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HomeMy WebLinkAboutBOARD MINUTES 09-29-49 123 MINUTES OF AN ADJOU~D MEETING OF THE DISTRICT BOARD OF CENTRAL CONTRA COSTA SANITARY DISTRICT HELD SEPT~¡BER 29. 1949 The Distriot Board of Central Contra Costa Sanitary Distriot convened in adjourned session at its regular place of meeting at 1822 Mt. Diablo Boulevard, in the.City of Walnut Creek, County of Contra Costa, State of California, at the hour of 8:00 o'clock p.m. The meeting was called following roll was called: PRESENT: . Members Johnson, ABSENT: lvlembers - None to order by President Wadsworth and the Smitten, Tolend,Weill and Wadsworth READING OF MINUTES OF PREVIOUS MEETING The Secretary read the Minutes of the previous meeting, and . they were approved as entered. CONTINUATION OF HEARING ON ASSESSMENTS LOCAL D1PROVEMENT DISTRICT NO.1 President Wadsworth remarked that during the interim since Sept- ember IS, the Board had reviewed the land to be assessed, and had recommended changes in the assessment roll. Approximately eighteen parcels had been reduced, and the basic unit had been raised to $242. Member Toland, seconded by .Member Weill, moved the adoption of the following resolution: RESOLUTION NO. 513 CONFIRMING PROCEEDINGS AND ASSESS}iENT LOCAL IMPROVEMENT DISTRICT NO.1 WHEREAS the District Engineer of Central Contra Costa Sanitary Distriot of Contra Costa County, state of California, filed with the Seoretaryof said Distriot, on August 22nd, 1949, an Assessment, together with a Diagram and Engineer's Certificate attached thereto, to represent the costs and expenses of constructing sanitary sewers and appurtenances pursuant to Resolution of Intention No.)66, adopted by the Distriot Board of said Sanitary Distriot on September 23,1948, and in that portion of said Distriot described therein as Local Im- provement District No. I, to which Resolution of Intention reference is hereby made for a description of said work and improvement and the district to be assessed for the costs and expenses thereof, and for all other purposes; and t~EREAS said Secretary gave due notice, as required by law, of the filing of ss.id Assessment, and that Thursday, the 15th day of September, 1949, at 8:00 o'clock, p.m. on said day, and the meeting place of said Distriot Board at 1822 Mt. Diablo Boulevard, in the City of Walnut Creek, in said County, had been duly fixed as the time and place for the hearing on said Assessment; and ~~EREA5 said Distriot Board held such hearing at the time and place so fixed therefor, and then and. there, and at continuances of said hearing regula.rly had, reoei ved evidence, oral and documentary upon said work done, and upon said Assessment, and Diagram and 09 29 4, , 124 Engineer's Certificate attached thereto, and also then and there considered all appeals theretofore filed pursuant to law with said Board by persons interested in said work and said Assessment; WHEREAS said District Board has examined said diagram and assessment and has directed its District Engineer to change said diagram in the following manner: Thetthe assessment lots on said diagram represented there- in and on said assessment as No. 1-34-6, being a portion of Lots 35; 36 and 37 of Graoeland Walnut Home Sites, be changed because of a subdivision of said assessment lot so as to show two (2) assessment lots, one thereof being a portion of said Lot 36 and a portion of said Lot 37 represented by assessment No. 1-34-6, and the other assessment lot to be a portion of said Lot 35 and a portion of se.id,Lot 36 represented by assessment No. 1-34-34, and to reapportion the assessments on the lots shown on said diagram as so corrected; and and wliEREAS said District Engineer has corrected said diagram; WHEREAS said District Board has examined said aSsessment and directed its Distriot Engineer to modify and reapportion the assessments as to all lots shown on said diagram as so corrected; NOW, THEFEFORE, IT IS HEREBY RESOLVED AND DETERMINED by said Di strict Board th8.t 8.11 act s and determinations of said Di strict Engineer relative to said work done pursuant to said Resolution of Intention be and the same are hereby approved, ratified and confirmed, and saj,.d District Board does hereby approve, ratif.y and confirm said diagram as so changed and corrected and said assessment