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HomeMy WebLinkAboutBOARD MINUTES 10-04-73 214 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD OCTOBER 4.1973 The District Board of Central Contra Costa Sanitary District convened in a Regular Session at its regular place of meeting located at 1250 Spring- brook Road. Walnut Creek. County of Contra Costa. State of California. on October 4. 1973. at 8:00 o'clock P.M. The meeting was called to order by President Rustigian. I. ROLL CALL PRESENT: Members: Boneysteele. Gibbs. Mitchell. Allan and Rustigian ABSENT: Members: None II. APPROVAL OF MINUTES 1. MEETING OF SEPTEMBER 20, 1973 Item continued. 2. MEETING OF SEPTEMBER 27, 1973 After comment by Member Mitchell, it was moved by Member Gibbs. seconded by Member Mitchell, that the Minutes of the meeting of September 27,1973, be approved after making the following corrections: Under "vi. OLD BUSINESS, 1. LOCAL IMPROVEMENT DISTRICT NO. 54, PAGE 2," fourth paragraph, delete subparagraph and insert the following: "a. Assign each parcel one unit of assessment with option upon written request to defer payment on additional units of assessment assigned to parcel." Under "VI. OLD BUSINESS, 1. LOCAL IMPROVEMENT DISTRICT NO. 54, PAGE 4." delete 4th paragraph and insert the following: "Member Mitchell stated that after personal investigation of parcel 54-3-4-2 (W.E. Mitchell property) he was not in agreement with staff recom- mendation of reducing number of assigned units of assessment for this parcel. After discussion by Board Members, President Rustigian and Member Gibbs volunteered to act as a Board Committee to conduct a field review of selected parcels in the Schedule 3 area and to report to the Board." Under "VI. OLD BUSINESS, 2. CONCORD CONTRACT PROPOSAL," delete first paragraph, page 5, and insert the following: "Board Members, staff and Mr. Bohn, Counsel for the District, discussed the points raised by officials of the City of Concord and after discussion, guidance was provided staff by the Board regarding allocation of capacity of the District's Line A in order to service the City of Concord and further, that in the event regulatory agencies were to impose a fine upon the District for failure to meet discharge requirements, there would be no obligation on the part of the City of Concord to share in any fines levied." Under "IX. MATTERS FROM THE FLOOR, 2.," delete the first sentence of ò~ paragraph 2 and insert the following: "Member Mitchell stated that he was concerned regarding annexation of properties to the District without adequate notice to the developers of the limitations by funding or environmental control agencies in providing future treatment plant capacity to service the properties." Motion correcting the Minutes of the Meeting of September 27, 1973, carried by the following vote: 10 04 73 215 AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, MitChell, Allan and Rustigian None None III. APPROVAL OF EXPENDITURES It was moved by Member Gibbs, seconded by Member Allan, that the Expendi- tures as reviewed by the Expenditure Committee, and as submitted by the General Manager-Chief Engineer be approved, reference being specifically made to Sewer Construction Vouchers Numbers 1929 to 1952, inclusive, Running Expense Voucher Numbers 17042 to 17172, inclusive, Local Improvement District No. 50, Construction Fund Numbe$19l and 192, and Payroll Vouchers Numbers 3656 to 3794, inclusive. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None IV. HEARINGS LOCAL IMPROVEMENT DISTRICT NO. 54, SCHEDULE 3 1. President Rustigian welcomed the persons present in the audience. He stated that the hearing to receive further written and oral protests for Local Improvement District No. 54, Schedules 1 and 4 was closed at the meeting of September 20, 1973. However, the hearing on Local Improvement District No. 54, Schedule 3, had been continued from the meeting of September 20, 1973, in order to permit a Committee of the Board of Directors opportunity to conduct a field review of selected parcels in the Schedule 3 area and to report to the Board. At the request of President Rustigian, Mr. Horstkotte, General Manager- Chief Engineer, reported that a majority protest to Local Improvement District No. 54, Schedule 3, does not exist. After comment by President Rustigian regarding the manner in which the hearing on Local Improvement District No. 54, Schedule 3, will be conducted, President Rustigian requested the General Manager-Chief Engineer to report on written protests received and staff's recommendation on each protest. Mr. Horstkotte reported that written protests have been paraphrased in the interests of brevity and will be so indicated. Referring to the Protest Log, Mr. Horstkotte reported receipt of written protest from Mrs. Elizabeth Lee, 239 Parkview Avenue, Piedmont, California, parcel 54-3-4-1. Paraphrasing