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HomeMy WebLinkAboutBOARD MINUTES 05-18-61 81 MINUTES OF AN ADJOURNED REGULAR MEETOO OF THE D1STRICT BOARD CENTRAL CONTRA COOT! SANITARY DISTRICT HELD MAY 18,1961 I"'""\. The District Board of Central Contra Costa Sanita~ 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 May 18,1961, at 8:00 o'clock P.M. The meeting was called to order by President Mitchell. I. ROLL CALL PRESENT: Members: Gibbs, Salfingere, Bowman and Mitchell ABSENT : Member: Roemer II. APPROVAL OF MINUTES The Minutes of the meetings of April 27, 1961, and May 4, 1961, were approved as presented. III. APPROVAL OF BILIS None. IV . HEARINGS None. v. OLD BUSINESS ~ . I LINE D, PARCEL 3, THO!t30N CONDEMNATION; COURT ORŒRED SETTIEMENT Letter from Mr. Bohn, Counsel for the District, to President Mitchell and Board Members, relative to settlement of the Thomson easement litigation, was presented, which recommended payment as directed. After further explanation from Mr. Williams, representing Mr. Bohn, Counsel for the District, it was moved by Member Salfingere, seconded by Member Gibbs, that the sum of $3,988.59 be authorized from Sewer Construction Bond Funds to settle the Margaret Thomson easement litigation, as directed by the court. Carried by the following vote: AYES: Members: Gibbs, Salfingere, Bowman and Mitchell NOES: Members: None AmENT: Member; Roemer ORDINANCE 42 CAPACITY CHARGE Mr. Horstkotte, District Manager-Engineer, stated that his memorandum to the Members of the Board rela ti ve to a charge for all mnl tiple dwellings . to take care of line deficiencies represented the staff's thinking after consultation with interested real estate brokers, contractors, etc. ,.... Mr. Horstkotte stated that the suggested deficiency charge of .5 over the regular fixture rate for a single family dwelling for units frmn 2 to 30, .4 for units from 31 to 60, and .3 for 61 or more units would only prove by experience whether the added charge was too high or too low. Members of the Board discussed whether the basis of number of units sub- ject to the graduated scale should be on an acreage basis or building basis. President Mitchell suggested that a limit be established on the amount of line the District would install. After discussion, it was moved by Member Bowman, seconded by Member Gibbs, that the staff proceed on the basis of living units per building, .05 .18 61 82 charging 1.5 times the regular single fañdly fixture charge rate per unit in a single building of from 2 to 30 units, 1.4 times per unit on the next 31 to 60 units, and 1.3 times on each unit over 60. The charge over and above the regular single family charge to be placed in a fund to be known as the "ReserYe for Deficiency Corrections for Multiple Use". Carried by the following vote: AYES : Members : NOES : Members: ABSENT: Member: Gibbs, Salfingere, Bowman and Mitchell None Roemer VI. Nm'l BUS INESS CIAIM OF WIt STRONG FOR DAMAGES ........., Letter from Mr. C. Terence Ring, attorney for Mr. Wil Strong, relative to damage to his car which he claimed was a result of driving over a rodding inlet cover, was read. Also, a letter from Mr. Strong and an investigation report from the Maintenance Department were read. After discussion, it was moved by Member Gibbs, seconded by Member Salfingere, that the claim of Mr. Wil Strong be denied. Carried by the following vote: AYES : Members : NOES: Member: AmENT: Member: Gibbs, Salfingere and Mitchell Be wman Roemer ANNEXATION TEIOO FOR PROPERTY AT THE CORNER OF YGNACIO VALIEY ROAD AND OAK GROVE ROAD, CMNER T. G. CASEY Letter from Mr. T. G. Casey was read. Mr. Horstkotte, District Manager-Engineer, presented a map showing the Casey property and proposed extension of a twelve-inch line to become Change Order No.1 of the McGuire and Hester contract for Watershed 27 to serve the Casey property. Mr. Horstkotte stated that Mr. Casey was prepared to deposit the annexation fee for the first 8~ acres to be developed, as stated in his letter requesting annexation. Mr. Horstkotte stated that the figure given for this proposed work by McGuire and Hester was $39,750.60. Mr. Horstkotte presented an itemized cost breakdown of the proposed work. He estimated the fees