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.
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15
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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:
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15
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,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
,
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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:
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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.
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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.
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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
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