HomeMy WebLinkAboutMINUTES - 08011978 - R 78L IN 1 213 152
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The following are the calendars prepared by the
Clerk, County Administrator, and Public Works Director
for Board consideration.
t
�ES E BOARDP.KENNY.RICHMOND CALENDAR FOR Tk1OARD OF SUPERVISORS ROBERT I.SCHROOER
:T DISTRICT CONTRA COSTA COUNTYCHAIRMAN
NANCY C.FAHDEN.MARTINEZ ERIC H.HASSID TINE
2ND DISTRICT VICE CHAIRMAN
ROBERT I.SCHRODER.LAFAYETTE AND FOR JAMES R.OLSSON.COUNTY CLERK
3RD DISTRICT SPECIAL DISTRICTS GOVERNED BY TWE BOARD AND Ex OFFICIO CLERK OF THE HOARD
WARREN N.BOGGESS.CONCORD MRS.GERALDINE Rt155ELL
4TH DISTRICT BOARD CHAMODW ROOM 107.AOYINIsTRATIOW RALDtMC CHIEF CLERK
ERIC H.HASSELTINE.P1TTS®URG 1.0.sox Ytt PHONE(413)372.2371
STN DISTRICT
MARTINEZ CALIFORNIA 94533
TUESDAY
AUGUST 1, 1978
The Board will meet in all its capacities
pursuant to Ordinance Code Section 24-2.402.
9: 00 A.M. Call to order and opening ceremonies.
Consideration of the Public Works agenda.
Consideration of the County Administrator's agenda.
Consideration of "Items Submitted to the Board. "
9: 30 A.M. Report of Screening Committee established to review
applications of persons interested in serving on the
Contra Costa County Mental Health Advisory Board.
Presentation of Annual Report of Foster Care and
Adoptions Subcommittee of Family and Children's
Services Advisory Committee.
Hearing on proposed formation of an Adult Day Health
Planning Council.
Hearing on request that Board concur with findings of
the Board of Education of the Mt. Diablo Unified School
District that overcrowded conditions exist in the
Mt. Diablo Elementary School attendance area.
Presentation by Mr. Warren L. Smith with resn_ ect to
employee representation.
Hearing on proposed Hutchinson Annexation to the
City of Walnut Creek (continued from June 20) .
Decision on appeal of Clayton L. Grimm, applicant, from
Orinda Area Planning Commission conditional approval of
Variance Permit No. 1029-78, Orinda area (hearing closed
Julv 25) .
Hearings on recommendations of the County Planning
Commission with respect to the following rezoning
applications :
William J. Elizondo, 2213-RZ, Oakley area;
F. P. Bellecci, 2210-RZ, Oakley area; and
Franklin Canyon area, 2238-RZ (Planning Commission
Initiated) .
If approved as recommended, introduce ordinances, waive
readings and fix August 8, 1978 for adoption.
Executive Session as required or recess.
Consideration of reports of Board Committees including
the following:
Internal Operations Committee (Supervisors W.N. Boggess
and J.P. Kenny) with respect to Mt. Diablo- Rehabilitation
Center appeal to ''ETA Title I Service Contracts for
fiscal year 1978-1979. (On July 25 Beard deferred
action on committee recommendation. )
00001
Board of Supervisors ' Calendar, continued
August 1, 1978
Finance Committee (Supervisors E. H. Hasseltine and
N. C. Fanden) with respect to:
(a) extension of lease for premises at 4639 Pacheco
Boulevard, Martinez, used by Medical Services
for a mental health program;
(b) travel request of Superior Court Judge
R. E. Amason; and
(c) recommendation that the Concord Mental Health
Clinic be closed effective July 31, 1978
(committee' s report submitted July 25) .
Consideration of recommendations and requests of Board
Members.
1:30 P.M. Hearing on recommendation of Orinda Area Planning
Co, ission on proposed Ordinance Code amendment which
would provide for a Slope Density and Hillside Development
Combining District for the Orinda area (continued from
July 18) .
Hearing on appeals of James G. Maguire from Board of
Appeals denial of applications for Minor Subdivisions
149-77 and 236-77 , Port Costa area (continued from July 11) .
Presentation by representative of the Associated Building
Industry of Northern California regarding surcharges on
fees for certain planning services by the Orinda and
San Ramon Area Planning Commissions.
ITEMS SUBMITTED TO THE BOARD
ITE - COSENT
1. APPROVE minutes of proceedings for the month of July, 1978.
2. DECLARE certain ordinances duly published.
3. AUTHORIZE changes in the assessment roll and cancellation of
certain penalties and tax liens.
4. DENY refund of taxes by County Tax Collector on Parcel
No. 116-262-007 pursuant to the Revenue and Taxation Code
Section 2617. 5 in the amount of $68. 54.
5. FIX August 22, 1978 at 9: 30 a.m. for hearing on appeal of
Raymond Vail & Associates (John Mori, owner) from County
Planning Commission conditional approval of Subdivision 5327,
Oakley area.
6. FIX August 29, 1978 at 9:30 a.m, for hearing on recommendation of
the County Planning Commission with respect to request of
Alfred A. Affinito (applicant) 2140-RZ, to rezone land in the
West Pittsburg area (Shell Chemical Co. , owner) .
7. ACCEPT as complete construction of private improvements in Minor
Subdivision 246-76, Alamo area.
8. AUTHORIZE legal defense for persons who have so request in
connection with Superior Court Action No. 181717.
9. DENY the claim of Charles V. Dale and Letizia C. Dale.
Y
00001-
Board of Supervisors ' Calendar, continued
August 1, 1978
ITEMS 10 - 21: DETERMINATION
(Staff recommendations shown folrowing the item. )
10. LETTER from General Manager, Contra Costa County Employees
Association, Local No. 1, requesting time on the Board agenda
to discuss potential layoffs and to urge adoption of a
resolution instructing all departments to cooperate in placing
such laid off employees in other comparable jobs. CONSIDER
REQUEST
11. MEMORANDUM from County Counsel (in response to Board referral)
transmitting a proposed resolution approving the petition of
Mr. David Mueller and other electors to transfer inhabited
territory from the Walnut Creek School District to the
Lafayette School District and advising that the County Clerk
estimates the election provided for in said resolution will
cost the County approxima_!ly $2, 000 if consolidated with the
November 7, 1978 General Election. CONSIDER APPROVAL, OF
RESOLUTION
12. MEMORANDUM from Director of Planning transmitting proposed
amendment to the County Ordinance Code which would substitute
mailed notices for posted Notices of public hearings on
various planning matters . CONSIDER ADOPTION OF URGENCY
ORDINANCE
13. LETTER from Assessment Appeals Board requesting approval of
proposed addendum to Local Rule G required as a result of
passage of Proposition 13.
14. LETTER from County Sheriff-Coroner concurring with the evaluation
of the Detention System included in the 1977-1978 Grand Jury
Report. ACKNOWLEDGE RECEIPT AND FORWARD COPY TO THE PRESIDING
JUDGE OF THE SUPERIOR COURT WHO IMPANELED THE 1977-1978 GRAND
JURY AND PLACE COPY ON FILE WITH THE COUNTY CLERK
15. LETTER from Regional Audit Director, HEW Audit Agency, Department
of Health, Education and Welfare, transmitting copy of audit
report on HEW Head Start Grant No. H-0375-L for the year
ended December 31, 1977, and advising that response to audit
findings and recommendations should be submitted within 30 days.
REFER TO COUNTY ADMINISTRATOR, COUNTY AUDITOR-CONTROLLER AND
COMMUNITY SERVICES ADMINISTRATION
16. LETTER from Chairperson, Contra Costa County Alcoholism Advisory
Board, requesting that the County consider levying a use tax
on all retail sales of alcoholic beverages with proceeds going
directly to providing services for those suffering from
alcoholism. REFER TO COUNTY COUNSEL FOR REPORT AS TO LEGAL
AUTHORITY
17. LETTER from Director, State Department of Youth Authority,
transmitting information with respect to County Justice
System Subvention. Program and stating that appointment of
a County Justice System Advisory Group would be helpful in the
implementation of the program. REFER TO COUNTY ADMINISTRATOR
AND COUNTY PROBATION OFFICER
18. LETTER from Secretary-Treasurer, Central Labor Council of
Contra Costa County, recommending that Mr. Gene Atkinson be
appointed to fill a vacancy (labor representative) on the
Contra Costa County Manpower Advisory Council. REFER TO
INTERNAL OPERATIONS COMMITTEE
ppOQ3
Board of Supervisors Calendar, continued
August 1, 1978
19. LETTER from Co-Chairman, Orinda Association Planning Committee,
expressing appreciation to the Board for its vote to retain
the Orinda Area Planning Commission, urging that the proposed
slope density ordinance be approved, and suggesting an increase
in filing fees for appeals of planning matters to the Board
of Supervisors. REFER TO DIRECTOR OF PLANNING TO REVIEW
PROPOSED FEE INCREASE
20. RESOLUTION adopted by the Walnut Creek City Council requesting
that the Board of Supervisors amend its existing CSA-D2
drainage fees, amend the existing CSA-D2 Master Drainage Plan,
and adopt a policy consistent with that being imposed by the
City with respect to development proposals within Service
Area D-2. REFER TO PUBLIC WORKS DIRECTOR FOR REPORT
21. RESOLUTION adopted by the Walnut Creek City Council requesting
that the Board of Supervisors initiate a specific plan study
of the La Casa Via area (Specific Plan No. 6) . REFER TO
DIRECTOR OF PLANNING FOR REPORT
ITEMS 22 - 25: INFORMATION
(Copies of communications este as information items
have been furnished to all interested parties. )
22. MEMORANDUM from Director of Planning advising that the County
Planning Commission at its July 25, 1978 meeting voted to
recommend that no Slope Density and Hillside Ordinance be
adopted by the County.
23. LETTER from State Senator John A. Nejedly requesting that the
Board continue financial support for the Byron Boys Ranch.
24. LETTER from Ms. Virginia Rice, Chairperson, Community Involve-
ment Center, urging that children' s services in the County
begiven priority during consideration of the budget for
1978-1979 fiscal year.
25. LETTER from Mr. M. C. Blasinski commenting on street lighting
in the unincorporated areas of Clayton. .
Persons addressing the Board should complete the form
provided on the rostrum and furnishthe Clerk with a, written
copy of their presentation.
DEADLINE FOR AGENDA ITEMS: WEDNESDAY, 5 : 00 P.M.
MEETINGS OF BOARD COMMITTEES
The Finance Committee (Supervisors E. H. Hasseltine and N. C. Fanden)
will meet regularly on each Monday at 9:30 a.m. in Room 108, County
Administration Building, Martinez, and on Wednesday if necessary.
(Note: Budget session will meet on Monday July 31, 1978. )
The Internal Operations Committee (Supervisors W. N. Boggess and
J. P. Kenny) will meet on the 1st and 3rd Mondays of each month at
9: 30 a.m. in the Administrator' s Conference Room, County Administration
Building.
000M
' OFFICE OF COUNTY ADMINISTRATOR
CONTRA COSTA COUNTY
Administration Building
Martinez, California
To: Board of Supervisors Subject: Recommended Actions
August 1, 1978
From: Arthur G. Will,
County Administrator
I. PERSONNEL ACTIONS
1. Reallocate class and vacant Administrative Analyst-CETA
position to Administrative Analyst-Project and transfer
position from Cost Center 581 to Cost Center 580;
Department Addition Cancellation
Civil Service 1 Typist Clerk- 1 Administrative Analyst-
Project (580) CETA (581)
II. TRAVEL, AUTHORIZATIONS
None.
III. APPROPRIATION ADJUSTMENTS
None.
IV. LIENS AND COLLECTIONS
None.
V. CONTRACTS AND GRANTS
2. Approve and authorize Chairman, Board of Supervisors, to
execute agreements between County and agencies as follows:
Agency Purpose Amount Period
(a) Urban & Rural Project Evaluation $9,515 7-1-78 -
Systems, Assoc. (Serious Offenders) , 9-30-79
Probation Dept.
(b) Sarah Korte Foster Parent $20 7-1-78 -
Education and 12-31-78
Orientation Training
00005
• r
To: Board of Supervisors
From: County Administrator
Re: Recommended Actions 8-1-78
Page: 2.
V. CONTRACTS AND GRANTS - continued
2. Agency Purpose Amount Period
(c) City of Antioch Fourth Year Com- $356,150 7-1-78 -
munity Development 6-30-79
Program Activity
T5
United Council Fourth Year Com- $92,650 7-1-78 -
of Spanish munity Development 6-30-79
Speaking Program Activities
Organizations T4 and T8
(d) State of Continuation of *$1,195,952 9-1-78 -
California, Prepaid Health 12-31-78
Department Plan contract
of Health * (additional allocation)
Services
(e) Contra Costa Continuation of $3,500 7-1-78
County for the general office and 6-30-79
Mentally maintenance services
Retarded, Inc. for the Office of
the Developmental
Disabilities Council
of Contra Costa
County
(f) State of Continuation of $350,000 7-1-78
California, County iJealth _ 6-30-79
Department of Dept. Family
Health Services Planning Services
(g) Volunteer Recruitment and $9,300 7-1-78 -
Bureau of training of vol- (federal 12-31-78
Contra 'Costa unteers and related funds)
administrative
services for the
Social Service Dept.
Office on Aging
(h) James J. Continuation of $18,860 7-1-78
O'Donnell Alcoholism Edu- 6-30-79
cation and Treat-
ment Consultation
Services
00O
VUD
To: Board of Suvervisors
From: County Administrator
Re: Recommended Actions 8-1-78
Page: 3.
V. CONTRACTS AND GRANTS - continued
2. Agency Purpose Amount Period
(i) Katharine B. Continuation of $9,240 7-1-78 -
Robertson Electromyographic 6-30-79
Services for County
Medical Services
3. Approve and authorize Director, Human Resources Agency,
to execute agreements between County and agencies as
follows:
Agency Purpose Amount Period
(a) John C. Continuation of $25 per 5-1-78 -
Dittmer, D.D.S. dental services hour 4-30-79
and F. Jerry provided as
Matka, D.D.S. individuals for
County Medical
Services patients
(b} Oakley Union CETA Title II Sub- $5,799 2-15-78
School Dist. grant Modification (increase) 9-30-78
Agreement to increase
payment limit to
contractor and to add
one (1) position
VI. LEGISLATION
3. Adopt resolution endorsing H.R. 12973 which proposes to
increase the Title XX appropriation for financial support
of Social Service programs.
4. Establish county position on measure pending before the
1978 Session of the California State Legislature as
follows:
Bill
Number Subject Position
SB 1127 Authorizes $25 assessment to be paid SUPPORT
by convicted drunk drivers, in
addition to fine, to partially off-
set the cost of toxicology testing
services.
0000
To: Board of Supervisors
From: County Administrator
Re: Recommended Actions 8-1-78
Page: 4.
VII. REAL ESTATE ACTIONS
5. Authorize the Chairman, Board of Supervisors, to execute a
lease between the County and Bernard C. Berger for premises
at 1063 San Pablo Avenue, Pinole, and to execute a sub-
lease for said premises for occupancy by the Tri-Cities
Discovery Center, Inc. ; all costs are financed by a
Community Development Fund grant.
6. Authorize Chairman, Board of Supervisors, to execute lease
agreement with Carquinez Coalition, Inc. for county
premises at 189-199 Parker Avenue, Rodeo; property was
purchased by county with Community Development Fund grant
for occupancy by the Caquinez Coalition, Inc.
VIII:OTHER ACTIONS
7. Adopt board order establishing revised County Medical
Services cafeteria rates, effective August 10, 1978, as
recommended by the Director, Human Resources Agency.
8.. Authorize County Auditor-Controller to make initial CETA
Title VI PSE Project start-up payments not to exceed $15,981
to 15 existing subgrantees to sustain employment of existing
Title VI PSE project participants, pending completion of
Subgrant Modification Agreements, as recommended by
Director, Human Resources Agency.
9. Authorize Chairman, Board of Supervisors, to execute
agreement with American Fidelity Fire Insurance Company
to authorize the County Auditor-Controller to release -
$6,627. 03 being held in completed contract to surety.
10. Adopt resolution to amend Resolution No. 78/638 to express
county policy on cost of living increases in contracts and
other actions, effective July 1, 1978, to conform to the
language of Government Code Section 16280.
, DEALDLINE FOR AGENDA ITEMS: WEDNESDAY, 12 NOON
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
Martinez, California
TO: Board of Supervisors
FROM: Vernon L. Clint, Public Works Director
SUBJECT: Public Works Extra Business for August 1 , 1978
Item 1 . VARIOUS LAND DEVELOPMENT ACTIONS
It is recommended that the Board of Supervisors approve the following:
Item Development Owner Area
Parcel Map & MS 311-77 James Morison Walnut Creek s
Subdivision
Agreement
Parcel Map & MS 11-78 Lisboa Development Walnut Creek
Subdivision
Agreement
Final Map & 4889 Fred Lorenzetti Oakley
Subdivision
Agreement
(LD)
Item 2. ACCEPTANCE OF INSTRUMENTS
It is recommended that the Board of Supervisors:
A. Accept the following instruments:
P1o. Instrument Date Grantor Reference
1 . Grant Deed for Road- 6/19/78 Lisboa Development Corp. SUB MS 11-78
way Purposes
2. Consent to Deeding 7/27/78 Robert W. Skogen SUB MS 11-78
for Roadway Purposes
B. Accept the following instrument for recording only:
1 . Drainage Release 7/20/78 Tony Cutino & Frank SUB 4889
Bel 1 eci
(LD)
VLC:,jb
00009
Public ao_ks
August 1, 1978
BXTRk BUSTTjJSS d
Adopted -qesolution No. 78/747 authorizing Walter i2. Gleason
and Cressey R. Na'_�zgawa to represent and speak for the Contra Costa. • •
County Water Agency (CCCWA) in any matters or proceedings involving
the proposed Peripheral Canal or salinity control or any other
pending matters or proceedings involving CCCWA, provided that
said le;al counsel shall not be entitled to compensation or
reimbursement of excenses in connection therewith; and provided
further �naL- said services may be terminated at any time. a
_
00010
- CONTRA COSTA COUNT'
PUBLIC WORKS DEPAIRTWENT
Martinez, California
TO: Board of Supervisors
FROM: Vernon L. Cline
Public Works Director
SUBJECT: Agenda for Tuesday, August 1, 1978
REPORTS
Report A. PUBLIC HEARING ON PROPOSED WIDENING OF STATE ROUTE 4 , CONTRA COSTA
COUNTY
On July 18 , 1978 ,. the Board of Supervisors referred a copy of a
Notice of Opportunity for a Public Hearing on the proposed widening
of State Route 4 in Contra Costa County from Borden Junction to
west of Old River Bridge to the Public Works Director for advice as
the need for a public hearing.
The project consists of widening the existing 22-foot-wide, 2-lane
road, with no shoulders, to a standard 40-foot-wide, 2-land road,
with emergency shoulders. This project is being financed by the
developers of Discovery Bay with all design and construction engineer-
ing being provided by CALTRANS. Thus far, public reaction to this
project has been minimal, and it is our recommendation that the Board
of Supervisors not indicate a need for a public heaping. If the
Board concurs in this recommendation; no response to the notice is
necessary.
MY
Report B. EMERGENCY MEDICAL CARE COMMITTEE RECONNZNDATIONS
On July 5, 1978, the Board of Supervisors referred a letter from the
Emergency Medical Care Committee of Contra Costa County to the Public
Works Director. The letter contained three recommendations based on
the committee's review of the Phase I report of the Communications
Consolidation Study Team.
The following is the response of the Communications Consolidation
Study Team to those recommendations:
With respect to a single telephone number for EMS.
All of the alternative public safety dispatching puns set forth by
the Communications Consolidation Study will have 911. This will
provide citizens entry into the EMS system on a no-toll basis from
the entire County. The 911 program is progressing on schedule and Q,
final plan for the County and its agencies was filed with the State
July 3, 1978.
(Continued on next. page)
00011
A G E N D A Public Works Department
Wage of 12 August 1, 1978
Report B Continued:
With respect to EMS dispatching, equipment and costs.
All alternative dispatching systems include provision fer EMS
dispatching. However, in that neither the County nor any of its
agencies have entered into EMS to the extent that sophisticated
communications such as use of the "medcom" channels will be used,
present plans envision dispatch centers with fire and emergency
medical service dispatching being done by the same group of
communicators.
The Phase II Report, now in production, will place emphasis on the
costs, call volumes, and staffing of the EMS part of each dispatch
center.
With respect to future EMS involvement in 911 plan development.
During the preparation of the Phase II Report, closer liaison will
be maintained between the Study Team and the Emergency Medical
Service providers. It is essential, however, that these same
providers strengthen their ties with the police and fire service
associations so that EMS needs are clearly met in the selection of
a final dispatch system for the County.
A copy of this report should be sent to: Emergency Medical Care
Committee of Contra Costa County-, Attn: Charles Phillips , M.D. ,
Chairman.
(B&G)
SUPERVISORIAL DISTRICT I
No Items
SUPERVISORIAL DISTRICT II
Item 1. PACHECO BOULEVARD - INITIATE ASSESSMENT DISTRICT #1978-3 - Martinez
Area
It is recommended that the Board of Supervisors acknowledge the
filing of a petition signed by certain property owners along Pacheco
Boulevard and adopt a resolution ordering the construction of improve-
ments for Assessment District 1978-3.
It is further recommended that in accordance with the provisions of
Chapter 27 of the Improvement Act of 1911 the Board of Supervisors
set August 15, 1978 at 9:30 a.m. for a public hearing at which time
the Board will hear and pass upon all objections or protests.
This Assessment District was initiated by the Martinez Unified School
District to widen Pacheco Boulevard along Las Juntas School and
neighboring properties. The widening :;ill allow construction of a
left-turn lane at the school to reduce the potential for rear-end
collisions and improve the flow of through traffic.
This proposed district has been reviewed bygynty's Assessment
District Screening Committee. 01�Gr
(RE: Project No. 3951-5340-663-77) (RD)
A G E._N D A Public Works Department
Page Z of 12 August 1, 1978
Item 2 . F RANYLIN CANYON ROAD - APPROVE PLANS & ADVERTISE FOR BIDS - Martinez
Area
It is recommended that the Board of Supervisors approve plans and
specifications for the Franklin Canyon Road Realignment project
and advertise for bids to be received in 23 days, and opened at
2: 00 p.m. on Thursday, August 24 , 1978. The Engineer' s estimated
construction cost is $33 ,500 .-
This project, between Wolcott Lane and Goodfellow Drive in the
Martinez area, is necessitated by creek erosion. The roadway will
be shifted away from the creek ar the most economical solution.
Funding is available from the 1977-78 budget.
This project is considered exempt from Environmental Impace Report
requirements as a Class lc Categorical Exemption under County Guide-
lines. It is also recommended that the Board of Supervisors concur
in this finding.
(RE: Project No. 1882-4475-661-78) (RD)
Item 3. PACHECO BOULEVARD - ACCEPT DEED - Martinez Area
It is recommended that the Board of Supervisors accept the Grant
Deed, dated July 12,1978 , from the Martinez Unified School District
for the widening of Pacheco Boulevard.
(RE: Projact No. 3951-5340-663-77) (RD)
Item 4 . PINOLE CREEK - REQUEST ADDITION OF RECREATION TO PROGRAM - Pinole
Area
It is recommended that the Board of Supervisors, as ex officio the
Board of Supervisors of the Contra Costa County Flood Control and
Water Conservation District, request the U. S. Army Corps of Engineer-
to add recreation_ as a project purpose and develop a recreation plan
for the Pinole Creek Project.
The City of Pinole, by Resolution No. 1401 dated May 1 , 1978 ,
requested the U. S . A=my Corps of Engineers to include recreation as
a project purpose.
The East Bay Regional Park District, the Bay Conservation and
Development Commission, the Department of Fish and Game, the Richmond
Unified School District, the California Native Plants Society, the
Save Our Creek, Friends of the River and the Pinole Rotary Club have
expressed their interest and support in developing a recreation and
riparian habitat preservation plan for the Pinole Creek Project.
The City of Pinole, by letter of July 19, 1978 , has provided a
commitment for the necessary non-federal share of project costs for
recreation.
(RE: Work Order No. 8189-7505 - Flood Control Zone 9-A)
(FCD)
A G-E. N D A Public Works Department
P age 3 of 12 00013 August 1, 1978
Item 5. RODEO AVENUE - APPROVE TRA-FFIC Rodeo Area
At the request of a local business operator and upon the basis of
an engineering and traffic study, it is recommended that Traffic
Resolution No. 2459 be approved as follows :
Pursuant to Section 22507 of the California Vehicle
Code, parking is hereby declared to be prohibited except
for the purpose of loading or unloading passengers or
.freight (yellow curb) on the west side of Rodeo Avenue
(RD. T1795AP) beginning at a point 36 ' north of the center-
line of First Street and extending northerly a distance
of 44 feet.
(TO)
SUPERVISORIAL DISTRICT III
Item 6. PINE CREEK DETENTION BASIN - APPROVE RIGHT OF WAY ACQUISITION
Walnut Creek Area
It is recommended that the Board of Supervisors, as ex officio the
Board of Supervisors of the Contra Costa County Flood Control and
Water Conservation District, authorize the Public Worsts Director
to proceed with the right of way acquisition of the 47-acre Pine
Creek Detention Basin site.
The environmental impact requirements for the Pine Creek Detention
Basin Project have been met. `
Funding is available from the 1.977-78 budget and 1978-79 proposed
budget.
' (RE: Project No. 8685 - Work Order No. 8685-7520, Flood Control
Zone No. 3B)
(FCD)
Item 7 . COUNTY SERVICE AREA R-8 - ACCEPT GRANT DEED - Walnut Creek Area
At the request of the City of Walnut Creek and the Citizens Advisory
Committee for County Service Area R-8, it is recommended that the
Board of Supervisors accept the Grant Deed dated April 17, 1978, .
from Western Title Insurance Company, conveying to the County
approximately 143 acres for park and open space purposes.
This property is being deeded to the County as a condition of
approval by the City of Walnut Creek of Subdivisions 4821 and 4924.
(SAC)
a G E N D A t�blic Works Department
Page 4 of 12 UQO 4 August 1, 1978
Item 8 . ARBOLADO DRIVE/EBANO DRIVE - APPROVE TRAFFIC REGULATION -
Walnut Creek Area . . . .
At the request of local citizens and upon the basis of an engineering
and traffic study, iE. is recommended that Traffic Resolution No.
2460 be approved as follows:
Pursuant to section 21101 (b) of the California Vehicle Code,
the intersection of Ebano Drive (Road No. 4657N) and Arbolado
Drive (Road 4657M) , Walnut Creek, shall be declared to be a
stop intersection and all vehicles traveling on Ebano Drive
shall stop before entering or crossing said intersection.
(TO)
SUPERVISORIAL DISTRICTS II.I & IV
Item 9. TREAT BOULEVARD WIDENING - APPROVE AGREEMENT MODIFICATION -
Pleasant Hill Area
It is recommended that the Board of Supervisors approve the modifi-
cation to the County-State Cooperative Agreement No. 4-643-C
previously approved by the Board of Supervisors on November 8, 1977.
The Agreement provides for the widening of Treat Boulevard to 6
lanes, between the Pleasant Hill BART Station and the Walnut Creek
Channel as a State administrered Federal Aid-Urban,,Project. The
County's local share of the cost is estimated at $288,000. The
Agreement modification is necessary due to the elimination of
Coggins Lane widening from the scope of the work.
The construction is expected to begin in mid 1979.
(NOTE TO CLERK: Return three (3) executed & certified copies to
Public Works, Road Design.) .
Funding is available from the proposed 1978-79 budget.
(RE: Project No. 4861-4331-661-76)
(RD)
A_ G E N D A Public Works Department
Page 5 of 12 _ August 1, 1978
00015
SUPERVISORIAL DISTRICT IV
Item 10. PORT CHICAGO HIGHWAY - APPROVE. PLAU S & ADVERTISE FOR BIDS -
Clyde Area
It is recommended that the Board of Supervisors approve plar_s and
specifications for the Port Chicago Highway Widening at Naval
Weapons Station, and advertise for bids to be received in 30 days,
and opened at 2:00 p.m. , on Thursday, August 31, 1978. The
Engineer's estimated construction cost is $18 ,000.
The project consists of widening the easterly side of the roadway
between the bridge over Mt. Diablo Creek and the Naval Weapons
Station entrance to provide a right turn lane for north bound
traffic.
Funding is available from the 1977-78 Road Budget.
This project is considered exempt from Environmental Impact Report
requirements as a Class 1-C Categorical Exemption under County
Guidelines. It is also recommended that the Board of Supervisors
concur in this finding.
(RE: Project No. 4371-4458-661-78)
(RD)
SUPERVISORIAL DISTRICT V '
Item 11. COUNTY SERVICE AREA R-7 - APPROVE SECOND AMENDMENT TO AGREEMENT -
San Ramon Area
It is recommended that the Board of Supervisors approve and author-
ize the Chairman of the Board to execute an Amendment to the Agree-
ment between the County and the San Ramon Valley Unified School
District previously approved by this Board on August 31, 1976. The
Amendment extends the Agreement from July 1, 1978 to June 30, 1979,
adds maintenance responsibilities, increases the staff time to
80 hours per week, and increases the reimbursement to the District
to $43,500 for the fiscal year 1978-79.
The original agreement provided for School District Community
Services staff time in assisting the R-7 Advisory Committee, School
District and County in park related functions and activities.
The Citizens Advisory Committee for County Service Area R-7 has
approved the above recommendation.
(SAC)
A G E N D A ..Public Works Department
Page 6 of 12 August 1, 1978
00018
GENERAL
Item 12. CONTRA COSTA COUNTY SANITATION DISTRICTS -
ESTABLISH 1978-1979 ANNUAL SEWERAGE SERVICE CHARGES
1. SANITATION DISTP.IC'T NO. 5 - Port Costa Area
The Citizens' Advisory Committee for Contra Costa County Sanitation
District No. 5 has recommended that the Board, as ex officio Govern-
ing Board of Contra Costa County Sanitation District No. 5, establis!
Annual Sewerage Service Charges for Fiscal. Year 1578-1979 as follows-
A. - Unit Charge - $122
B. For other than single-family dwelling units, charges .
shall be established on the basis of burden on treatment
facilities and in accordance with District Ordinances as
determined by the Engineer ex officio of the District; and
Further, the Board order:
A. There shall be no charge made to churches, elementary
schools and the firehouse;
B. The Engineer ex officio shall prepare a list of Annual
Sewerage Service Charges for each connection within the
District in accordance with said Unit Charge;
C. The Auditor-Controller shall place said charges on the
proper County tax bills. The Accounting Division of the
Public Works Department shall bill the users located on
Southern Pacific Transportation Company property.
2. Sanitation District No. 15 - Bethel Island Area
The Citizens' Advisory Committee for Contra Costa County Sanitation
District No. 15 has reviewed the 1978-79 Budget and recommends the
Board as ex officio Governing Board of Contra Costa County Sanitation
District No. 15:
A. Establish Annual Water and Sewerage Service Charges for
Fiscal Year 1978-1979 as follows:
Zone 1 - Subdivision 3870 (Beacon West)
Annual Water Service Charge - $185
Zone 2 - Subdivision 4314 (Willow Park Marina)
Annual Water and Sewerage Service Charge - $23 -
(Continued on next page)
A G E N D A Public Works Department
Page 7 of 12 0001 / August 1, 1978
Item 12 Continued:
Zone 3. - Land Use Perait 258-71 (Willow Mobile Home
Park)
Annual Water and Sewerage Service Charge - $239
Zone 4 - For all parcels of land within the District
boundaries receiving sewerage service
Annual Sewerage Service Charge of $72
B. Other than single-family dwelling units, charges shall be
established on the basis of burden on water and sewage
treatment facilities as determined by the Engineer ex officio
of the District;
C. The Engineer ex officio shall prepare a list of Annual Water
and Sewerage Service Charges for each lot in each develop-
ment as indicated above;
D. The Auditor-Controller shall place these charges on the
proper County tax bills for each lot in Subdivision 3870
and Subdivision 4314, and shall levy the tax rate for
repayment of bonded indebtedness on all parcels within the
District boundaries;
E. The above charges for Zone 3 and Zone 4 shall be prorated,
using "period of time of connection" to District facilities;
and
F. The Accounting Division of the Public Works- Department shall
bill the users direct using the above charges for all units
connecting to District facilities during Fiscal Year 1978-
1979.
3. SANITATION DISTRICT NO. 19 - Discovery Bay Area
It is recommended that the Board of Supervisors, as ex officio
Governing Board of Contra Costa County Sanitation District No. 19,
establish Annual Water and Sewerage Service Charges for Fiscal Year
1978-1979 as follows:
A. Unit Charge - $150 for each lot;
B. Other than single-family dwelling units, charges shall be
established on the basis of burden on water and sewage
treatment facilities as determined by the Engineer ex officio
of the District; and
(Continued on next page)
A G E N D A (� p Public Works Department
Pace 8 of 12 �uV�(7 August 1, 1978
Item 12 Continued:
Further, the Board order:
A. The Engineer ex officio shall prepare a list.of. Annual
Water and Sewerage Service Charges for each lot shown on
subdivision_ of record within the District on file in the
Contra Costa County Recorder's Office and for other com-
mercial activities within the District using District water
and sewerage facilities.
B. The Auditor-Controller shall place said charges on the
proper County tax bills.
C. The above charges shall be prorated, using "period of time
of connection" to District facilities; and
D. The Accounting Division of the Public Works Department shall
bill the users direct using the above charges for all units
connecting to District facilities during Fiscal Year 1978-
1979.
(EC)
Item 13. COMPLETION OF SUBDIVISION IMPROVEMENTS
It is recommended that the Board of Supervisors issue an order stat-
ing that the construction of improvements in following listed sub-
divisions have been satisfactorily completed.
It is further recommended that the Board of Supervisors accept as
County Roads those streets which are shown and dedicated for public
use on the final maps for these subdivisions.
Subdivision Developer Recording Data Area
4461 C. M. Broch, Inc. 180 M-47 Alamo
December 4, 1975
4586 Peter & Violet 179 M 33 Danville
Ostrosky August 7, 1975
(LD)
A G E N D A Public Works Department
Page 9 of 12 August 1, 1978
00019
Item 14. VARIOUS LAND DEVELOPM...- ACTIONS
It is recommended that the Board of Supervisors approve ti;e
following:
Item Development Owner Area
Final Map & Sub- SUB 4576 Great Western Orinda
division Agreement Savines & Loan
Association
Parcel Map MS 168-77 Doris Bowser Brentwood
Parcel Map MS 133-77 Aldo Mantell, Knightsen
et al.
Parcel Map MS 120-76 Ray V. Darrah Knightsen
Parcel Map MS 222-77 Enrico E. Cinquini, Brentwood
et al.
Deferred Improve- MS 252-77 Michael Conklin Alamo
ment Agreement
Road Improvement Development Samson Construction San Ramon
Agreement Permit Company
3029-77 `
Final Map SUB 4482 Delta Real Estate Oakley
Corp.
(LD)
Item 15. VARIOUS LAND DEVELOPM. T ACTIONS
It is recommended that the Board of Supervisors declare that the
improvements in the following subdivisions have satisfactorily met
the guaranteed performance standards for one year.
It is further recoirrtended that the Board of Supervisors authorize
the Public Works Director to arrange for the refund of the security
posted to guarantee performance under the Subdivision Agreements and
all other monies collected to insure the correction of deficiencies
in these subdivisions.
Subdivision Owner Area
MS 114--75 Barnabas J. Zsigmond Walnut Creek
MS 185-72 Commons Properties, Inc. Danville
(LD)
A G E N D A2o PubAugustrls 19pgrtment
OO/i
Page 10 of 12 l/
Item 16. ACCEPTANCE OF INSTRUMENTS
it is recommended that the Board of Supervisors:
A. Accept the following instrument:
No. Instrument Date Grantor Reference
1. Development Rights 7-17-78 The Housing Group, SUB 4904
Grant Deed a corporation
B. Accept the following instrument for recording only:
1. Offer of Dedication San Ramon Valley Love Lane
for Roadway Purposes 9-9-77 Unified School Rd. Acceptance
District
(LD)
Item 17. CROSSING GUARD SERVICE - APPROVE AGREEMENT
Recently, the Board of Supervisors decided to continue to fund adult
crossing guard services for another year. Therefore, it is recom-
mended that the Board of Supervisors approve and authorize its
Chairman to execute an Agreement with the California Highway Patrol
to provide adult crossing guard service for the period of July 1,
1978 through June 30, 1979, at an anticipated cost of $48,100.
Under the Agreement, adult crossing guards will be provided at the
following eight locations:
1. Las Juntas School - Pacheco Blvd. at Camino Del Sol, Martinez
2. Gerringer School - State Highway 4 at Douglas Rd. , Oakley
3. Kensington School - Arlington Ave. at Rincon Rd. , Kensington
4. Olinda School - San Pablo Dam Rd. at Castro Ranch Rd. ,
E1 Sobrante
5. Vista Grande School - Diablo Rd. at Arroyo Dr. , Danville
6. Vista Grande School - Camino Tassajara at Vista Grande St. ,
Danville
7. Pacheco School - Center Ave. at Deodor Dr. , Pacheco.
8. St. Isidore School - Danville Blvd. at La Gonda Way, Danville
(NOTE TO CLERK OF THE BOARD: Please return four copies of the
rgreerment and Board Order to the Traffic Operations Division for
further processing)
(T0)
A G E N D A Public Works Department
?age 11 of 12 00021 August 1, 1978
Item 18. CONTRA COSTA COUNTY WA= AGENCY - weekly Report
A. It is requested that the Board of Supervisors consider the
attached "Calendar of Water Meetings."
B. The Delta Water Quality Report is submitted for the Board
of Supervisors' information and public distribution. No
action required.
C. Memorandum Report on Water Agency Activities - No public
hearings or meetings were held during the past week.
(EC)
NOTE
Chairman to ask for any comments by interested
citizens in attendance at the meeting subject to
carrying forward any particular item to a later
specific time if discussion becomes lengthy and
interferes with consideration of other calendar
items.
A_ G E N D A Public Works Department
Page 12 of 12 00022 August 1, 1978
Chief Engineer of the
Contra Costa County Water Agency
August 1, 1978
CALENDAR OF WATER MEETINGS
TIME ATTENDANCE
DATE DAY SPONSOR PLACE REMARKS Recommended—Authorizatio*
Aug. 30 Wed. Western Water 10:00 am-4:30 pm Symposium on Water Staff
Education Woodlake Inn Rights Legislation Counsel
Foundation 500 Leisure Lane
Sacramento
000AO
The Board of Supervisors met in all its capacities
pursuant to Ordinance Code Section 2402.402 in regular
session at 9: 00 a.m. on Tuesday, August 1, 1978
in Room 107, County Administration Building, Martinez, .
California.
Present: Chairman R. I. Schroder, presiding
Supervisors J. P. Kenny, N. C. Fanden,
W. N. Boggess, E. H. Hasseltine ..
Clerk: J. R. Olsson, represented by
Geraldine Russell, Deputy Clerk
0002:!
Contracts, Agreements, or other documents
approved by the Board this day are microfilmed
with the order except in those instances where
the clerk was not furnished with the documents
prior to the time when the minutes were micro
filmed.
In such cases, when the documents are
received they will be placed in the appropriate
file ( to be microfilmed at a later time) .
00025
f ,
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 , 19 78
In the Matter of
Proceedings of the Board during
the month of July, 1978.
IT IS BY THE BOARD ORDERED that the reading of the minutes
of proceedings of the Board for the month of July, 1978 is waived,
and said minutes of proceedings are approved as written.
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the seal of the Board of
Supervisors
affixed this 1st day of A,jg,i a t 19-2g
J. R. OLSSON, Clerk
J C
g s Deputy Clerk
Patricia A . Bell
Q 'ijj
H-24 4/77 15m
♦ti-'J
r .
ORDIiIM'4CE r:0. 78- 54
(On Planning Agency Notices; Urgency)
The Contra Costa Count,,.- Board SuoerV?stirs ordains as follO�is
(om-itt=ng the parenttl_tica2 -footnotes Iron the o ric?al to t of
the enacted or arrend'ed prov.%sioils of the County Ordinance Code) .
SECT-70N I. Section 20'-2.180^ is ar*ended, to nention Go-lern^ar_t Code
§65854.5, to read:
26-2.1804Notice Requirements.
The Planning Department shall schedule and give notice
of hearing for zoning and applications for rezoning as required
by Government Code Sections 65354 and 65254.5.
(Ords. 78- 54 §1, 1975 :prior code §2203.14:Ords. 917, 85.6.)
SECTION II. Section 26-2.2004 is amended, to substitute notice by-
mailing for notice by publication and posting, to read:
26-2.2004- -Notice Rectuiremanes
(a) NIail; Addresses. The Planning Department shall schedule
a hearing before the appropriate division, and wzil notice ther`o
_nursuant to Govarnrzent Cc-de Section 65905. The mail notice Shall
be given, by postage prepaid first class United States mail, to
all owners of real pro_aeziy viithin 300 feet of the subject land,
using addresses -rom the last equalized as cess: ?nt roll, or %roj
such other records (as i_:= Assessor's or Tax Collector's) as con-
tain More recent addresses in the ooinion of the Director of Planning.
(b) Contents. T^Y notices shall state the time, date and
place of the hearing, "ie general nature of the application, and
the street address, 1_ any, of the property involved or its legal
or bounda=,' description ?r it has no street address:. . Substantial
compliance Witsn these _pro,,Ti sions for notice is suff'-cien-L, and a
technical fallu=e to cO tply s::all P.Ot affect- the validity of any
action taken pursuant to Ene procedures set forth in this rIrti cle.
(c) Revocati ar_s_ Notice of hearings on revocations shall be
given in the same manner as on applications.
(Ords . 78- 54 1975:prior code 52203.15:Ords. 917 §5.1, 856 91,
382 57. )
-1-
00C12'
0ED i�aNCZ NO- 73- 54
SECTION III. Urgency
This ordinance is Tor the im: edi ate preservation of the public
peace, health, and safety within the r.,eani ng of Goverr-iar.t CoA-
Section 25123 and Elections Code Section 3751, because the passage
o= Article XIIIa of the California Constitution by the voters on
Jure v', 1978 (Proposition 13, the "Jarvis-Garp. Initiative") drasti-
cally reduced the property tax revenue available to pay for County
servic`s necessary to preserve tt^e public peace, health, and safety,
and one of the only available .,a thods to continue marry of these
necessary services and their funding is to reduce the cost of outer
County services which this ordinance does for County Planning Agency
notices.
SECTION IV. SEVE. BILITY. This Board declares that, if the urgenctr
nature of this ordinance (SECTION III) is invalidated, it intends to
SECTIONS I. and..II to regain valid and effective and that it would
have passed SECTION I and 11 even without the urgency provisions.
Therefore, the Board•directs that this one ordinance he treated and
published, effective and operative, as though it is both an urgency
and a non-urgency ordinance as provided in SECTION V.
SECTION V. EFFECTWE DATE. As an urgency ordinance, this ordinance
becozies effective iEmsd_ately on passage. If a court holds it to be
a fon-urgepcy .ordirance, it becomes effective 30 days after passage.
Within 15 days of Ler•passage shall be published once with the names
of supervisors VOL-irg for and against it in the " CONTRA COSTA" "
TIMES a newspaper published in this County_
PASSED and ADOPTED on August 1, 1978 by the =ollo;•ring
Vote:
�YLS: SUPERVISO_?S - J. P. Kenny, N. C. Fanden, W. N. Boggess,
E. H. Hasseltine, and R. I. Schroder
NOES: SUPERVISORS - None
ABSENT: SUPERVISORS - None
ABSTAIN: SUPERVISORS - None
A TiST: J.R.OLSSO`T County Clerk
and ex of_i cio Clerk of the Board
R.1.Schroder
Chairman of the Board
Deputy
Diana M. Herman
VJr;:s _
OPJIN ANICE NO. .73- 54
00028
�
Civil Service Department 580 &
Department Public Service Emoloyment _ Budget Unit 9,gi Date July 20, 1978
Reallocate class & vacant Administrative Analyst-CETA position to
Action Requested: A6ministritivp AnaIUqr_Pra4Prr and trmnsfer, po-Itlaa F,,— Cast Center 5
to 580; Cancel vacant Administrative Analyst-C-E-TA position (581); add Typist Clerk-Project
2vsition-cost center 580. Proposed effective date:
Explain why adjustment is needed: To staff Public Service EM210=eat Program Unit f
the civil service Department .in order to meet Federal Zrogran requiramente..
RECEIVED
1 . Salaries and wages:
County Administrqtor
Estimated tota
Signature
L _'n at �e a
me
' Initial Determination of County Administrator Date:
County Administrator
Personnel Office and/or Civil Service Commission Date: July 20, 197S
Ciassification and Pay Recommendation
Reallocate class & vacant Administrative Analyst-CETA position to Administrative Analyst
. Project and transfer position from cost center 581 to 580; Cancel vacant Administrative
Analyst-CETA position and classify and add Typist Clerk-Project position to cost center 580.
Duties and responsibilities justify reallocation of Administrative Analyst-Project position
and the addition of Typist Cierk-Project position. Can be effective day following Board ~
The above actions can be accomplished by amending Resolution 71/17 to reflect reallocation
of class and transfer of (1) Administrative Analyst-CETA position 581-APW3-01 to Administrativa
Analyst-Project position 580-APW3-01; salary lev J,352 ( -1310); AND cancel Administrative
Analyst-CETA position 581-APWE-03, salary lev 352 0110;�'78_ 0); AND classify and add Typist
.Clerk-Project position 580-JW'dl-03, salary leve 1 1 8 Tft
Date: '�July 27, 1978
Recommendation of County Administrator
Recommendation of Personnel office and/or Civil Service
Commission approved effective August 2, 1978.
of the Board Of SLIpervisors
Adjustment APPR�0'.*_E"_) MISAWPRMED) on
J. R. OLSSON, County Clerk
August 1, 1978 By:
Date: Karin Fing
APPROVAL c:,N
d �� �r zuro �:�
be `"` '
�^'=`^" � '~ supplemented, when
1',IOTE: Top section an
`
BOARD Or SU''is—RUSO_IRS Or COMMA COSTA COUMIT, CALI=SOP TIU
He: Cancel Second Instalment Delinquent )
Penalty, Cost, Redemption Penalty ) usn-LL1301.1 ;.'J. 78/.7r.i
and Fee on the 1977-78 Secured )
Asses s;,-ent
T CO=.t;CTOR'S 2.1-10:
1. Parcel Ihzmber 125-186-002-7-00. Due to clerical error pa_-gent received
timely was not applied to the applicable ta} bill, resulting in 6% delinquent
penalty, cost, redemption penalty and fee attaching to the second insta'?rent.
"a'c'ing received timely payment, I now request cancellation of the 6;� delinquent
penalty, cost, redemption penalty and fee pursuant to Revenue and Taxation Code
Section .4985.
Dated= July. 21, 1978
" R P: TOMELI, Tax. Collector I consent to tlis cancellation.
• JOHN . CIM-US3t1 Co'
1ty Counsel.
,Deputy
t v
'S O SS'.?: Purs:la- t to the above statute, and s'onins that the -ahcollected
de?4- .pen t gena-31 y, cost, redemoticn penalty and fee attached because of clerical
error, *he is 0:- - to C .:..E:. them..
by una-r"imous vote of Supervisors present.
Cc: CO-LM-Ly a:: Co»ector
C::. CC'.:..:jai Aud for
sR.ESMU�-TO:: ;:0. 78/:1
00030
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of Cancellation of )
Penalties on the Unsecured Tax Roll. ) RESOLUTION NO. /75
The Office of the County Treasurer-Tax Collector having received a
remittance in the amount of $2,323.55 from M. Nolden, Trustee in Bankruptcy,
which represents a priority claim in full filed on the following:
Fiscal Year 1975-76 Fiscal Year 1976-77
Code 66068 Assessment 2106 Code 660BU Assessment 6004
Celebi, Mehmet Celebi, Mehmet
2321 Old Crow Canyon Rd. c/o Wells Fargo Bank Escrow
San Ramon, CA 9h583 Attn: Hamal
DBA: Villa San Ramon 800 S. Broadway
Inventory; Machinery & Equipment; Walnut Creek, CA 9L.596
Supplies DBA: Villa San Rano
Assessed Valuation: Inventory; Machinery & Equipmev-,.;
Improvements $5073 Supplies
Personal Property 2,791 Assessed Valuation:
Exemptions - 250 Improvements $5079
$$,5Z Personal Property 29791
Exemp..ions 250
Tax, Tangible Property $1,063.39 $6,9520
6p Penalty 63.80
1,127.19 Tax, Tangible Property $1,090.03
6% Penalty 65.40
$19155-43
and the Treasurer-Tax Collector having requested that authorization be granted
for cancellation of additional penalties accrued since the claim was filed as
provided under provisions of the Bankruptcy Act; and
The Treasurer-Tax Collector having further certified that the above
statements are true and correct to the best of his knowledge and belief.
11%7, THEREFORE, IT IS ORDERED that the request of the Treasurer-Tax
Collector is APPROVED.
ALFRED P. LOM=
Treasurer-Tax Collector
AIJ 6 1191
By. � Board on...---- . ...
__...........
Deputy Tax Collector d by the
Adopte
cc: County Treasurer-Tax Collector
00031
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of Approving Plans )
and Specifications for Franklin Canyon )
Road Realignment Peoject,. Martinez Area. ) RESOLUTION NO . 78/753
Project No. 1882-4475-661-78 )
WHEREAS Plans and Specifications for the Franklin Canyon
Road Realignment Project,
have been filed with the Board this day by t`he Public-. Works Director;
and
WHEREAS the general prevailing rates of wages , which shall
be the minimum rates paid on this project , have been approved by
this Board ; and
WHEREAS this project is considered exempt from Environmental
Impact Report requirements as a Class 1C Categorical Exemption under
the County Guidelines, and the Board concurs in this finding; and
IT IS BY THE BOARD RESOLVED that- said Plans and Specifica-
tions are hereby APPROVED . Bids for this worst will be received on
August 24, 1978 at 2:00 p.m. , and the Clerk of
this Board is directed to publish Notice to Contractors in accordance
with Section 1072 of ' the Streets and Highways Code , inviting
bids for said work, said Notice to. be published in
the -;,PL CERRITO JOURMU
PASSED AND ADOPTED by the Board on August 1 , 1978
Originator: Public Works Department
cc: Public Works Director
Auditor-Controller
RESOLUTION NO. 73/753
00032
r
FRANKLIN CANYON ROAD
PROJECT NO. 1882-4475-661-78
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
MARTINEZ• CALIFORNIA
NOTICE TO CONTRACTORS
---N-NM-------N--
NOTICE IS HEREBY GIVEN BY ORDER OF THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY# THAT THE PUBLIC WORKS DIRECTOR WILL RECEIVE BIDS
UNTIL 2 O'CLOCK P.M• ON AUGUST 24. 19789 FOR THE FURNISHING OF ALL LABOR*
MATERIALS• EQUIPMENT• TRANSPORTATION AND SERVICES FOR
FRANKLIN CANYON ROAD REALIGNMENT
THE PROJECT IS LOCATED OM FRANKLIN CANYON ROAD BETWEEN WOLCOTT
LANE AND GOODFELLOW DRIVE IN THE MARTINEZ AREA,
THE WORK SHALL BE DUNE IN ACCORDANCE WITH OFFICIAL PLANS AND
SPECIFICATIONS PREPARED IN REFERENCE THERETO.
BIDS ARE RECUIRED FOR THE ENTIRE WORK DESCRIBED HEREIN,
ENGINEERS ESTIMATE
ITEM ESTIMATED UNIT OF
NO• QUANTITY MEASURE ITEM
1 1 LS SIGNING AND TRAFFIC CONTROL
2 19050 LF REMOVE PAINTED TRAFFIC STRIPE AND
PAVEMENT MARKERS
3 1 LS CLEARING AND GRUBBING
4 (F) 450 CY ROADWAY EXCAVATION
5 200 CY DITCH EXCAVATION
6 79000 SOFT EROSION CONTROL
7 470 TON CLASS 2 AGGREGATE SUBBASE
8 415 TON CLASS 2 AGGREGATE BASE
9 195 TON ASPHALT CONCRETE (TYPE B)
10 10 LF 36" CORRUGATED STEEL PIPE
( @064" THICK)
11 20 EA PAVEMENT MARKER (TYPE D) LCLERK
L E
P �
00033AUG1, ;
OLSSON
OF SUPERVISjj Co.N — 1
Microfilmed with board order
NOTICE TO CONTRACTORS (CONT. )
EACH PROPOSAL IS TO BE IN ACCORDANCE WITH THE PLANS AND SPECI—
FICATIONS ON FILE AT THE OFFICE OF THE CLERK OF THE BOARD OF SUPER-
VISORS• COUNTY ADMINISTRATION BUILDING. 651 PINE STREET• MARTINEZ,
CALIFORNIA•
THE PLANS AND SPECIFICATIONS MAY BE EXAMINED AT THE OFFICE OF
THE CLERK OF THE BOARD OF SUPERVISORS OR AT THE PUBLIC WORKS DEPARTMENT$
5TH FLOOR OF SAID COUNTY ADMINISTRATION BUILDING. PLANS AND SPECIFICA—
TIONS (NOT INCLUDING COUNTY AND STATE STANDARD SPECIFICATIONS OR OTHER
DOCUMENTS INCLUDED BY REFERENCE) AND PROPOSAL FORMS+ MAY BE OBTAINED BY
PROSPECTIVE BIDDERS AT THE PUBLIC WORKS DEPARTMENTS 5TH FLOOR, COUNTY
ADMINISTRATION BUILDING. UPON PAYMENT OF A PRINTING AND SERVICE CHARGE IN
THE AMOUNT OF THREE AND 73/100 DOLLARS ( S3.73) (SALES TAX INCLUDED) s
WHICH AMOUNT SHALL NOT BE REFUNDABLE. CHECKS SHALL BE MADE PAYABLE TO 'THE
COUNTY OF CONTRA COSTA' s AND SHALL BE MAILED TO PUBLIC WORKS DEPARTMENT.
6TH FLOOR. ADMINISTRATION BUILDING, MARTINEZ. ALIFORNIA 94553.
EACH BID SHALL BE MADE ON A PROPOSAL FORM TO BE OBTAINED AT
THE PUBLIC WORKS DEPARTMENT+ 5TH FLOOR# COUNTY ADMINISTRATION BUILDING.
BIDS ARE REQUIRED FOR THE ENTIRE WORK DESCRIBED HEREIN• AND NEITHER
PARTIAL NOR CONTINGENT BIDS WILL BE CONSIDERED•
A PROPOSAL GUARANTY IN THE AMOUNT OF
TEN ( 10) PERCENT OF AMOUNT BID
SHALL ACCOMPANY THE PROPOSAL. THE PROPOSAL GUARANTY MAY BE IN THE FORM
OF A CASHIER'S CHECK• CERTIFIED CHECK OR BIDDER'S BOND+ MADE PAYABLE TO
THE ORDER OF ' THE COUNTY OF CONTRA COSTA. '
THE ABOVE—MENTIONED SECURITY SHALL BE GIVEN AS A GUARANTEE
THAT THE BIDDER WILL ENTER INTO A CONTRACT IF AWARDED THE WORK . AND WILL
BE FORFEITED BY THE BIDDER AND RETAINED BY THE COUNTY IF THE SUCCESSFUL
BIDDER REFUSES+ NEGLECTS OR FAILS TO ENTER INTO SAID CONTRACT OR TO
FURNISH THE NECESSARY BONDS AFTER BEING REQUESTED TO DO SO BY THE BOARD
OF SUPERVISORS OF CONTRA COSTA COUNTY.
BID PROPOSALS SHALL BE SEALED AND SHALL BE SUBMITTED TO THE
PUBLIC WORKS DIRECTOR• 6TH FLOORS COUNTY ADMINISTRATION BUILDING• 651 PINE
STREET• MARTINEZ• CALIFORNIA, ON OR BEFORE THE
24TH DAY OF AUGUST• 19789 AT 2 O'CLOCK P.M.
AND WILL BE OPENED IN PUBLIC AND AT THE TIME CUE• IN THE CONFERENCE ROOKY
OF THE PUBLIC WORKS DEPARTMENT• 6TH FLOOR. ADMINISTRATION BLDG. • MARTINEZ,
CALIFORNIA9 AND THERE READ AND RECORDED. ALL BID PROPOSALS RECEIVED
AFTER THE TIME SPECIFIED IN THIS NOTICE WILL BE RETURNED UNOPENED.
00031
N — 2
NOTICE TO CONTRACTORS (CONT. )
THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FURNISH A LABOR AliP
MATERIALS BOND IN AN AMOUNT EQUAL TO FIFTY PERCENT OF THE CONTRACT
PRICE AND A FAITHFUL PERFORMANCE BOND IN AN AMOUNT EQUAL TO ONE HUNDRED
PERCENT OF THE CONTRACT PRICE+ SAID BONDS TO BE SECURED FROM A SURETY
COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE OF CALIFORNIA.
BIDDERS ARE HEREBY NOTIFIED THAT PURSUANT TO SECTION 1773 OF
THE LABOR CODE OF THE STATE OF CALIFORNIA. OR LOCAL LAW APPLICABLE
THERETO• THE SAID BOARD HAS ASCERTAINED THE GENERAL PREVAILING RATE OF
PER DIEM WAGES AND RATES FOR LEGAL HOLIDAYS AND OVERTIME WORK IN THE
LOCALITY IN WHICH THIS WORK IS TO BE PERFORMED FOR EACH TYPE OF WORKMAN
OR MECHANIC REQUIRED TO EXECUTE THE CONTRACT WHICH WILL BE AWARDED TO
THE SUCCESSFUL BIDDER. THE PREVAILING RATE OF PER DIEM WAGES IS ON FILE
WITH THE CLERK OF THE BOARD OF SUPERVISORS+ AND IS INCORPORATED HEREIN
BY REFERENCE THERETO. THE SAME AS IF SET FORTH IN FULL HEREIN.
FOR ANY CLASSIFICATION NOT INCLUDED IN THE LIST. THE MINIMUM
WAGE SHALL BE THE GENERAL PREVAILING RATE FOR THE COUNTY.
THE SAID BOARD RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS
OR ANY PORTION OF ANY BID AND/OR WAIVE ANY IRREGULARITY IN ANY BID
RECEIVED.
BY ORDER OF THE BOARD OF SUPERVISORS
OF CONTRA COSTA COUNTY
J.R. OLSSON
COUNTY CLERK AND EX-OFFICIO CLERK
OF THE BOARD OF SUPERVISORS
BY
DEPUTY
DATED-
PUBLICATION DATES-
0003 i
N - 3
c
FRANKLIN CANYON ROAD
PROJECT NO. 1882-4475-661-78
BIDS DUE AUGUST 249 1978
AT 2 O'CLOCK P.M•
6TH FLOORS COUNTY ADMINISTRATION
BUILDING. 651 PINE STREET.
MARTINEZ. CALIFORNIA 94553
TO THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
MARTINEZ. CALIFORNIA
P R O P O S A L
F 0 R
FRANKLIN CANYON ROAD REALIGNMENT
NAME OF BIDDER
BUSINESS ADDRESS
PLACE OF RESIDENCE
TO THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY -
THE UNDERSIGNED. AS BIDDER+ DECLARES THAT THE ONLY PERSONS OR
PARTIES INTERESTED IN THIS PROPOSAL AS PRINCIPALS ARE THOSE NAMED HEREIN-
THAT THIS PROPOSAL IS MADE WITHOUT COLLUSION WITH ANY OTHER PERSON• FIRM
OR CORPORATION- THAT HE HAS CAREFULLY EXAMINED THE LOCATION OF THE PRO-
POSED WORKS PLANS AND SPECIFICATIONS- AND HE PROPOSES AND AGREES+ IF THIS
PROPOSAL IS ACCEPTED• THAT HE WILL CONTRACT '+KITH THE COUNTY OF CONTRA
COSTA TO PROVIDE ALL NECESSARY MACHINERY* TOOLS• APPARATUS AND OTHER MEANS
OF CONSTRUCTION, AND TO DO ALL THE WORK AND FURNISH ALL THEMATERIALS
SPECIFIED IN THE CONTRACT• IN THE MANNER AND TIME PRESCRIBE09 AND ACCORD-
ING TO THE REQUIREMENTS OF THE ENGINEER AS THEREIN SET FORTH• AND THAT HE
WILL TAKE IN FULL PAYMENT THEREFOR AN AMOUNT BASED ON THE UNIT PRICES
SPECIFIED HEREINBELOW FOR THE VARIOUS ITEMS OF WORK, THE TOTAL VALUE OF
SAID WORK AS ESTIMATED HEREIN BEING S
--------------N--N
( INSERT TCTAL)
AND THE FOLLOWING BEING THE UNIT PRICES BID• TO WIT-
0003
P - 1
PROPOSAL (CONT. ) (PRICE NOT TO EXCEED THREE (3) DECIMALS)
ITEM TOTAL
ITEM ESTIMATED UNIT OF PRICE( IN ( IN
N09 QUANTITY MEASURE ITEM FIGURES) FIGURES)
N���N�-NNN-��-N------�-M-----N�--N----N----------N --N���� -�-��---
1 1 LS SIGNING AND TRAFFIC CONTROL
-----Ne--------N--------------------- --N---- --------
2 1 .050 LF REMOVE PAINTED TRAFFIC STRIPE AND
PAVEMENT MARKERS
rY-- N�--N--NN---NMN--N----------------- -------- ------�--
3 1 LS CLEARING AND GRUBBING
4 450 CY ROADWAY EXCAVATION
(F)
N�--M-N-N�-N--M----------------N---N� ----NN---- --Y--r -- -M�--
5 200 CY DITCH EXCAVATION
N---N�-NN--.-N--NN--r----------�N--N---w--S-N------ -r-----� ���-ice-fir
6 79000 SQFT EROSION CONTROL
- - -N--N-------------------------------------------M----- --N---- ----N---
7 470 TON CLASS 2 AGGREGATE SUBBASE
---------- ---------------------------------- -------�- ----r�---
8 415 TON CLASS 2 AGGREGATE BASE
M-N-M-NN--wMN--N--N-----------�iN--NN----'-N�--M --N�-r- w�----
9 195 TON ASPHALT CCNCRETE (TYPE B)
- -N- --N------------------------------------------------- --N---- ----M---
10 10 LF 3611 CORRUGATED STEEL PIPE
( •06411 THICK )
N.--NDN-N-----�r�.-w----w----------N--- ------------ -------------
20
------- ---20 EA PAVEMENT MARKER (TYPE D)
-MNNN------------N-------------------------------------- -------
NOTE-PLEASE
------NOTE-PLEASE SHOW TOTAL ON PAGE P-1 TOTAL
-��N-N-------------------------------------------------------------------N-
O�V�•1
P - 2
PROPOSAL (CONT. )
--MN---��N-N
IN CASE OF A DISCREPANCY BETWEEN UNIT PRICES AND TOTALS. THE UNIT
PRICES SHALL PREVAIL•
IT IS UNDERSTOOD AND AGREED THAT THE QUANTITIES OF WORK UNDER
EACH ITEM ARE APPROXIMATE ONLY. BEING GIVEN FOR A BASIS OF COMPARISON
OF PROPOSAL* AND THE RIGHT IS RESERVED TO THE COUNTY TO INCREASE OR DE-
CREASE THE AMOUNT OF WORK UNDER ANY ITEM AS MAY BE REQUIRED+ IN ACCORD-
ANCE WITH PROVISIONS SET FORTH IN THE SPECIFICATIONS FOR THIS PROJECT.
IT IS FURTHER UNDERSTOOD AND AGREED THAT THE TOTAL AMOUNT OF
MONEY SET FORTH FOR EACH ITEM OF WORK OR AS THE TOTAL AMOUNT BID FUR
THE PROJECT# DOES NOT CONSTITUTE AN AGREEMENT TO PAY A LUMP SUM FOR THE
WORK UNLESS IT SPECIFICALLY SO STATES.
IT IS HEREBY AGREED THAT THE UNDERSIGNED. AS BIDDER. SHALL
FURNISH A LABOR AND MATERIALS BOND IN AN AMOUNT EQUAL TO FIFTY PERCENT OF
THE TOTAL AMOUNT OF THIS PROPOSAL AND A FAITHFUL PERFORMANCE BONO TO BE
ONE HUNDRED PERCENT OF THE TOTAL AMOUNT OF THIS PROPOSAL• TO THE COUNTY
OF CONTRA COSTA AND AT NO EXPENSE TO SAID COUNTY+ EXECUTED BY A RESPONS-
IBLE SURETY ACCEPTABLE TO SAID COUNTY, IN THE EVENT THAT THIS PROPOSAL
IS ACCEPTED BY SAID COUNTY OF CONTRA COSTA.
IF THIS PROPOSAL SHALL BE ACCEPTED AND THE UNDERSIGNED SHALL
FAIL TO CONTRACT AS AFORESAID AND TO GIVE THE TWO BONDS IN THE SUMS TO
BE DETERMINED AS AFORESAID. WITH SURETY SATISFACTORY TO THE BOARD OF
SUPERVISORS+ WITHIN SEVEN ( 7) DAYS+ NOT INCLUDING SUNDAYS• AFTER THE
BIDDER HAS RECEIVED NOTICE FROM THE BOARD OF SUPERVISORS THAT THE CON-
TRACT IS READY FOR SIGNATURE. THE BOARD OF SUPERVISORS MAY, AT ITS
OPTION# DETERMINE THAT THE BIDDER HAS ABANDONED THE CONTRACT. AND
THEREUPON THIS PROPOSAL AND THE ACCEPTANCE THEREOF SHALL BE NULL AND
VOID AND THE FORFEITURE OF SUCH SECURITY ACCOMPANYING THIS PROPOSAL SHALL
OPERATE AND THE SANE SHALL BE THE PROPERTY OF THE COUNTY OF CONTRA COSTA.
SUBCONTRACTS
THE CONTRACTOR AGREES+ BY SUBMISSION OF THIS PRUPOSAL9 TO CON-
FORM TO THE REQUIREMENTS OF SECTION 4100 THROUGH 4113 OF THE GOVERNMENT
CODE PERTAINING TO SUBCONTRACTORS• EXCEPT AS PROVIDED UNDER SECTIO14
4100.5• THE SAME AS IF INCORPORATED HEREIN. FOR ALL TRAFFIC SIGNAL AND
STREET LIGHTING WORK, A COMPLETE LIST OF SUBCONTRACTORS IS REQUIRED AND
THE BIDDER WILL BE EXPECTED TO PERFORM WITH HIS OWN FORCES ALL ITEMS OF
WORK FOR WHICH NO SUBCONTRACTOR IS LISTED.
THE FOLLOWING IS A COMPLETE LIST OF ITEMS INVOLVING TRAFFIC
SIGNAL AND STREET LIGHTING WORK TO BE SUBCONTRACTED ON THIS PROJECT. IF A
PORTION OF ANY ITEM OF WORK IS DONE BY A SUBCONTRACTOR# THE VALUE OF THE
WORK SUBCONTRACTED WILL BE BASED ON THE ESTIMATED COST OF SUCH PORTION OF
THE CONTRACT ITEMS DETERMINED FROM INFORMATION SUBMITTED BY THE CON-
TRACTOR, SUBJECT TO APPROVAL BY THE ENGINEER•
THE UNDERSIGNED# AS BIDDER• DECLARES THAT HE HAS NOT ACCEPTED
ANY DID FROM ANY SUBCONTRACTOR OR NATERIALMAN THROUGH ANY BID DEPOSITORY .
THE BY-LAWS# RULES OR REGULATIONS OF WHICH PROHIBIT OR PREVENT THE CON-
TRACTOR FROM CONSIDERING ANY BID FROM ANY SUBCONTRACTOR OR MATERIALMAN#
WHICH IS NOT PROCESSED THROUGH SAID BIO DEPOSITORY• OR WHICH PREVENT ANY
SUBCONTRACTOR OR MATERIALMAN FROM BIDDING TO ANY CONTRACTOR WHO DUES NOT
USE THE FACILITIES OF OR ACCEPT BIDS FROM OR THROUGH SUCH(ftrOSITORY.
P - 3 (��
PROPOSAL (CONT. )
N0. ITEM SUBCONTRACTOR ADDRESS
MN �—�---N---NYrrr—Nrr MNM—M—MNI—NNS �N--Nr--�Nrr�N r�
--M —N-----M--r ---N-- -----M----N-------N -------N--NY----r
---- ------------------------ -------------- ------ --------------------
---- ---------—r--------—---- ---------------------- --------------------
--�— ----------r-----------—— -----------——--------- -------------N-----
---- ------------------------ -----------—---------- --------------------
ACCOMPANYI(iG THIS PROPOSAL IS A PROPOSAL GUARANTY IN THE
AMOUNT OF
TEN (10) PERCENT OF AMOUNT 810
------------------------------------------------------------
(CASHIER'S
-----------------------------------
(CASHIER'S CHECK, CERTIFIED CHECK OR BIDDER'S BOAND ACCEPTABLE)
THE NAMES OF ALL PERSONS INTERESTED IN THE FOREGOING PROPOSAL
AS PRINCIPALS ARE AS FOLLOWS—
IMPORTANT NOTICE
--N—NN—M--N
IF THE BIDDER OR OTHER INTERESTED PERSON I5 A CORPORATIONS
STATE LEGAL NAME OF CORPORATION. ALSO NAMES OF PRESIDENT• SECRETARY9
TREASURERS AND MANAGER THEREOF. IF A COPARTNERSHIPS STATE TRUE NAME
OF FIRM. IF BIDDER OR OTHER INTERESTED PERSON IS AN INDIVIDUALS STATE
FIRST AND LAST NAME IN FULL*
------------------------------------ ------------------
------------------------------------
-—————————-
-----------------------------------------------------------------------------------
-----------------—------------—------------------------
LICENSED
-------------LICENSED TO DO OR SUOCOP:TRACT ALL CLASSES OF WORK INVOLVED
IN THE PROJECT• IN ACCORDANCE WITH AN ACT PROVIDING FOR THE REGISTRA—
TION OF CONTRACTORS* LICENSE We (CLASS— ) •
-------------
-——————-
-----r---------------------j--do----
— ---�-
-------------------------------------
(SIGNATURE
------------------------r---r--------
(SIGNATURE OF BIDDER)
BUSINESS ADDRESS
-rN—NN---------N---------N----N-------N--------
PLACE OF RESIDENCE
--NN-----------------— ---------- --------
DATE 19
P - 4 00039
Franklin Canyon Road Realignment
Project No. 1882-4475-661-78
For Pre-Bid Information, Contact
Road Design Division
Phone (415) 372-2131
SPECIAL PROVISIONS
FOR CONSTRUCTION ON COUNTY HIGHWAY
FRANKLIN CANYON ROAD
REALIGNMENT
COUNTY ROAD NO. 1882
VERNON L. CLINE, PUBLIC WORKS DIRECTOR
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
MARTINEZ, CALIFORNIA
AUGUST 1, 1978
00040
NOTICE
POTENTIAL BIDDERS
STANDARD SPECIFICATIONS OF CONTRA COSTA COUNTY FOR PUBLIC WORKS
CONSTRUCTION - 1978 EDITION (which are part of the specifications '
for the attached project) may be obtained at the Public Works
Department , Fifth Floor office, County Administration Building
for $3 . 20 each, (Sales Tax included) .
00041 6-5-78
FRANKLIN CANYON ROAD REALIGNMENT
PROJECT NO. 1882-4475-661-78
FOR PRE-BID INFORMATION, CONTACT
ROAD DESIGN DIVISION
PHONE C415) 372-2131
I N D E X
SECTION A - DESCRIPTION OF PROJECT & GENERAL REQUIREMENTS PAGE
1 . LOCATION A-1
2 . DESCRIPTION OF WORK A-1
3 . CONTRACT DOCUMENTS A-1
4. TIME OF COMPLETION & LIQUIDATED DAMAGES A-1
5 . PERMITS A-2
SECTION B - CONSTRUCTION DETAILS
1 . PUBLIC CONVENIENCE, PUBLIC SAFETY AND SIGNING B-1
2. COOPERATION B-1
3 . OBSTRUCTIONS B-1
4. RELATIONS WITH THE RAILWAY COMPANY B-2
5 . DUST CONTROL B-6
6 . EXISTING HIGHWAY FACILITIES B-6
7 . CLEARING AND GRUBBING B-6
8 . WATERING B-6
9 . EARTHWORK B-6
10 . EROSION CONTROL B-7
11 . ASPHALT CONCRETE B-7
12 . CORRUGATED STEEL PIPE B-8
00042
1
SECTION A - DESCRIPTION OF PROJECT & GENERAL REQUIREMENTS
1 . LOCATION
THE PROJECT IS LOCATED ON FRANKLIN CANYON ROAD BETWEEN
WOLCOTT LANE AND GOODFELLOW DRIVE.
2. DESCRIPTION OF WORK
THE WORK CONSISTS OF THE REALIGNMENT OF APPROXIMATELY 1,000
- FT. OF ROADWAY,, AND SUCH OTHER ITEMS OR DETAILS, NOT MENTIONED ABOVE
THAT ARE REQUIRED BY THE PLANS, STANDARD SPECIFICATIONS, OR THESE
SPECIAL PROVISIONS TO BE PERFORMED, PLACED, CONSTRUCTED OR INSTALLED.
3 . CONTRACT DOCUMENTS
THE WORK EMBRACED HEREIN SHALL CONFORM TO THE PLANS
ENTITLED:
"FRANKLIN CANYON ROAD REALIGNMENT, "
THE STANDARD SPECIFICATIONS OF CONTRA COSTA COUNTY FOR PUBLIC WORKS
CONSTRUCTION, 1978 EDITION, HEREINAFTER REFERRED TO AS (C.S . ), THE
STANDARD SPECIFICATIONS OF THE STATE OF CALIFORNIA, BUSINESS AND
TRANSPORTATION AGENCY, DEPARTMENT OF TRANSPORTATION, DATED JANUARY,
1978 (S . S. ), INSOFAR AS THE SAME MAY APPLY, THESE SPECIAL PROVISIONS,
THE NOTICE TO CONTRACTORS, THE PROPOSAL, THE CONTRACT (OR AGREEMENT,
THE TWO CONTRACT BONDS REQUIRED HEREIN, ANY SUPPLEMENTAL AGREEMENTS
AMENDING OR EXTENDING THE WORK, WORKING DRAWINGS OR SKETCHES CLARIFYING
OR ENLARGING UPON THE WORK SPECIFIED HEREIN, AND TO PERTINENT PORTIONS
OF OTHER DOCUMENTS INCLUDED BY REFERENCE THERETO IN THESE SPECIAL
PROVISIONS .
4. TIME OF COMPLETION S LIQUIDATED DAMAGES
THE CONTRACTOR SHALL COMMENCE WORK UPON RECEIPT OF
DIRECTIONS TO PROCEED AS STATED IN THE "NOTICE TO PROCEED" ISSUED
BY THE PUBLIC WORKS DEPARTMENT AND SHALL COMPLETE THE WORK WITHIN
THE ALLOTTED TIME OF:
25 WORKING DAYS
COUNTING FROM AND INCLUDING THE DAY STATED AS THE STARTING DATE IN
THE "NOTICE TO PROCEED. "
A - 1 P0043
SECTION B - CONSTRUCTION DETAILS
1 . PUBLIC CONVENIENCE, PUBLIC SAFETY AND SIGNING
AS DIRECTED BY THE ENGINEER, "CAT TRACKING" CBROKEN
SINGLE OR DOUBLE STRIPE) OF THE CENTERLINE SHALL BE DONE BY THE
CONTRACTOR AT THE END OF EACH DAYS WORK TO PROVIDE FOR THE SAFE AND
CONVENIENT PASSAGE OF TRAFFIC THROUGH THE PROJECT AREA. FULL COM-
PENSATION FOR CAT TRACKING THE PAVEMENT SHALL BE CONSIDERED AS
INCLUDED IN THE CONTRACT PRICE PAID FOR SIGNING AND TRAFFIC CONTROL,
AND NO SEPARATE PAYMENT WILL BE ALLOWED THEREFOR.
FULL COMPENSATION FOR FURNISHING ALL LABOR, INCLUDING
FLAGMEN SHALL BE CONSIDERED AS INCLUDED IN THE CONTRACT LUMP SUM
PRICE PAID FOR SIGNING AND TRAFFIC CONTROL, AND NO ADDITIONAL COM-
PENSATION WILL BE ALLOWED THEREFOR.
2 . COOPERATION
THE FOLLOWING WORK BY OTHER FORCES MAY BE UNDER WAY
WITHIN AND ADJACENT TO THE LIMITS OF THE WORK SPECIFIED, AS FOLLOWS :
1 . JOINT POLE, AND ELECTRICAL AND TELEPHONE
FACILITY RELOCATIONS .
3 . OBSTRUCTIONS
ATTENTION IS DIRECTED TO THE PRESENCE OF OVERHEAD
UTILITIES IN THE CONSTRUCTION AREA.
X004-�
B - 1
SECTION A - DESCRIPTION OF PROJECT S GENERAL REQUIREMENTS
4. TIME OF COMPLETION & LIQUIDATED DAMAGES (CONT. )
THE CONTRACTOR SHALL PAY TO THE COUNTY OF CONTRA COSTA
THE SUM OF $75 . 00 PER DAY FOR EACH AND EVERY CALENDAR DAY OF DELAY
IN FINISHING THE WORK IN EXCESS OF THE NUMBER OF WORKING DAYS PRE-
SCRIBED ABOVE, AND AUTHORIZED EXTENSION THEREOF.
5 . PERMITS
GRADING - THE CONTRACTOR SHALL COMPLY WITH THE APPLI-
CABLE PROVISIONS IN THE COUNTY GRADING ORDINANCES (TITLE 7- DIVISION
716 OF THE CONTRA COSTA COUNTY ORDINANCE CODE) IN THE PROCESS OF
DISPOSING OF THE EXCESS MATERIAL AS FILL ON PRIVATE PROPERTY WITHIN
THE COUNTY.
FULL COMPENSATION FOR CONFORMING TO PERMIT REQUIREMENTS
SHALL BE CONSIDERED AS INCLUDED IN THE PRICE PAID FOR THE ITEMS IN
WHICH THE PERMIT IS REQUIRED.
00044
A - 2
SECTION B - CONSTRUCTION DETAILS -
1 . PUBLIC CONVENIENCE, PUBLIC SAFETY AND SIGNING
AS DIRECTED BY THE ENGINEER, "CAT TRACKING" CBROKEN
SINGLE OR DOUBLE STRIPE) OF THE CENTERLINE SHALL BE DONE BY THE
CONTRACTOR AT THE END OF EACH DAYS WORK TO PROVIDE FOR THE SAFE AND
CONVENIENT PASSAGE OF TRAFFIC THROUGH THE PROJECT AREA. FULL COM-
PENSATION FOR CAT TRACKING THE PAVEMENT SHALL BE CONSIDERED AS
INCLUDED IN THE CONTRACT PRICE PAID FOR SIGNING AND TRAFFIC CONTROL,
AND NO SEPARATE PAYMENT WILL BE ALLOWED THEREFOR.
FULL COMPENSATION FOR FURNISHING ALL LABOR, INCLUDING
FLAGMEN SHALL BE CONSIDERED AS INCLUDED IN THE CONTRACT LUMP SUM
PRICE PAID FOR SIGNING AND TRAFFIC CONTROL, AND NO ADDITIONAL COM-
PENSATION WILL BE ALLOWED THEREFOR.
2 . COOPERATION
THE FOLLOWING WORK BY OTHER FORCES MAY BE UNDER WAY
WITHIN AND ADJACENT TO THE LIMITS OF THE WORK SPECIFIED, AS FOLLOWS :
1 . JOINT POLE, AND ELECTRICAL AND TELEPHONE
FACILITY RELOCATIONS .
3 . OBSTRUCTIONS
ATTENTION IS DIRECTED TO THE PRESENCE OF OVERHEAD
UTILITIES IN THE CONSTRUCTION AREA.
00041
B - 1
SECTION B - CONSTRUCTION DETAILS
4 . RELATIONS WITH THE RAILWAY COMPANY
The contractor will be required to obtain a permit
from the Atchison , Topeka and Santa Fe Railway Company. The
application form for this permit will be provided by the County to
the successful bidder. No fee is involved in the filing of the
permit application .
In addition to any other form of insurance or bonds
required under the terms of the contract and specifications , the
Contractor shall furnish Public Liability Insurance and Property
Damage Liability Insurance in favor of The Atchison , Topeka and
Santa Fe Railway Company , 121 E . Sixth Street , Los Angeles ,
California 90014 and which policy or policies of insurance shall
contain an endorsement in the form as hereinafter specified .
Such insurance shall be approved as satisfactory by
said Atchison , Topeka and Santa Fe Railway Company before any
work is performed on railway property and shall be carried until
such work, under the terms of the contract , is satisfactorily completed
as determined by the Engineer , and thereafter until all tools ,
equipment and materials have been removed from The Atchison , Topeka
and Santa Fe Railway Comipany ' s property and the premises are left in
a clean and presentable condition .
The insurance herein required shall be obtained by
the successful bidder andone certified copy of each policy shall
be mailed to the Contra Costa County Public Works Director,
Administration Building , Martinez, California , 94553 •
Full compensation for . all premiums which the Con-
tractor is required to pay on all the insurance described herein
shall be considered as included in the prices paid for the various
items of work to be performed under the contract , and no addi -
tional allowance will be made therefor or for additional premiums
which may be required by extensions of the policies of insurance .
B - 2 00046
RELATIONS '+LITH RAILWAY COMPANY ( Cont. )
RAILROAD PROTECTIVE INSURANCE ENDORSEMENT
PUBLIC LIABILITY AND PROPERTY DAMAGE
In consideration of the premium charged for the policy
of insurance to which this endorsement is attached, it is further
understood and agreed as follows :
1 . That The Atchison , Topeka and Santa Fe Railway
Company is hereinafter referred to as the " Insured . "
2. That the insurance company hereby agrees to pay to
and on behalf of the insured and indemnify the insured against:
A. All loss from the liability imposed upon the
insured by law for damages for bodily injuries ( including death
at any time resulting therefrom, and including care and loss of
service) suffered or alleged to have been suffered by any person
or persons (including, but not limited to , passengers and employees
of the insured) , caused by, resulting from or in any manner con-
nected with the prosecution of the work hereinafter described; and
B . All loss from and liability for damage to or toss
or destruction of property and loss of use thereof ( including, but
not limited to property owned, leased , occupied or used by , or in
the care , custody and control of the insured or any employees of
the insured) , caused by resulting from or in any manner connected
with the prosecution of the work hereinafter described.
3. The insurance company hereby agrees :
A. To defend In the name of and on behalf of the
insured any suit or action brought against the insured seeking
damages on account of any such bodily injury or death , or property
damage , loss or destruction , even if such suit or action is ground-
less , false or fraudulent; provided, however, that the defense of
any suit or action (or the prosecution of any subrogation rights)
within the scope of the coverage of this policy , shall be handled
in cooperation with the insured if the latter so chooses .
B . To pay , irrespective of the limits of liability
stated in this endorsement , all costs , all premiums on attachment
and appeal bonds taxed against the insured or required in any such
proceedings , all expenses incurred by the insured , and all interest
accruing after entry of judgment against such part thereof as shall
not be in excess of the limits of the insurance company 's liability
until the insurance company has paid, tendered or deposited in court
the amount of such judgment or such part thereof as does not exceed
the limits of the insurance company 's liability as expressed in
this endorsement.
. . 00047
B - 3
4 . Description of the work: The insurance company
hareby agrees that the work herein referred to shall mean all
work and operations of the Contractor hereinafter named and its
subcontractors , agents and employees , under or in connection with
Co^tract No . dated between the
County of Contra Costa , acting by and through its Public Works
Department and , and any amend-
Name of Contractor
ments thereof and supplements thereto , for constructing County
highway in Contra Costa County, between
and ;
5. The insurance company hereby agrees that all exclusions
in the policy of insurance to which this endorsement is attached are
hereby deleted, but it is understood and agreed that this endorse-
ment does not cover any liability or loss as a result of bodily
injury or death , or property damage or destruction ;
A. Caused solely by the negligence of the insured,
its agents or employees .
B . Suffered by any person or persons , or occasioned
to any property , on account of whose injury or death or the damage
or destruction of which the insured shall have by agreement or
otherwise voluntarily assumed or retained liability which , without
such agreement, would not attach ; provided , however, this endorse-
ment shall cover any liability of the insured arising "from or as a
part of any contract for the carriage of persons or property as a
common carrier, and any liability as a bailee or otherwise of
property , including rolling stock and equipment.
6 . It is further understood and agreed that when employees
of the insured are loaned or assigned to the Contractor or his sub-
contractor, to perform work in connection with his operations covered
by this endorsement which is not in any way the work , business or
operation of the trains of the insured, or is not done under direct
control of the insured, and if such employees of the insured are
subject to the direction and control of the Contractor, his agents ,
employees or subcontractors , in all matters pertaining to their work,
then for the purpose of this insurance such employees shall be
regarded as employees of the Contractor.
7. The limits of the insurance company 's liability under
this endorsement to the insured are as follows :
( Each Each
( Person Occurrence Aggregate
(Bodily injuries and death
( coverage $500 ,000 X1 ,000 ,000 'Not applicable
(
(Property damage coverage Not appli - $ : ,000 ,000 $1 ,000 ,000
(
cable
(
( Deductible Clause -- Property Darage Only. 00048
B - 4
RELATIONS WITH RAILWAY COMPANY ( Cont. )
From the amount of claims arising from any occurrence
covered hereunder, the sum of $500 shall be deducted and insurance
company shall be liable only for the amount in excess thereof
within the limit of liability stated above.
8. Anything in the policy to which this endorsement is
attached to the contrary notwithstanding , coverage provided under
this policy is exclusive of any carried by the insured, and coverages
provided under this policy shall be exhausted first , notwithstanding
the fact that the insured may have other valid and collectible in-
surance covering the same risk .
9 . Anything in the policy to which this endorsement is
attached to the contrary notwithstanding , the policy shall not be
canceled , altered, amended or coverage reduced, without the giving
of not less than thirty ( 30) days written notice by the insurance
company to the insured and the County of Contra Costa, acting by
and through its Public Works Department.
10 . Liability for payment of premiums under the policy
to which this endorsement is attached, is solely upon the Con-
tractor named in paragraph 4 hereof.
11 . Any of the provisions of the policy to which this
endorsement is attached , inconsistent with this endorc.ement are
hereby amended to conform with this endorsement; but, except as
hereby modified and supplemented , the provisions of this policy
shall be and remain in full force and effect.
This endorsement is to be attached to and forms a
part of Policy No . issued to The Atchison , Topeka
and Santa Fe Railway Company and shall become effective on. the
day of , 19 , at the hour
designated in said policy .
IN WITNESS WHEREOF, the
Insurance Company has caused this endorsement to be signed y Its
president; but the same shall not be binding upon the company
unless countersigned by its authorized agent.
Countersigned at
Authorized Agent President
00049
B - 5
5 . DUST CONTROL
ATTENTION IS DIRECTED TO SECTION 10, "DUST CONTROL, "
OF THE STANDARD SPECIFICATIONS .
6 . EXISTING HIGHWAY FACILITIES
THE PROVISIONS IN C.S. SEC. 15-1 . 02 "TRAFFIC STRIPES
AND PAVEMENT MARKINGS" IS MODIFIED TO INCLUDE THE FOLLOWING:
ALL EXISTING PAVEMENT MARKERS WITHIN THE PROJECT LIMITS
SHALL BE REMOVED AND DISPOSED OF IN ACCORDANCE WITH THE PROVISIONS
OF (S . S . ) SECTION 15, "EXISTING HIGHWAY FACILITIES," AND THESE SPECIAL
PROVISIONS.
ALL FRAGMENTS RESULTING FROM THE REMOVAL OF PAVEMENT
MARKERS SHALL BE REMOVED FROM THE PAVEMENT SURFACE BEFORE THE LANE
OR LANES ARE OPENED TO PUBLIC TRAFFIC.
FULL COMPENSATION FOR REMOVAL OF PAVEMENT MARKERS SHALL
BE CONSIDERED AS INCLUDED IN THE CONTRACT PRICE PAID PER LINEAL
FOOT FOR REMOVE PAINTED TRAFFIC STRIPE, AND NO SEPARATE PAYMENT WILL
BE MADE THEREFOR.
7. CLEARING AND GRUBBING
CLEARING AND GRUBBING SHALL BE PERFORMED ONLY AS
NECESSARY WITHIN THE GRADING SLOPE LINES.
8 . WATERING
FULL COMPENSATION FOR DEVELOPING WATER SUPPLY AND APPLYING
WATER, INCLUDING WATER USED TO CONTROL DUST RESULTING FROM CONTRACTOR'S
PERFORMANCE OF THE WORK AND FOR THE PURPOSE OF CONTROLLING DUST
CAUSED BY PUBLIC TRAFFIC, SHALL BE CONSIDERED AS INCLUDED IN THE
PRICES PAID FOR THE VARIOUS CONTRACT ITEMS OF WORK INVOLVING THE USE
OF WATER, AND NO SEPARATE PAYMENT WILL BE MADE THEREFOR.
9 . EARTHWORK
IT IS ANTICIPATED THAT THERE WILL BE AN EXCESS OF 500 CY
OF EXCAVATED MATERIAL WHICH SHALL BE DISPOSED OF BY THE CONTRACTOR
OFF THE JOB SITE, IN ACCORDANCE WITH THE PROVISIONS IN SECTION 7-1 . 13,
"DISPOSAL OF MATERIAL OUTSIDE THE HIGHWAY RIGHT OF WAY, " OF THE
STANDARD SPECIFICATIONS .
B - 6 00950
9 . EARTHWORK CCONTINUED)
THE VERTICAL FACE BUTT JOINT CONFORM BETWEEN THE EX-
ISTING ROADWAY AND THE NEW PAVEMENT SHALL BE ACHIEVED BY SAWCUTTING.
FULL COMPENSATION FOR SAW-CUTTING SHALL BE CONSIDERED
AS INCLUDED IN THE CONTRACT PRICE PAID PER CUBIC YARD OF ROADWAY
EXCAVATION, AND NO ADDITIONAL COMPENSATION WILL BE ALLOWED THEREFOR.
10 . EROSION CONTROL
SEED SHALL CONFORM TO THE PROVISIONS OF THE CALIFORNIA
AGRICULTURAL CODE AND THE FEDERAL SEED ACT AND SHALL CONSIST OF THE
FOLLOWING TYPES AND APPLICATION RATES :
BARLEY 130 LBS . PER ACRE, SLOPE MEASURE
RYE GRASS 130 LBS . PER ACRE, SLOPE MEASURE
OR
RYE GRASS 130 LBS . PER ACRE, SLOPE MEASURE
BLANDO BROMEGRASS 130 LBS . PER ACRE, SLOPE MEASURE
11 . ASPHALT CONCRETE
ASPHALT CONCRETE MIXTURES OTHER THAN OPEN GRADED SHALL
BE PLACED ONLY WHEN THE ATMOSPHERIC TEMPERATURE IS ABOVE THAT LISTED
BELOW FOR CORRESPONDING WIND VELOCITIES AS MEASURED BY CCCO TEST
METHOD NUMBER 342 . CAVERAGE WIND VELOCITY MEASURED WITH A HAND HELD
ANEMOMETER)
MINIMUM ATMOSPHERIC TEMPERATURE (OF) - AVERAGE WIND VELOCITY (MPH)
40 = 0
43 = 5
47 = 10
51 = 15
55 = 20
59 = 25
63 = 30
67 = 35
THE ASPHALT CONCRETE SURFACE COURSE SHALL BE SPREAD IN 2
LAYERS EACH OF . 15-FOOT THICKNESS.
0051
B - 7
1 ! . ASPHALT CONCRETE CCONT. )
THE CONTRACT PRICE PAID FOR ASPHALT CONCRETE SHALL INCLUDE
FULL COMPENSATION FOR THE FOLLOWING:
CAS FURNISHING AND APPLYING ASPHALTIC EMULSION;
CBS FURNISHING AND APPLYING LIQUID ASPHALT CSC-70) AS
A PRIME COAT
1 '2. CORRUGATED STEEL PIPE
THE CONTRACT PRICE PAID PER LINEAR FOOT OF 36" CSP SHALL
INCLUDE FULL COMPENSATION FOR STRUCTURE EXCAVATION, STRUCTURE BACKFILL,
BAND COUPLER, AND INSTALLING ROADSIDE CULVERT MARKER, AND NO ADDITIONAL
COMPENSATION WILL BE ALLOWED THEREFOR.
:00052
� B - 8
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of Approving Plans )
and Specifications for the Port )
Chicago' Highway Widening at Naval ) RESOLUTION mo . 78/754
Weapons Station , Clyde Area . )
Project No. 4371 -4458-661 -78 )
WHEREAS Plans and Specifications for the Port Chicago
Highway Widening at Naval Weapons Station
have been filed with the Board this day by the Public Works Director;
and
WHEREAS the general prevailing rates of wages , which shall
be the minimum rates paid on this project ,, have been approved by
this Board ; and
WHEREAS this project is considered exempt from Environmental
Impact Report requirements as a Class 1C Categorical Exemption under
the County Guidelines , and the Board concurs In this finding ; and
IT IS BY THE BOARD RESOLVED that said Plans and Specifica-
tions are hereby APPROVED . Bids for this work will be received on
August 31 , 1978 at 2 :00 p,- m_ , and the Clerk of
this Board is directed to publish Notice to Contractors in accordance
with Section 1072 of the Streets and Highways Code, inviting
bids for said work, said Notice to be published in
the 3L C PITO JOURITAL
PASSED AND ADOPTED by the Board on August 1 ,. 1978
Originator: Public Works Department _
cc: Public Works Director
Auditor-Controller
RESOLUTION NO. 78/7 j4
_ ppp53
'r bPORT CHICAGO HIGHWAY
• PROJECT NOo 4371-4459-661-7P
CONTRA COSTA COUNTY PU('LIC WORKS DEPARTMENT
MARTINEZ• CALIFORNIA
NOTICE TO CONTRACTORS
---------------------
NOTICE IS HERESY GIVEN 9Y ORDER OF THE BOARD CF SUPERVISORS OF
CONT"A COSTA CCUNTY, THAT THE PUBLIC WOPKS DIRECTOR WILL RECEIVE BIDS
UMTIL 2 O'CLOCK P.ti•. ON AUGUST 31 + 1979 . FOP THE FURINISHING OF ALL LA8CR+
"ATFO i ALS 9 FOU I PENT+ TRANSPORTATION' AND SERVICES FOR
PORT CHICAGO HIGHWAY :•lIDENING AT No we S.
THE PRCJECT IS LCCATED ON THE PORT CHICAGO t;IGHWAY BET,,'EEN TtsE
MT. DIABLO CPEFK PRI'DGE AND THE NAVAL WEAPONS STAT!.CN ENTRANCE IN CLYD=.
THE :FORK SHALL RE ::ONE IN ACCORDANCE :•11Th ZFFICIAL PLANS AND
SPFCIFICATIOvS PREPARED IN REFERENCE THCRETO.
BIDS ARE REQUIRED FOR THE ENTIRE WORK DFSCRI'3ED HEREINo
ENGINEERS ESTIMATE
ITFM ESTIMATED UNIT OF
NO. QUANTITY v=ASURE ITEM"
1 LS SIGNING AND TRAFFIC CONTROL
2 4 EA RELOCATE ROADSIDE SIGN
3 (F) 405 CY ROADWAY EXCAVATION
4 (c) 570 TON CLASS 2 AGGREGATE SUBBASE
5 (F) 315 TON CLASS 2 AGGREGATE BASE
6 (F) 160 TORN TYPE 0 ASPHALT CONCRETE
7 514 LF ASPHALT CONCRETE DIKE
S 1p EA TYPE H PAVEMENT PARKER
Fl ED
al�
r ►; / !978
Microfilmed with board order J. R OLSSON
MUMCO TRA O'r SU'I-�'��
M1 - 1
NOTIC!= TO CONTRACTORS (CONT. )
EACH PROPOSAL IS TO RE IN ACCORDANCE ::I TH THE PLANS AND SPEC:—
CICATICNS ON FILE AT THE OFFICE OF THE CLERK OF THE 90ARD OF SUPER—
VISORS+ COUNTY ADMINISTRATION BUILDING+ 651 PINE STREET+ MARTINEZ*
CAL I FORN!A.
THE PLANS AND SPECIFICATIONS MAY SE EXAMINED AT THE OFFICE UF
THF CLERK OF THE BOARD OF SUPERVISORS OR AT THE PU9LIC WORKS DEPARTMENTS
qTH FLOOR OF SAID COUNTY At`MI`ISTRATION AUILDING. PLANS AND SPECIFICA—
TIONS ( NOT INCLUDING COUNTY AND STATE STANDARD SPECIFICATIONS OR OTHER
DOCUMENTS INCLUDED PY- REFERENCE ) AND. PROPOSAL FORMS+ :HAY FE OBTAINED BY
PROSPECTIVE ?IDDERS AT THE PUBLIC WORKS DEPARTMENT. 5TH FLOOR. COUNTY
ADMINISTRATION BUILDING+ UPON PAYMENT OF A PRINTING AND SERVICE CHARGE IN
THE ANIOUNT OF TWO AND 66/100 DOLLARS (52.66) (SALES TAX INCLUDED) •
MMIC" AvOUNT SHALL NOT OF REFU`!DA?LF. CHFCKS SHALL RE MADE PAYA?L: TO ' THS _
COLD-:TY OF CCNTRA COSTA ' + AND SHALL SE irAILED TO PUP.LIC WORKS DEPART.'IENT+
.,TN FLr'GiR , AflYIN-ISTRATION RUl�DI G. A�TZ. C.:LIFCk.`lAEACH BIC SHALL BE ti'•ADE ON A PROPOSAL FORTH TO BE OBTAINED AT
THE BURL;C WORKS DEOARV,'E_NT• ETH FLOORS COUNTY ADMINISTRATIC."i BUILDIING.
RIDS A!?E REQUIRED FOR THE ENTIRE WORK DESCRIBED mEREINO AND NEITHER
PARTIAL NOR CONTINGE'!T BIDS :•TILL BE CONSIDERED.
A PROPOSAL GUARANTY IN THE A:vOj.4T OF
TEN ( 10) PERCENT OF A-VOU":T BID
SHALL ACCOMDA,NY THE PROPOSAL. THE PROPOSAL GUARANTY %'AY BE IN THE FOR.-1
OF A CASHIER'S CHECK , CERTIFIED CHECK OR ? :DDERIS BOND. PACE PAYASLE TO
THS IORDER OF 'TLiE COUI:TY OF CONTRA COSTA. '
THE AP.OvE—vENTIONEJ SECURITY SHALL BE GIVEN AS A GUARANTEE
THAT TLIE n I DDER WILL ENTER INTO A CONTRACT IF AWARDED THE WUKK 9 A.rD WILL
PE FORFEITED RY THE BIDDER AND RETAINED BY THE COUNTY IF THE SUCCESSFUL
RIDDFR REFUSES . NEGLECTS OR =AILS TO ENTER INTO SAID CONTRACT OR TO
FL!F!NISH TuE NECESSARY PONDS AFTER BEING :ECUESTED TO CO SO ?Y T!-JE BOARD
OF SUPERVISORS C= CONTRA COSTA COUNTY.
?ID PROPOSALS SHALL SE SEALED AND SHALL BE SUBMITTED TO THE
PUBLIC WORKS DIRECTOR, 6TH FLOOR , COUNTY ADNINISTRAT:ON BUILDING, 651 P.T.-',E
STREET. MARTINEZ+ CALIFORNIA, ON OR BEFORE THE
31ST DAY OF AUGUST. 1979 . AT ?. O'CLOCK PeMe
AND .,►IL(. QE OPE":ED IN PUBLIC AND AT THE TIFF DUE. IN THE CONFERENCE ROOMM,
OF THE PUBLIC 'WORKS DEPARTMENT, 6TH FLOOR • AD'11INISTRATION ALDG. , .1ARTI;:EZ9
CAL;FORNIA. AND THERF READ AND RECORDEC. ALL BID PtRCPOSALS REC=IVSD
AFTER THE TI`'E SPFCIFIED I`: TH=IS `LACTIC= :•:ILL R=TLR`:ED ',:NJPE,%ED.
00045
• *!OT I C.E TO CONTRACTORS (CONT. )
-------------------------
THE
---'----------------------
THE SUCCESSFUL R I ODER WILL BE R EC;;I RED 00 FUR.'i I S,-t A LA=C.R
MATFRIALS SCND IN AN A-MOUNT EQUAL TO FIFTY PERCENT OF THE C'UNTRACT
PRICE AND A FAITHFUL PERFORMANCE SOND I'N AN A'.,UUNT EQUAL TO ONE HUNDRED
DERCENT OF THE CONTRACT PRICE• SAID BONDS TO SE SECURED FROM A SURETY
CO`O ANY AUTHORIZED TO DO BUSINESS IN THE STATE OF CALIFORNIA.
BIDDERS ARE HERE-!Y NOTIr=IED THAT PURSUANT TO SECTION 1773 OF
THF LAFOR CO^E OF THE STATE OF CALIFORNIA . OR LOCAL LAV; APPLICABLE
THERETO• THE SAID POARD HAS ASCERTAINED THE GENERAL PREVAILI.�G RATE OF
OER - DIE"# WAGES AND RATES FOR LEGAL HOLIDAYS AND OVERTIME ',:ORK IN THE
LOCALITY IN 'WHICH THIS WORK IS TC EE PERFORMED FOR EACH TYPE OF ;dORKPAN
OR MECHANIC REQUIRED TO EXECUTE THE CONTRACT WHICH t;ILL BE A:iARDED TC
THE SUCCESSFUL PIODER. THE PREVAILING RATE OF PER DIEM WAGES :5 ON FILE
wrTH THF. CLERK OF THE °OARD OF SUPERVISORS + AND IS INCORPORATED mEREIN
nY REFERE`:CE THERETO• THF SA:rE AS IF SET FCPTH IN FULL HEREIN.
FOR ANY CLASSIFICATION NOT I,,.CLUL'EJ IN THE LIST, THE
WAGE SHALL RE THE GENERAL PREVAILING RATE FCR THE COUNTY.
THE SAID BOARD RESERVES THE RIGHT TO REJECT ANY AND ALL SIDS
OR ANY PORTION CF ANY ?Ip AND/OR WAIVE AlY IRREGULARITY I+N ANY BID
RECEIVEDs
BY ORDER OF THE ?CARD OF SUPERVISCRS
OF CONTRA COSTA CCJNTY
J.R. OLSSON
COUNTY CLERK AND EX-GFFICIG CLAIRK
OF THE BOARD OF SUPERVISORS
BY
------------------------------------
DEPUTY
OATED—
DURLICATION OATFS—
--------------------------------
-------------------------------- a0 lz"
J PORT CHICAGO HIGHWAY
PROJECT N0. 4371 -4458-661-78
AIDS DUE AUGUST 319 1978+
AT 2 O'CLOOCK P oY s
6TH FLOOR 9 COUNTY ADiM I N I STRAT I Opti
BUILDI:NG9 651 PI..AIE STREET.
MARTINEZ+ CALIFORNIA 94553
TO THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
MARTINEZ* CALIFORNIA
P R O P O S A L
F 0 R
PORT CHICAGO HIGHWAY WIDENING AT N. We S.
NAME OF BIDDER
RUSINE55 ADDRESS
PLACF OF RESIDENCE
--------------------------------
TO THE BOARD OF SUPERVISORS OF CONTRA COSTA COUINTY —
THE UNDERSIGNE09 AS BIDDER , DECLARES THAT THE O�:LY PERSOP:S OZ
PARTIES INTERESTED IN THIS PROPOSAL AS PRI+NCIPALS ARE THOSE NA--.'ED HEREIN-
THAT THIS PROPOSAL IS MADE -X I THCUT COLLUSION WITH ANY OTHER PERSON P FIRM.
OR CORPOPATION— THAT HE HAS CAREFULLY EXAMINED THE LOCATIOi`: ::F THE PRO—
POSED :ORK 9 PLANS AND SPECIFICATIONS— AND HE PROPOSES AND AGREES 9 IF THIS
PROPOSAL IS ACCEPTED, THAT HE WILL CONTRACT WITH THE COUNTY CF CONTRA
COSTA TO PROVI E ALL NECESSARY MACHINERY9 TOOLS9 APPARATUS AND OT�-'ER MEANS
OF CONSTRUCTION9 AND TO DO ALL THE WORK AND FURNISH ALL THE MATERIALS
SPECIFIED IN THE CONTRACT* IN THE MANNER AND TIME PRESCRISED9 AND ACCOkD—
ING TO THE REQUIRE"TENTS OF THE ENGINEER AS THEREIN SET FCRTH9 AND THAT HE
:,►ILL TAKE IN FULL PAYMENT T�IEREFOR A; AMOUNT RASED O.: THE UN.I T PRICES
SPECIFIED HEREINBELOW FOR THF VARIOUS ITEMS OF wORK9 THE TOTAL VALUE OF
SAID CRC AS ESTIMATFD HERFIN BEING 5
--------------------
( INSERT TOTAL)
AND THE FOLLOWING BEING THE UNIT PRICES FID9 TO WIT-
0005-7
P - 1
DRODOSAL (CONT. ; (Pl ICE .NOT TO EXCEED THREE (3 ) D CI.fALS)
-------------------------------------------------------------r------- ---------
I TE;.! TOTAL
1T.5" ESTIMATED uNIT CF PRI:E( 1,% ( I
"% OlUAtiTITY %'EASU<F ITEC-• FIGURES) FIGURES )
---------------------------------------------------------------------- ---------
LS
--------
LS S i GiN I NG AND TUFF I C CONTROL
-------------------------------------------------------------- -------- ----------
FA
------- ---------
EA RELOCATE =OADSIDE SIGrN
------------------------------------------------------------- ------- ---------
405 CY ROADWAY EXCAVATION
------------------------------------------------------------- ------- ---------
4 570 TO'1 CLASS 2 AGGREGATE SUCRASE
( c )
------------------------------------------------------------- ------- ---------
315 TON CLASS 2 .AGGREGATE BASE
( c )
----- --------------------- ----------------------------------------- ---------
f� IF.O TCN TYPE B ASPHALT CONCRETE
( F)
7 514 LF ASPHALT CCNCRETE DIKE
-- - -- - - ------ ---
3 1 EA TYPE H PAVEN'EtiT YARKER j
--------------------------------------------------------------1--------t---------
%U-TE-PLEASE SHOW TCT."•L ON PAC'E P-1 TC T AL
---------------------------------------------------------------------------------
ON%
A
PRCOOSAL (CON'. )
----- ----------
IN CASE OF A DISCREPANCY ?ET.,EEN UNIT PRICES AND TOTALS• THE UNIT
DRICES SHALL PREVAIL.
IT IS UN.DFP.STOOD AND AGREED THAT THE QUANTITIES OF WORK UNDER
EACH ITFV ARE APPROXIMATE ONLY• BEING GIVEN FOR A BASIS OF COMPARISON
OF PROPOSAL, AND THE RIGHT IS RESERVED TO THE COUNTY To INCREASE OR DE—
CREASE THE AMOUNT OF 'WORK UNDER ANY ITEM AS MAY 9E REOU IRED• IN ACCORD—
ANCE WITH PROVISION'S SET FORTH IN THE SPECIFICATIONS FOR THIS PIOJECT.
IT IS FUPTHER tiNr)ERST00D AND AGREPO THAT THE TOTAL A'4OUm' OF
MONEY SFT FCPTH FCR FACH ITE^'' OF (WORK JR AS THE TOTAL AMOUNT EID FOR
THE PROJECT+ DOES NOT CONSTITLTE AN.: AGREEME":T TO PAY A LUMP SUM FOR THE
I-!CRK UNLESS IT SPECIFICALLY SO STATES,
IT IS HERFRY AGREED THAT THE UNDERS I GNED r AS :3I DDER r SHALL
=11RNI_CH A LABOR AND MATERIALS BOND IN AN AM'OUN'T EQUAL TO FIFTY PERCENT OF
THE TOTAL A—01111T OF THIS PPOPOSAL AND A FAITHFUL PERFORMANCE BOND TO Lir
0%F HUNDRED PERCENT OF THE TOTAL AMOUNT OF THIS ►PROPOSAL+ TO THE COUNTY
.nF CONT:PA COSTA AND AT No FXPENSE TO SAID COUNTYP EXECUTED 9Y A RESPOAS-
IPLF SURFTY ACCEPTAPLE TO SAID COUNTY• IN THE EVENT THAT THIS PROPOSAL
IS ACCEPTED P.Y SAID COUNTY OF CONTRA COSTA.
