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HomeMy WebLinkAboutBOARD MINUTES 11-19-59 1-50 MINUTES OF AN ADJOORNBD RBGULAR MEETING OP 11Œ DISTRICT OOARD CENTRAL cœ'lRA COSTA SANITARY DISTRICT HELD NOVEMBER 19, 1959 the District Board of Central Contra Co$ta Sanitary District convened in an Adjourned Regular Session at its regular place of meeting located at 1250 Spring brook Road, Walnut Creek, County of Contra Costa, State of California, on November 19,1959, at 8:00 o'clock P.M. In the absence of President Fisher, Member Mitchell called the meeting to order. ~ I. ROLL CALL PRESENT: Members: Roemer, Salfingere, Spiegl and Mitchell ABSENT: Member: Fisber Member Mitchell was unanimously elected President Pro Tem. II. APPROVAL OF MINUTBS. the Minutes of,tbe meeting of November 5, 1959, were appIOved as presented. III. APPROVAL OF BILLS None. IV. HBARINGS None. v. OLD æSINBSS CŒTINUBD MBBTING WI'11i M. MIU-ER CO.. <nrrRAC'1'œ Pœ WTFALL SEWER, SaœOOLB II, RB ca.fPLBTIŒ OP \«>RK ~ Mr. Murdock, attorney for M. Miller Co., presented for District records and to each Director the following: 1. Revised cost analysis for work on Schedule II of the Outfall Sewer dated November 16,1959, in the sum of $829,710.61 from the start of the job in July, 1958, through October 27,1959. Mr. Murdock stated this was for District information and was not a claill. 2. Job costs for Schedule II of the Outfall Sewer dated November 18, 1959, covering the two-week period from October 28, 1959, to November 10, 1959, in the sum of $21,174.03. Mr. Murdock stated this was for District information and was not a claim. 3. Cost of rock and bedding material for Schedule II of the Outfall Sewer dated November 16, 1959, covering the period from July, 1958, through October 27,1959, in the sum of $29,420.'1. Mr. Murdock stated this amount was to be claimed as an extra. Mr. Bohn, Counsel for the District, asked Mr. Murdock for the total amount being claimed as an extra to date. Mr. Horstkotte, District Manager-Engineer, stated that the amounts pre- sented at this meeting and the previous meeting totaled $147,784.68, with which Mr. Murdock agreed. ~ Mr. Bohn stated that the District Board has never implied any approval of claims for extras. Mr. Murdock said that the District Board had denied all claims for extras. Mr. Murdock stated that Mr. Miller had reported to him that, conserva- tively, it would take about 60 working days or 90 calendar days to complete 11 --Q-9- 59 In 1:51 the work with two shifts working each workable day. Bad weather would re- quire extra material for the road in order to be able to get in and out and this would be claimed as an extra. Mr. Murdock asked that serious consideration be given to the' internal sleeve .ethod for repair of joints 245 to 261 as requested by M. Miller Co~ Mr. Horstkotte asked if the schedule for coapletion presented was predicated upon the internal aethod of repair to joint. 245 to 261. ,..., Mr. Miller stated it was. . ; When asked by Mr. Horstkotte if this lIethod was not approved, would the completion schedule still hold, Mr. Miller replied that it would: be impossible to state a completion time. , Mr. Horstkotte reviewed the details of internal collars, stating that this method would be unacceptable because of not having strength or flexi- bilitŸ and would reduce the future hydraulic capacity of the line by 25 percent. At the suggestion of Mr. Bohn, Counsel for the District, it was lIOyed by Member Roeme~, seconded by Member Salfingere, that all claio for extra work by M. Miller Co. be denied and that continued consideration of proposals by the contractor will, not in any way be a waiver by the District to have the Outfall Sewer Schedule II work completed other, than in accordance with the plans and specifications. Carried by the following vote: , AYBS: NOES: ABSENT : Members: Roemer, Salfingere, Spiegl and Mitchell Me.bers: None Member: Fisher President Pro Tem Mitchell stated that the District should be preparing to take action against M. Miller Co. RBSOWTIœf NO. 1193. DIRæ'1'ING THB STAPF AND CaJNSBL JIœ' '11IB DISTRICT TO REVIEW '1'HB M. MI1JJIk CO., <XJr1'aACT AND 'ØIB IttTIRB FILE ~ ',I j After discussiDg taking definite action against M. Miller eo., it 8S DaoVed by Meaber Salf ingere t seconded by Meaber Spiegl, that Resolution No. 1193 be adopted. Carried by the following vote: ' AYES: Members: Roemer, Salfingere, Spiegl and Mitchell NOES :Mellbe rs : None ABSBNT: Me.ber: Fisher REVIEW OF ORDINANCB 34.. G\RBAGB RBOOLAnœ After discussion, Mr. Bobn, Counsel for the District, was instructed