HomeMy WebLinkAboutBOARD MINUTES 03-16-67
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MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD MARCH 16, 1967
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 March 16, 1967, at 8:00 o'clock P.M.
The meeting was called to order by President Gibbs.
I.
ROLL CALL
PRESENT:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
ABSENT:
Members:
None
II.
APPROVAL OF MINUTES
It was moved by Member Mitchell, seconded by Member Roemer, that the
Minutes of the meeting of March 2, 1967, be approved, subject to the following
changes:
Under "VII. NEW BUSINESS". "REQUEST OF JOHN L. COOLEY FOR WAIVER OF
CONNECTION CHARGES", the last paragraph shall read:
"After discussion by Members of the Board, Member Roemer suggested the
staff investigate further, giving consideration to the unanticipated use of
the property."
and under "AGREEMENT RELATIVE TO BUILDING OVER SEWER EASEMENT. R. B.
JOHNSON", preceding the motion, the following paragraph shall be added:
"Mr. Horstkotte stated that Mr. Johnson is required to enter into an
agreement which provides for, in part, indemnification for damage to District
facilities, indemnification for extra District costs due to installation of
structure, property owner's liability for damage to third persons or property,
maintenance of structure is revocable, binds successors in interest."
and the last paragraph shall read as follows:
"After the explanation and recommendation by Mr. Horstkotte, General
Manager-Chief Engineer, it was moved by Member Roemer, seconded by Member
Allan, that the President and Secretary be authorized to execute the agreement
with Mr. R. B. Johnson, permitting him to build an office building and retail
stores (Job 576) over easement. Carried by the following vote:"
Motion amending Minutes carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
III.
APPROVAL OF EXPENDITURES
None.
IV.
HEARINGS
None.
V.
BIDS
None.
VI.
OLD BUSINESS
REQUEST OF JOHN L. COOLEY FOR WAIVER OF CONNECTION CHARGES
Mr. Horstkotte, General Manager-Chief Engineer, presented each Member of
the District Board copies of the sewer maintenance record showing the dates
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67
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and causes for maintenance of sewer in the easement on the Cooley property.
Mr. Horstkotte stated Mr. Cooley's driveway was a convenient means of access.
The report indicated frequent use due to roots entering the line.
Mr. Horstkotte stated that the frequency of use since 1954 was unantici-
pated, and recommended a payment of $200.00.
After discussion, Members of the Board felt $250.00 would be a more
equitable payment.
It was moved by Member Roemer, seconded by Member Mitchell, that $250.00
be paid to Mr. John L. Cooley for the unanticipated, excessive use of his
property and driveway for maintenance of the easement granted to the District
in 1954, after receipt of signed release of claim. Carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
STORM DAMAGE CLAIM. PATRICE MC KNIGHT
Mr. Horstkotte, General Manager-Chief Engineer, stated that Patrice McKnight
had previously notified the District, in writing, of damage as a result of sew
sewer overflow on January 21,1967. She now has presented a bill in the sum
of $60.00 from Concord Linoleum Service for repair of the damage.
Mr. Horstkotte stated it was the recommendation of the staff to pay.
It was moved by Member Allan, seconded by Member Roemer, that Patrice
McKnight be paid $60.00 damages as a result of sewer overflow January 21,
1967, after receipt of signed Release in Full Settlement and Compromise.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
VII.
NEW BUSINESS
CORRESPONDENCE FROM CONDON. DOLGIN. KULLY AND JAMESON RE EASEMENT FOR MINOR
SUBDIVISION 125-66
Mr. Horstkotte, General Manager-Chief Engineer, presented a letter from
Mr. Leonard A. Kully, attorney for Mrs. Edith Bagot, protesting easement across
her property to serve upgrade properties.
Mr. Horstkotte reported that Mr. Robert Beard had contacted Mrs. Bagot
in an effort to obtain an easement and, being unable to do so, requested that
the District obtain the easement.
Mr. Kully stated that service was available by pumping to Nob Hill Road.
Mr. Horstkotte stated it was District policy not to permit pumps when
gravity service can be obtained.
