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HomeMy WebLinkAboutBOARD MINUTES 09-15-66 48 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD SEPTEMBER 15, 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 September 15, 1966, at 8:00 o'clock P.M. The meeting was called to order by President Mitchell. 1. ROLL CALL PRESENT: Members: Gibbs, Rustigian, Roemer, Allan and Mitchell ABSENT: Members: None 11. APPROVAL OF MINUTES The Minutes of the meeting of September 1, 1966, were approved as presented. II 1. APPROVAL OF EXPENDITURES None. IV. HEARINGS None. V. BIDS None. V1. OLD BUSINESS CANVASS OF VOTES AND ABSENTEE BALLOTS, BOARD MEMBERS ELECTION President Mitchell called for the canvass of votes. The official records of the election were opened and presented to the District Board. The District Secretary reported that the official records are the same as the preliminary report and presented Certificates of Election certifying that Richard J. Mitchell and George A. Rustigian had been re-elected to four-year terms. RESOLUTION NO. 1595, A RESOLUTION DECLARING THE NAMES OF THE PERSONS ELECTED AS MEMBERS OF THE DISTRICT BOARD OF CENTRAL CONTRA COSTA SANITARY DISTRICT It was moved by Member Allan, seconded by Member Roemer, that Resolu- tion No. 1595 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Rustigian, Roemer, Allan and Mitchell None None President Mitchell stated that the election returns are now public record and available for examination. President Mitchell stated that he appreciated the Board Members' confidence in keeping him as President for the past six years, but, feeling the Presidency should be rotated, presented his resignation. Member Roemer stated that, at the time of the last election, he had asked Member Mitchell to continue as President and commended him for his work as President of the Board. 09 15 66 49 It was moved by Member Roemer, seconded by Member Rustigian, that the resignation of Member Mitchell as President of the District Board be accepted. Carried by the following vote: AYES: NOES: ABSTAINING: ABSENT: Members: Members: Member: Members: Gibbs, Rustigian, Roemer and Allan None Mitchell None It was moved by Member Roemer, seconded by Member Allan, that Member Gibbs be elected President of the District Board. Carried by the follow- ing vote: AYES: NOES: ABSTAINING: ABSENT: Members: Members: Member: Members: Mitchell, Rustigian, Roemer and Allan None Gibbs None President Gibbs thanked the Members of the Board for their considera- tion in electing him President and was seated in the President's chair. CITY OF MARTINEZ ANNEXATION Mr. Carniato, representing Mr. Bohn, Counsel for the District, stated that the Court had made a ruling, favoring the District, in that no election would be necessary for the annexation of the City of Martinez, subject to the District's filing papers supporting the finding which the opposition may still answer prior to a final judgment. Continued to October 6,1966. SALARIES The District Board discussed with Mr. Horstkotte, District Manager- Engineer, the information presented to the Members of the Board. After discussion, President Gibbs appointed Members Allan and Rustigian as a committee to review the information presented, as related to the different classifications and other Bay Area organizations, and report at the next meeting. The staff to furnish information the committee may request. Continued to October 6,1966. REQUEST OF FREDERICK M. HANSON, M.D., FOR REFUND OF ASSESSMENT PAYMENT ON LOCAL IMPROVEMENT DISTRICT NO. 44-6-10-21 After discussion, it was moved by Member Mitchell, seconded by Member Roemer, that the assessment payment for Local Improvement District No. 44-6-10-21 be refunded to Frederick M. Hanson, M.D., subject to the approval of Mr. Bohn, Counsel for the District. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None VII. NEW BUSINESS RESOLUTION NO. 1596, A RESOLUTION ORDERING DISTRICT ANNEXATION NO. 14, BOLLINGER CANYON Mr. Horstkotte, District Manager-Engineer, stated that this was the final action for annexing the Bollinger Canyon area previously acted on by the District Board and the area for Local Improvement District No. 48. It was moved by Member Mitchell, seconded by Member Allan, that Resolution No. 1596 be adopted. Carried by the following vote: 09 15 66 ,t;O AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None LOCAL IMPROVEMENT DISTRICT NO. 48 Mr. Horstkotte, District Manager-Engineer, stated that the Local Improve- ment District No. 48 proceedings were ready for adoption. Mr. Horstkotte also stated that the Local Improvement District No. 48 work required a contribution by the District in the sum of $16,853.00 which, he explained, would be recovered by future connections. The total estimated cost