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HomeMy WebLinkAboutBOARD MINUTES 09-18-69 " ~~\::f MINUTES OF AN ADJOURNED REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD SEPTEMBER 18, 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 September 18, 1969, 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 September 4,1969, were approved as presented. III. APPROVAL OF EXPENDITURES None. RESOLUTION NO. 2009, A RESOLUTION DETERMINING RECEIPT OF HEALTH OFFICER'S LETTER AND THAT PROCEEDINGS ARE NECESSARY AS A HEALTH MEASURE, WITHOUT PROCEED- ING UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE, LOCAL IMPROVEMENT DISTRICT NO. 53 It was moved by Member Allan, seconded by Member Mitchell, that Resolution No. 2009 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None "August 7, 1969 "Central Contra Costa Sanitary District 1250 Springbrook Road Walnut Creek, California Re: Local Improvement District No. 53 "Gentlemen: "I am acquainted with the sanitary sewerage project which you propose to undertake pursuant to special assessment and assessment bond proceedings, or other appropriate proceedings, for sewering the areas as shown on the bound- ary map for Local Improvement District No. 53, on file in the office of the Central Contra Costa Sanitary District. "I recommend, as necessary as a health measure, that you undertake proceedings pursuant to appropriate special assessment and assessment bond acts of this State, or other appropriate proceedings, as you shall determine, for the construction of said improvements and for assessing or taxing the properties to be benefited thereby. This recommendation extends to such changes and modifications therein as you shall find to be proper or advisable, in the manner provided by law. Yours respectfully, /s/ Glen W. Kent, M.D. Health Officer of the County of Contra Costa and ex-officio Health Officer of the Central Contra Costa Sanitary District" 09 18 69 , "'} :. ' " "",' IV. HEARINGS DISTRICT ANNEXATION 29A President Gibbs opened the Hearing for District Annexation 29A, and asked for written protests. Mr. Horstkotte, General Manager-Chief Engineer, read letter of Percy E. Whitten, protesting inclusion of the 6-1/2 acre parcel being a long strip of land which would not meet zoning requirements for building. After discussion, it was moved by Member Mitchell, seconded by Member Allan, that the portion of the Whitten parcel lying on the perimeter of the annexation, which will not create an island within the proposed annexation, be excluded. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None There being no further protests, President Gibbs closed the Hearing. RESOLUTION NO. 2010, A RESOLUTION ORDERING THE ANNEXATION OF TERRITORY CONTAINED IN DISTRICT ANNEXATION 29A TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT It was moved by Member Allan, seconded by Member Mitchell, that Resolution No. 2010 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. 53 President Gibbs opened the Hearing on Local Improvement District No. 53, and asked for written protests. Mr. Horstkotte, Engineer for Local Improvement District No. 53, read the following written protests: 53-5-10 - Harry and Phoebe Balch - requested exclusion 53-5-2 - Roman J. and Phyllis J. Kutsky - requested exclusion The following petition was signed by: 53-4-1 - 53-5-1 - 53-5-4 - 53-5-10- 53-3-1 - Peter and Patricia Grossgart John R. and Diane H. Underhill Lawrence S. & Barbara Burr Robert W. Jackson Linton D. and Julie A. Carlson "The District Board of the Central Contra Costa Sanitary District "We the undersigned wish to protest plans for sewer no. 2 on Brown Avenue. "Over 60% of the home owners that would be serviced by the second sewer line that originates at the hairpin turn at lot no. 232-080-07 and 232-080-12 and ends at lot no. 232-090-14 are opposed to it for the following reasons.. "The proposed sewer district does not go to the end of Brown Avenue, where the~e are nine homeowners and ten or more property owners. All of Brown Avenue is in the city of Lafayette and we feel no sewers should go in on this private road until all houses are included in the sewer district. "We are opposed to the method of assessment. For example, one property owner is being assessed for only four building sites when he has indicated that he plans a minimum of ten and may have as many as twelve. "It is extremely unwise to run a sewer line up the canyon by lots nos. 232-080-07, 232-080-12 and 232-080-06, (the two largeSt opposing areas marked in red on the map) as heavy rainfall causes much soil to wash down the canyon. This area also erodes heavily and the canyon widens each winter with these slippages. 09 18 69 "")- '" i' ( "Although it is the responsibility of the Sanitary District to make sewer line repairs, the homeowners do not wish an indefinite period for repairs during which time they would not have proper sanitary facilities." The second line referred to is the line installed up the hill. would be the line serving the separate lower area. Line one There being no further written protests, President Gibbs asked for oral protests. 