HomeMy WebLinkAboutBOARD MINUTES 06-06-63
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MTIJUTES OF A REGULAR HEETnm
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD JUNE 6,1963
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
June 6, 1963, at 8:00 o'clock p.r~.
The meeting was called to order by President Mitchell.
I.
ROLL CALL
PRESENT:
Members:
Gibbs, Roemer, Fisher and Mitchell
ABSENT:
Member:
Bowman
II.
APPROVAL OF MI~NUTES
The Minutes of the meeting of May 16,1963, were approved as presented.
III.
APPROVAL OF EXPEND ITURES
It was moved by Member Gibbs, seconded by Member Fisher, that the expendi-
tures, 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 1581 to 1596, inclusive, and Running Expense
Vouchers Numbers 1749 to 1921, inclusive. Carried b:Jr the following vote:
AYES:
NOES :
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Fisher and ~itchell
None
Bowman
IV.
BIDS
LOCAL IMPROVEMENT DISTRICT NO. 42
Bids for Local Improvement District No. 42 work, opened at 2:00 o'clock
P.M. this dateJ were subI~tted to the District Board and were as follows:
1.
2.
3.
4.
5.
6.
Vinnell Corporation
Vincent Rodrigues Construction, Inc.
R. Goold & Son
Prodanovich Inc.
McGuire and Hester
Murphy Bros., Ine.
.$297, t¡22 . 00
35h,996.50
387,572.28
395,553.00
40h,169.00
419,33h.20
}~. Horstkotte, District Manager-Engineer, stated that Vinnell Corpora-
tion, the low bidder, has done w~rk for the District in the past and is well
qualified.
V.
HEARINGS
LOCAL IMPROVErlENT DISTRICT NO. h2, HEARING ON RESOLUTION OF TIJTENTION NO. 1358
President Mitchell opened the Hearing for Local Improvement District No. 42.
In answer to President Mitchell's question, the District Secretary stated
that all affidavits of notice are on file and the Resolution of Consent from the
Board of Supervisors is on file.
President Hitchell asked for written protests relative to the i-rork and
assessments.
~~. Horstkotte, Engineer for the work, presented all i-~itten protests
TNhich were as follows:
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10~.
Assessment No. h2-32-3, Raymond E. Davies
Hr. Horstkotte read Mr. Davies' protest questioning the area of property
used by the District for two sites.
Mrs. Davies asked if the area used by the District was exclusive of the
road area.
}~. Horstkotte stated that the area was re-checked after reeeipt of the
protest and the staff recommends no change in the assessment.
It was moved by Member Roemer, seconded by Member Gibbs, that the protest
of Raymond E. Davies be denied. Carried by the following vote:
AYES :
NOES:
ABSENT:
Members:
Members:
l1ember:
Gibbs, Roemer, Fisher and Mitchell
None
Bowman
Assessment No. 42-8-7, Joseph DeMatteo
11r. Horstkotte read ~~. DeMatteo's protest relative to unusable area of
property due to underground spring and slide area and location of home.
r~. DeMatteo stated that due to the location of his home it would be
difficult to get a building site to the North.
President Mitchell and }~. Horstkotte stated that the assessments are
levied on the land area and the owner, by choice, limits the use of the
property.
~. Horstkotte stated that the staff, upon review, recommends reduetion
of the assessment from a four-site basis to three sites, each being full
units of assessment.
It was moved by r~ember Fisher, seconded by Member Gibbs, that the Joseph
DeMatteo protest be denied and that the staff recommendation of three units of
assessment for three building sites be approved. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Fisher and Mitchell
None
Bowman
Assessment No. 42-16-1, Martin A. Fasching
Assessment No. 42-16-2, William Fette
Assessment No. 42-16-3, John A. Rivera
l1r. Horstkotte stated that these three assessment protests should be
considered together.
}œ. Horstkotte stated that, upon review by the District staff, it is
recommended that the Fasching Assessment No. 42-16-1 be redueed from eight
building sites to six and the units of assessment from five and one-half units
to four; that the Rivera Assessment No. 42-16-3 be reduced from ten building
sites to nine and the units of assessment from three and three-quarters units
to three and one-half, and that the Fette Assessment No. h2-16-2 remain at
ten sites and six and one-quarter units.
