HomeMy WebLinkAboutMINUTES - 08111998 - C6-C10 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution August 11, 1998, by the following vote:
AYES: Supervisors Uilkerna, Gerber, DeSaulnier, C,anciamilla, and Rogers
NOES: gone
ABSENT: None
RESOLUTION NO. 981 429
(Gov. Code § 25526.5)
SUBJECT: Transfer of Title of Surplus Real Property
Project No. 0562-6U4343
CP98-55
Lafayette Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property on November 8, 1961,in
Lafayette, described in Exhibit "A" attached hereto, for road purposes. Said property is
DETERMINED to be surplus and no longer necessary for County or other public purposes
and its estimated value does not exceed $10,000.00.
This Board hereby APPROVES and AUTHORIZES the sale of said property to
Matthew J. and Lauren J. Bryant, pursuant to Government Code Section 25526.5 and the
Board Chair is hereby AUTHORIZED to execute Grant Deed on behalf of the County in
consideration for the payment received in full in the amount of$2,500.
The Real Property Division is DIRECTED to cause said Grant Deed to be delivered
to the grantee.
This Board hereby FINDS that the proposed activity will not have a significant effect
on the environment, and that it has been determined to be exempt from the California
Environmental Quality Act under State CEQA guidelines Section 15061'(b)(3). This Board
DIRECTS the Director of Community Development to file a Notice of Exemption with the
County Clerk and DIRECTS the Public Works Director to arrange for payment of the
$25.00 handling fee to the County Clerk for filing of the Notice of Exemption.
LO:
Orig. Dept.: Public Works(R/P)
Contact: L. Lucy Owens (313-2229)
cc: Public Works Accounting
Public Works Records i hereby certify that this is a true and correct
Grantee(via R/P) copy of an action taken and entered on the
Recorder(via R/P) minutes of the Board of Supervisors on the
Community Development Dept date shown.
J. Frattini, Design ATTESTED:
g:198-71br26SM PHIL SATCHEL , Clerk of the Board
(Form updated 2/97) of Supervisors and Cgynty Administrator
By Deputy
RESOLUTION N0. 981 429
JEL..—W--19% 15:40 FROM CXC Commnfty Development TO PUBLIC WOWS P.002/005
DETERMINATION THAT AN ACTIVITY
IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA)
FILE NO.: 0662-EU4343 CP NO.: 98-55
ACTIVITY NAME: St Mary's Road—Transfer of Title
DATE: July 7, 1998
PREPARED BY: Jana Frettini
This activity Is not subject to the California Environmental Quality Act (CEQA)
pursuant to Article 5, Section 160361 (b)(3) of the CEQA Guidelines.
It can be seen with certainty that there is no possibility that the activity may have a
significant adverse effect on the environment.
DE§GRIPTICON OF THE ACTIVITY: : The activity consists of the transfer of title of an
approximately 2,500 square €Qct section of parcel 236-0141-020 fronting 681 St. Mary's
Road. The County acquired this portion in 1961 for road widening purposes. The road
widening never occurred and the Transportation Engineering Division has determined the
parcel is not needed for future road improvements. The use of the parcel and adjacent
properties has not changed since the time of purchase, The City of Lafayette has
requested that a ten foot wide easement be reserved for maintenance purposes.
LOCATI_O.Nl The parcel is surrounded by residential properties on St Mary's Road in the
central county area of Lafayette (Figures 1-3).
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REVIEWED BY: r / :� DATE:
Cece Sellgr n
Envirr�tfm t anner
APPROVEDDATE-
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ATE: �
C munity De opment Representative
H Adeterminlstms rys.d et
(Form Revised 2A7)
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CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department'
651 Pine Street, 4th Floor-North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (510) 313-2296 Contact Pemon:Cece Sell-gran - Public Works Dept.
Project Description, Common Name (if any) and Location:St. Diary's (toad, Transfer of Title County File
CP# 98-55 : Project Description: : The activity consists of the transfer of title';of an approximately 2,500
square foot section of parcel 235-041-020 fronting 551 St. Mary's Road. The County acquired this portion in
1961 for road widening purposes. The road widening never occurred and the Transportation Engineering
Division has determined the parcel is not needed for future road improvements. The use of the parcel and
adjacent properties has not changed since the time of purchase. The City of Lafayette has requested that a
ten foot wide easement be reserved for maintenance purposes. Project location: The parcel is surrounded
by residential properties on St Mary's Road in the central county area of Lafayette.
This project is exempt from CEQA as a:
Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section
Declared Emergency(Sec. 15269(a)) / General Mule of Applicability(Section 15061(b)(3)
Emergency Project(Sec. 15269(b)or(c))
Categorical Exemption,
for the following reason(s): It can be seen with certainty that there is no possibility that the activity may
have a significant adverse effect on the environment.
Cate: By:
Community Development Department Representative
AFFIDAVIT OF HUNG AND POSTING
I declare that on I received and posted this notice as required by
California Public Resources Cade Section 21152(c). Said notice will remain posted for 30
days from the filing date.
