HomeMy WebLinkAboutBOARD MINUTES 05-08-69
MINUTES OF A SPECIAL MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD MAY 8, 1969
The District Board of Central Contra Costa Sanitary District convened in
a Special Session at its regular place of meeting located at 1250 Springbrook
Road, Walnut Creek, County of Contra Costa, State of California, on May 8,
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 Boneysteele, seconded by Member Rustigian, that
the Minutes of the May 1, 1969, meeting be approved subject to the following
change:
Under "VI. OLD BUSINESS, LOCAL IMPROVEMENT DISTRICT NO. SO", the follow-
ing paragraph shall be changed as underlined:
"Board Members felt the detail in the City's 'Letter of Intention and
Understanding' lets the District Board know where the City stands."
Motion changing Minutes carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
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 9:00 o'clock P.M., Board Members reconvened to Special Session.
III.
LOCAL IMPROVEMENT DISTRICT NO. 50
President Gibbs stated that this Special Meeting was called at the request
of Member Mitchell. He asked Member Mitchell to report.
Member Mitchell stated the meeting was called relative to the restrain-
ing order and the Martinez contract itself. Also to determine if there was
any merit to de-annexation and a service contract.
He stated that, upon investigation, there were some real problems such
as:
Recovery of District funds;
Financing projects;
Short term costs prohibitive to City;
Service charge would be unreasonable; and
District staff not in position to quote
figures on service contract.
Mr. Horstkotte, General Manager-Chief Engineer, stated that it would take
considerable study, and questioned whether an economic formula for a service
contract could be worked out.
President Gibbs discussed the possibility of an arrangement for the original
plan between the City and the District with the District giving the City assur-
ances of its intent to carry out the terms of the contract, particularly as
related to annexations.
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69
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It was moved by Member Mitchell, seconded byM:ember Allan, that in refer-
ence to the properties'described in paragraph 3 of the Contract dated September
13, 1967, "Agreement Relating to the City of Martinez Annexation to the Central
Contra Costa Sanitary District", the District will, as a matter of policy, not
hereafter provide service to any property which would obtain such service through
the system tributary to the former City plant and system unless the property to
be served has become annexed to the City of Martinez. Carried by the following
vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
Board Members discussed with Mr. Wilson, Bond Counsel, the petition to
call for election under the 1933 Bond Act.
Mr. Wilson explained that the 1933 Bond proceeding presented the most
economical method of assessing and providing for payment.
He stated that to proceed with the election would not now be in the best
interests of the District.
He stated the engineering report is done to go with the 19l3-l5 procedures.
It was the majority expression of the District Board that an election on
the 1933 Act Revenue Bonds could not be legally used for any course of action
other than the question of issuance of the Bonds.
Mr. Wilson presented and explained the following Resolution:
RESOLUTION NO. 1940, A RESOLUTION RESCINDING RESOLUTION OF INTENTION NO.
1920 (A RESOLUTION OF INTENTION TO ISSUE REVENUE BONDS, ETC.), LOCAL
IMPROVEMENT DISTRICT NO. SO
It was moved by Member Allan, seconded by Member Mitchell, that Resolution
No. 1940 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Rustigian, Mitchell, Allan and Gibbs
Boneysteele
None
Mr. Wilson stated that, with reasonable modifications only, the 1933 Bond
Act proceeding could be reinstated if the situation warranted.
Mr. Wilson presented and explained the following Resolution:
.
RESOLUTION NO. 1941, A RESOLUTION OF PRELIMINARY APPROVAL OFaENGINEER'S
REPORT, LOCAL IMPROVEMENT DISTRICT NO. 50
Mr. Horstkotte, Engineer for Local Improvement District No. 50, reviewed
plans, specifications and estimated project cost.
At 10:10 o'clock P.M., President Gibbs called for an Executive Session
to discuss litigation.
0
At lO:2S o'clock P.M., the Board reconvened to Special Session.
It was moved by Member Rustigian, seconded by Member Allan, that Resolu-
tion No. 1941 be adopted. Carried by the following vote:
<'
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
Board Members discussed with Mr. Waltz, City Attorney for Martinez, the
rebate procedures relative to funds to be recovered by the Citý under the
1913-15 Act proceedings.
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IV., ADJOURNMENT
At 10:40 o'clock P.M., the meeting was adjourned by President Gibbs to
May lS, 1969.
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President of the District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
COUNTERSIGNED:
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"Secretary of the District Board of the
Ceñt~Contra Costa Sanitary District of
Contra CCffita County, State of California
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