53-5-6 - William E. Klein Mr. Klein protested inclusion and then presented a written protest. 53-3-4 - Roy J. and Hazel M. Heffner Mr. Heffner protested being assessed for two building sites. Mr. Heffner was informed that his assessment was for only one building site. Extension of the sewer to the upper Brown Avenue area and District con- tribution to Local Improvement District No. 53 with expected recovery from the upper area was discussed. Dr. Grossgart protested being assessed for three building sites. After discussion, the Board Members stated they would review the Brown Avenue project in the field. Mr. Burr requested that the Board Members review in the field the Koregelos property for number of building sites and assessment. Board Members stated that the number of protests for withdrawal indicated the Board Members should give consideration to abandoning the project at this time. President Gibbs warned the property owners that abandonment at this time and proceeding at a later date would be more costly to the property owners due to the continuing rise in construction costs. Board Members stated they would hold the Hearing open, and suggested that all protests for exclusion be presented in writing within the next week and the Board Members will make a determination at the next meeting on October 2, 1969, as to whether to abandon the project or proceed. It was moved by Member Allan, seconded by Member Rustigian, that the Hearing for Local Improvement District No. 53 be continued to October 2, 1969. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None At 10:00 o'clock P.M., President Gibbs retired from the meeting. It was moved by Member Rustigian, seconded by Member Allan, and unanimously carried, that Member Mitchell be elected President Pro Tem. V. BIDS LOCAL IMPROVEMENT DISTRICT NO. 53 Bids, opened at 2:00 o'clock P.M. this day, were presented as follows: 1. Joseph R. Ramos $56,580.00 2. M.G.M. Construction Company 65,738.50 It was moved by Member Boneysteele, seconded by Member Allan, that decision as to award of contract for Local Improvement District No. 53 be continued to October 2,1969. Carried by the following vote: 09 18 ,69 -} "" ',: "_J AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Allan and Mitchell None Gibbs MAINTENANCE SHOP EXPANSION 1969 Mr. Horstkotte, General Manager-Chief Engineer, presented bids opened at 2:00 o'clock P.M. this day, as follows, and recommended award to the low bidder, E. E. Gilbert Construction: 1. E. E. Gilbert Construction $11,660.00 2. Roy E. Carter 11,930.00 It was moved by Member Allan, seconded by Member Boneysteele, that the contract for Maintenance Shop Expansion 1969 work be awarded to E. E. Gilbert Construction. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Allan and Mitchell None Gibbs VI. OLD BUSINESS REQUEST OF MRS. JAMES ORR,SNOWBERRY LANE, ORINDA, FOR DRIVEWAY REPAIR Continued to October 2, 1969. GREEN STREET SEWERS, MARTINEZ Mr. Horstkotte, General Manager-Chief Engineer, stated that a doctor's office was built over a sewer line on Green Street in Martinez and the District has inherited the problem. Mr. Horstkotte requested authorization to prepare plans and specifications to relocate the sewer on a rebate basis. After discussion, it was moved by Member Allan, seconded by Member Rustigian, that the preparation of plans and specifications for Green Street sewers in Martinez be authorized. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Allan and Mitchell None Gibbs VII. NEW BUSINESS CORRESPONDENCE FROM C. C. RICH, CHAIRMAN OF 1969 UNITED BAY AREA CRUSADE CAMPAIGN FOR SPECIAL DISTRICTS IN CONTRA COSTA COUNTY No action by Board Members. ACCEPTANCE OF EASEMENTS It was moved by Member Boneysteele, seconded by Member Rustigian, that easements from Russell Bruzzone, Inc., Randolph Roeger, Richard Haward, John Hagopian, Edward H. French, Southern Pacific Company and Clifford Bowman be accepted and their recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Allan and Mitchell None Gibbs QUIT CLAIM DEED TO CHARLES K. HOGLE, MAIN TRUNK IV. 1530 DISTRICT SEWERING PROJECT Mr. Horstkotte, General Manager-Chief Engineer, explained that the sewer in this easement was relocated. It was moved by Member Rustigian, seconded by Member Boneysteele, that the President and Secretary be authorized to execute the Quit Claim Deed to Charles K. Hogle, Main Trunk IV, District Sewering Project 1530. Carried by the following vote: 09 18 69 AYES: NOES: ABSENT: Members: Members: Members: 7d Boneysteele, Rustigian, Allan and Mitchell None Gibbs CLAIM FOR DAMAGES, E. W. BLAKE, $1,514.30 Mr. Horstkotte, General Manager-Chief Engineer, reported that the E. W. Blake claim resulting from sewer backing up and overflowing in his home was settled by Fireman's Fund Insurance, and they have made demand on the District for the $1,000.00, the deductible amount under the District's insurance policy. It was moved by Member Allan, seconded by Member Boneysteele, that $1,000.00 be paid to Fireman's Fund, the deductible amount stipulated in the District's insurance policy, resulting from settlement of the E. W. Blake claim in the sum of $1,514.30. