HomeMy WebLinkAboutBOARD MINUTES 07-20-67
1.b
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD JULY 20, 1967
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 July 20, 1967, at 8:00 o'clock P.M.
The meeting was called to order by President Gibbs.
I.
ROLL CALL
PRESENT:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
ABSENT:
Members:
None
II.
APPROVAL OF MINUTES
It was moved by Member Mitchell, seconded by Member Allan, that the
Minutes of the July 13, 1967, meeting be approved subject to eliminating the
following paragraph under "VI. OLD BUSINESS. DISCUSSION OF MARTINEZ SEWER
REPORT":
"Board Members stated they were not happy with the way the contract with
the City of Concord has worked out and, as a policy matter, would not favor
contracting for sewage disposal for others."
Motion amending Minutes carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
III.
APPROVAL OF EXPENDITURES
None.
IV.
HEARINGS
DELINQUENT SEWER SERVICE CHARGES (CONTINUED)
President Gibbs opened the continued Hearing for the collection of delin-
quent sewer service charges on the tax roll.
The Board Members discussed the protest of Mr. Chase who requested, at
the July 6, 1967, Hearing, that he be relieved of the penalty charges on the
delinquent sewer service charges because of his not being notified of the
service charge from the time of purchase of the property until he had received
the notice to place it on the tax roll. Service charge accounts 101-WC and
l26-WC.
The staff recommendation was to relieve Mr. Chase of payment of penalties
for delinquent sewer service charges on accounts 101-WC and l26-WC.
It was moved by Member Mitchell, seconded by Member Rustigian, that
penalties for delinquent amounts on sewer service charge accounts 101-WC and
l26-WC be waived. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
Mr. Robert S. Misrach protested that on purchase of property representing
sewer service charge account l39-WC he had no knowledge of the service charge
until he received a notice to place delinquencies on the tax roll.
This matter was discussed and explained to Mr. Misrach by the District
Board and Mr. Bohn, Counsel for the District.
07
20
67
i~
After discussion, it was moved by Member Mitchell, seconded by Member
Allan, that the payment of penalties for sewer service charge account l39-WC
by Mr. Misrach be waived. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
There being no further protests, President Gibbs closed the Hearing.
RESOLUTION NO. 1739, A RESOLUTION AUTHORIZING THE COLLECTION OF DELINQUENT
SEWER SERVICE CHARGES ON THE TAX ROLL
It was moved by Member Mitchell, seconded by Member Rustigian, that
Resolution No. 1739 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
V.
BIDS
DISTRICT SEWERING PROJECTS 1379 & 1474
Bids, opened at 2:00 o'clock P.M. this day, were presented as follows:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Vukasin-Edwards
Ernest Pestana
Sub-Surface Pipeline Inc.
McGuire and Hester
Stockton Construction Co.
Valley Engineers
Bepco Inc.
M.G.M. Construction
B & R Pipeline
W. H. Erbert Corp.
$259,901. 00
261,600.76
264,444.93
269,843.75
280,974.50,
285,436.05
289,022.50
305,670.96
308,087.50
329,196.00
On the recommendation of Mr. Horstkotte, General Manager-Chief Engineer,
it was moved by Member Rustigian, seconded by Member Allan, that the contract
for District Sewering Projects 1379 and 1474 be awarded to Vukasin-Edwards
on their low bid. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
VI.
OLD BUSINESS
MARTINEZ ANNEXATION CONTRACT
President Gibbs stated that City of Martinez officials asked to be placed
on the agenda to discuss with the District Board whether the May 4, 1966,
Agreement for annexation would be considered by the District Board and, if not,
would the District enter into a similar agreement for annexation of the City
of Martinez and provide sewer service.
Mr. Bohn, Counsel for the District, stated that it was his opinion that
the Agreement of May 4, 1966, was not now in effect and he was sure Mr. Hoey,
attorney for the City of Martinez, would agree.
Mayor Travers stated that it was the obligation of the City Council to
explore all means of saving the Federal grant.
Board Members asked if this meant taking additional steps for annexation.
Mr. Hoey. attorney for the City of Martinez, stated it was.
President Gibbs stated this would mean that the District Board would have
to reconsider a contract pending annexation.
Mayor Travers asked the Members of the District Board if they would re-
quire an election for annexation and if a new Agreement would be entered into.
07
;¿o
67
2tJ
Mr. Bohn stated that, if the City again wished to annex, the same pro-
ceedings as before would have to be followed: first, action by the City
Council; then to The Local Agency Formation Commission; then to the District
Board.
