HomeMy WebLinkAboutBOARD MINUTES 07-21-66
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MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD JULY 21,1966
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 July 21, 1966, at 8:00 o'clock P.M.
In the absence of President Mitchell, the meeting was called to order
by Member Roemer.
1.
ROLL CALL
PRESENT:
Members:
Gibbs, Allan and Roemer
ABSENT:
Members:
Rustigian and Mitchell
On the motion of Member Gibbs, seconded by Member Allan, Member Roemer
was unanimously elected President Pro Tem.
Member Rustigian arrived at 8:05 o'clock P.M.
11.
APPROVAL OF MINUTES
The Minutes of the meeting of July 7,1966, were approved as presented.
III.
APPROVAL OF EXPENDITURES
None.
IV.
HEARINGS
MARTINEZ ANNEXATION, CONTINUED
President Pro Tem Roemer opened the continued Hearing for the proposed
annexation of the City of Martinez.
Mr. Carniato, representing Mr. Bohn, Counsel for the District, reviewed
and summarized the proceedings to date.
President Pro Tem Roemer asked if anyone in the audience had any written
documents to present.
There were none.
Mr. Horstkotte, District Manager-Engineer, presented a memorandum summar-
izing the original petition along with withdrawal petitions.
Mr. Carniato presented petitions for withdrawal.
It was moved by Member Allan, seconded by Member Gibbs, that the petitions
for withdrawal be accepted and filed. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Roemer
None
Mitchell
On the suggestion of Mr. Carniato, it was moved by Member Gibbs, seconded
by Member Rustigian, that the Heating for the proposed annexation of the City
of Martinez to the District be concluded. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Roemer
None
Mitchell
Mr. Carniato stated the Members of the District Board must now act on the
proposed annexation within thirty days.
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LOCAL IMPROVEMENT DISTRICT NO. 46
President Pro Tem Roemer opened the Hearing for Local Improvement District
No. 46 and asked for written protests.
There were none.
President Pro Tem asked for oral protests.
Mr. Frank Bray, attorney for the Concord Hospital, and Mr. Blackwell,
Administrator, protested the assessment proposed in relation to other assess-
ments.
Mr. Horstkotte, Engineer for Local Improvement District No. 46, explained
that the District had an established policy of making assessments according
to zoning, with allowances for unusable areas and deed restrictions.
Mr. Horstkotte reviewed the assessments in Local Improvement District
No. 46, explaining the procedure and the present zoning of the properties,
after which he stated he felt the assessments were equitable for all properties.
Mr. Bray and Mr. Blackwell stated they would report back t~ the Concord
Community Hospital Board. They also stated they had no authority to withdraw
the protest.
It was moved by Member Gibbs, seconded by Member Allan, that the protest
of the Concord Community Hospital be denied. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Roemer
None
Mitchell
Mr. Wilson, attorney for Local Improvement District No. 46, presented and
explained the Resolutions to be adopted by the District Board.
RESOLUTION NO. 1580, A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF
INTENTION NO. 1561, LOCAL IMPROVEMENT DISTRICT NO. 46
It was moved by Member Gibbs, seconded by Member Allan, that Resolution
No. 1580 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Roemer
None
Mitchell
RESOLUTION NO. 1581, A RESOLUTION AND ORDER ADOPTING ENGINEER'S REPORT,
CONFIRMING THE ASSESSMENTS AND ORDERING THE WORK AND ACQUISITIONS, LOCAL
IMPROVEMENT DISTRICT NO. 46
It was moved by Member Rustigian, seconded by Member Gibbs, that Resolution
No. 1581 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Roemer
None
Mitchell
RESOLUTION NO. 1582, A RESOLUTION DESIGNATING COLLECTION OFFICER, LOCAL
IMPROVEMENT DISTRICT NO. 46
It was moved by Member Rustigian, seconded by Member Gibbs, that Resolu-
tion No. 1582 be adopted. Carried by the following vote:
AYES:
NOES
ABSENT:
07
Members:
Members:
Member:
21
Gibbs, Rustigian, Allan and Roemer
None
Mitchell
66
29
V.
