HomeMy WebLinkAboutBOARD MINUTES 12-03-70
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MINUTES OF A REGULAR MEETING
OF THE DISTRICT BOARD
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD DECEMBER 3, 1970
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
December 3, 1970, at 8:00 o'clock P.M.
The meeting was called to order by President Gibbs.
1.
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 meeting of November 19, 1970, be approved after making the
following change:
Under "VIII. REPORTS, GENERAL MANAGER-CHIEF ENGINEER, TOUR OF BECHTEL
PROJECT", the third paragraph shall read as follows:
"Board Members suggested that the full Board of Supervisors and Super-
visor elect be invited."
Motion changing Minutes carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
III.
APPROVAL OF EXPENDITURES
It was moved by Member Mitchell, seconded by Member Boneysteele, that
the expenditures, as reviewed by the Expenditure Committee and as submitted
by the General Manager-Chief Engineer, be approved, reference being speci-
fically made to Sewer Construction Vouchers Numbers 880 to 920, inclusive,
Running Expense Vouchers Numbers 11976 to 12096, inclusive, Payroll Vouchers
Numbers 4951 to 5052, inclusive, and LID 50 Construction Fund Voucher Number
101. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
IV.
HEARINGS
LAKE ORINDA HIGHLANDS AREA ANNEXATION (DISTRICT ANNEXATION 34)
President Gibbs opened the Hearing on Lake Orinda Highlands Area An-
nexation (District Annexation 34), and stated the Board Members had re-
ceived copies of the written protests.
He explained that the proposed annexation was initiated by the County
of Contra Costa on request of the County Health Officer, and the Local
Agency Formation Commission asked the District to conduct a Hearing.
President Gibbs introduced Dr. Glen W. Kent, County Health Officer,
who explained the background for requesting the District to hold a
Hearing and the sewage disposal problems in the area.
President Gibbs asked Mr. Horstkotte, General Manager-Chief Engineer,
to summarize the written protests.
Mr. Horstkotte read abstracts from the action taken by the County
Board of Supervisors and the County Local Agency Formation Commission
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whose Resolution designated the Central Contra Costa Sanitary District as
the conducting district for the proceedings for the annexation of Lake Orinda
Highlands Area.
Mr. Horstkotte stated over 60 written protests have been received which
have been categorized into essentially three classifications and that one of
each of these classifications would be read as being representatived the
group.
He explained the protests in Group 1 relate to the obvious increase in
the taxes that would result in annexation to the District and, similarly,
the benefit developers adjacent to and included within the annexed property
would receive, and read Mr. Arthur A. Pennebaker's protest letter.
Other written protests in Group 1 were received from: Daniel H. Muir,
Jess L. Long, Robert J. Sciutto, Michael Hansen, J. R. Long, John and Ruth
Cassady, Melva Byrne, Patrick Byrne, Mrs. Barbara J. Clark, James W. and
Dianne Fristnom, Kenneth C. and J. Joanne Herr, Leo and Rose Brewer,
Lawrence B. Karp, Donna J. Pintini (already in the District), John D.
and Nancy M. Van Dyne, Mrs. Elisabeth N. Barrie, William E. Rowley, Gordon
and Joan Peat Alderton and Mrs. Leslie F. Zerkle.
Mr. Horstkotte explained that the protests in Group 2 consisted of
what might be termed general protests and that nOne of the properties
has water service. He read the protest letter received from Glenn S. and
Helen L. Seaborg.
Other written protests in Group 2 were received from: Blanche Brody,
Burton Brody, G. E. Simmons, M. A. Simmons, Gerald A. Mancus, Gipson C.
Simmons, Emilio Sergre, John N. and Naomi E. Frampton, Blake Lee and
Helen N. Spahr, Zelma Parker, H. Ausenbaum, William A. and Louise Rililand,
Helen Strickley, John T. and JoAnne M. Lyman, Mrs. Jack Mansell, Milton H.
and Maybelle J. Annett, Melvin J. Drake, Marjorie and Leonard Roth, Mary D.
McKee, Mrs. Jean E. Rees, John L. Hampton, Sherman R. Farrell, Robert A.
and Helen A. Kilpatrick, Carl Kolbeck, G. Alan Schuyler, Thomas F. and
Dolores M. Callahan, John P. and Annette M. Cheney, George W. Hauer,
Robert I. and Ruth A. Crupe, Ernest M. Figley, Lucy H. Henderson, Melvin
Martin, Frank A. Brush, Suzanne and Lowell W. Scheer, Julie Anne G. and
Robert K. Todd, Charles B. Harris, Charles W. and Grace B. Hanks, Albert
Millar, Grabe Smith, Mrs. Ruth M. Foster and Howard and Evelyn Knight.
