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HomeMy WebLinkAboutBOARD MINUTES 12-08-49 155 MINUTES OF AN ADJOURNED MEETING OF THE DISTRICT BOARD OF CENTRAL CONTRA COSTA SANITARY DISTRICT HELD DECEMBER 8, 1949 The District Board of Central Contr~ Costa Sanitary District convened in adjourned session at its regular place of meeting located at 1822 Mt. Diablo Boulevard, in the City of Walnut Creek, County of Contra Costa, State of California, at the hour of 8 o.clock p.m., on December 8, 1949. The meeting was called to order by President Wadsworth and the following roll was called: PRESENT: ABSENT: Members Johnson, Smitten, Tola.nd, Cornwall and Wadsworth Members - None. READING OF MINUTES OF PREVIOUS MEETING The Minutes of the previous meeting were read and were approved as entered. EXECUTION OF AGREEMENT FOR AUDIT It was moved by Member Cornwall, seconded by Member Johnson and unanimously carried that the President and Secretary be authorized to execute agreement ,between Hanliri, Moonie and Company and the District for audit of the District's books on a semi-annual basis. SEWER CONNECTION FEE - K. F. DEWING It was moved by Member Toland, seconded by Member Smitten, and unanimously carried, that the Board give Mr. K. F. Dewing permission to 'extend the six inch sewer Line V-3 of Local Improvement District No. 14, and to construct a flushing inlet in Orchard Road entirely at his expense, and to pay a connection fee of $60.00, to provide sewer service to the single residence site owned by him and identified as a portion of Lots l22.and 156 as shown on the map of the IISection- ization of the Rancho Laguna de los Palos Colorados.1I PATI4ENT OF $7,500 AS DISTRICT SHARE OF COST OF LOCAL IMPROVÐ1ENT DISTRICT 6 Member Smitten, seconded by Member Toland, moved the adoption of Resolution No. 520: RESULTION NO. 520 WHEREAS the District Board of Central Contra Costa Sanitary Dist- rict provided by its Resolution of Intention No. 398 relative to Local Improvement District No.6 that there shall be paid out of the Sewer Construction Fund the sum of Seven Thousand Five Hundred and, No/lOOths Dollars ($7,500.00) toward the cost and expense of the work, and improvement described in said Resolution of Intention; and WHEREAS said work and improvement has been completed by Martin B~os.; the contractor to whom the contract for sa.ieI work was duly awarded and by whom said work was done, and the Assessment for the costs and expenses therefor, as modified, was approved, ratified and confirmed by this Board by its Resolution No. 519 duly adopted on the 1st day of December, 1949; 12 08 49 156 NOW, T~~REFORE, IT IS HEREBY RESOLVED AND ORDERED that the sum of Seven Thousand Five Hundred and No/100thsDollars ($7,500.00) be forthwith paid to Martin Bros., and that the President and Secretary be and they are hereby authorized and directed to execute a warr~nt in said sum drawn on the Sewer Construction Fund of. Central Contra Costa Sanitary District and payable to Martin Bros. PASSED AND ADOPTED by said District Board of the Central Contra Costa Sanitary District, Contra Costa County, State of California, this 8th day of December, 1949. AYES: NOES: ABSENT: Members Johnson, Smitten, Toland, Cornwall and Wadsworth ~1embers - None Members - None /s/ H. M. Smitten, Secretary /s/ R. E. Wadsworth, President ACCEPTANCE OF THE MORAGA COMPANY CONTRACT Member Smitten, seconded by Member Johnson, moved the adoption of Resolution No. 521: RESOLUTION NO. 521 BE IT RESOLVED that that certain proposed contract between the Central Contra Costa Sanitary District and The Moraga Company for the construction of a trunk line sewer, together with necessary pumping facilities by the District through certain properties of The 'Moraga Company, in consideration of the payment by The Moraga Company to the District in the sum of Fifty-two Thousand Seven. Hundred Fifty and No/lOOths Dollars ($52,750.00), be and thè same is hereby approved and accepted, and the President and Secretary be and they are hereby authorized and directed to execute said Contract for and on behalf of the Central Contra Costa Sanitary District. Passed and adopted by the District Board of the-Central Contra Costa Sanitary District of Contra Costa County, State of California, this 8th day of December, 1949, by the following called vote: . AYES: NOES: ABSENT: Members Johnson, Smitten, Toland, Cornwall and Wadsworth Ivlembers - None Members - None /s/ H. M. Smitten, Secretary /s/ R. E. Wadsworth, President INCIDENTAL EXPENSES FOR LOCAL IMPROVEMENT DISTRICT No.6 