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HomeMy WebLinkAboutBOARD MINUTES 04-19-73 86 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD APRIL 19,1973 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 Ca1ifornia~ on April 19,1973, at 8:00 o'clock P.M. The meeting was called to order by President Rustigian. I. ROLL CALL PRESENT: Members: Boneystee1e. Gibbs, Mitchell, Allan and Rustigian ABSENT: Members: None II. APPROVAL OF MINUTES 1. MEETING OF MARCH 15. 1973 To be continued. 2. MEETING OF APRIL 5, 1973 To be continued. 3. MEETING OF APRIL l3~ 1973 To be continued. III. APPROVAL OF EXPENDITURES None. IV. HEARINGS 1. LOCAL IMPROVEMENT DISTRICT NO. 50 President Rustigian opened the hearing on Local Improvement District No. 50. 'Mr. Horstkotte, General Manager-Chief Engineer, explained, for the benefit of the persons present in the audience, that the hearing was for the primary purpose of entertaining protests, written or verbal, against the changes and modifications made to the unit of assessment subsequent to~ and as a result of, previous hearings held on March 15 and March 29, 1973. Mr. Horstkotte re- ported that the Secretary, as of 4:30 o'clock P.M., this date. had received no written protests against the proposed changes and modifications to the unit of assessment. In response to Board query and after discussion, Mr. Horstkotte stated that Mr. J. Balestrieri. Parcel No. 50-46-74, was continuing his protest against the assessment which was denied at the prior hearings. Mr. Horstkotte then reported receipt of thirteen additional protests which properly should have been presented at the March 15th hearing. After discussion and assurance by Mr. Horstkotte that all protests had received individual consideration by the staff based on its merits and that staff recommendations were based on zoning as established by the City of Martinez~ Mr. Horstkotte presented staff reco~endations for each of the following protests: 04 19 73 87 District Assessment No. Name of Owner Staff Recommendation 50-14-25 50-20-23 50-20-56 50-21-19 50-21-51 50-21-96 50-21-110 50-23-9 50-25-16 50-31-44 50-33-4 50-33-58) 50-33-59) 50-46-74 50-51-5 H. J. Myers C. Compagno E. Buhr A. McFarland J. Cavallaro Sidney Lippow Company D. H. Fletcher J. Ortiz E. Buhr B. Lewis J. Cavallaro Joint Parcels G. V. Cu1um J. Balestrieri United Brotherhood of Carpenters and Joiners of America Deny " " " " " " " " " " " " " " As each protest was presented by Mr. Horstkotte, President Rustigian asked if the owner wished to address the Board on the matter. The following individuals were present in the audience and made oral pro- test to the Board regarding staff recommendations on assessments: Mr. H. J. Myers, Parcel 50-14-25 Mr. J. Cavallaro, Parcel 50-21-51 and 50-33-4 Mr. B. Lewis, Parcel 50-31-44 After discussion and explanation by Board Members and staff regarding the oral protests made by protestees in the audience, President Rustigian stated the Board was prepared to entertain oral protests on other parcels of property. Mr. S. Girard, Parcels 50-25-12 and 50-25-13, presented an oral protest regarding number of units of assessment assigned these properties. Board Members and staff responded to Mr. Girard's protest by indicating that the parcels had received field review by a Committee of the Board and staff re- presentatives. As a result of such 'field review, the number of units of ass- essment had been reduced and that further reduction was not recommended. Mr. W. G. Sheppard, Church of Latter Day Saints, Parcel 50-41-41, pre- sented an oral protest regarding number of units of assessment assigned to his property. Board Members and staff responded to Mr. Sheppard's protest by indicating that the parcel had received field review by a Committee of the Board and that staff had confirmed the zoning of the property by the City of Martinez. As a result of such previous action, the number of units of assessment had been reduced and that further reduction was not recommended. Mr. George Lustow, Parcel 50-36-45, presented an oral protest regarding number of units of assessment assigned his property. After discussion by Board Members, staff and Mr. Lustow, staff recommended that the number of units of assessment for Parcel 50-36-45 be assigned from three to two and that because of staff error on this assessment that the District absorb the cost of the unit of assessment not assessed. It was moved by Member, Boneysteele, seconded by Member Gibbs, that two units of assessment be assigned to Parcel 50-36-45 and that the District absorb the unit of assessment not assigned. Carried by the following vote: AYES: NOES: ABSENT: Members: Membe rs : Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None It was moved by Member Gibbs, seconded by Member Allan, that the Presi- dent declare hearing closed. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None 04 19 73 88 RESOLUTION NO. 73-32. A RESOLUTION ORDERING CHANGES AND MODIFICATIONS, LOCAL IMPROVEMENT DISTRICT NO. 50 After explanation by Mr. Laster of Wilson, Jones, Morton and Lynch, Special Counsel for the District, it was moved by Member Allan, seconded by Member Mitchell, that Resolution No. 73-32 be adopted. Carried by the following vote: 'AYES: NOES: AB SENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None RESOLUTION NO. 73-33, A RESOLUTION PERMITTING FILING OF SURETY BONDS AND AUTHORIZING RELEASE OF RETENTION FUNDS After explanation by Mr. Laster of Wilson, Jones, Morton and Lynch, Special Counsel for the District, and Mr. John Bohn, Counsel for the District, and after discussion by Board Members, Counsel and staff, and upon the recom- mendation of Mr. Laster and Mr. Bohn, it was moved by Member Gibbs, seconded by Member Mitchell, that Resolution No. 73-33 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Membe rs : Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None Mr. Laster of Wilson, Jones, Morton and Lynch, Special Counsel for the District, explained that because of administrative procedures, assessee's would have to June 8, 1973"to make cash payment. Further that he would be initiating appropriate legal action to validate the amount of assessment and, therefore, District receipt of funds would be delayed until August, 1973. 2. DISTRICT ANNEXATION NO. 37 RESOLUTION NO. 73-34, A RESOLUTION ORDERING THE ANNEXATION OF TERRITORY CONTAINED IN DISTRICT ANNEXATION NO. 37 TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT After explanation by, Mr. Horstkotte, General Manager-Chief Engineer, and Mr. Dalton, Deputy General Manager-Chief Engineer, and further report by Mr. Horstkotte that no written protests had been received by the Secre- tary of the District Board and there being no oral protest, it was moved by Member Gibbs, seconded by Member Mitchell, that Reso1utiòn No. 73-34 be adopted. Carried by the following vote: AYES: NOES: AB SENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None V. BIDS None. VI. OLD BUSINESS None. VII. NEW BUSINESS 1. CONSENT ITEMS a. ACCEPTANCE OF EASEMENTS AT NO COST TO THE DISTRICT It was moved by Member Allan, seconded by Member Gibbs, that easements from: 04 19 73 Grantor Job No. (LID 54-2) (LID 54-3) . (LID 54-3) (LID 54-3) (LID 54-3) 2154 2155 2l55 2155 2155 2205 2205 2238 2240 2261 2280 2280 2287 James W. Allen Norman T. Walter, et ux Colia H. McAllaster & Ernest H. Hart Ralph J. Eschborn, II Anthony A. Braccia, et ux Zocchi Bros., Ptn. Zocchi Bros., Ptn. The Tecton Enterprises Co. Western Title Guaranty Co. Donald G. Dhont, et ux] Edna V. Stone & Lloyd C~ Kelley, et ux Robert G. Basch, et ux B. Irene Hollingsworth 89 Parcel No. 2 A & B 2 3 3 3 1 2 H 1 1 1 2 1 be accepted and their recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None CONFIRM "AMENDED ASSESSMENT DIAGRAM(S)" AND AUTHORIZE RECORDING OF SAID DIAGRAM(S) b. It was moved by Member Allan, seconded by Member Gibbs, that authorization for confirmation of the below "Amended Assess~ent Diagram(s)" and their recording be approved: . Amended Assessment No. Apportioned Amount 52-3-2-7 Original Assessment No. 52-3-2-8 52-3-2-9 52-3-2-10 52~3-2-11 $2,791.15 2,791.15 2,791.15 2,791.15 Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None c. AUTHORIZE EXECUTION OF CONSENT TO DEDICATION (SHORT FORM) TO CONTRA COSTA COUNTY, JOB 1574, TRACT NO. M.S. 49-72, WALNUT CREEK It was moved by Member Allan, seconded by Member Gibbs, that the President and Secretary be authorized to execute Consent of Dedication (short form) to Contra Costa County, Job 1574, Tract No. M.S. 49-72, Walnut Creek. Carried by the following vote: AYES: ' NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 2. AUTHORIZE EXECUTION OF AGREEMENT RELATING TO REAL PROPERTY TO DONALD L. RHODES It was moved by Member Gibbs, seconded by Member Allan, that the President and Secretary be authorized to execute Agreement Relating to Real Property to Donald L. Rhodes. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None ENVIRONMENTAL IMPACT ASSESSMENT JOB 2100, RUDGEAR ROAD TRUNKS RESOLUTION NO. 73-35, A RESOLUTION MAKING A NEGATIVE DECLARATION AND PROVIDING FOR NOTICE THEREOF 3. After explanation by Mr. Horstkotte, General Manager-Chief Engineer, and 04 19 7;j 90 Mr. Dalton, Deputy General Manager-Chief Engineer, and assu!ance by staff that any controversial projects involving impact statements would be fully presented to the Board, it was moved by Member Gibbs, seconded by Member Allan that Resolution No. 73-35 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None 4. ENVIRONMENTAL IMPACT ASSESSMENT JOB 2300, ARNOLD INDUSTRIAL HIGHWAY Item was withdrawn after Mr. Horstkotte, General Manager-Chief Engineer, explained that Contra Costa County in previous action had approved the Environmental Impact Statement for Job 2300 and therefore no action by the District was necessary. 5. ' ANNUAL AUDIT Board Members, staff and Mr. Bohn, CounseÍ for the District, discussed and exchanged comments regarding the policy of the District for the conduct of annual audits. It was the consensus of the Board that staff further review the matter and report to the Board. Item was continued. 6. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. VIII. REPORTS 1. COMMITTEES a. CITIZEN'S ADVISORY COMMITTEE ON SOLID WASTE RECYCLING Member Boneysteele, Chairman of the Advisory Committee, reported on recent activities and progress of the Committee. Board Members, staff and Mr. Bohn, Counsel for the District, discussed various aspects of Member Boneystee1e's report. ¡ b. PERSONNEL COMMITTEE After comments by Member Mitchell, Chairman, and Member Boneysteele, of the Personnel Committee, and after explanation by staff, it was moved by Member Mitchell, seconded by Member Boneystee1e, that the summer temporary help program as recommended by staff be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None c. NEGOTIATING COMMITTEE FOR CITY OF CONCORD Mr. Horstkotte, General Manager-Chief Engineer, noted that Board Members had been presented with a copy of staff's draft proposal setting forth conditions, and terms based on annexation for the consolidation of treatment plant facilities with the City of Concord. Such consolidation of treatment facilities ,between the District and the City of Concord is a requirement imposed by the State Water Quality Control Board. Board Members and staff discussed and revised the draft proposal concerning conditions and terms for consolidation by annexation to the District by the City of Concord. Staff was requested to prepare a formal proposal of conditions and terms for signature of the President of the Board for presentation to officials of the City of Concord. 2. COUNTY WATER QUALITY CONTROL STUDY In response to Board query, Mr. Dalton, Deputy General Manager-Chief Engineer, reported that staff was continuing efforts to arrange a dinner meeting with representatives of the Board of Supervisors and County Staff for the evening of May 3, 1973. Alternate date is May 1, 1973. Staff will advise. 3. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Horstkotte presented alternative staff proposals for advertisement 04 19 73 91 in the telephone directory regarding emergency sewage services available from the Sanitary District. After discussion and comment by Member Boneysteele re- garding administrative procedure for obtaining prominent advertisement in the telephone directory, it was moved by Member Gibbs, seconded by Member Allan, that authorization of $216.00 (approximate cost) for advertisement of the avail- ability of District sewage services in the local telephone directory be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 4. COUNSEL FOR THE DISTRICT None. 5. SECRETARY a. RESOLUTION NO. 73-36, A RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION, CONSTRUCTION AND COMPLETION OF CERTAIN PUBLIC IMPROVEMENTS AND AUTHORIZING THE FILING OF CONDEMNATION PROCEEDINGS After explanation by Mr. Davis, it was moved by Member Allan, seconded by Member Gibbs, that Resolution No. 73-36 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneystee1e, Gibbs, Mitchell, Allan and Rustigian None None b. AUTHORIZE EXECUTION OF CONSENT TO DEDICATION (SHORT FORM) TO CONTRA COSTA COUNTY, JOB NO.. 1597, 'TRACT NO. M.S. 271-72, ALAMO AfteE explanation by Mr. Davis, it was moved by Member Gibbs, seconded by Member Boneysteele, that the President and Secretary be authorized to execute Consent to Dedication (short form) to Contra Costa County, Job No. l597, Tract No. M.S. 271-72, Alamo. Carried by the fol10wing,vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None c. BOARD MEETING SCHEDULED FOR MAY 3, 1973 As other District business may preclude a quorum of the Board Members being present at the Meeting scheduled for May 3,1973, the matter was discussed. As Secretary to the Board, Mr. Davis was requested to be present at the normal time and place and declare whether a quorum of the Board Members was present on May 3, 1973. IX. MATTERS 'FROM THE FLOOR l. Mr. Horstkotte, General Manager-Chief Engineer, noted action taken by the San Francisco Regional Water Control Board at its meeting of April 24,1973 regard- ing the County's Water Quality Study. 2. CALIFORNIA ASSOCIATION OF SANITATION AGENCIES It was mo~ed by Member Mitchell, seconded by Member Gibbs, that Board Members attending the CASA Executive Committee meeting on April 27-28,1973, at Berkeley, California, be authorized transportation, registration fees and expenses. Carried by the following vote: AYES: NOES: ABSENT: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian ' Members: . None Members: None 04 19 73 92 3. SPECIAL SERVICE CHARGE Board Members and staff discussed various aspects of the application of the District's special sewag~ service charge. Member Mitchell reaffirmed his recommendation to exclude all public agencies from service charges as presently constituted. Staff was requested to further review the matter and report to the Board. Item continued. 4. J. B. GILBERT AND ASSOCIATES After Mr. Bohn, Counsel for the District, indicated that further information regarding retainer fee for J. B. Gilbert and Associates as District engineering consultant would be forthcoming, it was confirmed by the Board Members that J. B. Gilbert and Associates be employed by the District. 5. PUBLIC SIGN ON BOARD MEETINGS At the suggestion of Member Boneystee1e, staff was requested to prepare an appropriate sign to assist the public in locating the Board room for Board meetings. x. ADJOURNMENT At lo:25 o'clock P.M., President Rustigian adjourned the meeting. Presiden of the Dis rictoard of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: f{([)~AJt ~ Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 04 19 73