HomeMy WebLinkAboutBOARD MINUTES 04-17-47
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RECESS !:!~ETnJG OF THE SANITARY BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT HELD
APRIL 17,1947
The Sanitary Board of the Central Contra Costa Sanitary District
held a recess meeting at the hour of 8:00 o'clock p.m., on Thursday,
April 17,1947, at the regular meeting place located in the Veteran's
Memorial Building on the Southeast corner of Locust and Mt. Diablo
Boulevard in the City of Walnut Creek, County of Contra Costa, State of
Californie.
President Weill reported to the Board that Secretary Cutler would
not be present due to illness.
President Weill advised the Board that
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he would entertain a motion to appoint e Secretary pro tem.
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Upon motion of Director Johnson, seconded by Director Tuttle and
unanimously carried, John L. Mason was appointed Secretary pro tem.
President Weill called the meeting to order and on cell of roll
the following directors were present:
Present - Directors Johnson, Toland, Tuttle and President Weill.
Absent - Director Wadsworth.
~n~"UTES APPROVED
The minutes of the preceding meeting of April 10,1947, were reed
end on motion duly made, seconded end carried, were approved as corrected.
LIABILITY INSURAYCE POLICY FILED
The policy of public liability insurance issued by the st. Paul Mercury
Indemnity Company protecting the Distriot, its officers and employees from
liability during the annexation election of April 14, 1947, was presented
and filed.
WORK1\íElrS COMPENSATION INSURANCE AU'ffiORIZED
It was moved by Director Johnson, seconded by Director Tuttle end
unanimously carried that the Secretary of the Sanit&ry Board be covered
by workmens compensation insurance immediately.
The President end Secra-
tary pro temwere instructed to obtain such insurance coverage.
CANVASS OF RETUmrS AT AIIilJW.TION ELECTION
OF APRIL 14,1947
The Affidavit of the publication of the resolution end order calling
the annexation election of April 14, 1947, was presented end filed.
The
Affjrlavit shows publicftion of the resolution and order calling the election
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on March 13,20,27 and April 3,1947, in the Walnut Creek Kernel, B
newspaper of general circulation published in the Sanitary District.
The Affidavit of G. ~. Cutler, Secretery of the Sanitary Board showing
a posting on ~~arch 14, 1947. of the resolution and order calling the
election in three (3) public places within the Sanita!Jr District and
in three (3) public places in each of the territories proposed to be
annexed, was presented and filed.
The Affidavit of G. S. Cutler, Secreta~r of the Sanitary Board
showing that he mailed on April 3, 1947, postage prepaid in Walnut
Creek, California. sample ballots, together with a card indicating the
appropriate polling place to each of the qualified registered voters
in the District and in the territories proposed to be annexed, was
presented and filed.
The President reported th~t the next order of business called for
the canvass of the ballots of the annexation election of April 14, 1947,
on the proposal to annex the Alamo-Danville Area, Territory No. land
Orinda Area North of the Crossroads, Territory No.2.
The Secretary reported to the 30ard that a count of the ballots
showed the results tabulated as follows:
Proposition No.1 Proposition No.2
Alamo-Danville Area Orinda Aree North
Territory No.1 of the Crossroads
Territory No.2
Consolida ted
Precinct No. For Against For Against
1 61 3 54 4
2 81 7 82 5
3 33 0 34 1
4 65 5 78 6
5 105 2 102 4
6 68 13 66 11
7 50 1 42 3
8 67 10 61 14
Totals 530 41 519 48
Consolidated
Precinct No.
9 -Alamo-Danville Area
Territory No. 228 323
Consolidated
Precinct No.
