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Home My WebLink AboutBOARD MINUTES 05-02-57 I I I 95 MINUTES Ö'F A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DIS1RICT HELD MAY 2, ~957 The District Board of Central Contra Costa Sanitary District convened in a Regular Session at its regular place of meeting located at 12~0 Springbrook Road, Walnut Creek, County of Contra Costa, State of California, on May 2, 1957, at 8:00 o'clock P.M. The meeting was called to order by President Fisher. PRESENT: ABSENT: I. ROLL CALL Members :' , , Mitchel~, Roemer, Salfingere, Spieg1 and Fishe:u Members: None II. APPROVAL OF MINUTES It was moved by Member Roemer, seconded by Member Spiegl, that the Minutes of the meeting of April 18, 1957, be approved as presented. ~arried by the following vote: AYES: NOES: ABSENT: Members:: Mitchell, Roemer, Salfingere, Spiegl and Fisher Members: None Members:: None II I. A PPID VAL OF BILLS It was moved by Member Roemer, seconded by Member Salfingere, that the bills as audited by the Auditing Committee and as submitted by the District Manager be approved, reference being specifically made to Sewer Construction Vouchers Numbers 1022 to 1042, inclusive, and Running Expense Vouchers Numbers 13,353 to l3,5l3~ inclusive. Carried by the following vote: . AYES: NOES: ABSENT: Members: Mitchell, Roemer, Salfingere, S'piegl. and' Fishe:u . Members:: None Members:' None , OPENING OF BIDS, LOCAL IMPROVEMBIIT DISTRICT NO. 39' President Fisher called for the ~pening of bids for Local Improvement District No. 39, which were as follows:: , , Martin Bros., Inc. Manuel Sniith Edwin J. Tobin McGuire and ,Hester M.G.M. Constru~tion Co. Paul W. Wasson $11 ,'933.60 12,199.00 12,579.50 14,.416.35, 14,788.20 lL9, 924.00 RESOLUTION NO. 1026, AWARD OF CON1RACT, LOCAL IMPROVEMENT DISTRICT NO. 39) , It was moved by Member Mitchell, seconded by Member Roemer, that Resolution, , No.. 10:26 be adopted, awarding contract for Local Improvement District ,No. 39 sewers to Martin Bros., Inc. on their low bid of $11,933.60. Carried by the following vote:: AYES: NOES: ABSENT: None. Members: Members: Members: Mitchell, Roemer, Salfingere, Spieg1 and Fisher None None IV. HEAR INGS 05 -02 5',7,', 96 v. OLD BUSINESS 1REA1MFNT PLANT ENLARGEMENT OON1RACT President Fisher asked Mr. Nejedly, Gounse1 for the District, to report on the reported errors claimed by Williams & Burrows in their bid for the Treatment Plant Enlargement. Mr. Nejedly stated that each Director had received a general statement from him setting'forth the details and opinion. Mr. Nejed1y reviewed each claimed error set forth in his general statement to the Directors. I Mr. Nejedly stated that he went immediately to the office of Williams & Burrows following the meeting of April 18, 1957, to check on the errors as set, forth in his general statement to the Ðirectors. Mr. Burrows presented the work sheets showing the manner in which the bid figures were compiled and explained certain last minute changes resulting in omissions and incorrect entries. Members of the Board expressed their desire to work out the problem with Williams & Burrows, explaining that it was public funds which were involved and that it was a matter of law to settle certain claims which some of the Directors might question as not being within their power to allow. It was suggested that the contract be entered into anti the claims: be settled by court action. Mr. Berryman, Attorney for Williams,& Burrows, stated that he would have to recommend to his people that they would be ~n a hazardous position in such a case. Members of the Board then suggested that a s~parate agreement be worked out so as not to foreclose the right of Williams & Burrows to l~tigate the ~laimed e'rror'S .' I Mr. Berryman and Mr. Burrows felt that this had possibilities and were willing to consider. After further discussion, it was moved by Member Spiegl, seconded