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Home My WebLink AboutBOARD MINUTES 01-05-50 182 MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF CENTRAL CONTRA COSTA SANITARY DISTaICT HELD JANUARY 5. 1950 The District Board of Central Contra Costa Sanitary District convened in regular session at its regular place of meeting loca- ted 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., on January 5, 1950. The meeting was called to order by President Wadsworth and the following roll was called: PRESENT: ABSENT: Members Smitten, Toland, Cornwall and Wadsworth Member Johnson READING OF MINUTES OF PREVIOUS MEETING The Minutes of the previous meeting were read and approved as entered. AL~10-DANVILLE-DIABLO PROPOSED ANNEXATION The Manager informed the Board that Mr. Neil Townsend, rep- resenting the San Ramon Valley Sanitary Committee requested that the Board make. a written statement correcting the. statement in the letter of May 13, 1949 to the effect .that the sale of bonds would cover escaped taxes as well as construction of sewe~. It was moved by Member Smitten, seconded by Member Toland, that the matter rest unt il the meeting of JanuB,ry 19" to give C.ounsel time to make a study and report to the Board. Cs.rried by the following vote: AYES: NOES: ABSENT: Members Smitten, Toland, Cornwall and Wadsworth Members - None Member Johnson ACCEPTING ANNEXATION OF KAHRE PROPERTY Member Cornwall, seconded by Member Toland, moved the adop- tion o.f Resolution No. 532: RESOLUTION NO. 532 aESOLUTION AND ORDER DESCRIBING THE EXTERIOR .BOUNDARIES OF THE TERRITORY COMMONLY KNOWN AS "KAHRE PROPERTY" PROPOSED TO BE ANNEXED TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT WITHOUT AN ELECTION WHEREAS a Petition, signed by the owners of real property in the territory commonly known as "Kahre Property" proposed to be annexed to Central Contra Costa Sanitary District, which real property represents Seventy-Five per cent (75%) of the total assessed valuation of said territory as shown by the last equal- ized assessment roll of the County of Contra Costa, was presented - 01 05 50 183 to this District Board on the 5th day of January, 1950, at the hour of 8:00 o'clock p.m. of said day, at the regular place of meeting of said District Board at 1822 Mt. Diablo Boulevard, in . the City of Walnut Creek, County of Contra Costa, State of Calif- ornia, asking that said territory be annexed to said Central Contra Costa. Sa.nitary District without an election under the provisions of Article J, Part I of Division VI of the Health and Safety Code of the State of California, and an Affidavit of Publication of said Petition and of a Notice stating the time of hearing of said Pet- ition to be presented to this District Board, was filed at said time and place, and. wrŒREAS said Petition designates specifically the boundaries of the territory proposed to be annexed and its assessed valuation as shown by the last equalized assessment roll of the County of Contra Costa .and shows the amount of real property owned by each of the petitioners and its assessed valuation as shown by the last equalized assessment roll of said county, and WHEREAS said Petition states that the territory is not in any other Sanitary. Di strict and that said territory is in the same. county as said Central Contra Costa Sanitary District, is contiguous thereto, and is not within the limits of any other Sanitary District; and requests that the territory so described be annexed to this District, and WHEREAS the Petition is verified by the Affidavit of one of the petitioners, and WHEREAS no written protests against the annexation of saiã territory to said Sanitary District have been filed with this Dist- rict Board, and WHEREAS at said hearing no oral protests were made to this Dist- rict Board against the annexation of se.id territory to said Sanitary District, and WHEREAS, at the time and place fixed in said Notice for said hearing, this District Board proceeded to hear said Petition and all persons therein who appeared, and said hearing was completed at said time and place, and WHEREAS, said Petition and said Affidavit show, and after a full hearing, examination, and investigation, this District Board has found and does hereby find and