HomeMy WebLinkAboutBOARD MINUTES 10-03-68
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MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD OCTOBER 3, 1968
The District Board of Central Contra Costa Sanitary District convened
in a Regular Session at its regular place of meeting located at l250 Spring-
brook Road, Walnut Creek, County of Contra Costa, State of California, on
October 3, 1968, at 8:00 o'clock P.M.
The meeting was called to order by President Gibbs.
I.
ROLL CALL
PRESENT:
Members:
Boneysteele, Rustigian, Mitchell, 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 September 19, 1968, meeting be approved subject to the
following changes:
Under "VIII. REPORTS, COUNSEL FOR THE DISTRICT. AUTHORIZATION TO PAY
RICHARD S. HYMAN CO.. APPRAISERS. $990.00 FOR APPRAISAL OF STAYER PROPERTY,
DISTRICT SEWERING PROJECT 1371, PARCEL 32", the following paragraph shall be
added prior to the Motion:
"Mr. Bohn, Counsel for the District, reported that the Bay Area Rapid
Transit District instructed his office to proceed with the condemnation
settlement of four parcels required for District Sewering Project 1371
,
(BARTD tunnel), and instructed him to retain Robert J. Foley and Richard S.
Hyman Co. to make appraisals; BARTD being responsible for all costs in these
actions."
And under "VIII. REPORTS, COUNSEL FOR THE DISTRICT, AUTHORIZATION TO PAY
LEGAL FEES, CCCSD vs. LOUIS STAYER. DISTRICT SEWERING PROJECT 1371. EASEMENT
PARCEL 32, TO JOHN BOHN'S OFFICE, $288.05", to the Motion shall be added:
liTo be refunded to the District by the Bay Area Rapid Transit District."
Motion correcting Minutes carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
III.
APPROVAL OF EXPENDITURES
It was moved by Member Mitchell, seconded by Member Allan, that the
Robert J. Foley invoice for BARTD appraisal included with the bills be
taken up as a separate item. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
It was moved by Member Boneysteele, seconded by Member Mitchell, that
the expenditures, as audited by the Auditing Committee and as submitted by the
General Manager-Chief Engineer, exclusive of the Robert J. Foley invoice, be
approved, reference being specifically made to Sewer Construction Vouchers
Numbers 546 to 568, inclusive, except Number 560, Running Expense Vouchers
Numbers 8515 to 8629, inclusive, and Payroll Vouchers Numbers 2376 to 2478,
inclusive. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
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IV.
HEARINGS
None.
V.
BIDS
1968 MODEL, 1 TON VIBRATING ROLLER AND TRAILER
Mr. Horstkotte, General Manager-Chief Engineer, reported that there was
one (l) bid received at 2:00 o'clock P.M. this day, as follows:
1.
Ricker Machinery Co.
$3,685.50
Mr. Horstkotte stated this equipment was budgeted for 1968-69, and
recommended award.
It was moved by Member Allan, seconded by Member Mitchell, that the 1968
Model, 1 Ton Vibrating Roller and Trailer be purchased from Ricker Machinery
Co. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
VI.
OLD BUSINESS
RESOLUTION NO. 1867. A RESOLUTION AMENDING RESOLUTION NO. 1778 AMENDING
RESOLUTION OF INTENTION NO. 1479. LOCAL IMPROVEMENT DISTRICT NO. 44
Mr. Horstkotte, Engineer for Local Improvement District No. 44, stated
that the estimated contribution in Resolution of Intention No. 1479 was
$80,514.96 and the total contribution as a result of the Johnson litigation
is being adjusted to $119,675.35.
He stated fees in the Local Improvement District No. 44 area will be
adjusted so that this final sum will be recovered.
It was moved by Member Allan, seconded by Member Mitchell, that
Resolution No. 1867 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
RESOLUTION NO. 1868, A RESOLUTION INITIATING PROCEEDINGS FOR DISTRICT
ANNEXATION 26, TOWN OF CLYDE
Mr. Horstkotte, General Manager-Chief .Engineer, stated that the Hearing
before the Local Agency Formation Commission has been concluded and this
Resolution provides for notice and Hearing before the District Board on
October 24, 1968.
