HomeMy WebLinkAboutBOARD MINUTES 11-03-66
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MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD NOVEMBER 3, 1966
The District Board of Central Contra Costa Sanitary District convened in
a Regular Session at its regular place of meeting located at 1250 Springbrook
Road, Walnut Creek, County of Contra Costa, State of California, on November 3,
1966, at 8:00 o'clock P.M.
The meeting was called to order by President Gibbs
1.
ROLL CALL
PRESENT:
Members:
Mitchell, Rustigian, Allan and Gibbs
ABSENT:
Member:
Roemer
II.
APPROVAL OF MINUTES
It was moved by Member Mitchell, seconded by Member Rustigian, that the
Minutes of the October 20, 1966, meeting be approved, subject to adding, under
"CURRY AWARD WINNER, DAVID NILES", the following:
"President Gibbs stated that the Executive Session on October 6,1966,
was for the purpose of informing the District Board that David Niles had been
selected for the Curry Award, which at the time had not been made public."
III.
APPROVAL OF EXPENDITURES
It was moved by Member Rustigian, seconded by Member Allan, that the
expenditures, 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 78 to 95, inclusive, Running Expense
Vouchers Numbers 5544 to 5681, inclusive, and Payroll Vouchers Numbers 1 to
365, inclusive. Carried by the following vote:
AYES: Members: Mitchell, Rustigian, Allan and Gibbs
NOES: Members: None
ABSENT: Member: Roemer
IV. HEARINGS
None.
V. BIDS
None.
VI.
OLD BUSINESS
CONSIDER SALE OF LOCAL IMPROVEMENT DISTRICTS NOS. 44 AND 45 BONDS
Continued to November 17, 1966.
SALE OF TREATMENT PLANT PROPERTY
President Gibbs asked Mr. Horstkotte, District Manager-Engineer, for a
report.
Mr. Horstkotte stated that the Members had each received a memorandum
dated November 3, 1966, setting forth conditions the staff feels should be in
the deed if property at the Treatment Plant is sold.
After discussion, it was moved by Member Allan, seconded by Member
Mitchell, that the staff prepare a deed and notice of sale of the approximately
13 acres at the Treatment Plant, setting forth terms, easements, conditions
and restrictions relative to the sale and use of the property. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer 11
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66
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Continued to November 17,1966.
CITY OF MARTINEZ ANNEXATION
Mr. Bohn, Counsel for the District, stated that due to continued litigation,
the District Board is not in a position to act on the City of Martinez annexation.
Mr. Bohn requested an Executive Session to discuss the City of Martinez
annexation litigation.
President Gibbs stated the Executive Session would be postponed until the
end of the meeting.
Continued to November 17, 1966.
DISTRICT ANNEXATION 16
Mr. Horstkotte, District Manager-Engineer, explained that District Annexa-
tion 16, as related to Local Improvement District No. 30, was checked and there
appears to be no conflict with the Board of Supervisors' action in consenting
to the formation.
Mr. Horstkotte and Member Mitchell discussed Resolution No. 877 as it
related to District Annexation 16.
Mr. Bohn, Counsel for the District, questioned whether one Board could
bind future Boards as to permitting only voluntary annexations.
President Gibbs stated that, with the City of Martinez litigation, this is
a bad time to reach out for annexations.
Member Mitchell felt it would be imposing the District tax rate on agricul-
tural areas not ready for development.
After discussion, Members of the Board felt that the District Annexation
16 type of annexation should wait until the City of Martinez annexation has
been determined before giving further consideration.
VII.
NEW BUSINESS
NOTICES OF COMPLETION FOR LOCAL IMPROVEMENT DISTRICT NO. 44, SCHEDULES 5, 6
AND 7, AND LOCAL IMPROVEMENT DISTRICT NO. 46
The following Resolutions were presented for adoption:
RESOLUTION NO. 1619, A RESOLUTION RESCINDING RESOLUTION NO. 1536, A
RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE
OF ACCEPTANCE AND COMPLETION, ADOPTED FEBRUARY 17, 1966, LOCAL IMPROVE-
MENT DISTRICT NO. 44-5
Mr. Horstkotte, District Engineer for Local Improvement District No. 44,
stated that the Notice of Completion had not been filed as it was determined
that additional work was necessary for completion.
