HomeMy WebLinkAboutBOARD MINUTES 09-15-49
115
MINUTES OF AN ADJOURNED MEETING
OF THE DISTRICT BOARD OF CENTRAL CONTRA
COSTA SANITARY DISTRICT HELD SEPTEMBER 15. 1949
The District Board of Central Contra Costa Sanitary District
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'c1ock p.m.
September 15, 1949.
The meeting was called to order by President Wadsworth, and the
following roll was called:
PRESENT:
Members Johnson, Smitten, To~nd and Wadsworth
ABSENT:
Member Weill
READING OF MINUTES OF PREVIOUS MEETING
It was moved by Member Johnson, seconded by Member Smitten,
that in view of the fact the Board had another meeting waiting at
another place the Board waive the reading of Minutes at the present
time.
Carried by the following vote:
Members Johnson, Smitten, Toland and Wadsworth
AYES:
NOES:
Members - None
ABSENT:
Member Weill.
AUTHORIZING CONDEMNATION OF EAS~IENTS OVER
REAL PROPERTY LOCATED IN LOCAL IMPROVEMENT
DISTRICT NO. 7
Member Toland, seconded by Member Smitten, moved the adoption
of the following resolution:
RESOLUTION NO. 510
WHEREAS the District Board of the Central Contra. Costa .Sanitary
District has heretofore approved plans and specificetions 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. 477, (Local Improvement District No.7), adopted by
this Board July 7, 1949, and has awarded a contract 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 determmne that the public interest, convenience and necessity
require the acquisition, construction and completion by this District
of said collecting lateral sanitary sewer system, as set forth in said
plans and specifications and that easements over the parcels of real
property hereinafter described are necessary for the constructing,
laying and maintaining of a sewer pipe therein in said sanitary sewer
system, in accordance with said plans and specifications. Said ease-
ments are more particularly described as follows:
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116
Perpetual easements to be used by said Sanitary District for
the purpose of constructing, laying, maintaining and operating a
sewer pipe therein and thereupon, together with appurtenances and
appliances and with the right of ingress thereto and egress there-
from over the following described parcels of real property; and
temporary easements twenty (20) feet in width located parallel
with and immediately adjoining the perpetual easements hereinafter
described, said easements loceted in the County of Contra Costa,
Stete of California, described as follows: -
PARCEL NO. 39
All that certain real.property situated in the County of Contra
Costa, State of C~.lifornia, described as follows:
Sub-Parcel One: Portion of the Rancho Acalanes being a strip of
land 5 feet in width lying 2-1/2 feet on either side of the follow-
ing described center line: Beginning at a point on the south line
of the parcel of land described in the deed from Theodore H. Las-
sagne et ux to Victor F. Lassagne et ux and recorded in book 844 gf
Official Records, of said County at page 220, that bears North 89
51' 20" West 238.2l feet from the southeast corner thereof thence
North 90 49' East 18.98 feet; thence North 420 111 West 186.86 feet
to a point on the east line of the parcel of land described in the
deed from Victor F. Lassagne et ux to Theodore H. Lassagne et ux
and recorded in book g24 of Official Records of said county at page
47 that bears North 0 l71 West 19.17 feet from the southeast cor-
ner thereof.
The side lines of said strip to be lengthened or shortened So as to
extend from the south line of said Lassagne parcel (844 OR 220) to
the east line of said Lassagne parcel (924 OR 47).
Sub-Parcel Two: Portion of the Rancho Acalanes being a strip of
land 5 feet in width the east line of which is parallel with and
5 feet, measured at right angles, east of the west line thereof,
said west line being described as follows: Beginning at a point
on the east l.ine of the parcel of land described in the deed from
Victor F. Lassagne et ux to Theodore H. Lassagne et ux and recorded
in book 924 of Official Records of said county at page 47 that bears
North 00 17' West 19.17 feet from the southeast corner thereof
thence along said east line North 00 17' West 36.18 feet to a point
tha.t bears South 00 171 East 49.38 feet from the northeast comer
thereof.
Sub-Parcel Three: Portion of the Rancho Acalanes being a strip of
land 5 feet in width lying 2-1/2 feet on either side of the follow-
ing described center line: Beginning at a point on the east line
of the parcel of land described in the deed from Victor F. LassRgne
et ux to ~neodore H. Lassagne et ux and recorded in book 924 of
Official Records of said County at page 47 that bears South 00 171
Ea.st 49.38 feet from the northeast corner thereof thence North 160
341 East 52.10 feet to a point on the north line of the parcel of
land described in the deed from Theodore H. Lassagne et ux to Vic-
tor F. Lassagne et ux and recorded in book 844 of Official Records
of said County at page 220. .
