HomeMy WebLinkAboutBOARD MINUTES 10-24-68
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MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD OCTOBER 24,1968
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 October 24, 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
The Minutes of the meeting of October 3,1968, were approved as presented.
III.
APPROVAL OF EXPENDITURES
None.
IV.
HEARINGS
LOCAL IMPROVEMENT DISTRICT NO. 25, SCHEDULE III, WORK
Mr. Horstkotte, Engineer for Local Improvement District No. 25, stated the
work has been completed in Local Improvement District No. 25, Schedule III, and
this was an informal Hearing to determine if there were any outstanding claims
or protests relative to the work.
President Gibbs asked for written or oral protests.
There being none, it was moved by Member Rustigian, seconded by Member
Allan, that the Hearing relative to the work for Local Improvement District
No. 25, Schedule III, be closed. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
DISTRICT ANNEXATION 26. TOWN OF CLYDE
Mr. Horstkotte, General Manager-Chief Engineer, stated the District staff
has investigated the Clyde system and financial requirements for sewer service
by annexation to the District.
He presented the Board Members with a memorandum setting forth Clyde
service conditions and examples of cost range.
He stated the fixed cost items recommended by the staff and requiring
approval of the District Board were $35.00 annexation charge, $70.00 watershed
charge and $100.00 connection charge per home or residential lot.
He stated the other items listed are estimates for engineering and
construction.
Mr. Horstkotte stated that the fixed costs were tailored to the Town of
Clyde situation and the existing homes.
Mr. Siino, attorney representing Clyde civic group, protested the fixed
charges suggested by the staff, and requested reduction.
The various charges and cost estimates were discussed with Mr. Siino
and the people from Clyde.
After discussion, the Board Members determined that the fixed costs recom-
mended by the District staff were necessary for a properly financed project.
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It was moved by Member Mitchell, seconded by Member Allan, that existing
homes in the Clyde area pay $35.00 annexation charge, $70.00 watershed charge
and $100.00 connection charge per home or residential lot. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
President Gibbs opened the Hearing for the annexation of the Town of
Clyde (District Annexation 26), and asked for written or oral protests.
There being none, it was moved by Member Mitchell, seconded by Member
Rustigian, that the Hearing for protests relative to annexing the Town of
Clyde to the District be closed and continued to November 7,1968, for final
action. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
Mr. Gerow of the County Health Department stated that his Department
wanted to see the Town of Clyde annexed to the District at the earliest date
so that pending action against the Town of Clyde by the District Attorney's
office may be dismissed, and the building moratorium removed.
V.
BIDS
None.
VI.
OLD BUSINESS
None.
VII.
NEW BUSINESS
LOCAL IMPROVEMENT DISTRICT NO. 50
Mr. Horstkotte, General Manager-Chief Engineer, stated that it was neces-
sary to adopt all Resolutions for Local Improvement District No. 50 up to the
Resolution of Intention prior to November 5,1968, election to strengthen the
District's position in the sale of improvement bonds for the project.
Mr. Jerry Laster, representing Wilson, Jones, Morton & Lynch, attorneys
for Local Improvement District No. 50, presented and explained the following
resolutions to commence proceedings for Local Improvement District No. 50.
