HomeMy WebLinkAbout00. BOARD AGENDA 10-23-1947AC#ENDAFOR MEETING OCTOBER 23, 19 7
/ 1. Roll call.
/2. Reading of Minutes.
3. Receive Engineer's report and recommendation of award of contract
for Section 11 Main Trunk Sewer.
/ 4. Award contract for Section 11 Main Trunk Sewer.
/ 50 Hear Mr. DeLap concerning intentions of the Gogv estate regarding
contract on Section = Main Trunk Sewer.
RECESS
Recess to consider next action in regard. to Section 1.
.,r.6. Instruct attorney to make formal demand of estate of Toni L. Gogo
and on National Surety Corporation to produce executed contract
for Section I on or before 5 p.m., October 28, 1947.
. Pass resolution accepting deed. to Loucks property (Treatment Plant)
/8. Pass resolution accepting deed of dedication for sewer easement
on Le onhart property.
9. Authorize President and Secretary to execute supplemental agreement
with Southern Pacific Railroad Company covering change in easement
for Section I.
34.
Order condemnation of easement through Loucks property in Section
I. Mr. A. B. Tinning, attorney for Mies Loucks, and Mr. William
Sears, nephew of Miss Loucks have advised that she is now incomp-
etent to execute the grant of easement which has been agreed upon
in all particulars, namely at 10 per foot. Condemnation is
necessary in order that we may have possession of the property.
Receive report from Mr. Rothgery on Barker property in Section II
and order condemnation i n event that he was unable to reach an
agreement
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Report from Mason concerning negotiations with Orinda Country Club.
3i* Report from, Mason concerning rights of way in Section V, Main Trunk
Sewer, walnut Creek south, regarding coordination of Sanitary
District's work with planned widening of State Highway.
loo Discuss possible action in regard to Sanitary District's request
for concurrence of Board. of Supervisors in the installation of
District sewers within County roads. The status of this matter
is as follows:
a. On September 12 your Resident Engineer requested. the
Board of Supervisors to concur in the installation of
the District's trunk sewers in County roads listed in
letter of that date.
b. On September 20 Deputy District Attorney Wakefield
Taylor advised that the County Surveyor had recommended
that a deposit ofPoo be required for this work in
accordance with County Ordinance No. 185
c. After conferences with Deputy District Attorney Wakefield
Taylor and Mr. Brailsford, your Resident Engineer assumed
that the County could legal .y require a deposit and by
letter of September 23 to the Board of Supervisors
objection was made to the amount of deposit specified
because of the amount involved,
d. Tinder date of October 6 the Board of Supervisors entered
into its Minutes a motion authorizing a deposit of 5000
only to cover all of the work of the District in laying
sewers of the main trunk system in accordance with the
provisions of County Ordinance No. 185.
e. On October 9 this matter was brought before the Sanitary
Board and the opinion was then expressed that the County:
Ordinance was illegal as applied to the work of the
Sanitary District.
f. Mr. Taylor has personally advised. Messrs. Johnson, Brails-
ford
rails.ford and Mason that he considers that County Ordinance No.
185 can not have applied to work being performed under
the Sanitary District.
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On October 21 Mr. Jos. Barkley, County Surveyor, advised
Mason that the Board of Supervisors was gravely concerned
over the fact that the Sanitary Board did not consider
Ordinance No. 185 applicable to the Sanitary District's
work, and that he, as road commissioner, might find it
necessary to stop the work of the Sanitary District by
performing work with Oounty eauipment in the same area
if the District saw fit to proceed without permit from
the County. Mr, Barkley strongly urged that the Sanitary
Board meet with the County Board of Supervisors to "work
something out" to the mutual satisfaction of both bod.ie s.
h. In telephone conversation between Barkley and Mason on
October 23, Barkley stated that he was aware of the pro-
visions of Section 8 of County Ordinance No. 185, which
states as follows: "None of the provisions of this Ord-
inance shall apply to any work done or to be done in any
place where a permit is required under the provisions of
this ordinance when said work is done pursuant to a law
of the State of California, and that we could
probably get by, by disregarding the County ordinance.
Barkley stated that differences between the East Bay
Municipal Utility District and the County on this same matter
had been amicably adjusted and. that Ebmud now secures permits
for their sub -surface construction in Contra Oosta County roads,
however, Barkley admitted that Ebmud does not post any bond,
nor require its contractors to do s o a Barkley particularly
stressed the fact that the other public bodies, such as Stege
and Ban Pablo Sanitary Districts did. post bond with the County.
io The tenor of conversations between Barkley and. Mason and
reported conversations between Wakefield,. Taylor and fro Brails-
ford indicate that the Board of Supervisors anticipates some
written correspondence from the Sanitary Board or conference
with its members.
To summarize, it appears to your Resident Engineer that the
Oounty Surveyor and Deputy District Attorney acted in bad faith
in demanding a deposit since they have later admitted that there was
no basis under law for such a request, It does, however, appear to
your Resident Engineer that the County Surveyor under his duties as
County Road Commissioner may probably insist on being fully advised
concerning subsurface installations under County roads, and that we
should have the concurrence f the County in our work. Please note
that our original requests f9r Sections I and 11 did not ask for
permit, but simply that the County concur in our making these in-
stallations, and. the County issued its permit for Section =, but
has not yet issued a permit for Rection Il.
15. Petty cash needs Vio.
16. Adjourn to , 1947.