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HomeMy WebLinkAboutBOARD MINUTES 08-21-69 "I. , , ,'¡.),j, MINUTES CENTRAL OF AN ADJOURNED REGULAR MEETING OF THE DISTRICT BOARD CONTRA COSTA SANITARY DISTRICT HELD AUGUST 21,1969 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 August 21, 1969, at 8:00 o'clock P.M. The meeting was called to order by President Gibbs. I. ROLL CALL PRESENT: Members: Rustigian, Mitchell and Gibbs ABSENT: Members: Boneysteele and Allan II. APPROVAL OF MINUTES The Minutes of the meeting of August 7,1969, were approved as presented. III. APPROVAL OF EXPENDITURES None. IV. HEARINGS LOCAL IMPROVEMENT DISTRICT NO. 52, SCHEDULES 3,4,5 AND 7, CONTINUED President Gibbs opened the continued Hearings for Local Improvement District No. 52, Schedules 3, 4,5 and 7, and stated Schedule 7 would be taken first. President Gibbs asked Member Mitchell to explain to those present District procedures and financing methods. Member Mitchell explained annexation charges, connection charges and water- shed charges, stating that these were funds for general capital expenditures. He explained that local sewering areas can be financed three ways: 1. 2. 3. Subdivisions by subdivider Individuals alone or in groups Assessment Districts He explained that the District acts as agent for property owners in Assess- ment Districts, providing engineering - Assessment bond administration -- allocation of cost to individual assessments on building site basis. He stated the Board sits as a Board of Equalization to determine fairness of assessments distribution, as there is no recourse after final decision. He stated the District will aid Local Improvement Districts with problems by making District contribution when recovery of District funds is possible; in fairness to others, the District must anticipate recovery of funds. Local Improvement District No. 52, Schedule 7 President Gibbs stated a Committee of Directors went into the area to investigate the protests. Member Mitchell explained on a map the area investigated. Member Mitchell stated that the Committee requested that the staff contact owners in the area who had not protested to determine their feelings relative to obtaining sewer service. The following property owners were contacted by telephone; all stated they wanted sewer service and did not want to be excluded: Simmons, Aubrey, Williams, Kues, Allen, Bowman and Sauer. 08 21 69 "\. .0£ Member Mitchell stated that those protesting and wishing to be excluded were in a minority and not in a situation to warrant exclusion. Frank J. McSherry, Assessment Parcel 52-7-11-5, stated that his protest was against his assessment not for exclusion. Dr. Louis W. Lewis, Assessment Parcel 52-7-15-6 presented letter protest- ing inclusion in the Assessment District. He was informed the Hearing as to protests had been closed at the previous meeting and the Board was reviewing tonight for final decision those protests acknowledged at the August 7, 1969, Hearing. Final decision on protests received at the August 7,1969 Hearing follows: 52-7-13-5. Gary Elgaaen Sewers would change rural character, and high cost. After discussion, it was moved by Member Mitchell, seconded by Member Rustigian, that the protest of Gary Elgaaen, Parcel 52-7-13-5, be denied. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan 52-7-11-5. Frank J. McSherry Protested 4 sites; claimed only 2. After discussion with Frank J. McSherry, it was moved by Member Mitchell, seconded by Member Rustigian, that the protest of Frank J. McSherry, Parcel 52-7-11-5, be denied. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan 52-7-13-7. James C. Stone Sewers would destroy rural character, high cost, requested exclusion. After discussion, it was moved by Member Mitchell, seconded by Member Rustigian, that the protest of James C. Stone, Parcel 52-7-13-7, be denied. Carried by the following vote: AYES: Members: Rustigian, Mitchell and Gibbs NOES: Members: None ABSENT: Members: Boneysteele and Allan 52-7-2-2. Edwin W. Bennett Protested number of building sites (3). After discussion, it was moved by Member Mitchell, seconded by Member Rustigian, that the protest of Edwin W. Bennett, Parcel 52-7-2-2, be denied. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan 52-7-15-5. Stephen Jones Protested assessment. After discussion, it was moved by Member Rustigian, seconded by Member Mitchell, that the protest of Stephen Jones, Parcel 52-7-15-5, be denied. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: 08 2 1';-6 9 Rustigian, Mitchell and Gibbs None Boneysteele and Allan . ~)::; 52-7-8-2 & 3 & 7, Fred Wooten Protested number of sites (3). After discussion with Mr. Wooten, it was moved by Member Mitchell, seconded by Member Rustigian, that the Wooten property be assessed for 2 sites, not 3, and Assessment Parcel 52-7-8-7 be reduced from 1 unit to zero. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan 52-7-13-8, Mrs. Gaybill Protested number of building sites. After discussion, it was moved by Member Mitchell, seconded by Member Rustigian, that the protest of Mrs. Gaybill be denied. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan It was moved by Member Rustigian, seconded by Member Mitchell, that the Hearing for Local Improvement District No. 52, Schedule 7, be closed. