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HomeMy WebLinkAboutBOARD MINUTES 05-16-68 i' MINUTES OF AN ADJOURNED REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD MAY 16, 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 May 16, 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 meetings of April 29, 1968, and May 2, 1968, were approved as presented. II 1. APPROVAL OF EXPENDITURES None. IV. HEARINGS DISTRICT ANNEXATION 21 President Gibbs opened the Hearing for District Annexation 21. Mr. Bohn, Counsel for the District, read the Local Agency Formation Commission Resolution, as follows: "RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF CONTRA COSTA, MAKING DETERMINATIONS AND APPROVING PROPOSED DISTRICT ANNEXATION NO. 21 TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT. "The Local Agency Formation Commission finds: "Resolution of application for proposed District Annexation No. 21 to the Central Contra Costa Sanitary District was filed by the district with the Executive Officer of this Local Agency Formation Commission on January 12, 1968; and "At the times and in the form and manner provided by law, said Executive Officer gave notice of public hearing by this Commission upon said application; and "The Executive Officer reviewed said application and prepared a report, including his recommendation therein, said application and report having been presented to and considered by this Commission; and "The public hearing by this Commission was opened on February 7, 1968, at the time and place specified in said notice of public hearing; the hearing was continued to and closed on March 6,1968; and the determinations made on April 3, 1968; and "At this hearing this Commission heard and considered all oral and written protests, objections and evidence presented or filed, and all persons present were given an opportunity to be heard in respect to any matter relating to said application and report. "NOH, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED that: "Section 1. The proposal is assigned the designation of "District Annexation No. 21 to the Central Contra Costa Sanitary District", and the territory proposed to be annexed is declared uninhabited. 05 16 68 ,1.L ' "Section 2. Subject to the terms and conditions hereinafter specified, said application for District Annexation No. 21 to the Central Contra Costa Sanitary District is approved. "Section 3. The Central Contra Costa Sanitary District is designated as the conducting district and proceedings for the proposed annexation shall be initiated by the Board of Directors of that District in compliance with this Resolution. "Section 4. The proposed annexation is approved subject to the following terms and conditions: "(a) Boundaries of territory proposed to be annexed are amended and are to be as described in attached Exhibit "A". "(b) Upon annexation, the territory shall be subject to all of the applicable provisions of the District Code. "Section 5. The Executive Officer is hereby directed to mail certified copies of this resol~tion in the manner and as provided in Section 56272 of the Government Code. "PASSED AND ADOPTED on April 3,1968, by the following vote: "AYES: NOES: ABSENT: Dias, Grote, Welch, Weyman, ColI None None "I hereby certify that the foregoing is a true and correct copy of a resolution passed and adopted by said commission on the date aforesaid. /s/ J. S. Connery J. S. CONNERY Executive Officer "JSC/af "cc: Clerk, Board of Supervisors Central Contra Costa Sanitary District" Mr. Horstkotte, General Manager-Chief Engineer, explained the properties the Local Agency Formation Commission excluded from the annexation. Mr. Horstkotte presented written protests from United Towing Co., Industrial Chemical Division of Allied Chemical Corporation, and Utah Con- struction & Mining Co. Mr. Gary Anderson, attorney representing Industrial Chemical Division, Allied Chemical Corporation, stated that the land proposed for annexation was not ready for development and the company did not want the added expense annexation would create. Mr. Horstkotte replied that the only expense created in annexing is the District's tax rate which applied to the assessed value of the property is not a large sum. Other District charges are paid at the time of development. Annexation fees are established at the rate applicable at the time of annexa- tion and protected against future increases which are to be expected. Board Members discussed the character of the protests along with the Local Agency Formation Commission's recommendation to annex the properties. Mr. Bohn stated that Government Code Section 56320 gave the District Board authority to annex District Annexation 21, as recommended by the Local Agency Formation Commission, or to make modification so long as it did not involve a majority protest. Board Members stated that it has been the policy of the District in the past to include properties in an annexation when they could be served and benefited. 05 16 68 i< After discussion, it was moved by Member Mitchell, seconded by Member Allan, that the District Annexation 21 Hearing be closed. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian RESOLUTION NO. 1807. A RESOLUTION ORDERING THE ANNEXATION OF TERRITORY CONTAINED IN DISTRICT ANNEXATION 21 TO CENTRAL CONTRA COSTA SANITARY DISTRICT It was moved by Member Mitchell, seconded by Member Allan, that Resolution No. 1807 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian v. BIDS None. VI. OLD BUSINESS SHELL OIL COMPANY DETACHMENT Mr. Horstkotte, General Manager-Chief Engineer, reported on the continued Hearing before the Local Agency Formation Commission on May 15,1968. Mr. Horstkotte stated that he and Mr. Bohn, Counsel for the District, appeared in behalf of the District. He also stated that Board Members had received copies of the letter dated May 9, 1968, which Mr. Bohn was instructed to write to Rosalie Benson, Mayor of the City of Martinez, relative to the detachment of Shell being in violation of the annexation agreement between the City of Martinez and the District. Mr. Horstkotte stated that the Local Agency Formation Commission staff changed its recommendation to the Commission in recommending that there be no detachment from Central Contra Costa Sanitary District. The Hearing was closed and continued to May 23, 1968, for a decision by the Commission. Mr. Horstkotte presented a letter addressed to Bartle-Wells, financial consultants to Mt. View Sanitary District, relative to their report to Mr. View Sanitary District for the $750,000.00 bond election to be held June 4, 1968. Board Members questioned whether this was interfering with others. Mr. Horstkotte stated that the District is working with the Water Pollution Control Board on area-wide sewage disposal problems and the letter was to correct certain statements in the report. VIr. NEW BUSINESS SETTLEMENT OF EASEMENT PARCEL NO.2 R-3. DISTRICT SEWERING PROJECT 1379, U. S. NAVAL WEAPONS DEPOT, CONCORD, PHILLIPS PETROLEUM CO.. OWNER Mr. Horstkotte, General Manager-Chief Engineer, stated that the easement needed from Phillips Petroleum Co. is an area of 2.056 acres. The easement can be settled for $5,636.25, arrived at as follows: Land value $7,500.00 per acre. Area lying within existing rights of way, 25% of fee value. Area not in existing right of way, 50% of fee value. 1.106 acres x $7,500.00 x 25% = $2,073.75 .95 acres x $7,500.00 x 50% 3,562.50 $5,636.25 Total Value of Easement 05 16 68 ",,', £ ' ~. Mr. Horstkotte stated that the State Highway Dept. has requested that the District move inside the property along Arnold Industrial Highway to get outside future freeway right of way. This area is .58 of an acre, and Phillips requires that, if the State does not develop the future freeway in accordance with present plans, the District must relocate at District's cost if it interferes with Phillips' use. Mr. Horstkotte stated it was the staff recommendation to settle. After discussion, it was moved by Member Mitchell, seconded by Member Boneysteele, that easement Parcel No.2 R-3, District Sewering Project 1379, be settled in the sum of $5,636.25. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian RESOLUTION NO. 1808, A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF ACCEPTANCE AND COMPLETION, LOCAL IMPROVEMENT DISTRICT NO. 47, SCHEDULE B Upon the recommendation of Mr. Horstkotte, Engineer for Local Improvement District No. 47, it was moved by Member Mitchell, seconded by Member Allan, that Resolution No. l808 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian RESOLUTION NO. 1809, A RESOLUTION MAKING MODIFICATIONS, LOCAL IMPROVEMENT DISTRICT NO. 47 ASSESSMENTS After an explanation from Mr. Horstkotte, Engineer for Local Improvement District No. 47, it was moved by Member Allan, seconded by Member Mitchell, that Resolution No. 1809 be adopted. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian 1968-69 BUDGET COMMITTEE President Gibbs appointed Members Allan and Boneysteele the Budget Committee for the 1968-69 Budget. ACCEPTANCE OF EASEMENTS It was moved by Member Allan, seconded by Member Mitchell, that easements from Robert F. Foltz, Donald L. Ensley, Henry G. Evans, Will C. Hall, Richard C. Anderson, James M. Curran, and Thomas E. Altaffer (2) be accepted and their recording ordered. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian QUITCLAIM DEED TO THOMAS E. ALTAFFER, JOB 165l, PARCELS 1 AND 2 Mr. Horstkotte, General Manager-Chief Engineer, stated that the easements have been relocated and new easements obtained. It was moved by Member Mitchell, seconded by Member Allan, that the President and Secretary be authorized to execute the Quitclaim Deed to Thomas E. Altaffer, Job 1651, Parcels 1 and 2. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: SUMMER EMPLOYMENT Boneysteele, Mitchell, Allan and Gibbs None Rustigian Mr. Horstkotte, General Manager-Chief Engineer, reported that it has always been the policy of the District to employ students during the summer vacation. 