HomeMy WebLinkAboutBOARD MINUTES 05-12-49
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MINUTES OF A SPECIAL MEETING OF THE
DISTRICT BOARD OF CENTRAL CONTRA COSTA
SANITARY DISTRICT HELD ON MAY l2~ 1949
The District ~oard of Central Contra Costa Sanitary District
convened in special 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, on May 12, 1949 at the hour of
8:00 o'clock p.m.
The meeting was called to order by President Wadsworth and the
following roll was called:
PRESENT:
ABSENT:
Members Johnson, Toland, Weill and Wadsworth
Member Smitten.
Member Johnson stated that Member Smitten wa.s at a school
Board meeting, and would arrive later.
READING OF MINUTES OF PREVIOUS MEETING
It was moved by Member Johnson, seconded by Member Weill that
the Board waive reading of Minutes of the previous meeting and that
they be approved as entered. Carried by the following vote:
NOES:
Members Johnson, Toland, Weill and Wadsworth
Members - None
AYES:
ABSENT:
Member Smitten
ANNEXATION OF "CHARLTON ACRES" SUBDIVISION
Member Weill, seconded by Member Toland, moved the adoption of
the following resolution:
RESOLUT ION NO. 4~4
RESOLUTION AND ORDER DESCRIBING THE EXTERIOR BOUNDARIES
OF THE TERRITORY COMI.'lONLY KNOWN AS IICHARLTON ACRES"
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 "Charlton Acres" proposed to be annexed
to Central Contra Costa Sanitary District, which real property repre-
sents Seventy-Five per cent (75%) of the total assessed valuation of
said territory as shown by the last equalized assessment roll of the
County of Contra Costa, was presented to this District Board on the
12th day of May, 1949, 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 California, asking that said territory be annexed to
said Central Contra Costa Sanitary District without an election under
the provisions of Article ), Part I of Division VI of the Health and
Safety Code of the State of California, and an Affidavit of Publica-
tion of said Petition and of a Notice stating the time of hearing of
said Petition to be presented to this District Board, was filed at
said time and pIa.ce, and
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WHEREAS 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 District 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 re-
quests that the territory so described be annexed to this District,
and
~ffiEREAS the Petition is verified by the Affidavit of one of the
petitioners, and
WHEREAS nO written protests against the annexation of said ter-
ritory to said Sanitary District have been filed with this District
Board, and
WHEREAS at said hearing no oral protests were made to this District
Board against the annexation of said territory to said Sanitary Dist-
rict, 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 pI a.ce , 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 Uotice that said Petition be pre-
sented to this District Board on Thursday, the 12th day of May, 1949,
at the hour of 8:00 o.clock, p.m., of said day, in the meeting 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 April 25,1949, and on May 2, 1949, in the Walnut Creek
Courier-Journal, a newspaper of general circulation, published in said
District; that the Affidavit of such publication pas been presented to
and is on file with this District Board; and
WHEREAS the petitioners have paid to Central Contra Costa Sanitary
District the sum of FIFTY-ONE AND 75/l00THS DOLLARS ($51.75), 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 the 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 pro-
posed annexation amounting to FIVE HUNDRED AND NO/100THS DOLLARS ($500.)
and has also paid the sum of NINE HUNDRED FIFTY AND NO/IOOTHS DOLLARS
($950.00) as its prorata share of the cost of the construction of the
sewers and appurtenances in Local Improvement District No.1, to which
system the sewers in the hereinafter described territory will be
connected;
That said petitione~s are the owners of land constituting Seventy-
Five per cent (75%) of the total assessed valuation of the territory
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 Dist-
rict 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 Petition.
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192
NOv', 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 interests of the
District and said contiguous territory.
(2) That upon such final hearing, this District Board does
hereby find and determine that all of the territory described in
said Petition will, in the judgment of this District Board, be
benefited by annexation to said Sanitary District.
(3) That the exterior boundaries of the territory so proposed
to be annexed to CENTRAL CONTRA COSTA SANITARY DISTRICT and specif-
ically 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 center line of Pleasant
Hill Road with the northerly boundary of Charlton Acres Sub-
division as said subdivision is delineated on map thereof of
record in Map Book 36, at page 45, Contra Costa County Offic-
ial Records, said point of intersection being a point on the
now existing boundary of Central Contra Costa Sanitary Dist-
rict, and running thence westerly, southerly, easterly,
northerly and easterly along the northern, western, southern,
eastern and southern boundaries of said Charlton Acres to the
intersection of the southern boundary thereof with the center
line of said Pleasant Hill Road which point of intersection
is a point on the now existing boundary of said $anitary
District; thence northerly along said existing bounda~ 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 proceedings
heretofore taken for the annexation of the above-described terri-
tory, the finding of this Board, and requesting the Board of Super-
visors to annex tþe territory to the District.