to be paid to the District from the full development of the Casey property to be $49,450.00. ~ President Mitchell asked if the twelve-inch line size was the maximum to serve the area beyond the Casey property. Mr. Horstkotte stated that it was, although other lines would have to be extended to serve Ygnacio Valley to the west of the Casey property. President Mitchell stated that the Board and staff agreed that the District had completed its obligation to extend sewers into Ygnacio Valley and could go along with this extension due to its falling within the monetary limit of its obli- . gat ion to extend sewers into Ygnacio Valley and it would now be the obligation of developers to make additional extensions from existing sewer lines. It was moved by Member Bowman, seconded by Member Salfingere, that Change Order No.1 be authorized for issuance to McGuire and Hester to extend the sewer line along Oak Grove Road to the Casey ~roperty after Mr. Casey has paid to the District the annexation fees for 82 acres and has executed the annexation petition to annex to the District the entire 50 acres under his ownership. Carried by the following vote: ~ AYES: Members: Gibbs, Salfingere, Bowman and Mitchell NOES: Members: None ABSENT: Member: Roemer ANNEXATION TERMS FOR 2.9 ACRES, roT 45, BROOKWOOD ACRES, TRACT 2944, LAFAYETTE It was moved by Member Bowman, seconded by Member Gibbs, that terms for annexing 2.9 acres, Lot 45, Brookwood Acres, Tract 2944, Lafayette, be $191.00 per acre plus the cost of processing and $275.00 per acre Watershed 23 0.5 18 61 83 charge. Carried by the following vote: AYFß: Members: Gibbs, Salfingere, Bowman and Mitchell NOES: Members: None AæENT: Member: Roemer ACCEPTANCE OF EASEMENT FROM 11. 11. HEA THORN ~ Mr. Horstkotte stated that there were two cherry trees and a small walnut tree to be removed, and Mr. Heathorn had agreed to grant the easement requested of him for Watershed 27, Parcell, upon payment of $50.00 for the loss of the trees. . j It was moved by Member Gibbs, seconded by Member Bowman, that the easement from Mr. W. W. Heathorn be accepted, its recording ordered, and $50.00 be authorized from Sewer Construction General Funds for payment to him for two cherry trees and a small walnut tree. Carried by the follow- ing vote: AYES : Members: Gibbs, Salfingere, Bowman and Mitchell NOES: Members: None ABSENT: Member: Roemer ACCEPTANCE' OF EASEMENT FROM MANUEL P. THOMAS Mr. Horstkotte reported that Mr. Thomas had agreed to grant to the District the easement requested of him in Watershed 27, Parcel 4, upon payment to him of $780.00 for 78 large full grown grape vines and a full grown plum tree. Mr. Horstkotte stated that it appeared there would be further damage to the Thomas property for which the District might be liable. ~ It was moved by Member Gibbs, seconded by Member Salfingere, that. the easement from Manuel P. Thomas be accepted, its recording ordered, and that $780.00 from Sewer Construction General Funds be authorized for payment to him for 78 large full grown grape vines and a full grown plum tree. Carried by the following vote: . J AYES: Members: Gibbs, Salfingere, Bowman and Mitchell NOES: Members: None AæENT: Member: Roemer LnÆ A, PARCEL 4, KOCHER PROPERTY Mr. Horstkotte, District ~ger-Engineer, explained that the District Board at its meeting on April 16, 1959, agreed to pay Mr. R. L. Kocher for .43 of an acre which the District wished to purchase from him for Line A, the same amount per acre as the State Division of Highways paid him for the property they were purchasing from him. Mr. Horstkotte stated that Mr. Kocher's letter of May 9, 1961, for- wardin,.g the Deed for the .43 of an acre to the District, stated this amount was $1;500.00 per acre. Mr. Horstkotte stated that this amount had been confirmed by the District, and recommended payment. "'"" It was moved by Member Gibbs, seconded by Member Bowman, that the Deed from Mr. R. L. Kocher for Parcel 4 of Line A be accepted, its recording ordered, and payment to Mr. Kocher in the sum of $2,795.00 be authorized from Sewer Construction Bond Funds. Carried by the following vote: AYES: Members: Gibbs, Salfingere, Bowman and Mitchell NOES: Members: None ABSENT: Member: Roemer ACCEPTANCE OF EASEMENTS FROM CURTIS K. SMITH AND LEO G. CURTIN It was moved by Member Bowman, seconded by Member Salfingere, that easements from Curtis K. Smith and Leo G. Curtin be accepted and their recording ordered. Carried by the following vote: AYES: Members: Gibbs, Salfingere, Bowman and Mitchell NOES: Members: None ABSENT: Member: Roemer 05 18 61. ----.