10 - Orinda Area North of
the Crossroads
Terri tory :!'Io. 2 289 141
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Director Tuttle thereupon offered the following resolution which was
unanimously ado~ted:
RESOLUTION NO. 17
RESOLUTION AND ORDER APPROVING A PETITION REQUESTING THAT
CERTAIN TERRITORY BE ANNEXED TO CENTRAL CONTRA COSTA SA.'NITARY
DISTRICT Mill ORDERING THAT SAID PETITION BE TRANSMITTED TO
MID FILED WITH THE BOARD OF SUPERVISOR.S OF THE COUNTY OF
C aNTRA CO STA
( Orinda
Area North of the Crossroads, Territory No.2)
ìffiEREAS, a Petition in eleven sections signed by twenty-five (25%)
percent of the freeholders residing in the territory described therein
proposed to be annexed to the Central Contra Coste Sanitary District.
as shown by the last equalized assessment roll of said County of Contra
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Costa. was presented to this Sani tery Board on the 27th day of Februa ry.
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1947, at the hour of 8:00 o'clock p.m., of said day at the regular place
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of meeting of said Sanitary Board in the Veteran's Memorial Hallloceted
on the Southeast corner of Locust and Mt. Diablo Boulevard in the City
of Walnut Creek. County of Contra Costa, State of California, asking that
said territo~r be annexed to said Central Contra Costa Sanitary District
by election under the provisions of Pert I of Division VI of the Health
and Safety Code of the state of California; and
VŒEREAS, upon the said hearing of said Petition duly end regularly
held at said time and place, the Sanitary Board of the Central Contra Costa
Sani tary Distric t found end determined that all of the facts set forth in
said Petition are true and that all acts end conditions and things required
by law to be done precedent to the hearing of said Petition by the Sanitary
Board had been done and had been performed in regular and due form and in
strict compliance with 'the provisions of law authorizing the presentation
of said Petition and that all the territory described in said Petition will
in the judgment of said Sanitary Board be benefited by annexation to said
Sanitary District, and approved said Petition as originally presented and
made an order describing the exterior boundaries of said territory proposed
to be annexed, end
YŒEREAS this Sanitary Board ~t said time and place passed and adopted
a resolution and order ordering thp.t an election be held in acoordence
wi th the Drovis; ons of the Health and Safety Gcrle of the State of California
at the places designated in said resolution in said Central Contra
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Costa Sanitary District and at the place design~ted in said contiguous
terri tory proposed to be annexed thereto on Jlonday the 14th day of
April, 1947, from the hour of 7:00 o'clock a.m., of said day until the
hour of 7:00 o'clock p.m., of said day for the purpose of submitting
at said time and nlaces to the qualified voters of the Central Contra
Costa Sanitary District and of the contiguous territory proposed to be
annexed thereto which is hereinafter described, the question whether
or not the said territory should be annexed to said Central Contra Costa
Sani tary Distric t, and
V~,REAS, in accordance with and pursuant to said resolution and
order of said Sanitary Board said special Sanitary District annexation
election was duly and regularly held and conducted in said District and
in the hereinafter described contiguous territory proposed to be annexed
to said District on the 14th day of April, 1947, between the hours of
7:00 o'clock a.m., and 7:00 o'clock p.m., of said day, pursuant to and in
conformi~ of lew and with said resolution and order ceIling seid election,
end
YiHEREAS, the election officers appointed to conduct said election and
who did conduct said eJection did seal end deliver to the President of
this Sanitary Board the ballots cest in said election, and
WHEREAS, this Sanitary Boerd did, f1t a recess meeting held on the
17th day of April, 1947, at the hour of 8:00 o'clock p.m., at its regular
place of meeting canvass the returns of said election at which election
the following proposition was submitted to the qualified voters resident in
said Sanitary District and in tho territory proposed to be annexed thereto:
FOR ANNEXATION
TO THE SAFITARY DISTRICT
AGAINST ANNEYc!TION TO THE SAHITARY DISTRICT
and from the said returns this Sanitary Board found and declared that the
votes cast at said election were in the manner following:
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Special Sanitary
District Annexation
Eleotion Consolidated
Precinct No.