as so modified, changed and corrected. PASSED AND ADOPTED by the Distriot Board of Central Contra Costa Sanitary Distriot of Contra Costa County, State of Calif- ornia, this 29th day of September, 1949, by the following called vote: AYES: NÖE S: ABSENT: Members Johnson, Smitten, Toland, Weill and Wadsworth Members - None Members - None Isl Neill C. Cornwall, Secretary. . Is/ R. E. Wadsworth, President of the District Board of Central Contra Costa Sanitary Distriot SEWER CONNECTION FEE FOR CHRISTIAN SCIENCE ---SOCIETY PROPERTY IN ORINDA It was moved by Member Johnson, seconded by Member Smitten, and unanimously carried that the Board accept the Manager's recommendation that the sewer connection fee for the Christian Science property in Orinda be fixed at $400. SEWER CONNECTION FEE FOR OUR SAVIORIS LUTHE~l!.J~HURCH IN LAFAYETTE- It was moved by Member Johnson, seconded by Member Smitten and unanimously carried that a fee of $250 be fixed for conneo- tion of the plumbing of Our Savior's Luthera,n Church in Ls.fayette to a leteral of Looal'Improvement District No.3 .lying within an e~sement on their property. APPROVAL OF SUBCONTRACT FOR ROAD WORK LOCAL IMPROVEMENT DISTRICT NO. 10 The Secretary r~ad the following lett.er from As socia ted Electrioal and Mechanical Company: 09 29 49 12~5 II Cent rs.l ContraCos ta Bani te,ry Distriot 1822 Mt. Diablo Boulevard Walnut Creek, California Septembgr 28, 1949 : .i, <, .' Attention J. Mason Re: Central Contra Costa Sanitary Dist. #10 Gentlemen: This is to advise you that we have entered into a contract with J. R. & M. E. Luoas Construction Company to pave Monte Vista,' Martson Roads and Clearmont Avenue, according to county specifica- tions and for the approval of the Contra Costa Sanitary District. Yours very truly Associe,ted Eleotrical & Mechanical Co /s/ Barry Hilp, Jr. II It was moved by Member Smitten, seconded by Member Toland and unanimously carried that the Board approve the subcontracting of road work in accordance with letter of September 28, 1949 from Assoois.ted Eleotrioa1 and. Mechanical Company. REPAIRS TO DIKE AND LOWERING BYPASS CHANNEL AT THE OXIDATION PONDS OF THE SEWAGE TREATMENT PLANT The Manager reported to the Board that damage had been caused to the dike at Pond 5 at the Sewage Treatment Plant, and that the bypass channel must be lowered to .prevent further damage by flood- ing. The workætimated to cost $2000. . It was moved by Member Johnson, seconded by Member Smitten that the work be done at a cost not to exceed $2000 and that the. Manager be given authority to enter into a contract with Martin Bros. Inc., to do the work.. Cprried by the following vote: AYES: NOES: Members Johnson, Smitten and Wadsworth Members Toland and Weill VACATION AND SICK LEAVE REGULATION Member Weill, seconded by Member Toland, moved the adoption of the following resolution: RESOLUTION NO. 514 BE IT RESOLVED that the following regulations shall apply to the granting of vacations and sick leave to the employees of Central Contra Costa Sanitary District, and further that previous regula- tions adopted therefor are hereby cancelled: . I. VACATIONS. All employees of the District whose salary i8 paid monthly and who have been continuously employed by the District for at least six months shall be entitled to annual vacations with pay as follows: (1) Vacation leave may be accumulated at the rate of one and one-fourth (1 1/4) calendar day.s for each completed calendar month of service, subJect to the following conditions: No employee shall- beenti tIed to _Such vacation '.leave or reeelvecompensatipn,therefòr,until þe.has completed six (6) months of continuous service with the District. ( 8.) (b) No accrual of vacation l~ave shall be permitted in excess of thirty (30) calendar days. 09 29 49 126 II. SICK LEAVE All employees of the District shall be entitled to sick leave with pay as follows: (1) One working day's sick leave with pay for each calendar month of continuous servioe. (2 ) In the event an employee does not use the full amount of sick leave allowed in any calendar year, the amount not taken may be accumulated from year to year to a total not exceeding sixty (60) calendar days. Compensation for days off due to illness of the employee shall be paid on the following conditions: (1) For two (2) successive days or less, upon