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MINUTES - 12061977 - R 77O IN 2
The following are the calendars prepared by the Clerk, County Administrator, and Public Works Director for Board consideration. 00 001 :4ME5 F.KENNY.RICHMONC CALENDAR FOR THE BOARD OF SUPERVISORS WARREN N BCGGESS 1 ST DISTRICT \ CHAIRMA1i NANCY C.FAMCEN.MARTINEZCONTRA COSTA COUNTY ROBERT 1.SCHRODER 2NC CISTRICT VICE CHAIRMAII ROBERT I SCHRODER.:AFAVETTE AND FOR JAMES R.OLSSON COUN7CLERW 3RD DISTRICT AND EX OFFICIO CLERK OF THE BOARD WARREN N.BOGGESS.CONCORD SPECIAL DISTRICTS GOVERNED BY THE BOARD MRS.GERALDINE RUSSELL »7H DISTRICT BOARD CHAMBERS.ROOM 107.ADMINISTRATION BUILDING Cr1IEF CLERK ERIC H.HASSELTINE PITTSBURG PHONE(415)3724371 5TH DISTRICT P.O.BOX 911 MARTINEZ.CALIFORNIA 94553 TUESDAY DEC.2- 413M61 1977 _ 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. Consider recommendations of the Public Works Director. Consider recommendations of the County Administrator. Consider "Items Submitted to the Board. " Consider recommendations and requests of Board members. Consider recommendations of Board Committees including Finance Committee (Supervisors R. I. Schroder and J. P. Kenny) on proposal that County declare its intent to participate in CSAC cooperative program for administration of unemployment insurance effective January 1, 1978. 9:45 A.M. ycecutive Session (Government Code Section. 54957.6) as required or recess. 10:45 A.M. Hearing on proposed abandonment of a portion of Alder Lane, Ivartinez area. Planning Commission recommends approval. 11:00 A.M. Hearing on the Resolution of Intention for Assessment District 1975-4, San Ramon Storm Drain, and on the 3ngineer's Report filed pursuant thereto. 11:05 A.M. Hearing on recommendation_ of the Planning Commission with respect to request of Newkirk and Wilcox (2160-RZ) to rezone land in the Concord area. If approved as recommended, introduce ordinance, waive reading, and fix December 13 for adoption. 11:15 A.M. Presentation by 'Ar. George H. Cardinet, Jr. , with respect to equestrian trails .in the 3ast Bay area. 1:30 P.M. Hearing on recommendation of Planning Commission with respect to proposed amendment to the County General Plan for the East County area. ITIVIS S=41TTED TO TH-3 BOARD IT S 1 - 9 : CONSENT 1. APPROVE minutes of proceedings for the month of November, 1977. 2. D3CIA.R= certain ordinances duly published. 3. AUTr'ORIZE changes in the assessment roll and cancellation of certain delinquent penalties on unsecured roll. 4. DENY claims of Gale S. Williams anAlyce Sheehan; and amended claims of Paulette Pewitt and of Ronald Campbell and -LeArn ochir_. 3oard of Supervisors ' Calendar, continued December 6, 1977 5. AUTHORIZE execution of agreement for construction of private improvements in Minor Subdivisions 33-77, Alamo area, and 211-76, Clayton area. 6. ACCEPT as complete construction of private improvements in Subdivision 4724 Diablo area, Minor Subdivisions 18-77 Orinda area, 97-75 E1 Sobrante area, and 28-77 .-lalnut Creek area; exonerate bond and authorize refund of cash security deposits as required. 7. FIX December 20, 1977 at 11:45 a.m. for hearing on appeal of The Hofmann Company from Condition No. 13 of the conditions of approval imposed by Manning Commission on tentative map for Subdivision 4687, Byron area (Discovery Bay Corporation, applicai4 and owner) . 8. FIX January 3, 1978 at 11:15 a.m. for rearing on recommendation of San Ramon Valley Area Planning Commission with respect to applica- tion of Leonard T. Jazmin, 2174-RZ, to rezone land in the Alamo area. 9. ACKNOWL3DGE receipt of report of accounts written off by the County Auditor-Controller, pursuant to Board policy as set forth in its Resolution No. 74/640. IT---31S 10 - 16: DET.31P.i•IINIATION (Staff recommendation shown following the item) 10. L:�TTER from Mr. Otto A. Unger tendering his resignation as a member of the Contra Costa County Flood Control and .later Conserva- tion District Zone 9 Advisory Board (Pinole Creek Watershed). ACCEPT RESIGNATION AND APPLY POLICY ON APPOI,iTMENTS TO BOARDS AND C01124ISS101TS 11. MLM10RANDUP+1 from County Sheriff-Coroner recommending approval of the request of U. S. ;Marine Corps Reserve for permission to place receptacles in various county buildings for donation of toys for "Toys for Tots" Christmas program. APPROVE RECO10131TDATION 12. ME IORANDUTM from County Health Officer (in response to Board referral) recommending that Western Waterways, Inc. , be granted a permit to install a sewage treatment facility to serve Holland Riverside Marina, subject to proper operating procedures. APPROV3 R3CONINIENDAi ION 13. L3TT2-RS from Attorney S. J. Sinton, on behalf of Director of State Department of Water Resources, and Assistant Director of Highways, State Department of Transportation, responding to Board letter concerning the use of borrow pits within the proposed Peripheral Canal alignment for construction of Interstate 5 freeway. ACKNOWL3DGE RECEIPT 14. LETTER from Chairman, Contra Costa County Aviation Advisory Committee, transmitting cony of By-Laws adopted by the Committee and requesting Board approval of same. R=, TO INTERNTAL OPAL "TIONS COI.EyIITT i AND COUNTY ADI:IPIISTRATOR 15. LETTER from City 1a.nager, on behalf of ;•lartinez City Council, requesting that the Board reconsider its position on the proposed Alhambra Creek flood control study, in view of design standards established in H. R. 95-379. R32BR TO PUBLIC 'WORKS DIRECTOR (FLOOD CONTROL DIVISION) FOR REPORT 0r)ow Board of Supervisors ' Calendar, continued December 6,1977 16. LETTER from President, Senior Gleaners, Sacramento, reauesti that the Board consider designating said organization as the County's surplus food collection and distribution agency, pursuant to SB 199. REFER TO DIR33TOR, ITUMAN R3SOiJRCES AG2,NCY, FOR REPORT ITEMS 17 - 20: INFORMATION (Copies of communications listed as information items have been furnished to all interested parties. ) 17. T.3TT]R from Chairperson, Developmental Disabilities Council of Contra Costa County, advising that Mr. Walter J. Jackson, one of the Board's appointees to Developmental Disabilities Area Board V, has been elected Chairman of the Area Board. 18. LETTER from Chief, Planning Division, U. S. Economic Development Administration, acknowledging receipt of the County's 1977-1978 Overall Economic Development Program Progress Report and advising that the report has been reviewed and approved. 19. LETTER from General Manager, AC Transit District, commenting on inconvenience caused to the public by the bus strike called by Local 192, 4malgamated Transit Union, and advising that the District is taring all reasonable and responsible steps to settle the strike as soon as possible. 20. NOTICE from State Assembly Committee on ;later, Parks and Wildlife of meeting to be held December 7, 1977 to receive testimony on the future directions of recreation in California. Persons addressin-- the 3card should complete the form provided on the rostrum and furnish the Clerk with a written copy of their presentation. D3.AJLIN3 FOR AGENDA ITEMS: WEDNESDAY, 5 P.M. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Finance Committee (Supervisors R. I. Schroder and J. P. Kenny) meets the 1st and 3rd Mondays of each month, 9:00 a.m. , Room 108, County Administration Building, Martinez. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NOTICE Or MEETINGS OF PUBLIC INTEREST (For additional information please phone the number indicated) San Francisco Bay Conservation and Development Commission 1st and 3rd Thursdays of the month - phone 557-30686 Association of Bay Area Governments 3rd Thursday of the month - phone 841-9730 East Bay Regional Park District lst and 3rd Tuesdays of the month - phone 531-9300 Bay Area Air Pollution Control District 1st, 3rd and 4th Wednesdays of the month - phone 771-6000 Vietropolitan Transportation Commission 4th Wednesday of the north - phone 849-3223 Contra Costa County .'later District lst and 3rd "rlednesdays of the month; study sessions all other Wednesdays - phone 682-5950 000014 OFFICE OF COUNTY ADMINISTRATOR CONTRA COSTA COUNTY Administration Building Martinez, California r To: Board of Supervisors Subject: Recommended Actions December 6, 1977 From: Arthur G. Will County Administrator I. PERSONNEL ACTIONS 1. Reclassification of positions as follows: Cost Department Center From To Probation 308 Senior Deputy Deputy Probation Probation Officer III-Project Officer-Project 2. Adopt resolution establishing additional exempt CETA classifications and reallocating 26 CETA funded positions from Project to CETA classification status for Kplementation of 1977-1978 program. 3. Adopt ordinance amendment exempting the position of Public Information Assistant from the Civil Service System; also allocate classification to the basic salary schedule, and add one position effective December 1, 1977. II. TRAVEL AUTHORIZATIONS s. Name and Destination Department and Date Meeting (a) Stephen Ojena Quantico, VA Photography Training Sheriff-Coroner 1-1-78 to 1-20-78 for Police (b) Edward H. Allport Seattle, WA Health Maintenance Medical Services 12-6-77 to 12-8-77 Organization Conference (c) Genoveva Garcia Yosemite, CA Conference of Local Mental Health 10-6-77 and 10-7-77 Mental Health Advisory Board Directors (confirmation) 0010 5 To: Board of Supervisors From: County Administrator Re: Recommended Actions 12-6-77 Page: 2. M. APPROPRIATION ADJUSTMENTS 5. Riverview Fire Protection District. Add $2,500 from istrict funds to equip fire boat; and $73 for equipment. 6. Internal Adjustments. Changes not affecting totals for following budget units: Auditor-Controller (Data Processing) , Library, Public Works (Plant Acquisition, Engineering and Administration) , Probation (Special Supervision) , Planning. IV. LIENS AND COLLECTIONS None. V. CONTRACTS AND GRANTS 7. Approve and authorize Chairman, Board of Supervisors, to execute agreements between County and agencies as follows: Agency Purpose Amount Period (a) Coast Federal Use of Community No charge 1-25-78 Savings and Room facilities at (1 day only) Loan Assn. 622 Contra Costa (Coast Federal) Blvd. , Pleasant Hill, CA for Health Dept. CHDP Advisory Board meeting (b) State of Continuation of $116,231 7-1-77 California, County Health to Dept. of Dept. Rat Control 6-30-78 Health Project (c) U. S. Dept. Grant Modification -0- 10-1-77 of Labor #807 to revise to County' s CETA Title 9-30-78 II and VI program planning to increase participant enroll- ment levels (d) Council of Arend liability No change 7-1-77 Churches of insurance provisions to Central Contra of exist4ng contract 6-30-78 Costa County for provision of chaplaincv cervices to Count' Medical Services 000016 6 To: Board of Supervisors From: County Administrator Re: Recommended Actions 12-6-77 Page: 3. V. CONTRACTS AND GRANT TS - continued 7. Agency Purpose Amount Period (e) Southside Area Agency on $3,750 10-1-77 Community Aging Program - to Center residential main- 6-30-78 tenance and repair service for the elderly (Richmond area) (f) Concerted . Same as above $3,750 Same Services (Pittsburg area) Project (g) Comsis Code and testing $36,945 12-6-77 Corporation services for the to court calendaring 3-31-78 System (h) Citv of Amend Community $141,251 12-6-77 Martinez Development Agree- (total to men-t- second year amount) 12-31-77 Activity T38 and reallocate certain funds to Unincor- porated Contingency Fund (i) City of Fire protection $111,005 7-1-77 Pinole services in unincor- to porated area of Pinole 6-30-78 Fire Protection Dist. 8. Authorize Director, Human Resources Agency, to execute CETA Title I contracts with thirteen specified agencies for provision of manpower services during the period October 1, 1977 through September 30, 1977, in accordance with the County CETA Title I Annual Plan. 9. Authorize Amend-ent to September 20, 1977 Board order which provided for the Director, Human Resources Agency, to execute subgrant agreements with various CETA Title VT Project sub- grantees for the period June 20, 1977 through September 30, 1978 , to modify the number of PSL project }obs and the maximum payment lists for the City o: L.ntioc., Antioch Unified. School District and Martinez Unified School District. To: Board of Supervisors From: County Administrator Re: Recommended Actions 12-6-77 Page: 4. VII. REAL ESTATE ACTIONS 10. Authorize Lease Management Section, Public Works Department, to negotiate for space for the Hospital, Mental Health Division, in the Central County area. VIII.OTHER ACTIONS 11. Authorize Chairman to execute on behalf of the County, Cooperation Agreements for funding under the Housing and Community Development Act of 1977 with 12 participating cities as recommended by the Director of Planning. 12. Award contracts for fire hazard abatement work within the Contra Costa County Fire Protection District for the period January 1, 1978 through September 30, 1978 for discing and dozing to Lawrence Johnson for $56,815 and for mowing, hoeing and removal of rubbish to Osborne Spray Service for $22, 085, the low bidders, as recommended by the Fire Chief. 13 . Authorize appointment of Gordon Walton in the class of Building Inspector I-Project at the third step ($1,342) OAC salary range $1,218 - $1480, as requested by the Director of Building Inspection. 14 . Authorize Director, Human Resources Agency, or his designee, , to execute standard form Emergency Residential Care Place- ment Agreements with 49 specified residential care facility operators, effective on or after September 1, 1977, as part of the County's Mental Health/Continuing Care Services Program. 15. Authorize county departments to cooperate with the Blood Bank of the Alameda/Contra Costa Medical Association in a blood drive to be conducted on January 12 and 13, 1978 by allowing use of county premises for mobile unit; and, subject to appointing authority approval, authorizing county employees to take necessary time from job duties for blood donation. 16. Approve and authorize County Auditor-Controller to make payment in the amount of $1,200 for use of the San Damiano Retreat facilities for Management Development Seminar on December 7 and 8, 1977. DEADLINE FOR AGENDA ITEMS: WEDNESDAY, 12 NOON • '^ '� CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT Martinez, California TO: Board of Supervisors FROM: Vernon L. Cline Public Works Director SUBJECT: Public Works agenda for December 6, 1977 REPORTS None SUPERVISORIAL DISTRICTS I & II item 1. WILDCAT-SAN PABLO CREEKS - APPROVE DRAFT AGREEMENTS AND DECLARE INTENT OF PROVIDING ASSURANCES - North Richmond-San Pablo Areas It is recommended that the Board of Supervisors, as ex officio the .Board of Supervisors of the Counta Costa County Flood Control Water Conservation District, adopt a resolution approving a draft agreement between the District and the United States of America for the U.S. Army Corps of Engineers Wildcat-San Pablo Creeks Flood Control Project and declare its intent to provide the assurances of non-Federal cooperation outlined in the draft agree- ment as required by federal legislation for the project. The U.S. Army Corps of Engineers has tentatively scheduled execution of this agreement for April 1979. The draft agreement as presented to District staff on November 3, 1977 has been reviewed by District staff and County Counsel. It is further recommended that the Clerk of the Board be directed to forward a copy of the Resolution to Colonel John M. Adsit, District Engineer, San Francisco District Corps of Engineers. (RE: Work Order No. 8186-7505) (FCD) SUPERVISORIAL DISTRICT II Item 2. CONCORD AVENUE EXTENSION - CONSIDER ENVIRONMENTAL IMPACT REPORT - Martinez Area In compliance with the requirements of the California Environmental Quality act of 1970 , an Environmental Impact Report for Hidden Lakes unit 3, Subdivision.4964 was prepared by the City of Martinez, Planning Department. One of the conditions of approval of Subdivision 4964 (City of Martinez) requires the extension of Concord Avenue from its present terminus in the unincorporated area westerly to the Martinez city limits. (Continued on next page) A G E N D A Public Works Department Page 1 of 8 December 6, 1977 M NIX IF Item 2 continued On June 7, 1977 the Martinez Planning Commission held a public hearing on the Environmental Impact Report and on July 5, 1977 found the Environmental Impact Report to be adequate. On November 22, 1977 the County Planning Commission considered the Environmental Impact Report and found the extension of Concord Avenue to be in conformance with the County General Plan in accordance with Section 65402 of the Government Code . The final Environmental Impact Report is hereby submitted to the Board of Supervisors for consideration. (LD) Item 3. SUBDIVISION MS 90-77 - APPROVE AGREEMENT - Martinez Area It is recommended that the Board of Supervisors approve the Deferred Improvement Agreement with .Pro-Land Development Company, A Partnership, and authorize the Public Works Director to execute it on behalf of the County. The document fulfills a condition of approval for Subdivision MS 90-77 as required by the zoning Administrator. Owner: Pro-Land Development Company 1251 Springbrook Road Walnut Creek, CP_ 94596 Location: Subdivision MS 90-77 fronts for 25 feet on the north side of Sycamore Street and for 244 feet on the west side of the extension of Delacy Avenue about 250 feet east of Veale Avenue, in the Martinez area. (RE: Assessor's Parcel No. 375-260-011) (LD) SUPERVISORIAL DISTRICT III Item 4. PINE CREEK DETENTION BASIN STUDY - AMEND AGREEMENT - Concord 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, approve an Amendment to the Consultant Services Agreement with Environmental Science Assoc- iates, Inc. for the preparation of an Environmental Impact Report for the Pine Creek Detention Basin Study and authorize the Public Works Director to e�:ecute said Amendment. The Agreement Aziendment expands the scope of services to provide an environmental assessment of additional disposal sites for the excess excavation material from the proposed flood control (Continued on next page) A G E_ N D A Public Works Department Page 2 of 8 December 6, 1977 ng��'�(, 0 V Item 4 continued detention basin and updates the schedule of prices and wages. The Amendment will change the maximum payment limit from $7,000 to $10,942. Said amount not to be exceeded without prior approval of the Public Works Director. (RE: Work Order No. 8286-7520) (FCD) SUPERVISORIA..L DISTRICT IV No items SUPERVISORIAL DISTRICT V Item 5. Subdivision MS 44-74 - APPROVE AGREEMENT - Alamo Area It is recommended that the Board of Supervisors approve the Subdivision Agreement for Subdivision MS 44-74. Owner: Dennis F. Buran 44 Holiday Drive Alamo, CA 94507 Location: . Subdivision MS 44074 is located on Via Lucia and Lark Street in the Alamo area. (LD) Item 6. SUBDIVISION MS 226-76 - APPROVE AGREEMENT - Danville Area It is recommended that the Board of Supervisors approve the Subdivision Agreement for Subdivision MS 226-76. Owner: Stewart :Enterprises, Inc. No. 4 Buena Vista Avenue Danville, CA 94526 Location: Subdivision DSS 226-76 is located on Orange Blossom Way and Hansen Lane in the Danville area. (LD) Item 7. SUBDIVISION MS 89-77 - APPROVE AGREEMENT - Knightsen Area It is recommended that the Board of Supervisors approve the Deferred Improvement Agreement with Edward Firpo, et al, and authorize the Public Works Director to execute it on behalf of the County. (Continued on next page) A G E N D A Public Works Department Page 3 of 8 December 6, 1977 00011 Item 7 continued The document fulfills a condition of approval for Subdivision MS 89 -77 as required by the Zoning Administrator, Owner: Edward Firpo 733 Second Street Brentwood, CA 94513 Location: Subdivision MS 89 -77 fronts for 1653 feet on the west side of Sellers Avenue, approximately 132 feet north of Delta Road, in the Knightsen area. (RE: Assessor's Parcel No. 033-130-043) (LD) Item 8. SUBDIVISION MS 33-77 - APPROVE AGREEMENT - Alamo Area It is recommended that the Board of Supervisors approve the Subdivison Agreement for Subdivision MS 33-77. Owner: Dean Criddle .714 Boyd Road Pleasant Hill, CA Location: Subdivision MS 33-77 is located south of Stone Valley Road, on the east side of the terminus of Dean Road, in the Alamo area, (LD) Item 9. SANITATION DISTRICT NO. 15 - ACCEPT EASEMENTS -.Bethel Island Area It is recommended that the Board of Supervisors, as ex officio Governing Board of Contra Costa County Sanitation District No. 15 accept the following listed easements and right of way contracts; authorize the Public Works Director to sign the contracts on behalf of the District and authorize the County Auditor-Controller to issue warrants in the amount specified, to be delivered to the Real Property Division for payment: Parcel Contract No. Grantor Date Payment ' 19 Bethel Island Municipal 10-28-77 $100.00 Improvement District 4A Sam Orona 11-6-77 $100.00 (RE: Work Order No. 5400-927) (RP) A G E N D A Public Works Department Page .4 of 8 December 6, 1977 00012 Item 10. SUBDIVISION 4948 - APPROVE MAP AND AGREEMENT - Alamo Area It is recommended that the Board of Supervisors approve the Final Map and Subdivision Agreement for Subdivision 4948. Owner: Centex Homes of California, Inc. 1153 Chess Drive Foster City, CA 94404 Location: Subdivision 4948is located at the northerly terminus of Miranda Avenue in the Alamo area. (LD) Item 11. SUBDIVISION 4922 - APPROVE M_AP AND AGREEMENT - Oakley Area It is recommended that the Board of Supervisors approve the final Map and Subdivision Agreement for Subdivision 4922. Owner: Justo Construction Company 101 Railroad Avenue Antioch, CA Location: Subdivision 4922. is located.at the northeast corner of Laurel Road and State Highway 4, in the Oakley area. (LD) (Agenda continues on next page) A_ G E N D A Public Works Department Page 5 of 8 December 6, 1977 01)(0.J GENERAL Item 12. RECOAi!MNDATIONS ON AWARD OF CONTRACTS The Public Works Director will _present recommendations on the award of contracts for which he has received bids. (ADM) Item 13. CALIFORNIA HIGHWAY PATROL TRAFFIC SAFETY CAMPAIGN - APPROVE REQUEST The California Highway Patrol has received a grant from the State Office of Traffic Safety for a statewide campaign against the drink- ing driver. As part of this campaign, the Highway Patrol will dis- play large banners with the campaign slogan, "Drinking and Driving is a Gamble You Lose. " Captain Barnett, Commander of the Contra Costa area, has requested installation of one banner on the Taylor Boulevard overpass over Geary Road. It is recommended that the Board support the safety campaign, and grant permission to the Patrol to install a banner in the road right of way during the holiday season extending through January 2, 1978, and further authorize the Public Works Director to assist with the installation of this banner. (MLK) Item la. BUCHANAN FIELD - CONSENT TO SUBLEASE - Concord Area It is recommended that the Board of Supervisors consent to the Sublease Agreement, dated November 3, 1977, between Theodore H. Kruttschnitt III, and Catherine M. Kruttschnitt (Sublessor) , dba Sheraton Inn and Concord Inn, and Anderson Leasing (Sublessee) licensed to use National Car Rental System in renting passenger automobiles, for conducting a car rental operation on the lease premises of Sheraton Inn, as provided in Sections 12.B and 16.A of the lease between the County and Sublessor approved by the Board of Supervisors on January 26, 1976. The County will receive 5% of the monthly gross revenue of the car rental activity in accordance with the Lease and Car Rental Agree- ment. (RE: Work Order 5235-658) (RP) Item 15. NORTH WING PLANNING DEPARTMENT REMODEL - APPROVE CHANGE ORDER No. 1 - Martinez Area It is recommended that the Board of Supervisors approve and author- ize the Public Works Director to execute Change Order No. 1 to the construction contract with John D. Wilson Construction Co. , of Lafayette, for the North Wing Planning Department Remodel, 651 Pine Street, Martinez. (continued on next page) A G E N D A Public Works Department Page 6 of 8 December 6, 1977 aid}0.14 Item 15 Continued: The Change Order is in the amount of $7,423.73, and provides for additional electrical and carpentry work. (RE: 0115-4111) (B&G) Item 16. ACCEPTANCE OF INSTRUMENTS It is recommended that the Board of Supervisors: A. Accept the following instruments : No. Instrument Date Grantor Reference 1. Consent to Offer 10-5-77 Gilbert C. Mendoza, SUB MS 90-77 of Dedication & et al. Subordination of Easement Rights B. Accept the following instruments for recording only: 1. Offer of Dedication 11-11-77 George S. Nunn SUB MS 107-77 for Drainage Pur- poses 2. Offer of Dedication 11-11-77 George S. Nunn SUB MS 107-77 for Roadway Pur- poses 3. Offer of Dedication 11-21-77 Edward Firpo SUB MS 89-77 for Roadway Pur- et al. poses 4. Offer of Dedication 11-8-77 Hazel Hult SUB MS 100-77 for Drainage Pur- poses 5. Offer of Dedication 11-23-77 Hazel Hult SUB MS 90-77 for Drainage Pur- poses 6. Offer of Dedication 11-10-77 Pro-Land Develop- SUB MS 90-77 for Drainage Pur- ment Co. , a poses partnership 7. Offer of Dedication 11-9-77 Pro-Land Develop- SUB MS 90-77 for Roadway Pur- ;Hent Co. , a poses partnership 8. Conservation and 11-23-77 Centrex Homes of SUB 4948 Scenic Easement California, Inc. Deed n 1 _ (LD) 00f;.�.J A G E N D A Public Works Department Page 7 of 8 December 6, 1977 Item 17. VARIOUS SUBDIVISIONS - DETER14INATION OF UTILITY EASEMENT RIGHTS It is recommended that the Board of Supervisors make a determina- tion that the division and development of the properties described below in the manner set forth on the -respective Parcel Naps will not unreasonably interfere with the free and complete exercise of the public utility rights of way or easements. This determination is necessary to allow the filing of the respective Parcel Maps without the signatures of the public utilities or entities involved. Subdivision DIS 165-77 Owner: Mr. O. Kemp Box 316 Alamo, CA 94507 Location: Subdivision DIS 165-77 is located on the southwest side of Kemp Court and on the south side of Las Quebradas in the Alamo area. Subdivision MS 138-77 Owner: Bob Helms 115 Hillside Drive Antioch, CA 94509 Location: Subdivision I-IS 138-77 is located on the north side of Laurel Road, 660 feet east .of O'Hara Avenue, in the Oakley area. (LD) Item 18. CONTRA COSTA COUNTY WATER 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. 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 n 119 other calendar items. 11����J"� A G E N D A Public Works Department Page $ of 8 December 6, 1977 t - Prepared by Chief Engineer of the Contra Costa County Warp_ Agency December 6, 1977 CAL:"NIDAR OF WATER MEEETINGS TILS:: A7'1=-NDA"-.ICF- DATE TTEhDA?�CEDATE DAY SPONSOR PLACE RENtUM Reco=ended Authorization Dec S Thurs. San Joaquin. 10:00 a.m. Public Advisor; Staff Valley Inter- Farm Bureau Cotmittee Meeting agency Drainage Office Progr am 12-14 1:'. Fledges Fresno Dec 13 Mon. Senate Assembly 9:50 a.m. 'Interim Hearings on Staff Conference Stockton Peripheral Canal Bill Committee (S.B. 346-Ayala) 000-1 PUBLIC WORKS DEPARrNMT CONTRA COSTA COUN'T'Y 1, Date: December 6, 1977 To: Board of Supervisors From: Vernon L. Cline, Public Works Director Subject: Contract Award Recommendation Re: Project No. 5269-926- (47) , (48) General Bids for the construction of Detention Facility Mechanical (Project No. 5269-926- (47)) and Detention Facility Plumbing (Project No. 5269- 926- (48) ) were received in the office of the Public Works Director and opened in Room 127, Courthouse Building, on Thursday, December 1, 1977. It is recommended that the Board of Supervisors award the construc- tion contract to the low bidder, University Mechanical and Engineer- ing Contractors, Inc. of San Leandro, California, in the amount of $3,512,200 for a combination of the Mechanical and Plumbing contracts. The recommended bid award includes implementation of the following bid alternates: Alternate A - Deletion of solar hot water system ($156,000 cost reduction) ; Alternate B - Added evaporation surface on centrifical chillers ($4,200 cost addition) . Turner Construction Company's final estimate for the combined bid prior to implementing the alternates was $3,234,000. A total of 13 bids were received for various combinations of the Mechanical, Plumbing and Sprinkler projects. It is also recommended that the Board authorize the Public Works Director to consolidate the two contract awards into a single con- struction contract to simplify contract administration. VLC:kac cc: Countv Administrator County Counsel Clerk of the Board Detention Facility Project 0 118 PUALIC WOIt3CS DEPARr.AENT CONTRA COSTA COUNTY Date: December 6, 1977 To: Board of Supervisors From: Vernon L. Cline, Public works Director Subject: Contract Award Recommendation Re: Project No. 5269-926- (49) General Bids for the construction of Detention Facility Sprinkler were received in the office of the Public Works Director and opened in Room 127, Courthouse Building, on Thursday, December 1, 1977_ It is recommended that the Board of Supervisors award the construc- tion contract to the low bidder, Viking Fire Protection Company of San Carlos, California, in the amount of $247,859. 00. Turner Construction Company' s final estimate was $271,000. A total of thirteen bids were received for various combinations of the Mechanical, Plumbing and Sprinkler projects. VLC:kac cc: County Administrator County Counsel Clerk of the Board Detention Facility Project 00( 9 THE BOARD OF SUPERVISORS MET IN ALL ITS CAPACITIES PURSUANT TO ORDINANCE CODE SECTION 24-2.402 IN REGULAR SESSION AT 9 :00 A.M. , TUESDAY, DECEMBER 6, 1977 IN ROOM 107, COUNTY ADMINISTRATION BUILDING, MARTINEZ, CALIFORNIA. PRESENT: Vice Chairman R. I. Schroder, presiding; Supervisors J. P. Kenny, N. C. Fanden, E. H. Hasseltine. ABSENT: Chairman W. N. Boggess. CLERK: J. R. Olsson, represented by Geraldine Russell, Deputy Clerk. (Chairman Boggess arived at 10:20 a.m. and was present for the 10:45 a.m. , 11:00 a.m. , and 11 :05 a.m. hearings as shown on the Board calendar. ) f#41f r)o 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- fi1med. In such cases, when the documents are received they will be placed in the appropriate file to be microfilmed at a later time) . ` ) ►21 In the Board of Supervisors of Contra Costa County, State of California December 6 J 19 In the Matter of Proceedings of the Board during the month of November, 1977. IT IS BY THE BOARD ORDERED that the reading of the minutes of proceedings of the Board for the month of November, 1977 is waived, and said minutes of proceedings are approved as written. PASSED by the Board on December 6, 1977. 1 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. Witness my hand and the Seal of the Board of Supervisors affixed this 6th day of December 19= J. R. OLSSON, Clerk By Deputy Clerk _ obbie ierrez H-24 4/77 15m 00022 In the Board of Supervisors of Contra Costa County, State of California December 6 , 19 77 in the Matter of Affidavits of Publication of Ordinances . This Board having heretofore adopted Ordinances Nos . 77-979 77-102, 77-104 through 77-113 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 regularly 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. 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 6th do .of December , 19 77 J. R. OLSSON, Clerk 8y Deputy"Clerk H 12/74 - 15•M R bie4Gtrez For m #30 4/7/75 00023 In the Board of Supervisors of Contra Costa County, State of California December 6 , 19 77 In the Matter of Ordinance(s) Adopted. This being the date fixed to adopt the ordinance(s) indicated, which amend(s) the Ordinance Code of Contra Costa County and was (v:ere) dull; introduced and hearing(s) held; The Board ORDERS that said ordinances(s) is, (are) adopted and the Clerk shall publish same as required by law. Ordinance Number Subject 111ews_paper 77-116 Amending Section 32-2.624 of Contra Costa Times the County Code to include the position of--Public Information Assistant as an exempt position PASSED on December 6. 1977 by the following vote of the Board: Supervisors AYES 1,10 ABSENT J. P. Kenny (( ( j j N. C. Fanden R. I. Schroder ow ( ) ( ) W. h. Boggess ( ) ( ) ( xx) E. H. Hasseltine (M ( ) ( ) 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 6th day of December , 19 77 J. R. OLSSON, Clerk ByDeputy Clerk H 24 12/74 - 15-h1 Ro ie Gu errez 0 024 P O S I T I O N A D J U S T M E N T R E Q U E S T No: /0�^ � Departm,ent county Administrator Budget Unit 003 Date 11/9/77 Action Requested: Allocate the class of ?'ub3ic Inforration t ssistant on an Exenpt basis. Proposed effective date: ASAP Explain wi'ty adJustnent is deeded: Aur .crt st:!ff of County de-pub-1 ic information program. Estimated cost of adjustment: Amount: 1 . Salaries_, and wages: $ 2. Fixed Assets: (.0 iz t .henna cuzd cons,) E $ Estimated total $ Signature Department Head initial Determination of County Administrator Date: Count: Administrator Personnel Office and/or Civil Service Commission Date: November 29, 1977 Classification and Pay Recommendation �Ulocate the class of Public Information Assistant on an Exempt basis and classify 1 position. Me above action can be accomplished by amending Resolution 77/602, Salary Schedule for Exempt Personnel, by adding Public Information Assistant, at 1977-78 Salary Level 424 (1342-16312;and 1973-79 Salary Level 440 (1410-1713) ; also amend Resolution 71/17 to reflect the addition of 1 Exempt position of Public Information Assistant. Gan be effective day following Board action. This class is exempt from overtime. for. personnel--Di rector ,Recommendation of County Administrator , Date: December 2, 1977 Recommendation of Personnel Office and/or Civil Service Commission approved effective December 7, 19 7. County Administr for Action of the Board of Supervisors Adjustment APPROVED ( ) on IFC G 1977 J. R. OLSSON, County Clerk 1 't mate. --`�--� F i�77 _ By �'� r' /t 1 ( 1 E_� L_ Patricia A. i=3n11 1� , : acrk A—FTRl VAL adyaL --IL Nicilt conz.'Utatm cut App.�opPz-t.att.c,. Adjust meat and P.&4.5ojinee. NOTE: Top section and reverse side of form rmmt be completed'and supplemented, when app ropria e, by an organization chart depicting the section or office affected. P ?DU ((•1347) (Rev. 11/70) 0��� L t D R A F T 1977-73 Proposed Salary Level : 424 1973-7 Proposed Salary Level : 440 (1410-1711) Contra Costa County December 197.7 . PUBLIC INFORMATION ASSISTANT DEFINITION: Under limited supervision, to perform a variety of public information work as .a member of the County's Public Information Program; and to perform other related work as required. DISTINGUISHING CHARACTERISTICS: Public Information Assistant is a single-position class, the incumbent of t•;hich performs a wide variety of County government public information activities such as viriting news releases, newsletters and other public information materials, speaking before groups and audiences, assisting the news media, and related activities. The class is distinguished from the class of Public Information Officer in that the latter is responsible for the operation of the total County Public Information Program. TYPICAL TASKS: Prepares news releases by gathering information regarding County activities and programs, organizing the material , and writing the articles using accepted style and format; designs, prepares layout, and writes or update,'- copy of pamphlets, brochures and bulletins regarding County activities and programs for publication and public dissemination; assists members of the com•nunication media in obtaining background and special materials; may assist in the preparation and presentation of television anti radio orogranaing regarding County activities and programs; as required, speaks before public groups to 'disseminate information about County government services, programs and activities. MINIMUM QUALIFICATIONS: License Required: Valid California Motor Vehicle Operator's License. Education: Possession of a baccalaureate degree from an accredited college or university erith a major in public relations, advertising, mass communications or a closely related field. Ex oerience: One year of experience in public information or related trork which was directly involved in the preparation and dissemination of information to the general public. Substitution: Additional qualifying experience may be substitu!:.:d for the required education on a year-for-year basis, up to a maximum of four Y;, ars. Good knowledge of English composition including grain r, punctuati.-n, spelling, language mechanics and syntax; kno:rledge of the principles and tec' r;ibes of !:,ass com-unication, public relations and public speaking; ability to effectiveiy assist in the preparation of ne:•rsletters, ne;1s releu-•es, and related in-Formation 01 1,)2:i J POS I T I 0 ti ADJUSTMENT REQUEST No: Department Probation Department Budget Unit 308 Date 11./15/77 Action Requested: _Revise antilor retitle t•lansif:r•atinn of Senior nnrnty Prnbnfjon Offir•nr — Project to Deputy Probation Officer TIT—Prn.js-et Proposed effective date: ASAP Explain why adjustrient is needed: cf classifiraden restrt.rrnrino_ Estimated cost of adjustment: Contra Costa County Amount: 1 . Salaries and wages: RECEI VEDs 2. N xed Assets: (Z s t .t tetns and cost) 4-,q 7977 t - —Qazae. of $ Ccuf�1 t ' Estimated total Acminator. Signature Department Head Initial Determination of County Administrator Date: % /l - `)' To Civil Service: Request Recommendati outity 'Admi.,n, str'ator ' .1 Personne: Office and/or Civil Service Commission Date : *1n1:er7,1,rr 90 1077 Classification and Pay Recomnendation fea.Llccate class and all positions of Senior Deputy Probation Officer-Project to Deputy Probation Officer III-Project. Study discloses duties and responsibilities are npi)ropriate to the class of Deputy Probation Officer III-Project. Can be effective day following Board action. The above action can be accomplished by ammerding resolution 77/602 and 71/17 to reflect the retitling and reallocation of class and positions of Senior Deputy Probation Officer- Project, to Deputy Probation Officer III-Project, both at Salary Level 435 (1388-1687) . for Pbrsonnel Director Recommendation of County Administrator _ _ Date: December 2, 1977 ! Recommendation of Personnel Office and/or Civil Service Commission approved effective December 7, 1977. County Administrator A. Action of the Board of Supervisors /adjustment APPROVED on DEC 6 1977 J. �R. OI,S,-ON, County Clerk 6 1977 C '- • ... ►.?ate: D BY: -i aT. ICl� A. Ful) D:Puij C!crk .1l."710VAL of Ath.Ls adjusti.ieilt c0116tZttLtes cut AppEcr'LiAt'L 'n Adjust--Tient and F1'`.. ennee NOTE: Top section and .•everse side of form frrus.t be ca;irleted and supplemented, when appropriate, by an organization chart depicting the' se-.ction or office affected. P 100 (11347) (Rev. 11/70) 00027 P O S I T I 0 A D J U S T M E 14 T R E 0 U E S T No: L/ Civil Service Department 581 & Department Public Service L.iployment Budget Unit 5,012 Date 11./29/77 Action Requested: All.oc:to t1he following classes to t1:e E:{empt SalarySchedule: Accountant- Auditor I-CLTA; Data Processing Operator ira.,nee-CETA; Depiity County Counsel I-CrTA; Sheriff's Services Assi;:tai:t-CETA; Storeroom Cler',.-CETA Proposed effective date: ASAP Explain why adjustment is needed: MA Public Service Iimplo-nrent adjustments necessary to iz-j-,lc,.:;ent FY 77-78 Estimated cost of adjustment: Amount: 1 . Salaries and wages: $ 2. Fixed Assets: (ZLS-t .ttem6 altd cv:s•t) i $ Estimated total $ Signature for Department Head ! Initial Determination of County Administrator Date: I 1 Counly Administrator Personnel Office and/or Civil Service Commission Date: 'eve i;er 29, 1977 Classification and Pay Reconmendation Allocc+te the following classes on an L: ?:.pt basis: Accountant-Auditor I-CLTA; Data Processing; I:ciuipw.ont Operator Trainee-CETA; Deputy County Counsel I-CITTA; Sheriff's Services Assistant- CrTA and Storerocn: Clerk-CETA. The above action can be accomplished by at.endiny Resolution 77/602, Salary Schedule for Exempt Personnol, by addi::,,; Accountant-auditor I-CrTA, 1977-78 Salary Level 357 (1.094-1330) and 1.978-79 Salary Level 373 (1149-1.397); Data ?'rocessing Equipment Operator Trainee-CETA, 1.977-78 Snln ry Level 232 (745-900)and 1978-79 Salnry Level 248 (735-954) ; Deputy County Counsel I-C E'TA, 1977-78 Salary I.evel 426 (1351-1489) and 1.978-79 Salary Level 442 (1149-1397) ; Sheriff's Sin-vicr-s Assistant-CETA, 1977-78 Salary Level 3221 (1084-1.196) and 1978-79 Salary ` Levc1 338t (1139-1255); Storeroom Clerk-CETA, 1977-7° Salary Level 279 (563-101#9)3 and 1978-79 i Salary Level 295 (906-1101) . + Phe abo•:c classes are not exempt frons cvertire. Personnel;:Director (Assistant:) Recommendation of County Administrator ' Date: De . --fir?, 1g7] r I Recommendation of Personnel Office and/or Civil Service Commission approved effective December 7, 1977. County Administrator Action of the Board of Supervisors DEC 6 1977 I Adjustment APPROVED ( IWNt&K0 on J. R. OLSSON, Coufri_-y Clerk Date: C E C G 1977 By: aei_, F fr)C�Z A. Gell Uerk rTPnUJAL cj =iS ad "U.6trie;t-t COILS.l%i,tc;,te�S cut ApraLv;cvuaztio;L Ad ttistiiient and P.1vSoanv_?_ �f:SOti'Li=0011 r'1atLlltitti?.1/t. 1 NOTE: Top secs.-ion and reverse side of ,`oris he cc pleted and supplemented, when appropriate, by an organization chart depicting the section or office affected. P 300 (M347) (Rev. 11/70) 1l000c' D R A F T 1977-78 Proposed Salary Level : 357 (1094-1330) 1978-79 Proposed Salary Level : 373 (1149-1397) Contra Costa County November 1977 ACCOUNTANT-AUDITOR I-CETA DEFINITION• Under supervision to perform the less difficult accounting and auditing functions, including the examination, analysis, maintenance, reconciliation and verification of fiscal records; to assist in installing new accounting systems; and to do other work as required. DISTINGUISHING CHARACTERISTICS: Incumbents in this class work in federally funded project positions adminis- tered by Conta Costa County. TYPICAL TASKS: Auditing: Assists in the examinations, analysis and verification of the fiscal records of the County departments, of districts which receive and disburse funds, and of businesses that have a contractual relationship with the County; assists in the study of, and makes recoiivaendations concerning various recording and reporting systems; assists operating departments in revising record keeping procedure; reviews vouchers, invoices, requisitions and other financial documents as a part of the post audit function. General Accounting: Vouchers and approves documents; prepares materials for punch card accounting; maintains various schedules of analyses required by the accounting process; initiates journal entries; maintains and develops monthly state- ments; reconciles various control accounts; assists in preparing budgets for various County departments and special districts including the annual financial reports, Departmental Accounting: ?Maintains history of equipment, classified equipment costs; breaks down expenses to various funds; initiates purchase orders; reco;1ciles control accounts; maintains capital outlay disbursements on new egl:iprilent; transfers funds between accounts; assists in work order cost accounting on road construction and maintenance projects; assists in budget preparation; may provide direction to account clerks. MiNIMUM QUALIFICATIONS: License Required: Valid California Motor Vehicle Operator's License. Education: Either (1) Possession of a baccalaureate degree from an accredited college or university and a major in accounting or business admini- stration including at least 12 semester units of accounting; or (2) Possession of a Certified Public Accountant certificate. Substitution: One year of accounting experience may be substituted for the required major and the required accounting units. r Page Two ACCOUNTANT-AUDITOR I November 1977 Goo! knowledge of basic accounting .incipTes; general i:nowIf .'ge of au i 11 principles, goy ,-rnmental accounting and budgeting; ability to wr f to clear arid reports; ability to understand and apply pertinent rules, regulations, and laws; ._ :ility to establish and maintain effective work relationships with C�t'oei`s. Class Code No. AB:rfl 11/21/77 cc: Auditor-Controller's Office NDC, RH, RKH, WGR, EK, SAFETY, TRAINING Departmental Approval`_ �� _, Date 0000 D R A F T 1977-73 Proposed Salary Level : 232 (748-S-u0) 1978-79 Proposed Salary Level : 248 (785-954) Contra Costa County November 1977 DATA PROCESSING EQUIPMENT OPERATOR TRAINEE-CETA DEFINITION: Under close supervision, to learn to set up and operate tabulating equipment; to learn to control projects; and to do other work as required. DISTINGUISHING CHARACTERISTICS: Incumbents in this class work in federally funded project positions adminis- tered by Contra Costa County. TYPICAL TASKS: Performs a variety of tasks under the supervision of an experienced operator; learns the operation and adjustment of tabulating equipment such as sorters, collators, reproducers and interpreters; assists in preparing reconciliations, reports and state- ments; learns proper procedure for wiring panels and setting switches on tabulating equipment; learns procedure for testing tabulating equipment for proper performance; learns staging, control and tape library operations. MINIMUM QUALIFICATIONS: Education: Possession of a high school diploma, G.E.D. equivalency or a high school proficiency certificate. Ability to learn operation of tabulating equipment; ability to apply arith- metic principles and to correct simple computational t- rors; ability to understand systematic, numerical , record keeping and data gather-Ing procedures; ability to learn to perform clerical , financial and statistical record keeping work of average difficulty; ability to follow oral and written directions; ability to write neatly and legibly; ability to operate adding and calculating machines. Class Code No. AB:rfl 11/17/77 cc: Auditor-Controller HDC, RH, RKH, t;GR, EK, SAFETY, TRAINING Departmental R rova Date 00031 D R A F T 1977-78 Proposed Salary Level : 4?5 (1351-1489) 1978-79 Proposed Salary Level : 442 (1149-1397) . ,_,ntra Costa County November 1977 DEPUTY COUNTY COUNSEL I-CETA DEFINITION: Under close supervision, to do less difficult civil legal work involved in interpreting and applying federal , state and local laws and ordinances, analyzing legislative measures, preparing and presenting cases and writing legal opinions; and to do related work as required. DISTINGUISHING CHARACTERISTICS: Incumbents in this class work in -federally funded project positions admin- istered by Contra Costa County. 7YPiCAL TASK`S: Confers with county and district officers and employees and prepares opinions concerning their actions, powers, duties, functions and obligations; studies, interprets and applies laws, court decisions and other legal authorities for use in the preparation of cases, op-*:nions and briefs; prepares pleadings and other papers in connection with trials, hearings and other legal proceedings; attends meetings of boards, and commissions as requested and gives legal advice and counsel ; presents cases before all courts except appellate or federal courts; performs a wide variety of legal research; drafts contracts, leases, conveyances and ether legal documents; dictates correspondence and prepares reports. MINIMiUM QUALIFICATIONS: License Required: Valid California Motor Vehicle Operator's License. Registration: Active membership in the California State Bar Association. A thorough knowledge of legal principles and their application; knowledge of trial and hearing procedures and rules of evidence; knowledge of legal research methods and the ability to perform legal research; knoi,iledge of county government functions; ability to analyze and apply legal principles, facts, evidence and precedents to legal problems, ability to present statements of law, fact and argu- ment clearly and logically in written and oral form; ability to maintain harmonious and cooperative relationships with fellow staff r;embers, departmental representatives and the public. Class Code No. . / Departmental Approval�-.��-jf��,.,•, AB:rfl T 11/17/77 Date_ cc: County Counsel HDC, RH, RKH, WGR, EK, SAFETY, TRAINT',;G 0001g32 D R A F T 1977-73 Proposed Salary Level : 327-T (1084-1196) 1978-79 Proposed Salary Level : 338T (1139-1255) Contra Costa County November 1977 SHERIFF'S SERVICES ASSISTANT-CETA C!=FINITIOtN: Under direction to inspect and schedule motor vehicles for preventive maintenance servicing and minor repairs; to arrange for the installation and maintenance of accessory equipment on departmental motor vehicles; to transport and supervise prisoner work crews; to perform a variety of technical and manual tasks related to service support functions of the Sheriff's Office.- DISTINGUISHING CHARACTERISTICS: Incumbents in this class work in federally funded project positions administered by Contra Costa County. TYPICAL TASKS: Inspects and schedules patrol cars, vans, station wagons, buses and trucks for preventive maintenance servicing; prepares and initiates work orders and .deadlines of vehicles in need of mechanical a`,'or accessory equipment repair; maintains vehicle maintenance records and submits ve :e operations reports as required; keeps records of vehicle assignments to the variGas oper::ting divisions and makes recommendations regarding vehicle replacement; solicits bids for body repair :urk on vehicles; drives vehicles to the motor pool garage and electronic repair shop for servicing and/or repairs; drives a truck or when transporting prisoners supervises prisoner work cr-ils; insures i•;ork crews complete as: ": ped tasks; reports prisoner incidents; may deliver food and other supplies to the .runty Jail and Re?:abilittation Center; may be assigned storekeeping duties as needed; rakes written and/-;f• oral reports as required. MINIMUrM QUALFICATIONS: License Required: Valid Class II California i+otor Vehicle Operator's License. Education: Possession of a high school diploma, G.E.D. equivalency or a high school proficiency certificate. Experience: Two years of full time paid experience in the operation and/or maintenance of motor vehicle equipment. Age Requirement: 21 years of age. Knowledge of Califon_a Vehicle Code as it applies to traffice rules and regulations; general knowledge o tthe operation and maintenance of sedans, Vans, buses and light trucks; ability to detect Conditions that gill affect the safe operation of motor vehicles; ability to Direct the work of prisoners; ability to deal effectively and harmoniously er' , law enforcement officers and to keep simple records and submit routine repo:--._s. nn Class Code No. AB:rfI Departmental 11/21177 Ca teiT cc: Sheriff's De cr tment HDC, RH, RKII, tdGR, EK, SAFETY, TRAINING D R A F T 1977-73 Proposed Salary Level : 279 (863-3 ) 1978-79 Proposed Salary Level : 295 (906-.1-- Contra Costa County November 1:=77 STOREROOM CLERK-CETA DEFINITION: Under close supervision, to perform manual tasks and routine clerical rk connnected with receiving, storing and issuing materials, supplies and equipment; and to do work as required. DISTINGUISHING CHARACTERISTICS: Incumbents in this class work in federally funded project positions admin- istered by Contra Costa County. TYPICAL TASKS: Unpacks and inspects incoming supplies; moves and stacks heavy, bulky items in storeroom; gathers, issues and obtains signature for stock issued; assists with annual inventory; drives large trucks to pick up or deliver items needed in emergencies; keeps storeroom and storage area dean and orderly; assembles and disassembles hospital beds and other equipment received in the storeroom. MINIMUM QUALIFICATIC+dS: License Required: Valid California Motor Vehicle Operator's License. Education: Possession of high school diploma or G.E.D. equivalency or a . high school proficiency certificate. Ability to make simple arithmetical calculations; ability to read and under- stand simple records and reports; ability to do manual work required to maneuver and lift heavy and bulky objects; ability to follow oral directions; ability to operate a large motor vehicle in a safe and efficient manner. Class Cn�'e No. A8:r', 11/21/77 cc: HDC, RH, RKH, WGR, EK, SAFETY, TRAINING �v� Departmental Approva 1�,,°�� Date 00034 POS I T I On, ADJUSTMENT REQUEST No: Civil Service Department 581 & Department Public Service Employment Budget Unit 582 Date 11/29/77 Action Requested: Reallocate 26 CETA positions per attached list. Proposed effective date: ASAP Explain why adjustrient is needed: CETA Public Service Employment adjustments necessary to implement FY 77-78 program plan. Estimated cost of adjustment: Amount: 1 . Salaries and wages: $ 2. Fixed Assets: f tcs.t .iteina cazd co.6t) ! $ Estimated total $ Signature Department Head + Initial Determination of County Administrator Date: County Administrator Personnel Of,-""ice and/or Civil Service Conmission Date: ',November 29. 1977 Classification and Pay Recorm7endation Reallocate persons and positions per attached list. Study discloses duties and responsibilities now being performed justify reallocation to the classes per attached list. Can be effective day following Board action. The above action can be accomplished by amending Resolution 71/17 to reflect the realloca- tions of the persons and positions per attached list. AssistantPersonnel Director Recommendation of County Administrator Date: December 2, 1977 -,it: j Recommendation of Personnel Office and/or Civil Service Commission approved effective December 7, 1977. C I County Administrator Action of the Board of Supervisors 4 E C G 1977 Adjustment APPROVED on J. R. OLSSON, ; County Clerk Date: DEC G 1477 By: 11�_I Patricia r f3r:, I Dei::,f clerk r in 1t'A ` �,( �,S j 7 1'� 11 ', f ' d PuLsojmeZ� G u tl?L ad mss C;L cons.tit(. teS cut A�j .%o )tia tUil t�d 1LS�J1iLfLt Citi j 7�+i5o.i.CLti.J3l r•.!'i(�..{'LtRi(?lLt. -IT7-a-)a section ur,d rev=rse side of form rrrust be completed and supplemented, when epropria Te, by an organization chart depicting the section or office affected. P 1300 ( i3-r (Rev. 11/70) Cost `n Clissifination Cntr. Posit_i_on_ # to: Account C.lcrk Trainer.-Project 582 01, 02 Account Clerk Trainee-CETA C Accountnnt-Auditor I-Project 582 02 Accountant-Apditor I--CETA Appraiser Aide-Project 582 01,02 Appraiser Aide-CETA Data Processing Equip. Opr. Trne.-Project 582 01, 02 Data Processing Equip. Opr. Trn c.--CETA Deputy County Counsel I-Project 582 01- thru 04 Deputy County Counsel I-CETA Sherifr's Services Assistant-Project 582 01 . Sheriff's Services Assistant-CETA Custodian I-Projcct 581 01 thru 04 Custodian I-CETA typist Clark Traince-Project 581 01 thru 04 Typist Clerk Trainee-CETA Junior Draftsman-Project 581 01 Junior Draftsman-CETA Storeroom Clerk-Project 581 01, 02 Storeroom Clerk-CETA Collections Services Asst. Traince-Project 581 01 thru 03 Collections Services Asst . Trainee-CETA TOTAL 26 CONTRA COSTA COUNTY APPROPRIATION- ADJUSTMENT T/C 2 7 1. DEPARTkENT OR ORGANIZATION 'UNI�T: �, rri ' ACCOUNT CODINC Planning ORGANIZATION SUB OBJEGT 2. 'FIXED ASSET <DECREASEINCREASE OBJECT OF EXPENSE OR FIXED ASSET ITEM 16, QUANTITY > 3500 Conference Table 4re-C 1 3 1 $600 -I_r_.T_V_ 3500 7750 Camera (35 mm) with Telephoto Lens ee,'r7 1 $600 Co- ,.Itra Costa County RECEIVED IvOV 29 1977 office of Cc,jni,/ Administrato APPROVED 3. EXPLANATION OF REOUEST AUDITOR-CONTROLLER Camera is needed for long distance, detailed, and I reproduceable photographs in zoning ordinance Y. Date violation cases which cannot be accomplished by our Polaroid cameras. Long distance photography COUNT AD A;DINISTRATOR is necessary for photographs from adjoining pro- t. Detailed photographs are necessary in J 7 perties. By: /Y\C Date court actions and reproduceable photographs (from negatives) are necessary to provide duplicates of BOARD OF SUPERVISORS photos to various involved or reviewing parties (i .e. , 7 Planning Commissioners on revocation YE S- Supervisors Kenny.Fanden hearings. Schroder.NOW Hasxltlae NO: r\b VkDL 0 JV7 W. N. Boggess OnDU 77 Dir. of Planning 11/217 Dir. /7 J,R. OLSSON, CLERK 4.- NAtURE TITLE DATE A?tho y A 6ehae SUS APPROPRIATION ADJ. JOURNAL W B Patricia A. B�11 I Depuity, Clerk INSTRUCTIONS ON R 0 (M 129 Ray. 7,177) SEE INSTRUCTIONS ON REVERSE SIDE • CONTRA CO3TA COUNTY • APPROPRIATION ADJUSTMENT T/C 2 7 ACCOUNT CODING 1. DEPARTMENT 01 ORGANIZATION 011T: Probation =3060 ORGANIZATION SII-OIJECT 2. FIXED ASSET <DECREASI;> INCREASE INJECT OF EXPENSE 01 FIIED ASSET ITEM 10. OIUTITT 3060 4951 Dictator/Transcriber 0005 110 3060 2100 Office Expense 110 Contra Costa County RECEIVED rip 30 lyll Office of County Administrator APPROVED 3. EXPLANATION OF REQUEST AUDITOR-CONTROLLER Data /W7 To adjust fixed asset amount for purchase price of Dictator/Transcriber per Auditor-Controller's COUNTY ADMINISTRATOR request. By. !-\, Data 1 //7 BOARD OF SUPERVISORS YES: Supervisors Kenn}•.Fandc:i Schrodcr,_Hesse:tine NO: Ctt .4', W. N. aoggesl?nD E 6 177 i `2 CcciL..�E✓.�2JM J.R. OLSSON, CLERK 4 i .'l�Ct =` Asst.County P.O. 11 /22/77 1 L 818MATYAE r TITLE pAT[ Y. �` APPRIPR1AT111 APOOSD9'i A. Bell DCPu;1 C.ierK ADJ. JOURNAL 10. (N 129 Rev. 7/77) ` GEE INNTRYCTIONN ON R[VERSE 3109 j� i • CONTRA COSTA COUNTY APPROPRIATION AOJUSTYENT T/C !T 1. DEPARTNEIT Of ORCAIIZA1111 UNIT: ACCOUNT CORING PROBATION DEPARTMENT - ORG. CODE 3060 ORGANIZATION SOB-OBJECT 2. FI1E1 ASSET -(JECREASF> INCREASE OBJECT OF EXPENSE OR FIXED ASSET ITEM 1/ NIYTITT - - 063- 1013 Temporary Salaries 3440 3869— 1014 Overtime 1400 3G6 2100 Office Expense 240 39f 2250 Rental of Equipment 640 3-Gb 2303 Other Travel Employees 780 .3469- 2310 Professional and Personal 1380 /,32;- 346.0— 2476 Recreation APPROVED 3. EXPLANATION OF REOUEST AUDITOR- NTRO ER To adjust within Org. Code 3060 accounts to facilitate _ : / Dote �� /r,5777 appropriation reallocation for Special Supervision Program approved by the Department of Youth Authority. COUNTY ADMINISTRATOR This adjustment reviewed with Auditor-Controller's Budget Division By: � DateL_ BOARD OF SUPERVISORS YES: SuPmisnrs K,,,,,.Fihdrn NO: W u i_ 1 1, 7 N. BOc��y03"" f2_ CEc.< .IEaA¢U.yt J.R. OLSSON, CLERK 4. 17 ASST.CO.PROB.OFF. 11/3 /77 IIAIYR[ TITLE DATE APP111PRIATIIN A POO,-5-6 754 Patricia A. Vie. ) cPL i Clerk AIJ. ANNUAL 11. �0 (N 129 Nov. 7/77) BEE INSTRUCTIONS ON REVERSE BIDE P CONTRA• COSTk COUNTY APPROPRIATION' ADJUSTMENT T/C 2 7 ACCOUNT CODING i. DEPARTMENT OR ORGANIZATION UNIT: Public Works Dpt. ORGANIZATION SUB-OBJECT 2. FIXED ASSET -rbECREA5E> INCREASE OBJECT OF EXPENSE OR FIXED ASSET ITEM NO. QUANTITY PLANT ACQ - REV SHARING FUND 0115 4015 1. New Jail Site 50,000 4054 Detention Facility 50,000 PUBLIC WORKS 4523 4591 2. Planimeter 0002 70 S 2170 2. Household supplies 70 4542 4541 3. Calculator 0006 1 300 S 2131 3. Minor tagged equipment oo/* 300 4502 4951 4. Credenza 8960 1 250 4523 4951 S Calculator programable 0009 250 APPROVED 3. EXPLANATION OF REQUEST AUDITOR-CONTRO LER 1. Appropriate additional right of way funds BY: Data / / for the Detention_ Facility Site. 2. Cover increase costs of planimeter COUNTY ARZ TOR 3• Transfer funds for non capital calcu.iators 4. Provide funds for credenza. By: -�` Date ���/�7 BOARD OF SUPERVISORS YE S: Supen•isors Kenny,Fandcn Schrader,_.Hssseltine N0: W. N. Bo 99--ess's o D E C1 6/ 19 7 J.R. OLSSON, CLERK 4. - Public "orfs Director 42477 SIGNATURE TITLE DATE By: Q _ APPROPRIATION A POO 5"D$7 atricia A. Bell Deputy Clerk ADJ. JOURNAL N0. 7 (M 129 Rev. 7/7T) SEE INSTRUCTIONS ON REVERSE SIDE 01)(}►4 V 0 CONTRA COSTA COUNTY . APPROPRIATION ADJUSTMENT T/C 2 7 I. DEPARTMENT OR ORGANIZATION UNIT: ACCOUNT CODING Library. 6Z0, ORGANIZATION SUB-OBJECT 2. FIXED ASSET <DECREASE> INCREASE OBJECT OF EXPENSE ON FIXED ASSET ITEM 10-• QUANTITY 3786 4952-41.5 Map file 0045- $25.00 3700 2100 Office Expense $25.00 Co-ltra Costa County RECEIVED NOV 29 1977 Office Of Ccunty Administrator. APPROVED 3. EXPLANATION OF REQUEST AUDITOR-CONTRO ER Br``►� �- 9Date }t 01/1 Additional funds needed for purchase of map file. COUNT1Z.ca, ATOR By: Date BOARD OF SUPERVISORS YE S: Supervisors Kenny.Fanden SchrodHasseltine N0: �wk er,t� DEC/6 1977 AA���; W. N. Bo99eSAn / / Administrative Services Officer 11 /21/77 J.R. OLSSON, CLERK 4. S16 ATUIIE TITLE DATE ay�Aua a_� P APPROPRIATION A P00,5;2 D PatriciaA. r'C1� ADJ. JOURNAL NO. �`�`�A� a I Deputy Clerk 9 L� (M 129 Rev. 7/77) SEE INSTRUCTIONS ON REVERSE SIOE CONTRA COSTA'COUNTY APPROPRIATION ADJUSTMENT T/C 2 7 ACCOUNT CODING I. DEPARTMENT OR ORGANIZATION UNIT: u 7 Auditor-Controller/Data Processi n - 1060 ORGANIZATION SUB-OBJECT 2. FIXED ASSET �DECREASE> INCREASE OBJECT OF EXPENSE DR FIXED ASSET ITEM NO. QUANTITY 1060 2250 Rent of Equipment 4165 S/ 1060 Data Action Key Tape Machines Inocz 3 4165 a 1�1 O f+ rT7 K •�, APPROVED 3. EXPLANATION OF REQUEST AUDITOR-CPTR9LlER Purchase Data Entry Equipment presently being By: ms� Date It /,(/7 leased . COUNTY ADMINISTRATOR L By: 'y\ALS,Dote/2'/ BOARD OF SUPERVISORS YE S: Juprn•uor,Krnm,Fandrn $chrodu, Huxhine NO:�Q►�C C�SDS`rte W. N. BoggeSSOP F Q 61 IS77 J.R. LSSON, CLERK 4. Off.Svcs .Mgr. 11 X15/77 SI"AT TITLE DATE O By. , ADJ. A APPROPRIATION NO.A POO J0 -754 a rich A. Bell Deputy clerk (M 129 Rev. 7/77) ( SEE INSTRUCTIONS ON REVERSE SIDE CONTRA COSTA COUNTY APPROPRIATION ADJUSTMENT T/C 2 7 F(F M L% ,R ! 2 3 1. DEPARTMENT OR ORCANIZATION UNIT: L 1!1 uK � 4 ACCOUNT CODING �� / _ Riverview Fire Protection District ;;�.;-� • ORCAN11ATIONSUB-OBJECT 2. � '�� CE Q, 56�ETY <DECREASE> INCREASE OBJECT DF EXPENSE OR FIXED ASSET [TEN NQ. Q if 7200 4953 Pump for Fire Boat 0044 1 2500.00 7200 6301 For Pump for Fire Boat 2500.00 t CO'Itra Costa County RECEIVED Nr0V 29 11977 Office of Ccuniy Administrator, APPROVED 3. EXPLANATION OF REQUEST AUDI TOfj?CQNT ROLLER l/ �� To provide for cost of pump for Fire Boat Eiy: � ' Date , i from Reserve for Contingency. COUNTY ADMINISTRATOR � � '�7'J By; D0teL2—! BOARD OF SUPERVISORS YE S r Supmisons Kcnn).I=andcn Schrodcr._H.Swj ine NO:v\o Wk- DEC 6 197 A b5e►��: W, N. Boggess on J R. OLSSON CLERK 4. 117 77 51AWA TU11[ T1T DATR A .[AT10N F�atricia Clek A. Bell � UL' u.•• AGDj AJCU >;Al N0. P t r IM 12Q Pev /'•71 SEE IIit-F%dC11C!!S C4 REVERSE SIDE .•14 wsta County CONTRA COSTA COUNTY ;'RECEIVED APPROPRIATION ADJUSTMENT IVOV 28 1977 T/C 2 7 Office of CounterAdau is ,'Tor DEPARTMENT OR ORCANIZATION UNIT: it �jr O1 ACCOUNT CODING iit"1l t ,j +'(i 1; ' ,Ir i• _ Riverview Fire Protection District �.. ORCANIIATION SUB-OBJECT 1. FIXED ASSET <DECREASE> INCREASE OBJECT OF EXPENSE ON FIXED ASSET ITEMLU!LL pU,fNTITT 007200 4956 Multi purpose saw, 12 inch 0024 $73.00 007200 6301 For Multi Purpose saw $73.06 PPROVED 3. EXPLANATION OF REQUEST AUDITO, -2NROL To provide for increased cost from contingency Baccount. By: , Date / COUNTY ADh1NISTRATOR Cost per PO 09680 $573.00 77-78 appropriation 500.00 BY: Date ��� Amount required 73.00 30ARD OF SUPERVISORS Y E S: Supervisors Kenny,Hhden fro&_: Hasselrine X40: WkL DEC 6 19 7 J R. OLSSON CLERK 4. FRED GOLINVEAUX Chief. 1141/77 $10h ATUA[ TITLE DATE 9Y ° l� \`' sDj. JCU.IAFICN t1I"_Q3+IVC�'y l���i a ncia A. 8@III Depurj Clerk ADS. JCJExAI N0. T,1111 !N 129 Per 7/77) SEE InSTF.tlCTIC43 CN REVERSE SIDE IN THE BOARD OF SUPERVISORS OF _ CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Clatter of Cancellation of ) Additional Penalties Accrued After ,) October 31, 1977 on 1974-75 Unsecured ) RESOLUTION NO. 77/987 Assessment Roll. ) The County Tax Collector having filed with this Board a request for cancellation of the additional penalties accrued after October 31, 1977 on the 197 -75 Unsecured Assessment Roll on the following tax bills: 53009/2029 53009/8003 53009/8001 53009/8004 53009/8002 WHEREAS, due to a clerical error, payment was not timely processed, which resulted in additional penalty being charged thereto; and so The County Tax Collector now requests cancellation of the additional penalty. IT IS HEREBY ORDERED pursuant to Sections L985 and 1986 (a) (2) of the Revenue & Taxation Code, State of California, that the additional penalty be canceled. I hereby consent to the above cancellation: JOHN B. IISEN COUNTY SET. vf� Puty � EDWARD W. LEAL COUNTY TREASURER-TAX COLLECTOR By. putt' Tac Collector PASSED by the Board on December 6, 1977. cc- Treasurer-Tax Collector ofd( j RESOLUTION NO. 77/987 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Cancellation of ) Delinquent Penalties on 1977-78 ) RFSO=ON NO. 77/988 Unsecured Assessment Rall. ) I have established by satisfactory proof that remittances to cover payment of the below listed bill on the Unsecured Assessment Roll was deposited in the United States mail, properly addressed with postage prepaid, but was not received timely, resulting in delinquent penalties being charged thereto. 035910-0000 Pursuant to State of California Revenue and Taxation Code, Sections 2512 and 1986 (1) (b), and having received payment, I now request cancellation of the above penalties heretofore or hereafter accrued. NOTT;- THEREFORE, BE IT BY THE BOARD RESOLVED that pursuant to the aforesaid Sections of the Revenue and Taxation Code, the penalties heretofore or hereafter attached are HEREBY ORDERED CANCELED. MIARD W. LEAL I hereby consent to the above cancellation: COUNTY TREASURER-TAX COLLECTOR VOHNTBeSEN t EL eputy ax ecry.�j Deputy 1 , PASSED by the Board on December 6, 1977. t cc: Tax Collector Auditor I ; t RESOLUTION NO. 77/988 IAT Th✓ BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the clatter of Changes " ) of the Assessment Roll ) of Contra Costa County ) RESOLUTION NO. 77/989 the County Assessor having filed with this Board requests for correction_ of erroneous assessments, said requests having been consented to by County Counsel; NOW, TIEREFORE, BE IT RESOLVED that the County Auditor is authorized to correct the following assessments For the Fiscal Year 1977-78 It has been ascertained by the Assessor that there has been a clerical error of the assessee in information furnished the Assessor which caused the Assessor to enter the assessment at a higher valuation than he would have entered on the roll had such application been correctly filed. The following correction should be entered on the roll in accordance with Section 4831 .5 of the Revenue and Taxation Code. On Parcel No. 129-341-017-9, Tax Rate fixea 02002, STEAPfIFITTERS LOCAL 342 would have- qualified for a public school exemption pursuant to Article XIII, Section 3(d), of the State Constitution and Section 202(b) of the Revenue and Taxation Code. Ninety percent (9011'o) of any tax or penalty or interest should be canceled pursuant to Section 270(a) (1) of the Revenue and Taxation .Code; and, pursuant to Section 270(b) of the Revenue and Taxation Code, any tax or penalty or interest thereon exceeding two hundred and fifty dollars ( 250) in total amount shall be canceled or refunded. The exemption should be allowed on the secured roll in the amount of $44,735• I hereby consent to the above changes and/or corrections: R. 0. SEATON, Assistant ^assessor JOHN CLAUSEN, County Counsel t/11-21-77 D y PASSED by the Board on December 6, 1977. Copy to: Assessor (?rrs. Rodgers ) Auditor Tax Collector Page 1 of 1 RESOLUTION NO. 77/989 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Changes ) of the Assessment Roll ) of Contra Costa County ) RESOLUTION NO. 77/990 } WHEREAS, the County Assessor having filed with this Board requests for correction df erroneous assessments, said requests having been consented to by County Counsel; NOW, THEREFORE, BE IT RESOLVED that the County Auditor is authorized to correct the following assessments For the Fiscal Year 1977-78 It has been ascertained from the assessment roll and from papers in the Assessor's Office what was intended and what should have been assessed; and, therefore, pursuant to Revenue and Taxation Code Section 4831, the following defects in description and/or form and clerical errors of the Assessor on the roll should be corrected. On Boat No. CF 0637 EZ, Parcel No. 023-040-013-7, Tax Rate Area 72008, KENMTH DYER is eligible for a partial homeowner's exemption in accordance with Section 275(c) of the Revenue and Taxation Code. The homeowner's exemption should be allowed in the amount of $10400. I hereby consent to the above changes and/or corrections: E. F. WANAYA, Assessor JOHN B LAUSEN, County Counsel t/11-21-77 . B �•�U e PASSED by the Board on December 6, 1977. Copy to: Assessor (Mrs. Rodgers) Assessor (Airs. Hendrix) Auditor Tax Collector. Page 1 of 1 RESOLUTION NO. 77/990 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Changes ) of the Assessment Roll ) RESOLUTION NO. 77/991 of Contra Costa County ) WHEREAS, the County Assessor having filed with this. Board requests for correction of erroneous assessments , said requests having been consented to by the County Counsel; NOW, THEREFORE, BE IT RESOLVED that the County Auditor is authorized to correct the following assessments: For the Fiscal Year 1977-78 It has been ascertained from the assessment roll and from papers in the Assessor's Office what was intended and what should have been assessed; and, therefore, pursuant to Section 4831 of the Revenue and Taxation Code, the following defects in description and/or form and clerical errors of the assessor on the assessment roll should be corrected; and, FURTHER, property escaping assessment due to such errors should be enrolled as escaped assessment pursuant to Section 531 of theRevenue and Taxation Code; and, FURTHER, in accordance with Section 4985 (a) of the Revenue and Taxation Code, any uncollected delinquent penalty, cost, redemption penalty, interest, or redemption fee, heretofore or hereafter attached due to such error should be canceled if it is impossible to complete valid pro- cedures initiated prior to delinquency date, upon the showing that payment of the correction is entered on the roll or' abstract record.. The following parcels have not been enrolled on the 1977-78 secured assessment roll due to Assessor's error in overlooking said parcels at the time Tract 4791 was processed. Further, in accordance with Section 531. 2 of the Revenue and Taxation Code, as title to these parcels was transferred to a bona fide purchaser for value by document recorded on August 9, 1977, escape assessment should be enrolled on the Unsecured Assessment Roll as follows: Unsecured Account No. : 015897-E000 Parcel Number: 218-660-057-9 Tax Rate Area: 66172 Assessee: Broadmoor Homes, Inc. 2400 Merced St. San Leandro, CA 94577 Property Description: Tract 4791 Private Rds. Deed Reference: 7694/310 - November 26, 1975 Assessed Value: Land $665 Total $-6675 R. 0. SEATON - Assistant Assessor Copies to: Assessor (Kettle) Auditor Tax Collector Page 1 of 2 RESOLUTION NO. 77/991 oi)09 Unsecured Account No. : 015897-EO01 Parcel Number: 218-680-032-8 Tax Rate Area: 66172 Assessee: Broadmoor Homes , Inc. 2400 Merced St. San Leandro, CA 94577 Property Description: Tract 4791 Por Silver Lake Dr. Deed Reference: 7694/310 - November 26, 1975 Assessed Value: Land $150 Total 150 Assessee has been notified. P I hereby consent to the above gJOH . and/or corrections : R. CLAUSEN o Counsel Assistant Assessor tll/10/77 puty PASSED by the Board on December-6, 1977. Page 2 of 2 RESOLUTION NO. ' 77/991 of KA0 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Changes ) of the Assessment Roll ) RESOLUTION NO. of Contra Costa County ) WHEREAS, the County Assessor having filed with this Board requests for correction of erroneous assessments, said requests having been consented to by the County Counsel; NOW, THEREFORE, BE IT RESOLVED that the County Auditor is authorized to correct the following assessments: For the Fiscal Year 1977-78 It has been ascertained from the assessment roll and from papers in the Assessor's Office what was intended and what should have been assessed; and, therefore , pursuant to Section 4831 of the Revenue and Taxation Code, the following defects in description and/or form and clerical errors of the assessor on the Secured Assessment Roll should be corrected as stated below. In Tax Rate Area 86003, Parcel No. 095-101-005-7, has been erroneously assessed to Louis P. $ Elpinicki Golfos, due to clerical error in overlooking document transferring title. Therefore, this assessment should be corrected to show the assessee as Elpinicki Golfos, who acquired title by document recorded on April 12, 1976, in Book 7821, Page 876, of the Official Records of Contra Costa County. For the fiscal years 1975-76, 1976-77, and 1977-78, in Tax Rate Area 02002, Parcel No. 133-160-067-4, has been erroneously assessed to Leslie C. f Ava F. Dawe and Albert H. $ Gladys McKenna, . due to clerical error in overlooking document transferring title. Therefore, this assessment should be corrected to show the assessee as Helen E. Koenig, 425 - 44th Street, Oakland, California, who acquired title by document recorded on December 11, 1974 , in Book 7385, Page 497, of the Official Records of Contra Costa County. In Tax Rate Area 66093, Parcel No. 218-760-031-3, has been erroneously assessed to R. H. $ Macil 0. Clapp, due to clerical error in overlooking document transferring title. Therefore, this assess- ment should be corrected to show the assessee as George J. Koskinas, 145 Summerside Circle, Danville, California, who acquired title by document recorded on February 22, 1977, in Book 8211, Page 215, of the Official Records of Contra Costa County. R. 0. SEA-TON Assistant Assessor Copies to_ Assessor (Kettle) Auditor Tax Collector Page 1 of 2 RESOLUTION NO. 77/992 OCR In Tax Rate Area 050.55, Parcel No. 366-120-003-4, has been erroneously assessed to Viola M. Dunklee, due to clerical error in overlooking description of this parcel on document transferring title. Therefore, this assessment should be corrected to show the assessee as Linland Development Co. , 2 Harper Court, Lafayette, California, who acquired title by document recorded on March 16, 1976, in Book 7793, Page 514, of the Official Records of Contra Costa County. I hereby consent to the above changes nd/o.r corrections: R. 0. SEATON JOHN CLAUSEN, County Counsel Assistant Assessor tll/22/77 B ty PASSED by the Board on December 6, 1977. Page 2 of 2 RESOLUTION NO. 77/992 � I, :\ 0005 2 V IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Changes ) of the Assessment Roll ) RESOLUTION NO. 77/993 of Contra Costa County ) WHEREAS, the County Assessor having filed with this Board requests for correction of erroneous assessments , said requests having been consented to by the County Counsel ; NOW, THEREFORE, BE IT RESOLVED that the County Auditor is authorized to correct the following assessments: For the Fiscal Year 1977-78 It has been ascertained from the assessment roll and from papers in the Assessor's Office what was intended and what should have been assessed; and, therefore, pursuant to Section 4831 of the Revenue and Taxation Code, the following defects in description and/or form and clerical errors of the assessor on the Secured Assessment Roll should be corrected. FURTHER, in accordance with Section 4985 (a) of the Revenue and Taxation Code, any uncollected delinquent penalty, cost, redemption penalty, interest , or redemption fee, heretofore or hereafter attached due to such error should be canceled if it is impossible to complete valid procedures initiated prior to delinquency date, upon the showing that payment of the correction or additional amount was made within 30 days from the date correction is entered on the roll or abstract record; and, FURTHER, in accordance with Section 4986(a) (2) the County Auditor should be directed to cancel all or any portion of any tax, penalty;- or costs on that portion in error as if it has been levied errone- ously; and, if paid, a refund on that portion should be made pursuant to Section 5096 of the Revenue and Taxation Code. In Tax Rate Area 01002, Parcel No. 066-222-009-4 , has been erroneously assessed to Michael L. Phillips , due to clerical error in overlooking document transferring title. Therefore, this assess- ment should be corrected to show the assessee as Thomas and Judy K. Fraser, 1219 - 8th Street, Antioch, California, who acquired title by document recorded on January 21 , 1977, in Book 8173, Page 876, of the Official Records of Contra Costa County. Further, it has been determined that this property qualifies for the Homeowner's Property Tax Exemption. Therefore, because the Assessor violated Section 255. 3 of the Revenue and Taxation Code, the exemption in the amount of $1 ,750 assessed value should be allowed on said parcel; making a net taxable assessed value of $3,750. Taxes should be canceled' on the amount of the exemption. R. 0. SEATON Assistant Assessor Copies to: Assessor (Kettle) Auditor Tax Collector Page 1 of RESOLUTION NO. 77/993 o 153 In Tax Rate Area 01004, Parcel No. 074-080-006-5, assessed to East Bay.:.Municipal Utility District, has been erroneously enrolled with Improvement value as being taxable on the secured assessment roll. Although the improvements are owned by a public agency outside its taxing jurisdiction, said improvements are not taxable in accordance with Article XIII , Section 11 (a) (2) of the State Constitution. Taxes should be canceled on the amount of the improvements. In Tax Rate Area 12023, each of the following parcels assessed to Pleasant Mountain Realty MV, has been erroneously assessed with Land value of $1,150 due to Assessor's error in enroll- ing said assessments on properties which are designated as common areas in a planned unit development, the values of which are pro- rated to other properties in accordance with Section 2188. 5 of the Revenue and Taxation Code. Therefore, the land value of $1 ,150 on each of the following parcels should be removed, leaving zero value assessments. Parcel No. 152-321-012-6 Parcel No. 152-321-013-4 Parcel No. 152-321-014-2 Parcel No. 152-322-026-5 Parcel No_ 152-322-027-3 Parcel No. 152-322-028-1 In Tax Rate Area 62001, Parcel No. 354-011-006-5, assessed to the State of California, has been erroneously enrolled as taxable property on the secured assessment roll due to clerical error in not coding said parcel as nontaxable. Therefore, Parcel .354-011-006-5 should be corrected to be enrolled as nontaxable property and all taxes should be canceled. In Tax Rate Area 11019, Parcel No. 410-022-009-6, assessed to James B. Perry, has been erroneously assessed with Improvement value of $1,125, due to error in basing this assessment on incorrect description of property inasmuch as the improvements were destroyed by fire and removed prior to the lien date. Therefore, this assess- ment should be corrected by removing Improvement value as follows : Improvements $-0-. In Tax Rate Area 60005, Parcel No. 002-030-004-2, assessed to Byron Sanitary District, has been erroneously enrolled as taxable property on the secured assessment roll due to Assessor's error in not changing the taxability status to nontaxable at the time the parcel was annexed by the Byron Sanitary District. Therefore, as the property is located within the boundaries of said district, this parcel should be corrected to be enrolled as nontaxable "property and all taxes should be canceled. In Tax Rate Area 60005, Parcel No. 002-180-002-4, assessed to Byron Sanitary District, has been erroneously enrolled as taxable property on the secured assessment roll due to Assessor's error in not changing the taxability status to nontaxable at the time the parcel was annexed by the Byron Sanitary District. Therefore, as the property is located within the boundaries of said district, this parcel should be corrected to be. enrolled as nontaxable property and all taxes should be canceled. SEATON Assistant Assessor Page 2 of 3 RESOLUTION NO. 77/993 00.054 In Tax Rate Area 09048, Parcel No. 189-120-060-0 , assessed to Terra California, has been erroneously enrolled on the secured assessment roll as a separate assessment due to error in not deleting said parcel at the time another parcel was created, which resulted in a double assessment. Therefore, Parcel 189-120-060-0 should be deleted from the assessment roll and all taxes should be canceled. In Tax Rate Area 66090, Parcel No. 199-020-023-8, assessed to East Bay Municipal Utility Dis . , has been erroneously enrolled as taxable property on the secured assessment roll due to Assessor's clerical error. As the property is located within the boundaries of said district , this parcel should be corrected to be enrolled as nontaxable property and all taxes should be canceled. In Tax Rate Area 61000, Parcel No. 257-080-001-7, assessed to East Bay Municipal Utility Dis . , has been erroneously assessed with Land value of $27,675, due to clerical error in mathematical calculation. Therefore, the land value should be corrected as follows: Land $2 ,765 assessed value. In Tax Rate Area 06002, Parcel No. 360-443-004-5, assessed to Curtis Leroy and Donna L. Schoon, has been erroneously assessed with Improvement value of $15 ,875, due to clerical error in basing said assessment on incorrect description of property. Therefore-, the Improvements should be corrected as follows : Improvements $11,375 assessed value. In Tax Rate Area 76004, Parcel No. 366-040-003-1, assessed to Marlan L. $ Julie T. Shanks, has been erroneously assessed with Improvement value of $9,850, due to clerical error in basing said assessment on incorrect description of property. Therefore, the Improvements should be corrected as follows : Improvements $8,725 assessed value. In Tax Rate Area 030001 Parcel No. 503-236-009-.0, assessed to Marjorie McDowell, has been erroneously assessed with Improve- ment value of $13,000, due to clerical error in entering incorrect value 'on property record. Therefore, the Improvement should be corrected as follows: Improvements $5,000 assessed value. For the fiscal years 1976-77 and 1977-78, in Tax Rate Area 14008, Parcel No. 365-230-005-8, Sale No. 74-3495; assessed to the City of Lafayette, has been erroneously enrolled as taxable property on the secured assessment roll due to Assessor's clerical error. As the property is located within the- boundaries of the city, this parcel should be corrected to be enrolled as nontaxable property .and all taxes should be canceled for the fiscal years 1976-77 and 1977-78. I hereby consent to the above changes a d/or corrections: R. 0. ATOM JOHN LAUSEN, County Counsel Assistant Assessor � - tll/21/77 By i _ - y PASSED by the Board on December 6, 1977. Page 3 of 3 RESOLUTION NO. 77/993 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY; STATE OF CALIFORNIA In the Matter of Changes ) RESOLUTION NO. 77/994 of the Assessment Roll ) of Contra Costa County ) WHEREAS, the County Assessor having filed with this Board requests for addition of escape assessments; NOW, THEREFORE, BE IT RESOLVED that the County Auditor is directed to add the following escape assessments: For the Fiscal Year 1977-78 It has been ascertained from papers in the Assessors Office that property belonging on the local roll has escaped assessment; and, therefore, pursuant to the Revenue and Taxation Code, Section 531, escaped assessment should be added to the unsecured roll as follows: Acct. r'XX0260XXE1 1977-78 Mike Shanda c/o Sugar Barge P. 0. Box 466 Bethel Island, CA 91.511 Boat - Full Value $2,000 Acct„ #x`210-829E1 1977-78 Bartee Dredging 159 Sycamore Ave. Brentwood, CA 91513 Boat - Full Value $7,000 Acct. 7#2527761E1 197778 Custom Equipment Design 715 Dwight Way Berkeley, CA 91710 Boat - Full Value $10,000 Acct. #501-837B1 California Maritime Academy Foundation 1977-78 P. 0. Box 327 Vallejo, CA 94.590 Boat - Full Value w7,000 Acct. 7-t-529-745E1 1977-78 Charles R. Jacob 21921 Neekland Ave. Hayward, CA 94.511. Boat - Full Value 18,400 R. 0. SEATON Assistant Assessor tll/29/?7 Copies to: Assessor (mfrs._ Giese) Auditor Tax Collector RESOLUTION NO. 77/994 Page 1 of 4 For the Fiscal Year 1977-78 _ - Acct. #540-572E1 1977-78 Billy J. McLean. 11 N. Court St. Kartinez, CA 94553 Boat - Full Value $5,000 Acct. ,"57}6o9E1 1977-78 Emil M. Bergh 11 Birch Drive Walnut Creek, CA 94596 Boat - Full Value $15,000 Acct. #571-627E1 1977-78 Eugene Melville 275 Appalachian Dr. Pleasant Hill, CA 94523 Boat - Full Value $12 ,500 Acct. ,r#576-974E1 1977-78 Derl 0. Brown Patricia A. Brown Rt. 1, Box 524 K-3 Antioch, CA 94509 Boat - Full Value $46,700 Acct. rCF0041AFEl 1977-78 Charles B. Burkhead 730 Catalina Dr. Livermore, CA 94550 Boat - Full Value $520 Acct. #rUo118n E1 1977-78 Gene Scrobonia 560 Ferncroft CT Danville, CA 94526 Boat - Full Value $2,100 Agct. To- Theodore 1977-78 Theodore Sequeira 428 - B St. Hayward, CA_ 94541,. Boat - Full Value $800 Acct. -'CF1718CVE1 1977-78 Lindsey A. Hurd 1235 Solano Ave. Albany, CA 94706 Boat - Full Value $4,980 Acct. #'CF2403CNE1 1977-78 Andre G. Degnan 5355 Alhambra Valley Rd. Martinez, CA 94553 Boat - Full Value $420 R. 0. SEATON Assistant Assessor Page 2 of 4 For the Fiscal Year 1977-78 Acct. #CF3025FJE1 1977-78 Michael SanFilippo 11190 Foothill Ave. Gilroy, CA 95020 Boat - Full Value 93 ,300 Acct. #CF3457EFE1 1977-78 Taylor Boshears Vivian C. Boshears 1085 Tasman Dr. 1r599 Sunnyvale, CA 94086 Boat - Full Value $19,800 Acct. 7`71CF3785FT21 1977-78 Ed Lieder 6254 No. Rolinda Fresno, CA 93711 Boat - Full Value $5000 Acct. 7-471CF3851GAE1 1977-78 Victor R. Black Nary V. Black 2404 Edna St. Sacramento, CA 95822 Boat - Full Value $9,500 Acct. I`CF3736GBE1 1977-78 Douglas Anthony Macdonald 1550 Bay St. 428 San Francisco, CA 9e23 Boat - Full Value $2 ,000 Acct. -1`r-CF3858FTFl 1977-78 Robert A. McCrary 1525 Daisy Way Antioch, CA 94509 Boat - Full Value $4,620 Acct. #CF4714F.BE1 1977-78 Carl E. Tolle 36039 Magellan Dr. Fremont, CA 94536 Boat - Full Value $13,500 Acct. TCF4803GBE1 1977-78 Jerral Robert Harwell Florence Roberta Harwell 241 San Antonio Way Walnut Creek, CA 94598 Boat - Full Value $3,500 Acct. #CF4WdCZEl1977-78 Lawrence Biancalana Phyllis Jean Biancalana 3231- Vineyard Ave. 143 Pleasanton, CA 94566 Boat - Full Value $13,000 R. 0. SEATON Assistan Assessor Page 3 of , ``� 090 For the Fiscal Year 1977-78 Acct. 7CF5uU4ERE1 1977-78 N. T. Washburn Wall P. C. Box X Bethel Island, CA 94513 Boat - Full Value $8,7U0 Acct. -`CF5142CV-1 1977-78 George F. Squires 2425 Upham Court Carmichael, CA 95608 Boat - Full Value X5,640 Acct. xUr•5357GE1 1977-78 Arthur E. R odarte Lorrie F. Rodarte 766 Greenleaf Dr. Brentwood, CA 94513 Boat - Full Value $1,460 Acct. #!CF'5419FRE1 1977-78. David R. McKenzie 4416 Shell Bark Ct. Concord, CA 94521 Boat - Full Value $6,04U Acct. CF5510BRE1 1977-78 Norman Greene F. 0. Box 8451 -Emeryville, CA 94662 Boat - Rill Value $1,340 Acct. #CF6768c U 1977-78 Robert E. Elliston 1994 E. Harbor Blvd. Ventura, CA 93003 Boat - Full Value $10,buo Acct. #CF9240CCE1 1977-78 . Arline Handley 36507 Lakewood Dr. Newark, CA 94560 Boat - Full Value $4,740 Acct. ;'=CF9705FNE1 1977-78 Richard L. Innis 3469 Flamingo Dr. Concord, CA 94520 Boat - Full- Value $2,480 Acct. #cF986151-Ml 1977-78 John P. Keene P. 0. Box 1224 Oakley, CA 94561 Boat - Full Value $26,960 Note: Assessees have been notified of these additions and their right of appeal. R. C. SE" ON Assistant Assessor PASSED by the Board on December 61 1977. page 4 of 4 IRT ThE BOARD OF SUPERVISORS OF CONTRA COSTA -COUNTY, STATE OF CALIFORNIA In the Matter of Changes ) of the Assessment moll ) of Contra Costa County ) RESOLUTION NO. 77/995 W-11E.REAS, the County Assessor having filed with this Board requests for correction of erroneous assessments, said requests having been consented to by County Counsel; NOW, TREREFORE, BE IT RESOLVED that the County Auditor is authorized to correct the following assessments for the fiscal years indicated below. It has been ascertained from the assessment roll and from papers in the Assessor's Office what was intended and what should have been assessed; and, therefore, pursuant to Revenue and Taxation Code Section 4831, the following defects in description and/or form and clerical errors of the Assessor on the roll should be corrected. Further, in accordance with Section 4985(a) of the Revenue and Taxation Code, any uncollected delinquent penalty, cost, redemption penalty, "interest, or redemption fee heretofore or hereafter attached due to such error should be canceled upon the showing that payment of the corrected or additional amount was made within 30 days from the date the correction is entered on the roll or abstract record as it was impossible to complete valid procedures initiated prior to the delinquency date. For the Fiscal Year 1976-77 The following assessees are eligible for the homeowner's exemption pursuant to Section 253.5 of the Revenue and Taxation Code. An alteration in the property title or parcel number caused the exemptions to be erroneously terminated during machine processing. Parcel Number Tax Rate Area Allow Assessee 12.5-155-006--5 790 3 —$1-70- Patnude, Robert L. 431-164-018-1 08018 1750 Baker, Delbert L. & Margaret J. 504-403-012-9 03000 1750 Muth, John E. For the Fiscal Year 1977-78 The following assessees are eligible for the homeowner's exemption pursuant to Section 253.5 and 255.1 of the Revenue and Taxation Code. Additional information required for approval of the claims has been provided. Z4 ov_ R. 0. SEXTON, Assistant Assessor t/11-18-7 7 • Copy to: Assessor (Mrs. Rodgers) Auditor Tax Collector RESOLUTION NO. 77/995 Page 1 of 5 00060 Parcel Number Tax Rate Area Allow Assessee 009-352-016-1 X19 W50 Steffey, Elbert C. Rae M. 018-080-013-8 58016 $1750 Cooper, Clifton B. & Anna F. 018-260-032-0 72003 $1750 'Magbuhos, Mariano &- Catherine 030-050-004-8 82006 $1750 Davis, Rita J. Hedding, Lou Arm 037-080-011-2 53009 x'1750 Mazzoni, Guido 067-070-007-9 01004 M50 Tesler, Lena 067-242-C33-8 01004 1750 Cakebread, Elliott B. & Barbara 067-333-073-4 01002 $1750 Sanchez, Antonia et al 071-332-003 01002 -1750 Earl, Jack A. & Susan K. 076-043-005-� 01002 $1750 Gill, Angelo D. &. Sharon L. 076-066,,-011-6 01002 y1750 Pyne, Alfred Herbert &- Lynnette 076-103-024-6 01002 �1750 'v.Thite, Ralph W. & Alice M. 085-095-012-2 07026 T1750 Potter, Jack & Prentice, Donna J. 085-116-018.-4 07025 Z01750 Walker, Johnnie 088-061-024-1 07013 $1750 Martinez, Robert V. & Anita 088-092-006-7 07013 $1750 Sciacca, Carmelo M. 088-100-007-9 07013 X1750 McGlashan, Dorothy A. 089-081-007-0 07013 q1750 LaMay, Benjamin E. Jr. 089-093-007-6 07013 1750 Lawson, Bobby G. & Mary D. 094-012-036-3 79031 $1750 Koontz, Floyd C. & Elda May 097-032-038-8 79031 y 1750 }tildes, Walton E. & Aileen M. 097-034-025-3 790311750 Ferranti, Angelo S. & Dorotha 097-034-027-9 79031 T1750 Loyd, Jean E. 105-111-024-3 02002 +1750 Borba, Kenneth 105-164-003-3 02002 $1750 Christensen, Twila J. 110-073-016-5 02002 1750 Annis, Lyle L. & Helen D. 110-410-046-4 02002 1750 Nyce, Jack H. & Suzanne A. 111-053-004-3 02002 -1750 ' Carrillo, Peter &- Dorian 111-071-013-2 02002 V750 Hewlett, Robert R. & June* F. 113-082-039-0 79038 1750 Tickners Jack A. & Saundra D. 113-153-011-3 02002 R750 Clark, Phyllis M. 113-161-012-1 02002 $1750 Davi, Sal A. & Rose 115-472-019-5 02002 $1750 Schlesinger, Francis T. & Mary A..... 116-251-007-5 '02002 $1750 Pfister, Thomas E. & Susan L. 121-020-007-5 791 �1750 .811 Simonds, Gerald D. & Nancy J. 4 125-185-026-7 79063 1750 Lewis, Arthur C. & Frances V. 125-155-006-5 79063 1750 Patnude, Robert L. 127-141-0.56-3 12083 1750 Gertsch, Walter L. & Phoebe A. 129-061-036-7 79038 11750 Tod, Bill E. & Elaine P. 129-324-019-6 02026 X1750 Canales, Manuel J. & Susan S. 133-281-047-0 02002 $1750 Blazick, Eugene ,Martin Trostel,, Susan Clare 133-381-011-5 02002 $1750 Roemer, William N. & Diana D. 134-433-003-8 02002 $1750 Lyons, Kenneth G. & Kathryn M. 139-C71-022-4 .09059 4750 Miller, Russell Jr. & Ruth W. 139152-001-0 79125 $1750 Bayol, Franklin M. & Therese 139-201-023-5 09059 X1750 Blaisdell, Robert C. & Lillian H. 140-074-010-4 09010 4750 Ryan, Kevin P. 140-371-047-6 09036 1750 Noon, Janet 159-210-034-9 79186 R750 Hardcastle, Walter J. 161-261-004-6 76042 $1750 McDowell, Eldon P. & Mattie N. 162-081-007-5 05064 X1750 Cooper, Lillian B. 162-173-010-8 05001 X1750 Gotz, Robert L. & Margaret D 166-060-028-7 12081 $1750 O'Toole, John B. & Margaret 4W.lI�I - R. 0. SEETON, Assistant Assessor Page 2 of 5 o4 ti or,61 Parcel Number Tax Rate Area Allow Assesses 166:240-020-7 790b3 1750 Klingman, Laurence R. Donna Lo 167-040-040-5 73006 M50 Zanussi, John S. 167-311-002-7 79083 $1750 Rogers, Harry J. & Margaret V. 174-220-039-5 09000 $1750 Beck, Robert L. & Beatrice C. 180-060-036-1 09041 1750 Brubaker, Jack He & Frances H. 180-200-004-0- 98004 1750 Fornengo, Jessie 182-182-010-5 98017 11750 Torrente, Paul J. Torrente, Peter M. 182-210-005-1 09013 $1750 Nicolson, Laurence L. -&- Barbara 183-151-009-2 98002 1750 Downs, I-I'argaret & Arthur L. Jr. 184-260-olk-8 98003 -1750 Bowerbank, Melvin R. & Norma J. 187-244-033-6 66061 U750 Gray, Elaine A. 187-393-007-5 09028 X1750 Chaney, I.-Tayne J. & Winifred A. 192-210-011-8 66061 1750 Fengra, Elizabeth 11. 192-300-003-6 66061 1750 Foster, Ruth 196-482-022-7 66047 Z$1750 Woloveke, Eugene I. & Charleen 197-060-025-8 66071 M50 Ritter, Daniel Jr. & Mary Jo 197-200-009-3 66071 1750 Larson, Udell MI. & Laure-1 Be 199-410-022-8 66028 $1750 Smedstado Allan J. & 14ary K. c/o Grant, Robert L. & Lida Ann 201-010-003-6 66060 "1750 I-Ionroe,. Alexander We & Fiamma E. 204-060-026-0 66008 1750 Teixeira, Anthony J. &- Bonnie J. 207-402-003-9 66047 1750 Lassiter, Jack & Maxine- 210-353-017-2 66085 1750 gall, Richard A. & Shirley M. 210-363-003-0 66085 4750 Welch, David Be & Shirley S. 218-201-003-9 66093 1750 Jones, John D. & Kathryn M. 237-220-005-11 14001 1750 Whisman, William T. & Dianne C. 237---292-015-3 14002 1750 Rees, Malcolm C. Jr. & Gail K. 251-020-033-6 14002 1750 Dimalanta, Rodolfo V. & Camila 251-120-039-2 1.1.002 1750 Kemsley, Nicholas I. & Elizabeth I 255-4 'Ire 03-004-5 15002 1750 Reuther, Richard He & Nancy, 263-120-009-0 8300 1750 Fries, Bernard A. -& Ann L., Tre 354-177-008-1 6200k 1750 Pallotta, Minnie Pallotta, Joseph A. & Peppin 354-272-048-1 -620o6 $1750 Griffin, John We & Rose Me 357-251-033-1 62037 1750 Swesey, Everett & Swesey, Nellie Me 360-471-022-2 06002 1750 Webb, Carol D. 372-114-023-8 05000 1�1750 Ball, Robert J. & Donna L. 374-134-008-1 05000 1750 Strain, James Gordon 375-022-013-3 76006 T1750 DeLacy, Catherine 375-162-002-6 76006 X1750 Kramlichj Hilda E. 376-031-053-6 76006 1750 Pergakis, Bill Peter & Joan. 376-143-001-0 76006 T1750 Roberts, Geraldine Breshears, Dorothea 380-195-031-6 76051 1750 Kaul, James Re & Leone Me 403-341-007-9 . 65028 W50 Zierke, Betty J. 4o8-032-035-3 08076 $1750 Chapman, William &- Chapman,, Lizzie , 411-180-022-5 11017 $1750 Dellacorto Dennis A. & Judith A. 412-342-012-9 11003 1750 Aston, Charlie L. &- Opal 414-233-005-1 08024 1750 Pinion, Harriet He 414-261-017-1 . 08024 11750 Ruijters, John J. & Henriette 418-061-003-4 85080 $1750 Halliday, Muriel L. 418-072-013-0 85080 $1750 Dolley, Muriel D. Longmire, Edith D. 426-104-006-9 85004 $1750 Cordova, *Nabor Joseph Statler, Patricia Lee R. 0. SE&TON, Assistant Assessor Page 3 of 5 Parcel Number Tax Rate Area Allow Assessee 431-164-01 -1 0601b $1750 Baker, relbert L. & ?argaret J. 431-252-002-8 08018 1750 Propst, Floyd D. & Graple- E. 431-310-018-4 85120 1750 Gozzano, James R. & Teresa M. 433-060-008-3 85127 1750 Hearn, Jimmie L. 500-010-004-3 03000 X1750 Parker, William E. & Margaret L. 500-3�0-010-4 03000 X1750 Cambric, Zenobia 502-121--010-5 03000 4750 Hapgood, Ferrell D. , Tre 504-403-012-9 03000 1750 Muth, John E. 505-061-040-0 03000 1750 Yamagata, Otto K. & Ai 505-261-003-6 03000 $1750 Johnson, Lucille 510-021-008-6 03000 1750 Leong, Franklin & Daisy Quan 514-290-016-5 08001 Y1750 Crocker, Edwin W. & Alice M. 519-100-008-1 08001 $1750 Cox, Charles D. & Carol J. 520-041-013-1 85068 1750 Gutierrez, John A. 521-071-011-6 85068 91750 Daughrity, Annie L. 524-060-019-6 08001 $1750 Feliziani, Luigi Ch-mielowski, • Norma 524-140-005-9 08001 y1750 Trewhella, Harold A. & Ethel P. et al 524-140-016-6 08001 1750 Pleau, Emile J. & Edythe E. 526-322-018-7 08087 X1750 Orr, Dolores Louise 527-052-013-2 08087 $1750 Patterson, Leonard H. 527-160-005-7 08001 4750 Leake, M, W. & Neva M. 530-110-032-6 08001 $1750 Fineman, Billie L. 570-060-018-1 85064 $1750 Dietrichs, May 571-050-014-0 85064 $1750 Frey, Walter C. On Parcel No. 255-183--003-3, Tax Rate Area 15004, Paul S. & Jane A. Gill and Thomas J. & Rita C. Curran were erroneously not allowed a double homeowner's exemption due to inability to submit the claims timely for machine processing. The exemption should be allowed in the amount of $3500. FURTHER, the following assessees were erroneously not mailed claim forms. As the Assessor did not conform to Section 255.3 of the Revenue and Taxation Code, the exemptions should be allowed. Parcel Number Tax Rate Area Allow Assessee 012-M---0-03-- 10001 4;1750 Black, Jerry Don Casey, Mary Carolyn 031-102-020-0 820071750 D'Ettel, Arthur H. 041-012-043-0 53009 1750 Silveira, Wesley I. Jr. & Mary A. 041-030-037-0 53006 X1750 Burke, David R. Jr.. & Roberta D. 087-332-019-6 07013 X1750 Vier, Kenneth L. & Victoria J. o88-212-016-5 07013 1750 Siino,. Joseph S. & Ala May D. 164-262-020-5 05021} 1750 Watson, James C. & Beatrice K. 169-291-002-7 09006 1750 Vinet, Morris & Kathleen M. 175-292-004-9 98031 X1750 Maguire, Thomas & Anne Marie 193-430-021-9 66117 X1750 Hoebel, Herbert A. & Shirley L. 194-151-011-5 66059 1750 Chin, Wing & Jane S. J. 194-170-017-9 66059 1750 Casagrande, Dennis M. & Connie 199-130-043-3 66048 11750 Tietz, David C. & Nancy L. 218-550-009-3 66138 $1750 Beaman, Harvey E. & Judy A. 260-230-011-9 83014 $1750 Barker, William C. & Adrienne H. 266-280-010-7 83019 $1750 Lehrnann, Douglas J. & Margaret 358-181-006-0 62042 $1750 Wedge, James L. & Lynda D. Ring, Leonard E. & Barbara L. 0. SEATON, Assistant Assessor Page 4 of 5 -R EE NO. 00063 Parcel Number Tax Rate Area Allow Assessee 356-191-023-362042b Parker, Dennis F. & Sharon L. 370-094-014-5 05001 1750 Warford, Melvin R. & Eva L. 400-193-023-1 04000 -$1750 Gonzales, Pastor B. & Erlinda M. FURTHER, the following assessees are eligible for the homeowner's exemption pursuant to Section 166 of the Revenue and Taxation Code. The claimants have filed notari:_3d statements to the effect that they timely mailed an application to the Assessor. Parcel Number Tax Rate Area Allow Assessee 120-093-003-8 02002 $1750 Noeparast, Mohamad & S. 068-430-026-2 01004 $1750 Coleman, Clinton & Juanita 071-325-017-3 01002 X1750 Sullivan, Patrick & Janet 076-372-025-7 01002 X1750 Boot, Albert );. &- Boot, Leon L. 086-073-009-2 07013 1750 Geise, Richard A. & Donna 087-242-012-0 07013 1750 Cruz, Ricardo P. & Nympha E. 089-261=022-1 07013 1750 Loey, Michael N. & Sharon L. 111-112-024-0 02002 1750 Schierling, Gerhard & Gertrude 112-064-006-3 02002 $1750 Jacobs, Elida Louise 115-210-017-6 02002 1750 Franks, Nancy E. 129-375-022-8 02026 T1750 Smith, Roger M. & Andrea 133-371-096-8 02002 1750 Lee, Duke K. & Sang Ok 209-161-003-6 66101 1750 Olson, Joseph W. & Patricia A. 209-282-032-9 66101 1750 Uth, Harold & Irene 218-471-001-6 66126 T1750 Cooke, Robert A. & Kathleen M. 234-093-006-0 14002 Y1750 Ramsdell, Todd S. & Susan M. 257-492-030-8 15002 T1750 Bremer, Sidney Hillyer et al 358-151-017-3 62042 1750 Reilly, John M. & P.O. Dell 360-491-003-8 06002 1750 Christensen, Jay R. & Beverly L. 505-403-001-9 03000 X1750 Catlett, James W. & Patricia M. 515-411-007-5 08001 X1750 Andrews, Harriette J. 5J-010-023-9 08001 X1750 Larripa, James C. *& Karen 52 -141-001-8 08001 $1750 Chambers, Stephen N. & Linda K. FURTHER, pursuant to Revenue and Taxation Code Section 276, claimants for the disabled veterans exemption who filed a claim subsequent to April 15, 1977, should be allowed an exemption of the lesser of eight thousand dollars ($8,000) or 80 percent of the assessed value of the property, as stated below: Parcel Number Tax Rate Area Allow :_Veteran 07b-223-00,.E-3 01002 $7 bO Carmichael, William C. On Parcel No. 112-045-003-4, Tax Rate Area 02002, Dhuy, Everett R., should be allowed the disabled veterans exemption in the amcunt of $6,660. The homeowner's exemption of $1,750 now on the roll should be removed. I hereby consent to the above changes and/or corrections: JOHN B LAUSEN, County Counsel R. 0. SEATON, Assistant Assessor B ty PASSED by the Board on December 6, 1977. Page 5 of 5 RESOLUTION NO. 77/995 00864 i� IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Changes of the Assessment Roll of Contra Costa County RESOLUTION NO. 77/996 WHEREAS, the County Assessor having filed with this Board requests for j� corrections, of erroneous assessments, said requests having- been consented to by County Counsel; NOW, THEREFORE, BE IT RESOLVED that the County Auditor is authorized fto correct the following assessments. For the Fiscal Year 1977-78 It has been ascertained from the assessment roll and fromPe a rs in � the Assessor's office what was intended and what should have been assessed; and, therefore, pursuant.to Section 4831 of the California Revenue and Taxation Code, the following defects in descriptions and/or form and clerical I errors of the Assessor on the roll should be corrected;. and in accordance I with Sections 4986 and 5096, the assessee may file a claim for cancellation or refund; FURTHER, in accordance with Section 4985(a), any uncollected delinquent penalty, cost, redemption penalty, interest, or redemption fee (I heretofore or hereafter attached due to such error should be cancelled upon shoring that payment of the corrected or.additional amount was made within 30 days from the date the correction is entered on .the roll or abstract record E as it was impossible to complete valid procedures initiated prior to the delinquency date. i� Amerada Hess Corporation, Account No. 002760-E001, is erroneously fI�i assessed since the property was assessed more than once; .therefore, this assessment should be corrected to zero value. Todd Bales and Richard Buscaglia, Account No. 007380-0000, are assessed for PS Improvements in amount of.$2,160 full value, Personal Property $27,660 full value, plus 10% penalty for failure to file timely. Due to an assessor's error, the mailing address was removed from the records and assessee did not receive a tax bill . A correction has been made and a bill. is being mailed to the correct address. All delinquent penalties should be removed since ! assessor was unable to make correction before the delinquency date; values remain the same. Raymond E. Berg and William D. Bogard, Jr. , Account No. 010720-0000, are erroneously assessed due to computer -clerical error; therefore, this assessment should be corrected to show Improvements $67,000. full value. + R7 0. SEATON, Ass t. Assessor tl 1/18/77- I ' cc: Assessor (G. Giese) Auditor Tax Collector �s RESOLUTION NO. 77/996 I I� Page 1 of t r ' For the Fiscal Year 1977-78 Through a clerical error on Board Resolution 77/736 dated September 6, al 1977, item number 2, page 5 of 7, an escape assessment under the name of {� Canal Industrial Park Inc. (Account No. 020260-EO03) was enrolled; it was later found that this was a duplication of the original account No. 020260-0003 11 which was already on the tax roll; therefore, this action should be rescinded. !1( Marge Elston, Account No. 040167-0000, is erroneously assessed since the property was assessed more than once; therefore, this assessment should be corrected to zero value. Equico Lessors Inc., Account No. 040860-0016, is erroneously assessed since the Tax Rate Area is incorrect; therefore,' the Tax Rate Area should be corrected to TRA 72003 and an adjustment should be'made to correct this assessment. t I� Maurice F. Gooch, Account.No. .052010-0000, is erroneously assessed ' since assessee was out of business prior to the lien date; therefore, this ' assessment should be corrected to show .zero value. , + Paul Goodall , Account. No. 052051-EOOO, .is erroneously assessed since the property was assessed more than once; therefore, -this assessment should be corrected to zero value. Olive Mae Kricos, Account No. '071640-0000, is erroneously assessed since assessee was out of business prior to the lien date; therefore, this assessment should be corrected to show zero value. Alvin T. Nelson, Account No. 092370-E001, is erroneously assessed since the property was assessed more than once; therefore, .this assessment should be corrected to show Personal Property, Business: Inventory Exemption and Penalty zero- value. Joseph K. and Marie O'Brien, Account No. 094280-0000, are erroneously f assessed since assessees were out of business prior to the lien, date; Ii therefore, this assessment should be corrected to show. Personal Property, PS Improvements, Business Inventory Exemption and Penalty zero value. Jean L. Parker, Account.No. 098027-0000, is erroneously assessed j since the property was assessed more than once; therefore, this assessment should be corrected to show zero value. : Pillsbury Stationery Stores, Account No. 1017604002, is erroneously 1 assessed since a portion of the property was assessed more than once; therefore, this assessment should be corrected to show PS.Improvements zero value, Personal Property $65,520 full value with Business Inventory. Exemption $8,190. assessed value. R. J. Development, Inc., Account No. 105040-0000, is. erroneously assessed since the property was assessed more than once; .therefore, this assessment should be corrected to show zero value. Sequoia Trucking Inc., Account No. 115710-0000, is erroneously c. assessed since it has been verified that they were not .the owners on the lien Ij date; therefore, this assessment should be corrected to show PS Improvements Sk zero value. , �f R. 0. SEATON, ss t. Assessor i Page 2 of I� For the Fiscal Year 1977-78 Shell Oil Company, Account No. 116570-0068,is erroneously assessed since a portion of the property was assessed more than once; therefore, this assessment should be corrected to show PS. Improvements .zero value, f� Personal Property $6,000 full value with Business Inventory Exemption $750 ! assessed .value. - -clerical error, the followin Through computer g assessments were not entered-on the roll and should be added to the unsecured roll as follows: Shell Oil Company Account No: 116570-EO65 I Tax Rate Area 82026--- - For 2026 - -For Year 1977-78 t Improvements- .$5,000 full value Shell Oil Company Account No. 116570-E097, Tax Rate Area 82010 For Year 1977-78 Improvements—$4,440 full value Assessees have been notified. Title Insurance & Trust Co. , Realty Tax Spec. Svc. 54624.8, Account No. 130060-0003, is erroneously'assessed'since they were out- of business prior to, the lien date; therefore, this assessment .should be corrected to show Personal Property and Penalty zero value. The following accounts in the name of James F. Trapier. were erroneously assessed and should be corrected to zero value since.they.were out of business prior to the lien date: Account"No. 131030-0000. . 131030-0001 131030-0002 131030-0003 Alfio and Josephine Viscuso are erroneously assessed since .the property was assessed more than once; therefore, this assessment .should be corrected to show* Improvements zero value; Account No. .135330-0001. FURTHER, it has been ascertained from papers in the'Assessor's office that property belonging on the.local roll has escaped.assessment; and, therefore, pursuant to the Revenue and Taxation Code, Section 531 , escaped assessment should he added to -the unsecured-roll as follows; and business inventory exemption allowed'in"accordance with Section 219 as indicated; and, as indicated, 10% penalty on net tangibles for failure to file within the time required by law per Section 463: Donald Anstey and Royce Brister Account No. 004177-E000 TRA: 79038 . . . . . Escape for 1977-78 Personal Property - $3,800 full value. I Assessee has submitted signed business property statement. !� R. 0. SEATON, Ass't. Assessor Page 3 of } 0006", For the Fiscal Year 1977-78 Pittsburg Wholesale Grocers Account No. 102320-S000 TRA: 07013 For Year 1977-78 Personal Property $38,620 full value ? Bus Inv Ex 4,963 assessed value Penalty 10,972 full value Assessee has been notified. Through a clerical error, the 10% penalty for failure to file was omitted on the original assessment for the following accounts; therefore, a i supplemental assessment should be added to the unsecured roll as follows: Christner Plumbing Co., Inc. Account No. 023940-S000 TRA: 85127 For Year 1977-78 Penalty $2,576 full value J. L. Forey Plumbing, Inc. Account No. 045180-S000. . TRA: 08001 For Year I977-78 Penalty $2,788 full value William Strei Account No. 125130-S000 TRA: 03000 For Year 1977-78 Penalty $2,108 full value Assessees have been notified. For the Fiscal Year 1976-77 FURTHER,. pursuant to Section 4831 , an audit discloses the following 1 corrections should be made: lCode 02006 - Assmt. No. 8019 . Jeanne Walt Original Corrected Assessed Assessed Cl ass *of Property Value' Value mprovemen s $`'2,95II' '—`_U='- 1� Pers Prop 665 -0- ' Code 02006 - Assmt. No. 8020 _ IlJeanne Malt Improvements 2,610 -0-- Pers Prop 1 ,150. -0- t R. 0. SEATON, Asst. Assessor �f { Page 4 of 61 S" For the Fiscal Year 1976-77 An audit discloses the following corrections should be made in the name of Jeanne Walt: Original . Corrected Assessed Assessed f� Code-Assmt. No. Class Pro2erty Value Value U9000-8072mproveme� $--Z -0- Pers Prop 945 -0- 09000-8073 Improvements. 2,625 -o- Pers Prop 1,265 -0- 1140 10-8014 0- 14010-8014 Improvements 1 ,800 -0- Pers Prop 1 ,010 -0- 77006-8001. Improvements 395. -0- Pers Prop 665 -0- 77006-8002. Improvements 365 _O_- Pers Prop 795 -0- An audit discloses the following corrections should be made in the name of National Equipment Rental Ltd.: 02002-8146 Pers Prop $ 540 -0- 02002-81-47 Pers Prop .630 $ 90. 02002-8148 Pers Prop 620 80 FURTHER, For the Fiscal Year 1974=75 I An audit discloses the following corrections should be made in the name of McCaulou's Inc. , Code 14010 .!- Assmt. No. .2539:. Original Corrected Amount Pursuant Class of Assessed Assessed of , , to Section 11'Property 'Value ' Value Chan e� (RIT Code Imps, — $ S M40 1 Pers Prop 94,590_ 94,590. -0-. t Bus Inv Ex 43,585 43,585 -0- 4 For the Fiscal Year.1977=78 i `- It has been ascertained by audit of the assessee1s books of account or other papers that there has been .a defect of description or clerical error of the assessee in his property statement or in other information or records furnished by the assessee which caused the assessor. to assess taxable tangible property at a substantially higher valuation than he would ; have entered on the roll had the information been correctly furnished; therefore, such error on the roll should be corrected in accordance with + Section 4831 .5 of the Revenue and Taxation Code; and in accordance with {i :t R. 0. SEATON, Asst. Assessor 14 1i Page 5 of i' 00069 �f �f i' For the Fiscal Year 1977-78 Sections 4986 and 5096, the assessee may.file a claim for cancellation or refund: Crocker McAlister Equip. Lsg., Account No. 029960-0003, is erroneously !� assessed since assessee reported property which was in another county, therefore, this assessment should be corrected .to zero value. An audit discloses a correction should be made on the unsecured roll - in the name of Fiberglass Structures, Account No. 043140-0000, Tax Rate Area 08001; therefore, this assessment should be corrected to show PS Improvements i $45,420 full value, Personal Property $101,860 full -value, with Business ;i Inventory Exemption $3,532 assessed value. Ronald Fink and Frederick Clerici, Account No. 043720-0000, are !; erroneously assessed since they were out of business on the .lien date; therefore, this assessment should be corrected .to'show Personal Property and Business Inventory Exemption zero value. - For the Fiscal Year 1976=77 AND, FURTHER, such error caused the assessor to erroneously allow business inventory exemption and, therefore, an escaped assessment in the f amount of the portion of the exemption incorrectly.allowed because of such � erroneous or incorrect information submitted by the taxpayer should be j entered pursuant to Section 531.5 of the Revenue and Taxation Code; and that portion. of the taxable tangible property:which.was inaccurately reported should be entered as escaped assessment pursuant..to Section..531.4;. together ` with interest' in accordance with Section 506; and, .in accordance with Section 533 the assessed values erroneously or illegally assessed should be offset against the proposed escaped assessment. for the same tax year; and business inventory exemption allowed in accordance with Section 219 as indicated: jAn audit discloses the following corrections should be made to-the unsecured assessment roll: Original . Corrected Amount . Pursuant Class of Assessed Assessed of to Section Property Value Value Chane R T. Code Fiberglass Structures Code 08001 - Assmt. No. 2195. f Imps $ $5,810 5,535 - 275 4831.5 ii Pers Prop 28,850 35,040 +$6,190. 531.4; 506 f Bus Inv Ex. 1,820 4,915 - 3,095. . . .219 CNet Change +$2,820 . .533 Assessee has been notified. ii R. 0. SEATON, Ass .t. Assessor- Page 6 of i� 000�U I } For the Fiscal Year 1976-17 Original Corrected Amount Pursuant +� Class of Assessed Assessed of to Section Property "Value' Value Change (R/T Code McCaulou's Inc. Code 79181 - Assmt. No. 3523 Imps $ 1,080 . $ -0- -$11080 4831.5 Pers Prop 27,560 26,480 . - 1,080 " 1 Bus Inv Ex No change Net Change $2,160 American Water Purification-Calif. Inc. j Code 12058 - Assmt. No. 3534 I Pers Prop $57,375 $ 11,180 -$46,195. 4831.5 Bus Inv 'Ex 21,835 1 ,750 + 20,085 531 .5; 506 Net Change -$26,110 . .. 533 Assessee has been notified. FURTHER, for the. Fiscal Year 1975-76 Fiberglass- Structures Code 08001 - Assmt.. No. 2086 Imps $ 7,500 $ . 5,170 . -$2,330 4831 .5 Pers Prop 28,310 30,420 . + 2,110 . 531.4; 506 Bus Inv Ex 1,815 2,870 - 1 ,055 219 . Net Change -$1 ,275 533 Assessee has been notified. I hereby consent to the above (I changes and/or corrections: T-70. SEATON, s t.. Assessor JOHN LAUSEN, County Co sel B 3eput ! PASSED by the Board .on December 6, 1977. i 1 I, ` Page 7 of 7 = RESOLUTION N0. 77/996 000 ��1 � IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNT, STATE OF CALIFORNIL In the Natter of Changes ) RESOLUTION NO. 77/997 Of the Assessment Roll ) Of Contra Costa County ) Wh'EREAS, the County Assessor having filed with this board requests for addition of escape assessments; NOW, THEREFORE, BE IT RESOLVED that the County Auditor is directed to add the following escape assessments: For the Fiscal Year 1977-78 It has been ascertained from papers in the Assessor's Office that property belonging on the local roll has escaped assessment; and, therefore, pursuant to the Revenue and Taxation Code, Section 531, escaped assessment should be added to the unsecured roll as .follows: Acct, #rXX0298XXEl 197748 Fenton Zehner 1615 Lark Ave. Redwood City, CA 9 061 Boat - Full Value $69, 300 Acct, #CF0088ALE1 1977-78 Albert J. Jacoboni 3837 Chestnut Ave. goncord, CA 94519 Boat - Full Value ;1,920 Aac t. #CFD1 OLUM 19T7-78 John J. Walsh 40 Banchio Pittsburg, CA 94565 Boat - Full Value $600 Acct. #CFO566EREl 1977-78 Kenneth Peoples 3777 Willow Pass Rd. Sp. 22 Pittsburg, CA 94565 Boat -- Full Value $3,600 0. SEATON Assistant Assessor t1l/21/77 Copies to: Assessor (Mrs. Giese) Auditor Tax Collector Resolution INTO. 77/997 Page 1of9 00072 For the Fiscal Year 1977-78 Acct. TCF0642CBE1 3.977-78 Evar D. Carlson 1111 Sleepy Hollow Lane Millbrae, CA 94030 Boat - Full Value $640 Acct. #cF0856CEE1 1977-78 Harold Oren Martin 1353 E1 Camino Dr. Concord, CA 94521 - Boat - Full Value $1,760 A6ct, 71607CVE1 1977-78 Dan Ira Hall 1707 Villarita. Dr. Campbell, CA 95008 Boat - Full Value $4,940 Acct. 7-1,-'cF1619CPE1 1977-78 W. E. Tarr C. P. Carter R. V. Holmog 1086D Mohr Lane Concord, CA 94518 Boat - Full Value $15,000 Acct, :; For the Fiscal Year 1977-78 Acct. #CF2021LW_P1 1977-78 Dorian Splivalo 52 Sharon Ave, Piedmont, CA 94611 Boat - Full Value $4,060 Acct. fiCF2129GBE1 1977-78 David E. Crockett 2033 Highland Dr. Concord, CA 94520 Boat - Full Value X680 Acct, 7CF2136GBE 1 1977-78 Michael J. Wilson 1861 Hanlon Way Pittsburg, CA 94565 Boat - Full Value $480 0 Acct. #CF2141GB:-:1 1977-78 Ira E. Pooler 1242 Craig Dr. Concord, Ca. 94518 Boat - Full Value $1,740 Acct. #CF2245EBE1 1977-78 Knut Bergendahl 2416 Flintwood Ct. Martinez, CA 94553 Boat - Full Value Acct. 7CF2747FLE1 1977-78 Fred---Gustav Kosling Erika Hedwig 2851 Via Dominguez Walnut Creek, CA 94596 Boat - Pall Value $2,100 Acct. #"CF2785CPS1 1977-78 Clarence Dillon 430 Wildcroft Dr. Martinez, CA 94553 Boat - Full Value $3,640 Acct. -gCF2921BCE1 1977-78 Dennis E. Moody 1911 Johnson Dr. Concord, CA 94518 Boat - Full Value $440 Acct. #CF3031FJE1 1977-78 John Crittenden P. 0. Box 221 Bethel Island, CA 94511 ` Boat '- Full Value $11,100 0. S A 0 Assistant Assessor Page 3 of 9 For the Fiscal Year 1977-78 Acct. #cF3122FR 1 1977-78 Jay Ronald Finch 115 Ann Arbor Dr.. Los Gatos, CA 95030 Boat - Full Value $3,480 Acct. #CF3244BKE1 - 1977-78 Donald W. Smith 3562 Boyer Circle Lafayette, C4 945. 9 Boat - Full Value $1,480 Acct, rCF3301BME1 1977-78 Thomas F. I,Iorrissey 1761 Claycord Ave. Concord, CA 94521 ' Boat - Full Value $580 Acct. #CF3447EPE1 1977-78 Cesar A. Laconich 87 Alder Ave. Walnut Creek, CA 94595 Boat - Full Value X2,160 Acct. ,-;`CF3457BPEl 1977-78 Billy N. Collins 16931 melody Way San Leandro, CA 9 .578 Boat - Full Value 05,940 Acct. r"CF3493CBE1 1977-78 Frank DiFilippo, Jr. 288 Main _St. Pleasanton, CA 94566 Boat - Full Value $3060 Acct. #CF3566FVE1 1977-78 Joseph William Pinkela 745 S. Bernardo Ave. 266D Sunnyvale, CA 94087 Boat - Null Value $5,360 Acct. #CF3617.ml 1977-78 William F. Fey 644 Lincoln #1 Santa Clara, CA 95050 Boat - Full Value $600 Acct. ;`CF3684C JE1 1977-18 Roland Benetti 1050 Borregas #117 Sunnyvale, CA 94086 Boat - Full Value $1,000 0, SEATON Assistant Assessor Page 4 of 9 000175 For the Fiscal Year 1977-78 Acct, T;"C Fko67EWE1 1977-78 Bill Stafford - Rte. 2, Box 596 Brentwood, CA 94513 Boat - Full Value $3,300 , Acct. T;CF4l00FVEl 1977-78 Bruce Bartholomew Frances Houk 3256 Casa Grande Dr. San Ramon, CA 94583 Boat - Full Value $860 Acct. A'CF4123ESE1 1977-78 Martin Lyle 3032 Santa Maria Ct. Concord, CA 94518 ' Boat - Full Value V440 Acct. #CF4124CRE1 1977-78 Ruben Dominguez 3239 Casa Grande Dr. San Ramon, CA 94583 Boat - Full Value $1,140 Acct. , CF41:39AR✓1 1977-78 Jack Donnel Rt. 1, Box 66A Sp. 10 Byron, CA 94514 Boat - Full Value $1,740 Acct. #rCF4192GAE1 1977-78 Stephen George Tenbrink 437 Colusa Ave. El Cerrito, ''CA 94530 Boat - Full .Value $5,400 Acct. ls'rCF4202FZE1 1977-78 Allen Edward Cubic Lynette Gail Cubic 842 Holly Hill Dr. Walnut Creek, CA 94596 Boat - Full Value $2,060 Acct, nCF4237GBE1 1977-78 James Louis. Jarosch_ Verna Marion Jarosch 453 Vallejo.Ave. Rodeo, CA 94572 Boat - Full Value $7,920 Acct. rCF4286FYE1 1977-78 Hubert H. Kirklin 63A Fairview Ave. Pittsburgg,, C9 9456 Boat - Fu-11 Value $9,60 _ . 0. SEATON Assistant Assessor Page 5 of 9 000 tt7 For the Fiscal Year 1977-78 Acct, rCF4292FZE1 1977-78 James L. Whittaker 1 Burlwood Dr, San Francisco, CA 94127 Boat - Full Value $39,200 Acct. ;r'CF4383FZE1 - 197-7,78 Herbert Fall William 976 Argenta Dr. Pacheco, CA 94553 Boat - Full Value $2,400 Acct. ;f'CF4404BPE'1 1977-78 .Thomas E. Ryan 610 - 24th St. Richmond, CA 9480 Boat - Full Value 3,!40 Acct, T#cF4466FZE1 1977-78 Steve L. Goldman Donna L. Goldman 2156 N. 6th St. Concord, CA 94.516 Boat - Full Value $6,920 Acct, CF4513AME1 1977-76 Donald E. Griffore Shirley Griffore 1564 E. Schenone Concord, CA 94521 Boat - Full Value $2,000 Acct, ,CF4530BCE1 1977-78 Robert Scott Holmes P. 0. Box 147 Bethel Island, CA 94511 Boat - Full -Value $800 Acct, ;1cF4638CM- 1977-78 Howard Charles Phalan Samuel Orvine Estes 1678 Heatherwood Dr. Pittsburg, CA 94565 ; Boat - Full Value 0,100 Acct. rCF1?31EAE1 1977-78 Clayton H. -Kille Florence H. Kille 2668 Warburton Ave. Santa Clara, CA 95051 Boat Full Value $21,200 Acct. rCF532lAGEl 1977-78 Peter A. Lamb Marilyn J. Lamb 5397 Northwa7 Rd. Pleasanton, CA 94566 Boat - Full Value W20 R. 0. SEATON Assistant Assessor Page 6 of 9 For the Fiscal Year 1977-78 Acct. #cF5590BSE1 1977-78 Hans P. Schnitler 29 Irving Lane Orinda, CA 94563 ' Boat - Full Value $1,200 Acct, #CF5635AK. E1 1977-78 Eddie F. Barrett, Jr. - 1548 Monterey Richmond, CA 94804 Boat - Full Value 422000 Acct, #CP5789FGE1 1977-78 Thomas 0. Roberts 640 Newlands .Ave. San Mateo, CA 94403 Boat - Full Value $19,100 Acct. #CF5909EREl 1977-78 Ben Fraize 4049 Lacolina Road 71 Sobrante, CA 94803 Boat - Full Value 51,020 Acct. -CF6213AGE1 1977-78 Martin J. Rolin, Sr. 763 Humboldt St. Richmond, CA 94805 Boat - Full Value $1,480 Acct. �CF6305FLE1 1977-78 Nina McFarland 1950 Stanton Ave, Apt. D San Pablo, CA 94806 Boat - Full Value $2,500 Acct. #CF6430GBE1 1977-78 Lyle E. Trentz Mabel V. Trentz 1209 Simnons St. Antioch, CA 94509 Boat - Full Value $33,520 Acct. 7CF6743EW.E1 1977-78 Bill Brewer P. 0. Box 422 Bethel Island, CA 94511 Boat - Full Value $6,100 Acct. 7rCF7268AHE1 1977-78 Michael P. Heath 1761 'Sattler Dr. Concord, CA 94519 Boat - Full Value $ 800 D 0. SEATON Assistant Assessor Page 7 of 9 For the Fiscal Year 1077-78 Acct. 4CF-7304FAEl 1977-78 John L* Fidler 1533 Harlan Dr. Danville, CA 94526 Boat - Full Value $5,500 Acct. ;'CF�424AGE1 1977-78 Louis F. Brunini * Virginia R. Brunini 267 Karen Way Tiburon, CA 94920. Boat —Full Value $1,800 Acct, CF7445CVE1 1977-78 Don R. Evans 9 Colleen Ct. San Pablo, CA 94806 Boat - Full Value $900 Acct, nCF7620E-TIEl 1977-78 Bill Wattenburg 1167 Grizzly Peak Blvd. Berkeley, CA 94708 Boat - Full Value $2,800 Acct, rrCF7778CDE1 1977-78 Timothy Walter Akin 2671 Sandpiper Ct. Walnut Creek, CA 94596 Boat - Full Value $1,600 Acct. -'CF 8024AJE1 1977-78 Robert Dale Murphy '2707 Kern Ave. . El Cerrito, CA 94530 Boat - Full Value X1,000 Acct. #CF9062FNEl 1977-78 Marvin W. Owensby Sandra Owensby 524 Northbrook Ct. Antioch CA 94509. Boat - Full Value $5,700 Acct, rCF9178EA21 1977-78 M. Wm. Riley 32174 Bernice Wa Hayward, CA 9454 Boat - Full Value $12140 Acct. #CF9337-PLE1 1977-78 Johnny A. Garcia P. 0. Box 4 Oakley, CA 94561 Boat - Full Value $2,580 R. 0. Seaton Assistant Assessor Page 8 of 9 00019 For the Fiscal Year 1977-78 4ffliaRi9il- �IaNEIrown 1977-78 Ellen Lea Brown 5551 Southbrook Dr. Clayton., CA 94517_ Boat - Full Value $2,000 Acct, ;;`CF9626FZE1 1977-78 Allen F. Rouse 4495 Pacheco Bl. Martinez, CA 94553 Boat - Full Value $2,500 Acct. 7-1T1CF9847FFE1 1977-78 Harold D. Crank 584 TEl Cerro Dr, El Sobrante, CA 94803 Boat - Full Value $1,000 Acct. #CF9964EPE1 1977-78 Allan A. Ford 861 Madigan Avenue Concord, CA 9 .518 _ Boat - Full Value $2,000 Acct. #29476XXXEl 1977-78 Vincent F. Bohn Rosemary S. Bohn 1840 Lynwood Dr. Concord, CA 94521 Aircraft - Full Value $6,900 Acct. 7869LXXXEI L977-78 Intercostal Leasing Corp. 120 Howard ,,780 San Francisco, CA 94103 Aircraft --Ful -value $33050 Note ' • Assessees have been notified of these additions and their right of appeal, R. 0. SEATON Assistant Assessor PASSED by the Board on December 6, 1977. Page 9 of 9 RESOLUTION NO. 77/997 00fliso 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 Providing ) Assurances of Non-Federal ) Cooperation to the United ) States of America for the ) RESOLUTION NO. 77/ 998 U.S. Army Corps of Engineers ) Wildcat Creek - San Pablo ) Creek Flood Control Project ) W.O. 8186-7505 ) (Flood Control Zone 6 & 7) ) The Board of Supervisors of Contra Costa County, as ex officio the Board of Supervisors of the Contra Costa County Flood Control and Water Conservation District, RESOLVES that: Construction of the WILDCAT-SAN PABLO CREEKS FLOOD CONTROL PROJECT was authorized by the provisions of Section 201 of Public Law 89-298 (79 Stat 1073) , approved 9 June 1976 and 15 June 1976 by the Committees on Public Works and Transportation, U.S. House of Representatives and United States Senate respectively; State legislation has been passed on behalf of the Contra Costa County Flood Control and Water Conservation District which authorizes State to: ( 1 ) reimburse the District for a portion of the costs of rights of way and relocation of bridges and utilities; (2) pay for 50% of the non-federal capital costs of recreation; and (3) make a loan to the District for its cost of rights of way and relocation of bridges and utilities: The District is actively engaged in determining the most suitable and acceptable plan for financing the local funding requirements. The U.S. Army Corps of Engineers, by letter dated May 25., 1977, has advised that as part of its institutional analysis investigation"for the Wildcat-San Pablo Creeks Phase I General Design Memorandum, it requires the District to review a draft of the agreement between the United States of America and Contra Costa County Flood Control and Water Conservation District for the Wildcat-San Pablo Creeks Flood Control Project; The revised .draft agreements presented to D'+strict staff on November 3, 1977, having been reviewed by District staff and County Counsel , are hereby APPROVED by this Board. The U.S. Army Corps of Engineers also requires a "letter of intent" assuring that the District will meet all local cooperation requirements and non-federal responsibilities for this project. This Board hereby DECLARES ITS INTENT that the Contra Costa County Flood Control and Water Conservation District will provide the following assurances: (a) Provide, without cost to the United States, all lands, easements and rights of way necessary for the construction and operation of the project, including disposal areas, except when (in accordance with the provisions of Section 3 of the 1936 Flood Control Act, Public Law No. 738) expenditures for land, easements, and rights of way by non-federal interests for the flood control portion of the project or useful part thereof, shall have exceeded the estimated construction cost, the local agency concerned may be reimbursed one-half of its excess expenditures over said estimated construction cost. The amount of this reimbursement by the Federal Government is presently estimated to be $1 ,294,000 (February 1977 prices); (b) Modify or relocate all utilities and bridges (except railroad) necessary for construction and maintenance of the project with such modifications and replacements being in accordance with plans approved by the Chief of Engineers, and replace vehicular traffic facilities including but not limited to streets, curbs, gutters, and signs affected by the project; RESOLUTION NO. 77/998 001 r+ILI (c) Maintain and operate the flood control portion of the project after completion in accordance with regulations prescribed by the Secretary of the Army and prevent encroachment on the flood channels that may result in decreasing the effectiveness of the project; (d) Hold and save the Unified States free from damages due to the construction, operation and maintenance of the project except where such damages are due to the fault or negligence of the United States or its contractors; (e) Adjust all claims regarding water rights that might be affected by the project; (f) Comply with all applicable requirements of the 1970 Uniform Relocation Assistance and Real Property Acquisition Poricies Act, Public Law 91-646; (g) Make a cash contribution, prior to start of construction for that portion of the cost of recreation facilities which, when added to the cost of recreation lands, would amount to 50 percent of the total first cost of the recreation lands and recreation facilities. The extent of these facilities and amount of contribution will be determined upon mutual approval and adoption of the final recreation master plan yet to be developed; . (h) Assure access to all persons on equal terms for approved recreational use; (i-) Maintain, operate and replace the recreation facilities; (j) At least annually inform affected interests regarding the limitations of the protection afforded by the project; and (k) Publicize flood plain information in the areas concerned and provide this information to zoning and other regulatory agencies for their guidance and leadership in preventing unwise future development in the flood plain, and in adopting such regulations as may be necessary to insure compatibility between future development and protection levels provided by the project. ( 1 ) Give the Government a right to enter at reasonable ttimes. and in a reasonable manner, upon lands which the District owns or controls for access to the project for the purpose of inspection, and for the purpose of operating, repairing, and maintaining the project, if such inspection shows that the District for any reason is failing to complete, operate, repair, and maintain the project in accordance with the assurances hereunder, and has persisted in such failure after a reasonable notice in writing by the Government delivered to the District. No completion, operation, repair and maintenance by the Government in such an event shall operate to relieve the District of responsibility to meet its obligation as set forth in paragraph I of the Draft Agreement, or to preclude the Government from pursuing any other remedy at law or equity. (m) The District understands that it will enter into a written agreement regarding its obligations to the Federal Government as soon as the general project plan has been finalized and all necessary financial and legal arrangements are completed. PASSED on December 6 1977 unanimously by Supervisors present. 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.. Originator: Public Works Department Witness my hand and the Seat of the Flood Control Board of Supervisors affixed this 6th day of December , 19 77 cc: U.S. Army Corps of Engineers Flood Control J. R. OLSSON, Clerk Public Yorks Director County Administrator City of Richmond By Deputy Clerk . City of San Pablo K POUS East Bay Regional Park District RESOLUTION NO. 77/998 �9�El�2 IN THE BOARD OF SUPERVISORS • OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA Abandoning a Portion of ) RESOLUTION NO. 77/999 Alder Lane in the ) Date: December 6, 1977 Martinez Area. ) Resolution and Order Abandoning County Road (S. & H. Code 959, 959.1) The Board of Supervisors of Contra Costa County RESOLVES THAT: On October 25, 1977, this Board passed a resolution of intention to abandon the road described below and fixing December 6, 1977 at 10:45 a.m., in its chambers, Administration Building, 651 Pine Street, Martinez, California, as the time and place for the hearing thereon, and ordered that the resolution be published and posted as required by law, which was done as shown by affidavits on file with this Board. The hearing was held at that time and place, this Board hearing and duly considering the following evidence offered concerning the abandonment: Alder Lane is shown on the map of Martinez Land Company Tract No. 3, filed September 27, 1915 in Book 14 of Maps at Page 287 and runs between Crest Avenue and Bush Street in the Martinez Area. The abandonment covers all of Alder Lane except the northwesterly- most 25 feet thereof adjacent to Bush Street. The portion of Alder Lane covered by the abandonment is not in public use. It is a non-County-maintained street and has never been improved. There were no objections to the abandonment. This Board hereby FINDS that the proposed abandonment will not have a significant impact on the environment, and that a negative declaration has been prepared and processed in compliance with the California Environmental Quality Act, and that it has reviewed and considered the information contained in the negative declaration. This Board therefore hereby further finds that the herinafter described road dedicated to public use, is unnecessary for present or prospective use, and it is HEREBY ORDERED ABANDONED. The Director of Planning shall file with the County Clerk a Notice of Determination concerning this abandonment and the negative declaration. DESCRIPTION: See Exhibit "A" attached hereto and incorporated herein by this reference. PASSED BY THE BOARD on December 6, 1977. Origi.nating Department: PW (LD) cc: Mountain View Sanitary District Contra Costa County Water District Stege Sanitary District of C_ C. C. East Bay Municipal Utility District Oakley County Water District San Pablo Sanitary District Director of Planning Public Works Director Recorder Joseph F. Swicegood 1420 Lydia Lane Clayton, CA 94517 Pacific Telephone Company, Oakland Pacific Gas & Electric Company, Oakland Thomas Brothers Maps ooc.63 RESOLUTION NO. 77/999 EXHIBIT "A" All of Alder Lane (25 feet in width) as said street is shown on the map entitled "Martinez Land Company, Tract No. 3" filed September 27, 1915 in Book 14 of Maps at page 287, records of Contra Costa County, California. EXCEPTING THEREFROM: The northwesterly 25 feet of said Alder Lane being bounded on the northwest by Bush Street. ALSO EXCEPTING AND RESERVING THEREFROM, pursuant to the provisions of Section 959.1 of the Streets and Highways Code, the easement and right at any time or from time to time for the owner of an existing facility used for utility purposes, including but not limited to transmission and distribution for pipe lines for sanitary sewers, to maintain, operate, replace, remove, renew, and enlarge existing pipies, and other convenient structures, equipment and fixtures for the operation of existing facilities including access to protect the property from all hazards in, upon under, and over the street hereinbefore described to be abandoned by said County of Contra Costa. • j i 5 TREE T _ JIIJA -J-jjvl�l r 1v�> > .3 I 2\ CONTRA COSTA COUNTY 1 A V� O PUBLIC WORKS DEPARTMENT "p� MARTINEZ CALIFORNIA �. ROAD NO. *6 r?_D (r,�✓UP Gj V C� V ABANDONMENT ALDER LANE R/W acquired by County BETkvf-EN &6N ST 4 REST 4VE SCALE /" =50 DATE SEPT. /977 Instr. DRAWN BY J.E.N. FILE NO. Recorded Vol. Page CHECKEO BY: M. T. , A 3 485- 77 G OORD. R EF.:F/2 ,/533,400!554, -00 y J RESOLUTION NO. 7711000 < RESOLUTION DIRECTING FILING OF AN AMENDED ENGINEER'S REPORT IN ASSESSMENT DISTRICT 1975-4, SAN RAMON STORM DRAIN, CONTRA COSTA COUNTY, CALIFORNIA WHEREAS, on the 1st day of November, 1977, the Board of Supervisors of the County of Contra Costa, State of Cali- fornia, preliminarily adopted the Engineer's Report filed pur- suant to the Resolution of Intention in Assessment District 1975-4, San Ramon Storm Drain, Contra Costa County, California; and WHEREAS, since the filing of said original Engineer's Report, bids have been received showing a different construc- tion cost than set forth in said original Engineer's Report, NOW, THEREFORE BE IT RESOLVED by the Board of Super- visors of the County of Contra Costa, State of California, that the Engineer of Work be, and he is hereby directed to file an Amended Engineer's Report to conform to the low bid received for said work and improvements. ORIGINAL 0 f)or S'J", RESOLUTION NO. 77./1000 RESOLUTION NO. 77/1001 RESOLUTION AND ORDER APPROVING AMENDED ENGINEER'S REPORT, ORDERING CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS AND CONFIRMING ASSESSMENT, ASSESSMENT DISTRICT 1975-4, SAN RAMON STORM DRAIN, CONTRA COSTA COUNTY, CALIFORNIA WHEREAS, on the 1st day of November, 1977, the Board of Supervisors of the County of Contra Costa, State of Cali- fornia, adopted its Resolution of Intention in Assessment District 1975-4, San Ramon Storm Drain, Contra Costa County, California, for the construction of improvements and acquisi- tions in said assessment district and referred said proposed improvements and acquisitions to BRYAN & MURPHY ASSOCIATES, INC. , CIVIL ENGINEERS, Engineer of Work for said assessment district; and WHEREAS, on the 1st day of November, 1977, the said Engineer of Work filed an Engineer's Report, Assessment and Assessment Diagram in accordance with said Resolution, and said Engineer's Report was presented to the Board of Super- visors of the County of Contra Costa for consideration; and WHEREAS, on the lst day of November, 1977, the Board of Supervisors of the County of Contra Costa preliminarily adopted said Engineer's Report and fixed Tuesday, the 6th day of December, 1977, at the hour of 11;00 o'clock A.M. of said day, at the meeting place of the Board of Supervisors of the -1- ()x)(2 '7 RESOLUTION NO. 77/1001 County of Contra Costa, located in the Administration Building, Martinez, California, as the time and place for hearing pro- tests with relation to said proposed improvements and acquisi- tions; and WHEREAS, pursuant to said resolution hereinabove men- tioned a Notice of Improvement was duly published, posted and mailed, giving notice of the time and place of hearing on said Report; and WHEREAS, on the 6th day of December, 1977, said hearing was held; and WHEREAS, on the 6th day of December, 1977, the Board of Supervisors of the County of Contra Costa directed the Engineer of Work to file an Amended Engineer's Report; and WHEREAS, on the 6th day of December, 1977, the Engineer of Work filed with the County Clerk of the County of Contra Costa an Amended Engineer's Report, NOW, THEREFORE, BE IT RESOLVED by the Board of Super- visors of the County of Contra Costa, State of California, that this Board does hereby find, determine and order as follows: 1. That the district benefited by said improvements and acquisitions and to be assessed to pay the costs and ex- penses thereof, is more particularly described in the Resolu- tion of Intention hereinabove referred to and made a part hereof by reference thereto. Said Resolution of Intention -2- also excepts from the district to be benefited the area of all public streets, avenues, lanes, roads, drives, courts; places, public parks, and all easements and rights-of-way therein con- tained belonging to the public, and also all property owned by the County of Contra Costa, the State of California or the United States of America, contained therein, now in use in the performance of a public function. 2. That the plans and specifications for the proposed improvements and acquisitions be, and they are hereby, finally adopted and approved as the plans and specifications to which said work shall be done as called for in said Resolution of Intention. 3. That the itemized and total estimated cost and expenses of the improvements and acquisitions, and of the incidental expenses in connection therewith is on file in the Amended Engineer's Report in the County Clerk's office of the County of Contra Costa, and it is hereby, finally adopted and approved as the Engineer's total and detailed estimate of the costs and expenses of said improvements and acquisitions. 4. That the work and improvements to be made, as des- cribed in the Resolution of Intention and the Amended Engineer's Report on file with the County Clerk of the County of Contra Costa are hereby approved, and all of the matters contained in said Amended Engineer's Report are approved and confirmed. The Board of Supervisors of the County of Contra Costa further finds -3- 004069 that the public convenience and interest require, and hereby orders the improvements to be made as described in and in accordance with said Resolution of Intention, and said Amended Engineer's Report. Reference to both the Resolution of Inten- tion, and the Engineer's Report is hereby made for a more parti- cular description of the work and improvements herein approved, confirmed and ordered. 5. The Board of Supervisors of the County of Contra Costa does hereby levy and apportion upon each and every lot, piece and parcel of land within the boundaries of the assess- ment district the amount by which each of said lots, pieces or parcels of land is benefited by the improvements and acquisitions. The amount of the assessment which is levied and apportioned upon each and every lot, piece and parcel of land within the boundaries of the assessment district is as shown on the assess- ment attached to and made a part of the Amended Engineer's Report adopted by this Resolution. The Board of Supervisors of the County of Contra Costa hereby finds and determines that each of said lots, pieces or parcels of land within the boundaries of said district is benefited in the amount and in the proportion of the total cost of the improvements and acquisitions, plus incidental expenses, which each of said lots, pieces or parcels of land has been assessed in said Amended Engineer's Report. -4- 00 90 6. Collections of assessments shall be made by the County Treasurer of the County of Contra Costa. 7. In the event any surplus remains in the Improve- ment Fund after the completion of the improvements and the pay- ment of all claims from the Improvement Fund, said surplus shall be distributed in accordance with Section 10427 of the Streets and Highways Code. 0�4� 91 RESOLUTION NO. 77 1002 RESOLUTION AUTHORIZING CHANGES IN THE WORK TO BE MADE BY THE DIRECTOR OF PUBLIC WORKS OF THE COUNTY OF CONTRA COSTA IN CONNECTION WITH ASSESSMENT DISTRICT 1975-4, SAN RAMON STORM DRAIN, CONTRA COSTA COUNTY, CALIFORNIA BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa, State of California, as follows: The Director of Public Works without further authori- zation of the Board of Supervisors is hereby authorized to order changes in the work to be done in Assessment District 1975-4, San Ramon Storm Drain, Contra Costa County, California, under the following conditions: To correct clerical and technical- errors in the plans; To modify the design of the project wherever good engineering practice indicates that the modification should be made; To adjust the design of the project to utility loca- tions, soil conditions, and other field conditions which were unknown or uncertain at the time the plans were prepared. HOWEVER, the Director of Public Works shall not be authorized to approve change orders resulting in the increase in construction costs aggregating more than the amount of contingencies provided for in the Amended Engineer's Report heretofore approved by this Board of Supervisors. J3 a §4L RESOLUTION NO. 77/1002 00194-2 RESOLUTION NO. 77/1003 RESOLUTION OF AWARD OF CONTRACT, ASSESSMENT DISTRICT 1975-4, SAN RAMON STORM DRAIN, CONTRA COSTA COUNTY, CALIFORNIA WHEREAS, by resolution adopted on the lst day of November, 1977, it was directed that bids be called for the improvement work to be done in Assessment District 1975-4, San Ramon Storm Drain, Contra Costa County, California, and that the time fixed for receiving sealed bids or proposals was the 23rd day of November, 1977, at the hour of 2:00 o'clock P.M. of said day; and WHEREAS, Notice Inviting Sealed Bids was duly pub- lished in the time and manner required by law; and WHEREAS, all bids having been publicly opened, ex- amined and declared pertaining to the doing of the work and improvements described in the Resolution of Intention, which Resolution of Intention is hereby expressly referred to for a description of said improvements, and for all other particu- lars relative to the proceedings under said Resolution of Intention; and WHEREAS, said bids having been referred to the Engineer of Work for review and recommendation, and said Engineer of Work having reviewed said bids and presented his analysis and re- commendation re award of bid; and -1- tib I d"I A L RESOLUTION NO. 77/1003 0009 1 WHEREAS, the Board of Supervisors of the County of Contra Costa having considered said analysis and recommendation and having determined that the bid recommended for award was submitted in accordance with said Notice Inviting Sealed Bids; and WHEREAS, the Board of Supervisors of the County of Contra Costa on the 6th day of December, 1977, ordered the improvements and acquisitions to be made in said assessment district, NOW, THEREFORE, IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Contra Costa, State of Cali- fornia, hereby rejects all of said proposals or bids, except that herein mentioned, and hereby awards the contract for said improvements to the lowest responsible bidder, to wit: HUNSAKER CONSTRUCTION CO. , at the prices named in the bid of said bidder on file in the office of the County Clerk of the County of Contra Costa; and IT IS HEREBY DIRECTED that the County Clerk of the County of Contra Costa publish a Notice of Award of Contract. IT IS HEREBY FURTHER AUTHORIZED AND DIRECTED that the Chairman of the Board of Supervisors and the County Clerk of the County of Contra Costa execute the written contract for said improvements upon presentation by said bidder of the required bonds and certificates of insurance, provided, that -2- r ' the required bonds be in substantially the form approved by the Insurance Commissioner of the State of California and that said bonds and certificates be approved by Special Band Counsel. 0009- A G R E E M E N T THIS AGREEMENT, made and entered into this 16th day December, 1977, by and between HUNSAKER CONSTRUCTION CO. , a California corporation, First Party and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, Second Party, under and by virtue of the authority granted to it by an Act of the Legislature of the State of California, designated the "Municipal Improvement Act of 1913" and amendments thereto, which said Municipal Improvement Act of 1913 is now embodied in the Streets and Highways Code of the State of California; W I T N E S S E T H: That, whereas, First Party (as will more fully appear by reference to the proceedings of the Board of Super- visors of the County of Contra Costa on the 6th day of December, 1977,) has been awarded the contract for the work and improve- ments to be done in Assessment District 1975-4, San Ramon Storm Drain, Contra Costa County, California, and described in the Resolution of Intention for the doing of said work, which Reso- lution of Intention was passed by the Board of Supervisors of the County of Contra Costa on the lst day of November, 1977, and as described in the Amended Engineer's Report and the plans and - specifications for said work and improvement; NOW, THEREFORE, these presents witnesseth that for d r: ORNIGIN Al 01WO-t and in consideration of the full and complete performance of the covenants herein mutually agreed to be performed, the parties hereto do covenant and agree as follows: Said First Party promises and agrees to do or per- form or cause to be performed in a good and workmanlike manner under the inspection of the officials of the County of Contra Costa and in accordance with the plans and specifications here- tofore adopted by the Board of Supervisors of the County of Contra Costa, all of the work and improvements described in the Resolution of Intention of said Board of Supervisors of the County of Contra Costa, and plans and specifications adopted by said Board of Supervisors of the County of Contra Costa. The contract entered into by the acceptance of the bid of the First Party and the signing of this agreement con- sists of the following documents, all of which are a component part of this contract and as fully a part hereof as if herein set out in full and, if not attached, as if hereto attached: 1, This Agreement. 2. Specifications. 3. Plans. 4. Resolution of Intention. 5. Notice Inviting Sealed Bids. 6. Bid. A11 of the documents hereinabove referred to as being a part of this contract are on file in the office of the County Clerk of the County of Contra Costa. -2- 0011119"l Said First Party shall furnish all necessary tools, equipment, labor and materials required for the performance and completion of said work and improvement, and all materials used shall comply with the said specifications and .be to the satis- faction of the Director of Public Works of the County of Contra Costa. Time for commencement and completion of the work is fixed in the specifications. First and Second Parties agree that the actual work of construction completed shall be paid for by Second Party to First Party based upon the following unit and/or lump sum prices: ESTIMATED CONSTRUCTION COSTS 1. 1,545 l.f. 60" Gast-In-Place Pipe @ Forty-two Dollars ($42.00) per l.f. $64,890.00 2. 24 l.f. 15" Reinforced Concrete Pipe @ Twenty Dollars ($20.00) per l.f. 480.00 3. 16 l.f. 18" Reinforced Concrete Pipe @ Twenty-one Dollars ($21.00) per l.f. 336.00 4. 8 l.f. 24" Reinforced Concrete Pipe @ Twenty-five Dollars ($25.00) per l.f. 200.00 5. 8 l.f. 30" Reinforced Concrete Pipe @ Thirty Dollars ($30.00) per l.f. 240.00 6. Extend existing 12" CP to structure #)2 @ lump sum Five Hundred Dollars ($500.00) 500.00 7. 5 each Type C Inlet on Type 111 Man- hole Base @ Two Thousand Five Hundred Dollars ($2,500.00) each 12,500.00 8. Remove and replace 8" Sanitary Sewer & Install Sanitary Sewer Manhole @ lump sum Two Thousand Dollars ($2,000.00) 2,000.00 TOTAL ES';IMATED CONSTRUCTION COST $81,146.00 -3- 04008 Payments will be made to the Contractor in cash by said Second Party but only from the proceeds of assessments levied and bonds which have been sold to represent unpaid assessments, or from any funds provided to the Second Party and placed into the same fund, which said fund is the fund mentioned and described in Section 10424 of the Streets and Highways Code of the State of California. Said payments will be made to the contractor based upon the provisions of said specifications for payments and based upon the conditions there- in specified. The contractor shall secure the payment of compen- sation to his employees in accordance with the provisions of Section 370.0 of the Labor Code of the State of California and •• all amendments thereto, as required by Labor Code Section 1860. And it is further agreed and expressly understood by the parties to this contract, and notice thereof is hereby given, that in no case except where it is otherwise provided by law will said Second Party or any officer or employee there- of, be liable for any portion of the expenses of the work aforesaid or for any delinquency of persons or property assessed. -4- 1)i�tt��7i7 IN WITNESS WHEREOF, the First Party, HUNSAKER CONSTRUCTION CO. , has hereunto subscribed its name by its officers thereunto duly authorized and the Second Party, COUNTY OF CONTRA COSTA, has hereunto signed its name by its Chairman of the Board of Supervisors and attested by its County Clerk. HUNSAKER CONSTRUCTION CO. , a Cal lbrn•ia'. corporation sy President �1 By ecretary (Seal) "First Party" COUNTY OF CONTRA COSTA, a political Lsubd*visZ' o State of California Chairman - Board of Supervisors ATTEST: r , JAMES R. OLSSON, County Clerk By "Second Party" -5- PERFORMANCE BOND. Bond No. C-_lgSC 6323051 The premium for this bond is S_ rtREmArw*s FUND INSURANCE COMPANY Payable in advance and subject iect to adjust- TME AMERICAN INSURANCE COMPAt4Y ment at current manual rate., NAT,ONAL SURETY CORPORATION cA ASSOCIATED INDEMNITY CORPORATION FIREMM'S FWD AMERICAN AUTOMOBILE INSURANCE COMPANY HOME OFFICE SAN FRANCISCO,CALIFORNIA KNOW ALL MEN BY THESE PRESENTS: That we, HUNSAKER CONSTRUCTION CO. as Principal, and THE AMERICAN INSURANCE COMPANY _. a corporation organized under the laws of the State of%., d dla: vs and authorized under the las of the State of CALIFORNIA to become sole surely on bonds and under- taking, as Surety, are held and firmly bound unto COUNTY OF CONTRA COSTA as Obligee the lull and just sum of EIGHTY ONE THOUSAND.ONE HUNDRED FORTY SIX AND NO/100------ Dollars, 00------Dollars, (S 81, 146.00---q, lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. The Condition of the above Obligation is such that whereas the said Principal has entered into a contract of even date herewith with the said Obligee to do and perform the foliowmg work. to-w:t, ALL OF THE WORK EESCRIBED IN THE RESOLUTION OF INTENTICN, TV1E PLANS AND SPECIFICATICOS AND THE PROCEEDINGS FOR THE WORK AND IMIROVFMTIS TO BE DCNE IN ASSESSMENT DISTRICT 1975-4, SAN RAMCN STORM DRAIN, CONTRA COSTA COLNTY, CALIFORNIA. State of- CALIFORN A County of FRESNO{ 'LS: On DECEMBER 16, 1977 before me. a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, Personally appeared JOHN C. DAY known to me to be Attorney-in-Fact of THE AMERICAN INSURANCE CoMpA?qy the corporation described in and that executed the within and foregoing instrument,and known to me to be the Person who execute the said instrument in behalf of the said corporation. and he duly acknowledged to me that Such corporation executed the same. IN WITNESS WHEREOF x1ad-ul. official�ta_ ociial seal, the day and Year this in stated d certificate above. M, f t n VFICJA'_ SEAL SHA R0N PIERCE I N . � My Commission Expire ii OTARy pL3_11C, C A L I FC A NTI A LIN T Y Nota j. ry MY commistion EXP- lic 360212--6-66 1 .951 01 PERFORMANCE BOND- Bond No.C- 18SC 6 32 3051 The premium for thi7 bond is 3 , payable in advance and subject to adjust- FIREMAWS FUND INSURANCE COMPANY ment at current manual rales. THE AMERICAN INSURANCE COMPANY NATIONAL SURETY'CORPORATION ASSOCIATtO INDEMNITY CORPORATION REMANS(1�ftu„FI AMERICAN AUTOMOBILE INSURANCE COMPANY ,.,.,.w. ws'Y:(wasj� NOME OFFICE. SAN FRANCISCO,CALIFORNIA KNOW ALL MEN BY THESE PRESENTS: That we, HUNSAKER CONSTRUCTION CO. as Principal, and `Y'HE AMERICAN INSURANCE COMPANY , a corporation organized under the laws of the State ofCALIFORNIA and duly authorized under the laws of the State of CALIFORNIAto become sole surety pn bonds and under- taking, as Surety, are held and firmly bound unto COUNTY OF CONTRA COSTA as Obligee thr full and just sum of EIGHTY ONE THOUSAND.ONE HUNDRED FORTY SIX AND N0/100—————— Dollars, Oj100------ Dollars, t$ 81, 146.00---1, lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made. .we bird ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. The Condition of the above Obligation is such that whereas the said Frinclpal has entered into a contract of even date herewith with the said Obligee to do and perform the following work, to-w:t ALL OF THE WORK DESCRIBED IN THE RESOLUT`IO'N OF INTIIMON, THE PLANS AND SPECIFICATICNS AND TO PROCEEDINGS FOR THE WORK AND TWROVEMEN'IS TO BE DINE IN ASSESSMM DISTRICT 1975-4, SAN RAKN STORM DRAIN, CX3NTRA COSTA Cp(,l+M, CALIFORNIA. as is more specifically set forth in said contract, to which contract reference is hereby made; Now therefore, if the said Principal shall well and truly do the said work, and fulfill each and every of thecovenants, conditions and requirements of the said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named h3rein. Sealed with our seals and dated this 16TH day of DECEMBER 19 77 HUNSAK R J CONSTRUCT O CO. � — Principal RI CAN__ISaURAN_CE_CQMP 5 ety B C• DAY Attorney-in-Fact 360039-5.65 (j/)4 02 GENERAL POWEk.OF THE AMERICAN INSURANCE COMPANY ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE A.MEHICAN' INISIMANUE COMPANY, a Curpjralion duly orctnnixed and existing unser the law. of the State of New Jersey, and having its Home 0!!:err it, !!hr Gly and County cl San Francisco California, has made, c:ai ntitoted and appointed. and does by these presents make, cu^st:!ut•• a:, a;:j-,i:,t ------JOHN C. DAY----- it:, true and lawful Atlorney(s)-in•Fact. with lull power and authority hereby cunfe:rred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, reeognizanees or other written obliga- tions in the nature thereof and to bind the Corporation thereby as fully and tc the :ame extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary hereby ratifying and confirming all that the said Attorneys)-in- Fact may do in the premises. This power of attorney is granted pursuant to Article VIII, Section 30 and 31 of By lawn of THE AMERICAN INSURANCE COMPANY ncrw it-. full force and effect. 'Aricl,• VIII. Avi—i-l—at aed a I .ttrorr•••,.nr-f'arr and Arnott 4. aeeryt /,Caul Proerae prem .11(tht A t4'"rra,ere.. I Section 30. Appaoiwtreent. The Chairman of the Board of Directors. the President, any Vice-President cr any other person authorized by the Board of Directors. the G"hairman of the Board of Directors,the President or any Vice-President,may,from time to time,appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept Segal process and make appearancos for and on behalf of the Corporation. Sinn al. .lut1writ.,. The Authority of sit.-ii Resident Assistant Sec:efori*< Aiwrn)'s in Fact, and Agents shall be as prescribed in the instrument rutin•iriq their appointment, and any su.f, appointment and all authority granted ibrr.i•y may be revoked at any time by the- Board of Directors or L•, ar,y person cintowcred to make sucli rpt ointment" This power of attorney is signed and •ealed under and by the authority ul the following Reculution adi,pted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly calked and held .:n the 261h day ul September, 1966, and that said Re:ch::i^n hrv: not been amended or repealed: "RESOLVED• that the signature of any Vice-President. Assistant Secretary. ar:d Resident Assistant Secretary of this Corporation• and the seat of this Corporation may be affixed or printed on any power of attorney, cn any revocation of any power of attorney, or on any certificate relating thereto by facsimile, and any power of attorney, any revoca icn of any power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation-'• IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY hes caused these presents to be signed by its Vice-President, and its corporate seal to be hereunto affixed this 21 St day of Januar 19 77 THE AMERICAN INSURANCE COMPANY By Vice-President STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO I On this. 21 s day of January _ 19 77_ before me personally came_Wi l Liam W. Lauber Y• to file known, who, being by me duly sworn, did depose and say. that he is Vice President of THE AMERICAN INSURANCE COMPAN the Corporation described in and which executed the above instrument that he knows the seal of said Corporation, that the seal affixed !o the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official :real, the day and year herein first above written. Ruu:etnuottww::nttss•::mrrsr: -a:crttc:.•retZ �. �iCT�i.' KIN I•_ C CITY L L::111 l'i t My Ce re:am. ::r•s 1"'0 CERTIFICATE �Itltttttittttlltllttl►ralt,tttt►t:Lt::.►r::' ':..:.:F.I] - STATE OF CALIFORNIA, 33. CITY AND COUNTY OF SAN FRANCISCO I, Inc u:,:�rsiyr,ed. Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW IERSEY Corporation. DO HEREBY Cl-i1 1FY that the loreg ing and a:lacy:ed POWER CF ATTORNEY remo.r:. ice and haL not beer: revoked, and furthermore that Anicie VIII• Scct:eas 30 and 31 of tri_• Rv-laws of the Corpora,ion• aria !lir P-:!Ligon of the Board of Directors, set forth in the Power of All irney ire no%v in force. e Signed and sealed at the City and County of San Francisco. Dated thJ 6TH day of DFf(F:MRFR , 19 77 ,Oki' _ - sistant.,ocretary O~a f ad`• 1 /.