declare that said Petition is duly verified by the Affidavit of one of the petitioners; that said Petition was duly published for at least two (2) weeks preceding its hearing by this District Board, together with Notice that said Petition be presented to this District Board on Thursday, the 5th day of Janue~y, 1950, at the hour of 8:00 o'c¡ock p.m. of said day, in the mèeting room of said District Board located as hereinbefore described, and that at said time and place all persons interested therein might appear and be heard, on December 8, 1949, and on Dec- ember 15, 1949, in the Walnut Kernel, a newspaper of general circu- lation, published in said District; that the Affidavit of such pub- lication has been presented to and is on file with this District Board; and . WHEREAS the petitioners have paid to Central Contra Costa Sani- tary District the sum of ELEVEN AND 45/100THS DOLLARS ($11.45), being the total taxes which the territory proposed to be annexed would have paid had said territory been a part of this Sanitary District from the date of t.he original formation thereof and for those fiscal years in which taxes were levied and collected upon property within the original Sanitary District, and the petitioners have reimbursed the Sanitary District for all expenses incurred by it in connection with this proposed annexation amounting to TWO HUNDRED AND FIFTY AND NO/IOOTHS DOLLARS ($250.00); That said petitioners are the o,.mers of land constituting Seventy- Five per cent (75%) of the total assessed valuation of the territory 01 05 50 184 proposed to be annexed, as shown by the last equalized assessment roll of the County of Contra Costa; that all of the facts set forth in said Petition are true; that all acts and conditions and things required by law. to be done precedent to the hearing of said Petition by this District Board have been done and have been performed in regular and due form in strict compliance with provisions of the law authorizing the presentation of this Pet- ition. . NOW, THEREFORE, BE IT RESOLVED AND ORDERED: \ (1) That upon the final hearing of said Petition and after a full hearing, investigation, and examination, this District Board does hereby find and determine that the annexation of the territory therein and hereafter described is for the best inter- ests of the District and said contiguous territory, (2) That upon such final hearing, this District Boa.rd does hereby find and determine that all of the territory described in said Petition will, in the ju~ent of this District Board, be benefi ted by annexation to said Sa.ni tary District. (3) That the exterior boundaries of the territory so proposed to be annexed to Central Contra Costa Sanitary District and spec- .ifically described in said Petition are hereby fixed and described as follows: That parcel of land situated in the County of Contra Costa, State of California, described as follows: Beginning at the intersection of the west line of Pleasant Hill Road with the southern line of the 1.265 acre parcel of land described in deed to Andrew H. and Irmgard E. Kahre, which deed is recorded in Volume 1402 of Official Records in the office of the Recorder of Contra Costa County, at page 207, said point of intersection being a point on the now existing boundary of Central Contra Costa Sanitary District, and running thence westerly, northerly and east- erly along the southern, western and northern boundaries of said 1.265 acre parcel to the intersection of the north- ern boundary thereof with the west line of Pleasant Hill Road which point of intersection is a point on the now existing boundary of said Sanitary District; thence south- erly along said existing boundary to the point of beginning. (4) That the President and Secretary of this District Board be and they are hereby authorized and directed to execute on the behalf of this District Board a Petition to the Board of Super- visors of the County of Contra Costa setting forth the proceed- ings heretof~re taken for the annexation of the above-described territory, the finding of this Board, and requesting the Board of Supervisors to annex the territory to the District. PASSED AND ADOPTED by the District Board of Central Contra Costa Sa~tary District of Contra Costa County, State of Calif- ornia, this 5th da.y of Janu~.ry, 1950, by the follo\ving cB.lled vote: AYES: NOES: . ABSENT: Members Smitten, Toland, Cornwall and Wadsworth Members - None Member Johnson. Isl R. E. Wadsworth, President of the District Board of Central Contra Co ste Sanit ary District. . Isl H. M. Smitten, . Secretary of the District Board of Central Contra Costa Sanitary District. 