HomeMy WebLinkAboutBOARD MINUTES 01-08-48
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MINUTES OF THE REGULAR MEETING
OF THE SANITARY BOARD OF CENTRAL
CONTRA COSTA SANITARY DISTRICT
HELD JANUARY 8. 1948.
The Sanitary Board of the Central Contra Costa Sanitary
District convened in regular session at its regular place of
meeting located at 1335 Commercial La~€, in the City of Walnut
Creek, County of Contra Costa, State of California, on the 8th
day of Janu~ry, 1948, at the hour of 8:00 p.m.
The meeting was called to order by President Weill.
The
following roll was called:
PRESE~JT :
ABSENT:
Directors Johnson, Smitten, Wadsworth anã. Weill.
Director Toland.
READING OF MINUTES
It waS moved by Director Smitten, seconded by Director
Jo~nson that the reading of the Minutes of the previous meeting
be waived, and be approved as entered.
Carried by the following
vote:
AYES:
Directors Johnson, Smitten, Wadsworth and Weill.
NOES:
None
ABSENT: Director Toland
Director Toland arrived.
PACHECO-HIGHWAY JUNCTION ANNEXATION
After the District Engineer reported to the Board that it
was to the best interest of the District and the Pacheco-Highway
Junction area to be annexed to the District, Director Smitten
offered the following resolution, seconded by Director Wadsworth:
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RESOLUTION NO. 114
mŒREAS, a Petition, signed by the owners of real property
in the territory proposed to be annexed to the CEnTRAL CONTRA
COSTA SANITARY DISTRICT, which real property represents Seventy-
Five per cent (75%) of the total assessed valuation of the
territory as shown by the last equalized assessment roll of the
County of Contra Costa, was presented to this Sanitary Board on
the 8th day of January, 1948, at the hour of 8:00 o'clock p.m.
of said day, at the regular place of meeting of said Sanitary
Board at 1335 Commercial Lane, in the City of Walnut Creek,
County of Contra Costa, State of California, asking that said
territory be annexed to said Central Cont~a Costa Sanitary
District without an election under the provisions of Article
3, Part I of Division VI of the Health and Safety Code of the
3tate of California, and an Affidavit of Publication of said
Petition and of a Notice stating the time of hearing of said
Petition to be presented to this Sanitary Board, was filed at
said tillie and place, and
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WdEREAS, said Petition designates specifically the bound-
aries of the territory proposed to be annexed and its assessed
valuation as shown by the last equalized assess~ent roll of the
Count~. of Contra Costa and shmvs -the amount of real propert;r
awned by each of the petitioners and its assessed valuation as
shown by the last equalized assessment roll of said county, and
WH:3:REAS, said Pet it ion states that the te!'I"'i tor,}" is not in
any other Sa~ltary District and th&t said territory is in the
same CO~l:ltJr as sRid CENTRAL Cm~TRA COSTA .:JAIGTARY DIST?ICT, is
contiguous t~ereto, and is not within the limits of any othe~
Sanitary Dist:c'ict; and requests that the territory so described
be annexed to this District, and
WHEREAS, the Petition is verified by the Affidavit of four
(4) of the petitioners, and
WHEREAS, no written pI'otests against the annexation of said
territory to said Sanitary District have been filed with this
Sa~itary Board, and
WHEREAS, at said hearing no oral protests were made to this
Sanitary Board against the annexation of said territory to said
Sanitary District, and
WHEREAS, at the time of place fixed in said Notice for said
hearing, this Sanitary Board proceeded to hear said Petition and
all persons therein who appeared, and said hearing was completed
at said time and place, and
\vHEREAS, said Petition a.nd said Affidavit 6ho\'1, and after a
full, hearing, examination, B.nd investigation this Sanitary Boa¡Od
has found and does hereby find and declare, that said Petition is
duly verified by the Affidavit of four (4) of the petitioners;
that caid Petition was duly published for at least two (2) weeks
preceð.ing its hearing by this Sanitary Board, together with
Notice ,that said Petition be presented to this Sanitary Board on
Thursday, the 8th day of January, 1948, at the hour of 8:00
o'clock p.m., of said day, in the meeting room of said Sanitary
Board located as hereinbefore described and that at said time
and place all psrsons interested therein might appear and be
heard on December 22, 1947, and on December 29, 1947, in the
Courier-Journal, a newspaper of general circulation, published
in said District; that the Affidavit of such publication has
been presented to and is on file with this Sanitary Board;
That said petitioners are the ow~ers of land constituting
Seventy-Five per cent (75%) of the total assessed valuation of
the territory proposed to be annexed as spawn by the last equal-
i~ed 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 Sanit~ry Board have been
done and have been performed in. regular and due form in strict
compliance with provisions of the law B.uthorizing the presentation
of this Petition.