RESOLUTION NO. 1872, A RESOLUTION REQUESTING THAT THE HEALTH OFFICER OF
CONTRA COSTA COUNTY AND EX-OFFICIO HEALTH OFFICER OF THE CENTRAL CONTRA
COSTA SANITARY DISTRICT RECOMMEND PROCEEDINGS UNDER APPROPRIATE SPECIAL
ASSESSMENT AND ASSESSMENT BOND ACTS, OR OTHER APPROPRIATE PROCEEDINGS,
FOR THE CONSTRUCTION OF A SANITARY SEWERAGE SYSTEM AND APPURTENANCES,
AS NECESSARY AS A HEALTH MEASURE, LOCAL IMPROVEMENT DISTRICT NO. 50
It was movéd by Member Allan, seconded by Member Rustigian, that Resolution
No. 1872 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
RESOLUTION NO. 1873, A RESOLUTION REQUESTING THAT THE HEALTH OFFICER
OF THE CITY OF MARTINEZ AND EX-OFFICIO HEALTH OFFICER OF THE CENTRAL
CONTRA COSTA SANITARY DISTRICT RECOMMEND PROCEEDINGS UNDER APPROPRIATE
SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS, OR OTHER APPROPRIATE PRO-
CEEDINGS, FOR THE CONSTRUCTION OF A SANITARY SEWERAGE SYSTEM AND
APPURTENANCES, AS NECESSARY AS A HEALTH MEASURE. LOCAL IMPROVEMENT
DISTRICT NO. 50
It was moved by Member Allan, seconded by Member Rustigian, that Resolution
No. 1873 be adopted. Carried by the following vote:
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AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
RESOLUTION NO. 1874, A RESOLUTION REQUESTING CONSENT OF BOARD OF SUPER-
VISORS OF CONTRA COSTA COUNTY TO UNDERTAKE PROCEEDINGS FOR THE ACQUISITION
AND CONSTRUCTION OF SANITARY SEWERS AND TO PROVIDE THAT THE COSTS SHALL BE
ASSESSED UPON THE DISTRICT BENEFITED. UNDER APPROPRIATE SPECIAL ASSESSMENT
AND ASSESSMENT BOND ACTS, LOCAL IMPROVEMENT DISTRICT NO. 50
It was moved by Member Allan, seconded by Member Rustigian, that Resolution
No. 1874 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
RESOLUTION NO. 1875, A RESOLUTION REQUESTING CONSENT OF THE CITY COUNCIL
OF THE CITY OF MARTINEZ TO UNDERTAKE PROCEEDINGS FOR THE ACQUISITION AND
CONSTRUCTION OF SANITARY SEWERS AND TO PROVIDE THAT THE COSTS SHALL BE
ASSESSED UPON THE DISTRICT BENEFITED. UNDER APPROPRIATE SPECIAL ASSESS-
MENT AND ASSESSMENT BOND ACTS, LOCAL IMPROVEMENT DISTRICT NO. 50
It was moved by Member Allan, seconded by Member Rustigian, that Resolution
No. 1875 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
RESOLUTION NO. 1876, A RESOLUTION APPROVING MAP OF PROPOSED BOUNDARIES
OF ASSESSMENT DISTRICT, LOCAL IMPROVEMENT DISTRICT NO. 50
It was moved by Member Allan, seconded by Member Rustigian, that Resolution
No. 1876 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
RESOLUTION NO. 1877, A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT
IMPROVEMENTS, LOCAL IMPROVEMENT DISTRICT NO. 50
It was moved by Member Allan, seconded by Member Rustigian, that Resolution
No. 1877 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
RESOLUTION NO. 1878. A RESOLUTION AUTHORIZING THE GENERAL MANAGER-CHIEF
ENGINEER TO MAKE APPLICATION FOR FEDERAL FUNDS FOR THE TOWN OF CLYDE SEWER
PROJECT
It was moved by Member Boneysteele, seconded by Member Rustigian, that
Resolution No. 1878 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
RESOLUTION NO. 1879, A RESOLUTION AUTHORIZING THE GENERAL MANAGER-CHIEF
ENGINEER TO MAKE APPLICATION FOR FEDERAL FUNDS FOR ADVANCE ACQUISITION OF
LAND FOR TREATMENT PLANT CONSTRUCTION PROJECT
It was moved by Member Rustigian, seconded by Member Allan, that
Resolution No. 1879 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
10
24
Members:
Members:
Members:
68
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
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RESOLUTION NO .1880. A RESOLUTION AUTHORIZING, THEGENERALMANAGER-'-CHI.EF '
ENGINEER TO MAKE APPLICATION FOR FEDERAL FUNDS FOR SEWAGE TREATMENT
CAPACITY INCREMENT AT THE TREATMENT PLANT
It was moved by Member Rustigian, seconded by Member Allan, that
Resolution No. 1880 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
REQUEST OF VINCENT RODRIGUES CONSTRUCTION, INC. FOR EXTENSION OF TIME TO
COMPLETE LOCAL IMPROVEMENT DISTRICT NO. 25. SCHEDULE V
The District Board ordered the request filed without action at this
time.
