbs, that the protest of Mr. and Mrs.
Furlong be approved and that parcel Nos. 54-l-3-l7 & l8 be assigned one
unit of assessment. Carried by the folowing vote:
AYES:
NOES:
ABSENT:
Memb ers :
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
In response to query, Mr. Laster explained that, in the event the
Board ,of Directors take affirmative action on LID No. 54, the policy in
the past has been for the District to finance the improvement district project
through completion of the construction phase, after which the District
determines the final assessment to be made. This determination is made after
public hearing after which, property owners assessed have 30 days in which to
make cash payment. For those assessments in cash not received, the District
sells improvement district bonds at an interest rate determined by the then
current market.
In response to query by Mr. Sullivan, Mr. Dalton explained the Engineer's
estimate of costs for LID No. 54 with specific reference to Schedule l.
Mr. Dalton indicated that certain parcels had been excluded from the improve-
ment district because of action by the property owners in previously construct-
ing individual connections to the public sewer system.
Mr. Vernon E. Ament, 700 Golf Club Way, Pleasant Hill, addressed the
Board and requested clarification and staff rationale for the number of
units of assessment assigned to parcels owned by the Contra Costa Golf Club.
Boprd Members and staff in responding to Mr. Ament indicated that the same
method of assessment was employed by staff for all parcels in Schedule land
that location of the proposed sewer line was determined after careful considera-
tion of costs, engineering design and terrain.
After Board consideration of the oral protest by Mr. Ament, it was
moved by Member Mitchell. seconded by Member Gibbs, that the Board deny the
oral protest by Mr. Ament regarding units of assessments assigned to parcels
owned by Contra Costa Golf Club. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell. Allan and Rustigian
None
None
09
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73
198
3.
LOCAL IMPROVEMENT DISTRICT NO. 54, SCHEDULE 3.
President Rustigian asked if written protests on LID No. 54, Schedule 3,
had been received. Staff reported that written protests had been received
from Richard E. and Elizabeth T. Lee, Sr., 239 Park View Avenue, Piedmont,
(parcel 54-3-4-1), and George A. Richard, 45 Monte Vista Road, Orinda
(parcels 54-3-2-8, and 54-3-2-ll).
Secretary Davis reported receipt of three additional written protests
from Mr. and Mrs. Lee, Mr. and Mrs. Richard and Mr. Don Shamblin, 70 Monte
Vista Road, Orinda (parcel 54-3-4-2), and at the request of President Rustigian,
read the three written protests to the Board.
The protest of Mr. and Mrs. Lee was to the number of units of assessment
assigned by staff to their parcel. Discussion followed with Mr. Dalton,
Deputy General Manager-Chief Engineer, explaining that, after consideration of
various factors. staff had assigned six potential building sites to the parcel.
Mr. Jim Bolstad, Jackson and Co., Realtors, Lafayette, California, addressed
the Board and stated that he was familiar with the Lee parcel and that the
property could sustain only four potential building sites because of terrain
and access road requirements.
After further discussion, it was moved by Member Mitchell, seconded by
Member Gibbs, that the Board defer action on the protest of Mr. and Mrs. Lee
in order to permit field review of parcel 54-3-4-1 by a Committee of Board
Members. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
The protest of Mr. and Mrs. Richard was to the number of units of assessment
assigned by staff to parcel 54-3-2-11.
Mr. James W. Walsh, Attorney representing Mr. and Mrs. Richard addressed
the Board and stated that Mr. Robert C. Humann, Robert C. Humann and Associates,
retained by Mr. and Mrs. Richard, had surveyed parcel 54-3-2-ll and in his
professional opinion. this parcel would sustain only one potential building
site instead of the two building sites assigned by the District staff.
After discussion, it was moved by Member Gibbs, seconded by Member Mitchell
that the Board defer action on the protest of Mr. and Mrs. Richard in order to
permit field review of parcel 54-3-2-11 by a Committee of Board Members.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
The protest of Mr. Don:Shamblin was to number of units of assessment assigned
by staff to parcel 54-3-4-2. Mr. Shamblin addressed the Board and stated that
the Contra Costa County Planning Commission would only authorize four building
sites on his parcel instead of the six potential sites assigned by staff. He
further stated that he owned adjoining property and therefore it would be more
convenient and economical to connect to the District's sewer system located on
Holly Lane, Orinda.