05 16 68 This year the plan is to hire twelve - 5 for Maintenance, 3 for the Treat- ment Plant, 2 for the Pump Stations, and 2 for Survey crews. Board Members discussed with Mr. Horstkotte minority group employment problems, and suggested that the District investigate what might be done to help. Board Members suggested contacting the "Youth Opportunity Program" for those who needed help in their employment problems. INVOICE OF JOHN A. BOHN RE WESTERN PIPE CASES Mr. Bohn, Counsel for the District, presented Partial Settlement Memorandum, as follows: "December 7, 1967 PARTIAL SETTLEMENT MEMORANDUM "Deposit to account of CCCSD State of California check #175066912 Due to Law Offices, John A. Bohn Balance $123,132.39 28,757.86 $ 94,374.53 Hold in reserve account for claim of State Department of Public Works Deposit to CCCSD General Fund Total $ 23,132.39 71,242.14 $ 94,374.53 "May 16,1968 PARTIAL SETTLEMENT MEMORANDUM "Balance in Reserve Account 12/7/67 $ 23,132.39 Professional Services Law Office John A. Bohn Deposit in General Account, CCCSD $ 7,710.79 15,421. 60 $ 23,132.39 Balance in Reserve Account -0-" Mr. Bohn stated this completes the Western Pipe settlement, but there was the American Pipe litigation still pending. After discussion, it was moved by Member Allan, seconded by Member Mitchell, that Mr. Bohn be paid $7,710.79 as set forth in the May 16,1968, Partial Settlement Memorandum. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian CLAIM FOR DAMAGES, PADDOCK BOWL Mr. Horstkotte, General Manager-Chief Engineer, stated this was a case of a property owner calling a plumber for stoppage in a District line and not calling the District first. Plumbing bill April 28, 1968 Plumbing bill May 1,1968 $16.00 29.00 Total $45.00 Mr. Horstkotte stated that it was District policy that when a plumber is called rather than the District for trouble in a District line the allowance of claim is limited to $25.00. It was moved by Member Mitchell, seconded by Member Allan, that the Paddock Bowl claim be settled for $25.00 after receipt of signed Release in Full Settlement and Compromise. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan an~ Gibbs None Rustigian 05 16 68 ",' . rROTEST RE LOCATION OF EASEMENT rARCEL 1 OF DISTRICT SEWERING rROJECT 1638, OWNER REIKE Mr. Reike protested the easement located on his property for District Sewering Project l638. After discussing the problem with Mr. Reike, the Board Members stated they would investigate the matter in the field, and review it again at the next. meeting June 6, 1968. LINE M AND PUMP STATIONS SITE APPRAISALS Mr. Horstkotte, General Manager-Chief Engineer, requested authorization to hire a Mr. Reed to make fee appraisals for Line M and pumping sites for the City of Martinez sewer connection to the District. Mr. Horstkotte stated that Mr. Reed was presently making appraisals in the area for the County. Estimated cost of appraisals, $200.00 to $300.00. It was moved by Member Boneysteele, seconded by Member Mitchell, that Mr. Reed be hired to make appraisals for Line M and pumping sites for the City of Martinez sewer connection to the District Treatment Plant. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Member: Boneysteele, Mitchell, Allan and Gibbs None Rustigian AIR CONDITIONING IN BOARD ROOM Board Members requested that the air conditioning in the Board Room be improved. VIII. REPORTS COMMITTEES None. GENERAL MANAGER-CHIEF ENGINEER 600 SCALE MAP BOOKS Mr. Horstkotte, General Manager-Chief Engineer, presented Board Members with books of completed 600 scale maps. GARBAGE STRIKE Mr. Horstkotte reported the garbage strike had been settled. TOUR OF TREATMENT PLANT Mr. Horstkotte set Saturday, May 18, 1968, at 9:00 o'clock A.M., as the time for Members of the District Board to tour the Treatment Plant to see the new construction. LETTER TO STATE WATER POLLUTION CONTROL BOARD Mr. Horstkotte stated that he had written a letter to the State Water Pollution Control Board relative to the favorable points given to Concord under P.L. 660 Grants for Expansion and the unfavorable points given to the District. Copies of letter to be sent Board Members. COUNSEL FOR THE DISTRICT PAYMENT OF PENALTIES ON SEWER USE CHARGE ACCOUNT 139-WC Mr. Bohn, Counset for the District, stated that the District Board, at the time of the Hearing July 20,1967, to place delinquent sewer use charges on the 1967-68 tax roll, agreed to waive penalties for sewer use charge Account l39-WC for Mr. Robert S. Misrash, owner. 05 16 68 '" , -"- ' Mr. Misrash was a new owner and had no knowledge of the service charge until he received the delinquent notice. Mr. Bohn stated that Mr. Misrash did not contact his office so the amount of the panelties to be waived could be worked out before delinquent amounts along with penalties were collected on the tax roll. Mr. Bohn stated the amount has now been determined to be $169.79, and, since this sum was collected on the tax roll, Mr. Bohn requested this amount be paid by District warrant. It was moved by Member Allan, seconded by Member Mitchell, that payment be made to the owner of sewer use charge Account l39-WC in the sum of $169.79 for penalties waived. Carried by the following vote: AYES: Members: Boneysteele, Mitchell, Allan and Gibbs NOES: Members: None ABSENT: Member: Rustigian IX. ADJOURNMENT At 10:25 o'clock P.M., the meeting was adjourned by President Gibbs to June 6, 1968. /£(, ß~ Þ' ,/ rI æ~i!, &.---, ~~ ~ ~resident of t~ District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED: '¿ ---"//, .",) //" :/ " /' - "É' ¿ç~ . é;' ~- A"~-" ~cretary of the District Board of the Cent~ntra Costa Sanitary District of Contra Costa County, State of California 05 16 Ç.Q '",' <",.,c.