It was moved by Member Roemer, seconded by Member Fisher, that the protests
of Martin A. Fasching, Assessment No. 42-16-1, William Fette, Assessment No.
42-16-2, and John A. Rivera, Assessment No. 42-16-3, be denied and that the
staff recommendation to reduce the Fasching Assessment No. h2-l6-l from five and
one-half units to four units be approved and the reduetion of the Rivera
Assessment No. h2-l6-3 from three and three-quarter unj.ts to three and one-
half units be approved. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members: Gibbs, Roemer, Fisher and Mitchell
Members: None
r1ember: Ben-man
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" 11}",..
Assessment No. h2-l7-l, Thelma N. Gleason
Mr. Horstkotte read Mrs. Gleason's letter protesting her Assessment No.
42-17-1 due to the high cost of subdividing.
11r. Horstkotte showed a subdivision layout which he considered practical.
}œs. Gleason stated that the area was too steep to put in a road.
}~. Horstkotte stated that it was the staff's recommendation that the
protest be denied.
It was moved by Member Fisher, seconded by Member Roemer, that the
Gleason Assessment No. 42-17-1 protest be denied. Carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Fisher and Mitchell
None
Bowman
Assessment No. h2-l5-1, Walter Haviside
Mr. Horstkotte read a letter from Mr. Haviside and 8 letter from the County
Planning Commission.
I1r. Horstkotte stated that, upon review, the District staff recommended a
reduction in the number of building sites from nine to seven with the units of
assessment remaining the same, at five and one-half.
It was moved by Member Gibbs, seconded by Member Fisher, that the protest
of Walter Haviside, Assessment No. h2-15-1, be denied and that the staff recom-
mendation to reduce the number of building sites from nine to seven with the
units of assessment remaining at five and one-half be approved. Carried by
the following vote:
AYES:
NOES:
ABSENT:
Members:
Hembers:
l1ember:
Gibbs, Roemer, Fisher and Mitchell
None
Bowman
Assessment No. 42-12-20, Frederick A. Kirsten
Mr. Horstkotte read Mr. Kirsten's letter protesting Assessment No. 42-12-20
because he has no intention of subdividing and, if the property were to be sub-
divided, four lots would be more reasonable than the six assessed.
Mr. Kirsten stated that his letter covered his protest.
It was moved by Member Gibbs, seconded by Member Fisher, that the protest
of Frederiek A. Kirsten be denied. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Fisher and Nitehell
None
Bowman
The Members of the Board explained to the audience that the District Board
and staff are t~JÍng to get an equitable distribution of the assessments and
the present zoning is what they have to work with; they do not take possible
future changes into consideration.
Assessment No. 42-13-4, William D. Lewis
Mr. Horstkotte read a protest letter from Mr. Le~ds.
Mrs. Le~Qs stated that it was very unlikely their property would ever be
divided due to the difficult terrain.
After discussion, the District Board decided that each of the Members who
could should take a look at the property and meet Monday, June 10,1963, for a
final determination.
Assessment No. h2-l8-l, Susanne E. Madson
~~. Horstkotte read Miss Madson's letter protesting the number of assess-
rœnts.
iH~
~. Horstkotte stated that the staff had reviewed the assessment and has
recommended a reduction from eighteen building sites to twelve and units of
assessment from seven to five and o~e-half.
It was moved by Member Fisher, seconded by }1ember Roemer, tha.t the
protest of Susanne E. Madson, Assessment No. 42-18-1, be denied and the staff
recommendation to reduce the units of assessment from seven to five and one-
half be approved. Carried by the following vote:
AYES:
NŒS:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Fisher and Mitchell
None
Bowman
Assessment No. 42-20-1, F. A. Marshall
Mr. Horstkotte read a letter from F. A. Marshall protesting more than
four units of assessment on his property.
1~. ~~rshall stated that he planned on the development of only four sites.
¥æ. Horstkotte stated that the staff, upon review, reduced the number of
building sites from seventeen to fifteen and the units from twelve to ten.
}~. Horstkotte demonstrated on the blackboard the division into sites
as allowed by present zoning.
It was moved by Member Fisher, seconded by Member Gibbs, that the F. A.