Signature Title
Applicant:
County Public Works Department
255 Glacier Drive
Martinez,CA 94553
Avnet Frattini County Clerk Fee$25 Clue
H.inoe's\stmarys.noe
(Rev.2197)
__
Recorded at the request of:
Matthew&Lauren Bryant
Return to:
Matthew&Lauren Bryant
651 St.Mary's Road
Lafayette,CA 94549
Portion of Assessor's Parcel No. 236-041-020
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY, a political subdivision of the State of California,
Grants to MATTHEW J. BRYANT and LAUREN J. BRYANT, husband and wife, as
Community Property the following described real property in the City of Lafayatte, County of
Contra Costa, State of California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF,
CONTRA COSTA COUNTY
-
Dated GC.crr, t99 By y'
Chair toard of S ervisors
STATE OF CALIFORNIA }
Can Augig t 111 1998 before me, Phil
Batchelor, Clerk of the Board of Supervisors and
County Administrator, Contra Costa County,
personally appeared J .m Rogem
who is personally known to me (or proved to me on
the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(tes), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person{s} acted,
executed the Instrument. 7
Deputy Clerk
LO:gpp
G:\GrpData\RealProp\98-7\DE3sn.doc
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Transfer Title of
Surplus Property-
Portion of St. Mary's
Road
EXHIBIT "A"
A portion of that parcel of land described in the deed from Department of Veterans Affairs of
the State of California to Contra Costa County, recorded November 8, 1961 in Volume 3990 of
Official Records, at page 10, described as follows:
Beginning at the southeasterly comer of said Contra Costa County parcel (3990 OR 10); thence
from said Point of Beginning along the easterly line of said parcel (3990 OR 10) North 10005'31"
East, 107.01 feet, (The bearing North 1000531" East being taken for the purpose of this
description); thence along the northerly line of said parcel (3990 OR 10) North 79°54' 29" West,
39.00 feet; thence South 7044'10" East, 48.44 feet; thence South 2049'01" East, 45.13 feet;
thence South 4000'03" West, 18.39 feet to a point on the southerly line of said parcel (3990 OR
10); thence along the southerly line of said parcel (3990 OR 10) South 79054`29" East, 10.00
feet to the Point of Beginning.
Containing an area of 0.058 acres of land more or less.
RESERVING THEREFROM: An ten foot wide access easement being the most northerly ten
feet of said parcel for Grantor (Contra Costa County) for the purpose of ingress, egress
constructing, maintaining and repairing the drainage facilities located 'along the northerly
boundary of said parcel.
This description has been prepared by me or under my direction in conformance with the
Professional Land Su ayef ct.
Signature:
Li ns and urveyor � '�
Contra Costa County Public Works . ► twt
JZ
Date:
RW:Io OF�u.t
98/-7/exhism
08119/99 WED 16:25 FAX 925 313 2333 CCC PUBLIC WORKS COB W1001
Contra PUBLIC WORKS DEPARTMENT
Costa RE�►�. PROPE TY DIVISION Pebft ,� ,r
County 255 Glacier Drive MMm F.Xabio*
Martinez, CA 94553-4897 '-
=s.
= AMt
(514)313-2220
FAX (510)3113-2333
DMG*._-A=at 19,.19QB
TIM:.
By-
FAX COVER LETTER
Please detver the fcyllovAng pages to,
Nom: ANN CESY"
Company. QLF.R [ OF TKE-BOARD ..�
Fax No:
From: LLa 0wow Phone* (510.) 343-2-229
Total number of pages including cover tetter. 3
11Aessage:
MWINALOGY 12ESMIJUNQ THE AREA, IF YOU HAVE ANY.QUESTIONS-?LEAM
I I Original wdl fka t follow.
( I Oftirwat vAll follow by(chock one of that following):
Regular Mal
Codffied Mall, Retum Receipt Requested
EXPMSe mail
08/19/98 WED 16:23 PAX 926 31.3 2333 CCC PUBLIC WORKS COQ Q002
Transfer Tltle of
Surplus Property_.
Portion of St. Mary's
F"181T OA"
A portion of that parcel of lead descrbed in the deed from art E. Franklin, et ux, to
oepartment of vatemns Afflsirs of the 'State of Cailfbrnla. ad July 5. 1957 in Volume
30oo of Oftlai Records, at page 195, described as to
El eginning at the southeasterly oonmr of said V Affairs (30OR 195) pard and
running thence ak g lie easterly tine Of Said V Afhdm (3009 OR 195) pend North
imlia East, ('the bearing North 1t *063"* taft talon lbr the purpose of this
description) 107,41 lest;��#Jh�e�n}c/e��along the riy line of sold
/�}1Va nis A ,iters. (30 POR 185)
parcel i�79064' 2V �iesc, 39.00 wt, � i SIU mast, 48.44 feet thence South
r4q'01* East, 46.13 feet; ihenoe South d 'n3" West, 18.39 feet to a point on the southerly
Iftm of said VeWrens Afl`alm { 9 0 95) parcel; thence along #m southerly line of said
Veterans Affaim (3009 OR 195) pa South 790tW29` Emit„ 10.80 feet to the point of
beginning, consisting of 0.058 acres ore
RE3ERViN " THEREFROM: n eaftnwint at the rtxyt northerly portion of
said parcel for Contra Costa my ffbo rpose of constructing, maintaining and repairing
the dminape facilities along the erly boundary of said parcel.