RESOLUTION NO. 1737, A RESOLUTION STATING THAT THE DISTRICT BOARD WAS NOT
IN FAVOR OF CONSIDERING ANNEXATION OF THE CITY OF MARTINEZ WITHOUT AN
ELECTION AND ALL COSTS OF SAID ANNEXATION PROCEEDINGS TO BE PAID FOR BY
THE CITY
After discussion, it was moved by Member Roemer, seconded by Member
Mitchell, that Resolution No. 1737 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
The Members of the District Board discussed a new contract with the City
of Martinez.
Board Members discussed available finances, stating that since the annexa-
tion had failed, the District had made financial commitments that may have
lessened the amount of participation on a new contract. A study of District
finances would have to be made.
The Board discussed City participation with funds by General Obligation
Bonds or Assessment District under the 1913 and 1915 Acts.
Board Members also discussed a new estimate of costs for the project and
the increase due to inflation.
Mr. Horstkotte, General Manager-Chief Engineer, reviewed what he felt
should be some of the changes in a new contract and suggested the staff work
out a new contract for review by the District Board.
President Gibbs stated that all the facts should be spelled out for the
voters.
Mr. Bohn stated that a contract would be substantially the same as the
first contract, with modifications.
RESOLUTION NO. 1738, A RESOLUTION STATING THE DISTRICT BOARD WOULD CON-
SIDER A SIMILAR TYPE OF CONTRACT FOR ANNEXATION OF THE CITY OF MARTINEZ
AS THE MAY 4, 1966, AGREEMENT
After discussion, it was moved by Member Mitchell, seconded by Member
Roemer, that Resolution No. 1738 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
The following City officials thanked the District Board for its considera-
tions:
Mayor Travers
Vice Mayor Sparacino
City Attorney Francis Hoey
Acting City Manager Satre
Continued to August 3, 1967.
ORDINANCE 68, AN ORDINANCE AMENDING SECTION 9-110 OF THE DISTRICT CODE
RELATING TO UNIFORM REBATE FEES
It was moved by Member Mitchell, seconded by Member Roemer, that
Ordinance 68 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
or¡
20
67
21
"ORDINANCE NUMBER 68
"AN ORDINANCE AMENDING SECTION 9-110
OF THE CODE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
RELATING TO UNIFORM REBATE FEES
"SECTION 1.
"Section 9-110 of the Code of the Central Contra Costa Sanitary
District is hereby amended to read as follows:
"Sec. 9-110.
Uniform rebate fees.
"(a) The board finds that the cost of installation of main
sewers is generally determined by the density of land use and conditions
of terrain and that the fixing of rebate fees upon the basis of the density of
of land use and said conditions of terrain is generally the most equitable
method of charging for a direct connection to a rebate sewer. Therefore,
density of use together with conditions of terrain have been made the basis
for fixing the class of rebate fees set forth in the following sub-section
(b). However, the board recognizes that these conditions are not the only
basis for determining rebate fees in every case, and therefore recognizes
and authorizes exceptions to be made by the engineer as follows:
"The engineer may apply a class of rebate fees other than
that dictated by density of use and conditions of terrain where a different
application is justified in the opinion of the engineer by the total cost
of sewer installation or the class of rebate fees charged in adjacent sewer
areas.
lI(b)
The uniform rebate fees are classified and established as
follows:
"(1) Class I - High density residential or commercial:
commercial: $650.00 per unit of use including $80.00 for
district administration.
"(2) Class II - Medium density residential or commercial:
$1,000.00 per unit of use including $80.00 for district
administration.
"(3) Class III - Low density residential or commercial;
level terrain: $1,400.00 per unit of use including $80.00
for district administration.
"(4) Class IV - Low density residential or commercial;
rolling terrain: $1,700.00 per unit of use including $80.00
for district administration.
"(5) Class V - Low density residential or commercial;
steeper terrain: $2,000.00 per unit of use including $80.00
for district administration.
"(6) Class VI - Multi-family residential or any commercial
property where there is no uniformity in land use development,
or industrial uses: $12.00 per front foot including $1.55 for
district administration, or $0.06 per square foot of served
property including $0.01 for district administration as deter-
mined by the engineer.
"(c) The uniform rebate fees fixed in subsection (b) of this
section apply to every rebate line whether existing or installed at some
future date. However, the amount of recovery which an installer is entitled
to on or before July 6, 1967, shall not be adversely affected by this
ordinance.
"SECTION 2.
Publication and Effective Date.
"This ordinance shall be a general regulation of the District and shall
be published once in the Contra Costa News Register, a newspaper of general
circulation, published and circulated in the Central Contra Costa Sanitary
District and shall be effective upon expiration of the week of publication.
