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HomeMy WebLinkAboutBOARD MINUTES 04-18-68 ~š; n, MINUTES OF AN ADJOURNED REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD APRIL 18, 1968 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 April 18,1968, at 8:00 o'clock P.M. The meeting was called to order by President Gibbs. 1. ROLL CALL PRESENT: Members: Boneysteele, Mitchell, Allan and Gibbs ABSENT: Member: Rustigian II. APPROVAL OF MINUTES It was moved by Member Mitchell, seconded by Member Allan, that the Minutes of the April 4, 1968, meeting be approved subject to the following changes: Under "VI. shall read: OLD BUSINESS, WAGNER RANCH SCHOOL", the first paragraph "Mr. Horstkotte, General Manager-Chief Engineer, stated that he had met with the Orinda Union School District officials and had come to an agreement for them to proceed to install a sewer for their needs with no participation by the District for larger facilities to provide for the watershed area." And under "VIII. REPORTS, COUNSEL FOR THE DISTRICT, SPECIFICATIONS FOR RECLAIMED WATER", the only paragraph shall read: "Member Allan reported that the specifications for reclaimed water were completed by the State Health Department and now going to the State Board £f Health. II Motion changing Minutes carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian III. APPROVAL OF EXPENDITURES None. IV. HEARINGS None. V. BIDS None. V1. OLD BUSINESS WAGNER RANCH SCHOOL Mr. Horstkotte, General Manager-Chief Engineer, stated that he had sent each Board Member a memorandum dated April 11,1968, and a copy of a letter of agreement addressed to the School District relative to sewer service and charges for the Wagner Ranch School in Watershed 3. After discussion, it was suggested by the Board Members that the staff reword the last sentence in section four of the letter to make it more under- standable, and resubmit it at the next meeting. Continued to April 29,1968. '04 18 68 i;' VII. NEW BUSINESS GARBAGE STRIKE President Gibbs stated that each Board Member had received a memorandum along with information pertinent to the garbage strike. This information was discussed with Mr. Horstkotte, General Manager-Chief Engineer. RESOLUTION NO. 1802, A RESOLUTION APPOINTING JAY ALLEN CHEW, PERMANENT-INTER- MITTENT JUNIOR DRAFTSMAN Mr. Horstkotte, General Manager-Chief Engineer, stated this appointment was a replacement. It was moved by Member Allan, seconded by Member Mitchell, that Resolution No. 1802 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian RESOLUTION NO. 1803, A RESOLUTION OF APPLICATION FOR DISTRICT ANNEXATION NO. 23 Mr. Horstkotte, General Manager-Chief Engineer, stated this was a 100% petition for annexation. It was moved by Member Mitchell, seconded by Member Allan, that Resolution No. 1803 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian RESOLUTION NO. 1804, A RESOLUTION OF APPLICATION FOR DISTRICT ANNEXATION NO. 24 Mr. Horstkotte, General Manager-Chief Engineer, stated this was not a 100% petition for annexation. After discussion, it was moved by Member Mitchell, seconded by Member Boneysteele, that Resolution No. 1804 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian SHELL OIL COMPANY DETACHMENT President Gibbs asked Mr. Horstkotte, General Manager-Chief Engineer, to explain. Mr. Horstkotte stated that the Shell Oil Company had made application to the Local Agency Formation Commission for detachment from the District and from the Mt. View Sanitary District under the reorganization act. Hearing date May 1, 1968. Mr. Horstkotte stated that the Shell Oil Company property was annexed to the District earlier this year, being a part of the City of Martinez annexation, and he felt Shell Oil was remiss in not advising the District as to its desires at any of the Hearings held prior to the annexation. Mr. Horstkotte stated that the District negotiated with the City of Martinez in good faith, and the Shell Oil Company's assessed valuation was a substantial proportion of the total assessed value. Mr. Horstkotte stated that Shell Oil Company is obligated for District bond service tax rate and the City of Martinez bond service assumed by the District, as well as contractural obligations for an Assessment District to be formed to pay their share of construction costs. 