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 Sanitary
Board does hereby find and deter~ine that the annexation of the
te~rltory therein and hereafter described is for the best interests
of the District and said contiguous territory.
2 - That upon such final hearing, this Sanitary Board does
hereby find and determine that all of the territory described in
said Petition will, in the judgment of this Sanitary Board, be
benefited by annexation to said Sanitary District.
3- That the exterior boundaries of the territory so proposed
to be annexed to the CENTRAL CONTRA COSTA SANITARY DISTRICT and
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specifically described in said Petition, are hereby fixed and
described as follows:
Beginning at the point of intersection of the eastern
line of State Highway No. 21 between Walnut Creek and
Martinez with the eastern extension of the center line
of Monument Road, said point of intersection being the
northeastern corner of the original and now existing
boundary of Central Contra Costa Sanitary District and
running thence northerly a.long the said eastern line
of Highway No. 21 to a point thereon northerly 15 feet
from the south line of tha.t certain 20 acre parcel of
land described in the deed therefor to Bernardo Giussi
of record in Vol. 345 of Official Records, at page 448;
thence parallel to the south line of the Giussi parcel
above referred to easterly to a point distant 200 feet
measured at right angles from the said eastern line of
Highway No. 21; thence northerly parallel to the said
ea.stern line of said highway to the southern line of
that certain parcel of land deeded to Euginio Gianelli
which deed is of record in Vol. 482 of Deeds at page
372; thence along the southern line of said parcel and
the eastern extension thereof 710 feet; thence north-
erly parallel to ~he eastern line of said Highway No.
21 to the northern line of said Gianelli parcel; thence
along said northern line of said parcel westerly to the
eastern line of said highway; thence along the said
eastern line of said Highway No. 21 northerly to the
point of intersection thereof with the northwestern
line of that certain parcel deeded to the U. S. for
airport purposes which line has the bearing of N230281
40"E as set forth in the deed therefor recorded in Vol.
737 of Official Records at page 249; thence along said
northwestern line of said airport parcel N23O2814ù"¡:
to the southwesterly prolongation of the southeastern
line of Block 24 as said Block 24 is delineated on the
Map of Pacheco of record in Map Book E, at page 95;
ttence northeasterly along said southwester'ly extension
of and the southeastern line of said Block 24 and the
northeastern extension thereof to the western line of
Willow Street as the same is delineated on saiQ Map of
Pacheco; thence northerly along the said western line
of Willow Street and the northern extension thereof to
the northern line of Monument Street as also delineated
on said Map of Pacheco; thence along the northern line
of said Monument Street westerly to a point distant
thereon 608.43 feet easterly from the southwestern cor-
nel' at that certain parcel deeded to Salmi which deed
is of record in Vol. 108 of Official Records at page
132; thence N6°121 34"W 896.24 feet; thence 882041lW
888 feet more or less to the most eabtern corner of
that certain 5.41 acre parcel deeded to Wright which
deed is at record ðn Vol. 192 of Official Records at
page 15; thence N7 19'W 754.12 feet along the eastern
line of said Wright parcel to the northeastern corner
thereof; thence southwesterly along the northwestern
line of said parcel to the northwestern corner thereof;
thence in a straight line northwesterly 400 feet more
or less to the southeastern corner of that certain 10.84
acre parcel deeded to John Loucks and described in said
deed as recorded in Vol. 854 of Official Records at page
253; thence along the northeastern boundary of said
parcel N8058'20"W 636.96 feet to the most northern cor-
ner of said parcel; thence in a straight line northerly
850 feet more or less to the southeastern corner of that
certain parcel of land described in the deed to Anne
Loucks recorded in Vol. 561 of Official Records at page
36; thence northerly and westerly along the eastern and
northern boundaries of said last named parcel to the
eastern line of the County Road Pacheco to Avon; thence
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southerly along the eastern line of the said road to AvDn
to the intersection thereof with the eastern line of the
Pacheco ~artinez road; thence southerly thereon to its
intersection with the southern line of the Arnold Indust-
rial Highway; t~ence westerly along said southern line of
said Highway to the intersection thereof with the south-
eastern boundary line of the right osf way of the Contra
Costa Canal; thence following the said eastern boundary
line of the said canal right of way, together with a
straight line connection thereof where said right of way
crosses the old county road adjacent to abd replaced by
said Arnold Highway, southerly to the intersection of said
ca.nal right of way line with the western line of Avenue
"D" as the said avenue is described in the deed to L. M.