After discussion, Mr. Shamblin was advised to obtain a written determination
by the County Planning Commission regarding number of building sites approved
for parcel 54-3-4-2. After staff and Mr. Laster, Special Counsel for the District
explained administrative procedures for withdrawal of parcels from an improvement
district, President Rustigian asked if there were persons in the audience who wished
to make an oral protest to LID No. 54, Schedule 3. There were none.
It was moved by Member Gibbs, seconded by Member Mitchell, to defer action
on the protest of Mr. Shamblin to the meeting of October 4,1973. Carried by
the following vote:
09
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199
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
4.
LocAL IMPROVEMENT DISTRICT NO. 54, SCHEDULE 4
At the request of President Rustigian, Secretary Davis read written
protest received from Richard C. and Diana L. Jared, 4849 John Muir Road,
Martinez, (parcel 54-4-4-l2), which indicated opposÜio'n to inclusion to
LID No. 54, Schedule 4. Mr. Dalton, Deputy General Manager-Chief Engineer
read correspondence received from the County Health Department dated
September 20, 1973, which indicated that the septic tank system located
on parcel 54-4-4-l2 had experienced chronic failure since 1965, and therefore,
this parcel,must be connected to a public sewer when it is available.
Ms. D. McBeth, real estate agent, addressed the Board and stated that
she had sold parcel 54-4-4-12 to Mr. and Mrs. Jared. Ms. McBeth stated that
she was given understanding by its previous owner, Mr. and Mrs. Wendell H.
Fisher, Rochester, Washington. that there was no health necessity or require-
ment that this property connect to a public sewer system. Accordingly, Mr.
and Mrs. Jared were not aware of any existing health hazard or requirement to
connect to a public sewer system when they purchased parcel 54-4-4-12.
After discussion by Board Members and staff regarding possible exclusion
of parcel 54-4-4-l2 from LID No. 54, Schedule 4, it was moved by Member Gibbs,
seconded by Member Mitchell, that the Board deny written protest by Mr. and
Mrs. Jared on parcel 54-4-4-l2. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
After query by Mr. Arlo Johnston, 492 Milden Road, Martinez. (Parcel
54-4-3-9), and response by the Board and staff regarding method of assessment
and zoning requirements for parcels located in LID No. 54, Schedule 4,
President Rustigian asked if there were persons in the audience who wished to
make an oral protest to LID No. 54, Schedule 4. There were none.
After comment by Mr. Dalton, Deputy General Manager-Chief Engineer, that
the construction phase of LID No. 54. Schedule 4, could possibly be completed
by the end of 1973, President Rustigian recessed the hearing and meeting at
10:00 o'clock P.M.
At 10:12 o'clock P.M., President Rustigian reconvened the hearing and
meeting.
- 5.
LOCAL IMPROVEMENT DISTRICT NO. 54, SCHEDULE 2
Staff reported and President Rustigian acknowledged receipt of written
protests received from the following persons:
Name
Parcel No.
Protest
File No.
Leon T. and Louise H. David, P. O. Box 656. Danville 54-2-3-5
1
Martin Halvorsen, et ux, 223 Kuss Rd., Danville
54-2-2-2
2
Jack F. and Lila VanZanten, lOO Oak View Terrace,
Danville
54-2-4-9
3
Joseph F. DeLong, et ux, 755 Clipper Hill Rd.,
Danville
54-2-5-l
4
Paul A. Romak, 500 Clipper Hill Rd., Danville
54-2-5-8
5
09
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73
200
Name
Parcel No.
