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Home My WebLink AboutBOARD MINUTES 02-20-58 1.9-2 MINUTES OF AN ADJOURNED REGULAR MEETING. OF THE DISTRICT BOARD CEN1RAL CONTRA COSTA SANITARY DISTRICT HELD FEBRUARY 20,.1958 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 February 20,1958, at 8:DO o'clock P.M. .1 In the absence of President Fisher, the meeting was called to order by Member Mitchell. I. ROLL CALL PRESENT: Members: Roemer, Salfingere and Mitchell ABSENT: Members: Spiegl and Fisher Member Mitchell was unanimously elected President Pro Tem. II. APPROVAL OF MINUTES The Minutes of the meeting of February 6, 1958, were approved as presented. III. APPROVAL OF BILLS None. IV. HEARINGS LOCAL IMPROVEMENT DISTRICT NO. 40 ASSESSMENTS President Pro Tem Mitchell opened the Hearing on Local Improvement District No. 40 Assessments and asked for written protests. I Letter from Mr. Roscoe Jones, Jr., Attorney for Mrs. Matilda Elliott, pro- testing two units of assessment on Parce~ No: 40-4-22, was read. After an explanation from Mr. Horstkotte, Engineer for Local Improvement District No. 40, it was moved by Member Roemer, seconded by Member Salfingere,. that the protest against two units of assessment for Parcel No. 40-4-22 be denied. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Roemer, Saffingere and Mitchell None Spieg1 and Fisher Member Spieg1 arrived at 8:05 o'clock P.M. Letter from Mrs. Ellington Alton, protesting two units of assessmeat on Parcel No. 40-5-18 due to lack of direct service to the property, was read. After an explanation and statement from Mr. Horstkotte, Engineer for Local Improvement District No. 40, that this was a valid protest, it was moved by Member Roemer, seconded by Member Spiegl, that the assessment for Parcel No. 40-5-18 be reduced to 3/4 of one unit of assessment. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Membe r: Roemer, Sa1fingere, Spieg1 and Mitchell None Fisher I Letter'from Mr. Joe Foster, Parcel No. 40-B-38, protesting that lawn and hedge had not been restored and there was probable damage to a walnut tree, was read. Mr. Horstkotte, Engineer for Local Improvement District No. 40, stated that this was a valid claim and recommended that Vincent Rodrigues post a cash bond in the sum of $200.00 with the District pending settlement of the Foster claim in order not to hold up delivery of the Warrant, Assessment and Diagram~ 02 20 58 " I I I 193 It was moved by Member Salfingere, secondeq by Member Spieg1, that Vincent Rodrigues be required to post a cash bond of $200.00 with the District pending '.. settlement of the claim of Mr. Joe Foster, assessment Parcel No. 40-5-38. Carried by the following vote: AYES :' NOES: . ABSENT: Members: Members: Member: Roemer, Salfingere, Spiegl and Mitchell None Fisher 'Letter from Mr. C.-Terence Ring, Attorney for Mr. David H. Humphrey, Parcel No. 40-4-3, protesting 11* units qf assessment and suggesting that 7 units would be more equitable, was read. Mr. Horstkotte, Engineer for Local Improvement District 'No. 40, explained the assessment, point~d out s~vera1 methods in which the property could be utilized, and suggested that 91 units of assessment would be more equitable. . . After discussion, it was moved by Member Roemer, seconded by Member Salfingere, that the assessment for Parcel No. 40-4-3 be ~educed from III units to 91 units. Carried by the following vote: AYES: . NOES: ABSENT: Roemer, Sa1fingere, Spieg1 and Mitchell None Fisher Members: Members: Member: . Let~er from Dr. John Blemer, Parcel No. 40-5-4, protesting assessment because of a ~en year lease or dedication for a 'parking1ot for the Danville Post Office, was re~d. After discussion, it was moved by Member Spiegl, seconded by Member Salfingere, t~at the protest of Dr. Blemer on assessment Parcel No. 40-5-4œdenied. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member; Roemer, Sa1fingere, Spiegl and Mitchell None Fisher There being no other written protests, ,President Pro Tem Mitchell asked if anyone in the audience wished to be heard. Mr. Merchant asked for a summary of what the work and assessments were for and was answered by Mr; Horstkotte, Engineer for Local Improvement District No. 40, who also explained the 'fees to be paid when connecting to the sewer. President Pro Tem Mitchell asked Mr. Nejedly, Counsel for the District, to explain the procedure for payment of the assessment. Mr. Ne~edly explained. Mr. Henry Hartz, Parcel No. 40-5-42, asked the number of units assessed on his parcel. Mr. Horstkotte informed him it was assessed 3 units.. Mr. Halverson asked for an explanation of his assessment and Mr. Horstkotte . explained. / I There be~ng no further protests, President Pro Tem'Mitchell declared the Local Improvement District ~o. 40 Assessment Hearing closed. RESOLUTION NO. 1100, CHANGES IN THE ASSESSMENTS, OVERRULING PROTESTS, AND CONFIRMING THE ASSESSMENT, LOCAL IMPROVEMENT DISTRICT NO. 40 It was moved by Member Spieg1, seconded by Member Salfingere, that Resolution No. 1100, be adopted. Carried by the following' vote: AYES: Members: Roemer, Sa1fingere, Spiegl and Mitchell NOES: Members: None ABSENT: Membe r: Fisher V. OLD BUSINESS AGREEMENT OF SALE FOR OLD OFFICE BUILDING Letter from Mr. Kenneth Richardson, requesting that additional copies of the Agreement of Sale for the old office building providing for final payment of $35,000.00 on March l~, 1958, be executed, was read. 58 02 20 ':194, Upon recommendation of Mr. Nejedly, Counsel for the District, it was moved by Member Salfingere, seconded by Member Roemer, that authorization be granted to execute the additional copies of the Agreement of Sale for the old office building and providing for the final payment of $35,000.00 on Marchl5, 1958. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Roemer, Salfingere, Spiegl and Mitchell None Fisher MR. W. H. WESTERMAN PROTEST OF ASSESSMENT NO. 37-9-4 CONTINUED I Mr. Horstkotte, District Manager, presented a plan and profile showing how Mr. Westerman's home outside of Local Improvement ,District No. 37 could be served by the sewer through Assessment Parcel No. 37-9-4. It was pointed out to Mr. Westerman that he would have the alternate of sewering his home without further assessment in this manner 'or selling the lot , and passing the Assessment along. Mr. Westerman complained about the nigh cost of sewering his home in this manner and further stated that the County Board of Adjustment had refused to grant a land use permit for bùilding on this lot. ' Again, it was pointed out to Mr. Westerman that, at the time he protested the assessment on this parcel at the regular Hearing for this purposev he did not protest its not being a building site. The evidence presented by Mr. Westerman did not satisfy the Board that the parcel was not a legal building site. After discussion, it was moved by Member Salfingere, seconded by Member Spiegl, that Mr. .Westerman be denied relief from the assessment .on Parcel No. 37-9-4. Carried by the following vote: AYES: NOES: ABSENT: Membe rs :' Members: Member: Roemer, Salfingere, Spiegl and M~tchell None Fisher VI. NEW BUSINESS I RESCIND CALL FOR EXAMINATION FOR SURVEY MAN Mr. Horstkotte, District Manager, stated that he wis~ed to establish a new classification of Assistant Survey Man and' hold an examination for that classi- fication rather than for Survey Man. It was moved by Member Sa1fingere, seconded by Member Roemer, that the previous call for examination for Survey Man be rescinded. Carried by the following vote: AYES: NOES: ABSENT: Members: Roemer, Salfingere, Spiegl and Mitchell Members:. None Member: Fisher RESOLUTION NO. llOl, ESTABLISHING CLASSIFICATION OF ASSISTANT SURVEY.MAN It was moved by Member Spiegl, seconded by Member Salfingere, that Resolution No. 1101 be adóptèd,~ Carried by the following vote: AYES: NOES : ABSENT: Members: Members: Member: Roemer, Salfingere, Spieg1 and, Mitchell None Fisher I CALL FOR OPEN AND PROMOTIONAL EXAMINATION FOR ASSISTANT SURVEY MAN It was moved by Member Spieg1, seconded by Member Roemer, that an open and promotional examination for Assistant Survey Man be held.: Carried by: the following' vote: AYES: Members: Roemer, Salfingere, Spiegl. and Mi.tchell NOES: Members: None ABSENT: Member: Fisher 02 20 58 / I I I 195 QUIT CLAIM DEED TO JOHNSON CLARK It was moved by Member Spiegl, seconded by Member Salfingere,. that