8817/0-xhism
vl
..ny
. y
.T:
08✓19198 WED 18:26 FAX 825 313 2333
CCC PUBLIC WORKS - ► CUB
W003
Tranefd►r TtUe of
Surplus Property-
Portion of St. Mary's
Rad
EXHIBIT "A7
A portion of that parcel of lend described in the deed froom Department of Veterans Affairs of
the :ate of Caiftmia to Contra Costa County, recorded November 8, 1961 in Volume 3990 of
Official Records, at page 10, described as follows:
Beginning at the southeasterly corner of salts Contra Costa County pawl (3990 OR 14); thence
from said Point of Beginning along the easterly line of said parcel (3990 OR 1 o) North 1000631"
East, 107.01 feet, (The bearing North 10*05'31" last being taken for the purpose of this
description); thence along the northerly lines of said parcel (3990 OR 10) North th 79"54' 29"West,
39.00 feet; thence South 7°44'10" East, 46.44 lbet, thence Scur#h 2049`Ol" mast, 45.13 feet;
thence Som 4000'03"West, 13,39 feet to a paint on the southerly line of said parcel (3990 OR
10), thence along the southerly line of said parcel (3+990 OR 10) South 79054'29" East, 10.00
feet to the paint of Beginning.
Containing an ,area of 0.058 acres of land rnorr;or less.
RESERVING THEREFROM. An ten foot wide access easement being the most northerly ten
feet sof said parcel fbr Grantor (Contra Costa County) for the Purpose of ingress, egmas
constructing, maintaining and rewiring the drainage fracl#�lties located along the northerly
boundary of said pant.
This desviptJorr has been prepared by me or under my direction In con1brmance with the
Professional Land few
Signature.
Contra Costa County Public Warks
9
Date: iwSM
RW:lo '
W-7teuhist"
.................................
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: August 11, 1998
SUBJECT: Contract Award Recommendation: Stone Valley Read Shoulder Improvements Project,
Project No. 4660-6X4244, Alamo area.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION.
AUTHORIZE the Public Works Director, to either REJECT or AWARD a contract to the lowest
responsible bidder, dependent upon the date final project approvals are obtained from regulatory permit
agencies.
If the Public Works Director does award the contract, the Board AUTHORIZES the following actions:
AWARD the contract for furnishing labor and materials for the subject project to WSP Trucking Co., Inc.,
the low bidder, in the amount of$63,465.99 and at the unit prices submitted, and.REQUIRE the contractor
to present surety bonds for Payment and Faithful Performance in the amounts of$31,733.00 and$63,465.99,
respectively.
Continued on Attachment: X SIGNATURE:
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON A119USt 11, TTJrVPROVED AS RECOMMENDED
VOTE OF SUPERVISORS
��
UNANIMOUS(ABSENT None )
AYES: NOES:
ABSENT: ABSTAIN:
RB:tt
G:\GRPDATA\CONST\BOMSVS-I 1-T8.DOC
Orig.crew.: PW(Constr) I hereby certify that this Is a true and correct
Contact: Joseph J.Murphy(925)393-2320 copy of an action takenand entered on the
cc: County Administrator minutes of the Board of Supervisors on the
Auditor-Controller date shown.
Public Works,
R.Bruno,Construction ATTESTE#J: !1
P.sn Gilchrist,Accounting PHIL. I3ATCHEL Clerk of the `'3oard
-
Design
-Transp.Engin. of Supervisors and County Administrator
S.S.E.
703 Market St. By 4!a -- Deputy
San Francisco,CA 94903-1000
Contractor
SUBJECT: Contract Award Recommendation:
Stone Valley Rd.Shoulder Improvements Project,
Project No.4660-6X4244, Alamo area.
BOARD DATE:August 11, 1998
Page 2 of 3
I. RECOMMENDED ACTION: (continued)
DIRECT the Public Works Director to prepare the contract for the project.
AUTHORIZE the Public Works Director to sign the contract on behalf of the Board subject to the Director
having reviewed and found sufficient all required documents,including the contract signed by the contractor,
the aforementioned surety bonds, and a certificate of insurance.
DIRECT that, in accordance with the project specifications and/or upon the execution of the contract by
the Public Works Director, any bid bonds posted by the bidders be exonerated and any checks or cash
submitted for bid security be returned.
Pursuant to Public Contract Code Section 4114, the Board DELEGATES its functions under Public
Contract Code Sections 4107 and 4110 to the Public Works Director or his designee.
Pursuant to Section 6705 of the Labor Code, the Board also DELEGATES to the Public Works Director
or to any registered civil or structural engineer designated by him the authority to accept detailed plans
showing the design of shoring,bracing,sloping or other provisions to be made for worker protection during
trench excavating covered by that section.