William V. Dougherty. et ux, 740 Clipper Hill Rd.,
Danville 54-2-5-9
George C. and Kathryne Grube, 500 Oak View Terrace,
Danville 54-2-4-14
Alfred J. and Joan Busch, 485 Clipper Hill Rd.,
Danville
54-2-4-16
J. Graehm Sullivan, et ux, 799 Kirkcrest Rd.,
Danville
54-2-2-3
George A. Ross, et ux, 2 RobertsCt., Danville
54-2-2-4
Robert E. Roney, et ux, 9 Roberts Ct., Danville
54-2-3-3
K. Ross Fitzsimmons, 1 Roberts Ct., Danville
54-2-2-6
Frederick A. Speder, et ux, 4 Roberts Ct.,
Danville
54-2-3-10
Anthony B. and Joan deBellis, 231 Kuss Rd.,
D"anville
54-2- 3-8
Henrietta M. Ziskind, P. O. Box 263, Danville
54-2-2-8
Edward Kurzadkowski, et ux, 150 Kuss Rd., Danville
54-2-4-l5
Lloyd B. and Frances M. Plath, 228 Kuss Rd.,
Danville
54-2-3-9
Harold and Mary McIntyre, 528 Clipper Hill Rd.,
Danville
54-2-4-8
Leon H. and Gertrude Z. Gartung, 247 Kuss Rd., Dan. 54-2-4-6
Harold H. and Miriam Menges, 998 Kirkcrest Lane,
Danville, (Not in LID No. 54, Schedule 2)
Protest
File No.
6
8
9
10
11
12
l3
14
l5
16
17
18
19
20
2l
At the request of President Rustigian, Secretary Davis read the
written protests received with notation being made that except for Protest
File No. 13, protest file numbers 4 through 2l in the Protest Log represented
a form protest letter solicited by Mr. Keith Howard, Tinning and DeLap,
Attorney, representing Mr. and Mrs. K. Ross Fitzsimmons.
Discussion followed with Board Members, staff, Mr. Laster, Special
Counsel for the District. responding to queries and comments by individuals
in the audience who addressed the Board. Persons addressing the Board and
expressing oral protest to LID No. 54. Schedule 2, were Mr. Leon T. David,
parcel 54-2-3-5, and Mr. Donald C. Anderson, 511 McBride Drive, Lafayette,
parcel 54-2-3-2. Persons addressing the Board and expressing oral approval
of LID No. 54, Schedule 2'were Mr. Kenneth J. Samuels, 700 Clipper Hill Road,
Danvllle, ¿arcel 54-2-5-6 and Mr. Daniel T. Belton, 671 Clipper Hill Road,
Danville, parcel 54-2-5-5.
At the request of President Rustigian, Secretary Davis read additonal
written protests or comments received during the course of the meeting and
which were acknowledged by President Rustigian. Written protests were
received from:
Protes t
Parcel No. File No.
54-2-5-10 22
54-2-3-8 23
54-2-4-l0 24
Name
Albert C. Morgan, 255 Kuss Rd., Danville
Anthony B. and Joan M. deBellis, 231 Kuss Rd..
Danville
William T. Manning. 200 Oak View Terrace, Danville
Mr. Mannings's written protest was prepared and
signed by Mr. Wilbur Duberstein, Attorney. as
representative for Mr. Manning.
09
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201
Secretary Davis then read correspondence from HerDert L. and Berniece
A. Leichter, 1515 Cervato Drive, Alamo, Parcel 54-2-4-3, 25, which indicated
their approval of LID No. 54, Schedule 2.
A general discussion on LID 54, Schedule 2, followed with participation
by Board Members, staff, Counsel for the District. Special Counsel for the
District and persons in the audience.
Persons identified addressing the Board and who gave oral support for LID
54, Schedule 2, were:
Mr. Carl Hansen (Juanita H. Hansen, P. O. Box 639, Jackson, California,
parcels 54-2-4-12 and 13)
Mr. Kenneth J. Samuels, 700 Clipper Hill Rd.. Danville, parcel 54-2-5-6
Mr. Allen H. Cox, 235 Montgomery St., San Francisco, parcel 54-2-)-1
Mrs. Virginia Bullock, 1360 Pine Tree Drive, Alamo, parcel 54-2-5-4
Mrs. Juanita H. Hansen, P. O. Box 639, Jackson, California. parcels
54-2-4-12 and 13.