the President and Secretary be authorized to execute the Quit Claim Deed to Johnson Clark. Carried by the following vote: ' , AYES: NOES: ABSENT: Members: Members: Member: Roemer, Salfingere, Spieg1 and Mitchell None Fisher '- LEAVE ÓPABSEN'CE FOR MEMBER SPIEGL Member Spiegl stated that he would be out of the United States from March'10, 1958, to April 11', 1958. RESOLUTION NO. 1102, AUTHORIZING MEMBER SPIEGL TO BE OUT OF THE UNITED STATES FROM MARCH 10,1958, TO APRIL ll, 1958 It was moved by Member Sa1fingere, seconded by Member Roemer, that Resolution No. 1102 be adopted. Garried by the, following vote: AYES: NOES: ABSTAINING: ABSENT: Members: Roemer, Salfingere and Mitchell Members:' None Member: Spiegl Member: Fisher LETTER FROM L. M. CHALK TO HAPPY VALLEY RESIDENTS Member Roemer read a letter addressed to Happy Valley residents from Mr. L. M. Chalk, sewer contractor, stating certain costs and information relative to connecting to the sewer installed by the Lafayette School District. Member Roemer questioned the source of the information and Mr. Horstkotte explained. DEBT SERVICE SCHEDULE BY STONE & YOUNGBERG After discussion of the report submitted by Stone & Youngberg, it was moved by Member Spiegl, seconded by Member Sa1fingere, thát the'District Board adopt that portion of the schedule pertaining to the 1956 Series "B" bond issue. Carried by the following vote: A YES: NOES: ABSENT: Roemer, Salfingere, Spieg1 and Mitchell None Fisher Members: Members: Member: MR. ARCHIE MC KINLEY'S REQUEST FOR ANNEXATION OF PARCEL OF LAND ON DIABLO VIEW ROAD AND FOOTHILL PARK CIRCLE It was moved by Member Salfingere, seconded by Member Spieg1, that terms for annexing the McKinley property on Diablo View Road and Foothill Park Circle, under Ordinance 24,be $191.00 per acre plus cost of processing. Carried by the following vote: AYES: NOES: ABSENT: Roemer, Salfingere, Spieg1 and Mitchell None Fisher Members: Members: Member: VII. REPORTS '\.., DIS1RICT MANAGER \, ' PROBLEMS RESUL TING F~ HEAVY RAINS Mr. Horstkotte, District Manager, reported. ~hat the recent rains resulted in surcharged sewers and caused many problems for the District. Mr. Horstkotte commended the Maintenance Department for the manner in which the problems were taken care of. He further stated pump station operators men on each shift. He time for this period. that he haQlfe1t it was necessary to keep the four on duty a~ ~11 times with two twelve-hour shifts with two pointed out that this would result in considerable over- 02 ,5! 20 196 OUTFALL, LINE Mr. Horstkotte, District Manager, reported that the approval by the Army Corps of Engineers for the Outfall Line in deep water had been forwarded to Washington, D. C. He stated that M~. Nejedly, Counsel for the Dist~ict, had contacted Congressman Baldwin who was working to expedite the approval. SEWERING OF NORTH ORINDA AND SAN PABLO AREA Mr. Horstkotte, District Manager, reported on the County meeting which he attended relative to sewering the north Orinda and San Pablo area. REPORT ON TRIP TO FOXBORO' Mr. D. Lloyd Smith of the Engineering Department reported on his trip to Foxbo ro . INSURANCE FOR DAMAGE CAUSED BY PLUGGED SEWER LINES Member Roemer stated he was concerned with the D~strict's insurançe for protection of home owners when damage is caused by District sewer lines being, plugged and sewage backing up into homes and suggested that the:insurance De checked with the insurance carriers. It was also suggested that some sort of relief mechanism:be installed for homes subject to possible flooding. Mr. Horstkotte stated he was working on as near a fool-proof relief as could be devised and it would be included in the new specifications. Surcharged areas and means of relief were discussed. COUNSEL FOR THE DISTRICT None. VIII . ADJOURNMENT At 10:30 o'clock P.M~, the meeting was adjourned by President Pro Tem . Mitchell to March 6, 1958. . I~ÇJ;tú : Presidenr Pro Tem:of the District Board of Central G6ntra Costa Sanitary District of Contra Costa County, State of CalifQrnia COUNTERSIGNED: ~~-. Secretary of the District Board of Central Contra Costa Sanitary District of Contra Costa County, State of California 02 20 5'ß I I I - ,