Mrs. Lee's protest, Mr. Horstko"tte stated "that no more than 4" potential sites could be developed because of the physical limitations of the parcel." Staff recommendation was to approve the protest of Mrs. Lee, reduce the number of building sites from 6 to 4 and assign 3 units of assessment vice 3-1/2. President Rustigian asked if Mrs. Lee or her "representative was present in the audience. No such person was present. Member Gibbs, a designated member of the Committee of the Board which conducted a field review of parcel 54-3-4-1, reported that the Committee of the Board concurs with staff recommendation. It was then moved by Member Mitchell, seconded by Member Gibbs, that the protest of Mrs. Lee be accepted, confirm four building sites and that three units of assessment be assigned to parcel 54-3-4-1. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None Mr. Horstkotte, General Manager-Chief Engineer reported receipt of written protest from Mr. and Mrs. George A. Richard, 45 Monte Vista Road, Orinda, California, parcel 54-3-2-11. Paraphrasing Mr. and Mrs. Richard's 10 04 73 216 protest, Mr. Horstkotte stated "they request reduction in number of building sites from 2 to 1." Staff recommendation is to deny protest, confirm 2 building sites and reduce units of assessment from 2 to 1-1/2. In response to query by Member Boneysteele regarding the reduction in number of units of assessment to be assigned, Mr. Horstkotte explained that staff's recommendation for the reduction in assigned units of assessment was due to the fact that gravity service is fully available to one portion of parcel 54-3-2-11 and partiallÿ available to the balance. It was then moved by Member Mitchell, seconded by Member Gibbs, to deny the written protest of Mr. and Mrs. RiChard, confirm two building sites and to assign 1...;.1'/2 uni ts of assessment to parcel 54-3-2-11. Carried by the following vo te: AYES: NOES: ABSENT: Members: Membe rs : Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None Mr. Horstkotte, General Manager-Chief Engineer, reported receipt of written protest from Mr. Don Shamblin, 70 Monte Vista Road, Orinda, California, parcel 54-3-4-2. Paraphrasing Mr. Shamblin's protest, Mr. Horstkotte stated "no more than 4 potential sites could be developed because of physical limitations on this parcel". Staff recommendation is to approve the written protest, reduce number of building sites from 6 to 4 and to assign 2-1/4 units of assessment. In response to query by Member Mitchell, Mr. Horstkotte reported receipt of correspondence from the Contra Costa County Planning Department dated October 4,1973, which indicated that parcel 54-3-4-2 consisted of approxi- mately 5.8 acres and based upon existing zoning requirements, this was the equivalent of 11 building sites. However, the current existing access road is l6-feet wide, and therefore, could sustain only a minor subdivision develo pm en t. Discussion followed concerning number of potential building sites that exist on Mr. Shamblin's property with Member Mitchell indicating that the staff's recommendation on number of building sites should be increased as the property was suitable for further development. Mr. Don Shamblin addressed the Board and stated that the current access road (Monte Vista) is substandard and that in order to sustain 6 building sites on his parcel, the Monte Vista Road would need to be widened with installation of fire hydrants. After further discussion, it was moved by Member .Gibbs, seconded by Member Boneysteele, that the Board accept the written protest of Mr. Shamblin, confirm 4 building sites and assign 2-1/4 units of assessment to Parcel 54-3-4-2. Carried by the following vote: AYES: NOES: ABSENT: Memb ers : Member: Members: Boneysteele, Gibbs, Allan and Rustigian Mitchell None Mr. Horstkotte, General Manager-Chief Engineer, stated that after re- evaluation of parcel 54-3-3-2 owned by Mr. and Mrs. Joseph M. Acosta, P. O. Box 4238, South Lake Tahoe, California, staff recommended that number of building sites assigned to parcel 54-3-3-2 be reduced from 6 to 4 and that one unit .of assessment be assigned vice 1-1/2. Mr. Horstkotte stated that no written protest had been received from Mr. and Mrs. Acosta. However, staff's reevaluation and revis~d recommendation was to insure consistency with staff recommendations for parcels owned by Mrs. Lee and Mr. Shamblin. It was then moved by Member Gibbs, seconded by Member Boneysteele, to con- firm 4 building sites and to assign one unit of assessment to parcel 54-3-3-2. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 10 04 73 217 President Rustigian asked if there were any persons in the audience that wished to present oral protests to Local Improvement District No. 54, Schedule 3. There were none. President Rustigian then closed the hearing on Local Improvement District No. 54, Schedule 3. LOCAL IMPROVEMENT DISTRICT NO. 54, SCHEDULE 2 2. President Rustigian stated that the hearing this date was a continuation of the hearing initiated on September 20, 1973. He said that the purpose of this hearing this date was to provide the fullest opportunity for people to be heard and to comply with specific procedures required by law. President Rustigian then formally opened the continued hearing on Local Improvement District No. 54, Schedule 2. President Rustigian explained that the law governing this type of 'hearing requires that percentage of protest be con- sidered by area only and that protests based upon assessed valuation or polls were invalid. Pres:ident Rustigian then asked for a report by the District Engine~r. Mr. Horstkotte, General Manager-Chief Engineer, reported that total written protest received which included parcels currently operating under temporary septic tank permits was 44.6%. Accordingly, a majority protest does not exist. Mr. Horstkotte further reported that written protest received but excluding parcels operating under temporary septic tank permits represented 27%. . President Rustigian stated that the Sanitary District had received corres- pondence from the County Health Officer dated August lO, 1973, wherein the Health Officer recommended "as a necessary health measure" that the Sanitary District should proceed with Local Improvement District No. 54. President' Rustigian stated that the Board had no recourse but to acknowledge receipt of the Health Officer's recommendation on this matter and that discussion re- garding the validity of the Health Officer's recommendation was not appropriate. . At the request of President Rustigian, Mr. Horstkotte, General Manager- Chief Engineer,explained in detail, staff's proposal to provide property owners of the LID No. 54, Schedule 2 area with an optional method of assess- ment for their parcels. Mr. Horstkotte stated that three options were avail- able: (l) Accept units of assessment as provided in "Notice to Property Owners." (2) Upon written request accept that portion of assessment which represents sewering costs. and defer payment of that portion of assessment that represents "Disposal Rights" until connection to th'e District's sewer system; and (3) For those property owners of parcels assessed multiple units, accept one unit of assessment. Payment of that portion of assessment represented by "Disposal Rights" may be deferred until connection to the District's system. Payment of units of assessment in excess of one may be deferred under rebate agreement with the District. In response to quèries by Mr. Alfred J. Busch, 485 Clipper Hill Rd., Danville (Parcel 54-2-4-16), Mr. J. Graehm Sullivan, 799 Kirkcrest Rd., Danville (Parcel 54-2-2-.4J.and Mr. Lloyd B. Plath, 228 Kuss Rd., Danville (Parcel 54-2-3-9), staff, Board Members and Mr. Bohn, Counsel for the District, explained in further detail staff's proposal on providing property owners in LID No. 54, Schedule 2, with options on method of assessment. After explaining the format for the conduct of the Hearing, President Rustigian asked for a report on written protests received and staff's recommendation on each protest. Mr. Horstkotte, General Manager-Chief Engineer, stated that written protests have been paraphrased in the interest of brevity and would be so indicated. Referring to the Protest Log. Mr. Horstkotte reported receipt of written protest from Mr. and Mrs. Leon T. David, P. O. Box 656, Danville, Parcel 54-2-3-5. Paraphrasing Mr. and Mrs. David's protest, Mr. Horstkotte stated "they object to the cost of the project, the LID procedure that was followed, the Engineer's Estimate of costs, but do not protest the project." 10 04 73 2l8 Staff recommendation is to deny the protest. President Rustigian asked if Mr. and Mrs. David or their representative were present in the audience. No such person was present. It was moved by Member Gibbs, seconded by Member Allan, that the written protest of Mr. and Mrs. David be denied. 'Carried by the following vote: AYES: NOES: ABSENT: Members: Member: Members: Gibbs, Mitchell, Allan and Rustigian Boneysteele None Mr. Horstkotte, referring to the Protest Log, reported receipt of written protest from Mrs. Madge Halvorsen, Box 364, Danvilie, California, Parcel 54-2-2-2. Paraphrasing Mrs. Halvorsen's prot~st, Mr. Horstkotte stated "objects to cost of the project, cost of Right of Way, cost of Incidental Expenses, District Annexation costs, but does not protest the project." Staff recommendation is to deny the protest. President Rustigian asked if Mrs. Halvorsen or her representative were present in the audience. No such person was present. It was moved by Member Allan, seconded by Member Gibbs, that the written protest of Mrs. Halvorsen be denied. Carried by the following vote: AYES: NOES: ABSENT: Members: Member: Members: Gibbs, Mitchell, Allan