After discussion, it was moved by Member Rustigian, seconded by Member
Boneysteele, that Resolution No. 1868 be adopted. Carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
VII.
NEW BUSINESS
RESOLUTION NO. 1869, A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER
TO FILE NOTICE OF ACCEPTANCE AND COMPLETION, LOCAL IMPROVEMENT DISTRICT
NO. 25, SCHEDULE III
Upon the recommendation of Mr. Horstkotte, Engineer for Local Improvement
District No. 25, it was moved by Member Rustigian, seconded by Member Mitchell,
that Resolution No. 1869 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
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INVOICE OF WILSON, JONES, MORTON & LYNCH, ATTORNEYS FOR LOCAL IMPROVEMENT
DISTRICT NO. 47, IN THE SUM OF $686.98 FOR PREPARATION OF AUDITOR'S RECORDS,
TREASURER'S RECORDS AND PROSPECTUS RELATIVE TO BONDS COVERING UNPAID ASSESSMENTS
It was moved by Member Boneysteele, seconded by Member Rustigian, that
the invoice in the sum of $686.98 from Wilson, Jones, Morton & Lynch for
Local Improvement District No. 47 assessment bond work be paid. Carried by
the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
INVOICE OF WILSON, JONES, MORTON & LYNCH. ATTORNEYS FOR LOCAL IMPROVEMENT
DISTRICT NO. 49, IN THE SUM OF $660.30 FOR PREPARATION OF AUDITOR'S RECORDS.
TREASURER'S RECORDS AND PROSPECTUS RELATIVE TO BONDS COVERING UNPAID ASSESSMENTS
It was moved by Member Boneysteele, seconded by Member Rustigian, that
the invoice in the sum of $660.30 from Wilson, Jones, Mòrton & Lynch for
Local Improvement District No. 49 assessment bond work be paid. Carried by
the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
SETTLEMENT OF CLAIMS
LESLIE FONO, $1.921.00
Mr. Horstkotte, General Manager-Chief Engineer, stated the claim was
a result of sewer backup and overflow in home at 70 Orchard Road, Orinda.
He stated the District's insurance carrier settled the claim for
$1,921.00 and has demanded the $500.00 deductible sum under provisions of
the District's insurance policy.
It was moved by Member Allan, seconded by Member Boneysteele, that
Fireman's Fund Insurance Companies be paid $500.00, the deductible sum in
accordance with the District's insurance policy in settlement of the Leslie
Fono claim. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
ROBERT AVRIT, $683.43
Mr. Horstkotte, General Manager-Chief Engineer, stated the claim was
the result of a sewer backup and overflow in the home at 11 Heather Drive,
Orinda.
He stated the District's insurance carrier settled the claim for
$683.43 and has made claim for the $500.00 deductible sum under provisions
of the District's insurance policy.
It was moved by Member Allan, seconded by Member Boneysteele, that
Fireman's Fund Insurance Companies be paid $500.00, the deductible sum in
accordance with the District's insurance policy in settlement of the Robert
Avrit claim. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
SETTLEMENT OF EASEMENT PARCEL 12 R-2, LOCAL IMPROVEMENT DISTRICT NO. 25.
DISTRICT SEWERING PROJECT 1638, HEFFERNAN
Mr. Bohn, Counsel for the District, stated that this easement parcel
was condemned, it can now be settled for $250.00, and it is the staff
recommendation to settle.
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It was moved by Member Boneysteele, seconded by Member Allan, that the
Heffernan easement Parcel 12 R-2, Local Improvement District No. 25, District
Sewering Project 1638, be settled for $250.00. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
SETTLEMENT OF EASEMENT PARCEL 1, DISTRICT SEWERING PROJECT 1707, DANVILLE
PRESCHOOL
Mr. Horstkotte, General Manager-Chief Engineer, presented a letter from
Mr. John Ogden dated September 26, 1968, representing the Danville Preschool,
offering to settle the easement for $150.00, and stated it is the staff
recommendation to settle.
