HomeMy WebLinkAboutBOARD MINUTES 11-14-57
. i-':>
1 .'" "'..,
MINUTES OF AN ADJOURNED REGULAR MEETING
OF TIlE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD NOVEMBER 14, 1957
The District Board of Central Contra Costa Sanitary Dlstrict 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 November 14,1957, at 8:00 o'èlock P.M.
The meeting was called to order by President Fisher.
1.
ROLL CALL
PRESENT:
Members:
Mitchell, Spiegl and Fisher
ABSENT:
Members:
Roemer and Salfingere
II.
APPROVAL OF MINUTES
It was moved by Member Mitchell, seconded by Member Spiegl, that the
Minutes of the meetings of October 17, 1957, and November 7, 1957, be
approved as presented. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Spiegl and Fisher
None
Roemer and Salfingere
.111 .
APPROVAL OF BILLS
It was moved by Member Spiegl, seconded by Member Mitchell, 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 41 to 54, inclusive, and Running Expense Vouchers Numbers
581 to 723, inclusive. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Spiegl and Fisher
None
Roemer and Salfingere
IV.
HEARINGS
CONTINUED HEARING, LOCAL IMPROVEMENT DISTRICT NO. 34 ASSESSMENTS
President Fisher asked that the written protests be read.
Written protests noted in the Minutes of the meeting of November 7, 1957,
were read.
President Fisher asked Member Spiegl to report on the field' investigation
of the assessments.
Member Spiegl reported that he, Member Mitchell, Mr. Horstkotte, and Mr.
Dalton had reviewed all of the assessments in the field, stating that, after
going over the entire area, the protests, with minor exceptions, fell into
two categories: 1. Was the method of assessing i units for properties
without immediate service to sewers equitable? 2. Whether or not consideration
should be given to the character of improvement in an area for properties
which might be considered as more than one building site?
Member Spiegl suggested that the Board determine a policy for Local
Improvement District No. 34 relative to the two categories.
President Fisher asked for comments from the floor.
Mr. Mannon, resident of the area, stated that, being an attorney, he had
been asked to represent a 'group of twelve or thirteen property owners.
Mr. Mannon said that they understood that after the Board's review
certain changes in assessments were being considered, and presented the
11
14
57
1:,")3
following list of properties which his group believed should be reviewed
with the thought of additional assessment:
Assessment
Number
Owner
34-3-2
34- 3-4
34-5-3
34-8-l
34-9-2
34-9-12
34-10-8
34-5-2
34-8-8
34-6-1
34-7-4
34-7-8
34-10-5
34-11-1
34-12-1
34-14-1
Walker
Orr
Wylie
Lueck
Macomber
Epperson
Hays
Hainlin
Borden
Cline
Bow ron
Ortland
Norton
Hurd
Miller
Gardiner
Mr. Tess suggested a review of the assessment on the Spott property,
#34-7-1.
Mr. Orr questioned whether he had over two acres; it was determined that
he did.
Mr. Walker stated that 20 feet on two sides of his property had been
deeded to the County for road pruposes; it was shown that the property still
contained over two acres.
Mr. Pruden protested the i assessment unit for properties without immediate
service, stating that to be equitable the assessment should be higher.
Mr. Benny stated that he felt noprpperty should escape assessment because
there is an over-all benefit to the area which should be considered.
Member Spiegl asked Mr. Benny if this would apply to a parcel that could
not be a building site.
Mr. Benny replied that it would have to be a building site.
. Mr. Barrows said that Mr. Benny's statement was a personal opinion and
not representative of the group.
President Fisher asked Mr. Horstkotte, Engineer for Local Improvement
District No. 34, to explain his reasons for the assessments on the properties
in question.
Mr. Horstkotte reviewed each property assessment questioned.
Mr. Horstkotte, referring to Mr. Tess' letter relative to his statement
that the inclusion of the 62-acre Gardiner property and the properties on El
Gavilan being a burden on the remainder of the Improvement District, presented
figures to show that the assessments on those properties were in excess of the
cost of this work together with their share of incidental expenses.