It was moved by Member Mitchell, seconded by Member Rustigian, that Resolu-
tion No. 1619 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
RESOLUTION NO. 1620, A RESOLUTION ACCEPTING COMPLETION AND DIRECTING
ENGINEER TO FILE NOTICE OF ACCEPTANCE AND COMPLETION, LOCAL IMPROVEMENT
DISTRICT NO. 44-5, CONTRACTOR CLEVERDON
It was moved by Member Mitchell, seconded by Member Allan, that Resolution
No. 1620 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
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RESOLUTION NO. 1621, A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER
TO FILE NOTICE OF ACCEPTANCE AND COMPLETION, LOCAL IMPROVEMENT DISTRICT
NO. 44-5, CONTRACTOR H. E. JOHNSON CONSTRUCTION CO.
It was moved by Member Allan, seconded by Member Mitchell, that Resolution
No. 1621 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
RESOLUTION NO. 1622, A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER
TO FILE NOTICE OF ACCEPTANCE AND COMPLETION, LOCAL IMPROVEMENT DISTRICT NO.
44-6, CONTRACTOR CLEVERDON
It was moved by Member Mitchell, seconded by Member Rustigian, that Resolu-
tion No. 1622 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
RESOLUTION NO. 1623, A RESOLUTION ACCEPTING COMPLETION AND DIRECTING
ENGINEER TO FILE NOTICE OF ACCEPTANCE AND COMPLETION, LOCAL IMPROVEMENT
DISTRICT NO. 44-6, CONTRACTOR H. E. JOHNSON CONSTRUCTION CO.
It was moved by Member Mitchell, seconded by Member Rustigian, that
Resolution No. 1623 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
RESOLUTION NO. 1624, A RESOLUTION ACCEPTING COMPLETION AND DIRECTING
ENGINEER TO FILE NOTICE OF ACCEPTANCE AND COMPLETION, LOCAL IMPROVEMENT
DISTRICT NO. 44-7, CONTRACTOR CLEVERDON
It was moved by Member Mitchell, seconded by Member Allan, that Resolution
No. 1624 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
RESOLUTION NO. 1625, A RESOLUTION ACCEPTING COMPLETION AND DIRECTING
ENGINEER TO FILE NOTICE OF ACCEPTANCE AND COMPLETION, LOCAL IMPROVEMENT
DISTRICT NO. 44-7, CONTRACTOR H. E. JOHNSON CONSTRUCTION CO.
It was moved by Member Mitchell, seconded by Member Allan, that Resolution
No. 1625 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
TRANSFER OF $29,906.03 ENGINEERING COSTS FROM LOCAL IMPROVEMENT DISTRICT
NO. 46 TO LOCAL IMPROVEMENT DISTRICT NO. 47
Mr. Horstkotte, Engineer for Local Improvement District No. 46, stated
that Local Improvement District No. 46 was to be done in two sections: Golf
Club Road and Orinda Uplands. Orinda Uplands was not ready to proceed and Golf
Club Road went ahead, with the result there was $29,906.03 for engineering in
the account of Local Improvement District No. 46 for the Orinda Uplands area.
Mr. Horstkotte requested authorization to transfer the $29,906.03 to Local
Improvement District No. 47 which will now be the Orinda Uplands Assessment
District.
It was moved by Member Mitchell, seconded by Member Rustigian, that $29,906.03
engineering costs for the Orinda Uplands area be transferred from Local Improve-
ment District No. 46 to Local Improvement District No. 47, the new designation
for the Orinda Uplands Assessment District. Carried by the following vote:
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AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
RESOLUTION NO. 1626, A RESOLUTION CORRECTING AND MODIFYING ASSESSMENT,
LOCAL IMPROVEMENT DISTRICT NO. 46
It was moved by Member Mitchell, seconded by Member Rustigian, that
Resolution No. 1626 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
RESOLUTION NO. 1627, A RESOLUTION ACCEPTING COMPLETION AND DIRECTING
ENGINEER TO FILE NOTICE OF ACCEPTANCE AND COMPLETION, LOCAL IMPROVEMENT
DISTRICT NO. 46
It was moved by Member Allan, seconded by Member Rustigian, that
Resolution No. 1627 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
CLAIMS FOR DAMAGES
Mrs. G. A. Glaze
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
Mr. Horstkotte, District Manager-Engineer, read a letter from Mrs. G. A.
Glaze dated October 20,1966, relative to damage to three walnut trees during
work in Local Improvement District No. 43 in 1964.
Mr. Horstkotte stated that the claim would be investigated and reported
to the Board at a later date.
Thomas A. Chattock
Mr. Horstkotte, District Manager-Engineer, read a letter from Mr. Thomas
A. Chattock relative to claim for damages in Local Improvement District No. 44
against H. E. Johnson Construction Co., contractor.
