HomeMy WebLinkAboutBOARD MINUTES 11-07-68
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MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD NOVEMBER 7,1968
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
November 7, 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 24, 1968, were approved as presented.
III.
APPROVAL OF EXPENDITURES
It was moved by Member Mitchell, seconded by Member Boneysteele, 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 569 to 588, inclusive, Running
Expense Vouchers Numbers 8630 to 8778, inclusive, and Payroll Vouchers Numbers
2479 to 2571, inclusive. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
IV.
HEARINGS
DISTRICT ANNEXATION NO. 26, TOWN OF CLYDE. CONTINUED
President Gibbs stated that the public hearing for the annexation of
the Town of Clyde to the District was closed at the meeting on October 24,
1968, and was held over to this meeting for final action.
RESOLUTION NO. 1882. A RESOLUTION ORDERING THE ANNEXATION OF TERRITORY
CONTAINED IN DISTRICT ANNEXATION NO. 26, TOWN OF CLYDE. TO THE CENTRAL
CONTRA COSTA SANITARY DISTRICT
It was moved by Member Boneysteele, seconded by Member Mitchell, that
Resolution No. l882 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
Residents of Clyde asked about the application for Federal funds, which
was explained by Mr. Horstkotte, General Manager-Chief Engineer.
Mr. Horstkotte, General Manager-Chief Engineer, requested that Mr. Bohn,
Counsel for the District, be authorized to negotiate with Mrs. Van Winkle,
owner of a large portion of the Town of Clyde and the Clyde Sewer System,
for easements necessary in sewering the Town of Clyde.
It was moved by Member Mitchell, seconded by Member Allan, that Mr.
Bohn, Counsel for the District, be authorized to negotiate with Mrs. Van
Winkle, of the Town of Clyde, for easements needed in sewering the Town of
Clyde. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
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BIDS
None.
VI.
OLD BUSINESS
None.
VII.
NEW BUSINESS
PROTEST OF R. E. HERNANDEZ RE ASSESSMENT NO. 25-4-2--17
Correspondence from Mr. Hernandez was presented. Mr. Hernandez protested
the degree of service to his property and requested that the assessment be
reduced from one (l) unit to one-half (l/2) unit.
After discussing the matter with Mr. Hernandez, the staff was directed
to investigate further and report at the next meeting.
Continued to November 21, 1968.
CONSENT TO COMMON USE BETWEEN STANDARD PACIFIC GAS LINE INC. AND THE CENTRAL
CONTRA COSTA SANITARY DISTRICT, LOCAL IMPROVEMENT DISTRICT NO. 50, PARCEL B
Mr. Horstkotte, Engineer for Local Improvement District No. 50, stated
the agreement is the result of the Local Improvement District No. 50 sewer
line crossing Standard Pacific Gas Line Inc. easement.
It was moved by Member Rustigian, seconded by Member Allan, that the
President and Secretary be authorized to execute the agreement with Standard
Pacific Gas Line Inc. for common use of Local Improvement District No. 50,
Parcel B, and its recording ordered. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
CONSENT TO COMMON USE BETWEEN PACIFIC GAS & ELECTRIC CO. AND THE CENTRAL CONTRA
COSTA SANITARY DISTRICT, LOCAL IMPROVEMENT DISTRICT NO. 50, PARCELS HAND 0
Mr. Horstkotte, Engineer for Local Improvement District No. 50, stated
the agreement is the result of the Local Improvement District No. 50 sewer
line crossing Pacific Gas & Electric Co. easements.
It was moved by Member Rustigian, seconded by Member Allan, that the
President and Secretary be authorized to execute the agreement with Pacific
Gas & Electric Co. for common use of Local Improvement District No. 50, Parcels
Hand 0, and their recording ordered. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
PROTEST OF MR. AND MRS. LEAL AGAINST PAYMENT OF FEES DUE THE DISTRICT FOR
ILLEGAL CONNECTION BY A PRIOR OWNER
Mr. Carniato, representing Mr. Bohn, Counsel for the District, stated he
had reviewed the problem with the Leals and they had requested the matter be
presented to the District Board.
After discussing the problem with Mr. and Mrs. Leal, the staff was
directed to investigate further and report at the next meeting.
Continued to November 21,1968.