and Rustigian Boneys teele None Mr. Horstkotte, referring to the Protest Log, reported receipt of written protest by Mr. and Mrs. Jack F. Van Zanten, 100 Oak View Terrace, Danville, California, Parcel 54-2-4-9. Paraphrasing Mr. and Mrs. Van Zanten's protest, Mr. Horstkotte stated "protests the project, objects to the cost and objects to the number of units of assessment assigned." Staff recommendation is to deny the protest. Mr. Van Zanten addressed the Board anf after receiving further clarification regarding staff's proposal on optional method of assessment, Mr. Van Zanten stated that a majority of the property owners by acreage located on Clipper Hill Road, protested the project and there- fore, requested exclusion from LID No. 54, Schedule 2. Discussion followed with participation by Board Members, staff, Counsel for the District, ,special Counsel for the District, and Mr. Van Zanten. In response to query, Mr. Laster, Special Counsel for the District stated that the Board could exclude the area of Clipper Hill Road from Schedule 2 even though a property owner had petitioned for inclusion. However, if the Board adopted this action, it would necessitate the holding of another "Notice Hearing." . Member Mitchell suggested that the Board defer final action on individual protests until determination is made as to whether protests exist on method of assessment. Discussion followed with Mr. Laster stating that the Board must consider all protests received but that specific action on individual protests may be deferred until all protests have been heard. After further discussion, it was moved by Member Gibbs to deny the written and oral protest of Mr. Van Zanten. Motion failed for lack of a second. It was moved by Member Mitchell, seconded by Member Gibbs, that the Board defer specific action on individual protests until all protests have been heard and considered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None Member Allan suggested that the Board may wish to formally consider the staff's proposal on method of assessment before hearing further protests. After discussion, it was the consensus of the Board to defer action on staff's proposed method of assessment until all protest had been heard and considered. 10 ()4 73 219 Mr. Horstkotte, referring to the Protest Log, reported receipt of written protests from the following persons: Mr. and Mrs. Joseph F. DeLong, 755 Clipper Hill Rd., Danville, Parcel 54-2-5-1 Mr. and Mrs. Paul A. Romak, 500 Clipper Hill Rd., Danville, Parcel 54-2-5-8 Mr. William V. Dougherty, 740 Clipper Hill Rd., Danville, Parcel 54-2-5-9 Mr. and Mrs. Jack F. VanZanten, lOO Oak View Terrace, Danville, Parcel 54-2-4-9 Mr. and Mrs. George C. Grube, 500 Oak View Terrace, Danville Parcel 54-2-4-l4 Mr. and Mrs. Alfred J. Busch, 485 Clipper Hill Rd.. Danville, Parcel 54-2-4-l6 Mr. and Mrs. J. Graehm Sullivan, 799 Kirkcrest Rd., Danville, Parcel 54-2-2-3 Mr. and Mrs. George A. Ross, Jr., 2 Roberts Ct., Danville, Parcel 54-2-2-4 Mr. and Mrs. Robert E. Roney, Jr., 9 Roberts Ct., Danville, Parcel 54-2-3-3 Mr. and Mrs. K. Ross Fitzsimmons, 1 Roberts Ct., Danville, Parcel 54-2-2-6 Mr. and Mrs. Frederick A. Speder, 4 Roberts Ct., Danville, Parcel 54-2-3-10 Mr. and Mrs. Anthony B. deBellis, 231 Kuss Rd., Danville, Parcel 54-2-3-8 r~s. Henrietta M. Ziskind and Frank Ziskind, Jr., P. O. Box 263, Danville, Parcel 54-2-2-8 Mr. Edward Kurzadowski, 150 Kuss Rd., Danville, Parcel 54-2-4-15 Mr. and Mrs. Lloyd B. Plath, 228 Kuss Rd., Danville, Parcel 54-2-3-9 Mr. and Mrs. Harold McIntyre, 528 Clipper Hill Rd., Danville, Parcel 54-2-4-8 Mr. and Mrs. Leon H. Gartung, 247 Kuss Rd., Danville, Parcel 54-2-4-6 Mr. and Mrs. H. Menges, 998 Kirkcrest Lane, Danville, (Not in LID 54, Schedule 2) Mr. Horstkotte stated the above written protests had been presented on a form type letter which he then read to the Board. Staff recommendation is to deny all of the above written'protests. Mr. Horstkotte then reported receipt of additional written protests. Paraphrasing additional written protest by Mr. Van Zanten, Parcel 54-2-4-9, Mr. Horstkotte stated "additional protest was presented by form letter." Staff recommendation is to deny the additional written protest. Paraphrasing additional written protest by Mr. Fitzsimmons, Parcel 54-2-2-6, Mr. Horstkotte stated "Mr. Fitzsimmons' attorney presented an additional eight page letter which protests the project and the two units of assessment. On the form letter protest, Mr. Fitzsimmons added a sentence protesting two building sites on his parcel." Mr. Horstkotte reported receipt of correspondence from the Contra Costa County Planning Department dated October 4,1973, indicating that Parcel 54-2-2-6 may be divided into two parcels. Staff recommendation is to deny the additional written protest. Paraphrasing the additional written protest by Mrs. Henrietta M. Ziskind, Parcel 54-2-2-8, Mr. Horstkotte stated "makes a further protest against the project and the terrible assessment cost. II Staff recommendation is to deny the additional written protest. Paraphrasing additional written protests by Mrs. Mary McIntyre, Parcel 54-2-4-8, Mr. Horstkotte stated "protests the projects and the high cost of assessment." Staff recommendation is to deny the additional written protest. 