07
20
67
22
"PASSED AND ADOPTED by the Board of Directors of the Central Contra
Costa Sanitary District on the 20th day of July, 1967, by the following vote
to wit:
"AYES: Members:
NOES: Members:
ABSENT: Members:
"/sl Charles J. Gibbs
President of the District Board of
the Central Contra Costa Sanitary
District of Contra Costa County,
State of California
"COUNTERSIGNED:
"/sl Claude M. McPhee
Secretary of the District Board of
the Central Contra Costa Sanitary
District of Contra Costa County,
State of California"
VII.
NEW BUSINESS
ACCEPTANCE OF EASEMENTS
It was moved by Member Allan, seconded by Member Rustigian, that ease-
ments from Walter Frey, Roundhill Estates, Western Title Guaranty Co.,
Leatherman Builders, Inc., Robert J. Leone, Frank J. Byington, The Osmundsen
Company and Roger W. Souza be accepted and their recording ordered. Carried
by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
REQUEST OF PACIFIC GAS & ELECTRIC CO. FOR JOINT COST AGREEMENT FOR FACILITIES
WEST OF ST. MARY'S ROAD, MORAGA
Mr. Horstkotte, General Manager-Chief Engineer, presented a letter from
Pacific Gas & Electric Co. requesting participation in correcting a drainage
problem on facilities jointly owned by the District and Pacific Gas & Electric
Co. District's share, $1,375.00. Mr. Horstkotte explained the problem and
recommended District participation.
It was moved by Member Rustigian, seconded by Member Allan, that the
District participate up to $1,375.00 with Pacific Gas & Electric Co. for
correction of a drainage problem, set forth in their letter of July 11,1967.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
TREATMENT PLANT PURCHASE, 79+ ACRES
Mr. Horstkotte, General Manager-Chief Engineer, presented a map which
showed the location of easements which were set forth in the title report and
are conditions that go along with the land purchase.
Mr. Horstkotte stated that the Engineering Department had reviewed the
easements and all are without problems for District use except one down the
middle, a gas line owned by Lark Corp., a subsidiary of Southern Pacific Co.
Mr. Horstkotte stated that the District may have to negotiate a reloca-
tion at a future date.
07
20
67
2:1
Mr. Horstkotte recommended that the purchase be made with the conditions
set forth in the title report. Mr. Horstkotte stated this had been reviewed
by Mr. Carniato, representing Mr. Bohn, Counsel for the District.
Mr. Horstkotte stated the Deed and escrow instructions are ready, calling
for payment of $235,600.00 plus $965.00 title insurance, a total of $236,565.00.
It was moved by Member Allan, seconded by Member Rustigian, that the Deed
to 79+ acres at the Treatment Plant from Baker et al be accepted, its recording
ordered, and that $236,565.00 in payment be deposited with the title company.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
CANCELLATION OF ASSESSMENT NO. 42-12-14
Mr. Horstkotte, General Manager-Chief Engineer, reported that clerical
misprision had been made on Assessment No. 42-12-14.
After the bonds had been sold, the owner asked if he could pay the assess-
ment ($1,042.00). Mr. ERnest Wilson, Attorney for Local Improvement District
No. 42, was contacted and he made arrangements with the purchaser of the bonds
to accept the $50.00 penalty for prepayment and Bond No.2 was cancelled.
Assessment No. 42-12-14 was not removed from the unpaid list filed with the
County and the property owner paid the principal and interest installments on
his tax bill for years 1964-65, 1965-66 and 1966-67 in the total sum of $321.83.
Also, the interest to maturity in the sum of $316.84 must be paid to the
County Auditor's office by the District.
The Resolution to correct this error calls for the District to pay to
the County $316.84 interest to maturity of the bond cancelled; the District
to receive from the County the $321.02 collected on the tax roll, and the
District to pay to the property owner the $321.83 collected in error.
RESOLUTION NO. 1740, A RESOLUTION CANCELLING L.I.D. 42-12-14 ASSESSMENT,
LOCAL IMPROVEMENT DISTRICT NO. 42
It was moved by Member Rustigian, seconded by Member Roemer, that
Resolution No. 1740 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
MATTERS FROM THE FLOOR
1967-68 BUDGET
President Gibbs asked about the 1967-68 Budget.
Member Allan stated that he and Member Rustigian were still working on
personnel requirements.
Member Mitchell stated that he and Member Roemer have reviewed the Budget
with Mr. Horstkotte.
Mr. Horstkotte stated that the 1967-68 Budget would be on the agenda
August 3,1967, and should be acted on at that time.