Persons identified addressing the Board and who presented oral protest
to LID No. 54, Schedule 2 were:
Mr. Wilber Duberstein, Attorney, representing Mr. William T. Manning,
300 Oak View Terrace, Danville, parcel 54-2-4-10
Mr. James G. Halverson, 7845 Skyline Blvd., Oakland, parcel 54-2-6-1
Mrs. Joan deBellis, 231 Kuss Rd., Danville. parcel 54-2-3-8
Mrs. Mary McIntyre, 528 Clipper Hill Rd., Danvil1e, parcel 54-2-4-8
Mr. Jack F. Van Zanten, 100 Oakview Terrace, Danville, parcel 54-2-4-9
Mr. Frank Ziskind (Henrietta M. Ziskind, P. O. Box 263, Danville, parcel 54-2-2-8)
Mr. Leon T. David, P. O. Box 656, Danville, parcel 54-2-3-5
Mr. Keith Howard, Attorney, representing Mr. and Mrs. K. Ross Fitzsimmons,
1 Roberts Ct., Danville, parcel 54-2-2-6.
During the general discussion, Board Members, staff, Counsel for the
District and Special Counsel for the District responded to oral comments and
queries by persons in the audience regarding assessment proceedings for
LID No. 54, Schedule 2.
Utilizing a map, Mr. Dalton indicated parcels located in the Schedule 2
area, number of homes with septic tanks, those parcels that have temporary
permits for septic tanks, number of vacant parcels and number of homes experi-
encing septic tank problems.
Board members, staff, Mr. Gene Green, County Health Department, and
persons in the audience discussed and exchanged comments regarding the
County Health Officer's recommendation that "as a necessary health measure",
the District should proceed with the Local Improvement District No. 54,
Schedule 2.
Board members, staff and persons in the audience, then discussed an
appropriate method for determining whether a majority protest to Local
Improvement District No. 54, Schedule.:,2, in fact was present. Methods
reviewed included protest based upon assessed valuation, protest based
upon area and protest represented by numerical population. After con-
sideration of polling persons present in the audience to determine those
in favor of or against Local Improvement District No. 54, Schedule 2,
it was moved by Member Gibbs. seconded by Member Boneysteele, that due
to the lateness of the hour, the Board limit further discussion to a
determination by the Board as to whether to proceed with Local Improve-
09
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202
ment District No. 54, Schedule 2, or not. In the event the decision,is
to proceed. the Hearing will be continued to the meeting of October 4,
1973, to determine method of assessment and hear individual protests.
After discussion and participation by persons in the audience. the Board
was polled by the Secretary. Motion by Member Gibbs and seconded by
Member Boneysteele, carried by the following vote:
AYES:
NOES:
ABSENT:
Memb ers :
Member:
Members:
Boneysteele, Gibbs, Allan and Rustigian
Mitchell
None
It was then moved by Member Gibbs that the Board approve and order
the assessment proceedings for Local Improvement District No. 54,
Schedule 2, to proceed. After discussion by Board members and persons
in the audience, and with Member Gibbs stating that his motion was
predicated on the Health Officer's recommendation and on anticipated
higher costs in the future, Member Gibbs' motion failed for lack of a
second.
After further discussion by Board Members, Mr. Van Zanten and
Mr. David, it was moved by Member Allan, seconded by Member Gibbs, that
the Board continue the Hearing on Local Improvement District No. 54,
Schedules 2 and 3, to the meeting of October 4, 1973. Carried by the fol-
lowing vote:
AYES:
NOES:
ABSENT:
Members:
Member:
Members:
Gibbs, Mitchell, Allan and Rustigian
Boneysteele
None
After explanation by 'Mr. Laster, Special Counsel for the District,
that the Board had authority to award bids on Local Improvement District
No. 54, Schedules 1 and 4, and upon Mr. Laster's recommendation, it was
moved by Member Boneysteele, seconded by Member Gibbs, that the Hearing
as to receipt of further written or oral protests on Local Improvement
District No. 54, Schedules 1 and 4, be closed. Carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rust~gian
None
None
V.
BIDS
1.
2.
3.
4.
Local Improvement District No. 54, Schedule 1
Local Improvement District No. 54, Schedule 2
Local Improvement District No. 54, Schedule 3
Local Improvement District No. 54. Schedule 4
RESOLUTION NO. 73-105, A RESOLUTION OF AWARD OF CONTRACT, LOCAL
IMPROVEMENT DISTRICT NO. 54, SCHEDULE 1 AND SCHEDULE 4
Mr. Dalton, Deputy General Manager-Chief Engineer, reported that'
bids for Local Improvement District No. 54, Schedules 1 through 4, opened
at 2:00 o'clock P.M. this day, were as follows:
Bidder
Bid Price
W. R. Thomason, Inc.
P. O. Box 2249
Martinez, CA 94553
1. $172,059.00
2. $157,113.00
3. $ 39,565.00
4. $ 50,631. 30
1. $ 215 ,297.00
2. $133,926.00
3. $ 39, 396 . 00
4. $ 66,856.50
1. $l70, 866.00
2. $l89,4 74.00
3. $ 49,945.00
4. $ 61,733.00
$419,368.30
Valley Engineers
P. O. Box 99.2
Fresno, CA 937l4
$455 ,475. 50
Ernest E. Pestana, Inc.
