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HomeMy WebLinkAboutBOARD MINUTES 04-03-69 tr .' . ,,-,':i' " MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD APRIL 3, 1969 The District Board of Central Contra Costa Sanitary District convened in a Regular Session at its regular place of meeting located at l2S0 Spring- brook Road, Walnut Creek, County of Contra Costa, State of California, on April 3, 1969, at 8:00 o'clock P.M. The meeting was called to order by President Gibbs. I. ROLL CALL PRESENT: Members: Boneysteele, Mitchell, Allan and Gibbs ABSENT: Member: Rustigian Member Rustigian arrived at 8:26 o'clock P.M. during the District Annexation 24 Hearing. II. APPROVAL OF MINUTES It was moved by Member Mitchell, seconded by Member Allan, that the Minutes of the March 27, 1969, meeting be approved subject to the following corrections: Under "IV. HEARINGS, RESOLUTION NO. 1920, A RESOLUTION OF INTENTION TO ISSUE SEWER BONDS, LOCAL IMPROVEMENT DISTRICT NO. 50", the words "and voters" shall be eliminated from the statement of Mr. Bohn relative to verifying signature on petition. And a new paragraph shall be added, as follows: "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. "5. It was impractical and inequitable to deny immediate sewer ser- vice to properties simply to await the routine of annexation proceedings which might be prolonged at least six months for consolidation with other annexations." Motion correcting Minutes carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian 04 03 69 . \:..)0 '-" 0".' ',-, III. APPROVAL OF EXPENDITURES It was moved by Member Mitchell, seconded by Member Boneysteele, that the expenditures, as audited by the Auditing Committee and as submitted by the General Manager-Chief Engineer, be approved, reference being specifically made to Sewer Construction Vouchers Numbers 644 to 649, inclusive, Running Expense Vouchers Numbers 9329 to 9452, inclusive, and Payroll Vouchers Numbers 2950 to 3046, inclusive. Carried by the following vote: AYES: Members: Boneysteele, Mitchell, Allan and Gibbs NOES: Members: None ABSENT: Member: Rustigian IV. HEARINGS DISTRICT ANNEXATION 24 President Gibbs opened the Hearing and asked for written protests. Written protests were presented from the following (all from Parcel 7): W. A. Hoffman, 2726 Pleasant Hill Rd., Pleasant Hill *James M. Holm, 2738 Pleasant Hill Rd., Pleasant Hill Mr. and Mrs. Clifford Walker, 599 Paso Nogal Rd., Pleasant Hill Robert R. Kraft, 100 Topaz Lane, Pleasant Hill Ethelyn Ford, 8 Capri Lane, Pleasant Hill *Mr. and Mrs. Wilfred Hallmeyer Helen and Donald Holm, 6lS Paso Nogal Rd., Pleasant Hill There being no further written protests, President Gibbs asked for oral protests. Dahn *Taylor, Parcel l3 *later withdrew protests. See below. Mr. Dahn stated that it was questionable that his property could be served without having to pump. All the above protested inclusion or inclusion until pertinent details of any improvements are made available. Mr. Horstkotte, General Manager-Chief Engineer, stated that District Annexation 24 consists of 7 Parcels in various locations, and all the pro- tests received were from a concentrated area in Parcel 7. Mr. Horstkotte stated that, upon annexation and formation of a Local Improvement District, engineering could proceed to determine detailed cost estimate and definite costs could not be determined until after bids have been received. The Members of the Board answered questions and explained the procedures for annexation and formation of a Local Improvement District in order to obtain sewers. They explained the District plans a large Local Improvement District each year and it is more economical to participate with the large Local Improvement District. After discussion, the following withdrew their protests: Hallmeyer Taylor James M. Holm The remaining protests are all in a fringe area of Parcel 7 of District Annexation 24. It was moved by Member Allan, seconded by Member Mitchell, that the protests in Parcel 7 of District Annexation 24 be referred to the staff to determine if a logical boundary can be established for their exclusion, and the Hearing as to Parcel 7 of District Annexation 24 be continued. to April l7, 1969. Carried by the following vote: Oil 03 ~,Q '..' .,:_~ ().