HomeMy WebLinkAboutBOARD MINUTES 01-06-66
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MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD JANUARY 6, 1966
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
January 6, 1966, at 8:00 o'clock P.M.
The meeting was called to order by President Mitchell.
I.
ROLL CALL
PRESENT:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
ABSENT:
Members:
None
II.
APPROVAL OF MINUTES
The Minutes of the meeting of December 16, 1965, were approved as presented.
III.
APPROVAL OF EXPENDITURES
It was moved by Member Roemer, seconded by Member Rustigian, 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 2031 to 2050, inclusive, and Running
Expense Vouchers Numbers 8110 to 8326, inclusive. Carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
IV.
BIDS
None.
V.
OLD BUSINESS
None.
VI.
NEW BUSINESS
REQUEST OF DR. GEROW FOR AUDIENCE
Member Roemer stated that he had talked with Dr. Gerow and he will wait
until the work protest hearing for Local Improvement District No. 45, Schedule 1.
Mr. Horstkotte, District Manager-Engineer, explained, with drawings on the
blackboard, the protest of Dr. Gerow.
Mr. Horstkotte explained that, although the area intended for Dr. Gerow's
connection was subject to slides due to filled ground, the sewer connection he
indicated could be made without creating added problems.
Dr. Gerow was requesting District participation in his side sewer cost to
connect at another location.
REQUEST OF MR. RICHARD JOHNSON, DANVILLE, ATTORNEY FOR H. E. JOHNSON CONSTRUCTION
CO., THAT THE DISTRICT ACCEPT H. E. JOHNSON CONSTRUCTION CO. 's LETTER DATED
NOVEMBER 19, 1965, REQUESTING EXTRA COMPENSATION, AS A PROPERLY FILED CLAIM
Mr. Horstkotte, District Manager-Engineer, and Mr. Bohn, Counsel for the
District, stated that the claim of H. E. Johnson Construction Co. was in letter
form; it should really have been a properly prepared legal claim. However, it
was determined that the claim, as presented would be considered as properly filed
as a matter of form to save Mr. Richard Johnson the work of having to put the
claim in proper text. This action is not to be considered as an indication of
any change in claims for extra compensation.
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66
Upon the recommendation of Mr. Bohn, Counsel for the District, it was
moved by Member Howard, seconded by Member Rustigian, that the letter from
H. E. Johnson Construction Co. requesting extra compensation be accepted as
being properly presented and filed. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
Mr. Horstkotte stated that this request for extra compensation had been
reviewed and answered by letter dated December 2, 1965, in which a minor
portion was allowed with a large majority being denied.
QUIT CLAIM DEED TO JAMES E. BLADES, LOCAL IMPROVEMENT DISTRICT NO. 44,
SCHEDULE 6, PARCEL 8
Mr. Horstkotte, District Manager-Engineer, stated a new easement was
being obtained, quitclaiming the existing easement.
It was moved by Member Rustigian, seconded by Member Gibbs, that the
President and Secretary be authorized to execute the Quit Claim Deed to
James E. Blades, Parcel 8 of Local Improvement District No. 44, Schedule 6.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
SETTLEMENT OF TAGG-LEAL CLAIMS
Mr. Horstkotte, District Manager-Engineer, stated that Mr. Tagg and Mr.
Leal were owner and tenant of a home in which the sewer backed up and caused
damages.
The District's insurance carrier settled the claims for damage in the
amounts of $550.00 for Tagg and $750.00 for Leal, and their letter of
December 14,1965, requested that the District remit the $500.00 deductible
amount specified in the insurance policy.
It was moved by Member Roemer, seconded by Member Howard, that the
District pay to Fireman's Fund insurance the $500.00 deductible amount
provided in the insurance policy as the District's share of the settlement
of the Tagg and Leal claims. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
UNITED CRUSADE AWARD
Letter from the United Crusade was read relative to the award for the
District's improvement over previous years in the United Crusade fund drive.
LETTER FROM THE DUFFEL-SMOOT COMPANIES OFFERING TO SETTLE FEES FOR CREEKSIDE
NORTH CONDOMINIUM
Mr. Horstkotte, District Manager-Engineer, read a letter from The Duffel-
Smoot Companies offering to settle Creekside North condominium 90% balance due
on connection charges in the amount of $9,004.72 and service charges and
penalties due to December 31, 1965, in the amount of $2,765.66 for a total due
as of December 31, 1965, of $11,770.38.
The settlement offered was to apply the $6,600.00 credit the District
is holding in a rebate account due them and accept a note for $4,000.00 due
in April, 1966, a total of $10,600.00.
01
06
66
After discussion, it was moved by Member Gibbs, seconded by Member
Rustigian, that, upon the approval of Duffel-Smoot Companies, the $6,600.00
rebate in the account for Creekside Drive, Job 788, shall be credited to the
Creekside North condominium account and the service charge reduced by a
corresponding amount as of the date of rebate credit, and the matter referred
to Mr. Bohn, Counsel for the District. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
MR. AND MRS. HUGH F. MACINTYRE'S CLAIM FILED BY RICHARD F. SWISHER, ATTORNEY
Mr. Horstkotte, District Manager-Engineer, stated that this claim had
previously been filed by Mr. MacIntyre in letter form and denied by the
District Board and referred to the District's insurance carrier.