BIDS
LOCAL IMPROVEMENT DISTRICT NO. 46
Mr. Horstkotte, Engineer for Local Improvement District No. 46, presented
the bids for the work in Local Improvement District No. 46, opened at 2:00
o'clock P.M. this day, which were as follows:
1.
2.
3.
4.
5.
6.
7.
8.
$ 66,818.00
69,981. 00
71,131. 20
71,946.95
79,959.00
83,302.55
96,036.25
133,112.00
Fremont Pipeline Construction Co.
Vukasin-Edwards
Bepco, Inc.
M.G.M. Construction Co.
Prodanovich Inc.
McGuire and Hester
Jardin and Jardin
J & M, Inc.
Mr. Horstkotte recommended that the contract be awarded to Fremont
Pipeline Construction Co.
RESOLUTION NO. 1583, A RESOLUTION OF AWARD OF CONTRACT, LOCAL IMPROVEMENT
DISTRICT NO. 46
It was moved by Member Gibbs, seconded by Member Rustigian, that Resolution
No. 1583 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Roemer
None
Mitchell
LOCAL IMPROVEMENT DISTRICT NO. 44, SCHEDULES 5,6 AND 7, ROADS RESTORATION
Mr. Horstkotte, Engineer for Local Improvement District No. 44, presented
bids, opened at 2:00 o'clock P.M. this day, which were as follows:
1.
2.
3.
4.
5.
$ 19,650.00
21,055.00
21,645.00
25,550.00
40,250.00
Harry F. C1everdon
O. C. Jones and Sons
Blair, Fleig & Sanchez, Inc.
George Brazil & Son
McGuire and Hester
Mr. Horstkotte recommended that the contract for the work be awarded to
Harry F. C1everdon.
Mr. Wilson, attorney for Local Improvement District No. 44, presented a
Resolution to award the contract for roads restoration work in Local Improve-
ment District No. 44, Schedules 5,6 and 7, as specified in Resolution No.
1555.
RESOLUTION NO. 1584, A RESOLUTION OF AWARD OF CONTRACT, LOCAL IMPROVEMENT
DISTRICT NO. 44, SCHEDULES 5,6 AND 7
It was moved by Member Rustigian, seconded by Member Gibbs, that Resolution
No. 1584 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Roemer
None
Mitchell
VI.
OLD BUSINESS
None.
VII.
NEW BUSINESS
CORRESPONDENCE FROM F. A. MARSHALL RE ASSESSMENT NO. 42-20-1
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Mr. Horstkotte, District Manager-Engineer, presented a letter from Mr.
F. A. Marshall appealing for a reduction in Assessment No. 42-20-1 because
the zoning had been changed from commercial to residential since the assessments
had been confirmed.
Mr. Marshall stated that the change in zoning had reduced the number of
sites and he stated there should be some means to rectify the amount he was
assessed. Mr. Marshall stated that, not only has he been hurt by the amount
of the assessment, but the value of the property has depreciated due to the
change in zoning.
President Pro Tem Roemer said that at this late date the Board has no right
to make any modifications as the assessments had been finalized at the time of
the Hearing.
Mr. Horstkotte stated the District had made a contribution to Local
Improvement District No. 42 from Watershed 23, and this rebate account might
be increased if the Board were to give Mr. Marshall relief.
Mr. Carniato, representing Mr. Bohn, Counsel for the District, stated that
he would like to review the problem and see if relief could be given.
President Pro Tem Roemer referred the matter to the District staff and
Counsel for a report at the next meeting.
AGREEMENT WITH FILPER CORPORATION UNDER CODE SECTION 9-122 (TRACT 3572)
Mr. Horstkotte, District Manager-Engineer, stated that Fi1per Corporation
is required to install facilities in excess of what is required to serve Tract
3572, and recommended entering into an agreement with them to allow credit for
fees due to the District.
