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HomeMy WebLinkAboutBOARD MINUTES 09-27-73 'LOt MINUTES OF AN ADJOURNED REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD SEPTEMBER 27,1973 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 September 27,1973, 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 Item continued. Ill. APPROVAL OF EXPENDITURES - None. IV. HEARINGS None. V. BIDS None. IV. OLD BUSINESS 1. LOCAL IMPROVEMENT DISTRICT NO. 54 President Rustigian stpted that the purpose of the discussion on Local Improvement District No. 54 was to review staff reports on Local Improvement District No. 54 and to provide guidance to the staff regarding the conduct of the Hearing scheduled for October 4, 1973. Board members, staff, Mr. Bohn, Counsel for the District and Mr. Jerry Laster, Wilson, Jones, Morton and Lynch, Special Counsel for the District discussed and reviewed staff reports on Local Improvement District No. 54 and exchanged comments regarding guidance for staff in the conduct of the Hearing scheduled for October 4, 1973. In response to query by Member Mitchell, Mr. Dalton, Deputy General Manager-Chief Engineer, stated staff had explored the feasibility of excluding nine parcels for the Local Improvement District No. 54, Schedule 2 area. He stated that exclusion of these nine parcels would result in reducing the unit of assessment from $4,447.00 to $4,116.00 but only if the Contractor agreed to hold the same unit prices for the reduced work. He explained that the topography, environmental considerations and the number of large lots were the causal factors for the high unit of assess- ment. Discussion followed on the matter of exclusion of selected parcels from the Local Improvement District No. 54, 'Schedule 2 area, with staff being requested by Member Mitchell to have appropriate cost and engineering data available for the Hearing on October 4, 1973. - In response to query by Member Boneysteele, Mr. Dalton, Deputy General Manager-Chief Engineer, reviewed for Board Members the background on the development and formation of Local Improvement District No. 54, Schedule 2, with particular reference to present District costs of $39,000 expended on the project. Discussion followed with staff explaining the additional costs that had occurred as a result of the project being reactivated in 1972; 09 2'1 73 208 After consideration and discussion regarding possible reduction in engineering costs to be allocated to Schedule 2, Mr. Dalton explained staff administrative procedures for future improvement districts. In response to query,he stated that staff has initiated - preliminary action toward the formation of one additional improvement district. Board members reviewed and discussed staff memorandums dated September 21, and 25, 1973, regarding method of assessment for Local Improvement District No. 54, Schedule 2 area. Staff proposal is: a. Assign each parcel one unit of assessment with option upon written request to defer payment on additional units of assessment assigned to parcel. b. Exclude disposal costs from each unit of assessment. Property owner to have option to include disposal costs upon written request. c. Contribute an estimated $55,000 to complete the project with the District to recover costs through rebate agreement. Board members and staff discussed and exchanged comments regarding staff's proposed method of assessment for Local Improvement District No. 54, Schedule 2 with Mr. Dalton explaining that equalization charges and rebate charges wouid recover District's costs including interest charges. Board members and staff then discussed the desirability of applying the staff's proposed method of assessment to Local Improvement District No. 54, Schedule 3 area. During the discussion, it was mcn¡-ed by Member Gibbs that staff be authorized to prepare as an alternate option for property owners of parcels located in Local Improvement District No. 54, Schedules 2 and 3, a method of assessment based upon one unit of assessment for each parcel with a rebate agreement. Motion failed for lack of a second. Mr. Jack F. Van Zanten, 100 Oak View Terrace, Danville (parcel 54-2-4-9) addressed the Board and stated that property owners in Local Improvement District No. 54, Schedule 2 area had nominated him to be their spokesman in opposing Local Improvement District No. 54, Schedule 2 at the Hearing of October 4, 1973. Mr. Van Zanten indicated that staff's proposal of one unit of assessment for each parcel in the Schedule 2 area with rebate agreement was an appropriate compromise and in his opinion "fair". After further discussion and with Mr. Dalton presenting Board members with a draft agreement depicting option selection of assessment and obligations by property owners, it was moved by Member Gibbs, seconded