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HomeMy WebLinkAboutBOARD MINUTES 03-17-60 1.82 MINUTES OF AN ADJaJRNED REGULAR MEETING OF THE DISTRIcr BOARD CENTRAL CON1RA COSTA SANITARY DISTRICT HELD MARCH 17, 1960 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 March 17,1960, at 8:00 o'clock P.M. The meeting was called to order by President Mitchell. ~ I. ROIL CALL PRESENT: Members: Roemer, Salfingere, Spiegl and Mitchell ABSENT: Member: Fisher II. APPROVAL OF MINUTES The Minutes of the meeting of March 3,1960, were approved as presented. III. APPROVAL OF BILLS None. IV. HEARINGS None. V. OLD BUSINESS OUTFALL SEWER SCHEDULE II WORK Mr. Bohn, Counsel for the District, stated that difficult legal problems were to be faced in determining the procedure to be followed in completing the M. Miller Company work on Schedule II of the Outfall Sewer. ~. '" One problem was Section 6515.5 of the Health and Safety Code regarding bids for work over $2,500.00. Mr. Horstkotte, District Manager-Engineer, explained the procedure he had for completing the work on a cost plus basis. He stated he wished to ask four contractors qualified to do the type of construction work involved to bid on a profit and overhead figure with other fixed cost items such as equipment rental, wages, etc. After considerable discussion as to how to proceed with completing the outfall Sewer Schedule II work, it was decided that Mr. Horstkotte would ask for bids to complete the work on a cost plus overhead and profit basis and Mr. Bohn would obtain a legal opinion from the State Attorney'General's Office relative to the application of Section 6515.5 of the Health and Safety Code as to proceeding with the work on a cost plus basis. Continued to April 7,1960. REPORT RE GARBAGE ORDINANCE Letters from Mr. George Gordon and Mr. Fenstermacher, attorneys repre- senting liquid industrial waste firms, requested that any changes in the gar- bage Ordinance be discussed at a future meeting. ~ Mr. Horstkotte stated that notice of hearing for the issuance of permits to garbage disposal firms who have made application for permits will be published for hearing on April 7, 1960. Continued to April 7, 1960. APPROVAL OF 1960 ADDENWM TO 1959 STANDARD SPECIFICATIONS "'-'- It was moved by Member Salfingere, seconded by Member Roemer, that the os 17 60 183 1960 addendum to 1959 Standard Specifications be approved. following vote: Carried ¡by the AYES: NOES: ABSENT: Members: Membe rs : Member: Roemer, Salfingere, Spiegl and Mitchell None Fisher APPROVAL OF THE DIS'l1UCT "GUIDE FOR ENGINEERS" ~ It was moved by Member Salfingere, seconded by Member Roemer, that the District ItGuide for Engineers" be approved. Carried by the following vote: . ~ J AYES: NOES: ABSENT: Me~be~s: Members: Member: Roemer, Salfingere, Spiegl and Mitchell None Fisher TERMS FOR ANNEXING 25 ACRES FRONTING ON RELI~ V ALLEY ROAD, LAMBERT CONSTRUC- TION COMPANY, It was moved by Member Salfingere, seconded by Member Spiegl, that terms for annexing the 25 acre parcel of land fronting on Reliez Valley Road, as requested by the Lambert Construction Co., be $191.00 per acre under Ordinance 24 plus the cost of processing and $250.00 per acre for Watershed 24 charge along with special requirements of the District staff. Carried by the following vote: AYES: ,NOES: ABSENT: Members: Members: Member: Roemer, SalfingeJ;e "Spiegl and Mitchell None Fisher LINE A SACRAMENTO NORTHERN RAILWAY RIGHT OF ENTRY ~ Mr. Horstkotte, District Manager-Engineer, presented a right of entry from the Sacramento Northern Railway granting the District the right to proceed with its work on Line A in Walnut Creek pending settlement of a permanent easement. Mr. Horstkotte and Mr. Bohn, Counsel for the District, recommended approval. " j It was moved by Member Roemer, seconded by Member Sa 1 finge re , that the President and Secretary be authorized to execute the right of entry granted to the District by the Sacramento Northern Railway for work on Line A, Walnut Creek. Carried by the following vote: AYES: Members: Roemer, Salfingere, Spiegl and Mitchell NOES: Members: None ABSENT: Member: Fisher VI. NEWIIJSINESS SEWER USE CHARGE Correspondence from the following property owners was read: Dr. Kenneth G. Holcombe, protesting the service cha~ge and, in particular, the charge on only the commercial users rather than on all users. Pets and Pals, requesting relief from ~he service charge because of being a charitable organization. ,..., Mr. Robert L. Lausten, protesting service charge for duplex one-half owner occupied, requested a hearing before the Board. Mr. Fred Peglow, protesting generally against the service charge. , . , . Mr. John R. Forde, Jr., Attorney at Law, setting fo~th reasons why the Ordinance appeared to be unconstitutional and stating it was his intention to file action in the Superior Court in and for the County of Contra Costa for the purpose of determining the constitutionality of the Ordinance. The following people in the audience were heard relative to the service charge Ordinance: Mr. John Scaglione, representing the Pleasant Hill Chamber of Commerce, stated that he was delegated to attend the meeting because the Pleasant Hill 0.3 17 6.0 "'-'------------ 1..8t Chamber of Commerce was most interested and wanted to study to