HomeMy WebLinkAboutBOARD MINUTES 06-16-66
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MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD JUNE 16, 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 June 16,1966, at 8:00 o'clock P.M.
In the absence of President Mitchell, the meeting was called to order
by Member Rustigian.
1.
ROLL CALL
PRESENT:
Members:
Gibbs, Roemer, Allan and Rustigian
ABSENT:
Member:
Mitchell
On the motion of Member Roemer, seconded by Member Gibbs, Member Rustigian
was unanimously elected President Pro Tem.
II.
APPROVAL OF MINUTES
The Minutes of the meeting of June 2, 1966, were approved as presented.
II 1.
APPROVAL OF EXPENDITURES
None.
IV.
BIDS
None.
V.
OLD BUSINESS
ORDINANCE 65, AMENDING ORDINANCE 50
Mr. Carniato, representing Mr. Bohn, Counsel for the District, read
proposed Ordinance 65 which amends the annexation fees in the District.
Mr. Horstkotte, District Manager-Engineer, stated the proposed Ordinance
65 was in conformance with his memorandum to the Members of the Board dated
May 2, 1966, proposing that the District be divided into two zones: Zone 1,
the entire District except Orinda and Moraga, which annexation fee is recom-
mended to be $250.00 per acre, and $300.00 per acre in Zone 2, the Orinda and
Moraga areas; the proposed changes to become effective January 1, 1967.
It was moved by Member Roemer, seconded by Member Gibbs, that Ordinance 65
be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Allan and Rustigian
None
Mitchell
NAVY CONTRACT
Mr. Horstkotte, District Manager-Engineer, explained that the contract with
the Navy for service at the Clyde property was reviewed as directed by the Board
at the previous meeting, and the annual cost will now be based on the Running
Expenses only of the District as related to the total flow of the District
against the flow from the Navy property.
Mr. Carniato, representing Mr. Bohn, Counsel for the District, explained
the cancellation clause in the contract when asked by Member Roemer.
After discussion, it was moved by Member Roemer, seconded by Member
Allan, that Mr. Horstkotte, District Manager-Engineer, be authorized to
execute the agreement with the Navy for sewer service and all future related
documents. Carried by the following vote:
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66
j.1:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Allan and Rustigian
None
Mitchell
V1.
NEW BUSINESS
1966-67 BUDGET COMMITTEE
President Pro Tem Rustigian appointed Members Gibbs and Allan as the Budget
Committee for the 1966-67 Budget.
INVOICE OF JOHN A. BOHN
Mr. Bohn, Counsel for the District, presented a statement for cost of
Xerox copies relative to the H. E. Johnson Local Improvement District No. 44
litigation in the sum of $14.50.
It was moved by Member Gibbs, seconded by Member Roemer, that $14.50 be
paid to Mr. Bohn, Counsel for the District, for the cost of Xerox copies relative
to the H. E. Johnson Local Improvement District No. 44 litigation and the $14.50
be charged to Local Improvement District No. 44. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Allan and Rustigian
None
Mit chell
AGREEMENT WITH PERMA-BILT DEVELOPMENT CORP. UNDER CODE SECTION 9-122
Mr. Horstkotte, District Manager-Engineer, explained that Perma-Bilt Devel-
opment Corp. is required to install a larger line than necessary to serve
Subdivisions 3353, 3600 and 3601, and recommended entering into an agreement with
them under Code Section 9-122 allowing credit of annexation fees and connection
fees against the extra cost of the larger line.
It was moved by Member Gibbs, seconded by Member Allan, that the President
Pro Tem and the Secretary be authorized to execute the agreement with Perma-Bilt
Development Corp. as provided under Code Section 9-122. Carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Roemer, Allan and Rustigian
None
Mitchell
CLAIM FOR DAMAGES, EVERETT A. ADAMS
Mr. Horstkotte, District Manager-Engineer, stated the claim of Everett A.
Adams in the sum of $882.00 was the result of an overflow and, since it is in
excess of the $500.00 deductible provision in the insurance policy, the claim
should be denied and referred to the District's insurance carrier.
It was moved by Member Roemer, seconded by Member Gibbs, that the claim of
Everett A. Adams be denied and the claim be referred to the District's insurance
carrier. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Allan and Rustigian
None
Mitchell
'GRANT OF EASEMENT TO EAST BAY MUNICIPAL UTILITY DISTRICT. JOB 1322
Upon the recommendation of Mr. Horstkotte, District Manager-Engineer, it
was moved by Member Gibbs, seconded by Member Roemer, that the President Pro Tem
and Secretary be authorized to execute the easement to East Bay Municipal Utility
District relative to Job 1322. Carried by the following vote:
AYES:
NOES:
ABSENT:
06
16
Members:
Members:
Member:
66
Gibbs, Roemer, Allan and Rustigian
None
Mitchell
LOCAL IMPROVEMENT DISTRICT NO. 46
Mr. Ernest Wilson, attorney for Local Improvement District No. 46,
explained the various Resolutions and documents to proceed with Local
Improvement District No. 46, and presented them as follows:
CERTIFICATE OF MR. HORSTKOTTE, DISTRICT ENGINEER
Certifying that petition for improvements exceeds 60%.
