HomeMy WebLinkAboutBOARD MINUTES 05-01-75
557
MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD MAY l, 1975
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 May 1, 1975, at 8:00 P.M.
Recognizing that President Boneysteele was not present due to related
District business, it was moved by Member Gibbs, seconded by Member Rustigian,
that Member Allan act as President Pro Tem for the meeting. Carried by the
following vote:
AYES:
NOES:
ABSTAINING:
ABSENT:
Members:
Members:
Member:
Member:
Gibbs, Mitchell and Rustigian
None
Allan
Boneysteele
President Pro Tem Allan called the meeting to order.
I.
ROLL CALL
PRESENT:
ABSENT:
Members:
Member:
Gibbs, Mitchell, Rustigian and Allan
Boneysteele
II.
APPROVAL OF MINUTES
After comment by Member Mitchell and President Pro Tem Allan, it was
moved by Member Gibbs, seconded by Member Rustigian, that the Minutes of
the meeting of April 24, 1975, be approved after making the following
correction:
Under "VI. OLD BUSINESS, 1. REPORT ON SEWER JURISDICTION SPHERE
OF INFLUENCE," insert the word "legally" in the second sentence after the
word "was." Motion correcting the Minutes of April 24,1975, carried by
the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Mitchell, Rustigian and Allan
None
Boneysteele
III.
APPROVAL OF EXPENDITURES
It was moved by Member Mitchell, seconded by Member Rustigian,
Members of the Expenditure Committee, that after review, that expenditures
specifically, Sewer Construction Vouchers Nos. 2418 to 2428 inclusive,
Running Expense Vouchers Nos. 20202 to 20313 inclusive, and Local Improvement
District No. 54 Vouchers 29 and 30 be approved. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Member:
Gibbs, Mitchell, Rustigian and Allan
None
Boneysteele
IV.
HEARINGS
None.
V.
BIDS
'J'one.
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558
VI.
OLD BUSINESS
1.
DISCUSSION WITH AMIGOS DE DIABLO REPRESENTATIVES REGARDING ANNEXATION
~resident Pro Tern Allan, on behalf of the Board, acknowledged receipt
of a telegram received from Dr. Joe Hirsch, which opposed the annexation
of Blackhawk Property to the District. President Pro Tern Allan further
acknowledged receipt of correspondence dated May l, 1975, received from
Mr. Daniel Van Voorhis, attorney of Blackhawk Ranch Development Company.
Mr. Van Voorhis in his correspondence presented rationale that the Board
take no action to oppose the petition for reorganization under the District
Reorganization Act of 1965, which Blackhawk Ranch Development Company had
forwarded to the, Local Agency Formation Commission.
President Pro Tem
legal memorandum dated
The memorandum related
Reorganization Act.
Allan noted receipt by Board Members of a confidential
April 29, 1975, received from Counsel for the District.
to~gal aspects on the construction of the District
Ms. Linda Moody, attorney representing Amigos de Diablo, addressed
the Board and requested that the Board oppose the petition for reorganization
by Blackhawk Ranch Development Company, which is scheduled to be heard by
LAFCO at the public hearing on May 7, 1975. Further that the Board adopt
a resolution for the purpose of annexing the Blackhawk Ranch property to
the District. Ms. Moody explained that if the Board adopted the proposed
actions, this would permit residents of the San Ramon Valley area to have
the option of calling for a referendum vote on the action of the Board of
Directors' proceedings on the annexation of Blackhawk property to the District.
Mr. Robert W. Carrau and Mr. William Morse, representing Blackhawk
Development Company, addressed the Board and explained that the purpose
of the petition for reorganization by Blackhawk Ranch was to establish
coterminus boundaries of Blackhawk property for six special districts.
They explained that by this procedure of seeking reorganization under
the District Reorganization Act of 1965, establishment of boundaries could
be accomplished by single action rather than a multi-step process.
They
Blackhawk
action of
Blackhawk
indicated that any action taken by the Board to oppose the
petition before LAFCO would not be in consonance with the Board's
August 16,1973, wherein the Board approved annexation of the
property subject to boundary determination.
At 8:20 P.M., President Boneysteele arrived.
After discussion by Board Members, Mr. Morse and Ms. Moody concerning
the proposed boundaries for the Blackhawk Ranch property, and a statement
of reasons for opposition by Amigos de Diablo, Mr. John Miller, Valley
Action Forum, addressed the Board. Mr. Miller reiterated views expressed
in correspondence dated April 20,1975, addressed to the Board, wherein
he stated that his organization recommends annexation of the Blackhawk
property by individual phases or units of development. He explained
that development of the Blackhawk Ranch property was projected over a
period of 15 years, that during this period, unforeseen events and
economic factors may cause the development project to fail.
A general discussion followed between Board Members and persons in
the audience. Speaking in support of action by the Board to oppose the
petition for reorganization by Blackhawk Ranch Development Company were
Ms. Randy Dalton, Ms. Barbara Hale, Mr. Peter Knoedler, Mr. James Strong
and Mr. Darwin Datwater.
Mr. Ron Butler addressed the Board and indicated that the Board
should adopt no action to oppose the Blackhawk Ranch petition.