Culver of record in Vol. 432 of Official Records at page
81 thence soo061W along said western line of said Avenue
IID" 130 feet more or less to the northern line of that
parcel of land described in deed Norbeck et al to Chas.
H. Smith et al in Vol. 586 of Official Records at page
107; thence soo06'w 1360.37 feet more or less to the
northern line of the Contra Costa Golf Club tract des-
cribed in deed therefor in Vol. 345 of Official Recoròs
page 335; thence easterly along the northern line of said
golf club tract to the most northeastern corner thereof
which corner is a point in the western line of that cer-
tain parcel of land designated as parcel 5 in the deed to
Gertrude Slatel' of l'ecord in Vol. '-1-09 of Deeds at page
196; thence following the western and southern boundaries
of said Slater tract southerly ana easterly to the south-
easter'n corner of said trac.t in the center of Walnut Creek
(l.lore recently commonly known as Grayson Creek) in the
northern boundary of the land formerly owned by F. M. Warill-
castle; thence southerly along the center line of said
Walnut Creek following the ~~anderings thereof; said line
being also the eastern boundary of that certain Roche par-
cel described in deed recorded in Vol. 504 of Deeds at
page 91 to the southeastern corner thereof; thence con-
tinuing along the said center line of said creek, said
center line being also th~ dividing line between proper-
ties on either side thereof, southerly to the intersection
thereof with the northern line of that certain 160 acre
parcel of land described in deed to David Roche recorded
in Vol. 44 of Deeds at page 8, said point of intersection
being in said deed described as the southeast corner of
the 95 acre subdivision therein mentioned; thence from
said last named point continuing along the center line of
said creek being also a portion of the eastern boundary
of that certain 160 acre parcel described in deed to David
Roche of record in Vol. 325 of Deeds at page 471, the
several courses and distances as follows: S9O331¡ 29.04
feet, S32030'E 85.14 feet, S120431W 114.84 feet, S19O30lE
91.08 feet and S5o251E 126.72 feet to a point in said
center line of creek; thence leaving said creek and running
in a straight line southwesterly 1450 feet more or less to
a point in the southern line of the above mentioned 160
acre tract at the intersection thereof with the eastern
line of that certain 87.03 acre parcel of land deeded to
Albert Simmie and described in the record thereof in Vol.
351 of Official Records at page 185, said point being des-
cribed in said record as being the northeast corner of
what is known as the "Alex Boss 124 Acre Tract"; thence
southerly along the eastern line of said Simmie 87.03 acre
parcel and the southern extension thereof to the center
line of Grayson Road; thence. westerly along the center
line of Grayson Road to the northeastern corner of the
existing exterior boundary of the said Sanitary District
in said Road; thence along said existing boundary southerly
and easterly to the point of beginning. All of the herein-
before references to de~ds and map are to the official
recor~s of Contra Costa Coun~y, California.
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4 - That the President and Secretary of this Sanitary
Board be and they are hereby authorized and directed to ex-
ecute on the behalf of this Sanitary Board a Petition to
the Board of Supervisors of the County of Contra Costa
setting forth the proceedings heretofore 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. .
ADOPTED by the following called vote this 8th day of
January, 1948:
AYES:
Directors Johnson, Smitten, Tole.nd, Wadsworth
and Weill.
NOES:
None
ABSE1~T: None
/s/ Lawson H. Weill
President of the Sanitary Board
of CentrRl Contra Costa Sanitary
District of Contra Costa County,
State of California.
Countersigned:
/5/ G. S. Cutler
Secretary of the Sanitary Board.
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LABOR MINIMm~ WAGE SCALE
Mr. Gordon, representing Laborers' Union Local 32*, addressed
the Board reQuesting that the Board make a new determination of
the wage scale, and presented the following letter:
"Central Contra Costa San. Dist.
Walnut Creek, California.
Gentlemen:
On September 11, 1947, the Construction, General and Factory
Workers, Tunnel find Aqueduct Wol'kers, Local No. 324 of Contra
Costa County, communicated with your Board of Directors re-
Questing a determination of the prevailing ~age rate for
laborers on the work being contracted for by the District.
At ~hat time hearings were being held under the Davis-Bacon
Section of the prevailing wage rate for laborers on Federal
Public Works wi thin this coun.ty. Local No. 324 conte:1ã.ed
that the basic prevailing wage rate for laborers was $1.50
per hour, while the Associated General Contractors maintained
that it was $1.40 per hour. After a hearing pursua,nt to
Sections l770 and 1773 of the Labor Code of the State of
California, your Board of Directors adopted the wage rate
contended for by the Associated General Contractors.
