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HomeMy WebLinkAboutBOARD MINUTES 02-19-48 (2) 82 MINUTES OF A SPECIAL MEETING OF THE SANITARY BOARD OF CENTRAL CONTRA COSTA SANITARY DISTRICT HELD FEBRUARY 19, 1948 The Sanitary Board of the Central Contra Costa Sanitary District convened in special session at its regular place of meeting located at 1335 Commercial Lane, in the City of Walnut Creek, County of Contra Costa, State of California, on the 19th day of February, 1948, at the hour of 8:00 p.m. The meeting waS called to order by President Weill. The follow- ing roll was called: PRESENT: ABSENT: Directors Smitten, Toland, Wadsworth and Weill. Director Johnson OPENING BIDS - SECTION IV MAIN TRUNK SEWER Bids for the construction of Section IV of the Main Trunk Sewer were received as follows: R. Goold & Son Paris Bros. Stanley H. Koller McGuire & Hester Stockton Berkeley Crockett Oakland $332,039.58 198,925.00 195,455.00 212,083.00 The bids were referred to the Engineer for tabulation. SPECIFICATION CHANGES - SEWAGE TREATMENT PLANT It was moved by Director Smitten, seconded by Director Toland that Addendum No.1 to Specifications for the Sewage Treatment Plant be adopted, as recommended by the District Engineer. Carried by the following vote: AYES: Directors Smitten, Tola.nd, Wadsworth and Weill NOES: None ABSENT: Director Johnson. CHANGE IN CONTRACT SPECIFICATIONS SECTION II MAIN TRUNK SEWER It was moved by Director Wadsworth, seconded by Director Smitten that the siphon crossing of Tice Creek be relocated to the north side of the Tice Creek Bridge near Newell Avenue. This change in location will eliminate the possibility of damage to private property, and water and gas mains. The contractor has agreed to make the change at the same price as bid in his contract. The District will assume the expense of $375 for moving one joint .02 l<a 48 83 power ~nd telephone pole. Carried by the following vote: AYES: NOES: Directors Smitten, Toland, Wadsworth and Weill. None ABSENT: Director Johnson. AWARD OF CONTRACT FOR SECTION IV The District Engineer recommended that the Board accept the bid of Stanley H. Koller as the lowest responsible bid, at a total contract price of $195,455.00 for construction of Section IV of the Main Trunk Sewer. The following resolution was offered by Director Toland, seconded by Director Wadsworth: RESOLUTION NO. 124 WHEREAS, this Sanitary Board on Thursday, January 22, 1948, authorized and did publish a call for bids on Section IV of the Main Trunk Sanitary Sewer in accordance with plans and specifica- tions therefor, heretofore approved and adopted by this Board, and WHEREAS, in response to said call for bids the following bids were received and opened on February 19, 1948, at 8:00 o.clock p.m., in accordance with the foregoing call for bids: BIDDER TOTAL BID PRICE R. Goold & Son PfI.ris Bros. Stanley H. Koller McGuire & Hester Stockton Berkeley Crockett Oakland $ 332,039.58 198,925.00 195,455.00 212,083.00 and, WHEREAS, the bid of the following contractor is the lowest responsible bid received: BIDDER Stanley H. Koller Crockett TOTAL BID PRICE 195,455.00 NOW, THEP~FORE, BE IT RESOLVED: (1) That the bid of Stanley H. Koller, at the unit prices set forth therein be, and the same is hereby accepted and the President is hereby authorized and directed to execute a contract on the be- half of the Central Contra Costa Sanitary District with said success- ful bidder and the Secretary be and he is hereby authorized to countersign the same on behalf of the District. (2) Immediately following the execution of the Contract by the successful bidder and the District, and upon the furnishing by the bidder of the bonds required by said Contract, the Secretary is hereby authorized and directed to return to the successful bidder such deposit as may have accompanied said bid, or to give such re- lease as may be requested from further liability upon the bidder's bond. (3) Upon the execution of a contract by the successful bidder and the approval on behalf of the Sanitary District of the accompany- ing bonds, the Secretary is hereby authorized and directed to return all certified checks accompanying the bids of the unsuccessful bidders. PASSED AND ADOPTED this 19th day of February, 1948, by the following vote: AYES: NOES: ABSENT: Directors Smitten, Toland, Wadsworth and Weill None Director Johnson Countersigned: " G. S. Cutler, Secretary' /s/ Lawson H. Weill President of r~e~anitîr~oarLL ~~ 84 BIDS FOR DRILLING WELL At the meeting of January 8, the Board authorized the District Engineer to issue informal call for bids for drilling a water well at the Treatment Plant site. The following bids were received: ,. James P. Treadway Total footage - Total footage - $3,265.00 George Lytle 1,635.00 The Board authorized the Resident Engineer to negotiate wit!1 Mr. Treadway, and give a report at the next meeting. CONSENT AGREEMENT WITH PACIFIC GAS & ELEC. It was moved by Director Toland, seconded by Director Smitten, that the President and