Mr. Horstkotte stated the Survey Department had investigated the location
on Mrs. Bagot's property and concluded this was the proper location for sewer
service to Mr. Beard's property and other upgrade properties.
After discussing the problem with Mr. Kully, Mrs. Bagot and her three
sons the District Board, upon the recommendation of the District staff,
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determined that the easement on Mrs. Bagot s property was t e proper ocat1on
to serve upgrade properties.
RESOLUTION NO. 1671. A RESOLUTION AUTHORIZING CONDEMNATION OF EASEMENT
ON THE PROPERTY OF MRS. EDITH BAGOT. 3180 WALNUT BLVD.. WALNUT CREEK
It was moved by Member Mitchell, seconded by Member Rustigian, that
Resolution No. 1671 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
President Gibbs stated that the District Board sits as a board of equal-
ization to make such determinations. He stated Mr. Beard would be required
to deposit $1,000.00 for expenses and sign a statement that h,= would be
responsible for expenses in excess of $1,000.00.
Mr. Horstkotte stated that every effort will be made to negotiate a
settlement prior to condemnation action.
RESOLUTION NO. 1672, A RESOLUTION ANNEXING PROPERTIES IN DISTRICT ANNEX-
ATION 17
Mr. Horstkotte, General Manager-Chief Engineer, explained this was the
final action by the Board for District Annexation l7.
It was moved by Member Mitchell, seconded by Member Rustigian, that
Resolution No. 1672 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
SETTLEMENT OF EASEMENT PARCEL 47-29. MANNON
Mr. Horstkotte, General Manager-Chief Engineer, presented a map showing
the easement requested of Mr. & Mrs. Mannon to sewer Local Improvement District
No. 47. The Mannons have sewers and do not benefit from this line. He stated
the easement can be settled for $800.00 and it was the staff's recommendation
to settle.
It was moved by Member Mitchell, seconded by Member Rustigian, that the
Mannon easement Parcel 47-29 be settled for $800.00. Carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
ACCEPTANCE OF EASEMENTS
It was moved by Member Mitchell, seconded by Member Rustigian, that ease-
ments from Calvin C. Hagstrom, Guy B. Catterton, Sr., Jack G. Hightower, Robert
A. Gordon, Myrtle Hewitt, Russell F. Boynton and Alfred Willis Elkinton be
accepted and their recording ordered. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
EXPENSES FOR G. A. HORSTKOTTE, JR. AND DAVID NILES TRIP TO ORANGE COUNTY TO
CHECK INCINERATOR INSTALLATIONS
Mr. Horstkotte requested authorization for trip and expenses for two days
to Orange County to investigate incinerator installations for himself and David
Niles, Superintendent of Water Pollution Control Plant.
The trip was at the suggestion of Brown & Caldwell, engineers, who are
making a study for the District of incinerators for the disposal of grease
and sludge.
It was moved by Member Mitchell, seconded by Member Roemer, that $60.00
each, plus transportation to Orange County, be authorized for Mr. Horstkotte,
General Manager-Chief Engineer, and Mr. Niles, Superintendent of Water Pollution
Control Plant, to investigate incinerator installations. Carried by the follow-
ing vote:
AYES:
NOES:
ABSENT:
03
16
Members:
Members:
Members:
67
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
127
DISTRICT SEWERING PROJECT 1419 EASEMENT CONDEMNATION
Mr. Horstkotte, General Manager-Chief Engineer, stated that acquisition
of easement Parcell of District Sewering Project 1419 appears to be present-
ing problems that may not be settled except by condemnation action.
Mr. Horstkotte presented the plan of the project previously approved by
the District Board, which showed the trees in the area of easement Parcell
which have to be removed and those which had to be trimmed in order to make
the sewer installation. He requested authorization to have an independent
appraisal made by an appraiser prepared to testify in court as to the value
of the easement as well as damage to the walnut trees.
