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HomeMy WebLinkAboutBOARD MINUTES 03-27-69 of'" '_,i,," " MINUTES OF AN ADJOURNED REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD MARCH 27,1969 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 27, 1969, at 8:00 o'clock P.M. The meeting was called to order by President Gibbs. I. ROLL CALL PRESENT: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs ABSENT: Members: None II. APPROVAL OF MINUTES It was moved by Member Mitchell, seconded by Member Allan, that the Minutes of the March 20,1969, meeting be approved subject to the following addition: Under "V. BIDS, LOCAL IMPROVEMENT DISTRICT NO. 50", the following paragraph shall be added before the motion: "The Board questioned the status of annexation procedures challenged by Mr. Monson. Staff declared that annexation agreements were obtained, but misplaced. All were re-signed by property owners and a full report would be made to the Board and the City. Mr. Dalton stated that he personally witnessed two original signings at the time District annexation proceedings were initiated." Motion correcting Minutes carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None III. APPROVAL OF EXPENDITURES None. IV. HEARINGS RESOLUTION NO. 1920. A RESOLUTION OF INTENTION TO ISSUE SEWER BONDS, LOCAL IMPROVEMENT DISTRICT NO. 50 President Gibbs opened the Hearing and asked Mr. Horstkotte, Engineer for Local Improvement District No. SO, to make explanation and review the proj ect. Mr. Horstkotte, Engineer for Local Improvement District No. SO, stated the purpose of the meeting was to hear protests relative to proceeding with the issuance of bonds for Local Improvement District No. 50, as set forth in Resolution No. 1920. Mr. Horstkotte explained the work that was to be done to sewer the City of Martinez. President Gibbs asked for any written protests. The Secretary reported that a petition containing 43 parts and 88l signatures was filed by Mr. DeLaFontaine. President Gibbs asked for any further written or oral protests. There were none. 03 27 69 c. ,"' ',..';,3' :.); Mr. Bohn, Counsel for the District, stated that the signatures on the petition would be verified for improved property owners within the boundaries of the Local Improvement District No. 50 area. President Gibbs asked Member Mitchell to review and explain the project. Member Mitchell stated that the District Board entered into an agreement with the City of Martinez because they felt they were in a position to help the City financially and provide the most economical service. He reviewed the financing proposed: $732,000 from the District, $732,000 from a Federal Grant, and $691,000, the City's share to be covered by a bond issue over a thirty year period. He stated that watershed charges would be established for new connectors and, from these funds, the City and District would recover funds advanced by the District and to apply to annual bond costs of the City. He stated the District has developed a construction fund from connection charges, annexation charges and watershed charges and are in a position to advance funds to needy areas and make capital improvements to the District system. He reviewed the cost to the City of Martinez homeowner with an assessed value of $5,000. He stated District Counsel has advised the District Board there is no way for the District to forego the collection of funds spent in Local Improve- ment District No. 50 engineering, etc. President Gibbs and Member Mitchell reviewed the District staff report and status of the Martinez area sewer connections for Local Improvement District No. 50. It was delineated that: 1. The District staff had complied with the letter and spirit of the contract by due notice to the City and securing of agreements to annex sewered properties to the City as witnessed by a. City's own records showing that properties sewered had been billed by the City for sewer use charge in July and August, 1968, several months before the alleged delayed notification to the City occurred. b. Two of the properties were already in the City. 2. The District has not yet annexed any of the properties and will not until January, 1970. 3. Any annexation to the City of Martinez would have to be initiated by the City according to the law. 4. Any misplacement of records and annexation agreements was apparently a City communications problem since it had received records showing the sewering had taken place as indicated by City sewer use charge billing. S. It was impractical and inequitable to deny immediate sewer service to properties simply to await the routine of annexation proceedings which might be prolonged at least six months for consolidation with other annexations. Mr. Bohn, Counsel for the District, stated that the delay is causing serious financial problems, such as losing the present bids for the work and loss of the Federal Grant. He stated that, due to annexation election and agreement, the District is responsible to provide sewer service. President Gibbs asked Mr. Ernest Wilson, Counsel for Local Improvement District No. SO, to explain alternate means of financing. Mr. Wilson explained the alternate means of financing available under the 19l1, 19l3 and 19l5 Improvement Acts; all of which he stated would be more costly. 03 27 69 ;;- ""';' Mr. Monson, Martinez City Manager, stated that they understood all subjects discussed and are determined to detach from the District and solve their problem themselves. He stated that the law was clear and provides a way for it to happen. If not, the District would be saddled with the problem. Mr. Horstkotte presented a letter from the Regional Water Quality Control Board dated March 26,1969, enclosing a tentative Cease and Desist Order directed to the District and City of Martinez to be considered by the Board at its regular meeting on April 23,1969. Others who entered into the discussion were Mr. Satre, City Engineer, Mr. Sedar, Mr. Hughey and Mr. Park. President Gibbs asked if anyone wished to withdraw their signature from the petition. There were none. President Gibbs asked if anyone wished to say anything further. There were none. President Gibbs closed the Hearing. V. BIDS None. VI. OLD BUSINESS None. VII. NEW BUSINESS None. VIII. REPORTS COMMITTEES None. GENERAL MANAGER-CHIEF ENGINEER None. COUNSEL FOR THE DISTRICT None. IX. ADJOURNMENT At lO:20 o'clock P.M., the meeting was adjourned by President Gibbs to April 3, 1969. ~f "L~, #,,¿'é þ J!j ~/ ¿4/ ~l. ,~~~'-' President of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: " .. "") " " ," v/ , (,-,,'~ ,;-':./':;/~-?v"'> ¿.,,-, Se~~ry of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 03 (') rlt..>! hJ '( . ~>Q, Oú.i