The Solicitor's Office of the United States Department of
Labor hB.s now completed its survey and investigation of the
prevailing rates for laborers in this county. Effective
pecember 24, 19~7, the Secretary of Labor recognized the
~1.50, $1.625, il.75 and $1.875 per hour wage rates for the
respective classifications of laborers in Contra Costa County
on Federal Work. Enclosed herewith is a copy of the telegram
received by Local No. 324 evidencing this fact.
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The prevailin~ wage rates as recognized by the United
States Department of Labor a.re the wage rates which had
been previously approved by the Contra Costa. Building
and Construction Trades Council on May 8, 1947, and
adopted by all political subdivisions within this county
during the past six months with the exception of your
organization.
Local No. 324 now has complete statistical data to supvort
its contention that the rateo as contended for by them are
in fact the prevailing wage rates in this county. It is
therefore requested that a redetermination of the prevail-
ing wage rate for laborers be made at this time pursuant to
the provisions of the Labor Code of the State of California.
Your cooperation will be gre2tly appreciated,
Very truly Yours
CARLSON, COLLINS & GORDON
I sl G::'ORG.E R. GORDON
Attorneys for Construction and
General Laborers Union Local 324"
The Board advised Mr. Gordon that if he wou:d present a certified
statement from the Department of Labor at the meeting of January 22,
the Board would determine the rate for the next contract when it
was advertised for bids.
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SALE OF BALANCE OF BONDS
The Board requested the Attorney to obtain an opinion from
Mr. George Herrington on the legality of the District selling
~600, 000 of General Obligation B:mds.
SEWAGE TREATMENT PLANT WELL
Mr. Mason reported thpt a water well of the capacity of 250
gallons per minute would be required at the Disposal Plant.
It
was moved by Director Johnson, seconded by Director Wadsworth
that the Board authorize the DiÐtrict Engineer to issue the spec-
ificB.tion p.nd 013.11 for bid, without formal adver'tising, for a
contract for drilling a water well at the sewage plant site.
Carried by the following vote:
AYES: Directors Johnson,
NOES: None
AB3ENT: None
Smitten, Tolan~, Wadsworth And Weill.
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SELECTB:G ARCHITECT FOR NEW OFFICE BUILDD~G
Mr. LittlejJhn and Mr. Officer, architects, ~e~e introduced
to the Board in connection with architectural services in planning
the new office building.
The committee appointed to select an architect advised the
Board that they had not as yet decided upon an architect, but
that they would have soiliething definite to report at the next
meetir,g.
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DEEJ2__0F DEDIC~~J'ION
T~e following resolution was offered by DirEctor Johnson,
seco~ded by Director Smitte~:
RESOLUTION_NO. 115
¡ŒE REAS , HAR.VEY B. LYON and ELZANOR R. LYON, for -vi'}lue re-
ceived, ~ave granted a Deed of Dedication for sewer easement
of all that certain real property situate in the County of Contra
Costa, State of California, described as follows:
Portion of the Rancho El 50brante, described as follows:
A strip of land 10 feet in width lying between side lines
parallel with and 3 feet northerly measured at right
angles and parallel with and 7 feet southerly measured
at right angles from a line described as follows:
Beginning on the east line of the Rancho El Sobrante dis-
tant thereon S 00 401 E, 46.66 feet from the most north-
erly corner of the parcel of land described in the deed
from John Belden Wood, et aI, to Harvey B. Lyon, et aI,
dated November 19, 1946 and recordeã. March 17, 1947 (File
No. 10591); thence from said point of beginning N 780 051W,
166.19 feet; thence S 810 43' 30"W, 87.8 feet to a point on
the extension N 00 27&W of the east line of the parcel of
land described in the deed from East Bay Water Company to
Walter T. Wood, dated September 30, 1925 and recorded Nov-
ember 19, 1925 in Vol. 13 o~ Official Records, at page 186,
distant along said extended line S 00 27' E, 89.44 feet
from Highway Station 327+59.44. The easterly terminus of
said strip being the east line of the Rancho El Sobrante
and the westerly terminus of said strip being the extension
N 00 271W of the eaøt line of said Wooù parcel (13 OR 186).,
Said Deed of Dedication for sewer easement together with the
right of ingress thereto and egress therefrom to be used by the
Central Contra Costa Sanitary District for the purpose of con-
structing, laying, maintaining and operating sewer pipes therein
and thereupon together with appurtenances and appliances.