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559
After further discussion between Board Members and persons in the
audience regarding District policy on annexation and fixture charges
and comments regarding an EIR for the entire San Ramon Valley, it was
moved by Member Mitchell, seconded by Member Gibbs, that the Central
Contra Costa Sanitary District request the Local Agency Formation
Commission to deny the petition by Blackhawk Ranch Development Company
for reorganization under the District Reorganization Act of 1965.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell and Boneysteele
Rustigian and Allan
None
RESOLUTION NO. 75-21, DISTRICT ANNEXATION NO. 47, A RESOLUTION OF
APPLICATION FOR THE ANNEXATION OF THE BLACKHAWK RANCH PROPERTY TO
CENTRAL CONTRA COSTA SANITARY DISTRICT
After discussion by Board Members, Ms. Kathy Krucker, representing
Counsel for the District, and Mr. Knoedler concerning the authority of
LAFCO and various actions that it may take related to the annexation of
the Blackhawk Ranch property, it was moved by Member Mitchell, seconded
by Member Gibbs, that Resolution No. 75-21 be adopted. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Boneysteele and Allan
None
None
At 9:45 P.M., President Pro Tern Allan recessed the meeting.
At 9:54 P.M., President Pro Tern Allan reconvened the meeting.
VII.
NEW BUSINESS
1.
CONSENT ITEMS:
a.
ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT
It was moved by Member Gibbs, seconded by Member Mitchell, that
easements from:
Grantor
Job No.
Parcel No.
Howell Properties, Ltd.
Sunny Hills Aquatic Club
Dean W. Criddle, et ux
Robert Avalon, et ux
EBMUD
2542
2547
2379
2527
2425
1
1
1
1
1 & 2
be accepted at no cost to the District and their recording ordered.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Boneysteele and Allan
None
None
b.
AUTHORIZE EXECUTION OF CONSENT TO DEDICATION WITH CONTRA COSTA
COUNTY, JOB NO. 1564, PARCEL 44, MORAGA WAY AND JOB NO. 1553,
PARCEL 23, LAFAYETTE
It was moved by Member Gibbs, seconded by Member Mitchell, that the
President Pro Tern and Secretary be authorized to execute Consent to
Dedication with Contra Costa County, Job No. 1564, Parcel 44, Moraga Way
and Job 1553, Parcel 23, Lafayette. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Boneysteele and Allan
None
None
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560
c.
AUTHORIZE APPORTIONMENT OF LID 52 ASSESSMENT, APPROVE AMENDED
ASSESSMENT DIAGRAM(S) AND AUTHORIZE RECORDING OF SAID DIAGRAM(S)
It was moved by Member Gibbs, seconded by Member Mitchell that
authorization for Apportionment of LID 52 Assessment, approval of amended
assessment diagram(s) and authorize recording of said diagram(s) be approved.
Original Assessment No.
52-7-15-2
Amended Assessment No.
Apportioned Amt.
52-7-15-10
52- 7-15-11
52-7-15-l2
$1,925.72
1,925.72
1,925.72
Carried by the following vote:
AYES:
NOES:
ABSENT :
2.
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Boneysteele and Allan
None
None
AUTHORIZE PREPARATION OF DRAFT EIR, DSP 2587, TOPAZ LANE, PLEASANT HILL
After comment by President Pro Tem Allan and explanation by staff
concerning the location and terrain of Topaz Lane, Pleasant Hill, it was
moved by Member Mitchell, seconded by Member Boneysteele, that authorization
for preparation of the Draft EIR, DSP 2587~ Topaz Lane, by the property
owners' consultants, be approved. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Boneysteele and Allan
None
None
3.
AUTHORIZE $3,150.00 FOR PAYMENT OF SEWER ASSESSMENT, LID 54-1-3-17
After explanation by staff and after discussion, it was moved by
Member Mitchell, seconded by Member Gibbs, that authorization of
$3,150.00 for payment of sewer assessment, LID 54-1-3-17 be approved.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Gibbs, Mitchell, Rustigian, Boneysteele and Allan
None
None
4.
AUTHORIZE EXECUTION OF AGREEMENT RELATING TO REAL PROPERTY WITH
CONTRA COSTA COUNTY, JOB NO. 2221, BUCHANAN AIRFIELD
After explanation by Mr. Horstkotte, General Manager-Chief Engineer,
it was moved by Member Boneystee1e, seconded by Member Gibbs, that the
President Pro Tem and Secretary be authorized to execute an agreement
related to real property with Contra Costa County, Job 2221, Buchanan
Airfield be approved. Carried by the following vote:
AYES:
NOES:
ABSENT:
Hembers:
Members:
Members:
Gibbs, Mitchell, Rustigian, Boneysteele and Allan
None
None
5.
OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA
None.
6.
INFORMATION
None.
VIII.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
None.
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561
2.
COUNSEL FOR THE DISTRICT
Ms. Kathy Krucker represented Mr. Bohn at the meeting.
3.
SECRETARY
None.
4.
GOMMITTEES
None.
IX.
MATTERS FROM THE FLOOR
1. After comments by Mr. Horstkotte and discussion by Board Members,
it was the consensus of the Board to form the Negotiating Committee
with Contra Costa County Water District, members to consist of President
Boneysteele and Member Gibbs.
2. Board Members, staff and Ms. Krucker discussed administrative
procedures and format related to the presentation to be made to LAFCO
at its meeting of May 7, 1975, concerning annexation of the Blackhawk
Ranch property.
3. Member Boneysteele reported the results of a meeting held by the
Selection Committee of Contra Costa County to select nominees for the
position of Trustee and Alternate for the Bay Area Sewage Services
Agency. The meeting was held at 7:30 P.M. this date. Member Boneysteele
stated that Mr. Nathaniel Bates, current incumbent had been nominated as
Trustee with Mr. Frank Casade as Alternate Trustee for Contra Costa County.
Discussion followed.
X.
ADJOURNMENT
At 10:33 P.M., President Pro Tern Allan adjourned the meeting to
May 8, 1975.
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President Pro tem of the District of
the Central Contra Costa Sanitary
District of Contra Costa County,
State of California
COUNTERSIGNED:
<... -, . f/
(. j( ( ~ v'z-~
Secretary of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
05
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