IF THIS PROPOSAL SHALL RE 'ACCEPTED AND THE UNDERSIG,NED SHALL
GAIL TO CONTRACT AS AFORESAID AND TO GIVE THE TWO BGNDS IN THE SU•!S TU
QE DETERMINED AS AFORESAID, WITH SURETY SATISFACTORY TO THE 30ARD OF
SUPEPV I SCRS+ WITHIN SEVEN ( 7) DAYS, NOT INCLUDING SUNDAYS+ AFTER THE
RIDDFR HAS RECEIVED NOTICE FROM T.HE BOARD OF SUPERVISCkS THAT THE CON—
TRACT IS PEACY FOR SIGNATU?E• THE EOARD OF SUPERVISORS M.AY. AT ITS
nPTIC%g DFTER'•,INF THAT THE P. IJDER HAS ABANDONED THE CONTRACT, AND
THEREL'PCN TH:S PROPOSAL AND THE ACCEPTANCE THEREOF SHALL EE NULL AND
%/C I D AND THE FORFE:TORE OF SUCH SECURITY ACCO.'PANY ING -THIS PRCFOSAL SHALL
DPEI�ATC AND THE SA'•'E SHALL BE THE PROPERTY OF Ti-+E COUNTY OF CC::TRA COSTA.
SUPCONTPACTS
------------
THF 'CONTRACTOR AGREES• BY SUMMISSIO,N OF THIS PROPOSAL+ TO Com;%—
FOR'+' TO THE REGUIREM'FNTS OF SECTION 4100 TH:?C'JGH 4113 OF THE GOVERN-YENT
CODE PERTH I+i%rNG TO SL:BCCNTRACTORS r EXCEPT AS PROV I DED un4DER SE CT I011.4
41400@59 THE SA,,'E aS IF INCORPORA7ED HEREIN* FOR ALL TRAFFIC S I CNAL AND
STPEET L;GHTING WORK9 A CCNIPLETE LIST OF SURCUNTRACTCRS IS RECD:RED A'iD
THE P I`DFP e I LL 9F FXPF_ CTF^ TO PE RFORN! WITH HIS t7:•I,N FORCES ALL I TEIAS OF
!'OPK FOP :•!HI CH NO SUP.CONITRACTOR IS LISTED.
T-IF F0L LC'.qI,4G IS .A COMPLETE LIST OF ITEMS INVOLVING TRAFFIC
SIGNAL AND ST4EET LIGHTING '.vORK TO RE SUECONTRACTED ON THIS PRL'JECT. IF ."-
PORT IO:': OF A%,y I TFY OF WORK 15 DONE 9Y A SURCOr:TRACTOR • THE vALU= ZF Tr,t
'r'OOK cUQ.^ON:T?aCTED 'W!LL ?E BASED OWN THE ESTIMATED COST OF SUCH PORT?3N CF
THE CONTRACT ITFv. DFTEQMINED FRO%l INFOR%'ATrzN SUE•"•':TTED SY Tr-i= CON;—
TRACTOR9 SUPjEC T TO APDROVAL PY THE EN;GINEEiR.
?H= 'UNDEIS IGN E0 r AS BIDDE"J• CECLAPES T!-AT HE HAS A.I.1.T ACCs?TED
A'!v ° I.^. F,C A-' v CL!9?CC':TR.9CTG,< 3:7 '"A T ERIAL'%A'. T,., n G :; Y EID D=POSIT''RY+
Rt,UvH .� '� �. .. J
Trac AY—LA 5 • R!'LFS OR REGUL:•TIO,NS OF wrICH P:RC�-I9IT GR PR.rvE;%7 THE
TIACTCR FRO%' CONSIDFRI:NG a%Y °ID FRO'! A`NY SU°CON,17ZACTOR OP .-.A TEIIA+L:!A..s
:•!4IC!' iS NGT <CCESSc7 '�i?JU3H SAID Blf; Dr:)O5ITORYr OP: r,HIClli PREVENT :+.',Y
SUPCONTRACTCR ::.`7 v ATE?IAL%'APS F?O.r R IDDINNG T:: ;.`:Y CO'J''cACTG= ,.0'r. ;:E.S .:iT
USF THE FACTL: T ?, 5 C- CR ACCEPT SIDS FROM 0R THRCUGFi SUCHI'M�A�E�O
PSIT.rRy.
— 3 VV Vv
PROPOSAL (CCNT. )
--=---=---------
".0. ITC&A SUBCONTRACTOR ADDRESS
---- ------------------------ ---------------------- --------------------
-
-rrr---------------- ------------------------ ------r--------------- --------------------
-_m
-------------------
---- ------------------------ ---------------------- ------------------
------------------------
--------------------------------- ---------------------- --------------------
-------------
---r-----------
------------r ---------------------- ----------r--rr-----
---- ------------------------ ---------------------- ----------------- --
1
ACCO] PANYI'G THIS PROPOSAL IS A PROPOSAL GUARANTY V: T;-iE
AMOUNT OF
TEN ( 10) PERCENT CoF AMOUNT DIv
---------------------------------------------------m---------
(CASHIERIS CHECK. CERTIFIED CHECK OR DIDOEVS DCIND ACCEPTARLE)
THE NAVES OF ALL PERSONS INTERESTED IN THE FO!?EGCI':G PROPOSAL
AS PRINCIPALS ARE AS FOLLOWS-
IMPORTANT NOTICE
IF THE BIDDER OR OTHER INTERESTED PERSON IS A CCRPORATION9
STATF LEGAL NAVE OF CORPORATIONS ALSO NAMES OF PRESIDENT+ SECRETARY.
TREASURER , AND MANAGER THEREOF. IF A COPARTNERStiIP+ STATE TRUE NAN'E
of FIR'S'. IF BIDDER. OR OTHER INTERESTED PERSON IS AN INDIvIDUAL. STATE
FIRST AND LAST NAME IN FULL.
--------------------------------------------------
-------------------m
------------------------------------------------.-------------------------
-------------------------------------------------------
---------------------------- ----rrr-------------------
LICENSED
--------------
LICENSED T J DC CR SUSCCNTl RACT ALL CLASSES OF
IN THE PROJECT• Iv ACCCRDA`,CE WITH Ah' "7 PgCVIDILNG i CR THE REGISTRA-
TION OF CONTRACTORS, LICENSE NOe (CLASS- ) .
------------- --------- ------
--------------------------------------
--------------------------------------
--------------------------------------
--------------------------------------
(SIGNATURE OF C:uDrR ;
?USINESS ADDRESS
-------r-r-----rrr------r-----r-r--r----r--------rrr-�
PLAC F CF PESIDENC= nom[
--------------------------------------------�IIVV
DATF 19
------------m-------M-M------
--
P ..-. 4
PORT CHICAGO HIGHWAY WIDENING
AT NAVAL WEAPONS STATION
• Proj . No. 4371 -4458-661 -78
For Pre-Bid Information, Contact:
Road Design Division
Phone (415) 372-2131
SPECIAL PROVISIONS
FOR CONSTRUCTION ON COUNTY HIGHWAY
PORT CHICAGO HIGHWAY
WIDENING AT NAVAL WEAPONS STATION
COUNTY ROAD NO. 4371
VERNON L. CLINE , PUBLIC WORKS DIRECTOR
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
MARTINEZ , CALIFORNIA C
AUGUST 1 , 1978 00061
PORT CHICAGO HIGHWAY WIDENING
AT NAVAL WEAPONS STATION
Proj. No. 4371-4458-661-78
I N D E X
SECTION A - DESCRIPTION OF PROJECT PAGE
1 . Location A-1
2. Description of Work A-1
3 . Contract Documents A-1
4. Time of Completion & Liquidated Damages A-1
5. Permits A-1
SECTION B - CONSTRUCTION DETAILS
1 . Public Convenience , Public Safety s Signing 9-1
2. Cooperation B-1
3 . Protection of Utilities 8-1
4 . Measurement and Payment B-1
5. Existing Highway Facilities 8-1
6. Clearing and Grubbing B-1
7. Watering 8-2
8 . Earthwork B-2
9. Aggregate Subbase B-2
10. Asphalt Concrete B-2
00062
NOTICE
POTENTIAL BIDDERS
STANDARD SPECIFICATIONS OF CONTRA COSTA COUNTY FOR PUBLIC WORKS
CONSTRUCTION - 1978 EDITION (which are part of the specifications
for the attached project) may be obtained at the Public Works
Department , Fifth Floor office, County Administration Building
for $3 . 20 each, (Sales Tax included) .
6-5-78
SECTION A - DESCRIPTION OF PROJECT & GENERAL REQUIREMENTS -
1. LOCATION
The Project is located on the Port Chicago Highway on
the easterly side of the roadway, between the bridge over Mt. Diablo
Creek and the Naval Weapons Station entrance, in the Clyde Area.
2. DESCRIPTION OF WORK
The work consists of roadway excavation and pavement
construction with asphalt concrete and such other items or details,
not mentioned above, that are required by the Plans, Standard Specifi-
cations, or these special provisions to be performed, placed,
constructed or installed.
3 . CONTRACT DOCUMENTS
The work embraced herein shall conform to the Plans
entitled:
"PORT CHICAGO HIGHWAY WIDENING AT NAVAL WEAPONS STATION"
the Standard Specifications of Contra Costa County for Public Works
Construction, 1978 edition, hereinafter referred to as (C.S.) , the
Standard Specifications of the State of California, Business and
Transportation Agency, Department of Transportation, dated January,
1978 (S .S. ) , insofar as the same may apply, these special provisions,
the Notice to Contractors, the Proposal, the Contract, the two contract
bonds required herein, any supplemental agreements amending or extend-
ing the work, working drawings or sketches clarifying or enlarging
upon the work specified herein, and to pertinent portions of other
documents included by reference thereto in these special provisions.
4 . TIME OF COMPLETION & LIQUIDATED DAMAGES
The Contractor shall commence work upon receipt of
directions to proceed as stated in the "Notice to Proceed" issued by
the Public Works Department and shall complete the work within the
allotted time of:
20 WORKING DAYS
counting from and including the day stated as the starting date in the
"Notice to Proceed" .
The Contractor shall pay to the County of Contra Costa
the sum of $75 per day for each and every CALENDAR DAY of delay in
finishing the work in excess of the number of working days prescribed
above, and authorized extension thereof.
5. PERMITS
Grading - The Contractor shall comply with the applicable
provisions in the County Grading Ordinances (Title 7-Division 716 of
the Contra Costa County Ordinance Code) in the process of disposing
A - 1 0OC"
SECTION A - (Cont.)
5. PERMITS (Continued)
of the excess material as fill on private property within
the County.
Full compensation for conforming to Permit requirements
shall be considered as included in the price paid for the item in
which the permit is required.
SECTION B - CONSTRUCTION DETAILS
1. PUBLIC CONVENIENCE, PUBLIC SAFETY & SIGNING
(S .S. ) Section 7-1.095 is modified in that the entire
cost of "flagmen" shall be borne by the Contractor.
Payment for signing and traffic control will be made in
two increments rather than three as provided in (C.S.) Section 7-3.05.
The balance due after payment of the first increment will be as
specified for the third increment in (C.S. ) Section 7-3.05.
2. COOPERATION
The following work by other forces may be underway within
and adjacent to the limits of the work, as follows:
1. Pacific Gas & Electric - Gas line relocation.
3. PROTECTION OF UTILITIES
The provisions of (C.S.) Sec. 8-1.06 "Protection of
Utilities" are modified as follows:
The Underground Service Alert (USA) , toll-free number is
800-642-2444.
4. MEASUREMENT AND PAYMENT
Attention is directed to (S.S.) Section 9-1. 015 "Final
Pay Quantities" which is applicable to several items in this project.
5. EXISTING HIGHWAY FACILITIES
Signs to be relocated shall be salvaged and reinstalled at
locations to be designated by the engineer and in accordance with the
applicable provisions of (S.S.) 15-2. 06 and 2.07.
6. CLEARING AND GRUBBING
The provisions in S.S. Sec. 16, "Clearing and Grubbing" ,
are modified as follows :
B - 1
00065
SECTION B - CONSTRUCTION DETAILS (Cont.)
6. CLEARING AND GRUBBING (Continued)
Clearing and grubbing shall be performed only as
necessary within the grading slope lines.
Full compensation for clearing and grubbing shall be ,
considered as included in the prices paid for the various contract
items of work, and no separate payment will be made therefor.
7. WATERING
Full compensation for developing water supply and
applying water, including water used to control dust resulting
from contractor' s performance of the work and for the purpose of
controlling dust caused by public traffic, and water used in the
compaction of embankment slopes, shall be considered as included in
the prices paid for the various contract items of work involving the
use of water, and no separate payment will be made therefor.
8. EARTHWORK
The provisions in C.S. Sec. 19-1.01 "Grade Tolerance"
are modified as follows:
In lieu of the provisions in S.S. Sec. 19-1. 03, Grade
Tolerance" , the surface of the grading plane at any point shall
vary not more than 0.05-foot above or below the grade established
by the Engineer.
9. AGGREGATE SUBBASE
At the contractors option, aggregate base may be used
in lieu of aggregate subbase. Full compensation therefor shall be
at the contract unit price bid for aggregate subbase.
10. ASPHALT CONCRETE
The provisions in C.S. Sec. 39-1.04 "Spreading and
Compacting" are modified as follows:
Asphalt concrete mixtures other than open graded shall
be placed only when the atmospheric temperature is above that
listed below for corresponding wind velocities as measured by Contra
Costa County. Test Method Number 342 (Average wind velocity
measured with a hand held anemometer) .
Minimum Atmospheric Temperature per Average Wind Velocity
("F) (mph)
40 = 0
43 = 5
47 = 10
51 = 15
55 = 20
59 = 25
63 = 30
oO 3 67 = 35
B - 2
SECTION B - CONSTRUCTION DETAILS (Cont. )
10. ASPHALT CONCRETE (Continued)
The provisions in C.S. Sec. 39-2 "Asphalt Concrete
(Conventional Pavement Section) " are modified to read as follows:
Prior to placing the surface course, the finished sur-
face of the previous layer of asphalt concrete or surface of base
or treated material shall not vary at any point more than 0.05 foot
above or below the grade established by the Engineer.
The provisions in S.S. Sec. 39-6.02 "Spreading" are
modified as follows:
Asphalt concrete may be spread with a spreader box.
The spreader box shall be self-supported on the grade by wheels or .
tracks and shall have a screed that will produce a completed
surfacing of uniform smoothness and texture conforming to the pro-
visions in S.S. Section 39-6.03, "Compacting". The spreader box
may be drawn by the asphalt material supply vehicle.
i`:S1 :ti _ VOV v •
B - 3
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of )
Approval of the Parcel Map of ) RESOLUTION NO. 78/755
Subdivision MS 311-77, )
Walnut Creek Area. )
The following documents were presented for Board approval this date:
The Parcel Map of Subdivision MS 311-77, property located in the Walnut Creek
area, said map having been certified by the proper officials;
A subdivision agreement with James Morison, subdivider, wherein said subdivider
agrees to complete all improvements as required in said subdivision agreement within
one year from the date of said agreement;
Said documents were accompanied by the following:
Security to guarantee the completion of road and street improvements as required
by Title 9 of the County Ordinance Code, as follows:
a. Letter of Credit issued by Lafayette Federal Savings and Loan with
William Morison as principal , in the amount of $1 ,000.00 for Faithful Performance
and $1 ,000.00 for Labor and Materials;
b. Cash deposit (Auditor's Deposit Permit Detail No. 11335, dated
July 26, 1978), in the amount of $1 ,000.00, deposited by: William Morison.
NOW THEREFORE BE IT RESOLVED that said Parcel Map is APPROVED and this Board
does not accept or reject on behalf of the public any of the streets, paths, or
easements shown thereon as dedicated to public use.
BE IT FURTHER RESOLVED that said Subdivision Agreement is also APPROVED.
PASSED by the Board on August 1 , 1978.
Originating Department: Public Works
Land Development Division
cc: Public Works Director - LD
Director of Planning
James H. Morison
c/o William, Morison
P. 0. Box 598
Lafayette, CA 94549
0006.5
RESOLUTION NO. 73/755
RECEIVED
• rLMMSIM AjMUM= Y�J..J I J.'•
(Government Code 5566462 and 5566463)
J. R. OLS'AN
CLERK CO ^nD ?SU?c V
[Sl] Subdivision: /�/ .-S //- [Sl] Eff ve ca- M8
B .
N-ll Subdivider: �.��1r.T ,��/ /t'��i?; ;.a;,/ [S1] Canpletion rind:Ale
1. PARTIES & DATE. Effective on the above date, the County of Contra Costa,
California, hereinafter called "Com, and the above-named Subdivider, mutually promise
and agree as follows, concerning this subdivision:
2. IlMPRWIIMDUS. Subdivider agrees to install certain road imprwenMnts (both
public and pnvate , drainage improvements, signs, street lights, fire hydrants,
landscaping, and such other improvements (including appurtenant equipment) as required
in the improvement plans for this subdivision as reviewed and on file with the Contra
Costa County Public Works Department and in conformance with the Contra Costa County
Ordinance Code (including future amendments thereto) .
Subdivider shall complete said work and improvements [hereinafter called
"work"] within the above completion period fran date hereof as required by the
California Subdivision Map Act [Government Code SS66410 and following], in a good
workmanlike manner, in accordance with accepted construction practices and in a manner
equal or superior to the req,; eirnnts of the County Ordinance Code. and rulings made
thereunder; and where there is a conflict between the improvenerLt plans and the County
Ordinance Code, the stricter requirements shall govern.
3. GC-ARPly'TEE AND mrUm I`uY CF WORK. Subdivider guarantees that said work shall
be free from defects in material or workmanship and shall perform satisfactorily for a
period of one (1) year from and after the Board of Supervisors accepts the work as
crmplete in accordance with Article 96-4.6, "PJcceptance", of the Ordinance Code. Sub-
divider agrees to correct, repair, or replace, at his expense, any defects in said work.
The guarantee period does not apply to road improvements for private roads,
which are not to be accepted into the County road system.
2A. PLANT ESrAM.ZSHh= WORK Subdivider agrees to perform plant establishment
work for landscaping installed under this agreement. Said plant establishment worms shall
consist of adequately watering plants, replacing unsuitable plants, doing weed, rodent and
other pest control and other work determined by the Public Works Department to be -necessary
to insure establishment of the plants.
Said plant establishment work shall be performed for a period of one (1)
year frarand after the Board of Supervisors accepts the work as =Tlete.
4. WRMYDE fr Sk]CURITY: Lj= e_xecuti.rg this agreement, the Subdivider shall,
pursuant to Governnemt.Code 5566499, and the County Ordinance Cede, provide as security
to the County: 11
`'0.,
A. For PXrformance and Guarantee: $ I000.nmcash, plus additional security,
in the amount of Agq.onwhich together total one hundred percent (100%) of the
estimated cost of the work. Such additional security is presented in the foam of:
Cash, certified check, or cashier's check
Acceptable corporate surety bond
�:►� Acceptable irrevocable letter of credit
With this security, the Subdivider guarantees performance under this agreement.
B. For Pavment: Security in the amount of $ /C•!:0 , which is fifty percent
(50%) of the estimated cost of the work. Such security is Presented in the form of:
—Cash, certified check, or cashier's check
Acceptable corporate surety bond
_:�L .Acceptable irrevocable letter of credit
With this security, the Subdivider guarantees payment to the contractor,
to his subcontractors, and to persons renting equipment or fmushi_ng labor or materials
to them or to the Subdivider.
C._--u�o-h-acceptance_of._the work a�rte by the Pcard of Supervisors and
JcPon request of the Subdivider, the affib tt`of-the_securitiAs tray be reduced in accordance
with Sections 94-4.406 and 94r4.408-or" the Ordinarce'Code:---
W%9
Microfilmed with board order
Z.
-2- Virrr
5. IMPRCTV34 NT PLAN h'ARRANTY Subdivider warrants the `'';
improvem�ernt plans for the
work area equate to accatplish the work as promised in Section 2 and as required by '
the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisors accepts the work as complete er- ur-ing-the-are--s�� antee-perioi, said Poe
!
impro%%n nt plans prove to be inadequate in any respect, Subdivider sha11 make whatever
changes are necessary to accomplish the work as pzumi.sed.
6. NO I-A= BY COUNTY. Inspection of the-work and/or materials, or approval of
work and/or materials or statement by any officer, agent or emmpleyee of the County
indicating the work or any part thereof commies with the requirements of this Agreement,
or acceptance of the whole or any part of said work and/or materials, or payments therefor,
or any canbination or all of these acts, shall not relieve the Subdivider of his
obligation to fulfill this agreement as prescribed; nor shall the County be thereby
estopped from bringing any action for damages arising from the failure to comply with ariy
Iof the teras and conditions hereof.
7. INDFIVITY- Subdivider shall defend, hold harmless and indemify the indemnitees
from the liabilities as defined in this section:
A. The indemnitees benefited and protected by this proumise are the County, .
and its special districts, elective and aupointive boards, commissions, officers; agents
and employees.
B. The liabilities protected against are any liability or claim for damage
of any kind allegedly suffered, incurred or threatened because of actions defined below,
and including personal injury, death, property damage, inverse condemnation, or any
oambi.nation of these, and. regardless of whether or not such liability, claim or damage
was unforseeable at any time before the County reviewed said Jrprt vement plans or accepted
the work as cat lete, and including the defense of any suit. (s) , action (s) or other
proceeding (s) concerning said liabilities and claims.
C. The actions causing_ liability are any act or anission• (negligent or
nom-negligent) in connection with the matters covered by this Agreement and attributable
to the Subdivider, contractor, subcontractor or any officer, agent or employee of one or
more of them.
D. Non-conditions: The promise and agreement in this section are not eanditiened
or dependent on whether or not any Indemnitee has prepared, supplied, or reviewed any
plan (s) or specification (s) in connection with this work: or subdivision, or has
insurance or other inder.nification covering any of these matters, or that the alleged
damage resulted partly fran any negligent or uillful misconduct of any Indemnitee.
8. COSTS. Subdivider shall pay when due, all the costs of the word:, including
inspections thereof and relocating existing utilities required thereby.
9. SURVEYS. Subdivider shall set and establish survey monuments in accordance
with the file'd mmep and to the satisfaction of the County Road Commissioner-Surveyor
before acceptance of any work as oomplete by the Board of Supervisors.
10. IPM RAND COSTS. If Subdivider fails to complete the work within the
time specified rrn this agreement, and subsequent extensions, or fails to maintain the
work, the County may proceed to complete and/or maintain the work by contract -or otherwise,
and Subdivdder agrees to pay all costs and charges incurred by the County (including,
but not limited to: engineering, inspection, surveys, contract, overhead, etc.)
immediately upon demand.
Once action is taken by County to complete or maintain the work, Subdivider
agrees to pay all costs incurred by the County, even if Subdivider subsequently
' camletes the work.
j Should County sue to compel performance under this Agreement or to recover.
IJ costs incurred in completing or maintaining the work, Subdivider agrees to pay all
attorney's fees, and all other expenses of litigation in'qurr�ed by County in connection
therewith, even if Subdivider subsequently proceeds to complete the work.
11. ASSI(RraNT. If, before the Board of Supervisors accepts the work as eamplete,
the subdivision is annexed to a city, the County may assign to that city the County's
rights under this Agreement and/or any deposit, band, or letter of credit securing
said rights.
00070
TO aaa.C
(Alderney in Farr I O
STMT OF CAI LFORNIA
,
COUNTY
(ln �'_._%�! � -_,hetorr rjlc,.Ihr.undrr•it;ned;a Notary Public in and for said State,
prl.nnally appcamd %/.r: `'• -_��� ' � —_
w krumn to mr to he file {,er-n__witwl• _subscribrd In Ihr•within instrument,as the
'm .Attorney_in tact of � /i J-+i f
x .
w and at•knrrwil-lige l to Int-that _ .ubv riles d Ili.•mune
J
a' ,rl •. ��T 1-!'� ��_ !�► IlnTrin a� {�tinr-ipal '
F
m and _own name_ as rlflr.rnry_ _ in t;u t.
,,may,.'' OFFICIAL SEAL
A KYLE
WITNF.14ti my and and 1f at -al_ ;+� w1my Dtic GLgpprM
.?' CONTRA'COST!.�011NTy
Signait rr•__� '' ++--�� Mr Ccormi tlor Expire.. I431
�//��
V /1
N:unr I'1'a pr•d al I•,inl.•d l
,This arra for*Metal notarial.call
a t<<'�'..'4f1'�
jr•
-3-
12.
312. AS-BUILT PLANS. Before acceptance of the improvements by the Board of
Supervisors, the Subdivider (or his Engineer) shall furnish the Denaremt. of Public
='- Works a complete set of acceptable 35MM microfilm copies of the original tracings of
imprvvpsnent plans for the subdivision (including all revisions thereto) .
13. RECORD W. In consideration hereof, County shall allow Subdivider to file
and record the Final Map or Parcel Map for said Subdivision.
CONTRA COSTA COUNTY SUBDIVIDER: (see note below)
Vernon L. Cline,
Public Works Director
Plo
• 1
Deputy
T ~~
L ;'A X
REMME= FOR APPROVAL: N6te to SubdivVer: MKecute/acknowledgment
form below: and if a corporation, affix
✓ _ .� corporate seal.
. n
By: (CORPORATE SEAL)
FORM APPROVED: JOHN B. CLAUSETd, '
County Counsel
State of California ) (Arftawleegerent by Corporation,
Partnership, or Individual)
i
County of 11'•� c �, q .. )ss
f
I
i
On the person (s) whose name (s) is/are
signed above for Subdivider and who is are known to me to be the individual (s)
and offices (s) or partner (s) 'as'stated above who sided this instrument, personally
appeared before me and acknowledged to me that he executed it and that the
corporation or partnership named above executed it—
(NOTARIAL SEAL)
ac-xsW I ^*�'� .
.� OFFICIAL SEAL
A Mnr� .
:, norMn vA K— SEAL
M.oonRr-W 40" Dec.M IBM
Notary Public or said County State
(Subdiv. Agrmt. CCC Std. Foran)
LD 9 (rev. 5/8/78) .
00 In
r
71
full:IPLE F0:':d I`JF? LF:t7EF�rlj
)i
AS SCCURrrY F011 W-13DIVISIM JAGFtL•'F;.M
(CC!-II3mm rAITIli JL PEER ON-MCE & L1M_? I'M f 1TrZs'F.LS} GGA" ��w�
((GJ Ll;T=Ii p or ISSUING-r71` TAI, S`1=1I01)) G'
7-3/-7�
Board of Superrisors
Contra Costa County
Administration Building
Martinez, CA 94553
Subject: Instrument of Credit Delivered as Trprovenient Security;
Combined Performance and Labor and Materials Security
(Contra Costa County Ordinance Code §§94-4.406 and 94-4.408)
Gentlemen:
LAFAYETTE FEDERAL SAVINGS AND LOAN
(Insert name-of financial Institution)
a financial institution, subject to regulation by the State of California or
the federal Government of the United States of America, delivers to Contra Costa
County this instrument of credit as security for c ements in
accordance with the Subdivision Agreement, dated ` end referred
to herein and by this reference made- a part hereof, jec a following
conditions:
1. We pledge that we hold and will hold on deposit the sun of ONE THOUSAND
---------------- dollars ($ 1,000.00 ) as trust funds gIL-tranteed for
g -J
payment to Contra Costa County (or successor•city) to secureFlt�_J1QC'7 SQR S'�-� ��ti�r f i• �1„�.
(hereinafter referred to as 'Owner") faithful performance of the Subdivision
Agreement evecuted by Owner and Contra Costa County for Subdivision
14S 311-77 for the commencement and construction of work
insert subdiv. No.)
and construction of work: and improvements. as described in said Subdivision
Ayre-ertart and the Sup divizion Ordinance of Contra Costa County.
tb will so 'hold this sum until the carrencement, camletion, and written
acceptance by the Contra Costa County Board of Supervisors of all %..ork and
improvements under said Subdivision Agreement. Prior to said acceptance, upon
demand by Contra Costa County (or successor city) , the whole or any portion '
of said funds shall be paid forthwith to the County (or successor city) for use
towards the.c=mencement and completion of the work and improvement as it
sees fit.
[NO'T'E:] If the Agreement provides for a maintenance period, utilize
Section 2:]
2. Upon written acceptance by the County Board of Supervisors (or
successor city) of all work and inprrove ments under said Agreement as complete, •
$ N/A of the funds held in trust in accordance with Section 1 shall
be released and the remaining $ M/A shall be held as security until the
improvements succcssfully pass the guarantee and maintenance period (a)
specified in the Subdivision Agrca- n t. When all of the guarantee andmaintenance
reclLdre ents hate been satisfied, this re k-up-i-ng sum shall be released upon
written acceptar:ce by the County Board of Supervisors (or successor city) of
the carpletion of these requirements. Prior to said acceptance, upon written
denand by the Camty (or successor city) , the whole or anf portion of said
residual sumo shall be paid fortlTwi th to the County (or successor city) for use
towards satisfaction of these requirements.
000'73
Microhimea viith board order
•' 3. We further plel,-e that w,e similarly hold the ndaL conal sort: of
4 ONE THOUSAND ------------------ Dollars ($ 1,000.00 ) on deposit
as trust funds guaranteed for payment to any contractor, Its subcontractors,
and to any and all persons, carp nies or corporations furnishing labor or
materials or services; or renting equip=tent to the OL�ner or the contractor
or his subcontractors for the performance- of said.Agreemert; and for amounts due
under the Unemployment Insurance Act w7.th respect to such work or labor.
Six months after written acceptance by Contra Costa County (or successor city)
of all work and'inprovernents under said Agrearent as ccnplete, this sum may be
reduced to an amount not less than the total of all claims on which an action
has bee-i filed and notice thereof given in writing to the Contra Costa County
Eoazd of Supervisors, and if there are no actions filed, said scorn may be
released in fui.L.
It is hereby agreed that the obligation set forth in paragraph 3 shall
insure to the benefit of any and all perscns, ca parries, and corporations entitled
to file claims under Title 15 (canmsmcing with Section 30802) of Part 4 of
Division 3 of the Civil Code, so as to give a right of action to them or their
assigns in any suit brought upon said obligation.
4. ITa alteration of said Agreement, or of any plans or specifications of
said work, agreed to by Contra Costa County and Owner, shall relieve us fr= •
liability on this letter of credit. We hereby give consent for any such -
alterations to be made without further notice to or consent by us. We hereby •�
hold ourselves bound without regard to and independently of any action against
Miner whenever taken. lie further agree that if Contra Costa County sues on this !
letter of credit, we will pay. all its reasonable costs, expenses and attorney's
fees if it is the prevailing party. r
This instrument of Credit is irrevocable.
Dated: July 24, 1978
F33om'i L 3NSTn TPIOV �� SUBD=ER/04v'l�i M
LAFAYETTE FEDERAL S AV`Nr S The undersigned hereby agrees to
all the terms and conditions set
By: ! ;! s f �.� �l f •f7 i 1.•/.►l�l, forth and releases the financial
LOREN-D.`VOLK institution executing this letter
I swear under pe_^.m'l -r cTffL i of credit from all liability
have authority to bind except as herein specifically
set forth.
f' ^ tial institution
to the terms of this Letter of Credit. Executed at Z4 j 1,eA C. ,
LAFAYETTE�
Cali pa'a, day o
Executed afi , 19 71
California; o , 19
7 �_.�.
Signature00REN D. VOLK
Subdivider
State of California )
SS.
County of CONTRA COSTA ) State of'California )
SSW
County of )
ACh1tn1rr -M--I' (by Corporation or Partnership)
• ACF�IIICWZI�C�>I3V'I':
The person (s) signi_*:g above for Financial
Institution, kncrn to me in individual and
business capacity as stated, personally appeared . '
before me todany and acknowledged that he/they
executed it and that the corporation or partnership
named above executed it.
Dated: a It
/'
[SEAT,] �/ ` 0r1rIC1AL SEAL
(� +` A KYLE
CONTRA COSTA COUNTYH•.ta.-rrsy:n i r�,r•s Dae.27.1411
.SD 108 (rwr.4/20/18) . kr,-QS (4/20/78)
/ f r (7;
M
POWER OF A"TOS LAITY • -
1 . 1 •
Know All !Sten by These Presents: -I'ir:tt_-_Vc�sa�c�r _r_`��:or.�o.r
--------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------
ha_.._ mnclee.. coirdituted nwl appointed, and by these presents do____ make, constitute and appoint
__________________ _-_______-___—____-
-------------------------------------------_---------_--_----------------------------------
----------------------------------------------------//-,�-r--------------------------------------
_ // rY �//•!✓/jf�it =
________true acrd lawful attorney__- for__Yn_sem=__________and in_��i1name___. place and
stead, anda and benefit
to ask, demand, sue for, recover, collect and reccire all such stints of money, debts. dues, accounts,
lemcirs. Inquests, interesUm, dividends, nrtttttttics and clemands whatsocvcr, as are note or shali ltcrc=
atter become due, owing payable or belong in:; io_�°_t�"������j'a-r and haie, use and
take nil l aria!• rays c-id _s><anic___ or otherrlse for the
remmi-y thereof, by attnelinients, arrests, distre-,s, or othervvise, and to compromise and agrec for
the sane, and ./mut:t:trtcc- ;r other sufficient dIsrharces for the slme for_4._%%C�1 f _r�!�=�''' '
and -------name-___, to r nk—e, seal mid deliver, In intrignln, cn:rlract, n1--ren 116% purrhase
re•evi a and tithe laced:, t,•:t►•::tr:rtt.:, licr,:ttttatr:enIn, and rceelit: tic^ rel::let and f:iof :rlt lands.
and ,11 devils and other nssur•ariccs in the law therefor,awl itr leave. let,ciems-SIC, bargain,cell r-erntm.
rcl_a::e, cnnvcy, Inorl.-Irre anti hypothecate In if.?.fl,'t:r.-rl•.rt^;.^.nd hrrctNt amts. upon such terms
prtd contlitions. and Wx1 r such covenants n^..���'.:'�'.'.' ��_.:� 'Lliltil., fit. Also, to-bargain
and a;�rcc for, buy, sell, nind(;a,;r, hypothrrale. mul in any rud every way and mantrrr ileal in inti!
with 1-nods. «;•tres and r:tcrchandize, clic►:m Ill ni-Li.n, rtrcl other property lit pavres.5lon or ire action.
and to.rnnl-t. da and tr.tt::tct all a;td every kind of bu-1ttr.�s, of what; n tturc and ;:Ind sor..er, and
also :or__.s�i-'-':_----cirri! sit------------nari-!_.-_, erne! m---.eZ::y----act and tical, to slim, :.cal,
extoc:rt!•, d�-Olver and arlcimIctip!stir.h cieetk% it•a-1-3 anti vs-ri;;nments of lmses.covenants. Indentures.
nj reenienI imrt';f;^s, hr vo!!rrm1!fms, i:stinrnrier,c:virler nlrl+:cc.bilis of l:rdlar. bills,bonds,irotes.
rcc�.ftf►!::, evidences of tIrb!, rcierses and satisrar:tttn of mortgri!;e. jud.;rrtrrrt.n and other dvl,ts, nttd
such ojhrr Instruments in writing of whatever ,tind cr tiattire, as may be n cessazy or proper In
the,ler entfscs.
C;11'1\C; A.�D GS:t::3'IZ:G vn!n!_c •::'!'___='_==sahl attorney___ full pmver rtrtd im!l:crity to
do nrt:l petform all and a:r:}- act sed thin;; rhaf: +::Cr requinito and r'rccsr:.rc to be done !n and
1111rntt tire_ pr'errttses, r{s fuli- to nit in:t•n4r - til 1.titr.mes az��! �:s rc�r�T'_:mlGitt or could do if
personally present, ----`i`.--=-tc_/ �"�_•------
,.._----- :::til confirm;n;; nil time------------
shit! rltorrtt•S•------------ _'r- •:'�:` ----s'.rr:ll Inu_fnHy do or eatme to be done by virtua of
these presents.
it., Zl'IT:YES/S tb'lll;lav^^i•', ------have itcrelinto ---------hind___ and seal_-_ thr
-------- - ff------------------------ciy of �_-=..-- ------------ -----• A.D., l9_�.•'_7
— t
Sighed. Scaled and Delivered in presence o/
• -� - ---rf'-=-==---------(SHAL}
lr A, ----------------------------------(SEAL) -
-.- ----------------------------------(S�F,Ar.) '
l
-------------•---------------------------- ----------------------------------(Sh'AI+)
Ravor A A„afney 00076
4{a,f��f,nn Lep R�+�4 t:o.,Re'I{vw,:'ia. Fc/m Na Sa
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S!A!'l� Ol• ��rASl1IAiCi10N
Sy (114L)LV1IJUAL AGAIIUI"i l i a �
h k
County
Publlc 1n noel for the 5tnte of«�eshFnt`ton '���
r d1y of -j
do.hrrcbs certify ttttit oil tilts, - r ' y
ra
aI'mared Ware
'�''� TM 's• $. �t f �—�. .
dc..t Abed in`and e�tto esccuted lle ultllln i:srtrutnent and ackno«ledt,cd that r
to me i:rlolcn to be t.l:c indlrldull
•ig[:rd'and..calcd the�ntuc,as-: - -
' decd c?nnF
-----
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tree and�oluntlr� nt and fort tc tts
J
urposes herein mcnLtoned.
D
clay of
GrvLeN UNDLIL 1l1Y IIAaYD
AP1D O1TtCP1L SI:/iL U
Notary Public in and for', to State of;t'lnshlnl;to 3.
TO dao
TAttrtrae i:rFact)
STATE: OF;CrU IFORNIA ) <�
COUNTY OF
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IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of )
Approval of the Parcel Map and )
Subdivision Agreement, ) RESOLUTION N0. 78/756
Subdivision MS 11-78, )
Walnut Creek Area. )
The following documents were presented for Board approval this date:
The Parcel Map of Subdivision MS 11-78, property located in the Walnut Creek
area, said map having been certified by the proper officials;
A Subdivision Agreement with Lisboa Development Corporation, a Subdivider,
wherein said Subdivider agrees to complete all improvements as required in said
Subdivision Agreement within one year from the date of said Agreement;
Said documents were accompanied by the following:
Security to guarantee the completion of road and street improvements as required
by Title 9 of the County Ordinance Code, as follows:
a. Surety Bond No. UO71312 issued by United Pacific Insurance Company with
Lisboa Development Corporation as principal , in the amount of $12,400 for Faithful
Performance and $6,700 for labor and materials;
b. Cash deposit Auditor's Deposit Permit Detail No. 11290, July 24, 1978,
in the amount of $1 ,000, deposited by Lisboa Development Corporation.
An agreement with Lisboa Development Corporation, subdivider, wherein said
subdivider agrees to remove an existing house.
Security to guarantee the removal of the existing house as required by a
Condition of Approval .
a. Cash deposit, Auditor's Deposit Permit Detail No. 11290, July 24, 1978,
in the amount of $1 ,500, deposited by: Lisboa Development Corporation.
N0W THEREFORE BE IT RESOLVED that said Parcel Map is APPROVED and this Board
does not accept or reject on behalf of the public any of the streets, paths, or
easements shown thereon as dedicated to public use.
BE IT FURTHER RESOLVED that said Subdivision Agreement is also APPROVED.
PASSED by the Board on August 1 , 1978.
Originating Department: Public Works
Land Development Division
cc: Public Works Department - LD
Director of Planning
Bryan & Murphy
P. 0. Box 287
Walnut Creek, CA 94597
Lisboa Development Corporation,
Attn- Joe M.
P. 0. Box 2252
Walnut Creek, CA 94596
00077
RESOLUTION NO. 78/756
I
: RECEIVED
--�'' SMVISIM pry Ir AU G /, 19 i 3
(Government Code 5566462 zu d jBg----
[S11
50-640-3)
1. .'.. O!SSON
O SU�EP.y�$ e U ust 1 , 1978
[51) Subdivision: M.5 II-78 I�U.�a 9.---De Subdivider: ! iisbos Development Coro. Sl] CMphe Period: I year
1. PARTIES & DATE. Effective on the above date, the County of Contra Costa,
California, hereinafter called "Com, and the above-named Subdivider, mutually prcumse
and agree as follows, concerning this subdivision:
2. IMPM 3,04TS. Subdivider agrees to install certain road improvements (both
public and private) ,—drainage improvements, signs, street lights, fire hydrants,
landscaping, and such other improvements (including appurtenant equipnent) as required
in the improvement plans for this subdivision as reviewed and on file with the Contra
Costa County Public Works Department and in c-- ormance with the Contra Costa County
Ordinance Code (including future amendments thereto) .
Subdivider shall cc=lete said work and improvements [ after called
"work"] within the above catpletion period f=n date hereof as required by the
California Subdivision :ap Act [Government Cede SS66410 and folleaving], in a good
workmanlike manner, in accordance with accepted constn=tion practices and in a manner
equal or superior to the requirements of the County Ordinance Code and rulings made
thereunder; and where there is a conflict between the improvement plans and the County
Ordinance Code, the stricter requirements shall govern.
3. GUARANTEE AND WARRANTY OF TICM. Subdivider guarantees that said work shall
be free frau defects in material or •,jorkmanship and shall perform satisfactorily for a
period of one (1) year from and after the Board of Supervisors accepts the work as
complete in accordance with article 96-4.6, "Acceptance", of the Ordinance Code. Sub-
divider a_Trees to correct, repair, or replace, at his expense, any defects in said work. -
The guarantee period does not apply to road imprtvenents for private roads,
which are not to be accepted into the County road system.
3A. PLANT ESUAlU SIHUN92,TT WORK. Subdivider agrees to perform plant establishment
work for landscaping installed under this agreement. Said plant establishment work shall
consist of adequately watering plants, replacing unsuitable plants, doing weed, rodent and
other pest control and other work detennined by the Public Works Department to be necessary
to insure establishment of the plants.
Said plant establishment *cork shall be performed for a period of ane (1)
year frau and after the Board of Supervisors accepts the work as complete.
4. 1MPROM,01T SDCURITY: Upon executing this agreement, the Subdivider shall,
pursuant to Govenvent Code 5§66499, and the County Ordinance Code, provide as security-
to the County:
A. For Performance and Guarantee: $ 1 ,000 cash, plus additional security,
in the amount of S12 0 which together total one hundred percent (100%) of the
estimated cost of lee rk. Such additional security is presented in the foam of:
Cash, certified check, or cashier's check
X Acceptable corporate surety bond
Acceptable irrevocable letter of credit
With this security, the Subdivider guarantees performance under this agreement.
B. For Payment: Security in the amount of S G,700 , which is fifty percent
(50%) of the estimated cost of the work. Such security is presented in the form of:
Cash, certified check, or cashier's check
X Acceptable corporate surety bond
Acceptable irrevocable letter of credit
with this securilty, the Subdivider guarantees ra:4r,_-nt to the contractor,
to his subcontractors, and to persons renting equipment or. =u=. slhing labor or materials
to them or to the Subdivider.
C. Upon acceptance of the cork as ccamplete by the Board of Supervisors and
upon request of the Subdivider, the amount of the sec�irities Tray be reduced in accordance
with Sections 94-4.406 and 94-4.408 of the Ordinance Code.
00078
,r'
-2-
5. IMPROVEMENT PLAN 1qGUWM Subdivider wax-rants the improvem mt plans for the
work are adequate to acomplish the work as prtmised in Section 2 and as required by
1 the Conditions of Approval for the Subdivision. If, at any titre before the Board of
Supervisors accepts the work as complete or during the one year cryarantee period, said
improvement plans prove to be inadequate in any respect, Subdivider shall make whatever
changes are necessary to accatplish the work-as prcrrmsed.
6. No WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of
work and/or materials or statement by any officer, agent or errployee of the Cotmty
indicating the work or any part thereof earplies with the requirements of this Agreement,
or acceptance of the whole or any part of said work and/or materials, or payments therefor,
or any combination or all of these acts, shall not relieve the Subdivider of his -
obligation to fulfill this agreement as prescribed; nor shall the County be thereby
estopped from bringing any action for damages arising from the failure to amply with any
of the terms and conditions hereof.
7. INDUV Ti'. Subdivider shall defend, hold harmless and indemnify the indemitees
from the Babies as defined in this section:
A. The indemnitees benefited and protected by this promise are the County,
and its special districts, elective and appointive boards, eammissions, officers, agents
and employees.
B. The liabilities protected against are any liability or claim for damage
of any kind allegedly suffered, incurred or threatened because of actions defined below,
and including personal injury, death, property damage, inverse eondwmation, or any
ombi.nati.or, of these, and regardless of whether or not such liability, claim or damage
was unforseeable at any time before the County reviewed said itrprovement plans or accepted
the work as oomplete, and including the defense of any suit (s) , action (s) or other
proceeding (s) concerning said liabilities and claims.
C. The actions causing liability are any act or omission (negligent or
non-negligent) in connection with the matters covered by this Agreement and attributable
to the Subdivider, contractor, subcontractor or any officer, agent or eeployee of one or
more of them.
D. Non-conditions: The pran.se and agreement in this section are not conditioned
or dependent on whether or not any Indemnitee has prepared, supplied, or reviewed any
plan (s) or specification (s) in connection with this work or subdivisic¢., or has
insurance or other indemnification covering any of these matters, or that the alleged
damage resulted partly from any negligent or willful misconduct of any Inderme.itee.
S. COSTS. Subdivider shall pay when due, all the costs of the work:, including
inspections thereof and relocating existing utilities.required thereby.
9. SUR«'S. Subdivider shall set and establish varrvey monuments in accordance
with the file3 map and to the satisfaction of the County Road C mmssioner-Surveyor
before acceptance of any work as cemplete by the Board of Supend.sors.
10. NONPaUni;*iAN M AND COSTS. If Subdivider fails to complete the work within the
tine specified in ttus agreement, and subsequent extensions, or fails to maintain the
work, the County may proceed to complete and/or maintain the work by oontract or otherwise,
and Subdivider agrees to pay all costs. and charges incurred by the County (including,
but not limited to: engineering, inspection, surveys, contract, overhead, etc.)
inrrmediately upon demand.
Once action is taken by County to complete or maintain the work, Subdivider
agrees to pay all costs incur-red by the County, even if Subdivider subsequently
completes the work.
Should County sue to carpel performance uncles this Aarteerrent or to recover
costs incurred in completing or maintaining the work, Subdivider agrees to Fay all
attorney's fees, and all other expenses of litigation incurred by County in connection
therewith, even if Subdivdder subsequently progeeds to complete the work.
11. Assiamm If, before the Board of Supervisors accepts the work as oorplete,
the subdivision is annexed to a city, the County tray assign to that city the County's
rights under this Agreement and/or any deposit, bond, or letter of credit secutino
said rights. i
W0� s
dui� .�tf a ;,•^y,�•� �.
-3--
i2. AS-BUILT PLANS. Before acceptance of the improvements by the Board of
apervisors, the Subdivider (or his Engineer) shall furnish the Department of Public
brks a catplete set of acceptable 3aM microfilm copies of the original tracings of
improvement plans for the subdivision (including all revisions thereto) .
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file
and recorCt_h_e__FU_al Map or Parcel Map for said Subdivision.
CONTRA COSTA COUN'T'Y SUBDIVIDER: (see note below)
Vernon L. Cline, i �� /�' ol.
Public 'Works Director
put
i
RECCIZEMED FOR APPROVAL: - Note to Subdi.vir?er: Execute acknowledgment
form below; and if a corporation, affix
/7 corporate seal.
By; - --'-moi, 1�. -� (CORPORATE SEAL)
FORM APPROVED: JOHN& CIAUSE'11,
County Counsel
State of California ) (Ackncwledgerent by Corporation,
Partnership, or Individual)
County of Contra Costa )ss
On July 14, 1978 the person (s) whose name (s) is/are
signed above for Subdivider and who is are known to me to be the individual (s)
and officer (s) or partner (s) as stated above who signed this instrument, personally
appeared before me and acknowledged to me that he executed it and that the
corporation or partnership named above executed it.�
(NOTARIAL SEAL)
4 N�
FUCUC"CALI7OFNIA
.� r�sIA COUMIY Lucille Rehker S' son
S� L 1 TT.' M' 1980 Notary Public for saidCounty and State
(Subdiv. Agrmt. CCC Std. Fcrm)
LD 9 (rev. 5/8/78) .
00►0c"
i I
i Bond No. U07 13 12 {
IMPROVEMENT SECURITY BOND Premium: $223.00
i
FOR SUBDIVISION AGREEMENT
I
(Performance, Guarantee, and Payment )
i (Calif. Government Code §§66499-66499.10)
i
1 . OBLIGATION. LISDOA DEVELOPMENT CORPORATION
�.. as Principal, and UNITED PACIFIC INSURANCE COMPANY ,
i a corporation organized and existing under the laws of the State of
j Washington and authorized to transact surety business in
! California, as Surety, hereby ,jointly and severally bind ourselves, our
heirs, executors, administrators, successors, and assigns to the County .
J of Contra Costa, California, to pay it:
(A. Performance & Guarantee) 7 AND
0 NO/100-------------------------------- Dollars $ 12,400.00 for itself or
u any city-assignee under the below-county subdivision agreement, plus I
(B_ Payment ) SIX THOUSAND SEVEN HUNDRED AND NO/100-- ----------
------------ -- ----
-- ---- - -- - Dollars ; 6700 00 . to secure the
claims to which reference is made in Title 17 com::,encinp with Section I
3082) of Part 4 of Division 3 of the Civil Code of the State of Califor-
nia.
2. RECITAL OF SUBDIVISION AGREEMENT. The Principal has executed an
agreement with the County to install andpa for street , drainage, and
other Improvements in Subdivision I-lumber M i1-78 , as specified in the
Subdivision. Agreement, and to complete said work within the time specified
for completion in the Subdivision Agreement, all in accordance with State f
and local laws and rulings thereunder in order to satisfy conditions for
filing of the Final Map or Parcel Map for said Subdivision.
3. COPJDITIOIJ.
j
i A. The condition of this obligation as to Section 1. (A) above
is such that if the above bounded principal, his or its heirs, executors,
administrators, successors or assigns, shall in all thins stand .to and +
abide by, and well and truly keep and perform the covenants, conditions
and provisions in the said agreement and any alteration thereof made as i
therein provided, on his or its part, to be kept and performed at the
time and in the manner therein specified, and in all respects according
t to their true intent and meaning, and shall indemnify and save harmless
the County of Contra Costa (or city assiFnee) , its officers, agents and
employees, as therein stipulated, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.' ,
' As a part of the obligation secured hereby and in addition to the
face amount specified therefor, there shall be included costs and reason-
able expenses and fees , including reasonable attorney 's fees, incurred
t• by County (or city assignee) in successfully enforcing such obligation,
all to be taxed as costs and included in any judgment rendered.
B. The condition of this obligation as to Section 1. (B) above
is such that said Principal and the undersigned as corporate surety are
held firmly bound unto the County of Contra Costa and all contractors_,
subcontractors, laborers , naterialmen and other persons employed in the
performance of the aforesaid agreement and referred to in the aforesaid
Civil Code for raterials furnished or labor thereon of any kind, or for
ooasi
- -1- .
.fid`� • � ,
amounts due under the Unemployment Insurance Act with respect to such
' work or labor, that said surety will pay the same in an amount not
exceeding; the amount hereinabove set forth, and also in case suit is
brought upon this bond, will pay, in addition to the face amount
thereof, costs and reasonable expenses and fees, including reasonable
attorre;:' s fees, incurred by County (or city assigree) . in successfully
enforcing suer, obligation, to be awarded and fixed by the court, and
to be taxed as costs and to be included in the jud6ment therein• ren-
dered.
It is herety expressly stipulated and agreed that this bond shall
inure to the �_-Pnefit of any and all persons, companies and corporations
t entitled to file claims under Title 15 (commencing :.lith Section 3082)
of Part J1 of Zivision 3 of the Civil Code , so as to give a right of
action to the:- or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed then this
obligation shall become null and void, otherwise. it shall be and -remain
in full force and effect.
C. No alteration of said subdivision agreement or any plan
or specification of said work agreed to by the Principal and the
County shall relieve any Surety from liability on this bond ; and con-
sent is hereb;• %iven to ma::e such alterations without further notice to
or consent by Surety; and the Surety hereby waives the provisions of
Calif. Civil Code ;2819, and holds itself bound without regard to and
independently of any action against Principal whenever taken.
SIGNED AND SEALED on July 17, 1978
PRINCIPAL SURETY
LISBOA DEVELOPMENT CORPORATION UNITED PACIF.IC-INSURANCE COMPANY
By A7
eor-W ` ,*Krjye�16,
or a4t
I �
State of California )ss. (ACKNOWLEDGMENT BY SURETY)
County of Contra Costa )
On July 17, 1978 the person(s) whose name(s ) is/are signed
atove for Suret;: and who is/are known to me to be Attorney(s)-in-Fact
for this Corporate Surety, personally appeared before me and acknowledged
to me that he signed the name of the Corporation as Surety and his/
their own name-Cs) as *its Attorneys)-in-Fact.
(NOTARIAL SEAL) /J
1 rf4
Notary Public for County and State
(rev. 2/76) LD-is Nancy L. Clowes
E3H:bw -- - - -2 00
Q04
nr
fir ,: C'LO'VES
r:
rcs Valy 19.1980
LISBOA DEVELOPlYiENT CC TI ON
POST OFFICE BOX 2252
YJALNUT CREEK, CALIFORNIA 94595
July 24 , 1978
TO: CONTRA COSTA COUNTY
Lisb ,
Da OevelOPment Corporation agrees to r
house as required bemoVe the existing
y Condition ),
and hereby submits a Of subdivision MS 11-78,cash bond of $ 1,rOO
performance. to guarantee my
I agree to save, indemnify and hold -
of Contra C
harmless the C.ounty
Costa or its repre*sentatives From all liabilities
imposed by lavi by reason of
Persons or dam;19e to property inIghich jury to or death of any Person or,
m,0y arise out of the work
covered by this agreement and agree to defund the Coun
claim or action asserting such liability. ty in any
Lisboa O.evelopment Corporation
By e->-,
Joe .1W111io,, President
Z.St. OFFICIAL
Vernon L
oel- Vernon Cline �J
C.
NOTAMe pUg.STARES
LIC-
Public Jlorks Diractor ;srr
Cr -
. ft Cupgy
INDIVIDUAL ACKNOWLEDGMENT
State of California
.. ........................................County of..._.........._..............._...... S.S.
27 in 78
...........
On this........ day of.......�Uly
C. Stares 466WEA before
................................................................................................a Notary Public in and for said------------------------------Cou
(SEAL) personally appeared.......Joe ltlaio .......................
............................................................................
........................................................................................... .........
known to me to be the person......whose name...........U......................subscribed to the w,
instrument,and acknowledged that......be......C=cutcd the same.
ITNESS my hand and official seal.
OFFICIAL SEAT-
C c _T
Ns
STARES
. - -�,IF,, VIA—! .....
'Y r _.c
7 .........
...... ...... .....................................
............
C-1,10FORVIX"
FJOTARY r'VrL:C
Q;
.:y
r- !,-,Z ptary Public`*in and for,said...................!-,.on.tra..Q4z1.a................CAunty and
in
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of )
Approval of the Final Map ) RESOLUTION NO. 78/757
and Subdivision Agreement, )
Subdivision 4889, )
Oakley Area. )
The following documents were presented for Board approval this date:
The Final Map of Subdivision 4889, property located in the Oakley area, said
map having been certified by the proper officials;
A subdivision agreement with Fred Lorenzetti, subdivide.•, wherein said subdivider
agrees to complete all improvements as required in said subdivision agreement within
one year from the date of said agreement;
Said documents were accompanied by the following:
Security to guarantee the completion of road and street improvements as
required by Title 9 of the County Ordinance Code, as follows:
a. Surety Bond (No. U057186) issued by United Pacific Insurance Company with
Fred D. Lorenzetti as principal , in the amount of .$134,740 for Faithful Performance
and $68,050 for Labor and Materials;
b. Cash deposit (Auditor's Deposit Permit Detail No.. 11119, dated July 17, 1978),
in the amount of $1 ,361 , deposited by: Fred D. Lorenzetti.
Letter from the County Tax Collector stating that there are no unpaid County
taxes. heretofore levied. on the property included in_ said map, and that the 1977-78
tax lien has been raid in full , and the 1978-79 tax lien, which became a lien on
the first day of March, 1978, is estimated to be $3,000;
Security to guarantee the payment of taxes as required by Title 9 of the
County Ordinance Code, as follows:
a. Surety Bond (No. UO 57187) issued by United Pacific Insurance Company
with Fred D. Lorenzetti as principal , in the amount of $3,000 guaranteeing the
payment of the estimated 1978-79 tax;
b. A $3,650.00 non-refundable cash contribution, (Auditor's Deposit Detail
No. 11119, dated July 17, 1978) accepted on behalf of the Contra Costa Flood
_ Control and Mater District, Drainage Area 300, to defray maintenance costs for a
temporary infiltration basin.
NOW THEREFORE BE IT RESOLVED that said Final Map is APPROVED and this Board
does not accept or reject on behalf of the public any of the streets, paths, or
easements shown thereon as dedicated to public use.
BE IT FURTER RESOLVED that said subdivision agreement is also APPROVED.
PASSED by the Board on August 1 , 1978.
Originating Department: Public Works
Land Development Division
cc: Public Works Director - LD
Director of Planning
Fred D. Lorenzetti
Rt. 2, Box 396 AA
Oakley, CA 94561
Founders Title /�
P. 0. Box 860 OOO�•�
Antioch, CA 94509
RESOLUTION NO. 73/757
.tea. �. �+. —... .. 2�T�•.rye....e.'.wt'+;+,LQr.w��.r��.w.i�..�ir�.�et�„r. .,� ..
- RECEIVED
I RICrr Arm rr
(Government Code § jt,462� �i 566463
[51] Subdivision: 4889 1��f1JLi j7 R. OLSSON[51] Ef ective Date: , uc _ 1 1g7R
CLERK RD OF SUPERVISORS
[51] Subdivider:: Fred I.orcnzctt' COSTA pylb lc:tion Period:.Qj v�,r
1. PARTM-S & MM.. Effective orr above , the County of Contra Costa,
California, hereinafter called "County", and the above-named Subdivider, mutually pmnfse
and agree as follows, concenung this subdivision:
2. It4P.ROVII-EMS. Subdivider agrees to install certain road improvements (both
public and pri-,ate) , Mainage improvements, signs, street lights, fire hydrants,
landscaping, and such other improvements (including appurtenant equipment) as required
in the improlmrrent plans for this subdivision as reviewed and on file with the Contra
Costa County Public j+brks Department and in conformance with the Contra Costa Ca mty
Ordinance Code (including future amendments thereto) .
Subdivider shall cimplete, said work and irrprommients [hereinafter called
"work"] wit!ldm the above camletion period from date hereof as required by the
Califo-rnia Subdivision Map act [Gocearrrrent Code 5566410 and following), in a good
workmanlike manner, in accordance with accepted construction practices and in a manner
equal or superior to the requirements of the County Ordinance Code and-pilings made
thereunder; and where there is a conflict between the irrprovenent plans and the County
Ordinance Code, the stricter requirements shall govern.
3. GLV1-RA1 T= AND kmJUWV Y OF WORK. Subdivider guarantees that said work shall
be free frrm defects in material or workmanship and shall perforin satisfactorily for a
period of one (1) year fran and after the Board of Suaerrisors accepts the work as
complete in accordance with Article 96-4.6, "Acceptance", of the Ordinance Code. Sub-
divider agrees to correct, repair, or replace, at his expense, any defects in said work.
'rhe guarantee period does not apply to road improvements for private mads,
ro
which are not to be accepted into the County ad system.
3A. PLM- T � T :DRi: Subdivider agrees to perform plant establishment
work: for landscaping installed murder this agreement. Said plant establishment work shall
consist of adequately watering plants, replacing unsuitable plants, doing weed, rodent and
other pest control and other work determined by the Public works Department to be necessary
to insure establishment of the plants.
Said plant establishment work shall be performed for a period of one (1)
year frau and after the Board of Supervisors accepts the work as complete.
4. Ii mTROVL=r SF'7CUUTY: Upon executing this agrearnnt, the Subdivider shall,
pursuant to Government Code 5566499, and the County Ordinance Code, provide as security
to the County:
A. For Perfourarce and G1zrantee: $1 , 361 jas2h, plus additional security,
in the amount of :1.'i 4,.7LnMh-i:h together total one hundred percent (100%) of the
estimated cost of the work. Such additional security is presented in the form of:
Cash, Certified check, or cashier's check
X Acceptable corporate surety bond
Acceptable irrevocable letter of credit
With this security, the Subdivider guarantees performance under this agreement.
B. For Pavnrnt: Security in the amount of $68, 050. 00ohich is fifty percent
(50%) of the estimator cost of the work. Such sncua-ity i pp yentc d in the form of:
Cash, certified check, or cashier's check
:c Acceptable corporate surety bond
Acceptable irrevocable letter of credit
With this.security, the Subdivider guarantees payment to the contractor,
to his subcontractors, and to persons renting equipment or furnishing labor or materials
to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and
upon request of the Subdivider, the amount of the securities may be reduced in accordance
with Sections 94-4.406 and 94-4.408 of the Ordinance Code.
00085
I
-2-
S. DIPROVEMN'T PIAN KURPAI 'Y Subdivider warrants the improvement plans for the
work are adequate to a= mplish the work as pranised in Section 2 and as required by
the Conditions of Approval for the Subdivision. If, at any tine before the Board of
Supervisors accepts the work as complete or during the one year.guarantee period, said
improvement plans prove to be inadequate in any respect, Subdivider shall make whatever
changes are necessary to accomplish the work as promised.
6. NO SHIVER BY CCLJNTY. Inspection of the work and,/or materials, or approval of
work and/or materials or statement by any officer, agent or emmplcyee of the County
indicating the work or any part thereof complies with the requirements of this Agree mt,
or acceptance of the whole or any part of said work and/or materials, or payments therefor,
or any combination or all of these acts, shall not relieve the Subdivider of his
obligation to fulfill this agreement as prescribed; nor shall the County be thereby
estoi; ed frau bringing any action for damages arising from the failure to comply with any
of the terns and conditio-Ls hereof.
7. Il�ID.~M=. Subdivider shall defend, hold harmless and indemnify the indemnitees
from the liabilities as defined in this section:
A. The indennitees benefited and protected by this premise are the County,
and its special districts, elective and appointive boards, comm ssions, offieers, .age is
and employees.
B. The liabilities protected against are any liability or -lain for damage
of any kind allegedly suffered, incurred or threatened because of actions defined below,
and including personal injury, death, property damage, immerse condemnation, or any
combination of these, and regardless of whether or not such liability, claim or damage
was unforseeable at any time before the County reviewed said im!tprovement plans or accepted
the work as complete, and including the defense of any suit (s) , action (s) or other
proceeding (s) concerning said liabilities and claims.
C. The actions causing_ liability are any act or emission (negligent or
nae-negligent) in connection with the matte_-s covered by this Agreement and attributable
to the Subdivider, contractor, subcontractor or any officer, agent or employee of one or
more of them.
D. Non-conditions: The promise and agreement in thds section are not conditioned
or dependent on whether or not any Indemnitee has prepares?, supplied, or reviewed any
plan (s) or specification (s) in connection with this work or subdivision, or has
insurance or other indemnification covering any of these matters, or that the alleged
damage resulted partly fran any negligent or willful misconduct of any Indemnitee.
8. *COSTS. Subdivider shall pay when due, all the costs of the work, including
inspections ffiieof and relocating existing utilities required thereby.
9. SURVEYS. Subdivider shall set and establish survey monuments in accordance
with the filed rep and to the satisfaction of the County Road Cccmissioner-Surveyor
before acceptance of any work as complete by the Board of Supervisors.
10. Not7PERFORMNCE MM COTS. If Subdivider fails to complete the work within the
tine specified in this agreement, and subsequent extensions, or fails to maintain the
work, the County may proceed to complete and/or maintain the work by contract or otherwise,
and Subdivider agrees to pay all costs and charges incurred by the County (including,
but not limited to: engineering, inspection, surveys, contract, overhead, etc.)
inn-ediately upon demand.
once action is taken by County to complete or maintain the work, Subdivider
agrees to pay all costs incurred by the County, even if Subdivider subsequently
completes the work.
Should County sue to compel performance under this Agreement or to recover
costs incurred in completing or maintaining the work, Subdivider agrees to pay all
attorney's fees, and all other e.xenses of litigation incurred by County in connection
therewith, even if Subdivider subsequently proceeds to complete the work.
11. AssiG =. If, before the Board of Supervisors accepts the work as.ocrplete,
the subdivision is annexed to a city, the County nay assign to that city the County's
richt-- under this Agreement and/or any deposit, bond, or letter of credit securing
said rights.
00085
*ante of t?Stdifomix
Contra Costa SS
QZowdg of .•...... ................•.............. ACKNOWLEDGMENT—Genrral—
Q0in 111is.....6th.-.....day of...........Jul-y.................................A. D. 19.7.$, before me,
EVeI_yn Martinet a Notary Public in and for,the said
pCounty and State, residing therein. duly commissioned and sworn, personally ap.
.• EVELYN MARTINEZFred Lorenzetti
NOTARY PUBLIC-CALIFORNIA geared..................
I o ....................................... ,.....,....,.._.. ..................-.............................................. .
3;
Pttncommission
E m Contra costa count .................
• My Coon Expues April 16,t
known to me to be the person whose name.....,is......................subscribed to the
within Instrument, and acknowledged to me that he executed the same.
Sri *i1ness 3111jerraf, I have hereunto set my hand and affixed my official seal
the day and year in this Certificate first above written.
for
...................... ... �,rst ,............�......_.
Notar Public in and or said Count and of California
My Commission Expires..._ApX i 1._16.a-_ 19 8 2_.._................ ... .............
FORM GA-IHOPKINS LEGAL FORMS,2328 FRUITVALE AVE., OAKLAND, CA. PH. 532-1977
RA
•
.
-3-
12. AS-BUILT PLANS. Before acceptance of the improvements by the Board of
rvisors, the Subdivider (or his Engineer) shall furnish the Depart ent of Public
s a carplete set of acceptable 35W microfilm copies of the original tracings of '
.,overnent plans for the subdivision (including all revisions thereto) .
13. RDCORD MRP. In consideration hereof, County shall allow Subdivider to file
record the Final Map or Parcel Map for said Subdivision.
A COSTA COUN`T'Y SU�IVIDg2: (see note below)
-ion L. Cline,
dic Works Director A 'W ZA
a
Puty
--CMMENDFD FOR APPROVAL: Note to Subdi.virler: Execute acknowledgment f
form below; and if a corporation, affix
corporate seal.
(CORPORATE SEAL)
PM APPROVED: JOHN`B. QAUSEN,
County Counsel
:ate of California ) (Acknowledgement by Corporation,
Partnership, or Individual)
aunty cf )ss
I , the person (s) whose mire (s) is/are
_geed above for Subdivider and who is/are known to me to be the individual (s)
.:d officer (s) or partner (s) as stated above who sicmed this instnrnent, personally
speared before .mr and aclmewledged to me that he_ e-�cuted it and that the
-arporation or partnership named above e-xecuted it
Notary Public for said County and State
(Subdiv. Agrmt. CCC Std. Form)
LD 9 (rev. 5/8/78) .
Inn
• Bond No. U057186
Premium: $2425.00
• IMPRO'lEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance , Guarantee, and Payment)
(Calif. Government Code 5§66499-66499 .101
1. OBLIGATION. FRED LOREN_ZETTI ,
Rn Principal, and UNITED-B-Cif-IC_jNSURANCE COMPANY ,
(•orporation organized and exit; inr under the laws -or' the State of
WASHINGTON_._ and authorized to transact surety business in
C.-il i.fornia, as Surety, hereby •jointly and severally bind ourselves ,. our 1
11e11•s , executors, administrator:; , successors, and assigns to the County
of contra Costa, California, to nay it :
0 (A. Performance & 'Guarantee) ONE HUNDRED THIRTY FOUR THOUSAND SEVEN
HUNDRED FORTY AND NO/100-------------- Dollars _'�'T�'4;74;0 for itself or
any city-assignee under the below-county subdivision agreement, plus
M. ' Payment) SIXTY EIGHT THOUSAND FIFTY AND N07100------------------
-----------------------=--------------- Dollars 4;68,050.00 to secure the
claims to which reference is made in Title 15 commencing; with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of Califor-
nia.
RECITAL. OF SUBDIVISIOU A(Hii•.E.NEENT. The Principal has executed an
arreement with the County to install and pay for street , drainage, and
other improvements in Subdivision Number 4889 as specified in the
S14-division Agreement, and to complete said wort; within the time specifled
(•nr completion in the Subdivision Agreement, all .in accordance Frith State
and local laws and rulinr;:. therelrnder in order to -satisfy -sonditions for
f.tl Lng of the Final Map or Parcel Map for said Subdivision.
1. CONDITION.
• A. The condition of this' obligation- as to Section 1. (A) above
In such that if the above bounde:J principal, his or its heirs, executors,
administrators , successors or assigns, shall in all things stand to and
ahide, by, and well and truly keep and perform the covenants , conditions
and provisions in the said ar*•reement and any alteration thereof made as
therein provided, on his or its part, to be kept and ^erformed at the
time and in the manner therein npceified, and in all rdspects according
to their true intent and meaning, and shall indemnify and save harmless
the County of Contra Costa (or- city assignee) , its officers, agents and
employees, as therein' stipulated, then this obligation shall become null
ami void; otherwise it shall be and remain in full force and effect .
As a part of the obligation :,-�curr!d hereby and in addition to the �
('m!r amount specified therefor, Lher�i shall be included costs and reason-
al- 1•i expenses and fees , includirrr; reasonable attorney 's fees , incurred
by County (or city assignees in successfully enforcing; such obligation,
all to be taxed as casts and included in any judgment rendered.
B. The condition of this obligation as to Section 1..(B)- above
in such that said Principal and the undersigned as corporate surety are
held .firmly bound unto the Count;; of Contra Costa and all .contractors,
niih.:ontractors, laborers , matert-1lmeri and other persons employed in the
g}�:r•1•ormance of the aforesaid ai*reement and referred to 1n the of
N vIl Code for materials furnislv�d- or labor thereon of any kind, .
Mate of Uifvn ix
Gmdg of » Contra Costa
�Ss
—ACKNOWLEDGMENT—General—
Qflnf(jia..... Ath-day of........JU1YJU1Y................................... D. 19.78.. before me.
Evelyn Martinez a Notary Public in and for the said
. . ............................... ...
+r
County and State, residing therein. duly commissioned and sworn,personally ap-
• -rI+c+..i ,-,i Fred Lorenze ....................MARTINEZ ............._............_........
J � NOTARY PI ..................._.....
JBLIC-CALIFORNIA ..............................._.........................................
Pr•nup�l Qri+[t�in Contra Costa Counp
l�r4v i y(��!Ui)Expoes April 16. 1982 .............._.........._................................---................................---............_.............._....__......---.........
known to me to be the person whose name......is......................subscribed to the
within Instrument, and acknowledged to me that he executed the same.
,31n Fitness Whereof, I have hereunto set my hand and affixed my official seal
the day and year in this Certificate fi2r. abovewritten.
`tLE�r ��K/t�-L
/ Notary public in mrd for said County and Staff of California
r My Commission Expires .... pill 15, 1982
FORM GA—+HOPKINS LEGAL FORMS.2328 FRUITVALE AVE., OAKLAND, CA. PH. 532-1972
00M
ij...Iw:
• r
amounts due under the Unemployment- Insurance Act with respect to such
:vnrk' or labor, that said surety will pay the same in an amount not W
exceeding the amount hereinabove set forth, and also in case suit is
bvought, upon this bond, :will pay , in addition to the face amount
thereof, cots and reasonable uxnenses and fees, including reasonable .
attorney' s fees, incurred by County (or city assirnee) in ,successfully
enforcing such obligation, to he awarded and fixed by the court, and
to be taxed as costs and to be included in the judfinent therein ren-
dered. '
It is hereby expressly stipulated and agreed that this bond shall
inure. to the bene.fit of any aid al:l persons , companies and corporations
entitled to file claims under Title 15 (compencing with Section 3082) �..
of Part 4 of Division 3 of the- Civil Code , so as to Five a right of
action °to them or- their assigns in any' su;Lt brought upon this bond.
Should the condition of -this bond be fully performed then this
obligation shall become null and void, otherwise it shall be and remain
in full force and effect. -
C. No alteration of said subdivision ac-reement or any plan
or specification of said work- r:;reed to by the Prineina.l and the
County shall relieve any Sunt;: from liability on this bond ; and con-
sent is ' hereby ;riven to make such alteration: without further notice to
or consent by Surety; and the :'1irety hereby waiver, the provisions of
Calif. Civil Code §2819 , and 1 ,Ids itself bound ::ithout re=tard to and
Independently of any action ag; inst Principal whenever taken. �
srGNED AND SEALED on July 6 1978 L
P1' UCIPAL ti ' SURETY �•'
, V—I (-_ UNITED PACIFIC INSURANCE COMPANY _
- O"Fred Lorenzettl v' '
By _` r C(_ ----..
;: iE J . e en, 4ttgrgey{ i R f#cS * IE }
State of California ' )ss. (ACKNOWLEDGMENT BY SURETY)
.ounty of Cnn _ra rngta )
^nuly6 1978 , the nerson(s) whose name(s) is/are signed
.ihnve for Surety and srtio is/are knoiin to me to be Attorney(s)-in-Fact
for this Cornorate Surety , per:onall.y appeared before me and acknowledged
to me that fie signed the name of the Corporation as Surety and his/
:."heir own name-Cs) as its At tovne•y(s)-in-Fact .
(NOTARIAL S � .L eei`-F1'( A1..�FAl/-
NANCY L. CLOWE
NOTARY PUBLIC•CALIFORNIA
Prindpal 0111ce in C"Ira Ccsta o
MycommissidnEapiresMay 19. -ry Public for County and State
(Hev. 2/76) Lu- — - - ------- ncy L, Clowes
EF3ti:bw _2_ . OOVV .
1
dr
t
Tam of lector's OfficeContra Ed- W. Ltd "
County Trtmrw-Ts- :ollmor
P.o. Boy.f 31 Costa AHnd P. Lomeliwer
Asri�txnt Troau►w•Ttax ColNeto.
625 Court Street JL
Martinez,California 94553 CouNy
(415) 372-4122 �``��
May 3, 1978
IF THIS TRACT IS NOT FILED BY OCTOBER 31, 19 78 , THIS LETTER IS VOID
This will certify that I have examined the map of the proposed
subdivision entitled:
SUBD. 4889
and have determined from the official tax records that there are no
unpaid County taxes heretofore levied on the property included in
the map. The 1977-78 tax lien has been paid in full. Our estimate
of the 1978-799 tax- ien, which became a lien on the first day of
March, 1978, is $ 3,000.00 .
Subdivision bond must be presented to County Tax Collector for review
and approval of adequacy of security, prior to filing with the Clerk
of the Board of Supervisors.
EDWARD W. LEAL
Treasurer - Tax Collector
i
00092
*NB of u[fomis
Contra Costa as
Qloludu of »..................»........�......»........ _ACKNOWLEDGMENT—Goeorat—
(Pht t11ne.....6th.......day of--......July...................................A. D. 193A. before me.
Evelyn Martinez a Notary Public in and for the said
County and State, residing therein, duly commissioned and sworn,personally ap-
t
OFFICIAL SEAL Fred Lorenzetti
•....:�: peared.............................. ........ ......................................................._........M_.....
EVELYN MARTINEZ
NOTARY PUBLIC-CALIFORNIA ........................" ...............
• 7 Onnorai r)tfffn n fnntra Cost,cOUoly
`ta.,✓ ""r• runr.yrcr,L�;altra.iprtl1G. 1982 ........................................................................................................... __._......
known to me to be the person whose name......1.5:.....................subscribed to the
within Instrument, and acknowledged to me that, he executed the same.
ern Fitness 3Wherraf, I have hereunto set my hand and affixed my official seal
the day and year in this Certificate f st above written. /
G[L .n� .'�6,C•4.Z�
4-
................. ........... r& .
... ........
NotaryPublic in and for "id Count.yand tete o Cel+ornis
April 16, 1982
MyCommission Expires......................_......_.............................................................................._.._.._.............
FORM GA—IHOPKINS LEGAL FORM5,2328 FRUITVALE AVE., OAKLAND, CA. PH. 532-1972
OW93
- w.LW
Edward rerT� a
l rintreq CountyT�rw
r`� e3� ,�, _•_• _ecto
Bond No. U057187
�' 7 117fMFremiums'
BOND AGAINST TAXES"''::
KNOW ALL MEU BY THESE PRESEN`T`S.
TIIAT Fred Lorenzetti w`" �c t;<< as Dri ci al
and (:;i1rt:Ly) _United Pacific_Insurance-Company
- a corporation
ori-ani:ed and exist int! under the lairs of the State of Washington
and authorized to trap:;act surety busineas in California as surety are held
and firmly bound unto the County of Contra Costa, State of California, in
the penal sum of Three Thousand and no/100-----------------Dollars $3,000.00 )
to be paid to the said County of Contra Costa, for the payment of which well
and truly to be made, .we and each of us bind ourselves , our heirs, executors .
administrators and succejsors , ,jointly and severally, firmly by these
presents.
Sealed with our seals and dated this 6th day of July
1978 _ t
The conditions of the: above obligation is such that WHEREAS, the
above bounded principal is about to file a map entitled
Tract 4889
ind covering a subdivision of a tract of land in said County of Contra
Costa , and there are certain liens for taxes and special assessments
:ollected as taxes , a£ainst the said Tract of land covered by said map,
4hich taxes and special assessments collected as taxes , are not as yet
lue or payable.
NOW, THEREFORE, if the said Principal
Nall pay all of the taxes and ;special assessments collected as taxes
Mich are a lien against said tract of land covered by said map, at the
lme of the filing of said map of said Tract , then this obligation shall
e void and of no effect. Otherwise it shall remain in full force and.
'feet .
rincipalU
UNITED PACIFIC INSURANCE COMPANY
Surety
BY:
Vi Teale, Attorney in fact
:14OWLEDGEMENT
SURETY)
State of California ) nnrip//��
County of Contra Costa
County in which acknowledgement is taken
July 6, 1978 before pre, Nancy L. Clowes a Notary Public '
t
rriti for said Country and State, personally appeared Vi Teale
known to me to be aforney in ac
of the corporation that executed the within instrument and
known to me to be the person who executed it on behalf of such
,-)ration anti ncknowledfrec, to me that such corporation executed the within'
r•ument pursuant to its by-laws or a resolption of its board of di/rectors.
4 •.)" C
NANCY L. CLOWES I n �riri�r •� �- __
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
AS EX OFFICIO THE BOARD OF SUPERVISORS OF CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
In the Matter of Requesting the U.S.
Array Corps of Engineers to add RESOLUTION NO. 78/ 758-
Recreation
8/ 773Recreation as a Project Purpose to
the Pinole Creek Project.
Work Order No. 8189-7505
Flood Control Zone 9—A
WHEREAS, the City of Pinole in their Resolution No. 1401 of May 1,
1978, requested the U.S_ Army Corps of Engineers to include recreation as a
project purpose. and
WHEREAS, the East Bay Regional Park District, the Bay Conservation
and Development Commission, the Department of Fish and Game, the Richmond
Unified School District, the California Native Plants Society, the Save Our
Creek, Friends of the River and the Pinole Rotary Club have expressed their
interest and support in developing a recreation and riparian habitat preservation
plan for the Pinole Creek project; and
WHEREAS, the City of Pinole in their letter of July 19, 1978, has
provided a commitment for the necessary non-Federal share of project costs for
recreation; and
NOW, THEREFORE, BE IT RESOLVED by this Board, as ex officio the Board
of Supervisors of the Contra Costa County Flood Control and Water Conservation
District, that the U.S. Army Corps of Engineers is hereby requested to add
recreation as a project purpose and develop a recreation plan for the Pinole
Creek project.
BE IT FURTHER RESOLVED by this Board that the Clerk of the Board of
Supervisors is directed to foniard a copy of this Resolution to the U.S. Army
Corps of Engineers, San Francisco District, 211 Main Street, San Francisco,
California 94105.
PASSED by the Board on August 1 , 1978.
Originator: Public Works Department
Flood Control Planning & Design
cc: County Public Works Director
County Administrator
City of Pinole,
Community Development
U.S. Army Corps of yngineers
via Public ,'corks
RESOLUTION NO. 78/ 753 00095
f
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of the Modification )
of Cooperative Agreement )
No. 4-643-C , Federal Aid Urban ) RESOLUTION NO . 78/ 759
Project , Treat Boulevard Widening , )
Pleasant Hill Area. )
Project No. 4861 -4331 -661-76 )
WHEREAS , County-State Cooperative Agreement No. 4-643-C
was approved by the Board of Supervisors on November 8 , 1977 ,
Resolution No. 77/921 ; an,i
WHEREAS , the elimination of the widening of Coggins Lane
from the scope of the work warrants a modification of the
Agreement ; and
On the recommendation of the Public Works Director, IT
IS BY THE BOARD RESOLVED that the Chairman is AUTHORIZED to
execute the Modification to the County-State Cooperative
Agreement No. 4-643-C .
PASSED by the Board on August 1 , 1978 .
Originator: Public Works Department
Road Design Division
cc: Public Works Director
CALTRANS
County Auditor-Controller
RESOLUTION NO. 78/759 QQKIL )
04-CC-630-10. 4/16. 7
04209 - 207231
In and near Pleasant '11111,
Treat Boulevard and
Coggins Drive
Dist. Agmt. No. 4-643-C
Document No. CC-7-3013
1 MODIFICATION OF AGREEIMENT
2 TI-IIS AGREEMENT, MADE AND ENTERED INTO ON TIIIS
3 DAY OF , 19789
4 BY AND BETWEEN
5 • COUNTY OF CONTRA COSTA,
6 a political subdivision of the
7 State of California, hereinafter
8 referred to as "COUNTY"
a
9 AND
10 STATE OF CALIFORNIA
11 acting by and through its Business
12 and Transportation Agency,
i3 Department of Transportation,
14 hereinafter referred to as "STATE"
15
16 i,i 1;Irs;r:Tll:
17 RIIEREAS, the parties liereto ,entered into an Agreement,
18 Document No. 7-3013, executed by COUNTY and STATE on November 8 ,
19 1977, which provides for participation between STATE and COUNTY
20 for modification and improvement of the Geary Road/Treat Boulevard
21 Interchange and Oak Park. Boulevard Interchange; add auxiliary
22 lanes to Route 630 freeway; widen and modify adjoining local
�3 streets ; and modify and augment parking facilities at the•.BART
24 Pleasant Hill Station ; all of which are referred to as "PROJECT"
�5 in said Agreement ; and 00091
_1_ Microfilmed with board order
llrT'•Q�
I MIE REAS, PROJECT, as defined in said Agreement, will be .
2 onstructed under two separate contracts; and
3 MMI.EAS, this Agreement with COUNTY is only 'concerned with
4 that portion of PROJECT to be financed by COUNTY FEDERAL AID
5 1RBAN (F'AIJ) Funds from the COUNTY's FAU program; and
6 MIERE:AS, STATE proposes to modify and augment parking
7 facilities at the BART Pleasant Hill Station; widen and modify
8 adjoining local streets ; all of which are hereinafter referred to
9 as "IMPROVEMENTS" and the location of said IMPROVEMENTS will be
10 as shown on Exhibit "R", attached hereto and by this reference
11 made a part of this Agreement; and
12 MIERFAS, STATE is willing to modify said Agreement to the
13 Actual Cost Method for the construction engineering cost to be
14 incurred by STATE on COII;;TY's behalf; and
15 hHEREAS, .COUNTY's financial obligation to STATE under said
16 /agreement for design engineering costs incurred by STATE on
17 COUNTY's behalf is 5241000 as of. March 1, 1978 ; and
18 WHEREAS, the FAU participation shall be 83.0 percent
19 (or the Federal reimbursement percentage in effect at the time
20 of programming) of the eligible right of way acquisition,
21 construction engineering; and construction costs; and
22
�3
24
2500098 �.
11r: ^,r?
I
t
1 WHEREAS, to expedite the completion of said IMPROVEMENTS
2 COUNTY .is • willing to bear the matching funds for right of way
3 acquisition, construction engineering and construction costs
lr and to bear the entire design engineering, right of way overhead
5 and utility relocation costs incurred by STATE for said
6 IPIPROV -MENTS ; and
7 MIEREAS, it would be practical at this time and in the best
8 interest of both parties hereto to update and amend provisions of
9 said prior Agreement (Docurient Dile No. 7-3013) , for the purpose
10 of clarifying the terms and conditions to be kept and performed by
11 the parties thereto, and to incorporate the provisions of said
12 prior Agreement under Articles of one Agreement.
13 N(?W, THEREFORE, in consideration of the covenants and
14 conditions herein contained, the parties hereto agree as follows:
15
16 SECTION I
1.7 That certain Agreement (Document File No. 7-3013) executed
18 by COUNTY and STATE on November 8, 1977, shall upon execution of
19 this Agreement by both parties hereto become null and void
20 thereafter, and the provisions of this Agreement shall supersede
21 and take the place thereof.
22 * * a s►
23
24 * �►
25 eoas9
-3-
I1rnQn•� .
I SECTION II
2 TATE AGREES :
3 1. RIGHT OF WAY SFRI'ICFS :
4 1. ) To perform various right of way services for COUNTY
5 s follows :
6 (a) To. provide right of way engineering services
7 including setting property lines , preparing
8 appraisal maps , deeds, and other acquisition
9 documents for use in the acquisition of all
10 property rights required for said IMPROVEMENTS.
11 (b) To appraise the parcels required as shown on
12 Exhibit "R". Said appraisals shall indicate
13 the fair market value of the required property
14 rights. Signed copies of the appraisals shall
15 be given to COUNTY for concurrence prior to
16 commencement of acquisition.
17 (c) To conduct negotiations with property owners
18 for the acquisition of property rights required
19 based on STATE's approved appraisals. COUNTY .
20 agrees to accept title to parcels acquired by
21 STATE for COUNTY for said IMPROVEMENTS. Any
22 settlement of variance from STATE's approved
23 appraisal must have the prior approval of COUNTY.
24
�5 *00100 "
-4.
1 (d) To deliver all executed documents and escrow
2 instructions to COUNTY as transactions are
3 closed for acceptance and/or delivery into
4 the acquisition escrow.
5 (e) To notify COUNTY in the event that it becomes
6 necessary to acquire any parcel through a
7 Proceeding in eminent domain. STATE, with
8 COUNTY 's concurrence , shall arrange and be
9 responsible for all legal work in connection
10 with said proceedings.
11 (f) To provide necessary relocation assistance
12 services to displaced persons , business,
13 farms , and non-profit organizations for COUNTY
14 in accordance with State and Federal laws. Said
i5 services shall conform to STATE's Relocation
16 Assistance Pandbook as follows :
17 (1) The determination of eligibility of
18 displacees to receive relocation
19 assistance payments and services .
20 (2) . The calculation of the amount of
21 relocation assistance payments to be
22 made to eligible displacoos.
23 * * R R
24 R R * M R R
25 * * 900101. R
-S-
1 (3) The advising of dis lacees of their rights
. 8 P 8
2 to relocation advisory assistance and
3 payments. ,
4 (4) The providing of advisory assistance to
5 displacees in locating replacement property. `
. 4
6 (5) The providing of STATE claim forms to
I
7 displacees, assisting them in filing, and
8 processing all relocation claims. i
9 STATE will submit all approved claim forms
i
10 and backup documentation to COUNTY for review
f
11 prior to payments as herein provided.
f
12 (g) As agent for COUNTY to make .all arrangements with i
13 owners of public or private utilities for the
14 removal and/or relocation of all utility facilities!
15 which conflict with the construction of said
-16 IMPROVEMENTS. The cost of removal and/or
17 relocation shall be shared in accordance with
18 applicable law or existing franchise in effect
19 with the representative utility owners..
- 20 2.) To accumulate all right of way services costs in a
21 separate account.
22 w k • - •
�3 A A • • R
. 24 . t • • •
�5 . • • •
00102
4cD802
1 3. ) Upon completion of all right of way services , to
2 furnish COUNTY with a final statement of the total cost to be
3 borne by COUNTY and to refund to COUNTY any amount of COUNTY's
advance deposit as provided for hereinafter in Section III,
5 Article 1 remaining after actual costs to be borne by COUNTY have
6 been deducted.
7 B. DESIGN AND C.ON'STIt1 M IONT:
8
l .) To prepare contract plans , specifications and
9 engineer's estimate for said IMPROVEMENTS subiect to review
10 and Approval by COUNTY as to conformity to COUNTY standards
11 and/or existing facilities.
12 2 .) To construct said IMPROVI"MENTS by contract with a
13 construction contractor licensed by the State of California,
14 said contract to be carried out in accordance with the
15 provisions of the State Contract Act, Chapter 3, Part S,
16 Division 3, Title 2 of the Government Code, and work completed
17 in conformity with plans and specifications of STATE.
18 3. ) To furnish and install by STATE's forces all traffic -
19 striping and pavement markings required for said IMPROVEMENTS.
20 4 . ) Upon completion of STATE's construction contract and
21 all work incidental thereto, to furnish COUNTY with a detailed
22 statement of design engineering, construction engineering, and
�3 construction costs to be borne by COUNTY and to refund to .
24 COUNTY any amount of COUNTY's advance deposit provided for in`
?5 Section III , Articles. l and 3 remaining after actual costs to
-7- ��
4CnRn�
r
I be borne by COUNTY have been deducted.
2
3 SECTION III
4 COUNTY AC;REF.S:
5 1. ) To deposit wit], STATE immediately following STATE's
6 execution of this Agreement the amount of $173,500 which
7 figure represonts STATE 's esitmate of COUNTY's share for right
8 of way overhead, right of way acquisition and design engineering
9 costs. The actual cost to COUNTY will be determined upon
10 completion of said wort: and small be computed as follows :
11 (a) Design I'ngiaeerijig Cost (no FAU participation) :
12 .Said cost, estimated to be $67,500, shall be the
13 actual cost to STATE for design engineering of
14 said IMPROVEMENTS as stated hereinafter in
15 Article 3 . Said actual cost includes payment
16 for all applicable overhead charges at the
17 current rate of Caltran's accounting manual,
18 Chapter 11 , Tarte 6-2.
19 (b) Right of Ilia), Acquisition Cost (FAi1 rarticipat�:
20 Said cost, estimated to be $51,000, shall be the
21 actual cost to STATE for purchase of rights
22 (fee title) , improvements and relocation of-
23
f23 improvements; the cost for any severance or other
24 damages either negotiated or assessed in a -
25 proceeding in eminent domain; and the payment to
00104
I owners for Relocation Assistance (if applicable)
2 less the FAU participation.
3 (c) Riglit of Way Overhead Cost (No FAU participation) :
4 said cost, estimated to be $55,000 , shall be the
5 actual cost to STATE for malting arrangements
6 and inspecting utility relocations and/or
7 removals , for right of way engineering, appraising
8 negotiating, title reports and legal fees for
9 acquiring; property but shall not include payments
10 made by STATE to owners of real property for said
11 property' s land value, improvements and damages.
12 Said cost shall include payments for all applicabi
13 overhead charges at the current rate of Caltrans'
14 Accounting manual , Chapter 11 , table 6-2 .
15 2 .) To pay STATE promptly, upon completion of all right of
16 tray services and upo,i receipt of a final statement therefor, any
17 amount over and above the aforesaid advance deposit required to
18 complete COUNTY's share of design engineering costs, right of way
- �9 overhead, right of way acquisition and utility relocation costs
20 pursuant to this Agreement.
21 3. ) To deposit with STATE within 21 days of receipt of
22 billing therefor (which billing will be forwarded prior to
�3 STATE's bid advertisin, date of a construction contract for the
24 aforesaid IMPROVEMENTS) , the amount of $114,650 which figure
�5 represents STATE's estimate of COUNTY's share for co on
_g.
• jf
1 engineering and construction costs for said IMPROVEMENTS. Actual
2 costs to be borne by COUNTY will be determined upon completion of
3 all work as shown on Exhibit "A", attached hereto and by this
4 reference made a part of this Agreement and shall be the sum of
5 the following:
6 (a) Construction Cost (FAI1 participation) : Said cost.
7 estimated to be $85,000, shall be the actual cost
8 to STA'I'N to complete said IMPROVEMENTS including
9 cost to STATE for traffic stripes and pavement
10 markings, STATE-furnished materials, if any, and
11 any additional or extra work directly related to
12 said 111PROVI:MENTS loss the FAIL participation. Suel
13 actual cost will be determined by multiplying the '
14 final gtiantities by the applicable unit prices in
15 STATE 's construction contract.
16 (b) Constr>>ction Engineering Cost (FAI1 participation) :
17 COUNTY's liability for said cost (estimated to be
16 $29,650) , shall be the total actual cost to STATE
19 for construction engineering; including all direct
20 and indirect cost (functional and administrative
21 overhead assessment) attributable to such work,
22 applied in accordance with STATE's standard
23 accounting procedures less the FAU participation;
24 and shall be determined after completion of work
25 and a .financial settlement made upon final
-lo- 00106
1 accounting of costs.
2 4 . ) Upon opening of bids to pay STATE within 21 days upon
3 receipt of statement therefor an amount over and above the
4 aforesaid advance deposit, subject to conditions of Section III ,
5 Article (5) , necessary to complete the financing of COUNTY's share
6 of the cost for said IMPROVD- WNTS. In like manner, COUNTY also
7 agrees to supplement the advance deposit to pay fo.r additional
8 quantities or work necessary for the completion .of said
9 IMPROVEMENTS which ares unknown at date of execution of this
10 Agreement. In the event the aforesaid advance deposit exceeds the
11 amount needed to finance COUNTY's share, STATE shall promptly
12 refund to COUNTY such balance. If the excess is less than $500,
i3 a refund wi11 be waived until final accounting.
1.4 5. ) In the event that the COUNTY's share of the cost for
15 I11PROVEMENTS does not exceed the aforesaid advance deposit- by.
16 more than 15 percent, STATE may award a contract for aforesaid
�7 IMPROVEMENTS.
18 If however, COUNTY's share of cost for IMPROVEMENTS
19 does exceed the aforesaid advance deposit by more than 15' percent,
20 COUNTY shall have the option of either:
21 (a) Request within 5 days after notification by STATE
22 of the additional cost involved that the contract
�3 be cancelled. COUNTY shall assume the cost of all
24 expenses incurred by STATE on behalf 'of COUNTY. Y
�5 These costs shall be deducted from COUNTY OM07
-11•
1 deposited funds as specified in Section III.,
2 Article (3) and the balance thereof. be promptly
3 refunded by STATE to COUNTY.
4 (b) Assume the additional cost and deposit additional
5 funds as specified in Section III, .Article (4)
6 therefor if option ri (a) is ,not exercised within the
7 time limit specified therein.
8 6.) To pay STATE promptly upon completion of all work and
9 upon receipt of a final statement made therefor, any amount -over
10 and above the aforesaid advance deposit required to complete
11 COUNTY's share of financial obligations pursuant to this Agreement
12 7.) Upon completion and acceptance of the work for said
13 IMPROVEMENTS by STATE, COUNTY will accept control and all
1 maintenance responsibilities for said IMPROVEMENTS.
15 8 .) ' To indemnify and save STATE, its officers, agents and
16 employees harmless from any and all liability for injuries to
17 persons or damage to property caused or resulting in any manner
18 from STATE's performanco for said IMPROVEMENTS under this
19 Agreement, excepting for injuries to person or damage to property
. 20 caused or resulting from the sole negligence or willful misconduct
21 of STATE, its officers, agents and employees.
22 a • •
23
24 * e e e w ~
25 00108
-12-
i'
1 SECTION IV
2 IT IS MUTUALLY UNDERSTOOD AND AGREED:
3 1. ) That obligations of STATE under terms of this
4 Agreement are contingent upon the allocation of funds- by the
5 Legislature and .the California Transportation Commission.
6 2.) That STATE shall not award a contract for said
7 IMPROVEMENTS unless and until COUNTY's deposit required in
8 Section III , Article 3 is received.
9 3. ) That neither STATE nor any officer or employee thereof,
10 shall be responsible for any damage or liability occurring by
11 reason of anything done or omitted to be done by COUNTY under or
12 in connection with any work, authority or jurisdiction delegated
13 to COUNTY under this Agreement. It is also understood and agreed
14 that, pursuant to Government Code Section 895.4 , COUNTY shall
15 fully indemnify and hold STATE harmless from any liability impose
16 for injury (as defined by Government Code Section 810. 8) occurring
�7 by reason of anything done or omitted to be done by COUNTY under
18 or in connection with any work, authority or jurisdiction
19 delegated to COUNTY under this Agreement.
20 4 . ) That STATE is designated as the Lead Agency for said
21 IMPROVE*LENTS and shall be responsible for compliance with
22 environmental laws and regulations pertaining to highway
�3 construction.
24 R '
25 * * w w
-l3• 00109
1 5.) That Exhibit "B" , attached hereto, has been prepared
2 to depict the general locations of Parcels to be acquired and
3 areas where construction work is proposed for said IMPROVDIE•NTS,
4 actual work to be accomplished pursuant •to this Agreement shall
5 be based on details described and approved plans referred to
6 hereinbefore in Section II , Subarticles (a) and (b) .
7 6.) That in the acquisition of right of way, design and
8 construction of said IMPROVEMENTS, STATE will comply fully with
9 all applicable Federal regulations.
10 7.) That in the construction of said work STATE will
11 furnish a Resident Engineer. COUNTY may, at no cost to STATE,
12 furnish a representative and that said representative and
13 Resident Engineer will cooperate and consult with each other
14 but the order of STATI: 's engineer shall be final. No direct
15 action with STATE's contractor shall be taken by COUNTY except
16 through STATE's Engineer.
17 8.) That should STATE incur any additional expense on
18 behalf of COUNTY and with COUNTY's written consent pursuant to
_. 19 right of way acquisition , engineering or construction of said
20 IYPROVIMENTS referred to herein which is not specifically defined
21 under Provisions set forth in this Agreement, said additional
22 expense will be borne at COUNTY's sole expense.
23
24 . e .
�5 R . 00110
-14-
i
1 p. ) That should any portion of this. Project bc ' financed
2 with Federal Funds or .State Gas Tax Funds, all applicable
3 procedures and policies relating to the use 'of such funds -shall -
4 apply, notwithstanding; other Provisions of this Agreement.
5 1.0.) That execution of this Agreement by COUNTY grants to
6 STATE the right to enter upon COUNTY-owned lands to construct
7 the IMPROVE.IfENTS referred to herein which lie outside of STATE's
8 freeway right of way.
9 11.) That should STATE receive Federal reimbursement for
10 the FA(I portion of this project of more than 83.0 percent of the
11 right of way, construction engineering, striping and construction
12 cost, all of said Federal reimbursement over and above 83.0
13 percent shall be refunded . to COUNTY.
14 12. ) That should said FAIJ reimbursement to STATE be less
15 than 83. 0 percent of the right of way, construction engineering,
16 striping; and construction cost , COUNTY shall reimburse STATE the
17 difference between 83. 0 percent of said cost and the actual
18 Federal reimbursement.
19 13. ) That the scope of the proposed work for said
20 IMPROVJiMENTS may he increased, with written consent of COUNTY,
21 to include additional modifications to BART's Pleasant Hill
22 Station facilities.
23
24
25 * +� * •
-1S- . 401.11
hrn9n•,
1 IN WITNESS 1111JEREOF, the parties hereto have caused this.
2 Agreement to be executed by their respective officers , duly
3 authorized, the provisions of which Agreement are effective as of
4 the day, month and year first hereinabove written.
5
6 STAT: OF CALIFORNIA COUNT RA COSTA
Department of Transportation A.1.Schroder
7 Transportation District 4 By
airman, Board o
8 Supervisors
T. R. LAIAMERS
9 District Director Attest:
Cler-14'Boprd o
10 Supervisors
11 By Deputy District erector RECOYMENDED FOR APPROV
12
13 ec or o is s
14 APPROVED AS TO FORM APPROVED AS TO FORM:
AND PROCEDITRE:
15
16 i
17 Attorney, Department o � Countyounce
18 Transportation .
19
- 20 '
21
22
23
24
25
-16-
00112
EXHIBIT "A"
04209 —207231
Dist. Agmt . No. 4-643-C
Document No. CC-7-3013
COMPUTATION OF COUNTY'S SHARE FOR IMPROVEMPITS
Total FAU Share County Share
Item Cost (834n (17%)
1. Right of Way Acquisition $ 3000000 $ 2499000 $ 511000
2. Right of 1,.ay Overhead 550000 0 SS0000
3. Construction 500.000 4150000 8S9000
4. Design Engineering
*(Actual Cost) 67,500 0 670500
5. Construction Engineering (CE)
Direct Charges (Actual Cost) 480615 40,350 8,265
6. Construction Fngincering (CE)
Overhead Charges (Actual Cost) 21 ,335 0 21 ,385
Total $9929500 $7040350 $288.,150
00113
*The actual cost includes Payment for all applicable- overhead charges.
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. - r IPS TilE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Platter of ) RESOLUTION NO 70/760
Approval of the Final Map )
and Subdivision Agreement of )
Subdivision 4576, )
Orinda Area. )
)
The following documents were presented for Board approval this date :
The Final Map of Subdivision "4576, property located in the Orinda
area, said map having been certified by the proper officials;
A subdivision agreement with Great Western Savings and Loan_
Association,. subdivider, wherein said subdivider agrees to complete
all improvements as required in said subdivision agreement within
one year from the date of said agreement;
Said docuinents were accompanied by the following:
Security to guarantee the completion of road and street improvements
as required by Title 9 of. the County Ordinance Code, as follows:
a. Surety Bond (No. 6009826) issued by Fidelity and Deposit
Company of Maryland with Great Western Savings and Loan Association
as principal, in the amount of $47,000 for Faithful Performance and
$24,000 for Labor and Materials;
b. Cash deposit (Auditor's Deposit Permit Detail No. . 13307, dated
July 25, 1978) , in the amount of $1,000, deposited by: Century Homes
Development Company.
Letter from the County Tax Collector stating that there are no unpaid
County taxes heretofore levied on the property included in said map, and
that the 1977-78 tax lien has been paid in full, and the 1978-79 tax
lien, which became a lien on the first day of March, 1978, is estimated '
to be $10,700;
Security to guarantee the payment of taxes as required by Title 9
of the County Ordinance Code, as follows :
a. Surety Bond (No. 0270977) issued by Fidelity and Deposit
Company of Maryland with Great Western Savings and Loan Association
as principal, in the amount of $10,7C0 guaranteeing the payment of the
estimated 1978-79 tax;
NOW THEREFORE BE IT RESOLVED that said Final Map is APPROVED
and this Board does not accept or reject on behalf of the public any
of the streets, paths, or easements shown thereon as dedicated to
public use.
BE IT FURTHER RESOLVED that said subdivision agreement is also
APPROVED.
PASSEL: by the Board on August 1, 1978.
Originating Department: Public Works
Land Development Division
cc: Public Works Director - LD
Director of Planning
Great Western Savings and Loan Association
1700 Broadway
Oakland, CA 94612
Western Title Insurance Company (w/lgreement & Bonds)
P. 0. Box 5286
Walnut Creek, CA 94596
RESOLUTION NO. 78/760 00116
Li
SUEDrVISICI1 aaml=
(Government Code
§566462 and 5966463)
[§11 Subdivision: [511 Effective Pate:August 1 , 1978
(511 Subdivider: �ireti� `ws,eAwirArw. 1511 Coaplation Period:
1. PA.RTIFS & PATE. Effective on the above date, the County of Contra Costa,
California, hereinafter called "Com, and the above-nzm ed Subdivider, mutually promise
and agree as follows, concerning this subdivision:
2. ZT_RMT2- T8. Subdivider agre-e.s to install certain road L'rprovemelts (both
public and private) , drainage inprove*rents, sic_ms, street lights, fire hydrants,-
landscaping, and such other' improvements (including appurtenant equipment) as required
in the improvement plains for this subdivision as reviewed and on file with the Contra
Costa County Public works Department and in ccnfc=ararice with the Contra Costa County
Ordinance Code (including future amendments thereto) .
Subdivieer shall carplete said work and irr zavements (hereinafter called
"work"] within the above ccapletion period f=n date hereof as required by the
Ca1ifczrnia Subdivision Map Act [Government Code 5566410 and following] , in a good
workmanlike manner, in accordance with accepted ccnstn=ticn practices and in a manner
equal or superior to the _equirsrpnts of the CotmtI Ordinance Code and rulings made
d ereunder; and where there is a conflict between the improvement plans and the County
Ordinance Code, the stricter requirements shall govern.
3. MWXT= AND Thr RRAN'T'Y OF MFF. Subdivider guarantees that said world shall
be free fian defects in material or wonknonship and shall perform satisfactorily for a
period of. one (1) year frau and after the Board of Supervisors accepts the world as
cc=lete in accordance with Article 96-4.6, "Acceptance", of the Ordinance Code. Sub-
divider agrees to correct, repair, or replace, at his expanse, any defects in said work.
nie guarantee period does not. apply to road itrorvvenents for private roads,
which are not to be accepted into the County road system.
3A. P ANT ES'-212SHMZ Subdivider agrees to perfoan plant .eitabliskge.nt
work for landscaping installed under this agreement. Said plant establisimmt worts shall
consist of adequately Aaterinq plants, replacing umsuitaJle plants, doing weed, rodent and
other pest control and other work dete=di ed by the Public Works Department to be necessary
to insure establishment of the plants.
Said plant establishment work shall he =erfc=red for a period of cne (1)
year from and after the Board of Supervisors accepts the work as c=plete.
4. IluS'PG4 ' TT S=RM-Y: upm exec.utintg this agreement, the Subdilr_cer shall,
pursuant to C�cvernrmnt Code §§66499, and the County Ordinance Code, provide as security
to the County:
A. For Perfcimw.ce and Guarantee: $��oecash, plus additional security,
in the amount of n6ja -which together total one hundred percent (100%) of the _
estimated cost of the work. sur-11 additional security is presented in the foam of:
Cash, certified check, or cashier's check
Acceptable corporate surety bond
_- acceptable irrevocable letter of credit
with this security, the Subdivider guarantees per_"onnanm under this agreement.
B. For Payment: Security in the amount of S ?A,Q" which is fifty pe-rcent
(50%) of the estimated cost of the work. Such security is presented in the foam of:
Cash, ce_r+.i vied check, or cashier's check
Acceptabie corporate surety mond
Acceptable irrevocable letter of credit
with t:u.s secuz-ity, the Subdi.rider , tees :zyrneert to the ccn=c-.^r,
to his subcontractcrs, and to Derscr re ng equipment or furnishing labor or materials
to them or to the Subdivider.
c. upon acceptance of the wo& as ca. Tlete by the Bcard C
upon Wiest cf the Subdivider, the amcLnt of the secruri.ties may be
with Sections 94-4.406 and 94-4.408 of the G ziinance Cade.
AU G ( 1973
0011 0.. SOLSSUP
Microfilmed with board order
CLERK BOARD O.' SUPERVISORS
Microfilmed
CONS O iA O.
B
' J
-2-
5. 1?•LDROtr ENT PIAN WARRAN'T'Y Subdivider warrants the inproven mt plans for the
work are adequate to accomplish :he work as prmiised in Section 2 and as required by
the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisors accepts the work as ccrmlete or during the one year guarantee period, said
improvement plans p--o-re to be inadequate in arid► respect, Subdivider shall make whatever
changes are necessary to accamplish the work as promised.
6. NO BY CC UNTY. Inspection of the work and/or materials, or approval of
work and/or mmiaterials or statement by any officer, agent or employee of the County
indicating the work or any part thereof ccmlies with the requirements of this Agreement,
or acceptance of the whole or any part of said work and/or materials, or paynents therefor,
or any combination or all of these acts, shall not relieve the Subdivider of his
obligation to fulfill this agreement as prescribes.; nor shall the County be thereby
estopped from bringing any action for damages arising from the failure to comply with any
of the terms and conditions hereof.
7. ZMEM2'T'Y. Subdivider shall defend, hold harmless and indemnify the indemnitees
from the 1511T,es as defined in this sectio:
A. The indemitees benefited and protected by this prom. se are the County,
and its special districts, elective and appointive boards, cmmmissions, officers, agents
and employees.
B. The liabilities protected against are any liability or claim for damage
of any kind allegedly suffered, incurred or threatened because of actions defined beiow,
and including personal injury, death, property damage, inverse condeamtion, or. any
amination of these, and regardless of whether or not such liability, claim or damage
was urforseeable at any tme before the County reviewed said inmrovement plans or accepted
the work as Mete, and including the defense of any suit (s) , action (s) or other
proceeding (s) concerning said liabilities and claims.
C. The actions causing liability are any act or emission (negligent or
non-negligent) in connection with tine matters covered by this Agreement and attzibutable
to the Subdivider, contractor, subcontractor or any officer, agent or employee'of one or
more of than.
D. Ivcn- editions: The pranise and agresrent in this section are not =nditicaed
or dependent on whether or not any Indmmtee has prepared, .suppliei, or reviewed any
plan (s) or specification (s) in connection with this work or subdivision, or has
insurance or other indemufi.cation covering any of these matters, or that the alleged,
damage resulted partly frim any negligent or willful misconduct of any Indesmitee.
S. COSTS. Subdivider sha11 pay when due, all the costs of the work:, including
inspections tai eof and relocating existing utilities required thereby.
9. SURVEYS. Subdivider shall set and establish survey monuments in acoordanee
with the filed map and to the satisfaction of the County Road Cammissiener-Surveyor_
before acceptance of any works as complete by the Board of Supervisors.