Marshall, Assessment No. 42-20-1, protest be denied and that the staff's
reco~~endation of a reduetion from twelve units of assessment to ten be
approved. Carried by the following vote:
AYES:
NOES:
ABSENT:
Hembers:
Members:
Hember:
Gibbs, Roemer, Fisher and Mitchell
None
Bowman
In ans~rer to a question from the audience, Hr. Horstkotte stated that,
wi th the low bid for the work and the adjustment in the assessments, a
red~ction from the preliminary assessment could be expected of from 5% to 10%.
Assessment No. h2-26-8, Marcus Nutting
~œ. Horstkotte read r~. Nutting's protest of the n~~ber of units of
assessment.
}~. Horstkotte stated that, upon review, the staff reeommended a reduction
from six sites to five sites and three and one-half units to three and one-
quarter units of assessment.
It was moved by Hember Roemer, seeonded by Hember Fisher, that the ~~arcus
Nutting, Assessment No. 42-26-8, protest be denied and that the staff's
recommendation to reduce the assessment from three and one-half units to three
and one-quarter units be approved. Carried by the following vote:
AYES:
NOES:
ABSENT:
:Hembers:
Hembers:
Member:
Gibbs, Roemer, Fisher and Hi tchell
None
Bowman
Assessments No. h2-8-l and No. It2-8-2, Marilyn C. Ridgell
Mr. Horstkotte stated that the letter from Hrs. Ridgell, Assessments No.
42-8-1 and rro. 42-8-2, was a request to combine into one assessment, which
the staff has done.
Assessment No. h2-9-h, Edward J. Rowell
Hr. Horstkotte read Hr. Rowell's letter protesting the number of si tas
assessed due to the terrain.
Mr. R. L. Hiller, attorney for }Jr. and !Irs. Rowell, asked }1r. Horstkotte
to explain the number of sites in relation to the terrain.
t04:
Mr. Horstkotte presented a map showing how the property could be divided
into the proposed six sites.
l~. Miller asked to have two copies of the map sent to him.
}~. Horstkotte stated that it was the staff's recommendation that the
protest be denied.
It was moved by l1ember Fisher, seconded by Hember Gibbs, that the protest
of Edward J. Rowell, Assessment No. 42-9-4, be denied. Carried by the following
vote:
AYES:
NOES:
ABSENT:
Hembers :
11embers:
Hember:
Gibbs, Roemer, Fisher and Mitchell
1; one
Bowman
Assessment No. 42-11-5, Carl L. Voight
l~. Horstkotte stated that Mr. Voight had telephoned his protest of the
number of units of assessment and a copy of a letter to ~r. Voight from the
County Planning Commission was presented.
l~. Horstkotte recommended that the Board Members review this property
for final action Monday, June 10,1963.
Assessment No. h2-25-1, Lawrence J. Gomez
Letter from }~. Gomez, protesting the loeation of the sewer line to serve
his property, was presented.
Mr. Gomez was informed that the sewer line could be extended further in
the street to his property line.
It was moved by l1ember Gibbs, seconded by l1ember Roemer, that the protest
of Mr. Gomez, Assessment No. h2-25-l, be denied and the matter be referred to
the District staff for a solution to his problem. Carried b;¡r the following
vote:
NOES:
r1embers:
Hembers:
Hember:
Gibbs, Roemer, Fisher and Mitchell
None
Bowman
AYES:
ABSENT :
Assessment No. 42-23-2, Stanford H. Hhite (Oral)
Mr. w~ite questioned Mr. Horstkotte relative to his service and units of
assessment.
Mr. Horstkotte explained that the staff based the assessment on three
building sites and one and one-half units of assessment. He stated two of
the sites would have to be served by pumping.
Assessment No. 42-11-1, Victor D. Kiernan (Oral)
l~. Horstkotte explained that Mr. Kiernan's protest had been reviewed and
it was the staff's recommendation that the original seven sites and two and
one-quarter units of assessment be redueed to four sites and one and one-half
units of assessment.