by Member Allan, that authorization for staff to prepare as an alternate proposal for property owners of parcels loc~ted- in Local IÏnp~oyement, ,~.' District No. 54, Schedule 2, a method of assessment based upon a~signment of one unit of assessment for each parcel with rebate agreement 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 It was moved by Member Mitchell, that authorization for staff to prepare as an alternative proposal for Local Improvement District No. 54, Schedule 2, information and data reflecting exclusion of selected parcels from the Schedule 2 area. After discussio~motion failed for lack of a second. . In response to query, Mr. Laster stated that the Board does have legal authority to exclude from an improvement district persons who have expressed desire to be included. Such action to be initiated only after appropriate hearing and where there must be a redetermination of the unit of assessment and method of assessment. Mr. Laster then explained that assessment proceedings on Local Improvement District No. 54 would require 09 27 73 20;) a Change and Modification Hearing subsequent to the Hearing scheduled for October 4,1973. After discussion, it was moved by Member Boneysteele that the Board reconsider its previous action in authorizing staff to prepare an optional alternative for property owners on method of assess- ment for Local Improvement District No. 54, Sc~edule 2. Motion failed for lack of a second. Mr. Bohn, Counsel for the District, recommended that staff, Counsel for the District, and Special Counsel for the District, be authorized to prepare a format for the conduct of the Hearing scheduled for October 4, 1973. Discussion followed with participation by Board members, staff, Counsel for the District, Special Counsel for the District and Mr. Van Zanten. During the discussion, Mr. Van Zanten commented upon staff deter- mination of "niajority protest" for Local Improvement District No. 54, Schedule 2, and the rationale of those property owners opposed to Schedule 2. After Mr. Van Zanten commented on the format for the conduct of Hearing scheduled for October 4, 1973, President Rustigian advised Mr. Van Zanten that the purpose of the meeting this date was for the Board to hold a study session on Local Improvement District No. 54 and that his comments sho~d be presented at the Hearing scheduled for October 4,1973. After further discussion and with Mr. Laster stating that only written protests to Local Improvement District No. 54 received as of 8:00 o'clock P.M. on September 20, 1973, were valid by law, the Board, with comment by Member Gibbs, provided staff and Counsel with guidance for the preparation 'of a "Conduct of Hearing Format" for the meeting of October 4, 1973. Member Mitchell stated that after personal investigation of parcel 54-3-4-2 (W. E. Mitchell propertý) 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. Item continued. 2. CONCORD CONTRACT PROPOSAL . Mr. Dalton, Deputy General Manager-Chief Engineer, reported on the current status of staff negotiations with officials of the City of Concord. He explained in his report that officials of the City of Concord had requested clarification of tWo points as proposed in the District's contract proposal. These points related to cost that may be allocated to the City of Concord in the event it is necessary to increase the capacity clthe District's line A by constructing a parallel line. The second point involved, clarification on the responsibility of the City of Concord in the event regulatory agencies imposed a monetary fine upon the District for failure to meet discharge requirements. 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. Mr. Dalton indicated that after opportunity for officials of the City of Concord to further review the- District's contract proposal, a meeting between District's negotiating committee and officials of the City of Concord could possibly be scheduled within two tweeks. Item continued. 3. COUNTY WATER QUALITY CONTROL STUDY Mr. Dalton, Deputy General Manager-Chief Engineer, and Mr. Bohn, Counsel for the District, reported on the current status of negotiations and meet- ings being held with officials of Contra Costa County, officials of various cities in Contra Costa County, staff and Mr. J. B. Gilbert, J. B. Gilbert and Associates, engineering consultant to the District. They reported that 09 27 73 210 through concerted effort, the group was in the process of finalizing and defining "the scope of the work" to be performed. Mr. Dalton then reviewed for Board Members the background and staff rationale in its , approach to the County's Water Quality Control Study. Item continued. 