Mr. Tess stated that Mr. Horstkotte's explanation satisfied him and
withdrew his protest relative to this matter.
Mr. Gloy, owner of assessment parcel #34-15-8 protested his assessment.
Mrs. Bowron asked whether her property could be served without obtaining
an easement through other property.
Mr. Horstkotte replied that the Bowron property has immediate service.
Mr. Mannon questioned the assessment on the 62-acre Gardiner property.
]~ 1
14
:;;7
.~ ¡- ,.l'
.t. ~.;l
It was pointed out that the Gardiner property had adverse grade in certain
areas and would derive no benefit from the line installed across the property.
Member Mitchell explained that the boundaries of an Improvement District,
when originally 'laid out, are not necessarily determined from the benefit to
the entire property, that benefit is determined after lines have been installed
and large properties, such as the Gardiner parcel, are included for descriptive
reasons.
Member Mitchell stated that he was in agreement with the policy of taking
into consideration the character of development in an area except when a
property has not been fully developed and could be further divided.
It was moved by Member Spiegl, secondeñ by Member Mitchell, that, as a
policy matter for Local Improvement District No. 34, the character of development
in an area would be disregarded and the land in its present physical condition'
would be considered. Carried by the following vote:
AYES:
NOES :
ABSENT:
Membe rs :
Members:
Members:
Mitchell, Spiegl and Fisher
None
Roemer and Salfingere
It was moved by Member Mitchell, seconded by Member Spiegl, that partial
assessments be revalued from * to ! units for those properties removed from the
sewer line and having gravity service; properties not having gravity service
to be considered individually. Carried by the following vote:
AYES: Members:
NOES: Members:
ABSENT:. Members:
Mitchell, Spiegl and Fisher
None
Roemer and Salfingere
ACTION ON PROTESTS
Mr. Wylie, Assessment Parcel #34-5-3
It was moved by Member Mitchell, seconded by Member Spiegl, that the
protest of Mr. Wylie be denied.' Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Membe rs:
Mitchell, Spiegl and Fisher
None
Roemer and Salfingere
Mr. Christian, Assessment Parcel #34-6-10
It was moved by Member Mitchell, seconded by Member Spiegl, that the
protest of Mr. Christian be denied. Carried by the following vote:
AYES:
NOES :
ABSENT:
Peti tion
Membe rs :
Members:
Members:
Mitchell, Spieg1 and Fisher
None
Roemer and Salfingere
It was moved by Member Spiegl, seconded by Member Mitchell, that the
protest Petition signed by Burton F. Barrows, A. A. Knudsen, R. L. 'Christian,
E. H. Burkett, Bradlee Pruden, Latham C. Eastman, Helene Klement, R. Steiner,
Dana G. Leavitt, John B. Barchfield, E. A. Bonfield, P. W. Kohlhaas, E. A.
Shurtleff, George J. Culp, Reed H. Chase, and Samuel W. Scott be granted in
that part which conforms to the policy matters previously established and
denied on the balance of the protest. Carried by the following vote~
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Spieg1 and Fisher
None
Roemer and Salfingere
Mr. Gloy, Assessment Parcel #34-15-8
It was moved by Member Mitchell, seconded by Member Spiegl, that the
Gloy Assessment Parcel #34-15-8 be reduced from two únits of assessment to
one unit. Carried by the following vote:
A YES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Spiegl and Fisher
None
Roemer and Salfingere
11
14
51
Mrs. Selbach, Assessment Parcel #34-13-5
.It was moved by Member Spiegl, seconded by Member Mitchell, that Mrs.