Mr. Horstkotte presented a general protest petition containing 116
signatures, some of the signers of which had also sent individual protests
and some others were either already in the District or were not within the
boundaries of the proposed annexation.
Mr. Horstkotte explained that Group 3 was composed of protests received
from six property owners already in the District and a generally informative
letter from Hacienda Homes, Inc. written On behalf of the homeowners. He
read the protest letter received from Mrs. Barbara J. Logan.
Other written protests in Group 3 were received from: Leo Porter,
Richard G. Leech, H. B. and Sophie S. McFarland, L. T. Orpin and Mr. and
Mrs. K. H. Freeman.
A wall map was used by Mr. Horstkotte to indicate the locations of those
protesting and those who petitioned for annexation.
President Gibbs asked for any oral protests.
Mr. Gino F. Banducci said he protested the annexation.
Mrs. Wensloff, who favors sewers, discussed with Board Members and the
staff various alternatives for obtaining sewers for her and some others'
properties.
She was assured that the District staff would work with her towards solving
her problem.
Mr. Horstkotte, General Manager-Chief Engineer, reported protests against
the annexation represented 72% of the assessed valuation of the area.
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After extensive discussion between members of the audience and the
Board of Directors and staff on all questions relating to the solution of
sewering and septic tank problems, and there being no additional protests,
President Gibbs closed the Hearing on Lake Orinda Highlands Area Annexation
(District Annexation 34).
RESOLUTION NO. 3024, A RESOLUTION ABANDONING ANNEXATION OF LAKE ORINDA
HIGHLANDS AREA, (DISTRICT ANNEXATION 34) DUE TO MAJORITY PROTEST
It was moved by Member Boneysteele, seconded by Member Allan, that
Resolution No. 3024 be adopted. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
The staff was directed to send certified copies of Resolution No.
3024 to the Local Agency Formation Commission and the County of Contra
Costa.
V.
BIDS
None.
VI.
OLD BUSINESS
ESTABLISHMENT OF MINIMUM USE CHARGE
Mr. Bohn, Counsel for the District, stated proposed Ordinance 72
establishing a minimum use charge had been introduced at the meeting
of November 19, 1970.
He explained a $2.00 minimum use charge would be made in certain
situations when the Engineer determines there is an unusual use but has
not determined how much the charge should be.
After discussion, it was moved by Member Mitchell, seconded by
Member Boneysteele, that Ordinance 72 be adopted.
"ORDINANCE 72
"An Ordinance adding Section 8-125 to the Code of the Central Contra
Costa Sanitary District relating to Interim Special Use Charges.
Section 1:
"Section 8-125 is hereby added to the Central Contra Costa Sanitary
District Code to read as follows:
"Pending.the establishment of a special use charge based on specific
volume or strength and subsequent to the determination of the engineer
that a connection involves one or more of the special conditions of Sec.
8-124 (A) an interim charge may be established by the engineer. Such an
interim charge shall estimate an appropriate special use charge where pos-
sible, but in no event shall be less than $2.00 per month per connection,
or per building, or per living unit, or per unit of use, whichever results
in the greater use charge.
Section 2:
Publication and Effective date.
"This Ordinance shall be a general regulation of the District rod
shall be published Once in the Contra Costa Times, a newspaper of general
circulation published and circulated in the Central Contra Costa Sanitary
District and shall be effective upon expiration of the week of publication.
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PASSED AND ADOPTED by the Board of Directors of the Central Contra
Costa Sanitary District on the 3rd day of December, 1970 by the following
vote:
"AYES:
NOES:
ABSENT:
"COUNTERSIGNED:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
/s/ Charles J. Gibbs
President of the District Board of
the Central Contra Costa Sanitary
District, State of California
/s/ Ernest K. Davis
Secretary of the District Board of
the Central Contra Costa Sanitary
District, State of California"
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
VII.
NEW BUSINESS
ACCEPTANCE OF EASEMENT FROM RICHARD J. SHOPF, LOCAL IMPROVEMENT DISTRICT
44, SCHEDULE 7, PARCEL 16 R-l
After staff explanation, it was moved by Member Allan, seconded by
Member Mitchell, that easement from Richard J. Shopf 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
RESOLUTION NO. 3025, A RESOLUTION AUTHORIZING EXECUTION OF CANAL CROSSING
AGREEMENT WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF RE-
CLAMATION, FOR JOB 1907
After staff explanation, it was moved by Member Allan, seconded by Member
Mitchell, that Resolution No. 3025 be adopted and that the $100.00 consideration
be paid to the Bureau of Reclamation, to be reimbursed to the District by the
developer of the property. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
AUTHORIZATION TO SETTLE HENRY EASEMENT PARCEL 2, LOCAL IMPROVEMENT DISTRICT
NO. 50, $2,950.00
Mr. Horstkotte, General Manager-Chief Engineer, stated it was the staff
recommendation that the Henry easement be settled for $2,950.00 as there is
severance involved and a portion of the easement may be used to accommodate
a future pumping station.
