HomeMy WebLinkAboutBOARD MINUTES 05-19-66
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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.
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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:
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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
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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.
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Presi~ t of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
COUNTERSIGNED:
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tary of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
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