(F : 360546(HO) —TA— 11.76 :1Yf.4EIdT BOND—PUBLIC WORKS Bond No. G_ .__._ Z 8S C 63230151 AWA FI REi• AN'7 riNEV S FUND INSUNANCC COMPANY TNf.AMEN:CA:." 5"AN:r COMPANY FUND NATIONAL SURETY CORPORATION \ ASSOCIATED;NOI:MNITY CORPORATION AINIERIC;Ah AMENICA N AUTOMOBILE INSURANCE COMPANY I N S l'H A N C F C()S1 i A N I F.S NOME Of/ICE SA!I;NA`.CISCO.CALIFORNIA KI\TOW ALL MEN BY THESE PRESENTS: That we, HUNSAKER CONSTRUCTION CO. as Principal, andTHE AMERICAN INSURANCE COMPANY incorporated under the laws of the State of CALIFORNIA and authorized to execute bonds and undertakiagn as sole surety, as Surety, are held and firmly bound unto any and all persons named in California Civi? Code Section 3181 whose claim has not been raid by the contractor, company or corporation, in the aggregate total of EIGHTY ONE THOUSAND ONE HUNDRED FORTY SIX AND NO1100---- Dollars, (5 81, 146 .00 ). for LlW p.aycnur:t wh-areof, v:ell and truly to be made, c;n:d Prncipal and Surety bind themselves, their heirs, administrators, successors and assigns, ioi:,tl} and severally, firmly by these presents. The Condition of the foregoing obligation is such that; whereas the above bourder. Principal has entered into a contract, dated DECEMBER 16 , 19 77 , with the COUNTY OF CONTRA COSTA to do the following work, to-wit. ALL OF THE WORK DESCRIBED IN THE RESOLUTION OF INTENTION, THE PLANS AND SPECIFICATIONS AND THE PROCEEDINGS FOR THE WORK AND IMPROVEMENTS 7 yD0 T ` SSMENT DISTRICT 1975-4, SAN RAMON STORM DRAIN, CONTRA COSTA a ' `T e7e�fcre; "t�E yKn�ien Prircipai, contractor, person, cornjxiny or corporation, or his or its sub-contractor, fails to pay any claimant named in Section 3181 of the Ci:,hl Cede of the State of Calhforn:a, or amuunls due under the Unemployment Insurance Code, with respect to work or labor performed :.y any :;u-h CICIET:ant, that, ti Surety cn this bund will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, w;nch shall be awarded by the court to the prevailing party in said sum, said attorney's fee to be taxed as costs in said suit. State of- CALIFORNIIA County of FRESNO ss: On DECEMBER 16, 1977 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared JOHN C. DAY known to me to be Attorney-in-Fact of THE AMERICAN INSURANCE COMPANY ' the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, 7ve� pfficial seal, the day and year stated in this certificate above. SNA?QN PIERCE :1 WOTARY :J3LiC, CALIF^RNIA My Commission Expires-1 , . Jtv i FR=�ti'o COUNTY Notary Public My comm�4sran Expires Pecemb:r b, 1G80 360212-6.66 Microfilmed with board order PAYMENT,BOND—PUBLIC WORKS Bond No. C--__-___18SC 6323051 AdWFIREMAN'S FIREMAN 5 FUND INSURANCE COMPANY TfIC AMERICAN INSURANCE COMPANY �� FUND FiAT10NA�SURETY CORPORATION �1 A'SOCIATED IN'JEMNIiY CORPONATION AMERICANAMfRICAy !AUTOMOBILINSURANCE COMPANY I N S G R A N C E C u St VA N I f.S FIOME OFF:CL SAN f 11ANCISCO•CALIFORNIA KNOW ALL MEN BY THESE PRESENTS: That we, HUNS AKER CONSTRUCTION CO. as Principal, andTHE AMERICAN INSURANCE COMPANY , incorporated under the laws of the State of CALIFORNIA and authorized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto any and all persons named in California Civ;! Code Section 3181 whose claim has not been paid by the contractor, company or corporation, in the aggregate total of EIGHTY ONE THOUSAND ONE HUNDRED FORTY SIX AND NO1100---- Dollars, ($ 81, 146.00 ). for the pay.aect whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors cnd assigns, iointl} and severally, firmly by these presents- The Condition of the foregoing obligation is such that; whereas the above bounden Principal has entered into a contract, dated DECEMBER 16 • 19 77 , with the COUNTY OF CONTRA COSTA to do the following work, to-wit: ALL OF THE WORK DESCRIBED IN THE RESOLUTION OF INTENTION, THE PLANS AND SPECIFICATIONS AND THE PROCEEDINGS FOR THE WORK AND IMPROVEMENTS ,DO11 � � SSMENT DISTRICT 1975-4, SAN RAMON STORM DRAIN, CONTRA COSTA o e eAore, h t riden Principal, contractor, person, company or corporation, or his or its sub-contractor, fails to pay any claimant named in Section 3181 of the Civ!1 Code of the State of Calitor::ia, or amounts due under the Unemployment Insurance Code, with respect to work or labor performed i:y any such claimant, that, the Surety cn this bond will pay the same. in an amount not exceeding the aggregate sum specified ir. this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorneys fee to be taxed as costs in said suit zis bond shall inure to the benefit of any person named in Section. 3181 of the Civil Code of the State of California so as to give a ght of action to them or their assignees in any suit brought upon this bond. tis bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in vil Code,Sections 3247-3252 inclu-;ve,and all amendments thereto. fined and Sealed this 16TH day of DECEMBER . 19 77 . HUNSAA<ER CONSTRUCT TN BY:� Principal THE AME__ ICAN INSURANCE COMPANY � Su ty 2 OH C. DAY Attorney-in-Fact 7099-1-71 Microfilmed with board order GENERAL POWER_OF THE AMERICAN INSURANCE G0MPAN1' ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corp ration duly organized and existing under the laws of the Slate of New Jersey, and having its Home Office in the City and County of San Francisco, California, has made, constittited and appointed, and does by these presents make. constl!ute and appoint -----JOHN C. DAY----- it:: true and lawful Attorneys)-in-Fact. with full p.wer and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizanees or other written obliga- tions in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary hereby ratifying and confirming all that the said Attorney(s)-in- Fact may do in the premises. This power of attorney is granted pursuant to Article VIII, Section 30 and 31 of Ry-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. 'Article VI11. Appnir,ti—ot and .tu1h. ;tt? of Hcaidrnt .I ts,.dant .Srrrrinn,•a, nud Ail-, u-io-Farr and a,rruta it, accept Leual Proles. and Slake .1 t,p,'ar•artrc.. Section 30. Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of Directors. the Chairman of the Board of Directors, the President or any Vice-President,may,from time to time,appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of tiie Corporation. `••,hon 31. .Lithwita. Ti- Authority of sawn Resident Aasstant Secretaries. Attorneys-in-Fact. and Aqents shall be as prescribed in the instrument cidcn•ing their ap'a:ntment. and any such appointment and all authority granted thereby may he revoked at any time by the Board of Directors or 1,} on) pemon cmtnwuted to make such appaintment• This power of attorney is signed and scaled under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 281h day of September, 1966, and that said Resolution has not been amended or repealed: -RESOLVED. that the signature of any Vice-President. Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocaiton of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to he signed by its Vice-President, and its corporate seal to be hereunto affixed this 21 St day of January I I9_Z7 .`; 4 THE AMERICAN INSURANCE COMPANY 'Na'ka0 By Vice-President STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO I On this- 2I-St day of January___ , 19--U-, before me personally came William W. Lauber to me known, who, being by me duly sworn, did depose and say: that he is Vice President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal, the day and year herein first above written. P1111:111111131 Ila its.nIns7;a rrr 17:rG-: tri r fC t ,L S, K. r 7T .r +`� NIOU Y ��hit: Notary Public C -!- CITY l r_•r ., .:•., , C my Cc r c :uo. :r.s t '0 CERTIFICATE �wwlluutntuutsa:a:.7ct7uar:::.r.::• ...,..7.;j STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO I u 1, the undersigned, Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY rema:n.. :r. full fcrce and ha not been revoked; and furthermore that Article VIII, So.:Iions 30 and 31 of the By-laws of the Corporation, and tht- Resolution of the Beard of Directors, set forth in the Power of Att.,rney are now in force. Signed and sealed at the City and County of San Francisco. Dated thjKT_H day of T)7:CF:M1; R Ig-7Z aistantSecretary f 360546(HO) —TA— 11-76 ' The Hanover Insurance Companies EXECUTIVE OFFICE:WORCESTER,MASS. OIG05 CERTIFICATE OF INSURANCE Im. is to certify that the Company dt signatecl below has issurd such of the following policies as are indicated by entry of a policy num- below, effeclire A. +f the dates and for the periods spot if-wd and umhlect it; all Imwv1s,ans srul limitations of such policies, whether shown by endorsement or otherwise: LltdITSOF _LIABILITY TYPE OF INSURANCE POLICY NUMBER POLICY PERIOD Roottr INJURY PROPERTY DAMAGE :WORKMEN'S COMPENSATION 7 7WR 12 4 3 9 8 7.7 17-7.7d"16 STATUTORY NO COVERAGE -md EMPLOYERS' LIABILITY 77L•7R124398 7-1-77;"7fi NO t:OVERAG[ COMPREHENSIVE — - - r'T7-1-77/7/ 8OO/ OOO•OCCURRENCE E_SI �'_ OCCURRENCE GENERAL LIABILITY Avg, 833392 r _ _-.. p+� _ S Cot-101Z TI; AGGREGATE L11 i11 AGGRLG ATIt r1ANlIFACTURERS'.4ND $ SINGLEoccuRRENe[ CONI RACTORS'LIABILITY AGL 833342 7-1-77/763 '�I)0 , (lOf�.1JLCUHRRENc[ $ LIMIT Acca[cAr[ :'A'NERS'AND CONTRACTOR _ $ _SIidGL,E___ occv"RR[Nct PROTECTIVE LIABILITY AGL 833342 7-1-?7!78 S 50(I,000•occu"RRrNcc $ LIMIT-- OWNERS' OWNERS'LANDLORDS AND gINGL,E TENANTS'LIABILITY AGL 833342 7-1-77/78 StiO,000 EACH — – s• EACH OCCURRENCE $ ,I.IIT OCCURRENCE COMPLEI ED OPERATIONS AND $ �i()U, 0 0 0 •occuRR►ncE $ SINGLE EACH PRODUCTS LIABILITY AGI, 83334-1 7-1-7 7/7 8 - - _.-._.4CCURNENCL '.+. (�(.4L L•Il'� AGGREGATE $ LIMIT AGGREGATE COMPREHENSIVE $ :;00 , OOO.EeERioN AUTOMOBILE LIABILITY AGL 3333•I2 7-i-77/78 $-500, 000 .FA OCCURRENCE $ 250, 000 •GCCURRENCL OWNED AUTOS • o $_500 r 000 rief-.. AGL 83339_ 7-1--,, ], 7., $ 500 000 OCCURRENCE $ 250,000.12-r-HCURRENCE HIRED AGI, 833342 7-1-7 1/7f1 5C•, r OOO -0ceURRENc[ $ 250, OOO .GCCURREMCI g n OTHER NON-OWNED ;�0 0 EARN AUTOS AGL 833342 7-1-77;"7 [�C„ON_—_.-- _ J y 57(I f!0()occuRRENCE - $ 250 000 LeArron,ance w I 1 N I t nescriptia”. of Automobiles, Premises, Location or Hats.re of OFe,ations: „ALL C?1LIF()F,:.'1A OPETtATIONS° ALL OF THE WORK DESCRIBED IN THE RESOLUTION OF INTENTION, THE PLANS AND SPECIFICATIONS AND THE PROCEEDINGS FOR THE WORK AND IMPROVEMENTS TO BE DONE IN ASSESSMENT DISTRICT 1975-4 SAN RAMON STORM DRAIN, CONTRA COSTA COUNTY„CALIFORNIA Nothing remain contained shall Lw hold to vary, alto.. :vaivr or rxt•snd itiv of the ti:srns, condition, agreements or limitatiorls of the Policy's atl'er than as stated,Hercif►. Th:* certir,cete inaed to; me R '---�s r COUNTY OF CONTRA COSTA �' YAMY"ANnsT&SAKER AND ITl'tiS"cY'.l;Tt CONSTRUCTION COMPANY CONTRA COSTA, CALIFORNIA } p• O, i;+..:;; "'G 5 93612 If the above described policies are canceled prior to tic date of rat,;ratc•-.r. ,t the request of the Company, the Company will give f iKii days advance notice by roil to the party to whern this Cettihcate is ►s!urd. If the above described policies are materially chanized .o as to restrict or rrrlt ce the amounts of insurance as stated above or to change the name of the Insured, tf:e Company wiff notify 'jv mail the party to whom this Certi6c tr is issued. It :I THE HANOVER INSURANCEY:OMFa!:•/ _' r/;. , r f^7 a •°f �E OM NY *L. CALIF't:tttVA : :'i',. ; ;SAT:OPi as WE i WAI;;,NY Date 12-.16-7..7........... By:. �. .-..`........... .......... .... . uthorized Representative I '= 1:1:ICE CENTER OF FRT'SNO, ��'��yy�T((�� n7 .+::1 1�;•]8 loco i'73m '�'' „L`(♦•'�lI■ IT IS AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY IS EXTENDED TO COVER THE COUNTY OF CONTRA COSTA AND ITS EMPLOYEES, AGENTS AND OFFICERS AS ADDITIONAL INSUREDS SOLELY AS RESPECTS THE FOLLOWING JOB. ALL OF THE WORK DESCRIBED IN THE RESOLUTION OF INTENTION, THE PLANS AND SPECIFICATIONS AND THE PROCEEDINGS FOR THE WORK AND IMPROVEMENTS TO BE DONE IN ASSESSMENT DISTRICT 1975-4, SAN RAMON STORM DRAIN, CONTRA COSTA COUNTY, CALIFORNIA. Nothing herein t0(10ined stall be held to vary. alter, wa+vo or i>xtend any nt thi.. terms, conditions, agree• AM� rnents or Ilrnttations of the Policy other than as abc-vt state;.. tcom�;ctn of tt:c fnllawns• ml—i.piq ;r.u•ticrs�gncfurc, rl rtQ. "'! to rt—, 11.; rnt:n•unte:•t cleSf:rc <rty ..nen it i3 rifuri !..t:%cgv Onf to peel ar&than of the Poi.ey I ttedive 12-16-77 this endorscrn.tW t.,rnis -i na-i i r.l: y No. AGL 833342 Issued to HUNSAKER Q0N.$TRMCTLON CO.. _ .. _ __,. ----.-.-- e Isy —.----, THE _HANOVER INSURAtiGE_.-COMPANY _-- _._-- -. __-- swanc:e Company 12-16-77 t Issut . r rr,: t•{,,..t.nirtr.r ( r .:ern parry INSURANCE CENTER OF FRESNO, INC. _ aT Ni Of _ American_Uni�*ersal_Insurance Company _ __ (Lewin eo:!ed the ee.pan r) CERTIFICATE OF INSURANCE The company hereby states that It has issued to the in- sured named herein a policy or policies of insurance providing the types of insurance and limits of liability NAMED INSURED AND ADDRESS set forth herein. This Certificate of insurance neither F_ — affirmatively nor negatively amends, extunds or alters the coverage afforded by the policies scheduled here- in.It is furnished as o matter of information only,confers Hunsaker Construction Company no rights upon the holder and is issued with the Under- P. O. Boli 265 standing that the rights and liabilities of the parties will Clovis, California 93612 be governed by the original policy or policies as they may be lawfully amended by endorsement from time L _j to time. TYPE OF INSURANCE POLICY EFFECTIVE EAPIRA7ION LIMITS OF LIABILITY _ iindicaT.by•X1 In baa) NUMBER DATE DATE BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY prh each :.a.preh.tnL.A.tomobife Liability S pPnon L ouurronc. Poch t occurrence �'rmpreh.nsivn General Liability m—foct.nri and each each Comtoctr•s'Liablity S oectnrence f occurrence J•.nen',londlwdi and Teeamn"Liability 1 i o.Tronuai Liability f aggrPgWe S aBRregots S1 , 000, 000 1 , 000, 000 acch ccYrralKe :IAD roeM 1 , 000, 000 CESS llAall'TY B oggnqate•produclrcompletPd operations CUL418 1 f3-1-7? 7-1-78 nubiect to sell-insured retained limit oral underlying insurance described the policy. Co.erago offurded in accordance with the Wo.kmens Compensation low of the States .p.ciilad in whdi.hion fol below and the OccvpoKonal DiTrne low,If any,of such States, ;.RK kEN'S un:eu oth.rwil.Voted in:ubdi.hion(bI below. :.uPi:NSAtiON I ta) (b) PLOYERS UA&LITY COvfpAGE B—EMPLOYEES SUa)ECT TO COMPENSATION LAW eu oth—he poled. Ins policyeffS __ ee, c"aas and sepi n tonfaf wore, COVERAGE 6—EMPLOYEES NOT SUBJECT TO COMPENSATION LAW the same as those shown for work- s camp.nsarion ie.urancet INJURY BY ACCIDENT INJURY BY DISEASE each each I f •.plays. S emptayee S each a9Rre9ate student S Iaach.1014 l MEDICAL S each employee EMARKS "All Covered California Operations" IT IS ACKNOWLEDGED THAT THE VERIFICATION HOLDER IS AN ADDITIONAL ASSURED TO THIS POLICY TO THE SAME DEGREE, BUT FOR NO GREATER COVERAGE''-THAN HAS BEEN GRANTED IN THE UNDERLYING INSURANCES. RE: WORK AND IMPROVEMENTS IN ASSESSMENT DISTRICT 1975-4, SAN RAMON. STORM DRAIN, _ CONTRA COSTA COUNTY, CALIFORNIA_ _ his certificc:e is issued of the request of the person or organization named below and the company will mail to such person or organization, it the oddress shown, notice of cancellation and, ^lwre possible, notice of any material change in any of the described policies. ? (Thirty (30) days written notice. ) COUNTY OF CONTRA COSTA CONTRA COSTA, CALIFORNIA Dat i 1 16-77 gy L J 1��_ , 46 Z. Authorised Repass of . INSU%ANCE CENTER OF FR SNO, INC. W14 CIA .TAB. IBIRS 1 r4y 0 1 to PRINTEO IN U.S.A. IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval of ) RESOLUTION NO. 77/3.004 Subdivision Agreement for ) Subdivision MS 44-74, Alamo Area. ) -The following document was presented for Board approval this date: A subdivision agreement with Dennis F. Buran, 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 document was accompanied by the following: Security to guarantee the completion of road and street improvements as required by Title 9 of the County Orindance Code, as follows: a. Surety Bond (No. 9186578) issued by Fidelity and Deposit Company of Maryland with Dennis F. Buran as principal , in the amount of $3,300 for Faithful Performance and $3,800 for Labor and Materials; , b. Cash deposit (Auditor's Deposit Permit Detail No. 1355, dated August 19, 1977), in the amount of $500, deposited by: Dennis F. Buran NOW THEREFORE BE IT RESOLVED that said subdivision agreement is APPROVED. PASSED BY THE BOARD on December 6, 1977. Originating Department: Public Works Land Development Division cc: Public Works Director - LD Director of Planning Dennis F. Buran 44 Holiday Drive Alamo, CA 94507 RESOLUTION NO. 77/1004 00-110 01 SUBDIVISION AGREEMENT (§1) Subdivision: „s 44-74 (§1) Subdivider: fiEaois r- Aos2Ati3 (Government Code. §§66462 and §§66463) (§1) Effecti.ve .Date: (§1) Completion Period: j yCieok 1. PARTIES & DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above named Subdivider, mutually promise -and agree as follows, concerningt is subdivision: 2. IMPROVEMENTS. Subdivider shall construct, install and complete road-add street improveme_ ts, tract drainage, street-signi—��e h;draitts, and-e-1-1 improvements as required by the County Ordinance Code, especially Title 9, and including future amendments, and all improvements required in the improvement plans of this subdivision as reviewed and on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work") within the above completion period from date hereof as required by the California Sub- division Map Act (Government Code §x66410 and following), in a good workmanlike manner, in accordance with accepted constriction practices and in a :Wanner 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. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily i - he e; and he shall so guarantee it for one year after its completion a*& . a6septance against any defective workmanship or materials or any unsatisfactory performanbe. 4. IMPROVEMENT SECURITY: Upon executing this agreement, Subdivider shall, pursuant to Government Code §§ 66499, deposit as security with the County: A. For Performance and Guarantee: $ _,5-vy cash, plus additional security, in the amount of $33c)o which together total the estimated cost of the work. Such additional security is presented in the form of: ❑ Cash, certified check, or cashier's check Acceptable corporate surety bond ❑ Acceptable irrevocable letter of credit With this security the Subdivider guarantees his performance of this agreement and of the work for one year after completion and acrlezwmafia against any defective workman- ship or materials or any unsatisfactory performance. Upon completion of the work, Subdivider may request reduction of the amount of this bond in accordance with County Ordinance. B. For Payment: Security in the amount of $ 36 o o which is the estimated cost of the work. Such security is presented in the form of: ❑ Cash, certified check, or cashier's check FKjAcceptabl.e corporate surety bond (:] Acceptable irrevocable letter of credit With this security the Subdivider guarantees payment to the contractor, to his subcon- tractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. -1- ��) 1 �1 Microfilmed v,Iitit board order 1 M 5. WARRANTY. Subdivider warrants that said improvement plans are adequate to `y accomplish this work as promised in Section 2;. and if, at.any time before the County's. resolution of completion for the subdivision, said improvement plans prove to be inadequate in any respect, Subdivider shall make changes necessary to accomplish the work as promised. 6. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials, or pay- ments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; 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. INDENWITY. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities-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, 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 combi- nation of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accogt the work as completed, and including the defense of any suit(s) , action(s) or other pro- ceeding(s) concerning these. C. The actions causing liability are any act or omission (negligent or non- negligent) in connection with the matters covered by this Agreement and attributableto the Subdivider, contractor, subcontractor or any officer, agent or employee of one or more of them. ' D. :Von-conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or reviewed any plans) 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 from any negligent or willful misconduct of any Indemnitee. 8. ' COSTS. Subdivider shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. . 9. SURVEYS.: Subdivider shall set and establish survey monuments in accordance with the filed map and to'the satisfaction of the County Road Commiissioner-Surveyor. 10. NONPERFORMANCE AND COSTS. If Subdivider fails to complete the work within the time specified in this Agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges therefor immediately upon demand. If County sues to compel performance of this Agreement or recover the' cost 'of completing the work, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 11. ASSIGIZ=. If, before County accepts the work, 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 or bond securing them. -2- 00IJ.2 STATE OF CALIFORNIA as. OFFICIAL SEAL; .._ .. county o/ Contra Costa „�. SYLVIA A. LAKEMAN . On 8/19/77 _19 .before„�e, the under_*i d. ' NOTARY PUELIC-CALIFORNIA CC'•:TrA COSTA COUNTY a tart'P,ttbIic in a for said State aoKaily a ared. __.�... . My Comm exri as JU;1 29, 1979 ennis f�'. uran a* da Buran ._ _.,_._,.known-to me to be the person-.-whose names.`L'.. ___..aubscribed to the within instrument and acknowledged toile'thatt .hey ezecu -the same My commission expires_._6/6/29/79 M-- .—�.L L•-�. �1�ia Lakema�i� J/ Notary Public 00113 1' 12. RECORD MAP. In consideration hereof, County shall allow Subdivider co file and record the Final P!ap or Parcel Map for said Subdivision. CONTRA COSTA COUNTY SUBDIVIDER: (see note below) Vernon L. Cline, Public Works Director By, � Deputy (Designate official capacity in the buisiness RECOMMENDED FOR APP VAL: Note to Subdivider; (1) Execute acknowledo- / went form below; and if a corporation, affix corporate seal. By , AssistaA t Public Wor& Director (CORPORATE SEAL) FORM APPROVED: JOAN B. CLAUSEN, County Counsel State of California ) (Acknowledgment by Corporation, Partnership, County of )ss. or Individual) On the person(s) whose name(s) is/are signed above for Subdivider and who is/are knwon 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) Notary Public for said County and State (Subdiv. Agrmt. CCC Std. Form) L7-9 (Rev 1/77) t LED DEC 12, 1Z77 J. R. CISSaN CI-SPK HARD 4` SUPERVISORS B lam_ ' Depu 00114 _,;vThe premium charged i ) this bond is $68.00 for the term thereof. 918650,8 S. CURITY 'OND FOR SUBDIvISIOPJ AGREE;>EiJT (Performance , Guarantee , and Payment ) (Calif. Government Code §§66499-66499 .10 ) 1. OBLIGATION. DENNIS F. BURAN & LINDA J. BURAN as Principal, and rtdettLy and ueposl:tComplay of liaryiLand a --orporation_ organized and existing under the laws of the State of IXAgytb,." and authorized to transact surety business in California, as Surety, herebyjointly and severally bind ourselves , our heirs, executors, administrators , successors, and assigns to the County of Contra Costa, California, to pay it : tA. Performance & Guarantee ) Three Thousand Three -Hundred and No/100-----------------------Dollars $ 4bgn o 33oo for itself or any city-assignee under the below-county subdivision agreement, plus (g. Payment) Three Thousand Eight Hundred and N01100------ ------------------------------- Dollars _ goo to secure t o claims to which reference is made in Title 15 Lcommencing with Section 3032) of Part 4 of Division 3 of the Civil Code of the State of Califor- nia. 2 . RECITAL 0^ SUBDIVISIOiJ AGREEMENT. The Princical has executed an agreement ,with the Counzy to install and pay , drainage , and other improvements in roc:.-ems- r h S4g-?4 , 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 and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel "dap for said Subdivision. 3. CONDITION. 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 things 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 :wade as 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 to t:eir 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 mull a.nd void; otherwise it shall be and remain in full force and effect. As a cart of the obligation secured hereby and in addition to the mace atP.oun*- soecif'ied tre=e-or , there shall be inc", uded costs and reason— able expenses and fees , including reasonable attorney 's fees , incurred b1: CountJ (or City assignee) i_, successfully enforcing such obligation, all to be taxed as costs and Included in any Judg+aent rendered. B. "_'he condition of this obligation as to Section 1. (B) atove is such that said arirci^al a.-d the undersIgned as corporate surety are held `'irmij, bound unto tlne Cou ty of C:ontra Costa and all contractors , subcontractors , laborers, mazerialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Mode for ^materials furnished C^ laboMITT; n of any ''Rind, cr £cr Microfilmed ::i';i board order 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 exceedi^g 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 attorney ' s fees, incurred by County (or city assignee ) in successfully enforcing such obligation, to be awarded and fixed by the court , and to be taxed as costs and to be included in the judgment therein ren- dered. It is hereby expressly stipulated and agreed that this band shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) 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 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 hereby given to make such alterations without- further notice to or consent by Surety; and the Surety hereby Naives 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 August 18, 1977 PRINCIPAL SURETY � L F D —. . D is ,, ran By 4. rs z >t lei § .e yjrgn t ` 0 State of California ) ! County of San Francisco )ss. (ACKNOWLEDGMENT BY SURETY), On August 18, 1977 the persons) whose name(s) is/are signed above for Surety and who is/are known to me to be Attorney(s )-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to rye that ^e signed the name of the Corvoraticn as Surety and n;s/ their own name(s) as ttorney(s)-in-F act. �� OFFICIAL SEAL r � LgE rSgGUA 2,'` ru LC!-CALIFORNIA ~z COUNTY OF SAN FRANCISCO t My commission Expires May 31, 1480 1San Francisco, Call ornia %ofar�: PuO1 c for County and _tate (Rev. 2/76 ) LD-iS .:..3H:b -2- . rr 01 i t IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval of Subdivision ) RESOLUTION NO.77/1005 Agreement of Minor Subdivision 226-76, ) Danville Area. . ) ) The following document was presented for Board approval this date: A subdivision agreement with Stewart Enterprises, Inc. , 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 document was 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. SC 630 57 46) issued by Fireman's Fund Insurance Company with Stewart Enterprises, Inc. as principal , in the amount of $26,400 for Faithful Performance and $26,900 for Labor and Materials; b. Cash deposit (Auditor's Deposit Permit Detail No. 01402, dated August 22, 1977), in the amount of $500.00, deposited by: Stewart Enterprises, Inc. NOW THEREFORE BE IT RESOLVED that said subdivision agreement is APPROVED. PASSED BY THE BOARD on December 6, 1977. Originating Department: Public Works Land Development Division cc: Public Works Director - LD Director of Planning Stewart Enterprises, Inc No. 4 Buena Vista Avenue Danville, CA 94526 RESOLUTION NO. 77/1005 ��� M J 7 SUBDIVISION AGREEA(ENT (§1) Subdivision: MS ��G-7( ' (§1) Subdivider: Stewart Enterprises, Inc (Government Code §§66462 and 9§66463) (§1) Effective Date: December6, 1977 . (91) Completion Period: One Year I. PARTIES & DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above named Subdivider, mutually promise and agree as follows, concerning this subdivision: 2. IMPROVEMENTS. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as require.d by the County Ordinance Code, especially Title 9, and including future amendments, and all improvements required in the improvement plans of this subdivision as reviewed and on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work") within the above completion period from date hereof as required by the California Sub- division Map Act (Government Code §§66410 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 rulings made thereunder; and inhere there is a conflict between the improvement plans and the County Ordinance Code, the stricter requirements shall govern. 3. GUARANTEE. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accordance with Article 94-4.4 of the County Ordinance Code; and he shall so guarantee it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performanbe. 4. I:iPROVEMENT SECURITY: Upon executing this agreement, Subdivider shall, pursuant to Government Code §§ 66499, deposit as security with the County: A. For Performance and Guarantee: $500.00 cash, plus additional security, in the amount o£ $ 26.4+00.()owhich together total the estimated cost of the work. Such additional security is presented in the form of: ❑ Cash, certified check, or cashier's check Acceptable corporate surety bond ❑ Acceptable irrevocable letter of credit With this security the Subdivider guarantees his performance of this agreement and of the work for one year after completion and acceptance thereof against any defective workman- ship or materials or any unsatisfactory performance. Upon completion of the work, Subdivider may request reduction of the amount of this bond in accordance with County Ordinance. B. For Payment: Security in the amount of $ Oa.00 which is 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 ❑ Acceptable irrevocable letter of credit RiitIi this security the Subdivider payment to the contractor, to his subcon- tractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. Mliuofilmed with board order S. WARRANTY. Subdivider warrants that said improvement plans are adequate to accomplish this work as promised in Section 2; and if, at any time before the County's resolution of completion -for the subdivision, said improvement plans -prove to be inadequate in any respect, Subdivider shall make changes necessary to accomplish the work as promised. 6. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval _of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials, or pay- ments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; 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. INDEKNITY. Subdivider shall hold harmless and indemnify the indemnitees from the liabi items defined in this section: A. The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive 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 combi- nation of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as completed, and including the defense of any suit(s) , action(s) or other pro- ceeding(s) concerning these. 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 employee of one or more of them. D. Non-conditions: The promise and agreement in this section is 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 subdivision, 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 Indemnitee. 8. ' COSTS. Subdivider shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 9. SURVEYS.. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. '10. NONPERFORMANCE AND COSTS. If Subdivider fails to complete the work within the time specified in this Agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges therefor immediately upon demand. If County sues to compel performance of this Agreement or recover the cost of completing the work, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 11. ASSIG1ZIENT. If, before County accepts the work, 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 or bond securing them. -2- 00119 12. RECORD '1-1AP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel *Sap for said Subdivision. CONTRA COSTA COUNTY SUBDIVIDER: (see note below) Vernon L. Cline, Public Works Director By Deputy ,Z(D�signate official capacity in the buisiness- RECOiEfENDED FOR APPROVAL: Note to Subdivider; (1) Execupe,:acknow.ledg- went form below; and if,,e'��CptR r*61gn, affix corporate seal. By �' r Assista t Public Work Director I (CORPORATE SEAL) FORM APPROVED: JOHN B. CLAUSEN - k,County Counsel '�,, !,t. c ,�••. :C � :C '3<t :: � 7t k * 7ti ,'t � .fit *' :•t 7C 7� iC � 7iC 7IC 7�. � * � * �. �. :E 7t * �. * �. * 51' * .'rt �. * ,'t * « * ;. State of California ) (Acknowledgment by Corporation, Partnership, County of Contra Costa )ss. or Individual) On August 18, 1977 the person(s) whose name(s) is/are signed above for Subdivider and who is/are knwon 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 —lie executed it and that the corporation or partnership named above executed it. „Illttll[t,/1it11/1,Hllt,ttl/tlltttl,Itl,{ttltl,t![1,IC A acl�chL OFFICIAL SEAL (NOTARIA& DIANE L. MADRIGAL t• ;�;' NOTARY PUBLIC.CALIFORNIA -v`�r••�' COUNTY OF CONTRA COSTA C ^iJ! Yt Commission Expires October 24.1980 Diane L. Madrigal ■ltttllllttlltttlilliftltt,![ttllttlL[L[tlttllttttltittttr Notary Public for said County and State (Subdiv. Agrmt. CCC Std. Form) LD-9 (Rev 1/77) F I L E D D 1-77 J. P. OL`=.%l CLERK BOAPO O: SUPE2VIS025 B V7RA CQ51 CO«Deputy ��)�20 t • 1 I.•P 0�-�,,1C!.;T SECURITY 3O111D FOR SLLLIVISION AGPEE1`MENT BOND NO. sc 630 57 46 (Performance, Guarantee, and Payment ) (Calif. Government Code §§66499-66499 .10) 1 OBLIGATION. ST&IART ENTERPRISES, INC. as Principal, and FIREMAN'S FUND INSURANCE COMPANY , a ,corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in California, as Surat;;, hereby ,jointly and severally bind ourselves , our heirs, executors, ad:rinistrators, successors, and assigns to the County of Contra Costa, California, to pay it : (A. Performance & Guarantee) TWENTY-SIX THOUSAND FOUR HUNDRED AND NO'100 - - - - - - - - - - - - - - - Dollars $ 26,400.00 for itself or a.*ly cit;;-assignee under the below-county subdivision agreement, plus (B. Payment) TWENTY-SIX THOUSAND NINE HUNDRED AND NO/100 - - - - - - - - - - - - - - - - - - - - - - - - - -Dollars to secure the claims to which reference is made in Title 15 commencing with Sec,icr. 3082) of Part 4 of Division 3 of the Civil Code of the State of Califor- nia. 2 . RECITAL OF SUBDIVISIO?d AGREEMENT. The Principal has executed an agreement with the County to install and py, fpr street, drainage, and other improvements in Subdivision ?;umber 2 .6-76 , 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 and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Mao or Parcel Map for said Subdivision. 3. C�NDIT1�,;N vv .: A. The condition of this obligation as to- Section 1. (Ai above is such that if the above bounded principal, his or its heirs , executors , administrators , successors or assigns , shall in all things stand to and abide by., and well and truly keep and perform the covenants , condi-ions and provisions in the said agreement and any alteration thereof ;Warn as 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 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 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 , ;nc'_uding, reasonable attorney 's fees , incurred by County for city assignee) in successfully enforcing such obligation, al! tc be taxed as costs and included in any Judgment rendered. B. The conuition of t—is oblli;ation as ito Section 1 . (B) above is su .. aha,, said Principal a..d t' e undersigned as coj ,,oratle surety are held f_rmly bound unto the Court;y of Contra Costa and all ce^tractors . subcontractors , lai•orers , :,lr terialmen and other persons employed in the nerr^vrm-ance of the afo.resald acreeme_.t and referred to in t::e aLoresa'_ '_ Civil Code for *Materials furr_isred c^ labor therecr: of anyk._nd or "or ' �de l _ Nlicrotilmed with lward of - I STATE OF CALIFORNIA COUNTY OF SS. Contra Costa - On1................. 19.. before me, the undersigned, a Notary Public in and for said County . and State, personally appeared - - .• _»__.___.__B��Wa�t._�.___S�ellm-ocher...._.._..»._. .. known to me to be the .............................. ......».» President, N9 • ` kWX . .................. i the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the some, and acknowledged to me that such _ corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. ' ' WITNESS my hand and official seal. ilmnsnsssmsnstpsnusssapslturstmtr•ppMlttyp� 1' OFFICIAL SEAL DIANE L. MADRIGAL NOTARYPUBLIC COUNTY C Y OF CarRRA COSTA Nr commizzloo 11PIM October 24.Im !•p�MiWtiQIiMNNMI/Ltiff/gtfttltYstatiN�/yM/y/r . .. ........... Notary Public in and for said County and tate _Diane L. Madrigal (Notary's name shall be typed or legibly printed -Gov't.Code 82051 3 Ct7d0itATION i 00122 - NOTARIAL ACKNOWLEDGMENT ATTORNEY IN FACT STATE OF CALIFORNIA On this 12th_._~...-day of Ail-just --_-. 19-7-7-before County fSS of . . me, Veva td. Cramer , a Notary Public in and for -yCOir q sa;j_CONTRA COSTA County, State aforesaid, residing therein, duly commis- CQSTA -- Mar aret J. Duran sioned and sworn, personally appeared.._.._____...9.._..___.._._.....__..._..___ ]mown to me to be the person whose name is subscribed to the within instrument as the attorney in fact of FIREMAN'S FUND INSURANCE COMPANY and acknowledged to me that he subscribed the name of FIREMAN'S FUND INSURANCE QLeLrttllstrl:lctl:;::r:ts:t::s-�• COMPANY thereto, and his own as attorney in fact ;� ![[1:3t[[�tt7Llpttl[)s1 0.'�F7CIAL sE.0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, " r _ CONTRA C 4 EVr, 1"A. __County of _ _ � S�STA_� CRA3iEP, at my office in the said__.__— PU3'1C-CALL CRhly _ the day and year in this certificate first above written. •' \•��% :;a;;i.;�c:iL OFiti.0 lP,I C^:i+SK COSTA COUt978 2 My Co n^i3 icn ,:fres July 9 I978 t:ii8[L[1fI� Notary Public in and for the_ ITe??3..Lf--Cra-MeT-County of—.QQ.NIf3f_i.....CDSTA._. State of California. My commission expires_—. __.. 60042-3.75 �d)1 C 3 k 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 attorney's fees, incurred by County (or city assignee ) in successfully _ enforcing such obligation, to be awarded and fixed by the court , and to be taxed as costs and to be included in the judgment therein ren- dered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 0£ the Civil Code , so as to give a right of action to them 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 hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code 92819, and holds itself bound without regard to and independently of any action against Principal whenever. taken. SIGNED AND SEALED on AUGUST 12, 1977 PRINCIPAL SURETY `(0 i.ai'.11.1 STEWAR ENTERPRISES RC' FIREPKNIs FUND INSURANCE COkoAt7Y: `r,`•. By u 8Y: / I mar iE � 9E 1E' State of California ) County of )ss . (ACKNOWLEDGMENT BY SURF,TY}= •On the person(s) whose name(s) is/are signed above for Surety and who is/are known to me to be Attorneys)-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 nameTs) as its Attorney(s)-it-Fact. (NOTARIAL SEAL) Notary Public for County and State (Rev. 2/76-) LD-15 EBii:bw -2- 00124 ,r` 1 00 1 2 4 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the •tatter of Approval of ) RESOLUTION NO. 77/1006 the Agreement of Subdivision ) Agreement, Minor Subdivision 33-77, ) Alamo Area. ) The following document was presented for Board approval this date: A subdivision agreement with Dean W. Criddle, 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 document was 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: Cash deposit (Auditor's Deposit Permit Detail No. 04004, dated November 23, 1977), in the amount of $10,800 , deposited by: Neil and Liahone Christensen ($5,400 for Faithful Performance and $5,400 for Labor and Materials). NOW THEREFORE BE IT RESOLVED that said subdivision agreement is APPROVED. PASSED BY THE BOARD on December 6, 1977. Originating Department: Public Works Land Development Division cc: Public Works Director - LD Director of Planning Dean W. Criddle 714 Boyd Avenue Pleasant Hill , CA 94523 RESOLUTION NO. 7/1006 00125 -•r SUBDIVISION AGREEMENT (§1) Subdivision: MS 33-77 (§1) Subdivider: Dean W_Criddle (Government Code §966462 `Ilu I 6:kj ..yN14;,' and H66463) (§1) Effective Date: December 6,1977 (§I) Completion Period: One Year 1. PARTIES & DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "Count fl, and the above named Subdivider, mutually promise and agree as follows, concerning t7is subdivision: 2. IMPROVEMENTS. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Title 9, and including future amendments, and all improvements required in the improvement plans of this subdivision as reviewed and on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work") :within the above completion period from date hereof as required by the California Sub- division Map Act (Government Code §§66410 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 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. - Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accordance with Article 94-4.4 of the County Ordinance Code; and he shall so guarantee it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. IMPROVEMENT SECURITY: Upon executing this agreement, Subdivider shall, pursuant to Government Code §§ 66499, deposit as security with the County: A. For Performance and Guarantee: $500. cash, plus additional security, in the amount of $ 4g00_ which together total estimated cost of the work. Such additional security is presented in the form of: Cash, certified check, or cashier's check ,U� ❑ Acceptable corporate surety bond ❑ Acceptable irrevocable letter of Credit With this security the Subdivider guarantees his performance of this agreement and of the cork for one year after completion and acceptance thereof against any defective workman- ship or materials or any unsatisfactory performance. Upon completion of the work, Subdivider may request reduction of the amount of this bond in accordance with County Ordinance. B. For Payment: Security in the amount of S 5400. which is % WG the estimated cost of the work. Such security is presented in the form of: 3 Cash, certified check, or cashier's check ❑ Acceptable corporate surety bond ❑ Acceptable irrevocable letter of credit With this security the Subdivider guarantees payment to the contractor, to his subcon- tractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. Microfilme. order. I s S. WARR.-kNTY. Subdivider warrants that said improvement plans are adequate to accomplish this wor as promised in Section 2; and if, at any time before the County's resolution of completion for the subdivision, said improvement plans prove to be inadequate in any respect, Subdivider shall make changes necessary to accomplish the work as promised. 6. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials, or pay- ments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped frpm bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. INDEMNITY. Subdivider shall hold harmless and indemnify the indemnitees from the liabilitr'-es 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, 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 combi- nation of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as completed, and including the defense of any suit(s), actions) or other pro- ceeding(s) concerning these. 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 employee of one or more of them. D. Von-conditions: The promise and agreement in this section is 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 subdivision, 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 Indemnitee. S. ` COSTS. Subdivider shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 9. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. NONPERFOMANCE ANM COSTS. If Subdivider fails to complete the work within the time specified in this Agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges therefor immediately upon demand. If County sues to compel performance of this Agreement or recover the cost of completing the work, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 11. ASSIGNAiENT. If, before County accepts the work, 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 or bond securing them. -2- 0012"1 12. RECORD MAP. 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 ) �i Public Wor s Director B B yDeputy -.. By official capacity in the buisiness REMiIIZED FOR APPROVAL: Note to Subdivider; (1) Execute acknowledg- ment form below; and if a corporation, affix ��/ Ar� corporate seal. By " ILSDA9sistVks Director (CORPORATE SEAL) FORM APPROVED: JOHN B. CLAUSEN, DEC i%tI 1977 County Counsel J. R. OLIN CLERK BOARD ARDWRA 0; SUPERCOSTAVISORS 8 ..C.0 t?L•-f.�l. 1 DUtyep— State State of California6os'" ) (Acknowledgment by Corporation, Partnership, County of eOrl/�; )ss. or Individual) On 11-1,F- 77 , the person(s) whose name(s) is/are signed above for Subdivider and who is/are knwon 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. OFFICIAL SEAL � (NOTARIAL SEAL) « !O LYNN KOSANKE NOTARY PUBLIC-CALIFORNIA CONTRA COSTA COUNTY my Commission Expires July 11.1981 / Nottry Public,/for said County and State (Subdiv. Agrmt. CCC Std. Form) LD-9 (Rev 1/77) 00128 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval of ) RESOLUTION NO. 77/1007 the Final Map and Agreement for ) Subdivision 4948, Alamo Area. ) The following documents were presented for Board approval this date: The Final Map of Subdivision 4948, property located in the Alamo area, said map having been certified by the proper officials; A subdivision agreement with Centex Homes of California, Inc. , 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. 2539356) issued by Safeco Insurance Company of America with Centex Homes of California, Inc. as principal , in the amount of $157,500 for Faithful Performance and $158,000 for Labor and Materials; b. Cash deposit (Auditor's Deposit Permit Detail No. 01469, dated August 24, 1977), in the amount of $500, deposited by: Centex Homes of California, Inc. 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 . 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. PASSED BY THE BOARD on December 6, 1977. Originating Department: Public Works Land Development Division cc: Public Works Director - LO Director of Planning Centex Homes of California, Inc. 1153 Chess Dr. Foster City, CA 94404 Tax Collector RESOLUTION NO. 77/1007 0()-J of �T. SUBDIVISION AGREF-MENT (§1) Subdivision: Tract 4948 ' (§1) Subdivider: entex Homes o a omia (Government Code §§66462 Inc and §§66463) (§1) Effective Date: December 6_ 1977 (§1) Completion Period: One Year 1. PARTIES & DATE. Effective on the above date, the County of Contra Costa, California,, hereinafter called "County", and the above named Subdivider, mutually promise and agree as follows, concerning tom—subdivision: 2. IMPROVELMEINTS. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Title 9, and including future amend,Tents, and all improvements required in the improvement plans of this subdivision as reviewed and on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work") within the above completion period from date hereof as required by the California Sub- diVision Map Act (Government Code 066410 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 rulings made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter requirements shall govern. S. GUARANTEE. Subdivider guarantees that the work is and trill_ be free from detects and will perform satisfactorily in accordance with Article 94-4.4 of the County Ordinance Code; and he shall so guarantee it for -one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. PIPROVEIMENT SECURITY: Upon executing this agreement, Subdivider shall, pursuant to Government Code §§ 66499, .deposit as security with the County: A. For Performance and Guarantee: $ 500.00 S'^�ash, plus additional security, in the amount of $ 1 57,,5QOS►Virhich together total the estimated cost of the work. Such additional security is presented in the form of: Cash, certified check, or cashier's check ) Acceptable corporate surety bond [] acceptable irrevocable letter of credit With this security the Subdivider guarantees his performance of this agreement and of the work for one year after completion and acceptance thereof against any defective workman- ship or materials or any unsatisfactory performance. Upon completion of the work, 4.SuW ivider may request reduction of the amount of this bond in accordance with County Ordinance. B. For Payment: Security in the amount of $ 158,000 ch is the estimated cost of the work. Such security is presented in the* - of: ❑Cash, certified check, or cashier's check U Acceptable corporate surety bond ❑ Acceptable irrevocable letter of credit With this security the Subdivide r guarantees payment to the contractor, to his subcon- tractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 30 Microfilmed with board order W_ARMNITY. Subdivider warrants that said improvement plans are adequate to accomplish this work as promised in Section 2; and if, at any time before the County's resolution of completion for the subdivision, said improvement plans prove to be inadequate in any respect, Subdivider shall make changes necessary to accomplish the work as promised. 6. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of .the whole or any part of said work and/or materials, or pay- ments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; 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. INDEMNITY. Subdivider shall hold harmless and indemnify the indemnitees from the liabi itis'es 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, 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 combi- nation of these, and regardless of whether or not such liability, claim.'or damage was unforeseeable at any time before the County reviewed said improvement plans or- accepted the work as completed, and including the defense of any suit(s), action(s) or other-pro- ceeding(s) concerning these. 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 employee of one or more of them. D. von-conditio::s: The promise and agreement in this section is 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 subdivision, 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 Indemnitee. 8. ' COSTS. Subdivider shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 9. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. NO_WERFORMANCE AND COSTS. If Subdivider fails to complete the work within the' time specified in this Agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges therefor immediately upon demand. If County sues to compel performance of this Agreement or recover the cost of completing the work, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and, all other expenses of litigation incurred by County in connection therewith. 11. aSSIGM-1E_dT. If before County accepts the work, 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 or bond securing them. -2- Microfilmed with board order j TO 4AS C (Corporation) STATE OF CALIFORNIA COUNTY OF San Mateo } SS' On September 6, 1977 before me, the undersigned,a Notary Public in and for said State, perscnally appeared " John R. Hensley a nown to me to be the President,Y m * of the corporation that executed the within Instrument, s �known to me to be the persons who executed the within aInstrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within m instrument pursuant to its by-laws or a resolution of its board! Ilwaswenwas"M ' of directors. WITNESS my h d and of5cial al �.,,•: OT '%y PU' C .,:: O G1I�ioR\TA I {/�Jx/ \'ul f OFFICE 1, Signat �+t,.r1 EO COL;IVI-y 3My COmrfis"01" Expires Odobar 17, 1977 i:::xsupsrsmrnsa,ssmtu::s:,xrns � HELEN G. HEDGE Name (Typed or Printed) Microfilmed with board order Mis am t.rsocial natwist Sul) ow 32 t 12. RECORD DAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel :Kap for said Subdivision. CONTR..k COSTA COUNTY SUBDIVIDER: (see note below) Vernon L. Cline, Public Works Director CENTEX HOMES OF•CALIFORNIA,: INC Ile ��/ resident B `�"- �C , B Y _. , Deputy (Design to of tial cgpag ty, in. the buisine_ RECOMMENDED FOR APPROVAL: Note to Subdivider; (1) Execute acknowledg- ment form below; and if a corporation, affix corporate seal. By Lks_sistaiXE Public Wor Director (CORPORATE SEAL) FORK APPROVED: JOHN B. CLAUSEN, .� County Counsel � � � '� ,: � � sE * 9e :: * � � it k * 'h * * * is is �c t t �: � �+r '. � � * * * � '•c 3e ie * � � ::"� * :c State of California ) (Acknowledgment by Corporation, Partnership, County of )Ss• or Individual) On the person(s) whose name(s) is/are signed above for Subdivider and' who is/are knwon to me to be the individual(s) and officer(s)' or partner(s) as stated above who signed this instrument, personally appeared before tae and acknowledged to me that he executed it and that the corporation or partnership named above executed it. (NOTARIAL SEAL) i :Notary Public for said County and State (SUbdiv. Agrmt. CCC Std. Form) LD-L9 (Rev 1/77) FILED DEC 4,, 1977 J. R. OLSSON CLERK BOARD OF SUPERVISORS C Ni C A CO. D. 0��133 ' Microfilmed with board order ( BOND No. 2539356 ® - PRE Mi...,: 790.00 11 ' E IMPROVEME14T SECURITY BOND E , Gr C �, i977 FOR SUBDIVISION AGREEMENT J. R. OLSSON CLERK BOARD OF SUPERVISORS (Performance. Guarantee, and Payment ) c By. yI os co..D- u (Calif. Government Code §§66499-661199 .1o) f1.. 1. OBLIGATION. CENTEX HOMES OF CALIFORNIA INC. � as Principal, and STAFE00 INSURANCE COMPANY OF AMERICA a corporation organized and existing* under the laws of the State of 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 of Contra Costa, California, to pay it : (A. Performance & Guarantee ) ONE HUNDRED FIFTY EIGHT THOUSAND AND NO/100THS - - - - Dollars 158,000.00 for itself or any city-assignee under the below-county subdivision agreement, plus (B. Payment) ONE HUNDRED FIFTY EIGHT THOUSAND AND NO/IOOTHS Dollars y , 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. 2 . RECITAL Or SUBDIVISION AGREEMENT. The Principal has executed an ai-reement with the County to install and pay for street , drainage, and other improvements in Subdivision dumber 4948 , as specified in the Subdivision Agreement , and to complete said work hin the time specified for completion in the Subdivision Agrreement , all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 3. CONDITION. 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 things 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 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; 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 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 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 boilnd unto the County of Contra Costa and all contractors, subcontractors , laborers , materialmen and -other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid r1 Civil Code for materials furnished or labor thereon of any kind, or for0101 ��P4 Microfilmed with board order -1- TO Gig C (Corporation) O STATE OF CALIFORNIA t COUNTY OF San Mateo SS. On August 25, 1977 before me, the undersigned, a Notary Public in and for said State, personally appeared t)i enc- T- Hughes m known to me to be Asst. Secretary of the corporation that executed the within Instrument. W known to me to be the persons who executed the within a instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its boar�tttytttttt/Bfiul/imtrlNJttttfiflttNlNgitittMtt/ of directors. _QHELEN G. HEDGE _ WITNESS my ha and official seal. NOTARY PUBLIC—CALLCOMMAe P:11MATE OFFlCc Ns;gnatu l s.a^; ;:�WTEo cou��TY My Commission Expires October 17,1977 HELEN G. HEDGE OttlirtfOfUtllNittffifqffttfNlHflififUlHthfNfft� Name (Typed or Printed) tThb a+u for ntleisl nehrial sat) 1Llicroiitrr1vd witfl board order 0d0 3� 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 attorney ' s fees, incurred by County (or city assignee) in successfully enforcing; such obligation , to be awarded and fixed by the court , and to be taxed as costs and to be included in the judgment therein ren- dered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons , companies and corporations entitled to file claims under Title 15 (commencing; with Section 3082) 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 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 hereby given to make 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 AUGUST 29 , 1977 PRINCIPAL SURETY ENTEx HOMES OF LIFORNIA INC. SAFECO INSURANCE COMPANY of DuFaIrs By. rfUXAp T N 7 M M dE �E R jFH ISE G 1.0 O RJ E J-1+pN f A CET iE IF jE 4�jO SANSOME ST., SAN FRANCISCO, CA. State?,lof) California ) ss. (ACKNOWLEDGMENT BY SURETY) County of) SAN FRANCISCO ) 9 On AUGUST 25, 1977 the person(s) whose name(s ) is/aate signed above for Surety and who is/are known to Ine to be Attorneys)-in-Fact for this Corporate Surety , personally appeared before me and acknowledged to me thats fie signed the name of the Corporation as Surety and his/ their own nameCs) as its Attorney(s)-in-Fact. (NOTARIAL SEAL) �illlllllltllllllllll1111i11111IIIIII111111111111(�1''ary Public for County and State (Rev. 2/76 ) LD-1S _ EMNIA HANE {` ' EBH:bw = _� ' NOTARY PUBLIC-CALIFO NIA== 0i I 1 3 J s� CITY AND COUNTY OF SAN FRANCISCO = Microfilmed with board order MY COMMISSION EXPIRES JAN. Is. 1979 = �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III Ito III 111111111Ir 1. ` t /ER OF ATTORNEY S :O INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE:SAFECO PLAZA SAf%CG SEATTLE,WASHINGTON 98185 5328 No. KNOW ALL MEN BY THESE PRESENTS: That Safeco Insurance Company of America and General Insurance Company of America, each a Washington corporation,does each hereby appoint ---_ROXANNL E WORTHINGTON its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, Safeco Insurance Company of America and General Insurance Company of America have each executed and attested these presents this 9th day of June ' 19 77 . W.D.NAYYERSLA.SECRETARY GORDON N.9REANY,PRESIDENT CERTIFICATE Extract from Article VI,Section 12,of the By-Laws of SAFECO Insurance Company of America and of General Insurance Company of America: "Article VI, Section 12, — FIDELITY AND SURETY BONDS . ..the President,any Vice President,and the Secretary shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO Insurance Company of America and of General Insurance Company of America adopted July 28, 1970: "On any certificate.executed by the Secretary or an assistant secretary of the Company setting out, (i)The provisions of Article V1,Section 12 of the By-Laws,and (ii)A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii)Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." 1, Wm. Hammersla, Vice President and Secretary of SAFECO Insurance Company of America and of General Insurance Company of America, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power-of-Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power-of-Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this 25TH day of AUGUST I9 77 ri CDyp'y - iS GORQo�aIF oma. SJ � 2 CORMATE SEAL SEAL ' L t n ,p, LY D N.IVYERSLA,SECAE?ARY N Y = X s 1953x923 a l9jEOF}YaSK\`� ffl�!0/1��3:u1��� S-974 R4 10/75 PRINTED IN U.S.A. ItAirrnfilm-,4 Leith ^r. -ar SURETY RIDER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY SA %CC) OF AMERICA HOME OFFICE:SAFECO PLAZA SEATTLE,WASHINGTON 98185 To be attached to and form a part of Bond No. 2539356 executed by Centex Homes of California, Inc. ,as Principal and by SAFECO INSRUANCE COMPNTY OF AMERICA as Surety, in favor of County of Contra Costa and effective as of 8-25-77 In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing Performance and guarantee Bond Amount From: $158,000-00 To: $157,500.00 Nothing herein contained shall vary,alter or extend any provision or condition of this bond except as herein expressly stated.This rider is effective on the 17th day of January 198 _ Signed and sealed this 17th day of January 1978 ' ! Centex Homes of California Int'. Principal By Title SAFECO INSUITWICE CO.y1PA.;ff OF XMIER ', Accepted: Surety B y Obligee Patricia R. Donati Attorney-in-Fact 1720 El Camino Real By Burlinga..me, CA 911010 Title ����e�•J Microfilmed with f*^-+ra 'MitARD W.LEAL l ALFPSD P.LOMELI County Treasurer-Tax Collector t Assistant County Treasurer TAX COLLECTOR'S OFFICE Tax Collector First installment of Taxes First meat of Taxes Due and Payable C< � TB CSTA C � NjY Delinquent on the First Day of November ea the Tenth Day of December MARTME2. CALIFORNIA ____...________. Second Installment of Taxes Phone 228-3000.Ext.2385 Second lastallment of Taxes Due and Payable October 31, 1977 Delinq"mi an the First Day of February on the Tenth Day of A" I.F THIS TRACT IS 1.OT rIL-D By MRUMM 28, 1977 , THIS L-ITER IS VOID LEL G-C '977 J. ;L OLSSON CLEAlC BOARS! OF SUPERVISORS C NTRA CO. This serill certify that I have examined the map of the proposed subdivision entitled: TRACT 1,0. 4948 and have determined from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the clap. The current 1977--78 tax lien has been paid in full. EDYffiM W. ML Tax Collector B9 01tit 99. Microfilmed with board order IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval of } the Final Map and Agreement ) RESOLUTION NO.77/1 008 for Subdivision 4922, ) Oakley Area. ) The following documents were presented for Board approval this date: The Final Map of Subdivision 4922, property located.in the Oakley area, said map having been certified by the proper officials; A subdivision agreement with Justo Construction, Inc. 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 issued by American States Insurance Company with Justo Construction, Inc. as principal , in the amount of $106,900 for Faithful Performance and $107,400 for Labor and Materials; b. Cash deposit (Auditor's Deposit Permit Detail No. 03914, dated November 21, 1977), in the amount of $500, deposited by: Justo Construction, Inc. 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 . 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. PASSED BY THE BOARD on December 6, 1977. Originating Department: Public Works Land Development Division cc: Public Works Director - LD Director of Planning Justo Construction , Inc. 101 Railroad Avenue Antioch, CA Tax Collector RESOLUTION NO. 77/1008 SUBDIVISION AGREEMEN7 (§1) Subdivision: 4922 (§1) Subdivider: Justo construction o. (Government Code §§66462 1 and §§66463) (§1) Effective Date: December 6,_ , 1977 (§l) Completion Period: One Year j • i 1. PARTIES DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above named Subdivider, mutually promise and agree as follows, concerning this subdivision: F 2. I.`•:PROl%OIE`'TS. Subdivider shall construct, install and complete road and =� street improvements, tract drainage, street signs, fire hydrants, and all improvements. as required by the County Ordinance Code, especially Title 9, and including future -amendments, and all improvements required in the improvement plans of this subdivision as reviewed and on file in the County's. Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work") � within the above completion period from date hereof as required by the California Sub- l i division :tap Act (Government Code §§66410 and following), in a good iyor}:manlike manner, ( in accordance with accepted construction practices and in a manner equal or superior to t 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. I+ I 3. GUAR.L\'TEE• Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accordance with Article 94-4.4 of the County Ordinance Code; and he shall so guarantee it for one year after its completion and c2 tance a ai sI any defective wor nsh' or materials or any unsatisfactory performance. i �uarante onfi the drainage channel is IS ject to the provisions of Item 13, DRAINAGE CHANNEL GUARANIEL AND IMPROVEMENT SECURITY, of this Agreement. - } 4. I`•iPROVE,;E\TT SECURITY: Upon executing this agreement, Subdivider shall, APursuant to Goverr.-ent Code §§ 66499, deposit as security with the County: A. For Performance and Guar-mntee: $ 500.00 cash, plus additional '; security, in the amount of S106,,900.0T7Eich together total the estimated cost of the Iwork. Such additional security is presented in the form of: ! ❑ Cash, certified check, or cashier's check [� acceptable corporate suretN bond +! Stith this security the Subdivider guarantees his performance of this agreement and -of the I ! Work for one year after completion and acceptance thereof against any defective workman- ship or materials or any unsatisfactory performance. Upon completion of the work, ISubdivider may request reduction of the amount of this bond in accordance with County lOrdinance. - B. For Payment: Security in the amount of $ 107,400.00, which is the estimated cost of the work. Such security is presented in the form of: ❑ Cash, certified check, or cashier's check Q: ® Acceptable corporate surety bond ;With this security the Subdivider zuar ntees payment to the contractor, to his subcon- =tractors, and t _s s e-,nte17 ent or furnishing labor or materials to them or i lto the Subdivid 010 141 D E , -1- f y gLEFK BOARD SUPERVISORS CONTRA COSTA CO. 1 B ........-•--.tt..: ......... • e rde Microfilmed with board or 1 i 7l ._� i• S. WARRANTY. Subdivider warrants that said improvement plans are adequate to accomplish this work as promised in Section 2; and if, at any time before the County's resolution of completion for the subdivision, said improvement plans prove to be inadequate in any respect, Subdivider shall make changes necessary to accomplish the work as ' promised. 6. NO 1'iAIVER BY COUNTY. Inspection of the cork and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials, or pay- ments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; 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. INDEMNITY. Subdivider shall hold harmless and indemnify the indemnitees from the liabi itis es as defined in this section: A. The indemnitees benefited and protected by this promise are the County, its special districts, elective and appointive boards, commissions, officers, agents -od •, 1plovees. R. Tlie liabilities protected against are any liability or claim for damage of aa•: hind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any comb i- nation of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as completed, and including the defense of any suit(s) , action(s) or other pro- ceeding(s) concerning these. 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 employee of one or more of them. D. Non-conditions: The promise and agreement in this section is 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 subdivision, 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 Indemnitee. 8. ' COSTS. Subdivider shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 1 , 9. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. NONPERFORINIANCE AND COSTS. If Subdivider fails to complete the work within the time specified in this Agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges therefor immediately upon demand. If County sues to compel performance of this Agreement or recover the cost of completing the work, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 11. ASSIGIZIENT. If, before County accepts the work, 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 or bond securing them. -z- 00142 TO 449 C O _ (Curparatiott) T; STATE OF CALIFORNIA . `. --� �� COUNT] OF CONTRA f.(ISTA A On --NOff MBER 22, 1977 E. sre tu�_Jf wir•rsignrd, a Notary Public in and fur said DAVID . j Statr, pd:W,n.dly .gquarcd ---. ry IIYY , 1 ,� kn„♦ fn t., I„• fIn• Pre.;d,rnf, an,l MICHAEL H. DODSON 1 m kn•+un to nt.• t,. hr _ ti,•rrrtary of Iln• curporati,m that executed the within )narutncnl, - m kit.-un In uu• I.• hr- Ills per—ii, N'ho r%ev,111•11 the Wilhin t .a Ju>umuvm nu b.•icllf of the oirpnratinn Ihrrrin named. and arknou•Ir•rlged t,. mr that nur•h eorpnration ewt,mrd [it i♦'ithin f t• in<llutn,•nt puf.u.mt to its by-laws or a resulufinn of its board 111 of directors. OFFICIAL SEAL 1 WITNESSaffiand ocial s DAN K. BEVIS /1 . t w NOTARY PUBLIC• CALIFORNIA CONTRA COSTA COUNTY t Signator My Commission Expires sept.71 1979 DAN K. BEVIS Name (Typed or Printed) Microfilmed with board order (Thi,arca for official notarial&call i r 12. Record Map. In consideration herof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. 13. DRAINAGE CHANNEL GUARANTEE AND IMPROVEMENT SECURITY A. Guarantee. Subdivider guarantees the drainage channel, as shown on the Final Map to be filed herewith, for five years after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. Improvement Security. Upon completion of the one year guarantee period, as prescribed by Item 3 of this Agreement the Subdivider shall deposit with the County security in the amount of $15,000, which is the estimated cost of installing rock bank protection in the drainage channel. Such security shall be retained for an additional period of four years. Such security shall be presented in the form of: Cash, certified check, or cashier's check X Acceptable corporate security bond Acceptable irrevocable letter of credit Upon satisfactory completion of the four year guarantee period,, such security shall be exonerated. CONTRA COSTA COUNTY SUBDIVI F.R: (see ote below) 0Vernon L. Cline, ftr-�-Q __, ZJ✓3in�t Public Works Director MICHAEL H. DOD ON/SE RETARY-TREASURER 0 (f. By i ,� f I H RN N/PRESID NT Deputy (Designate official capacity in the business) RECOMMENDED FOR ZVA Note to Subdivider: (1) Execute acknowledgment form below; and if a corporation, affix c , dor a seal. By ` `, ssist nt Public Wo s Director 1,i, (CORPORATE SEAL1, FORM APPROVED: JOHN B. CLAUSEN, A y Counsel ��,1 State of California ) (Acknowledgment by Corporation, Partnership, or Individual) 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 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) Notary Public for said County and State 3 00144 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance , Guarantee, and Payment ) (Calif. Government Code §§66499-66499 .10) 1. OELIGATION. Justo Construction, Inc. , as Principal, and American States , a corporation organized and existing under the laws of the State of Indiana 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 of Contra Costa, California, to pay it : (A. Performance & Guarantee ) One Hundred Six Thousand and Nine Hundred Dollars 1$106,900. for itself or any city-assignee under the below-county subdivision agreement, plus (B. Payment) One Hundred Seven Thousand and Four hundred Dollars $107,400. to secure the claims to which reference is made . in Title 15 commencing with Section 3032) of Part 4 of Division 3 of the Civil Code of the State of Califor- nia. 2 . RECITAL QF SliBDIVISION AGREEMENT. The Principal has executed an agreement with the County to install and pay for street , drainage, and other improvements in Subdivision dumber 4922 , as specified inthe Subdivision Agreement, and to complete said work within the time specified � for completion in the. Subdivision Agreement , all in accordance with State. and local laws and rulings thereunder in order to satisfy conditions for filing of the 'FYnal Map or Parcel Map for said Subdivision. 3. CONDITION. 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 things 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 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 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 .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 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 coruo'rM a surety are held firmly bound unto the County of Contra Costa and all contractors , subcontractors , laborers , materialmen and otherpersons employed in the perfcrmance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for Y� 14 Microfilmed with board order / yc URIV 1h'L. litY1J !dyuvY(/ f J y NIcTARY PUBLIC- CALIFORNIA CONTRA COSTA coUNTY V/s My Commission Expires Sept.7.1979 x xzyacx� Notary Public for County and State (Rev. LD-15' EBH:bw -2- IMPROVEMENT SECU�tITY 30vD FOR SUBDIVISION AGRE IMENT (Performance , Guarantee, and Payment ) (Calif. Government Code §§66499-66499 .10) 1. OELIGATION. Justo Construction, Inc. , as Principal, and American States , a corporation organized and existing under the laws of the State of Indiana 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 of Contra Costa, California, to pay it : (A. Performance & Guarantee ) One Hundred Six Thousand and Nine Hundred DollarsX106,900. for itself or any city-assignee under the below-county subdivision agreement, plus (B. Payment) One Hundred Seven Thousand and Four hundred Dollars $107,400. to secure the claims to which reference is made . in Title 15 commencing with Section 3032) of Part .4 of Division 3 of the Civil Code of the State of Califor- nia, 2 . RECITAL QF SUBDIVISION AGREEIENT. The Principal has executed an agreement with the County to install and pay for street , drainage, and other improvements in Subdivision Number 4922 , 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. and local laws and rulings thereunder in order to satisfy conditions for filing of the -Final :tap or Parcel Map for said Subdivision. 3. CONDITION. ` 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 things stand to and abide by, and Orrell and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as 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 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 .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 arnount specified therefor , there shall be included costs and reason- able expenses and fees , including reasonable attorney 's fees , incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs a_nd 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 fi^mly bound unto the County of Contra Costa and all contractors , subcontractors , laborers , materiaimen and other persons employed in the perfcramance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for 0,+11 4 1) _1_ Microfilmed with board order ) I' 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 attorney' s fees, incurred by County (or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court , and to be taxed as costs and to be included in the judgment therein ren- dered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons , companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) 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 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. 14o 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 hereby• given to make 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 A11D SEALED on 11-21-77 PRINCIPAL SURETY 0 �J.ustb o "§t ucti n I American States r State" of. 4� fornia County s s . (ACKPi0WLEDGP4EPIT BY SURETY), On Aal !I , the person(s) whose name(s ) is/are signed above for Surety'an who is/are known to me to be Attorneys )-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(s) as its Attorney(s )-in-Fact. aaaaa�caa (1J - SEA?,�FICIAL SEAL DAN K. BEVIS '� NOTARY PllBLIC - CALIFORNIA A e• CONTRA COSTA COUNTY ]fes/ V�J. My Commiss'on pesSept. 7.1979 Plotary Public for County and State (Rev. EBH:bw -2- 1 j y GENERAL POWER OF ATTORNEY American States Insurance Company INDIANAPOLIS, INDIANA KNOW ALL MEN BY THESE PRESENTS, that American States Insurance Company,a Corporation duly organized and existing under the taws of the State of Indiana,and having its principal office in the City of Indianapolis, Indiana, hath made, constituted and appointed,and does by these presents make, constitute and appoint • ------------------ SCHUYLER R. BUCHANAN and THOMAS E. AUGUSTINE ------------------ (Jointly or Severally) of . ___ Antioch — and State of California its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds,recogmzances,contracts of indemnity and other conditional or obligatory undertakings, pramided, .bo-wever-,_ that -the penal sum of any one such instrument executed_ ei7eunder shall not exceed ONE HUNDRED THOUSAND AND N0/100($100 000.00) DOLLARS------------- arid to bend the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the cum mon seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in- Fact maydo in the premises. This Power of Attorney is executed and may be revoked pursuant to and by authority granted by Section 7.07 of the By-Laws of the American States Insurance Company.which reads as follows. "The Chairman of the Board, the President or any Vice-President shall have power, by ;nd with the concurrence with the Secretary or any Assistant Secretary of the Corporation, to appoint Resident Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact as the business of the Corporation may require or to authorize any one of such persons to execute, on behalf of the Corporation, any bonds, recognizances, stipulations and undertakings, whether by way of surety or otherwise" IN WITNESS WHEREOF,American States Insurance Company has caused these presents to be signed by its Vice-President, attested by its Assistant Secretary and its corporate seal to be hereto affixed this — lst day of__.ME.LTeh _ A. D. 19 AMERICAN STATES INSURANCE COMPANY (SEAL) By- William M. no ATTEST: . . StaDlf<y s,. Riegel ' Second Vice-President Assistant Secretary STATE OF INDIANA COUNTY OF MARION] SS: On this _ JAI— . day of_ __ f )archA. D., 19=._,before the personally came• William M. Evans __ --_ — -_ to me known,who being by me duly sworn,acknowledged the execution of the above instrument and did depose and say; that he is Vice-President 0 American States Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation. and that he signed his name thereto by like order. And said William M. Evans _ further said that he is acquainted with--Stanley L. Riegel and knows him to be the Assistant Secretary of said Corporation; and that he executed the above instrument. January 10, 1981 __ ___ —_ Linda J. Cannon — My Cnmm,ssion Expires Notary Public STATE OF INDIANA ` SS: COUNTY OF MARION Stanley L. Riegel the Assistant Secretary of AMERICAN STATES INSURANCE COMPANY. du Iicrehy certify that the above and foregoing is a true and correc! copy of a Power of Attorney. executed by said AMERICAN ,TATE". INSURANCE COMPANY, wh,ch is still in full force and effect. Tht1 Ce•rtrfieate may be signed acrd sealed by facsimile under and by the authority of the following resolution of the Board r,f Dirt r_t,,rs of American States Insurance Company at a meeting duly called and held on the 15th day of December 1972 "RI SOLVED: That the use of a printed facsimile of the corporate seal of the company and of the signature of an Assistant �t::rela-y on any certification of the correctness of a copy of an instrument executed by the President ora Vice-President pursoint Vi •eLtt�rr, 7.07 of the By-Laws appointing and authorizing an Attorney-in-Fact to sign to the name and on behalf of the company -.urs-ty bond,., underwriting undertakings or other instruments described in said Section 7.07,with like effect as if such seal and .licit signature had been manually affixed and made, hereby is authorized and approved." f In witness whereof. I have hereunto set my hand and affixed the seal of said Corporation, this __ 001 'fay`'f —.A D., 19 "� rahll .. EDWARD W. LEAL ALFRED P.LOMELI County Treasurer-Tax Collector Assistant County Treasurer- TAX COLLECTOR'S OFFICTam Collector'E _ First Installment of razes CONTRA COSTA COUNTY First Installment of Tares Due and Payable N,Dalin nt t on the First Day of November on the Tenth Day of December MARMEZ. CALIFORNIA _____________ Second Installment of Taxes Phone 228-3000,Ext.2.385 Second Installment of Taxes Due and Payable November 10, 1977 Delinquent on the First Day of February on the Tenth Day of April T THIS ,L"'i"i'E3 IS VOID I� THIS TRACT IS NOT rII�D BY F=. r�U�RY 2g, 197g , This xdll certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 4922 and have detemined from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the Trap. The current 1.977-75_ tax lien has been paid in full. ID'v:UD W. IAL Max Collector By: Deputy RECEIVED NOv 1 o ism PUBLIC WORKS DEPT. � A Q In the Board of Supervisors of Contra Costa County, State of California December 6 , 19 77 In the Matter of Executive Session. At 10:20 a.m. the Board recessed to meet, pursuant to Government Code Section 54957.6.,in Executive Session in Room 108, County Administration Building, Martinez, California to consult with its representatives in connection with salary matters, with all Board Members present (Chairman W. N. Boggess having arrived at 10:20 a.m. ). The Board reconvened in its Chambers at 11:05 a.m. and continued with the calendared matters. A Matter of Record 1 hereby certify that the foregoing is a true and correct copy of 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 this6th day of December 19 77 J. R. OLSSON, Clerk a Deputy Clerk Maxine M. Neufe d 00149 H-243/76 15m l In the Board of Supervisors of Contra Costa County, State of California December 6 , 19 77 In the Matter of Certificate of Appreciation to 11r. Louis Shepard. IT IS BY THE BOARD ORDERED that the Chairman is AUTHORIZED to EXECUTE a Certificate of Appreciation to Mr. Louis Shepard in recognition of his service to the community while serving as City Manager of San Pablo for the past ten years. PASSED by the Board on December 6, 1977. 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 6thday of December 19 77 Officer J. R. OLSSON, Clerk By i Deputy Clerk obbi utierre 00150 H-243/7615m In the Board of Supervisors of Contra Costa County, State of California December 6 , I9 77 In the Mcife:• of Authorized Attendance for Ge oveva Garcia, Mental Health Ad�,, ;sory Board at meeting Conference of Local Mental Health Directors in Yosemite, CA IT IS BY THE BOARD ORDERED NAI-IE c DEPARTMENT MEETING DATE Geaoveva Garcia Conference of Local October 6, 1977 Medical Services Mental Health Directors to Yosemite, California October 7, 1977 PASSED BY THE BOARD on December 6, 1977. 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 Boord of Orig: Director, HRA Supervisors cc: Assistant Medical Di r.ectc r affixed this 6th day of D;:cer. er , 19 7 7 Mental Health Advisory oLSSON, Clerk Board Eyc j. :?z '��Lx_� (.� ._ Depusy Clerk H 24 12/74 . 154.1 County administrator Pats- .cia A. Lc'i County Auditor-Controller Mental Health Administrator IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of. Appeal of ) The Hofmann Com pan ) from action of the Planning ) December 6 1977 Commission on Application ) for Tentative Map of Sub.. 4687) Byron area. ) NOTICE OF HEARING ON APPEAL WHEREAS on the 22nd day of November ,- 1977 , the Planning conditionally approved Application for Tentative Map of Subdivision 4687 filed by Discovery Bap Corporation for 96 single-famillresidential lots and multiple residential, recreational, educational and commercial develo ment in a Flanned Unit District - Byron area; an WHEREAS within the time allowed by law, The Hofmann Company riled with this Board an appeal from Condition No, 13 NOW, THEREFORE, IT IS .ORDERED that a hearing be held on said appeal before this Board in its Chambers, Room 107, Adminis- tration Building, Martinez, California, on Tuesday the 20th of December , 19 77, at 11:45 a.m. , and the Clerk is directed to give notice to all interested parties. PASSED by the Board on Decamber 6.,--19.77 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: The-Hofmann Co. Witness my hard and the Seal Isakson & Associates of the Board of Supervisors affixed Discovery Bay Corp. this 6th day o:" December , Mr. Harvey Bragdon 19_77_- -' Director of Planning J. R. OLLSSON, CLERK By Ronda Amdahl Deputy Clerk 00152 RECEIVED soH 4'j CONTRA COSTA COUNTY 1977 PLANNING DEPARTMENT aQo OP SUMMIM TO: Board of Supervisors DATE: November 30, 1977 FROM: Anthony A. Dehaesus SUBJECT: Appeal , Subdivision 4687 Director of Plannin Discovery Bay (Byron area) APPLICANT E OWNER: Discovery Bay Corporation, Rt. 1 , Box D-250, Byron. ENGINEER: Isakson & Associates, 1353 Pine St. , Walnut Creek. APPELLANT: The Hofmann Company, P. 0. Box 907, Concord. PUBLIC HEARING: November 22, 1977 DECISION: Approved. APPEAL FILED: November 28, 1977 Reasons for Appeal : See attached letter. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The following people should be notified of the Board of Supervisors' hearing date and time: The Hofmann Company Discovery Bay Corporation P. 0. Box 907 Rt. 1 , Box D-250 Concord, CA 94522 Byron, CA 94514 Isakson & Associates Harvey E. Bragdon 1353 Pine Street 4 Barrie Way Walnut Creek, CA 94596 Mill Valley, Calif. 94541 AAD: 1sw Attachments: Appeal Letter, Letter of Acknowledgement, Staff Report, Staff Conditions, Resolution of Planning Commission, Map.. with board order. 00 53 7tKHCOPAPANY ofmann BUILDERS :AND : DEVELOPERS ,1035 DETROIT AVE. P.O.BOX907 CONCORD,CA.94522 TELEPHONE 6824830(Area Code 415) !V r'1 November 28, 1977 Mr. Anthony A. Dehaesus Planning Director Contra Costa, County County Administration Building P. 0. Boa .9 51 Martinez, California :94553 Reference: Subdivision 4687 Dear Mr. Dehaesus: Enclosed is our check in the amount of $100.00 to cove-- the overthe fee for appeal to the Board of Supervisors of Item 13 of the Conditions for Approval, Subdivision 4687, in the area of Discovery Bay. We respectfully request that this matter be submitted to the" Board 'at their earliest convenience in order that a public hearing at an early date can be established. Very truly yours, HOFMANN COMPANY j Kore os e President /e Enclosure MjCfQi141'1.a w4h bocrd order 5� Planning Department tetra Planning CommininnMertthws William L.Milano Costa Pittsburg_Chairman County Administration Building,North Wing Donald E.Anderson P.O.Box 951 Moraga—Via Chairman Martinez,California 94553 County Albert R.Com is Martinez Anthony A.Dehaesus Director of Planning Carolyn D.Phillips Rodeo Jack Stoddard Phone: Richmond William V.Walton Pleasant Hill Andrew H.Young Alamo November 30, 1977 Mr. Jim Koregelos The -Hofmann Company P. 0. Box 907 Concord, California 94522 Dear Mr. Koregelos: This letter acknowledges receipt of your letter of appeal , dated November 28, 1977, and the $100.00 filing fee for Subdivision 4687 which was approved by the Planning Commission on Tuesday, November 22, 1977• 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 Planning Norman L. Halverson Chief, Subdivision Administration . NLH: )sw cc - Discovery Bay Corporation Isakson & Associates County Departments File Subdivision 4687 Nt;c,o;,,;;,,;j with board order �� �j BEFORE THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA STATE OF CALIFORNIA fn the Matter of the Application for Approval of the Tentative Map of Subdivision Number 4687/ WHEREAS, a request by Discovery Bay Corporation (Applicant & Owner) for approval of a tentative subdivision map in a P-1 Planned Unit District was received by the Planning Department on October 17, 1977; and WHEREAS, after notice thereof having been lawfully given, a public hear- ing was held by the Planning Commission on November 22, 1977, whereat all person interested therein might appear and be heard; and WHEREAS, the Planning Commission having fully considered and evaluated all the testimony and evidence submitted in this matter; and NOW THEREFORE, BE IT RESOLVED that the Planning Commission APPROVES the request of Discovery Bay Corporation for approval of the tentative map of Subdi- vision 4687, subject to conditions as listed in Exhibit "A", which is attached hereto and made a part thereof; and BE IT FURTHER RESOLVED that the reasons for this approval are as follows: (1) That the applicant intends to start construction within two and one-half years from effective date of zoning change. (2) That the proposed planned unit development substantially conforms to the County General Plan. (3) The development of a harmonious, integrated plan justifies exceptions from the normal application of the Ordinance Code. BE IT FURTHER RESOLVED that the tentative map of Subdivision Number 463 be CONDITIONALLY APPROVED subject to the conditions, only as to lot design and layout, street alignment and widths, and tentative design of the subdivision. The foregoing conditional approval expressly does not include matters re4uired to be approved in the Improvement Plans. Miuoii1m;:J with board order i Subdivision Number 4687 The foregoing approval was made in the motion of Commissioner Milano, Page 2 seconded by Commissioner Stoddard, and adopted at the Planning Commission meetin of November 22, 1977, by the following vote: AYES: Commissioners Milano, Stoddard, Walton, Compaglia, Young, Phillips and Anderson. NOES: Commissioners - None. ABSENT: Commissioners - None. DONALD E. ANDERSON Chairman of the Planning Commission County of Contra Costa, State of California ATTEST: Anthony A. Dehaesus Director of Planning Norman L. Halverson Chief, Subdivision Administration NLH: isw board orcW EXHIBIT A Conditions for Approval of Subdivision 4687 1. This approval is based on the revised tentative map, Subdivision 4687, scale 1" = 1001, that was received October 17; 1977 by the Contra Costa County Planning Department.' 2. In accordance with the provisions in Ordinance No. 71719, the owners of all existing easements within areas to be dedicated or deeded to Contra Costa County for road purposes shall consent to the dedicated/ deeding of the right-of-way. and shall subordinate their rights to the rights of, the public in.the dedicated/deeded area. 3. All new utility distribution facilities shall be installed underground. (Ordinance Code Chapter 96-10) 4. The minimum grade for curbs on all streets shall be 1% unless hardship in attaining said grade is demonstrated by the subdivider when the : improvement plans are submitted for review. 5. Traffic control signs, -stop signs, centerline striping on and pavement markings 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 Works Department of the various signs, striping and pavement markings required when the improvement plans are submitted for review. 6. Street lights shall belinstalled on all streets and the entire subdivi- sions shall be annexed'to County Service Area M-8 for the maintenance and operation of the street lights. (Ordinance Code Chapter 96-8) 7. Sidewalks shall be constructed on all streets except along the 17th green frontage of Willow Lake Road. 8.• No mailboxes will be permitted within 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 arrangement for mail delivery (e.g., request, in writing, delivery, to individual or grouped mailboxes behind the sidewalks) . 9. Storm drainage originating on the property and conveyed in a concentrated manner will not be allowed to drain across the sidewalk. The drainage shall be conveyed to a storm drain, or if drained to the street, shall be discharged through the curb by means of a County standard sidewalk cross- drain or 3-inch diameter pipes through the curb and under the sidewalk. 10. 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. 11. The storm drainage system is not shown. Therefore, the storm drainage system will be subject to review and approval by the County Public Works Department prior to recording the subdivision map. order Conditions for Approval - Subdivision 4687 Page 2 12.. All land uses, yard and height measurements as they pertain to the single-family residential lots shall be subject to review and approval by the Director of Planning. The guide used to establish these require- ments shall be the R--6 District of the Zoning Ordinance. Lot size -shall not be less than 6,000 square feet, and all lots .shall have minimum widths of 60 feet at the setback line. 13. Approximately 4,000 dwelling units and/or building lots are proposed with the development of Discovery Bay, including those portions previously approved. The impact of Discovery Bay traffic on the existing State Route 4 requires that State Route 4 be widened and improved as a part of the development of Discovery Bay. In order to construct .these improvements in an orderly manner and spread the cost thereof through the entire development of Discovery Bay, the developer shall form an assessment district to provide for the acquisition of right-of-way and road improvements for State Route 4. The developer may include in the assessment district such other road and public utility improvements, internal to the development, • as are permitted under the provisions of, the Municipal Improvement Act of 1913 and approved in a Board of Supervisors' Resolution of Intention-. The developer shall be considered in compliance with all conditions covered by items of work included in the assessment district upon approval .of a Resolution of Intention by the Board of Supervisors prior to record of the subdivision map. The following work on State Route 4 shall be included under the assessment district: A. The developer shall obtain and deed, at no cost to the County, a 126-foot wide right-of-way plus slope and-drainage- easements as necessary for State Route 4 between Byron Highway and the west bank of Old River. The alignment shall be prepared and detailed by the State of California, Department of Transportation, subject to the concurrence of the County Public Works Department. B. The developer shall construct a 40-foot wide pavement consisting of two 12-foot lanes and two 8-foot shoulders from Byron Highway to the west bank of Old River. The construction shall also in- clude- widening and channelization as necessary at the three entrance roads to Discovery Bay. The plans shall be prepared by the State of California, Department of Transportation, subject to the concurrence of the County Public Works Department. Construc- tion inspection will be provided by the County Public Works Depart- ment. 14. All portions of the development shall be protected from flood hazard, inundation, and all other surface waters as stipulated in the County Ordinance Code (Section 914-2.002). �9 �r�.u.,.�........ �...., L:JJ$.Q order Conditions for Approval - Subdivision 4687 Page 3 15. No waterway or water area shall be created_by�breaching, opening or piercing any existing or hereinafter constructed levee or physical barrier, or by pumping or ditching, prior to: construction of a new levee and approved by the County and Reclamation District No. 800; for the protection of the low lands, and subdivision maps recorded for the area or areas affected. 16. All finish floor elevations of proposed buildings, not protected by adequate levees, shall be at an elevation of 9.5 feet. . 17. Any Covenants F, Restrictions for the proposed development shall include provisions prohibiting the construction of*permanent structures of- any . kind (including buildings, fences, patios, paving,. walkways, docks or wharves) other than drainage structures, within or over any storm drain easement.' 18. The developer shall provide evidence to the County to show that controls have been established to prohibit the construction of structures over or into the levee providing flood protection for the portions of the develop- ment or adjacent lands having an elevation below 9.5 U.S.G.S. 1929 Sea Level Datum. 19. Any interim drainage channels which are to drain this unit until the ultimate downstream lake circulation system is complete shall' be included as part of the improvement plans for the subdivision. 20. The minimua top of curb elevation for streets not protected by adequate levees shall be 9.5 U.S.G.S. Sea Level Datum. 21. Drainage easements shall be provided for the in-tract storm drainage facilities. 22. No permanent structures of any kind (buildings, fences, balconies, patios, etc.) other than drainage structures -should be constructed within or over any drainage or access easement. Landscaping,'including trees, shrubs, and ground cover, and.improvements such as paving and bridges, may be accomplished within drainage easements upon obtaining an encroachment permit from the County. 23. The subject subdivision is located next to a river or stream which is defined by the Department of Fish & Game'as a natural watercourse as designated by a solid blue line or dash and three dots symbol shown* in blue on the largest scale U.S. Geological Survey Topopgraphic Map most recently published. The developer and/or his representative shall notify the Department of Fish & Game, Region 2, 1001 Jed Smith Drive, Sacramento, California 95819, of any proposed or existing construction project within the subdivision that may affect the streams in accordance with Section 1601 and Section 1602 of the Fish & Game Code. Micro�i With- board order ���) � 60 s . c Conditions for Approval - Subdivision 4687 Page 4 The subdivision may be subject to requirements by the Department of Fish & Game. Requirements by the Fish & Game shall be noted or shown on the construction plans and shall be submitted to-the County for review and approval. Such review and approval shall be•obtained from the. County prior to the filing of,the. Final Map. 24. Future continuation of the main levee shall conform to the requirements established under previous units in conjunction with the preliminary soils report, the requirements of the Army Corps of Engineers, the State Reclam- ation Board and the Flood Control District.. 25. Minimum street and-finished floor elevations shall be established from appropriate hydraulic calculations submitted concurrently with the improvement plans for each unit within the lake circulation system. 26. An Agreement shall be executed between the developer and Contra Costa County Sanitation District No. 19 prior to the recording of the subdivi- sion. The Agreement shall be similar to: previous agreements covering previous development in Discovery Bay. 27. Prior to recording thesubdivision map: A. Developer shall execute an Agreement with District No. 19 providing for the expansion of existing water and sewerage facilities. Completion of said facilities shall be completed within one year of the date of execution of the Agreement. The Agreement shall provide for a Faithful Performance Bond and a Payment Bond, each in the amount of 100% of the approved engineer's - estimate, and a bond guaranteeing the correction of any defects of materials, workmanship, or any unsatisfactory performance of the* facilities, in the amount of 15% of the approved engineer's estimate, and for payment by developer of all inspection costs. B. Developer shall submit to Sanitation District No. . 19 construction plans and specifications for all sewer and water facilities, which plans and specifications shall be prepared by engineers regularly engaged and competent in the field of water supply and sewage treat- ment -design. Submitted construction plans and specifications shall be subject to approval by the engineer ex officio following review for compliance with District requirements by the Environmental Control Division of the Public Works Department. C. The developer shall have awarded a contract for construction of water and sewerage facilities as shown on the approved plans and specifications to serve the subdivision, and actual work shall be in progress. MicrO±iim.Xi w4h board order Conditions for Approval - Subdivision 4687 Page 28.1. Easements and access shall be centered over the Contra Costa County Sanitation District No, 19 facilities when such facilities are out- side of a dedicated road right-of-way and shall be deeded to Contra Costa County Sanitation District No. 19. Access shall accommodate sanitation district trucks and equipment to maintain the facilities and pipe lines. 29. Plans and specifications for sanitary sewers and water mains for other than subdivision lots shall be approved by the.Contra Costa County Sanitation District No. 19 prior to construction. 30. Sewer and water service to each living unit shall not be under T structures, footings, or concrete slabs. 31. Trees shall not be planted on top of or within 10 feet horizontally - from any Contra Costa County Sanitation District No. 19 sanitary sewer or water main. Structures shall not be erected on sanitary r district easements. 32. All dead-.end water mains shall terminate in a fire hydrant or a standard blow-off. 71 ;x A_ ate' RBH:1sW. 6/20/75 6/24/75 BT:dh 11/18/77 11/22/77 11/28/77 " 1 .ider - Ni• • +Y In the Board of Supervisors of Contra Costa County, State of California December 6 , 19 7,Z In the Matter of Contra Costa County Aviation Advisory Committee By-Laws. The Board having received a November 21, 1977 letter from M. C. G. Hand, Chairman, Contra Costa County Aviation Advisory Committee, transmitting a copy of By-Laws adopted by the Committee and requesting Board approval of same; IT IS BY THE BOARD ORDERED that the aforesaid By-Laws are REFERRED to the Internal Operations Committee (Supervisors E. H. Hasseltine and N. C. Fanden) and the County Administrator, PASSED by the Board on December 6, 1977. 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. c c: Mr. C. G. Hand Witness my hand and the Seal of the Board of Supervisor Committee Members ffixed thi6th of December 19 77 a County Administrator s y Public Works Director Public Information OfficerCLSSO N, Clerk B �. Uy� D Clerk rk Ronda Amdahl H-24 4/77 15m 0M 6'r r In the Board of Supervisors of Contra Costa County, State of Caiifomia December 6 . 19 77 In the Matter of Approving Change Order No. 1 to the Construction Contract for the North Wing Planning Department Remodel , Martinez. s (0115-4111) The Board of Supervisors APPROVES and AUTHORIZES the Public Works Director to execute Change Order No. 1 to the construction contract with John D. Wilson Construction Co., Lafayette, for the North Wing Planning Department Remodel . This Change Order is in the amount of $7,423.73 and provides for additional electrical and carpentry work. PASSED by the Board on December 6, 1917 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 Dept. Witness my hand and the Seal of the Board of Bldgs & Grnds Supervisors cc: Public Works Department affixed this 6th day of December 19 77 Architectural Division Agenda Clerk J. R. OLSSON, Clerk County Auditor- Controller J. Dye By. fO�io . Deputy Clerk Contractor N.POUS Inspector H-24 3/76 15m FUND # 011 -4111 PROJECT: North Wing Planning Department Remodel CONTRACTOR: John D. Wilson Construction Co. In accordance with County request, Contractor proposes to provide all equipment, materials, labor and services to accomplish the requested change to the contract documents for which the amount noted herein below shall constitute full compensa- tion:-and by which the contract price shall be adjusted. In all other respects the contract remains unchanged. Description, of Change: 1. Provide additional telephone and electrical work-(Phase I) a. Convert one mechanical unit "bookcase" into a telephone panel and core floor to duct. . . . .. . . . . . . $ 404.00 b. Relocate one additional light fixture . . . . . . . . . . . . . . . 164.85 c. Provide additional telephone and electrical work not shown on drawings (1) Remove six electrical outlets. . . . . . . . . . . . . . . . . 168.00 (2) Remove three telephone outlets . . . . . . . . . . . . . . . 75.00 (3) Provide two new electrical outlets . . . . . . . . . . . . . . 120.00 (4) Provide two new telephone outlets. . . . . . . . . . . . . . . 100.00 (5) Credit one new telephone outlet, which will nowremain . . . . . . . . . . . . . . . . . . . . . . . . . . -50.00 (6) Credit one new electrical outlet, which will now remain . . . . . . . . . . . . . . . . . . . . . . . . . . -60.00 (7) Provide two new floor handholes. . . . . . . . . . . . . . . . 302.00 Sub Total $1 ,225.85 2. Provide 94 l .f. of celotex wall sheathing over gypsum board (Phase I and Il) . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,490.90 3. Provide additional telephone and electrical work (Phase II) a. Remove electrical outlets. . . . . . . . . . . . . . . . . . . . . 196.00 • " b. Remove seven telephone outlets . . . . . . . . . . . . . . . . . . 175.00 c. Provide two new electrical outlets . . . . . . . . . . . . . . . . 120.00 d. Provide two new telephone outlets. . . . . . . . . . . . . . . . . 100.00 •e. Provide one new 220V outlet. . . . . . . . . . . . . . . . . . 75.08 f. Remove and re-install two ceiling mounted light fixtures. . . . . . 159.60 g. Provide and install one ceiling mounted exit sign. . . . . . . . . 95.55 $ 921 .23 4. Remove and relocate {40 l .f. of lights to include repair of ceiling (Phase II). . . . . . . . . . . . . $1 ,758.75 5. Provide 10 vinyl covered access panels at walls which intersect mechanical units (Phase II). . . . . . . . . . . . . . : . . . . . . $ 350.00 6. Provide 14 aluminum angles at walls perpendicular to windows and blocking for cabinet recesses (Phase II) . . . . . . . . . . . . . . $ 677.00 Approval Re ended: Net Change in Contract Price 5 .7.423.73 Proje Archit ct/Engineer Last Contract Price $59,549.00 Appr ved: t ` New Contract Price $66,972.73 Public Works Director Accepted: John DWilson Construction Co. By: November 28. 1977 Contractor 4D410 Date )kcrofilmed with board order In the Board of Supervisors of Contra Costa County, State of California December 6 . 19 77 In the Matter of CSAC Resources Committee Meeting on SB 346. Supervisor J. P. Kenny having advised the Board that the County Supervisors Association of California Resources Committee will be meeting at 6:30 p.m. December 8, 1977 at the Mansion Inn, Room A. Sacramento California to discuss Senate Bill 346 (Peripheral Canal billj ; and Supervisor Kenny having recommended that the Public Works Director be requested to arrange for a presentation with respect to this County's position thereon. IT IS BY THE BOARD ORDERED that the aforesaid recom- mendation is APPROVED. PASSED by the Board on December 6, 1977. 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 Administrator Supervisors affixed this6th day of December . 1977 J. R. OLSSON, Clerk Deputy Clerk Maicift,e M. Neuf d H-24 3/7615m t In the Board of Supervisors of Contra Costa County, State of California December 6 . 19 77 In the Matter of MARINE CORPS RESERVE 'TOYS FOR TOTS" CHRISTMAS PROGRAM - WHEREAS the Marine Corps Reserve has requested' permission to temporarily place receptacles for toys to be donated to the "Toys for Tots" Christmas program in certain County buildings in the Martinez complex and; WHEREAS the Sheriff-Coroner has recommended this was a worthwhile charitable endeavor and offered to coordinate collection of the toys with the Marine Corps Reserve repre- sentatives; THEREFORE, it is by this BOARD ordered that the Marine Corps Reserve will be allowed to place toy collection barrels in the lobbies of County buildings in the Martinez complex during the period between December 1, 1977 and December 22, 1977. PASSED by this Board on December 6, 1977. 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 Sheriff-Coroner Supervisors (C/oSaA affixed this 6th day of December 19 77 J. R. OLSSON, Clerk Deputy Clerk Jamie L. Johnson P 00167 H-24 3/76 Ism I In the Board of Supervisors of Contra Costa County, State of Califomia December 6 , 19 77 In the Matter of Authorization to execute 16 CETA Title I Manpower Program Contracts for FY 1977-78 The Board having authorized, by its Order dated October 4, 1977, execution of start-up contracts with each of the thirteen service providers recommended by the County Manpower Advisory Council for funding for CETA Title I manpower programs in Federal FY 1977-78, for start-up and initial operation of CETA Title I programs during the period from October 1, 1977, through October 31, 1977, pending completion of novation contracts for the continued operation of each program during the full recommended term of FY 77-78, and The Board having considered the recommendation of the Director, Human Resources Agency, concerning the need for prompt execution of novation contracts, to wholly replace said one-month start-up contracts and provide ' for continued full-term operation of each program, in accordance with the County's CETA Title I Annual Plan, IT IS BY THE BOARD ORDERED that the Director, Human Resources Agency, is AUTHORIZED to execute, on behalf of the County, full-term novation contracts with each of the thirteen service providers (for a total of sixteen contracts) recommended for funding for CETA Title I manpower programs in FY 77-78, as set forth in the attached CETA Title I Full-Term Contract Specifications Chart, subject to the availability of funding and upon approval of said contracts as to legal form by the Office of the County Counsel. PASSED BY THE BOARD op December 6, 1977. 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 Attu: Contracts & Grants Unit Supervisors cc: County Administrator affixed this 6th day of December 1977 County Auditor-Controller County Manpower Project J. R. OLSSON, Clerk Director Contractors Deputy Clerk Jeanne 0. Maglio RJP:dg 00168 H-24 4/77 15m y CETA TITLE I FULL-TERM CONTRACT SPECIFICATIONS CHART (Attachment to 12/6/77 Board Order) G CONTRACT SERVICE PROVIDER PROGRAM (16 contracts) PAYMENT LIMITS 1. Southside Community Center, Inc. CETA Unit $ 250,324 Special Instruction (Basic Ed) 33,380 2. Worldwide Educational Services, Inc. CETA Unit 325,506 3. City of Pittsburg CETA Unit. 340,665 4. United Council of Spanish Speaking CETA Unit 62,013 Organizations, Inc. 5. Contra Costa County Superintendent of Adult Work Experience 390,763 Schools (Neighborhood Youth Corps) Youth Work Experience 209,203 6. Contra Costa Legal Services Foundation Legal Services for Enrollees 47,550 7. East County Resource Center, Inc. Specialized Services for Ex-Offender Enrollees 49,771 8. Concerted Services Project, Inc. Classroom Training (Clerical) 60,328 9. KCR Enterprises, Inc. (dba Classroom Training (Clerical) 38,643 Polly Priest Business College) 10. Linton Business College, Inc. Classroom Training (Clerical) 47,350 11. Pittsburg Unified School District Classroom Training (Welding) 68,737 Classroom Training (Construction) 77,001 12. Safair School of Credit, Collection, Classroom Training (Credit Rep.) 35,750 and Management 13. Mt. Diablo Rehabilitation Center Specialized Services for Handicapped Enrollees 106,000 lJ G CEJ Contra Costa County Standard Form STANDARD CONTRACT (Purchase of Services) 1. Contract Identification. Number 2 8 4 5 r Department: Human Resources Agency Manpower Project Subject: Provision of a Basic Education Skills Training Program serving residents of western Contra Costa County (excluding the City of Richmond) 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: SOUTHSIDE COMMUNITY CENTER, INC. Capacity: Nonprofit California corporation Address: 745 Marina Way, South, Richmond, California 94804 3. Term. The effective date of this Contract is October 1, 1977 and it terminates September 30, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 33,380 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 FY 77-78 CETA Title I Annual Plan and Prime Sponsor Agreement (U. S. Dept. of Labor Grant #06-8004-10) , and any modifications or revisions thereof. 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: Title I of the Comprehensive Employment & Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845) , 29 USCA Section 801ff; California Government Code Sections 26227 and 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA CALIFORNIA CONTRACT By BY , P $oar o Supervisors Designee (Designate offic al pacity in bus Hess st: J. R. Olsson, County and affix corporati n seal) State of California ) County of Contra Costa ) ss' Dep ACKNOWLEDGEMENT (CC 1190.1) The person signing above for Contractor Recommanded by Department known to me in those individual and business capacities, personally appeared 4before me today and acknowledged that he/ By ? `i �L they signed it and that the corporation Designee or partnership named above executed the within instrument pursuant to its bylaws HRA Contracts Administrator or a resolution of its board of directors. Form Approved: Dated: By Desiee /Deput Cou y Clerk 0011x`0 (A-4617 REV 6/76) Contra Costa County Standard Form PAY14ENT PROVISIONS (Cost Basis Contracts) Number 28 - 435 - 1 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: [Check one alternative only.] j ] a. $ monthly, or [ ] b. $ per unit, as defined in the Service Plan, or [X] 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. 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. fl `r1 (A-4618 REV 6/76)' -1- SERVICE PLAN Number - 4 3 5i 1 1. Service Specifications and Performance Standards. SOUTHSIDE COMMUNITY CENTER, INC. (Contractor) shall during the term of this Contract establish and operate a Basic Education Skills Training Program for CETA enrollees residing in the western area of Contra Costa County (excluding the City of Richmond). Contractor shall- secure office facilities located at 2073 — 23rd Street in San Pablo and shall employ appropriate staff to provide services hereunder, as follows. In providing this classroom training program, Contractor shall: a. Request, screen and accept referrals of appropriate CETA enrollees from Contractor's CETA vocational counselors for participation in the basic education skills training program, such that: (1) For at least 95% of the CETA enrollees who are referred by Contractor's CETA vocational counselors in response to Contractor's request for referrals, and who do not withdraw from consideration (i.e., who do not decline to participate in any of Contractor's classroom training program screening activities), screening for appropriateness for participation in the training program will be completed by Contractor and a final determination of acceptance or non-acceptance made and reported in writing to the referring CETA vocational counselor within three (3) weeks following the date of referral (i.e., written request by the vocational counselor for consideration of the enrollee) ; (2) For each referred CETA enrollee who is not accepted for partici- pation in Contractor's classroom training program, the referring CETA vocational counselor will be informed in writing, at the time of notice of non-acceptance, of the particular reasons for non-acceptance of the enrollee; (3) At least 95% of the referred CETA enrollees who are accepted for participation in Contractor's classroom training program, and who do not decline to begin training, will be enrolled in and receive initial training within three (3) weeks following the date of written notice of acceptance to the referring CETA vocational counselor; and (4) At least 70 CETA enrollees will be newly enrolled in the program and begin basic education skills training. b. Conduct diagnostic assessment of each program participant, upon initial enrollment, to determine the enrollee's learning style and attitudes, values, interests, and motivational level as related to training activities, such that: for at least 95% of those CETA enrollees who begin basic education skills training, such diagnostic assessment is completed within two (2) weeks following the date of initial enrollment of each participant. c. Develop an Individualized Learning Plan (ILP) for each enrollee, upon initial enrollment, which documents the results of the diagnostic assessment, and which, on the basis of these results and in accordance with the enrollee's Employability Development Plan (EDP) ['as prepared by Contractor's CETA vocational counselors] , details an individualized curriculum for the enrollee, indicates a target skill level to be achieved by the enrollee in each general academic curriculum area (set forth in Paragraph l.d. below), and specifies the amount of training time that will be required to reach each such target skill level [not to exceed sixteen (16) weeks) , such that: for at least 95% of those CETA enrollees who begin basic education skills training, such an ILP is prepared within two (2) weeks following the date of initial enrollment of each participant. d. Provide classroom training and instruction (as set forth below) in general academic skills, including coverage of the following general academic curriculum areas: (1) Language arts; (2) Mathematics; (3) Study skills; (4) Communication; (5) Problem solving; and (6) Decision making. InitialsXCo n t r a_ct or VCounty Dept. -1_ 00-1 A Contra Costa County Standard Form PAYMENT PROVISIONS (Cost Basis Contracts) Number 28 - 435 - 1 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: [Check one alternative only.] [ ] a. $ monthly, or [ ] b. $ per unit, as defined in the Service Plan, or [X] 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. 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. (A-4618 REV 6/76) Contra Costa County Standard Form PAYMENT PROVISIONS (Cost Basis Contracts) Number 5. 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 REV 6/76) -2- SERVICE PLAY Number"'9 435 - 1 1. Service Specifications and Performance Standards. SOUTHSIDE COMMUNITY CENTER, INC. (Contractor) shall during the term of this Contract establish and operate a Basic Education Skills Training Program for CETA enrollees residing in the western area of Contra Costa County (excluding the City of Richmond). Contractor shall secure office facilities located at 2073 - 23rd Street in San Pablo and shall employ appropriate staff to provide services hereunder, as follows. In providing this classroom training program, Contractor shall: a. Request, screen and accept referrals of appropriate CETA enrollees from Contractor's CETA vocational counselors for participation in the basic education skills training program, such that: (1) For at least 95% of the CETA enrollees who are referred by Contractor's CETA vocational counselors in response to Contractor's request for referrals, and who do not withdraw from consideration (i.e., who do not decline to participate in any of Contractor's classroom training program screening activities), screening for appropriateness for participation in the training program will be completed by Contractor and a final determination of acceptance or non-acceptance made and reported in writing to the referring CETA vocational counselor within three (3) weeks following the date of referral (i.e., written request by the vocational counselor for consideration of the enrollee); (2) For each referred CETA enrollee who is not accepted for partici- pation in Contractor's classroom training program, the referring CETA vocational counselor will be informed in writing, at the time of notice of non-acceptance, of the particular reasons for non-acceptance of the enrollee; (3) At least 95% of the referred CETA enrollees who are accepted for participation in Contractor's classroom training program, and who do not decline to begin training, will be enrolled in and receive initial training within three (3) weeks following the date of written notice of acceptance to the referring CETA vocational counselor; and (4) At least 70 CETA enrollees will be newly enrolled in the program and begin basic education skills training. b. Conduct diagnostic assessment of each program participant, upon initial enrollment, to determine the enrollee's learning style and attitudes, values, interests, and motivational level as related to training activities, such that: for at least 95% of those CETA enrollees who begin basic education skills training, such diagnostic assessment is completed within two (2) weeks following the date of initial enrollment of each participant. c. Develop an Individualized Learning Plan (ILP) for each enrollee, upon initial enrollment, which documents the results of the diagnostic assessment, and which, on the basis of these results and in accordance with the enrollee's Employability Development Plan (EDP) [as prepared by Contractor's CETA vocational counselors] , details an individualized curriculum for the enrollee, indicates a target skill level to be achieved by the enrollee in each general academic curriculum area (set forth in Paragraph l.d. below), and specifies the amount of training time that will be required to reach each such target skill level [not to exceed sixteen (16) weeks] , such that: for at least 95X of those CETA enrollees who begin basic education skills training, such an ILP is prepared within two (2) weeks following the date of initial enrollment of each participant. d. Provide classroom training and instruction (as set forth below) in general academic skills, including coverage of the following general academic curriculum areas: (1) Language arts; (2) Mathematics; (3) Study skills; (4) Communication; (5) Problem solving; and (6) Decision making. Initials6C�o_nt r a_ct o r County Dept. -1- 001 '13 SERVICE PLAN Number 2 "Q 4 33 5 — X e. Provide coaching and preparation of each program participant for successful completion of the State's standard G.E.D. test (as set forth below). f. Provide individualized training-support services (as set forth below) for program participants, as follows: (1) Counseling for participants, as needed, regarding learning adjustment in the training program, personal attitudes toward the program, available services, and related matters pertinent to the enrollee's progress in Contractor's program; (2) Certification of the daily attendance of enrollees in the program; (3) Preparation of an individual monthly report of enrollee progress in Contractor's program, and submission of said report to both the enrollee and the CETA vocational counselor who has referred the enrollee; (4) Referral of program participants to said vocational counselors for needed supportive services, including transportation, child care, and legal services; and (5) Referral of job-ready and nearly job-ready participants to said vocational counselors and to other job-finding resources and employment opportunities for job placement. g. Provide the above classroom training and instruction, coaching and preparation, and individualized training-support services (set forth in Paragraphs d., e., and f. above), such that: (1) At least 90% of the CETA enrollees who begin training in the classroom training program will remain enrolled in the program for at least thirty (30) days following the date of initial enrollment of each participant; (2) At least 75% of the CETA enrollees who begin training in the classroom training program will, within the training time established in their respective ILPs [ but in no case later than sixteen (16) weeks following the date of initial enrollment of each participant] , complete the program (i.e., achieve the target skill levels established in their respective ILPs, including achievement in all curriculum areas as set forth above, and successful completion of the G.E.D. test), or enter permanent, unsubsidized, full-time employment; during the term of this Contract, at least 52 CETA enrollees who are initially enrolled hereunder will complete the training program or enter permanent, unsubsidized, full-time employment; and (3) The Attendance Rate for the classroom training program will, for each month of the Contract term, be at least .85; with said Attendance Rate computed as: (Total enrollee-hours of actual attendance in class) (Total enrollee-hours of scheduled attendance, excluding regular enrollee holiday periods, but including all hours regularly scheduled for all enrollees) h. Develop an Individualized Lifelong Learning Flan for each enrollee, which specifies strategies for future learning (following participation in this training program) relevant to the enrollee's needs and interests, as identified in his/her EDP and ILP, such that: for at least 90% of those CETA enrollees who complete the program, such an Individualized Lifelong Learning Plan will be developed prior to each enrollee's completion of the program. i. Develop, submit, maintain on file with County, and comply with a Contractor's Statement of Enrollee Training Standards, in the form and manner prescribed by County, specifying applicable procedures for selection of participants, criteria for acceptance and retention in the program, and standards for successful completion of training. Initials: Con actor County Dept. -2- 001 }14 SERVICE PLAN Number 2 "Q 4 3 5 — 1 j. Develop and distribute to all participants, immediately upon initial enrollment, an instructional handbook covering: (1) Procedures for terminating participants from the training program; (2) Rules for absences, tardiness, and verification of attendance; and (3) Other necessary information regarding the classroom training program, including standards for student achievement. k. Provide all needed training equipment, materials, and supplies. 1. Provide classroom training services hereunder at least six hours per day, five days per week, on a continuous basis throughout the term of this Contract. m. Prepare, and submit to County and to the appropriate CETA vocational counselor, all CETA Individual Record Forms and other records required by County for documentation of classroom training services, such that: at least 95% of such required forms and records are accurately completed and submitted in the form and manner pre- scribed by County. 2. Administration. In- administering this program of CETA services, Contractor shall: a. Prepare, submit, and maintain on file with County's Manpower Project Office at all times, in the form and manner prescribed by County, a CETA Title I Program Operating Plan, which shall specify the total planned monthly expenditures and enrollment levels (i.e., cumulative number of enrollee entrances to and exits from participation) in each CETA service specified above, for each calendar month of the Contract term. Said Plan shall be subject to the prior written approval of the County Manpower Project Director and may be modified only upon Prior written approval of the County Manpower Project Director. b. Use its best efforts to ensure that services provided under this Contract are provided in accordance with the total planned monthly expenditures and enrollment levels specified in its CETA Title I Program Operating Plan, such that: actual performance on each such expenditure and enrollment category will not -deviate by more than fifteen (15) percent [or, for enrollment categories, by more than two (2) persons, whichever is greater] from the corresponding planned monthly performance, for each calendar month of the Contract term. c. Maintain an effective liaison and working relationship with County's. Manpower Project Office staff and with County's established CETA manpower program operators. 3. General Provisions. a* Participant Benefits and Working Conditions. If applicable, Contractor shall provide all appropriate enrollee wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 95.33(d)(4)(viii) and 98.24), including the provision of appropriate wages, workers' compensation insurance coverage, and other fringe benefits for enrollees in work experience positions. Work experience in the private-for-profit sector is prohibited. b. Participant Rights. Contractor shall advise all participants (i.e., applicants and enrollees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon receiving Contractor's services under this Contract. Contractor shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Contractor shall advise every participant prior to his entering upon employment (including work experience positions) of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. Initials: TJ Contractor County Dept. -3- 0011 '�j SERVICE PLAN Number 28 - 435 - 1 c. Monitoring. Contractor's services and performance under this Contract shall be monitored as follows: (1) Contractor's staff will attend workshops provided by County's Manpower Project Office staff on the use and preparation of required forms, reports, and records. (2) Contractor shall prepare and submit to County timely, accurate fiscal and Management Information System (MIS) reports, which will be reviewed regularly by County's Manpower Project Office staff. (3) Contractor's staff will meet at least once per quarter with County's Manpower Project Office staff to discuss the progress of the Contractor toward accomplishing established performance objectives and meeting applicable evaluation criteria, to assist Contractor's staff in solving administrative problems, and to assist Contractor in developing an effective program. d. Overtime and Staff Vacation Restrictions. Contractor shall not allow staff overtime under this Contract except as may be permitted under the Contractor's Detailed Expenditure Schedule, specified in Paragraph 4.b. below. Contractor shall require all employees funded under this Contract to take off the full amount of vacation time (which is accrued during the term of this Contract) before the Contract terminates. e. Travel Restrictions. Contractor shall not incur costs under this Contract for travel outside of Contra Costa County without first obtaining prior written authori— zation from the County's Manpower Project Director. f. Allowable Contract Costs. In accordance with Paragraph 3. (Allowable Costs), page 1, of the Payment Provisions, Contractor shall also determine its allowable costs under this Contract pursuant to CETA regulations (29 CFR Subtitle A, Sections 98.12 and 98.13), pertaining to: (1) General purposes for CETA expenditures, (2) Direct and indirect costs, (3) Policies and procedures, (4) Restrictions on use of funds, (5) Expenditures for building repairs, maintenance, and capital improvements, (6) Allowable cost categories, (7) Classification of costs by category, (8) Examples of properly chargeable costs, (9) Administrative costs, (10) Travel costs, and (11) Allocation of allowable costs among program activities. g. Protection of CETA Equipment. Contractor shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other service delivery, and any other property or supplies procured or otherwise acquired under this Contract. Contractor shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Contractor shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: _wo County Dept. —4- 00176, SERVICE PLAN Number 28 - 435 - 1 4. Budget of Estimated Program Expenditures. a. Program Budget. Contractor shall provide services under this Contract in accordance with the following budget of estimated program expenditures: Cost Categories Contract Tern (1) Administration $ 4,031 (2) Enrollee Training 19,496 (3) Manpower Services 9,853 (4) Enrollee Wages -0- (5) Enrollee Fringe Benefits $ -0- TOTAL (Contract Payment Limit) $ 33,380 b. Detailed Expenditure Schedule. The above budget shall be subject to a Contractor's Detailed Expenditure Schedule, which shall subcategorize in specific detail the above cost categories and line item budget amounts and shall be subject to approval by County. Contractor shall maintain a current Detailed Expenditure Schedule continuously on file with County's Manpower Project Office, in the form and manner prescribed by County. c. Changes in Expenditure Schedule. Subject to the Payment Limit of this Contract, each line item budget amount specified above may be changed, but only with prior written authorization from the County's Human Resources Agency Director or his designee. To accomplish this, Contractor shall submit to County a revised Detailed Expenditure Schedule (prior to implementation), showing any proposed changes in the subcategories and detailed line item budget amounts. Upon receiving prior written approval of its revised Detailed Expenditure Schedule from County, Contractor may implement the appropriate budget changes. Initials: � Cont ctor County Dept. -5- SPECIAL COYDITIONS (CETA Title I Programs) 2 R Number " 4 3 1 1. Compliance with Federal Requirements. Contractor shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title I of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 95, and 98, as published in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, and Vol. 42, No. 93, Friday, May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. (Project) of this Contract, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Contract, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. 4. Status of Participants. Program participants, including employees hired by Contractor, shall in no fray be considered employees or agents of County. Contractor is an independent contractor, and County shall neither direct nor have control over Contractor, its activities, or the methods and details by which Contractor fulfills its obligations under this Contract. In providing services hereunder, Contractor shall work cooperatively with the County Manpower Project Director. 5. Payment Adjustments. a. If any funds are expended by the Contractor in violation of the terms of this Contract (including all applicable statutes, regulations, guidelines, bulletins, and circulars) , County may deduct the amount of such unauthorized or illegal expenditures . from payments otherwise payable to Contractor in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Contractor to reduce program operations or salaries, wages, fringe benefits, or services for any program participant, including Contractor's staff, or to expend less during the effective term of this Contract than those amounts specified in the Budget of Estimated Program Expenditures included in the Service Plan. Any such reduction in expenditures may be deemed sufficient cause for termination of this Contract. Within thirty (30) days of request by County, Contractor shall reimburse County for any payments made for expenditures which are in violation of this Contract. b. Contractor shall indemnify County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Contractor. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Contractor. 6. Termination, Further Provision. This Contract may be terminated as specified in Paragraph 5. (Termination) , page 1, of the General Conditions, subject to the following: a. County's termination for failure of Contractor to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Contractor has been sent by County a written notice specifying the failure to perform and Contractor has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Contract, allowing the remainder of the Contract to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c. , shall occur only upon County's sending of notice thereof to Contractor. Initials: !' ontractor County Dept. -1- 00.1 '.8 SPECIAL CONDITIONS (CETA Title I Programs) Number "R _ L�" 3 5 _ 1 7. Statistics, Reports, and Records. Contractor shall keep and maintain such documents, records, and accounts as may be required by County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Contractor shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. 8. Child Labor. No person under I8 years of age shall be employed in any occupation which the U. S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age .will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Contractor shall comply with all applicable require- ments of Executive Order No. 11246, entitled "Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60) . Contractor hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Contractor shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin 29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Contract exceeds $100,000, Contractor shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended. Violations shall be reported to the U. S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. Program 'Management Requirements. Contractor shall establish and maintain internal program management procedures for the effective administration of its Contract program, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Contractor finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Contractor shall comply with Federal Management Circular FMC 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Contractor shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial information pertaining to its Contract program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Contract funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Contractor shall adequately safeguard all Contract funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Contract. r,r Initials: Contr ctor County Dept. -2- 001 `119 SPECIAL CONDITIONS (CETA Title I Programs) Number 28 - 435 - 1 13. ?roo_ erty Management Requirements. Contractor shall comply with applicable reeu=_...rents established by County or the U. S. Department of Labor governing the procure-ent, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500). Contractor shall establish a control s^stem to ensure adequate safeguards to prevent loss, damage, or theft to prope=r_:, including CETA equipment. l=. Prooerty Records. Contractor shall maintain accurate records of any CETA equ_p=aat and other such property procured with Contract funds or otherwise acquired ur.3er this Contract in accordance with requirements established by County or the U. S. Depar rent of Labor, including Federal Management Circular FMC 74-7, Attachment N, Parat-_aph 5.a. , pertaining to the maintenance of records to provide property description, idea=ification numbers, acquisition date and cost, source, location, use, condition, and disosition. Contractor shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Con._..ions, Contractor shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Contractor shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U. S. Department of Labor for such procurements with Contract funds, including Federal Ming nt Circular FMC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Con__actor shall: a. Maintain a code or standards of conduct governing the activities of its oL_T?cers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary- value from subcontractors or Dotential subcontractors. b. Conduct all procurement transactions- in a manner so as to provide maximum open and free competition and prevent conflicts of interest or noncompetitive practices whizh :=ay restrict or eliminate competition or otherwise restrain trade. c. Mare positive efforts to utilize small business and minority-owned business sources of equi-;—nt, supplies, and services and to allow these sources. the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Contract. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and tmfe3sible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Contractor's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. io. Nepotism. Contractor shall comply with the Federal restriction prohibiting repo:is= (29 CFR Subtitle A, Section 98.22). Pursuant thereto, Contractor shall not hire an,: person in an administrative capacity or staff position funded under this if a =amber of his o: her i=ediata family is already employed in an administrative capacity by Contractor. Initials: 00180 Contractor County Dept. -3- SPECL-kL CONDITIONS (CETA Title I Programs) Number 28 - 435 - 1 17. Davis-Bacon Wage Rates . Contractor shall comply with applicable regulations of the U. 'S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding payment of prevailing wage rates to all laborers and mechanics employed by Contractor or any subcontractor in any construction, alteration, or repair, including painting and decorating, of projects, buildings or works which are assisted under this Contract, in accordance with the Davis-Bacon Act, as amended. 18. Final Contract Closeout. In the event that the services provided by Contractor under this Contract are not purchased by County under a new contract following termination of the within Contract, Contractor shall comply with final Contract closeout procedures established by County or the U. S. Department of Labor. In such event: a. Contractor shall provide County, within 60 days following the termination of this Contract, all financial, program, performance, and other reports required by County under this Contract. b. Contractor shall account for any CETA equipment and other property, including supplies and materials, procured with Contract funds or otherwise acquired under this Contract. 'C. This Contract may be amended to extend the term for up to 60 days to allow Contractor to incur allowable administrative costs during said 60-day closeout period "for the purpose of initiating a final closeout of this Contract, preparing the above specified reports, and submitting said reports to County. d. Under any such Contract amendment, County may reimburse Contractor pursuant to Paragraph 4. (Payment Demands) , page 1, of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Contract or to the total amount of the amended Payment Limit, should the Payment Limit of this Contract be increased by County under said Contract amendment. 19. Assurances and Certifications. As a further condition, Contractor shall comply with those Federal requirements and make those assurances and certifications set forth in the "Assurances and Certifications" attached hereto, which are incorporated herein by reference. 20. Novation. The parties, having entered into a prior one-month start-up contract, Number 28-435 for the period from October 1, 19"77, through October 31, 1977, hereby agree to substitute this full 12-month Contract for the start-up contract to cover said period. Effective October 1, 1977, all contract rights and obligations of the parties will be governed by this full 12-month Contract. r Initials: / tractor County Dept. -4- 00181 ASSMR-ANCES AND CERTIFICATIONS (CETA Title I Programs) Number 28 - 435 - 1 Subject to the General and Special Conditions, Contractor assures and certifies that: A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973, as amended (CETA) (P.L. 93-203, 87 Stat. 839 and P.L. 93-567, 88 Stat. 1845) , hereinafter referred to as the Act, and with the regulations and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FMC) 74-4 and 74-7, as those circulars relate to the utilization of funds, the operation of programs, and maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revision that it cannot so conform, so that the County may take appropriate action including termination of this Contract, if necessary. 4. It possesses legal authority to enter into this Contract; a resolution, motion or similar action has been duly adopted or passed as an official act of the Contractor's governing body, authorizing the execution of this Contract, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Contractor to execute this Contract and to provide such additional information as may be required. 5. It will comply with- Title VI and VII of the .Civil Rights Act of 1964, (P.L. 88-352), and in accordance with Title VI and VII of that Act no person in the United States shall on the grounds of race, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimi- nation under any program or activity for which the Contractor receives Federal funding (including this Contract), and the Contractor will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964,(42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of a Contract activity is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the Contract-funded activity. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712) . B. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. 9. It will comply with the provisions of the Batch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)) . ,1 i Initials: Cont actor County Dept. 00182 -1- . ?SSL'R.:Lv,CSS AND CERT_IFICATIO`JS (CFTA Title I Programs) Number 28 - 435 -- 1 11. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties (section 702(x)) . 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Contract (section 713(2)) . 13. Participants in Contractor's program will not be -employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion. or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. Conditions of employment or training will be appropriate and reasonable with regard to the type of work, the geographical region and the proficiency of the Contractor (section 703(4)) . 16. It gill ensure provision of worker's compensation protection to participants in on-the-job training, work experience, or public service employment programs under the Act at the same level and to the same extent as other employees of the employer who are covered by a State or industry worker's compensation statute; and provision of worker's compensation insurance or medical and accident insurance for injury or disease resulting from their participation to those individuals engaged in any program activity under the Act, i.e., work experience, on-the--job training, public service employment, classroom training, services to participants, and other activities, where others similarly engaged are not covered by an applicable worker's compensation statute (sections 703(6) and 208(4)). 17. Its program will not result in the displacement of employed workers or i=air existing contracts for services or result in the substitution of Federal funds for other funds in connection with work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). 19. Training and related services will, to the maximum extent practicable, be . consistent with every individual's fullest capabilities and lead to employment opportunities which will enable participants to become economically self-sufficient (sections 703(9), 105(a)(6)). 20. Institutional skill training and training on the job shall only be for occupations in wl ich the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)) . 21. CEiA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Contract (section 703(11)) . 22. It will submit reports as required by the Secretary or the County and Will maintain records and provide access to them as necessary for the Secretary's or the County's review to assure that funds are being expended in accordance with the purposes and provisions of the Act, including the m4intenance of records to assist the Secretary or County in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . Initials: - r Contractor County Dept. -2- ASSLWANCES ?N'D CERTIFICATIO`S (CETA Title I Programs) L Number2 " " 3 5 ! 1 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)) . 24. Its program has adequate administrative and accounting controls, personnel standards, evaluation procedures, availability of in-service training and technical assistance programs, and other policies as may be necessary to promote the effective use of funds (section 703(14)). 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). 26. Individuals receiving training on the job shall be compensated by the employer at such rates, including periodic increases, as may be deemed reasonable under regulations prescribed by the Secretary, but in no event at a rate which is less than the highest of: (a) the minimum wage rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered e-ployment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (d) the minimum entrance rate for inexperienced workers in the same occupation in the establishment or, if the occupation is new to the establishment, the prevailing entrance rate for the occupation among other establishments in the community or area or any minim= rate required by an applicable collective bargaining agreement. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Contractor (sections 105(a)(1)(B) and 205(c) (1). 29. No funds Dade available under the Act shall be used for lobbying activities i= violation of 18 USCA 1913. 30. For contracts and subcontracts in excess of $100,000, or where the contracting officer has determined that orders under an indefinite quantity contract or subcontract in any year will exceed $100,000, or if a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857C-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Contract has been listed on the EPA List of Violating Facilities; (b) it will notify County, prior to award, of the receipt of any communication from the Director, Office of Federal Activities, U.S. Environmental Protection Agency, indicating that a facility to be utilized for this Contract is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt contract or subcontract. B. Additional Assurances for Title I Programs. In carrying out programs under Title I of the Act: 1. Manpower services, including job development, will be provided to those most in need of them including low income persons and persons of limited English-speaking ability, and that the need for continued funding of programs of demonstrated effectiveness is considered in serving such persons (section 105(a) (1) (D)) . 2. Programs of institutional skill training shall be designed for occupations in which skill shortages exist (section 105(a) (6)) . Initials: ' Contractor 'County Dept. -3- 1 ASSMILL C'S AVD C-'RTIFICATIONS (CE T_A Title I Programs) Number 2 S 4 3 5 — 1 3. Its program meets all the requirements of section 105(a) and the Contractor 112. cc--ply with all provisions of the Act (section 105(b)). 4. It will make such arrangements as are prescribed by regulation to assist the Secretary of Labor in carrying out his responsibilities under sections 105 and 108 of the Act (section 105(a) (7)) . 5. Special consideration will be given to the needs of eligible disabled rete-ran;, special veterans, and veterans who served in the Armed Forces and who received ot .=r than a dishonorable discharge within 4 years before the date of their application. Contractor, in selecting participants for programs funded under Title I of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veteres. The Contractor should utilize the assistance of the State and local veterans cloyment service representative in formulating its program objectives. On a continuing azd t=ely basis, information on job vacancies and training opportunities funded under Mit-le I of the Act shall be provided to the State and local veterans employment service representative for the purpose of disseminating information to eligible veterans (section 10+Co) of Emergency Jobs and Unemployment Assistance Act of 1974). Initials: Contractor County Dept. 001 8i -4- 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. (A-4616 REV 6/76) -1- 0�� J Contra Costa County Standard Form Y 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 trade 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. Nondiscriminaton-p 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- 001 K Contra Costa County Standard Fora GENER.0 CONDITIONS (Purchase of Services) 18. Idemnification. 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. J 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, "artinez, 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 §107) , such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property takes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code §107.6, and waives all rights to further notice or to damages under that or any comparable statute. (A-4616 REV 6/76) -3- In the Board of Supervisors of Contra Costa County, State of California December,, , 19 77 In the Malta of ` Authorising the County Manpower Project Director to Execute Certain CETA Contracts and Subgrant Agreements During the Week of December 5, 1977 The Board having this day authorized the Director, Human Resources Agency, to execute, on behalf of the County, full-term novation contracts With thirteen service providers (for a total of sixteen contracts) recommended for funding for CETA Title I manpower programs in Federal FY 77-78, upon approval of said contracts as to legal form by the Office of the County Counsel, and The Board having authorized (by its order dated September 20, 1977) the Director, Human Resources Agency, to execute, on behalf of the County, standard form Subgrant Agreements with forty-seven (47) CETA Title VI PSE Project Subgrantees With effective dates between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects, and The Board having considered the report and recommendations of the County Manpower Project Director regarding the need to execute certain of the above-cited CETA Title I Contracts and CETA Title VI Subgrant Agreements during the scheduled absence of the Director, Human Resources Agency, in the week of December 5, 1977, through December 9, 1977, IT IS BY THE BOARD ORDERED that the County Manpower Project Director is AUTHORIZED, as an alternate in the absence of the Director, Human Resources Agency, to execute, on behalf of the .County, such CETA Title I Contracts and CETA Title VI Subgrant Agreements as may be needed during said week, subject to the availability of funding. PASSED BY THE BOARD on December 6, 1977. 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 Orig: Human Resources Agency Supervisors Attn: Contracts & Grants Unit 6th December cc: County Administrator afriixed this day of 19 77 County Auditor-Controller County Manpower Project J. R. OLSSON, Clerk Director dr ,`�� �,L��- Doty Clerk Jeanne 0. Maglio 0071 b9 H-24 3/76 ISm RJP:dg In the Board of Supervisors of Contra Costa County, State of California December 6 , 19 77 In the Mager of Amending the September 20, 1977 Board Order authorizing execution of Subgrant Agreements with Forty-Seven CETA Title VI PSE Project Subgrantees The Board having authorized, by its Order dated September 20, 1977, the Director, Human Resources Agency, to .execute Subgrant Agreements with forty-seven designated CETA Title VI PSE Project Subgrantees, including the City of Antioch, Martinez Unified School District, and Antioch Unified School District, for full implementation of 122 Public Service Employment projects during the period June 20, 1977 to September 30, 1978, and The Board having considered the recommendation of the Director, Human Resources Agency, regarding the need to change the project payment limit amount and number of jobs authorized for certain PSE projects conducted by the City of Antioch, Martinez Unified School District, and Antioch Unified School District, in order to reflect recent programmatic and budgetary adjust- ments made in accordance with guidelines established by the County Manpower Advisory Council; IT IS BY THE BOARD ORDERED that said September 20, 1977 Board Order is HEREBY AMENDED to change the amount of the "Maximum 12-Month Project Payment Limit" set forth in the "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart" for Projects #170 and #171 conducted by the City of Antioch, for Project #146B conducted by Martinez Unified School District, and for Project #116 conducted by Antioch Unified School District; to change the "Number of Jobs" set forth in said Specifications Chart for said Project #116; and to change the amount of the "Maximum Subgrant Agreement Payment Limit" set forth in said Specifications Chart for each of the three aforementioned PSE Project subgrantees, as specified in the attached Amended Specifications Chart, while all other parts of said Board Order remain unchanged and in full force and effect. PASSED BY THE BOARD on December 6, 1977. 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 Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this 6th day of December 1977 County Auditor-Controller County Manpower Project J. R. OLSSON, Clerk Director Subgrantees BDeputy Clerk ,(/-Jeanne 0. Magllb RJP:dg H-24 4/77 15m JLl ti (Attachment to 12/6/77 Board Order) cr) A M E N D E D S P E C I F I C A T 1 0 N S C H A R T NUMBER MAXIMUM 12-MONTH PROJECT MAXIMUM SUBGRANT AGREEMENT PROJECT OF JOBS PAYMENT LIMIT PAYMENT LIMIT SUBGRANTEE NUMBER Previous New Previous New Previous New City of Antioch 169 3 unchanged $ 42,000 unchanged 170 6 of $ 78,416 80,832 171 3 41,105 42,210 172 1 12,400 unchanged $ 173,921 177,442 Antioch Unified School District 116 4 2 $ 57,107 $ 24,957 117 4 unchanged $ 57,107 unchanged 136 2 Is $ 26,954 137 1 to $ 11,632 138 4 it $ 56,712 $ 209,512 $ 177,362 Martinez Unified School District 146 5 unchanged $ 62,000 unchanged 1468 2 $ 29,058 $ 28,481 $ 91,058 $ 90,481 In the Board of Supervisors of Contra Costa County, State of California December 6 , 1977 In the Matter of Mowing, Hoeing and Removal of AS EX-OFFICIO THE GOVERNING Rubbish for Fire Hazard Abate- BOARD OF THE CONTRA COSTA ment in Contra Costa County Fire COUNTY FIRE PROTECTION DISTRICT Protection District for the Period January 1, 1978 through September 30, 1978 Bidder Total Amount Bond Amounts Osborn Spray Service $22,085 Labor & Mats. $22,085 934 Diablo Road Faith. Perf. 22,085 Danville, CA Spilker Tree Service Inc. 2368 Bates Avenue Concord, CA The above-captioned project and the specifications therefor being approved, bids being duly invited and received, the Chief, Contra Costa County Fire Protection District, recommending that the bid listed first above is the lowest responsible bid and this Board concurring and so finding; IT IS ORDERED that the contract for the furnishing of labor and materials for said work is awarded to said first listed bidder at the listed amount and at the unit prices submitted in said bid; and that said contractor shall present two good and sufficient surety bonds as indicated above; and that the Contra Costa County Fire Protection District shall prepare the contract therefor; IT IS FURTHER ORDERED that, after the contractor has signed the contract and returned it together with bonds as noted above and any required certificates of insurance, and the County Counsel has reviewed and approved them as to form, the Chairman of the Board is authorized to sign the contract for this Board; IT IS FURTHER ORDERED that, upon signature of the contract by the Board Chairman, the bonds posted by the other bidders are to be exonerated and any checks submitted for security shall be returned. Passed by the Board on December 6, 1977. 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: Administrator Witness my hand and the Seal of the Board of cc: Fire District Supervisors Contractor affixed this6th day of December . 