by Member Mitchell, that Williams & Burrows be extended the opportunity to enter' into 'the contract with a separate agreemeat that would not waive their rights to include additional amounts and reform the contract. Carried by the following vote: AYES :: NOES: ABSENT: Membe r s : Members: Members :' Mitchell, Roemer, Salfingere, Spiegl and None None " Fisher Mr. Burrows agreed to the extension of time for the 'execution of the contract until after the next meeting and Mr. Berryman and Mr. Nejed1y would try to work out a separate agreement as to the clåimed errors. Continued to May 9, 1957. REQUEST FOR RELIEF FROM LOCAL IMPROVEMENT DISIRICT NO. 30 ASSESSMENT, VEDA V. WAYNE Mrs. Wayne again protested assessment in Local Improvement District No~ 30. , . Mrs. Wayne was informed that no conclusive evidence was shown that the parcel of land could not be built upon. I BROWN AN D CALDWELL AGRElM m:r Continued to the next meeting. RESOLUTION NO. 1~27, ESTABLISHING CIVIL SERVICE CLASSIFICATION FOR ASSISTANT DIS1RICT ENGINEERIStAUTHORIZATION FOR INTERVIEW It was moved by Member Spiegl, seconded by Member Roemer, that Resolution No. ,1027 be adopted. Carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Mitchell, Roemer, Salfingere, Spiegl and Fisher None None 0 5 02 5"7 !JG V. ,)I,V f;USINf::;S _.._"--,-_.. jlU~A'H,1J,?,: T PLN..!'r ENL/\'-i.GEMFN'f CDNTRACT Pr.::sjdent Pisher asked ),11'. Nejedly, Counsel for the District, to report on tilc reported errors claimed by '(villiams & BurrO\,'iS in their bid f01- 1.1ìe '.L':<:~1tj)~ent Plant Enlargement. Mr. 1\,Jè,jE:dly stated that each Direciol' had receivt::d a general ,c;t;Jte:~lent fro¡:¡ h:Î..;;-i ~etting forth the details al1rl opinion. ),11". t~ej€dly revie'.ved each (".lait~ej f'1'1:or set forHl :;.."1 iUS 2;en..:'l'a,l stél1.cment to t~e Directors. :'Jr. Nejedly stated tl:at he went immediately to the office of ivilliams & Burrows follo\dng tIle ¡;1E~eting of April 13, 195í', to chec1c ,)1, the errors ~.s set [ort1l in his ¡;;cneral 3tatement to the Directors. [.;1'. I:;urrow~:.; presented the 'l<\'or1-~ sl';eets sI'w'.ving tLe manner in which tl)€ bid figures \':ere compiled and ex~\lained certain la~t minute changes resi\!ting in omissiüílS and incorrect entries. Members of the Board expressed their desire to work out the :)roblem 1,dth \ìîlliaros &-. Burro\vs, explaining that it was public f\lnds which wer", involved ai1d that it v,.'as a n;;,tter of lav,' tc settle certain claims '.."hich some of the Directors might question as not being within their pm"er to <,,110\v. It was sugge;;ted tLat the contract be enti:'n:d intø iilld the c1<.dms ¡;.t.' s¡;;ttled by court action. Mr. Ikrl'yman, Attorney fol' ~~il1iamš & Burrol';s, stéited that lIe would Lave to reco¡;;:nend to his people that they ';lOulcl be in a hazardous Dosition in such a case. Members of the Board then sug[~ested that a separate a;;ree¡;¡en t be worked out 50 <J.S :1ot to foreclose the right of Williams .& ßu:::-rows to litigate the claimed errors. ,'.Ü:. Berryman and ~~r. Bttrro\,;s felt that tbis had possibilities and \'Íel'f:~ willing to consider. ,'\fter furtLer discussion, it \va,:; r:lUvedby ,\le;n;,-,cr Sniegl, seconded by Member ¡'Üi:cheJ.l, that vVilliams 8, B1.1ërO\\iS be extended tLe op:)ortLluity to enter into 'the contract ',d:t~1 a separate a;,;reement that would not waive their rights to incl1\de addi tj en?! amounts and reform the contr;;¡,r:t. C,u:ried b:i the following vote: AYES: :,!OES: !\B3J.Xf: Members: Members: Members: Mitchell, Roemer, Salf5,ng€rc, S:,ieg.l and None None Fisher ~!r. ßun:ows agreed to the extension of time for the execution of tile con tL~ict until ¡..fter the next meEti,:1g and t,lr. Berryman and Mr. Nejedly would try to ...,;ork ()lIt a sepa.::atc agreement as to the claimed errors.- Continued to t'lay 9, 1957. fŒYUL::)'l' H,~::: f:..E~LIbP FRG!,¡ LOC}~-_I~,I_~')P:JVB~.!'I'f DI::;TnCT NO. 30,A::ìSl!