04 18 68 Î, -" ,. The Shell Oil Company's request for withdrawal from the District was discussed with: Dana Murdock, Attorney Jack Maye, Public Relations W. Saunders, Plant Superintendent Mr. Murdock stated Shell Oil Company was aware of the obligations to the District. Mr. Murdock stated that Shell Oil Company has been in the District only a short time, but has been in Mt. View Sanitary District since 1929. For years, the Shell Oil Company's taxes to Mt. View were not noticeable, but now amount to 60% of Mt. View's total taxes, and Mt. View is proposing a $750,000 bond issue. Mr. Murdock stated that Shell Oil Company looked into detachment from the District and Mt. View at this time so Mt. View will know on what they are operating. The plan was to go before the Local Agency Formation Commission for approval or disapproval and, if approved, before the Board of Supervisors for a final determination. Mr. Saunders, Plant Superintendent, and Mr. Murdock, Attorney, stated that Shell Oil Company has invested large amounts of capital on their disposal problems and kept the burden off the City of Martinez and Mt. View Sanitary District. Mr. Saunders stated that Shell Oil Company received a limited amount of service in relation to its tax bill. On being questioned, Mr. Saunders stated Shell Oil Company had no intention of withdrawing from any other districts to which they are paying taxes. Members of the District Board stated that Shell Oil Company was not living up to its obligations to the whole community when withdrawal was requested. Board Members pointed out that public utilities are taxed large sums to support many districts from which they receive very limited service or none at all. Also, many property owners pay taxes to the istrict and have for years, without direct benefit. Board Members pointed out that the District is of general benefit to those in the area whether served or not. Mr. Bohn, Counsel for the District, stated that he had addressed a letter to Shell Oil Company, dated this day, which he read to the District Board, pointing out some of the effects detachment would have on the community. Upon approval of the District Board, the letter was given to Mr. Murdock. Mr. Murdock stated that Shell Oil Company was considering all possibilities and what the Board Members have said tonight has a lot of merit. Mr. Horstkotte stated that the purpose of the meeting tonight was to have some discussion with the District Board prior to the staff's meeting with the Shell Oil Company people on the detachment problem. After discussion, it was agreed the Shell Oil Company people and the District staff along with Mr. Bohn, Counsel for the District, would meet during the day on April 29, 1968, for discussions, and the District Board would meet for report and guidance to the staff relative to the Local Agency Formation Commission hearing on May 1, 1968. EXPENSES FOR ATTENDANCE AT EXECUTIVE COMMITTEE MEETING OF CALIFORNIA SANITARY AND SANITATION DISTRICTS ASSOCIATION AT SACRAMENTO APRIL 19 AND 20, 1968 Mr. Horstkotte, General Manager-Chief Engineer, requested $60.00 each for expenses for himself and Mr. Bohn, Counsel for the District. It was moved by Member Allan, seconded by Member Mitchell, that $60.00 each be authorized for expenses for Mr. Horstkotte and Mr. Bohn for attendance o~ J.. u' Qð ~; . . at the Executive Committee meeting of the California Sanitary and Sanitation Districts Association at Sacramento on April 19 and 20,1968. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian LAST DAY FOR ASSESSMENT PAYMENTS FOR LOCAL IMPROVEMENT DISTRICT NO. 47 Mr. Horstkotte stated Mr. Ernest Wilson set May 10,1968, as the last day for assessment payments for Local Improvement District No. 47 which is 30 days after filing the assessment with the Engineer for Local Improvement District No. 47, as required by law. He stated that, by the time the notices are mailed, the time will be limited in which to make payment and, for better public relations, suggested May 30, 1968. It was moved by Member Allan, seconded by Member Mitchell, that May 30, 1968, be set for the last day for assessment payments in Local Improvement District No. 47. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian LAST DAY FOR ASSESSMENT PAYMENTS FOR LOCAL IMPROVEMENT DISTRICT NO. 49 Mr. Horstkotte stated Mr. Ernest Wilson set May 10,1968, as the last day for assessment payments for Local Improvement District No. 49 which is 30 days after filing the assessment with the Engineer for Local Improvement District No. 49, as required by law. He stated that, by the time the notices are mailed, the time will be limited in which to make payment and, for better public relations, suggested May 30, 1968. It was moved by Member Allan, seconded by Member Mitchell, that May 30, 1968, be set for the last day for assessment payments in Local Improvement District No. 49. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian RESOLUTION NO. 1805, A RESOLUTION SETTING THE HEARING DATE MAY 16, 1968, FOR DISTRICT ANNEXATION NO. 21 It was moved by Member Boneysteele, seconded by Member Allan, that Resolution No. 1805 be adopted. Carried by the following vote: AYES: NOES: ABSENT: COMMITTEES None. Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian VIII. REPORTS GENERAL MANAGER-CHIEF ENGINEER WORK AT TREATMENT PLANT Mr. Horstkotte, General Manager-Chief Engineer, reported that the work at the Treatment Plant was going well, and suggested that the Board Members take a tour of the Plant in the near future. AUTHORIZATION FOR DISTRICT COSTS FOR WORK IN CAMINO DIABLO, WALNUT CREEK Mr. Horstkotte requested $1,000.00 authorization to engineer sewer line for Camino Diablo, Walnut Creek, in order to have the work in prior to Bay Area Rapid Transit District work; 100% of District expense to be recovered by rebate. ~J -, h After discussion, it was moved by Member Allan, seconded by Member Mitchell, that $1,000.00 be authorized from Sewer Construction funds for engineering for District Sewering Project 1654, Camino Diablo, Walnut Creek. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian TEMPORARY TRANSFER OF FUNDS Mr. Horstkotte requested authorization to temporarily transfer $300,000 from Sewer Construction funds to Running Expense funds to provide for Local Improvement District expenditures until assessment bonds are sold, at which time funds will be returned. It was moved by Member Allan, seconded by Member Boneysteele, that $300,000 be temporarily transferred from Sewer Construction funds to Running Expense funds to provide for Local Improvement District expenditures and, when assessment bonds are sold, funds are to be returned. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian LETTER TO CITY COUNCIL OF CONCORD Mr. Horstkotte read a letter addressed to the City Council of Concord for President Gibbs' signature, relative to providing capacity in the District system for their future needs. Letter was approved and signed by President Gibbs. COUNSEL FOR THE DISTRICT SETTLEMENT OF CLIFFORD'S RESTAURANT AND LAUNDROMAT LITIGATION Mr. Bohn, Counsel for the District, reported that the Clifford's Restaurant and Laundromat litigation relative to the $7,260.00 connection charge has arrived at a settlement stage. A settlement has been proposed on the following basis: 1. Clifford to pay 10% of the laundromat connection charge ($700.00), and go on a service charge. 2. Due to the laundromat's doing less business than would be normally expected, the water flow is at a lower than anticipated level. It is proposed that the monthly service charge, based on the present water usage, be reduced by one-half, or $35.00 per month (one-half of 1%). The service charge to be adjusted annually and related to the consumption of water. 3. $640.00 to be paid the District for back service charges based on the $35.00 per month rate. 4. Fixture charges, other than for the laundromat, in the sum of $260.00, are to be paid in full. 5. To eliminate the monthly service charge, the 90% balance of the $7,000.00 original connection charge relating to the laundromat in the amount of $6,300.00 shall be paid. After discussion, it was moved by Member Mitchell, seconded by Member Allan, that the foregoing proposed settlement of the Clifford's Restaurant and Laundromat on Mt. Diablo Blvd., Walnut Creek, litigation, be approved. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian " ,-' 1.. SETTLEMENT OF CONDEMNATION FOR EASEMENT PARCEL 1, DISTRICT SEWERING PROJECT 1630 Mr. Bohn reported that the condemnation action for easement Parcell, District Sewering Project 1630, can be settled for $350.00, and it was his recommendation to settle. After discussion, it was moved by Member Boneysteele, seconded by Member Mitchell, that easement Parcell, District Sewering Project 1630, be settled for $350.00. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian IX. ADJOURNMENT At 10:10 o'clock P.M., the meeting was adjourned by President Gibbs to April 29, 1968. //.-;ç;~~.¿;~~ ~- . President of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: -" '-. ---. ) ~..., '/ . .' /:. ".~\"""L ,,"~.'- ~~ ¿:--- Secre ry of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 04 18 68