-.-----..- --...----..---. .84 ACCEPTANCE OF EASEMENT FROM CAROL S. MARTINELLI SUBJECT TO PAYMENT OF $750.00 FROM C.tf.I!iElU)llJJ!i COMPANY Correspondence from Mr. Gordon Turner, attorney for Mrs. Carol S. Martinelli, and Creekside Company stipulated that the easement is subject to a payment of $750.00. Creekside Company correspondence stated that, upon acceptance by the District, they will forward a check to the District in the sum of $750.00 made payable to Carol S. Martinelli. It was moved by Member Bowman, seconded by Member Salfingere, that the easement from Carol S. Martinelli be accepted, subject to the District's receiving froIit the Creekside Company a check in the amount of $750.00 made payable to Carol S. Martinelli and, after the check has been delivered to Mr. Gordon Turner, attorney for Carol S. Martinelli, recording be ordered. Carried by the following vote: AYES : Members: Gibbs, Salfingere, Bowman and Mitchell NOES: Members: None AmENT: Member: Roemer ~ RESOIDTION NO. 1278, APPOINTOO DONALD JOAQUIN, UTILITY MAN It was moved by Member Salfingere, seconded by Member Gibbs, that Resolution No. 1278 be adopted. Carried by the folloWing vote: AYES: Members: Gibbs, Sa1fingere, Bowman and Mitchell NOES: Members: None ABSENT: Member: Roemer CLAnt OF R. J. STIRLING Mr. Horstkotte, District Manager-Engineer, explained that the claim of Mr. R. J. Stirling for a plumbing bill of $13.50 incurred as a result of sewer stoppage was valid, and recommended payment. It was moved by Member Bowman, seconded by Member Gibbs, that the claim of Mr. R. J. Stirling in the amount of $13.50 as a result of sewer stoppage be paid following the receipt of Release and Waiver signed by Mr. Stirling. Carried by the following vote: ~ AYES: Members: Gibbs, Balfingere, Bowman and Mitchell NOES : Members: None AmENT: Member: Roemer D. C. PEACOCK, JR. PROTEST HE ANNEXATION FEES, TRACT 2878, MAYHEW ROAD, PIEABANT HILL Letter from Mr. D. C. Peacock, Jr., protesting annexation fees for Tract 2878, was read. Mr. Horstkotte, District Manager-Engineer, read a staff memorandum giving details of the annexation fees due. -) It was moved by Member Balfingere, seconded by Member Bowman, that the protest of Mr. D. C. Peacock, Jr., relative to payment of annexation fees for Tract 2878, be denied. Carried by the following vote: AYES: Members: Gibbs, Salfingere, Bowman and Mitchell NOES: Members: None AæENT: Member: Roemer EASEMENT AGREEMENT, PARCEL 6, WATERSHED 27, row CHEMICAL COMPANY Mr. Horstkotte, District Manager-Engineer, explained that the Dow Chemical Company easement agreement, granting to the District an easement for Watershed 27, was subject to their being compensated for walnut trees to be removed, as a result of the work, on the same basis as the Gospel Foundation. -...... Mr. Horstkotte stated that Mr. Walter Webb of the Gospel Foundation had given the District permission to enter upon their property to remove the walnut trees necessary and to proceed with the work pending their executing the easement subject to the District working out a fair value of compensation for the walnut trees to be removed. o~ 1 t', 0 61 85 ~ It was moved by Member Salfingere, seconded by Member Bowman, that the easement agreement from Dow Chemical Company for Parcel 6 of Water- shed 27 be accepted and its recording ordered and the District staff be authorized to work out a fair value for settlement with the Dew Chemical Company and the Gospel Foundation for the walnut trees to be destroyed as a result of the work, subject to Board approval. Carried by the following vote: AYF8: Members: Gibbs, Balfingere, Bowman and Mitchell NOES: Members: None ABSENT: Member: Roemer \ .J President Hi tchell requested that the District staff present to the District Board, for approval at its next meeting, the Watershed charge for Watershed 27. MATTERS FROM THE FLOOR RESERVE