PASSED AND ADOPTED by the DISTRICT BOARD OF CENTRAL CONTRA
COSTA SANITARY DISTRICT of Contra Costa County, State of California,
this 12th day of May, 1949, by the following called vote:
AYES:
NOES:
ABSENT:
Members Johnson, Toland, Weill and Wadsworth
Members - None
Member Smitten
Countersigned:
.s. Neill C. Cornwall, Secretary
.a. R.E.Wadsworth, President of the
District Board of Central Contra
Costa Sanitary District
DISTRICT PAYMENT TO L.I.D. 2
Member Toland, seconded by Member Weill, moved the adoption of
the following resolution:
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19.1:
RESOLUTION NO. 455
WHEREAS the District Board of Ce~tral Contra Costa Sanitary Dist-
rict provided by its Resolution of Intention No. 210 relative to
Local Improvement District No.2 that there shall be paid out of the
Sewer Construction Fund the sum of THIRTEEN THOUSAND FIVE HUNDRED AND
NO/100THS DOLLARS ($13,500.00) 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 Stolte,
Inc., the contractor to whom the contract for said 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. 448 duly adopted
on the 5th day of May, 1949;
NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED that the sum
of THIRTEEN THOUSAND FIVE HUNDRED AND NO/100THS DOLLARS ($13,500.00)
be forthwith paid to Stolte, Inc., and that the President and Secretary
be and they are hereby authorized and directed to execute a warrant
in said sum drawn on the Sewer Construction Fund of Central Contra
Costa Sanitary District and payable to Stolte, Inc.
PASSED AND ADOPTED by said District Board of the Central Contra
Costa Sanitary District, Contra Costa County, State of California,
this 12th day of May, 1949.
AYES:
NOES:
ABSENT:
Members Johnson, Toland, Weill and Wadsworth
Members - None
Member Smitten
/s/ R.E.Wadsworth, President
s.s Neill C. Cornwall, Secretary
FINAL PAYMENT OF FEE TO C. C.KENNEDY
L.I.D. NO.2
It was moved by Member Toland, seconded by Member Johnson, that
the Board authorize payment of balance of fee due for preparation of
plans and specifications for Local Improvement District No.2, in
the amount of $6,794.26. Carried -by the following vote:
AYES:
NOES:
ABSENT:
Members Johnson, Toland, Weill and Wadsworth
Members - None
Member Smitten
~
FINAL PAYMENT OF FEE TO BRAILSFORD & HARRISON
L.I.D. NO.2
It was moved by Member Weill, seconded by Member Toland, that
the Board authorize payment of i. of balance', due for legal services
for Local Improvement Distñct No.2 to Messrs. Brailsford and Harrison
in the amount of $1,444.26; To Mr. Robert W. Harrison, $722.13, to
Mr. W. H. Brailsford $722.13. Carried by the following vote:
AYES:
NOES:
ABSENT:
Members Johnson, Toland, Weill and Wadsworth
Members - None
Member Smitten.
OPENING BIDS ON LOCAL IMPRO~IENT DISTRICT No.4
Bids from the following contractors for the construction of work
in Local Improvement District No.4 were opened and read:
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Stolte, Inc., Oakland
Dorfman, Chas., Los Angeles
Oakland Sewer Constr. Co., Oakland
DeVelbiss & Soda, Walnut Creek
R. A. Wattson Co., North Hollywøod
Underground Construction Co., Oakland
Assoc. Elec. & Mech. Co., San Francisco
P & J Artukovich, & Bebek & Brkich, L.A.
Burch & Bebek, San Jose
$343,399.70
469,730.00
370,962..50
351,554.34
467,790..50
350,260.00
415,976.97
343,059.60
368,004.00
The bids were referred to the Engineer for tabulation and recommenda-
tion.
MEMBER SMITTEN ARRIVED.
CONSIDERATION OF ALAMO-DANVILLE ANtÆXATION
Under date of May 6, 1949, the San Ramon Valley Sanitary Committee,
by A. G. Tomlin, Secretary, addressed a letter to the DistDbt Board
requesting that the Board state conditions under which the annexa-
tion of the Alamo-Danville area would be considered.