It was moved by Member Roemer, seconded by Member Fisher, that the protest
of Mr. Kiernan, Assessment NO. 42-11-1, be denied and the staff's recommendation
to reduce the units of assessment from two and one-quarter to one and one-half
be approved. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Hembers:
Member:
Gibbs, Roemer, Fisher and }1i tehell
None
Bowman
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1~.J5
Assessment No. h2-21-20, Theodore J. Morrissette (Oral)
Mr. Morrissette protested the amount of assessment on his property due to
the terrain.
}~. Horstkotte stated that, upon review, it was the District staff's
recommendation that the Morrissette, Assessment No. 42-21-20, protest be
granted reducing the sites from four to one and units of assessment from
two to one.
It was moved by Member Roemer, seconded by Member Gibbs, that the protest
of ¥æ. Morrissette, Assessment No. 42-21-20, be granted and the assessment be
reduced from two units to one. Carried by the following vote:
AYES: l1embers :
NOES: Members:
ABSENT: Member:
Gibbs, Roemer, Fisher and Mitchell
None
Bowman
Mr. Asaaf of Wilson, Harzfeld, Jones & Morton explained the period during
which cash payments of the assessments can be made.
Assessment No. h2-2h-l, Lorenzo J. Marek (Oral)
Mr. Marek questioned the 2.7 acres used by the District when the Assessor's
records indicate only 1.8h acres for his property.
I1r. Horstkotte stated the staff would re-check and report at the continued
Hearing on Monday, J~~e 10,1963.
There being no further protests, it was moved by Member Fisher, seconded
by Member Roemer, that the Hearing for Loeal Improvement District No. h2 be
closed as to protests and continued to Monday, June 10,1963. Carried by the
following vote:
AYES:
NOES:
ABSENT:
}!embers:
r'!embers :
Hember:
Gibbs, Roemer, Fisher and Mitchell
None
Bowman
RESOLUTION NO. 1368 h A RESOLUTION DETEillUNING TO UNDERTAKE PROCEEDINGS
PURSUANT TO APPROPR TE SPECIAL ASSESSMENT AND ASSESSHENT BOND ACTS OR
OTHER APPROPRIATE PROCEEDING~ FOR THE ACQUISITION AND CONSTRUCTION OF
A SANITARY SETtJERAGE SYSTEM A APPURTENANCES 1rlITHOUT PROCEEDINGS UNDER
DIVISION 4 OF THE STREETS AND HIGHHAYS CODE
It was moved by Member Gibbs, seconded by Member Roemer, that Resolution
No. 1368 be adopted. Carried by the following vote:
AYES: }lembers: Gibbs, Roemer, Fisher and Mitchell
NOES: Members: None
ABSENT: Hember: Bowman
VI. OLD BUS !NESS
None.
VII.
NEil'll BUS TIœSS
SETTlEMENT OF EASE}1ENT PARCEL 17, TfATEHSHED 24 SOUTH
1~. Horstkotte, District Manager-Engineer, reported that easement Parcel
17, Watershed 2h South, eould be settled for $600.00 and it was the staff's
recommendation to accept; pa~rment to be made from funds on deposit by the City
of Martinez assessment district.
It was moved by Member Fisher, seconded by }fember Roemer, that the ease-
ment from John J. Sanko and Earl E. Sanko be accepted, its recording ordered,
and that $600.00 be authorized to be paid from funds on deposit with the District
by the City of ~Iartinez assessment district in full settlement. Carried bv the
following vote: "
AYES:
NOES:
ABSENT :
Hembers:
Members:
}1ember:
Gibbs, Roemer, Fisher and Mitchell
None
Bowman
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lu6
BUDGET COHHITI'EE
President Mitchell appointed Members Fisher and Gibbs as the 1963-1964
Budget Committee.
RESOLUTION NO. 1369, APPOTIJTING DANIEL T. LOPEZ, UTILITY HAH
It was moved by Member Roemer, seconded by Member Gibbs, that Resolution
~o. 1369 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Hembers:
Members:
l1ember:
Gibbs, Roemer, Fisher and ~litchel1
None
Bowman
AUTHORIZING PATIŒNT OF FREIGHT BILLS HHEN DUE
Hr. Horstkotte, District r,'lanager-Engineer, explained that Section 223 of
the Federal C2rriers Act requires that freight charges must be paid ¡.ñthin
seven days from the date the bill is rendered. He requested authorization to
pay these bills when rendered and not along with the monthly bills so as to
comply.