It was moved by Member Rustigian, seconded by Member Allan, that ease-
ment Parcell. District Sewering Project 1707, Danville Preschool, be settled
for $150.00, the easement accepted and its recording ordered. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
SETTLEMENT OF EASEMENT PARCEL 18. LOCAL IMPROVEMENT DISTRICT NO. 50, JEPPSEN
Mr. Horstkotte, General Manager-Chief Engineer, presented a letter dated
September 26, 1968, from Mr. John Ogden, attorney for Mr. Melvin B. Jeppsen,
offering to settle the easement for $25.00, and stated it is the staff
recommendation to settle.
It was moved by Member Boneysteele, seconded by Member Mitchell, that
easement Parcel 18, Local Improvement District No. 50, Jeppsen, be settled
for $25.00, the easement accepted and its recording ordered. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
AGREEMENT RELATING TO REAL PROPERTY WITH JOHN BARRON
Mr. Horstkotte, General Manager-Chief Engineer, presented the District's
standard agreement with Mr. John Barron, permitting him to build over an
easement, which has the staff approval.
It was moved by Member Rustigian, seconded by Member Boneysteele, that
the President and Secretary be authorized to execute the agreement with Mr.
John Barron, permitting him to build over an easement. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
ACCEPTANCE OF EASEMENTS
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
It was moved by Member Rustigian, seconded by Member Boneysteele, that
easements from the Estate of Evadne Wenker, Albert R. Chappell and V. P.
Baker, et aI, be accepted and their recording ordered. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
NOTICE OF COMPLETION FOR SEAL COATING OF PRIVATE ROADS 1968
Mr. Horstkotte, General Manager-Chief Engineer, stated the contract
recently awarded for Seal Coating Private Roads 1968 is now completed, and
he recommended filing Notice of Completion.
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It was moved by Member Allan, seconded by Member Boneysteele, that Mr.
Horstkotte, General Manager-Chief Engineer, be authorized to file Notice of
Completion for "Seal Coating of Private Roads 1968". Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
RESOLUTION NO. 1870, A RESOLUTION ESTABLISHING ELIGIBLE LIST FOR POSITION
OF ASSISTANT MAINTENANCE MAN
It was moved by Member Allan, seconded by Member Rustigian, that
Resolution No. 1870 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
RESOLUTION NO. 1871, A RESOLUTION APPOINTING ALVIN A. HORNSBY AND MICHAEL
PARKINSON. ASSISTANT MAINTENANCE MEN
It was moved by Member Allan, seconded by Member Rustigian, that
Resolution No. 1871 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
PROTEST OF DR. AND MRS. JAMES D. TOWNSEND RE EQUALIZATION CHARGES
Letter from Dr. James D. Townsend dated October 2,1968, was presented.
Dr. Townsend protested paying equalization charges in Local Improvement
District No. 43-5 in addition to extending the line to his property at a
cost of $1,400.00.
Mr. Horstkotte, General Manager-Chief Engineer, stated that the
equalization charge would be one-half unit of assessment and the line cost
to Dr. Townsend would be on a rebate basis subject to future recovery.
If the District were to install the line on a rebate basis and make
normal charges to Dr. Townsend, it would result in higher costs to Dr.
Townsend. He will have rebate recovery by making the installation, Mr.
Horstkotte stated.
After discussion, Dr. Townsend requested a letter explaining the costs
involved in his making connection to the District system. Mr. Horstkotte
stated he would prepare a letter for Dr. Townsend.
SETTLEMENT OF EASEMENT PARCEL 14. LOCAL IMPROVEMENT DISTRICT NO. 50, BISIO
Mr. Horstkotte, Engineer for Local Improvement District No. 50, stated
that he had worked out a settlement with Mr. George Gordon, attorney for
Mr. Bisio, for the sum of $3,000.00 for easement Parcel 14, Local Improve-
ment District No. 50.
After discussion, it was moved by Member Rustigian, seconded by
Member Allan, that easement Parcel 14, Local Improvement District No. 50,
be settled for $3,000.00. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
OFFER TO SETTLE EASEMENT PARCEL 6 R-2, LOCAL IMPROVEMENT DISTRICT NO. 50,
ALLIED CHEMICAL CO.