19 77 County Counsel Auditor-Controller J. R. OLSSON, Clerk Deputy Clerk Maxine M. Neufeld H-24 4/77 15m ABATEMENT CONTRACT FILED MOWING, HOEING, AND RUBBISH REMOVAL FEB 7 jgfa (Agreement) J. R. OLS:ON CLERK BOARD 0. SUP:RVISORS CONYRA C SiA B .De ury .. . ......CO.CO.. 1-. SPECIAL TERMS. These special terms are incorporated below by rete ce. 0§2,3) Parties: [Public Agency] Contra Costa County Fire Protection District [Contractor] OSBORN SPRAY SERVICE 934 DIABLO RD., DANVILLE, CA 94526 (§2) Effective Date: January 1, 1978 [see §4 for starting date.] (§3) The Work: The Contractor will at its own cost and expense, in a workmanlike manner, faithfully and fully do all the work and furnish all the equipment and materials necessary to complete, in accordance with the Abatement Specifications and related contract documents hereinafter mentioned, to the satisfaction of the Fire Chief of the Public Agency, the correction and abatement of fire hazards from the properties set forth by the Public Agency. (§4) Completion Time: The work shall be completed as set forth by the Public Agency in Orders to be issued. (95) Public Agency's Agent: Fire Chief of the Public Agency. (§6) Contract Price: $ 22,085.00 (for unit price contracts, more or less, in accordance with finished quantities at unit bid prices.) i 2. SIGNATURES & ACKNOWLED I X 1.Schrodei► Public Agency By:''- . (President, Chairman or other Designated Representative) Deputy Clerk Contractor, hereby also acknowledging awaremess of and compliance with Labor Code 91861 concerning Workmen's Compensation Law. By: l`G���r� s3.. /��YE [CORPORATE SEAL] Designate official capacity in the busines97 By: Designate official capacity in the business Note to Contractor (1) Execute acknowledgment form below, and (2) if a coMoration, affix Corporate Seal. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - State of California ) ACKNOWLEDGMENT (by Corporation, County of Contra Costa ) ss. Partnership, or Individual) The person(s) signing above for Contractor, known to me in individual and business capacity as stated, personally appeared bef me today and acknowledged that he/they executed it and--%.--- u r , w ship named above executed it. Dated: -17174/ L AL NOTARY PUBLIC - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MICHAEL D. FARR Form Approved: J. B. CLAUSEN By: County Counsel Deputy 00193 M 78 AC 1 Microfilmed with board order 3. WORK CONTRACT, CHANGES. (a) By their signatures in Section 2, effective on the above date, these parties promise and agree as set forth in this contract, incorpor- ating by these references the material ("special terms") in Sec. 1. (b) Contractor shall, at his own cost and expense, and in a workmanlike manner, fully and faith- fully perform and complete the work; and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's Notice To Contractors, Proposal, Orders, and Abatement Specifications. (c) The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties; and the Public Agency shall never have to pay more than specified in Sec. 7 without such an order. 4. TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in the Orders and shall complete it as specified in Sec. 1. 5. INTEGRATED DOCUMENTS. The Notice to Contractors, Bid Proposal, Orders and Abate- ment Specifications or special provisions of the Public Agency's Call for bids, and Contractor's accepted bid for this work are hereby incorporated into this contract, and they are intended to cooperate, so that anything exhibited in the Notice To Contractors, Bid Proposal, and Orders not mentioned in the Abatement Specifications or special provisions, or vice versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Sec. 1. 6. PAYMENT. For his strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Public Agency shall pay the Contractor the sum specified in Sec. 1, except that in this unit price contract, the payment shall be for finished quantities (parcels and/or hours) at unit bid prices in accord- ance with the Abatement Specifications. 7. PAYMENTS WITHHELD. (a) The Public Agency or its agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) defective work not remedied, or uncompleted work, or (2) claims filed or reasonable evidence indicating probable filing, or (3) failure to properly pay subcontractors or for material or labor, or (4) reasonable doubt that the work can be completed for the balance then unpaid, or (5) damage to another contractor, or (6) damage to the Public Agency, other than damage due to delay. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor, as the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its Notice of Completion of the entire work, or five (5) working days after December 10th, whichever is later, it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract, provided the Contractor shows that all claims for labor and materials have been paid, no claims have been presented to the Public Agency based on acts or omissions of the Contractor and no liens or withhold notices have been filed against the work or site, and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor. 8. INSURANCE. (Labor Code H 1860-61) On signing this contract, contractor must give Public Agency (1) a certificate of consent to self-insure issued by the Director of Industrial Relations, or (2) a certificate of Workmen's Compensation Insurance issued by an admitted insurer, or (3) an exact copy or duplicatd thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Sec. 3700 and the Workmen's Compensation Law. -2- O 1 194 M78AC 2 9. BONDS. On signing this contract, Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties, in amount(s) specified in the specifications or special provisions, guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. 10. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects, without fault of the Public Agency or its agent(s), to supply sufficient materials or work- men to complete this agreement and work as provided herein, for a period of 10 days or more after written notice thereof by the Public Agency, the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. The Public Agency may terminate this contract by registered mail where the Contractor fails to provide sufficient workmen and equipment as previously ordered. The Public Agency's determination shall be final and conclusive as to sufficiency of workmen and equipment. 11. LAWS APPLY. General. Both parties recognize the applicability of various federal, state and local laws and regulations, especially Chapter 1 of Part 7 of the California Labor Code (beginning with Sec. 1720, and including Secs. 1735, 1777.5, and 1777.6 forbidding discrimination) and intend that this contract complies therewith. The parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor Code, especially in Secs. 1775 and 1813, concerning prevailing wages and hours, shall apply to this contract as though fully stipulated herein. 12. SUBCONTRACTORS. Government Code H 4100-4113 are incorporated herein. 13. WAGE RATES. (a) Pursuant to Labor Code Sec. 1773, the Director of the Department of Industrial Relations has ascertained the general prevailing rate of wages per diem, and for holiday and overtime work, in the locality in which this work is to be performed for each craft, classification, or type of workman needed to execute this contract, and said rate is on file with the Clerk of the Board of Supervisors, and is incorporated by reference thereto, the same as if set forth in full herein. (b) This schedule of wages is based on a working day of 8 hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the number of hours constituting the working day. When less than that number of hours are worked, the daily wage rate is proportionately reduced, but the hourly rate remains as stated. (c) The Contractor, and all his subcontractors, must pay at least these rates to all persons on this work, including all travel, subsistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for the Contractor or any subcontractor to employ any person in a craft, classification or type of work (except executive, supervisory, administrative, clerical or other non-manual workers as such) for which no minimum wage rate is speci- fied, the Contractor shall immediately notify the Public Agency which shall promplty determine the prevailing wage rate therefore and furnish the Contractor with the minimum rate based thereon, which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 14. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work, and no workman employed at any time on this work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Secs. 1810-1815. 15. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Secs. 1777.5 and 1777.6, forbidding discrimination. -3- M78AC 3 16. PREFERENCE FOR MATERIALS. The Public Agency desires to promote the industries and economy of Contra Costa County, and the Contractor therefore promises to use the products, workmen, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 17. ASSIGNMENT. This agreement binds the heirs, successors, assigns, and repre- sentatives of the Contractor; but he cannot assign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Public Agency and the Contractor's surety or sureties, unless they have waived notice of assignment. 18. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of this contract, or acceptance of the whole or any part of said work and/or materials, or payments therefore, or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 19. BOLD HARMLESS & INDEMNITY. (a) Contractor promises to and shall hold harm- less and indemnify from the liabilities as defined in this section. (b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards, commissions, officers, agents and employees. (c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, including personal injury, death, property damage, inverse condemnation, or any combination of these, regardless or whether or not such liability, claim or damage was unforeseeable at any time before the Public Agency approved the improvement plan or accepted the improvements as completed, and including the defense of any suit(s) or action(s) at law or equity concerning these. (d) The actions causing liability are any act or omission (negligent or non-negli- gent) in connection with the matters covered by this contract and attributable to the contractor, subcontractor(s), or any officer(s), agent(s), or employee(s) of one or more of them. (e) Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or approved any plan(s), drawing(s), specification(s), or special provision(s) in connection with this work, 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 Indemnitee. -4- 001 � M78AC 4 STATE OF California COUNTY OF San Francisco as: On this 20th day of December in the year one thousand nine hundred • and 77 ,before me Lillian Horton a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally ap- peared Viola M. Cheever known to me to be the duly authorized Attorney-in-Fact of the TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his own name as Attorney-in-Fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cer- tificate`first-above wnttea r> =.Y HCRTON 9" ' S�"' FRA,"101SC0 6� tai �,�y commission Sxpiras Notary Publie in and for said only and State ,%ay Ii, 24s2 t t Ti�ronw�ca Group fr.„Try Tsa r .0�a.. L E inar�r�ce frumTranmerin F r a r7a T 115811181' IC8 A STOCK C PANT NOME OFFICE: LOS ANGELES, CALIFORNIA MIMI . �. cods ..co. eou.D . Bond No. 5261-06-45 _ ..Y.�.... .... Prewiia $110.00 PERFORMANCE-PUBLIC WORK (CALIFORNIA) KNOW ALL MEN BY THESE PRESENTS: That we......OS -Shy SERVICE .............................. ..............................................................--•---•---•-..._..........._--------.......934 Diablo Rd.� Datnrille:..CA.....94526 ............................ as principal, and TRANSAMERICA INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California and duly authorized to transact business in the State of California, as surety,are held and firmly bound unto.....CONTRA-COSTA.COUNTY FIRB PROTBC1i ON ....... -•.................................. ................... ......................••-....--••---._....__....-•---......._.._.....-••------•-------•--.......----•----•--........._....--•----•---•--•--.........---..............._---•--........... ................................................•-----•----•-•---.....---•-----•--..........------•-------•--••---------............---•--•--....--•-•---.........----••......----...... in the sum of.....�i1-F.M---2W.. AN!?_-.NVA.0.01: .. DOLLARS, ($___ZL085xQ ....... for the payment whereof well and truly to be made we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SEALED, with our seals and dated this......... 0th._day of..................rfec.ewber..................A.D. 19...2I... THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the above named bounden........IrincipAl........................................................entered into a contract dated......Jaawry.1,.......... 19-.78....with the said...........Db1igae......................................................................................................................... by the terms and conditions of which said contract said...Principal.................................................................... agreed to---The--Cootractor._vill..at._i 1.ovn..coet.and._ezpense, in a workmanlike..uwnnes,...fai.th;Eutll.X._aQd-•fully do__all..the--work--and.•furnish•_all-the equippeat and materialr�t._n�ec�saaty._><Q..CctcvBJe-1<e,•-in accordance w th._the,Abateaent Spec fica-- - - and related cDntzact._docu�aeAtil...h�� i.pe#�€�..mentionedx to-the-satiafact on of the Tire Chief of the ----- -•---- P 1 c e the correction and abatement of fire hazards row tf�e properties set forth by --------•--•---•-------•-----•--•--•-----------•-----------------------•--------.-------•--------•----..--.--------------•-----------------••----- an urms c enw r*k and material necessary therefor,in accordance with the plans and specifications there- for,as will more fully appear in said contract,reference to which is hereby made: NOW, THEREFORE, if the above bounden.............Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation to be null and void;otherwise to remain in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than the said....................Qbluee....................................................................... OSBORN SPRAY SERVICE Bp.....- ....................................... RANSAMERICA INSURANCE COMPANY Viola M. Cheever, Attorney-in-Fact~ at..$aa..Fraacisco, CA.._.....- s ............................•---.........................................._...--••---•--•--- 00198 7n AUTHORITY OF SIGNERS FOR SURETY Transcripts from the By-Laws TrOMMMOA Impffi ce ConWny 1, the undersigned, Secretary of TRANSAMERICA INSURANCE COMPANY, do hereby certify: That the following have been duly appointed Resident Officers or Attorneys-in-Fact of TRANSAMERICA INSURANCE COMPANY with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, any and all bonds, undertakings, and any instrument given in connection therewith or pertaining thereto. and to bind TRANSAMERICA INSURANCE COMPANY thereby. I do further certify that the authority of the Resident Officers or Attorneys-in-Fact, hereinafter listed, is in full force and effect. RESIDENT RESIDENT ATTORNEYS PLACE VICE PRESIDENTS SECRETARIES IN FACT San Francisco, Robert A. Miller Robert A. Miller Robert A. Miller California W. N. Jaccard W. N. Jaccard W. N. Jaccard J. S. Pearce J. S. Pearce J. S. Pearce ---------------- Viola M. Cheever Viola X. Cheever It I do further certify that the following transcript from Article VII of the By-Laws of TRANSAMERICA INSURANCE COMPANY is a just, true and correct copy of the original thereof and is still in full force and effect: ARTICLE VII SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity, endorsements, stipulations, waivers, consents of sureties, re-insurance acceptances or agreements, surety and co-surety obliga- tions and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney-in-Fact authorized to so sign by(i)the Board of Directors, (ii)the President, (iii)any Vice President, or (iv) any other person empowered by the Board of Directors, the President or any Vice President to give such authorization; pro- vided that all policies of insurance shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shalt not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. This certification is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of TRANSAMERICA INSURANCE COMPANY at a meeting duly called and held on the 27th day of December, 1962: RESOLVED, that the signature of the Secretary and the seat of the Company may be affixed to any Certificate of appointment of Resident Officers or Attorneys-in-Fact by facsimile, and any such Certificate bearing such facsimile signature seal shall be valid and binding upon the Company when so affixed, and in the future, with respect to any bond, undertaking or contract of surety- ship or any document Or notice pertaining thereto, to which it is attached. Given under my hand and the seal of the Company. this 20th day of December 19 77 1723 STATE OF California COUNTY OF San Francisco ; On this 20th day of December the year one thousand nine hundred and 77 before,,,,o Lillian Horton ,a Notary Public in and for the said County and State,residing therein, duly commissioned and sworn, personally ap. geared_ Viola M. Cheever _known to me to be the duly authorized Attorney-in-Fact of the TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his own name as Attorney-in-Fact. a IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this cer- tificate first above written. i 43 . 1 Notary Public In and for said County and State �14 My Commission Exeires May 112981 .r Bra�pprrfymtd Casualty n nceTPensartieM Inst R F.9 ' Irons 71-ansanterica Gt un r mer�ce Insur�ceEAL y A STOCK COMP NY r t B / ��' HOME OFFICE: LOS ANGELES, CALIFORNIA f'raEA J. R. OLSo� Bond No. 5261-06-45 CLERK BOARD QF SUFcRVI50RS Premium included in the CONTRA CO iA CQ. - D MATERIAL Performance Bond PAYMENT BOND - PUBLIC WORK (Califomia) KNOW ALL MEN BY THESE PRESENTS: That we, OSBORN SPRAY SERVICE 934 Diablo Rd., Danville, CA. 94526 , as Principal and the TRANSAMERICA INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of Cali- fornia and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the State of California for the use and benefit of the State Treasureras ex officio treasurer and custodian of the Unemployment Fund and any and all materialmen, person, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid, in the sum of TWENTY TWO TNOIBAID EIGHTY FIVE AMID NO/100ths- - - - - - - - - - - - - - - Dollars ($ 22,085.00 ), lawful money of the United States of America, for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed with our seals and dated this 20th day of December, 1977 The condition of the foregoing obligation is such that, whereas the above-bounden Principal has entered into a contract dated_ January 1, 1978 , with CONTRA COSTA COUNTY FIRE PROTECTION to do and perform the following work, to-wit; The Contractor will at its own cost and expense, in a workmanlike meaner, faithfully and fully do all the work and furnish all the equipment and materials necessary to complete, in accordance with the Abatement Specifications and related contract docuftnts hereinafter mentioned, to the satisfaction of the Fire Chief of the Public Agency, the correction and abatement of fire hazards from the properties set forth by the Public Agency. NOW, THEREFORE, if the above-bounden Principal, or it's sub-contractor, fails to pay for any materials, provisions, provender or other supplies or teams, used in, upon, for or about the performance of the work contracted to be done under said contract, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, the Surety on this bond will pay the same, in an a amount not exceeding the sum specified in this bond, and, also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the Court and to be taxed as costs ano to be included in the judgment therein rendered; PROVIDED that this bond is filed by the principal to comply with the provisions of California Civil Code Title XV Works of Improvement Chapter 7 and any acts amendatory thereof. Q,SI-4- N S SAY SERVICE � $y Principal '!C8 M�ICY ridl�l�i Viola N. Cheever, Attorney-in-Fact 10727 • AUTHORITY OF SIGNERS FOR SURETY Transcripts from the By-Laws TI'8t1S-----I Ica Impffltce ty I, the undersigned, Secretary of TRANSAMERICA INSURANCE COMPANY, do hereby certify: That the following have been duly appointed Resident Officers or Attorneys-in-Fact of TRANSAMERICA INSURANCE COMPANY with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, any and all bonds, undertakings, and any instrument given in connection therewith or pertaining thereto. and to bind TRANSAMERICA INSURANCE COMPANY thereby. I do further certify that the authority of the Resident Officers or Attorneys-in-Fact, hereinafter listed, is in full force and effect. RESIDENT RESIDENT ATTORNEYS PLACE VICE PRESIDENTS SECRETARIES IN FACT San Francisco, Robert A. Miller Robert A. Miller Robert A. Miller California W. N. Jaccard W. N. Jaccard W. N. Jaccard J. S. Pearce J. S. Pearce J. S. Pearce ---------------- Viola M. Cheever Viola M. Cheever 1 do further certify that the following transcript from Article VII of the By-Laws of TRANSAMERICA INSURANCE COMPANY is a just, true and correct copy of the original thereof and is still in full force and effect: ARTICLE VII SECTION 30. All policies, bonds,undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity, endorsements, stipulations, waivers, consents of sureties, re-insurance acceptances or agreements, surety and co-surety obliga- tions and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney-in-Fact authorized to so sign by(i)the Board of Directors, (ii)the President, (iii)any Vice President, or (iv) any other Derson empowered by the Board of Directors, the President or any Vice President to give such authorization; pro- vided that all policies of insurance shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. This certification is signed and sealed by facsimile under and by the airthority of the following resolution adopted by the Board of Directors of TRANSAMERICA INSURANCE COMPANY at a meeting duly called and held on the 27th day of December, 1962: RESOLVED, that the signature of the Secretary and the seal of the Company may be affixed to any Certificate of appointment of Resident Officers or Attorneys-in-Fact by facsimile, and any such Certificate bearing such facsimile signature seal shall be valid and binding upon the Company when so affixed, and in the future, with respect to any bond, undertaking or contract of surety- ship or any document or notice pertaining thereto, to which it is attached. Given under my hand and the seal of the Company, this 20th day of December 19 77 1723 flG 01 _ -'s 'e �-r i" { r 1•"{x^,'•.3- (• 'G✓' _ s w '3•t te:"�Y�:.'•-eYA.Sani t'i. ._ 'v r�..� � ..�y:_a..t �''�.T�C ! .•11 7 � i �'� 17 S � 7 �� j -_• a ♦. ._ "t+ka...ti T��'�~ � ' t-. t? .II ( til c •I.t_-. .Ir t:.i•.'i tI n, t 1...a_•k�++..r �,'Ry - -:=�1J+c. ..l:..I: a.=J�..'-' L'17't...17.7n . I • "j..1. ., 1 �:�•^ ia .� ( .A.IJ:•j t7 _=7-77, at 'rI N»:E •_� AND ADDRESS O` AGENCY CO?9PANIES AFFORDING COVERAGES LUNDBERG & ASSOCIATES P. 0. BOX 591 COMPANY LETTER ROYAL GLOBE INSURANCE COMPANY FRESNO, CALIFORNIA 93709 - COMPANY LETTER Laf t NAME AND ADDRESS OF INSURED COMPANY OSBORN SPRAYING SERVICE AND JIM LEITER OSBORN AND MAC OSBORN, AS INDIVIDUALS COMPANY T 934 DIABLO ROAD LETTER f D.ANVILLE, CALIFORNIA 94526 COMPANY LETTER I - S This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. COMPANY POLICYLimits of Liability in Thousan s s". LETTER TYPE OF INSURANCE POLICYNW28ER EXPIRATION DArE EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY INJURY 1500,000 s500,000.. A [CO),IPPEHE%S ;E FOR:! PYN 35 20 18 4/15/77 ,`` ❑PRE?Eti£S—OP;Pai^.S PROPERTY DAMAGE $500,000 1500,000._ a EXPLOSION AND COLLAPSE HAZARD UNDERC°OUND HAZARD r PPODUCTS CO`.IPLETED OPERATIONS HAZARD BODILY INJURY AND ❑CONTRACTUAL I%SURAVCE PROPERTY DAMAGE i BROAD FORM PROPERTY COMBMNED s DAMAGE D INDEPENDENT CONTRACTORS ' P£RSOM1AL LV JURY L 'Applies to Products/Completed ' 1 ODeratiomHarard. `.v ALITONIOB1LE LIABILITY y BODILY IF,JURf (EeCH PEW ON) 5 ❑CO'•:FnEHEC7SI`:_ FORLt '�' " �-7 J. P.• CLS O BODILY INJURY $ LJ ORwEC CLERK BOARD O, SU O)SOBS (EACH y CURREr:CE) Jfi !Oy C STA �PutY PROPERTY DA:' CE HIRED !/lf j t_J KO\-0t^\ED B BODILY INJURY AND ." y PROPERTY DAMAGE s COMBINED EXCESS LIABILITY I BODILY INJURY AND U U=MBRELLA FOPS1 • I PROPERrY DAMAGE `- i OTHER THAN UMBRELLA COMBINED FORM K. :YAR{:�J'COL??E\SATI0:7j ( STArurORY and 1 (� 1 __ PLOYERS'LIABILITY -,x i`. 1 OTHER �,,,.`.�i:J. :.� OTEPATIJ'u'LOC>itQ':31•EIC,:__5 BY ENDORSEMENT TO POLICY NUMBER PYN 35 20 18, CONTRA COSTA COUNTY FIRE PROTECTION DISTR=ICT, ITS OFFICER, EMPLOYEES AND AGENTS ARE NAMED AS ADDITIONAL INSUREDS SOLELY AS RESPECTS THE JOB DESCRIBED ON THE ATTACHED ENDORSEMENT, FORP1 CL200290 S"ou!-: a:ly _tf the :ioo e dejc:-e;t UOlt:i:.; bE, cancel!`.. rJ�;�.•a •s.. r,,rJtt` 'E L O:. e sSUII-1Q COT)' to mail 10— lays ::ritten -.0"ice t0 t~e G .'J. na I-a Cz�rtlricate holder, but failure t0 j rrail such r,atice ;hall impos.-,no obli-ition ar liability cf any;cin;;upon th ccr„pany. I r—_ -- I ti.:•c-.'J ^,FESS OF;:p't=••'r,?:HOiCER - i 1CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT :s'F t;�FD OCTOBER 4, 1977 i 12010 GEARY ROAD 1 (PLEASANT HILL, CALIFORNIA 94523 ' n - A (IIOR:ZED REPltESENraTlvc 01. )202 7/76 , ENDORSEMENT ��.tpL-clo� Type.policy number only, in this section above the heavy line, IF issued with policy and attachment stater, F in policy declarations. Unless otherwise stated, this endorsement forms a part of the policy to which SIGNED BY �ktgaA10 attached as of issue, provided such attachment is stated in-the policy declarations. m Otherwise, this endorsement is issued for attachment to and farms a part of the - policy numbered below, effective-only on the date indicated on this endorsementAUTHORIZE E RESENTA7IVE C but at the same time or hour of the day as the policy became effective. COMPANY PREMIUM END.EFF.DATE POLICY SYMWL&NUMSEA (MO.,DAY,YR.) ROYAL GLOBE INSURANCE COMPANY ❑ aaa'1. ❑ Return $ 110/1/77 1 PYN 35 20 18 Named Insured(and address,zip code,when necessary for mailing) Producer(and address,zip code,for mailing) FOSBORN SPRAYING SERVICE AND JIM P. C. 0. C. OSBORN AND MAC OSBORN, AS INDIVIDUALS LUNDBERG & ASSOCIATES 934 DIABLO ROAD P. 0. BOX 591 LDANVILLE, CALIFORNIA 94526 J L FRESNO, CALIFORNIA 93709) IT IS HEREBY AGREED THAT THE FOLL014ING JOB DESCRIPTION IS MADE A PART OF THE ATTACHED _ CERTIFICATE OF INSURANCE, FORM ACORD-25: TAE CONTRACTOR WILL AT ITS OWN COST AND EXPENSE, IN A WORKMANLIKE MANNER, FAITH- FULLY AND FULLY DO ALL THE WORK AND FURNISH ALL THE EQUIPMENT AND MATERIALS NECESSARY TO COMPLETE, IN ACCORDANCE WITH THE ABATEMENT SPECIFICATIONS AND RELATED CONTRACT DOCUMENTS HEREINAFTER MENTIONED, TO THE SATISFACTION OF THE FIRE CHIEF OF THE PUBLIC AGENCY, THE CORRECTION AND ABATEMENT OF FIRE HAZARDS FROM THE PROPERTIES SET FORTH BY THE PUBLIC AGENCY. CL 20029Q—Sets y :« {M r 00203 In the Board of Supervisors of Contra Costa County, State of California December 6 , 19 77 In the Matter of _ Discing and Dozing for Fire AS EX-OFFICIO THE GOVERNING Hazard Abatement in Contra Costa BOARD OF THE CONTRA COSTA County Fire Protection District COUNTY FIRE PROTECTION DISTRICT for the Period January 1, 1978 through September 30, 1978 Bidder Total Amount Bond Amounts Lawrence Johnson $56,815 Labor & Mats. $56,815 21 Canada Cove Faith. Perf. 56,815 Half Moon Bay, CA Spilker Tree Service Inc. 2368 Bates Avenue Concord, CA The above-captioned project and the specifications therefor being approved, bids being duly invited and received, the Chief, Contra Costa County Fire Protection District, recommending that the bid listed first above is the lowest responsible bid and this Board concurring and so finding; IT IS ORDERED that the contract for the furnishing of labor and materials for said work is awarded to said first listed bidder at the listed amount and at the unit prices submitted in said bid; and that said contractor shall present two good and sufficient surety bonds as indicated above; and that the Contra Costa County Fire Protection District shall prepare the contract therefor; IT IS FURTHER ORDERED that, after the contractor has signed the contract and returned it together with bonds as noted above and any required certificates of insurance, and the County Counsel has reviewed and approved them as to form, the Chairman of the Board is authorized to sign the contract for this Board; IT IS FURTHER ORDERED that, upon signature of the contract by the Board Chairman, the bonds posted by the other bidders are to be exonerated and any checks submitted for security shall be returned. Passed by the Board on December 6, 1977. 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: Administrator Witness my hand and the Seal of the Board of cc: Fire District Supervisors Contractor affixed this 6th day of December 19 County Counsel Auditor-Controller J. R. OLSSON. Clerk B� 21/1 Deputy Clerk Maxine M. Neuiefd 0204 H-24 4/77 15m F L E ABATEMENT CONTRACT WEED ABATEMENT BY DISCING AND DOZING FEB-2s i Q7.S (Agreement) J. P. O:S O.V CLERK BOARD OF SUPc;ZV so25 4 CGN72A COSTA CO. B'+ L 1. SPECIAL TERMS. These special terms are incorporated below by re erence. (§§2,3) Parties: [Public Agency] Contra Costa County Fire Protection District [Contractor] LA14RRTCE JOHNSON 840 E. CARMEN AVE., •FRESNO, CA 93728 (§2) Effective Date: January 1, 1978 [see §4 for starting date.] (§3) The Work: The Contractor will at its own cost and expense, in a worlmanlike manner, faithfully and fully do all the work and furnish all the equipment and materials necessary to complete, in accordance with the Abatement Specifications and related contract documents hereinafter mentioned, to the satisfaction of the Fire Chief of the Public Agency, the correction and abatement of fire hazards from the properties set forth by the Public Agency. (§4) Completion Time: The work shall be completed asset forth by the Public Agency in- Abatement Specifications. (§5) Public Agency's Agent: Fire Chief of the Public Agency. (§6) Contract Price: $ 56815.00 (for unit price contracts, more or less, in accordance with finished quantities at unit bid prices.) � �� � 2. SIGIlATURES � A Xrlp: DrT.,I r� ' Public A 4��, G / , ,13Od►d of Supervisors esy {plwiirwt, Chairman owmeo*w INV. N. BOgge` ) (� . ePuty Clerk 'Contractor, hereby also acknowledging awaremess of and compliance with Labor Code §1861 concerning Workmen's Compensation Law. By: [CORPORATE SEAL] Des ate offici acity in the business By: Designate off id al cap in the business Note to Contractor (1) Execute acknow below, and (2) if a corporation, affix Corporate Seal. State of California ) ACKt'IOWLEDGM4ENT (by Corporation, County of Contra Costa ) ss' Partnership, or Individual) The person(s) signing above for Contractor, known to me in individual and business capacity as stated, personally appeared before me today and acknowledged that he/they, executed it and that the corporation or partnership named above executed it. Dated- /-51, / e�r7/1 �• �'�� LD J: / /" VOTARY PUBLIC ' L AIN G, i i G -" 1 —�— :: — r�UTA_r P.lcltC— _ — .•- — — — — — — — — — — — — — — — — — — — — — — — — — — �. F"N'O COU'-*TY, CAU CZNIA 1•y Cor—F;ir '.o -z = S-c=ry 7, i'79 ' Form Approved: J. B. CLAUSEN By: Vi►C1-+,z=L: D. FA -;2 County Counsel Deputy (Z�20' D78AC1 lvlicrorilmed With board order �1 �G1 3. WORK CONTRACT, CHANGES. (a) By their signatures in Section 2, effective on the above date, these parties promise and agree as set forth in this contract, incorpor- ating by these references the material ("special terms") in Sec. 1. (b) Contractor shall, at his own cost and expense, and in a workmanlike manner, fully and faith- fully perform and complete the work; and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's Notice To Contractors, Proposal, Orders, and Abatement Specifications. (c) The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties; and the Public Agency shall never have to pay more than specified in Sec. 7 without such an order. 4. TIZIE: NOTICE TO PROCEED. Contractor shall start this work as directed by the Public-Agency and shall complete it as specified lit Sec. 1. 5'. INTEGRATED DOCUMENTS. The Notice to Contractors, Bid Proposal, Orders and Abate- ment Specifications or special provisions of the Public Agency's Call for bids, and Contractor's accepted bid for this work are hereby incorporated into this contract, and they are intended to cooperate, so that anything exhibited in the Notice To Coatractors, Bid Proposal, and Orders not mentioned in the Abatement Specifications or special provisions, or vice versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Sec. 1. 6. PAYMENT. For his strict and literal fulfill at of these promises and conditions, and as full compensation for alp. this work, the Public Agency shall pay the Contractor the sum specified in Sec. 1, except that in this unit price contract, the payment shall be for finished quantities (parcels and/or hours) at unit bid prices in accord- ance with the Abatement Specifications. 7. PAYMENTS WITHHELD. (a) The Public Agency or its agent may withhold any. payment, or because of later discovered evidence nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) defective work not remedied, or uncompleted work, or (2) claims filed or reasonable evidence indicating probable filing, or (3) failure to properly pay subcontractors or for material or labor, or (4) reasonable doubt that the work can be completed for the balance then unpaid, or (5) damage to another contractor, or (6) damage to the Public Agency, other than damage due to delay. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor, as the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its Notice of Completion of the entire work, or five (5) working days after December 10th, whichever is later, it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract, provided the Contractor shows that all claims for labor and materials have been paid, no claims have been presented to the Public Agency based on acts or omissions of the Contractor and no liens or withhold notices have been filed against the work or site, and provided there are not reasonable iniications of defective or missing work or of late-recorded notices of liens or claims against Contractor. 8. Ir:SUPANCE. (Labor Code H 1860-61) On signing this contract, contractor must give Public Agency (1) a certificate of consent to self-insure issued .by the Director of Industrial Relations, or (2) a certificate of Workmen's Compensation Insurance issued by an admitted insurer, or (3) an exact copy or duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Sec. 3700 and the Workmen's Compensation Law. -2_ 0 206 D 78 AC 2 9. BOINIDS. On signing this contract, Contractor shall deliver to Public Agency- for gencyfor approval good and sufficient bonds with sureties, in amOunt(s) specified in the specifications or special provisions, guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. 10. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects, without fault of the Public Agency or its agent(s), to supply sufficient materials or work- men to complete this agreement and work as provided herein, for a period of 10 days or more after written notice thereof by the Public Agency, the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. The Public Agency may terminate this contract by registered mail where the Contractor fails to provide sufficient worlonen and equipment as previously ordered. The Public Agency's determination shall be final and conclusive as to sufficiency of workmen and equipment. 11. LAWS APPLY. General. Both parties recognize the applicability of various federal, state and local laws and regulations, especially Chapter 1 of Part 7 of the California Labor Code (beginning with Sec. 1720, and including Secs. 1735, 1777.5, and 1777.6 forbidding discrimination) and intend that this contract complies therewith. The parties specifically stipulate that the relevant penalties and forfeitures provided In the Labor Code, especially in Secs. 1775 and 1813, concerning prevailing wages and hours, shall apply to this contract as though fully stipulated herein. 12. SUBCONTRACTORS. Government Code H 4100-4113 are incorporated herein. 13. WAGE RATES. (a) Pursuant to Labor Code Sec. 1773, the Director of the Department of Industrial Relations has ascertained the general prevailing rate of wages per diem, and for holiday and overtime work, in the locality in which this work is to be performed for each craft, classification, or type of workman needed to execute this contract, and said rate is on file with the Clerk of the Board of Supervisors, and is incorporated by reference thereto, the same as if set forth in full herein. (b) This schedule of wages is based on a working day of 8 hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the number of hours constituting the working day. When less than that number of hours are worked, the daily wage rate is proportionately reduced, but the hourly rate remains as stated. (c) The Contractor, and all his subcontractors, must pay at least these rates to all persons on this work, including all travel, subsistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for the Contractor or any subcontractor to employ any person in a craft, classification or type of work (except executive, supervisory, administrative, clerical or other non-manual workers as such) for which no minimum wage rate is speci- fied, the Contractor shall immediately notify the Public Agency which shall promplty determine the prevailing wage rate therefore and furnish the Contractor with the minimum rate based thereon, which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 14. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work, and no worl=an employed at any time on this work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Secs. 1810-1815. 15. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Secs. 1777.5 and 1777.6, forbidding discri.=ination. -3- 00207 7 D 78 AC 3 16. PREFERENCE FOR MATERIALS. The Public Agency desires to promote the industries and economy of Contra Costa County, and the Contractor therefore promises to use the products, workmen, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 17. ASSIGNMENT. This agreement binds the heirs, successors, assigns, and repre- sentatives of the Contractor; but he cannot assign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Public Agency and the Contractor's surety or sureties, unless they have waived notice of assignment. _ 18. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements. of this contract, or acceptance of the whole or any part of said work and/or materials, or payments therefore, or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms -and conditions hereof. 19. HOLD HARMLESS & INDEMNITY. (a) Contractor promises to and shall hold harm- less and indemnify from the liabilities as defined in this section. (b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards, commissions, officers, agents and employees. (c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, including personal injury, death; property damage, inverse condemnation, or any combination of these, regardless or whether or not such liability, claim or damage was unforeseeable at any time before the Public Agency approved the improvement plan or accepted the improvements as completed, and including the defense of any suit(s) or action(s) at law or equity concerning these. (d) The actions causing liability are any act or omission (negligent or non-negli- gent) in connection with -the matters covered by this contract and attributable to the contractor, subcontractor(s), or any officer(s), agent(s), or employee(s) of one or more of them. (e) Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or approved any plan(s), drawing(s), specification(s), or special provision(s) in connection with this work, 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 Indemnitee. -4- � pp (��)2208 D78AC4 Int _ 3.'r� Y _ H :• ( t; �. D'4111.17.9-M' -M' .,-, .. r• c' n '1_ 7;� .J _ X 1. 1 NASI. ND ADDRESS OF AGE,. Y HOLDEN S. SWORD INC. COMPANIES AFFORDING COVERAGES �•zt' -f 1266 N. FR-am, ST. F=O, CA. 9370) COMPE 'Y A AZINA CASUALTY & SUREETY Co. _ J TR - � � _ :•?ANY ETTE �R NA rE ANO ADDRESS OF INSURED p � p/ _ 1910 FEB- ?.r.Y C ,. . LETTER LAWRENCE JOHN SW 840 E. CAMIEN ,). ;L O S"ON COMPANY D FRESNO, CA. 93728 aF 25 LETTER > RK BOARD 0' TA CONTRA C s .i _ V COMPANY ! B LETTER }" This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. case»Nr � POLICY Limits of Liabilityin Thousands( ) LETTER TYPED INSURANCE POLI YNUraBER EXPIRATION DATE EACH OCCUPRENCE AGGREGATE ,«. ' GENERAL LIABILITY �•p� BODILYINJURY $ 500 S 500 !. [N COMPREHENSIVE FORM a PREMISES—OPERATIONS PROPERTY DAMAGE ib5 $ 500 �;,` j❑l EXPLOSION AND COLLAPSE 6 ATS 2060 CCA 1 y U UNDERGROUND A HAZAR59 5- 4-78 a r PRO DUCTS%COMPLETED OPERATIONS HAZARD BODILY INJURY AND L CONTRACTUAL INSURANCE PROPERTY DAMAGE S $ SROAD FORM PROPERTY COMBINED (� DAMAGE J� INDEPENDENT CONTRACTORS PERSONAL INJURY •: � PERSONAL INJURY S -a: ( AUTOMOBILE LIABILITY ! BODILY INJURY (EACH PERSON) sloo tom" ?r ❑CO.MPREHENSIVE FORM 1 BODILY INJURY $300 ❑(�OWNED HIRED OCCURRENCE) A N HIRED 63AL 206059 CCA 5_14_78 PROPERTY DAr.L:GE BODILY INJURY 4?I0 �pF_ ® NON-0VVNED PROPERTY DAMAGE COMBINED EXCE55 LIABILITY + BODILYIYJURYAND ❑ UMBRELLA FORM $ io^ PROPERTY DAMAGE $ ❑ OTHER THAN UMBRELLA COMBINED 5 .. FORM WORKERS'COMPENSATION' _ - STATUTORY fir' 'r. and r ` EMPLOYERS'LIABILITY OTHER ! I DESCRIPTION OF OPERATIONS/LOCATIONSPVEWCLES r„ 1. CWTRA COSTA COUNTY FIRE PRO DCTION DISTRICT, ITS OFFICERS, EDIPLOYMS .AND AGENTS ARE NMED j AS ADDI TICNAL INSUREDS SOLELY AS RESPECTS TO THE BELOW LISTED JOB. 2. THE CONTRAC'T'OR WILL AT ITS 0% COST & ET24SE Ill A WO1MLQU 3,• 11ANNER9 FAI.>tiT•„ULLY & FULLY 'L rliffl! 'C2BtL A�IILFlL T SFi T.T. y cZ311 T . .T ^� S_2L:CESS Y TO��jH-may T27 ACCO C2-P40A11 P4-* lalT-SR7T,�TCAa,9k;S-4 ;4 �Gr�' P(W �B:qR;1 A;ER pang .r!! endeavor t0 mai( �;:Oys v/ri`t_.^, r0iice tc the belo'•v named certificate holder. but failure to t` r mai!slJ�h notice shat!I ase no Ghl;2atiO^or!'ab 'sl;v o`an Klnd ocn he c �, Y TO � SATISFACTION OF = FIRE C;ILy OF THE PUBLIC rAGINCY; M COffir"CTION & ABATE-04T ' Or i� l$I?S FROM UM PROPS ,ZF9$Tti]3 PUBLIC AGENCY. 4y '' NA*.+Er.Ncr•I)DaEss orcFPIIF,uTF�,:;o_:' ( �% n D"E ?SSJ:D F� 3RUARY , 1978 rRL COiITRA COSTA COUNTY k PRU1 DS OTECTISTRICT " 2010 GEARY RD. =( PLE.ASANT BILL, CA. 94523 F AUTHORIZED R_PRE$ENiA TR'�' 2 R9 -ORD 25 rr!.2 7>1 v.; C116 t (Ed.1-73) This endorsement forms a part of the policy to which attached,effective on the inception date of the policy unless otherwise stated herein. (The follow*information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective 1-1-78 Policy No. 63AL 206059 CCA Endorsement No. 2. Named Insured I,A1rt1�=P JOHNSON Additional Premium i Countersigned by (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABIUTY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE ADDITIONAL INSURED (Owners or Contractors) Schedule Nene of Person or Organization (Additional Insured) Location of Covered Operations CONTRA COSTA COIIITTY Premium Bases Rates gg Advance Premium FIRE'. . 4WilLiabilityPROTECTION DISTRICT ITS Cost ' g 0--31otOoTcostG3TS ^1BD i"perty Damage Liability Cost TBD $100 of cost TBD $ TBD Total Advance Premium $ It is agreed that 1. The"Persons Insured"provision is amended to include as an insured the person or organization named above(hereinafter called"additional insured"), but only with respect to liability arising out of(1)operations performed for the additional insured by the named insured at the location designated above or(2)acts or omissions of the additional insured in connection with his general supervision of such operations. 2. None of the exclusions of the policy,except exclusions(a),(c),(f),(g),(i),(j)and(m),apply to this insurance. 3. Additional Exclusions This insurance does not apply. (a) to bodily injury or properly damage occurring after (1) all work on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured at the site of the covered operations has been completed or (2) that portion of the ranrod fnsrrrod's work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; (b) to bodily in*y or preporty damage arising out of any act or omission of the additional insured or any of his employees,other than general super- vision of work performed for the additional insured by the named insured; (c) to property damage to (1) property owned or occupied by or rented to the additional insured, (2) property used by the additional insured, (3) property in the care,custody or control of the additional insured or as to which the additional insured is for any purpose exercising physical control,or (4) work performed for the additional insured by the named insured. 4. Additional Definition When used in reference to this insurance,"work"includes materials,parts and equipment furnished in connection therewith. ` G116 (Ed.1-73) n�1 '10 AMERICAN FIDELITY FIRE INSURANCE COMPANY New York =s Executed in Duplicate BOND NUMBER 2684163 PERFORMANCE BOND — PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS: That we, LAWRENCE JOHNSON as Principal, and AMERICAN FIDELITY FIRE INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of New York, and authorized to transact a general surety business in the State of California,as Surety,are held and firmly bound unto: CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT ;as Obligee, -- inthesum of_FIFTY SIX THOUSAND EIGHT HUNDRED FIFTEEN AND NOZ100 --------------- DOLLARS (S 56,815.00 ),lawful money of the United States of America,for the payment whereof,well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH, that WHEREAS, the above-bounden Principal entered into a contract dated the January 1 , 1978 with said Obligee to do and perform the following work, to wit: Weed abatement by discing and dozing NOW,THEREFORE,if the above-bounden Principal shall well and truly perform or cause to be performed,each and all of the requirements and obligations of said contract set forth, then this bond shalt be null and void;otherwise it shall remain in force and effect. SIGNED,SEALED AND DATED this 16th day of December 19 77 L L LAWRENCE JOHNSON PRINCIPAL FEB -gj-19g � BY J. R. O:;�ON K GOAP.D O. SJ?c2V11(,25 AMERICAN FIDELITY FIRE INS CE COMPANYCO'ITRA COSi,4 CO.Gc_l.��-1-! p p�jy By 4Ti�eA. Beals, ATTORNEY-IN-FACT 321 (5/5) !) t BOND NUMBER 2684163 AMERICAN FIDELITY FIRE INSURANCE COMPANY New York Executed in Duplicate PUBLIC WORKS - LABOR & MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, LAWRENCE JOHNSON as Principal, and AMERICAN FIDELITY FIRE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New York, and authorized to transact surety business in the State of California, as Surety,are held and firmly bound unto: CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT ,as Obligee, inthesum of FIFTY SIX THOUSAND EIGHT HUNDRED FIFTEEN AND NO/100 ------------ - DOLLARS (556.815.00 ), lawful money of the United States of America, for the payment whereof,well and truly to be made,we hereby bind ourselves,our heirs,executors,administrators,jointly and severally,firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,that WHEREAS,the above bounden Principal has been awarded and has entered into a contract dated January 1 , 1978 with the Obligee to do and perform the following,to wit: Weed abatement by discing and dozing NOW, THEREFORE, if the above-bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with repect to work or labor performed by any such claimant, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond,and also,in case suit is brought upon this bond,a reasonable attorney's fee,to be fixed by the court. This bond shall insure to the benefit of any and all persons,companies o-corporations entitled to file claims under Section 3181 of the Civil Code of the State of California sa as to give a right of a--tion to them or their assigns in any suit brought upon this bond. SIGNED, SEALED AND DATED this 16th day of December 1977 LFLAWRENCE JOHNSON j Principal D o,� B JfAMERIC FIDELITY FIR IN *RANCE COMPANY ;tn_�.,wV1�0�CO. BY De Ter A. Beals, Attorney-in-Fact 322 (1/74) 2 STATE OF CALIFORNIA S$. County of LOS ANGELES On this 16th day of December in the year 19 77 before me, a Notary Public in and for the County and State aforesaid personally appeared TERRY A. BEALS known to me to be the person whose name is subscribed to the within instrument and known to me to be the Attorney-in-Fact of AMERICAN FIDELITY FIRE INSURANCE COMPANY, and acknowledged to me that he subsribed the name of the said Company thereto as surety, and his own name as Attorney-in-Fact. OFFICIAL SEA: M. J. DIXON 5 ,o`�t3ru NOTARY PUBLIC SAL=FOR, IA NOTARY PUBLIC LOS Ai10EL_S COU-TY t.lj Commission Fxp:r�OCoher 21. 1771 �wl««Ww.M«M.W«11111NIYIWMW WI««IMNA«1r 1«M.IMMI'{:.i _ TB 346 (7/7) STATE OF CALIFORNIA County of LOS ANGELES On this 16th day of December in the year 1%17 before me, a Notary Public in and for the County and State aforesaid personally appeared TERRY A. BEALS known to me to be the person whose name is subscribed to the within instrument and known to me to be the Attorney-in-Fact of AMERICAN FIDELITY FIRE INSURANCE COMPANY, and acknowledged to me that he subsribed the name of the said Company thereto as surety, and his own name as Attorney-in-Fact. �Inl�nnmmmMwn ""�,w«mm«Islnnwm�3 OFFICIAL SEAL J. DIXON NOTARY FUBL,C CALIFORNIA H� r pRitiCt:-AL OFFICE cn TARY PUBLIC LOS A-'GELES COU'iTY }p r,Cr'7rrZ135ion Expires October 21, 1979 ur+.�w.w+w.+w�««•««...wu..w«w'^«www'.u.«•.ewM..• TS Sas (7/7) 00413 AMERICAN FIDELITY FIRE INSURANCE COMPANY WOODBURY, NEW YORK POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Fidelity Fire Insurance Company, a Corporation in the State of New York, having its principal office in Woodbury, State of New York, pursuant to the following resolution,adopted by the Board of Directors of the said Company on the 18th day of February, 1969, to wit: "The President,or any Vice-President, or other officer designated by the Board Executive Committee shall have authority, severally, to make execute and deliver a power of attorney constituting as Attomey-in-Fact such persons,Arms or corporations as such officers may select from time to time,"does hereby make,constitute and appoint: TERRY A BEALS of LOS ANGELES, CALIFORNIA its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead,to sign, execute, acknowledge and deliver in its behalf,and as its act and deed, as follows: Specifically and only on bonds executed having Guarantee indemnification of the SMALL BUSINESS ADMINISTRATION in an amount not exceeding.$300,000.00 as to any one project, for or on behalf of this Company,in its business and in accor- dance with its charter, and to bind AMERICAN FIDELITY FIRE INSURANCE COMPANY thereby,and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. IN WITNESS WHEREOF,the American Fidelity Fre Insurance Company has caused these.presents to be signed by its President and/or Vice-President,and its Corporate Seal to be affixed. ,.f AMERICAN FIDELITY'FIRE INSURANCE COMPANY s Luther H.Williams,President State of New York ) 1} County of Nassau ss. On this 11th day of October, 1977,before the subscriber,a Notary Public of the State of New York in and for the County of Nassau duly commissioned and qualified,came Luther H. Williams of the American Fidelity Fire Insurance Company,to me personally known to be the individual and officer described herein, and who executed the preceding instrument,and acknowl- edged the execution of the same,and being by me duly sworn,deposed and said,that he is the officer of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corp- oration,and that the resolution of said Company,referred to in the preceding instrument,is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Woodbury, New York the day and year above written. &4JA Wo. No Public ELIZABETH M. ROSELLE NOTARY PUBLIC,State of New York No.30-8643115 ' - Qualified in Nassau County Commission Expires March 30,19 76 State of New York County of Nassau I ss. CERTIFICATE I, the undersigned, Assistant Secretary of AMERICAN FIDELITY FIRE INSURANCE COMPANY, a stock corporation of the State of New York,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors,as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the said Company,at Woodbury,New York,dated this 6th day of Y December ,19 .. .__ .. ............... ......._. 77... Z?n,%n NJi�lnli� Assistant Secretary 349 T8 300 drop) '�/w'�]�i � w7• ! '+1 � FYI �', l :• I'I, 1 I .y.. w• '.� .f: �. 1 1; wl• wj _ '�]'...^^,.,•� NAiMc AND ADDRESS OF AGENCY y COMPANIES AFFORDING COVERAGES r t' Holden S. Sanford Inc. f COf� - E P.O. Box 6004 LETT'•1?ANY ER A Aetna Fresno, Calif. 93703 CO+.,PANY R tt LETTER NAME AND ADDRESS 0. INSURED A COMPANY LETTER= LETTER }_a Lawrence A. Johnson and Ron Blair COMPANY n 4891 E. Pico Ave. LETTER A Fresno, Calif. 93726 COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. 1" POLICYLimits of Liability in Thousands ) COMPANY TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE , LETTER OCCURRENCE GENERAL LIABILITY i- BODILY INJURY S S • H'_ ❑COMPREHENSIVE FORM ❑PREMISES—OPERATIONS PROPERTY DAMAGE $ $ - '1 � EXPLOSION AND COLLAPSE ':?_ ❑ HAZARD i'•r ❑UNDERGROUND HAZARD ❑PRODUCTS.,T:OMPLETED OPERATIONS HAZARD BOD:LYINJURY AND , ❑CONTRACTUAL INSURANCE i/ 4C�' U PROPERTY DAMAGE S S ❑BROAD FORM PROPERTY C OCO COMBINED _ DAMAGE C : ❑INDEPENDENT CONTRACTORS COvV1SO� s -4 ❑PERSONAL INJURY ]• R' Q? SU?A` *Applies to ProductsrCompteted S , RK BO'-R9 Xr CO.._ .DeP Operations Hazard. raEaan;. .�:uwl AUTOMOBILE LIABILITY -� ' BOD:LYINJURY B i (MH PERSON) ❑COMPREHENSIVE FORK 1 8001Y INJURY (EACH OCCURRENCE) _� ❑OV'JNED I r_1 Ie PP.OPERT'e DAMAGE 5 - -+�- ❑ HIRED BODILY INJURY AND !J N0N-0'%,ED PROPERTY DAMAGE ' = CO',IBINEO ;;jiy7 _ EXCESS LIABILITY =3 BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE 5 S ❑ OTHER THAN UMBRELLA COMBINED ",�.-� FORM V/ORXERS'COMPENSATIONI STATUTORY =' LAandMPLOYERS'LIABILITY 63JC56069770CCA i 6/13/78 7 00,000c,,cG,Ey,; OTHER s. !a DESCR:PTION OF OPERATIONS:LOCATIOfvSNEHICLES Coorection and abatement of fire hazgrds from properties set forth by the Public Agency as per contract dated 1/1/78. Cancellation: Should any of the above des-r;bed policies be cancelled before the expiration date thereof, the Issuing com- pany will endeavor to mail --30 days :vritten notice to the belo:r named c?rtifica'e Tofder, but failure to mail Such notice shall impose no cb;igation or'13bili•y of any kind Upon The company. t:AIAE AND ADDRESS OF CERTIFICATE HO,-DEP da DATE ISSUED- 2/16/•B -` Contra Costa County Fire Protection Dist*.Lct ` - 2010 Geary Road � • L�� � � '�,r Pleasant Hilt, Calif. 94523 C. AUTHORIZED P.EPRESENTATIV r -Attu& David ftemy 776 ! 1Xoro v•` _ ar i N TAT :� :i• ir' - T r.r • •. 1 • - �. r-S'.'' NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES i Holden S. Sanford, Inc. COMPANY P.O. Box 6004 LETTER Aetna Fresno, Calif. 93703 COSIPANY Q LETTER u NAME AND ADDRESS OF INSURED COMPANY LETTER =. Lawrence A. Johnson and Ron Blair COMPANY LETTER 4891 E. Pico Ave. Fresno, Calif. 93726 COMPANY PA LETTER E *k c` This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. -` Limits of Liability in Thousands( 0) _ ='! COMPANY POLICY TYPE OF INSURANCE POLICY NUMBER EACH LETTER EXPIRATION DATE AGGREGATE - - OCCURRENCE GENERAL LIABILITY ` BODILY INJURY S $ • it', ❑COMPREHENSIVE FORM < ❑PREMISES—OPERATIONS PROPERTY DAMAGE S ❑EXPLOSION AND COLLAPSE '" F.: HAZARD - .5 ❑UNDERGROUND HAZARD E]PRODUCTSiCOMPLETED OPERATIONS HAZARD f _RTY N'y Y BODILY INJURY AND ❑CONTRACTUAL INSURANCE JA I PRO COMBINED S S �.� }�L ❑BROAD FORM PROPERTY COMBINED { DAMAGE ❑INDEPENDENT CONTRACTORS R Qt_sa t�}>D ❑PERSONAL INJURY �pg6 �� Com' De?� *Apples to ProduCt;:Completad �/ Operations Hazard. C"EV AUTOMOBILE LIABILITY 4 (��` BODILY INJURY s c , 6 (EACH PERSON) .1 ❑ COMPREHENSIVE FORM BODILY INJURY S ❑OWNED (EACH OCCURRENCE) . ❑ HIRED PROPERTY DAMAGE 3 4= BODILY INJURY AND ❑ NON OWNED PROPERTY DAMAGE _ COMBINED EXCESS LIABILITY _ BODILY INJURY AND 5 ❑ UMRRELLA FORMAS S ' PRGPERTY DAMAGE ❑ OTHER THAN UMBRELLAt-•"N COt.tBINED l:-1 FORM WORKERS'COMPENSATION STATUTORY A and EMPLOYERS'LIABILITY 63JC56069770CCA 6/13/78 �-;:.' S 100,00 OTHER c ' rDESCRIPT!CN OF OPERAT+0NSr1OCAT10NSNEH:CLES _ Correction and abatement of fire hazards from properties set forth by the Public Agency ' as per contract dated 1/1/78. =x" Cancellation: Should any of the above described policies be cancelled before;he expira,ie.; c'atL f`ereof. the Issuing com- pany will end 3VJr t0 rna!i 30 Li3ys ..,ci: ,. no'ice the nar`.?d ce.':nza•`e h:14 r. out failure to mail Such notice shall impose no obligation or 11ab:1ity of any kind upon the compar:y. NAMAE A.4D ADDRESS OF CERTIF:CATE ri-:)'-C:R* DATE ISSUED' 2/16/78 E:= Contra Costa County Fire Protection District = 2010 Geary Road Pleasant Hill, Calif. 94523 -ZED REPRESENTATIV" Attn: David Emerys --,,- try J 'ns f r In the Board of Supervisors of Contra Costa County, State of California {lac ii�niber S . 19 77 ;<3 the Matter of Authorizin, compensation for Use of San Uamiano Retreat Facilities, Danville IT IS BY THE BOARD ORDERED that the County Auditor-Controller is AUTHORIZED to compensate San Damiano Retreat, Danville, California in the amount of $1200 for use of their facilities in connection with the Management Development Seminar for Contra Costa County Department Heads and their assistants to be conducted during the period December 7-8, 1977. PASSED by the Board on December 6, 1977. I 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. Witness my hand and the Seal of the Board of cc: Civil Seryic-e Department Supervisors County Aud"L-or-Controller affixed this 6th day of December 1977 County Administrator J. R. OLSSON, Clerk � a0. Deputy Clerk Ita ffl io H-24 4/77 15M In the Board of Supervisors of Contra Costa County, State of California nhPr 6 , 19 ?-Z-- In the Matter of Report of Finance Committee on Continued Funding of the Countywide Narcotics Strike Force Project . The Finance Committee (Supervisors R. I. Schroder and J. -P. Kenny) having this day reported that it had considered the request of the County Sheriff-Coroner for approximately $56,000 for the continuation of the Countywide Narcotics Strike Force Project due to terminate on December 31, 1977, said project being a cooperative effort with the cities to inhibit narcotics traffic; and The Finance Committee having advised that all the cities of the County (except Clayton and Lafayette) are willing to continue funding the project for the balance of fiscal year 1977-1978 and that an evaluation team, composed of the City Managers, Police Chiefs, and the Sheriff-Coroner, has been established to develop a plan for operation and funding the project to be considered in the 1978-1979 budgets of the Cities and the County; and The Finance Committee having recommended that the Board authorize the requested $56,000 with the understanding that said evaluation team will provide necessary information on the project continuation in sufficient time to be considered in the budget for the 1978-1979 fiscal year; IT IS BY THE BOARD ORDERED that the recommendation of the Finance Committee is APPROVED. PASSED by the Board on December 6, 1977 . 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. c C: Finance Committee Witness my hand and the Seal of the Board of Director, Human Supervisors Resources Agency offixed this 6th day of Deneriber 191z- Drug Abuse Board County Administrator County Sheriff-Coroner J. R. OLSSON. Clerk By � CLi/' . Deputy Clerk Helen C. Marshall 00 J.rJ H-24 4/77 15m t f In the Board of Supervisors of Contra Costa County, State of Califomia December 6 In the Matter of Surplus Food Collection and Distribution. A November 22, 1977 letter having been received from Mr. Homer Fahrner, President, Senior Gleaners, 260631 J Street — Apt. 4, Sacramento, California 95816 requesting that the Board consider designating said organization as the County's surplus food collection and distribution agency, pursuant to SB 199; IT IS BY THE BOARD ORDERED that the aforesaid request is REFERRED to the Director, Human Resources Agency, for report. PASSED by the Board on December 6, 1977 • 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: Senior Gleaners Supervisors Mr. H. Fahrner Director, Human affixed this 6th day of nese tar 192Z_ Resources Agency County Health Officer J. R. OLSSON, Clerk County Counsel County Administrator By �c %�. r�G /y�/,Idt Deputy Clerk Helen C. Marshall H-24 4/77 15m 1 1 All J.tJ In the Board of Supervisors of Contra Costa County, State of California December 6 019 In the Matter of Granting Western Waterways, Inc. , Holland Riverside Marina, Permit to Install Sewage System and Treatment Plant. The Board on December 7, 1976 having referred to the County Health Officer and Public Works Director the application of Raymond Vail and Associates (on behalf of Western Waterways, Inc. , Richard Farrell, President) for a permit to install a sewage treatment plant to serve the Holland Riverside Marina located at the southeasterly edge of Holland tract, Rock Slough and East of Oakley, California; and The Board having received a November 29, 1977 report from the County Health Officer and Public Works Director advising that the design of the proposed facility will meet the necessary require- ments, and recommending that said permit be granted with the under- standing that, following installation of said facility, it will be in accordance with the discharge requirements of the California Regional Water Quality Control Board, Central Valley Region, (Order No. 74-3) , and the requirements of the County Health Officer; IT IS BY THE BOARD ORDERED that the aforesaid recommendation is APPROVED and Western Waterways, Inc. is GRANTED a permit to install said sewage treatment facility with the condition that the facility shall be operated in accordance with the requirements set forth above. PASSED by the Board on December 6, 1977. 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: Western Waterways, Inc. Witness my hand and the Seal of the Board of 2000 Glencove Rd. Supervisors Vallejo, CA 94590 affixed this 6th day of December 19_ZZ Raymond Vail and Associates 101 Railroad Ave. J. R. OLSSON, Clerk Pittsburg, CA 94565 County Health Officer By ,16-27MMP ��iQ-G`-�. Deputy Clerk Public Works Director Jamie L. Johnson Director, Human Resources Agency County Counsel County Administrator j, ��'Orl H-24 4177 15m �, � C In the Board of Supervisors of Contra Costa County, State of California December 6 . 19 77 In the Matter of - Hearing on Request of John and Fay Newkirk and Robert Wilcox, Applicants and Owners, (2160-RZ) to Rezone Land in the Concord Area. The Board on November 8, 1977 having fixed this time for hearing on the recommendation on the Planning Commission with respect to the request of John and Fay Newkirk and Robert Wilcox, applicants and owners, (2160-RZL to rezone land in the Concord area from Single Family Residential District-15 (R-15)' to Single Family Residential District-40 (R-40) ; and Mr. H. Bragdon, Assistant Director of Planning, having advised that the proposed R-40 zoning would be in conformance with the General. Plan and consistent with the development in the area, noting that the Rr40 zoning would allow the keeping of horses on said parcel; and Mr. A. A. Dehaesus, Director of Planning, having advised that a Negative Declaration of Environmental Significance was filed for this proposal; and Mr. and Mrs. Robert W. Kling having expressed concern that the R-40 zoning would increase the number of horses in the area and the need for additional wells which might pose a threat to the well on their property; and Mr. Anthony Miranda having stated that he had purchased his property from Mr. Newkirk and was in favor of the R-40 zoning; and Supervisor W. N. Boggess having commented on the area being known for the keeping of horses, recommended that the rezoning request be approved; IT IS BY THE BOARD ORDERED that the hearing is CLOSED and the recommendation of Supervisor Boggess is APPROVED. IT IS FURTHER ORDERED that Ordinance Number 77-115 giving effect to the aforesaid rezoning is INTRODUCED, reading WAIVED and December 13, 1977 is SET for adoption of same. PASSED by the Board on December 6, 1977. 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: J. and F. Newkirk Witness my hand and the Seal of the Board of R. Wilcox Supervisors Director of Planning affixed this 6th day of December 19 77 J. R. OLSSON, Clerk By�ZalgxCP -,l�t.(Lfrl�_. Deputy Clerk Jamie L. Johnson H-24 4/77 15m C In the Board of Supervisors of. Contra Costa County, State of California December 6 _ 1971-- In 971--In the Matter of - Proposed Separation of Sheriff-Coroner Functions. Supervisor J. P. Kenny having again brought up his proposal for separation of the functions of the County Coroner from the office of the County Sheriff, and having inquired as to the status of a report requested from the County Administrator; and Mr. A. G. Will, County Administrator, having advised that his report will be submitted prior to the end of the year but that he has discussed the matter with County Counsel and their conclusions indicate that Board action should be taken as soon as practicable so that individuals will know for what office or offices they are filing prior to commencement of the filing period (February 14, 1978) and to allow time for the introduction and adoption of the required ordinance if the Board determines that the functions should be separated; and Supervisor N. C. Fanden having recommended that a public hearing be held on the proposal; IT IS BY THE BOARD ORDERED that the recommendation of Supervisor Fanden is APPROVED and January 3, 1978 at 2:00 p.m. is FIXED as the time for said hearing. PASSED by the Board on December 6, 1977. 1 hereby certify that the foregoing is o true and correct copy of an order entered an the minutes of said Board of Supervisors on the date aforesaid. cc• Cnunty Sheriff-Coroner Witness my hand and the Seal of the Board of . County Counsel Supervisors County Administrator affixed this 6rh day of 19-71 J. R. OLSSON, Clerk gy f2 G.��a COY . Deputy Clerk Helen C. Marshall 2122 H-24 4/77 15m C • �_ In the Board of Supervisors of Contra Costa County, State of. California Daepmhwr 6 ^ . 19 In the Ma"w of Procedure for Acquiring Certain Land, Oakley Area. On the recommendation of Supervisor E. H. Hasseltine IT IS BY THE BOARD ORDERED that the Public Works Director is REQUESTED to inform Mr. Manuel H. Gonsalves, Route 1, Box 72—A, Oakley, California 94600 the proper procedure to follow to acquire a certain small piece of land located at Empire Road and Highway 4, Oakley area. PASSED by the Board on December 6, 1977. 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. M. Gonsalves Supervisors Public Works Director affixed this da of ,7 �._ y IIe c emh er . 19 J. R. OLSSON, Clerk C Deputy Clerk Helen C. Marshall H-24417715m In the Board of Supervisors of Contra Costa County, State of California December 6 , 19 ]Z In the Matter of Completion of Private Improvements in r nor Subdivision 28-77, Walnut Creek Area. The Director of Building Inspection having notified this Board of the completion of private improvements in Minor Subdivision 28-77, Walnut Creek area, as provided in the agreement frith F. E. (Bill) Hayward, 1882 Bonanza Street, walnut Creek, California, approved by this Board on October 25, 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 the Building Inspection Department is AUTHORIZED to refund the cash deposit of $900.00, (Receipt No. 14,1.676, dated October 13, 1977), deposited as security for the above agreement. PASSED by the Board on December 6, 1977. 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: F. E. Hayward Supervisors Building Inspection (2) affixed this 6th day of December . 193J J. R. OLSSON, Clerk B oh, w _ a t 1:1k X , Deputy Clerk Patricia A. Bell H-24 4/77 15m In the Board of Supervisors of Contra Costa County, State of Colifom'sa December 6 , 19 7 In fhe Matter of Hearing on Proposed Amendment to the County General Plan for the East County Area. The Board on October 25, 1977 having fixed this date for hearing on the Planning Commission recommendation with respect to the proposed amendment to the County General Plan for the East County area; and Mr. A. A. Dehaesus, Director of Planning, having advised that an Environmental Impact Report was considered by the Planning Commission during its deliberations and found to have been completed in compliance with CEQA and the State guidelines; and Mr. Dehaesus having further advised that the City of Brentwood recently adopted a revised General Plan which was not considered at the Planning Commission hearings and that should the Board desire to continue this hearing it would provide the Commission and staff an opportunity to review the City' s plan and submit a report and recommendations thereon; and Mr. Heinz Fenichel, Assistant Director of Planning, having briefly described the goals and objectives of the proposed General Plan revision; and The Board Chairman having opened the hearing and all persons present having been given an opportunity to be heard with respect to the proposal; and The Board members having discussed the matter and having expressed the opinion that it would be desirable to continue the hearing to a night meeting, IT IS ORDERED that the aforesaid hearing is CONTINUED to December 13, 1977 to determine an appropriate time to receive further testimony. PASSED by. the Board on December 6, 1977. 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.Seai of the Board of cc, Director of Planning Supervisors affixed this 6th day of December 191z— J. 9_z-J. R. OLSSON, Clerk By Deputy Clerk Vera Nelson 0()22J H-24 4/77 15m RECEIVED J. .90AW C* APQ WMM EAST COUNTY AREA GENERAL PLAN AN AMENDMENT TO THE GENERAL PLAN FOR CONTRA COSTA COUNTY i A Draft Proposal was Prepared in April, 1976 by the East County Area General Plan Review Committee with the Assistance oi.the Contra Costa County Planning Department Revised Draft approved by the Contra Costa County Planning Commission on lune 28, 1977. A draft proposal of the East County General Plan was prepared by the East County General Plan Committee with the assistance of the Contra Costa County Planning Department. The citizen's committee includes the following persons: Stanley Planchon, Committee Chairman Evo Baldocchi Tiny Bettencourt Milford L. Beutler John Bloomfield, Chairman, Residential Subcommittee William Bunn Ernest Burroughs Leonard Celoni Joseph Cunningham Robert Dal Porto Joanne Dean Lucy Delaney Gerti Del Barber Charles C. Duffy, M.D. Hasten England • Leonard Gerry Carl Hanson Jack Hernandez Arthur E. Honegger, Chairman, Community Facilities Subcommittee Lee Laird, Jr. Paul Lamborn Robert Lasley Kenneth Lee Richard Lewis Ernest Luna . Sheldon G. Moore, Chairman, Transportation Subcommittee Ronald Nunn, Chairman, Agricultural Subcommittee Ray Ramirez William Snow, Chairman, Commerce and Industry Subcommittee Gene Stonebarger, Chairman, Recreation Subcommittee • 00227 • TABLE OF CONTENTS Page INTRODUCTION 1 BACKGROUND FOR PLANNING 3 Development Trends 3 Population Growth 3 Environmental Factors 4 GOALS AND POLICIES 6 THE GENERAL PLAN ELEMENTS 11 Land Use Element 11 Housing Element 27 Circulation Element 28 Open Space and Conservation Element 31 • Community Facilities Element 32 Safety Element 43 Seismic Safety Element 44 Noise Element 44 IMPLEMENTATION 45 APPENDIX A APPENDIX B , APPENDIX C 00228 TABLE OF CONTENTS Tables and Charts • Following Page: Location Map 3 East County Area General Plan 15 Oakley Community Plan 22 Phasing of Growth, Oakley 22 Brentwood Community Plan 22 Knightsen Community Plan 22 Byron Community Plan 22 Discovery Bay Community Plan 22 Bethel Island-Sand Mound Slough Community Plan 22 East County Circulation Plan to 1990 29 Community Facilities 32 • APPENDIX A Table A-1 East County General Plan Population By Age Group, 1960, 1970, 1975 Table A-2 East County General Plan Composition of the Population by Race 1960, 1970, 1975 Table A-3 East County General Plan Summary of Housing Statistics April, 1970 Table A-4 East County General Plan Housing Inventory, 1970-1975 Table A-5 East County General Plan Poverty Level And Housing Indicators April, 1970 Table A-6 East County General Plan Contra Costa Housing Authority Units January 1, 1970 to January 1, 1974 • Table A-7 East County General Plan Existing School Facilities 01) 20 APPENDIX B • Table B-1 East County General Plan Existing Land Use (1974) Table B-2 East County General Plan Prime Soils In Agriculture Core APPENDIX C Table C-1 East County General Plan Existing School Facilities, 1975 Table C-2 East County General Plan Proposed Land Use Table C-3 East County General Plan Proposed Land Use By Community • • • INTRODUCTION The purpose of this Area Plan is to revise the existing General Plan of Contra Costa County, as it pertains to the easterly portion of the county generally defined as being east of Bridgehead Road, Deer Valley Road and Vasco Road, as shown on the Location Map. This portion of Contra Costa County has long been a rural agricultural area experiencing only limited demand for urban growth. However, in the past several years the demand for the subdivision of agricultural lands has been on the increase, thus producing a scattered growth pattern lacking appropriate services. The process of premature subdivision has caused many instances of breaking up prime agricultural lands into smaller parcels which can not be farmed economically, both depriving the region and the state of food and fiber production and putting additional economic pressure on nearby agricultural holdings, while rendering the provision of services more costly and inefficient. Attempts to stem the trend toward the break-up of agricultural lands and to preserve prime land for agricultural production caused the establishment of a Reserve Area designation in the Open Space and Conservation Element of the General Plan. The Reserve Area status was established until the community and the County could jointly develop an appropriate Area Plan to guide future development in East County. The East County General Plan Committee, a citizen advisory group, was appointed by the Board of Supervisors to assist and advise the County Planning Department in developing an Area Plan for the East County Planning Area. This Area Plan is the result of over two years of work. It consists of both text and maps, which together constitute an amendment to the County General Plan and its component elements. The broad objectives of this General Plan are: - To establish a pattern of land uses which will promote a high degree of health, safety, and efficiency for the well being of the East County community. - To provide for the maintenance and viability of the agricultural community. - To relate new development directly to the provision of community facilities necessary to service that development. - To update and bring together the various land use elements of the General Plan for the area. - To integrate selected special purpose elements into one General Plan document. • BACKGROUND FOR PLANNING This Area Plan is based on data in a series of six background reports which were prepared to provide the East County General Plan Review Committee with information required for its work. Subjects covered in detail included population characteristics, community facilities, physical resources, transportation, eco- nomic characteristics, and land use and zoning. The reports are on file with the Planning Department. DEVELOPMENT TRENDS The Planning Area covers a total of 184 square miles (25.5 percent of the total County area) and contains a population of approximately 15,000 (in 1975) at a density of 75.6 persons per square mile. This low population density, combined with moderate population growth, characterizes the generally rural-suburban nature of the area. The population is largely concentrated in small communities (Brentwood, Byron, Bethel Island, Oakley and Knightsen) primarily oriented to Highway 4. POPULATION GROWTH Contra Costa County as a whole experienced rapid growth during the period of 1940 to 1975, while East County experienced a slow but gradual growth during the same period. The County as a whole grew rapidly from a pre=war population • of 100,500 to a 1975 population of 582,829 persons, an increase of 480 percent. Over the same thirty-five year period, East County population increased from 5,606 to 15,228, a 172 percent increase. The Planning Area consistently exhibits a higher population of elderly residents than the County as a whole. It also contains a minority population of approximately 17.9 percent, largely of Mexican, Mexican-American and Chicano ethinic, which is higher than the percentage of the County as a whole. Population estimates for the next ten years, utilizing various growth rale assumptions well in excess of past experience, indicate that between 18,000 and 25,000 persons would reasonably be expected to reside in the East County Planning Area by 1990. These estimates are on the high side, reflecting the increased growth rate of the early 1970's. Brentwood, the largest and only incorporated community in the Planning Area, was established in 1874 and incorporated in 1948. Historically, community growth in the Planning Area has been gradual, with no significant peaks at any one time. This gradual growth of the Planning Area as a whole is reflected in Brentwood; however, the city is experiencing an increased growth rate and contained 3,700 persons in 1975, an increase of 38.2 percent since 1970, brought about through both annexations and development. • 3 �) �33 • FLOOD PLAIN Approximately 43,000 acres of the Planning Area, the entire north and east fringe of the Planning Area, fall within the 100 year flood plain. Thousands of acres of the Delta lowlands and islands are protected from floods and high tides by a network of man-made levees, some of which are over 100 years old. Many of the levees are in poor condition and need to be rehabilitated. Land subsidence, which results in ever-increasing pressures on the levees, further compounds the problem. Consequently, the Delta experienced major levee failures with resulting flooding. Since 1950, Webb Tract and Quimby Island have flooded; Webb Tract and Quimby Island have since been reclaimed. Based on past flooding experience and the vulnerability of the levees to ground- shaking effects of major earthquakes, the Delta islands and other low-lying lands are considered to be subject to flooding. U.S. Geological Survey Maps, 1973, indicate that the area below the 10-foot contour is flood prone (i.e., may be inundated by a 100 year flood). This includes the Delta islands and lowland areas north and northwest of Knightsen. Special consideration must be given this factor in the design and approval of development in these areas. VEGETATION The dominant species are the introduced annual grasses and flowering plants which have their maximum growth during the winter rainy season. Open woodland-grass combinations are found along the north and northwest-facing slopes with blue oak, interior live oak, and California buckeye the principal tree cover. In more sheltered areas such as canyons where more moisture is available, and in areas of greater rainfall, the woodland growth is more dense. The foothills and steep uplands constitute some of the best coastal grazing land in the State. Grass hay is cut near the Alameda County border. In the Planning Area, marshland is confined to the small "channel islands" scattered along the sloughs and Old River. Because of silting, portions of Big Break are returning to their original marshy condition. Vegetation here consists principally of sedges, common tule, bull tule, willow, cottonwood, and many flowering plants. Streamside plant associations are located in stream channels, ' canyon bottoms, and along many levees. They include the same species as the hillside woodlands plus willow, alders, cottonwood, and other trees and shrubs requiring an abundance of water. The riparian vegetation helps to reduce bank and levee erosion, maintains wildlife populations, and contributes to scenic and recreation values. 5 o� 6u , • INTRODUCTION The purpose of this Area Plan is to revise the existing General Plan of Contra Costa County, as it pertains to the easterly portion of the county generally defined as being east of Bridgehead Road, Deer Valley Road and Vasco Road, as shown on the Location Map. This portion of Contra Costa County has long been a rural agricultural area experiencing only limited demand for urban growth. However, in the past several years the demand for the subdivision of agricultural lands has been on the increase, thus producing a scattered growth pattern lacking appropriate services. The process of premature subdivision has caused many instances of breaking up prime agricultural lands into smaller parcels which can not be farmed economically, both depriving the region and the state of food and fiber production and putting additional economic pressure on nearby agricultural holdings, while rendering the provision of services more costly and inefficient. Attempts to stem the trend toward the break-up of agricultural lands and to preserve prime land for agricultural production caused the establishment of a Reserve Area designation in the Open Space and Conservation Element of the General Plan. The Reserve Area status was established until the community and the County could jointly develop an appropriate Area Plan to guide future development in East County. The East County General Plan Committee, a citizen advisory group, was appointed by the Board of Supervisors to assist and advise the County Planning Department in developing an Area Plan for the EaFt County Planning Area. This Area Plan is the result of over two years of work: It consists of both text and maps, which together constitute an amendment to the County General Plan and its component elements. The broad objectives of this General Plan are: - To establish a pattern of land uses which will promote a high degree of health, safety, and efficiency for the well being of the East County community. - To provide for the maintenance and viability of the agricultural community. - To relate new development directly to the provision of community facilities necessary to service that development. - To update and bring together the various land use elements of the General Plan for the area. - To integrate selected special purpose elements into one General Plan document. 1 00231 The basic concepts underlying the Plan are simple; in order to preserve the best • agricultural areas for intensive agricultural uses, such as truck farming, orchards, and row crops, the prime agricultural soils are delineated and designated for continued agricultural use, while on less desirable and productive soils other land uses are also permitted. Recreational uses are permitted in the proximity of the recreational waterways, while residential uses at suburban densities are delineated in clusters where major circulation elements, and water and sewer services are either already available or can be logically extended. In addition, safety considerations relating to flooding and other natural hazards are taken into account in determining the location and intensities of future land uses. The resulting Area Plan accommodates not only the 1975 population of approximately 15,000, but also provides for the additional 10,000 persons expected to move into the Planning Area by 1990. The holding capacity (the population which could be accommodated pursuant to the Plan policies) exceeds 68,000. This excess of capacity beyond anticipated growth demands allows a very substantial margin for alternative development choices. It is expected that the Area Plan will be reviewed periodically at the minimum three years prior to the expiration of the Plan, and revised if necessary. 2 ., 00232 BACKGROUND FOR PLANNING This Area Plan is based on data in a series of six background reports which were prepared to provide the East County General Plan Review Committee with information required for its work. Subjects covered in detail included population characteristics, community facilities, physical resources, transportation, eco- nomic characteristics, and land use and zoning. The reports are on file with the Planning Department. - DEVELOPMENT TRENDS The Planning Area covers a total of 184 square miles (25.5 percent of the total County area) and contains a population of approximately 15,000 (in 1975) at a density of 75.6 persons per square mile. This low population density, combined with moderate population growth, characterizes the generally rural-suburban nature of the area. The population is largely concentrated in small communities (Brentwood, Byron, Bethel Island, Oakley and Knightsen) primarily oriented,to Highway 4. POPULATION GROWTH Contra Costa County as a whole experienced rapid growth during the period of 1940 to 1975, while East County experienced a slow but gradual growth during the same period. The County as a whole grew rapidly from a pre=war population of 100,500 to a 1975 population of 582,829 persons, an increase of 480 percent. Over the same thirty-five year period, East County population increased from 5,606 to 15,228, a 172 percent increase. The Planning Area consistently exhibits a higher population of elderly residents than the County as a whole. It also contains a minority population of approximately 17.9 percent, largely of Mexican, Mexican-American and Chicano ethinic, which is higher than the percentage of the County as a whole. Population estimates for the next ten years, utilizing various growth rale assumptions well in excess of past experience, indicate that between 18,000 and 25,000 persons would reasonably be expected to reside in the East County Planning Area by 1990. These estimates are on the high side, reflecting the increased growth rate of the early 1970's. Brentwood, the largest and only incorporated community in the Planning Area, was established in 1874 and incorporated in 1948. Historically, community growth in the Planning Area has been gradual, with no significant peaks at any one time. This gradual growth of the Planning Area as a whole is reflected in Brentwood; however, the city is experiencing an increased growth rate and contained 3,700 persons in 1975, an increase of 38.2 percent since 1970, brought about through both annexations and development. • 3 1 Zod Oakley, Byron and Knightsen1 were developed as railroad-oriented communities in the late 1800's. In 1975 Oakley had a population of approximately 3,000 and Byron of approximately 450. Both communities have experienced fluctuations in population over time and appear to be experiencing an upswing at the present time. The 1975 population for Knightsen was 91. Bethel Island, basically a recreation and retirement community, had a 1975 population of 1,400 persons. ENVIRONMENTAL FACTORS CLIMATE The climate of the East County Planning Area is a modified Mediterranean type. The winters are mild but rainy and the summers are moderate to hot and subject to drought. The region's topography causes a considerable variation in rainfall and temperature in different portions of the area with rainfall ranging from 17 inches in the southwest hills to less than 12 inches in the eastern Delta. Approximately 90 percent of the precipitation falls in the months of October through April. The climate is conducive to productive agricultural operations. GEOLOGY AND SOILS The geologic "formations" exposed in the East County Planning Area differ in age, origin, rock characteristics, and engineering properties. The southwest portion of the Planning Area is rugged and hilly, failing off into the valley floor to the east. Dominating the western fringe of Planning Area are the hills of the Diablo Range. The gentle to moderate slopes (5 to 15 percent) of the foothills have characteristics similar to valley soils and the steeper upland slopes. Generally speaking, grazing is the predominant use of this transitional zone with a few orchards existing on the shallower slopes. Along the eastern perimeter of the Planning Area are found the Delta Islands. The Planning Area contains approximately' 17,000 acres of prime agricultural soils (Class I and II--SCS Soil Survey). They are intensively farmed, mainly supporting orchards, annual row crops, alfalfa, and other pasture crops. These soil types encompass most of the area around Brentwood extending basically in southerly, easterly, and northerly directions. Most soils in the Planning Area are suited to some form of agricultural pursuit. The exceptions are the marsh areas, rock outcrops, the dense oak woodlands found on some north-facing slopes, quarry sites, and those areas which are now developed into urban uses. 1Boundaries as defined by the Contra Costa County 1975 Census. 4 01 t`�� FLOOD PLAIN Approximately 43,000 acres-of the Planning Area, the entire north and east fringe of the Planning Area, fall within the 100 year flood plain. Thousands of acres of the Delta lowlands and islands are protected from floods and high tides by a network of man-made levees, some of which are over 100 years old. Many of the levees are in poor condition and need to be rehabilitated. Land subsidence, which results in ever-increasing pressures on the levees, further compounds the problem. Consequently, the Delta experienced major levee failures with resulting flooding. Since 1950, Webb Tract and Quimby Island have flooded; Webb Tract and Quimby Island have since been reclaimed. Based on past flooding experience and the vulnerability of the levees to ground- shaking effects of major earthquakes, the Delta islands and other low-lying lands are considered to be subject to flooding. U.S. Geological Survey Maps, 1973, indicate that the area below the 10-foot contour is flood prone (i.e., may be inundated by a 100 year flood). This includes the Delta islands and lowland areas north and northwest of Knightsen. Special consideration must be given this factor in the design and approval of development in these areas. VEGETATION The dominant species are the introduced annual grasses and flowering plants which have their maximum growth during the winter rainy season. Open woodland-grass combinations are found along the north and northwest-facing slopes with blue oak, interior live oak, and California buckeye the principal tree cover. In more sheltered areas such as canyons where more moisture is available, and in areas of greater rainfall, the woodland growth is more dense. The foothills and steep uplands constitute some of the best coastal grazing land in the State. Grass hay is cut near the Alameda County border. In the Planning Area, marshland is confined to the small "channel islands" scattered along the sloughs and Old River. Because of silting, portions of Big Break are returning to their original marshy condition. Vegetation here consists principally of sedges, common tule, bull tole, willow, cottonwood, and many flowering plants. Streamside plant associations are located in stream channels, canyon bottoms, and along many levees. They include the same species as the hillside woodlands plus willow, alders, cottonwood, and other trees and shrubs requiring an abundance of water. The riparian vegetation helps to reduce bank and levee erosion, maintains wildlife populations, and contributes to scenic and recreation values. 5 ��1�3 5 } H 2 O U z a 0 t �a W 4 ... ........ :Z Z .......Q r G • w F o r � n > /�� `Y s o Q,A j i GOALS AND POLICIES The Area General Plan is intended to meet the planning goals outlined below. The goals describe the kind of environment considered desirable. The policies enunciated are designed to provide means of achieving the goals. Goals and policies were formed for each of the following: agriculture, planned communities, recreation community, recreation, industry, circulation and com- munity facilities. AGRICULTURE GOAL To encourage the preservation and enhancement of agriculture. POLICIES - Preserve designated prime agricultural lands for agricultural use. - Encourage and maintain the integrity of viable agricultural lands. - Provide for the subdivision of agricultural land to an extent compatible with • surrounding z1gricultural uses and zoning. - Make agricultural zoning reflective of agricultural use. - Provide a circulation system appropriate to rural development to support land uses and economic activity. - Encourage water reclamation and other physical development projects which would increase, enhance, and protect agricultural land and its production capabilities. - Encourage research into means of maintaining and improving the economic viability of agriculture in East County. - Real estate taxes levied on agricultural lands should be assessed on the basis of agricultural use, not potential urban development values. PLANNED COMMUNITIES GOAL To develop a "sense" of community through the development of safe, healthful and attractive living environments and a range of housing styles, types, and cost ranges to suit varying needs and desires; to ensure that land.uses are mutually 6 compatible, functional, and aesthetically pleasing; and to provide balanced levels • of commercial and office development, community facilities and coordinated circulation, which will maintain and complement the rural nature of the area. POLICIES Give highest priority to the preservation of prime agricultural soils; urban development should be directed to areas of non-prime soils. Encourage contiguous growth in an orderly and efficient manner. Require existing and future urban development to be serviced by urban utilities and facilities, such as sewer and water services, when available. - Develop balanced communities through the integration of all urban uses with equitable land use allocations and the provision for appropriate community facilities. - Develop land use and circulation plans appropriate to each community, with higher residential densities permitted in Oakley, Byron, and Knightsen towrisites when water and sewer services are developed. - Create an East County project review committee (advisory) with the capacity to review and recommend project changes. RECREATION COMMUNITY GOAL To provide and maintain a water-oriented recreation community supported by necessary residential and commercial development. POLICIES - Define land use allocations appropriate to water-related recreation, to ensure balanced and contiguous growth compatible with the Delta's unique. ecology. - Require existing and future urban development connect to service facilities (water and sewer) when available. RECREATION GOAL To allow recreational development only in a manner which complements the natural features of the area, including the topography, waterways, vegetation and soil characteristics; to protect and enhance attributes of the Delta; and to preserve and maintain historic sites. 7 • POLICIES - Distribute and manage recreation activity according to the area's carrying capacity with special emphasis on controlling adverse environmental impact, conflict between uses, and trespass. At the same time recognize the regional importance of the area's recreation resources. - Promote levee improvement programs. - Obtain a well balanced distribution of local parks, related to the character and intensity of present and planned residential development. INDUSTRY GOAL To provide and maintain employment centers appropriate to the rural nature of the area and to aid in developing the economic base of the Planning Area through new employment opportunities. POLICIES - Concentrate industrial development in areas immediately adjacent to major transportation corridors. • - Encourage the development of agriculturally related industry which will enhance the continued productivity of agriculture. - Encourage industries which have the capability of employing East County residents. - Define auto dismantling activity as an industrial use and confine its future development to designated industrial areas. CIRCULATION GOAL To achieve a safe, efficient, and coordinated transportation system capable of serving and supporting the citizens and the economic base of the area, and to minimize conflict between agricultural and urban land uses. POLICIES - Provide a circulation system appropriate to rural development to support various land uses and economic activity. - Provide for controlled access onto Highway 4 within areas designated for residential development growth in the Planned Communities. 9 00239 Encourage the use of buffer zones between residential areas and major • transportation corridors and industrial facilities. - Route new arterials around rather than through residential areas. Plan a system of bicycle paths and hiking trails to connect community facilities, residential areas, and the business district, as well as points of interest outside the community utilizing existing public and semi-public right-of-way. - Reduce the dependence on the automobile by encouraging the patronage of public transportation. Maintain the present road system in designated agricultural regions,-with improvements confined to upgrading of structural deficiencies such as road widths, alignment, and drainage. Develop roads in hill areas to conform with topography in order to minimize disturbance of slope and natural features of the land. COMMUNITY FACILITIES GOAL To obtain maximum benefit from existing public structures; to provide adequate public services, cultural and recreational facilities for residents of all ages. POLICIES - Provide civic, cultural and recreational facilities adequate to handle present and future demand. - Maintain and upgrade existing public utility, fire, police and all other public services as needed to adequately protect and serve existing and new development. - Utilize existing and future public facilities, such as schools, libraries and communities halls, as neighborhood activity centers. - Preserve and restore wherever possible, areas and structures of historic significance. • 10 X1140 . THE GENERAL PLAN ELEMENTS State law requires local government to prepare and adopt a General Plan, including as a minimum elements of land use, housing, circulation, scenic routes, open space, conservation, safety, seismic safety and noise. This Area General Plan includes the required elements of land use, circulation and open space as well as the optional elements of recreation, trails and community facilities. Housing, conservation, safety, seismic safety, scenic routes and noise are addressed in Countywide elements and are referenced to the Countywide Elements. This Area General Plan is designed to detail the General Plan elements named above, as they relate to the East County Planning Area. Elements which are not amended by this Area Plan continue to be in effect as the governing county policy throughout the county, including the East County area. The Area General Plan consists of both maps and text. The text outlines the plan policies, and the Plan Maps delineate the distribution and location of land uses, roads, facilities and other features. The Area General Plan elements provide for the continuance and enhancement of agricultural activities, orderly growth of communities, the future growth of industry, all served -by appropriately located roads and community facilities. Provision of future road improvements, flood control works and other major • public projects should be coordinated with and partly paid by private develop- ment, so that the required public capital expenditures will not cause major increases in property taxes. The Plan designates large acreages of land for continued agricultural and rural activity in the Planning Area. In addition, it provides for a substantial area designated for suburban development. The developable area is substantially larger than that required for a potential population of 25,000. It is expected that the provision of an excess area for development will have two positive results: (1) pressures to develop lands designated for agriculture will be reduced, and (2) the development area is sufficiently large to allow for alternative locational choices. The Plan provides for balanced growth through designation of appropriate areas for a variety of uses, including land for residential, commercial and industrial uses. The development of the commercial and industrial areas will strengthen the Planning Area economy and provide for further employment opportunities for residents of the Planning Area. LAND USE ELEMENT The Land Use Element of the Area General Plan uses the following land use categories, discussed in greater detail below, and describes their disposition: • Agriculture Agricultural Core 11 00241 Agriculture-Recreation • Agriculture-Residential Planned Community and Recreation Community Residential : Single Family (Low, Medium and High Density) Multiple Family (Low and Medium Density) Urban Density Rural Density Commercial Office Light Industry Commercial Recreation Public/Semi-Public Recreation Major Parks/Recreation Areas Local Parks Historic Sites Trails Industry The location of land uses is shown on an overall map of the Planning Area, and the individual uses within the "Planned Community and Recreation Community" category are shown on larger scale maps which detail the specific land uses within the "Planned Communities" of Oakley-Brentwood, Byron, Knightsen, and Discovery Bay, and the "Recreation Community" of Bethel Island/Sand Mound Slough. • AGRICULTURE The economy of eastern Contra Costa is based primarily on agriculture and related industries. The Planning Area contains approximately 40 percent of the County's agricultural land and it produced an average income of more than $27,000,000 from 1970 to 1974, an average of 72.8 percent of the County's agricultural total for the same period. Acreage in agriculture in Contra Costa County diminished from 299,954 in 1960 to 244,705 in 1970, a decrease of 18 percent.l The reasons for this reduction include among others urbanization, land permanently taken out of agriculture production, and land converted to recreational use. The primary objective of this Area General Plan is the preservation of productive agricultural lands in the Planning Area on prime soils, so that viable agricultural activity may continue. In order to achieve this goal, a number of land use policies must be adopted, existing zoning and other ordinances refined, and new and effective programs developed and implemented. • 1Contra Costa County Agriculture Department. 00242 12 A number of factors inhibit the future viability of agricultural operations in eastern Contra Costa County. A major problem pertains to small parcel size. Where parcels are small it is more expensive to farm the land because of costs involved in moving equipment from parcel to parcel and the limitations on the manner in which insecticides and fertilizers may be applied. Land suitable for agriculture may also be suited for urban development, primarily because it is flat and easy to build upon. Through the minor subdivision process, large acreages can ultimately be divided into five acres lots with exceptions granted from development plans and improvements normally required for major subdivisions. This process fragments existing agricultural land and places an additional burden on the farmers in the area who wish to continue farming. Division into smaller parcels often also results in higher assessments and higher real estate taxes, and may render agricultural operations economically infea- sible. Market valuation of farm land and the resultant tax burden levied on them is another impact on agricultural viability. State revenue and taxation laws require all lands to be assessed at 25 percent of the fair market value that results from the "highest and best use" of the land. A problem arises when viable farm land is assessed at a speculative value for urban use rather than one reflective of farm values. When agricultural and residential uses adjoin, a number of directly associated problems often develop. In general, residential areas hamper the farmer trying • to operate his farm in an efficient manner, and the farm use may annoy nearby residents. Very low residential densities would minimize these conflicts. The policies of this Plan will exclude suburban development from agricultural areas, and will permit only basic agricultural and rural and recreation uses in these areas. Services and facilities, in turn will be based upon rural and agricultural needs. On the other hand, the Plan acknowledges the existence of certain non-conforming prior parcels and ownerships in all land use areas. Agricultural Core Approximately 14,600 acres (12 percent of the Planning Area) are designated as the Agricultural Core. These are prime agricultural lands with soils rating as Class I or Class II in the land use capability classification of the U.S. Department of Agriculture Soil Conservation Service. Most lands shown in this category are now used for agricultural purposes and are expected to continue in this use. Agricultural pursuits in the agricultural core should be protected by requiring a 10 acre minimum parcel size to maintain economically feasible commercial- agricultural units. The creation of small uneconomical units will be discouraged by land use controls so that it will be unnecessary for property owners to market the land in small parcels. • 13 002,43 Agriculture-Recreation A 20 acre minimum parcel size is applied in this category. It encompasses the Delta islands and Delta lowlands which may be subject to occasional flooding. Both have potential recreational value, but will remain primarily in agricultural use during the plan period. However, if future economic conditions or urban pressures cause a change in the use of these lands, future recreational uses should not conflict with the predominant agricultural uses. Recreational development should be limited to areas where compatible with agricultural uses, and full protection from a 100-year fl000d and urban levels of services may not be provided in the foreseeable future in these areas. Approximately 31,387 acres (27 percent of the Planning Area) are designated for this use. Docks and marinas permitted by the implementing zoning district shall be considered for approval in certain areas based on the following criteria: Where projects can be clustered and located adjacent to similar uses. Along waterways at least 3 feet Mean Lower Low Water and of an adequate channel width as defined by the State Harbors and Navigation Code. - In areas having adequate public vehicular access. - Where offsite improvements, such as required access roads, can be assigned to development. - Where adequate onsite sewage disposal can be provided. • Where located in an area served by a public fire protection district. Agriculture-Residential Lands designated Agriculture-Residential are located essentially west and north of the Agricultural Core, encompassing the steeper slopes and foothillls of the Planning Area, totaling approximately 54,640 acres (46 percent of the Planning Area). This area, due to its lower agricultural value, may be allowed to develop at a very low density, permitting parcels as small as 5 acres subject to applicable health and safety standards. Most of the Agriculture-Residential area should not be required for development during the planning period; therefore, existing extensive agriculture should be encouraged to continue. s 14 PLANNED COMMUNITIES AND RECREATION COMMUNITY Achievement of the goal of preserving productive agricultural lands can only be realized if residential, commercial, and light industrial growth is directed into non-agricultural areas. Four existing communities in the Planning Area have been delineated as urban growth centers on the General Plan map, and identified as "Planned Communities". Criteria used for selection of Planned Communities are: lands now served by water and sewer facilities; lands to which such services can be logically and economically extended in the near future; and/or soils of non-prime classification. The community of Oakley and the City of Brentwood will form the nuclei for the largest Planned Community. The small communities of Knightsen in the north central portion of the Planning Area and Byron in the southern portion will form small nodes for urban-residential development. The fourth Planned Community is Discovery Bay in the eastern section of the Planning Area, near the San Joaquin County line. Bethel Island/SandMound Slough is shown as a Recreation Community denoting its appropriateness for water related recreation. The Planned Community/Recreation Community concept seeks to enhance the rural nature of the Planning Area and at the same time develop a "sense" of community and cohesion within each growth center. The Area General Plan will facilitate implementation of this concept: - Each community will retain its downtown district as the business and commercial center, with efforts directed tow4rd its rehabilitation and • enhancement. Adequate areas will be reserved for commercial expansion as the need arises. - Future urban development within these urban growth areas will be required to connect to urban utilities and facilities such as sewer and water services. This action will promote the objective of efficient, orderly and coordinated growth as characterized by the Planned Community concept. - The Area General Plan prescribes the locational pattern of each Planned Community and establishes specific objectives concerning urban development. - The Area General Plan provides for a development policy which ties urban growth to the availability of urban services. - The Area General Plan acknowledges the General Plan of the City of Brentwood and the previously approved development pattern of Discovery Bay. Residential In East County, current residential land use accounts for 2,200 acres or 1.9 percent of the total 117,500 acres in the Planning Area. Much of this use is concentrated in Bethel Island (150 acres), Oakley (300 acres), Sand Hill (250 • 15 East County Area General Plan Planned Community Recreation Community Industry k Recreation r ... . n L.. ec o r ,•:� A ri cult uralC re a Agriculture-Recreatlan 1 Agriculture-Residential Public a Semi-Public FRANKS TRACT 0 Water l�r+ti ntuu°p Area Boundary -:•::•:: BIG BREAK �_._. .1 Hwy •� WKLFv, .< CYWeN Rtl M u i ku 41 l • z ,uv,c++rscw NATH # a ; 0 12,000' Lore Tree wey 2 l o ° MAE vrwOO� 1: »<.�(Lt t14+., '^`r •c �`t 4" ..�. O i•" � z lilt Rd ke r .�,=C .Y.i i• •ice � _• •�6:.�ti;. OU '':'S:� t.. t.�� ..:,.^•a�� .�W:{„��' »`� 4:Ks f L •j. �4N� �:ww Syy��LlW,ty � �� 1 .,Yt .._ ���`�, v f~ •• .Hwy • IYwOM 40 40 YSO vuaa raa �::} CLIFTON F'OREBAY 0204 " f • acres), Brentwood (150 acres), Byron (100 acres) and Discovery Bay (620 acres). The remaining acreage is dispersed throughout the remainder of the Planning Area. Single family residences constitute 89 percent (2,000 acres) of the total residential land use. The next most prevalent residential use is the mobile home park at 115 acres or about 5 percent of the total. Individual mobile homes occupy another 60 acres (about 3 percent), while multiple family dwellings and group quarters occupy 35 acres (2 percent) and 15 acres (less than 1 percent), respectively. The Plan utilizes five residential land use categories: three Single Family Residential and two Multiple Family Residential designations. Single Family Residential This land use provides for the expansion of single family homes in the Planning Area. The density and development of single family homes is related to service- availability criteria (water and sanitary sewer) as defined below: Minimum Allowable Service Availability Parcel Size No public water or water connection 5 acres available. • One public service (sewer or water) 1 acre connection available. Both public water and sewer connections Minimum parcel size consistent with available. the densities specified below and drainage, health, and other appli- cable standards. A "public water" connection shall mean a connection to any one of the following: Oakley County Water District; City of Brentwood; Contra Costa Water District, if in an improvement district; a county sanitation district which also provides community water, including County Districts 15 and 19; or any water or other district authorized to provide and providing such service. A public water connection shall not include mutual water companies, irrigation or reclamation districts. "Public sewer" connection shall mean a connection to a sewer in a sanitary or sanitation district authorized to provide and providing such including: City of Brentwood, Byron Sanitary District, Oakley Sanitary District and County Sanitation Districts 15 and 19, or other district created for that purpose. 4 LU 16 • The community facilities availability criteria for parcel divisions shall apply to non-residential uses as well as residential uses. In the case of an existing lot of substandard size where both water and septic tank are required, at least one acre of land shall be required. The application of these development criteria is directed at providing a contiguous growth pattern, allowing residential development to take place in an orderly manner. The criteria apply to all residential areas indicated on the Plan Map. Single Family Residential - Low Density (1-3 Units/Net Acre) This designation is for areas generally in outlying locations, on land inconveniently located with respect to transportation and other local and regional facilities. Large lot suburban density uses are appropriate here. - Single Family Residential - Medium Density (3-5 Units/Net Acre) This designation is for areas which are located on the periphery of the downtown areas of the Knightsen and Byron communities. It allows for a transition between agricultural/residential use and high density single family uses. Single Family Residential - High Density (5-7 Units/Net Acre) High density areas are on easily developed land, convenient to transportation • and shopping facilities. Also included within. this category are duplexes which would generate a maximum 8-9 Units/Net Acre. This designation reflects existing small lot neighborhoods in the Planned Communities and the perimeter of Bethel Island and Sand Mound Slough. Where service availability criteria and designated densities diverge, the more restrictive shall govern. On Bethel Island and Sand Mound Slough only, Single Family High Density use is construed to include boat harbors, launching facilities, and ancillary uses, after granting of a Land Use Permit. Multiple Family Residential The Plan provides for areas of multiple family units in Oakley, Byron and Discovery Bay. Multiple family areas are located near shopping and major traffic routes and provide for a variety of housing types and residence choices. Additional areas are designated for this use in the Recreation Community of Bethel Island, including Sand Mound Slough. Multiple family housing density ranges are set forth below, and generally range from 7 to 21 units per net acre. In addition to providing for multiple family residential units, this land use category also includes mobile home parks. Multiple Family Residential - Low Density (7-12 Units/Ne-: Acre) • 17 • Low density multiple family areas are shown in Discovery Bay. The emphasis here is on convenient location, transition between residential and commercial uses, and a suburban atmosphere through landscaped areas. Duplexes and mobile home parks are included in this land use category. Multiple Family Residential - Medium Density (12-21 Units/Net Acre) This density provides for a wide range of housing types, from single story patio homes and two-story townhouses in the middle of the range, to two- story townhouse and apartment complexes at the higher end of the range. Areas in Byron and Oakley are shown for this use. Urban Density These areas are located within the City of Brentwood and reflect the designation of the existing City of Brentwood General Plan. As defined in the City's General Pian, urban density development includes some commercial and industrial development, and residential development including apartments with a density of at least 3 dwelling units per acre. Rural Density These areas are located within the City of Brentwood and reflect the designation of the existing City of Brentwood General Plan. As defined in the City's General • Plan, rural density uses are residential uses developed in large lots (at least Yx to 1 acre in size) or clustered with most of the site left in open space, preferably in agricultural use. Commercial Currently business activity in the Planning Area is generally concentrated in Oakley, Brentwood and the Highway 4 corridor between the two communities. The remainder of the business activity is located mostly in Bethel Island, Knightsen and Byron. The Plan provides for the expansion of business activity contiguous to present commercial development, and is intended to maintain the viability of the current "downtown" of each of the communities. Since each of the commercial areas is relatively small, commercial and office uses are not delineated separately except in Discovery Bay. The Plan recognizes the need for local convenience shopping centers within the Planning Area, and the need for a limited number of these activities in residential areas should be recognized. Office Office uses are delineated separately in the Discovery Bay Planned Community. • Areas provide for professional, administrative and general business offices on a 1861 02 minimum lot size of approximately one-third acre. Typical uses include • professional offices for the practice of law, architecture, dentistry, medicine, engineering, and accounting; business offices for insurance and real estate; administrative, executive, and editorial offices. Light Industry Light industrial uses provide for local employment opportunities and the expansion of the economic base of the community. The Plan provides areas designated for light industry in the communities of Oakley, Knightsen, and Byron. These areas are located to take advantage of railroad sidings and major transportation routes to facilitate shopping and receiving of goods. Initially, industries will be of a type which will enhance and support the agricultural community. Later expansion should include more broadly based light industrial complexes providing greater opportunity for a variety of jobs within the Planning Area. The General Plan of the City of Brentwood also provides for light industrial use along the Southern Pacific right-of-way through town. Commercial Recreation Commercial recreation uses are delineated in the Discovery Bay community. • The area outlined denotes commercial uses oriented around the golf course and marina. These include a clubhouse, restaurant, harbormaster's office, launching ramps and driving range. Public/Semi-Public The Public/Semi-Public category reflects the major publicly and semi-publicly owned lands and facilities such as schools, County offices, utilities, etc. The Plan acknowledges the general compatibility of these uses with other land use categories. The projected need for these facilities is discussed in the Community Facilities Element of this Plan. THE PLANNED COMMUNITIES The brief description below summarize the major land use proposals for each Planned Community. In general, the proposals reflect existing land use patterns, extended and based upon estimates of future population growth and potential demand and supply for public facilities. Oakley-Brentwood This Planned Community is the largest in the Planning Area and extends from the Neroly-Bridgehead Roads area southeasterly through the Oakley and Sand Hill areas to link with the City of Brentwood. It is envisioned that most development • 19 0114 in this area will -fill-in vacant lands already served byroads and utilities, and will take place at development densities in keeping with the character of the area. In the Oakley area new development is encouraged to take place within the Oakley County Water District and Oakley Sanitary District boundaries, basically north of the Contra Costa Canal, as an infilling process and in a contiguous fashion where water and sewer mains can be efficiently extended. The area designated for Single Family Residential - Low Density uses, south of Laurel Road, should be considered as interim agriculture since viable agricultural units exist here and the area is not needed to accommodate growth to 1990. This interim agriculture status should be reviewed periodically. This portion of the Planned Community should be considered for urban development (subdivision) only when all of the following criteria are met: - The contiguous Planned Community area is largely developed; i.e., most of the area in Oakley north of Laurel Road is built out at the residential densities assigned by the General Plan. - Adequate utility capacity is available and service lines or trunks are in proximity to area. - Costs of providing the development with public services, including street improvements, are fully assumed by the developer. • Commercial land use is indicated along Highway 4 between Neroly Road and Live Oak Road; at Highway 4 and Empire Avenue; along Highway 4 through the present business district of Oakley; at the intersection of Highway 4 and Cypress Road; and along Highway 4, extending both north and south of Lone Tree Way. Multiple Family Residential uses are located west of Highway 4 north of Empire Avenue, along the south side of Highway 4 easterly from Empire Avenue, and between Old Highway 4 and its relocation in the Oakley area. The Light Industrial land use is shown along the ATSF Railroad tracks from just north of. Main Street to the Contra Costa Canal in Oakley. Public/Semi-Public land uses include the Oakley and Gehringer schools; the Oakley Sewage Treatment Plan; and the Brentwood city sewage treatment plant located alongMarsh Creek Channel east of Highway 4. The remainder of the Planned Community is indicated for Single Family Residential use at high and low densities. The adopted General Plan of the City of Brentwood is shown for both the areas within the city limits and is reflected in the densities in the established Sphere of Influence of the city. The holding capacity of this Planned Community is estimated at approximately 30,000 persons, if appropriate public facilities can be provided, though the population is estimated at 14,600 in 1990. Knightsen The community of Knightsen is generally located at the intersection of Knightsen Avenue and Delta Road, northeasterly of the City of Brentwood. The land use element of the Plan generally reflects existing development in the community. The westerly portion of the community is designated for Single Family 20 001451 Residential (high and medium density) land use and provides substantial areas where new residential development could occur. Existing residential develop- ment east of the Knightsen Elementary School is also shown. The commercial land uses are concentrated on the southerly side of Knightsen Avenue, between First Street and Delta Road, sufficient in size to serve not only Knightsen but the surrounding agricultural area. Light Industry is outlined for the area fronting on the northerly side of Knightsen Avenue along the ATSF Railroad tracks. The Knightsen Elementary School, located in the easterly portion of the community, comprises the Public/Semi-Public land use category. Holding capacity is estimated at 250, and the 1990 population at approximately 160. Byron Byron is centered along the Southern Pacific Railroad right-of-way in the southerly portion of the Planning Area. Multiple Family Residential, Commer- cial and Light Industry uses are clustered in the central part of the community, and also extend northerly along the Byron Highway. The Single Family Residential uses, both high and medium density, are designated around the more intensive land uses discussed above. The Byron Elementary School and the Byron Fire Station, located in the north and south parts of the community, respectively, comprise the Public/Semi-Public land use category. The land use proposals in the Byron area provide for a holding capacity of up to 1,500 persons with a 1990 population of approximately 600 persons. Discovery Bay • Discovery Bay is a water oriented residential community located in the easterly portion of the Planning Area near the San Joaquin County line. At full development, Discovery Bay could grow from its present population of 90 to approximately 12,000 persons. Development will be comprised primarily of single family homes, with some multiple family residential and commercial- recreation development around man-made lagoons and water channels. The community will also contain limited commercial development in its center and commercial and office development at its southerly edge along Highway 4. Recreational facilities will include a golf course, neighborhood parks and commercial marina. RECREATION COMMUNITY The area indicated as Recreation Community is planned to accommodate uses which are primarily oriented to a recreational opportunity, including certain related residential and commercial uses. The Area General Plan designates the community of Bethel Island and an area along Sand Mound and Dutch Sloughs for this type of recreation oriented use. Bethel Island/Sand :Mound Slough Five land use designations are applied in the Bethel Island Area. The existing commercial uses located along Bethel Island Road at the entrance to the island are designated in the commercial land use category, as are the major marina and S 21 boat harbor complexes. The erimeter and a large portion of the south and P g southeasterly part of the island, as well as lands along the southerly bank of Dutch Slough and along Sand Mound Boulevard are shown as Single Family Residential - High Density uses, and also include small existing boating facilities. 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'•�='' + MLS LEGEND ^ 4 SINGLE FAMILY RESIDENTIAL-LOW .,a SINGLE FAMILY RESIDENTIAL-MEDIUM > •�;; SINGLE FAMILY RESIDENTIAL-HIGH URBAN DENSITY-COM+iERCIAL,INDUSTRIAL & . I" = 2000' _RESIDE111TIAL a :: �; RURAL DENSITY-LARGE LOT RESIDENTIAL z t.. 9 Ln Mt IN 1p Knightsen CoMmunity Plan NORTH off..-rte 300 600 DELTA ROAD LEGEND rrrrrrrfrrr `:::i:. 'fyfc rrrrrrrr SINGLE FAMILY RESIDENTIAL-MEDIUM rrrrrrr �r' . Fy riii .SINGLE FAMILY RESIDEN+IAL-HIGH COMMERCIAL LIGHT INDUSTRY PUBLIC & SE,,14%PUBLIC MA 00257 Byron Community Plan • BYER RD. s VN .A •''tiff;:'::;}` , SY. •:ti;: ••:�•:•:•}:: ; .. .. ...•.•:•:•:•:. r. tiff: 1.• 1•.Y.'. `ti �:ti t•� •.. SLSStS'114I: 1:1 CAtlI II . .. .. D IABLO '*^"""....• \1•.`i i •. 1•. 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R. r SS❖:•;• yyS PRESTWICK OR CLIPPED `D : :t.. , . .. .: HIGHWAY 4 LEGEND SINGLE FAMILY RESIDENTIAL-HIGH F MULTIPLE FAMILY RESIDENTIAL-LOW COMMERCIAL 0 900, ?8C0' COMMERCIAL RECREATION VQL,4111"110FFICE PUBLIC & SEMI-PUBLIC r � r: • 45 9 i Bethel island - Sand Mound Slough Community Plan • r���r .Y: ^: j/ /,`.lam •_.: • ��,,��,•.o.$*ti•::. `'1 ij..r ,�''. t('�/�-"r�,.l`�.',�'i-tet. .;�;Ci�/ %�:�,%❖%::'%•: ..�?��� cam' :ti;•. • Z. F' ` * r fi:+CA L..Gtr tn•,„ r ' . R"k `{+` ':';.,.: ".0.���'�!: �c� '�'r•�;;,��„{1fSI`:t'�f���r� �.i" tY` �y.: �'',� ... �! :"• �.Y ..� q K:1 YM�C it • %%;% s1•ttr' V'�`iY': Z ,T*' "-��w iir�, t• '%`;ti,•. f��"Y.1"��.�r��.�►er�'y�C.�,;E=Y�! "�%"���.Y.r/."Y.�c�J -fryyt'1•�;�! �.`�.r�� • '•A 7�"_' •C�/4`l"'•�er,�"r . �, '�r `K%.4.. .T V� FC'rN!'�t...l�' ♦��yy .r` ••S�% *y�y� i•�t '?~�L'�r,�w�"`C•.-Rtr F•y �}. Ar`,;,�Yh1►L .II. •+ ',i+�,^�j• A�i. ('t�,�cl....F '^, r :.fTt�r� !`rrr, ^� !F�[,`lam.M!'' �,;{,- .a.,�.r'S �^ �•� C'•t, r�tCr"<t 'r"i'�*lda �:."C'`-"�'-R Git Y�P�tiY r�tt�•M ~ �l+- t, r t'r�t�r 6' t•S� �•: �`�f`�- �'''; "=�."% .�r�,'`�,�,`''�?�=h'��" ,,r.�,��f�•� r rte..: �.w. "r�� O f: GATEWAY . 0. O `'.1.•• :•;• LEGENDM Single Family Residential-Low Density ' Single Family Residential-Hi h Density ""' High 1500 3000' Multiple Family Residential-Low Density- Commercial Agriculture Residential 000460 • RECREATION A major objective of the Area General Plan is the preservation of natural recreational resources in the Planning Area. These resources are indicated on the Plan Map as recreational land, and once utilized for other uses can not be replaced. Most of this land has important environmental, ecological, historic, and other chacteristics from which it derives its recreational potential. It is the intent of this Plan that these recreational areas be utilized by public or private recreationally-oriented developments or be preserved for future recreational use. Major Parks/Recreation Areas State Facilities A variety of state agencies exert influence over the Delta area and, therefore also on a portion of the East County Planning Area. Those agencies primarily concerned with recreation are the Department of Fish and Game and the Department of Parks and Recreation. Frank's Tract State Park Recreation Area. This area is basically a 3,310 acre lake surrounded by perimeter levee remnants, which form a long line of slender islands. The park is maintained primarily for water-oriented recreation activities. Park-type accommodations and public boat launching facilities do not exist within the Recreation Area itself. Water access to the Tract is provided . through private marinas and launching facilities.on Bethel Island and on adjacent sloughs. The nearest public boat launching ramp is located in Antioch. The Plan reflects a state program of park land development in the Frank's Tract Recreation Area. The state has assigned high priority to the acquisition and development of an intensive park facility which would include camping, picnicking, and boat-launching areas to relieve demands on Brannan Island State Park and to satisfy current demands at Frank's Tract. A site on the north shore of Bethel Island is deemed most appropriate for such a facility, since highway access is available and Bethel Island is already partly developed for recreation uses. Clifton Court Forebay. The Forebay, a water supply reservoir for the State Water Project Delta Pumping Plant, consists of 2,200 acres of water surface and eight miles of shoreline. The Forebay is now used for bank fishing and waterfowl hunting, and present recreation faciliites include auto parking, a boat launching ramp and portable sanitation facilites. The Plan supports further development of a wider variety of recreation facilities, including approximately 100 acres of state lands available for onshore facilities for beaches, camp sites, picnic areas, concession areas and permanent sanitation facilities. Wildlife and Scenic Areas. The State's.Delta Master Recreation Plan identifies . areas of scenic beauty and unique wildlife resource which should be preserved and managed in the public interest. Two areas in the Planning Area are the Old River Islands between Rock Slough and Quimby Island and Big Break. The East 23 004:61 Bay Regional Park District in cooperation with the U.S. Corps of Engineers is considering the possibility of developing the Big Break area as a regional park. Big Break has been identified as suitable for development as a 'Wildlife Management Area". Local Parks The Area General Plan recommends that local neighborhood and community parks within the Planned and Recreation communities be provided as they develop. The County Park and Recreation Element of the General Plan provides a standard of four park acres per 1,000 population. Wherever possible, school sites should be used to augment the park and recreation needs of the community. Existing local park lands in the planning Area include the Brentwood Park (4 acres) and a tot lot facility (7,000 square feet), in the City of Brentwood; and a 3 acre park located on part of the Oakley School grounds in Oakley. An analysis of existing park facilities, applying County acreage standards, indicates a deficiency of 93 acres in the Planning Area based on a projected 1990 population of 25,000 persons. A formal mechanism to provide local park facilities to communities on an area wide basis does not now exist, since no County parks and recreation departments exist and the Planning Area does not lie within the East Bay Regional Park District. Portions of the Planning Area are serviced by other means: , - The Brentwood Parks and Recreation District provides local park facilities and services in the Brentwood area. - County Service Area LIB-11, originally established to provide library services, will maintain the joint school-park facility at the Oakley School in conjunction with the Oakley Elementary School District. - The Bethel Island Municipal Improvement District, originally established to provide levee maintenance and drainage facilities, may assume park and recreation service responsibilities. Major Parks The Area General Plan designates the John Marsh -Home, the surrounding area and Marsh Creek Reservoir, as public and semi-public use. This facility is also a potential park facility. The County presently owns the home site which covers over 7 acres. The historic home and reservoir could provide a setting for a subregional park facility, serving not only people from the Planning Area, but also from the Central County. The Plan recognizes the potential for private recreational development at Byron Hot Springs and designates this area for recreational use. 24 0 "(-'62 Historic Sites In addition to the John Marsh Home, other sites in East County are also worthy of consideration for preservation. If and when funds become available, these sites should be considered for protection and restoration. Babbe's Landing, Sellers Road Preston House, near Byron Geddes House, near Brentwood Iron House School, Cypress Avenue and Sellers Road McCabe House, Brentwood Road Byron Hot Springs Hotel, near Byron Vasco Caves, near Byron Byers House, Byron Murphy and Wallace Homes, Brentwood Darby House Site, near Brentwood Hoffman House, Byron Coats Hall, Brentwood Parrish House of Methodist Church, Byron Point of Timber Landing, Indian Slough Point of Timber Trading Center, Point of Timber Road and Highway 4 Byron Grange Hall, Byron Byron IOOF Hall, Byron Liberty Grammar School, near Brentwood Riding and Hiking Trails and Bicvcle Paths Currently no trails or paths exist in the Planning Area. Future trails and paths should be integrated with the Countywide Recreation Element to provide for a system of recreation trails and paths within the County. Trail routes are shown in the County Interim Hiking and Riding Trail and Bicycle Path plans, except that in essentially level East County Areas hiking trails and riding trails should be located jointly. Trails will generally connect Oakley with Bethel Island, Brentwood, and the Marsh Creek Reservoir. Highway 4 will serve as a a connection to San Joaquin County. 25 INDUSTRY Land currently in industrial use is limited to less than 600 acres,approximately 0.5 percent of-the total land area in East County. "Heavy" Industry (104 acres) includes a wide range of industrial and manufacturing uses, some of which could provide substantial amounts of traffic, noise and fumes. The only existing use of this type is the E. I. DuPont plant near Bridgehead Road; the majority of the existing industry in the Planning Area is of the "light" industry type. "Light" industry (137 acres) is characterized by high performance characteristics, including low levels of noise and fumes, low land coverage and moderate traffic• generation. Uses include manufacturing, wholesalingand storage among others. An additional 350 acres are devoted to mineral extraction on agricultural lands. The Plan provides approximately 550 acres of land for heavy- industry in the northwest corner of the Planning-Area. This area reflects the existing DuPont plant, provides for expansion of the industrial community, and is a logical extension of the Antioch-Pittsburg industrial complex to the west of the Planning Area. Light industrial areas are designated in the Planned Communities (approximately 90 acres) to provide local employment opportunities and promote the expansion of the economic base of the community. Existing light industry outside the designated areas will be retained but may not be expanded. • 26 4 PUBLIC/SEMI-PUBLIC Public and Semi-public uses include major publicly owned lands and facilities, and those owned by semi-public agencies. Public/Semi-Public areas outside the Planned Communities include: Deer Creek and Dry Creek water retention basins, Marsh Creek Reservoir and John Marsh Home, Byron Boys Ranch and the Byron Sewage Treatment facility. HOUSING ELEMENT In 1970, the Planning Area population of 13,900 was housed in 4,900 dwelling units with an average size of 2.9 persons per household. Of the total housing units, approximately 80 percent were single family dwelling units, 9.5 percent multiple family units, and the remaining 10.5 percent mobile homes. In 1975 the Planning Area population of 15,200 was housed in 5,900 dwelling units with an average household size.of 2.57 persons. Approximately 76 percent of the total housing units were single family dwelling units, 10.8 percent multiple family units, and the remaining 13.3 percent mobile homes and group quarters. Approximately 65 percent of the dwelling units are owner-occupied. The 35 percent in renter occupied units are mostly in single family residences and mobile homes. The data indicate a slight shift in the housing mix from single family homes to • multiple family units and mobile homes, a shift which most likely is related to -housing costs and the limited incomes of the increasingly aging population of the Planning Area. It is expected that housing needs of East County residents will be met partially through programs developed for all of the County pursuant to the Housing Element of the General Plan, though additional programs applicable mainly to rural areas (such as mortgage assistance of the Farmer's Home Administration) will also be utilized. 0W 26� 27 CIRCULATION ELEMENT The Circulation Element of the Area General Plan designates a transportation system to provide for the efficient movement of people and goods throughout the Planning Area and provide East County with links to the surrounding region. ROAD SYSTEM The existing road system in East County consists primarily of County roads laid out in a typical grid system oriented north-south and east-west along section lines. The basic road pattern was established in the early 1930's to serve the agricultural needs of the area and has changed little since then. The Area General Plan calls for few major additions to the roadway system. The majority of new roads and road improvements will be provided through the development process by frontage and off-site improvement requirements. Freeways Freeways are high-speed limited access traffic arterials designed to facilitate the movement of large traffic volumes (40,000 and more trips per day), between regions and to provide connections for major development centers to a regional circulation facility. Consideration was given to the establishment of a Freeway alignment to connect • San Joaquin County with existing Freeway Route 4 near the Antioch Bridge. However, state highway financing policies indicate that funds for such a facility will not be available for a time period exceeding the Planning Period, and the retention of a large-parcel development pattern in all but a few areas of East County renders it unnecessary to protect any alternative route alignments. A freeway is, therefore, not designated in this Plan. Major Highways The function of a major highway is to expedite movement between relatively distant points of a community or region. These facilities generally have no access control but provide for through traffic and large volumes of vehicular traffic (20,000 trips per day and more). A major east-west route through the Planning Area is currently provided by State Route 4. In addition to carrying local traffic, Highway 4 is the major facility linking East County communities with Stockton, central and west County and the greater San Francisco Bay Area. The Plan recognizes that growth in the Planning Area and through-traffic will not require new major highways. Instead the Plan provides for straightening existing Highway 4 in Oakley and for road widening and improvement. Further, since Highway 4 creates both a noise and traffic problem where it traverses the communities of Brentwood and Oakley, it is recommended that alternate routes in or around these communities be studied. • 28 ni�2C Although the State has no formal plans for new major highways in East County, highway corridors are noted by the State along Vasco Road and Byron Highway and for a possible Highway 4 relocation. Arterials The arterial system connects major traffic generators within communities with each other by carrying traffic from collector streets to major highways and freeways. Arterials form a through traffic network carrying intermediate distance trips and should be designed-to accommodate moderate speeds. Traffic volumes on arterials generally range from 17,000 to 22,000 trips per day. Arterials in the Planning Area are shown on the Circulation Element Map. The majority of the arterials shown follow existing roads in the Planning Area. The routes shown but not presently developed are: the extension of Byron Highway to connect to Bethel Island Road, the extension of Laurel Road from Empire Road to Hillcrest Avenue, the extension of Eden Pains Road to Highway 4, the extension of O'Hara Avenue to the SPRR right-of-way, and the extension of Sand Hill Road from Highway 4 to the SPRR right-of-way. Collectors Collector streets serve internal traffic movements in the Planning Area and serve to collect traffic and carry it to arterials, and to shopping centers, schools • and other traffic generators. Collectors generally carry between 9,000 and 12,000 trips per day. Except for arterials and minor streets, nearly all the remaining existing County roads in East County function as collectors and also constitute the future collector network. No new collectors are provided for by this Plan. Minor Streets Minor streets provide access to individual parcels of land and other elements in the road network and thus serve only local traffic. The demand for minor streets usually coincides with new development, and they are usually provided by developers in conformance to the County Subdivision Ordinance. PUBLIC TRANSPORTATION Existing public transportation in the Planning Area is provided primarily through five daily inbound and outbound trips by BARTD buses terminating at Brentwood, and two daily scheduled Greyhound Bus Lines trips through the area. Special van service to hospital patients and handicapped is also provided by private or non- profit groups. • The provision of transit to the East County is considered highly desirable. A number of studies have analyzed transit needs, potential service by bus and van systems, and potential routing. The extension of BARTD rail service to the area is not deemed feasible during the Planning Period. 29 0096� East County Circulation Pian to 1990 MAJOR HIGHWAY ��• ARTERIAL S ..�+.� PROPOSED ARTERIAL y Gateway Slvd i State Hwy 4 q '` oad cvprm c Q ! 7. _y ! Lavew c Rd Y Q Delta Road i 1 w � Lam Tree Way \\!t ` w T \ . .. A.T. It tZ o i d Balfour Road ; � m 1 Wrsh Creek,oad Stat#Hwy 4 Camino Diablo Road•• 1 aZii 04� 99, o 20,000' ............ 00 • An East County Transit program has been established through a joint powers agreement between the County and the Cities of Antioch, Brentwood and Pittsburg. This program is operated by the Eastern Contra Costa Transit Authority which contracts with AC Transit (Alameda Contra Costa Transit District) for limited bus service within the City of Brentwood as well as to link the Brentwood area with the Antioch area and westerly as far as West Pittsburg. The East County transit program is also integrated with the present BART bus service in East County by providing feeder bus service to BART express buses. The County has applied for a Rural Demonstration Grant to fund a two year demonstration program which could result in more comprehensive transit service within the Planning Area than that planned in the East County transit program. This service will link the Bethel Island, Knightsen, Brentwood, Byron and Oakley areas with the Antioch area and will be particularly aimed at providing transit service to the elderly, handicapped and minority groups for shopping and medical trips. If successful, this service could eventually be absorbed by the Eastern County Transit Authority. RAIL TRAFFIC Two railroad lines serve the East County area; the Santa Fe (ATSF) through Oakley and Knightsen, and the Southern Pacific (SP) through Brentwood and Byron. Passenger service is not provided to the Planning Area. No change in the status of rail traffic is provided in the Plan. In addition to carrying agricultural products from East County to market, the railroad rights-of-way provide the potential for recreation trail routes. • 00469 30 OPEN SPACE AND CONSERVATION ELEMENT . The legislation requiring an Open Space Element of the General Plan defines open space as any parcel of essentially unimproved land or water area used for the preservation and production of natural resources, outdoor recreation and public health and safety. The East County Area General Plan Open Space/Conservation Element identifies the following categories of open space: Recreation Water Areas Together the above Open Space/Conservation categories contain approximately 5,660 acres of land and water area in the Planning area: RECREATION l This designation on the Land Use Map includes Frank's Tract State Park: and Byron Hot Springs. The John Marsh Home is designated as a "Public and Semi- Public" use, but has the potential of becoming a full-fledged park. The publicly owned parks, recreation areas, public utility rights-of-way, and managed watershed lands are defined as permanent open space. WATER AREAS Much of the Planning Area is part of the San Joaquin and Sacramento River Delta and as a result is laced with a variety of waterways including sloughs, rivers and lakes. Much of the water area is contained in Frank's Tract (a flooded island), Clifton Court Forebay (a man-made holding facility) and Marsh Creek Reservoir. In addition, there exist numerous sloughs connecting the San Joaquin and Old Rivers with the larger bodies of water and with each other. The waterways open for public use and not in private ownership are defined as permanent open space. 31 f�02 !U • COMMUNITY FACILITIES ELEMENT All development, be it rural or urban in character, requires a number of supporting facilities and services. These facilities and services range from schools, recreation, fire and police protection to various types of water supply and sewage disposal, roads and flood protection. The type and level of facilities and services varies both by area and density of development; farms located on 100 acre parcels will require a different size of roads and pavement than a residential development with parcels of 10,000 square feet each; septic tanks can serve acreage, but not a house in a small-lot subdivision. Community facilities in the context of this Plan, thus, include the variety of facilities which are needed in relation to the kind and amount of development in the area. These services and facilities may be supplied by a public or semi-public agency. Every community must have a water supply, a means of disposing of sewage, schools, utilities and other community facilities. Each of these facilities has an ultimate design capacity which limits its service capability. As an area experiences urban growth the demand for facilities increases, and existing facilities become outmoded or do not have an adequate capacity to meet the demand. This element establishes the need for facilities to serve the land use and circulation patterns outlined in the Area General Plan. • Services provided by public entities are analyzed in this Flan since they are directly related to the functions of local government, while the facilities and services provided by non-profit or other agencies are expected to be supplied as the need arises. Many of the facilites in the Planning Area are utilized at or beyond their design capacities, and will require expansion to meet the needs of the future development provided for in this Plan. Multiple purpose use of facilities is suggested to the maximum extent feasible, since it provides for more efficient use of tax revenues and avoids duplication of effort by a variety of agencies. Schools, park and recreation facilities are most frequently designed for multiple use, though this principle applies also to recreation trail development and other public works such as drainageways, utility rights-of-way, commercial areas, scenic areas and historic landmarks. The Area General Plan projects the demand for the following facilities based on population increases inherent in the Plan policies for the Planning Area: Educational Facilities Recreation Facilities Health Services and Facilities Utilities and Flood Control Facilities Protection Services and Facilities 004 f1 32 Community Facilities t a ❑ Stare Hwy 4~ A T •'`:a sem. �.qp- * Cypress Rd J N 'Ot ` 1*-20,000' �n Lone Tres Way•\ ❑ .` O Brentwood Ave c Afarsh Creek Rd •\ \ State Hwy 4 LEGEND • Grammar Schools 0 • High School 0 Libraries ❑ Fire Houses \ ♦ Boys Ranch �• • EDUCATIONAL FACILITIES Schools The East Contra Costa area is served by four elementary school districts: the Brentwood, Byron, Knightsen and Oakley School Districts. The Liberty Union High School District, with a high school in Brentwood and La Paloma Continua- tion High School located on Lone Tree Way, serve the total Planning Area. Existing schools are Brentwood Elementary, Edna Hill Elementary and Garin Elementary, all in Brentwood; Byron Elementary in Byron; Knightsen Elementary in Knightsen; and Gehringer Elementary and Oakley Middle Schools in Oakley. Total school enrollment in the Planning Area increased from 3,260 in 1962 to 4,250 students in 1975. Every school, with the exception of Liberty High School and Garin School, is presently operating below its design capacity. Percentage of space utilization ranges from a low of 76 percent at the Oakley School to a high of 103 percent at the Garin School. Planned growth pursuant to the Area General Plan will increase the number of school age children in the area by an estimated 7,000 to a total enrollment of 11,250 by 1990. This increase will require the construction of new facilities to provide additional student capacity. In addition, portions or all of some East County Schools will need replacement by the end of this Planning Period. Within the Brentwood Union School District all but two classrooms of Brentwood School • and two-thirds of Edna Hill Elementary will need to be replaced. The Byron Elementary School will need replacement or renovation before that time as a result of a projected sharp enrollment increase caused by development at Discovery Bay. The Knightsen Elementary School, at most, will require replacement of its main building. Barring major school expansion, the Oakley Elementary School will require replacement by 1990, as will two-thirds of the facility at Liberty Union High School. The nearest institution of higher learning is Los Medanos Community College, a two-year college located in the City of Pittsburg. Libraries East County is served by three libraries located in Brentwood, Byron and Oakley and operated by the Contra Costa County Library System. On the basis of population related standards of the American Library Association, the present library facility in Brentwood is inadequate to serve existing demand. However, all libraries benefit from special County library services, including a central book depository, reference system and bookmobile service, so that the service level delivered is higher than statistics indicate. The County Library System considers that present facilities are inadequate to serve future growth of the Planning Area. New branch facility construction is contigent upon future policy decisions. One additional branch library facility may be required to serve a population of 20,000 if existing supplementary library • services are continued. 6 0K`13 33 RECREATION FACILITIES • Parks Two .large State operated recreation areas are located at the. north and south extremes of the Planning Area. Frank's Tract State Park, located in the northerly portion, covers an area of 3,310 acres -- mostly open water. The park is, maintained for water-oriented recreational activities such as fishing and boating. Clifton Court Forebay, developed jointly by the Department of Water Resources and Department of Fish and Game, is located in the southeastern portion of the Planning Area. While not a park in the true sense, the Forebay covers 2,200 acres of water and & miles of shoreline and is used for bank fishing and water fowl hunting. Approximately 100 acres of adjacent dry land are also available for the development of facilities. A short distance outside the Planning Area are located three major parks --Mt. Diablo State Park (under the jurisdiction of the State Parks and Recreation Department), and Contra Loma Regional Park and Coal Mines Regional Park (under the jurisdiction of the East Bay Regional Parks District). Only three local park facilities exist in the entire Planning Area. These are Brentwood Park (a neighborhood park of 4 acres), a tot lot on Curtis Drive, also in Brentwood, and a 3 acre park developed on part of the Oakley School grounds. • Recreational features include playgrounds, playfields and picnic facilities. Neighborhood parks, playgrounds and tot lots should be provided in the Planned Communities when urban density development is undertaken on the basis of full utility services. Two proposed wildlife areas in East County are designated by the Resources Agency of California. One is a wildlife management area located at Big Break and the other a wildlife and scenic area in the vicinity of Old River near Holland Tract and Quimby Island. Both areas will serve as wildlife refuges and low use- intensity recreation areas. Sport Fishing The waters of the Sacramento-San Joaquin Delta support rich and important fishery resources. Fishery studies usually relate to the entire Delta, not to specific counties. Although the Planning Area encompasses only about 10 percent of the Delta Region, the recreational and fisheries value of the Planning Area is enhanced by the presence of three large bodies of water; Big Break, Frank's Tract and Clifton Court Forebay . Commercial fishing in the Delta has been closed since 1953 due to conflicts with sports fishing. However, the king salmon which migrate through the Delta from upstream spawning grounds account for approximately eighty percent of the State's eight million pound commercial marine salmon catch. Other sports fish in the Delta are the American shad (an introduced species), and white sturgeon. Delta resident game fish are striped bass, white catfish, brown bullheads, black crappies, blue gill and largemouth bass. 34 00274 • Marinas Thirty marinas or harbors exist in the Planning Area, all privately owned. They vary in size, services and facilities; some moor less than 20 boats and offer few services, while other moor over 300 boats and offer a wide range of services and facilities including boat repair, camping and picnic sites, air strips, iaundromats, grocery stores, boat rentals, restaurants, etc. The quality of the marinas varies, many offer facilities in good repair, protection from high winds, deep, wide channels for ease of access, competent service crews, etc., have very few vacancies and often have waiting lists. The Plan assumes development of additional marina facilities along the recreation waterways in,response to market demand. Historic Sites The major historic site in East County is the JohnMarsh Home on :Marsh Creek Road. The County owns the home site which covers more than 7 acres. It was purchased by the Cowell foundation and subsequently deeded to the County in 1960. The site is on the National Historic Register and is of historic significance. HEALTH SERVICES AND FACILITIES The nearest hospital facilities serving the Planning Area are Delta Memorial (a . 