Mr. Horstkotte stated this appeared to be a valid claim in the amount of
$95.00 and it would be included with the rest of the claims against H. E.
Johnson Construction Co.
RESOLUTION NO. 1628, A RESOLUTION ABOLISHING ELIGIBLE LIST FOR RECEPTIONIST-
TYPIST (RESOLUTION NO. 1529, ADOPTED NOVEMBER 4, 1965
On the recommendation of Mr. Horstkotte, District Manager-Engineer, it
was moved by Member Rustigian, seconded by Member Allan, that Resolution No.
1628 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
qUIT CLAIM DEED TO RESIDENTIAL PROPERTIES, INC., LOTS 57 AND 58, TRACT 3484
Mr. Horstkotte, District Manager-Engineer, explained that a church had
purchased several lots in a subdivision for a church site and two lot line
easements interfered with the building site.
Upon the recommendation of Mr. Horstkotte, District Manager-Engineer, it
was moved by Member Rustigian, seconded by Member Allan, that the Quit Claim
Deed to easements on Lots 57 and 58 of Tract 3484 be executed by the President
and Secretary. Carried by the following vote:
AYES:
NOES:
ABSENT:
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03
Members:
Members:
Member:
66
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
,....3
i.
QUIT CLAIM DEED FROM RESIDENTIAL PROPERTIES, INC. FOR TWO DRIVEWAYS CROSSING
60 FOOT STRIP BORDERING TRACT 3484, OWNED IN FEE BY THE DISTRICT
Mr. Horstkotte stated this was also to accommodate the church. The two
25 foot driveway easements had previously been granted by the District and
were now to be relocated.
It was moved by Member Rustigian, seconded by Member Allan, that the Quit
Claim Deed from Residential Properties, Inc. be accepted and its recording
ordered. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
GRANT OF EASEMENT FOR TWO 25 FOOT NON-EXCLUSIVE RIGHT OF WAY EASEMENTS TO
RESIDENTIAL PROPERTIES, INC.
Mr. Horstkotte explained that these easements were to relocate the above
Quit Claimed 25 foot strips.
It was moved by Member Rustigian, seconded by Member Allan, that the Grant
of Easements for two 25 foot strips across the 60 foot strip fronting on Tract
3484, owned in fee by the District, be executed by the President and Secretary.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
CONSENT TO DEDICATION TO PUBLIC ROADS, TRACT 3332
Mr. Horstkotte, District Manager-Engineer, recommended that the President
and Secretary be authorized to execute the "Consent to Dedication of Public
Roads", Tract 3332, Alamo Knolls.
It was moved by Member Mitchell, seconded by Member Rustigian, that the
President and Secretary be authorized to execute the "Consent to Dedication of
Public Roads", Tract 3332, Alamo Knolls. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
UNINSURED MOTORISTS COVERAGE
Mr. Horstkotte, District Manager-Engineer, presented an "Agreement to
Delete Protection Against Uninsured Motorists Coverage".
Mr. Horstkotte stated that this insurance was for personal injuries only
and is in an area covered by Workmen's Compensation.
Mr. Bohn, Counsel for the District, stated that it might be to the benefit
of the District to carry the insurance because of the low cost.
Continued to November 17,1966.
JOB 1263, SERVICE BY SMALL PUMP UNIT TO ELEVEN LOTS
Mr. Horstkotte, District Manager-Engineer, explained that there had been
a discussion with the owners of Job 1263 some time ago that they might install
temporary pump service to eleven lots which would be connected to the main sewer
at the time Tract 2470 sewers were installed.
Mr. Horstkotte stated that Tract 2470 has now been abandoned and reverted
back to unsubdivided, raw land.
Mr. Peters, representing the owners of the eleven lots, stated that road
work was presently being done and the lots could not be sold until utilities are
in.
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Mr. Bohn, Counsel for the District, stated that, if a temporary pumping
unit was to be permitted, some form of agreement running with the land should
be entered into rather than with the present subdivider for installation and
maintenance costs.
After discussion, President Gibbs stated it would take time for the staff
to try and solve the problem and the District could not give any assurance at
the present time. The subdivider would go ahead at his own risk.