10. AND COSTS. If Subdivider fails to complete the works within the
tit--me specified in this agreement, and subsequent extensions, or fails to maintain the
work, the County may proceed to complete and/or maintain the work by contract or othezwise,
and Subdivider agrees to pay all costs and charges incurred by the County (including,
but not limited to: engineering, inspection, surveys, contract, vmtAead, etc.)
itmiediately upon demand.
Cnoe action is taken by County to complete or maintain the work, Subdivider
agrees to pay all costs incurred by the County, even if Subdivider subsequently
camletes the work.
Should Couit_a sty tr. carr? Ferfonranc-,, under this Acrroem it or to
costs incurred in cx=leting or mraintaiting the works, Subdivider agrees to pay all
attorney's fees, and a1.1 other expenses of litigation incurred by County in miction
therewith, even if Subdivider subsequently proceeds to complete the work.
11. ASSIQz=- If, before the Board of Supervisors accepts the work: as cc !plete,
the s6bidivision is annexed to a city, the County mey assign to that qty th° County's
rights under this Agreement and/or any deposit, bond, or letter of mit securing
said rights.
00118
12. AS-ATILT PLANS. Before acceptance of the inprove ants by the Board of
Supervisors, the Subdivider (or his Engineer) shall furnish the Demartment of Public
Works a canplete set of acceptable 35MM microfilm copies of the original tracings of
impzvvemnt plans for the subdivision (including all zevisions thereto) .
13. RECORD SAP. In consideration hereof, County shall allow Subdivider to f-le
and record the Final Map or Parcel Map for said Subdivision.
CONTRA COSTA CCUJM SUBDrrl=: (see note below)
Vernon L. Cline, - f
Public Works Director
By: /� ' �a M( y t6 f~676%r
De
RECO MMD FOR APPRM-AL: Note to Subdivi('er: Execute ackncwledgtent
fonn below; and if a corporation, affix
Dcorporate seal.
By; ��,�, .0 i`! �_---� (CCRPMATE SEAL)
FORM APPROVED: JC1-2I B. CT-A=4,
County Counsel
State of California ) (Acknrwledgerent by Corporation,
Partnership, or Individual)
County of �-` , ' y )ss
Cri f_ L L ` /r•jl� , the person (s) whose ;lane (s) is/are
signed,'above for Subdircer and rno -,s,/-are Imcwn to me to be the individual (s)
and offices (s) or part-ner (s) as stated above who sicmed this irstrumpant, personally
appeared before m and acknowledged to re that heexecuted it and that the
corporation or partnership named above executed it_
(IJOMRIAL SEAL)
No C �Cr said County and State
(Subdiv. Ag=t. CCC Std. Forth)
�7� (�
j'i •�;, �;_-' tib toae:is•,km Ezp.lon^7".1"A; '; .
LD 9 (rev. 5/8/78) .
00119
The premium charged for this bond is
$846.00 for the first two years. '� • �` .
RECEIVED :.:?- Si3t:Cr 171"V ^:r:i.
AUG 1 19'3 SI r:Jl
J. L orSM (Per:crmanc:e, Guarantee,- and Payment)
asrrc eo�rrs a= 3UP:RVLgM (Calif. 3overnment Code §;664990-66499.10)
oo.
u , .4.
as Principal , arra ,
_. cor::oration or r i • ,.. :. i nr- unuer aws of t.
• E•;a ._ped -:.: ex :�.. e t the 5L'at.e of
t.Iarylan t
an-' a nthorize�d to transact surety business in
e:aell fornia, as Suret;:, ;:e ;' ,'Oint ly and sever3_ly bind ourselves, Our '
heirs, executors, administrators, successors, and assigns to the County
or Lantra Costa, California, to pa;: it:
(A. Per aer.ma::•_e a Guarantee) SOME A&MMia!—f
_■ „011ar s Y _� For itual.' Or
an;; cit;j-a:)•iii;nee unu r :.:.g :s�?�s- .ountr :itaC'JVl::1on af1,r•eafit n I u a
(H. Pay ment) T
r .:olla:•� (:; — to secure 'tne
1 •1•.ia_::.s to which reference .s ;.race in 'iitle :ti lco:.rmeticino with Section
33$2) of Part u of J:ivisic.. 3 of the Civil Code- of the State of Califor-
nia.
HECITAL (IF St MI1.'=::C:: Phae Principal .has executed- an.
arree:::ent with the Co:.nt o s•:.:t::11 and rL for street, drainage, read
c ter• imrrover:•ents in S::b:iti:sio:: Nun■iber �� , as specified in the
Subdivision Agreement, and co complete saia wor:: ::ithin the time specified
for cor..p•1--tion in the S:::::=vi;ion =:reer-en.: , all in accordance with State
and local laws ••end rulinrz thereunder in order to satisfy conditions for
filinG of the Final :•:ap cr Parr.-el Map for said Subdivision.
3. CONDITION. '
A. The coed± =cn Of this obligation as to Section 1.(A) above
• !a such that if t:^.e abcv-3 :dourse"I principal. his or its heirs, executors,
a ftnini3tratoM , aucce: scrs Or a53iCns, ati all in all thinGs Stant: to -and
ahide by, and well and truly :•:eep anu rerr rm the covenants, conditicns
and :rovisions in the s a ar reement and an;• :alteration thereof mint! ) as
y:
amount* due 'under t::•: °:;•'.'••• :•":' -:1r r.fi.:tiv nct] tet ..Et:] [••e:i�ryCt to' t •
:; 3c.t
zr a:.---r' in ar. d:,lollnt not
xce=in'.: :arlol::: and also i:: care ouit is
i I. L:•]t."i i.:...:, ' , .:., ..•[.t:',:�Cn to the face amount
:a ec•', is and r,_,:= r•::1' ,• r e , including reasonable
.._r costs e_ .a . e. �S. Ct.. 5 1:1ti a :i
attornc•:'s fees, lncurtcd y;; County (or city aoslrree) in successfully
a,forcing such obli;-at3an, to tae a:nrded and fixed by the court, and
to be taxed as costs and to be included in the 3udrrnent therein ren-
dere3.
It .s a.•e.. C1...y cxrreSJ1,± at-'r=tCt • and ae • i that `.hrJ. .
bond shall
+ inure to the benefit of any and all percens, companica and corporations
entitled to file claims under 'title 15 (com=encinr, with Section 3082)
of Part I+ cf Division 3 of the Civil Code, so as to give a right of
t
action to t:aen or their assigns in• arty suit brought upon this bond.
'.
Should the cnrd�t j c. f ''' e -full.y •.,r �a •p
c •, t n o �:]1z .tend ti .:u re r i.. I" , then this
[ oblir-,:zion zhali becc=e null and void, otherwise it zhall :.e and remain
in full Pcrse and effect.
C. No alteration of said 3ubiliviston agreement or any plan
or specific:tion of said ::orf a creed to by the' Principal and the
Count;: shall relieve any Surat;: frcm liability on this band; and con-
sent is herz::; riven to r..ake such alterations :•:tthout further notice to
or :onzent :y Sure:-; anJG th.e ; iirct;: hereby *znlive, rho previsions, of,
Calif. Civ'_'_ Code and hoolds it:inlf hound. without• reronrd to and
indepe ndon"Wiy of •any action a-ainat Principal ohone•ver taken.
SIGMEE ' XID E.Z.ALED on July 19th, 1978
Pr..r c �„I. SUKETY
47 RIDIU TTY Amp nmposTT @NPAKV ND
ftwo%os # wory • .001� • s r oq Qe4vqnVl%1, grgey- y c
State of California ) .,
County of ga , ;Q )ss• (A(.K,..•+):•!t.I:7G.iL:lf :iY SURETY) .
_.tl Frc GO
On July 19th, 1978 , the per,on(s) whose names) is/are s1r.ned
above for• ::•:rat;• and who Is/are knoarn to me to be Attorney(s)
for t"-'s Corporate Surety, personally appeared before me and acknowledged
--to t.:= ...at he sinned the nar..e of the CorporiLtion as Surety and his/
their own nano cs) as its Attorney(s)-in-Fact.
OFFICIAL SEAL'
ARIA:LEffj-M0¢LIA
M070Xv-PUQLIC•CALIFORNIA
”r COUN iY OF SAN FRANCISCO ?'
.My Commission E;dm May 31.1980 Notary PuL lic for County and State
Et31i:LW -2-
+
• ool2•
r
eal
Tax,Col lc 's Office Contra - Cow�rreeasurerr -TaxColbetor
Alfred P. Lomeli
P.O. cs^x 631 Costa
Assistant Treasurer-Tax Collaomor
tits Court Street �*
Martinez,California 94ja3
(415)372-4122
J,Ay 17, 1978
IF THIS TRACT IS NOT FILED BY OCTOBER 31 , 1978 ,THIS LETTER IS VOID_
This will certify that- I have examined the map of the proposed
subdivision entitled:
Tract 4576 (Orinda Area)
and have determined from the official tax records that there are no
unpaid County taxes heretofore levied on the property included in
the map. The 1577-78 tax lien has been paid in full. Our estimate
of the 15'73-79 tax lien, which became a lien on the first day of
March, 19L4 is $ 1o,7oo.o0 --
Subdivision
Subdivision bond must be presented to County Tax Collector for review
and approval of adequacy of security, prior to filing with the Clerk
of the Board of Supervisors.
EDWARD W. LEAL
Treasurer Tax Collector
`i)eputy
RECEIVED
AU G 1978
Microfilmed with board order J. r.. OL55ON
00122 CLERK BOARD OF SUPERVISORS
C NT C STA CO.
PulyB
The )r1:1(t.l.1,1111 'or • 'I �
-thf-s-.-bond i; `1214.00 per annum. . i - ••�-' r;, ,,;� f
KNOW ALL I E:1 by HEST: PRE'SE"IMS:
THAT .'r•,:}nt•n -avfnrs nn,] Tn714 A ncai-.Zt10A,• ••. � . •
nc Ft
and (fur^�;: Fiiictli_C and Depl o.iL:Carr o__IiAry a.z3. a corporation
organized arc?c� .t
'x :tint: u;.dc•r the a: cit
rs of the State ' _tlzrylaild r
and authorized to transact surety t-usine!j s in Californ i a
as surety arc held and firmly bound unto the Count; of Contra Costa,
State of California, in the penal suni of Ten `I'humsrtnrl :yevetl
Dollars ($3 . ,?�:t.�n , to be uaid to ;.he
paid County of Contra Costa, for the payment of i•.hich ::'eIl and truly to b.e
made, we and each of us bind ourselves, our heirs , executors , administrators
and successors, jointly and -severally, firmly by these presents.
Sealed writh our seals and dated this 19th day of
July , 19 78 •
The conditin.ns of the abo:,(! obligation is such that WfIL'REAS, tl!e
above bounded principal is about to file a map entitled
,,,ray-I )t r i
and covering a subdivision of a tract of land in said County of Contra
'Costa, and there are certain liens for taxes and special assessments
collected as taxes , against the said Tract of land covered by said map,
which t•a::es and ;special assessments collected as taxes, are riot yet due
or payable.
NOW, T?:EREFORE, 1f the said rralt idcyt:ern Gavinrs and Loan Association
shall vay all of the taxes and special assessments collected as taxes
which are a lien a ain:st -,aid .4Lract- of land covered by said map, at the
time of the filing of said map of snid Tract , then this obligaLL ion shall
be void and of no effect . 011ier .ise it shall remain in full 'force and
effect .
Ireat !--estern Savinr n and Loan 17O^ Broadway
trsocirtion, a cornoration 0-ahland, California
Principal Principal s Address
�. (415)--J311-25F5
i;. : �•'..�� / �•( 1�:: .'1`..L•-....`,r. .
1 J(yl(.I" it c f 70.E.1I/(Mj
FIDELITY AND DEPOSIT COMPANY OF'MARYLAND
Surety
4CKi•1G1li.22.DGE:�IE;dT
ZRiY• - -
(BY SURETY) L n e Attorney=in-Fact
State of California )
City and County of San Francisco )
County in which acknowledgement is taken
On July 19tH, 1978 , before me, Lee Moglia a Notary Public
In and for said County and State , personally appeared Erbon Delventhal _
known to me to be Attorney-in-Fact_
of the corporation that executed the wit"hin ins tru-
ment and also known to me to be the person who executed it on behalf of such
cornoration and acknowledged to me that such corporation executed the ::it;tin
Instrument pursuant to its by-laws or a resolution of its board of. directors.
}R OFFICIAL SEAL-
LEE
EAT
�'`. �_ ' '• LEE MUGLIA t
t�•.f =• ' '' ition to Sign�ltu:; Type o Fr:n,.
1`.01!',!;1• PUGLIC•C'%L!FORIIIA '. ,
:. %• COWITY OF SAN FRANCISCO , Name of Notary ;
r' My Commission E::pires May 31, 1980
RECEIVED _ NOTARY PUBLIC-
AUG
UBLIC-
ACJG I 1979 001"3
CLERK BOARD Os: SUPERVISORS
CONT A o• Microfilmed with board order
B
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORN.1A
In the Matter of )
Approval of the Parcel Map of ) RESOLUTION RTO. 78/761
Subdivision PSIS 168-773 )
Brentwood Area. )
The following document was presented for Board approval this
date :
The Parcel Map of Subdivision MS 168-77,. property located
in the Brentwood area, said map having been certified by the
proper officials;
NOW THEREFORE BE IT RESOLVED that said Parcel Map is APPROVED
and this Board does not accept or reject on behalf of the public
any of the streets, paths, or easements shown thereon as dedicated
to public use.
PASSED by the Board on August 1, 1978.
Originating Department : Public Works
• Land Development Division
cc: Public Works Director - LD
Director of Planning
Doris Bowser
733 2nd Street
Brentwood, CA 911513
0012=
RESOLUTION NO. 78/761
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of ) ' RESOLUTION NO. 78/762
Approval of the Parcel Map of )
Subdivision MS 133-77, )
Knightsen Area. )
The following document was presented for Board approval this
date:
The Parcel Map of Subdivision MS 133-77 property located
in the Knightsen area, said map having been certified by the
proper officials;
NOW THEREFORE BE IT RESOLVED that said Parcel Map is APPROVED
and this Board does not accept or reject on behalf of the public .
any of the streets, paths, or easements shown thereon as dedicated
to public use.
PASSED by the Board on August 1, 1978.
Originating Department: Public Works
Land Development Division
cc : Public Works Director - LD
Director of Planning
Aldo Mantell
P. 0. Box 67
Knightsen, CA 94548 '
RESOLUTION NO. 78/762 09125
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of )
Approval of the Parcel Map of ) RESOLUTION NO. 78/76 '
Subdivision MS 120-76, )
Xnightsen Area.. )
The following document was presented for Board approval this date:
The Parcel Map of Subdivision MS 120-76,. property located in the
Knightsen area, said map having been certified by the proper officials;
NOW THEREFORE BE IT RESOLVED that said Parcel Map is APPROVED
and this Board does not accept or reject on behalf of the public
any of the streets, paths, or easements shown thereon as dedicated
to public use.
PASSED by the Board on August 1, 1978.
Originating Department : Public Works
Land Development Division
cc : Public Works Director - LD
Director of Planning
Ray V. Darrah
P. 0. Box 319
Sierra City, CA 96125
0012
RESOLUTION NO. 78/763
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFOR_ZIA
In the Matter of )
Approval of the Parcel Map of ) RESOLUTION NO. 78/764
Subdivision MS 222-77, )
Brentwood Area. )
The following document was presented for Board approval this
date :
The Parcel Map of Subdivision MS 222-77 property located
in the Brentwood area, said map having been certified by the proper
officials;
NOW THEREFORE BE IT RESOLVED that said Parcel Map is APPROVED
and this Board does not accept or reject on behalf of the public
any of the streets, paths, or easements shown thereon as dedicated
to- public use.
PASSED by the Board on August 1, 1978.
Originating Department : Public Works
Land Development Division
cc: Public Works Director - LD
Director of Planning
Enrico E. Cinquini
P. 0. Box 823
Brentwood, CA 94513
RESOLUTION NO. 78/764 . 0012*7
r
IPJ THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of )
Approval of the Final Map of ) RESOLUTION? NiO. 78/765
Subdivision 4482, }
Bethel Island Area. )
The following documents were presented for Board approval this
date:
The Final Map of Subdivision 4482, property located in the
Bethel Island area, said map having been certified by the proper
officials;
Letter from the County Tax Collector stating that there are no
unpaid County taxes heretofore levied on the property included in
said map and that the 1977-78 tax lien has been paid in full and
the 1978-79 tax lien, which became a lien on the first day
of March, 1978, is estimated to be $2,500.00;
Security to guarantee the payment of taxes as required by
Title 9 of the County .Ordinance Code, as' follows :
a. Surety Bond No. 8SM 174 682 issued by American Motorists
Insurance Company with Delta_ Real Estate Corporation as principal,
in the amount of $2,500.00 guaranteeing the payment of the estimated
tax;
NOW THEREFORE BE IT RESOLVED that said Final Map is APPROVED
and this Board does not accept or reject on behalf of the public
any of the streets, paths, or easements shown thereon as dedicated
to public use.
PASSED by the Board on August 1, 1978.
Originating Department : Public Works
Land Development Division
cc : Public Works Department - LD
Director of Planning
Delta Real Estate Corporation
P. 0. Box 96
Bethel Island, CA 94511
vo128
RESOLUTION NO. 78/765
r
Tax Collector's Office Contra t un^ty `LealCoounty Treawre►-Taz Colketw
Costa - - Alfred Lomelir. O. Box 631 Assistant trtastaa-Tax CoMRxor
Court Street �npy
Martinez, California 94553
(415)372.4122
July 1L, 1973
IF THIS TRACT IS NOT FILED BY OCTOBER 31, 19 78 , THIS LETTER IS VOID
This will certify that I have examined the map of the proposed
subdivision entitled:
TiCriCT h!432 'rliliow nark Ilarim /2 (Condo) (L-akley Area)
and have determined from the official tax records that there are no
unpaid County taxes heretofore levied on the property included in
the map. The 19r'7-7'.I tax lien has been paid in full. Our estimate
of the 1^73-72 tax ien, which became a lien on the first day of
March, 19YJ is $ 2,500.00
Subdivision bond must be presented to County Tax Collector for review
and approval of adequacy of security, prior to filing with the Clerk
of the Board of Supervisors.
EDWARD- W. LEAL
Treasurer - Tax Collector
1• / I
.3enuty j
RECEIVED
f.0 G 1 1978
J. R. OLSSOPI
CLERK BOARD O: SUPERVISORS
• O T A.
Microfilmed with board order a�� --
��
• ' '"""' BOND NO. 8SM 174 682
$25
KNOW..-ALTs• c: .#1 'E.4Yogi!r.SL•' rRBSL•IM;' 3.
,
THAT Delta Real Fstate Corporation ad,r)rincipal .
THAT
AAI};RICAN MOTORISTS INSURANCE COMPANY , a corpo:•ution
•Irganir.ed and existinr; under the laws of the :tate of 111 inois
and authorized to transact". surety business in Gali fornl.a
►s surety are held and firrlly bound unto the County o: Contra Costa,
State of California, in the penal sum Of Two Thousand Five hundred and No/100
------------ -------------------- Dollars (; 2 ,500.00------ , to be prod to he
said County of Contra Costa, for the payment of' which :..,ell and truly to be
made, we and each of us bind ourselves, our heirs, executors, administrators
and successors , jointly and severally, firmly by these presents.
Sealed with our seals and dated this 13th day of .
July , 19 78
The conditions of the above obli.ration is such t:hnt; WHEREAS, the
above bounded principal is about to file a map entitled
Subdivision 4482
and covering a subdivision of a tract of land in said County of Contra
'Costa, and there are certain liens for taxes and special assessments
collected as taxes , against the said Tract of land• covered by said mals,
which taxes and special assessments collected as taxes, are not yet due
or payable. _
NOW,. T::EREPOPE, if the said Delta Real Estate Corporation
shall pay all of the taxes and special assessments collected as - taxes
which are a lien aEain:.t said -tract of land covered by said map, at the
time of the filing of said man of said Tract. , then this obligation shall
be void and of no effect . Otherwise it shall remain in full force and
effect .
DELTA REAL ESTATE CORPORATION, P. 0. Box 96, Bethel Island ,
a Ce1-1fornier•Corporation California 94511
Principal Principal's AUdress
j . (415) 684-2276
.14
William W. 'B'cyd President _V
N,
AMCRICAN MOTf)R1STS INSURANCE COMPANY
•
BY:-
Surety
Y:Surety An Iany nge .lco a,
Attorlldey-In-Fact
ACKNOWLEDGEMENT BY _
(B`: SURETY)
State of California ) -
County of San Francisco )
County in which acknoiledgement is taken
On July 13th, 1978 , before me., Carolyn P. KI-lebert a lotaI•y Public
in and for said county and State, personally appeared Anthony r. Angelicola
knoan to me to be Attorney-in-Pact
of the corporation that executed the within. instru-
ment and also known to me to be the person %:hu executed; it on behalf of zuch
cnrrnratinn and ne 1knnwlnrlred to me that suet) corporation executed? th-: %:tthin
instrument pursuant to its by-laws or a resolution of its board of. directors.
6nnruott:;t:rr•:;rs:••+^r••:rtro•rgrgttrun:n'T /� � , ••/ ¢
r :; -r;• 1111 U. •A•. ..•.'.1,CU r
1n Adciit:an �o Signa�ure .,pe o_ Print
~ - 1 • � :.e Name of Notary Carolyn P. Kliebert
:uttrar.t,rrrrre-' . .._.. .A... _...t:. .rt:rJ
LCLERK
CEIVED NOTARY PUBLIC
AUG / 19i$ � • 00130:J. R. o:SSOV %'% �: c �= ` �- t• with board order
BOARD OF SUPERVISORS i.•..'.;:, '' !;;.' 'I l ;;i} Mi�,rOrt�r�
CONTRA
AMERI`(AN M01•0121S[S 1NSURANCI: COMPANY
Hoina Office: Long Grove, IL 600.19 ' ulsdkance
comlunittsi
POWER OE ATTORNEY `
Know All Meri By These Presents:
That the► American '.toIoriE-N Insurance Company. a corporation oreanized and existing tinder the laws of tale
State of Illinois. and I1J.Int! Its Principal o."1i!-e in Lon; Grov-_ Illi.lois, does he-r+oy appoint •.• ...s•
I.I.nthony Angelicola and Carolyn iii f ebert both of Saii Francisco, California
EACH)ar•it•��•>Eat•��*at••>E�•at••I��-;��•x••�->f;�->E*->t•+r••���t••tc••>F•tt•-It••x•?�•�-x•'x•�f•,�it•�•if�•ar••I�->F->far•-rr�r•�->E•>E�•>t�•t�->F*at••>F*•t��E-ac•�••t�
its true and lawful agents) and attorney(s)•in-Fact, to rlake, execute, seal, and deliver during the period begin-
:ling with the date of issuance of this power and ending -December 31, 1979, unless sooner revoked for and '
on its nel,alf as surety, and as its act and deed: Any and all bonds and undertakings provided
the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOL- .
LARS
EXCEPTION: NO AUTHORITY is granted tel make. execute, seal arid deliver any bond or undertaking which
guarantees the payment or collection of any prornis:ery note, check, draft fir letter of credit.
This authority dries riot pernhit the sante () ligation to be split infn iso or more bonds in order to bring- each
such bond wiihin the dollar limit of authority as sut forth herein.
This aopoinimeni may be revoked at any time by the :American. Motorists Insurance Corrtl)any.
The e\ecution of such bonds and undvrfakin--s in pursuance of these presents %hall be a< binding upon the said
American Nicttorisis tn•.urance Company as lull% %Ind ampiv to .-Ill infettic ,Ind purposes, as if the same had been
duly executed and acknowledged by its regulart, 011'0ed officers at its l,rinril•.rl office in Long Grove, Illinois.
"THIS APPOINTMI.NT SHALL CEASE AND TEKMINAI E WI ff IOUT NOI ICE AS or DECEMBER .3 1, 1971.1.
This F)u\ver of Attorne', 's executed by authority :f ,r resolution adopted by file Board of Directors of said
American XIoloricts Insurance Company on .1-U, 15, 19319 •-it Chic-ago, Illinois, J truC' and accurate copy of
which is hereinafter sr.•t forlh and is hereby ce:rrlfiod to by file UMdOfSit,ne.'d Secretary or Assistant iecrelary r.,
being in full force and Olect:
Vol 1!`.II flit:Pr•+.1Lfeiif I:r ,111E %•t(.•: i•It!,1eleilt ref -1t_, rt'r.w. -if .Ill: A--1�t,1!lt '�.'t,r!'1.1:1 >Il.11t 11.11!% {111•:1•• ,Illli .Illtllr)rlfl Ir) altl-
I?olt1: .1Cef:l:. .hltll ,ltlnf:ll•\+ 111 1,11.: '1114 1:1 .IlllIl(.1i.t' th.-n1 1r) l.•V't Ll le• .11! ,1••l l,ri} .11 Tilt• t-' lnpa111 Xld JII.It 11 11111• st•.11 of the
1U111u.111% It1t:Ie:fr.1, h,II:UI .loll 1111;1t'11,1!%tn�+, rClr7�n1„1!ttt'-, x01111301 VI iildt-11111IN .Incl ,rII1/`r Nrlllllf'� „h111;,1Wrl Irl the nalure
fhereut, and aim >uc11 r)tIH'?r .It IFtt` •-rntll?alrll' 'nJ1' ,1{,{nn:ll .r:•rlt. It?- IV.t•{!l.lnl e It ,1f•?. �•..
This ilower of Attorney is signed. balled and cetttfied by facsimile under and by authorif% of the following
resuiution adc:p;ed by the Board of Directors of thu compariv aI a meeting duly called and held on the 22nd
day of May, 196.3:
Lh1EL' 1r,dt N+. a>;r,il.••t! tit rite` i�:e>Iltrl:t. ,111% •lit ".—.16 j.,:lt•t % •1 } I
' ••• _ Jr r .\•>•,Lr.,11 1•rtt•I,Try J:,at hilt SNJI Ill Ihc• Corn-
j)JI11. .1:'t: :itt.' .•1t1t.tdl1. I4 .111% Se- !,.{ t..• . •1.+..r,r•11 `•,•• •t•t.lft, 11•.1\ til• .1,11%t•Ll 11% Ij. .,•1.11t` . .t:l% :l.h%t'r I .l:Itll:let'
l•wculr::wjr o:Jr^.t 11) !1.,%1 In .3l,g,lV11 :1% 1!:!•1;••.,!,i O'lot l.4+ 1.•1 \x.I% t•• 1'111-' .Ina am -:ICI? I% %%1'1 ♦.% t'\I:.:lt't' W.1it'di
int: r.t•11011'0 l\ if. •e>I1L'l l L• 3111 11•11.11 1'I is ll:,'r till.at: !1, %\::Ir it It 1, .Illi(he'll .11.111 1 t•rl!:aur lel Its• %.11111 Jlltl ell ilfata: 11{1,1x1
the Curnpimi.
In Te;timonh - %V'hettoof. fell Anhene:an Motorists Insurance C omp,im has caused this instrument to be signed
and its corporate seal to be affixed by its authoriz:•d oltirel;, alis . 27th...day Ill _%September __.�-., 11?Z7.
Attested arid Certified: ANIERICAN MOTORISTS INSURANCE COMPANY
lam- �' ,�,C•L_ _ Fly, -t ..✓�� _ .
C. f� Sv,ln, ;w:rer.1n. If L. ke•l,nicott 1r, Vice I•rewdent _
STATE OF ILLINOIS I ss
COUNTY OF COOK I
I, Jean Petzold, a altar: Public, do. helreb1 cortih lh-it II. L. ktrnn!cntf• fr. arid C. G. Swan person.ilfy kritxt'n to
Rhe it) be the same piersons those name• are rt.•`pvcll\el%' ,1• %iii` Preside til )fill jecretar'y of fill` Aftlertr..111
Motorists Insurance Company, a Corporation of the, State of Illinois. subscribed to the fureouing instrument,
appeared before me this day in person and 5evtrrJ3II 'ILkII0 clMfgL—d that they heirn; thereunto) duly authorized
signed, sealed ..ith the curpclrMe seal and deliverCLI ;he said illsirurnenl as Itic fn and voluntary act Of said
corporation and as their o%-.-n free and voluntary act for the uses and purpo-ses therein/sett�f�o_r{th
XIV commission e',xpirei: April 29, 19:30 Ivan I'elzi.litl. `.utary I'ublll. '
CERTIFICATION
I, Sven L. Johanson. Secteaary t.1 flit: Atn1•tit are Mia.lti•.t•. ItNUrart c: C,Irrll,:lny, tfr, h.•rr•Fty r•f•rtify that the altached
Po%%e'r uf'Allltnoy fialed _. ..._ ?entember 27, 19177 .111 i,t•t1,Ili Ill tillttiony t►j1t;eliCula S-'?Sl._.. _.
Carolyn Kliebert both of San Francisco, California (r.At;Ei) IEx�:r-x atx 1t �t�tt
�atala atatata;.ar.af�.atatacar:Y *>Ea�at ac 3E �aE al axil xat>E.alit rax st aE• a true and corret.t rl►py and that
the same: has been in fuli force and effer_t _ince- the dale thl•reat and is in full force .inti •.ffedt on the dale: of
this certificate; and I do further eerIA that tf;t• :- lit! If. L. Kennirol1. Ir. aril? C. G. ti1\.m 1.%he •exhrulvJ the Po%%cr
of Attorney as Vice Preident and Jecretar% %.ere on 111,.' dile ut the :.':C:(:Lltll?n of the alladhed
Power of .attorney file duly elt�cted :ic .!rill !wcref.w.. of tho A.-v •riean In-utance C.onlllany '
11\I TESTIMONY ::'IIEREO , I have hereunto subscribed my mare -Ind aifijeo jhe orporale seal of the American
Motorists Insurance Company on.this da.' of_ JULI /l� 19_
r: • : �� ��: X131/
L Ittrl.env;n. `••r'r•.!ar:
This Power of Attorney limits the acts of those nJfnt'tJl therein to they !bonds and undertakings specifically named
therein, ;and they have no authority to bird iht! c.omoiny except in the mariner and to the extent herein stated.
Microfilmad with board order
a
,IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of Acceptance )
of Grant Deed Pacheco )
Boulevard , Martinez Area ) RESOLUTION NO . 78/766
}
Project No. 3951 _5340-663-77 )
IT IS BY THE BOARD RESOLVED that a Grant Deed , dated July 12,
1978 , from the Martinez Unified School District for the widening
of Pacheco Boulevard , is accepted .
PASSED by the Board on August 1 , 1978 -
x
O .
CL
L
L:1
a
o
d
tZ
O "
it
CERTIFIED Cnr
i reriify dint, ibis !� a lull. true &•;?rizCmScopy tficet
Originator: Public Works Department
the ortY`n'ti �'nrumn*,t wh-Ich is oto .
cnd that it Was 1'n"^`i F, :'dOT)W(1 by the oar, of
Road Design Division superrigors of Cowra r•• 'a Co:::,zp, California,oon
t+e rime sieo : TTEST: J. R. (?LcO:�, county
cc: Public 4lorks Director cie :es ot:Bio Clr.rL o:said Boa-d of SuPert'ieors.
Recorder (via P/W) .rev Clerk. ASS �g78
on
RESOLUTION NO. 78/7606 00132
IN THE BOARD Or SUPERVISORS
0v
CONTRA COSTA COliiIT?, STATE. OF CALIFORIIA
AS EX OFFICIO THE BOARD OF SUPERVISORS OF CONTRA COSTA
COUITTY WATER AG%?ICY
In the flatter of Legal )
Counsel for Contra Costa RESOLUTIO, �:0. 78/70-7
County ?later Agency )
The Board of Supervisors, as ex officio the Board
of Supervisors of the Contra Costa County Mater Agency RESOLVES
THAT:
Walter M.- Gleason and Cressey H. Nakagawa are
authorized to represent and speak for the Contra Costa County
Water Agency (CCC:JA) in any matters or proceedings involving
the proposed Peripheral Canal or salinity control or any other
pending:, matters or proceedings involving CCC•14, provided that
said legal counsel shall not be entitled to compensation or.
reimbursement of expenses in connection therewith; and provided
further that said services may be terminated at any tine.
PASSED by the Board on August 1, 1978.
cc : County Administrator
County Counsel
Walter M. Gleason, Esquire via Public Works
Director of Public ?forks
. r
RESO UT 1171 M. 7.3/767 oo133
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Re: Completion of Proceedings ) RESOLUTION NO. 78/769
for the Hutchinson Annexation ) (Gov.C. 35013, 35224.5,
to the City of Walnut Creek } 35239, 35350)
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Application for the subject annexation was filed with the Local
Agency Formation Commission of Contra Costa County by the City of
Walnut Creek, pursuant to Government Code §35150(f) , on March 27,
1978.
The• subject annexation was designated by the Local Agency
Formation Commission as the "Hutchinson Annexation to the City of
Walnut Creek". A description of the exterior boundaries of the
territory to be annexed is attached hereto as Exhibit "A" and by
this reference incorporated herein.
As determined by the Local Agency Formation Commission, the
territory proposed to- be annexed is legally inhabited.
The reason for the proposed annexation is that the area proposed
to be annexed is in need of, and has actually been receiving, the
benefits of urban services from the City of Walnut Creek.
This annexation was approved by the Local Agency Formation
Commission on May 3, 1978, subject to the condition that the terri-
tory proposed to be annexed be as described in Exhibit "A" attached
hereto. In approving this annexation, the Local Agency Formation
Commission made the findings required by Government Code Section
35150 (f) and adopted a Negative Declaration of Environmental Signi-
ficance. This Board certifies that it has reviewed and considered
the information contained in that Negative Declaration, and concurs
therewith.
At 2:00 p.m. on Tuesday, June 20, 1978 and at 9:30 a.m. on
August 1, 1978 in the Chambers of the Board of Supervisors of Contra
Costa County, 651 Pine Street, Martinez, California, and pursuant to
proper notice, this Board held a public hearing on the proposed
Annexation, hearing all statements made and receiving all documents
offered.
This Board believes this annexation is in the best interests
of the people of the affected City and is fair, just and equitable.
This Board therefore APPROVES and ORDERS this-annexation as con-
ditioned by the Local Agency Formation Conmiission.
The Clerk of this Board shall forthwith transmit a certified
copy of thiLS Resolution, along with a remittance to cover the fees
required by Section 54902. 5 of the Government Code, to the Executive
Officer of �.re Local Agency Formation Commission.
PASSED and ADOPTED by unanimous vote on August 1, 1978.
cc: L.4+FCO - Executive Officer
State Board of Equalization
County Assessor
Coun-v Recorder
County Auditor-Controller
Public Works Director
City Clerk, City of ';lalnut Creek
City 1XIanager, City of Walnut Creek
Elections 0013,
-
RESOLUTION NO. 78/768
LCCAL AGFITCY FORIATIUN COMUS3ION 100-79
Contra Costa County, California
Description
Date', 5P478
EXHIBIT "A"
Hutchinson Annexation to the City of Walnut Creek
Beginning at a point on the east line of Stevenson Annexation to
the City of Walnut Creek, Ordinance No. 707, at the northwest corner
of Vann Annexation to the City of Walnut Creek, Resolution No. 2646;.
thence Northerly along the eastern line of said Stevenson Annexation
to the southwest corner of Lamb Annexation to the City of Walnut Creek,
Ordinance No. 753; thence Easterly, Northerly and Listerly along the
boundary of said Lamb Annexation to the northwest corner of Elseth
Annexation to the City of Walnut Creek, Resolution No. 2845; thence.
Southerly, Easterly* and Northerly along the boundary of said --El.seth
Annexation to the boundary of said Lamb Annexation; thence Easterly
along the boundary line of said La.�nb Annexation to a point on the bound_
ary of Perma-Bilt Annexation to the City of Walnut Creek, Ordinance No.
850; thence Southeasterly, Easterly, Southerly, Westerly and Southerly
along the bou=ndary of said Pesnta_Bilt Annexation to the- northeast cor-
ner of Falerder'Annexation to the City of Walnut Creek, Ordinance No.
1110; thence Westerly along the northern line of said Falender Annex-
ation to the southeast corner of Graham Annexation to the. City of Walnut
Creek, Resolution No. 3070; thence northerly along the boundary of said
Graha-1 Arnexation to the southeast corner of Buhlman Annexation to the
City of Walnut Creek, Resolution No. 2953; thence Northerly and Westerly
along t-hq boundary of said Buhlman Annexation to a point on the boundary
of said; '.ann Annexation; thence Northerly and :-festerly'along the boundary
of'sald %a;,n Annexation to the point of beginning.
Cv:.f.sining 27.03 acres, more or less.
00131
114 THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of Construction )
of Public Improvements , ) RESOLUTION NO . 78/ 769
Assessment District No. 1978-3 , )
Martinez Area. ) (State Street E Highways Code 5876)
)
Project No. 3951 -5340-661 -77 )
RESOLUTION ORDERING IMPROVEMENTS
The Board of Supervisors of Contra Costa County RESOLVES THAT :
There has been filed with the Clerk of this Board a
petition , signed by the owners of a contiguous portion of unimproved
frontage on the north side of Pacheco Boulevard between Arthur Road
•and Gianinni Road , requesting the construction of curbs , street
paving, sidewalks , driveway entrances, and drainage facilities '
along the above-described frontage under the provisions of Chapter
27 of the Improvement Act of 1911 of the State of California.
The above-described improvements are hereby ordered to
be constructed in front of all properties in said block, under the
provisions of Chapter 27 of the Improvement Act of 1911 .
The Public Works Director is directed to give Notice
to Construct improvements to the owners or persons in possession of
real property in said block in the time, form, and manner required
by law.
That at 9 :30 a .m. on August 15, 1978 , in the Chambers of
the Board of Supervisors , County Administration Building , Martinez,
California , this Board will hear and pass upon objections or protests ,
if any, which may be raised by any property owner or other interested
persons.
PASSED AND ADOPTED on August 1 , 1978, by the Board .
Originator: Public Works Department
Road Design Division
cc: Public Works Director (2)
Auditor
Treasurer
County Administrator
County Counsel
0013
RESOLUTION NO . 78/769
11i THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALTFORNIA
In the -:fatter of )
Support for Increase in )
Federal Title XX Appropriation ) RESOLUTION NO.. 78/771
(Iiouse Resolution 12973 ) )
7HEREAS H.R. 12973 ( formerly H.R. 10833 ) viould amend
Title XX so as to increase the funding ceiling from i s present
level of 0-2. 7 billion _rationally to $2.9 billion in fiscal year
1979, to $3. 15 billion in fiscal year 1980, and to $3.45 billion
in fiscal year 1981; and
'MEREAS the usability of the present funding has been
severely eroded by inflation throughout the United States, with
the result that nearly all of the states gill have overe_perded
th,efIr state allocation of Title XX funds by the end of this -
fiscal year; and
►r'HEREAS H.R. 12973 has more than 130 co-sponsors in the
House and is strongly supported by the National dissociation of
Counties;
NOil, Ti1EREFORE, BE IT RESOLVED that the Contra Costa .County
Board of Supervisors endorses and supports the increase in federal
Title XX appropriations as contained in H.R. 12973; and
BE IT FURTHER RESOLVED that copies of this Resolution_ be
forwarded as evidence of support to the Congressional delegation.
PASSED _-"_ND ADOPTED by the Board on August ly 1978.
0riII: P-ti Director
cc: County ';eifare Director
Senator Cranston
Senator Haya'raar a
Congressman 111411.er
Conr,"Etisi,mn D?i�i.:a.�]
Coin rdminiztrator
cclultty Coirnse'_
RESOLUTION :0. 78771- 40131
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS GOVERNING BODY OF THE COUNTY,
AND OF ALL THE OTHER PUBLIC ENTITIES
OF WHICH IT IS THE GOVERNING BODY
IN THE MATTER OF )
Amending Resolution No. ) RESOLUTION NO. 78/ 772
78/638 and Declaring Board )
Policy on Cost of Living )
Increases. )
The Contra Costa County Board of Supervisors in all of its
capacities as the governing body of this County and of the Districts
and Public Agencies of which it is the governing body, RESOLVES THAT:
I
In order to conform the provisions of Resolution No. 78/638
more e-%actly to the language of Government Code 916280, part 4,
of that resolution is amended to read as follows :
4. This Board therefore declares that all cost of living
inc::eases for individuals beginning on or after July- 1, 1978,
granted in any contract, resolution or order of this Board, or
othe=rwise, are hereby rescinded; but if any cost of living salary
increase (s) in the 1978-79 fiscal year is/are provided for State
employees, this Board may reinstate such cost of living increases
as Government Code 16280 permits, not to exceed that originally
provided.
II
This Board resolves that it shall not provide cost of living
wage or salary increases for employees or cost of living increases
to any other individuals in the 1978-79 fiscal year whether by
contract or otherwise; but if any cost of living salary increase (s)
in the 1978-79 fiscal year is/are provided for State employees,
this Board may elect to provide such cost of living increases as
Government Code §16280 permits.
PASSED by the Board on 1'-_ugust 1, 1978 .
cc: Civil Service
Hu-nu--, Resources agency
County Administrator
County Council
RESOLUTIO:: _i0. 78/ 772
00138
r
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
Re: amending I:esolution #78/651 & 78/674) RESOLUTION NO. 78/73
to change certain position numbers )
The Contra Costa County Board of Supervisors in all of its capacities as the governing
body of this County and of the Districts and Agencies of which it is the governing
body, RESOLVES THAT:
1. Resolution No. 78/651, passed by the Board on July 5, 1978, and Resolution
No. 78/674, passed by the Board on July 11, 1978, are hereby amended as set forth below:
Department Attachment- Changes
Human Resources Agency L Change I Eligibility Work Supervisor I
position no. from 502-XHHA-47 to
position no. 502-XHHA-59•
L page 3 Change I Eligibility Worker I position
no. from 509-XHWA-08 to position no.
502-XMIA-08.
L page 5 Change 1 Iublic Health Nurse position
no. from 450-VVWA-35 to position no.
450-VVWA-36. Change I Senior Clerk
position no. from 540-Jt-ITA-02 to
position. no. 540-JWTA-07.
L page 6 Change I Supervising Public Health
Nurse position no. from 450-VVHA-113
to position no. 450-VVHA-05
Probation P Change one Deputy Prc!azion Officer III
position no. from 308-7ATA-71 to
position no. 310-7ATA-01. Change 1
Deputy Probation Officer II position
no. from 324-7AVA-19 to position no.
324-7AVA-04.
2. This resolution is an emergency action. California Constitution Article XIIIa
was adopted June 6, 1978, fiscally effective on July 1, 1978. The revenues of the County
and of all other agencies governed by this Board will be cut off or drastically reduced
after July 1, 1978 and there is not time to give notice, to meet with employee organi-
zations or others, or to properly arrange the affairs of the County or the other
agencies before taking this action.
3. The Employee Relations Officer shall give notice of this Resolution to all
recognized employee organizations.
4. To the extent that the subjects of this Resolution are within the scope of
representation under the Neyers-Milias-Brown Act (Government Code ff 3500 et seq.),
this Board offers to meet with any recognized employee organization upon request
concerning this Resolution.
PASSED AND ADOPTED by the Board on August 1, 1978
Originator: Civil Service Department
cc: County Administrator
County Auditor-Controller
County Counsel
Each effected Department Head
RESOLUTI0:1 F•10. 7E/ 773 9.039
IN THE BOARD OF SUPERVISO;ZS
OF
CONTRA COSTA COUNTY, STATE OF ,CALIFORNIA
Re: Abolishing Positions and )
Laying-Off Employees, in ) RESOLUTION NO. 78/ 774
the Interest of Economy )
Required by Const. Art. XIIIa)
The Contra Costa County Board of Supervisors in all of its capacities as the governing
body of this County and of the Districts and Agencies of which it is the governing
body, RESOL17ES THAT:
1. The Board has considered the financial impact of the reduction in funding
expected to result in July 1978 and thereafter from the passage of Proposition 13
(California Constitution, Article XIIIa) on June 6, 1978, and has considered the
staff retention plans submitted by the various County departments.
2. It is necessary in the interest of economy to ab.)lish the position
described below:
Department Classification Position No. Effective Date
Public Works Chief Gardener 075-GPHA-01 August 9, 1978
3. This resolution is an emergency action. Article XIIIa was adopted June 6, 1978
fiscally effective on July 1, 1978. The revenues of the County and of all other
agencies governed by this Board will be cut off or drastically reduced after July 1, 1978,
ar,d there is not time to give notice, to meet with employee organizations or others,
or to properly arrange the affairs of the County or the other agencies before taking
this action.
G. The Employee Relations Officer shall give notice of this Resolution to all
recognized employee organizations.
5. To the extent that the subjects of this Resolution are within the scope of
representation under the Meyers-Milias--Brown Act (Government Code §g 3500 et seq),
this Board offers to meet with any recognized employee organization upon request
concerning this Resolution.
PASSED AND ADOPTED by the Board on August 1, 1978.
Originator: Civil Service Department
cc: County Administrator
County Auditor-Controller
County Counsel
Public Works Department
RESOLUTION N0. 78/ 77k
00140
;r{
I'll THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of Completion � RESOLUTIOAd AIO.
of improvements and declaring
certain roads as ,:;
IN `i'HL BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of )
Completion of improvements and) RESOLUTION HO.
declaring; certain roads as )
County roadQ- , ) 78/776
Subdiv'Lsion 4556, )
Danville Area. )
The Public Works Director has notified this Board that (frith
the, exception of minor deficiencies, for which a $50.00 cash bond
(Doposit Permit Detail No. 04381, dated December 7, 1977) has been
deposited to insure correction of same, improvements have been
completed in Subdivision 4586, Danville area, as provided in the
agreement heretofore approved by this Board in conjunction with
the filing of the subdivision map;
NOW, THEREFORE, BE IT RESOLVED that the improvements in the
following subdivision have been completed for the purpose of
establishing a terminal period for filing of liens in case of action
under said Subdivision Agreement :
Subdivision Date of Agreement
4586 August 5, 1975
(Peter & Violet Ostrosky)
BE IT FURTHER RESOLVED that the $500 cash deposit as surety
(Auditor' s Deposit Permit Detail No. 127136 dated June 26, 1975)
be RETAINED for one year pursuant to the requirements of
Section 94-4 .406 of the Ordinance Code.
BE IT FURTHER RESOLVED that the hereinafter described roads,
as shown and dedicated for public use on the Final Map of
Subdivision 4586 filed August 7, 1975 in Boot: 179 of maps at page
33, Official Records of Contra Costa County, State of California,
are accepted and declared to be County Roads of Contra Costa County:
Ostrosky Drive 40/60 0.09
Ostrosky Drive 32/52 0.09
Ostrosky Place 32/52 0 .03
Oakraider Drive 36/56 0.02
PASSED by the Board on August 1, :1.978.
Originating Department : Public Works
Land Development Division
cc: Public Works Director - Maintenance
Recorder
Public Works Director - LD
Planning Direct-o
Peter 0stro--1_4
120 Garydale
Alamo, CA 001-42
RESOLUTION NO. 78/776
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY. CALIFORNIA
Re: Pursuant to Section 21101 (b) )
of the CVC, Declaring a Stop Inter- ) TRAFFIC RESOLUTION NO . 2460 - STP
section on EBANO DRIVE (Rd.#4657N) Date- Avg 1,1478
and ARBOLADO DRIVE (Rd.#4657M),
Walnut Creek Area.
(SupV. Dist. III Walnut Creek )
The Contra Costa County Board of Supervisors RESOLVES THAT:
On the basis of a traffic and engineering survey and recommenda-
tions thereon by the County Public Works Department 's Traffic
Engineering Division, and pursuant to County Ordinance Code
Sections 46-2 .002 - 46-2.012 , the following traffic regulation
is established (and other action taken as indicated) :
Pursuant to Section 21101(b) of the California Vehicle Code,
the intersection of EBANO DRIVE (Rd.#4657N) and ARBOLADO DRIVE
(Rd. 4657M), Walnut Creek, shall be declared to be a stop inter-
section and all vehicles traveling on ESANO DRIVE shall stop
before entering or crossing said intersection.
Adopted by the Board on AU G It j47.......
cc County Administrator
Sheriff
California Highway Patrol
T-14
0013
In the Board of Supervisors
of
Contra Costa County, State of California
AuRus t 1 ' 19J&
In the Matter of
Employee Organizations vs
Civil Service Commission
Mr, Warren L. Smith, 1100 Bailey Road, Pittsburg,
California, 94565 appeared before the Board this day and
expressed the opinion that there is a duplication of effort
by employee organizations and the Civil Service Commission,
resulting in a waste of tax monies, that one or the other
should be eliminated, and he suggested that County Counsel
be directed to study the matter.
Chairman R. I. Schroder advised Mr. Smith that
the Board would take the matter under advisement.
THIS IS A MATTER OR RECORD. NO ORDER WAS ADOPTED
BY THE BOARD.
Matter of Record
i hereby certify that the foregoing is a true and correct copy of anN*H* entered on the
minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
Supervisors
affixed this 1 s t day of---&u&us t , 19 7 8
J. R. OLSSON, Clerk
By eputy Clerk
Diana M. Herman
00144
H-24 4/77 15m
IN THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of )
Recruitment of New County ) August 1, 1978
Administrator. )
Supervisor E. H. Hasseltine having commented on the fact
that Arthur G. Will, County Administrator, is scheduled to leave
county employment later this year and having recommended that the
Board authorize negotiations with Korn-Ferry International, a
management consulting firm offering its executive search services
in recruitment of a new County Administrator; and
Supervisor W. N. Boggess having expressed concurrence, but
also having urged discussion and decision on the proposal that no
action be taken to replace the County Administrator, but rather
that existing staff in the office be utilized; and
Board members having discussed whether this matter should
be considered at this time or placed on a future agenda, and
Supervisor N. C. Fanden having moved that it be calendared for
August 8, 1978, and Supervisor J. P. Kenny having seconded same, ,
the motion failed by the following vote:
AYES: Supervisors N. C. Fanden, J. P. Kenny
NOES: Supervisors W. N. Boggess, E. H. Hasseltine,
R. I. Schroder
ABSENT: None
Thereupon, Supervisor Hasseltine having moved that the
County Administrator and County Counsel be authorized to negotiate
terms of an agreement with the afaresaid firm for recruitment of a
new County Administrator and that the Chairman be authorized to
execute said agreement, and Supervisor Boggess having seconded same
with the understanding that the alternative of utilizing existing
staff only would be continued under review;
The foregoing motion passed by the following vote:
AYES: Supervisors R. I. Schroder, :W. N. Boggess,
E. H. Hasseltine
NOES: Supervisors N. C. Fanden, J. P. Kenny
ABSENT: None
I hereby certify that the foregoing is a true and correct
copy of an order entered on the minutes of said Board of Supervisors
on the date aforesaid.
Witness my hand and the Seal of the
cc: County Administrator Board of Supervisors affixed this
County Counsel lst day of August, 1978.
Director of Personnel
J. R. OLSSON, CLERK
.. By
M. Vannucchi Deputy Clerk
0014
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
In the Matter of Hearing on )
Appeal of Janes G. Maguire and }
William Rich from Board of Appeals)
Denial of Application for )
M.S. 236-77, Port Costa Area, )
(Owner-William Hendrickson III, ) August 1, 1978
et ai.) }
)
The Board on July 11, 1978 having continued to this date the
hearing on the appeal of Mr. James G. Maguire -and William Rich
from the Board of Appeals denial of their application for Minor
Subdivision 236-77, Port Costa area; and
Mr. Harvey Bragdon, Assistant Director of Planning, having
advised that the proposal would divide 147 acres into four parcels
and that denial of the request was based on sewerage and water
problems and because the property could be further subdivided an
overall comprehensive plan (was desirable) for the entire area; and
Mr. Maguire having stated that the proposal is in conformance
with the existing A-2 zoning, that he intends to retain only one of
the parcels and sell the other three, and that no requests for water
or sewer hook-ups are being made at this time; and
Ms. Irene Weiss, representing the property owners, and Mr.
James A. Maguire, 100 Erskine Street, Pleasant Hill, California,
having appeared in support of the proposal; and
The following persons having appeared and made presentations
in opposition:
Mrs. Frances Van ivoord, 78 Canyon Lake Drive;
Mr. David Fichter, representing Port Costa Town Council;
Mr. Clayton Bailey, Carquinez Scenic Drive;
Mrs. Ella M. Amsbur_v, 118 Canyon Lake Drive;
Ms. Muriel Whitmore, 33 Canyon Lake Drive;
Mr. George Amsbury, 118 Canyon Lake Drive;
Mr. Eugene Freitas, 86 Canyon Lake Drive;
Airs. Betty Bailey, Carquinez Scenic Drive; and
Air. Maguire, in rebuttal, having suggested that the Board approve
the proposed minor subdivision and condition future development to
require submission of a master plan for all four parcels; and
Mr. John B. Clausen, County Counsel, having advised that such a
development restriction may not be legally enforceable; and
Supervisor W. N. Boggess having stated that he would like
clarification as to the ultimate development plan for the property; and
-1-
UU��C
Supervisor N. C. Fanden having stated that in her opinion a
development plan should be submitted for the entire parcel and that
she could not support the proposed minor subdivision because of the
existing water, drainage, and sewerage problems, and therefore having
moved that the appeal be denied; and
Supervisor R. I. Schroder having seconded the motion; and
Supervisors E. H. Hasseltine and J. P. Kenny having expressed
the opinion that division of the property into 4 lots would be
appropriate at this time; and
This Board having reviewed and considered all of the testi-mony
given and the written materials presented to, and on file with its
Clerk, HEREBY ORDERS that the decision of the Board of Appeals is
upheld and the- appeal of James G. Maguire and William Rich denied,
in part, based upon the following findingsand reasons:
1. That development of this parcel of property should be done
.after approval of a development plan indicating its ultimate
utilization and a major subdivision to determine its full impact on
the Town of Port Costa area. Until the foregoing is done, the
property should not be progressively segmented by a minor subdivision
parcel ::Zap or maps.
2. That the M.S. 236-77 site is not physically suitable for the
proposed density of development in that it can and should be planned
for higher density and its ultimate utilization.
3. That it cannot find that 2:.S. 236-77 will not have a
significant impact an the environment and that a Negative Declaration
has been prepared and processed in compliance with the California
Environmental Quality Act and the County's EIR Guidelines.
4. That it cannot make the findings required by Ordinance Code
X92-6.002 to authorize any exceptions to the Subdivision Ordinance.
The foregoing order was passed by the following vote:
AYES: Supervisors Nancy C. Fanden, Warren N. Boggess,
Robert I. Schroder
NOES: Supervisors James P. Kenny, Eric H. Hasseltine
ABSENT: None `
CERTIFIED COPY
I certify that this is a full, true &-correct copir of
the original document which Is on file in ray office,
and that It was passed & adopted by the Board of
Supervisors of contra Cnrita County. California, on
the dare shown. ATTEST: J. R. OLSSO. County
Cler'v&ex-officio Clerk of said Board of Super+isom
VJW:s by peputy.C-1prk.
AU G 1 1978
Ja C-11t, C_ on
-2-
cc: Mr. James G_ Maguire
AL-. W. Rich
Mr. W. Hendrickson III et al
Director of Planning
Public Works Director
Director of Building Inspection
00147
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF. CALIFORNIA
In the Matter of Animal )
Control Spay Clinic Fees. ) August 1, 1978
Supervisor E. H. Hasseltine , Chairman of the Board's
Finance Committee (Supervisor N. C. Fanden, member) , having this
day reported that in its continuing review of 1978-1979 depart-
mental budgets the Committee had discussed the fee schedule of
the Animal Control Spay Clinic and had requested staff to prepare
a revised schedule of fees for implementation at the earliest
possible date, the objective being to help the Spay Clinic become
substantially self-supporting; and
The Committee having presented for Board consideration
the following revised fee schedule for Animal Control Spay and
Neuter Clinic services :
Current Fee Proposed Fee
Surgeries :
Spays
Large dogs (50 lbs or more) $20 $35
Medium and small dogs -
(under 50 lbs) $20 $25
Cats $20 $20
Neutering
Dogs $10 $15
Cats $10 $10
Injections :
Rabies 0 $2
DHL (dog distemper, etc. ) 0 $4
FPL (cat distemper, etc. ) 0 $4
Missed appointment charge 0 $5
Ms. Barbara Poppin, representative of S�P.A.Y. , having
appeared and objected to the proposed spaying fee for large dogs ,
stating that any necessary increase should be limited to $25 ; and
Board members having discussed the matter, and having
determined that there would be an approximate operating loss of
$10 , 000 if the fee for large dogs is not raised;
IT IS BY THE BOARD ORDERED that said proposed fee
schedules for injections and*.appointment charges- are ADOPTED and
action on the fee schedule for surgeries is DEFERRED to August 8 ,
1978.
PASSED by the Board on August 1, 1978.
IHEREBY CERTIFY that the foregoing is a true and correct
copy of an order adopted by the Board of Supervisors on August 1, 1978.
cc: Board Committee Witness my hand and the Seal
S .P.A.Y. of the Board of Supervisors affixed
Agricultural Commissioner this 1st day of August , 1978.
Animal Control Division
County Auditor-Controller J. R. OLSSON, CLERK
County Administrator
By ///%J// � �/. O , DeDu_f Clerk
iiary/Crai g.,�`
00148
Th& Board of Supervisors Contra COuntY Clerk
n
County Clerk and
Ex Offiuo Clerk of the Board
County Administration Building Costa Mrs.GerakhrmRusaw
P.0f,3ox 911 Chief Clerk
Martinez,California 94553 County (415)322-2321
James P.Xanny-Richmond
1st District Y _I �/_� T r
Nancy C.Fanden-Martinez t. ! L C — `
2nd District Yv
Robert 1.Schroder-Lafayette
3rd District
Warren N.Boggess-Concord
4th District August 1, 1978
Eric H.HaseeMne-Pittsburg
51h District CLEC v0,. OG U?."-�V {u
6 ... r... olty
REPORT
OF THE
FINANCE COMMITTEE
ON
ANIMAL CONTROL SPAY CLINIC FEES
On July 31, 1978 the Finance Committee met with the Department.
of Agriculture to consider the proposed 1978-1979 budget for the
Department of Agriculture and the Animal Control Department. Among
the matters discussed at the meeting was a County Administrator's
policy item to convert the Spay Clinic half-time temporary veter-
inarian position to full-time permanent status. The objective of
the policy item is to enable the Spay Clinic to become substantially
self-supporting.
Toward this objective, this Committee will recommend the addition
of the seco:A full-time veterinarian as included in the aforesaid
policy item which will increase revenues by providing the capability
to perform more operations. However, even with the addition of a
second full-time veterinarian, it is estimated that there will be an
operating deficit of approximately $15,000 to $20,000 per year. In
an effort to eliminate that deficit, this Committee, the Department
of Agriculture, and the Office of the County Administrator discussed
the implementation of a new fee schedule which would include a charge
for rabies and distemper vaccinations as well as increased charges
for the spay and neuter surgeries. Accordingly, this Committee
requested the Department of Agriculture and the Office of County
Administrator to prepare a revised fee schedule for implementation
at the earliest possible date.
Presen-�ed below is a proposed fee schedule for Animal Control
Spay and Neuter Clinic services which shows the current charges for
said services and the proposed new charges.
00149
Microfilmed with board order
2
Current Fee Proposed Fee
Surgeries:
Spays
Large dogs (50 lbs or more) $20 $35
Medium & small dogs
(under 50 lbs) $20 $25
Cats $20 $20
Neutering
Dogs $10 $15
Cats $10 $10
Injections:
Rabies 0 $2
DHL (dog distemper,. etc.) 0 $4
FPL (cat distemper, etc.) 0 $4
Missed appointment charge 0 $5
The above proposed fee schedule does not include a change in
the dog license fees for spayed or neutered animals. The Committee
will continue to review licensing and other fee rates for possible
increases and will report to the Board on this at a later time.
The revenue produced from the current $3 license fee, when added to
the estimated revenue from the proposed fee schedule would result in
an operating deficit for the Spay Clinic of approximately $3,000. if
the license fee for spayed animals was increased to $5, the operating
deficit would be eliminated and, in fact, there could be a slight
surplus of approximately $1,500.
In addition to the fees for services provided, it was brought
out at the Finance Committee meeting that a number of people fail
to appear for the scheduled operations, thereby causing scheduling
and work flow problems for the Spay Clinic operation. In order to
help alleviate this situation, it was suggested .that the Spay Clinic
begin charging a $5 penalty fee for failure to appear if the individual
has not given a 24-hour notice that they would not keep their scheduled
appointment. The $5 penalty fee is included in the above schedule, but
was not taken into account in reducing the operating deficit to a break-
even point.
It is the recommendation of this Committee that the proposed fee
schedule be approved and that the new rates apply to appointments for
Spay Clinic services made after August 1, 1976.
C�1 .
ERIC H. HASSELTINE, I�rANCY C. HDEN,
SUPERVISOR DISTRICT V SUPERVIS DISTRICT II
00150
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 Iq 78
In the Matter of
Response of County Sheriff-
Coroner on 1977-78 Grand
Jury Report.
The Board having received a July 25, 1978 letter from the
County Sheriff-Coroner concurring with the evaluation of the
Detention System included in the 1977-1978 Grand Jury Report;
IT IS BY THE BOARD ORDERED that receipt of said communica-
tion is ACKNOWLEDGED;
IT IS FURTHER ORDERED that a copy of the aforesaid
communication be forwarded to the Presiding Judge of the Superior
Court who impaneled the 1977-1978 Grand Jury, and that a copy be
filed with the County Clerk, in accordance with provisions of
Penal Code Section 933(c) .
PASSED by the Board on August 1, 1978.
I hereby certify that tho foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors an the date aforesaid.
cc: Presiding Judge for 'witness my hand and the Seal of the Board of
Fiscal Year 1977-1978 Supervisors
c/o Jury Commissioner affixed this lst day of August 19 78
County Clerk
Count Counsel J. R. O_SSON, Clerk
County i
County Sheriff-Coroner
County Administrator By ,L/ �"� ''� , Deputy Clerk
M. Vannucchi
00151
H-24 4/77 15m
IN THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of Appointments )
to the Mental Health Advisory ) August 1, 1978
Board. )
This being the time for hearing on the report of the
Screening Committee with respect to recommendations for
appointment to the Contra Costa Mental Health Advisory Board;
and
FIs. Phyllis Webster, Chairperson of said Screening
Committee, having presented the committee 's report and
recommendations (copy attached and by reference incorporated,
herein) ; and
Ms.- Dorothy Miller, Vice-Chairperson of the Screening
Committee, having responded to questions by Board members with
respect to the eligibility of the Reverend Palmer Watson to
serve in the Public Interest/Consumer Category, and having
commented-on recent state legislation which may preclude persons
holding certain educator credentials from serving in the Consumer
Category; and
Supervisor W. N. Boggess having moved to appoint the
nominees as recommended by the Screening Committee for the
Public Interest and Professional Categories and defer the
Public Interest appointment to the Consumer Category; and
Supervisor Hasseltine in seconding the motion having
suggested that if a review of the new legislation indicates that
the 'Reverend Watson is not eligible to serve in the Consumer
Category that the Board then consider if it should appoint the
committee' s nominee or the Reverend Watson to the educator
position of the Professional Category; and
Supervisor Kenny having moved the motion be amended
to appoint the Reverend Watson, and the amendment having died
for lack of a second; and
Mr. C. L. Van Marter, Director of Human Resources Agency,
having suggested that the Board proceed with appointments to the
nurse and hospital administrator positions of the Professional
Category and review the Screening Committee' s recommendations
for the Public Interest/Consumer Category, and the educator
position in the Professional Category be referred to the Internal
Operations Committee (Supervisors W. N. Boggess and J. P. Kenny)
for review; and
Supervisors Boggess and Hasseltine having agreed to
amend the motion_ to incorporate the suggestions of Mr. Van Marter;
IT IS BY THE BOARD ORDERED that the following persons
are appointed to the categories and terms indicated:
1.
. �'�315►2
Public Interest Category:
Don Goldman 3 year term ending
1972 Meadow Road May 31, 1981
Walnut Creek, Ca. 94595
Lydia Ali Jones Unexpired term of
3015 Shane Drive Rudolph Rodriquez
Richmond, Ca. 94806 ending May 31, 1979
Professional Category:
Raygenia Richards (Nurse) 3 year term ending
8 Via Floreado May 31,' 1981
Orinda, Ca. 94563
Michael Wall (Hospital Adm. ) 3 year term ending
1875 Holland Drive May 31, 1981
Walnut Creek, Ca. 94596
IT IS FURTHER ORDERED that the Internal Operations
Committee (Supervisors Boggess and Kenny) review and submit
recommendations with respect to the nominations of the Screening
Committee—for the Public Interest/Consumer Category and the
educator position of the Professional Category.
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a true and
correct copy of an order entered on the minutes of said Board
of Supervisors on the date aforesaid.
Witness my hand and the Seal of
the Board of Supervisors affixed
this 1st day of August, 1978.
J. R. OLSSON, CLERK
By - .,..
M. Vannucchi, Deputy Clerk
cc: Mental Health Advisory Board
Screening Committee _
Director, Human Resources Agency .
Don Goldman
Lydia Ali Jones
Raygenia Richards
Michael Wall
Ccun�y Administrator
Public Information Officer
2.
o0153
Hu�Inla n Resources Agency
CONTRA COSTA- COUNTY
Data j,_,l y 28, 1975
n
TO BO:-2 �Or SUPERVISORS
From rlebster, Chairperson., Mental Health Advisory Board
Screening C0. 7ittee
Subj RE-PORT AND RECOMMEPlDATIONS
The Mental Health Advisory Board Screening Committee appointed by your
Board and charged with screening candidates and making recommendations
for appointment by you to the Mental Health Advisory Board has the
following members:
Martin Fink, Mental Health Advisory Board
Marie Goodman, Mental Health Advisory Board
Charles Boat=un, Contra Costa Mental Health Association
Juanita LaBeaux, Contra Costa Mental Health Association
Dorothy Miller, Public Member
Phyllis Webster, Public Member
The Committee chose Phyllis Webster as Chairperson and Dorothy Miller as
Vice-Chairperson. Warrington Stokes, Human Resources Agency, was assigned
by Mr. Van M!arter, Director of the Human Resources Agency, to provide
staff support to the Committee. Pat Filice, Executive Assistant to the
A ental Health Advisory Board, attended part of one meeting at the request
of the Chair in order to answer some technical questions. At his request,
V•-. Stokes was excused from attending the final meeting, at which the
Committee developed its recommendations. .
Beginning on June 1, 1978, the Committee met nine times for approximately
three hours, a total of twenty-seven hours.
A total of 57 applications were received. Nineteen applicants were dis-
qualified because the professional category which they would have repre-
sented was already represented by a current member of the Mental Health
Adlisory Board. Letters were sent to all remaining applicants requesting
them to respond if interested in being considered and to appear for a
scheduled interview. An effort was made to follow up by telephone all
who did not respond. Interviews were scheduled at fifteen-minute inter-
vals for the mornings of June 15, 22, 26, July 6 and 13. . The Committee
established July 13 as the final date for interviews, and applicants who
could not make themselves available for interview by that date were
eZ mira`ed. A total of twenty-nine interviews were scheduled. Because
some a?plicants who had beer scheduled for interview did not appear, a
total or 4w^.?nty-four applicants were interviewed.
i^e vacant Positions on the Mental Health Advisory Board for which the
Cc=,?ittee :.zs to make recomri ndatiorss were in the following classifications:
00151
NEIITAL HEALTH ADVISORY BOARD SCREENING COMMITTEE
REPORT AND P,E CO:LYENDATIONS
July 28, 1978
P a--e 2
3 Public Interest, of which
1 was Consumer
3 Professional, of which
1 was Nursing
I was Education
1 was Hospital or Mental Health Facility Administration.
The Committee adopted the following procedural rules for the conduct of
its business:
1. Whenever-'Possible, decisions would be reached by consensus.
When consensus could not be reached, the majority would prevail.
2. All meetings would be open except when interviewing ar discus-
sing individual applicants. The staff of the Human Resources
Agency would serve -as a resource for the Committee, would be
present at all meetings, but would take no part in the inter-
views or discussion of applicants.
3. Persons attending the Committee's meetings who wished to
add—rass the Co."mittee should first obtain the recognition of
=Le Chair.
The Committee also developed and adopted a rating sheet (copy attached),
-which enabled each maraber of the Con=u ttea to assign a numerical score
for the selected iters to each individual candidate. These scores were
then averaged by staff to provide the Committee with composite scores,
which were used by the Co.amu ttee as a basis for selection of a list of
finalists. The final selection was made by majority vote of the Com-
mittee.
The Cor.Tittee recor=ends as follows:
Public Interest Catevoru (2 to be appointed1
DON GOLDM N 935-4165 (h)
1972 Meadow Road 422-8769 (w)
Walnut Creek 94595
LYDIA ALI JO`+ES 222-3057 (h)
3015 Shane Drive 273-3589 (w)
R'icn.^ond 94806
00155
RENTAL HEALTH ADVISORY BOARD SCREEN117G C0.'Ii1XT1 E
?'EPCRT A; D 2ECO:V,1EtV1a4"_TOYS
July 28, 1978
Page 3
Public Interest / Consumer Category (1 to be appointed)
The Committee reco=,ends the following persons without any--indication
of preference
KATHERINE JUNE SCOTT 837-6624
2100 Blackhawk Road
Danville 94526
THE REVEREND PALl4ER WATSON 234-0389 (h)
2301 Rumrill Boulevard 235-2916 (w)
San Pablo 94806
The Reverend Palmer Watson should submit a statement clarifying that
he can qualify as a consumer and does not hold a credential or employ-
rarent as an educator that would disqualify him as a consumer.
Professional Category (3 to be appointed)
ANTHONY T. GORDON 529-1885 (h)
702 Courtland Avenue 235-7800, x242 (w)
Rich_ mond 94805 (Educator)
RAYGENIA RICS:�RDS 254-2805 (h)
8 Via Floreado 577-1710 (w)
Orinda 94563 (Nurse)
MICHAEL WALL 682-8200, x7009 (w)
1875 Holland Drive
Walnut Creek 94596 (Hospital Administrator)
This Committee recoszrends that a definitive process be developed for ap-
pointments to all County boards and commissions, using a screening com-
mittee which consists of members of the affected board as well as members
of the community.
This Co,^zittee has further recommendations to make in this matter which
it will submit to you at a later date.
Prl:ask
Attac;w?e-.t
cc: Gerald_ne Russell, Chief Clerk of the Board
Claude L. Van Paz-ter, Director, HRA
Merr+.bers, MF.AB Screening C6=1tte`
0015
!f't!'s�fiL HEALVI AD'IISOPY BOARD .5CR:-. '*,rr G CCJ::'es`IT1 L
III►1IVIDUAL R`IT G SHELL
I_ Eacz rater cry complete a rating sheet for each app7ica_r t:-'
2_ Each rate- -is to give a nu rica2 score fxoia 0 to 100 on eaca of the s1
factors. A._ZI factors must be rated.
3_ Scores of all rang shsats will -be averaged_
c_ Quast*ors mrc to aap2 cants shor ld be related to the work of tae N__-at3?
Feaxtn Advisory -Paard. -
S- Before .i._^teviews begin, Screening will be briefed on the ro?e,
activities and special needs, policies, rulings, and what: isr is=d by
law of the Hemtal Health Advisory Board,
Rating Scale
z
01 . 20 40 60 80 100•
---
A_ 1_ = ilab_lity. P.egL►ires rdrdmua of 20
r-s Der mons, ti;,-.a of day
2- Dedication and interest. What priority
word be given to :ler_tal Health rM7. sary
Board?
3_ S ='.l 1,=. w2adce of c1ti3dren & YOUth,
t e `d8r Tg, epicrg pies, ecc.
G_ - '2 0�
=ems? L-Ca th.activities
and
+ - �- .:LJ.::._�. ��f• �. oN:Y�.Ti 4- 1_4..._
• Se7r_ _ _
D. S:,ecial Coos__-7!_ation: D02-T irr3ivt al 2cpxeser.�r
Elder?� -
F.ardica_�= -
''---• Cnildre:/a�oxesc�sts - 15.7 - -
other _
C_ Wri herr
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of Hearing on Appeal )
of Mr. James G. Maguire from Board )
of Appeals Denial of Application ) August 1, 1978
for Minor Subdivision 149-77, )
Port Costa Area. )
William Rich & J. G. Maguire, Owners. )
The Board on July 11, 1978 having continued to this date
the. hearing on the appeal of Mr. James G. Maguire from the Board of
Appeals denial of application for Minor Subdivision 149-77,
Port Costa area; and
Mr. Harvey Bragdon, Assistant Director of Planning, having
advised that the proposal would divide . 688 acres into four parcels
having a single access and that denial of the request was based on
sewerage and drainage problems in the area; and
Mr. Maguire having stated that his request for a four-lot
subdivision conforms with the County "Merger" Ordinance which
provides for consolidation of substandard lots, that an adequate
drainage plan for the proposal has been accepted by the Public Works
Department, and that Port Costa's sanitary sewer system is capable
of handling additional residential hook-ups; and
Mr. David Fichter, representing the Port Costa Town
Council, having stated that existing drainage and flooding problems
would be aggravated if additional units are built, having expressed
concern with respect to the Sanitary District's annexation of the
subject property, and having urged that construction not be per-
mitted until the water, sewerage, and drainage problems have been
resolved; and
Air. William Gray, Land Development, Public Works
Department, having advised that the four lots can presently be
developed without restrictions but that if the Board approves the
proposed minor subdivision, conditions can be attached to help
alleviate the drainage problems; and
The following persons having appeared in opposition to
the proposal:
Air. Eugene R. Freitas, 86 Canyon Lake Drive, supported
two building lots only;
Ms. Ella AI. Amsbury, 118 Canyon Lake Drive;
Mrs. Betty Bailey, Carquinez Scenic Drive;
Mr. Clayton Bailey, Carquinez Scenic Drive;
Ms. Dana Wagner, Canyon Lake Drive; and
Mr. Fichter having stated that he wished to withdraw his
protest of the proposal if the decision of the Board would permit
four unrestricted lots ; and
Supervisor N. C. Fanden having stated that she could not
support the proposed development until the existing drainage,
sewerage, and water problems have been resolved, and therefore
having moved that the appeal be denied; and
Supervisor R. I. Schroder having seconded the motion; and
Supervisor W. N. Boggess having stated that inasmuch as
four homes can be built on the property without Board action,
denying the appeal would not resolve the problem and that approving
the application for Minor Subdivision 149-77 would allow conditions
to be attached to the development of the property, therefore he
could not support the motion, and the vote was as follows :
AYES: Supervisors N. C. Fanden, R. I. Schroder.;
NOES: Supervisors J. P. Kenny, W. N. Boggess,
E. H. Hasseltine.
ABSENT: None.
The motion failed to carry.
Thereupon, Supervisor E. H. Hasseltine moved that the
appeal be granted and Minor Subdivision 149-77 be approved for four
lots subject to the conditions recommended by the Planning Department
staff (Exhibit "A" attached hereto and by reference made a part
hereof) ; and
Supervisor' J. P. Kenny seconded the motion and the same
was passed by the following vote of the Board:
AYES: Supervisors J. P. Kenny, W. N. Boggess,
E. H. Hasseltine, R. I. Schroder.
NOES : Supervisor N. C. Fanden.
ABSENT: None.
I HEREBY CERTIFY that the foregoing is a true and correct
copy of an order entered on the minutes of said Board of Supervisors
on the date aforesaid.
Witness my hand and the Seal
of the Board of Supervisors affixed
this 1st day of August, 1978.
J. R. OLSSON, CLERK
By tcL %U��
Vera Ne son
Deputy Clerk
CC: Mr. James G. Maguire
Mr. William Rich
Direcr-or of Planning
Pub!--; c works Department
Director of Building Inspection
Uo-59
Conditions for Approval of Minor Subdivision 149-77
1 . This request is approved for four (4) parecis.
The following conditions require compliance
prior to filing the Parcel Map unless otherwise indicated.
2. Comply with the requirements of the Contra Costa County Public Works
Department, as follows:
A. Storm water flcc,s from the developed portion of the subject property shall
continue to be discharged into the natural watercourse along the subject -
property frontage. •
B. Improve the existing natural watercourse along, the subject frontage to
adequately retain or store the additional runoff contributed by the
development so that the existing inadequate downstream conditions will
not be worsened.
C. Submit hydrology and hydraulic calculations, to verify the work to be
done on the natural watercourse, prior to the filing of the Parcel Map.
D. Submit improvement plans for all drainage work to the Public Works Department,
Land Development Division for review; execute a Subdivision Agreement with .
Contra Costa County to guarantee the construction of the :L-provements; post
the bond required by the Agreement and pay an inspection fee.
E. Install!all utility distribution services underground.
F. File a Parcel i•Iap on the entire parcel prior to the sale or developmAnt of
any parcel. The parcel map must be filed with the County Public :aortic .
Department and recorded wd thin one year from the date of the approval of
this minor subdiizsion or this permit to subdirlde gill expire. Upon
approval of the Director of Planning, a one year extension may be granted
to record the Parcel Map.
G. An encroachment permit shall be obtained from the Public :-forks Department,
Land D.velop.ment Division, for the driveday connection within the right of
way of Canyon Lake Drive.
3. The applicant shall pay •$1,200.00 for Park Dedication Fee.
4. Comply with the requirements of the Crockett-Carquinez Fire District.
5. Comply '::ith the requirements of the County Building Inspection Department.
6. The apoiicant shall submit a site development plan to include grading plans
for and locations of proposed houses, parking areas and driveways for both
parcels. Development shall be as per plans submitted and. shall be verified
prior to the issuance of grading or building permits.
7. The auplicant shall submit a preliminary soils report for review and approval
of the Planning Department. Any recommendations of this report may become
conditions of approval .
8. Plans for the bridge shall be reviewed and approved by the Zoning Administrator,
including any proposed removal of trees. Said bridge shall be 20 feet wide
with 16 feet of paved surface.
00160
Conditions of Approval - M.S. 149-77 Page. 2
9. If archaeologic materials are uncovered during grading, trenching or
other on-site excavation, earthwork within' 30 meters of these materials
shall be stopped until a professional archaeologist who is certified by
the Society for California Archaeology (SCA) and/or the Society of.
Professional Archaeology (SOPA) has had an opportunity to evaluate .
the significance of the find and suggest appropriate mitigation measures,
if they are deemed necessary.
10. Comply with the requirements of the Sanitary District.
09161
i
In the Board of Supervisors
of
Contra Costa County, State of California
Ate M lid j l . 19 7.EL
In the platter of
Adjournment in Memory of
Mr. Cecil W. Borton.
At the request of Supervisor E. H. Hasseltine , IT IS BY
THE BOARD ORDERED that its official meeting of August 1, 1978 is
ADJOURNED in memory of Mr. Cecil W. Borton, well-known civic and
community leader in the San Ramon Valley area.
IT IS FURTHER ORDERED that the Chairman is AUTHORIZED
to sign a Certificate of Adjournment.
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said 3ocrd of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Hoard of
cc: County Administrator Supervisors
Public Information Officeroffiixed this lst day of August 1978
/) J. R. OLSSON, Clerk
By 1�I G, Deputy Clerk
.ary y'
0[la 62
H-24 4/77 15m
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 , 1978
In the Matter of
Addendum to Application for
Change in Property Tax
Assessment.
The Board having received a July 26 , 1978 memorandum
from the Contra Costa County Assessment Appeals Board transmitting
a proposed addendum to the application for change in property tax
assessment and requesting adoption of same as an amendment to Local
Rule G;
IT IS BY THE BOARD ORDERED that the aforesaid request is
APPROVED.
PASSED by the Board on August 1 , 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
cc: Assessment Appeals Board Supervisors
County Assessor affixed this 1st day of August 111978
County Counsel
County Administrator
J. R. OLSSOiU, Clerk
By Deputy Cleric
mag rai
00163-
H-24 4/77 15m
In the Board of Superyisors
r
or
Contra Costa County, State of California
August 1 , 19 78
In the Matter of
Resignation from Contra Costa
County Drug Abuse Board
Supervisor Eric Hasseltine having advised that
Mr. David Lewis has resigned from the Contra Costa County
Drug Abuse Board (representing Supervisorial District V) ;
IT IS BY THE BOARD ORDERED that the resignation
of r4r. Lewis is ACCEPTED.
PASSED by the Board on August 1, 1978.
I hereby c=_rify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors an the date aforesaid.
Witness my hand and the Sea{ of the Board of
Supervisors
cc : Contra Costa County Drug ofiixed this is t day of Mu Ust 19 78
Abuse Board
Director, Human Resources
Agency J. R. OLSSOM, Clark
County Administrator By Deputy Clerk
Public Infornation Officer Farin Fula ;
00164
H-24 4/77 15m
In - the Board of Supervisors
of
Contra Costa County, State of California
August 1. , 19 7A
In the Matter of
Appeal or i, r. Robert I•?etz from
Orinda t-rea Planning Commission
Conditional ilpproval of 0.
_p5lication for a. inor
Subdivision 4-78, Orinda Area
The Board on July 18, 1978 having fixed August 8, 1978
as the time for hearing on the appeal of Mr. Robert E. l;,etz from
Crinda Area Planning Commission conditional approval of
o nplicatior- for i<_inor Subdivision 4-78, Orinda area; and
Supervisor R. I. Schroder having recommended that the
hearing be rescheduled to August 29, 19781 and
Good cause appearing therefor, this Board HEREBY GIVES
NOTICE that on August 8, 1978 it intends to continue the hearing
on the aforesaid appeal to August 29, 1978 at 9:30 a.m. and the
Clerk is DIR."CTED to give notice of same by Mailing a copy of
this order to all interested persons.
PASSED by the Board on August 1, 1978.
1 hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
c c: i r. ?. E. e t z Witness my hand and the Seal of the Board of
-, r. r. Donovan Supervisors
Director of Planning affixed this I st day of avrruGt I9=
The Orinda _ssocintion
;:r. D. H. geese
L J. R. OLSSOM, Cleric
B
IN L l4f ( f?�,(, Deputy Clerk
icia Sell
0016
H-24 4/77 15m
tl
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 11978
.
In the Matter of
Request to Initiate General
Plan Review of the
Port Costa Area.
In connection with planning -matters considered by the
Board this day, Supervisor N. C. Fanden having noted that the
General Plan for the Port Costa area has.not been reviewed since
1963, _and having recommended that the County Planning Commission
be requested to initiate a General Plan review for said area;
IT IS BY THE BOARD ORDERED that the recommendation of
Supervisor Fanden is APPROVED.
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a from and correct copy of an order «Honed on the
minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and Ow Sed of the Board of
Supervisors
cc: Planning Commission affixed this 1st day of August 19 78
Director of Planning
County Counsel
J. R. OLSSON, Clark
Vera Nelson
091st
H—24 4/77 15m
••----- Iw1e�Hc� r.
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 19 78
In the Matter of
Authorizing Legal Defense .
IT IS BY THE BOARD ORDERED that the County provide legal
defense for William D. Preston, M.D. , Staff Physician, Retired,
Contra Costa County Medical Services, in connection with Superior
Court Action No. 181717 (Woodbury v. Preston) reserving all rights
of the County in accordance with provisions of California Government
Code Sections 825 and 995.
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
cc• William D. Preston, M.D. Witness my hand and the Seal of the Board of
• Director, Human Resources Supervisors
Agency affixed this lst day of August 19 78
Countly Medical Director
County Counsel
County Administrator._ `� J. R. OLSSON, Clerk
By //(• Deputy Clerk
M. Vannucchi
00167
H-24 4/77 15m
In the Board of Supervisors
of
Contra Costa County, State of California
AS EX OFFICIO THE G04RI.M'G BOARD OF
CONTRA COSTA COUNTY SANITATION DISTRICT NO.,
August1
In the Matter of
Establishing Annual Sewerage Service
Charges for Fiscal Year 1978-1979
IT IS BY THE BOARD ORMW that the Annual Sewerage Service Charges for
Fiscal Year 1978-1979 are ESTABLISHED as follows:
A. Unit Charge - $122;
B. other than single-family dwelling units - on the basis of burden on
treatment facilities and in accordance with District Ordinances, as
determined by the Engineer ex officio of the District;
C. Churches, elementary schools and the firehouse - No charge; and
IT IS FUFMR ORDERED that the Engineer ex officio is DIRECTED to
prepare a list of Annual Sewerage Service Charges for each connection within the
District in accordance with said unit charge; and
IT IS RWHER2 ORCE.ED that the County Auditor-Controller is DIM=
to place said charges on the proper tax bills; and
IT IS F RTHM ORDERED that the Accounting Division of the Public Works
Department bill the users located on Southern Pacific Transportation Company
property.
PASSED by the Board. on August 1, 1978.
1 hereby certify that the foregoing is a true and correef copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
ORIGI=R: Public works Department Supervisors
Enx.-i onmental Control affixed this 1st day of August 1978
cc: Public 1-brks Direc..or
EnvironMental Control ! J. R. OLSSON, Clerk
Accounting Division ;�7, /;/
County Auditor-Controller By L c2���� �-fN Deputy Clerk
County z4ministrator M. VVANNUCCH1
0016.8
H-24 4/77 15m
In the Board of Supervisors
of
Contra Costa County, State of California
AS EX OFFICIO THE GOVFMEIIG BOARD OF
CO'-N'TRA COSTA COUZ= SANITATION DISTRICT NO. 19
August 1 , 19 78
In the Matter of
Establishing Annual Water and Sewerage
Service Charges for Fiscal Year 1978-
1979
- IT IS BY UE BOARD ORDERED that for each lot shown on subdivisions of
record within the District on file in the Contra Costa County Recorder's Office,
and for other commercial activities within the District, using District water
and sewerage facilities, the Annual Water and Sewerage Service Charges for
Fiscal,Year 1978-1979 are as follows:
A. Unit Charge - $150;
B. Other than single-family dwelling units - on ttie basis of burden on
water and sewage treatment facilities as determined by the Engineer
ex officio of the District; and
IT IS FURTHER ORDERED that the Engineer ex officio is AUTHORIZED to
prepare a list of Annual Water and Sewerage Service Charges for each lot shown
on subdivisions of record within the District, and for other commercial activities
within the District using District water and sewerage facilities.
IT IS FUMR ORDERED that the County Auditor-Controller is ALMDRIZED
to place said charges on the proper tax bills.
IT IS F<fRP M O=W that:
A. The above charges shall be prorated, using "period of time of
connection" to District facilities; and
B. The Account ng Division of the Public Works Department shall bill
the owners direct using the above charges for all units connecting
to District facilities during Fiscal Year 1978-1979.
PASSED by the Board on August 1, 1978
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors an the date aforesaid.
Witness my hand and the Seal of the Board of
ORIGINATOR: Public Works Department Supervisors
Environmental Control affixed this 1st day of August 19 78
cc: Public 1vbrks Director
Environmental Control J. R. OLSSON, Clerk
Accounting DivisionBY- Deputy Clerk
County Auditor-controllerA VANNUCCHI
County Administrator :t 1 ! f71
H-24 4/77 15m 00169
LN THE BOARD OF SUPERVISORS
OF
COVRA 0097A COtz�q1'Y, STAT£ OF CALIEU11-NIA
AS EX OFFICIO THE GOVE_rt .`1G BOARD OF
CONS COSTA COIF1'.PY SAVITA`i`ION DISTRICT NO. 15
August 1, 1978
In the Matter of )
Establishing Annual Water Service )
and Se-,erage Service Charges for )
Fiscal Year 1978-1979 )
IT IS BY THE BOARD ORDERED that:
A. For each lot in the followir_g developments, the Annual Water and
Sewerage Service Charges for Fiscal Year 1978-1979 are ES'LU3USHED
as follows:
Zone 1 - Subdivision 3870
Annual Water Service Charge - $185
Zane 2 - Subdivision 4314 `
Annual Water and Sewerage Service Charge - $234
Zone 3 - Land Use Peaut 258-71
Annual Water and Sewerage Service Charge— $239
Zone 4 - For all parcels of land other than above subdivisions
and land use permits within the District boundaries
receiving sews-rage service - Unit Charge - $72.
B. Other than single-family dwelling units, charges shall be established
on the basis of burden on water and sewage treatment facilities as
determined by the Engineer ex officio of the District;
C. The Public works Director, as Engineer ex officio, shall prepare a
list of Annual Water and Sewerage Service Charges for each lot in
each developsent as indicated above;
D. The County Auditor-Controller is requested to place said charges on
the proper tax bills for each lot in Subdivision 3870 and Subdivision
4314, and shall levy the tax rate on all parcels within the District
boundaries;
IT IS FUMMM ORDERED that:
E. Me aforesaid charges for Zone 3 and Zone 4 shall be prorated, using
"period of time of connection" to District fzcilities; and
F. The Accounting Division of the Public Works Department shall bill the
owners, using prorated charges for all units connecting to the District
facilities during Fiscal Year 1978-1979.
PASSED by the Board on August 1, 1978.
I hezehy certify that the foregoing is a true aro correct copy of an order
entered on the minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the Seal
ORICTCATOR: Public Forks Departirr_.nt of the Board of Supervisors affixed
Enviromaental Control this 1st day of August, 1978.
cc: Public Vbrks Director J. R. OLSSO-N, Cleric
Envy—orzaental Control
Accol:rlting Divisian j f
. aunty „a•t�.or-Controller By � �/�G���,�,r.�- , Deputy
Couznty `ctrrnistrator Vt. VAN N UCC141
00170
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 1978
In the Matter of
Phase I Report of Communications
Consolidation Study Team.
The Board having received a report from the Public
Works Director in response to recommendations of the Emergency'
Medical Care Committee with respect to its review of the Phase I
Report of the Communications Consolidation Study Team; and
IT IS BY THE BOARD ORDERED that receipt of the Public Works
Director's report (a copy of which is attached hereto and by
reference incorporated herein) is ACKNOULEDGED and the Clerk is
directed to transmit a copy of same to the Emergency Medical Care
Committee.
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
cc• Charles Phillips, M.D. Witness my hand and the Seal of the Board of
• Public Works Director Supervisor
County Administrator affixed this 1st day of August 1978
Public Information Officer
Sheriff—Coroner
J. R. OLSSON, Clerk
gy `/7_ , Deputy Clerk
M. Vannucchi
H-24 4/77 15m 00171
RGEI CY ?•EDICAL CARE CON-MITTE " PZ`o_�N-t7A^.,oyS
On July 5, 1978 , the *Board of Supervisors re:-.erred'• z letter _ro=d the
Emergency Medical Care Comm=.ttee of Contra Costa County to the Public
Works Di rector. The letter contained three reco==mmendations based on
the cosa=- i.`tee`s review of the Phase I report of the Co=,-.zni_cations
Consolidation Study Tean.
. The followi,-ig is the response of the Cor=Lnicztiozs Consol idati on
Study Tea.► to those redo=en dations:
respect to a sincrie telephone ni tee_ for
171 oT the ali.ern.?T..ive publ-ic safety dispatchi ig plans set forth by
tine C07—Im==i cations Consolidation Study will have 911. This will
arovice citizens entry into the V S syste:&. on a no-toll basis 'holm
he enti_a County. The 911 arog..-am is progressing on schedule and th
.aminal =Lin for the County and its age—"cies wa
July 3, 1973. S filed witwiththe State
With respect to E14S L7i spztci±ing, ecrupmenit and costs_
All alternative dispatching systems include provision for EMIS
dispatching. However, in that neither the County nor any of its
agencies have entered into EYjS to the extent. that sophisticated '
co�Il:mun4 cations such as use of the "medcon" channels will be used,
present plans envision dispatch centers with fire and emergency
medical service dispatching being done by the sire group of
conmunicators_
The Phase II Report, now in production, will place ewhasis on the
costs, call volumes, and staffing of the EDS pa of each dispatch
center.
Wi�h respect to future EMS involvement in 911 plan developr,+,ent.
During the preparation of the Phase. T_I Report,closer liai son will
be maintained between the Study Team and the Emergency Medical
Service providers. It is essential, however, that these same
providers strengthen their ties with the police and fire service
associations so that Eris needs are clearly met in the selection_ of
a final dispatch systema for the County.
A copy of this report should be sent to: Emergency Medical Care
Comzittee of Contra Costa County, Attn: Charles Phill=ips, M.D. ,
Chai=nGn.
(E&c)
001''2
In the Board of Supervisors
of
Contra Coita County, State of California
August 1 , 197 ,
In the Matter of
Resolution adopted by
T•lalnut Creek City Council.
The Board having received a July 20, 1973 letter from
Ms. Maryalice Lien, Deputy Clerk of the City of Walnut Creek,
transmitting Resolution No. 3743 adopted by the Walnut Creek City
Council requesting the. Board of Supervisors to initiate a specific
plan study of the La Casa Via area (Specific Plan No. 6) 41-
IT
) ;IT IS BY THE -BOARD ORDERED that said request is REFERRED
to the Director of Planning for report.
PASSED by the Board on August 1, 1973.
1 hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
cc: �•laryalice Lien Witness my hand and the Seal of the Board of
Deputy City Clerk Supervisors
1445 Civic Drive
Walnut Creek affixed this 1st day of z�„n„�;- 19 .Z3
Director of Planning J. R. OLSSON, Clerk
Public Works Director By 2 , Deputy Clerk
Public Information Officer
County Administrator N. Pous
County Counsel
001" 3
H 24 8/75 10M
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 , 19 78
In the Matter of
Resolution adopted by
Walnut Creek City Council
Regarding County Service
Area D-2.
The hoard having received a July 20, 1978 letter from
Ms. tiiaryalice Lien, Deputy Clerk of the City of Walnut Creek,
transmitting Resolution No. 3733 adopted by the Walnut Creek City
Council requesting the Board of Supervisors to amend its existing
County Service Area D-2 drainage fees, amend the existing CSA-D2
Master Drainage Plan, and adopt a policy consistent with that
being imposed by the City with respect to development proposals
within CSA D-2;
IT IS BY TEE BOARD ORDERED that said request is REFERRED
to the Public Works Director for report.
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Hoard of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
cc: Plaryalice Lien Supervisor
Deputy City Clerk affixed this lst day of August 19 73
1445 Civic Drive J. R. OLSSON, Clerk
Walnut Creek, Ca. By • ,��� , Deputy Clerk
Public t•,orf.s Director N. Pous
County Council
County Administrator 0()1'x/1
Public Information Officer
H 24 8/75 10M
I
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 , 19 78
In the Matter of
Proposal for Handling Employee
Layoffs
The Board having received a -July 26, 1978 letter
from Mr. Henry L. Clarke, General Manager, Contra Costa County
Employees Association, Local No. 1, requesting time to discuss
with the Board potential layoffs and to urge adoption of a
resolution instructing all departments to cooperate in placing
such laid-off employees in other comparable jobs; and
Mr. 'Clarke having appeared and expressed concern
with respect to the proposed closure of the Edgar Children's
Shelter which would necessitate the termination of many Group
Counselors currently employed there, and having noted that
Group Counselors are employed in both the Social Service and
Probation Departments; and
?sir. Clarke having urged the Board to utilize a
procedure similar to that used two years ago concerning layoffs
in the Social Service Department which included filling positions
as they became vacant with persons who have been laid off by
another department and who have the same qualifactions and
training; and
On the recommendation of Supervisor R. I. Schroder
IT IS BY THE BOARD ORDERED that the aforesaid matter is
REFERRED to the Internal Operations Committee, (Supervisors
W. N. Boggess and J. P. Kenny) .
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
CC: Internal Operations Supervisors
Committee affixed this 1st day of August , 19 78
Mr. Henry Clarke,
Local No. 1
County Administrator J. R. OLSSON, Clerk
Director of Personnel By ?? Deputy Clerk
Diana 14, Herman
UUllJ-
H-24 4/77 15m
1
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 , 1978
In the Matter of
Establishment of an Adult Day Health
Planning Council and Preparation of
a County Plan for an Adult Day
Health Care Program.
On March 14, 1978, the Board having authorized the Chairman to sign a
statement of intent to establish an Adult Day Health Care Program in Contra
Costa County under the provisions of recent legislation, Assembly Bill 1611 and
Assembly Bill 1612; and
The Board having also authorized the Director, Human Resources Agency,
on the aforementioned date, to explore possible waivers to the composition of
the Planning Council and planning process in order to dtilize present staff and
already established advisory boards; and
On July 5, 1978, the Board having fixed Aiqust 1 , 1978 for a hearing on
the proposed formation of an Adult Day Health Plannng Council pursuant to
Health and Safety Code Section 1572.7 (enacted by A,:,sembly Bill 1611 , the
California Adult Day Health Care Act, on September 'C:4, 1977); and
The Board having now heard from the Director, Human Resources Agency, and
the Director, Office on Aging, apprising the Board that appointment of a fifteen-
member Adult Day Health Planning Council (which will be a subcommittee of the
Advisory Council on Aging), and the writing of a County Plan are mandatory to
implementing the Adult Day Health Care Program in this County either through the
private sector or through County Medical Services, and that numerous applications
have been received for membership on the Planning Council ; and
No one having appeared to speak on the matter;
IT IS BY THE BOARD ORDERED that this Board reaffirms its support for an
Adult Day Health Care Program in Contra Costa County and AUTHORIZES the Director,
Office on Aging, to prepare the required County Plan for submission to the Board
for approval prior to forwarding it to the State Department of Health by
October 15, 1978.
IT IS BY THE BOARD FURTHER ORDERED that the Board HEREBY APPROVES
establishment of an Adult Day Health Planning Council and all applications for
appointment to the Planning Council are HEREBY REFERRED to the Internal Operations
Committee (Supervisors Boggess and Kenny) for its review and report back to the
Board not later than August 29, 1978.
PASSED BY THE BOARD ON AUGUST 1 , 1978.
1 hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Orig: Human Resources Agency Witness my hand and the Seal of the Board of
Office on Aging Supervisors
Welfare Director affixed this 1st day of Au^ust 19 7-3
Contracts Unit
Human Services Planning
County Counsel J. R. OLSSON, Clerk
County Administratorr De u Clerk
County Auditor By R bbie U' el" p
Public Information Officer
Internal Oaerations Cte.
X0175
H-24 4/77 15m
clg
t �
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 , i9
In the Matter of
Proposal that Tax be Levied
on Retail Sales of
Alcoholic Beverages.
The Board having received A letter dated July 24, 1978 from
Queenie Newkirk, Chairperson, Contra Costa County Alcoholism
Advisory Board, requesting that the County consider levying a
use tax on all retail sales of alcoholic beverages, the proceeds
from such a tax to be used to provide services for persons suf-
fering from alcoholism; and
The Board having requested Mr. J. B. Clausen, County Counsel,
to comment on the proposal; and
Mr. Clausen having advised that Article XX of the- California
Constitution preempts to the State the field of taxation of
alcoholic beverages and that, therefore, a local tax may not be
levied regardless of policy merits of the proposal; and
Supervisor W. N. Boggess having suggested that the Board
indicate support for statewide legislation to further tax
alcoholic beverages to provide funding for the alcoholic rehabil-
itation program, and the Board having discussed the matter;
IT IS BY THE BOARD ORDERED that County Counsel is requested
to advise the Alcoholism Advisory Board of the facts cited above;
and
IT IS FURTHER ORDERED that the Board goes on record as
supporting a statewide tax on alcoholic beverages to provide
funding for programs to rehabilitate alcoholics.
PASSED by the Board on August 1, 1978.
1 hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
cc: County Counsel Witness my hand and the Seal of the Board of
Alcoholism Advisory Supervisors
Board affixed this 1st day of August 1973
County Legislators
c/o Arthur La-ib
County Administrator c� � J. R. OLSSON, Clerk
By j ! Deputy Clerk
Maxine M. N auf e dG
09171
H-24 4/77 15m
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 , 19 78
In the Matter of
Manpower Advisory Council
i
The Board having received a' July 25, 1978 letter
from the Secretary-Treasurer, Central Lahor Council of
Contra Costa County, recommending that Mr. Gene Atkinson
be appointed to fill a vacancy (labor representative) on the -
Contra Costa County Manpower Advisory Council;
IT IS BY THE BOARD ORDERED that the aforesaid
recommendation is REFERRED to the Internal Operations Committee
(Supervisors W. N. Boggess and J. P. Kenny) .
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
CC: Mr. Gene Atkinson Supervisors
Internal Operations Cte. affixed this 1st day of August _ 19 78
Manpower Advisory Council
Director, Human Resources
Agency J. R. OLSSON, Clerk
County Administrator B / ,� Deputy Cleric
Public Information office i
Diana M. Herman
00178
H-24 4177 15m
In the Board of Supervisors
of
Contra Costa County, State of California
August.1 , 19 78
In the Matter of
Approving Second Amendment to the
Agreement Approved August 31 , 1976
Between the County and the San Ramon
Valley Unified School District.
County Service Area R-7
W.O. 5490-927
IT IS BY THE BOARD ORDERED that an Amendment to the Agreement between
the County and the San Ramon Valley Unified School District, previously approved
by thl—c Board on August 31 , 1976, is hereby approved and the Chairman of this
Board is authorized to execute the Amendment on behalf of County Service Area R-7.
The Amendment extends the Agreement from July 1, 1978 to June 30, 1979,
adds maintenance responsibilities, increases staff time to 80 hours per week, and
increases reimbursement to the District to $43,500 for the fiscal year 1978-79.
PASSED BY THE BOARD on August 1, 1978.
s
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
Originating Department: Supervisors
Public Works (S.A.C.) affixed this 1st day of August , 19 78
cc: Public Works
County Administrator J. R. OLSSON, Cleric
County Counsel ,� ,,l�
County Auditor-Controller BY � �,�% . Deputy Clerk
San Ramon Valley Unified School Karin Kin'
District (Via P.114.)
H-244/7715m 00119
SECOND A!-IEl`lDi 1;:;;T TO AGREEMENT
(San Ramon Valley Unif. School District and C.S.A. R-7)
1 . PARTIES AUD DATE: Effective July 1 , 1978, Contra Costa County, a
political subdivision of the State of California, for and on behalf of COUNTY
SERVICE AREA R-7, ("County") and the San Ramon Valley Unified School District,
a political subdivision of the State of California ("District")., hereby agree
to amend their Agreempent dated July 1 , 1976, covering County Service Area R-7
grant funds for the provision of miscellaneous park and recreation support serv-
ices, as hereinafter provided.
Z. AMENDMENT: The following sections of the said July 1 , 1976 Agreement
are amends to read:
Section 3. RESPONSIBILITIES:
g. Perform maintenance function and supervise personnel enga.ged
in ;rayl: maintenance programs as authorized by County agreement
(Corisrtuni ty Services youth-tror•1; program).
Section 4. CONSIDERATION:
a. - The administrative and miscellaneous staff time shall not exceed
80 hours per week.
c. The total amount of r•eirr,burserrent by the County to the District
shall not exceed $43,500 for the fiscal year 1978-79.
Sr_ction 6. TERM:
the term or Mils Agree.men t %hal i be from July 1 , 19713 to June 30,
1979, rene;iable with ,mitten consent of both parties.
3. EFFECT: Except for the amendment agreed to above, tine Agreement of
July 1 , 1976 shall remain in full force and efFect.
CONTRA S �' DISTRICT
By R.i.Schroder
Chairman, Board of Supervisors t, erinterrdent, San rrron Valley
Robert I. Schroder rified School Dist ict
ATTEST: J.R_OLSSON, County Clerk
and ex-officio Clerk of the Board '
of Supervisors
By '
?��
Sandra -Telson
001 SO
-1-
J
RECOMMENDED FOR APPROVAL
By Al �Rvl-rl-uL-r�\(-Q(,)
County Adrninistrator
By _
lac 4Ior,
FORM APPROVED: JOHN B. CLAUSEN
County•Counsel
or or
By
Deputy ,'
00181
In the Board of Supervisors
of
Contra Costa County, State of California
August 1, 78
19
In the Matter of
Authorizing Acceptance of
Instruments for Recording Only.
It is by the board ORDERED that the following Offers of Dedication are
ACCEPTED FOR RECORDING ONLY:
INSTRUMENT DATE GRANTOR REFERENCE
Drainage Release 7/20/78 Tony Cutino Subdivision
Frank P. Bellecci 4889
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Originating Department: PWD (LD) Witness my hand and the Seat of the Board of
Supervisors
cc: Recorder (via P.W. ) affixed this 1st day of August 1978
Public Works Director
Director of Planning
B (2 � o J. R. OLSSON, Clerk
La- Deputy Clerk
Patricia A. Bc:11
0018392
H-24 4/77 15m
JV
i
In the Board of Supervisors
of
Contra 'Costa County, State of California
August 1 , , 1978
In the Matter of
Authorizing Acceptance
of Instruments
It is by the Board ORDERED that the following Instruments are ACCEPTED:
INSTRUMENT DATE GRANTOR REFERENCE
1 . Grant Deed for Lisboa Development Subdivision
Roadway Purposes 6/19/78 Corporation MS 11-78
2. Consent to Robert W. Subdivision
Deeding for Roadway Purposes 7/27/78 Skogen MS 11-78
PASSED by the Board on August 1 , 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Originating Department: PWD (LD) Witness my hand and the Seal of the Board of
Supervisors
cc: Recorder (via P.W.) affixed this 1st day of_ August 19 78
Public 1.1orks Director
Director of Planning J. R. OLSSON, Clerk
Deputy Clerk
Patricia A. Bet.
0015.3
H-24 4/77 15m
In the Board of Supervisors
of _
Contra ,Costa County, State of California
August ? , 19 78
In the Matter of
Affidavits of Publication.
of Ordinances.
This Board having heretofore adopted Ordinances Nos.
78/I-1—L.2 and 78Ac-52 County Sanitation District 5 Ordinance No. .3
and Affidavits of Publication of each of said ordinances having
been filed with the Clerk ; and it appearing from said affidavits
that said ordinances were duly and reqularly published for the
time and in the manner required by law;
NOW, THEREFORE, IT IS BY THE BOARD ORDERED that said
ordinances are hereby declared duly published:
The foregoing order was passed by unanimous vote of
the members present.
i
1 hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
Supervisors
affixed this !st day of August 19 78
J. R. OLSSON, ClerkBy " r + Aj V Deputy Clerk
H 24 12!76 - 15.1`1 l=atricia
Form =30
4/7/75
0018]
In the Board of Supervisors
of
Contra Costa County, State of California
A UP_ust 1 . 19 7,9
In the Matter of
!
Denial of Refund(s) of
Penalty(ies) on Delinquent
Property Taxes.
As recommended by the County Treasurer—Tax Collector IT IS BY
TSE BOARD ORDERED that the following refund(A) of penalty(ies) on
delinquent property taxes is (are) DENIED:
APPLICANT PARCEL NUMBER AMOUNT
Davi, Katherine I. 116-262-007 $63.54
4309 Cherokee Drive
Concord, CA 94 521
a
PASSED by the Board on August 1, 1978.
1 hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
cc: County Treasurer—Tax Witney my hand and the Seal of the Board of
Collector S'per"fSOis
County Administrator affixed this ?st day of,Ay_rllat'.
Aonlicant
J. R. OLSSON, Cleric
/ (S
gy �^ ��_ , • t�-... ,! Deputy Clerk
Patricia A. e--ll
00185
H-24 4-177 i5rn
APPLICATION
COUNTY OF CONTRA COSTA -
TAX PENALTY REFUND
To be filed with:
Clerk of the J U L a-1 1978
Board of Supervisors /
651 Pine Street I R. OLSSON
Martinez, Ca.94553 alERK WARD OF SMAVIsoRS
ONftRA TA CO.
Phone (415) 372-2371 e ---- �
THIS APPLICATION MUST BE
FILED WITHIN 60 DAY OF
DATE PENALTY IS PAID
Clerk of Board of Supervisors
Parcel or Assessment No. 4 C 7'
Applicant J•0 LLC �i�rztc Ll.: r Phone
j First Middle
ell
Number 4-Sirret City S!o! DO
The Revenue and Taxation Code (Section 2617.5) provides for cancellati •n of delinquent penalties on prop-
erry taxes if:
1) the delinquent penalty was due to reasonable cause,and
2) was due to circumstances beyond the assessee's control,and .
3) occurred notwithstanding the exercise of ordinary care,and
4) was not the result of willful neglect, 0�7Y
a) provided the payment of taxes and penalty is made within 90 days of the first installment delinquency date
or within 30 days after the second installment delinquency date on the secured roll. S!a- 78
b) payment of taxes and penalty must be made within 90 days of delinquency date on the unsecured roll.
I hereby submit this claim for refund of penalty paid for the following reasons:
(Use back of form is necessary) r 1
n!i .i 1/ l% •�j ,i `i ,,� 1�. , t�
_ •�
I certify(or declare)under penalty of perjury that the statements on this application are true and correct and
that the person signing this application is the person paying tax, his/her guardian, executor, or administrator.