-' _"....1 AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None There were no protests for Parcels 1 through 6 of District Annexation 24. President Gibbs closed the Hearing re Parcels 1 through 6 of District Annexation 24. RESOLUTION NO. 1930, A RESOLUTION ORDERING THE ANNEXATION OF TERRITORY CONTAINED IN DISTRICT ANNEXATION 24 (PARCELS 1 THROUGH 6) TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT It was moved by Member Mitchell, seconded by Member Allan, that Resolution No. 1930 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None V. BIDS None. VI. OLD BUSINESS LOCAL IMPROVEMENT DISTRICT NO. SO President Gibbs asked Mr. Horstkotte, Engineer for Local Improvement District No. SO, to report to the Board Members the present status of Local Improvement District No. SO relative to the petition filed at the previous meeting. Mr. Horstkotte reported that the petition filed with 43 parts and 881 signatures was checked for improved property owners entitled to vote, and it was found that there were 7l3 valid signatures with 697 needed to call for the election relative to issuing bonds to cover the assessment. Mr. Horstkotte stated that the District Board had the alternative of calling an election or using the 19l1 Improvement Act or the 19l3-lS Acts. Mr. Horstkotte suggested that the District Board take action to start proceedings under the 19l1 Act to run concurrently with the election so that the District would be in a strong position in appearing before the Water Pollution Control Board at its hearing on the Cease and Desist Order on April 23, 1969. Mr. Bohn, Counsel for the District, stated that in his opinion the District should first proceed with the election and take up the alternate options later. Mr. Laster, representing Mr. Wilson, Counsel for Local Improvement District No. 50, stated that he had checked with the Election Department, and the earliest date for an election would be sometime in June. It was moved by Member Boneysteele, seconded by Member Allan, that Counsel for Local Improvement District No. SO be authorized to proceed in setting up an election and election date for Local Improvement District No. SO in accordance with petition filed at the meeting of March 27, 1969, and since verified to be valid, and to prepare the necessary Resolutions. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None President Gibbs directed that the District staff request the contractors and HUD to extend their commitments for a period of 90 days until after the election. The Board Members discussed with District Counsel and Local Improvement District Counsel the procedures if the 19l1-l9l3-l9lS Acts were to be used. 04 03 69 II.. .' Mr. Dernetz, Assistant City Manager of Martinez, stated that he had attended the meeting to observe. When questioned by the Members of the Board, he stated that the City had determined to take unilateral action to detach from the District and presently was going to wait for the outcome of the election before proceeding further. He stated that if the bonds fail the City will seek detachment. Mr. Dernetz stated that the City had updated all reports used in its determinations prior to election to annex, and, when questioned by the Board Members as to the economics of going alone or with the District, he stated that over a twenty-year period it would be a standoff as to continuation of the present District plan. Continued to April 17, 1969. VII. NEW BUSINESS CHANGES IN COUNTY RETIREMENT Mr. Horstkotte, General Manager-Chief Engineer, presented a letter from the County relative to change in the retirement system. Retirement compulsory at age 65 - now 70 - and increased costs for certain ages with increase in retirement benefits. Mr. Horstkotte stated that the Employees' Association voted 53 to 2 to approve the changes. It was moved by Member Allan, seconded by Member Boneysteele, that the District notify the County that it approves of the County retirement system changes as proposed. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None LETTER FROM THE AMERICAN PUBLIC WORKS ASSOCIATION RESEARCH FOUNDATION Mr. Horstkotte, General Manager-Chief Engineer, presented a letter stating that the American Public Works Association would initiate a research project on infiltration of ground and surface waters into sanitary and combined sewers if sufficient interest is shown. Estimated project cost Public agencies share Funds expected from Federal Water Pollution Control Administration $l18,636 29,659 88,977 District share 975 No action. CLAIM FOR DAMAGES, R. C. DUNLOP, 20 NORMANDY LANE, ORINDA, $958.85 Mr. Horstkotte, General Manager-Chief Engineer, presented a claim from Mr. Dunlop as the result of sewer backup and overflow, and stated it was the staff recommendation to pay; It was moved by Member Boneysteele, seconded by Member Rustigian, that the claim of Mr. R. C. Dunlop in the sum of $958.85, the result of , sewer backup and overflow, be paid after receipt of signed Release in Full Settlement and Compromise. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None 04 03 69 1 ;.. ~iATTERS FROM THE FLOOR WAGE SCALES Member Rustigian reported on a recent decision that Districts should pay the same scale as published in wage scale specifications. This occurred in San Jose. VIII. REPORTS COMMITTEES BUDGET COMMITTEE President Gibbs appointed Members Boneysteele and Allan as the Committee for the 1969-70 Budget. GENERAL MANAGER-CHIEF ENGINEER EXPENSE RE CALIFORNIA SANITARY AND SANITATION DISTRICTS ASSOCIATION EXECUTIVE COMMITTEE MEETING IN SACRAMENTO Mr. Horstkotte, General Manager-Chief Engineer, requested expenses for Member Mitchell, $25.00, Member Boneysteele, $60.00, Mr. Bohn, Counsel for the District, $60.00, and himself, $60.00, plus transportation, to attend the California Sanitary and Sanitation Districts Association Executive Committee meeting in Sacramento April II and l2, 1969. It was moved by Member Allan, seconded by Member Boneysteele, that expenses be approved for Member Boneysteele, $60.00, Member Mitchell, $25.00, Mr. Bohn, $60.00, and Mr. Horstkotte, $60.00, plus transportation, to attend the California Sanitary and Sanitation Districts Association Executive Committee meeting in Sacramento, April 11 and l2, 1969. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchellt Allan and Gibbs None None EXPENSE RE CALIFORNIA WATER POLLUTION CONTROL ASSOCIATION MEETING IN ANAHEIM Mr. Horstkotte requested expenses for Mr. Dalton to attend the California Water Pollution Control Association meeting in Anaheim May 7,8, 9 and 10, 1969, in the amount of $120.00 plus registration fee and transportation. It was moved by Member Allan, seconded by Member Mitchell, that $l20.00 plus registration fee and transportation be authorized for Mr. Dalton to attend the California Water Pollution Control Association meeting in Anaheim May 7, 8, 9 and 10,1969. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None AGREEMENT RELATING TO REAL PROPERTY, ERNEST H. EWAN, GAVIN W. TEFS Mr. Horstkotte presented standard District agreement relative to building over sewer easement, stating the staff recommends approval. It was moved by Member Boneysteele, seconded by Member Mitchell, that the President and Secretary be authorized to execute the Agreement Relating to Real Property dated April 3, 1969, with Ernest H. Ewan and Gavin W. Tefs. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None 04 f) :;:} ~ ~, Iro '\.>' ""~' .., ~,~ t'~ '\,;, "" ? '~-' ,;~, RESOLUTION NO. 1931, A RESOLUTION INITIATING ANNEXATION PROCEEDINGS, DISTRICT ANNEXATION 28, PARCELS 1 AND 2 It was moved by Member Rustigian, seconded by Member Allan, that Resolution No. 1931 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None WATERSHED 24 SOUTH CHARGES Mr. Horstkotte presented a memorandum re changing Watershed charges in Watershed 24 South (Martinez and District accounts) from $100.00 to $150.00 per living unit. After discussion, it was moved by Member Mitchell, seconded by Member Allan, that Watershed 24 South (Martinez and District accounts) charges shall be $150.00 per living unit. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None COUNSEL FOR THE DISTRICT None. IX. ADJOURNMENT At lO:SO o'clock P.M., the meeting was adjourned by President Gibbs to April l7, 1969. // "'19- ,"', C/ riðL-~Z-~-c, /)., - - N') President of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: I ') ì { .,. ",/' ~~~,'4-/A ecretary of thè District Board of the Centr Contra Costa Sanitary District of Contra Costa County, State of California 04 03 69