to prepare an aaendllent to Ordinance 34 including aendllients previously discussed and on a: non-exclusive 1 icense or pe rmi t basis. Continued to December 3, 1959. FLOOD cœ1'ROL AGRBBMIIa Continued; to be placed on the agenda after final discussions with the Flood Control District. ~ SBWBt. USE œARGB ŒDINANCB " ) Mr. Horstkotte, District Manager-Bagineer, stated that the use charge Ordinance was for commercial users only, not for residential users. : Mr. Horstkotte reviewed the changes he felt were necessary to make the Ordinance acceptable to the Meabera of the Board. He suggested including apartments, hotels, and motels in the commercial classificatioQ~, Mr. Horstkotte asked if the staff should proceed with the drafting of the.Ordinance in final form, as suggested. Member Salfingere was agreeable if certain changes were made. President Pro Tea Mitchell suggested that the Ordinance be prepared on an alternative basis, providing for full payment at the time of connèction 11 -Ð:9- 59 --,...-.-..-------.-.--"'------ 1.52 or the option of accepting the use charge. The staff was instructed to prepare the use charge Ordinance for commer- cial users for consideration at the next meeting. Continued to December 3,1959. œDINANCB 36. AMENDING ORDINANCE 25. PROVIDING FOR ENTBRING INTO AGRBBMENTS WITH PUBLIC BODIES A)Jt THB EXTIIfSIŒ OF SBfBR SERVICE It was moved by Member Spiegl, seconded by Member Roemer, that Ordinance 36 be adopted. Carried by the following vote: AYES: Members: koeller, Salfingere, Spiegl and Mitchell NOES: Members: None ABSENT: Member: Fisher "'---" ROOBRS AND FBRØUL CLAIMS FOR DAMAGE TO WAlNUT TREES IN LOCAL IMPROVEMENT DIS'lRIC1' NO. 33 Mr. Horstkotte, District Manager-Bngineer, reported that the walnut trees on the Rogers property were planted in 1915 and the walnut trees on the Ferrul property were planted in 1910. Mr. Horstkotte stated that, in discussions with Mr. Foard, who sub- mitted the appraisal report, Mr. Foard stated that walnut trees reach their maximum production in-20 to 25 years and continue their aaxillua production for approximately 20 years, living to be 75 years or more. Mr. Horstkotte pointed out that the report of Mr. Foard stated :there were three conditions causing damage to the walnut trees.: These causes are: (1) Blackline, a disease of the bud union; (2) Water d8Bage caused by poor drainage, and (3) Damage caused when sewer line was dug. After discussion, it was moved by Member Salfingere, seconded by Member Spiegl, that, due to the multiple causes of damage to the walnut trees, '0 percent of Mr. Foard's recolllll1endation, or $72.00 per tree, be offered to Mr. Rogers and Mr. Ferrul for settlellent of their claims. Carried by the following vote: ~ AYES: Members: Roemer, Salfingere, Spiegl and Mitchell NOES: Members: None ABSENT: Member: Fisher CLAIM OF TEXACO SERVICE STATIœ CXKrRAC'l'œ After a report from Mr. Bolm, Counsel for the District, and Mr. Horstkotte, District Manager-Bngineer, it was !lOved by Mellber Roemer, seconded by Member Spiegl, that Mr. Bolm and Mr. Horstkotte be authorized to negotiate, in the best interests of the District, a settlement figure to be submitted to the District Board for approval. Carried by the following vote: AYES: Members: Roemer, Salfingere, Spiegl and Mitchell NOES: Mabers: None ABSItn.': Member: Fisher It was moved by Member Roemer, seconded by Member Spieg1, that up to $1,200.00 be authorized from Sewer Construction Bond Funds for settlement of the Texaco Service Station contractor's claim. Carried by the following vote: AYES: Members: -Roemer, Salfingere, Spiegl and Mitchell NOES: Members: None ABSENT: Member: Fisher '-' - VI. NEW BUSINESS RBSOWTIœ NO. 1189. APFOINTING ROBERT MARPLE TO THE POSITION OF ENGINEERING æAPTSMAN It was 8Oved by Member Roemer, seconded by Member Salfingere. that Resolution No. 1189 be adopted. Carried by the following vote: AYES: NOES: ABSENT : Members: Roemer, Salfingere, Spiegl and Mitchell Members: None Member: Fisher 11 -(}-9- 5 9 I() :153 RBSOWTION NO. 1190. ESTABLISHING SALARY FOR JOHN BLESSBN. RIGHT OF WAY TECHNICIAN ' Itwas'moved by Member Roemer, Seconded by Member Spiegl, that. Resolution No. 1190 be adopted. Carried by the following,vote: AYES: NOES: ABSENT : Members: Roemer, Salfingere, Spiegl and Mitchell Members: None Member: Fisher n REBATB PROCBØJRB pœ ROOND HILL OOTFALL SEWER ~ J Mr. Horstkotte presented a letter from the Round Hill pzoperty owners requesting an agreement to apply connection fee and annexation fee charges against the cost of installing the outfall line to the Rò~d