53 bed private hospital in Antioch) and Pittsburg Community (a 78 bed hospital in Pittsburg). The Brentwood Health Center, a semi-public health facility is also located in the Planning Area. This clinic facility provides medical, psychiatric, pediatric and prenatal care services. The clinic is staffed by County personnel and doctors as well as a doctor from the National Health Service. The County Health Department provides periodic clinics, public health nursing services and sanitation services to the area. Private medical resources are limited in the Planning Area. It is serviced by three physicians, three dentists and one optometrist. Two private rest homes, Lone Tree, Rest Haven (50 beds) and A and R Rest Home (12 beds) are located within the Planning Area. The small and scattered existing population of the East County area does not warrant a hospital facility of its own, according to the hospital standards of the Bay Area Comprehensive Health Planning Council. These standards state that a remote low density area warrants one 50-bed facility and that a health facility planning area with a 50,000 to 70,000 population warrants a 75-bed facility. UTILITIES AND FLOOD CONTROL FACILITIES Water Facilities Treated Water Supply The City of Brentwood Water District and the Oakley County Water District are the two major suppliers of treated water in the East County area. The remainder of the area is served by private wells. n �� i !912 0 35 Oakley County Water District. At present, the Oakley County Water District • services the Oakley residential area and the industrial area north of Oakley. Approximately 6,000 acres are served by the district, of.which which 600 acres are under water in Big Break. The present population of the district is approximately 2,600; there are 800 connections, with over 75 percent of the total yearly water demand supplied to one industry (E. I. DuPont). Source of water for the District treatment plant is the Contra Costa Canal. The plant capacity is 4.3 million gallons per day (MGD), and total treated water storage is 480,000 gallons. The facility operates with excess capacity and could serve an additional 11,800 persons. If heavy industrial water demand stays at present levels, and. light industrial demand increases only slightly and is thus comparable to residential demand, the future increase in water demand pursuant to the Area General Plan would not be large enough to require a new facility in the Oakley County Water District. City of Brentwood. Although the City of Brentwood was incorporated in 1948, it did not supply its own water until 1966 when it purchased Contra Costa Water District #I. Today, the population of Brentwood numbers over 3,700 and the service area is approximately 1,190 acres. Users must be located within the city limits or must be annexed to the city. Applicants for water service must agree to pay all off-site and on-site improvements costs for water facilities. Brentwood is the-only municipal district in the County which relies solely upon wells for its water supply. Water is drawn from three wells, ranging between 30 and 206 feet in depth, and is used without additional treatment. The system has an available water storage of 150,00 gallons. Other Suppliers. Twenty-four small water companies with over 800 connections supply water to the Byron-Knightsen plain and Bethel Island area. The remaining demand is supplied by individual wells, and it is expected that future low density residential growth will also be serviced by private wells. Wells are an unreliable source of water in many parts of East County, since the ground water table fluctuates and lowers in dry years. When development occurs, in ,areas such as Bethel Island, a public water supply will be required to allow for connections as required by the development criteria for residential use described-by this Plan. Untreated Water Supply Three agencies in the Planning Area deliver raw water for irrigation and other. uses: the Contra Costa County Water District, the East Contra Costa Irrigation District and the Byron-Bethany Irrigation District. Contra Costa County Water District. The Contra Costa County Water District was formed in 1936 to contract with the Bureau of Reclamation for the purchase and distribution of water from the Contra Costa Canal unit of the Central Valley Project. The District acts primarily as a wholesaler in the Planning Area, leaving local distribution to its customers and to its own Treated Water Division. Customers in the Planning Area include the Oakley County Water District and agricultural water users. The district contains a large portion of the Planning • Area and could develop a surface water supply for additional lands. 36 �� FJj East Contra Costa CountZ Irri ation District. The East Contra Costa County rrigation District, formed in 1925, services 19,000 acres of agricultural lands in the Brentwood area. The district diverts 37,000 acre feet a year from Indian Slough in the Delta. In addition, it maintains wells which produce 2,500 acre feet a year for irrigation and 2,500 acre feet for water table control. Bryon-Bethany Irrigation District. The Byron-Bethany Irrigation District, formed in 1919, serves 17,000 acres of agricultural lands in Contra Costa, Alameda and San Joaquin Counties. A 10,500 acre portion of the district service area lies in Contra Costa. The District diverts 39,500 acre feet a year from the Delta slough region, of which 22,000 are supplied to lands in Contra Costa County. A drainage system returns spent water to the Delta at Indian Slough. Sanitary Sewer Facilities Five sanitary sewer districts in the East County (Brentwood, Byron, County District #15, County District #19 and Oakley Sanitation Districts) presently operate four plants and serve 7,690 persons. Only the Oakley and Brentwood districts serve sizeable populations. Future available plant capacity in the Planning Area varies with construction of the Bethel Island plant. Without this plant, total area sewerage capacity is 14,300 persons, whereas with the Bethel Island plant total sewerage capacity could range from 20,000 to 23,400 persons. Much of the capacity of the Bethel • Island plant will be utilized to serve existing development on the island and south of Dutch Slough. City of Brentwood The Brentwood Sanitary District, formed in 1960, was taken over by the City of Brentwood in 1966. The present system serves 3,660 persons and consists of trickling filters and ponds with effluent being discharged for irrigation. The system capacity is approximately 7,500 persons. The City's treatment plant'was enlarged and improved in 1971, and currently meets Regional Water Quality Control Board requirements. Byron Sanitary District , This district serves the small unincorporated town of Byron located in the southeastern portion of the County. The treatment system consists of a septic tank and percolation field and has a capacity for a population equivalent of 1,400 persons. County Sanitation District 15 County Sanitation District 15 was formed in 1967 to serve the recreational areas of Bethel Island and Sand Mound Slough. No system presently exists, however, a plan calls for the construction of a 6 inch force main and treatment facility with a capacity of 100,000 gallons. Treated effluent will be disposed of by sprinkler 38 irrigation. The plant is ;Manned for a capacity of 2,900 persons, but ultimate • capacity could potentially be expanded to the equivalent of 6,300 , persons. Although these facilities will be built to serve existing development in the District, the plant is capable of being expanded to accept sewage also from planned new development. County Sanitation District 19 This District was organized in 1968 to serve the Discovery Bay development in the Byron Tract area. Construction of the system, including treatment facilities, was finished in 1972. The system presently has capacity for a population equivalent of 3,700 persons. Plans call for expansion of the plant to service the future development of Discovery Bay. Oakley Sanitary District This system provides service to approximately 2,800 persons in the area east of Antioch. Current treatment consists of a septic tank and stabilization ponds; effluent is discharged into Big Break. Plans were made in 1970 for a southwesterly expansion of the District, which would incorporate much of Oakley and lands to the south. In 1974 the Central Valley Regional Water Quality Control Board issued an order providing construction plans for an adequate treatment plant to be completed in 1977. The East/Central Contra Costa County Waste Water Management Program calls for construction of a new treatment plant in Oakley, with an ultimate design capacity able to serve a population of up to 6,000 persons with recent improvements. The policies of the Area General Plan provide for an East County population of 25,000 persons by 1990. If the Bethel Island plant is built, the excess demand of 7,700 persons would have to be serviced by septic tanks or through expansion of the existing sewer treatment facilities. Restrictions for single family housing on septic tanks will require that residential growth serviced by septic tanks must consist of low density lots with a minimum size of one acre where water services are available. Solid Waste Disposal Facilities The East County area is served by two private solid waste disposal service companies. Both dispose of solid waste at the Pittsburg dump site. This land fill operation consists of 25 acres and will be filled in between 3 to 5 years. Alternate disposal sites have not been selected, though there is a possibility that the old Antioch site, which is presently inoperable, may be reopened for limited use. The County's Solid Waste Management Plan contemplates Countywide collection of solid waste for disposal at a facility of the Central Contra Costa Sanitary District, which would also serve East County. Semi-Public Facilities Telephone, electric power, and natural gas supplies are provided in East County . by private companies upon consumer request. • Telephone The Pacific Telephone Company maintains five business offices in the East County area. There are few constraints on the ability of the telephone company to expand its services, and no difficult is anticipated in serving the land use pattern designated in this Area General Plan. Electric Power Electricity in the East County area is provided by Pacific Gas and Electric Company (P.G. & E.). Five generating plants sited in Contra Costa County at Avon, Antioch, Martinez, Oleum and Pittsburg collectively supply power to the County. The two newest plants, Antioch and Pittsburg, provide over 90 percent of the total output of all five plants. The Antioch and Pittsburg plants are being converted from natural gas to a crude oil for fuel, the remaining plants continue to operate on natural gas. Appropriate service can be provided to all development proposed in the Plan. Natural Gas Supply Pacific Gas and Electric Company also provides natural gas to the East Contra Costa County area. Supplies of natural gas are becoming increasing limited, and more restrictive policies are being applied to the extension of service to new users. While most new development of urban districts will probably continue to be eligible to receive natural gas, low density areas and certain non-residential • uses may have to rely on alternate energy sources. Flood Control Facilities The large number of waterways and low ground elevation render many areas in the East County subject to drainage problems and result in the need for major flood control and storm drainage facilities. The Contra Costa County Flood Control and Water Conservation District is the lead agency for constructing flood control and drainage works in the County. They have defined the Planning Area in four flood plain zones, and have prepared zone plans for flood control management. The southernmost watershed and flood control zone in the County is the Marsh- Kellogg Watershed which extends from Mt. Diablo's eastern slopes to the border of the Delta region east of Byron. Prior to recent improvements along Marsh Creek, the area suffered repeated flooding and sediment problems due to overflow of the creek channel. The resulting standing water would remain until it evaporated, percolated into the ground, or was pumped away, damaging or destroying crops in the area. Four flood control dams and channel improvements have been constructed along Marsh Creek, Day Creek, Deer Creek and Sand Creek. They are provided by Flood Control ?ones 1 and 2 and are designed to control flood waters of a 50-year flood. This level of control is acceptable for agricultural needs and meets the standards of the Contra Costa County Flood Control Department. The future adequacy of existing flood control measures is • not related to population levels, but instead to the amount of developed land impervious to water percolation. Since the southern half of East County is not designated for higher density development, there will not be major demand for future expansion of flood control facilities in the Mt. Diablo-Byron region of the watershed. 40 002`9 The second and most critical flood damage area in the East County is the Delta • region, which consists of many reclaimed islands below sea Ievel which are separated from surrounding river channels by levees. These islands are subject to levee breaks, which can result in the long-term flooding of entire islands. The Delta is part of the San Joaquin River flood plain which extends from north of Oakley and Knightsen southeasterly along the eastern boundary of the County. Flood prevention in this area is dependent on the quality of maintenance and design of levees. The levees are managed by two processes which result in differing levels of flood prevention. Direct-agreement levees are engineered and managed by the Army Corps of Engineers pursuant to agreement with the state, and these levees meet the Corps standards for safety and dependability. The second type of levee, non-project levees, are privately designed and maintained by individual water reclamation districts. No specific maintenance standards or regulations exist for many non-project levees. Levees are currently maintained at levels that range from adequate to inadequate. Problems such as lack of soil compaction, inadequate thickness and unstable slopes are indications of levee instability. The County Flood Control District estimates that an average of four feet of additional height, as well as certain structural improvements, would be needed to bring the inadequate levees up to the U.S. Corps of Engineers standards. PROTECTION SERVICES AND FACILITIES Fire Fire protection in the Planning Area is provided primarily by four fire districts: • Bethel Island, Brentwood, Byron and Oakley Fire Protection Districts. The Bethel Island District employs a full-time paid chief and assistant chief; all other staff of the fire companies are volunteers. The major problems of the fire districts relate to the large area to be protected and the unavailability of water. These factors require that much of the equipment be comprised of tankers to transport large water supplies and brush pickup equipment to fight isolated brush and range fires. All fire companies have building sites rated "good" and all but Brentwood have good expansion potential. Fire insurance ratings in the East County are among the highest in the county. The overall rating of the district's manpower, training, local water system and supply all need improvement when compared to the rest of the County. The need for future expansion of fire fighting services is generally related to the type, size and intensity of various land uses rather than population numbers. It is often less expensive to provide fire protection to agricultural, single family and commercial/recreation land; more expensive for public/semi-public lands; and most expensive for commercial/retail and industrial land. The Area General Plan land use configuration will probably cause the fire protection needs of East County to increase as land use will change in intensity from agricultural use to residential and commercial use. It can be assumed that volunteer firemen will continue to serve the area but additional equipment consisting of one pumper and two tankers will be needed by the Oakley Fire . 41 002SO District. Major new equipment will probably not be required-for- the-other districts. Eventually, the East County area will probably also have to employ a permanent_salaried fire protection staff. 42 002c'-' SAFETY ELEMENT Policies of the Countywide Safety Element of the General Plan also apply in the Planning Area. Major policies impacting the development pattern of this Area General Plan include the following: - Geologic hazards should be fully considered in the planning of industrial development located just east of Bridgehead Road and north of the Santa Fe Railroad; development of reclaimed lands in the Delta islands and below the 10 foot elevation; on landslide deposits found in small areas nearMarsh Creek Reservoir and east of Vasco Road; and on slopes over 26 percent east of Deer Valley Road, north of Marsh Creek Road, and east of Vasco Road. - Flood hazards should be fully evaluated and development containing human habitation avoided in areas where flood protection is required and can not be provided. This would be applicable to reclaimed lands not adequately protected by levees, and areas of creek overflow. Federal Flood Insurance requirements must be satisfied within Flood Hazard Areas designated by the Federal government or other areas known to be flood prone. Areas subject to flooding by standing water should be drained adequately or not developed other than for agricultural and other open space uses. - Hazards related to land uses such as petroleum and chemical industries, oil and gas wells, petroleum product and natural gas pipelines, and the transportation of hazardous materials by road, rail and water should be • considered. The Safety Element designates a location near the E. I. DuPont plant east of the Antioch Bridge as a "Safe Stopping Place" for hazardous materials. • 43 01)"S2 • SEISMIC SAFETY ELEMENT The major faults which bisect the East County Planning Area are the Antioch- Davis fault zone and the Midland Fault zone; the former is considered active and the latter potentially active. The Antioch-Davis fault system trends northerly through the hilly western portion of the Planning Area. The Midland fault zone, which trends approximately north-northwest, is believed to extend from the southeastern corner of Contra Costa County northward through the eastern portion of the Planning Area to as far as the Yolo-Solano County lines, near Winters. The policies of the Countywide Seismic Safety Element apply to the Planning Area. The design of development and site preparation should give consideration to the existence of these faults in the Planned Communities around Oakley and Byron, and the Recreation Community on Bethel Island. Seismic ground shaking and liquefaction potential should be considered on Modern Sediments and Younger Alluvium in the East County area. NOISE ELEMENT The Countywide Noise Element indicates that residential areas and schools are adversely impacted by transportation noise (in Oakley and Brentwood). The • element provides noise contours for both existing and 100 noise levels. Development within these contours should consider and be designed to provide appropriate attenuation of noise. Similarly, consideration of noise radiation from stationary sources should be a major determinant for major industrial and commercial development. 44 IMPLEMENTATION The purpose of this chapter is to establish a program for implementing Area General Plan proposals following the Plan's adoption. This Plan is developed for a period of ten years. During this period it may have to be.amended to reflect conditions not now anticipated. Further, to insure that the Plan is current and up-to-day, it is recommended that it be reviewed periodically. An annual review is recommended to monitor the progress of the Plan and the Planning Area. The implementation of the plan requires a number of actions. By subject matter these actions include: AGRICULTURE REQUIRED IMPLEMENTATION MEASURES Agricultural Core Area 1. Revise agricultural zoning in the agricultural core to require 10 acne:. minimum parcel size. Agricultural-Recreation Area • 1. Revise agricultural zoning in the Agricultural-Recreational Area to require 20 acre minimum parcel size. 2. Adopt an agricultural zoning ordinance appropriate to the 20 acre minimum. 3. Prepare and administer criteria for development of recreation uses along waterways in the Delta area. Agricultural-Residential Area 1. Revise agricultural zoning in the Agricultural-Residential Area to require 5 acre minimum parcel size. Measures Applicable to All Agricultural Land Use Categories 1. Initiate a study on the issue of agricultural parcel size and viability after the adoption of the East County Area General Plan. This study to include the development of criteria for and delineation of areas in which non- conforming lot size prevail. 2. Support state legislation to assess real property taxes on use (agricultural as a "highest and best use") and not potential urban value. 3. Review present zoning districts and rezone where applicable to make zoning . reflective of use. 45 • 4. Revise the designations of the agriculture zoning districts to reflect the minimum allowable parcel size. 5. Review Williamson Contract Program as to its effectiveness in achieving stated goals in the East County Planning Area, namely the avoidance.of real property tax burden on agricultural uses which forces their conversion to suburban uses. 6. Develop a flood plain zoning ordinance. 7. Limit installation of major roads which will be detrimental to agriculture. S. Encourage and support State and Federal water reclamation projects and physical development projects which would increase, enhance and protect agricultural lands. 9. Establish a development standards policy for required improvements in each agricultural land use category. PLANNED COMMUNITY REQUIRED IMPLEIMENTATION MEASURES 1. Require connection to urban utilities and facilities. i2. Review existing zoning within each Planned Community as to its conformity to Area General Plan land use categories. 3. Revise zoning to reflect use. 4. Develop incremental phasing program for physical growth. 5. Establish a development standards policy for each Planned Community. RECREATION COMMUNITY REQUIRED IMPLEMENTATION :MEASURES 1. Require connection to community sewer and water facilities before urban development is allowed. 2. Require detailed geologic and engineering reports as a prerequisite for considering the approval of public and private development. 3. Revise zoning to reflect use. 4. Develop incremental phasing program for physical growth. 5. Establish a development standards policy for the Recreation Community. • 46 0028-) • ADDITIONAL IMPLEtMENTATION MEASURES 1. Prepare a Specific Plan for Bethel Island to guide its future growth. RECREATION REQUIRED IMPLEMENTATION MEASURES 1. Adopt a local park acreage standards. 2. Provide a public agency mechanism to utilize existing procedures for distributing park dedication fees to appropriate East County areas. ADDITIONAL IMPLEMENTATION MEASURES 1. Study the potential for an East County Recreation District to provide for the recreation needs of the area. 2. Support and encourage state efforts toward creating a developed State Park at Frank's Tract State Recreation Area. 3. Study waterways for a waterways trail plan. CIRCULATION REQUIRED IMPLEMENTATION MEASURES • 1. Review road and right-of-way widths in East County for compatibility with General Plan development policies. 2. Obtain road widenings and appropriate road improvements as land is developed. 3. Initiate a program of correcting road deficiencies on existing roads. 4. Coordinate road development and improvement programs with local and State agencies. COMMUNITY FACILITIES REQUIRED IMPLEMENTATION MEASURES 1. Coordinate development and facility requirements with the applicable agencies. 2. Participate in applicable local and regional facility studies. 3. Initiate a study of the multiple use aspects of community facilities directed at maximizing the use of each site. . 4. Initiate a countywide community facilities study to insure compatibility of facility development throughout the County. 00 SS 47 !�7 • 5. Devise a phasing program for the provision of.facilities and services. 6. Work closely with the school districts to ensure that adequate funding will be available for the required expansion of services. ADDITIONAL IMPLEMENTATION MEASURES 1. Study the feasibility of consolidating service districts in the Planning Area including school and fire protection districts. 2. Coordinate the activities of service districts. 3. Study and develop a policy to require servicing capability as a condition of development. • P►peE'��1X P TABLE A-1 EAST COUNTY GENERAL PLAN POPULATION BY AGE GROUP, 1960, 1970, 1975 EAST COUNTY 1960 1970 1975 AGE GROUP Number Percent Number Percent Number Percent 0 to 9 2,520 21.6% 2,399 17.8% 2,287 15.0% 10 to 19 2, 149 18.5 2,868 20.6 3,198 21.0 20 to 44 3,652 31 .5 4,025 28.9 4,760 31 .3 45 to 64 2,366 20.4 3, 166 22.5 3,270 21 .5 65 and Over 931 8.0 1 ,481 10.7 1,713 11 .2 TOTAL 11,618 100.0% 13,889 100.0% 15,228 100.0% Source: U.S. Bureau of the Census 1975 Contra Costa County Special Census. CD TABLE A•-2 CAST COUNTY GENERAL PLAN COMPOSITION Or THE POPULATION BY RACE, 1960, 1970, 1975 EAST COUNTY Percent Percent Percent Race 1960 of Total 1970 of Total 1975 of Total White 8,484 73.0% 9,550 68.8% 11 ,944 78.4% Black 19 .2 17 .1 67 .5 Spanish Surname 2,827 24.3 3t751 27.0 2,653 17.4 Other 288 2.5 571 4.1 564 3.7 TOTAL 110618 100.096 13,899 100.09615,228 100.0% Source:: U.S. Bureau of the Census 1975 Contra Costa County Special Census. y G TAW: A-3 EAST COUNTY GENERAL PLAN SUMMARY OF HOUSING STATISTICS APRIL, 1970 CENSUS TRACT I tOUSING 3010 3020 3031 3032 3040 TOTAL COUNTY TOTAL INDICATORS Number Percent Number Percent Number Percent Number Pere:ent Number Percent Number Percent Number Percent Total17welling Units 1,177 100.0% 1,470 100.0% 1,102 100.0% 655 100.096 448 100.0% 4,852 100.096 178,384 100.0' Year Raaund 1,167 99.2 1 1,466 99.8 1,077 91.7 650 99.2 443 98.9 41803 93.9 178,312 99.9 Seasuaaat aS Migratory 10 0.8 4 0.2 25 2.3 5 0.8 5 1.1 49 2.1 72 0.1 Occupied 827 70.3 1,412 96.0 1,032 93.6 629 96.0 426 95.1 4,325 89.1 172,951 96.9 Owner Occupied 00 78.6 879 62.3 602 54.6 417 66.3 252 59.1 2,800 64.7 120,018 69.4 Renter Occupied 177 21.4 532 37.7 430 29.0 212 33.7 174 40.9 1,525 35.3 52,933 30.6 Vacant Ih,its 350 29.7 59 4.0 70 6.4 26 4.0 22 4.9 527 10.9 5,433 3.1 Median house Valares (,21,300 $17,300 $18,500 $19,200 $18,200 $18,900 $25,700 Mediaat C:uaattal t Itcaat $86 $66 $69 $66 $72 $70 $124 Source: Prcparcd lrum 1970 Census'Ilureau data by Contra Costr County Planning Department. fih� TABLE A-4 EAST COUNTY GENERAL PLAN HOUSING INVENTORY, 1970-1975 Multi-Family Multi-Family Units Census Single Family (2-4 in structure) (5+ in building) Mobile Homes Total Units Tract 4/1/70 4/10/75 4/1/70 4/10/75 4/l/70 4/10/75 4/1/70 4/10/75 4/1/70 4/10/75 3010 821 829 82 124 8 0 237 231 1,148 1 ,208 3020 1,241 1,395 118 95 34 44 135 258 1 ,528 1 ,793 3031 969 1,155 53 93 65 183 9 32 1,096 1,464 3032 500 664 70 72 9 8 75 161 654 905 3040 350 448 25 21 -- -- 62 81 437 550 Total 3,881 4,491 348 405 116 235 518 763 4,863 5,920 Percent of Total 79.81% 75.9% 7.16% 6.8% 2.39% 4.0%, 10.65% 12.8% 100.0% 100.0% Source: U.S. Bureau of the Census, 1975 Contra Costa County Special Census. TABLE A-5 EAST COUNTY GENERAL PLAN POVERTY LEVEL AND HOUSING INDICATORS APRIL, 1970 East County Total Families 3,831 Families Below Poverty Level 506 Percent of Total Families Below Poverty Level _ 13.2% Total Families in Housing Authority Units 210 Percent of Poverty Level Families in Housing Authority Units 41.5% Source: U.S. Bureau of the Census. s s 00293 • TABLE A-6 EAST COUNTY GENERAL PLAN CONTRA COSTA HOUSING AUTHORITY UNITS JANUARY 1, 1970 to JANUARY 1, 1974 - - TOTAL OCCUPIED UNITS Area 1/1/70 .1/1/74 CONVENTIONAL HOUSING Brentwood Area 44 44 Oakley 30 30 Oakley (elderly only) 40 40 TOTAL 114 114 LEASED HOUSING Oakley Area 96 137 TOTAL 96 137 TOTAL EAST COUNTY 210 251 • Source: Contra Costa County Housing Authority. 0029 TABLE A-T EAST COUNTY GENERAL PLAN EXISTING SCHOOL FACILITIES GRADES DISTRICT SCHOOL LOCATION SERVED Liberty Union Liberty High School Brentwood 9 to 12 Brentwood Union Brentwood Brentwood K to 5 Edna Hill Brentwood 5 to 8 Garin Brentwood 4 to S Byron Union Byron Byron K to 8 Knightsen Union Knightsen Knightsen K to 8 Oakley Union Oakley Oakley 4 to 8 Gehringer Oakley K to 3 Source: Contra Costa County Department of Education. V1 APPENDIX B t i oj,)290 TABLE B-1 • EAST COUNTY GENERAL PLAN EXISTING LAND USE (1974) LAND USE CATEGORY ACRES RESIDENTIAL 21223 Single Family and Related 1,999 Multiple Family and Related 36 Mobile Home 61 Mobile Home Park 114 Group Quarters 1"3 COMMERCIAL 490 Retail Business "and Related 235 Commercial/Recreation 255 INDUSTRIAL 591 Light Industry 137 Heavy Industry 104 Mineral Extraction 350 PUBLIC/SEMI-PUBLIC 716 Public/Semi-Public 213 Utilities 5d3- OPEN SPACE 111,703 Agricultural 99,201 Intensive 56,549 Extensive 42,652 Vacant 8,860 Water 3,312 Recreation 330 OTHER 1,829 Roads and Streets 1,618 Railroad 211 TOTAL ACREAGE 117,552 Source: Contra Costa County Planning Department. 00297 TABLE B-2 EAST COUNTY-GENERAL PLAN PRIME SOILS.INAGRICULTURE CORE SOIL TYPE CLASS Brentwood Clay Loam, Wet (Bc) I-1 Brentwood Clay Loam, 0-2 Percent Slope (Bb) - - - IIw-2 Capay Clay, 0-2 Percent Slope (CaA) IIs-S Capay Clay, Wet, 0-2 Percent Slope (CbA) IIw-5 Clear Lake Clay (Cc)- - - - IIs=S Rincon Clay Loam, 0-2 Percent Slope (RbA) IIs-3 Rincon Clay Loam, Wet, 0-2 Percent Slope (RcA) IIw-2 Sorrento Silty Clay Loam (Sm) I-1 Sorrento Silty Clay Loam, Sand Substratum IIs-0 Sycamore Silty .Clay Loam (So) I-1 Sycamore Silty Clay Loam, Clay Substratum (Sp) IIw-2 • Source: U.S. Soil Conservation Service. • F, i t App�Np1X C ������ TABLE C-1 EAST COUNTY GENERAL PLAN EXISTING SCHOOL FACILITIES, 1975 Capacity and Utilization Building and Site Fall, 1975 Year Built Number Site Reported District Enroll- Percent and Last of Size Reported Expansion Recreation and f=acility Grades Capacity ment Utilization Addition Classrooms(Acres) Condition Potential Facilities Brentwood !.Inion Brentwood K-4 600 595 99 1936/1967 21 7 Fair Poor Ballfieid, Courts, Playground Edna Bill 6-8 530 481 90 1948/1967 18 9.5 Good Good Ballfield, Courts, Playground Garin 1I-5 180 187 103 1970/ 6 9.5 Good Good Ballfield, Limited Playground Byron Union Byron 1-8 340 276 81 1948/1968 13 10 Good Fair Ballfield, Courts, Playground, Multi-Use Room Knightsen Union Knightsen 1-8 300 287 95 1936/1963 10 9 Good Fair Ballfield, Courts, Playground, Swimming Pool Oakley Union Gehringer K-3 480 388 80 1958/1972 16 15 Good Good Ballfield, Coiirts, Playground Oakley 4-8 700 553 76 1938/1965 26 15 Good Good Ballfield, Courts, Playground, Gymnasium Liberty Union Liberty 9-12 1,200 1,482 101 1945/1971 50 43 Good Good Gymnasium, Pool, Tennis Courts, Athletic Fields Source: School Districts; Complied by Contra Costa County Planning Department. •i TABLE C-2 EAST COUNTY GENERAL PLAN PROPOSED LAND USE LAND USE ACRES AGRICULTURE 100,608 Agriculture Core 14,583 Agriculture Recreation 31,387 Agriculture Residential 54,638 PLANNED COMMUNITY 8,881 Oakley/Sand Hill 5,225 Discovery Bay 1,783 Brentwood (Incorporated) and Sphere 1,657 Byron 143 Knightsen 73 RECREATION COMMUNITY 1,607 Bethel Island/Sand Mound Slough 1,607 INDUSTRY 551 RECREATION 719 PUBLIC/SEMI-PUBLIC 245 WATER AREAS _ 4,941 TOTAL 117,552 TABLE C-3 EAST COUNTY GENERAL PLAN PROPOSED LAND USE BY COMMUNITY LAND USE (IN ACRES) Single Family Multiple Family Light Public/ Urban/ Residential Residential Industry Commercial Semi-Public Rural Planned Community Oakley/Sand Hill 4,767 156 21 209 72 Knightsen 39 -- 23 2 9 Byron 105 11 l0 9 8 Discovery Bay 1,451 91 -- 134 107 Brentwood 993 -- -- -- -- 664 Recreation Community Bethel Island/Sand Mound Slough 1,431 49 -- 127 -- REVISIONS TO EAST COUNTY GENERAL PLAN PROPOSALS OF JUNE 17, 1976 On June 17, 1976 the East County General Plan Review Committee met to review the comments made at the community meetings of May 6 and May 27 at Oakley and Brentwood respectively, and at this meeting the following actions were taken: 1 . Instructed staff to correct a map error in showing residential use in a location to be designated for Industry at the Dupont Plant north of Highway 4. 2. Discussed and adopted a southerly extension of the residential designa- tion on the west side of Sand Mound Slough. 3. Discussed and adopted the extension southward of the commercial designa- tion on both sides of Highway 4, between Lone Tree Way and the City of Brentwood, to include Davis Camp. 4. Discussed but refused to adopt the extension of residential designations - -- i n the Byron area. 5. Discussed the Scenic Routes element, and determined to delete the same from the proposed Plan. 6. Discussed the proposed East County Review Committee, and adopted a change in guidelines to have. the school district Boards select the initial Review Committee members. 7. Heard another presentation of the City of Brentwood, in support of the City's request to increase the Planned Community in the vicinity of the City. After discussion, refused to take action to change the Draft Proposal . C.C.C.P.D. 1/25/77 00303 EAST COUNTY AREA'GENERAL PLAN A Draft Proposal APRIL 1976 0.03 04 Contra Costa County Planning Department DRAFT FOR REVIEW a EAST COUNTY AREA PLAN A PROPOSED AMENDMENT TO THE GENERAL PLAN FOR CONTRA COSTA COUNTY Prepared by the East County General Plan Review Committee with the Assistance of the Contra Costa County Planning Department . April 1976 • This draft of the proposed East County General Plan was prepared by the. East County General Plan Committee with the assistance of the Contra Costa County Planning Department. The citizen' s committee includes the following persons: Stanley Planchon, Committee Chairman Evo Baldocchi Tiny Bettencourt Milford L. Beutler John Bloomfield, Chairman , Residential Subcommittee William Bunn Ernest Burroughs Leonard Celoni Joseph Cunningham Robert Dal Porto Johann Dean Lucy Delaney Gerti Del Barber Charles C. Duffy M.D. Hasten England Leonard ,Gerry Carl Hanson • Jack Hernandez ' Arthur E. Honegger, Chairman, Community Facilities Subcommittee Lee Laird Jr. Paul Lamborn Robert Lasley Kenneth Lee Richard Lewis Ernest Luna Sheldon G. Moore, Chairman, Transportation Subcommittee Ronald Munn, Chairman, Agricultural Subcommittee Ray Ramirez William Snow, Chairman, Commerce and Industry Subcommittee Gene Stonebarger, Chairman, Recreation Subcommittee • • TABLE OF CONTENTS Page INTRODUCTION 1 BACKGROUND FOR PLANNING 3 Development Trends 3 Population Growth 3 Environmental Factors 5 GOALS AND POLICIES 7 THE GENERAL PLAN ELEMENTS 11 Land Use Element 11 Housing Element 30 Circulation Element 31 Scenic Routes Element 35 Open Space and Conservation Element 37 Community Facilities Element 38 • Safety Element 51 Seismic Safety Element 51 Noise Element 52 IMPLEMENTATION 53 APPENDIX A 59 APPENDIX B 63 APPENDIX C 65 . INTRODUCTION The purpose of this area Pian is to review and revise the existing General Plan of Contra Costa County, as it pertains to the easterly portion of the county generally defined as being east of Bridgehead Road, Deer Valley Road and Vasco Road, as shown on the Location Map. This portion of Contra Costa County has long been a rural agricultural area experiencing only limited demand for urban growth. however, in the past several years the demand for the subdivision of agricultural lands has been on the increase, thus producing a scattered growth pattern lacking appropriate services. The process of premature subdivision has caused many instances of breaking up prime agricultural lands into smaller parcels which cannot be farmed economically, both depriving the region and the state of food and fiber production and putting additional economic pressure on nearby agricultural holdings, while rendering the provision of services more costly and inefficient. Attempts to stem the trend toward the break-up of agricultural lands and to preserve prime land for agricultural production caused the establish- mens of a Reserve Area designation in the Open Space and Conservation Element of the General Plan. The Reserve Area status was established until the community and the county could jointly develop an appropriate t, Area Plan to guide future development in East County. The East County General Plan Committee, a citizen advisory group, was appointed by the Board of Supervisors to assist and advise the County Planning Department in developing an Area Plan for the East County Planning Area. This Area Plan is the result of over two years of work. It consists of both text and maps, which together constitute an amendment to the county General Plan and its component elements. The broad objectives of this General Plan are: - To establish a pattern of land uses which will promote a high degree of health, safety, and efficiency for the well being of the East County community. - To provide for the maintenance and viability of the agricultural community. - To relate new development directly to the provision of community facilities necessary to service that development. To update and bring together the various land use elements of the General Plan for the area. i 0�);3i►8 - To integrate selected special purpose elements into one General Plan document. The basic concepts underlying the Plan are simple; . in order to preserve the best agricultural areas for intensive agricultural uses, such as truck farming, orchards, and row crops, the prime agricultural soils are delineated and designated for continued agricultural use, while on less desirable and productive soils other land uses are also permitted. Recreational uses are permitted in the proximity of the recreational waterways, while residential uses at suburban densities are delineated in clusters where major circulation elements, and water and sewer services are either already available or can be logically extended. In addition, safety considerations relating to flooding and other natural hazards are taken into account in determining the location and intensities of future land uses. The resulting Area Plan accommodates not only the 1975 population of approximately 15,000, but also provides for the additional 10,000 persons expected to move into the Planning Area by 1990. The holding capacity (the population which could be accommodated pursuant to the Plan policies) exceeds 68,000. This excess of capacity beyond anticipated growth demands allows a very substantial margin for alternative development choices. It is expected that the Area Plan will be reviewed periodically; at the minimum, three years prior to the expiration of the plan and revised if necessary. c 2 ©r) 30 • BACKGROUND FOR PLANNING This Area Plan is based on data in a series of six background reports which were prepared to provide the East County General Plan Review Committee with information required for its work. Subjects covered in detail included population characteristics, community facilities, physical resources, transportation, economic characteristics, and land use and zoning. The reports are on file with the. Planning Department. DEVELOPMENT TRENDS The Planning Area covers a total of 184 square miles (25.5 percent of the total. County area) and contains a population of approximately 15,000 (in 1975) at a density of 75.6 persons per square mile. This low popula- tion density, combined with moderate population growth, characterizes the generally rural-suburban nature of the area. The population is largely concentrated in small communities (Brentwood, Byron, Bethel Island, Oakley, and Knightsen) primarily oriented to Highway 4. POPULATION GROWTH Contra Costa County as a whole experienced rapid growth during the period of 1940 to 1975, while East County experienced a slow but gradual growth during the same period. The County as a whole grew rapidly from ' a prewar population of 100,500 to a 1975 population of 582,829 persons, an increase of 480 percent. Over the same thirty-five ,year period, East County population increased from 5,606 to 15,228, a 172 percent increase. The Planning Area consistently exhibits a higher population of elderly residents than the County as a whole. It also contains a minority population of approximately 17.9 percent, largely of Mexican, Mexican- American and Chicano ethnic, which is higher than the percentage of the County as a whole. Population estimates for the next ten years, utilizing various growth rate assumptions well in excess of past experience, indicate that between 18,000 and 25,000 persons would reasonably be expected to reside in the East County Planning Area by 1990. These estimates are on the high side, reflecting the increased growth rate of the early 1970's. Brentwood, the largest and only incorporated community in the Planning Area, was established in 1874 and incorporated in 1948. Historically, community growth in the Planning Area has been gradual, -with no signifi- cant peaks at any one time. This gradual growth of the Planning area as a whole is reflected in Brentwood; however the city is experiencing an increased growth rate and contained 3,700 persons in 1975, an increase of 38.2 percent since 1970, brought about through both annexations and development. f J-0 3 t .� ay -f J �r o f jl ; I t 1 • Oaklev,l Bryon, and Knightsen developed as railroad-oriented communities in the late 18001s. In 1975 Oakley had a population of approximately 3,000 and Bryon of approximately 450. Both communities have experienced fluctuations in population over time and appear to be experiencing an upswing at the present time. No population figures are available for Knightsen because of its small size. Bethel Island, basically a recreation and retirement community, had a 1975 population of 1,400 persons. EtiVIRONMENTAL FACTORS CLIKATE The climate of the East County Planning Area is a modified Mediterranean type. The winters are mild but rainy and the summers are moderate to hot and subject to drought. The region's topography causes a considerable variation in rainfall and temperature in different portions of the area, with rainfall ranging from 17 inches in the southwest hills.to less than 12 inches in the eastern Delta. Approximately 90 percent of the precipi- tation falls in the months of October through April. The climate is conducive to productive agricultural operations. GEOLOGY AND SOILS • • The geologic "formations" exposed in the East County Planning Area differ in age, origin, rock characteristics, and engineering properties. The southwest portion of the Planning Area is rugged and hilly, falling off into the valley floor to the east. Dominating the western fringe of Planning Area are the hills of the Diablo Range. The gentle to moderate slopes (5 to 15 percent) of the foothills have characteristics similar to valley soils and the steeper upland slopes. Generally speaking, grazing is the predominant use of this transitional zone with a few orchards existing on the shallower slopes. Along the eastern perimeter of the Planning Area are found the Delta Islands. The Planning Area contains approximately 14,500 acres of prime agricul- tural soils (Class I and II--SCS Soil Survey) . They are intensively farmed, mainly supporting orchards, annual row crops, alfalfa, and other pasture crops. These soil types encompass most of the area around Brentwood extending basically in southerly, easterly, and northerly directions. • Boundaries as defined by the Contra Costa County 1975 Census. 0 03-12 5 Most soils in the Planning Area are suited to some form of agricultural pursuit. The exceptions are the marsh areas, rock outcrops, the dense oak woodlands found on 'some north-facing slopes, quarry sites, and those areas which are now developed into urban uses. FLOOD PLAIN Approximately 43,000 acres of the Planning Area, the entire north and east fringe of the Planning Area, fall within the 100 year flood plain. Thousands of acres of the Delta lowlands and islands are protected from floods and high tides by a network of man-made levees, some of which are over 100 years old. Many of the levees are in poor condition and need to 'be rehabilitated. Land subsidence, which results in ever-increasing pressures on the levees, further compounds the problem. Consequently, the Delta experienced major levee failures with resulting flooding. Since 1950, Webb Tract and Quimby Island have flooded; Webb Tract and Quimby Island have since been reclaimed. Based on past flooding experience and the vulnerability of the levees to ground-shaking effects of major earthquakes, all lands in East County should be considered subject to flood hazard reflective of the 100-year flood hazard line to be established on Federal Flood Insurance maps. VEGETATION The dominant species are the introduced annual grasses and flowering plants which have their maximum growth during the winter rainy season. • Open woodland-grass combinations are found along the north and northwest- facing slopes with blue oak, interior live oak, and California buckeye the principal tree cover. In more sheltered areas, such as canyons where more moisture is available, and areas of greater rainfall the woodland growth is more dense. The foothills and steep uplands constitute some of the best coastal grazing land in the State. Grass hay is cut near the Alameda County border. In the Planning Area, marshland is confined to the small "channel islands" scattered along the sloughs and Old River. Because of silting, portions of Big Break are returning to their original marshy condition. Vegetation here consists principally of sedges, common tule, bull tule, willow, cottonwood, and many flowering plants. Streamside plant associa- tions are located in stream channels, canyon bottoms, and along many levees. They include the same species as the hillside woodlands plus willow, alders, cottonwood, and other trees and shrubs requiring an abundance of water. The riparian vegetation helps to reduce bank and levee erosion, maintains wildlife populations, and contributes to scenic and recreation values. 6 • GOALS AND POLICIES The Area Plan is intended to meet the planning goals outlined below. The goals describe the kind of environment considered desirable. The policies enunciated are designed to provide means of achieving the goals. Goals and policies were formed for each of the following: agriculture, planned communities, recreation community, recreation, industry, circu- lation and community facilities. AGRICULTURE GOAL To encourage the preservation and enhancement of agriculture. POLICIES - Preserve designated prime agricultural lands for agricultural use. - Encourage and maintain the integrity of viable agricultural lands. - Provide for the subdivision of agricultural land to an extent • compatible with surrounding agricultural uses and zoning. Make agricultural zoning reflective of agricultural use. Provide a circulation system appropriate to rural development to support land uses and economic activity. - Encourage water reclamation and other physical development projects which would increase, enhance, and protect agricultural land and its production capabilities. - Encourage research into means of maintaining and improving the economic viability of agriculture in East County. - Real estate taxes levied on agricultural lands should be assessed on the basis of agricultural use, not potential urban development values. PLANNED COMMUNITIES GOAL To develop a "sense" of community through the development of safe, healthful and attractive living environments and a range of housing . styles, types, and cost ranges to suit varying needs and desires; to 7 ensure that land uses are mutually compatible, functional, and aesthe- • tically pleasing; and to provide balanced levels of commercial and office development, community facilities and coordinated circulation, which will maintain and complement the rural nature of the area. POLICIES - Give highest priority to the preservation of prime agricultural soils; urban development should be directed to areas of nonprime soils. - Encourage contiguous growth in an orderly and efficient manner. - Require existing and future urban development to be serviced by urban utilities and facilities, such as sewer and water services, when available. - Develop balanced communities through the integration of all urban uses with equitable land use allocations and the provision for appropriate community facilities. Develop land use and circulation plans appropriate to each community, with higher residential densities permitted in Oakley, Byron, and Knightsen townsites when water and sewer services are developed. Create an East County project review committee (advisory) with the capacity to review and recommend project changes. RECREATION CONSfUNITY GOAL To provide and maintain a water-oriented recreation community supported by necessary residential and commercial development.. POLICIES - Define land use allocations appropriate to water-related recreation, to ensure balanced and contiguous growth compatible with the Delta's unique ecology. - Require existing and future urban development connect to service facilities (water and sewer) when available. RECREATION GOAL To allow recreational development only in a manner which complements the natural features of the area, including the topography, waterways, • vegetation and soil characteristics; to protect and enhance attributes of the Delta; and to preserve and maintain historic sites. POLICIES Distribute and manage recreation activity according to the area's carrying capacity with special emphasis on controlling adverse environmental impact, conflict between uses, and trespass. At the same time recognize the regional importance of the area's recreation resources. - Promote levee improvement programs. - Obtain a well balanced distribution of local parks, related to the character and intensity of present and planned residential development. INDUSTRY GOAL To provide and maintain employment centers appropriate to the rural nature of the area and to aid in developing the economic base of the Planning Area through new employment opportunities. POLICIES • - Concentrate industrial development to areas immediately adjacent to major transportation corridors. - Encourage the development of agriculturally related industry which will enhance the continued productivity of agriculture. - Encourage industries which have the capability of employing East County residents. Define auto dismantling activity-as an industrial use and confine its future development to designated industrial areas. CIRCULATION = GOAL -To achieve a safe, efficient, and coordinated transportation system capable of serving and supporting the citizens and the economic base of the area, and to minimize conflict between agricultural and urban land uses. • 9 ����.3 POLICIES • - Provide a circulation system appropriate to rural development to support various land uses and economic activity. Provide for controlled access onto Highway 4 within areas designated for residential development growth in the Planned Communities. - Encourage the use of buffer zones between residential areas and major transportation corridors and industrial facilities. Route new arterials around rather than through residential areas. Plan a system of bicycle paths and hiking trails to connect community facilities, residential areas, and the business district, as well as points of interest outside the community utilizing existing public and semi-public right-of-way. Reduce the dependence on the automobile by encouraging the patronage of public transportation. - Maintain the present road system in designated. agricultural regions, with improvements confined to upgrading of structural deficiencies such as road widths, alignment, and drainage. — Develop roads in hill areas to conform with topography in order to • minimize disturbance of slope and natural features of the land. COMMUNITY FACILITIES GOAL To obtain maximum benefit from existing public structures; to provide adequate public services, cultural and recreational facilities for residents of all ages. POLICIES - Provide civic, cultural and recreational facilities adequate to handle present and future demand. - Maintain and upgrade existing public utility, fire, police and all other public services as needed to adequately protect and serve existing and new development. - Utilize existing and future public facilities, such as schools, libraries and community halls, as neighborhood activity centers. - Preserve and restore wherever possible, areas and structures of • historic significance. 10 00.1 THE GENERAL PLAN ELE'NtENTS State law requires local government to prepare and adopt a General Plan, including as a minimum elements of land use, housing, circulation, scenic routes, open space as a minimum conservation, safety, seismic safety, and noise. This Area Plan includes the required elements of land use, circulation, scenic routes, and open space as well as the optional elements of recreation, trails and community facilities. Conservation, safety, seismic safety, and noise are addressed in Countywide elements and are referenced to the Countywide Elements. This Area Plan is designed to detail the General Plan elements named above, as they relate to the East County Planning Area. Elements which are not amended by this Area Plan continue to be in effect as the govern- ing county policy throughout the county, including the East County area. The Area Plan consists of both maps and text. The text outlines the plan policies, and the Plan daps delineate the distribution and location of land uses, roads, facilities and other features. The Area Plan elements provide for the continuance and enhancement of agricultural activities, orderly growth of communities, the future growth of industry, all served by appropriately located roads and com- munity facilities. Provision of future road improvements, flood control ' works and other major public projects should be coordinated with and • partly paid by private development, so that the required public capital expenditures will not cause major increases in property taxes. The Plan designates large acreages of land for continued agricultural and rural activity in the Planning Area. In addition, it provides for a substantial area designated for suburban development. The developable area is substantially larger than that required for a potential popula- tion of 25,000. It is expected that the provision of an excess area for development will have two positive results: (1) pressures to develop lands designated for agriculture will be reduced, and (2) the development area is sufficiently large to allow for alternative locational choices. The Plan provides for balanced growth through designation of appropriate areas for a variety of uses, including land for residential, commercial, and industrial uses. The development of the commercial and industrial areas will strengthen the Planning Area economy and provide for further employment opportunities for residents of the Planning Area. LAND USE ELEMENT The Land Use Element of the Area Plan uses the following land use cate- gories, discussed in greater detail below, and describes their disposition: • _ 11 T���•.3.�(� Agriculture Agricultural Core Agriculture-Recreation Agriculture-Residential Planned Community and Recreation Community Residential Single Family Multiple Family Commercial/Retail Business Light Industry Public/Semi-Public Recreation Community Recreation Major Parks/Recreation Areas District Parks Historic Sites Trails Industry The location of land uses is shown on an overall map of the Planning Area, and the individual uses within the "Planned Community and Recrea- tion Community" category are shown on larger scale maps which detail the specific land uses within the "Planned Communities" of .Brentwood, Oakley, Byron and tnightsen. AGRICULTURE i The economy of eastern Contra Costa is based primarily on agriculture . and related industries. The Planning Area contains approximately 40 percent of the County's agricultural land and it produced an average income of more than'$27,000,000 from 1970 to 1974, an average of 72.8 percent of the County's agricultural total for thesameperiod. Acreage in agriculture in Contra Costa County diminished from 299,954 in 1960 to 244,705 in 1970, a decrease of 18 percent. l The reasons for this reduction include among others urbanization, land permanently taken out of agriculture production, and land converted to recreational use. The primary objective of this .Area Plan is- the preservation of productive agricultural lands in the Planning Area on prime soils, so that viable agricultural activity may continue. In order to achieve this goal, a number of land use policies must be adopted, existing zoning and other ordinances refined, and new and effective programs developed and implemented. A number of factors inhibit the future viability of agricultural opera- tions in eastern Contra Costa County. A major problem pertains to small parcel size. Wfhere parcels are small it is more expensive to farm the • Contra Costa Countv Agriculture Department. 12 land because of costs involved in moving equipment from parcel to parcel and the limitations on the manner in which insecticides and fertilizers may be applied. Land suitable for agriculture may also be suited for urban development, primarily because it is flat and easy to build upon. Through the minor subdivision process, large acreages can ultimately be divided in to five acre lots with exceptions granted from development plans and improvements normally required for major subdivisions. This process fragments exist- ing agricultural land and places an additional burden on the farmers in the area who wish to continue farming. Division into smaller parcels often also results in higher assessments and higher real estate 'taxes and may render agricultural operations economically infeasible. Market valuation of farm land and the resultant tax burden levied on them is another impact on agriculture viability. State revenue and taxation laws require all lands be assessed at 25 percent of the fair market value that results from the "highest and best use" of the land. A problem arises when viable farm land is assessed at a speculative value for urban use rather than one reflective of farm values. When agricultural and residential uses adjoin, a number of directly associated problems often develop. In general, residential areas hamper the farmer trying to operate his farm in an efficient manner, and the farm use may annoy nearby residents. Very low residential densities • would minimize these conflicts. The policies of this Plan will exclude suburban development from agri- cultural areas, and will permit only basic agricultural and rural and recreation uses in these areas. Services and facilities, in turn will be based upon rural and agricultural needs. On the other hand, the Plan acknowledges the existence of certain nonconforming prior parcels and ownerships in all land use areas. Agricultural Core Approximately 14,500 acres (12 percent of the Planning Area) are desig- nated as the Agricultural Core. These are prime agricultural lands with soils rating as Class I or Class II in the land use capability classifi- cation of the U.S. Department of Agriculture Soil Conservation Service. Most lands shown in this category are now used for agricultural purposes and are expected to continue in this use. Agricultural pursuits in the agricultural core should be protected by re- quir�g_ a 10 acre minimum parcel size to maintain economically feasible commercial- - u 'aaa,--`T u s. T i- cr ation of small uneconomical_units-- wi e discouraged by land use controls so that it will oe unnecessary for property owners to market the land in small parcels. • 13 9/V)•12ll Agriculture-Recreation A 20 acre minimum parcel size is applied in this category. It encom- passes the Delta islands and Delta lowlands which may be subject to occasional flooding. Both have potential recreational value, but will remain primarily in agricultural use during the plan period. However, if future economic conditions or urban pressures cause, a change in the use of these lands, future recreational uses should not conflict with the predominant agricultural uses. Recreational development should be_ limited to areas where compatible with agricultural uses, and full protection from a 100-year flood and urban levels of services may not be provided in the foreseeable future in these areas. Approximately 31,387 Acres (27 percent of the Planning Area) are designated for this use. Agricultural-Residential Lands designated Agricultural-Residential are located essentially west and north of the Agricultural Core, encompassing the steeper slopes and foothills of the Planning Area, totaling approximately 54,125. acres (46 percent of the Planning Area). This area, due to its lower agricultural value; may be allowed to develop at a very low density, permitting parcels as small as 5 acres subject to applicable health and safety standards. Most of agricultural-residential area should not be required for develop- inent during the planning period; therefore existing extensive agriculture should be encouraged to continue. 14 • PLANNED COMMUNITIES AND RECREATION CO.1MUNITY Achievement of the goal of preserving productive agricultural lands can only be realized if residential, commercial, and light industrial growth is directed into nonagricultural areas. -Five existing communities in the Planning Area have been delineated as urban growth centerson the General Plan map, and identified as "Planned Communities". Criteria used for selection of Planned Communities are: lands now served by water and sewer facilities; lands to which such services can be logically and economically extended in the near future; and/or soils of nonprime classification. The community of Oakley and the City of Brentwood will form the nuclei for the largest Planned Community. The small communities of i{nightsen in the north central portion of the Planning Area and Byron in the southern portion will form small nodes for urban-residential development. The fifth Planned Community is Discovery Bay in the eastern section of the Planning Area, near the San Joaquin County line. The Planned Community/Recreation Community concept seeks to enhance the rural nature of the Planning Area and at the same time develop a "sense" of community and cohesion within each growth center. The Area Plan will facilitate implementation of this concept: - Each community will retain its downtown district as the business and commercial center, with efforts directed toward its rehabilita- tion and enhancement. Adequate areas will be reserved for commercial expansion as the need.arises. Future urban development within these urban growth areas will be required to connect to urban utilities and facilities such as sewer and water services. This action will promote the objective of efficient, orderly and coordinated growth as characterized by the Planned Community concept. The Area Plan prescribes the locational pattern of each planned community and establishes specific objectives concerning urban development. - The Area Plan provides for a development policy which ties urban growth to the availability of urban services. The Area Plan acknowledges the General Plan of the City of Brentwood and the previous approved development pattern of Discovery Bay. Residential In East County, current residential land use accounts for 2,200 acres or 1 .9 percent of the total 117,500 acres in the Planning Area. Much of this use is concentrated in Bethel Island (150 acres) , Oakley (300 acres), Sand Hill (250 acres) , Brentwood (150 acres), Byron (100 acres) and Discovery Bay (620 acres). The remaining acreage is dispersed throughout the remainder of the Planning Area. I S0 0,i�n Single family residences constitute 89 percent (2,000 acres) of the total residential land use. The next most prevalent residential use is the mobile home park at 115 acres or about S percent of the total. Individual mobile homes occupy another 60 acres (about 3.percent), while multiple family dwellings and group quarters occupy 35 .acres (2 percent) and 15 acres (less than i percent), respectively. The Plan utilizes two residential land use categories:. Single Family Residential and Multiple Family Residential. Single Family Residential This land use provides for the expansion of single family homes in.the Planning Area. The density and development of single family homes is related to service-availability criteria (water and sanitary sewer) as defined below; Minimum Allowable Service Availability Parcel Size No public sewer or water connection available 5 acres One public service (sewer or water) connec- tion available. . 1 acre 1 Both public Water and sewer connections available Minimum parcel size consistent with drainage, health, and other applicable standards. The application of these development criteria is directed at providing a .contiguous growth pattern, allowing residential development to take place in an orderly manner. The criteria apply to all residential areas indicated on the Plan Map. Multiple Family Residential The plan provides for areas of multiple family units in Oakley, Bryon, and Discovery Bay. Multiple family areas are located near shopping and major traffic routes and provide for a variety of housing types and residence choices. Multiple family housing density ranges should be determined relative to surrounding uses, and will generally range from 8 to 20 units per net acre. In addition to providing for multiple family residential units, this land use category also accommodates mobile home parks. 16 Commercial/Retail Business Currently business activity in the Planning Area is generally concentrated in Oakley, Brentwood, and the Highway 4 corridor between the two com- munities. The remainder of the business activity is concentrated mostly in Bethel Island, Knightsen, and Bryon. The plan provides for the expansion of business activity contiguous to present commercial development, and is intended to maintain the viability of the current "downtown" of each of the communities.. Since each of the commercial areas "is relatively small, commercial and office uses are not delineated separately. The Plan recognizes the need for local convenience shopping centers within the Planning Area, and the need for a limited number of these activities in residential areas should be recognized. Light Industry Light industrial uses provide for local employmentopportunities and the expansion of the economic base of the community. The Plan provides areas designated for light industry in -the communities of Oakley, Knightsen, and Byron. These areas are located to take advan- tage of railroad sidings and major transportation routes to facilitate ishipping and receiving of goods. Initially, industries will be of a type which will enhance and support the agricultural community. Later expansion should include more broadly based light industrial complexes providing greater opportunity for a variety of jobs within the Planning Area. The General Plan of the City of Brentwood also provides for light indus- trial use along the Southern Pacific right-of-way through town, and is thus reflected in this Area Plan. Public/Semi-Public The public/semi-public category reflects the major publicly and semi- publicly owned lands and facilities such as schools, County offices, utilities, etc. The Plan acknowledges the general compatibility of these uses with other land use categories. The projected need for these facilities is discussed in the Community Facilities Element of this Plan. The brief descriptions below summarize the major land use proposals for each Planned Community. 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Ig }, 4 iBrentwood-Oakley This Planned Community is the largest in the Planning Area and extends from the Neroly-Bridgehead Roads area southeasterly through the Oakley and Sandhill areas to link with the City or Brentwood. It is envisioned that this area will fill-in vacant lands already served by roads and utilities, and will take place at development densities in keeping with the character of the area. Commercial land use is indicated along Highway 4 between Neroly Road and Live Oak Road; along Highway 4 through the present business district of Oakley; at the intersection of Highway 4 and Cypress Road; and along Highway 4, extending both north and south of Lone Tree Way. Multiple Family Residential uses are located along the south side of Highway 4 easterly from Teakwood Drive in the Oakley area. The Light Industrial land use is shown along the ATSF Railroad tracks from just north of Main Street to the Contra Costa Canal in Oakley. Public/Semi-Public land uses include the Oakley and Gehringer schools; the Oakley Sewage Treat- ment Plant; and the Brentwood city sewage treatment plant located along Marsh Creek Channel east of Highway 4. The remainder of the Planned Community is indicated for Single Family Residential use. The adopted General Plan of the City of Brentwood is shown for both the areas within the city limits and the established Sphere of Influence of the city. The holding capacity of this Planned Community .is .estimated at approxi- mately 30,000 persons, if appropriate public facilities can be provided, • though the population is estimated at 14,600 in 1990. Knightsen The community of Knightsen is generally located at the intersection of Knightsen Avenue and Delta Road, northeasterly of the City of Brentwood. The land use element of the Plan generally reflects existing development in the community. The westerly portion of the community is designated for single family residential land use and provides substantial areas where new residential development could occur. The retail business land uses are concentrated on the southerly side of Knightsen Avenue, between First Street and Delta Road, sufficient in size to serve not only Knightsen but the surrounding agricultural area. Light Industry is outlined for the area fronting on the northerly side of Knightsen Avenue along the ATSF Railroad tracks. The Knightsen Elementary School, located in the easterly portion of the community, comprises the Public/Semi-Public land use category. Holding capacity is estimated at 190, and the 1990 popula- tion at approximately 160. Byron Bryon is centered along the Southern Pacific Railroad right-of-way in the southerly portion of the Planning Area. Multiple Family Residential, Retail Business, Commercial and Light Industry uses are clustered in the central part of the community, and also extend northerly along the Byron _ 19 OAKLEY - SANDHILL COMMUNITY PLAN LEGEND SINGLE FAMILY RESIDE!-6'%L MULTIPLE FAMILY RESIDENTIAL COMMERCIAL raj '_� ��- •� \ LIGHT INDUSTRY PUBLIC AND SEMI-PUBLIC fiaaaarrn o ! S� ...! i BRENTWOOD GENERAL PLAN J LEGEND AN DENSITY (Commercial, •:•.•.. Industria 8 DENSITY Resid#W l). RURAL 20 (Large Lot Residential) KNIGHTSEN COMMUNITY PLAN. , sfi z .lu :.:::::...:.: 17-Z 77 rirrrrrrr rrrrrrrr - _ �ti, �rrrrrrr rrrrrrr LEGEND F4�, rr,rrr rrrrrr _ _ rrrrr _ _ rrrrr SINGLE FAMILY RESIDENTIAL. RETAIL BUSINESS _ 011llil(li LIGHT INDUSTRY rrrrrr ,PUBLICSEMI-PUBLIC rrrrrr - 0 • mac----�`.'c 'baa• 21 R a designated • Highway. The Single Family Residential uses ar u gnated around the more intensive land uses discussed above. The Byron Elementary School and the Byron Fire Station, located in the north and south parts of the community, respectively, comprise the Public/Semi-Public land use category. The land use proposals in the Byron area provide for a holding capacity of up to 1,100 persons with a 1990 population of approximately 600 persons. Discovery Bay Discovery Bay is a water oriented residential community "located in the easterly portion of the Planning Area near the San Joaquin County line. At full development, Discovery Bay could grow from its present population of 90 to approximately 12,000 persons. Development will be comprised primarily of single family homes, with some multiple family residential development around man-made lagoons and water channels. The community will also contain limited commercial development in its center and commercial and office development at its southerly edge along Highway 4. Recreational facilities will include a golf course, neighborhood parks, and commercial marina. RECREATION COMMUNITY The area indicated as Recreation Community is planned to accommodate uses which are primarily oriented to a recreational opportunity, includ- ing certain related residential, commercial, and business uses. The Area Plan designates the community of Bethel Island- and an area along Sandmound and Dutch Sloughs for this type of recreation oriented use. Bethel Island Three land use designations are applied in the Bethel Island Area. The existing commercial uses located along Bethel Island Road at theentrance to the island are designated in the Commercial land use category. The perimeter and a large portion of the south and so.:theasterly part of_the ' island, as well as lands along the southerly bank of Dutch Slough and along Sandmound Boulevard are shown as Single Family Residential uses. 'Ihe central portion of the island is designated for Agricultural- Residential. Holding capacity is estimated at 61400, and 1990 population at 2,900. `~• 22 3 rrrrr � ♦rr/r rrrrr, 1 /rrrr frfrr _ BYRON COMMUNITY PLAN Z rrrrr. 4 /rtlr,. 4i /rlrr fr'/r/f AYER QOgO 4. ..... ... ............. LEGEND rfr/ ....... SINGLE FAMILY RESIDENTIAL MULTIPLE FAMILY RESIDENTIAL RETAIL BUSINESS o '• bwoof COMMERCIAL LIGHT INDUSTRY �r/� PUBLIC, SEMI-PUBLIC N _ SCALE IN FEET - 0 d00 1000 2000 0. 4� # r ,. Qom" �y GtroilWay "'•t�400-.010 .,,.Eth,r•:.n.' _�� ewe# �r��es.rage�r�rs,e���sea.arr�e����ereeee�e>• ea•i� LAND USE COMMUNITY FACILITIES AMENDMENT TO THE COUNTY RESIDEM1AL Neighborhood Parir GENERAL. PLAN Single Family High Density School Discovery Bey Multiple Fosaily Lahr Density Cannwnity Center SE�Z'ACi:3 EMPLOYMENT, OTHER Fire Station t Y.ereiny Cerriiy*rnor-itis Awvoarnent to rhe Contra Costa County General Pian.was Neighborhood Business CIRCULATION Aooraved by the Planning Commission on May $, 1473 Commercial Recreation MbF�11111 Highway William L. Milano, Chairman ��-- Highway Commerciol Arteria! I h-fWi:y Ceniy"W rhis,amendment to the Business d Ptofesxional � Collector Contra Costa County Genera!Plan was Aaomved by the goorC of Supervisors an t r� Falic d Semi-Psbnc Riding Tculi ✓-' t !� Other Open Space &cycle Trott W.T.Poosch, County Cleric PREPARED BY THE CONTRA COSTA COUNTY PLANNING DEPARTMENT-JUNE, 1973 N BETHEL ISLAND COMMUNITY PLAN AGRICULTURE RESIDENTIAL l r m f! a -' ,LEGEND ( SINGLE FAMILY RESIDENTIAL' ,..?. COMMERCIAL 1 F i' 00332 aS RECREATION A major objective of the Area Plan is the preservation of natural recrea- tional resources in the Planning Area. These resources are indicated on the Plan Map as recreational land, and once utilized for other uses can not be replaced. Most of this land has important environmental, ecologi- cal, historic, and other chacteristics from which it derives its recrea- tional potential. It is the intent of this plan that these recreational areas be utilized by public or private recreationally-oriented develop- ments or be preserved for future recreational use. Major Parks/Recreation Areas State Facilities A variety of state agencies exert influence over the Delta area and, therefore also on a portion of the East County Planning Area. Those agencies primarily concerned with recreation are the Department of Fish and Game and the Department of Parks and Recreation Frank's Tract State Park Recreation Area. This area is basically a 3,310 acre lake surrounded by perimeter levee remnants, which form a long line of slender islands. The park is maintained primarily for water-oriented recreation activities. Park-type accommodations and public boat launching facilities do not exist within the Recreation Area itself. Water access to the Tract is provided through private marinas and launching facilities on Bethel Island and on adjacent sloughs. The • nearest public boat launching ramp is located in Antioch. The Plan reflects a state program of park land development in the Frank's Tract Recreation Area. The state has assigned high priority to the acquisition and development of an intensive park facility which would include camping, picnicking, and boat-launching areas to relieve demands on Brannan Island State Park and to satisfy current demands at Frank's Tract. A site on the north shore of Bethel Island is deemed most appro- priate for such a facility, since highway access is available and Bethel Island is already partly developed for recreation uses.. Clifton Court Forebay. The Forebay, a water supply. reservoir for the State Water Project Delta Pumping Plant, consists of 2,200 acres of water surface and eight miles of shoreline. The Forebay is now used for bank fishing and waterfowl hunting, and present recreation facilities include auto parking, a boat launching ramp, and portable sanitation facilities. The Plan supports further development of a wider variety of recreation facilities, including approximately 100 acres of state lands available for onshore facilities for beaches, camp sites, picnic areas, concession areas, and permanent sanitation facilities. • 26 • Wildlife and Scenic Areas. The state's Delta Master Recreation Plan identifies areas of scenic beauty and unique wildlife resource which should be preserved and managed in the public interest. Two areas in the Planning Area are the Old River Islands between Rock Slough and Quimby Island, and Big Break. The East Bay Regional Park District in cooperation with the U.S. Corps of Engineers is considering the possibil- ity of developing the Big Break area as a regional park. Big Break has been identified as suitable for development of a "Wildlife Management Area". Local Parks The Area Plan recommends that local neighborhood and community parks within the planned and recreational communities be provided as they develop. The County Park and Recreation Element of the General Plan provides a standard of four park acres per 1,000 population. Wherever possible school sites should be used to augment the park and recreation needs of the community. Existing local park lands in the Planning Area include the Brentwood Park (4 acres) and a tot lot facility (7,000 square feet) , in the City of Brentwood; and a 3 acre park located on part of the Oakley School grounds in Oakley. An analysis of existing park facilities, applying County acreage standards, • indicates a deficiency of 93 acres in the Planning Area based on a projected 1990 population of 25,000 persons. A formal mechanism to provide local park facilities to -communities on an area wide basis does not now exist, since no County parks and recreation departments exists and the Planning Area does not lie within the East Bay Regional Park District. Portions of the Planning Area are serviced by other means: The Brentwood Parks and Recreation District provides local park facilities and services in the Brentwood area. County Service Area LIB-11, originally established to provide library services, will maintain the joint school-park facility at the Oakley School in conjunction with the Oakley Elementary School District. The Bethel Island Municipal Improvement District, originally estab- lished to provide levee maintenance and drainage facilities, may assume park and recreation service responsibilities. District Parks The Area Plan designates the John Marsh Home, the surrounding area, and Marsh Creek Reservoir, as a potential District Park facility. The 27 County presently owns the home site which covers over 7 acres. The historic home and reservoir could provide a setting for a subregional district park facility, serving not only people from the Planning Area, but also from the Central County. The plan recognises the potential for private recreational development at Byron Hot Springs and designates this area for recreational use. Historic Sites In addition to the John Marsh Home other sites in East County are also worthy of consideration for preservation. If and when funds become available, these sites should be considered for protection and restoration. Babbe's Landing, Sellers Road Preston House., near Byron Geddes House, near Brentwood Iron House School, Cypress avenue and Sellers Road McCabe House, Brentwood Road Byron Hot Springs Hotel, near Byron Vasco Cave=_, near Bryon Byers House, Byron Murphy and Wallace Homes, Brentwood Darby House Site, near Brentwood Hoffman House, Byron Coats Hall, Brentwood Parrish House of Methodist Church, Byron Point of-Timber Landing, Indian Slough Point of Timber Trading Center, Point of Timber Road. and High way 4 Byron Grange Hall, Byron- Byron IOOF Hall, Byron Liberty Grammar School, near Brentwood Riding and Hiking Trails and Bicycle Paths Currently no trails or paths exist in the Planning Area. Future trails and paths should be integrated with the Countywide Recreation Element to provide for a system of recreation trails and paths within the County. Trail routes are shown in the County Interim Hiking and Riding Trail and Bicycle Path plans, except that in essentially level East County Areas hiking trails and riding trails should be located jointly. Trails will generally connect Oakley with Bethel Island, Brentwood, and the Marsh Creek Reservoir. Highway 4 will serve as connection to San Joaquin County. Of 28 • INDUSTRY Land currently in industrial use is limited to less than 600 acres, approximately 0.5 percent of the total land area in East County. "Heavy" Industry includes a wide range of industrial and manufacturing uses, some of which could provide substantial amounts. of.traffic, noise, and fumes. The only existing use of this type is the E. I. DuPont plant near Bridgehead Road; the majority of the existing industry in the .Planning Area is of the "light" industry type. "Light" industry is characterized by high performance characteristics, including low levels of noise and fumes, low land coverage, and moderate traffic generation. Uses include manufacturing, wholesaling, and storage among others. The Plan provides approximately 1,941 acres of land for heavy industry in the northwest corner of the Planning Area. This area reflects the existing DuPont plant, provides for expansion of the industrial community, and is a logical extension of the Antioch-Pittsburg industrial complex to the west 'of the Planning Area. Light industrial areas are designated in the Planned Communities to provide local employment opportunities and promote the expansion of the economic base of the .community. • 29 HOUSING ELEMENT In 1970, the Planning Area population o£ 13,900,was housed "in 4,900 dwelling units with an "average size of 2.9 persons per household.. - Of the total housing units, approximately 80 percent were,single .family dwelling units, 9.5 'percent multiple family units, and ,'the remaining IO.S percent mobile homes. - In 1975 the Planning Area population of -152200 was housed in 5,900 dwelling units with an average household size of 2.57 persons. Approximately 76 percent of the total housing units were single family dwelling units, 10.8 percent multiple family units, and the remaining 13.3 percent mobile homes and group quarters. Approximately 6S percent of the dwelling units are owner occupied. The 35 percent in renter occupied units are mostly .in single-family residences and mobile homes. The data indicate a slight shift in the housing .mix .from single family 'homes to multiple family units and mobile homes, a shift which most likely is related to housing costs and the limited incomes of the increas- ingly aging population of the Planning Area. It is expected that housing needs of East County residents will be met partially through programs developed for all of the County pursuant to the Housing Element of the General Plan, though additional programs applicable mainly to rural areas (such as mortgage assistance of the Farmer's Home Administration) will also be utilized. 30 • CIRCULATION ELEMENT The Circulation Element of the Area Plan designates a transportation system to provide for the efficient movement of people and goods through- out the Planning Area and provide East County with links to the surround- ing region. ROAD SYSTEM The existing road system in East County consists primarily of County roads laid out in a typical grid 'system oriented north-south and east- west along section lines. The basic road pattern was established in the early 1930's to serve the agricultural needs of the area and has changed little since then. The Area Plan calls for few major additions to the roadway system. The majority of new roads and road improvements will be provided through the development process by frontage and off-site improvement requirements. Freeways Freeways are high-speed limited access traffic arterials designed to facilitate the movement of large traffic volumes (40,000 and more trips per day), between regions and to provide connections for major develop- ment centers to a regional circulation facility. • Consideration was given to the establishment .of a Freeway alignment to connect San Joaquin County with existing Freeway Route 4 near the Antioch Bridge. However, state highway financing policies indicate that funds for such a facility will not be available for a time period exceeding the Planning Period, and the retention of a large-parcel development pattern in all but a few areas of East County renders it unnecessary to protect any alternative route alignments. A freeway is therefore not designated in this Plan. Major Highways The function of a major highway is to expedite movement between relatively distant points of a community or region. These facilities generally have no access control but provide for through traffic and large volumes of vehicular traffic (20,000 trips per day and more). A major east-west route through the Planning Area is currently provided by State Route 4. In addition to carrying local traffic, Highway 4 is the major facility linking East County communities with Stockton, central and west County, and the greater San Francisco Bay Area. The Plan recognizes that growth in the Planning Area and through-traffic will not require new major highways. Instead the Plan provides for • straightening existing Highway 4 in Oakley and for road widening and improvement. Further, since Highway 4 creates both a noise and traffic • problem where it traverses the communities of Brentwood and Oakley, it is recommended that alternate routes in or around these communities be studied. Arterials The arterial system connects major traffic generators within communities with each other by carrying traffic from collector streets to major highways and freeways. Arterials form a through traffic network carrying intermediate distance trips and should be designed to accommodate moderate speeds. Traffic volumes on arterials generally range from 17,000 to 22,000 trips per day. Major arterials in the Planning Area are shown on the Circulation Element Map. The majority of the arterials shown follow existing roads in the Planning Area. The routes shown but not presently developed are: the extension of Byron Highway to connect to Bethel Island _Road, and the extension of Laurel Road from Empire Road to Hillcrest Avenue. Collectors Collector streets serve internal traffic movements in the Planning Area and serve to collect traffic carry it to arterials, and to shopping centers, schools, and other traffic generators. Collectors generally carry. between 9,000 and 12,000 trips per day. Except for arterials and minor streets, nearly all the remaining existing County roads in East County function as collectors and also constitute the future collector network. No new collectors are provided for by this Plan. Minor Streets Minor streets provide access to individual parcels of land and other elements in the road network and thus serve only local traffic. The demand for minor streets usually coincides with the new development, and .they are usually provided by developers in conformance to the County Subdivision Ordinance. PUBLIC TRANSPORTATION Existing public transportation in the Planning Area is provided primarily through five daily inbound and outbound trips by BARTD buses terminating at Brentwood, and two daily scheduled Greyhound Bus Lines trips through the area. Special van service to hospital patients and handicapped is also provided by private or nonprofit groups. • 32 ,►f+! ♦yE �/fir � +, �,n.r •fy - .. _. t � f s i VI- e�ecEr � ;t e tiEGEKID 00010 �r i The provision of transit to the East County is considered highly desirable. •`' A number of studies have analyzed transit needs, potential service by bus and van systems, and potential routing. The extension of BARTD rail service to the area is not deemed feasible during the -Planning Period. An East County transit program has been established through a joint powers agreement between the County and the Cities of Antioch, Brentwood, and Pittsburg. This program is expected to develop into a transit authority which will provide limited local bus service within the City of Brentwood as well as to -link_ the Brentwood area with the Antioch- area. The East County transit program is also expected to streamline the present BART bus service in East County by providing feeder bus service to BART express buses. This service is expected to begin. in September, 1976. The County has applied for a Rural Demonstration Grant.to fund a two year demonstration program which could result in more -comprehensive transit service within the Planning Area than that planned in the East County transit program. This service will link the Bethel Island, Knightsen, Brentwood, Byron, and Oakley areas with *the Antioch area and will be particularly aimed at providing transit service to the elderly, handicapped and minority groups for shopping and medical trips. If successful, this service could eventually be absorbed by the East County Transit Authority. RAIL TRAFFIC Two railroad lines serve the East County area; the Santa Fea (ATSF) through Oakley and Knightsen, and the Sc;ithern Pacific (SP) through Brentwood and Byron. Passenger service is not provided to the Planning Area. No change in the status of rail traffic is provided in the Plan. In addition to carrying agricultural products from East County to market, the railroad rights-of-way provide the potential for recreation trail routes. • 34 • SCENIC ROUTES ELEMENT The Scenic Routes Element of the County General Plan, adopted by the Board of Supervisors in September 1974, establishes a policy for the protection of the aesthetic qualities of certain identified scenic roads. The Scenic Routes Element of this Area Plan reflects the Scenic Routes Element of the General Plan and provides for the following additional scenic thoroughfares within the Planning Area: Lone Tree Way from Hillcrest Avenue to Highway 4 Walnut Boulevard Byron Highway from Borden Junction south to the County line Marsh Creek Road from Camino Diablo to Walnut Boulevard Camino Diablo from Vasco Road to Byron Highway 35 00342 SCENIC ROUTES PLAN a . . `\ SitCKTWO00 �...«» \` \� y. •.... .•...•.. Bytes N J Z� w. ........... SCENIC ROUTES 36 �s`�43 • OPEN SPACE AND CONSERVATION ELEMENT The legislation requiring an Open Space Element of the General Plan defines open space as any parcel of essentially unimproved land or water area used for the preservation and production of natural resources, outdoor recreation, and public health and safety. The East County General Plan Open Space/Conservation. Element identifies the following categories of open space: Recreation Water Areas Together the above Open Space/Conservation categories _contain.approximately 15,747 acres of land and water area in the Planning Area. RECREATION This designation on the Land Use Map includes Frank's Tract and Little Frank'.s Tract State Park, Clifton Court Forebay, John Marsh Home, and Byron Hot Springs. The publicly owned parks, recreation areas, public utility rights-of-way, and managed watershed lands are defined as perma- nent open space. WATER AREAS • Much of the Planning Area is part of the San Joaquin and Sacramento River Delta and as a result is laced with a variety of waterways includ- ing sloughs, rivers, and lakes. Much of the water area is contained in Frank's Tract (a flooded island) and Clifton Court Forebay (a man-made holding facility) . In addition, there exist numerous sloughs connecting the San Joaquin and Old Rivers with the larger bodies of water and with each other. The waterways open for public use and not in private ownership are defined as permanent open space. • - 37 09344 COMMUNITY FACILITIES ELEMENT All development, be it rural or urban in character, requires a number of supporting facilities and services. These facilities and services range from schools, recreation, fire and police protection to various types of water supply and sewage disposal, roads and flood protection. The type and level of facilities and services varies both by area and density of development; farms located on 100 acre parcels will. require a different size of roads and pavement than a residential development with parcels of 10,000 square feet each; septic tanks can serve acreage, but not a house in a small-lot subdivision. Community facilities in the context of this Plan thus include the variety of facilities which are needed in relation to the kind and amount of development in the area. These services and facilities may supplied by a public or semi-public agency. Every community must have a water supply, a means of disposing of sewage, _schools, utilities, and other community facilities. Each of these , facilities has an ultimate design capacity which limits its 'service capability. As an area experiences urban growth the demand for facilities increases, and existing facilities become outmoded or do not have a adequate capacity to meet the demand. This element establishes the need for facilities to serve the land use and circulation patterns outlined in the Area Plan. Services provided by public entities are analyzed in this Plan since they are directly related to the functions of local government, while the facilities and services provided by nonprofit or other agencies are expected to be supplied as the need arises. Many of the facilities in the Planning Area are utilised at or beyond their design capacities, and will require expansion to meet the needs of the future development provided for in this Plan. Multiple purpose use of facilities is suggested to the maximum extent feasible, since it provides for more efficient use of tax revenues and avoids duplication of effort by a variety of agencies. Schools, park and recreation facilities are most frequently designed for multiple use, though this principle applies also to recreation trail development and other public works such as drainageways, utility rights-of-way, commercial areas, scenic areas and historic landmarks. The Area Plan projects the demand for the following facilities based on population increases inherent in the Plan policies for the Planning Area: Educational Facilities Recreation Facilities Health Services and Facilities Utilities and Flood Control Facilities Protection Services and Facilities . 38 0024:1 • EDUCATIONAL FACILITIES Schools The East Contra Costa area is served by four elementary school districts: the Brentwood, Byron, Knightsen, and Oakley School Districts. The Liberty Union High School District, with a high school in Brentwood and La Paloma continuation high school located on Lone Tree Way, serve the total Planning Area. Existing schools are Brentwood Elementary, Edna Hill Elementary, and Garin Elementary, all in Brentwood; Byron Elementary in Byron; Knightsen Elementary in Knightsen; and Gehringer Elementary and Oakley Middle Schools in Oakley. Total school enrollment in the Planning Area increased from 3,260 in 1962 to 4,250 students in 1975. Every school, with the exception of Liberty High School and Garin School, is presently opperating below its design capacity. Percentage of space utilization ranges from a low of 76 percent at the Oakley School to a high of 103 percent at the Garin School. Planned growth pursuant to the Area Plan will increase the number of school age children in the area by an estimated 7,000 to a total enroll- ment of 11,250. This increase will require the construction of new facilities to provide additional student capacity. In addition, portions or all of some East County Schools will need replacement by the end of this Planning Period. Within the Brentwood Union School District all but two classrooms of Brentwood School and two-thirds of Edna Hill Elementary will need to be replaced. The Byron Elementary School will need replacement or renovation before that time as a result of a projected sharp enrollment increase caused by development at Discovery Bay. The Knightsen Elementary School, at most, will require replacement of its main building. Barring major school expansion, the Oakley Elementary School will require replacement by 1990, as will two-thirds of the facility at Liberty Union High School. The nearest institution of higher learning is Los Medanos Community College, a two-year college located in the City of Pittsburg. Libraries East County is served by three libraries located in Brentwood, Byron, and Oakley and operated by the Contra Costa County Library System On the basis of population related standards of the American Library Asso- ciation, the present library facility in Brentwood is inadequate to serve existing demand. However, all libraries benefit from special County library services, including a central book depository, reference system, and bookmobile service, so that the service level delivered is higher than statistics indicate. • The County Library System considers that present facilities are inade- quate to serve future growth of the Planning Area. New branch facility J9 r. 00"43 construction is contingent upon future policy decisions. One additional branch library facility may be required to serve a population of 20,000 if existing supplementary library services are continued. : , . 40 4l JER f i 0160 COMMUNITY FACILITIES Oakley O '\ O\ \ \ ` KniQhfsen torr t roes r• • -\ _. 8RENTW000 —— A • •\ - O� Byrona _ 0 i LEGEND Grammer Schools ■ High School o Libraries 41 o Boys Ranch . OW9148 0 Fire Houses RECREATION FACILITIES' • Parks Two large State operated recreation areas are located at the north and south extremes of the Planning Area. Frank's Tract State Park, located in the northerly portion, covers an area of 3,400 acres--mostly open water. The parkismaintained for water-oriented recreational -activities such as fishing and boating. Clifton Court Forebay, developed jointly by the Department of Water Resources and Department of Fish and Game, is located in the southeastern portion of the Planning Area. While not a park in the true- sense, the. Forebay covers 2,200 acres of water and 8 miles .of shoreline and is used. for bank fishing and water fowl hunting. Approximately 100 acres of adjacent dry land are also available for the development of facilities.'`:: A short distance outside the Planning area are located three major parks--Mt. Diablo State Park (under the jurisdiction of the State Parks and Recreation Department) , and Contra Loma Regional Park and Coal Mines Regional Park (under the jurisdiction of the East Bay Regional Parks District) . ii Only three local park facilities exist in the entire Planning, Area. These are Brentwood Park (a neighborhood park of 4 acres) , a tot lot on Curtis Drive, also in Brentwood, and a 3 acre park which is being developed on part of the Oakley School grounds. Recreational features include playgrounds, playfields, and picnic facilities._. Neighborhood parks, playgrounds and tot lots should be provided in the Planned Communities when urban density development is undertaken on the basis of full utility services. Two wildlife areas in East County are designated by the Resources Agency of California. One is a wildlife management area located at Big Break and the other a wildlife and scenic area in the vicinity of Old River near Holland Tract and Quimby Island. Both areas will serve as wildlife refuges and low use-intensity recreation areas. Sport Fishing The waters-of the Sacramento-San Joaquin Delta support rich and important fishery resources. Fishery studies usually relate to the entire Delta, not to specific counties. Although the Planning Area encompasses only about 10 percent of the Delta Region, the recreational and fisheries value of the Planning Area is enhanced by the presence of three large bodies of water; Big Break, Frank's Tract, and Clifton Court Forebay. Commercial fishing in the Delta has been closed since 1953 due to con- flicts with sports fishing. However, the king salmon which migrate through the Delta from upstream spawning grounds account for approximately • 42 • eighty percent of the State's eight million pound commercial marine salmon catch. Other sports fish in the Delta are the.American shad.(an introduced species), and white sturgeon. Deltaresidentgame fish are striped bass, white catfish, brown bullheads; black crappies,' blue gill, and largemouth bass. Marinas. Thirty marinas or harbors exist in the Planning Area, all privately owned. They vary in size, services, and facilities; some moor less than 20 boats and offer few services, while others moor over 300 boats and offer a wide range of services and facilities including boat repair, camping and picnic sites, air strips, laundromats, grocery stores, boat :rentals, restaurants, etc. The quality of the marinas vary; many offer facilities in good repair, protection from high winds, deep, wide channels for ease of access, competent service crews, etc. , have very few vacancies and often have waiting lists. The Plan assumes development of additional marina facilities along the recreation waterways in response to market demand. Historic Sites The major historic site in East County is the John Marsh Home on Marsh Creek Road. The County owns the home site which covers more than 7 acres. It was purchased by the Cowell foundation and subsequently deeded to the County in 1960. The site is on the National Historic Register and is of historic significance. 45 l' � U HEALTH SERVICES AND FACILITIES The nearest hospital facilities 'serving the =Planning Area are Delta. Memorial (a 53 bed private hospital in Antioch) and Pittsburg Community (a 78 bed hospital in Pittsburg) . The Brentwood Health.Center, a semi- public health facility is also located in the Planning Area: This clinic facility provides medical, psychiatric, pediatric, and prenatal care services. The clinic is staffed by County personnel and doctors as well as a doctor from the National Health Service. The County Health Department provides periodic clinics, public health nursing services, and sanitation services to the area. Private medical resources are limited in the Planning Area. It is . .served by three physicians, three dentists, and one optometrist. Two private rest homes, Lone Tree Rest Haven (50 beds) and A and R Rest- Home (12 beds) are located within Planning Area. The small and scattered existing population of the East County area does not warrant a hospital facility of its own according to the hospital standards of the Bay Area Comprehensive Health Planning Council. These standards state that a remote low density area warrants one 50-bed facility and that a health facility planning area with a 50,000. to_ 70,000 population warrants a 75-bed facility. • • UTILITIES AND FLOOD CONTROL FACILITIES Water Facilities Treated Water Supply The City of Brentwood Water District and the Oakley County Water District are the two major suppliers of treated water in the East County area. The remainder of the area is served by private wells. Oakley County Water District. At present, the Oakley County Water District services the Oakley residential area and the industrial area north of Oakley. Approximately 6,000 acres are served by the district, of which 600 acres are under water in Big Break. The present population of the district is approximately 2,600; there are 800 connections, with over 75 percent of the total yearly water demand supplied to one industry (E. I. DuPont) . Source of water for the District treatment plant is the Contra Costa Canal. The plant capacity is 4.3 million gallons per day (MGD), and total treated water storage is 480,000 :gallons. The facility operates with excess capacity and could serve an additional 11,800 persons. If heavy industrial water demand stays at present levels, and light industrial demand increases only.slightly and is thus comparable to residential demand, the future increase in water demand pursuant to the Area Plan would not be large enough to require a new • facility in the Oakley County Water District. City of Brentwood. Although the City of Brentwood was incorporated in 1949, it did not supply its own water until 1966 when it purchased Contra Costa Water District #1. Today, the population of Brentwood numbers over 3,700 and the service area is approximately 400 acres. Users must be located within the city limits or crust be annexed to the city. Applicants for water service must agree to pay all off-site and on-site improvement costs for water facilities. Brentwood is the only municipal district in the County which relies solely upon wells for its water supply. Water is drawn from 5 wells, ranging between 30 and 200 feet in depth, and is used without additional treatment. The system has an available water storage of 150,000 gallons. Other Suppliers. Twenty-four small water companies with over 800 con- nections supply water to the Byron-Knightsen Plain and Bethel Island area. The remaining demand is supplied by individual- wells, and it is expected that future low density residential growth will also be serviced by private wells. Wells are an unreliable source of water in many parts of East County, since the ground water table fluctuates and lowers in dry years. When development occurs; in areas such as Bethel Island, a public water supply will be required to allow for connections as required by the development criteria for residential use described by this Plan. 45 1!{ . 2 Untreated Water Supply • Three agencies in the Planning Area deliver raw water .for irrigation and other uses: The Contra Costa County Water District, the East Contra Costa Irri,;ation District and the Byron-Bethany Irrigation District. Contra C_zza County Water District. The .Contra Costa County Water Di'strict was formed in 1936 to contract with the Bureau of Reclamation for the purchase and distribution of water from the Contra Costa Canal unit of the Central Valley Project. The District acts primarily as a wholesaler in the Planning Area, leaving local distribution to its customers and to its own Treated Water Division: . Customers in the Planning Area include the Oakley County Water District and agricultural water users. The district contains a large portion of the Planning Area and could develop a surface water supply for additional lands. East Contra Costa County Irrigation District. The East .Contra Costa County Irrigation District, formed in 1926, services .19,000 acres of agricultural lands in the Brentwood area. The district diverts 37,000 acre feet a year from Indian Slough in the Delta. In addition, it maintains wells which produce 2,500 acre feet a year for irrigation and 2,500 acre feet for water table control. non-Bethany Irrigation District. The Byron-Bethany Irrigation. District, formed in 1919, serves 17,000 acres of agricultural lands in Contra Costa, Alameda, and San Joaquin Counties. A 10,500 acre portion of the district service area lies in Contra Costa. The District diverts 39,500 acre feet a year from the Delta slough region, of which. 22,000 are supplied to lands in Contra Costa County. A drainage- system returns spent water to the Delta at Indian Slough. Sanitary Sewer. Facilities Five sanitary sewer districts in the East County ;(Brentwood, Byron,- County District #15, County District #19, and Oakley Sanitation Districts) presently operate 4 plants and serve 7,690 persons. Only the Oakley and Brentwood districts serve sizeable populations. Future available plant capacity in the Planning Area varies with con- struction of the Bethel Island Plant. Without this plant, total area sewerage capacity is 14,300 persons, whereas with the Bethel Island Plant total sewerage capacity could range from 20,000 -to 23,400 persons. Much of the capacity of the Bethel Island plant will be utilized- to serve existing development on the island and south of Dutch Slogh . City of Brentwood The Brentwood Sanitary District, formed in 1960, was ten over by the City of Brentwood in 1966. The present system serves ,#662 persons and consists of trickling filters and ponds with effluent being discharged • 46 009103 • for irrigation. The system capacity is approximately 7,500 persons. The City's treatment plant was improved in 1971 to enlarge and improve, and currently meets Regional Water Quality Control Board requirements. Byron Sanitary District This district serves the small unincorporated town of Byron located in the southeastern portion of the County. The treatment system consists of a septic tank and percolation field and has a capacity for a population equivalent of 1,400 persons. County Sanitation District 15 County Sanitation District 15 was formed in 19.67 to serve the recrea- tional areas of Bethel Island and the Holland Tract. No system presently exists, however, a plan calls for the construction of a 6 inch force main and treatment facility with a capacity of 100,000 gallons. Treated effluent will be disposed of by sprinkler irrigation. The pint is planned for a capacity of 2,900 persons, but ultimate capacity could potentially be expanded to theuivalent of 6,300 persons. Although these facilities will be built to serve existing development in the District, the plant is capable of being expanded to accept sewage also from planned new development. County Sanitation District 19 • This district was organized in 1968 to serve the Discovery Bay develop- ment in the Byron Tract area. Construction of the system, including treatment facilities, was finished in 1972. The system presently has capacity for a population equivalent of `3,700 persons. Plans for expan- sion of the plant to service a future development in Discovery Bay. Oakley Sanitary District This system provides service to approximately 2,800 persons in the area east of Antioch. Current treatment consists of a septic tank and stabilization ponds; effluent is discharged into Big Break. Plans were made in 1970 for a southwesterly expansion of the district, which would incorporate much of Oakley and lands to the south. In 1974 the Central Valley Regional Water Quality Control Board issued an order providing construction plans for an adequate treatment plant to. be completed in 1977. The East/Central Contra Costa County Waste Water Management Program calls for construction of a new treatment plant in Oakley on a 27 acre site, with an ultimate design capacity able to serve a population of up to 6,000 persons with recent improvements. The policies of the Area Plan provide for an East County population of 25,000 persons by 1990. If the Bethel Island plant is built, the excess demand of 7,700 persons would have to be serviced by septic tanks or through expansion of the existing sewer treatment facilities. • 47 00f ti Restrictions for single family housing on septic tanks will require that residential growth serviced by septic tanks must :consist of .low density lots with a minimum size of one acre where water services are available. Solid Waste Disposal Facilities The East County area is served by two private solid. waste disposal service companies. Both dispose of solid waste at the Pittsburg dump site. This land fill operation consists of 25 acres and will be filled in between 3 to S years. Alternate disposal sites have not been selected, though there is a possibility that the old Antioch. site, which is pre- sently inoperable may be reopened for limited-use. The County's Solid Waste Management Plan contemplates Countywide collection of solid waste for disposal at a facility of the Central Contra Costa Sanitatary Dis- trict, which would also serve East County. Semi-Public Facilities Telephone, electric power, and natural gas supplies are provided in East County by private companies upon consumer request. Telephone The Pacific Telephone Company maintains five business offices in the East County area. There are few constraints on the ability of the telephone company to expand its services, and.no difficulty is anticipated . . in serving the land use pattern designated in this Area Plan. • Electric Power Electricity in the East County area is provided by Pacific Gas and Electric Company (P.G.& E.) . Five generating plants sited in Contra Costa County at Avon, Antioch, Martinez, Oleum, and Pittsburg collectively supply power to the County. The two newest plants, Antioch and Pittsburg, provide over 90 percent of the total output of all five plants. The Antioch and Pittsburg plants are being converted from natural gas -to a crude oil for fuel, the remaining plants continue to operate on natural gas. Appropriate service can be provided to all development proposed in the Plan. Natural Gas Supply Pacific Gas and Electric Company also provides natural gas to the East Contra Costa County area. Supplies of natural gas are becoming increas- ingly limited, and more restrictive policies are being applied to the extension of service to new users. While most new development of urban districts will probably continue to be eligible to receive natural gas, low density areas and certain nonresidential uses may have to rely on alternate energy sources. i fit 48- • Flood Control Facilities The large number of waterways and low ground elevation render many areas in the East County subject to drainage problems and result in the need for major flood control and storm drainage facilities. The Contra Costa County Flood Control and Water Conservation District is the lead agency for constructing flood control and drainage works in the County. They have defined the Planning Area in four flood plain zones, and have prepared zone plans for flood control management. The southernmost watershed and flood control zone in the County is the Marsh-Kellogg Watershed which extends from Mount Diablo's eastern slopes to the border of the Delta region east of Byron. Prior to recent improvements along Marsh Creek, the area suffered repeated flooding and sediment problems due to overflow of the creek channel. The resulting standing water would remain until it evaporated, percolated into the ground, or was pumped away, damaging or destroying crops in the area. Four flood control dams and channel improvements have been constructed along Marsh Creek, Dry Creek, Deer Creek and Sand Creek. They are provided by Flood Control Zones 1 and 2 and are designed to control flood waters of a 50-year flood. This level of control is acceptable for agricultural needs and meets the standards of the Contra Costa County Flood Control Department. The future adequacy of existing flood control measures is not related to population levels, but instead to the amount of developed land impervious to water percolation. Since the southern half of East County is not designated for higher density develop- ment, there will not be major demand for future expansion of flood control facilities in the INlt. Diablo-Byron region of the watershed. The second and most critical flood damage area in the East County is the Delta region, which consists of many reclaimed islands below sea level which are separated from surrounding river channels by levees. These islands are subject to levee breaks, which can result in the long-term flooding of entire islands. The Delta is part of the San Joaquin River flood plain which extends from north of Oakley and Knightsen southeasterly along the eastern boundary of the County. Flood prevention in this area is dependent on the quality of maintenance and design of levees. The levees are managed by two processes which result in differing levels of flood prevention. Direct-agreement levees are engineered and managed by the Army Corps of Engineers pursuant to agreement with the state, and these levees meet the Corps standards for safety and dependability. The second type of levee, nonproject levees, are privately designed and maintained by individual water reclamation districts. No specific maintenance standards or regulations exist for many nonproject levees. Levees are currently maintained at levels that range from adequate to inadequate. Problems such as lack of soil com- paction, inadequate thickness, and unstable slopes are indications of levee instability. The County Flood Control District estimates that an average of four feet of additional height as well as certain structural . improvements would be needed to bring the inadequate levees up to the U.S. Corps of Engineers standards. The cost of upgrading these levees is estimated at more than $as' million. �e+ QO35U 49 PROTECTION SERVICES AND FACILITIES Fire Fire protection in the Planning Area is provided primarily by four fire districts; Bethel Island, Brentwood, Byron and Oakley Fire Protection Districts. The Bethel Island District employs a full-time paid chief and assistant chief; all other staff of the fire companies. are volunteers. The major problems of the fire districts are the large area to be pro- tected and the unavailability of water. These factors require that much of the equipment be comprised of tankers to transport large water sup- plies and brush pickup equipment to fight isolated brush and range fires. All fire companies have building sites rated "good'.' and all but Brentwood have good expansion potential. Fire insurance ratings in the . East County are among the highest in the County. . The overall rating of the district's manpower, training, local water system. and supply all need improvement when compared to the rest of the County. The need for future expansion of fire fighting services is generally related to the type, size and intensity of various land uses rather than population numbers._ It is often less expensive to provide fire protec- tion to agricultural, single family, and commercial/recreation land; more expensive for public/semi-public lands, and most expensive .for commerciallretail and industrial land. The Area Plan land use configuration will probably cause .the fire protec- tion needs of East County to increase as land use will change in inten- sity from agricultural use to residential and commercial use. It can be assumed that volunteer firemen will continue to serve the area but additional equipment consisting of 1 pumper and 2 tankers will be needed by the Oakley Fire District. Major new equipment will probably not be required for the other districts Eventually, the East County area will probably also have to employ a permanent salaried fire protec- tion staff. 4 _ So 1C`� �� e ..i o�J • SAFETY ELEMENT Policies of the Countywide Safety Element of the General Plan also apply in the Planning Area. Major policies impacting the development pattern of this Area Plan include the following: Geologic hazards should be fully considered in the planning of industrial development located on reclaimed land just east of Bridgehead Road and north of the Santa Fe Railroad; development of reclaimed lands in the Delta islands and below the 10 foot elevation; on landslide deposits found in small areas near Marsh Creek Reservoir and east of Vasco Road; and on slopes over 26 percent east of Deer Valley Road, north of Marsh Creek road, and east of Vasco Road. Flood hazards should be fully evaluated and development containing human habitation avoided in areas where flood protection is required and cannot be provided. This would be applicable to reclaimed lands not adequately protected by levees, and areas of creek over- flow. Federal Flood Insurance requirements must be satisfied within Flood Hazard Areas designated by the Federal government or other areas known to be flood prone. Areas subject to flooding by standing water should be drained adequately or not developed other than for agricultural and other open space uses. • - Hazards related to land uses such as petroleum and chemical industries, oil and gas wells, petroleum product and natural gas pipelines, and the transportation of hazardous materials by road, rail and water should be considered. The Safety Element designates a location near the E. I. DuPont plant east of the Antioch Bridge as a "Safe Stopping Place" for hazardous materials. SEISMIC SAFETY ELEMENT The major faults which bisect the East County Planning Area are the Antioch-Davis fault zone and the Midland Fault zone, the former is considered active and the latter potentially active. The Antioch-Davis fault system trends northerly through the hilly western portion of the Planning Area. The Midland fault zone, which trends approximately north-northwest, is believed to extend from the southeastern corner of Contra Costa County northward through the Eastern portion of the Planning Area to as far as the Yolo-Solano County lines, near Winters. Again the policies of the Countywide element apply to the Planning Area. The design of development and site preparation should give consideration to the existence of these faults in the Planned Communities around Oakley and Byron, and the Recreation Community on Bethel Island. Seismic ground shaking and li-quifaction potential should be considered • on Modern Sediments and Younger alluvium in the East County area. 51 NOISE ELEMENT � .1 The Countywide Noise Element indicates that residential areas and schools are adversely impacted by transportation noise (in Oakley and Brentwood) . -The element provides noise contours for both existing and 1990 noise levels. Development within these contours should consider and be:designed to provide appropriate attenuation of noise. Similarly, consideration of noise radiation from stationary sources should bea major determinant for major industrial, and commercial development. Y : : F 52 • IMPLEMENTATION The purpose of this chapter is to establish a program for. implementing Area Plan proposals following the Plan's adoption. This Plan is developed for a period of ten years. During this period it may have to be amended to reflect conditions not now anticipated. Further, to insure that the plan is current and up to date, it is recom- mended that it be reviewed periodically. An annual review is recommended to monitor the progress of the plan and the Planning Area. The implementation of the plan requires a number of actions. By subject matter these actions include: AGRICULTURE REQUIRED IMPLE-1ENTATION MEASURES Agricultural Core Area 1. Revise agricultural zoning in the agricultural core to require 10 acre minimum parcel size. Agricultural-Recreation Area 1. Revise agricultural zoning in the Agricultural-Recreational Area to require 20 acre minimum parcel size. 2. Adopt an agricultural zoning ordinance appropriate to the 20 acre minimum. Agricultural-Residential Area 1. Revise agricultural zoning in the Agricultural-Residential Area to require S acre minimum parcel size. Measures Applicable to All Agricultural Land Use Categories 1. Support state legislation to assess real property taxes on use (agriculture as a "highest and best use") and not potential urban value. 2. Review present zoning districts and rezone where applicable to make zoning reflective of use. 3. Revise the designations of the agriculture zoning districts to reflect the minimum allowable parcel size. )�9�fi0 4. Review Williamson Contract Program as to its effectiveness in achieving stated goals in the East County Planning Area, namely the avoidance of real property tax burden on agricultural uses which forces their conversion to suburban uses. S. Develop a flood plain zoning ordinance. b.. Limit installation of major roads which will be detrimental to agriculture. 7. Encourage and-support State and Federal water reclamation projects and physical development projects which would increase, enhance and protect agricultural lands. 8. Establish development standards policy for required improvements- in each agricultural land use category. PLANNED CO*iUNITY REQUIRED IMPLEMENTATION MEASURES 1. Require.connection to urban utilities and facilities. 2. Review existing zoning within each Planned Community as to its conformity to Area Plan land use categories. ? 3. Revise zoning to reflect use. i 4. Develop incremental phasing program for physical growth. 5. Establish a development standards policy for each planned community. RECREATION COMMUNITY REQUIRED IMPLEMENTATION MEASURES 1. Require connection to community sewer and water facilities before urban development is allowed. 2. Require detailed geologic and engineering reports as a prerequisite for considering the approval of public and private development. 3. Revise zoning to reflect use. 4. Develop incremental phasing program for physical growth. S. Establish a development standards policy for the Recreation Community. 541 • ADDITIONAL IMPLEMENTATION MEASURES 1. Prepare a specific plan for Bethel Island to guide its future growth. RECREATION REQUIRED IMPLEMENTATION MEASURES 1. Adopt local park acreage standards. 2. Provide a public agency mechanism to utilize existing procedures for distributing park dedication fees to appropriate East County areas. ADDITIONAL IMPLEMENTATION MEASURES 1. Study the potential for an East County Recreation District to provide for the recreation needs of the area. 2. Support and encourage state efforts toward creating a developed State Park at Frank's Tract State Recreation Area. 3. Study waterways for a waterways trail plan. • CIRCULATION REQUIRED IMPLEMENTATION MEASURES 1. Obtain road widenings and appropriate road improvements as land is developed. 2. Initiate a program of correcting road deficiencies on existing roads. 3. Coordinate-road development and improvement programs with local and State agencies. COMMUNITY FACILITIES Required Implementation Measures 1. Coordinate development and facility requirements with the applicable agencies. 2. Participate in applicable local and regional facility studies. 3. Initiate a study of the multiple use aspects of community facilities directed at maximi-Zing the use of each site. -. . SS �41�?f2 4. Initiate a countywide community facilities study to insure.corn- • patability of facility development throughout the County. 5. Devise a phasing program for the provision of facilities and services. 6. Work closely with the school districts to insure that adequate funding will be available for the required expansion of services. Additional Implementation Measures 1. Study the feasibility of consolidating service districts in the Planning Area including school and fire protection districts. . 2. Coordinate the activities of service districts. 3. Study and develop a policy to require servicing capability as .a condition of development. 1 56 11��L.it) FIGURE A-1 EAST COU:. ' GENERAL PL.•aN POPULATION GROWTH, 1940 - 1975 Contra Costa Countv, California -=7 600 - --- - - - - — -- - - 600 - --- - 30 500 -- - - -- - --- - -- -- --- - --- -- --- - �5 400 :-_`- ---- -- -� -- -- - - - - - 20 .-1 Gl O 300 tj 200 1� _ .! 100 `_ .. --.`- - — - - - . __. 5 i t i 0 0 �e75 0 YEA. an1 Coir. TABLE A-1 • EAST COUNTY GENERAL PLAN POPULATION BY AGE GROUP, 1960 to 1970 EAST COUNTY 1960 .. _ 1970 1975 AGE GROUP NUMBER PERCENT NUMBER PERCENT NUMBER PERCENT 0 to 9 2;520" 21.6 2,.399 17.8 2,215 15.5 10 to 19 2,149 18.5 2,868 20.6 3,068 21.5 20 to 44 .3,652 51.5 4,025 28.9 4,497 31.5 45 to 64 2,366 . 20.4 3,166 22.5 2,966 20.8 65 and Over 931 8.0 1,481 10.7 1,531 10.7 TOTAL 11,618 100.0 13,889 100.0 14,277 100.0 TABLE A-2 EAST COUNTY GENERAL PLAN COMPOSITION OF THE POPULATION BY RACE* • EAST COUNTY 'PERCENT PERCENT RACE 1960 OF TOTAL 1970 OF TOTAL White 8,484 73.0 9,550 68.8 Black 19 .2 17 .1 Spanish Surname 2,827 24.3 3,751 27.0 Other 288 2.5 571 4.1 TOTAL 11,618 100.0 13,899 100.0 *Census data is not complete at this time for 1975. NOW 58 �pE�IX A ., '� �- TABLE A-3 EAST COUNTY GENERAL PLAN SL?MWY OF HOUSING STATISTICS April, 1970 CE\SU5 TRA{:1' IIOUS 1:a: ' �311:u 30211 3031 _ 3032 30.10 TOTAL C011::11" TOTAL INOICATOR5 XC):Li'sit f'i: Cii\'� NII:Iltlat PLf1Cfi::'T NUMBER PIi1tCi.X1' NUMBER PERCENT NlC•WR PERCUNT NUMBER PEMINT KWICER_ PER;:::.T TOT.1I. DW: t.tSG '1S 1,177 100.0 1,470 100.0 1,102 100.(11) 655 100.00 •146 100.0 4,852 100.0 178,361 100.J Year Round 1,167 99.2 1,466 99.6 1,077 97.7 650 99.2 443 98.9 4,803 98.9 178,312 99.9 Seasonal and Migratory w 0.5 4 0.2 25 2.3 5 0.8 5 1.1 49 1.1 72 0.1 OCCUPLE.0 827 70.3 1,411 96.0 1,032 93.6 629 96.0 426 95.1 4,325 89.1 172,951 96.9 Ul %D Owner Occupied 650 78.6 P99 62.3 602 5.1.6 41' 66.3 152 59.1 2,800 64.7 120,013 6v.•: Renter Occupied 177 21.4 532 37.7 430 29.0 212 33.7 174 40.9 1,525 35.3 52,933 30.6 VACANT USI1'i 350 29.7 59 4.0 70 6.4 26 4.0 22 4.9 527 10.9 5,433 3.1 MEDIAN W-11SE VALU.:;S $.'1,300 $1?,3110 $18,50U $19,00 $18,200 $18,900 $25,7017 MEDIAN CONI'MACT REV $d6 $6u $69 $66 $72 $70 $1211 SOURCS: Prepared troa IU70 Census Bureau data by Contra Costa County Planning;Departccnt TABLE A-4 EAST COUNTY GENERAL PLAN HOUSING INVENTORY, 1970-1975 MULTI-FAMILY MULTI-FAMILY UNITS CENSUS SI14GLE FAMILY (2-4 IN STRUCTURE) (5+ IN BUILDING) MOBILE HOMES TOTAL UNITS TRACE' 4/1/70 4/10/75 4/1/70 4/10/75 4/1/70 4/10/75 4/1/70 4/10/75 4/1/70 4/10/75 3010 821 829 82 124 8 0 237 231 1,148 1,208 3020 1,241 1,395 118 95 34 44 135 258 1,528 1,793 3031 969 1,155 53 93 65 183 9 32 1,096 1,464 3032 500 664 70 72 9 8 75 161 654 905 3040 350 448 25 21 - - 62 81 437 550 cT 0 TOTAL 3,881 4,491 348 405 116 235 518 763 4,863 5,920 PERCENT OF TOTAL 79.81 75.9 7.16 6.8 2.39 4.0 10.65 12.8 100.0 100.0 C:X? • TABLE A-5 EAST COUNTY GENERAL PLAN POVERTY LEVEL AND HOUSING INDICATORS April, 1970 EAST COUNTY Total Families 3,831 Families Below Poverty Level 506 Percent to Total Families Below Poverty Level 13.2 percent Total Families in Housing Authority Units 210 Percent of Poverty Level Families in (lousing Authority Units 41.5 TABLE A-6 EAST COUNTY GENERAL PLAIN CONTRA COSTA HOUSING AUTHORITY UNITS January 1, 1970 to January 1, 1974 TOTAL OCCUPIED UNITS AREA JANUARY 1, 1970 JANUARY 1, 1974 CONVENTIONAL HOUSING Brentwood Area 44 44 Oakley _ 30 30 Oakley (elderly only) 40 40 TOTAL 114 114 LEASED HOUSING Oakley Area 96 137 TOTAL 96 137 TOTAL EAST COUNTY 210 251 A4pIg B i _ `� E ��} � �� • TABLE B-1 E'AS`1' COUNTY GENERAL PLAN EXISTING LAND USE LAND USE CATEGORY ACRES RESIDE14TIAL 2 ,22:3 Singles Family and Related 11999 Multiple Family and Related _ 36 Mob i Ie Home 61 Mobile Home Park 114 Group Quarters 13 COMMERCIAL 490 Retail Business and Related 235 Commercial Recreation 255 INDUSTRIAL 591 Light Industry 137 Heavy Industry 104 Mineral Extraction - 350 PUBLIC/SEMI-PUBLIC 716 Public/Semi-Public - 213 Utilities 503 OPEN SPACE 111 , 703 Agricultural 99, 201 Intensive 56, 549 Extensive 42, 652 Vacant 8 , 860 Water ) 3, :312 Rec rea t ion :3:30 OTHER 1 , 829 Roads and Streets 1 , 618 Railroad 211 TOTAL ACREAGE 117 , 552 03 TABLE B-2 EAST COUNTY GENERAL PLAN PRIME SOILS IN AGRICULTURE CORE SOIL TYPE CLASS Brentwood Clay Loam, Wet (Bc) I-1 Brentwood Clay Loam, 0-2 Percent Slope (Bb) IIw-2 Capay Clay, 0-2 Percent Slope (CaA) IIs-S Capay Clay, Wet, 0-2 Percent Slope (CbA) IIw-S Clear Lake Clay (Cc) IIs-5 Rincon Clay Loam, 0-2 Percent Slope (RbA) IIs-3 Rincon Clay Loam, Wet, 0-2 percent Slope (RcA) IIw-2 Sorrento Silty Clay Loam (Sm) Sorrento Silty Clay Loam, Sand Substratum IIs-0 Sycamore Silty Clay Loam (So) Sycamore Silty Clay Loam, Clay Substratum (Sp) IIw-2 64 Dai ��- APPENDIX C 00313 TABLE C-I EAST COUNTY GENERAL FLAN EXISTING SCHOOL FACILITIES CAPACITY AND UTILIZATION BUILDING AND SITE YEAR RE ORTE FALL, 1975 PERCENT BUILT AND NUMBER OF SITE SIZE REPORTED ERPA4SION RECREATION DISTRICT AND FACILITY (IMOE5 CAPACITY MIOLL1,11i41' IrriLtzA•rm LAST ADDITION MISSROWS (ACRES) Cl)XDI'1'I04 Pll'rfV"r1AL FACILITIES Brentwood Wiwi Brentwood 9-4 600 S95 99 1936/1967 21 7 F-1ir Poor Rallfiold, Courts. L'laygrotuld Libia Ili 11 6-8 530 481 90 1948/1967 I8 9.5 Good Good Ila llfield, Courts, Pluyll1,01111d Garin 4-5 180 187 103 1970/ 4 9.5 Guod Guod BallfieId, Limi- tad Playground Byron Union — Byron 1-8 340 276 81 1948/1968 13 10 Good Fair Ballfield, Courts, 1110ygruumi, Multi- Use Room ' Knightsen Katghtsen 1-8 300 287 95 1936/1963, 10 9 Good Fair Ifallfield; Courts, I`laycround, St'im wing 1'001 Oal,lay Uniaq Gehringor K-3 480 388 8o 1958/1972 16 IS Good Good Ballfield, "Courts, I'l a)•gruua,d Oakley 4-8 700 SS3 76 1938/1965 26 IS Good Good Ballfield, Courts, Playground, t;yn Liberty Union Liberty 9-12 1,200 1,482 101 1945/1971 50 43 Good Good Gymnasium, rout, ..r.. Tennis Courts, Athletic Fields �y SOI1RCr:: School Districts; Compiled by Contra Costa County Planning Oupartmont 1� TAB LL C-2 EAST COUNTY GENERAL PLAN PROPOSED LAND USE LAND USE ACRES AGRICULTURE 100,095 Agriculture Core 14•'`" Agriculture Recreation 3I,a87 Agriculture Residential 54,125 PL.kNNED COMUNITY 7,994 Oakley/Sand hill 4,843 Discovery Bay 1,783 Brentwood ( incorporated) 1,197 Bvron 123 Knightsen 43 RECREATION COIDIUN[TY 1,471 Bethel Island 1,471 INDUSTRY 1,941 RECREATION 6,051 TOTAL 117,552 bb #�r#r�'� TABLE C-3 EAST COUNTY GENERAL PLAN PROPOSED LAND USE BY COMMUNITY LAND USE (IN ACRES) SINGLE FAMILY MULTIPLE FAMILY LIGHT RETAIL BUSINESS/ PUBLIC PLANNED COMMUNITY RESIDENTIAL RESIDENTIAL INDUSTRY COMMERCIAL SEMI-PUBLIC Oakley/Sand Bill 4,659 8 21 122 33 Knightsen 18 - 20 2 8 Byron 88 9 10 9 7 Discovery Bay 1,545 65 - 118 55 rn Brentwood 1,036 - 34 40 87 RECREATION COMMUNITY Bethel Island 1,425 - - 44 2 C3'? In the Board of Supervisors of Contra Costa County, State of California December 6 , 19 M In the Matter of Completion of Private Improvements in Minor Subdivision 9?75, El Sobrante Area. The Director of Building Inspection having notified this Board of the completion of private improvements in Minor Subdivision 97-75, E1 Sobrante area, as provided in the agreement with K. Weber, 5787 Olinda Road, El Sobrante, Ca, approved by this Board on December 7, 1976; 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 the Building Inspection Department is AUTHORIZED to refund the cash deposit of $1,650.00, (Receipt No. 132322, dated November 3, 1976), deposited as security for the above agreement. PASSED by the Board on December 6, 1977. 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. cc-. K. Weber witness my hand and the Seal of the Boord of Building Inspection- (2) Supervisors affixed this 6th day of December , 19,x, J. R. OLSSON, Cierk BO2„l(� Q Deputy Clerk Patricia A. Bell 003 7 H-24 4/77 15m ' 1 � In the Board of Supervisors of Contra Costa County, State of California December 6 , 19 77 In the Matter of Lafayette Morehouse Property, Purson Lane, Lafayette California The Board on November 15, 1977 having requested the Director of Planning and the Director of Building Inspection to report to the Board on the status of investigation of complaints relating to the property of Lafayette Morehouse, Inc. ; and Mr. A. A. Dehaesus , Director of Planning, having advised in a November 28, 1977 memorandum that a cursory-type inspection was made on November 2, 1977 by members of the Contra Costa County Fire Protection District, Building Inspection Department, Health Department, and the Planning Department, and that obvious:: violations of the Health, Building, and Zoning Codes were noted; and Mr. Dehaesus having recommended that the Board authorize County Counsel to proceed with injunctive action and direct the staff of involved County Departments . to provide assistance; IT IS BY THE BOARD ORDERED that the recommendation of the Director of Planning is APPROVED. PASSED by the Board on December 6, 1977. 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 Director of Planning Supervisors Director of Building affixed this_Elh._day of npr-amhpr 19� Inspection Contra Costa County Fire Protection District J. R. OLSSON, Clerk Human Resources Agency Bt� � ���,c'�I I / & , &,-a . Deputy Clerk Health Department Patricia A. Bell County Administrator H-24 4/77 15m (1{ f�l Q FnD EIVED CONTRA COSTA COUNTY PLANNING DEPARTMENT G 19]] J. R. OLSSON CLERK BOARD OF SUPERVISORS CJT;i A COSTA CO. By_-__ ((11 - TO: Board of Supervisors DATE: Novembe , FROM: Anthony A. Dehaes SUBJECT: Lafayette Morehouse Property, Director of Plann' Purson Lane, Lafayette, Calif. Introduction The property known as the Lafayette Morehouse property involves five separate adjoining parcels of land, located in a single family residential zoning district. Four of the parcels have residential structures, orig- inally used as single family residences. The fifth.parcel was vacant at the time it was acquired by the Lafayette Morehouse group and now contains several structures that will be described in this report. Background In early 1976, there were complaints filed by neighbors regarding alleged violations on the subject property which resulted in an investigation on May 12, 1976. The investigation revealed three residences the fourth residence has been-acquired since that time) were being occupied in vio- lation of the single family residential zoning. There were four and five families occupying each residence with a total of 41 permanent residents with an undisclosed number of temporary residents. It was determined that this occupancy and the occupancy of two mobile homes on the property were violations of the Ordinance Code. A notice of these violations was sent to Lafayette Ibrehouse with a given time to clear the violations. They responded by claiming that the use was a private school and filed an application for land use permit 2180-76 to establish a private school. The land use permit application was heard and denied by the Planning Com- mission. This decision was appealed to the Board of Supervisors. The Board denied the appeal on June 21, 1977. Existing Status On November 2, 1977 a joint inspection of the Morehouse property was made by members of the Contra Costa County Consolidated Fire District. Build- ing Inspection Department, Health Department and the Planning Department. Although this was a cursory-type inspection, where every building code or fire code violation was not listed or even looked for, there were sub- stantial obvious violations of the Health, Building, Fire and Zoning codes. A brief summary of the violations is as follows: n (� Microfilmad vAth board order Board of Supervisors -2- November 28, 1977 1503 Purson Lane: A single family residence is being occupied by more than one family, reportedly, nine people. There have been interior alterations without permits. 1507 Purson Lane: The original two-story house has had a third story and other additions and alterations without building permits or approval of a zoning variance. Violations of both building and fire codes were noted. An example were the two deck additions over the existing roof. The decks were built with improper distance or clearance from fireplace chimneys. The fire department inspectors stated that further inspection might require that this building be condemned for occupancy. In addition, an accessory structure has been built and additions or alterations being made to a detached garage without the benefit of permits. This residential- structure is also occupied by more than one family, reportedly, 12 persons are permanent residents. 1484 Parson Lane: This property has been acquired since our initial investigation. There is a one-story residence with a detached accessory structure that is being used for storage. There have been alterations and additions to the residence without permits, and it too is occupied by more than one family, 16 persons. It also has a 12-car parking lot. 1500 Purson 'Lane: The single family residence on this property has been converted to a nursery school without a land use permit or clearance by the other reviewing agencies. There are five accessory structures on this parcel that have been established without any permits; they are as follows: Cl) A shower room and laundry building; (2) An art studio, possibly within the required side yard area; (3) A small vacant structure that is proposed for use as a store of an undisclosed type; (4) A small one-story structure used as a liquor bar and snack bar. There were code violations noted by all in- specting agencies on this structure and use. (5) A two-story structure with a deck on the roof. The second story is a combination classroom and recreation room and the lower floor is storage. This structure overlooks the recreation area on the adjoining parcel. Improper construction and electrical wiring were obvious on these five accessory structures. The electrical wiring in some cases was considered as being hazardous. Board of Supervisors -3 November 28, 1977 Fifth Parcel: This parcel was vacant at the time it was acquired by Lafayette %rehouse. Since that time, the followdng have been established without benefit of permits: Six tent-type cabins (wooden sides and floors with wooden supports for a canvas roof). Four of these are complete or near completion and two are under construction). There is a double tennis court, swimming pool and an earthen dam also on the property. In the southeast corner an area has been established as a dump site con- taining junk cars, construction materials, used appliances and miscellaneous debris. A covered boxing ring has been constructed and is located in what appears to be Huston Road right-of-way. The location was not precisely located. There has been no permit issued for this structure either. At the entrance to the property, in front of 1507 Purson Lane, there is a sign that reads 'Wre University - AD 1968". We were informed there are normally SS permanent residents with a varied number of students. Conclusion: Violations cf the various local and State codes are numerous, and although detailed inspections by the Fire District and Building Inspection have not yet been made, both agencies noted hazardous conditions that threaten the safety of the occupants of the various structures. Residents on the adjoining property are concerned with the violations as expressed in the letter from Skyway Subdivision residents to Supervisor Schroder, dated November 2, 1977. This letter also contained a petition with 156 signatures supporting the letter.. 'Recommendation: It i.s recommended that the Board of Supervisors authorize County Counsel to proceed with injunctive action and direct that involved County Depart- ments and staffs provide required assistance. AAD:gg cc: File S406 - County Counsel - County Administrator - Sup. Schroder enc. : Copies of the following: Letter dated November 2, 1977 from residents of Skywest Subdivision _ Letter dated November 18, 1977 from Contra Costa County Cons. Fire Dist. Memo dated November 21, 1977 from Contra Costa County Health Dept. Plot map of subject properties. HEALTH DEIIA]ZrMENT Contra Costa County TO: Anthony Dehaesus DATE: November 21, 1977 Director of Planning ATTN: ' R. Cook Senior Zoning Investigator 'S A/& SUBJECT: Lafayette Morehouse FROM: Brydone-Jack, Sr. Sanitarian 1503 Purson Ln. , Lafayette Pleasant Hill Env. Health Owner - More Family, 1500 Purson Ln. Properties in- cluded are 1484, 1500, 1503, 1507 & 1511 Purson Ln. , Lafayette A follow-up - inspection of the above properties was made by J. Rothe, Health Department Plans Checker and myself on 11-16-77 at 11 A.M. with Alex Van Sinderen, President Lafayette Morehouse. The following items were noted: 1. 1500 Purson Ln. Nursery - Abandoned refrigerator was removed.. The swimming pool will not be used presently. Mr. Van Sinderen will call the Health Department for inspection before use and remodeling. 2. 1503 Purson In. - Rubbish and tree trimmings present. 3. 1507 Purson Ln. - Rubbish and litter present. 4. Salvage yard - 1/3 of rubbish and lumber removed. 5. Art Building - RubbiS;h and lumber. 6. Main swimming pool - inspected by J. R:wthe and he will send list of violations to Lafayette Morehouse. 7. Snack Bar - Plans to be submitted to Health Department before any other work done. 8. Bath House - Snack bar, rest room - plans to be submitted to Health Department before any further building is done. 9. A field check was not made of 1511 Purson Ln. since this is not owned by More Family presently. Mr. Van Sinderen agrees to abate the above salvage yard and progress inspection will be made of the entire property on 11-30-77 at 11 A.M. EB:lc cc: Ted Gerow, Martinez Environmental Health Lafayette Morehouse, 1503 Purson Ln. , Lafayette Building Department -Litter Control Officer County Counsel CCC Fire Department, 2010 Geary Rd. , P. Hill 64 •J CONTRA COSTA COUNTY`) CONSOLIDATED FIRE DISTRICT 2010 GEARY ROAD PLEASANT HILL, CA. 94J23 t �' ut•1" TELEPHONE (413) 939-3400 BUREAU OF FIRE PREVENTION • ry November 181 1977 ' Co Mr. Robert Cook Planning Tech. III = -Z 0 Contra Costa'County Manning Department P. 0. Box 951 Martinez, CA' 94553. Subject: "More University" or Lafayette Morehouse Purson Lane, Lafayette Dear Bob: This is in reference to our discussion at the County Counsel's Office on November 14, 1977, regarding the subject premises. It is our understanding that a report from us describing hazardous con- ditions relative to fire and life safety would be of Assistance to your Department when filing for injunctive action against the facility. I do not feel that the copy of my memorandum describing the findings of our November 2, inspection. tour is adequate for that purpose, since it was very general in nature. Therefore, this is to advise you that we will submit a more appropriate report after we complete a thorough survey of the premises to determine compliance with Ordinance 77/87 (Uniform Fire Code) and pertinent fire and life safety provisions of the Uniform Building Code. We will view the premises as being zoned for single-family dwelling use during our survey. Hopefully, the report will be submitted to you by December 2, 1977. Very truly yours, Robert E. .Rhoades Assistant Chief RER:j di cc: Peter Lucey, Deputy County Counsel November 21-d 1977 , 1 Supervisor Robert I . Schroder 3338 I-It. Diablo Blvd, Lafayette, Ca. 94549 _ 5 Dear Mr. Schroder: The purpose of this letter is to advise you of the concern that we, as residents of Skyt:,est, have in. regard to the Morehouse issue. As you know, their property abuts our planned unit development. Their application for a use permit as a school was recently turned down and many of our residents participated in the public hearing for this application. We strongly support the action taken by the Planning Commis- sion and the Board of Supervisors. A recent article in 'the Contra Costa Times indicated that the Morehouse owners and operators of the existing commune intend to re-apply. This prompted us to investigate the existing operation: 1 . They are operating as a school . The current single family zoning on the property only allows a school to operate under a use permit with appro- priate conditions. A permit has never been granted. 2. No building permits) has been issued for the recent construction on Morehouse property. Any remodeling or new construction requires issuance of a building permit and construction must be in accordance with all� ap- plicable building codes. Inspection by the County Building Department is part of this process. 3. The Board of Supervisors has the final authority and responsibility to cor-. rect this type of situation. As our newly elected Supervisor--vie request that you investigate these conditions. Perhaps an inspection of the property and the situation by the appropriate . agencies should be made. We would hope that legal action will be taken through. the District Attorney's office to stop this illegal operation. Enclosed for your reference is a copy of our Skywest Newsletter, which was dis- tributed to all members of our Association, - Your earlist attention to this matter will be greatly appreciated. We would like to distribute the written results of your investigation to our residents:- Thank you. Very truly yours, Signed: per petition attached SKYWEST RESIDENTS 1888 Holland Drive encl: original petition Walnut Creek, Ca. 94596 c.c. Senator John A. Nejedly c.c. Assemblyman Daniel E.Boatwr1 ht c.c. C.C.C. Planning Commision c.c. Contra Costa Times c.c. Lafayette Sun c.c. Oakland Tribune . t NEWSLETTER j 1tlHA HGI.I,�IrI) PiIVi:'•� � W'I.NII'r:C'IF,F.K, CA. , PHON!{. 9?''-�?61 s. 1 - -- < ' VOUR.,x, vI: 11 THANKSGIVING . 1i0VL?cBTs'R, 1977 STOP . ?Pl 1LLLGAL W L�HATIOtI . ;. •..,j��,. , Less rhetoric and more action. The following are the facts of, :' ! the I.;orci.ouse izsue. j 1. They are ol-crating number one as a school. The current single ramily coning; on the property only allows a school to operate. ander a use permit with appropriate . conditions. L use Lermit has never been granted. 2. buy re—modclini- or nevi construction requires issuance or a building* permit. Now con;truction must be in ;accordance with all appropriate building codes. Inspect ion by the County Building Department are Fart of this process. Ua buildinr permit has been issued for the recent construction that has taken place on the Lore—• house property. 3. The Doar'd or Supervisers huo the rinal.authority and responsibility to correct this type of situution.• Our elected Supervisor Robert Schroeder should be made aware. or this situation and be advised of our feelings. As.a supprstipn a statement of fact in regard to the Clore— house situation and a signed petition could be prepared . and rorwurded to him by registered mail as soon as-pos sable. Another suggestion is sending a copy of that t petition to the Contra Costa Times --Attention Editorial, . section. 4. :fie should request that I-x. Schroeder investigate this r oituatlon. Ask for an inspection on the property by the , appropriate utencicsr and sug;^est that appropriate legal .!, action be taken through the District Attorneys.office .• •, • to stop this: illegal operation. The above facts have been verified with the county Planning Depart— ment and Buildin►t Departmunt. This is not it question o: life—style, but rather a question of violation of building code:.and '.ronin[ ordinances. To exl edi t, tni n l otter to ,:.r. :.chroeder I will be hupt y to draft uh a letter in our behalf. 1-lcasc call me is this is agreeable to you. C.a1: f•;:sry lou Iuutsen — (35=1526 00 338 c� out qw tj r lk \ y Aw, ' h �,� � \ •3- _tea--=s�16'r�•�w�•_ � �� � �•' ,.�,.� +1� ' ••ty. .. .� -, \ •\ • / ... � t "gyp-. ��i. • K�� •i V � ". •' •' cl -�-..� :,`t--•� -� � /� `; ` ,� `_ �'. ` of �r v v � �; \ i1 ! b it IC 47 `[�' O .�•3w��Q'3.5► � i 'r, ..�1"' ~� ,�,�{p'r` O v ,1t1. 'ex Sia v / ,' ••• �• ��. r. A� ,� 'a *�� l7 k��t� • wL s 7.�°.� '� .T� � L' Ute' � t~`•`«=j iS r� �)]��, C« .. , A. .. r"�\1��Y}?,O'��`� +~� ���� �7Tt 'e^T •nC lid` ,�.•� ti J • UMl t ~� _V \\'!j�� wi` <� !� `.i �;�,r • �' �rS • ''4 - " ' • ' NJ p0 � � h We, the undersiened, fully agreo with the contents of tho • attached letter to Supervisor Schroder dated 11/2/77 referring :=f to !Morehouse, and we urge immediate action. be taken within 30 days. ; + Address ' . hone number• Resident 3 .name E • t � - :� 7•y 7 //�Vic«�Y/C. . C�.�C %;l'_y z�'.•� i f tr+ALL�,/� t 1 `�' ���y� /. ' IIi�%L� `• ^' � � .•� ' f+j•„ 1 rj\,Yr/ � ;yt, r %7:� _� ,��'L/./�,''?'s�(if/; '_ ' Ly i ''� rC. 'J) • '- r ,�• '• � f t j ".I '"�;,, /,1 •' � ! a"rte, 41, 117 t,`' f ! 11-• r�) 1 , ~Ill,f�!/.)Y:f t-• t• t;A.. 1 (,•F � t'A t,'!) C- iy— , / i'� r`I ..•'�.'•'! i <� ';,rte .`!;� I�•'! - �� . � r We, the undersigned, fully agree with the contents of'the attached letter to Supervisor Schroder dated 11/2/77 referring to hiorehouse, . and we urge immediate action- be taken within 30 days. : ' . Resident's Name Address Phone Number CO- 1. � ��/ "j � /INwr�/✓ !! 1d / 75 7 Cs1c. ,. .� -�, --fir � � �- /?,�.:,L.«�1�- •���• .�� :�3 � �`<�l�j (')l1A9/,'4IY.. Mo! :n•• .01.141 �JCjlgf v - ti ' We, the undersigned, fully agree with the contents of the attatched Letter to Supervisor Schroder dated November 2, 1977, referring !z: - to Morehouse, and vie urge immediate action be taken within thirty tr.- (30) days.. . . RESIDL'I3TS NAME ADDRESS TELEPHONE 27) c�- ;. G' /Rob zv -K Ir 1777 t �i...J rk.e G�''' J r `._._ t. +, cam_.,-...� �.%ti.1..: .J '�"'•4-'� �'� 1 � ,��� �jiC'4 t.�..{t��'''� .1�. 1�1' ��: y� ( :';:'�,.ii�'c.`•r—. j•�I;�, 1 ;� j`•-- •.f-:;r�;_ 00289 November 3,•1977 -•'' - TO: Contra Costa County Board of Supervisors LL" We, the undersigned, fully agree with the contents of the attached letter to Supervisor s ; Schroeder referring to Morehouse, dated November 2, 1977, and we urge appropriate action be taken within 30 days. Resident of SKYWEST Address ' ' Phone -17 /'i�•`t.K.�.�...V. /V'�••-�taLl,•t./ / ��� �( f�-1{._l��/-c•�c�- LL,�ti.l `! �7 I'• •� ,� -�Cl�_ er JoU �L�� � .oto •.>C� C -': 00290 �Iovembet '1977 Ilk TO:.Contra "COs.tQ'000nty�Board Of Supervisors ,S C r •r ' r[` ` '` We; the,undersigned, fully agree with the contents of the attadhed letter.to:Sup.eryjsor Schroeder referring to Morehouse, doffed November 2, .1977, and we urge �approptiore betaken within-30-8ors. /r • ::: ,i ..4. ., i1�1{ 4l1 � M. 1� { 717 Resident of SWEST Address X3'7- Phone KYy e•. r..:, ri V � /79e/ &Rat..[.: �4 U1,e.rf a13 Y-:s.ya�': ~1 �'' '/ y t ��j_,.r�-�u�1�f'Ul'1�C��t,�/(��c�� �lt f'In-t17« e/l> �., fti• ,.C J �";,/ �� �.� -62 • �, tt L,_..Z•t.'l' �'[-.:;t...C 47c'., lc` .1-z'� � �� (1 •:1'��r/ •�• c:.f-tom.Rte'-t ` .�' jQ' , 7f�.j.Yf, ` , - t , `7�..t.4L•t •��.lt •�'• � ••` ••!•./ r•1' i��, } L� •t,j !- s 11:,,j! A lop 01- :i 1. • ° 91 �Iovembet '1977 Ilk TO:.Contra "COs.tQ'000nty�Board Of Supervisors ,S C r •r ' r[` ` '` We; the,undersigned, fully agree with the contents of the attadhed letter.to:Sup.eryjsor Schroeder referring to Morehouse, doffed November 2, .1977, and we urge �approptiore betaken within-30-8ors. /r • ::: ,i ..4. ., i1�1{ 4l1 � M. 1� { 717 Resident of SWEST Address X3'7- Phone KYy e•. r..:, ri V � /79e/ &Rat..[.: �4 U1,e.rf a13 Y-:s.ya�': ~1 �'' '/ y t ��j_,.r�-�u�1�f'Ul'1�C��t,�/(��c�� �lt f'In-t17« e/l> �., fti• ,.C J �";,/ �� �.� -62 • �, tt L,_..Z•t.'l' �'[-.:;t...C 47c'., lc` .1-z'� � �� (1 •:1'��r/ •�• c:.f-tom.Rte'-t ` .�' jQ' , 7f�.j.Yf, ` , - t , `7�..t.4L•t •��.lt •�'• � ••` ••!•./ r•1' i��, } L� •t,j !- s 11:,,j! A lop 01- :i 1. • ° 91 ` November 3 _.1977 . f7 � TO: Contra .Costa County Board of Supervisors Ft•`„�'f' +_ ' We;•the undersigned, fully agree with the contents of the•attached,letter to Supervisor , -.Schroeder-referring to,Morehouse, dated November 2,'1977,"and'we urge''oppropriate"action _ - be taken within 301 days. a, �' f Resident of SKYWEST4: Addreu Phone. •}' ' t,��~, } } , 1'M1t' ^, a •: r t ,'-•��� ,Cf 'C.�- ,`Jy'-C�sz c.�t �tS� rlQ��ct'��, `��\1 ri ' �>��=`/ l� ,Let �• k-d 73P.- 'o r P• / It /f.• -ii• �r/ - s c i r rr �101 c _ ILZ t t 5 ,11�! t S fl tt"r' ,'•.. ,Y 1 e •�. �'ti: ` (jj � � U� � � i , i; .�.� ,,f._,,.' ..•, s �, ,,r,,��1ov��ll�at3 1977 :� ttii Wit' 1 , :,..:•.1- +t- ••�! c-.• / t! •. • j; �•.t . ; ,,�. 'r��e 1 .• .,�`�.••,• ,�/ ..i .+ { g r d 0 t S u ° to e�upecvicot o def tit count he atio4e an TOi C o n t K a C o ti t n ,.with the contents of !i .� a aPProptt°te action - , gned� fatty agree b 2 1977r and we urge dc,si er t t... f •� Vete. jibe un �ouse� doted Nova L; e4esryn9 to Mosel grana be taken vt►thzn dgys t ! �d�dre :t,r! � D i. q �-7 Resident of SKYtNEST-, . .' • c 31 1 'j 3�$ 3. v✓� � j�,, 6 •. t. i r .. i4ovember 3, 1977 i �•.t TO: Contra Costa County Board of Supervisors 2. We, the undersigned, fully agree with the contents of the attached letter to Supervisor Schroeder referring to Morehouse, dated November 2, 1977i and we urge appropriate actoan be taken within 30 days. Resident of SKYWEST Address Phone 2-2 17 r O� -�i-23 " Wo, tho undornigned, fully aGreo with tho contonts of tho attachedletter to Supervisor 'Schrodcr dated 11/2/77 referring; to Morehouse, and wo urge immediate- -action be taken within 30 .days. f Resident' s Name Address `: phone number {C�ti)��r 1701 / .� /�c'�'n•�.a �� j.�.� - ids�Y�� .:� • /.�,�,�� / 7,3 PS ) J (-� 17-9v f -� ��-• �fit, 'l�� � 7� � X37. 75,17 4e e,i f-; I 00 $96 Ido, the undersiGmedy fully at;roc with the contents of the i attached letter to Supervi--or Schroder dated 11/2/77 referring to Morehouse, and we urge immediate action be taken within 30 days. i Residentfs Name Address _ phone number .� J y�.�• �� / (!C,-yM�' 1'�/�.�� /Jf3�L! f • '.�/�•il�i� \.�/(a�. •.. / "C' Cam/�j 4L ,. F7 6 j 117 C4 WO I •++ )'1 Q�[Elm O` C'� ! (`) 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 December 6 , 1977 In the Matter of - Approval of Amendment to Consultant Services Agreement with Environmental Science Associates, Inc. , Pine Creek Detention Basin Study, Work Order 8286- 7520, Flood Control Zone 3B 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 an Amendment to the Consultant Services Agreement with Environmental Science Associates, Inc. of Foster City, California for preparation of an Environmental Impact Report for the Pine Creek Detention Basin Study is approved, and the Public Works Director is authorized to execute said Amendment. This Amendment expands the scope of services to provide an environmental assessment of additional disposal sites for the excess excavation material from the proposed flood control detention basin and updates the schedule of prices and wages. The payment limit for the amended Agreement is $10,942.00 which may not be exceeded without prior approval of the Public Works Director. PASSED by the Board on December 6, 1977. 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. Originator: Public Works Department, Witness my hand and the Seal of the Board of Flood Control Planning Supervisors and Design affixed this 6thday of_ December 19 cc: Public Works Director County Counsel County Administrator J. R. OLSSON, Clerk Auditor-Controller �, Environmental Science Associates B(yvia • D u Clerk 1291 East Hillsdale Blvd. N. Pous Foster City, CA 94404 H-2d3/7615m Public Works Department Cwtra A.D,Broatch Deputy.8usiness and Servim 14151372-2105 5th Floor,Administration Building eta Mark L.Kermit v'&Iartinei,California 94553 Deputy-Transportation 1115)372-2102 (415)372-2102 Ill,U.Ryph Vernon L.Cline RDepaty-OuRdcorn I IS.n and Public Works flinctor uxrw (415)372-2214 J.E.Taylor J.Michael watford Deputy-Operations &Flood Control Chief Deputy 255 Glacier Drive (415)372-4470 Our File: 030-05-07 Environmental Science Associates, Inc. 1291 East Hillsdale Boulevard Foster City, CA 94404 Gentlemen: The Amended Agreement for the preparation of an environmental impact -report for the Pine .Creek Detention Basin Study has been approved. You are authorized to proceed with the..work as defined in your attached proposal and within the terms of the Agreement as amended. We have attached a copy of your proposal, insurance certificate, revised price and rate schedule, and our authorizing Board. Order for your records. Please note that your billing should make rerzrence to Work Order No. 8280. Very t my yours, Off• Vernon L. Clingy Public Works Director VLC:Jit:wf Attachments cc: John Clausen, County Counsel -Arthur G. Will, County Administrator Donald Bouchet, Acting Auditor-Control/ir Geraldine Russell, Clerk of the Board 0 39, 9 Microfilmed with board order Environmental Science Associates, Inc. 1291 E.Hillsdale Boulevard Foster City, Califomia 94404 415/573-8500 December 1, 1977 Contra Costa County Public Yorks Department 255 Glacier Drive - Martinez, California 94553 Attn: Joseph Murphy, Senior Civil Engineer Dear Mr. Murphy: Environmental Science Associates is pleased to submit the following proposed amendment to the present Contra Costa County-Environmental Science Associates contract for preparation of the EIR on the proposed Pine Creek Detention Basin. This amendment covers work necessary to' revise the preliminary Draft Environmental Impact Report (transmitted to your office by letter dated July 22, 1977) -recognizing the County's decision to consider another spoils disposal site. The tasks to be completed under the proposed amendment were established in a November 22 , 1977 meeting which included the following attendees: Dr. Carnahan, Mr. Wright, Mr. Murphy and Mr. Jonas. In brief, the tasks include: 1) Conduct archaeological and ecological field investigations of the proposed alternate site. 2) Identify and quantifywhere possible any bene- ficial and adverse impacts that would be asso- ciated with use of the alternate site. 3) Revise the existing Draft EIR to include a description of the alternate site, results of field investigations , discussions of discovered impacts , and measures to mitigate adverse impacts. - 4) Provide the Public Works Department with a reproducible, master copy of the revised report. Microfilmed with board order. 