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Allan and Mitchell None Gibbs INVOICES OF JOHN A. BORN Condemnations: LID 47-7, Parcell, Lieber, $268.60 LID 52-3, Parcell, Cockerton, $250.00 It was moved by Member Allan, seconded by Member Rustigian, that $268.60 be paid for condemnation work on LID 47-1, Parcell, and $250.00 be paid for condemnation work on LID 52-3, Parcell, to John A. Bohn. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Allan and Mitchell None Gibbs QUIT CLAIM DEEDS TO PACIFIC GAS AND ELECTRIC COMPANY AND SHELL OIL COMPANY Mr. Horstkotte, Engineer for Local Improvement District No. 50, reported that the Quit Claim Deeds are the result of relocations. It was moved by Member Rustigian, seconded by Member Allan, that the President and Secretary be authorized to execute the Quit Claim Deeds to Pacific Gas and Electric Company and Shell Oil Company, Local Improvement District No. 50. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: MATTERS FROM THE FLOOR Boneysteele, Rustigian, Allan and Mitchell None Gibbs EXPENSES FOR CALIFORNIA SANITARY & SANITATION DISTRICTS ASSOCIATION MEET- ING IN SAN FRANCISCO SEPTEMBER 25 TO 28,1969 It was moved by Member Allan, seconded by Member Rustigian, that each Board Member, Mr. Horstkotte, Mr. Bohn and Mr. Carniato be paid $45.00 for expenses plus $10.00 registration fee, a total of $55.00, for attendance at the California Sanitary & Sanitation Districts Association meeting in San Francisco September 25 to 28,1969. Carried by the following vote: AYES: NOES: ABSENT: COMMITTEES None. Members: Members: Members: Boneysteele, Rustigian, Allan and Mitchell None Gibbs VIII. REPORTS 09 18 69 ... r~ ; ..." '..' ,,-. GENERAL MANAGER-CHIEF ENGINEER CANNERY IN MARTINEZ Mr. Horstkotte, General Manager-Chief Engineer, reported a problem that had occurred and had subsequently been corrected during the installation of force mains from the Martinez Treatment Plant adjacent to the Martinez Cannery. COUNSEL FOR THE DISTRICT LITIGATION RE SAN RAMON SCHOOL DISTRICT SEWERS Mr. Bohn, Counsel for the District, stated that the contractor installing sewers at San Ramon met State specifications and has refused to meet higher District standards. Mr. Bohn requested authority to litigate the matter. He also stated he would submit legislation for the Association to sponsor. It was moved by Member Boneysteele, seconded by Member Allan, that Mr. Bohn, Counsel for the District, be authorized to proceed with litigation rela- tive to the San Ramon School District meeting District specifications in the installation of sewers. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Allan and Mitchell None Gibbs JOHNSON LITIGATION, LOS ANGELES Mr. Bohn discussed with the Board Members litigation going on in Los Angeles over Johnson, Local Improvement District No. 44, work. He stated that the District was not involved except to furnish information. He requested that the District advance expenses for anyone from the District who might have to testify, which would be subject to reimbursement. It was moved by Member Allan, seconded by Member Boneysteele, that the District advance expenses for District employees required to testify in Los Angeles at the Johnson, Local Improvement District No. 44, trial, subject to reimbursement. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Allan and Mitchell None Gibbs GARBAGE COLLECTOR WITHOUT FRANCHISE Mr. Bohn reported a Mr. Walter making garbage collections in the Alamo area without franchise. He requested authority to file an injunction to halt collection. It was moved by Member Rustigian, seconded by Member Allan, that Mr. Bohn be authorized to file an injunction to halt Mr. Walters from making garbage collections in the District without franchise. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Allan and Mitchell None Gibbs INVOICE OF MR. BOHN FOR $750.00 FOR EXPENSES IN THE DR. OAKES, LOCAL IMPROVEMENT DISTRICT NO. 47, EASEMENT LITIGATION After discussion, it was moved by Member Allan, seconded by Member Boneysteele, that Mr. Bohn be paid $750.00 expenses for the Dr. Oakes, Local Improvement District No. 47, easement litigation. Carried by the following vote: AYES: NOES: ABSENT: 09 Members: Members: Members: 18 Boneysteele, Rustigian, Allan and Mitchell None Gibbs 69 ~~ IX. ADJOURNMENT At 10:45 o'clock P.M., the meeting was adjourned by President Pro Tem Mitchell to October 2, 1969. J! ~~~(_~¿idr.il PresiJent Pr9--~"Í'em of the District Eoard of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: ,/~¿/ )~ ) "--~'::;::' k ~ ' 6 - ¿ - Secret ~the Distrlct Board of the Central Contrà Costa Sanitary District of Contra Costa County, State of California 09 18 69