It was moved by Member Gibbs, seconded by Member Allan, that the President
and Secretary be authorized to execute the agreement with Fi1per Corporation
to allow credits as provided in Code Sections 9-122 through 9-126 for Tract
3572. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Roemer
None
Mitchell
SETTLEMENT OF BAY AREA RAPID TRANSIT DISTRICT EASEMENTS
Mr. Horstkotte, District Manager-Engineer, presented easements which had
been acquired for the relocation of District facilities as required by the
Bay Area Rapid Transit District. The Bay Area Rapid Transit District, by
letter, has approved payment of $100.00 for each parcel.
It was moved by Member Gibbs, seconded by Member Rustigian, that easements
for the relocation of District facilities, as required by the Bay Area Rapid
Transit District, from:
Donald L. O'Brien,
Francis H. Lawyer,
Henning A. Edlund,
Ray A. Janvier,
William H. Rablin,
Robert S. Rutledge,
Kazuo Goto,
Frank F. Fee, and
George R. Bowland
be accepted and their recording ordered, and payment in the amount of $100.00
each be authorized. Carried by the following vote:
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AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Roemer
None
Mitchell
Mr. Horstkotte stated that the following easements had not yet been
received and requested authorization to make payment when received of $100.00
for each parcel:
Trans-Bay Federal Savings & Loan Ass'n. (4 parcels)
Walter Kaitz
John G. Menitkas
Thomas N. St. Hill (7 parcels)
$400.00
100.00
100.00
700.00
It was moved by Member Gibbs, seconded by Member Rustigian, that payment
of $100.00 for each of the Bay Area Rapid Transit District relocation ease-
ments from Trans-Bay Federal Savings & Loan Ass'n. (4 parcels, $400.00), Walter
Kaitz ($100.00), John G. Menitkas ($100.00) and Thomas N. St. Hill (7 parcels,
$700.0Œbe authorized. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Roemer
None
Mitchell
APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS FOR JOB 1371, BAY AREA
RAPID TRANSIT DISTRICT RELOCATION
Mr. Horstkotte, District Manager-Engineer, presented plans and specifi-
cations for District Sewering Project 1371 (relocation required by Bay Area
Rapid Transit District), and requested authorization to call for bids to be
received on August 17,1966, and awarded on August 18,1966.
It was moved by Member Gibbs, seconded by Member Allan, that the plans
and specifications for District Sewering Project 1371 be approved and the
call for bids be authorized. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Roemer
None
Mitchell
Mr. Horstkotte commended the District staff in meeting the deadline set
for getting District Sewering Project 1371 out to bid.
1966-67 BUDGET
Member Gibbs stated that he and Member Allan had reviewed the Budget
presented for 1966-67 and then met with Mr. Horstkotte, District Manager-
Engineer, and recommended that the Budget be accepted as presented with the
exception of salaries which are to be considered by all Board Members.
Member Allan stated that all reductions and increases in the Budget
over 1965-66 had good explanations.
Members of the Board discussed salaries with Mr. Horstkotte.
Mr. Horstkotte stated there were several salary changes other than con-
sideration of a general increase.
After discussion, Members of the Board approved the several salary changes
and determined that consideration of a general increase would wait until later
in the year.
Mr. Horstkotte recommended that the tax rate be set at .306 for Running
Expense. With the bond servicing rate estimated at .203, the total tax rate
would be .509.
RESOLUTION NO. 1585, ESTABLISHING THE BUDGET FOR 1966-67 AND SETTING THE
RUNNING EXPENSE TAX RATE AT $.306
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It was moved by Member Gibbs, seconded by Member Allan, that Resolution No.
1585 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Roemer
None
Mitchell
RESOLUTION NO. 1586, ESTABLISHING SALARIES FOR 1966-67
It was moved by Member Gibbs, seconded by Member Allan, that Resolution
No. 1586 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Roemer
None
Mi t chell
ACCEPTANCE OF EASEMENTS
It was moved by Member Rustigian, seconded by Member Allan, that easements
from A. C. Meyer, Jr. and Gordon French Construction (3), Alvin W. Langfie1d,
and Contra Costa Junior College District of Contra Costa County be accepted and
their recording ordered. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Roemer
None
Mitchell
RESOLUTION NO. 1587, APPOINTING FLOYD WHARTON PERMANENT-INTERMITTENT ASSISTANT
MAINTENANCE MAN
Mr. Horstkotte, District Manager-Engineer, stated this position was pro-
vided for in the Budget.