_~~,EYr, V}:D!. V. \:vAYNE ~,jrs. Wayne again protested assessment in Local Improvement Di~trict No. 30. \]1:S. \"~:1yne \\'as infolìHed that no c.:oncl.l\sivc evidence was shown that the parcel of l<1r.d (:(",111 110t he l'l1;lt 1.1non. r3'H)t,'!"! AND CAL~;vŒLL AGR}l~~ Continued to the next meetin;:;. ¡::1:S~)LCT1c)N r,'J. 1027, L)TAnLTSIHNG CIVIL 3âVICE CLA:.:ìS!FIC!-'.iTON :-;en AS.::iISTi\j\'T DI::i'1.!n cr EN-:;TNEER &'^.FT!KYI.IZATWN FOn. INT.E¡~VI.::;h It was moved by !vlel1lN:r Spiegl, seconded by Member Roemer, that Resolu tiun No. 1027 be adopted. Cc.rried by the f ollO\'liin!; vote: ,:WL-): ¡',{embers: M.i. tchell, ;(oemer, NOES: Mcmì.::ers: None l\B;:ìbNT: Members: None Ja1fingen,:, Spiegl Me! F isller 0 5 0 2 5 7 ~lc-' VI. REPORTS DISTRICT MANAGER AUTHORIZATION FOR ENTERTAINMENT EXPFNSES FOR MEETING WITH DELEGATES TO WORLD CONGRESS ON IRRIGATION AND DRAINAGE Mr. Horstkotte, District Manager, requested authorization for $300.00 to cover entertainment expenses for 75 to 100 delegates to the World Congress on Irrigation and Drainage. It was moved by Member Spiegl, seconded by Member Roemer, that $300.00 be authorized to entertain 75 to 100 delegates to the World Congress on Irrigation and Drainage. Carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Mitchell, Roemer, 'Salfingere, Spieg1 and Fisher None None COUNSEL FOR THE DISTRICT RELOCATION OF SEWERS IN COUNTY ROADS Mr. Nejedly explained the problems with the County in relocating sewers, stating that the County was going to proceed with the relocation of the Harriet Road sewers and bill the District. After discussion, it was moved by Member Spieg1, seconded by Member Roemer, that the President and Secretary be authorized to sign the necessary legal papers to restrain the County from proceeding to relocate District facilities. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Roemer, Sa1fingere, Spieg1 and Fisher None None AGREEMENT WITH HELEN FORD AND JOSEPHINE ESPINOSA Mr. Nejedly presented an agreement with Mrs. Helen Ford and Mrs. Josephine Espinosa relative to disposition of golf driving range building on Treatment Plant property. It was moved by Member Roemer, seconded by Member Salfingere, that the President and Secretary be authorized to execute the agreement with Mrs. Helen Ford and Mrs. Josephine Espinosa for disposition of the golf driving range , building on the Treatment Plant property. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Roemer, Sa1fingere, Spieg1 and Fisher None None PROPOSED BILLS SPONSORED BY CALIFORNIA SANITARY DISTRICTS' ASSOCIATION Mr. Nejedly stated that the Bills sponsored by the California Sanitary Distriéts' Association would be before the State Legislature on May 14, 1957. VII. NEW BUSINESS RESOLUTION NO. l028, APPOINTMENTS OF WALTER FOX, UTILITY MAN, AND WILLIAM H. RAMSAY, SEWER INSPECTOR It was moved by Member Roemer, seconded by Member Spieg1, that Resolution No. 1028 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Roemer, Salfingere, Spieg1 and Fisher None None AUTHORIZE $250.00 PAYMENT FOR DAMAGES TO J. E. GANNAW; LOCAL IMPROVEMENT DISTRICT NO. 33, PARCEL 13 Gontinued to next meeting. ,/'{:\ -" ,j:~ ~ ',,",,< V 02 5~? ~J8 REQUEST FOR ANNEXATION, PAUL LAUBERT, DIABLO ROAD Continued to next meeting. ACCEPTANCE OF EAS~tENTS Continued to next meeting. ACCEPTANCE OF EASEMENT FROM LLOYD W. CONROY, LOCAL IMPROVEMENT DISTRICT NO. 33, PARCEL 44 Continued to next meeting. INVESTMENT OF SURPLUS FUNDS IN SHORT TERM TREASURY NOTES, I.E. 90 DAYS, 6 MONnIS, ETC. Continued to next meeting. PETITION FOR ANNEXATION TO EAST BAY MUNICIPAL UTILITY DISTRICT, SOUTIi MORAGA PROPERTY Continued to next meeting. VIII . ADJOURNMENT At 10:40 o'clock P.M., the meeting was adjourned by President Fisher to May 9,1957. COUNTER,SIGNED: ~ -- ~ç:;?~ Secretary of the District Board of Central Contra Costa Sanitary District of Contra Costa County, State of California 05 02 57