It was moved by Member Smitten, seconded by Membsr Cornwall, and una.nimous1y carried, th8t $14,131.81 received from Clyde C. , Kennedy, said sum representing the incidental expenses incurred and not previously reimbursed to the Sanitary District, and the estimated ba.1ance of incidental expenses to be further incurred, e.t the date of delivery of the warrant and assessment on Local Improvement District No.6, which sum was paid to said Clyde C. Kennedy upon delivery of said warrant and assessment, be disbursed as approved by the District Manager after receipt of bills duly rendered as follows: $ 1,994.24 to Clyde C. Kennedy for engineering services as final payment pursuant to contract fòr such services; $ 414..57 for legal services for Local Improvement District No. 6 paid pursuant to contract therefor as follows: W. H. Brailsford, Jr. R. \.¡. Harrison $207.29 $207.28 .12 08 49 .$11,723.00 157 the balance of sa.id sum for incidental expenses to be deposited to the credit of the Running Expense Fund of Central Contra Costa Sanitary District to reimburse said fund for monies heretofore advanced for incidental ex- penses incurred by the Sanitary District for Local Im- provement District No.6 and for which the.Sanitary District has not previously received payment; and to pay further costs for incidental expenses for Local Improve- ment District No.6 as bills for such expenses B,re re- ceived and authorized for payment by the District Board after approval by the District Manager and audit by the Board. The President and Secretary are hereby authorized and directed to execute the necessary warrants to pay the charges above mentioned. PURCHASE OF ENGINEERING EQUIPMENT It was moved by Member Johnson, seconded by Member Cornwall, and unanimously carried that the Boer'd authorize the Manager to spend monies not in excess of $3,000 for engineering and drafting room equipment, in conformance with his memorandum of December 7, 1949. PURCHASE OF THREE CANOPY TOP TRUCKS It was moved by Member Toland, seconded by Member Johnson, and unanimously carried, that the Board authorize the Manager to purchase two Dodge trucks at the quoted price of $1453.13 each, and one Chev- rolet truck at the quoted price of $1406.90 plus California State Se.les Tax. ADDITIONAL PERSONNEL The Board instructed the Manager to employ the personnel listed in his memorandum of December 7, with the exception of the right of way 8gent. G~NTING USE OF PIPE BRIDGE TO CITY OF WALNUT CREEK The Attorney for the City of Walnut Creek requested that the Board consider granting temporary use of the pipe bridge near Lincoln Avenue to the City, for use by pedestrians during construction time of the City's bridge at Lincoln Avenue. It was moved by Member Johnson, seconded by Member Toland, and unanimously carried that the President and Secretary be given auth- ority to enter into agreement with the City of Walnut Creek when the agreement has been drafted to the satisfaction of the District's counsel, protecting the District from liability from use of the bridge. PAY}lENT OF BILLS It waS moved by Member Smitten, seconded by Member Cornwall, and unanimously carri~d that the bills as approved by the Manager and audited by the Auditing Committee be paid: va DCHER 2184 2185 2186 2lS7 2188 2189 2190 2191 2192 2193 NPJ.1E R. & D. Payne Easement J. Friedman & E. Steinweg II T. E. & E. Miles American Trust Co. G. W. Jacobsen Otis Preston Butterfield Bros. J. I. Gallagher Treasurer J. Doyle AMOUNT $ 75.00 150.00 1,211.78 439.70 6.00 45.00 60.00 45.00 804.48 15.00 II 1¡/1 thholding Fee refund Deposit .refund II II Retirement fund Deposit refund 12 08 .t1t. .j: 158 VOUCHER N k\1E AIvlOUNT 2194 H. B. Day Fee refund $ 3.00 2195 D. A. Kessler Deposi t :fIefund 15.00 2196 Johnson & Larsen II 15.00 2197 Lescure Co. II 15.00 2198 H. Robinson II 15.00 2199 A~ Ring II 30.73 2200 . D. K. Young II 15.00 ./ J2201 w. MacMillan II 180.00 2202 K. ìv. Pickrell II 15.00 2203 Mrs. James Peden II 15.00 2204 C. Nickelson II 15.00 2205 Martin Bros~ II 45.00 2206 Valley Scavenger Garbage removal 1.00 2207 Pac. Gas and E1ec. P18.nt 165.91 2208 Pac. Tel & Tel Plant 12.73 2209 Martin Bros. LID 6 7.500.00 2210 C. C. Kennedy Engineering 113.75 2211 II LID 1 1,452.92 2212 II LID 3 1,787.75 2213 II LID 4 2,499.10 2214 II LID 5 15.33 2215 II. LID 6 318.16 2216 II LID 7 2,178.63 2217 II LID 8 4,082.54 2218 II LID 10 2,921.20 2219 II LID 11 15.39 2220 II LID 12 720.24 2221 11 LID 14 2,830.34 2222 II LID 15 2,096.71 2223 II LID 16 297.44 2224 II LID 6 final 1,994.24 TERMINATION OF