Sian here /�C%'/t.• r %' ; . r Date :��� 1 �• �. I/�� %�'
TO BE COMPLETED BY TAX COLLECTOR
Assessee Name on Roll DAV K A 7 h/E& I MC X
Delinquent 1st �-5 79 Q 4/ -
Delinquent 2nd
.5 .� • Q
Tax Aluount 7C. 02 ' S� Date Paid
Penalty Amount G �' s Date Paid
Other Refund Recommended Not Recommended
Tax Collector Initial Here
/ S' -7 (WJAC-
OZ 4 .. /L -its -7r'
PUC a - i -,7d
Microfilmed with bocrd order p��- Y -� a• �£
V
In the Board . of Supervisors
of
Contra Costa County, State of California
August 1 , 1978
In the Matter of
Approval of Contract #35080 with
Urban and Rural Systems Associates
for the Evaluation of One OCJP Project
for the Probation Department
The Board having considered the request by the County Probation
Officer and recommendation of the County Administrator;
IT IS BY THE BOARD ORDERED that the Chairman is AUTHORIZED to
execute on behalf of the County, Contract #35080 with Urban and Rural Systems
Associates, a partnership, for evaluation of one OCJP Project No. J-4032-1-78
"Serious 602 Offender Prograni' for the Probation Department for the period
July 1 , 1978 to September 30, 1979, at a cost not to exceed $9,515, ten percent
County funds.
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Orig. : Probation Department Witness my hand and the Seal of the Board of
cc: County Probation Officer Supervisors
At Wal lace C. Donavan,Jr. affixed this lst day of August 1978
Contractor, c/o Probation Dept.
County Auditor-Controller
County Administrator R. OLSSON, Clerk
gy Deputy Cleric
Karin King,
H-2.1 3/76-15M 00157
Contra Costa County Standard Form
— STANDARD CONTRACT
(purchase of Services)
1. Contract Identification. Number 35080-30337-2310
Department: Probation
Subject: First Year Evaluation of Project
2. Parties. The County of Contra Costa California (County), for its Department named '
above, and the following named Contractor mutually agree and promise as follows:
Contractor: Urban and Rural Systems Associates (URSA)
Capacity: Partnership
Address: Pier 1-1/2
San Francisco, CA 94111 - (415) 398-2040
3. Term. The effective date of this Contract is July 1, 1978 and it
terminates September 30, 1979 unless sooner terminated ami provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $ 9,515
5. County's Obligations. County shall make to the Contractor those payments described
in the Payment Provisions attached hereto which are incorporated herein by reference,
subject to all the terms and conditions contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out
that work described in the Service Plan attached hereto which is incorporated herein by
reference, subject to all the terms and conditions contained or incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions
and Special Conditions (if any) attached hereto, which are incorporated herein by
reference.
8. Project. This Contract implements in whole or in part the following described
Project, the application and approval documents of which are incorporated herein by
reference: Office of Criminal Justice Planning Project No. 4082-1-J, Project Title:
" Serious 602 Offender Program "
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: Government Code #31000.
10. Signatures. a signatures attest the parties' agreement hereto:
COUNTY 0 CO OSTA CALIFORNIA CONTRACTOR
Z/ Z- &tophrbder
ByK By ' j A'ftft-L111C^-
Chaifman,
Board of Supervisors � /�
(Designate official, capacity in business
Attest: J. R. Olsson, County Clerk and affix corporation seal)
State of California )
By County of Contra Costa ) ss.
Deputy
ACKNOWLEDGEMENT (CC 1190.1)
The person signing above for Contractor -
Recommended by Department known to me in those individual and
business capacities, personally appeared
before me today and acknowledged •th4 t he/
g they signed it .and that the corporation
Designee or partnership named above executed the
within instrument pursuant to its bylaws
or a resolution of its board of directors.
Fermi.. Approved: County Counsel
Dated: 21
Deputy Nota" ublic/Deputy County Clerk
001c"
Microfilmed with board order
(A-4617 REV 6/76)
'Contra Costa County - Standard Fors
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply with all Federal,
State and local laws and regulations applicable with respect to its performance hereunder,
including but not limited to, licensing, employment and purchasing practices; and wages,
hours and conditions of employment.
2. Inspection. Contractor's performance, place of business and records pertaining
to this Contract are subject to monitoring, inspection, review and audit by authorized
representatives of the County, the State of California, and the United States Goverment.
3. Records. Contractor shall keep and make available for inspection by authorized
representatives of the County, the State of California, and the United States Government,
the Contractor's regular business records and such additional records pertaining to this
Contract as may be required by the County.
4. Retention of Records. The Contractor and County agree to retain all documents
pertaining to this Contract for three years from the date of submission of Contractor's
final payment demand or final Cost Report (whichever is later) under this Contract, and
until all Federal/State audits are complete and exceptions resolved for the funding
period covered by this Contract or for such further period as may be required by law.
Upon request, Contractor shall make these records available to authorized representatives
of the County, the State of California, and the United States Government.
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at their
sole discretion, upon thirty-day advance written notice thereof to the other, or
cancelled immediately by written mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may
terminate this Contract should the Contractor fail to perform properly any of its
obligations hereunder. In the event of such termination, the County may proceed with
the work in any reasonable manner it chooses. The cost to the County of completing
Contractor's performance shall be deducted from any sum due the Contractor under this
Contract.
c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event
that Federal, State, or other non-County funding for this Contract ceases, this Contract
is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein, no other understandings,
oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto. '
7. Further Specifications for Operating Procedures. Detailed specifications of
operating procedures and budgets required by this Contract, including but not limited
to,monitoring, auditing, billing, or regulatory changes, may be developed and set
forth in a written Informal Agreement entered between the Contractor and the County.
Such Informal Agreements shall be designated as such and shall not be amendments to
this Contract except to the extent that they further detail or clarify that which is
already required hereunder. Such Informal Agreements may not enlarge in any manner
the scope of this Contract, including any sums of money to be paid the Contractor as
provided herein. Informal Agreements may he approved and signed by the head of the
County Department for which this Contract is made or his designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a
written document executed by the Contractor and the Contra Costa County Board of
Supervisors or, after Board approval, by its designee, subject to any required State-
or Federal approval.
b. Administrative Amendments. Subject to the Payment.Limit, the Payment
Provisions and the Service Plan may be amended by a written administrative amendment
executed by the Contractor and the County Administrator or his designee, subject to
any required State or Federal approval, provided that such administrative amendments
may not materially change the Payment Provisions or the Service Plan.
oohs
(A-4616 REV 6/76) -1-
Contra Costa County Standard Form,
GENERAL CONDITIONS
(Purchase of Services)
9. Disputes. Disagreements between the County and Contractor concerning the
meaning, requirements, or performance of this Contract shall be subject to final
determination in writing by the head of the County Department for which this Contract
is made or his designee or in accordance with the applicable procedures (if any)
required by the State or- Federal Government.
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and
construed in accordance with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted
in the courts of Contra Costa County.
11. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon the subject of this Contract be adopted or revised during
the term hereof, this Contract shall be amended to assure conformance with such
Federal or State requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General
Conditions, inspections or approvals, or statements by any officer, agent or employee
of the County indicating the Contractor's performance or any part thereof complies
with the requirements of this Contract, or acceptance of the whole or any part of
said performance, or payments therefor, or any combination of these acts, shall not
relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall
the County be thereby estopped from bringing any action for damages or enforcement
arising from any failure to comply with any of the terms and conditions hereof.
13. Subcontract and Assignment. This Contract: binds the heirs, successors,
assigns and representatives of Contractor. The Contractor shall not enter into
subcontracts for any work contemplated under this Contract and shall not assign this
Contract or monies due or to become due, without the prior written consent of the
County Administrator or his designee, subject to any required State or Federal approval.
14. Independent Contractor Status. This Contract is by and between two independent
contractors and is not intended to and shall not be construed to create the relationship
of agent, servant, employee, partnership, joint venture or association.
15. Conflicts of Interest. Contractor promises and attests that the Contractor
and any members of its governing body shall avoid any actual or potential conflicts of
interest. If Contractor is a corporation, Contractor agrees to furnish to the County
upon demand a valid copy of its most recently adopted bylaws and also a complete and
accurate list of its governing body (Board of Directors or Trustees) and to timely +
update said bylaws or the list of its governing body as changes in such governance
occur.
16. Confidentiality. Contractor agrees to comply and to require its employees
to comply with all applicable State or Federal statutes or regulations respecting confi-
dentiality, including but not limited to, the identity of persons served under this
Contract, their records, or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by
Contractor or any public officer or agency in connection with the administration of or
relating to services provided under this Contract will be confidential, and will not be
open to examination for any purpose not directly connected with the administration of
such service.
b. No person will publish or disclose or permit or cause to be published or
disclosed, any list of persons receiving services, except as may be required in the
administration of such service. Contractor agrees to inform all employees, agents.—
and partners of the above provisions, and that any person knowingly and intentionally. _
disclosing such information other than as authorized by law may. be guilty of a
misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services
under this Contract shall be available to all qualified persons regardless of age,
sex, race, religion, color, national origin, or ethnic background, and that none
shall be used, in whole or in part, for religious worship or instruction.
0010
(A-4616 REV 6/76) -2-
GENERAL CONDITIONS
(Purchase of Services)
1S. Indemnification_ The Contractor shall defend, save harmless and indemnify
the County and its officers, agents and employees from all liabilities and claims for
damages for death, sickness or injury to persons-or property, including without limi-
tation, all consequential damages, from any cause whatsoever arising from or connected
with the operations or the services of the Contractor hereunder, resulting from the
conduct, negligent or otherwise, of the Contractor, its agents or employees.
19. Insurance. During the entire term of this Contract and any extension or
modification thereof, the Contractor shall keep in effect insurance policies meeting
the following insurance requirements unless otherwise expressed in the Special
Conditions:
a. Liability Insurance. The Contractor shall provide a policy or policies
of comprehensive liability insurance, including coverage for owned and non-owned auto-
mobiles, naming the County and its officers and employees as additional insureds, with
a mini-erre combined single limit coverage of $500,000 for all damages because of bodily
injury, sickness or disease, or death to any person aad damage to or destruction of
property, including the loss of use thereof, arising from each accident or occurrence.
b. Workers' Compensation. The Contractor shall provide the County with a
certificate of insurance evidencing workers' compensation insurance coverage for its
employees.
c. Additional Provisions. The policies shall include a provision for thirty
(30) days written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to the County,
the State and Federal Governments, their officers, agents, and employees, so that other
insurance policies held by them shall not be required to contribute to any loss covered
under the Contractor's insurance policy or policies. Not later than the effective date
of this Contract, the Contractor shall provide the County with a certificate(s) of
insurance evidencing the above liability insurance.
20. Notices. All notices provided for by this Contract shall be in writing and
may be delivered by deposit in the United States mail, postage prepaid. Notices to
the County shall be addressed to the head of the County Department for which this
Contract is Dade, 6S1 Pine Street, Martinez, California 94S53. Notices to the Contractor
shall be addressed to the Contractor's address designated herein. The effective date of
notice shall be the date of deposit in the mails or of other delivery.
21. Primacy of General Conditions. Except for Special Conditions which expressly
supersede General Conditions, the Special Conditions (if any) and Service Plan do not
limit any tern of the General Conditions. `
22. Nonrenewal. Contractor understands and agrees that there is no representation
implication, or understanding that the services provided by Contractor under this
Contract will be purchased by County under a new contract following expiration or
termination of this Contract, and waives all rights or claims to notice or hearing
respecting any failure to continue purchase of all or any such services from Contractor.
00191
-3-
SPECIAL CONDITIONS
Number 3SO80-3037-2310
I. Item 19:
Insurance of the General Conditions is hereby deleted.
II. Office of Criminal Justice Planning Standard Contract Provisions (Rev. 7-76),
Exhibit A, is hereby incorporated by reference and, made a part of this agreement. The
Office of Criminal Justice Planning conditions and our general conditions are to be
read together, except that when these provisions conflict the conditions of the Office
of Criminal Justice Planning Contract shall govern.
00192
Contra Costa County Standard Forts
PAYMENT PROVISIONS
(Fee Basis Contracts)
Number 35080-3037-2310
1. Payment Amounts. Subject to the Payment Limit of this Contract and subject
to the following Payment Provisions, County will pay Contractor the following fee:
[Check one alternative only.]
[ J a. $ monthly, or
[ J b. $ per unit, as defined in the Service Plan, or
[ ] c. $ after completion of all obligations and conditions
herein and as full compensation for all services, work, and expenses
provided or incurred by Contractor hereunder. .
fx] d. -, This .is a fixed price contract for a product. Payments shall be made in
accordance with "Attachment 'A' :*Statement of Work". Upon submission- and
acceptance of each final report, payment will be made up to the maximum of the
amount listed in- the reimbursement column which corresponds to the particular
final report submitted.
* Attachment "A" is hereby incorporated by reference.
2. Payment Demands. Contractor shall submit written demands monthly or. as
specified in 1. (Payment Amounts) above, for payment in accordance with Paragraph 1.
(Payment Accounts) above. Said demands shall be made on County Demand Form D-15 and
in the manner and form prescribed by County. Contractor shall submit said demands
for payment for services rendered no later than 90 days from the end of the month
in which said services are actually rendered. - Upon approval of said payment demands'
by the head of the County Department for which this Contract is made or his designee,
County will make payments as specified in Paragraph 1. (Payment Amounts) above.
3. Right to Withhold. County has the right to withhold payment to the Contractor
when, in the opinion of the County expressed in writing to the Contractor, (a) the
Contractor's performance, in whole or in part, either has not been carried out or is
insufficiently documented, (b) the Contractor has neglected, failed or refused to
furnish information or to cooperate with any inspection, review or audit of its
program, .work or records, or (c) Contractor has failed to sufficiently itemize or
document its demand(s) for payment.
4. Audit Excevtions. Contractor agrees to accept responsibility for receiving,
replying to, and/or complying with any audit exceptions by appropriate County, State,
or Federal audit agencies occurring as a result of its performance of this Contract.
Contractor also agrees to pay to the County within 30 days of demand by County the
.full amount of the County's liability, if any, to the State and/or Federal goverment
resulting from any audit exceptions, to the extent such are attributable to the
Contractor's failure to,perform properly any of its obligations under this Contract.
00193
(A-4619 REV 6/76)
ESTIMATED PROJECT BUDGET
1 July 1978 - 30 September 1979
(USED FOR NEGOTIATION PURPOSES ONLY, NOT TO BE USED AS A BASIS FOR PAYMBAT)
DIRECT LABOR
Supervising Partner: N. Day
Est. 4 days @ $135/day $ 540
Project Director: J. Fagan, PhD
Est. 37 days @ $81/day 2,977
Project Secretary
Est. 10. days @ $35/day 350
TOTAL, DIRECT LABOR $ 3,887
OVERHEAD
@ 93% of Di rect Labor 3,615
TRAVEL AND PER DIEM
Travel: Est. 2,350 mi. @ 170/mi 403
Per Diem: Est. 20 days @ $4/d 80
TOTAL, TRAVEL AND PER DIEM 483
OTHER DIRECT EXPENSES
Telephone: Est. 10 mo x 15 mos 150
Duplicating:. Est. $10/mo x 15 mos 150
Computer: Est. $200 200
Printing: Est. $200 200
Postage: Est.- $25 25
Miscellaneous: Est. $100 100
TOTAL, OTHER DIRECT EXPENSES 825
TOTAL COSTS $ 8,810
Fee @ 8% 705
TOTAL CONTRACT $_9j515
ON94
SERVICE PLAN
This contract is between Contra Costa County, California, its Probation Department,
hereinafter referred to as County, and Urban and Rural Systems Associates, (URSA), a
Partnership, hereinafter referred to as Contractor.
Contractor will structure the work performed under this contract into six inter-
related tasks for the "Evaluation of the 'Serious 602 Offender' Project" (SOP):
Task 1 - Orientation to Contract
Task 2 - Refine Evaluation Design
Task 3 - Orient Project Staff and Administrators to Evaluate Design,
Procedures, and Use of Instruments
Task 4 - Data Collection
Task 5 - Data Analysis
Task 6 - Reporting
Task 1 - Orientation to Contract
Within one week after award of contract, the Contractor's Evaluation. Director and
key staff will be prepared to meet with the Program Director in charge of the SOP
project and such other staff of the Probation Department as appropriate. The pur-
poses of that meeting will be:
1 . To introduce the members of URSA's Evaluation Team to key members of the
SOP project staff (to the extent that they are identified at theltime the
evaluation contract is awarded).
2. To obtain from the Program Director and other key staff of the Probation
Department, any background information and data related to project intent
and goals, the structure of the Department, operational procedures, or
other relevant areas.
3. To obtain information about the kinds of data the Probation Department
currently collects and/or intends-to collect that is relevant for the SOP
project; and to,review existing data files-and data collection formats.
4. To establish protocols for obtaining access to data and for contacting
project staff.
5. To discuss procedures for assigning offenders to experimental and control
groups, and to discuss the implications of establishing control groups.
6. To obtain infoi--nation about the proposed schedule for training staff for
the SOP project and for implementing the project.
7. To establish a schedule and procedures for reporting evaluation findings
and conclusions to the Program Director and to key staff of the SOP
project.
Task 2 - Refine Evaluation Design
Immediately following the Orientation Meeting (Task 1), the Contractor's Evaluation
Director will begin refining the evaluation design. The purpose of this task will
be to develop a practical and feasible design for accomplishing the project's
evaluation objectives as expeditiously as possible and without unduly burdening
project staff with data collection duties.
Refinement of the evaluation design will involve:
1. Establishment of final procedures for accomplishing random assignment of
offenders to experimental and control groups, and for selecting sub-sets
of offenders as samples for follow-up or other evaluation-related needs.
2. Final specification of the key questions that the evaluation will be
designed to answer and their relationship to the Probation Department's
overall goals.
00191
SERVICE PLAN - Page Z
3. Identification of the kinds of data needed to address each of the key
evaluation questions and specification of the form in which each piece of
data will be collected.
4. Identification of the potential source for each piece of data required
(e.g. , project files, Deputy Probation Officer, offender, offender's
family, test scores, community agency files, etc.) to the extent possible
existing data sources will be used, and the availability of data and will-
ingness of various sources (e.g. , schools, agencies, etc.) to provide data
will also be assessed as part of the process of refining the evaluation
design.
5. Selection of instruments for collecting data on the social adjustment of
the offender. To accomplish this, contractor's staff will meet with staff
of the Probation Department's Psychological Clinic to review and select
appropriate instruments for assessing social adjustment.
6. Development and/or refinement of instruments for recording and organizing
various kinds of project data. As noted above, six types of instruments
will be used to structure data collection:
- Instruments for collecting data on the screening and intake function.
- Instruments for collecting data on the delivery of treatment interviews.
- Instruments for collecting data on offender outcomes (e.g. , changes in
behaviors, attitudes or information) vis a vis recidivism, alcohol and
drug use and abuse, restitution, family functioning, etc.
- Instruments for structuring observations and evaluating process.
- Instruments for structuring follow-up data collection on sample of
experimental and control groups who will be followed up after termina-
tion of services in the project.
- Instruments for structuring analysis of the project management, staff
trauma, and cost factors.
As noted earlier, to the extent possible, contractor will use or adapt
data collection instruments and formats that the Probation Department
already uses.
7. Establishment of' timing and frequency requirements for each type of data
needed. That is, some pieces of data will need to be collected more fre-
quently than other kinds of data. For example, data on supervision con-
tacts may need to be recorded for each session, while data on recidivism
may need to be collected only at the time an offender is terminated or at
the conclusion of the follow-up period.
8. Establishment of procedures for analyzing data. Data analysis efforts
will be focused on providing answers to the key evaluation questions
defined and specified as part of the evaluation design.
9. Establishment of a schedule for and procedures for providing feedback on
evaluation findings and conclusions.
Task 3 - Orient Project Staff and Administrators to Evaluation Design, Procedures,
and Use of Instruments
Following review of the refined evaluation design and any modifications required
after review, Contractor will meet with the staff of the SOP project to orient them
to the overall evaluation design, the proposed procedures and schedule of evalua-
tion activities, the use of each of the various data collection instruments, and
the frequency of collection for each piece and type of data.
At the time of that meeting, Contractor will provide the Probation Department's—
Project
epartment'sProject Director, each of the DPO's assigned to the project, and any other staff
who will be involved with data collection, with a "User Manual" for the Client Data
Record System. The User Manual will provide a brief overview of the evaluation
design, copies of all relevant data collection forms, and instructions on when and
how to use and fill out each form.
00193
SERVICE PLAN - Page 3
Task 4 - Data Collection
Data collection efforts will begin at the time staff training begins. However,
intensive and regular efforts will begin following approval of the refined evalua-
tion design and be conducted in accordance with the procedures and schedules speci-
fied in the evaluation design.
Data collection efforts will be carefully structured through the use of data col-
lection guides, including:
- detailed topical interview guides
- file review formats
- standardized instruments, and
- observational checklists
Task 5 - Data Analysis
The data analysis plan will be structured around five different analytical
processes. The basic tasks associated with each of these processes are outlined
below. Contractor will develop a product for each of the analytical processes.
Interim reports and one final report will be made as scheduled in attachment "A".
1. Preliminary analysis of and report on program functioning. This analy-
tic process will be based on:
- intensive debriefing of field research teams after first visits to each
site and observation of program process;
- coding and analysis of observation data.
The report will be developed in two parts:
- structured site visit reports _by each field research team;
- preliminary identification and description of key program functioning
variables and characteristics.
2. Preliminary analysis of program records to identify "successful" and
"unsuccessful" approaches and report on findings Tis process will
involve:
- the coding and analysis of interview data and data culled from the pro-
gram records as collected by field teams;
- the development of program functioning indices to calculate "success" or
"lack of success" in areas such as retention rate, graduation rate, ,
achievement of treatment objectives, achievement of program objectives;
- the identification of successful and unsuccessful programs;
- the preparation of an interim report detailing these findings.
3. Combined analysis of program functionin characteristics and "success"
rates and develomt of program Upologies or models. Building on t e
previous steps, this effort will involve:
- the statistical analysis of data from processes 1 and 2 above, to deter-
mine the correlations between program functioning variables and achieve-
ment of client objectives;
- based on these findings, the identification of successful (and unsuc-
cessful ) programs.
4. Analysis of client outcome data. This analytical process will include:
- the coding and analysis of data from client interviews conducted by the
field research associates;
- the coding and analysis of data from interviews with program staff as
conducted by the field research team;
- the coding and analysis of data from intake, service delivery, and ter-
mination records and other records as available from experimental and
control subjects.
00197
SERVICE PLAN - Page 4
5. Analysis of correlations between program functioning and client outcomes
and preparation of final raft report. The final analytical process will
eoto determine the correlation between program functioning characteris-
tics and client outcomes. These findings will be incorporated to identify
the attainment of overall project (and individual component) objectives,
and the reasons why (or why not) objectives are achieved.
Task 6 - Reporting
Reports will be prepared and submitted according to the schedule stated in Attach-
ment "A".
001 Q
a
rF
ATTACHMENT "A"--STATEMENT OF WORK
EVALUATION OF THE "SERIOUS OFFENDER PROGRAM"
DELIVERABLE MONTH REIMBURSEMENT
• Orientation and Research SJ78 _
Design (Draft) -
• Research Design (Final) 9/78 - $ 2,500
• Interim Report (Draft) 12/78 --
s Interim Report (Final) 1/79 $ 3,015
• Final Report (Draft) 8/79 --
Final Report (Final) 9/79 41000
TOTAL $ 915.15
0W 9%1
EXHIBIT "A"
Contract #35080-3037-2310
OFFICE OF CRIMINAL JUSTICE PLANNING
STANDARD CONTRACT PROVISIONS
1. Grant Award. The (Subgrantee) CONTRA COSTA COUNTY, CALIFORNIA
PROBATION DEPARTMENT hereinafter referred to as Subgrantee,
and the Office of Criminal Justice Planning, hereinafter referred to as OCJP,
entered into grant award, No. 4082-1-J, hereinafter referred to as "grant
award". Funds for this Agreement are made available, in whole or in part,
by the grant award and the grant award is incorporated in this Agreement.
The Subgrantee will retain ultimate control and responsibility for performance
under the grant award. The Contractor shall only be bound by those provi-
sions of the grant award that are pertinent to performance by the Contractor
under this Agreement.
2. Assignment or Subcontracting. No performance of this Agreement or
any portion thereof may be assigned or subcontracted by the Contractor
without the express written consent of Subgrantee and any attempt by
the Contractor to assign or subcontract any performance of this
Agreement without the express written consent of Subgrantee shall be
null and void and shall constitute a breach of this Agreement. When-
ever the Contractor is authorized to subcontract or assign, he will
include all the terms of this Agreement in each such subcontract or
assignment.
3. Assurance of Compliance with Civil Rights Laws. The Contractor will
comply with Title VI of the Civil Rights Act of 1964, as amended, and
all requirements imposed by or pursuant to regulations of the Department
of Justice and the Law Enforcement Assistance Administration (hereinafter
referred to as LEAA) issued pursuant to that title, to the end that
no person shall, on the grounds of race, creed, color, sex, or national
origin be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under this Agreement or
under any project, program, or activity supported by this Agreement.
The contractor will comply with Justice Department Equal Employment r
Regulations in federally-assisted programs (28 CFR Part 42, Subpart D)
to the end that employment discrimination in such programs on the
grounds of race, color, creed, sex, or national origin shall be
eliminated. The Contractor recognizes the right of the United States
to seek judicial enforcement of the foregoing convenants against
discrimination.
4. Maintenance and Inspection of Contractual Records. The Cosopt*roller
General of the United States, or any of his duly authorized representatives
shall have access to and the right to examine, audit, excerpt and tran-
scribe any books, documents, papers and records of the Contractor which
in the opinion of the Comptroller General may be related or pertinent
to this Agreement. Such material must be kept and maintained for a
period of three years after termination of the grant award or until an
audit is completed by OCJP and LEAA and all questions arising therefrom
are resolved, whichever is sooner.
00200
LEAH and OCJP or any of their duly authorized representatives shall
have access for the purpose of audit and examination to any books,
documents , papers and records of the Contractor which are related or
pertinent to this Agreement. The books, documents, papers and records
of the Contractor to- which LEAH and OCJP or any of their duly authorized
representatives shall have access to under the provisions of this
paragraph shall not include any such materials. which set forth the
cost of the goods sold or leased under a fixed-price contract for off,-
the-shelf
ff=the-shelf items resulting from a formally advertised procurement as
defined in .the LEAA financial guidelines.
5. Copyrights and Rights in Data. Where activities supported by this
Agreement produce orig1nal computer programs, writing sound recordings,
pictorial reproductions, drawings or other graphical representation
and works of any similar nature (the term computer programs includes
executable computer programs and supporting data in any form) , the
OCJP, the LEAA, and Subgrantee reserve the right to use, duplicate and
disclose, in whole or in part, in any manner for any purpose whatso-
ever, and to authorize others to do so. If any material described in
the previous sentence is subject to copyright, the Subgrantee reserves
the right to copyright such .and the Contractor agrees not to copyright
such material. If the material is copyrighted, the OCJP and the LEAA
reserve a royalty-free, non-exclusive, and irrevocable license to
reproduce, publish, and use such materials, in the whole or in part,
and to authorize others to do so.
0020-T.-.
6. `publications. Before publishing any materials produced by activities
supported by this Agreement, the Subgrantee or its contractor (the
contractor) shall notify OCJP 90 days in advance of any such.-1 ntended
publication and shall submit 20 copies of the materials to be published.
Within 60 days after_any such materials have been received by OCJP,
OCJP shall submit to the Subgrantee its comments with respect to the
materials intended to be published. The SuLgrantee or its contractor
shall determine, within 10 days after receipt of any such comments,
whether or not to revise the materials to incorporate the comments of
OCJP and shall advise OCJP of its determination within 15 days after such
comments have been received by the Subgrantee or contractor. If the
Subgr4ntee or its contractor determines not to incorporate any of the
comaents of OCJP into the text -of the materials, it may publish the
materials provided that the initial preface or introduction to these
materials as published contain the following:
A. A credit reference reading as follows: "The preparation of these
materials was financially assisted through a federal grant from the
Law Enforcement Assistance Administration and the California Office
of Criminal Justice Planning and under Title I of the Crime Control
Act of 1913."
B. A disclaimer statement reading as follows: , "The opinions, findings,
and conclusions in this publication are those of the author and not
necessarily those of OCJP or LEM OCJP and LEAA reserve a royalty-
free, non-exclusive, and irrevocable license to reproduce, publish
and use these materials, and to authorize others to do so. A copy
of these materials may be obtained from OCJP or LEAA upon payment
of the cost for reproducing the materials."
C. The comments of OCJP in full , unabridged, and unedited.
If the Subgrantee or its contractor wishes to incorporate some or any of
the comments of OCJP in the text of the materials, it shall revise .the
materials to be published and resubmit them to OCJP which shall prepare-
comments on the resubmitted data within 30, days after receipt thereof.
Within 10 days after receipt of these comments, the Subgrantee or its
contractor shall determine whether or not to accept or adopt any of the
comments on the revised materials as resubmitted to OCJP and shall advise
OCJP of this determination within 15. days after receipt of the comments
of OCJP. Thereafter, the materials may be published or revised in accordance
with the procedure's set forth above for the publication of materials on .
which OCJP has submitted its comments to the Subgrantee or its contractor.
If OCJP has not submitted its comments on any materials submitted to it
within 90 days after OCJP has received any such materials, the Subgrantee
or its contractor may proceed to publish :.he materials in the form in which
they have been submitted to OCJP but shall include the credit statement
and the disclaimer statement set forth above, but without any further comments
00202
7. Patents. If any discovery or invention arises or is developed in the
course of or as a result of work performed under this Agreement, the
Contractor shall refer the discovery or invention to Subgrantee and
OCJP. The Contractor hereby agrees that determinations of rights to
inventions or discoveries made under this Agreement shall be made by
LEAA, or its duly authorized representative, who shall have the sole
and exclusive powers to determine whether or not and where a patent
application should be filed and to determine the disposition of all
rights in such inventions or discoveries, including title to. and
license rights under any patent application or patent which may issue
thereon. The determination of LEAH, or its duly authorized representa-
tive, shall be accepted as final. The Contractor agrees and otherwise
recognizes that LEAH, OCJP, and Subgrantee shall acquire at least an
irrevocable, non-exclusive, and royalty-free license to practice and
have practiced throughout the world for governmental purposes any
invention made in the course of or.under this Agreement.
S. Contractor Work Hours and Safet Standards. If this Agreement provides -
or payment in excess o ,000 for construction contracts)
and involves the employment of mechanics or laborers, the Contractor
agrees: a) That each mechanic or laborer will have wages computed on
the basis of a standard work day of eight hours and a standard work
week of forty hours. Work in excess of the standard work week or day
is permissible provided that the worker is compensated at the rate of not
less than one and one-half times the basic rate of pay for all hours
worked in excess of eight hours in any clanedar day or forty hours in
the work week; b) That no laborer or mechanic shall be required to work
in surroundings or under working conditions which are unsanitary,
hazardous or dangerous to his health and safety as determined under
construction safety and health standards promulgated by the Secretary
of Labor by regulation (29 CFR 1518). These requirements do not apply
to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or trans- s
mission of intelligence.
9. Clean Air Act. If this Agreement provides for payment in excess of
100,000, the Contractor agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act of 1970
(42 USC 1857, et seq. ) and the Federal Water Pollution-Control Act
(33 USC 1251 et seq. , as amended:
10. Security and Privacy
A. The Contractor agrees that, except as provided by federal law other
than the Crime Control Act of 1973 (42 U.S.C. Sections 3701 et sea.).
none of its officers or employees shall use or reveal any research
or statistical information furnished by any person and identifiable .
to any specific private person for any purpose other than the purpose
for which it was obtained. Copies of such information shall be
immune from legal process, and shall not, without the consent of
the person furnishing such information, be admitted as evidence
or used for any purpose in any action, suit, or other jucr,� :Vt) '
administrative proceedings. vvv
B. Criminal history information:
(1) The term "criminal history information" includes records and
related data, compiled by law enforcement agencies for purposes
of identifying criminal affenders ani' alleged offenders and
maintaining as to such persons summaries of arrest, the nature
and disposition of criminal charges, sentencing, confinement,
rehabilitation and release.
(2) If the Contractor utilizes "criminal history information",
the Contractor shall comply with the following:
All criminal history information collected, stored, or -
disseminated shall contain, to the maximum extent feasible,
disposition as well as arrest data where arrest data is
included therein. The collection, storage, and dissemination
of such information shall take place under procedures
reasonably designed to insure that all such information is ,
kept current therein; the Contractor shall assure that the
security and privacy of all information is adequately
provided for and such information shall only be used for
law enforcement and criminal justice and other lawful purposes.
In addition, an individual who believes that criminal history
information concerning him contained in an automated system
is inaccurate, incomplete; or maintained in violation of
the Crime Control Act of 1973, shala , upon satisfactory veri-
fication of his identity, be entitled to review such infor-
mation to obtain a copy of it for the purpose of challenge
or correction.
C. Any person violating the Securit and Privacy provisions of this
Agreement or of the Crime Control Act of 1973 [42 U.S.C. Section
3771(c)] or any rule, regulations, or order issued thereunder,
shall be fined not to exceed $10,000 in addition to any other
penalty imposed by law.
D. The- Contractor assures that the foregoing provisions of this
Security and Privacy clause shall be incorporated into all of
its subcontracts.
11. Termination
A. The performance of work under this Agreement may be terminated by
the Subgrantee in accordance with this clause in whole on 30 days
written notice to the Contractor, or from time to time in part on
10 days written notice to the Contractor:
(1) Whenever the Contractor shall default in performance of this
Agreement in accordance with its terms and shall fail to cure
• such default within a period of ten days after receipt from
the Subgrantee of a notice specifying the default; or
(2) Whenever for any reason the Subgrantee shall determine that��2�4
such termination is in the best interest of the Subgrantee.
Any such termination shall be effected by delivery to the Contractor
of a notice of termination specifying whether termination is for de-
fault of the Contractor or for the convenience of the Subgrantee,
the extend to which performance of work under the Agreement is ter-
minated, and the date upon which such termination becomes effective.
B. After receipt of a notice of termination and except as otherwise
directed by the Subgrantee, the Contractor shall :
(1) Stdp work under the Agreement on the date and to the extent
specified in the notice of termination;
(2) Transfer title to the Subgrantee (to the extent that title
has not already been transferred) and deliver in the manner,
at the times, and to the extent directed by the Subgrantee,
the work in process, completed work and other material produced
as a part of, or acquired in respect of the performance, the
work terminated.
C. The amount due the Contractor by reason of termination shall be
determined as follows:
(1 ) If this Agreement specifies payment on the basis of reimburse-
ment of costs, without any fee or profit margin, there shall
be included all costs and expenses reimbursable in accordance
with this Agreement not previously paid the Contractor for the
satisfactory performance of this Agreement prior to the effective
date of the notice of termination, whether the termination is
for the convenience of the Subgrantee or the default of the
Contractor. '
(2) If this Agreement specifies payment on any basis other. than
stated in paragraph 11.C.(1) above, and
(a) If the termination is for the convenience of the Subgrantea, '
there shall be paid a percentage of all sums to which the
Contractor would be entitled on completion of all work
under the Agreement equivalent to the percentage of the
completion of all the work contemplated by the Agreement;
(b) If the termination of this Agreement is for the default of
the Contractor, the total sum payable shall be such propor-
tionate part of all sums to which the Contractor would be
entitled on completion of all work under the Agreement as
the total amount of work delivered to and accepted by the
Subgrantee bears to the total work called for by this
Agreement.
D. In the event of a partial termination, the portion of the sum which
is payable with respect to the work under the continued portion of
the Agreement shall be equitably adjusted by agreement between the-
Contractor and the Subgrantee, and such adjustment shall be evidenced
by an amendment to this Agreement.
00� .
12. Disputes
A. When the Contractor and the Subgrantee fait to agree as to whether
or not any work is within the scope of this Agreement, the Contractor
shall nevertheless irmiediately perforin such work upon receipt from
the Subgrantee of written order to do so. Within 15 calendar days
after receipt of such order, the Contractor may submit a written
protest to the Subgrantee, specifying in detail in what particulars
the Agreement requirements were exceeded, and the approximate change
in cost resulting therefrom so that the Subgrantee will have notice
of a potential claim which may be filed by the Contractor.
B. Failure to submit such protest within the period specified shall
constitute a waiver of any and all right to adjustment in Agreement
price and Agreement ti -me due to such work, and the Contractor there-
after shall not be entitled to any adjustment of Agreement price
or time therefor. For any such work which is found to exceed the
Agreement requirements, there shall be an adjustment in Agreement
price and Agreement time on the same basis as for any other change
in the work.
13. Covenant Against Contingent Fees
The Contractor warrants that no person or selling agency has been
employed or retained to solicit or- secure this Agreement upon an agree-
ment or understanding for a commission, percentage, brokerage, or con-
tingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Contractor for the
purpose of securing business. For breach or violation of this warranty
the Subgrantee shall have the right to terminate this Agreement in accord-
ance with the termination clause and, in its sole discretion, to deduct
from the Agreement price or consideration, or otherwise recover, the full
amount of such commission, percentage, brokerage, or contingent fee.
14. Validity. The invalidity in whole or in part of any provision of this '
Agreement shall not void or affect the validity of any other provision
of this Agreement.
15. California law. This Agreement shall be governed according to the laws
of the State of California.
16. Exclusion from Competition. Requests for proposal or invitations for
bid issued by the grantee or a subgrantee to implement the grant or
subgrant project are to provide notice to prospective bidders that
the LEAH organizational conflict of interest provision is applicable
in that contractors that develop or draft specifications, requirements,
statements of work and/or RFPs for a proposed procurement shall be
excluded from bidding or submitting a proposal to compete for the award
of such procurement. See LEAA Guideline Manual M 7100.1A, Chapter 3,
paragraph 49e.
OO-4U6
1 •
• r
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 , 19 78
In the Matter of
Completion of Private
Improvements in TBinor
Subdivision 246-76,
Alamo Area.
The Director of Building Inspection having notified this
Board of the completion of private improvements -in Minor Subdivision
246-76, Alamo area, as provided in the agreement with RWC California
Company, a California Corporation, 34-B Alamo Square, Alamo, CA 945079
approved by this Board on September 6,1977;
IT IS BY THIS BOARD ORDERED that the private improvements in
said minor subdivision are hereby ACCEPTED as complete.
IT IS BY THE BOARD FURTHER ORDERED that Surety Bond No.
9043600 issued by Fidelity and Deposit Company of Maryland is hereby
EXONERATED.
PASSED by the Board on August 1, 1978.
1 hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisor on the date aforesaid.
Witness my hand and the Seal of the Board of
cc: RVIC Calif. Company Supervisors
Building Inspection (2) affixed this 1st day of August 19 78
J. R. OLSSON, Clerk
By� Deputy Clerk
Karin King
H-24 4/77 15m 00207
t
{T the Board of Supervisors
of
Conga Costa County, State of California
v
In the Matter of
County Justice System Subvention
Program.
The Board having received a July 19, 1978 letter from
Ms. Pearl S. liest, Director, State Department of Youth Authority,
transmitting information with respect to the County Justice System
Subvention Program and stating that appointment of a County Justice
System Advisory Group would be helpful in the implementation of the
program;
IT IS BY THE BOARD ORDERED that the aforesaid communcation
is REFERRED to the County Administrator and the County Probation
Officer.
PASSED by the Board on August 1, 1978.
I hereav certify that the foregoing is a true and correct copy of an order entered on the
minutes of said aocrd of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
CC : County Administrator Supervisors
County Probation Officer affixed this 1st day of August 1978
r-j . O SSON, Clerk
By ti ,� �.n �' ` 17eputy Clerk
—:�ionda Amdahl
po2a8
H-24 4/77 15m
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 , , 19 78
In the Matter of
In the Matter of a Public fearing
on the Proposed Widening of State
Route 4
In reference to a July 18, 1978 referral from the Board of Supervisors,
the Public Works Director having recommended that the Board not respond to a Notice
of Opportunity for a Public Nearing on the proposed widening of State Route 4 from
Borden Junction to west of Old River Bridge, issued by CALTRANS,
IT IS BY THE BOARD ORDERED that the recommendation of the Public Works
Director is APPROVED.
PASSED by the Board on August 1 , 1978.
hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
Originator: Public Works Department Supervisors
Administration affixed this 1st day of August , 19 78
cc: Public Works Director
County Administrator � R. OLSSON, Clerk
By n7� Q, � -i �s��+••}• Deputy Clerk
Sandra L.�Jielson
00209
H-24 4177 15m
� - CONTRA COSTA Cora n'y
PUn:Jr.0 WORKS D=E_A_RT2—.\TT
P.Tart�:1eZ� Cc�,11iC�^�3
TO: Board of Supervisors
FP.OM: Vernon L. Cline
Public :storks Director -
SUBJECT: Agenda for Tuesdav, August 1, 1978
R1PORTS
Report A. PUBLIC HZkRM'G ON PROPOSED WIDENIZIG OF STATE ROUTES 4 , CONTRk COSTA
COUYTY
On July 18, 1978, the Board of Supervisors referred a copy of a
Notice of Opportunity for a Public Hearing on the proposed widening
of State Route "_ in Contra Cos4a County from Borden Junction to
west of Old _River Bridge to the Public Works Director for advice as
the need for a public nearing.
The project consists of widening the existing 22-foot-wide, 2-lane
road, with no shoulders, to a standard 40-foot-;aide, 2-lamed road,
with emergency shouiders. This project is being finar_ced by the
develomers of Discovery Bay w].i'_h all design and Can St.—actic-n enginee_-
ing being provided by C sL rW S. Trus far, public reaction to this
project has been mini-mal, and it is our recomraandatio n that the Board
of Supervisors not indicate a need for a public heating. if the
Board conc'..'_`s in this reco mandationi no response to -.he n0mice is
nec_=ssa-:-v.
amort EIEERGENCY MEDICAL CARC%LMITTEE PZCO!0=ND3T.1ONS
Juiy 5, 1978, the Board of Supervisors refe'Tred a 1tar from the
Ere_ ercv Medical Care Cc:.. i ttee of Contra Costa 5PW15ty to the Public
Ko_ks *rector. The le tter c0_n:.ai ned three re ., endations based on
ti'he COnM U ae r s review of the phase I repo s. of the COs,=L m:nica ions
Cons lidati0_. tudy T eazm.
The following is t ._ r25aOnse of a Co.—mmu,nica-io:?s Con Solidati on
Studv Team to those re :-men dm* _.Ons:
Ei th respect to -a sincl e___ one number for EMS.
All Of the alt- _ve public safe,. diEm
plans Set fOZs�.'h by
the Com—m icat; :_s Consolidation Stud- ill have911. This will
Dro Ji Cle cit' _ns entry into the F�_;'IS sysno-t-011 -1 basis (roll
'the e^_tIr CouTnty. The 911 pro9_-am is g on schedule and the,
final an for
ti-
County and its agenc - with the S t ate
Jul , 1978.
{Cor_ next pag
- 00210
A G E N D A Public W:o,ks Depar-mert
page 1 of 12 August 1, 1978
Microfilmed with board order
In the Board of Supervisors
or
r
Contra Costa County, Stcte of California
-Atilgi 19
In the Matter of
Petition with respect to
11r. GI-enn Salyer` s Notice
to Terminate Employment
with the Countv.
Mme. Willie F. Dorsey having appeared and presented a
petition requesting that the Board of Supervisors encourage
Mr. Glenn Salyer of the Building Inspection Department to withdraw
his notice to terminate employment with the County;
IT IS BY THE BOARD ORDERED that the aforesaid petition
is REFERRED to the County Administrator for review and report to
the Board.
PASSED by the Board on August 1, 1978.
1 hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
CC: Mr. W. F. Dorsey Supervisors
County Administrator 1st August 78
Building Inspection affixed this day of 19
J. R OLSSON, Clark
By �' Deputy Clerk
Ronda Amdahl
00211
H-24 4/77 15m
In the Board of Supervisors
of
Contra Costa County, Stag of California
August 1 , 19 78
In the Matter of
Appeal regarding termination of
CETA Title 1 contract with
Mt. Diablo Rehabilitation Center.
On July 5, 1978, the Board having referred to the Internal Operations
Committee (Supervisors Boggess and Kenny) the matter of an appeal from the
Mt. Diablo Rehabilitation Center from action of the Manpower Advisory Council
relating to termination of its CETA Title 1 contract with the County; and
The Internal Operations Committee having submitted its report to the
Board on July 25, 1978; and
The Board having deferred to August 1 , 1978 decision on the recommenda-.
tion of the Internal Operations Committee concerning the termination of the
aforementioned contract; and
The Board having now considered this matter and heard from Mrs. Judy
Ann Miller, Manpower Program Director, concerning the high administrative
costs of operating this specialized program for the handicapped who could
be served through four other CETA units in the County at reduced cost, said
reduced costs being corpatible with reduced revenues from the Department of
Labor for fiscal year 1978-79; and
The Board having also heard from Annis Arthur, representing the
specialized unit, and Mr. Larry Hunn, Director of the Mt. Diablo Rehabilitation
Center, that the administrative costs for administering this specialized
program for 54 persons are not exorbitant in view of the particular success
of the program; and
The Board members having indicated their intent to fund this specialized
program for the handicapped at least to the level of $75,000 for fiscal year
1978-79 by reducing the allocation to the other four CETA units in the County
by approximately 3%, which would represent a commensurate reduction in program
for the Mt. Diablo Rehabilitation Center as the reductions being proposed for
the other four units;
IT IS BY THE BOARD ORDERED that the matter of the appeal from the Mt. Diablo
Rehabilitation Center relating to termination of its CETA Title 1 contract is
HEREBY REFERRED to the Manpower Advisory Council for further review and report
back to the Board on August 8, 1978.
PASSED BY THE BOARD ON AUGUST 1 , 1978.
1 hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Ori g: Human Resources Agency Witness my hand and the Seal of the Board of
Manpower Director Supervisors
Contracts Administrator affixed this 1st day of August 1978
Mt. Diablo Rehab Center
Manpower Adv. Council
County Administrator J. R. OLSSON, Clerk
County Auditor
Internal Operations CommitteeBy -r- raig Deputy
Cleric
00; 12
H-24 4/77 15m
clg
In tha Board of Sup.-rvis=
Of
Contra Costes County, State of California.
August 1 79 78
In the Matter of
Policy Issue concerning the
closure of the Concord dental
Health Clinic.
On July 25, 1978, the Board having deferred to August 1 , 1978
a decision on the matter of closing the Concord Mental Health Clinic,
the aforesaid matter having been reported on by the Finance Committee
(Supervisors Hasseltine and Fanden) as Policy Item No. 8 in a report
to the Board dated July 25, 1978; and
The Board having now considered the aforementioned policy item
on this date;
IT IS BY THE BOARD ORDERED that the matter of closing the Concord
Mental Health Clinic is REFERRED to the Internal Operations Committee
(Supervisors Boggess and Kenny) for report back to the Board.
PASSED BY THE BOARD ON AUGUST 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Orifi: Hwmain Resources Agency Witness my hand and the Seal of the Board of
Medical Director Supervisors
Mental Health Director g xed this 1t_doy of AT,�tiG-r 19�
Internal Operations Committc.T
County Administrator f
J. R. OLSSON, Clerk
By Deputy Clerk
Mar�Craio
H-24 4177 15m 00213
clg
In the Board of Supervisors
of
Contra Costa County, State of California
Au ust 1 , 19 78
In the Matter of
Authorizing Execution of a Lease
with Bernard C. Berger for the
. premises at 1063 San Pablo Avenue,
Pinole
IT IS BY THE BOARD ORDERED that the Chairman of the Board of
Supervisors is AUTHORIZED to execute on behalf of the County a lease commencing
September 1 , 1978 with Bernard C. Berger for the premises at 1063 San Pablo Avenue,
Pinole, for occupancy by the Tri-Cities Discovery Center, Incorporated.
PASSED by this Board on AuEus t 1, 1978
hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Originator: Public Works Department Witness my hand and the Seal of the Board of
Lease Management Division Supervisors
affixed this 1st day of August 19 78
cc: County Administrator
Public Vorks Department
J. RDeputy
OLSSON, Clerk
County Auditor-Controller (via L/M) Cterk
Lessor (via L/M) By
Buildings & Grounds (via L/M) narin r. n ;
IN
00214
H-24 4/77 15m
LEASE
Tri-Cities Discovery Center
1063 San Pablo Avenue, Pinole
1 . PARTIES: Effective on AUG 1 1978 BERNARD C. BERGER, hereinafter called
"LESSOR", and the COUNTY OF CONTRA COSTA, a political subdivision of the State of Calif-
ornia, hereinafter called "COUNTY", mutually agree and promise as follows:
2. LEASE OF PREMISES: LESSOR, for and in consideration of the rents, hereby leases to
COUNTY and COUNTY accepts and takes those certain premises commonly known as 1063 San
Pablo Avenue, Pinole, California, consisting of approximately 900 square feet of office
space, together with non-exclusive use of the building parking lot, and shown on Exhibit
"B" attached hereto and made a part hereof.
3. TERM: The term of this lease shall be for four (4) years and nine (9) months commenc-
ing September 1 , 1978 and ending May 31 , 1983.
4. HOLDING OVER: Any holding over after the term of this lease as provided hereinabove,
shall be construed to be a tenancy from month to month subject to the terms of this
lease, as applicable.
5. RENTAL: COUNTY shall pay to LESSOR as rent for use of said premises a monthly
rental of 5468.00 per month in advance on the 10th day of each month during the term of
this lease. Payments are to be sent to LESSOR at 1063 San Pablo Avenue, Pinole, CA
94564.
6. USE OF PREMISES: The premises shall be used during the term and extension hereof
for purposes of conducting various office functions.
7. MAINTENANCE AND REPAIRS:
A. LESSOR shall keep the roof and exterior of the building in good order, condition
and repair, including exterior doors and their fixtures, closers, and hinges. LESSOR
shall maintain the structural integrity of the building. COUNTY shall maintain all
locks and key systems used in the demised premises.
B. COUNTY will maintain any and all interior electrical , heating, ventilating and
air conditioning, interior water and interior plumbing systems, except COUNTY shall
not be responsible for major repair or replacement of said systems. COUNTY will
replace any and all electrical lamps and ballasts in the lighting system after total
original lamping by LESSOR.
C. COUNTY shall keep and maintain the interior of the premises in good Order, con-
dition and repair, ordinary wear and tear excepted, but LESSOR shall repair damage
to the interior caused by failure to maintain the exterior in good repair including
damage to the interior caused by roof leaks and/or interior and exterior wall leaks.
-1- 00215
0. COUNTY shall replace any glass windows broken in the demised premises.
E. LESSOR shall provide and install at the direction of the Fire Marshal the
necessary number and type of A-B-C fire extinguishers for the premises at no
cost to COUNTY. COUNTY shall thereafter maintain, repair, and replace said
extinguishers.
F. COUNTY shall not suffer any waste on or to the demised premises.
G. COUNTY shall not be held liable or responsible for any repair and/or replace-
ment of any part of any system or improvement under warrantly. LESSOR shall furnish
COUNTY with three (3) copies of warranties, parts lists, and operating instructions
for all mechanical systems maintained by COUNTY prior to occupancy.
H. LESSOR shall be responsible for the correction of any applicable building code,
CAL/OSHA and/or Fire Code Violations; provided that LESSOR shall not be liable for
correction of said Code Violations which arise out of and are directly related to
a change in the COUNTY's occupancy or use of said premises.
8. ACCOMPLISHMENT OF IMPROVEMENTS:
A. LESSOR shall construct improvements per plans and specifications labeled Exhibits
"A" and "B" which are attached hereto and made a part hereof.
LESSOR shall not make or cause to be made any changes in plans or specifications
without the prior written consent of COUNTY. LESSOR shall make changes, additions
or deletions upon written change order from COUNTY. COUNTY shall receive full credit
for any deletions. Changes and additions shall be charged at a rate not to exceed
direct cost plus 15%. COUNTY hereby reserves the right to inspect during construc-
tion of improvements as specified herein but will not interfere with LESSOR's work
and will notify LESSOR in writing of any requests, recommendations or discrepancies.
B. In the event LESSOR cannot deliver premises on September 1 , 1978, as provided
hereinabove, rent shall be prorated from the date premises are completed and accepted
by the COUNTY.
The sole basis for disapproval of the premises shall be non-conformity with
plans and specifications or applicable laws or ordinances. In the event COUNTY
disapproves of the premises, it shall provide LESSOR with a reasonable detailed list
of the deficient portions or details of the premises.
Anything contained herein to the contrary notwithstanding, the dates in this
paragraph 8B, and in paragraph 3, TERM, shall be extended by the time lost as a
result of work stoppages, or material shortages, or Acts of God; provided that such
time lost is beyond LESSOR's control .
-2-
00215
9. UTILITIES AND JANITORIAL: COUNTY shall pay for all sewer, gas, electric, janitorial
and refuse collection services provided to the demised premises. LESSOR shall provide
water service to the demised premises.
10. ALTERATIONS, FIXTURES AND SIGNS: COUNTY may make any lawful and proper minor alter-
ations, attach fixtures and signs in or upon the premises which shall remain COUNTY
property and may be removed therefrom by COUNTY prior to the termination of this lease,
all signs to meet with existing Code requirements and LESSOR's approval . Any such alter-
ations, signs or fixtures shall be at COUNTY's sole cost and expense.
11 . HOLD HARMLESS: It is understood and agreed that LESSOR shall not in any way be
responsible for damages to persons or property in and upon said premises and shall not
be held liable for any liability, claim or suit for damages to the person or property
while in or upon said premises on business of COUNTY or any Sublessee of COUNTY and
COUNTY hereby agrees to defend, indemnify, and hold harmless LESSOR from any liability
or charges of any kind or character by reason of such injury or damage claim or suit
for liability arising therefrom in, around or upon said leased premises, except in the
case of any structural , mechanical or other failure of equipment or building owned by
LESSOR which results in damage to any person or property, LESSOR will be held liable.
LESSOR agrees to defend, indemnify and hold COUNTY completely harmless from damages
to persons or property and COUNTY shall not be held liable for any liability, claim, or
suit for damages to the persons or property when and if said persons or property are in
or upon the demised premises and not on business of COUNTY or any Sublessee of COUNTY.
12. DESTRUCTION:
A. In the event of damage causing a partial destruction of the premises during the
term of this lease from any cause, and repairs can be made within sixty (60) days
from the date of the date of damage under the applicable laws and regulations of
governmental authorities, LESSOR shall repair said damage promptly and within a
reasonable time, but such partial destruction shall in nowise void this lease
except that COUNTY shall be entitled to a proportionate reduction of rent while
such repairs are being made, such proportionate reduction to be based upon the
extent to which the portion of the premises usable by COUNTY bears to the total
area of the premises.
B. If such repairs cannot be made in sixty (60) days, LESSOR may, at his option,
make the same within a reasonable time, this lease continuing in full force and
effect and the rent to be proportionately reduced as provided in the previous
paragraph. In the event LESSOR does not so elect to make such repairs which cannot
be made in sixty (60) days, or such repairs cannot be jade under such laws and regu-
lations, this lease may be terminated at the option of either party.
00217
-3-
C. A total destruction of the premises or the building in which the premises are
located shall terminate this lease.
13. ASSIGNMENT AND SUBLETTING: COUNTY intends to sublet the premises to the Tri-Cities
Discovery Center, Inc.
14. QUIET ENJOYMENT: LESSOR covenants that COUNTY shall at all times during the said
term peaceably and quietly have, hold and enjoy the demised premises without suit,
trouble or hindrance from or on account of LESSOR as long as COUNTY fully .performs here-
under.
15. DEFAULTS: In the event of COUNTY breach of any of the covenants or conditions
herein, including rent payment, LESSOR may re-enter and repossess the premises and re-
move all persons and property therefrom. In the event of such a breach by LESSOR,
COUNTY may quit the premises without further cost or obligation or may proceed to repair
the building or correct the problem resulting from the breach and deduct the cost thereof
from rental payments due to LESSOR, provided that COUNTY has given LESSOR written notice
of said breach and provided that LESSOR has not made a substantive effort to correct
said breach.
16. SURRENDER OF PREMISES: On the last day of the said term, or sooner termination
of the lease, COUNTY will peaceably and quietly leave and surrender to LESSOR these
premises with their appurtenances and fixtures (except signs and fixtures referred to
hereinabove) in good order, condition and repair, reasonable use and wear thereof and
damage by earthquake, fire, public calamity, by the elements, by Act of God, or by
circumstances over which COUNTY has no control excepted. COUNTY shall not be liable
for painting the interior of the demised premises upon termination of this lease.
17. TAXES: COUNTY shall pay to LESSOR within thirty (30) days after being requested
to do so by said LESSOR, as additional rental , 20% (percent) of the City and/or COUNTY
taxes levied against the demised premises (Assessor's Parcel 402-110-006) in any year
during the term of this lease or extension thereof. Said request must include a copy of
the tax information card. During the first and last years of occupancy, said taxes shall
be prorated according to COUNTY's occupancy of said premises.
18. INSPECTION: LESSOR may enter the premises between the hours of 9:00 a.m. and 5:00
p.m. , Monday through Friday, holidays excepted, and may employ proper representatives to
ensure that the property is being properly cared for, that no waste is being made, and
that all things are done in the manner best calculated to preserve the property and in
full compliance with the terms and conditions hereof.
-4-
00218
19. SUCCESSORS: The terms and provisions of this lease shall extend to and inure to
the benefit of the heirs, executors, administrators, successors, and assigns of the
respective parties hereto, jointly and severally.
20. RECORDING: A Memorandum of Lease shall be executed and recorded by the parties
hereto. This will be in lieu of recording the entire instrument.
21. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this lease.
COUNTY LESSOR
COUNTY OF CONTRA COSTA, a
political subdivision of e
State of California By
Bernar4. Brger
By
✓ �. 1.Schroder
Chairfan, Board of Supervisors
ATTEST: J. R. OLSSON, Clerk
By --{�
Deputy
RECOMMENDED FOR APPROVAL:
By /e&/ "�71
County dmi trato
l �J
By �(
Deputy- public Works rector
Buildings and Grounds
By
Lease Management
APPROVED AS TO FORM:
JOHN B. CLAUSEN, County Counsel
By
Deputy
00219
-5-
EXHIBIT "A"
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
BUILDINGS AND GROUNDS
COUNTY REQUIREMENTS FOR LEASED SPACE
Tri-Cities Discovery Center
1063 San Pablo Ave., Pinole
A. PLANS, SPECIFICATIONS AND RELATED DOCUMENTS
1. For Both New and Existing Facilities: LESSOR shall furnish upon completion of
all leasehold improvements included in the lease provisions: two (2) copies of
complete as-built plans plus one (1) reproducible set, including notes indica-
ting revisions to original construction plans.
2. LESSOR shall not proceed with any work involving modifications or improvements
or initial construction of facilities for COUNTY occupancy, when such work is
directly related to or will affect COUNTY's occupancy without prior written
approval of applicable plans, specifications and related documents by author-
ized representative of COUNTY. LESSOR shall allow COUNTY at least ten (10)
working days for review of documents prior to requesting written approval.
3. Plans and Specifications shall be submitted to and an appropriate permit
obtained from the local Building Official of the jurisdiction in which the
facilities are located.
4. Gas and electric services to COUNTY-occupied area shall be provided with
separate meters. LESSOR shall have all utilities in servicr or turned on at
least ten (10) days prior to COUNTY occupancy. COUNTY will transfer all ser
vices to COUNTY's accounts upon commencement of occupancy or upon receipt of
Certificate of Occupancy if such pre-dates occupancy by COUNTY.
B. CODE REQUIREMENTS
1 . Building and its components shall meet all applicable local codes and ordinances.
LESSOR shall furnish to COUNTY a copy of a duly executed "Certificate of Occu-
pancy" form appropriate agency of local jurisdiction prior to acceptance of
improvements as complete to COUNTY.
2. Building and its components shall comply with requirements of Cal/OSHA (Title
8, CAC) and LESSOR shall correct all discrepancies noted during pre-occupancy
inspection at no additional cost to COUNTY.
3. Facilities for handicapped persons shall be provided in accordance with the
current edition of the Uniform Building Code (1976) and applicable State
statutes.
4. Exit signs shall be installed per code and shall be reviewed and approved by
Fire Marshal of local jurisdiction.
Microfilmed with board order
- 1 -
00220
B. CODE REQUIREMENTS (cont'd)
5. Fire extinguishers and associated identification/direction signing shall be
provided by LESSOR. Fire extinguishers shall be commercial grade (Ansui or
General brand) with hose nozzle, ABC dry powder and rechargeable.
6. All material shall be new and unused unless written permission is granted by
COUNTY for specific items.
7. All work shall be accomplished in a first class and workmanlike manner.
C. INTERIOR FINISHES
1. Cabinetry and Casework
A. General:
(1) Shop drawings: Required for all manufactured items. Furnish to County
Building Maintenance Department for their approval . Do no manufac-
turing until receipt of approved drawings.
(2) Verify all dimensions at the building.
B. Lumber and Wood Products:
(1) Conform to standards established for the grade.
(2) All lumber and plywood shall be Custom Grade, no particle board,
exceptions noted.
(3) Miscellaneous millwork - Douglas Fir Shelves - Douglas Fir plywood
edgebanded w/ birch. Wood for concealed construction:
a. Surfaces to receive plastic laminate; waterproof particle board.
b. All other areas - Douglas Fir.
(4) Casework, Cabinet Doors and Drawer Fronts:
a. Edge banding: Birch
b, Faceframes: Birch
c. Doors/Drawers : Birch plywood
(5) Plastic Laminate: Custom Grade, color and pattern as selected by
County,
C. Manufacturing and Installation Standards:
(1) All cabinet work shall be securely anchored and accurately aligned.
All drawers and doors shall operate freely, provide glides for all
drawers, see hardware schedule; all shelves shall be adjustable.
2. Ceilings
a. General standard shall be acoustical tile Glue-on
b. Tile shall match existing.
00M
C. INTERIOR FINISHES (cont'd)
2. Ceilings (con t'd)
c. Fire rating of ceiling assembly shall comply with local building code
requirements.
3. Window Treatment
a. Adequate consideration shall be given to solar heat load on, and security
of, exterior building glass areas. Some means of minimizing solar load as
well as providing adequate security shall be included. Comply to regula-
tions establishing minimum energy conservation standards for non-residen-
tial buildings.
b. Interior window treatment, where required, shall be drapes, material ,
pattern and color to be submitted to County for selection and approval ,
drapes which are required to be flameproof shall be permanent flameproof
material and installed with certificate and/or label approved by Local fire
district.
4. Floor Covering
a. Carpet in areas as indicated on plan by County, shall be Patrick - Heather-
loc, minimum 26 oz. face weight, direct glue down per manufacturer's
instruct,ions. No pad except as noted on plan. Carpet to have antistatic
conductor back, man-made fabric, pattern and color to be selected by County.
Rubber base to be installed over carpet.
Pile Yard: DuPont Antron III filament nylon with static control.
Face Weight: 26 oz.
Gauge: 5/32"
Stitches Per Inch: 10
Pile Height: 3/16"
Primary Back: Polypropylene
Total Weight/sq.yd. 68 oz.
b. All toilet rooms to have sheet vinyl floors with cove base. Ceramic tile
wainscots on walls of toilet rooms up four feet from floor. Pattern and
color selection by County.
c. Extra Materials:
(1) Carpeting: Provide one piece, 6 ft. x 9 ft. , of carpet material for
each pattern and/or color installed, for patching and repairing use.
(2) Vinyl wall: Min. - 16 LF. - 54" wide.
(3) Acoustical Ceil Tile: 1 carton.
5. Painting and Vinyl Wall Covering:
a. Public waiting rooms and corridors to be vinyl covered, material to be
selected and/or approved by COUNTY.
- 3 - 00222
C. INTERIOR FINISHES (cont'd)
5. Painting and Vinyl Wall Covering (cont'd)
b. All colors shall be approved by COUNTY from color schedule submitted by
LESSOR. Coverage shall be complete, without holidays, hot spots, runs,
etc. , to the satisfaction of COUNTY. Prepare and sand all surfaces for
proper condition and appearance. Minimum coverage shall be as follows:
Toilet Room Areas: One coat primer and one coat stipple enamel .
Cabinets: One coat sealer and one coat laquer.
Doors: Wood - natural finish with one coat sealer.
Metal - factory prime and one coat enamel .
Frames: Two coats enamel trim.
All above are minimum standards and additional coats shall be applied where
necessary to obtain complete coverage.
6. Partitions
a. Floor to Ceiling: Wood or metal studs with 5/8" gypboard and comply to
code.
Finish: See finish schedule.
7. Acoustical Treatment/Insulation
a. LESSOR shall give due consideration to and made appropriate provision for
minimizing sound transmission between office spaces and from high noise
level areas (Xerox rooms, toilet rooms, equipment rooms, etc.) .
b. All new full-height walls shall be rated as minimum STC of 43.
c. Outside perimeter walls to be insulated R-11 factor (new const. ).
D. SPECIAL USE AREAS
1 . Toilet Rooms
a. Adequate lighting shall be provided in order to aid sanitary maintenance.
b. Install ceramic tile wainscot and comply with local code requirements.
c. LESSOR shall provide and install all door hardware, plumbing and lighting
fixtures, and toilet partitions including coat hooks and handicapped grab-
bars. All other accessories (towel dispensers, mirrors, etc.) will be
supplied by COUNTY and installed by LESSOR.
d. Ventilation, wall and floor construction shall be in accordance with local
codes.
- 4 - 00440
E. HARDWARE
1 . COUNTY will provide to Owner's Contractor a complete list of door hardware
required. The COUNTY will also provide a keying schedule for use by the Hard-
ware Supplies.
2. Door locksets shall be Sargent-Series Magna 8 line with forged knobs and
escutcheons with FED 161 cutout. Keyways and pinning schedules shall be deter-
mined by COUNTY to coordinate with master keying schedule. No substitution in
lieu of Sargent locks will be considered.
3. Keying:
a. All keyed locks shall be passed by the existing County Grand Master Key.
All lock cylinders are to be Grand Mastered, Sub-Mastered, Building-Mastered
and set keyed.
b. Keys: Stamp all keys "DO NOT DUPLICATE".
(1) Furnish three keys per lock with an additional three keys for each set;
three keys for each Sub-Master; three keys for each Building-Master;
and 20 stamped key blanks in the Job Keyway.
(2) All keys are to be tagged with the hardware item number, door number,
and room number from plans and delivered directly to the County
Building Maintenance Department by hardware supplier.
(3) Upon receipt of the locksets and cylinders from the factory, the
hardware supplier shall notify the County Building Maintenance Depart-
ment that the keyed locks and cylinders are ready to be checked for
the keying requirements set forth in the keying schedule. After the
keyed locks and cylinders have been checked against the keying
schedule and corrections made, the COUNTY will accept the keys for
the job, and the keyed locks will be delivered to the job.
4. Panic hardware and door closers shall be installed per the requirements of the
local fire marshal . On all wood doors requiring panic bars and/or closers,
such hardware shall be installed with sex bolts.
5. All exposed hinges on exterior doors shall be non-removable pin (NRP) type.
6. Door closers shall be Sargent 1230 or approved equal.
7. Provide door bumpers - Sargent or approved equal.
8. Drawer slides - Knape/Vogt T 1280P
9. Butt hinges - McKinney TA 2714 or equal.
10a. Cabinet Hinges - 30° reverse bevel doors - National Lock Co. C325 or equal .
10b. Cabinet Hinges - glush doors - McKinney 2743 or equal .
- 5 - 004224
F. , MECHANICAL AND PLUMBING SYSTEMS
1 . Heating, Ventilating and Air Conditioning
a. All equipment shall be commercial grade, adequately sized for the follow-
ing design criteria:
(1 ) Heating:
Design temperature indoor: . 72°F at five-foot level above floor.
Design temperature outdoor: 350f ambient.
(2) Cooling:
Design temperature indoor: 75°F - DB at five-foot level above floor.
Design temperature outdoor: 95°F - DB and 67°F - WB ambient.
(3) Ventilation:
Air supply shall be a minimum of one and one quarter (1-1/4) CFM per
square foot of floor area.
b. Both heating and cooling equipment may be either roof-mounted or conven-
tional central system. Cooling equipment shall have refrigerated, air
cooled condensing units or central "wet" cooling tower. Heating equipment
shall have gas-fired furnaces with circulating blower, NO HEAT PUMPS OR
ELECTRIC HEAT.
c. Blower operation shall be continuous and scheduled by time clock (seven
day) with carry-over and skip-a-day features, electric spring-wound, with
by-pass timers. Time clock to be located inside building, by-pass timers
to be located as indicated on plan by COUNTY. By-pass timers shall be
Mark-Time, 60 minute without hold feature.
00
- 6 -
F. MECHANICAL AND PLUMBING SYSTEMS (cont'd)
1. Heating, Ventilating and Air Conditioning (cont'd)
d. Freezestats shall be installed in conjunction with high and low pressure
switches at each unit. A.C. Compressors to have crankcase heater.
e. Zone areas with separate furnaces and/or re-heat coils in ducts shall be
controlled with separate ductstats or thermostats and controls.
f. Install extractors for all branch ducts and turning vanes at all bends.
g. Noise.emission from blowers, ducts, registers or other mechanical equipment
to any occupied area shall be below NC35.
h. Distribution of supply air shall be through quality (Environmental Air
Products, Lillard Co. , Walnut Creek, Model CB-OB Alun. - or equal) adjust-
able registers with opposed blade/dampers located to deliver quiet, draft-
free air movements, also to affect cold air currents from exterior walls.
All totally enclosed offices to have supply and return registers.
i . All conference rooms, and other assembly areas for concentrated use, shall
be provided with room exhaust fan(s) (ILG or Greenheck) with two-speed
motor, ducted to exterior of buildings, controlled by wall switch with
indicator light, and sized to exhaust at least thirty percent (30%) of
supply air to room (variable speed controller with indicator light is
acceptable).
2. Plumbing Fixtures
a. Water Closets:
Only Flushometer units will be installed for new construction. Tank-type
units may be used in existing structures with prior written approval of
COUNTY.
(1 ) Flushometer - F2222.016 (less seat) Madera, with Church seat 5320.114;
Sloan Royal 112YV Flushometer.
(2) Tank Type - American Standard F2109.056, (less seat) "Cadet" toilet
combi nation.
(a) Seat - American Standard Church 5320. 114, elongated bowl , open
front, no cover, white.
b. Lavatory:
(1) Wall-hung American Standard P-4869.020, 20" x 18" - "Regalyn" C.I.
white enameled lavatory with:
(a) 4" center set Delta #500 and perforated P/0 plug.
(b) 1-1/2 x 1-1/4 P traps shall be 17GA. Polished c/p brass (not
satin chrome).
(c) C/P Speedway Mfg. ;CR-1912A polished C/P stops and smooth 3/8"
O.D. supply tubing (no corrugated flexible supply tubing will, be
accepted).
�� �
F. MECHANICAL AND PLUMBING SYSTEMS (cont'd)
2. Plumbing Fixtures (cont'd)
c. Sink: Re-use existing
d. Where wall-hung fixtures are installed, seal with white silicone caulking
material.
G. ELECTRICAL
1 . Lighting:
a. Lighting shall be adequate to deliver 80-100 foot candles at desk-top level
in all areas except stairwells, corridors and storage and storage areas
where a minimum of 50 foot candles at floor level is required.
b. Provide security lighting at all exterior doors.
c. Night and exit lights to code, rechargeable dry cell battery emergency
lights as required by fire marshall , local agencies, or as shown on plans.
d. Ballast shall be "A" rated, Class P-CBM Certified and free from any objec-
tionable hum or vibration at time of acceptance for occupancy. DRI-LOK
ballasts not acceptable.
e. All light switching to be by wall switches or contactors. No swithcing
from breakers.
f. All fixtures to have lens and/or guard, no bare or exposed lamps or bulbs.
2. Telephone Systems:
a. Conform to telephone company requirements for space, conduits, power,
panels, ventilation and dust control .
b. Telephone terminal boards, panels, etc. shall be enclosed for both equip-
ment and occupant protection.
c. Submit for COUNTY review and approval complete office layout for location
of outlets prior to commencement of any installation work.
3. General :
a. All bus bars in all panels shall be copper.
b. All wiring shall be copper.
c. Electrical convenience outlets shall be arranged in balanced circuits.
d. Main service/distribution panels shall be located in separate room(s).
e. Clock outlets shall be provided in all major office and lobby spaces by
LESSOR. Clocks will be supplied by COUNTY.
f. All EMT connectors to be compression type.
- 8 -
00, 21
G. ELECTRICAL (cont'd)
g. Index all panels with either typed index or phenolic labels indicate locations
and/or function.
h. Stripe floor areas to 30 inches in front of telephone & electric panels (carpet
excepted).
i. All surface mounted wiremold to be painted to match color of wall surface on
which it is installed.
j. All three phase electric motor controllers shall have included in the control
circuits, a phase sequence and mounter (Watsco Cat. #SLA (insert voltage) ALF,
manufactured by Diversified Electronics Inc. ) to provide motor protection when:
Nb
phases are changed
line voltage drops below 90%
(c) line voltage exceeds 115%
(d) When any phase of three-phase system is lost, all functions may be
controlled by a single monitor.
H. PARKING FACILITIES
1 . Provide adequate number of parking spaces for employees and clientele on basis
of occupancy.
2. Provide handicapped person parking space as near to the main public entrance as
possible with proper sign indicating "Handicapped Parking".
3. Provide parking area lighting, luminares with photo-cell control and bypass
switch or time clock.
* END
UU;28
- 9 -
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CONTRA COSTA COUNT
PUBLIC WORKS DEPARTMI
}{ M"TINIZ,CALWO/ht•
7 hLMCt :L FO;
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••r j 1
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 , i9 78
In the Matter of
Authorizing Execution of a
Sublease to the Tri-Cities Discovery
Center, Incorporated
for the premises at
1063 San Pablo Avenue, Pinole
IT IS BY THE BOARD ORDERED that the Chairman of the Board of Supervisors
is AUTHORIZED to execute on behalf of the County a Sublease commencing September 1 ,
1978 to Tri-Cities Discovery Center, Incorporated for the premises at 1003 San Pablo
Avenue, Pinole, for occupancy by the Tri-Cities Discovery Center, Incorporated.
PASSED by this Board on August 1, 1978
1 heraby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
Originator: Public ltorks Department Supervisors
Lease Management Division affixed this 1st day of A.uaust 1978
cc: County Administrator
Public Vlorks Department J. R. OLSSON, Clerk
County Auditor-Controller (via L/M) B Deputy Clerk
Sublessee (via LIM) y Karin King, —J p
Buildings & Grounds (via L/M)
H-24 4/77 15m
t '
SUBLEASE
Tri-Cities Discovery Center
1063 San Pablo Avenue, Pinole
A!j
1. PARTIES: Effective on TRI-CITIES DISCOVERY CENTER,
INCORPORATED, hereinafter called "LESSEE", and the COUNTY OF CONTRA COSTA, a political
subdivision of the State of California, hereinafter called "COUNTY", mutually agree and
promise as follows:
2. LEASE OF PREMISES: COUNTY, for and in consideration of the rents and other valuable
consideration, hereby leases to LESSEE and LESSEE accepts and takes those certain prem-
ises commonly known as 1063 San Pablo Avenue, Pinole, California, consisting of
approximately 900 square feet of office space, together with non-exclusive use of the
building parking lot, and shown on Exhibit "A" attached hereto and made a part hereof.
3. TERM: The term of this lease shall be for four (4) years and nine (9) months
commencing September 1 , 1978 and ending May 31 , 1983.
4. HOLDING OVER: Any holding over after the term of this lease as provided hereinabove
shall be construed to be a tenancy from month to month subject to the terms of this
lease, as applicable.
5. RENTAL: LESSEE shall pay to COUNTY as rent for use of said premises a rental of
$1 .00 per year, all payable in advance at the time of execution of this agreement.
6. USE OF PREMISES: The premises shall be used during the term and extension thereof
for purposes of conducting various office functions.
7. MAINTENANCE AND REPAIRS:
A. COUNTY shall keep the roof and exterior of the building in good order, condi-
tion and repair, including exterior doors and their fixtures, closers and hinges.
COUNTY shall maintain the structural integrity of the building. COUNTY shall
maintain all locks and key systems used in the demised premises.
B. LESSEE will maintain any and all interior electrical , heating, ventilating
and air conditioning, interior water and interior plumbing systems, except LESSEE
shall not be responsible for major repair or replacement of said systems. LESSEE
will replace any and all electrical lamps and ballasts in the lighting system
after total original lamping by COUNTY.
C. LESSEE shall keep and maintain the interior of the premises in good order,
condition and repair, ordinary wear and tear excepted, but COUNTY shall repair
damage to the interior caused by failure to maintain the exterior in good repair
including damage to the interior caused by roof leaks and/or interior and exterior
wall leaks.
Microfilmed with board ordw_ 1 _ OK 31
D. LESSEE shall replace any glass windows broken in the demised premises.
E. COUNTY shall provide and install at the direction of the Fire Marshal the
necessary number and type of A-B-C fire extinguishers for the premises at no cost
to LESSEE. LESSEE shall thereafter maintain, repair, and replace said extin-
guishers.
F. LESSEE shall not suffer any waste on or to the demised premises.
G. LESSEE shall not be held liable or responsible for any repair and/or replace-
ment of any part of any system or improvement under warranty. COUNTY shall
furnish LESSEE with one (1) copy of warranties, parts lists, and operating
instructions for all mechanical systems maintained by LESSEE prior to occupancy.
H. COUNTY shall be responsible for the correction of any applicable building
code, CAL/OSHA and/or Fire Code Violations; provided that COUNTY shall not be
liable for correction of said Code Violations which arise out of and are directly
related to a change in the occupancy or use of said premises.
8. UTILITIES AND JANITORIAL: LESSEE shall pay for all sewer, gas, electric, janitorial
and refuse collection services provided to the demised premises. COUNTY shall provide
water service to the demised premises.
9. ALTERATIONS, FIXTURES AND SIGNS: LESSEE shall not make any alterations, attach
fixtures or signs in or upon the premises without COUNTY's prior written approval.
Any such alterations, fixtures or signs shall be at LESSEE's sole cost and expense,
shall meet with existing Code requirements, and may be removed by LESSEE prior to the
termination of this lease.
10. HOLD HARMLESS: It is understood and agreed that COUNTY shall not in any way be
responsible for damages to persons or property in and upon said premises and shall not
be held liable for any liability, claim or suit for damages to the person or property
while in or upon said premises on business of LESSEE and LESSEE hereby agrees to
defend, indemnify and hold harmless COUNTY from any liability or charges of any kind
or character by reason of such injury or damage claim or suit for liability arising
therefrom in, around or upon said leased premises.
COUNTY agrees to defend, indemnify and hold LESSEE completely harmless from dam-
ages to persons or property and LESSEE shall not be held liable for any liability,
claim or suit for damages to the persons or property when and if said persons or prop-
erty are in or upon the demised premises and not on business of LESSEE.
11. INSURANCE: LESSEE shall procure and maintain at its own cost and expense at all
times during the term of this lease, owner's, landlord's and tenant's public liability
insurance covering and insuring all parties hereto (naming the COUNTY, its officers,
- 2 -
00
agents and employees as co-insured) against any accidents or injuries to persons or
property arising or occurring upon the premises demised herein, in a minimum combined
single limit of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00). Evidence of
such insurance shall be provided by LESSEE by filing with COUNTY, by the effective
date of this lease, a duly executed certificate to the effect that the insurance
required by this lease is extended in favor and consistent with the terms hereinabove
set forth. Said policy or policies or certificates shall contain a provision that
written notice of cancellation or any material change shall be delivered to COUNTY
thirty (30) days in advance of the effective date thereof.
12. DESTRUCTION:
A. In the event of damage causing a partial destruction of the premises during
the term of this lease from any cause, and repairs can be made within sixty (60)
days from the date of the date of damage under the applicable laws and regula-
tions of governmental authorities, COUNTY shall repair said damage promptly and
within a reasonable time, but such partial destruction shall in nowise void this
lease.
B. If such repairs cannot be made in sixty (60) days, COUNTY may, at its option,
make the same within a reasonable time, this lease continuing in full force and
effect. In the event COUNTY does not so elect to make such repairs which
cannot be made in sixty (60) days, or such repairs cannot be made under such laws
and regulations, this lease may be terminated at the- option of either party.
C. A total destruction of the premises or the building in which the premises are
located shall terminate this lease.
13. ASSIGNMENT AND SUBLETTING: LESSEE shall not assign or sublease any portions of
the premises without the prior written consent of COUNTY.
14. QUIET ENJOYMENT: COUNTY covenants that LESSEE shall at all times during the
said term peaceably and quietly have, hold and enjoy the demised premises without
suit, trouble or hindrance from or on account of COUNTY as long as LESSEE fully per-
forms hereunder.
15. DEFAULTS: In the event of LESSEE breach of any of the covenants or conditions
herein, COUNTY may re-enter and repossess the premises and remove all persons and
property therefrom. In the event of such a breach by COUNTY, LESSEE may quit the
premises without further cost or obligation provided that LESSEE has given COUNTY
written notice of said breach and provided that COUNTY has not made a substantive
effort to correct said breach. - -
- 3 - 004"33
16. SURRENDER OF PREMISES: On the last day of the said term, or sooner termination
of the lease, LESSEE will peaceably and quietly leave and surrender to COUNTY these
premises with their appurtenances and fixtures (except signs and fixtures referred to
hereinabove) in good order, condition and repair, reasonable use and wear thereof and
damage by earthquake, fire, public calamity, by the elements, by Act of God, or by
circumstances over which COUNTY has no control excepted.
17. INSPECTION: COUNTY may enter the premises between the hours of 9:00 a.m. and
5:00 p.m., Monday through Friday, or at any time in an emergency, and may employ proper
representatives to ensure that the property is being properly cared for, that no waste
is being made, and that all things are done in the manner best calculated to preserve
the property and in full compliance with the terms and conditions hereof.
18. SUCCESSORS: The terms and provisions of this lease shall extend to and inure to
the benefit of the heirs, executors, administrators, successors, and assigns of the
respective parties hereto, jointly and severally.
19. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this lease.
COUNTY LESSEE
COUNTY OF CONTRA CO T
political sub ' 's ' f the TRI-CITIES DISCOVERY CENTER, INCORPORATED
State of Ca f
0. I.Schroder
By By "CLa.j ' c� �cttic�oCe-��
Ch
man, Board of Supe isors
ATTEST: J. R. OLSSON, Clerk
By
Deputy
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
By_ 0,/' )�& JOHN B. CLAUSEN, County Counsel
County Acfninistrator
Y - y
Depu y Public Work# Director Deputy
Building and Grounds
By
Lease Management
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AtV.1 DAlt I t
In the Board of Supervisors �k
of
Contra Costa County, State of Califomia
August 1 , 19 78
In the Matter of
Appointment to the Governmental
Review Committee
Supervisor E. H. Hasseltine having recommended
that Mr. Joseph Canciamilla, 185 Pueblo Drive, Pittsburg
California be appointed as his nominee to the Governmental
Review Committee.
IT IS BY THE BOARD ORDERED that the recommendation
of Supervisor Hasseltine is APPROVED.
PASSED by the Board on August 1, 1978.
1 hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
cc : County Administrator Supervisors
Public Information affixed this 1St day of August 1978
Officer
Joseph Canciamilla J. R. OLSSON, Clerk
Governmental Review
Cor!mittee Via County By 1 Deputy Clerk
Administrator Karin King
0023
H-24 4/77 15m
i R
In the Board of Supervisors
of
Contra Costa County, State of California
At a t s t- 1_ , 19 7�
In the Matter of
Hearing on Request of Mr. Frank P.
Bellecci (2210-RZ) to Rezone Land
in the Oakley Area.
Mr. John M. Joseph, Owner.
The Board on July 5, 1978 having fixed this time for
hearing on the recommendation of the County Planning Commission with
.respect to the request of Mr. Frank P. Bellecci (2210-RZ) to rezone
land in the Oakley area from General Agricultural District (A-2) to
Singe Family Residential District (R-100) , in lieu of the Single
Family Residential District (R-65) as originally requested; and
No one having appeared in opposition; and
Mr. A. A. Dehaesus, Director of Planning, having advised
that a Negative Declaration of Environmental Significance was filed
for this proposal; and
The Board having considered the matter, IT IS ORDERED
that the request of Mr. Frank P. Bellecci is APPROVED as recommended
by• the County Punning Commission.
IT IS FURTHER ORDERED that Ordinance Number 78-55 giving
effect to the aforesaid rezoning is INTRODUCED, reading waived and
August 8, 1978 is set for adoption of same.
PASSED by the Board on August 1, 1978.
1 hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.,
Witness my hand and the Seal of the Board of
Cc: Mr. F. P. Bellecci Supervisors
Mr. Ji M. Joseph affixed this lst day of August 19 78
Director of Planning
County Assessor
J. r. (�LSSON, Ciark
By V Deputy Clerk
Ronda Amdahl
H-24 4/77 15m OO237
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 , 19 78
In the Matter of
Decision on Appeal of
Mr. Clayton L. Grimm from
Orinda Area Planning Commission
Conditional Approval of Variance
Permit No. 1029-78, Orinda Area.
The Board on July 25, 1978 having closed the hearing on
the appeal of Mr. Clayton L. Grimm from the Orinda Area Planning
Commission conditional approval of application for Variance Permit
No. 1029-78, Orinda area; and
Supervisor R. I. Schroder having stated that after viewing
the property site he was of the opinion that the proposal would be
acceptable from an aesthetic standpoint and that enclosure of the
lower floor would be advantageous to both the owner and the
neighbors, and therefore having recommended that the appeal of
Mr. Grimm be granted by allowing construction of a lower story and
deck and that the landscape requirements be retained as one of the
conditions of approval;
IT IS BY THE BOARD ORDERED that the recommendation of
Supervisor Schroder is APPROVED and Variance Permit No. 1029-78
is APPROVED subject to revised conditions (Exhibit "A" attached
hereto and by reference made a part hereof) .
In granting the variance permit the Board makes the
following findings : (1) granting of the variances would not consti-
tute a grant of special privilege inconsistent with the limitations
on other properties in the vicinity; (2) the topography of the subject
property is such that strict application of the zoning regulations
could deprive the subject property of rights enjoyed by other
properties in the area; and (3) the authorized variance allowing 32
stories substantially meets the intent and purpose of the ordinance
since the dimensional height does not exceed that allowed by the
ordinance.
PASSED by the Board on August 1, 1978.
1 hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
c c: Mr. Clayton L. Grimm Supervisors
Mr. S. A. Saf ine affixed this is t day of August 19 78
Director of Planning
Director of Building
Inspection J. R. OLSSON, Clerk
By Deputy Clerk
Vera .Nelson
0038
H-24 4/77 15m
• EXHIBIT A
Conditions of Approval
Clayton L. Grimm
1029-7S
1. Development shall be as shown on the plans submitted with the application
dated by the Planning Department tMarch 14, 1973,
2. Comply with landscape requirements as follows:
a. The applicant shall plant specimen size trees of a large gi•o:ring
variety in the back of the residence. Landscaping shall 'be in- �
stalled prior to occupancy.
b. If occupancy is requested prior to the installation of the landscape
then either: (1) a cash deposit; (2) a bond; or (s') a letter of
credit, shall be delivered to the County for 100 percent of the
estimated cost of the uncompleted portion of the landscaping
improvements. If compliance is not achieved after six months of
occupancy, as determined by the County Zoning Administrator, the
County shall contract for the completion of the landscaping improve-
ments to be paid for by the held sum. The County shall return the
unused portion within one year of receipt or at the completion of
all work. If drought conditions exist; the six months' period can be
extended by the Zoning Administrator.
c. All landscaped areas must be maintained in good condition at all times.
rAIcro.iIm wil board ori
R
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 , 19 78
In the Matter of
Project Agreements with the City of
Antioch and the United Council
of Spanish Speaking Organizations,
Inc. for the implementation
of the Fourth Year Community
Development Program (1978-79)
The Board having this day considered the recommendation of the
Director of Planning and the Community Development Advisory Council that it
approve the Community Development Block Grant Program Project Agreement
between the County and the City of Antioch in the amount of $356,150.00 for
implementation of Activity #5 - Storm Drainage Project; between the County
and the United Council of Spanish Speaking Organizations, Inc., in the amount of
$92,650.18 for implementation of Activities #4 - Home Loan Packaging Program
and #8 - Farm Labor Housing Rehabilitation, in order to carry out the intent and
purpose of the Housing and Community Development Act of 1974, as amended,
for the period of July 1, 1978 to June 30, 1979;
IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED
to execute said agreement.
PASSED by the Board on August 1, 1978 .
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Soard of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
Orig: Planning Department Supervisor
cc- City of Antioch affixed this is t day of_ August 19 78
United Council of Spanish Speaking Organi-
zations, Inc. c/o Plannir-g Departmen 1 J. R. OLSSON, Clerk
County Administrator By ��,`�-� ��)"\ �A Deputy Cleric
County Auditor-Controller
Planning Department Karin King
H -24 3176 15m 004040
COMMUNITY DEVELOPMENT BLOCK GRANT PIZOGIL41
1 . Agreement Identification. Number 4, 8
Department: County Planning Department
Subject: Allocation of Federal funding under 'Title I of the
Housing and Community Development Act of 1974, as amended
2. Parties. The County of Contra Costa, California (County) , for its Department
moped above, and the following named Contractor mutually agree and
promise as follows:
Contractor: United Council of Spanish Speaking Organization, Inc.
Address: 516 Clain Street, Martinez, CA 94553
3. Term. The effective date of this Agreement is July 1. 1978 - and
it terminates June 30, 1979 unless sooner terminated as provided
herein, subject to all terms, conditions, and assurances contained or
incorporated herein.
4. Allocation Payment Limit. County's total payments to Contractor under this Agreement
shall not exceed $92,650.18
S. County's Obligations. County shall make those allocation payments to the contractor
described in the "Payment Provisions" attached hereto which arc incorporated
herein by reference, subject to all terms, conditions, and assurances con—
tained or incorporated herein.
6. General Conditions and Assurances. This Agreement is subject to the "General
Conditions" and the "Assurances" attached hereto, which are incorporated
herein by reference.
7. Contractor's Obligations. Contractor shall provide those services and carry out
that work as described in and in accordance with the "Project Work Program"
attached hereto, which is incorporated herein by reference, subject to all
the terms, conditions and assurances contained or incorporated herein.
8. Project. This Agreement implements in whole or in part the following descri.`■ed
project, the application and .approval documents of which are incorporated
herein by reference: That Project as described in the Community
Develop-ment Block Grant Program Ajiplicaation dated March 21, ISM and approved by
HUD oil June 7, 1978 ; and as more particularly described in the "Project
Work Programt', attached hereto.
9. Signatures. These signatures attest the parties' agreement hereto:
COUNIi COSTA, CALIFORNIA CONTRA OR
B R. 1.Sch�odow, B '�
By 4 t
c6dirman, Board of Supervisors
ATTEST: J. R. OLSSON, County Clerks
By
Deputy Note to Contractor: (1) If a
public agency, designate official
Recommended epar ment capacity in public agency and attach
a certified copy of the governing
i�r 1 body resolution authorizing execution
By-f of this agreement. (2) If a corporation,
AnthonyDcli-,csUs l designate official capacity in business,
—� /' execute acknowledgment form and affix
Dorm Approved: lrouraty Counsel corporation
corporation seal . 6 1a�?
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Deputy
OFFICIAL SEAL l
Mierofi.r .�:��. �.:w�� . ���:,:,�,��
►n '• ConrRA COSTA CQUIIIY ip
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ASSURANCES
The Contractor, as recipient of funding under Title T of the Housing and
Community Development Act of 1974, as amended, assures and certifies that:
1. It will comply with the regulations, policies, guidelines and require-
ments of Federal Management Circular 74-4 and Office of Management and Budget
Circular A-102 as they relate to the County's Community Development Block Grant
Program application, acceptance and use of Federal funds for this Federally-assisted
project.
2. It possesses legal authority to execute the Project.
3. Contractor, identified as "Applicant" below, will comply with:
a. Title VI of the Civil Rights Act of 1964 (P.I. 88-352) and the
regulations issued pursuant thereto (24 CFR Part I) , which provides that no
person in the United States shall on the ground of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which
the applicant receives Federal financial assistance and will immediately take
any measures necessary to effectuate this assurance. If any real property or
structure thereon is provided or improved with the aid of Federal financial
assistance extended to the applicant, this assurance shall obligate the applicant,
or in the case of any transfer of such property, any transferee, for the period
during which the real property or structure is used for a purpose for which the
Federal financial assistance extended or for another purpose involving the pro-
vision of similar services or benefits.
b. Title VIII of the Civil Rights Act of 1968 (P.L. 90-284) as amended,
administering all programs and activities relating to housing and community develop-
ment in a manner to affirmatively further fair housing; and will take action to
affirmatively further fair housing in the sale or rental of housing, the financing
of housing, and the provision of brokerage services within the applicant's juris-
diction.
c: Section 109 of the Housing and Community Development Act of 1974,
as amended, and the regulations issued pursuant thereto (24 CFR 570.601), which
provides that no person in the United States shall, on the ground of race, color,
national origin or sex, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under, any program or activity funded in
whole"or in part with Title I funds.
d. Executive Order 11063 on equal opportunity in housing and nondiscrimin-
ation in the sale or rental of housing built with Federal assistance.
e. Executive Order 11246, and all regulations issued pursuant thereto
(24 CFR Part 130), which provides that no person shall be discriminated against
on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of Federal or federally-assisted contracts.
Such contractors and subcontractors shall take affirmative action to ensure fair
treatment in employment, upgrading, demotion, or transfer; recruitment or recruit-
ment advertising; layoff or termination, rates of pay or other forms of compensation
and selection for training and apprenticeship.
f. Section 3 of the Housing and Urban Development Act of 1968, as amended,
requiring that to the greatest extent feasible opportunities for training and
employment be given lower income residents of the project area and'contracts for
work in connection with the project be awarded to eligible business concerns which
are located in, or owned in substantial part by, persons residing in the area of the
project.
*4. Prior to the submission of the "Project Work Program", the following have
been complied with:
a. Citizens have been provided with adequate information concerning the
amount of funds available for the project, the range of activities that may be
undertaken, and other important project requirements;
b. Citizens have been provided an adequate opportunity to participate in
the development of the project and in the development of any revisions, changes, or
amendments.
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S. It will:
a. Provide fair and reasonable relocation payments and assistance in
accordance with Sections 202, 203, and 204 of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 and applicable HUD regulations
(24 CFR Part 42), to or for families, individuals, partnerships, corporations or
associations displaced as a result of any acquisition of real property for an
activity assisted under the program;
b. Provide relocation assistance programs offering the services
described in Section 205 of the Act to such displaced families, individuals,
partnerships, corporations or associations in the manner provided under applicable
HUD regulations;
c. Assure that, within a reasonable time prior to displacement, decent,
safe, and sanitary replacement dwellings will be available to such displaced
families and individuals in accordance with Section 2O5(c) (3) of the Act, and
that such housing will be available in the same range of choices to all such dis-
placed persons regardless of their race, color, religion, national origin, sex,
or source of income;
d. Inform affected persons of the benefits, policies, and procedures
provided for under HUD regulations; and
e. Carry out the relocation process in such a manner as to provide such
displaced persons with uniform and consistent services, including any services
required to ensure that the relocation process -does not result in different or
separate treatment to such displaced persons on account of their race, color,
religion, national origin, sex, or source of income.
6. It will:
a. In acquiring real property in connection with the Community Develop-
ment Block Grant Program, be guided to the greatest extent practicable under State
law, by the real property acquisition policies set out under Section 301 of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(P.L. 91-646) and the provisions of Section 302 thereof:
b. Pay or reimburse property owners for necessary expenses as specified
in Section 303 and 304 of the Act; and
c. Inform affected persons if the benefits, policies, and- procedures*
under HUD regulations (24 CFR Part 42) .
7. It will give HUD and the Comptroller General through any authorized
representative access to and the right to examine all records, books, papers, or
documents related to the grant.
8. It will comply with the provisions of the Hatch Act which limits the
political activity of employees.
9. It will comply with the provisions of Executive Order 11296, relating
to evaluation of flood hazards.
10. Its officer executing this Agreement:
a. Consents to assume the status of a responsible Federal official
under the National Environmental Policy Act of 1969 insofar as the provisions
of such act apply pursuant to this Part; and
b. Is authorized and consents on behalf of the Contractor and himself
to accept the jurisdiction of the Federal courts for the purpose of enforcement
of his responsibilities as such an official.
'll. The Community Development Program has been developed so as to give
maximum feasible priority to activities which will benefit low or moderate income
families or aid in the prevention or elimination of slums or blight. Where all or
part of the Community Development Program activities are designed to meet other
Community Development needs having a particular urgency, such needs are specifically
described in the application under the Community Development Plan Summary.
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12. It will establish safeguards to prohibit employees from using
positions .for a purpose that is or gives the appearance of being motivated
by a desire for private gain for themselves or others, particuarly those with
whom they have family, business, or other ties.
13. It will comply with all requirements imposed by HUD concerning special
requirements of law, program requirements, and other administrative requirements
approved in accordance with Office of Management and Budget Circular A-102.
14. It will administer and enforce the labor standards requirements set
forth in Section 570.605 and HUD regulations issued to implement such require-
ments.
(*Assurances 4 and 11 are applicable only if Contractor is a city.)
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00244
PAYMENT PROVISIONS
1. Payment Basis. County shall in no event pay to the Contractor a sum
in excess of the total amount specified in the Payment Limit of this Agreement.
Subject to the Payment Limit, it is the intent of the parties hereto that the
total payment to Contractor for all services provided for County under this
Agreement shall be only for costs that are allowable costs (see Paragraph 3.
below) and are actually incurred in the performance of Contractor's obligations
under this Agreement. All payments made under this Agreement shall be from
Federal funds only. No general County funds shall be expended under this
Agreement. If, for any reason whatsoever, County does not receive such Federal
funds, Contractor agrees that County shall have no payment obligation hereunder.
'2. Payment Amounts. Subject to later adjustments in total payments in
accordance with the below provisions for Cost Report and Settlement, Audits,
and Audit Exceptions, and subject to the Payment Limit of this Agreement, County
will pay Contractor an amount equal to Contractor's allowable costs that are
actually incurred, but subject to the "Budget of Estimated Program Expenditures"
contained in the Project Work Program.
3. Allowable Costs. Contractor's allowable costs are only those which
are determined in accordance with all Federal regulations, guidelines, bulletins,
and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday,
November 13, 1974, as may be revised and amended. All of the aforesaid documents
are by this reference incorporated herein.
Costs incurred in carrying out the project, whether charged to the project
on a direct or an indirect basis, must be in conformance with the requirements
of Federal Management Circular 74-4, "Cost Principles Applicable to Grants and
Contracts with State and Local Governments", except to the extent inconsistent
with the aforesaid documents.
4. Payment Demands. Contractor shall submit written demands for payment
in accordance with the above. Said demands shall be` made on County Demand
Form D-15 and in the manner and form prescribed by County. Contractor shall
submit said demands for payment for services rendered no later than 60 days
from the end of the month in which said services are actually rendered. Upon
approval of said payment demands by the head of the County Department for which
this Agreement is made or his designee, County will make payments as specified
above.
S. Right to Withhold. County has the right to withhold payment tb the
Contractor by County notifying Contractor in writing if (a) the Contractor has
failed to perform its duties under this Agreement, or has insufficiently documented
same, or (b) the Contractor has neglected, failed or refused to furnish information
or to cooperate with any inspection, review or audit of its program, work or records,
or (c) Contractor has failed to sufficiently itemize or document its demands for
payment.
6. Payment Adjustments. (a) If any funds are expended by the Contractor
in violation of any of the terms and conditions of this Agreement, County may make
necessary adjustments in payments to Contractor on account of such unauthorized or
illegal expenditure. No such action taken by County shall entitle Contractor to
reduce salaries, wages, or supportive services for any particpant or to expend less
during the effective period of this Agreement than those sums called for in the
Project Work Program. Any such reduction in expenditures may be deemed sufficient
cause for termination. Contractor shall reimburse County for any allocated monies
which are expended in violation of this Agreement or used for unauthorized or
illegal expenditures.
Q0194J
7. Cost Report and Settlement. No later than sixty (60) days following
the termination of this Agreement, Contractor shall submit to County a cost
report in the form required by County, showing the allowable costs that have
actually been incurred by Contractor under this Agreement. If said cost report
shows that the allowable costs that have actually be incurred by Contractor under
this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment
Amounts) above, County will remit any such excess amount to Contractor, but subject
to the Payment Limit of this Agreement. If said cost report shows that the payments
made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable
costs that have actually been incurred by Contractor under this Agreement, Contractor
shall remit any such excess amount to County.
The Contractor shall provide County with a Certification of its Cost Report
required under this Contract. Said Certification shall provide a full, true, and
accurate accounting of the actual cost of services under this Contract, including
all applicable expenditures, revenues, and indirect cost allocations, and any other
pertinent allocations which are in connection with Contractor's operations that are
not a part of this Contract.
8. Audits. The records of the Contractor may be audited by the County, State,
or United States government, in addition to any certified cost report or audit
required by Paragraph 7. (Cost Report and Settlement) . Any certified cost report
or audit required by Paragraph 7. (Cost Report and Settlement) shall be submitted
to County by Contractor within such period of time as may be expressed by applicable
State or Federal regulations, policies or contracts, but in no event later than 18
months from the termination date of this Agreement. If such audit(s) show that the
payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the
allowable costs that have actually been incurred by Contractor under this Agreement,
including any adjustments made pursuant to Paragraph 7. (Cost Report and Settlement)
above, then Contractor agrees to pay to County within 30 days of demand by County
any such excess amount. If such audit(s) show that the allowable costs that have
actually been incurred by Contractor under this Agreement exceed the payments made
by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjust-
ments made pursuant to Paragraph 7. (Cost Report and Settlement) above, then County
agrees to pay to Contractor any such excess amount, but subject to the Payment Limit
of this Agreement.
9. Audit Exceptions. In addition to its obligations under Paragraph 8. (Audits)
above, Contractor agrees to accept responsibility for receiving, replying to and/or
complying with any audit exceptions by appropriate County, State or Federal audit
agencies occurring as a result of its performance of this Agreement. Contractor
also agrees to pay to the County within 30 days of demand by County the full amount
of the County's liability, if any, to the State and/or Federal government resulting
from any audit exceptions, to the extent such are attributable to the Contractor's
failure to perform properly any of its obligations under this Agreement.
WF:dh
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0024,3"
GENERAL CONDITIONS
1. Compliance with Law. Contractor shall be subject to and comply with
all Federal, State and local laws and regulations applicable to public agencies
with respect to its performance hereunder, including but not limited to, Federal
regulations, guidelines, bulletins, and circulars pursuant to Title I of the
Housing and Community Development Act of 1974, including Title 24 of the Code
of Federal Regulations, Chapter V. Part 570, as published in the Federal Register,
Vol. 39, No. 220, Wednesday, November 13, 1974, as may be revised snd amended;
and which are incorporated herein by reference. Documentation of such compliance
shall be made available for review by the County upon request.
2. Inspection. Contractor's performance, place of business and records
pertaining to this Agreement are subject to monitoring, inspection, review and
audit by authorized representatives of the County, the.State of California, and
the United States Government.
3. Records. Contractor shall keep and make available for inspection by
authorized representatives of the County, the.State of*California, and the United
States Government, the Contractor's regular business records pertaining to this
Agreement and such additional records as may be required by the County.
4. Retention of Records. The Contractor and County agree to retain all
documents pertaining to this Agreement for three years from the date of submission
of the Annual Performance Report by the County to HUD, except as follows:
(a) Records that are the subject of audit findings shall be retained
for three years after such findings have been resolved.
(b) Records for nonexpendable property which was acquired with Federal
grant funds shall be retained for three years after its final disposition.
(c) Records for any displaced person shall be retained for three years
after he has received final payment.
S. Termination.
a. Failure to Perform. In the event the Contractor fails to perform
properly any of its obligations hereunder and such failure of performance is not
cured by the Contractor within thirty (30) days after receipt of written notice
from the County, the County may in addition to any other remedies, complete the
Contractor's obligations in any reasonable manner it chooses, take possession
of any real or personal property associated with the project, and construct,
operate or maintain the project as the County may deem necessary to fulfill
requirements of the Federal Government. The Contractor agrees to reimburse the
County for any costs or expenses incurred by the County because of said failure
to perform and-also`agrees to- convey- title-to_any real property acquired by
Contractor with arojeet fiords should_County-request such title.
b. Cessation of Funding. In the event that Federal funding for this
Agreement ceases, this Agreement is terminated.
c. Failure by the Contractor to perform properly any of its obligations
under this Agreement may be cause for suspension of all obligations of the County
thereunder.
6. Entire Agreement. This Agreement contains all the terms and conditions
agreed upon by the parties. Except as expressly provided herein and in the
"COOPERATION AGREEMENT, H.C.D.A. 1974" effective January 20, 1976 and amendments
relating thereto, if any, no other understandings, oral or otherwise, regarding
the subject matter of this Agreement shall be deemed to exist or, to bind any of
the parties hereto.
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00"4
7. Further Specifications for Operating Procedures. Detailed
specifications of operating procedures and budgets required by this Agreement,
including but not limited to monitoring, auditing, billing, or regulatory
changes, may be developed and set forth in written "Informal Agreements"
entered between the Contractor and the County. Such "Informal Agreements"
when entered shall not be modifications to.this Agreement except to the extent
that they further detail or clarify that which is already required hereunder.
Further, any "Informal Agreement" entered may not enlarge in any manner the
scope of this Agreement, including any sums of money to be paid the Contractor
as provided herein. "Informal Agreements" may be approved for, and executed
on behalf of the County by the head of the County Department for which this
Agreement is mode or his designee.
8. Modifications and Amendments.
a. General Agreements. This Agreement may be modified or amended
only by a written document executed by the Contractor and the Contra Costa County
Board of Supervisors, subject to any required State or Federal (United States)
approval.
b. Administrative Amendments. Subject to the Payment Limit, only
the Payment Provisions and the Project Work Program may be amended by a written
administrative amendment executed by the Contractor and the head of the County
Department for which this Agreement is made or his designee, subject to any
required State or Federal (United States) approval, provided that such adminis-
trative amendments may not materially change the Payment Provisions or the
Project Work Program.
C. Extension of Term for Performance. Without requiring Contractor
to provide consideration in addition to that supporting this Agreement, the County
of Contra Costa, through its Planning Director, may grant Contractor an extension
of time for performance, beyond that time specified above under 'Term" (Paragraph
3) . Any such extension must be in writing and shall be at the sole discretion of
County.
9. Disputes. Disagreements between the County and Contractor concerning
the meaning, requirements, or performance of this Agreement shall be subject to
final determination in writing by the head of the County Department for which this
Agreement is made or his designee or in accordance with the applicable procedures
(if any) required by the Federal Government.
10. Law Governing Agreement. This Agreement 1s made in Contra Costa County
and shall be governed and construed in accordance with the laws of the State of
California.
11, Conformance with Federal and State Regulations. Should Federal or
State regulations touching upon this Agreement be adopted or revised during the
term hereof, this Agreement is subject to modification to assure conformance with
such Federal or State requirements.
12. No Waiver bZ County. Subject to the disputes provision contained herein,
inspections or approvals, or statements by anyo i cer, agent or employee of the
County indicating the Contractor's performance or any part thereof complies with
the requirements of this Agreement, or acceptance of the whole or any part of said -
performance, or payments therefor, or any combination of these acts, shall not
relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor
shall the County be thereby stopped from bringing any action for damages or enforce-
ment arising from any failure to comply with any of the terms and conditions thereof.
- -- 1J. - Original Agreement. The original copy of this Agreement and of any
modification thereto is that copy filed with the Clerk of the Board of Supervisors
of Contra Costa County.
14• Assignment. This Agreement binds the heirs, successors, assigns and
representatives of Contractor. The Contractor shall not assign this Agreement, or
monies due or to become due hereunder, withoht the prior written consent of the
County.
15• Independent Contractor Status. This Agreement is by and between two
independent contractors and is not intended to and shall not be construed to
create the relationship of agent, servant, employee, partnership, joint venture _
or association.
0048
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16. Conflicts of Interest. Contractor agrees to furnish to the County upon
demand a valid copy of the most recently adopted bylaws of any Corporation and also
a complete and accurate list of the governing body (Board of Directors or Trustees)
and to timely update said bylaws or the list of its governing body as changes in
such governance occur, if Contractor is a corporation. Contractor promises and
attests that the Contractor and any members of its governing body shall avoid any
actual or potential conflicts of interest and will establish safeguards pursuant
to Paragraph 12 of the attached "Assurances".
17. Confidentiality. Contractor agrees to comply and to require his
employees to comply with all applicable State or Federal statutes or regulations
respecting confidentiality, including but not limited to, the identity of
recipients, their records, or services provided them, and assures that:
a. All applications and records concerning any individual made or
kept by Contractor or any public officer or agency in connection with the
administration of or relating to services provided under this Contract will be
confidential, and will not be open to examination for any purpose not directly
connected with the administration of such service:
b. No person will publish or disclose or permit or cause to be
published or disclosed, any list of persons receiving services, except as may
be required in the administration of such service. Contractor agrees to inform
all employees, agents and partners of the above provisions, and that any person
knowingly and intentionally disclosing such information other than as authorized
by law may be guilty of a misdemeanor.
18. Indemnification.
a. Contractor hereby waives all claims and recourse against the
County including the right to contribution for loss or damage to persons or
property arising from, growing out of or in any way connected with or incident
to this Agreement except claims arising from the concurrent or sole negligence
of County, its officers, agents and employees.
b. The Contractor shall defend and indemnify the County and its
officers, agents and employees against and hold the same free and harmless from
any and all claims, demands, damages, losses, costs, and/or expenses of liability
due to, or arising out of, either in whole or in part, whether directly or in-
directly, the organization, development, construction, operation, or maintenance
of the Project except for liability arising out of the concurrent or sole negligence
of County, its officers, agents or employees.