After some discussion the Board instructed the Manager to notify
the Committee as follows:
That the annexation be effected by petition of the owners of
real property, representing not less than 7.5% of the assessed
valuation, or by petition and election. Either procedure to
be used, depending on which is the more practical.
That no service will be provided to the area by the Sanitary
District unless and until the annexed area authorizes general
obligation bonds applicable to the annexation only, in the
amount of $450,000. This $450,000 to represent:
a.
Cost of extending trunk sewer from the junction of Section
I"and Section II of the main trunk sewer immediately south
of Walnut Creek to the center of Danville, 32,200 lineal
,feet. Estimated cost including Engineering and Rights of
Way - - - $280,000.
b.
c.
The pro-rated share of the annexed area in the work of the
sewage treatment plant and main trunk sewer Section I,
through which the area would receive service, on the basis
of 1/10 of the costs which the District has already in-
curred for these units of work $134,000.
Taxes for running expenses at 40~ per hundred assessed
valuation which the area would have escaped for the fiscal
years 1947/48,1948149, 1949/.50 $ 36,000.
Total
$450,000.
The Board authorized the Manager.to ,assist the San Ramon Valley.
Committee in the drafting of annexation petition, determining the
assessed valuation and property owner lists. The Committee would be
required to pay for legal advertising, to post bond with the Dist-
rict in the amount of $1500 to cover annexation election if an
election were held, and further to post bond, or cash in lieu of
bond, covering the costs of the District in the determination of
assessed valuation, property lists, and descriptions, in the event
the annexation were not successful.
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COMPLAINT FROM PARKMEAD SUBDIVISION
The Secretary read a letter from Lionel B. Benas, wherein Mr. Benas
complained about the condition of streets in Parkmead Subdivision,
purported to have be~n left in that condition by Stolte, Inc.
The Board referred the letter to the Attorney for reply.
MENB3:RSHIP IN CALIFORNIA SEWAGE WORKS ASS' N.
It .was moved by Member Johnson, seconded by Member Toland, and
unanimously carried, that the Board authorize membership in the
California Sewage Works Association for the Treatment Plant Super-
intendent, and that the District send two delegates to the State
Convention at Stockton May 19 and 20, with expenses paid~ Mr. Mott
and Mr. Mason.
SEWER CONNECTION TO MAIN TRUNK FOR MR. PERRY
It was moved by Member Johnson, seconded by Member Smitten, that
the Board grant a sewer connection to Mr. Perry (Parcel 115, Section
VI) to the main trunk sewer at a fee of $200. Carried by the follow-
ing vote:
AYES:
NOES:
ABSENT:
Members Johnson, Smitten, Weill and Wadsworth
Member Tole.nd
Members - None
RELOCATION OF SEWER IN L.I.D. NO.3
Mr. Richard Kennedy requested authorization from the Board for
the relocation of the sewer extension from Elizabeth Avenue in Laf-
ayette. The creek banks have been caving to the extent of imperiling
the sewer line. Mr. Kennedy wishes to relocate the crossing across
the lower Lafayette Check Dam on Las Trampas Creek.
It was moved by Member Weill, seconded by Member Smitten, and
unanimously carried, that the Board approve the r~location of the
sewer to the lower Lafayette Check Dam.
CONDEMNATION - PARCEL 125 - LID 10
Member Smitten, seconded by Member Weill, moved the adoption of
the following resolution:
RESOLUTION NO. 456
WHEREAS the District Board of the Central Contra Costa Sanitary
District has heretofore approved plans and specifications prepared
by its District Engineer for the construction, under the provisions
of the Improvement Act of 1911, of a collecting lateral sanitary
sewer system in the area more particularly described in Resolution
of Intention No. 424 (Local Improvement District No. 10) adopted by
this Board Me.rch 3, 1949, has awarded a contrect for the construc-
tion of said sanitary sewer in accordance with said plans and spec-
ifications;
NOW, THEREFORE, BE IT RESOLVED and this Board does hereby find
and determine that the public interest, convenience and necessity
require the acquisition, const~uction and completion by this District
of said collecting lateral sanitary sewer system, as set forth in
said plans and specifications and that an easement over the parcel
of real property hereinafter described is necessary for the construct-
ing, laying and maintaining of sewer pipes therein in said sanitary
sewer system, in accordance with said plans and specifications. Said
eesement is more pprticularly described as follows:
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Perpetual easement to be used by said Sanitary District for
the purpose of constructing, laying, maintaining and operating
sewer pipes therein and thereupon, together with appurtenances and
appliances, and with the right of ingress thereto and egress there-
from.over the following described parcel of real property, located
in the County of Contra Costa, State of California, described as
follows:
PARCEL 125
Portion of Lot 32 in Block II E" , as designated on the map
entitled IIOrinda Park Terrace, Contra Costa Co., Calif.",
which map was filed in the office of the Recorder of the
County of Contra Costa, State of California, on May 2,
1922 in Volume 18 of Maps, at page 389, described as follows:
A strip of land 5 feet in width, the west line of which is
parallel with and 5 feet westerly, measured at right angles,
from the east line thereof and which east line is the entire
east line of said Lot 32.