NOW, THEREFORE, BE IT RESOLVED that seid Deed of Dedication
be, and same is hereby accepted, and the Recorder of Contra. Costa
County be, and he is hereby authorized and directed to record
said deed.
PASSED AND ADOPTED this 8th day of JanuRry, 1948, by the
following vote:
AYE3: Directors Johnson, Smitten, Toland, Wadsworth and Weill.
NOES: None
ABSENT: None
Countersigned:
Is! Lawson H. Weill
President of the Sanita~y Board
of Central Contra Costa Sanitary
District
G. S. Cutler, Sec~etary
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D¡~D OF DEDICATION - I. C. TAYLOR
It was moved by Dir~ctor Johnson, seconded by Director Wads-
worth,
Ta.ylor
ouely.
.... ~~ ....
that the Board authorize the payment of $400 to 1. C.
for sewer eBeement through his property.
Carried une.nilll-
LACASSIE AVENUE SEWER LINE
The City of Walnut Creek, who are installing R 6" sewer pipe
in Lacassie Avenue, requested the Sanitary District for funds to
cover the difference in cost between a 611 and a 10 II pipe, EI.S the
Sanitary District woul~ have to install a lOll pipe eventually in
this location to ta~e care of the flow from outlying districts.
The Board had requested the Attorney to obtain an opinion from
the District Atto~ney as to the legality of such a procedure,
and the followin~ answer was submitted:
"Mr. W. H. Brailsford, Jr.
A~torney at Law
Bank of America Building
Oakland, California
WT - Agreement for Con-
tribution of C.G.C.B.D.
to City of W.C. towards
costs of sewer project
unðer Improvement District
proceedings.
Dear' Sir:
This is to acknowledge receipt of your letter of December 19,
1947.
It is the opinion of this office that the financial aid which
the Central Contra Costa Sanitary District proposes to extend
to the City of Walnut Creek for the purpose of installing a
larger sewer line than they had previously planned in consid-
era.tion of the service of unincorporated terr~ tory under the
jurisdiction of the sanitary district through such line, is
not a girt of public funds, and is a legal arrangment.
This office does suggest that the arrangement and a recital
of the consideration be embodied in a carefully drawn agreement
before the funds are allocated.
Yours very truly
Francis W. Collins
District Attorney
by: ì'¡akefield Taylor, Deputy"
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ADJOURNUENT
It ~va8 Hlo':ed--by--li~tor Johnson, 8~oonded by Direøtor 3mitton
-that -tR-e--Be-a-Pà-a-€l.~-PFì-t-e J anuA.pY-2-2,---l-9l+S.
Carri~d unanimously.
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Gec.ret~/-ß1"-'tfle --Sa-R-i-t-P-:r...y. Bo,')~-.-
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PAYMENT OF BILLS
It was ~oved by Director Johnson, seconded by Director Smitten
- ~
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Pr sident of t e Sa.ni ta:::-y Board
of Central Contra Costa Sanitary
District of Contra Costa County
State of CRlifornia.
that the followin~ bills be paid:
~v. H. Brailsford
Coast Counties Gas
G. S. Cutler
O. Gardner
E. Johnson
Pac. Gas and Elec.
Pac. Tel & Tel
M. Phillips
H. M. Smitten
H. W. Toland
R. E. Wads\vor'th
L. H. Weill
City of Walnut Creek
Dept. of Int. Revenue
Dahlgren's
Inland Typewriter Co.
C. C. Kennedy
C. C. Kennedy
Jo Marchant Cal. Mach. Co.
Ilr" 11 M. A. Ìiü.rphy
. 3'?~' f ..1" Walnut Kernel
I"',p.f Stolte, Inc.
I' Manuel Smith
Vo.
Attorney 369
Heat 370
Secretary 371
Office rent 372
Director 373
Electricity 374
Telephone 375
Clerk 376
Di~ector 377
Director 378
Director 379
Director 380
Water 381
Withholding M.P. 382
Office supplies 383
Office supplies 384
Engineering 388-
Loc. Impr. No.1 389-
Service agreement 385
Right of way agent 386-
Pub. proofs 387-
Pay. No. 1 Sec.I 391
Pa.y.No. 2 See.II 390,
Uarried unanimously.
ADJOURNNENT
It was moved by Director Johnson, seconded by Dt~ector
Smitten that the Board adjourn to Janu
1947.
ummimously.
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. .
;j¡,400.00
3.54
30.00
100.00
31.40
4.02
72.10
205.80
31. 40
30.00
32.21
30.00
1.50
132.60
2.71
. 2.27
5,780.38
677.77
29.00
1.32.19
4.12
14,890.59
8,393.40
Carried