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HomeMy WebLinkAboutBOARD MINUTES 12-15-49 162 MINUTES OF AN ADJOURNED MEETING OF THE DISTRICT BOARD OF CENTRAL CONTRA COSTA SANITARY DISTRICT HELD DECEMBER 15. 1949 The District Board of Central Contra Costa Sanitary District convened in adjourned session at its regular place of meeting located at 1822 Mt. Diablo Boulevard, in the Cit! of Walnut Creek, County of. Contra Costa, State of California, at' the hour of 8: 00 o'clock p.m., on December 15, 1949. The meeting was called to order and the following roll was called: PRESENT:- Members Johnson, ABSENT: Members - None. Smitten, Toland, Cornwall and Wadsworth. READING OF MINUTES OF PREVIOUS MEETING The Minutes of the previous meeting were read and were approved as entered. APPROVING ASSESSMENT DIAGRAM LOCAL IMPROVEMENT DISTRICT NO.1 Kember Smitte,n¡ seconded by Member, Cornwall, moved the adoption of Resolution No. 525: RESOLUTION NO. 525 RESOLVED by the District Board of Central Contra Costa Sani- tary District of Contra Costa County, State of 'California, that the Diagram, made by the District Engineer of said Sanitary Dist- rict and presented to said District Board, of the district to be assessed for the costs and expenses of constructing sanitary sewers and appurtenances in Local Improvement District No.), .and in the public streets, drives, rights of way, easements and reserves therein, in said Sanitary District, as provided in Resolution ~f Intention No. 276, adopted by said District Board on June 24, 1948, be and the s'ame is hereby approved, and the Secretary of said Dist- rict Board is hereby directed to certify the fact and date hereof and so notify said District Engineer. PASSED AND ADOPTED by the District Board of Central Contra Costa Sanitary District, County of Contra Costa, State of Calif- ornia, this 15th day of December, 1949, by the following called vote: ' AYES: NOES: ABSENT: Members Johnson, Smitten, Toland, Cornwall and Wadsworth Members - None' Members - None /s/ H. M. Smitten, Secretary /s/ R. E. Wadsworth, President of the District Board. ' .12 15 49 163 APPROVING ASSESSMENT DIAGRAM LOCAL IMPROVEMENT DISTRICT NO. 10 Member Smitten, seconded by Member Cornwall, moved the adoption of Resolution No. 526: RESO~UTION NO. 526 , RESOLVED by the District Board ,of Central Contra Costa Sanitary District of Contra Costa County, State of California, that the Diagram, made by the District Engineer of said Sanitary District and. presented to said District Board, of the district to be assessed for the costs and expenses of constructing sanitary sewers and appur- tenances in Local Improvement District No. 10, and in the public streets, drives, rights of way, easements and reserves therein, in said Sa,ni tary District, as provided in Resolution of Intention No. 424, adopted by said District Board on March ),1949, be and the same is hereby approved, and the Secretary of said District Board is hereby directed to certify the fact and date hereof and so notify said District Engineer. ' . PASSED AND ADOPTED by the District Board of Central Contra Costa Sanitary District, County of Contra Costa, State of California, this 15th day of December, 1949, by the following called vote: AYES: NOES: ABSENT: Members Johnson, Smitten, Toland, Cornwall and Wadsworth Members - None Members - None /s/ H. M. Smitten, Secretary /s/ R. E. Wadsworth, President of the District Board CONTINUATION OF HEARING ON ASSESSMENT LOCAL IMPROVEMENT DISTRICT NO.12 It was moved by Member Johnson, seconded by Member Cornwall, and unanimously carried, that Assessment 'Nos. 12-8-28 and 12-8-29 be reduced one-half each, and that the difference between the original assessment and such reduced assessment be spread proportionately among the other assessments in Local Improvement District No~ 12, and that the District Engineer be directed to correct the assessments accordingly, and further action in relation to the confirmation of said Assessment be continued until Thursday, December 22, 1949 at 8:00 o'clock p.m. APPOINTMENT OF JOHN L. MASON AS ACTING DISTRICT ENGINEER Member Johnson, seconded by Member Smitten, moved the adoption of Resolution No. 527: RESOLUTION NO. 527 BE IT RESOLVED that commencing January 1,1950, John L. Mason be and he is hereby appointed Acting Distrièt Engineer of Central Contra