It was moved by Member Gibbs, seconded by Member Allan, that Resolution
No. 1587 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Roemer
None
Mitchell
RESOLUTION NO. 1588, APPOINTING GLEN DESCANS, JR. ASSISTANT PERMIT TECHNICIAN
Mr. Horstkotte stated this classification was adopted by the District
Board at a prior meeting and was provided for in the Budget. Glen Descans, Jr.
is presently employed as Assistant Survey Man.
It was moved by Member Rustigian, seconded by Member Gibbs, that Resolution
No. 1588 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
MATTERS FROM THE FLOOR
Gibbs, Rustigian, Allan and Roemer
None
Mitchell
SLEEPY HOLLOW POOL PROBLEM
Member Gibbs mentioned the problem the Sleepy Hollow pool was having.
POLICY RE FRIDAYS OFF WHEN HOLIDAYS FALL ON SATURDAYS
On a question from Mr. Horstkotte, District Manager-Engineer, the Members
discussed the giving of Fridays off when holidays fall on Saturdays.
After discussion, it was moved by Member Allan, seconded by Member Gibbs,
that Friday preceding a Saturday holiday shall be a day off for District
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employees and those employees required to work on this day shall be paid
straight time or add this day to their vacation. Carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Roemer
None
Mitchell
VII 1.
REPORTS
DISTRICT MANAGER-ENGINEER
CALIFORNIA SANITARY & SANITATION DISTRICTS ASSOCIATION CONFERENCE
Mr. Horstkotte, District Manager-Engineer, and Members who attended the
California Sanitary & Sanitation Districts Association meeting reported that
they felt it was a very satisfactory meeting. Mr. Horstkotte was elected
Secretary-Treasurer of the Association.
COUNSEL FOR THE DISTRICT
H. E. JOHNSON CONSTRUCTION CO. AND CITY OF MARTINEZ LITIGATION
Mr. Carniato, representing Mr. Bohn, Counsel for the District, reported
on the H. E. Johnson Construction Co. litigation and the City of Martinez
annexation litigation.
SEWER RELOCATIONS IN THE CITY OF WALNUT CREEK
Mr. Carniato stated that he had discussed with the attorney for the City
of Walnut Creek and the Public Works Director the problem of who pays for
District facilities which the City requires be relocated.
Mr. Carniato stated that the relocations were divided into three
separate categories:
1)
Relocation caused by pure street repairs or construction, which
the District must pay by ruling judicial decision.
2)
Relocation caused by a storm drain's being placed in a street,
where City Engineer states that the street is not operable without
said drain. Counsel stated that while this was a grey area it was
his opinion that a court test of this situation would result in
placing the responsibility for the relocation on the District and
that, therefore, the District should pay for this relocation.
3)
Relocation caused by a pure storm drain project. Counsel stated
that there is no clear cut decision on this situation and that it
should be negotiated with the City.
Mr. Carniato further stated that the City is to do some work in categories
1 and 2 which requires relocation of District facilities that should be
inc1ud;d in the bid for City work, estimated cost $12,140.00, and he requested
authorization for payment of this sum to the City.
It was moved by Member Gibbs, seconded by Member Rustigian, that $12,140.00
be authorized from Sewer Construction funds for relocation or repair of District
facilities as a result of work being done by the City of Walnut Creek. Carried
by the following vote: .
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Rustigian, Allan and Roemer
None
Mitchell
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IX.
ADJOURNMENT
At 10:20 o'clock P.M., the meeting was adjourned by President Pro Tem
Roemer to August 4,1966.
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President/Pro Tem of the District Board of
the Centia1 Contra Costa Sanitary District
of Contra Costa County, State of California
COUNTERSIGNED:
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~"~¡¡;f-;;--~~ B:ardò£ the
Central ontra Costa Sanitary District of
Contra Costa County, State of California
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