The side lins of -said strip to be lengt'hened or shortened so as to
extend from the east line of said Lassagne parcel (924 OR 47) to
the north line of said Lassagne parcel (844 OR 220). .
PARCEL NO. 40
Real property situated in the County of Contra Costa, State of
California, described as follows: Portion of Rancho Acalanes
being a strip of land 5 feet in width lying 2-1/2 feet on either
side of the following described center line: Beginning at a point
on the south line of the parcel of land described in the d~ed from
John Silva Santos et ux, to Norman MacAuley et ux, and recorded in
book 827 of Official Records of said County at page 303 that bears
South 870 53' 30 II West 149.60 feet from a point that bears South
09
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117
86° 40' West 188.10 feet from the southeast corner of said MacAuley
parcel; thence North 160 )4' East 55.04 feet; thence North 00 I)'
West 50.00 feet; thence North 390 431 West 79.)9 feet to a point on
the north line of said MacAuley parcel.
The eastern and western lines of said strip to be lengthened or
shortened so as to extend from the south line of said MacAuley parcel
to the north line thereof.
BE IT FURTHER RESOLVED that the Attorney for said District be
and he is hereby authorized and directed to commence and ma.intain
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 hereinabove described parcels of real property for the
uses and purposes a~oresaid.
BE IT FURTHER RESOLVED, and said Board does hereby find and
determine, that' the reasonable values of the above-described ease-
ments proposed to be taken are the sums as indicated opposite the
parcel numbers hereinafter listed:
Parcel No. 39
Parcel No. 40
$100.00
$150.00
and the President and Secretary arehereby authorized and directed to
execute warrants payable to the County Clerk of the County of Contra
Costa, to be deposited as security to the owners for the values of
the easements herein proposed to be condemned.
PASSED Ai..D ADOPTED by the District Board of Central Contra Costa
Sanitary District of Contra Costa County, State of California, this
15th day of September, 1949, by the following called vote:
AYES:
NOES:
ABSENT:
Members Johnson, Smitten, Toland and Wadsworth
Members - None
Member Weill
Countersigned:
Neill C. Cornwall, Secretary.
/s/ R. E. Wadsworth, President of the
District Board of Central Contra
Costa Sanit ary District
AUTHORIZING CONDEMNATION OF EASEMENTS OVER
REAL PROPERTY LŒCATED IN LOCAL IMPROVEMENT
DISTRICT NO. 15
Member Toland, seconded by Member Smitten, moved the adoption
of the following resolution:
RESOLUTION NO. 5ll
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. 4e7, (Local Improvement District No. 15), adopted
by this Board July 14, 1949, and has awarded a contract for the con-
struction 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 District
of said collecting lateral sanitary sewer system, as set forth in said
plans and specifications and that easements over the parcels of real
property hereinafter described are necessary for the constructing,
09
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118
laying and maintaining of a sewer pipe therein in said sanitary
sewer system, in accordance with said plans and specifications.
Said easements are more particularly described as follows:
Perpetual easements to be used by said Sanitary District for
the purpose of constructing, laying, maintaining and operating a
sewer pipe therein and thereupon, together with appurtenances and
appliances and with the right of ingress thereto and egress there-
from over the following described parcels of real property; and
temporary easements twenty (20) feet in width located parallel
with and immediately adjoining the perpetual easements hereinafter
described, said easements located in the County of Contra Costa,
State of California, described as follows:
PARCEL NO. 10
Portion of the Rancho Boca de la Canada Del Pinole, described as
follows: A strip of land 10 feet in width the eastern line of
which is 10 feet easterly measured at right angles from the western
line and the western line of which is described as follows:
Beginning on the southern line of the parcel of land described in
the deed from Horace B. Chaffee et ux to John Beltramo et ux, dated
March 24, 1939 and recorded March 29, 1939 in book 503 of Official
Records of said County at page 167, which is distant thereon North
880 40' 10" East 15 feet from the southwestern corner of said par-
cel; thence North 30 091 West 173.95 feet to the northern line of
said Beltramo parcel. The eastern line of said strip to be length-
. ened or shortened so as to extend entirely across said parcel.