Sanitary District. PASSED AND ADOPTED by the District Board of Central Contra Costa Sanitary District, County of Contra Costa, State of California, this 15th day of December, 1949, by the following called vote: AYES: NOES: ABSENT: Members Johnson, Smitten, Toland, Cornwall and Wadsworth Members - None Members - None /s/ H. M. Smitten, Secretary /s/ R. E. Wadsworth, President of the District Board ,of Central Contra Costa Sanitary District 12 15 49 164 P AIMENT 0 F BILLS It was moved by Member Smitten, seconded by Member Toland, and unanimously carried, that the Board authorize payment of bills presented as checked by the Manager and approved by the Auditing Committee: VOUCHER 2225 2226 2227 2228 2229 2230 2231 2232 .v-¿ 234 2235 2236 2237 2238 2239 2240 2241 2242 ~ 2243 2233 2244 2245 2246 2247 2248 2249 2250 2251 2252 NAME T. Montano F. Gonsalves R. Young J. I. Gallagher D.K.Young Butterfield Bros. C.T.Barber Duncan Plumbing Butterfield Broa. D.C.Peacock D.K.Young Duncan Plumbing J. 1. Galla.gher Pac. Gas & Elec. II Coast Counties Gas W. H. Brailsford R. W. Harrison Bank of America Stolte, Inc~ A. Carlisle & Co. John Schroder, , 1¡Jalnut Kernel Courier Journal A. Lietz Co. Farmers Feed & Supply Diablo Printing Co. W. C. Studio Deposit refund II II II II AMOUNT $30.00 30.00 15.00 15.00 15.00 96. .00 15.00 15.00~ 105.00. 15.00 15.00 15.00 15.00 26.90 39.85 6.05 207.29 207.28 ' 13,770.40 .. 3,649.00 722.23 951.07 19.20 17.00 55.81 6.47 12.94 1.16 I 120,082.65 II II II II II " II " Elec. pump. station Office Office LID 6 II Cha~ T. Brown final Realignment WC sewer Bonds LID 5 & 11 Insurance Reprints Publishing Inspection supplies Supplies Forms Blue prints HEARING ON PETITION FOR ANNEXATION ELECTION ALAMO DANVILLE DIABLO AREA A Petition for annexation of Alamo-Danville-Diablo area was. presented to the Board accompanied by a bond in the amount of $100. requesting annexation of the Alamo-Danvil1e-Diablo area to Central Contra Costa Sanitary District. There were 185 letters received protesting the annexation, which letters represented 310 property owners. The majority of the protest letters were in the following form: liThe undersigned warrant that we are the owners of the real prop- erty described below, that we are registered voters residing on such property. . (property description) "The undersigned hereby protests the inclusion of the above des- cribed property in the proposed Danville-Alamo-Diablo annexation to the Central Contra Costa County Sanitary Dist~ict and petitions the said Sanitary District to exclude the same therefrom for the following reasons: ~In~allation of sewer facilities on the above described property and in the adjacent area is not necessary since there is no sarti- tary problem. Future need for sanitary facilities is precluded by restrictions ably enforced by the Contra Costa Planning Commission and the County Health Department. 12 15 49 165 "Assessments and increased taxes imposed on the above property as a result of installation of sewer facilities on the above property will result in undue hardships ,and will be equivalent of confiscation." The remainder of the letters of protest are quoted below: IIWe the undersigned object to being included in tþe area which is proposed to be annexed to the Centrs,l San it ary District. The follow- ing is a description of our property as given on the tax record~: (Description of property). Signed: Charles V. iOwler and Lucy M. Fowler." - - - - "Letter same as above from 101. M. Kramer and Bertha R. Kramer." - - - - "I, Hattie W. Mackay, the owner of the lands hereinafter described, hereby protest and objeèt to the inclusion of my said lands or any part thereof, within the boundaries of the territory in the Danville- Alamo-Diablo area which it is proposed be annexed to Central Contra Costa Sanitary District upon the following grounds and each of the~: . "I. My said lands will not, nor will any portion thereof, be benefited by the annexation of the whole or any portion thereof, to said Central Contra Costa Sanitary District. "2. Said lands consist of 11.03 acres more or less, of agricultural lands òn which there is a fully developed walnut orchard, pear orchard and prune orchard, which I have been farming for many years. Said la.nds are held' and owned by me for agricultural purposes and not for subdivision