RESOLUTION NO. 1673. A RESOLUTION AUTHORIZING CONDEMNATION OF EASEMENT
PARCEL 1. DISTRICT SEWERING PROJECT 1419
It was moved by Member Mitchell, seconded by Member Rustigian, that
Resolution No. 1673 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
It was moved by Member Mitchell, seconded by Member Rustigian, that an
independent appraisal be obtained for easement Parcell, District Sewering
Project 1419. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
RESOLUTION NO. 1674. A RESOLUTION APPOINTING ALVIN A. HORNSBY, UTILITY MAN
Mr. Horstkotte, General Manager-Chief Engineer, stated this was a replace-
ment at a lower level for a resignation in the Maintenance Department.
It was moved by Member Rustigian, seconded by Member Roemer, that Resolu-
tion No. 1674 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
REQUEST FOR SEWER LINE EXTENSION TO SERVE LOT 227. HACIENDAS DEL ORINDA. LOCAL
IMPROVEMENT Dr STRICT NO. 23, MRS. CATHERINE CLARK
Mr. Horstkotte, General Manager-Chief Engineer, presented a letter from
Mrs. Clark stating she had received incorrect information as to sewer service
to Lot 227 of Unit 2, Haciendas Del Orinda, and the estimated cost to extend
the line is $300.00.
After discussion, it was moved by Member Mitchell, seconded by Member
Rustigian, that the District staff and Counsel for the District be authorized
to negotiate a settlement with Mrs. Clark and present it for approval at the
next Board meeting. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
MATTERS FROM THE FLOOR
STATUS REPORT
Member Roemer stated that the Central Contra Costa Sanitary District
Status Report - January, 1967, should not be distributed to the public until
after review and final approval of the District Board.
Member Roemer read several paragraphs which he suggested be re-edited.
Mr. Horstkotte, General Manager-Chief Engineer, stated the report would
be re-edited and submitted to the District Board for approval.
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President Gibbs stated that any report for public distribution should
first be approved by the District Board.
VIII.
REPORTS
GENERAL MANAGER-CHIEF ENGINEER
PHOTOGRAPHS OF LINES
Mr. Horstkotte, General Manager-Chief Engineer, reported that the Mainten-
ance Department had requested authorization to photograph certain lines with
high infiltration and lines where damage is suspected. This was not included
in the Maintenance budget and the cost is estimated to be $1,000.00.
After discussion, it was moved by Member Allan, seconded by Member Roemer,
that photographing of certain District lines as requested by the Maintenance
Department be authorized at an estimated cost of $1,000.00. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
AUTHORIZATION FOR INSTALLATION OF AIR SCREENS AT TREATMENT PLANT
Mr. Horstkotte, General Manager-Chief Engineer, requested authorization
from Sewer Construction funds to install air screens at the Treatment Plant at
a cost of $1,600.00 in order to reduce future odor problems.
After an explanation from Mr. Horstkotte, it was moved by Member Allan,
seconded by Member Roemer, that $1,600.00 be authorized from Sewer Construction
funds to install air screens at the Treatment Plant to reduce future odor
problems. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
AUTHORIZATION TO CALL FOR EXAMINATIONS
Mr. Horstkotte requested authorization to call for oral andfor written
examinations for Grades II, III, IV, V and VI.
Mr. Horstkotte stated there are no eligible lists at the present time
and the examinations are in anticipation of personnel requests for the next
budget starting July 1, 1967.
It was moved by Member Rustigian, seconded by Member Allan, that calls
for oral andfor written Civil Service examinations for positions in Grades II,
III, IV, V and VI be authorized. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mitchell, Rustigian, Roemer, Allan and Gibbs
None
None
COUNSEL FOR THE DISTRICT
MARTINEZ SEWER GRANT
Mr. Carniato, representing Mr. Bohn, Counsel for the District, reported
that the application to H.U.D. for Martinez sewer funds had been extended with
a warning that the funds could be lost if not acted on during this extension
period.
H. E. JOHNSON COMPANY LITIGATION
Mr. Carniato stated that a meeting was scheduled with H. E. Johnson for
Wednesday and he failed to appear.
03
16
67
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Mr. Carniato stated that District Counsel would request an Executive
Session at the April 6, 1967, meeting to discuss the H. E. Johnson Company
litigation.
IX.
ADJOURNMENT
At 10:05 o'clock P.M., the meeting was adjourned by President Gibbs to
April 6, 1967.
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President of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
COUNTERSIGNED:
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Secr of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
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