determine if the service charge is equitable. Mr. Monroe protested the service charge for churches, a tax exempt group. Mrs. Jean Chesselet stated she had attended the meeting to seek informa- tion. Mrs. Stratton, from Pacheco, attended the meeting to seek information. Mr. Ashly stated that he was puzzled about the charge for a duplex when it was one-half owner occupied. The District Board spent considerable time in answering the various questions presented, and explained the Ordinance and the publicity it had been given over a period of several years prior to its adoption. ~ Members of the.Board stated they would discuss the exemption of charitable and tax exempt organizations at a future meeting. ACCEPTANCE OF EASEMENTS Continued to April 21, 1960. It was moved by Member Spiegl, seconded by Member Sa1fingere, that easements from Jerry Friedrich, Walnut Creek Canning Co., Aileen F. Gosskin, and Western Title Guaranty Co. be accepted and their recording ordered. Carried by the following vote: ' AYES: NOES: ABSENT: Members: Members: Member: Roemer, Salfingere, Spieg1 and Mitchell None Fishe r BOND SALE - REPORT FROM STONE & YOUNGBERG Mr. Herman Zelles of Stone & Youngberg stated that the Resolution author- izing the sale of $2,900,000.00 Series D bonds will be adopted at the next meeting on April 7, 1960, and at that time the "Official Statement" will be ready. ~ LINE A, PARCEL 17, OWNER MAYER Mr. Horstkotte, District Manager-Engineer, reported that two estimates had been received for the damage to be done to several trees, lawn, Shrubs, and fence on the Mayer property, Line A, Parcel 17. He recommended settlement at not to exceed $1,200.00 on the basis of the low estimate. He stated there' was no consideration for the easement. It was moved by Member Salfingere, seconded by Member Roemer, that $1,200.00 be authorized from Sewer Construction Bond Funds to settle with Mr. Mayer for the damage to be done to his property during the sewer installation in Parcel 17, Line A. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Roemer, Sa1fingere, Spiegl and Mitchell None Fisher ANNEXATION TERMS FOR mAS AND SHERWOOD PROPERTY, PLEASANT HILL It was moved by Member Roemer, seconded by Member Salfingere, that terms for annexing the Dias and Sherwood property in Pleasant Hill be $191.00 per acre plus the cost of processing. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: ~ Roemer, Salfingere, Spiegl and Mitchell None Fisher ANNEXATION TERMS FOR REUSCHE RANCH SUBDIVI SION, LAFAYETTE It was moved by Member Roemer, seconded by Member Sa1fingere, that terms for annexing the Reusche Ranch Subdivision in Lafayette be $191.00 per acre plus the cost of processing. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Roemer, Salfingere, Spiegl and Mitchell None Fisher 03 17 6'0 185 ANNEXATION TERMS FOR THE HEERS BROTHERS PROPERTY, MIRANDA A VENUE, AlAMO It was moved by Member Roemer, seconded by Member Salfingere, that terms for annexing the Heers Brothers property on Miranda Avenue, Alamo, be $191.00 per acre plus the cost of p~cessing. Carried by the following vote: '1 AYES: Members: Roemer, Sa1fingere, Spieg1 and Mitchell NOES: Members: None ABSENT: Member: Fisher VII. REPORTS ~ ; DISTRICT MANAGER-ENGINEER A'ITENDANCE AT MAINTENANCE AND OPERATORS SCHOOLS AT CALIFORNIA SEWAGE AND INWSTRIAL WASTES ASSOCIATIOO CONVENTION Mr. Horstkotte, District Manager-Engineer, requested authorization to pay the fees for District employees to attend maintenance school in the sum of $29.00 and to attend operators school in the sum of $50~00 during the California Sewage and Industrial Wastes Association convention at the Claremont Hotel on April 27,1960. It was moved by Member Roemer, seconded by Member Spieg1, that fees for District employees to attend maintenance school in the sum öf $29.00 and to attend operators school in the sum of $50.00 during the California Sewage and Industrial Wastes Association convention at the Claremont Hotel on April 27, 1960, be authorized. Carried by the following vote: AYES: NOES: ABSENT: Members: Membe rs : Member: Roemer, Salfingere, Spiegl and Mitchell None Fisher STA'lUS OF LINE A AND ORINDA CROSSROADS AND MORAGA PUMPING STATIONS WORK ~ Mr. Horstkotte reported that the work on the Orinda :Crossroads and Moraga Pumping Stations was progressing on schedule and the work on Line A was beginning again after the rainy period. MEETING RE EAST BAY MUNICIPAL UTILITY DISTRICT'S LINE THROUGH PLEASANT HILL - Mr. Horstkotte reported on a meeting with the Board of Supervisors relative to the pending work of East Bay Municipal Utility District in bringing their new line through Pleasant Hill and its effect on Line A and flood control work. SELF INSURANCE Mr. Hoistkotte stated that a report would be made at the next meeting relative to the members of the California Sanitary Districts Association be- coming self insured. COUNSEL FOR THE DISTRICT None. VIII . ADJWRNMENT At 10:45 o'clock P.M., the meeting was adjourned by President Mitchell to April 7, 1960. ~ " ¡ COUNTERSIGNED: Presiden the District Board 0 Central Contra Costa Sanitary District of Contra Costa County, State of California se~~ - Central Contra Costa Sanitary District of Contra Costa County, State of California 03 17- 60 ---- ----------- --- ----- --.-- ...----- - ------