for the work was estimated at $128,493.00, of which the County of Contra Costa would pay $64,000.00; a portion of which would be recovered from future connec- tions. After discussion, Mr. Asaf, representing Mr. Wilson, Attorney for Local Improvement District No. 48, explained the various Resolutions to be adopted, which were as follows: RESOLUTION NO. 1597, A RESOLUTION DETERMINING SUFFICIENCY OF PETITION AND WAIVER OF PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE, LOCAL IMPROVEMENT DISTRICT NO. 48 It was moved by Member Roemer, seconded by Member Allan, that Resolution No. 1597 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None RESOLUTION NO. 1598, 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 SYS TEM AND APPURTENANCES, AS NECES SARY AS A HEALTH MEASURE, LOCAL IMPROVEMENT DISTRICT NO. 48 It was moved by Member Mitchell, seconded by Member Rustigian, that Resolution No. 1598 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None RESOLUTION NO. 1599, 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 NO. 48 It was moved by Member Rustigian, seconded by Member Mitchell, that Resolution No. 1599 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None "Central Contra Costa Sanitary District 1250 Springbrook Road Walnut Creek, California Gentlemen: Re: Local Improvement District No. 48 I am acquainted with the sanitary sewerage project which you propose to undertake pursuant to special assessment and assessment bond proceed- ings, or other appropriate proceedings, for sewering the area described in your Resolution No. 1598, 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 Appro- priate Proceedings, for the Construction of a Sanitary Sewerage System and Appurtenances, as Necessary as a Health Measure, Local Improvement District No. 48. nQ , ~ t:.t:. I recommend, as necessary as a health measure, that you undertake proceedings 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 changes and modifications therein as you shall find to be proper or advisable, in the manner provided by law. Yours respectfully, Isl Henrick L. Blum Health Officer of the County of Contra Costa and ex-officio Health Officer of the Central Contra Costa Sanitary District RESOLUTION NO. 1600, A RESOLUTION REQUESTING CONSENT OF BOARD OF SUPER- VISORS OF CONTRA COSTA COUNTY 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. 48 It was moved by Member Roemer, seconded by Member Rustigian, that Resolution No. 1600 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None RESOLUTION NO. 1601, A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS, LOCAL IMPROVEMENT DISTRICT NO. 48 . It was moved by Member Rustigian, seconded by Member Allan, that Resolution No. 1601 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None RESOLUTION NO. 1602, A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT, LOCAL IMPROVEMENT DISTRICT NO. 48 It was moved by Member Mitchell, seconded by Member Rustigian, that Resolution No. 1602 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None RESOLUT10N NO. 1603, A RESOLUTION ESTABLISHING PREVAILING WAGE SCALE, LOCAL IMPROVEMENT DISTRICT NO. 48 It was moved by Member Rustigian, seconded by Member Allan, that Resolution No. 1603 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None RESOLUTION NO. 1604, A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS, AND DIRECTING NOTICE, LOCAL IMPROVEMENT DISTRICT NO. 48 It was moved by Member Rustigian, seconded by Member Roemer, that Resolution No. 1604 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None RESOLUTION NO. 1605, A RESOLUTION CALLING FOR SEALED PROPOSALS, LOCAL IMPROVEMENT DISTRICT NO. 48 It was moved by Member Roemer, seconded by Member Rustigian, that Resolution No. 1605 be adopted. Carried by the following vote: 09 15 66 AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None RESOLUTION NO. 1606, A RESOLUTION DIRECTING THE PREPARATION AND RECORDATION OF A MAP OF ASSESSMENT DISTRICT AND RECORDATION OF NOTICE OF ASSESSMENT, LOCAL IMPROVEMENT DISTRICT NO. 48 It was moved by Member Rustigian, seconded by Member Mitchell, that Resolution No. 1606 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None RESOLUTION NO. 1607, A RESOLUTION ORDERING ANNEXATION OF DISTRICT ANNEXATION NO. 13, SUN VALLEY SHOPPING CENTER AND YGNACIO VALLEY CATHOLIC HIGH SCHOOLS Mr. Horstkotte, District Manager-Engineer, stated this was the final action of the District Board to annex. It was moved by Member Rustigian, seconded by Member Mitchell, that Resolution No. 1607 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None RESOLUTION NO. 1608, A RESOLUTION OF APPLICATION FOR ANNEXATION OF DISTRICT ANNEXATION NO. 15, VARIOUS PROPERTIES Mr. Horstkotte, District Manager-Engineer, stated that the various petitions were 100% for