The URL can be used to link to this page

Home My WebLink AboutMINUTES - 09221998 - C21-C25 Recorded at the request of: Contra Costa County Public Works Department Return to: Public Works Department Engineering Services THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,;CALIFORNIA Adopted this Order on September 22, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla,' and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/495 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Grant Deed of SD 8174 Cherry Lane Walnut Creek Development Rights Associates, Ltd. (Graded Slope, Lots 1 thru 4) hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. oe ATTESTED: PHIL BATCHEL,6R, Clerk of tete hoard P mw \\ WServisors and County Administrator 1\YWSI\SHARDATA\C,rpDaGzlEngSvc1BC71Bof Supervisors�y�',� Originator: Public Works(ES) By +r.�i. Deputy Contact: Rich Lierly(313-2348) cc: Recorder(via Title Company)then PW Records then Clerk of the Board Current Planning,Community Development Recorded at the request of: Contra Costa County Public Works Department Return to: Public Works Department Engineering Services THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adapted this Order on September 22, 1998,by the fallowing vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/496 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Grant Deed of SD 8174 Cherry Lane Walnut Creek Development Rights Associates, Ltd. (Prohibiting Further Subdivision of Lots 9 and 10) I hereby certify that this is a true and correct copy of an action taken and entered on the RL:]D:mw minutes of the Board of Supervisors on the \1YWSI�SHARDA`FA1GtpData\EngSv0a0\B09-22-98.doe date shown. p Originator: Public works(ES) ATTESTirD. l Gt Contact: Rich Lierly(313-2348) PHIL SATCHEL R, Clerk of the Board ec: Recorder(via Title Company)then PW Records then Clerk of the Board of Supervisors and Co my Administrator Current Planning,Community Development By .. ..,,�..� ,� Deputy TO: BOARD OF SUPERVISORS,AS GOVERNING BOARD OF CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: September 22, 1998 SUBJECT: DECLARATION of Emergency for Repairs to the Tice Creek Flood Control Channel Project No: 7520-6119355-97 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. FIND,based on the evidence set forth below and as contained in the minutes of the Board meeting, pursuant to Public Contract Code Sections 22035 and 22050, that an emergency exists due to the potential hazard of the damaged box culvert, which will not permit a delay resulting from a competitive solicitation for bids, and that the action described in this order is necessary to respond to the emergency. 2. DELEGATE to the Chief Engineer the authority to proceed in the most expeditious manner to repair the Tice Creek Flood Control Channel. Continued on Attachment: X SIGNATURE: 6' . RECOMMENDATION OF BOARD COMMITTEE ®APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON Sept. 22, 1 APPROVED AS RECOMMENDER VOTE OF SUPERVISORS _X_ UNANIMOUS(ABSENT 1� ) AYES: NOES: ABSENT: ABSTAIN: i hereby certify that this is a true and correct copy of an action taken and entered on the GC:1F minutes of the Board of Supervisors on the FLDCTL\\FCBO\BO22-9 date shown. Orig.Div: Public Works Yt -' *�"""" e ` Contaet: Mike Carlson,(9253132311) ATTESTED: - �2 ce: County Administrator'sOftice PHIL sAT"C's� I,_+�� I ser< of the Board County Auditor-Controller County Counsel of supervisors and County Ad mnlStrator PW-Flood Control By.11�:.��dr:� 1� i..,�Z'�.--.,.._...Deputy SUBJECT: DECLARATION of Emergency for Repairs to the Tice Creek Flood Control Channel Project No: 7520`6B9365-97 DATE: September 22, 1998 PAGE 2 3. DIRECT the Chief Engineer to make reports to the Board of Supervisors, as required by Public Contract Code 22050, stating the reasons justifying why the emergency will not permit a delay resulting from competitive solicitation for bids and why the action is necessary to respond to the emergency, in order to enable the Board of Supervisors to review the emergency action and to determine that there is a need to continue the action. 4. DECLARE that the project, as an emergency, is exempt from the provisions of the California Environmental Quality Act under Resources Code Section 15269 of the State CEQA Guidelines. 