DECLARE that, should the award of the contract to WSP Trunking Co., Inc. be invalidated for any reason,
the Board would not in any event have awarded the contract to the second listed bidder or any other bidder,
but instead would have exercised its discretion to reject all of the bids received. Nothing herein shall prevent
the Board from reawarding the contract to another bidder in cases where the successful bidder establishes
a mistake, refuses to sign the contract or fails to furnish required bonds or insurance(see Public Contract
Code Sections 5100-5107).
H. FINANCIAL IMPACT:
The project, including engineering and appropriate overhead charges, is funded by Measure C (100%).
III. REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The Public Works Department has not yet obtained final approval from two regulatory permitting agencies
to proceed with work and does not recommend award of a contract at this time. To allow enough time for
the project to be completed prior to October 1, 1998,permitting agency deadline to be out of Stone Valley
Creek, the contract must be awarded prior to the Board's next scheduled meeting. Therefore, this Board
Carder allows the Pubic Works Director to award the contract, subject to obtaining final regulatory agency
approvals.
._.... _-............ ....... _
. _. ........ .............._......... .... . .-_..... ......... ....... .. __
................... ..... ....._.......... ..
7
SUBJECT: Contract Award Recommendation:
Stone Valley Rd. Shoulder Improvements Project,
Project No. 4660-6X4244, Alamo area.
BOARD TATE:August 11,1998
Page 3 of 3
III. REASONS FOR RECOMMENDATIONS AND BACKGROUND: (continued)
The plans and specifications were approved and the project advertised for bids by the Board of Supervisors
on June 23, 1998. The bids were received and opened at 255 Glacier Drive, Martinez, California, on
Tuesday, July 28, 1998. The construction bids received were as fellows:
1. WSP Trucking Co., Inc. ........................................................................................$ 63,46599
2. D.E. Bianchini, Inc. ...............................................................................................$69,675.00
3. TGfi Pipelines, Inc. ................................................................................................$87,525.00
4. Pfister Excavating, Inc. ..........................................................................................$99,660.00
5. Bay Cities Paving & Grading, Inc. ............................................................. ........$130,248.25
The Engineer's estimated construction cost was $61,300.00.
__ _... _........ ._....... ......... ....11.11.... ......... _.._-... _-...._.
.. ... ...... ...._ ........ ..._..... ......... ............ .......... .......
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Order on August 11, 1998,by the following vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Ratify previous permission by the Public Works Director to completely close a
portion of Norris Canyon Road, for the purpose of Norris Canyon Road
Improvements (x-ref. RA 1032 and Subdivision 7575), San Ramon area.
The Public Works Director having reported that prior approval has been granted to HCV &
Associates,LTD to completely close Norris Canyon Road,except for emergency traffic,on Monday,
July 20, 1998 — Friday, November 20, 1998, from 7:30AM to 7:OOPM, subject to the following
conditions:
1. Traffic will be detoured via neighboring streets.
2. All signing to be in accordance with the State of California Manual of Traffic Controls.
3. HCV & Associates, LTD shall comply with the requirements of the Ordinance Code of
Contra Costa County.
4. Provide the County with a Certificate of Insurance in the amountof $1,000,000 for
Comprehensive General Public Liability,which names the County as an additional insured
prior to permit issuance.
5. Obtain approval for the closure from the Sheriff's Department,the California Highway Patrol
and the Fire District.
IT IS BY THE BOARD ORDERED that the action taken by the Public Works Director is
approved.
BH:mw 1 hereby certify that this is a true and correct
Cr:%GrpData\EnSSvc\130riB08-11-98.doc copy of an action taken and entered on the
Originator: Public Works(APC} minutes of the Board of Supervisors on the
Contact: Bob Hendry(646-1607) date shown.
cc: CHP ATTESTED: !!, ( ,L
sheriff-Patrol Div.Conmaoder PHIL BATCHELdR, Clerk of tete Board
of Supervisors and Cnty Administrator
By Deputy
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t/+_'J_.. ........ ..........
i I
TO BOARD OF SUPERVISORS
FROM: J. MICHAEL WALEORD, PUBLIC WORKS DIRECTOR
DATE: August 11, 1998
SUBJECT: Joint Exercise of Powers Agreement with the Town of Danville to Overlay Stone Valley
Road, Alamo Area.
Project No. 0662-684228
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
i. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director to provide services to the Town of Danville
for resurfacing the portion of Stone Valley Road which is owned by the County and the Town
between Glenwood Court and Green Valley Road in the Alamo area;
APPROVE project contingency fund increase of$135,000 and a Contract Change Order in the
approximate amount of $124,000 and AUTHORIZE the Public Works Director to execute it in
order to compensate the contractor, W. T. Cook Construction, for work on Town of Danville's
portion of Stene Valley Road.
Continued on Attachment: X SIGNATURE: = y
T RECOMMENDATION OF BOARD COMMITTEE
—APPROVE _OTHER
ACTION OF BOARD ON A919t 11, 1998 APPROVED AS RECOMMENDED X
VOTE OF SUPERVISORS
X UNANIMOUS{ASSENT NOW )
AYES: NOES:
ABSENT: ABSTAIN:
gMransengNbobr98te\BO1 I DanJEPA.doc 1 hereby certify that this is a true and correct
Orig.Div: Public Works(TE) copy of an action taken and entered on the
Contact: Joe Yee,(925)313-2258 minutes of the Board of Supervisors on the
c: Auditor date shown.
