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Home My WebLink AboutBOARD MINUTES 09-01-60 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD SEPTEMBER 1, 1960 ~ The District Board of Central Contra Costa Sanitary District convened in a Regular Session at its regular place of meeting located at 1250 Spring- brook Road, Walnut Creek, County of Contra Costa, State of California, on September 1,1960, at 8:00 o'clock P.M. I .. The meeting was called to order by President Mitchell. I. ROLL CALL PRESENT: !-1embers: Roemer, Salfingere, Bowman and Mitchell ABSENT: Member: Spiegl Member Spiegl arrived at 8:10 o'clock P.M. II. APPROVAL OF MINUTES The Minutes of the meeting of August 18,1960, were approved as presented. III. APPROVAL OF BILLS It was moved by Member Roemer, seconded by Member Salfingere, that the bills, as audited by the Auditing Committee and as submitted by the District Manager-Engineer, be approved, reference being specifically made to Sewer Construction Vouchers Numbers 651 to 1117, inclusive, and Running Expense Vouchers Numbers 5784 to 5943, inclusive. Carried by the following vote: '1 AYES: Members: Roemer, Salfingere, Bowman and Mitchell NOES: Members: None ABSENT: Member: Spiegl IV. HEARINGS None. v. OLD BUSINESS ORDINANCE ho, M-ŒNDING ORDINANCE 25 After Mr. Horstkotte, District Manager-Engineer, explained that the amendment to Ordinance 25 set forth the time for application and the sub- mission of information to establish sewer lines for rebates, it was moved by Member Roemer, seconded by Member Salfingere, that Ordinance ho be adopted. Carried by the following vote: AYES : NOES: ABSENT: Members: Members: Members: Roemer, Salfingere, Spiegl, Bowman and Mitchell None None 1959-1960 AUDIT REPORT ._! Mr. Horstkotte, District Manager-Engineer, presented the annual Audit prepared by Mr. Ewert. Mr. Horstkotte stated that the report had been expanded over previous reports. r-"\ VI. NEW BUS INES S EASEMENT AGREEMENT, LINE A, PARCEL 13 Mr. Horstkotte, District Manager-Engineer, stated that an agreement had been reached with Mr. Miller, owner of the property over which easement Parcel 13 of Line A is located. He stated that $1,821.J.00 was agreed upon for damage to trees, shrubs, and structures to be removed or destroyed and not to be restored by the contractor for I,ine It, and recommended approval of this amount. 09 01 60 Mr. Horstkotte stated that a clause in the agreement asking for a penalty of $20.00 per day for each day of construction beyond thirty days had not been settled. It was moved by Member Spiegl, seconded by Member Roemer, that the President and Secretary be authorized to execute the agreement with Mr. Miller for easement Parcell) of Line A, providing for the payment of $1,824.00 for the damage to be done to the Miller property, and the time limit to complete the work after which $20.00 per day shall be paid shall conform to what the contractor for Line A will agree to in writing to the District. Carried by the follo~dng vote: AYES: NOES : ABSENT: Members: Members: Members: Roemer, Salfingere, Spiegl, Bowman and Mitchell None None ",-".,J RESOLUTION NO. 1244, CONDEMNATION OF EASEMENT PARCEL 3, LINE D After examining a map showing easement Parcel 3 of Line D and the location of the sewer and the set-back area for the property and ex- plaining that the property owner was demanding $500.00 for settlement, it was moved by Member Spiegl, seconded by Member Roemer, that Resolution No. 1244 be adopted. Carried by the following vote: AYES : NOES : ABSENT: Members: Members: Members: Roemer, Salfingere, Spiegl, Bowman and Mitchell None None SEPTEMBER 13, 1960, ElECTION HOLIDAY DETERMINATION It was moved by Member Roemer, seconded by Member Bowman, that, un- less Mr. Bohn, Counsel for the District, determined that it was mandatory, the day of the District election, September 1),1960, shall not be a holiday for District employees. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Roemer, Salfingere, Spiegl, Bowman and Mitchell None None ~ TERMS FOR ANNEXING THE DOUGLAS OIL COMPANY PROPERTY AT 1515 DANVILIE HIGHWAY, ALAMO. It was moved by Member Spiegl, seconded by Member Bowman, that terms for annexing the Douglas Oil Company property at 1515 Danville Highway, Alamo, be $191.00 per acre plus the cost of processing. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Roemer, Salfingere, Spiegl, Bowman and Mitchell None None PAYMENT TO MOSQUITO ABATEMENT DISTRICT, OUTFALL SEWER, SCHEIDLE II, M. MILLER COMPANY Mr. Horstkotte, District Manager-Engineer, read correspondence relative to the bill owed the Mosquito Abatement District for work relative to the Outfall Sewer, Schedule II, M. Miller Company contract. After recommendation from Mr. Horstkotte . and Mr. Bohn, Counsel for the District, it was moved by Member Spiegl, seconded by Member Salfingere, that the bill of the Mosquito Abatement District be paid at the direction of Mr. Bohn under protest by the District, it being an obligation of M. Miller Company. Carried by the following vote: AYES : NOES : ABSENT: Members: Members: Members: L Roemer, Salfingere, Spiegl, Bowman and Mitchell None None ACCEPTANCE OF \'¡ATERSHED 24 TRUNK SEWER, COUNTY FREEWAY CROSSINGS NOS. 1 AND 2 ~VORK Upon recommendation of Mr. Horstkotte, District Manager-Engineer, it was moved by Member Salfingere, seconded by Member Roemer, that "Watershed 09 60 01 24 Trunk Sewer, County Freeway Crossings Nos. 1 and 2" work be accepted, the filing of a Notice of Completion be authorized, and the immediate pay- ment of $5,664.42 to L. M. Chalk be authorized and the balance of $629.38 be authorized for payment at the expiration of the lien period. Carried by the following vote: AYES : NOES: ABSENT : Members: Members: Members: Roemer, Salfingere, Spiegl, Bowman and Mitchell None None ,,: VII. REPORTS ;1 .J/ DISTRICT MANAGER-ENGINEER STATUS OF VARIOUS JOBS Mr. Horstkotte, District Manager-Engineer, reported that Line A and Line D work was progressing satisfactorily. Mr. Horstkotte reported that the final work on the Outfall Sewer will be completed and the line expected to be in full operation the latter part of September. COUNSEL FOR THE DISTRICT HOBBS SHORE LITIGATION, œTFALL SEWER, SCHEDULE II Mr. Bohn, Counsel for the District, reported that one Hobbs Shore had filed a second taxpayer's suit against the District on the McGuire and Hester contract, which was signed to complete Schedule II of the Outfall Sewer. He stated that a prior suit seeking an injunction by this same taxpayer had been dismissed by the court and that this latest maneuver seemed to be a further deliberate attempt to harass the District and cause expense to its taxpayers. ~ He further stated that he felt that this litigation was solely designed to influence the outcome of the Miller litigation and for no other reason. Therefore, he felt that it was irresponsible and a deliberate waste of the taxpayers' money made necessary to defend these actions. '-J' After discussion, it was moved by Member Spiegl, seconded by Member Salfingere, that Mr. Bohn be directed to take what action is necessary to express the District's disapproval and resentment of the waste of the taxpayers' money caused by this unnecessary and unfounded harassment. Carried by the following vote: AYES: NOES : ABSENT: Members : Members: Members: Roemer, Salfingere, Spiegl, Bowman and Mitchell None None HARRIET STREET BRIDGE LITIGATION Member Spiegl reported that the Supreme Court had refused to review the Harriet Street Bridge Case. ORDINANCE 39 r The wording of Ordinance 39 was approved and it was directed that it be published. VIII. ADJOURNMENT At 9:10 o'clock P.M., the meeting was adjourned by President Mitchell 09 01 60 4 to September 22,1960. ø President t e Dlstrict Board of t e Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: ~ .' .- .~.~~ ..) r of the ,"istrict Board of the Central Contra Costa Sanita~J District of Contra Costa County, State of California . . 09 01 60