the state- ment of the employee that his absence was due to his illness. (2 ) Far more than two (2) successive days, upon the written certification of a physician that the absence of the employee was due to his illness. PASSED AND ADOPTED by the Distriot Board of Central Contra Costa Sanitary District of Contra Costa County, State of Calif- ornia, this 29th day of September, 1949, by the following called vote: AYES: NOES: ABSENT: Members Johnson, Smitten, Toland, Weill and Wadsworth Members - None' Members - None 151 Neill C. Cornwall Secretary. /sl R. E. Wadsworth, President of the District Board of Central Contra Costa Sanitary Distriot. AUTHORIZATION FOR COMPENSATION TO SEWER INSP ECTORS ' ,/-, The Board granted the Manager's request that !h~...D!.SimthlY compensation for Sewer Inspeotors be set at $300/for tñe first 90 days of satisfactory employment, and $~ per month thereafter. 'hi, f ,.~~S,oo PAYMENT OF INCIDENTAL EXPENSES FOR LOCAL IMPROVEMENT DISTRICT NO.7 It was moved by Member Smitten, seconded by Member Toland, and unanimously carried, that $11,154.57 received from Clyde C. Kennedy, said sum representing the incidental expenses incurred to August 31,1949 on Looal Improvement Distriot No.7, the following amounts, as approved by the Distriot Manager, be dis- bursed from said sum for such incidental expenses as follows: $4,765.17 to Clyde C. Kennedy for engineering services rendered to August 31, 1949 for Local Improvement Distriot No. 7. $ 537.88 for legal services rendered to August 31,1949 for Local Improvement District N°.7 to be paid pursuant to contract as follows: W. H. Brailsford, Jr. R. W. Harrison $268.94 $268.94 $6,851.52' the balance of said sum advanced for incidental ex- penses to be deposited to the credit of the Running Expense Fund of Central Contra Costa Sanitary Dist- riot to reimburse said funà for monies heretofor~ advanced for incidental expenses incurred by the Sanitary Distriot for Local Improvement District No.7. 09 29 49' 127 AUTHORIZING CONDEMNATION OF EASElvlENTS OVER REAL PROPERTY LOCATED IN LOCAL I}ŒROVEMENT DISTRICT NO. 14 Member Smitten, seconded by Member Weill, moved the adoption of the following resolution: RESOLUTION NO. 515 vrnEREAS the Distriot Board of the Central Contra Costa Sani- tary Distriot has heretofore approved plans and specifications prepared by its District Engineer for the construction, under the provisions of the Improvement Aot of 1911, of a collecting lateral sanitary sewer system in the area more particularly described in Resolution of Intention No. 470, (Local Improvement District No. 14), adopted by this Board June 23, 1949, and pro- poses to award a contract for the construction of said sanitary sewer in accordance with said plans and specifications; NOW, THEREFORE, BE IT RESOLVED and this Board does hereby find and determine that the public interest, convenience and necessity require the a.cquisition, construction and completion by this District of said collecting leteral sanitary sewer system, as set forth in said plans and specifications and that easements over the parcels of real property hereinafter described are neo- essary for the construotingJ laying and maintaining of sewer pipes therein in said sanitary sewer system, in accordance with said plans and specifications. Said easements are more particularly described as follows: Perpetual and temporary easements to be used by said Sanitary District for the purpose of constructing, laying, maintaining and operating sewer pipes therin and thereupon, together with appurt- enances and appliances and with the right of ingress thereto and egress therefrom over the following described parcels of real property, located in the County of Contra Costa, State of Calif- ornia, described as follows: PARCEL NO. 12 That parcel of land in the County of Contra Costa, StAte of Calif- ornia, described as follows: Portion of Lot 46, as designated on the map entitled "Moraga Estates, Contra Costa County, California ", which map was filed in the office of the Recorder of the County of Contra Costa, State of California, on November 2, .1936 in Volume 22 of Maps, at page 627, described as follows: A strip of land 5 feet in width, the center line of which is de- scribed as follows: Beginning on the east line of. Moraga Highway, distant thereon southerly, along