For Annexa-
tion to the
Sanitary
District
Against An-
nexation to
1ne Sanitary
District
Total
Votes
Cast
Rejeoted
and Void
Bellots in
Addition
1
54
4
58
None
2
82
5
87
"
3
34
1
35
"
4
78
6
84
"
5
102
4
106
77
"
6
66
11
"
7
42
3"
45
"
8
61
l4
75
"
TOTALS
519
48
567
None
Orinda Territory No.2
10
289
141
430
None
The t a total of 430 votes were cast in the territory proposed to be annexed
to said Sanitary District; that of said 430 votes 289 thereof constituting
a majori~ of the v~tes in the territory proposed to be annexed were cast
in favor of annexation and 141 tllereof were cast against annexation; that
a total of 567 votes were cast in said District; that of said 567 votes
519 ~1ereof constituting a majority of the votes in the District were cast
in favor of annexation and 48 thereof were cast against annexation; and that
there was in addition no rejected and void ballot s in said territory proposed
to be annexed and no rejected and void ballots in said Distrio t; and this
B08rd further found and declared thct a majority of the votes cast in said
terri tOT;1J proposed to be annexed and the majority of th~ votes cast in
said Distr~t were in favor of said annexation, and
ì'lTIEREAS, said elecHon was duly rcgula rly and legally called, held and
conducted in the manner as provided by law and each and all of the acts,
conditions, matters and thin[s in the nremises required and provided by
law to be done end performed were done and Derfo~ed in due, regular and
legal form and in strict accordance with and as provided by the provisions
of the statute and the law authorizing the annexation by election to a
sanitary district of territory contiguous thereto and in the same county,
and thi s Sanitary Doe rd so finds;
NOW THEREFORE, BE IT RESOLVED that this Sani taT;1J Board does hereby
approve said petition and the Secretary of this Sanitary B~ard be and he
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is hereby ordered and directed to enter in the minutes of this meeting
and indorse on said ~etition this order approving the said petition
and to tronsmi t to and file with the Boa rd of Supervisors of the County
of Contra Costa the said petition with this order approving the same indor-
sed thereon;
BE IT ~JRT~BR RESOLVED that this Sanitary Board does hereby request
the Boe rd of Sure rvi sorB of the Coun'tJr of Contra Cas ta, State of Gal ifornia
at its next regular meeting held efter said petition witl1 this order
approving the same indorsed thereon has been filed with it~ to alter the
bnundaries of the Central Contre Costa Sanitary District and to annex
~ìeret~ the said territory proposed to be annexed described in said petition,
and which is more particularly described as follows:
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BEGINNING at a point on the existing boundary of the Central Contra
Costa Sanitary District at the northwestern corner of Rancho Acalanes which
point is also a point in the southern boundary of the Rancho Boca de la
Canada del Pinole and running thence westerly along said Rancho line to its
intersection with that certain parcel of land described as Parcel No.1 in
the deed thereof recorded in Vol. 459 of deeds at page 45, Official Records
of Contra Costa COÙllty, California; thence northerly, northwesterly, south-
. westerly and Southerly along the eastern, northern and western boundaries of
said Parcel No.1 to the southwest corner of said parcel which point is also
the southwest corner of Tract No.2 of the said Rancho Boca de la Canada del
Pinole as said tract is numbered and described in a Decree of Final Partition
of said Rancho, entered Nov. 26, 1872 in the 15th Judicial District
Court and recorded in Vol. 4 of Judgments at page 110 in the office of the
County Recorder of Contra Costa County, California; thence easterly along
the Southern line of said Tract No.2 of said Rancho to its intersection with
the northwest corner of Parcel No.2 as described in the aforementioned deed
which corner is also a point in said Rancho line; thence southerly and south-
easterly along the western and southern boundaries of said Parcel No.2 to the
intersection of that boundary with "Fairvmy Acres" as the same is shown on the
map thereof of record in Map Book 21 at pages 576-578 of said official records
which intersection is also the most northerly point of said "Fairway Acres";
thence southeasterly, southerly, northwesterly and northerly along the north-
eastern, eastern, southern and western boundaries of said "Fairway Acres" to
the most westerly point thereof which point is also the northeastern corner of
"Orinda Villa Park" as said tract is shown on the map thereof on file in Map
Book 11 at page 263 of aforesaid Official Records; thence westerly, southerly,
westerly and southerly along the northern and western lines of said tract to
