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HomeMy WebLinkAboutBOARD MINUTES 05-01-69 ~..;, .";" MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD MAY l, 1969 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 . May 1, 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 The Minutes of the meeting of April 17, 1969, were approved as presented. 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 650 to 659, inclusive, Running Expense Vouchers Numbers 9453 to 9575, inclusive, Payroll Vouchers Numbers 3047 to 3l4l, inclusive, and LID SO Construction Fund Vouchers Numbers land 2. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None IV. HEARINGS None. V. BIDS None. EXECUTIVE SESSION President Gibbs called for an Executive Session to discuss litigation. At 8:05 o'clock P.M., Board Members adjourned to Executive Session. At 9:05 o'clock P.M., Board Members reconvened in Regular Session. VI. OLD BUSINESS LOCAL IMPROVEMENT DISTRICT NO. SO President Gibbs asked for staff report on meetings with the City of Martinez staff relative to Local Improvement District No. SO. Mr. Bohn, Counsel for the District, reported that the District staff had met with the City staff in day-long meetings in an attempt to arrive at a solution to Local Improvement District No. 50 problems that could be presented to the City Council and the District Board. He stated that the staffs worked on a substitute contract which could provide for: District to pick up sewage from Martinez at a given point and transport sewage in new line. Martinez petition for detachment with no opposition from the District before the Local Agency Formation Commission. 05 01 69 -,.,u-. ..1 Martinez would no longer be part of the District and would control its annexations and all planning in the Alhambra Creek Watershed. Reduce City's contribution from $691,000.00 to $588,000.00, and increase District's contribution to $835,000.00 from $732,000.00. Go ahead with award of contracts under 19l3-l5 Acts. New contract would provide for service charge on flow basis per million gallons, and refund of District investment. Mr. Bohn stated this was the general area of discussion, and it would take time to work out a new contract in detail. Mr. Bohn asked Mr. Waltz, Attorney for the City of Martinez, if this covered their discussions. Mr. Waltz stated that Mr. Bohn had covered the main points agreed on. Mr. Bohn stated that he and Mr. Dalton had appeared before the City Council and said he would recommend an agreement along the above lines, but could not bind the Board prior to discussion. Mr. Bohn stated the City Council voted that the proposal had merit, and authorized the staff to work out an agreement to be considered at a Special Session at 5:00 o'clock P.M. this day, and consideration of a Resolution to be presented to the District Board at this meeting. Mr. Waltz presented Resolution No. 40 - 1969 Series, along with "Letter of Intention and Understanding" dated May 1,1969, adopted at the 5:00 o'clock P.M. meeting of the City Council this day. Mr. Waltz stated the two staffs had made a sincere effort to work out differences and save the situation. President Gibbs read the Resolution and "Letter of Intention and Under- standing" to the Board Members and the audience. Mr. Waltz stated that the Resolution and "Letter of Intention and Under- standing" set forth clearly what the City is asking. All parties have under- stood time did not permit getting a detailed contract together, and reliance has been put on terms of the existing contract between the District and the City of Concord. The new contract should be on that basis. Mr. Bohn stated that the "Letter of Intention and Understanding" goes beyond a general statement, and the District Board could not be pinned down to certain details in the letter at this stage. Board Members felt the detail in the City's "Letter of Intention and Understanding" lets the District Board know where the City stands. Board Members pointed out that funds advanced by the District to help other areas are expected to be recovered over a 10-year period. They stated the long period of recovery, as suggested in the "Letter of Intention and Understanding", without interest, was not realistic. The Board Members pointed out that the City's "Letter of Intention and Understanding" did not cover City participation in the present capital invest- ment in the existing Treatment Plant and Outfall Sewer. Mr. Bohn stated that it is an impossible task at this time to pullout fragments and expect a full understanding. Mr. Bohn stated that the "Letter of Intention and Understanding" should be general in character at this stage. Mr. Waltz and Mr. Monson stated they had been in contact with Mr. Weinstein of HUD relative to the Federal grant. It was the concensus of the District Board that to go ahead there must be a complete understanding of the rights and obligations of both the City and the District. 05 01 69 :" I' It was pointed out that the suggested interceptor line to transport Bay Area sewage to the Pacific Ocean was to go through Martinez, and any contract might be cancelled by the City and connection made to the interceptor line. Mr. Bohn read a letter of intent more general than that proposed by the City. President Gibbs asked Mr. Monson, Martinez City Manager, for comment. Mr. Monson stated that the City and District staffs negotiated certain principles that should be included. After discussion with the Board Members and the City, President Gibbs asked for further comments. Mr. Sedar, of Martinez, commented. It was moved by Member Boneysteele, seconded by Member Mitchell, that the City of Martinez' Resolution No. 40 (1969 Series), along with the "Letter of Intention and Understanding", dated May l, 1969, be rejected. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None President Gibbs requested that Mr. Ernest Wilson, Attorney for Local Improvement District No. SO, proceed with Local Improvement District No. 50 under the 19l3-l5 Acts. Mr. Waltz, City Attorney of Martinez, presented Mr. Bohn with a restrain- ing order relative to awarding contracts for Local Improvement District No. SO work, which was read by Mr. Bohn. The Board Members discussed with Mr. Bohn and Mr. Wilson what further action the Board might now take. Mr. Wilson stated that the Board could adopt all necessary Resolutions to proceed under the 19l3-lS Acts, except award of contract. Board Members discussed proceeding with election relative to the 1933 Bond Act and/or proceeding under the 19l3-l5 Acts. After discussion, Mr. Wilson presented and explained the following Resolutions for adoption: RESOLUTION NO. 1936, A RESOLUTION AMENDING RESOLUTION NO. 1876, A RESOLUTION APPROVING MAP OF PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, LOCAL IMPROVEMENT DISTRICT NO. 50 It was moved by Member Mitchell, seconded by Member Allan, that Resolution No. 1936 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Member: Members: Rustigian, Mitchell, Allan and Gibbs Boneysteele None RESOLUTION NO. 1937, A RESOLUTION AMENDING RESOLUTION NO. l877, A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS, LOCAL IMPROVEMENT DISTRICT NO. SO It was moved by Member Mitchell, seconded by Member Rustigian, that Resolution No. 1937 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None 05 01 69 .. - RESOLUTION NO .l9 38, A RESOLUTION REQUESTING THAT THE COUNTY HEALTH OFFICER AND EX-OFFICIO HEALT1LOFFICER OF THE DISTRICT RECOMMEND PROCEEDINGS UNDER APPROPRIATE SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS, OR OTHER APPROPRIATE PROCEEDINGS, FOR THE CONSTRUCTION OF A SANITARY SEWAGE SYSTEM AND APPURTENANCES, AS NECESSARY AS A HEALTH MEASURE, LOCAL IMPROVEMENT DISTRICT NO. 50 It was moved by Member Mitchell, seconded by Member Rustigian, that Resolution No. 1938 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rustigian, Mitchell, Allan and Gibbs Boneysteele None Mr. Wilson read Health Officer's letter. RESOLUTION NO. 1939, A RESOLUTION DETERMINING RECEIPT OF HEALTH OFFICER'S LETTER AND THAT PROCEEDINGS ARE NECESSARY AS A HEALTH MEASURE, WITHOUT PROCEEDING UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE, LOCAL IMPROVEMENT DISTRICT NO. SO It was moved by Member Mitchell, seconded by Member Rustigian, that Resolution No. 1939 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Member: Members: Rustigian, Mitchell, Allan and Gibbs Boneysteele None "Central Contra Costa Sanitary District 1250 Springbrook Road Walnut Creek, California May 1,1969 Re: Local Improvement District No. SO Gentlemen: "I am acquainted with the sanitary sewerage project which you propose to undertake pursuant to special assessment and assessment bond proceedings, or other appropriate proceedings, for the sanitary sewer facilities referred to in your Resolution No. 1938 adopted May 1,1969, and for assessing all or a portion of the costs and expenses thereof on a district or districts shown on the proposed boundary map for the above entitled'district, attached thereto. "I recommend, as necessary as a health measure, that you undertake proceedings pursuant to appropriate special assessment and assessment bond acts of this State, or other appropriate proceedings, as you shall determine, for the construction of said improvements and for assessing or taxing the properties to be benefited thereby. This recommendation extends to such changes and modifications therein as you shall find to be proper or advisable, in the manner provided by law. "Yours respectfully, /s/ Glen W. Kent, M.D. County Health Officer and ex-officio Health Officer of the Central Contra Costa Sanitary District" VII. NEW BUSINESS ACCEPTANCE OF EASEMENT FROM CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, LOCAL IMPROVEMENT DISTRICT NO. 50, PARCEL 22 R-l It was moved by Member Allan, seconded by Member Rustigian, that easement Parcel 22 R-l, Local Improvement District No. SO, from Contra Costa County Flood Control and Water Conservation District be accepted and its recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None 05 01 69 EL PINTADO BRIDGE SEWER RELOCATION , . .,' '" Mr. Horstkotte, General Manager-Chief Engineer, explained the need to relocate line at El Pintado Bridge, Job l64l, at District cost estimated to be $3,400.00. It was moved by Member Boneysteele, seconded by Member Rustigian, that $3,400.00 be authorized from Sewer Construction funds for El Pintado Bridge, Job l64l, sewer relocation. Carried by the following vote: AYES: NOES: ABSENT: COMMITTEES None. Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None VIII. REPORTS GENERAL MANAGER-CHIEF ENGINEER AGREEMENT WITH CONTRA COSTA COUNTY FOR ASSESSMENT DISTRICT 1969-l, ROUND HILL ROAD Mr. Horstkotte, General Manager-Chief Engineer, presented an Agreement with the County for Assessment District 1969-1, Round Hill Road. Mr. Horstkotte stated that the Agreement provided for paying District fees in the amount of $l,S80.00. It was moved by Member Allan, seconded by Member Boneysteele, that the President and Secretary be authorized to execute the Agreement with Contra Costa County re Assessment District 1969-l, Round Hill Road. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None EXPENSE RE STAFF MEETING BETWEEN CITY OF MARTINEZ AND DISTRICT Mr. Horstkotte requested $50.00 expenses relative to staff meeting between the City of Martinez and the District. It was moved by Member Boneysteele, seconded by Member Rustigian, that $50.00 expenses be authorized for Mr. Horstkotte relative to staff meeting with the City of Martinez staff. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None COUNSEL FOR THE DISTRICT CITY OF MARTINEZ LITIGATION Mr. Bohn, Counsel for the District, requested authorization to act for the District in the Local Improvement District No. SO, City of Martinez litigation. It was moved by Member Mitchell, seconded by Member Allan, that Mr. Bohn be authorized to act on behalf of the District in the City of Martinez, Local Improvement District No. 50, litigation. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Rustigian, Mitchell, Allan and Gibbs None None IX. ADJOURNMENT At l2:l0 o'clock A.M., May 2, 1969, the meeting was adjourned by President Gibbs to May l5, 1969. COUNTERSIGNED: ' //" ;; þ~-~ /../) , / /Z, ;Æ..--e-/~~ " /..- ,:~-rx,-y President of thé District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California ('" ,(' .;. ';... /< /" //(jj?-. .-- se~r~ of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 05 0'1 69