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HomeMy WebLinkAboutBOARD MINUTES 05-19-66 1 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD MAY 19,1966 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 May 19, 1966, at 8:00 o'clock P.M. The meeting was called to order by President Mitchell. 1. ROLL CALL PRESENT: Members: Allan, Roemer and Mitchell ABSENT: Members: Gibbs and Rustigian Member Rustigian arrived at 8:14 o'clock P.M. during the H. E. Johnson Construction Co. discussion. II. APPROVAL OF MINUTES The Minutes of the meeting of May 12, 1966, were approved as presented. III. APPROVAL OF EXPENDITURES None. IV. BIDS None. V. OLD BUSINESS H. E. JOHNSON CONSTRUCTION CO.. CONTRACTOR FOR LOCAL IMPROVEMENT DISTRICT NO. 44, SCHEDULES 5, 6 and 7, AND LOCAL IMPROVEMENT DISTRICT NO. 45. SCHEDULE 2 President Mitchell explained to new Board Member, Mr. Don L. Allan, the poor performance of H. E. Johnson Construction Co., contractor for Local Improvement District No. 44, Schedules 5, 6 and 7, and Local Improvement District No. 45, Schedule 2, and the District's efforts to get the work com- pleted in a satisfactory manner. Mr. Bohn, Counsel for the District, explained that the District had taken action in declaring H. E. Johnson Construction Co. in default. Mr. Bohn, Counsel for the District, reported that Mr. Coleman, attorney for H. E. Johnson Construction Co., had requested a meeting which was held at the District office between H. E. Johnson Construction Co., contractor, Mr. Coleman, attorney for H. E. Johnson and the bonding company, the District staff and Contra Costa County Public Works Department. All claims and deficiencies were reviewed, which fell into three classi- fications: 1. 2. 3. Claims relative to private property, Restoration of private roads, and Restoration of County roads. Mr. Bohn stated that the claims relative to private property would again be reviewed by the District staff along with the adjuster for H. E. Johnson's public liability insurance carrier to make a final determination. President Mitchell asked if written statements would be received from property owners indicating their satisfaction. Mr. Horstkotte, Engineer for the work, stated they would be except in those cases where it was necessary that the District staff act as arbitrator in any difference that may arise. 05 19 66 2 As to the restoration of private roads, Mr. Bohn stated that Mr. Coleman, attorney for H. E. Johnson Construction Co., indicated that this problem may have to be litigated, stating that the roads were poor to start with. As to the restoration of County roads, Mr. Bohn stated a joint survey would be made by the District staff, Contra Costa County Public Works Depart- ment, and the bonding company for H. E. Johnson Construction Co. Mr. Bohn stated he did not expect full agreement, and suggested the District Board meet at the District office at 7:15 o'clock P.M. on May 26, 1966, to call for bids to complete the work. Member Roemer questioned Mr. Horstkotte, Engineer for the work, about the plans and specifications being ready. Mr. Horstkotte stated they were ready except for the final refinements after the surveys. President Mitchell stated the District should not ease off in seeing that private property damage is taken care of. Mr. Horstkotte stated this would be gone over with the adjuster for H. E. Johnson's insurance carrier and the District may have to do some restoration by force account. V1. NEW BUSINESS INVOICE FROM JOHN A. BOHN. COUNSEL FOR THE DISTRICT, $2,250.00, CORNELISON VS. CCCSD, LOCAL IMPROVEMENT DISTRICT NO. 44, SCHEDULE 8 Mr. Bohn, Counsel for the District, stated that Mr. Ernest Wilson, attorney for Local Improvement District No. 44, Schedule 8, was associated with him in this matter and a portion of this sum would be paid to him. It was moved by Member Roemer, seconded by Member Rustigian, that Mr. Bohn be paid $2,250.00 for professional services and costs relative to Cornelison vs. CCCSD litigation. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Rustigian, Allan, Roemer and Mitchell None Gibbs INVOICE FROM MR. JOHN A. BOHN, COUNSEL FOR THE DISTRICT Xerox copies re City of Martinez annexation, $72.00. It was moved by Member Rustigian, seconded by Member Allan, that $72.00 be paid to Mr. Bohn, Counsel for the District, for Xerox copies expense re City of Martinez annexation. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Rustigian, Allan, Roemer and Mitchell None Gibbs ACCEPTANCE OF EASEMENT FROM SOUTHERN PACIFIC COMPANY, LOCAL IMPROVEMENT DISTRICT NO. 44. SCHEDULE 6. PARCEL 37 It was moved by Member Rustigian, seconded by Member Roemer, that easement Parcel 37 of Local Improvement District No. 44, Schedule 6, from Southern Pacific Company, be accepted and its recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Rustigian, Allan, Roemer and Mitchell None Gibbs EASEMENT FROM SOUTHERN PACIFIC COMPANY, HOOKSTON STATION, JOB 1304 It was moved by Member Rustigian, seconded by Member Allan, that the President and Secretary be authorized to execute the easement from Southern Pacific Company for a crossing at Hookston station for Job 1304. Carried by the following vote: 05 19 66 AYES: NOES: ABSENT: Members: Members: Member: 3 Rustigian, Allan, Roemer and Mitchell None Gibbs CORRESPONDENCE FROM DR. MAURICE M. LAPP RE LOCAL IMPROVEMENT DISTRICT NO. 45 WORK PROTEST President Mitchell read a letter he had received from Dr. Maurice M. Lapp regarding no satisfaction from the District staff relative to the work performed on his property. Correspondence from Dr. Lapp received over a period of months was presented to the District Board. Dr. Lapp, in his correspondence, stated he could not appear at Board meetings on Thursday nights. After discussion, President Mitchell and Member Roemer stated they would review the problem in the field with Dr. Lapp and report to the Board at the meeting of June 2,1966. VII. REPORTS DISTRICT MANAGER-ENGINEER STATUS OF TREATMENT PLANT PUMP, ENGINE & ACCESSORY UNITS - 1965 Mr. Horstkotte, District Manag~r-Engineer, reported the recent engine and pump assembly installation at the Treatment Plant is now ready to go into operation. SUPERNATANT POND AT TREATMENT PLANT Mr. Horstkotte requested authorization from Sewer Construction funds to rent equipment for a supernatant pond at the Treatment Plant, estimated to cost $1,700.00. It was moved by Member Roemer, seconded by Member Rustigian, that $1,700.00 be authorized from Sewer Construction funds for work on a super- natant pond at the Treatment Plant. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Rustigian, Allan, Roemer and Mitchell None Gibbs Mr. Horstkotte requested authorization from Sewer Construction funds for rock and pipe for a supernatant pond at the Treatment Plant, estimated to cost $1,300.00. It was moved by Member Allan, seconded by Member Rustigian, that $1,300.00 be authorized from Sewer Construction funds for rock and pipe for a supernatant pond at the Treatment Plant. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Rustigian, Allan, Roemer and Mitchell None Gibbs RESOLUTION NO. 1554. AUTHORIZING RICHARD J. MITCHELL TO BE ABSENT FROM THE UNITED STATES FROM JUNE 15.1966. TO JULY 31,1966 It was moved by Member Roemer, seconded by Member Rustigian, that Resolution No. 1554 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Allan, Roemer and Mitchell None Gibbs 05 19 66 4: COUNSEL FOR THE DISTRICT SETTLEMENT OF DUFFEL SMOOT CONNECTION FEES AND SERVICE CHARGES Mr. Bohn, Counsel for the District, reported that payment had been re- ceived from Duffel Smoot in full settlement of the full connection charge and service charges for 1470 Creekside Drive, Walnut Creek. $5,069.53 was received from Duffel Smoot along with rebate due them of $6,600.00, a total of $11,669.53. At the request of Mr. Bohn, it was moved by Member Roemer, seconded by Member Rustigian, that the Creekside rebate due Duffel Smoot in the amount of $6,600.00 be transferred to the connection charge account. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Rustigian, Allan, Roemer and Mitchell None Gibbs COLLECTION FROM PETER FRUMENTI Mr. Bohn explained his efforts to collect from Peter Frumenti funds due the District for underpayments in the past for his Virginia Hills development. VIII. ADJOURNMENT At 10:05 o'clock P.M., the meeting was adjourned by President Mitchell to 7:15 o'clock P.M. on May 26, 1966. -, ~' Presi~ t of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: ., , -::> ,"? '7 -ì é:-~~~# ~:~ tary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California -' 05 19 66