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HomeMy WebLinkAboutBOARD MINUTES 04-29-68 .:: ~ JL. MINUTES OF AN ADJOURNED REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD APRIL 29, 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 29,1968, 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 The Minutes of the meeting of April 18,1968, were approved as presented. II 1. APPROVAL OF EXPENDITURES None. IV. HEARINGS None. V. BIDS None. V1. OLD BUSINESS SHELL OIL COMPANY DETACHMENT Mr. Horstkotte, General Manager-Chief Engineer, presented the Local Agency Formation Commission Agenda for May 1,1968, at which time the Commission was to consider the Shell Oil Company Reorganization (300 acres) by detachment of approximately 225 acres from Central Contra Costa Sanitary District and 75 acres from Mt. View Sanitary District. The Local Agency Formation Commission staff report and recommendation to the Commission was as follows: "Shell Oil Company Reorganization (300 acres) by detachment of approxi- mately 225 acres from the Central Contra Costa Sanitary District and approxi- mately 75 acres from the Mt. View Sanitary District is legally uninhabited. The reason for the proposal is that the company contends that neither district provides any meaningful benefit to the plant property. "The areas here proposed to be detached constitute approximately three per cent of the assessed valuation of the Central Contra Costa Sanitary District and sixty per cent of the Mt. View Sanitary District. It is obvious from these figures that the impact of such detachment could be relatively negligible on Central Sanitary and heavy on Mt. View, but the Central Sanitary tax has not yet been imposed on Shell (first tax year 1969-1970), and Mt. View has benefited from the Shell tax only this year (1967-1968). It is true that neither district currently renders any meaningful service to the plant area, but it is also true that neither district deliberately sought Shell's assessed valuation. In the case of Central Sanitary, a portion of Shell within the City of Martinez was annexed to that district when the city voted itself into the district. In the case of Mt. View, the company built a large plant addition on formerly unimproved land within the district boundaries. "While the company proposal has merit, and in staff opinion should be recognized, it should be noted that the detachments will create financial problems for the districts. The annexation of the City of Martinez (in- cluding a portion of Shell) to Central Sanitary was subject to certain contract 04 29 63 ì.. conditions for which Shell should remain liable, along with that plant portion share of current district bonded indebtedness. As to Mt. View Sanitary, assum- ing that detachment is successful reasonably soon, the proposed district bond issue is undoubtedly clouded. There is a small remaining bond debt. "On June 4, 1968, the City of Martinez will vote on the issue of the city annexing to the Contra Costa County Fire Protection District. If that election is successful, a portion of Shell within the city will go into that district. The company contends that it has adequate plant fire protection, which indicates that the company may probably seek that district detachment in the future. "If these issues (proposed Mt. View Sanitary bonds and present proposed Shell detachments) had not been raised at this time, your staff had hoped that a probable future proposal could be made whereby, assuming a successful city fire annexation election, Shell would detach from all sanitary and fire districts and annex a proportionate amount (assessed valuation) of the plant area into the City of Martinez. Such a reorganization would, in staff opinion, tremen- dously enhance the local governmental structure, financial and otherwise, in the area at little or no additional property tax cost to Shell at that time. "Recommendation: Approval with the conditions that the detached areas remain liable for their proportionate shares of current bond debt of both districts, and in addition the Central Sanitary territorial detachment remain subject to its financial share of the contract provisions of the City of Martinez annexation to that district." Mr. Horstkotte stated that the staff, along with Mr. Bohn, Counsel for the District, met this day with Shell Oil Company officers to review the problem. Mr. Horstkotte stated that the staff listened to what they had to say but did not go along with their thinking in their desire to proceed with detachment from the District. Board Members stated that, if detachment is permitted, it would set a bad precedent and would not be in the best interest of the District. Mr. Monson, City Manager of the City of Martinez, who was present and interested in the problem, stated that the Local Agency Formation Commission was created to make decisions for the public, and decides on what is beneficial to the whole area. Board Members stated that the tax base is supported by industry, and Shell has a broad responsibility to the public; to single out the District is not fair. Mr. Horstkotte read a rough draft of the District's position in the matter. After discussion and suggested changes, the statement was approved. Board Members stated that they had to act in the best interest of the District, which they considered to be a strong stand against detachment. After discussion, it was moved by Member Mitchell, seconded by Member Allan, that the District act to vigorously oppose detachment with the strongest arguments possible. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian Board Members stated that Shell should be informed that the District is ready to provide service for both its domestic and compatible industrial wastes. It was moved by Member Boneysteele, seconded by Member Allan, that Mr. Bohn, Counsel for the District, and Member Mitchell be authorized to protest the Shell Oil Company detachment before the Local Agency Formation Commission at the hearing May 1, 1968. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian 04 29 68 . ... JL, WAGNER RANCH SCHOOL Mr. Horstkotte, General Manager-Chief Engineer, stated that he had supplemented the previous letter of agreement to the School District with another letter for clarification of the section which the Board Members had suggested be made more understandable. This letter met with the approval of the Board Members. 1967-68 AUDIT Mr. Horstkotte, General Manager-Chief Engineer, stated that he had made an investigation, as directed by the District Board, for a Certified Public Accountant to make the 1967-68 Audit and Report. He stated that he had received figures from two firms. Robert A. Elmore and M. David Olson submitted a figure of $15.00 per hour, with a maximum of $1,800.00 Mr. J. S. Plourde submitted a figure of $1,000.00. Mr. Horstkotte stated that of those he had discussed the Audit with, Mr. Plourde, he felt, had the best qualifications and was well recommended. Mr. Horstkotte recommended that Mr. Plourde be retained to make the 1967-68 Audit and Report for $1,000.00. After discussion, it was moved by Member Mitchell, seconded by Member Allan, that Mr. J. S. Plourde, C.P.A., be retained to make the 1967-68 Audit and Report for $1,000.00. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian VIr. NEW BUSINESS CONDEMNATION OF EASEMENT PARCEL 2, DISTRICT SEWERING PROJECT 1652, RELIEZ STATION ROAD, LAFAYETTE Mr. Horstkotte, General Manager-Chief Engineer, stated that the staff was unable to come to an agreement with Mr. Haines, owner of easement Parcel 2 of District Sewering Project 1652. Members of the District Board discussed the easement problem with Mr. Haines and the District staff. Mr. Haines was informed that the work is to start soon and, if agreement is not reached, it would be necessary to obtain the easement by condemnation. RESOLUTION NO. 1806, A RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION, CONSTRUCTION AND COMPLE- TION OF CERTAIN PUBLIC IMPROVEMENTS AND AUTHORIZING THE FILING OF CONDEM- NATION PROCEEDINGS After discussion, it was moved by Member Mitchell, seconded by Member Boneysteele, that Resolution No. 1806 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian ACCEPTANCE OF EASEMENT FROM EDITH C. BAGOT It was moved by Member Mitchell, seconded by Member Boneysteele, that the easement from Edith C. Bagot be accepted and its recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian 04 29 68 :it VIII. REPORTS COMMITTEES None. GENERAL MANAGER-CHIEF ENGINEER GARBAGE STRIKE Mr. Horstkotte presented a letter from C. B. Sharp of Brookwood Road, Orinda, owner of a large apartment house, requesting that an effort be made to settle the garbage strike. Letter was referred to Mr. Bohn, Counsel for the District. CONTRACTOR'S REQUEST FOR EXTENSION OF TIME ON TREATMENT PLANT ENLARGEMENT - 1967 CONTRACT Mr. Horstkotte stated that C. Norman Peterson Company had requested an extension of time to complete the work at the Treatment Plant. Mr. Horstkotte reviewed the causes for delay beyond the control of the C. Norman Peterson Company. He recommended granting an extension to July 1, 1968. After discussion, it was moved by Member Allan, seconded by Member Mitchell, that C. Norman Peterson Company be granted an extension of time for completion of the Treatment Plant Enlargement - 1967 work until July 1, 1968. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian COUNSEL FOR THE DISTRICT None. IX. ADJOURNMENT At 10:25 o'clock P.M., the meeting was adjourned by President Gibbs to May 2, 1968. ..-'"\ // . / -- ~.,. # ~~ /. //i~~ ' ,/.. . - .~ L ' , ,,/ President of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: ì /,( J. ~" ,> Sg.cr~tary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 04 29 68