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HomeMy WebLinkAboutBOARD MINUTES 11-17-66 77 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD NOVEMBER 17,1966 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 November 17, 1966, at 8:00 o'clock P.M. The meeting was called to order by President Gibbs. 1. ROLL CALL PRESENT: Members: Roemer, Allan and Gibbs. ABSENT: Members: Mitchell and Rustigian Member Rustigian arrived at 8:17 o'clock P.M. II. APPROVAL OF MINUTES The Minutes of the meeting of November 3,1966, were approved as presented. II 1. APPROVAL OF EXPENDITURES None. IV. HEARINGS DISTRICT ANNEXATION 12 President Gibbs opened the Hearing on District Annexation 12 and asked for written protests. The following written protests were presented: Winton Jones Development Co., Memory Gardens of Contra Costa, Inc., and Phillips Petroleum Company. Mr. Horstkotte, District Manager-Engineer, presented a map of the annexation and explained why these properties were included with the Naval Weapons Depot. President Gibbs asked if there were any further protests and if anyone wished to be heard. Mr. J. R. Morley, Division Manager of Phillips Petroleum Company, stated their property had no need for sewer service. Mr. Horstkotte recommended the protests be accepted and the Hearing con- tinued to December 1, 1966. President Gibbs continued the Hearing to December 1, 1966. v. BIDS TRUCKS Mr. Horstkotte, District Manager-Engineer, presented the following bids for trucks: Lafayette Ford A. 2 - 1/2 Ton pickup trucks, $4,021.50 Trade in 19611/2 ton pickup 1962 1/2 ton pickup Net Price with Trade $2,896.50 11 17 66 78 B. 1 - 1 ton pickup truck & chassis, $2,304.01 Trade in 1961 1 ton truck Net Price with Trade $1,904.00 TOTAL $4,800.50 Parker-Robb Chevrolet A. 2 - 1/2 ton pickup trucks, $2,705.18 Trade in 1961 1/2 ton pickup 1962 1/2 ton pickup Net Price with Trade $2,705.18 B. 1 - 1 ton pickup truck & chassis, $2,153.79 Trade in 1961 1 ton truck Net Price with Trade TOTAL 1,703.79 $4,408.97 On the recommendation of Mr. Horstkotte, it was moved by Member Rustigian, seconded by Member Allan, that 2 - 1/2 ton pickup trucks and 1 - 1 ton pickup truck and chassis be purchased from Parker-Robb Chevrolet on their bid of $4,408.97 with trade-ins of 2 - 1/2 ton pickup trucks and 1 - 1 ton truck. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Rustigian, Roemer, Allan and Gibbs None Mitchell V1. OLD BUSINESS CONSIDER SALE OF LOCAL IMPROVEMENT DISTRICTS NOS. 44 M~D 45 BONDS Continued to December 1, 1966. SALE OF TREATMENT PLANT PROPERTY Mr. Horstkotte, District Manager-Engineer, explained to Mrs. Gibbs, real estate broker, that the agreement for sale of the Treatment Plant property had not been completed. He explained the conditions of the agreement and stated it was expected to be ready for the December 1,1966, meeting. Continued to December 1, 1966. CITY OF MARTINEZ ANNEXATION Mr. Horstkotte, District Manager-Engineer, stated that the injunction in the matter of the Martinez annexation litigation had been lifted but an appeal is pending. Mr. Hughey, City Manager of Martinez, introduced Mr. Costanza, Mayor of Martinez, Rosalie Benson, Councilwoman, and Mr. Hoey, City Attorney. Mr. Hughey stated that the City Council was unanimous in wanting to proceed with annexation immediately backed up with a contract pending settlement of the litigation. Mr. Horstkotte stated the staff and Mr. Bohn had been in discussion with the City officials and have arrived at the conclusion that the annexation proceedings should be completed but not filed until the litigation has been settled. In the meantime, the City and District to enter into a contract for installation of the sewer line to connect the City of Martinez to the District system. The contract to provide that the City shall pay to the District the equivalent of the District's running expense fund until such time as the annexation is completed. '11 17 66 ~~-9 President Gibbs stated that under the conditions, the District Board would have to lean heavily on District Counsel if the Board was to decide to proceed to proceed at this time. Mr. Hoey, City Attorney, felt the annexation and agreement should proceed without delay. Mr. Carniato, representing Mr. Bohn, Counsel for the District, stated that there was nothing in the way of the Board's proceeding at this time. Mr. Horstkotte and Mr. Hughey both stated that they felt everything had been done to prevent the City and District from getting into an embarrassing situation. Mr. Horstkotte stated that it would be June, 1967, before the plans and specifications would be ready and a year of construction. President Gibbs stated that the contract should be written in such a way that, if the annexation failed, the contract would continue. Mr. Horstkotte stated that the contract would be written in perpetual form with a cancellation clause. Member Roemer asked if Federal funds were available under these conditions. Mr. Carniato stated that the funds would be spent pursuant to the agree- ment between the City and the District. After discussion, it was moved by Member Roemer, seconded by Member Allan, that the staff and District Counsel be instructed to go ahead with the plan for serving the City of Martinez and that the agreement and proceedings be prepared. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Rustigian, Roemer, Allan and Gibbs None Mitchell President Gibbs stated that the Board was not anxious to move too rapidly in this matter so as to protect the interests of the District. The Board is happy to furnish service to Martinez although no gain to the District would be derived. Member Roemer stated the District could live with or without the City of Martinez, but has a responsibility to the entire area. Continued to November 22,1966. UNINSURED MOTORISTS COVERAGE Continued to November 22,1966. MAINTENANCE AGREEMENT, JOB 1263 Mr. Horstkotte, District Manager-Engineer, explained to Mr. Peters, repre- senging owners of Job 1263, the terms under which the District would maintain the pump to be installed to serve eleven lots. He stated the agreement had not been prepared as yet but would include an annual charge of $20.00 per lot for maintenance, provision for cost in case of breakdown in the pump unit, and an agreement to be included in an assessment district when main lines are installed, preferably within five years. After discussion, it was moved by Member Rustigian, seconded by Member Allan, that the President and Secretary be authorized to execute an agreement with the owners of Job 1263, subject to the approval of Mr. Bohn, Counsel for the District, and Mr. Horstkotte, District Manager-Engineer. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Rustigian, Roemer, Allan and Gibbs None Mitchell 11 17 66 E'O INVOICE OF JOHN A. BOHN, $2,973.50 Invoice dated November 8,1966, from John A. Bohn, Counsel for the Dis- trict, in the sum of $2,973.50 for professional services re Central Contra Costa Sanitary District vs. H. E. Johnson, contractor, Local Improvement District No. 44, was presented. It was moved by Member Roemer, seconded by Member Rustigian, that $2,973.50 be paid to John A. Bohn, Counsel for the District, for professional services re Central Contra Costa Sanitary District vs. H. E. Johnson, contrac- tor for Local Improvement District No. 44, and authorizing the charge to Local Improvement District No. 44. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Rustigian, Roemer, Allan and Gibbs None Mitchell VII. NEW BUSINESS QUIT CLAIM DEED TO RESIDENTIAL PROPERTIES, INC. On the recommendation of Mr. Horstkotte, District Manager-Engineer, it was moved by Member Rustigian, seconded by Member Allan, that the President and Secretary be authorized to execute the Quit Claim Deed to Residential Properties, Inc., for Lots 46 and 47, Tract 3542. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Rustigian, Roemer, Allan and Gibbs None Mi tchell CORRESPONDENCE FROM MUND, MC LAURIN & CO., INSURANCE ANALYSTS Form of agreement for review and analysis of District insurance policies sent each Board Member was discussed. Board Members indicated interest in entering into an agreement and asked Mr. Horstkotte, District Manager-Engineer, to check with East Bay Municipal Utility District, one of Mund, McLaurin & Co. 's clients, and report at the next meeting. EXECUTION OF CONSENT TO DEDICATION OF PUBLIC ROADS, TRACT 3639, GLENWOOD On the recommendation of Mr. Carniato, representing Mr. Bohn, Counsel for the District, it was moved by Member Roemer, seconded by Member Allan, that the President and Secretary be authorized to execute the Consent to Dedication of Public Roads, Tract 3639, Glenwood. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Rustigian, Roemer, Allan and Gibbs None Mitchell CLAIM OF FRANK MIODUSZEWSKI, $10.00 Upon the recommendation of Mr. Horstkotte, District Manager-Engineer, it was moved by Member Rustigian, seconded by Member Roemer, that $10.00 be paid to Frank Mioduszewski for plumbing bill incurred as a result of sewer stoppage after receipt of signed Release in Full Settlement and Compro- mise. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Rustigian, Roemer, Allan and Gibbs None Mitchell VIII. REPORTS DISTRICT MANAGER-ENGINEER LEAVE OF ABSENCE FOR DARRELL JENSEN Mr. Horstkotte, District Manager-Engineer, presented a leave of absence for Darrell Jensen, Senior Inspector, from to February 16, 1967, and recommended it be granted. 66 request for November 23, 1966, 11 1'1 8'1 It was moved by Member Rustigian, seconded by Member Allan, that Darrell Jensen be granted a leave of absence from November 23,1966, to February 16, 1967. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Rustigian, Roemer, Allan and Gibbs None Mitchell TRANSFER OF FUNDS Mr. HOrstkotte recommended that $200,000.00 in the Running Expense Surplus account be transferred to the Sewer Construction fund. It was moved by Member Rustigian, seconded by Member Allan, that $200,000.00 in the Running Expense Surplus account be transferred to Sewer Construction. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Rustigian, Roemer, Allan and Gibbs None Mitchell AUTHORIZE PAYMENT TO GALLAGHER & BURK Mr. Horstkotte requested authorization to pay Gallagher & Burk $232.00 which has been in dispute over the replacement of clay sewer pipe with cast iron. It was moved by Member Rustigian, seconded by Member Roemer, that the Gallagher & Burk bill in the sum of $232.00 be paid. Carried by the follow- ing vote: AYES: NOES: ABSENT: Members: Members: Member: Rustigian, Roemer, Allan and Gibbs None Mitchell TUNNEL RELOCATION WORK Mr. Horstkotte reported that the Bay Area Rapid Transit District tunnel relocation work is now over 1,500 feet. COUNSEL FOR THE DISTRICT H. E. JOHNSON CONSTRUCTION CO. LITIGATION Mr. Carniato, representing Mr. Bohn, Counsel for the District, stated they had been in court on one Johnson claim. DR. MALONEY LITIGATION Mr. Carniato reported the Dr. Maloney trial had been postponed and it would be necessary to engage a soils engineer for the litigation. IX. ADJOURNMENT At 9:25 o'clock P.M., the meeting was adjourned by President Gibbs to November 22,1966. ¿:;{~L ~ President of t~ District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: -, / "" '~ / ) ~/"'-"'---;""'r?" ~"~~-z--, Secretáry of the District Board of Central Contra Costa Sanitary District of Contra Costa County, State of California 11 17 66