the southwestern corner thereof which corner is on the eastern line of "Lake
Orinda Highlands" as said line is shown on the map of said "Lake Orinda
Highlands" of record in Map Book 20 at pages 528-536 of aforesaid Official
Records; thence following southerly, southwesterly, southeasterly and southerly
along the eastern boundary of said tract to the southeastern corner thereof
which corner is also the southwestern corner of "Orinda Park Terrace" as
delineated on the map of the "Resubdivision of Blocks F, M and L" of record in
Map Book 18 at page 414i of said official records; thence easterly along the
southern line of said "Orinda Park Terrace" and along the southern line of
"Garden of Eden" tract as shown on the map of said tract of record in Map
Book 1 at page 18 of aforesaid Official Records and along the southern line
of "Orinda Town Site" as shown on the map thereof of record in Map Book 1 at
page 21 of aforesaid Official Records to a point in said southern line distant
150 feet at right angles westerly from the western line of San Pablo Creek
Road; thence southerly parallel to said western line of said San Pablo Creek
Road to the intersection of said line with the existing boundary of the
aforesaid Central Contra Costa Sanitary District. and thence northwesterly,'
southeasterly, easterly, northeasterly, easterly, northeasterly, northerly,
northeasterly and northerly along said Sanitary District boundary to the point
of beginning.
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Director Tuttle moved the t the above resolution and order be
adopted.
Said motion was seconded by Director Toland and on roll call re-
suI tad in the following vote:
AYES - Directors Johnson. Toland, Tuttle and President Weill.
NOES - Direotors None
ABSENT - Direotor Wadsworth
The President declared the motion carried and the resolution and
order finally passed and adopted.
ALAUo-DA.'NVILLE PETITION TERRITORY
NO.1 DISAPPROVED
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Director Toland thereupon offered the following resolution and
order which was unanimously adopted:
RESOLUTION NO.1S
RESOLUTION A1'ID ORDER DISAPPROVING A PETITION
REQUESTING THAT ALAMo-DANVILLE AREA TERRITORY
NO.1 BE ANNEXED TO THE CENTRAL CONTRA COSTA
SANITARY DISTRICT
WHEREAS, a Peti tion signed by twenty five (25%) percent of the
freeholders residing in the territory described in said Petition (Alamo-
Danville Area Territory No.1) proposed to be annexed to the Central
Contra Costa Sanitary Distriot as shown by the last equalized assessment
roll of said County of Contra Costa was heretofore presented to this Sani-
tary Board and after hearings duly and regularly held thereon, this Sani-
tary Board, on the 27th day of February, 1947, pessed and adopted a resolu-
tion and order ordering that an election be held in accordance wi tb the
provisions of the Health end Safety Code of the State of California at
the places designeted in said resolution in said Central Contra Costa
Distriot and at the place designated in said Alamo-Danville Area Terri to¡'Y
No.2 proposed to be annexed thereto on Monday the 14th day of April, 1947,
end
WHEREAS, and in accordance with said resolution and order of said
Sanitary Board said special Sanitary District annexation election was duly
end regularly held end conducted on the 14th day of April, 1947, and
WBEREAS, this Sanitary Board did at a recess meeting held on the
17th day of April, 1947, at its regular place of meeting canvass the returns
of said election;
That from the canvass of the returns of said election it appeared
that a total of 551 votes were cast in the territory proposed to be annexed
in said Sanitary District; that of said 551 votes 228 thereof constituting
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less then a majority of the votes in the territory proposed to be
annexed, were cast in favor of annexation and 323 thereof were cast
against annexation; that a total of 571 votes were cast in said District
on the proposal to annex said territory; that of said 571 votes 530
thereof constituting a majority of the votes in the Distriot were cast
in favor of annexation and 41 thereof were cast Ðgainst annexation and
this Board further found and declared that 8 majori ty of votes cast in
said territory were against annexation of said territory and that a
majority of the votes cast in the District were in favor of annexation.
nov{ THEREFORE, BE IT RESOLVED that this Sent tery Board does
hereby disapprove said Petition for annexation of the Alamo-Danville
Area Territory No.1 and the Secretary of this Sanitary Board be and
he is hereby ordered and directed to enter in the minutes of this meeting
and ind orse on said Petition this order disapproving the said petition
Direotor Toland moved that the above resolution and order be,
adopted.