1390 Market Street San Francisco.California 94102 415/552-4775 8725 Venice Boulevard los Angeles.California 90034 213/838-2221 00400 Mr. Joseph Murphy December. l, 1977 Page Two 5) Include a discussion of four "possible" disposal sites in the revised EIR. All material for this inclusion is to be provided by the County. Environmental Science Associates proposes to carry out the described tasks on a time-and-materials basis, for a price not exceeding $3,942. This price is based on the following tentative estimates (fully-burdened) of required labor and material expenditures : Direct Labor Supervisory Associate 1596 Associates 1275 Technician 460 Production Associate 240 3Y71 Subcontractors Archaeological 221 Materials Expenditures Materials An applicable rate schedule is attached. We estimate that four and one-half weeks will be required to complete the necessary revisions after authority to proceed is received. Thus, if ESA initiated work on December 6, 1977, it would be our intention to submit a preliminary Draft EIR, for County review, on January 6, 1977. We trust that the preceding is acceptable to the County and look forward to your response. Very truly yours, Paul E. Zigman President PEZ/j is Encl: as noted n c: P77E7 0040 1 PEZ/ESA Chiono Environmental Science Associates, ins Woodruff-Sawyer & Co. INSURANCE BROKERS - 220 BUSH STREET SAN FRANCISCO. CALIFORNIA 94104 • (415) 391-21A) December 1, 1977 Contra Costa County Flood Control b Water Conservation District 255 Glacier Dr. Martinez, CA. 94553 Attn: Joseph. Imrphy Senior Civil Engineer RE: .Assured: Eu, j—A a wscu-Lai Science Assocciates,inc. Company: Aetna Casualty & Surety Company Policy No«:Binders 488, 4883 and Policy OSCK800310CPA Property:Pkg:8529-2520-77 Pine Creek Revision Gentlemen: certificate The enclosed policy provides coverage on.the above captioned property. This policy has been properly endorsed to show Loss Payable to your institution. Very truly yours, WOOD SAWYER & CO. B : Gwen LeRoy Enc. -cc: Environmental Science Associaies,Zne. • 00402 Microfilmed with baord Order. IY1v o V V—I J, '.i.�U�L l 1�1� 1� ✓L CL :Al U Ie INSURANCE BROKERS • 220 9JSH STREET✓ • SAN FRANCISCO.CA 9310: CERTIFICATE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER_ THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. Name and Address of Insured Name and Address of Certificate Holder Environmental Science Associates,Inc. CONTRA COSTA COUNTY FLOOD CONTROL & 1291 E. Hillsdale Blvd. WATER CONSERVATION DISTRICT City, CA. 94404 255 Glacier Drive Martinez, CA. 94553 Attn-Joseph Murvh� Sen.Civi� This is to certify that policies of insurance listed below have been issued to the insurednamed above and are In orce at ml trme. TYPE OF INSURANCE COMPANY AND POLICY NUMBER POLICY EACH I EXPIRATION DATE OCCURRENCE AGGREGATE GENERAL LIABILITY Aetna Casualty Surety 12/4/78 Comorenensive Form x Binder 4881 Bodily Injury $ 500,000 s 500,000 Premises-Operations 500 000 Property Damage S , 5 Explosion and Collapse hazard Underground Hazard Bodily In• ry and Products/Completed X roperryamage S 5 Oaerations Hazard Combined Contractual Insurance Broad Form Property Dama^e Independent Con:rarcr x *Applies to Products/Completed Operations Hazard f 500?000. Personal Injury (t4 Persona Injury) AUTOMOBILE LIABILITY f Bodily Injury S (each persona Comprehensive Form _ Bodily Injury S -"-"""""""•""""" leach occurrence) Owned .,. Pronery Damaoe c Hirec Podily lnL ry and ropertamage S 500,000. Non•Owned ComSinedy EXCESS LIABILITY gg Umbrella Form x Aetna Casualty S , Property�'mag S S Surety Binder 4883 12/4/78 Combined 1,000,000. 10,000. Other Tnan Umbrella Ratentic Form WORKERS'COMPENSATION Aetna Casualty & Surety Statutory CA. EMPLOYERS'LIABILITY x 05CK800310CPA 1/1/78 S 100 000, (Each Accident) OTHER Des-ription of Operations/Locations/Vehicles JOB:Agreement to furnish professional services to Contra Costa County for Pk g. for Pine Creek Revision. It is agreed that Contra Costa County and their officers and e=loyees are named as additional insureds but with resepcts to the above mentioned job only. No cancellation or major change in coverage shall occur or become effective until 10 da- after receipt of notice by Contra Costa County Flood Control & Water. Conservation District with regar" to workers compensation insurance and 30 days after receipt of notice by Contra Costa Cour Flood Control Q Water Conservation District with regards to public liability. 004«3 Canceliations: Should any of the above described policies be cancelled before the exviration date thereof,the issuing company will mail days written notice to:he named certificate holder.but failure to mill such notice shall impose no obligation or liability of any ind upon the coma y. Date Issued noCe, 1,or l 1077 �i - Miuofilmed with board Order .Lu n;ea nearesantprawe / J f t APPLICABLE ESA RATE SCHEDULE REVISION/UPDATING OF DRAFT ENVIRONMENTAL IMPACT REPORT ON PROPOSED PINE CREEK DETENTION BASIN Labor (Fully Burdened) Supervisory Associate $268/day 33.50/hr. Senior Associate 249/day 31.12/hr. Associates 152/day 19.00/hr. Junior Associate 120/day 15.00/hr. Technician 117/day 14.62/hr. Production Associate 122/day 15.25/hr. External Services and Materials 1260 of cost Report graphics, document reproduction, specialist participation, expendable materials 00404. . N = - -0g-v t.5ED APPaM D I X i Foe cu,&e.cqr� Ar-TEe i7-A1- Microfilmed with board order Environmental Science Associates, On. ¢j In the Board of Supervisors of Contra Costa County, State of California December 6 , 19 77 In the Matter of Completion of Private Improvements in Minor Subdivision 18-77, Orinda Area. The Director of Building Inspection having notified this Board of the completion of private improvements in Minor Subdivision 18-77, Orinda area, as provided in the agreement with Great Western Savings & Loan Association, c% Century Homes Development Company, 2076 tot. Diablo Blvd. Walnut Creek, Ca, approved by this Board on June 28, 1977; IT IS BY THIS BOARD ORDEMED that the private improvements in said minor subdivision are hereby ACCEPTED as complete. IT IS BY THE BOARD FURTHER ORDERED that Surety Bond No. 9079796 issued by Fidelity and Deposit Company of Maryland is hereby EXONERATED. PASSED by the Board on December 6, 1977. 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: Great Western Savings & Loan Assoc. Supervisors Building Inspection (2) affixed the 6th day of December 19 77 J. R. OLSSON, Clerk B P ' . Do" clerk, Patricia A. Bel 004 05 H-24 4/77 15m In the Board of Supervisors of Contra Costa County, State of California December 6 , 19 77 In the Matter of Progress Report of the Finance Committee with Respect to Social Security Program for County Employees. The Board on June 28, 1977 having referred to the Finance Committee (Supervisors R. I. Schroder and J. P. Kenny) a petition signed by approximately 800 county employees requesting that a study be made to determine if the present Social Security program is in the best interest of the employees and the County and, if not, to develop an improved alternative program through the county retirement system; and The Committee having this day submitted a progress report on the aforesaid proposal advising that it had discussed this referral at several meetings and reviewed a background report (dated November 30, 1977) compiled by the -Personnel Director, and having suggested that the Board hold a workshop session on this subject after it has reviewed the Personnel Director's report; IT IS BY THE BOARD ORDERED that the aforesaid progress report is APPROVED. PASSED by the Board on December 6, 1977. I hereby certify that the foregoing is o true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. ccs Finance Committee Witness my hand and the Seal of the Board of Retirement Administrator Supervisors County Counsel affixed this 6th day of ne _ mb r 19J Director of Personnel County Administrator / I J. R. OLSSON, Clerk By�/O� d7 i°1t224[?"� . Deputy Clerk Jamie L. Johnson 00406 H-24 4/77 15m The Board of Supervisors Contra Count °w°" unq dark and Costa �Of<kro Clark of 1110 Board County Administration Building Mrs.Goraikow Ruseva P.O.Box 911 C � Chief Clark Cour #y California 94553 (415)372-2371 Jamas P.Kenny-Richmond 1st District Nang C.Fandan-Martinez RECEIVED 2nd District Robes I.Schroder-Lafayette 3rd District Warren N.Bo"ase-Concord Q F 1-i G 1577 4th District Eric N.Nas"Une-Pittsburg December 6, 1977 J. R. OLSSON 5th District CLE EISOMPF SU/ERVt50R5 Os PROGRESS REPORT OF FINANCE COMMITTEE ON PROPOSAL FOR STUDY OF SOCIAL SECURITY—RETIREMENT PROGRAM On June 28, 1977 the Board referred to the Finance Committee a letter to the Board submitted by several employees transmitting petitions signed by approximately 800 county employees requesting that a study be made to determine if the present social security program is in the best interests of employees and the County and, if not, to develop an improved alternative program through the county retirement system. The Committee has discussed this referral at several meetings and went into the subject in some depth on December 5, 1977 with the Retirement Administrator., Personnal Director, County Administrator and employee represent- atives who submitted the letter initially on June 28, 1977. The Committee reviewed a background report dated November 30, 1977 compiled by the Personnel Director and concluded that this report should be reviewed by the full Board before the Committee makes its recommendations on this subject. This report indicates that the gross cost of retirement and social security - taking into account both employee and employer contributions - is in the vicinity of 30 percent of payroll, and that service retirement and disability retirement benefits may equal or exceed final compensation in a number of cases because of the combination of social security and county retirement benefits. The Committee feels that a Board of Supervisors' workshop session on this subject may be desirable after the full Board has reviewed the Personnel Director's report, and before a decision is made on the scope, nature and objectives of any consulting study of the social security-retirement program. R. I.4,zrT.T R J. P. IKENNY Supervisor, District III Supervisor, 'strict I 11��`�t0 n AI j icro�ilm�d With 15001-3 cr3 w Contra Costa CIVIL SERVICE DEPARTMENT C ointy administration Building Martinez, Californ is Date: November 30, 1977 TO: Finance Committee FROM: Arthur G. Will , County Administrator By: Charles J. Leonard, Director of Personnel SUBJECT: Background Report - Social Security - Retiremen , on iderations At the present time there are several bills in the Congress which would have the effect of significantly increasing the employee and employer contributions to the Social Security System. This fact plus the public awareness of the growing costs of public retirement systems, including the eroding effects of inflation, have been the subject of a number of newspaper reports during the past several weeks. Additionally, Contra Costa County employees have become concerned over the costs of the combined social security - County plan. With this as background, I believe it is important to advise the Finance Com- mittee that the Contra Costa County Retirement System is financially sound and because of conservative practices will remain sound into the foreseeable future. This is not to discount the fact that the present combined County Retirement Plan and Social Security results in a system of benefits which should be reviewed to see if we are not approaching the point where it is becoming impractical to maintain both the high level of benefits and continuing growth in costs. That is essentially the background upon which this preliminary report is being framed. The attached report provides you with a general overview of the benefits and costs of Social Security and the County Retirement Plan. After reviewing the report I believe you will find identified four options: 1. Maintain two current programs as they are presently constituted. 2. Drop Social Security coverage. 3. Modify the current County Retirement Plan for all new employees by reducing benefits and costs. 4. Fully integrate the County Retirement Plan with Social Security, eliminating duplication of benefits for all new employees, with an option for present employees to either to stay in the current plan or enter the new plan. AK 53 00408 Microfilmed with board. ordear. Finance Committee Report November 30, 1977 Page 2 The main intent of the report is to be informative. With this in mind you will find enclosed a copy of a speech delivered to the Tulare County Employees Assoc. by Benjamin 0. Russell , County Retirement Administrator. Although there is some duplication, this speech compliments the report but from a somewhat different perspective. CJL:pr attachments 00409 Microfilmec! with board order l The purpose of this report is to provide you with some general background information on the current social security and, retirement programs, their costs and degree of compatibility. EiMPLOYEES COVERED All County employees employed in safety officer classifications are ineligible for social security coverage through their County employment. The majority of safety officers are safety members of the County retirement system, but there are a few safety officers who are general members of the County retirement system. Employees in non-safety officer classifications are general members of the County retirement system. In the late 1950's when social security coverage was initially extended to employees in non-safety officer positions, those employees were given the individual option of being excluded from social security coverage - although coverage became mandatory for all future non-safety officer employees. Therefore, the County has some general members of the retirement system who are not covered by social security, either by reason of their being incumbents of safety officer positions or because they were initially eligible to exercise their option to be excluded. All County employees, (including intermittent, limited term and part- time incumbents) have social security coverage but only permanent, project and CETA employees - hired before June 1, 1977 - who are scheduled to work 20 hours per week or more are members of the County retirement system. Our system also includes employees of other cities and districts, the majority of which provide their employees with social security coverage. SOCIAL SECURITY BENEFITS The social security program provides medical insurance, disability insurance, retirement income, and survivors benefits. It also contains three special features: payments are tax free; there is portability among all private employers and with those public agencies under social security; and payment levels are fully indexed to offset inflation as measured by the Consumers Price Index. Additionally, social security is the single major retirement system participated in by an overwhelming majority of American workers and voters. Medicare provides a basic level of medical and hospital insurance for people 65 and over. Supplementary private insurance is available to complement medicare, which is not totally comprehensive. (The adequacy of medicare coverage varies with the local costs of medical services). Employees covered by social security receive the hospital insurance (Part A) automatically, and may purchase the physician coverage (Part B) for which the current monthly premium is $7.70. Individuals not covered by social security but age 65 or older may purchase medicare insurance, at the current monthly premium of $61.70 for both hospital and physician coverage. Medicare also provides coverage if either an insured worker under 65 or a dependent member of the family has severe kidney disease and requires dialysis or a kidney transplant. Medicare coverage is also pro- vided to anyone who has been receiving social security disability payments for two years. 00410 _ 1 _ MiaoiiimaJ with board order The disability insurance provides payment for a disabled worker under age 65, with added amounts for eligible spouse and children. The test for disability is severe; in general an individual must be disabled from engaging in any sub- stantially gainful employment. Employees must have some social security work credits before being eligible for the disability coverage. The amount of work credits necessary varies with the age of the individual (from 1 years of credit in the last 3 years for a worker younger than 24, to five years of credit within the last ten years for a worker age 31 or older). Due to the income averaging formula utilized to calculate benefits, disability payments may be more favorable for a young disabled worker than an older one. Under the current schedule, a young disabled worker whose covered earnings were $1000 per month would receive a monthly disability payment of $516.10, or if married with one or more children - $903.10 per month. Retirement benefits are payable to a worker retiring at age 65 (a reduced payment is available if the worker retires at 62). Additional payments are made for a spouse and one or more additional dependents. The amount of payment is based on the workers average annual salary covered by the social security program. This average covered level determines the amount of allowance from a benefit table. Although higher paid employees receive a larger dollar payment, social security payments provide a greater income replacement ratio for the lower paid employees, as can be seen in the following example: Average Monthly Wage Primary Income Replacement Subject to Social Security Benefit Percentage $450 $319.80 71% 750 452.20 60% 1250 572.30 46% In the above example, if the retiring worker had a non-working spouse who was also age 65 or older, the total benefit and replacement ratio would be increased by 150%. In evaluating the above example, it should be kept in mind that payments are based on the average of wages covered by social security, and the last year of earnings should be higher than the average. It has been estimated that the replacement ratio as a percent of final years salary for low, medium and maximum social security wage earners is respectively, approximately 65°x, 45% and 30%. Social security payments being based on average covered salaries, maximum retirement benefits currently payable are affected by the program as it existed prior to the 1972 legislation, when the level of maximum earnings covered by social security was not directly tied to the cost of living index. Accordingly, on January 1 , 1977 the maximum average covered level of earnings for a male aged 65 was $7700 per year, which provided a primary monthly benefit of $412.70, $619.10 with spouse, or $722.30 with a wife and one or more dependent children. Nigher maximums were payable in disability and survivor cases. Maximum benefit levels should sharply increase as higher paid workers have a proportionately greater share of their earnings occur after 1972. In the case of a covered workers death at any age, social security provides income for spouses with young children in their care, for dependent children up to age 22, and for a disabled or elderly spouse. 00411 - 2 Microfilmed vrifh board order Supplementing the basic program are three features which make the program unique. There is almost complete portability of benefits since coverage is almost universal. Payments are tax free, a not inconsequential benefit which is of greater value to the higher paid employee. The tax free feature has the effect of raising the income replacement ratio when it is expressed as a percentage of net pay after taxes. Tne third major feature became effective with the 1972 program modification when the program was indexed to provide protection against inflation. Benefit payments are now tied to an open ended cost of living feature. Although difficult to value, a rough rule of thumb is that for each 1% of annual escalator guaranteed to retirees for life, about 10% is added to the total cost of a pension plan. For example, the total cost of a pension plan is increased by about 30% if the plan is to increase benefits by 3% each year of retirement. COUNTY RETIREMENT PLAN - GENERAL MEMBERS Membership in the Contra Costa County Retirement program is provided to all permanent and project employees (and those CETA employees hired before 6-1-77) who work a regularly scheduled work week of 20 hours or more. Retirement benefits are based upon final compensation, the highest average monthly salary for one year. Service retirement benefit levels are based on length of service and age at retirement. The level of benefit payments increases with both length of service and age at retirement. Below is an example of various income replace- ment percentages for a County employee with 20 years of service. Age at Retirement Years Income Replacement Retirement Formula* of Service Ratio 50 1.24% 20 = 24.8% 55 1.67`6 20 = 33.4% 60 2.18;6 20 = 43.6`6 65 2.61p 20 - 52.2% 70 2.61% 20 = 52.2% *Percentages are reduced by 1/3 on the first $350 of monthly salary for employees also covered by social security. Percentages represent the most prevelant option selected. Retirement is optional for general members at age 50 with ten years of service, at 65 regardless of length of service, or at any age with 30 years service. Service beyond age 65 earns increased length of service credits, but the retirement formula is frozen at the age 65 level . In cases of death after retirement, the surviving spouse (or unmarried minor/dependent children) receives 60`J of the employees retirement allowance. The County plan provides (if the member retired for service connected disability, the survivor allowance is 100% ) disability and survivors benefits for injury or death caused by either work connected or non-:•cork connected injury or death. In the case of non-work related injjry or death, the worker or survivor may only receive a refund of their contribition and interest earned unless the worker has five years of retirement service credit. 00412 2 3 - Wcrofiln?ed :riih bcoord order A disabled employee is one who is permanently unable to perform the duties of his/her specific job. If the disability is the result of a job connected injury, the disability retirement allowance is the higher of either (1 ) one half of final compensation or (2) the service retirement earned at time of disability. If the employee dies after a job connected disability retirement, the spouse (or unmarried/dependent children) receives 700% of the amount received by the member at death. The survivor benefit would be the same if the employee died as an active employee due to a service connected cause. If the disability is the result of a non-service connected injury, the employee must have five years of retirement credit to be eligible for a disability allowance. The allowance would be 1 .5% of final compensation for each year of service, or the service retirement earned at the time of disability, whichever is higher. If this formula produces less than 1/3 of final compensation, service is presumed to extend to age 65, which ordinarily results in a disability allowance of 1/3 of final compensation. The spouse's (or minor children) survivor benefit is 60% of the disability retirement allowance received by the disabled retiree. The survivors' benefit is the same (approximately 20°0 of the employees final compensation) when an active employee with five years of service dies from a nonservice connected cause. If the member dies from a service connected cause, the spouse's benefit is equal to the disabity benefit the member could have received if retired for disability. There is also a lump sum payoff option. The County retirement plan provides some inflationary protection to retired employees and those receiving survivor benefits. However, the maximum increase in benefit adjustments in any one year is limited to 3%. Employees who are members of the health plan at the time of their retirement may maintain their membership in the County medical group and receive a County subsidy. Dependent coverage is included, but survivors are not allowed to remain in the plan and must convert to individual membership. Retirement allowances usually are tax free until the funds contributed by the employee are exhausted, generally within the first three years after retirement. Although membership in our system is not portable, reciprocal arrangements with other agencies allow employees to transfer to many other public agencies in the State of California such that the retirement plans approximate a portable program. FUNDING Social security is funded equally by the employer and employee, for 1977 both will pay 5.855 of the first $16,500 of annual salary. This is scheduled to increase to 6.05`.•a of the first $17,700 of annual salary in 1978, increasing the maximum employee contribution by $105.60_ The method of funding can be characterized as a pay as you go income transfer system, as opposed to a funded system. Social security cont^-butions from the current work force are used to administer and pay )rr.efits to the current recipients. The trust funds are buffers whi(J; accumulate excess contributions 0041.3 - 4 - �;y;;:i,;u:,ui:c.. r.lil LVJ1G Gttili:L to offset short term deficits. Although a pay as you go system, social security rates reflect actuarial projections which among other factors are based on future estimates of fertility rates, inflation, unemployment rates, mortality and work force size. With the exception of the Medicare B program, general tax funds are not used to fund social security, although an argument can be made that the tax free status of benefits represents an indirect subsidy. Present actuarial projections estimate short range funding problems in the disability and medicare programs due to higher than projected rates of disability and medicare expenses. Severe long range funding problems are forecasted to appear around the year 2000 due to a "technical error" in the 1972 cost of living indexing formula, which has led to overindexing. If unchanged, projections are that the overindexing will lead to ever increasing ratios of replacement income, eventually producing old age benefits higher than preretirement earnings. Congress is presently seriously studying and reviewing the long and short range funding problems, correcting legislation is expected to be passed shortly. Beside correcting the overindexing (generally referred to as "decoupling") Congress is considering the use of general tax revenues, a significant increase in the level of earnings to be covered by the program, a requirement that mandatory coverage be extended to governmental employees, and breaking the current parity ratio between employer and employee contributions. The County retirement system is a funded system using an "implicit" actuarial methodology. Future inflation is not explicitly projected; the effects of inflation are calculated and met by those earnings that exceed the assumed rate of return. This use of a portion of the surplus account to offset inflation is a key distinction between our system and other systems which have tended to use their surplus solely to fund neer or existing benefits. On a constant dollar actuarial balance sheet, the last review of our system had an asset to liability ratio of 740. The results of a new actuarial review now in progress will report on whether the asset-to-liability ratio has changed appreciably. If the ratio has significantly fallen as a result of salary inflation not offset by earnings, the Retirement Board will have to seriously consider changing to an "explicit" set of actuarial assumptions, which would project and fund inflation in advance. Such a change could increase the funding requirements of our County system by 25-35%. For general members covered by social security, contribution rates to the County retirement plan are: County: First $350 monthly compensation 8.735% Compensation in excess of $350 monthly 12.015% Employee*: (varies by age of entry) 4.76`G to 9.550 of first $350 of monthly compensation 7.121" to 14.2515 of coripens ati on in excess of $350 per month * It should be noted that the County is presently paying a part of all employees contributions in accordance with current salary agreements. 00414 - 5 Microfilmed with board order Assuming no increase in the current retirement system rates, and no special social security legislation, then in 1978 the total cost for a Senior Clerk who is at top step on the salary range and who entered County service at age of 25 would be: Annual Salary $12,936. Employee Social Security Contribution $ 782.63 County Social Security Contribution 782.63 *Employee Retirement Contribution 909.32 *County Retirement Contribution 1416.50 $3891.08 or 30% of the annual salary. * Again ignoring the portion of the employees contribution being funded by the County for the duration of the current agreement with United Clerical Employees. The different percentage rates for income under and over $350 per month represents the partial integration between the County system and social security. At the time social security coverage was extended to County employees, the maximum level of annual earnings subject to social security coverage was $4200, or $350 per month. With the exception of this $350 level of integration, social security and retirement system coverage is not coordinated, and overlapping/duplicate benefits do exist. It is possible for the combined benefits of ct both programs to be greater than preretirement compensation. The retirement administrator has provided the following two examples: Member, age 65, 30 years service, retiring from service, January 1, 1977 with $1375 monthly final compensation: County Retirement $ 985.77 Social Security 412.70 Total $1398.47 Spouse Benefit $ 206.40 Total Family Benefit $1504.87 Male member age 30, 5 years of service, retiring January 1 , 1977 from a non-service connected disability with $1375 monthly final compensation: County Retirement $ 458.33 Social Security 558.30 Total $1016.73 Wife & one Child $ 209.40 each Wife and two Children $ 139.60 each Maximum Family Social Security Benefit $ 977.20 Combined Total Possible Retirement & Family Social Security Benefit: $1435.53 0041.5 - 6 - N11G W u„ uoo,'u orclar, a ALTERNATIVES The previous portion of this report provided general background information with illustrative examples. It appears that what is necessary is a general review of the retirement, disability and survivor insurance programs to determine just what is being offered and what is necessary to provide adequate economic security for County employees and their survivors at a reasonable expense. It appears that at least ;our options are worthy of consideration: (1 ) maintenance of the two current programs (2) dropping social security coverage (3) modification of the current County retirement plan to reduce benefits and costs for new employees only (4) more fully integrating the County plan with social security coverage. Elimination of social security coverage might result in an immediate reduction of cost to both employees and the taxpayers. There is some question whether the savings would equal the actuarial value of the benefits being lost for the majority of County employees. The answer to this question would require an actuarial study comparing both systems, and the probable recommendion would result in some benefit improvements being added to the County system. Actuarial firms have been contacted, a very rough initial estimate of the cost of such a study is $20,000. The actuaries contacted were candid in in- dicating that dropping social security coverage is not attractive when studied on an actuarial basis. Board menbers can appreciate the difficulty in attempting to compare a social program of income transfers with an actuarially sound insurance or annuity pian. There are basic differencies that arise from the social concepts of social security (its weighing in favor of lower incomes, non-taxability of benefits and open-ended cost of living escalator) beyond the program benefits themselves. Social security is also a dynamic program, attempting to hypothesize a set of benefit substitutes today would result in a static model that might not be applicable in the future, causing general employee resentment. There is also the question of the advisability of increasing benefits when we face the possibility of increased charges to strengthen the funding of the current County retirement plan. If the benefits of the present retirement plan were reduced for all future employees the amount of cost savings would be moderate at first, but would increase with turnover and the hiring of new employees. Modification and the complete integration of the retirement plan with social security could achieve cost savings to the employees and the taxpayers, with the elimination of duplicate benefits and the strengthing of present weaknesses. Current employees could be given the option of retaining their present benefits (at higher cost) or joining the new plan at reduced cost. The third and fourth options require a full scale review of the current benefits of both pians evaluated against a model or set of standards of what is adequate and equitable. If costs and benefits are found to be excessive, the County pian could be modified to supplement but not duplicate social security coverage. A modified retirement plan could be mandatory for new employees, optional for current employees, and would require state legislation. EMPLOYEE RELATIONS "'iPLICATIOitS Contra Costa County employees have a vested interest in the retirement system. It therefore is important that any process designed for the purpose of exploring the desirability of changing the present plan include input from employees. The vehicle to accomplish this should be developed at an early date. 0041-6 Micro611med with board order - 7 - Remarks delivered to Tulare County Employees Association at Visalia, California .ianuary 31 , 1975 by Benjamin 0. Russell Retirement Administrator Contra Costa County Revised March, 1977 to update to 1-1-77 the factual data on the retirement system and the Social Security benefit structure. Retirement and Social Security? Retirement and . . . . . .What? Public employees and public managements in California and throughout the nation are starting to review their retirement, disability, and survivor insurance programs to determine just what they have and just what they need to provide economic security for themselves, their dependents and their survivors. This is new. This study of what is desirable, what is necessary and what is feasible for the income protection of public workers and their families has really only begun. In a study for the State of California the consulting firm of Cresap McCormick, and Paget, Inc. analyzed the various state programs and arrived at a series of recomurendbtions for state employees. (One of the major recommendations was partially adopted by the legislature. Employee retirement contributions were reduced from 7 per cent to 5 per cent for employees covered by Social Security.) What is not new is the move by some public employees and some public managements to get out of Social Security -- get out with replacement benefits if possible, but get out. And get out fast. I think that the "let's get out of Social Security" clamor has been constructive to the extent that it has forced this review of what our income protection programs are for our old age, our disability and our survivors. Most of us have only a vague idea of what protection we have in our combined County Employees' Re- tirement Law of 1937 and Social Security/ programs. Let us take a look at these programs. Then let us take a look at what, if any- thing, we can and should do about what we find. When I refer to our County Employees, Retirement Law of 1937, I will be describing the benefits and costs of that law as it is applied in Contra Costa County. However, I do not believe that your County retire- ment system and its costs are much different from those of Contra Costa County. 1 . First, let us look at County Retirement: A. Employer Contributions 1 . For retirement, disability, and survivors benefits a. General members (1) 6.52;; of first $350 monthly salary (11) 9.80tof total salary in excess of $350 monthly b. Safety members 1J(�04112 (1) 16. 1% of total :tionthly salary ��)l``tt -1- Microfilmed with board order 2. For cost of living increases after retirement a. 1 .02% of base monthly salary. B. Employee Contributions (on base monthly salary) 1 . For retirement benefits a. General Members Age 21 : 5.12% Age 54 over: 9.89, The contributions are reduced by 1/3 on the first $350 monthly salary for those members in the Social Security program. b. Safety Members (active law enforcement or active fire suppression) Age 21 : 6.53% Age 35: 8.75% 2. For cost of living increases after retirement a. 1 .02% of base monthly salary (not being collected as of 3/7/77 as a result of court order) C. Service Retirement Formulas 1 . General Members Retirement age 50: 1 .24% Retirement age 55: 1 .67%* Retirement age 60: 2.18%* Retirement age 65: 2.61,* *The percentage is reduced by one-third on the first $350 monthly salary for those members in the Social Security program. 2. Safety Members Retirement age 50: 2.00% Retirement age 55: 2.62"0 Retirement age 60: 2.62% At each age the per cent is the amount of the highest average monthly salary for each year (final compensation) of credited service. The maximum retirement allowance payable is 100% of the final compensation. Retirement is optional for all members at age 50 'with at least 10 years service. It is mandatory at age 65 for general members and age o0 for safety members. General members may retire at any age with 30 years service; safety members may retire at any age with 20 years service. " -2- 1)i� l.q Microfilmed wish bobrd ordor D. Disability Retirement Formulas 1 . Non-service connected (non-industrial) a. General Members (1) 1 .5 per cent of final compensation for each year of service or service retirement allowance, whichever is higher. If formula produces less than 1/3 final compensation, service is presumed to extend to age 65, which ordinarily results in disability retirement allowance of 1/3 final compensation. b. Safety Members (1) 1 .8% of final compensation for each year of service or service retirement allowance, whichever is higher. If formula produces less than 1/3 final compensation, service is presumed to extend to age 55 which results in disability retirement allowance of 1/3 final compensation. To be eligible for a non-service connected disability, a member must have at least five years of service. 2. Service Connected (industrial disability) a. All Members (1) One half" of final compensation or service retirement allowance, whichever is higher. Members are eligible for service connected disability retirement upon their ap- pointment to a permanent position with a work schedule of at least 80% of full time. E. Survivor Benefits - All Members 1 . Death of member while in service a. Result of non-service connected causes. (1) 60% of alio :ance payable to member as if he or she had retired for non-service connected disability on day of death. Ordinarily is 20% or more of final compensation. Payable to spouse of member for spouse's life; if no spouse, payable to member's unmarried children until age 18 (22 if in school) . In lieu of monthly al- lowance, spouse (or guardian of children) has choice of lump sum payment consisting of membFr's contributions plus one month's salary for each full year of service (maximum - six months salary) b. Result of service connected causes. (1) 100'a of allowance payable to member as if he or she had retired for service connected disa`,ility on day of death. This equals 50`s or more of final compensation. Payable to spouse for spouse's life; if no spouse, payable to m2mber's unmarried children until age 18 (22 if in school) . Same choice of lump sum payment as for non- service connected death. 00419 -3- P,r'►icrofiimecl wiih boort! order (11) If mamnber is killed i:-, performance of duty, an additional ai- lowan ce is payable to spouse on behalf of unmarried children until age 18 (22 if ii: sc-ool) : 25% of allowance payable to spouse for one child; 50% for two children; 40% for three or more children. (111) if member is a safety member, an additional one year's salary is payable to spouse. 2. Death of member after retirement a. Retirement for service or non-service connected disability (1) There are five choices of which four nominally provide the mem- ber and survivors actuarily equivalent benefits. However, the choice providing the highest monthly allowance to the member, also provides that the surviving spouse, or unmarried children until age 18 (22 if in school) , receives 60% of amount member received at death. b. Retirement for service connected disability (1) The spouse or unmarried children until age 18 (22 if in school) receives 100; of amount r..etuber received at death. F. Cost-of-Living Benefits 1 . maximum 3i of allowance paid April ist of any year to persons receiving allowances on March 31st. Amount of increase determined by increase in Consumer Price Index during previous calendar year. it must constantly be borne in mind that the above benefits are in addition to those provided by Social Security. Ii . Now, let us look at the Social Security Program. The costs of Social Security are its besz known features among public employees and public employers. This is only logical . Until you need a social security benefit, you notice what directly and immediately affects you: its cost. For 1977, the Social Security program will cost 11 .70 per cent of the first $16,500 salary paid to employees in the program. In Contra Costa County these costs are divided equally between the employer and the employees. What we do not know so well are the benefits of Social Security. Since these benefits are described in many Federal Govern::ent publications 1 will not brief them here. Howevcr, you: lo:.al Social Security office will , 1 am sure, give you all the written material it has availa�)le and will discuss with you your particular situation and the benefits you may expect. I do want at this point to give you a fe-:r examples of the current retirement, survivor, and disability benefits based upon :he wages of a worker who has paid the maximum social security taxes From January 1 , 1956, the effective starting date of Social Security in our two counties: 004.20 Micron;mad v;i;h boord order A. Retirer.ant for a_e on January 1 , 1977 (includes 1976 wages) The worker, (age 65) $412.70 The worker's wife (age 65) 206.40 Family m_-ximum 722.20 B. Survivors benefits Widow aS 65, no children $412.70 Widow and one eligible child 619.20 Family mzximum 722.20 C. Disabled worker, age 30, who has paid maximum Social Security taxes. The work:_:- $555.40 monthly Wife and one child 209.40 monthly each Wife and two children 139.60 monthly each Family .:-nximum 977.20 rionthIy In addition to these benefits are those of the Medicare program which now applies to disabled workers as well as to workers age 65 and older. In 1972 those benefits were worth about $42.60 a month, $31 .00 monthly for hospital insurance and $11 .60 for medical insurance, with the beneficiary paying $7.20 of the total . They now cost $59.40 monthly, $45.00 for hospital insurance and $14.40 for medical insurance, with the beneficiary paying $7.20 of the total . The monthly value of madicare to the worker is $52.20 mono.i y. So the ful *1 Social Security package for a retired worker with maximum family bene- fits in now worth more to him than $774.40 a month. But there's more. Legislation in 1972 created a fundamental and far reaching change in the Social Security program. For the first time, inflation protection is built into the benefit structure: benefit increases are automatic with inflation. Each time the cost-of-living goes up 3% or more, social security benefits for those on the rolls and future beneficiaries go up in relation to the cost-of-living increase. Effective July 1 , 1975 it is estimated that the base benefits will be increased by 91U according to this formula. At the same time, the Social Security tax base increases in accordance with the increase in taxable wages. This new characteristic can portend a considerable change in the degree to which Social Security will provide for total retirement needs and thereby decrease the supplementation required by other pension plans and personal savings. Now with this much background, are changes needed in our public retirement systems and, equally important in my mind, how shall these changes be determined and achieved? III . Change: Social Security or Retirement? With the rapid increase in the costs and benefits of the Social Security program in recent years and with the automatic increases in costs and benefits in the future based upon inflation and rising wages, public employers and public employees must face the issue that the combined program of Federal Social Security and local public retire- ment systems can lead to what all may consider exorbitant costs and excessive benefits -5- Micro iniad with board order 00421 compared to employee take Fore wages and other fringe benefits. This meeting tonight is clear evidence to me that at least some employees are concerned about excessive costs. As an illustration of the combined benefit structure of the Contra Costa County Employees' Retirement Association and Soc.iai Security here are some examples: Retirement Member, age 65, 30 years service, r--tiring for service, January 1 , 1977 with $1 ,375.00 monthly final compensation: Retirement $ 985,77 Social Security 412.70 Total 1 ,395.47 Wife's benefit 206.40 Total family benefit $1 ,504.67— If 1 ,50 .d7If the merber is a male and should predecease his wife, she could receive $591 .46 from the Retirement Association and $295.10 from Social Security if age 60 or $412.70 if age 65. The Retirement allo:•:ance can be increased a maximum of 3% annually due to- infla- tion; Social Security benefits are increased annually by the full increase in cost-of- living. Disability Male age 30, 5 years service, retiring January 1 , 1977 with $1,375.00 monthly final compensation: 1 . Non-service connected disability :.ember Retirement: $ 458.33 Social Security: 558.40 Total $1 ,016-73 4tife and one child: $ 209.40 each Wife and two children: $ 139.60 each Total possible family Social Security Benefit: $ 977.20 Combined total possible family Retirement and Social Security Benefit: $1 ,435.53 The Retire,^ent Allowance is paid for life as is the member's Social Security benefit. The Wife's Social Security benefits and the children's benefits continue until the children marry, reach age 18. The wife's benefit (if under age 60) stops when children all marry or reach age 18, the children's benefits continue until age 22 if they remain unmarried and in school . If the member should prececease his ::ife, she could receive $220.00 monthly from the Retirement Association. The family mzxi^:am Social Security benefit would remain the same as long as there are minor children. Upon reaching age 60, the widow would again receive a Social Security benefit of 5342.95. -6- 00422 Microfilmed with order 2. Service connected disability The Social Security benefits are t: sane as for non-service connected disability. The Retirement Allowance is $687.50 monthly for the member. The total maxima im benefits become: Member alone: $1 ,245.90 Total family income: $1 ,664.70 If the member should predecease his wife, she would receive $687.50 monthly plus any Social Security benefit to which she was entitled at the time of the member's death. At this point, I want to state that in my opinion the question of retirement costs and benefits reasonably can be considered only in the context of the total wage and fringe benefit program of the public employer. Retirement costs are not just "too high" or "too low"; retirement benefits are not "too great" or "to little". They are but one factor in a complex of concerns that involve the public employer, the public employee, and the general public which receives the services of government and ultimately pays the cost of government. As employees ti-.,ho have collective bargaining rights, you will have to decide through your elected bargaining agent just what level of retirement costs and benefits you think are needed and justified anc:, also, you will have to decide what pro- portion of your total wage and benefit package you wish your retirement, disability, and survivor benefits to be. The greater the need for "take home pay", the greater pressure to lower that proportion. Now, let's look at the advantages of reg-raining in the Social Security program and, as necessary a,-.d desirable, changing our present retirement system. Social Security coverage is practically Lniversal in the United States. It pro- vides the basic retirement, disability and survivor program for most of our nation's workers and too frequently is the only such program. It is almost completely politically invulnerable. Since its inception in 1935, no Congress and no President, whether Democratic or Republican, has even suggested loti•:ering basic benefits. On the contrary, the record speaks boldly of increasing bene- fits, both in terms of adding nevi benefits and in increasing the value of existing benefits. Here is just an example, but one taken from our own law, to illustrate. January 1 , 1961 December 31 , 1974 Surviving spouse caring for one child $180 $591 .80 That is an increase of 329 per cent or an average increase of 23 per cent per year over the 14 yezr period. The fly~ores are ta':en ;rcm -our County Employees' Retirement Law, Government Code Section 31843. They were put into our law as substitutes for the Social Security survivor benefits but were designed to represent the Social Security survivor benefit being paid in those years. -7- 00423 nflicroti,me� ti'f+�,� �oar�! order Instead of diminishing, the political strength of Social Security is growing. There are more than 30,000,000 million persons 65 and older in our County. More than 6,000,000 of them are members of the American Association of Retired Person, a national organization created to improve the welfare of senior citzens. As the aged proportion of our population increases relative to the younger, which it is doing and is expected to do for years to come, the political power of the aged be- comes greater. And the grew er will be the strength of the Social Security program as a fundamental and essential economic and social program of our country. Social Security provides almost complete portability of benefits. This means that no matter where you work, the odds are overwhelming that you will have social security coverage. This is most important to a large segment of members of your Association. The chances are that by far the majority of your Association members at any time will not retire from Tulare County. These are particularly the lower paid employees who have the greatest need for continuing Social Security protection. Social Security benefits favor the lower salaried workers -- the majority of your Association members. The percentage of his average monthly :rage that the lower salaried worker gets as a benefit if greater then that for a higher salaried employee. For example: Average monthly rage Primary Insurance Benefit Percentage $400.00 $297.80 74.45 $600.00 5395.30 65.88 $1000.00 $516.10 51 .61 $1375-00 $597.60 43.46 I think this is desirable. The lower salaried employee has greater difficulty in surviving --• buying food, shelter, transportation, and in maintaining his standard of living at a decent level . The lower salaried employee has less or no surplus income to use to supplement his retirement intone. Further, the relatively greater Social Security benefit received by the lower salaried worker tends to offset the relatively higher benefits received by the higher salaried worker under our Retirement Law. Let's look at some examples: A quick way 'to make the comparison is to determine the relative costs of retire- ment allowances between higher and lower salaried workers. In my example, I have used the actual salaries for a typist clerk position and the County Probation Officer in Contra Costa County. The period covered is from July 1 , 1945 through June 30, 1975. Pertinent facts: Typist Clerk County Probation Officer 7-1-45 salary $150.00 $375.00 6-30-75 salary $675.00 $2,735.00 Total Contributions E Interest $10,615.57 $35,867.99 Retirement Allowance monthly $393.53 $1 ,733.02 Cost c-' $1 .00 a month $26,08 $20.70 110424 -8- Microfilmed with board nrrj4r At age 60, the Typist Clerk has paid ;0 per cent more for her annuity than has the County Probation Officer. Even consider inc the-o, er life expectancy of the Typist Clerk (if a female) , the higher salaried Probation Officer has by far the best deal . So, by keeping Social Security, we tend to redress this unfairness and balance the total retirement benefit. Many writers over a number of years have pointed out the burdensome nature of the Social Security taxes. These taxes have grown from the modest 2 per cent on the first $3,000 salary in 1935 to 11 .70 per cent on the first $16,500 salary in 1977. Indeed, this increase and the burden it imposes is the main reason for this meeting. For low salaried, younger workers, the Social Security tax is greater than his retirement contributions. The problem, however, has been recognized from the beginning of the Social Security program. It was anticipated that the tax burden sooner or later would be shifted from the wage earner to the general taxpayer -- from wage taxes to income, corporation, and other Federal tax sources. 1 have attached to this speech a number of magazine and newspaper articles which discuss the problem and recommend solutions. The one which has the widest acceptance is to shift at least a part of the burden to general Federal revenues. A portent of things to come occured a fe:, months ago. The Railroad Retirement System was going bankrupt. Were the railroad managements and railroad workers re- quired to rescue it? No. Congress passed a law to appropriate, if my memory is correct, $2085 million a year for 25 years to put the Railroad Retirement System on its feet. Your income taxes and mine will pay that bill of over 7 billion dollars. Social Security taxpayers are scheduled for the same relief. On January 25, less than a week ago, the Social Security Advisory Council , a blue ribbon citizens panel which regularly reviews Social Security :.enefits and taxes, recommended that Congress appropriate 7 billion dollars from income tax revenues next year to avoid increases in Social Security taxes. This recommendation, incidentally, should put the end to the proposal that Social Security tax base was to be raised to $24,CC0 and that the retirement age be raised in the year 2005 from 65 to 68. (The two dozen people who complained to me about the pro- posed 'nigher retirement age were only somewhat mollified when I explained the new age limit could not possibly apply to them. Sc.-,,ehow they did not hear the year 2005 in the proposal .) What does a deficit in the Social Security system and the income tax source of revenues- to correct the deficit have to do %-;itn the question of the advantage of staying in the Social Security program. Just :his: there is substantially complete agreement that the program will continue and will not be reduced. (President Ford's proposal to hold the July 1 , 1975 scheduled 9' increase to 5% was quickly tossed aside by the Congress) . The growing political znd voting power of our older citizens will quarantee that the program survives and expands. Indeed, one of seven of our citizens are receiving Social Security benefits now. The average worker will make sure the growing program, is not financed from -::age taxes. The income taxpayers must pick up the tab. WCrofilmed :11th board order if you withdraw from Social Security you will nevertheless probably continue to support it -- without its benefits as we are now doing for the Railroad Retirement System. Social Security benefits are not taxable. Retirement benefits are. This favor- able tax benefit of Social Security can mean that it will take $120 or more retirement dollars to equal $100 Social Security dollars. ;lar: the advantage of Social Security reaches especially to higher income employees, such as the example of the County Pro- bation Officer with the $1 ,733.02 monthly allowance. But the tax exempt status of Social Security is also significant to nearly all our retired members because the current higher allowances of most of our members means that they must continue paying income taxes after retirement. Staying in Social Security will assure continuing improvement of all our disa- bility, survivor, and retirement benefits. The emphasis is upon assure. Our retire- ment benefits are less likely to grow in the future. First let's look at future Social Security improvements. The 1972 Social Security amendment tied benefits to increases in the Consumer Price Index. The July 1st increase is to be 9%. This will apply to all benefits being paid and to all future benefits. The entire benefit formula will be increased by 9%. The cost of the increase will be paid by the higher paid workers: those earning more than $1 ,500 a year. Because all workers earning less than $1 ,375 monthly will not pay for the cost- of-living increases, the value of Social Security to the average worker wiII become greater. A larger portion of his disability and survivor insurance and his retire- ment needs will be met without expense to him. For workers earning more than $16,500 a year, the higher benefit structure due to inflation will result in an increase in their wage base and, therefore, higher costs. Even so, however, their higher wage base means higher benefits: disability, survivor, and retirement. It is %-.ell for younger higher salaried workers to know this, particularly those with young families where income maintenance is a prime worry if disability or death strikes the worker. We've looked at the fuilt-in, automatic, improvements in Social Security due to inflation. What about improvements not due to inflation. These are responsive to the political and social , as well as economic, pressures in our society. They have been occurring from the start: the addition of survivor benefits; disability; medicare; the shortening of the period needed to determine the average monthly wage with the creation of the new start year in 1950, the five year drop out of low-or-no tax covered income; dropping the retirement age for men from 65 to 62; the widow's al- lowance beginning as early as age 50; the divorced wife's right to a wife's allowance after 20 years of marriage; raising the earnings test co $2,520 a year and $210 a month. On the basis of the history, ::e can anticipate further improvements: moving the average r„onthly wage from its present career average '(age 26 to 62) to the highest 10 years, the highest 5, to ultimately the highest year, lifting the earnings limita- tion entirely. (Presently there is no earnincs limitation for t•:orkers ace 72 and older) ; and, again, general revenue financing rather than mage tax financing. -10- 01)420 Microfilmed W"'I) board order base these statements upon the growing ;political awareness and power of our senior citizens; upon the fact that one of seven of our citizens are receiving Social Security benefits;- upon the obvious fact that benefits have grown steadily since 1935 and that some of the greatest growth has occured under Republican presi- dents Eisenhower and Nixon: disability benefits added, retirement age for women re- duced to 62, automatic cost-of-living increases, widows benefits at age 50, and dis- abled .,:o-kers receive medicare. On the back-home, here in Tulare County side: what is the future for new bene- fits in the retirement field or in the fringe benefit field generally? First, some perspectives: When we talk of the advantages of getting out of Social Security, I believe we are talking of a program determined in Tulare County, financed by Tulare County, and negotiated in Tulare County as a substitute or replacement for the Social Security benefits which are given up. So, let's assume for the moment what I believe is a contrary to fact situation: let's assume that your Association can and does negotiate a program which is fully financially the equal to Social Security. It's a good program. Everyone is well satisfied with it. It meets all needs of all workers and management thinks it great. Then what? What are the prospects? I say the prospects are that the new pro- gram will remain relatively static and will not improve or change on a timely basis to meet changing needs; that the total Tulare County retirement, disability, and sur- vivor program will fall behind those in counties where Social Security continues. Why do 1 think this? Because the sourc:, of money for improved benefits must come from the pockets of Tulare County employees and taxpayers. These will be negotiated benefits, negotiated as a part of a total gage-benefit package. What is negotiated for retirement reduces what goes into salaries or health plans or pay for sick leave upon termination or whatever else your negotiators may think is needed. On the taxpayer side, we have the property tax limits imposed by SB 90 and sub- sequent legislation. In the future, it will be more difficult for employees to get any benefits, as the County property tax base becomes less and less able to support the programs imposed upon it. So, on the one hand 1 foresee a Social Security program which continues to grow and improve, fueled not only by wage taxes but by general Federal revenues; on the other, 1 predict a relatively slow changing locally determined, locally financed system, gradually failing to meet employee needs. One more point: getting out of Social Security is easy; all it takes is a majority vote of your Board of Supervisors and two year waiting period. But then all employees are out -- regardless of their individual reeds and wants. And under present law, they can not again be given coverage by Tulare County. This r::eans that some of your members, maybe many of them, will be hurt, perhaps disasterously, unless you write into any sub- stitute program a full guarantee that no employee will lose benefits he had and would have under Social Security. I submit that no local governmental or privately developed program will do that. �040r_*14 l M►ccoti,In :1 v„t”' boor,-d order: So getting out of Social Security means that you will be hurting your own mem- _ bers and will be dividing your membership. It can even provide a propaganda plat- form for outside employee organizations to use to attempt to raid your Association and establish separate bargaining units in the County service. I think this is a most serious disadvantage in getting out of Social Security. In the middle 1950's when the League of County Employee Association was developing legislation to permit us to have Social Security we avoided the problem by guaranteeing no loss of retirement benefits to those covered by Social Security. : In Contra Costa County we did not even have a vote on Social Security until Federal law permitted in- dividual choice. You can avoid the problem also. By staying in Social Security and, if you feel it necessary, by making modifications to your present retirement program. This can easily l be done: permissive legislation can readily be approved by the legislature. + How does this affect individual choice so that none of your members will be hurt? In this way: the legislation should provide that each member has his choice of whether to accept the modified program or to stay in the existing system. None of your members are hurt; no division is created in your membership. And, as an added bonus, the County would not be faced with litigation from disident members who might attempt to recover losses resulting from the Social Security loss. All right, some of you say, we stay in Social Security but we still cannot .afford the increasing taxes of Social Security as well as our Retirement contributions. What do we do? We have the choice of modifying our present retirement program,' as discussed a minute ago. This is a good choice, I believe, if you think your total retirement and Social Security benefits are greater than you feel you need. I have given examples of the benefit structure in the beginning of this speech. How you modify and what you modify is fully in your control . -Management also is interested in your benefit structure and its cost to the taxpayers. Here is the place where negotiation can be of great benefit. Each change or each package of changes can be devised to provide for future flexibility to meet changing needs. But instead of having to negotiate for something at the expense of increased taxpayer costs, which 1 foresee would happen if you get out of Social Security, your Association can negotiate on what it wishes to give up or change to the benefit of towered taxpayer costs. The assumption here is what you would want to change your Retirement program primarily because Social Security costs and/or benefits were going up. But you may want to keep your present Retirement and Social Security taxes. This would result in an immediate take-home income gain. -The County can pay all or part of your share of Social Security taxes. This would result in an immediate take-home income gain. The County can cut your Retirement contributions in half. This is possible under legislation effective January 1 , 1975. (AB 3903 and SB 1790 of the 1974 legislature.) A final thought: the decision to stay in or get out of Social Security is a big one -- for you and for the County. Much pressure will be brought both by your members and by the County to act to get out of Social Security to get the Quick take home in- crease and tax decrease. The plea will be made to have the Board of Supervisors peti- tion to get cut of Social Security so that the 2 year waiting period can be used to develop alternative pians. 0041181 4118 -i 2- Micro ii6- tied VAN1 board order. What ever you do, don't ca that. Make absolutely certain that all alternatives are fully explored before taking any action at* all . If a serious move is made to get out of Social Security, insist upon having two fully developed programs upon which to vote: one, an alternative to Social Security; the other, the reduction of the Retirement system (or its costs) or the reduction in your Social Security costs. And make sure all proposals are thoroughly, competently prepared by objective ex- perts who will not profit by the adoption of any program. It's a big, big job you have. I wish you the very best. And 1 thank you for this opportunity to speak to you this evening. -13- 00429 Microfilmed with board order, TABLE 1 MONTHLY COSTS: SOCIAL SECURITY & RETIREMENT*AS OF JANUARY 1. 1978 Total a Employee Employer Employee-Employer Costs Social Retire- Total Percent Social Retire- Total Percent Dollars Percent Age at Entry Security ment of Salary Security ment of Salary of Salary COMPENSATION: $900.00 MONTHLY 25 $54.45 $46.76 $101.21 11.24 $54.45 $111.71 $166.16 18.46 $267.37 29.71 0 �O 35 " 56.24 110.69 12.30 " 114.75 169.20 18.80 279.89 31. 10 O 45 " 69.41 123.86 13.76 " 118.97 173.42 19.27 297.28 33.03 54 84.54 138.99 15.44 " 123.82 178.27 19.81 317.26 35.25 `+ a COMPENSATION: $1000.00 MONTHLY ..0 25 $60.50 $52.73 $113.23 11.32 $60.50 $125.63 $186.13 18.61 $299.36 29.94 35 " 63.42 123.92 12.39 it 129.06 189.56 18.96 313.48 31.35 45 " 78.27 138.77 13.88 " 133.83 194.33 19.43 333.10 33.31 54 " 95.32 155.82 15.58 " 139.30 199.80 19.98 355.62 35.56 COMPENSATION: $1200.00 MONTHLY v- O a. 25 $72.60 $64.67 $137.Z7 11.44 $72.60 $153.49 $226.09 18.84 $363.36 30.28 v 35 " 77.78 150.38 12.53 " 157.70 230.30 19.19 380.68 31.72 45 " 95.99 168.59 14.05 163.54 236.14 19.68 404.73 33.73 54 " 116.91 189.51 15.79 " 170.25 242.85 20.24 432.36 36.03 COMPENSATION: $1475.00 MONTHLY 25 $89.24 $81.08 $170.32 11.55 $89.24 $191.79 $281.03 19.05 $451.35 30.60 35 " 97.53 186.77 12.66 " 197.07 286.31 19.41 473.08 32.07 45 " 120.35 209.59 14.21 204.40 293.64 19.91 503.23 34.17 54 " 146.27 235.51 15.97 212.70 301.94 20.47 537.45 36.44 COMPENSATION: $1700.00 MONTHLY 25 $89.24 $94.51 $183.75 10.81 $89.Z4 $ZZ3. 14 $312.38 18.38 $496.13 29. 18 35 " 113.68 202.92 11.94 " ZZ9.29 318.53 18.74 521.45 30.67 45 " 140.30 229.54 13.50 " 237.83 327.07 19.24 556.61 32.74 54 " 170.87 260.11 15.30 " 247.65 336.88 19.81 596.99 35. 12 COMPENSATION: $2000.00 MONTHLY 25 $89.24 $112.41 $201.65 10.08 $89.24 $264.93 $354.17 17.71 $555.82 27.79 35 " 135.22 224.46 11.22 " 272.24 361.48 18.07 585.94 29.30 45 " 166.87 256.11 IZ.81 " 282.40 371.64 18.58 627.75 31.39 54 " 203.25 Z92.49 14.62 " 294.06 383.30 19.17 675.79 33.79 COMPENSATION: $2500.00 MONTHLY 25 $89.24 $142.26 $231.50 9.26 $89.24 $334.58 $423.82 16.95 $655.32 26.21 35 " 171. 12 260.36 10.41 " 343.84 433.08 17.32 693.44 27.74 45 ZI1. 18 300.42 12.02 " 356.69 445.93 17.84 746.35 29.85 54 " 257.21 346.45 13.86 " 371.45 460.69 18.43 807.14 32.29 COMPENSATION: $3000.00 MONTHLY Z5 $89.24 $172. 11 $261.35 8.71 $89.24 $404.22 $493.46 16.45 $754.81 25. 16 35 " 207.02 296.26 9.88 " 415.42 504.66 16.82 800.92 26.70 45 " 255.48 344.72 11.49 430.97 520.21 17.34 864.93 28.83 54 311. 16 400.40 13.35 448.83 538.07 17.94 938.47 31.28 'The retirement system is governed by the County Employees Retirement Law of 1937. TABLE 2MONTHLY RETIREMENT AND SOCIAL SECURITY RETIREMENT BENEFITS 41 ASSUME: 1-1-56 START DATE OF SOCIAL SECURITY COVERAGE; 5% ANNUAL SALARY INCREASE FROM BEGINNING OF EMPLOYMENT. O Retirement at Age 60* Retirement at Age 62* Retirement at Age 65* 'u- Years of Service Years of Service Years of Service O 30 25 20 30 25 20 30 25 20 -Q ..0 Final Compensation $900 Monthly Retirement $533.18 $434.99 $341.88 $575.12 $469.20 $368.76 $638.03 $520.52 $409. 10 ' Social Security 250.88 250.88 249.33 311.92 311.92 300.64 389.90 389.90 375.80 Total $784.06 $685.87 $591.21 $887.04 $781. 12 $669.40 $1027.93 $910.42 $784.90 O Final Compensation $1000 Monthly '+- Retirement $598.65 $489.54 $385.52 $645.73 $528.04 $415.84 $716.37 $585.81 $461.33 Social Security 261.36 261.36 250.88 326.72 326.72 311.92 408.40 408.40 389.90 Total $860.01 $750.90 $636.40 $972.45 $854.76 $721.76 $1124.77 $994.21 $851.23 Final Compensation $1200 Monthly Retirement $729.58 $598.65 $472.81 $786.96 $645.73 $509.99 $873.05 $716.37 $565.78 Social Security 275. 10 275. 10 262.82 344.80 344.80 330.08 431.00 431.00 412.60 Total $1004.68 $873.75 $735.63 $1131.76 $990.53 $840.07 $1304.05 $1147.37 $978.38 Final Compensation $1475 Monthly Retirement $909.61 $748.68 $592.83 $981.15 $807.55 $639.45 $1088.48 $895.90 $709.40 Social Security 283.26 283.26 270.98 354.56 354.56 339.92 443.20 443.20 424.90 Total $1192.87 $1031.94 $863.81 $1335.71 $1162. 11 $979.37 $1531.68 $1339. 10 $1134.30 Final Compensation $1700 Monthly Retirement $1056.91 $871.43 $691.03 $1140.03 $939.36 $745.37 $1264,74 $1042.78 $826.91 Social Security 283.26 283.26 270.98 354.56 354.56 339.92 443.20 443.20 424.90 Total $1340. 17 $1154.69 $962.01 $1494.59 $1293.92 $1085.29 $1707.94 $1485.98 $1251.81 Final Compensation $2000 Monthly Retirement $1253.31 $1035.09 $821.96 $1351.87 $1116.49 $886.60 $1499.76 $1238.63 $983.59 Social Security 283.26 283.26 270.98 354.56 354.56 339.92 443.20 443.20 424.90 Total $1536.57 $1318.35 $1092.94 $1706.43 $1471.05 $1226.52 $1942.96 $1681.83 •$1408.49 Final Compensation $2500 Monthly Retirement $1580.64 $1307.87 $1040. 18 $1704.94 $1410.72 $1121.98 $1891.46 $1565.04 $1244.72 Social Security 283.26 283.26 270.98 354.56 354.56 339.92 443.20 443.20 424.90 Total $1863.90 $1591.13 $1311.16 $2059.40 $1765.28 $1461.90 $2334.66 $2008.24 $1669.b2 Final Compensation $3000 Monthly Retirement $1907.97 $1580.64 $1258,40 $2058.01 $1704.94 $1357.36 $2283.15 $1891.46 $1505.85 Social Security 2B3.26 283.26 270.98 354.56 354.56 339.92 443.20 443.20 424.90 Total $2191.23 $1863.90 $1529.38 $2412.57 $2059.50 $1697.28 $2726.35 $2334.66 $1930.75 *The amount shown payable from Social Security represents the estimated value of Social Security at age 62 but discounted to Age 60 on the basis of Retirement Association mortality tables and of a 6%interest assumption. a 0 TABLE 3 RETIREMENT AND SOCIAL SECURITY RETIREMENT BENEFITS AS PERCENTAGES OF 7R FINAL COMPENSATION a O (See Table 2 for Assumptions) -0 Age 60 Age 62 Age 65 Years of Service Years of Service Years of Service 30 25 20 30 25 20 30 25 20 tv Final Compensation $900 Monthly r- Retirement 59.24 48.33 37.99 63.90 52. 13 40.97 70.89 57.84 45.46 Social Security 27.88 27.88 27.70 34.66 34.66 33.40 43.32 43.32 41.76 0 Total 87. 12 76.21 65.69 98.56 86.79 74.37 114.21 101. 16 87.22 Final Compensation $1000 Monthly Retirement 59.87 48.95 38.55 64.57 52.80 41.58 71.64 58.58 46. 13 Social Security 26.14 z6.14 25.09 32.67 32.67 31.19 40.84 40.64 38.99 Total 86.01 75.09 63.64 -7.2 4 85.47 72.77 112.48 99.42 85. 12 Final Compensation $1200 Monthly Retirement 60.80 49.89 39.40 65.58 53.81 42.50 72.75 59.70 47. 15 Social Security 22.93 22.93 21.90 28.73 28.73 27.51 35.92 35.92 34.38 Total 83.73 .72.82 61.30 94.31 8Z.54 70, I 108.67 95.6?, 81.53 Final Compensation $1475 Monthly Retirement 61.67 50.76 40.19 66.52 54.75 43.35 73.80 60.74 48.09 Social Security 19.20 19.20 114.37 24.04 24.04 23.05 30.05 30.05 28.81 Total 80.87 69.96 58.56 90.56 78.79 66.40 103.85 90.79 76.90 Final Compensation $1700 Monthly Retirement 62.17 51.26 40.65 67.06 55.26 43.85 74.40 61.34 48.64 Social Security 16.66 16.66 15.94 20.86 20.86 20.00 26.07 26.07 24.99 Total 78.83 67.92 56.59 87.92 76. 12 63.85 100.47 87.41 73.63 Final Compensation$2000 Monthly Retirement 62.67 51.75 41.10 67.59 55.82 44.33 74.99 61.93 49.18 Social Security 14. 16 14. 16 13.55 17.73 17.73 17.00 22. 16 22.16 21.25 Total 76.83 65.91 54.65 85.32 73.55 61.33 97.15 84.09 70.43 Final Compensation$2500 Monthly Retirement 63.22 52.31 41.61 68.20 56.43 44.88 75.66 6Z.60 49.79 Social Security 11.33 11.33 10.84 14. 18 14. 18 13.60 17.73 17.73 17.00 Total 74.55 63.64 52.45 82.38 70.61 58.48 93.39 80.33 66.79 Final Compensation $3000 Monthly Retirement 63.60 52.69 41.95 68.60 56.83 45.25 76.11 63.05 50.20 Social Security 9.44 9.44 9.03 11.82 11.82 11.33 14.77 14.77 14. 16 Total 73.04 62.13 50.98 80.42 68.65 56.58 90.88 77.82 64.36 COD L O �V 1. TABLE 4 MONTHLY RETIREMENT AND SOCIAL SECURITY DISABILITY BENEFITS V O Assume: 5 years of service with 5 percent salary increase each year; Age 30. .w Non-service Connected Service Connected Non- Monthly Percent of Monthly Percent of Service Service 0 Payment Final Comp. Payment Final Comp. Connected Connected Final Compensation$900 Monthly e+= Retirement $300.00 33.33 $450.00 50.00 $300.00 $450.00 O Social Security 498.00 55.33 498.00 55.33 Maximum family benefit: $871.00 871.30 871.30 u Total $798.00 B8.66 $948.00 105.33 Total possible benefit: $1171.30 $1221.30 Final Compensation $1000 Monthly Retirement $333.33 33.33 $500.00 50.00 $333.33 $500.00 Social Security 522.30 52.23 522.30 52.23 Maximum family benefit: $914.00 914.00 914.00 Total $855.63 85.56 $1022.30 102.23 Total possible benefit: $1247.33 $141{.00 Final Compensation$1200 Monthly Retirement $400.00 33.33 $600.00 50.00 $400.00 $600.00 Social Security 564.80 47.07 564.80 47.07 Maximum family benefit: $988.30 988.30 98R.30 Total $964.80 84.40 $1164.80 97.07 Total possible benefit: $1388.30 $1588.30 Final Compensation$1475 Monthly Retirement $491.67 33.33 $737.50 50.00 $441.G7 $737,50 Social Security 583. 10 39.53 583. 10 39.53 Maximum family benefit $1020.30 1020.30 1020.30 Total $1074.77 72.86 $1320.60 89.53 Total possible benefit: $1511.97 $1757.80 Final Compensation $1700 Monthly Retirement $566.67 33.33 $850.00 50.00 $566.67 $850.00 Social Security 583. 10 34.30 583.10 34.30 Maximum family benefit: $1020.30 1020.30 1020.30 Total $1149.77 67.63 $1433. 10 84.30 Total possible benefit: $1586.97 $1870.30 Final Compensation $2000 Monthly Retirement $666.67 33.33 $1000.00 50.00 $666.67 $1000.00 • Social Security 583.10 29.16 583.10 29.16 Maximum family benefit. $1020.30 1020.30 1020.30 Total $1249.77 62.49 $1583.10 79. 16 Total possible benefit: $1686.97 $2020.30 Final Compensation$2500 Monthly Retirement $833.33 33.33 $1250.00 50.04 $833,33 $1250.00 Social Security 583.10 23.32 583.10 23.32 Maximum family benefit: $1020.30 1020.30 1020.30 Total $1416.43 56.65 $1833.10 73.32 Total possible benefit: $1853.63 $2270.30 Final Compensation $3000 Monthly Retirement $1000.00 33.33 $1500.00 50.00 $1000.00 $1500.00 Social Security 583. 10 19.44 583.10 19.44 Maximum family benefit: $1020.30 1020.30 1020.30 Total $175-83.10 52.77 $2083.10 69.44 Total possible benefit: $2020.30 $2520.30 In the Board of Supervisors of Contra Costa County, State of California December 6 1g 77 In the Matter of Completion of Private Improvements in Major Subdivision 4724 Diablo Area The Director of Building Inspection having notified this Board of the completion of private improvements in Major Subdivision 4724, Diablo area, as provided in the agreement with George J. & Emley I. Pacini, P. 0. Box 337, Diablo, California, approved by this Board on ?,arch 8, 1977; IT IS BY THIS BOARD.ORDERED that the private improvements in said major subdivision are hereby ACCEPTED as complete. IT IS BY THE BOARD FURTHER ORDERED that the Building Inspection Department is AUTHORIZED to refund the cash deposit of $1.1.,342.00 (Building Inspection Department Receipt No. 135924 dated February 27, 1977) de— posited as security for the above agreement. PASSED by the Board on December 6, 1977. 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: G.J.Pacini Witness my hand and the Seal of the Board of • Building Inspection (2) Supervisors affixed this 6th day of December 1977 J. R. OLSSON, Clerk By Deputy Clerk Robbie G 1errez i 00434 H-24 4/77 15m In the Board of Supervisors of Contra Costa Court �f, State of California December G, 19 77 In the Matter of Authorizing Attendance at Training Session a IT IS BY THE BOARD ORDERED that Stephen Ojena, Sheriff-Coroner's Department, is AUTHORIZED to attend, at Federal Government expense, the Federal Bureau of Investigation Academy Course on "Photography Training For Police", to be held at Quantico, Virginia, from January 1 , 1978 to January 20, 1978. PASSED BY TUL•' BOARD on December G, 1977. 1 hereby certify that the foregoing is a true and correct copy of en order entered on the minutes of said Board of Supervisors on the date aforesaid. Origination pont: Witness my hand and the Seal of the Board of Sher i"'-Coro::er Superviscrs cc: County Administrator mixed this Gth day of Dec`.w%Ir 19 _77 County Auditor-Controller �J. R. �":LSSON, Clerk By (:� : LLi' (i _4 ` _ f,Il i.<-i_ Deputy Clerk Patricia A. Bell 00435 1i -243j:615m In the Board of Supervisors of Contra Costa County, State of Califomia December 6 , 19 77 In the Matter of Slide Presentation by Mr. George H. Cardinet, Jr. The Board this day viewed a slide illustrated documentary entitled "Trails for Today and Tomorrow" produced for The American Horse Council by Trails Unlimited and presented by Mr. George H. Cardinet, Jr. : The Documentary depicted trails in the East Bay with emphasis on trails in Contra Costa County. At the conclusion of said documentary, Board members expressed their appreciation to Mr. Cardinet for the presentation. This is a NATTER OF RECORD only. a matter of record I hereby certify that the foregoing is a true and correct copy of OiMtmodw 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 6th day of Dec mhPr 19_27- J. R. OtSSON, Clerk By Deputy Clerk Jamie L. Johnson 00436 H-24 4/77 15m In 0he Board of Supenisors of Contra Costa County, State of California December 6 , 19 77 In the Matter of Cooperation Agreements with Participating Cities for Block Grant Funding Under the Housing and Community Development Act of 1977. The County Administ=rator having this day recommended that the Chairman be authorized to execute on behalf of Contra Costa County Cooperation Agreements for funding under the Housing and Community Development Act of 1977 with the following cities : Antioch *Martinez Brentwood Mora`;a Clayton Pi no. :' El Cerrito Pleasant Hill Hercules San Pablo Lafayette Walnut Creek Mr. David L. Levy, Pinole City Attorney, having appeared and havina objected to Provision IIo. 12 which would at a later date incorporate any change or amendment of Federal or State law into said Cooperation Agreement; and Mr. John B. Clausen, County Counsel, having advised that said provision also appears in all the agreements with the cities and also with the County's agreement with the U. S. Department of Housing and Urban Develop-hent; and Board inembers having considered the objections voiced by Mr. Levy and the implication thereof. , and having concluded that said provision could be removed at this time because grant agreement terms with the City of Pinole will subsequently require compliance with federal regulations or award will not be made; IT IS BY THE BOARD ORDERED that the Chairman is AUTHORIZED to execute Cooperation Agreements with the aforesaid cities to by effective December 6, 1977 and that Provision No. 12 is REMOVED from the Cooperation Agreement with the City of Pinole; PASSED by the Board on December 6, 1977. hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on tha date aforesaid. ' Witness my hand and the Seal of tha Board of CC: County Administrator-gYle Director of Planning Supervisors Cities listed above affixed th!3 6th day of D?gerber 19= U. S. Housing and Urban Developme.t // ` J. R. OLSSON, Clerk BY c�;�./':l" ; �1-ice -< L. , Deputy Clerk Jamie L. Johnson 00437 f H-24 4/77 15m Tia Board Cou d of Supervisors Contra nR.ot..on County Clerk and Ex Officio Clerk of the Board Cocir't:y Administration Building Costa Mrs.Geraldine Russett P.D. Box 93 3 ���� Chief Clerk Martinez,California 94553 (415)372-237t James P.Kenny-Richmond st District RECEIVED Nancy C.Fandan-Martinez ,r �' -.1 District B:o itrt 1.Schroder-Lafayette : 3rd District ( Warren N.Bogg4ss-Concord 4th Oivrict Eric H.HassAline-Pittsburg J. R. OLSSO;4 5th District CLERK ONTRA O APERVfSORS 8 tietv December 6, 1977 Julian A. Fitzhugh Program Manager - Area B San Francisco Area Office U.S. Department of Housing and Urban Development One Embarcadero Center, Suite 1600 San Francisco, California 94111 Dear Mr. Fitzhugh: Enclosed please find Cooperation Agreements relating to the County's designation, as an "Urban County" and the application for Community Development Block Grant Funds for Contra Costa County for the year beginning July 1, 1978. The enclosed agreements are executed by Contra Costa County and the Cities of Antioch, Brentwood, Clayton, E1 Cerrito, Hercules, Lafayette, Martinez, Morap Pinole, Pleasant Hill, San Pablo and Walnut Creek. We are looking forward to final confirmation of eligibility and announce- ment of our formula entitlement in the immediate future. Sincerely yours, Warren N. Boggess Chairman 1�tB/cad Encls. ,krofilmad with board order 00438 COOPERATION AGREEMENT, H.C.D.A. 1977 (County and City of Antioch ) I. Parties & Date. Effective on peceIIher 6, 1977 , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF ANTIOCH , being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1977 (hereinafter called "Act"). Title I of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title I makes available entitlement grants to (1) cities whose 1970 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under state law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Eleven cities in the County of Contra Costa have a 1970 Census population of less than 50,000. Certain of these some cities may join with the County of Contra Costa to form a combined 1970 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing, hereinafter called "program", in fiscal year 1978-1979 or the Fourth program year in compliance with the application for Community Development Block Grant Funds, as approved by the' Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. 4. Activities. Essential community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated within Title I of the Act and the regulations issued thereto, which are to be included within a three-year development plan and one- year community development program as adopted by the Board of Supervisors of the County as part of an application for block grants pursuant to said Act and are approved by the Secretary of Housing and Urban Development, including urban renewal and publicly assisted housing activities. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title I of the Act. Said obligations and responsibilities include the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the one-year community development program and the assurances or certifications. WrOf filmed with board order_ 00439 S. Information. The City shall provide the County with all information concerning the City which the County requires to prepare the application, including but not limited to a citizen participation plan, community development plan, community development program, housing assistance plan, and a community development budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the application due to the City's failure to supply information by the dates specified. 6. Compliance. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the prograrn for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant program and within the Target Areas. 8. Fund Distribution. The County shall distribute to the City a portion of the funds received under Title I of the Act for fiscal year 1978-1979 or the Fourth program year as approved by the Federal Department of Housing and Development for the undertaking of essential community development and housing assistance activities within the territorial limits of the City. The County shall not distribute to the City any funds received under said act if no essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. Where essential community development and housing assistance activities are to be undertaken within the territorial limits of the City, the funds to be distributed to the City shall be determined generally in accordance with the formula used by the U.S. Department of Housing and Urban Development in determining the County's entitlement as shown in Exhibit "A" attached hereto and incorporated herein by reference. All funds distributed to the City will be used solely for the purpose of carrying out essential community development and housing assistance activities. The County shall not be liable under any circumstances to the City for the failure of any activity contained in the County's appiication for block grants pursuant to Title I of the Housing and Community Development Act of 1977 to be approved by the Secretary of Housing and Urban Development. When a distribution different than shown in Exhibit "A" is necessary to comply with Title I of the Act due to an activity being found ineligible or plainly inappropriate by HUD, the monies allocated-to said activity shall be distributed to the fund entitled "contingencies and/or unspecified local option activities" in the Fourth Year Budget as approved by HUD for redistribution to Fourth Year Program activities based on County priorities. 9. Effective & Termination Dates. This agreement shall go into effect as of the date shown in Section 1. immediately upon the signature of both parties and shall continue in full force and effect through the Fourth approved community development program year covered by the County's 1978- 1979 or Fourth year application and so long as the essential community development and housing assistance activities initiated under the Fourth approved one-year community development program are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Program Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of an application for funds for the Fifth program year. Should the County desire to qualify as an urban county for subsequent program years, the City shall have.the option of choosing whether to continue its participation with the County. n. T_ _A 1 0440 II. Representatives. (o) The City designates Stephen R. Thatcher or his or her deputy as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates County Administrator or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. COU Y 1= I COSTA CITY OF ANTIOCH rI Soo (City or Town) By Chairman, Board of Superviso s Mayor - Verne L. Roberts ATTEST: ATTEST: J. R. OLSSON, County Clerk and ��� ex-of_ 'cio Clerk o the Board c?�.f a 2C_ i%'/►-�Z!�t� BCU' City Clerk -/ orothy P. Marks Y Deputy (SEAL) (SEAL) RECOM ENDED FOR APPROVAL: BY �� unty,Hdmnirotor By vrcount ire for of Plann g L FORM APPROVAL AND CERTIFICATION: FORM APPROVAL AND CERTIFICATION: I certify that the terms and provisions of I certify that the terms and provisions of this agreement are fully authorized under this agreement are fully authorized under State and local law and this agreement is State and local law and this agreement is executed in accordance with all applicable executed in accordance with all applicable requirements of State and local low. requirements of State and local law. JOHN B. CLAUSEN By Deputy City Attorney - Peter D. Bulens 00443:_-- e Suggested Distribution of Community Development Block Grant Entitlement of Contra Costa County To Non-Entitlement Cities and Unincorporated Areas The County's entitlement is based on the following formula, as set forth in HCDA 1977: E _ (P:Pa+2xl:la+O:Oa) :4xEa Where: E = Entitlement of Urban County Ea = Total f=unds for Entitlement Units Allocated to SMSA P = Population of Urban County (participating units only) Pa = Population of All Entitlement Units in SMSA (Cities over 50,000 = urban counties) I = Persons Below Poverty Level in Urban County (Participating units only) la = Persons Below Poverty Level in all Entitlement Units in SMSA 0 = Number of Housing Units with 1.01 Persons or More Per Room, for Urban County (participating units only) Oa - Number of Housing Units with 1.01 Persons or More Per Room, for All Entitlement Units in SMSA The County's entitlement will vary depending on which cities participate in the CD program for this year. Based upon an estimated $4.0 million entitlement for the County (if all non-entitlement cities join with the County to develop a CD program for the unincorporated area and the cities) it is possible to use the above formula also to allocate the County's entitlement to participating units. Eb = (Pb:P+2xib:I+Ob:O) 4xE Where: E = Entitlement of Urban Contra Costa County = $4,000,000 Eb = Share of County Entitlement Applicable to City (b) P = Population of Contra Costa County (participating units only) Pb = Population of City (b) I = Persons Below Poverty Level in Contra Costa County (participating units only) Ib = Persons Below Poverty Level in City (b) 0 = Number of Housing Units with 1.01 or more Persons Per Room in Contra Costa County (participating units only) Ob = Number of Persons in Housing Units with 1.01 Persons or More Per Room, for City Eb to be reduced approximately 5% to cover County's cost of Application and program administration. II/9/77 00442- �p�'�e{a'"' `;,r�:Z**','—�.T'"ss: jt 7 "`�:"V►'l,^'.^c—z r. ., •�.-- :.,f�.1• � .Y"' .,. ..�—«'... •S --."'��{t .'!,- f 1� ! Vis, 1. •.1.-.r. _ .. I. ri�t.... �o. .�'.�. . ,.7 i .�•' _ vy� s .►�j. •'�'f.. •.�} r•.,r� i �.'�1 .h••. '�i'•vv.fr.., ~• COOPERATION AGREEMENT, H.C.D.A. 1977 (County and City of Brentwood ) I. Parties & Date. Effective on December 6 1977 , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF Brentwood , being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", .mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1977 (hereinafter called "Act"). Title I of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title I makes available entitlement grants to (1) cities whose 1970 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under state law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Eleven cities in the County of Contra Costa have a 1970 Census population of less than 50,000. Certain of these some cities may join with the County of Contra Costa to form a combined 1970 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, essential community development and housing assistance activities, specifically .urban renewal and publicly assisted housing, hereinafter called "program", in fiscal year 1978-1979 or the Fourth program year in compliance with the application for Community Development Block Grant Funds, as approved by the' Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. 4. Activities. Essential community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated within Title I of the Act and the regulations issued thereto, which are to be included within a three-year development plan and one- year community development program as adopted by the Board of Supervisors of the County as part of an application for block grants pursuant to said Act and are approved by the Secretary of Housing and Urban Development, including urban renewal and publicly assisted housing activities. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title I of the Act. Said obligations and responsibilities include the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the one-year community development program and the assurances or certifications. X0,443 Wrofilmed with board order 5. Information. The City shall provide the County with a(( information concerning the City which the County requires to prepare the application, including but not limited to a citizen participation plan, community development plan, community development program, housing assistance plan, and a community development budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the application due to the City's failure to supply information by the dates specified. 6. Compliance. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted-in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Indemnification, The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and clairns for any fines, penalties, or damages of any type from any cause whatsoever arising frorn or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant program and within the Target Areas. 8. Fund Distribution. The County shall distribute to the City a portion of the funds received under Title I of the Act for fiscal year 1978-1979 or the Fourth program year as approved by the Federal Department of Housing and Development for the undertaking of essential community development and housing assistance activities within the territorial limits of the City. The County shall not distribute to the City any funds received under said act if no essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. Where essential community development and housing assistance activities are to be undertaken within the territorial limits of the City, the funds to be distributed to the City shall be determined generally in accordance with the formula used by the U.S. Department of Housing and Urban Development in determining the County's entitlement as shown in Exhibit "A" attached hereto and incorporated herein by reference. All funds distributed to the City will be used solely for the purpose of carrying out essential community development and housing assistance activities. The County shall not be liable under any circumstances to the City for the failure of any activity contained in the County's application for block grants pursuant to Title I of the Housing and Community Development Act of 1977 to be approved by the Secretary of Housing and Urban Development. When a distribution different than shown in Exhibit "A" is necessary to comply with Title 1 of the Act due to an activity being found ineligible or plainly inappropriate by HUD, the monies allocated-to said activity shall be distributed to the fund entitled "contingencies and/or unspecified local option activities" in the Fourth Year Budget as approved by HUD for redistribution to Fourth Year Program activities based on County priorities. 9. Effective & Termination Dates. This agreement shall go into effect as of the date shown in Section 1. immediately upon the signature of both parties and shall continue in full force and effect through the Fourth approved community development program year covered by the County's 1978- 1979 or Fourth year application and so long as the essential community development and housing assistance activities initiated under the Fourth approved one-year community development program are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Program Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of on application for funds for the Fifth program year. Should the County desire to qualify as an urban county for subsequent program years, the City shall have the option of choosing whether to continue its participation with the County. 00444 ":,`•r �t '�L.:���i.� 'I. �'►.,� ',� �>ytuh .. ',.i''.�'r'�T`,;4:1;+:-^.'O^;--c.i..... ` .. "."• . ., t. ' ti.. � - ., 11. Represen to t ives. (a) The City designates or his or her deputy as the official to whom all notices and communicarion from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates County Administrator or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. • y COU Y COSTA � . N. -{�Z 6o ess City or o By . /L'L By Chairman, Board of Superviso s May ATTEST: ATTEST: J. R. OLSSON, County Clerk and ex- fficio Clerk of the Board 10222 " it Clerk Deputy (SEAL) (SEAL) RECOMM ND D O APPf-tOVAL: CouNtrator By , Co nfi Dir- r of Plannin `- c� � FORM APPROVAL AND CERTIFICATION: FORM APPROVAL AND CERTIFICATION: I certify that the terms and provisions of I certify that the terms and provisions of this agreement are fully authorized under this agreement are fully authorized under State and local law and this agreement is State and local law and this agreement is executed in accordance with all applicable executed in accordance with all applicable requirements of State and local law, requirements of State and local law. JOHN B. CLAUSEN ' By Deputy -City Attorney 00447` Suggested Distribution of Community Development Block Grant Entitlement of Contra Costa County To Non-Entitlement Cities and Unincorporated Areas The County's entitlement is based on the following formula, as set forth in HCDA 1977: E _ (P:Pa+2xl:lo+O:Oa) :4xEa Where: E = Entitlement of Urban County Ea = Total Funds for Entitlement Units Allocated to SMSA P = Population of Urban County (participating units only) Pa = Population of All Entitlement Units in SMSA (Cities over 50,000 = urban counties) 1 = Persons Below Poverty Level in Urban County (Participating units only) IQ = Persons Below Poverty Level in all Entitlement Units in SMSA 0 = Number of Housing Units with 1.01 Persons or More Per Room, for Urban County (participating units only) Oa = Number of Housing Units with 1.01 Persons or More Per Room, for All Entitlement Units in SMSA The County's entitlement will vary depending on which cities participate in the CD program for Phis year. Based upon an estimated $4.0 million entitlement for the County (if all non-entitlement cities join with the County to develop a CD program for the unincorporated area and the cities) it is possible to use the above formula also to allocate the County's entitlement to participating units. Eb = (Pb:P+2xIb:I+Ob:O) 4xE Where: E - Entitlement of Urban Contra Costa County = $4,000,000 Eb = Share of County Entitlement Applicable to City (b) P _ Population of Contra Costa County (participating units only) Pb = Population of City (b) 1 _ Persons Below Poverty Level in Contra Costa County (participating units only) lb = Persons Below Poverty Level in City (b) 0 = Number of Housing Units with 1.01 or more Persons Per Room in Contra Costa County (participating units only) C-t Ob = Number of Persons in Housing Units with 1.01 Persons or More Per Room, for City .(b) Eb to be reduced approximately 5% to cover County's cost of Application and program administration. II/9/77 0044 Y A+:r. V�' '�y'i�'��ir"t,�"w�:'- ...,Yg ... � .• M.— �":T"'.'Y."_„'. _'_!",?'^ '^C.�""�r•.-� z:.� .. `r. "\ ..o- � .. '..�''�St�.*'^—F. Via. ♦ �7� COOPERATION AGREEMENT, H.C.D.A. 1977 (County and City of CLAYTON ) I. Parties & Date. Effective on December 6, 1977_, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF CLAYTON ' being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1977 (hereinafter called "Act"). Title I of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title I makes available entitlement grants to (1) cities whose 1970 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under state lav to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of localg vernment (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Eleven cities in the County of Contra Costa have a 1970 Census population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form. a combined 1970 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing, hereinafter called "program", in fiscal year 1978-1979 or the Fourth program year in compliance with the application for Community Development Block Grant Funds, as approved by the' Federal Department -of Housing and Urban Development (HUD) and as provided in this agreement. 4. Activities. Essential community development and housing assistance activities are hereby defined for purposes of this agreement to he those designated within Title I of the Act and the regulations issued thereto, which are to be included within a three-year development plan and one- year community development program as adopted by the Board of Supervisors of the County as part of an application for block grants pursuant to said Act and are approved by the Secretary of Housing and Urban Development, including urban renewal and publicly assisted housing activities. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title I of the Act. Said obligations and responsibilities include the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the one-year community development program and the assurances or certifications. 0044_-1 Ocrofilmed with board order 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare the application, including but not limited to a citizen participation plan, community development plan, community development program, housing assistance plan, and a community development budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the application due to the City's failure to supply information by the dates specified. 6. Compliance. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with-respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant program and within the Target Areas. 8. Fund Distribution. The County shall distribute to the City a portion of the funds received under Title I of the Act for fiscal year 1978-1979 or the Fourth program year as approved by the Federal Department of Housing and Development for the undertaking of essential community development and housing assistance activities within the territorial limits of the City. The County shall not distribute to the City any funds received under said act if no essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. Where essential community development and housing assistance activities are to be undertaken within the territorial limits of the City, the funds to be distributed to the City shall be determined generally in accordance with the formula used by the U.S. Department of Housing and Urban Development in determining the County's entitlement as shown in Exhibit "A" attached hereto and incorporated herein by reference. All funds distributed to the City will be 6sed solely for the purpose of carrying out essential community development and housing assistance activities. The County shall not be liable ui)der any circumstances to the City for the failure of any activity contained in the County's opplication for block grants pursuant to Title I of the Housing and Community Development Act of 1977 to be approved by the Secretary of Housing and Urban Development. When a distribution different than shown in Exhibit "A" is necessary to comply with Title'l of the Act due to an activity being found ineligible or plainly inappropriate by HUD, the monies allocated--to said activity shall be distributed to the fund entitled "contingencies and/or unspecified local option activities" in the Fourth Year Budget as approved by HUD for redistribution to Fourth Year Program activities based on County priorities. 9. Effective & Termination Dates. This agreement shall go into effect as of the date shown in Section 1. immediately upon the signature of both parties and shall continue in full force and effect through the Fourth approved community development program year covered by the County's 1978- 1979 or Fourth year application and so long as the essential community development and housing assistance activities initiated under the Fourth approved one-year community development program are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Program Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of an application for funds for the Fifth program year. Should the County desire to qualify as an urban county for subsequent program years, the City shall have the option of choosing whether to continue its participation with the County. 00448 c If. Representatives. (a) The City designates PETER ARCHULETA or his or her deputy as the official to whom all notices. and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates County Administrator or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. COUNT . OF �f?N OSTA CITY OF CLAYTON City or To ) r ey N gess By Chairman, Board of Supervisors May ATTEST: AT J. R. OLSSON, County Clerk and ex-officio Clerk of the Board r ' t i y Jerk B� 6puty (SEAL) (SEAL) RECOMMENDED FOR APPROVAL: By CPU y Admin'lxtrator By f /you ty Dir for of Planning FORM APPROVAL AND CERTIFICATION: FORM APPROVAL AND CERTIFICATION: I certify that the terms and provisions of I certify that the terms and provisions of this agreement are fully authorized under this agreement are fully authorized under State and local law and this agreement is State and local law and this agreement is executed in accordance with all applicable executed in accordance with all applicable requirements of State and local law. requirements of State and local law. JOHN B. CLAUSEN Deputy City Attorney COOPERATION AGREEMENT, H.C.D.A. 1977 (County and City of E1 Cerrito ) I. Parties & Date. Effective on December 6, 1977 , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF EI Cerrito , being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1977 (hereinafter called "Act"). Title I of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title I makes available entitlement grants to (1) cities whose 1970 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under state law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Eleven cities in the County of Contra Costa have a 1970 Census population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined 1970 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing, hereinafter called "program", in fiscal year 1978-1979 or the Fourth program year in compliance with the application for Community Development Block Grant Funds, as approved by the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. 4. Activities. Essential community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated within Title I of the Act and the regulations issued thereto, which are to be included within a three-year development plan and one- year community development program as adopted by the Board of Supervisors of the County as part of an application for block grants pursuant to said Act and are approved by the Secretary of Housing and Urban Development, including urban renewal and publicly assisted.housing activities. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title I of the Act. Said obligations and responsibilities include the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the one-year community development program and the assurances or certifications. 00450 QI►icrofilrxwd with board ora4 S. Information. The City shall provide the C:oi,nfy with all information concerning the City which the County requires to prepare the application, including but not limited to a citizen participation plan, cornmunify development plan, community development program, housing assistance plan, and a community development budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the application due to the City's failure to supply information by the dates specified. 6. Compliance. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising frorn or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to file Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant program and within the Target Areas. 8. Fund Distribution. The County shall distribute to the City a portion of the funds received under Title !—of the Act for fiscal year 1978-1979 or the Fourth program year as approved by the Federal Department of Housing and Development for the undertaking of essential community development and housing assistance activities within the territorial limits of the City. The County shall not distribute to the City any funds received under said act if no essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. Where essential community development and housing assistance activities are to be undertaken within the territorial limits of the City, the funds to be distributed to the City shall be determined generally in accordance with the formula used by the U.S. Department of Housing and Urban Development in determining the County's entitlement as shown in Exhibit "A" attached hereto and incorporated herein by reference. All funds distributed to the City will be used solely for the purpose of carrying out essential community development <.nd housing assistance activities. The County shall not be liable under any circumstances to the City for the failure of any activity contained in the County's application for block grants pursuant to Title I of the Housing and Community Development Act of 1977 to be approved by the Secretary of Housing and Urban Development. When a distribution. different than shown in Exhibit "A" is necessary to comply with Title I of the Act due to an activity being found ineligible or plainly inappropriate by HUD, the monies allocated-to said activity shall be distributed to the fund entitled "contingencies and/or unspecified local option activities" in the Fourth Year Budget as approved by HUD for redistribution to Fourth Year Program activities based on County priorities. 9. Effective & Termination Dates. This agreement shall go into effect as of the date shown in Section I. immediately upon the signature of both parties and shall continue in full force and effect through the Fourth approved community development program year covered by the County's 1978- 1979 or Fourth year application and so long as the essential community development and housing assistance activities initiated under the Fourth approved one-year community development program are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Prograrn Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of an application for funds for the Fifth program year. Should the County desire to qualify as an urban county for subsequent program years, the City shall have the option of choosing whether to continue its participation with the County. 00451,0451, i.._....�•.. i'w �.� v'h- it J'� "'---T!�'�,,,, _'�"_,r _. � ... - �..:ry..� .�'• :�: -. 11. Representatives. (a) The City designates JEAN TRAVIS SMITH or his or her deputy as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates County Administrator or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. r COU Y F C 'RA COSTA- CITY OF EL CERRITO �W= NBorpn , (City or-T�wn) By Byi Chairman, Board of Supervisors ATTEST: ATTEST: J. R. OLSSON, County Clerk and ex-officio Clerk o the Board City Clerk ' B . puty (SEAL) (SEAL) RECOMM WDED FOR, PPROVAL: Co my dr inr Color By o ty Dire r of Plannir . FORM APPROVAL AND CERTIFICATION: FORM APPROVAL AND CERTIFICATION: I certify that the terms and provisions of I certify that the terms and provisions of Phis agreement are fully authorized under this agreement are fully authorized under State and local law and this agreement is State and local law and this agreement is executed in accordance with all applicable executed in accordance with all applicable requirements of State and local law. requirements of State and local law. JOHN B. CLAUSEN By Deputy City At rn • ..� ._ �.'..:wa: ,«'`"�'• r .✓^i; ��` 'f'.^ "°�{�a..�.s•'.%7.-i,,.. 4 '.a. r ,..�'a.„I..� r., i�,..:Y` ."�' i. �Jf� �,..'��... ... - .. .,tom . ,..^ .7• .`�v Suggested Distribution of Community Development Block Grant Entitlement of Contra Costa County To Non-Entitlement Cities and Unincorporated Areas The County's entitlement is based on the following formula, as set forth in HCDA 1977: E _ (P:Pa+2xl:la+O:Oa) AxEa Where: E = Entitlement of Urban County Ea = Total Funds for Entitlement Units Allocated to SMSA P = Population of Urban County (participating units only) Pa = Population of All Entitlement Units in SMSA (Cities over 50,000 = urban counties) I = Persons Below Poverty Level in Urban County (Participating units only) IQ - Persons Below Poverty Level in all Entitlement Units in SMSA 0 = Number of Housing Units with 1.01 Persons or More Per Room, for Urban County (participating units only) Oa = Number of Housing Units with 1.01 Persons or More Per Room, for All Entitlement Units in SMSA The County's entitlement will vary depending on which cities participate in the CD program for this year. Based upon an estimated $4.0 million entitlement for the County (if all non-entitlement cities join with the County to develop a CD program for the unincorporated area and the cities) it is possible to use the above formula also to allocate the County's entitlement to participating units. Eb = (Pb:P+2x16:1+Ob:O) 4xE Where: E - Entitlement of Urban Contra Costa County = $4,000,000 Eb = Share of County Entitlement Applicable to City (b) P = Population of Contra Costa County (participating units only) Pb = Population of City (b) I = Persons Below Poverty Level in Contra Costa County (participating units only) Ib = Persons Below Poverty Level in City (b) 0 Number of Housing Units with 1.01 or more Persons Per Room in Contra Costa County (participating units only) Ob = Number of Persons in Housing Units with 1.01 Persons or More Per Room, for City (b) Eb to be reduced approximately 5% to cover County's cost of Application and program administration. II/9/77 00 --;F- J�`K._.?�`C�,yw-�`rs:a•'.�.i`"c .s^��—',"S�`;'S..'l T—rr;,�.,;!.• ..m -1_ �._ r..�., ..h,,.0..�....� 4�.: COOPERATION AGREEMENT, H.C.D.A. 1977 (County and City of Hercules. ) I. Parties & Date. Effective on December 6, 1977,. , the COUNTY OF CONTRA COSTA, a political subdivision of the Stat of Calif rnia, hereinafter referred to as the "County" and the INCORPORATED CITY OF X C ci el <I being a municipal corporation of the State of California,' and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1977 (hereinafter called "Act"). Title i of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title I makes available entitlement grants to (1) cities whose 11,170 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under state law to undertake jessential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. E=leven cities in the County of Contra Costa have a 1970 Census population of less than 50,000. Certain of these some cities may join with the County of Contra Costa to form a combined 1970 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing, hereinafter called "program", in fiscal year 1978-1979 or the Fourth program year in compliance with the application for Community Development Block Grant Funds, as approved by the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. 4. Activities. Essential community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated within Title I of the Act and the regulations issued thereto, which are to be included within a three-year development plan and one- year community development program as adopted by the Board of Supervisors of the County as part of an application for block grants pursuant to said Act and are approved by the Secretary of Housing and Urban Development, including urban renewal and publicly assisted housing activities. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title I of the Act. Said obligations and responsibilities include the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the one-year community development program and the assurances or certifications. *iaofilmed with board order 00454 sM�F ::..'Z+ti�t"►L�„ ".T ..� �--... . .w. a'^T w.�'7-f_..n ..a .r.�.. ►... •-Y. .4 . "f"'�wx—• ��ti. 5. information. The City shall provide the Counly with all information concerning the City which theCounty requires to prepare the application, including but not limited to a citizen participation plan, community development plan, community development program, housing assistance plan, and a community development budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the application due to the City's failure to supply information by the dates specified. 6. Compliance. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community-Development Block Grant prograrn and within the Target Areas. 8. Fund Distribution. The County shall distribute to the City a portion of the funds received under Title I of the Act for fiscal year 1978-1979 or the Fourth program year as approved by the Federal Department of Housing and Development for the undertaking of essential community development and housing assistance activities within the territorial limits of the City. The County shall not distribute to the City any funds received under said act if no essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. Where essential community development and housing assistance activities are to be undertaken within the territorial limits of the City, the funds to be distributed to the City shall be determined generally in accordance with the formula used by the U.S. Department of Housing and Urban Development in determining the County's entitlement as shown in Exhibit "A" attached hereto and incorporated herein by reference. All funds distributed to the City will be used solely for the purpose of carrying out essential community development and housing assistance activities. The County shall not be liable under any circumstances to the City for the failure of any activity contained in the County's application for block grants pursuant to Title I of the Housing and Community Development Act of !977 to be approved by file Secretary of Housing and Urban Development. When a distribution different than shown in Exhibit "A" is necessary to comply with Title I of the Act due to an activity being found ineligible or plainly inappropriate by HUD, the monies allocated-to said activity shall be distributed to the fund entitled "contingencies and/or unspecified local option activities" in the Fourth Year Budget as approved by HUD for redistribution to Fourth Year Program activities based on County priorities. 9. Effective & Termination Dates. This agreement shall go into effect as of the date shown in Section I. immediately upon the signature of both parties and shall continue in full force and effect through the Fourth approved community development program year covered by the County's 1978- 1979 or Fourth year application and so long as the essential community development and ►ousing assistance activities initiated under the Fourth approved one-year community development program are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Program Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of an application for funds for the Fifth program year. Should the County desire to qualify as an urban county for subsequent program years, the City shall have the option of choosing whether to continue its participation with the County. "v'�r'..`� '"'.Y'FSS^` `s r .,.. :.w.� ! w��,.,;•.'�r".'�'....:..' �.n ��. yi". r� _+-ti. ..•i, . ..+.� f`" '.i.' .F,r'?' �. ., r. II. Represen I a I ives. ` (a) The City designates or his or her deputy as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates County Administrator or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. zf� COU Y, F �A COSTA ,yV N. Y Eoi7���s or Town) By - ByE. L f��"ta.cctiLr Chairman, Board of Supervisors/ Mayor ATTEST: ATTEST: J. R. OLSSON, County Clerk and ex-officio Clerk-of the Board � -�. City Clerk v k&Z {/ �/[deputy � y H Ey,- i (SEAL) L� L)uK4 oto �r L y, REC-OMMENDED,F R APPROVAL: r�� E ��. }�• Bz /-'I L' p e Cou 'ty dminist •ator �7 Air By_ C- ounty Direct f Planning.` FORM APPROVAL AND CERTIFICATION: FORM APPROVAL AND CERTIFICATION: I certify that the terms and provisions of I certify that the terms and provisions of this agreement are fully authorized under this agreement are fully authorized under State and local law and this agreement is State and local law and this agreement is executed in accordance with all applicable executed in accordance with all applicable requirements of State and local law. requirements of State and local law. JOHN B. CLAUSEN By Deputy City Attorney 0045 . �v'•. .r r.~'�,:��!4''�`Y:�_,-+1�`?r,...::,-?-.;.. ,j?:f.$, F_.�.!tyir:�,,rt.`�a.r;e sa.� � .� >.'. x ' �1� , ,. ,..,.. . .:°"�1'}'..`.i�"-'r' '. Suggested Distribution of Community Development Block Grant Entitlement of Contra Costa County To Non-Entitlement Cities and Unincorporated Areas- The County's entitlement is based on the following formula, as set forth in HCDA 1977: E _ (P:Pa+2xl:la+O:Oo) :4xEa Where: E = Entitlement of Urban County Ea = Total Funds for Entitlement Units Allocated to-SMSA P = Population.of Urban County (participating units only) Pa = Population of All Entitlement Units in SMSA (Cities over 50,000 = urban counties) = Persons Below Poverty Level in Urban County (Participating units only) la = Persons Below Poverty Level in all Entitlement Units in SMSA 0 = Number of Housing Units with 1.01 Persons or More Per Room, for Urban County (participating units only) Oa = Number of Housing Units with 1.01 Persons or More Per Room, for All Entitlement Units in SMSA The County's entitlement will vary depending on which cities participate in the CD program for this year. Based upon an estimated $4.0 million entitlement for the County (if all non-entitlement cities join with the County to develop a CD prograrn for the unincorporated area and the cities) it is possible to use the above formula also to allocate the County's entitlement to participating units. Eb _ (Pb:P+2xlb:l+Ob:O) 4xE Where: E = Entitlement of Urban Contra Costa County = $4,000,000 Eb = Share of County Entitlement Applicable to City (b) P = Population of Contra Costa County (participating units only) Pb = Population of City (b) I = Persons Below Poverty Level in Contra Costa County (participating units only) Ib = Persons Below Poverty Level in City (b) 0 = Number of Housing Units with 1.01 or more Persons Pea Room in Contra Costa County (participating units only) G . Ob = Number of Persons in Housing Units with 1.01 Persons or More Per Room, for City .(b) Eb to be reduced approximately 5% to cover County's cost of Application and prograrn administration. 11/9/77 +:J-.`. � iv��cr"�e'*\'3',,J.i�`► �'M`"4., �"'� �5�<'�. y ,,.. �' ��,�;, r :-s .^'.a�.. .4..d, _ - t*:., 7, -�.^--. COOPERATION AGREE=MENT, H.C.D.A. 1977 (County and City of Lafayette ) I. Parties & Date. Effective on December 6, 1977_ , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF Lafayette , being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1977 (hereinafter called "Act"). Title I of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose 1970 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under state law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Eleven cities in the County of Contra Costa have a 1970 Census population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined 1970 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing, hereinafter called "prograrn", in fiscal year 1978-1979 or the Fourth program year in compliance with the application for Community Development Block Grant Funds, as approved by the' Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. 4. Activities. Essential community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated within Title I of the Act and the regulations issued thereto, which are to be included within a three-year development plan and one- year community development program as adopted by the Board of Supervisors of the County as part of an application for block grants pursuant to said Act and are approved by the Secretary of Housing and Urban Development, including urban renewal and publicly assisted housing activities. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title I of the Act. Said obligations and responsibilities include the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the one-year community development program and the assurances or certifications. 00458 Microfilmed with board order .�W+. Cn-..•--.-��.,,�..:. ,1 S. Information. the City shall provide the Colony :vilh all information concerning the City which the County requires to prepare the application, including but not limited to a citizen participation plan, community development plan, community development program, housing assistance plan, and a community development budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the application due to the City's failure to supply information by the dates specified. 6. Compliance. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7, Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant prograrn and within the Target Areas. 8. Fund Distribution. The County shall distribute to the City a portion of the funds received under Title I of the Act for fiscal year 1978-1979 or the Fourth program year as approved by the Federal Department of Housing and Development for the undertaking of essential community development and housing assistance activities within the territorial limits of the City. The County shall not distribute to the City any funds received under said act if no essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. Where essential community development and housing assistance activities are to be undertaken within the territorial limits of the City, the funds to be distributed to the City shall be determined generally in accordance with the formula used by the U.S. Department of Housing and Urban Development in determining the County's entitlement as shown in Exhibit "A" attached hereto and incorporated herein by reference. All funds distributed to the City will be used solely for the purpose of carrying out essential community development and housing assistance activities. The County shall not be liable under any circumstances to the City for the failure of any activity contained in the County's application for block grants pursuant to Title I of the Housing and Community Development Act of 1977 to be approved by the Secretary of Housing and Urban Development. When a distribution different than shown in Exhibit "A" is necessary to comply with Title I of the Act due to an activity being found ineligible or plainly inappropriate by HUD, the monies allocated-to said activity shall be distributed to the fund entitled "contingencies and/or unspecified local 6ption activities" in the Fourth Year Budget as approved by HUD for redistribution to Fourth Year Program activities based on County priorities. 9. Effective & Termination Dates. This agreement shall go into effect as of the date shown in Section I. immediately upon the signature of both parties and shall continue in full force and effect through the Fourth approved community development program year covered by the County's 1978- 1979 or Fourth year application and so long as the essential community development and housing assistance activities initiated under the Fourth approved one-year community development program are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Program Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of an application for funds for the Fifth program year. Should the County desire to qualify as an urban county for subsequent program years, the City shall have the option of choosing whether to continue its participation with the County. 00459- . II. Representatives. (a) The City designates the City Manager or his or her deputy as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates County Administrator or his or tier deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State low, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. COUNT 9RCO A COSTA CITY OF LAFAYETTE / c j(Cit Vown) E3 '/� ' /�Lam'��' ?�l-`"� B y Chairman, Board of Superviso � �^'S y Mayor ATTEST: ATTEST: J. R. OLSSON, County Clerk and ex-officio Clerk of the Board cx �.�.".Y��.• �_ City Clerk eputy (SEAL) (SEAL) RECOMMENDEOIt APPROVAL: Co-city dmini fdtor Bya- ✓,1--/'Co0nty Dire t r of Planning FORM APPROVAL AND CERTIFICATION: FORM APPROVAL AND CERTIFICATION: I certify that the terms and provisions of I certify that the terms and provisions of this agreement are fully authorized under this agreement are fully authorized under State and local low and this agreement is State and local law and this agreement is executed in accordance with all applicable executed in accordance with all applicable requirements of State and local law. requirements of State and local law. JOHN B. CLAUSEN Deputy City At torney 00468:. ::�t �S7C�-'i'�..�,.,7,'f+����7:..;ry.,1�;.,s4�.�.��.��.-,-�'r,�r�-JT�—...:a.-;i�,T��'-�;.•+-.-.fir ;"'.'..:. .. . ,.n ;�r.^�'-•�`•,�:*-^,rte:-. ti Suggested Distribution of Community Development Block Grant Entitlement of Contra Costa County To Non-Entitlement Cities and Unincorporated Areas The County's entitlement is based on the following formula, as set forth in HCDA 1977: E _ (P:Pa+2xl:la+O:Oo) :4xEo Where: E = Entitlement of Urban County Ea = Total Funds for Entitlement Units Allocated to SMSA P = Population of Urban County (participating units only) Pa = Population of All Entitlement Units in SMSA (Cities over 50,000 = urban counties) 1 = Persons Below Poverty Level in Urban County (Participating units only) la = Persons Below Poverty Level in all Entitlement Units in SMSA 0 = Number of Housing Units with 1.01 Persons or More Per Room, for Urban County (participating units only) Oa = Number of Housing Units with 1.01 Persons or More Per Room, for All Entitlement Units in SMSA The County's entitlement will vary depending on which cities participate in the CD program for this year. Based upon an estimated $4.0 million entitlement for the County (if all non-entitlement cities join with the County to develop a CD program for the unincorporated area and the cities) it is possible to use the above formula also to allocate the County's entitlement to participating units. Eb = (Pb:P+2xlb:l+Ob:O) LFxE Where: E = Entitlement of Urban Contra Costa County = $4,000,000 Eb = Share of County Entitlement Applicable to City (b) P = Population of Contra Costa County (participating units only) Pb = Population of City (b) I = Persons Below Poverty Level in Contra Costa County (participating units only) Ib = Persons Below Poverty Level in City (b) 0 = Number of Housing Units with 1.01 or more Persons Pei Room in Contra Costa County (participating units only) L . Ob = Number of Persons in Housing Units with 1.01 Persons or More Per Room, for City •(b) Eb to be reduced approximately 5`;o to cover County's cost of Application and program administration. 11/9/77 .0046-1 ~ 1►' .d'�L'l'J!Y.* �.;: ��+, t-+r— :,�7r.► �i�. ri�..a.: - ..,ri;���b ice, ti✓ j� :.. r' E`':. �z ° ,-77"q _ COOPERATION AGREEMENT, H.C.D.A. 1977 (County and City of Martinez ) I. Parties & Date. Effective on _December 6_ 1977 , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF Marr•nom e7 , being a municipal corporation of the State of California, and Located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1977 (hereinafter called "Act"). Title I of the Act consolidates 'previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title I makes available entitlement grants to (1) cities whose 1970 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under state law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Eleven cities in the County of Contra Costa have a 1970 Census population of less than 50,000. Certain of these some cities may join with the County of Contra Costa to form a combined 1970 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing, hereinafter called "program", in fiscal year 1978-1979 or the Fourth program year in compliance with the application for Community Development Block Grant Funds, as approved by the' Federal Department of !-lousing and Urban Development (HUD) and as provided in this agreement. 4. Activities. Essential community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated within Title I of the Act and the regulations issued thereto, which are to be included within a three-year development plan and one- year community development program as adopted by the Board of Supervisors of the County as part of an application for block grants pursuant to said Act and are approved by the Secretary of Housing and Urban Development, including urban renewal and publicly assisted housing activities. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title I of the Act. Said obligations and responsibilities include the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the one-year community development program and the assurances or certifications. 00462 Mia ofilmed with board order ,5. Information. The City shall provide: tlw County with all information concerning the City which the County requires to prepare the application, including but not limited to a citizen participation plan, community development plan, community development program, housing assistance plan, and a community development budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the application due to the City's failure, to supply information by the dates specified. 6. Compliance. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type frorn any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with file Community Development Block Grant program and within the Target Areas. 8. Fund Distribution. The County shall distribute to the City a portion of the funds received under Title I of the Act for fiscal year 1978-1979 or the Fourth prograrn year as approved by the Federal Department of Housing and Development for the undertaking of essential community development and housing assistance activities within the territorial limits of the City. The County shall not distribute to the City any funds received under said act if no essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. Where essential community development and housing assistance activities are to be undertaken within the territorial limits of the City, the funds to be distributed to the City shall be determined generally in accordance with the formula used by the U.S. Department of Housing and Urban Development in determining the County's entitlement as shown in Exhibit "A" attached hereto and incorporated herein by reference. All funds distributed to the City will be used solely for the purpose of carrying out essential community development and housing assistance activities. The County shall not be liable under any circumstances to the City for the failure of any activity contained in the County's application for block grants pursuant to Title I of the Housing and Community Development Act of 1977 to be approved by the Secretary of Housing and Urban Development. When a distribution different than shown in Exhibit "A" is necessary to comply with Title I of the Act due to an activity being found ineligible or plainly inappropriate by HUD, the monies allocated-to said activity shall be distributed to the fund entitled "contingencies and/or unspecified local option activities" in the Fourth Year Budget as approved by HUD for redistribution to Fourth Year Program activities based on County priorifies. 9. Effective & Termination Dates. This agreement shall go into effect as of the date shown in Section I. immediately upon the signature of both parties and shall continue in full force and effect through the Fourth approved community development program year covered by the County's 1978- 1979 or Fourth year application and so long as the essential cornmunity development and housing assistance activities initiated under the Fourth approved one-year community development program are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Program Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of an application for funds for the Fifth program year. Should the County desire to qualify as an urban county for subsequent program years, the City shall have the option of choosing whether to continue its participation with the County. 00463 II. Representatives. (a) The City designates DOUGLAS MEYER or his or her deputy as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates County Administrator or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. COUNT OF, 0 /f COSTA CIT MARTINEZ (City or own) BY � Chairman, Board of Supervisors ' gre3' or ATTEST: ATTEST: J. R. OLSSON, County Clerk and ex off' _ io Clerk of th oard City Clerk Deputy (SEAL) (SEAL) RECOMM �NDE Pf APPROVAL: By Coun y Admini trator rr` By s_ Co'un. y Dire toof Planng' . FORM APPROVAL AND CERTIFICATION: FORM APPROVAL AND CERTIFICATION: I certify that the terms and provisions of I certify that the terms and provisions of this agreement are fully authorized under this agreement are fully authorized under State and local law and this agreement is State and local law and this agreement is executed in accordance with all applicable executed in accordance with all applicable requirements of State and local law. requirements of State and local law. JOHN B. CLAUSEN 0-57 Deputy � :City torney 006747 1}•f�•\\,1,� ~��F.-�Mr: .. s...t `<'�ik�i +�'�_�;•1.':�i�'1►r- ..-. . . .`•�r'i�'-y-.s_�" + ,. .. . . .., - e ' Suggested Distribution of Community Development Block Grant Entitlement of Contra Costa County To Non-Entitlement Cities and Unincorporated Areas The County's entitlement is based on the following formula, as set forth in HCDA 1977: E _ (P:Pa+2xl:la+O:Oa) :4xEa Where: E = Entitlement of Urban County Ea = Total Funds for Entitlement Units Allocated to SMSA P = Population of Urban County (participating units only) Pa = Population of All Entitlement Units in SMSA (Cities over 50,000 = urban counties) I = Persons Below Poverty Level in Urban County (Participating units only) la _ = Persons Below Poverty Level in all Entitlement Units in SMSA 0 = Number of Housing Units with 1.01 Persons or More Per Room, for Urban.County (participating units only) Oa = Number of Housing Units with 1.01 Persons or More Per Room, for All Entitlement Units in SMSA The County's entitlement will vary depending on which cities participate in the CD program for this year. Based upon an estimated $4.0 million entitlement for the County (if all non-entitlement cities join with the County to develop a CD program for the unincorporated area and the cities) it is possible to use the above formula also to allocate the County's entitlement to participating units. Eb = (Pb:P+2xlb:l+Ob:O) 4xE Where: E = Entitlement of Urban Contra Costa County = $4,000,000 Eb = Share of County Entitlement Applicable to City (b) P = Population of Contra Costa County (participating units only) Pb = Population of City (b) I = Persons Below Poverty Level in Contra Costa County (participating units only) Ib = Persons Below Poverty Level in City (b) 0 = Number of Housing Units with 1.01 or more Persons Per Room in Contra Costa County (participating units only) Ob = Number of Persons in Housing Units with 1.01 Persons or More Per Room, for City .(b) Eb to be reduced approximately 5% to cover County's cost of Application and program administration. 11/9/77 +"•z a t-•�':: u''''17v% ih• -,.�- -•-+..�-,i'RI=:'. .w..�.:..h ? P., •T i'�r.+:'... ,�,y;¢.t-?71 ..x` 1.... . � �,y�, r COOPERATION AGREEMENT, H.C.D.A. 1977 (County and City of Moraga ) 1. Parties & Date. Effective on December 6, 1977 , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF TOWN OF MORAGA , being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and prornise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1977 (hereinafter called "Act"). Title I of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title I makes available entitlement grants to (1) cities whose 1970 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under state law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Eleven cities in the County of Contra Costa have a 1970 Census population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined 1970 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-narned City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing, hereinafter called "program", in fiscal year 1978-1979 or the Fourth program year in compliance with the application for Community Development Block Grant Funds, as approved by the' Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. 4. Activities. Essential community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated within Title I of the Act and the regulations issued thereto, which are to be included within a three-year development plan and one- year community development program as adopted by the Board of Supervisors of the County as part of an application for block grants pursuant to said Act and are approved by the Secretary of Housing and Urban Development, including urban renewal and publicly assisted housing activities. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an'applicant under Title I of the Act. Said obligations and responsibilities include the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the one-year community development program and the assurances or certifications. Microfilmed with board order 0046S ..—�'�s."''--�c:r-v�atsa�*rc---c--.---sRSt�c�-.. ..... .-c-m- - -- .r,• ..�--R•----�--.- S. Information. The City shall provide the County with all infornintion concerning the City which the County requires to prepare file application, including but not limited to a citizen participation plan, community development plan, community development program, housing assistance plan, and a community development budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the application due to the City's failure to supply information by the dates specified. 6. Compliance. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Prograrn in conjunction with the Community Development Block Grant program and within the Target Areas. 8. Fund Distribution. The County shall distribute to the City a portion of the funds received under Title I of the Act for fiscal year 1978-1979 or the Fourth program year as approved by the Federal Department of Housing and Development for the undertaking of essential community development and housing assistance activities within the territorial limits of the City. The County shall not distribute to the City any funds received under said act if no essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. Where essential cornmunity development and housing assistance activities are to be undertaken within the territorial limits of the City, the funds to be distributed to the City shall be determined generally in accordance with the formula used by the U.S. Department of Housing and Urban Development in determining the County's entitlement as shown in Exhibit "A" attached hereto and incorporated herein by reference. All funds distributed to the City will be used solely for the purpose of carrying out essential community development and housing assistance activities. The County shall not be liable under any circumstances to the City for the failure of any activity contained in the County's application for block grants pursuant to Title 1 of the Housing and Community Development Act of 1977 to be approved by the Secretary of Housing and Urban Development. When a distribution different than shown in Exhibit "A" is necessary to comply with Title I of the Act due to an activity being found ineligible or plainly inappropriate by HUD, the monies allocated-to said activity shall he distributed to the fund entitled "contingencies and/or unspecified local option activities" in the Fourth Year Budget as approved by HUD for redistribution to Fourth Year Program activities based on County priorities. 9. Effective & Termination Dates. This agreement shall go into effect as of the date shown in Section I. immediately upon the signature of both parties and shall continue in full force and effect through the Fourth approved community development progrorn year covered by the County's 1978- 1979 or Fourth year application and so long as the essential community development and housing assistance activities initiated under the Fourth approved one-year community development program are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent. Program Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of an application for funds for the Fifth program year. Should tiie County desire to qualify as an urban county for subsequent prograrn years, the City shall have the option of choosing whether to continue its participation with the County. �'+',1c' -�,,• -�'S.;.ty- r ;'• r ;.-c•-7ry r+-♦ r ,�—^r ^--'ti: �.,_ ;r;,� �. -i-rwy- r,A• , II. Representatives. (a) The City designates TOWN MANAGER or his or her deputy as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates County Administrator or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. COUNTY ;,SCO ' COSTA W TOWN OF MORAGA �/ . Boggess c.� (City or Town) 13 B Chairman, Board of Supervisors„ Mayor O ATTEST: ATTEST: J. R. OLSSON, County Clerk and ex-officio Clerk of the Board City Clerk Deputy (SEAL) (SEAL) RECOM N D FOR APPROVAL- By County dminist'rator By I L- j"Counrty Director of Planning/ FORM APPROVAL AND CERTIFICATION: FORM APPROVAL AND CERTIFICATION: I certify that the terms and provisions of I certify that the terms and provisions of this agreement are fully authorized under this agreement are fully authorized under State and local law and this agreement is State and local law and this agreement is executed in accordance with all applicable executed in accordance with all applicable requirements of State and local law. requirements of State and local law. JOHN B. CLAUSEN By;� �2 & Deputy City Attorney �`i{�S:-�:X�.. ..'��.,�T ,.^^i-+.ac�fi� :{F�,ti.-a' 1�.^. -� '•y, , {�Zh`-,/ *.J�- err- `j/ ,�. r•iY`i':or•.�}-,.r`'... 'i:.- t. .:r '. ,w Suggested Distribution of Community Development Block Grant Entitlement of Contra Costa County To Non-Entitlement Cities and Unincorporated Areas The County's entitlement is based on the following formula, as set forth in HCDA 1977: E _ (P:Pa+2xl:la+O:Oo) :4xEa Where: E = Entitlement of Urban County Ea = Total Funds for Entitlement Units Allocated to SMSA P = Population of Urban County (participating units only) Pa = Population of All Entitlement Units in SMSA (Cities over 50,000 = urban counties) Persons Below Poverty Level in Urban County (Participating units only) la = Persons Below Poverty Level in all Entitlement Units in SMSA 0 = Number of Housing Units with 1.01 Persons or More Per Room, for Urban County (participating units only) Oa = Number of Housing Units with 1.01 Persons or More Per Room, for All Entitlement Units in SMSA The County's entitlement will vary depending on which cities participate in the CD program for this year. Based upon an estimated $4.0 million entitlement for the County (if all non-entitlement cities join with the County to develop a CD program for the unincorporated area and the cities) it is possible to use the above formula also to allocate the County's entitlement to participating units. Eb (Pb:P+2xlb:l+Ob:O) 4xE Where: E = Entitlement of Urban Contra Costa County = $4,000,000 Eb = Share of County Entitlement Applicable to City (b) P = Population of Contra Costa County (participating units only) Pb = Population of City (b) I = Persons Below Poverty Level in Contra Costa County (participating units only) Ib = Persons Below Poverty Level in City (b) 0 = Number of Housing Units with 1.01 or more Persons Per Room in Contra Costa County (participating units only) Ob = Number of Persons in Housing Units with 1.01 Persons or More Per Room, for City .(b) Eb to be reduced approximately 5% to cover County's cost of Application and program administration. 1119177 00469 COOPERATION AGREEMENT, H.C.D.A. 1977 (County and City of Pinole ) I. Parties & Date. Effective on December 6, 1977 , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF Pinole , being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinofter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1977 (hereinafter called "Act"). Title I of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal,.- model enewal,:model cities and rehabilitation loans. Also, Title I makes available entitlement grants to (1) cities whose 1970 Census population exceeds 50,000 persons, and (2) counties who qualify as on urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under state law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) Inas a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertbke or to assist in the undertaking of essential community development and housing assistance activities. Eleven cities in the County of Contra Costa have a 1970 Census population of less than 50,000. Certain of these some cities may join with the County of Contra Costa to form a combined 1970 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for on entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorpQroted area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in underiaking, essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing, hereinafter called "program", in fiscal year 1978-1979 or the Fourfh program year in compliance with the application for Community Development Block Grant Funds, as approved by the' Federal Department -of Housing and Urban Development (HUD) and as provided in this agreement. -4. Activities. Essential community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated within Title l of the Act and the regulations issued thereto, which are to be included within a three-year development plan and one- year community development program as adopted by the Hoard of Supervisors of the County as pari of an application for block grants pursuant to said Act and are approved by the Secretary of Housing and Urban Development, including urban renewal and publicly assisted housing activities. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title I of the Act. Said obligations and responsibilities include the analysis of needs, the setting of objectives, the development of community development and housing assisfance plans, the one-year community development program and the assurances or certifications. Microfilmed with board order. 004'"10 1 S. Information. The City shall provide the County with all information concerning the City which the County requires to prepare the application, including but not limited to a citizen participation plan, community development plan, community development program, housing assistance plan, and a community development budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the application due to the City's failure to supply information by the dates specified. 6. Compliance. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and Evill provide the- County with alf_ records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type frorn any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the . Community Development Block Grant program and within the Target Areas.. 8. Fund Distribution. The County shall distribute to the City a portion of the funds received under Title I of the Act for fiscal year 1978-1979 or the 1=ourlh program year as approved by the Federal Department of Housing and Development for the undertaking of essential community development and housing assistance activities within the territorial limits of the City. The County shall not distribute to the City any funds received under said act if no essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. Where essential community development and housing assistance activities are to be undertaken within the territorial limits of the City, the funds to be distributed to the City shall be determined generally in accordance with the formula used by the U.S. Department of Housing and Urban Development in determining the County's entitlement as shown in Exhibit "A" attached hereto and incorporated herein by reference. All funds distributed to the City will be used solely for the purpose of carrying out essential community development and housing assistance activities. The County shall not be liable under any circumstances to the City for the failure of any activity contained in the County's application for block grants pursuant to Title I of the Housing and Community Development Act of 1977 to be approved by the Secretary of Housing and Urban Development. .When a distribution different than shown in Exhibit "A" is necessary to comply with Title I of the Act due to an activity being found ineligible or plainly inappropriate by HUD, the monies ollocaLed-to said activity shall be distributed to the fund entitled "contingencies and/or unspecified local option activities" in the Fourth Year Budget as approved by HUD for redistribution to Fourth Year Program activities based on County priorifies. . 9. Effective & Termination-Dates. This agreement shall go info effect as of the date shown in Section 1. immediately upon the signature of both parties and shall continue in full force and effect through the Fourth approved community development prograrn year covered by the County's 1978- 1979 or Fourth year application and so long as the essential community, development and housing assistance activities initiated under the Fourth approved one-year community development program are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Program Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of on application for funds for the Fifth program year. Should the County desire to qualify as an urban county for subsequent program years, the City shall have the option of choosing whether to continue its participation with the Coun ty. 00411` r r (a) The City designates or his or her deputyc cis Ilic official t cil no.-ices and co,nrr:unicetion fro;, the County concerning any matter discussed herein or reievcnt to this agreement should be directed. o The Coun;y designutes County Administrator or his or her deputy cis the official to whom e!: nc:ices end corm+,unicatior. from tine City concerning any matter discussed herein or relevant to trs:s agreernent shou!d be dir ccted. COQ. COSTA A Pinole / t (U�Iy r I own -s B 7 1/12 al Ciicirm-an, aocrc of Supervisors i,.[iyor 1 ' H- I-EST: p/ -EST: OLSSCi,,,, County Cler!< and ex-officio Clerk of the Board ? Cit'; k L)QPU t y . (SEALS (SEAL) APPROVAL: Cou ty Adrnitlist ator Cou�ity Direc r of 131ri,I yrg AiDPROVAL AND C:ERTIFICAIfIGN: FORM APPROVAL AND CERTIF�CA I ;cJi ! cr.rtify :hat the terms and ;provisions of I certify that the terms and provisions of this agreement are fully auth6rized under this agreement are fully authorized under 5�.::te and, local law and this agreement is Stag: and local .law and this agrecrnent is execu'ed in accordance with all applicable execlrted in accordance wish all applicable requirements of State and local law. requirements of State and iocal law. t JOHN 131. CLAUSEN Depu ? City Attorne 00472 72 _- . .Suggested Distribution of Community Development Block Grant Entitlement of Contra Costa County To Non-Entitlement Cities and Unincorporated Areas The County's entitlement is based on the following formula, as set forth in HCDA 1977: E' _ (P:Po+2xl:la+O:Oo) :4xEo Where: E = Entitlement of Urban County Ea = Total Funds for Entitlement Units Allocated to SMSA P = Population of Urban County (participating units only) Pa = Population of All Entitlement Units in SMSA (Cities over 50,000 = urban counties) 1 = Persons Below Poverty Level in Urban County (Participating units only) la = Persons Below Poverty Level in all Entitlement Units in SMSA 0 = Number of Housing Units with 1.01 Persons or More Per Room, for Urban County (participating units only) Oa = _ Number of Housing Units with 1.01 Persons or More Per Room, for All Entitlement . Units in SMSA The County's entitlement will vary depending on which cities participate in the CD prograrn for this year. Based upon an estimated $4.0 million entitlement for the County (if all non-entitlement cities join with the County to develop a CD program for the unincorporated area and the cities) it is possible to use the above formula also to allocate the County's entitlement to participating.units. Eb = (Pb:P+2xib:I+Ob:O) 4xE Where: E = Entitlement of Urban Contra Costa County = $4,000,000 Eb = Share of County Entitlement Applicable to City (b) P = Population of Contra Costa County (participating units only) Pb = Population of City (b) 1 = Persons Below Poverty Level in Contra Costa County (participaling units only) Ib = Persons Below Poverty Level in City (b) 0 = Number of Housing Units with 1.01 or more Persons Per Room in Contra Costa County (participating units only) �- .. Ob = Number of Persons in Housing Units with 1.01 Persons or More Per Room, for City •(b) Eb to be reduced approximately 5% to cover County's cost of Application and program administration. 