HomeMy WebLinkAboutBOARD MINUTES 07-03-58
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MINUTES OF r\ REGULAR MEETING
OF 111£ DISTRICT BOARD
CE:~'lRAL CONTRA COSTA SA~ITARY DIS'lRICT
HELD JULY 3,1958
The District Board of ~entral Contra Costa Sanitary Dist~i~t convened in
a Regular Session at its regular place of meeting locat~rl at 1250 Springbrook
Road, Walnut Creek, County of Contra Costa, Stat~ ü{California, on Jul~. 3,
1958, at 8:00 o'clock P.M.
The ì1le~ting wa:> call.ad t.) order by President Fisher.
I.
ROLL CALL
PRESENT:
Members:
Mitchell, Roemer, Salfingcre and Fisher
ABSENT:
Member:
Spiegl
II.
APPROVAL OF MI~1JT£S
The Minutes of the ,ne~ting of June 19, 1958, were approv~d as pres~l1têd.
III.
APPROVAL OF BILLS
It was moved by Member Mitchell, secolld~d by Member Roe¡;¡~r, that the bills
as audit,::!d by the Auditing Committee and as sabmitt~d by the District Manager
be approved, reference being specifically made to Sewet' Construction Vouchus
NuU1b~rs 141 t(') 155, inclusiv~, and Running Expense Vouchers Numbers 1790 to.
1934, inc1usiv~. Carried b}' the following vot¿:
AYES:
NOES:
ABSENT:
Members: Mitchell, Roemer, Salfinger,e and Fisher
Members: 'None
Memb~r: Spiegl
IV.
HEARINGS
LOCAL D1FROVEME.',T DISTRICT NO. 36 ASSESSMENTS .t\¡~D VJORK
President Fisher ope:aed the Hearing on Local Impr..:-vement Dist rict No. 36
Asses,:;:nent.5 and work and asked f;,To written protests, whi<".h were as foll'Jws:
Assessment No. 36-6-7, J. P. Brannon
Mr. Ja¡¡le~ Ring, attorney representing Mr. Brannon, presented plans,
pi,:tures, and a letter dated June. 26, 1958, from the COU!11:y Flood Control
est1'\blishing minimum require¡;¡;,;:nts for drainage through the property. ~Ir.
pointed out that providing for drainage as required by the County Flood
Control District wou1:i not allow the nu:'1ber of sites ou the land as it is
presently assess~j.
Ring
Mr.. Ho rstkott<~, Engineer for local Improvement Dist rict No. 36, stated
that he had seen the Flood Control District's l~tter for the first time at
thi~ lilecting and :it was a possibili ty that, "u the basis of the letter, this
\vollJ.j 1;"estr Ü:t the division of the property inb five builjing sites.
Coritinued to the meeting of July 17, lQ58, for further invzstigation by
Mr. Horst;{Otte and the Boar,j.
\
Member Spiegl arrived at 8:08 ot:lock P.M. during the foregoing 11s-
C'ISS 1;\11.
Assessment No. 36-5-6, Fred W. Higgiâs
Mr. Higgins stated that he had 'be¿n given inform<ttLm that certain p!".o-
pi? rties had rec;?ived low assessment:5.
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Mr. Ho,rstl;:otte shted that the Higgins propet't~. was assess.(?d one òJnit.
Mr. Horst.:wtte gave Mr. Higgins the amounts' of the assessments he questioned
after which Mr. Higgins stated he had previously been misinfor\1l~d.
It was mov~d b~' Member Mitchell, seconded by Memb,:!r Roemer, that the
protest of M~. Higgins, Assessment Parcel No. 36-5-6 be denied. Carried by
the following vote:
AYES:
NOES:
ABSE':T:
Membe 1;5:
Members:
Members:
Mit,~hell. Roeuler, Salfingere, Spieg1 aurl Fisher
None
None
Assessment No. 36-5-17, W. M. Malott
Mr. Malott was not present. His letter protested five units of assess-
ment and stat:.-d that four would be more equitab1.=.
After an explanation from Mr. Horstkotte, Engineer for Local Improvement
Distri~t No. 36, it was moved by Member Spieg1, seconded by Member Roemer,
that the protest of Mr. W. M. Malott, Assessment Parcel No. 36-5-17 be denied.
Carried by the following vote: .
