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Home My WebLink AboutBOARD MINUTES 11-07-63 1'9 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT . HELD NOVEMBER 7, 1963 The District Board of Central Contra Costa Sanitary District convened in a Regular Session at its regular place of zœeting located at 1250 Spring- brook Road, Walnut Creek, County of Contra Costa, State of California, on November 7,1963, at 8:00 o'clock P.M. The meeting was called to order by President Mitchell. I. ROLL CALL PRESENT: Members: Gibbs, Roemer, Bowman and Mitchell ABSENT: Member: Fisher II. APPROVAL OF MINUTES It was moved by Member Gibbs, seconded by Member Bowman, that the Minutes of the meeting of October 17, 1963, be amended by adding under IIII. APPROVAL OF MINUTES" the following amendment to the Minutes of October 3, 1963: The second paragraph under "VII. REPORTS, COUNSEL FOR THE DISTRICTII shall read: IIORDINANCE 50, CODIFICATION OF DISTRICT ORDINANCES "The title of Ordinance 50 was read for the first tiIœ as follows: IIAN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CODIFYING AND COMPILING THE EXISTING ORDINANCES OF THE DISTRICT AND ADOPTING THE CODIFICATION AND COMPILATION BY REFERENCE AS THE 'CENTRAL CONTRA COSTA SANITARY DISTRICT CODE'." "Whereupon the following Resolution was introduced by Member Roemer: "RESOLUTION NO. 1385, A RESOLUTION SCHEDULING A PUBLIC HEARING ON ORDINANCE 50 OF THE CENTRAL CONTRA COSTA SÀNITARY. DISTRICT WHICH ADOPTS BY REFERÈNCE THE COMPILATION AND CODIFÍèATÎON OF THE EXISTIID: ORDINANCES OF THE DISTRICT UNDER TIÛ: TIlÛ: OF . 'cENTRAL ðONTRA COSTA SANITARY DISTRICT CODE 1 . " "It was moved by Member Roerœr, seconded by Member Fisher, that Resolution No. 1385 be adopted. Carried by the following vote: "AYES: Members: Gibbs, Roemer, Fisher, Bowman and Mitchell NOES: Members: None ABSENT: Members: None" Motion amending Minutes carried by the following vote: AYES : Members: Gibbs, Roemer, Bowman and Mitchell NOES: Members: None ABSENT: Member: Fisher III. APPROVAL OF EXPENDITURES It was moved by Member Bowman, seconded by Member Gibbs, that the expenditures, 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 1654 to 1670, inclusive, and Running Expense Vouchers Numbers 2656 to 2872, inclusive. Carried by the following vote: AYES: Members: Gibbs, Roemer, Bowman ani Mitchell NOES: Members: None ABSENT: Member: Fisher ,11 07 63 "1 ~o IV. BIDS None. V. OLD BUSINESS None. VI. NEW BUSINESS CLAIM FOR DAMAGES, PAUL C. JONES Mr. Horstkotte, District Manager-Engineer, presented the claim of Mr. Paul C. Jones in the sum of $43.25, explaining that it was the result of roots in the sewer line causing a back-up into the Jones home. Correspondence dated October 25,1963, from the District's insurance carrier recommended that the claim be denied. Mr. Horstkotte stated that it was the District staff's and Counsel for the District's recommendation that the claim be paid. It was moved by Member Roemer, seconded by Member Gibbs, that the claim of Paul C. Jones in the sum oJ: $43.25 be paid after receipt of a signed Release in Full Settlement and Compromise. Carried by the following vote: AYES: Members: Gibbs, Roemer, Bowman and Mitchell NOES: Members: None ABSENT: Member: Fisher PLANS AND SPECIFICATIONS FOR SEWERING OF SAN RAMON VALLEY HIGH SCHOOL, WATERSHED 35 NORTH - Mr. Horstkotte, District Manager-Engineer, reported that the San Ramon Valley High School District had requested that the Sani~ District prepare plans and specifications to sewer a new school in the Watershed 35 North area and also requested the application oJ: Ordinance 35. Upon the recommendation oJ: Mr. Horstkotte, it was moved by Member Bowman, seconded by Member Roemer, that the District staff be authorized to prepare sewering plans and specif'ications for a new school in the Watershed 35 North area J:or the San Ramon Valley High School District and that their request J:or the application oJ: Ordinance 35 be granted. Carried by the J:o11owing vote: AYES: Members: Gibbs, Roemer, Bowman and M1 tchell NOES: Members: None ABSENT: Member: Fisher LETTER FROM GRANITE CONSTRUCTION CO. REQUESTING AN EXTENSION OF TIME TO COMPLETE THE TRUNK SEWER D, SECTIONS 2 THRU 10, WORK - Mr. Horstkotte, District Manager-Engineer, explained that Trunk Sewer D, Sections 2 thru 10, work was 98% complete and that Granite Construction Co. had made an earnest effort to complete the work on time. It was moved by Member Roemer, seconded by Member Gibbs, that the request of Granite Construction Co. for an extension of time J:or Trunk Sewer D, Sections 2 thru 10, work be taken under advisement. Carried by the fo11CMing vote: AYES: Members: Gibbs, Roemer, Bowman and Mitchell NOES: Members: None ABSENT: Member: Fisher AUTHORIZATION FOR MILTON E. ULVI TO APPEAR FOR THE DISTRICT IN THE CASE OF NORMAN RIPLEY VS. C.C.C.S.D. TO GO ON TRIAL JANUARY 29, 1964 It was moved by Member Roemer, seconded by Member Bowman, that Milton E. U1vi, Supervising Maintenance Man, be authorized to appear as the District witness at the Norman Ripley vs. Central Contra Costa