Public works ATTESTED:
-Acc-Construction,
,R.
Christ PHIL BATCHELO
-Construction,R.Bruno ierk of the Board
OfAypervisors, and C gnty Administrator
By Deputy
.. .. .. ........... .......... .......... .......................... .........__.. ........ . _........ .........._..._...
...............................
Joint Exercise of Powers Agreement with the Town of Danville to Overlay Stone Valley Road, Alamo
Area.
August 11, 1998
Page 2
III. Financial Impact: None. There is no financial impact to the County since the Town of Danville
is funding this extra work. The County's portion of work is fully funded with Measure C - Return
to Source funds.
Ill. Reasons for Recommendations and Background: After the County's overlay project was
awarded, the Town of Danville expressed the desire to resurface their half of Stone Valley Read
between Glenwood Court and Green Valley Road.
IV. Consequences of Negative Action: Without approval, the Town of Danville's portion of roadway
will not be resurfaced.
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?1l
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Order on August 11, 1998, by the following vote:
AYES- Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla,' and Rogers
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.: 98/424
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8044,
Walnut Creek area.
The following documents were presented for Board approval this date:
I. Map
The Final Map of Subdivision 8044, property located in the Walnut Creek area,
said map having been certified by the proper officials;
2. Subdivision Agreement
A Subdivision Agreement with Melody Lane LLC, subdivider, whereby said
subdivider agrees to complete all improvements as required in said Subdivision
Agreement within one year from the date of said agreement. Accompanying said
Subdivision Agreement is security guaranteeing completion of said improvements
as follows:
A. Cash Bond:
Amount: $1,000
Made by: Melody Lane LLC
Auditors Deposit Permit No. and Date: 315836 (June 25, 1998)
B. Surety Bond:
Bond Company: Frontier Pacific Insurance Company
Bond Number and Date: SD 00031932 (June 22, 1998)
Performance Amount: $43,000
Labor& Materials Amount: $22,000
Principal: Melody Lane LLC
eve
SUBJECT: Approval of the Final Map and Subdivision Agreement for ;Subdivision 8044,
Walnut Creek area.
DATE: August 11, 1998
PAGE -2-
II. Tax
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
1997/1998 tax lien has been paid in full and the 1998/1999 tax lien, which
became a lien on the first day of January 1998, is estimated to be $8,800, with
security guaranteeing payment of said tax lien in the form of a cash bond as
follows:
A. Tax Surety
Assessors Deposit Permit and Date: 316548 (July 8, 1998)
Amount: $8,800
Paid by/Principal: Carole Michell,Placer Title
NOW THEREFORE BE IT RESOLVED that said subdivision, together with the
provisions for its design and improvement, is DETERMINED to be consistent with the County's
general and specific plans;
BE IT FURTHER 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.
All deposit permits are on file with the Public Works Department.
BE IT FURTHER RESOLVED that said Subdivision Agreement is also APPROVED.
RL:JD:mw
11PWS11SIlARDATA1GrpData\EngSvc\Bo180 7-28-98.doc
Originator: Public Works(ES)
Contact: Rich Uerly(313-2348) i thereby certify that this is a true and correct
copy of an action takers and entered on the
cc: PublintPlan ng,Community
Construction minutes of the Board of Supervisors on the
Current Planning,Community}7evolopmenf p
Melody Lane LLC date shown.
3201 Danville Blvd.,Ste.120,Alamo,CA 94507
Frontier Pacific Insurance Company ATTESTED: / fen �
P.O.Box 8101,Walnut Creek,CA 94596 PHIL BAT CNBLO ,Fr Clerk of the iBLfr'1rd
tle
TCarole entre Square,#320 of Supervisors and CcrUn Administrator
Two Theatre Square,#324,orinda,CA 94563
By ,� ;A-s. r deputy
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..............................
tW 06 'ge 04:OLP M MOWIWH FOERSTER P.2/3
LAW NWYCW
eta rrr�r rv. 8130
PALOMW WALNUT CUM.CAWS► tfB[7N�a�
ynfta1xfi?�CE
wffu August 6, 1998
CONSIDER lin
(925)295-3310
By Teleacsimile
Chairpawm Rogers and Members Of the
Contra.Com Couxxty Board of St rvisors
Couazty Adwinistra don Building
631 Pine Street,Rvc>rn 106
Martinez,CA 94553
Dr.
Re: Melody Lana,LLC -Final Mang Approval t
Dow Cha rperaw Rogers and Members of the board.
On behWf of our Client,Melody Lanae,LLC(`Weslody Lr,3ne),applicant for s-lot
3ubdivision in dw 3600 block of Melody Drives in the Sarausp neigbborb od„we
nwpwdWly wSo you tD eve the final mV for subdivision$044 at,you nwttiAg on.