C. In the event County is named as co-defendant the Contractor shall
notify the County of such fact and shall represent County in the legal action
unless County undertakes to represent itself as co-defendant in such legal action
in which event County shall bear its own litigation costs, expenses, and attorney's
fees.
d. This condition shall not terminate on the date specified in the
Agreement but shall remain in full force and effect.
19. Insurance. During the entire term of this Contract and any extension of
modification thereof, the Contractor shall keep in effect insurance policies meeting
the following insurance requirements unless otherwise expressed in the Special
Conditions:
a. Liability Insurance. The Contractor shall provide a policy or policies
of comprehensive liability insurance, including coverage for owned and non-owned auto-
mobiles, naming the County and its officers and employees as additional insureds,
with a minimum combined single limit coverage of $S00,000 for all damages because of
bodily injury, sickness or disease, or death to any person and damage to or destruc-
tion of property, including the loss of use thereof, arising from each accident or
occurrence.
b. Workers' Compensation. The Contractor shall provide the County with a
certificate of insurance evidencing workers' compensation insurace coverage for its
employees.
c. Additional Provisions. The policies shall include a provision for thirty
(301 days written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurace as to the County,
the State and. Federal Governments, their officers, agents, and employees, so that other
insurance policies held by them shall not be required to contribute to any loss covered
under the Contractor's insurance policy or policies. Not later than the effective date
of this Contract, the Contractor shall provide the County with a certificate(s) of
insurance evidencing the above liability insurance.
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009A9
20. Notices. All notices provided for by this Agreement shall be in writing
and may be delivered by deposit in the United States mail, postage prepaid. Notices
to the County shall be addressed to Contra Costa County Planning Department, P.O.
Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor
shall be addressed to the Contractor's address designated herein. The effective
date of notice shall be the date of deposit in the mails or of other delivery.
21. Available Copies. Copies of the County's Project documents (as specified
in Paragraph Project, of this Agreement), and all pertinent Federal statues,
regulations, guidelines, bulletins, and circulars applicable to this Agreement,
shall be available at all times for inspection by the Contractor during regular
business hours at the Offices of the Planning Department, Martinez, California.
22. Retained Powers. All powers not explicitly vested in the Contractor
remain in the County.
23. Project Development.
a. If the Project includes construction, the construction plans and
specifications shall be reviewed and approved by the Contractor before construction
is commenced.
b. The Contractor shall secure completion of the construction work in
accordance with the approved construction plans and specifications.
c. If the Project includes acquisition of real property, the purchase
price for such real property shall be determined in accordance with the require-
ments contained in Department of Housing and Urban Development (HUD) Handbook
1320.1, Real Property Acquisition. The appraisal reports and qualifications of
appraisers shall be submitted for review and approval by the County before initia-
tion of the acquisition procedure. Contractor agrees to furnish County preliminary
title reports respecting such real property or such other evidence of title which
is determined to be sufficient by County. Contractor agrees in negotiated purchases
to correct prior to or at the close of escrow any defects of title which in the
opinion of County might interfere with the operation of the Project. In condemna-
tion actions such title defects must be eliminated by the final judgment.
DJF/dh -4-
00250
EXHinIT A
CONTRA COS7A COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1978-1979
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
4. Housing Loan Securement Assistance Program to provide direct services to low
and moderate income persons and households in the Eastern portion of the County
including information and referral, loan packaging assistance and the location
of housing and housing resources. Continuation of Activity funded in first three
years.
8. Rehabilitation of I8 units of Farm Labor !-lousing in cooperation with State Depart-
ment of Housing and Community Development and the United Council of Spanish Speaking
Organizations.
B. PROJECT TIME SCHEDULE
Time Schedule on a month-by-month basis for the above Project indicating when major
activity items are expected to be undertaken and completed.
1�'ork Item Start Date ,Completion Date
N4 - Home Loan Packaging Program
On-going activities consist of:
Dissemination of information; specifi-
cally to area newcomers about this pro- ,
gram and the County Housing Rehabili-
tation Program. July 1, 1973 June 30, 1979.
Preliminary interviews with new ap-
plicants and/or updating of 20 old
applications monthly. July 1, 1978 June 30,. 1979
Assist Blue Goose Camp residents and
other East County residents in their
housing needs. July 1, 1978 June 30, 1979
Locate available housing November 1, 1978 June 30, 1979
• Process and submit loan.
20 loan applications August 1, 1978 June 30, 1979
Goal: Assist at least 10 families to obtain their own homes by Jure 30, 1979•.
118 - Farm Labor Housing Rehabilitation
Preparation of Architectural Plans July 1, 1978 August 31, 1973
On-Site Engineering Study July 1, 1978 June 30, 1979
I'urchase of Housing ltehabilitiation
Materials July 1, 1978 June 30, 19n
Resolution of Sewage Problems;
Provisions of Sewage System July 1, 1978 June 30, 1979
C. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Work Program.
Abraham Q. Amador, Executive Director
tlniteel Council of Spanish Speaking Organizations, Inc.
510 Main Street
Martinez, California 94553
229-2210
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00251
PROJECT WORK PROGRAM
D. PERFORMANCE STANDARDS
Contractor should indicate, where applicable, what performance standards (details of project
implementation) will be applied in implementing the Work Program.
Under this program, the Contrator shall:
1. In all contracts, purchase agreements, invoices entered, comply with appropriate
IND regulations indluding Equal Opportunity and Section 3 provisions as provided
in Assurance No. 3 and Appendix VI of the "Guide for Compliance with Assurances
and Certification under the !lousing and Community Development Act", as provided
by the County Planning Department.
2. All contracts entered into shall be in compliance with procurement procedures
contained in Office of Managcoient and Budget (OMB) Circular A-102, attachment
0 and any other applicable IND regulations.
3. An executed copy of all contracts let under this agreement shall be transmitted
to the County Planning Department prior to demands being processed for payment
to ensure that all appropriate clauses and provisions have been included.
In addition, the following standards shall apply to the following Specific Activities:
#4 - Home Loan Packaging Program
4. Comply with all applicable Federal regulations as contained in FDIC 74-4, attach-
ments A and B, in the determination of allowable costs in the administration and
provision of services of this activity.
k8 - farm Labor housing Rehabilitation
S. The architectural flans shall develop detailed specifications covering required
work for covering housing code deficiencies.
6. Obtain all required permits prior to initiating any rehabilitation work.
7. Prohibit the use of lead-based paint in all renovation work.
8. in all construction contracts over $2,000 enforce and administer Labor Standards
Requirements in accordance with Title 1 of the housing and Community Development
Act of 1974, [IUD Handbook 6500.3 - Labor Standards Administration and Enforcement,
Community Development Block Grant Program, and as provided in Assurance No. 14,
• Appendices VIII - XIII of the Compliance Guide cited.
9. All construction contracts over $10,000 shall be in compliance with bid procedures
contained in Assurance No. 3 and Appendix IV of the Compliance Guide cited.
10. All construction contracts over $100,000 shall be in compliance with the bonding
and insurance requirements contained in OMB A-102 Attachment B, and with the
requirements of the Clean Air Act and Federal {Fater Pollution Control Act.
11. Shall, at a minimum, notify applicable minority-owned business firms located in
Contra Costa County of hid opportunities for the construction project and malwtain
documentation of such efforts. A listing of minority-owned construction contracting
and subcontracting firms located in Contra Costa County and neighboring counties is
available from the County Planning Department.
12. Transmit to •the County Planning Department a copy of all construction contracts
over $2,000 prior to the Contract being advertised to ensure that all appropriate
requirements and provisions have been included.
E. PROGRAM MONITORING
I. Contractor's staff will meet at least once per quarter with appropriate County staff
and Community Development Advisory Council representatives, where applicable,
to discuss progress of the Contractor toward achieving stated work program objectives
and to assist Contractor's staff in solving problems.
2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning
Department.
3. Contractor shall maintain and submit quarterly monitoring and progress reports on
work performed by sub-contractors.
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00252
PROJECT WORK PROGRAM
F. BUDGET OF ESTIMATED PROGRAM EXPENDITURES
I. Contractor shall provide services under this Contract'in accordance with the following
budget of allowable expenditures:
Line
No. PROGRAM ACTIVITY AMOUNT
I. ACQUISITION OF REAL PROPERTY
2. PUBLIC WORKS, FACILITIES, SITE IMPROVEMENTS $ 45,000
3. CODE ENFORCEMENT
4. CLEARANCE, DEMOLITION, REHABILITATION
5. REHABILITATION LOANS AND GRANTS 30,000
6. SPECIAL PROJECTS FOR ELDERLY AND HANDICAPPED
7. DISPOSITION OF REAL PROPERTY
9. PROVISION OF PUBLIC SERVICES
10. PAYMENT OF NON-FEDERAL SHARES
11. COMPLETION OF URBAN RENEWAL PROJECTS
12. RELOCATION PAYMENTS AND ASSISTANCE
13. PLANNING AND MANAGEMENT DEVELOPMENT
1.1. ADMINISTRATION 17,650.18
TOTAL CONTRACT AMOUNT $ 92,650.18
2. Subject to the Payment Limit of this Contract, each line.item budget amount specified
above may be changed with prior written authorization from the County Planning Director
or his designee.
• 3. The above schedule is subject to a Contractor's Detailed Expenditure Schedule, which
shall sub-categorize in specific detail the above line item categories and amounts
and be kept on file with the County Planning Department, in the form and manner
prescribed by County.
-3- 00<53
. 13110JEC T W01 K I''1 ZOGRA M
G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: ACTIVITY NUMBER: a4, d8
United Council of Spanish
Speaking Organizations, Inc. BUDGET PERIOD: July 1, 1978 - June 30, 1979
(a) (b) (c) (d)
Budget Item CD Funds - $ + Other Funds - $ = Total - $
N4 - Home Loan Packaging Program $17,650.18 $17,650.18
Personnel
Part-time Secretary,
Bi-Lingual
Incremental Staff-
Fringe
Administration
Supervision
Office Equipment
Accounting, audit
Advertising
Office Space
Telephone
Utilities
Conswitables
Travel
Duplicating Costs
Postage
Liability Insurance•
Miscellaneous
N8 - Farm Labor Housing Rehab-
ilitation $75,000 $75,000
Rehabilitation $30,000 $30,000
Architectural Plans
On-Site Engineering Study
!lousing Rehabilitation
Materials
Development of Sewage Disposal
System $45,000 $45,000
Preliminary Engineering and
Designs
Preparation of Construction
Contract Bid Specifications
Advertisement
Construction
TOTAL $ 92,650. ,(e) $ $ 92,650.18
Notes: (a) Detailed categories pursuant to FMC 74-4.
(b) Items are eligible to be funded by CDBG funds.
(c) Estimate of other necessary expenditures that cannot be funded with CD monies;
and indication of anticipated sources.
(d) Sum of (b) and (c) above including both Community Development and non-Community
Development funds.
(e) Contract Payment Limit for CD project.
Jt- 00451
Y
PROJECT AGREEMENT
CODSfUNITY DEVELOPMENT BLOCK GRANT PROGRAM
1. Agreement Identification. Number 5
Department: County Planning Department
Subject: Allocation of Federal funding under Title I of the
Housing and Community Development Act of 1974, as amended
2. Parties. The County of Contra Costa, California (County) , for its Department
named above, and the following named Contractor mutually agree and
promise as follows:
Contractor: City of Antioch
Address: P.O. Box 130
Antioch, CA 94509
3. Term. The effective date of this Agreement is July 1 , 1978 and
it terminates June 30, 1979 unless sooner terminated as provided
herein, subject to all terms, conditions, and assurances contained or
incorporated herein.
4. Allocation Payment Limit. County's total payments to Contractor under this Agreement
shall not exceed $ 356,150.00
5. County's Obligations. County shall make those allocation payments to the contractor
described in the "Payment Provisions" attached hereto which are incorporated
herein by reference, subject to all terms, conditions, and assurances con-
tained or incorporated herein.
General Conditions and Assurances: This Agreement is subject to the "General
Conditions" and the "Assurances" attached hereto, which are incorporated
herein by reference.
7. Contractor's Obligations. Contractor shall provide those services and carry out
that work as described in and in accordance with the "Project Work Program"
attached hereto, which is incorporated herein by reference, subject to all
the terms, conditions and assurances contained or incorporated herein.
S. Project. This Agreement implements in whole or in part the following described
Project, the application and approval documents of which are incorporated
• herein by reference: That Project as described in the Community Develop-
ment Block Grant Program Application dated. March 21. 1975, and approved by
HUD on June 7 , 1978 ; and as more particularly described in the "Project
Work Program" , attached hereto.
9. Signatures. These signatures attest the parties' agreement hereto:
COUNTY COSTA, CALIFORNIA t` ,Schroder CONTRACT,4
By la.I. Sethra t BY
ZZQ
- 9WE__
�� airman, Board of Supervisors
ATTEST: J. R. OLSSON, unty Clerk City Manager
By
I `
Deputy Note to Contractor: (1) If a
public agency, designate official
Recommen I b*Deh
nt capacity in public agency and attach
a certified copy of the governing
body resolution authorizing execution
BY-- of this agreement. (2) If a corporation,
&ntho y A. f designate official capacity in business,
I execute acknowledgment form and affix
Form A proved: County Counsel corporation seal.
Deputy
Mictcfiimed with Swr2 or&r
DJF:dh 0045,E
ASSURANCES
The Contractor, as recipient of fuading under Title I of the Housing and
Community Development Act of 1974, as amended, assures and certifies that:
1. It will comply with the regulations, policies, guidelines and require-
ments of Federal Management Circular 74-4 and Office of Management and Budget
Circular A-102 as they relate to the County's Community Development Block Grant
Program application, acceptance and use of Federal funds for this Federally-assisted
project.
2. It possesses legal authority to execute the Project.
3. Contractor, identified as "Applicant" below, will comply with:
a. Title VI of the Civil Rights Act of 1964 (P.I. 88-352) and the
regulations issued pursuant thereto (24 CFR Part I) , which provides that no
person in the United States shall on the ground of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which
the applicant receives Federal financial assistance and will immediately take
any measures necessary to effectuate this assurance. If any real property or
structure thereon is provided or improved with the aid of Federal financial
assistance extended to the applicant, this assurance shall obligate the applicant,
or in the case of any transfer of such property, any transferee, for the period
during which the real property or structure is used for a purpose for which the
Federal financial assistance extended or for another purpose involving the pro-
vision of similar services or benefits.
b. Title VIII of the Civil Rights Act of 1968 (P.L. 90-284) as amended,
administering all programs and activities relating to housing and community develop-
ment in a manner to affirmatively further fair housing; and will take action to
affirmatively further fair housing in the sale or rental of housing, the financing
of housing, and the provision of brokerage services within the applicant's juris-
diction.
c. Section 109 of the Housing and Community Development Act of 1974,
as amended, and the regulations issued pursuant thereto (24 CFR 570.601), which
provides that no person in the United States shall, on the ground of race, color,
national origin or sex, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under, any program or activity funded in
whole or in part with Title I funds.
d. Executive Order 11063 on equal opportunity in housing and nondiscrimin-
ation in the sale or rental of housing built with Federal assistance.
e. Executive Order 11246, and all regulations issued pursuant thereto
(24 CFR Part 130), which provides that no person shall be discriminated against
on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of Federal or federally-assisted contracts.
Such contractors and subcontractors shall take affirmative action to ensure fair
treatment in employment, upgrading, demotion, or transfer; recruitment or recruit-
ment advertising; layoff or termination, rates of pay or other forms of compensation
and selection for training and apprenticeship.
f. Section 3 of the Housing and Urban Development Act of 1968, as amended,
requiring that to the greatest extent feasible opportunities for training and
employment be given lower income residents of the project area and'contracts for
work in connection with the project be awarded to eligible business concerns which
are located in, or owned in substantial part by, persons residing in the area of the
project.
*4. Prior to the submission of the "Project Work Program", the following have
been complied with:
a. Citizens have been provided with adequate information concerning the
amount of funds available for the project, the range of activities that may be
undertaken, and other important project requirements;
b. Citizens have been provided an adequate opportunity to participate in
the development of the project and in the development of any revisions, changes, or
amendments. 0(,_.�`6
-1- V�
S. It will:
a. Provide fair and reasonable relocation payments and assistance in
accordance with Sections 202, 203, and 204 of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 and applicable HUD regulations
(24 CFR Part 42), to or for families, individuals, partnerships, corporations or
associations displaced as a result of any acquisition of real property for an
activity assisted under the program;
b. Provide relocation assistance programs offering the services
described in Section 205 of the Act to such displaced families, individuals,
partnerships, corporations or associations in the manner provided under applicable
HUD regulations;
c. Assure that, within a reasonable time prior to displacement, decent,
safe, and sanitary replacement dwellings will be available to such displaced
families and individuals in accordance with Section 20S(c) (3) of the Act, and
that such housing will be available in the same range of choices to all such dis-
placed persons regardless of their race, color, religion, national origin, sex,
or source of income;
d. Inform affected persons of the benefits, policies, and procedures
provided for under HUD regulations; and
e. Carry out the relocation process in such a manner as to provide such
displaced persons with uniform and consistent services, including any services
required to ensure that the relocation process -does not result in different or
separate treatment to such displaced persons on account of their race, color,
religion, national origin, sex, or source of income.
6. It will:
a. In acquiring real property in connection with the Community Develop-
ment Block Grant Program, be guided to the greatest extent practicable under State
law, by the real property acquisition policies set out under Section 301 of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(P.L. 91-646) and the provisions of Section 302 thereof:
b. Pay or reimburse property owners for necessary expenses as specified
in Section 303 and 304 of the Act; and
c. Inform affected persons of the benefits, policies, and procedures'
under HUD regulations (24 CFR Part 42) .
7. It will give HUD and the Comptroller General through any authorized
representative access to and the right to examine all records, books, papers, or
documents related to the grant.
8. It will comply with the provisions of the Hatch Act which limits the
political activity of employees.
9. It will comply with the provisions of Executive Order 11296, relating
to evaluation of flood hazards.
10. Its officer executing this Agreement:
a. Consents to assume the status of a responsible Federal official
under the National Environmental Policy Act of 1969 insofar as the provisions
of such act apply pursuant to this Part; and
b. Is authorized and consents on behalf of the Contractor and himself
to accept the jurisdiction of the Federal courts for the purpose of enforcement
of his responsibilities as such an official.
*11. The Community Development Program has been developed so as to give
maximum feasible priority to activities which will benefit low or moderate income
families or aid in the prevention or elimination of slums or blight. Where all or
part of the Community Development Program activities are designed to meet other
Community Development needs having a particular urgency, such needs are specifically
described in the application under the Community Development Plan Summary.
00257
-2-
12. It will establish safeguards to prohibit employees from using
positions for a purpose that is or gives the appearance of being motivated
by a desire for private gain for themselves or others, particuarly those with
whom they have family, business, or other ties.
13. It will comply with all requirements imposed by HUD concerning special
requirements of law, program requirements, and other administrative requirements
approved in accordance with Office of Management and Budget Circular A-102.
14. It will administer and enforce the labor standards requirements set
forth in Section 570.605 and HUD regulations. issued to implement such require-
ments.
(*Assurances 4 and 11 are applicable only if Contractor is a city.)
-3- Q
UO,CSJ
PAYMENT PROVISIONS
I. Payment Basis. County shall in no event pay to the Contractor a sum
in excess of the total amount specified in the Payment Limit'of this Agreement. .
Subject to the Payment Limit, it is the intent of the parties hereto that the
total payment to Contractor for all services provided for County under this
Agreement shall be only for costs that are allowable costs (see Paragraph 3.
below) and are actually incurred in the performance of Contractor's obligations
under this Agreement. All payments made under this Agreement shall be from
Federal funds only. No general County funds shall be expended under this
Agreement. If, for any reason whatsoever, County does not receive such Federal
funds, Contractor agrees ,hat County shall have no payment obligation hereunder.
,2. Payment Amounts. Subject to later adjustments in total payments in
accordance with the below provisions for Cost Report and Settlement, Audits,
and Audit Exceptions, and subject to the Payment Limit of this Agreement, County
will pay Contractor an amount equal to Contractor's allowable costs that are
actually incurred, but subject to the "Budget of Estimated Program Expenditures"
contained in the Project Work Program.
3. Allowable Costs. Contractor's allowable costs are only those which
are determined in accordance with all Federal regulations, guidelines, bulletins,
and circulars pursuant to Title I of the Housing and Community Development Act
of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday,
November 13, 1974, as may be revised and amended. All of the aforesaid documents
are by this reference incorporated herein.
Costs incurred in carrying out the project, whether charged to the project
on a direct or an indirect basis, must be in conformance with the requirements
of Federal Management Circular 74-4, "Cost Principles applicable to Grants and
Contracts with State and Local Governments", except to the extent inconsistent
with the aforesaid documents.
4. Payment Demands. Contractor shall submit written demands for payment
in accordance with the above. Said demands shall be made on County Demand
Form D-15 and in the manner and form prescribed by County. Contractor shall
submit said demands for payment for services rendered no later than 60 days
from the end of the month in which said services are actually rendered. Upon
approval of said payment demands by the head of the County Department for which
this Agreement is made or his designee, County will make payments as specified
above.
S. Right to Withhold. County has the right to withhold payment to the
Contractor by County notifying Contractor in writing if (a) the Contractor has
failed to perform its duties under this Agreement, or has insufficiently documented
same, or (b) the Contractor has neglected, failed or refused to furnish information
or to cooperate with any inspection, review or audit of its program, work or records,
or (c) Contractor has failed to sufficiently itemize or document its demands for
payment.
6. Payment Adjustments. (a) If any funds are expended by the Contractor
in violation of any of the terms and conditions of this Agreement, County may make
necessary adjustments in payments to Contractor on account of such unauthorized or
illegal expenditure. No such action taken by County shall entitle Contractor to
reduce salaries, wages, or supportive services for any particpant or to expend less
during the effective period of this Agreement than those sums called for in the
Project Work Program. Any such reduction in expenditures may be deemed sufficient
cause for termination. Contractor shall reimburse County for any allocated monies
which are expended in violation of this Agreement or used for unauthorized or
illegal expenditures.
00059
7. Cost Report and Settlement. No later than sixty (60) days following
the termination of this Agreement, Contractor shall submit to County a cost
report in the form required by County, showing.the allowable costs that have
actually been incurred by Contractor. under this Agreement. If said cost report .
shows that the allowable costs that have actually be incurred by Contractor under
this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment
Amounts) above, County will remit any such excess amount to Contractor, but subject
to the Payment Limit of this Agreement. If said cost report shows that the payments
made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable
costs that have- actually been incurred by Contractor under this Agreement, Contractor
shall remit any such excess amount to County.
The Contractor shall provide County with a Certification of its Cost Report
required under this Contract. Said Certification shall provide a :full, true, and
accurate accounting of the actual cost of services under this Contract, including
all applicable expenditures, revenues, and indirect cost allocations, and any other
pertinent allocations which are in connection with Contractor's operations that are
not a part of this Contract.
8. Audits. The records of the Contractor may be audited by the County, State,
or United States government, in addition to any certified cost report or audit
required by Paragraph 7. (Cost Report and Settlement) . Any certified cost report
or audit required by Paragraph 7. (Cost Report and Settlement) shall be submitted
to County by Contractor within such period of time as may be expressed by applicable
State or Federal regulations, policies or contracts, but in no event later than 18
months from the termination date of this Agreement. If such audit(s) show that the
payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the
allowable costs that have actually been incurred by Contractor under this Agreement,
including any adjustments made pursuant to Paragraph 7. (Cost Report and Settlement)
above, then Contractor agrees to pay to County within 30 days of demand by County
any such excess amount. If such audit(s) show that the allowable costs that have
actually been incurred by Contractor under this Agreement exceed the payments made
by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjust-
ments made pursuant to Paragraph 7. (Cost Report and Settlement) above, then County
agrees to pay to Contractor any such excess amount, but subject to the Payment Limit
of this Agreement.
9. Audit Exceptions. In addition to its obligations under Paragraph 8. (Audits)
above, Contractor agrees to accept responsibility for receiving, replying to and/or
complying with any audit exceptions by appropriate County, State or Federal audit
agencies occurring as a result of its performance of this Agreement. Contractor
also agrees to pay to the County within 30 days of demand by County the full amount
of the County's liability, if any, to the State and/or Federal government resulting
from any audit exceptions, to the extent such are attributable to the Contractor's
failure to perform properly any of its obligations under this Agreement.
DJF:dh
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oo/_so
GENERAL CONDITIONS
1. Compliance with Law. Contractor shall be subject to and comply with
all Federal, State and local laws and regulations applicable to public agencies
with respect to its performance hereunder, including but not limited to, Federal
regulations, guidelines, bulletins, and circulars pursuant to Title I of the
Housing and Community Development Act of 1974, including Title 24 of the Code
of Federal Regulations, Chapter V. Part 57O, as published in the Federal Register,
Vol. 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended;
and which are incorporated herein by reference. Documentation of such compliance
shall be made available for review by the County upon request.
2. Inspection. Contractor's performance, place of business and records
pertaining to this Agreement are subject to monitoring, inspection, review a.-Ad
audit by authorized representatives of the County, the.State of California, and
the United States Government.
3. Records. Contractor shall keep and make available for inspection by
authorized representatives of the County, the.State of'California, and the United
States Government, the Contractor's regular business records pertaining to this
Agreement and such additional records as may be required by the County.
4. Retention of Records. The Contractor and County agree to retain all
documents pertaining to this Agreement for three years from the date of submission
of the Annual Performance Report by the County to HUD, except as follows:
(a) Records that are the subject of audit findings shall be retained
for three years after such findings have been resolved.
(b) Records for nonexpendable property which was acquired with Federal
grant. funds shall be retained for three years after its final disposition.
(c) Records for any displaced person shall be retained for three years
after he has received final payment.
S. Termination.
a. Failure to Perform. In the event the Contractor fails to perform
properly any of its obligations hereunder and such failure of performance is not
cured by the Contractor within thirty (30) days after receipt of written notice
from the County, the County may in addition to any other remedies, complete the
Contractor's obligations in any reasonable manner it chooses, take possession
of any real or personal property associated with the project, and construct,
operate or maintain the project as the County may deem necessary to fulfill
requirements of the Federal Government. The Contractor agrees to reimburse the
County for any costs or expenses incurred by the County because of said failure
to perform and-also-'agrrees to- convey- title 'to any real property acquired by
Contractor with moject funds should-County-request such title.
b. Cessation of Funding. In the event that Federal funding for this
Agreement ceases, this Agreement is terminated.
c. Failure by the Contractor to perform properly any of its obligations
under this Agreement may be cause for suspension of all obligations of the County
thereunder.
6. Entire Agreement. This Agreement contains all the terms and conditions
agreed upon by the parties. Except as expressly provided herein and in the
"COOPERATION AGREEMENT, H.C.D.A. 1974" effective January 20, 1976 and amendments
relating thereto, if any, no other understandings, oral or otherwise, regarding
the subject matter of this Agreement shall be deemed to exist or, to bind any of
the parties hereto.
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00261
7. Further Specifications for Operating Procedures. Detailed
specifications of operating procedures and budgets required by this Agreement,
including but not limited to monitoring, auditing, billing, or regulatory
changes, may be developed and set forth in written "Informal Agreements"
entered between the Contractor and the County. Such "Informal Agreements"
when entered shall not be modifications to this Agreement except to the extent
that they further detail or clarify that which is already required hereunder.
Further, any "Informal Agreement" entered may not enlarge in any manner the
scope of this Agreement, including any sums of money to be paid the Contractor
as provided herein. "Informal Agreements" may be approved for, and executed
on behalf of the County by the head of the County Department for which this
Agreement is mode or his designee.
8. Modifications and Amendments.
a. General Agreements. This Agreement may be modified or amended
only by a written document executed by the Contractor and the Contra Costa County
Board of Supervisors, subject to any required State or Federal (United States)
approval.
b. Administrative Amendments. Subject to the Payment Limit, only
the Payment Provisions and the Project Work Program may be amended by a written
administrative amendment executed by the Contractor and the head of the County
Department for which this Agreement is made or his designee, subject to any
required State or Federal (United States) approval, provided that such adminis-
trative amendments may not materially change the Payment Provisions or the
Project Work Program.
C. Extension of Term for Performance. Without requiring Contractor
to provide consideration in addition to that supporting this Agreement, the County
of Contra Costa, through its Planning Director, may grant Contractor an extension
of time for performance, beyond that time specified above under 'Term" (Paragraph
3) . Any such extension must be in writing and shall be at the sole discretion of
County.
g. Disputes. Disagreements between the County and Contractor concerning
the meaning, requirements, or performance of this Agreement shall be subject to
final determination in writing by the head of the County Department for which this
Agreement is made or his designee or in accordance with the applicable procedures
(if any) required by the Federal Government.
10. Law GoverningAgreement. This Agreement.1s. made in Contra Costa County
and shall be governed and construed in accordance with the'laws of the State of
California..
ly Conformance with Federal and State Regulations. Should Federal or
State regulations touching upon this Agreement be adopted or revised during the
term hereof, this Agreement is subject to modification to assure conformance with
such Federal or State requirements.
12. No Waiver b4 County. Subject to the "dis utes provision contained herein,
inspections or approvals, or statements by any oJ71cer. agent or employee of the
County indicating the Contractor's performance or any part thereof complies with
the requirements of this Agreement, or acceptance of the whole or any part of said
performance, or payments therefor, or any combination of -these acts, shall not
relieve the Contractor's obligation to fulfill .this Agreement as prescribed; nor
shall the County be thereby stopped from bringing any action for damages or enforce-
ment arising from any failure to comply with any of the terms and conditions thereof.
13. Original Agreement. The original copy of this Agreement and of anyy
modification thereto is that copy filed with the Clerk of the Board of Supervisors
of Contra Costa County.
14• Assignment. This Agreement binds the heirs, successors, assigns and
representatives of Contractor. The Contractor shall not assign this Agreement, or
monies due or to become due hereunder, without the prior written consent of the
County.
IS. Independent Contractor Status. This Agreement is by and between two
independent contractors and is not intended to and shall not be construed to
create the relationship of agent, servant, employee, partnership, joint venture
or association.
00252
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16. Conflicts of Interest. Contractor agrees to furnish to the County upon
demand a valid copy of the most recently adopted bylaws of any Corporation and also
a complete and accurate list of the governing body (Board of Directors or Trustees)
and to timely update said bylaws or the list of its governing body as changes in
such governance occur, if Contractor is a corporation. Contractor promises and
attests that the Contractor and any members of its governing body shall avoid any
actual or potential conflicts of interest and will establish safeguards pursuant
to Paragraph 12 of the attached "Assurances".
17. Confidentiality. Contractor agrees to comply and to require his
employees to comply with ail applicable State or Federal statutes or regulations
respecting confidentiality, including but not limited to, the identity of
recipients, their records, or services provided them, and assures that:
a. All applications and records concerning any individual made or
kept by Contractor or any public officer or agency in connection with the
administration of or relating to services provided under this Contract will be
confidential, and will not be open to examination for any purpose not directly
connected with the administration of such service:
b. No person will publish or disclose or permit or cause to be
published or disclosed, any list of persons receiving services, except as may
be required in the administration of such service. Contractor agrees to inform
all employees, agents and partners of the above provisions, and that any person
knowingly and intentionally disclosing such information other than as authorized
by law may be guilty of a misdemeanor.
18. Indemnification.
a. Contractor hereby waives all claims and recourse against the
County including the right to contribution for loss or damage to persons or
property arising from, growing out of or in any way connected with or incident
to this Agreement except claims arising from the concurrent or sole negligence
of County, its officers, agents and employees.
b. The Contractor shall defend and indemnify the County and its
officers, agents and employees against and hold the same free and harmless from
any and all claims, demands, damages, losses, costs, and/or expenses of liability
due to, or arising out of, either in whole or in part, whether directly or in-
directly, the organization, development, construction, operation, or maintenance
Of the Project except for liability arising out of the concurrent or sole negligence
of County, its officers, agents or employees.
C. In the event County is named as co-defendant the Contractor shall
notify the County of such fact and shall represent County in the legal action
unless County undertakes to represent itself as co-defendant in such legal action
in which event County shall bear its own litigation costs, expenses, and attorney's
fees.
d. This condition shall not terminate on the date specified in the
Agreement but shall remain in full force and effect.
19. Insurance. During the entire term of this Contract and any extension of
modification thereof, the Contractor shall keep in effect insurance policies meeting
the following insurance requirements unless otherwise expressed in the Special
Conditions:
a. Liability Insurance. The Contractor shall provide a policy or policies
of comprehensive liability insurance, including coverage for owned and non-owned auto-
mobiles, naming the County and its officers and employees as additional insureds,
with a minimum combined single limit coverage of $S00,000 for all damages because of
bodily injury, sickness or disease, or death to any person and damage to or destruc-
tion of property, including the loss of use thereof, arising from each accident or
occurrence.
b. Workers' Compensation. The Contractor shall provide the County with a
certificate of insurance evidencing workers' compensation insurace coverage for its
employees.
c. Additional Provisions. The policies shall include a provision for thirty
(301 days written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurace as to the County,
the State and. Federal Governments, their officers, agents, and employees, so that other
insurance policies held by them shall not be required to contribute to any loss covered
under the Contractor's insurance policy or policies. Not later than the effective date
of this Contract, the Contractor shall provide the County with a certificate(s) of
insurance evidencing the above liability insurance.
_3. 00263
20. Notices. All notices provided for by this Agreement shall be in writing
and may be delivered by deposit in the United States mail, postage prepaid. Notices
to the County shall be addressed to Contra Costa County Planning Department, P.O.
Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor
shall be addressed to the Contractor's address designated herein. The effective
date of notice shall be the date of deposit in the mails or of other delivery.
21. Available Copies. Copies of the County's Project documents (as specified
in Paragra-pH $,Project, of this Agreement), and all pertinent Federal statues,
regulations, guidelines, bulletins, and circulars applicable to this Agreement,
shall be available at all times for inspection by the Contractor during regular
business hours at the Offices of the Planning Department, Martinez, California.
22. Retained Powers. All powers not explicitly vested in the Contractor
remain in the a County.
23. Project Development.
a. If the Project includes construction, the construction plans and
specifications shall be reviewed and approved by the Contractor before construction
is commenced.
b. The Contractor shall secure completion of the construction work in
accordance with the approved construction plans and specifications.
c. If the Project includes acquisition of real property, the purchase
price for such real property shall be determined in accordance with the require-
ments contained in Department of Housing and Urban Development (HUD) Handbook
1320.1, Real Property Acquisition. The appraisal reports and qualifications of
appraisers shall be subaitted for review and approval by the County before initia-
tion of the acquisition procedure. Contractor agrees to furnish County preliminary
title reports respecting such real property or such other evidence of title which
is determined to be sufficient by County. Contractor agrees in negotiated purchases
to correct prior to or at the close of escrow any defects of title which in the
opinion of County might interfere with the operation of the Project. In condemna-
tion actions such title defects must be eliminated by the final judgment.
DJF/dh -4- 0040611
(-X1-11111 f A
CONTRA COSI A COUNTY
COMMUNITY DEVELOPMENT PROGRAM 1978-1979
PROJECT WORK PROGRAM
A. PROJECT DESCRIPTION
5. Storni drainage construction to alleviate severe flooding problems in the
Cavallo Road - Woodland Drive area. The area benefitting from project
has over 62% low and moderate income households. Project consists of
2,420 lineal feet of 72 inch diameter reinforced concrete drain pipe,
headwalls, manholes, catch basins and related drainage facilities. The
project will intercept an existing stonn drain pipe- which presently
converges into an inadequate system. Construction project will require
acquisition of drainage easements and utilize existing public rights of way.
B. PROJECT TIME SCHEDULE '
Time Schedule on a month-by-month basis for the above Project indicating when major
activity items are expected to be undertaken and completed.
Work Item Start Date Completion Date
Preparation of designs and July 1, 1978 September 30, 1978
specifications
Acquisition of drainage October 1, 1978 December 31 , 1978
easements
Construction Contract February 1 , 1979 February 28, 1979
Advertisement
Contract Award, Construction March 1, 1979 June 30, 1979
C. PROJECT ADMINISTRATION
Contractor should indicate who will be responsible for administering the Ylork Program.
Stan Davis, Director of Public Works
Ray Vignola, City Planner
City of Antioch
P.O. Box 130
Antioch, CA 94509
757-3333 OV/0.6 j
• PROJECT WORK PROGRAM
D. PERFORMANCE STANDARDS
Contractor should indicate, where applicable, what performance standards (details of project
implementation) will be applied in implementing the Work Program.
Under this program, the Contractor shall:
1 . Have at least one appraisal and one review appraisal completed in the acquisition
of each drainage easement and comply with all federal acquisition requirements as
contained in HUD Handbook 1320.1 - Real Property Acquisition and as outlined in
Assurance No. 6 of the "Guide for Compliance with Assurance and Certification under
the Housing and Community Development Act: ," as provided �y the County Planning
Department.
2. In all contracts, purchase agreements, invoices entered, comply with appropriate
HUD regulations including Equal Opportunity and Section 3 provisions, as provided
in Assurance No. 3 and Appendix VI of the Compliance Guide cited.
3. All contracts under $10,000 entered into shall be in compliance with procurement
procedures contained in Office of Management and Budget (OMB) Circular A-102,
attachment 0 and any other applicable HUD regulations.
4. In all construction contracts over $2,000 enforce and administer Labor Standards
requirements in accordance with Title I of the Housing and Community Development
Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration and Enforcement;
Community Development Block Grant Program, and as provided in Assurance No. 14,
Appendices VIII - XIII of the Compliance Guide cited.
5. All construction contracts over $10,000 shall be in compliance with bid procedures
contained in Assurance No. .3 and Appendix IV of the Compliance Guide cited.
6. All construction contracts over $100,000 shall be in compliance with the bonding
and insurance requirements contained in OMB A-102 Attachment B, and with the
requirements of the Clean Air Act and Federal Water Pollution Control .Act.
7. Obtain required permits before commencing any work and the standards of construction
shall be in conformance with the City Standard Specifications as adopted by the
Antioch in resolution 731 A on May.14, 1951 and applicable State of California
Department of Transportation Standard Specifications dated January 1978.
8. If in the course of the storm drainage construction, any modification to sidewalks
is undertaken, the modifications shall be completed so that the sidewalks are
accessible to handicapped persons.
9. Shall , at a minimum, notify applicable minority owned business firms located in
Contra Costa County of bid opportunities for the construction project and
maintain documentation of such efforts. A listing of minority owned construction
contracting and subcontracting firms located in Contra Costa County and neighbor-
ing counties is available from the County Planning Department.
. 10. Transmit to the County Planning Department a copy of all construction contracts
over $2,000 prior to the Contract being advertised to ensure that all
appropriate requirements andprovisions have been included.
E. PROGRAM MONITORING
I. Contractor's staff-will meet at least once per quarter with appropriate County staff
and Community Development Advisory Council representatives, where applicable,
to discuss progress of the Contractor toward achieving stated work program objectives
and to assist Contractor's staff in solving problems.
2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning "
Department.
3. Contractor shall maintain and submit quarterly monitoring and progress reports on
work performed by sub-contractors.
00406
-2-
• ' PROJECT WORK PROGRAM
IF. BUDGET OF ESTIMATED PROGRAM EXPENDITURES
I. Contractor shall provide services under this Contract in accordance with the following
budget of allowable expenditures:
Line
No. PROGRAM ACTIVITY AMOUNT
I. ACQUISITION OF REAL PROPERTY
2. PUBLIC WORKS, FACILITIES, SITE IMPROVEMENTS $356,150.00
3. CODE ENFORCEMENT
4. CLEARANCE, DEMOLITION, REHABILITATION
5. REHABILITATION LOANS AND GRANTS
6. SPECIAL PROJECTS FOR ELDERLY AND HANDICAPPED
7. DISPOSITION OF REAL PROPERTY '
9. PROVISION OF PUBLIC SERVICES
10. PAYMENT OF NON-FEDERAL SHARES
11. COMPLETION OF URBAN RENEWAL PROJECTS
12. RELOCATION PAYMENTS AND ASSISTANCE
13. PLANNING AND MANAGEMENT DEVELOPMENT _
TOTAL CONTRACT AMOUNT $356,150.00
2. Subject to the Payment Limit of this Contract, each line item budget amount specified
above may be changed with prior written authorization from the County Planning Director
or his designee.
3. The above schedule is subject to a Contractor's Detailed Expenditure Schedule, which
shall sub-categorize in specific detail the above line item categories and amounts
and be kept on file with the County Planning Department, in the form and manner
prescribed by County.
00461
-3-
PROJECT WORK PROGRAM
jG. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE
CONTRACTOR: ACTIVITY NUMBER: .U5it
City of Antioch BUDGET PERIOD: July 1 , 1978 June 30, 1979
(a) (b) (c) (d)
Budget Item - CID Funds - + Other Funds Total $
#5 Storm Drainage Project $356,150.00 $97,000* $453,150.00
Preparation of Designs and
Specifications
Publication Costs
Permits and Fees
Construction
Inspection
Administration
Acquisition Costs
-appraisals
-review appraisals
-closing costs
*City General Revenue Funds
TOTAL $356,1 50.00 (e) $ 97,000.00 $453,150.00
Notes: (a) Detailed categories pursuant to FMC 74-4.
(b) Items are eligible to be funded by CDBG funds.
(c) Estimate of other necessary expenditures that cannot be funded with CD monies;
and indication of anticipated sources.
(d) Sum of (b) and (c) above including both Community Development and non-Community
Development funds.
(e) Contract Payment Limit for CID project. o W 6 115
-4-
f
In the Board of Supervisors
of
Contra Costa County, State of California
A1lvttst• 1 19
In the Matter of
Recommendation of the County
Planning Commission with Respect t
the Request of Mr. Alfred A.
Affinito (2140-RZ) to Rezone Land
in the West Pittsburg Area.
ShP11 Chemical Cos a vOtmPr_
The Director of Planning having notified this Board that
the County Planning Commission recommends approval of the request
of Mr. Alfred A. Affinito (2140-RZ) to rezone 155 acres located at
the northeast corner of the intersection of Port Chicago Highway
and Willow Pass Road, West Pittsburg area, from Heavy Industrial
District (H-I) to Single Family Residential District (R-6) , Multiple
Family Residential District (M-2) , and Community Business District;
IT IS BY THE BOARD ORDERED that a hearing be held on
August 29, 1978 at 9 :30 a.m. in the Board Chambers, Room 107, County
Administration Building, Pine and Escobar Streets, Martinez, California,
and that pursuant to code requirements, the Clerk is DIRECTED to
publish notice of same in the PITTSBURG POST-DISPATCH.
PASSED by the Board on August 1, 1978.
hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
CC: Mr. A. A. Affinito Witness my hand and the Seal of the Board of
Shell Chemical Ccmpany Supervisors
List of Names Provided by affixed this 1st t day of All 31g 19
Planning
Director of Planning �1 R. 1 LSSON, Clark
By t Deputy Clerk
P.onda Q�dahl
00?69
H-24 4/77 15m
LECONTRA COSTA COUNTYPLANNiiliv DEPARTNIPNT
'
. OLSSON
G OF SUP=-RV1SORS
TO: Board of Supervisors DATE: 6 July 1978 �7c
Contra Costa,County
FROM: Anthony A. Dehaesus;;J SUBJECT: REZONING: Alfred A. Affinito (Appli c
Director of Plannin' f Shell Chemical Co. (Owner) - 2140-RZ - 155 Acre:
Ifrom H-1 to R-6, M-2 & Communitity Business
LjDistrict. West Pittsburg Area S. . 7)
Attached is Planning Commission Resolution No. 51-1978, adopted by the Planning Con-iss-
ion on Tuesday, July 5, 1978, by a vote of 5 AYES - 2 ABSENT (Walton, Compaglia).
This application was reviewed by the Planning Commission on Tuesday, June 6, 1978 and
again on Tuesday, June 20, 1978, and was approved for a change from Heavy,; Industrial-
(H-I) to Single Family Residential (R-6), Multiple Family Residential (M-2) and for
Community Business.District by unanimous vote of the Commission (All members PRESE,::rL) .
The property is located at the northeast corner of the intersection of Port Chicago
Highway and Willow Pass Road in the I•Iest Pittsburg area.
The following people should be notified of your Board's hearing date and time:
Alfred A. Affinito (Applicant) Bay Area Rapid Transit District
538 Affinito Lane 800 Madison Street
Pittsburg, California 94565 Oakland, California 94607
Attn: Mr. Howard L. Goode
Interlake Steel, Inc. Mgr. , Planning Programs
761 Port Chicago Highway Mr. Nello J. Bianco,
Pittsburg, Calif. 94565 Vice President, B.4-RTD
Attn: Richard Walker, Plant Manager
(See attached list for additional names and addresses)
C
AAD/v
cc: Alfred A. Affinito
Shell Chemical Company
2140-RZ & West Pittsburg General Plan Amendment files.
Supervisors, District: I, II, III, IV, V.
Attachments: Resolution, Findings Map, Area Map, Staff Reports, EIR, Vinutes
NlicroriiM&d with board order
ooz10
Alfred A. Affinito (Applicant) - Shell Chemical Co. (Owner) - 2140-aZ
Michael L. Alderson, Attorney Mr. James T. Chappell
(Representing Interlake Steel, Inc.) Box 5406
2090 - 231d Street Denver, Colorado 80217
San Pablo, California 94806
Mr. Dennis Gremer
(Interlake Steel, Inc.)
150 Riverside Drive
Test Pittsburg, Calif. 94565
C. Emes
3391 Willow Pass Road
Pittsburg, Calif.
Mr. Ralph E. Downing
Pacific Gas & Electric Co.
3001 Delta Fair Boulevard
Antioch, California 94509
Theodore B. Lichti
68 Bay View Avenue
Pittsburg, California
William R. Stead, Manager, Real Estate
Interlace Steel, Inc.
2015 Spring Road -
Oak Brook, Illinois 60521
Shell Chemical Company
Post Office Box 711
Martinez, California 94553
Attn: Mr. M. S. Waller
City of Antioch
Post Office Box 130
Antioch, Calif. 94509
City of Pittsburg
2020 Railroad Avenue
Pittsburg, Calif_ 94565
Attn: Jean Abraham, Director, Community Development
J. Peter Attorney
c/o P. G. & E-
77 Beale Stn.:
San Francisca., California 94106
nH
M
WcrofilmOd v%!th bode
v
J
/ Resolution r;o. 51-7973
RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF
CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE IN
ZONING BY ALFRED A. AFFINITO (APPLICANT) , SHELL CHEMICAL COMPANY (OIdNER) , (2140-RZ) ,
IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE WEST PITTSBURG
AREA OF SAID COUNTY.
WHEREAS, a request by ALFRED A. AFFINITO (Applicant) , SHELL CHEMICAL COMPANY
(Owner) , (2140-RZ), to rezone approximately 155 acres of land from Heavy Industrial
District (H-I) to Single Family Residential District (R-6) , Multiple Family Resident-
ial District (M-2) , Neighborhood Business District (N-B) and Planned Unit District
(P-1) , was received by the Planning Department Office on May 26, 1977; and
WHEREAS, after notice thereof was lawfully given, a public hearing was held
by the Planning Commission on Tuesday, June 20, 1978, whereat all persons interested
therein might appear and be heard; and
WHEREAS, an Environmental Impact Report was prepared, posted and distributed
for comments and transmitted to the Planning Commission on April 15, 1978, and
thereafter made available to those interested; and
WHEREAS, after notice thereof was lawfully given, the Planning Commission
conducted public hearings on the Environmental Impact Report and on April 25, 1978,
and May 23, 1978, closed the hearing on the Environmental Impact Report on May 23,
1978; and
WHEREAS, the Planning Commission reviewed the comments submitted in response
to the Environmental Impact Report and studied the written replies to the comments
and finds that the Environmental Impact documents constituting the Final Environmental
Impact Report are adequate and provide an environmental analysis suitable for decis-
ion making on the project; and
NOW, THEREFORE, BE IT RESOLVED that pursuant to its responsibilities as a
hearing body for County projects, the County Planning Commission certifies to the
Board of Supervisors of the County of Contra Costa that it finds the Environmental
Impact Report to be adequate and that it has been completed in compliance with the
California Environmental Quality Act, with State guidelines and County processing
procedures; and
BE IT FURTHER RESOLVED that the Planning Commission recommends to the Board
of Supervisors of the County of Contra Costa, that the rezoning request of ALFRED A.
AFFINITO (Applicant), SHELL CHEMICAL COMPANY (Owner), (2140-RZ) , be APPRO ..`
MiC1'o11.#;1w wiril bvoard order
I
!I
Resolution No. 51-1978
a change from Heavy IndusrL'i::z District (H-I) to Single Family Residential Dis-
trict (R-6) , Multiple Family Residential District (M-2) and Community Business
District, and that these zoning changes be made as is indicated on the findings
map entitled:
A PORTION OF THE DISTRICTS MAP FOR THE WEST AMBROSE AREA, CONTRA COSTA COUNTY,
CALIFORNIA, INSERT MAP NO. 34, which is attached hereto and made a part hereof;
and
BE IT FURTHER RESOLVED that certain environmental impacts may follow as a
result of the rezoning. These include:
(a) Reduced opportunities for mitigation of noise impacts through
design from existing and future industry in the area.
(b) Reduced possibilities for incorporating future Bay Area Rapid Transit
District rail extension on site.
(c) Reduced opportunity for redesign for amenities in future development.
BE IT F?':?THER P. SOL:7-D that the Planning Commission considers the provis-
ion of moderate income housing in the area to be of overriding importance.
BE IT FURTHER RESOLVED that the Chairman and Secretary of this Planning
Commission shall sign and attest the certified copy of this resolution and
deliver the same to the County Board of Supervisors as is required by the
Government Code of the State of California.
The instruction by the Planning Commission to prepare this resolution was
given by motion of the Planning Commission on Tuesday, June 20, 1978, by the
followi-ng vote:
AYES: Commissioners - Milano, Phillips, Stoddard, Young,
Compaglia, Walton, Anderson.
NOES: Commissioners - None_
ABSENT: Commissioners - None.
ABSTAIN: Commissioners - Alone.
I, jo.:a'd E. Anderson, Chairman of the County Planning Commission of the
County of Contra Costa, State of California, hereby certify that the foregoing
-2- ttticrofiim0d with board order
00273
Resolution No. 51-1978
was duly called and held in accordance with the law on Wednesday, July 5, 1978,
and that this resolution was duly and regularly passed and adopted by the
following vote of the Commission:
AYES: Commissioners — Milano,5toddard, Phillips, Young,
Anderson.
NOES: Commissioners - None.
ABSENT: Commissioners - Walton, Compaglia.
ABSTAIN: Commissioners - None.
Chairman of the Planning Commission of the
County of Contra Costa, State of California
n
r
ATTEST: L
/
Secretaranning Commiss-on of the
County�oo ta, State of California "
00274
-3-
Microfilmed witli board order
rj
I Hri
I i N•B
I
It
IT
qi
/! I • / , r, ..{:.
I � t
` A-2 ` i ! } II I (� I f> L 2 L H 1 to R
H"I to M-29 i� a-_
lilt
--DotAALC E- AA NI:`,� ' Chairman of the Contra Costa County
Planning Commission, State of California, do hereby certify
that this is a true and correct copy of
0
CZLIH= CA 1. &M%h. INSCLz MAO Na 34
indicating thereon the decision of the Contra Costa County Planning
. Commission in the matter of A%-P&etA- Al!it1wx&
14; Z. , 1411
! Chairman of Fhe Contra Costa County
Planning Commission, State of Calif.
,^t ;EST; '
Sec'retary''f the Cd ro Costo/County
Planning Commis ion, State of Calif.
j�iC i U11iFf1�/ with board order
Planning DepartmentCOI"�!t l Planning Cnnttnissunl Memhe$&
C Donald E. Anderson
Cost Moraq.� Chairman
Colr fiy Afhnfnfslralion [3uddfng, North Wing William V. Walloir
' P 0 Rex r>`)II'h•.r_uff 11811 Vu.,Ocitfnt��n
Marline•: Calllornrt 94553 County
Att�ert R.Compaglia
M.0 rine.,
Anthony A.Dehaesus Doeclor of Planning
William L. Milano
rillslfnrg
Phone: 372-2024 Carolyn D. Phillips
Rodeo
Jack Stoddard
Richmond
June 5, 1978 Andrew H. Young
Alamo
RESPONSES TO COMMENTS ON THE DRAFT EIR FOR
GENERAL PLAN AMENDMENT AND
REZONING 2140-RZ
To Concerned Parties:
This document is the Contra Costa County Planning Department response to
written comments presented to the Planning Department and statement
presented at public hearings concerning the draft environmental impact report
for. General Plan Amendment and Rezoning 2140-RZ, Shell Ranch, West
Pittsburg.
In order to comply with the California Environmental Quality Act (CEQA) and its
guidelines, an initial study was conducted for this project. It was determined that
an environmental impact report should be prepared to identify all areas of
potential impacts resulting from the proposal, and what measures may be taken
to mitigate these impacts. The draft EIR was completed and posted on April 5,
1978. That draft EIR together with these comments and responses are intended
to comprise the final EIR for the project.
Persons commenting on the draft EIR are:
o W. Lloyd Gallagher, District Manager/Engineer, Contra Costa County
Sanitation District No. 7-A
o Contra Costa Resource Conservation District, Thomas W. Holmes
o San Francisco Bay Regional Water Quality Control Board, Steve R.
Ritchie, North Bay Section
o CALTRANS, District 4, B. C. Bachtold, Deputy District Director
o Bay Area Rapid Transit District, Howard Goode, Manager, Planning
Programs
o Nello Bianco, Vice President, BART Board of Directors
o Association of Bay Area Governments, Charles Q. Forester, Director of
Plan Implementation
o Bay Area Air Pollution Control District, Milton Feldstein, Deputy Air
Pollution Control Officer 00270
ABJah Micro ilmod with board older
RESPONSE TO COMIAENTS I:ECEIVEU - ENVIRONMENTAL IMPACT REPORT
-GENERAL PLAN AMENDMENT AND REZONING 2140-RZ
Letters from Contra Costa County Sanitation District No. 7-A, April 24,
19-78--a—n& May 9, 1978: No response necessary.
Letter from Contra Costa County Resource Conservation District, MaX 4,
1978. The staff comments on page 2 of the letter concerning soil
conditions and proposed mitigation for erosion control and water
management should be considered incorporated into the Geology and Soils
section of the EIR.
Memorandum from San Francisco Bay Regional Water Quality Control Board,
M-� 3, 1978: No response necessary.
Comment to State Clearinghouse from Caltrans, District 4, May 11, 178:
More etai a intersection analysis of traffic impact of the project is not
feasible, because specific internal road networks have not been defined.
As the comment recognizes, the traffic analysis is based on a general plan
amendment - rezoning level of detail, rather than a specific project plan.
Figure 5, Projected Traffic Generation, does indicate increased traffic on
State Highway Route 4 westbound from the Willow Pass Road on-ramp, and
estimates ADT and peak-hour increases on this segment and a change in
peak hour level of service from B to C.
Letter from Bay Area Rapid Transit District, May 5, 1978, and text of
statement by Neo Bianco, Vice President, BART Board of Directors,
at Contra Costa County Planning Commission public hearing, May 23, 1978:
The Land Use and Panning section of EIR, page 9, discusses in genera
existing BART proposals for right-of-way and station development on the
site. Under Impact, page 11, the following paragraph should be added:
"Development of the site as proposed without provision for eventual BART
right-of-way or station facilities could increase the cost or preclude the
routing of the Pittsburg - Antioch extension through this site."
Under Mitigation, page 11, the following item should be added:
"Consultation among County staff, BART staff, and the developer
should determine if the rezoning and general plan amendment can
reasonably accommodate reservation of right-of-way or land for future
BART extension. Planned unit development (P-1) zoning of the site
may be the most appropriate mechanism to allow future BART
development."
0UAO
1
Letter from Association of Bay Area Governments, May 5, 1978: The
of owing should be added to the fourth paragraph on page 21, in the
Economics and Fiscal Considerations impact section of the DEIR.
"The forgone option of new base employment would also be a lost
opportunity to generate job growth in an area of high unemployment,
compared to the county as a whole (see Community Characteristics section,
page 5). This could have potential, indirect, air quality benefits through
reduction of home - to - work commute and lower transportation costs for
workers. The extent of this effect cannot be estimated without knowledge
of what industry could locate at the site, and to what extent this industry
would draw on the immediately surrounding labor pool."
The ABAG letter also discusses the implication (page 11) that further
publicly-assisted housing in the West Pittsburg area would be an impact.
This section of the DEIR notes that development of the project would not
be consistent with proposed use of the site for low-income housing as
proposed in the County Community Development Block Grant Application,
and that the project as proposed would provide moderate-income housing.
The section does not state that further establishment of low-income housing
in the area would be an adverse impact. Although a Section 8 rental
assistance program is in effect in the West Pittsburg area, there is no
basis for assuming that this program would be extended to the proposed
development, and the conclusion in the DEIR that the project would
provide moderate-income housing is the most logical to be drawn based on
existing information.
Letter from Bay Area Air Pollution Control District, MaX 22 1978: This
Tetter raises six questions relating t e project, industrial eve opment and
regional air quality concerns. These are discussed below:
1. Future potential industrial development in the area could generate air
quality problems for the project vicinity. The potential sources are a
proposed doubling of capacity at the Exxon refinery at Benicia, about
10 miles west of the site; 2,000 acres of industrial land in east
Pittsburg currently for sale by U.S. Steel, and the Pacific Gas and
Electric generating plant north of the project site for which a Notice
of Intention has been filed with the State since this DEIR was
prepared. While it can be assumed in general that these industrial
uses could generate air quality problems at the project site, data
cannot be developed without making assumptions about future
development or examining the Notice of Intention.
2. Established residential areas near the site do not appear to have
hindered development of industry in the area. In addition, the site
was marketed as industrial for a period of time by Shell and no
existing industry in the area appeared interested in acquisition,
implying that their needs could be met on existing sites.
3. While air quality and other environmental conditions related to
industrial uses are possible contributing factors to deterioration of
the Shoreacres area, it is difficult to draw a direct connection
between air quality problems and physical deterioration of this
2 00278
residential area. Compared to other heavy industry in the county,
proximate to deteriorated residential areas the industry near
Shoreacres generates less severe air quality emissions than oil
refineries as generating plants.
4. Developing the site for heavy industrial use as currently zoned is
discussed in Alternatives in the DEIR on pages 58-60:
"Climate and air quality impacts of industrial uses would probably be
of a different type and quantity than the primarily vehicle emissions
pollutants associated with residential development. However, these
would vary according to types of industrial development and
applicable air quality regulations." (page 59)
5. According to County staff, it is unlikely that the proposed buffer
zone would come under public control as the project is currently
proposed. Mechanisms for such control include planned unit
development at the site and dedication of the buffer to a park
district, or rezoning of the buffer area to W-3, an industrial buffer
zone designation.
6. See comment 1.
3 002"19
Coetitfrn
s(rt
o► my Santlat►0►► District 110. 7-A K E C: F ' 'V � D
595 Mck fArnianul Stred
AIIAurq, 12a 94730f:-) APR Z5 11 04 AN '78
April 24, 1978
i
Mr. James Cutler
Planning Department
4th'Floor, Annex Building
651 Pine Street
Martinez, CA 94553
Subject: Environmental Impact Report Concerning General Plan
Amendment and Rezoning 2140-RZ
Dear Mr. Cutler:
We have reviewed the above EIR which concerns the Shell Chemical
Company property in •►'lest Pittsburg.
Our comments pertain to the section on sanitary sewage service
on page 32. Bob Jackson, of County Environmental Control, told me
today that there are 500 remaining sewer connections available for
the existing plant in Vilest Pittsburg, rather than the 1.00 stated in
the report.
With regard to the second paragraph under. "Impact", on page 33,
you are probably already aware that the developer has requested,
through the District, that LAI1C0 proceed with its procedural require-
ments in connection with the annexation of the property to District
7-A. A copy of the District Board Resolution in this connection was
sent to the Director of your planning office on April 17, 1978.
Should the development proceed it is very clear that a phased
construction program will be necessary so that the capacity of the
existing sewage treatment plant will not be exceeded unless the
Regional Quality Control Board permits further relaxation. This would
appear unlikoly as we are currently under a cease and desist order in
connection with the operation of the plant.
Very truly yours,
<�- �
Lloyd Gallagher J
District Manager/Engineer
F►LG:
cc: Bob Jackson, Environmental Control
00200
h Ir►dunir��►►��.
432-850()
District
r)�oullty Sl{ilit({ll(,I1 f1J1tiL1'icI , lo. 7-A r_ ED
59 1) tick, �Atin,rn d�'�lrccd
AIW) ry, Ca 9q)05 MAY I 1 1127 All '76
May 9, 1978 J,• . .: :_.•,;.
Director of Planning
County Planning; Department
Contra Costa County ,
651 Pine Street, Annex
Martinez, CA 945.53
Subject: Vest Pittsburg; Community Development Constraints
The County Sanitation District No. 7—A Board, at its meeting
on May 8, 19708, considered two actions that concern the above
community. These were:
1. Resolution 7/78 freezing the boundaries of the
District until a new annexation charge may be
developed and approved;
2. Passing; of a District Board Order directing; the
issuance of a letter to the elected, administrative,
and planning; officials of the three communities
involved, concerning*, sewage capacity constraints,
insofar as the design of the District's subrerrional
wastewater facilities are concerned.
The subreg;ional vrastevrater secondary treatment facilities now
under Planning and construction, will replace the four existing
primary treatment plants now operating within the District. The
desigm czracity of the treatment plant is based upon the District's
anticipated 10.86 population, as derived from then existing 1976
population fi[;ures projected ahead to 1;86 by a review of long range
planning estimates by the County and community planning agencies.
00281
County Plnnni�.. Depnrtment
Fnpo 2 U
• Uny 9, 1978
The reasons that an annexation charge must be developed for
areas not now in District No. 7-A, are several:
1. The population estimate increases were based on
11.1str.Ic t boundori rs ns thc%ir ex i s t at pre sunt,
therarore, the designed capaci tY of the plant
should be considered as reserved for properties
• within the present District, thus any Froperty
.� to be annexed should pay for an incremental
amount to go towards a reserve for further
expansion of the plant;
2. Taxpayers in the existing District have already
made a downpayment through their 1977-78 taxes
on the new subregionnl treatment facilities.
Those wishing to annex should have to "buy in"
to be on an equitable basis;
3. There are significant administrative costs in
processing annexation applications to completion.
The 1986 Design Capncity assigned to ;lest Pittsburg is 1.33
4lillion Gallons per Day (MGD). The original Project Report basis
was as follows:
1971. 1976 1986
Domestic Seviage 0.78 0.80 1.14
Industrial Sewage 0.11 0.11 0.15
Ground Water Infiltration 0.03 0.03 0.04
Avg. Dnily Flow 0.92 0.94 1.33
Other related information that is necessary for you in knowing
lest Pittsburg's share of the treatment plant capacity, is as follows:
Peak :let Yleather Flow - 3.24 MGD.
Average Daily Biochemical Oxygen Demand (B.O.D.) - 2101 lbs/day.
Avcrnge Daily '.uspcndi d Solids - 2248 lb s/dny.
As it is possihle for your community to assess the amount of
setivage presently entering the Shoreacres primary treatment plant,
it would be possible Cor you to then develop a plan that would have
the above design information factored into the controls.
00282
• County I'].atnu l?cparLment !�
I we 3 `✓ �.
:1-1y 9, 1978 .
The County lois inforinition from Lhe 1975 Test Pittsburg Special
Census, which would give you art idea of Lite number of persons to
expect for the different types of dwelling units. The figure of
80 gallon^/day/porson is often used as a rule-of-thumb in calculating
sewage fl.ovis, however, Shoreacres experience gained since the drought
may indicate this is high.
• The above caIxicity is essentially Mint Fest Pittsburg; will be
t paying for, and it should not be exceeded until Trerttment Plant
Stage II expansion is completed (originally contemplated for the
year 1986).
It would be appreciated if your community would: (1) place
the District tanager/Engineer on the distribution list for all
future Environmental Impact Statement drafts for proposed new
developments; and, (2) report quarterly to the District, the average
daily sewage flows (Including B.O.D. and suspended solids data),
beginning with the first quarter of 1978.
Very truly yours,
Eric If. Ilasseltine
Chairman, District 7-A Board
EIIII:dcw
cc: District Manager/Engineer
Public ".orks Department
Environmental Control
00283
' 5552 Clayton Road - Concord,California 94521 - Telephone: (415) 682-2266
May 4, 1978
fir,'•-,_�3C
CCC PLANNING DEPARTMENT MID:-
651 Pine Street
Martinez, California 7,
SUBJECT: -
GENERAL PLAN AMENDMENT
AND REZONING 2140-RZ
V
Gentlemen:
_ o0
This is to advise that the Contra Costa Resource Conservation
District staff has reviewed the above environmental impact report. The-
following comments apply as indicated.
The project does not conflict with any current or planned District
or Soil Conservation Service project.
The environmental impact report is adequate and in conformance with
District plans and policies.
�r The environmental impact report lacks provisions for control of
erosion algid water management during construction.
Additional information is required as noted on the attached sheet.
Changes, as noted on the attached sheet, should be made before ,
approval can be given by this District.
This environmental impact report is considered to be inadequate,
therefore, the District must oppose the project.
Thank you for keeping us informed on the environmental aspects of your
project. Please feel free to call on us if you have any questions or if we
can be of assistance.
Yours very truly,
NOTE: Please see attachment.
00284
GENERAL PLAN AMENDMENT
AND REZONING 2140-RZ - 2 - May 4, 1978
STAFF COMMENTS
The soils in the area intended for rezoning are of the Antioch series
and present a potential problem in establishing landscaping, since the soil
does have an acidity/alkalinity problem. The pH of the surface soil will vary
from 5.1 to 6.0. The sub soil may vary from 6.1 to 9.0: The optimum range
for growing most plants is a pH of 6.5 to 8.0.
It is suggested that on-site soil testing be made and this information be
made available to prospective home buyers.
The permeability rate is very poor, making it mandatory that the grading
of the building pads be done in such a manner there will be no ponding of
water, and thus no accumulation of salts.
Due to the clay pan type soils, leaching of more accumulated salts is
very restricted and may cause problems of corrosion or very limited choice .
of plants.
Properly designed detention basins should be constructed on the site,
should construction eventually be approved. These basins would reduce surface
runoff and deposition of sediment in the Suisun Bay.
TWH/n
00281
;§tate of (ITAfforttia
GOVERNOR'S OFFICE
OFFICE OF PLANNING AND RESEARCH
f" 1400 TENTH STREET
SACRAMENTO 95814
EDMUND G. BROWN JR. (916) 445-0613
GOVCRNOR
May 22, 1978 .
IT1
r�
Arnold Jonas -
Contra Costa County w
P. O. Box 951 - ;f',
Martinez, CA 94553
-. o0
SUBJECT: SCH# 78042556 - 2140-RZ GENERAL PLAN AMENDMENT
Dear Mr. Jonas:
This is to certify that State review of your environmental document is
complete.
The results of the State review are attached. You should respond to the
comments as required by the California Environmental Quality Act.
You should address your responses to the commenting agency with a
copy to the Clearinghouse.
Sincerely,
Deni•Greene
Director
State Clearinghouse
DG/ddt
Attachment
cc: Ken Fellows, DWR
Mary Schell, Library
Steve R. Ritchie, CRWQCB
002��
State of California The Resources Agency of California
. Me* mo'rand um
To Diane Navarro Date: May 3, 1978
Department of Water Resources
Resource Evaluation Office File No. 2118.04 (SRR) vjw
1416 Ninth Street, Room 215-4
Sacramento, CA 95814
From Son Francisco Bay Regional Water duality Control Board
1111 Jackson Street,Oakland 94007
Subject: DEIR - Contra Costa County General Plan Amendment (SCH 78042556)
The DEIR properly identifies the sewer connection limit on page 32. Of the
allowed 1000 connections, slightly more than half have been used. This limit
will definitely remain in effect.until the subregional treatment plant is
constructed. The mitigation measures of delaying construction or at least
phasing it so that all new connections remain within the remaining allocation
is necessary.
We also concur with the mitigation measures listed on page 42 for water
quality. The runoff from the proposed development would not create a major
pollution problem by itself, but it would contribute cumulatively to the
general degradation of Suisun Bay and its tributaries.
"A P��4/'
STEVE R. RITCHIE
North Bay Section
cc: State Water Resources Control Board
Division of Planning and Research
Environmental Analysis Unit
P. 0. Box 100
Sacramento, CA
00297
fntc of LItliforilit't
�_ +�^•. GOVERNOR'S OFFICE
; �^•�j`�J OFFICE OF PLANNING AND RESEARCH
1400 TENTH STREET
SACRAMENTO 95814
EDMUND G. BROWN JR. (916) 445-0613
GOVERnoe
May 24, 1978
C71) fly
Arnold Jonas V 1�
Contra Costa County
P. U. Box 951 W •
Martinez, CA 94553
opo
SUBJECT: SCH# 78042556 - 2140-RZ GENERAL PLAN AMENDMENT
Dear Mr. Jonas:
In a letter to you dated May 22, the State Clearinghouse verified your
compliance with the review procedures contained in the State Guide-
lines for Implementation of the California Environmental Quality Act.
The attached comment was sent to the Clearinghouse at a later date.
You are not required to respond to it.
Sincerely,
Deni Greene
Director
State Clearinghouse
DG/ddt
Attachment
00258
May 11, 1973
Comments of Caltrans , . District 4 , concerning the Draft Environ-
mental impact Report for the GENERAL PL.M : J,%Ij: DME.iT AND RLZ. -
ior 155 acres of land in .tiest Pittsburg , Contra Costa
ounty, State Clearinghouse ::o . 7SU4255o.
In our opinion, the traffic analysis is probably adequate for
the purpose of this DEIR, which is for rezoning, but we believe
a DEIR for the project itself should have more detail, with
analyses of peak hour traffic at key intersections and comments
on the project 's impact on State highway Route 4 .
Thank you for the opportunity to comment on this DEIR. We would
appreciate receiving a copy of the Final EIR.
B. C. B aCHTO D
Deputy District Director
00289
B A R T BAY AREXRAPID TRANSIT DISTRICT
' 800 Madison Street
Oakland,California 94607 C
Telephone 465.4100 R LE C i." ',1 C a
MAY 8 133 PH 118
May 5, 1978 PLA?IIlr.,;
HARVEY W.GLASSER,•M.D.
PRESIDENT •
Mr. Anthony A. Dehaesus
Director
NELLO J.BIANCO Contra Costa County Planning Department
VICE PRESIDENT P.0'
.0. Box 951
Martinez , CA 94553
FRANK C. HERRINGER Dear Mr. Dehaesus :
GENERAL MANAGER
BART staff has reviewed the Environmental Impact
Report for General Plan Amendment and Rezoning 2140-RZ
DIRECTORS in West Pittsburg and finds that it inadequately
discusses the potential BART extension and the proposed
BARCLAYSIMPSON development project. The report describes the
IST DISTRICT recommendations of the Pittsburg-Antioch Extension Study
NELLOJ' BIANCO but makes no effort to relate the proposed development
?ND DISTRICT to the BART design , nor address the impact of the
ARTHUR J.SHARTSIS proposed development on an eventual BART extension.
3RD DISTRICT We feel that this information should be available to
HARVEY W. GLASSER, MD. the Board of Supervisors for their decision on the
.TH DISTRICT application.
ROBERT S. ALLEN The BARTlannin staff is currently updatingextension
5TH DISTRICT p g uy
plans , including the Pittsburg-Antioch project . We
JOHN GLENN have not had an opportunity to discuss this project
6TH DISTRICT with Environmental Science Associates , but we are
ROSLYN L.BALTIMORE prepared to do so and feel their report would benefit
7TH DISTRICT from our efforts and an appreciation of current thinking.
EUGENE GARFINKLE
6THDISTRICT This proposed rezoning and development brings to the
JOHN KIRKWOOD fore one of the critical issues facing the BART
91m DISTRICT extension - how will the actions of other public bodies
impact the cost of the extension . If development takes
place, the cost estimates for the project will be
correspondingly increased, potentially to a point where
the project can no longer be funded. BART staff is
currently examining the number and extent of potential
OUB 90
Mr. Anthony A. Dehaesus
Page 2
May S , 1978
development conflicts so that the BART Board may consider
its position. If extensions such as that to Pittsburg and
Antioch are to be feasible, complementary decisions Will'
be needed by other public bodies. The environmental impact
report not only fails to examine the issue, it does not
even raise the question.
Sincerely,
H v rd L. Good -
Manager, Planning Programs
HLG: sag
00,431
A STATEMENT -JIY NIMLO 13IA%C0
VI CI: 1110:S l DENT, BART IMAIZI) 01: DIRECTORS
PUBLIC HEARING, CONTRA COSTA COUNTY PI.ANN :t ! A''�,•` L ����
• TUESDAY, MAY 23 , 1978 n
1 MAY 2 31978
(ANTRA COSTA. COUNTY,
PU1111JI118 COMMISSION MEEII;Ia
Good Evening, Ladies and Gentlemen. Ply name is Nello Bianco
and I am the Vice-President of the BART Board of Directors 'and
represent District No. 2 which includes the areas of Pittsburg
and Antioch. Several years ago I chaired the Pittsburg-
Antioch BART Extension Board which was responsible for a major
study of a BART extension to Pittsburg and Antioch. The findings
of that project relate .to the decision which is before the
Commission on the Shell Property General Plan Amendment .
'Tile BART extension study identified •this parcel as an
appropriate site for a future West Pittsburg Station and the
extension alignment is shown as passing diagonally across the
property. Our study found that residential use of the Shell
parcel was compl'ementary to the transit station and a station
area development concept was prepared which is similar to the
proposed design in the current application.
While the proposed plan amendment is consistent with the
• BART extension in a very general sense, I am concerned that the
development of the property take place in a manner compatible
With the eventual extension of BART. We feel that the developer,
BART and the County can work together on a development plan which
does not create an obstacle to the BART extension .
00292
`1��l�:�Clltil=(1 11�' Tll�. mr\•, Q:- Jrl'r�� �i�1�tr1u1( ��+ ti.���• '�;+ 1 (It���'1�'I .
Statement by Nello Bianco 2.
Although•• no implementation timetable for the BART extension
has been set , the recent growth of Pittsburg and Antioch
increases the need for such an extension. The manner in which the
Shell property and others are developed has important right-of-
way cost implications for the BART line. Extension feasibility
could well turn on the extent to which new development has
allowed for BART, or made it more difficult and costly. I
believe that we have the opportunity here to demonstrate that the
area does want BART and is willing to do its part in laying the
ground work.
I.et me now be more specific. I would like to request
that the developer work with DART as the development plan is
prepared. A BAR'r line can easily be accommodated in a linear
park or in the wide median of a local street . Our proposed
alignment has some flexibility and we can probably arrive at a.
mutually agreeable solution.
While I recognize that the matter before you is limited to
a general plan amendment and that zoning and site plan remain, I
feel it is important to consider the BART question early in the
process so that an important opportunity is not lost. I urge
you to take whatever steps are necessary and appropriate to
cause development under your responsibility to occur in a way
consistent with the planned BART extension. We at BART are
prepared to work closely with yoii, your sta f r and the developer
in 1-vaI izinl; this goal .
00293
TY
Statement by Nello Hitanco 3•
This concludes my remarks , however I will be happy to
respond to any questions you may have about BART or the extension
project.
00491
` 0ALAG
Association of Bay Area Governments
Hotel Claremont Berkeley, California 94705 (415)841-9730
�"
May 5, 1978 3�
C30 M
CO
Ln _
Mr. Anthony A. Dehaesus rrs
Director of Planning
Contra Costa County Planning Department C"
County Administration Building, North Wing
P.O. Box 951
Martinez, California 94553
RE: Draft Environmental Impact Report General Plan Amendment and Rezoning
of Shell Chemical Company Property
Dear Mr. Dehaesus:
Thank you for the opportunity to review the Draft EIR for the General
Plan• Amendment and Rezoning of the Shell Chemical Company site. The
following comments are those of staff and, except where noted, should
not be construed as an official ABAG policy position either in favor
of or in opposition to the proposed project.
The Draft EIR does a good job in assessing the potential impact of the
loss of a large available industrial site (pgs. 16-17) . In this vein,
the Draft EIR should include a discussion of the potential benefits of
job growth occurring near areas of recurring high unemployment (e.g.
reduction of home to work commute, lower transportation cost to resi-
dent labor force).
With respect to housing concerns, the statement that additional publicly-
assisted housing in this area would constitute impaction needs to be
supported by data (e.g. a statement as to which subsidy programs are
currently being utilized to provide housing opportunities for lower-
income residents in West Pittsburg) . Lacking this information, it
would be incorrect to assume that the proposed development, at least
in part, cannot serve this need. In the price-rent range discussed
(pg. 11) it may be possible to utilize Section 8 assistance for rental
housing in conjunction with this development. With the present mix of
dwelling units, it may also be possible to increase home ownership
opportunities for lower-income people, through Section 235 or Section
8-with cooperatives. This opportunity could be enhanced if the housing
mix was altered to provide more multiple family units. ABAG's member
Representing City and County Governments in the San Francisco Bay Area 00295
governments in adopting the Regional Housing Plan have underscored the
need to increase housing opportunities for lower-income people and in-
crease the housing supply to meet the region's need. The information
requested will permit that fuller analysis.
Thank you again for the opportunity to comment. We trust that our con-
cerns will be addressed in the Final EIR. If you have any questions
about the above comments please do not hesitate to contact me.
Sincerely,
Charles Q. Forester
Director of Plan Implementation
U
3
.m
(p ..
•t r
002�.�
BAY AREA AIR POLLUTION CONTROL DISTRICT
May 22 , 1973
J
a
AI.AMI DA CUIINIY - N rn
yr
111 ,, �:.,•„ Air.. Anthony A. Dehae us
S .�
Director of Planning
Contra Costa County Planning Dept.
'P. 0. Box 951
CON111A COSTACOUNTY
.1: ('(1
, ,11•,1•.Iwnny Martinez , CA 94553
Ll.vcn lance
1.,AHIN CMINlY Attention: Mr. Arnold B. Jonas , Chief 00
11.,,,,.1,•,I1n,er Environmental Assessment
NAPA COUNTY
5..•I.C I..In Re : Draft Environmental Impact Report (DEIR)
LII,IIfIL.'I\411) General Plan Amendment and Rezoning
SAN 1nA1JCIbC0 COUNTY 2140-RZ . Proposed to Construct 700
"'inh•e„ I domes plus Neighborhood Commercial
John 1.Ltnlln."i Shopping Facilities on 155 Acres .
SAN MAH-0 COUNTY
w;,v,Jr. Gentlemen
�'a1,;urnlrlrnclg .
SAMA CIA11A COUNTY We have reviewed the above referenced DEIR and offer
11n11'W„I11111 the following comments for your consideration.
I..Uu I A :',Ceutuod.,1e
VI-..CII ulh.r.anl
1:.'.',I.IL•1 f.,.•In,:.117 We have some real concerns about the air pollution
S01 ANO l'uUN1Y implications of this proposed rezoning-general plan amend-
I.In1.',I.•III.K ment. At present the site experiences odors from oil
SONUGtA COMMrefinery drift. The site has the potential to be impacted
Geraldrl.Pa:nanav;ch by refinery "upsets" involving pollutants of critical concern.
Although the prevailing winds at the site are from the WNIV
during the day, the area is subject to drainage winds at
night which can carry odors from east of the site including
east Pittsburg. ,
The following is a series of questions which decision-
makers should consider and which the E'•IR should address
with specific reference co air quality in the area of this
proposal.
1. To what extent will future industrial development
in the vicinity adversely affect existing residences
and the proposed residential development?
2 . In respect to existing industries , will their
flexibility be hindered by additional residential
development in the area?
00291
939 ELLIS STREET • SAN FRANCISCO, CALIFORNIA 94109 • (415) 771 6000
Mr. Anthony A. Dehaesus -2- May 22, 1978
3. Are past air quality problems and a potential for
occasional poor air quality contributing factors in
the physical deterioration of the Shoreacres residen-
tial area? Will this proposed development share the
same fate?
4. If the subject site is developed as .presently zoned
for industrial use, what types of uses are anticipated
and what might be the air quality impacts upon
existing residential areas nearby?
5. With the approval of the proposed residential develop-
ment, would the so-called buffer areas between
residential and industrial use come under public
control?
6. What would be the air quality impact of the proposed
new P.G. F E. power plant emissions upon this proposed
new residential area?
If you have any questions concerning our continents ,
please contact Ralph Mead, Senior Planner, Technical Services
Division.
Sincerely,
Milton Feldstein
Deputy Air Pollution Control Officer
MF:ey
cc: P. Wondra, EPA
W. Lockett, ARB
00298
04-18
Environmental Impact Report
GENERAL FLAN AMENDMENT
AND REZONING 2140 — RZ
Contra Costa County, California
Drafrt
w'rli board order
00299
ESA-EIR-0478
April 1978
Draft Environmental Impact Report
GENERAL PLAN AMENDMENT
AND REZONING 2140-RZ
Prepared for
Contra Costa County, California
00300
TABLE OF CONTENTS
Page
I. SUMMARY AND PROJECT DESCRIPTION. . . . . . . . . . . . 1
Summary . . . . . . . . . . . . . . . . . . . . . . 1
Location . . . . . . . . . . . . . . . . . . . . . . . 2
General Description. . . . . . . . . . . . . . . . 3
Context and Objectives . . . . . . . . . . . . . . . . 3
II. THE SOCIAL AND ECONOMIC ENVIRONMENT. . . . . . . . . . 5
Community Characteristics. . . . . . . . . . . . . . . 5
Land Use and'the General Plan. . . . . . . . . . . . . 7
Traffic and Circulation. . . . . . . . . . . . . . . . 13
Economic and Fiscal Considerations . . . . . . . . . . 16
History and Archaeology. . . . . . . . . . . . . . . . 27
Community Attitudes. . . . . . . . . . . . . . . . . . 28
III. COMMUNITY SERVICES . . . . . . . . . . . . . . . . . . 30
Police Protection. . . . . . . . . . . . . . . . . 30
Fire Protection. . . . . . . . . . . . . . . . . . . . 30
Schools. . . . . . . . . . . . . . . . . . . . . . . . 31
Water Service. . . . . . . . . . . . . . . . . . . . . 31
Sanitary Sewage Service. . . . . . . . . . . . . . . . 32
Storm Drain Service. . . . . . . . . . . . . . . . . . 33
Solid Waste. . . . . . . . . . . . . . . . . . . . . . 34
Phone, Gas and Electric Service. . . . . . . . . . . . 34
Parks and Recreation . . . . . . . . . . . . . . . . . 35
Transit. . . . . . . . . . . . . . . . . . . . . . . . 35
IV. THE BIOLOGICAL AND PHYSICAL ENVIRONMENT. . . . . . . . 37
Geology and Soils. . . . . . . . . . . . . . . . . . . 37
Seismology . . . . . . . . . . . . . . . . . . . . . . 39
Hydrology and Water Quality. . . . . . . . . . . . . . 41
Climate and Air Quality. . . . . . . . . . . . . . . . 43
Ecology. . . . . . . . . . . . . . . . . . . . . . . . 46
Noise. . . . . . . . . . . . . . . . . . . . . . . . . 48
Visual and Esthetic Aspects. . . . . . . . . . . . . . 51
Energy . . . . . . . . . . . . . . . . . . . . . . . . 52
V. IMPACT OVERVIEW. . . . . . . . . . . . . . . . . . . . 55
Unavoidable Adverse Impacts of the
Proposed Project. . . . . . . . . . . . . . . . . . 55
Beneficial Impacts of the Proposed Project . . . . . . 56
Relationship Between Local Short-Term Uses
of Man's Environment and Enhancement of
Long-Term Productivity. . . . . . . . . . . . . . . 56
Irreversible Environmental Changes . . . . . . . . . . 57
Growth-Inducing Impacts of the Project . . . . . . . . 57
zz 00301
r �
VI. ALTERNATIVES TO THE PROPOSED PROJECT . . . . . . . . . 58
VII. REPORT PREPARATION . . . . . . . . . . . . . . . . . 62
VIII. BIBLIOGRAPHY . . . . . . . . . . . . . . . . . . 64
IX. APPENDIX . . . . . . . . . . . . . . . . . . 67
zzz 0030;
LIST OF TABLES
Page
1 Project Traffic Generation . . . . . . . . . 14
2 Industries in Site Vicinity . . . . . . . . . . . 19
3 Distribution of 1977-78 Property Taxes from
Project Site. . . . . . . . . . . . . . . . . . 20
4 Approximate Probability of Occurrence of Earthquakes
on Selected Bay Area Faults . . . . . . . . . . 39
5 1975 and 1976 Air Pollutant Summary,
Pittsburg Monitoring Station. . . . . . . . . . 44
6 Typical Noise Levels Near a
Construction Site . . . . . . . . . . . . . . . 49
7 Projected Energy Use. . . . . . . . . . . . . . . 53
8 Alternative Energy Use Intensities at
Shell Site . . . . . . . . . . . . . . 60
LIST OF FIGURES
Follows Page
1 Regional and Site Locations . . . . . . . . . 2
2 Proposed General Plan . . . . . . . . . . . . 3
3 Existing Zoning . . . . . . . . . . . . . . . . . 7
4 Existing General Plans. . . . . . . . . . . . . . 7
5 Projected Traffic Generation. . . . . . . . . . . 13
6 Basic Design Concepts for Passive Solar Energy
• Utilization. . . . . . . . . . . . . . . . . . 54
iv
00303
I. SUMMARY AND PROJECT DESCRIPTION
SUMMARY
The applicant, Alfred Affinito, is requesting a General Plan amendment and
rezoning and proposing a preliminary development plan for 155 acres of
land in West Pittsburg, Contra Costa County. The land is currently
vacant and owned by Shell Chemical Company, and is designated in the
County General Plan and zoned for heavy industrial use. The plan
amendment and rezoning would allow County approval of a preliminary
proposal by the applicant for the development of 700 housing units and
eight acres of neighborhood commercial uses.
The impacts analyzed in this report are based on the specific land uses
proposed; however they generally reflect the impact of any development
possible under the requested plan amendment and rezoning. It is
possible, however, that significantly different land uses could be
accommodated under the requested plan amendment and rezoning. In that
case, some of the quantitative impacts on population, services, traffic and
circulation, etc. could be different than those described in this report.
The major economic and land-use impacts associated with the proposed
development would be the irreversible loss of land for agricultural use and
for potential industrial use. The permanent loss of land for industrial use
would preclude new base employment opportunities and result in a loss of
tax base for the County. County and special district budgets would be
adversely affected. It could also cause the dislocation of some of the
existing retail uses in the West Pittsburg area and could delay absorption
of approved retail centers in the City of Pittsburg.
Mitigation measures suggested include: (1) use of the data from Industrial
Siting Pilot Project (being developed by ABAG) to ascertain the relative
value of the Shell site for industrial development; (2) financing of a
market analysis by the applicant to determine whether there is sufficient
demand for the proposed shopping center; (3) a fiscal analysis of the
proposed development.
1 00301
Land use conflicts between industrial uses and proposed single-family uses
at. the northern boundary of the site would be another significant adverse
impact of the proposed project:. Potential noise impacts from passing trains
and the possible construction of a PG&E power plant about 1300 feet from
the northern boundary of the site heighten these land use conflicts.
These impacts could be mitigated if an open space buffer were developed
at the northern boundary of the site, and if the project were developed
under- the County's Planned Unit Development (P-1) zoning concept.
Additional acoustical study and restriction on the time of construction
activities are recommended measures to mitigate the noise impacts.
The proposed project could utilize, on a first-come, first-served basis, the
remaining 400 service hook-ups available in the County Sanitation District
7-A. Additional sewer service for this project would be available by 1981.
Phased development or a delay in project construction until 1981 are
recommended mitigation measures.
Additional adverse impacts include the generation of additional traffic on
Willow Pass Road and Port Chicago Highway, and the reduction in the
permeability of land surface with an increase in storm water run-off and
the cumulative contribution to water run-off reaching Suisun Bay.
Mitigation measures for these impacts include new signal timing at the
intersection. of Port Chicago Highway and Willow Pass Road, implementation
of planned widening of Willow Pass Road, and the development of a
drainage system to handle surface runoff.
These adverse impacts should be considered together with the identified
beneficial impacts of the proposed project. The beneficial impacts include
provision of moderate-priced housing in West Pittsburg, which would
provide additional home ownership opportunities and promote a mix of
population and income groups in that community. This residential
development would tend to restrain price increases in other parts of the
region, and may encourage the rehabilitation and maintenance of the
housing stock. Other beneficial impacts include the provision of
short-term construction employment and new long-germ retail trade
employment, assuming no equivalent loss of jobs in the existing retail
sector.
LOCATION OF THE PROJECT
The proposed project would be located on a now vacant 155-acre parcel of
land in the West llit.tsbur•g area of unincorporated Contra Costa County.
The site is bounded on the south by Willow Pass Road, on the west by
Flort. Chicago Highway, on the north by semi-vacant lands (the point where
Pacifica Avenue stub ends to fort Chicago highway marks the northern
boundary), on the east by semi-vacant lands and industrial plants (the
point where Alves Avenue stub ends to Willow Pass Road marks the eastern
boundary of the site). The regional and area location of the proposed
project is shown on i'igure 1 .
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GENERAL DESCRIPTION/1/
The applicant proposes a General Plan amendment, rezoning and
preliminary development plan on 155 acres of land now owned by Shell
Chemical Company. The site is designated for Heavy Industrial use in the
Contra Costa General Plan and is zoned for heavy industrial use (H-1).
With the proposed General Plan amendment and rezoning, about 96 acres at
the northern boundary of the site would be designated as single-family
residential and would be zoned R-6. About 45 acres in the middle and
southeastern boundaries of the site would be designated for multiple-family
residential in the General Plan and would be zoned M-6. An additional six
acres would be planned for multiple-family residential development and
zoned M-3. About eight acres at the southeast corner of Willow Pass Road
and Port Chicago Highway would be designated for retail shopping in the
General Plan and would be zoned for neighborhood business (N-B).
Finally, a five- to seven-acre public park may be developed near the
center of the single family residential area and a common open space area
is planned in the middle of the area zoned M-6. A sketch of the proposed
General Plan amendment and rezoning is shown in Figure 2.
With the proposed General Plan amendment, rezoning and planned
development, it is anticipated that a total of 700 units would be
constructed. It is anticipated that a total of 350 single-family units on
6,000 square foot lots would be constructed on the R-6 portion of the site.
The proposed selling prices for these three- to five-bedroom units would
be $45,000 to $55,000.
The 45-acre site zoned M-6 would be developed with 250 single-story,
single-family detached units with zero lot lines. These units would be
built on 3,200 square foot lots and would sell for $40,000 to $50,000. The
six acres with M-3 zoning designation may be developed with typical
two-and three-story apartment buildings consisting of 100 units and
renting from $175 per month for a one-bedroom up to $250 per month for a
two-bedroom unit.
The eight acres planned for neighborhood business zoning would be
developed with neighborhood commercial uses, such as a supermarket,
drug store, bank and other related uses.
CONTEXT AND OBJECTIVES
The site has been designated for Heavy Industrial Use in the Contra Costa
General Plan since 1963. In February, 1973, an Environmental Assessment
was completed on the proposed Westgate Planned Unit development on the
same site. This development, proposed by Kaiser Aetna, was to be built
on 266 acres of land, which included the site of the proposed General Plan
amendment and rezoning. A total of 1,585 dcelling units, including
single-family units, mobile homes, quadriplex homes, and a condominium
apartments were proposed. A shopping center comprising 60,000 square
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00306;
feet of building area on 15 acres, and park and open space elements were
proposed. This development was not considered further by the Contra
Costa County Planning Commission, because the applicant decided not to
proceed in acquiring the necessary approvals./2/
The applicant for the current General Plan amendment and rezoning has
indicated that the subject property is in excess of the needs of Shell
Chemical Company and that Shell has not been successful in selling the
subject property for industrial use./3/ Because of recent residential
developments in the area, the applicant feels that the proposed General
Plan amendment, rezoning and development is more compatible with the
existing area. Thus, the applicant's objectives are to develop housing
that is affordable to moderate-income households and to develop needed
commercial uses that can be supported by the existing and proposed
residents in the area.
The Contra Costa County Planning Department is currently updating the
1963 General Plan for the West Pittsburg Area. A preliminary staff
recommendation in the revised General Plan wll be that "the major portion
of the site (about 135 acres) be 'Multiple-family Residential Medium
Density' ", permitting a maximum density of 18 dwelling units per acre.
This designation would permit both single-family and multiple-family
development and would encourage a mixture of housing types. The
staff-proposed General Plan revision also recommends that twenty acres at
the southwest corner of Port Chicago Highway and Willow Pass Road be
designated for "Retail Shopping." A community commercial center, large
enough to serve both future residential development on the site and the
larger West Pittsburg community, and a neighborhood park is also
recommended. It is further recommended that consideration be given to 1)
development of the site under a Planned Unit Development (P-1) concept,
since the site is large and centrally located in West Pittsburg; and 2)
buffering the existing industrial uses north of the site from future
residential uses, possibly through the provision of open areas as an
interface between industrial and residential development.
NOTES - SUMMARY AND PROJECT DESCRIPTION
/1/ This section is based on a telephone communication with AIfred A.
Affinito, January 25, 1978.
/2/ Telephone communication with David Van Pelt, ECOSCAPE, January 26,
1978.
/3/ Based on a letter dated April 18, 1977, from Alfred A. Affinito to
Anthony A. Dehaesus, Director of Planning.
4
00309
II. THE SOCIAL AND ECONOMIC ENVIRONMENT
COMMUNITY CHARACTERISTICS
Setting
The project site is located in West Pittsburg, an unincorporated community
of Contra Costa County. The community is generally bounded by the City
of Pittsburg on the east, State Route 4 on the south, the Port Chicago
U.S. Naval Magazine on the west and the Southern Pacific and the
Atchison, Topeka and Santa Fe railroad lines to the north.
According to a 1975 special census of the population of the County, West
Pittsburg had a much lower median income, higher unemployment rate and
higher percentage of non-white households than Contra Costa County as a
whole. (West Pittsburg includes portions of Census Tracts 3141 and
3142.) West Pittsburg comprised about 2 percent (9,000) of the total
County population (580,519). This populaton was distributed among 3,183
households with a median annual income of $8,769, compared to $15,026 for
the County. Sixty-eight percent of males and 26 percent of females in
West Pittsburg were fully employed compared to 80 percent and 37 percent,
respectively, for the County. The unemployment rate was almost
7 percent for males and 4 percent for females, compared to almost
3 percent and almost 2 percent, respectively, for the County.
In West Pittsburg, 79 percent of households were identified as white,
compared to 87 percent for the County. Black families accounted for
12 percent, Mexican-American for 5 percent, and other minorities for about
4 percent of West Pittsburg households.
Housing in West Pittsburg is characterized by about the same ratio of
single-family to multiple-family housing as the County as a whole
(69 percent single-family) but vacancy rates are higher and the percentage
of owner-occupied units are lower in West Pittsburg compared to the
County. In 1975, the vacancy rate in West Pittsburg was 11 percent,
5 00310
compared to 6 percent for the County, and only 47 percent of West
Pittsburg homes were owner-occupied compared to 70 percent in the
County. Housing condition was relatively good with 4 percent of units
dilapidated or deteriorated (requiring major repair or replacement),
compared to 3 percent for the County. Median monthly housing payment
in 1975 was $120, compared to $252 for the County as a whole. West
Pittsburg has been identified as an area requiring technical assistance and
loans to rehabilitate sub-standard housing occupied by low- and
moderate-income persons.
Place of work for employed heads of households in West Pittsburg was
concentrated in that community (21 percent), the Martinez-Port
Chicago-Pittsburg-Antioch area (24 percent), and other areas of the
County (27 percent). Places of work for County residents as a whole
include a higher' proportion for Alameda County and San Francisco (36
percent).
Impact
The proposed General Plan amendment and rezoning would allow
development of both single-family and multiple-family dwellings on the site.
The plan would allow up to 600 single-family units on the site which could
generate an additional population of 1,860 persons. The multiple-family
area proposed could accommodate up to 100 units or about 210 persons.
These estimates are based on 1975 dwelling unit-population ratios in the
West Pittsburg area. This total potential population of 2,070 persons
would be a 21 percent increase in the West Pittsburg population, and a 0.3
percent increase in 1975 County population.
The applicant has proposed single-family homes in the $45,000 to $50,000
range which could allow purchase by moderate-income families. Therefore,
the populaton of the project could have lower median incomes than the
County as a whole. Overall monthly housing costs in the project area
would probably be higher than the 1975 West Pittsburg median of $120.
These issues are discussed further in the Community Attitudes section of
this EIR.
The proposed neighborhood commercial uses would serve the proposed and
existing residential development. Other commercial areas in West
Pittsburg, such as those commercial areas along Willow Pass Road, contain
vacant lots and structures, and the project could draw further business
away from these areas. The economic impact of the proposed development
will be discussed further in the Economic section of this EIR.
6 00311
LAND USE AND THE GENERAL PLAN
Setting
Existing Zoning and Land Uses
The site is presently vacant and zoned and designated in the General Plan
for heavy industrial use. This zoning permits the manufacturing and
processing of petroleum, lumber, steel, chemicals, explosives and all other
industrial or manufacturing products. The zoning and uses surrounding
the site are diverse (see Figures 2 and 3).
North of the site are semi-vacant lands, zoned H-1. A gas station and the
Interlake Steel Company is the closest building north of the site. Further
north beyond the Atchison, Topeka, and Santa Fe, Southern Pacific, and
the Sacramento Northern railroad tracks, are generally low-lying,
undeveloped marsh lands, except for the McAvoy Boat Harbor and some
marine-oriented industrial uses.
To the northwest, at the corner of Port Chicago Highway and Pacifica
Avenue, is a small neighborhood shopping center, which includes a liquor
store, U.S. Post Office, and beauty salon. This area is zoned for
neighborhood business (N-B). Further west beyond the shopping area is
a subdivision of single-family homes, "Shore Acres," constructed in 1950
and zoned R-6.
Two small vacant parcels are located at the southeast corner of Pacifica
Avenue and Port Chicago Highway. Further southward along Port Chicago
Highway is a cluster of mobile homes in an area zoned T-1. Further west
and south of the mobile-home units is a newer subdivision of single-family
homes, zoned R-6.
The uses along the southern boundary of the site across Willow Pass Road
are as diverse as the uses along the western boundary of the site. This
boundary includes two areas zoned for retail business (R-B), where such
uses as the Shop 'N Save market, and a realty office, veterinarian's
office, and four vacant parcels can be found. Also two other areas zoned
for multiple-family development (M-2) are located along Willow Pass Road.
The latter area includes single-family residential units and an apartment
building. Much of the area further south of Willow Pass Road is developed
with single-family units. —
Immediately east of the site are additional vacant lands owned by Shell
Chemical and also zoned H-1. Further east are two industrial plants on
lands zoned H-1 and scattered dwellings.
Present and Proposed General Plan Policies
The County General Plan was adopted in 1963. The project site and lands
north of the site are designated for heavy industrial use in the 1963
General Plan. (See Figure 4.) The northwest corner of Port Chicago
Highway and Pacifica Avenue is planned for commercial uses; the areas
7 00312
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H-1 HEAVY INDUSTRIAL R-7 SINGLE-FA.4ILY RESIDENTIAL
A-2 GENERAL AGRICULTURE R-10 SINGLE-FAMILY RESIOViTIAL FIGURE 3 EXISTING ZONING
M-2 MULTIPLE-FAMILY RZSICENTIAL R-20 SINGLE-FAMILY RESIDENTIAL
M-R-A MULTIPLE-FAMILY P.ESICENTIAL R-3 RETAIL BUSINESS Source - 3e_oning St::Gy.
4-R-8 MULTIPLE-FAMILY RESIDENTIAL 0-I TWO-FAMILY RESIDENTIAL Westgate, Contra Cassa County.
Coleman, caller, Associates.
R-6 SINGLE-FAMILY RESICENTIAL T-I MOBILE HOVE PARK Nov. 1977
N-B IIEIGHBORH000 BUSINESS 00313
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further west and south are planned for residential uses. The 1963 County
General Plan also designated the area immediately south of the site for
single family residential use at five to seven dwelling units per acre.
The County's 1978-1979 Housing and Community Development Block Grant
application was recently approved by the County Board of Supervisors.
One of the County activities included in the application is that Ambrose
School, located at Willow Pass Road and Alves Lane, will be acquired with
$250,000 in third year Community Development Block Grant funds to
provide a multi-purpose neighborhood facility and park in the West
Pittsburg area. The Block Grant application also designates Census Tract
3142 in the West Pittsburg area as a potential site for lower-income housing
and portions of both Census Tracts 3141 and 3142 in West Pittsburg as
target areas for housing rehabilitation.
The Contra Costa County Planning Department is currently updating the
1963 General Plan for the West Pittsburg Area./1/ One preliminary staff
recommendation in the revised General Plan will be that "the major portion
of the site (about 135 acres) be 'Multiple-family Residential Medium
Density' ", permitting a maximum density of 18 dwelling units per acre.
This designation would permit both single-family and multiple-family
development and would encourage a mixture of housing types. The
staff-proposed General Plan revision also recommends that twenty acres at
the southwest corner of Port Chicago Highway and Willow Pass Road be
designated for "Retail Shopping." A community commercial center, large
enough to serve both future residential development on the site and the
larger West Pittsburg community and a neighborhood park is also
recommended.
Finally, it is further recommended that consideration be given to 1)
development of the site under a Planned Unit Development (P-1) concept,
since the site is large and centrally located in West Pittsburg; and 2)
buffering the existing industrial uses north of the site from future
residential uses, possibly through the provision of open areas as an
interface between industrial and residential development.
The development of the West Pittsburg area is also of interest to the City
of Pittsburg since West Pittsburg area is in the City's sphere of influence.
However, Pittsburg's adopted General Plan Map (1961) does not include a
land-use designation for the West Pittsburg area./2/ The Pittsburg
General Plan text does include policies which promote adequate employment
and economic development of the Pittsburg community. One of the
principal goals of the General Plan is to encourage additional business and
industry to move to Pittsburg and to provide training opportunities for
new jobs. The Ceneral Plan adds that heavy industrial areas should be
separated from other- less-intensive uses for the protection of the
surrounding uses and industries. It is suggested that large areas of open
space could be used to buffer incompatible uses and that lighter industrial
uses, such as warehousing and light manufacturing operations, might be
appropriately located between heavy manufacturing and other uses
(Pittsburg General Plan, 1961).
The Pittsburg General Plan is currently being revised. However, no ^
preliminary land use recommendations for the West Pittsburg area have
been developed.
8 09315
Land Use Proposals Related to the Project
A proposed Pacific Gas & Electric Company power plant north of the site
and the 1975 Bay Area Rapid Transit (BART) Extension Study, which
identified the Shell site as the preferable location for a future BART
station, can be discussed in relation to the proposed General Plan
amendment.
The proposed PG&E power plant would be constructed across the railroad
tracks as shown in Figure 2. Although planning for the plant is in the
preliminary stages, a Notice of Intention, which must be submitted to the
State Energy Commission for extensive review and public hearing, has
already been filed. The proposed power plant would be a combined-cycle
facility which uses both combustion and steam turbines to produce
electricity. The turbines would be located on the southerly portion of the
PG&E parcel near the railroad tracks and the cooling towers would be
located on the northwestern portion of the proposed PG&E site.
Construction of the power plant is planned in four phases. Half of the
facility would be completed in 1980 and the second half of the plant would
be completed in 1982 and 1983.
The 1975 BART Extension Study is the second significant land-use
proposal that can be discussed. Although it is uncertain whether local
jurisdictions and residents would approve a BART station at the Shell site,
the general design concepts suggested for the site should be noted.
According to the Study, an aerial station would be located 900 feet from
the intersection of Port Chicago Highway and Willow Pass Road and an
at-grade concourse would connect to an open plaza within a shopping
center designed as a focal point of the proposed new community on the
Shell site. Housing would be organized on either side of the BART line
with higher density housing located closest to the site and progressively
lower densities radiating out from the station. The BART study suggests
a mix of high-density apartments, townhouses and single-family homes with
common open spaces and a parkway beneath the aerial rail line.
Development of this BART extension is probably only a long-term
possibility.
Impact
Land Use Compatibility
The proposed General Plan amendment would remove a significant parcel of
land from potential heavy industrial use. However, total development of
the land as planned in the County's current General Plan could be
incompatible with residential uses south and west of the site. The
proposed location of the higher density apartments and zero-lot-line units
would be compatible with the residential uses located south and west of the
site. However, the R-6 zoning and low-density development proposed at
the northern and eastern boundaries of the site could be incompatible with
the heavy industrial uses and zoning north and east of the site. This
land use conflict would increase if the proposed PG&E power plant is
constructed north of the site. It is not known whether development of the
subject site would affect eventual approval of the PG&E plant. It should
9
0031 S
be noted that Shell Chemical owns the 70 acres of land immediately east of
the site and plans to keep this area in open space or industrial buffer (as
shown in Figure 2). While this open area would provide an adequate
buffer at the eastern boundries, the land-use conflicts at the northern
boundaries would remain.
Conformance with Proposed Plans and Land Use Proposals
The applicant's proposed General Plan amendment, rezoning and
development plan is generally consistent with the preliminary General Plan
revisions recommended by County staff. The overall density would be less
than 18 units per acre and a mix of single-family and multi-family
development is proposed. Also a range of densities radiating out from the
shopping center follows the design concepts of the BART Extension Study.
However, one main difference between the staff-proposed General Plan
revisions and the proposed General Plan amendment is that the staff
recommends a larger community-type shopping facility, rather than an
eight-acre neighborhood shopping center as proposed in the subject
General Plan amendment. A larger shopping area was also envisioned in
the 1975 BART Extension Study. The question as to which type of
shopping area would be most compatible with the existing area is an
economic issue as well as a land use issue. The economic impazts of
providing a neighborhood shopping center versus a larger community
shopping center are discussed in the Economics Section of this report.
Another difference between preliminary staff General Plan revisions for the
Shell site and the proposed General Plan amendment is that no buffer
between existing industrial uses to the north and proposed single-family
residential development is proposed. This buffering concept is also
included in the City of Pittsburg General Plan. As noted earlier, the lack
of an adequate buffer at the northern boundary of the site would result in
significant land use conflict between the proposed residential uses and the
industrial use.
The proposed rezoning would not be a Planned Unit Development (P-1) as
suggested by County Staff. Development of the site as a Planned Unit
Development could provide the flexibility or design needed to maintain the
same general density requested, but provide additional open area at the
northern boundary of the site. "The Planned Unit District is intended to
allow diversification in the relationship of various uses, building
structures, lot sizes and open space while ensuring substantial compliance
with the General Plan and County code in requiring adequate standards
necessary to satisfy the requirements of the public health, safety and
general welfare." (Contra Costa County Zoning Ordinance, p. 364.)
The P-1 zoning may also be desirable since the M-6 zoning requested for
the units with zero lot lines does not strictly conform to the M-6 zoning
requirements. The proposed zero lot line units would be built on 3,200-
square-foot lots while M-6 zoning requires a minimum of 7,200-square-
foot lots. If the flexibility of P-1 designations is not desirable, the
closest compatible zoning designation would be M-4, which requires a
minimum lot size of 4,800 square feet. Rezoning to R-4 would still require
larger minimum lot sizes than presently proposed.
10 00317
The proposed General Plan amendment does include a possible park site of
five to eight acres as envisioned in preliminary staff recommendations for
the site. However, the County zoning ordinance requires that 500 square
feet per dwelling unit (which would be eight acres on the Shell site) be
dedicated or fees of $300 per unit, or a combination of fees and land
dedication be required for public park or recreation purposes. The
proposed renovation of Ambrose School was planned to serve the existing
recreation needs of the West Pittsburg community. In view of the large
residential population envisioned as a result of the proposed development,
the full eight acres for public open space should be provided.
Finally, it should be noted that the proposed residential development would
not provide a site for lower-income housing in the West Pittsburg area, as
recommended in the County's Block Grant application. The single-family
units selling at $45,000 to $55,000 and the zero-lot-line units selling at
$40,000 to $50,000 would be affordable to moderate-income families. Also
the rents proposed in the apartment units would be affordable to
moderate-income households. However, the area already has a
concentration of lower-income households, as is discussed in the Community
Characteristics Section of this EIR. Development of the nature proposed
would tend to promote a mix of population and income as well as housing
types in the West Pittsburg area. Programs to provide assistance to
existing low-income renters (such as the Section 8, Rental Housing
Assistance Program for Existing Housing) and mortgage assistance to
existing homeowners, along with planned housing rehabilitation assistance,
may be more appropriate mechanisms to improve housing opportunities for
lower-income households in the West Pittsburg area.
Mitigation
Suggested by this Report:
- Require P-1 development of the site, providing maximum amount of
open space possible at the northern boundary of the site and
reorienting the shopping facility to the western boundary of the site,
across from Port Chicago Highway and Pacifica Avenue.