01 05 50 185 CORRECTING RESOLUTION NO. 521 ACCEPTING THE Iv! ORAGA COlvIP ANY CO NTRA C.T Member Smitten, seconded by Member Toland, moved the adoption of Resolution No. 533: RESOLUTION NO. 533 MODIFICATION OF RESOLUTION NO. 521 BE IT RESOLVED that the amount shown in Resolution No. 521, being Fifty-Two Thousand Seven Hundred Fifty and No.looths Dollars ($52,750.00), be and the same hereby is amended .to be Fifty-Two ThousaDd Seven Hundred and No/lOOths Dollars ($52,700.00). PASSED AND ADOPTED by the District Board of Central Contra Cost~ Sanitary District of Centra Costa County, State of California, this 5th day of January, 1950, by the following called vote: AYES: NOE S: ABSENT: Members Smitten, Toland, Cornwall and Wadsworth Members None Member Johnson /s/ R. E. Wadsworth, President of the District Board of Central Contra Costa Sanitary District. /s/ H. M. Smitten, Secretary ACCEPTING IvlALLETTE AND BARDEN DEEDS AS PRESENTED BY THEIR ATTORNEY . It was brought to the attention of the Board that àeeds from Gertrude E. Mallette covering Parcels 74 and 75 of Local ~provement Distric~ 10, and from Lance S. and Dorothy E. Barden, covering Par- cel 75a of Local Improvement District 10 had been redrawn by their attorney in a form at varia.nce with the District' s standard easement deed. It was moved by Member Smitten, seconded by Member Cornwall, that the Board accept the deeds from Gertrude E. Mallette and Lance S. and Dorothy E. Barden. Carried by the following vote: AYES: NOES: ABSENT: Members Smitten, Tolend, Cornwall and Wadsworth Members None Member Johnson RE EXTENSION OF SE~lER IN Ì"îORAGA . The Secretary read a letter dated December 20, 1949, from Calkins, Hall, Llnforth and Conard, Attorneys for Donald L. Rheem. and Alice G. Rheem regarding the construction of sewers in the Moraga area. It was moved by Member Smitten and seconded.by Member Cornwall that the letter be referred to the Attorney for reply. Carrieà by the following vote: AYES: NOES: ABSENT: Members Smitten, Toland, Cornwall and Wadsworth Memb~rs None Member Johnson 01 05 50 186 REí~UE3T FOR SEWER CONNECTION FROM MRS. IRÊNE JULIAN By letter received January 5, 1950, Mrs. Irene Julian asked for perini ssion to extend Line J-6 of Local Improvement District No.1 to serve her property known as the Cook property at 75 Oakvue Avenue. It was moved by Member Cornwall, seconded by Member Smitten, that the Board grant permission to Mrs. Irene Julian to extend Line J-6 of Local Improvement District No.1 to provide a connec- tion to her property located at 75 Oakvue Avenue, she to pay all construction costs, plus $100.00 connection fee, plus permit and inspection fees. Carried by the following vote: AYES: NOES: ABSENT: Members Smitten, Toland, Cornwall and Wadsworth Members none Member Johnson ESTABLISHMENT OF CHARGES TO LOCAL IMPROVEMENT DISTRICTS Member Cornwall, seconded by Member Toland, moved the adoption of Resolution No. 534: RESOLUTION NO. 5~4 IT IS HErtEBY RESOLVED by the District Board of the Central Contra Costa Sanitary District that the District, having hereto- fore undertaken the responsibility for the performance of 'engin- eering requirements of local improvement districts, does hereby establish the charge, as incidental expense, to be made to such local improvement districts to .include and be as follows: 3. 