1119/77 ' 04 73 COOPERATION AGR0:_7MENT, H.C_D.A. 1977 (County and City of Pleasant Hill 1. Parties & Date. Effective on december 6. 1977 the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF Pleasant Hill , being o municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1977 (hereinafter called "Act"). Title I of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title I makes available entitlement grants to (1) cities whose 1970 Census population exceeds 50,000 persons, and (2) counties who qualify as on urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under state law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Eleven cities in the County of Contra Costa have a 1970 Census population of less than 50,000. Certain of these some cities may join with the County of Contra Costa to form a combined 1970 Census population .of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing, hereinafter called "program'; in fiscal year 1978-1979 or the Fourth program year in compliance with the application for Community Development Block Grant Funds, as approved by the Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. 4. Activities. Essential community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated within Title I of the Act and the regulations issued thereto, which are to be included within a three-year development plan and one- year community development program as adopted by the Board of Supervisors of the County as part of an application for block grants pursuant to said Act and are approved by the Secretary of Housing and Urban Development, including urban renewal and publicly assisted housing activities. It is hereby recognized and agreed that the County must take the full responsibility and assume all obliga#.ions of an applicant under Title I of the Act. Said obligations and responsibilities include the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the one-year community development program and the assurances or certifications. . i 004A Microfilmed with board order S. InformaIion. The City shall provid(: the ComiIy with afI informoIion concerning the City which the County requires to prepare the application, including but riot limited to a citizen participation plan, cornmunity'development plan, community development program, housing assistance plan, and a community development budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the application due to the City's failure to supply information by the dates specified. - 6. Compliance. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shalt be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant prograrn and within the Target Areas. 8. Fund Distribution. The County shall distribute to the City a portion of the funds received under Title I of the Act for fiscal year 1978-1979 or the Fourth program year as approved by the Federal Department of Housing and Development for the undertaking of essential community development and housing assistance activities within the territorial limits of the City. The County shall not distribute to the City any funds received under said act if no essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. Where essential commgnity development and housing assistance activities are to be undertaken within the territorial limits of the City, the funds to be distributed to the City shall be determined generally in accordance with the formula used by the U.S. Department of Housing and Urban Development in determining the County's entitlement as shown in Exhibit "A" attached hereto and incorporated herein by reference. All funds distributed to the City will be used solely for the purpose of carrying out essential community development and housing assistance activities. The County shall not be liable under any circumstances to the City for the failure of any activity contained in the County's application for block grants pursuant to Title I of the Housing and Community Development .,ct of 1977 to be approved by the Secretary of Housing and Urban Development. When a distribution different than shown in Exhibit "A" is necessary to comply with Title I of the Act due to an activity being found ineligible or plainly inappropriate by HUD, the monies allocated-to said activity shall be distributed to the fund entitled "contingencies and/or unspecified local option activities" in the Fourth Year Budget as approved by HUD for redistribution to Fourth Year Program activities based on County priorities. 9. Effective & Termination Dates. This agreement shall go into effect as of the date shown in Section 1. immediately upon the signature of both parties and shall continue in full force and effect through the Fourth approved community development program year covered by the County's 1978- 1979 or Fourth year application and so long as the essential community development and housing assistance activities initiated under the Fourth approved one-year community development program are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Program Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of an application for funds for the Fifth program year. Should the County desire to qualify as an urban county for subsequent program years, the City shall have the option of choosing whether to continue its participation with the County. 00 iJ j p -s �r-c.,-c'.1 s`.r. .'`tL '� p'r .. . - ..J• Y '{^'' f.�•y�t:�s.. tea_. ,r,°..�S".-- "" ... ��. �,1" �''� ...:ri+'^r' �� .`'.�r:'�,:1=ice ".• .�. .+' If. Represenialives, (a) The City designates -Jyv�<'S , A I �t YQ_�or his or her deputy as the officio( to whom all notices and communication from the County concerning any matter discussed herein or relevant to Phis agreement should be directed. (b) The County designates County Administrator or his or her deputy as the official to whom all notices and communication frorn the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. . COUNT OF C COSTA City of Pleasant Hill N l? (City Town) By Chairman, Board of Supervi br f City Manager ATTEST: ATT ST: , J. R. OLSSON, County Clerk and ex-officio Clerk of the Board Deputy City Clerk �J�2oz7,— ay /, eputy (SEAL) (SEAL) RECOM '�i�DE ,FO PPROVAL: Count d' inistrator Bya— �` �,C- nth Diregtor of Planning' r FORM APPROVAL AND CERTIFICATION: FORM APPROVAL AND CERTIFICATION: I certify that the terms and provisions of I certify that the terms and provisions of this agreement are fully authorized under this agreement are fully authorized under State and local law and this agreement is Stale and local law and this agreement is executed in accordance with all applicable executed in accordance with all applicable requirements of State and local law. requirements of State and local law. JOHN B. CLAUSEN Deputy / City Attorneys 0040 '�./t�j_ .��t t�.�. "1!7�.r:..i%:•..�1y.��►„ .... .��o+�,` - t -�� .. _ !•y.`. • .���t_,,t...t: .t. 77. Suggested Distribution of Community Development Block Grant Entitlement of Contra Costa County To Non-Entitlement Cities and Unincorporated Areas The County's entitlement is based on the following formula, as set forth in HCDA 1977: E _ (P:Pa+2xl:la+O:Oa) :4xEa Where: E = Entitlement of Urban County Ea = Total Funds for Entitlement Units Allocated to SMSA P = Population of Urban County (participating units only) Pa = Population of All Entitlement Units in SMSA (Cities over 50,000 = urban counties) I = Persons Below Poverty Level in Urban County (Participating units only) la = Persons Below Poverty Level in all Entitlement Units in SI-ASA 0 = Number of Housing Units with 1.01 Persons or More Per Room, for Urban County (participating units only) Oa = Number of Housing Units with 1.01 Persons or More Per Room, for All Entitlement Units in ShISA The County's entitlement will vary depending on which cities participate in the CD program for this year. Based upon an estimated $4.0 million entitlement for the County (if all non-entitlement cities join with the County to develop a CD program for the unincorporated area and the cities) it is possible to use the above formula also to allocate the County's entitlement to participating units. Eb = (Pb:P+2xlb:I+Ob:O) 4xE Where: E = Entitlement of Urban Contra Costa County = $4,000,000 Eb = Share of County Entitlement Applicable to City (b) P = Population of Contra Costa County (participating units only) Pb = Population of City (b) I = Persons Below Poverty Level in Contra Costa County (participating units only) Ib = Persons Below Poverty Level in City (b) 0 = Number of Housing Units with 1.01 or more Persons Per Room in Contra Costa County (participating units only) Ob = Number of Persons in Housing Units with 1.01 Persons or More Per Room, for City (b) Eb to be reduced approximately 5% to cover County's cost of Application and prograrn administration. 11/9/77 004 1 t L COOPERATION AGREEMENT, H.C.D.A. 1977 (County and City of San Pablo ) I. Parties & Date. Effective on _December 6, 1977 the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF s n P a h 1 0 , being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1977 (hereinafter called "Act"). Title I of the Act consolidates previously separate grant prograrns for open space, public facility loons, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title 1 makes available entitlement grants to (1) cities whose 1970 Census population exceeds 50,000 persons, and (2) counties who qualify as on urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under state law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Eleven cities in the County of Contra Costa have a 1970 Census population of less than 50,000. Certain of these same cities may join with the County of Contra Costa to form a combined 1970 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. t The County and the above-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it. is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. Cooperation. The City and County will cooperate in undertaking, or assisting in undertaking, essential community development and housing assistance activities, specifically urban renewal and . publicly assisted housing, hereinafter called "prograrn", in fiscal year 1978-1979 or the Fourth program year in compliance with the application for Community Development Block Grant Funds, as approved by the' Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. 4. Activities. Essential community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated within Title I of the Act and the regulations issued thereto, which are to be included within a three-year development plan and one- year community development program as adopted by the Board of Supervisors of the County as part of an application for block grants pursuant to said Act and are approved by the Secretary of Housing and Urban Development, including urban renewal and publicly assisted housing activities. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title I of the Act. Said obligations and responsibilities include the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the one-year cornmunity development program and the assurances or certifications. 004 is Microfilmed with board order •—^.I�'. - "L�.. ,Na :•i....•�• Fy..,y.. .fes k 7i_ .. .. ,...R"�'�r�;'r, ... �- " .. S. Information. The City shall provide the County with all information concerning the City which the County requires to prepare the application, including but not limited to a citizen participation plan, community development plan, community development program, housing assistance plan, and a community development budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the application due to the City's failure to supply information by the dates specified. 6. Compliance. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the prograrn for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising frorn or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant prograrn and within the Target Areas. 8. Fund Distribution. The County shall distribute to the City a portion of the funds received under Title I of the Act for fiscal year 1978-1979 or the F=ourth program year as approved by the Federal Department of Housing and Development for the undertaking of essential community development and housing assistance activities within the territorial limits of the City. The County shall not distribute to the City any funds received under said act if no essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. Where essential community development and housing assistance activities are to be undertaken within the territorial limits of the City, the funds to be distributed to the City shall be determined generally in accordance with the formula used by the U.S. Department of Housing and Urban Development in determining the County's entitlement as shown in Exhibit "A" attached hereto and incorporated herein by reference. All funds distributed to the City will be used solely for the purpose of carrying out essential community development and housing assistance activities. The County shall not be liable under any circumstances to the City for the failure of any activity contained in the County's application for block grants pursuant to Title I of the Housing and Community Development Act of 1977 to be approved by the Secretary of Housing and Urban Development. When a distribution different than shown in Exhibit "A" is necessary to comply with Title I of the Act due to an activity being found ineligible or plainly inappropriate by HUD, the monies allocated-fo said activity shall be distributed to the fund entitled "contingencies and/or unspecified IocaF option activities" in the Fourth Year Budget as approved by HUD for redistribution to Fourth Year Prograrn activities based on County priorities. 9. Effective & Termination Dates. This agreement shall go into effect as of the date shown in Section 1. immediately upon the signature of both parties and shall continue in full force and effect through the Fourth approved community development program year covered by the County's 1978- 1979 or Fourth year application and so long as the essential community development and housing assistance activities initiated under the Fourth approved one-year community development program are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Program Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of an application for funds for the Fifth program year. Should the County desire to qualify as an urban county for subsequent prograrn years, the City shall have the option of choosing whether to continue its participation with the County. 004 79 .`w•- r/r"+ -•ice•"+_:'jy��,`�''t:.�: �t..."`F. '�-'�'�^,��;*,,.�,_"��-�'•f -. .-•:.:.- ,':�: -• "-'."-�:r;''�,f-;••-•--•-'� _. ',. .. . . .- , II. Representatives. (a) The City designates "City-Man�9er ., or his or her deputy as the official. to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) . The County designates County Administrator or his or her deputy as the official to whom all notices -and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. COU Y. F` tV COSTA r iT/o ,�;�,ti/ PvB.yea (City or Town) llt� /17 Chairman, Board of Supervisors M6yor ATTEST: ATTEST: J. R. OLSSON, County Clerk and ex-officio Clerk of the Board City Clerk B Deputy� ,I (SEAL) (SEAL) RECOMM D D FO APPROVAL: By /' Cou ty dr inistrotor fou ty Director f Planning FORM APPROVAL AND CERTIFICATION: FORM APPROVAL AND CERTIFICATION: 1 certify that the terms and provisions of I certify that the terms and provisions of this agreement are fully authorized under this agreement are fully authorized under State and local law and this agreement is State and local law and this agreement 'is executed in accordance with all applicable executed in accordance with all applicable requirements of State and local law, requirements of State and local law. JOHN B. CLAUSEN By Deputy Cy Attorney 00480 '�.:•�J'I . ^'�. 1r r' .'��y1.,T,ti: i,3'i.��:• KI7� i«,.. T_ �- - / '� .vTy`l 1" + "')-o• 'f...�:. u +-a r" _"'.'�w.rrt,f:'y: 7: -T i ,,,. �:�� �;a� !""' � � -_r' �.� Suggested Distribution of Community Development Block Grant Entitlement of Contra Costa County To Non-Entitlement Cities and Unincorporated Areas The County's entitlement is based on the following formula, as set forth in HCDA 1977: E _ (P:Pa+2xl:la+O:Oa) :4xEa Where: E = Entitlement of Urban County Ea = Total Funds for Entitlement Units Allocated to SMSA P = Population of Urban County (participating units only) Pa = Population of All Entitlement Units in SMSA (Cities over 50,000 = urban counties) I = Persons Below Poverty Level in Urban County (Participating units only) la = Persons Below Poverty Level in all Entitlement Units in SMSA 0 = Number of Housing Units with 1.01 Persons or More Per Room, for Urban County (participating units only) Oa = Number of Housing Units with 1.01 Persons or More Per Room, for All Entitlement Units in SMSA The County's entitlement will vary depending on which cities participate in the CD program for this year. Based upon an estimated $4.0 million entitlew—nt for the County (if all non-entitlement cities join with the County to develop a CD program for the unincorporated area and the cities) it is possible to use the above formula also to allocate the County's entitlement to participating units. Eb = (Pb:P+2xlb:l+Ob:O) 4xL= Where: E - Entitlement of Urban Contra Costa County = $4,000,000 Eb = Share of County Entitlement Applicable to City (b) P = Population of Contra Costa County (participating units only) Pb = Population of City (b) I = Persons Below Poverty Level in Contra Costa County (participating units only) Ib = Persons Below Poverty Level in City (b) 0 = Number of Housing Units with 1.01 or more Persons Per Room in Contra Costa County (participating units only) Ob = Number of Persons in Housing Units with 1.01 Persons or More Per Room, for City •(b) Eb to be reduced approximately 5% to cover County's cost of Application and program administration. 11/9/77 00481 1 �t�:.r'�'1'�vwSi'�i1►?.�,� =.h"•'^�1',"t,�!:?��;.�"i...,r,\- �';.:•^`,."p.X`:'ir„^.�.�.S'Z.�7 :'Ts. COOPERATION AGRI=F=MLNT, H.C.D.A. 1977 (County and City of WALNUT CREEK ) I. Parties & Date. Effective on December 6, 1977 , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as the "County" and the INCORPORATED CITY OF WALNUT CREEK , being a municipal corporation of the State of California, and located within the boundaries of the County of Contra Costa, hereinafter referred to as "City", mutually agree and promise as follows: 2. Purpose. The Congress of the United States has enacted the Housing and Community Development Act of 1977 (hereinafter called "Act"). Title I of the Act consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans. Also, Title I makes available entitlement grants to (1) cities whose 1970 Census population exceeds 50,000 persons, and (2) counties who qualify as an urban county. The Act's term "urban county" means any county within a metropolitan area which (A) is authorized under state law to undertake essential community development and housing assistance activities in its unincorporated areas, which are not units of general local government, and (B) has a combined population of 200,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. Eleven cities in the County of Contra Costa have a 1970 Census population of less than 50,000. Certain of these some cities may join with the County of Contra Costa to form a combined 1970 Census population of 200,000 or more persons thereby qualifying as an urban county and be eligible for an entitlement of Community Development Block Grant Funds. The County and the obove-named City desire to engage in housing and community development activities as authorized under the Act. The County and the City do hereby find and determine that it is to the best interest of the residents of the unincorporated area of the County and the City that housing and community development activities be performed jointly in accordance with the provision of this agreement. 3. 'Cooperation' ooperation. The City and County will cooperate in undertaking, or assisting in undertaking, essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing, hereinafter called "prograrn", in fiscal year 1978-1979 or the Fourth program year in compliance with the application for Community Development Block Grant Funds, as approved by the' Federal Department of Housing and Urban Development (HUD) and as provided in this agreement. 4. Activities. Essential community development and housing assistance activities are hereby defined for purposes of this agreement to be those designated within Title I of the Act and the regulations issued thereto, which are to be included within a three-year development plan and one- year community development program as adopted by the Board of Supervisors of the County as part of an application for block grants pursuant to said Act and are approved by the Secretary of.f lousing and Urban Development, including urban renewal and publicly assisted housing activities. It is hereby recognized and agreed that the County must take the full responsibility and assume all obligations of an applicant under Title I of the Act. Said obligations and responsibilities include the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the one-year community development program and the assurances or certifications. Microfilmed with board order. �(.M82 5. Information. The City shall provide the County with all information concerning the City which the County requires to prepare the application, including but not limited to a citizen participation plan, community development plan, community development program, housing assistance plan, and a community development budget. All information required by the County shall be submitted in form prescribed by the County no later than the dates specified by the County. The County shall not be liable to the City for any failure to include the City in the application due to the City's failure to supply information by the dates specified. 6. Compliance. The City shall comply with all requirements of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto, with respect to the program within its boundaries, and will provide the County with all records, documents, certifications and other information necessary to prove compliance. All information shall be submitted in the form prescribed by the County. The City agrees to make available upon request all records concerning the program for inspection by County or Federal officials during regular business hours. 7. Indemnification. The City shall defend, save harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines, penalties, or damages of any type from any cause whatsoever arising from or connected with the City's failure to comply with any requirement of the Act and the regulations, guidelines, bulletins and circulars which have been and will be issued pursuant thereto or any City activity financed by funds granted hereunder pursuant to the Act. The provisions of this paragraph 7 shall be fully applicable in the event that the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant program and within the Target Areas. 8. Fund Distribution. The County shall distribute to the City a portion of the funds received under Title I of the Act for fiscal year 1978-1979 or the Fourth program year as approved by the Federal Department of Housing and Development for the undertaking of essential community development and housing assistance activities within the territorial limits of the City. The County shall not distribute to the City any funds received under said act if no essential community development and housing assistance activities are to be undertaken within the territorial limits of the City. Where essential community development and housing assistance activities are to be undertaken within the territorial limits of the City, the funds to be distributed to the City shall be determined generally in accordance with the formula used by the U.S. Department of Housing and Urban Development in determining the County's entitlement as shown in Exhibit "A" attached hereto and incorporated herein by reference. All funds distributed to the City will be used solely for the purpose of carrying out essential community development and housing assistance activities. The County shall not be liable under any circumstances to the City for the failure of any activity contained in the County's application for block grants pursuant to Title I of the Housing and Community Development Act of 1977 to be approved by the Secretary of Housing and Urban Development. When a distribution different than shown in Exhibit "A" is necessary to comply with Title I of the Act due to an activity being found ineligible or plainly inappropriate by HUD, the monies allocated-to said activity shall be distributed to the fund entitled "contingencies and/or unspecified local option activities" in the Fourth Year Budget as approved by HUD for redistribution to Fourth Year Program activities based on County priorifies. 9. Effective & Termination Dates. This agreement shall go into effect as of the date shown in Section I. immediately upon the signature of both parties and shall continue in full force and effect through the Fourth approved community development prograrn year covered by the County's 1978- 1979 or Fourth year application and so long as the essential community development and housing assistance activities initiated under the Fourth approved one-year community development program are being undertaken pursuant to this agreement. Except for the provisions of Section 7, this agreement shall expire as provided in this section. 10. Subsequent Program Years. Nothing in this agreement shall be construed as requiring the City to provide the County with any information necessary for the preparation of an application for funds for the Fifth program year. Should the County desire to qualify as an urban county for subsequent program years, the City shall have the option of choosing whether to continue its participation with the County, 00483 s�ti, `�'..!'!l'}e Mint'�.:..yr-'—.+.r-. ,*..—a•+�i,,,,...`^ � yia .. .,4 ._ .�✓'�. �s �S�' '�Ty4'.Sb:*�'..�� � '.^r.,:.,'^+;r•v+Klri ;,.... ,r-..��_. I I. Represen to t ives. (a) The City designates City Manager or his or her deputy as the official to whom all notices and communication from the County concerning any matter discussed herein or relevant to this agreement should be directed. (b) The County designates County Administrator or his or her deputy as the official to whom all notices and communication from the City concerning any matter discussed herein or relevant to this agreement should be directed. 12. Changes in Law or Regulations. Any change or amendment of Federal or State law, or regulations, concerning the subject matter of this agreement shall be deemed to be immediately incorporated in the agreement and fully effective as if set forth herein. COUNT crol\!Tl COSTA CIT`' OF j'Tt�.L4UT C� K ,/ C �' N. (City or To m) By Chairman, Board of Supervisors % ayor ATTEST: ATTEST: J. R. OLSSON, County Clerk and ex-officio Clerk of the Board B , ���.� X1 r`Eif City Clergy Deputy (SEAL) (SEAL) RECOMMENDED FOR APPROVA / L: By_ 7'I� 71 Co ty Adffinist•ator By— untY Direct r,of Planni� L !% !� FORM APPROVAL AND CERTIFICATION: FORM APPROVAL AND CERTIFICATION: I certify that file terms and provisions of I certify that the terms and provisions of this agreement are fully authorized under this agreement are fully authorized under State and local law and this agreement is State and local law and this agreement is executed in accordance with all applicable executed in accordance with all applicable requirements of State and local law. requirements of State and local law. JOHN B. CLAUSEN By Vl(%rrnp J. WESTMAN Deputy iy ttorney 0048- i8-4 _ a :.r tr-�•:.t i��':'�.:'�y-t,'.tr.v`r`+1Z�,'"7..�� ,� '.:%t'' - 'r .'4'.� s'�J';�, 'C... •,✓i r. r ' Suggested Distribution of Community Development Block Grant Entitlement of Contra Costa County To Non-Entitlement Cities and Unincorporated Areas The County's entitlement is based on the following formula, as set forth in HCDA 1977: E _ (P:P(3+2xl:la+O:Oo) :4xEa Where: E = Entitlement of Urban County Ea = Total Funds for Entitlement Units Allocated to SMSA P = Population of Urban County (participating units only) Po = Population of All Entitlement Units in SMSA (Cities over 50,000 = urban counties) I _ Persons Below Poverty Level in Urban County (Participating units only) to = Persons Below Poverty Level in all Entitlement Units in SMSA 0 = Number of Housing Units with 1.01 Persons or More Per Room, for Urban County (participating units only) Oo = Number of Housing Units with 1.01 Persons or More Per Room, for All Entitlement Units in SMSA The County's entitlement will vary depending on which cities participate in the CD program for this year. Based upon an estimated $4.0 million entitlement for the County (if all non-entitlement cities join with the County to develop a CD program for the unincorporated area and the cities) it is possible to use the above formula also to allocate the County's entitlement to participating units. Eb. _ (Pb:P+2xlb:I+Ob:O) 4xE Where: E = Entitlement of Urban Contra Costa County = $4,000,000 Eb = Share of County Entitlement Applicable to City (b) P = Population of Contra Costa County (participating units only) Pb = Population of City (b) I = Persons Below Poverty Level in Contra Costa County (participating units only) Ib - Persons Below Poverty Level in City (b) 0 = Number of Housing Units with 1.01 or more Persons Per Room in Contra Costa County (participating units only) Ob = Number of Persons in Housing Units with 1.01 Persons or More Per Roorn, for City •(b) Eb to be reduced approximately 5% to cover County's cost of Application and program administration. 11/9/77 00485-. .�'M�w�°�'k'�^,.r'�Ti�.n"'�'rlt��t.h,�aoy'�f��� ti�,�;•'-_��r�'��'"�'�,`�_r.+- aana:�w� ��5''r�"'✓►.. `% ��'�'..?:'��,:�h• In :.%e Board of Supervisors of AS EXntra OFFICIO THE BOARD UF StUPtERVISORSatOFOTHE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT December 6 , 19 77 In the Matter of Resignation from Flood Control Zone 9 Advisory Board (Pinole Creek Watershed) , Contra Costa County Flood Control and Mater Conservation District. The Board having received a November 18, 1977 letter from Mr. Otto A. Unger, 1108 Tennent Avenue, Pinole, California 94564 tendering his resignation as a member of the Contra Costa County Flood Control and Water Conservation District Zone 9 Advisory Board (Pinole Creek Watershed) ; IT IS BY THE BOARD ORDERED that the resignation of Mr. Unger is ACCEPTED and the policy on appointments to boards and commissions is applied. PASSED by the Board on December 6, 1977. 1 hereby certify that the foregoing is a true and correct copy of cn order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Mr. Otto A. Unger Witness my hand and the Seal of the Board of Public 11orks Director Supervisors Flood Control affixed this 6th day of December . 19 ZL County Administrator Public Information Officer J. R. OLSSON, Clerk By Deputy Clerk ft bI QiAierrez 00488 H-24 3/76 15m { In the Board of Supervisors or Contra Costa County, State of California December 6 0119 U In the Matter of Pro vaT of Acre=er±t for Pri mate 1-17inor .Subdivision 33•-77, Alamo Area. i 1iBI=.�5 an asreemment ::ith I;e�n 1:. Cridnte, 711E 3e? Road, Pleasant Ii_ill., California, for the ins-ta-U.atic)n and co; plel.i.on of private improvements in I-livor Sfodit-ision 33-77, 'ilomo area, has 1--cm prosezted to this Board; and sa-d a renment ,s acco-iwari ed by a cash deposit in the amount of $4,800.00 for the full amnourt of the costs for completion of the improvements required by the lo.linc, Ad,n i,..ist.rator in ap-iroval. of said Minor suhdivi.sion, plus t.hc ai!io-int of 400.00 recuired b-,, Section 6499.3(b) of the Subdivision I`iap Act, Bull d_h.,-, Inst action D-e-p rtment _"Luceipi. Ila. 1l�6329, dated November 22, 1c)'77. NO!!, '!' I,^ FC7' , on the recd: m--ndation of the Director of 11•uildins Inspection, IT IS BY TIES IlOAI''D U:Di=1 D, that said av-reemezt is MP1Z07,;) and the Chairman is A:'T-H0TTr_,'• to execute same on behelf of the Coun-ty. PASS�,D t'•:j the Board on December 6, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes o` said Board of Supervisors on the date aforesaid. Witness my hand and the Seat of the Board of cc: Dean c?. Cric'ril.e Supervisors BuildanS (2) 6tb December axed this day of 19 77 ,� _ f J. R. OLSSON, Clerk By 'Al t-LI, tom,' n-r Deputy Clerk ✓ Sandra A. Nielson H-24417715m 0046 ! MIPIOR SUBDIVISTON AGREEME:=T (§l) Minor Subdivision: (§I) Subdivider: G, L (Pr{vale Improvement-s) (�1! i':f'ect-1A,e 17a�e: ` -l.�-t.r"-'I7 ? (§2) Comple.lon Per i A: /.. ,; (53) Deposit : (faithful perms ) •' 1, Parties & Date. Effective on the above date, the bounty of Contra Cos`i:, California, hereinafter called "Count�y", and t'r_ - above- named Subdivider, mutually promise and agree as follo..,s conce-nin g this subdivision: 2 . Ir:proyenents. Subdivider shall construct, install and complete t=_".vate road and street irprovetents , tract drainage , street signs; fire hydrants, and all improvements as required by the County -Ordinance Code, especially Title 9 and including i"uture amendments., and all inprovel eats required in the approved parcel map improvement Plan of this subdivision on file in the County's Building inspection :;apartment. Subdivider shall coa;plete this work and inorpvements (hereinafter called "work" ;Athin the above completion period from date hereof as required by Section 922-4 .808 of the County Ordinance Code, in a good we^lcmanlike manner, in accordance with accepted construction practices anc4 in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where the—M is a con- flict between the imarovement alar_ and the County Ordinance Code, the stricter requirements shall go•�e_n. 3. improvement Securi.t t. Upon execu-ing this agreement , ,Subdivider shall, in accordance :;itn Sec:-on 922-4.6:. . (3) of the County Ord=R nan.-e Cod-, deposit as. secur' `yr :..ith the County at least the above- S_7 C'.I'ied am.ount, whip^ i s t': notal es Linzted cost of the .wrork, in t:-le form of a cash deposit, _ --tified or cashier's check, or an acceptable corporate su_ety bo.^.d, guaranteeing his fa;t-h-f '.l perfor- mance of this agreement . 4. Indemnit<<. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this sect;cr.: A - The indernnitees benefited and protected by- this promise are the County, and its special districts, elective and appointive boards, ccr.missions, ' officers, agents and employees ; B - The liabilities protected a,-airst are any liability or claim for da-iage of any kind allegedly suffered, incurred or threatened because of actions defined belbw .r and including personal injury, death, property damage, inverse condemrazion, or any combination of these, and .rag irdless of whether or not such liability, claim or damage was. un.r'oreseeable at any time before the County approved the parcel map ii7:provement plan or accepted the improvements as completed, and including the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causin„ liability are any act or omission (regly- gent or non-n^gli�ent) in connection with the matters covered by this agree: ent and attributable to the Subdivider, contractor, subcontrac- tor, or any pf.f cer, agent or employee of one or more of theta; D - P;gin-Conditions rlhe pl om2ise and a reement in this section is rot con6_tionz!d or dea,endent on whether or not any Indent.'.,ee has preparer su.-,pl_ed, or approved an;; plan(s) or speCi ficatj J::(s) in connection with this :•iOrs. or subdivision, or has insurance or other index nification covering any of these mazt6rs, or that the alleged dar&aoe resulted partly from a:'ly negligent or il+.11_''ul misconduct of any Inde.--.:n_tee . 5. Costs. Subbdivider shall pay when d=ue all the costs of the :torr, is eluding inspections thereof a.•:d relocating existing utilWIS..� required thereby. 6. 1 onpew f o-"mance and Cos is • if Subdivider fails to comm etc the 1; 7 �i rn•r ar i- n f-I nne i 'his agreemen- » iior. and imp o:em .l..s w thl the .+ .:�� _ ..C.,A.ted in &.f:-$ aE.. .-:en%. C_ extensions granted, �'OLI.^st7 TIa,'.' proceed to CO.ilplf'ue t::t?ir �f CO.^,Z:'2C`. Mivofilmerl , iti, j.. , ,_ J. P. OL=114 CUR= 87A2D W SUPERVISORS or otherwise, and Subdivider shall pay the costs and charges there- for iriediately upon demand. .if County sues to compel per'ormance of this agreement or recover the cos.o of connletin; the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, end all other expenses of litigation incurred by County in connection i:ere erith. 7. A::sir=.ent. If before these improvements are completed this minor subdivision is annexed to a city, the County may ass Q, to that city the County' s rights under this agreement and/or any denosit o.- bond rbond securing then. 8. Warranty. Subdivider warrants that the said imorovement Ulan is adequate to accomplish this work as promised in Section 2; and if, at any time. before the Count;' acceptance of the improvements as comple-e, the improvement plan proves to be inadequate in any respect, . :zbd_ ides shall make changes necessary to accomplish the work: as U_•on sed. 9. No Waiver by County. inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof" complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or r:aterials , or payments therefor, or any cor.rbination or all of these acts, shall not relieve the Subdivider of his obli6ation to fulfill this contract as Drescribed; nor shall the County be thereby estopped from b&ir_oin, any action for da,.acgges arising, from the failure to co=ly •,•rith any of the terms and condit;ons hereof. 10. Record :dao . In consideration hereof, County shall accept said parcel. J^ap.',, or 1111-n with the Count; Recorder. S73DIIIiER: (see note �a lc �)C^UN'T. OF,, COSTAlf , B. / �--_«r-'-•�'_ i 1/.r•.. •rte r/:�� �•.i Chairman, Board of SL--.ervisors V. ATTEST: J. R. OLSSO:i, County Clerk Ey & ex officio Clerk of the Board - Designate official c _)aCjj" in the business ) By A.4 rbuq_t `l ` ��f���,.tit � Note to Subdivider: (l) E.recut? Deouty acknowledgment forma below; and Saildra L. Nielson (2) If a corporation, attach: a c_,z-.tified copy of (a) the icy--laws o�• (-b) the resolution of the card of Directors , authorizin— execution of this contract and of the bonds required hereby. 7C .. :s .0 :Z � :'t X 7t 7C � 7f ? :f S: T .. '.•t' iC .. .. T .. :2 :C » 7t .. :t T -•.ti SS .. T State of Ga�liforn�;;a ) (Acknealedament by Corporation, CountL• o -a .=f�' ./.r.;.f ) ss. Partnership or Individual) On the person(s) whose name(s) is/are s;. ;pe at.'r-- for Subdividur and who is known to me to be the 'ndi vid- U ' and of�' cer or partner as stated above who signed this J of tr, int, a:'_' a ck-now?edged to me that he executed it and that the corno_ati c o ca.to•irsi:1p na^ed above executed :Lt. 'IQ��# - [NOTARIAL S-A ✓ r�+)/i:.,, ;� .� ,'zC�f� IL# i7 0':�d CC 'lt �_„t10-arJ- P'.:.^.i_e for said Coun-uy and S�aze (yorra a_:.pr by ,� y Coersel 11. Ia1 (CCC Std Form; Rev. 12/74) 0F1 �.."C a•Tti :bw -2- fi :}•-y'S'. JO LYIN1,, KIOSAl•::KL .;••�. t:urn:rr t.. i; Nr Cortmissi�n cxFirat Jul�lt,ie?J it MUcroffiimed with board or+�r In the Board of Supervisors of Contra Costa County, State of Californias December 6 , 19 77 In the Matter of Report of San Ramon Valley'Area Planning Commission on Request of Leonard T. Jazmin, • Applicant and Owner, (2171 —RZ) to Rezone Land in Alamo Area. , The Director of Planning having notified this Board that the San Ramon Valley Area Planning Commission recommends approval of the request of Leonard T. Jazmin, applicant and owner, (2171 RZ) to rezone approximately 1.51 acres fronting approximately 425 feet on the south side of Stone Valley Road and approximately 21.70 feet on the north side of Pebble Court cul—de—sac, Alamo area, from Single Family Residential District-40 (R-40) to Single Family Residential District-20 (R-20) ; IT IS BY THE BOARD ORDERED that a hearing be held on Tuesday, January 3, 1978 at 11:15 a.m. in the Board Chambers, Room 107, Administration Building, Pine and Escobar Streets, Martinez, California. IT IS FURTHER ORDERED that the Clerk, pursuant to code requirements, publish notice of same ine THE VALLEY PIONEER and give notice by mail to all persons shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed zoning change. PASSED by the Board on December 6, 1977. 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: Leonard T. Jazmin Supervisors Director of Planning affixed this 6th day of_December 19 77 List of Names Provided by Planning J. R. OLSSON, Clerk ByDeputy Clerk RdSbie-'Gifflerrez 00490 H-243/76 15m RECEIVED CONTRA COSTA COUNTY N 0 V ay 1977 PLANNING DEPARTMENT y R. OMON CLERK BOARD of SUPERVISORS TA CO. TO: Board of Supervisors DATE: November 16, 1977 Attn: Clerk of theoard FROM: Anthony A. Dehaesus , SUBJECT:REZONING: Leonard T. Jazmin (2174-RZ) Director of P1 g 1.51 Acres, R-40 to R-20 - Alamo Area. A� (S.D. V) Attached is San Ramon V le ea Planning Commission Resolution No. 85-1977 (SR), adopted by the San Ramo Valley Area Planning Commission on Monday, November 14, 1977, by a vote of 7 AYES. This application was reviewed by the San Ramon Valley Area Planning Commission on Wednesday, October 26, 1977 and was approved for change from Single Family Residen- tial District (R-40) to Single Family Residential District (R-20), by a vote of 7 AYES. The property is described as being approximately 1.51 acres fronting approximately 425 feet on the south side of Stone Valley Road and approximately 21.70 feet on the north side of Pebble Court cul-de-sac, in the Alamo area. The following people should be notified of your Board's hearing date and time: Leonard T. Jazmin 2314 Center Avenue Martinez, California 94553 AAD:krt Attachments: Resolution, Findings Map, Area Map, Staff Report, Minutes. 4 cc: File 2174-RZ Supervisors, District: I, II, III, IV, V. 00491 Micro'filmed with board order RESOLUTION NO. 85-1977 (SR) RESOLUTION OF THE SAN RAMON VALLEY AREA PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE BY LEONARD T. JAZMIN (APPLICANT AND OWNER) (2174-RZ), IN THE ORDINANCE CODE SECTION PERTAIN- ING TO THE PRECISE ZONING FOR THE ALAMO AREA OF SAID COUNTY. WHEREAS, a request by LEONARD T. JAZMIN (Applicant and Owner) (2174- RZ), to rezone land in the Alamo area from Single Family Residential (R-40) to Single Family Residential (R-20), was received by the Planning Department Office on August 29, 1977; and WHEREAS, a Negative Declaration of Environmental Significance was posted October 7, 1977; and WHEREAS, after notice thereof was lawfully given, a public hearing was held by the San Ramon Valley Area Planning Commission on Wednesday, October 26, 1977; and WHEREAS, the San Ramon Valley Area Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that the San Ramon Valley Area Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, that the rezoning request of LEONARD T. JAZMIN (Applicant and Owner) (2174-RZ), be APPROVED for change from Single Family Residential District (R-40) to Single Family Residential District (R-20), and that this zoning change be made as is indicated on the findings map entitled: A Portion of Concord Division Sector 6, Contra Costa County, California. BE IT FURTHER RESOLVED that the reason for this recommendation is as follows: (1) The proposed rezoning is in conformance with the General Plan. (2) Is consistent with the pattern of development of surrounding areas.. 00492 C RESOC TION NO. 85-1977 (SR) BE IT FURTHER RESOLVED that the Chairman of the San Ramon Valley Area Planning Commission and Director of Planning shall sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors all in accordance with the Government Code of the State of California. The instruction by the San Ramon Valley Area Planning Commission to prepare this resolution was given by motion of the San Ramon Valley Area Planning Commission on Wednesday, October 26, 1977, by the following vote: AYES: Commissioners - Meakin, Burow, Wright, Olander, Best, Kennett, Young. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. 1, Andrew H. Young, Chairman of the San Ramon Valley Area Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Monday, November 14, 1977, and this resolution was duly and regularly passed and adopted by the following vote of the Commission. AYES: Commissioners- Best, Oiander, Kennett, Meakin, Burow, Wright, Young. NOES: Commissioners- None. ABSENT: Commissioners - None. ABSTAIN: Commissioners- None. Chairman of the Sanmon alley Area Planning Commission of th Coun < Contra Costa, State of California ATTEST: R ECEIVED I NOV �Secreta o the San Ramon Vat ey Area ���nning Commission of the Cpinty ofWX Ar 1 Contra Costa, State of California 1 nn 0493 -2- l R 20 R- 0 r R I- Rezone i � From To / R-40' / / 800' iid �j�'�► , Chairman of the San Ramon Valley Area Planning Commission, State of California, do hereby certify that this is a true and correct copy of A PexMr6a6FCAvems d11.��'! Y�GTQR���Q,��.�'"��.t�r:';�#ITY���► +s�#lN RA . Indicating thereon the decision of the San Ramon Valley Area Planning Commission in the matter of I Chairman of the San Ramo Valley rea Planning Commission, State of Califo nia ATTES 00494 .retaty of toe San Ramo Valley �/� Area planning Commission of the Findings Ma County of Contra Costa, State of Calif. N1irrofilmad with board order i t f • j\/` C L J I MAI#J SVISUN SAL' S,s�gA�E IPtY Crockett t act T'y West tlebwp �+ MARTINEZ •k•t1 �,� l PIASS NORTH -- .•' 1't:-161000, Packecs `=S r rW »«.• CONCORD PLEASANT .• i i tt 1 PLEASANT HILL CLAYTON .. ��' am . WALNUT CREEK LAFAYETTE t ..,..y •• :.,.... � � Mt Diable • OritMa l S 1 'T•h y Alamo �' D;atlb Car7ss ~' ' Site Location -, \� Danriile `� ca� See Raman T ` MAP SYMBOLS l ANTIOCH wta.•Op.tlb +slss Alamo u—coe.4ss3110, .at.* ' " I.IIy�T} •Np' N.101 •OApt \' -Jw-!'•.-.. ntNO• .4 iOf 1Me tit}t Tf ��.,"� �1 ��-�-.-- es/IRO�Of AMO •.T ♦11• ..•Ip TI.M/IT �''~�- . VICINITY #SAP 2174-RZ 49 11I1laofilmerd with board order 217.4-RZ LEQNARD JAZMIN CApplicant & Owner) October 26, 1977 00495 Ari jcrof i{meed with board order I. LEONARD JAZMIN (Applicant & Owner) , County File 2174-RZ: The applicant requests to rezone approximately 1 .51 acres from Single Family Residential District R-40 to Single Family Residential District R-20. Subject property fronts approximately 425 feet on the south side of Stone Valley Road and 21 .70 feet on the north side of Pebble Court cul-de-sac in the Alamo area. II. GENERAL INFORMATION: A. PRESENT ZONING: SINGLE FAMILY RESIDENTIAL R-40 B. REQUESTED ZONING: SINGLE FAMILY RESIDENTIAL R-20 C. GENERAL PLAN DESIGNATION: LOW DENSITY SINGLE FAMILY �r D. PRESENT LAND USE: GRADED ROAD AND HOUSE PAD E. PROPOSED LAND USE: SUBDIVISION AND CONSTRUCTION OF TWO SINGLE FAMILY RESIDENCES F. SURROUNDING LAND USE: OAK WOODLAND/LARGE PARCELS TO WEST AND SOUTH; SINGLE FAMILY RESI- DENTIAL DEVELOPMENT TO EAST A14D NORTH G. _ EIR STATUS: NEGATIVE DECLARATION H. CONCURRENT APPLICATIONS MINOR SUBDIVISION 139-77 III. DISCUSSION: A. Background: Minor Subdivision 139-77, a request to divide the subject property into two parcels, was denied without prejudice by the Zoning Administrator on August 22, 1977. The denial was based on the excessive variance requested for one of the parcels (50% of the required lot area). On August 29, 1977, the applicant appealed the decision and filed the subject rezoning. e B. Staff Considerations: The subject property was rezoned in July 1976 (1999-RZ) along with four acres to the south; a subsequent minor subdivision created the subject parcel and three to the south. At the time the rezoning to R-40 was considered, ultimate development was discussed and the Commission reiterated staff's concerns about topographic constraints on the property. The subject parcel , the northernmost portion of the property considered in 1999-RZ, does however, have more level area than the southern lands. This level area is at the . eastern part of the subject property and is the parce proposed for a half-acre lot in M.S. 139-77. Since it is only this lever portion which might be compatible with the R-40 district and since it is only this portion which is proposed for subdivision, rezoning should only be considered on this eastern half-acre. 00497 . � 2 LEONARD JAZMIN 2174-RZ Although the applicant intends to develop the property himself, it should be noted that a house on this eastern half-acre would be within the 60 dBA noise corridor of Stone Valley Road. It would be inappropriate to serve this portion of the property from Stone. Valley Road, so access will be from the Pebble Court cul-de-sac. IV. CONCLUSION: The proposed subdivision, if limited to the more level eastern portion of the subject property would be consistent with the General Plan. It should be noted also that there are environmental constraints on the subject property related to noise. V. RECOMMENDATION: Adopt a resolution recommending that the Board of Supervisors rezone the eastern half-acre of 2174-RZ (which corrolated with the proposed parcel lines in M.S. 139-77) from Single Family Residential District R-40 to Single Family Residential District R-20. MgC:hb 10/17/77 0046 1 Nx t ,,,} jam'\ •r. 'x,`j /.... •t ,r t 'r i /1 �•f f ' .t i r r, - vi ,� ! ./ f'/i• Pte, �•�"`- `' ^` �'; .•'�:, :x+ / _ 1 e•x•••r• :r vur, .ra. Ia,S r, nd vat hf f(nrrp in u,ar^,,hn•,CI nr n >.,anp ,+t� r SECTOR- 13 ,S y"Intnr ...ul a ran• ,,,i r.xn, �. 1'1\,,.x!7 i� DIVISION S J + a n n4'••�•+. xrur:r. ry,,n: f.Uf.iTFFJ Ct15TA GntJFITY, (:l+LITCH!11A ....•r mrv•.tera. .., .. «x,.•., .y •. ..ruv,,... .:•.a'rr •x. •ter„ a-a-.u-„+r r., ...:,r.a•.:e a+, i j• !-: Ut•A.r. a. l..t :J'•3 yb .. ... : < a r-s6xtxa+ ,it far^iG;alta ie �irUpnb.a �,. , • ax.,. of;... •.•-.•.» n r _� > +.s.r.w.vrwa+waxsre�,a•rw.•.w.wn.-eas.s..sew•+wcx�sar.mnsrrw:narsaa.+r++rw�.+e�.w.aasy++r a+acnw� �.\sw+r+�..r blicro.`ilrned with board order 004"9"{����?/x% • RECEIVED CONTRA COSTA COUNTY PLANNING DEPARTMENT NOTICE OF 1977 Completion of Environmental Impact Report CLERK BJ. OF SUP�' �- O UP ERVISfliG CONT C05T R ' X X 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) 372-2031 Phone EIR Contact Person Margaret Coulter Contact Person. PROJECT DESCRIPTION: LEONARD JAZMIN (Applicant and Owner), County File 2174-RZ: The applicant requests to rezone approximately 1.51 acres from Single Family Residential District R-40 to Single Family Residential District R-20. Subject property fronts approximately 425 feet on the south side of Stone Valley Road and 21.7 feet on the north side of Pebble Court cul-de-sac in the Alamo area. The Project Will Not Have A Significant Effect On The Environment The proposed rezoning is in conformance with the General Plan and with surrounding uses. Topographic constraints may preclude development of this entire property at an R-20 density; it is however the intention of the applicant to subdivide this property (M.S. 139-77) into a one-acre lot and a half-acre lot. It may be most appropriate to rezone only the half acre lot; this would also mitigate the possible precedent setting effect of this request. It is determined from initial study by Margaret ['nt,iter of the XXX Planning Department that this project does not have a significant effect on the environment. Justification for negative declaration is attached. U 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 (� � *� CD e Po ed 1 19T Final date for review/appeal �.�cmea_ IS, 10 1 1 anning Depart a Representative 00 ! Niicrefilmed with. board order U AP9 1/74 • • RECEIVED CONTRA COS'T'A COUNTY PLANNING DEPARTMiN"T' NO"1'ICE 01: r i l�j//' J. Completion of Environmental Impact Report CLERK BO:RD OF SUPERVISORS CONT COSTA C F . G- =u` X X 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) 372-2031 Phone EIR Contact Person Margret Coulter Contact Person. PROJECT DESCRIPTION: LEONARD JAZiMIN (Applicant and Owner), County File 2174-RZ: The applicant requests to rezone approximately 1.51 acres from Single Family Residential District R-40 to Single Family Residential District R-20. Subject property fronts approximately 425 feet on the south side of Stone Valley Road and 21.7 feet on the north side of Pebble Court cul-de-sac in the Alamo area. The Project Will Not Have A Significant Effect On The Environment The proposed rezoning is in conformance with the General Plan and with surrounding uses. Topographic constraints may preclude development of this entire property at an R-20 density; it is however the intention of the applicant to subdivide this property (M.S. 139-77) into a one-acre lot and a half-acre lot. It may be most appropriate to rezone only the half acre lot; this would also mitigate the possible precedent setting effect of this request. It is determined from initial study by Margaret CeultPr of the XXX Planning Department that this project does not have a significant effect on the environment. 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 lying, Administration. Bldg. Pine F Escobar Streets r7 Martinez, California D e Po ed � 1 19T Final date for review/appeal ambEQ. anning Depart e Representative n�� r;�` tti;icrofi;med vAth board order 9 D i AP9 1/74 In the Board of Supervisors of Contra Costa County, State of California December- 6 , 19 7 In the Matter of Pending Abatements . As requested by Supervisors J. P . Kenny and N. C. Fanden, IT IS BY THE BOARD ORDERED that county staff is INSTRUCTED to take such steps as necessary to expedite action on pending abatement matters. PASSED by the Board on December 6, 1977- 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: Director of Building Supervisors Inspection County Counsel affixed this 6th day of DPv-PmbPr 19U County Administrator /' // , J.� R. OLSSON, Clerk By /� ACtJ G•��%/',c i�C�' , Deputy Clerk Helen C. Marshall �)0 Ul H-24 4/77 15m In the Board of Supervisors of Contra Costa County, State of California December 6 . 19 ZZ In the Matter of Proposal pertaining to Cooperative Program for Administration of Unemployment Insurance. This being the time for the Board's Finance Committee (Supervisors R. I. Schroder and J. P. Kenny) to submit its recommendation on whether the County should participate in the cooperative unemployment insurance program established under the auspices of the County Supervisors' Association of California; and Supervisor Schroder having advised that the Committee required additional time in which to review the proposal; and Good cause appearing therefor; IT IS BY THE BOARD ORDERED that the Finance Committee is GRANTED an additional week in which to study the matter. PASSED by the Board on December 6, 1977. 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: Director of Personnel Witness my hand and the Seal of the Board of County Administrator Supervisors County Auditor-Controller affixed this_6th day of December 19 77 County Counsel I-- s.G.rU ' J. R. OLSSON, Clerk gy Deputy Clerk ine M. Neu d 00, )11 112 H -24 3/76 15m In flit) Bould of slip 31vhura of . Contra Costa County, State of California December 6 ig 77 In the Matter of Authorization to Execute Modification 1807 to the County's CETA Title II Grant for FY 1977-78 The Board having approved, by its Order dated August 16, 1977, execution of Modification 1706 (renumbered by DOL as #806) to the County's CETA Title II Grant (DOL #06-7004-21), thereby applying to the U. S. Depart- ment of Labor (DOL) for an increase in federal obligations of $2,056:570, for continued operation through Federal FY 1977-78 of the County's expanded CETA Title II Public Service Employment Program, and The Board having received notice from DOL regarding conditional approval of said Modification with the stipulation that a further grant Modification be submitted by the County which incorporates a revised CETA Monthly Schedule, to correct for certain discrepancies in projected monthly CETA Title II PSE participant enrollment levels in FY 77-78; and The Board having received an additional request from DOL for immediate reassessment and revision of CETA Title II program plans as necessary to assure that, in accordance with newly-announced federal policies, all available funds will be utilized in FY 77-78, and the maximum expanded CETA Title II PSE participant eprollment level will be maintained for the entire duration of FY 77-78; and The Board having considered the recommendation of the Director, Human Resources Agency, concerning the need to promptly execute a new Modification (#807) to the County's CETA Title II Grant, which revises the CETA Program Planning Summary, Budget Information Summary, and CETA Monthly Schedule, so as to provide for increasing the maximum expanded PSE enrollment level from 221 to 258 participants (with said increase to take place in the months of December 1977, and January and February 1978) , and to provide for maintenance through FY 1977-78 of the new maximum enrollment level, in order to assure conformity with the newly-announced federal policies and to assure continued maximal obligation of CETA Title II funds by the Department of Labor; IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute CETA Title II Grant Modification #807 for submission to the U. S. Department of Labor_ PASSED BY THE BOARD on December 6, 1977. 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 W-itness, my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this 6th day of December 1977 County Auditor-Controller County Manpower Project Director J. R. OLSSON, Clerk Department of Labor y Deputy Clerk Maxine M. Neufe d RJP:dg H-24 4/77 15m 1 � 1'll \I.1`.11 rl 111 I.\I,rll lily�..,n. y u,.1 Ir nnur, \.lino rr l.,.. .,1 r\I'll fnl`rlr 11 hrr l'.Uhl. •111r 11177rI`,1 Irltl�l'ii rrllrrirklHill ',lit/ I Ilii /1111') .'I Mill i • )WILY f)j- 1 G. ^epartment of Labor Employment and Training Administration 'Martinez, California 9455 a�- 450 Go!---en Gate Avenue LSA San i'i-l.s l ?'rA lSy}Cr Mot • Labor, Rlai1� Adrzirs:ra'tion. hereinafter referred to as Grantor and ptame of Prime span.or) _.....CIItult=}...C7.f.aCaatrra... costo' ...........hereinafter ref_'rred to as Grantee. The Grantee agrees to OFe-!ate a c r prehe.^_si-je Eraployraent and Training Program in accordance with the provisions of this agreement, includ.rg the Co npreh-2nsive Manpower Plan and such general and special assurances as are included herein. A•GRANT PERIOD This Grant acreerner_t coven the period (Dare] from ..Qctnhe --L,».19.7.6.___ to.Seprembe�»3p?_1978. B.OBLIGATION This action ❑ increases ❑ decreases ® does not change the federal obli ation for this grant by (rhis.. _:ior) j ....»».. ..»...»_»__. to 'InAr ren ri) S _... S,»�. .G,.. ?L-? C. TITLE AND FISCAL YEAR 1976 TO I and prior F15CAL YEAR TITLE (c) TOTAL TITLE I Incertive I?iactttzonary ! TITLE II 1 I >x„e t t 1 4,729,213 I D bcr-tionac7 eta rl_ 897,629 TITLE III L•.diana . 1It�-znt Other 1 TITLE 171 L)ismtionar7 TOTAL 1 I "I 302 76 '841) D.GRAINT ALLOTuti=.NT (This is the announced allotrrent which is sLbject to availability of fundis and does not c-onstitute a federai ob?igation.) E. This mod:.ication request Will result In KI a madi:ication to the grant agreement, and/or- 005 .4 L713 a slbstantive change to the Comp,-ehersive Manpower Plan. APPROVtO FOR THE: G.7ANrOR 'JY APPROVI 7 FOR THE G.7ANTE_ SV 1 Arthur Dot l;, Tlrr_� TITLE Grant 0``:icar vt o�Gr, CIATE 5:C. U ..�,..�'•iiTA jak f}DSC Microfiimad with board cw(4,, Yic e Gl,ai ra7A.- ETA ;-t9) (tun- 19,6) NARRATIVE (Accompanying Modification #307 to Grant #06-7004-21) This modification is submitted in response to a request issued b' Region IX, DOL, thourgh CETA Regional Bulletin #84-77, for reassessment of program plans and revision for PSE hiring schedules. The CETA Monthly Schedule, Program Planning Summary, and Budget Information Summary have been revised so as to provide for an additional enrollment buildup in the months of December, 1977 and January and February, 1978, to increase the enrollment ceiling from 221 to a new ceiling level of 258 by February 28, 1978, to be maintained through Septmeber 30, 1978. These revisions have been made in accordance with announced Department of Labor policies requiring maximum utilization of available funds in FY 77-78, and maintenance of the February 28, 1978 ceiling enrollment level through FY 77-78. The revisions are based on calculational formulae provided by DOL, with computations as incorporated in the "Worksheet for Replanning". This modification consitutes fulfillment of Title II modification plans as transmitted by wire to Region IX, DOL, on November 30, 1977. 0()r;j)5 [iniratl.,n Ga •. ,1': .,17 A GnANTEE'5 NAME AND AL`DRC•SS U.S. ocrAnY?ACNT Or ]-Anon B. GRANT NUMBER c,c)u l!'.)' O1: Collura Costa employment and Training Ail minlatrnLinn If 1>onra ol! Supervisors m-7004-21 G31 r ltle Street BUDGET INFORMATION SUMMARY C. TYPE OF PROGRAM --- .';;1 ''.{I1C7., California 94553 1. ❑ Title 1 3. ❑ Title III 4. ❑ 7111e 2, 7Cti Tltin II (Sprellyl................................ 0, FOR REGIONAL OFFICE USE ONLY CONTRACT KEY MOD. DATE n zzi yy j 0 o V w 1 v n •a' p Cla p O w F' i• rx Z MM DO YY i 0 Co 2 3 •1 5 IG17 0 9 10 11 12 13 14 15 SG 17 l0 19 20 21 22 2J 24 25 26 27 20 2 330 E. BUDGET SUMMARY COST CATEGORIES a. GRANT I"ROGRAM ESTIMATED UNEXPENDED FUNDS NEW OR REVISED OUDGET KI. TOTA UNCTION OR ACTIVITY _ b. Federal c. Non•Fcdcral d. Fcocral t. Non•rrdcral f1�jlttFit+ttsJ.�i gig-no 1 2 3 21 26 e't i sem' 1. Adminisuatlon ! 1 i ( ti�. I ,, ;� r t a G 2 1 5 nn 2. A!lowancrs 6 u 35 1irt4Tt. it .t. TT t1c11 7 •- -�. - _3. �'i,,Ci ``'' •l„; `ci ` ,( s l ,S �., r 6r. 4" 7. 26-9,29�� 7' t �'• .� ._. .�. •i. t:lilge Bone :� ,�i �� S i`t�yk t i 'r !'1! I. 'Ali t�' SJ 625.419 i { - ..'.. ,,, •jr ' 5. T raining _ s l:. r: i,;r1•. •S r �i?�t A N n 7; .f •#, s r _.L.�....... c2 9 .6/69 /00 G. Services :•;: 4'"t:L. / y.i:R!1;l,t )..r 1 { _J 71 iL�a_V_SL_ 1 2 3 21 2G - 7. Totals G 1 -0- -0- 3,119,297.00 -0- -0- F. CUMULATIVE QUARTERLY PROJECTIONS OF OBLIGATIONS AND EXPENDITURES fFor Quarter Ending) 1 2 J ;; 21 23 23 2n 2' 1 2 3 21 2 23 24 2 1 2 3 2 22 23 2e 25 1 2 3 2112. 2. Zai 2!1126 26 2G � 7G _l. Prime SPOnx,r Obtig�tions G 3 753 371.00 G 3 G 3 - G 3 lU'.lU rN.l- 2 Total Pro1mcd I:x ,rnditures b Pro rar 35 — -- I I_ Y 9 n +-. 3. 1 :507-042-nn ; 3' �r C!aSVOonI Training,Prime Sponsor 44 4 44 44 b. On•lhc•Job Training 53 53 M .: 53 - --� _ �.. c. Public Scrvicc Employment 1' «� 67. 751 62 ;. St 62A37 62 nn Y.or Y. E:r.pericncc71 71 �r �{ 71 71 1::. _.--.-- 1 2 3 26 1 2 3 20 1 2 3 26 1 2 3 2G e. Services to Participants G 4 G 4 G 4 G 4 1. Other Activities F :.i 35 135 cs 35 35 -- 3, i':ojecled }:xpenditures for Vocotlonal Ed. J ;? in S!ncial CranU to Governors 7i 44 a,i• 44 i�•', �h 44 �� ' 11 -���'•—Projected Exprndilures of lion-Fed. Funds ,ir .l i 53 S3MA 53 +S�Otl.;r Fcd Funds, Not in 1'rlmc Spon.Cra7tl ;i '7 62 :c: �'' 62 'vt ^; 62 G2 Crand Total Projected Expenditures t* a 7 j^ 71 `' 7 t Y' 71 1 t 07 Y 2 0 1 2 337 253.00 ��.. "r 3 1 19 ?9, •00 CTA s•I.15 (jun. 1976! o G,'IAIJT1"L S NAME AND ADonESS — 1,13. urPAIIT?ertsr or t.All+J11 � Ir. GnANT NUMfIVI'l P.mploymettt and 7'vainnna Adminldretlun CM'A PROGRAM PLANNING SUMMARYII 06-7004-21 c. GnANT YEAR d. TYPE UP I'IIUGI',A).1 From To I. EJ Title 1 1. 0 Tule III 51,uclI October 1 1977 Se tember. 30 1978 2. 8X71110 n 4. a Title VI FOn REGIONAL OFFICE USE ONLY INSTIIUCTIUNS ron COMPLETING SECTIONS 1, 11, ANU 111 I—.— Sec. 1: A ('total Enrollments) Is the tum of A.1 and A.2. B (Total Terminatlont) is the rim of n ';,rough CONTRACT KEY 1.t.oU. DATE a B.3, C (Planned 'Enrollment') Is A minus B. 7 s p 9 o Sec. ll: Enter In lhx (a) Emollntrnis In each program activity cumuran latively dtrough the 7t yev, :r., n Lne a a w $o >, E n"o o E q O (b) the number o! putlelpano planned to be enrolled In each program activity it the ctA c O �u r a tn�Z °U O quarter: 1»rllclpanta who us concurrently enrolled In more Than one activity tltouc-� Lt be tr t ! 'r. eac+: d z U Nr+1 OU vv activlSy In which they aro elvolled. _ Sec. 111: Enter the cumulallye number of participants In each segment to be entollcd durhq Ctc grarr. .ev. 1 2 ! 1 1- 6 7 d Q X 1) 1a11 1611 ] )r l2 —2. 2�` h�t _2r 1( Parllclpanis s}tould be counted In as many significant segment tTroups at ue applicatle I. ENROLLMENT AND TERMINATION SUMMAnY GlIA14T YEA[I•TO DATE PLAN a Ill. TOTA (0. TOTAL c. : u _A',:+t REpUr17 ) ENROLL- 1. Enroll. 2. parlicl• 1CtIMINl1• I• Ent#rhq 7. On'rr J. P1rt'r ,,y-I.13 t11 O PERIUD tants Unkd Env,Joymut a. Direct b. Indirect e.Obl,rined Positive puNllve C'1• 1.1L'NTS menti 1 Uvet TIONS Igcmlt. I'lunit. Enpl Orme' It,� 1 nl qr.J 7 I;1 7 226 5 _ s221 _ [ �n- 1 -n- b L , :, 03 7 269 48 221_ ---Q- 2 6 e I ; (:�; ',. 'E,z. 0 6 7 279 58 221 ? , _0_ d c i i 0 9 289 68 221 31 22 — — —�-$_, ! 1 ] ;' 1 2d a,., 461 SL 11. PLANNED ENROLLMENTS IN PIIOGnAI.I ACTIVITIES IV. OTHEII ACTIVITIES A 9 C D F Ct.A55nOOh1TrwNIr on-me-job pub. Servlc t, Work Imficate other ectivilies or 4>eci3i proc)remt en ettach. PIInrn Stu)05.. oc. Gd. Training Enviomvgtt Eva>dlenee mentt• Describt• tl,elr objectives and fart malet;or.e� _ r �- _a)•Total EnrollEoll.d 2 -=_ --_.�. Zfi_ towtud their oehicwttmnt nn a qu)�':•It11,rC o.wesentolion. G 3 1') Currently En1. el l ulal Crvotlb) Currently EnO a l258a) Tolal.Lnroll0 6 7 _ 9 _ O 3 b) Cunonlly Enrolled 0 6 7 total Enrollrnants 0 0 7 _U9 U) Cunonliy Enrulled 0 9 7 X58 .2SMIL W:GI 2, t l ', 41 111 r 111. SIGNIFICANT SL•CME'NTS ~ GRANT YEArl-TO•DATE PLAN GnANT YEAII•TO•DATr; ''LAN SIGN11'1t1AI11T 12/31 3/31 4/10 9/30 SIGNIFICANT 9/31 6/30 7/30 Zvi SEGr.1C.►VS SCGNETaTS Ibl tcl Ir) ta) (b) Ic) td) ���— -J T'G�TT-��� i'C. �S—��.-5-t3S aTT S.�.��2�•�t - �'l T.:L�l_'��•3�' 85 85 F -� 11 W e 1 f. Re c n. 1SL_,67 71 71— ° — �= c Fmr__rinpr. T. ��5 �.�.1—_ _�S_____ 48 19"1 Ilrlu n,llll,l,..t rr./. .Lt.nl'+,� •-- 7 ,. . 1 1 r 11•nlt ,. 1 I111�I _ _I t,.,1. •t, l�„ 1 . 1 1 ,.. . .1 ..r 1 n 11.•1 1 • 1 1.1.1...1.•. 11 r 1.1 ... , 1.1.....11.1..t r, .. 1 1 . 1 ! f 'Y"fLl• l:l IA r,IciN 1 I II.Y :;c:lll Illlt t. _ .. _ 1=-I 11�-,i .AN1 %'I- ANU A'0 L' :ESS t:rll,nI NU••I11Lis County of Contra Costa :-Empower Office 06-7004-21 2401-D Stanwell Drive j Concord, California 94520 1`:STRUCTIOVS 11. Enter the number of p.tr ticipant: planned to be 1. F-n-er the tort number of parL•ci xInts who are enrolled into a CETA Title 11 funded public p!.tnred to be in the program covered by this service jab who are rehires. A rehire is any schedule en the last d.,y of each rnon:h. The individual who has been laid-off from regular, entries b?arch, jure. Seoternber, and December unsubsidized employment by the prime sensor should agree with the a^rrei in Put 1C of the or agent and who is subsequently recalled by F-cgram Planning SLIT—Cy. the former employer into a CF_TA•funded position as a participant. III. Enter Lhe panned ars.,ed expendi:urrs of Title 11 funds cumulative by month. The totals in December, March, -June, and September should agree with the entries in Part F2 of the Budget Information Summary. I 1. NUMBER of INDIVIDUALS PLANNED TO 13E ENROLLED Ill. CUMULATIVE PROJECTED EXPENDITURES AT END OF EACH NIONTH BY MONTH MONTH ,�2.•.1 Y Y 6 1!j MONTH j�� M Y Y 26 _`c to 17 9 c U ° C 'C 717 278,519 I- O V ~ ) N 101V1717 221 N O V 7 7 512,914 c� c I ` Lr:= D E C 7 17 s ?i a C)7 17 753,371 J JAIN1718 26 JAN78 1,013,513 1 F IEIB1718 258 F E B!7)8 1,308,416 t M JAIR1718 258 MI AlR(7 18 1,507,042 A 1PIR1718 , 258 'P R 7I8 1,802,001 11 A Y 7 8` 258 PIA 1)7 8 2,087,884 J U N 7 8 258J U l;� 7 8 2,337,253 _ — f 258- `r'' J lUIL1718 JU1. 78 2,701,575 t 258 AUC 7 8 3,106,265 { S El Pr 7181 258 S1 E) PI 7 18 3,119,297 I _1 _ 31 PREVICU`_LY EMPLOYED eY SPONSOR OR AGENT _i FOR REGIONAL OFFICE USE ONLY CONTRACT KEY d C f a Z uU J �t0 >: S 1 it z := 5i713 �9 )lo !I 1r13 :cj15�1: 7I1F.iI;.TCt21 %;0'v'x';111-J:'r FOR t<CH.r.r H I NG TOTr1L FY 77/78 AVAIL-kBILITY (FY 76 CARRY-IN PLUS FY 77 ALLOCATION) 5,6'26,842.00 24,633,589.00 ?) ESTItATED CUMULATIVE EXPENDITURES, INCEPTION O' GRANT T"dRU 11/30/77 3,103,033.00 13,116,608.00 ; 3) ru-NDS AVAILABLE FOR EXPENDITURES 12/1/77 a (LINE 1 MINUS LINE 2) 2,523,809.00 11,516,981.00 '- 4) ESTIi•L21in OF 11/30/77 ON-BOARD ENROL-MENT 221 1017 5) A.B.7USTED PLANNED MANYEAR COST 12,000.00 12,225.00 = �) COST OF SUPPORTING 11/30/77 O.B. ENROLUTMENT TO 9/30/78: , LIN- S X LINE' 5 X 10 MOS. 12 2,210,000.00 10,360,688.00 7) FUNDS REr'-LINING FOR ADDITIONAL BUILDUP FROM 12/1/77-2/28/78 (LINE 3 MIVUS LINE 6)1* 313,809.00 1,156,293.00 6) NUtIBER OF PCSITIONS TO BE ADDED BY 2/28/78: FU::iS FEMUAINING (LINE 7) COST X 8.5 MOS_ 37 135 9) PLANNED ON-BOARD ENROLL*:ENTI._z V-c i. 2/28/78, ;LIN7E 4 -t• LINE 8) 258 1152 O) WE PLAN TO SUBHIT A MODIFICATION BASED ON R.PIAZINING. (YES/NO) Yes Yes *Prime sponsors (Alameda County in Title II and Alameda, Contra Costa, Butte, San Luis Obispo, Santa Barbara, and Orange Counties in Title 1'I) that modified their FY 75/76 grant to incorporate the FY 77 progra-a should incluse all funis in the grant Flus any outstanding FY 77 allocation in total availability_ *'Assuming uniform buildup from 12/1/77 to 2/29/75 and r..zint inin, that 3evel t`;rough 9/30/78, the average length of participant enrolln ret for a d.:ition.l pritioa: is 8. 5 nonths. 1 I In the Board of Supervisors of Contra Costa County, State of California December 6 . 19 77 In the Matter of Authorization to Execute Modification #810 to the County's CETA Title VI Grant for FY 1977-78 The Board having approved, by its Order dated August 16, 1977, execution of Modification #709 (renumbered by DOL as #809) to the County's CETA Title VI Grant (DOL #06-5004-60), thereby applying to the U. S. Depart- ment of Labor (DOL) for an increase in federal obligations of $12,006,224, for continued operation through Federal FY 1977-78 of. the County's expanded CETA Title VI Public Service Employment Program, and The Board having received notice from DOL regarding approval of said Modification, along with a request for immediate reassessment and revision of CETA Title VI program plans as necessary to assure that, in accordance with newly-announced federal policies, all available funds will be utilized in FY 77-78, and the maximum expanded CETA Title VI PSE "sustain- ment" participant enrollment level will be maintained for the entire duration of FY 77-78; and The Board having considered the recommendation of the Director, Human Resources Agency, concerning the need to promptly execute a new Modification (#810) to the County's CETA Title VI Grant, which revises the CETA Program Planning Summary, Budget Information Summary, and CETA Monthly Schedule, so as to provide for increasing the maximum expanded PSE enrollment level from 1,124 to 1,152 participants (with said increase to take place in the months of December, 1977, and January and February, 1978) , and to provide for maintenance through FY 77-78 of the new maximum sustainment enrollment level, in order to assure conformity with the newly-announced federal policies and to assure continued maximal obligation of CETA Title VI funds by the Department of Labor; IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute CETA Title VI Grant Modification 4810 for submission to the U. S. 4_= Department of Labor. PASSED BY THE BOARD on December 6, 1977. 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 Orig: Human Resources Agency Supervisors Attn: Contracts & Grants Unit 6th December cc: County Administrator affixed this day of 1977 County Auditor-Controller County Manpower Project J. R. OLSSON, Clerk Director Department of Labor BY , Deputy Clerk Maxine M. Neuf ld RJP:dg r71- 1 0 H-24 4/77 15m •r , It irtr l It .I 1.,,1 Itt , .t .tr tl Irl I .\Iran I .y:. ,. .,.r ,..I 1. .. ..r \.rinrrlrrr � rnrlurti r\ttt 1 rrtr i Irt;.�;ll ',Ilr;,t �.Iliil► llt I I (►Ir M 1x11 itlll .-rl..-.r.nerllV• . ..P1 ui•-.•r.f n -r it rn.�r•rr•.r, ran u..n �Lr of Labor County of. Contra Costa Eisp4oyM_:nt and Training Ad-ministration Admin-istratiort iidi; I;--ca rep 450 Goidea Cate Avenue Martinez, California 94553 tdDS�1 San Fr ncisco. Californin 94101 Pa,yuen s ,,ant is entered into by tl:e Unit:'_ States of Arr.2rica. Department of Labor, F: :'t0 nt and i r�n:n 1" F::-..-;'t07 rag Administration, hereinafter referred to as Grantor and !,vanie of Pr:rrt Sponsor) _-COunty---o,f .CO;zr--a.•Cost•a ...........I.......»hereinafter re �I:yd to as Grantee. The Grantee agrees to op--rate 2 Carr:ur?C�^Si'!o Erncloyrnent and Trainirg Prograrn in ac:ordance with the provisions of this ac,:eemert, i:icludirg the Co..prehensive Manpower Plan and such Several and special assurances as are included 'herein. A.GRAN i PERIOD This Grant agreement corers the period !Jere) from .-Jan.uax.y-Aja,...1.9.75--.. to.._ ptg�,t ��-3(lr••• 13$ B. OBLIGATE ION This actian 0 increases ❑ decreases ISI does not chan � he federal obligation for this Stant by �g�'. d y (rhe: .:cnorr) S ......Mk -._.._..._.._.. to !ntw Ievrl) SK. C. TITLE AND FISCAL YEAR 1976 TOo t, FISCAL YEAR TITLE til 1,► (C) ► TOTAL TITLE I L'a�e Incentive i I M,•retionA" I 1 TITLE II (t 79e.25� 1 7 on,25.4 Mnicetionx[r I t GY I I TITLE III InSiana y) 1Ii x.'atit 1I:'LE Iv BA3e 5,773,0369 n t 2i 3 I i, t or, I �OTAL 16,794,567 7 f tr 5 D.GRANT ALLOTMENT o«6P (This is t,`e announced allotment which is subject to availability of fur-_:s and goes not ccnstirute a federal obL;aticnj E. .,nis odi:icr-_ ation quest %rill resultrf iz '� a o-±,";=ion to the ;rant ay;-2-!anent, and!.,- �ApI a substantive c ange to the Comprzehtmsive Manpower Plan. l APPROV$U FOrr rHt: GRne.t•OR UY APPNOV�D FOR THE: CRA.-J:Cc 9V l JJj ErtilL`. DouQiaS TITL= T1 i LE Grant OfLl^era B �' c G rr i __.)z d o� S._a_r-v_sors SIC.%r E OAT. Stc:r r .i= -Z) - , a E5 PAN 1978 !1- �r i �.SCnrC1. IV1i�rofiinl�tl wiih board orr+�: `TA NARRATIVE (Accompanying Modification #810 to Grant 1',r'06-5004-60) This modification is submitted in response to a request issued by Region I}, DOL, through CETA Regional Bulletin #84-77, for reassessment of program plans and revision of PSE hiring schedules. The CETA Monthly Schedule, Program Planning Summary, and Budget Information Summary have been revised so as to provide for an additional enrollment buildup in the months of December, 1977 and January and Ferbruary, 1978, to increase the enrollment ceiling from 1124 to a new ceiling level of 1152 by February 28, 1978, with the new sustainment level to be maintained through September 30, 1978 (with maintenance of project positions for the maximum authorized duration of the project) . These revisions have been made in accordance with announced Department of Labor policies requiring maximum utilization of available funds in FY 77-78, and maintenance of the February 28, 1978 sustainment ceiling enrollment level through FY.77-78. The revisions are based on calculational formulae provided by DOL, with computations are incorporated in the "Worksheet for Replanning". This modification constitutes fulfillment of Title VI modification plans as transmitted by wire to Region IX, DOL, on November 30, 1977. 0 ri A. GRANTEE'.', N:,'.IE AND ADDRESS U.S. 0CPArirrACr4r or LA6011 4, GRANT NUN,EMn County of Contra Costa Employment and 1'raIning Adnitnlstratlon 06-5004-60 Board of Supervisors 651 Pine Strcet BUDGET INFORMATION SUMMARY C, TYPE Or- PnoGnAM - -"'- rr_trtinez , California 94553 1. Cl Tme 1 3., O Thin III a. f71 nu: VI 2. 0 Tllle II D. FOR REGIONAL OFFICE USE ONLY CONTRACT KEY MOD. DATE Z I O A rl Ya u o ° ►- 1,i a o u u u t; Sn.o c E 'u Z O VI Z V U O Z 1.1M DO YY e 0 61 7 0 0 10 11 1? 1J 14 1, 1G 17 l0 19 20 21 22 23 2n 25 2G 127 2�293CJ E. BUDGET SUMI'AARY COST CATEGORIES a. CnANT PROGRAM ESTIMATED UNEXPENDED FUNOS NEW OR REVISED BUDGET FUNCTION On ACTIVITY I, TOTAL _ b. 1'cdcral c. r�on•Foocral d. Federal c. Non•Frdr.ral 7. 7 ?• t ,ir 1 y t';T� 1�..-.,�;; . ,'.- .,r+,-- n ;S;` 1 2 J 21 26 f'.�.r. rf i t� : �' t. I. ministration ! +i t ,f ft t f ( G 2 !, 1 ,759,671 .00 2. !J!ovrances 35 3. Wy7 cs ' ..l L: �Ji+•. •i. 1, t • ;,l j,i ,.1 +1yr^ , �•' �.� ;N, ^:��: '�(r A 48,819,4 7 nn Frinse benefits I��r•,r�,.t r :� :......-..._:. ' "—.— 53 'n n It. •', `,lr .' ��•,,•„ , _...__•� L. ., :i.... 't.� �, r.� ' :';r ..� w t ,1{ W f� •••��� 7.� `Jn ..w •..+ �.:r .. ,......�:,._:...,:.t 5. T:a:nir,g4 ,617 00 -- 6. Srrv;ccs ; 71 J1 2 3 2 1 �G ---�----- ------ 7. Totals G 1 -0- -0- 13, 122,086.00_2,08 - - 1 1 '1 F. CUMULATIVE OUARTERLY PROJECTIONS OF OBLIGATIONS AND EXPENDITURES )for Ouarrer Ending) 1 2 ] 1 t 21 2: 23 24 .^'_ 1 2 J 2 27 2J ?4 25 1 2 3 2112 26 26 2G 20 1. Prime Sonar Obligations G 3 3,200,084.00 G v -!q ! G 3 1 C 2. To'af Frolcctcd Iix endilures b Program 35 — r q—L L-•�'U�J.00. - 1 -- y �` _ -1,2nn,�.£,!i no _3 ,;ri2,64"t 00 :;: Board of ;supervisors PROGRAM PLANNING SUMMARY � 651 Pi11c Strcct GIIA,.'T .Y~A it 1'TSCIii, YEAR 1978 To d.-TYPE 01' rilOGIIA?", 1'1:arFrom Cincz, CA 94553 1. T:1 Tnto 1 1. I:) 7111. III ',r,nuty -- rt 1)D�1 r 1_427 S�.(LmILcJ--30,-19 2. --) 7111M 1t A. (yt 1II,. v1 ___� FUn flrCiUNAL OFFICE USC ONLY IN STIIUC11UN5 full CUMI'LETING SECTIUI4S I, It. Atli) Ill -_ - - _-- Y - -- •-- 01 Sec. I: A (Total Enrollments) It the tum of AA AM A.2, 0 (Total Trrminalhns) it Il,n nun nI f;,1 it• CONI Itn( T I(CY ) r.A(71). I1AT1: ; A,3. C (I'I,tnncd Enrollmenit) 1s A m{nut n. . � -, h c + See. I(: tinier In line (a) EnnAmenls In each prrgrnm aetivlly mintulAlively lllro"gh the rpAnt y•.,r, A-A I., r l� ii '? �i � ' K E 'i a o F 3 O t] (b) the numb!r of parllclpanls j+lioned to be enrolled In cath Program Ar1)vlly At 1)+r r1.1 rf !.,• u a n z vt11 Z vu o quarter: particlpants who are concl]tTr.n117 enrolled In mnro Ilan one -clMly '}to'11r1 be r,•Inln 1 ;r• 0707 U p Y v aetivlly In Yellen they aro enrolled, Src, III: linter the eiunulallve number of l,artlr{pants In each ugmrnl to lr- cnrellrl dwity, lhr gr.rr Trn i 1 t t 1 R 1 L 11 `' 11 l'll?I 1` ); lc' I, 1 1' Y '�Z' ti �b� 2', 'D;� 1( (arllrlpanlA thould be counted In at many slgrtlflr-.vtl s +)mrnl grcupt at a;r al,plir.tl„r I. ENnOLt_MENT AND TT•ltMINATION SUMMAnY GRANT YF.AII•TO-DATE PLAN i °. nrPonT A. TQ TAI Ill. TOTAL -..r - _.--__-. `_._-.-_ r•• r�Ln• -- ,I CNnOLL• 1. Cornu• 2. PArIIU• 1 CrIMINA, 1. Enlerhg �, Omer ]. rine. 0 1'Cn1UD mrnit rt��'tls clr.i, Crtgttoyrrrrt S.Ulreel b..lnrllr!ct e. Obtained rgtlllve r.ttllrv. rlrr'rf-L' y r.tt NT5 ON rlcmlt - ---- 1- ____.. _.-_--�----=-Tom;,.--r.—: - — - ->-_-• -- --=------ ----- _.- ----Y-�- ---_. ..._ :.,--�_=_' _ -•-- �- - ---' -.-:. _ : -. ._.- •-..- --- -- •_ - --- luls•yr._ Uvr.r �— nn s npinrrnm fen r �r ••. I 1 7 ? ( l -1?�l7 S -7.1 _i9 _52Y _ 5- _ 19 _° 3 l T --UM 'Z 3—__ 1091: r .3_ O>r_ _ 23 70__- - 3 19 --115 � -- 152 o G �R6 IQ7 i, _134 42 =0.- _ 15_ 27 _12 _80 1.15? o .r...Li� _ 1094 ;� 49 -0- _17 32 14 94 1152 r:1 51 TA I nt !d T1 >n 11, PLANN ED EIII10LLMENTS 114 PROMIAM ACTIVITIES IV, OTHEn ACTIVITIES A n C 0 T. 1 CLA9Sf1001r1 TRAINING On-the-Job Pub. 5mrt•k 1'/oil, IrKlitatC OIhCt I,ctivilirt a strrclel PrC;enn+t On ancc- r Tralning Uninhrrnntl CrTnlnnco Rht» ,hrA,s. Vnc. Cd. '_- mr:nls, Deseril7r, their oh eclivrs •tad hit m In;lnnct 1 ------- c - - ( +! Tot.+l [itrnlln,rnlr _ 1 2 7 - � — loward lltrir AChieMrrr.nt ,n a nwsnlirnln^ rx n,r,.Y, I In) dun enllt• Cnrnnrd 1 7 prescsilrtl,on. C. 2 .41 Tnlal Cnrollmantt 0 3 7 I t -�3 h) Currently (-nrollrtd1192 0 J l •— — 1 - 2 —A) tnt”' l,nrr+ll.,,r„lt 0 G T 1986 _ I h) C+urantly Enrolled - 0 G 7 7 - I 2 a) Total Cnrnllntrntt 0 0 T 1 .109 1 l b) Curranlly Cnrollyd 0 9 T J - 2 212. :, '-Ij 25 J1 3G sl t Ill. SIGNIFICANT SEGMENTS WIANT YE:Art-TO•DATE PLAN 51C1r1f'IrAr4T GnANT YEAn•T.,n• DAT[ PLAN 1?/.11 3/]1 G/30 9/30 SIGNIFICANT 17/31 7jJ1 6/30 _ 9/30 � SLCMENTS SEGMENTS (•+I (b) W Id) (a) (bl lc) (rl) j n —257 -3Il5_— --1 9 2 41_ r _ 175! 180 181 185 o + au_ 28n 280 280 El D ETA 2.202 (Jun. 1 uaxl nuP.r,•...1 tin. .t 4.H17T5 ,. .• � II 1 rPlr�•I:l (Int., '1 Ill/ f u . .• •'I All..18 . I n.,,l.......'nl » ..I i..n.l.,, ,\Jn.In I.I,.1nn r l \ ;11 rl f.lT \ T tLI• i t'.1 Irl (111 )NIIII Y `�t:lip 11111 , .I j .. 1'.11 L'. '�.l•.'F .1N11 /lll ll;(.�.'. ... __(:Il rlt/I t11,IM11F t1 Contra Costa County I Board of Supervisors 05-500 -50 651 Pine Street :•iartinez, CA 94553 RN=UCTIONS IL Ent:r the number of participant: planned to be the total number of participants who are enrolled into a CETA Title 11 funded public ;_hired to be in L'a program covered by this service job who are rehires. A rehire is any s=hedu!e on the last day of each month. The individual who has been laid-off from regular, e_-ztries in March. June, September, and December unsubsidized employment by the prime sponsor emuld a;.ee with the entries in Part IC of Lhe or agent and who is subsequently recalled by Ro;ram Planning Summary. the former employer into a CF.TA•!unded position as a participant. P.I. :tc Lhe planned accrued expenditures of Title I1 funds cumulative by month. The totals in December, March, -:u-e, and September should agree with the entries in Part F2 of the Budget Information Summary. 1. NUmBER OF INDIVIDUALS PLANNED TO BE ENROLLED III. CUMULATIVE PROJECTED EXPENDITURES AT END OF EACH MONTH BY MONTH 22 26SUS. PROJ. 22 76 MONTHM M Y Y vi MONTH NI M Y Y < o a 444 6 z G Q O C T 7 �1 1 ,066,376 1- o N 71 7 444 680 N 10 IV P.P 2,116,574 DG 1 ` ' _t=- ' D 1717 444 608 s z DEC 3,200,084 _ t..- J J1 0 1718 444 653 J JA (N F P 4,324,816 F 7 8 444 708 F E V P 5,474,916 M 7 8 444 t1 R 6,549,643 G 708 V E 7,648,914 A � 7 8 444 708 A R � ' 1. f -- - Pi 1k k 1718 444 708 1f A h 8,469,411 • L.: J V 1718 444 708 J lu Nh 10,195,364 J 1718 444 708 - - J 11,167,525 A 7 8 444 708 A r, 12,139,686 - = S 1718 444 k08 g '3,122 086 •sl ;1 11. PREVICUSLY EN:PLOYED DY SPONSOR OR AGENT w— jFOR REGIONAL OFFICE USE ONLY f CONTRACT KEY D C _ u In > � n noo c LL QZ' � Z "" 2 ()4)`�� J , 1 i , t - ` s ' � :` s �, iozi J t� z,1*st ! ,e I r�•zt FTA {�OPK;HEFT FOR Rr PI AN"J[N(: '.1'17'1._: :f 1. TOTA%. FY 77/78 AVAILNBILITY (FY 76 CARRY—ItI PLUS FY 77 .U..00ATION) " 5,626,842.00 24,633,589.00 �) ESTIMATED CUXUL.ATILz EXPENDITURES, INCEPTION OF - GRb1iZ rHRU 11/30/77 3,103,033.00 13,116,608.00 ; 3) FUNDS AVAILABLE FOR EXPENDITURES 12/1/77 (LIr.L 1 MINUS LINE 2) 2,523,809.00 11,516,981.00 ;) ESTMkTE OF 11/30/77 0-4-BOARD ENROLI-MENT 221 1017 5) .AWUSTED PLAINMED 21MYEAR COST 12,000.00 12,225.00 '6) COST Or SUPPORTING Il/30/77 O.B. ENP-OL-r2-!SNrT TO 9/30/78: - 5'n10tIOS_ - 12 2,210,000.00 10,360,688.00 7) FL7SDS MM-UNING FOR ADDITIONAL BUILDUP 313 809.00 1,156,293.00 i'ROM 3.2/1/77-2/28/78 (LINE 3 MINUS LINE 6)f , 3) XMIBER OF PC3ITIONS TO BE ADDED BY 2/28/78: i Ft' i DS REM.AIMUG (LIZ`S 7) L .N:ONTH COST X 8.5 MOS-** 37 135 9) PLAYYc,D ON-BOARD ENROI TUMENT L_ r--L 2/28/78, _ (LII3E 4 -1- LINE: 8) 258 1152 if-)) WE PLM TO SUB?11T A t:ODIFICATION BASED ON Yes IL.PL_=�3'PN1NG. (YES/NO) Yes *Prime sponsors (Alameda County in Title II and Alameda, Contra Costa, Butte, San Luis Obispo, Santa Barbara, and Orange Counties iti Title 1I) that modified their FY 75/76 grant to incorporate the IY 77 progra.-a shot.-Id incluse all funis in t:ie grant plus any outstanding FY 77 allocation in tota? a ailabilit.v **Assuming uniform buildup from 12/1/77 to 2/28/7Q and naintainin.,- t_t._t ]ev;_i t`;rough 9/30/78, the average length of participant enrollment fat .;i;:itioa;l F-J itiorz: is 8- 5 of Conffa Costa County, State or California December 6, , lq 77 In the Matter of Authorizing Acceptance of instruments For Recording Only It is by the BOARD ORDERED that the following Instruments are accepted for RECORDING only: Instrui7ent Date Grantor Reference 1 . Offer of Dedication for Drainage Purposes 11/11/77 George S. Nunn SUB MS 107-77 2. Offer of Dedication i'ot• Roadi•:Zy Purpfzses, 11/11/77 George S. Nunn SUB MS 107-77 3. Offer of :'edication N for Roadway Purposes 11/21/77 Edward Firpo, et al SUB MS 89-77 3 4. Offer of Dedication for Drainage Purposes 11/3/77 Hazel Hult SUB MS 100-77 Q 5. Offer of (.'•edication a- for Drainage Purposes 11/23/77 Hazel Hult SUB MS 90-77 > 6. Offer of Dedication for Drainage Purposes 11/10/77 Pro-Land Development a Company, a partnership SUB MS 90-77 0 c� ir 7. Offer of Dedication 0 for Peadway Purposes 11/9/77 Pro-Land Development Company, a partnership SUB MS 90-77 8. Conservation and Scenic Easement Deed 11/2/77 Centex Homes of California, Inc. SUB 4948 PASSED by the Board on December 6, 1977 hereby certify that the foreyr,:eino is a true and corrcct copy of as order enierod on tho rii;:u;:s of said food of Supervi:o:s on the date aforesaid. Wi"Ie:.Ss r:I hcnd arid ti:,= Seal of ilio Board of Sur-.:rvisors arrxcdi-•_6th dcy of Dere!n')er 14. 77 J. R. 0LS-01%, Cb:rlc Deputy C4crK 01-iginatin,g Department: Public Works A. �Sell Land De•ir:lc;�-,-ent- /:_-!c-n cc: Pecorder (via P. W.) 0�� t uld is ,,or,.s Director 11 - 24 ; i•rr•ctri' of PlL-1iinifig In the Board of Supervisors of Contra Costa County, State of California D E C G 1977 119 In the Matter of , Approval of Medical Services Chaplaincy Contract Amendment for Insurance Clarification IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute Contract Amendment #26-013-4 effective October 22, 1977, to clarify insurance requirements for Medical Services protestant chaplaincy service under contract with Council of Churches of Central Contra Costa County. PASSED BY THE BOARD on DEC 6 1977• 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 Orig: Human Resources Agency Supervisors DEC 6 1977 Attn: Contracts & Grants Unit cc: County Administrator affixed this day of 19 County Auditor-Controller County Medical Director J. R. OLSSON, Clerk Contractor Byzz Deputy Clerk EH:gm 9)iDr .t7 H-24 4/77 15m CON!'I'VACT Att: Nt►t•1MIT AGi EEMIENT ^os t o County Hu: an Resources Agency) Number-26 - 0-1 umber26 - i - = of Cor t to be Amende"-. ? 7:be, 26-013-3 Medica.1 Service. Profc!ssioaal services for Protestant Chaplaincy at County Hospital ==fe:-i:•e Date of Contract: July 1, 1977 2. County of Contra Costa California (County), for its Department and the following named Contractor mutually agree and promise as follows: Ccrctor: Council of Churches of Central Contra Costa County California non-profit corporation reSs; 404 Gregory Lane • Pleasant Hill, California 94523 3. ;a LG. The e=lective date of this Contract Amendment Agreement is 1977 4. --- en :Zecifications. The Contract identified above is hereby amended as set fc= _.. Specifications" attached hereto which are incorporated herein by reference. 5. _=__' " cr=_Y. This Contract Amendment Agreement is entered into under and su=' _o ^.e following legal authorities: California Government Code 31000 6. —=_tu_^es. T::ese signatures attest the parties' agreement hereto. CALIFORNIA �^ CONTRACTOR B �. Q_-•r.oC ByBoard of Supervisors ' (Designate official capaci�_n business At=e_.: j. R. Olsson, County Clerk and affix corporation az. .) State of California ) B} County of Contra Costa ) Deputy ACKNOWLEDGMENT (CC 1190.1) The person signing above for Contractor iRecc—=:'cZ by -unar. Resources Agency known to me in those individual and '7 business capacities, personally appeared before me today and acknowledged that he/ By ( '•Gt�i� - w �' 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 di-sectors. County Counsel F0 Ni :�^^R0��ED1 Dated: By -0 Depuzy fDenuty County Clerk Microiiimsd with boars, 9:-. !it•-ND:•ENT SPECIFICAT10t•S Number Contract identified herein is am4nded as specified below, while all other parts of said Contract roma Ln unchanged and in [till. effect. 1) Paragraph 9. Legal Authority is :upended to add Legal authority for the term of this Contract as follows: "This Contract is entered into under and subject to the following le�.;al authorities: California Government Code 31000." 2) Special. Conditions are modified as follows: "Paragraph 19, Insurance, of the General Conditions is hereby modified to read as follows: "19. INSLRNCE. 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 require- ments: a. Liability Insurance. The Contractor shall provide a policy of comprehensive liability insurance with comprehensive single lia- bility coverage of $100,000. In addition, the Contractor shall provide a policy of comprehensive liability insurance for owned and non-owned auto- mobiles naming the County and its officers and employees as add- itional insureds, with the following minimum limits: (1) $100,000 for each person and $300,000 for all damages arising out of death, bodily injury, sickness or disease from any one accident or occurrence, and (2) $25,000 for all damages arising out of injury to or destruction of property for 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 provi- sion 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 insur- ance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policLes. 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." Initials: �y _ Co tractor County Dept. 00 20 in the Board of Supervisors of Contra Costa County, State of California i UEC' f 1977 19 �. in the Matter of _ Agreement Governing Use of Community Room of Coast Federal Savings and Loan Association #22-089-1 IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute "Agreement Governing Use of Community Room of Coast Federal Savings and Loan Association," #22-089-1 for the County Health Department to conduct its Child Health and Disability Prevention Program Advisory Board meeting on January 25, 1978 with no rental or use fee, and under terms and conditions as more particularly set forth in said application agreement. PASSED BY E BOARD onr(; 1977 TH 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 op 19 G 1977 cc: County Administrator affixed this doy of t9 County Auditor/Controller County Health Officer Coast Federal Savings �'�f J. R. OLSSON, Clerk and Loan Association B��j' / r i , f Deputy Clerk 0t3r�1 15m GOVERNING USE OF COMMUNITY ROW] OF 2 2 - 09, 9 - / COAST FEDERAL SAVINGS AND LOAN ASSOCIATION (COAST FEDERAL) I li.- tin-1--r-Auted %,oarrants that (Ile)(Aiv) i-the(fill% authoariz,-41 r,lor,"-wath,of Child Health and Disability 2z anrinn Prngran Han"ItIl Depqr:---,n _C_Q_un_tv of Contra Cost-, .1!!.! .!_-rees that aid ()r_,jnizatioii -hall be hound 1.% tire- rule; ;ill(] cmulitimir svt forth belonv _-,-%eruing tilt- u,'l- b% Organization or (..-.t-t Ft-deral*.- Community Rumn at its branch office located at 622 Contra Costa Blvd Pleasant Hill , CA R.",nation date: January 25, 1978 Datr(s) required: January 25, 1978 (LIMIT4 RESERVATIONS) 1,1 rill* Of nicetinu(s) fri-orn 7:00 r.- Number ofanticipated alt-ndevs — 0 lill illium.roup size-allowed Rit"I.ES AND CONDITIONS: I. The under-Auned will be responsible for picking tip the door kry(s) prior to tilt- meeting and returning same to Coast Federal no later than the following busin" cla%. Date kry rt-(-,-i%t-d initials 2. '\to food or alcoholic lieve-ragrs will be sened in raid Coinninuit% Room. No games of chance will take"plan therrin. 4. No admission charge will be- imposed for attvilding Ineetiliff..; held therein. Nothing will be taped, glued or nailed to ;ill% of tilt- walls of the Ct)lilllltjllit% Room. to. *File- Coininunit% Room will not lit-tisf-d for part purposes. No candles will be ti-.4-d therviii. V. Tile-Organization assumes full responsibilit% for any damage or loss of furnishings or equipment resulting from use thereof. 9. The roclin and ally kitchen facilities.chair-4, tables.etc..will be left in a clean and ord,-rl% ritanner. ill. I'lit-Organization shall hold Coast Federal and its directors,officers;lit(]vinployers.harinlez.and hall idemnify said parties from any and all claims against them or any of thein. what.-ot-ver in nature, arisiva out of tilt, Use, of the CoMmunitv Room by said Organization. 11. Coast Fecirral r--sen vs tilt- right to cancel this re.ervation at any time with or without prior notice to the Organization. and (]-m.4 Federal shall riot be respon4lilc for art% liis.4 or danria-,e su:.talned by Organization a_-a result of said cancellation. 12. Attendee., will not park in Coast Federal'Q cli4toizirr parkiii- area while- atteudinV g meethiggs held during g regular G.Pa,t Federal 0 btlSiness hours. 1::. The Organization agrees to vacate facility in accordance with agreed upon allocated time noted ill this agreement, and in any V ca.:411 110 later than 10:30 p.m. 1-1. Organization assuines re.,pon•ihilit% for the securih of facilit% duringV use ofs-dine. I:;. The undersigned will promptly notify Coast Federal'.,Branch Manager inimrdiatek if Organization cancels any scheduled meeting V I(I. Undersivned certifies that Organization is non-profit ill nature and structure and understands that thi-iCommunis Room is jorcivide-5 a.; a service to the cir'onimunitv by Coat Federal Savings. . i r THE COMITY OF CONTRA COSTA FOR ITS HEALTH DEPARTMENT'S CHILD HEALTH AND DISABILITY PREVENTION PROGRAM NAME OF ORGANIZAT-erg---(YPE) 7.0,2 m Street Martinez 94553 0 GA ATI CITY ZIP CODE Chairman, Board of Supervisors PC-INAM RE OF ORGANIZA 101"I PR 14TATIVE TITLE DATE Wd N. Boggess 3.j;2-2635 —un f, 1977 NAME OF REPRESENTATIVE IT BUSINESS PHONE HOME PbjQNE IDENTIFICATION CL T .17: ir 6Y i7 E TITLE OAT If r92 SVV 1.76 Microfiirncj- with board Ord" l ` In the Board of Supervisors of Contra Costa County, State of California 7EC 6 1977 , 19 In the Matter of Approval of renewal of contract 420-127-1 with Southside Community Center for the Area Office on Aging IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute Contract 420-127-1 with Southside Community Center as requested by the Area Office on Aging for provision of residential maintenance services for older persons in the Richmond area during the period October 1, 1977 to June 30, 1978 at a cost of $3,750 in Title III Older Americans Act Federal funding. PASSED BY THE BOARD on DEC 6 1977. 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 DEC G 1977 cc: County Administrator affixed this day of 19 County Auditor-Controller County Social Service/ J. R. OLSSON, Clerk Office on Aging ; Contractor B Deputy Clerk EH:dg H-24 4/77 15m Contra Costa County Standard Form S'T'ANDARD CONTRACT (Purchase of Services) 1. Contract Identification. Number 20 - 127 . 1 Department: Social Service Subject: Area Agency on Aging Residential Maintenance Services for Older Persons 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: SOUTHSIDE COMffUNITY CENTER Capacity: Nonprofit corporation Address: 745 Marina [Jay, South, Richmond, California 94804 3. Term. The effective date of this Contract is October 1, 1977 and it terminates June 30. 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 3,750 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 1977/78. 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: 42 USC §3201 et seq. ; 45 CFR 8903.0 et seq. ; and California Government Code 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY A CALIFORNJA CONTRACTOR By Chairman, Board of Supervi ors Chairperson - Board of Directors (Designate official capacity in business Attest: J. R. Olsson, 'County Clerk and affix corporation seal) / State of California ) B( �� `f County of Contra Costa ) ss. Deputy ACKNOI&EDGEMENT (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 ` ��Gr�zGf` 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: c-.�1__'yr FOP,lf APPRO17ED By HR,1 ,It / Dep .EWA i�C�4_� C ' IAL y County Clerk -- — * ROSE MARIE LOVATO m WTARYPUBLIC-CALIFORNIA M+crofilmed �y�tl1 CONTRA COSTA COUNTY (A-4617 REV 6/76) bJard order My'CommitslonExpiresMar.9,1978 D, il: Box -1669, Richmond, CA. 94SUf Contra Costa County Standard Form PAYMENT PROVISIONS (Cost Basis Contracts) 20 - 127 . 1 Number - ^ 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: [Check one alternative only. j ( ] a. $ monthly, or [ ] b. $ per unit, as defined in the Service Plan, or [ X] 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. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with: [Check one alternative only.] [XJ 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. (A-4618 REV 6/76) 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. 0J)r`) (A-4618 REV 6/76) -2- SERVICE PLAN Numbe O - 1 �- 1 During the term of this Contract, Contractor will provide a project for delivery of residential maintenance services for older persons (age 60 or over) in the Richmond area. The program objective will be to identify older persons in need of minor home repairs and link them with community resources available to make the needed repairs. During the term of this Contract, Contractor will facilitate house repairs for 100 older persons. The following components will constitute Contractor' s program: 1. Personnel. Contractor will : a. Employ one older person as a part-time coordinator. b. Recruit and orient volunteers for project participation and service delivery. C. Organize a project Advisory Committee to advise on policy issues and handle grievances. This committee shall meet at least once a month. d. Provide training for volunteer and paid personnel. 2. Program Implementation. Contractor will : a. Inform public about services and eligibility and application procedures through the following means : (1) Written handouts and media announcements. (2) Interaction with community groups. (3) Liaison work with city and county sponsored housing programs. b. Recruit sponsors for identified home repair projects. 3. Program Services. Contractor will : a. Establish a list of eligible repairs; such list to be approved by County. b. Establish a list of available service providers and area persons with handyman skills. C. Solicit materials to be used for home repairs through purchase or contribution of such materials. d. Accept referrals for service and coordinate service delivery between clients and repairmen. Total services supplied one client shall not exceed $200 in value. e. Work out exchanges of labor between clients and repairmen where possible. f. Provide follow-up to assure that requested services are carried out. g. Inform clients of workers' compensation laws. h. Provide 100 client referrals for repair and maintenance services as provided herein. 4. Reporting Requirements. Contractor will : a. Submit monthly fiscal and statistical reports in the form and manner required by County. b. Provide a quarterly and final program evaluation. c. Provide information as it becomes available for Area Agency planning activities. 5. Budget of Estimated Program Expenditures. 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," attached hereto, and incorporated herein by reference. Initials : Contriactor County Dept. BUDGET OF ESTIMATED PROGFRAM EXPENDITURES Residential Maintenance Service 20 - 12_ y Number — ^ Contract Local Share (Federal/County) (In-Kind) Other Personnel Residential Maintenance Coordinator $ 3,000 $750 Mo. at 1/2 time = $375 Mo. (by contract) Travel 400 Building Space 300 Printing & Supplies 350 Utilities & Telephone 117 163 Equipment Desk and Chair 90 File Cabinet 30 Contract Payment Limit $ 3,750 $ 417 $ 283 Total Program Costs $4,167 Initials: Con'Eractor County Dep . �4�4, 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 he 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 ma_y 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. (A-4616 REV 6!76) Contra Costa CountV 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 determ.'nation 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 m,,isdemeanor. 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 small be used, in whole or in part, for religious worship or instruction. (A-4616 REV 6/76) -2- 0 vl! Contra Costa County Standard Form GENERAL CONDITIONS (Purchase of Services) 18. Idemnification. 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, the County, its agents or employees, or any other person or entity. 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. (A-4616 REV 6/76) -3- 00Cti1 l � In the Board of Supervisors of Contra Costa County, State of California p r, x; 1977 , 19 — In the Matter of Approval of Contract #20-138-2 with Concerted Services for Area Office on Aging IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute Contract #20-138-2 with Concerted Services for provision of residential maintenance services during the period November 1, 1977 to June 30, 1978 in the amount of $3,750 in Title III Older Americans Act Federal funds for the Area Office on Aging. PASSED BY THE BOARD on DEC 61977, 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 DEC 6 1977 cc: County Administrator affixed this day of 19 County Auditor-Controller County Social Service/ J. R. OLSSON, Clerk Office on Aging Deputy Clerk EH:dg n � H-24 4/77 15m 1 /0)jt 2 Centra CoSLa County Standard Form STANDARD CONTRACT (Purchase of Services) 1. Contract Identification. Number 20 - 138 -OZ Department: Social Service Subject: Area Agency on Aging Residential Maintenance Services for Older Persons 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: CONCERTED SERVICES PROJECT Capacity: Nonprofit California corporation Address: 27 Columbia Circle Pittsburg, California 94565 3. Term. The effective date of this Contract is _Nouemher 1, 1977 and it terminates Titnp 30, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 3,150 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 1977/78. 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: 42 USC §3201 et seq. ; 45 CFR 8903.0 et seq. ; and California Government Code 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY F T TA, CALIFQRMA CONTRACTOR i o99ess B By N. fia By Chairman, Board of Supero sors ' President, CSP BOARD OF DTREC`iC 6 (Designate official capacity in business Attest: J. R. Olsson, County Clerk and affix corporation seal) State of California ) Bv'�+ 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 that he/ B. �`u'4: r? u�E9 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 y� Dated: FORM APPROVED By, NR,1 Deputy Notary Public/Deputy CqOnty Clerk OFFICIAL SEAL IREN� D. COOPS, { )j 1 r:o %1E LIC c:u. z.:a �ll tl (A-4617 REV 6/76) 1� J,.;� Microfilmed with board order �j -- _-_ `-`� ' _ 3'' Contra Costa County Standard Form PAYMENT PROVISIONS (Cost Basis Contracts) Number 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 [X] 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. 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. (A-4618 FEV 6/76) -1- ��� �34 Contra Costa County Standard Form PAYMENT PROVISIONS (Cost Basis Contracts) Number 5. 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 REV 6/76) -2- ��� � SERVICE PLAN Number 2 0 — 12 - �— During the term of this Contract, Contractor will provide a project for delivery of residential maintenance services for older persons (age 60 or over) in the Pittsburg area. The program objective will be to identify older persons in need of minor home repairs and link them with community resources available to make the needed repairs. During the term of this Contract, Contractor will facilitate house repairs for 100 older persons. The following components will constitute Contractor's program: 1. Personnel. Contractor will: a. Employ one older person as a p;:rt-time coordinator. b. Recruit and orient volunteers for project participation and service delivery. C. Organize a project Advisory Committee to advise on policy issues and handle grievances. This committee shall meet at least once a month. d. Provide training for volunteer and paid personnel. 2. Program Implementation. Contractor will: a. Inform public about services and eligibility and application procedures through the following means: (1) Written handouts and media announcements. (2) Interaction with community groups. (3) Liaison work with city and county sponsored housing programs. b. Recruit sponsors for identified home repair projects. 3. Program Services. Contractor will: a. Establish a list of eligible repairs; such list to be approved by County Office on Aging. b. Establish a list of available service providers and area persons with handyman skills. C. Solicit materials to be used for home repairs through purchase or contribution of such materials. d. Accept referrals for service and coordinate service delivery between clients and repairmen. Total services supplied one client shall not exceed $200 in value. e. Work out exchanges of labor between clients and repairmen where possible. f. Provide follow-up to assure that requested services are carried out. g. Inform clients of workers' compensation laws. h. Provide 100 client referrals for repair and maintenance services as provided herein. 4. Reporting Requirements. Contractor will: a. Submit monthly fiscal and statistical reports in the form and manner required by County. b. Provide a quarterly and final program evaluation. c. Provide information as it becomes available for Area Agency planning activities. 5. Budget of Estimated Program Expenditures. 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," attached hereto, and incorporated herein by reference. Initials: Contractor County Dept. BUDGET OF ESTIMATED PROGRAM EXPENDITURES Residential Maintenance Service 2 0 Number Contract Local Share Other (Federal/County) (In-Kind) Resources Personnel Residential Maintenance Coordinator $ 2,400 Accountant 200 Fringe Benefits 300 Travel 320 Building Space $ 417 $ 2,025 Printing & Supplies 410 Advertising 120 Contract Payment Limit $ 3,750 $ 417 $ 2,025 Total Program Costs $ 4,167 Initials: hl�e- Contractor County Dept. �ot5ti,1 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 nanner 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 Seer za Plan. 00�i 6 (A-4616 REE' 6/76) -1- Contra Costa County Standard Form GENERAL CONDI'T'IONS (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 47aiver 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 ca topped 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 Contrr:ct 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. 1.5. Conflicts of Interest. Contractor promises and attests that the Contractor anti 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 m.isdemeanor. 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 shalom be used, in whole or in part, for reli; ious worship or instruction. (A-4616 REV 6/76) -2- nn (� Contra Costa County Standard Form GENERAL CONDITIONS (Purchase of Services) 18. Idemnification. 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, the County, its agents or employees, or any other person or entity. 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. (A-4616 REV 6/76) -3- 0011140 In the Board of Supervisors of Contra Costa County, State of California DEC 61977 , 19 _. In the Matter of - Agreement with Comsis Corporation On the recommendation of the County Auditor-Controller, IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute an agreement with Comsis Corporation which company will code and test the Municipal Court Inquiry and Transaction Pre- paration Programs , which are part of the County' s Law and Justice System, at a cost of $36 ,945 .00, for the period December 6 , 1977 through March 31 , 1978. Passed by the Board DEC 61977 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 . Dept . - Auditor-Controller Witness my hand and the Seal of the Board of cc : Contractor, c/o Data Proc . Supervisor PjEC 61977 Auditor, c/o Data Proc . affixed this day oY 19 Data Processing Administrator - c/o Data Processing _ J. R. OLSSON, Clerk BY" Deputy Clerk nd)X41 V1-24 3/76 15m 1 For Professional Services : Programming 1 . Parties . Effective December 6 , 1977 The County of Contra Costs , hereinafter called "County, and CONSIS Co-ooration iharei „after cal 'led "Contractor" , pro�ma and agree as follows : 2. Work . Contractor shall , at its own expense , furnish all labor and material required to provide- tile County with the programs defined in the Program Specifications Documentation , dated :;�vesLer 10 , 1977 for Court Calendaring System - Municipal Court Inquiry and Transaction Preparation Programs i ere i na f ter referred to as "tine work" , :•rri tten i n Data Genera • CS40 COBOL to operate on the County' s Data General i;ova 3 ;•lini Computers Except as expressly authorized in writing and approved by the County Data Processing i•'.anager , the !•fork shall, be in strict compliance with zhe p,-ogram specifications documentation entitled , Program Specifica- tions Documentation Court Calendaring, System catad November 10 , 1977 hereinafter referred to as "the Documen%. tion) , by this reference incorporated herein as on file at the office of the Contra Costa -County Auditor-Controller , Office Services Divi - sion , at the date of execution of this Agreement . All programs shall be executable in 64K partition , utilizing no more input/output records , Nies and devices than indicated for each oroaram 'in the Documentation. Any deviation front the above specifications must be authorized in writin-o and approved by the County Data Processing Manager. 3 . Standards and Reports . Systems Analysis and Programming required hereunder shall conform to Part A (Mandatory Requirements ) of the EDP Systems and Programming Standards Manual as adopted by tilt? County Supervisor ' s Association of California , .-ihich is in effect and on file at the Office of the Contra Costa County Auditor- Controller , Office Services Division , as of the date of this Agree- ment. Contractor shall make bi -weekly progress reports to the County ' s Systems Accountant and Prograi-nmer Analyst. t, . Changes . Cha ges a^d modifications in this Agreement may be made by prior written change order of the County ' s Data Processinq 1•.anaaer, accepted in writing by the Contractor , specifying such chancels ) , including adjustment(s ) to price and delivery schedule (if any) , as are agreed to by the parties hereto. In no case 'shall County pay for any extra work or material furnished except as agreed upon in such a change order. 5. Time . Contractor shall complete and deliver the blork to County Data Processing Mlanacer by the dates specified in Exhibit A , Payment Schedule , attached hereto and by this reference incoroorated herain . The County Data Processing Manager shall , if the Work is satisfactory , accept the corpieted Work in writing . Except as agreed in a written chance order, the -.ire for completion and delivery shall 0;11y be extended by a time equal to delay to Contractor solely caused by the County , its software , or its employees . U. Price . In consideration of Contractor ' s fulfillment of the promises and conditions herein , and as full compensation for the Wor'r. , .ounty shall pay Contractor, pursuant to the- Payment Schedule (Exhibit k) set forth herein , the ;.o-.al price of S 36 ,945 .00 subject to County ' s rights o' ter^ina-.ion , deduction and withhold as said rights are specified in Paragraphs 11 , 12, 13 and 14. Microriiinad beard o.-der 001-042 7 . Pa ments . County will pay Contractor the full amount of ti-ie contract when all programs have been completed and accepted by County' s Data Processing +tanager. S . Property. Upon payment for any part of the Work by County, such part of the Work becomes the property of the County. As to such property of the County and as to any part of the Work in process not yet delivered or paid , Contractor agrees not to permit any disclosure or distribution of the Mork or any part thereof or information concern- ing same or any reproduction thereof, without the prior written consent of County, which written consent may be given only by County' s Data Processing „anager. 9 . Incidental Services . Notwithstanding any other provision contained herein , Contractor shall provide the following services ;.o County without cost or charge other than the price for the Work as set forth in Paragraph 6 : (a) Complete documentation of the Work to standards specified herein . Such documentation shall not conflict with the programming language used nor with the constraints of the logic of any program in the Work nor with the ' Documentation . b. Correction of all latent errors appearing within three months of acceptance of the Work, notwithstanding changes and additions performed by Contractor or County after acceptance ; but changes to any of the Work which are not peSformed by Contractor shall release Contractor from its responsibility to correct errors in that part of the Mork affected by such changes . c . On-call assistance as requested by County during final systems acceptance cycle . 10. Testing Facilities and Mtaterials . Contra Costa County will provide a Data General computer 24 hours a day seven days a week for the duration of the programming and testing of the system. All pro- nra;tming will be done on the Contra Costa County Data General computer. Conga Costa County will provide all test data required for testing of programs . 11 . Failure of Contractor to Comolete and Deliver the !-lork on Ti i;te . if Lite Contractor fails to complete and deliver the Work within lite time fixed therefor but does eventually complete the Work , this Agreement not having been terminated by County by the time of eventual ca;;-,,pletion , Contractor shall become liable to the County for County' s loss and damage therefrom; and because it is and will be impracticable and extreimely difficult to ascertain and determine the County' s actual damage from any delay in performance hereof, it is agreed that the Contractor will pay as liquidated damages to the County the amount of $50 .00 per calendar day for each day' s delay in furnishing the Mork. if said liquidated damages are not paid by Contractor , County may, in addition to any other rights and remedies under this Agreement, deduct said liquidated damages from any money due or to become due Contractor under this Agreement; but said liquidated damages shall not exceed the total price specified in Paragraph 6 . -2- 0 5143 • fc,• ra �vrr_icr:cc of Co��n;:;�. At any time 2 eri.l ilii .�„ ., i. ,a dur: nq .!ie period of this Agrcciaanz , Coviity Aiay, at its option, tcriiii i:a ::c t.ii s Agreement for the conve;i once of County upon ten (10; days pr:c.: ti.r; tten not-:cc tc Conti'.:ctor. U;.oii .,crm.inat1or, or &-.he coiiveiiicnte of County, County shall pay, without duplica- tion , the amounts set forth i n Exli ibi t A (Payment Schedule)• for a: l the tlork Mien' compietcd' and delivered to County by Contractor. Cour,t; shall also pay Contractor a pro rata share of the price for he percentage of tJie !•:Orr: in process tl:at. .:as been completed but not yet delivered to County. Such pro rata payment for the Wfork in process shall be co;.:puted on the basis of progress reports sub- -1 t4-cd to and accepted by County. In consideration of such pay- ir;cnIL, Contractor .naives all r i;lit to other payi:ient or damages , and .agrees to turn over to County everything pertaining to the Mork acco:.ipl i sled by Contractor up ;:o file tiii:e of termination. • ;3. Termination for Breach of Contractor. If Contractor at any time ?a--; Is , refuses , or neglects to perform its duties under {.:i i s -Agreement in a reasonable, sat i sfac;.ory manner and faits to remedy such conch ti or. within a period of . 10 days of Contractor ' s recei ;it of :•mitten notice �iiereof by County, County may terminate i:his Agree;ient because of said breach of Contractor. In the event .:iis Agreement is terminated for breach pursuant to this paragraph , zontr actor shall become liable to County for County ' s loss and damage therefrom,; and because it is and Trill be i.mpracticable and extremely difficult to ascerta i,n and %determine the County ' s actual damaga from said breach of t!:e Contractor, it is agreed that Contractor will pay as i iaui.:ated das::ac;es to the County the amount o $50. 00 per ca i endar aay ;:'a:.i t;;e date the l•!ork should have been delivered accor�iIn.g to this Agreement to the date the 'Mork is otherwise completed by the County. If said liauidated damages are not. paid by Contractor , County may, in addition to any other rights and remedies under this Agreemient, deduct said liquidated damages I oza the amounts d;;e or to become due the Contractor under this greecaer,t; but said liquidated damages shall not exceed the total Price spec;ried in Paragraph 6. 14 . No ,!giver by County_. . Inspection of the 14ork by the ..uu„t„ 0.' the statement oy any OT7' . Ce. , agent Or employee Of she County, prior to written acceptai ce of the Vork or any part - t:iereo , indicating that file .,ork or any part thereof complies tli the requirements of this Agreement, or County ' s payments for t:ia whole or any part of the Mork , or any combination of these . acts, shall not relieve the Contractor of its obligations to ful- fill :•iris Contract as prescribed ; nor shall the County be thereby s ;.oppea from. withholding as liquidated damages monies due the Contractor or bringing any action :or such damages or any action :'or en`orcement arising fro^ ttie ;ai iure to co,::ply with any of the tei4ims and conditions of th;s Agreement. 1•laiver of any provision o: this Agreement by County in any single instance shall not ?ri:;;u , ce County '•s right to enforcement of all provisions of this ot.y r eement i L n any other i ns ance. ' 15. Hold Harmless . Contractor agrees to defend , save , iden- .-,•; y aiiG iio � d tiar-less the County grit its officers and employees r ori any aild all liabilities and clams for damages for death , sickness , disease and/or inury to person(s ) and/or property arising f.-oai or connected with Contractor' s performance of this Contract. 5. Insurance. During the en'.:i re tern of this Agreement, mai;tractor shall keep in effect a policy or policies of insurance :'or all of its ampl oyees performing under this Agreement, with 1 imi is of at least $250 ,000 for each pe-i•son and $500 ,000 for each u�.r,*dent for al ; da:iages arising Out, of death , bodily injury , sickness or disease from such acc:der. Y ar.d at least 550 ,000 for ail damages arising out of in 4ury to or destruction of property for tach acc i::ent. Contractor sh.:'. i provide the County with a 4,..•Y . :' . .... _Y of i.surz, ce , nam! -g Ccun _; as a co- . .^...used , as ev ide ice of the above spec ;:er: cc�fera;e. -3- 04);i44 Z3at-ractor s :i.i 1 also provide the Coy;zy w i th a Certificate of insurance evidencing 16-hat- 1,1ori".ien ' s Com..pensation Insurance cover- aya is provided Contractor' s e^ployees . 17. 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, eimployee , partnership , joint ve.^,cure or association. 18. Nonassignable. -his Agreement binds the heirs , successors , zssigns , and representatives o-' Contractor. Contractor shall not assign this Agreement, or monies due or to become due hereunder, without County' s prior written consent. 19. Notices . All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States nail , certified or re54, stry service, postage prepaid. All notices appertaining to the provisions of this Agreement shall be :.ddressed to Contractor' s office located at 2433 Old Middlefield Way, Mountain Viay.-, CA 94143 notices to the County shall be addressed to the Clerk of Board of Supervisors , County Administra;:ion Building , 651 Pine Street, Martinez , California 94553. Theeffective data of all notices shall permit a minimum of two days for transit t:�e 'mails. -, CO ; . ,C v? s By ilia-A4,10.0- UL 0 04 nate Ulf icier' tacit in- usines5 C0NTR r CDS', C^ .1; 1.,Y By hairnan , Board of Supervisor 's APPROVED AS TO FORM ju„X Do . CLAu.,cr11 , County Counsel By 1�m idij "W Deputy County Counsel ;;0-::a to Contractor: (1 ) Execute acknowledgement form below; and k(2 if a corporation , affix corporate seal above. State of California) ss Contra Costa County) ACKNOWLEDGEMENT The person signing above for Contractor, known to me in those individual and 'business capacities , personally appeared before me today and acknowledged that he signed it and that the corpor- ation or partnership named above executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. Da to ' A7PO *J� .2 3./*1y 9-2— LZI.- (Seal ) o Public VAL BELLARIA l � VAL WELL -4- County --- r..y C;:whits:in EFIrms Fch.G.1931 ( 1 J 1 a`i! cnrtluLl A Payment Schedule The following programs are due completed as indicated below: Four (4) File Update Progrars Due 1.1110 Active File Replacement 1 -13-78 1d'r1P' Alpha Index :replacement 1 -13-78 1114Q Diary File Replacement. 2-15-78 WWU initiate Preliminary Diary 2-15-78 'wenty-six (26) Data Cntry Programs via CRT SAA Complaint Identification for Case 1 -13-78 SAE Count Identification 1-01-78 SAC Defendant Identification 1 -01-78 SAD Arrest Information 1-01 -78 SAE Counts for Defendants 1 -01 -78 SAF Case Information 1-01 -78 SAN Replacement/Deletion- Request 1-13-78 SAI Case Replacement/Deletions 2-15-7° SAJ Reolacement/Deletion :genu 2-15-78 SAK Gather Court Appearances 2-15-78 SA;. Stay Calendar Replacement 2-15-78 SAM Case Edon-Conviction 2-15-78 SAN Calendar Initiation 1 -13-78 SAO Court Appearances 2-15-78 SAP Case Update Requests 1 -13-78 SAR Defendant Update Menu 1 -13-7.4 SAS Referrals and !•larrants 2-15-78 S%T Correct Dispositions for Defendant 1 -13-78 SAU Sentence and Nor-Conviction 1 -13-78 SAN Current Plan Menu 3-31 -78 SA1-1 Calendar Setting/Factor Update 3-31 -78 SBC Original Pian Menu 3-31 -78 SBE_ Revise General Schedule 3-31 -78 SEF Daily Calendar Update 1 3-15-78 SBI Complaint Changes 2-15-78 SBJ Count Changes 2-15-78 Seven (7) File Update Programs via CRT SAX Diary Page :Menu 3-15-78 SAZ Assign Departments to Cases 3-15-78 SUA Assign Departments to Sessions 3-15-78 S33 Add Cases to Diary 3=15-78 SBF Daily Calendar Upoa6e Request 3-15-78 SBG Daily Calendar Update 3-15-78 SEH Daily Calendar Add * 3-15-78 Two (2) File Display Programs SBD Display Work sleek Schedule 3-31-78 SAG Crimi:a1 Calendar ;quiry 1 -13-78 Upon completion and acceptance of these programs , the entire ai,iount of the contract will be paid . 00,54 6 In the Board of Supervisors of Contra Costa County, State of California D E c 61977 , 19 In the Matter of Authorizing Negotiation of Lease of Space for Hospital IT IS BY THE BOARD ORDERED that the Lease Management Division, Public Works Department, is AUTHORIZED to negotiate for lease of space in the Central County area for use by the Mental Health Division, County Hospital. Passed by the Board on 0 E C 61977. 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: Administrator Witness my hand and the Seal of the Board of cc: Public Works Supervisors Lease Management Div. axed this dopy of 61977 19 Medical Director Human Resources Director J. R. OLSSON, Clerk B L Deputy Clerk H-24 4/77 15m l � In the Board of Supervisors of Contra Costa County, State of California DEC u 1977 119 _ In the Matter of Authorization to Appoint Building Inspector I-Project at Third Step The Board having this day considered the recommendation of the County Administrator that the Building Inspection Department be authorized to appoint Mr. Gordon Walton Building Inspector I-Project, in the Housing Rehabilitation Program, at the 3rd step of salary range $1218-1480 on or after December 12, 1977. IT IS BY THE BOARD ORDERED that the County Building Inspection Department is authorized to make the above appointment. PASSED and adopted on DEC 61977 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: Building Inspection Witness my hand and the Seal of the Board of Administrator Supervisors a Civil Service P � C 177 19 ffi Auditor axed this d J. R. OLSSON, Clerk g Deputy Clerk 00548 H-24 4/77 15m In the Board of Supervisors of Contra Costa County, State of California December 6 , 1977 In the Matter of Approval of Agreement for Installation of Private Improvements in r-linor Subdivision 211-76, Clayton Area. ,'iiEPEAS an agreement frith Morgan Territory Investment Company, P. 0. Box 1022, Danville, CA 94526, for the installation and completion of private improvements in r•iinor Subdivision 211-76, Clayton area, has been presented to this Board; and ,-RFZ:kS said Agreement is accompanied by Surety Bond No. 203 45 66 issued by The Fidelity &: Casualty Company of New York in the amount of $10,000 for the full amount of the costs for completion of the improvements required by the Zoning Administrator plus Payment Bond in the amount of $5,000 required by Section 66499.3(bj of the Subdivision ?-lap Act. N0,•I, TILf'REFORE, on the recommendation of the Director of Building Inspection, IT IS BY THE BOARD ORDERH.D that said agreement is APPROVED and the Chairman is AUTHORIZED to execute same on behalf of the County. PASSED by the Board on December 6, 1977. 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• Idorgan Territory Investment Company Witness my hand and the Seat of the Board of Building Inspection r(2) T Supervisors affixed this 6th day of December 1977 S R. OLSSON, Clerk By Deputy Clerk Sandra L. Ni lson H-24 4/77 15m ()0 X49 1WROVElWil:1 SECURITY BOND PREMIUM: $180.00 FOR 2 YEARS FOR INI I INOR. SUBDIVISION AGRUI-TiNT BND 203 45 66 (faithful performance & maintenance, AND labor & materials) (Calif. Bus. & Prof. Code §11612) 1. OBLIGATION. (Principal) Morgan Territory Investment Company as Principal, and (Suret ny—of New York a corporation organized and existing under the lavas of the State of New York and authorized to transact surety business in California, as Surety, herepy jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A. faithful performance, & maintenance) ------ _..._Dollars ($10,000.00) for itself or any city-assignee un&er thebelow-cited sub ivision contract, plus (B. labor L11 materials) I T'hniiz.AnA r. inr%/10n-- -----Dollars ($5 ,000.00 for the benefit of persons protected under Cal. Bus. & Prof. Code 911612. 2. RECITAL OF CON-17PLACT. The Principal has contracted with the County to install and pay for street, drainage', =end other improvements in %nor Subdi- ision Sumber .211-76, as specified in the :Minor Subdivision Agreement, and to complete said work within the time specified in the Minor Subdivision Agreement for completion, all 'in accordance with state and local laws and rulings thereunder in order to satisfy conditions for filing Of the Parcel Map for said minor subdivision. 3. CONDITION. f the Principal faithfully performs all things required of him according-T—o-tie—terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section !-(B) aLove shall become null and void; otherwise this obligation remains in full force and effect. 11"o alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code § 2SI9, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond, Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED an November 17, 1977 PRINCIPAL SURETY Morgan Territory Iryje,pt nlz Co- The Fidelity & Casualty, Co an of New Y6,rk- #!W9s* xefs -in e��il n**-Ta*d*f W 13Y SURETY)— U T State 'of California ss. (ACKNOhEDGN0 RH County of On the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surrey, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own ramc(s) as its Attorneys)-in-Fact. (NOTARIAL SEAL) Notary Public for said County and State (LD-33 3/74) 0 `V50 Microfilmed 'Vith board Order Acknowledgement By Surety State of Michigan Bond No. BND 203 45 66 County of as tenaw ss. On November 17, 1977 the person(s) whose name(s) is/are signed above for Surety and wh-o—i—sTaiown to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorneys)-in-Fact. Wilma L. Gauthier, Notary (NOTARIAL SEAL) Washtenaw County, State of Michigan Notary Public for said County and State My commission expires Jan. 8, 1978 00551 Wicrotilrned with board order The Fidelity and Casualty Company of New York 80 Maiden Lane, New York, New York 10038 GENERAL (POWER OF ATTORNEY Know all men by these Presents, That THE FIDELITY AND CASUALTY COMPANY OF NEW YORK has made.constituted and appointed.and by these presents does make.constitute.and appoint D. G. Hines of Ann Arbor, Michigan its true and lawful attorney for it and in its name,place.and stead to execute on behalf of the said Company, as surety.bonds. undertakings and contracts of suretyship to be given to all obligees provided that no bond or undertaking or contract of suretyship executed under this authority,shall exceed in amount the sum of Unlimited Dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Reso- lution adopted by the Board of Directors of THE FIDELITY AND CASUALTY COMPANY OF NEW YORK at a meeting duly called and held on the 20th day of February, 1975. "RESOLVED.that the Chairman of the Board.the Vice Chairman of the Board,the President.an Executive Vice President or a Senior Vice Pres- ident or a Vice Presioent of the Company, be.and that each or any of them hereby is,authorized to execute Powers of Attorney qualifying the atror- ney named in the given Power of Attorney to execute in behalf of THE FIDELITY AND CASUALTY COMPANY OF NEW YORK,bonds.undertakings and at,contracts of suretyship,and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and that each or any of them hereby is. au:nrr:rid to attttst the execution of any such Power of Attorney.and to attach thereto the seal of the Company. FURTHER RESOLVED.that the signatures of such olf cern and the seal of the Company may be affixed to any such Power of Attorney or to any cerhhcate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and t,.nding upon the Company when so affixed and:n the future with respect to any bond,undertaking or contract of suretyship to which it is attach- ed . In Witness Whereof,THE FIDELITY AND CASUALTY COMPANY OF NEW YORK has caused its official seal to be here- unto affixed. and these presents to be signed by one of its Senior Vice Presidents and attested by one of its Assistant Vice Presidents this 22nd day of April. 1977. THE FIDELITY AND CASUALTY COMPANY OF NEW YORK Attest: � By Morns L Ford.Assistant Vice-President ��:- _-•���� � lAg- K.Ruesch.Semon Vice-Prevdent STATE OF NEW YORK. ss COUNTY OF NEW YORK, On this 22nd day of April. 1977, before me personally came R. K. Ruesch, to me known,who being by me duty sworn. did depose and say that he resides in New Providence, in the County of Union. State of New Jersey,at 35 Alden Road:that he is a Senior Vice-President of THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, the corporation describes' in and which executed the above instrument: that he knows the seal of the said corporation: that the seal affixed to the said in- strument is such corporate seal: that it was so affixed by order of the Board of Directors of said corporation and that he sign- ed his name thereto by like order. ►iERB- HOFE�! N NOTARY PliSUC.534 of 2h YL+k •_ f:a 5% !r:1035 Opal tr,S fink CC6gj CERTIFICATE C?•t !!,.ad rn fJ Y Ca CO-s Office Comm:ssron Elves fla(0 30. 1979 1, me unders!gr.?d an Assistant Secretary of THE FIDELITY AND CASUALTY COMPANY OF NEW YORK. a Ne-.-.f Yo.k sort;,r;a1z)n- DO HEREBY CERTIFY that the foregoing and wlar_hed Po,.ver of Attorney remains In full force and has no, ba;%r: r 7-voked, and furthermore that the Resolution of the Boaro of Dlrecir.;rs .et f;rth in the said Power of Attorney. is now Ir, Ir�roe Signed ar.,i sealed at the City of New York. Dated the 17th day of November 1977 �.`••!F ��! Jamuc 41 Kr•dn,. tanU fr)t' / 15 Bund 4315E AAI— r,ftl r ••t i , y Printed :n U S A i J'?JJ(;Fi SUs7IVI Minor Subdivision M S .211-75 {moi) Subdivider: Morgan Territory (Private Inorover.:ents ) InvestmentCompany PC:. 6cY 10Z.7- ("I) QZZ("I) Effective Hate (;,2 ) Completion Ye- o_. :.�rc� (�3) Deposit : ( fait ilful peri'. ),$, 1 tic.70•_ S,G'-c-v- 1. Parties—& Date . J.ffective an the above date , the County of Contra Costa, California, here rafter called "Counts:" , and the above- named Subdividier, mutually promise and agree as follo;:s concerning, this subdivision: 2. imnroVe-ants. Subdivider shall construct , install and complete P ,�Y L�te: z'oati and sp^e t i - :•e-_n 5 , t ac ' dram g fire t tg ee nv ra its an i .nr e- ^.` as re air d y th Co nt _ 01 ' n c' C :e s: c.,. lv ci`_e y a i c 1 .i ut re ne dr! t , a. 11 r-:r ova.:e s quV, re _ 41 CO _ ce I:I� i . r ve ..e o ti"_s dub i v i for oI file i th/ Cc(un ► ' pail '_ng nape t; _cin ll paY Me .t & bridge across Marsh Creek. Subdivider shall complete this %ror1: and irmros:ements (hereinafter called "from:" iiithin the above completion period fr .or^ date hereof as required- by Section 922-11 .808 o:: the County Ordinance Code, * in a good i•:orkmanlike manner, in accordance ,.ith accen-ted ccristruction practices and in a manner equal or super-J or to the requirer:er.ts of the County Ordinance Code and rulinr;s rade t^hreunder; and .-A-ere there is a con- flict between the improvement plan and the County Ordinance Code, the stricter requirements shall gover:i. 3. Improvement Securit-y. Upon executing this agreement, Subdivider shall, in accordance i.,ith Section. 922-4 .604 (3) of the County Ordi- nance Code , deposit as securit •r:ith the County at least the above- specified amount, which is the total estimated cost of the i•rork, in the form of a cash deposit, a certified or cashier' s check, or an acceptable corporate surety bold, guarantceinc; his faithful perfor- mance of this agreement . 11. Indemnity_. Subdivider shall hold harmless and indemnify the inderulitees from the liabilities 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 , commissions , officers , agents ane employees ; B - The liabilities nrotected against are any liability or claim for damage of any l:_nd allegedly su.fered, incurred or threatened because or actions defined belo:r , and including personal injury, death, property damage, inverse condemnaLion, or any combination of these , and re,_,ardless of erhether or not such liability, clair. or damage eras unforeseeable at any time before the County approved the parcel reap improvement plan or accepted the improvements as cormleted, and includin.- the defense of any suit(s ) , action(s) or other proceeding(s ) concernin- these; C - The actions causin:- lia-_I ity are any act or omission (negli- Fent or non-neglii-ert) in connection frith the matters covered by this aCreement and attributable to Subdivider, contractor, subcontrac- tor, or any officer, a,_p-ent or er.:cloyee of one or moI'e of them; J) - !..on-Condit4.Cns. : The nro. i::e aIld a ree lent in this section is not condli:iar cd o:' dependent on .;hether or net any Incie:^nitee ha_- prepared, supplied, or approved any plan(s ) or specifications) in connection P:lttil this i•:or k or s'al:::-visioIl, or has insuvance o_r other indemnific,tion cos:e^int, any of t ese rnattcrs, or that the alleged damage resulted p.rtly from an;,, negligent or c•rillful misconduct of any Indcrinitee . 5. Costs . Subdiv der• --hall pa i:hcn due all tt:e costs of the ;:or'- jI?CZl1C:i n(' irl'n ,C:iq.1S t::ereoi' a:... relcc:2ti:i cxistfn; uti'_it_e� v required there:-y . t. Jlonnel'foI':aanct1 ctrl(: Coot, . If Subdivider fails to couple to the ;,1: is this af�2'C%..:Cr1t or- e::tellsia!!� t.t'i :it c :i, County I -?;: ;,roceed to complete the;t by contract -1- 0 1)55� Microfilmed with board order r J L'tC Co, 197; J. R. OLSSON OURK BOARD OF SUPERVISORS % CNIRA C or otherr;ise , and Subdivider shall pay the costs and charCes there- for i:::.::cdiatcly upon demand. If County sues to compel performance of this acreement or recover the cost •of completing; the improvements , Subdivider shall pav all reasonable attorneys ' fees , costs of suit, anti all other expenses of litigation incurred by County in connection there:•;ith. 7. AS5irnnent . If before these itnprovcments are col:!pleted this minor subdivision is annexed to a city, the County may assi.rn to that city the County ' s rights under this ag;reemont and/or any depc.sit or bond securin- then. 8. Wlarranty. Subdivider warrants that the said improver:ent plan is aceq�aate to accomplish this work as promised in Section 2; and if, at any time before the County's acceptance of the improvements as complete , the ilprovement plan proves to be inadequate in any respect, Subdivider shall make changes necessary to accomplish the wort: as promised. g. No ?driver by County. Inspection of the work and/or materials , or anuroval of wort: and/or materials inspected, or statement by any officer, agent or employee of the Count;; indicating; the irorl_ or any part thereof col:-)lies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materia-1s , or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from brin1z,-in= any action for damages arising from the failure to comply with any of the terms and conditions hereof. 10 . Record Man. In consideration hereof, County shall accept said parcel reap for filing; Lith the County Recorder. COPJIII- OPIM . zL�-� STA SUBDIVIDER: (see note below) By / % Moraan.. Tern; ory Tnvr�a mPnCompany Chairman, Board of Superv� ,,ors ATTEST: J . R. OLSSOII County Clerk By,.(-, & ex officio Clerk- o'-r- the Board (Designate official ca aci.ty in the business ) General Partner By a Note to Subdivider: (1) Execute Sandra L. N elso Deputy ack ol•rledr hent form Belo::; and (2) If a corporation, attach a certified copy of (a) the by-laws or (b) the resolution o 'Che E3oard of Directors , aut'-orising execution of this contract and of the bonds required hereby . �•r i� � iE 3c r. � r. r. ii :i t �s jE xr. z �: x z ii .. r, .: x � - .. .. is is •.ti? x State of California ) (Acknowledgment by Corocratjon, ''s' Partnership or Individual) C011nty Of (�nnfira C'c1Gta ) � - On October 14 , lg77 , the persons) i:hose namne (s) is/are s;;,I:c;I above for Subdi ;icier and ::ho is known to me to be the individ- ual Officer o:' partl:er as stated above who sig,ncd this instrument, and ac,':no:;ledv-ed t;o me that he executed it and that' the corporation or partnership named above executed it . [ti0'r'� QFFIC1Al sent 44 Vol ti0'.•'.`.! AU UC —C',LIiC 'l1A co"Jc.1 Cjs-,A CCU::;Y d Sandra Harrelson 6lPCon's;ataC:esFc�. 25. 1330 j 'lOLary Public :'or saiel County and SiLaze "6. (rom, approved by CoLm-Ly Counsel 11/76) (CCC Std. Form; Rev. 12/710 �� MJB.:b;; -2- M SILJ1 Micro.,,mz�u v irfi board order r � In the Board of Supervisors of Contra Costa County, State of California December 6 , ig 77 In the Matter of Blood Drive, Blood Bank of the Alameda/Contra Costa Medical Association On the recommendation of the County Administrator, IT IS BY THE BOARD ORDERED that County departments are AUTHORIZED to cooperate with the Blood Bank of the Alameda/Contra Costa Medical Association in a blood drive to be conducted by said agency on January 12 and 13, 1978 by allowing use of County premises for its mobile unit; and IT IS BY THE BOARD FURTHER ORDERED that, subject to appointing authority approval, County employees are AUTHORIZED to take the necessary time from normal job duties to donate blood. Passed by the Board on December 6 1977. 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: County Administrator Witness my hand and the Seal of the Board of Supervisors CC: Alameda/Contra Costa Medical offixed this6th day of December ig 77 Association All Department Heads Press Basket J. R. OLSSON, Clerk By r Deputy Clerk Maxine 2d. Neufe d H -24 3/76 15m l t In the Board of Supervisors of Contra Costa County, State of California DEC 61977 , 19 In the Matter of Reallocation of Funds for Second Year (1976-77) Community Development Activity #38 $ Return of Funds to Unincorporated Contingency THE BOARD having this day considered the recommendation of the Director of Planning that it approve the Amendment to Second Year (1976-77) Community Development Block Grant Program Project Agreement between the County and the City of Martinez, authorizing the reallocation of funds from Second Year Activity #17 - The Martinez Neighborhood Facility - in the amount of $16,000 and Third Year Activity #28 - The Martinez Neighborhood Facility - in the amount of $30,251 to Second Year Activity #38 - Plaza Ignacio Martinez; and that the Unincorporated Community Development Funds . of $16,000 previously allocated to Second Year Activity #17 and $100,000 previously allocated to Third Year Activity #28 be returned to the Third Year Unincorporated Contingency Fund in order to carry out the intent and purpose of the Community Development Act of 1974.4 and IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute said Amendment. PASSED by the Board on DEC 6 1977 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. Planning Department Witness my hand and the Seal of the Board of CC. City of Martinez Supervisor OFF 1977 c/o Planning Department affixed this dayo'fC 19 _ County Administrator County Auditor-Controller Planning Department ✓ L J. R. OLSSON, Clerk Deputy Clerk H-24 3/76 15m �� r� AME.-HIMEINT TO PROJECT AGRE.F..'4ENT CONDWITY DEVELOPMENT BLOCK GRANT PROG-111M (County and the City oF Martinez Second Year Activity 1138) Section 1. Parties - Effective on CIEC 6 1977 the County of Contra Costa, a political subdivision or the state or caiirornin, hereinafter Warred to as the "County", and the city or Martinez, hereinafter referred to as "Contractor", hereby amend their November 30, IU7b agreement entitled "PROJECT AGIZEEMEINT CO'NMUNITY DEVELOPMENT BLOCK GRANT PROGRAM", as follows: Section 2. Alteration (a) "4. Allocation Payment Limit. County's total Payment to Contractor under this Agreement shall not exceed $141 ,251 ." "G. BUDGET 01: I-STU-t-WED' PR(GIU;'--I EXPE*NDITURES 1. Contractor Wall provide services under thig contract in accordance Lith the following budget or allowable expenditures: LINE NO. PROGILA,11 A(:'r[VI*I'Y A 1%10 1 EN"I' 1 . XqUlsninm OF REAL PhOPIXI-Y 1). PUBLIC ';,'ORKS, FACILITIES, SITE IMPROVIlUnS S141,20 3. CODE. Al. (AXARANCE., DEMOLITION, R1.11AIVILI-I-XI-ION S. IWLABILITATIOINI WXNS AND GRANTS 6. SPECIAL PROJECTS FOR ELDI"PLY A:-.-[) IIANIDICAPPI'D 7. PAYNENTS I-OR LOSS OF RF"NrIAL INCO.ME, S. DISPOSITIOIN' OF 9. PROVISION OF P"BLIC SERV ICIIS 10. PAYMENT OF NON-FEDFUL SHAUFS 11. COMPL I--I*I().N, OF 111111"AIN, 1(1:141:1ALPIZOJECTS 12. Rumuriom PAYMHKrS AND ASSISLUCH 13. PLANNUR; AND DEVELOPME,"JIT TOTAL CONTRACT ANUAINT $141,251 2. Subject to the Payvwnt Limit or t!ii.; contract , etch line item, budget amount spocil!ied above may he changed with prior written authorization from the County Planning It: rector or his designee. 3. The above budget is sUbject Lo a C.un-, raclti-,r's Detailed Expenditure MAW, Wtich qhall sub-categorize in speciric detail the above line item catugories and anw"w4 and he lunr on me with the County Planni"y Inpirl !i-ni, in W 2ra Q manner prescribed by 0.0 bUcrofilmed with board order COSTA l:(1:•''•Ill;;l'('Y Ill:Vl:I.U!';•1i::y't' 1!176-1977 CONTI:ACI'OR'S DETAILED !:\I'1:INI11ITUR1: SCIIF.I7111.1: (C)2 CONTRACTOR.: ACr l V ITY NUMBER: City al' Marri,lcL PAGE I_ OF .__ I BUDGET PER 1011: 1976-77 Original !_ Amendment No. 3 (a) (I,l (c) BUDGET I"1'I:."•I CU 1:11?111s - c, r 0.1.111:1; MINIM - $ = TOTAL - Plisse I Design i Development 106,2S I 106,351 Resign of I'laiis 1; `avec i f i c;,t i oll Bid Iixl,enses Construction ; Site Development TOT;11, N 106,25,1 $ w106,25. 00558 t Section 3. Reaffirmance Said November 30, 1976 agreement entitled "PROJECT AGREEMENT CO!•LMUNITY DEVELOPMENT BLOCK GRANT PROGRAIi" except as hereinabove amended shall remain in full force and effect. COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By ,W, N. 8 ge?s Original Si3�ed By Chairman, Board of Supervisors C. G✓ A_ ST: J.R. OLSSON, County Clerk By Deputy Note to Contractor: (1) If a public agency, designate official Recommended by Department capacity in public agency and attach a certified copy of the governing body resolution author- izing execution of this agreement. By��.• ���� (2) If a corporation, designate ,De4 gn$e Ant�(�ny\ A. Dehaesus official capacity in business, c1 Dir ctor of Planning execute acknowledgement form and affix corporation seal. Form Approved: County Counsel Ay By Deputy In the Board of Supervisors of Contra Costa County, State of California December 6 . 19 77 In the Matter of Authorization for Additional Emergency Residential Care Placement Agreements The Board having authorized (by its Orders dated August 30, 1977, and October 4, 1977) the execution of standard form Emergency Residential Care Placement Agreements with sixteen (16) residential care facility operators, effective on or after September 1, 1977 under the transfer of the State-operated Community Care Services Section (OPT-OUT) to Contra Costa County, and The Board having considered the recommendation of the County Mental Health Director regarding the need for additional Emergency Residential Care Placement Agreements, IT IS BY THE BOARD ORDERED that the Director, Human Resources Agency, or his designee, is AUTHORIZED to execute, on behalf of the County, standard form Emergency Residential Care Placement Agreements, effective on or after September. 1, 1977, with the 49 additional residential care facility operators named on the attached listing, upon approval of a standardized format for.said Agreements by the Office of the County Counsel. PASSED BY THE BOARD on December 6, 1977. 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 this6th day of December 19 77 County Auditor-Controller County Mental Health Director J. R. Ot_SSON, Clerk By Deputy Clerk Maxine M. Neuf d RJP:dg H -243/7G15m 0011160 ti RESIDENTIAL CARE FACILITY OPERATOR LISTING (Attachment to 12/6/77 Board Order) 17. JoAnn Wright (dba Wright's Board and Care Home) 2885 Richard Court, Concord, California 18. Warren and Alma Norton (dba A&R Rest Homes, Irl & #2) 1206 Dainty Avenue and 1208 Dainty Avenue, Brentwood, California 19. Mrs. Phyllis Tatum (dba Anderson's Rest Home) 1721 Giaramita Street, Richmond, California 20. Mrs. Edna Bell (dba Bell Board and Care Homes, X61 & #2) 510 SilverAvenue and 1634 2nd Street, Richmond, California 21. Mrs. Jeffie Brown (dba Brown's Home) 104 Linda Vista, Pittsburg, California 22. Lee and Birdie Cole (dba Cole Family Home) 327 South 5th Street, Richmond, California 23. Mrs. Beulah Cook (dba Cook's Guest Homes, #1 & #2) 162 Madoline Street and 174 Madoline Street, Pittsburg, California 24. Mrs. Betty Lou Daniels (dba Betty Daniels Family Home) 4236 Gladstone Drive, Concord, California 25. Edward and Corrine DeBacker (dba DeBacker Care Home) 1278 Windermere Way, Concord, California 26. Jack and Mary Egoian (dba Residential Care Home, Baldwin Manor) 604 11th Street, Richmond, California 27. Joseph and Doris Dyer (dba Dyer's Board and Care Home) 2816 Canterbury Drive, Richmond, California 28. Jessie Eichelberger (dba Eichelberger's Home) . 436 South 20th Street, Richmond, California 29. Mrs. Evelyn Enos (dba Enos Rest Home) 600 Chanslor Avenue, Richmond, California 30. Alfred and Lou Ella Farlow (dba Farlow's Rest Homes, #1 & #2) 4421 Center Avenue and 4422 Ohio Avenue, Richmond, California 31. Mrs. Amie Fitzpatrick (dba Fitzpatrick Residential Home) 361 Market Street, Richmond, California 32. Mrs. Elva Garcia (dba Garcia Residential Care Home) 641-17th Street, Richmond, California 33. John B. and Odessia Gardner (dba Gardner Board and Care Homes #1 & #2) 179 Enes Avenue and 171 Enes Avenue, Pittsburg, California 34. Mrs. Dorothy Gayles (dba Gayles Residential Care Homes, X61 & #2) 6133 Rose Arbor Avenue and 6125 Rose Arbor Avenue, San Pablo, California 35. Charles and Carolyn Mayo (dba Glenbrook Estates) 808 Grayson Road, Pleasant Hill, California 36. Robert and Solange Johnson (dba Harmony Homes, fl, #2, and #3) 1966 Patricia Drive Pleasant Hill, California, 20 Norlyn Drive, Walnut Creek, California, and 11 Norlyn Drive, Walnut Creek, California 9 (Page 1 of 3 RESIDENTIAL CARE FACILITY OPERATOR LISTING (Attachment to 12/6/77 Board Order) 37. Mrs. Helen Pareisa (dba Pareisa Home) 1521 Waltham Road, Concord, California 38. George and Ernestine Hill (dba Hill's Family Care Home) 329 South 24th Street, Richmond, California 39. Mrs. Jane Hone (dba Hone Care Home) 1321 Bentley Street, Concord, California 40. Mrs. Barbara Horsley (dba Horsley Family Home) 4212 Gladstone Drive, Concord, California 41. Mrs. Joyce Parker Key (dba Joyce's Rest Home) 423 McLaughlin Street, Richmond, California 42. Mrs. Elena Kamm (dba Kamm Rest Home) 2703 Vale Road, San Pablo, California 43. Mrs. Viola Kilroy (dba Kilroy Family Care Home) 3278 Claudia Drive, Concord, California 44. Mrs. Ruth Lawton (dba Lawton Family Home) 225 South 17th Street, Richmond, California 45. Mrs. Carole Moore (dba Lone Tree Home) Highway 4 and Lone Tree Way,P.O. Box 519, Brentwood, California 46. Albert Marrero (dba Marrero's Care Home) 2709 Barnard Street, Richmond, California 47. Mrs. Hilda McCree (dba McCree's Family Home) 1910 Carlson Boulevard, Richmond, California 48. Mrs. Bernice Parsons (dba New Horizons House) 5205 Railroad Avenue, Pittsburg, California 49. Mrs. Rose Nichols (dba Nichols Family Home) 929 Carpino Street, Pittsburg, California 50. Mrs. Beatrice Oakley (dba Beatrice Oakley Board and Care Home) 676 Yuba Street , Richmond, California 51. John Bellante (dba Pine Brook Home) 920 Dewing Avenue, Lafayette, California 52. Mrs. Dorothy Merton Baltzell (dba Restview Board and Care Home) 2841 Lincoln Lane, Antioch, California 53. Mrs. LaJuana Silva (dba Silva Family Care Home) 4495 Stone Canyon Court, Concord, California 54. Bernard and Charlotte Simons (dba Simons Family Home) 5552 Maryland Drive, Concord, California 55. Mrs. Beatrice E. Ward (dba Sunset Home Care) 395 West 7th Street, Pittsburg, California 56. Mrs. Lizzie Townsend (dba Townsend Board and Care Home) 1922 Florida Avenue, Richmond, California 57. Mrs. Clara Tutor (dba Delta Guest Home) 1536 Barbara Street, Brentwood, California 62 (Page 2 of 3) RESIDENTIAL CARE FACILITY OPERATOR LISTING (Attachment 12/6/77 Board Order) 58. Mrs. Verna Altes (dba Verna V. Altes Residential Care Homes, #2) Lone Tree Way and Highway 4, P.O.Box 367, Brentwood, California 59. Mrs. Vivian Rhine (dba Viv's Residential Care Home) 2411 Cutting Boulevard, Richmond, California 60. Mrs. Oneata Williams (dba Williams' Board and Care) 2101 Harper Street, E1 Cerrito, California 61. Mrs. Annie B. Williams (dba Annie Williams Residential Care H-ome for Adults) 416 B. Street, Richmond, California 62. Huland and JoNell Barnett (dba Jo's Board and Care Home) 766-6th Street, Richmond, California 63. Mrs. June Trapanese (dba June Trapanese Residential Care Home) 2102 Solano Way, Concord, California 64. James R. Loeffler (dba Loeffler Family Care Home) 3829 Concord Boulevard, Concord, California 65. Mrs. Corrine E. Forrest (dba Forrest Home) 1612 Barrus Avenue, Pittsburg, California x613 (Page 3 of 3 ) i In the Board of Supervisors of Contra Costa County, State of California December 6 . 19 77 In the Matter of Inviting Applications for Civil Service Commission. Supervisor N. C. Fanden having noted that on January 15, 1978 the term of the Supervisorial District II representative on the Civil Service Commission (I. Eddie Galli) will expire; and As recommended by Supervisor Fanden, IT IS BY THE BOARD ORDERED that the Public Information Officer issue an announcement inviting applications from residents of said supervisorial district. PASSED by the Board on December 6, 1977. 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 Information Officer Witness my hand and the Seal of the Board of County Administrator Supervisors Director of Personnel affixed this6th day of December 19 77 J. R. OLSSON, Clerk ey Deputy Clerk Maxine M. Neufeld 1516 4 H-24 3/76 15m In the Board of Supervisors of Contra Costa County, State of California December 6 , 19 In the Matter of Agreement between Pinole Fire AS EX-OFFICIO THE GOVERNING Protection District and the BODY OF THE PINOLE FIRE City of Pinole PROTECTION DISTRICT OF CONTRA COSTA COUNTY IT IS BY THE BOARD ORDERED that its Chairman, as Ex-Officio Chairman of the Governing Body of the Pinole Fire Protection District of Contra Costa County, is AUTHORIZED to execute an agreement between said District and the City of Pinole, under the terms of which the City agrees to provide fire protection services to the District for the period July 1, 1977 through June 30, 1978, at a cost to the District of $111,005, under terms and conditions as more particularly set forth in said agreement. Passed by the Board on December 6, 1977 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 Orig: Administrator Supervisors cc: City of Pinole affixed this 6th day of December 197_ Fire District Auditor-Controller J. R. OLSSON, Clerk By Deputy Clerk Maxine M. Neu el H-24 4/77 15m K` ,3r e '`' L; ,,I r 31 m ` - 1 l'J l i,; 1,�[G111 lk );gttJ rt�� t'1 t��au ��1't;vrC .s I:N LUI;NCOI PORATL AI.Ek\ 01•' w -__ PINOLE TIRE—PROTECTION, DISTRICT=. _,- , _ the .Eollo«in 7 1 1)at-c, c 1),I1. '-jL,E< I-'EfeCtivd on July 1, 1977 g: }iubl � ��i��:i t_ics`.ii1 :he ,County 0 - Gonda C0st4 S'ta,lc of Gal xLaLnia,, Pinole .Fire Protection District` :(`1b,s, l ic_'r I un 1 Cit�of Pinole c . 1?ire agency").;' mutually ag?.ee and promise .. i l �!t. 2 .'LL-I1 Pu1't"_c?,c 4 Pr.iorrecmeli.L Fire, Ageticv} Itis an; ai rran�zed tiie department :with�, -lilieci persatilzel and fire ,fZgtiting equipment and'°,`cerlain ;auL.il 'ary: rI equi}?ui` tZIbut .Dislrict ;does not ;have: adequate Personncl :or erluip.inent. to cope Irl Li gill fll'eS tJ}1101 develop iris ats Derr_ tory; atii o must`. contract for 11a.e' o.E I irc� E\};enc}�'s_ personnel and equipmenL, sand t}us- :agreement supersedes their similar agreement dated July 1, `1976 3 I��1 mcni�,, 1, tics. I)istricC shall ,,pay ,ire 'Agone}� $ . 1111005 00 for its servicr� l��:rcunrlez I awab•le, one-fourth on \ilf i L 'SLh;' (ne-rourth" on Novcmb,, i 5 t,h, and -one-half on, April; 0th D str. cL shall re I tastes to raise L1CSsums. 4,, hr :►)��11r:bili.tZ� .L��,iit s. I'xre. Agency s1�111 res}aond to all calls at all times VOL_matin uish fres within Lhose .areas of.:ti?e D�� dict deaineated:`on IILr 11 r , - q the aC_t.�lchec} m�zp (t�)• this reference ncorporatedliex eiiz) , insoFar. as .it reasonabl.y `can,'' considering the- character, amounr .and ;condition orrepaii of its ec}llipinent, tale training end etiperience of its Bremen, and the primary r��:�ponsi_bili t- i C has to ii&ht fire and - tee t aril preserve propOr :y and, la.vc�s within •its own' territory: 5 : Lura S��rvicas: Upon written request of Di.stri.cL -a� op. -1 _,,, - er•s and ." -- res dents , Fire Agency shall, pro Tide fire, prevention .sezvices ,in addition to { the other serurccs i L renders hereunder, insofar as Lt, reasonably can. , 6.` C om;nanc} , All of; rite A ency' S : fire- 11 . f ght:in4 ,activities hey Blinder shall be uncicr t_lie �upervi sion, directr.ion,; and cot7mancl oL L-s I ire :I I IE, or,"in leis at�senc'r of its senior f remanr present,','. L' e judgnic: . , `"and 'decisions L 'c ontrol in all cases: 7 . L L)LI.ti t'.i.c�t1 . This' a;reetnent i.s" effectivethrough June 30, 1978 ___ _ _ I L II I but it s11� J_ Ue deemed to have.-been '.renewed. fzom year ,LU .year. � <<creaFter unle._s c i.Chcr haz-ty (at least 60 _days before he dat ee piraton< or the expiration of ,311,• }period of -`renewal) " give's written ox ice. to ;L'ti n r ..party .o.E its election. to terminaae W:.N 60gess -"I irL E1 ,c:ne���� ; "Di s!_ i _ LL� : By �Uc�:: r d of Su e�-vi s r as Name OC 1rr. __ 11Zi1 i m,".in p Ch-i i17ninn o E `District' s Gov - _—.rlg .T3ody . ATTEST: �( R. C�LSSOiV 'IrjA Count}� CJ.erlc and ex officiL.o C1erl. of1. Tz ta1.e 1 t1, 'oard of S ervisors � t\Z ` By G� . _ h LL r 1. �� }! C E�'K: eu . 11 . ._ Form I'r(,;�a� r_ct b., - Office o,f Coullty Counsel Microfilmed'.wrth board order Q056. �'� __ DIST • � � ' ' �•i H11M ' •J N ♦' t a Roaea ... !! tt .n:-�....�,�� It �} � -_ 1:,�•• 1 •r.ls Y-•.. CITY .. ..�. t . FIRE ' t� '. ' .. _ _ a. ry. 1 1 •,�` NF1 ...«« ��: • F Pi Tj .µ/f t\�ff,t' ri�.L>! IHS„ t t�1r ..1 n ~� \ \ �.�� «��}� `'►r,'�N .�"„\• �;�.« . 'as a.^\ i.r /; -.h•. P �Ile t � \ \ �' �':Y�L:n ., — )�� � •=.. �_ � i...:.,.ea,... :•. ;fit' '��..r`” , - .: 1 j.�,r;,•,•��� •� ~`�' , f-... f ,1� *.1 t o L ........... q,r�.,s�yC•.... w.. \ �l/,` 1 `..«Y ,` t ?t�..1,��c. I _ r I .�'t-• !'�, �4�,T....�-.J,V ,c, • f+.•:%+.7'~.'«•�'J"�/' f OL 17 vj .:,....�;-� J� ..fid t"•.I.�.< 1. � `�, �.,, j-- ,' ,......_ ,'�,-• ,a; POP `�•atY •1 j 1ta '. .. ._ Mme, -'?a-�r � •.• ..t�. _ _ � } ``..'k' _ � .il. i •�". � I:n.c lam' , �Y;."J .',.f/'C.}.�,�.•- ��` - ..•. 1r f%•''..:'' t Pit,)"'iii �°�� .�•�� � I. \��• i �••a •t ` «� �� _f" "y •+� �.IsJ� I� � tai t-Y- ::i. `Q\�;�,. � '� �� •• •� •�. .t..�- .- !� �.. � . 44'Via....,.+ ..,,..�...• � L �/�•" ^. `ii` j' Ii,_„ ; `� �••J r'�, � 5~O* -t. �'' 1` �Y'� ia,�,l� �,.•� � .« -� t + yam. o .•_ •1 A�` a�•.r � C My •� a - fir' (1'`•,sA !„P'.;s• "`+ 7..• \ - ~ �\ • F A.L)f• 'LL[.w fILDtN 1•P PF .I'iJ�_� ._., ,_ ,\ � 3.� %`\`,.� `` 3 �' �. ,>{'f .co rads La•• .. In the Board of Supervisors of Contra Costa County, State of California As Ex-Officio the Governing Board of the Oakley Fire Protection District of Contra Costa County December 6 19 JUL In the Matter of Appointment of Commissioner to Oakley Fire Protection District. Supervisor E. H. Hasseltine having recommended that Mr. Carl Gott be appointed as Commissioner of the Oakley Fire Protection District to fill the unexpired term (ending December 31, 1978) of Mr. Samuel Magistrale; IT IS BY THE BOARD ORDERED that the recommendation of Supervisor Hasseltine is APPROVED. PASSED by the Board on December 6, 1977. 