AYES:
NOES:
ABSENT:
Membe rs :
Members:
Members:
Mitchell, Roemer, Salfingere, Spieg1 and Fisher
None
None
Assessment No. 36-8-4, Anna L. Martin
Anna L. Martin was not present. Her letter protested the low assessment
of her 'neighbor and work that had not been completed.
Mr. Horstkotte, Engineer for Local Improvement District No. 36, stated
that the work had be~n completed to his satisfaction and explained the 1/4
unit of assessment for Parcel No. 36-8-3, Larrabee, to Which Mrs. Martin
referred.
It was moved by Member Roemer, seconded by Member Salfingere, that the
prot~st of &1I1a L. Martin as to the work be denied, Carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Roemer, Salfinger¿, Spi~gl and, Fisher.
None
None
Assessment No. 36-8-3, Henry Larrabee
The District Board instructed that the owners of Parcel No. 36-8-3
(Larrabee) be notified that it is the intention of the Board, at the July 17,
1958, meeting, to increase their assessment from 1/4 unit tc 3/4 unit.
Assessments Nos. 36-8-ó and 36-8-7, Francis C. and Audria M. Cline
Mrs.-Cline protested the amount of the assessments due to the restrictive
use of their properties. Access to a portion of the property is only by
temporary use of the Canal road six months of the year and the requirements
of the Flood Control District in providing for drainage of the area. Mrs.
Cline stated that the Flood _Control will no longer permit homes to be built
over drainage culverts.
Mr. Horstkotte, Engineer for Local Improvement District No. 36, stated
.that he did not consider drainage problems for a reduction of assessment; he
said there were three properties in similar circumstances.
Continued to the meeting of July 17, 1958, and Mr. Horstkotte was in-
struct~d to check with the Flood Control District relative to drainage areas
and the effect upon the properties.
Assessment No. 36-9-12, George W. Green
Mr. Green protested more than one assessment, stating that his home was
built in the middle of the property.
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03
58
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It was explained to Mr. Green that his was the mst frequent type of
protest, that the assessments were against the land, and the location of the
improvements was not considered.
It was moved by Member Spiegl, seconded by Member Salfingere, that the
protest of Mr. Green, Assessment Parcel No. 36-9-12 be denied. Carried by
the following vote: .
AYES:
NOES :
ABSEl':T:
M¿mbers:
Members:
Members:
Mitchell, Roemer, Salfing~re, Spiegl and Fisher
None
None
Assessment No. 36-10-3, M. F. Koge1schatz
Mr. Koge1schatz protested the assessm,~nt as being high in relation t(,
th::: assessments on two adjoining parcels and said that Boyd Road was to be
extended and a portion of his pr()perty taken.
After an explanation of Mr. Koge1schatz' assessment in relation to other
properties and a statement from Mé:'!11ber Mitchell that the County would have
to comp~nsate him for the land taken including the assessment, it was moved
by Member Mitchell, seconded by M.:!mber Spi-.~gl, tha t the protest of Mr.
Kog~lschatz. Assessment Parcel No. 36-10-3, be denied. Carried b~' the
f allowing vote:
AYES:
NOES:
ABS£~IT :
Members:
Members:
Members:
Mitchell, Roemt:.'r, Salfinger.!:!, Spiegl and Fisher
None
None
Assessment No. 36-13-2, J. H. Scaglione
Mr. Scaglione's ietter reported that a portion of the assessed property
had been sold but the remaining parcel was n.)t a buildable site.
Mr. Scaglione asked that the letter b~ v:ithdrawn.
Mr. Horstkotte stated th~re would be no change in the as5essment.
Assessment No. 36-14-2, C. R. Corts~n
Mr. Cortsen protested that the paving on his prop(?rty was not restored
properly and that a culvert needed restoration.
Mr. Horstkotte, Engineer for Local Improvement District N:). 36, stated
that h(~ was satisfied that the surfa:e was equivalent to that which existed
prior to construction and was investigating the culvert replacement.
Continued to the meeting of July 17, 1958.
Ass~ssment No. 36-16-13, Frank W. Ladd and Hiram D. Hall
Mr. Ladd protested the assessment du~ to the use of the property as a
country club area with limited home building area.