Selbach's request for two units of assessment on Parcel #34-l3-5 be granted.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Spiegl and Fisher
None
Roemer and Salfingere
It was moved by Member Spiegl, seconded by Member Mitchell, that all
other protests be denied except those that conform to the two policy matters
previously adopted. Carried by the following vote:
A YES:
NOES :
ABSENT:
Members:
Me'mbers:
Members:
Mitchell, Spiegl and Fisher
None
Roemer and Salfingere
Mr. Sp6tt, Assessment Parcel #34-7-1
After a statement from Mr. Horstkotte regarding the cost of a pump to
serve the Spott parcel, it was moved by Member Mitchell, seconded by Member
Spiegl, that the protest of Mr. Spott be denied and that the i unit of
assessment remain unchanged. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Spiegl and Fisher
None
Roemer and Salfingere
The claims of,Mr. Norton, Assessment Parcel #34-10-5, and Mr. Barchfield,
Assessment Parcel #34-10-1, were discussed.
After discussion and with the agreement of John H. McCosker, contractor
for the work, it was moved by Member Spiegl, seconded by Member Mitchell, that
the Norton and Barchfield claims be denied contingent upon Mr. McCosker's
depositing with the District $2,000.00 in cash or a bond equivalent thereto;
the settlement terms being entirely within the determination of the District
Manager and District Board either as compensation for damage or repairs
thereto. Carried by the following vote:
AYES:
NOES: .
ABSENT:
Membe rs :
Members:
Members':
Mitchell, Spiegl and Fisher
None
Roemer and Salfingere
Mrs. Hughes Assessment Parcel #34-8-2
Mrs. Hughes stated that she was satisfied relative to the restoration of
her property.
REVIEW BY MR. HORSTKOTTE OF THE QUESTIONED ASSESSMENTS IN. CONFORMANCE
WI'nI THE TWO POLICY MATTERS PREVIOUSLY ESTABLISHED
Mr. Walker, Assessment Parcel #34-3-2
From one unit to two assessment units.
Mr. Orr, Assessment Parcel #34-3~4
From one unit to two assessment units.
Mr. Lueck, Assessment Parcel #34-8-1 '
No change; one unit.
Mr. Wylie, Assessment Parcel #34-5-3
From * unit to ! assessment unit.
Mr. Macomber, Assessment Parcel #34-9-2
No change; one unit.
11
14
k:"" 'f'I'l
,,), 6.
'ì: fI'
(}o"l'l
..' -. ..
Mr. Epperson, Assessment Parcel #34-9-12
No change; one unit.
Mr. Hays, Assessment Parcel #34-10-8
Prom I! units to two assessment units.
Mr. Hainlin, Assessment Parcel #34-5-2
From i unit to one assessment unit.
Mr. Borden, Assessment Parcel #34-8-8
No change; two units'.
Mr. Cline, Assessment Parcel #34-6-1
From Ii units to l! assessment units.
Mr. Bowron, Assessment Parcel #34-7-4
From Ii units to I! assessment units.
Mr. Ortland, Assessment Parcel #34-7-8
Prom two units to three assessment units.
Mr. Norton, Assessment Parcel #34-10-5
No change; one unit.
Mr. Hurd, Assessment Parcel #34-ll-l
From one unit to two assessment units.
Mr. Miller, Assessment Parcel #34-12-l
From one unit to I! assessment units.
Mr. Gardiner, Assessment Parcel #34-l4-l
From ten units to twelve assessment units.
01HER CHANGES AFTER REVIEW BY MR. HORSTKOTTE IN CONFORMANCE WITH THE
PREVIOUSLY ESTABLISHED POLICIES FOR LOCAL IMPROVEMENT DISTRICT NO. 34
Mr.. Gardiner, Assessment Parcel #34-4-1
From i unit to ! assessment unit.
Mr. Gardiner, Assessment Parcel #34-4-2
From i unit to ! assessment unit.
Mr. Gardiner, Assessment Parcel #34-4-3
From i unit to ! assessment unit.
Mr. Gardiner, Assessment Parcel #34-4-~
From i unit to ! assessment unit.