August It. As aground.the County ap'mv'ed tba ve4fing teatative si bdivsion.reap
for d9s project w:th 39 conditions,over one year W,on.Tune 9, !997. Incontrastwith
tbn p d=TtUenary acUou,ibe matter before you is merely a mm*mal al fima rap
appro°vaL
1U Saranap lmprovemew Association submitted a lcUw on July 27 expressing
concern about t nm removes on the site. It is our understunding be in xaspansv to tbat
lemic,*a Baal:map was pulled from the Board's consent calendar on July 29. On
July 3 I,we met wiffi Stir Uillcma to diwws her speck reasons for golf the
*M to address the Board'soutstanding ccrnrexos. We have also teed
Karen of gu xx-t4 s r Gerbers aftee eawandrg this issw and out effnrts.
As you kmslaw,fwal maps at xuixaistcriai roval%aaRrad the Board°s supe of
review is limited to Molvdy L+ane`s comprHance vAth the conditions ofapprovW of the
pmviously aappmved vesting tentxdv+t map. No new i t+s or exactions an twmfully be
reMxirtd in connection with the final wap approvaL The trice Verni # varianwa
issues which wry cahwidentally before the Planning CowxWssion on JWy 28 wvam
wpevft Coon dons uwelated to the fhW map aplmavai. '1xM approvals we
rehftd to ft dosip and c onshwtion of the individual games rather t appmvai of
�'a:871
.....................................................
AUG 06 "38 o4.e2PM MOWISON F OERSTE P.3/3
MORRjS+DN•& FOERSTER. racy
Cham Rages erg hfiwnbaw Of the
cmb Ctww COLUfty board of snparvi3ms
AUgM 6, l"tt
Pap Two
the subdivision ttsett; There mm me appropriate PM=to address the Saransip
Impmvaacut Association'a tree permit concerns Is before thea Plate� sYon,
with a bible fttnn e� y of the PlCommissrloWs al decision.W tba mrd,
if necessary.
At+car rwent moedn&Supmrvisor Uiike a rated concern regal condition
m=bar 21,Bch requires a Deferred Tnwovrement Agreement for crostri c4ou of a
side wWk alorm the mgt of Melody Drive. We have spoken with the Public Wow
partmennt end amtered into a revised agreement Which we behave addresses
Supe sor U lkema's concerns. Staff has confirmed that our client has substantially
aaafirnacd with all canditiam of I wai to the sulbdi:vi im ump and the,
fi a W rwapp Appmwol. Wo xmdwataad that Staff nuo vAth rept vas of the San=p
Inqwavwwwat Al mecia4m Miss Rhee tine mup ewd 8a *MOO
theca the vonditiam haw bmu v aanfom wd•+Melt bj ,*ur Wid=L Fardw daeYS by the Dowd
to fts mUds tmW Boal oxap approval wAl be cosdy to our c1lem Thus,webehave no
numer Unpowment to appwvat of the ftAl map at tare August 11 meeting. Any dday to
So=ber would appow unwaz9rktnt*d.
We apprecittte your considemdo l of this request.
Beit r'prdL%
David A.Gold
ce: Clerk of the Board of Supe vicars
Dennis Barry,CAmmunity Development Victor
Debbic ChawbaWn,Swim Palmar
Heather Balled,Assistant Public Works Dfi=tor
Pater Brrh
John vVenuch
wc-236n
}
SARANAp IwROVEMENT ASSOCIATION, INC.
PO BOX 301
WALNUT GREE& CA 94597-0301
(925)934-6655
Melody Lane
Subdivi on 8044
Tree Removal
July 2'7 ,1998
Dear Supervisors;
At the July 28,1998 board meeting we plan to request
removal of C 15, C 16, C 17, & C18 to Short Discussion Items .
We request these four items be rescheduled to the
August 16, 1998 Supervisor's Meeting. We suggest the Supervisors
use this period to visit the grading & clearing site to observe
actual and proposed tree removal , trenching stakes very
close to a large tree trunk, and , two story construction to
be built well within the drip line & close to the trunk
of a very large oak. Such building proximity usually
causes declinir..g health of oak trees.
Mr Drake and Ms Chamberlin have held up further grading,
trenching and tree removal on the basis of the attached
2-1/2 page letter questioning compliance with the Tree Ord-
inance, and, compliance with the Conditions of Approval
issued by the Community Development Department.
Saranap feels these four Consent Items require .further
analysis, and the suggested re--scheduling will serve the best
interests of Contra Costa County.
Robert Stevens
Saranap Inprovement Assn.
Attach: Letter
Map to Melody Lane
Son and Sherre Bernardo
3362 Freeman toad
Walnut Creels, Co. 94595
(935) 939-6000 Home
(925) 773-0343 Mobile
July 8, 1998
Mr. Bob Drake, Zoning Administrator
Contra Costa County Community Development Department
Administration Building
651 Pine Street
�4th Floor - north Wing
Martinez, Ca. 94553-0095
Dear Mr. Brake,
It is imperative to bring to your attention a number of gross
violations of the Centra. Costa County Tree Ordinance and Conditions of
Approval for subdivision #8044 at 3600 Melody Drive, Walnut Creek,
California. Please give this your immediate attention before
`protected trees' are destroyed.