annexation. It was moved by Member Rustigian, seconded by Member Allan, that Resolution No. 1608 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None CORRESPONDENCE FROM DESMOND G. KELLY, ATTORNEY, RE MI. DIABLO UNIFIED SCHOOL DISTRICT EASEMENT Mr. Horstkotte, District Manager-Engineer, stated that Mr. Kelly was re- questing that the District sign a right of entry agreement which would subor- dinate the District's right in the area where the County would install a street. After discussion, in which Member Rustigian thought a way should be found without denial so the school could go ahead with their sewer, it was moved by Member Mitchell, seconded by Member Allan, that the request for a right of entry agreement be denied and the Counsel for the District be instructed to write a simple letter of denial. Carried by the following vote: AYES: NOES: ABSENT: Members: Member: Members: Mitchell, Roemer, Allan and Gibbs Rustigian None ACCEPTANCE OF EASEMENTS It was moved by Member Roemer, seconded by Member Rustigian, that easements from Reinhardt M. Rosenberg and Charles B. David be accepted and their record- ing ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None APPROVAL OF PLANS AND SPECIFICATIONS FOR DISTRICT SEWERING JOB 1372 (STATE UTILITY AGREEMENT #485.4) AND AUTHORIZATION TO CALL FOR BIDS Mr. Horstkotte, District Manager-Engineer, presented plans and specifications for District Sewering Project 1372, from Orinda to Charles Hill Road. State reloca- tion work estimated to cost $87,550.00; the total cost to be recovered from the State. 09 15 66 53 It was moved by Member Rustigian, seconded by Member Allan, that the plans and specifications for District Sewering Project 1372 be approved and the call for bids be authorized. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None APPROVAL OF PLANS AND REVISION OF COST ESTIMATE ON NORTH CALIFORNIA BLVD. EXTENSION FOR THE CITY OF WALNUT CREEK Mr. Horstkotte, District Manager-Engineer, wished $12,140.00 previously authorized for cost of structure streets to show that the cost shall be for payments to Creek and also District costs. He stated that this is ization--there will be more to come. to clarify the changes in the city the City of Walnut not a complete author- It was moved by Member Roemer, seconded by Member Mitchell, that the previous authorization of $12,140.00 to cover structure change costs shall be for payments to the City of Walnut Creek and District costs. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None SALARIES OF ELECTION OFFICIALS Mr. Horstkotte, District Manager-Engineer, reported the County pays Inspectors $21.00 and Judges $18.00 in local elections similar to the District election. It was moved by Member Rustigian, seconded by Member Mitchell, that Inspectors for the District election on September 13,1966, be paid $21.00 and the Judges be paid $18.00. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None REQUEST OF CLIFFORD T. ROGERS FOR RELIEF FROM PAYMENT OF PENALTY AND INTEREST ON SEWER SERVICE CHARGE ACCOUNT NO. 131-L Mr. Horstkotte, District Manager-Engineer, stated that Mr. Rogers, on receiving his 3rd quarter service charge bill, discovered that his payment made, as stated in his letter received by the District on August 22,1966, by his Check No. 386 on the Wells Fargo, Lafayette Branch, had not been credited to his account. Mr. Rogers was written a letter September 13, 1966, stating the District had no record of having received his check and suggested stopping payment and sending another to the District. Another check was received by the District on September 15,1966, with the request for relief from penalties and interest incurred due to the lost check. It was moved by Member Mitchell, seconded by Member Allan, that the penalties and interest incurred by Mr. Clifford T. Rogers, as a result of a lost check, in payment of Account No. 131-L, be cancelled. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None PROTEST OF WALTER E. WENDT RE WORK IN LOCAL IMPROVEMENT DISTRICT NO. 45, PARCEL 13 Mr. Horstkotte, Engineer for Local Improvement District No. 45, stated that another letter had been received from Mr. Walter E. Wendt for a damage claim in Local Improvement District No. 45 which has been before the Board previously and denied. OU,r V 15 66 54 It was moved by Member Roemer seconded by Member Allan, that the Walter E. Wendt claim be denied and referred to Mr. Bohn, Counsel for the District, for answer. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None PROTEST OF MANUEL AND RITA SANTOS ON ASSESSMENT NO. 45-1-2-4 Mr. Horstkotte, Engineer for Local Improvement District No. 45, presented the Santos letter of protest on the basis of over-assessment as to the number of parcels. Mr. Horstkotte explained how the assessment was determined and stated it was the staff's recommendation to deny. Mr. Carniato, representing Mr. Bohn, Counsel for the District, stated that it was evident that the protest was not valid, but also too late (after the date of Hearing of protests). It was moved by Member Roemer, seconded by Member Rustigian, that the Santos protest be denied and referred to Mr. Bohn, Counsel for the District, for answer. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None INVOICE OF JOHN A. BOHN FOR CONDEMNATION SERVICES - BARTD TUNNEL RIGHT OF WAY Mr. Horstkotte, District Manager-Engineer, explained that BARTD had authorized the District, in writing, to acquire the easements necessary for the relocation of District facilities, as a result of BARTD work, and to file condemnation proceedings, if needed. The invoice was for filing condemnation of Porter, Glavis, Stayer and Kaitz properties. After discussion, it was moved by Member Roemer, seconded by Member Rustigian, that $1,000.00 be paid to Mr. Bohn, Counsel for the District, for filing of condemnations for Porter, G1avis, Stayer and Kaitz properties. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None VIII. REPORTS DISTRICT MANAGER-ENGINEER PUBLICITY BINDERS FOR BOARD MEMBERS Mr. Members various folders Horstkotte, District Manager-Engineer, stated that the Board had received binders with District publicity clipped from the newspapers. He stated that added publicity would be in the Board at each meeting with holes punched to fit the binders. AUTHORIZATION FOR THE NEXT TREATMENT PLANT ENLARGEMENT WORK Mr. Horstkotte requested $8,000.00 from Sewer Construction funds for District expenses for the next Treatment Plant Enlargement work; inspection, surveys, etc. After discussion, it was moved by Member Mitchell, seconded by Member Allan, that $8,000.00 be authorized from Sewer Construction funds for District expenses in the proposed Treatment Plant Enlargement. Carried by the following vote: AYES: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs NOES: Members: None 09 ABSENT: Members: None 15 6 6 s~ AUTHORIZATION TO PURCHASE CERTAIN SPECIAL STRUCTURES FOR THE OUTFALL SEWER MODIFICATIONS Mr. Horstkotte presented partially completed plans for the Outfall Sewer modifications. Mr. Horstkotte requested authorization to purchase certain special struc- tures which require a long delivery period and going out to bid for the remainder of the work. The special structures estimated to cost $7,359.00. It was moved by Member Roemer, seconded by Member Mitchell, that purchase of certain special equipment for the Outfall Sewer modifications be authorized from Sewer Construction Funds in the Amount of $7.359.00. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None PROGRESS OF LOCAL IMPROVEMENT DISTRICT NO. 46 WORK Mr. Horstkotte reported that Local Improvement District No. 46 work has progressed to the point that the Junior College is ready for connection. PROGRESS OF LOCAL IMPROVEMENT DISTRICT NO. 44 ROADS RESTORATION WORK Mr. Horstkotte reported that Local Improvement District No. 44 roads restoration work is not going as rapidly as desired. CALIFORNIA SANITARY AND SANITATION DISTRICTS ASSOCIATION QUESTIONNAIRE Mr. Horstkotte stated that a questionnaire sent to all sanitary and sanita- tion districts in the State was meeting a good response and that the next Exe- cutive Committee Meeting of the California Sanitary and Sanitation Districts Association would be held in Walnut Creek, September 21, 1966, when a tabulation and a formal report would be made. Mr. Horstkotte estimated there would be 18 at the Meeting and requested authorization for expenses to host the luncheon. ,It was moved by Member Mitchell, seconded by Member Roemer, that the District pay the cost of the luncheon for Members of the California Sanitary and Sanitation Districts Association attending the Executive Committee Meeting in Walnut Creek, September 21, 1966. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Mitchell, Rustigian, Roemer, Allan and Gibbs None None CONSOLIDATION OF LOCAL ELECTIONS Member Mitchell stated that he was concerned with the number of people vot- ing in the election and an effort should be made to consolidate local elections. COUNSEL FOR THE DISTRICT DR. MALONEY DAMAGE SUIT Mr. Carniato, representing Mr. Bohn, Counsel for the District, reported that the long-standing Dr. Maloney damage suit was scheduled for trial on Nov. 21, 1966. IX. ADJOURNMENT At 10:35 o'clock P.M., the meeting was adjourned by President Mitchell to October 6, 1966. COUNTERSIGNED: -> ../ '-:;. )-A ì ~;' ~~-~iS ~;~-Board of Central Contra Costa Sanitary District of Contra Costa County, State of California President f the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 09 15 66