2225 Old Oakland Highway
San Jose, CA 95131
$472.018.00
09
20
'73
Peter Cole Jensen, Inc.
P. O. Box 553
Danville, CA 94526
Silva Pipeline, Inc.
P. O. Box 751
Hayward, CA
McGuire & Hester
796 66th Avenue
Oakland, CA 9462l
M. W. Construction Co.
1901 Buena Vista Avenue
Livermore, CA 94550
Bepco, Inc.
4901 Tidewater Ave.
Oakland, CA 94601
¿'UJ
1.
2.
3.
4.
$l89,967.00
$211 , 619.50
$ 58.362.00
$ 60,858. 50
$520,807.00
l.
2.
3.
4.
$188,426.50
$2l5,787.00
$ 59,320.50
$ 72,630.00
$536,164.00
l.
2.
~:
$l82, 439.00
$211,646.00
~ ~~:g~g:88
$538.313.00
l.
2.
3.
4.
None
None
None
$53,223.25
$ 53,223.25
l.
2.
3.
4.
None
None
None
$66,426.30
$ 66,426.30
After explanation and upon the recommendation of Mr. Dalton, it was
moved by Member Boneysteele, seconded by Member Gibbs, that Resolution No.
73-105, awarding of contract to the lowest bidder for Local Improvement
District No. 54. W. R. Thomason. Inc.. be adopted. Carried by the
following vo te:
'AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
VI.
OLD BUSINESS
CLAULilLMRS.--L' J,.' MC CARTHY,',INTHE AMOUNT ,OF $425.95
1.
Item continued at request of staff.
VII.
NEW BUSINESS
l.
CONSENT ITEMS
ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT
a.
It was moved by Member Gibbs, seconded by Member Boneysteele, that
easements from:
Grantor
Job No.
H. S. Attri, et ux
Harold Woo, et al
2195
2359
be accepted and their recording ordered.
Parcel No.
1 & 2
1
Carried by the following vote:
AYES:
NOES:
ABSENT.
Members:
Members:
Members:
(
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
b.
AUTHORIZE EXECUTION OF QUIT CLAIM DEED
It was moved by Member Gibbs, seconded by Member Boneysteele, that
the President and Secretary be authorized to execute Quit Claim Deed to
Cornell a Construction Co., Job 1995, Parcell. Carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
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204
c.
CONFIRM "ASSESSMENT DIAGRAM(S)" AND AUTHORIZE RECORDING OF
SAID DIAGRAM(S)
It was moved by Member Gibbs, seconded by Member Boneysteele, that
authorization of confirmation of the below amended diagram(s), and their
recording, be approved.
Amended Assmt. No.
Apportioned Amt.
Original Assmt. No.
42-20-5
42-20-6
42-20-7
$ 0.00
3,163.00
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
2.
CLAIM OF GEORGE BATRES IN THE AMOUNT OF $lOO,OOO.OO
After discussion by Board Members and Mr. Dalton, Deputy General
Manager-Chief Engineer, it was moved by Member Boneysteele, seconded by
Member Gibbs, that the claim of George Batres in the amount of $100,000.00
be denied and the claim be referred to the District's insurance carrier.
Carried by the following vote:
AYES:
NOES:
ABSENT:
3.
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
REQUEST FOR CONTRACT - ASSESSMENT DISTRICT 1973-3, SAN RAMON
After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer,
concerning the request for contract for Assessment District 1973-3, Mr.
Bohn, Counsel for the District, stated that formal Board action on this
item,was not required.
4.
RESOLUTION NO. 73-l06, A RESOLUTION AUTHORIZING DECLARATION OF
EMERGENCY, REPAIR PROJECT, THOMPSON AND GLEN ROADS, LAFAYETTE
After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer,
it was moved by M~mber Gibbs. seconded by Member Boneysteele, that
Resolution No. '73-106, be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Memb ers :
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
AUTHORIZE $20,000.00 FOR REPAIR PROJECT, THOMPSON AND GLEN ROADS,
LAFAYETTE
5.