- Require as a condition of project approval that the 70 acres of Shell
property east of the site be designated for open space use as an
industrial buffer.
- Require as a condition of project approval that an eight-acre public
park be developed on the site to provide open space uses within the
proposed residential development.
- See the Community Attitudes section of this EIR.
�� 0031S
NOTES - LAND USE
/1/ This discussion on the proposed changes in the 1963 General Plan for
the West Pittsburg area is based on the Draft General Plan Amendment
for the Shell Property, and a personal communication wit Kristin O son,
Planner, Contra Costa County Planning Department, January 21, 1978.
/2/ Personal communication with Mark Berrata, City of Pittsburg, '
January 27, 1978.
12 00,7111
TRAFFIC AND CIRCULATION
Setting
At present the site generates a maximum of 30 trip ends per day during
cattle round-up periods. During most periods, ten trips are generated by
cattle tending./l/
Five principal streets serve the area: State Highway 4 (four lanes),
Willow Pass Road (two lanes), Port Chicago Highway (three lanes), Pacifica
Avenue (two lanes) and Bailey Road (two lanes). Estimated average daily
traffic (ADT), peak-hour volumes, and level of service during peak-hour
flows for these principle streets are shown on Figure 4. Each lane can be
assigned a level of service ranging from free flow conditions (level of
service A) to extreme congestion (level of service F)./2/ Port Chicago
Highway and Willow Pass Road are heavily travelled at peak hours and
approach unstable flow conditions (level of service D).
At the intersection of Port Chicago Highway and Willow Pass Road, the
left-hand turn lanes function at approximately 70 percent of capacity,
assuming equal splits of traffic and a 50-36-20 second signal cycle./3/
This is equivalent to level of service C to D during peak-hour flows. At
present, State Highway 4, Bailey Road, and Pacifica all provide level of
service B and C.
Willow Pass Road will be widened from two to four lanes in the near
future. Bailey Road will also be widened to four lanes in conjunction with
the development of a 193-unit subdivision (No. 5064) planned at the
southeast corner of Bailey Road and Willow Pass Road.
Impact
The proposed residential uses would generate an estimated 5,750 trips per
day. The eight-acre commercial development would generate approximately
4,200 trips per day. A total of approximately 10,000 trips per day would
result from the proposed development of the site./4/
Primary vehicle trips were assigned to streets based on estimated trip end
sources within the West Pittsburg area, and are outlined in Table 1. The
traffic from the development would exit on the two roads leading to Willow
Pass Road and the three roads leading to Port Chicago Highway (see
Figure 5). Four of these intersections would require three-way
intersection control. Depending on the road alignment on the northernmost
exit across from Pacifica Avenue, four-way intersection control may be
required. The volume of traffic to and from these five exits depends on
internal road networks in the development.
13 00320
/ • '�!
1,410
• •';•.'r
910
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1,910 .. :.. `� �\. , tU� t..,+
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�' � TC•';�!TrJt1 /< , I R 0 84 fET;
��� .1;. Ij.(\ 7• `! 0 !1 r t.srq1VI R
ourts
l/,' ;tib tr f / l rE• !- ; �. t' ,( ft�
1
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5
CA ryes kO�ECTEO T
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r-,ice)
TABLE 1
PROJECT TRAFFIC GENERATION
Internal circulation (within
' the proposed development) 20%
West on Willow Pass Road 35%
(from 2 southern exits)
East on Willow Pass Road 25%
(from 2 southern exits)
North and South on Port
Chicago Highway 20%
(from 3 eastern exits)
Secondary assignments for vehicle trips:
Bailey Road 50% of westbound Willow
Pass Road traffic
Pacific Highway 33% of northbound Port
Chicago Highway traffic
Figure 5 indicates the increases that the development would add to 1978
ADT and peak-hour traffic, as well as the resulting changes in levels of
traffic.
Willow Pass Road, Port Chicago Highway, and the intersection of the two
would have more congestion and lower levels of service than presently
during peak hours. The intersection would be affected by additional
vehicles making left-hand turns.
Mitigation
Suggested by this Report:
- If development occurs at the site, the County Public Works
Department will require that Port Chicago Highway be widened by the
developer along the frontage with an additional northbound lane and a
shoulder./4/
- Implementation of planned widening of Willow Pass Road prior to or in
conjunction with project construction.
14 00322
The intersection of Port Chicago Highway and Willow Pass Road would
require new signal timing to handle adequately the additional traffic.
The proposed development and future development of the area would
eventually require additional left-hand turn lanes in all three
directions.
Align two of the development exits directly across from Alves Lane
and Pacifica Avenue. This would allow access north on Port Chicago
Highway, west on Pacifica Avenue, and east on Willow Pass Road more
directly from the development.
The extension of BART or other improved mass transit systems could
tend to decrease the levels of existing traffic.
NOTES - TRAFFIC AND CIRCULATION
/1/ Personal communication with Gary Bennett, rancher at the Shell site,
February 1, 1978.
/2/ Highway Research Board, 1965.
/3/ Telephone communication with Lyall Burke, Public Works Department,
Contra Costa County.
/4/'. Calculation is based on trip ends estimates in the Guidelines for Air
Quality Impact Analysis of Projects, by the Bay Area Air Pollution Control
District, 1975. The assumptions used follow:
Unit Type Trip-Ends per Day
Single-family 9
Townhouses 8
Apartments 6
Commercial
(based on 60,000 square feet) 70/100 s.f.
/5/ Telephone communication with Maurice Shiu, Associate Civil Engineer,
Contra Costa County, January 24 and January 30, 1978.
15 00323
ECONOMIC AND FISCAL CONSIDERATIONS
Setting
Existing Industry and Economic Development Projections and Planning
A major issue raised by the proposed General Plan amendment is the
potential impact of a loss of a large available industrial site. Since new
industry is the basis of projected economic development and desired new
employment, it is appropriate to review data on other available industrial
sites, as well as data on the projections of demand for the sites. The
following discussion is based upon the Appendix.
About 20,700 acres of land is zoned for industry in the County, of which
a little more than half is developed. The 243-acre Shell parcel (which
includes the 155 acres proposed for the General Plan amendment) is about
two percent of the 9,700 acres of vacant land in the County
(unincorporated cities) zoned for industry. However, it is one of only
nine sites in the County and one of six in unincorporated areas of
250 acres or greater area. Furthermore, it is adjacent to the largest
vacant County site, the 1,136-acre PG&E site for which an application for
power plant development is now being reviewed by the State Energy
Commission. The Pittsburgh-Antioch area also contains three sites of
50,acres or less, three sites of 100-200 acres and one site of 568 acres.
The County has not made a projection of land needed to be reserved for
industry in relation to all land designated for industrial use in its General
Plan. Projections made by the Association of Bay Area Governments
(ABAG), based on both regional and national economic trends by industry
type, indicate that only zero to seven percent of the land zoned for
industry in the County will be required for industrial development by the
year 1990.
Although the projected rate of consumption is low and it would appear that
there is a large excess of industrial land in the County, specific sites
differ in their suitability for industrial development and certain industries
have specific sites, size, location or other requirements which limit the
desirability of much of the available acreage. Preliminary review by ESA
of an inventory of 370 Bay Area industrial sites suggests that the Shell Oil
parcel has many features which indicate a high suitability for industrial
• development. (The inventory was developed by staff to the Industrial
Siting Pilot Project, undertaken by ABAG in 1977 under contract to the
State Office of Planning and Research (OPR). This planning project will
be discussed further below.) In addition to its large size, the Shell parcel
has close access to freeway, rail and ocean transport links, access to a
labor market, and lack of major physical or biological constraints (such as
wetlands or steep slopes). The chief constraint to the site's suitability for
industrial development identified in the inventory is its location in an area
identified as "non-attainment" for achievement of air quality standards.
16 00324
Since the air quality constraint is of major significance, it is pertinent to
summarize briefly the status of the only program that could potentially
eliminate this constraint. The purpose of the Industrial Siting Pilot
Project, noted above in reference to its inventory of base data, was to
.recommend a program to the OPR to make it easier for major industries
(such as auto assembly, steel, chemicals, petroleum, etc.) to locate in the
Bay Area./1/ At present, a chief constraint for such industries is air
pollution regulation, particularly hydrocarbons; however, the Clean Air
Act provides for industry trade-offs in order for permits to be issued.
For example, a plant which would generate a certain number of tons of
hydrocarbons per day could get a permit if it could also demonstrate
ability (and pay for implementation) to reduce an equivalent amount of
hydrocarbons elsewhere (in the drycleaning industry, for example). At
present, the burden of implementing trade-offs rests solely with industry.
OPR requested ABAG to develop legislative proposals whereby government,
by arranging a pool of air pollution reduction measures that could be
funded by industrial permit applicants (i.e. , "prepackaging" a credits or
trade-off system), could take some of the burden from industry.
The Industrial Siting Task Force, composed of Bay Area representatives of
local government, business, labor and environmental groups, recently
approved the recommendations of the study for new legislation and adopted
the Final Report, Industrial Siting Pilot Project. OPR has budgeted funds
and allocated staff to continue the work; the effort is beyond the "pilot"
stage. Further funding will be required to continue the regional aspect of
the industrial siting effort, to develop a "bonus site" permitting system to
be based on a combination of criteria for achieving employment,
environmental protection and air quality goals. ABAG is currently actively
working with other agencies such as BCDC and port districts exploring
possible sources of funding.
In summary, from the planning perspective of providing for growth in base
employment:
- an excess of land in the County is zoned for industry;
- other large sites are available for industry;
- the Shell parcel is, nevertheless, of particular potential significance
because it is large, does not include wetlands, has no major
geophysical constraints, is near transport facilities and a labor market
and is adjacent to the largest vacant industrial site in the County;
- a chief constraint on industrial development of the site is potential
unacceptable air pollution;
- State legislation may be enacted in the relatively near future which
could, in effect, make possible the elimination of this chief constraint.
17
Pittsburg Area Retail Sector
West Pittsburg. West Pittsburg retail trade and services exist along a 1.75
mile strip of Willow Pass Road and on Port Chicago Highway. No inventory
has been made of existing retail space, sales volumes per square foot, or
occupancy rates along these streets. However, a County land use map
shows that the total acreage along the 1.7 mile stretch of Willow Pass Road
zoned for neighborhood business is 37 acres (in about 75 parcels) with
about one-third of the parcels undeveloped. The neighborhood center on
Port Chicago Highway, constructed after World War II, appears to be half
vacant and the facilities not well maintained. Although some individual
establishments may be doing well, much of the existing retail sector in
West Pittsburg appears to be marginal. In addition, many types of retail
services appear to be lacking. For example, there are no branch banks or
savings and loan institutions, few restaurants, and no cinema or other
recreational facilities. West Pittsburg residents probably do most of their
shopping in Pittsburg, Concord or Antioch, and, with relatively low
incomes, spend less than most County residents for retail goods and
services.
City of Pittsburg. In the City of Pittsburg, the older retail sector of
"downtown" Pittsburg, oriented originally to the ferry and railroad,
appears to be declining and marginal. Extensive city residential growth
has occurred recently along and south of Highway 4. The city expects
and encourages commercial development south of Highway 4 to accommodate
these new residents and to provide a tax base to cover the cost of
providing services to them./2/ One commercial center (80,000 to 100,000
square feet) exists in this area on Railroad Avenue. Use permits for two
other commercial centers have been approved (totalling 122,000 square
feet), and a third center (about 100,000 square feet) is being planned.
At present, many Pittsburg residents shop in Antioch and Concord.
Income and housing cost characteristics in the Pittsburg area are discussed
in the Community Characteristics section of this EIR.
Adjacent Industry
Table 2 lists industries located near the Shell site. As noted earlier,
PG&E is proposing a power plant on its property directly north and
adjacent to the site.
On-Site Characteristics
Background. According to Fred Parrow, Corporate Real Estate Department
of Shell Oil Co. , Houston, several efforts have been made to sell the
property for industrial use since 1971. 1n the past, potential heavy
industry buyers have been discouraged by the site's proximity to
residential development, the denial of Bethlehem Steel's proposal to locate
in Fairfield, and the 1975 BART report showing the site for a possible
extension of the BART system. Efforts to' attract light industrial
development through industrial real estate brokers and industrial park
developers have also failed. However, Shell did not actively seek buyers
18 OU32i
during the 18-month period in 1973-75 during which Kaiser-Aetna held an
Option on the site, nor has it sought buyers since December, 1976, when
the present applicants took an option on the site./3/
TABLE 2
INDUSTRIES IN SITE VICINITY
Company Location Product Employees Acres
Western Lead- North (Port lead and steel 7 1.5
burning Chicago Hwy) products for industry
Contractor
Interlake, North (Port steel packaging strapping 23 55.0
Inc. Chicago Hwy)
Hysol Division, East (Willow industrial adhesives 55 8.5
Dexter Corp. Pass Road)
Shell Chemical East (Willow solid catalysts 51 17.3
Pass Road)
Campora NA propane distribution NA 41.9
Wholesale
Propane, Inc.
SOURCE: Contra Costa County Directory of Industries, Contra Costa County
Development Association, March 1977; telephone calls to Western
Leadburning Contractor.
Agricultural Use. A rancher holds a renewable short-term lease on the
site. Two persons are employed seasonally to handle about 100 head of
cattle which graze the land approximately six months of the year. Neither
the 'contribution to the private base economy from this use nor the market
value of the land based on agricultural versus appraised value has been
quantified.
Assessed Valuation and Property Taxes. The market value of the site is
appraised at approximately $7,200 per acre by the County Assessor's
Office (up 22 percent since 1972-73's value of $5,900 per acre). Assessed
land value is $1,800 per acre (25 percent of full value); total property tax
per acre is $210.
The 1977-78 assessed value of the 243-acre assessor's parcel in which the
proposed project site lies is $497,035, and total property taxes of $57,591
will be levied. The 155-acre project site accounts for about $32,500 of
0032/
19
t
these taxes, slightly over half. The County will receive $7,000. Table 3
shows the distribution of taxes to the County, school districts, and other
service districts.
Public costs attibutable to the site are negligible. Adjacent street and
storm drain maintenance and street lighting costs are attributable primarily
to adjacent residential and commercial development rather than agricultural
use of the site. Therefore, the existing revenues from the site as shown
in Table 3 may be considered net revenues to the County and special
districts.
TABLE 3
DISTRIBUTION OF 1977-78 PROPERTY TAXES FROM PROJECT SITE'^
Tax rate Taxes Percent
($/$100 (rounded to
assessed value) nearest hundred)
County $ 2.495 $ 7,000 22
Educationb 6.461 18,100 56
Special districts in
County and sub-areae 1.985 5,600 17
Regional districts .646 1,800 5
TOTAL $11.587�c $32,500 100
*Basad on estimated assessed value $280,000 for 155 acres. Assessor's parcel
60.3-240-025 is 242.967 acres; land is valued at $438,860; value per acre is
$1,806: 155 acres x $1,806/acre = $279,930, rounded to $280,000.
`Tax code area 79005. Composite rate is $11.458, plus two special rates.
a County tax of $2.337 plus .158 County library.
brit. Diablo Unified (composite) $5.606 plus community college, County
Superintendent of Schools, and school special services.
cRiverview Fire (.648) , Ambrose Recreation and Park (.590), Los Medanos
Hospital (.513), and flood control, water, mosquito abatement (totalling .234).
dBART (.428) , East Bay Regional Park District (.203), and Bay Area Air
Pollution Control District (.015).
20 00328
Impact
Beneficial and Adverse Impacts
All economic/fiscal impacts are ultimately social impacts distributed among
different individuals and groups. In a broad socioeconomic context, the
County must weigh the principal impacts of the proposed General Plan
amendment in the context of two goals: housing and jobs. The central
question is whether to provide housing or whether to retain the option of
providing jobs, whether for existing or immigrating County residents.
The project would have economic benefits to three distinct groups of
people:
1) Shell Oil Co. could sell property it no longer needs and for which
no industrial buyers have been found in nearly a decade; real estate
developers could invest in a project for which they anticipate a
return on investment; these are private sector benefits.
2) Short-term construction employment and new long-term retail trade
and services employment would be generated, assuming no equivalent
loss of jobs in the existing retail sector.
3) Increase in supply of moderately-priced housing would benefit
home buyers and help restrain price increases of housing elsewhere.
Adverse economic impacts are the irreversible losses of agricultural
production and the potential for industrial use. Even though the site is
not prime agricultural land, the loss of agriculture would contribute
minimally but cumulatively to the declining significance of agriculture in
the base economy of Contra Costa County and contribute very indirectly
but cumulatively to higher costs of food. The rancher would have to find
other grazing land, pay for more feed, or decrease his herd.
The loss of the potential for industry means foregoing the option of
potential new base employment and valuable tax base. (Since base
employment creates secondary employment, roughly on the order of two
jobs in the population-serving economy for every job in the base economy,
this potential loss is more significant than the project's generation of retail
and construction employment.)
Two other adverse impacts of the project, not quantified in this report,
are probable though not certain: a negative fiscal impact on County and
special district budgets, and dislocation of the retail sector in the
Pittsburg area.
The nation- and region-wide trend in the past several years is that costs
of local government have been rising faster than revenues (primarily due
to rising costs of insurance and pensions, over which the agencies have
little control). The proposed project would probably aggravate or
accentuate this trend since cost of services to residential development
generally exceeds revenues generated. Even with increasing federal aid,
local governments have had to, or will soon have to, decrease the level of
21
00329
services to existing residents. Because of the property tax initiative and
various property tax relief proposals now before the California legislature,
this is of particular concern to local governments since property tax
reform may severely limit the ability of local agencies to raise new
revenues. Contra Costa County, for example, relies on the property tax
for 31 percent of its revenues./4/
Second, it is likely that the proposed neighborhood shopping center could
dislocate the existing West Pittsburg retail sector and could adversely
affect' occupancy or absorption of existing and approved centers in the
City of Pittsburg.
The summary (above) of economic and fiscal implications indicates several
areas for further study which decision-makers could find useful before
making their determination on this project. These are discussed below.
Background Information and Opinion on Issues Recommended For Further
Study in the Mitigation section.
Loss of Site for Potential Industry. Since far more vacant land is zoned
for industry than is projected to be required in the County by the year
1990, and since the site has not attracted an industrial buyer in seven
years, it may be concluded that "saving" this site for industry is not
warranted. Reserving the site for light industry is not appropriate since
other sites are available in Pittsburgh and elsewhere in the County. On
the other hand, it may also be concluded that because of recent
developments, the site should continue to be reserved, at least for the
short term, for potential major industry in order to increase the tax base
and generate employment opportunities. The preliminary industrial site
inventory indicates that major sites close to rail, freeway and water
transportation with low engineering cost constraints, such as this site, are
few. Although the State's industrial siting planning effort for the Bay
Area is only in mid-stage, it holds promise of a method for achieving twin
goals of reduction of air pollution and increase in base employment in the
relatively near term.
The Contra Costa County Development Association, a private non-profit
organization under contract to the County and serving as its official
economic development agency, actively works to attract new industry to
the County. According to Paul Hughey, Executive Director, the agency is
taking no position on the proposed General Plan amendment./5/
Potential Retail Sector Dislocation in Pittsburg Area. The project would
add eight acres of commercial acreage to the existing stock in the West
Pittsburg and Pittsburg area. This acreage could accommodate up to
£30,000 square feet of retail space. (For purposes of analysis elsewhere in
this report, it was conservatively estimated that 60,000 square feet would
be developed; however, without a specific plan, it is not known what
would actually be built.)/6/
22 00330
Quality commercial development (of 30,000 to 80,000 square feet) at this
site could capture some of the leakage of retail trade of West Pittsburg
residents, who now shop in Pittsburg, Antioch or Concord, and offer
convenient services. At the same time, a supermarket and any other
establishments similar to those which exist now would be in direct
competition with nearby food and other outlets on Willow Pass Road and
Port Chicago Highway. At the worst, some local merchants would. go
bankrupt. At best, it would prevent them from experiencing the benefits
of increased trade they might otherwise expect from project residents, and
it would discourage development of the approximately 25 commercial lots
zoned for development on Willow Pass Road, which are still vacant. In
this connection, it may be noted that the tentative General Plan amendment
for the Pittsburg area would change some of this commercial acreage to a
residential designation. . Sometimes, quality commercial development will
encourage upgrading by competing merchants. However, it is unlikely
that the market area can support existing plus proposed retail space.
The proposed commercial acreage could also have an adverse effect on the
absorption rate of the shopping centers planned for the City of Pittsburg.
In particular, it might attract residents of an approved 672 unit
single-family residential development (not yet built) located on Bailey Road
and about one and one-half miles from the project. These residents might
otherwise travel the greater distance to the expanding Railroad Avenue
commercial area in Pittsburg. This potential impact is of particular
concern to the City of Pittsburg which needs a commercial tax base to
support its rapidly expanding residential community./7/ (It may be noted
that most of the Pittsburg area industry is located outside City
boundaries, and therefore does not directly support City services.)
The overall effect of the proposed project on West Pittsburg merchants and
landowners of commercially zoned parcels, and the possible indirect effect
on commercial development in Pittsburg, cannot be precisely estimated
without a market analysis study. Such a study could determine
incremental demand for retail space in the area by 1) surveying shopping
patterns and needs of existing West Pittsburg residents (to determine
existing leakage), 2) determining vacancy rates in existing commercial
property, and 3) establishing the size of the market area and its projected
growth in population and income. (It may be noted that a fiscal impact
analysis cannot be usefully undertaken without data for assumptions on net
sales tax revenues.)
Fiscal Impact
The project site now generates a minor contribution to County property
tax revenues ($7,000 out of $77.3 million to be raised fom the secured roll
in 1977-78) and to revenues of school and special districts. However, it
does not require any services. Commercial and residential development
under the General Plan amendment would add to the property and sales tax
base. At the same time, the residents and businesses would generate
costs for services from the County and districts. For example, the 2,000
new residents would require County expenditures of $780,000 annually,
assuming expenditures at the 1977-78 budget level of $390 per capita./8/
In addition to revenues and costs to the districts listed in Table 3, the
23 MOM
project would have a fiscal impact on the sanitation district which does not
at present receive revenues or incur costs since the site is not annexed to
the district.
Net benefit or deficit from the proposed amendment cannot be quantified at
this time and is not within the scope of this EIR. Fiscal impact on the
various jurisdictions would require 1) knowledge of phasing, 2) prediction
of net absorption rate of retail space, 3) a proposed mix of retail uses
(since not all uses generate sales tax revenues), and 4) a consideration of
capital cost requirements (for example, for road widening) and how they
would be financed.
The 1976 report Contra Costa County -- A Profile stressed the issue of
public finance imbalances:
Funding levels for local government agencies are unlikely to
keep pace with increasing costs. The result is likely to be
a gradual decline in the level and scope of services
provided (page 1).
Contra Costa County government is fortunate in that it has
a growing tax base and a diversified economy. It also has
a relatively low indebtedness as a result of conservative
fiscal management practices. Nevertheless, more financial
pressures on the budget may be expected as the demand
for and cost of providing public services continues to
increase faster than revenues (page 129).
As noted in the Community Attitudes section, residential development of
this site could indirectly increase property assessments and rentals nearby
by enhancing the neighborhood generally. This could have a particularly
severe impact on low-income residents.
Mitigation
Suggested by this Report:
- In order to determine more precisely the relative desirability of the
project site for industrial use and likelihood of eventual sale for such
use, study and compare in some detail the characteristics of the other
available industrial sites in the County./9/ The project site might
be among the more desirable of the 9,700 acres available and the 700
acres projected to be required by 1990.
- Require the applicant to finance a market analysis to determine
whether incremental demand in the market area could support a
neighborhood shopping center in that location without causing
significantly increased vacancies in the existing neighborhood center
and on the Willow Pass Road commercial strip or preventing timely
absorption of existing vacant land or structures in West Pittsburg and
proposed new centers in the City of Pittsburg.
24 00332
Whether or not the project is approved, the County should undertake
a commercial revitalization program in West Pittsburg through the use
of Community Development Block grants and/or Economic Development
Administration grants. (The latter are available for feasibility
studies, and could be administered through the Contra Costa County
Economic Development Administration.)
Undertake a fiscal analysis of development under the proposed
General Plan amendment, and of development under alternatives
deemed feasible./10/
Establish a publicly assisted rental program in the West Pittsburg
area if it is determined that the project would act to price existing
area residents out of the housing market.
NOTES - ECONOMIC AND FISCAL CONSIDERATIONS
/1/ Information in this and the next paragraph is based upon personal
communication with Gordon Jacoby, Senior Planner, Association of Bay
Area Governments, assigned to the Industrial Siting Pilot Project staff,
January 26, 1978 'and April 3, 1978. In addition to the air pollution
constraint question and a program of trade-offs discussed in the text, the
Industrial Siting Pilot project was also concerned with the broader context
of permit processing by all agencies. A program to identify to potential
industrial developers all the requirements and constraints for development
before project planning is also recommended in the Final report.
/2/ Mark Beratta, Planning Department, City of Pittsburg, personal
communication, January 24, 1978.
/3/ Records of Shell Oil Company's Real Estate Department indicate that
574 acres of land between the Sacramento River and Willow Pass Road
(excessed property of Shell Chemical Co. , a wholly owned subsidiary) were
first offered for sale in February, 1971. Brochures were mailed to 500
major U.S. corporations and national industrial realtors and to 400 local
realtors and industrial development groups. There was no response to the
offer from industry. Some interest from residential developers for the
high ground portion of the parcel was expressed at that time, but
discouraged by Shell's Real Estate Department.
In 1972, Pacific Gas and Electric Co. bought the northern 309 acres of the
property with the intent of developing cooling ponds (later abandoned).
In 1973, C.S. Lewis, a propane wholesaler, purchased 32 acres of the
property. In 1973, Kaiser Aetna took 234 acres under option with the
intent to develop a residential community. Eighteen months later, it
withdrew the option because of a recession and a slow-down in the housing
market.
In June, 1976, over 100 personal letters were written to
industrial-commercial brokers in the Bay Area, major developers of
industrial parks in Northern California, and the three railroad companies
whose tracks abut the site. Only one response, from Southern Pacific
Railway Real Estate Division, led to a visit to the site and preliminary
discussions. Southern Pacific concluded that more desirable sites were
25 00333
available in other locations. Industrial brokers question the use of the
property for industry because of the existing residential development
nearby and the slow industrial absorption rate. Light industry typically
requires only about five acres, and is attracted to areas with existing
utilities. Information in this footnote, and in the text paragraph to which
it refers is based upon telephone communication with Mr. Parrow,
January 26, and February 2, 1978.
/4/ Property taxes from secured roll needed to balance 1977-78 budget,
$77.3 ' million: total expenditure appropriations (including reserves),
$233.9 million (Contra Costa County, Summary of County Budget Form
Schedule 1, 1977-78 Budget, adopted September 1977).
/5/ Personal communication with Paul Hughey, Contra Costa County
Development Association, January 24, 1978.
/6/ The estimates of 80,000 square feet (which could be accomodated on
the site) and 60,000 square feet (reasonable mid-range assumption) were
based on national survey data, City of Pittsburg Shopping Center data,
and estimates from the applicant. The median size of neighborhood
shopping centers surveyed in the Far West by the Urban Land Institute in
1975 was 52,000 square feet, with 80 percent of such centers in a range
between 37,000 and 100,000 square feet. One of the new centers approved
in Pittsburg on a 9-acre site is planned for over 90,000 square feet. The
applicant has stated that, in his experience, the market area of 10,000 to
12;000 population (existing West Pittsburg plus expected residential growth
nearby) would support a supermarket of 18,000 to 22,000 square feet and
a drug store of 10,000 to 14,000 square feet, for a total of 28,000 to
36,000 square feet. (Dollars and Cents of Shopping Centers, Urban Land
Institute, 1975; personal communication with A. Affinito, Janury 23, 1978,
and personal communication with Mark Beratta, Planning Department, City
of Pittsburg, January 24, 1978.)
/7/ This point may especially be noted by LAFCO. LAFCO, which must
approve proposed annexations and will therefore, as a responsible agency
under the terms of CEQA, use this EIR for information when deciding upon
the question of annexation to the sanitary district, is charged by state law
to consider impacts from a regional inter-community perspective. LAFCO
guidelines are hereby incorporated as reference.
/8/ Based on Contra Costa County, Summary of County Budget Form
Schedule 1, 1977-78 Budget, adopted September 1977. Total expenditures
were divided by population in unincorporated County for a rough
approximation of average per capita costs per resident.
/9/ For a small fee, specific inquiries can be easily addressed by the
Industrial Siting Pilot Project computer program. Inaccuracies in the data
base could be corrected by County planning staff in consultation with
property owners.
/10/ For reference see the new Economic Practices Manual: A Handbook
for Preparing an Economic Impact Assessment, State of California Office of
Planning and Research, January, 1978.
00334
26
HISTORY AND ARCHAEOLOGY
Setting
On February 8, 1973, an archaeological reconnaissance of the Westgate
planned unit development then proposed for the project site was concjucted
by Thomas Jackson, archaeological consultant. The area is virtually
unknown archaeologically and map files of the University of California
Archaeological Research Facility showed no sites within the project site
(Jackson, 1973).
The area of the proposed development is situated in the region which was
the territory of the Pen_utian-speaking Karquin at the time of initial
European contact. The Karquin were intensive hunters and gatherers and
the region at the narrow neck of Suisun Bay would have provided a vast
wealth of food resources to the aboriginal population.
The site was examined in its entirety on foot. No visible archaeological
remains were discovered on the site. Several cultural factors may have
contributed to these results, however. The first consideration is intensive
agricultural activity to which the land has been subjected. PIowing over a
long period of time will damage small occupation sites in campsites beyond
recognition, and combined with the persistent seasonal rains of the region
may leach away soil discoloration and corresponding chemical variations
which may be indicative of human occupation. These two characteristics
are primary signs used by archaeologists in the discovery of sites. A
second consideration must deal with the culture of the aboriginal people.
While no visible archaeological remains were discovered, there may be
present buried remains of archaeological significance.
Impact
Inasmuch as the project site is bordered on three sides by developed land
and on the fourth side by the marshlands of Suisun Bay which are not
known to contain any archaeological remains, indirect impact on
archaeologic sites is believed to be minimal.
No visible archaeological remains were located by the consultant on the
site, although the possibility remains that buried remains could be
uncovered during earth-moving activities on the site.
Mitigation
An archaeologist should be on-hand during initial land leveling, grading or
other excavation activities which take place for the development of the
proposed project. In the event that archaeological remains are discovered
in the course of these operations, work within a 50-meter radius of any
such discovery should be halted immediately. An evaluation of the
significance of any such find should be made and mitigation measures
prepared as necessary to eliminate or otherwise minimize impacts upon any
such archaeology discovery.
27 00tya
COMMUNITY ATTITUDES
Setting
Neighborhood Concerns/1/
Homeowners in the area surrounding the Shell site generally feel that a
well-designed, moderate-income housing subdivision could have a beneficial
effect' on the community. Burglaries, vandalism and deterioration of
neighborhood housing stock are problems which are currently being
addressed by local neighborhood groups. The large number of low-income
families, absentee owners, and lack of appropriate recreational activities
are cited as factors causing the deterioration of the West Pittsburg area.
(The Community Characteristics section of this EIR describes the income
levels, housing and other population characteristics of this area in greater
detail.) Community Contacts generally felt that a large shopping center
which would include a large food store, bowling alley, movie theater and
quality consumer-goods stores could help upgrade the surrounding
community. It is also felt that a moderate-income housing development in
the area could encourage the rehabilitation and maintenance of the area's
surrounding housing stock.
Pacific Gas & Electric Company Proposal
North of the project site is a parcel owned by the Pacific Gas and Electric
Company. PG&E plans to construct and operate a 1600-megawatt,
combined-cycle power plant on this parcel. PG&E would prefer not to have
another residential community developed on the Shell site, because of
potential adverse noise impacts of the power plant./2/ However, PG&E
engineers are designing mitigation measures to minimize noise effects of the
plant. These measures include mufflers on gas turbines, enclosed
buildings around machinery, placement of cooling towers away from
residential areas and use of silencing materials.
Impact
The proposed development would increase .the aesthetic value of the
surrounding neighborhood. This area beautification would have a
beneficial impact on local homeowners, due to an increase in the market
values of nearby homes, and could also encourage housing rehabilitation in
surrounding neighborhoods. These beneficial impacts would respond
directly to community concerns. However, the increase in property values
could have an adverse impact on a large number of the low-income renters
in the area who may be forced to leave the area because of increases in
rent levels.
09000
28
Mitigation
Suggested by this Report:
- The County could provide Section 8 rental assistance to low-income
renters within the surrounding subdivisions, particularly the Shore
Acres community. The County could also provide housing,
rehabilitation assistance to absentee property-owners, utilizing federal
monies (Housing and Community Development Block Front funds),
local tax credits or tax monies within the County for home
improvements, or a County Selective Code Enforcement Program.
These measures could allow the population of the area to remain in
the face of possible housing cost increases caused by the project.
- See mitigation measures in the Economics section of this report.
NOTES - COMMUNITY ATTITUDES
/1/ Active community groups or organizations within the study area were
difficult to identify. The following sources were utilized in this section as
representative of the neighborhood concerns regarding the General Plan
amendment as well as the proposed PG&E power plant to be constructed in
the area: Sharon Dykes, Beacon-Shore Acres Community group,
telephone communication, January 30, 1978; Don Williams, Principal, Shore
Acres Elementary School, telephone communication, January 27 and
February 1, 1978; Beth Hutchenson, staff member, West Pittsburgh Child
Development Center, telephone conversation on January 27, 1978;
/2/ Mr. Lee J. Ezzell, Pittsburg Power Plant, Project Engineer, PG&E--San
Francisco office, telephone communication, January 25, 1978.
00mi,
29
III. COMMUNITY SERVICES
POLICE PROTECTION/1/
Setting
Police protection for the Shell site is provided by the County Sheriff's
Department. Two sheriff patrol cars patrol the area 24 hours a day. The
estimated response time to the site is three to five minutes. The closest
station is located in Martinez.
Impact
The Sheriff's Department cannot determine at this time if the proposed
project will significantly affect the Department's level of service to the
area.
Mitigation
None.
FIRE PROTECTION/2/
Setting
The Riverview Fire Protection District provides fire protection services for
the site. The closest station, Station No. 6, is located 1,000 feet east of
the site on Willow Pass Road and is equipped with two fire engines and
four firefighters. There are a number of hydrants located adjacent to the
site on Willow Pass Road and on Port Chicago Highway.
04338
30
Impact
The Riverview Fire District Chief suggests that there would be adequate
personnel and equipment to serve the proposed development.
Mitigation
None.,
SCHOOLS
Setting
The Shell site is within the Mount Diablo Unified School District. Child
care services are provided by the West Pittsburg Day Care Center.
Kindergarten through second-grade school children would attend Bel Air
Elementary School, third- through sixth-grade students would attend Shore
Acres Elementary School. Seventh- and eighth-grade students would
attend Riverview Intermediate School and ninth- through twelfth-grade
students would attend Mount Diablo High School. School enrollment has
been decreasing within the District over the past few years. It is
estimated that there will be an additional decrease in enrollment of
approximately 3,000 students in the 1978-79 school year./3/
Impact
Any increase in school district enrollment as a result of the project will
not significantly affect the District's level of service. Project-generated
school populations would attend the schools outlined above.
Mitigation
None.
WATER SERVICE
Setting
The subject parcel is served by the Bay Water Company. The Bay Water
Company buys water from the Contra Costa County Water District and
treats it at one of two plants in West Pittsburg. The company presently
serves 10,000 people in the West Pittsburg/Shore Acres service area,
utilizing approximately 1.5 to 2 million gallons per day (MGD) during dry
weather and one MGD during wet weather. The company's plant capacity
could serve 20,000 people utilizing approximately three MGD, providing the
water were available to purchase from the Contra Costa County Water
31 40339
District./5/ At present there are no limitations on the amount of water
available from the Water District.
The closest water lines to the parcel are an 8-inch line on Willow Pass
Road and a 10-inch line on Port Chicago Highway./6/
Im act
It is estimated that the existing water lines are more than adequate to
serve the proposed project.
Mitigation
None.
SANITARY SEWAGE SERVICE
Setting
The site is not currently served by sanitary sewer service, and would
require annexation into Contra Costa County Sanitation District 7-A. This
district now provides service to about 12,000 people in a 4,000-acre
service area. The district's Shore Acres treatment plant has a design
capacity of 0.4 MGD but is currently providing primary treatment of close
to 1 MGD of effluent, limiting the additional service that the plant can
provide, as discussed below.
There is an eight-inch trunk line on the subject parcel, running through
the middle of the property and a ten-inch trunk line located on the
eastern side of the property. Effluent flows by gravity in a northerly
direction to an interceptor located north of the parcel near the railroad
tracks, and then flows by gravity to the Shore Acres treatment plant./7/
District 7-A services the West Pittsburg area and has recently been
expanded through the annexation of portions of the cities of Pittsburg and
Antioch to form a subregional district for the purpose of building a new
sewage treatment plant. The new plant, located east of Camp Stoneman,
will provide secondary treatment capacity of 9.4 MGD and will service
Pittsburg, Antioch and West Pittsburg. Construction of the new plant is
scheduled to begin in the fall of 1978, and is expected to be operational in
March, 1981. The Shore Acres plant will then be converted into a pump
station for the new system./8/
In May of 1972, the Contra Costa County Sanitation District 7-A was
issued a discharge ban by the Regional Pater Quality Control Board - San
Francisco, limiting the district to 1,000 additional sewer connections. As
of January 1978, there were approximately 400 remaining sewer connections
available on a first-come, first-served basis. A 193-unit subdivision
proposed for the Willow Pass Road-Bailey Road is likely to require about
one-half of the available connections before this project is under way.
32 00340
Additional sewer connections may not be available until 1981 when the new
subregional treatment plant becomes operational./9/ Development of the
new facilities also depends on availability of funding from a state bond
referendum in 1978.
Impact
If the site is annexed into District 7-A, it is estimated that the commercial
and residential development would generate 200,000 gallons of sanitary
sewage per day (100 gallon/person/day) which would increase the District's
current daily use by five percent and represents 2.1 percent of the
District's 1981 sewage capacity.
The developer would submit an application to the Contra Costa County
Environmental Control Department for annexation into the County Sanitation
District 7-A, which would provide sanitary sewer services to the site.
The Environmental Control Department would submit the completed
application to the County LAFCO for approval. LAFCO approval of this
annexation into the District would be normally automatic, but could also be
affected by Regional Water Quality Control Board considerations.
The present limited sewage capacity would delay full development of the
proposed project until such time when additional sewer connections become
available.
Mitigation
Suggested by this Report:
- Applicant could begin a phased construction of the proposed
development with the purchase of the remaining sewer connections
until 1981 when additional sewer connections become available, or the
applicant could delay construction of the project until 1981.
STORM DRAIN SERVICE
Setting
There are no existing storm drainage lines on or adjacent to the project
site, but this service would be provided by the Contra Costa County
Public Works Department.
Impact
Development plans would have to be submitted to the County Public Works
Department engineers to determine project-generated drainage.
00341
33
Mitigation
Suggested by this Report:
- Developer should meet with County Public Works Department to
develop plans to construct storm drains for the proposed project.
- Storm drains should be constructed as underground pipes, rather
than surface channels.
SOLID WASTE/11/
Setting
The subject parcel is located within the service area of the Wilk's Garbage
Collection Service. Solid waste would be picked up from cans at each
single-family residential unit and from dumpsters within the multiple-family
and commercial sites. Project-generated solid waste would be transported
to the Acme Fill site located in Martinez, which has a present capacity of
twenty years.
Imp act
It is estimated that the project would generate 2,000 tons of solid waste
annually. Project development would not significantly affect solid waste
landfill capacity.
Mitigation
None.
PHONE, GAS AND ELECTRIC SERVICE
Setting
Telephone service to the site would be provided by the Pacific Telephone
and Telegraph Company. New lines to the site would be constructed
underground./12/ Natural gas and electric power would be supplied to the
site by the Pacific Gas and Electric Company. There is a four-inch gas
main north of Port Chicago Highway which extends south to a six-inch gas
main on Willow Pass Road which extends east to Marys Avenue. There is
an existing 60-kilovolt (KV) overhead electric transmission line on the east
side of Port Chicago Highway, a 12-KV transmission line on the north side
of Willow Pass Road, and a 21-KV transmission line north of the parcel on
Pacifica Avenue. All of these lines are available to serve the site with the
necessary on-site extensions. /13/
34
00342
Impact
The proposed development would not significantly affect the phone, gas or
electric company's level of service to the area.
PARKS AND RECREATION
Setting
The subject parcel is served by the Ambrose Recreation and Park District.
The District owns a ten,-acre site north of Highway 4 with a pool and
recreation center. It is currently developing a 2.5-acre park adjacent to
the Riverview Intermediate School, and is also negotiating to purchase the
vacant Ambrose Elementary School from the Mt. Diablo School District for
conversion into an 8.5-acre community recreation facility./14/
The County Recreation Element (1970) recommends a standard of four acres
of park land per 1,000 population. The Ambrose District serves a resident
population in excess of 9,000 persons.
impact
According to the County's Recreation Element standards, the area around
the project site is deficient in local park and recreational Iands by
approximately 24 acres; and would not have sufficient open space to serve
project residents./15/
Mitigation
Proposed as Part of the Project:
- Provide eight acres of park and recreation land near the center of
the single-family residential area.
- Provide a common open space area in the middle of the multiple-family
residential area.
TRANSIT
Setting
The site is served by BART and A.C. Transit (under contract to the
Eastern Contra Costa County Transit District). The closest BART station
at Concord is located on Highway 4 at Willow Pass Road in Concord. A.C.
Transit provides bus service (Route P) from Port Chicago Highway and
Willow Pass Road to the BART Concord Station from 6:00 a.m. to 11:00
p.m. once every hour regularly, and once every half-hour during hours./16/ 35 9043
r
' Impact
The project is not expected to significantly affect the public transit levels
of service in the area.
NOTES - COMMUNITY SERVICES
/i/ This section is based on a telephone communication with Deputy Pool,
Contra Costa County Sheriff's Department, January 23, 1978.
/2/ This section is based on a telephone conversation with Captain
Shively, Riverview Fire Protection District, January 23, 1978.
/3,4/ Ms. LaVerta Edwards, secretary to Dr. Herbert Cole, Assistant
Superintendent, Mount Diablo Unified School District, telephone
communication, January 23, 1978.
1
/5/ Mr. Al Neville, Superintendent, Bay Water Company, telephone
communication, February 1, 1978.
/6/ Ms. Eva Garrett, customer representative, Bay Water Company,
telephone communication, January 23, 1978.
i
/7,9/ Roy Bailey, engineer, Contra Costa County Environmental Control
j Department, telephone communication, January 23 and 27, 1978.
/8,10/ Lloyd Gallager, District Manager, Contra Costa County Sanitation
District 7-A, telephone communication, January 27, 1978.
/11/ Gary Blazdowski, Manager, Wilks Garbage Collection, telephone
communication, January 23, 1978.
i /12/ Mrs. Ellsworth, Engineering Department, Pacific Telephone and
Telegraph Company, telephone communication, January 23, 1978.
/13/ Ralph Downing, Manager, Pittsburg area, Pacific Gas and Electric
Company, telephone communication, January 27, 1978.
I
/14/ Ms. Janie Rolfe, Ambrose Recreation and Park District, telephone
icommunication, January 23, 1978.
f
/15/ Contra Costa County General Plan Amendment Background
Information.
3 /16/ Operator 8, transit information, Bay Area Rapid Transit (BART),
telephone communication, January 27, 1978; Operator 7, transit
information, A.C. Transit, telephone communication, January 30, 1978.
�j
f
i
1 36
00344
IV. THE BIOLOGICAL AND PHYSICAL ENVIRONMENT
GEOLOGY AND SOILS
Setting
The site is located on gently sloping terrain between the hilly topography
and tidal marshlands south of Suisun Bay. Elevations range between about
15 feet above mean sea level (MSL) in the northeastern corner of the site
to about 100 feet MSL in the southwestern corner. The land is gently
sloping with about two percent to three percent slope. By U.S. Geological
Survey standards, such inclinations offer no restrictions to the
construction of housing. Three gentle swales are found on the site.
Slope aspect is to the north and northeast.
Soils are loams and lay loams of the Antioch Series. Such soil is highly
corrosive to untreated steel. Runoff is generally slow and the erosion
hazard is slight. Water holding capacity is low and the soil is very slowly
permeable, creating potentially severe limitations for septic tank filter
fields (Contra Costa Resources Conservation District, 1973). The near
surface soils are slightly expansive (Reynolds and Associates, 1973). The
near surface soils are of low density and, therefore, are characterized by
a high shrinkage factor (Reynolds and Associates,1973). The soil is
generally used for rangeland or irrigated pastureland and has been plowed
in the past.
The soil is developed upon alluvial terrace deposits of clay, silt sand and
gravel. The deposits occur in irregular beds, and the depth of the
alluvium is not known. No commercially valuable mineral deposits are
known to occur in the geologic materials of the site.
Impact
The geologic materials of the site present no significant restrictions to the
proposed General Plan amendment and possible development of residential
ORM
37
and commercial uses of the site. Some grading would probably be mad:
for such developments, although existing slope and geologic conditions
,��,.�...•+■ would not mandate extensive grading. The surficial soil with organic
material would have to be stripped before building foundatons could be
laid. As the near-surface soils are slightly expansive and have a high
shrinkage factor, the placement of compacted fill could be affected by suci
conditions. Foundation pads could be cracked by the readjustments of the
fill to shrinkage and expansion of the soil.
Mitigation
A licensed soils engineer should be retained to plan and direct
grading of the site. If additional fill material is imported it should
first be approved by a soils engineer.
i
i
ti
0(J4 U
38
SEISMOLOGY
Setting
No active faults are known to underlie the site (Reynolds and Associates,
1973). Nonetheless, the site is located in a seismically active region and
major earthquakes generated on the San Andreas, Hayward or Calaveras
faults, which lie 38, 20 and 15 miles from the site, respectively, could
affect- developments on the property. Other active faults (i.e. , faults
which show signs of seismic movement during about the last 10,000 years)
in the general area of the site include the Concord fault, about 6 miles to
the southwest, the Antioch fault, about 7.5 miles to the east, the Midland
fault, about 18 miles to the east, and the Pleasanton fault, about 21 miles
to the south. Table 4 shows the estimated probabilities of earthquakes on
some faults in the San Francisco Bay Region.
TABLE 4
APPROXIMATE PROBABILITY OF OCCURRENCE OF EARTHQUAKES ON SELECTED
BAY AREA FAULTS (50-year Period)
Richter Scale Approximate Probability of
Causative Fault Magnitude Occurence (over a 50-year. period)
San Andreas 7.0 - 8.0 Likely
8.0 - 8.5 Intermediate
Hayward-Wildcat 6.0 - 7.0 Likely
7.0 - 7.5 Intermediate
Calveras 6.0 - 7.0 Intermediate
7.0 - 7.5 Intermediate - Low
Concord 5.0 - 6.0 Likely
6.0 - 7.0 Intermediate - Low
LIKELY: Greater than 50% probability of occurrence
INTERMEDIATE: 15 - 50% probability of occurrence
LOW: Less than 15% probability of occurence
SOURCE: Contra Costa County Planning Department.
An earthquake of magnitude 7.5 on the Hayward fault is estimated to
produce an intensity of VIII on the Modified biercalli scale in the Delta
area (Contra Costa County Planning Department, 1973). Most damage to
structures on the site is likely to result from ground shaking during a
major earthquake (i.e. , an earthquake with magnitude 6+ on the Richter
39 0034 1
Scale). Ground motion in alluvial areas tends to occur at higher
amplitudes and somewhat higher accelerations than on bedrock. Also
alluvium tends to extend the duration of ground shaking. Such ground
ti motion could produce special problems for high-rise buildings. The site i.
generally classified as an area susceptible to "moderately low" to
"moderate" ground shaking (Contra Costa County Planning Department,
1975).
Liquefaction (i.e. , the sudden transformation of saturated, loose
granular-material-like sand to a fluid state similar to quicksand) potential
for the site is generally low. The liquefaction potential is generally
greater in areas lying closer to Suisun Bay, and some areas adjacent to
the site have high liquefaction potential. No landslides are mapped on the
M. +� site and landsliding is improbable. Due to the lack of underlying faults no
surface rupturing is expected on the site. The site is also regarded as
low free from the hazard of inundation by tsunami (seismically induces sea
-, waves) or seiches (the sloshing of water in a confined basin such as
Suisun Bay) (Garcia and Houston, 1975).
?m act
The seismological hazards to which the possible residential and commercial
developments would be subjected are described above. Completion of those
projects would subject a greater number of people to the hazards than
would occur under existing use of the site.
S
Mitigation
'J The design and construction of structures should include measures to
minimize life hazards from seismically induced damage. Structures must
conform with the mandates of the Uniform Building Code. Non-structural
+a elements of the buildings should be designed to minimize injuries and
damage. For example:
I - Firmly attach all hanging fixtures and decorative work to structures;
- Provide flexible joints on details wherever utility lines enter
structures and provide flexible joints in them at corners;
Attach gas water heaters and furnaces securely to the frame of the
structures.
00348
40
HYDROLOGY AND WATER QUALITY
Setting
There are no permanent stream courses, lakes, ponds or springs on the
site. However, the site is located in an area with a storm water drainage
problem. Storm waters drain by sheetflow into three swales which carry
the water northward onto the adjacent parcel. Drainage on the latter
parcel is poor because it receives the runoff from a channel which extends
into the hills from the Shore Acres area, and the water becomes restricted
in its flow by the railroad tracks. A ditch was constructed to channel the
runoff alongside and underneath the tracks and into the tidal marshlands
and Suisun Bay. However, the ditch is too small to accommodate the
runoff during large storms. The area along the ditch and tracks is
mapped as subject to inundation under 100 year storm conditions (the
intensity of a storm which has a 1 percent chance of occurrence in any
given year) (Limerinos, Lee and Lugo, 1973). No part of the parcel
under consideration in this report is included in that flood zone.
The existing storm drainage system in the adjacent areas is inadequate to
serve the existing development. Many culverts were not placed deep
enough to receive storm waters from developed areas and carry it
underneath the levees to the Bay. The tidal marshlands make the
placement of drainage pipes difficult and such areas are very sensitive to
hydrologic changes.
The drainage problem in the general area is being worsened by new
development in upstream areas. The area of impervious surface is
increased in such development with the result that the amount and peak
flows of storm water runoff are generally increased. Without adequate
storm drainage systems, the existing drainage problem is exacerbated.
Average annual precipitation totals about 14 inches with most precipitation
occurring during the October-April period. The ten year return period
24-hour duration of rainfall is in excess of four inches (U.S. Weather
Bureau, 1961). A potential flooding hazard exists in the floodplain of the
Sacramento River north of the site. The hazard is greatest for areas
below the 10-foot contour (which the California Surveryor General's report
of 1969 pointed out as the extreme flood height reached above low tide and
which the Contra Costa County Flood Control District estimated as the
probable inland extent of flooding from a levee break during the rainy
season). The lowest portions of the site are slightly higher than 10 feet
MSL and thus have reduced flood risk.
Borings into the geologic materials of the site to depths of 5 to 9 feet did
not encounter groundwater (Reynolds and Associates, 1973). The depth to
the groundwater table is not known.
Impact
The proposed residential and commercial uses of the property would reduce
the permeability of the land surface and thereby increase storm water
41 00349
runoff. Runoff coefficients (the percentage of water that runs off rather
than drains into the soil) may increase to .40 for the residential areas and
.95 for paved areas including streets and parking lots./1/ The existing
slope of the land would probably effectively drain the storm water from the
site. However, that runoff from the site would flow northward into the
area subject to flooding and impede drainage near the railroad tracks
unless other means are devised to handle runoff.
Little impact upon groundwater levels would be expected to result from the
development of residential and commerical uses of the site.
The residential and commercial developments would contribute cumulatively
to the degradation of runoff waters reaching Suisun Bay. There would be
a probable increase in the amount of toxic substances and contaminants
washed from the area including petroleum distillates, heavy metals and
other chemicals associated with suburban areas.
Mitigation
Suggested by this Report:
Provide a drainage system to handle surface runoff without enhancing
the drainage problems of the adjacent property downslope of the site.
A drainage system could be designed to carry the water to other
areas and then into the Bay. Surface runoff could be channelled into
on-site detention basins such as lakes, ponds or depressed open
space areas. Storm water could be temporarily held in such detention
basins during peak flows and then later released into the drainage
ditches when the storm subsides. Another alternative would be the
construction of flat rooftops to catch and hold rain water temporarily
for later release into the drainge system.
- Drainage should be directed away from the foundations of houses. A
licensed engineer should be retained to determine the elevation of
foundation pads for buildings on the site.
- Provide grease and sediment traps to filter surface runoff waters
before they flow into Suisun Bay.
NOTES - HYDROLOGY AND WATER QUALITY
/1/ There are standard runoff coefficients recommended by Alameda Flood
Control and Water Conservation District.
42
00350
CLIMATE AND AIR QUALITY
Setting
The site is located in transition zone between two climatic regions. A
modified Mediterranean type of climate exists to the west while a Central
Valley type of climate exists to the east. Generally, the Central Valley
climate is more dominant. During the summer, westerly winds flow
through the Carquinez Strait bringing moister and cooler air which
prevents the temperatures from rising to quite as high as in the Central
Valley. During December and January, cold air drainage from the
Sacramento and San Joaquin Valleys often occurs. The average annual
precipitation is about 15 inches, almost all of it occurring from November
through April.
The Bay Area Air Pollution Control District operates an air quality
monitoring station in Pittsburg. Table 5 is a summary of the 1975 and
1976 data that indicates that the oxidant and the suspended particulate
standards were exceeded in 1975 and 1976 for fewer than 35 days. The
air quality at the site is probably slightly better than that of the
Pittsburg station. The maximum air pollutant levels expected at the site
are probably about one-half of those found for the Pittsburg station
(Coons, 1973). Carbon monoxide concentrations along Willow Pass Road,
the most heavily travelled road bordering the site, are estimated to be
about 3.4 parts per million (ppm) during the peak-hour traffic and about
1.0 during the maximum consecutive 8-hour traffic period.
Impact
Development of the site for residential and commercial use would result in
temporary impacts on air quality in the area from the scraping and grading
activities. This activity would generate large quantities of dust, estimated
to be about 1.2 tons per acre of construction per month of activity (U.S.
EPA, 1975). The prevailing wind direction could cause the dust to be
carried toward residences along Willow Pass Road regularly. If grading
operations were to occur during December and January when easterly
winds occur frequently, the residences west of Port Chicago Highway
would be impacted. The operation of heavy-duty construction equipment
generates significant amounts of hydrocarbons, particulates, oxides of
sulfur and nitrogen, and carbon monoxide.
Traffic generated by the development would result in a more permanent
degradation of the air quality in the area. The increase in daily vehicle
miles travelled (VN-1T) attributable to the project would be about 70,000
miles. Roadside carbon monoxide concentrations in 1980, including the
traffic generated by the development, would decrease from present levels
to about 2.8 ppm for the peak-hour period and to about 0.8 ppm for the
8-hour period. The projected decrease in concentrations in spite of
increases in VMT is related to lower allowable emission factors per vehicle.
43 00351
,
TABLE 5
1975 AND 1976 AIR POLLUTANT SUMMARY, PITTSBURG MONITORING STATION*
Standard
Pollutant Period Standard Maximum Exceedences
1975 1976 1975 1976
Oxidants 1 hour 0.08 ppm 0.14 ppm 0.15 ppm 10 29
Carbon
Monoxide 1 hour 35 ppm 0 0
8 hour 9 ppm 6.0 ppm 5.5 ppm 0 0
Nitrogen
Dioxide 1 hour 0.25 ppm 0.10 ppm��` 0.19 ppm Y-'` 0 0
Sulfur
Dioxide 24 hour 0.05 ppm 0.025 ppm 0.015 ppm 0°b r*
Suspended
Particulate 24 hour 100 ug/m3 3 3 6%A"'-• 16%
I year 60 ug/m 44 ug/m 61 ug/m no yes
*Located at 583 W. Tenth Street.
^4`The combined total of NO and NO2 was measured.
^^Percent of days measured.
Source: BAAPCD, "Air Pollution in the Bay Area by Station and
Contaminants".
The VMT resulting from the development would generate additional amounts
of hydrocarbons and oxides of nitrogen to that already existing. These
pollutants, through photochemical reactions, result in the formation of
oxidants which is already a problem in the Concord-Pittsburg area. A
potential future impact on residential development in the area could result
from an electric-generating plant, proposed by Pacific Gas and Electric
Company north of the project site. It is presently anticipated that the
facility would burn about 10 million barrels of light distillate fuel oil (low
sulfur, nitrogen and ash) per year. It is possible that radiation-type
inversions could trap the by-products and that the break up of the
inversion by solar warming of the air near the earth could result in
elevated levels of pollutants for a short period of time near the project.
The probability of this occurrence is relatively remote because of the
influence of Suisun Bay and the unlikelihood of simultaneous occurrence of
particular classes of wind speed and direction, and inversion heights. If
the plant were to be converted to coal use, the emissions of sulfur dioxide
and particulates would be expected to rise.
4��52
44
Mitigation
Suggested by this Report:
- Properly maintain and operate construction equipment to minimize air
pollutant emissions during this operation.
- Water down the soil in front of graders, etc. to reduce the generation
of particulates by up to 50 percent.
- Use dust-binding chemicals on the temporary dirt roads used during
construction.
- Locate the high-density residential uses near the commercial area and
provide convenient pedestrian and cyclist access to it to reduce the
number of internal car trips.
- Encourage use of public mass transit in the area.
45 00L'd,
ECOLOGY
Setting
The 155-acre site is currently an unirrigated pasture of naturalized
grasses (particularly oat) providing productive habitat for domestic cattle,
fossorial (underground-dwelling) animals, blacktailed jackrabbits, song
birds, and numerous raptors. An earlier study noted a great-horned owl
roosting in a small grove of eucalyptus trees at the northeast corner of
the site, and several pairs of white-tailed kites./1/ Other raptors
observed in studies for .this report include a marsh hawk, a red-tailed
hawk; a sparrow hawk (American kestrel), several loggerhead shrikes, and
canine tracks (domestic dog, coyote or fox). The ranch operator has
reported a pair of golden eagles roosting near the site and an unidentified
species of fox./2/
This presence of predators indicates a high winter productivity of
gophers, deer mice, meadow voles, and jackrabbits. The ranch operator
has also noted raccoon, striped skunk, and ring-necked pheasant on the
site./2/
Drainage ditches on the site provide shelter for animals. The low areas
and ditches contain limited marshy vegetation that may attract red-wing
blackbirds and other marsh species.
No rare or endangered plant or animal species (Powell, 1974; Leach, Brode
and Nicola, 1976) were noted on the site. Judging from the habitat none
are considered likely to be associated with it.
Impact
Proposed residential and commercial development would have three impacts:
1) The present grassland habitat would be destroyed, eliminating the
grassland food source for song birds and rodents, which in turn would
limit the availability of food sources for predators on the site.
2) A new association of urban landscaped vegetation and wildlife would
replace the existing and pasture association. Increased domestic cat and
dog populations could affect the biota in the marsh north of the site.
3) Increased runoff from the development would drain under the railroad
tracks to the marsh and Suisun Bay north of the site. Concentrations of
lead and other pollutants could further decrease the water quality and
productivity of these two valuable and sensitive ecosystems.
46
Mitigation
Suggested by this Report:
The landscaping of the development and the proposed park should be
native vegetation to encourage California native wildlife species to inhabit
the site.
The area close to the railroad tracks north of the site should be
maintained as open space. This area is presently owned by Interlake
Steel, but is under management by the County Flood Control District./3/
Pollutants carried in runoff would be at least partially absorbed by this
open space vegetation and would reduce pollutants carried into the more
sensitive marsh environment. Otherwise, a drainage system for nonpoint
storm runoff should be installed to carry untreated runoff to a sewage
plant. If such treatment is not presently available drainage should be
designed to allow future focused collection and treatment.
NOTES - ECOLOGY
/1/ Madrone Associates, 1973, Biological and Historical Impact Assessment
of Westgate Project.
/2/ George Barnett, project site lessee, personal communication,
January 26 and 30, 1978.
/3/ Kristin Ohlson, Planner, Contra Costa County, telephone conversation,
March 31, 1978.
0035:
47
NOISE
Setting
The primary sources of noise on the site are railroad trains (north of the
property) and traffic on Willow Pass Road (along the southern boundary)
and on Port Chicago Highway (along the western boundary).
Three railroad companies maintain parallel, adjacent, individual tracks
north of the property. The Sacramento Northern operations are primarily
switching and moving of local freight during the daytime (7 a.m. to
10 p.m.). They operate no night trains on this track. The Southern
Pacific runs about seven trains per day past the site with five of these
runs during the night. The Atchison, Topeka and Santa Fe runs 12 to 14
trains per day on this line, with eight or nine of these operations at
night. The trains typically consist of two to four engines and 40 to 100
cars.
Vehicular noise is greatest along Willow Pass Road and Port Chicago
Highway. Two 15-minute noise surveys were conducted in 1975 at the
intersection of Willow Pass Road and Marin Avenue (Contra Costa County,
1975). At a distance of 50 feet from the center of the nearest lane, a
Community Noise Equivalent Level (CNEL) of 70 dBA was projected./1/
This estimate was based on the measured L of 78 dBA and Lp of 70 dBA
of
at a distance of 20 feet from the center 4he nearest lane./2r? The L
and L at 50 feet are estimated to be about 71 dBA and 63 dBA. Thl0
CNEL, 0L and L% at 100 feet are about 64, 65, and 57 dBA,
respective. The CNEL value of 64 dBA is consistent with the
results of estimates based on Noise Assessment Guidelines (U.S. HUD,
1971) which indicates that the 65 dBA CNEL contour line is about 115- feet
from the center of Port Chicago Highway.
Impact
Noise from construction activities near the western and southern portions
of the property would have a temporary adverse impact on residents across
the street from the development. Activities in the southeast corner of the
site could impact some activities at the Ambrose School. Some operations
would generate levels of noise that could cause the 65 dBA contour to
occur at a distance of 800 feet from the noise source. Table 6 lists typical
noise levels near a construction site. Trucks hauling fill to or from the
site would result in noise levels of 90 dBA at 50 feet.
Noise from the passage of railroad trains could have significant impact if
residences were built close to the right-of-way without noise-attenuating
barriers. The northeast corner of the site is located about 550 feet away
from the tracks and would experience the highest levels of noise and
annoyance. Without any attenuating barriers between the tracks and
residences, and noise would be less than 70 dBA at a distance of about
1,200 to 1,500 feet from the tracks (Fitzroy/Dobbs, 1973). Low barriers
or other means to attenuate the more sustained wheel noise, and a buffer
strip of about 600 feet would limit the short-duration engine noise to less
than 75 dBA.
48 " �
�
TABLE 6
TYPICAL NOISE LEVELS NEAR A CONSTRUCTION SITE
NOISE LEVEL (dBA) AT INDICATED DISTANCE
CONSTRUCTION PHASE 50 feet 100 feet 200 feet 400 feet 800 feet
Ground clearing 84 78 72 66 60
Excavation 89 83 77 71 65
Foundations 78 72 66 60 54
Erection 87 81 75 69 63
Finishing 89 83 77 71 65
Source: Bolt, Beranek, and Newman, 1971.
HUD's Noise Assessment Guidelines (1971) classify sites within 600 feet of
railroad-right-of-way as normally unacceptable for residential use. If an
effective acoustical barrier were constructed, all parts of the site would
have normally acceptable levels of railroad noise. The Fitzroy and Dobbs
report determined that under present topographic conditions, a wall about
14-feet high would reduce train noise to 75 dBA or below. The wall
should extend at least 500 feet along the northern boundary and a minimum
of 200 feet south from the northeast corner of the site. To reduce noise
levels beyond borderline acceptability to clearly acceptable levels entail
extending the wall along the whole northern and eastern boundary.
Existing traffic levels and project-generated traffic would create 65 dBA
contours about 125 feet from the center of Port Chicago Highway and
Willow Pass Road, based on HUD noise guidelines. County and state
regulations also require acoustical studies to determine means of reducing
interior noise levels to 45 dBA if CNEL is 60 dBA or higher. This
acoustical analysis would have to be performed if residences were to be
built within about 190 feet of Port Chicago Highway and about 95 feet from
Willow Pass Road, according to the Noise Element of the County's General
Plan.
There are several potential noise sources which could affect the residences
in the future. The Pacific Gas and Electric Company has proposed to
build a power-generating plant north of the railroad tracks. The turbines
would be located near the railroad tracks and the cooling towers further to
the north. Consideration should be given to the noise that such a
facility might generate and whether a wall designed to attenuate railroad
49 00357
noise would also reduce the power plant noise sufficiently. With new
energy policies it is conceivable that the plant could be converted to use
coal. It is also possible that industrial operations east of the site could
expand and create additional noise.
Another possibility is that Bay Area Rapid Transit could be extended into
the area. The noise corridor would be widest if elevated tracks were built
through the site; 65 dBA noise levels could be experienced up to f,000
feet from tracks.
Mitigation
Suggested by this Report:
- Perform an acoustical study to determine the areas with above 60 dBA
CNEL associated with trains and road traffic and the heights and
lengths of the acoustical barriers needed to reduce the noise below
this CNEL (or the amount of open space to serve as a buffer from the
noise sources).
- Limit construction activities to the hours of 7 a.m. to 7 p.m. so as to
minimize the number of people impacted by the noise.
Require contractors to certify that construction equipment meets State
Noise Standards.
FOOTNOTES
/1/ dBA - is the A-weighted measure of sound in decibels. A-weighting
approximates the frequency response of the human ear.
/2/ Ll is the A-weighted sound level which is exceeded 10 percent of the
time. L50 is the A-weighted sound level which is exceeded 50 percent of
the time.
50 00358
VISUAL AND AESTHETIC ASPECTS
Setting
The site rises gently from north to south at an average slope of two to
three percent. There are presently no structures on the site and the land
is used for grazing cattle. The site is surrounded by a chain link fence
along Port Chicago Highway and Willow Pass Road and a cluster of about
five trees dots the site along Willow Pass Road at Albert Avenue.
Immediate views from the site are of the same varied land uses described
in the Land Use section of this EIR. However, distant views from the site
are more aesthetically pleasing. To the north beyond the Interlake Steel
building, views of the Bay and the Benicia Hills are prominent. To the
west and south beyond the varied commercial and residential structures,
the foothills of Mount Diablo rise in the distance. To the east the oil
refinery is the most prominent distant feature.
Impact
Development based on the proposed General Plan amendment and rezoning
would unalterably change the visual character of the site. However, the
site is presently planned for industrial use which also would unalterably
change the visual character of the site.
Views of the residences to the west and south of the site would be of
substantially built-up urban space, rather than an open grassy area.
However, if properly designed, the proposed development could be an
improvement over the existing cattle grazing fenced-in area. Views of the
distant Benicia Hills from Willow Pass Road would be blocked by the
proposed commercial and residential development. However, since the
residential structures will be a maximum of three stories, views further
south than Willow Pass Road would still be possible.
Views from within the development would be somewhat varied. The
applicant's preliminary plan shows some common open area and pathways in
the area of the zero-lot-line units as well as a five- to eight-acre public
park in the middle of the proposed low-density residential area. However,
the overall design of the 155-acre development could be more flexible and
provide more openness in the development. For example, both the
zero-lot-line units and single-family units could be clustered in various
arrangements beyond the apartment building and the commercial center
areas. This arrangement would result in more open space and recreation
areas within the development and could enable a larger area of open space
to be reserved at the northern boundary of the site. The redesign could
result in a pleasing development that could visually improve this area of
West Pittsburg. As stated earlier in the Land Use section of this EIR, the
flexibility in building design would be best accomplished under a Planned
Unit Development designation.
Mitigation
OU`53
See the Land Use section of this EIR.
51
ENERGY
Setting
Energy resources on the site are currently used for vehicles travelling to
the site, fuel break construction, fire protection, and other cattle
ranching activities. No irrigation is done on the site, so that no energy
is needed for water pumping./l/ It is estimated that these uses currently
require less than 1 million British Thermal Units (MBTU) per year.
The site is in the natural gas and electricity supply area of Pacific Gas
and Electric Company.
Impact
As noted in Table 7, the development would require 1 trillion BTU of
nonrenewable energy for construction. After construction, assuming 1978
state energy conservation standards are met and no solar energy was
utilized on site, the development would require about 576 billion BTU of
nonrenewable energy annually.
Mitigation
Suggested by this Report:
- Provide public transit stops at several locations in the development to
encourage use of public transit in the future.
- Coordinate car pooling by supplying central parking and a ride
bulletin board in an attractive wood shelter.
- Require fluorescent lighting, low-flow plumbing fixtures, and pilotless
natural gas appliances. Natural gas appliances sold new after July,
1978 will be required to be pilotless, according to recent regulations
established by the California State Energy Commission. Low-flow
shower heads and sink faucets will be required by the Commission
after December, 1979. Toilet flush volumes are regulated by the
Department of Water Resources.
°0360
52
TABLE .7
PROJECTED ENERGY USE
Amount (MBTU)
Type of Annual Operation
Energy Use Construction and Maintenance
Single-Family 630,000 101,700
Zero Lot Line Units 237,500 32,800
Apartments 74,000 10,800
Resident Generated
Vehicle Use - 234,600
TOTAL RESIDENTIAL 941,500 379,900
Commercial 60,000 16,400
Commercial Attracted
Vehicle Use - 62,100
TOTAL COPItiERCIAL 60,000 78,500
TOTAL 1,091,500 458,400
^Includes structural and public utility service (streets, drainage,
sewerage, water, electricity, gas and telephone) energy expenditures.
These estimates are based on the data in the Contra Costa County Planning
Department study, Energy Use and Conservation in Contra Costa County,
California, (1976).
00361
53
Require east-west building orientation and building design to take
advantage of passive solar energy (see Figure 6 below).
1 I
I I
I
WINTER f 1 SUMMER
I
i
I W IW
sN SI N
� I
E l� Insulation
E
Heat Storage
—+ Heat Flow (Direct)
--+ Heat Flow (Reradiated)
FIGURE 6 BASIC DESIGN CONCEPTS FOR
PASSIVE SOLAR ENERGY UTILIZATION
Use solar energy for residential and commercial water heating and
space heating could conserve an estimated 55 billion Btu of
nonrenewable energy resources per year.
NOTES - ENERGY
/1/Telephone communication with George and Gary Barnett, ranchers on
the Shell site, on February 1, 1978.
00162
54
V. IMPACT OVERVIEW .
UNAVOIDABLE ADVERSE IMPACTS OF THE PROPOSED DEVELOPMENT
Irreversible loss of land for agricultural production.
Loss of potential for industrial development for a new base
employment opportunities.
Probable negative fiscal impact on the County and special district
budgets and dislocation of the existing Pittsburg retail sector.
- Possible dislocation of the existing retail uses in the West Pittsburg
area and slower absorption of approved retail centers in the City of
Pittsburg.
- Land use conflicts between proposed residential uses and existing
industrial uses at the northern boundary of the site.
- Addition of about 10,000 trips per day on streets in the site vicinity,
particularly increasing traffic congestion at the Port Chicago and
Willos Pass Road intersection.
- Increase in assessed valuations leading to housing cost increases in
West Pittsburg may result in some displacement of low-income renter
households
Requirement for sewer capacity greater than that available in the
existing County Sanitation District 7-A.
Reduction of the permeability of the land surface and an increase in
storm water runoff.
- Cumulative permanent contribution to the degradation of water run-off
reaching Suisun Bay.
09363
55
Noise from the passage of trains at the northern boundary of the site
would significantly impact the residents of the proposed single-family
units.
- Temporary noise construction impacts on uses south of Willow Pass
Road and to Ambrose School.
Destruction of the present grassland habitat.
Increased vehicular emissions would result in incremental deterioration
of air quality with respect to oxidants.in the Pittsburg area.
BENEFICIAL IMPACTS OF THE PROPOSED DEVELOPMENT
- Promotion of a mix of population and income groups in West Pittsburg.
- Increase in supply of moderate-priced housing, benefiting homebuyers
and helping to restrain price increases in other parts of the Region.
- Provision of short term construction employment and new long-term
retail trade employment assuming no equivalent loss of jobs in the
existing retail sector.
- Improvement of the aesthetic value of the West Pittsburg community.
- Infill development possibly prolonging period when more foothill areas
south of Highway 4 are urbanized.
RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF MAN'S
ENVIRONMENT AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY
The commercial and residential uses proposed in the project would remove
the grazing activities on the site and add to the cumulative urbanization of
agricultural land in Contra Costa County. However, the present zoning
and plan designation of the site for heavy industrial uses also implies the
eventual urbanization of the site. Adjacent land use, and availability of
transportation and community services support the public policy commitment
of this site to provide either jobs or housing. The long-term productivity
of the site as an agricultural and wildlife and plant habitat will eventually
be lost.
56 00361
IRREVERSIBLE ENVIRONMENTAL CHANGES
Once development of the site has occurred, reversion of the site to its
present agricultural uses is unlikely. Agricultural and other plant and
wildlife habitat would be removed, and construction of buildings and
streets would alter the topographic and hydrologic characteristic of. the
site. In addition, the use of non-renewable resources and energy
resources to complete the project would also be an irreversible commitment.
GROWTH-INDUCING IMPACTS OF THE PROJECT
The project as proposed would provide housing for about 2,000 people in
the West Pittsburg area. It is difficult to determine whether this
population increase would represent new migration into Contra Costa
County or simply a shift of population from other areas. Because of
relatively poor housing conditions and high vacancy rates in the West
Pittsburg area, the latter assumption is at least partially valid.
The commercial uses proposed in the project are also likely to displace
existing marginal commercial uses in the area rather than represent new
growth in the community. However, the net new permanent residents of
tho- project would create a small economic stimulus on retail and service
businesses in the West Pittsburg area and could generate new jobs other
than those created in the commercial uses on the site. Although most of
these jobs would be filled by the local labor market, if some workers were
attracted from outside of the area there could be secondary growth impacts
that are difficult to quantify.
If the project were not implemented, the present general plan designation
and zoning of the site for heavy industry could result in significant
growth-inducing impact. Although the number of jobs created would
depend on the nature of the industry, these jobs would be considered
basic employment and therefore would create secondary employment in a
ratio of two or three secondary jobs for each basic job. Thus, the project
as proposed would have fewer growth-inducing impacts than assuming
development of the site under present plans and zoning.
The public services required to serve the project, such as transportation
facilities or utility lines would not generally be expanded to serve the
project and would not have growth-inducing impacts. However, the
. committment to utilize all of the remaining sewage treatment capacity to
serve development of this site could act to restrict other growth in the
area at least until after 1981 when further expansion of the sewage
treatment plant is possible.
0
57
VI. ALTERNATIVES TO THE PROPOSED PROJECT
NO PROJECT ALTERNATIVE
The "no project" alternative can be discussed in two senses: (1) Allowing
existing general plan and zoning designation for the site to remain, with
the assumption of eventual industrial development and accompanying
impacts, and; (2) Maintaining existing grazing uses on the site, and
therefore avoiding many of the biological, physical, economic and social
impacts discussed in this report.
Eventual industrial use of the site under the existing heavy-industrial
General Plan designation and H-1 zoning would have significantly different
impacts than the proposal.
- No housing would be added to the West Pittsburg community,
and the population increase associated with that housing would
also not occur.
- Heavy industrial uses would be developed adjacent to existing
residential areas west of Port Chicago Highway and south of
Willow Pass Road.
- This alternative would increase peak-hour traffic on the local
road network over present levels, but probably fewer trips
would be generated than the proposed uses. This would vary
according to the type of industry locating at the site.
- The economic and fiscal impacts of industrial use include
increasing regional basic employment and resulting regional
secondary employment, increasing the local property tax base in
excess of that of the proposed uses, and generating tax
revenues greater than the costs of services provided by local
agencies. However, the forgone housing construction would tend
to increase demand on the local housing supply and contribute to
upward pressure on housing costs in the area.
58 0036;
Industrial use of the site would generate different demands on
public services. Water and sewage would depend on type of
industrial activity, but large industrial plants typically have
their own water treatment and reclamation facilities. Except
during drought conditions, the local water system can adequately
supply additional industrial demand. Police and fire service
demand would be somewhat less for the industrial alternative
compared to proposed residential uses. Additional school
population would, of course, not be directly generated by
industrial use of the site.
Geology and soil conditions would not impose significant limitation
on industrial uses, but drainage problems could be affected by
creation' of a larger amount of impermeable surface compared to
residential use.
Industrial development of the site would destroy the existing
plant and wildlife habitat on the site, an impact comparable to
that expected from residential development. However industrial
use would have the potential of accidential spillage of oil or
chemicals which could adversely affect the marsh community to
the north of the site.
Noise impacts from industrial processes, and increased truck and
rail traffic could be greater than residential development noise.
Climate and air quality impacts of industrial uses would probably
be of a different type and quantity than the primarily vehicle
emissions pollutants associated with residential development.
However, these would vary according to types of industrial
development and applicable air quality regulations.
- Industrial energy use varies widely, and while energy use per
acre may be higher for many industrial uses than residential
uses, this may not be true in every case. Table 8 shows an
estimated range of energy intensities that could be expected with
maximum development of the site with various types of heavy
industrial uses.
Visual impacts of industrial uses could vary with specific
activities. One-story buildings with no cooling tower or other
• high-rise structures would not be prominent from surrounding
areas, but chemical plants or power generation facilities typical
of other industrial uses in the County would be more significant
visually than residential development on the site.
00%1
59
TABLE 8
ALTERNATIVE ENERGY USE INTENSITIES AT SHELL SITE
Alternative Type Estimated Annual Energy-Use
of Energy Use Intensity for 155-acre Site, MBTU
Residential-Commercial (project) 460,000/1/
Asphalt Plants 460,000/2/
Warehousing 500,000
Catalyst Plants 740,000
Oil Refinery 5,200,000
/1/ includes vehicular energy-use
/2/ projected energy-use for proposed development.
Continued agricultural use of the site would avoid most of the effects
outlined in this report. No housing or employment facilities would be
developed at the site, and related demands on public services and traffic
facilities would not increase. Drainage and soils conditions would not be
altered, and plant and wildlife habitat would remain productive. This
visual environment of open land surrounded by residential development
would remain, and the minimal energy demands of grazing uses would
continue. However, neither the housing nor the employment needs of West
Pittsburg or the region would benefit from this alternative.
PLANNED UNIT DEVELOPMENT ALTERNATIVE
The County planning staff has proposed a General Plan amendment for the
site that encompasses residential and commercial uses, but suggest planned
unit development under P-1 zoning. This alternative is generally
equivalent to the proposed project except that 20 acres of commercial uses
rather than eight acres is planned, and a "buffer" open space area at the
northern edge of the site between projected residential uses and industrial
uses north of the site would be encouraged. Decreased acreage in
residential use in this alternative would somewhat reduce impacts on public
services, but the larger commercial area could generate higher traffic
volumes for the project as a whole and could create several congestion
conditions on Port Chicago Highway and Willow Pass Road. Energy use for
construction and operation of the larger commercial area of this alternative
would be higher than in the project. Other impacts of this alternative
would be generally similar to the project. The planned unit development
approach could allow clustering of residential units and more common open
space within the project, and the open space buffer would reduce
residential-industrial land use conflicts.
60 0036e
A variation on this alternative would allocate eight acres to commercial
uses, near Port Chicago Highway and Pacific Avenue as in the project, but
also provide for planned unit development. Impacts of this alternative
would be similar to the project, except for provision of the open space
buffer and clustered housing. Traffic generation on Port Chicago Highway
related to commercial activity would be somewhat greater.
Another commercial zoning alternative in R-B designation, which allows a
greater variety of retail uses with equivalent site plan and land use
controls.
DEFERRED DEVELOPMENT ALTERNATIVE
This alternative would defer a decision on any general plan- amendment or
development of the site for three years to allow resolution of several
issues:
- Completion of the Association of Bay Area Governments Industrial
Siting Task Force Study to resolve air quality regulation
constraints on new industrial development in the Bay Area.
- Determination if the Pacific Gas and. Electric power plant will be
constructed north of the site and create land use conflicts for
adjacent residential use on the site.
- Completion of the new sub-regional sewage treatment plant and
easing of the current sewer hook-up limitations.
Impacts of this alternative would be that of continuing present uses of that
site, as described under the "no project" alternative. Eventual industrial
development would be more likely under this alternative, with impacts also
as discussed earlier.
61 90t%9
VII. REPORT PREPARATION
This report was prepared for Contra Costa County by the staff of
Environmental Science Associates Paul Zigman, President, under the
direction of Shirley Douglas, project leader and Michael Rice, deputy
project leader. Charles Bennett was the principal-in-charge. Other staff
participants were Joan Cudhea, Leon Dolislager, Cathy Glew, Susana
Montana, Roger Wilde, Mark Winsor and Sharon Sodek.
Th'e following organizations and individuals furnished information used in
the preparation of this report:
Contra Costa County
Gunther Boccius, Zoning Administrator
James Cutler, Planning Department
Paul Hughey, Economic Development Association
Arnold Jonas, Planning Department
Stephen Matthews, Planning Department
Kristin Ohlson, Planning Department
Lyall Burke, Public Works Department
Danny Desmond, Public Works Department
Maurice Shiu, Public Works Department
Deputy Surry Pool, Inspection and Control Division, Sheriff's Department
Lieutenant Ken Sandy, Watch Commander, Sheriff's Department
ABAG
Bill Goldner, Technical Services Division
Gordon Jacoby, Senior Planner
A.C. Transit
Operator 7, A.C. Transit Information
Ambrose Recreation and Park District
Ed Spencer, District Administrator
Janie Kolfe, District staff member
62 00370
Applicant
Alfred A. Affinito
Bay Area Rapid Transit (BART)
Operator 8, Bart Transit Information
Bay Area Pollution Control District
Mr. Questero
Bay Water Company
Al Neville, Superintendent
Eva Garrett, Customer Representative
City of Pittsburg
Mark Beratta, Planning Department
ECOSCAPE
David Van Pelt
Mount Diablo Unified School District
Ms. LaVerta Edwards - Assistant Superintendent Cole's office secretary.
Mr. Jim Davis - Bel Air Elementary School, Principal
Ms. Eker - Mt. Diablo High School, attendance staff member.
Ms. Christina Ortiz - West Pittsburg Day Care Center, community aide.
Pacific Gas and Electric Company
Lee J. Ezzell, Project Engineer
Charles Doolier, Superintendent, Research Center
Ralph Downing, Manager, Pittsburg Area
Pacific Telephone and Telegraph Company
Ms. Ellsworth, Engineering Department
Riverview Fire Protection District
Chief Golinveeaux
Captain Shively
Shell Chemical Company
M. S. Walker
Shore Acres Community Group, Beacon
Sharon Dykes
Shore Acres Elementary School
Don Williams, Principal
West Pittsburg Child Development Day Care Center
Christina Ortiz, Community Aide
Beth Hutchenson, staff member
.0031* 11
63
VIII. BIBLIOGRAPHY
Association of Bay Area Governments (ABAG), December, 1977,
Draft Final Report Industrial Siting Pilot Project, San Francisco Bay
Area, Industrial Siting Task Force for Governor's Office of Planning
and Research.
Association of Bay Area Governments, March 2, 1977, Summary Report,
Provisional Series 3 Projections (Population, Housing, Employment,
and Land Uses, San Francisco Bay Region).
Bay Area Air Pollution Control District (BAAPCD), 1975,
Guidelines for Air Quality Impact Analysis of Projects, San Francisco.
California Department of Finance, Population Research Unit, 1975,
Special Census For Contra Costa County.
California Department of Transportation (CALTRANS),
1976 Traffic Volumes on California State Highways.
Contra Costa County, 1976, Contra Costa County -- A Profile.
Contra Costa County Administrator, Contra Costa County 1977 Annual
Report.
Contra Costa County, 1978, Housing and Community Development Bloc_ k
Grant Application.
Contra Costa County, 1975, Noise Element of the General Plan.
Contra Costa County, 1975, User's Guide to the Special Census for
Contra Costa County.
Contra Costa County Development Association, 1977, Contra Costa
County Directory of Industries.
64
003'12
Coons, Joseph D. , 1973 Existing and Projected Air Quality and its
Impact in an Area of Proposed Residential Development, prepared for
Madrone Associates.
Ecoscape, 1973, Information To Aid in the Preparation of An
Environmental Impact Statement on the Proposed Westgate Planned
Unit Development.
Ecoscape, 1973, Vehicular Noise Analysis for the Proposed Westgate
Planned Unit Development.
Environmental Science Associates, 1975, Draft Environmental Impact
Report for Mira Vista Hills No.3, Antioch, California.
Fitzroy/Dobbs, 1973, Railroad Noise Analysis for the Proposed Westgate
Planned Unit Development.
Highway Research Board, 1965, Highway Capacity Manual Special Report
87, National Academy of Sciences, National Research Council,
Publication Number 1328.
Jackson, Thomas L. , 1973, An Archaeological Reconnaissance of the
Proposed West Gate Planned Unit Development, Pittsburgh, California,
submitted to Dan Coleman and Associates, February 9, 1973.
Parsons-Brinckerhoff-Tudor-Bechtel in association with Wilbur Smith and
Associates, 1975, Pittsburg-Antioch Bart Extension Project, Final Report
Draft, prepared for Bay Area Rapid Transit District.
Leach, H.R. ; J.M. Brode; S.I. Nicola, 1976, At the Crossroads,
California Department of Fish and Game, Sacramento.
Powell, Robert W. , 1974, Inventory of Rare and Endangered Vascular
Plants of California, California Native Plant Society Special Publication
#1, Berkeley.
Pittsburg Economic and Housing Development Corporation, 1972
Pittsburg, California.
Shell Chemical Company, 1971, A Prime Industrial Site; 574 Acres on
the Sacramento River.
U.S. Department of Housing and Urban Development, 1971, Noise
Assessment Guidelines, report prepared by Bolt, Beranek and Newman.
U.S. Environmental Protection Agency, 1975, Compilation of Air
Pollutant Emission Factors Supplement No.5.
U.S_ Geological Survey, 1975, Bulletin 1388, Influence of Rainfall and
Ancient Landslide Deposits on Recent Landslides, Contra Costa County,
California 1950-1971, prepared by Tor A. Nilsen and Barbara L. Turner
U.S. Government Printing Office, Washington, D.C.
65 00373
U.S. Weather Bureau, 1961, Rainfall Frequency Atlas of the United
States for Durations from 20 minutes to 24 hours and Return Periods
from one to 100 years, Technical Paper No.40, U.S. Government
Printing Office, Washington, D.C.
Urban Land Institute, 1975, The Dollars and Cents of Shopping
Centers, 6th Edition.
66 0`71
IX. APPENDIX EXISTING INDUSTRY AND ECONOMIC DEVELOPMENT
PROJECTIONS AND PLANNING: BAY AREA AND
CONTRA COSTA COUNTY
The Population, Housing, Employment and Land Use (Plum Series 3)
projections of the Association of Bay Area Governments (ABAG) provide
data on existing vacant land zoned for industry and some indication of
probable future demand for industrial sites. The Industrial Siting Pilot
Project (an ABAG project undertaken in 1977 under contract to the State
Office of Planning and Research) has developed a preliminary computer file
inventory of 370 industrial sites. While the inventory contains inaccuracies
and is admittedly preliminary according to ABAG staff, it is the only
source of existing data for comparing industrial site parcels for relative
suitability and desirability from both a potential industrial developer's
standpoint and a public policy perspective (reduction of unemployment and
environmental protection). It may be noted that Contra Costa County
planning staff seriously questions the usefulness of the inventory./1/
According to the ABAG Plum Series 3, in the nine counties of the Bay
Area more land is zoned for industry but still vacant and undeveloped
(77,700 acres) than is at present used (55,200 acres) by the economic base
(i.e. , industry of all categories exporting a service or product out of the
region and returning a net income). Only six to eleven percent of the
vacant industrial land is projected to be developed by 1990, with projected
consumption highly concentrated in the South Bay. Contra Costa County
has two percent of the region's existing "basic acreage" land, and one
percent (9,700 acres) of the region's land available for industry. From
zero to seven percent of the land zoned for industry in the County is
projected to be needed for industry by the year 1990./2/ See Table A-1.
Although the projected rate of consumption is low and it would appear that
there is a large excess of industrial land in the County, specific sites
differ in their suitability for industrial development and certain industries
have specific site, size, location-or other requirements which may limit the
desirability of much of the available acreage.
67 003
Of the 370 vacant sites available for industrial development in the Bay
Area in 1977, 61 sites are located in Contra Costa County. Only nine of
these vacant sites (which include the Shell site) are 250 acres or more.
The largest is the 1,136-acre PG&E site which borders the project site and
is proposed for a power plant. Over half (54 percent) of the sites in the
County are less than 100 acres in size. Table A-2 gives a breakdown of
City and County industrial sites by size.
TABLE A-1
BAY AREA AND CONTRA COSTA COUNTY INDUSTRIAL ACREAGES AND
PROJECTIONS
ACRES County
Percentage
of
Bay Area Contra Costa Bay Area
Developed 552,000 11,000 2
Vacant Industrial 770,000 9,700 1
Projected Industrial Land
Consumption* 4,600 to 0 to 0 to 8
8,700 700
Percent of Vacant
Industrial Land
Projected to be
Developed by 1990 6 to 11% 0 to 7% --
`Lower figure is Base Case 2 projection; higher figure is Base Case 1
projection. (See Source, pp. 1, 14 & 15 for explanation of two cases.)
SOURCE: Association of Bay Area Governments, Summary Report, Provisional
Series 3 Prpjections, March 2, 1977, pp. 10 and 11.
68 ��J
TABLE A-2
VACANT INDUSTRIAL SITES IN CONTRA COSTA COUNTY: INVENTORY BY JURISDICTION AND SIZE%
5-99 Acres 100-249 Acres 250+ Acres All Sizes
City Uninc. Total City Uninc. Total City Uninc. Total City Uninc. Total
Number of
sites 18 16 34 5 13 18 3 6 9 26 35 61
Total acres 500 609 1,109 648 1,902 2,550 1,852 2,104 3,956 3,000 4,615 7,615
Average size 28 38 33 130 146 142 617 351 440 115 132 125
*Data base is from County and City sources, and may be inconsistent with other data. For example,
the Shell Chemical Co. area is lised as 348 acres; however, the vacant 242-acre parcel and an adjacent vacant
parcel of 31 acres total 273 acres. Some sites listed in this table as City sites are partially located
in unincorporated areas.
%'�''Richmotid 13• Antioch 5• Pittsburg, 4• Walnut Creek 2• Pinole 1• Martinez 1.
SOURCE: Industrial Siting Pilot Program inventory on industrial sites, available on computer printouts by
site at AHsociation of Bay Area Government offices. Data compiled by Environmental Science Associates, Inc. ,
January, 1978.
Li
ti
r
The industrial inventory file, developed by the Industrial Siting Pilot
Project, contains data for each site on availability of transportation, sewer
and hazardous waste-disposal facilities, geologic and soil constraints,
potential water quality, air quality and wildlife constraints, accessibility to
labor force, and several other criteria pertinent to industrial siting.
Although the Industrial Siting Pilot Program is proposing a weighting
system, the sites have not yet been ranked: this study did not compare
the characteristics of the large sites in Contra Costa County to ascdrtain
relative potential desirability and constraints for major industry. A map
on file with ABAG shows that most Contra Costa vacant industrial sites are
along or near the shoreline from Richmond to Antioch; many are wetlands.
The final report of the Industrial Siting Task Force (composed of
representatives of city and county governments, business, labor, minority
and environmental leader's) was adopted in March 1978 and submitted to the
Office of Planning and Research. The proposals are included in OPR's
Urban Strategy plan, and funds have already been allocated to begin
implementation of the report's proposals, and will be reviewed by ABAG's
Environmental Task Force, the California Air Resources Board, and the
Bay Area Air Pollution Control District. Implementation of final proposals
could occur by fall, 1978./3/
NOTES - APPENDIX
/1/ James Cutler, Planning Department, Contra Costa County, personal
communication.
/2/ Two "base cases" (a high growth and a low growth) were selected by
ABAG as benchmarks for analysis. In the first, the higher regional basic
employment growth case, about 700 net new acres were projected for
Contra Costa County industrial development by 1990. In the second, the
lower regional growth case, the model shows more County land available
for industry in 1990 than in 1975. (Some industries, such as food
processing, are projected to decline. ) In effect, the low growth base case
would imply not only no development of existing vacant industrial land but
also closed factories on land that is now developed. Industrial acreages in
the ABAG model were projected on the basis of national regional and
subregional growth trends by major industry groups. Employment
projections were translated into acreages of land absorption by use of
average employee coefficients by type of industry. It should be
understood that these are therefore only rough approximations of land
requirements for industrial use.
/3/ Information in this paragraph is based upon personal communication
with Gordon Jacoby, Senior Planner, Association of Bay Area Governments,
assigned to the Industrial Siting Pilot Project staff, January 26, 1978 and
April 3, 1978.
70 OU3'r
CONTRA COSTA COUNTY PLINNING DEPARTMENT
' NOTICE OF
F-73kompletion of Environmental Impact Report
Negative Declaration of Environmental Significance
Lead Agency Other Responsible Agency
Contra Costa County i
c/o Planning Department
P.O. Box 951
Martinez, California 94553"
Phone (415)
Phone
EIR Contact Person Arnold Jonas
Contact Person
PROJECT DESCRIPTION: FRED A. AFFINITO (Applicant) - SHELL CHEMICAL
COMPANY (Owner), County File #2140-RZ with a General Plan Amendment: A
request to amend the County General Plan Land Use proposal for subject property
from the Heavy Industrial Designation to a combination of designations allowing a
mixture of residential uses at varying densities and commercial uses, and to rezone
the approximately 115 acre property from the H-I (Heavy Industrial) District to the
R-6 (Single Family Residential) District, M-3 and M-4 (Multiple Family Residential)
Districts and N-B (Neighborhood Business) District. Subject property fronts
approximately 2,452 feet on the north side of Willow Pass Road and 2,397 feet on
the east side of Port Chicago Highway, on the northeast corner of the intersection
of those roads, in the West Pittsburg area.
It is determined from initial study by of the
L �Planning Department that this project does not have a significant
effect on the environment.
Justification for negative declaration is attached.
XX The Environmental Impact Report is available for review at the below
address:
Contra. Costa County Planning Department
4th Floor, North Wing, Administration Bldg.
' Pine $ Escobar Streets
1 Martinez, California n ('
Date os d �- 1�1 Final date for review/appeal I� t�� �J1E)
By f V X412—
Planning
412 _Planning Departm n Representative
- - AP9 1/74
j: S
In the Board of Supervisors
of
Contra Costa County, State or California
August 1 , 19 78
In the Matter of
CETA Title II PSE
Program Subgrant Modification Agreement
u28-621-7 with Oakley Union
School District
for February Reprogramming of CETA
Title II Funding
The Board having authorized negotiations (by its Order dated February
7, 1978) with (27) CETA Title II PSE Program Subgrantees (including Oakley
Union School District) for Subgrant Modification Agreements*to increase Subgrant
Agreement Payment Limits for the purpose of adding one (1) new CETA Title II PSE
position to each Subgrantee's FY 1977-1978 CETA Title II PSE Program, thereby
assuring a maximum utilization (or reprogramming) of CETA Title II funding in
federal FY 1977-1978; and
The Board having considered the recommendations of the Director, Human
Resources Agency, and the County Manpower Program Director regarding the conclusion_
of negotiations with Oakley Union School District;
IT IS BY THE BOARD ORDERED that the Director, Human Resources Agency, is
AUTHORIZED to execute, on behalf of the County, standard form Subgrant Modification
Agreement #28-621-7, effective February 15, 1978, with Oakley Union School District,
increasing the Subgrant Agreement Payment Limit from $55,512 to the new total of
$61,311 (for the period from October 1, 1976 through September 30, 1978) and adding
one (1) new CETA Title II PSE position for the period from February 15, 1978, through
September 30, 1978.
PASSED BY THE BOARD on August l, 1978.
hereby certify that the foregoing is a true and correct copy of on order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Orig: Human Resources Agency Witness my hand and the Seal of the Board of
Attn: Contracts & Grants Unit Supervisors
cc: County Administrator affixed this .1st day of Aurust
County Auditor-Controller
County Manpower Program Director
Subgrantee `l d. R. OLSSON, Clerk
By �«p,�D(�_�(�CJ� . Deputy Clerk
Kdrin KingU
jm
I-i-24 4/77 15m 0080
r) .
r(
. In the Board of Super lisors
I
Oi
Contra Costo County, Stale of California
Augu3 t 1 , 79 71-
In
Ain the Matter of
Agreement with American
Fidelity Fire Insurance
Company
On recpmmendation of the County Auditor-Controller, IT IS
BY. THE BOARD ORDERED that its Chairman is AUTHORIZED to execute
an agreement with American Fidelity Fire Insurance Company which
will allow the County Auditor-Controller to release final payment
of $6, 627. 03 due to L & L Equipment Company for construction work
on Crow Canyon Road to be paid to the bonding company.
Passed by the Board on August 1, 1978.
1 hereby certify that the foregoing is a true and correct copy of on order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Orig: Administrator Witness my hard and the Seal of the Board of
cc: Auditor-Controller Supervisors
American Fidelity.Fires of✓rixed this Ist day of August 19 78
0
Insurance Company A
County Counsel
J. R. OLSSON, Clerk
By C�,C_ y.�n . Deputy Clerk
harl.n it-I np y�
00351
H-24417715m
i
z
t
INDEMNITY AGREEMENT
On or about July 26, 1976, L & L EQUIPMENT COMPANY (herein-
after referred to as "L & L") entered into a construction contract
with CONTRA COSTA COUNTY (hereinafter referred to as "CONTRA COSTA")
for reconstruction and widening of pavement and improvement of road-
Nide drainage on Crow Canyon Road in the San Ramon area, .Project No.
4711-4329-76 all in accordance with the Plans, Drawings and Special
Provisions or Specifications, Including Addendum No. 1, prepared by
or for the Public Works Director and in accordance with the accepted
Bid Proposal (hereinafter referred to as "Project") .
AMERICAN FIDELITY FIRE INSURANCE COMPANY (hereinafter refer-
red to as "A.F.F.I. ") , on or about July 23, 1976, issued a Performance
Bond, Public Works and Public Works-Labor & Material Bond, in accord-
ance uTith the above-mentioned construction contract. On or about
January 13, 1977, A.F.F.I. issued a rider to the above-mentioned bond,
which increased the penal sum of the bond to $66,270. 26.
L & L failed to pay Industrial Asphalt, one of its suppliers
on the Project. CONTRA COSTA has received a Verified Statement Of Re-
lease Of Notice To Withhold of the claim of Industrial Asphalt and
has received a copy of the Dismissal of the complaint to enforce the
Stop Notice of Industrial Asphalt.
CONTRA COSTA is presently holding the sum of $6, 627.03 on
the above-::entioned contract.
L-148 Mimfi(med with board
order
003x2
INDEMNITY AGREEMENT, page 2
CONTRA COSTA agrees to disburse to A.F.F.I. the sum of
$6, 627. 03, at the time it executes the within agreement.
A.F.F.I. agrees to defend, indemnify and hold CONTRA
COSTA harmless, to the extent of funds disbursed by CONTRA COSTA
to A.F.F.I. , for liability CONTRA COSTA may have to L & L on
account of making the disbursal to A.F.F.I.
DATED: CONTRA CONTRA COSTA
By: I.Schroder
DATED: 71-7s", AMERICAN FIDELITY FIRE INSUILFUNCE
COMPANY
By:
CL�175 r1r roec.c'
State of t�1�✓!! ,!.;CL�i- )
J } ) ss.
County of
On hlC 1978, before me personally appeared
known to me to be the
of th�v l;�n •i 'P� //%/i r i .o i}.
that execu-ted the within instrument and acknowle ged Al that such
entity executed the same
Q: ?/777&
r,
zer-
0033
INDEM1TY AGREEMENT, page 3_
State of California )
ss.
County of Contra. Costa )
on August 1 , 1978, before me personally appeared
R. I. Schroder known to me to be the
Chairman of the Board of Supervisors
that executed the within instrument and acknowledged to me that such
entity executed the same.
Dated: r• , st 1, 1978 J.R. Olsson
By
Karin Kind;
Deputy Clerk
00384
rl �
In tha Board of Supervisors
t
or
Contra Costa County, State of California
Au fTus t 1 , 19 7
In the Matter of
Contract V20-113-4 with
Volunteer Bureau of Contra
Costa
IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to
execute Contract Renewal 720-113-4 with the Volunteer Bureau of Contra Costa
for provision of home visiting service during the term July 1, 1978 through
December 31, 1978, in the amount of $9,300 in Title III Federal funds for
the Social Service Department/ Office on Aging.
PASSED BY THE BOARD on August 1, 1978 .
1 herab- certify that the foregoing is a true and correct copy of an order entered on fins
minutes of said Board of Supervisors on the date aforesaid.
Witless my hand and the Seal of the Board of
Orig: :-umar. Resources Agency Supervisors
Attn: Contracts & Grants Unit C s Au.-us affixed this iday of i9 78
cc: County Administrator
Count:* Auditor—Controller
County Social Service/ J. R. OLSSON, Cleric
Office on Aging
Contractor BDeputy Clerk
i;arin Kin-
00381
H-24 4/77 15m
Contra Costa County Standard Form
t STANDARD CONTRACT
(Purchase of Services)
1. Contract Identification. Number
20 - X13 - 4
Department: Social Service/Office on Aging
Subject: Home Visiting Service
2. Parties. The County of Contra Costa California (County), for its Department named
above, and the following named Contractor mutually agree and promise as follows:
Contractor: VOLUNTEER BUREAU OF CONTRA COSTA
Capacity: Nonprofit corporation
Address: 2116 Main Street, Suite E, Walnut Creek, California 94596
3. Term. The effective date of this Contract is July 1, 1978 and it
terminates December 31, 1978 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $ 9,300
5. County's Obligations. County shall make to the Contractor those payments described
in the Payment Provisions attached hereto which are incorporated herein by reference,
subject to all the terms and conditions contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out
that work described in the Service Plan attached hereto which is incorporated herein by
reference, subject to all the terms and conditions contained or incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions
and Special Conditions (if any) attached hereto, which are incorporated herein by
reference.
8. Project. This Contract implements in whole or in part the following described
Project, the application and approval documents of which are incorporated herein by
reference: Contra Costa County Area Agency on Aging Project Plan and Budget for
FY 1978-79.
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: 42 USC 43021 et seq.; 45 CFR §903.0 et seq.; and California
Government Code 53703.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OFC TF CALIFORNIA CONTRACTOR
B / R. I.Schroder ,(� p
y //XK BY
hairman, Board of Supervisors
(Designate official capacity in business
Attest: J. R. Olsson, County Clerk and affix corporation seal)
State of California )
ByQCounty of Contra Costa ) ss.
. J Deputy
ACKNOWLEDGEMENT (CC 1190.1)
The person signing above for Contractor
Reco=i.-nded by Department known to me in those individual and
business capacities, personally appeared
before me today and acknowledged that he/
By (` ,- e they signed it and that the corporation
Designee or partnership named above executed the
within instrument pursuant to its bylaws
or a resolution of its board of directors.
Form Approved: County Counsel
p Dated:
By, :,.- Deputy :�t 1(V�YJI
gyps- /Deputy County Clerk
0038f-'3 E!!ZABETH P. HUTCH!^,!S
Microfilmed vwtth F,.,n.Iq ordar DCr�i r' CO:,i; iTY CL"'K%
(A-4617 REV 6/76) Contra Costa County, California
Olontra Costa County Standard Form
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number 20 - 113 —
1. Payment Basis. County shall in no event pay to the Contractor a sum in
excess of the total amount specified in the Payment Limit of this Contract. Subject
to the Payment Limit, it is the intent of the parties hereto that the total payment
to the Contractor for all services provided for County under this Contract shall be
only for costs that are allowable costs (see Paragraph 3. below) and are actually
incurred in the performance of Contractor's obligations under this Contract.
2. Payment Amounts. Subject to later adjustments in total payments in
accordance with the below provisions for Cost Report and Settlement, Audits, and
Audit Exceptions, and subject to the Payment Limit of this Contract, County will
pay Contractor:
[ ] a. $ monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ ] c. An amount equal to Contractor's allowable costs that are actually
incurred each month, but subject to the "Budget of Estimated Program
Expenditures" included in the Service Plan.
[X] d. $ 1,000 upon execution of Contract, and thereafter an amount equal
to Contractor's allowable costs that are actually incurred each month, but
subject to the "Budget of Estimated Program Expenditures" included in the
Service Plan.
3. Allowable Costs. Contractor's allowable costs are only those which are
determined in accordance with:
[Check one alternative only.]
[X] a. General Services Administration Federal Management Circular FMC 74-4,
Attachment A (Principles For Determining Costs Applicable To Grants
and Contracts With State and Local Governments) and Attachment B
(Standards For Selected Items of Cost), and, subject to said Attachments
A and B, such other documents (if any) specified in the Service Plan
regarding:
(1) Principles for determining and allocating the allowable costs
of providing those services set forth in the Service Plan, and
(2) Standards for determining the allowability of selected items of
costs of providing those services set forth in the Service Plan,
or
[ ] b. Such State regulations and documents as are set forth in the Service
Plan regarding accounting guidelines, including standards for determining
allowable or non-allowable costs.
4. Payment Demands. Contractor shall submit written demands monthly or as specified
in 2. (Payment Amounts) above, for payment in accordance with Paragraph 2. (Payment
Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner
and form prescribed by County. Contractor shall submit said demands for payment for
services rendered no later than 90 days from the end of the month in which said services
are actually rendered. Upon approval of said payment demands by the head of the County
Department for which this Contract is made or his designee, County will make payments
as specified in Paragraph 2. (Payment Amounts) above.
00387
38
(A-4618 REV 6/76) -1- -- -
Contra Costa County Standard Form
PAYMENT PROVISIONS
(Cost Basis Contracts)
Number
S. Right to Withhold. County has the right to withhold payment to the Contractor
when, in the opinion of the County expressed in writing to the Contractor, (a) the
Contractor's performance, in whole or in part, either has not been carried out or is
insufficiently documented, (b) the Contractor has neglected, failed or refused to
furnish information or to cooperate with any inspection, review or audit of its
program, work or records, or (c) Contractor has failed to sufficiently itemize or
document its demand(s) for payment.
6. Cost Report and Settlement. No later than sixty (60) days following the
termination of this Contract, Contractor shall submit to County a cost report in the
form required by County, showing the allowable costs that have actually been incurred
by Contractor under this Contract. If said cost report shows that the allowable costs
that have actually been incurred by Contractor under this Contract exceed the payments
made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any
such excess amount to Contractor, but subject to the Payment Limit of this Contract.
If said cost report shows that the payments made by County pursuant to Paragraph 2.
(Payment Amounts) above exceed the allowable costs that have actually been incurred
by Contractor under this Contract, Contractor shall remit any such excess amount to
County.
7. Audits. The records of the Contractor may be audited by the County, State,
or United States government, in addition to any certified cost report or audit required
by the Service Plan. Any certified cost report or audit required by the Service Plan
shall be submitted to County by Contractor within such period of time as may be expressed
by applicable State or Federal regulations, policies or contracts, but in no event later
than 18 months from the termination date of this Contract. If such audit(s) show that
the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the
allowable costs that have actually been incurred by Contractor under this Contract,
including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement)
above, then Contractor agrees to pay to County within 30 days of demand by County any
such excess amount. If such audit(s) show that the allowable costs that have actually
been incurred by Contractor under this Contract exceed the payments made by County
pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pur-
suant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to
Contractor any such excess amount, but subject to the Payment Limit of this Contract.
8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits)
above, Contractor agrees to accept responsibility for receiving, replying to, and/or
complying with any audit exceptions by appropriate County, State or Federal audit
agencies occurring as a result of its performance of this Contract. Contractor also
agrees to pay to the County within 30 days of demand by County the full amount of the
County's liability, if any, to the State and/or Federal government resulting from any
audit exceptions, to the extent such are attributable to the Contractor's failure to
perform properly any of its obligations under this Contract.
(A-4618 FEV 6/76) —2—
SERVICE PLAN
Number 2 113 ,— 4
During the term of this Contract, Contractor will provide Home Visiting Service to
elderly homebound persons in Contra Costa County aimed at the following goals:
To motivate older homebound persons to self-help.
To allay anxiety and prevent emotional deterioration of older homebound persons.
To provide a friend for the elderly homebound, thereby reducing social, physical,
and emotional isolation.
1. Administration. The Contractor will employ a qualified, full-time project
director to administer the program and be responsible for program components, main-
taining records, and reporting requirements specified in this Service Plan.
2. Service Delivery. The Contractor will:
a. Organize an advisory body charged with the responsibility to advise
Contractor regarding its Home Visiting Service. This body will include older persons
and representatives of agencies concerned with services to older persons, and will
meet at least once every other month.
b. Recruit and train approximately 60 volunteers to visit homebound elderly
persons to provide services in the course of these visits, including, but not limited to,
reader, letter-writing, and limited personal shopping and library services, and to
identify the needs of the clients for other services required to assist them to continue
living independently in a home environment.