the acr of a curve to the right with a radius of 756.25 feet, 36.43 feet from the northwest corner of said Lot 46; thence from said goint of beginning south 720 09' east, 40.38 feet; thence north 67 26' east, 84.55 feet to the east line of the parcel of land described in the deed f:'om Neal W. Hoãgkin, et ux, to George O. Warner, et ux, dated Maroh 22, 1946 and recorded Maroh 28, 1946 in Volume 898 of Official Records, at page 216, distant thereon south 160 58' 30" eRst, 70.91 feet from the most northerly corner thereof. The easterly terminus of said strip is the east line of said Warner parcel (898 OR 216) and the westerly terminus thereof, is the east line of Moraga Highway. PARCEL NO. 78 That parcel of land in the County of Contra Costa, State of California, described as follows: The northwest five feet (right angle measurement) of ~ot 151, as designated on the map entitled "Noraga Estates, Contra Costa County, California", which map was filed in the office of the Reoorder of the County of Contra Costa, State of California, on November 2, 1936 in Volume 22 of Maps, at page 627. 09 29 49 128 PARCEL NO. 84 That parcel of land in the County of Contra Costa, State of California, described as follows: Portion of Section 3, Township 1 South, Range 3 West, Mount Diablo Base and Merid- . ian, described as follows: The east 5 feet (right angle measurement) of' the parcel of land described in the deed from Broadmoor Improvement Co. to L. V. Wp,ymire, et ux, dated October 11, 1940 and recorded Oct- ober 24, 1940 in Volume 554 of Official Records, at page 489. ' BE IT FURTHER RESOLVED that the Attorney for said District be and he is hereby authorized and directed to commence and maintain actions and proceedings of eminent domain ,in the Superior Court of the State of California. in and for the County of Contra ,Costa, for the purpose of condemning and acquiring said easements over, upon and through said herein- above described parcels of real property for the uses and purposes aforesaid. BE IT FURTHER RESOLVED, and said Bos,rd does hereby find and determine, that the reasonable value of the, above-described easements proposed to be taken are as follows: Parcel 12, ONE HUNDRED TWENTY-FIVE AND NO/IOOTHS DOLLARS ($125.00 ) Parcel 78. TEN AND NO/IOOTHS DOLLARS ($10.00) Pa,rcel 84, TEN AND NO/IOOTHS DOLLARS ($10.00) and the President and Secretary are hereby authorized and dir- ected to execute warrants, one for each of such amounts, payable to the County Clerk of the County of Contra Costa, to be depos- ited as security to the owners for the value of each easement herein proposed to be condemned. PASSED AND ADOPTED by the District Board of Central Contra Costa Sanitary Distriot of Contra Costa County, State of Calif- ornia, this 29th day of September, 1949, by the following oall~d vote: AYES: Memb~rs Johnson, Smitten, Toland, Weill and Wadsworth NOES: Members - None ABSENT: Members - None s/s Neill C. Cornwall Secretary. /s/ R. E. Wadsworth, President of the Distriot Board of Central Contra Costa Sanitary Distriot REPORT ON STATUS OF RIGHTS OF WAY The Attorney gave the Board a verbal report on progress made in procuring an opinion on the validity of Orders of Possession and Use. ENGI~~ERIS REPORT ON WORK PROGRESS The Resident Engineer reported on the progress of the work in the various local improvement districts. ~ ,¡', í' '~ C¡)' 2,', ,;r'~ ";J 4~ 129 LOCAL IMPROVEMENT DISTRICT NO.3 The Manager told the Board that requests had come from property owners in the Lafayette area to have the sewer lines released by Downer Corporation in order that house connections could be made by other contractors than Downer and Mr. Dannels. The Board instructed the Manager to contact Downer Corpora- tion and have them write a letter advising the District that they do not reserve exclusive Jurisdiction in the territory of Local Improvement District No.3. ADJOURNMENT There being no further business, the President adjourned the meeting to October 6, 1949, at 8:00 o'clock p.m. ~ /.,' ~ ~ "...."=- - '-;:;;'-, Presïdent of the District Board of Central Contra Costa Sanitary Distriot of Contra Costa County, State of California. / v-CA.Lt ~. ..t... """-- a" ,. 1. - Secretary of the Distriot Board of Central Contra Costa Sanitary District of Contra Costa County, State of California, 09 29 49