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele Local Improvement District No. 52, Schedule 3 President Gibbs read the Minutes of the August 7,1969, meeting relating to Local Improvement District No. 52, Schedule 3. Mr. Horstkotte, Engineer for Local Improvement District No. 52, presented a map indicating the area which would benefit from Local Improvement District No. 52, Schedule 3, construction and from which recovery of funds could be made; estimated to be $25,000.00. This sum could be a District contribution. It was pointed out that 8 properties received service from Assessment District last year which was part of the P.S.A., which, if included in this Assessment District, would have helped in lowering cost, estimated at $10,000.00. After discussion with the property owners present, it was moved by Member Mitchell, seconded by Member Rustigian, that the District contribute $35,000.00 to Local Improvement District No. 52, Schedule 3. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: 52-3-6-5, Duggan Rustigian, Mitchell and Gibbs None Boneysteele and Allan Protested inclusion, and requested change in easement location. After discussion, it was moved by Member Mitchell, seconded by Member Rustigian, that the protest of Duggan, Parcel 52-3-6-5, be denied. Carried by the following vote AYES: NOES: ABSENT: Members: Members: Members: 52-3-3-12, Ellis Rustigian, Mitchell and Gibbs Non Boneysteele and Allan Protested high cost, and wished to withdraw easement granted. After discussion, it was moved by Member Rustigian, seconded by Member Mitchell, that the protest of Ellis, Parcel 52-3-3-12, be denied. Carried by the following vote AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan 08 21 69 , .-"..,~ :.:.Ö.c The matter of the easement on the Ellis property was referred to the District staff for review. It was moved by Member Rustigian, seconded by Member Mitchell, that the following protests re high costs be denied. 52-3-2-2 - Fisher 52-3-6-4 - Roloff 52-3-6-6 - Spaar 52-3-3-15 - Tufts 52-3-3-5,6 & 7 - Borden 52-3-6-1 - Wilkins 52-3-2-3 - Pozoz 52-3-3-18 - Jacobs 52-3-3-16 - Titen 52-3-5-1 - Morton 52-3-3-8 - Sawdey 52-3-3-11 - Mackey 52-3-3-9 - Koenig 52-3-5-7 - Woodmansee Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan It was moved by Member Rustigian, seconded by Member Mitchell, that the Hearing for Local Improvement District No. 52, Schedule 3, be closed. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan Local Improvement District No. 52, Schedule 5 52-5-2-1 - Hedberg The Members of the District Board discussed with Mr. Hedberg his request for reduced service. After discussion, it was moved by Member Mitchell, seconded by Member Rustigian, that the service to the second lot of Parcel 52-5-2-1 be cut back, and the assessment be reduced to 1-1/2 units from 2 units. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan It was moved by Member Mitchell, seconded by Member Rustigian, that the Hearing for Local Improvement District No. 52, Schedule 5, be closed. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan Local Improvement District No. 52, Schedule 4 52-4-2-1 52-4-2-6 Protested: 1. The proposed improvement work; 2. The extent of the Assessment District; 3. The proposed assessment against their property. After discussion, it was moved by Member Rustigian, seconded by Member Mitchell, that the protests of Parcels 52-4-2-1 and 52-4-2-6 be denied. Carried by the following vote: AYES: NOES: ABSENT: 08 6') ~, ~l Members: Members: Members: 69 Rustigian, Mitchell and Gibbs None Boneysteele and Allan - "- >, . '~,'} ¡ It was moved by Member Rustigian, seconded by Member Mitchell, that the Hearing for Local Improvement District No. 52, Schedule 4, be closed. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan 11r. Laster, representing Mr. Ernest Wilson, Attorney for Local Improvement District No. 52, presented and explained the following Resolutions for adoption: RESOLUTION NO. 1996, A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 1962, LOCAL IMPROVEMENT DISTRICT NO. 52 It was moved by Member Mitchell, seconded by Member Rustigian, that Resolution No. 1996 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan RESOLUTION NO. 1997, A RESOLUTION PROVIDING FOR DISTRICT CONTRIBUTION, LOCAL IMPROVEMENT DISTRICT NO. 52 It was moved by Member Mitchell, seconded by Member Rustigian, that Resolution No. 1997 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan RESOLUTION NO. 1998, A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS, LOCAL IMPROVEMENT DISTRICT NO. 52 It was moved by Member Mitchell, seconded by Member Rustigian, that Resolu- tion No. 1998 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan RESOLUTION NO. 1999, A RESOLUTION OF INTENTION TO ELIMINATE PARCELS FROM THE ASSESSMENT DISTRICT, LOCAL IMPROVEMENT DISTRICT NO. 52 It was moved by Member Mitchell, seconded by Member Rustigian, that Resolu- tion No. 1999 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan RESOLUTION NO. 2000, A RESOLUTION DESIGNATING COLLECTION OFFICER, LOCAL IMPROVEMENT DISTRICT NO. 52 It was moved by Member Mitchell, seconded by Member