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HomeMy WebLinkAboutBOARD MINUTES 05-26-66 5 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE DISTRICT BOARD CENTRAL CONTRA COSTA SANITARY DISTRICT HELD MAY 26,1966 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 26,1966, at 7:15 o'clock P.M. The meeting was called to order by President Mitchell. 1. ROLL CALL PRESENT: Members: Gibbs, Rustigian, Allan, Roemer and Mitchell ABSENT: Members: None II. APPROVAL OF MINUTES The Minutes of the meeting of May 19, 1966, were approved as presented. IlL APPROVAL OF EXPENDITURES None. IV. BIDS None. COMPLETION OF WORK IN LOCAL IMPROVEMENT DISTRICT NO. 44, SCHEDULES 5,6 AND 7. AND LOCAL IMPROVEMENT DISTRICT NO. 45. SCHEDULE 2 Continued to June 2,1966. V. HEARINGS MARTINEZ ANNEXATION Mr. Bohn, Counsel for the District, stated that the Board Members had received a list of twelve individual protests at the District office. Mr. Bohn also presented a protest petition with 705 names of which, he stated, the majority were not valid having been signed before the proceedings had commenced. Mr. Bohn read the heading under which the petitions had been signed. Mr. Bohn suggested that the invalid signers be given time in which to sign a valid petition. After discussion, President Mitchell stated that it appeared the Members of the Board were agreeable to giving an extension of time for the invalid signers on the pettions to re-sign a valid petition. No new signatures would be valid. At 7:35 o'clock P.M., the meeting was recessed to reconvene at the City of Martinez Council Chambers at 8:00 o'clock P.M. At 8:00 o'clock P.M., President Mitchell reconvened the meeting at the City of Martinez Council Chambers and asked for Roll Call. PRESENT: Members: Gibbs, Rustigian, Allan, Roemer and Mitchell ABSENT: Members: None President Mitchell asked the audience for any further written protests. President Mitchell stated the first order of business would be the reading of the Resolution adopted by the Local Agency Formation Commission. 05 26 66 6 Mr. Bohn, Counsel for the District, read the Resolution. President Mitchell then explained to the audience the action taken to date to annex the City of Martinez and provide sewer service from Central Contra Costa Sanitary District. President Mitchell stated the City and District had arrived at an agree- ment which was requested by the City of Martinez. He explained that the City Council had adopted a Resolution requesting annexation to CCCSD which was acted on and approved by the Local Agency Forma- tion Commission, and on May 5, 1966, the District adopted a Resolution proposing to annex the City of Martinez and approving the terms of the agreement. President Mitchell explained this would put the City of Martinez on an equal 'footing with the District. He explained the District has had a declining tax rate for a long period of time--continued and reasonable financing by the District--expected Federal funds to help original City of Martinez connection to the District system-- District to guarantee $1,000,000 with 30% to 50% of construction costs derived from Federal funds. He explained annexations and obtaining of capital funds from annexation charges, watershed charges and connection fees which the District has built up to a large reserve which acts as a revolving fund for the extension of sewers and enlargement of treating facilities without resorting to bond financing. He explained the District has built up an efficient organization with an engineering department in a better position to serve the central County within its defined service area. He explained the financing of local sewers by assessment districts, sub- division installations and rebate lines. The District Board has endeavored to arrive at equity for everyone and an equal hearing before the District Board. President Mitchell then stated the meeting was open for questions. Mr. William Taylor stated that certain lines in the City were not large enough for additional service. President Mitchell answered there would be no more direct costs for present users. Mr. Taylor asked about the value of the City's plant. President Mitchell stated the sewers are not income-producing and the City treatment plant would become a pumping station. He further explained the estimated cost of the project was $1,400,000 with $1,000,000 maximum from CCCSD and the balance expected in a Federal grant. Mr. Taylor asked about the City indebtedness. President Mitchell stated that the City indebtedness for treating facilities would be incorporated with the District's indebtedness. The question was asked about connecting the City system to the District which was answered by Mr. Horstkotte, District Manager-Engineer. Mrs. Froland questioned the District Board about Federal financing, the source of District revenue, the present City plant, the taxpayers having a voice in the decision, and how the District recovers funds. President Mitchell answered Mrs. Froland's questions. Mr. Kenneth Prosser asked what caused the inadequacy of the City's treatment plant--home owners or industrial. Mr. Horstkotte, District Manager-Engineer, answered Mr. Prosser. 