C. Communicate such unmet needs for service to the Senior Information Service
of the Office on Aging.
d. Accept referrals from and coordinate service delivery with the Area Office
on Aging and other County organizations concerned with services for older persons.
e. Provide approximately 2,000 visits to older persons confined in private
homes, in board and care homes, convalescent hospitals, etc. during the term of this
Contract.
3. Records and Reporting. The Contractor will compile records and report on
these records in the form and manner required by the Area Agency on Aging, as follows:
a. Monthly statistical and fiscal reports including data on volunteer visits,
referrals, and services provided the client, and provide final audit as required by
the Area Office on Aging.
b. Quarterly evaluations, and a final evaluation indicating Contractor's
progress in achieving the goals set forth in the first paragraph of the Service Plan.
D 00
Initials: f`vl
Contractor County Dept.
00389
BUDGET OF ESTIMATED PROGRAM EXPENDITURES
Numbe r2 O - 113 -
Federal Share Local Share
(County) (Contractor)
Personnel
Full-Time Coordinator $ 5,070
Part-Time Clerical CETA or AARP
Clerical (Antioch) $ 180
Clerical (Richmond) 180
Clerical (Walnut Creek) 300
Personnel Administration 420
Fringe Benefits 550
Volunteer Services $ 1,200
Travel
At 15 cents per mile 450
Building Space
Rent of Office Space 720
Parking - 2 Spaces 180
Communications and Utilities 300
Printing and Supplies 300
Other
Postage 260
Audit 50
Contract Bookkeeper 450
(Accounts & Payroll)
Insurance* 550
Use Allowance 750 .
Budgeting 250
Maintenance & Repair 200
Total Cost $ 9,300 $ 3,060
Less Income ( -0- )
Net Costs. $ 9,300 $ 3,060
CONTRACT PAYMENT LIMIT $ 9,300
* If contract identified by number above is terminated, expires, or is not renewed for
a new contract period, Contractor shall apply to its insurer for a pro rata refund
of unearned primiums and shall repay to County any refund obtained.
SPECIAL CONDITIONS
1. State of California Office on Aging "Manual of Policies and Procedures,"
February 1975, will prevail in setting fiscal guidelines, including standards for
allowable costs. As specified in the Payment Provisions, payment for services is
subject to the "Budget of Estimated Program Expenditures."
2. Contractor shall provide services under this Contract in accordance with the
Budgut of Estimated Program Expenditures. Specific line-item budget amounts inay vary,
and appropriate line-item budget categories may be added, but only with prior written
authorization from the Director of the County Office on Aging. All budget changes
are subject to the Contract Payment Limit. All Local Share expenditures are the
responsibility of Contractor unless otherwise specified.
3. Cost Report and Settlement, Paragraph 6. of the Payment Provisions, is
modified to require such final report within 45 days of Contract's ter.^ination, at
which time Contractor shall submit an audit pursuant to the services provided here-
under, according to specifications required by the County Office on Aging.
Initials: �'J, OU 9U
ontractor County Dept.
Contra Costa County Standard Form
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply with all Federal,
State and local laws and regulations applicable with respect to its performance hereunder,
including but not limited to, licensing, employment and purchasing practices; and wages,
hours and conditions of employment.
2. Inspection. Contractor's performance, place of business and records pertaining
to this Contract are subject to monitoring, inspection, review and audit by authorized
representatives of the County, the State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection by authorized
representatives of the County, the State of California, and the United States Government,
the Contractor's regular business records and such additional records pertaining to this
Contract as may be required by the County.
4. Retention of Records. The Contractor and County agree to retain all documents
pertaining to this Contract for three years from the date of submission of Contractor's
final payment demand or final Cost Report (whichever is later) under this Contract, and
until all Federal/State audits are complete and exceptions resolved for the funding
period covered by this Contract or for such further period as may be required by law.
Upon request, Contractor shall make these records available to authorized representatives
of the County, the State of California, and the United States Goyernment.
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at their
sole discretion, upon thirty-day advance written notice thereof to the other, or
cancelled immediately by written mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may
terminate this Contract should the Contractor fail to perform properly any of its
obligations hereunder. In the event of such termination, the County may proceed with
the work in any reasonable manner it chooses. The cost to the County of completing
Contractor's performance shall be deducted from any sum due the Contractor under this
Contract.
c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event
that Federal, State, or other non-County funding for this Contract ceases, this Contract
is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein, no other understandings,
oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of
operating procedures and budgets required by this Contract, including but not limited
to,monitoring, auditing, billing, or regulatory changes, may be developed and set
forth in a written Informal Agreement entered between the Contractor and the County.
Such Informal Agreements shall be designated as such and shall not be amendments to
this Contract except to the extent that they further detail or clarify that which is
already required hereunder. Such Informal Agreements may not enlarge in any manner
the scope of this Contract, including any sums of money to be paid the Contractor as
provided herein. Informal Agreements may be approved and signed by the head of the
County Department for which this Contract is made or his designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a
written document executed by the Contractor and the Contra Costa County Board of
Supervisors or, after Board approval, by its designee, subject to any required State
or Federal approval.
b. Administrative Amendments. Subject to the Payment Limit, the Payment
Provisions and the Service Plan may be amended by a written administrative amendment
executed by the. Contractor and the County Administrator or his designee, subject to
any required State or Federal approval, provided that such administrative amendments
may not materially change the Payment Provisions or the Service Plan.
01391
(A-4616 REV 6/76) -1-
Contra Costa County tandard ?Orr:_ f
GENERAL CONDITIONS
(Purchase of Services)
9. Disputes. Disagreements between the County and Contractor concerning the
meaning, requirements, or performance of this Contract shall be subject to final
determination in writing by the head of the County Department for which this Contract
is made or his designee or in accordance with the applicable procedures (if any)
required by the State or Federal Government.
10. Choice of Law and Personal. Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and
construed in accordance with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted
in the courts of Contra Costa County.
11. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon the subject of this Contract be adopted or revised during
the term hereof, this Contract shall be amended to assure conformance with such
Federal or State requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General
Conditions, inspections or approvals, or statements by any officer, agent or employee
of the County indicating the Contractor's performance or any part thereof complies
with the requirements df this Contract, or acceptance of the whole or any part of
said performance, or payments therefor, or any combination of these acts, shall not
relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall
the County be thereby estopped from bringing any action for damages or enforcement
arising from any failure to comply with any of the terms and conditions hereof.
13. Subcontract and Assignment. This Contract binds the heirs, successors,
assigns and representatives of Contractor. The Contractor shall not -enter into
subcontracts for any work contemplated under this Contract and shall not assign this
Contract or monies due or to become due, without the prior written consent of the
County Administrator or his designee, subject to any required State or Federal approval.
14. Independcnt Contractor Status. This Contract is by and between two independent
contractors and is not intended to and shall not be construed to create the relationship
of agent, sPrvart, employee, partnership, joint venture or association.
15. Conflicts of Interest. Contractor promises and attests that the Contractor
and any members of its governing body shall avoid any actual or potential conflicts of
interest. If Contractor is a corporation, Contractor agrees to furnish to the County
upon demand a valid copy of its most recently adopted bylaws and also a complete 37_
accurate list of its governing body (Board of Directors or Trustees) and to time-._1
update said bylaws or the list of its governing body as changes in such governance
occur.
16. Confidentiality. Contractor agrees to comply and to require its employees
to comply with all applicable State or Federal statutes or regulations respecting confi-
dentiality, including but not limited to, the identity of persons served under this
Contract, their records, or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by
Contractor or any public officer or agency in connection with the administration of or
relating to services provided under this Contract will be confidential, and will not be
open to examination for any purpose not directly connected with the administration of
such service.
b. No person will publish or disclose or permit or cause to be published or
disclosed, any list of persons receiving services, except as may be required in the
administration of such service. Contractor agrees to inform all employees, agents
and partners of the above provisions, and that any person knowingly and intentionally
disclosing such information other than as authorized by law may be guilty of a
misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services
under this Contract shall be available to all qualified persons regardless of age,
sex, race, religion, color, national origin, or ethnic background, and that none
shall be used, in whole or in part, for religious worship or instruction.
. J 0039"
(A-4616 REV 6/76) -2-
Contra Costa County Standard Form
GENERAL CONDITIONS
(Purchase of Services)
18. Indemnification. The Contractor shall defend, save harmless and indemnify the
County and its officers, agents and employees from all liabilities and claims for damages
for death, sickness or injury to persons or property, including without limitation, all
consequential damages, from any cause whatsoever arising from or connected with the
operations or the services of the Contractor hereunder, resulting from the conduct,
negligent or otherwise, of the Contractor, its agents or employees.
19. Insurance. During the entire term of this Contract and any extension or
modification thereof, the Contractor shall keep in effect insurance policies meeting
the following insurance requirements unless otherwise expressed in the Special
Conditions:
a. Liability Insurance. The Contractor shall provide a policy or policies
of comprehensive liability insurance, including coverage for owned and non—owned auto—
mobiles, naming the County and its officers and employees as additional insureds, with
a minimum combined single limit coverage of $500,000 for all damages because of bodily
injury, sickness or disease, or death to any person and damage to or destruction of
property, including the loss of use thereof, arising from each accident or occurrence.
b. Workers' Compensation. The Contractor shall provide the County with a
certificate of insurance evidencing workers' compensation insurance coverage for its
employees.
c. Additional Provisions. The policies shall include a provision for thirty
(30) days written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to the County,
the State and Federal Governments, their officers, agents, and employees, so that other
insurance policies held by them shall not be required to contribute to any loss covered
under the Contractor's insurance policy or policies. Not later than the effective date
of this Contract, the Contractor shall provide the County with a certificate(s) of
insurance evidencing the above liability insurance.
20. Notices. All notices provided for by this Contract shall be in writing and
may be delivered by deposit in the United States mail, postage prepaid. Notices to
the County shall be addressed to the head of the County Department for which this
Contract is made, c/o Contracts & Grants Unit, Human Resources Agency, 651 Pine Street,
Martinez, California 94553. Notices to the Contractor shall be addressed to the
Contractor's address designated herein. The effective date of notice shall be the
date of deposit in the mails or of other delivery.
21. Primacy of General Conditions. Except for Special Conditions which expressly
supersede General Conditions, the Special Conditions (if any) and Service Plan do not
limit any term of the General Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no representation,
implication, or understanding that the services provided by Contractor under this
Contract will be purchased by County under a new contract following expiration or
termination of this Contract, and waives all rights or claims to notice or hearing
respecting any failure to continue purchase of all or any such services from Contractor.
23. Possessory Interest. If this Contract results in the Contractor having
possession of, claim to or right to the possession of land or improvements, but does
not vest ownership of the land or improvements in the same person, or if this Contract
results in the placement of taxable improvements on tax exempt land (Revenue & Taxation
Code 4107) , such interest or improvements may represent a possessory interest subject
to property tax, and Contractor may be subject to the payment of property taxes levied
on such interest. Contractor agrees that this provision complies with the notice
requirements of Revenue & Taxation Code 4107.6, and waives all rights to further
notice or to damages under that or any comparable statute.
003,93
(A-4616 REV 2/78) —3—
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 , 19 78
In the Matter of
Approval of Finance Committee
Report on Street Lighting Policy.
The Board having this day considered the July 31, 1978
report of its Finance Committee (Supervisors E. H. Hasseltine and
N. C. Fander_) on the County' s street lighting policy, in which
report the Committee recommends that due to the uncertainty of
funds which will be available for lighting in Fiscal Year 1978-
1979 and the time required to develop necessary data, the Board
continue with the suspension of turning off street lights pending
further examination of this matter, said matter to remain with
the Finance Committee for study in conjunction with its review
of the budget; and
IT IS BY THE BOARD ORDERED that the recommendation of
the aforesaid committee is APPROVED.
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
cc• Board Committee Witness my hand and the Seal of the Board of
. Public :-forks Director Supervisors
County Counsel affixed this 1st day of Au4i- 19-Z�L
County Administrator
OLSSON, Clerk
Deputy Clerk
Plaxine N. .zeufel.d
00394
H-24 4/77 15m
The Board of Supervisors Contra James County R.Clerk Clerk and
Costa Ex Othcio Cler.4 of the Board
County Administration Building Mrs.Geraldine Russell
P.O. Box 911 Chief Clerk
Martinez,California 94553 County (au)372.2371
.Mmes P.Kenny-Richmond
ist District
t .
Nancy C.fanden-Martinez
2nd District
Robert t.Schroder-Lafayette ti AR E
CEI�rED '
3rd District
WOMW N.Boggess-Concord n u / I r
4th District H
Eric N.NNW" -Pittsburg
5th District R OLSSON
July 31, 1978 CLE BO of supe i 5ORS
B ..
O^ cosy
REPORT
OF
FINANCE COMMITTEE
ON
STREET LIGHTING POLICY
On June 16, 1978 the Board adopted a policy that due to the
property tax limitations imposed by adoption of Proposition 13,
all street lights in the unincorporated area be turned off except
intersection and safety lighting.
A review of application of the policy and the estimated
availability of financial resources, reveals that in some service
areas funds are available to maintain all lights for the entire
fiscal year whereas in others there may be insufficient funds to
provide for intersection and safety lighting.
In view of this situation, the following alternatives were
considered:
1. Leave all lights on until available funds are
expended and then turn them all off.
2. Phase the lighting plan to leave intersection
and safety lighting on for the entire year and
all other lights as long as funds permit.
3. Leave only intersection and safety lighting on
as long as funds remain available.
The Public Works Department has been directed to calculate the
estimated amount which will be required for each district under the
above plans to determine which alternative is financially feasible.
Also, staff has been directed to develop a proposed policy for
allocation of available funds for lighting on those service areas
performing services in addition to lighting.
0039
• -2-
Recommendation
Due to the uncertainty of funds which will .be available for
lighting in fiscal year 1978-1979 and the time required to develop
the above data, it is recommended that the Board continue with the
suspension of turning off of street lights pending further exam-
ination of this matter. Furthermore, it is suggested that this
referral remain with the Finance Committee for study in conjunction
with its review of the budget.
f
/may A4 ,' 1
E. H. HASSELTINE N. C. F EN`
Supervisor, District V Supery 'or, District II
00395
t t
r
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 , 19
-78
In the Matter of
Approval of Finance Committee
Report re Lease Extension for
Discovery Motivational House.
The Board on July 25 having referred to its Finance
Committee (Supervisors E. H. Hasseltine and H. C. Fander_) the
proposal to exercise an option to extend a lease with H. P.
Batchelor and Lucy Batchelor for premises at 4639 Pacheco
Boulevard, Martinez for continued occupancy by Medical Services
as a Discovery riotivational House; and
The Committee having this day submitted its report and
recommended that the option to extend the lease for the afore-
said property be authorized and, also, in view of the continuing
need for use of this facility in the County Mental Health Program,
that an appropriation of $30,000 be included in the 1978-1979
budget to exercise an option by September 30 to purchase this
facility at a total cost of $80,840.
1^ iS By :E 31310ARD ORDERED that the aforesaid recom-
mendations of the Finance Committee is APPROVED.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
cc: Public works Director Witness my hand and the Seal of the Board of
County Counsel Supervisors
County Administrator affixed this lst day of 4„gi,,;+ 19 7.R
Director, Human Resources
Agency
County Auditor-Controller A
,� f J. R. OLSSON, Clerk
/ c Deputy Clerk
Ma ine M. L euf a 'd
00391
H-24 4/77 15m
The BCounty Clerk oard of Supervisors Contra James Clerk and
Costa Ex Officio Clerk of the Board
County Administration Building Mrs.Geraldine Russell
P.O. Box 911 Chief Clerk
Martinez,California 94553 County 1415?372-2371
James P.Kenny-Richmond
1st District
Nancy C.Fanden-Martinez
2nd District
Robert I.Schroder-Lafayette
3rd District
Warren N.Boggess-Concord
4th District
Eric H.Hasseltine-Pittsburg August 1, 1978
5th District
REPORT
OF
FINANCE COMMITTEE
ON
LEASE EXTENSION
On July 25, 1978 the Board of Supervisors referred the proposal
to exercise an option to extend a lease with H. P. Batchelor for
premises at 4639 Pacheco Boulevard, Martinez used by the County as
a Discovery House.
These premises have proven to be quite satisfactory to County
Medical Services. The rental cost (approximately 23 cents per
square foot) is considered reasonable. It is recommended that the
option to extend the lease for this property be authorized.
Also, in view of the continuing need for use of this facility
in the County Mental Health Program, it is recommended that an
appropriation of $30, 000 be included in the 1978-1979 budget to
exercise an option by September 30, 1978 to purchase this facility
at a total cost of $80,840.
4`-
E. H. HASSELTINE N. C. FAH EN
Supervisor, District V Super isor, District II
0039
Microfilmed with board ordw
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 19 78
In the Matter of
Authorizing Execution of a Lease
to Carquinez Coalition, Inc. for
the premises at 189-199 Parker
Ave., Rodeo
IT IS BY THE BOARD ORDERED that the Chairman of the Board of
Supervisors is AUTHORIZED to execute on behalf of the County a lease commencing
May 1 , 1977 to Carquinez Coalition, Inc. for the premises at 189-199 Parker
Avenue, Rodeo, for occupancy by the Carquinez Coalition, Inc.
PASSED by this Board on August 1 , 1978
1 hereby certify that the foregoing is a true and correct copy of an order entee on the
minutes of said Board of Supervisors on the date aforesaid.
Witneu my hand and the Seal of the Board of
Originator: Public Works Department, Supervisors
Lease Management affixed this 1st day of August 19 78
cc: County Administrator
Public Works Department � J. R. OLSSON, Cleric
County Auditor-Controller (via L/M)
Lessee (via L/M) fiYn - F Deputy Clark
Buildings and Grounds (via L/M)
H-24 4/77 15m 00399
L
J
•r/
LEASE
189-199 Parker Avenue, Rodeo, California
Carquinez Coalition
1 . PARTIES: Effective on August 1, 1978 the COUNTY OF CONTRA
COSTA, a political subdivision of the State of California, hereinafter called
"COUNTY", and the Carquinez Coalition, Incorporated, hereinafter called "LESSEE",
do mutually agree and promise as follows:
2. LEASE OF PREMISES: COUNTY, for and in consideration of the rents, hereby
leases to LESSEE, and LESSEE accepts and takes those certain premises consist-
ing of Lots 8, 9, 10 and 11 in Block "W' as shown on the map of the Town of
Rodeo on file in the office of the County Recorder, County of Contra Costa, on
February 5, 1892, in Volume D of Maps, at page 91, together with improvements
thereon. The premises are commonly known and designated as 189-199 Parker Ave-
nue, Rodeo, California.
3. TERM: The term of the lease shall be five (5) years commencing May 1 , 1977
and ending April 30, 1982.
4. RENTAL: LESSEE will pay to COUNTY a rental of $1 .00 per year, all payable in
advance at the time of execution of this agreement.
5. HOLDING OVER: Any holding over after the term of this lease, as provided
hereinabove, shall be construed to be a tenancy from month-to-month subject to
the terms of this lease so far as applicable.
6. USE OF PREMISES: The demised premises shall be used during the term of this
lease exclusively for activities provided for in the Housing and Community Develop-
ment Act of 1974.
7. MAINTENANCE AND REPAIRS:
A. LESSEE, at its sole cost and expense, shall keep and maintain the prem-
ises and every part thereof in good order, condition and repair, including,
but not limited to, the roof and exterior walls, parking lot, exterior
lighting system, glass and glazing, doors and their fixtures, closers and
hinges, locks and key system and all electrical , lighting, water, plumbing,
sewer, heating, ventilating and air condition systems.
B. LESSEE shall be responsible for the correction of any code violations.
C. Failure to comply with this Paragraph 7 will be a default of this lease.
- 1 - 00400
Mlcpofilmed with board order
r
8. UTILITIES AND JANITORIAL: LESSEE shall pay for all gas, electric, water, sewer
and refuse collection services provided to the demised premises and shall provide
its own janitorial service.
9. ALTERATIONS, FIXTURES AND SIGNS: Subject to the prior written approval of
COUNTY, LESSEE may alter, remodel and install and attach fixtures and equipment to
the leased premises, all at its own expense.
10. HOLD HARMLESS: It is understood and agreed that COUNTY shall not in any way be
responsible for damages to persons or property in or upon said premises and shall
not be held liable for any liability, claim or suit for damages to the person or
property of anyone whomsoever while in or upon said premises during said term.
LESSEE hereby agrees to defend, indemnify and hold COUNTY harmless from any liabi-
lity or charges of any kind or character by reason of such injury or damage claim
or suit for liability arising therefrom, in, around or upon said premises.
COUNTY agrees to defend, indemnify and hold LESSEE harmless from any liability,
claim or suit arising out of any injury or damages to the person or property of
anyone whomsoever arising while said person is invited or brought into the demised
premises by COUNTY.
11 . INSURANCE: LESSEE shall procure and maintain at its own cost and expense at all
times during the term of this lease, owner's, landlord's and tenants's public liabi-
lity insurance covering and insuring all parties hereto (naming the COUNTY, its
officers, agents and employees as co-insured) against any accidents or injuries to
persons or property arising or occurring upon the premises demised herein, in a
minimum combined single limit of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00).
Evidence of such insurance shall be provided by LESSEE by filing with COUNTY, by the
effective date of this lease, a duly executed certificate to the effect that the
insurance required by this lease is extended in favor and consistent with the terms
hereinabove set forth. Said policy or policies or certificates shall contain a pro-
vision that written notice of cancellation or any material change shall be delivered
to COUNTY thirty (30) days in advance of the effective date thereof.
12. WASTE, QUIET CONDUCT: LESSEE shall not commit, or suffer to be committed, any
waste upon said premises, or any nuisance or other act or thing which may disturb
the quiet enjoyment of the use of the surrounding property.
13. ASSIGNMENT OR SUBLEASE: LESSEE shall not sublease or assign any portions of
the leased premises without the COUNTY's prior written consent. Failure to comply
with this paragraph will be a default of this lease.
- 2 - 00401
14. DESTRUCTION OF PREMISES: If the premises or any essential part thereof is
destroyed by fire, Act of God, or other casualty, this lease shall , in the case
of substantial destruction of the premises, immediately terminate and in a case
of partial destruction or damage which prevents the occupancy of the premises by
the LESSEE, terminate at the option of the COUNTY or LESSEE, upon one party giv-
ing written notice to the other. In the event of any destruction whatsoever,
COUNTY has no duty to repair or restore the premises for use by the LESSEE during
the remaining term of this lease.
15. ABANDONMENT: LESSEE shall not vacate or abandon the premises at any time
during the term, and if LESSEE shall abandon, vacate or surrender said premises,
this lease may be terminated at the option of COUNTY, and any personal property
belonging to LESSEE and left on the premises may be deemed to be abandoned.
lb. DEFAULT: If LESSEE defaults in performing any of the promises or conditions
herein, COUNTY may, at its option, immediately cancel this lease, terminate all
LESSEE's rights hereunder and re-enter the premises and exclude all other persons
therefrom. No waiver of default on any of the terms, covenants or conditions in
this lease shall be a waiver of any subsequent default of the same or any other
terms, covenants or conditions herein contained.
17. TAXES: LESSEE shall , within thirty (30) days of being requested to do so,
reimburse COUNTY for all taxes or assessments which may be levied or assessed
upon the premises or any interest or property in the ownership of the LESSEE.
18. POSSESSORY INTEREST TAX: It is understood that LESSEE's interest herein
may be subject to a possessory interest tax, and that such tax payment shall not
reduce any rent due the COUNTY hereunder and such tax shall be a liability of
and be paid by the LESSEE.
19. INSURANCE: COUNTY shall , during the term of this lease or extension thereof,
maintain fire, vandalism, malicious mischief and extended coverage insurance. Said
property insurance shall be factored annually by COUNTY's Broker to maintain
adequate coverage in accordance with the insurable value of the premises. LESSEE
shall pay to COUNTY the cost of said insurance within thirty (30) days of being
requested to do so. 0
20. QUIET ENJOYMENT: COUNTY covenants that LESSEE shall , at all times during
the said term, peaceably and quietly have, hold and enjoy the demised premises
without suit, trouble or hindrance from or on account of COUNTY as long as LESSEE
fully performs hereunder.
- 3 -
00402
21 . SURRENDER OF PREMISES: On the last day of the said term, or sooner termi-
nation of this lease, LESSEE will peaceably and quietly, leave and surrender to
COUNTY these premises with their appurtenances and fixtures (except signs and
fixtures referred to hereinabove) in good order, condition and repair, reasonable
use and wear thereof and damage by earthquake, fire, public calamity, by the
elements, by Act of God, or by circumstances over which LESSEE has no control
excepted.
22. INSPECTION: The COUNTY reserves the right to enter the premises between
the hours of 9:00 a.m. and 4:30 p.m. , Monday through Friday, or at any time in
an emergency, and to employ the proper representative or contractor in order to
see that the property is being reasonably cared for, that no waste is being
made, and that all things are done in the manner best calculated for the preser-
vation of the property, and in full compliance with the terms and conditions of
this lease. LESSEE shall arrange for an annual inspection by the COUNTY to
assess the maintenance requirements of the premises.
23. SUCCESSORS AND ASSIGNS: The terms and provisions of this lease shall extend
to and be binding upon and inure to the benefit of the heirs, successors, and
assigns of the respective parties hereto.
24. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this
lease.
COUNTY LESSEE
COUNTY OF CONTRA COST ,
political subd' the CARQUINEZ COALITION, INC.
State of Cal ' _
R. I. Schroder gy �.
By
Chap an, Board of Supervisors
ATTEST: J. R. OLSSON, Clerk
By q>a,1 \
Deputy
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
JOHN B. CLAUSEN, County Counsel
By_
County AdfdiWtr or
By 9
J� I Deputy
By
Deputy Public Worke Director
Buildings and Grounds
By—
Lease Management
- 4 - ��403
In the Board of Super/isors
of
Contra Costa County, State of California
August 1 , 19 78
In the Matter of
Approval of Finance Committee
Report on Travel Policy.
The Finance Committee (Supervisors E. H. Hasseltine
and N. C. Fanden) having this day presented a report on policy
for travel by County employees both within the State and out
of State, a copy of which is attached hereto and by reference
incorporated herein; and
A letter having been submitted by Pairs. Sunne McPeak
uring that approval of travel requests which are not clearly
critical or essential to the functioning of the County be dis-
continued; and
IT IS BY THE BOARD ORDERED that the aforesaid report
of the Finance Committee is APPROVED.
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
cc' Board Committee Witness my hand and the Seal of the Board of
County Administrator Supervisors
affixed thislst day of August 19 78
n J. R. OLSSON, Clerk
Deputy Cleric
Maxine M. i,;eufel
00404
H-24 4/77 15m
1 -
.i ' James R.Olsson
Yhe , oard of Supervisors Contra County Clerk and
Costa Ex
Officio Clerk of the Board
County Administration Building
Mrs.Geraldine Russell
P.O. SOX 911 i Chet Clerk
Martinez,California 94553 County (415)372-2371
James P.Kenny-Richmond
x-
Ist District
Nancy C.Fshden-Mar•,inez
2nd District
1. RECEIVED
Robert 1.Schroder-Lafayette
3rd District
Warren N.Boggess-Concord
4th District AUG 978
Eric H.Haseel ine-Pittsburg August 1, 1978
5th District
J. R. OLSSON
CLER A. F 'Up"" (�
CO5TA
8
..... ............
REPORT
OF
FINANCE COMMITTEE
ON
POLICY FOR TRAVEL BY COUNTY EMPLOYEES
The policy of the Board of Supervisors is that travel by
county employees on county business be restricted to only those
occasions where clear county interest can be shown and/or this
county' s presence is essential in major policy areas such as the
implementation of Proposition 13. Travel requests will be
processed as follows:
1. Travel Within the State - The County Administrator
will continue to review and approve or deny travel
within the state in accordance with the policies
of this Board. Priority will be given for travel
to meetings of official agencies of the State of
California, County Supervisors Association of
California, and other meetings where county
interest can be clearly shown. Travel for con-
ferences of professional societies and organi-
zations will not be allowed unless a compelling
county interest can be determined.
2. Out-of-State Travel - Travel requests will be
initially screened by the County Administrator
for out-of-state travel in accordance with the
same criteria set forth above, including the
prohibition on travel to non-ERA states. Those
deemed appropriate will be submitted to the Board
of Supervisors for consideration.
L14—
E. H. HASSELTINE N. C. FAHDt•.
Supervisor, District V Supervisor, District II
00405
Microfilmed witf, board order
r
In the Board of Superyisors
of
Contra Costa County, State of California
August 1 , 1973
In the Matter of
Referral of I—E;W Head Start
Audit Report
The Board having received a July 19, 1978 letter from
the Regional Audit Director, HEJ Audit Agency, Department of
Health, Education and Welfare, transmitting a copy of audit
report (Audit Control No. 85142-09) on HEW Head Start Grant
No. H-0375-L for the year ended December 31, 1977, and advising
that response to audit findings and recommendations should be
submitted within 30 days;
IT IS BY THE BOARD ORDERED that the aforesaid letter
is REFERRED to the County Administrator, the County Auditor-
Controller and the Community Services Administration.
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
cc: County :administrator Witness my hand and the Seal of the Board of
Count; Auditor-Controller Supervisors
Community Services affixed this lst day of Aum- ist 1978
Administration i
Director, Human Resources
Agency J. R. OLSSON, Clerk
Deputy Clerk
Maxine 14. -'edf,4d
H-24 4/77 15m 00406
DEPARTMENT OF HEALTH. EDUCATION. AND WELFARE
REGION IX
SO UNITED NATIONS PLAZA
SAN FRANCISCO.CALIFORNIA 94102
AUDIT AGENCY
Audit Control No. 85142-09
.ItTLy 3.9, 1978
Contra Costa County
Board of Supervisors
651 Pine Street ad
Martinez, California 94553
J.
Dear County Supervisors: c:= '' °
: ��su. CO.
WY
f ...aeouev
Enclosed for your information is a copy of tho audit report
on. U. S. Department of Health, Education, and Welfare'.,(HE-T)
Head Start Grant No. H-0375-L for the year ended December 31,
1977. The report was prepared by Gilbert Vasquez &
Company, CPAs.
Your attention is invited to the two audit findings and
recommendations presented on pages 15 and 16 of the report.
Final determination as to action to be taken on all matters
reported will be made by:
Regional Administrator for
"Human Development Services
U. S. Department of Health,
Education, and Welfare
50 United Nations Plaza
San Francisco, California 94102
K thin 30 days from the date of this letter, please send 'nim
your response on each of the findings and recommendations
referenced above. You should include any coritments or
additional information which you believe may have a bearing
on- his final determination. If your response is not submitted
within the 30 day period, it is the policy of the Regional
Administrator for Human Development Services to make his
determination based upon the facts contained in the audit
report. However, you may submit a request to him for
additional time to' respond.
z
` � ^moi Nn`�•
Microfilmed with
Olt pr,
r
In accordance with the principles of the Freedom of Information
Act (Public Law 90-23) , HEW Audit Agency reports issued to
the Department' s grantees and contractors are made available,
if requested, to members of -the press and general public to
the extent information contained therein is not subject to
exemptions in the Act, which the Department chooses to
exercise. (See Section 5. 71 of the Department's Public
Information Regulation, dated August 1974, as revised.)
To facilitate identification, please refer to the above audit
control number in all correspondence relating to this report.
Sincerely yours,
eg ol Audit Director
HEW Audit Agency
f
Enclosure !
cc(without enclosure) : i
Gilbert Vasquez & Company
Certified Public Accountants
675 North First Street, Suite 611
San Jose, California 95112
00408
CSI LBERT VASQU EZ COMPANY
CERTIFIED PUBLIC ACCOUNTANTS
675 NORTH FIRST STREET,SusTE 611
SAN JOSE.CALIFORNIA 951%2
(408) 287-3800
April 27, 1978
Regional Audit Director
Department of Health, Education
and Welfare
50 United Nations Plaza, Room 174
San Francisco, CA 94102
Dear Sir:
In accordance with the revised HEW Audit Guide
Head Start dated January, 1977, we are enclosing eight
copies of the audit report on the Head Start Grant of
Contra Costa County, Grant No. H 0375 L, we audited for
the fiscal year ended December 31, 1977.
Please feel free to call should you have any
questions.
Sincerely,
GILBERT VASQUEZ & COMPANY
Richard R. Reyes, Partner
Enclosures
RKR:acs
i.
00409
C
In the Board of Supervisors
of
Contra Costa County, State of California
A„g ,
In the Matter of
Hearing on the Request of
Mr. William J. Elizondo
(2213-RZ) to Rezone Land
in the Oakley Area.
The Board on June 27, 1978 having fixed this time for
hearing on the recommendation of the County Planning Commission with
respect to the request of Mr. William J. Elizondo, applicant and
owner, (2213-RZ) to rezone land in the Oakley area from General
Agricultural District (A-2) to Single Family Residential District-40
(R-40) ; and
No one having appeared in opposition; and
Mr. A. A. Dehaesus, Director of Planning, having advised
that a Negative Declaration of Environmental Significance was filed
for this proposal; and
The Board having considered the matter, IT IS ORDERED
that the request of Mr. William Elizondo is APPROVED as recommended
by the County Planning Commission.
IT IS FURTHER ORDERED that Ordinance Numbek 78-57 giving
effect to the aforesaid rezoning is INTRODUCED, reading waived and
August 8, 1978 is set for adoption of same.
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said 3oord of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
CC: Mr. W. Elizondo Supervisors
Director of Planning affixed this lst day of August 19 78
County Assessor
LSSON, Clerk
By Deputy Clerk
4- nda Amdahl
pp4-10
H-24 4/77 15m
-r"
In the Board of Supervisors
of
Contra Costa County, State of California
August 1,
1978
In the Matter of
Releasing Deposit for
Subdivision MS 114-75,
Walnut Creek Area.
On February 15, 1977 this Board RESOLVED that the improvements
in the above-named Subdivision were completed for the purpose
of establishing a beginning date for filing liens in case of action
under the Subdivision Agreement; and now on the recommendation of
the Public Works Director:
The Board finds that the improvements have satisfactorily met
the guaranteed performance Standards for one year after completion
and acceptance; and
Pursuant to Ordinance Code Section 94-4 .406 and the Subdivision
Agreement, it is by the Board ORDERED that the Public Works Director
is authorized to refund to Barnabas J. Zsigmond the $600.00 cash
deposit as surety under the Subdivision Agreement as evidenced by
the Deposit Detail Number 140236 dated October 6, 1976.
PASSED by the Board on August 1, 1978.
I hereb; certify that the foregoing is a true and correct copy of an order entered on the
minutes of said toard of Supervisors on the date aforesaid.
Originating Department: PWD (LD) Witness my hand and the Seal of the Board of
Supervisors
cc : Public 1-.orks Director (LD) aMxed this ist day of Aljmlc- 1978
Public Works (Construction
attn: Natalie) , J. R. OLSSON, Clerk
Barnabas J. Zsigmond �,/
Route 7, Bok 892 Syt. ✓els- }u -c Deputy Clerk
Asheville, 11. C. 28803 Iii. ,IANHUCCHI
00411
H-24 4/77 15m
In tshe Board of Supervisors
r
or
Contra Costa County, State of California
August 1, , 19 78
In the Matter of
Releasing Deposit for
Subdivision MS 185-723
Danville Area.
On July 5, 1977 this Board RESOLVED that the improvements in
the above-named Subdivision were completed for the purpose of
establishing a beginning date for filing liens in case of action
under the Subdivision Agreement; and now on the recommendation of
the Public Works Director:
The Board finds that the improvements have satisfactorily met
the guaranteed performance standards for one year after completion
and acceptance; and
Pursuant to Ordinance Code Section 94-4 .406 and the Subdivision
Agreement, it is by the Board ORDERED that the Public Works Director
is authorized to refund to Commons Properties, Inc. the $500 .00
cash deposit as surety under the Subdivision Agreement as evidenced
by the Deposit Permit Detail Number 109473 dated July 9, 1973 =
PASSED by the Board on August 1, 1978.
1 hereby certify that the foregoing is a true and correct copy of on order entered on the
minutes of said Board of supervisors on the date aforesaid.
Originating Department : PWD (LD) Witness my hand and the Seal of the Board of
Supervisors
cc : Public Works Director —LD affixed this lst day of August . 19 78
Commons Properties, Inc .
401 S. Hartz Ave.
Danville, CA 94526 J. R. OLSSOiV, Clerk
By `f/� /./ vn-nuc, Deputy Cleric
M. VANNUCCHI
H-24 4/77 15m 00412
f
In the Board of Supervisors
of
Contra Costa County, State of California
Auat,n r 1 , 19 fig.
In the Matter of
Hearing on the recommendation of
the County Planning Commission to
Rezone Land (2238-RZ) in the
Franklin Canyon Area.
Mr. T. Cusick and Estate of C. B.
FernandPza Owners ,
The Board on July 11, 1978 having rescheduled to this
time the hearing on the recommendation of the County Planning
Commission (2238-RZ) to rezone land in the Franklin Canyon area
from Heavy Industrial District (H-I) to General Agricultural
District (A-2) ; and
No one having appeared in opposition; and
Mr. A. A. Dehaesus, Director of Planning, having
advised that a Negative Declaration of Environmental Significance
was filed for this proposal; and
The Board having considered the matter, IT IS ORDERED
that the recommendation of the County Planning Commission is
APPROVED.
IT IS FURTHER ORDERED that Ordinance Number 78-56 -
giving effect to the aforesaid rezoning is INTRODUCED, reading
waived and August 8, 1978 is set for adoption of same.
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
CC: Mr. T. Cusick . Witness my hand and the Seal of the Board of-
Estate of C. Fernandez Supervisors
Director of Planning affixed this 1st day of A„glint- 19 7,q
County Assessor �--
(� R rDeputy
SSON, Clerk
gy Clerk
Ronda Amdahl
00413
H-24 4/77 15m
In the Board of Supervism
of
Contra Costo County, State of California
August 1, , 1978
In Ow #A~ of
Authorizing Acceptance of
Instruments for
Recording Only.
It is by the Board ORDERED that the following Offers of Dedication
are ACCEPTED FOR RECORDING ONLY:
INSTRUMENT DATE GRANTOR REFERENCE
Offer of Dedication San Ramon Valley Love Lane
for Roadway Purposes 9/9/77 Unified School Road
District Acceptance
PASSED by the Board on August 1, 1978.
y
Y
O
3
U_
3
a
a�
a
0
a�
r-
hereby certify that the foregoing Is a true and correct copy of on order erwo- on the
minutes of said Board of Supervisors on the dote aforesaid.
Originating Department : PWD (LD) Whness my hand and the Seal of the Bowd of
Supervisor
cc : Recorder (via P.W. ) affixed 1st day of August , 1978
Public Works Director
Director of Planning
G J. R. OLSSON, Clerk
v
Deputy Clerk
Patricia A. Beir
00414
H-24 4/77 15m
1 j
In the Board of Supervisors
of
Contra •Costa County, State of California
August 1 19 78
In the Matter of
Acceptance of Grant Deed from
Western Title Insurance Company on
Behalf of County Service Area R-8
for Park and Open Space Purposes.
(Walnut Creek Area)
On the recommendation of the Public Works Director and at the
request of the City of Walnut Creek and the Citizens Advisory Committee for
County Service Area R-8, the Grant Deed, dated April 17, 1978, from Western
Title Insurance Company for park and open space purposes containing 143 acres,
is hereby accepted.
PASSED BY THE BOARD on August 1 , 1978.
x
L
O
2
1]
c
a
v
0
J
m
Q
O
F-
s
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Originating Department: Witness my hand and the Seal of the Board of
Public Works (S.A.C.) Supervisors
affixed this 1 s t day of A„gt jr r 1928—
cc:
9 8cc: County Administrator
County Counsel J. R. OLSSON, Clerk
County Auditor-Controller
Clerk Recorder B V Deputy Clerk
via W
City ofWalnut Creek Patricia A. Ee!I
via P.W.
00415
H-24 4/77 15m
In the Board of Supervisors
of
Contra Costa County, State of Califomia
August
In the Matter of
Authorizing Acceptance
of Instruments
It is by the Board ORDERED that the following Instruments
are ACCEPTED:
INSTRUMENT DATE GRANTOR REFERENCE
Development Rights The Housing Group
M Grant Deed 7/17/78 a Corporation SUB. 4904
bO PASSED by the Board on August 1, 1978.
rn
Y
i
O
a
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)
:7
L
3
I hereby certify that the fon4p*q is a true and correct eepp of as air e ! ed an the
minutes of said board of Supervisors an the date aforesaid.
Originating Department : PWD (LD)� Witness my hand asid Nie SsW of the board of
cc: Recorder (via P.W. ) aCi d this 1st day
Public Works Director
Director of Planning J. R. GLOM, Ckrk
By Deputy Clerk
Patricia A. Bell
H-24 4/77 15m 4U416
In the Board of Supervisors
of
Contra ,Costa County, State. of California
August 1 19 —7
In the Matter of
Agreement with California Highway
Patrol with Respect to School
Crossing Guard Service.
The Board having considered an agreement with the California
Highway Patrol providing for adult crossing guArd service for the
period of July 1 , 1978 through June 30, 1979 at the eight locations
listed below:
1 . Las Juntas School - Pacheco Boulevard at Camino Del Sol ,
Martinez;
2. Gehringer School - State Highway 4 at Douglas Road ,
Oakley;
3 . Kensington School - Arlington Avenue .at Rincon Road ,
Kensington ;
4. Olinda School - San Pablo Dam Road at Castro Ranch
Road, El Sobrante;
5. Vista Grande School - Diablo Road at Arroyo Drive,
Danville;
6. Vista Grande School - Camino Tassajara at Vista Grande
Street , Danville;
7. Pacheco School - Center Avenue at Deodar Drive,
• Pacheco;
8. St. Isidore School - Danville Boulevard at La Gonda Way,
Danville;
On the recommendation of the Public Works Director , IT IS
BY THE BOARD ORDERED that the aforesaid agreement is APPROVED and
Supervisor Robert 1 . Schroder, Chairman, is AUTHORIZED . to execute
same on behalf of the County.
PASSED by the Board on August 1 , 1978 .
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
Originator: Public Works Department Supervisors a
Traffic Operations Divison crffi'xed thikl day of Z,1 S,t 19_7
cc: Public Works Director J. R. OLSSON, Clerk
California Highway Patrol
County Auditor-Controller ZZ, Deputy Clerk
B L , t�(i 6
� -1
County Administrator Patric-La A Bell
H-24 4/77 15m
SCHOOL CROSSING GUARD AGREEMENT
THIS AGREaENT, made and entered into July 1, 1978,
by and be meen the Department of California Highway Patrol, State
of California, hereinafter called "State" and the County of
Contra Costa hereinafter called "County. "
WITNESSETH:
WHEREAS. the Board off Supervisors of the County of
is desirous of providing adequate
protection for school pupils who are required to cross heavily
traveled streets, highways, and roadways in said County; and
WHEREAS, such protection could be afforded such school
pupils by placing crossing guards at various locations in said
County; and
VTO-REAS, the State is willing and desirous of providing
such crossing guards;
NOW. TIMEFORE, the parties do hereby agree as follows:
1. The State shall provide the services of crossing
guards and relief guards as necessary at each of the locations
shown on School Crossing Guard Location List attached hereto and
by this reference made a part hereof, during the hours when pupils
are walking to and from nearby schools on school days during the
school year ending not later than June 30, 1979. Salaries and wages
shall be at rates usual for such services, as the State may determine.
00418
2. As consideration for the satisfactory performance of
the foregoing services, County agrees to reimburse State for
salaries and wages, for the State's share of retirement contributions
for such guards, applicable administration costs or che State
Employee: Retirement System, health and welfare benefits. OASDI
contributions, and in addition shall pay an amount equal to 23.29
per cent- of such reimbursable salaries and wages for general
administrative expenses.
3. Not later than thirty days after the close of each
month, State shall bill County for all sins due for that month and
County shall promptly pay the same.
4. From time to time during the term hereof, Cc,,:--ty may
by resolution of its - Board of Supervisors and delivery of certified
copy thereof to State, delete from said Location List one or more
of said locations, whereupon State shall promptly remove such guard
and the obligation of County to pay therefor shall cease thereafter;
and in the same manner, County may add one or more locations to
said list, whereupon the services there provided shall thereafter
be subject to this agreement.
5. The term of this agreement shall be from July 1, 1978,
through June 30, 1979, except that it may be cancelled by either
party upon thirty days prior written notice.
-2- OOAIQ
6. Notices and communications hereunder shall be given-
by each party to the other at their respective addresses as follows ;
Dept, of California Highway Patrol County of Contra Costa
Accounting Section
P. 0. Box 898 651 Pine Street
Sacramento, CA 95804 Martinez , CA '94553
7. County shall indemnify and save harmless State, its
officers and employees, from all liability for damages caused by a
negligent or wrongful act or omission occurring in the performance of
their agreement.
DEPT. OF CALIFORNIA HIGWAY PATROL COUNTY 0, A COSTA
By By _i,f.Sc1hroder
Fiscal Officer Title Chairman, Board of
Supervisors
ATTEST
Clerk `
t
Pairilcla A. Bell, Dc' ,wyClerk
Date r O
00420
EXHIBIT "A"
SCHOOL LOCATION
Las Juntas Pacheco Blvd . @ Camino Del Sol ,
Martinez
Gehringer State Hwy . 4 @ Douglas Road ,
Oakley
Kensington Arlington Ave. @ R.incon- Road ,
Kensington
Olinda School San Pablo Dam Road @ Castro
Ranch Road , El Sobrante
Vista Grande School A. Diablo Road @ Arroyo Drive ,
(2 guards) Danville
B. Camino Tassajara@ Vista
Grande Street , Danville
Pacheco School Center- Avenue @ Deodar Drive ,'
Pacheco
St. Isidore School Danville Blvd . @ La Gon.da Way,
Danville (Authorized by Board
of Supervisors on 1 - 11 -77)
00421
3 �
In the Board of Supervisors
of
Contra Costa County, State of California
AS EX OFFfCIO THE BOARD OF SUPERVISORS OF THE CONTRA
COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
August 1 , 1918
In the Matter of
Authorizing Purchase of Pine- Creek
Detention Basin Right of Way
Flood Control Zone 3B
Walnut Creek Area
Work Order 8685-7520
It is by the Board ordered, as ex officio the Board of Supervisors
of the Contra Costa County Flood Control and Water Conservation District, that
the Public Works Director is authorized to proceed with the acquisition of the
47-acre Pine Creek Detention Basin site.
PASSED by the Board on August 1 , 1978.
1 hereby certify that the foregoing is a true and correct copy of.an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Originator: Public Works Department Witness my hand and the Seal of the Board of
Flood Control Planning Supervisors
and Design affixed this 1st day of A,ir—s-,t. 19_25
cc: Public Works Director
Flood Control
County AdministratorJ. R. OLSSON, Clerk
Director of Plannina
County Counsel aYr"
�s`�' f ' ` Ct - Deputy Clerk
Auditor-Controller . Patricia A. Pell
H-24 4/77 15m 00422
.f
In the Board of Super/isors
of
Contra Costa County, State of Calirornia
August 1 , 19 78
In the Matter of
Contr_ct x=22-048-5 with
James O'Donnell for provision of !
Occupational Alcoholism Consultation
Services
The Board having authorized contract negotiations with the below
named Contractor by its Order dated June 27, 1978, IT ZS BY THE BOARD ORDERED
that its Chairman is AUTHORIZED to execute Contract u22-048-5 with Janes J.
O'Donnell (self-employed consultant) for the provision of Occupational
Alcoholism Consultation Services from July 1, 1978, through June 30, 1979,
with a Contract Payment Limit of $18,850, under the County Health Department's
Alcoholism Information and Rehabilitation Services (AIRS) budget for FY 78-79
and under terms and conditions as more particularly set forth in said contract.
PASSED BY THE BOARD on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors an the date aforesaid.
Orifi: Human Resources Agency Witness my hand and the Seal of the Board of
Attn: Cont=acts & Grants Unit Supervisors
cc: County Administrator affixed this i s day of i-utst 19 78
County Auditor-Controller
County Health Officer ,
Contractor �� � J. R. OLSSOy, Clerk
Sy -�:. �..ry-��;�,G Deputy Clerk
Karin 1 n.
00423
om
H-24 4!77 15m
Conga Costa County Standard Form
STANDARD CONTRACT
(Purchase of Services)
1. Contract Identification. Number22 - 048 - 5
Department: Health (AIRS)
Subject: Occupational Alcoholism Consultation Services for the operation of a
comprehensive alcoholism education and treatment program for employees of
the County of Contra Costa
2. Parties. The County of Contra Costa California (County), for its Department named
above, and the following named Contractor mutually agree and promise as follows:
Contractor: JAIMES J. O'DONNELL
Capacity: Self-employed individual (Occupational Alcoholism Program Consultant)
Address: 148 Hodges Drive, Moraga, California 94556
3. Term. The effective date of this Contract is July 1, 1978 and it
terminates June 30, 1979 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $ 18,860
5. County's Obligations. County shall make to the Contractor those payments described
in the Payment Provisions attached hereto which are incorporated herein by reference,
subject to all the terms and conditions contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out
that cork described in the Service Plan attached hereto which is incorporated herein by
reference, subject to all the terms and conditions contained or incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions
and Special Conditions (if any) attached hereto, which are incorporated herein by
reference.
8. Project. This Contract implements in whole or in part the following described
Project, the application and approval documents of which are incorporated herein by
reference: Contra Costa County Alcoholism Plan and Program Budget for FY 78-79, and
any modifications and revisions thereof.
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: California Welfare and Institutions Code, Division 11, Section 19900,
et. sec., and Sections 5170-5176; California Government Code Sections 16280, 26227, S 31000.
10. Signatures.,eineignatures attest the parties' agreement hereto:
COUNTY OF C TCALIFORNIA CONTRACTOR
By d 'R. I.Schroda• By
airman, Board of S vervisors
CiGJC C-A� -gal
(Designate official cap city in business
Attest: J. R. Olsson, County Clerk and affix corporation seal)
By �,,�� State of California ) ss.
�u`C1 County of Contra Costa )
Deputy
ACKNOWLEDGEMENT (CC 1190.1)
The person signing above for Contractor
Recommended by Depar ent known to me in those individual and
/7 business capacities, personally appeared
before me todayand acknowledged that he/
By lt�� they signed it and that the corporation
Designee or partnership named above executed the
within instrument pursuant to its bylaws
or a resolution of its board of directors.
Form approved: County Counsel ( '
- Dated:
ARTHUR W. WAL.SNTA. dB.
By
DeputyDeputy C64#j Clerk
Microfilmed with board order A ROBERT J. PROCTOR
004021;-1 DEPUTYCOUNTY CLERK
(A-4617 REV 6/76) Contra Costa County, California
y
Contra Costa County Standard Form
PAYMENT PROVISIONS
(Fee Basis Contracts)
Number 22 - 048 - 5
1. Payment Amounts. Subject to the Payment Limit of this Contract and subject
to the following Payment Provisions, County will pay Contractor the following fee:
[Check one alternative only.]
[ ] a. $ monthly, or
[ ] b. $ per unit, as defined in the Service Plan, or
[ ] c. $ after completion of all obligations and conditions
herein and as full compensation for all services, work, and expenses
provided or incurred by Contractor hereunder.
[%] d. $ 1,470 monthly, plus the reasonable cost of authorized expenses
actually incurred hereunder (not to exceed $1,220 for the term of this
Contract) for mileage, travel and per diem expenses, including expenses
for attendance at professional conferences and training seminars.
2. Payment Demands. Contractor shall submit written demands monthly or as
specified in 1. (Payment Amounts) above, for payment in accordance with Paragraph 1.
(Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and
in the manner and form prescribed by County. Contractor shall submit said demands
for payment for services rendered no later than 90 days from the end of the month
in which said services are actually rendered. Upon approval of said payment demands
by the head of the County Department for which this Contract is made or-his designee,
County will make payments as specified in Paragraph 1. (Payment Amounts) above.
3. Right to Withhold. County has the right to withhold payment to the Contractor
when, in the opinion of the County expressed in writing to the Contractor, (a) the
Contractor's performance, in whole or in part, either has not been carried out or is
insufficiently documented, (b) the Contractor has neglected, failed or refused to
furnish information or to cooperate with any inspection, review or audit of its
program, work or records, or (c) Contractor has failed to sufficiently itemize or
document its demand(s) for payment.
4. Audit Exceptions. Contractor agrees to accept responsibility for receiving,
replying to, and/or complying with any audit exceptions by appropriate County, State,
or Federal audit agencies occurring as a result of its performance of this Contract.
Contractor also agrees to pay to the County within 30 days of demand by County the
full amount of the County's liability, if any, to the State and/or Federal government
resulting from any audit exceptions, to the extent such are attributable to the
Contractor's failure to perform properly any of its obligations under this Contract.
initials:
tactor County Dept.
0042
(A-4619 REV 6/76)
SERVICE PLAN Q
Number 2 2 - 4 8 -- 5
1. Service. Contractor shall provide for County certain professional consulta-
tion and technical assistance services to assist County in operating a comprehensive
alcoholism education and treatment program for persons employed by County. Contractor
shall work an average total of 40 hours per week under this Contract in providing these
occupational alcoholism services, which shall include, but not be limited to, the
following activities:
a. Employee Counseling Program. Contractor shall spend an average of twenty-
four (24) hours per week of said weekly 40-hour total) operating the comprehensive
alcoholism education and treatment program for employees of the County of Contra Costa,
also known as the Employee Counseling Program, begun under Contract #22-048 and
t22-048-2. Contractor shall:
(1) Continue to identify the services which are presently available
to County employees with problems of alcohol abuse, to determine the needed services
which are not available, and to devise plans for making such needed services available
within the context of a system-wide comprehensive alcoholism education and treatment
program for County employees.
(2) Conduct in-service training sessions for a minimum of one hundred
seventy-five (175) County employees, to include, but not be limited to, employee
supervisors and union shop stewards in the various County offices, agencies, and
departments on the recognition, prevention, identification, and treatment of alcoholism
and alcohol abuse among County employees.
(3) Further develop and distribute educational and informational
materials regarding occupational alcoholism and the operation of the Employee Counseling
Program, to include, but not be limited to: an outline for a training module for
employee supervisors, and a management training guide.
(4) Provide information, consultation and referral services to employee
supervisors, employees, and employee union representatives from County offices,
agencies, and departments on a continuously available basis, as necessary to accommodate
the service needs of such persons regarding occupational alcoholism and problems of
alcohol abuse.
(5) Provide and/or coordinate pre-treatment counseling for County
employees requesting help and refer such persons to appropriate treatment and counseling
services.
(6) Explore possible long-range funding alternatives for the continued
and permanent operation of a comprehensive alcoholism education and treatment program
for County employees.
b. Outside Consultation. Conractor shall spend an average of sixteen (16)
hours per week (of said weekly 40-hour total) providing consultation as prescribed by
County to private industry, community groups, and other public agencies in Contra Costa
County regarding occupational alcoholism and alcohol abuse and the development of such
education and treatment programs for their employees, in accordance with the County's
FY 1978-79 Alcoholism Plan. Contractor shall help to establish at least two (2) new
education and treatment programs for such organizations having over 200 employees and
shall design and implement an Occupational Alcoholism Seminar in FY 78-79 to accomplish
this goal.
c. Additional Services. Contractor shall provide additional consultation
and technical assistance services regarding occupational alcoholism as may be pre-
scribed from time to time by the County Health Officer or her designee.
d. Service Guidelines. Subject to and insofar as not inconsistent with
this Service Plan, Contractor shall provide the above services in accordance with
the program goals, objectives, policies, and other such guidelines set forth in
the following described document:
"Contra Costa County Alcoholism Plan and Program Budget, FY 1978-79."
Initials: s,
00420ractor County Dept.
SERVICE PLAN 44 RR _
Number 2 2 — 048
`� _
2. Independent Status. Contractor is an independent contractor and County
shall neither direct nor have control over Contractor, his activities, or the
methods and details by which he fulfills his obligations under this Contract.
In providing services hereunder, Contractor shall work cooperatively with the
County Health Officer or her designee.
3. Quarterly Performance Reports. Contractor shall submit regular written
Per_or=ance Reports quarterly to the Administrator of the Health Department's
Alcohol Information and Rehabilitation Services (AIRS), detailing Contractor's
accomplishments in performing the above services. The AIRS Administrator shall
be responsible for evaluating Contractor's performance under this Contract.
4. Activity Support Services. County shall provide for Contractor certain
office space, clerical support, office supplies and services, materials, equipment,
facilities, and assistance as may be mutually determined to be necessary to support
Contractor's activities hereunder, but excluding the use of County cars.
5. Expenses. Contractor's fee, as set forth in Paragraph l.d. of the Payment
Provisions, includes full compensation for all services, work, and expenses provided
or incurred by Contractor under this Contract, including all travel, mileage, and
per diem expenses.
SPECIAL CONDITIONS
1. Insurance. Paragraph 19. (Insurance), page 3, of the General Conditions
is hereby deleted and replaced by a new paragraph to read as follows:
"19. Insurance.
a. Automobile Insurance. During the entire term of this Contract
and any extension or modification thereof, Contractor shall keep in effect
a policy or policies of motor vehicle liability insurance naming the County
and its officers and employees as additional insureds, for any use Contractor
makes of a private automobile in the performance of this Contract, as required
by State law and in amounts not less than:
(1) $15,000 for personal injury to, or death of, one person;
(2) $30,000 for injury to, or death of, two or more persons, per occurrence;
and
(3) $10,000 for property damage.
b. Insurance Certificate. Not later than the effective date of this
Contract, Contractor shall provide County with a certificate(s) of insurance
evidencing the above liability insurance. The policies shall include a
provision for thirty (30) days written notice to County before cancellation
or material change of the above-specified coverage. Said policies shall
constitute primary insurance for any claims as to the County, the State
and Federal governments, their officers, agents and employees, so that
other insurance policies held by them shall not be required to contribute
to any loss covered under Contractor's insurance policies."
2. Cost-of-Living Increase. In the event that a cost-of-living increase for
the 1978-79 fiscal year is provided for employees of the State of California, and if
permitted under Government Code §16280, the parties may agree to a cost-of-living
increase payable to Contractor and amend this contract accordingly.
Initials: I /.
tractor County Dept.
0042'7
-2-
Cdntra Costa County Standard Form
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply with all Federal,
State and local laws and regulations applicable with respect to its performance hereunder,
including but not limited to, licensing, employment and purchasing practices; and wages,
hours and conditions of employment.
2. Inspection. Contractor's performance, place of business and records pertaining
to this Contract are subject to monitoring, inspection, review and audit by authorized
representatives of the County, the State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection by authorized
representatives of the County, the State of California, and the United States Government,
the Contractor's regular business records and such additional records pertaining to this
Contract as may be required by the County.
4. Retention of Records. The Contractor and County agree to retain all documents
pertaining to this Contract for three years from the date of submission of Contractor's
final payment demand or final Cost Report (whichever is later) under this Contract, and
until all Federal/State audits are complete and exceptions resolved for the funding
period covered by this Contract or for such further period as may be required by law.
Upon request, Contractor shall make these records available to authorized representatives
of the County, the State of California, and the United States Government.
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at their
sole discretion, upon thirty-day advance written notice thereof to the other, or
cancelled immediately by written mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may
terminate this Contract should the Contractor fail to perform properly any of its
obligations hereunder. In the event of such termination, the County may proceed with
the work in any reasonable manner it chooses. The cost to the County of completing
Contractor's performance shall be deducted from any sum due the Contractor under this
Contract.
c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event
that Federal, State, or other non-County funding for this Contract ceases, this Contract
is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed,
upon by the parties. Except as expressly provided herein, no other understandings, -
oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of
operating procedures and budgets required by this Contract, including but not limited
to,monitoring, auditing, billing, or regulatory changes, may be developed and set
forth in a written Informal Agreement entered between the Contractor and the County.
Such Informal Agreements shall be designated as such and shall not be amendments to
this Contract except to the extent that they further detail or clarify that which is
already required hereunder. Such Informal Agreements may not enlarge in any manner
the scope of this Contract, including any sums of money to be paid the Contractor as
provided herein. Informal Agreements may be approved and signed by the head of the
County Department for which this Contract is made or his designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a
written document executed by the Contractor and the Contra Costa County Board of
Supervisors or, after Board approval, by its designee, subject to any required State
or Federal approval.
b. Administrative Amendments. Subject to the Payment Limit, the Payment
Provisions and the Service Plan may be amended by a written administrative amendment
executed by the Contractor and the County Administrator or his designee, subject to
any required State or Federal approval, provided that such administrative amendments
may not materially change the Payment Provisions or the Service Plan.
00428
(A-4616 REV 6/76) -1-
Contra Costa County t-anderel "orr._
GENERAL CONDITIONS
(Purchase of Services)
9. Disputes. Disagreements between the County and Contractor concerning the
meaning, requirements, or performance of this Contract shall be subject to final
determination in writing by the head of the County Department for which this Contract
is made or his designee or in accordance with the applicable procedures (if any)
required by the State or Federal Government.
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and
construed in accordance with the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted
in the courts of Contra Costa County.
11. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon the subject of this Contract be adopted or revised during
the term hereof, this Contract shall be amended to assure conformance with such
Federal or State requirements.
12'. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General
Conditions, inspections or approvals, or statements by any officer, agent or employee
of the County indicating the Contractor's performance or any part thereof complies
with the requirements of this Contract, or acceptance of the whole or any part of
said performance, or payments therefor, or any combination of these acts, shall not
relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall
the County be thereby estopped from bringing any action for damages or enforcement
arising from any failure to comply with any of the terms and conditions hereof.
13. Subcontract and Assignment. This Contract binds the heirs, successors,
assigns and representatives of Contractor. The Contractor shall not enter into
subcontracts for any work contemplated under this Contract and shall not assign this
Contract or monies due or to become due, without the prior written consent of the
County Administrator or his designee, subject to any required State or Federal approval.
14. Independent Contractor Status. This Contract is by and between two independent
contractors and is not intended to and shall not be construed to create the relationship
of agent, servant, employee, partnership, joint venture or association.
15. Conflicts of Interest. Contractor promises and attests that the Contractor
and any members of its governing body shall avoid any actual or potential conflicts of
interest. If Contractor is a corporation, Contractor agrees to furnish to the County
upon demand a valid copy of its most recently adopted bylaws and also a complete 3`:
accurate list of its governing body (Board of Directors or Trustees) and to time-. 7
update said bylaws or the list of its governing body as changes in such governance
occur.
16. Confidentiality. Contractor agrees to comply and to require its employees
to comply with all applicable State or Federal statutes or regulations respecting confi-
dentiality, including but not limited to, the identity of persons served under this
Contract, their records, or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by
Contractor or any public officer or agency in connection with the administration of or
relating to services provided under this Contract will be confidential, and will not be
open to examination for any purpose not directly connected with the administration of
such service.
b. No person will publish or disclose or permit or cause to be published or
disclosed, any list of persons receiving services, except as may be required in the
administration of such service. Contractor agrees to inform all employees, agents
and partners of the above provisions, and that any person knowingly and intentionally
disclosing such information other than as authorized by law may be guilty of a
misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services
under this Contract shall be available to all qualified persons regardless of age,
sex, race, religion, color, national origin, or ethnic background, and that none
shall be used, in whole or in part, for religious worship or instruction.
(A-4616 REV 6/76) -2-
m429
. .Ccdtra Costa County Standard Form
GENERAL CONDITIONS
(Purchase of Services)
18. Indemnification. The Contractor shall defend, save harmless and indemnify the
County and its officers, agents and employees from all liabilities and claims for damages
for death, sickness or injury to persons or property, including without limitation, all
consequential damages, from any cause whatsoever arising from or connected with the
operations or the services of the Contractor hereunder, resulting from the conduct,
negligent or otherwise, of the Contractor, its agents or employees.
19. Insurance. During the entire term of this Contract and any extension or
modification thereof, the Contractor shall keep in effect insurance policies meeting
the following insurance requirements unless otherwise expressed in the Special
Conditions:
a. Liability Insurance. The Contractor shall provide a policy or policies
of comprehensive liability insurance, including coverage for owned and non-owned auto-
mobiles, naming the County and its officers and employees as additional insureds, with
a minimum combined single limit coverage of $500,000 for all damages because of bodily
injury, sickness or disease, or death to any person and damage to or destruction of
property, including the loss of use thereof, arising from each accident or occurrence.
b. Workers' Compensation. The Contractor shall provide the County with a
certificate of insurance evidencing workers' compensation insurance coverage for its
employees.
c. Additional Provisions. The policies shall include a provision for thirty
(30) days written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to the County,
the State and Federal Governments, their officers, agents, and employees, so that other
insurance policies held by them shall not be required to contribute to any loss covered
under the Contractor's insurance policy or policies. Not later than the effective date
of this Contract, the Contractor shall provide the County with a certificate(s) of
insurance evidencing the above liability insurance.
20. Notices. All notices provided for by this Contract shall be in writing and
may be delivered by deposit in the United States mail, postage prepaid. Notices to
the County shall be addressed to the head of the County Department for which this
Contract is made, c/o Contracts 6 Grants Unit, Human Resources Agency, 651 Pine Street,
Martinez, California 94553. Notices to the Contractor shall be addressed to the
Contractor's address designated herein. The effective date of notice shall be the
date of deposit in the mails or of other delivery.
21. Primacy of General Conditions. Except for Special Conditions which expressly
supersede General Conditions, the Special Conditions (if any) and Service Plan do not
limit any term of -the General Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no representation,
implication, or understanding that the services provided by Contractor under this
Contract will be purchased by County under a new contract following expiration or
termination of this Contract, and waives all rights or claims to notice or hearing
respecting any failure to continue purchase of all or any such services from Contractor.
23. Possessory Interest. If this Contract results in the Contractor having
possession of, claim to or right to the possession of land or improvements, but does
not vest ownership of the land or improvements in the same person, or if this Contract
results in the placement of taxable improvements on tax exempt land (Revenue 6 Taxation
Code 4107), such interest or improvements may represent a possessory interest subject
to property tax, and Contractor may be subject to the payment of property taxes levied
on such interest. Contractor agrees that this provision complies with the notice
requirements of Revenue & Taxation Codd 5107.6, and waives all rights to further
notice or to damages under that or any comparable statute.
00430
(A-4616 REV 2/78) -3-
1
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 , 19 78
In the !Natter of
Acknowledging receipt of
Memorandum from County Counsel
transmitting Resolution
No. 78/770.
The Board having received a July 24, 1978 memorandum
from County Counsel transmitting a proposed resolution approving
the petition of Mr. David Mueller, and other electors, to transfer
inhabited territory from the Walnut Creek School District to the
Lafayette School District and advising that the County Clerk
estimates theelection provided for in said resolution will cost
the County approximately $2,000 if consolidated with the November 7,
1978 General Election;
IT IS BY THE BOARD ORDERED that receipt of the aforesaid
memorandum is acknowledged.
PASSED by the Board on August 1, 1978.
J hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
cc: County Counsel Witness my hand and the Sea{ of the Board of
County Clerk Superyisor5
Superintendent of Schools o fixed this ll:'L. day of Alin ;r i9 zp
County Administrator
County Auditor-Controller
J. R. OLSSON, Clerk
Deputy Clergy
I�Ta_Xine M. veufel,ct
00431
H-24 4/77 15m
_ . A_____.._....,.,.....__--..., ...-....oma....-,..�-,........-�.
e
IN THE BOARD OF SUPERVISORS, CONTRA COSTA COUNT',
STATE OF CALIFORNIA
Re: Approving The Petition Of )
David Mueller And Other Electors ) RESOLUTION NO. 78/ 770
To Transfer Inhabited Territory )
From The Walnut Creek School )
District To The Lafayette School )
District, Order Of Election And )
Specifications Of The Election )
Order. )
The Board of Supervisors of Contra Costa County RESOLVES THAT:
The Report and Recommendation of the County Committee on
School District Organization transmitted by the County Superintendent
of Schools on the petition of David Mueller and other electors to
transfer inhabited Walnut Creek School District territory to the
Lafayette School District has been received by the Board of
Supervisors; and
On May 16, 1978 , proponents and opponents of the transfer
presented their positions to this Board, and after due deliberation
and consideration the hearing was closed; and
Because the Governing Board of the Walnut Creek School
District (from which the territory is proposed to be transferred)
has, pursuant to Education Code §35706 (b) , filed a timely written
opposition to the proposed transfer with the County Superintendent
of Schools, this Board must require an election to be held in the
entire territory of the school district from which the territory
is to be transferred on the question of whether or not such
territory should be transferred if it grants the petition; and
Education Code 5§5322 and 35706 authorize this Board to
order said election and adopt sv_ ecifications of the Election
Order;
The Board of Supervisors hereby takes the following actions:
1. Grants the aforementioned petition;
2. Orders the County Superintendent of Schools to call,
hold and conduct an election in the entire territory of the
Walnut Creek School District on November 7, 1978 on the transfer;
3. Orders that said election be consolidated with the
General Election which is to be held on November 7, 1978;
4 . Specifies that the purpose of said election is to
determine whether or not the aforementioned transfer shall be
aonroved;
RESOLUTION NO. 78/ 770
09432
t
i .
S. Orders that the ballot used in said election read as
follows:
"Shall the inhabited territory described
as Subdivision 4380 file` for record on
October 30, 1974, in Subdivision "laps, YES
Volur:.e 174, Pages 7-12, Contra Costa
County Official Records, be transferred
from the G•lalrut Creek School Distr i c 1- BTU
g,
L.4-0 the Lafayette School District pursuant
to the petition therefor on file with the
County Suoerintendert of Schools. "
6. Orders that the Cler'•: of this Board transmit a certified
copy of this Resolution to the County Superintendent of Schools
and to the County Clerk.
PASSED by the Board on August 1, 1978.
cc: County Clerk
Elections
County Superintendent of
Schools
Lafayette School District
Walnut Creek School District
County Counsel
County Administrator
County Committee on School
District Organization
Mr. Favid Mueller
County Auditor-Controller
JAK:j
RESOLUTION NO. 78/ 770
-2-
0043,3
4 :
In the Board of Supervisor
of
Contra Costo County, State of Cali;ornia
August 1 , 19 �8
In the Mctfer of
Contract 22-027-3 with the Contra
Costa County Association for the
f•lentally Retarded to provide general
office services for the office of the
Developmental Disabilities Council of
Contra Costa County
The Board having considered the recommendation of the Director,
Human Resources Agency, that the Board approve and execute Contract 722-027-3
with the Contra Costa County Association for the Mentally Retarded, Inc. , to
provide general office services and maintenance for the office of the Develop-
mental Disabilities Council of Contra Costa County located at 2717 Morth Main
Street in 11alnut Creek, California, for the term from July 1, 1978, through
June 30, 1979, with a Payment Limit of $3,500, and under terms and conditions
as more particularly set forth in said Contract;
The Board FINDS that:
(1) the office of said Council is at a location which is remote
from available County employee resources, and
(2) it is in the economic interest of the County to contract for
said office services and maintenance rather than assume the
additional expenses v;hich would otherwise be payable to
existing County employees; and
IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to
execute said Contract.
PASSED BY THE BOARD on Aug►.ist 1, 1978 .
1 hereby certify that the foregoing is a true and correct copy or an order entered on tha
minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
Orig: Human Resources Agency Supervisors
Attn: Contracts & Grants knit affix-ed this 1st day of Auj-.,ust 1978
cc: County Administrator
County Auditor-Controller
County Health Officer 1 . J. R. O'<:SSOy, Clerk
Contractor gy ,., LrC�` ��,rn=� Depuf Clerk
gni
H-24417r715m
Contra Costa County Human Resources Agency =� L
SHORT FORM SERVICE CONTRACT
�.
' Contract Identification. Number 2 2 — O 2 `1+y
-w 3
Department: Health
Subject: General office services and maintenance for the office and staff of
the Developmental Disabilities Council of Contra Costa County, Inc.
2. Parties. The County of Contra Costa, California (County), for its Department named
above, and the following named Contractor mutually agree and promise as follows:
Contractor: CONTRA COSTA COUNTY ASSOCIATION FOR THE MENTALLY RETARDED, INC.
Capacity: Nonprofit California corporation
Address: 2717 North Main Street, Walnut Creek, California 94596
3. Term. The effective date of this Contract is July 1, 1978 and it
terminates June 30, 1979 unless sooner terminated as provided herein.
4. Termination. This Contract may be terminated by either party, at their sole
discretion upon thirty-day advance written notice thereof to the other, or canceled
immediately by written mutual consent.
5. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $ 3,500
6. County's Obligations. In consideration of Contractor's provision of services as
described below, and subject to the payment limit expressed herein, County shall pay
Contractor, upon submission of a properly documented demand for payment in the manner
and form prescribed by County (Demand Form D-15) and upon approval of such demand by the
head of the County Department for which this Contract is made or his designee, according
to the following fee schedule:
a. Mimeographing . . . . . . . . . . . $10 per month, flat fee.
b. Photocopying . . . . . . . . . . . 5 cents per sheet, as utilized.
C. Postage meter . . . . . . . . . . . Actual postage cost, as utilized.
d. Office Maintenance . . . . . . . . $20 per month, flat fee.
7. Contractor's Obligations. Contractor shall provide the following described services:
a. One mimeographing machine and ink for use by County staff (County supplies paper).
b. One photocopying machine for use by County staff (County and Contractor share
in supplying paper.
c. One postage meter for use by County staff.
d. Office maintenance, including janitorial services, for the Office of the
Developmental Disabilities Council of Contra Costa County, Inc. located at
2717 North Main Street, Walnut Creek,
8. Independent Contractor Status. This Contract is by and between two independent
contractors and is not intended to and shall not be construed to create the relationship
of agent, servant, employee, partnership, joint venture, or association.
9. Indemnification. The Contractor shall defend, save harmless and indemnify the County
and its officers, agents and employees from all liabilities and claims for damages for
death, sickness or injury to persons or property, including without limitation, all
consequential damages, from any cause whatsoever arising from or connected with the
operations or the services of the Contractor hereunder, resulting from the conduct,
negligent or otherwise, of the Contractor, its agents or employees.
10. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: California Government Code Sections 26227 and 31000.
11. Signatu se signatures attest the parties' agreement hereto:
COUNTY IryJ COSTA, CALIFORNIA CONTRACTOR
By ✓ R-1-Schroder By
Chairman, Board of Supervisors AV V
Attest: J. R. Olsson, County Clerk X 1WMCV
• (Designate official capacity)
BY
Deputy
Recommen d by •epartment;�
(Form approved by County Counsel)
Designee
0043-
Microfilmed with board order
In the Board of Supervisors
Of
Contra Costa County, State of California
Aug-ust 1 1978
In the Matter of
Notice of Continued Hearing on
Abatement of Property in
North Richmond.
August 15, 1978 at 9:30 a.m. having been fixed for
hearing on the proposed abatement of property located at
1555 Truman Street, North Richmond, California (ylr. Rob Roy
Ramey, owner) ;
Supervisor J. P. Kenny having advised that he will
be out of town on that date and having recommended, therefore,
that the Board declare its intent to continue the aforesaid
hearing to August 29, 1978 at 9:30 a.m. ;
IT IS BY THE BOARD ORDERED that the recommendation
of Supervisor Kenny is APPROVED.
PASSED by the Board on August 1, 1978.
1 hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
cc: NIr. Rob R. Raney Witness my hand and the Seal of the Board of
Building Inspection Supervisors
Attn: J. - rlele affixed this 1st day of August 19 78
County Administrator
County Counsel
J. R. OLSSON, Clerk
By /iri��///�f� , Deputy Clerk
e M- ::eufeld
00436
H-24 4/77 15m
In the Board of Supervisors
of
Contra Costa County, State of California
August 1, 19 78
In the Matter of
Approval of the Road Improvement
Agreement for
Development Permit 3029-77,
in the San Ramon Area.
The following document was presented for Board approval
this date:
A Road Improvement Agreement with Samson Construction Company,
contractor, wherein said contractor agrees to complete all
improvements as required in said Road Improvement Agreement within
one year from the date of said agreement;
Said agreement having been accompanied by the following
security to guarantee the completion of road and street improvements
as required by Title 9 of the County Ordinance Code as follows :
a. Cash bond (Auditor's Deposit Permit Detail No. 11307,
dated July 25, 1978) in the amount of $1,000 for Faithful Performance
and $500 for Labor and Materials, deposited by: SamSor Construction
Company, P. 0. Box 1629, San Leandro, CA -94577•
NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement
is APPROVED and the Chief Deputy Public Works Director is AUTHORIZED to
execute said agreement.
PASSED by the Board on August 1, 1978..
1 hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Hoard of Supervisors on the dale aforesaid.
Originating Department : PWD (LD) Witness my hand and the Seal of the Board of
Supervisors
cc : Public Works Director — LD
Director of Planning affixed this 1st day of August 1978
Sams on Construction Co.
P. 0. Box 1629 J. H. OLSSON. Clerk
San Leandro, CA 94577 By 7 Deputy Clerk
!/ Sandra L. Nielon
0043'
H-24 4/77 15m
a
RECEIVED
AUG 1 1978
• ff" uaRM011:rrr x3le2gaff L t oUBM
— - �ao<aure111i�
'511 Al• • Anti,.I I Ilr••:5'4v KaAd&v 1/4c.&.iLY 4auf.w"f int I 1:1'1•y•f i«• 11111•: August 1. 1978
511 laevelapsr: �.rl9se�;•1._. .f/Ii' :.it ll 11•ricd: .1 .fir
1. murrim mmni.• I:rfc4:tive on Up.: ;1l:om r].,tr•, the Canty o[ awitra caRti, oiliramia,
1�•reii>.-irt.4•r a�11ni-''i�r,i+ivy and tir: ;dx.+m-what] Ix-•volcifr, mutwily Lwcodso arW agsoe as
-Alo , eonoc:rniny"tJli%'noel awept.�rloe:
2. IRIMM.7WIML 111a.1-194yovr acjms til ilva*t.ill Itxw injil-CM-1IIMIts, clualili Klc•
-Y----
nli»onnt•s, sups:, !i I+• Iralieuilm, awl ::Brit rltJ>•_r blariminrall n .1:; 1lrlinilY'1 -jn Ilr: hipivlu+mslt
•Inns rnr this rraarl alxr•Iit-aitoe ris roviewrxJ rairl cm rile with t1m Oxitra Couta UwiLy PidaJlc'
• i Its l'I+ixirtm it, c.nL•it 1r e1 111' 3020-77 and in awifamunce
Ili I.1+•• Itwitr.•tQ�sta c2xoaly OiYliiulixae Dock ��ix:�.iiciuic!fuLilro .•imsxlnialts .darabo).
tknrlgarr idialI =131(-Lo wild wYnk .iml ln%xwwmlvnLs ainicirbirter c-.•lllLcl "work")
-!thin tho axwo caq.Ar•l•.ic-I: poricd from cL-1te lxlLw[, in a-ciood workminiike a►inmr, in
• •oartlaixe withacz.�elatl�rl 4�nstiZrtia-1 pr.•lctieaes .vxt in a 1a�imn- equ-il or. superior t o the
cluironrnts of the C]rnnil.y Ordinawc? Cale ail) rulii-ja mina, tIwromitlrr; .v><! vdiLim t woo is
• awiflic•1. hetwrr•n Ux• inprowlrmt Thais; alnl the Gbunty Ordirllawo Cmk•, the stricter
•P,;ranents dual] r,Jol 1,11.
3. f;V%l1 'd1R_•T Mini 1,A1'1-Pidi17 14-1 MIK. 11t>:ininlr•s that r.1ae1 raft :Jail] •Ix: '
roc frram ck±ft�i�L, iri ilillc�l=i:i1 iar'wioll:mlii�tll+ .viol :ul I p-ricii n and ial'.K:l.orily Im- .: tu•i•icxl
F ane (1) year 1'rtiin .Iiia! .ilio_, than IY:.ii.cl c11' Dga0111:1013 -nt+•lav;: I.IM• wca:h .e: y+4I11l••L1• iii
xxzdaiwc with llrticl• 96-4.6, "ArcwLywe", of tan: CUdixinex: Mia. IX-jeloix+r agneas Lo '
nrrect, r.•ep lir, or impL.•w, at his oq;Invic, .viy dlcrccL•s in said wicadc.
4. II�II'IaO�'JI:tt7rl� :�x:ltttLlY: L11:a1 as=tiixi flus agruawnt, the Developer shaU provide
security to H Ekiii"ty:
A. 1.1,.11• Iti•i la+iuilirti• and 1Xi.;n inlim: $1.11110 ca141, irlltrh is (11111;) of
•IC est !Rated Cost or Lit• kur .
wiLh this sec iriLy, the Deilolgx:r ytoranlxxxx; perrocmarma inick:r this :Kjricvv:lamnt
111 mlinteil�•iixv nF the woi.k ror cum ycar al:Lr.r W; cvarpleLian anti amr1atl-inoe a><iainst any
.4activr workmmiship nl• matmri• le or any tiliwitinlewUny parronarli x-.
R. 1.111• tvayi+•11I : fx• all-iLy ill tAxl (if $ ;110^1111 , wllidl i1:
1 rty Lwroent (g6j' of 111i:'t'stimt ed cost of LJie work. lk dl socuriLy is tc d in L•he
Ira of:
X _ Ct•1�it, cti rl:i ricni dxvt, air raidi iK•r's dlLc*
r1�.Y,•1.1.�1,1•, c��i�at.+1:111• :+tllti•l1• Last
r1R7c7ry. vl•.it,lc it•mwoc•.dble latl4•r of cnx1it
Willi IItl:: ::lY,1v ilti•, 111M• 11.wtoIdwr •11411 Alvaro••. ILIJ111.111 Its 114. 4.1+111I.M•II1,, 14.1 Ili::
vita to I-!-sale; it.-id ilol l.lili111r•ill 4•i Ilii Id.-dihael I.d..i 141 IILIII.1 LOH Its 1111-111 ill 141 AIN• Irw4.le jeer.
(;. 111.111 •M.1+'1.1.11••+• r.l Lloe ioiih •L•; r+Ilgrl••I•• Irj 1.11x.• Maid j•1 ;4ileivianins; .liMl
non iztpau-st or Lli., lu•vr:•.Irwi-, lila: clnrxnll lal• 1Jx• exx-mil."m euy !x: veckiad in Um :kale±
uvwr as not forth in Sections 94-4.406 anti 94-4.408 of the Ordinal= Godo ragarding
llbdivisicm arjimciza'sits.
Mioaf(imsd wit)e bwrd order
an
ti .
r
Vii. lrasi'1X.•1'lcJla FFMIt:vr:lriacr :rlr:lll. lr-1y to lira CcnnlLy a c;.1::1] :rrrrrhnlL• +clil:rl In su.wc•n .
•_-roenl• (7o)+of. Ux� r•::liulrLW coot or UY.2 inix wounL•s for We impx:L.i(.a1 oC Um work amxl
'In checking and testirxa of Um naterials.
6. DIPROVtl►Wr I+I+It•1 1•tJ1RliAitAY I)m'elopc:r warrants the inprovenmt plans for tlx: wnrk
!lIe adetluxite toaceca4]] sli Uie wort as pu mised in Section Z. Ir, at any lime bofam t•1x:
+card of Supervisors :ecus the work ns ampleLe or. cluring the cmc year guarantee period,
paid ir.•provement pl.:n]s iirmv ler lx: i11:u1ogiviLe in any irmnpect, Developer shall make whatever
hanges are neecssary to aecohplish the work as promised.
7. NO IRIW*R itY C.U.T?IY. InslxccLi.on or tlx,- work amVor mit.m.-.]ls, or atproval or
+irk aro or matcriils cir,titen:ent .�: o�Ciwr, .-x ut: or tic i
by ]y ,f• :L crycx. r+f 1'1x: CbutrL-y irxtic;lti.ng
Am. work or any Lx-1rt t:lx,rr-of complies with Lho mcluiranents of this A ii-mmrmt, or mraepl-anee
it the whole or, any part: or said work :nxl;cir miInrials, or pri3ownts Mwaror, or. May
•natbinalirx] or .all or 01:v axil:-, shad rxi1 if-i i.mr_ t ik. it wc:lgx•r c+r his rU i.jlat_ion I:o
infill this agmmtamt as p'Lcscrilrxl; nor .0sall t1m UnuiL.y Ix 11x•rcLiy cstc*1LxxI rrum brirujirxl
my. action for dan yes arising from the failure to a irply with any of the terms and conditions
'lereof..
S. 7M)EbINrl Y. Dove lgvr shall dorm.1, hold hau less anti indonnify the indcsrnitees
roan t]xr liabili es as cle-fined in this mcl-icx]: .
A. ne wnerilml all imVac:h-d by Luis prumisc are Lho ('enmity, arui
:t-s slxx:ial clistricls,�liictivic arxl al4vaint1vc: Wards, ecnmissiais, orficmrs, agents mad .
:•rployees.
I1. 't4u: li.rl+ilitic::: lrrolr. LcY1 .MJ.rirra : nry
ux: . li:.rbilil.y +n ra.rirn rnr cLnnnp• fir
any kin•l allrrpvlly siffl�rvd,�imCurrml or IbraiLr_rxxl 1>,:ramo of :rr:IArxm.cL- i.lxxl boiriw, aricl
:lclixlinri Lx:rsrHull in jnry, cktirl.h, I,ri�•rt1 11.unrlC:, irr•„:rare c.xuxMiiaxrlitnr, srr :nry excriiirr.,l irrn
•f those, anti rr caardle s of wix:t1iox or ivA such liabil.iLy, claim or cl<nr4u�e was unrorracrabie
•�• any time before Uia county reviewad said .ini3tnm-cyhn_nt plans or mvptcd U]e i vrk as
xmplete, and inclixli rxr L•1]c defense of any suit (s), action (s) or other proceeding (s)
x-mcerning said liabilities evxl claim.
C. 71m cu:l:.i.cn1:: c-;]hrainr� liability .]Lr .arty act or ulii3sio] (norjlic_pmt or nor
•gli-]nt) in mitt-ers aowaxl by this /ViramunL• amid aL•L-ributable to
:lie Deinloper, contractor, subcontractor orarrj officer, mJmt or urpla5c3e of •one or lwms.
if them.
1]. Nc�rrcaWt<lit icnrs: '14]c .uxl aSiu mmit in this :u-c:L.ic+h] .nr%• mL ccxxtilloncd
r dclx+rnl<:nl- of trlictlx•i= cir not.:n1y Indawlilur:. IXIS IIIrpal.-MI, siq+L)lictil,. Or lxwic"til May pl.m
(s) or.rp.rific.aticm (s) ir1 connection with tibia: uix* or cknra)gxwnl, or Imis insurance± or
Cher indami.rication cr"rimrj any of fix:.,^ r:iittcrs, or U]al• the alleged damage resulted
:partly from any negligamt or willful ndseaxluct of any IndenUtes.
9. CWIS. 1].wIoL_r,r Waal I pay wtx.•n chic, .all. the costs of illy woL*, including
inspections thereof aril relocating exisL•iivj ut:ilit:ies.rr:quired thereby.
10. IJI.eIVI+L•'12(•01Nr1 X1.1 #W) CWIS. 11' fails to =131010• LIx: kwk within tlx:
' ino swc il:iml �.n lliis ailit�i�nihit, :hixi mAxi,•piviiL rxWnsions, or fails to nkrint.ain Ux:
.,os lc, the County myl:r:occl to eanplele amen,or]taby maiin tl]e work mntnct or otlieLwisc3,
incl Developer agamm c to 1my all costs ixl c•h.]hrj-s im-uri-ecl by Ute Chanty. (inelixling, but
not linli L•ecl to: engineering, inspacticn, summys, contract, ovetimacl, etc.) iammdiateiy
opo] demw]d.
once .action is 1•.aken Iry (bunL•y Io crmplr.ly c+r lnrinl:Lin t1w wnwk, hrwelcIn'r
rtlmm, I o pay all oosts iwurrecl by Um LbunLy, even if Dmaloper suld P=L•ly eolplates
the work.
RX-4rl+l 01111111. slit. to 0--til x•l portrntinn]r..r? mu4m- lhim atlivermiml- en: Le+ rc:erervar
mals inczn-rad in r:rn1+lo-Lihw•1 or hn+int:+inihxl 11x: wick, live-IcIvr .,birwo. tc" I%ly .11.1 of Pormy's
Fees, :nil :hl l n111or 1•-4.•rl.m.s. rir •1 i I i i.+i.irn1 ihr-m-i-e i I.Jy CenrnLy in cxXiaweL:im UrertiwiU],
wen if Damloper staimmimaitly proceeds, to cwplote Uv work.
,. : 00439
is . . . . . ; ..
7
,•, F+y... 1.. ~!tip '••yr = •''•� •. .••• `' •�•• � ,... � ... ...
M.
A.
4'I' +r. .t. ` y• •�•• !4 a +j. ""i'�'�•�,' .r _•+Nt,...•: r tj f
`+ ..r.t. '•y_ ` •� r•`j•, '�}�'�1 r��• •rte•"fTy '� �. . .'• ''
. .. ��M�Nish •I•_� +y��r,•
� •s.:a.. .:fit;., '1 V :;.•,I •.;
' ..� ',,, 4 I",• r+':: 1•.+' ''.fir ►; rl•., "1
STATE OF CALIFORNIA On this ,,,14th. ••..day of....:j!4Y..................in the year one thousand nine
CO[rI1'T2'OF........................................... �ss• hundred and.la................. before me, ..,� S�.7lth.....Iti...�Z�STIl�.�r.............
a Notary Public. State of California, duty commissioned and sworn,personally
appeared......... .............. ... . .. . .......... .
�wwwwww�.owtarc•iw+w•s+. SAL ;11 ................... ...... t�,�r:tcrs....ti:r nt ern......................... ......................... ............
O
FFICIAL 5
r ;'Y'`;� +: ►t•! [l� J. E ICY known to me to be the peon.....whose namf•..... 1„the withiir
instrument and acknowledged the
tI s�• '.i� r:l�:n•7 t'"•' tN � '{ edged to me that'.:kh�y,...CXCCutCd SUtft,:.
-�%f��)_ ,';;,..•t;�.t . .1 a •`
`,;;:.:,'', Co:y11;A t:ost+ CPL'�TY `f IN WITNESS WBEItF.OF!haus hereon t�r��hand and affixed-my
e r:r•r I
official seal in the..........................County of..t�A;i:xc?..........the day and year
Rty Lomttti3stott ..... .
in this certificate lust above written.
AW-• .,
�.
This document.s only a general laW
m which maY be Proper lot use to simple 1ran [t.Ont J""""""""''•"""""""""""""
and.n no Nov acts•o•,s intended to act.as a substitute Por the advice el an attorney votary t1 rttrtiC.State of C'ali/ornia }
The Pubf.she•does not make any wAug
us either express or implied as la the legit �t t Auur t 1 r 7 979
randtty of anv Prov.ston M the sU.fabilitV o1 these forms to any specific Itansact.7n, illy commtc ..........
sion expires :7 L
...............................................
Cowdery's Form No.32 •Acknowkdgemenl-General(C.C.Sec. 1 190a)
t -
' , ..r.M.s.•fir
• .� ..rte
A. ,
•�� _ • • 0
- r1_-''1` .•_"�"•w�w•r•~+•rte�'x•1.1.-•`_ �—_.... •
...�••.. •. .••may••T•w-.+�w.y—
' 1. AS.41 t'►tI=,TI'. !f, Ia.Ctare 1'!te Iy�.vt1 :+[ [Jul mwi; ims- cregsirte, '
'fin cl-voltTmm,l is•:iinr,wd to a city, Utr- OUILy mt} sloulttn to LILT . a-i L} IN- cL%AlLY'::
ricltts lmxbr this AgrommiL and/or any clgxrAt, bond, 'or lettor of cu dit amuriml wid
rights.
12. AS_111111.1' 1'1+W. IM ma awoci:l':mx• or UL,. im:::oa,%x wits I:y Ilu 1tmnti of l twivism,
the n vrlojWr (orTiiti Sxlinbrar) Mall furnitit t!x 11-1wtrtmmt of 1'ttblica Wrk, a'mi%dete
:mt of -x%Wt'tble 3ST-1 microfilm L-q iva or t!r oriitianrtl tracings or itt#+Lv+'timmit plans Cor
the road acceptance (ittcltxUjV all revisi xw (Ilawto). -
13. CONSIDMP.ICN. In consider:Liu n hotvr)f, County shall, at such time as Uw .
inQxowtrnts ars consLru to d to County st.-ttxlards anti arr. in confonumrsm with said plans an
rile in the Public tbrks IX-tw im t, subjcrt to inspection and approval of the Public
Wirks Director, aompt tlw public st=t imts for maintenttxxn.
CONTRA COSTA COUNTr MAMIMIt: (+see note I,elcM)
Vornon 1.. Cl im,
lbl.ic Yorks 1)irc=U)r �•� -[a_. .��-�..
r
ty
:ttWIWI•t4l= FUtt AP1' UAL: MA-2 Lo I'k,%t:lrxaer: ' ON-wtft• adiunowleckjamt
1'aiii►-ii�liyv;:nxi i� a wrlmmition, affix
c ipwalc:
Laid Davelcpnent
Fo[it+i At'P[#OM: Ja>N R. Cl.r ,
County Counsel (COIg'iON= SWQ
r of Californi.•n it by o+tls,t:tt ioxt,
Mrtttership, or DwILvidual)
mty of ) an
tho a eve or Devt�i i:r.'anct �sjati�'1:ix. i l:o mn tombs t termon (inditriclt� ) and offiJcer .
or parble-r (s) an stated above who .:it1:: -d this instrun-nt, pot�illy appwrod'before
uxl wknbwlodgw to an that he axec uttmI it and that the coxlxzat ion or' 1 111
A above etteattted it.
M9imm Wit" '
Nutiiiy L'Eric for cwcl Ctxmly ciixi•Stalxr
(Road Itaprovetmt Nruit. CCC Std. FOZR) .
ED 44 (rev. 7/78).
In the Board of Supervisors
OT
Contra Costa County, State of California
August 1 , i9 78
In the Matter of
Presentation with Respect to
Surcharges on Planning Fees
for Applications Considered
by Area Planning Commissions.
lir. Dean P. La Field, Executive Vice President, Associated
Building Industry of Northern California, having appeared this day
and submitted a statement to the Board objecting to surcharges on
planning fees for applications to be considered by the Orinda and
the San Ramon Area Planning Commissions;
IT IS BY THE BOARD ORDERED that receipt of the aforesaid
communication is ACKNOWLEDGED.
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an cider entered on the
minutes of said -card of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
cc : Mr. Dean P . La Field Supervisors
Director of Planning affixed this lst day of August . 1978
County Counsel
County Administrator
J. R. OLSSON, Clerk
By Ut-t�- f�'��-- Deputy Cleric
Vera Nelson
0044.2
H-24 4/77 15m
rr
7
�—, EAS: - O:VLS.'•ON
r- ....a_...� ,., �. 1... �, ,. ^,y (415) 444.37;' 14151 283-825'
T T_ (� Of Ncr:rcm Cah-'oma - 3452 b1t Diablo Boulevard = La`ave••e.Ca. 94549
R E C E 1 V L,/ Sti~temen t to the
CO-=- 1-3% COSTA COIJ�� E 2D, OF SUPEIRV_SORS
nU G / 1978 ont^e Matter of
SU?.C:ARGE CV APPLICA LION FEES
J. R. OLSSON O-R=A AND SRN R MON A?WA PZu-LL\T2KG C0—MISSIONS
CLERK BOARD OF SUPERVISORS by
„/CONTRA COSTA co. Dean P. La Field, ExeCut_ve Vice Presi dent
SOCIATED BUILDING L%'DliS= OF NO�2T_�'• T C_ T IF 0..yT_A
August 1, 1978
on JL'_v 5, 1978, by a 4-1 vote (Supervisor Fanden, no) you annroved
surcharges of 15/ and 30 on _olaruz_ng -fees for applications to be
considered by t'_^_e San Rano_. and Orin-da area Manning cOr=ni Ss=o'_nS,
respectyvely. ,'7e are strongly disturbed by and object to t7nJ s
decision and the ma_nmer in wrich it -gas made.
in our view, all of the circumstances related to this matter deserve
au:Olic spotlighting. r^tz=the_more, we would be termss in our respon-
sibi3'_tyto new housing consumers and the general nla'n14 C iL �qe d1d
not see that acco:nplis'ned.
First, our cor-mentS as t0 t'_^_e ma_1:E'y' =.T! Wi!1Ch t:n-6s decl.s?o_^_ Was !tilde
1. We, as interested varties, received no notice t_-•at t'he ma"-er
would be considered or acted upon at vo,,,� July 5 board
:^1e do : t t*!1-a- a.-.y other affected n ties knew.
2- Your board agenda for July 5 siy ply listed the fol-low--ng as
i tell 8 under "Determination_".
'1ME- MORANDUM from t_^_e Director of Planning discussi nCT
alternative funding for Area '_a_a_*'_.^_=ng CO??`_^2=SS_O_nS.
CONSIDER ACTION TO BE TAi•CEN."
3. We were permitted to publicly address your board fo?-,Owing
your discussion OL t_i.S a tem, and, as Vo': W411 reCa' , aS.ted
you to put the *.tatter over for a t-,-eek so that we -'-ro 11 d at
least =nave the benefit Of that s'_^_Ort time to consider t^e
proposal and to prov=de co.r ent to you. 01-,:.-- re—_ .esu Was not
gr an ted; and you promatly voted approval.
C. BV ta'.«zng action in this i S manner,� i n our opinion_nio_n Vo- are just?v
SL'.'A]e^t to challenge for acting unfairly and wi tZout due r_otice'
to affected parties. You i-mmosed fillrt'_^_er costs On citizen
acpl'_Cant.s and t_^_e home buy ncr p,.ab is without gi Si=n^ a_n.r cnn^_ '-
t�ar_ty for a resz)onse from those a==ec ted. - --
Second, O'...- co.,iments as to i-:,.e deci S=on itself, Etna tlnis bac"Cl o'J.nd
informat o'_'n-
1. Follo:a'^_g considerable d?Scusslon a.^_d debate by VOI,','_ board, tfie
Orznda and .�as`2 �a.;,�j, ?yBa nla.^�:.ng co:^4 SS4o_^_S fil'.ere a7.�_o'Ted 'iDv
a 3-2 max-a-4-n. (supervisors ra.^__e_— and Xenn T, no) . `I_^_?t.
Page 1 of 2
Microfilmed with board order 00443
COQ:'_A COS2 CO�'�ijn 30_ O'' S�?E?.VTSO S
S-=chargs on ?1pal cation Fees
Q.-n?ca c ?Q Sanai:0 c Ea p .a-I.— L'O ^_•.?.SS?O:?S
AizrUst i, 1970
Page 2 of 2
?•725 C_�_ned On the Condi4io-m ha—kL- the commissions would be fia-4,4
for a-tin general funds _n?:Lial y, and then the question77,:= '-^
c v0'te to ^,.e't�'rIP__^_E S'M e-'2e= Or not, res?de -s in those a-zeas
o7ould pav for t_nat "�Ocal control. " If not, the commission(s)
would cease to exist.
2. Fo?lowing the Pronosi_ion 131 vo the D;rector of Plan^_trg,
=es ponding to thei_m;Daci o' that vote, submit- detailed
;ecOrtS on -work progran a---d b'.Zdy^'r tar J adjL stmennt-5. One O' tis
_`_c coiimtendations was to discos?t:.nue Jot, area -ola_*`_ning COQ---S
sions, citing an annual ccs'%- of 519,9C0 for the San Ra"..on- mea
COPT_' fission, and $8,700 for the Ori---da Axea Comz,-ission.
3. SL'.bse',:f:..an`i V, t'Pe D-4—eC=o= Of Al ear nin j+ reS`.70?'_Se t0 your
direction to Pursue alternative souzaes of fine—ci.r_g fo_ tae
area COR:`ss=or.S, suggeS:..e the Sii Cla;Cfe gC'^_e }e �W i rr'_r� 'We did
n10t learn ur_tii after teaCt) .
Tn OL._ V'eW, VOLL decision to sustain the commissions, by mandato---v
SL rchwry^es is a_n ast-oul,d3_^_g, unfair, and biatan-i v Chi scrim'.iY±atory
action:
i. 'ovav is a_^ anplica^_t it those two areas
against si:7,p y to indulge local opt—J ons?
2. '"r_e add-tiC-a L fees, On t05 Of recent-11V drastically i:'_CreaSed
i'EAS (Lor iif-hick ?1e '_nave Vet t0 receive suJOOrti-ng da-la), r';_It e=
z--c=ease inflator.
:. '!~he decision represen-s a tart s'hif= at a tLme ?•7^eT t1he e.•;neCta-
ti on is a reduction 1.» go;Teri,?nent-al costs and yeCj•a a'=0n.
PerraSs the most telling comment of all. is that by t1ais actor v0u
create a "de'v_ce" to Cirvxmvent and icr--oi••e t:he intent`: or Pro;�-osi`io:'`_
i✓. it is C-es-al 1y acrF3e is - ' '"_TLr:c-'
0aoye - to
ecomomiZ.e, ..o --a--re •,.J ��IV-`:�_cos-s, -'a-7,�_ Yl tay •:�'J V��..C:Z^C�_�Jr..�'�.^
o
CO_.:O 5 sOr �P Q_ 'J=0'J T �uY =E'Ten=eS.
TinfortUnateiy, you have chosen to burden_ the ?-hong partes a t^ the
cost o= maL taming ?business as usual.
To=ay, the following actions by your board:
cancel the -o ev_ously approved surcharges'-
- - -
and,,
2. Place a measure On the NoverrDer 7, i973 ballot- in t=ie OrirMa
and San e On areas on the aueSt=Oi of in':_eC. ^_= Or not the
cil-izems Of `'lose areas W=sh the =,".r.iss=0_^_s retained c.t i e;'.
00441
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 1978
In the Matter of
Short Form Service Contract to
Provide Training and Orientation for
the Social Service Department's
"Foster Parent Education and
Orientation Training Program"
IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to
execute the following Short Form Service Contract for the provision of
training and orientation services to the Foster Parent Orientation Program
operated by the Social Service Department and under terms and conditions
as more particularly set forth in said contract:
Number: 20-206
Contractor: Sarah Korte
Term: 7/1/78 - 12/31/78
Payment Limit: $20
PASSED BY THE BOARD on August 1, 1978.
I hereby certif7 that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
Orig: Human Resources Agency Supervisors
Attn: Contracts & Grants Unit 1st August8
cc: County administrator affixed this day of 197
County Auditor-Controller
County Social Service J, R. OLSSON, Clerk
Contractor BDeputy Clerk
Karin King
Qm o044"
R-24 4/77 15m
SHORT FORM SEPWICE CONTRACT
J1. Contract Identification. Number 2 0 2 0 6
Department: Social Service
Se�ject: Foster Parent Education and Orientation Training Program
2. Parties. The County of Contra Costa, California (County) , for its Department named
above, and the following named Contractor mutually agree and promise as follows:
Contractor: Sarah Norte
Capacity: Self-employed individual
Address: 3 Monroe Court, Orinda, CA 94563
3. Term. The effective date of this Contract is Julv 1, 1978 and it
terminates December 31, 1978 unless sooner terminated as provided herein.
4. Termination. This Contract may be terminated by the County, at its sole discretion,
Upon five-day advance written notice thereof to the Contractor, or cancelled immediately
by written mutual consent.
5. Parent Limit. County's total payments to Contractor under this Contract shall not
exceed $ 20
6. County's Obligations. In consideration of Contractor's provision of services as
described below, and subject to the payment limit expressed herein, County shall pay
Contractor, upon submission of a•properly documented demand for payment in the manner
and form prescribed by County (Demand Form D-15) and upon approval of such demand by
the head of the County Department for which this Contract is made or his designee,
according to the following fee schedule:
O hour; or
FEE RATE: $ 10 per service unit: (X,k` session, as defined below; or
( ) calendar (insert day, week or month)
NOT TO EXCEED a total of two (2) service unit(s).
7. Contractor's Obligations. Contractor shall provide the following described services:
Consultation, specialized instruction and training in Foster Parent Education and
Orientation for County-selected persons in the time, place and manner required by
County, including the provision of any related materials and supplies. One session,
for payment purposes, shall be defined as the provision of at least two full hours
of such services. Contractor shall comply with the Special Conditions which are
attached hereto and incorporated herein by reference. This contract is subject to
the Special Conditions attached hereto.
S. Independent Contractor Status. This Contract is by and between two independent
contractors and is not intended to and shall not be construed to create the relationship
of agent, servant, employee, partnership, joint venture, or association.
9. Indemnification. The Contractor shall defend, save harmless and indemnify the Counts
and its officers, agents and employees from all liabilities and claims for damages for
death, sickness or injury to persons or property, including without limitation, all
consequential damages, from any cause whatsoever arising from or connected with the
Operations or the services of the Contractor hereunder, resulting from the conduct,
negligent or otherwise, of the Contractor, its agents or employees, t"X1Rgq =X#s-
a7�Y�Y�St:t�C:�t�ilg�GeL9C;{.l'�C X2CD�Xc�YH�x X�!�Y S�Q�`CJOXXJeA'G`i.'t�lG
10. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: California Government Code Sections 26227 and 31000. Title Y_X of
the U. S. Social Security Act as amended (P.L. 96-647); 45 CFR Section 228.84.
11. Signatures. Thsignatures attest the parties' agreement hereto:
CO= OF CALIFOM IA CONTRACTOR
y Designee
Recommended 7bDpartment '7 S�l/ 41 _ M0VC> p/(Designate o«ficial capacity)
By ✓ it'.L ��%(,' Ore
Designee (Form approved by County Counsel)
(A-4620 7/76) 00446
is
f ,
SPECIAL CONDITIONS
Number 1 0 " 2 00
1. Comaliance with Law. Contractor shall be subject to and comply with all
Federal, State and local laws and regulations applicable with respect to its'
performance hereunder, including but not limited to, licensing, employment and
purchasing practices; and wages, hours and conditions of employment.
2. Inspection. Contractor's performance, place of business and records
pertaining to this Contract are subject to monitoring, inspection, review and audit
by authorized representatives of the County, the State of California, and the United
States Government.
3. Records. Contractor shall keep and make available for inspection by 1
authorized representatives of the County, the State of California, and the United (t
States Government, the Contractor's regular business records and such additional !
records pertaining to this Contract as may be required by the County.
4. Retention of Records. The Contractor and County agree to retain all
documents pertaining to this Contract for three years from the date of submission
of Contractor's final payment demand under this Contract, and until all Federal/
State audits are complete and exceptions resolved for the funding period covered
by this Contract or for such further period as may be required by law. Upon I
request, Contractor shall make these records available to authorized representatives 1
of the County, the State of California, and the United States Government.
5. Confidentiality. Contractor agrees to comply and to require its employees
to comply with all applicable State or Federal statutes or regulations respecting
confidentiality, including but not limited to, the identity of persons served under I
this Contract, their records, or services provided them, and assures that: j
a. All applications and records concerning any individual made or kept by
Contractor or any public officer or agency in connection with the administration of
or relating to services provided under this Contract will be confidential, and will
not be open to e;amination for any purpose not directly connected with the administra—
tion of such service.
b. No person will publish or disclose or permit or cause to be published '
or disclosed, any list of persons receiving services, except as may be required in
the administration of such service. Contractor agrees to inform all employees,
agents and partners of the above provisions, and that any person knowingly and
intentionally disclosing such information other than as authorized by law may be
guilty of a misdemeanor.
6. Nondiscriminatory Services. Contractor agrees that all goods and services
under this Contract shall be available to all qualified persons regardless of age,
ses, .race, religion, color, national origin, or ethnic background, and that none
shall be used, in -hole or in part, for religious worship or instruction.
i
i
Initials: ~ _� X � '
ContractorCounty Dept. 1
- I
t
i
0044'
i
1
In tha Board of Supar/isors
of
Contra Costa Countyl State of California
August 1 19 78
In the Matter of
Approval of State Contract
#29-202-6 (State :=78-62279)
for Continuation of Family
Planning Services
IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to
execute State Department of Health Services Contract #29--202-6 (State
x78-62279) for a maximum of $350,000 in State fee reimbursement for
family planning services during the period 7/1/78 to 6/30/79.