The northerly terminus of said strip is the north line of
said lot and the.southerly terminus thereof, is the south
line of said lot. .
BE IT FURTHER RESOLVED that the Attorney for said District be
and he is hereby authorized and directed to commence and maintain
an action and proceeding 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 easement over,
upon and through said hereinabove described pprcel of real property
for the uses and purposes aforesaid.
BE IT FURTHER RESOLVED and said Board does hereby find and
determine that the reasonable value of the above-described ease-
ment proposed to be taken is the sum of THIRTY-FIVE AND No/lOOTHS
DOLLARS ($35.00), and the President and Secretary are hereby auth-
orized and directed to execute a warrant for said sum payable to
the County Clerk of the County of Contra Costa to be deposited as
security to the owners for the value of the easement herein proposed
to be condemned.
PASSED AND ADOPTED by the District Board of Central Contra Costa
Sanitary District of Contra Costa County, State of California, this
12th day of May, 1949, by the following called vote:
AYES:
NOES:
ABSENT:
Members Johnson, Smitten, Toland, Weill and Wadsworth
Members - None
Members - None
Countersigned:
Neill C. Cornwall, Secretary
/s/ R.E.Wadsworth, President of the
District Board of Central Contra
Costa Sanitary District
CONDEMNATION - PARCEL l19~ LID 4
Member Smitten, seconded by Memb9r Toland, moved the adoption
of the following resolution:
RESOLUTION NO. 457
WHEREAS the District Board of the Central Contra Costa Sanitary
District has heretofore approved plans and specifications prepared
by its District Engineer for the construction, under the provisions
of the Improvement Act of 1911, of a collecting lateral sanitary
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sewer system in the area more particularly described in Resolution
of Intention No. 432, (Local Improvement District No.4) adopted
by this Board March 31, 1949, and proposes to award a cont~act 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 acquisition, construction and completion by this Dist-
rict of said collecting lateral sanitary sewer system, as set forth
in said plans and specifications and that an easement over the
parcel of real property hereinafter described is necessary for the
constructing, laying and maintaining of sewer pipes therein in said
sanitary sewer system, in accordance with said plans and specifica-
tions. Said easement is more particularly described as follows:
Perpetual easement to be used by said Sanitary District for the
purpose of constructing, laying, maintaining and operating sewer
pipes therein and thereupon, together with appurtenances and appliances,
and with the right of ingress thereto and egress therefrom over the
following described parcel of real property, located in the County
of Contra Costa, State of California, described as follows:
Portion of Lot 5 in Block 11, as designated on the map
entitled "R. N. Burgess Company's Map of the Pringle
Addition to the Town of Walnut Creek", which map was
filed in the office of the Recorder of the County of
Contra Costa, State of California, on May 6, 1912 in
Volume 7 of Maps, at page 154, described as follows:
A strip of land 5 feet in width, the west line of which
is parallel with and .5 feet westerly, measured at right
angles from the east line thereof and which east line is
the entire east line of said Lot 5.
The north~rly terminus of said strip is the north line of
said Lot 5 a~d the southerly terminus thereof is the north
line of Lacassie Lane.
BE IT FURTHER RESOLVED that the Attorney for said District be
abd he is hereby authorized and directed to commence and maintain
an action and proceeding of Emiijent 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 easement over, upon
and through said hereinabove described parcel of real property for
the uses and purposes aforesaid.