1. The wages of employees of the District engaged in local improvement district work while so engaged. Such wages to be charged on a prorated daily or hourly rate based on an eight hour day and twenty- two working days per month; together with overhead thereon at twenty-two per cent. 2. Cost of materials and services of other than District employees together with overhead thereon at three per cent. District owned equipment used shall be charged as shown on time card record as follows: Iv1otor Vehicle s Transits Level s Level Rods Chain Tapes $90.00 120.00 15.00 2.00 2.00 per month per month per month per month per month PASSED AND ADOPTED by the District Board of Central Contra Costa Sanitary District, County of Contra Costa, State of Calif- ornia, thi s 5th d,ay of January, 1950, by the following called vote: AYES: NOES: ABSENT: Members Toland, Cornwall and Wadsworth Members None Member Johnson. Member Smitten passed. Is/ a. E. Wadsworth, President /s/ H. M. Smitten, Secretary 01 05 -5 () 187 SALE OF $30.000 PACHECO BONDS It wa.s moved .by Member Cornwall, seconded by Member Toland that the Board instruct th~ Attorney to .prepare a resolution calling for bids for the sale of $30,000 of General Obligation Bonds of the Pacheco-Highway Junction Annexation. Carried by the following vote: AYES: NOES: ABSENT: Members Smitten, Toland, Cornwall and Wadsworth Members - None Member Johnson. ACCEPTANCE OF $50.00 FROM JOHN L. MASON . Mr. Mason presented the Board with his personal check to cover salary for November 22 and 23, 1949, on which dates he received Payment as an expert witness in Federal District Court for Aetna Insurance Company. . The Board Members expressed the opinion that they should have been informed on the subject previous to date of the trial. . It was moved by Member Cornwall that the $50 check be refused and two days time be charged against Mr. Mason's vacation time. Mr. Mason expressed the desire that the Board.accept the check. There was no second to Mr. Cornwall's motion. . It was moved by Member Toland, seconded by Member Smitten that tþe Board accept the $50.00 from Mr. Mason in lieu of services on Nqvember 22 ~nd 23, 1949. Carried by the following vote: AYES: Members Smitten, Toland, Cornwall and Wadsworth NQES: Members none A~SENT: Member Johnson EMPLOYMENT OF CLAUDE M. MCPHEE . It was moved by Member Smitten, seconded by Member Toland, tbat the Board approve the employment of Mr. Claude ~. McPhee as , appraiser and right of way agent at a starting sa¡ary of $400.00 Per month, to be advanced to $425.00 at the end of 90 days if his s~rvices are satisfactory. Carried QY the following vote: AXES: NOES: A~SENT: Members Smitten, Toland, Corn~ll and Wad~worth Members None Member Johnson ~~PLOYMENT OF D. JONES AND K. PECK . It was moved by Member Smitten, seconded by Member Toland, tþat Dan Jones and Kenneth Peck be employed on a temporary basis At the discretion of the District Manager. Carried by the follow- iJ!.g vote: AYES: NOES: A~SENT: Ivlembers Smitten, Toland, Cornwall and Wadsworth Members None Member Johnson PAYMENT OF BILLS It was moved by Member Smitten, seconded by Member Cornwall t~a.t bills as. approved by the Ma.nager and audited by the Committee b~ paid: 01 05 50 188 Carried by the following Cornwall and Wadsworth. Noes: Members None. Absent: Member Johnson. vote: Ayes: Members Smitten, Member Tolend passed. VOUCHER 2277 . 2278 2279 2280 2281 2282 2283 2284 2285 2286 2287 2288 2289 2290 2291 2292 2293 2294 2295 2296 2297 2298 2299 2300 2301 2302 2303 2304 .2305 2306 2307 2308 .2309 2310 2311 2312 2313 2314 2315 2316 2317 2318 2319 2320 2321 2322 2323 2324 2325 2326 1'2328 l2327 2329 2330 2331 2332 2333 2334 2335 2336 2337 2338 2339 2340 NAME C. C.Kennedy II II II .. II II II II O. Preston J. Guelld Underground Constr. R. . Monson Butterfield Bros. Duncan Plumbing John Meson Morna Phillips V. Brande s T. Sipes S. Corry R. Mott D. Wald L. WR.ld I. Long M. Klemmick A. Murphy J. Corry A. Blythe H. Munger D. Jensen G. Warren L. Weill W. H. Brailsford L. A. Benguerel H. W. Toland N. C. Cornwall E. Johnson R. E. Wadwworth H. M. Smitten. Calif. Water Servo City of Walnut Cr. Pac. Tel & Tel. Pac. Gas & Elec. A. G. Brown Brent Inman Cleverdon Co. Southern Pac. Armco Bennett Supply Co. W. H. Brailsford Cla.rk' s Hdwe.. . C.C.C.Title Co. Diablo Printing Dahlgrens East Bay Plue Print Farmers Feed W. E. Friberg Herbs. Hdwe Inland Typewriter A. Lietz M. R. Makemson Miller Blackwood R. C. Machado Me.rt in Bro s. LID 3 LID 4 LID 7 LID 8 LID 10 LID 12 LID 14 LID 15 LID 16 Deposit refund II II II II II Salary II II \I II II II II II II II II II II II II II II II Director II II II II & Sec. Plant water Office water Office Phone Refund II II Lease Supplies II Court charges Supplies Title reports Printing Supplies II II Right of way Supplies II II II Truck Repair Channel 01 05 AMOUNT $7,470.59 6,003.54 1,255.06 6,932.20 3,887.49 1,552.25 .5,039.25 1,711.41 613.27 7.5.00 61.00 30.00 30.00 18.00 15.00 634.46 226.40 188.38 173.00 174.35 367~06 26.5 . 