05 26 66 7 Mr. Prosser stated that in taking in the City the District would acquire a lot of industrial land. President Mitchell stated this worked for the benefit of the City and the District. Mr. Prosser asked about annexing to the District without annexing to the City, where lines are common to both except where prohibited by law. Mr. Bohn, Counsel for the District, stated that the agreement between the City and the District provides for annexation to both to receive sewer service, where lines are common to both except where prohibited by law. Mrs. Marjorie Ball (?) stated they had extended sewers and had a rebate agreement with the City. Mr. Bohn, Counsel for the District, stated that this obligation would be assumed by the District. Mr. Taylor asked about the capacity and requirements of the District. Mr. Horstkotte, District Manager-Engineer, explained the planned expansion schedules for the District. Mr. A. G. Price stated that he was also across the street from Mt. View Sanitary District and asked if the boundaries could be adjusted. He was instructed to take it up with the staff. Mr. Price asked what effect future Board changes would have. Mr. Bohn, Counsel for the District, stated that the contract between the City and the District was a binding agreement. Mr. Sedar questioned the low connection charge for the City of Martinez and the higher rates in the District and asked why the City could not adopt District charges and go ahead on its own. President Mitchell stated it was a matter for the City to solve its sewer problems. Mr. DeLaFontaine asked if the City could not increase City facilities and get funds back the same way as the District and apply for Federal funds. President Mitchell stated this would be up to the City Council. He pointed out the initial high cost to the City, stating the Board not look with favor on taking on added responsibility but it is felt the can do a more economical job for the City. The District is in a strong financial condition which has been built up over a period of years. did District Mayor Costanza stated that the City of Martinez started from a small town that is growing. The City Council had made a thorough study, appointed a Citizens' Committee, and all agreed unanimously that the contract with the District was the best solution to the City of Martinez sewer problems. He pointed out that without annexation to CCCSD a bond issue for the City is necessary. He stated that the State is after higher quality effluent and the cities are getting away from small plants and into large ones. He stated more property would be needed for a plant site and the proposed new State college, if located in the Martinez area, could better be taken care of by the District. President Mitchell asked for remarks from proponents. Representatives from two groups that were already in the District as well as the City favored the annexation to avoid the present double taxation. 0. ::. \;'. '"...' ç'~ ,'- /,. }..~" ~V t;6 8 Mr. Ray Chapot, Chairman of the Citizens Committee, stated they were unanimous in their opinion that joining CCCSD was a good program and best for the City and that the Administration and Council were driving to do something to get the story straight to the citizens. Mr. Torn McMorrow of the County Health Department read a letter dated March 17, 1966, to the City, recommending annexation to the District. Mr. Sedar related the proposed annexation to the Carrollo engineering report obtained by the City. Mr. Bill Horne of the Contra Costa County Taxpayers' Association stated they have recommended consolidation of all facilities in central Contra Costa, and stated they have examined all figures and feel annexation of the City to the District to be the best solution. Mr. Taylor asked if the Board could make a decision to hold an election. President Mitchell stated it could, and also by petition. President Mitchell stated that if the District calls for an election the District must pay the expenses. If there are sufficient protests, then the District must call an election in which case the City pays the expenses. President Mitchell stated the District Board is not anticipating calling an election. President Mitchell stated the District follows strict legal procedures in that protests must be dated from May 5,1966, to the start of this meeting at 8:00 o'clock P.M. He stated that many signatures did not fall within this time limit. He stated the Board had discussed this at a meeting called to order at the District office just prior to this Hearing and would allow one week for those who had signed petitions not within the time required to re-sign; no new signers to be allowed. It was moved by Member Gibbs, seconded by Member Rustigian, that the District would hold open for one week the time for those who have already signed petitions protesting annexation of the City to the District to allow re-signing. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Rustigian, Allan, Roemer and Mitchell None None Mr. Sedar read letters relative to time for signatures, one in particular from the District Attorney's office stating no time limits were specified in the law. Mr. Sedar, Mr. DeLaFontaine and Mr. Kellogg protested that one week was not sufficient time. After discussion, it was moved by Member Gibbs, seconded by Member Rustigian, that the District allow 30 days, or until June 27, 1966, for those who signed petitions protesting annexation of the City to the District to re-sign, and the Hearing as to protests be closed and the annexation Hearing be continued to June 30, 1966. Carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Gibbs, Rustigian, Allan, Roemer and Mitchell None None V1. ADJOURNMENT At 11:05 o'clock P.M., the meeting was adjourned by President Mitchell to June 2, 1966. COUNTERSIGN~ --,~:::::^~:; , . 7 -;:-< ,.:...-:-~"-~ ry of the District Boar 0 t e Central Contra Costa Sanitary District of Contra Costa County, State of California fi , l'~¡ President Í the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California 05 26 66