purposes. "3. There are two dwelling houses upon my said lands, in one of which I reside a portion of the yea,r and the other of which is occupied by the individual in charge of my ranch. Sewage is disposed of upon said land by means of septic tanks. Said septic tanks are adequate to take cP..re of all sewage upon said lands. "Said lands ownéd by me and hereinabove referred to, are more partic- ~larly described as follows: All that certain piece or parcel of land situate in the County of Contra Costa, State of California, described e.s follow-s: Lot Four (4) as said lot is delineated and so designated upon that certain map entitled: 'Map of the Hemme Subdivision of what is known as The Ford Tract in The Rancho San Ramon', which map was filed in the Office of the Recorder of Contra Costa County, California on March 4, 1895 in Map Book C, page 66. . "I respectfully request that you exclude all of my said lands from the boundari es of the territory proposed to be annexed to Cent ral Contra Costa Sanitary District. "Dated.: November 10, 1949. .s. Hattie W. Maekay" ------ liThe undersigned declare that we are the owners of the real property described below, that we are registered voters residing on this prop- erty. IILot C of Sec ,21 TIS RlW MDBM Less San Ramon Valley RY RW and less PORS Sold 37.759 Acres. "We wish to hereby protest the inclusion of above described property in the proposed Danville-Alamo-Diablo annexation to the Central Contra Costa County Sanitary District and petition said Sanitary District to exclude the above described property. "We believe the installation of sewer facilities on the above property is unwarranted as we have no sanitary problem. liThe assessments and tRY. burdenfrom such installation on our property would result in financial obligations we would be unable to meet. IIWe respectfully urge that you give our request your serious considera- tion for which we will be grateful. Signed.: S. M. and Myrtle C. Osborn. II 121549 166 "I, Mary B. Turner, the owner of the lands herein8.fter described, h?reby protest and object to the inclusion of my said lands with- in the boundaries of the territory in the Danville-Alamo-Diablo area which it is proposed be annexed to Centra.l Contra Costa San- itary District, upon the following grounds and each of them: "1. My said lands will not be benefited by the annexation thereof to said district. "2. Said land consists of 6.54 acres of agricultural lands on which there is a fully developed walnut and pear orchard which I have been farming for many years. Said lands are held and owned by me for agricultural purposes and for none other. "3. There is one dwelling house upon my said lands in which I now reside and have resided for over thirty years. Sewage is disposed of upon said land by means of a septic tank. Said septic tank is adequate to take care of all sewar:e upon said real property. . "Said lands owned by me, and hereinabove referred to, are more particularly described as follows: All that certain piece or parcel of real property situate in the County of Contra Costa, State of California, described as follows: "Beginning at a post in the Northern line of the Original Ford Tract in the Rancho San Ramon, from which point the stump of a ' white oak tree five feet in diameter, mentioned in'the field notes of said Ford Tract, bears North 54io East, distant eight links; thence running along the Northern boundary of said Ford Tract and Lot 3'of the Hemme Subdivision as follows: North 5410 East, E~ht links, a white oak tree five feet in di~eter; thence North 61i East Five chains to station; thence North 28-3/40 East One and 15/ 100 chains to sta,tion' on Western line of the right of way of the San Ramon Branch of the Southern Pacific Railway; thence running along the Western line of said right of way following the curva- ture of same, South 360 18' Ea.st One and 65/100 chains to station; thence South 330 33' East Two chains to station; thence South 280 53' East Three chains to station; thence South 240 23' East Seven and 14/100 chains to station in center of an avenue Forty feet in width; thence South 490 West running along center line of the. avenue Two and 97/100 chains to station; thence North'41io West at Twenty feet post on North line of avenue, Thirteen and 73/100 . chains to center of creek, Fourteen and 12/100 