4.5 2.58.11 2.50.40 v 255.38 125.20 297.01 373.21 370.17 360.53 319.06 393.48 400.00 .52..50 30.84 32.80 32.80 43.86 110.85 20.00 2.4.5 111.11 1.74 1.5.00 15.00 2.59.00 220.00 7-6.16 4.69 675..25. 10; 2.0!) 24. Ocr 29.50. 66.39 556.12. 1. 2.5 121..00 9.73 6.99 677.40 . 182.41 2,920.16 2.00 1,.568.51 50 189 2341 Fernau Walsh Print. Right of way 135.38 2342 Reighhold Chev. Truck 1,443.50 2343 Royal Blue Print. Prints 117.17 2344 F. Sellers Lettering 52.50 2345 Stolte Maintenance 136.43 ,c'2347 Shell 011 Gas 77.63 (.2346 Sun Pub. 404.28 2348 Soundscriber Dlótating machi.ne 629.85 2349 Thompson Elec. Supplies 12.11 2350 Uniòn Oil Gas 25.42 2351 C. C. Kennedy Supplies 254 . 40 2352 II LID 1 30.04 2353 II LID 3 557.60 2354 II LID 4 1,745.51 2355 " LID 7 2,028.65 2356 II LID 8 2,248.45 2357 II LID 10 269.23 2358 " LID 12 112.48 . 2359 II LID 14 1,288.83 2360 II LID 15 782.54 2361 . II LID 16 68..10 $ 59,746.05 STATUS OF JOHN A. NEJEDLY The Board informed Mr. Nejedly that he was a regular District Employee on a monthly salary, and entitled to pa.rticlpate in the County Retirement Fund. REQUEST FOR ANNEXATION- GOFORTH AND MCGAH Under date of Janupry 5, 1950, Goforth and McGah presented a supplemental letter to their letter of December 22, 1949, in which they requested annexation of the Hook and Roche properties. Th~ Board informed the applicants that they would table the matter until.Member Johnson could be present. CHARGING LID ADVANCES TO SPECIAL EXPENSE FUND It waS moved by Member Toland, seconded by Member Smitten, that the County Auditor is hereby authorized and directed to deposit in the Running Expense Fund of the District the sum of $153,277.79 representing advances for incidental expenses to Local Improvement Districts Nos. 3, 4, 7, 8, 14 and 15, in the amounts of $59,021.39, $28,778.54, $8,782.61, $24,573.79, $21,181.02 and $10,940.44 respectively to December 31,1949 and not yet reimbursed to the Sanitary District, and that said amount of $153,277.79 be charged to the Special Expense Fund of the District. Carried by the following vote: AYES: NOES: ABSENT: Members Smitten, Toland, Cornwall and Wadsworth Members - None Member Johnson REQUEST FOR EXTENSION OF TIME UNDERGRO UND CONSTRUCTION CO. By letter of January 4, 1950, Underground Construction Company requested a 60 day extension of time for their contract of Local Improvement District No. 14, which time had expired December 25, 1949. It was moved by Member Toland, seconded by Member Cornwall that the Board authorize the Acting District Engineer to notify Underground Construction Company and their bondsmen that an extension of 60 days has been granted from the 25th of December, 1949 for the completion of the work for Local Improvement District No. 14. Carried by the following vote: AYES: Members Smitten, Toland, Cornwall and Wadsworth NOES: Members None . ABSENT: Member Johnson. 01 05 50 190 OFFICE SITE DRIVE-WAY It WB.S moved by Member Smitten, seconded by Member Toland, that the Board authorize the Acting District Engineer to hire g:Niding equipment and grade the lot west of the office building, se.cure the necessary rock, and develop plans for removing the c~nter walk and installing a crosswalk from side to side of the office building. Carried by the following vote: AYES: Members Smitten, Toland, Cornwall and Wadsworth NOES: Members None ABSENT: Member Johnson. .. SEWERS FOR PACHECO AREA . Mr. Longley from Pacheco addressed the Board, requesting that sewe-s be constructed in the Pacheco area. The Bòard instructed Mr. Mason to make up tentative boundary lines of a local improvement district for the pacheco area. ADJOURmIENT President Wadsworth.adjourned the meeting to January 19, 1950 at 8:00 o'clock p.m. ..~ - C?~--". ~ President of the District Board of Central Contra Costa .Sanitary District, Contra Costa County, State of California. . ~~t'.;?~ .,.... Secretary of the District Board of Central C~ntra Costa Sanitary District, Contra Costa County, State of California. 01 05 50