BE IT FURTHER RESOLVED and said Board does hereby find and deter-
mine that the reasonable value of the above-described easement pro-
posed to be taken is the sum of TEN AND NO/IOOTHS DOLLARS ($10.00),
and the President and Secretary are hereby authorized and directed to
execute a warrant for said sum payable to the County Clerk of the
County of Contra Costa to be deposited as security to the owners for
the value of the easement herein proposed to be condemned.
PÁSSED AND ADOPTED by the District Board of Central Contra Costa
Sanitary District of Contra Costa County, State of California, this
12th day of May, 1949, by the following called vote:
AYES :
NOES:
ABSENT:
Members Johnson, Smitten, Toland,. Weill and Wadsworth
Members - None
Members - None
Countersigned:
.s. R.E.Wadsworth, President of the
District Board of Central Contra
Costa Sanitary District.
Neill C. Cornwall, Secretary
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PURCHASE OF PARCEL 16 of LID No.6
Mr. Brailsford informed the Board that Cornish and Cornish,
Attorneys for Mr. Morrison declined the offer of $416.00, and now
wish to have $624.00 in payment for the easement. He stated that
Mr. McPhee recommended that the Board approve payment of $624.00.
It was moved by Member Toland, seconded by Mr. Weill that the
Board approve the payment of $624.00 for the purchase in fee of
Parcel 16 of Local Improvement District No.6. Carried by the
following vote:
AYES:
NOES:
ABSENT:
Members Toland, Weill and Wadsworth.
Members Johnson and Smitten
Members - None
INSTRUCTIONS TO ENGINEER REGARDING DOWNER
CONTRACT FOR LOCAL IMPROVEMENT DIST. 3
It WB.S moved by Member Johnson, seconded by Member Smitten,
that the Board direct the District Engineer to communicate with
Mr. Downer and state to him that at the present time the Board is
not inclined to extend the time of performance of his contract
unless, between now and any application he makes for extension,
the work is materially hastened and improved. Ca.rried by the
following vote:
AYES:
NOES:
ABSEN T:
Members Johnson, Smitten, Weill and Wadsworth
Members - None
Member Toland
AWARD OF CONTRACT FOR L.I.D. No.4
Th~ Engineer recommended awarding contract to P. &. J. Artu-
kovich~Þebek and Brkich, as the lowest responsible bidder.
Member Johnson, seconded by Member Smitten, moved the adoption
of the following resolution:
RESOLUTION NO. 458
RESOLVED that the District Board of Central Contra Costa Sani-
tary District, Contra Costa County, State of California, having in
open session on the 12th day of May, 1949, opened, examined and
publicly declared all sealed proposals or bids offered for doing
the work hereinafter mentioned;
HEREBY rejects all of said BIDS except that hereinafter men-
tioned, and hereby AWARDS the Contract to the lowest, regular res-
ponsible BIDDER, to-wit:
TO P. & J. ARTUKOVICH, INC., AND BEBEK AND BRKICH, at the prices
specified in their proposal for doing said work now on file.
The work herein referred to is the construction of sanitary
sew~rs and appurtenances for that area, and to the extent, with the
materials and in the manner, set forth in Resolution of Intention
No. 432, adopted by said District Board on the 31st day of March,
1949, reference to which said Resolution of Intention is hereby
made for a description of said work and improvement, and the terms
and conditions under which the same is to be done.
The Secretary of said District Board is hereby directed to
publish .notice of this AWARD, twice in the Courier-Journal, a
weekly newspaper published and circulated in said Sanitary District,
as required by law.
PASSED AND ADOPTED by said District Board of the Central Contra
Costa Sanitary District, Contra Costa County, State of California,
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~98
this 12th day of May, 1949.
AYES:
NOES:
ABSENT:
Members Johnson, Smitten, Weill and Wadsworth
Member Toland
Members - None
/s/ R.E.Wadsworth, President of the
District Board of Central Contra
Costa Sanitary District.
Countersigned:
Neill C. Cornwall, Secretary
ADJOURNMENT
It was moved by Member Smitten, seconded by Member Johnson,
and unanimously carried, that the meeting adjourn to May 26, 1949
at the hour of 8:00 o'clock p.m.
~4- ---",.
/'/.' ~
, --?~ " '-'~~r ~-",
President of the District Board of
Central Contra Costa Sanitary District
of Contra Costa County, State of Calif.
Countersigned:
k~r:. 6~ ;
Secretary of the District Board of .
Central Contra Costa Sanitary District
of Contra Costa County, State of Calif.
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