Mr. Horstkotte, Engineer for Local Improvement District No. 50,
requested authorization to make an offer of $4,078.75 to Allied Chemical Co.
of New York for easement Parcel 6 R-2, Local Improvement District No. 50,
consisting of 5.02 acres, 25% of fee value.
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After discussion, it was moved by Member Allan, seconded by Member
Rustigian, that $4,078.75 be offered to Allied Chemical Co. for easement
Parcel 6 R-2, Local Improvement District No. 50, consisting of 5.02 acres.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
STATEMENT OF ROBERT J. FOLEY FOR APPRAISAL OF STAYER PROPERTY AND OTHER
BAY AREA RAPID TRANSIT DISTRICT EASEMENTS REQUIRED FOR DISTRICT SEWERING
PROJECT 1371
Mr. Horstkotte, General Manager-Chief Engineer, stated that Mr. Foley
was selected by the Bay Area Rapid Transit District to make several appraisals
including the Stayer easement Parcel 32, District Sewering Project l37l, the
District to pay costs and later recover from the Bay Area Rapid Transit
District.
After discussion, it was moved by Member Mitchell, seconded by Member
Boneysteele, that the statement from Mr. Robert J. Foley in the sum of
$960.00 for appraisals in District Sewering Project 1371, BARTD tunnel job,
be approved and payment made on Sewer Construction Voucher Number 560.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
VIII.
REPORTS
COMMITTEES
PERSONNEL
None.
UNIFORM ACCOUNTING
Member Boneysteele stated that the formal hearing for the uniform
accounting systems was to be on November 15, 1968, at the State building in
San Francisco.
Mr. Bohn, Counsel for the District, stated that he would be appearing
for the California Sanitary and Sanitation Districts Association to protest
the depreciation accounting.
He suggested that Member Boneysteele represent the District, which met
with the approval of the Board Members.
GENERAL MANAGER-CHIEF ENGINEER
EXPENSES FOR ATTENDANCE AT TENTH ANNUAL NORTHERN REGIONAL CONFERENCE OF
THE CALIFORNIA WATER POLLUTION CONTROL ASSOCIATION
Mr. Horstkotte, General Manager-Chief Engineer, requested $206.00 plus
transportation to send 7 Maintenance Department employees and 6 Treatment
Plant employees to the Tenth Annual Northern Regional Conference of the
California Water Pollution Control Association on October 12 and 13 in
Oakland.
It was moved by Member Boneysteele, seconded by Member Rustigian, that
$206.00 plus transportation expenses be authorized for 13 District employees
to attend the Tenth Annual Northern Regional Conference of the California
Water Pollution Control Association on October l2 and 13, 1968, in Oakland.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
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WORK IN LOCAL IMPROVEMENT DISTRICT NO. 25, SCHEDULES I THROUGH V
Mr. Horstkotte reported on the status of the work in Local Improvement
District No. 25, Schedules I through V.
LETTER FROM GEORGE S. NOLTE, CONSULTING ENGINEERS. RE LOCAL IMPROVEMENT
DISTRICT NO. 43-5-25-1 ASSESSMENT
Mr. Horstkotte presented a memorandum to the District Board dated
September 27,1968, reviewing a letter dated September 10,1968, from
George S. Nolte, Engineers, relative to Assessment No. 43-5-25-1 and their
related charges. for Watershed 29 South and Watershed 29 North.
To adjust the related charges to Nolte, Mr. Horstkotte recommended that
$72,000.00 be authorized for sewer construction, engineering and inspection
in Watershed 29 South to be recovered by the District from Watershed charges
to the area.
After discussion, it was moved by Member Rustigian, seconded by Member
Allan, that $72,000.00 be authorized from Sewer Construction funds for
Watershed 29 South construction, engineering and inspection, to be recovered
from Watershed 29 South charges. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
COUNSEL FOR THE DISTRICT
None.
IX.
ADJOURNMENT
At 9:40 o'clock P.M., the meeting was adjourned by President Gibbs to
October 24, 1968.
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President of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
COUNTERSIGNED:
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'Secretary of th; Di~trict B~;rd of the
Central~ontra Costa Sanitary District of
Contra Costa County, State of California
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