Hill ~ubdivi- sion, as pzovided in Ordinance 35. After, discussion, the Members of the Board agreed that the intent of Or4inance 35 was to apply ~n circumstances which presented a'real prob~em in getting sewers installed. It was moved by Member Spiegl, seconded by Member Roemer, that the request of the Round Hill property owners to apply connection charges and annexation fees towards the cost of the outfall line to serve their property. as prov~ded in Ordinance 35, be denied. Carried by the following vote: AYES: Members: Roemer, Salfingere, Spiegl and ~tchell NOES: Members: None ABSENT: Member: Fisher Aœ.BF1'ANCB OF BAS:BMBNTS ~ It was moved by Member Spiegl, seconded by Member Salfingere, that easements from Wilhelomine K. Morey, Paul F. Wendt, Neil Cooper, Kenneth Gertsen, Bryant B. King, William B. Parsons, Don F. White, Gordon D. Livingston, AlbertR. Rubey, F. F. Thomas, Jr., William B. Sullivan, George F. Stier, Shirley White Dozier, Lloyd C. Rossi, Richard Stuart, France~ Betts, Emil A. Hagstrom, Alfred Stott, Jr., George J. Pac~ni, Hubert J. Blanco, William R. Davies, Jr., Robert A. Shipley, Robert W. Hummel, Jr., Frank B. Helfrich" Thomas H. Peterson, Anson M. Averell, Benjamin A. Banker, N. C. Phillips, California Pacific Title Co., and Bast Bay Municipal Utility District be accepted and their recording ordered. Carried by the following vote: . \I J AYES: Members: Roemer, Salfingere, Spiegl and Mitchell NOES: Members: None ABSENT: Member: fisher QU IT CLAIM DBBDS 'LHJBERT J. BLANCO. WILLIAM R. DAVIES. .JR.. AND ROBERT . A. SHIPLEY It was moved by Member Salfingere, seconded by Memb,r Spiegl, t~at the President and Secretary be authorized to ~ecute Qui~ Claim Deed~ to Hubert. J. Blanco, William R. Davies, Jr., and Robert A.Sþ!pley. Çarried by the following vote: AYES: Members: Roemer, Salfingere, Spiegl and Mitchell NOES: Members: None ABSENT: Member: Fisher IUQJBST OF DAVID HJMPHRBY TO PAY ANNEXATION CHARGE œ l/lOth OF AN ACRE IN DANVILLB UNDJR (It))tNANCB 24 ~ ,. , Mr. Horstkotte, District Manager-BDgineer, presented Mr. Humphrey's letter requesting he be allowed to pay annexation charges, under Ordinance 24, on l/IOth of an acre. Mr. Horstkotte explained the zoning requirements for lot sizes in the area, stàting that the property was under two different zoning classifi- cations, one of which would be within the l/lOth of an acre classification. It was moved by Member Roemer, seconded by M~mber Spiegl, that Mr. Humphrey be allowed to pay the annexation fee under Ordinance 24 on the size parcel of land that meets zoning requirements and Mr. Horstkotte's approval. 11 --Q-9- 59 , r-. 1.~~ Carried by the following vote: AYES: NOES: ABSENT : Members: Roemer, Salfingere, Spiegl and Mitchell Members: None Member: Fisher RESOLUTICti NO. 1191. APPOINTING CARL'lœ WEBB TO THE POSITION OF ASSISTANT OPBRAT<:R It was moved by Member Roemer, seconded by Member Spiegl, that Resolution No. 1191 be adopted. Carried by the following vote: AYES: Members: Roemer, Salfingere, Spiegl and Mitchell NOES: Members: None ABSENT: Member: Fisher --... ABOLISH aJRRENT ELIGIBLE LIST FOR. ASSISTANT OPERATCIt AND CALL FOR ÈXAMINATIŒ Mr. Horstkotte explained that each person on the present eligible list had refused the job as Assistant Operator. It was IIOved by Member Spiegl, seconded by Meœber Roemer, that the eligible list for Assistant Operator be abolished and a civil service exaain. ation be held to establish an eligible list for Assistant Operator. Carried by the following vote: AYES: NOES: ABSENT: Members: Roemer, Sa1fingere, Spiegl and Mitchell Members: None Member: Fisher VII. RBPCRTS DISTRICT MANAGER-.BNGINBBR STA'l'US OF wauc IN PROGR.BSS Mr. Horstkotte, District Manager-Engineer, reported on the status of the work in progress. ~ COONSBL pœ nœ DISTRICT SALB OF SURPWS PROPERTY Mr. Bohn, COunsel for the District, explained a resolution prepared, listing surplus property of the District to be sold. . RESOWTION NO. 1192, A1J11IORIZING nIB SAU OF CBR'l'AINSURPWS PROPIRTY It was moved by Member Spiegl, seconded by Mellber Roemer, that Resolution No. ll92 be adopted. Carried by the following vote: AYES: Members: koeaer, Salf ingere, Spiegl and Mitchell NOES: Members: None ABSENT: Member: Fisher VIII. ADJOORNMBNT At 10:45 o'clock P.M., the meeting was adjourned by President Pro Tem Mitchell to December 3, 1959. .' )~.Jrc£~j COONTERSIGNED: ~ the District Board 0 Sanitary District of State of California Secre a 0 the District Board of Central Contra Costa Sanitary District of Contra Costa County, State of California 11 -0-9- 5 9 lq