It was moved by Member Allan, seconded by Member Rustigian, that the
Henry easement Parcel 2 of Local Improvement District No. 50 be settled by
the payment to Mr. Henry of $2,950.00. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
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03
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MATTERS FROM THE FLOOR
PUBLIC ADDRESS SYSTEM
Mr. Horstkotte, General Manager-Chief Engineer, requested authorization
to install a public address system in the Board Room at a cost of approxi-
mately $250.00.
It was moved by Member Rustigian, seconded by Member Allan, that the
General Manager-Chief Engineer be authorized to order a public address
system installed in the District Board Room at an approximate cost of $250.00.
Carried by the following vote:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Boneysteele, Rustigian, Mitchell, Allan and Gibbs
None
None
TOURS OF WATER RENOVATION PROJECT
Mr. Horstkotte informed the Board Members of the Schedules for the
December 7 and 10 tours of the Bechtel Water Renovation project.
GARBAGE RATES
Member Boneysteele presented newspaper clippings which indicated the
employees of garbage collectors in the area won a generous salary settle-
ment and the collectors say they will be in line for rate increases.
He said he had set up an appointment for himself and Mr. Davis, Secretary
of the District Board, to meet with Mr. Laughead, Chief Valuation Rate Engineer
for the City of San Francisco, on December 8, to discuss garbage collection
rates.
HEARING ON REQUIREMENTS AND OPPORTUNITIES FOR REUSE OF WASTE WATERS
IN SAN FRANCISCO BAY
Member Boneysteele reported the State Water Resources Control Board
is conducting a public hearing at San Jose on December 11, 1970, on the
subject of requirements and opportunities for reuse of waste waters in
San Francisco Bay.
Mr. Horstkotte stated a staff member would be in attendance at that
meeting.
RESEARCH RE ANNEXATION PROCEDURES
Member Boneysteele asked Mr. Bohn, Counsel for the District, for the
results of his research on what District duties and responsibilities are,
if any, on annexations initiated by the County and the County Health Officer.
Mr. Bohn reviewed annexation procedures and said there are a whole series
of factors to be considered by the Board in a proposed annexation specified by
the government code, as follows:
1.
Whether the proposed annexation will be for the interest of
landowners or present or future inhabitants within the District
and within the territory proposed to be annexed to said District;
2.
Population, population density;
3.
Land area and land use;
4.
Per capita assessed valuation;
5.
Topography; natural boundaries, and drainage basins;
6.
Proximity to other populated areas;
7.
The likelihood of significant growth in the area and in adjacent
incorporated and unincorporated areas during the next 10 years;
8.
Need for organized community services;
9.
The present cost and adequacy of governmental services and
controls in the area;
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10.
Probable future needs for such services and controls;
11.
Probable effect of the proposed
annexation, or exclusion and of
action on the cost and adequacy
in the area and adjacent areas;
incorporation, formation,
alternative courses of
of services and controls
12.
The effect of the proposed action and of alternative actions,
on adjacent areas, on mutual social and economic interests
and on the local governmental structure of the county;
13.
The definitions and certainty of the boundaries of the ter-
ritory, the nonconformance of the proposed boundaries with
lines of assessment or ownership, the creation of islands or
corridors of unincorporated territory, and other similar mat-
ters affecting the proposed boundaries.
NOTICES
Member Boneysteele suggested that, in the future, notices of hearings
be sent in letter form rather than by postcards.
VI II. REPORTS
COMMITTEES
None.
GENERAL MANAGER-CHIEF ENGINEER
RESPONSE TO INVITATIONS FOR TOUR OF WATER RENOVATION PROJECT
Mr. Horstkotte, General Manager-Chief Engineer, reported receipt of 25
"Yes", 13 "No" and 1 "Maybe" in response to the 107 invitations sent out for
the tour of the water renovation project on December 10. Among those not
able to attend is Governor Reagan.
Member Mitchell requested that Mr. Harry Brooks of Rossmoor be invited.
Board Members requested they receive lists of attendees prior to Thursday
morning.
COUNSEL FOR THE DISTRICT
None.
IX.
ADJOURNMENT
At 10:30 o'clock P.M., the meeting was adjourned by President Gibbs
to December 17, 1970.
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",/(..~--...C"""-..."- ;-:--,:' -';:-/ "'"
President of th~District Board of the
Central Contra Costa Sanitary District of
Contra Costa County, State of California
COUNTERSIGNED:
ç K1,~r. ... ~
G. 'V'VVL')
Secretary of the District Board of the
Central Contra Costa Sanitary District
of Contra Costa County, State of California
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