INVOICE OF BROAD, BUSTERUD & KHOURIE, RE CHLORINE PRICE FIXING LITIGATION.
$82.49
Mr. Carniato, representing Mr. Bohn, Counsel for the District, stated that
this was the District's pro rata share of the litigation cost per agreement
from June 1, 1968, through October 25, 1968.
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It was moved by Member Allan, seconded by Member Boneysteele, that the
invoice of Broad, Busterud & Khourie in the sum of $82.49 be paid for the
District's share of the chlorine price fixing litigation costs from June 1,
1968, through October 25, 1968. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
INVOICE OF LOIS E. ZION, CSR, COURT REPORTER FOR M. F. WEBER VS. ANTONIO
POIPAO, ET AL, LITIGATION - DEPOSITION OF ANTONIO POIPAO AND FRANK RICHARD
CHRISTENSEN, $30.80
Mr. Carniato, representing Mr. Bohn, Counsel for the District, stated
that since the depositions were taken, the District has been cleared of any
liability in the litigation.
It was moved by Member Allan, seconded by Member Boneysteele, that the
invoice of Lois E. Zion in the sum of $30.80 for depositions taken relative
to the M. F. Weber vs. Antonio Poipao, et aI, litigation, be paid. Carried
by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
NOTICE OF COMPLETION, TREATMENT PLANT ENLARGEMENT - 1967
Mr. Horstkotte, General Manager-Chief Engineer, certified to the District
Board that the Treatment Plant Enlargement-1967 work was completed and re-
quested authorization to file notice of completion.
It was moved by Member Allan, seconded by Member Rustigian, that Mr.
Horstkotte, General Manager-Chief Engineer, be authorized to file Notice of
Completion for the Treatment Plant Enlargement-1967 work. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
ACCEPTANCE OF EASEMENTS
It was moved by Member Allan, seconded by Member Rustigian, that ease-
ments from Will Brobeck, Paul H. Prehn (2), Wesley Bailey Land Co., and
James W. Giles and Edward H. French 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
SETTLEMENT OF EASEMENT PARCEL 8. JOB NO. 137lB, BARTD TUNNEL WORK, OWNER
GLAnS. $100.00
Mr. Carniato, representing Mr. Bohn, Counsel for the District, stated
that $lOO.OO had been agreed for settlement of the condemnation litigation
for Parcel 8, Job l37lB, BARTD relocation work. BARTD to reimburse the
District.
It was moved by Member Mitchell, seconded by Member Allan, that ease-
ment Parcel 8, Job 1371B, BARTD Tunnel Work, condemnation litigation be
settled for $100.00. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
SETTLEMENT OF EASEMENT PARCEL 7. JOB NO. 137lB. BARTD TUNNEL WORK. OWNER
ROSE, $118.00
Mr. Carniato, representing Mr. Bohn, Counsel for the District, stated
that $118.00 had been agreed for settlement of the condemnation litigation
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for Parcel 7, Job l37lB, BARTD relocation work.
District.
BARTD to reimburse the
It was moved by Member Mitchell, seconded by Member Allan, that easement
Parcel 7, Job l37lB, BARTD Tunnel Work, condemnation litigation be settled
for $118.00. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
MATTERS FROM THE FLOOR
Member Boneysteele reported he had received a phone call from a resident
on Springhill Road thanking him for the District's action relative to early
morning collection of garbage in their area.
VIII.
REPORTS
COMMITTEES
PERSONNEL
Member Allan reported that he and Member Rustigian were continuing with
the District salary study.
UNIFORM ACCOUNTING
Member Boneysteele stated that he would be able to attend the hearing
on the Uniform Accounting System for Waste Disposal Districts in San Francisco
on November 15,1968.
GENERAL MANAGER-CHIEF ENGINEER
LOCAL IMPROVEMENT DISTRICT NO. 25, SCHEDULE V
Mr. Horstkotte, General Manager-Chief Engineer, reported that Vincent
Rodrigues, Contractor for Local Improvement District No. 25, Schedule V,
has had his Contractor's License suspended as of November 5, 1968, for 90
days.
The problem of getting this work completed was discussed with the Board
Members.