PARCEL NO. 11
Portion of the Rancho Boca de la Canada Del Pinole, described as
follows:
Sub-parcel One: A strip of land 5 feet in width the eastern line
of which is 5 feet easterly measured at right angles from the west-
ern line and the western line of said strip being described as
follows: Beginning at the southeast corner of the parcel of land
described as parcel three in the deed from CRrl Swanson to Egidio
.Linotti, et ux, and recorded in book 678 of Official Records of
said County at page 273; thence North 30 91 West along the east
line of said Linotti parëel 381.34 feet to the north line of the
parcel of land described in the deed from M. M. Garrett, et ux, to
William F. Brodie, dated November 21, 1947, and recorded December
2. 1947 in book 1152 of Official Records of said County at page
163. The eastern line of said strip to be lengthened or shortened
so as to extend entirely across said Brodie ~arcell152 of Official
Records, page 163.
Sub-parcel Two: A strip of land'5 feet in width the southern line
of which is 5 feet southerly measured at right angles from the
northern line and which northern line is the entire northern line
of said Brodie Parcel hereinabove referred to in Sub-parcel One.
PARCEL NO. 31
Portion of the Rancho Boca de la Canada Del Pinole, described as
follows: A strip of land 5 feet in width the southern line of
which is 5 feet southerly measured at right angles from the north-
ern line and the northern of which is described as follows: Begin-
ning at the northwestern corner of the parcel of land described in
the deed from'W. A. Hoffman et ux to Clifford-E. Roberts et we,
dated February 15, 1944 and recorded June 21, 1944 in book 7§6 of
Official Records of said County at page 233, thence North 89 35'
East along the northern line of said parcel 93 feet.
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119
PARCEL NO. 28
Portion of the Rancho Boca De La Canada Del Pinole, described as
follows: A strip of land 5 feet in width the northwestern line of
which is 5 feet northwesterly measured at right angles from the
southeastern line and the .southeastern line of said strip is de-
scribed as follows:
Beginning on the southeastern line of the parcel of land described
AS Parce¡ 2 in the deed from Natale Martino to Frank Arthur Brown,
a mB,rried man, dated September 21, 1940 and recorded October 16, 1940
in book 551 of Official Records, of said County at page 232, at the
most eastern corner of the parcel of land described in the deed from
Frank Arthur Brown et ux, to Lee H. Searight et ux, dated June 3,
1948 and recorded June 24,1948 in book 1217 of Official Records of
said County at page 100~ thence North 470 151 East along the south-
eastern line of said Brown Parcel (551 OR 232) 235.22 feet to the
southwestern line of a 40 foot in width County Road sometimes re-
ferred to as Spring Hill Road.
The northwestern line of said strip to be lengthened' or shortened
so as to extend from the northeastern line of said Searight parcel
northeasterly to the southwestern line of Spring Hill Road.
PARCEL NO. 35
Portion of the Rancho Boca de la Canada Del Pinole, described as
follows: A strip of land 5 feet in width the northern line of which
is 5 feet northerly measured at right angles from the southern line
and the southern line of said strip being the entire southern line of
the parcel of land described in the deed from Frank Owens, et ux,to
Selma Harrison, et a1, dated November 29', 1945 and recorded March 5,
194?, in Book 887 of Official Records of said County at page 438. The
northern line of said strip to be lengthened or shortened so as to
extend entirely across said parcel.
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 easemats over, upon and
through said hereinabove described parcels of real property for the
uses and purposes aforesaid.
BE, IT FURTHER RESOLVED, and said Board does hereby find and
determ1ne, that the reasonable values of .the above-described easements
proposed to be taken are the sums as indicated opposite the parcel
numbers hereinafter listed:
Parcel
Parcel
Parcel
Parcel
Parcel
No. 10
No. 11
No. 28
No. 31
No. 35
$10.00
110.00
10.00
10.00
$10.00
and the President and Secretary are hereby authorized and directed
to execute warrants payable to the County Clerk of the County of
Contra- Costa, to be deposited as security to the owners for the
values of the easements 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
15th day of September, 1949, by the following called vote:
Ayes:
NOES:
ABSENT:
Members Smitten, Toland and Wadsworth
Members - None
Member Weill. Member Johnson passed the vote.
Isl R. E. Wadsworth, President of the
District Board of Central Contra
Costa Sanit ary Di strict
,.(
Isl Neill C. Cornwall
Secretary
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120
APPROVING PAYMENT FOR PARCEL 6
LOCAL IMPROVEMENT DISTRICT NO. 15
It was moved by Member Smitten, seconded by Member Johnson,
that the Board approve payment in the amount of $175.00 for ease-
ment through Parcel 6 of Local Improvement District No. 15, to
Robert B. and Jeanne N. Hoedel. Carried by the following vote:
Ayes:
Noes:
Absent:
Members Johnson, Smitten, Toland and Wadsworth
Members - None
Member Weill.