It was moved by Member Roemer, seconded by Member Howard, that the claim
of Mr. and Mrs. Hugh F. MacIntyre filed by Mr. Richard F. Swisher, attorney,
be denied and referred to the District's insurance carrier. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
CLAIMS FOR DAMAGES
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
Mrs. D. E. Crewdson
Mr. Horstkotte, District Manager-Engineer, stated that the claim was for
Roto Rooter service to clear a plugged line and was in the amount of $17.00.
Upon the recommendation of Mr. Horstkotte, District Manager-Engineer, it
was moved by Member Rustigian, seconded by Member Gibbs, that $17.00 be paid
to Mrs. D. E. Crewdson for Roto Rooter service due to a plugged sewer after
receipt of a signed Release in Full Settlement and Compromise. Carried by
the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
Mrs. G. W. Stanton
Mr. Horstkotte stated that the claim of Mrs. G. W. Stanton was the result
of the sewer backing up and damaging a rug and pad in her home; the claim
being for cleaning and relaying the rug and pad in the amount of $52.68.
Upon the recommendation of Mr. Horstkotte, District Manager-Engineer, it
was moved by Member Gibbs, seconded by Member Howard, that the claim of Mrs.
G. W. Stanton, as a result of sewage backing up into her home, be settled in
the amount of $52.68 after receipt of a signed Release in Full Settlement and
Compromise. Carried by the following vote:
AYES:
NOES:
ABSENT:
01
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Members:
Members:
Members:
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Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
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ACCEPTANCE OF EASEMENT FROM NUCLEAR ENGINEERING CO.
It was moved by Member Howard, seconded by Member Rustigian, that the
easement from Nuclear Engineering Co. be accepted and its recording ordered.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
VII.
REPORTS
DISTRICT MANAGER-ENGINEER
PRINT MACHINE
Mr. Horstkotte, District Manager-Engineer, requested authorization to
purchase a print machine at a cost of $4,540.40.
Mr. Horstkotte stated that the present machine is ten years old and
is getting more costly to operate.
Member Gibbs stated that he would like to see a financial analysis to
substantiate the need for replacement at this time.
After discussion, Mr. Horstkotte, District Manager-Engineer, stated
that the staff would submit to the District Board at its meeting on
February 3,1966, an analysis to substantiate the need for replacement at
this time.
PROPOSED LOCAL IMPROVEMENT DISTRICT
Mr. Horstkotte, District Manager-Engineer, presented a map of the Orinda
Uplands area on which had been indicated an area for a Local Improvement
District, along with a Letter of Necessity from Dr. Blum, County Health
Officer.
Mr. Horstkotte stated that the proceedings would have to fall under
Section 2804 of the Streets and Highways Code which provides for a 60%
sign-up of area.
Members of the Board discussed the large acreages included in the area
and what abatement action the County Health Department had taken.
After discussion, Members of the Board felt there should be a greater
interest shown by more property owners than exists at the present time
before proceeding with an assessment district.
Mr. Horstkotte stated that the Junior College area assessment district
would have to proceed under Section 2804.
After discussion, the Members of the Board did not feel that this area
was comparable to the Orinda Uplands area and had no objection to proceeding.
LOCAL IMPROVEMENT DISTRICT NO. 44, SCHEDULES 5,6 AND 7
Mr. Horstkotte reported on the work in Local Improvement District No. 44,
Schedules 5,6 and 7, and stated that he had worked with Mr. Wilson, attorney
for Local Improvement District No. 44, relative to withhold notices filed
against H. E. Johnson Construction Co. for the work.
COUNSEL FOR THE DISTRICT
BASSETT CLAIM, LOCAL IMPROVEMENT DISTRICT NO. 45
Mr. Bohn, Counsel for the District, reviewed the Bassett claim in Local
Improvement District No. 45 which had been referred to him to work out a
settlement.
Mr. Bohn requested authorization to settle the Bassett claim for up to
$2,000.00.
President Mitchell asked if a claim had been filed in the sum of $2,000.00.
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66
172
Mr. Bohn reported that a letter from Mr. redder, attorney for Dr. and
Mrs. Bassett, set forth the claim of $2,000.00.
It was moved by Member Gibbs, seconded by Member Rustigian, that Mr.
Bohn, Counsel for the District, be authorized to settle the Bassett claim
for up to $2,000.00. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Rustigian, Howard, Roemer and Mitchell
None
None
OPINION RE REQUIREMENTS FOR PUBLIC MEETINGS AND EXCEPTIONS THERETO
Mr. Bohn, Counsel for the
President Mitchell and Members
his opinion "RE: Requirements
as pertaining to the so-called
District, presented a letter addressed to
of the Board of Directors, setting forth
for Public Meetings and Exceptions Thereto"
"Brown Act".
BOARD OF DIRECTORS OF CALIFORNIA SANITARY AND SANITATION DISTRICTS
ASSOCIATION MEETING
President Mitchell discussed with Mr. Bohn and Mr. Horstkotte matters
that should be brought up and discussed at the meeting of the Board of
Directors of the California Sanitary and Sanitation Districts Association
at Santa Barbara the weekend of January 21, 1966.
VIII.
ADJOURNMENT
At 10:10 o'clock P.M., the meeting was adjourned by President Mitchell
to January 13,1966.
President of e District Board of the
Central Co a Costa Sanitary District of
Contra Costa County, State of California
COUNTERSIGNED:
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~ary of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
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