Seid motion was seconded by Direotor Tuttle and on roll call
resulted in the following votes:
AYES:
Direotors Johnso~, Toland, Tuttle and President Weill.
NOES:
None
ABSENT:
Director Wadsworth
PURCHASE OF ADDITIONAL 10.63 ACRES OF
LOUCKS PROPERTY APPROVED
Mr. Mason reported to the Board relative to negotiations with Mr.
Tinning on the purchase of Annie Louoks property for the disposal plant
site.
He reported to the Board that they had offered to sell an additional
10.63 acres at the same price of Four Hundred end OO/lOOths ($400.00)
Dollars per acre.
The Dis tric t Ehgineer recommended the purcha se of this additional
property.
It was moved by Direotor Tuttle and seconded by Director Toland that
the proposed option to purchase the Annie Louoks property heretofore
approved inolude,~ the additional 10.63 acres at a price of Four Hundred
and OO/lOOths ($400.00) Dollars per acre and that the Deed ,to be deposited
in escrow by Miss Louoks include
such additional acreage.
The motion was carried by the follovring vote:
AYES:
Directors Johnson, Toland. Tuttle and President Weill.
NOES:
Direotors None
ABSENT: Di rector Wadsworth
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THE MORAGA cm[p~TY AND RHEEM CONTRIBUTION ACCEPTED
WITHOUT THE NECESSITY OF ALAMo-DAl1VILLE ANNEXATION
Attorney Brailsford read letters from The Moraga Company and the
attorneys for Donald L. Rheem offering to make the Two Hundred Fifteen
and OO/100the ($215,000) Dollere, contribution on the terms heretofore
proposed regardless of the failure of the annexation to the Distriot
of the Alamo-Danville Area Territory No. I.
It was moved by Director Johnson, seconded by Direotor Toland
that the Sanitary Board eccept the proposal of The Moraga Company and
Doneld L. Rheem to make the contribution of Two Hundred Fifteen and
00/100ths ($215,000) Dollars to the District on the termB and conditions
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heretofore proposed and to omit from the proposed contract any reference
to the Alamo-Danville annexation.
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The motion wes carried by the following vote:
AYES:
Directors ,Johnson, Toland, Tuttle end President Weill.
NOES:
Directors None
.&B SE1IT :
Direotors Wadsworth.
BOND ISSUE $2,400,000 APPROVED
The District Engineer reported to the Boerd on his preliminary
plans and the anticipated cost of the proposed trunk lines and disposal
plant project.
After discussion it was moved by Director Tuttle and seconded by
Direotor Johnson that the forthcoming bond election provide for the
authorization of a bond issue of Two Million Four Hundred Thousand and
OO/lOOths ($2,400,000) Dollars.
The motion was carried by the following vote:
AYES:
Directors Johnson, Toland, Tuttle and President Weill.
NOES:
Direotors none
ABSENT:
Director Wadgworth
EMPLO~.ÆNT OF CLERK
It was moved by Direotor Tuttle and seconded by-Direotór Johnson
that Mrs. Winifred Brakke be employed as Clerk at a compensation of One
Hundred Fifty and OO/lOOths ($150.00) Dollars per month and that the
Secretary Pro Tem be instructed to advise Mrs. Brakke of her employment.
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The motion was carried by the following vote:
AYES: Directors Johnson, Toland, Tuttle and President Weill
NOES: Directors None
ABSENT:
Director Wad~orth
There being no further business the meeting was adjourned to
April 24, 1947.
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LÆWSON H. \VEILL, President of the
Sanitary Board of Central Contra
Costa Sanitary District
COUNTERSIGNED:
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¡ill. [ ((,~." -
HN L. HASaN, Secretary Pro Tam of
the Sanitary Board
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