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HomeMy WebLinkAboutBOARD MINUTES 03-16-67 i~~l 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 03 16 67 j ~~~5 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, , 'h 1, 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: 0 -, " "..i! .,1 '1) ~ ,,-- 1. (,.,.,~ ;. " " -,...1' r~ \"~ 6 '- 1 '~:-- ,I" .-.0 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. a)n ~\", ~) 1,' t::,'. ~,-.J 6 I, 1~~3 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 j ry3 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. / /'/ ß"-~? ¿ -/~~~--;/-"~4-j- President of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: -) '/ './ ,./ ~-:'~"~"'-- Secr of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California (¡ :) \,.1 ~) 1 ~~ "_1 6 \,~'