Some of the protected trees of concern include a grove of trees
scheduled to be destroyed which include only in part; a 13-foot, 7 4-
foot, t 6-foot circumference Redwoods and s 7-foot, 7 -foot & a 7 %-
foot circumference Sequoias. In addition, a giant grove of six flak
trees is subject to impairment. This grove has a canopy covering
almost 150 feet long by 80 feet in width. This grave of Oaks parallels
the joint property line between proposed subdivision lot #3 and my
residence property at 3352 Freeman Road. One of these giant oak trees
is scheduled to be rawvedt In addition, my arborist John Traverse has
advised that when the 3-foot diameter oak is removed, the dependent and
neighboring grove trees may be sacrificed as well! Furthermore, the
proposed residence on lot #3 is ONLY six feet from the trunk. Both
groves of trees are covered in the Contra Costa County Tree Ordinance
and are made a Condition of Approval #19 by the Zoning Administrator.
Apparently your department has given approval for grading and
underground improvements. The contractor has moved equipment: on site
to do the road and underground work. The roadway has been cut to sub
grade and a sewer line has been surveyed and staked. Protective
fencing has NOT been installed at the drip line correctly. In some
cases the drip line exceeds 35 feet beyond the protective fencing!
After seeing the sewer staking, I visited both the County Community
Development Department and the Public Works Department and neither
could provide a sewer improvement plan. Community Development
Department advised that Public 'Works would have the improvement plans.
Public works advised me that a sewer in a private sub division was *not
a concern of theirs." It is apparent that many of the protection
requirements from the Contra Costa County Tree Ordinance and the
Conditions of A ' val for the Subdivision have been disregarded.
r.>t � N�.
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_ ....... ........ ........ ........ ...... _ _
Please note the Contra Costa County Tree Ordinance concerns and items
that may have been violated, including but not limited to the
following:
1. -have protected trees been removed without a Tree Permit from the
County?
2. ...has the County been notified of grading and trenching under the
drip line of existing protected. trees?
3. NOTE: Article 815-6.2004 PURPOSE. "to preserve scenic beauty...to
provide aesthetic beauty and screening for privacy."
4. NOTE: Article 916-6.6002 PROHIBITION. "No person shall trench,
grade or fill within the drip line of any protected tree or cut
down, destroy...without a tree permit"
5. NOTE: Article 816-6.8010 FACTORS. #3 FACTORS FOR DENIAL.
(A) '- The applicant seeks permission for the alteration or
removal of a healthy tree that can be avoided by reasonable
redesign of the site plan prior to project approval."
(8) "It is reasonably likely that alteration_. will cause
problems with.-screening and/or privacy..'
(C) `The tree to be removed is a member of a group o
trees in which each tree is dependent upon others for
survival."
(n) "The value of the tree to the neighborhood in terms
of visual effect, wind screening, privacy and neighboring
vegetation is' greater that the hardship to the owner."
(E) "If the permit involved trenching or grading and
there are other reasonable alternative including an
alternate route..."
6. ...has the director considered the above when issuing or denying
tree permits?
Have the following Conditions of Approval been met?
1. CONDITION #16 Harriers have NOT been installed "at least 5 foot
outside the drip line to be saved."
2. CONDITION #16 Was an arborist on site during all grading?
3. CONDITION #19 Did the applicant `adhere to tree preservation
standards required" by section 816-6.1202 of the County Cade.
4. CONDITION #19a Did the County staff approve "all protective
fencing after installation"?
S. CONDITION # V.S. Flo the footprints of the proposed residences
adhere to "the sites that were identified on the revised vesting
tentative map."
Page 2
eve
•Mitigation may be passible. None the less the destruction of these
protected giants must be stopped.
Protected groves of trues could be preserved if mitigative measures
included alterations of the house plans and relocation of the houses on
the lots. With the relocatiox of the sewer main from the East Side to
the deet Side of Lot 3 the protected grove of Oak trees could also be
preserved.
Please give this your immediate attention. The neighboring community
and X are appalled at the potential destruction of these protected and
scenic beauties. The preservation and protection of these groves of
trees along with the moral and legal development of the entire
subdivision is imperative.
We are counting on your immediate attention. I will expect to hear
from you soon.
Sincerely,
Jon R. Bernardo
Cc Joe DiMaggio, Public Works Department
Deborah J. Chamberlain, Senior Planner, Community Dev. Dept.
John Traverso, Arborist, Traverse Tree Service
Page 3
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-_ - _........................................_. _
_ ........................
Request Speak Fo,
(THREE I MINUTE LI 17) LTComplete Ws form and puce It In dve box near the "abW nftr
before addreWr% the Board.
Nmmfit . avj
I tun speaking for m elf.. or / A> /&4te
�l t� & �of
1 dog neat WiA to *a& but kave a cots for the �oetr+
+wrier 11_11
���i11�i�i10iiilA•i
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. .........._.. ........ ......... _........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .........
_._. _ _ _ _. _ ....... .._._.... .........
RequeA to Speak Form r r �� �� /5
( THREE {3} MINUTE LIMN
C np ete this form and it In the boxnear the *ers•'rostmm
befum addreWng the Boar&
Sheree Bernardo , Jon Bernardo, Robert Stevens
939-6 000
3362 Freeman Road atrWa i nu t Creek
Neig-hborhood e & Saranap Improvement
1 dun speWding for mynif or wphin iau Association.