After discussion and it was pointed out to Mr. Ladd that the land use permit
could be given up and the land us~d for home building, it was moved by Member
Spiegl,. seconded b~' Member Mitchell, that the prot<:?st of Messrs. Ladd and Hall,
Assessment Parcel No. 36-16-13, be denied. Carried by the following vote:
AYES:
NOES:
ABSENT :'
Members:
Mel1lbe r:
Members:
Mitchell, Roe~er, Spi~gl and Fisher
Salfingere
None
Ther,= being no other written protests, Pr~sidênt Fisher asked for oral
protests.
Assessment No. 36-13-1, David Boling
Mr. John For:le, attcrn~y rep.resenting Mr. Boling, Assessment Parcel
No. 36-13-1, stated that the parcel was not a building site and should not
have been ass~5s,~d. Mr~' Forde stated that M.r. Boling was out of town and
a written protest was on its way. ' .
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Continued to the meeting of July 17, 19?8, and Mr. Horstkotte was
instructed to check the assessment.
Assessment No. 36-6-1, John Ostrander
Mr. Ostrander protested two units of assessment, s~ating he did n~t pave
sufficient .frontage.
. After explaining to Mr. Ostrander that the assessments were based pn two
units including a front and rear parcel, it was moved by Member Sa1fingere,
seconded by Member Spieg1, that the protest of Mr. Ostrander, Assessment
Parcel No. 36-6-1, be denied. Carried by the following vote:
I
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchel¡, Roemer, Salfingere, Spieg1 and Fisher
None
None
~ssessment No. 36-4-5, Beverly Fehliman
Mrs. Fehliman stated their property was. already connected to the sewer
in Boyd Road.
After an explanation that the property was assessed for the work serving
the property in Local Improvement District No. 36 and had not been ass~ssed
in another Improvement District, it .was moved by M~mber Roemer, seconded by
Member Spiegl, that the protest of Mrs. Pehliman, Assessment Parcel No. 36-4-5,
be denied. Carried by the following vote:
AY~S:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Roemer, Salfingere, Spiegl and Fisher
None
None
Assessment No. 36-6-38, Antonio Turrin
I
Mr. Turrin asked the number of units assessed on Parcel No. 36-6-38
and, when informed, he presented a subdivision map. ready to be filed with
the County which showed a fewer number of lots.
. Continued to the meeting of July 17, 1958, for review by Mr~ Horstkotte
and the Board.
Assessment No. 36-6-32, Mrs. W. J. Anderson
Mrs. Anderson questioned the assessment on her prop~rty and dis~overed
that she had been misinformed and had not received a not~ce of ass~ssment on
a small parcel that was sold on a Contract of Sale which was assessed separately
(Assessment No. 36-6-33). She protested the amount of assessment on Parcel
No. 36-6-32.
It was moved by Membèr Mitchell, second~d by Member Roemer, that the
protest of Mrs. Anderson be denied. Carried by the' following vote:
AYES:
NOES :
ABSENT:
Members:
Members:
Members:
Mitchell, Roemer, Salfingere, Spiegl and Fisher
None
None
President Fisher directed the Secretary to write to Mrs. Anderson and
clarify for her the Assessments on Parcels ~os. 36-6-32 and 36-6-33.
I
There being no further protests, it was moved by Memb~r Spiegl, seconded
by Member Salfingere, that the Hearing on protests for Local Improvement
District No. 36 Assessments be closed except for those matters continued to
the meeting of July 17,1958, for final determination. Carried by~the
following vote:
AYES: . Members:
NOES: Membe rs :
ABSENT: Members:
Mitchell, Roemer, Salfingere, Spjeg1 and Fisher
None
None
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58
238
V.
OLD BUSINESS
HOOPER LEASE RFl'JEWAL I OXIDATION PONDS PROPERTY
Mr. Horstkotte, District Manager, reported that he had written a letter
to C. A. Hooper and Co. stating that the lease would be continued starting
September 1, 1958, but it was expected the land would be abandoned during
the year and requesting that C. A. Hooper and Co. accept $750.00 of the
$1,500.00 annual lease payment to cover a period of six months with a final
settlement to be prorated if the land is used beyond the six month period.
UTILITY AGREEMENT: WITH OTHER PUBLIC AGENCIES
I
Continued to the meeting of July 17, 1958.
1958-1959 BUDGET
Continued to the meeting of July 17, 1958.
NEW BUSINESS
VI.
PLANS AND SPECIFICATIONS FOR TRUNK SEWER D-16, K-3a, and R-3 (CHARLES HILL LINE)
Mr. Horstkotte, District Manager,' presented plans, specifications, and
a cost estimate of $207,264.50, and requested authorization to call for bids.