REQUEST OF WATTS CONSTRUCTION CO. FOR EXTENSION OF TIME FOR LOCAL IMPROVE-
MENT DISTRICT NO. 25, SCHEDULES I. II AND IV
The District Board ordered the requests filed without action at this
time.
INVOICES OF ROBERT J. FOLEY, APPRAISER
Rhine property - Local Improvement District No. 50, Martinez, Parcel
17, Pump Site
Mr. Bohn, Counsel for the District, stated an independent appraisal
was needed in order to settle.
It was moved by Member Mitchell, seconded by Member Rustigian, that
$360.00 be paid to Robert J. Foley for appraisal of Local Improvement
District No. 50, Parcel 17, Martinez pump site, and charged to Local Improve-
ment District No. 50. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
Miller property - Local Improvement District No. 49, Schedule 2, Parcels
2, 3,4 and 5
Mr. Bohn, Counsel for the District, stated the independent appraisal was
necessary in the pending settlement of the condemnation action.
It was moved by Member Mitchell, seconded by Member Rustigian, that
Robert J. Foley be paid $150.00 for appraisal of Local Improvement District
No. 49, Schedule 2, Parcels 2, 3, 4 and 5, and charged to Local Improvement
District No. 49. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
District Sewering Project 1371, BARTD tunnel easement Parcels 7,
Porter, 8, Glavis, 15, Kaitz
Mr. Bohn, Counsel for the District, stated that BARTD had designated
Mr. Foley to make independent appraisal for BARTD Parcels. All costs to
be paid by BARTD.
It was moved by Member Mitchell, seconded by Member Rustigian, that
Robert J. Foley be paid $450.00 for appraisal of District Sewering Project
l37l, easement Parcels 7, 8 and 15, and charged to District Sewering Project
l371. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
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SETTLEMENT OF ¡>ARCEL 4 'R...,l, . LOCAL IM:PROVEMENTDISTRICTNO. 50, GOTTSCHALK
Mr. Horstkotte, Engineer for Local Improvement District No. 50, stated
that this is part easement and part fee title for a portion of the Local
Improvement District No. 50 pump station, and can be settled for $150.00,
and it is the staff recommendation to settle.
It was moved by Member Mitchell, seconded by Member Allan, that Local
Improvement District No. 50, Parcel 4 R-l, be settled for $150.00, and the
deed be accepted and its recording ordered. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
MAINTENANCE AGREEMENT WITH THE CITY OF MARTINEZ
Mr. Horstkotte, General Manager-Chief Engineer, stated that the agree-
ment provides for the District to maintain the City of Martinez sewer
collection system for the sum of $15,000.00 until July 1, 1969, along with
other stipulations.
It was moved by Member Allan, seconded by Member Mitchell, that
President Gibbs be authorized to execute the agreement. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
QUIT CLAIM DEED TO SHELL OIL COMPANY, LOCAL IMPROVEMENT DISTRICT NO. 50
EASEMENT
Mr. Horstkotte, Engineer for Local Improvement District No. 50, stated
it was necessary to make a change in the Shell Oil Co. easement after it
had been recorded.
It was moved by Member Rustigian, seconded by Member Allan, that the
President and Secretary be authorized to execute the Quit Claim Deed to
Shell Oil Company. 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 Mitchell, seconded by Member Boneysteele, that
easements from Clara J. Gergens, Frank Mello, H. L. Crocker, Richard Lieber,
George A. Winterton, Harry M. Donaldson, Joseph Foster and George Brazil 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
CONDEMNATION OF EASEMENT PARCEL 11 R-l. LOCAL IMPROVEMENT DISTRICT NO. 50,
GOTTSCHALK
Mr. Horstkotte, Engineer for Local Improvement District No. 50, stated
that Mr. Gottschalk cannot grant the requested easement due to pending
litigation relative to unrecorded option to purchase, making it necessary
for the District to condemn to obtain possession.