10 04 73 220 Mr. Horstkotte read to the Board an additì.ionalwritten protest by Mr. Alfred J. Busch, Parcel 54-2-4-l6, requesting exclusion from LID No. 54, Schedule 2. Staff recommendation is to deny the protest. Paraphrasing additional written protest by Mr. and Mrs. Anthony B. deBellis. Parcel 54-2-3-8, Mr. Horstkotte stated "protests the cost of assessment, Engineer's Estimate, Disposal Rights. Incidental Expenses and Right of Way costs." Staff recommendation is to deny the additional written protest. Mr. Horstkotte, referring to the Protest Log, reported receipt of written protest by Mr. Albert G. Morgan, 255 Kuss Road, Danville, Parcel 54-2-5-l0. Paraphrasing Mr. Morgan's written protest, Mr. Horstkotte stated "protest against number of units of assessment." Staff recom- mendation is to deny the written protest. Mr. Horstkotte, referring to the Protest Log. reported receipt of . written protest by Mr. William T. Manning, 300 Oak View Terrace, Danville, Parcel 54-2-4-10. Paraphrasing Mr. Manning's written protest as presented by his attorney Mr. Wilber Duberstein, Mr. Horstkotte stated "protest cost of assessment and number of assessments and asks that his assessment be reduced from two building sites with 2-l/2 units of assessment to one site and one unit of assessment." Staff recommendation is to deny the wrltten protest. Referring to the Protest Log, Mr. Horstkotte reported receipt of written protest by Mr. James G. Halverson, 7845 Skyline Blvd., Oakland, Parcel 54-2-6-1. Paraphrasing Mr. Halverson's written protest, Mr. Horstkotte stated "protests the project and number of units of assessment." Staff recommendation is to deny the written protest. . Mr. Horstkotte then reported receipt of correspondence from the below named persons who expressed written approval of LID No. 54, Schedule 2. Mr. and Mrs. Herbert L. Leichter, l5l5 Cervato Drive, Alamo, Parcel 54-2-4-3 Mr. Donald C. Anderson, 511 McBride Drive, Lafayette, Parcel 54-2-3-2 Mr. Donald R. Womack, 262 Greenbrook Drive, Danville Parcel 54-2-4-4 Mr. Paul Romak, Parcel 54-2-5-8, addressed the Board and stated that his septic tank system had been functioning for 18 years and that he did not desire a public sewer system. Mr. George C. Grube, Parcel 54-2-4-l4 addressed the Board and stated that the cost of the prop,osed sewer system was excessive. Mr. Alfred J. Busch, Parcel 54-2-4-16 addressed the Board and stated: that costs of the project were excessive; that his written protest had not received full consideration by the District staff; that he had reservations regarding staff competence; and that he requested exclusion from LID No. 54, Schedule 2, because he could obtain sewer service by èonnection to an alternate sewer system. Staff and Board members responded to Mr. Busch's oral protest alleging staff incompetence with staff reporting that the alternate sewer system suggested as available for connection by Mr. Busch was not yet in existance. Mr. J. Graehm Sullivan, Parcel 54-2-2-3 addressed the Board and stated: that he disagreed with staff's determination that a majority protest did not exist; that staff's proposed method of assessment benefited only property owners assessed multiple units of assessment; that the allocation of costs was inequitable because his parcel was level ground, easy to sewer, whereas other parcels were difficult to sewer; and that he requested exclusion from LID No. 54, Schedule 2, because of excessive costs. 10 04 73 221 Mr. George A. Ross, Parcel 54-2~2-4, addressed the Board and stated that he approves of the staff's proposed method of assessment and if adopted by the Board, he no longer will protest the project. Mr. Keith Howard, Attorney, representing Mr. and Mrs. K. Ross Fitzsimmons, Parcel 54-2-2-6, addressed the Board and stated that a 44.6% protest is indication of substantial objection to the project. He said that units of assessment assigned should be reduced from 2 to 1 because of previous action by the Board of Adjustment recorded in its Minutes of June 5,1968, that Parcel 54-2-2-6 be restricted from further subdivision. Discussion followed regarding the remarks of Mr. Howard with staff and Mr. Laster commenting that a reduction in number of units of assessment would necessitate an upward re- assessment of all parcels in Schedule 2. Mr. Bohn, Counsel for the District, noted that under staff's proposed method of assessment, the property owner could elect to defer payment on one of the two units