It was moved by Member Mitchell:, seconded by Member Roemer, that bids be called
for the work as covered by the plans and specifications for Trunk Lines D-16, K-3a,
and R-3, Charles Hill, and Sewer Construction Bond Funds be authorized.. Carried
by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Roemer, Salfingere, Spieg1 and Fisher
None
None
QUIT CLAIM DEED TO ROBERT W. HUGHES
,
I
It was moved by Member Spiegl, seconded by Member Roemer, that the
President and. Secretary be authorized to execute the Quit Claim Deed to Mr.
Robert W. Hughes, giving up the District's rights to the sewer reserve estab-
lished in Lot 71, Moraga Manor subdivision. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Roemer, Salfingere, Spieg1 and Fisher
None .
None
ACCEPTANCE OF EASEMENTS
It was moved by Member Spiegl; seconded by Member Mitchell,. that easements
from Kenneth J. Miorana, Albert C. Hubbard, Charles P. Hamilton, M. H. Stanley,
Andrew J. Goulart, and Daniel P. Halstead be accepted and thei~ recording
ordered. Carried by the following vote:
AYES:
NOES:
ABSENT:
.'
Members:
Members:
ME!m be rs :
Mitchell, Roemer, Salfingere, Spiegl and Fisher
None
None
BOARD MEMBERS ELECTION
RESOLUTION NO. 1124, CALLING FOR ELECTION OF BOARD MEMBERS ON SEPTEMBER 10,
1958, AND ESTABLISHING POLLING PLACES .
I
It was moved by Member Salfingere, seconded -by Member Roemer, that Resolutionc
No. 1124 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Roemer,' Salfingere, Spiegl and Fisher
None
None
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58
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VII.
REPORTS
DISTRICT MANAGER
PURCHASE OF TRUCK WITH COMPRESSOR AND WINCH
Mr. Horstkotte, District Manager, requested authority to pay $500.00 for
the cost of a truck with compressor and winch under the Civ3..1 Defense agree-
ment, to be kept in the District's possession subject to call.
Jt was moved t-.y Member Spieg1, seconded by Member Sal(ingere, that
$500.00 be authorized to cover. the cost of a truck with compressor and winch
under the agreement with the department cf Civil Defense. Carried by the
following vot,~:
A YES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Roemer, Salfingere, Spieg1 and Fisher
None
None
SURPLUS EQUIPMENT
Mr. Horstkotte, District Manager, reported on a trip to the San Leandro
surplus yard of the Civil Defense Administration.
RAT INFESTATION IN CON1RA COSTA CŒJNTY
Mr. Horstkotte, District Manager, reported on a request from the County
Administrator for the District's cooperation in getting rid of the rats wh:.ch
Hre infesting the County.
~'iNEXATION TERMS I RANCHO EL RIO AREA
It was moved by ~Iember Sa1fingere, seconded by Member Spiegl, that terms
for annexing the Rancho E1 Rio area propertv be $191.00 per acre plus cost of
processing. Carried by the following vote:
AYES:
NOES:
ABSENT:
Membt'I"s:
Members:
Members:
Mitchell, Roemer, Sa1fingere, Spiegl and Fisher
None
None
CARETAIŒR
Mr. Horstkott<::, District Manager, reportèd that Mr. Peters, the temporary
Caretaker, quit and he was enga¡;illg someone else until Mr. Fansler, on leave
of absence, returns on August 4, 1958.
GENERAL CONTRACTORS ASSOCIATION
Mr. Horstkotte, District Manager, reported he had received a letter from
the General Contractors Association setting forth the questions they wished
answered regarding the operation of the District. He stated he was preparing
a reply.
COUNSEL FOR THE DISTRICT
HARRIET STREET BRIDGE LITIGATION
Mr. Nejedly, Counsel for the District, reported on the status of the
Harriet Street Bridge suit with the County.
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VIII.
ADJOURNMENT
At 11:15 o'clock P.M., the meeting was adjou:rnec1 by President Fisher to
Thu:t:~dar, July 10, 1958, a Special Meeting to diSCtt~S the matter of legal
Counsel for the Distri<:"t.
0
Sanitery District of
C~1ifurnla
CCJtTl'~TE.RS IGNE.D:
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~{';l :;:'l'U 'I of the District Board of
Central Contra Costa Sanitary District of
Contra Costa County, Stat~ of California
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