RESOLUTION NO. 1881, A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING
THE FILING OF EMINENT DOMAIN PROCEEDINGS
It was moved by Member Mitchell, seconded by Member Rustigian, that
Resolution No. 1881 be accepted. Carried by the following vote:
10
AYES:
NOES:
ABSENT:
24
Members:
Members:
Members:
68
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
"1""
. . ','
INVOICE OF ARTHUR M. GOFF FOR APPRAISAL OF TREES IN EASEMENT PARCEL
44-7-1 R-l, OWNER IRVING L. LIEBER, DANVILLE, $40.00
Mr. Horstkotte, Engineer for Local Improvement District No. 44, stated
that Mr. Lieber had claimed that work in the easement had damaged oak trees.
The examination and report of Mr. Goff, Agricultural Consultant,
determined no damage to the oak trees on the Lieber property.
It was moved by Member Mitchell, seconded by Member Rustigian, that
the invoice of Mr. Arthur M. Goff in the sum of $40.00 for appraisal of
oak trees on the Lieber property, 1 Macomber Road, Danville, be paid and
charged to Local Improvement District No. 44. Carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
CLAIM OF LYNN H. HIDEN, $19.22
Mr. Horstkotte, General Manager-Chief Engineer, stated the Hiden claim
in the sum of $19.22 was for a plumbing bill as a result of sewer stoppage,
and it was the staff recommendation to pay.
It was moved by Member Mitchell, seconded by Member Allan, that the
claim of Lynn H. Hiden in the sum of $19.22 be paid after receipt of a signed
Release in Full Settlement and Compromise. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
EXPENSES FOR G. A. HORSTKOTTE, JR., GENERAL MANAGER-CHIEF ENGINEER, AND
JOHN A. BOHN, COUNSEL FOR THE DISTRICT, TO ATTEND THE CALIFORNIA SANITARY
AND SANITATION DISTRICTS ASSOCIATION EXECUTIVE COMMITTEE MEETING OCTOBER
26. 1968, IN SANTA BARBARA
Mr. Horstkotte, General Manager-Chief Engineer, requested $90.00 each,
plus transportation.
It was moved by Member Mitchell, seconded by Member Boneysteele, that
$90.00 each plus transportation, be authorized for Mr. Horstkotte, General
Manager-Chief Engineer, and Mr. Bohn, Counsel for the District, to attend
the California Sanitary and Sanitation Districts Association Executive
Committee Meeting October 26, 1968, in Santa Barbara. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
MATTERS FROM THE FLOOR
LOCAL IMPROVEMENT DISTRICT NO. 25
Mr. Jerry Laster, representing Wilson, Jones, Morton & Lynch, attorneys
for Local Improvement District No. 25, explained the problems involved in
any attempt to sell Local Improvement District No. 25 bonds, representing unpaid
assessments, prior to November 5, 1968, to avoid any possible conflict with
the Watson Amendment.
VIII.
REPORTS
COMMITTEES
UNIFORM ACCOUNTING
Member Boneysteele reported that he would be unable to attend the
Hearing on November 15,1968, at the State Building in San Francisco relative
to the uniform accounting system for Waste Disposal Districts.
Member Allan stated he would attend.
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PERSONNEL
Member Allan stated that he and Member Rustigian had met relative to the
annual review of salaries and will meet again before reporting to the District
Board.
Member Allan reported on a meeting of the State Water Resources Control
Board, Division of Water Quality, he had attended.
GENERAL MANAGER-CHIEF ENGINEER
AUDITS
Mr. Horstkotte, General Manager-Chief Engineer, reported that the
following audits of District affairs had been made:
1. Arthur Young Co. for the County Grand Jury to determine that the
District accounting procedures and handling of funds have the necessary
safeguards.
2. Bay Area Rapid Transit District - A thorough audit of District
charges for BARTD relocation work being paid by them.
3.
State Compensation Insurance Fund
4.
Fireman's Fund Insurance Co.
5.
J. S. Plourde, Annual Audit.
COUNSEL FOR THE DISTRICT
None.
IX.
ADJOURNMENT
At 10:40 o'clock P.M., the meeting was adjourned by President Gibbs
to November 7, 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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Secrêt-a,ry of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
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