DISTRICT CONSENT FOR STATE OF CALIFORNIA TO CONDEMN EASEMENTS UNDER UTILITIES
AGREEMENT 485.4
Mr. Horstkotte, District Manager-Engineer, presented
Division of Highways requesting that the District consent
condemnation action, if necessary, for easements they are
District between Orinda and Dolores Drive, Lafayette.
a letter from the
to their filing of
to provide for the
RESOLUTION NO. 1629, A RESOLUTION CONSENTING TO CONDEMNATION PROCEEDINGS,
IF REQUIRED, TO OBTAIN THE REPLACEMENT EASEMENTS FOR THE DISTRICT BY THE
DIVISION OF HIGHWAYS UNDER UTILITIES AGREEMENT 485.4, ORINDA TO DOLORES~
DRIVE, LAFAYETTE
Upon the recommendation of Mr. Horstkotte, it was moved by Member Mitchell,
seconded by Member Rustigian, that Resolution No. 1629 be adopted. Carried by
the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
LEAVE OF ABSENCE FOR KAREN ROMEO, DECEMBER 1,1966, TO MAY 1, 1967
It was moved by Member Rustigian, seconded by Member Allan, that Karen
Romeo be granted a leave of absence from December 1, 1966, to May 1,1967.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
VIII.
REPORTS
DISTRICT MANAGER-ENGINEER
RELOCATION TUNNEL IN ORINDA
Mr. Horstkotte, District Manager-Engineer, reported that the relocation
tunnel work in Orinda is progressing satisfactorily with over 1,000 feet of
excavation completed of the total of 4,700 feet to be done.
DIGESTER PROBLEMS
Mr. Horstkotte reported that for the past several months there have been
digester problems at the Treatment Plant.
He estimated it would cost about $6,000.00 to correct the problems which
had not been anticipated in the Running Expense Budget.
Mr. Horstkotte requested an authorization from Sewer Construction funds to
purchase two pumps at a cost of $1,100.00 to replace the present water system
pumps at the Treatment Plant which have been in use since 1957.
It was moved by Member Mitchell, seconded by Member Rustigian, that
$1,100.00 be authorized from Sewer Construction funds for two pumps to replace
the water system pumps at the Treatment Plant. Carried by the following vote:
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75
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
HYDRAULIC SHORING
Mr. Horstkotte requested authorization to purchase six sets of hydraulic
shoring for the Maintenance Department Running Expense equipment account at a
cost of $1,002.00.'
After an explanation of the need, it was moved by Member Mitchell, seconded
by Member Allan, that $1,002.00 be authorized from Running Expense funds for the
purchase of six sets of hydraulic shoring. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
COUNSEL FOR THE DISTRICT
SETTLEMENT OF EASEMENT PARCEL NO. 44-6-16, McCOY
Mr. Bohn, Counsel for the District, recommended and requested authorization
to settle the McCoy, Local Improvement District No. 44-6-16 easement parcel
condemnation action for $1,375.00, which includes $422.00 previously authorized
by the Board, for damage to trees, shrubs, etc.
After an explanation from Mr. Bohn, it was moved by Member Rustigian,
seconded by Member Allan, that the McCoy condemnation, easement Parcel No. 44-6-16,
be settled for $1,375.00. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
H. E. JOHNSON CONSTRUCTION CO. LITIGATION
Mr. Bohn stated that he had met with H. E. Johnson and his bonding company
and had discussed settlement of the litigation and claims.
Mr. Bohn reviewed with the Board Members the claims and the differences
between H. E. Johnson and the District.
DR. MALONEY LITIGATION FOR DAMAGES
Mr. Bohn stated the Dr. Maloney litigation for damages involving Ball
and Simpson and the District was going to trial on November 21, 1966, and he
requested extra compensation in the amount of $2,500.00 for services of his
office.
It was moved by Member Mitchell,
be authorized from Sewer Construction
for the District, for his services in
the following vote:
seconded by Member Allan, that $2,500.00
funds for payment to Mr. Bohn, Counsel
the Dr. Maloney litigation. Carried by
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Mitchell, Rustigian, Allan and Gibbs
None
Roemer
EXECUTIVE SESSION
President Gibbs called for an Executive Session to discuss the Martinez
annexation litigation.
President Gibbs reconvened to Regular Session.
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IX.
ADJOURNMENT
At 11:30 o'clock P.M., the meeting was adjourned by President Gibbs
to November 17, 1966.
ð~~
President of'the District Board of the
Central Contra Costa Sanitary District
of Contra Costa County, State of California
COUNTERSIGNED:
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(/é .,ç-'C;:::-~- ~;- ~-,
Sec of the District Board of
Central Contra Costa Sanitary District of
Contra Costa County, State of California
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