4. CLAIM OF MRS. T. J. McCARTHY IN THE AMOUNT OF $425.95 After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer, item was deferred. VII. NEW BUSINESS 1. CONSENT ITEMS a. AUTHORIZE .EXECUTION,OF AGREEMENTS RELATING TO REAL.PROPERTY_.\HTH CONTINENTAL DEVELOPMENT COMPANY, JOB 2250 After explanation by Mr. Dalton, Deputy General Manager-Chief Engineer, it was moved by Member Mitchell, seconded by Member Allan that the President and Secretary be authorized to execute agreements relating to real property with Continental Development Company, Job No. 2250. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None b. ACCEPTANCE OF EASEMENT AT NO COST TO THE DISTRICT It was moved by Member Mitchell, seconded by Member Allan that easement from August J. Seiberlich, et ux, Job No. Local Improvement District 54-1, parcel 19, be accepted and its recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 2. RESOLUTION NO. 73-107, A RESOLUTION ADOPTING AN ELIGIBLE LIST, ENGINEERING AID I After comment by Member Mitchell, Chairman of the Personnel Committee, that the committee had reviewed staff's proposal, it was moved by Member Mitchell, seconded by Member Boneysteele, that Resolution No. 73-107 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members': Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 3. RESOLUTION NO. 73-108, A RESOLUTION APPOINTING PATRICIA J. DANNA, ENGINEERING AID I After comment by Member Mitchell, Chairman of the Personnel Committee, that the committee had reviewed staff's proposal, it was moved by Member Mitchell, seconded by Member Boneysteele, that Resolution No. 73-108 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 4. AUTHORIZATION TO HOLD ORAL AND WRITTEN EXAMINATION FOR POSITION OF ENGINEERING AID I It was moved by Member Boneysteele, seconded by Member Mitchell, that authorization to hold oral and written examination for position of Engineering 09 27 .73 211 Aid I be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 5. CLAIM OF MRS. GRACE STEELE IN THE AMOUNT 'OF $150 Mr. Dalton, Deputy General Manager-Chief Engineer and Mr. Hinkson, Manager-Maintenance Department, recommended that the claim of Mrs. Steele in the amount of $150 be denied. After discussion by Board members and staff, Mr. Hinkson was requested to inform Mrs. Steele of staff's recommendation to deny her claim and to determine if she desires to appear before the Board. 6. RESOLUTION 73-109, A RESOLUTION MAKING A NEGATIVE DECLARATION AND PROVIDING FOR NOTICE THEREOF, DISTRICT SEWERING PROJECT 2259, WATERSHED 35N Mr. Dalton, Deputy General Manager-Chief Engineer, stated that it was necessary to parallel existing sewer lines in the area of Green Valley Creek and Diablo Road, Danville. He stated that in addition to the requirement for additional sewer line capacity, the District had been experiencing maintenance problems on the present sewer line and syphon system. Mr. Dalton explained that staff proposed to install a parallel sewer line at a separate location from the existing line and that ease- ments will be required. With the new location maintenance problems imposed by the present syphon system would be basically alleviated. In response to query, Mr. Dalton stated that in his judgment the increased watershed fees recently authorized by the Board would be adequate to finance foreseeable projects in this area. Discussion followed with Member Mitchell expressing concern concerning the proposed location of the new 24 inch parallel sewer line. After further discussion, it was moved by Member Gibbs, seconded by Member Boneysteele, that Resolution No. 73-109 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Member: Members: Boneysteeele, Gibbs, Allan and Rustigian Mi tchell None 7. OTHER BUSINESS ADDED BY SUPPLEMENTAL AGENDA None. VIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dalton, Deputy General Manager-Chief Engineer, noted that Board Members had received a memorandum dated September 27,1973, from the District Engineer reporting the current status of District Sewering Project 2100 and District Sewering Project 1926, Rudgear Road, Walnut Cree~and Hacienda Circle, Orinda, respectively. b. Mr. Dalton reported that statuatory authority now exists for the District to seek an additional $226,311 in Federal funds for the treatment plant expansion project of 1967. He explained that when this project originated, the District was eligible for 33% grant funds and which now could be increased to 55%. After discussion, it was moved by Member Boneysteele, seconded QY Member Gibbs, that authorization for the President to sign Application for Reimbursement under Section 206, Public Law 92-500, be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Memb ers : Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None 09 21 73 212 c. Mr. Dalton reported that the District was now required to file for a National Discharger's Permit from the Environmental