FOR UNFORESEEN ACCIDENTS Member Bowman questioned Mr. Horstkotte, District Manager-Engineer, about other Districts establishing reserves for unforeseen accidents such as earthquakes, floods, etc. Mr. Horstkotte stated he would check into the matter. TOUR OF THE. DJSTRICT At the request of the Members of the Board, Mr. Horstkotte set 9:00 o'clock A.M., June 3,1961, for a tour of the District. CODIFICATION OF ORDINANCES ,....., Members of the Board complained of the 1II811y amendments to the various Ordinances, stating they ~uld like to see them consolidated. Mr. Will1æus, representing Mr. Bohn, Counsel for the District, stated that they were presently working on the codification of all District regu- lations. , j Members of the Board stated they would like to have a target date of the first meeting in January, 1962, for completion. VII. REPORTS DISTRICT MANAGER-ENGINEER OFFICE SITE IMPROVEMENTS Mr. Horstkotte, District Manager-Engineer, reported that work was pro- ceeding as authorized for improvement of the District office site property. He requested authorization to file a Notice of Completion for the fence work and to make pçment at the end of the lien period. It was moved by Member Gibbs, secomed by Member Bowman, that the fence work by San Jose Steel C~ be accepted and that a Notice of Completion be filed and payment in full be made at the end of the lien period. Carried by the following vote: ~ AIlS t, Members: Gibbs, Salfingere, Bowman and Hi tchell J«)ES: Members: None ABSENT: Member: Roemer '. , AUTHORIZATION FOR REPAIROO PRESSURE LIB OVER C1WUI!'.S HILL Mr. Horstkotte requested authorization to spend up to $1,000.00 to repair approximately 30 to 40 feet of pressure line over Charles Hill. He stated that the pipe originally installed was of the type with a limited life due to. planned changes at the Orinda Pumping Stations. He further stated that it was his plan to proceed with the modifica- tions of the Upper and Lower Orinda Pumping Stations next year and post- 05 18 61 86 pone work for enlargement of the Treatment Plant until the now is close to 11 mgd. It was moved by Member Salfingere, secorded by Member Bowman, that $1,000.00 from Sewer Construction General Funds be authorized to repair the l8-inch line over Charles Hill. Carried by the fo11owing vote: AYES: NOES: ABSENT: Members : Members : Member: Gibbs, Salfingere, Bowman and Mitchell None Roemer PENALTY ORDINANCE Member Bowman questioned Mr. Horstkotte and Mr. Williams, representing Mr. Bohn, Counsel for the District, relative to the penalty ordinance for failure to take out a District permit prior to commencing work. The several problems involved were discussed. ~ The matter was referred to the District staff to work out alternative means of implementing the penalty proviSions for failure to take out permit as required. COUtm:L FOR THE D1BTRIC'l' HOBBS SHORE LITIGATION Mr. Williams, representing Mr. Bohn, Counsel for the District, re- ported that the decision in the Hobbs Shore case regarding McGuire and Hester work on the Outfall Sewer, Schedule II, was in favor of the District and the balance of $4,797.h6 due to McGuire and Hester could now be paid. It was moved by Member Salfingere, seconded by Member Bowman, that the final payment of $4,797 .h6 due McGuire and Hester for Outfall Sewer, Schedule II, work be paid. Carried by the following vote: AYES: NOES: ABSENT : Members: Members: Member: Gibbs, Salfingere, Bowman and Mitchell None Roemer VALIDITY OF CONNECTION CHARGES ~ Mr. Williams stated that Mr. Robert Anderson, Special Counsel for the City of Livermore, has requested the California Sanitary District's Associa- tion to assist in filing a brief with the State Supreme Court in the matter involving the Associated Home Builders of the Greater East Bay vs. the City of Livermore to determine the validity of connection charges to a sanita~ sewer system. VIII. ADJOURNMENT At 11:00 o'clock P.M., the meeting was adjourned by President Mitchell to June 1, 1961. ~izv Pres den 0 the District Board of the Central Contra Costa Sanita~ District of Contra Costa County, State of California COUNTERSIGNED : ~ ~~7&of the Central Contra Costa San1~ District of Contra Costa County, State of California 05 16 61