APPROVING PAYMENT FOR PARCEL 16
LOCAL IMPROVEMENT DISTRICT NO. 15
It was moved by Member. Johnson, seconded by Member Smitten,
that the Board approve payment in the amount of $75.00 for easement
through Parcel 16 of Local Improvement District No. 12, to A. T.
Beckett and F. J. Fedrighi. Ca,rried by the following vote: .
Ayes:
Noes:
Absent :.
Members Johnson, Smitten, Toland and Wadsworth
Members - None
Member Weill.
PAYMENT OF MONTHLY BILLS
It was moved by Member Smitten, seconded by Member Johnson,
that the bills be paid as presented, and guaranteed to be correct
by the Manager, subject to final audit by the Auditing Committee.
Carried by the following vote: .
Ayes:
Noes:
Absent:
Members Johnson, Smitten, Toland and Wadsworth
Members - None
Member Weill.
M~IBER WEILL ARRIVED AT 8:20 o'clock p.m.
BILLS PAID
VOUCHER
1787
1788
1789
1790
179l
1792
1793
1794
1795
1796
1797
1798
1799
1800
1801
1802
1803
1804
1805
1806
1807
1808
1809
1810
1811
1812
1813
l814
1815
l8l6
NAME
Miller Blackwood
Stockton Canst. Co.
Garry Grover
J. Guelld
Morrill Plumbing Co.
H. Robinson
Martin Bros.
County Clerk
II
II
II
II
Cancelled
County Clerk
"
II
Replaces 1774
Final, Sec. VI
Deposit Refund
II
II
II
II
Tilton, LID 7 Par.l
O'Shea, L~D 7 Par.22
Miller, LID 7 Par.29
Ma11ey,LID 7 Par.31
Sprenke1 7 Par 33
Lassange,LID 7 Par 39
" 7 39A
MacAuley 7 40
Deposit refund
II
II
II
II
II
II
II
11
Martin Bros
Ray Hartsten
Alfred Le Van
B.B.Loveland
Mrs. N.A.14iller
M. Cunha
R.J. Lee
Floyd V. Carr
Irwin Lee
T. Sipes
s. Corry
R. Mott
D. \valà
L. Wa1d
Salary
II
II
II
II
09
15
AMOUNT
$ 2. 21
4,544.04
15.00
15.00
15.00
30.00
105.00
100.00
275.00
150.00
50.00
250.00
100.00
45.00
150.00
135. 00
30.00
15.00
15 . 00
15.00
15.00
15.00
15.00
15.00
86.50
95.60
183.48
132.72
129.00
49
121
VOUCHER NAME AMOUNT
1817 1. Long , Salary 125.20
1818 M. Klemmick II 127.64
1819 J. Corry II 129.21
1820 A. Blythe II 136.24
1821 F. Wilkins II 136.39
1822 H. Munger II 174.98
1823 D. Jensen II 125. 20
1824 E. Petsrson Deposit Refund 15.00
1825 C.C.Kennedy Engineering 251.01
1826 II II 48.90
1827 II LID 1 889. 46
l828 II LID 2 30.65
1829 II LID 3 3,524.59
1830 II LID 4 4,758.33
1831 II LID 5 67.35
'1832 II LID 6 1,882.78
1833 II LUD 7 356.28
1834 II LID 8 1,760.76
1835 II LID 10 3,227.51
l836 II LID 12 3,375.89
l837 " LID l4 674.15
1838 II LID 15 76.10
1839 II LID 16 1,584.16
1840 Petty Cash To reimburse 46.09
1841 Laf. Rental Maintenance 29.50
1842 Marchan~ Co. II 29.00
1843 Walnut Creek Hdwe. Supplies 37.85
1844 Walnut Qr~ek Studio Print s 24.04
1845 Inland Typewriter Supplies 4.19
1846 C.C.C. Title Co. Title Reports 1)4.00
1847 Champion & Lehto Plumbing repair 5.62
1848 Courier Journal Pub. , .9l.00
1849 Diablo Printing Co. Alamo Danville 9.83
1850 Dahlgren1s Supplies 12.02
1851 w. E. Friberg Right of way agent 527.00'
1852 Fairbanks Morse & Co. Pumps for Orinda 6,449.87
1853. Rector Motor Co. Supplies 1.29
1854 C. Hopkins Photos 12.50,
ACCEPTANCE OF ORINDA Pu}ŒING PLANTS
Member Smitte~, seconded by Member Toland, moved the adoption
of tpe following resolution:
RESOLUTION NO.