chains to the place of beginning. Containing an area of Six and 54/100 acres of land and being a portion of Lot Number 3 of what is known as the Henwe Subdi vi sion of the Ford Tract in the Rancho Sa.n Ramon. "Excepting from the above described tract of land the following piece, parcel or tract: Commencing at a point designa.ted.,as the white oak tree as indicated on the map filed in the Office of the County Recorder of Contra Costa County, State of California, of the Hemme Subdivision of the Ford Ranch and the Julius C. Reis Tract, being the intersection point between the two tracts of land; thence North 610 30' East Three Hundred and Thirty feet; thence North 280 47' East Eighty four and 2/10 feet; all to a stake, thence South 390 43' East, One Hundred feet, more or less, to the center of a creek; thence westerly in a meandering line along the center of said creek to the said white oak stump and point of beginning and containing 1/4 of an acre of land, more or less. , "I respectfully request that you exclude all of my said lands from the boundaries of the territory in the Danville-Alamo-Diablo area proposed to be annexed to Central Contra Costa Sanitary District. Dated November 10,1949. Signed: Mary B. Turner." 12 15 '49 167 HWe, the undersigned, warrant that we are joint owners of the real property described below and that we are registered voters residing on this property. "Lot #107 map of first addition to Rancho El Rio. "We hereby protest the inclusion of the above described property in the proposed Danville-Alamo-Diablo annexation to the Central Contra Costa Sanitary District .nd petition the said Sanitary District to exclude the 'same there from for the following reasons: ' "Installation of sewer facilities on the above described property is not necessary since there is no sanitary problem on this lot. "Our home is about 1300 feet in a bee line from the nearest point on Highway 21 along which, we assume, the nearest main sewer will be located. To suit the topography of the land any sewer line from our house would be much in escess of 1)00 feet in length; would require getting easements over 2 or 3 pieces of private property below us to the west and a crossing over San Ramon' Creek. The cost would be out of proportion to the value of our property. "If we are included in the proposed district and forced to install sewers the assessments for the sewer and laterals, the cost of making house connections to the sewer, the increased County assessments and taxes on the property would probably force us to sell provided we could find a buyer who would purchase the property with these charges hanging over it. "While we do not pretend to represent the other residents and property ,owners in the first addition to Rancho El Rio, we wish to call atten- tion to the fact that the rather rough topography of this first addition and the natural drainage to the south, southwest and west would require, for sewer, the installation of crossings over San Ramon Creek and many thousands of feet of laterals and house connec- tion to serve the few houses in this first addition at a cost that would be all out of reason. Signed: W. R. Wood and (Mrs) Caroline J. Wood.1I Mr. J. Thaddeus Cline, representing a la.rge number of protestant s gave reasons why this petition should not be considered by the Board. He stated thB.t it was not a new petition, but the same one that had been presented to the Board on November 10, 1949, with the removal of ý"'. of four affidavits, and the addition of , one, that the affidavit was on "belief II and that the law' makes no provision for "belief", that the circulators of the petition had not approached the signers of the original petition to ascertain if they desired to sign a new petition; that 196 signers were not on the last equalized roll as required by law. Mr. Cline requested time to prepare and present a list of the 196 names which were not valid. His request was granted, and the hearing was continued to a later date. ADJOURNMENT The President adjourned the meeting to December 22,1949 at 8:00 o'clock p.m. ~~~- Secretary of the District Board' of Central Contra Costa Sanitary District, Contra Costa County, California. ~~. ~~.,,'~ Presi~t of the DIštr1ct Board of Central Contra Costa Sanitary District, Contra Costa County, California. '..: ".'"' 12 15 49