Sanitary District trial on January 29, 1964. Carried by the following vote: 11 07 63 j 51 AYES: Members: Gibbs, Roemer, Bowman and Mitchell NOES: Members: None ABSENT: Member: Fis her ATTENDANCE OF TREATMENT PLANT EMPLOYEES AT CALIFORNIA WATER POLLUTION CONTROL ASSOCIATION CONFERENCE Mr. Horstkotte, District Manager-Engineer, requested $38.00 to cover expenses for Treatment Plant employees attending the Calif'ornia Water Pollution Control Association conference in Richmond. It was moved by Member Gibbs, seconded by Member Roemer, that $38.00 for the expenses of Treatment Plant employees attending the Calif'ornia Water Pollution Control Association conference in Richmond be authorized. Carried by the J:o1lowing vote: AYES: Members: Gibbs, Roemer, Bowman and Mitchell NOES: Members: None ABSENT: Member: Fisher ACCEPTANCE OF EASEMENTS It was moved by Member Roemer, seconded by Member Gibbs, that easements from Thomas E. Miles, Joseph Maynard Whalen, Harlan B. Thomas, Department of Veterans AJ:fairs, Scott & Ball, Inc., and Nathan Mann be accepted and their recording ordered. Carried by the following vote: AYES: Members: Gibbs, Roemer, Bowman and Mitchell NOES: Members: None ABSENT: Member: Fisher AUTHORIZATION FOR ADDITIONAL $15,000.00 FOR M. MILLER COMPANY LITIGATION After discussing with Mr. Bohn, Counsel for the District, legal expenses and court costs involved in the M. Miller Company litigation, it was moved by Member Roemer, seconded by Member Gibbs, that up to an additional $15,000.00 be authorized J:rom Sewer Construction Bond Fund for the legal expenses and court costs in the M. Miller Company litigation. Carried by the following vote: AYES: Members: G:ib bs, Roemer, Bowman and Mitchell NOES: Members: None ABSENT: Member: Fisher AUTHORIZATION FOR ADDITIONAL $2,000.00 FOR WATERSHED 35 SOUTH WORK Upon the recommendation of Mr. Horstkotte, District Manager-Engineer, it was moved by Member Bowman, seconded by Member Roemer, that an additional $2,000.00 be authorized from Sewer Construction Funds for Watershed 35 South work. Carried by the following vote: AYES: NOES: ABSENT : Members: Gibbs, Roemer, Bowman and Mitchell Members: None Member: Fisher VII. REPORTS DISTRICT MANAGER-ENGINEER STATUS OF JOBS Mr. Horstkotte, District Manager-Engineer, reported that Trunk Sewer D, Sections 2 thru 10, was 98% complete and that the contractor had run into more rock near the Kaiser property and that Local Improveænt District No. 42 was 85% complete with Line A of Local Improvement District No. 42 having been completed prior to November 1,1963. ADDITIONAL WORK TO BE PERFORMED BY BROWN & CALDWELL Mr. Horstkotte stated that he had met with Brown & Caldwell, as directed, to determine the additional work needed beyond the present agreement. He stated that these were now set forth in a letter from Brown & Caldwell dated November 1,1963, which listed the work and estimated ten additional 11 07 ß~ --------- --------------.- :1 r-')9 . '" """ drawings would be required at a cost of $l2,000.00. The letter also stated that, at theDis trict 's request, resident engineering services would be provided by the District and the present agreement so modified. After discussion, the Board Members agreed to the proposal of Brown & Caldwell and instructed that an agreezœnt be prepared. REBATE LINES ELIMINATED BY LOCAL IMPROVEMENT DISTRICT NO.. 42 WORK Mr. Horstkotte reported that Local Improvement District No. 42 work eliminated two rebate lines and recommended that the two beneJ:iciaries be paid from funds the District is to receive from Local Improvement District No. 42; these amounts were $1,183.00 to Mr. Noble and $222.16 to Foothill Park sub- dividers. It was moved by Member Gibbs, seconded by Member Bowman, that $1,183.00 be paid to Mr. Noble and $222.76 be paid to the subdividers (Marshall & McKinley) of the Foothill Park SUbdivision due to their not being able to collect these rebate amounts because of service to the properties under Local Improvement District No. 42; the funds to be paid J:rom money to be received by the District J:rom Local Improvement District No. 42. Carried by the following vote: AYES: Members: Gibbs, Roemer, Bowman and Mitchell NOES: Members: None ABSENT: Member: Fisher COUNSEL FOR THE DISTRICT M. MILLER COMPANY LITIGATION Mr. Bohn, Counsel for the District, reported that the M. Miller Company trial had been adjourned and that the Judge had expressed the hope that the litigants could work out an equitable settlement. Mr. Bohn discussed with the Members of the Board the possibility of a settlement and the reasons for a settlement at this time. He requested that the Board adjourn until Monday, November 11,1963, at 8:00 o'clock P.M., for further discussion and consideration of his recommendation to either settle or continue. VIII. ADJOURNMENT At 9:50 o'clock P.M., the meeting was adjourned by President Mitchell to November 11,1963. COUNTERSIGNED: . .)2 (' . '?c?- ,--:e~~~.~_ç;~;-L-- Secre a~of the District Board of t e Central Contra Costa Sanitary District of Contra Costa County, State of California 11 0" 63