Protection Agency. He indicated that application for the permit is administratively a burden. Discussion followed with Member Allan suggesting that the Board may wish to consider appropriate measures to inform Federal regulatory agencies of the increasing administrative burden being experienced by local govern- mental agencies in meeting Federal reporting requirements. d. Mr. Dalton reported that Larwin Development Company had requested from staff, information regarding annexation and sewer service from the District. Mr. Dalton stated the area planned for development was located adjacent to and south of the Bishop Ranch Development. , Discussion followed with Mr. Dalton indicating that representatives of Larwin Development Company had been advised to make a formal presentation to the Board regarding annexation and sewer service. 2. COUNSEL FOR THE DISTRICT a. Mr. Bohn reported that the County Solid Waste Management Policy Committee was considering eight alternative plans for the reorganization of the Policy Committee. After 'discussion and upon the recommendation of Mr. Bohn, it was ,moved by Member Gibbs, seconded by Member Mitchell that Counsel for the District prepare correspondence for signature by the President indicating that the District favors alternative plans 3A and 3B for the reorganization of the Policy Committee. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Gibbs, Mitchell, Allan and Rustigian None None b.Mr. Bohn reported that the District had received an additional $5,467.15 from the Western Pipe Company litigation case. 3. SECRETARY Mr. Davis reported receipt of correspondence dated September 25,1973, from the Office of the Treasurer, State of California, indicating that prior investigation, report and approval by the State Treasurer on District Improvement Bonds, Local Improvement District No. 50, Series 1973-l,was not considered necessary. 4. COMMITTEES a. ADVISORY COMMITTEE ON SOLID WASTE RECYCLING Mr. Davis reported on the meeting of September 26, 1973,' ,~Di~C:llßsi9n followed regarding a proposed resolution by a SlID-committee of the County's Solid Waste Management Policy Committee which recommends that citizen advisory committees on solid waste report to the County's Policy Committee by November 1, 1973. It was the consensus of the Board to await the final report by the District's Advisory Committee. b. BAY AREA SEWAGE SERVICES AGENCY Member Gibbs, member of the Executive and Operating Committees, reported that the Environmental Protection Agency had published guidelines for selection "208 agencies." Discuss ion followed. IX. MATTERS FROM THE FLOOR 1. Member Mitchell reported that Sue Watson had expressed interest in addressing the Board regarding the proposed Bollinger Canyon Detachment. 2. Member Mitchell stated'that he was concet',ned regarding annexation of properties to the District without prior guarantee that the District would 09 27 73 213 have necessary funds and have approval of environmental control agencies to finance future treatment plant capacity in order to service the property. He indicated that for large developments in particular, the developer should receive a timely formal notice that though annexation is acknowledged, sewer service may be contingent upon the District's capability to finance future treatment plant capacity. Discussion followed with Mr. Bohn, Counsel for the District, being requested to prepare for consideration by the Board an appropriate notice to developers on the matter. Item continued. 3. In response to query by Member Boneysteele, ,Mr. Dalton, Deputy General Manager-Chief Engineer, commented on correspondence dated September 11,1973, from the District's Special Counsel to the District's financial consultant, Bartle Wells and Associates, regarding provisions of Assembly Bill 2008. Mr. Dalton stated that the provisions of the recently enacted bill may hamper the District in financing its treatment plant expansion program through use of short term instruments. Mr. Dalton stated that Bartle Wells & Associates 'are proceeding with the preparation of a prospectus and that J. B. Gilbert, J. B. Gilbert and Associates had been asked to monitor developments in Sacramento. 4. In response to query by Member Boneysteele, Mr. Bohn, Counsel for the District, stated that he had nothing new to report on Senate Bill 716 which pertains to financial disclosure requirements by elected officials. Mr. Bohn stated he would further review the matter. x. ADJOURNMENT At 10:55 o'clock P.M., President Rustigian adjourned the adjourned regular meeting. ./f '.,./~ Presid t of the Dis Central Contra Costa Contra Costa County, ric Board of the Sanitary District of State of California COUNTERSIGNED: f-" /(1 (.~(i.",'L1' Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 09 21 73