of assessment assigned. Mr. Howard stated that to assign Parcel 54-2-2-6 two units of assessment was unjust in view of the previous action by the Board of Adjustment. Mr. Frederick A. Speder, Parcel 54-2-3-10 addressed the Board and pre- sented an oral protest. Mr. Anthony B. deBellis, Parcel 54-2-3-8, addressed the Board and stated: that the proximity of the Cordoroy Hills Ranch and the O'Neill House which re- quire access to sewers have had impact upon the Board's action; that the County Health Officer's action in issuing temporary permits for septic tanks has no legal significance; that he had presented staff with factual data which based upon area, 53% of the property owners of Schedule 2 opposed the project; and that 'he requested exclusion from LID No~ 54 as he could connect his parcel to an alternate sewer system. In response to queries by Mr. Frank Ziskind, Jr., Parcel 54-2-2-8, Board members, staff and Special Counsel for the District explained: procedure for exclusion from an improvement district; the authority for the District to form improvement districts and method of determining improvement district boundaries; and further clarification of staff's proposed method of assess- ment. After the discussion, Mr. Ziskind stated that he was still opposed to the project. Mrs. Edward Kurzadkowski, Parcel 54-2-4-15, addressed the Board and stated that her septic tank system had been operating in a satisfactory manner for eight years, and therefore, she did not require sewers. She said that increasing taxes over the years and now accompanied with the additional cost for sewers would be a severe personal financial burden. Mr. Lloyd B. Plath, Parcel 54-2-3-9, his major objection to the project is the thought that the contractor bids received that he strongly opposed the project. addressed the Board and stated that cost. Mr. Plath commented that he for the project were inflated and Mrs. Mary McIntyre, Parcel 54-2-4-8, addressed the Board and stated that she was opposed to the project because it is unnecessary, too costly and is not wanted by the property owners. Mr. Albert G. Morgan, Parcel 54-2-5-10, addressed the Board and stated that he protested the two units of assessment assigned his parcel but that he supported staff's proposed method of assessment. In response to query by William T. Manning, Parcel 54-2-4-10, Mr. Horstkotte stated that correct number of units of assessment assigned to his property was 1-l/2. He then explained the allocation of the l/1/2 units to . the parcel. Mr. Manning stated that he opposed the project because of cost and that when adjacent property is developed, it would be more economical for him to connect to the sewer system of this adjacent property. Discussion followed with Mr. Manning stating that his parcel had been up for sale for three months. 10 04 73 222 Mr. Donald C. Anderson, Parcel 54-2-3-2, addressed the Board and stated that while he did not appreciate the cost, he was in favor of LID 54, Schedule 2. President been heard and Mitchell, that Schedule 2, be Rustigian then stated that all written protests received had considered. It was moved by Member Gibbs, seconded by Member staff's proposed method of assessment for LID No. 54, adopted. . Prior to the polling of the Board, Mr. Horstkotte and Member Mitchell, inre~ponse to query by Mr. J. Graehm Sullivan, Parcel 54-2-2-3, explained the assessment procedures by which the District will advance funds for the completion of the project. Secretary Davis then polled the Board. Motion made by Member Gibbs and seconded by Member Mitchell. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None Mr. Keith Howard, Attorney representing Mr. and Mrs. K. Ross Fitzsimmons, Parcel 54-2-2-6, announced withdrawal of his protest to the number of units of assessment to Parcel 54-2-2-6. It was moved by Member Mitchell, seconded by Member Gibbs, to deny all protests requesting exclusion from LID No. 54. Schedule 2, and to deny written protests, File Number 3 through 20 of the Protest Log, LID No. 54, Schedule 2. Carried by the following vote: AYES: NOES: ABSENT: Members: Memb er : Members: Gibbs, Mitchell, Allan and Rustigian Boneys teele None It was moved by Member Allan, seconded by Member Gibbs, to deny written protests,~,FilecNùmber~,.22, ,24,::25, arid 26, ProtèstLog, q:D'"No,. 54 Schedule 2. Carried by the following vote: AYES: NOES: ABSENT: Members: Member: Memb ers : Gibbs, Mitchell, Allan and Rustigian Boneysteele None President Rustigian called for oral protests by persons not previously heard. There were none. Mr. Alfred J. Busch, Parcel 54-2-4-l6, addressed the Board and re- quested specific action by the Board on his written protest, dated October 3~ 1973,wherein he requested exclusion from LID 54, Schedule 2. It was moved by Member Gibbs, seconded by Member Mitchell, to deny the written protest of Mr. Busch dated October 3, 1973. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Memb ers : Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None Member Mitchell expressed regret regarding the degree of animosity which had been displayed and directed toward the Board of Directors as the circumstances leading to the Board's action on LID No. 54, Schedule 2, were not created by the Board. It was moved by Member Gibbs, seconded by Member Allan, that the public hearing on LID No. 54, Schedule 2, be closed. Carried by the following vote: AYES: NOES: ABSENT: 10 04 Members: Members: Members: 73 Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 223 RESOLUTION NO. 73-110, A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 73-89, LOCAL IMPROVEMENT DISTRICT NO. 54 After explanation by Mr. Laster. Special Counsel for the District, it was moved by Member Allan, seconded by Member Gibbs, that Resolution No. 73-110, be adopted. Carried by the following vote: AYES: NOES: ABSENT: Memb ers : Member: Members: Gibbs, Mitchell, Allan and Rustigian Boneysteele None At the request of Member Mitchell, Member Boneysteele gave an explana- tion as to why he had voted in opposition to various actions adopted by the Board on LID No. 54, Schedule 2. He stated that in his opinion, providing sewers for LID No. 54, Schedule 2, was not practical because of the high cost involved and strong opposition by a substantial number of property owners. Member Boneysteele indicated that as a matter of policy, he will continue to oppose the formation of local improvement districts where the area involved is similar to LID No. 54, Schedule 2, and where it is economically and politically not feasible to sewer the area. Mrs. Mary McIntyre, parcel 54-2-4-8, addressed the Board and stated that she planned to initiate legal action to oppose the Board's action on LID No. 54, Schedule 2. Mr. J. Graehm Sullivan, parcel 54-2-2-3, addressed the Board and stated that he objected to the remarks made by Member Mitchell regarding the circum- stances leading to LID No. 54, Schedule 2. Mr. Jack F. Van Zanten, parcel 54-2-4-9, addressed the Board and stated that while he believed Member Mitchell acted in a fair manner, he did not think the circumstances leading to LID No. 54, Schedule 2, were created by the property owners. RESOLUTION NO. 73-l11, A RESOLUTION AND ORDER ADOPTING ENGINEER"S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS, LOCAL IMPROVEMENT DISTRICT NO. 54 After explanation by Mr. Laster, Special Counsel for the District, it was moved by Member Gibbs, seconded by Member Allan, that Resolution No. 73-lll be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, MitChell, Allan and Rustigian None None RESOLUTION NO. 73-ll2, A RESOLUTION DESIGNATING COLLECTION OFFICER, LOCAL IMPROVEMENT DISTRICT NO. 54 After explanation by Mr. Laster, Special Counsel for the District, it was moved by Member Allan, seconded by Member Gibbs, that Resolution No. 73-ll2, be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None Mr. liorstkotte, General Manager-Chief Engineer, reported that staff proposed an addition to the Environmental Impact Report, LID No. 54, Schedule 2, entitled "Mitigation of Growth Inducing Impact," which he then read to the Board. ,After comment by Member Boneysteele, it was moved by Member Gibbs, seconded by Member Mitchell, that the proposed addition "Mitigation of Growth 1,0 04 73 224 'Inducing Impact" to EIR, LID No. 54, Schedule 2, as amended, be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None It was then moved by Member Gibbs, seconded by Member Allan, that the Final Environmental Impact Report, LID No. 54, Schedule 2, be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mtichell, Allan and Rustigian None None RESOLUTION NO. 73-ll3, A RESOLUTION OF DETERMINATION OF ENVIRONMENTAL EFFECT, LOCAL IMPROVEMENT DISTRICT NO. 54, SCHEDULE 1, SCHEDULE 2, SCHEDULE 3 and SCHEDULE 4 After explanation by Mr. Laster, Special Counsel for the District, it was moved by Member Mitchell, seconded by Member Gibbs, that Resolution' No. 73-ll3 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None President Rustigian then informed the audience on the administrative procedures that affect property owners regarding LID No. 54, Schedule 2. After further discussion with Mr. Laster, stating that individuals have 30 days to file an appeal to the EIR, LID No. 54, Schedule 2, President Rustigian recessed the meeting at 10:38 o'clock P.M. At lO:48 o'clock P.M., President Rustigian reconvened the meeting. Member Boneysteele commended staff on the detailed format that it had prepared for the conduct of the hearing. He suggested that this procedure should be followed in future hearings of this type. 2. CONCORD CONTRACT PROPOSAL Mr. Horstkotte, General Manager-Chief Engineer, reported on the current status of staff discussions with officials of the City of Concord. 