RESOLUTION NO. 1557. A RESOLUTION DETERMINING SUFFICIENCY OF PETITION
AND WAIVER OF PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS
CODE, LOCAL IMPROVEMENT DISTRICT NO. 46
It was moved by Member Gibbs, seconded by Member Roemer, that Resolution
No. 1557 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Allan and Rustigian
None
Mitchell
RESOLUTION NO. 1558. A RESOLUTION REQUESTING THAT THE COUNTY HEALTH
OFFICER OF CONTRA COSTA COUNTY AND EX-OFFICIO HEALTH OFFICER OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT RECOMMEND PROCEEDINGS UNDER
APPROPRIATE SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS, OR OTHER
APPROPRIATE PROCEEDINGS. FOR THE CONSTRUCTION OF A SANITARY SEWERAGE
SYSTEM AND APPURTENANCES. AS NECESSARY AS A HEALTH MEASURE, LOCAL
IMPROVEMENT DISTRICT NO. 46
It was moved by Member Gibbs, seconded by Member Roemer, that
Resolution No. 1558 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Allan and Rustigian
None
Mit chell
RESOLUTION NO. 1559. A RESOLUTION DETERMINING RECEIPT OF HEALTH OFFICER'S
LETTER AND THAT PROCEEDINGS ARE NECESSARY AS A HEALTH MEASURE, WITHOUT
PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE. LOCAL
IMPROVEMENT DISTRICT
It was moved by Member Gibbs, seconded by Member Roemer, that Resolution
No. 1559 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Allan and Rustigian
None
Mitchell
"Central Contra Costa Sanitary District
1250 Springbrook Road
Walnut Creek, California
RE:
Local Improvement District No. 46
Gentlemen:
"I am acquainted with the sanitary sewerage project which you propose
to undertake pursuant to special assessment and assessment bond proceedings,
or other appropriate proceedings, for sewering the area described in your
Resolution No. 1558, A Resolution Requesting that the County Health Officer
of the Central Contra Costa Sanitary District Recommend Proceedings under
Appropriate Special Assessment and Assessment Bond Acts, or other Appropriate
Proceedings, for the Construction of a Sanitary Sewerage System and Appurten-
ances, as Necessary as a Health Measure, Local Improvement District No. 46.
"I recommend, as necessary as a health measure, that you undertake pro-
ceedings pursuant to appropriate special assessment and assessment bond
acts of this State, or other appropriate proceedings, as you shall determine,
for the construction of said improvements and for assessing or taxing the
properties to be benefited thereby. This recommendation extends to such
06
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66
changßsand modifications therein as you shall find to be proper or advisable,
in the manner provided by law.
Yours respectfully,
s/ H. L. Blum, M.D.
Health Officer of the County of Contra
Costa and ex-officio Health Officer of
the Central Contra Costa Sanitary District"
RESOLUTION NO. 1560. A RESOLUTION REQUESTING CONSENT OF THE CITY COUNCIL
OF THE CITY OF PLEASANT HILL TO UNDERTAKE PROCEEDINGS FOR THE ACQUISITION
AND CONSTRUCTION OF SANITARY SEWERS AND TO PROVIDE THAT THE COSTS SHALL
BE ASSESSED UPON THE DISTRICT BENEFITED, UNDER APPROPRIATE SPECIAL
ASSESSMENT AND ASSESSMENT BOND ACTS, LOCAL IMPROVEMENT DISTRICT NO. 46
"
It was moved by Member Gibbs, seconded by Member Roemer, that Resolution
No. 1560 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Allan and Rustigian
None
Mitchell
RESOLUTION NO. 1561. A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT
IMPROVEMENTS, LOCAL IMPROVEMENT DISTRICT NO. 46
It was moved by Member Gibbs, seconded by Member Roemer, that Resolution
No. 1561 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Allan and Rustigian
None
Mitchell
Report of Mr. Horstkotte, Engineer for Local Improvement District No. 46,
was presented, setting forth the estimated cost and the amount to be assessed.