PASSED BY THE BOARD on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Orig: Human Resources Agency Witness my hand and the Seal of the Board of
Attn: Contracts & Grants Unit Supervisors
cc: County Administrator affixed this 1st day of August i9 78
County auditor-Controller
County Health Department ,l, R. OLSSOrII Clerk
State Department of Health Services
By Deputy Clerk
-?��F7''I1T'n
g� 00445
H-24 4/77 15m
APP ED 13Y THE ❑ CONTRACTOR
MADARD AGREEMENT — AT WCV GENERAL • ❑ STATE AGENC`
STATE OF CALIFORNIA
STD. . .'I-L V 11;751 ❑ nEPT• OF CF N. S1 I.-
I I + ❑ CONTROLLI :1
.fIIIS AGREEMENT. made and entered into this 1st day of_ July . 1976 ❑
in the State of California, by and between State of California, through its duly elected or appointed. ❑
qualified and acting ❑
II ILI' Of OFFICFN ACTING FOR STATF AGENCY NUMEt ER
Deput:Ir Director Department of Health (Dept. of Health Services) 78-622'75-
herl9rfivr ctilird the. state.11nd —
County of Contra Costa 29 - 2, 02
it,•natfter cRlled the 0ontn11ar/r. _
WI.1'NE.SSI•TII: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State
hereinafter expressed. days hereby agree to furnish to the Slate services and materials, as follows:
No-I ItorIli sen•n•c to Ire. n•o11trrl•Il fly(:11111n11:IIor,nn11"Rlt III In!plid Contnxttllr,tiflu!If or purfrlrintrive for r•.rrnph:lion,111111 1rtel1111-phi►Is o11d sprclfictifinns,if ony.l
WHEREAS, pursuant to Chapter 1252 (SB 363) , Statutes of 1977, Department of Health Services
succeeds to and is vested with all the duties, povers, purposes, responsibilities and
jurisdiction of the program as they relate to this contract as of July 1,1978; and
WHEREAS, this contract is entered into pursuant to that certain memo from.the Secretary,
Health and Welfare Agency, and the Director of the Department of Finance, jointly to the
Director of the Department of General Services pertaining to contracts entered into before
July 1, 1978 but with an effective date on or after July 1, .1978; 'and
WHEREAS, this letter is on file with the Director of the Department of General. Services,
aho also approved this procedure;
THEREFORE, the parties agree follows:
1. The Contractor shall provide family planning services .to persons who voluntarily request
such services and are certified as eligible according to procedures established by the
Stater Family Planning services shall .be provided in accordance vith,the July 1, 1977
"Program Standards for Family Planning Services" published by the State, a copy of which
The provisions on the reverse side.• hereul constitute it part of this agreement.
IN 11•ITNE.SS 11'IIP.REOF• this agreement has Ix-ell executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA NTRACTOR
AUI CONTRACTOR it o AR tM OI VtOU AL,'STATC WM CT"CR A CORPORATION
Department of Health (Dept. of Health Servic Ir"'Cb"uii 5 ra Costa
1 1 •AUTHO111:Ft1 SIGNAT'JrC., BY IAU NATU REI
'I TLE TI'Tl. i
Deputy Director CHaT
gnARD QF _-UP"I 5s 13S
ADDRESS ..v6,.5..1y Pine Street-,
••J I,e.tl.. 1'. 0-._Sill.1 It., I-AC,e Ili AIIING NAME OI- CONTRACT OR, Martinez CA 94553
AMOtiNT LNCUMOLNf-O APP1tOr-'RIATION FUND
Department o/ General Services
Use ONLY S 350,000 Local Assistance General
UNI'.N CUMIIL41,91 UAI.ANCI ITEM CHAPTER STATUTFS [FISCAL YEAR
S 252 h 1978 1978-79
I..c..`. .Inc ,+, o...."•aI I-uric Tlo.: "Funding subject to approval of the
f 1978"
• .1.; .1,c... 1 1 INI 111-•J ALLOTMLNT
.5 810-230-36-00
II lu•lcDt c.-rllft• 11In.11 my nwti IwIs.atili I11PM'Ir9l1.- 16111 Lndl,rl.•,! hotel. R. NO.
OV��� wt.ot1'1111nhh• 1,,r tin-p11
,nti.,l.11811 Iwplrsc of Ilw e•xle-lididue•si
UoG d uln,vr•
•.A'ur.f Of AC!J nr Tiff, of rtcc-, GATE
►
I h.•tvin e,•rlift• 16111 till cnndlln.ns Ino erxcngltelnl set Inrth io ti1111e A1imimstttirive Manual Se:r•tion Ivit;
h11vr I"rcn cting1livil With 11ud this d111auteall is excaffn frlllu rvvicN fry• file oelKlrtment of Finunre.
$IGNAILrR Qr OF FISLtl.�J.II4 N��'SY9R^'e�t� HE AGENCY DATE
Mkwfilmed with board orefer ► approval.
off Finance app
i .
J. The• Contractor agrevs to indennaify, defend and save harmless the State, its officers, agents
f :incl c•riaployc•s from any and all claims and losses acenaing or resulting to any and all wntrtctors,
snhe•entrc•lors, anaterialmen, lalx►rers and any odwr person, firm or wrivration furnishing or
supplying work. services, malerials or supplies in c•rnmectio11 with the lx•rfonnanc•e of this"intract,
and from Mly and all claims mid losses ace-ruing or re-stalling to any lx•rsom, firm or corporation
who may Ix- injured or damaged by flit-Coulravlor in the lx•rfonnanev of this vootract.
2. The Contru•lor, and the age•uts :11td vmpluyees of Cotdru•tor, in the lwrformaw• of this
agreement, shall act in :11a imlelH•uelent capai•ily and 1101 as officers or employees or, agents ,of
State of Califonaia.
:1: I lie tilde may terminale this agreement and Ix- relieved of the payment of:nay consideration
to Contrte•tor should Contractor fail to Ix•rfonn the covenants herein contained at the.time and
io the manner herein provided. In the event of such termination the State may proceed,with the
,work in any manner dvc•med proper by the State: Thea cost to the State shall he deducted from
am• stun clue the Cootrc•tor uudcr this agreement, and the, balance, if any, shall be paid the
Contractor ulxm demand.
•1. Without the written consent of the State, this agreement is not assignable by Contractor,..
either in whole or in part.
5. Time is the essence of this agreement.
6. No alteration or variation of the terms of this contract shall be, valid unless made.in writing
and signed by the parties hereto,and no oral understanding or:agreement not incorporated herein,"
shall be binding;oo any of the parties hereto.
7. The conside•raliuu to !x• paid Coolravlor, as provided herein,-shall-lx! in compensation for
all of Contractors t•xlx uses incurred iu the lx•rfonn.11►ce here•e►f, iexlu(ling trivc) and-pear_,diem,...__...__........_,.
unhvss otherwise e•ximw%ly so provided.
• • -Page 2
County of Contra Costa
1Y- 62275
has been provided to the Contractor.
2. The period of this contract shall be from July 1, 1978 through June 30, 1979.
Award of this contract does not guarantee funding beyond this period.
3. The attached Exhibit "A"(F) entitled "Additional Provisions", consisting of five
pages, is made a part hereof by this reference. Items 9 and 10 do not pertain to
fee-for-service contractors.
k. In consideration of the above services performed in a manner acceptable to the State,
the State shall reimburse the Contractor not more frequently than monthly, after the
provision of services, upon submission of a claim in format prescribed by the State,
stating the time period covered and the contract number and agency name as indicated
above, at rates not in excess of those published in the "Schedule of Maxim=
Allowances for Medical and Related Services in Family Planning Programs for all
Counties", a copy of which has been provided to the Contractor. The Contractor
further agrees to submit claims for reimbursement in accordance with the "Instruc-
tions for Completing and Mailing Billing Forms and Certification of Eligibility
for Family Planning Servi-:--s", a copy of which has been provided to the Contractor.
The maximum amount payable hereunder by the State to the Contractor shall not exceed
$ 350,000
5. Funds paid under this program must be used to further and augment the family planning
program of the Contractor, and must be used in addition to funds received from other
sources of support for this purpose and not as a substitute for them. Agencies shall
be required to show that programs or caseloads have been appropriately expanded.
6. Charges of over $90 for any individual, exclusive of facilitating services, in an
11-month period will not be reimbursed unless prior written authorization has been
requested and received from the Office of Family Flanning.
T. Billings for reimbursement for services provided under this contract shall be
submitted to the State within three (3) months of the date services were
provided.
8. Contractor shall report all family planning visits under this program on a form provided
by the State, and agrees to comply with all reporting requirements established by the
State to administer this program. Such reporting shall be done in accordance with
"Reporting of Clinic Visits to the California Family Planning Reporting System -
Revision I", a copy of which has been provided to the Contractor. Reimbursement under
this contract is contingent upon full compliance with the reporting requirements.
9. If either party finds it undesirable to continue this =wee=ent, said Agreement may
be terminated by either party upon_ 30 days written notice to the other party.
10. For the purposes of this Agreement, voluntary, non.-emergency sterilization s all be
excluded from the family planning services provided '.herein-
00450
• • Page 3
,• County of Contra Costa
7,f- 6227;
11. Eligible recipients are to meet the requirements of Section '1O053.2 of the Welfare
and Institutions Code and any applicable federal or State eligibility requirements.
The State agrees to provide the Contractor with the instructions for certification of
eligibility for family planning services and to notify the Contractor of any changes
in eligibility requirements.
12. All publications listed in above items refer to the versions most recently published
by the Office of Family Planning and approved by the State, copies of which have
been provided to the Contractor.
13. In the event that the State determines from invoices, performance reports or other
information that the contract amount will not be fully depleted, the State may
make an adjustment in the form of an amendment to decrease the notal contract
amount. The agency will be notified of any such proposed adjustments prior to
implementation.
14. Contractor agrees to the provision of Section 504 of the Rehabilitation Act of
1973, as amended, pert:ming to the prohibition of discrimination against qualified
handicapped persons in all federally-assisted program or activities, as detailed
in regulations signed by the Secretary of FTV effective June 3, 1977, and found
in the Federal Register, Volume 42, No. 86, dated May 4, 1977.
15. The attached Exhibit "B" entitled "Prior to July 1, 1978 language" consisting of
one page is incorporated herein and made a part hereof by this reference in
recognition of both parties that the validity and effectiveness of this contract
are conditioned upon the availability of funds in the Budget Act of 1978.
00451
• • Exhibit A(F)
STATE OF CAUFORNU
DEPARTMENT OF HEALTH
ADDITIONAL PROVISIONS
(1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. The Contractor will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex or national origin. Such action shall
include, but not be limited to the following: employment, upgrading demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided
by the Contracting Officer setting forth the provisions of the Equal Opportunity clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or national origin.
(3) The Contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding a notice, to be
provided by the agency Contracting Officer, advertising the labor union or workers'representative
of the Contractor's commitments under this Equal Opportunity clause and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
(4) The Contractor will comply with all provisions of Federal Executive Order No.
11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of
Labor.
(5) The Contractor will furnish all information and reports required by Federal
Executive Order No. 11246 of September 24, 1965, and by the rules, regulations and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,records and accounts
by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
(6) In the event of the Contractor's noncompliance with the discrimination clause of
this contract or with any of such Federal rules, regulations, or orders, this contract may be
cancelled, terminated, or suspended in whole or in part and the Contractor may be declared
ineligible for further State contracts in accordance with procedures authorized in Federal Executive
Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Federal Executive Order No. 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The Contractor will include the provisions of paragraphs(1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to Section 204 of Federal Executive Order No. 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor
will take such action with respect to any subcontract or purchase order as the State may direct as a
00452
HAS 1197(4/76)
At
means of enforcing such provisions including sanctions for noncompliance — provided, however,
that in the event the Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the State, the Contractor may request in
writing to the State, who, in turn, may request the United States to enter into such litigation to
protect the interests of the State and of the United States.
( 8) Any reimbursement for necessary traveling expenses and per diem shall be at rates
not to exceed those applicable to reb.ilar State employees under State Board of Control rules. No
travel outside the State of California shall be reimbursed unless prior written authorization is
obtained from the State.
( 9) All equipment, material, supplies, or property of any kind purchased from funds
advanced or reimbursed under the terms of this agreement and not fully consumed in the work
described herein shall be the property of the State.At the time of purchase of equipment under the
terms hereof the Contractor shall submit a list of such equipment in accordance with the
instructions and format contained in the attached Exhibit A-1. Contractor shall at the request of
the State, submit an inventory-6-f equipment purchased under the terms of this contract or any
predecessor contract for the same purpose. Such inventory will be required not more frequently
than annually. At the close of the project covered by this agreement the Contractor shall provide a
final inventory to the State and shall at that time query the State as to the disposition of said
equipment. Final disposition of such equipment shall be in accordance with instructions from the
State to be issued immediately after receipt of the final inventory and request for disposition
instructions.
(10) Prior authorization in writing by the State will be required before the Contractor
will be reimbursed for any purchase order or subcontract exceeding $1,000 for any articles,
supplies, equipment or services or for any fee, or other payment, for consultation of one hundred
fifty dollars ($150) or more per day. The Contractor must provide in its request for authorization
all particulars necessary for evaluation of the necessity or desirability of incurring such cost, and as
to the reasonableness of the price or cost. For purchase of any item exceeding such minimum dollar
amount, three competitive quotations must be submitted with the request, or the absence of
bidding must be adequately justified. The Contractor must include in a written agreement with the
vendor, or the subcontractor the following clause:
"Name of Vendor or Subcontractor) agrees to maintain and preserve, until three
years after termination of (Contractor's name)'s agreement with the State of
California, and to permit the State of California or any of its duly authorized
representatives to have access to and to examine and audit any pertinent books,
documents, papers and records of (Name of Vendor or Subcontractor) related to
this (purchase order) or(subcontract)."
The terms "purchase order" and "subcontract" as used in this paragraph (10) only,
excludes: (a) purchase orders not exceeding $1,000; and (b) subcontracts or purchase orders for
public utility services at rates established for uniform applicability to the general public-
0 1)
ublic.01) All personnel employed by the Contractor under this contract shall meet the
standards of training and experience required for comparable positions in State employment, as
determined by the State. If the Contractor maintains a local merit or civil service system,then the
personnel employed under the budget shall be subject thereto, providingsystem is
'
generally comparable to standards with the State civil service system as determtate.
-2-
• ! Exhibit A(F)
(12) Examination of Records
(a) The Contractor agrees to maintain books, records, documents, and other
evidence pertaining to the costs and expenses of this contract (hereinafter collectively called the
"records") to the extent and in such detail as will properly reflect all net costs,direct and indirect,
of labor, materials, equipment, supplies and services and other costs and expenses of whatever
nature for which reimbursement is claimed under the provisions of this contract.
(b) The Contractor agrees to make available at the office of the Contractor at all
reasonable times during the period set forth in subparagraph (c) below any of the records for
inspection, audit or reproduction by an authorized representative of the State.
(c) The Contractor shall preserve and make available his records(i) for a period of
four years from the date of final payment under this contract, and (ii) for such longer period, if
any,as is required by applicable statute, by any other clause of this contract, or by subparagraphs 1
or 2 below.
1. If this contract is completely or partially terminated, the records relating
to the work terminated shall be preserved and made available for a period of three years from the
date of any resulting final settlement.
2. Records which relate to (i) litigation or the settlement of claims arising
out of the performance of this contract, or (ii) costs and expenses of this contract as to which
exception has been taken by the State or any of its duly authorized representatives, shall be
retained by the Contractor until disposition of such appeals, litigation, claims, or exceptions.
(d) Except for the records described in subparagraph (c) 2 above, the Contractor
may in fulfillment of his obligation to retain the records as required by this clause substitute
photographs, microphotographs, or other authentic reproductions of such records, after the
expiration of two years following the last day of the month of reimbursement to the Contractor of
the invoice or voucher to which such records relate, unless a shorter period is authorized by the
State or its duly authorized representative.
(13) A final invoice and, if required by this contract, a final report shall be submitted by
the contractor within 45 days after the termination date hereof except as may be otherwise
specified herein. If a final report is required by this contract final payment hereon shall be withheld
until after receipt by the State of an acceptable report.
(14) Any inventions made in the course of or under this contract shall be promptly and
fully reported to the Chief Deputy Director, California State Department of Health. Patent
applications shall not be filed on such inventions without the prior written consent of the
aforementioned individual.
(15) Officials Not to Benefit
No member of or delegate to Congress or the State Legislature shall be admitted to
any share or part of this contract, or to any benefit that may arise therefrom; but this provision
shall not be construed to extend to this contract if made with a corporation for its general benefit.
-3-
00451
(16) Covenant Against Contingent Fees
The Contractor warrants that no person or selling agency has been employed or
retained to solicit or secure this contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Contractor for the purpose of securing business.
For breach or violation of this warranty the State shall have the right to annul this contract without
liability or in its discretion to deduct from the contract price or consideration, or otherwise recover,
the full amount of such commission, percentage, brokerage, or contingent fee.
(17) Inspection
The State, through its authorized representatives, has the right at all reasonable
times to inspect or otherwise evaluate the work performed or being performed hereunder and the
premises in which it is being performed.
(18) Nondiscrimination in Services, Benefits,and Facilities
The Contractor will not discriminate in the provision of services because of race,
color, creed, national origin, sex, age, or physical or mental handicap in accordance with Title VI of
the Civil Rights Act of 1964, 42 U.S.C. Section 2000d, rules and regulations promulgated pursuant
thereto, or as otherwise provided by state and federal law. For the purpose of this contract,
distinctions on the grounds of race, color, creed, or national origin include but are not limited to
the following: denying a participant any service or benefit or availability-of a facility;providing any
service or benefit to a participant which is different, or is provided in a different manner or at a
different time from that provided to other participants under this contract;subjecting a participant
to segregation or separate treatment in any matter related to his receipt of any service;restricting a
participant in any way in the enjoyment of any advantage or privilege enjoyed by others receiving
any service or benefit; treating a participant differently from others in determining whether he
satisfied any admission, enrollment quota, eligibility, membership, or other requirement or
condition which individuals must meet in order to be provided any service or benefit; the
assignment of times or places for the provision of services on the basis of the race, color, creed, or
national origin of the participants to be served. The Contractor will take affirmative action to
ensure that intended beneficiaries are provided services without regard to race,color, creed, national
origin, sex, age, or physical or mental handicap.
(19) Procedure for Complaint Process
The Contractor agrees that complaints alleging discrimination in the delivery of
services by the contractor or his or her subcontractor because of race, color, national origin, creed,
sex, age, or physical or mental handicap, will be resolved by the State through the Department of
Health's Affirmative Action Complaint Process.
-4-
00455
• • Exhibit A (F)
(20) Notice of Complaint Procedure
The Contractor shall, subject to the approval of the Department of Health, establish
procedures under which recipients of service are informed of their rights to file a complaint alleging
discrimination or a violation of their civil rights with the Department of Health.
(21) Only Applicable to Hospitals
The Contractor will not discriminate against the intended beneficiaries of funds
monitored by the State because of race, color, creed, national origin, or sex, in accordance with
Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, rules and regulations promulgated
pursuant thereto, or as otherwise provided by law. The Contractor will take affirmative action to
ensure that intended beneficiaries are provided services without regard to race, color, religion,sex,
or national origin. Such action shall include, but not be limited to the following: advertisement
conspicuously displayed advising the public that emergency health services are available without
regard to race, color, religion, sex, or national origin and without regard to ability to pay.
(22) Only Applicable to Hospitals Accepting Medi-Cal Patients
The Contractor will not discriminate against the intended beneficiaries of funds
monitored by the State because of race, color, religion, sex, or national origin in accordance with
Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, rules and regulations promulgated
pursuant thereto, or as otherwise provided by law. The Contractor will take affirmative action to
ensure that intended beneficiaries are provided services without regard to race, color, religion, sex,
or national origin. Such action shall include, but not be limited to the following: advertising
conspicuously displayed advising the public that Medi-Cal serviccs are available to the public
without regard to race, color, religion, sex, or national origin.
00456
-5-
}
Exhibit No.:
STATE OF CALIFORNIA
DEPARTMENT OF HEALTH
Prior to July 1, 1978 Language
(1) It is mutually understood between the parties that this contract may have been written
and executed prior to July 1, 1978 for the mutual benefit of both parties in order to
avoid program and fiscal delays which could occur if the contract were executed after
July 1, 1978.
(2) This contract is valid and enforceable only if sufficient funds are made available by the
Budget Act of 1978, for the fiscal year 1978-79 for the purposes of this program. In
addition, this contract is subject to any additional restrictions, limitations or conditions
enacted by the Legislature and contained in the Budget Bill or any statute enacted by the
Legislature which may affect the provisions, terms or funding of this contract in any
manner.
(3) It is mutually agreed that if the Budget Act of 1978 does not appropriate sufficient
funds for the program, this contract shall be invalid and of no further force and effect.
In this event the State shall have no liability to pay any funds whatsoever to the
contractor, or to furnish any other considerations under this contract and the contractor
shall not be obligated to perform any provisions of this contract.
HAS 1216(2/78) 00457
t
• In the Board of Supervisors
of
Contra Costa County, State of California
August 1 . 19 78
In the Matter of
Prepaid Health Plan
(Key Plan) State Contract Extension
IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to
execute Department of Health Services Contract Amendment X676-56983A-6
(County #29-609-6) for extension of County Prepaid Health Plan (Key Plan)
services during the period September 1, 1978 to December 31, 1978 with an
additional funding allocation of $1,195,952 for a total of $6,571,729
during the two year contract period and with no other substantive change
in terms and conditions.
PASSED BY THE BOARD on August 1, 1978.
1 hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said board of Supervisors on the date aforesaid.
Orig: H:m:an Resources Agency Witness my hand and the Seal of the Board of
Attn: Contracts & Grants Unit Supervisors
cc: County Administrator affixed this 1st day of August 19 78
County Auditor-Controller
County Health Department
State Department of Health J. R. OLSSON, Clerk
Services gy Q i -,cam;k Deputy Clark
ar-n King
�U45
m
H-24 4/77 ?5m
❑ CONTRACTOR
_ ST`IMDARD AGREEMENT — APPROVED Y GC_NE HAL rI
I J STATE AGENCY
ST T[;)F"CALIFORNIA ❑
ST:. 2 REV. 11/751
DEPT. OF GEN. SER.
T I
❑ CONTROLLER
THIS AGREEMENT, made and Catered into this 13th day of July ' 1978 ❑
in the State of California, by and between State of California, through its duly elected or appointed, ❑
qualified and acting
WrLE OF OFFICER ACTING FOR STATE AGENCY NUM13 ER
Chief Deputy Director State Department of Health Services 76-56983-A6
•Ircl.
for culled till:stuto,and 29 - 6 Iti
County of Contra Costa
renfter Called the.cofilntctor.
XITNESSI TH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State
wreinafter expressed, does hereby agree to furnish to the Stale services and materials, as follows:
'.et forth sl:rvico hl he rendered by Contructor,arnolint to he pad(:Rnlractor.time for(xxfornpnuca fir completion,rind attuc:h plans find six!(:ific(rtioffs,if filly.)
AMENDMENT A6 TO CONTRACT NO. 76-56983 BETWEEN COMITY OF CONTRA COSTA AND THE STATE OF
CALIFORNIA.
WHEREAS, The State of California and County of Contra Costa entered into a contract for
prepaid health services, dated December 30, 1977, and subsequently amended on May 15, 1977
and May 25, 1977, and July 1 , 1977, and January 1 , 1978, and March 13, 1978, and;
WHEREAS, it is in the interest of all parties to extend this contract,
NOW, THEREFORE, the contract is amended effective September 1 , 1978 as fAPPROVED
�i ontracts Administrat-or
1. Article IV, Section A is amended to read: ,��
ham+«
"A. This contract shall become effective on January 1 , 1977 and shall continue in
Hic provisions on the reverse side hereof constitute a part of this agreement.
1CITNL•'SS WHEREOF. this agreement has been executed by the parties hereto, upon the date first alcove written.
STATE OF CALIFORNIA ONTRACTOR
..1.NCN CONTRAC V,�AVontra
AN AN INDIVIDUAL, STATC v.NrTNC;1 A CORPORATION
State Department of Health Services PARTN'66 Costa
•AU1101:1:rD SIGNAiURrI UYdor
{A I�_ I 1. i1GNATURr1
A. I.Schroder
LI TI Lr_
Chief Deputy Director Chairman , Board of Supervisors
_ ADDAdm•inistration Building, 651 Pine Street
itt:TINU rD ON_SR•rC 7`.. LAC.. C1t".ARING NA--IF OF CONTRA f TO RI 1
AMOUNT- ENCUMar RED ARPROf1R1A11Or4FUND
Deportment o/General Services
Use ONLY S 1 ,472,997 76/ 7 Section 141 WSI Co Health Care Deposit
UfJrNCJnIII I"PCD UALANCpC ITCf.1 r11 l.1•*r.rt StATU'1," , FISCAL YEAR
1,10Z,212 /
:`l. thf,a,• ... ,5 l I.I.AN[I. F'UNC I I0t1
S 1 , 195,952 78/79
AD). Dt car A•.I•. I,.h. 111--NCC L: .L Tr,.. . .
—0—
r.0"n.
U�45� 1 1.ot.11 1 I•r:I.t Ow j rl' llo n prr null! 6untrff,hy• tL rt hullt:rt,vl t., f _
�lurl•at'utluhfl• !.,r thl• l,rttlNf and putpnsr,1! 16, tt„a lr7 u. •.tut.•Il a(Nlt/•
1�
I h•R 1ht fhw ,t11 crndtttans 1•.t.r,rr,ptll •:I•t II,rtfh In .ti tall ad:nnu`.uvtic,• :!u:,,:r:: 51 corn t3o9
hatR)• 1.•,•u '.IDttlnvf Irith utRl Ihc.dl uwl•:II r. 1 t,uq,t Inml nrt'R:n h; t!• 11,;:urho.:I: n(Prnonrr.
41V . UI ]Rf ICLI, 1,IGNING ON 1•f_IIAI.I 11,I •:GLNCY (iAlf
I�f lcno t t I m wt oor order
F L,11-w?Contractor agrees to inclemnify, defend and save harmless the State, its officers, agents
and emplioyet front any and all claims and losses uceruing or resulting to any and all contractors,
subcontractors, materialrnen, laborers and any other person, firm or corporation furnishing or
supplying work,services,materials or supplies in c'cmncc•tiuu with the performance of this contract,
and from :any and all claims and losses accruing or resulting to any person, firm or rnrporation. .
me•ho may he injured or damaged by the Contractor in the performance of this contract.
•l..The Contrac(or, and the agents and vinplovVes.of Contractor, in the performance (if. this
agme'ment, shall ac•t in an independent capacity and not :as officers or employees or :agents of
State of C Aiforni:a.
3. The State may terminate this agreement and be relie•vccl of.the.paynwnt of:any wnside•ration
to Contractor should Contractor fail to po-rforan the covenants herein contained at the tine and
in div manner here•iu provided. In the event of such.tc•nnivation the Stater may proceed with the• .
work in :u» manncr cleemed proper by the State. The cost to the State ~hall be deducted from
any sum dne the Contractor under this agreement, and the balance, if any, shall he paid the-
Contractor utirn clemand.
4. Without the• written cvtx•nt of the State, this agrce•me•nt is not assignable by Contractor
eithe-r'in whole or in part.
5. Time is the essence of this agn•ement.
6. No alteration or variation of the terms of this contract shall be. valid unless oracle in writing
and signed by the parties here•tee, and no oral understanding or agreement not incorporated herein,
shall he binding on:t►%'of the parties hereto.
7. The consideration to lir paid Contractor, as provided herein, shall he in compcnsation;.for
all of Contractors vxpvuseM incurred .in the perforniance• hereof, includinb..trayel and.per diirm,..
unless otherwise expressly so provided.
County of Contra Costa -2-
full force and effect through December 31, 1978
2. Article X. Section A is amended to read:
"A. The maximum amount payable for the 1976-77 fiscal year ending
June 30, 1977 stall not exceed $1,472.997.00.
The maximum ameun t payable for the 1977-78 fiscal year ending
June 30, lq,,3 shall not exceed $3,302,212.00.
The maximum amount payable for the 1978-79 fiscal year ending
June 30, 1979 shall not exceed $1,796,520.00.
The maximum amount payable under this. contract shall not exceed'
$6,571,729.00."
3. Article X, Sectiun D is an-ended to read:
D. The capitation payment rates under this contract are set by the
Vapartment on a yearly basis in conjunction with the passage of the
qudge:t Act of the State of Cal i font i i. They may be amt-nded un or
after July 1 , 197: in conjunction v:ith the passage of the 107E-79 Budget
Act, to beco+Te. those uniform capi t.ition rates'es tab t i shed by the
Npartmen t, .,r IIl i cat,le to the county' i'ri'r:h i ch the. Can tr;utor operates.
Such an amendr.,en t shall be approved by the Department of General
Services before taking eifeet. In the event that any such .Vnndment
is entered into which increases or de_c,rea-•e•, capitation payment rates
in conjunction tvi th the passage of the 1918-79 Budget Act, such
payment rates shat 1 be effective as of July 1 , 1978. if there is
any delay ir. the; payment of such new rates, continued payment of
the rates in effect at that time the delay occurred shi-11 be interim
payment only and shall be subject to increase or decrease to the level
of the new rato-s retroactive to .lily 1, 1978."
Q046O
County of Contra Costa -3-
artici e 1.1—L. Section M is added to read:
"M. Contractor Risk Limitation - Terminate the contractor's financial
liability to provide covered services to an enrollee on a risk basis
in those situations where, during the 12-month period beginning
July 1, 1977 and ending June 30, 1978, or during any succeeding
12-month period commending July 1 and ending June 30, the enrollee
has received medically necessary covered services from the contractor
in an amount in excess of $10,000, based on Medi-Cal schedules of
reimbursement and exclusive of payments recovered by the contractor
from third-party payors. The Department will receive and price
contractor claims for reimbursement and reimburse the contractor
for the amount in excess of $10,000. Affected enrollees will not
be disenrolled because of their need for services in excess of $10,000
and the contractor will be responsible to arrange and pay for medically
necessary health care for such enrollees. Contractor payment for the
continuing care to such enrollees will be subsequently reimbursed by
the Department, based on Medi-Cal schedules of reimbursement and
exclusive of payments recovered by the contractor from third party
payors,upon contractor's submission to the Department of appropriately
documented, supplemental claims for services provided during the
12-month period specified above."
5. Effective July 1, 1978, Article II, Section F is hereby amended to read:
"F. "Department" means the State Department of Health Services."
6. Effective July 1, 1978, Article II, Section G is amended to read:
"G. "Director" means the Director of the State Department of Health Services."
00461
e
• County of Contra Costa -4-
7. Article III , Section .ti is hereby added to read:
"M. Pursuant to Cnapter 1252 (SO-367) , Statutes of 1977, the Department of
Health Service!: succeeds to and is vested with all the duties, powers,
purposes, responsibi li ties and jurisdiction of the Departr.-.ent of Health
as they relate to this contract effective July I , 1978."
8. All rights, duties, obligations, and liabilities of the parties under this
contract otherwise remain unchanged.
oo462
N
in the Board of Supervisors
of
Contra Costa County, State of California
August 1 - 19 78
In the Matter of
Approval of Renewal
Contract r"26-004-5
for Electromyographic Services
IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to
execute Contract #26-004-5 with Katharine B. Robertson in the amountlof
$9,240 for Electromyographic services for County Medical Services during
the period July 1, 1978 to June 30, 1979.
PASSED BY THE BOARD on August 1, 1978 .
I hereby certify that the foregoing is a true and correct co" of on order entered On the
minutes of said Board of Supervisors on the dole aforesaid.
Orig: Human Resources Agency Witness my hand and the Seal of the Board Of
Attn: Contracts & Grants Unit Supervisors
cc: County Administrator affixed this--l—st day Of_August__-.., 19-2-L
County Auditor-Controller
County Medical Services J. R. OLSWN, Clerk
Contractor
State of California-PHP By C'd)
Karin King Clerk
at*
jm 0040
H-24 4/77 15m
Contra Costa County StandardForm
STANDARD CONTRACT �- . --
(Purchase of Services)
1. Contract Identification. Number 26-004-5
Department: Medical Services 26 - 004 - 5
Subject: Electromyograph services
2. Parties. The County of Contra Costa California (County), for its Department named '
above, and the following named Contractor mutually agree and promise as follows:
Contractor: KATHARINE B. ROBERTSON
Capacity: An individual
Address: 2925 Monument Boulevard, #129, Concord, California 94520
3. Term. The effective date of this Contract is July 1. 1978 and it
terminates June 30. 1979 unless sooner terminated as provided herein.
4. Payment Limit. County's total payments to Contractor under this Contract shall not
exceed $ 9,240
5. County's Obligations. County shall make to the Contractor those payments described
in the Payment Provisions attached hereto which are incorporated herein by reference,
subject to all the terms and conditions contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out
that work described in the Service Plan attached hereto which is incorporated herein by
reference, subject to all the terms and conditions contained or incorporated herein.
7. General and Special Conditions. This Contract is subject to the General Conditions
and Special Conditions (if any) attached hereto, which are incorporated herein by
reference, and Attachment. 1, Prepaid Health Plan Subcontract Requirements, attached
hereto and incorporated herein by reference.
8. Project. This Contract implements in whole or in part the following described
Project, the application and approval documents of which are incorporated herein by
reference: Not Applicable
9. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: California Government Code 31000.
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF N A CALIFORNIA CONTRACTOR
1. L Schroder
By ByargJAM
Chairman, Board of Supervisors
(Designate official capacity in business
Attest: J. R. Olsson, County Clerk and affix corporation seal)
State of California )
By County of Contra Costa ) ss.
A4 i"
Deputy
ACKNOWLEDGEMENT (CC 1190.1)
The person signing above for Contractor
Recommended by Department known to me in those individual and
business capacities, personally appeared
before me today and acknowledged that he/
By 4r �V7iC they signed it and that the corporation
Designee or partnership named above executed the
within instrument pursuant to its bylaws
or a resolution of its board of directors.
Form Approved: County Counsel
FORM APPROVED Dated
NRA Contracts Adn nistrator _
By. ,/V 1 -�.- It 1
ByDes;gnee Deputye�; �O
.� Deputy County Clerk
Microfilmed with b E►ZACI:TF1 P, HUTCHINS
or � C" . G0C_E;
�i!iY i -w
.
(A-4617 REV 6/76) Contra Costa County, Caliornia
r Contra Costa County Standard Form
1
PAYMENT PROVISIONS
(Fee Basis Contracts)
Number 26-004-5
2 - 004 - 5
1. Payment Amounts. Subject to the Payment Limit of this Contract and subject
to the following Payment Provisions, County will pay Contractor the following fee:
[Check one alternative only.]
[ ] a. $ monthly, or
[X] b• $ 10.00 per unit, as defined in the Service Plan, or
[ J c. $ after completion of all obligations and conditions
herein and as full compensation for all services, work, and expenses
provided or incurred by Contractor hereunder.
2. Payment Demands. Contractor shall submit written demands monthly or as
specified in 1. (Payment Amounts) above, for payment in accordance with Paragraph 1.
(Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and
in the manner and form prescribed by County. Contractor shall submit said demands
for payment for services rendered no later than 90 days from the end of the month
in which said services are actually rendered. Upon approval of said payment demands
by the head of the County Department for which this Contract is made or his designee,
County will make payments as specified in Paragraph 1. (Payment Amounts) above.
3. Right to Withhold. County has the right to withhold payment to the Contractor
when, in the opinion of the County expressed in writing to the Contractor, (a) the
Contractor's performance, in whole or in part, either has not been carried out or is
insufficiently documented, (b) the Contractor has neglected, failed or refused to
furnish information or to cooperate with any inspection, review or audit of its
program, work or records, or (c) Contractor has failed to sufficiently itemize or
document its demand(s) for payment.
4. Audit Exceptions. Contractor agrees to accept responsibility for receiving,
replying to, and/or complying with any audit exceptions by appropriate County, State,
or Federal audit agencies occurring as a result of its performance of this Contract.
Contractor also agrees to pay to the County within 30 days of demand by County the
full amount of the County's liability, if any, to the State and/or Federal government
resulting from any audit exceptions, to the extent such are attributable to the
Contractor's failure to perform properly any of its obligations under this Contract.
0046
(A-4619 REV 6/76)
SERVICE PLAN �
Number 2 "j _ O O 4 a 5
The Contractor represents that she is a qualified professional electromyographic
technician and will continue to be so qualified and eligible throughout the term of
this Contract. The Contractor shall provide electromyographic services for the County
Medical Services, which shall include executing and reading electromyographic (EMG)
examinations. Contractor. will provide service at times and in the manner to best
serve County Medical Services.
A unit for payment purposes, as referenced in the Payment Provisions, paragraph 1,
Payment Amounts, is one hour of electromyographic services.
SPECIAL CONDITIONS
1. Paragraph 19, Insurance, of the General Conditions is modified as follows:
"19. Insurance. During the entire term of this Contract and any extension or
modification thereof, the Contractor shall keep in effect insurance policies meeting
the following insurance requirements:
(1) A policy of comprehensive liability insurance coverage for owned
and non-owned automobiles naming the County and its officers and employees
as additional insureds, with the following minimum limits:
$25,000 for each person and $50,000 for each accident or occurrence for all
damages arising out of death, bodily injury, sickness or disease, from any
one accident or occurrence, and
(2) A policy of contractual professional liability insurance against
errors or omissions performed in the practice of Contractor's profession,
with limits of $200,000 for each claim and $600,000 aggregate during the
policy period, naming Contra Costa County Hospital as additional insured.
b. Additional Provisions. The policies shall include a provision for ten
(10) days written notice to County before cancellation or material change
of the above-specified coverage. Said policies shall consitute primary
insurance as to the County, the State and Federal Governments, their
officers, agents, and employees, so that other insurance policies held
by them shall not be required to contribute to any loss covered under
the Contractor's insurance policy or policies. Not later than the
effective date of this Contract, the Contractor shall provide the County
with a certificate(s) of insurance evidensing the above liability insurance."
2. Cost-of-Living Increase. In the event that a cost-of-living increase for the
1978-79 fiscal year is provided for employees of the State of California, and if
permitted under Government Code 516280, the parties may agree to a cost-of-living
increase payable to Contractor and amend this contract accordingly.
Initials:
Contractor County Dept.
OV4b(Ol
�a
Contra Costa County Standard Form
GENERAL CONDITIONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply with all Federal,
State and local laws and regulations applicable with respect to its performance hereunder,
including but not limited to, licensing, employment and purchasing practices; and wages,
hours and conditions of employment.
2. Inspection. Contractor's performance, place of business and records pertaining
to this Contract are subject to monitoring, inspection, review and audit by authorized
representatives of the County, the State of California, and the United States Government.
3. Records. Contractor shall keep and make available for inspection by authorized
representatives of the County, the State of California, and the United States Government,
the Contractor's regular business records and such additional records pertaining to this
Contract as may be required by the County.
4. Retention of Records. The Contractor and County agree to retain all documents
pertaining to this Contract for three years from the date of submission of Contractor's
final payment demand or final Cost Report (whichever is later) under this Contract, and
until all Federal/State audits are complete and exceptions resolved for the funding
period covered by this Contract or for such further period as may be required by law.
Upon request, Contractor shall make these records available to authorized representatives
of the County, the State of California, and the United States Government.
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at their
sole discretion, upon thirty-day advance written notice thereof to the other, or
cancelled immediately by written mutual consent.
b. Failure to Perform. The County, upon written notice to Contractor, may
terminate this Contract should the Contractor fail to perform properly any of its
obligations hereunder. In the event of such termination, the County may proceed with
the work in any reasonable manner it chooses. The cost to the County of completing
Contractor's performance shall be deducted from any sum due the Contractor under this
Contract.
c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event
that Federal, State, or other non-County funding for this Contract ceases, this Contract
is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed
upon by the parties. Except as expressly provided herein, no other understandings,
oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
7. Further Specifications for Operating Procedures. Detailed specifications of
operating procedures and budgets required by this Contract, including but not limited
to,monitoring, auditing, billing, or regulatory changes, may be developed and set
forth in a written Informal Agreement entered between the Contractor and the County.
Such Informal Agreements shall. be designated as such and shall not be amendments to
this Contract except to the extent that they further detail or clarify that which is
already required hereunder. Such Informal Agreements may not enlarge in any manner
the scope of this Contract, including any sums of money to be paid the Contractor as
provided herein. Informal Agreements may be approved and signed by the head of the
County Department for which this Contract is made or his designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a
written document executed by the Contractor and the Contra Costa County Board of
Supervisors or, after Board approval, by its designee, subject to any required State
or Federal approval.
b. Administrative amendments. Subject to the Payment Limit, the Payment
Provisions and the Service Plan may be amended by a written administrative amendment
executed by the Contractor and the County Administrator or his designee, subject to
any required State or Federal approval, provided that such administrative amendments
may not materially change the Payment Provisions or the Service Plan.
00461
(A-4616 REQ' 6/76) -1-
Conrra Costa County Standard Form
GENERAL Cl):OPTIONS ' f
(Purchase of Services)
9. Disputes. Disagreements between the County and Contractor concerning the
meaning, requirements, or performance of this Contract shall be subject to final
determination in writing by the head of the County Department for which this Contract
is made or his designee or in accordance with the applicable procedures (if any)
required by the State or Federal Government.
10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and
construed in accordance ..ith the laws of the State of California.
b. Any action relating to this Contract shall be instituted and prosecuted
in the courts of Contra Costa County.
11. Conformance with Federal and State Regulations. Should Federal or State
regulations touching upon the subject of this Contract be adopted or revised during
the term hereof, this Contract shall be amended to assure conformance with such
Federal or State requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General
Conditions, inspections or approvals, or statements by any officer, agent or employee
of the County indicating the Contractor's performance or any part thereof complies
with the requirements of this Contract, or acceptance of the whole or any part of
said performance, or payments therefor, or any combination of these acts, shall not
relieve the Contractor's obligation to fulfi'_1 this Contract as prescribed; nor shall
the County be thereby estopped from bringing any action for damages or enforcement
arising from any failure to comply with any of the terms and conditions hereof.
13. Subcontract and Assignment. This Contract binds the heirs, successors,
assigns and representatives of Contractor. -he Contractor shall not enter into
subcontracts for any work contemplated under this Contract and shall not assign this
Contract or monies due or to become due, without the prior written consent of the
County Administrator or his designee, subject to any required State or Federal approval.
14. Independent Contractor Status. This Contract is by and between two independent
contractors and is not intended to and shall not be construed to create the relationship
of agent, servant, employee, partnership, joint venture or association.
15. Conflicts of Interest. Contract^r -^romises and attests that the Contractor
and any members of its governing body shall avoid any actual or potential conflicts of
interest. If Contractor is a corporation, Contractor agrees to furnish to the County
upon demand a valid copy of its most recently adopted bylaws and also a complete and
accurate list of its governing body (Board or Directors or Trustees) and to timely
update said bylaws or the list of its governing body as changes in such governance
occur.
16. Confidentiality. Contractor agrees to comply and to require its employees
to comply with all applicable State or Federal statutes or regulations respecting confi-
dentiality, including but not limited to, the identity of persons served under this
Contract, their records, or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by
Contractor or any public officer or agency in connection with the administration of or
relating to services provided under this Contract will be confidential, and will not be
open to examination for any purpose not directly connected with the administration of
such service.
b. No person will publish or disclose or permit or cause to be published or
disclosed, any list of persons receiving sere=-es, except as may be required in the
administration of such service. Contractor agrees to inform all employees, agents
and partners of the above provisions, and that any person knowingly and intentionally
disclosing such information other than as a�i:horized by law may be guilty of a
misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services
under this Contract shall be available to all cualified persons regardless of age,
sex, race, religion, color, national origin, or ethnic background, and that none
shall be used, in whole or in part, for religious worship or instruction.
(A-4616 REV'6/76) -2- ,
Contra Costa County Standard Form
GENERAL CONDITIONS
(Purchase of Services)
18. Indemnification. The Contractor shall defend, save harmless and indemnify the
County and its officers, agents and employees from all liabilities and claims for damages
for death, sickness or injury to persons or property, including without limitation, all
consequential damages, from any cause whatsoever arising from or connected with the
operations or the services of the Contractor hereunder, resulting from the conduct,
negligent or otherwise, of the Contractor, its agents or employees.
19. Insurance. During the entire term of this Contract and any extension or
modification thereof, the Contractor shall keep in effect insurance policies meeting
the following insurance requirements unless otherwise expressed in the Special
Conditions:
a. Liability Insurance. The Contractor shall provide a policy or policies
of comprehensive liability insurance, including coverage for owned and noa-owned auto-
mobiles, naming the County and its officers and employees as additional insureds, with
a minimum combined single limit coverage of $500,000 for all damages because of bodily
injury, sickness or disease, or death to any person and damage to or destruction of
property, including the loss of use thereof, arising from each accident or occurrence.
b. Workers' Comyensation. The Contractor shall provide the County with a
certificate of insurance evidencing workers' compensation insurance coverage for its
employees.
c. Additional Provisions. The policies shall include a provision for thirty
(30) days written notice to County before cancellation or material change of the above
specified coverage. Said policies shall constitute primary insurance as to the County,
the State and Federal Governments, their officers, agents, and- employees, so that other
insurance policies held by them shall not be required to contribute to any loss covered
under the Contractor's insurance policy or policies. Not later than the effective date
of this Contract, the Contractor shall provide the County with a certificate(s) of
insurance evidencing the above liability insurance.
20. Notices. All notices provided for by this Contract shall be in writing and
may be delivered by deposit in the United States mail, postage prepaid. Notices to
the County shall be addressed to the head of the County Department for which this
Contract is made, c/o Contracts & Grants Unit, Human Resources Agency, 651 Pine Street,
Martinez, California 94553. Notices to the Contractor shall be addressed to the
Contractor's address designated herein. The effective date of notice shall be the
date of deposit in the mails or of other delivery.
21. Primacy of General Conditions. Except for Special Conditions which expressly
supersede General Conditions, the Special Conditions (if any) and Service Plan do not
limit any term of the General Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no representation,
implication, or understanding that the services provided by Contractor under this
Contract will be purchased by County under a new contract following expiration or
termination of this Contract, and waives all rights or claims to notice or hearing
respecting any failure to continue purchase of all or any such services from Contractor.
23. Possessory Interest. If this Contract results in the Contractor having
possession of, claim to or right to the possession of land or improvements, but does
not vest ownership of the land or improvements in the same person, or if this Contract
results in the placement of taxable improvements on tax exempt land (Revenue & Taxation
Code 4107), such interest or improvements may represent a possessory interest subject
to property tax, and Contractor may be subject to the payment of property taxes levied
on such interest. Contractor agrees that this provision complies with the notice
requirements of Revenue & Taxation Code 5107.6, and waives all rights to further
notice or to damages under that or any comparable statute.
00459
(A-4616 REV 2/78) -3-
A in
Contract Number _— tQ 4 5
Attachment Number I
PREPAID HEALTH PLAN SUBCONTRACT REQUIR04ENTS
Pursuant to State Department of Health/County Contract #76-56983 (County #29-609)
effective December 30, 1976, Waxman-Duffy Prepaid Health Plan Act, Section 14200 et seq.,
Welfare and Institutions Code and a waiver granted under Section 222, P.L. 92603, under
which the County provides Prepaid Health Plan (PHP) services, the following subcontract
requirements (Article XI Subcontracts) are incorporated into the contract referenced by
number above:
1. Contractor shall be subject to and comply with all Federal, State, and local
laws and regulations and State contract referenced by number above as applicable with
respect to its performance hereunder.
2. Contract referenced by number above is not effective until it has been formally
approved by the State Department of Health, unless the Department of Health has acknow-
ledged receipt of the proposed subcontract and has failed to formally approve or disapprove
the subcontract within sixty (60) days of receipt.
3. By this subcontract the County delegates responsibility to the Contractor to
provide PHP services, but does not terminate County's legal responsibility to the State
Department of Health to assure that those services are provided to PHP enrollees. Any
extension or renegotiation for service provided under terms of this contract is subject
to prior approval by Board of Supervisors, State Department of Health, and Department
of Corporations.
4. Contractor will use County's Department of Health approved medical record
system, and notwithstanding General Conditions paragraph 3. Records, if a part of this
contract, will preserve medical records for a minimum of four years from termination
of State Department of Health Contract #76-56983 or until any audit or matter under
investigation by the County, State Department of Health, U. S. Department of Health,
Education and Welfare, or the Comptroller General of the United States has been resolved.
If Contractor's service is provided on a referral basis only, Contractor will provide
adequate documentation of the service provided each PHP enrollee for entry into the
enrollee's medical record maintained by the County.
5. Contractor will maintain the confidentiality of PHP enrollees' medical records
and enrollment information and prevent unauthorized disclosure.
6. Any PHP enrollee's medical records maintained by Contractor are subject to
inspection and medical audit of such records by County, the State Department of Health,
and U. S. Department of Health, Education and Welfare, and Contractor must comply with
requirements issued as a result of such inspection or audit.
7. Contractor will participate in and cooperate in County's professional review
process in relation to services provided to PHP enrollees, and comply with resulting
requirements.
8. Contractor will submit utilization reports, in relation to PHP enrollees, as
required by County.
9. Contractor will comply with County's PHP grievance procedure and abide by any
determination of PHP's grievance -committee, if Contractor maintains PHP enrollee medical
records for County.
10. Contractor will allow inspection of financial books and records relating to PHP
enrollees or PHP services by the County, State Department of Health, State Department of
Corporations, the U. S. Department of Health, Education and Welfare, the Comptroller
General of the United States, or their duly authorized representatives.
11. In relation to PHP enrollees and notwithstanding General Conditions paragraph 3,
Records, if a part of this contract, Contractor will maintain financial records for a
minimum of four years from termination of State Department of Health Contract #76-56983
or until any audit or matter under investigation by the County, State Department of Health,
U. S. Department of Health, Education and Welfare, or the Comptroller General of the
United States has been resolved.
(A-4632 New 3/77) -1- 00470
i t ,
1
V
i
In the Board of Supervisors j
of
Contra Costa County, State of California
August 1 , 19 78
r
in the Matter of
Approval of Medical Specialist
Contract for County Medical Services
IT IS BY THE BOARD ORDERED that a contract with the medical
specialist listed by name and contract number below, effective May 1, 1978,
through April 30, 1979, is hereby APPROVED, implementing Resolution No. 77/326
adopted April 19, 1977:
s
Contract Number: 26-828
Name: John C. Dittmer, DDS and F. Jerry Matka, DDS
(a professional corporation)
IT IS FURTHER ORDERED that the Director, Human Resources Agency,
is AUTHORIZED to sign this contract on behalf of this Board.
Y.
PASSED BY...THE BOARD on August 1, 1978
1 hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Orig: Human Resources Agency NVtnew my herd and Seal of the Board of
Attn: Contracts & Grants Unit supers
cc: County Administrator affixed this 1st day of August 19-78
County Auditor-Controller
County Medical Services
Contractor `\ J. R. OLSSON, Clerk
gy � Deputy Clerk
Karin ;King
H 004'71
H-24 4/77 15m
V{+,■■14i3 l.V. l. l l.V ulll� ri . . .moi _...
S
- _ • tiEDICAL SPECIALIST CONTRACT •
r , Q
1. C ! 2 — 2 Q
cntract Identification. Contract � Q Q
r
Department: Medical Services
Subject: Provision of Special Oral & lfaxillofacial Surgery
2. Parties. The County of Contra Costa, California (County) for its Department named
above, and the following named Contractor mutually agree and promise as follows:
Contractor: John C. Dittmer, DDS; F. Jerry Mattka, DDS State Medical Dr. Dittmer-17266
Capacity: A professional corporation License 0 Dr. Mattka -16383
Address: 895 Moraga Road, Lafayette, Ca. 94549
3. Term. The effective date of this Contract is May 1, 1978 and it
terminates April 30, 1979 unless sooner terminated as provided herein.
4. Termination. This Contract may be terminated by either party by giving 30 days
advance written notice thereof to the other, or may be cancelled immediately by written
mutual consent.
5. Payment. (Board Resolution No. 77/ 326 ). In consideration of Contractor's provision
of services as described below, County shall pay Contractor, upon submission of a properly
documented demand for payment in the manner and form prescribed by County (Demand Form
D-15) , and upon approval of such demand by the head of the County Department for which .
this Contract is made or his designee, according to the following fee schedule:
[Complete either a or b, whichever is applicable] oral & maxillofacial surgical
a. [X] $ 25.0,0 per hour of consultation/44UM4§ iMONOW procedure.
b. [ ] $ per consultation/training session/medical procedure.
6. Contractor's Obligations. Contractor is specially trained, experienced, and competent
to perform special professional service and provide consultation and training in medical
and therapeutic matters. Contractor shall render such special professional services at
times and locations specified by the County Medical Director or Health Officer. Contractor
will provide service in the following speciality(ies) : oral & maxillofacial surgery
If applicable, Contractor shall be subject to Attachment #1 "Prepaid Health Plan Subcontract
Requirements" attached hereto and incorporated herein, for services rendered to County
Prepaid Health Plan. `
7. Independent Contractor Status. This Contract is by and between two independent
contractors and is not intended to and shall not be construed to create the relationship
of agent, servant, employee, partnership, joint venture, or association.
8. Regulations. Contractor agrees to abide by all rules, regulations, procedures and
bylaws for the operation of the County Medical Services or Health Department.
9. Modifications and Amendments. This Contract may be modified or amended by a written
document executed by the Contractor and the Contra Costa County Board of Supervisors or,
after Board approval, by its designee.
10. Indemnification. The Contractor shall defend, save harmless and indemnify the County
and its officers, agents and employees from all liabilities and claims for damages for
death, sickness or injury to persons or property, including without limitation all
consequential damages, from any cause whatsoever, including errors, omissions, or
malpractice, arising from or connected with the operations or the services, medical
and non-medical, of the Contractor hereunder, resulting from the conduct, negligent
or otherwise, of the Contractor.
11. Assignment. Contractor shall not assign or transfer any interest hereunder without
the expressed permission of the County Medical Director or Health Officer.
12. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: California Government Code Sections 26227 and 31000; Health and
Safety Code Section 1451.
13. Signatures. These signatures attest the parties' eement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA � �
By P� UP uc
Designee
Recommended for Approval Dated: 3 /VC_A,s_ C 2
BY \ (Form approved by County Counsel)
el)
Medical Director or Health Officer - ou472 .
N v 1/77) Microfilmed with board order
• - 828
ContContra•lumber
" Attachment Number i
PREPAID HEALTH PLAN SUBCONTRACT REQUIREMOTS
Pursuant to State Department of Health/County Contract #76-56983 (County #29-609)
effective December 30, 1976, Waxman-Duffy Prepaid Health Plan Act, Section 14200 et seq.,
Welfare and Institutions Code and a waiver granted under Section 222, P.L. 92603,1 under
which the County provides Prepaid Health Plan (PHP) services, the following subcontract
requirements (Article $I Subcontracts) are incorporated into the contract referenced by
number above:
1. Contractor shall be subject to and comply Faith all Federal, State, and-local
laws and regulations and State contract referenced by number above as applicable with
respect to its performance hereunder.
2. Contract referenced by number above is not effective until it has been formally
approved by the State Department of Health, unless the Department of- Health has acimov-
ledged receipt of the proposed subcontract and has failed to formally approve or disapprove
the subcontract within sixty (60) days of receipt.
3. By this subcontract the County delegates responsibility to the Contractor to
provide PHP services, but does not terminate County's legal responsibility to the State
Department of Health to assure that those services are provided to POP' enrollees. Any
extension or renegotiation for service provided under terms of this contract is subject
to prior approval by Board of Supervisors, State Department of Health, and Department -
of Corporations.
4. Contractor will use County's Department of Health approved medical record
system, and notwithstanding General Conditions paragraph 3. Records, if a part of this
contract, will preserve medical records for a mini== of four years from termination
of State Department of Health Contract #76-56983 or until any audit or matter under
investigation by the County, State Department of Health, U. S. Department of Health,
Education and Welfare, or the Comptroller General of the United States has been resolved.
If Contractor's service is provided on a referral basis only, Contractor will provide
adequate documentation of the service provided each PHP enrollee .for entry into the
enrollee's medical record maintained by the County.
5. Contractor will maintain the confidentiality of PHP enrollees' medical records
and enrollment information and prevent unauthorized disclosure.
6. Any PHP enrollee's medical records maintained by Contractor are subject to
inspection and medical audit of such records by County, the State Department of Health,
and U. S. Department of Health, Education and Welfare, and Contractor must comply with
requirements issued as a result of such inspection or audit.
7. Contractor will participate in and cooperate in County's professional review
process in relation to services provided to PHP enrollees, and comply with resulting
requirements.
S. Contractor will submit utilization reports, in relation to PHP enrollees, as
required by County.
9. Contractor will comply with County's PHP grievance procedure and abide by any
determination of PHP's grievance -committee, if .Contractor maintains PHP enrollee medical
records for County.
10. Contractor will allow inspection of financial books and records relating to PHP
enrollees or PHP services by the County, State Department of Health, State Department of
Corporations, the U. S. Department of Health, Education and Welfare, the Comptroller
General of the United States, or their duly authorized representatives.
11. In relation to PHP enrollees and notwithstanding General Conditions paragraph 3,
Records, if a part of this contract, Contractor will maintain financial records for a
minimum of four years from termination of State Department of Health Contract #76-56983
or until any audit or matter under investigation by the County, State Departmeat of Health,
U. S. Department of Health, Education and Welfare, or the Comptroller General of -the
United States has been resolved.
14
004'13
.(A-4632 New 3/77) -1-
r,
PREPAID HEALTH PLAN SUBCONTRACT REQUIMIENTS .'
12. Contractor will notify the Department of._Health .and- Commissioner of Corporations
in the event the contract referenced by number above is amended or terminated. Notice
is considered given when in the U. S. Registered Flail with first class postage addressed
as follows:
Alternative Health Systems Department of.Corporations
Department of Health 600 South Commonwealth
714 P_Street, Suite 1540 Los Angeles, California 90005_
Sacramento, California 95814
13. Approval of the contract referenced by number above by the, State Department of
Health does not constitute approval of the method and amount of compensation specified.
in the contract. -
14. Contractor will hold harmless both the State and PHP enrollees in the.event
the County. cannot or will not pay for services performed for PHP enrollees pursuant
the contract referenced by number above.
15. If Contractor enters one or more subcontracts in order to provide any services
implied or expressed in the contract referenced by number above, all subcontract elements
required by State .Department of Health Contract #76-56983, Article %I, Subcontracts; as-
specified in this Attachment, must be included 1A.'such.su`bcontract,_ except; that,County:
instead of State Department of.Health is responsible for approval and notification
responsibilities. - -
.16. Contractor, shall not make assignment and/or delegation of this subcontract
unless County has obtained prior written approval of the other party and State Department
. of Health:
iz'! � of- •
z
(A-4632 New 3/77) -2- ._-t-
III
- -- -- - -
r
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 , 19 78
In the Matter of .
Endorsing SB 1127
In a report dated July 26, 1978, the County Administrator having j
recommended endorsement of SB 1127 (Presley) which would in part
authorize the assessment of $25 to cover the cost of toxicology
testing in drunk driving cases and indicated that this revenue
would substantially offset the County cost in this program; and
The Board having considered this matter and concluded that
it is desirable for the persons generating costs in the criminal
justice system to the extent feasible pay an assessment to keep
these expenses from being borne by the taxpayers; and t
i
THEREFORE, IT IS BY THE BOARD ORDERED that a position in
SUPPORT of the passage of SB 1127 is adopted and the County
Administrator is AUTHORIZED to communicate this position to the
State Legislature and the Governor.
PASSED on August 1, 1978
i
r
E
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of seid Board of Supervisors on the dote aforesaid.
Orig. Dept: County Administrator witness my hand and the Seal of the Board of
cc: County Legislative Delegati!F6lPervisors
H. D. Ramsay affixed this lst day of August 1978
W. A. O'Malley :
A. Laib '
J. R. OLSSON, Clerk
By c Deputy Clerk
via A. Laib narzn .,i g
`s
H-24 4/77 15m 00475
In the Board of Supervisors
of
Contra Costa County, State of California
August 1, , 1978
In the Matter of
Approving Deferred Improvement
Agreement for
Subdivision MS 252-77,
Alamo Area.
The Public Works Director is AUTHORIZED to execute a Deferred
Improvement Agreement with Michael Conklin permitting the deferment '
of construction of permanent improvements required as a condition
of approval for Subdivision MS 252-77 located on the southwest side
of Via Lucia approximately 815 feet southeast of Las Trampas Road
in the Alamo area. (Assessor's Parcel No. 198-040-014) .
PASSED by the Board on August 1, 1978.
1 hereby certify that the foregoing is a true and correct copy of an order snored on the
minutes of said Board of Supervisors on the date aforesaid.
Originating Department : PWD (LD) Witness my hand and the Seal of the Board of
Supervisors
cc, Recorder (via P.W. ) affixed this 1St day of August 19 78
Public Works Director
Director of Planning
County Assessor J. R. OLSSON, Clerk
Michael Conklin By / �,�� Deputy Clerk
345 Kinross Drive
Walnut Creek, CA 94598 an ra fl ie SOn
- OU4�6
H-24 4/77 15m
In the Soars of Supervisors
Of
Contra Costa County, State of California
August 1 , 19 78
In the Matter of
Adjusting County Medical Services
Cafeteria Rates Effective
IT IS BY THE BOARD ORDERED that effective August 10, .1978_
the following cafeteria rates for the County Medical Services shall
apply and the rates currently in effect shall be rescinded, as ,
recomm nded by the Director, Human Resources Agency:
A la Carte Rates
Pot Roast w/Gravy $1.50
Baked Ham w/Sauce 1.50
Roast Beef Au'Jus 1.50
Meat Balls in Sauce 1.50
Hot Turkey Sandwich w/Gravy .75
Roast Pork w/Gravy 1.50
Beef Stew w/Vegetables .75
Fried Chicken w/Cream Gravy 1.50
Roast Turkey it/Gravy .75
Bread Dressing 0
Macaroni and Cheese 1.50
Cheese Souffle w/Sauce 1.50
Baked Liver and Onions .75
Spaghetti w/Meat Sauce ..75
!Macaroni, Beef and Mushrooms 1.50
Noodles Supreme 1.50
Bleat Loaf w/Country Gravy 1.50
Baked Tuna and Noodles 1.50
Canneloni 1_50
Crepes a la Reire 1.50
Enchiladas .75
Fried Fish .75
Stuffed Cabbage Rolls 1.50
Tamales .75
Lasagne 1.50
Soup .30
Crackers .05
mashed Potatoes .15
vegetables .25
Tuna or Meat Salad .65
Other Salads
Fruit & Cottage Cheese .40
molded Fruit .40
Potato .40
00477
-2-
Milk - 1/2 pt- .20
Coffee (and refill) .25
Tea ..15
Orange Juice .40
Hawaiian Punch .25
Fresh Fruit .20
Canned Fruit .25
Bread and Butter .10
Butter .05
SANDWICHES
Ham 1.15
Cheese .95
Ham and Cheese 1.35
Hamburger 1/4 lb. 1.30
Cheeseburger 1.55
Bacon and Tomato 1.25
Fried Egg (2) .65
Tuna .75
MISCELLANEOUS
Cake .55
Yogurt .35
Ice Cream _25
French Bread (Garlic) .20
Jello ,10
.
Pudding 25
Hard Boiled Egg .10
Cream Puffs or Chocolate Eclair .60
Pie Cream .70
Pie Fruit .70
BREAJ'AST
Hot Cakes (4) w/Butter & Syrup .55
French Toast w/Butter & Syrup .50
Eggs (2) .35
Omelet w/Ham or Bacon .75
Omelet w/Cheese .65
Breakfast Meats:
Ham - 3 oz 1.35
Bacon - 3 slices .85
Sausage- 4 .65
Potatoes .15
Beverage (Coffee) .20
Cereal (Hot or Cold) .25
Toast (2) and Butter (2) .20
Donut - Cake or Raised .20
Donut - Cinnamon/Jelly Roll .30
Sweet Roll
Turnover (Filled) .35
Danish Pastry .35
00475
t
J
-3-
Full Hot rieal sent to $2.00
meetings
. Full Cold Meal sent to 2.00
meetings
Sandwich Meal 2.00
PASSED BY THE BOARD ON August 1, 197$,
- s
1 hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the data aforesaid.
cc. FiRzl, Director
Witness my hand and the Seal of the Board of
rledical Director Supervisors
County Administrator affixed this It day of August , �9 'j$
County Auditor-Controller J. R. OLSSON' Clerk
By Deputy Clerk
H 24 12174 - is-M Karin king
004" 9
r�
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 , 19 78
In the Matter of
Proposed Increase in Filing
Fees for Appeals of Planning
Matters to the Board.
The Board having received a July 20, 1978 letter from
Mr. Michael J. Halloran, Co-Chairman, Orinda Association Planning
Committee, expressing appreciation to the Board for its vote to
retain the Orinda Area Planning Commission, urging that the
proposed slope density ordinance be approved, and suggesting an
increase in filing fees for appeals of planning matters to the
Board;
IT IS BY THE BOARD ORDERED that the aforesaid commun-
ication is REFERRED to the Director of Planning to review
proposed fee increase.
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
cc: h1r. Michael J. Halloran Witness my hand and the Seal of the Board of
Director of Planning Supervisors
County Administrator affixed thislst day of auu.t 19-Z8_
County Counsel
J. R. OLSSOIIF, Clerk
B - - tel- Deputy Clerk
Matine M. Neu el
00480
''-24 4/77 15m
THE ORINDA ASSOCIATION
POST OFFICE BOX 97
ORINDA, CALIFORNIA 94563
Telephone 254-0800
July 20, 1978 RECEIVED
Board of Supervisors
,1111 0?/,,97P,
Contra Costa County J. C.S:o;
County Administration Building CLERK. gr '� 0: SPPERVISCIRS
Martinez CA 94553
¢Put
Dear Supervisors:
Sometimes we fail to thank you for the difficult
decisions that you make. On behalf of myself and on behalf
of the Orinda Association Planning Committee, I would like
to thank you for your vote to retain the Orinda Area Planning
Commission and to finance it with increased filing fees. The
Orinda Area Planning Commission has proven to be effective in
making local planning decisions satisfactory to Orinda resi-
dents. I believe that the local Planning Commission can
actually save costs by expediting decisions and holding hear-
ings at the local level. In the meantime, the Orinda Associa-
tion Planning Committee intends to continue to provide volun-
teer work to supplement the county staff.
There are two other planning matters of current
concern in Orinda which I would like to discuss. On August 1
you will hear the proposed slope density ordinance passed by
the Orinda Area Planning Commission earlier this year. Despite
the fact that the Orinda General Plan, adopted by the Board of
Supervisors in January, 1973, called for a slope density or-
dinance for Orinda as the first step in the implementation of
the plan, the County Planning Commission failed to take action
in this area. With the dramatic increase in subdivisions in
1976 , the Orinda Association called uporr Lhe ccurity planning
staff to prepare a draft slope density ordinance for adoption.
That draft was finally produced in September, 1977, was revised
and passed by the Orinda Association in December, 1977, and was
again revised and passed by the Orinda Area Planning Commission
in April, 1978. We sincerely hope the Board of Supervisors will
carry out the Orinda General Plan which it adopted in 1973, and
also support the Orinda Area Planning Commission, by adopting
the slope density ordinance which will come before you on August 1.
Miuofilmod with board order
004
r noA
J
Another matter of some concern is that I believe you
are experiencing a number of appeals from the decisions of the
Orinda Area Planning Commission and probably also the San Ramon
Planning Commission. In fact, it seems that most applicants who
do not obtain all they want before the Planning Commission are
appealing to you. I believe that this situation will remedy
itself as the Board of Supervisors supports the decisions of the
local planning commissions. I also believe that the filing fee
for an appeal to the Board of Supervisors is quite inexpensive.
I suggest that serious consideration be given to raising that fil-
ing fee. This would be consistent with your decision to raise
initial filing fees for applications in order to support the
_ activities of the local commissions.
We appreciate the interest of the Board of Supervisors
in the local planning concerns of residents throughout the County,
including Orinda.
Sincerely yours,
Michael J. Halloran, Co-Chairman
Orinda Association Planning Committee
MJFI:bj h
00482
In the Board of Supervisors
of
Contra Costa County, State of Califomia
August 1 , 19 78
In the Matter of
Appointment to the Drug Abuse
Board for County Supervisorial
District III.
Supervisor R. I: Schroder having noted that the
term of office of !Mrs . Elizabeth Schweiger on the Contra Costa
County Drug Abuse Board (representing Supervisorial District III)
expired on June 30, 1978 ; and
On the recommendation of Supervisor Schroder,
IT IS BY THE BOARD ORDERED that Ms. Linda Baird Porter,
3497 School Street, Lafayette, California 94549 is APPOINTED
to said Committee as a representative of Supervisorial
District III for a three—year term ending June 30, 1981.
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
cc •- Linda Baird Porter Witness my hand and the Seal of the Board of
Contra Costa County Supervisors
Drug Abuse Board affixed this lst day of August - 19 78
County Administrator
Director, Human Resources J. R. OLSSON, Cleric
Agency
Public Information Officer aYCOL►-rEcy Deputy Cleric
Karin King
00483
H-24 4177 15m
t
' - X
In the Board of Supervisors
of
Contra Costa County, State of California
Aiigiint- 1 , 19 '-Z8-
In the Matter of
Appeal of Raymond Vail & Associates
from County Planning Commission
Conditional Approval of Tentative
Map for Subdivision 5327, Oakley
Area.
WHEREAS on the 5th day of July, 1978 the County Planning
Commission approved with conditions the tentative map for Subdivision
5327, Oakley area, filed by Raymond Vail & Associates; and
WHEREAS within the time allowed by law, Raymond Vail &
Associates filed with this Board an appeal from Condition No.. 21 of
said conditions;
NOW THEREFORE, IT IS ORDERED that a hearing be held on
said appeal before this Board in its Chambers, Room 107, County
Administration Building, Martinez, California, on Tuesday,. the 22nd
day of August, 1978 at 9:30 a.m. and the Clerk is directed to
publish notice of hearing, pursuant to code requirements.
PASSED by the Board on August 1, 1978.
1 hereby certify that the foragaing is a true and correct copy of an order entered on the
minutes of said iloard of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
cc: Raymond Vail & Associates Supervisors
11r. J. Mori affixed this lst day of August 19 78
The Hofmann Company -
YLr. H. Bragdon
Public Works DirectorB t �I. R. OLSSON, Clerk
Land Development Divisions ) p Clerk Inspection y
nda Amdahl
00484
H-24 4177 15m
TlD �Q om' RECEIV
CONTRA COSTA COUNTY J U L -2Y1978
PLANNING DEPARTMENT
CLEau 8oAW 00; SUpMI
? Connra pp,
TO: Board of Supervisors DATE: July 25, 1978
FROM: Anthony A. Dehaesus ' SUBJECT: APPEAL - Subdivision 5327
Director of Planni ' John Mori/Raymond Vail &
�
j/ Associates (Oakley Area)
1
OGIIVEi2:
J hn Mori , Route 2, Box 400, Oakley, Ca. 94561
6 : Raymond Vail & Associates, 101 Railroad Avenue, Antioch,
Ca. 94509
APPELLANT: Raymond Vail & Associates, 101 Railroad Avenue, Antioch,
Ca. 94509
PUBLIC HEARING: 7/5/78: Planning Commission
DECISION: Approved
APPEAL FILED: July 6, 1978
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The following people should be notified of your Board's hearing date and time:
Mr. Dan K. Bevis Mr. Harvey Bragdon
Raymond Vail & Associates 4 Barrie Way
101 Railroad Avenue Mill Valley, Ca. 94941
Antioch, Ca. 94509
Public Works Department
John Mori Land Development Division
Route 2, Box 400 Fourth Floor, Administration Building
Oakley, Ca. 94561
Building Inspection Department
The Hofmann Company Third Floor, North Wing
P. 0. Box 907
Concord, Ca. 94522
AAD:dh
Attachments: Letter of Appeal , Planning Department Acknowledgment, Resolution of
Approval , Minutes, Staff Report, Negative EIR Declaration, Map.
cc: Sub. 5327
ti
/yl�c��►,,: ..�: With board Orr-2f
0048.E
�.� E`GINEERS
RAYMOND VAIL AND ASSOCIATES R E C' I ' ; �l - PLANNCRS
SUPVErORS
101 RAILROAD A%ENUE•ANTIOCH,CA 94509 (415)754-2900
JUL 7 4 51 PH '73
July 6, 1978.
Honorable Board of supervisors
Contra Costa County
County Administration Building
.Martinez, CA 94553
Gentlemen,
Tract 5327
We, as agents for the owner of Tract 5327, wish to
appeal from the decision of the Planning Commission
with respect to item number twenty one (21) of the
conditions of approval.
We feel that this condition should not be imposed
on a particular developement but should be paid
for by the general road fund.
We would appreciate your earliest scheduling of this
item.
Thank you for your cooperation in this matter.
Very truly yours,
• Dan s
DKB/ts
155-�,-Z:�-D 7- 7- 79
0048 �
SACRAMENTO •SONORA TAHOE CITY
Mlicrotiimad with board order
Planning De artment Planning Commission Members
`� Cont ra Donald E.Anderson
Costa Morea — Chairman
County Administration Building.North Wing •William V.Walton
P.O.Boz 951 Pleasant Hill — Vice Chairman
Martinez.California 94553 County Albert R.Compagiia
Martinez
Anthony A.Dehaesus Director of Planning
William L.Milano ..
Pittsburg
Phone: 372-2091 Carolyn D.Phillips
Rodeo
Jack Stoddard
Richmond
July 19, 1978 Andrew H.Young
Alamo'
Mr. Dan K. Bevis
Raymond Vail S Associates
101 Railroad Avenue
Antioch, California 94509
Dear Mr. Bevis:
This letter acknowledges receipt of your letter of appeal , dated
July 6, 1978, for Subdivision 5327, which was approved by the Plan-
ning Commission on July 5, 1978•
Your appeal is being transmitted to the Board of Supervisors. The
Board will notify you as soon as a hearing date is scheduled.
Should you have any questions relative to the above information,
please feel free to contact us.
Sincerely yours,
Anthony A. Dehaesus
Director of PlaIn
Z
Norman L. Halverson
Chief, Subdivision Administration.
NLH: Isw
cc - John Mori
Hofmann Co.
Pub] is ldorks
Building Inspection
File Subdivision 5327
0048
Microfilmad v:ith board order
' r
• J�
CONTRA COSTA COUNTY PLANNING COMMISSION
STATE OF CALIFORNIA
SUBDIVISION 5327 (Owner: John Mori) A-request for approval of a tentative
map to subdivide 25.86 acres into 124 lots in a Single Family Residential
District (R-6) located at the northwest corner of Cypress Road and Rose Ave. ,
in the Oakley area. (CT 3020)
On July 5, 1978 at 7:30 p.m. , having been fixed as the time for hearing on
this item, the meeting was declared open by the Chairman.
The staff presented the project with conditions for approval .
Chairman Anderson questioned the basic design and what else could be done with
the project, wherein Commissioner Carolyn Phillips concurred with Chairman
Anderson and referred to Viewpointe in her area as an undesirable project and
suggested bike trails and parks within the project.
The staff commented that there is no park district available to maintain the
parks, that park dedication fees will be required of the developed to be set
aside funds for park purposes when and if a District is formed.
Commissioner Milano commented that he was in favor of the project which pro-
good housing as needed in the area.
Commissioner Young commented that this project served a need and that all the
improvements as required by Ordinance and staff conditions would make the
project very desireable.
Upon the MOTION of Commissioner Young, SECONDED by Commissioner Phillips ,
Subdivision 5327 was approved with conditions (Exhibit "A" attached) by the
following vote on July 5, 1978
AYES: Commissioners - Young, Phillips, Stoddard, Milano, Anderson.
NOES: Commissioners - None.
ABSENT: Commissioners - Walton and Compaglia.
ABSTAIN: Commissioners - None.
OWNER: John Mori
APPL I CATION NO. Subdivision 5327 ATTEST: .
tief,
rman L. Halverson
ASSESSOR'S PARCEL NO. 35-190-13 Subdivision Administration
,�rli�ia`ri;rTl.�i •filn boo.d order
APP-EALED
O04c" f
EXHIBIT "A"
Conditions for Approval of Subdivision 5327
1. This approval is based upon the tentative map submitted with the
application dated received by the Planning Department March 31, 1978.
2. The subdivision shall conform to the provisions in Title 9 of the County
Ordinance Code. Any variance therefrom must be specifically applied for
and shall not be allowed unless listed on the Planning Commission's condi-
tional approval statement.
3. In accordance with the provisions in Section 94-4.414 of the Ordinance
Code, the owners of all existing easements within areas to be conveyed
to Contra Costa County for road purposes shall consent to the dedication
or deeding of the right-of-way.
4. All utility transmission, distribution and service facilities shall be
installed underground. (Ordinance Code Chapter 96-10)
5. The minimum grade for curbs on all streets shall be 1%. (Ordinance Code
Section 98-6.004)
6. Traffic control signs, stop signs, centerline striping and pavement mark-
ings at all stop signs will be required. These.details shall be shown on
the improvement plans. The subdivider's engineer will be advised by the
Public {Forks Department of the various signs, striping and pavement mark-
ings required when the improvement plans are submitted for review.
7. Street lights shall be installed on all subdivision streets, Cypress Road
and Rose Avenue and the entire subdivision shall be annexed to County
Service Area L-43 for the maintenance and operation of the street lights.
(Ordinance Code Chapter 96-6)
8. Sidewalks shall be constructed on all subdivision streets, Rose Avenue
and Cypress Road. (Ordinance Code Chapter 96-8)
9. No mailboxes will be permitted within the sidewalk, path or trail area.
The placement of mailboxes within the right-of-way shall conform to
current standards of the Public Works Department. The subdivider is
advised to contact the Postal Service and find a satisfactory arrange-
ment for mail delivery, e.g. , request, in writing, delivery to individual
or grouped mailboxes behind the sidewalks.
10. Increase the capacity of existing drainage basin on the Housing Authority
property and the existing basin outflow storm drain to provide adequate
capacity for the worst 10-year storm event (3, 12, 24 or 96 hour duration),
as determined by the Flood Control District. Inflow and outflow hydrographs
will be provided by Flood Control.
00489
Mlcrorilinad with board order
Conditions for Approval - Subdivision 5327 Page 2
11. The basin shall be designed assuming a maximum outflow into the down-
stream system of 10 cubic feet per second. No allowance will be allowed
for infiltration. Initial hydrologic and hydraulic calculations will be
performed by the Flood Control District. The total tributary watershed
shall include properties to the south and east. Adequate facilities in-
tract shall be installed to convey the ultimate runoff through the sub-
division. Total tributary area shall be determined by the Flood Control
District.
12. The basin floor, after enlargement, shall not be lower than 10.5 feet.
13. The outfall storm drain shall be lowered between the basin and Home Street.
14. The developer shall contract with the County to provide for his share of
the perpetual maintenance of the basin. The contract shall continue until
adequate financing for the maintenance of the basin by public entity with
an adequate tax base and rate exists. The contract shall include security
in the form of a surety bond or acceptable letter of credit.
15. If the basin and outfall cannot be redesigned to contain and convey the
stoim waters as required hereinabove, storm waters reaching and originating
CP
on the property shall be adequately conveyed to an adequate storm drain
system.or natural watercourse.
16. The developer shall request annexation to Drainage Area 290.
17. The developer shall enter into an agreement with the County to pay the
drainage fee to be established by the Flood Control District. Credit
against the future fees will be allowed for the reconstruction of the
basin and its outfall line.
13. Storm drainage originating on the property and conveyed in a concentrated
manner shall not be allowed to drain across the sidewalk. The drainage
shall be conveyed to a storm drain or, if drained to the street, should
be discharged through the curb by means of a County standard sidewalk
crossdrain or 3-inch diameter pipes through the curb and under the side-
walk.
19. Any section of the storm drainage system which conveys storm water to
which the public streets contribute flow shall be installed in a dedicated
drainage easement.
20. Should the construction of Subdivision 5327 be subsequent to the construc-
tion or completion of adjacent deadend subdivision streets, the subdivider
of Subdivision 5327 shall Provide for adequate temporary protection of the
road connections and for advance signing of the construction area.-
21. The developer shall make a cash contribution of one quarter the cost of
reconstruction of the canal crossings on Rose-Avenue and Cypress Road.
00490
Microriimad with board order
Conditions for Approval - Subdivision 5327 Page 3
22. The developer shall obtain an encroachment permit from the State
Department of Transportation for widening work within Rose Avenue.
Provisions of the permit shall be included in the improvement plans.
23. Sewage disposal serving this subdivision shall be provided by the
Oakley Sanitary District. Each individual living unit shall be served
by a separate sewer connection. The sewers located within the boundaries
of this subdivision shall become an integral part of the Oakley Sanitary
District's sewerage collection system.
24. Water supply shall be by the Oakley {Vater District. Each individual living
unit shall be served by a separate water connection. Such water distribution
system located within the boundaries of this subdivision shall become an
integral part of the Oakley Water District's overall water distribution
system.
GT:dh
6/8/78
6/21/78
00491
MIcf0i iimad with board order
CON'ICOSTA COUNTY PJYtNN ING DEPARTMEn j'
NYHCL' 01'
r_-- Completion of Environmental Impact Report
Negative Declaration of Environmental Significance
Lead Agency Other Responsible Agency
Contra Costa County
c/o Planning Department
P.O. Box 951
Martinez, California 94553
Phone (415) 372-2091
Phone
EIR Contact Person Byron Turner
Contact Person
PROJECT DESCRIPTION: SUBDIVISION 5327 (0,,mer: John Mori, et. al. ) A proposed
subdivision of 124 lots on 25.86 acres in a Single Family Residential District
(R-6). Subject property is located at the northwest corner of Cypress Road and
Rose Avenue, in the Oakley area.
The project will not have a significant effect on the environment. The proposal
is a continuation and completion of residential development along Cypress Road
between Empire and Rose Avenue, identified with the Oakley community as shown on
the General Plan and in compliance with the single family residential zoning
previously established for development of the property. Public services are
available', any possible environmental concerns can be considered through the
subdivision review process.
It is determined from initial study by Byron Turner of the
LxPlanning Department that this project does not have a significant
effect on the environment.
I] Justification for negative declaration is attached.
The Environmental Impact Report is available for review at the below
address:
Contra Costa County Planning Department
4th Floor, North Wing, Administration Bldg.
Pine & Escobar Streets
Martinez, California f�
to Post Final date for review/appeal w 2
004(
Planning Departm t Representative
Microfilm-adl with board order
AP9 1/74
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In the Board of Supervisors
of
Contra Costa County, State of California
August 1 , 19 78
In the Matter of
Authorizing Subgrant Modification
Agreements for fifteen (15)
CETA Title VI PSE Project Subgrantees
The Board having authorized (by its Order dated July 25, 1978) the
County Manpower Program Director, to negotiate Subgrant Modification Agreements
with thirty-three (33) CETA Title VI PSE Project Subgrantees, with said Subgrant
Modification Agreements to add new Title VI PSE Projects (to begin on or after
June 15, 1978) and to make payment limit adjustments in existing projects, in
order to ensure maximum utilization of CETA Title VI Project funds for the
balance of federal fiscal year 1977-78;
IT IS BY THE BOARD ORDERED that the Director, Human Resources Agency,
is hereby AUTHORIZED to execute, on behalf of the County, standard form Subgrant
Modification Agreements (including novation provisions) with fifteen (15) CETA
Title VI PSE Project Subgrantees, as specified in the attached "CETA Title VI
PSE Project Start-Up Specifications Chart," to establish new Title VI PSE
projects, with each total Subgrant Agreement payment limit to be increased
by not more than the New Project Payment Limit(s) set forth for each Subgrantee
in the attached Specifications Chart.
PASSED BY THE BOARD on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order enured on the
minutes of said Board of Supervisors on the date aforesaid.
Orig: Human :resources Agency
Witness my hand and the Seal of the Board of
Attn: Contracts & Grants Unit Supervisors
CC: County Administrator affixed this 1st day of August 19 78
County Auditor-Controller
County Manpower Program J. R. OLSSON, Clerk
Director �-
Subgrantees By C4C Deputy Clark
ar n King
00494
H-24 4/77 15m
RJP:dg
Al'Laclititent to B/l/78 llaard Urdcr
cETA TITLE VI PSE PROJECT START—UP SPECIFICATIONS CHART
EFFECTIVE NO. OF PSB NEW PR01.12CT
PROJECT DATE OF NEW PROJECT PAYMENT Umrr
SUBGRANTEE NUMBER PROJECT POSITIONS TO 9/30/78
1. Alameda-Contra Costa Council of Campfire Girls, Inc. (1128-707) 902 7/25/78 3 $ 6,660
2. Carquinez Coalition, Inc. (1128-711) 903 8/1/78 4 79841
3. Contra Costa Children's Council (1128-714) 904 8/1/78 3 6,187
4. Contra Costa Crisis & Suicide Intervention 028-716) 905 8/22/78 3 4,122
5. Contra Costa Legal Services Foundation (1128-701) 906 8/8/78 3 5,394
6. East County Resource Center, Inc. (1128-717) 908 7/21/78 3 6,4129
7. Enki Research Institute, Inc. (1128-708) 909 7/15/78 12 33,995
8. Home, Health and Counseling Services, Inc. (#28-702) 910 7/20/78 5 7,808
9. International Institute of Alameda County (#28-718) 911 7/27/78 4 7,467
10. New Horizons Center, Inc. 11128-713) 913 7/22/78 3 6,162
11. Phoenix Programs, Inc. (#28-712) 914 7/27/78 5 8,896
12. Pinole Family YMCA .(West Contra Costa YMCA) 028-709) 915 6/30/78 4 10,545
S
13. Region IX American Indian Council, Inc. (#28-720) 901 6/28/78 5 14,71.9
14. Social Advocates for Youth -- Diablo Valley (#28-715) 916 7/18/78 7 13,71.4
� 1 5. United Council of Spanish Speaking Organizations (#28-704) 917 9/19/78 3 1,359
918 7/11/78 5 11,327
919 7/11/78 4 9,613
:_: 8/1/78
In the Board of Supervisors
of
Contra Costa County, State of California
August 1 , 19 78
In the Matter of
Appointments to Neighborhood
Preservation Committee (West
Pittsburg) of the Countyuide
Housing and Community Develop-
ment Advisory Committee.
On the recommendation of Supervisor Eric Hasseltine,
IT IS BY THE BOARD ORDERED that the following persons are
APPOINTED to the Neighborhood Preservation Committee (gest
Pittsburg area) of the Countywide Housing and Community
Development Advisory Committee:
C. Halter Seamans Sharron Dykes
80 Delta Drive 20 Oceanview Drive
Pittsburg, California 94565 Pittsburg, California 94565
Catherine Kunstal Maurice 0. Ortiz Jr.
229 Cleveland Avenue 68 Canal Drive
Pittsburg, California 94565 Pittsburg, California 94565
Eloise V. Burris Mary Jeffries
30 Sandview Drive 33 Poinsettia Ave.
Pittsburg, California 94565 Pittsburg, California 94565
Ted Lichti
68 Bay View Ave.
Pittsburg, California 94565
PASSED by the Board on August 1, 1978.
1 hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
Witness my hand and the Seal of the Board of
cc : Appointees Supervisors
Director of Planning affixed this lst day of August 19 78
County Auditor-Controller
County Administrator
Public Information Officer J. R. OLSSON, Clerk
By Deputy Clerk
.arin tt n
ou496
H-24 4/77 15m
ll
In the Board of Supervisors
,
of
Contra Costa County, State of California
August 1 ' 1978
In the Matter of
Appointments to Neighborhood
Preservation Committee (Oakley
area) of the Countywide Housing
and Community Development
Advisory Committee .
On the recor.�mendation of Supervisor Eric Hasseltine,
IT IS BY THE BOARD ORDERED that the following persons are
APPOINTED to the Neighborhood Preservation Committee (Oakley
area) of the Countywide Housing and Community Development
Advisory Committee:
Alice Lorenzetti Leo St. John
Rt 2, Box 396AA Rt. 1, Box 48
Oakley , California 94561 Oakley, California 94561
Abraham Amador Rose Mendoza
P.O. Box 908 231 Star St.
Oakley, California 94561 Oakley, California 94561
Vickie Ramsey Dwight Meadows
Rt. 2, Box 55A Rt . 1, Box 354AA
Oakley, California 94561 Oakley, California 94561
Linda Sommer
537 Fourth St.
Oakley, California 94561
PASSED by the Board on August 1, 1978.
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of said Board of Supervisors on the date aforesaid.
cc : Appointees Witness my hand and the Seal of the Board of
Director of Planning Supervisors
County Auditor-Controller affixed this 1st day of August 19 78
County Administrator
Public Information Officer J. R. OLSSON, Clerk
By Deputy Clerk
Kar,._ 7ingj
0049
H-24 4R7 15m
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
Re: Pursuant to Section 22507 of )
the CVC, Declaring a Parking Zone ) TRAFFIC RESOLUTION N0 . 2459 - PKG
on RODEO AVENUE (Rd.#1795AP) )
Rodeo Area. Date: AUG ], 1978'
(Supe. Dist. II - Rodeo )
The Contra Costa County Board of Supervisors RESOLVES THAT:
On the basis of a traffic and engineering survey and recommenda-
tions thereon by the County Public Works Department's Traffic
Engineering Division , and pursuant to County Ordinance Code
Sections 46-2 .002 - 46-2.012 , the following traffic regulation
is established (and other action taken as indicated) :
Pursuant to Section 22507 of the California Vehicle Code,
parking is hereby declared to be prohibited except for the
purpose of loading or unloading passengers or freight (yellow
curb) on the west side of Rodeo Avenue (RD.#1795AP) beginning
at a point 36' north of the centerline of First Street and
extending northerly a distance of 44 feet.
Adopted by the Board on..-AU G _ 1,1978
cc. County Administrator
Sheriff
California Highway Patrol
T-14
00498
r
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATS OF CALIFORNIA
In the Matter of Hearing on
Mt. Diablo Unified School District
Petition Regarding Mt. Diablo August 1, 1978
Elementary School Attendance Area
(Ordinance No. 78-10 on School
Facility Dedications).
The Board of Education of the Mt. Diablo Unified School
District having requested the Board of Supervisors to concur with
District findings that overcrowded conditions exist in the Mt. Diablo
Elementary School Attendance Area, and this being the time fixed for
hearing on the matter; and
Mr. A. A. Dehaesus, Director of Planning,, having reported
that the required notice of bindings received from the District did
not comply fully with provisions of Ordinance Code Section 812-6.2O4(c)
in that it did not include a detailed description of the geographic
boundaries of the aforesaid Attendance Area, and having suggested
that should the Board determine to concur with the. findings of the
District, such action be conditioned so as not to become effective
until the detailed boundary description has been filed; and
Mr. Ralph Lopez, Director of Facilities/Co wity Services
for the Mt. Diablo Unified School District, having appeared and
explained that the District is having difficulty in meeting the code
requirements because this particular Attendance Area is in the most
eastern part of the District where much of the territory is unin-
corporated and there are no streets or similar guideposts by which to
identify the specific boundaries; and
Supervisor E. H. Hasseltine having noted that the District
has closed sole schools because of declining enrollment, and having
expressed the opinion that it is inconsistent to seek money for
construction of more schools when there are existing facilities that
could be utilized, possibly by transporting the students from one
area to another, and having questioned Mr. Lopez on this point; and
Mr. Lopez having responded that the attendance area under
discussion is in the City of Clayton, that those,achools being
closed are not adjacent to the City but rather considerably
removed from the area; and that from the District's point of view, in
terms of transportation and the desirability for children, particu-
larly the younger ones, to attend schools within reasonable proximity
of their homes, it is cost effective; and
Supervisor R. I. Schroder having inquired as to the plans
for the properties being vacated by the District; and Mr. Lopez
having indicated that one undeveloped site has been sold, that
another will soon be offered for sale, and that the money will be
used to replenish their bond fund; and
Mr. Dean LaField, representing the Building Industry
Association of Northern California, having appeared and stated that
the Notice of Findings submitted by the District is totally inadequate
and does not meet code requirements; and
Mr. LaField having protested that apparently school
districts feel they have a new source of revenue in the School
Facilities Dedication Ordinance, having asserted that the County has
been remiss in its administration of the Ordinance, in particular
Section 812-6.2109 and having suggested that Board action be deferred
until such time as the Findings Notice meet full compliance with code
requirements; and
od X99 -
f
Board members having discussed the utter and having
determined that responsibility for enforcement of the Ordinance has
not been specifically assigned to any one county department; and
Supervisor Hasseltine having indicated that although he
is of the opinion that the District's request is appropriate for
the particular area, he is concerned if the Ordinance requirements
are not being met, and having suggested that at this time the Board
instruct the County ArImiri3trator to review this natter and submit
a recommendation in one week on the question of which department in
the County should be mads responsible for administering this program,
and at that time this particular request be referred to the depart-
ment so designated to review the adequacy of the proposal and report
to the Board as soon as possible; and
Board members being in agreement with the suggestion of
Supervisor Hasseltine, IT IS SO ORDERED.
PASSED on August 1, 1978.
The vote of the Board was as follow*:
AYES: Supervisors J. P. Kenny, N. C. Fanden, V. N:
Boggess, E. H. Hasseltine, and R: I. Schroder.
NOES: None.
ABSENT: Hone.
CERTIFIED COPY
I eertlfy that this :� a full, true & correct copy at
the original docmnen,: which is on file in my office,
and that it was pas�wd L adopted by the Board of
Supervisors of Cent?a Costa County, California, oa
the date shown. ATTEST: J_ ft. OLSSON, County
Clerk&ex-officio Clerk of said Board of Supervi"
by Deputy Clerk.
cc: Director of Planning
County Administrator
August 1, 1978
In the Matter of
Executive Session.
At 6:35 P.M. the Board recessed to meet in Executive
Session in Room 108, County Administration Building, Martinez,
California to discuss a litigation matter.
The Board reconvened in its Chambers at 6:40 P.M.
and adjourned to meet in Regular Session on Tuesda , August 8,
1978 at 9:00 A.M.
R. I. Schroder, Chairman
J. R. OLSSON, CLERK
By
erine usse
Deputy Clerk
G'
00�
SUMMARY OF PROCEEDINGS BEFORE Thi BOARD
OF SUPERVISORS OF COiTTRA COSTA COUNTY , r: ;
AUGUST 1, 1978, PREPARED BY J. R. OLSSO*" ' ''
COTNITY CLERK AND EK-OFFICIO CLERK OF T:iE
BOARD.
Approved minutes of proceedings for month ,of July, 1978.
Declared the following numbered ordinances duly published: 78/41 and
78/42, and 78/45 through 78/52; and Sanitation District 5 Ordinance No. 3.
Approved personnel actions for the Civil Service .Department.
Approved Traffic Resolutions Nos. 2459 and 2460.
Declared intent to continue the Aug. 15 hearing oh .abatement of certain
property in Richmond to Aug. 29, 1978 at 9:-0 a.m.
Appointed J. Canciamilla, nominee -of Supervisor E. H. Hasseltine, to
the Governmental Review Committee.
Denied refund of penalty on delinquent property taxes in connection
with Parcel No. 116-262-007.
Authorized Director, Human Resources Agency, to execute Medical
Specialist Contract with J. Dittmer, DDS, and F. Matka,. DDS; Modification
Agreements (including novation provisions) with fifteen CETA Title VI-- PSE.
Project Subgrantees; and Subgrant Modification Agreement with Oakley Union
School District to increase the payment limit through, Sept. 30, 1978.
Adopted order establishing revised County Medical Services cafeteria
rates, effective Aug. 10, 1978.
Approved report: of Finance Committee (Supervisors E. H. Hasseltine and
N. C. Fanden) on street lighting policy, sante to remain with.the:Committee
for study in conjunction with its review of the budget.
Accepted resignation of D. Lewis from County Drug Abuse Board.
Appointed A. Lorenzetti, . A. Amador, V. Ramsey, L. St. John-, R:
Mendoza, D. ?Meadows, and L. Sommer to the Neighborhood Preservation--
Committee
reservation:Committee (Oakley area) of the Countywide :iousing and Community Development
Advisory Committee and C. Seamans, C. Kunstal, E. _Burris, S. , Dykes, ,- :
M. Ortiz Jr. , M. Jeffries, and T. Lichti to the West Pittsburg area of same.
Appointed L. Porter to County Drug Abuse Board as a representative of
Supervisorial District III.
Adopted a position in support of SB 1127 and authorized Cour_ty- Admin-
istrator to communicate same to the State Legislature and the Governor.
Approved recommendation of Public Works Director not to respond to a
`Iotice of Opportunity for a Public Hearing on the proposed widening of State"
Route 4 from Borden Junction to west of Old River Bridge, issued by. CALTRANS.
00tw
August 1, 1978 Summary, continued . ,>; Page 2
Authorized Chairman to execute:
Project Agreement with City of Antioch and United Council of Spanish
Speaking Organizations, Inc. for implementation of Fourth Year Community
Development Program (1978-79) :
Second Amendment to Aug. 31, 1976 Agreement with San Ramon Valley Unified
School District on behalf of CSA R-7;
Lease with B. Berger for certain premises in Pinole for occupancy by
the Tri-Cities Discovery Center, Inc. ;
Sublease to Tri-Cities Discovery Center, Inc. for certain premises in -
Pinole;
Lease Agreement with Carquinez Coalition, Inc. for occupancy of certain
County-owned premises in Rodeo;
Agreement with California Highway Patrol for adult crossing guard
services at various schools; _
Contract with Volunteer Bureau of Contra Costa for recruitment -and
training of volunteers for home visiting- services for Office on Aging;
Agreement with American Fidelity Fire Insurance Co. to authorize
Auditor to release final payment due L & L Equipment Co. for construction
work on Crow Canyon Road to be paid to the bonding company;
Contract with County Association for the Mentally Retarded to provide
general office services for the office of the Developmental Disabilities
Council;
Contract with J. O'Donnell for continuation of Alcoholism Education
and Treatment Consultation Services;
Contract Renewal with K. Robertson for Electromyographic services for
Medical Services;
Contract Amendment with State Department of Health Services for
extension of Prepaid Health Plan (Key Plan) ;
Contract with S. Korte for training and orientation services to the
Foster Parent Orientation Program;
Contract with Urban and Rural Systems Associates for evaluation of one
OCJP Project (Serious Offenders) evaluation, Probation Department;
State Department of Health Services Contract for continuation of County
Health Dept. Family Planning Services. -
Acknowledged receipt of statement submitted by Mr. D. La Field,, Executive
Vice President, Associated Building Industry of Northern California, objecting
to surcharges on planning fees for applications to be considered by the Orinda
and San Ramon Area Planning Commissions.
Adopted Urgency Ordinance No. 78-54, amending .Code Section 26-2.1804,
which substitutes notice by mailing for notice by publication and posting
of notices of public hearings on various planning matters.
Fixed Aug. 22 at 9:30 a.m. for hearing on appeal of Raymond Vail &
Associates (John Mori, owner) from County Planning Commission conditional
approval of Sub. 5327, Oakley area.
Fixed Aug. 29 at 9:30 a.m. for hearing on recommendation of County
Planning Commission with respect to request of A. Affinito (applicant) -
2140-RZ, to rezone land in .lest Pittsburg area (Shell Chemical Co. , owner).
Accepted as complete construction of private improvements in
ISIS 246-76, Alamo area.
OQ5"2
August 1, 1978 Summary, continued Page 3
i
Approved recommendations of Finance Committee: with respect to the
following:
Lease extension for premises on Pacheco Boulevard, Martinez, for
continued occupancy by Medical Services as a Discovery Motivational House
and authorized an appropriation of $30,000 be included in the 1973-79 '
budget to exercise an option by Sept. 30 to purchase said facility at a
total cost of w80,840;
Matter of closing the Concord Mental Health Clinic is referred to the
Internal Operations Committee (Supervisors W. N. Boggess and J. P. Kenny)
for more detailed review;
Policy for travel by county employees both within the State and out of
State;
Approved fee schedule for certain services provided by Animal Control
Spay Clinic and deferred for one week action on proposed revision in fee
schedule for surgeries.
As Ex-Officio the Board of Supervisors of County Flood Control and
Water Conservation District, authorized Public Works Director to proceed
with acquisition of 47-acre Pine Creek Detention Basin site.
Approved request of F. P. Bellecci (2210-RZ) to rezone land in Oakley
area, introduced Ordinance No. 78-55 in connection therewith, and fixed
Aug. 8 for adoption of same.
Approved request of W. J. Elizondo (2213-RZ) to rezone land in Oakley
area, introduced Ordinance No. 78-57 in connection therewith, and fixed
Aug. 8 for adoption of same.
Approved recommendation of County Planning Commission to rezone land
(2238-RZ) in the Franklin Canyon area,- introduced Ordinance No. 78-56 in
connection therewith, and fixed Aug. 8 for adoption of same.
Granted appeal of C. L. Grimm from Orinda 'Area Planning Commission
conditional approval of Variance Permit No. 1029-78, Orinda area.
Accepted Grant Deed for Roadway Purposes from Lisboa Development Corp.
and Consent to Deeding for Roadway Purposes from R. Skogen in connection
with Sub. MS 11-78 and accepted Drainage Release -for recording only from
T. Cutino and F. Bellecci in connection with Sub. 4889'.
Accepted Grant Deed from Western Title Insurance Co. for` park and open
space purposes containing 143 acres (Walnut Creek area).
Accepted Development Rights Grant Deed from The Housing Group, a
Corporation, in connection with Sub. 4904 and Offer of Dedication for
Roadway Purposes for recording only from San Ramon Valley Unified School
District in connection with Love Lane Road Acceptance.
Acknowledged receipt of Public Works Director's report with respect to
the Emergency Medical Care Committee' s review of the Phase I Report of the
Communications Consolidation Study Team.
Authorized legal defuse -or Dr. W. Preston_, retired, Medical Services,
in connection with Superior Court Action No. 181717.
Authorized County Administrator and County Counsel to negotiate a
contract. with Korn/Ferry to recruit for the position of County Administrator.
oo50-1
August 1, 1978 Summary, continued , Page 4
Adopted the following numbered resolutions:
78/751, cancelling second installment delinquent penalty, cost,
redemption penalty and fee on the 1977-78 Secured Assessment Roll;
78/752, cancelling penalties on the Unsecured Tax Roll-
78/753, fixing Aug. 24 at 2 p.m. as time to receive biAs on Franklin
Canyon Road Realignment Project, Martinez area;
78/7549 fixing Aug. 31 at 2 p.m. as the time to receive bids on
Port Chicago Highway Widening at Naval Weapons Station, Clyde area;
78/7559 approving Parcel Map and Subdivision Agreement of MS 311-77,
Walnut Creek area;
78/7569 approving Parcel Map and Subdivision Agreement of MS 11-78,
Walnut Creek area;
78/7579 approving Final Map and Subdivision Agreement of Sub. 4889,
Oakley area;
78/758, As Ex-Officio the Board of Supervisors of County Flood Control
and Water Conservation District, requesting the U.S. Army Corps of Engineers
to add recreation as a project purpose and develop a recreation plan for
the Pinole Creek project;
78/759, approving Agreement Modification for the widening of Treat
Boulevard to 6 lanes, between the Pleasant Hill BART Station and the
Walnut Creek Channel;
78/760, approving Final Map and Subdivision Agreement of Sub. 4576,
Orinda area;
78/761, approving Parcel Map of Sub . 168-77, Brentwood area;
78/762, approving Parcel Map of Sub. MS 133-77, Knightsen area;
78/763, approving Parcel Map of Sub. MS 120-76. Knightsen area;
78/764, approving Parcel Map of Sub . MS 222-77, Brentwood area;
78/765, approving Final Map of Sub. 4482, Bethel Island area;
78/766, accepting Grant Deed from Martinez Unified School District for
widening of Pacheco Boulevard, Martinez area;
78/767, As Ex-Officio the Board of Supervisors of County Water Agency,
authorizing W. Gleason and C . Nakagawa to represent and speak for the
Contra Costa County Water Agency (CCCWA) in any matters or proceedings
involving the proposed Peripheral Canal or salinity control or any other
pending matters or proceedings involving CCCWA, provided that said legal
counsel shall not be entitled to compensation or reimbursement of expenses in
connection therewith and provided, further, that said services may be term-
inated at any time;
78/768, approving proposed Hutchinson Annexation to the City of
Walnut Creek;
78/769, fixing Aug. 15 at 9: 30 a.m. for hearing re construction of
public improvements, Assessment District No. 1978-3, Martinez area;
78/771, endorsing and supporting the increase in Federal Title XX
appropriations for financial support of Social Service programs as contained
in H.R. 12973;
78/772, As Governing Body of the County and of all the Other Public
Entities of which it is The Governing Body, amending Resolution No. 78/638
and declaring Board policy on cost-of-living increases;
78/773, amending Resolutions 78/651 and 78/674 to change certain
position numbers in Human Resources Agency and the Probation Department;78/774, abolishing positions and laying off employees in the interest of
economy required by California Constitution Article XIIIa;
78/775, accepting as complete improvements in Sub. 4461, Alamo area,
retaining Lash deposit as surety, and accepted certain roads as County roads;
78/776, accepting as complete improvements in Sub. 4586, Danville area,
.retaining cash deposit as surety for one year, and accepted certain roads as
County roads.
00594
August 1, 1978 Summary, continued Page 5
Acknowledged receipt of memorandum from County Counsel transmitting
'proposed Resolution No. 78/770 and advising that the County Clerk estimates
the election provided for in said resolution will cost approximately $2,000
if consolidated with the Nov. 7, 1,078 General Election.
Adopted Resolution No. 78/770 approving the petition of David Mueller
and other electors to transfer inhabited territory from the Walnut Creek
School District to the Lafayette School District, directing Superintendent of
Schools to call, hold and conduct an election in the entire territory of the
Walnut Creek School District on Nov. 7, 1978 on the transfer, ordering that
said election is to determine whether or not the aforementioned transfer shall
be approved.
Authorized Public Works Director to execute:
Deferred Improvement Agreement with M. Conklin for construction of
permanent improvements required as a condition of approval for Sub . MS 252-77,
Alamo area;
Road Improvement Agreement with Samson Construction Co. for Development
Permit 3029-77, San Ramon area .
Referred to:
Director of Planning for report resolution adopted by Walnut Creek City
Council requesting that the Board initiate a specific plan study of the
La Casa Via area; and to review proposed fee increase -suggested by Mr. M.
Halloran, Orinda Association Planning Committee;
Public Works Director for report resolution adopted by Walnut Creek City
Council requesting certain amendments to existing drainage fees, plan and
policy re CSA D-2;
County Administrator, County Auditor-Controller and Community Services
Administration letter from Regional Audit Director, Department of HEW,- trans-
mitting copy of Head Start audit report (Grant No. H-0375-L) for year ended
Dec. 31, 1977 and advising that response and recommendations be: submitted
within 30 days; -
Manpower Advisory Council for further review and report back to the Board
on Aug. 8, 1978 matter of appeal from Mt . Diablo Rehabilitation Center
relating to termination of its CETA Title 1 contract;
County Administrator and County Probation Officer letter from State
Department of Youth Authority with respect to the County Justice :System
Subvention Program;
County Administrator for review and report to the Board petition pre-
sented by W. Dorsey requesting that the Board encourage G. Salyer of the
Building Inspection Dept . to withdraw his notice to terminate employment;
Internal Operations Committee recommendation of Central Labor Council
that Mr. Gene Atkinson be appointed to fill a vacancy (labor repre-
sentative) on the County Manpower Advisory Council; and request from General
Manager, County Employees Association, Local 1, for time to discuss with the
Board potential layoffs and urge adoption of a resolution with respect to
placement of laid-off county employees in other comparable Jobs.
Authorized Public Works Director to refund cash surety deposits to
B. Zsigmond and Commons Properties, Inc . in connection with Sub . MS 114-75,
Walnut Creek area, and NS 185-72, Danville area, respectively .
Approved request of Assessment Appeals Board for approval of proposed
Addendum to Local Rule G required a a result of passage of Proposition 13.
0050
Y��,
August 1, 1978 Summary, continued Page 6
As Ex-Officio Governing Boards of County Sanitation Distri+ett 'Nos . 5
(Port Costa area) , 15 (Bethel Island area), and 19 (Discovery Bay area) ,
established annual sewerage service charges for County Sanitation Districts
Nos . 5, 15, and 19.
Declared intent to continue hearing scheduled for Aug. 8 at 9:30 a.m. on
appeal of R. Metz from Orinda Area Planning Commission conditional approval
of Application for MS 4-78, Orinda area, to Aug. 29 at 9: 30. a.m..
Requested County Planning Commission to initiate General Plan review of
Port Costa area.
Appointed D . Goldman and L. Jones (Public Interest Category) and.
R. Richards and M. Wall (Professional Category) to the County Mental Health
Advisory Board and referred to Internal Operations Committee nominations for
the Educator position of the Professional Category and the Public Interest--
Consumer Category.
Acknowledged receipt of communication from Sheriff-Coroner concurring
with the evaluation of the Detention System included in the 1977-78 .Grand
Jury Report and directed that copies of said communication be filed with
the Clerk and sent to the Presiding Judge of the Superior Court who impaneled
said Jury.
Approved formation of Adult Day Health Planning Council and referred
application for membership thereon to the Internal Operations Committee.
Granted appeal of J. Maguire from Board of Appeals denial of appli-
cation for MS 149-77, Port Costa area.
Denied appeal of J. Maguire from Board of Appeals denial of application
for MS 236-77, Port Costa area.
Closed hearing on proposed Ordinance Code amendment to provide for a
Slope Density and Hillside Development Combining District for the Orinda
area, decision to be rendered Aug. 22 at 9:30 a.m.
Determined to support a statewide tax on alcoholic beverages to
provide funding for programs to rehabilitate alcoholics.
Deferred decision on the request of Mt. Diablo Unified School District
that the Board concur with findings of overcrowded conditions in the
Mt. Diablo Elementary School attendance area pending receipt of a recommen-
dation from the County Administrator on the question of which County depart-
ment should be responsible for administering the School Facilities
Dedication Ordinance No. 78-10.
Adjourned meeting in memory of Mr. Cecil W. Borton, well-known civic and
community leader in the San Ramon Valley area.
00506
0050
The preceeding documents contain, pages.