3. COUNTY WATER QUALITY CONTROL STUDY Mr. Horstkotte, General Manager-Chief Engineer, and Mr. Bohn, Counsel for the District, reported on the current status of staff's discussions and activities regarding the County Water Quality Control Study. They indicated that the Scope of Work must be further defined. L VII. NEW BUSINESS 'CONSENT ITEMS a. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT It was moved by Member Allan, seconded by Member Gibbs, that easement from T. H. Lowe, et ux, Job No. 2324, Parcel l, be accepted and its re- cording ordered. Carried by the following vote: AYES: NOES: ABSENT: 1,0 ,04 Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 73 ;1 i I 225 2. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA: None. 3. INFORMATION: None. VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER Mr. Horstkotte noted that Board Members had received a copy of the revised District Code and the 1973 Standard Specifications of the District. Mr. Horstkotte then reported on the current status of the following activities: a. Construction of Storage Facility at Office Site. b. Rudgear Road, Walnut Creek, DSP 2l00. c. Hacienda Circle. Orinda. DSP 1926~ d. Holding Basin, Treatment Plant, DSP 2032 II. e. Water Reclamation Facility. f. Bollinger Detachment (1700 acres). In response to query, Mr. Horstkotte explained that the progress payment submitted by the contractor for the Water Reclamation Facility had included expenditures for mobilization, insurance and cash for bond. Mr. Horstkotte gave a report on his recent trip to London, England, and Paris, France, to attend an Instrumentation, Control and Automation for Wastewater Treatment Systems Conference. 2. COUNSEL FOR THE DISTRICT Upon the recommendation of Mr. Bohn, it was moved by Member Gibbs, seconded by Member Mitchell, that authorization to proceed with condemnation action, LID No. 54, Schedule 2, parcels 3,13, l5, l8, 25 and 26 be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None After comment by Member Mitchell, discussion followed regarding a formal timely administrative procedure to alert developers of areas seeking annexa- tion to the District, that sewer service is contingent upon the District's ability to finance future treatment plant capacity and to obtain approval from appropriate environmental control agencies. After discussion, wherein Board Members, staff and Mr. Bohn participated, Mr. Bohn stated that he would review previous notices to developers that had been forwarded by the District and would report at the next meeting. Item continued. In response to query by Member Gibbs, Mr. Bohn reported on the current status of condemnation action which was requested by Mr. Peter Meagher for easement from Mr. Ferdinand Simon, Wildwood Road, Orinda. Mr. Bohn indicated that the condemnation action ~ay be contested. 3. SECRETARY Mr. Davis reported that the press media was holding its second annual "Gridiron" dinner at the Red Rooster Restaurant, Walnut Creek, on October 6, 1973. Board Members were cordially invited. 10 04 73 226 4. COMMITTEES None. IX. MATTERS FROM THE FLOOR l. Mr. Robert A. Falco, attorney and candidate for election to the District Board of Directors, addressed the Board and stated that he was not familiar with the Sanitary District. However, his purpose in seeking election to the Board was because of his interest in District activities. After commenting that his presence this evening was as an observer, Mr. Falco suggested that because of the large number of property owners pro- testing LID No. 54, Schedule 2, legal action against the District may resul t. President Rustigian, on behalf of the Board Members, thanked Mr. Falco for his remarks. 2. Member Boneysteele suggested early review by the Board, prior to any expenditure of funds, of any proposed action by the staff to form Pro- posed Sewering Areas. Staff indicated that a report on a pending PSA would be ready for presentation to the Board in November, 1973. 3. Mr. Dalton, Deputy General Manager-Chief Engineer, reported that the annual Diablo Valley College Scholarship Fund Dinner was scheduled for October 25, 1973, at the Sheraton Inn, Concord. Board Members were cordially invited. 4. Member Mitchell expressed interest in receiving a report from Bartle Wells and Associates, financial consultant to the District, at the next meeting. 5. President Rustigian requested that staff and Counsel for the District review the notice to be sent to property owners of LID No. 54, Schedule 2, and present it to the Board. Notices to be sent by certified mail. 6. Board Members and staff discussed the action of the Local Agency Formation Commission regarding the Bollinger Detachment (l700). X. ADJOURNMENT At ll:16 o'clock P.M., President Rustigian adjourned the meeting. COUNTERS IGNED : ~" II tÇ:<t~~ Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 10 04 73