Rustigian, that Resolu- tion No. 2000 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan RESOLUTION NO. 2001, A RESOLUTION OF AWARD OF CONTRACT, LOCAL IMPROVEMENT DISTRICT NO. 52 It was moved by Member Mitchell, seconded by Member Rustigian, that Resolu- tion No. 2001 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan 08 21 69 ",", " <)~ None. V. BIDS VI. OLD BUSINESS CORRESPONDENCE FROM JEROME R. WALDIE, UNITED STATES CONGRESSMAN, FOURTEENTH DISTRICT, AND JOHN A. NEJEDLY, STATE SENATOR, SEVENTH DISTRICT, EXPRESSING THEIR APPRECIATION FOR INVITATION FOR LOCAL IMPROVEMENT DISTRICT NO. 50 GROUND BREAKING Letters from Congressman Waldie and Senator Nejedly were read. VII. NEW BUSINESS KAISER FOUNDATION HEALTH PLAN AGREEMENT AMENDMENT Mr. Hostkotte, General Manager-Chief Engineer, stated the amended agreement was for an increase in premium rates. It was moved by Member Mitchell, seconded by Member Rustigian, that the President and Secretary be authorized to execute the amended agreement for Kaiser Foundation Health Plan. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan RESOLUTION NO. 2002, A RESOLUTION APPOINTING CONSTANCE MAITHAS, PERMANENT- INTERMITTENT RECEPTION-CLERK Mr. Horstkotte, General Manager-Chief Engineer, explained this was a replacement for a temporary girl who got a permanent job. It was moved by Member Mitchell, seconded by Member Rustigian, that Resolution No. 2002 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan ACCEPTANCE OF EASEMENTS It was moved by Member Mitchell, seconded by Member Rustigian, that easements from Alan B. Cobbe, William T. Rei and George C. Hall (2) be accepted and their recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan APPLICATION FOR FEDERAL FUNDS FOR CANYON AREA SEWERS It was moved by Member Rustigian that application be made for Federal funds for the Canyon area sewers. Motion failed for lack of a second. Continued to September 4, 1969. RESOLUTION NO. 2003, A RESOLUTION AUTHORIZING CONDEMNATION OF EASEMENT PARCEL 1 R-l, LOCAL IMPROVEMENT DISTRICT NO. 44, SCHEDULE 7, LEIBER After explanation, it was moved by Member Mitchell, seconded by Member Rustigian, that Resolution No. 2003 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan RESOLUTION NO. 2004, A RESOLUTION AUTHORIZING CONDEMNATION OF RODNEY STICH PARCEL Letter from Wyler Company was read, which stated they have been unable to negotiate for an easement with Rodney Stich. nR 9.1 ~Q '\. , -4 , ','- Mr. Horstkotte, General Manager-Chief Engineer, stated that the indicated location on the map was the logical route for the sewer. After discussion, it was moved by Member Rustigian, seconded by Member Mitchell, that Resolution No. 2004 be adopted and that Wyler Company deposit with the District $2,000.00 to apply to the expenses of the condemnation. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan MAINTENANCE BUILDING EXPANSION - 1969 Mr. Horstkotte, General Manager-Chief Engineer, presented plans and speci- fications for expansion of the Maintenance Building previously authorized, and requested authority to call for bids. It was moved by Member Mitchell, seconded by Member Rustigian, that the plans and specifications for the Maintenance Building Expansion - 1969 be adopted and the call for bids authorized. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan VIII. REPORTS COMMITTEES None. GENERAL MANAGER-CHIEF ENGINEER OVERTIME PAYMENT FOR CLYDE HOPKINS Mr. Horstkotte, General Manager-Chief Engineer, requested that Mr. Clyde Hopkins be paid four hours overtime at time and one-half per month during the absence of Mr. Jack Best in the field, acting as Resident Engineer for Local Improvement District No. 50. It was moved by Member Rustigian, seconded by Member Mitchell, that Mr. Clyde Hopkins be paid four hours overtime at time and one-half per month during the absence of Mr. Jack Best in the field as Resident Engineer for Local Improve- ment District No. 50. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan WORK IN LOCAL IMPROVEMENT DISTRICT NO. 50 Mr. Horstkotte reported on the amount of work completed for Local Improve- ment District No. 50 to date. COUNSEL FOR THE DISTRICT EASEMENT FOR TOWN OF CLYDE SEWERS Mr. Bohn, Counsel for the District, presented an easement agreement from the Department of the Navy for easement across their property at the Weapons Station, Concord, to the Town of Clyde; consideration $900.00. Mr. Bohn recommended approval. It was moved by Member Rustigian, seconded by Member Mitchell, that the agreement for easement for the Town of Clyde sewers across the Naval Weapons Station property, Concord, be approved, and the $900.00 consideration authorized and charged to Local Improvement District No. 51. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell and Gibbs None Boneysteele and Allan 08 21 69 ','> : ~,'. "" 08 IX. ADJOURNMENT At 11:15 o'clock P.M., the meeting was adjourned by President Gibbs to September 4,1969. Æ'i?' . /;""~.. ~ " //.... ¿<' 'P:~t,ø-c-_~::// --' , President of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: ) (' .' ,> -- ._-,/.-~-" ,-;. , - ecretary of the District Board of the C~ñtr&l Contra Costa Sanitary District of Contra Costa County, State of California " , 21 69