5li
. WHEREFORE, CLYDE C. KENNEDY, District Engineer of the Central
Contra Costa Sanitary District, has c,ert,ified to thi.s Board that
Kiss Crane Co. and Charles ~. Brown Co., a joint venture, have fully
executed and completed thei~ contract fQr the constructiQncf the
Orinda Pumping Plants on the main trunk sanitary sewer in accordance
with the plans and specifications therefor and that said work was
completed on .or about September 15, 1949;
NOW, THEREFORE, BE IT RESOLVED that said Orinda Pumping Plants
be and the same are hereby accepted and the President and Secretary
be and they are hereby authorized and directed to execute, on behalf
of the Sanitary District, a Notice of Completion as provided by law
and cause the same to be reco~ded in the Office of the Recorder of
of the County of Contra Costa, Itate of California, and said Recorder
is hereby authorized to record the same.
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122
PASSED AND ADOPTED by the District Board of the CentralContra
Costa Sanitary District, County of Contra Costa, State of California,
.this 15th day of.September, 1949.
AYES:
NOES:
.ABSENT:
Members Smitten, Toland, Wadsworth and Weill.
Members - None
Members - None. Member Johnson passed the vote.
COJ.iPLAINT AGAINST WORK OF DO\vNER CORP.
The Secretary read a letter from Mr. Vernon Patterson, Attor-
ney for Mr. Don Blackwood, advising of deficiencies in Downer's
wo~k for Local Improvement District N°.3. The Board instructed
the Manager to draft a letter for the Secretaryls signature, ack-
nowledging receipt, and then refer the complaint to the Engineer.
RECESS TO AMERICAN LEGION BUILDING
It was moved by Member Smitten, seconded by Member Johnson
.and unanimously carried that the Board recess to the American
Legion Building and reconvene in fifteen minutes to hold the hear-
ing of Assessments for Local Improvement District No.1.
HEARING PROTESTS AGAINST ASSESSMENT
LOCAL IMPROVEMENT DISTRICT NO.1
The meeting was called to order at 8:45 p.m. at the American
Legion Building, and the Secretary read letters of protest from
the following persons:
Mr. and Mrs. R. A. Helstrom; Sara Bond; Curran A. Johnson; Birdie
.M. Westwick; Guy L. Putnam; J. O. Atkinson; Chas. F. Morse;
Arthur W. Carpenter; Guy L. Putnam; Clara H. Clift; Bruno John
.Mynthi; George J. McNeil; Frank and Dorothy Jones; BeI't L. and
Verna V. . Thyfault; Martin G. Finch; Mr. and Mrs. J. F. Townsend;
Robert and Alma Montanelli; C. J. Curtis; Pleasant Hill School
District by John Moiso; William J. Murphy; Henry A. Conklin, James
W. and Clara F. Coons; Mrs. J. O. Crockett; Robert Dagley, Jr.;
Martha Chamberlin; Mrs. Geo. C. Chase; Mr. and Mrs. Marcus T. Funk;
Richard A. Henshaw; Raymond J. Clark; E. L. Rockwood; H. J. Crevelt;
M. Massone; Thomas A. Gore; Jack C. Hetherington; California Tax
Agency by WID. E. Dolton; Mrs. Rissotti; Bernhard E. Dathe; Henry
Meier; Henry C. Sanders;. Henry F. Vessing; A. C. DeBeaumont; Thomas
E. and Esther A. Miles; Ellsworth Cleveland; Noble Cisi; S. W.
ElliS; A Schwartz; Bernard E. Gobel; Doney and Wilma Huffman;
Virgil D. Chamberlain; F. M. Morrison; Alice R., J. V., and Grace
A. Putnam; Mrs. H. Barnard; Lester W. Hardy; Grace Belle and Grace
A. Putnam; Grace Belle Putnam; Andrew MacCono; James Karras; H. C.
Gardner; R. O. Whitson; F. A. Pfeil; Joe A. and Juanita Burkhart;
Roy M. Arthur; Melvin E. Fenton; W. F. Sager; Lorenz Eppeneder;
Harold A. Hedemark; and A. M. Stanley.
The President requested the District Engineer to explain to
the protestants the method of levying the assessment.
After a general discussion and questions from the floor, the
Presiòent asked the Manager to explain more fully.
ADJOURNMENT
The time being midnight, the President adjourned the meeting
to September 29, 1949 at 8:00 o'c1.4ck p.m. at the regular place of
meeting.
~...-.-
:/' ,
. é;~~~"7I!:-...E<:;:>~,:rr-~
President of the District Board of
Central Contra Costa Sanitary
District of Contra Costa County,
State of California
S~~;~arff ~f 4:~t'---
Board of Central Contra Costa
Sanitary District.
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