Secretary be authorized to execute the agreement with the Pacific Gas and Electric Company covering a right of way through East Bay Municipal District property near Orinda Crossroads, where the Pacific Gas and Electric Company have a power line right of way. Carried by the following vote: AYES: Directors Smitten, Toland, Wadsworth and Weill NOES: None ABSENT: Director Johnson EASEMENT OVER PROPERTY OF E. ~~LONEY. Inasmuch as negotiations with Dr. Maloney failed, Director Toland offered the following resolution, seconded by Director Smitten: RESOLUTION NO. 125 WHEREAS this Sanitary Board has heretofore approved plans and specifications prepared by its District Engineer for the construc- tion of a main trunk sanitary sewer from a point in Lafayette to Orinda Village in the County of Contra Costa, State of California, commonly referred to as Sections III and IV of the main trunk sanitary sewer, and WHEREAS this Board has heretofore awarred contracts for the construction of said main trunk sanitary sewer in accordance with said plans and specifications, to which reference is hereby made; 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 the main trunk sanitary sewer as set forth in said plans and specifications and that easements over the real property here- inafter described are necessary for the constructing, laying and maintaining a sewer pipe therein of said main line sanitary sewer, Section III and IV, in accordance with said plans and specifications. Said easements are more particularly described as follows: PAHCEL 1. Permanent easement for installation of a sewer by trench excavation together with the right of ingress thereto and egress therefrom to-wit: 02 .. 19 48 . t" ,.' ~.J Portion of Lot 4 as designated on the map entitled "Monte Vista, Contra Costa County, California", which map was filed in the office of the Recorder of the County of Contra Costa, State of California, on August 16, 1937 in Volume 22 of Maps, at page 638, described as follows: A strip of land 10 feet in width lying 3 feet northerly and 7 feet southerly, measured at right angles from a line described as follows: Beginning on the east line of said Lot 4, distant thereon N 00 04' 25" E 69,28 feet from the southeast corner thereof; thence from said point of beginning, N 430 33155" W, 92.40 feet and S 720 07' 20" W, 50 feet. PARCEL ~. Permanent easement for installation of a sewer by tunnel- ing with no surface rights and with ingress thereto and egress therefrom over the land shown as Parcell only, to-wit: Portion of Lot 4, as designated on the map entitled "Monte Vista, Contra Costa County, California", which map was filed in the office of the Recorder of the County of Contra Costa, State of California, on August 16,1937, in Volume 22 of Maps, at page 638, described as follows: A strip of land 10 feet in width, the center line of which is described AS follows: Commencing on the east line of said Lot 4, distant thereon N 00 04' 25" E, 69.28 feet from the southeast corner thereof; thence from said point of commencement, N 430 33' 55" W, 92.40 feet and S 720 071 20" W, 50 feet to the actual point of beginning of the herein described center line; thence from said actual point of beginning, S 720 071 20" W, 145.46 feet to the east line of Charles Hill Road. TEMPORARY EASEMENT. A temporary easement over the following des- cribed property to continue for a period of time not to exceed one (1) year from the date of obtaining the order of possession: Portion of Lot 4 as designated on the map entitled "Monte Vista, Contra Costa County, California", which map was filed in the office of the Recorder of the County of Contra Costa, State of California, on August 16, 1937 in Volume 22 of Maps at page 638, described as follows: Beginning at the most northeasterly corner of said Lot 4 running thence 5 810 461 Wb 118 feet along the northerly boundary of said Lot 4; thence 5 17 521 40/1 E, 51 feet; thence N 720 071 20" E, 22 feet; thence S 430 33155" E, 124 feet to a point in the east- erly line of said Lot 4; thence N 00 041 25" E, 148 feet more or less to the point of beginning, excluding therefrom the lands described as Parcell above. BE IT FURTHER RESOLVED that W. H. Brailsford, Jr., 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 Super- . ior 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 aforesaid. PASSED AND ADOPTED this 19th day.of February, 1948 by the follow- ing vote: AYES: NOES: ABSENT: Directors Smitten, Toland, Wadsworth and Weill. None Director Johnson. Countersigned: Isl Lawson H. Weill President of the Sanitary Board Isl G. S. Cutler, Secretary " ~ l} .~ .~ 19 4 f3 ~, ( , (.)