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. Carl Gott Witness my hand and the Seal of the Board of County Auditor-Controller Supervisors County Administrator affixed this 6th day of December 19 77 Public Information Officer Oakley Fire Protection District J. R. OLSSON, Clerk B j y r J. Deputy Clerk Patricia A. Bell H-24 4177 15m In the 'Bocra of Su eryisor3 r OT CCni:o Costa County, Staie of California December 6 , 19 77 In the Mc;'er of - Authorizing the County Manpower Project Director to Execute Certain CETA Contracts and Subgrant Agreements During the Week of December 5, 1977 The Board having this day authorized the Director, Human Resources Agency, to execute, on behalf of the County, full-tern novation contracts with thirteen service providers (for a total of sixteen contracts) recomended for funding for CETA Title I manpower programs in Federal FY 77-78, upon approval of said contracts as to legal form by the Office of the County Counsel, and The Board having authorized (by its order dated September 20, 1977) the Director, Human Resources Agency, to execute, on behalf of the County, standard form Subgrant Agreements with forty-seven (47) CETA Title VI PSE Project Suborantees with effective dates between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects, and The Board having considered the report and recommendations of the County Manpower Project Director regarding the need to execute certain of the above-cited CETA Title I Contracts and CETA Title VI Subgrant Agreements during the scheduled absence of the Director, Human Resources Agency, in the week of December 5, 1977, through December 9, 1977, IT IS BY TFIEE BOARD ORDERED that the County Manpower Project Director is AUTHORIZED, as an alternate in the absence of the Director, human Resources Agency, to execute, on behalf of the County, such CETA Title I Contracts and CETA Title VI Subgrant Agreements as may be needed durieg said week, subject to the availability of funding. PASSED BY THE BOARD on December 6, 1977. 1 hereby certify that the foregoing is a true and correct copy of an ordar entered on :hs minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Orifi: Hunan Resources Agency $uper�isors Attn: Contracts & Grants Unit 6th December cc: County Administrator ornxe-d this day of 19 77 County Auditor-Controller County Manpower Project J. R_ OLSSON, Clark Director ? _ 13 - �_.t'y.�-•.-cJ �_ j.0 � i- - � Deputy Ci_rk tl Jeanne 0. Mao?io 00569 H-2-13/76 15m r In the Board of Supervisors of Contra Costa County, State of California December 6 , 19 77 In the Matter of Response to Board Letter Concerning the Use of Borrow Pits Within the Proposed Peripheral Canal Alignment for Construction of Interstate 5 Freeway. The Board having received a November 18, 1977 letter from Mr. Heinz Heckeroth, Assistant Director Highways, State Department of Transportation, and a November 23, 1977 letter from Attorney Stephen J. Sinton, on behalf of Director of State Department of Water Resources, responding to Chairman Boggess` letter of October 25, 1977 concerning the use of borrow pits within the proposed Peripheral Canal alignment for construction of Interstate 5 freeway; IT IS BY THE BOARD ORDERED that receipt of the aforementioned letters is ACKNOWLEDGED. PASSED by the Board on December 6 , 1977. 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: Public Works Director Supervisors County Administrator affixed this_ 6th day of December . 19 77 J. R. Ol.SSON, Clerk By c�JC17�LC[ - �.lC��ttUd Deputy Cleric Jamie L. Johnson H-24 4/77 15m 000 U s STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OF TRANSPORTATION OFFICE OF DIRECTOR 1120 N STREET SACRAMENTO, CALIFORNIA 958:4 (916) 445-3461 RECEIVED November 18, 1977 r10v -u, 1977 J. R. OLSSON Hon. Warren N. Boggess CLERK BO D OF SUPERVISORS TP. CO. Chairman, Contra Costa County By. _'..._ JL ... ;e_._D-PU Board of Supervisors County Administration Building Box 911 Martinez, CA 94553 Dear Chairman Boggess: The Director of Transportation has asked me to respond to your letter asking questions concerning the Department's borrow sites for material being used on Interstate 5 contracts. They will be answered in the order asked. o To construct Interstate 5, there was the need for approximately 7 million yards of borrow material. In order to assure competitive bidding, the State purchased land that was then designated as the mandatory source of borrow. The land purchased was within the limits of the proposed Peripheral Canal, but the excavation being performed does not in itself constitute a canal since the borrow sites are not connected together. However, if the Canal is constructed, the borrow pits will save the "wasting" of 7 million yards of excavation. Author- ity for this method of obtaining necessary borrow is within statutes _governing State construction work. o None. However, it is our understanding that if no other use is expected to be made of the pits for three or more years, they will be used by the Department of Fish and Game for rearing ponds. (7 &-A-kk 4Z-?A4t-13— Microfilmed with board order Hon. Warren N. Boggess Page 2 November 18, 1977 o The Department of Transportation bought the land used for the borrow sites, but was subsequently reimbursed by the Department of Water Resources, This is covered by Interagency Agreement #460526 dated January 25, 1968. We hope this provides the information requested. Sincerely, f'v . f-2,,-HEINZ HECFCERCTH Assistant Dirgctor Highways W,,:roiitmed with board order STATE OF CALIFORNIA—RESOURCES AGENCY EDMUND G. BROWN JR., Governor' " DEPARTMENT OF WATER RESOURCES P.O. Box 388 SACRAMENTO 95802 (916) 445-9951 9951 November 23, 1977 Mr. Warren N. Boggess, Chairman RECEIVED Contra Costa County Board of Supervisors 110V 02.91977 County Administration Building J P. 0. Box 911 J. R. OLSSON Martinez, CA 94553 BO OF SUPERVISORS CO STA CO. .... esu Dear Mr. Boggess: Director Robie has asked me to respond to your October 25, 1977 letter concerning the use of the borrow pits within the proposed Peripheral Canal alignment for the construction of the Interstate 5 freeway. Your letter asks what authority we have for proceeding with construction of the Peripheral Canal project under the guise of digging borrow pits . This accusation, as you are undoubtedly aware, has been made many times in recent years. In fact an argument to that effect was made in the U. S. District Court in San Francisco in 19711 . In that case (Friends of the Earth v . Br•inegar) the District Court flatly denied the claim. `.i'he claim also was rejected on appeal by the U. S. Court of Appeals for the Ninth Circuit . A copy of that decision sub nom. Friends of the Earth v . Coleman) is attached for your convenience . The statutory period for an appeal of that decision expired in June 1975 (see Title 28, Section 2110(c) of the United States Code) . There are three agreements by various governmental agencies with regard to the borrow pits. I have attached copies of those agreements . The purpose of the agreements was to reduce the impacts on the environment of the Interstate 5 project and to save several million dollars in construction costs of the highway. If the Peripheral Canal is built, the Interstate 5 borrow pits will also save construction costs for that project . In any event, the Peripheral Canal will not be built prior- to 41XV ,Microf:lmsd with board order Mr. Warren N. Boggess Page 2 November 23, 1977 completion of an adequate Environmental Impact Report . Because the mere construction of the borrow pits does not represent the beginning of construction of the Peripheral Canal, the Department of Water Resources signed an agreement with the Department of Fish and Game to establish a fishery in the ponds created by the natural flooding of the borrow pits, for use either until construction begins or forever if the canal is not built . For many of the borrow pits already completed, the Department of Fish and Game has stocked them with fish and the Department is working on plans for recreation use of the ponds. Therefore, there is no basis whatsoever for your concern that the existence of borrow pits within the proposed Peripheral Canal alignment marks the beginning of the construction of the canal. Sincerely, Stephe J. S' „on Attorney Enclosures cc: Honorable George Miller Honorable John T. Knox Representative, U. S. Congress Member of the Assembly Longworth House Building State Capitol, Room 2148 Room 1531 Sacramento, CA 95814 Washington, DC 20515 r4r. Ed Lorentzen, Consultant Honorable Nicholas C. Petris Senate Committee on Member of the Senate Natural Resources and State Capitol, Room 2082 Wildlife Sacramento, CA 95814 State Capitol, Room 2203 Sacramento, CA 95814 Honorable Thomas H. Bates Member of the Assembly Mr. Arthur G. Till State Capitol, Room 2167 County Administrator Sacramento, CA 95814 County of Contra Costa P . 0. Box 911 Honorable Daniel E. Boatwright Martinez, CA 94553 Member of the Assembly State Capitol, Room 3091 Sacramento, CA 95814 Microfilmed with board order 00 4 hlr. Warren N. Boggess Page 3 November 23, 1977 cc: Mr. John B. Clausen County Counsel County of Contra Costa P. 0. Box 911 Martinez, CA 94553 Mr. Jerome R. Waldie Legislative Representative County of Contra Costa P. 0. Box 911 Martinez, CA 9+553 Mr. Vernon L. Cline Public Works Department Contra Costa County (dater Agency Administration Building, Sixth Floor Martinez, CA 94553 Mr. Hal Taylor Department of Transportation 1120 N Street, Room 2230 Sacramento, CA 9581 + tAicrofliimsd v:ith board order - .`�+��'�}•.}��y��.•L�..�r,s-,ay` t"sF - `�.la� Y`r� --�..Yt "' -� .i_ =.i -� _.j,,.�, �� � .7r Jr t,;r•_..._.- -c-�.;`i�- _: ,_ ii' ?�.� �C••�...Ys1.'`yr.-_�iV•t"i,.,tt -.�.� t - -i !;. ".�- {..•r rr _ `• - ��,., .�+_•��� •2-��i^•Z•e� t a;..ri+ r.�•�A.i`��-i; � r4r �Z �,T•. x� '� r ^i C s[� •*- i Z ..r Y-. �' 7E ��.s'�YS y..3t$;,..a ��i�y:,�c,fr!!.�'L+t i .L A`�v J o i F _y� r r �-:.• r.=` �_�. -.i � FY.IG\DS OFTHE EAI:1'1i y. COLEMAN 295 - tS r , a Cite a.;'ota F.CS"13(19751 t `,tach of it retraces the arguments preyi- the heirs of one originally vested with �! ;sly advanced and previously rejected. the right could inherit that right. f t ; rI: Nevertheless, the Court considers it In sum, the petition for rehearing.it larguments j tFt rotreplete with uments that this Court out of order to comment upon some P b � • the points which the petition seeks to should not enforce the three year period ( ;! : st:rte"• I of limitations e_:pressly provided by the tt , j f : Treaty and insists that we should decree ! 1 ; ��A ;llo j1J First, it is asserted that our deet- 2 a necessity for quadrupling that term hu ;:on "sets a precedent which will ad- when no necessity is shown beyond the :.r tersely affect reciprocal property rights desire of the widow's heirs (and their lad r ander treaties with at least twenty three grantees) to obtain legal title to the land rations around the world". We cannot .,-rree. This case hits been decided on its and its producing oil well. We adhere to our published opinion. •,wn peculiar facts. The deceased lady, Pr t 1 i M::ria OlAulia Zaldivar McGowan, was r ! : t rested with her Honduran Treaty GODSOLD, Circuit Judge. I dissent. for rights on October 31, 1957. In the ab- + ' _t:nce of a necessity for prolongation for -.hose rights expired October 31, 1960. T ^# -zhe died February 2S, 1969 without tak- BI- 't o %_Mr9 SYSTEMany action whatsoever to dispose of lilt! the property under Article I`" of the Creaty or to seek an adjudication that a rr n':(sonable prolongation was necessary. 1 remained for her heirs to champion ° -u.h a necessity }oil- after the expires- •n of the terns of years specified by the Las-, Trc::ty. We were of the opinion that'no )FRIENDS OF THE EARTH et al., for :.1: necessity had been shown. flow '.f=q= Plaintiffs-Appellants, :his damages the fabric of the Ilondu- :un. or any similar, Treaty is not a (r-V. U's- PPS-- c or J nt William T. COLEMAN, Jr., Secretary U. i (21 It is next said that our decision S. Department of Transportation, In- the clearly erroneous rule. The dividually and in his official capacity .r ,�G !l:;triet Court did say, 364 F.Supp. 1051, et al., DefendantrAppellers :t 1060, that Hamilton McGowan occu- 1*0 7.1_275rr �- _ _. a fiduciary relationship toward E. J. ; '•!cGmyan. There was no finding of united State: Court of Appeals,. .t• except possibly by inference, to the Ninth Circuit. tic 7 'cert that Hamilton 'McGowan occupied March 10, 1975. tF ail -' fiduciary relationship toward the de. - widow. If there was such a find- ,sur prior opinion conclusively dem- Conservationists sought injunctive t .r !;trltes, we think, that it was clearly and declaratory relief against federal .��,. ,_.i•.r} _ � -r,'IIeous. high'.ra• authorities for alle«e(I failure t - l:;a I XVt: thus found it unnecessary to reach to comply with statutory requirements in a>y Cour., - ! &cl& whether existence of such a respect to federal highway projr_-cL Tile t L :(tart relationship, il..d it existed, United States District Court for the !„ 5 :!•.I hitt._ I,ro%idl ,d t}:_ "n cc_:ity" for Northern Ui;trict of Cal" rrli •=t (.n. 1tilt' prQ{Ui:=,atit)a". \i!ither il. SChtlaC}•:e, .[.. nratltt:d ({CfCnd::rit5' G:O- C ,lecide whether a pr„!„n;,anon of [ion for sutr.m::rt• judgment of dismiss:,-.1, an, Ltuu!d hate },hen reasonable. and plaintiff-; al,pealc:d. The Got:rt of r:r,••er, we did Flot (!•:cine whet'r!_•r, Appea!s, Eur, ne :1. t:"ri;;ht, Circuit J a of eleven year-, (19ot}-1971) Judge, h.-If" tt:: exc_tati!:g Canal 0 f } r • - _ (ylicro;(,mad Vr;;r, ocu;d-orde - - _.- -_, � �rbMl �,.iY'-dC`.a ,- �'.$ti�iS�'.�:,.�.•s' `?�•fC't ✓1� C,-'��'. F„�:.':' 3'+S,'�L; ^£''�i.�b? P\`..'c�`1�� `?' .'Yi. ,�` -rte ..r`."..'s 5 +..,.•Z.:.3 �,.."V.- �: .rte'*�r ,/ ,-t Lv��- .,� ,� ,f� ..,�.a,r ; •�. .+'. _ .�.,►-:�,.;j.tett'? . , .1. r s-� ' .may' ,,�•. s`� » ^`;1i 4 �� l a ...w"a:..''t: �•ktr `a.`�t....�,+..�e:'.:�Y,�'`.�}"� wa�y{rr'Tryty�r'a. :� .Z�:. •'�6•�t'3„�`�r�i' ^� .�'�_y. -'•�y'�..tW..: .:+u .w1'^�' �^`a::-t rr:�a�� a, :..'v.i•y.��a .''�'�' •'sty- .ter•. -1� �`r :'.`.,a:,;r-.'.a 4• f.,A�:EACs+�.aa►�'�ns .F`ir�ila;.`RSL+.Rl �'!!iS.�1ld•M•`• +�T"'iMc.SS:is '� � '�'-i:%a=.l1i«f{ 'sr '''•44 296 513 FEDEF._lL P.EPORTEK, ?d SE?IEs posed as part of state nater project, to tional Environmental Policy Act of 1969, obtain fill for federal highway project, § 102, 42 U.S.C.A. § 4332. did not constitute a sufficiently signifi- cant commencement of canal project to 1 Health and Environment x25.5 warrant formal. NEPA evaluation of ca- Test for determining whether pro- nal's environmental impact, nohvitlt Posed excavations from canal, proposed standing claim that excavations seriously as Part of state water project, to obtain ;R influenced decision in favor of complet- fill for federal highway project consti- ing canal without an environmental re- toted a sufficiently significant con- mencement of canal project to :warrant view, where contingent plans had been formal NEPA evaluation of canal's envi- made for use of excavation sites as fish hatcheries, resources committed to exca- ronmental impact did not depend upon vations would have been spent on high- interrelation of projects per se, but de- way project in any event, and any work Pended upon whether completion of one on canal beyond excavations required Project would inevitably involve an ir- prepar•ation of an impact statement. reversible and irretrievable commitment of resources to second. National Envi- Affirmed. ronmental Policy Act of 1959, § 102, 42 U.S.C.A. § 4332. 1. Health and Environment 0+25.5 The National Environmental Policy 5. Health end Environment x25.5 Excavating canal, proposed as part Act does not require an agency to exam- of ing every conceivable alternative to a of state water project, to obtain fill for project involving the environment, but federal highway project, did not consti- only those that are reasonable. National tute a sufficiently significant commence-' Environmental Policy Act of 1969, § 102, ment of canal project to warrant format r 4 - NEPA evaluation of canal's environmen- 42 U.S.C.A. § 4332 tat impact, notwithstanding claim that 2. Federal Civil Procedure (--2470.4excavations seriously influenced decision Showing of a genuine issue for trial in favor of completing canal %%ithout an by a party opposing motion for summary environmental review, where contingent judgment is predicated upon existence of plans had been made for use of excava- a legal theory which remains viable un- tion sites as fish hatcheries, resources der asserted version of fact s and which committed to excavations would have would entitle party to a judgment as a been spam on highway project in any matter of law. Fed.Rules Civ.Proc. rule event, and any work on canal beyond 56(e), 28 U.S.C.A. excavations required preparation' of an _ impact statement. National Environ- 3. Health and Environment a2i.10 mental Policy Act of 1969, § 102, 42 U.S. Environmental impact statement, C.A. § 4332. which was filed in connection with feder-al highway project for which fill was r being obtained from canal proposed as Thomas Zuckerman (argued), Stockton, part of a state project to transfer water Cal., for plaintiffs-appellants. from upper Sacramento Valley to south- Elias D. Bardin, Asst. Chief Counsel ern California, and which considered al- (argued), Sacramento, Cal., for defend- ternative borrow sites thought to be via- ants-appellees. ble ones, and concluded that site chosen was not only economically preferable, OPINION but also less environmer,tlly disruptive - * than any other possibilit?, was not in:uie- Before CH=iMDEP.S and WRIGHT, _ quite as failing to consi(?-r all reasona- Circuit Judge:, and THOMPSON," Dis- � _ ble alternative borrow site_ for fill. Na- trict Jwloe. •Honorable Er u-:e Y Thom;;nn, 1Jr,ited State. Divr'et Court Judge for the District of Nevada. �_. l�Ilicrotitct��u v�iih Loarcl order =T -�'' '°-' tr r-• '', .-:7�'''r"'R'�+._:..e., ,,r,�.�„a,\ ..ir}r^ ,ai/"'0'^I lZ' t5��'__`-��2 ;?i"".t�PCc_E��' A--Fig=-' Ew— ci rte` ra � 4.�.'Z�.�F,�,�•�i�,:::•l. r� s- '.�l'?� -^�',��`^; � �.r- � i a• �" � Lt'�s'�-z�'•� -+.:S:,r�"'•.a ''••r..jC,.r��.'��'T.=�S` -��'} � �y...� Z�.i'Nrs+.-=S.r _. .r�L� r��•�Pa.1'�'"�'�7.rf.�4. r...rp-,irw-r•''ra .,,,�,'T�c�,�•-�!�i3cti••' �i '*�r'`�'.''^r-. r`Sf i�. _ f.r.,,•S, j'N - ,,.,F► �YC; '� (l Yy �r�z;t'�:�.��'..•�tj3��yST{-.wt b}•F +�•�'r},:n�••"r�h :L ?i=L�'����.w.�'►Y G•.^l} -�t L. •a.�� i����!r7� �..�}�C�.^ i2s�:a'tij�.W.ea..�W'a<.f�.�:.•� -p �S•.• � �;.>'r3'Y ./.%x:r � . t' "�-.S�w7 :i.:. .+' a- _�X1. .may..- 4c�'.�3'+- S`',?�.a•.'�'� ,✓:' h:"-�•:r '� �„-. "'S. _•�t .!:,v:"S"••t ��. '.�." � s�z`•' '� ",i• - r..Lk. .:•.._ -,,,� ii•-•+`.�' -Y'tS .+;Z'�.w�•.. .i _s r=Cr•�..r_•:t•-� yr+"_ FRIENDS OF THE EARTH t- COLE31AN 297 Eclre;1�513 11117.11 1 E[ GENE A. WRIGHT, Circuit Judge: the fit[ conform to the approximate de- ' f sign cl;mensions and shape of the canal. S Appellants are conservationists who 1 i Appellants contend that the environ- 25.5 c district court injunctive _ ;,tt ht in the i mental impact statement (E[S) -sub- r ami declaratory relief against the federal mitted for the highway project was inad- ,iefendants for an alleged failure to com- equate because it failed to consider all ! ,!v with with the requirements of the Nation- a reasonable alternative borrow sites for al Environmental Policy Act of 1969 the fill. They also argue that thero- NEPA)' with reference to enviror.men- p t = posed excavations will constitute a com- = i ' cal impact statements. The project with menczment of the canal project suffi- ` ) -al's env:_ uvhieh the appellants were concerned was ciently significant to warrant formal the construction of a segment of Inter- NEPA evaluation of the canal's environ- b t c� :,ate Highway 5 (I-5) between Sacra- mental impact. Such an evaluation, the n of o^e' mento and Stockton, California. The contend, must be made prior to ar}y fur- ; • ' e ar. i- sate intervened through its Department ther construction work on the I-5 seg- of Transliortation' ment, either as part of a revised state- ` ( =: ` ' •_ ;_.': Envi_.: y The district court found no genuine ment for the highway project, or as a ` issues of material fact, held that the separate statement dealing with the ca- was nal project alone- statement submitted for the project # :•� r�- _••>_ teICONSIDERATION OF ALTERNA- .sufficient as a matter of la , and grant- - _ _ ed summary judgment of dismissal. «"e ; _ : : •y: s` '' ;iirm. TIVE FILL SOURCE SITES. .n :t: for appellants are two environmental or- [1] This court has construed ;NEPA IM nrnc� ^_ ganizations whose members reg larl} § 102(2)(C) as not requiring an agency to use the affected areas, and several indi- examine every conceivable alternative, vidual users. Their challenge was di- but only those that are reasonable. Life r,cted not so much to the actual con- of the Land v. Brinegar, 485 F.2cl 460, c�c_�ion struction of the I-5 segment, as to ap- 472 (9th Cir. 1973). It follows that an ; a. I,ea:ees' decision to obtain fill for the agency must consider those alternatives 1.-eject from the site of a Peripheral Ca- which are reasonable. md, proposed. as part of the California - Appellants argue that the final EIS N` r•_su�rces %Vater Project to transfer water from for the highway project failed to con- 4th a,_z the upper Sacramento Valley to southern sitler at least three reasonable alterna- i .:. t i; :,n- i California. tive sites for obtaining the needed fill. ;,.•: •r I Invitations for bids on the highway In support of this contention, they refer ' .on a=- an project from the California Division of to correspondence in the record indicat- Fa _ Highways included specifications de- ino that state highway officials were . .2 42 _'.S, ::'nett to implement the decision to coon- aware of these alternatives, but conclud- :tinate excavation work on the two ed that they were not viable ones. That projects. By agreement with the State's determination, appellants note, was i - Urpartmertt of Water Resources, the Di- sharply disputed in their own affidavits, 1 tision required that the fill needed for which declared that 't[r]easonable and vi- :ie highway project be obtained from able alternatives to the proposed excava- + ; 1 tae canal site. The specifications also tion ex'sst." The assert that, at the `• _ CO-: i P } - ��__�,�_ provided that any excavation to obtain very least, these contentions raised genu- ! i =;Y 1. National Environmental Put;cy Act This contention can be quickly dismissed. . D>_fendants resented uncontroverted evidence i It)_(_)(C) [-t_-i L.S.C. 9 433_(_)(C) (1910)i p 1 ,• tF. t using the canal site as a source of fill t , Appellants also argue that corunt:ncerneni of would result in a substantial saving of federal � '^ t •f _ tt_• canal CXGIv.1tion would corstitute an un- high�ca) funds, since the state had already ac- E ; t. !•1••%ful e.xpend,rure of federal highway funds quered substamial portions of the right of way j t ire t - } a noa-hiolut'a}' rn-et v:ithout the e� r' J pF.cit fo: the prcpotied canal. ;wlesaan:l au:horiaticn required by Sec- r tl.,n 101(d) of the Fed.-rA High-,-ay Act [33 i f r__ l-$C. 3 101(d) (1970)1. 00578( C -- 513 f '• ft,icre`tim_ .; ..itn E ,ard order �- ''t�� -Y-l�q�.�?^x����M'�;w��'S' c:��S v�:C�i.���a}} ..r..^-i 1.;" Yr" a; :,-y•if�:�`�'xr',:l(� �ir`-�:R7�-r.�a ..iY����fMir - -':�"' "t+.�a•.. '"y Yti-='�.*Y' s`3��:•t' -1}.:f-.�^�tyy,,f-f ` 1r:ir_'�"• •'' , err .� �. iz.r •- "'. . �y'r!' �•� y-`'��t+� `F'�„a �i'tt' �_ -wY.`r.3" t�=,��±w -,-+`•s A t -r7c-rti'f'4i- '+•L j. a? `-'.-.�'�3'`.F+"�� � _- .��«V `G�x�4L�"O �.- .�y�• .p^ y'".'Sf-�'7p"i•r_r:.-�'Lsc�1 �`+Y"`:t'� �-ti'Y�:-sa .c-,`•ti""y�Yr-� 4.i S-z�r`,'A,h" -wive r•: •i �"t'�.:_.`;; '9' F 16'.1` r'T("r�`KK�.ac3 ..�, � ..-. .v.�..+-r � fi�r--';u��••,.- .���- '�'13��,[ +4 ♦.ft;as -ra " _ LL'N�' r,JZ_ .. �� �5�`T' .�3y+��_,ctir.�� r-- '7"i :;%rr.'�-::::•-r�'S'!'':�j',.73--�,�-;�1,tri�r'ii: ��.-�,_F�dlii: p. ��(iL'�r'1-?,?c�y ��r�-� '�=i"; �'y"•.�i ,•.� (•t'•�li`'�"�"' 'vC7_•:`gr�'�i�.s��-'y�'T"'�.'����': .%•����% >r,;'�'.'-i�:•s�'VT:Y:�.`t'^w'✓,.Ti�el+yFa.'T.s.�L �AJ'.'-r-tI_�•��.!`�e..�:w>:_• {.�� �-� •yam. -5.�-•�C�j-..s•4•:',4."` af1-3•'vi •:J!t�`�-1�+�`. SRM ; =ah?S.ir'�0�'r/,.7�t.1W�4'' :-.';.?• _s ",t�'vi��'+y?.'�A'�lr.%Z.✓�r+d►'Ta`ti..1'*.i_i�ii6"ti'irl:+r+7�Y'�-s d - j'� h . 7. 298 513 FEDERAL REPORTER, 2d SERIES ine issues of material fact as to the rea- presented be'.ow, we canno, agr e that sonableness of the alternative sites, and the bare conclusions of reasonableness that the summary dismissal of their ac- contained in their affidavits sufficed is a tion was therefore improper. matter of law to preclude Summar. Fed.R.Civ.P. 56(e) provides that judgment. when a motion for surnmary judo The highway officials who prepared ment is made and supported the EIS presumably considered the alter- an adverse part} may not rest upon native sites proposed by appellants un- the mere allegations or denials of his reasonable and unacceptable. In con- trast, the final EIS did consider those must set forth specific facts showing alternative borrow sites thought to be that there is a genuine issue for trial." viable ones, and concluded that the site chosen was not only economically prefer- [2] The showing oC a genuine issue able but 'also less environmentally dis- for trial" is predicated upon "the exist- ruptive than any of the other possi- ;� ence of a legal theory which remains bilities. Absent the assertion of specific viable under the asserted Version of the evidentiary facts, the district judge was facts, and which would entitle the party not required to den}' appellees' motion, opposing the motion (assuming his ver- and take evidence on this issue. sign to be true) to a judgment as a mat- Finally, it is contented that the EIS ter of law." McGuire v. Columbia 't Bfailed to consider the alternative of not Broadcasting System, Inc., 399 F.2d 90L, •'`'� ,' completing the proect, and thereby 905 (9th Cir. 1960. Hence we must de- j ' C it avoiding altogether the environmental de- termine whether there is sufficient e% disruption of the excavations. Appel- _ dente supporting the claimed factual dis- ,_ lants claim that the discussion of the pute to require a jury or environmental impact of the excavations t•_, ,yz judge to resolve the parties differing was of the cursory type criticized in our versions of the truth at trial." First iia- recent decision in Trout Unlimited v. tional Bank of Arizona v. Cities Service o, Morton, 509 F.2d 1276 (9th Cir., 1ri 4). Co., 331 U.S. 25:3, 9, 83 S.Ct. 1545, 1592, 20 L.Et1.2d 569 (1965). Jn that case, this court upheld the de- termination that an EIS for a darn [:3] The district court concluded that project was adequate. Nevertheless, we ` appellants had failed to introduce specif- went on to caution those charged t:ith r ic, evidentiary facts in support of their preparing impact statements against too . of contention that the final EIS improperly heavy a reliance on a conclusory ivrnl failed to consider reasonable and viahte presentation, lest the act's purpose of acd,- ... alternative fill sites. We have read the equately informing the public of proba- affidavits and exhibits referred to by ap- ble significant environmental impacts he r .6 - 4.and cannot say that this deter- undermined. Id. at 1383-128 1. urination was in error. As with the EIS at issue in Trout Un- ,� ,'^ Counsel for appellants assure this limited, that before us is also somewhat � r} court that they are experts qualified in conclusory in it, discussion of the impact gg- S T -� their own rig ht to assess the reasonable- of the planned excavations. tievertite- - ness of alternative fill source sites. less, eve cannot as•ee that it w<^s so con- However, even if we assume that their clusory as to require invalidation of the qua lifications as affiants were properly district court's finding of sufficiency. .,*OL 3. Appellants also contend that the district Act § 10(e)'s "abase of discretion" test [5 <`;i+ court applied the«rong stan_'ard in evaluatir� U.S.C. § 706(')(.1) (15-v')l. S,e LiE of :he -- ter..•>- tJ••s \= - ~rt-eek 5 .;S_� the FIS's su.`nciency tinder ,NEPA. A!thouzh Land �. Eri roar, ,�� =.'_'. ,ti0. 53 (-:i Cir. .. it is uncl:ar from tf:� record hat star.it of 19.3). rie%v the [r:.+l court uLin.:tr. determined :o Our subsequent deci:.•:: in Lc:.!-._r. c. F.:ins- apply, at the time of its decision the a„rop:: Lar, SOS F.2d E77, 69' ^:: (9th C:r. 1:+:1) (en ate standard in thio circuit fc•:testing th ade• bar:c)• made it cb_a: tl t i e correct staotlacrl £ 4 4{ quac}of an E15 ��as Administr>ai�e Procedure was inaead to br fot:n d t oder � 70h,2j;D). board order. • =G-y'�sr:�+.;y..., ”+�' _ _ -._ ;.. �l V ,� a;"zrri'_....,•'Hat'l.• -ss 'S�''d y. �5 �.si r ~-� - _ i" i' .:ic �_' � .' _r'y �,yJC'''�t'+'�._rn yi.�"' �i��a.�•`M•_.'x'",�. S..`l_.`=: ��r r} •c' ,ti zc''r'��'...�_�_!'�i_ - � �.a�3i r'`ti k�..�! '�'�1 �•`a�;+,fT..,•t���s�i<•"� �`�'�.a->-r:c~rh���.s.-�`�c�a�1r�.K's-rx•i �••�'S�.�•4� �'2'•F_•f• : tin i - •� =Tr;?": �.�i7!'7+'�.� ���1..^ I'�t/.:.4�s-^'�...a-�R-d'i"�.�'La`-'� ~i>{•-'!gyp'T'��6:Ja i •'r't�/� � -A„i'�fir`.->•��r.�'�� F"' Si t'r✓ a- 1'' �. S s �+� '£t -� tom. z � r�u�4�V- i •t �1•�-X-,�, T.,�, �'„�'..�'.•'s• �''..' -_i?�.+1..Y61iar �i��i�.�-` V.�r. JFVt -w� L`M bf!'T�„""'+.i �`. +*; i!��"t:''f:�.a.-�"d'il"Tj.a�.k' .1f'-' -"vI. � n`r�„•k{. _S!_��q._�?.Y',�y�.y�,jit�'y..S _..K � ..e• '-,ry,.�-.-..lt�,��l�t-.�`yrw � ,�� 533j,Tr'7.Lsfs'ir�Ll�a.3cl._tsw.+�•.�- let t r��Y m =` ice;'� 1:" �'�`w -iz.' i n�✓ a. t ..�. V �``' �P YSr� aJn•V•lb`•"• `^' 1��,�L{IGIt tF�-,� ��.,,. ��..� !�-....�it>..--'�'wt �",�.-."�Yry�.,� _ r a, 'y t r- �`ti, A .. '* _ •-!r _ f�.}�.•� ►* 'xy.>," a 'y' •.-C' i,�L.l:i>a:,•t. _, ftir'�.:. Ci. J• .'`:. [[ �, }•s�z�--rt •�!`�'.•.spy _!•7tw '�y t t-..j .`_ ), .J •� !fi FItIE,DS OF THE E_ RT1I r. COLEMAN 299 Cite as o.::F.2d_'AS(1'J:a) :tc r^aL " I c f We uphold the district court's determi- an "irreversible and irretrievable corn- ra ,tion that the EIS for the I-5 project mitment of resources" to the second. i t is nl cz3 x .,,lequately discussed those alternative NEPA § 102(2)(C)(v), 42 U.S.C. 3UM" ''r? 433'' C v See Scientists' Instiiute f lvrr—ow sites which were reasonably § -1-)( )( }• - a:ailable, and adequately considered the for Public Information v. AEC, 156 U.S. r'reDa�,-- ts�iruntaental impact of the proposed App.D.C. 395,4S1 F.2d 1079(1913), noted JJ t!:e al' I in 87 Hart•-L-Rev. 1000, 1055-56 (1974).-1 ' �c. � rXC�.1:1t10r13. ( } tants- uawv:: + i� • i ; = i In co it.it. CO`SIDERATION OF THE PE- Scientists' Institute, the leading case ler the ,, RIPHERaL CANAL'S E`VIRON- analyzing NEPA's "irreversible commit- tt to - MENTAL IMPACT. ment" language, held that an EIS had to oe, t the ;items;t be submitted prior to commencement of 1 pn!j appellants concede the merit of any a massive research and development pro- d attempt to save public funds by intera- tali, grant for breeder reactors. The court _r o gency coordination and cooperation. looked to the nature of the contemplated I i They argue, however, that such coo era- „ P research and development" program, twn cannot circumvent the clear intent �ttl,•e w���:s� which involved test projects and massive 1 :: i i?;,`•�` r o, tiEPas EIS requirement that all expenditures for the development and >' fT:utiOR��i.- :c it � - r ;• j: _: ':.` rarnifications of each proposed federal improvement of nuclear energy technoto- , S s. project significantly affecting the en- gy The court concluded that the deci- t AEms'' t;ronment he considered at the earliestf i t ; cion to go ahead with the"R & D" phase txtssit�te time prior to commencement of of AEC's proposed program would also . . , • ; ;; F actual construction. rn;aenLai. wi. effectively commit the agency to that ;a 1 i;t_ _ i' Nor, is it asserted, can linking com- program's subsequent implementation rrxnc trent of an environmentally haz- phase. Given the long lead time genet- • ` V E Lies =;J•% I t •7`-t:i a.^tior�.�rN ="`leas project to completion of an envi- ally associated with the development of rtnrnentttlly unobjectionable one be al- energy resources the decision to im le- lw•%t!i to circumvent the EIS require-rriteci r,�« meat theprogram's firstphke would in �:'� • , , .• ;--. s�.:-?. ment for the former. Since the exettva- reality foreclose reliance upon alterna- ! ".' ' ti 19 414x,;N Y P ,.i ix. guns proposed for the highway fill will tive energy sources to satisfy additionald the ly a..o he part of the canal watercourse, demand for energy in the future. '"' ; • �,�` argue that the time for EIS consid- .ttie s, w ,' [5] Appellants contend that this case - ration of both projects is note, hefore :i ; ;j �- Zed :�; h- falls within the Scientists Institute ra- •ccavation commences. ;:�irst tag•- ,j; tionale. They claim that the cut an fill 1 ft�rat ot�aytii 141 As the district court properly not- specifications of the highway project :�e of there are limits to the required scope would involve excavation of one-third of of pcunsiclerltion of one project which the canal's watercourse.5 Excavations of :nav he remotely connected with, or have this magnitude would, they argue, seri- - - -•roe effect upon, another. The proper ously influence the decision in favor of :;;i "; ?'rnJt La--- '��t• %ve believe, does not depend upon completion of the remainder of the ca- _' ' ;� �`� interrelation of the iegvF.aL projects per se. nal. Hence, unless environmental review l"•.� } Y `'ther it depends upon whether comple- of the canal project is had now, commit- of one project will inevitably involve nrents will have been made, by the time 's '' coil—v,";, ah:ch compels us to set aside agency actions 5. Although appellees disputed appellants' >fl 0 a -:? 'rand to he"without.observance of procedure characterization of the scope of thr contem- a r-c aired by law." However,see have conclud- plated excavation. Che district court was -L th.,t on the facts of this case, dismissal of obliged to consider the facts in the light most action was correct under either favorable to the parties against which summa- of e_, Compare. Env,ronm-ntal Defense Ft:ad, ry judgment was sought. S:nce we conclude J lr in: r. Armstrong.4S7 F.2d Sl?, S17 r,. 7 (9th that the FIS was adequate in any event. we it 19:3), need not consider whether this contention b}' ;- Sr.:--:•r. t This test is similar to that set out for succes- appellants was subject to the same objection of inadequate factuA allegation fatal to appel- s a; 't'• c .n1ementatiun hoses of the same 7 p lents' claims rrgarJing consideration of •alter- _.•_ u-- :� ::n:-ct in Trout Unlimited v �f t•�n. ->;F-%d D. -�?r _ -'=b, at 1255 C3:t:. ...i Yip:: St?•_S. t t •:F -7"..r.. (9th Cir. 1974}, [ {��i tr {F •Sz ,; 1�IFs ►'J'U ' I }j�trii -e Microfilmed with board order ='. �tbe• F`:L.:r:�gr 3>Gv�_r•., t- ,,ti... "l ' .y .;•7 -$-y 'Tu �•' '� • k � � J„ .,.a X3'.4.t Y;,,'�` '�•c�.: �" � } :^!�•b/r.�w� iEs 'LZ`�..•�t+"��.�d'a.^.+f �t't.�''r ��.ttr��M �"'� 1 i ':_+' �fv✓ f - ry .'4'y`!' �..=tel-r:, t �:.i N.1 'l �1.•:. �J; ' f*a5:(�..�,�r i'i` .:Fjtk' 1.-��'`t `-•c'�'^'., ��'°�..•l !, i !�j'•..+�..yv� �i� �i•,,"1 r"+y r 'f,! ` ., `4. , 'r 1t.N�•�,�isdYM7'� -+w40. _, Y .ri ylv-oXw-y:T�r./rswYh�.+.'}•: Ylw.'Kt::f`Ytr�CSIb"!�7t�^ �.► 1Y N+, >•- •�h.�-`*,���. sit. ��'Y •"If.}t;.�;JSM'MIS#IRM.]N1>�►l�iiYi�iiYI.�F-�N1. NA��i • 7) 300 513 FEDERAL REPORTER, 2d SERIES the canal project comes up for formal White appellants Wray be correct tha approval which will make completion of the presence of the excavations will mos .+r the watercourse a forebone conc!usion. likely determine the path of the Periph erre l Canal, if it is built, we do not fine We are not convinced that any such in this a sufficiently significant nests tc consequences would necessarily follow. the highway excavations to warrant In the first place, the highway project linking the two projects for EIS pur E[S noted that contingent plans had poses. The environmental issues in been made for use of the excavation volved in carrying out the contemplated sites should the canal fail to be approved ~rater transfer are likely to he of ear for any reason. Substantial evidence greater significance than those concern- was submitted that the excavations ing the route over which this transfer : could stand on their own as successful would occur. '- and useful fish hatcheries, and that con- ditionalcanal agreements had been reached by which they would be utilized as such.6 Long, v ith relatively• fixed termini,-there art is little room for variation in the actual route chosen. Cf. Iowa Citizens for En- S2condl even if the e::cavations are Volpe, , - ���- _ Y. viron:nenta! Quality, Inc. v. � ltea'7 t allowed to proceed, the public and Con- F 2d 8419, 853 (S{h Cir. 1973). And, as gress will have full opportunity to evalu- previously discussed, if any significant ate the «isdom of the contemplated environmental advantage should appear water transfer scheme before it takes in selecting a different route, the alter- s s_ place. It is true that, should the canal native use agreement with the California project eventually be approved, construe- Department of Fish and Game would go tion mould be able to proceed more eco- into effect. nomic dly and expeditiously because of L the earlier decision to act in coordination The construction of 15 5 is nearing completion, after much time and erre::[ with the highway project. But the do l not belieye that this bringer the Scien- expense. The proposed 17-mile segment ti_ts' Institute rationale into play. The involved here will leave, when complet- z resources committed to the canal project ed, only a 2:i-mile gap remainin- before by the proposed highway fill excavations the California portion is complete. The ` would have been spent on the highway massive nature of the commitments to , - project in any event. In fact, evidence 1-5 already nrade afford additional sup- was introduced that the canal site consti- port, we believe, to our decision to sir �• tuted the cheapest source of highway fill hold the district court's refusal to coun- _ available? tenance further delay. CC Citizens En- vironmental Council v. Volpe, 464 F.2d More importantly, since an EIS will b� 8�0, 873. (10th Cir. 1973). required before any work on the canal lienee we agree with the district beyond the highway fill excavations can court's conclusion that the highway and be done, requiring the statement now canal projects should stand by them- es 4Y would serve no useful purpose, but selves for purposes of environmental re- - --'-;- would delay the highway project consid- view. Cf. Trout Unlimited v. Morton, 'r = erably. We are reluctant to accord to supra, 509 F2d at 1255. We uphold the NEPA an interpretation which %could district court'. ruling that the highway - have the sole effect of discouraging project E[S satisfied § 102(2)(C), and af- • _. agency cooperation of the sort involvedfirm its order denying injunctive and de- here. claratory relief. i:!Z ���'���-� 6. This evidence was in a memo-ande:a of had rot rdcei:ed final approval within thee: u:derstanding between the State DepartT.::ts years :after excava;ion. of Mater Rt-sources and Fish and Gam=. It r• �C`- committed the latter to converting thA borro%v 7• See noir 2 st:gra, ` sites into fish hatcheries if the canal pr o;cct 2`~ vrith bard order M Microi►u»�=o . T '�� ^ c '�aT.'•-f�•�f�Cr�r�. � t'4! • '�'y�, i�C` L "`aa.`�..n .1"',t.]ird�X" y,,V't5!'�-.,�tie;��.;c,,r qtr. .� i• ...c� �t..L.. sL. �; �c is .�:-+:y � �!'4�'•�Q�- �-�^ •.+.ry-..-• ... ,�-i„a y -* �� S+j'r.�' -. "v r-,'�'_ .� t. �3F:t; ,,,,,-•53�i �• ii ti- .r f -lt _+•_ .,.;. a.'C•.:'�-� .a - t _'� r azo t •/2.^yt: .��,.: -v'r,�S ,�,,�_ �1`��+,r ".t�,y,��s-..5.xtr•ir.r -; � •F -n:+N�zYs�uw--' r;'�. n\ w � 'r'QC�4�•?`"�trl�•::'j<i�}�d����_�R„��-�.•,,ai�»•r�'.,kv�.i•rL.:'�r t.~y�'.`..r.F�:�o�'�r`�.+.•eea5r's '�_�t.._ .•tea;'-S•� .,... STATE OF C1LiF0RMA I TE.J�%.A-GI. ,TCY AGREE TENT Tiiis Ac!: i,.,,ENri- u cnccrcci inco citis..._.latb___-day o£_.____�January r b, and hcty.ccrl the unocrs:Lncd Sc zc agctic;cs: • iI (5cr fc:n s=rt-JCc;, marcriaN, or cq::;p:ncn-, ro be furn;S!xd, or work ro be perfe.-mcd, and by whom, ri::c fo.perfo^unc or eo ^p:c_i:n, and pro i:ion for payn:enc pc-� Ji SAM.) 1-MIEREAS, the Dcpar-t i{ent of 1.1ater Resources and the Burz;:u o., Reclamation of the United States Department of the Interior plan %o construct i, joint use f aci'3 -Xr kno:•,'n as the Peripheral Canal, -which facJ_11.t;' will convey ►.ater f--o;-.i the Sacramento River. near Hood to Clifton Court Forebzy near Erren; :end 1:EEREAS, the Division of. 1+i oni•.ays of the Department of Purl; Works plans to construct a hf-h:•;a;�, a portion of lnterst4►:v 110-- 7, is Sacrament-o and San Joaquin Counties, i-;:^_ch high:•:ay gill parallel a portion cl• the said -Peripheral Canal; and 11HEREA-3, the Board of Super.isc^s of the CountUlyr -o`' Sall Jcaq.:- }las recLIcs ted that cons i.ruc t.. on of the Per -phe'_"al Canal and In tor;- i ate Route 5 be coordinated so as ;,o reduce the impact of these projects u,--r- the }.c the areas through r:i:ich they will be cony eructed; and W- EREAS, coordination of the said two project.:, achie,re a redLctlion in the amount of lard required and can minimize 'r_aulinG problems; and t 3 Departs:en tt of Pub-1 Le ',':or-:s Department of '.:'atpr Resources Division or RA 11,iC;,ys tr Water Resources —abot•c ca}lcd Director of PLIj:JT?C 1':Jrl-s r (CC::!;nL%:!oa __...eft:::; ro!•:r!.•ere brr:b�-=!?cr1vJ and rr..:d..:;art + -`----^--(�{ 7n F: SLL.c i c �ilC(11Iv?%r F'•Lii?C3 f; fn - { i� Chsr.;cJ stcrrnrc )— Drily .tJ)- ^t• LTxLIr-> V!OT11F.NT r..A_ ra!:.t•t,:n.!.:_...:t:•:c t- t!r;t. :rr.:.:c to.t!_:r r:rt 1•vvu ::_::1C"::,r , r ti .\t'it:•:cr,. : i:•_r.:.i:r,;:::_:...r,t.:rs i 17 ��-(�r' - •�..t �L..i �•--t•} :•u:;c:c!i.�rr?.arc o.rt,:�. ... !r.'.•c.r:.:r:..:,•r:•. (3i:r. Y..S.:t. ( t-r -2- no. 116052.6 4_*r r1-_, subs tan tial savings of public fundz can be* •'al1Zed b'.r both the Dcpar tm nt or Wfater Re$ource3 and the Lep2_^i:*'t:TrUbli.c Works if material excavated from the canal 'for hieliway fill. NOtI, `1.`: ?Lr OR , the parties agree as follows : 1. The Department of. Public Works shall advance funds to the De-oa_trent of eater Resources i or Vne acquisition of rights of ,eav- for four segments ofthe Peripharal Canal sufficient to provide up to 7,000,0'0 cubic yard-s' of borrow :-f - r••aterial from the canal .prism. It is estimated that such advances will approximate $2,000,000. Such advances shall be ma-de as the Denar'men t O_' l':a te?' ReSOi;:ces regl:i r e S I�IRi ao. for such accuisitions and so advises the .Department o Z'ublic ►:orks, provided, however, that no single advance Shall exceed 1500,000. Such rights of. %-.a,j shall be acquired in the ncre _ of the Dei Gr-me;�t of ::iter Resources and in .accordance with proceC-iures prescribed Jn the rights.-Of'-:•lay acquisit.lOn agree-- procedures - ren t between the Devammients of :•tater Resources, Public ; er;:s, General Services, and justice, dated ganuary 20, 1965. The :Width of such rights of way shall be the full width required for the Peripheral Canal. Location of the four segments of the right of :lay are sho-em on the attached nap_ 2. The Depart ens of Public Works I contract-ors sha11 excavate fI'0[l the Canal prise v,DY'Ofi�,?t21�' ,500,000 cubic l yards of rriat-2rial to lines anid grades agreed upon by the i Department Of later -Reso-urces and the Der`artment of Public t• lio.-kcs and in such -ma.-Mer as to facilitate maintenance of ! the borrovi areas after excavation is completed, and shall fence -the right of uay as the Depar.tracnt of :Water Resources shall require, pro-videa, hov.,ever, th2t The cost of such fencing shall be borne by the parties as provided herein- . • after in par2oraph b. 3. The .Department of Public I orks shall complete '-its bor:Oi•: orerations p i- or to January 1, 10-1141 ; The Department: of Vater ResoU"ces shall have the right, however, to commmne:?Ge coral cons tr,:cti on prior to ti:e completion of such borr ea operations in accordance trio: a coordinated- schedule to be • a;= eed upon between 'lie eDar- ^ent o�n Eater h esources and the Department of Publ Le l rorI . �! . The Dopar.:*::en1T of :-hater Resource: shall certify prior to March 31, 1S?,8, z1he right of i-.ra -1 res for the "Telephone Cut, " the most Sorzt lcrly of the s":rm-eats from TC1Zlcil t:}le I.>e ari:mcnt of =ubl Lc liozlzmy l coil;:r::Ctors are 'L-.o excCivatc bo:':•o:•: rmterial , and shall certify as soon as _f DOO MICrot;ined. with board order 1 cu,Gir:nl; po:.siblc thereafter, in succesSion £ro.;r couth to north, the i irrh't Oi c ay 1�:2C„ £Ui the OVhG_'' i;tir4e .cic:'uf.;^.nL.i ir0t:i 1,4hich h g ,iway borrow is to be excavated. 5. The Department of Public Uorks, shall be responz bi- \� icor raint_nance of borr0 ! areao during the con_z ;ruction period- The D::.art-man' O. Public .1., resPonsibUity -or such rialntenance, and its liability in connect 4.on with such rzia nten-ancep shall cease at such time as the Deila, 4-rlent or Pub13c :Forks accepts its cont_actors t work in the borrow - areas and- riot?.. the Degas trer_4 Of :a';,'.•r Rn;,OLtr--.> OJ. �,�.2C: aCC?p%cance- J.The Department or P u►bl=c tlork s zha3.l indei nif y and :lot d t1ba Der?r, of 1•ia%r_•'_r Reso,%Irces harmless from. all Claims, sjlt;, o=" actions arising Out of in juries or damages whiciz occi r prior.- 4' roL, - of such acceptance, 2--id the Depal Lien t of Vaer Resources shall zr.Qe.:. ify and hold the Depart. ,en- of Public Ei[)'_•'ks harmless f:'om all claim::s, suits, or acL7.ons anis=-nog coat of r1eS Or C1cT:1r.g,e3 l'ia�}C!l occur . after nott:ice of such acceptance, provided, ho e%rer, that the :Depurtrter_t or Public i or=es shall be liable for are-half the cost of i._^.e Premiums for such l-iabilitl insurance as the Departmen-, of Water Resources shal? Djrchase l•.1 Zc:l h ^ are appli- cable to the Z-.I'iod flvcm the date or notice of such acceptance until the date upon unich the Department- Of :'18ter Resources or t_]e Bureau of Reca_a:,tat.-mol be,-sns construction of ttk!e Peripheral Canal or until January 1, 1976), which ever date is i l earlier, and for one-half the cost of all maintenance t:arlc undertajcen by the Departmant, of b:ater Resources in the borrow areas aurin' the same period. each party shall izidemwaify and hold the ogler party harmless for any cross, cost, or expense which may be imposed upon such other party solely by virtue o; Uo�'er:�rent Code Section .895.2. 6. The Depart-mzht of Public Works shall be reittt'nursed by the Department of Maier esour ces i or funds vd a:1Ced '%G the lat.-ter in accordance with paregrap%; 1 hereof a.nd for.' one-half the costs of fencing incurried by the Department •of Pub!•`_•a '.:Q,Fcs as provided in. paragraph 2 hereof, ro=_riled, however, :,hat such res*.^.bursement si:a?l riot iriclude the cost of util?�' fzcil ty relocation, and fencing under-a cen b. the Departmin"ent of ::iter HesourcEs t:rich c.o.tld riot have bt.4.1^ ,► required f excavation of the CP..na l pr iii; .' ad bee l Linde"tcaker solely by the contractor of the Dcpa.rtt::ent of ::iter RYyo.:. ces Or Uh..c Bureau or ,iec1amatiG_^, md `hall be rediuccc by ti{ amount of the liabi?_ty of t-he Departmcr.4 of Fu:ilic ::ori•:s - for insur nce nrcmiu:::_ and :,air.ten:_nee. costs as provided in paragraph j hereof. Such rcimbur,cr,.cnt; z1hall be a:?rh^ttt inLC,:Ust and i- ill be, place by the of t?--r R -i. at the i:6);r^ coziotrl:!:`i ion Di Che C n •i-- -• by the DeP rtfl ilt OC 'We-teriCSOU,ccz 'U:• the l3u:`f::su of Re c"a- rt:-ion, but in no evant later t1h:-n J nu • - 00q)84 ,(y1lGi�►it�iil�� wti:t uoald order 7, The provinionz of this agreement, including dal- .�: for per' orrr.ance•, may be mods; ied or deleted by agreement c she parties and approval by the Dcpartm^nt of General Services . . NOS:), , Microfilmed with board order —� 'f�.~' .•'•••ro-:i:lir.• ttrvi:r• .. J11rIC:11l:1I1S,;t:lr hiU. .l ljr;arr•ncr.t of Grncrjl Sc_vkc• (va.li. z cur::+.c!roes DGS C,.ntrona.cl ' �y��STATs of C��IO _fi I:itiJ1'i INAL•PLAGENCY 11GML-T'lt'iE T Tlfls AG%r-r-%tEtiT iS cn:c:cd into rh:s________da} of_.___ bf:and bci.rrccn tIlc ur_dums—ncd S=rc:!bcn6cs: (Sc: iorcf�sr:vices, trate=eels,o:_gt:;pr..erTc to be ft:rni:h;d,oc c•cr;; to Sc p_rfocmed,a;d by riho:T,ti:t:e for V_rFor::anec • o:cc:np!c:ion, and provision #or pay.imc per 1220 and 8760-S760.2 SAM.) WHEREAS,. the Departz,enb- of 'dater Resources and the Division of Hi'-h+•:ays Of the Department of Public Works entered into Agreement 3t0. 45 5020 o?h J2'_1'1Z=y 18, 1952, relating t0 she exCai/a3,�.;.On Of I�;at2r3.c1 JL-.L om the canal prism of the proposed Peripheral Canal, and VIZER.EAS, it is necessary to a:�:end the amount- of yardaCP "Co be removed for ;h1ghway purposes and some of the controlling dates rela-ir_g to the Derforr.- ce o- the asreemert.• ' 1�OjJ, T1EEPL ORE., said agreement is madi-lied as follow=s: 1. In paragraph 1, line 4, the figure "T,000,000" ?s charged L.o read 17,500,COO - 2. In paragraph 2, line 2, the figure T16,500,00010 is. c'rarza to read "7,530,0001-. 3. In paragraph 3, line 2, the date "January -l-, ' .1-974" is ? odifeied to read !lnao st 15, 1975" 4. Paragraph 4 of the original agreement has been fully performed. - (Ca—absuezy etr rLrrti=S* -iree�`eay a::c:Led and made a part Eerrel) - .1��..��T'yj"'i.�'..''_�C?....::�?i�^ �.=SO.LLCoS,= "•1 .j}oC?r:�l:lcri�_..o;.F'.:7b�i r�_ iLlrs_� • Naos o:Saaae Aster o+ Di-vision Dia\ii��Ki:G \ y—t Called -�'i ter__RasC1L'.�"�.—mss above Svcs\t.as =- 1 y Short\gar 3. —D7.Z'E.�tQ�0T=i':2.��=� �.QLL''�♦:.E:S__. �•-� � 1 _...T.J.ix:e.czor._.Q,_.P.cl.��.�c_xcQ ?Ls_.��_ � 1 Title L�;.::re.e!Ctstat s•n::e•.;�ru..l 'i (e c.ru et. ;.c lal S.L♦t) (I Tc T. w�eTto�r•. F��n clutrce,l ' AS+:nst i irv► irr•. Atta,T�tr�z Q p,g, Ar.V.art Of ttis truer:um:e:r.l ren.ava.i:r a:;c:rot+ s^+: e,:++nue to 1!I,.:n.er.; Etprn.!;tu:c L.1_cr t P Adt:♦:n.cnt iu:r.v..r(ry:�:,!nn:vr I t • �t .i�:a..tsntot�tirc:aw`rr:r.•.tirar:r: ` 1 1 1 21:rr1•v Cert:fy a+ta.. a+.: 01.% rrraal :n,._fr� e tl. e � C !•..4e:c•1 tu:ada.rre s♦s.ls't•tc t,•:th:•tu:a.0?:en;r. (Atter T.U.A. '/n�)1 - Microtllmed wish board order In p:.�raFmPh 5, line 22, the date "Januar--y 1, 1976" is modified to -read "Januuz;,* 1, 1986". 6. In the line o£ paragra oh 6, the date "J ar_ua=-y 1, 1970" is modified to read'' Junuary 1, 1980". 7. In all other respects the original lgreeme'rit shah rem-in in full force and ef'f'ect without change. f X87 Microfilmed with board order ;..-;.,'!'ti�v.•?^.-1�^'•,�e�\..fir.. .►s!^"_. p_7r^-r...f�o.r7.�`-.-..•�I^t•�-.��r. ,•v�•�Ye-.��...�._. ti.' •�...�-T-�-•..���..t,-�w.•.+t^ r '• f't�':•l`�,1.•t:.•r• .t �y't �.,• .l..i• +:I'i lll: vtl�ly t s•!. ;i:f. +.,t�:�J. li'. �:lt.:.;i�Tr �.�. :}.J fi=i41 ..�,..t..��.L.)_a . t,...: ♦ - tl'he DCD.si'e:lZ`.3t1i: of :'l�:ioi P.a of rues and the U. S. i,urc_:1 0: Rcclat:ta :=icY p14t� to ecn ftrucL the Fcr'-#iial'aI. 1:i1'Za.CiZ 17 L1.1 c�JT1V:^.yi 1•:c.ter fror- t'lle sacra.-.1-:.n%,%, �'ti ar near Hood to - C? if ton Cour% F''or'c:I)cK,•y' r!eai Byron. The n!'ll.sicn of Highways ' of tha De 3:.rt;a=_nt of Public Vorzs plarx:s ,O constr"uct a portion... _ Of •Inx ter:t to Route rj M in Sacramento and San Joaquin Count-2-es, t:hich ::ill parallel a Do tion of tha Periphzral Canal_ The . San Joaquin COL:Ti�y Board o Sap 1--visors h��i� �'�gt;^.,si.eC. ttha- i:IiE. cons,- 'uetloil of these �t:O projects -be coord.L - ted to reduce 3m* ct, t rite C n T=uc o.-i local. _ _ o st_ �, o- the ;:do projects_ �ra._n_ 'ham cear: ir_^ted. in that mab's-rial excavated fro in.uhe cana:..! prism - • ear: be us d for h';rt+:ay* fill provided right-of-v-a,y ih - effected reaches cf the canal is acquirad now. _ The bcrtnowr pi:.s created by H•ig,%I ayS excavatl6n uriil _ • fi3.1 'with t:aL ,. . Should co.._,r- s..icn 1 authorivation .of tr.., Canal be dzlaye the ,..t* ent of Fish, and C:ay.�a a�.� t�"J 6.�.> Lta �ti�'G,. Lrr;a,.,� ...:.,,. Cara- r-r—s to utilize these ponds to cr =to a warri-viat r _1 isllsr.y. Tile perda ..ill have a. pct :ltial for public fish?r.,:--� or as a - var.-a at-er fish procur-nment to supulan,ent. proc:uciicn . at the r . Central Valle-- ilatcil-::ry, . agto ;men l bC;v:iecn Mh•, D3partnant o Vlat•.�''r P.-2v.CLtrc_!s and the !)_p,-.r tr::nt: or Fish and C :m: 1;5.11 b.; reou7 real later i:^. uCCGi:t:71' =.:7 thl- ends Zbov . Pending the of nuC::l c ri is�,i..:I:I�i t� f;o:._��.•"r'� �. Is CiZsir d to ' • _ • 1��.�t iLJtJ Mierofilmed With board order include in a memoranSura of u:ide•rst-anding certain major points . on :which aorcc -nt has been: rcachcd bctc.,-en the Dep=artnent of 'Fish and Ca,-.-.c and the Dellartr.-ent of Water Resources . ' 1. If it, app-aarz by joint determination of the _ - Departr.:ent.s of Fish and Gare and :-later Resources that the start of construction of the Peripheral Canal will be delayed for three years orriore, at the tir:.• the Division of Ug1ri::?Js coii!ple les its borrow operations, .the Department of Fish and Came will assure responsi- bility for the s tockir_ and mina e�nnt, of the borrow areas, unitil these areas are needed for construct-ion orf the Peripheral Canal . _ 2. The Departmant of Fish and Game will assume. -responsibility for any na- i neriance costs ai!:: liability in connection with .4zs s toc::in and fzshery i??n2 a:lwent program. The- Depart-.i ent of tlater resources will be responsible for mail hter_znce and liability .costs that would otherwise be incurred. - 3. It is understood that the Divisio of. Highways' '-trill leave the borrow areas ,in a :•cell traded condition and that the area •:ill be fenced to excludeLU ?ives .; -,will _ ' at no expense to Visli and Gar:_e . . - �1. The Department of dater Resources zji11 notify.the Depa-^timer_t of Fish and Care at' least six months - prior to lettj.ri:, 'he contract for Canal construction. Tae Department- of Fish and Game will remove any. f a cili- ties they ins tall prior to letting the contract for conal construction. - - STn•TE OF CUT170?: Jame " The Count Clerk and Board of S u p e ry i s a, Contra �, Ex Qtt cio Clark of the Board County Administration Building Costa Mrs.Geraldine Russell P.O. Box 91 i Chief Clerk Martinez,California 94553 County (415)372-2371 James P.Kenny-Richmond 1st District Nancy C.Fanden-Martinez 2nd Cist:ict Robert 1.Schroder-Lafayette 3re District ' Warren N.Boggess-Concord :thDistrict October 25, 1977 Eric H.Hasselline-Pittsburg 5th cietrict Our File: III-24 Pis. Adriana Gianturco, Director State of California Department of Transportation 1120 N Street _ Sacramento, CA 95814 Dear Ms. Gianturco: At a recent regular meeting of the Contra Costa County Board of Supervisors, the Board, as ex officio -Governing Board of our Water Agency, discussed the "borrow pits" being used in the construction of Interstate 5. They took special note of the fact that the "borrow-pits" lie within the boundaries of the right of way of the proposed Peripheral Canal. They also took note of the fact that these "borrow pits" are being constructed without prior public acceptance or authorization of the proposed Peripheral Canal. The Board closed its discussion with the adoption of a resolution authorizing letters be addressed to appropriate agencies involved in the use of these "borrow pits. " On behalf of the Board, I am requesting an explanation from your Department on the rationale and reasons for using the "borrow pits. " Specifically, we are seeking an explanation on the following major points: • What authority does your Department have for proceeding on the construction of the Peripheral Canal project under the guise of digging "borrow pits" to provide earth fill for the construction of the Interstate 5 freeway? e Recognizing that Federal or State authorization for the construction of the Peripheral Canal is still in the offing, what formal agreements have been reached between your Department and the Department of Water Resources (DWR) on the use of the "borrow pits"? ' RECEIVED .175 CrT4-1977 J. R. OLSSON CLER5 BOS OF SUPERVIrgS �k0 COSTA qac L v.. . puty 000190 Microfilmed with board order Department of Transportation -2- October 25, 1977 O What formal financial arrangements have been made between your Department and DWR in funding the "borrow pits" construction? We, in Contra Costa County, are very much concerned that your Department is a party to what is obviously the first step in constructing the Peripheral Canal. We are strongly opposed to this procedure being used by the State in the absence of any authorization and the use of public funds to construct an, as yet, unauthorized project. A prompt response to our questions would be reciated. e - tr y, ours, Warren N. Boggess, Chairman Contra Costa County Board of Supervisors WNB/hl cc: Congressman George Miller Senator John Nejedly Senator Nicholas Petris Assemblyman Thomas H. Bates Assemblyman Daniel E. Boatwright Assemblyman John T. Knox Jerome R. Waldie, Legislative Representative (via County Counsel) Arthur G. Will, County Administrator John B. Clausen, County Counsel Vernon L. Cline, Public Works Director D. L. Weiman, District Director, Department of Transportation or7l1 Microfilmed with board order IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Urging Construction of Traffic RESOLUTION NO. 77/1009 Separation Barrier on the Antioch Bridge. WHEREAS the State of California, Department of Transportation, is in the process of constructing a new Antioch Bridge on State Route 84 (signed route 160) across the San Joaquin River between Contra Costa County and Sacramento County; and WHEREAS plans and specifications for the construction of the new bridge do not provide any positive traffic separation barrier between the opposing directions of travel; and WHEREAS the State did construct the George Miller, Jr. Memorial Bridge between the Cities of Martinez and Benicia without a positive traffic barrier which resulted in multiple accidents causing loss of life, severe injury, and property damage; and WHEREAS the State has been found liable for damages by the Court because of the lack of a center dividing traffic barrier; and WHEREAS the State has, in the case of the George Miller, Jr. Memorial Bridge, subsequently constructed a "New Jersey" type positive traffic separation barrier on the existing structure at considerable taxpayer expense; NOW THEREFORE BE IT BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA RESOLVED that it finds the construction of the Antioch Bridge without a positive center traffic separator to be unacceptable and urges that the State add such a center traffic barrier to the present contract to prevent accidents resulting in death, injury or property damage to this area's citizens and future users of the new bridge; and BE IT FURTHER RESOLVED that the Clerk of this Board is directed to forward copies of this resolution to Governor Edmund. G. Brown, Jr. ; Senator John Nejedly; Senator Albert S. Rodd.a; Assemblyman Daniel Boatwright; Assemblyman Vic Fazio; Chairman Fred G, Stade, Sacramento County Board of Supervisors; Ms. Adriana Gianturco, Director, State Department of Transportation; Mr. T. R. Lammers, Director, District 4, CALTRANS; Mr. Neal Andersen, Director, District 10, CALTRANS; Chief Administrative Officer, Sacramento County; and the Director of Public Works, Sacramento County. PASSED by the Board on December 6, 1977. cc: City of Antioch City of Pittsburg Public Works Director County Administrator RESOLUTION NO. 77/1009 �) 5;i�2 In the Board of Supervisors of Contra Costa County, State of California AS EX OFFICIO THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 1 December 6 , 19 77 In the Matter of ' Establishing Membership Terms for Certain Advisory Boards. The Board on November 15, 1977 having requested its Internal Operations Committee (Supervisors E. H. Hasseltine and N. C. Fanden) to review those Board and Commissions that have not complied with the Board's policy governing appoint- ments and staggering of terms; and. The Internal Operations Committee having this day recommended that members of the Contra Costa County Flood Control and Water Conservation DistrIct Zone L Adv:Lsory oard serve four-year terms expiring December 31 as follows: Tera Member Expires Mr. Arthur Christenson December . 31, 1978 Mr, Enrico Cinquini December 31, 1979 Mr. Ralph Emerson December 31, 197.7 Mr, Leonard Gerry December 31, 1980 Ms, Dorothy Leighton December 31, 1980 IT IS BY THL BOARD ORD1 ED that the recommendation of the Internal Operations Committee is APPROVED. PASSED by the Board on December 6, 1977. 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: Advisory Board Supervisors Public Works affixed this 6th day of December 1977 Flood Control County Administrator Public Information Pk OLSSON, Clerk Officer Deputy Clerk Ronda Amdahl H-24 4/77 15m In the Board of Supervisors of Contra Costa County, State of California AS EX OFFICIO THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 2 December 6 , 19 77 In the Mattes of Establishing Membership Terms for Certain Advisory Boards. The Board on November 15, 1977 having requested its •Internal Operations Committee (Supervisors E. H. Hasseltine and N. C. Fanden) to review those Board and Commissions that have not complied with the Board's policy governing appoint- ments and staggering of terms; and The Internal Operations Committee having this day recommended that members of the Contra Costa County E1 tod. Control and Water Conservation District Zong 2 Advisoryy Board serve four-year terms expiring December 31 as follows: Term Member Expires Mr. Alba Houston December 31, 1980 Mr. Richard Lewis December 31, 1978 Mr, R. Mygrant December 31, 1977 Mr. - Fabin Richart December 31, 1979 Mr. Louis Souza, Jr. December 31, 1980 IT IS BY THE BOARD ORDERED that the recommendation of the Internal Operations Committee is APPROVED. PASSED by the Board on December 6, 1977, 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 Seat of the Board of cc: Advisory Board Supervisors Public Works affixed this 6th day of December 1977 Flood Control County Administrator Public Information n (-)J. R. OLSSON Clerk Officer By �� -,� o Deputy Clerk P,onda Amdahl H-24 4/77 15m (l C7" f 1 ► t_r�J In the Board of Supervisors of Contra Costa County, State of California AS EX OFFICIO THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 3B December 6 , 19 77 In the Matter of Establishing Membership Terms for Certain Advisory Boards. The Board on November 15, 1977 having requested its -Internal Operations Committee (Supervisors E. H. Hasgeltine and N. C. Fanden) to review those Board and Commissions that have not complied with the Board's policy governing appoint- ments and staggering of terms; and The Internal Operations Committee having this day _recommended that members of the Contra Costa County Flood Control and Water Conservation District Zone 3B Advisory d serve —four ear terms expiring December 31 as follows: Term Member Expires Mr. Jerome Cramer December 3.1., 1979 Ms. Rachel Carlson December 31, 1981 Ms. Patricia Dodsworth December 31, 1980 Mr. Robert Guy December 31, 1978 Ms; Helen Verzani December 31, 1981 IT IS Br THE BOARD ORDS,_ - that the recommendation of the Internal Operations Committee is APPROVED. PASSED by the Board on December 6, 1977. . 1 hereby certify that the foregoing is a true and correct copy of or. 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: Advisory Board Supervisors Public Works affixed this 6th day of December 7977 Flood Control County Administrator Public Information i R. OLSSON, Clerk Officer ey C ` Deputy Clerk Ronda Amdahl H-24417715m In the Board of Supervisors of Contra Costa County, State of California AS EX OFFICIO THE GOVERNING BODY OF THE CONTRA ,COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 5 December 6 , 19 77 In the Matter of Establishing Membership Terms for Certain Advisory Boards. 3 The Board on November 15, 1977 having requested its Internal Operations Committee (Supervisors E. H. Hasseltine and N. C. Fanden) to review those Board and Commissions that have not complied with the Board's policy governing appoint— ments and staggering of terms; and The Internal Operations Committee having this day recommended that members of the Contra Costa County Flood Control and Water Conservation District Zone 5 Advisory Board serve M•70-year terms expiring December 31 as follows: Term Member Expires Mr. David Levy December. 31, 1978 Mr. John Costanza December 31, 1978 Mr. Daniel Pellegrini December 31, 1979 Mr. -Kenneth Swasey December 31, 1979 Mr. Ray Taylor December 31, 1978 IT IS BY THy BOARD ORDMED that the recommendation of the Internal Operations Committee is APPROVED. PASSED by the Board on December 6, 1977. 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. Witness my hand and the Sea( of the Board of cc: Advisory Board Supervisors Public Works affixed this 6th day of December 1977 Flood Control County Administrator Public Information J. R. OLSSON, Clerk Officer ByCDeputy Clerk Ronda Amdahl H-24 4/77 15m 9 9 j In the Board of Supervisors of Contra Costa County, State of California AS EX OFFICIO THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 7 December 6 , l9 77 In the Ma!!er of Establishing Membership Terms for Certain Advisory Boards. The Board on November 15, 1977 having requested its Internal Operations Committee (Supervisors E. H. Hasseltine and N. C. Fanden) to review those Board and Commissions that have not complied with the Board's policy governing appoint- ments and staggering of terms; and The Internal Operations Committee having this day recommended that members of the Contra Costa County Flood Control and Water Conservation District zone visor oar serve our-year terms expiring December 31 as follows: Term Member Expires Mr. Fredrick Cole December 31•, 1979 Mr. Caesar Aquillino December 31 ,* 1978 Mr. Joseph Gomes December 31, 1981 Mr. Mike Vukelich, Sr. December 31, 1980 Mr. Boaston Woodson December 31, 1981 IT IS BY TEE BOARD ORDM"D that the recommendation of the Internal Operations Committee is APPROVED. PASSED by the Board on December 6, 1977. 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: Advisory Board Supervisors Public Works affixed this 61,-hday of December 1977 Flood Control County Administrator Public Information J. R. OLSSON, Clerk Officer By Deputy Cleric Ronda Amdahl H-24 4/77 15m In the Board of Supervisors of Contra Costa County, State of California AS EX OFFICIO THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 8 December 6 19 77 In the Matter of Establishing Membership Terms for Certain Advisory Boards. The Board on November 15, 1977 having requested its -Internal Operations Committee (Supervisors E. H. Hasseltine and N. C. Fanden) to review those Board and Commissions that have not complied with the Board's policy governing appoint- ments and staggering of terms; and The Internal Operations Committee having this day recommended that members of the Contra Costa Countv Flood Control and Water Conservation District Zone 8 Advisory Board serve four-year terms expiring December 31 as follows: Term Member Expires Mr. Linus Claeys December .31, 1978 Mr. Vernon Fereira December 31, 1981 Mr. Del Kramer December 31, 1980 Mr. -Vincent Ruggeri December 31, 1979 MY- Bates Shedd December 31, 1981 IT IS BY TEM., BOARD ORDERED that the recommendation' of the Internal Operations Committee is APPROVED. PASSED by the Board on December 6, 1977. 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 cc: Advisory Board Supervisors Public Works affixed this 6thday of December 1977 Flood Control County Administrator Public InformationJ. OLSSON, Clerk Officer (-) Q Sy B C n- Deputy Clerk Ronda Amdahl H-24 4177 15m In the Board of Supervisors of Contra Costa County, State of California AS EY OFFICIO THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 9 December 6 , 19 77 In the Matter of Establishing Membership Terms for Certain Advisory Boards. The Board on November 15, 1977 having requested its -Internal Operations Committee (Supervisors E. H. Hasseltine and N. C. Fanden) to review those Board and Commissions that have not complied with the Board's policy governing appoint- ments and staggering of terns; and The Internal Operations Committee having this day recommended that members of the Contra Costa County Flood Control and Water Conservation Dis rict zone 9 Advisor-y—To-a—ra serve our-year terms expiring December 31 as follows: Term Member Expires Mr. Donald Browning December 31, 1981 Mr. Augustine DeSilva December 31, 1977 Mr. William Faria December 31, 1978 Mr. Chester Pike December 31, 1981 Vacant December 31, 1979 IT IS BY THy BOARD ORDM yED that the recommendation of the Internal Operations Committee is APPROVE. PASSED by the Board on December 6, 1977. 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: Advisory Board Supervisors Public Works affixed this 6th day of December 1977 Flood Control County Administrator Public Information �J. R. OLSSON, Clerk Officer By ,rr1 r Deputy Clerk onda Amdahl Off) H-24 4/77 15m 1- 1 In the Board 'or Supervisors of Contra Costa County, State of California AS EX OFFICIO THE GOVERNING BODY OF THE CONTRA COSTA COUNTY STORM DRAINAGE DISTRICT ZONE 10 December 6 , 19 77 In the Matter of Establishing Membership Terms for Certain Advisory Boards. The Board on November 15, 1977 having requested its -Internal Operations Committee (Supervisors E. H. Hasseltine and N. C. Fanden) to review those Board and Commissions that have not complied with the Board's policy governing appoint- ments and staggering of terms; and The Internal Operations Committee having this day recommended that members of the Contra Costa County Storm Drainage District Zone 10 Advisory Board serve our-year terms expiring December 31 as follows: Term Member Expires Mr. William Watson December. 3.1, 1978 Ms . Freddy Cherrick December 31, 1980 . Mr. Thaddeus J. Cline December 31, 1979 Ms . .Pat T. Hibdon December 31, 1977 Mr_ Manfred Lindner December 31, 1980 IT IS BY T112, BOARD ORDMED that the recommendation Of the Internal Operations Committee is APPROVE. PASSED by the Board on December 6, 1977. 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: Advisory Board Supervisors Public Works affixed this 6th day of December 1977 Flood Control County Administrator Public Information J. R. OLSSON, Clerk Officer B_ < Deputy Clerk onda Amdahl H-24 4/77 15m 006010 v0 In the Board of Supervisors of Contra Costa County, State of California AS EX OFFICIO THE GOVERNING BODY OF THE CONTRA COSTA COUNTY STORM DRAINAGE DISTRICT ZONE 13 December 6 , 19 77 In the Matter of Establishing Membership Terms for Certain Advisory Boards. The Board on November 15, 1977 having requested its Internal Operations Committee (Supervisors E. H. Hasseltine and N. C. Fanden) to review those Board and Commissions that have not complied with the Board's policy governing appoint— ments and staggering of terms; and The Internal Operations Committee having this day recommended that members of the Contra Costa Countv Storm Drainage District Zone 13 Advisory Boar serve our-year terms expiring December 31 as follows: Term Member Expires Mr. Paul Freeman December .31., 1980 Mr. N. R. Cushman December 31, 1981 Mr. Warren Garrison December 31, 1978 Mr. George Kimball December 31, 1981 Mr_ Ron Nelson December 31, 1979 IT IS BY TEC- BOARD ORDS IET that the recommendation_ of the Internal Operations Committee is APP.ROVM). PASSED by the Board on December 6, 1977. 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: Advisory Board Supervisors Public Works affixed this 6th day of December 1977 Flood Control County Administrator Public Information �J. �. LSSON, Clerk Officer B*Rond- a n Deputy Clerk Amdahl H-24 4/77 15m 3 + 1 t In the Board of Supervisors of Contra Costa County, State of California AS EX OFFICIO THE GOVERNING BODY OF THE CONTRA COSTA COUNTY STORM DRAINAGE DISTRICT ZONE 16 December 6 , 19 77 In the Matter of Establishing Membership Terms for Certain Advisory Boards. The Board on November 15, 1977 having requested its Internal Operations Committee (Supervisors E. H. Hasseltine and N. C. Fanden) to review those Board and Commissions that have not complied with the Board's policy governing appoint- ments and staggering of terms; and The Internal Operations Committee having this day recommended that members of the Contra Costa Countv Storm Drainage District Zone 16 Advisory oar serve our-year terms expiring December 31 as follows: Term Member Expires Mr. Jack Corder December. 3.1, 1978 Mr. H. La Mont Fluckiger December 31, 1981 Mr. Namon Little December 31, 1980 Mr. .Virgil Moore December 31, 1979 Mr. Fredrick R. Silvey December 31, 1981 IT IS BY T)IL BOARD ORDy EED that the recommendation, of the Internal Operations Committee is APPROVED. PASSED by the Board on December 6, 1977. 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: Advisory Board Supervisors Public Worksaffixed this 6th day of December . 1977 Flood Control County Administrator Public Information R. OLSSON, Clerk OfficerY C�l� Deputy Clerk Ronda Amdahl 0 )602 H-24 4/77 15m C C In the Board of Supervisors of Contra Costa County, State of California December 6 19 77 In the Maher of Establishing Membership Terms for Certain Advisory Boards. The Board on November 15, 1977 having requested its -Internal Operations Committee (Supervisors E. H. Hasseltine and N. C. Fanden) to review those Board and Commissions that have not complied with the Board's policy governing appoint— ments and staggering of terms; and The Internal Operations Committee having this day recommended that members of the Contra Costa County Service Area D-2 Citizens_ Advisory Committee serve .Enree7year terms expiring December 31 as follows: Term Member Expires _ Mr. Arthur W. Mulborn December 31, 1978 Mr. Joe Ambrulevich December 31, 1980 Mr. Henry T. Mayo December 31, 1980 Mr. William L. Pope December 31, 1979 Ms, Barbara Walden December 31, 1979 Mr. George Watts December 31, 1978 IT IS BY TBr BOARD ORD-Eq- ED that the recommendation of the Internal Operations Committee is APPROVED. PASSED by the Board on December 6; 1977. 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: Advisory- Board Supervisors Public Works affixed this 6th day of December 1977 Flood Control County Administrator Public Information d. R. OLSSON, Clerk Officer By R. Deputy Clerk Ronda Amdahl H-24 4/77 15m 00603 In the Board of Supervisors of Contra Costa County, State of California T1Praml,cr • 19 In the Matter of Reestablishing Terms for the Citizens Advisory Committee for County Service Area D-3. The Board on August 23, 1977 having established staggered terms for the members of the Citizens Advisory Committee for County Service Area D-3; and The Public Works Director having requested the Internal Operations Committee (Supervisors E. H. Hasseltine and N. C. Fanden) to reconsider the terms previously designated by the Board for the members of said Committee; and The Internal Operations Committee having this day reported and recommended that the terms of the Committee be reestablished allowing members to serve four-year terms ending December 31 as follows : Term Member Expires Mr. Frank S.. Arata December 31, 1977 Mr. Allen B. Cooksey December 31, 1978 Mr. Gary Eames December 31, 1980 Mr. Iver Kipp December 31, 1977 Mr. William A. Reed December 31, 1978 IT IS BY THE BOARD ORDERED that the recommendation of the Internal Operations Committee is APPROVED. PASSED by the Board on December 6, 1977 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 Service Area D-3 Supervisors Public Works Director affixed this 6th day of December , 19 77 County Administrator Public Information Officer -� R. OLSSON, Clerk By �R —^ Deputy Clerk Ronda Amdahl H-24 4/77 15m In the Board • of Supervisors of Contra Costa County, State of California December 6 , 19 ?7 In the Matter of ` Establishing Membership Terms for Certain Advisory Boards. The Board on november 15, 1977 having requested its Internal Operations Committee (Supervisors E. H. Hasseltine and N. C. Fanden) to review those Board and Commissions that have not complied with the Board's policy governing appoint— ments and staggering of terms; and The Internal Operations Committee having this day recommended that members of the Contra Costa County Service Area D-12 Citizens Advisory Committee serve our- year terms expiring December 31 as follows: Term Member Expires Mr. Harry L. Jennings December 31., 1980 Mr. Arthur H. Mirassou December 31•, 1979 Mr. Robert R. Ayers December 31 , 1980 Mr. Charles Philippart December 31, 1978 IT IS BY TFC, BOARD ORD-',,--,C-D that the recommendation of the Internal Operations Committee is APPROVED. PASSED by the Board on December 6, 1977. 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: Advisory Board Supervisors Public Works affixed this 6th day of December 1977 Flood Control County Administrator Public Information J R. OLSSON, Clerk Officer By L--1' Deputy Clerk Ronda Amdahl H-24 4/77 15m 1 6 I r cCIC . Hasseltine \. 45 Civic Avenue Pittsburg,California 94565 Supervisor, District Five ► (415)439.4138 Contra Costa County ' —" " " = x;fs;'���- 120 South Hartz Avenue Board of SupervisorsDanville,California 94526 (415) 820-3742 December 6, 1977 REPORT OF INTERNAL OPERATIONS COMMITTEE ON THE MATTER OF APPOINTMENTS TO VARIOUS BOARD AND COMMISSIONS The Internal Operations Committee recommends to the Board of Supervisors that terms be established for county service areas and special districts per attached list. RE C 11VED DEC ( 1977 J. R. OLSSON CLE O 3R OF SUPERVISORS B COST Eric H. Hasseltine Nancy C. anden Supervisor, District V Supervisor, District II Microfilmed with board ordar 006(16 pUBUC W V-SRePARTUENT CONTRA COSTA COUNTY Datc: November 15, 1977 To. Internal Operations Committee c/o Clerk of the Board of -Supervisors From: Vernon L. Cline, Public Works Director ' Subject. Board of Supervisors Resolution 77/273 Section 1_, paragraph 3, of -the above noted resolution states "Unless otherwise specified, appointees shall serve two year terms." in the past r.-onth, meetings have been held with the advisory boards for all ' concerned flood control zones, storm dralnaga district zonas, and county service areas (dra` mase). In all but two Instances, these boards chose to have their members serve four year terms. A summary of the proposed terms is as follows: Advisory Boards Term of Offica/1(ears Flood Control Zone 1 4 2 4 38 4 5 2 7 4 8 4 9 4 Storm Drainage District Zone 10 4 13 4 16 4 County Service Area D-2 *' 3 D-3 4 D-12 4 * This board has 6 members; two terms expire each year. There are three major points supporting the longer terms: ' 1) The advisory boards, with the exception of Zone 3B, average only one or two meetings a year. it is conceivable with two year terms that a board member could attend only two meetings during his term. 2) The function of these advisory boards is to provide input to the Board of Supervisors on the implementation of a long range drainage improvement prggram. Two year terms will- hamper the advisory boards i.n developing -continuity and a feel for the entire program. All projects from Inception to Implementation cover a span of more than two years. C11 01'i 3) The use of four year terms in lieu or two year terms will redur-e--turn-over on the advisory boards and save staff considerable time. Each new board member requires staff time for orientation. Microritmed with board order YLC/NSI:bb In the Board of Supervisors of Contra Costa County, State of California December 6 19 77 In the Matter of Consent to Sublease for Car Rental Operations for the Sheraton Inn- Airport Motel, Buchanan Field Airport W.O. 5235-658 On January 26, 1976 the Board of Supervisors approved the Modification of Lease Agreement for the Sheraton Inn-Airport Motel on Buchanan Fieldand on June 28, 1977 the Board of Supervisors approved an assignment of said Modifi- cation of Lease Agreement to Theodore H. Kruttschnitt, III and Catherine M. Kruttschnitt, his wife: The assigned lessees have tendered to the Board a Sublease Agreement, dated November 3, 1977, between themselves, as sublessor, and Anderson Leasing as Sublessee, for Lessors' (County) consent to conduct a car rental operation on the premises of the Sheraton Inn-Airport Motel ; . The County, in accordance with said lease and sublease, is to receive 5% of the monthly gross revenue from said car rental operations as provided in Section 6.E of said Modification Lease Agreement; Sublessee is licensed to use National Car Rental System in renting passenger automobiles. On recommendation of the Public Works Director, the Board HEREBY CONSENTS to said sublease subject to the terms and conditions contained in said Modifi- cation Lease Agreement. PASSED by the Board on December 6, 1977. 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. Originator: Public Works Department, Witness my hand and the Seal of the Board of Real Property Division Supervisors cc: County Auditor with Sublease) affixed this 6th day of December ig 77 County Assessor (with Sublease) Airport Manager (with Sublease) I R. OLSSON, Clerk County Administrator (with Sublease) By ....... Deputy. Clerk Lessee (c/o Real Property) N. Po us H -24 3/76 15m 00611 SUBLEASE AGREEMENT 1 THIS SUBLEASE, made and entered into this � ��� day of 2 November, 197i by and between Theodore H. Kruttschnitt III and 3 Catherine M. Kruttschnitt (Sublessor") , dba Sheraton Inn and 411Ccrcc=d Inn, whuse address is P.O. Box 5820, San Mateo, CA. 94402, 1 6 and Anderson Leasing, ("Sublessee") , who has been granted the 6 licent•e to use National Car Rental System in renting passenger 7 automobile:- and whose address is 2100 N. Main Street, Walnut Creek $ ICA. V WITNESSETH 10 1. USE: Sublessor hereby leases to Sublessee and Sublessee 11 hereby hires from Sublessor, for the sole purpose of conducting 12 therein a car rental operation and for no other purpose, the cer- 13ltain premises described hereinafter. 14I 2 . PREMISES: The premises leased to Sublessee (hereinafter 15 referred to as the "demised premises") shall consist of a desk and 16 sufficient space in the lobby area of the Sheraton Inn-Airport 17 Hotel located at 45 John Glenn Drive, Concord, CA as well as a cer 18 tain designated area of the parking lot to be used for National Ca 19 Rental customers and for storage of the renr_al *fleet cars. The 20 1particul_ar lobby area and the exact location of the parking stalls 21 co'MP rising the demised premises shall be tentatively selected by 22 Sublessee but the hotel General Manager shall have the right of 23 final approval. Sublessor agrees to provide 12 parking stalls and 24 Imay, at its option, upon the request of Sublessee, provide addi- 25 Itional parking stalls. If Sublessor requires special decor in- the 26 form of a counter or otherwise, in the demised premises , then it 27 will be installed at Sublessor' s expense. 283. TERM: The term of the Sublease shall commence as of the ?91�date it is approved by the County of Contra Costa in accordance 30 11 ith Paragraph 15 . below, and shall extend for a period of at 31 least 12 calendar months plus the partial month, if any, so that r 32 expiration occurs on the last day of a month. Thereafter, this Sublease shall be cancellable by either party upon sixt days prio .--; written notice to Mkrofilmed with oar order -2- 1 the other party of its election to terminate. 2 4. RENTAL: Rent shall be payable by not later than the fifth 3 Iday of the month following the month for which rent is due. The 4 IiPaYLfi,_rit of rent shall be arromn-rie-Iby a ropert c.' sales in a foriT acceptable. '-o Sublessor whicn shall be certified tc .be true and ti 6 ,correct by an officer of Sublessee. Rent during the entire term. 71of this lease shall be computed as being equal to 5. 15% of the S 6nthly grosL revenue derived from the renting and leasing of auto- --n and from rhe demised E,prernizez . it ii and Ikobiles 10 agreed that said monthly gross revenue for this purpose shall mean the time and mileage charges billed by Sublessee for rental of 12 ;;;; utomobiles and shall not include any taxes separately stated and 13 ollected from customers , nor sums received as insurance. damages 14 Dr property losses. 15 5. COMPLIANCE WITH LAWS: Sublessee shall, at its sole cost" and 16 �xpense , comply with all the requirements of all municipal, state, 17 and federal authorities now in force or which may hereafter be in 18 force pertaining to the use of said demised premises and to the 19 operation of Sublessee' s business, and shall faithfully observe in 20 said use and said operation all municipal ordinances and state and 21 federal statutes now in force or which shall hereinafter be in 22 force. The judgment of any court of competent jurisdiction, or the 23 admission of Sublessee in any action or preceding against Sublessee , 24 whether Sublessor be a party thereto or not, that Sublessee has 25 violated any such order or statute in said use or operation, shall 26 be conclusive of that fact as between Sublessee and Sublessor. 27 6 . HOURS OF OPEPkTION: Sublessee agrees that it will staff the 28 demised premises and will remain open for business on a 48 hour pex 99 week schedule. Additional hours will be added to this minimum sch 30 Iledule by Sublessee as business warrants to meet customer needs and 31 fulfill the car rental needs of the hotel operation. All agents 32 lof Sublessee will , at all times, maintain an acceptable appearance. 006,10 -3- 1 7 . ADVERTISING: Sublessee shall be allowed, at its own cost, 2 to maintain a direct phone line berwPen the Sheraton Inn and the 3 Concord Inn with appropriate signing at the Concord ?nn to advise i 4 guests of the use a:.d ex`LS ..C1la.0 %i said telephone line. Sublessee 5 may also >stilize its own telephone line and yellow page advertise- 6 Iment at its own cost . Furthermore, Sublessee may, with the prior 7 approval of Sublessor, erect reasonable advertising signs and dis- 8 I tribute other reasonable advert-i.si.r.g r.^i.,saing the place 9 ment of tent cards in rooms and the erecting of Lighted logo signs 10 outside of the building. Said lighted logo signs shall be install 11 ed in conformance with county sign regulations and only upon the 12 prior approval of Sublessor as to the design of the signs . 13 8. ASSIGNMENT: Sublessee shall not assign this Sublease, per- 14 mit any other person to operate the concession herein granted, or 15 sublease any part of the demised premises without the prior 16 written consent of Sublessor, which consent shall not be unreason- 17 ably withheld. A sale or other transfer of a cumulative amount. 18 equal to fifty percent (50%) or more of Sublessee ' s outstanding 19 shares of stock without Sublessor' s written consent shall be deems 20 as an assignment of this Sublease in violation of this paragraph. 21 , 9 . NO BUSINESS RELATIONSHIP: It is agreed that there is no 22 business relationship between Sublessee and Sublessor other than a 23 landlord/tenant relationship. Further, Sublessee agrees to prompt- 24 ly provide Sublessor with a copy of a duly filed fictitious name 25 Icertificate for the business to be conducted in the demised pre- 26 mises , which certificate will have been filed with the appropriate 27 officials of the County of Contra Costa, State of California. 281Sublessee agrees not to purchase goods , make contracts , or other- 29 wise deal in the name of the hotel, or in the name of Sublessor. 30 10. GENERAL INDEMNITY: Sublessee shall indemnify Sublessor an 31 hold it harmless from and against all risk of loss , including but 32 not limited to any judgments, costs and attorney' s fees , arising i! t ! -4- I 1rut 4-11!out cif Suhlessee 's use of the demised premises or operation of a 2 ;jrent-a-car business or which results from any act of commission or 3 I'lomission of Sublessee or the agents or servants of, or persons in ?pri.vity wiLh, Sublessee . d 11 . INSURANCE: Sublessee further agrees , for the purpose of r ` 6lconduc: ing a rent-a-car operation on the demised premises, to Fro- 7 ?wide Publi_ Liability Insurance with bodily injury limits of not Cess L1,an Ore Hundred Thoucand D311ars ($130, 000.00) per person, c, b ree Hundred Thousand Dollars ($300. 000 .00) Her occurrence. and 16 lProperty Damage Insurance with limits of not less than Twentv Five 11 �� housand Dollars ($25, 000.00) per occurrence , and shall name 1.2 !lSublessor as an Additional Insured as well as other Named Insured's 131specified by Sublessor, under said insurance policy. Sublessee 14 shall furnish to Sublessor a Certificate of Insurance indicating 1 151 coverage as described above, and that said policy will not he can- 16 �• elled unless ten (10) days prior written notice of the proposed I 1711ancellation has been given to Sublessor. 1R I It is understood and agreed thar Sublessor. is not pro- 111llinrliidinp ,iding insurance for Sublessee ' s personal property and equipment, 2n . rental cars, located in the demised premises or otherwise li 21Ibn _the Hotel property . Said property and equipment- is at Sub- 9" "lessee' s sole risk and any insurance for same shall be at the cost 23 k�f Sublessee . 24 Further, Sublessee shall provide full insurance to Sub- 25 J;lessor ub- 25Jlessor with respect ro the complimentary vehicle described in para- i 26 ;Igraph 12 hereof. Said insurance shall he in amounts and include 27 typCs of coverage acceptable to Sublessor and shall. specify Named .,)-4 ,Insured' s satisfactory to Sublessor. i 2;� ! L2 . HOTEL VEHICLE:: Sublessee shall provide to Sublessor a :V) ;L-Urrent model year automobile agreeable to both parties . This veh- i :31 aide will be fully insured by Sublessee in accordance with provi- 32 ! ,ions of paragraph 11 hereof. This vehicle will be used only by 1 I. 00) 12 t -5- 1 the General Manager of the Sheraton Inn-Airport. Maintenance and ? I service for this vehicle shall be provided as needed by Sublessee �( however, Sublessor shall b2 =_^.cponc_bl c 'Lcr t is purchase of its 4 I� OWR vASnlinP llc�C� ?Tl t�'A nrn.-';ri_*+ of ^.aids vchicle. 5 13. PERSONAL PROPERTY TAXES: Sublessee shall be responsible 61 for andshall pay prior to their delinquency, all taxes assessed 7J upon its personal property located upon or used in the operation $ f of the business conducted at the demised premises . 9 j 14. DEFAULTS AND REMEDIES: Sublessee shall be considered in 10 I default hereunder in the event that (a) Sublessee fails to pay 11 any payment of rent when due , (b) Sublessee fails to perform any 12 + of the terms , conditions, and covenants of this Sublease.excludin 13t the payment of rental, and such failure continues for a period of 14 twenty (20) days after written notice from Sublessor to Sublessee 15 of said failure, (c) Sublessee abandons the demised premises , 16 (d) Sublessee 's assets are placed in the hands of a receiver or I 17 trustee , (e) Sublessee is adjudicated a bankrupt or enters into 1F i any precedings under the Bankruptcy Act, or (f) an execution or 19 i attachment is issued against Sublessee or any of Sublessee' s property 1 20j which is not dismissed or discharged within 45 days after the 21 issuance thereof. 221+ In any of the events of default set forth above, Sub- 23 !1 lessor may, without terminating this Sublease, enforce all of its 2-1 rights and remedies under this Sublease including the right to 25 ( recover rent and other charges as they become due and Sublessor may elect to re-let the demised premises for the account of and 27 �I in the name of the Sublessee and, in such event , Sublessee shall 28 j be responsible to pay the reasonable cost and expense of such re- 29 ;�' letting plus the deficiency, if any, between the monthly rent pay cl 30 able b,,• the new Sublessee and that set forth herein_ Instead of K the above , Sublessor shall have the additional right to declare 32 �+ all sums hereunder immediately due and payable and to terminate �i ii ti -6- 1 this Sublease as of the date of any said default . In such event, i, 2 11 SUblessee shall be responsible for the payment in full of all i� .3 1; —ors due at the tiro? of s4id tez-min atiklit plus all 1Euture rents u f if dup he-eur_!Aer less the F- �'_:._ Of Lhc future fair market 6 rental value of the demisqd premises as determined by a re-lett- 6i` ing to be accomplished by Sublessor or by a court of competent 7i; jurisdiction-, plus any reasonable amounts expended by Sublessor r 4 ;( for cleaning, redecorating, repaintin--, and reasonable renairs nec- q 9j1 essary to prepare the demised premises for re-letting, plus cus- 101! tomary brokerage costs and reasonable legal expenses incurred in �I 111 connection with such re-letting. (I 12 !1 15 . APPROVAL OF LESSOR: Sublessee acknowledges that it is r — 13 ;± aware that Sublessor is the Lessee under a ground lease with the 14 County of Contra Costa as Lessor pertaining to the Sheraton Inn- 15 Airport . Furthermore, that said ground lease requires the prior �I 16111 written consent and approval of Lessor with respect to any Sub- 17 11 ub- 171! lease at the Sheraton Inn-Airport . Therefore, this Sublease is R' 1s !! entered into by and between the parties hereto as of this date c 19 9;' subject to the final approval by the County of Contra Costa as 901! Lessor and may be cancelled by Sublessor in the event it deter- 21l; mines that such approval cannot be reasonably obtained. �I 22 16. ENTIRE AGREEMENT: This Sublease contains the entire 23 agreement between the parties . No promise, representation, 24 .warranty , or covenant not: included in this Sublease has been or is . i1 2b ; relied on by either party. Each party has relied on its own ex- -6 4 amination of this Sublease, the counsel of its own advisors , and 9711 the warranties , representations , and covenants in the Sublease 2S' {� itself. 2 9 17. ATTORNEY' S FEES: In case suit be brought by either Sub- ,. -------- .3i► ic:ssor or Sublessee for the breach of any covenant herein con- .3111 tained, the prevailing party shall be entitled to be reimbursed 32� 1 for reasonable attorney ' s fees and court costs incurred in ��8�14 -7- 1 connection therewith. 2 18 . NOTICE: Any notice or communication from either party to 3the other pursuant to this Sublease shall be deemed effectively I 4Mdelivered as of the day of its deposit in the United States mail, blpostage pre-paid, return receipt requested, directed to the party 6l, for whom intended at the address first above mentioned for such 7 tarty or to such other address as said party shall from time to S ; time designate by notice in accordance herewith. 9 10 �! 11IIN WITNESS WHEREOF, the parties hereto. have executed this. Sublease i� 1? s or the day and year first above written. 13 +' 14 �I SUBLESSOR: 15 16eo or H. Kru s h tt III C Brine f . Kridttschnitt 18 19 I SUBLESSEE: 20I 21 Anderson Leasing ( Nati 1 Car Rental Licensee) 99 I' by 23 Its President 2.1 !� 25 �! �i i 19. PRIORITY OF MASTER LEASE: Notwithstanding any of the 27 provisions of this Sublease, the Sublessor and Sublessee agree P11 C�( 28ythat all activities occurring hereunder shall be subject to the �c 29 +provisions of Sections 6. C. (4) , 12 .B. , and 16.A. of Sublessors 301I irport Motel Master Lease with Contra Costa County dated January 31 z6, 1976. 32 In the Board of Supervisors of Contra Costa County, State of California December 6 , 19 77 9n the Matter of - Proposed Alhambra Creek Flood Control Study. A November 21, 1977 letter having been received from- Mr. Leland M. Walton, City Manager, on behalf of Martinez City Council, advising that the City Council had again addressed itself to the critical need for flood control planning within the Alhambra Creek watershed; and Mr. Walton having further advised that the City Council had expressed its continuing concern that large areas of Martinez are presently subject to periodic inundations which will become increasingly severe unless corrective action is taken, and reaffirmed its support for the proposed engineering and design study of Alhambra Creek by the U.S. Army Corps of Engineers; and Mr. Walton having advised that in light of new information and design criteria set forth in the "Public Works for Water and Power Development Appropriations Bill of 1978" the Martinez City Council requests that the Board of Supervisors reconsider its position on the aforesaid matter. IT IS BY THE BOARD ORDERED that the aforesaid request is REFERRED to the Public Works Director (Flood Control Division) for report. PASSED by the Board on December 6, 1977, 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 Flood Control Division. Supervisors County Counsel affixed this 6th day of December 1g 77 County Administrator J. R. OLSSON, Clerk BY U e'�Y u z 1// i t , DClerk Robbie G did errez V H-24 4/77 15m t In the Board of Supervisors of Contra Costa County, State of California December 6 , 19 77 In the Matter of Contract #29-209-3 with the State Department of Health To Provide Funding for the County's Community Demonstration Rat Control Program in Richmond for FY 1977-78 IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute Contract X629-209-3 with State Department of Health (State Number 77-59018) to provide $98,508 in State funding for the operation of the Community Demonstration Rat Control Program conducted by the County Health Department in Richmond from July 1, 1977, through June 30, 1978 and under terms and conditions as more particularly set forth in said contract. PASSED BY THE BOARD on December 6, 1977. 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 6th day of December 1977 County Auditor/Controller County Health Officer State Dept. of Health / I R. OLSSON, Clerk ByDeputy Clerk Maxine M. Neu eld SD,sh H-24 4/77 15m � '` r� APPROILD BY THE ElCONTRACTOR �T.'>\��l11\L AGREEMENT ATTORNEY GENERAL ❑ STATE AGENCY S"A i E OF.CALI!'O RNI A STD. (HE V. II/75) ❑ DEPT. OF GEN. SER. r • ❑ CONTROLLER THIS AGREEMENT, made and entered into this 15th day of June 19 77 ❑ in the State of California, by and behveen State of California, through its duly elected or appointed, ❑ qualified and acting ❑ TI L[ OF OFFIC qCT NC: FOR STATE AGENCY NUMBER Finan Financial cManag De artment of Health 77-59018 Fin�.ncial 1`fana�ement Branch p herecfter called the State, and 29 - 209 - 3 _ Contra Costa County for its Health Department hereafter called the Contractor. ' WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows: fSet forth service to he rendered by Contractor,amount to be paid Contractor,time for perfonnonce or completion,and attach pluns and specifications,if any.) The Contractor shall carry out the following terms of the contract: 1. The conduct of the Community Demonstration Rat Control Program in Richmond shall conform to the objectives of the program as set forth in the program proposal. The attached Ex- hibit "A" entitled Proposal and consisting of 4 pages is made a part hereof by this reference. 2. The attached Exhibit "A" (F) entitled "Additional Provisions' and consis io-� pag 5" is made a part hereof by this reference. 3. The attached Exhibit B entitled Budget and consisting ofa es'i "map-arr/4tereo by this reference. ( L 4. The preparation of quarterly status reports shall conform tome-ge' the Depart- ment of Health, Education and Welfare, U.S. Public Health Service. A copy of these gui e- lines, consisting of 6 pages, entitled Exhibit "C" is made a part hereof by this reference. (Contin?-�d on Page 2) JOHN B. CLAUSEN, otnty Ccr The provisions on the reverse side hereof constitute a part of arts agreement. \ IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above writtcgtLouh�t��1� STATE OF CALIFORNIA 1 CONTRACTOR AGENCY CONTR TORi1 f OiN E, M N AN INDIVIDUAL. TATE wH ETN ER A CORPORATION Department of Health C�0 T aM1� O ) f/or its.���qth Department BY I A U T H O ill Z t,C� - fi 1 B V -(A u F R I' -5` U rf /`���.r,/ h`l. BOC C nM TITLE - >• ,1TLE 7 Chairman Board of Supervisors � (1 7 ADDRESS 651 Pine Street !CONTINUED ON SHEETS. EACH BEARING NAME OF CONTRACTOR) Martinez, CA 94553 Department of General Services AMOUNT ENCUMBERED APPROPRIATION Health And FUND use ONLY S 98,508 Safety Code, Sec. 109 P.H. Federal Fund i I U'ENCUMBERED BALANCE ITEM CHAPTER STATUTES FISCAL YEAR 1977-78 —,f_ ,•� (:' - •i- i ADJ- INCREASING ENCU"ORANCE FUNCTION AOJ. DC CRE AS!NG EN Cul,8-77LINE 17EM A L L 0 TW ENT 1 = 'A IS _ 309-765-48-00 4373 'i hereby certify upon my ow-, ;personal kno:vledge that budgeted fond` T.B.A. NO. B.R. NO_ jo' :!able fur the period end purposr. of the esp•rnditure. stater!nbove. . 1 BY 1 n JUR CI 1 hereby certify thot all c„ndiL•ons for exemprlon set forth in State Administrative,ttannul Section 1309 hove be:rr co plied:Pith and this docurnent is exempt from revie-Iv by the Depar:ment of Finance. \1 SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY 1 DATE r7hin nlregme^t is 1'TO exe—m'Jtµ r , 1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and emplovees From any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work,services,materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. 2. The Contractor, and the agents and employees of Contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the.time and in the manner herein provided. In the event of such termination the State may proceed with the -work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand. 4. 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 contr.let shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall he binding on any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractors expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. saa,say in,eua?1 33t �aQ / 13SNro LU b?3 -2- CONTRACTOR: Contra Costa County CONTRACT NO: 77-59018 The submission of three (3) copies of each quarterly report to the State Health Depart- ment, Vector :i%'? Haste Management Section, Urban tat Control Project 2151 Berkeley ::a-:, Berkeley, C_: 94704 shall be made on or before the 10th day following the close of each reportin—c Teriod. 5. The sub=issior. of a quarterly report of program expenditure, by budget item, shall be Lade to the State F.ealth Department, Vector And taste Management Section's Urban Rat Control Project Office, 2151 Berkeley Way, Berkeley, CA 94704, not later than 45 days after the end of the reporting period. r 6. Two (2) co-?rehensive surveys of the Richmond target areas will be performed in accordance with the Urban rat Control Survey ►fethodology. A copy of the methodology entitled Ex- hibit "D" and consisting or six (6) pages is made a part hereof by this reference. 7. This con-tract =ay be terminated by either party upon 30 days written notice to the other party. 8. The period of the contract shall be from 1 July, 1977 through 30 Jure, 1978. 9. In consideration of the above services, performed in a manner acceptable to the State, the State shall rei:burse the contractor quarterly, in arrears, for actual expenditure in accordance with the progran budget (Exhibit B) , upon submission of an invoice by budget item, in triplicate, stating the amount of expenditure, State contract number, and the tire period covered. Such reimbursement shall be made provided that the contractor shall not exceed b; 25% or $1,000.00, whichever is less, any individual iter: in the budget, and that the contractor submit an explanation of the reed for any excess :with the claim for reimbursement; further, the State reserves the right to deny such claim for excess reim- bursement on any item. 10. A final invoice shall be submitted by the contractor to the Project Director, Urban Rat Control Project, 2151 Berkeley Way, Berkeley, CA 94704, within sixty days after the ter--i- nation hereof; further, the State reserves the right to deny any claim submitted more than sixty days after the te=.ination of this contract unless such late submission is approved, in writing, by the Project Director, Urban Rat Control Project on or before June 30, 1978. 11. The total a=ount payable by the State to the contractor under this contract shall not exceed $98,508. U9� p�U Exhibit 'W' Proposal • Contra Costa County Coritr^ct r'7•1-59013 By 6)/30/Y8 153 blocks i. the Southside Target Area will be designated en- viron—ment_?ly 1-a-proved. 1�7, i,' i� L o •11 o na_ o By v/)--1 ,3 = blcc::s not- envircnr.entally improved l b. in mair.te_._-rc... Achievement O: the above objectives will be measured by -verification survey. By 6%30/78+ 131 blocks in the Iron Triangle Target Area will be designated environ:mentaLy improved. By 6/30/78 the 32 blocks not designated environmentally improved will be in maintonatice. Achievement of the above objectives will be measured by verification survey. i By 6/30/78 50 blocks in the North Richmond Target Arca rill be designated environmentally improved. By 6/30/78 the 31 blocks not designated environmentally improved will be in maintenance. Achievement of the above objectives will be measured by verification survey. By 10/30/77 the program manager will submit to the Project Office a detailed plan for the transfer of environmentally improved blocks to local support. The plan will include: a. Identification of the blocks to be transferred. b. A detailed map of the redesigned target area. c. The specific administrative steps that will be taken by the program and local agency to transfer the EIB's to local support. ' d. A detailed Dl—,n of action., using local resources, for maintaining Contract' r L77-59018:: EIB's in an essentially rat free condition. e. Provision for semiannual verification survey of the EIBTs. - Due ;to tce'p. ected chanoe _in the target areas, the time allocated to t^e pmoram's activities will differ from last year. One comprei_en= sive survey wi1.1 be conducted in 116rth Richmond. This .rill be co�leted in October 1977. A sample survey using the C.D.C. `verification methodo- log,- will be used in.April-of 1978 to verify the maintenance condition.of the north Richmond Target Area. The entire staff will be involved ir_ these surveys. Community education and home visits will be on-going through out the year when. the "surveys are not being conducted. -There till be one Lead.Vector Controller. The Lead'Vector Controller must supervise the four N) Vector Controllers' field activities,. tabulate the data received from the .'surveys, and direct 'any,,follow-up work.. The " lead person will also be responsible for the execution of any other activi- r ' ties by the field staff. All field personnel will concentrate their efforts towards educating the community in rat.prevention. There will be an initial visit and a fol-- low-up o?low-up visit one week later. for every premise that shows problems" on:the comprehensive survey. ' If a problem-still exists after"oar-repeated attempts for voluntary correction., it will be referred"to the local Heallh-Department. Source reduction and rat proofing will be stressed to the occupants of these problem premises: - In addition .to the above activities, two (2) Vector d6htro]lers wilI be " assigned prime responsibility for making educational presentations to ccm murity groups such as schools, churches, and cor6unity interest groups. One Vector Controller :•rillhave the responsibility of baiting and traDping, while another :•:i1i have".the responsibility ,of litter control: prop ares; such as ,!eigh- borhood Youth Corn clean-up of property occupied'b,i people ,+rho are disabled. There will be back-up personnel assigned to",all these;positions.: Exterior rat' infestation trill be carefully baited with anticoagulant treated grain suspended in way. with "the whole mixture encased- in sriaL sections of plastic-or heavy cardboard pipe. Interior infestations will be baited with loose treated grain' in protected bait stations Baiting ":-rill be placed and . checked every two (2) days for activity"by.,a project 'lector'Contro"er". 00t La C nor"' { Co�Lruc 1 9-71 t ..� � �•,.. .+ ?^��-•�. •t\'.'1\ !~'`../tel �~\. 1`'S+ -L � � .`A - '31 C) Co.. --ZZ7 Co-z;rac!-. 7 590 10 _ZZ IZID 71: X r -7\ cxz; M INt, 31 A f A rl EnvirorLmentally Improved Blocks I577 Exhibit A (F) Contra Costa County Contract #77-59013 STATE OF C AUFOKNIA 10PAKTMENT OH HEALTH ADDITIONAL PROVISIONS (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, set or national origin. The Contractor will take atfirmative 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 ir:clude, 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 comoensation; 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 Contractin; 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. (31) The Contractor wi11 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 w;11 furnish all information and reports required by Federal Executive Order No. 112.16 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 ane 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 2.1, 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 or 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 HAS 1197 (4/76) 0`���^ Illcails of' cihiorcm`r such provisions Including sanctions for noncompllanc�: — provided, however. that in the cvvilt the Contractor becomes involved ln, or is ihrcaiencd virl2, lltlgat:on with a subcontractor or Vendor as a resulr cif such direction by the State, the Contractor may rcquest in writinf; to the State, who, in turn, may rcquest the United States to enter into such litigation to protect the Interests of the State and of the United States. ( s Air,- reimbursement for necessary, tr:avcllnu expenses and per them shall be at rates not to exceed those applicable to regular State employees under State Board of Control rules. No l,avel 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 hcrcin shall be the property, of the State. At the time of purchase of equipment under the tears 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-;if equipment purchased under the terms of this contract or any predecessor contract for the same purpose. Succi. inventory will be required not more frequently than annually. At the close of the project covered by this a-reement the Contractor shalt provide a final inventor}, 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. 'File 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: "1 an,ze 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 (Al ame of Vendor or Subcontractor) related to this (purcbase 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 utiliy services at rates established for uniform applicability to the general public. (l l) All personnel employed by the Contractor under this contract shall nicer Elle standards of training and experience required for comparable positions in State employment, as determined by the State. If the Contractor mainrains a local merit or civil service system, then the personnel employed under the budget shall be subject thereto, providing such local system is generally comparable to standards with the State civil service system as determined by the State. ��� 26 Exhibir A (F) (1�) Examination of Records (a) The Contractor agrees to maintain books, records, documents, and other cvidencc hcrtaint'.lj to the costs and expenses of this contract (hereinafter collectively called the "records") to the extent and in such detail as %vill properly reflect all net costs, direct and indirect, of lalmr, inazt rials, equipment, supplies and services and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this contract. 00 The Contractor agrees to make available at the office of the Contractor at all rLasonablC times during the period set forth in subparagraph (c) below any of the records for in pect=.cn, 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 anv 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 ret:ined 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 char: 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 - 09) 27 (16) Covenant A-valnst (.Utttinuent Fees The Contractor warrants that no person or selling agency has been employed or r<i:i ed to solicit or secure this contract upon ait agreement or understanding for a commission, perecnt a-ac, brokerage, or contingent fee, excepting bona fife empioyces or bona file established conur.crci1l or selling atiencies maintained l)y the Contractor for the purpose of securin; business. FOr breach or violation of this warranty the State shall have the right to annul this contract without 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 wort: 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 lights Act of 1964, 42 U.S.C. Section 2000d, rules and regulations promulgated ptirsuant 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 orisin include but are not limited to the following: deriving 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 se(Tregation 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 anv 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 I iealth's:affirmative Action Complaint Process. -4- W. 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 arc 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 riot 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, er 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 services are available to the public without regard to race, color, religion, sex, or national origin. -5- Bili+GE i From Save 1 _r0, -►•�.:: __ .. .5 1,012 9�•112 1 Lend e0,=cr Cc:�rcl er 1.0 1,203 14,265 ` 2 ale;tc -rel—1 e:s 2.0 1,090 26,10,0 2 Vector Cc^ rclle:s�T 1.0 1,000 13,030 1 Account Clan'_: .5 11101 6,642 a. 100p time .':.r 6 _:o:.z...., AA t�`i�c �at_ r.:l _•j ._nes mess 40,20 0 L..�: a minazed Dec.CS..c. 31, 1j,7;� 1VtCl Salaries and i:$�CS 66,299, Actual Staff B=efits 161109 71 rM, P�-z0,::r L SEMIECES 17,723 84",703 . r 00630 Etch ib i t 3" B-ret Contra Costs • Contract ;;- • Court; and From Cthcr Co=unisations 700 Tra-vel, in-State '-,200 05 -quiamant 8 Printing 750 Supplies 3,300 Contracts 4,Q00 . Total, Cverati_D -::pense and Equip. 13,800 Total Personal c".ervices 17,723 8':,7G3 Tbtal D=rer-t 17,723 :�3,5c,8 Indirec`,. Czarzes nn 1 {Rate -0- -0- -0- TCL L '--7,723 98,508 t ExhLbLt v 1ruldeii n�--5 �;,lar tri Status Report Contra Cotta Co. OF L; A, 7ci F.riLrc�TIQ`I, :D G.'�Lr . Cc_,;r?c; „ ?1-q�Ol� PU3LIC I FAL' l:i 5-.7jV[C77 CENTER FOR DISEASE CONTROL EURE:.0 OF STATE SERVICES � E23VIROZ%'XF.tiT•lL 1!Et%.LT1i SERVICES DIVISION INSTRUCTIO::S - RAT CONTROL PROJECT ACTIVITIES QUARTERLY P.EPORT (Form CDC 7.15) t • r Each project will submit to the Regional Consultant for Environmental Health � t Services a Quarterly report on Program activities which will consist of � two parts: (1) a statistical section on the form provided and (2) a brief E narrative section. The quarterly report is intended to permit evaluation of project progress, and to provide information for preparation of periodic status reports. It is essential that information be supplied exactly as requested. There should f be no substitutions or changes in the categories of information, except in the narrative report. Two copies of the report are to be received at the ' Regional office by the 15th day following the end of the quarterly reporting I period, and one copy forwarded by the Regional office to the Center for Disease Control by the 25th day following the end of the quarterly reporting period, reporting accom..plisl'W ents of the preceding 3 months. Detailed instructions for completing Forel CDC 7.15 are as follows: t 1.- Project Identification Number - This item refers to the number assigned to the project by the Regional Office in the Notice of t Grant Award. i 2. Quarterly_ Period Endir.z - Enter the last day of the final month of , t the appropriate quarter; for example, 'Larch 31, 1975. t ���F32 Exhibit "C" + 3. Date - Enter the date on which the -report was completed for submission to the Regional Office. 4. Co-oleted By - Enter the name of the person who prepared the report. F If other than the project director, the project- director should place his initials following the name. 5. Agency Name and Address - Enter the name of the agency conducting the rat control program, and the name of the program city and State. The report for a State program will be ,ade up of the individual reports from each participating city accompanied by a cover letter. ! In addition, the State program office will provide a brief state- ment on progress for the State grant based on its short range J objectives. b. Target :area Status. - Enter the name and/or number of each target area. If a program has more than five target areas, it will be necessary to co-plete target area status information on additional forms. A. Number of Blocks - Record the total number of blocks in each target area. a . (1) Preattack - Enter the number of blocks in the preattack phase for each target area. Blocks in this phase are those in a target area in which no direct activity has . begun, although residents living in these blocks Way be • exposed to the mass media informational effort directed at areas in the attack phase. Some preliminary planning Exhibit "C" - . 3 for future attack activities may take place during this phase. (2) Attack - F.nter the number of blocks in the attack phase for each target area. This is the period of maximum program activity in a target area. Co,;.prehensive surveys on a premises-by-prey-ises basis are conducted to delineate the problem areas and their deficiencies, and furnish information on .:hich to base intensive control measures designed to brill rats, improve refuse storage, clear premises of rat harborage, and enforce sanitary codes. (3) Maintenance - Enter the nu...ber of blocks in the maintanance phase for each target area. For reporting purposes, at the end of each quarter, blocks are placed in the maintenance phase only if surrey data indicate that 2 Dercent or less i . of the premises have active exterior rat sie:,shad either (1) 15 Dercent or less of the Dremises hpve emoosed ^arbange, or (2) 30 percent or less of the premises have unaDDroved -refuse stora;:e. Target area blocks should be placed in the maintenance phase on an individual basis. It is strongly urged, however, that maintenance areas be as homogenuous as possible. :inns illustratin; the three phases described above must be attach_d. _ 1In some projects, t;,e interior rat populations r..ay be independent of, and may constitute a greater problem than the exterior population. If this situation does exist, surveys should be Wade to ?rovide information on the extent of interior infestation and correcti,.e action should be conducted. Compilation and analysis of such data should be included in the narrative statement. t ' Exhibit "C ' 4 B. Number of Premises - This iten refers to the esti.:ated total number of premises in each target area. C. Number of D�ellini- Units - Record the total number of dwelling units in each target area. D. Esti-."ated Population - This item refers to the estimated population in each target area. E. Pat Bites - Report the number of rat bites that have been confirmed by project personnel or other qualified individuals for each target area. F. Pat Co-olaints - Report the nzmber of rat complaints received for each target area. This does not include complaints about mouse and insect infestations. ' 7. Rat Bites (Cit•:-tide) - City-vide data include those from the target areas and other parts of the city. S. Pat Complaints (City-.'ide) - City-wide complaints include those from the target areas and from other areas Within the city limits. 9. Estir..ated Citv-;;ide Pooulations - This item refers to the total population in the city including the population in the target area. 10. Health _-ducation• Activities A. Number of Talks Presented - Enter the number of formal presentations aad speeches made by project staff to civic organizations, block clubs, school assemblies, or other groups. B. Nu-ber of People Reached - Enter the est{i a_ed total P.=ber of persons in.the previous ite=. For presentations to primary, and secondary school children and to college students, enter • number where"indicated. - 3 C -`ger c� -!lies Co, •ictc __' - =..;er the r'ur.ber of families with which individual en-r r e=is_s ce ntacts were made and � educational-motivational* inte —'s accomplished by health educator aides or similar persc==el. , 11. Proiect E-olo•:ees - This item incl-_des full-time employees who are currently working in the approved project target area. List the number of employees hired from target area only in the first column. The second column includes employees hired from outside of the target area. The third column is the su= of the first and second colu:4ns. A. Bezirnin--ef Quarter - Enter the total n::mbac of these employees as of the first da:- of t^e quarter. B. Hired - Enter the =u: ber hired during the quarter. C. Subtotal - Add Line A and Line B. D. Separate3 - Enter .e n,,;=b e_ separated during the quarter. E. At F: d of Ouarter - Subtract Lime D from Line C. 12. Narrati':e State:-ent - 7:ie ln•e nt of the narrative statement is threefold. 1. It provides an ana= sis of the statistical data contained in the O'uarterly Ra—port -- related statistical renorCs Sa statistical a3a,a=du=) It includes analysis of results of comprehensive and .z-e ifica:=on surveys. The analysis may be a statement that s:-imports the data by illustrating the reasons for significant accompl{s_eats, lack of accomplishments, and/or setbacks. • Exn ib it Itch 6 2. I[ pro:•ides -c i ` .;Eul i^Fc^ztion on those e1e-tents of t�e progrxi not inclu.'.ed in the stntistical reports. Information on those ele=ents of the program not included in the statistical • report may be on improved municipal services, improved citizen participation and motivation, discussion of innovative approaches developed (enumerate under separate subsection) , special surveys designed to aeasure changes in citizen attitude and behavior, significant career accomplisF.r..ents of program staff, and problems encountered. In addition, describe any accom?lishments that have been made to increase project self- I sufficiency (i.e. , a statement of the governmental., legal, financial, or other efforts of the local program to increase i its ability to maintain rat control activities and improvements i with reduced Federal support.) 3. It provides a brief statement of progress for each of the prograMts short-ranze objectives on a quarterly basis. Each short-range program objective should be re-stated, followed by a • brief statement relating to its status towards accomplishment. The narrative statement and a statistical addendum, including summary survey sheets, should be submitted as attachments to the Quarterly Report. 13. Remar s - As necessary, provide remarks that may clarify the statistical data on the for=. r xhibi t "1" Survey .'e rc�olo �i Con�-ra_� Cosa Co. LTBBAY PAT CONTROL P70G'='1 SCaV_? v-,- :COCLGGY Tha goal of an Urban Rat Control Program is to reduce rat populations and the causative conditions supportive to the=, as defined in the Federal Urban Rat Survey ?:s:ual, to a level Where thev no longer exert an adverse enviro=ental or economic effect on the co=unity. Bat programs should strive to reach a r_3intenznce level defined as 2 or less of the premises with active exterior rat signs and either:' 15' or less of the premises with exposed garbage, or 30' or less of the ' g premises -with unapproved re;' us_ storage wit in a defined target arca (i.e. , dc-=unity) , on an individual block basis. They should also strive to reduce each of the causative con- cit{ons identified as having a negative impact upon the community. A typical plan for conducting a rat control program includes: (1) Preattack Phase - A stage of the program in which information is provided to city officials through presentations, and to the general public through mass media and inaugural demonstrations. (2) Attack Phase - A stage of the program in which comprehensive rat control activities (i.e. , premises-by-premises inspections, concen- trated code enforcement, systematic rat killing, rat stoppage, community information, motivation and education, citizen participation, interagency cooperation, adequate =nicipal services, improved premises sanitation, etc.) are conducted to reduce rat infestations and causative conditions in a target area to a maintenance level. x:n Lon V ✓ (3) Phase - ct st?S' of the prcar:: in which is maintenance level has been achieved and sustained an a block-by-block basis in a target area. =ie1� surveys are an essential surveillance requirerent of every rat control prosrn-7. and should be conducted, routinely in accordance with the methodology outlined' in the Federal Urban Rat Survey "`.anual, to measure the reductor. r - in active rat sibns and other causative conditions. The objectives of a rat control progra^ and the direction. it takes are determined by the survey t _ 7 results. i ._Every rat control program should have a satisfactory records system to evaluate its progress and determine priorities. The system should provide for reporting, in a sequential manner, the results of inspectional activities ,} on a block and premises basis. UREA:N' R.yT CONTROL SURVEY/I`:S:7_C7 0:: PLANT r - (1) Preaoolication Surveys j ! - Applicants for Federal Urban Rat Control grant funds should conduct a baseline survey in a proposed target area to determine the premises prevalence rates for exterior active rat infestations and other causative conditions in accordance with the methodology outlined in the Federal Urban Rat Survey Manual. ! r (2) Preattack Survevs = A baseline survey should be conducted in the defined target area ! - -to deter--ine premises prevalence rates for exterior active rat- ` ; Fitns and causative conditions in accordance with the methodology � outlined in the Federal Urban Rat Survey Manual. Exhibit'!O" 3 i NO- if a baseline survey conducted to satisfy the preapplication survey requirerent, _t feed not be done again unless the proposed target area ::as redes'_g^ed. (3) =rscecticns Connrehensivi- irsoections (i.e. , oremises-bv-orenises) to identify active _at s'_cns and other causative conditions should be conducted at lust .nice yearly :`or all blocks in the attack phase. The interval bet_-aen cozprehensive inspections should be no more than six months. This interval is called a c•:cle. The methodology outlined in the federal Urban Rat Survey Manual should be used to conduct attack phase inspections. (4) "Li^`_-:arce P!:ase 1r.snecticr.s/Sur-,evs l� Comprehensive inspections should be conducted for all blocks in the maintenance phase uaril SO";.' or more of the blocks in a target area have achieved maintenance. T'nen, the Federal "Area Maintenance 'Verification Survey Methodology," a sample survey procedure, may be used two or more times a year to confirm the status of those blocks reported in maintenance. . ?:OTE': Comprehensive inspections should continue to be conducted at least twice yearly for blocks re=aic.J;.ng in attack. Should inspection data indica=e that conditions have deteriorated and that rat infestations, unapproved refuse storage, anal/or exposed garbage rates have risen above the maintenance level in a block, „ 1 ' 00640. Exhib i i, "D" 4 s J t c i t should t ap?r..r_ a.e a taco e t.v t es os d s s e cond::c ed to !=P rove t;:e envire—ental conditions and return that"b lock to maintenance. Blocks that fail to return to maintenance should be reported in the attack phase. j i r_ i . 6-17-75 . M } S u;ts &T "cosTROi PR.O- LOCA A::TJ `r..O� :LI. Surwz- TXSPSCiT_C: a �a Survev/Izsaac: c^.l. ?lsn Target .area Status Local e�eral Preado?:c _ _ fi e 'I e Su r v e D:z>Gt Lr..L v' Pre, c�a� - L..e ..., ► Ca;r,_r�ha:s :z_ soC;.tz.i, Basa1-i e. Surve Acta Maintenance InsPcccion ti'eraFica�aon,�ur�Survey ' Verification Survey i a Survey Methodology. _ro a i -* .See Urban :.at Control g ,. I ** Consultation Provided (Federal) i - - 1. Preanolication SLrver - a sample surrey conducted in accordance with the .methodology outlined in the Federal. Urban Rat Survey, `{arual to. determine the nature and extent of the rat proble= in a designated target area- the i is conducted by applicants requesting"Federal rat. control',funds to help support a State or local rat control program. •a to'the 2. Baselina Scrvev - A sample, survey conducted in accordance i methodology outlined in the Federal Urban Rat Survey 'tanual to deteraare tive rat:si ns and'.causative i the premises prevalence rates of exterior: ac g. conditions in a designated target area. --The baseli" e survey is conducted r ea lication.survey requirement, or i a to satisf a pP y p b) to satisfy a preattac survey requirement for a new rat "control: program, -or • i activities""(Federal) L i c) optionally, during attack phase • 3. Corprehensire Inspection -' a premises-by-premises inspection- to determine the premises prevalence rates of e_Yterior active rat signs and causative i conditions in a designated target area. The comprehensive inspection is-, conducted two or more "tines a year for all target-"area.b2ocksin "attack and maintenance until SCx or more of the".blocks have.achieved maintenance t��142 I� • � �Xt''.LuL� tt Jtt '1 4. Vgri ft .a_',. sa=.ple sur•:ey of ran donly selected blcc::s and I prises in a target area previously class_f ed in =ainzezance to r det",'re if the area is appropriately classified. i 1) The verificatiea su--vey should be used to confirm achieverent i of =aintenance two or more ties a gear in target areas where { 80Z or more of all blocks have achieved =aintenance (local) . t t . t 2) To analyze the data, a sur-ary report of the surrey findings 4 ' should be prepared using the "Exterior Sanitation and Rat s I Survey" summary sheets (see Federal Urban Rat Survey Manual). All conditions on the fora should be su=arized. 3) If the findings are significantly different 'rem previous survey results, a comprehensive inspection of the target area Z r-ay be indicated. NO_7. Federally fun.. d rat control projects should sub—it a report of their findings with a brief analysis to their Regional Office for review and co=ent. : 6-17-75 _ ---- - - : �_ n�lf; 3--� STATE vr CALIFORNIA—HEALTH wwnu=wr ^uEc, 2XH} BIT QO. A1 ^ � E%PENDA8LEAND WON-EXPENDABLE EQUIPMENT ` ACQUIRED UNDER CONTRACT 1. LIs\ curh immo( expendable and non-expendable DATE: nqv|nmo"t hnv|o9 u wn|\ ,o|wn o/ $100.00 or more and oIIle expectancy o/ two years urmore. COHTRxCTwUNOEn: NAME OFCONTRACTOR: NAME OF CONTRACTOR'S CONTRACTOR'S PHONE x: AUTHORIZED REPRESENTATIVE: CONTRACT EQUIPMENT ALLOTMENT FROM BUDGET EXHIBIT: PURCI-fASE ORDER COST oil QUANTITY DESCRIPTION STATE I.D. SERIAL DATE DOCUMENT NO. (including Mfg., Model, Type, Size and/or Capacity) TAG NO. NUMBER PER RECFIVED UNIT ���� HAS i203 (5/75) INSTRUCTIONS Please co���plete this report in duplicate, return the original to the leGar%.i.ent of Health, Business Services Section, 744 P Street, Sacramento, California X5314, Attention: Prop-erty Control Element. The duplicate should be retained by you for your records. For information - Tele: (916) 445-3107. Upon receipt of the report listing non-expendable equipment that has been acquired, the Department of Health will forward to you identification dEcals are to be affixed to the equipment by you or your staff. F IChi IDENTIOF NOM-EXPENDABLE EQUIPMENT ;Within practical limits all equipment to be identified will be tagged as follows: Tables, desks, and Place tag on upper left-hand similar articles corner of the front of the left leg or pedestal just under the top. Chairs Place tag at center of the rear edge of the seat. One piece files Place tag on the upper left- or cabinets hand corner of the front of the frame. Upholstered furniture Place tag on the side of an exposed leg. All items will have tags so placed as to be in plain sight and easily read. Manufacturer's marks will be left intact. IN THE ECMO OF SUPE-WISORS OF C�„Tl-jtk COSM COU-NAY, 6T` E OF C.ZIFORNIA e I•Iatter of Award of Contract ) tens ion Facility Sprinkler, ) Nartinez, California 1077 5269-926-(49) ) TJMLL AMCUNT Bcnd Zlmmu is Viking Fire Protection Company $247,859.00 Labor & ?,°.ats. $ 123,929.50 S ;n Carlos, Calfornia Faith. Perf_ $247,559.00 1'• -1va other proposals were received for various combinations of the Mechanical , Plumbing a:id Sprinkler projects. These bids are shown on Attachment A. e above-cam.L onev project and the specifications Uierefor being approves, bids bit;� dui,/ invite_ and _e-ceived by the Public 1%'brks Director; and T'rLe P'L: ._ Works Director recc:neer-gin g th.3t tie bid listed first acove is the lcN-est resro sibL= bid and this Eco-rd conc=Lng and so finding; IT IS BY T E %C'_?rJ OP.D=, tzat the contract fc- the furnishing of lZror and r z !:e_i al s for said work i .-.,arded to said first listed bicidr at the listad amount and unit prices su}s>i_t'. :ti in said bid; ars: drat said co:rc_actor s'nall pres �r= two :gCZ: a d s::=;icient suret,r bonds as i dicated above; are that the Public Works Depzrt*rant sha11 p ^a Erie ,=tract therefor. 1,t IS Fuj�i,�7O.PD_7-:ca) that, after the contractor has signed the contract arm it �- ^ter wit`r bonds as noted above arm any ret ui rEd certificates of ins maze tog:. c:: cne- re-_:uir-' do=m nts, and tre Public Works Director his review;ed and found th-a r t,.; Lx sufficient, ti-,e Public Works Director is autlmricExl to sign the contract for t}ii s IT IS FL f=, OT-:d)= that, in accordance with t^ne project sp ecificaticr-s an�;'or upon sic;:at-ure of the ccntrac,t by the Public V`brks Director, any bid tends 1-•osted ;,y ; h dders are to Le exor_erated and any &.ecks or cash submit-- for bid saczsrity scall be- returned. PASSED by tt:e Eoard on 0ecefaber 6, 1977 _ I certify that tri foregoing is a true arrl correct copy of an o_d r :i,red on &.e nir_u.t s of said Poard of Sum_visors on the date a�ore�i.d. W;mess rmy hand and the Sea? of the Boal of Su?=rIsors aFPixed t!�_is ()uln day of D-ce!^'_,e_ , 19=. Public tSorks Dep a_: ent J. R. OLSSCN, Cle k P-;blit ,•.orks Di-e:for COLu”?�,r AL'^'.ZtOr'tiOrltr011L?r By DeNu _ Clek Contractor YOls � 0614 Fo= 9.1 (2ev. 9-77) ATTACHMENT A TO BOARD ORDER DETENTION 'FACILITY MECHANICAL, PLUMBING AND SPRINKLERS, PROJECT NOS. 5269-926-(47) , (48) and (49) BIDDER BID NO. I BID NO. 2 BID NO. 3 BID NO. 4 BID NO. 5 BID NO. 6 BID NO. 7 Valley Sheet Metal Base: $1,G83,000 ------- ----- Base: $4,275,000 Base: $2,932,000 $1 ,842,000 Base: $4,525,000 Company, Inc. Alt. A: 42,11 000 Alt.' A: ------ Alt, A: ----- Alt. A: -- So. San Francisco, CA Alt. B: ------- ---- Alt. B: ------ Alt. B: ----- Alt. B: ------ Allan Automatic $288,925 Sprinkler Corp. ------- ------- ------- - ------- ------- -------- San Francisco, CA Vikinq Fire Protection $247 ,859 Company ------- ------- ------- ------- ------- -------- San Carlos , CA Cosco Fire Protection $327 ,900 Div. , Zurn Industries, Inc. ------- ------- --- -- ------- ------- -------- Hayward, CA E. H. Morrill Company $1 ,496,000 ------- ------ -------- ------- ------- -------- Berkeley, CA Scott of California $1458000 -- Oakland , CA ------- , , ---- ------- ------- ------- -------- Marelich Mechanical Base: $2,498,990Base: $4,098,631 Base: ----- Company, Inc. Alt. A: -$192,307 ------- ------- Alt. A:-$192,307 ------- ------- - Alt. A: -$192,307 San Bruno, CA Alt. B: $2,000 Alt. B: $2,000 Alt. B: $2,000 Kenneth Fraser Co. ------- ------- ------ Base: $3,982,000 ------- -------- Pasadena , CA Alt. 'A:-$130,000 Alt. B:+$2,500 Orvin Engineering Corp. ------- ------- $274,500 ------- ------- - -------- Santa Clara, CA Lawson Mechanical Base: $2,297,000 Base: $3,987,000 Base: $2,562,000 Base: $4,252,000 Contractors Alt. A:-$151 ,000 ------- ------ Alt. A:-$151 ,000 Alt. A:-$151 ,000 Alt. A:-$151 ,000 =Sacramento, CA Alt. B:+$500.00 Alt. B:+$500-00 Alt. B:4$500.00 Alt, B: $500.00 n - % ATTACH,"IDI T A TO BOARD ORDER Page 2 DETEI�dT ION FACILITY MECHANICAL, PLUIiuI!,G NID S?RI;1IiLERS, PROJECT NOS. 5269-926-(47) , (48) and (49) GiUDLR BID 010. 1 GID I;O. 2 GID N10. 3 BID �-!O. 4 BID I;O. 5 BID I40. 6 GID NO. 7 Grit"' ^-Il Fire Protection ------ ______ $293,892 ------- _______ ------- _------ Syster,s Company, Inc. Gurlingame, CA Nitomatic Sprinkler $354,673 Corporation of America ------ ------ ------- ------- ------- ------- Union City, CA Un1vcrs i vy :-'cchanical and Base: $3 ,664,000 Base: $3 ,928,000 Engineering Contractors, Inc ------ ------ Alt A•-1156,000 ------- ------- Engineering -'-"^- • Alt. A:-X156,000 San Leandro , CA Alt. B:+$4,200 Alt. B:+x4,200 7 . .A CC7_"' N THE BOARD OF SUPERVISORS OF CUNTRA COSTA COUNTY, STATE OF CALM PNIA In the Matter of Aw-cxd of Contract ) for Detention Facility Mechanical ) and Detention Facility Plumbing, ) December 6, 1977 Martinez, California. ) Projcct No. 52G9-926-(47) , (48) ) Bidder TOTAL N.KXJL\72 Bond A=unts University Mechanical and $3,512,200 Labor & Mats.$1,756,100 Engineering Contractors, Inc. , (including Alt. A & B) Faith. Perf. $3,512,200 San Leandro, California Twelve other proposals were received for various combinations of the Mechanical , Plumbing and Sprinkler projects. These bids are shown on Attachment A. The above-captioned project and the specifications therefor bring approved, bids being duly invited and received by the Public Works Direr:tor; and The Public Storks Director ri�;x�_ndLng that the bid listed first above is the lowest responsible bid and this Board concurring and so finding; IT IS BY THE BOARD O_�DERED, that the contract for the furnishing of labor and materials for said work is awa._ded to said first liste-d bidder at the listed amount and at the unit prices submitted in said bid; and that said contractor shall present t<%o gocd and sufficient surety bonds as indicated above; and that the Public 1Corks Department shall prepare the contract therefor, which shall consolidate these two projects into one contract. IT IS FURT113ER ORDS that, after the contractor has signed the contract and returned it together with bonds as noted above and any required certificates of insurance or other required docur-nts, and the Public Works Director has reviewed and found therm to be sufficient, the Public 1%corks Director is authorized to sign the contract for this Board. IT IS FURTF ER ORDERED that, in accordance with the project specifications and/or upon signature of the contract by the Public R'orks Director, any bid bonds posted by the bidders are to be exonerated and any checks or cash suhmi.tted for bid security shall be returned. PASSED by the Board on December 6, 1977 I hereby certify that the foregoing is a true aryl correct copy of an order entered on the minutes of said Boa:-z:dd of Supervisors on the date aforesaid. t•7itness my hated arr: the Seal of the-Board Of Sup—ervisors affi-:ed this 6th day of December 19 77 . :)rigir:tor: Public Tbrks Depar ment J. R. OLSSChT, Clerk :-c: Public Works Director Co•,nty Auditor-Controller. Contractor By Deputy Clerk r (, �.. Yom' Fa_~ a 9.1 (i:_v. 9-77) ATTACHMENT A TO BOARD ORDER DETENTION FACILITY MECHANICAL, PLUMBING AND SPRINKLERS, PROJECT NOS. 5269-926-(47) , (48) and (49) BIDDER BID NO. 1 BID NO. 2 BID NO. 3 BID NO. 4 BID NO. 5 BID NO. 6 BID NO. 7 Valley Sheet Metal Base: $2,683,000 ____ . Base: $4,275,000 Base: $2,932,000 $1 ,842,000 Base: $4,525 ,000 Company, Inc. Alt. A: $2,11 ,000 Alt. A• ------ Alt. A: ----- Alt. A: ------ So. San Francisco, CA Alt. B: ------- Alt. B: ______ Alt. B: ----- Alt. B: ------ Allan Automatic $288,925 SprinklerCorp. ------- ------- -- ---- ------- ------- -------- San Francisco, CA 1 Viking Fire Proteetian ------ _______ $247,859 ------- ___.___ ------- -------- Company San Carlos, CA Cosco Fire Protection $327,900 Div. , Zurn Industries, Inc. ------ ------- ------- ------- ------- -------- Hayward, ------- Hayward, CA E. H. Morrill Company $1 ,496 000 _______ ------- ------- -------- Berkeley, CA ------- ------ i Scott of California ------- $1 ,458 000 ------- ------- ________ Oakland, CA _ ------ ____.._.. ?4arelich MechanicalBase: $2,498,990 Base: $4,098,631 _ Base: ----- Company, Inc. Alt. A: -$192,307 ------- ------ Alt. A:-$192,307 ---""__ "-`--- Alt. A: -$192,307 San Bruno, CA Alt. B: $2,000 Alt. B: $2,000 Alt. B: $2,000 Kenneth Fraser Co. ------- ------- -- -- Base: $3,982,000 ------- ------- -------- Pasadena, CA Alt. A:-$130,000 Alt. B:+$2,500 Orvin Engineering Corp. ------- ------- $274,500 ------- -------- ------- -------- Santa Clara, CA Lawson Mechanical Base: $2 297,000 Base: $3,987 ,000 Base: $2,562,000 Base: $4,252,000 Contractors Alt. A:-i15i ,000 ------- ------ Alt. A:-$151 ,000 Alt. A:-$151 ,000 -_----- Alt. A:-$151 ,000 Sacramento, CA Alt. B:+$500.00 Alt. B:+$500,00 Alt. B:+5500.00 Alt. B: $500.00 1 C • M A I i ACK° E',i A TO BOARD ORDER Page 2 _ DETENT I N FACILITY iIECH, :dICAL , PL'uilGliia NND SPRINIKL ERS, PROJECT NOS. 5269-926-(47) , '-rB; and (49) BID i.0. 1 BID NO. 2 BID '•,O. 3 BID NO. 4 BID I;0. 5 BIE, 'i0. 6 BID NO. 7 Grinnell Fire Protection ------- ------- ------- ------- _ $29$,892 Syste ,s Co,t;nany, Inc. ------ ----- Burlingame, CA Aj twati c Sprinkler 535+,673 Corpor=tion cr America _-__-. - Union City, Ch Urircrsity :Iechanical and Base: $3 ,664,000 Base: 53,928,000 Enrineering Contractors Inc. ------ ------ .___'_ Alt. 1, :-5156,000 _______ __-__-- Alt. A:-S156 ,000 San Leandro , Cr, Alt. u:*S4,200 Alt. B:+S+,200 /ter� CONT P.nCT (Cons t--uction Agreement) (Contra Costa County Standard Form) Z. SPECIAL :?3::5. These special terns are incorporated below by reference. (952,3) Parties: (PubLc agency) Contra Costa County (Cont actor] University Mechanical & Engineering Contractors, Inc. Coma ate legal name (S2) Effective Jcte: December 12. 1977 (See 34 for star=ing data.; (53) The Bork: Detention Facility Mechanical and Plumbing, which includes fur- nishing and installing the specified mechanical and plumbing systems for the Detention Facility Project, all i� accgrdancea tjith Plans and Specifications pre- pared by or for (the Pu lic Works girec oor an in accordance with the accepted (54) bid pco° i°aalion :"PneleClstNro2xe5o269 ("a5of41 )) and 'calendar' or ";rorkina"I X14XX)RXX)XA'9( XXX) (b) witzin rLlq calandarJf( days from starting data. (S5) Liquidatad Dr-mages: 5 None per calendar day. Actual (56) PubZic .agency's Agent: Public Works Director (57) Contract Price: S 3.512.200 (for unit price contracts: more or less, in accoraance wit-1 fiai3hed quantities at unit bid prices.) (Strike ou parenthetical naterial if i,nanolicable.J 2. SIG,,A:'J'=c AC L1C.7LaDG:1E PuB ZLc Acenay, By: Yt/tK 7i 71"ATX/CAR 7t7C7CA n7CA/CiCJCJC Vernon L. Cline Designated Representst_ve) Public Works Director kX•}(XXpX Ccntractor, hereby al ac nowle gin an of and cenpliance .*Y;L -,'• Labor Co ' "1 ce_ :. .. _ \Ccmnensat_on Lew: t /gy. _:i� (CGnPCRAE .t esi��- _rici.ai cap ty .n tra bu31ness By: ill"/� ��: Cesignate ort-,cil capacity in trio Jota to Contractor (:) :._ecuta av;acw Z3cL7nanS f am ca::v, and (2) iI' a corporc- cicn, affix cor?orasa Baal. State of califor Lia ) ACf7GWLcDG,'E:7_' (b_r Corao:ation, County o= San Diego ) Ss' Partnership, or T-nd-iviaual) :he person(s) sicning above for Contractor, known to tie in individual and business capacit_r as stated, perscnally apoea_-ed be°ore re today and ac?.cwledged that he/t:.ay -' 'y i-�c71►'.n�.�. t yt:. ,:r Q ati Oa Or above executed 5 -'dy'� �Decerpbet`$,:1977` _! - Paul�tte L� Ia ke �' \• (.r SFS i :., t' :lotar =ul_c - .i- - - - - - - - - - - - - - - - - - - - - - - - - - - - - : R:_" PPDSr;D-bl: 4^ ..=.J (page - OS 4) (CC-1; Rev. Microfilmed with board order 01)x;52 , •3. WORK CONTRACT, CHANGES. (a) By their sirnatures ir. Section 2, effective on the above date, these parties prose and agree as set forth in this contract, incorporating by these references the material ("special terms") in Sec. 1. (b) Ccntractor shall, at his own cost and axpense, and in a workmanlike canner, fuller and fait:fully perform and complete tho work; and will furnish all materials, labor, services and transportation necessarri, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plans, drawings and specifications. (c) The won: can be changed only with: Public Agency's prior :mitten order specifying such chance and its cost agreed to by the parties; and the Public .,,genci shall never have to pay more than specified in Sec. 7 without such an order. 4. TI;L: :iOTICE TO PROS O. Contractor shall start this work as directed in the speci- .-cations or the :notice to Proceed; and shall complete it as specified in Sec. 1. S. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work wit.-%_n tae tir..e uxea therefor, allowance being made for contingencies as provided herein, he becomes liable to the Public Agency for all its loss and damage therefrom; and because, from the nature o: the case, it is and will be impracticable and extremely difficult to ascertain and fisc the Public Agency's actual damage from any delay in performance hereof, it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable such specified in Sec. 1, the result of the parties' reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay in finishing said prom::; and if the same be not paid, Public Agency may, in addition to its other razia-dies, deduct the same from any money due or to become due Contractor under this con-- tract. If the Public Agency for a:.y cause authorizes or contribut:s to a delay, suspen- sion of wort: or extension of ti=e, its duration shall be added to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any richt of the Agency to damages for non-co=letion or delay hereunder. Pursuant to Goverr=ent Code Sec. 4215, the Contractor shall not be assessed liquidated damages for delay in completion of the :mor?:, when sucb delay :+as caused by the failure of the Public Agency or the owner of a utility to provide fcz removal or relocation of existing utility facilities. o. I:iTEG.ZATED DOCu',!ZNTS. :he plans, drawings and specifications or spec;al provisions o: tame ?ualzc Agency's call for bids, and Contractor's accepted bid for this work are hereby incorporated into t:_s contract; and they are intenced to co-operate, so that any- ti:ing exhibitcd in the plans or drawings and not mentioned in the specifications or special provisions, or vice versa, is to be executed as if exhibited, :..entioned and set forth ir. both, to the true intent and Weaning t::eraof ::lie_^_ taken all together; and differcnces of opinion concerning these shall be finally determined by Public Agency's Agent specified in Sac. 1. iteral 11Li 7 1 f• llent of these premises and conditions. PAY:L�:T..•;•(ai. :or ::is strict orad , and as=u 1 cc=. easation for all this work, the Public Agency shall pay the Contractor the sum. specifiaa••,i.:'•Sec. 1, except that in unit price contracts the ;aysent shall be for finished quantities'.at unit bid prices. On`or al;-qut the first day of each calendar month the Ccntractor shall submit to the Pt: Tic K,ency a. verified application £or payment, supported by a statement showing all mate:cials actta::ly installed during the preceding ;onto, the labor expended thereon, and _he:.•t=st„thereo_; whereupon, after checking, the Public Agency shall issue to Contract6ij_ ca_tificate for the amount determined to be due, minus 10% thereof pursuant to Governl_aert Code Sec. 53067, but not until defective work and materials have been removed, replaced and made good. 3. PAY2Z::T5 :dI'rvH_LD. (a) The Public Agency or its agent may withhold any payment, or because or later discovered evidence null--4v all or any certificate for payment, to such extent and period of time only as may be necessary to proc.ecc tae Public rgency from loss because of: (1) Defective work not remedied, or uncompleted wort, or (2) Clains filed or reasonable evidence indicating probable filing, or (3) Failure to proberly pay subcontractors or for nater_al or labor, or (4) Reasonable zoubt that the work can be coraleted :or the balance then unpaid, or - (5) Da.zace to anot er contractor, or (5) C-A-,Rge to t�he Public Agency, other =her: damage due to delays. (b) The Public Agency s::_ll use reasonable diligence cyscover and =a=cct to tae Contractor, as tae w=ork prccresses, t^e .-..at_-als and la:.cr ..n_ch are :ct sat_-factory to it, so as to a•roid urnecass.�.y ..rouble or cost to _:e Ccntract.._ in =:king coed any de=ecti7e work or parts. (c) 35 calendar days after the Pur-'-;c Agency -_las its notice of ccrplat_oc of the entire (page 2 of 4) tPi �f• r work, it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract, provided the Contractor shows that all claims for labor and materials have been paid, no claims have been presented to the Public agency based on acts or ocissions of the Contractor, and no liens or withhold notices have been fileu against the work or site, and provided there are not reasonable inaications of defective or missing work or of late-recorced notices of liens or claims against Contractor. 9. INSUPU iVc '. (Labor Code 551860-61) On sianirg this contract, Contractor must give Public Agency (1) a certificate of c.:nsant to self-insure issued by the Director of Industrial Relations, or (2) a certificate of Workers' Compensat'_on insurance issued by an admitted insurer, or (3) an exact coo y or duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Sac. 3700 and the Workers' Compensation Law. 10. SOt:Ds. On signing this contract Contractor saa'-1 deliver to Public Agency For approval good and sufficient bonds with sureties, in anunt(s) specified in the specifi- cations or special provisions, guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. 11. FAILURE TO PERFOEU1. If the Contractor at any tire refuses or neglects, without fault of tae Public Agency or its agent(s) , to supply sufficient materials or workmen to complete this agreement and work as provided herein, for a period of 10 days or mora after written notice thereof by the Public Agency, the Public agency aay furnish same and deduct the reasonai;le expenses thereof from l.. a contract price. 12. L11::S APPLY. General. Both parties recognize the applicability of various federal, state ana local 1ae:s anu regulations, especially Chapter 1 of Part. 7 of the California Labor Code (beginning with Sec. 1720, and i:cluding Secs.. 1735, 1777.5, 6 1777.66 forbidding discrimination) and intend that this agree.-..ent complies therewith. The parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor Code, especially in Secs. 1775 & 1513, concerning prevailing wages and hoer„ shall apply to this agreement as ".hough fully stipulated :ereia. 13. SUBCO:t'_'RACTURS. Government Code 553100-4113 are .incorporated `araln. 14. %4AGc RATES. (a) Pursuant to Labor Code Sec. 1773, the Director of the Department of industrial Relations has ascertained the general prevailing rates of wages per diem, and for holiday and overtime work, in the locality in which this work is to be performed, for each craft, classification, or type of workman needed to execute this contract, and said rates are as specified in the call for bids for this work and are on file witch the Public Ag_ncy, and are hereby incorporated 'herein. (b) ^hiss schedule of wages is based on a working day of a hours unless otherwise specified; and the daii,., rate is the hourly rate =ulti?lied by the number of hours co n- stituting the work-;=q ng day, When less clan that number of hours are worked, the daily wage rate is procortionately reducad, but the hourly rate ramains as stated. (c) The Contractor, and all his subcontractors, gust pay at least these rates to all cersons on this work, including all travel, suusistenca, and fringe benefit payments provided for by applicable collective bargaining agreements, all skilled laScr not listed ahove :must iia pail at least the wage scale established by collective bargaining agreement for such laijor in .he locality where such work is ':eirg performed. If it becomes neces- sary for the Contractor or any subcontractor to ecploy any person in a craft, classifi- cation or type cf work (except executive, supervisory, acninistrative, clerical or other nen-manual workers as such) for which no niriaua wage rate is specified, the Contractor shall i=ediately notify the Public Agency which shall promptly determine the prevailing wage rate tierefor and furnish the Contractor with the mini;a= rate based thereon, which shall aoDly from the tine of the initial e=loyment of ti:e person affected and during the continuance of such ec lo}:_ent. 15. HOURS OF Z2kBCR. zight hours of labor _n ena calendar day constitutes a legal dav's work, arc no wor,:r.ah e_,plolcd at any on this :cr.. by the Con_rac_or or by any s_b- cont_actor sial- ze rac;.-red or pe:-_t=ed to .:or.. i=ncer t:.ereon except as provided _.. Labcr Cede Secs. 1310-1315. 16. A?P'L" _CLS. ?rocerly irdent=ad r.preht-ces nay pe _=Icyad on - .is work in agger=az.za »_t.. :.a!;cr Coda Secs. 1777.5 and 1777.6, forb:_.._^u d_scri3zat_or_. (Page 3 of 4) (CC-1; Ra.. 1--7c) 7. PRIEE=NCC FOR MATIMIALS. The Public Agency desires to promote the industries and econo,-.y or Contra Costa County, and the Contractor therefore promises to use the products, cror ren, laborers and -Rchanics of t:iis County in every case w:.ere the price, fitness and quality are equal. 13. ASSIGN.*=.-.. This agreement bines the heirs, successors,, assigns, and representatives Of t:.e Contractor; but he cannot assign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Public .agency and the Contractor's surety or sureties, unless they have waived notice of assignment. 19. ::O wAIT7ZIR 3Y PUBLIC AGL::CY. Inspection of the work and/or materials, or approval of wore and/or material- irspecte , or statement by any officer, agent or employee of the Public agency indicatirg the work or any part thereof complies with the requirements of this contract, or acceptance of the whole or any part of said work and/or materials, or .payments therefor, or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract as prescribed, nor shall the Public agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. HOLD HAS:`:.ESS S I2:I;Z::::I:Y. (a) Contractor promises to and shay_ hold harmless and indz:.ni:-r iom use liabilities as defined is this section. (b) ;he indemnitees ber:efited. and protected by this promise are the Public Agency and its elective and appointive boards, co=ai.ssions, officers, agents and emplovees. (c) The liabilities protected against are any liability cr claim for damace of anv !rind allegedly suffered, incurred or threatened because of actions defined below, including personal injury, death, property damage, inverse condemnation, or any combination of these, regardless of whether or not such liability, claims or damage was unforeseeable at any time before tie Public Agency approved tisa i.mproveaent plan or accepted the i.prover_ents as completed, and including the defense of ar._r suit(s) or actions) at law or equity concerting these. (d) The actions causing liability are any act or omission (negligent or non-negligent) in connection with the matters covered by this contract and attributable to the contractor, subcortractor(s) , or any officer(s) , agents) or employees) of one or core of them. (e) Non-Conditions: The promise and agreement is this section is not conditioned or dependent on wnetner or not any Indemnitee has prepared, sunolied, or ap?roved any plan(s) , drawing(s) , specificaticn(s) or special provision(s) in correction with this work, has insurance or offer indemni-fication covering any of these natters, or t:at the alleced damage resulted partly =rcm any negligent or willful misconduct of any Indemnitee. 21- Contractor shall comply with the provisions of Labor Code Sec. 5705, is aaplica::_a, by su:ritting to Public agency a detailed plan showing tie design of shoring, bracing, slcpinc, or other prow-4siens to be made for worker protection from the hazard of caving ground during trench excavation. (Page 4 of ;) (CC-!, nev. 11-76) ' . ARGONAUT INSURAOMPANY HOME OFFICE: AfENL RK, CALIFORNIA � _ CERTIFICATE HOMEE OFIF ICE:iCCHICAGO,S LL NO`S COMPANY It'�.=• .)--^ ^+I �F D ARGONAUT—NORTHLYEST INSURANCE COMPANY ,..•7''���`.; '^,�� HOME OFFICE: E3015E, IDAHO INSURANCE [] ARGONAUT—SOUTHWEST INSURANCE COMPANY r !'✓ice HOME OFFICE: METAIRIE, LOUISIANA This is fa certify that The COMPAW designated above has Iss.red to Iho named insured the policy(3) enumerated below,subject to all the terms of such po(icy(s). This CcrtiLcate of Insurance neither affirmatively or negatively amends, extends or alters the covcro a uflurded by such policy s). In the event of uny materia! 't change in or cancellation of the potig(s),the COMPANI'will rf ✓r�T�y/y/�IF�,ref'�rfoJ� j�tl�e�cTr�i c�,!�h�I y�r�Uu��ryit �c����/r�iIsij4CA ,qq'1V�f/f�iiitff L'3 Ka: R JF 30 DAYS ITRITTEN NOTICE OF SUI CltNCE�UTIO.. OR REDUCTION IN COVERAGE TO THIS t, ?,HF ATL F,O E.. CERTIFICATE HOLDER AND ADDRESS NAMED INSURED AND ADDRESS • COUNTY ADMINISTRATION BUILDING • UNIVERSITY MECHANICAL & 651 PINE STREET ENGINEERING CONTRACTORS, -INC. MARTINEZ, CA 94553 400 Hester Street San Leandro, CA 94577 If certificate holder is a loss payee with respect to the described auto,check her PO_!CY I:UM.ER KIND OF INSURA14CE MJ COVERAGES I.IMITS EXPIItAT!ON C 20-342-085535 WORKMEN'S COMPENSATION Statutory EMPLOYER'S LIABILITY $ 2 000.000 each accident 01/01/78 BODILY INJURY LIABILITY $ ,000 each person — EXCEPT AUTOMOBILE ' $ ,000 each occident $ ,000 each occurrence $ ,000 oggrenate products PROPERTY DAMAGE LIABILITY $ ,000 each accident -- EXCEPT AUTOMOBILE $ ,000 each occurrence $ .000 oggregote operation: $ .000 agnregate protective $ ,000 aggregate products $ ,000 aggregate contractual BODILY INJURY LIABILITY $ ,000 each person — AUTOMOBILE $ 000 each occident _ $ ,000 each occurrence PROPERTY DAMAGE LIABILITY $ ,000 arch accident — AUTOMOBILE $ 000 each occurrence_ MEDICAL PAYMENTS — AUTOMOBILE $ each M-rson 'PHYSICAL DAMAGE—AUTOMOBILE—ACTUAL CASH VALUE UNLESS OTHERWISE STATED. COMPREHENSIVE $ COLLISiON OR UPSET LESS ; deductible _ FIRE AND THEFT S _ IF COMPREHENSIVE LIABILITY, CHECK HERE El Description of Operations, Locations, or Automobiles Covered; or Additional Coverages;or Special Condition. JOB: PROJECT $5269-926—"47" DETENTION FACILITY MECHANICAL AND PLUMBING, WHICH INCLUDES FURNISHING AND INSTALLING THE MECHANICAL AND PLUMBING SYSTEMS SPECIFIED IN THE CONTRACT DOCUMENTS. Microfilmed with board -order- PRODUCER rder-PRODUCER AND ADDRESS • PACIFIC INSU=ICE AGENCY Post Office Box 310 San Diego, CA 92112 PRESIDENTAnY SCCA[T � G DATED AT __SAN_DIEGO,__CALIF--_-_ ON ,.DECEMBER 8 1917.Ljfr f`� •r.- ts+•r�:,r"'� '_:-�si�►.r�. :idAa.s.^'.�•+..-•tt .,+++.+�• .,r;-s:..: •'v;--:✓-c.,t, .�. -- �l •n.�YfJ 1� Y�".� ��I'.T' ' •r!4'Vr!.o'. � •.'.wl<., n�.�- t •J..r rr.r] '�J.= _a::%.+.., t�.�...�wT.�r�.,-#., r+:et' I,. .•.T . T:I• t�.,�r��ll�i+i.:.. i _ ..� '.."".