Mr. Gardiner, Assessment Parcel #34-4-7
From! unit to one assessment unit.
Mr. Gardiner, Assessment Parcel #34-4-8
From i unit to ! assessment unit.
("" .r
,~ ,_..1 'c
11
14
57
.- l-?
1" )
RESOLUTION NO. 108l, OVERRULING PROTESTS AND CONFIRMING ASSESSMENT,
LOCAL IMPROVEMENT DISTRICT NO. 34
It was moved by Member Spiegl, seconded by Member Mitchell, that
Resolution No. l08l be adopted. Carried by the following vote:
AYES:
NOES :
ABSENT:
Members:
Members:
Members:
Mitchell, Spiegl and Fisher
None
Roemer and Salfingere
V.
OLD BUSINESS
DIABLO PUBLIC UTILITY DISTRICT SEWERS
Continued to meeting of December 5, 1957.
ANNEXATION PROCEDURES
It was moved by Member Spiegl, seconded by Member Mitchell, that the
procedures for annexations as submitted in the memorandum from Mr. Horstkotte,'
District Manager, and Mr. Nejedly, Counsel for the District. be approved.
, Carried by the following vote:
AYES:
NOES :
ABSENT:
Members:
Members:
Members:
Mitchell, Spiegl and Fisher
None
Roemer and Salfingere
VI.
NEW au SINESS
RESOLUTION NO. 1082, ESTABLISHING SALARIES FOR CHARLOTTE PEARSON, CLERK TYPIST,
AND WILLIAM RAMSAY, SEWER INSPECIDR
It was moved by Member Spiegl, seconded by Member Mitchell, that Resolution
No. 1082,be adopted. Carried by the.following vote:
AYES:
NOES :
ABSENT:
Members:
Members:
Members:
Mitchell, Spiegl and Fisher
None
Roemer and Salfingere .
RESOLUTION NO~ 1083, CERTIFICATION OF ELIGIBLE LIST AND.APPOINTMENT OP DAVID
G.NILES, ASSISTANT SEWAGE 11ŒATMENT SUPERINTENDENT'
It was moved by Member Mitchell, ..seconded by Member Spiegl, that Resolution
No. 1083 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Spiegl and Fisher
None
Roeme rand Salf inge re
GRANT OF TEMPORARY EASEMENT TO PACIFIC GAS & ELEC'ffiIC COMPANY OVER THE
DIS'ffiICT'S OFFICE SITE PROPERTY
It was moved by Member Mitchell, seconded by Member Spiegl, that the
President and Secretary be authorized to execute the agreement for a temporary
easement over the District's office site property to the Pacific Gas &
Eleêtric Company. Carried by the following vote:
AYES:
NOES :
ABSENT:
Members:
Members:
Members:
ACCEPTANCE OF EASEMENTS
Mitchell, Spiegl and Fisher
None
Roemer and Salfingere
It was moved by Member Mitchell, seconded by Member Spiegl, that easements
from Sam Augello.; G. Richard Johnson, Donald Priewe, Louis P. Annance,
James A. Sprague, F. C. Winklebleck, Martin Burastero, William Dukes, and
Maria M. Rocca be accepted and their recording ordered. Carried by the
following vote:
AYES:
NOES :
ABSENT: ,
Members:
Members:
Members:
Mitchell, Spiegl and Fisher
None
Roemer and Salfingere
]~ 1
14
,l57
'.tSð
VIr.
REPORTS
DISTRICT MANAGER
None.
COUNSEL FOR THE DISTRICT
None.
VIII .
ADJOURNMENT
At 11:50 o'clock P.M., the meeting was adjourned by President Fisher to
November 2l, 1957.
Pre 1dent of the Distric Board 0
Central Contra Costa Sanitary District of
Contra Costa County, State of California
COUNTERSIGNED:
c:~~;~;~;~,~~~~
Secretary of the District Board of
Central Contra Costa Sanitary District of
Contra Costa County,State of California
11
,14
57