RESOLUTION NO. 1883. A RESOLUTION AUTHORIZING NOTICE OF TERMINATION OF
PERFORMANCE, LOCAL IMPROVEMENT DISTRICT NO. 25
It was moved by Member Allan, seconded by Member Mitchell, that Resolution
No.. 1883 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
LOCAL IMPROVEMENT DISTRICT NO. 25. SCHEDULES I, II AND IV
Mr. Horstkotte, General Manager-Chief Engineer, read a memorandum from
the Inspection Department relative to the slow work of Watts Construction on
their three schedules.
SURPLUS PROPERTY AT THE TREATMENT PLANT
Mr. Horstkotte, General Manager-Chief Engineer, stated that he had
received correspondence from Mr. Victor W. Sauer, Public Works Director,
Contra Costa County, expressing interest in surplus land at the District's
Treatment Plant to add to recent purchase in the area for a Corporation Yard.
After discussion, it was moved by Member Allan, seconded by Member
Rustigian, that the District obtain an independent appraisal for surplus
property at the Treatment Plant and that the staff be authorized to negotiate
with the County on the sale of 20t acres of surplus Treatment Plant property.
Carried by the following vote:
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AYES:
NOES:
ABSENT:
Members:
Members:
Members:
COMMENDATION
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Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
Mr. Horstkotte, General Manager-Chief Engineer, reported that Dorothea
Cady, Administrative Accountant, had been confined to her home and now was
in Kaiser Hospital with a foot infection.
He commended Audrey Nordeman and Karen Romeo for the efficient manner
the Accounting Department has operated in her absence.
SUPPLEMENTAL FEE FOR LOCAL IMPROVEMENT DISTRICT NO. 50, WILSON, JONES,
MORTON & LYNCH
Mr. Horstkotte, General Manager-Chief Engineer, presented a letter of
agreement with Wilson, Jones, Morton & Lynch, Legal Counsel for assessment
districts, setting forth terms for a 1% supplemental fee for Local Improve-
ment District No. 50 work.
After discussion, it was moved by Member Rustigian, seconded by Member
Allan, that Mr. Horstkotte, General Manager-Chief Engineer, be authorized
to send the letter for the signature of Wilson, Jones, Morton and Lynch.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
CONDEMNATION OF THREE PARCELS, LOCAL IMPROVEMENT DISTRICT NO. 50
Mr. Horstkotte, General Manager-Chief Engineer, stated that it would
be necessary to condemn three parcels needed for Local Improvement District
No. 50, as there are problems that need time to work out and the time
schedule will not permit. Right of entry is not acceptable for this job.
Property owners are being notified of the necessity to condemn, while
efforts are being made to settle. These parcels are Acme Fill Corp.,
Henry and the Martinez Gun Club.
RESOLUTION NO. 1884, A RESOLUTION DETERMINING THE PUBLIC INTEREST
AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LANDS, AND DIRECTING
THE FILING OF EMINENT DOMAIN PROCEEDINGS
It was moved by Member Rustigian, seconded by Member Allan, that
Resolution No. 1884 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
COUNSEL FOR THE DISTRICT
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
SETTLEMENT OF EASEMENT PARCEL NO.1, D.S.P. 1652, OWNER HAINES
Mr. Carniato, representing Mr. Bohn, Counsel for the District, reported
that condemnation litigation for easement Parcel No.1, D.S.P. 1652, owner
Haines, can be settled for $450.00 and it is the staff recommendation to
settle.
It was moved by Member Mitchell, seconded by Member Boneysteele, that
easement Parcel No.1, D.S.P. 1652, be settled for $450.00. Carried by
the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
SETTLEMENT OF LOCAL IMPROVEMENT DISTRICT NO. 50, PARCEL 17. PUMP SITE
Mr. Carniato, representing Mr. Bohn, Counsel for the District, reported
that he had offered to the owners of Parcel 17, Local Improvement District
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No. 50, the $l7,000.00 the District Board authorized and they have demanded
$17,500.00, plus title insurance costs.
After discussion, it was moved by Member Mitchell, seconded by Member
Allan, that Local Improvement District No. 50, Parcel 17, Pump Site, be
purchased for $17,500.00, plus title insurance costs. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
IX.
ADJOURNMENT
At 9:40 o'clock P.M., the meeting was adjourned by President Gibbs
to November 21, 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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'~ecretary of the District Board of the
Centrã1 Contra Costa Sanitary District of
Contra Costa County, State of California
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