- PACHECO ANNEXATION The following resolution was offered by Director Smitten, seconded by Director Wadsworth: RESOLUTION NO. 126 RESOLVED by the Sanitary Board of the CENTRAL CONTRA COSTA SANITARY DISTRICT, that WHEF~AS, there has been brought to the attention of this Sanitary Board certain clerical errors appearing in Resolution No. 114, adopted the 8th day of January, 1948, as to the des- cription of the exterior boundaries of the territory commonly known as IIPacheco and Highway Junctionll, proposed by said reso- lution to be annexed to the CENTRAL CONTRA COSTA SANITARY DIST- RICT, NOW, THEREFORE, IT IS HEREBY ORDERED as follows: That said Resolution No. 114 be corrected to read as follows so as to set forth the true facts and that as so corrected, said Resolution be deemed as entered in the Minutes as of the 8th day of January, 1948: IlRESOLUTION NO. 114 - RESOLUTION AND ORDER DESCRIBING- THE EXTERIOR BOUNDARIES OF THE TER.."qITORY COl'4140NLY KNOWN AS 'PACHECO AND HIGHWAY JUNCTION' PROPOSED TO BE ANNEXED TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT WITHOUT AN ELECTION. II WHEREAS, a Petition, signed. by the owners of real property in the territory proposed to be annexed to the CENT?~L 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 Bani tax'y 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 CONTRA 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 State 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 time and place, and "WHEREAS, said Petition designates specifically the boundaries of the territory proposed to be annexed and its assessed valua- tion 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 "WHEP.EAS, 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 SANITA~Y DISTRICT, is contiguous thereto, and is not within the limits of any other Sanitary District; and requests that the territory so described be annexed to this District, and "WHEREAS, the Petition is verified by the Affidavit of four (4) of the petitioners, and II WHEREAS , no written protests against the annexation of said territory to said Sanitary District have been filed with this Sanitary 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 r-- ""'. " '-. r~ '. --j ~<.-'f 87 II WHEREAS , at the time and 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 II WHEREAS , said Petition and said Affidavit show, and after a full hearing, examination, and investigation this Sanitary Board has found and does hereby find and declare, that said Petition is duly verified by the Affidavit of four (4) of the petitioners; that said Petition was duly published for at least two (2) weeks preceeding 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 persons 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 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 equal- ized 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 Sanitary Board have been done and have been performed in regular and due form in strict compliance with provisions of the law authorizing the presenta- tion of this Petition. II NOW, THEHEFORE, 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 determine that the annexation of the territory hereafter described is for the best interests of the District and said contiguous territory. 2 - That at such final hearing, there appearing to be certain clerical errors in the description of the territory as contained in said petition and proposed to be annexed, this Aanitary Board does hereby find and determlne that all of the territory intended to be described in said petition and hereinafter described will, in the judgment of this Sanitary Board, be benefitted by annex- ation to said Sanitary District. 3 - That the exterior boundaries of the territory so proposed to be annexed to the CENTRAL CONTRA COSTA SANITAHY DISTRICT are hereby fixed and described as follows: All that certain real property situate in the County of Contra Costa, State of California, 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 along the said eastern line of High- way No. 21 to a point thereon northerly 15 feet from the south line of that certain 20 acre parcel of land described in the deed therefor to Bernardo Giussi and of record in Vol. 345 of Official Records, at page 448; thence parallel to the south line of the Guissi parcel above referred to easterly to a point distant 200 feet measured at right angles from the said eastern line of High- way No. 21; thence northerly parallel to the said eastern 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; themce along the southern line of said parcel 02 19 4'8' 88 and the eastern extensio~ thereof 51~ feet; thence northerly parallel to the eastern line of said Highway No. 21 to the north- ern 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 north- western line of that certain parcel deeded to the U. S. for airport purposes which line has the bearing of N 230 28' 4011 E as set forth in the judgment therefor recorded in Vol. 737 of Official Records at page 249; thence along said northwestern line of said airport parcel N 230 28' 4011 E 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; thence northeasterly along said southwesterly 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 said 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 corner of that certain parcel à.eeded to Solmi which deed is of record in Vol. 108 of Official Records at page 132; thence