-j�,,►�,;,,✓r� �w.rJ` - 1� •..l';fl• :T 1 •^w}\.`••.�.t. - tT- T..f T• _.-a�:�- .w....n.r.r...:,` I.F 4 n 7 T Y I• •I: ,f I: .�• ! .I.�••,.r'\• ;T'_f, l y• 1:..•.•i.•T:N•7 n\.OifEsi GF l.Git+C'! - .�-•3i�-`'�z_-�` CO '?ANDES AFFORDING COV-ERA.^YES Corroon F Black/Carter & Higgins 3580 Fifth Avenue LErTEF, A Canadian Indemnity Company San Diego, California 92103 Y P Y COtt•QANY Mr!? B 'Alliance Insurance Com par,.-,- NAME AND AODPZSS G7 ,NSURED - TTER. C Charter. American Insurance Co. University Mechanical & Engineering Contractors, Inc. COMPANETTERYD Mission Insurance Company 400 Hester Street San Leandro, California 94577 COINPA.VY EE LETTER This is to certify that policies of insurance listed below have been issued to the insured narr?d above and are in force at this time. ca:a��NY POLICY Limits of Liability in Thousand 00 ) LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH OCCURRE&cr I AGGREGATE GENERAL LIABILITY BODILY INJURY S S s Q COMPREHENSIVE FORM g A PREMISES-0PERAr1oNS GLA 372476 8-1-7 S PROPERTY DAMAGE s s EXPLOSION AND COLLAPSE HAZARD e ®UNDERGROUNO HAZARD PRoDucr5rcoStPLErEo �- OPERATIONS HAZARD ' BODILY I;I:UR+AtiD Lu�JCONTRA,CTUAL INSURANCE PRJPERTYOAM—GE $ 250 S 250 E Q 5POAD FORA PROPERTY C04l31VED i DANIAGE LOJ INDEPENDENT CONTRACIOPS ®PERSOtJAL IMLIUP.Y •App:;rs b Pts rodue 'Comyttted S 250 s 0ptraCans Hazard. AUTOMOBILE LIABILITY BODILYINr1aY s �: (� (EACH PERSON) t,:, ,,•;,,"' L{�c�1..J C0.'.tP?cHcIvSIVE FORM, BODILYINIUPY S A OWNED GLA 372476 8-1-7$ (EACHOCCt1R3= SEN ,- II Pr20PiRTYO-:T-uE S ' t70V Q;L\EO RDO:LY L•iJU?Y-50 PROr^ERT'r 0.;::=;TE ' 250 C0'.t31t;Eb $ EXCESS LIABILITY 'DANA 1746 8-1-78 $ 50 O ler $2S0 BODILY INJUF:r 1ND C inUN.IBRELLAFDP,.i ACEI 101092 8-1-78 200 0v �,3f1 p PP.OPiRtYOs �T. S {eir Lt D OTHEP.TkAN UNJBREUA x M 835811 8-1-7 8 CD<'•'BG:ED ,5 0 0 0 �er S 0 0 ; FORM =Same terms and conditions as primary policy WORKERS,C0b1PENSATIOI`I i• , y srarurOaY r---- and EMPLOYERS*LIABILITY OTHEP. DESCR4 IOU Of 0?;R.:7:7NirL(k:ArioN:s.vEHICLES t` r. SEE ATTACHED: x r: j C:nceti3tion: Should any of the above described policies be cancelled before the expiration date hereof• the issuiTi;cam piny will endeavor to mail 3Q days tfritten notice to the be:o.. named certitf!cate holder, but failure to I mail such notice shall impose no obligation or liability of any kind upon the company.. e r:� ;h a ,o�EssascEartF:carEHOLDER: ISSUEo- December 8, 1977 - DATE County Administration Bldg. 651 Pine Street 9 Martinez, California 94553 A-Airrnf;jMPr4 Withboard order Robert M. I } 3, 9 J r�� r I r Regarding: Project #5269-926- (47) , Detention facility mechanical and plumbing, which includes furnishing and installing the mechanical and plumbing systems specified in the contract documents. By endorsement to policy numbers, GLA 372476, ANA 1746, CEI 101092, M 835811, Contra Costa County, its officers, employees and agents are named as additional insureds, solely as respects the above listed job. Microfilmed with board order 0 • 0� INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA MNR 046100 The Premium on this Bond is included in that of the Performance Bond Bond No.:............................................................ EXECUTED IN DUPLICATE CONTRACT BOND California Contract Bond—Public Work—Labor and Material KNOW ALL MEN BY THESE PRESENTS: That we, UNIVERSITY MECHANICAL AND ENGINEERING CONTRACTORS, INC. of 4464 ALVARADO FREEWAY, SAN DIEGO, CA. 92120 , as Principal, and INSURANCE COMPANY OF NORTH AMERICA, a Corporation organized and existing under the laws of the State of Pennsylvania and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CONTRA COSTA COUNTY, PUBLIC WORKS DEPARTMENT 6TH FLOOR, ADMINISTRATION BLDG. , MARTINEZ, CA. 94553 ONE MILLION, SEVEN HUNDRED FIFTY-SIX THOUSAND, ONE , as Obligee, in the sum of HUNDRED AND NO/100 - - - - - - - - - - - - - - - - Dollars ($ 1 ,756,100.00 for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a contract, dated DECEMBER 12TH , 19 7,7with the Obligee to do and perform the following work, to wit: DETENTION FACILITY MECHANICAL AND PLUMBING, WHICH INCLUDES FURNISHING AND INSTALLING THE SPECIFIED MECHANICAL AND PLUMBING SYSTEMS FOR THE DETENTION FACILITY PROJECT, ALL IN ACCORDANCE WITH PLANS AND SPECIFICATIONS PREPARED BY OR FOR THE PUBLIC WORKS DIRECTOR AND IN ACCORDANCE WITH THE ACCEPTED BID PROPOSAL. PROJECT NO. 5269-926(47)) NOIV, THEREFORE, if the above-bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee., to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247-3252 inclusive, and all amendments thereto. SIGNED AND SEALED this 8TH day of DECEMBER , 1977 UNIVERSITY MECHANICAL AND ENGINEERING ' CONTRAC RSr INC. BY: . .... _.. ..r_... .... ?�. ...�..-----_.. / Principal NS NC ANY ORTH AMERICA B . . . I ------ _ IAM Att r e - pact ............................................................... ........._......_ SB-128A i5-73 Printed In U.SA Microfilmed with board order 0� SOIL) STATE OF CALIFORNIA I SS I COUNTY OF SAN D1eC30 On this 8TH day of DECEMBER In the year 1977 , f before me MARGARET E. NK088 a Notary Public In and for the STATE OF CALIFORNIA personally appeared WI" E. SPICER known to me to be the person whose name Is subscribed to the within instrument as the Attomey-In-Fact of the INSURANCE COMPANY OF NORTH AMERICA, and acknow- ledged to me that he subscribed the name of the INSURANCE COMPANY OF NORTH ICA thereto as surety and his own name as Attorney-In-Fact. OFFICIAL SEAL MARGARET G GARET E. P�IcCOB6 S o KoTARY PUBLIC-CAU" 'WiNiA PRINCIPAL OFFICE IN Notary lic In and for the State of California SAN DIEGO COUNTY My Commission Expires November 24.1979 EIS-6733 Printed in U.S-A. Nr,rofilmed with board order , t 0 POWER OF ATTORNFS INSURANCE COMPAN i OFr' NORKTH AMERICA PHILADELPHIA, PA. Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors of the said Company on May 28, 1975, to wit: "RESOLVED, pursuant to Articles 3.6 and 5.1 of the By-Laws,the following Rules shall govern the execution for the Company of bonds,undertakings,recognizances,contracts and other writings in the nature thereof: (1) That the President, or any Vice-President, Assistant Vice-President, Resident Vice-President or Attorney-in-Fact, may execute for and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the Company affixed thereto; and that the President or any Vice-President may appoint and authorize Resident Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary. (3) The signature of the President or a Vice-President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may he affixed by facsimile to any certificate of any such power, and any such power or certificate hearing such facsimile signature and seal,hall be valid and binding on the Company. (i) Such Resident Officers and Attorneys-in-Fact shall have authority to certify or verify copies of this Resolution, the Hy-laws of the Company,and any affidavit or record of the Company necessary to the discharge of their duties. (5) The passage of this Resolution does not revoke any earlier authority granted by Resolulion of the Board of Uirector� on lune 9, 1953." does hereby nominate, constitute and appoint WILLIAM E. SPICER, of the City of San Diego, State of California each individually if there be more than one named, its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said ...................C^..DAHIEL.ZRARE................................. Vice-President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this ............29th........................... day of ..........April........................... 19..74............ INSURANCE COMPANY OF NORTH AMERICA (SEAL) ' by......e�. .j.. . ... . ' Vice-President STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On this ...................29.th............... day of ...............AP.rtl.......... ...... A. D. 19.7.4.........., before me, a Notary Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came ............ .................... ...... .........................................................C_..DlAN3:EL--DBAKE.................................................. Vice-President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to in the preceding instrument,is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia, the day and year first above written. i �-tSFrTiu� Notary Public. commission expires November 28, 1977 undersigned, Assistant Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that f adOWER OF ATTORNEY, of which the foregoing is a full, true and correct copy is in full force and effect. j �v mess whereof, I have hereunto subscribed my name as Assistant Secretary, n (fixed the corporate seal f. e �otp ration, this................$TH..................... day of ..........DEC ER 1 As slant Secretary SB•1C 7175 Printed in ti.S,A. Y CALWORNIA PERFORMANCE BOND—PvBUC WORK Insurance Company of North America PHILADELPHIA EXECUTED IN DUPLICATE BOND NO. MNR 046100 PREMIUM: $18,805.00 CONTRACT BOND Snow AU Mere by These Presents: That we,.-_......__.. UNIVERSITY MECHANICAL AND ENGINEERING -CONTRACTORS,_INC:.---- ..__......_ as Principal, and INSURANCE COMPANY OF NORTH AMERICA, a corporation organized under the laws of the State of Pennsylvania and duly authorized under the laws of the State of California to become sole surety on bonds and undertakings as Surety, are held and firmly bound unto....CONTRA. . . ...COSTA._.COUNTY ............... .............. ...........-...._._._ PUBLIC WORKS DEPT:_�_6TH FLR. ,_ADM-I N I STRATI ON...BLDG. , MARTINEZ CA. 94553.--_.- .as Obliges, ........A....... . THREE MILLION, FIVE HUNDRED TWELVE THOUSAND, TWO in the full and just sum of._.HUNDRED .AND....N.01.109-1-........... ......-....-...--...-...-....-.._-....-....-.._ ._.-....�--•-—..-D011rrs, ..........-_......), lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION is such that whereas the said Principal has entered into a contract of even date herewith with the said Obligee to do and perform the following work,to-wit: DETENTION FACILITY MECHANICAL AND PLUMBING, WHICH INCLUDES FURNISHING AND INSTALLING THE SPECIFIED MECHANICAL AND PLUMBING SYSTEMS FOR THE DETENTION FACILITY PROJECT, ALL IN ACCORDANCE WITH PLANS AND SPECIFICATIONS PREPARED BY OR FOR THE PUBLIC WORKS DIRECTOR AND IN ACCORDANCE WITH THE ACCEPTED BID PROPOSAL. (PROJECT NO. 5269-926(47)) as is more specifically set forth in said contract,to which contract reference is hereby made; NOW, THEREFORE, if the said Principal shall well and truly do the said work,and fulfill each and every of the covenants, conditions and requirements of the said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. No rig"t of schen shall accrue under this bond to or for the use of any person other than the Obligee . named herein. l� ( Sealed with our seals and dated this.._-.....:.----_•8TH .......... y of........... DECEMBER UNIVERSITY MECHANICAL AND ENGINEERING CONTRACTORS, INC. BN .L S C GkIPAN RTH AMERICA 1 i 1 By .. ............... ........ . . � .. ..._......-----.. .... ....... W LLIAM E. SP R, Atto y-in-F�ict Microfilmed with board order � 6R-120 a-1-a ` STA TE OF CALIFORNIA • �SS COUNTY OF SAN DIEM on this 8TH day of DECEMBER In the year 1977 before me MARGARET E. McCOBB a Notary Public In and for the STATE OF CALIFORNIA personally appeared WILLIAM E. SPICER known to me to be the person whose name Is subscribed to the within Instrument as the Attomey-In-Fact of the INSURANCE COMPANY OF NORTH AMERICA, and acknow- ledged to me that he subscribed Lbe name of the INSURANCE COMPANY OFNORTH ! OFFICIAL SEAL ICA thereto as surety and his own name as Attorney-In-Fact. MARGARET E. hicCOBB NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN Notary blit in and for the State of California 'I SAN DIEGO CCU t7TY J " &1y Goroais*n Expim Ncrember 24.1979 BS-6733 Printed in U.S.A. ��1F�3 f POWER OF ATTORNEO INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA, PA. Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors"of the said Company on May 28, 1975, to wit: "RESOLVED,pursuant to Articles 3.6 and 5.1 of the By-Laws,the following Rules shall govern the execution for the Company of bonds,undertakings,recognizances,contracts and other writings in the nature thereof: (1) That the President, or any Vice-President, Assistant Vice-President, Resident Vice-President or Attorney-in-Fact, may execute for and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the Company affixed thereto; and that the President or any Vice-President may appoint and authorize Resident Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact to so execute or attest to the execution of ail such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary. (3) The signature of the President or a Vice-President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may he affixed by facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal,hall be valid and binding on the Company. (4) Such Resident Officers and Attorneys-in-Fact shall have authority to certify or verify copies of this Resolution, the By-Law, of the Company,and any affidavit or record of the Company necessary to the discharge of their duties. (5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Director. on lune 9, 1953." does hereby nominate, constitute and appoint WILLIAM E. SPICER, of the City of San Diego, State of California each individually if there be more than one named, its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as.its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said ..................C_-C_j=jE:L.ZRAKE................................. Vice-President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH. AMERICA this 29.t ........................... day of ...........AgLi]............................ 19.771............ " INSURANCE COMPANY OF NORTH AMERICA (SEAL)f. .I by 0- ........................ Vice-President STATE OF PENNSYLVANIA ss. ,COUNTY OF PHILADELPHIA . I ' On this ...................29.th................. day of ...............AP.ril.................. A. D. 19..7.4....... before me, a Notary Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came .... ..... . ..................... .. .......... .........................................................C...DAKIEL..bBAKE---•.............................................. Vice-President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signature were duly a fixed by the authority and - direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to to the preceding instrument,is now in force. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my official seal at the City of Philadelphia, the day and year first above written. Notary Public. 9�A��commission expires November 28s 1977 undersigned, Assistant Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that t' alj BOWER OF ATTORNEY, of which the foregoing is a full, true and correct cop is in full force and effect. .WAtness whereof, I have hereunto subscribed my name as Assistant Secretary, n ffixed the corporate seal �► f ofp ration, this.. 8TH...................... day of ...........DEC .... .ER..... 1 ..---.................. ,, As, slant Secretary i In the Board of Supervisors of Contra Costa County, State of Califomia December 6 _019 77 In the Matter of Method of Selecting the County Superintendent -of Schools Supervisor E. H. Hasseltine called attention to a December 6, 1977 memorandum from County Counsel transmitting an opinion from the State Attorney General that the County is required to submit to the electorate the method of selecting the County Superintendent of Schools, whether it should be an elective or appointive position. Supervisor Hasseltine indicated that he would be in favor of consolidating the measure with the 1978 General Primary Election since this would be less costly to the County, but noted that candidates for the elected Superintendent of Schools' position will also seek the office in the 1978 June Primary. Supervisor R. I. Schroder suggested that decision on this matter- be deferred one week to allow consideration by the full Board (Supervisor W. N. Boggess was absent) . Board Members agreed to postpone consideration of this matter until December 13, 1977. . This is a Matter of Record only. Mat-tertecrd I hereby certify that the foregoing is a true and correct copy of oen on minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 6th day of December , 19_77 J. R. OLSSON, Clerk BDeputy Clerk Jeanr_e 0. Maas o H-24 4/77 15m 014,165, In the Board of Supervisors of Contra Cosa County, State of California December 6, , 19 77 In the Matter of Concord Avenue Extension Road Acceptance Project (Environmental Impact Report for Hidden Lakes Unit 3, Subdivision 4964, City of Martinez) The Public Works Director having advised that; a. in compliance with the requirements of the California Environmental Quality Act of 1970 an Environmental Impact Report for Hidden Lakes Unit 3, Subdivision 4964, Martinez, California was prepared by the City of Martinez Planning Department; and b. on June 7, 1977 the City of Martinez Planning Commission held a public hearing on the Environmental Impact Report and on July 5, 1977 found it to have been prepared in compliance with CEQA and state and city guidelines and found it to be adequate; and C. or•. November 22, 1977 the County Planning Commission considered the final E, :-i ronmen tal Impact Pepe,•t and found that the proposed extension for Concord Avenue is in conformance with the County General Plan per section 65402 of the Government Code; and Said final Environmental. I!p act Report having been submitted to this Board for consideration, IT IS HEREBY ORDERED that receipt of the same is ACKNOWLEDGED. PASSED by the Board on December 6, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order enured on the, mii-,toes o` said Board of Supervisors on the date aforesaid. Wimess my hand and the Seat of the Board of Supervisors affixed this 6th day of December 1977 p J. R. OLSSON, Clerk By` / C u-a Deputy Clerk Originator: Public :do:-ks Department II. Pou Lp.nci I)_�v�lo��r:env Di✓is�_o^ cc: Public Works Director Planning Director City of Martinez 66 H -24 4.,7-,' 1571.1 In the Board of Supervisors of Contra Costa Count;j, State of California pecember 6 , 19 77 In '.')e Matter o; Cali=-=nia Highway Patrol l:afiic Safety Cxrpaign irte California Highway Patrol has received a grant from the Si ate Office of Traffic Safety for a statewide campaign against the dr:i,ziking c river. Ps part of this canpaign, it wishes to display a large banner on the Taylor Boulevard overpass over Geary road. On the reg- ---!-.dation of ULe Public 1%brks Director, the Boavt? SUP�)OIUS the traffi(.: sai `y catrpaign and grunts permission to the High�•ray Patrol to install a bap-r--.:--r. The Public IZo= s Director is authorized to assist with the in— stallation of the banner. PASSI'.tJ by the Board on December 6, 1977. i i e;:-�)y certify i'!nt the foregoing is a true and correct copy of an order entered on the minutes tJ14 su;rl Board of Supervisors on the date aforesaid. Witness my hand acrd fhe Seal of the Board of Originating. Departr:hazt: Supervisors af,5xecl t:zis 6t1i day OfD--Cer r�r 19Z2— Pim'----= ti•i�r'c� Ac-ladnis -r.ati on I)i vision J. R. OLSSON, Clerk cc: Public Vbrks Director By ouo Deputy Clerk California Highway Patrol M PODS H-24 1177 15m 00667 EU A.:.;D 01: OF CO":!-P:\ CC ; '11-% 17. 7 NOTE 10 CL..1k1%1_A%:T Claiil" Collpty, The co;:y 0.), rfecumei;,- mc,�: t C "ou C;, on you"L CZn;_, Ew Routi.q, F"Idorsela-z'fits CS aa;on tLZL 5card Action. (All Sect Ion CS Sup-nulLso'-'s .'e f -7 v e,!:i crences are to California g-f-vez pu,-Lsuant to GL -,,r.njt Code Gcvcrnmcnt Co,-'..e.) 913, 5 915.4. N2, Ccne note the. "wvLLiJ" beZow. Clailmant: paulo_tte Pc!witt, 187 Rivervie%,j Drive, Pittsburg, CA 94565 Attorney: jaiac!s E. Scott Address: Lav,, Offices , Scott & Kolb, 315 East Leland Road, Pittsburg, CA 94565 Amount: $5 ,500. 00 Date Received: Noveiaber 3, 1977 By delivery to Clerk on By mail, postmarked onk,--ov. 3, 1977 via Certified Mail 'Ll'o. 5'8'_3*737 I. FRO'M: Clerk of the Board of Supervisors TO: County Counsel Amended led Attached is a copy of the above-notec�%Claim or Application to File Late Claim. DAT,':F): Liov. 3 , 1977 J. R. OLSSON, Clerk, By Deputy / Sandra L. Nielson 11. FROM: County Counsel ,-'TO: Clerk of the Board of Supervisors (Check one only) This Claim complies substantially with Sections 910 and 910.2. This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. T6 Board cannot act' for 15 days (Section 910.8) . ) Claim is not timely filed. Board sho,-.-Id take no action (Section 911.2) . ) The Board should deny this Application to File a Late Claim (Section 911.6) . DATED: JOHN B. CLAUSEN, County Counsel, By� Deputy III. BOARD ORDER By unanimous vote of Supenisors present (Check, one only) ( XX) ThisVClaim is rejected in full. Amended This Application to File Late Claim is denied (Section 911 .6) . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: Dec. 6, 1977 J. R. OLSSON, Clerk, by Deputy WARNING TO CLAIMAVP (Govern inert Co:le Sections 911.8 V-913) You have only 6 1--lotth-5 6,'L0---,-i d:c mcZt.big o@' notice to YOU K�Lthi.;l LCU-Ch to 6iZe a cou&t action on thZ5 rejected Mijn (zee Govt_. Code Sec. 9115.6) o,'L 6 montts 6pom .-%-_'hc de &it o yow-L AppZication to FUe a Late Cha un wzf"Lin (Chick to a coutt 6ot &cZEei 6.7om Section 945.41 '.6 cta.6n-'ZUng dea?d?_bie (,see Sec.t'Zon 945.6) - You may 6 eek the advice o 6 airy czttoLney c 6 youvt choice in connection tLithtfv-.s 4- �1_ -ray, you 6houZd do so bn)-,;ediateL-(. ma 7,1' you v:amt to coinu.E an IV. FROM: Clerk of the Board TO: (1) County Counsel, (2) Count), Administrator, (3) Public {'forks, Business & Services Division Attached are copies of the above Claim or Application. We notified the claimant of the Board's action on this Clain; or Application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: Dec. 6 , 1977 J. R. OLSSON, Clerk, By /1:=� V 'e ,7 Deputy V. FROM: (1) County Counsel, (2) CourtV AamilniStracor, TO: Clerk of the Board (3) Public i,.*or'%-s of Supervisors Received copies of this Claim or Application and Board Order. DATED: 1977 Ccunty Counsel, By County Administrator, By Public :'forks, By 0 C 6 Rev. -0/77 t OFFICES FFICES F I L EUI 2 SCOTT & KOLB NOV 3 1977 715 EAST t.ELANO RO^O 3 P'z=s Huso. C.&zrroEuaA 94sea �t�j1( BOARD ;L CRMO ��/ f (4f$) 432-25155 (115) 4�,2.,7e74 VIM WARD OF WCR1� '# CJQNTRA.CQ$TA,M 6 ATTORNEYS FOR CLAIMANT 7 8 FIRST AMENDED CLAIM AGAINST THE COUNTY OF CONTRA COSTA 9 10 TO: Board of Supervisors 11 County of Contra Costa 651 Pine Street 12 Martinez, CA 94553 13 14 1. The claimant' s name and address are as follows: PAULETTE 15 PEWITT, 187 Riverview Drive, Pittsburg, CA 94565; 16 2. The claimant desires notices to be sent to the following 17 address: The Law Offices Scott & Kolb, 315 East Leland Road, 18 Pittsburg, CA 94565; 19 3. The date, place and other circumstances of the occurrence 20 or transaction that gave rise to this claim are as follows: 21I On or about July 14, 1977, claimant received personal 22 injuries including, but not limited thereto, her back, neck and arm 23 when members of the Contra Costa County Sheriff' s Department used 24 unreasonable force in arresting and detaining claimant at her 25 '1 residence, 187 Riverview Drive, Pittsburg, California, and thereafter 26 while in custody. 27 4. A general description of the injury incurred so far as it 28 is now known is as follows: Injury to the back, neck and arm; 29 5. The name or names of the public employee or employees 30 causing the injury as now known is: Members of the Contra Costa 3111 County Sheriff' s Department, including Officer McCloskey and Officer 32 !! Parker; 33 ! 6. The amount claimed as of the date of presentation of this 34 t claim is $5, 000. 00 general damages, and continuing special damages 35 estimated at this time to be $500. 00; i 36 7. The basis of computation of the claimed is as follows : -1- 9I006 9 Microfilmed with board order I 1 General damages based upon the elements of damage included in the 2 definition of general damages. Specials are estimated based upon 3 treatment rendered and being rendered through the Contra Costa County 4 Medical Facilities- 5 5. I, James E. Scott, the undersigned, am a person presenting 6 this claim on behalf of the claimant above named. 7 DATED: October 31, 1977. 8 9 Law Offices 10 SC T & ) OLB 11 12 13 J S 14 tto ney for Claimant 15 16 i 17 18 19 20 21 22 23 24 25 26 27 28 29 C a 30 r � e 31 v 32 < 33 > u 34 � f7. 35 II r � + 36 Microfilmed with board order j °OARD O'' SUPER", " 't't:^.S CS: COQ:FRA C TA C01!-M-, CALTr,):;,NTA 3 :_t1) 4_21-1IQ_i i vy. , l,7 - =J NOTE TO CLAI!L1\T Cla,m ..,'?rust the County, ) Th c-c,- i U6 .t'tL C1 E! 't r:a,,_ 'L -to you tis Ro-".tin:`Fndorsements, and ) mi ttC.^ G� the aC'tion tahci, oil �VlL'L CJ_'.v:� b!, Board Action. (All Section Cj SLt��Lv.i o-✓, {rak:��a,�(i III, be%our}, refer--n.--es are to California ) giveii pulusuant' to GC've.,j!rieiLt CodeS:_ '_.((C;�s 911 .S, Covernment Code.) ) 913, 5 915.4. Hcase notC tke "teat;Li.Ytg" beto!!'. Cit ic:,ant. P,, __al0- ::. :bell and LeAnn Rochin, 10 San Luis Court, ;-,alnut CreeI., Cr Atto. . )•. J?:._e� 3onjour, Jr. ,..,ss: ,., •,ur, ouci:, Stone w Reiner, Attorneys at Law, 24301 Southland Dr. , 203, Ha-,.-ward, CA 94545 ,I -cunt: Uncf o '-ermined Via County Counsel b = _ Received: 1loveniber 10, 1977 By delivery to Clerk on Tovember 10, 1977 Received: B=• mail, postmarked on I. FROM: Clerk of the Board of Supervisc•:•s T0: County Counsel A:: nded Attached is a copy of the above-note,,Claim or Application to File Late Claim. ' F/� DATED: Ilov. 14, 1977 J. R. OLSSO`I, Clerk, By t/ ,'/ ��ij/,,, ���j. 1( ,- � - , (/,�j ,,�:,r Deputy man a 1,: rNelson 11. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check one only) ( ) This Claim complies substantially with Sections 910 t`'iid 9102. / C f ) This Claire FAILS to comply substantially wizh Sectiol?cnlQe„and 910.2, and :.e are so notifying claimant. 1--e Board cannot act for IS day;'"(Sedtion 910.8) . ( ) Clain is not timely filed. board should to?:e no action (Section 911.2) . f ) The Boar.-1 _-ry :is ;lication to File a j.ate Clairit (Section 9!1.6) . D.,VYED: E ,) ” M:OHN B . CLAUSEN, County Counsel, B} � f �� „ , DeputN l III. BOARD ME.. By unanimous vote or Supervisors present (Czec:< c;. only; ,XX ) T:�sYC _ ..t is rejected in full. ALnendf,d ( ) This Application to File Late Claim is denied (Section 911 .6) . 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. �Q�� DATED: Dec. E�: 1977 J. R. OLSSON, Clerk, by t-� •��%l/%(/� � d.�. � Deputy j` Sancfr?! L.- ;nelson _ WAR-VING TO CLAI`•NNT (Covernment'Code; Sections 111-8 913) You ;lave. oYLL. 6 [.'T ntrI.s 8,tom .trte ma,C-eC.g C'6 t:As iioZECe co you L:r(.t;LCiL [iiLiC1Z .to 14 ' 'c a ceww �zczieYi on this -%eject-d U'a_in (see Govt. Code Se.c. 945.3) o.y c iront;Ls jrLom the dv_n.LTZ o� you,% Appti.catiion, .to Fi-'e a Late Uaim within c!r;1.Zch to rct-iti.on a court Sok Aetic Ptoin Scct,i.on 945.4 's cfa,im-6.i.elbig dea(,Unc (.see S_ct i.cn 946.6) . YCU may s c e_2 tJic advice o' any a,t to' ncy o j fom c,'ioice in coY.)tect, Uon Ecit i tflis r'zttc".. i t!oLt i42►^.t to co;,,suE} aiia et-tC'`i:C?L!, you s,'zoul'd do sU U'1ltiC �RtCC[/. IV. FROM: Clerk of the Board _ TO: (1) Coun;.y Counsel, (2) Couaty Administrator, w (3) Pu'-,lic }'r'orks, Business 4 Services Division are copies of the above Claim or ADD: iC.1%ion. .tie not the: .claimant --_-', s action o. this Claim or Application by mailing a copy of this a mend th,=eof has been filed and endorsed on the Board's copy of this Cla vi 4n accordance wig`,. Section 29703. L?=t :D. ?��r l 017'7 J. R. OLSSON, Clerk, BY ,1,� i� Dep�rti. V'Sn ;Ira l,_ f .�T� .,� i V. FROM: (1) Coun-,- Cour.:;el, County Administrator, T�;: Clerk of the Board (3) Public i:orks of Supervisors Received copies of this Claire or Application a^r Boa-rd nr ;� 6. e;77 County Counsel,. County Administrator, By Public: WorKs, by ;�7-, _ t RECEIVED TO: Contra Costa County 1,10V $ 1977 f Department of Public Works Martinez, California courmr COLln5EL CALIF. AMENDED CLAIM AGAINST COUNTY OF CONTRA COSTA (Pursuant to Government Code §§910 & 910.2)1 Gentlemen: Pursuant to Government Code §§910 and 910.2,., claiman'ts; ..RONALD CAMPBELL and LeANN ROCHIN, amend their claim against the County of Contra Costa for damages suffered in an accident which occur- red on September 11, 1977, and allege the following: 1. The claimants names are LeANN ROCHIN and RONALD CAMPBELL and their post office address is 10 San Luis Court, Walnut Creek, California 94596 . 2 . The claimants desire that notices be sent in care of: BONJOUR, GOUGH, STONE & REMER Attorneys at Law F I L A Professional Corporation 24301 Southland Drive, Suite 208 NOVIu10 Hayward, California 94545 77 Telephone: (415) 783-5100 J. P. OL350v CLERK BOAkL) O SUP�-RVJSORS 3. Date of accident: September 11, 1977 co.NrR . co.%TA'co. IL trn.o� 4 . The names of the public employees causing the injury are unknown to the claimants. 5 . The amounts claimed are impossible to estimate as of this date due to the fact that the injuries have not yet stabilized. 6 . Claimants allege that the County is responsible for main- taining the roadway of San -Luis--.Road and Larkey Lane at their intersection in the City of Walnut Creek . They further allege that a dangerous condition existed at said intersec- tion, namely, that on September 11, 1977, drivers of cars proceeding westbound on San Luis Road were blinded by the sun and could not see cross-traffic. Claimants further allege that this hazardous condition has existed for some time and the County knew or should have known about it and taken some steps to post the condition or remedy the hazard. Failing to do so constituted negligence on their part. A copy of the police report is attached hereto and incorporated herein. D-s JULES F. BONJOUR, J . W_G'i2 Attorney for Claimants Mucron umed with board order Fl 01 C NO. RILL(D N A N C HTY ►(►ORftvo DISrRICr o„ Sig., r_ -o U IHT L � M . TwlElzbaooolI OFF Imf 137 All ul nCo.� 7 T010 AWAY t! SrAr_ HwT J Oa: 5 ❑hD ❑Y!D � MOr 6C, • R . l\ ARTY HA 1.43 . MJDLAsr) Aoo N JR IviR OH1.=?'3 LIC pSE n0. STATE BIR•NDA SEf RACC Iff PHO. •COE S- ti/ J L �� A• 1 °• 1 YV �• I i \ f �� � r .►IAN VEHICLE YR. •.IA4C ^aH3( NO. S:AfE OrMER'S NAMa• yt SAM[ AS AIVEa YEN. OIREC IUN 011r. r1E[r C NjcH2 OWNff'3 ADO;t[33 K)I iAML AS 0i1VZN ❑ 7 AVEL 1•yl - f ❑'IST SPE13LIIy1T DI SP°SIr�ON Or VEHICLE p B• pals=R ON ONOER3 Or VEHICLE DAMAGE YIOL4710K-CHARGED ✓ Cl TENT 1 LOCATJOW _ Jin EN f I�+�T771`vI` MINOR U MOD. ❑ ❑MAJOR'p TO:AL ARTY HA I;-Sr•MIOOLE•L' srRZEr tss ) PIVER' pr�1v_q 3 L CEISE 110, )5-.ATV' BiRrbOATI! Snl NACE C TT SAfr. PNO'fE �JAL 1 ,9 Lkk VEHICLE ra. MAMA LICE 3E]k n0. Si Arf OW.11 R•S NAME 9 5AMc AS D?.IV C.N •BRED V DtNCCTtOh OrI Da/i-+e-Y3 (57. N HIGHWAY) OWN!R•S ADDRESS SAME AS ORIV_a TIL C •CLI]T 3TC EO LIMIT OIS 031f1UN Or VEHICLE BY ORIVCR Ea VEHICLE DA MA.:f VI'LAi IJV MAR c ❑ / �y�yjj�� �rr.111 �Iy�_ry) (ITENT LaCATION IT HER "•TM�� �� J\ p MINOR MOO. ���•T�'•` ❑ Y•�� .r-1'�.J'�'� Y p MAJON p T01AL z > DEscalPrio.4 Or OAMAaE t hi C OOWNf R'3 NAME AOOR£SS ).'Jilt IED -- n pye3 (3 M, WITNESS EXTENT OF INJU;lr INJUREO WAS(c;l.tc t one) IIJ ONLY AGE SEX tATAL SEVE'PE WOUND 07HER 41316L: I BI. VEH. INJURY OIST04TEO Mc Ma_p INIUHIES ! COMPLAINT OF PAIV DRIVER PASS. PEO. CYCLIST Orn-`A NUM3E. ❑ ❑ e� i ❑ ❑ ❑ p r N MA.y� PHONC tl N AODRE55 t� z 111 U1/2•.LJ O L'NJL :i VLT) �7�J ❑ I 164, ❑ xl ❑ Cl 1 ❑ ❑ I z. u NAME f 1 PHONE ADOa;55 ZZ L,7 Plulfzl, AM^y IV)UR 2D J ) NAME —l) ✓ - _ ADOa_53r—� NL.V��LY, O ETCH MISCELLANEOUS IhDI ATE No fH V S G J7IiJ .r.lj � 112- •_ VEHICLE i YPc_ PARrY I 1 PARY7 1 ROAD TYPE �t A CONrt9Y10N AL, ort WAY V 3 j B COVr!nfloRAL. Two WAY C r=r RC31-AT w ( E o'NVf fffV:'tAl+ NAHA.TrV CHP S35 (REV 11-71) Microfilmed with board order 1 10111 u r1r�:a t�1-� --�.L�M1-�. 7 Y� .� }^VCUt_.t ,Jlil Jill, •i�� v t#� C�.3 t I f� �F�t�L `SA S t s �, _ '" t� Q s q rL ,� Z� pill Z 11 C�__I�?•Y'r PRIMAR? COLLI:;-OM FACTOR RIGHT 02 WAY CONTROL 1 2 J 1 T Z 3 4 I I,1OVrX.GMT PREC=O A VC SECTION TLI ?` ` A CONTROLS FUMCTtOhINTYPE 07 VEHICLEo COLLISION VIOLATION p CONTROLS POT FUNC710hIHG A PASSENGER CAH (INCLUDES STATION WAGO:.1 A ST 071E0 B OTHER IMPROPER DRIVING— C CONTd OLS 095CURED B PROCEEDING STRA) C OTHER THAN DRIVER` _ P PASSENGER CAR W/TRAILER D NO CONTR7L5 PRES.N7 C HOTORCYCLC/SCOOTlR C RAN OFt ROAD D UNYNO"N` TYPO OF COLLISION D PICKUP UR PANEL TRUCK D )AAAIHG RIGHT TURP: WF ATN�•T A NE=OroN E MAKInG LEFT TURN PICKUP 09 PANEL TRUCK A CLEAR El SIDESWIPE E W/FRAILER F MAKING U TURA B CLOUDY C REAS ENO F TRUCK OR TRUCK TRACTOR G DACX)NG C RAINING D DR0403109G TRUCK OR TRUCK TRACTOR H SLOY.IMv-STOPPI_- W/TP.AI Ill D S:IOwth6 E NIT 031Ecr FIA TN_R VEH"E FOG F OVERTURN.D H SCHOOL BUSLAMES i OTHER BU3F OTHEP G AUTOrPEDESYRIAN AHZUV*R H OTM�'RJ EMERGENCY VEHICLE HIGHWAY CONSTRUCTION TRAFFIC A OAYLIGH7 MOTOtl VEHICLE INVOLVED HITH hCQUI7MEIIT .LDt.t:,}4 IHG STH(/ B Dill -DAWN A NON-COLLISION L BICYCLE PR KATE DRIVE C DARK-STRE!7 LIGHTS B PEDESTRIAN M OTHER M OTHER UN3ATE TU-_ D DARK-HO Sid E£T LIGHTS C OTHER MOTOR VEHICLE 1 ` 2 13 I• OTHMA A360CIAT30 PACTOTI CROSSED INTO 077_ I IF AAK DME TO TYR[( ITCM3) E DANK-STREET LIGHTS MOT D MOTOR VEHICLE ON OTHER ROAD wAY LANE IUMCTIO.•a 1 NG t •. E PAa K-ep MOTOq VEHICLE E.a{V�:Y.,. VC SECTION O PA7KCO ROADWAY SUHWACC !:='i•: A VIOLATION F TRAIN �•'t •� A DRY ^.1 VC SECrID4 G BICYCLE ).-•_� �'"-' B VIOLATION Q T4 AyE tl:.v:v P,O�S V B w£r —If AhIMAI E•- VC SECTION OT!!ER C SNOWY - ICY (!IA C VIOLATION D SLIPPEPY 114JODY. OILY. CTC.) FIXED 03JeCT \'C SECTION ' 2 3 A 3!al•HI CTY.OwVo-T?:Yf D VIOLATION f to Ai4 Gni TO TrtEE ITE ROADWAY CONDITIONS Iu.4K 0Yi To TMV.[ 1It-Is OTHER Oa:ECT �j IS IONCUR<<•_Vfi A m^3,N-JT BEE:! GRIN A HOLES, DEEP PUTS J / .�i._� _ 0 fibJ-UMOF7, (!+FLU K 07ME►_--.-_-- F INATTFNTIVh D LOCSE MAT ERI►L ON ROADWAY- .OA O'r AY C H9a-J•OT UNO ET. C 09STPUCTION Or POADWAY PEOESTRIAv'S ACTION G STOP E GO TRAFFIC L IJ.%LUENCE D CONSTRUCT 00.%-PEPAIR :ONE A NO PEOES:Pl INVOLVED 11 [LATER IY.'./LEAVIW. ?AMPD HSC- lurAtR�EhT L. E REDUCED YOAJWAT "10TH p CPOSSING I\ C.�OSS"ALK AT I PREVIOUS COLLISION INTERSE C 7IJY E UNDER D?UO INFLU F FLOOD FO J UNFAMIC I;.q W1-H YOAO CROSSING tN CA75Sw7LK- NOT AT DEFECTIVE VEHICLE OrP.iPL .? HY31CA G OTHER C INTEPSEC.ION F K ECUI7vE hT IN?AiRNE.HT' H NO UNu SJ AL CONDITIONS D CROSSING - NOT t♦ CPOSSOALP! --`--'--'—'-- I. UNINVOLV;O VEHICLE G 1,ApA1VEHT RNOr K E 1N ROAD - IhCLUO_S SMOULDFP - 4-- H NOT APr!ICA3Lc F NOT tN [JAS r{+IOrn:x• 1 1 f A►7POACMIYG/LTAVING NCMOOL 'fUt N NONE AP7AP.°NT ..vc TIGAT-D B'f I.D. NU`a IEA INVF .. .. i 1rM i:` Microfilmed with board order •iC/AL CoNJ1r:00.3 No. INJ. N ACarr JUDICIAL olsfoler 117. FELONR Y - . NO. AILLEO N❑DR COUNT/ - IEPORi1N0 OIS7RICf [[AT � M. 1 z COLL1310N OCCUNREO OnAI O. DAY Tit. TIMi124uo) CII NO, O//IcER I.D. V ❑AT INrER3ECrIJN V•Irtt 1.YJUNY.fArALOArow AMAX STATE n�PY 0 Oq; FEET/MILES OF IJ YES ❑NO ❑TES ON Y hAM� FIIa3r. MIDDLE. LAST) sipicr ADJgE33 J-grIt..J^ m� L1 A 21 mal--'r✓C�1 { �J RIVEN UNIYEH'3 LICENSE h0. STATE 91R nDwi SEX :IAC[ clrr f STATE 1 AA Oil a-17 1 •Oc5 VCNICLE Y.T. MAKe LICENSE NO. • SrATEA Ov/hER'S NAME SAME AJ-k ER PON l]Kf'o ✓ -/ �-!c/�C"�.�i [h• OINECTIOh 0/ ON/ACA•:. ISrRE[7 D7 N' NMA') Ow�N!R'3 ADDRESS / SAME AS D.t1 V3;R ❑ TP.AYEL r� 81- I CLI3T SP£cO LIM/•r D13POSITION OF VCNICLE 13 by ONIVZR ON OrIDe93 OF VEHICLE OAMAGE ,• VIOLATION CRARGED ❑ KXT[Nr 1 lOCAT10!4 -TNERis-Ml;lOa❑MOD, I•/y+� i ❑ --L",- : .mI Jo�) - ❑MAJOa ❑TOTAL: j-�V Z ►RTX FAME if IR3T.MIODLE.LAST) SrRCEr ADDRESS i1VER ORIVEP.'3 LICEH3E NO. STATE 81arhDA.f Six PACF CIry STATE pROT� MO. 1 DAY I YP. NIR»•• VEHICLE TO. MAKC LICF143£ NO. i STATE OMNCR'S NAME. 1 SAME AS DRIVER - .RKEO DIRECTION OF ON/ACROSS (STREET OR NIGHMAYJ o-mt;t'3 ADDREss f•Y SAME AS DRIVER TRAVEL _ lJ B 1- 'CL)3r SPEED LIMIT DISPOSITION or VEHICLE ❑OY 11.41VER 0:1 ORDER3 OF VEHICLE DAMAGE VIOLA lON CHAACza ❑ EXTENT 1 1.0CATIOR TH£R ❑MIHOR❑MOD. 1 1 ❑ ❑MAJOR❑TOTAL 1 2 - DESCRIPr10Y or DAMAGE CJ IL OwhER•3 NAME AODR:53 I NorlflCo 0 C �� ❑YE3 ❑.. IL 1 EXTENT OF INJURY INJURF0 WAS(ch,--ck One) IN wITNEs3� AGE 5EX ( VEH. pHLY FATAL SEVERE 1<OUhO I OTheR YISIl LE COMPLAInT OF PAIN OPIVER! PASS. PED. !fl c INJURY OtSTO-TED M-v3Eq IM)U-I!S CYCL;Srt Ola Ea NUNH... i I C C ' ❑ ❑ ❑ ❑ ❑ ❑ ❑ N (J /TRKrJ ltRJu c 112-1 cJ O: jAJDRCSSn EN x / F �U ❑ ❑ 0E ' I ❑ ❑ 1 ❑ 1 ❑ I ❑ ❑ VNAME rH ONE A O 0.t_35 TAKEN TO INJURED ONLY) z ❑ F-T ❑ ( ❑ ❑ ❑ 1 ❑ 1 ❑ ❑ ❑ NSME PROn2 AucFZSS TAKEN TO(lmA;;?CO ONLY) ETCH 1415C EL L ANF OUS 0 • INDICATE - NORrh VEH1CL2Z TYPE I [PARTY ) PARTT ROAD TYPE A CO.•1VENrtonAL.ON! WAr • D COYVEyT10NAL,TWO NAY C Cx PRE33.0AY `V / U fP!ENAY -TE-OTHER (r1PLAIv IN NAR.vATI_ +JJ • Microfilmed with board order _ ` L-t C-�i t'[' i� '��'t`�-� .► �-' t^� `moi T2- MAhAL hj ---�.}f T^'' •' '1""F ,�+✓t�Z� �'1',,, _ t -0 �um w -I- If ff- --lr2 PHI"ARY COLLISION FACTOR RIGH r OF wAY CONTROL 1 2 7 4 1 z S K MOY tF"L'M7PRrCC_ A VC SECTION A CONTROLS FuNCTtONIN. t'YF'L-01 YtEK/CL.F' COLLtstOH -J VIOLATION B CONTROLS NOT FUNCTIOXtNGA PASSENGER CAT A STOPPED (INCLUDES STATION WAGON) OTHER (MPROOIR DRIVING- C CONTROLS O35CURa0 R PA34ENG[N CAk W/ LEP 9 Y:16GE EDI;/G S7RA-_ C OTHER THAN DwtvrR• D t+O CO N7RDt5 PSE 3?N7 C MOrORCYCtc/SCOOTER C RAN OFF ROAD O U}IANOWN- TYPE OF COLLISION g PICKUP'OR PANEL TRUCK O mAKtR4 RIGt r'TU3.- HEATH�'IR A H:AD-ON E MAXIM. LEFT TURN PlCY.UP OR PANEL TRUCK A CLEAR B SIDE Sw I?Y E W/YRAIL[R F MAKING U TUTM 8 CLOUDY C R£AN END F TRUC,.K*OR TRUCK TRACTOR G BACXING�- C RAINING D 8RDA03t0E TRUCK OR TRUCK TRACTOR StOwt G W/rRAIL£RIS3 K rtG-STOFPtNt D SIOWMGE NIT 03I£CT H scxaot Rus 1 PASSING OTHER Y:-"- - - E FOO F Ov4R7LIRv EO ,J CHANGING LANES F OTHER G AUTOPP£De47RIAv 1 OTHER Otis 1` PA3N KIN0 XIAEUV ER LIGHTING �= H oTNEw- CMf RGENCY Yi"ICLE •�-'� IIID H:r A DAYLiawT NO TON VaH}CLE IN V3L'lc0 LITH AY CONSTRUCTIOv F_NTERfHO TRAFFIC K EDUIPN9 NT L TROAA SHaULu£R-M IAN,PA;!YIXS STRIP 6 DUSK-OAWN A NON-Co—StaN L BICYCLE PR'IVATE OrIYE C DARK-STREET LIGHTS IB PEDESTRIAN M OTHER — —a, to OTHER`UNSAFE TU=- D DARN-NO STREET LIGHTS C OrNER MOTOR VEHICLE 1 I Z 3 4 OTx In A31310CS A-r:'.O FACYOI. CROSSED INTO DPP_ fMAPt E DARX-STPE ET LtaNT] NOT O MOTOR VEHICLE 0.4 OTHER wOAp wAY Oa[ To TN.tE[ {TZ-SI � LAMS FUNCTIONING t-t YC SECTION E PA4910 MOTOR VEHICLE a-�' ROADWAY 5UR*IACaW � '�.� A v1oi AT toN — O F'AR KZ? F TRAIN _ P.MERG txG A CRY f - VC 3ECrtON G OICYCLE 3' --Sr.• B TPAV? IHC-YR04 V }i L�:�.�'�- YtOLi7tOv _ D L B WET ANIMAL 1'yi.Y l VC SECTidvOrNER N C SOwY- ICY ti 4F> f;. P. C YIOLAT tOH O Stt:-PERT (MUDDY, OILY, ETC.) 1 FIXEO O3JiCT T =�^y,.r( VC SECTION 1 2 1 4 Sa��r�.'0J„UD-FLAYS. O YIOLATIOv to AR4 O»£ To T.Rf- IT.- ROADWAY CONDITIONS �'-�'�'� IMAUn Oht TO TN4E£ ITEMS) OTHER 0]JEC7C VISION D'JSCUNEMEftTS A PAO%OT GZEx ORIN A NOL F.S, DEEP CUTS 222 - O NSD-U:+flEK INF tL' D L0031: MATERIAL ON ROADWAY H OrHER _____ _ F' IHATrCNTION C H3O-Nor u."E7.- C Ob STRUCTION ON ROADWAY PFOESTRIAV'S ACTION I G STD? 6 GO TRAFFIC fNF LUENCE II CON 57R UCl/aN-REPAIR ZONE A NO PE.ESTRIAN INVOLv ED H ENTERING/LEAVING PAMP D I:iaO- IINPA+RM=nT U,y KYOW r' E REDUCED ROXDV}AY WIDTH B CROSSING IN CRO55'++ALd AT t P?EYIOUS COLL75 tOv i N7 ER SECT/v+ JF UNDER DRI,IG ;.FLU- F� FLOODED J tths AMILIAR WITH P.IAO CROSS+hG F IN CR35S—:.A-NOT AT "FCTIvE V-h1ZLE OTHER f- PT3ICAL G Cir.ER C INTERS-ZTf0N K f-QuIPM=NT IAIYAIRVEHr- M NO UNUSUAL CO»Ot7:0-+3 O CPD 45tvG- h]T 2h CPS 55-ALX L USINVOLV�EO VEHICLE "?'AiR-IZ-Ir NOT X: JN AOAO- I-CLUDeS S-OULOSRNOF AYPLiCABLC F NOT IN POAD M OTN-f-- G AiPPOAC•++NSFLEAV!++ SC»DOL SJS P} NONE APPAvr Nr INVi 'TIGATED UY _ I.0. Nt2PA3III /"IVESrI•SATFO SY I.D.vuM3ER }tEVIEWSO3IY v / -LXYtAI a IN NA3AATIYE " \� �!1-4 Microfilmed with board order Ir fai s� wCIC rrrriw oh R/CRw f•w, rsllw �'`� — • ,. 1 .�- 3.e. 119071"" 17,3 —•1 At•1..MLASU7i�h+Y»T�Aia Yc Ao�NpX/MATt AMd tvOT 70 SCALi UIsLES3 5?A7E0 j3CAL£ tI I I I 1 t y j 1 ` C)/ pit STo7ll7 f ' .. � • b _ - .wcfCwT. c /a• tares fb Tj t ! rt t t ttttFtEtl t EtttEtttt titEttFFt t tFttittt' Microfilmed with boo-rd order 4f/hwf Ml OVf 6 -' - rCheck on*) /y 1r ,�7'iAHHATSVR CONTINUAT14ti TRAF7TIC toGwrso..J�vra�tC► cs7ts 7tow wwrraw OLLIS!ON RL'i•ORY(cw.sya o:r»arse 0 '$UM3•LEMIlZNTAL.TpAF PlC COLI,.!'SION is i:MO NT(Grw a••o_aas-�sj y t •+t+T 0 OTNEMi twT/couwry wr.o+Tlwo os•iw•cr -7-t)4; 1 2 -Z.. t� fZ �y f1 kj rte_ � Jnr Jr,.��� °.� .�..1� .,.___.��' • � _ r Tp£MApEO !3Y 1.0.f7 UMtfkfa p3aCPAf7F,0 R£.VIFW*.D - Af•aftOV£O t3Y l.O.ttUMrs.*Pf AarPOV R/>•nwM �- � -- �_ � _-T•-4- M0. OAY T� _KJMwnN Microfilmed with board order ➢ ! — , In the Board of Supervisors r OT Contra Costa County, State of- California December 6 77 In the Matter of Approving Deferred Improvement Agreement for Subdivision MS 89-77, Knightsen area. The Public Works Director is AUTHORIZED to execute a Deferred Improvement Agreement with E014ARD FIRPO, et a1 , permitting the deferment of construction of permanent improvements required as a condition of approval for Subdivision MS 89-77, Knightsen area. PASSED by the Board on December 6, 1977 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: PW (LD) Witness my hand and the Seal of the Board of Supervisors cc: Recorder (via P.W.) affixed this 5th day of December 1977 Public Works Director Director of Planning J. R. OLSSON, Clerk County Assessor Edward Fi rpo By � �°e�zw , Deputy Clerk 733 2nd Street N. Pous Brentwood, CA 94513 Ft-24 4/77 15m 00Fl.k1 J In the Board of Suparvisors of Contra Costa County, State of California December 6, , 19 77 In the Matter of Approving Deferred Improvement Agreement for Subdivision t-IS 90-77, Martinez area_ The Public Works Director is AUTHORIZED to execute a Deferred Improvement Agreement with PRO-LAND DEVELOPMENT COMPANY, A Partnership, permitting the deferment of construction of permanent improvements required as a condition of approval for Subdivision MS 90-77, Martinez area. PASSED by the Board on December 6, 1977. 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: PW (LD) Supervisors cc: Recorder (via P.W. ) affixed this 6th day of December 1977 Public Works Director Director of Planning J. R. OLSSON, Clerk County Assessor By_ � ! , Deputy Clerk Pro-Land Development Co. ?.. ae us 1251 Springbrook Road Walnut Creek, CA 94590' FI - 24 4/7715m �, � In the Roam of Suoeryisors r 28 732 01 ^' Contra Costc County, State of Calirornia D3cember 6 ' 19 32 In the Mart-r of Trending the September 20, 1977 Board Order authorizing execution of Subgrant Agreements with Forty-Seven CETA Title VI PSE Project Subgrantees The Board having authorized, by its Order dated September 20, 1977, the Director, Human Resources Agency, to -execute Subgrant Agreements with forty-seven designated CETA Title VI PSE Project Subgrantees, including the City of Antioch, Martinez Unified School District, and Antioch Unified School District, for full implementation of 122 Public Service Employment projects during the period June 20, 1977 to September 30, 1973, and The Board having considered the recommendation of the Director, Hunan Resources Agency, regarding the need to change the project payment limit amount and number of jobs authorized for certain PSE projects conducted by the City of Antioch, Martinez Unified School District, and Antioch Unified School District, in order to reflect recent progra—atic and budgetary adjust- ments made in accordance with guidelines established by the County rLnpower Advisory Council; IT IS BY THE BOARD ORDERED that said September 20; 1977 'Board Order is HEREBY AMENDED to change the amount of the "Maximum 12-Month Project Payment Limit" set forth in the "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart" for Projects #170 and 11=171 conducted by the City of Antioch, for Project #146B conducted by Martinez Unified School District, and for Project x`116 conducted by Antioch Unified School District; to change the "Number of Jobs" set forth in said Specifications Chart for said Project x:116; and to change the amount of the "Maximum Subgrant Agreement Payment Limit" set forth in said Specifications Chart for each of the three aforementioned PSE Project subgrantees, as specified in the attached Amended Specifications Chart, while all other parts of said Board Order remain unchanged and in full force and effect. PASSED BY THE BOARD on December 6. 1977, 1 hereby certify that the foregoing is a true and corrett copy of an ordef entefed 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 6 Grants Unit Supervisors cc: County Administrator affixed this 6th day of December 1977 County Auditor-Controller County Manpower Project J. R. OLSSON, Clark Director nn Subgrantees By Deputy Clerk Ba=e 0. l.�� O RJP:d H - 24 :117 15m Contra Costa County Standard Form t SUBGRANT AGREEMENT (CETA Title VI PSE Projects) A _ i Number s�J I. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County) , for its Department named above, and the following named Subgrantee mutually agree and promise as follows : Subgrantee: CITY OF ANTIOCH Capacity: Public Agency Address: P.O. Box 369, Antioch, California 94509 3. Term. The effective dat5 o th* Agreement is July 20, 1977 and it terminates July-19-,- 1978 P unless sooner terminated as provided herein. 26, 4. Payment Limit. County's al payments to Subgrantee under this Agreement shall not exceed $ 177,442 5. County's Obligations. County shall make to the Subgrantee 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. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. 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: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following Legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) , as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE ByBY Designee tephenThatc er Cit Man er (Designate official capacity in public Recommended by Human Resources Agency agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution authorizing execution of this Agreec+ent) Designee Attest: City Clerk (Designate official capacity) BY '-&—,C , (Form approved by County Counsel) Dated:Dorothya 4arks Microfilmed with board order 0�� C�� Contra.Costa County Standard Form PAY2•B:.'T PROVISIONS (CETA Title VI PSE Projects) 2 Number 8 - ` 93 ^' 1. Pavment Basis. County shall in no event pay to the Subgrantee 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 o�%,ment to Subgrantee for all services and program activities provided under this Abrec:_'ant shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Subgrantee's obligations under this Agreement. .2. Pavment Amounts. Subject to later adjustments in total payments in accord- ance 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 an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with 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 Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly 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. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. 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 monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to 'withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee 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) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by Count: pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: S(Alyf rantee County Dept. - 1 - Contra. Custa County Standard Form PAYHENT PROVISIONS (CETA Title VI PSE Projects) Number 2 7 2 •- 7. Audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee 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. (Pa)ment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee 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 Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee 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. Subgrantee 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 Subgrantee's failure to perform properly any of its obligations under this Agreement. V'— Initials- Su grantee County/Dept. 006M - 2 - Contra -Costa County Standard Form GENERAL CO.IDITIONS (CETA Title VI Subgrants) r, , 2 ` � tiumbe 1. Comoliance with Law. Subgrantee 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. Subgrantee'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. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement 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 Subgrantee, may terminate this Agreement should the Subgrantee 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 Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. o. Entire Agreement. This Agreement 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 Agreement 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 Agreement, 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 Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement 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 Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. S. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee 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 Program Operating Plan may be amended by a written administrative amendment executed by the Subgrantee and the County Administrator or his designee, subject to any required State or Federal approval, provided _..,t such administrative amendments may not materially change the Payment Provisions or the Program Operating Plan. 0i.1Ut7 initials: Su grantee County Dept. Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) Number f 9. Disputes. Disagreements between the County and Subgrantee 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 State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement 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 Agreement 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 Agreement be adopted or revised during the term hereof, this Agreement 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 Subgrantee'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 Subgrantee's obligation to fulfill this agreement 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 Assi-Anment. This Agreement binds the heirs, successors, assigns and representatives of Subjrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement 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 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. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any merrb._rs of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee 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. Subgrantee 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 Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and : ill not be open to examination for any purpose not directly connected with the administration of such program. 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 admin;stration of such program. Subgrantee 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. Subgrantee agrees that all services and program activities under this Agreement shall be available to all qualified persons regardless of age, seg:, race, religion, color, national origin, or ethnic back.-round, and that acne shall be used, in whole or in part, for religious worsT:�7 or instruction. 0 6.S Initials: Su edie County Dept. -2- Contra Costa County btandard rorm GENERAL CONDITIONS (CETA Title VI Subgrants) Number , ! 13. Indemnification. The Subgrantee 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 Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for ourned and non-owned automobiles, 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 Subgrantee 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 Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 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 the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, :fartinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee'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 and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: Su rantee County Dept. -3- SPECIAL CONDITIONS (CET1 Title VI PSE Projects) Number,;.d 0 1. Compliance with Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title VI of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 o` the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. Project of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency :•lanpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars) , County may deduct the amount of such unauthorized or illegal expendi— tures from payments otherwise payable to Subgrantee in order to recover any amount e::-)ended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici— pant, including Subgrantee' s staff, or to expend less during the effective term of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department' s Secretary after it has been determined that such repayment is required iron the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination) , subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. C. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County`s sending of notice thereof to Subgrantee. Initials r u grantee County Dept. 7 ►1i O�V SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such documents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. S. Child Labor. No person under 18 Sears of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 13 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled '.'Equal Employment Opportunity," as amended by H:-:ecutive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60) . Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin #29-76, "affirmative action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shell comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Watcr Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. ProZram 'Management Requirements. Subgrantee shall establish and maintain intt:rnal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. *Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal *fanaocr;eat Circular Fi1C 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and corplete. disclosure of financial inforwation pertainii:g to its program in accordance �._th Count;T or Federal reporting requireWents, b. Effective control over and accountability for all Agreement funds, property, and ether assets, and C. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and Eh all ensure that they are used solely for purposes authorized under th' Agree-ment. Initials: S grantee County Dept. �►�:� . ►9 -2- SPECIAL CONDITIONS (CETA Title VI PSE Projects) 4 _ :lumber � i � �G •�'9 13. Property Management Requirements. Subgrantee shall comply with applicable requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500) . Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FiMC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records) , page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the L.S. Department of Labor for such procurements with CETA funds, including Federal :Management Circular FMC 74-7, Attachment 0 (Procurement Standards) . Pursuant thereto, Subgrantee shall: a. ;iaintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximus open and free competition and prevent conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. :cake positive efforts to utilize small business and minority-o-.-ned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgrantee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost cr price negotiated. 15. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFR Subtitle A, Section 98.22) . Pursuant thereto, Subg_antee shall not hire :gin•; person in an administrative capacity or staff position funded under this Agree- ment if a nember of his or her i=ediate family is already employed in an administrative capacity by Subgrantee. Initials: Subgrantee County Dept. -3- 0(1)C 0 SPECIAL CONDITIONS (CETA Title VI PSE Projects) ^ t Number 2 8 "" tJ ' 17. Davis—Bacon Wage Rates. Subgrantee shall comply with applicable regulations of the U. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regardicio p :,, ent of prevailing wage rates to all laborers and mechanics employed by Subgrantee or any subcontractor in any construction, alteration, or repair, including painting and decorating, of projects, buildin,,s or works which are assisted under this Aoreecl-• nt, in accordance with the Davis—Bacon Act, as amended. 18. Final Subarant Closeout. In the event that the program operated by Subirantee under this Agreement is not funded by County under a new Agreement following ter-urination of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such prom-arty, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60—day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated its Manpower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the work, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and e-�aluate the work being performed under this Agreement. Initials: S rantee County Pept. —4- 01)C:91 ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA) , as amended (P.L. 93-203, 87 Stat. 839 and P.L. 93-567, 88 Stat. 1845 and P.L. 94-444) , hereinafter referred to as the Act, and with the regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FMC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(a) ; 701(a) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352) , and in accordance with Titles VI and VII of that Act no person in the United States shall on the grounds of race, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement) , and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712) . 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)) . Initials: ra tee Countv )Dept. -92 -1- ASSUR.&NCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number AW +, 11. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties (section 702(a)) . 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)) . 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)) . 14. Appropriate standards for health and safety in work and raining situations will be maintained (section 703(5)). 15. Conditions of employment or training will be appropriate and reasonable with regard to the type of work, the geographical region and the proficiency of the Subgrantee (section 703(4)) . 16. It will ensure provision of workers' compensation protection to participants in on-the-job training, work experience, or public service employment programs under the Act at the same level and to the same extent as other employees of the employer (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' compensation insurance or medical and accident insurance for injury or disease resulting from their participation to those individuals engaged in any program activity under the Act, i.e. , work experience, on-the-job training, public service employment, classroom training, services to participants, and other activities, where others similarly eng.:-ed are not covered by an applicable workers' compensation statute (sections 703(6) and 208(4)) . 17. Its program will not result in the displacement of employed workers or impair existing contracts for services or result in the substitution of Federal funds Z: other funds in connection with the work that would otherwise be performed (section 703(7)) . 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)) . 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)) . 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)) . 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)) . 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the County's review to assure that funds are being e:�:pended in accordance with the purposes and provisions of the Act, including the raiatenance of records to assist the Secretary or County in deter-mining the extent to uhich the program meets the special needs of disadv nta3ed, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . .�Initials. grantee County , ept. -2- ASSURA*:CES MD CERTIFICATIONS (CETA Title VI Subgrants) .. A Number '09"' v 2 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)) . 24. Its program has adequate administrative and accounting controls, personnel standards, evaluation procedures, availability of in-service training and technical assistance programs, and other policies as may be necessary to promote the effective use of funds (section 703(14)) . 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)) . 16. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) at such rates, including periodic increases, as may be deemed reasonable under regulations prescribed by the Secretary, but in no event at a rate which is less than the highest of: (a) the minimum wage rate specified in section 6(a) (1) cf the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (d) the minimum entrance rate for inexperienced workers in the same occupation in the establishment or, if the occupation is new to the establishment, the prevailing entrance rate for the occupation among other establishments in the community or area or any minimum rate required by an applicable collective bargaining agreement. 27. It will comply with the labor standards requirements set out in secticn 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1) (B) and 205(c) (1) . 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $100,000, or if a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857C-8(c) (1)) or the Federal hater Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environ=ental Protection ,,I?ency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Violating Facilities; (b) it 1•:411 notify County, prior to award, of the receipt of any communication from the Director, Office of Federal Activities, U.S. Environmental Protection Agency, indicating that a facility to be utilized under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. 3. Additional Assurances Relating to Public Service Emplovment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide suffic-fent prospects for advancement or suitable continued employment by providing complericntary training and manpower services designed to: (a) promote the advancement of narticix ants to employment or training opportunities; suitable to the individuals involved, whetter in the public or private sector of the ecencmy, (b) provide participants :cite skil2�; for which there is an anticipated high deriand, or (c) provide participants with self-Levelopment skills; except where exempt under the provisions of section 604 of the Act, providicd, hcicever, that nothing contained in this paragraph shall to construed to precl::c:e perscns or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c) (4) and 604) . \;-P Initials: e County Dept. -3- ASSUR.LNCES AND CERTIFICATIO:iS (CETA Title VI Subgrants) � � - 17 i*'! 3 Number _ 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 203(c) (6) and 604) . 3. It will give special consideration in filling transitional public service jobs to unemployed persons who are the most severely disadvantaged in te_r'Ls of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c) (7)) . 4. No funds will be used to hire any person to fill ajob opening created by the action of an employer in laying orf or terminating the employment of any otter regular employee not supported under the Act in anticipation of filling the vacancy so created by hiring an employee to be supported under the Act (section 205(c) (8)) . 5. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)) . 6. Periodic review procedures established pursuant to section 207(x) of the Act will be complied with (section 205(c) (17)) . 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- rents at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, with a view toward removing artificial barriers to public employment of those whom it is the purpose of the Act to assist (section 205(c) (18)) . 8. Where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee) , in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) providing those persons so employed, who do not wish to pursue permanent careers in such field, with opportunities to seek, prepare for, and obtain work in other fields (sections 205(c) (19) and 604) . 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)) . 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a) (1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c) (22)) . 11. Jobs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)) . 12. Its jobs in each promotional line in no way infringe upon the promotional opportunities which would otherwise be available to persons currently employed in public service jobs not subsidized under the Act, and that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c) (24)) . Initials: �( Subgran ee County Pept. -4- r� ��� ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 62 8 ' 3 13. Jobs are in addition to those that would be funded by the Subgrantee in _ the absence of assistance under the Act (section 205(c) (24)) . 14. Persons employed in public service jobs under this Act shall be paid cranes whiz'n s^all not be lower than whichever is the highest of: a. The minimum hourly wage set out in section 6(a) (1) of the Fair Labor Standards Act of 1938, as amended. The only exceptions to section 6(a) (1) are where a partic_oant is exempt under section 13; b. The State or local minimum wage for the most nearly comparable covered employment; c. The prevailing rate of pay for persons employed in similar public occupa=ions by the same employer (section 208(a)) ; d. The minimum entrance rate for inexperienced workers in the same occ.:oation in the establishment, or, if the occupation is new to the establishment, the prevailing entrance rate for the occupation among other establishments in the co`unity or area, or any minimum rate required by an applicable collective bargaining agreement; or e. The prevailing rate established by the Secretary, in accordance with the Da-:is-Bacon Act, as amended, for participants involved in employment covered by the Da-:is-Bacon Act. 15. Special consideration shall be given to eligible disabled veterans, special veterans, and veterans who served in the Armed Forces and who received other than a dishonorable discharge within four years before the date of their application. Sub rantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Sp_cif_c effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public se--%-ice employment vacancies under Title VI, except those to which former employe-es are be_n- recalled, must be listed with the State employment service at least 48 hours (e_:zluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, tiie employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, ma_. also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide info tion on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to ober veterans organizations for the purpose of disseminating information to eligible veterans (section_ 104('0) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the ict and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a) (2) (B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities. to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(a) (2)) . 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)) . i Initials: S gr tee County ,Dept. 0 X6496 -5- PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number ') 2 .q t 1. PSE Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s) . Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number M in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42) . a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee' s deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other 'leans. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs) , page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for ticipation. Initials: /C( Subgrantee County ,Dept. -1- .. PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 2 $ - � �� � Numb a Subgrantee must obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)] . c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks ; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks , was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC) , including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1) (a) and (b) (i) , (ii) , (iii) , and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: V-ranteeounty Dept. -2- PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) • ;Dumber 2 _ 7 "� 3 (3) In hiring such new participants hereunder, Subgrantee shall _ allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i) , (ii) , (iii) , and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications) , in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Knightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area) , and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations (29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)] . 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County' s CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Killer, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: Su orantee County Dept. -3- o 1) � PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number ;.0 IJ '! 9. Public Service Employment Positions. Subgrantee shall comply with CETA _ regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33) , including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee' s program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and C. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36) . 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County' s CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee' s program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee' s program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; C. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federal' assisted jobs. Initials: SXan County bept. -4- 0�.�VN 0 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Q Number i V ' ` .r0 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements) , page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b) , as revised] , Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work-related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: /C( SX.an County /bept. —5- 00`I(�� s PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) Number.: 17 7 I. PSE Project Job Positions. CITY OF ANTIOCH (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) f 27 ' 169 7/28/77- Community Program 7/19/78 Planner 1 12 26 Community Outreach Counselor 1 12 Volunteer Coordinator 1 12 #170 7/20/77- Project Laborer 4 48 7/19/78 Survey Aide 2 24 x171 7/20/77- Project Laborer 3 36 7/19/78 #172 7/20/77- Survey Aide 1 12 7/19/78 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. • The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to therp for written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status o each participant hereunder at six-month intervals to ensure that the partici is job has potential for advancement or for suitable continued employment. A Initials: ubgrantee County ept. PROJECT BUDGET Number-2 y a c} 1. PSE Project Budget. CITY OF ANTIOCH (Subgrantee) shall conduct its CETA Title VI P Iic Service Employment (PSE) Projects under this Agreement in accordance with eac 2-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGETS a. Project. Term ost Categories (Federal Funds) 27 �— (1) #169 7/20/77- Participant Wages $ 29,988 7/19/78 Participant Fringe Benefits 9,096 (c) Training -0- (d) Supportive Services -0- (e) Administration 2,916 TOTAL (Project Payment Limit) $ 42,000 (2) #170 7/20/77- (a) Participant Wages 57,456 7/19/78 (b) Participant Fringe Benefits 17,388 (c) Training -0- (d) Supportive Services -0- (e) Administration 5,988 TOTAL (Project Payment Limit) $ 80,832 (3) : 171 7/20/77- (a) Participant Wages 29,988 7/19/78 (b) Participant Fringe Benefits 9,096 (c) Training -0- (d) Supportive Services -0- (e) Administration 3,126 TOTAL (Project Payment Limit) $ 42,210 (4) x172 7/20/77- (a) Participant Wages $ 8,736 7/19/78 (b) Participant Fringe Benefits 2,820 (c) Training -0- (d) Supportive Services -0- (e) Administration 844 TOTAL (Project Payment Limit) S 12,400 Initials: Subgr ntee CountylDept. -1- 00 /f s3 PROJECT BUDGET R Number b. Allowability of Monthly Expenditures and Deobligation of Funds. No later J than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan for each Project, in the form and manner required by County, and subject to approval by County. Expenditures under the above budgets shall be subject to each Project' s PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the 12-month term of each Project. Subgrantee shall maintain a current PSE Program Plan for each Project, on file with County's Manpower Project Office at all times, in the form and manner pre- scribed by County, and Subgrantee shall comply with each PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure") , and must not exceed 1150 of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s) . County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County' s payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. 3. Subgrant Summary. 12-Month Project a. PSE Project. Project erm Pavment Limits _41 (1) 169 7/?8/77 7 /7 42,000 27 (2) # 170 7/20/77 -I 1 /78 80,832 (3) 171 7/20/77 - /19/78 42,210 (4) ? 172 7/20/77 - 7/19/78 12,400 TOTAL (Agreement Payment Limit) $ 177,442 b. Subgrantee's expenditures hereunder for each Project specified above shall not exceed the respective 12-month Project Payment Limit set forth above for each Project. Funds budgeted above for one Project may not be transferred to, "carried over," or expended under any other Project. Initials: S IraAree County bept. -2- M Y/104 I.-) 7?oard of Sun�-rlisors of J'200 8 - 7 21WO . Conga Cosa County, Stct�-' of California Septe,�ber 20 , ]4 -77 In the Matter of Authorizing the Director, Human Resources Agency, to Execute Subgrant Agreements with Forty-Seven CETA Title VI PSE Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, in accordance with each Subgrantee's respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 16, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to make initial subgrant payments to certain CETA Title VI PSE Project Subgrantees, pending completion of Subgrant Agree- ments with each Subgrantee, and The Board having considered the reco=endation of the Director, Human Resourcas Agency, regarding the need for prompt execution of such Subgrant Agree-ants with each of the Subgrantees currently authorized to operate CciA Title VI PSE Projects in order to maintain project operations and compliance with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, human Resources agency, is AUTHORIZED to execute, on behalf of the County, standard form Subgrant Agreements with the forty-seven (47) CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart ," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20 , 197/ 7 . 1 hereby certify thct tha foregoing is a Crus and correct copy of en order entarsd on tha minuses of scid Bocrd of Superiisors on the data aforesaid. Orifi: . Human Resources agency Wi?Hess my hand and the Seal of the Soerd or Attn: Contracts & Crams Unit Supervisors cc: County Arai^.istrator affixed fihis jnttdey of_ Seotenher 19 7:' County Auditor-Controller County Manpower Project J. R. OLSSON, Clerk Director Subgrantees syr_ o_ruty Clerk Jeanne 0. 'iaal-ro RJP:dg 9) H - 21 3/76 15m (Ai Cn1u1w11t Cu 9/7.0/17 11u;►rd Ordoi-) t.1:'1'A 1'1'1LE VI' PU1t1.T(: S1:11MI11, 11.1PLOY MV11d'1' PROJI- "C >1`I;CTI:T.CA_9'1*0N5 CHAR 611c:l.u(tes ) rojec:ts ctttL1101-1,'Cd 1'(rt' .1.c11pl.c.►►►eftUtt.loil Ln .lune laid Attgu:;t,' 1.97*1) �T^ 3 I. 1'ct. PSESubr•rnnCecs� : MAXIMUM 124101'111 PROJI.CT MAXIMUM SUBC-:A.;'1' SUI:CRA;)'1'1:). Pl1OJ1;C'1' NuMBER NUMBER OIC JOBS PAYML:N'1 LIMIT PAYMENT I.IHIT .l. Contra Costa Legnl Services Foundation, 307. 3 $ 31,362 $ 31 ,362 Inc. 2. tlomc Health and Counselinp Scrvice.s, Inc, 310 3 19,704 3111 2 20,E+94 1.0,198 3. City of Pinolc 312 3 110,810 313 2 26,917 314 1 13,025 315 1 13,025 316 1 11,750 105 ,527 4. United Council of Spanish Speaking Organizations, Inc. 304 4 42,686 30411 3 31,612 305 5 50,074 1241372 5. }Neighborhood house of North Richmond, Inc. 309 7 76,247 761247 6. Los Medanos Community Hospital District 322 4 43t584 113,584 7. Alnricda-Contra Costa Council of Camp Fire Cirls , Inc. 321. 3 301989 301989 8. ):nki Kescarcl► Ilistitute, 'Inc, 327 5 581382 328 7 851302 143,684 9. Pinole Family YMCA 300 4 38 ,980 38 ,98,0 10. Contra Cotta Community College District 318 6 60,450 319 5 46,512 . 106 ,962 11. Carquinez Coalition, Inc. 308 4 49,196 308A 3 44,963 94 , 159 12. Phoenix Programs', Inc. 329 7 68,946 03 ,9116 13. New horizons Center,, Inc. 325 3 32,762 32 ,762 „"; 14. Contra Costa C}iildren's Council 331 3 33,152 33 ,152 fir_+_La:'IGt,�I It. L1) 'J(•-u( ! t 1w;lt +i WI't#L1') i J1"L ul (, MAXIMUM 12-MONT11 I'h,tJEC'J' M:E*r:*:,..... . '-'U 110RAN'1'1i1 PRO.11:C111_ NUI MER NU!•111I 1� OF JMS PAYMENT 15. Social Advocates for Youth—Diablo Valley 333 7 $ 66,917 G("917 ` 16. Contra Costa Crisis and Suicide Intervention 326 3 30,494 30,49/1 17. Fast County Rcsnureo. Center, Inc. 31.7 3 371706 37, 706 16. International Institute of Alameda County 334 4 37 ,322 37 322 19, Mt. Diablo YMCA 301 5 43,776 43,776 20. Region I:t American Indian Council, Inc, 323 7 84 ,448 84141+8 21. Linton Business College, Inc , 320 3 23,872 23,S7'? 22. Nu3ic.al Arts of West Contra Costa County, Inc. 330 3 32,778 321778 Current PSE Suhrantees 1, City of Antioch 169 3 42,000 170 6 78,416 171 3 41,105 172 1 12,400 173,921. 2, City of Brentwood 173 3 32,087 321 W7 3 , City of Concord 3.74 6 82,080 175 7 95,760 176 4 54 ,720 177 7 95,760 178 6 82,080 179. 7 95,760 180 6 82,080 182 6 821080 183 6 82,080 .820,800 184 5 6130400 4. City of El Cerrito 3.07 2 24,847 108 6 70,774 109 2 21134 110 7 8511.69 111 1 1.4,051 140 3 321113 = 3.44 1 10,711 259,015 5. City of Lafayette 145 1 12 ,436 148 1 131183 251619 MAXIMUM 1.2-MONTH ;U1',':RA1`T i,)zojic'r NUMBER NUMBER 01.1 JO)"s PAYMENT 1,11-0T 11AY11FET 1.1!11 -0' 6. City of Martinez 3.85 3 42,400 18511 2 27,803 186 3. .11,1201, 167 1 12,600 97 ,007 7. City 111ttsbure. 152 2 26,872 153 3 4 3')417 154 3 36,691 3.55 1 13,140 156 7 107,015 157 2 29,182 324,545 158 5 68,228 8, Pleasant Hill Recreation and Park District 134 1 11)3.67 135 1 11,685 22 ,852 9. City of Walnut Creek 165 1 13,039 166 3 39,420 167 1 13,039 65,498 10. Antioch Unified School District 116 11 57 ,107 117 4 57 ,107 136 2 261954 137 1 11)632 138 4 56,712 209,512 11, Brentwood Union Scliool District 150 If 50,584 151 3 34 ,614 85,198 12, Byron Union School District 162 1 14 ,200 14 ,200 13, John Swett Unified School District 103 6 68, 000 103B 7 76084 144,384 1.4. Kniplit sen School District 1011 1 12)819 12,S] 9 15. Lafayette School District 105 3 39,200 105B 4 56,034 106 7 95)231, 190,468 16. Liberty Union School District 143 7 94,767 188 1 121052 106,31. 9 I L (Attaclur.c:nt to 9/70/77 Board Order) P:<<,, 4 of T 11A.".I1OJ1i 12-1101�f11 PROJ1iC'f ;I/LN: SU:;GI;?,?i'i' SUBGRANTEE PROJECT IWMBER WMBGR OF JOBS PAYMENT LP.41T PAY:•:%':T 1,7'17'1' 17, Martinez Unified School District 146 5 $ 62,000 146B 2 29 ,058 91 ,058 18, Mor.aga School District 1.02 2 23,475 102B 5 59 ,004 82 ,479 19, Mt. Diablo Unified School District 118 4 56, 328 119 5 58, 981 120 6 66,215 122 3 2706 123 4 501673 124 6 68,936 125 4 45,840 126 6 68,936 127 6 661215 128 4 56,328 129 4 44,044 130 4 511111 131 4 441027 132 4 35,359 741 ,539 20. Oakley Union School District 159 4 52,703 159E 3 1.60 4 53,196 161 7 90,200 236,887 21. Pittsburg Unified School District 149 3 36 ,382 149B 4 51,558 87 ,9 +0 22. Richmond Unified School District 112 6 637302 113 6 651664 114 6 651664 115 3 351731 230,361 23. Sar. Ramon Valley Unified School District 142 1 121224 12,224 24. Housing Authority•of the County of Contra Costa 141 6 861623 561623 25. State of California 190 3 31.1754 19). 2 201303 193 5 521599 194 1 10,506 115 ,162 . .Cp In the 000rd or Supervisors Contra Costa County, S► �: Ca i►or►, a 19 77 In the Matter of =ending the September 20, 1977 Board Order authorizing execution of Subgrant Agreements with Forty-Seven CETA Title VI PSL Project Subgrantees The Board having authorized, by its Order dated September 20, 1977, the Director, Human Resources Agency, to .execute Subg_ant Agreema;ts with forty-seven designated CETA Title VI PSE Project SuL-gra:_tees, including t e City of Antioch, Martinez Unified School District, and Antioch Unified Schcol District, for full implementation of 122 Public Service Emploj=ent projects during the period June 20, 1977 to September 30, 1975, and The Board having considered the recommendation of the Director, Human Resources Agency, regarding the need to chanoz th_ project payment limit amount and number of jobs authorized for certain PSE projects conducted by the City of Antioch, P:artinez Unified School District, and Antioch Unified School District, in order to reflect recent progra.^atic and budgetary adjust- ments made in accordance With guidelines established by the County M`laripower Advisory Council; IT IS BY rrM BOARD ORDERED that said Septe_Ser 20; 1977 Board Order is HEREBY A�E:NDED to change the amount of the "M_axinsm 12-Month Project Pa5^ent Limit" set forth in the "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart" for Projects u170 and -171 conducted by the City of Antioch, for Project 0146B conducted by ;Lartinez Unified School District, and for Project #116 conducted by Antioch Unified School District; to change the "`'umber of Jots" set forth in said S.oecifications Char:. for said Project ;x116; and to change the amount of the "Maximum Subgrailt Agreement Payment Limit" set forth in said Specifications Chart for each of the three aforementioned PSE Project subgrantees, as specified in the attached Amended Specifications Chart, while all other parts of said Board Order remain unchanged and in full force and effect. PASSED BY THE BOARD on December 6, 1977. 1 hereby certify that the foregoing is a true and carred copy of an ora'--r entxed on the rninutas of said Board of Supervisors on the data aforesaid. Orig: "'Human Resources Agency W►tncss my hand and the, Seal of the Board of Attn: Contracts 4 Grants Unit Supervison cc: County Administrator cffix-- 3 this 6th day of Dz cemb-_?- 1977 County Auditor-Conrroller COUnty ::nn,)ower Froject J. R. OL.SSON, Clerk Director �} Subgrantres B� , Deputy Cl -rz 'J t.. i' IP:.�.r, 1 1 ll (Attachment to 12/6/77 Board Order) AItENDED S P E C I F I CATIONS C11A1tT NURBE,R MXIMUM 1'1.-111OW1'11 PItUJL;C'r MAMMUI.1 SUP.C'U�NT M;I-I' :1; 1ENT 'PROJECT OF JOBS 1,IMIT PAl'MENIT I,Ihii_T SUBGMIN TI:C NURBER Previoun Now PrevYokIs New 1'rcwiou: ^~ F�cw City of Antioch 169 3 unchanged $ 42,000 unchanged 170 6 it $ 78,416 $ 80,832 171 3 it $ 41,105 $ 42, 210 172 1 it $ 12,400 unchanged $ 173,921 $ 177 ,442 Antioch Unified School District 116 4 2 $ 57,107 $ 24,957 117 4 unchanged $ 57 ,107 unchanged 136 2 " $ 26,954 " 137 1 " $ 11,632 " 138 4 " $ 56,712 $ 209,51.2 $ 177,362 Martinez Unified School District 146 5 uncliatiged $ 62,000 unchanged 146B 2 " $ 29,058 $ 28,481 $ 91,055 $ 90,481 �.a t:ontra C.)sta County Standard Form SUBGRANT CREEMENT (CETA Title VI PSE Projects) Number 28 1. Agreement identification. Prime Sponsor: County of Contra Costa Department: human Resources Agency Manpower Project Subject: administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County) , for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: ANTIOCH UNIFIED SCHOOL DISTRICT Capacity: A Public Agency Address: 510 G Street, Antioch, California 94509 3. Term. The effective date of this Agreement is Julq 11, 1977 and it terminates September 30, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $177,362 5. County' s Obligations. County shall make to the Subgrantee 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. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. 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: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE By _... By. Designee (Designa a official capac' y in public Recommended by Human Resources Agency agency or corporation and affix c corporation seal or attach a certified copy of the governing body resolution By Li, .. � � authorizing execution of tl,ai) Agreement) Designee r/ Attest: (Designate official caocity) By (Form approved by County Counsel) Dated: Microfi{mo,d x'itf; S,ard order Za C-; _a C' . _ Standard Form PAYMENT PROWSIONS (CETA l i tle %'11 ?S'F Projects) ►lumber 2 '" ~ 7 3 2 1. P;ty--:-n: :515. County .shall In no pal! to Ln � Sup ra..tea �� ,,t,.. ir. a:.c_ss of the total 2=3uat specified in th:! VZL► ment I.imiL of this Agreement. Subject to :he Payment Li^it, it is the intent of the parties hereto that the total pray-ant to Subgrantee for all services and program activities provided under this A,,re:-:_nt s _n_l be only _or costs that are allo::able costs (sce :Paragraph 3. below) ani :e ac'pally incur e:.' in the performance Of Subgrantee's Obligations under this Agr.•-:ement. 2. Prtyn: z Subject to late= ad_justmeatS in total 2ayments In accOrd- anz:a w'th ti = ___:w provisions for CostRep-lrt and Settlement, Audits, and Audit :xze?tions, and subject to the Payment Limit of this Agreement, County will pny an a=ount equal to Suborantee's allowable costs that are actually incurred each month, b::: subject to the Project Budget. 3. Allo-,;able Costs. Subgrantee's allowable costs are only those which are dere mined in accordance with 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 docu=eats (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Faragraph 2. (Payment A=.ounts) above. Said demands shall be made on County Der-and Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days Iron the end of the month in which said services and progran activities are actually provided. 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 monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee 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) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Renort and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments tide by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, 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 Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: _ grantee County bept. - 1 - Costa County Standard Form I'A'rL-IE:,T PROVISIO`+S (CETA Title %'I PSE Projects) 2 Number 28 - 732 7. Audits. The records of the Subgrantee may be audited by the County, State, o: :"ited States government, in addition to any certified cost report or audit required b.: the Program Operating Plan. Any certified cost report or audit required by the P,o,;_ar Operating Plan shall be submitted to County by Subgrantee 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 Lonths 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 acutally been incurred by Subgrantee under this Agreement, including any adjustments mad= pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audits) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Pa;m.ent Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or co=Dlyir.g with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee 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 Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: "16 Su grantee County .Dept. 001.4 - 2 - C7ncra Costa County Standard Form GENIER4L CO:MITIO qS (CETA Title VI Subgrants) Q Number V ` 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, Stat` and local laws and regulations applicable with respect to its performance hereunder, il:cluding, but not limited to, licensing, employment and purchasing practices; and wages, ,lours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Ac reement 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. Subgrantee shall keep and make available for inspection by authorized represer.tacives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement 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 Subgrantee, may terminate this Agreement should the Subgrantee 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 Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement 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 Agreement 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 Agreement, 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 Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is alreLdy required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee 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 Previsions a-id the Pro-ram Operating Plan may be amended by a written administracive a,-._�_..dment executed by the Subgrantee and the County Administrator or his designee, subject to my required State or Federal approval, provided that such administrative amendments mny not materially change the Payment Provisions or the ?rogram Operating Plan. Initials: 5> >c;rantee County boot. Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 28 - 7 ,12 \umber 9. Disputes. Disa-greements between the County and Subgrantee concerning the meaning, requirements, or perfor*mance of this Agreement shall be subject to final determination in writing by the mead of the County Department for which this Agreement is r..nr:e 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 Agreement 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 Agreement 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 Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No 1•laiver 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 Subgrantee'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 pryments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement 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 Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for ny u ork contemplated under this Agreement and shall not assign this Agreement 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 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. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee 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. Subgrantee 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 Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. 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 adni.ilstration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person kne, ingly and intentionally disclosing such information other than as authorized by la;. may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Suhr,rantec agrees that all. services and program under this P"greel:ent shall be :available to all qualified persons regardless of 3l;e, sL•_•:, race, religion, color, national origin, or ethnic background, and that nune shall l lie used, in whole or in part, for religious :c,rs'Iia or instruction. k Initials: Subgrantee County opt. y ^.`' - + "# �. r a .�,.. r ,,,,,, r a taLnc arc I.i-y--iZ� a�",.,c tT' Cod rt' <C0��a., Cau..-y s1. �, l I'll �; �� .. _. x, GE;JFR.�L.CO�:DITIOMS- 1. i ..� __,,� M - - w .. (C�T�. Tit1eVI Subgrants) ,. ... _ p �+ ,I _ t, 1. Nuarber (� 6 c , 3, I:d��zif`ication. The Suagrantee shall defend� 11, save harnless and: ind�^..11fy :the C _ ,.::d ,its officers, agents and employI.ees,.from- ail liabilities and.cla s for da=ales ft_ d��tz, sicr^as or injury :o" persons or property, including`, ..stnout iicitation; all cc^��rential damages, from' any cause whatsoever arising frou�„or connected with tie.' a __a_io-s :or the services of the Subgrantee hereunder; resulting fron the conduct,. ae __g_::t or otherwise; of -the Subgrantee;.'its agents or 'employees. .1 I t9. Ins�ra �ce. DuringI the, entire tnenrise,qxp this Agreement and any a{teLsion oY a_c� _cation hereof, the-Subgriatee sha 'in effect;' .nsuranca policies meetszg 1_-1 t:-e ._`_lo::ina insurance requireaents ,unlxessed in:the Special Conditions a. ; LiII ability Insurance: The Subgrantee shall providea polacy or .pohczes o€ . ' conp_eheasive liability insurance, including„coverage for: owned" and.non-oweed,.auta obiles, aa—;aa tae" County and :its officers and enpioyees as additional. insureds,;;with a zeiaimumi combi:=ed single limit coverage of $:) - ,OO -,`for all:"".,” ges- because o.f bodily injury, icrress orise2se, or death to: any:person and,'damage toor"destruction of property, iincluding the loss- 0f : se thereof, ,arising from each accident or occurrence ; b. t?orL-ersI Compensation The, Subgrantee shall-�;provide the Coup y,with a c_rtif-rete of insurance ev: deacing workers* compensation:insurance covers a for zts etiplo}=ees. c. "adII ditional Provisions The policies shall include: a provision for thirty (30) cays written; notice toCounty before,,cancellation or;materialchangeof she above II specified coverage. Said policies shall constitute primary insurance 2s to the County, t:.e Sete ,and Federal Governments, their officers, agents, and employees,<<so that other . : id=c_acce policiesheld by -them_shallnotbe�required to 'contribute .to any lass covared " Under the Siabgrantee's insurar_ce:',policy or 'policies.'. hot-512ter than` the.esfective date of this .Agreement; the-S4 granteeshall:prove-:,- 'County with 2 certificates) of` nsLrace evidencing the above insurance.coverage -% .. _ 20. .:otices-; All notices provided;for by; this Agreement shall be in writing and ray .ba delivered :by 'deposit in .the IInited-,States:nail, post age:prepaid hatices L' the Crusty shall' be addressed to the-hezd'_of the County -Department: for;which.'tbis_Agreet:Ant is _ac�z; c/o the County :Public Service Employment,Programs Office, ;65l Pine;Stro=t �Sar:i.ez, California94553. ?votices:,to .the Subgrantee:shall.be addressed to the Sib graztea's "address: designated herein The .effectiv 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 1< , supersede General'! Conditions;`'the Special. Conditzons"and Erogran Operating Plan do not l :.i t any terga of the General.:Conditions 22. 'Nonrenewal . .:Subgrantee+understands and agrees that there is ,°repreI. sentation, , plicate on,' or`understanding that the program-and services provided' by; - s-as s se : b n k K s''srF� t hY a }�. b .�i r � ,} -n a � 4a r •. ", 4 'r c �a,*`�, �, is :..i 3�?%' , a r xri .Z F c' lF 3 i �. i "9i; y, h i� - R _ ;.�,�' fit' SPECIAL C!':iDITIOtISI. { '� (CaT��`Tz�la "I ?SS Projects) Ll Q �! � ' . tiuber `�+ V17 � 1s NF I :; .. . �..- , ., ,'.. .. ..: . -r- ,i 7 1: Co: �'_is:ce.:�_th Fede at.< equire-t-a.-s hra�itee. ,shall coni -Z c:itn 1 .. Sub P Y Fact_.al raIL.galatiors, guide"l ii mss, ,b6ile;tira ' and circulars .a licable,"to Title �". of 1 PP, the Co,�_a:ze^si:•a E.�?Loy ent and Training c't'of 197311, , :;as,amended, incluiti ig ii'ct� 29 Q= rile Co _,.- ;oI 1,_ tederal R- O, �l1_11ti ns,,, Subtt..' A Parts ;9'�, 96, 90 anti r"99, as p :M.LaF:aryCt in tete "eaa_sl Re is_e- Vo Z: �}1; -tio_ 12�>, :iday Jude 25,`: 197G V6 I.; II Cao :7.`, iues:day, ,Jan-_pry 11, . 1977, in lfol 42,;' `0 93,..Freda; tiny":13, , I9I7,'':;ap taay b �, re•�_sed ani awarded; and w�eich are; incorporated~ herein-by refercncz . :,.. -' 7 2. z•:?i able :Copies Copies of tna County's Project documents, --as spacift_d in i Paragraph .$. ',(Proje,.t)., of the: Sub"giant 'Agrenaent, ;and 'all pertinent Federal; s[a_".ctPs, regulations, guidelines,, bulletins; and:c.rculars�;applcabTe to this Elgreersanr,''shall beavailable at.all times .for inspection 3} ahe ..Suboraatee during; regular=:buin ss hours. at the Offices 'of -,the CounEy_ Maa Resources Agency Manpower Project., ;, �. 3. Retained P6,4ers. All powers n11 "ot e�cplicitly vested 'in the Subgrantee r?�a�.n r �1 R3. Zn the COL'a ty. .< x,t 4. Stztes o. Participants Program biiticipants; �.ncIudin" employees hiL � by Subg�aate'z, shall'-in 'no way be considered employees or 'agent`s ofCoutity Subgr= : sef is an .indepea�"'' contractor;; and County sh=l'1 :not have: control over the nethod� sand _ 4 _- _ - .,- ,. .- F 2 details by .khich`the terms or,,>thisAgreeazat :are fulfil ed , - w _ -, 5. Pa}giant _4djustmeats _ , a If .any funds are expended by the Subgrantee in violation of the teres of this Agreenent:'(including all;'applicable statutes,: regulations, guidelines,-'bulietins„ and :circulars),, County Qay deduct:the Ia our* d such un"aathorized or:,J_Ilegai e,._ nd� aures from pa; eats otherwise payable to Suograatee in,oI_— to recover any amop; s, expended for unauthorized p'urposes ,in the current or medzately;preceding;. fis6a2 year: 11o such action- taken,by County shall eiititle the' Subgrantee to reduce prodm operations or-:salaries, wages; fringe benefits; or=services ,for any prograia par.tia ,,�: , ,. pant; incluCiag Subgraatee's .staff,: or to e2znd, less during-:the effective ter of this ;Agreemaat 'than,'those amounts specified ,in .the Project Budget:' Within. the ry ' (30) days of request by'County, Subgrantee shall'reimburse County;for any-,p_}•m»_; made .for expenditures .which are in violation of this Agreement . . .:_ ,_. ., ;, . Subgrantee shall reimburse Count full and com�.Ietel for. ante a ant '4 b o y Y P Y Y , P Y? _t of:funds nade. by the County to the U. S. Department of habor at Live request of tF•aC - - ... 11 I . Departeaent. s ,Secretary 11"after zt 11;,has,beea determined that such repayment. is required ' ,from:the:Count,y due�� to the unauthorized or iliegal'�expeaditures by� Subgrantee. Tne -Secretary`s determin1:1ation as to;the necessity for amp such:-repaymerit shall be r conclusive as .between County and Subgrantee Y , ., { 6: Termination ' . FurtheraProvision. This Agreementmay:be terminated as > ;, specified in .General:,Conditions, Paragraph 5 (Terminat.ton), subject to` the f o l locii3g: a. County`s termination for failure 'of Subgrantee Fto perform (General x' Conditioris; Paragraph 5 b ) may not 'be exercised until 30 days after Subgrantee _., has been sent,by' County a;written notace i'speci-fying! the ;failure^ to perforin and .Subgrantee ,'has"::failed to correct such failure71of perfortaan"' tii.th n said 30 days afte '1. the sending'oI' llf.said„noti e } _ b County may exercise its right of termination specified in Paragraph 6.a of these Special Conditions as ao any separable ,part performance under- , is,'9gre�aeat, I the remainder of the'.Agreement .to continue:' in; force:= c. . Teraination because_: of cessation of.funding; as .sp,cified--.in Cenerah Conditions; Paragraph 5.c:, shall occur only upon Count' 's:,sending`of, notice thereof z to Subgrantee. 1 . 11_, ,,' , _".. .Initials: ,- I �e Y-''_ "z , �'' L� ,�',,"r Subgrantee County' Dapt l iz� n x'7,8 , x' [ h ,G,,+�ri i t Cyt F 1t P �. 1 Y` P^ ...-. .. „...:,:. .__.:, .-�..,»,._ ;" .... ,..;;vz.�_a._,. h ,+,7U- *'"`,.��`.L..�-0 `:..'.t.'�,..x r .x.„a�`X.:.. r:w. .+.`.: Cr: a7TT1;• (CETA Title Vf PSE Projects) Number 28 - 732 7. StatIstics, !?eourts, a nd Pecords. Subgrantee shall keep and maintain such docu-znr_s, records, and :accounts as may be required by the County or the Federal sta:::tes, regulations, guidelines, bulletins, and circulars applicable hereto. Sty, .: tet shall compile, compute, ant' provide to County all such statistics, pragr �m reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records s:^.all be maintained and provided in the form and manner prescribed by Cc:.^ty. S. Child Labor. No person under 1S years of age shall be employed in any occupa- tion%-.hick the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 13 years of age (pursuant to 29 CFR Part E) . Any eligible participants u_^da: 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 510, Subpart C. 9. Affir--ative Action Plan. Subgrantee shall comply with all applicable require- mets of Executive Order :;o. 11246, entitled :'Equal Employment Opportunity," as a=ended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 C-: Part 60) . Subgrantee hereby certifies that it has an Affirmative Action_ 1_71aa, if required by State or Federal law, which declares that it does not discriminate on tie basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also cc=ply with requirements established by County and the Department of Labor, including CETA ecicnal Bulletin :#29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,00, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal t•:atcr Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. Proera.. .'•Faragenent Requirements. Subgrantee shall establish and maintain internal prcgram manageaent procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. :feasure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal PJanagement Circular FMC 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial --anagement systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial inforration perta_ning to its program in accordance with County or Federal reporting requiremerts, b. Effective control over and accountability for all agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. St:;;rte:tea s'ta11 adequately safeguard all AZreerent funds, prc;erty, nod Cath?r :asse%s and n';all er._tre that they .are used solel far purposes authorized urde= this Agreer:ent. IniCials: Mlf 1, Sub,grantee County ct. 0011.19 cPFf"TAI. MMITIMIS (CETA Title 1 PSE Project:;) Q :cumber 2 8 r 6rte/ 3 2 1s. Prom=erty Management Requirements. Subgrantee shall cur-ply with applicable- re u .rezents established by County or the U.S. Department of Labor governing the przzure=ent, ownership, use, and disposition of CETA equipment and other personal ^e_;• Uncludinb minor equipment costing over $50 Per item and unused expendable pe s::nal p:•operty with a total inventory value over $500). Subgrantee shall est2731ish S. elntral s,steM to ensure adequate safeguards to prevent loss, damage, or theft to prcperty, including CETA equiprent. i;. Property Records. Subgrantee shall maintain accurate reLards of any CETA e:uip-ent and other such property procured with CETA funds or otherwise acquired under this :zg:ee.ent in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular F&"1C 74-7, Attachment b', Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Coed tions, Subgrantee shall retain such property records for three years after the dis?os_tion of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal i:anagemezt Circular RiC 74-'. , Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. :iaintain a code or standards of conduct governing the activities of its offficers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum o=en and free competition and prevent. conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-oo.-ned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- =ents =ay be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. \e•:erEheless, in all cases competition shall be obtained to the maximum extent practicable. Subgr ntee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. ]"). Ner_ntisn. Subgrantee shall comply with the Federal restriction prohibiting (29 CrR Subtitle A, Section 98.22) . Pursuant thereto, Subgrantee shall not ::ire any per:.tj:; in an administrative capacity or staff pusitivn: f:.rdrd •.:-T r this A-ree- reat if a r..c:ucr of his or her inmcdiate family is already employed in an administrative capacity by Subgrantee. Initials: Subsrantce Count} e/pt. (fi '�j0720 SPI:.`IAL CONDITIONS (CETA Title VI PSE Projects) Uumber 2 7 `• 17. Vavis-3nzon nz.:c Rates. Subgrantee shall comply with applicable r.%uL:tions :he U. S. Depart=3z: of Labur (29 CFR Suhti.tle A, Section 98.29) ragardin„ a:l.:tent nrevail;n :wa:—a ra:-is to all l aborers and mechanics employed by Subgr- ant•sz o,- any _;.hc ntraztcar in anti construction, alteration, or repair, including painting anJ rating, of projVct6, buildings or wJri:s which are assisted under this Apreaa-at, in a.cordan e with tne D.-As—Bacon c t, as a:-.landed. d. 18. Final Subgrant Closeout. In the event that the program operated by Sub,:rantee under this Agree^ent is not funded by County under a new Agreement following ter•:ination of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the ternination of this Agreement, all financial, program, performance, and other reports required by County under this agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Pay--ant Limit of this Agreement. 19. County's Designated Representative; Modification. County has designat :i its Manpower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the work., but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: JC4 u grantee County/Dept. -4- OW-121 ASSUR:INCES AND CER'nFIC:1HONS (Ct:•r:1 ►it.te t'I. S:.bc;r::tts) `:ur:ber 28 - 732 13. J.b, :fie in Zldd1L Wt: tar thuse ttit►t would be ft: ded by the Subgrantee in the of assistance under the Act (section 205(c)(24)). 14. Persoas employed in public service jot►:: ender this Act Shall bu p:ti.d wages which a_• . not be lower than which ver is the highest of: a. Tile minimum hourly wage set out in section 6(a) (1) of the Fair Iabor Sta....--..:s Act of 1938, n:: arended. The only exceptions to section 6(a) (1) are where: a partici-_-: is exempt under section 13; b. The State or local minimum wage for the most nearly comparabte covered emp oy_ent; c. The prevailing rate of pay for persons employed in similar public occupatianS by the same employer (section 208(a)); d. The minimum entrance rate for inexperienced workers in the same occupation in the establishment, or, if the occupation is new to the establishment, the gra-availing entrance rate for the occupation among other establishments in the co—unity or area, or any minimum rate required by an applicable collective bargaining agree=e t; or e. The prevailing rate established by the Secretary, in accordance with the Davis-Bacon Act, as amended, for participants involved in employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to eligible disabled veterans, special veterans, and veterans who served in the Armed Forces and who received other than a dishonorable discharge within four years before the date of their application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall ta__{e into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public service employment vacancies under Title VI, except those to which former employees are being recalled, trust be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c)(5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a)(2)(B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c)(20)). Initials: u ,grantee County Dept. _ n�)'f�2 -5- ASSUR: :CIES AND CE ER IFICATIUN:S (CETA Ticle 1'T Subgrants) M` Number 2y � 6 3%2 11. It ..,ill establish safeguards to prohibit employees from using their --ositions for a purpose that is or gives the appearance of being motivated by a desire for private gain for then-elves or others, particularly those with whom they have family, bu,_n=ss, or otter ties (section 702(a)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and t::a County, through any authorized representative, the access to and the rias:: to examine all records, books, papers or documents related to this Agreement (sectic. 713(2)). 13. Participants in Subgrantee's program will not be employed on the cor.3truction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training sic�_ations will be maintained (section 703(5)). 15. Conditions of employment or training will be appropriate and reasonable with regard to the type of work, the geographical region and the proficiency of tie Subgrantee (section 703(4)). 16. It will ensure provision of workers' compensation protection to participants in on-the-job training, work experience, or public service employment programs un'er the Act at the same level and to the sa=e extent as other employees of the employer (Scbgrantae_ who are covered by a State or industry workers' compensation statute; and provision of workers' compensation insurance or medical and accident insurance for injury or disease resulting fro= their participation to those individuals engaged in any progra= activity under the Act, i.e. , work experience, on-the-job training, public service etployzarz, classroom training, services to participants, and other activities, Where others similarly engaged are not covered by an applicable workers' compensation statute (sections 703(6) and 208(4)). 17. Its program will not result in the displacement of employed workers or impair existing contracts for services or result in the substitution of Federal fends for other funds in connection with the work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the -lob shall only be for occu-ations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to then as necessary for the.Secretary's or the Cauitty's review to assure that funds are being expended in accordance with the ponoses and -ovisions of the Act, including the maintenance of records to assist the Secretary or C:-unty in determining the extent to which the program meets the special reeds of dis:r:•.auts:;;t•d, chronically unemployed, and low income persons for meaningful a_p.!-:-y went op?c r;.unities (sections 703(12) and 311(c)). Initials: Suhgr::ntee Ccu tt;• t �()'�X-r!3 ASSUJ1 !:CES X-.!i CERTIFICi%T1O::S (CT TA Title VI Sub",rants) C� Q C� :Ju-tuber 2 V `1�j� t3 f2.► 23. its p:ou ram will, to the maxirim extent feasible, contribute to the cccupatie^a_ de:•eicp ent or upward mobility of individual participants (section 703(13)). 24. £_t arc-ram has adequate admir_-strative and accounting controls, personnel star.-:,rds, e-.-Z'-'-.:at-ion procedures, availability of in-service training and technical assis a ce p=r;rars, and other policies as ray be necessary to promote the effect=-:e use c' funds (section 703(14)) . 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). 20. Indi;riduals receiving training on the job shall be compensated by the e=ployer (Subg=a-_tee) at such rates, including periodic increases, as may be deemed reaso^able u=der regulations prescribed by the Secretary, but in no event at a rate Which is less t*--M, the highest of: (a) the mi-nimun wage rate specified in section 6(a)(1) of the =air Labor Standards Act of 1935; (b) the State or local mi.ni.mu cage for t:.e most =early co=parable covered emplo-,,:-.ant; (c) the prevailing rates of pay for persons e=ploye= in si=i lar occupations by the same employer; or (d) the minimum entrance rate for inexperienced workers in the sante occupation in the establish=ent or, if the occupation is neva to the establishment-, the prevailing entrance rate for the occupation. `o-g outer establishments in the community or area or any minimum rate required by an a:plicable collective bargaining agreement. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or ander the supervision of the Subgrantee (sections 105(a) (1)(B) and 205(c)(1). 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $100,000, or if a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857C-8(c)(1)) or the Federal Mate= Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the E Viroaaental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the =ar_`orma-ce of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will =otify County, prior to award, of the receipt of any communication from the Director, Office of Federal Activities, U.S. Environmental Protection Agency, indicating that a facil:Ly to be utilized under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide suff:,tient prospects for advancement or suitable continued employment by providing co-p:r.-:crtar: training and manpower services designed to: (a) promote the advancement of partift.iparts to e=loyr_ent or training opportunities suitable to the individuals involved, whet::ur in t:. :ubiic or private sector of the econo::y, (b) provide participants vi-th skip:: for which there is an anticipated high demand, or (c) provide participants Frith sel:-:;zvclop:ent skills; except where e:;erpt under the provisions of section 604 of the Act, provided, ho.:ever, that nothing contained in this paragraph shall be construed to prec:...•:(% persons or programs for thou the foregoing goals are not feasible or appropriate and 604). Initials: bgrzntee County bept. 00'r2 ASSU!{iINCES AND CERTIFICATIO`:S (CETA Title VI Subgrants) i•:ur..ber 28 - x' 32 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private SUCLor as the une=p!oy—._ant rate recedes except where exempt under section 604 of the Act (sections 205(c) (6) and 6104) . 3. It will give special consideration in filling transitional public se r.•ic= jobb Lo unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off fro= the same or any substantially equivalent job (section 205(c)(7)). 4. No funds will be used to hire any person to fill a job opening created by the action of an employer in laying off or terminating the employment of any other regular employee not supported under the Act in anticipation of filling the vacancy so created by hiring an employee to be supported under the Act (section 205(c)(8)). 5. Due consideration will be given to persons who have participated in Eanpoc:er training preorar.; for whom employment opportunities would not otherwise be immediately. available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of tae Act will be complied with (section 205(c)(17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- ments at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or Cou-nt , with a view toward removing artificial barriers to public employment of those whom it is the purpose of the Act to assist (section 205(c)(18)). 8. Miere appropriate, it will maintain or provide linkages with upgrading anal other .:.a^.power programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee), in t'ae same or similar work, with opportunities to do so and to find permanent, upwardly table carters in that field, and (b) providing those persons so employed, who do not wish to pursue permanent careers in such field, with opportunities to seek, prepare for, and obtain work in other fields (sections 205(c)(19) and 604). 9. Its program will, to the maximum extent feasible, contribute to the elim- ination. liteination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)). 10. 'Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938), except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c)(22)). 11. Jobs will be allocated equitably within local governments and agencies takin,-, into account the number of unemployed persons within their jurisdictions asd the needs of the agencies (section 205(c) (23)). 12. Its jobs in each promotional line in no sway infringe upon the promotional oppora.unities which would otherwise be available to persons currently employed in public servic.: jobs not subsidized under the Act, and that no job will be filled in other t'-Rn an eiti-I level position in each job category until applicable personnel procedures a-;.-, coll•_%-tive bargaining agreements have been complied with (section 205(c)(24)). Initials: AR Subgrantee County,.Lapt. -4- ASSUTkAVCES ;A.uD.G'bftl'IfZG'AfIOi+S .: µ (CETT Title VI Subgrants} Nu6ber . . 13. Jobs are in additian to those that would be funded by';,the Subgranree :an the absence of assistance under, the :Act (section .205(0'(24)) 11 . Persons` employed, inpublic service jobs undo this,:Act shzll;be 'paid T.zges, which s::all not be lower than whichever As. the.highest .of a. The minimum:hourly wage :set out in' section 6{a} (1)` of the Fair. 1.:-bor Standards .act .of 1935, as samended. The only exceptions to section 6(a) (l)': are where a paricip_nt is exempt under section 13;. b' The Statear local;;minimum wage, for the most nearly ;comparable, covered-' e--:) oy=en t; c. The prevailing rate;.of° pay°.for`persons employed in similar, public: 2 occupations by the same employe, {section 208(x)} r. d. The- entrance rate for' inexperienced workersn. the.same accupatioz in the establishment, or; if the occupation is new to the establishment`; . s ' the p�evailino entrance rate for One—-occupation'.among other establishments zn` tie ;. co unity or area, or any minimae rate required by an applica ei,collectzve, bargaia ng } agreement; or e. The prevailing rate established:by`the Secretary; .in accordance. th the Davis-Bacon"Act, as amended, for participants involved zn employment covered by the Danis-Bacon Act. 15. Special "consideration shall be given:.to eligible,'disabled,veterans, special veterans, and veterans w o served in. the Armed Forces and wFio received other th_a a dishonorable discharge wit, in.,fear years before, the date: of their `applicatiact S :hgrantee, is selecting participants'for 'programs�:funded under Title VI o£ the Act; shall,tane into consideration the:'extent .that such veterans t, ei,area Sp=chic effort should be made to develop appropra.ate full or. part time- op rtuntties ie= such veterans'. In order ta .ensure ,special 'consideration for veterans; all.spuUlic Service employment vacancies under.Title:VT, except t6se, m which former-, employe' s ar' bei,g recalled, must be listed .with;.the .state' employment serve ce at 'least:48,houzs; (excluding ,Saturdays, Sundays, and hdiidays) before such ,vacancies.are filled., "During th_s period, the employment° service. may; refer-.those ,veterans specified 'above If su_szcient`numbers of,:veterans are not available, the_employient servsce, ,'upari rec�uzst, ' ma, else refer members` af other sxgni icant segments. All other.applicants are. ta ba re=erred after the 48-hour period- {section:205_(6}.(5)}:. Subgrantee should.��utilize ,.the assistance of State and local veterans employment,'.represeatatives in formulating its program objectives. Subgrantee shall, on:'a continuing andt�.mely basis, provide _ , x in=oruation on job vacancies .and`;train�ng;opportunities funded under= Ta ti VI'of the Acs: to'State and `local';veterans Otiploymentrepresentatives:and.to,<other veterans organizations far the ;purpose of''disseminating °information: to eligible veterans : (section 104(b) of' Emergency Jobs and Unemployment-Assistance Act of:'1974} C. Additional Assurances for'Title -VI Programs. yM a1 1. Only persons residing-within the geographic area �;hich is prescribed for eligibility under this,'Agreement`w�ll;;be;�hired to° fill'jobs created "under=Title; Vl of the Act and that' the public services provided by: sucnjobs,' shalt, to the.ma mum extent feasible, be;designed to.benefit, the'.residents of said .area, e�.cept that funds:-allocated ureter Title VT of the Act (section 603:(a}{2}(B}} to an area eligi.b°le;for `assistance "under_; Title II of the Act shall onlyi'be-used. to provide 'project. and program apportunities..to persons residing n .those areas of°sub'stantial unemployment as defined in °section. 204(c) 'of,_ the:,pct ' (section 603{a} (2)}- :. 2. To the maximum:extent possible, administrative staff."shall: be'drawn from une�ploved and underemployed persons (section- 205(c)(20)). �I -Initials: Subgrantee. County, Dept 00 '26- PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) }y Number [ 22 ! 1. PS1: Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects: Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s) . Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number (n) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee' s deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs) , page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verificfltion of eligibility for participation. Initials: W— ;L-C Subgrantee County /bept. 01.)�/' f PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) _ Number 2 8 722 Subgrantee .nust obtain written verification of eligibility from the County's Manpower Froject Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 50 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)] . C. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i) , (ii), (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. 7 Initials: / Su grantee County Dept. -2- '��. i PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 3 Number (3) In hiring such new participanr.; hereunder, Subgrantee shall sllocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i) , (ii)', (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Knightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)]. 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: Su grantee County Dept. -3- PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Dumber 28 - 7222, 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreeinent for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Suborantee' s program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training) ; and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; C. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: AW 'C' u grantee County Dept. I0730 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number - '732 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised] , Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work-related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: Subgrantee County Dept. PROJECT JOB SPECT ICATIONS (CETA Title VI PSE Projects) Number 2 Q t7 _ 7 el 9 1. PSE Project Job Positions. ,`,TTlnru T,,,Jr.TFn crunnT. DTR'rRTCT (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (plan-Konths) :116 10/16/77- Maintenance Helper 2 23 9/30/78 x117 9/6/77- Maintenance Helper 4 48 9/5/78 136 7/12/77- Security Aide 2 24 7/11/78 ;137 7/19/77- Typist Clerk I 1 12 7/18/78 x138 7/11/77- Maintenance Helper 4 48 7/10/78 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to the Prior written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: ' i Subgrantee Count Dept. Wit"02 PROJECT BUDGET n Plumber r-+ 7 1. PSE Project Budget. ANTIOCH UNIFIED SCHOOL DISTRICT (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Projects under this Agreement in accordance with each Project Budget of allowable program expenditures, as follows : SEPARATE PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (1) L116 10/16/77— (a) Participant Wages $ 17,336 9/30/78 (b) Participant Fringe Benefits 5,624 (c) Training —0— (d) Supportive Services —0— (e) Administration 1,997 TOTAL (Project Payment Limit) $ 24,9.57 (2) x117 9/6/77— (a) Participant Wages 39,920 9/5/78 (b) Participant Fringe Benefits 12,950 (c) Training —0— (d) Supportive Services —0— (e) Administration 4,237 TOTAL (Project Payment Limit) $ 57,107 (3) # 136 7/12/77- (a) Participant Wages 19,054 7/11/78 (b) Participant Fringe Benefits 6,068 (c) Training —0— (d) Supportive Services —0— (e) Administration 1,832 TOTAL (Project Payment Limit) $ 26,954 (4) # 137 7/19/77- (a) Participant Wages $ 8,049 7/18/78 (b) Participant Fringe Benefits 2,721 (c) Training —0— (d) Supportive Services —0— (e) Administration 862 TOTAL (Project Payment Limit) $ 11,632 Initials: Su grantee County Dept. —1— Of) ioj PROJECT BUDGET Q Number 2 8 i t� SEPARXTE PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (5) #138 7/11/77- (a) Participant Wages $ 39,927 7/10/78 (b) Participant Fringe Benefits 12,584 (c) Training -0- (d) Supportive Services -0- (e) Administration 4,201 TOTAL (Project Payment Limit) $ 56,712 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan for each Project, in the form and manner required by County, and subject to approval by County. Expenditures under the above budgets shall be subject to each Project' s PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, Cumulatively for the term of each Project. Subgrantee shall maintain a current PSE Program Plan for each Project, on file with County' s Manpower Project Office at all times, in the form and manner pre- scribed by County, and Subgrantee shall comply with each PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure") , and must not exceed 115% of the projected monthly amount (said 115% of projection . shall hereinafter be called the "maximum monthly expenditure") . County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s) . County will disallow any co:;ts incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County' s payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. Initials: S bgrantee County Dept. -2- 4 PROJECT BUDGET Number 28 - 7 ,92 3. Subgrant Summary. Separate Project a. PSE Project. Project Term Payment Limits (1) #116 10/16/77-9/30/78 $ 24,957 (2) #117 9/6/77-9/5/78 57,107 (3) #136 7/12/77-7/11/78 26,954 (4) u137 7/19/77-7/18/78 11,632 (5) #138 7/11/77-7/10/78 56,712 TOTAL (Agreement Payment Limit) $ 177,362 b. Subgrantee' s expenditures hereunder for each Project specified above shall not exceed the respective Project Payment Limit set forth above for each Project. Funds budgeted above for one Project may not be transferred to, "carried over," or expanded under any other Project. Initials: ubgrantee County /Dept. -3- 00� � In the Secrd of Supervisors �� O I (? ` 7 , Contra Costc County, Stote of California Dacember 6 19 77 In the Mott--r of sanding the September 20, 1Q77 Board Order authorizing execution of Subgra.nt Agreements with rorty-Seven CETA Title VI PSE Project Subgrantees The Board having authorized, by its Order dated September 20, 1977, tae Director, Eu-nn Resources Agency, to .execute Subgrant Agreements with forty_ -seven designated CETA Title VI PSE Project Subgrantees, including the City of Antioch, Martinez Unified School District, and Antioch Unified School District, for full implementation of 122 Public Service Employment projects during the period June 20, 1977 to September 30, 1978, and The Board having considered the recommendation of the Director, Hu-nn Resources Agency, regarding the need to change the project payment li=it ar:oL-nt and number of jobs authorized for certain PSE projects conducted by the City of Antioch, i•Iartinez Unified School District, and Antioch Unified School District, in order to reflect recent progra^.atic and budgetary adjust- ments made in accordance with guidelines established by the County Manpower Advisory Council; IT IS BY THE BOARD ORDERED that said September 20; 1977 'Board Order is HE-?.EBF AMENDED to change the amount of the "Maximum 12-Month Project Payment Limit" set forth in the "CETA Title VI Public Service Employment Project SuSgrant Agreement Specifications Chart" for Projects 1170 and P171 conducted by the City of Antioch, for Project #1463 conducted by Martinez Unified School District, and for Project #116 conducted by Antioch Unified School District; to change the "Number of Jobs" set forth in said Specifications Chart for said Project #116; and to change the amount of the "Maximum Subgrant Agreement Pay-ent Limit" set forth in said Specifications Chart for each of the three aforementioned PSE Project subgrantees, as specified in the attached Amended Specifications Chart, while all other parts of said Board Order remain unchanged and in full force and effect_ PASSED BY THE BOARD on December 6, 1977. hereby certify that the foregoing is a true and correct copy of an order entered an the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of tate Board of 0_ig: 'Human Resources Agency Supervisors Attn: Contracts b Grants Unit cc: County Administrator affixed this 6th day of December 1977 County Auditor-Controller County Manpower Project Director •� . �l J. R. OLS-SON,ON, Clerk Subgrantees By (Lf/ Deputy Cleric Jeanne 0, i:ao✓o P-iP:dg H • 2< v,—, t 5ci (Attachment to 12/6/77 Board Order) , A M E N D E D S P E C I F I C A T I O N S C H A R T NUMBER MAXIMUM 12--IIONT11 PROJECT MAXIMUM SUUCRANT AGREEMENT PROJECT OF JOBS PAYMENT LIMIT PAYtIENT LIMIT SUBGRANTEE NUMBER Previous New Previous New Previous New City 'of Antioch 169 3 unchanged $ 42,000 unchanged 170 6 it $ 78,416 $ 80,832 171 3 it $ 41,105 $ 42,210 172 1 It $ 12,400 unchanged $ 173,921 $ 177,442 Antioch Unified School District 116 4 2 $ 57,107 $ 24,957 117 4 unchanged $ 57,107 unchanged 136 2 " $ 26,954 " 137 1 " $ 11,632 it 138 4 " $ 56,712 If $ 209,512 $ 177,362 Martinez Unified School District 146 5 unchanged $ 62,000 unchanged 146E 2 " $ 29,058 $ 28,481 $ 91,058 $ 90,481 o�T ANTIOCH UNIFIED SCHOOL DISTRICT Antioch, California RESOLUTION 1977-78-7 RESOLVED, that Antioch Unified School District, a Public Agency duly constituted and existing under the laws of the State of California, approves an Agreement with the County of Contra Costa for the term from July 11 , 1977 throug:s September 30, 1978 for operation of a CETA VI Projects Program and that Ralph R. Burris, Business Manager of Antioch Unified School District, is authorized and directed to sign said Agreement on behalf of this public agency and to execute any bonds or other documents required in connection therewith. r s DATED: October 12, 1977 1 ( i In the Board of Supervisors Of Contra Costa County, State of California December 6, , 19 77 In the Matter of Making a Determination of Utility Easement Rights for Various Subdivisions. It is by the Board ORDERED that a determination is made that the division and development of the properties in the manner set forth on the respective final maps and parcel maps for the following subdivisions will not unreasonably interfere with the free and complete exercise of the public utility rights of way or easements: Subdivision Area Owner MS 165-77 Alamo Mr. 0. Kemp Box 316 Alamo, CA 94507 MS 138-77 Oakley Bob Helms 115 Hillside Drive Antioch, CA 94509 PASSED by the Board on December 6, 1977 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: Public Works - LD Supervisors Mr. 0. Kemp affixed this 6th day of December 1977 Box 316 Alamo, CA94507 J. R. OLSSON, Clerk Bob Helms By G-up Deputy Clerk 115 Hillside Dr. sous Antioch, CA 94509 H-24 4/77 15m J -', _.t; � 7, BOARD OF SUPER, ISOP%S OF CON"'PA COSTA COUN'7�, CALIFORNIA 1977 NOTE TO CLAIMANT I to you i's you,.L (71:1.im Against County, opy o�) CL .C,.4- CC, lou'L eC7 Rouli!io( Endorsements, and _&'? b!I t,'? Bo:--d Action. (All Section Bcatd o Supc,,1vZso.,16 (Pataq.t-a h III, baot:�,f, LV - 10 reFerences are to California give;' tO G0v,.1t;vre;1.-t` Code Sec�io;,,s 971 .8, Governmio-i--1- Code.) 913, 6 915.4. Pteaze note the `cw-Lning" betow. C. S1i.1--4*iaai, 6�416 Arlington Blvd. , Richmond, CA 94805 A A:.,-junt: $500,000-00 Hand-delivered ';.ite Received: Nov. 4, 1977 By delivery to Clerk on 11ovember ^ 1977 By mail, postmarked on j. FROM: Clerk of the Board of Su-pervisors TO: County Counsel Attached is a copy of the above-noted Claim or Application to File Late Claim. DATED: Ylov. 7, 1977 J. R. OLSSON, Clerk-, By P 1 Deputy 11. FROM: County Counsel TO: Clerk- of the Board of Supervisors (Check one only) This Claim complies substantially with Sections 910 and 910.2. J This Claim FAILS to comply substantially with Sections 910 and 91 j Kf, so notifying claimant. The Board cannot -act for 15 days (Section 910.8) . ?, are COUNyy C'W Claim is not timely filed. Board should take no action (Section 911.2) . The Board should deny this Application to File a Late Claim _(Section 911.6) . B. CLAUSEN, County Counsel, By- JV T F D JOHN i Deputy I11. 60ARU ORDER By unanimous vjte of Supervisors present (Check- one or:l,y) (XX) This Claim is rejected in full. This Application to File Late Claim is denied (Section 911.6) . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: Dec. 6, 1977 J. R. OLSSON, Clerk, by Deputy Sandra L.' ffie son WARNING TO CLAI,'LAN7 (Government Code Sections 911.8 c. 913) You have onty 6 mcnths 6tom the waZ66:g ca, thzs notice -to you F,.,ctzij,t je.,'Lich to a couvtt action on thiz -Lejected Ua, m (gee Govt. Code Sec. 945.6) ori 6 months 4um the dm&Z o6 yours Appf-ication to F- e a Late. Cexbn aw&diin which to petition a coutt 'ot teZel%' 6,tom Section 945.4 ,s ctabij- iung deadU,!e (,See Sac"-icn 946.6) . Yo., zc.-z ltj':e advice o' any attotney o' yowt cho.Zce in conptectZon tvituft tfj,i,�s 1A"Z:17*-'!:. you tcant to conzut t a;: you shoutd do so ii;irnediat-ee!t. IV. Cl..,L.k of the Board TO: (1) County Counsel, (2) County Administrator, Public i',orks, Business & Services Division Attached are cop --s of the above Clain, ov Application. We notified the claimant of t.'; Board's act-ion on this Claim or A-,. )lication by mailing a copy of this and a -memo thereof has been filed and endorsed on the Board's copy of --!aim in accordance with Section 29703. DATED: 1, 10177 J. R. OLSSON, Clerk, BV - — Deputy V. Fu"-( f Counsel, (25 Count;- Administrator, TO: Clerk of the Board (3) ?--I�lic h*orks of Supervisors Received copies of this Claim Or ADPliCaticn and Board Order. DATED: 1)�c. 6, 1977 County Counsel, By County Administrator, B,: Public Works, B), i3 1 40`40 7 I L N'0V 1977 J. R. o�ov CLERK BOARD Or SUPER`JlZORS CoN.rr� cos co. CLAIM AGAINST THE CITY AND COUNTY OF Charter Section 87 and Government Code Sections 910 to 911. 2 require that all clai=s must be prosentod to thn CONTROLLER or to the CLERY OF THE BOARD OF SUPERVISORS within 100 days from date of accident or incident. CLAIMANT S NAME ALYCE Si �N CLAIMAINT'S ADDRESS off' 6 ARLINGTON SLS. TELEPHONE 23" 5311 RICi 40ND, CA. 94805 AMOUNT OF CLAIM S $500,000.00 ADDRESS TO WHICH NOTICES ARE TO BE SMN'3' 6446 ARLINGTON BL—VD., RICE-IOND, CA. 94805 DATE OF INCIDENT JULY 29-30, 197SERGEAPIT MLkRT I\i, OFFICERS HODGIZIS &: JAMICE PIPIOL� POLICE DEPT. 2121 PEAR ST. , PIN E, CA. LOCATION OF INCIDENT DOCTORS" HOSPITAL, 21-51 APPIAiv , PI:iOLE, CA. 14ARTIi-EZ COUNTY HOSPITAL, ALINAI43RA RD, MARTItii CA. (Both of Contra Costa. County) HOW DID IT OCCUR NEGL�-ENTLY REFUSED TRERAT'M NT AT TACTORS" HOSPITAL. F RAUDULEN R�.RES- TATION MADE i3Y P_R:�S 1�I'LY Uir:u'IOdi1 POLIO. Or IC`1 ASSAULT, BATTERY, FALSE E,! RISON,4:�'1T &SLAND::R/LIBEL, COI`MITTED BY DESCRIBE DAMAGE OR INJURY P.fiSTCAL & Ei;OTIONAL INJURY NAME OF PUBLIC EMPLOYEE(S) CAUSING INJURY OR DAMAGE , IF KNOWN PRESENTLY UNiG101rR4 — BOTH HOSPITALS RZ—o'USE TO GIVE THE NAI-LES OF THOSE R S ONS1:3T. GIVE LICENSE NUMBER. IF VEHICLE IWOLVED: ITEMIZATION OF CLAIM (List items totaling amount set forth above) AMBIT--INCE (5 trips) 558 .00 Pd. by Mledical-Medi car- PSYCHOLOGIST ( 10 visits) $ 230 .00 to it it RICHMOND HOSPITATT ( 2 visits) $ 130 .00 (appr) ALTA BATES HOSPITAL ( 1 visit) $ 60 .00 (appy) Set"-Pay TAXI ( _`) tri ps) $ 21 .00 11 to Dr. Austin Aber_ $ 15.-00 ad. by 1,.edi-cal EIMOTIONAL AI-TD, PHYSICAL Da-''A-aF 9? ,;'?: .00 TO TAT, WD00,000 .00 Signed by or on behalf of Claimant Z11 with f;�c.o:�lmed with board order �O:�E2D GF "U?rF�%ISQRS 0:' CO`:TF:'� CCST:\ CQ `:1Y, C:ILIFC?`:It�. DC+ �I:D iiCi'TO : Dec. 6, 1977 NOT:. TO CLAIVANT Claii-a A�ainsz the County, ) h—_ c.op o� ii'.-(-S C:GCCIIrC'.iLi Iiv�i,�ei -to YOU tiS .';,'!'CL''L P.cutin, Endorsements, and ) ;?a✓CC CD 'I"he QCttC'it Baker, On yCIPI/L cf_rLq by e",:c EGard Action. (All Section ) Boa,7d eSupvzv.t-So,-_S (Pakao aph III, be('_ew! , rc`erences are to California ) give;! ptut-5uan.t to Gove,%i:ment Cade. Ser-tior•.s 911 .8, Gc: Tri^-` Code.) ) 912', 6 915.=1. Please nctie the "teaani;19" beZotc. C;s:.;.�; "ale S. i l i.arns, 275 St. .:�Lristopher Dr. , Danville, CA .13en, Jr. A.� ilf:rr . '_' auiessen & Gagen, 11. Profess. Lonal Corporation, Attorneys at Law, 177 Front St. , P. O. Box 218, Danville, Cil 94526 Ar-.,)up Undet-erriined L: Received: h'ove.aber 3, 1977 By delivery to Clerk on By mail, postmarked on Nov. 2, 1977 Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim or Application to File Late Claim. DATED: Nov. 3, 1977 J. R. OLSSON, Clerk, By W."/I )CY V- ,l Deputy Sandra L. tie son II. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check one only) ;• , ( ) This Claim complies substantially t.ith Sections 910 and 910.2. ( � ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board c.innot act for 15 days (Section 910.8) . ( ) Claim, is not timely filed. Board ti,ould take no action (Section 911.27) . ( ) The board should deny this A;:plicazion to File a .Late Claim (Section 911.6) . DAT ED: : _ 7 7 JOHN B. C i:,.s . '�, County Counsel, By, i c-,_ ._ �/, �,1_ Deputy �i hi ORDER By una nL:;a :s vote of Supervisor.s present (Check one only) ( t ) This Claim is rejected in full. ( } This Application to File Late Claim is denied (Section 911 .6) . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: Dec. 6, 197+ J. R. OLSSON, Clerk, by �� �,fi /,/;, yl, l �(1��fi7L�, Deputy �•.A.ndra L.' WARNING TO CLAI-LkNT (Gove--nment Code Sec-.;ons 911.8 & 913) � r YOU !Cave o; y 6 mon thS 8h.Om Le r..,T ig 06 L(.5 n0t(.ce ;CO yOCL CU(�aLLjL Ctir ch •t0 311.e a count action on thi,a Lejec_eLi C.Caun (.see Govt_. Code Sec. 945.6) o, n ,,,c;-,ths Dycom the den.i.at o6 youx Ap-,gtieat,,_on .to Fite a Late C aim we tfLi.;zz which tc -� tZtion a eouz.t Doh hetieD Diem Section 9=15.4'.6 e,eaun-6i&-;ig deadP.i.r_e (See 946.6) . Yea may seek .tncc advice e' any a;tohnetf o' youtt choice .in connection lVit L thus I;' you team to cci:aU.C.•t an aotc •sf ow_d do s0 iinmewCateiti. IV. � _',•f: Clerk of the Board TO: (1) Cour:-y Counsel, (l) County Ad-ministrator, (�) Public Works, Business & Services Division At':tshed are copies of th::. above Cl,,.;;.-, or Application. We notified the :lairiant noarr'3 action on this Claim or application by mailing a copy of this a:d a metro thereon has been filed and endorsed on the Board's copy of this Claim in accordance Section 291-03. D�TSCI: Dec. 6. 197 ' J. R. OLSSO`�, Clerk, By �;;` 7 G, iI ;^ 0. �7 ) , Deputy, V. F$0:•1: (1) Co,umy Counsel, (2) County Administrator, TO: Clerk. of the Board (3) 1'u.)iic 11.orks of Supe=r:isors te RPcei•.'ed copies of this Claim or r:pplic tion. and Board Order. 1 r���'l.A2 DATED: Dec. 6, 1977 County Counsel, By County Administrator, By PU'0 is ;'corks, By e � 1 DIERRILL, THIESSEN & GAGEN y A Professional Corporation r P 2 , Attorneys at Law 177 Front Street, P. 0. Box 218 f:L �> 1977 Danville, California 94526 !� Telephone: (4 15) 837-0585 J. R. 0:5.+ON F CQAX ;OA40 0; SU?°RY;3C;14 Attorneys for GALE WILLIAMS �;:,.�NTRA•C,QRA CO. ' ' . 5 ' 6 � I 7 8 BEFORE THE BOARD OF SUPERVISORS 9 COUNTY OF CONTRA COSTA 10 GALE S. WILLIAMS, ) 11 Claimant, ) 12 vs- ) CLAIM FOR PERSONAL 13 CONTRA COSTA COUNTY SHERIFF'S ) INJURIES DEPARTPIENT; DEPUTY E. RAITER, ) 14 No. 26351; and, DEPUTY J. KAIN, ) No. 22794, and DOES I through X. ) 15 ) 16 `I TO THE COUNTY OF CONTRA COSTA AND THE SHERIFF OF CONTRA 17 , COSTA COUNTY: 18 !I ' You are hereby notified that GALE S. WILLIAMS, whose 19 ` address is 275 St. Christopher Drive, Danville, California, claims 20 I damage from CONTRA COSTA COUNTY, SHERIFF'S DEPARTMENT and employet-s II 21 I thereof, specifically, DEPUTY E. RAITER and DEPUTY J. KAIN in an 22 amount to be shown according to proof. This claim is based on 2311 personal injuries sustained by Claimant GALE S. WILLIAMS on or 2.1 I, about Auaust 21, 1977 in the vicinity of 275 St_ Christopher Dr. I and 851 El Capitan Drive, Danville, Contra Costa County, California, 26 under the following circumstances : i LAW CF�ICF5 1.1ERHILL. THIESSEN a GAGEN A PROIESSIONAL CORPO RAT.O). i 17:FROwT STREET �t,� f•I L DANVILLE.CA 74516 I IvtIo I withbo:7(c� order.5L.4310 i r l i� I i i 1 (I Mrs. Williams was brutally beaten about the head with a 2 club being wielded by DEPUTY KAIN with the assistance of DEPUTY 3RAITER following a report that Mrs. Williams was disabled and i ) required the assistance of the SHERIFF'S DEPARTMENT pursuant to 5 Welfare and Institutions Code section 5150. In attempting to G j extricate rlrs. Williams from her car after a brief police "chase, ' i DEPUTY KAIN, without provocation and without any authority of law, 8 ! struck Mrs_ Williams across the face breaking her jaw in several i 9 places and doing irreparable damage to her teeth. 10 The amount of this claim is according to proof, since 11 treatment is ongoing. 12 I All notices and other communications with regard to this 13claim should be sent to claimant' s attorney at 177 Front Street, f 14 P. O. Box 213, Danville, California. 15 j Dated: November 2, 1977 i 16 j MERRILL, THIESSEN & GAGEN ^ I A Professional Corporation I 1; Bv 19 li WILLIAM GAGEN, J 20 21 22 23 I 2 < II 'T I �I 2G it LA'li OFFICES 00744 !',1ERRILL.THIESSEN C GAGEN A i'R PGRATIn.N Microfilmed with board order C7R aORaT�Ov � IIT FRONT STRFET D anWLLE.CA.94%?S I T EL.371 OaS 7 In the Board of SuparAsors of Contra Costa County, State of California AS EX OFFICIO GOVERNING BOARD OF CONTRA COSTA COUNTY S.=iIiTATION DISTRICT NO. 15 fDPrPrrb-r h . 19 77 In the Matter of Approving and Authorizing Payment for Property Acquisition - Bethel Island Area - Sanitation District No. 15 1•1ork Order No. 5400-927 IT IS BY THE BOARD ORDERED that the following easements and Right of I•lay Contracts are APPROVED and the Public Works Director is AUTHORIZED to execute said contractson behalf of the District: Parcel C:,~tract No. Grantor Date Address Amount 19 Bethel Island Plunicipal 10-28-77 P. 0. Box 244 $100.00 Improvei:rent District Bethel Island, CA 4A Sang Orona 11-6-77 Valley Plaza Center $100.00 Bakersfield, CA 93304 The County Auditor-Controller is AUTHORIZED to draw warrants in the amounts specified to be delivered to the County Real Property Division. The County Clerk is DIRECTED to accept said Easements from above-named Grantors for Contra Costa County Sanitation District No. 15. PASSED by the Board on December 6, 1977. 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. �Yiiiness my hand and the Seal of the Board of Originator: Public Works D�lrar•tment, � ,... Real '`roperty Division ,,c..,Crvisors affixsd this o'fh day of December 19 77 cc: Auditor-Controller J. R. OLSSON, Clerk By �G-�� Deputy Clerk N. Pous In the Board of Supervisors of Contra Costa County, Stag of California December 6 , 79 77 In the Matter of Authorizing Attendance at the National Association of County Manpower Officials' Sixth Annual Conference On the recommendation of the County Administrator and the Director, Human Resources Agency, IT IS BY THE BOARD ORDERED that the person listed below is AUTHORIZED to attend the "Sixth Annual Conference of County 11anpower Officials", in San Francisco, California, December 11-14, 1977. Expenses 100% federal reimbursable funds. Bernadine Braud, Chairperson, Pianpower Advisory Council PASSED by the BOARD on December 6, 1977. 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: Director, human Resources Agency Supervisors Bernadine Braud, Manpower Office "r affixed this 6th da of D-re,:,ber , 19 Jud} : eller, Manpower Director Y 77 County A:iministrator County :auditor-Controller J. R. OLSSOU, Clerk By yt , ' n Deputy Clerk Sandra L. I Nie son 0-01-46N- 24 4/77 15m In the Board of Supervisors of Contra Costa County, State of California December 6 , 19 77 In the Matter of Authorizing Attendance at Meeting IT IS BY THE BOARD ORDERED that the person listed below is AUTHORIZED to attend the following meeting; charges to be at County expense. NAME A14D DEPARTMENT MEETING DATES CHAP.GES Edward H. Allport H140 Conference December 6-8, 1977 $254.00 Medical Services Seattle, I-lash. PASSED BY THE BOARD ON December 6, 1977. 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 Orig: Director, HR.A Supervisors Medical Director h 6th December 7 YHP Director affixed this day of 19 7 County Administrator J. R. OLSSON, Clerk County Auditor-Controller By �� 7/I• %� �a / y,� Deputy Clerk Sandra Z. di�lson 001,47 H 24 8/75 10M l � in t1he Board of Supervisors of Contra Costa County, State of California December 6 , 19 77 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 . Consent to Offer of Dedication and Subordination of Easement Rights 10/5/77 Gilbert C. Mendoza, et al SUB MS 90-77 PASSED by the Board on December 6, 1977 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 this6th day of December 1977 J. R. OLSSON, Cleric By Deputy Clerk Originating Department: Public Works K PODS Land Development Division cc: Recorder (via P. W.) 00Fl4�y Public Works Director H -2..1 4;77D�irector of Planning In the Board of Supervisors of Contra Costa County, State of California December ber 6 , 19 77 In the Matter of 1 Acl.i.ao:•lledgii:E; Receipt of Report Ci):,cerning Write—off of Certain Ho .pital Accounts Receivable. } J Pursuant to Resolution No. 74/640 adopted by the Board on July 23 , 1974 the County Auditor—Controller has submitted to the Board a detailed monthly report of certain County Hospital accounts written off during the month of October, 1977 which amounted to $16,905.49; IT IS BY THE BOARD ORDy,,='ED that receipt of the aforesaid report is hereby ACKNO.1LE'DGED. PASSED by the Board on December 6, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the r.:inutNs of said Board of Supervisors on the date aforesaid. �,or—Controller Witness my hand and the Seal of the Board of cc' Coiinty Audi County AcL-ainistrator Supervisors affixed this C• nday of December 19 77 i J. R. OLSSON, Clark r By Deputy Clerk Ronbie LL : ,i errez �"A� 11 . 2-1 3;'76 Ism � LNfRA CUjTA CLUNIY HELICAL SERVICES REPORT TO Z91,.j- 7 DAVE J Ak.CWN1 , RECEIVABLE 'siklTE—UFFS PAuCLSS GAIE 10/29/77 Ai LF I0/z7/77 OTHLR PRIVATE Pt?IVATc MISSING U,.SALLOW MtUl—CAL SH—OOYL,E GUARANTUR F U N INVUIU'E S/P AMOUNT PAY MEu1CARF- MIDI—CAL INSUkAWCE LABtL:► PROCEUURE LIABILITY LIABILITY ' t ;.raL� 2 ,857. 12— 83.34— LC5 74. 11— . t7�tia5 tGN1 L` PVT PAY ..._.. ........... . . .1S5ILtILU - Al it SS !t:1tED - A2 }� ASS ti�tvLU — A ,J 1 _ .. _. _ _._...__...._ ASSIGNED — A5 A5S i L-NE0 - A6 __- ASS I (NEu - Ai AS., I i,NE0 - Ab I ClvEC� - A15 ASSICN U — AC 195.4.1.---= * i • i i ! i i i ! i CI.Nl iiA COSTA CGU1141Y MEU ICAL SERVILL S kL-PURI YO, 2ciiu;-7 NAGL 2 ACCUURTS RLU IVABLE WhITE–OFFS PROCLSS UATL 10/21/77 CF NKIV+ATE MISSING 015ALLUw MEDI–CAL SH–OUYLk ' 0THER PKIVATL uUARANiUk F U N INVIJICE S/P AMOLNT PAY r EoiCARE MEDI–CAL INSURANLt LABELS t'NUCEDUtrE LIABILITY LIABILITY ! ! h ii-oELL, MICHAEL f2 2t49CC-2 CZ-2457S E Hi4kY,I:LLt MICt7AEL R 2b49GC-2 C(.39041 L hK�va , hALLACE L 196677-5 CBS54C1 iC5 5.64– Fr'sN�, Y4.pLLACE L 1S6677-9 1211058 ZC5 .8u ! ti;l 'ETT , LLAULE:LL 073348-0 OCb052 E LGLKETI , CLAULELL L73356–G C912t15 t 3.47– C LREP .47–LLREP Ei_ML hER6EK 1.46478-1 CS34404 E 39.bt1– hL.) Rt KAY MARIE ibi53S-7 C45161C t 1.1.71– N,aMiAN, 7HUMAS LOU i-154EC--3 GE573:4 28.20– C L 8.20–CL NEtr , i.L LUN 114 U.31715-4 C535Cc3 i. a1. 72– CLiVE�,, LLEwN IL 031715-4 iC816C5 L fk, .tU– CLiVtk, CLE61\ IE 037775-4 IC87837 L ;b.31– • LL :VLh , Cl.EUN IE x;.37775-4 i IGCu:'9 t G.20– • rvii, I.L, t•LLtN :3CII63-7 1330966 J 7U.OL)– R,,cL, t-wLLN 301783- 7 13-iC967 J fu.i3U– ialtv_,I +ti, vilLL NMN 44E548-5 C:. 154L4 -tj•'�o– ru, i,,Uti�jzl I , w1LLINM t54b14–i 1160534 LC5 5.c,4– V � �r i ►;, S YtrV:ltrl� , rtt 2t304G 1-2 C89b115 F �t7.Crr– 1+ t1 h, YLVANUa Erb 4bG2L7-2 CS 31111 L _, {'t. iCnLAt�i,, '� 1LL i+4 t�:4S54-5 13c2t: 35 h 5.75.:.ts— —,uti, kAPh;sLL LL i 253:43-5 1 :U.?94y Z05 .:-:.TMANt VIuLEt 'CL 4 /b4LC4–ti i1357 .)G 405 �TNAIr, VIuLET Eu 47ECe4-J 136S7C5 LG:) 76– ANILNIA kUlL 2E(164–u 1117-516 c 3G. lb– ..tr'i CENl * kulZ 2F C494–G 1103,)32 E u61•"�– ; t tr, AN*lLi\ IA BUIL [EE.4S4—i 112.39a3 c.. i'LNTRA i:CSTA CCUNIY NCUICAL SEKVICES REPURT TO 29IJ-7 PAUL 1 +1,LLCUN1� kiLCEIVAEILL voRiTE-GFt-S PROCESS i+ATE ju/ ,9/77 LF 10/27/77 OTHLR PRI VAT L PRIVAI E MISSING U1 SALLUW MLOI-L.,L SH-OuYLL • GUARANI UfR V U N iNVLjICE S/t' AMU UNT PAY MEti1CARE 1.1 EDI-CAL INSUkANCt LABELS PkUCEDURE LIABILITY LIABILITY JEFF oAY 10147.1-e 12C393.1 28.20- faNiAY k 064767-5 132c204 1:1 r, t LN FUCt KS 23F540-S iC579i,5 48.10 GEukGE EGitiA 161144-6 1172386 L X1.90- ol-,C,�N, GLl.,RGL LjVtA 187154-6 1191395 c j7.ou— Jkt,i.,N, GEORGE tUWA 1b7194-6 1191396 L 62.59- 8.,t-i AN.4N , wlt.kt,i1 2162C7-1 Cci023:i6 E %05 21.56- 16.55- [3.,l,i�k',I\tii�, ►rlLi�uY clo�:i7- : 0947874 t `S.Gt — f� Bu; iiA.l/;N, UILf<UN` 116207-1 1C04356 dt=i :fril �R, +qli- kUY 2162U7-1 1LZLS s7 L ;: usi Ur\, Vf 4UN ILA t_ 0tu 7'71-C 1145164 z-,0161,, IV LOUN i CA L 020 791-C 1 195170 26.20 f L4PL, Lt kEI1 A At,iVE. IC9t32-0 13730ib 5.64 LLhLi•. 155c60-3 1197433 LC5 1i.u4- ti~Ct nt i:LNtri 1.:t6G-3 1264782 105 i l.oc .CCN, ELN€ r• 15E46C-3 120563 ti a 7. 51- u . 52-U 4L�t., tLVLr 1552ou-3 126556h 40: 1. 52- -UMAhi AY , CUNKAUC 2ECS41-b 1130123 L i)4.59- � , Av41vriC , GLUt,(.jt- N 239159- 7 1C244t;,5 L r i:Ci, 4C, t-.i1Rri1t1 Air 2L-64' 72-0 114667`7 Z05 20. 53 hck kt'iC80, LOU t72Fi4C-:: IL756S4 L 52. �iEj- Et,IN Ik- J E A L3347bd c t ,rLf_R, Rt,�a t35t, 1245542 LC5 7. 90- ii 8V, iiUviALC v: U:.)b344-U 1242153 L t_=t.UU-- ri -r'„LLL , Mii,tIALL tc Z:64 SL-2 CS:+tj21 L �t4.6j— tt�r.,,cLL , t"Jli.hALL 4t4SGu-2 CtU314:3 MILbA =L k 264S0u-2 Ltlt,043 it a. tG - ���1 It�f✓ i CONTRA COSTA COUNTY MEDICAL SERVICES REPORT TO 2910-7 PAGE 4 ACCOUNTS RECEIVABLE WRITE-OFFS PROCESS DATE 10122/77 0 AS_.OF 10/20/77 • OTHER PRIVATE PRIVATE MISSING DISALLOW MEUI-CAL SH-DOYLE GUARANTOR F U N INVOICE S/P AMOUNT PAY MEDICARE MEDI-CAL INSURANCE LABELS PROCEDURE LIABILITY LIABILITY ! 'o SCUDER, GEORGE THO 046717-5 131.1392 Z05 5.84- SQUIRES# FRANK JAM 158164-2 CE4626Z E Z05 18.00- _ TFCMPSC1Nt SIMMS NM 2110EE-0 1265796 Z05 17.92- � T INKERt EVERL ENA B 15141.6-5 13016516 105 .01 11 TURNER, MARIE NMN 249033-2 1368993 Z05 9.40 VARIZt FRANK ANTON 256158-7 0857374 Z05 7.40- VASQUEZ, UOLGRES M 252463-5 1238921 Z05 7.52- VIGIL, ISABEL 110056-5 1416323 _ __ _ _ __ _ __ 7*52- WALFORD, ALTHA 127403-4 1312882 ZG5 .01 �iASHINGTONt ORL.YN 062312-4 1326176 Z05 25.44- I � WASHINGTGNP ORLYN 062312-4 1365463 105 7.52- WHEELER, PERRY 162346-7 1367314 Z05 9.40- � kiOOUS, CLYDE 113604-9 1305791 ZC5 9.08- . W00D5, CLYDE 1136OA-9 13.12617 Z05 5.64- TOTALS 167.61- ZG5 812.33- . UNASSIGNEC PVT PAY 979.94- ASS I CNED - Al ASSIGNED - A2 ASSIGNED - A3 ASSIGNED - A4 ASSIGNEL - A5 ASSIGNED - AE ASSIGNED - A7 ASSIGNEE - A8 ASSIGNED - AS ASSIGNED - A0 � r CONTRA COSTA COUNTY MEDICAL SERVICES REPORT TO 2910-7 PAGE 3 � ACCOUNTS RECEIVABLE WRITE-OFFS PROCESS DATE 10/22/77 AS, OF 10/20/77 OTHER PRIVATE PRIVATE MISSING DISALLOW MEC>I-CAI, SH-DOYLE GUARANTOR F U N INVOICE S/P AMOUNT PAY MEDICARE MEDI-CAL INSURANCE LABELS PROCEDURE LIABILITY LIABILITY 1 LEE, EENRY C 238356-6 1366713 ZC5 LEISCHNER, PAUL 203596-2 1366034 Z05 29.00- LUTTRELL, JESSE 1- 165522-0 1361701 Z05 7.52- , LYEAY, WILLIAM C65S54-0 1365521 ZC5 5.64- MANSLhv JOEL PETER 275564-5 1369630 Z05 23.27- MANSC N, JOEL PETER 275964-5 1369631 205 13.41- MARGLON, EARL FR AN 270394-0 1315723 Z05 15.20 � MELENCEZ, ANTONIO 140607-9 1/416769 5«64- MITCHELL, DON CLIF 290857-2 1324028 Z05 2.96- MCNNING, FRANCIS L 287047-5 1316238 ZC5 .83- NAPOLITANO, FRANK 224030-7 1366463 Z05 12.67- NEWMAN# CHARLES ME 240122-2 1368763 Z05 28.20- GLCRUP, STANLEY riI 142564- 7 1306700 ZC5 13. 19- ter-_ CRT I Z, MiAXIMO 136753-1 1313052 105 33.42- PARDUE, JESSE 163035-9 1299550 Z05 51.04- PARK, HAROLD 6 235938-4 1366757 ZG5 b.53- t FATTERSON, IRMA IR 2ES7CS-2 13C68S8 Z05 26.46- , KILKAkT , GLACYS E 122554-5 1305957 Z05 1.99- RIEGEL# MARGARET C 2783bt-0 IZ60679 Z05 48.00 !� RINEHART , GARRYL 1.34583-4 1353404 L05 3.72- kObLES, JOE L 235062-7 1368653 Z05 5.b4- kUEUR ICh, JGFN hEN 245349-6 1368916 205 28.20- 1 SILVERIA, JOSEPH P 014012-9 1317671 Z05 32. 19- SIMPSON, LILLIAN G 302154-0 1.'.70882 Z05 7.56- :�LAVEK, MELVIN RAY 259682-3 12945UO Z05 16.97 SMITH, LARRIE 146720-6 141666-8 � ' SGRSOLI, JOHN THOM 274304-5 1329735 205 . 01 00 lb4 CONTRA COSTA COUNTY MEDICAL SERVICES REPORT TO 2910-7 PAGE 2 ACCOUNTS RECEIVABLE WRITE—OFFS PROCESS DATE 1{7122177 AS OF 10/20/77 OTHER PRIVATE PRIVATE MISSING DISALLOW Mt;-VI—CAL SH—OOYLE GUARANTOR F U N INVOICE S/P AMOUNT PAY MEDICARE MEDI—CAL INSURANCE LABELS PRUCEOURE LIABILITY LIABILITY • I LRNANDES• RAFAEL 022301-6 1364775 Z05 5.64— FLRNANDES: RAFAEL C22301-6 1364776 Z05 11.12— FLRAN, GERTRUCE EL G27432-4 1371690 1.78 ~ • FG9D, THOMAS BRYAN 248771-8 1368989 Z05 57.20— .' FRENCh, WILLIAM ED 260004-7 1418684 _ 7.52- I ' FRYER, REGULUS CHA 2806S7-4 1316034 Z05 16. 18— HARPER, NATHAN R 244466-7 1368895 Z05 7. 13— WESTER: LAWRENCE. 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FISHLR, ANDkEW LOU 272840-U 1086011 E 32.01- F ISNEhi ANDREW LOU 27Z84U-0 1092315 E 37.60- FOUST, JASPER LEE 205095-3 1272471 ZU5 5.64- FRUSTHGLM, 6LADYS 167619-2 .1265016 L05 22.90- i F-JLMURL, MARY SUIT 192540-3 11537Lo Z05. 5.64 FU iUA, ELIZABETH J 1114U5-7 1229164 10.50 6kEk: GUNALC FRANC 162621- 7 1114643 E 43.74- GLEIt, uUNALU i=RANG 16,2421- 7 1-L I4644 E 1910. 13- - (,LER, CONALG FRANC: 162621-7 1121145 F. 16.00- . olLSERSUNe WILLARD L14470-8 1359828 LU5 81.04- bl8EkSCNv WILLAKU 114470-8 1359819 ZU5 5.64- uQMES , FRANK NMN il8967-5 1267339 L05 14.40- uktEk, ANN 217d8dZ-2 1268544 Z05 18.bu HALL, Li.kEY FRANKL 26555b-1 12bU786 ZU5 9.21- HALL, L'AkEY FRANKL 265556-1 1294659 ZU5 1. 07- • HARRINGIUN, GLOR(A: 291623- -1 1130922 G05 1G4.00- I r hAki%IS , GEORGE H 273247- 7 1315kiU.$ LU5 48.70- iiARkiS, JANL 144272-2 u763ZoU E 28.2U- HARkl S, MATT i E /-66753- 1 1146286 L0.) 5.64- HAKrt1S, ULUENL V 161747-1 1256440 L05 41.38- { } ? ilEivULR.;ZNj NATHANi 185756-4 0319bUZ L 6. 16- 4�i91�1�i➢ LONTNA COSTA COUNTY MEDICAL SERVICES REPORT TO 29LU-7 PAGE: 3 ACCOUNT'S RECEIVABLE WRITE—OFFS PROCESS GATE 10/15/71 AS GF 1U/ 13/77 _ OTHER PRIVATE PRIVATE MISSING DISALLOW MEDI—CAL SH—UUYLE GUAkANTGR F U N INVUICE S/P AMOUNT PAY MEDICARE MEDI—CAL INSURANCE LABELS PROCEDURE LIABILITY LIABILITY LHANULER, 6EVEALY 285617-7 1026264 J 18.00— LHANULER, BEVERLY 285617-7 L026265 J 70..00— CHANULER, BEVERLY 265617-7 1039390 J 62.00— GIARAKINTAkUt ELIZ 209955-4 1279501 Z05 lIt0.8f3— LOLVINt L1LLI AN 24Z23b-8 1218315 _ _ 4.10 CORTEZ , HECTOR GOM 277939-5 0845304 t 16.80— GGkTLZv HELTUR GUM 277939-5 U651497 E 28.2U— I.UKIEL, HECTOK GUM 277939-5 0884450 L 14.99— LORTEiv HECTOR GOM 277939-5 09514.35 E 7. 54— CORTEI, HECTUR GUM 277939-5 0965L98 is 1U. 76— LOkTrL, hELTOk GOM 277939-5 lU19U22 L 14.44— LKANE: JAMES 202567-4 12931.59 LU5 19.2U— t Nkb4t , Uukl$ MARIE 025039-9 1297U48 ZU5 4. 14— . � DARk1N, vETTY ANN 1313503-8 1339996 14 U5 i6.7Z— DARRIN, BETTY ANN 1:33503-8 1360268 X Z05 9.40— • UE6 t AGE:LL 145046-9 112709a L05 4.33 �+ OULLAK, MARK Ei)WAi% 275904- 1 1168101 10.44 DUieANt k£1GELIA 031615—u 1255468 205 5.64— uUStLL, bOBEkT JAM 116137-4 126405b 105 Ci3.2U— UUSLLL, KG13EkT JAM 116107-4 1Z64059 105 lb.81— ! EAkHAkTj LEO GRANT 239379-1 126oZ65 L05 3.00 . EDWAttLS, ARLh IE 10'9407- 1 12' 1575 L05 156,2zt— tt LSTELLL# SOLUMCN H 2O3LIU-5 12175bt> Z05 42.34— LSTELLE, SOLOMON H 203118-5 1361402 L05 5.64— L VANv> , AkTHU 180810-8 1237 320 L05 7. 52— FAkRLLL: AILLIAM S 2113103—U L295ZZI Z05 2.0u— t-EAFHtkSTGNL-, WILL 029014- 6 1227767 3. 513 r LGNTRA LOSTA COUNTY MEDICAL SEkVILLS REPORT TO 291U-7 PAGE t ACCUUNTS RECEIVABLE WRL1"E-uFFS PkOCErSS DATE 10/15/77 AS GF LO/13/77 UTNER PRIVATE PRIVATE MISSING, DISALLOW MEDI-LAL SO-DUYLL GUARANTUA F U N INVUiLE: S/P AMOUNT PAY MEDICARE MEDI-CAL INSURANCE LABELS PROCEDUKE LIABILITY LIAbtLITY E10KNES9 MAMIE- 262411-2 12321114 zot5 76.80- b6KNES , MAMIE: 262411-2 123218:5 L05 16.55- OURNES, MAMIE 2624 LI-2 1239144 LU5 22.22- OCKNES, MAMIE 262411-2 124611b L05 10.64- bOEINES, MAMIE 262411-2 1246117 L 0 5 15.9.5- uOkNES! 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L2-6(ia2l-4 LS8930u L t6., tU- i .r CCNTRA CLSTA COUNT'l MELICjAL SLRVICES REPLRT Till 291CI-7 11A6f_ 4 ACCOUNTS kELELVABLE wiPITErOFFS PROCESS UATL iO/U8/77 AS OF IU/-L7/-77 OTHER PRIVATL PRIVATE MASSING OISALLUW M60-CAL aH-UOYLE GUARANTLR F U N INVUiLE S/P AMOUNT PAY MEOLCARE MEUI-CAL INSURM-ICE LAbELS PKUCEDUkE LIAbLLITY LIABILITY UUNNq AONER N 217 412181: 1G.26- 6AGL, iz186- 6AULt LLANA L 5-u i_3ct9it, zus_ EA14jAkIt LEG CFANI 2393"I5- 1 11;:66335 5.tj4 ELWARUSt AkChIL lcgi(; I- I 1312709 L05 14.78- LSTISELLAw AN7UNIU- ---- ---- FAkRELL, 'TILL IAM. 'j 4831U3-(J 1267463 105 Z.OU- FAkRULf WILL IAM S e_621Us-U 127f,417 LQ5 2.00- F,ARRLLL, VILL lAki !j 28-` 1 L)3-0, 12 b!.S C 9 L Q 5 rAPRELLq inILLIAM S 263LU3-L 13 Q,_,' 5 L05 2. uo- FAPKLLLj 'A LLL 1AM b_` I Q 3- C 13 J'.j 3"14 107 e_. ou- FASTP PEARL ikCit'_- �64tlb_6 1. 363o?j L05 FEkNANLES, kAFALL U, 2C3u1-6 135 ljc,-C� 2.u 5 5*64- FlshLH# CRACiE 4 i6!jC42-i I178859 Z05 10. 04- FLUANLt uLLk,,LE iUlbbia-t, 1191i3t2 L05 8.55 + LLLMLkt LtTA i CL 1 1;-j I"" L FULLMEH, LLIA i 4341.' 7b—t C(i�,14 6 U L :-GNTLNLTTLI LLAKLLN 12'Ju7u-i _. _ 5.318- 6ARLIAt tL 15ANLjf,6 L4C4S3345 E 2 5.L,0,- L,AkCIAv ELIS)ANwW C-,u u cj It /-5.00- uAHLIAj LL 1:),k1%L1V,.0 L,ttLqi-Z LtlLla2 L b- 6APC I A, EL i:iAf,()i-u 611 6bSet-4 C 515 L :j U.(JU- (j A k C 1.4 LL iS;4liUi4L U,+6 '1- Q;J713e 3 C A R L 1A LL 1..jAMELj L'i Q L' 3117-17 , L it bu 6PRLIAt EL i::,k.N u k t, Gt,tlu �4- 0543'.J71 L u ()u- k.;AkL IA, LL izA h tj)',U u 4,tc 54-L C:J "otJ')C5 L tL1z"jiUbrL U41LdS4-,_ L 5 UL d 2 U f- 7Z- t,AhGIA, LL ISAINUI-wkj b 2 C�64621 L 5'j.LO- MY LQNTRA LCJ!.)TA COUNTY MEUILAL SERVICES REPORT TU 291v-7 PAGE :3 t,,CCUUNTS kECEIVAbLE wKITE-OFFS PKUCESb UATL 10/08/77 AS L F , .101 L 7 Ill- OTHER PRIVATL PRIVATE MISSING UISALLOW 14E 0 1-L A L SH-OUYLF GUAkANTOF F U N INVOICL S/P AMOUNT PAY lMf--UiCARE MED I-CAL INSURANCE LAbL-LS PRUCEUUkL Ll AGILITY LIABILI FY CiIAVENKUI Lt.UKGL- N 23,-)155- 1 05a'1942 L -7 LFAVENKU, 6lLLk6L N 2319155 L5181915 L --- --- L R A V E N K C,' 9 GE%i-,bi: N 23c,159-7 Ca 14750 E 21.08- LPAVENK(it GECAUL N 2. 915S-7 Lb643bS E 32.00- LP-AVLNKCJ, L-L-U k G.L 14 2JV15S-7 0692747 L U-S Ci;AVL-NKU , GhURGE N 23'3159-7 0052748 L 28.61- LkAVLNKL, 6eGkGE M% 2a t)I t)S-7 C 7.3 ti 5 S 5 E 47. 13- ChAVLNK(js GLL;hGL- 11 ; 39155-7 Cl.51791 34. 13- . _ ._ _ --- _ _. �RAVLNKGI 34. 13- �RAVLNKGI Ur:UhU N 2B9i55-7 0792213 L 3.27- Uk A� LNKL v GEORGE li 23VI 5S-7 C7cj2214 L 42.54- L,i- A\i tlqKL s UEU14GE N 23'5155-7 C 79 8 tj4 e L 12.47- Ll,(AVLNKU, 1itLkGL N 139155-7 C796849 L 3. 19- 30.92- 61,t AV LNKL s U='LirUt N _239155-.7 0111 3 15 U 4 E 31.31- 1.k AV L NKL, I Cr-Ltt6L N 239.155-7 C6: 6049 L LRAVLNKup oL'L,H(jL N 234-iI5y-7 C a�f'19 0 9 L 3. 19- LtiAVLNKLj ULLRUL flt 4 i!j S-7 L e li%19 iQ E GkAVENKLI GEUH(�L N, 23`i159- 1 Cb56801 L 31.31- DkAV L NKL I LCLi,GL N 2J1' 1 7 Ctja3113 L L ilA V LhK L v 6CLmCL, N C 6(;'j I-s li L 7 Lr%AVkNKU, 6 L-L h(i L .*4 23915S- 1 C 8 W-) 7 9 4 L 2.C2- Lk 612- Lk 14 L(NKi,v tj L L I-,L-L IN I5 i I L 8 8'lj 7 S a L 6kAVLNKLs ULuhGL f-1 -"-j I l,k,4 V L'NKU C LL;1,U 1. C6 [39155-7 C 9 2,S 5 0_'j E Lf,AN EINKC C eL1h(jL e-J'j 155-7 C 9 c 3 I-J,d'i 5 L 41. 11- L)- AV t 1,K U 6 LL:r;LL ii J','1!� -7 1 U 17 b U b L 1,V AV E N K L U CL�,tjL. ;-i 1 5'�; -1 IL7149S L CLN'I KA CU�,T A GUUNTY Mf:61LAL SEkVICES KEPLRT 'ft-) 4'91U-7 PA6t. ACCLUNT;, l,,LLL IVAffLf: hk i TE-UI F=S PROLLS:a UATL 10/uo/77 AS OF 10/07/ 77. OTHER PRIVATE PRIVATE ;AISSING UISALLUw MEUI-GAL SH-UUYLL GUHkANTLI< F U N IN VU ICE S/P AMOUNT PAY MEU1CARie MEUI-CAL 1NSURANLE LABELS PRUCLUURE LIABILITY LIABILITY CCLLILR, IWCLilf VI 13511484 L05 d.219- LOLLINS, HLN1,.Y C,tV I,iSAti4-2 lUt,9114 E.. COLLINS, MAR l L N14N 272277-5 1413Zbi L l4. 12- trCGPER, MI,Sf Nf•fs 041: 138-2 1C817tr3 xC5 28*32- LLRBIN# TCG . _ '0'02t 7-9- 1140.71.7 _ . Li;S _ 2.x3._75__ ___._ ._. 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