After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer,
it was moved by Member Gibbs, seconded by Member Boneysteele, that authori-
zation of $20,000.00 from the Sewer Construction Fund for Repair Project,
Thompson and Glen Roads, Lafayette. be approved. Carried by the following
vote:
AYES.::_'
NOES:
AGSENT:
6.
Memb.e.rs::
Members:
Members:
Bone)1:s~eele:" Gibbs.. t:1iJ:thel1",:_~JJ...ah .anè ,Rus.tigi~n'..
None
None
OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA
a.
SPECIAL ENGINEERING REPORT
(1)
RUDGEAR ROAD. WALNUT CREEK~DISTRICTSEWERING PROJECT'2100
'fh,e Bo~rd noted the: report ',by the Dëpùty, :Gë.~~!:~l.Nari.ager~Chief Engineer.
OfJ
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205
The Board noted the report by the Deputy General Manager-Chief Engineer.
(2)
HACIENDA CIRCLE, ORINDA, DISTRICT SEWERING PROJECT 1926
(3)
AUTHORIZE ADDITIONAL $3,500.00 FOR EMERGENCY SLIDE REPAIRS"
27-INCH LINE E
, After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer,
it was moved by Member Boneysteele, seconded by Member Gibbs, that authori-
zation of $3,500.00 from the Sewer Construction Fund for emergency slide
repairs, Line E, be approved. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
(4)
AUTHORIZE ADDITIONAL $2,000.00 FOR MAINTENANCE STORAGE
BUILDING, 1973, WITH APPURTENANCES
After explanation by Mr. Dalton. Deputy General Manager-Chief Engineer,
it, was moved by Member Boneysteele, seconded by Member Mitchell. that
authorization of $2,000.00 from the Sewer Construction Fund for Maintenance
Storage Building, 1973, with Appurtenances, be approved. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
(5 )
CONCORD CONTRACT PROPOSAL
The Board noted the report by the Deputy General Manager-Chief Engineer.
(6)
AUTHORIZE CONDEMNATION PROCEEDINGS AGAINST AUGUST J. SEIBERLICH,
LOCAL IMPROVEMENT DISTRICT NO. 54, SCHEDULE 1, PARCEL 19
Upon the recommendation of Mr. Bohn, Counsel for the District, it was
moved by Member Allan, seconded by Member Mitchell, that authorization to
proceed witþ condemnation action against August J. Seiberlich, Local Improve-
ment District No. 54, Schedule 1. Parcel 19, be approved. Carried by the
following vo te:
AYES:
NOES:
ABSENT:
7.
INFORMATION
Members:
Members:
Members:
Boneysteele, Gibbs, Mitchell, Allan and Rustigian
None
None
a.
CORRESPONDENCE FROM PLEASANT HILL RECREATION AND PARK DISTRICT
DATED SEPTEMBER 7, 1973
The Board noted the correspondence.
b.
CORRESPONDENCE FROM WATER QUALITY AGENCIES AD-HOC COMMITTEE ON
BAY AREA REGIONAL ORGANIZATION DATED SEPTEMBER 6, 1973
The Board noted the correspondence.
c.
CORRESPONDENCE FROM ~ILSON, JONES, MORTON & LYNCH DATED SEPTEMBER
11, 1973
The Board noted the correspondence.
VIII.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
None
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206
2.
COUNSEL FOR THE DISTRICT
None.
3.
SECRETARY
None.
4.
COMMITTEES
None.
IX.
MATTERS FROM THE FLOOR
Board Members, staff, Counsel for the District, and Special
for the District discussed in general the conduct of the hearing
this date. Mr. Laster, Special Counsel for the District, stated
majority protest is determined by area and that to overrule such
protest, an affirmative 4/5 vote of the Board is required.
Co uns el
held
that a
majority
After further discussion, staff was requested to prepare additional
information and data on Local Improvement District No. 54, Schedule 2, for
the hearing scheduled for October 4,1973.
X.
ADJOURNMENT
At 12:47 o'clock A.M., President Rustigian adjourned the meeting.
COUNTERSIGNED:
c.... . C~
(/ I\'~t(.\.~
Secretary of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
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