.�. .- 1 WfA to Weak an Asenda ItOn'A 98
My Winift will be seraw
1 WM tO We& On the S&Ied of Prot7a_ n�o_M& �ttinges
,�.. ..� 1 do tot MA to 4 bttt 'bite*se C m is fvr the mrd
AUG 06 s98 04'-Ri6IPM MOWi. FOERSTER P.7F..+' 'fw
UXAMUMM
**,ANMCCVNW WNWOM swim
MWAMO W� �� "Opaxom
t� MOGAVWX
RIC VWXNACOMUZ On)%S-M2
M110JIDER Wff H 0
���}3!lbrA"JOC
August 6. 1998
Wrbmr*a Dhw Cq wt
�kV
By TalefiUafintle tb,caom
C.haixp n Rogers,and Members of the
Conti Costa Com Dowd of S% rvistoors F-
County AdmWatrsq on Bugg
65l pine Street.loam 106 6 I99 8
Martium C,A.94553
up
RM Melody Laxer„LLC i iUAl Map Approval t?AiR fl ,
Dear Chaixpe rson#,gems and Members of the Board:
O b*hWofour the nt,Melody Lane,LLC(-Melody Imo-),applicant for 5 lot
VAdlvision in the 3646 block ofMalody Drive in the SWanVxtrMighbothood wo
tfutlly urge you to apPov'e the ftual mV fcbr subdivision$W4 at you r#aft6Ag 0aft
AngwA X 1. Aa b6dWound,the.Cc=jy appmved the veal teatsdve wlbrlisriaicx map
fOt thsis Project with 39 condit orm over cans year,aV, an J=6 9, 1 M. In 00ah"t wi&
*33 Fiat&M tib a i�sa, mrattear befuwze yeyq is mererly e►ministaxial
appt+ove-
1U Sam Improvoxn*t Assoc;tion subluitt0d a leer on July 27=Wa=g
cou=M about utas ruxoval On the site. it is our understanding that in mponse to flatlet
Wkw,the flnl rasp wes PuHed fxom the Board's consent calendar oil.may 2S. C)n
July 31,we mart with Supervisor unkmma to disc bar speci&reasom]roar pWrwg#hes
eat to address the,Board's oWmandiDS coneem,s. We have also cxafteted
Xwvu of Su rum GerbW:afffee aawAnring tin&umm end over effimft.
As you lce+c►w,fma m%x Ue mitut al Mmvals,ad the x'S of
review is limiter to Melody Law's wnWhmaw Mth t&-*M&tiota<tr of of the
pt vift*approved vesting eve ate. NO r0w imuft tax*X2Cd as%Un bmfuft be
requited in oonne c don with the fiaW trap approval The tree permit MW via
WbUb was coladdaw&y bef ve the ming Coxa mdulon on 3uly 29 were
ire CanuniNiOn actions un relented to the fical nup qTrovaL Those ovals are
tvbftd to the th igh and crms+trtcicm ofthe Uxtividual tames=dw tbAU app *l of
Aw e '98 044:02PM MO€ISON FOERSTER P.3/3
olMS014 & FORRSTER
C2WjrV=MUFo *ws ofthr
colms coma UM7 bowa oft -4"�
Pse:ge?�vv
the stwtviston #f. The mOM VA to address the Surnov
A O.--isfionI a tree permit conems is bef e,the?Is"COM011840n,
possible ftum%)Peel ofdw Plw=n&C..ozrutiis$zOWS fjW decision to the mrd,
if nectuary.
At our recient wacting.Su porvLow Ullkerna raiwd concerns regaling,condition
=mber 21,which MpArft a DefOrTed 1OWM ment APMUOM for wnwwtiOn of a
o&widk atong the ftontsge of Melody Drive- We barve"ken with"Publitr'iNbrks
neputmcnt and entgred intx>a revised agreement which we believe addresses
Sqpwviwr t lilk ama's oa=UM. Staff bw confirmed that our olient hail sir aut aRy
f
ca" cased wdh all couddicuu Qf appwm*t to the=b&vmm map -,
reacvmexaes�d the
�� cap e v d. W'soad�d that�mst w4th ra,�vea sof the Se ranap
tw rary t AnWOOVOMn eounwams this final map=4 steed t rowoo"006veO
dmt doo vocv4 iumss hum been vovrvrmvd v4*by our theat. Fear dW*y*br the Row%f
to ags minUMW ntW nop approved wM be owdy to our cUem Thus,we believe no
ftMer imped aaean to approval of the MW map at the August I I meeting. Airy delay to
Sqyt=bcr would uppcw=wux w twit.
We appreciate your consideration of this roquest.
Beit regards,
David A.Gold
ce: CU rk ofthe Swdof Supervisors
Dennis Bwry.Community Development Dfiector
Debbie Chambeda ire,, Senor P
kle wheer$allengw,Assistant Public Works Duvaor
POW Brn
Doha Foch
wc-23622