5. DIRECT the Chief Engineer to file a Notice of Exemption with the County Clerk and to arrange for payment of the $25 filing fee. 6. AUTHORIZE the Chief Engineer,or his designee,to sign on behalf of the Board of Supervisors any, and all, real property-related documents, including but not limited to right of entries, drainage easements, and temporary construction easements, as required to repair the box culvert. IL Financial Impact: This project will have no impact on the General Fund. The Flood Control District's estimated project cost is $85,000. The project will be funded by Flood Control Zone 3B funds. Flood Control will then bill the owner, Shaw Properties, for all repair costs including staff time. IL Reasons for Recommendations and Bac round: On September 16, 1997, Bay Cities Paving and Grading saw cut through a portion of the top of the box culvert for Tice Creek. The property owners of 1500 Newell Avenue, Shaw Properties, had hired International Parking Design to design and construct landscaping and parking extensions at the property. Bay Cities was the contractor hired by International Parking Design to do the construction. We received a call from. the City of Walnut Creek on September 16, 1997, informing us of the problem. Upon further investigation by our staff, it was determined that the contractor had completely cut through the top of the slab, which now could collapse at any time. We immediately contacted the owner's representative, CB Commercial, and the contractor. We requested that they provide barriers around the site and hire a structural engineer to provide plans to repair the damage. The owner provided adequate barriers around the damaged section, but in turn blocked off some parking stalls of the adjacent property owner. We received the first set of structural plans on October 15, 1997, and after review and revisions, approved the final set of plans for the repairs on December 15, 1997. On December 23, 1997, CB Commercial informed us that the adjacent property owner was not going to grant the right of entry to repair the damage until a financial settlement could be reached for the lost parking stalls. The situation has not yet been resolved and according to CB Commercial, is currently in litigation. With another winter approaching,we gave the owner, Shaw properties until September 15, 1998, to start construction or the District would perform the repairs and bill the owner. We are in the process of declaring the project an emergency due to the property owners' inaction. SUBJECT: DECLARATION of Emergency for Repairs to the Tice Creep Flood Control Channel Project No: 7520-6139365-97 DATE: September 22, 1998 PAGE 3 III. Consequences of Negative Action: Non-concurrence of the above recommendations will significantly and adversely delay repairs to the Tice Creek Flood Control Channel. TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: SEPTEMBER 22, '1998 SUBJECT: GRAYSON CREEK, ADVANCE ACQUISITION — PLEASANT HILL AREA. CP#87-122 PROJECT NO.: 7520-888508 TASK: ACQ ACCOUNT: 3540 E I. Recommended A lon: A. APPROVE Right of Way Contract and ACCEPT Grant Deed from James Patrick Brannon and Edith Elizabeth Brannon. B. AUTHORIZE Chief Engineer to execute said Right of Way Contract on behalf of the District. C. APPROVE payment of $160,000 for said property rights and AUTHORIZE the Auditor- Controller to issue a check in said amount payable to Placer Title Company, 1981 N. Broadway, Ste 100, Walnut Creek, CA 94596, Escrow No. 6152422, to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the office of the County Recorder. /:�,, 1-1 .4 1 Continued on Attachment: x SIGNATURE: rjjj-A-_X RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURES : ACTION OF BOARD ON re=P 22, 1998 APPROVED AS RECOMMENDED X_ VOTE OF SUPERVISORS UNANIMOUS (ABSENT Mi-y-2. ) AYES: NOES: ABSENT: ABSTAIN: KAL:gpp G:\GrpData\RealPmp\98-9\BO15-gBrannon.doc orifi. Div: Public Works (RIP) thereby certify that this is a true and correct Contact: Karen Laws (RIP) copy of an action taken and entered on the cc: Auditor-Controller(via RIP) minutes 0# the Board of Supervisors on the County Administrator date Shown. P.W.- Accounting ATTESTED: ' Design-Environmental PHIL BATCHE A, Clerk of the Board Flood Control of Supervisors and County Administrator Recorder(via RIP) , B. ��. _��_ �.,��.-> Deputy } SUBJECT: GRAYSON CREEK,ADVANCE ACQUISITION-PLEASANT HILL AREA. GATE: SEPTEMBER 22, 1998 MAGE: -2- 11. Financiallmpact: Payment of$160,000 from Zane 38 funds. Ill. Regsons for Regg2mmendations and a round: It is anticipated that future improvements to Grayson Creek will impact this property. The property is offered for sale and is currently vacant. The property will remain vacant until such time as a project is approved. This action will not preclude consideration of project alternatives. If the property is not needed for a future project, it will be sold at pudic auction. We recommend purchase of the property at this time so as not to preclude future alternatives. IV. Consequences of Negative Action: Greater cost to the District to acquire the property at a future date when the property may be improved and occupied, necessitating payment of a higher price along with relocation expenses and requiring acquisition from a possibly unwilling owner by eminent domain. DINE o t ITEM# ; CONSIDERED WITH LSBTSD IN ERROR DELETED