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HomeMy WebLinkAboutBOARD MINUTES 08-04-66 15 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD AUGUST 4,1966 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 August 4, 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: Mitchell and Rustigian President Mitchell arrived at 8:40 o'clock P.M. On the motion of Member Gibbs, seconded by Member Allan, Member Roemer was unanimously elected President Pro Tem. II. APPROVAL OF MINUTES It was moved by Member Gibbs, seconded by Member Allan, that the Minutes of the July 21,1966, meeting be approved subject to changing paragraphs two and three under "VIII. REPORTS, COUNSEL FOR THE DISTRICT, SEWER RELOCATIONS IN THE CITY OF WALNUT CREEK" to read as follows: "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 responsi- bility for the relocation on the District and that, therefore, the Dis- trict 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 1 and 1 which requires relocation of District facilities in the bid for City work, estimated cost $12,140.00, and tion for payment of this sum to the City." some work in categories that should be included he requested authoriza- Motion amending Minutes carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Allan and Roemer None Mitchell and Rustigian II 1. APPROVAL OF EXPENDITURES It was moved by Member Allan, seconded by Member Gibbs, that the expendi- tures, 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 15 to 44, inclusive, and Running Expense Vouchers Numbers 5098 to 5258, inclusive. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Gibbs, Allan, Mitchell and Roemer None Rustigian 08 04 66 36 IV. HEARINGS RESOLUTION NO. 1574, LOCAL IMPROVEMENT DISTRICT NO. 45 President Pro Tem Roemer opened the Hearing on Resolution 1574, a Resolu~ tion of Intention to Make Modifications and Changes, Local Improvement District No. 45, and asked for written or oral protests. There being none, President Pro Tem Roemer closed the Hearing. RESOLUTION NO. 1589, A RESOLUTION OVERRULING PROTESTS AND MAKINGMODI~I~ CATIONS AND CHANGES, LOCAL IMPROVEMENT DISTRICT NO. 45 It was moved by Member Allan, seconded by Member Gibbs, that Resolution No. 1589 be adopted. Ca~ried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Allan and Roemer None Mitchell and Rustigian V. OLD BUSINESS REQUEST OF F. A. MARSHALL FOR RELIEF ON ASSESSMENT NO. 42-20-1 (CONTINUED) The Members of the District Board discussed with Mr. Horstkotte, District Manager-Engineer, and Mr. Bohn, Counsel for the District, the request for relief on Assessment No. 42-20-1 by Mr. F. A. Marshall due to zoning changes after assessments had gone to bond. Mr. Bohn stated that assessments were frozen at the time the Hearing was closed and he knew of no legal way an individual could be singled out for relief. After discussion, it was moved by Member Gibbs, seconded by Member Allan, that the request for relief on Assessment No. 42-20-1 by Mr. F. A. Marshall be denied. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Allan and Roemer None Mitchell and Rustigian BOARD MEMBERS ELECTION SEPTEMBER 13, 1966 RESOLUTION NO. 1590, RESOLUTION AND ORDER APPOINTING ELECTION OFFICIALS, DESIGNATING POLLING PLACES AND DIRECTING PUBLICATION AND NOTICE THEREOF FOR ELECTION OF OFFICERS OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT It was moved by Member Gibbs, seconded by Member Allan, that Resolution No. 1590 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Allan and Roemer None Mitchell and Rustigian VII. NEW BUSINESS SETTLEMENT OF EASEMENT PARCEL 2, TRUNK SEWER K Mr. Horstkotte, District Manager-Engineer, stated that the District had a right of entry for the work from Mr. Harrold, the owner, and now can settle for $600.00, and it is the staff recommendation to settle. It was moved by Member Gibbs, seconded by Member Allan, that easement Parcel 2 of Trunk Sewer K be settled in the sum of $600.00. Carried by the following vote: AYES: NOES: ABSENT: 08 Members: Members: Members: 04 Gibbs, Allan and Roemer None Mitchell and Rustigian 66 ~? INVOICE OF MR. BOHN, COUNSEL FOR THE DISTRICT, JOHNSON LITIGATION It was moved by Member Allan, seconded by Member Gibbs, that the invoice of Mr. Bohn, Counsel for the District, in the sum of $2,125.00 for expenses in the H. E. Johnson Construction Company Local Improvement District No. 44 litigation be paid and charged to Local Improvement District No. 44. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Allan and Roemer None Mitchell and Rustigian ACCEPTANCE OF EASEMENTS It was moved by Member Gibbs, seconded by Member Allan, that easements from Concord Hospital District, Robert H. Laborde, Jr., Charles R. Baer, Joseph F. Breen and Anton R. Eberle, and Thomas N. St. Hill be accepted and their recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Allan and Roemer None Mitchell and Rustigian VIII. REPORTS DISTRICT MANAGER-ENGINEER RISER RINGS FOR STRUCTURE ADJUSTMENTS Mr. Horstkotte, District Manager-Engineer, requested authorization of $5,000.00 from Sewer Construction funds for riser rings to be furnished to the County for structure adjustments at the time of road work. It was moved by Member Gibbs, seconded by Member Allan, that $5,000.00 be authorized from Sewer Construction funds for riser rings to be furnished the County for structure adjustments at the time of County road work. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Allan and Roemer None Mitchell and Rustigian LAGGING FOR HOT LINES ON PUMP AND ENGINE ASSEMBLY AT THE TREATMENT PLANT Mr. Horstkotte requested $1,500.00 from Sewer Construction funds for lagging of hot lines on pump and engine assembly at the Treatment Plant. It was moved by Member Gibbs, seconded by Member Allan, that $1,500.00 be authorized from Sewer Construction funds for lagging of hot lines on the pump and engine assembly at the Treatment Plant. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Allan and Roemer None Mitchell and Rustigian DELIVERY OF CHECK HELD IN TRUST Mr. Horstkotte stated that the District was custodian of a $2,000.00 check pending an agreement between two parties for sewers. Mr. Horstkotte stated the check was made payable to the District and requested authorization to endorse the check payable to the party for whom it is intended. RESOLUTION NO. 1591, AUTHORIZING DELIVERY OF CHECK HELD IN TRUST AND ENDORSEMENT THEREOF BY CLAUDE M. MC PHEE, SECRETARY OF THE DISTRICT It was moved by Member Allan, seconded by Member Gibbs, that Resolution No. 1591 be adopted. Carried by the following vote: 0, ","), ('J 66 (\ ';' ¡ I~ 'oJ -Z 38 AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Allan and Roemer None Mitchell and Rustigian The $2,000.00 check of Herman J. Tijsseling is to be delivered to Mr. Bohn, Counsel for the District, who will obtain the proper endorsement and deliver it to Kelly-Moore Company, the party for whom it was intended. COUNSEL FOR THE DISTRICT CITY OF MARTINEZ ANNEXATION LITIGATION Mr. Bohn, Counsel for the District, reported on the litigation relative to the proposed annexation of the City of Martinez. AUTHORIZATION FOR ATTENDANCE AT MEETING IN SAN DIEGO Mr. Horstkotte, District Manager-Engineer, stated that he and Mr. Bohn had to go to San Diego for a California Sanitary and Sanitation Districts Association meeting on August 24, 1966, and requested expenses of $30.00 each plus air fare. It was moved by Member Mitchell, seconded by Member Gibbs, that Mr. Horstkotte and Mr. Bohn be authorized to attend a California Sanitary and Sanitation Districts Association meeting in San Diego on August 24,1966, and $30.00 each plus air fare be authorized. Carried by the following vote: AYES: Members: Gibbs, Allan, Mitchell and Roemer NOES: Members: None ABSENT: Member: Rustigian IX. ADJOURNMENT At 8:50 o'clock P.M., the meeting was adjourned by President Pro Tem Roemer to August 18,1966. ,'-~ I 'I .' -~:-;¿~~~t-.~~T~m of-"~h~ ';;s~~¡ct Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: ~j/~~ Secre\ary of the District Board of Central Contra Costa Sanitary District of Contra Costa County, State of California 08 04 66