RESOLUTION NO. 1562, A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S
REPORT, LOCAL IMPROVEMENT DISTRICT NO. 46
It was moved by Member Gibbs, seconded by Member Roemer, that Resolution
No. 1562 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Allan and Rustigian
None
Mitchell
RESOLUTION NO. 1563. A RESOLUTION ESTABLISHING PREVAILING WAGE SCALE
LOCAL IMPROVEMENT DISTRICT NO. 46
It was moved by Member Gibbs, seconded by Member Roemer, that Resolution
No. 1563 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Allan and Rustigian
None
Mitchell
RESOLUTION NO. 1564. A RESOLUTION APPOINTING TIME AND PLACE OF HEARING
PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS, LOCAL
IMPROVEMENT DISTRICT NO. 46
It was moved by Member Gibbs, seconded by Member Roemer, that Resolution
No. 1564 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Allan and Rustigian
None
Mitchell
RESOLUTION NO. 1565, A RESOLUTION CALLING FOR SEALED PROPOSALS, LOCAL
IMPROVEMENT DISTRICT NO. 46
It was moved by Member Gibbs, seconded by Member Roemer, that Resolution
No. 1565 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Of}
1 ~
Members:
Members:
Member:
a~
Gibbs, Roemer, Allan and Rustigian
None
Mitchell
17
RESOLUTION NO. 1566, A RESOLUTION DIRECTING THE PREPARATION AND RECORDATION
OF A MAP OF ASSESSMENT DISTRICT AND RECORDATION OF NOTICE OF ASSESSMENT,
LOCAL IMPROVEMENT DISTRICT NO. 46
It was moved by Member Gibbs, seconded by Member Roemer, that Resolution
No. 1566 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Allan and Rustigian
None
Mitchell
RESOLUTION NO. 1567. A RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC
INTEREST AND NECESSITY REQUIRE THE ACQUISITION. CONSTRUCTION AND COMPLETION
OF CERTAIN PUBLIC IMPROVEMENTS AND AUTHORIZING THE FILING OF CONDEMNATION
ACTIONS, LOCAL IMPROVEMENT DISTRICT NO. 46
It was moved by Member Gibbs, seconded by Member Roemer, that Resolution
No. 1567 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Allan and Rustigian
None
Mitchell
DELINQUENT SERVICE CHARGES
Mr. Horstkotte, District Manager-Engineer, stated it was the time of year
to place all delinquent sewer service charges on the tax roll for collection.
RESOLUTION NO. 1568. A RESOLUTION DIRECTING THE PREPARATION OF A WRITTEN
REPORT, THE GIVING OF NOTICE AND THE HOLDING OF A HEARING WITH RESPECT
TO DELINQUENT SEWER SERVICE CHARGES
It was moved by Member Gibbs, seconded by Member Allan, that Resolution
No. 1568 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Allan and Rustigian
None
Mitchell
VII.
REPORTS
DISTRICT MANAGER-ENGINEER
CLAIM OF R. L. HAUSER
Mr. Horstkotte, District Manager-Engineer, reported that Mr. Robert R.
Lorenzi, tenant in the home owned by Mr. R. L. Hauser, called Roto-Rooter
service to clean a plugged line at a cost of $45.50.
Mr. Horstkotte recommended that the full sum of $45.50 be paid.
It was moved by Member Gibbs, seconded by Member Allan, that $45.50 be
paid to Mr. R. L. Hauser for Roto-Rooter service after receipt of a signed
Release in Full Settlement and Compromise. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Allan and Rustigian
None
Mitchell
ARROYO WAY RELOCATION
Mr. Horstkotte requested $1,500.00 for the repair and relocation of
District lines broken as a result of the City of Walnut Creek storm drain
work in Arroyo Way.
After discussion, and Mr. Horstkotte's explanation, it was moved by
Member Roemer, seconded by Member Gibbs, that $1,500.00 be authorized from
Sewer Construction funds for repair and relocation of sewers in Arroyo Way
caused by the City of Walnut Creek storm drain work. Carried by the following
vote:
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66
--8
AYES: Members:
NOES: Members:
ABSENT: Member:
Gibbs, Roemer, Allan and Rustigian
None
Mitchell
POLICY RE TREATMENT PLANT EXPANSION
Mr. Horstkotte recommended that the District Board adopt a Resolution
expressing District policy with regard to Treatment Plant expansion.
RESOLUTION NO. 1569. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CENTRAL
CONTRA COSTA SANITARY DISTRICT EXPRESSING DISTRICT POLICY WITH REGARD TO
TREATMENT PLANT EXPANSION
After discussion, it was moved by Member Roemer, seconded by Member Allan,
that Resolution No. 1569 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Roemer, Allan and Rustigian
None
Mitchell
MARTINEZ ANNEXATION
The Board Members discussed the continued Hearing to be held on June 30,
1966, at 8:00 o'clock P.M., relative to annexation of the City of Martinez to
the District.
The Board Members decided to meet at 7:15 o'clock P.M., June 30, 1966, to
review the status of the petitions for annexation which had until June 27,1966,
to re-sign and make valid those signatures obtained prior to the date of the
start of the proceedings.
COUNSEL FOR THE DISTRICT
DISTRICT REORGANIZATION ACT
Mr. Carniato, representing Mr. Bohn, Counsel for the District, briefly
discussed the District Reorganization Act.
H.E. JOHNSON CONSTRUCTION CO. LITIGATION DISCUSSION (EXECUTIVE SESSION)
, . ' .
,I .
Mr. Carniato requested an Executive Session to discuss the H. E. Johnson
Construction Co. Local Improvement District No. 44, Schedules 5, 6 and 7, litigation.
VIII.
ADJOURNMENT
At 9:30 o'clock P.M., the Board reconvened in Regular Session and President
Pro Tern Rustigian adjourned the meeting to 7:15 o'clock P.M., June 30, 1966.
Ei:~P£ ¿1< fÎ?-.1Z1~.c;¡~
President1Pro Te~ of he Di trict Board of
the Central Contra Co ta Sanitary District
of Contra Costa County, State of California
COUNTERSIGNED:
;;.
".' ./":) /2.
(;"" ('/~~~~~~ / e--.
~ary of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
06
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