It was moved by Member Fisher, seconded ty Member Gibbs, that, in order
to comply 1dth Section 223 of the Federal Carriers Act, all freight bills shall
be paid at the time the;! are rendered rather than along with the regular bins
each month. Carried by the following vote:
AYES:
NOES:
ABSENT:
Hembers:
Members:
IvIember:
Gibbs, Roemer, Fisher and ~litchell
None
Bo'WI!1an
APPROVAL OF !/JATERSHED STUDY FOR 11]ATERSHED 35 NORTH
It was moved by Member Gibbs, seconded by Member Roemer, that Tvatershed 35
North Study, as set forth in memorandum to the District Board dated May 27,
1963, establishing a watershed charge of $400.00 per acre, be approved. Carried
b;)r the following vote:
AYES:
NOES:
ABSENT:
Nembers:
Members:
11ember:
Gibbs, Roemer, Fisher and Mitchell
None
Bowman
TELFER SZ1,VER CONNECTIOY
Ì~. Horstkotte explained that l1r. Thomas Telfer entered into an agreement
vnth the District in 1951 for annexation to the District ~~thout cost and 9ayment
of only inspection charges for three connections to the District's se~~r system
in exchange for an easement granted.
Mr. Telfer is now connecting a home and expects to be annexed and pay only
permit and inspection fees.
Since the agreement, a connection ctarge Ordinance and watershed charge
are in effect.
After the District staff and Counsel for the District reviewed all information
in the District files, the matter was submitted to r~. John Nejedly, Counsel for
the District at the time, for his opinion relative to the agreement and ~nlat
charges, if any, r~. Telfer might now be responsible for.
Mr. Nejedly's letter to Charles 1"rilliams, representing Mr. Bohn, Counsel for
the District, dated May 28,1963, stated he felt that ltr. Telfer should be allowed
to connect to the District upon the pa:;ment of permit and inspection fees only.
It was moved by Member Gibbs, seconded by }1ember Roemer, that ~1r. Telfer be
permitted to connect to the District sewer system upon the pa~ment of permit and
inspection fees only, in accordance with agreement dated Septenmer 5,1951.
Carried by the following vote:
AYES: Hembers: Gibbs, Roemer, Fisher and Hitchell
NOES: Hembers: None
ABSENT: Hember: Bowman
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LOCAL D-fPROVEHENT DISTRICT NO. h2, EASE~NT PARCEL 20 SETTLE~ŒNT
Hr. Horstkotte, District Hanager-Engineer, requested authortzation to
settle for up to $)00.00 with }IT. and ~s. Liedstrand for a bridge they are
to build across the creek over the pipe in the easement to be granted.
It was moved by Member Roemer, seconded by Member Gibbs, that the District
staff be authorized for up to $500.00 to settle ~~th Mr. and Mrs. Liedstrand for
the bridge they are to build over the pipe in the easement requested of them.
Carried by the foll~dng vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Hember:
Gibbs, Roemer, Fisher and Mitchell
None
Bowman
ACCEPTANCE OF EASEl>1ENTS
It was moved by Nember Fisher, seconded by Member Gibbs, that easements
from Maud L. Thorp and A. Bernard Muth be accepted and their recording ordered.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Fisher Ðnd Mitchell
None
Bowman
VIII.
REP ORTS
DISTRICT MANAGER-ENGINEER
RELOCATION OF SET'lER IN FREITAS ROAD, WATERSHE.D 35 SOUTH
Mr. Horstkotte, District Manager-Engineer, requested authorization of
$5,000.00 from Sewer Construction General Funds to relocate sew~r in
~-Jô.tershed 35 South, Freitas Road.
It was moved by Member Fisher, seconded by Member Gibbs, that $5,000.00
be authorized from Sewer Construction General Funds to relocate se~~r in
Freitas Road, Watershed 35 South. Carried by the following vote:
AYES:
NOES :
ABSENT:
Hembers:
Members:
Member:
Gibbs, Roemer, Fisher and Mitchell
None
Bowman
IX.
ADJ OURN11E NT
At 10:50 o'clock P.lI., the meeting was ad,journed by President J1itchell
to June 10,1963.
COTJNTERS IGNED :
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