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HomeMy WebLinkAboutBOARD MINUTES 05-05-66 ~J1? MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD MAY 5, 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 May 5,1966, at 8:00 o'clock P.M. The meeting was called to order by President Mitchell 1. ROLL CALL PRESENT: Members: Gibbs, Rustigian, Roemer and Mitchell ABSENT: Members: None II. APPROVAL OF MINUTES It was moved by Member Rustigian, seconded by Member Roemer, that the Minutes of the meetings of April 21,1966, and April 26,1966, be approved subject to the following correction in the April 21,1966, Minutes: The Motion under "VI. NEW BUSINESS, MATTERS FROM THE FLOOR, SEWER LINE EXTENSION TO SERVE LOT 84, MORAGA WOODLAND, UNIT 2" shall read: "It was moved by Member Gibbs, seconded by Member Rustigian, that the District enter into an agreement with Mr. Redmond to permit him to install a 4" line to connect his home in the private easement he has acquired, to be connected to the main line at a later date; Mr. Redmond to pay his pro- rata share of the future main line with credit for right of way and other expenses that are applicable which were paid by Mr. Redmond." Motion correcting the Minutes of April 21,1966, carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Rustigian, Roemer and Mitchell None None 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 2089 to 2102, inclusive, and Running Expense Vouchers Numbers 8931 to 9139, inclusive. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Rustigian, Roemer and Mitchell None None IV. BIDS None. v. OLD BUSINESS MARTINEZ AGREEMENT Mr. Bohn, Counsel for the District, explained to the Members of the Board the changes they had requested in the Martinez agreement. RESOLUTION NO. 1544, AUTHORIZING THE EXECUTION OF THE AGREEMENT WITH THE CITY OF MARTINEZ FOR ANNEXATION AND SEWER SERVICE After discussion, it was moved by Member Gibbs, seconded by Member Rustigian, that Resolution No. 1544 be adopted. Carried by the following vote: 05 05 66 I I 218 AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Rustigian, Roemer and Mitchell None None RESOLUTION NO. 1545. INITIATING ANNEXATION PROCEEDINGS CITY OF MARTINEZ TO THE DISTRICT After an explanation from Mr. Bohn, Counsel for the District, of the procedures to be followed in the proposed annexation of the City of Martinez to the District, it was moved by Member Roemer, seconded by Member Rustigian, that Resolution No. 1545 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Rustigian, Roemer and Mitchell None None LOCAL IMPROVEMENT DISTRICT NO. 45 WORK PROTEST, DR. MAURICE LAPP Dr. Lapp was not present. Mr. Horstkotte, District Manager-Engineer, read a letter to Dr. Lapp dated April 25, 1966, in which he was notified that his matter would be on the agenda and, if he could not appear, to let the staff know of a more convenient time. V1. NEW BUSINESS RESOLUTION NO. 1546, APPOINTING JAMES D. BUXTON, ASSISTANT OPERATOR Mr. Horstkotte, District Manager-Engineer, stated the appointment was to fill a vacancy. It was moved by Member Gibbs, seconded by Member Roemer, that Resolution No. 1546 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Rustigian, Roemer and Mitchell None None OLD CONTRACTORS' DEPOSITS Mr. Horstkotte, District Manager-Engineer, requested authorization to transfer the deposits made by the following contractors to the general Running Expense fund: Pat Barkley Manuel Costa G. & P. Construction Co. Henry E. Lee L. T. Lee Co. W. J. Noble $100.00 100.00 100.00 100.00 100.00 1.30 Mr. Horstkotte stated that every effort has been made to locate the contractors and, if in the future a request for refund is received, they will be paid. It was moved by Member Gibbs, seconded by Member Roemer, that deposits of $100.00 each from Pat Barkley, Manuel Costa, G. & P. Construction Co., Henry E. Lee, and L. T. Lee Co., and $1.30 from W. J. Noble be transferred to the general Running Expense fund with the stipulation that, if a future request is made for refund, it shall be paid. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: MATTERS FROM THE FLOOR Gibbs, Rustigian, Roemer and Mitchell None None APPLICANTS FOR BOARD MEMBER President Mitchell stated that each Member had received copies of letters from the following people interested in the vacancy on the District Board: 0 t) G'. f""" <Ý . ""-'. ;;J )~ ~ 1.\>\ ¡:""IiI V \J ?19 Donald Allan Parke L. Boneysteele Vernon L. Brite Lynn Casto John J. Connolly Thomas E. Henze Harold E. Mutnick Robert A. Nelson Eugene 1. Whitt President Mitchell asked those in the audience if they wished to make statements in addition to their letters of application. Mr. Donald Allan, Mr. Lynn Casto and Mr. Eugene L. Whitt made statements. Mr. Parke L. Boneystee1e stated that he had made a statement at the previous meeting. VII. REPORTS DISTRICT MANAGER-ENGINEER METERING MANHOLE FOR CONCORD FLOW Mr. Horstkotte, District Manager-Engineer, requested authorization from Sewer Construction funds to install a metering manhole on Line C for measuring the City of Concord flow into the District system. He estimated the cost to be $1,200.00. After discussion, it was moved by Member Gibbs, seconded by Member Rustigian, that $1,200.00 be authorized from Sewer Construction funds to in- stall a metering manhole on Line C for the purpose of measuring the flow from the City of Concord. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Rustigian, Roemer and Mitchell None None DISTRICT CONSENT, TRACT 3542 Mr. Horstkotte presented Tract Map 3542 which is in the area of a District easement and requires District consent. Upon the recommendation of Mr. Horstkotte, District Manager-Engineer, it was moved by Member Roemer, seconded by Member Rustigian, that the President and Secretary be authorized to sign Tract 3542 Map giving the District's con- sent. Carried by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Gibbs, Rustigian, Roemer and Mitchell None None ORDINANCE 65 Mr. Horstkotte, District Manager-Engineer, recommended that Ordinance 65 be adopted establishing new annexation fees as proposed in his memorandum to the Board Members dated May 2,1966. After discussion, it was moved by Member Gibbs, seconded by Member Rustigian, that the Hearing for proposed Ordinance 65 be the first meeting in June. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Rustigian, Roemer and Mitchell None None COUNSEL FOR THE DISTRICT H. E. JOHNSON CONSTRUCTION CO. LITIGATION Mr. Bohn, Counsel for the District, explained the legal procedures in the action against H. E. Johnson Construction Co., contractor for Local Im- provement Districts No. 45, Schedule 2,44, Schedule 5,44, Schedule 6, and 44, Schedule 7. 05 05 66 ':)'0-' 2.. Mr. Bohn presented the following Resolutions: RESOLUTION NO. 1547, A RESOLUTION DECLARING ABANDONMENT OF WORK BY THE CONTRACTOR AND DECLARING DEFAULT OF SAID CONTRACTOR BY FAILING TO PRO- CEED WITH THE WORK AS RAPIDLY AND IN THE MANNER REQUIRED BY CONTRACT It was moved by Member Gibbs, seconded by Member Rustigian, that Resolu- tion No. 1547 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Rustigian, Roemer and Mitchell None None RESOLUTION NO. 1548, A RESOLUTION DECLARING ABANDONMENT OF WORK BY THE CONTRACTOR AND DECLARING DEFAULT OF SAID CONTRACTOR BY FAILING TO PRO- CEED WITH THE WORK AS RAPIDLY AND IN THE MANNER REQUIRED BY CONTRACT It was moved by Member Rustigian, seconded by Member Roemer, that Resolu- tion No. 1548 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Rustigian, Roemer and Mitchell None None RESOLUTION NO. 1549, A RESOLUTION DECLARING ABANDONMENT OF WORK BY THE CONTRACTOR AND DECLARING DEFAULT OF SAID CONTRACTOR BY FAILING TO PRO- CEED WITH THE WORK AS RAPIDLY AND IN THE MANNER REQUIRED BY CONTRACT It was moved by Member Roemer, seconded by Member Gibbs, that Resolu- tion No. 1549 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Rustigian, Roemer and Mitchell None None COMPLETION OF WORK IN LOCAL IMPROVEMENT DISTRICT NO. 44, SCHEDULES 5, 6 AND 7 Mr. Bohn stated he would recommend action to be taken to get the work completed in Local Improvement District No. 44, Schedules 5, 6 and 7 at the May 19, 1966, meeting. RESOLUTION NO. 1550, A RESOLUTION APPROVING THE GIVING OF NOTICE TO THE BONDING COMPANY OF THE CONTRACTOR'S ABANDONMENT AND DEFAULT OF WORK ON LOCAL IMPROVEMENT DISTRICT NO. 44, SCHEDULE 5 It was moved by Member Gibbs, seconded by Member Rustigian, that Resolu- tion No. 1550 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Rustigian, Roemer and Mitchell None None RESOLUTION NO. 1551, A RESOLUTION APPROVING THE GIVING OF NOTICE TO THE BONDING COMPANY OF THE CONTRACTOR'S ABANDONMENT AND DEFAULT OF WORK ON LOCAL IMPROVEMENT DISTRICT NO. 44, SCHEDULE 6 It was moved by Member Rustigian, seconded by Member Roemer, that Resolu- tion No. 1551 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Rustigian, Roemer and Mitchell None None RESOLUTION NO. 1552, A RESOLUTION APPROVING THE GIVING OF NOTICE TO THE BONDING COMPANY OF THE CONTRACTOR'S ABANDONMENT AND DEFAULT OF WORK ON LOCAL IMPROVEMENT DISTRICT NO. 44, SCHEDULE 7 It was moved by Member Roemer, seconded by Member Gibbs, that Resolu- tion No. 1552 be adopted. Carried by the following vote: AYES: NOES: ABSENT: 05 Members: Members: Members: 05 Gibbs, Rustigian, Roemer and Mitchell None None 66 221 SETTLEMENT OF CORNELISON EASEMENT LITIGATION~PARCEL 44~8-5 Mr. Bohn reported that the Cornelison suit against the District had a final settlement in favor of the District. It was moved by Member Rustigian, seconded by Member Roemer, that the Cornelison easement Parcel 44-8-5 be settled for $250.00. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Rustigian, Roemer and Mitchell None None Mr. Bohn reported that the Cornelison suit against the District had a final judgment in favor of the District. EXECUTIVE SESSION At 9:35 o'clock P.M., the Board Members went into Executive Session to discuss applicants to fill the vacancy on the Board. President Mitchell reconvened the meeting. VIII . ADJOURNMENT At 10:15 o'clock P.M., the meeting was adjourned by President Mitchell to May 12,1966. President the District Board of the Central tra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: ) (6;;..~?/d ~ Secr~ry of the District Board of the Centra1~tra Costa Sanitary District of Contra Costa County, State of California .., 05 05 ~ (~. .), ~ì '" \...1