CONTRACT - C. C. KENNEDY Member Cornwall, seconded by Member Toland, moved the adoption of Resolution No. 522: RESOLUTION NO. 522 WHEREAS, CLYDE C. KENNEDY is employed as District Engineer by written contract dated November 29, 1946, and . .WHEREAS, it is mutually agreeable to the parties to said con- tract that said contract be terminated, effective at the close of business December 31, 1949, and the said CLYDE C. KENNEDY has agreed to deliver to the District on or before said date all records and data on the status of work performed under said contract and re- maining uncompleted on December 31, 1949, NOW, THEREFORE, BE IT RESOLVED that said contract and employ- ment be terminated, effective at the close of business December 31, 1949, and that notice of such termination of such contract and employment be given in writing by mail, postage prepaid, to .sa.id Clyde C. Kennedy, 604 Mission Street, San Francisco, Celifornia, and the. t sR.id notice be in the following form: Clyde C. Kennedy 604 Mission Street San Francisco, California Notice is hereby given of the termination of your .Contract with and employment by the Central Contra Costa Sanitary District, pursuant to that certain Contract between the Centra.! Contra Costa Sanitary District and Clyde C. Kennedy, dated' November 29, 1946. Termination of said Contract and employment is effective at the close of business December 31,1949. CENTRAL CONTFA COSTA SANITARY DISTRICT COUNTER:iIGNED: H. M. SMITTEN, Secretary of the District Board. (seal) 1 2 n 8 By R. E. Wadsworth, President of the District Board. 49 159 BE IT FURTHER RESOLVED that the President and Secretary be and they are hereby authorized and directed to execute said Notice and forward the same by registered mail to Clyde C. Kennedy, 604 Mission Street~ San Francisco, California. BE IT FURTH~R RESOLVED that a duly certified copy of this Reso- lution accompany said Notice of Termination. PASSED AND ADOPTED by the District Board of the Central Contra Costa Sanita.ry District of Contra Costa. County, State of California, this 8th day of December, 1949, by the following called vote: AYES: . NOZS:' AB SENT: Members Johnson, Smitten, Toland, Cornwall and Wadsworth Members - None Hembers - None /s/ H. M. Smitten, Secretary. /s/ R. E. Wadsworth, President of the Di str let Board of Cent ral Contra Costa Sanitary District. ACCEPTANCE OF DEED FOR RADKE PROPERTY Member Toland, seconded by Member Cornwall, moved the adoption of Resolution No. 523: RESOLUTION NO. 523 WHEREAS, the Central Contra Costa Sanitary District proposes to purchase the real property hereinafter described from Ann Radke and Lydia Kain, and before recordation the deed conveying title thereto must be accepted by the Central Contra Costa Sanitary District and the Recorder of the County of Contra Costa authorized and directed to record the same; NO~'¡, THEREFORE, BE IT RESOLVED that the deed from Ann Radke A.nd Lydia Kain, conveying title to the two (2) parcels of land herein- after described be and the same is hereby accepted and the Recorder of the County of Contra Costa be and he is hereby authorized and directed to record the same. Said real property is situated in the County of Contra Costa, State of California, described as follows: PARCEL ONE: Beginning at the northwest corner of the parcel of land described in the deed from Lennette Norton Cameron to Maude Norton Brooke and recor~ed'in Book 228 of Official Records of said County at page 297 thence South 890 38' West 55 feet to the east. line of the parcel of land described in the deed from Ann Radke' and Lydia Kain to Frederick Champion et ux and recorded in book 1394 of Official Records, of said County at page 322; thence along said east line South 00 221 East 113 feet; thence North 890 381 East 55 feet to the west line of said Brooke parcel (228 OR 297); thence along said west line North 00 221 West 113 feet to the point of beginning. PARCEL TWO: A non~exclusive right of way as an appurtenance to pprcel one above and to the. parcel of land described in the deed from Leonard L. Richa.rds, et ux, to Central Contra Costa. Sani tary District dated December 31, 1947, recorded January 21, 1948, Book 1168 OfficiB.l Records of said County, page 555, for use as a roadway for vehicles of all kinds, pedestrians and animals and as a right of way for water, gas, oil and sewer pipe lines and for telephone, elec- tric light and power lines together with the necessary poles or underground conduits to carry said lines over, under, along and across a strip of land five (5) feet in width, the west line of which is 5 feet, mea,Bured P.t right angles, west of the east line thereof and which east line is described as beginning at the south- east corner of parcel one above and running South 00 221 East 100.52 feet to the north line of Mt. Diablo Boulevard. The west line of said strip to be lengthened or shortened so as to extend from the .. . 