N 60 12' 34" W 896.24 feet; thence S 820 41' W 888 feet more or less to the most eastern corner of that certain 5.41 acre-parcel deeded to Wright which de9d is of record in Vol. 192 of Official Records at page 15; thence N 70 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 south- eastern 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 N 80 58' 20" W 636.96 feet to the most northern corner 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 W. S. Edmeades, recorded in Vol. 479 of Official Records at page 415; thence northerly and westèrly along the eastern and northern boundaries of said last named parcel to ~he eastern line of the county road known as Warehouse Road; thence southerly along the eastern line of the said road to the intersection thereof with the eastern line of the Pacheco Martinez road; thence southerly thereon to its intersection with the southern line of the Arnold Industrial Highway; thence westerly along said southern line of said Highway to the intersection thereof with the southeastern boundary line of the right of 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 con- nection thereof where said right of way crosses the old county road adjacent to ana replaced by said Arnold Highway, southerly to the intersection of said canal right of way line with the western line of Avenue "DII 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 S 00 06' W along said western line of said Avenue "D" 130 feet more or less to the easterly exten- sion of 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 N 890 54' W 170 feet more or less to the most northeasterly corner of the last mentioned parcel; thence 5 00 06' W 1360.37 feet more or less to the northern line of the Contra Costa Golf Club tract described in deed therefor in Vol. 345 of Official Records at 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 certain parcel of land designated as ~F.. ~.~ '. .>....' /-, L~~ 8' 89 parcel 5 in the deed to GeI'trude Slater of record in Volume 409 . of Deeds at page 196; thence following the western and southern boundaries of said Slater tract southerly and easterly to the southeastern corner of said tract in the center of Walnut Creek (more recently commonly known as Gray son Creek) in the nol"thern boundary of the land formerly owned by F. M. Warmcastle; thence southerly along the center line of said Wa,lnut Creek following the meanderings thereof, said line being also the eastern bound- ary of that certain Roche parcel described in deed recorded in Vol. 504 of Official Records at page 91 to the southeastern corner thereof; thence continuing along the said center line of said creek, said center' line being also the dividing line between properties on either side therenf; 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 Va. 325 of Deeds at page 471, said point of intersection being in said deed des- cribed 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 said 160 acre parcel of David Roche, the several courses and distances as follows: S 90 35' E 29.04 feet, S 320 30. E 85.14'feet, S 120 451 W 114.84 feet, S 190 301 E 91.08 feet and S 50 251 E 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 there- of in Vol. 351 of Official Records at page 185, said point being described 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 south- erly and easterly to the point of beginning. All of the herein- before references to deeds and map are to the official records of Contra Costa County, California. 4 - That the President and Secretary of this Sanitary Board be and they are hereby authorized and directed to execute on the behalf of this Sanitary Board a Petition to the Board of Super- visors of the County of Contra Costa setting forth the proceed- ings 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: NOES: ABSENT: Directors Johnson, Smitten, Toland, Wadsworth and Weill None None Countersigned: /s/ Lawson H. Weill President of the Sanitary Board of Central Contra Costa Sanitary District of Contra Costa County, State of California. /s/ G. S. Cutler Secretary of the Sanitary Board of Central Contra Costa Sanitary District of Contra Costa County, State of California." ADOPTED by the following called vote this 19th day of 02 1 9 4~ 90 February, 1948: AYES: NOES: ABSENT: Directors Smitten, Tole.nd, Wadsworth and Weill None Director Johnson Isl Lawson H. Weill President of the Sanitary Board of Central Contra Costa Sanitary District of Contra Costa County, State of California. Countersigned: Isl G. S. Cutler Secretary of the Sanitary Board of Central Contra Costa Sa~itary District of Contra Costa County, State of California. ADJOURNMENT There being no further business it was moved by Director Smitten, seconded by Director Wadsworth that the meeting adjourn to March 4, 1948, at 8:00 olclock p.m. Carried unanimously. . '~ 1 l\~\A-Jt-UJ:~ President of the Sanitary Board of Central Contra Costa Sanitary District of Contra Costa County, State of California. .' 02 W' .. ""'~.. ,~i""... ""... ,," . t1 g. ~ ......