COMPLAINTS RE MINER ROAD DETOUR
President Gibbs stated that he had been receiving complaints relative
to detour on Miner Road for Local Improvement District No. 47 work.
Mr. Horstkotte, General Manager-Chief Engineer, stated this was a
necessity and the District had issued press releases. Detour has been approved
by the County.
07
') ",
,~¿} ~, .~
¡ft .~'
~) "
21:
VIII.
REPORTS
GENERAL MANAGER-CHIEF ENGINEER
STORM DAMAGE CLAIM, ROBERT OMO
Mr. Horstkotte, General Manager-Chief Engineer, presented a claim from
Robert Omo in the sum of $317.22 as the result of an overflow January 21, 1967.
Mr. Horstkotte explained that the insurance company had settled for carpet
damage in the amount of $1,500.00 which was included along with other claims
in the Lafayette Plaza area on the same date.
A letter from Mr. Jack Hageman, Robert Omo's insurance carrier, stated
the District's insurance carrier had referred the $317.22 to the District.
The District paid the $500.00 deductible to the insurance company who
settled several claims in the area and considered it one occurrence.
Mr. Horstkotte recommended payment.
It was moved by Member Mitchell, seconded by Member Rustigian, that the
claim of Robert Omo in the sum of $317.22 be paid subject to the approval
of Mr. Bohn, Counsel for the District, and after receipt of signed Release
in Full Settlement and Compromise. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
SEWER CONSTRUCTION AUTHORIZATIONS
Mr. Horstkotte requested the following closing authorizations from Sewer
Construction funds:
Lincoln Avenue Sewer Replacement
District Expense, Diablo Road, D.S.P. 1464
Office Site Grading
Outfall I Inspection
Outfall I Engineering
District Expense, Brown and Caldwell Report
$ 120.61
2,355.62
342.10
1,321. 03
361. 68
83.23
$4,584.27
It was moved by Member Mitchell, seconded by Member Allan, that $4,584.27
be authorized from Sewer Construction funds for Lincoln Avenue Sewer Replace-
ment, District Expense, Diablo Road, D.S.P. 1464, Office Site Grading, Outfall
I Inspection, Outfall I Engineering, and District Expense, Brown and Caldwell
Report. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
Mr. Horstkotte requested authorization from Sewer Construction funds for
engineering and inspection for District Sewering Project 1453, Bancroft Road
Sewer, in the sum of $2,500.00.
It was moved by Member Mitchell, seconded by Member Rustigian, that
$2,500.00 be authorized from Sewer Construction funds for District Sewering
Project 1453, Bancroft Road Sewer. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
Mr. Horstkotte stated that $6,000.00 had previously been authorized from
Sewer Construction funds for Line C-l and District Sewering Project 1379, and
he requested an additional $19,000.00.
It was moved by Member Allan, seconded by Member Mitchell, that $19,000.00
be authorized from Sewer Construction funds for Line C-l and District Sewering
Project 1379. Carried by the following vote:
, '
".è.,,'
\,)
-
2Ú
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
WORK IN PROGRESS
Mr. Horstkotte reported on the work in progress
CORRESPONDENCE RE WILLIAM D. ALSTRAND. JR., SENIOR PERMIT TECHNICIAN
Mr. Horstkotte read a letter from Mr. Philip M. Lehrman commending
Mr. Alstrand on his handling of the Permit Department.
COUNSEL FOR THE DISTRICT
H. E. JOHNSON CO. LITIGATION
Mr. Bohn, Counsel for the District, reported on the Johnson litigation.
Mr. Bohn stated that both sides are now getting into a reasonable area
for settlement and Mr. Bohn asked for authority to negotiate for a settlement
he could submit to the District Board for approval.
It was moved by Member Roemer, seconded by Member Rustigian, that Mr. Bohn
be authorized to negotiate a settlement that he felt he could recommend to the
District Board. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
Mr. Horstkotte, General Manager-Chief Engineer, commended Mr. Bohn and his
staff for the manner in which the Johnson litigation has been handled.
MARVIN DICKENSON ACCIDENT
Mr. Bohn discussed with the Board Members the Marvin Dickenson accident.
IX.
ADJOURNMENT
At 11:10 o'clock P.M., the meeting was adjourned by President Gibbs to
August 3, 1967.
¿ k~,~£;~,/æ?Y
President of the District Board of the
Central Contra Costa Sanitary District
Contra Costa County, State of California
COUNTERSIGNED:
...-'
. L-."-/-' /: ~-
(,~~../ ;,... "":<'-'--
Secr~y of the District Board of the
Central C6ntra Costa Sanitary District of
Contra Costa County, State of California