12 08 49 ,-'" : . 160 south line of parcel one above to the north line of said Mt. Diablo Boulevard. PASSED AND ADOPTED by the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California, this 8th day of December, 1949, by the following called vote: AYES: NOES: ABSENT: Members Johnson, Smitten, To1Ð.nd, Cornwall and Wadsworth Members - None Nembe.rs - None /s/ H. M. Smitten, Secretary /s/ R. E. Wadsworth, President of the District Board of Central Contra Costa Sanit~ry District. GRANTING EASEMENT WEST OF OFFICE SITE Member Toland, seconded by Member Cornwall, moved the adoption of Resolution No. 524: RESOLUTION NO. 524 BE IT RESOLVED that the President and Secretary be and they are hereby authorized and directed to execute on behalf of the Central Contra Costa Sanitary District, a grant deid conveying an easement over certain real property to Ann Radke and Lydia. Kain, more part:_c- u1arly described as follows: Real property situated in the County of Contra Costa, state of Cal- ifornia, described as follows: A non-exclusive right of way for use as a roadwa.y for vehicles of all kinds, pedestrians and animals and as a right of way for water, gas, oil and sewer pipe lines and for telephone, electric light and power lines together with the necessary poles or underground con- ruits to carry said lines over, under, along and across a strip of land five (5) feet in width, the east line of which is 5 feet, measured at right angles, east of the west line thereof and which west line is described as beginning at a point on the west line of the. parcel of land described in the deed from Lennette Norton Cameron to Maude Norton Brooke and recorded in book 228 of Official Records of said County at page 297, distant thereon North 00 22' West 100.52 feet from the ~orth line of Mt. Diablo Boulevard; thence along said west line South 00 22' East 100.52 feet to the north line of said boulevard. The east line of said strip to be lengthened or shortened so as toextend from the north line of said boulevard to a point that bears North 890 381 East from the point of beginning for the west line of said strip. The above right of way to be appurtenant to the following described property: 1 Beginning a.t a point on the northern line of Mt. Diablo Boulevard distant thereon North 890 381 East 263.05 feet from its intersec- tion with the eastern line of Bonanza Street; thence North 00 221 West 100.52 feet; thence North 890 38' East 55 feet; thence South 00 221 East 100.52 feet to the north line of said Boulevard; thence along said north line South 890 38' West 55 feet to the point of beginning. PASSED AND ADOPTED by the District BoArd of the Centra.l Contra Costa Sanitary Distrl~t of Contra Costa County, State of Ca1ifo~nia, 112 08 49 161 this 8th de.y of December, 1949, by the following called vote: AYES: Member~ Johnson, Smitten, Toland, Cornwall and Wadsworth NOES: Members - None ABSENT: Members - None /s/ R. E. Wadsworth, President of the District Board of Central Contra Costa Sanitary Di strict /s/ H. M. Smitten, Secretary. HEARING PROTESTS AGAINST ASSESSMENT LOCAL IMPROVEMENT DISTRICT NO.12 The Secretary read letters of protest from the following prop- erty owners in Local Improvement District No. 12: Commissioners of Orinda County Fire Prot~ction District by Warren Harrold; The Ordina Association by Clarence E. Betz; Frank B. Hight; Lucille G. Dunne; S. W. Coombs; A. V. Scollard; S. L. Seemànn; Goerge A. ~1. Elvidge; Boies & Soule by W. J. Boies; W. O. Nichelmann. Mr. James Trapanese presented his Notice of Assessment with a request that his assessment be revised. . Mr. E. J. Hadden protested the condition of the roads, especially Camino Sobrante. The President of the Board continued the hearing until Thursday, December 15, 1949, in ,order to investigate the protests further. ADJOURNMENT The President adjourned the meeting to December 15, 1949 at 8:00 o'clock p.m. ~~c~7d.r~ . Secretary of the District Board of Central Contra Costa Sanitary District of Contra Costa County, State of California. /4--L. - - .~ President of the District Board of . Central Contra Costa Sanitary District of Contra Costa County, State of California. ". 12 08 49