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HomeMy WebLinkAboutMINUTES - 07201999 - C6-C10 c. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 20, 1999,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, AND CANCIAMILLA NOES: NONE ABSENT: SUPERVISOR DESAULNIER ABSTAIN: NONE SUBJECT: Grant Permission to completely Close a portion of Maple Lane, for the Purpose of A Block Parry, in the Walnut Creek area. IT IS BY THE BOARD ORDERED that permission is granted to Parkmead Community Association to completely close Maple Lane,except for emergency traffic,on Sunday,July 25, 1999, from 12:OOPM to 5: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. Parkmead Community Association shall comply with the requirements of the Ordinance Code of Contra Costa County. 4. Have on file with the County a Certificate of Insurance in the amount of$1,000,000 for Comprehensive General Public Liability which names the County as an additional insured. 5. Obtain approval for the closure from the Sheriff's Department,the California Highway Patrol and the Fire District. BH:mw G:\GrpData\EngSvc\BO\1999\BO 7-20-99.doc I hereby certify that this is a true and correct copy of an Originator: Public Works(APC) action taken and entered on the minutes of the Board of Contact: Bob Hendry(646-1607) Supervisors on the date shown. cc: CHP Sheriff-Patrol Div.Commander ATTESTED: JULY 20, 1999 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By , Deputy TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: July 20, 1999 SUBJECT: State Route 4/Willow Pass Grade. Pittsburg Area. Project No.: 4660-6X4107 Task: ACQ Account No: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE Settlement Agreement and Release from Seecon and the Alves entities. B. AUTHORIZE the Public Works Director to execute said Settlement Agreement and Release on behalf of the County. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRA I UK _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JULY 209 1999 APPROVED AS RECOMMENDED_X_OTHER I hereby certify that this is a true and correct VOTE OF SUPERVISORS copy of an action taken and entered on the X UNANIMOUS (ABSENT IV ) minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: ATTESTED: JULY 20, 1999 PHIL BATCHELOR, Clerk of the Board of G:\GrpData\RealProp\1999-Files\99-7\BOASeeconAlves.doc Supervisors and County Administrator Orig. Div: Public Works(R/P) Contact: Ron Babst (313-2226 ) By , Deputy 41 V cc: County Administrator Auditor-Controller(via R/P) P.W.Accounting Recorder(via f:/P) State Route 4/Willow Pass Grade. Pittsburg Area. July 20, 1999 Page 2 I. Recommended Action: (Continued) C. APPROVE payments of$11,000.00, $4,000.00, and $15,971.58 in connection with the terms of the Settlement Agreement and Release and the Memorandum of Settlement adopted by the Board of Supervisors on September 1, 1998. D. AUTHORIZE the Auditor-Controller to issue checks in said amounts payable to Old Republic Title Company, 3000 Clayton Road, Concord, CA 94519, Escrow No. 260850 to be forwarded to Real Property for delivery. II. Financial Impact: Payments of $11,000.00, $4,000.00, and $15,971.58 are from State Highway 4/Willow Pass Grade funds which are 100% reimbursable from the Contra Costa Transportation Authority. III. Reasons for Recommendations and Background: This is a settlement to an inverse condemnation action arising out of an access closure, in connection with the State Route 4/Willow Pass Grade project. A substitute access easement has been successfully negotiated between the parties. C g r � TO: � BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: July 20, 1999 SUBJECT: Rescind October 20, 1998 Board Action Regarding Resolution of Necessity Highway 4 Widening Project— Pittsburg Area. Project No.: 4660-6X4107. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: RESCIND the Board's Resolution No. 98/587, a Resolution of Necessity passed on November 3, 1998. II. Financial Impact: None. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON JULY 209 1999 APPROVED AS RECOMMENDED X OTHER VOIE OF SUPERVISORS UNANIMOUS (ABSENT ' ) I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. ATTESTED: JULY 20, 1999 PHIL BATCHELOR, Clerk of the Board of RDB:eh Supervisors and County Administrator G:\RealProp\1999-Files\99-6\BOHwy4Widning.doc By0- Deputy Orig. Div: Public Works (R/P) Contact: Ronald Babst (313-2226) cc: County Administrator P.W.Accounting Re,scind October 20, 1998 Board Action Regarding Resolution of Necessity Highway 4 Widening Project — Pittsburg Area. July 20, 1999 Page 2 III. Reasons for Recommendations and Background: A Settlement Agreement and Release was executed between the parties which approves the terms for the rescission of the Resolution of Necessity. IV. Consequences of Negative Action: If the Board fails to rescind its previous action, the County would be in non-compliance with the Settlement Agreement and Release and subject to future litigation. d e TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: July 20, 1999 SUBJECT: Transfer of Real Property to the City of Oakley SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: AUTHORIZE the Board Chair to execute a Quitclaim Deed to the City of Oakley on behalf of the County. DIRECT the Real Property Division to deliver said deed to the Grantee. Continued on Attachment: X SIGNATURE: al �0'411 RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JULY 20, 1999 APPROVED AS "COMMENDED A VOTE OF SUPERVISORS I hereby certify that this is a true and correct X UNANIMOUS (ABSENT IV ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. ATTESTED: JULY 209 1999 PHIL BATCHELOR, Clerk of the Board of DD:eh Supervisors and County Administrator G:\RealProp\1999-Files\99-7\BOAcityofOakley.doc Orig. Div: Public Works (R/P) By , Deputy Contact: Donna Dawkins(313-2224) cc: County Administrator Auditor-Controller(via R/P) P.W.Accounting Recorder(via R/P) 1 Transfer of Real Property to the City of Oakley July 20, 1999 Page 2 II. Financial Impact: None. III. Reasons for Recommendations and Background: On July 28, 1998, the Board adopted Resolution No. 98/390, pursuant to the Local Agency Formation Commission of Contra Costa County Resolution Resolution 97-17, calling for the transfer of certain real property to the City of Oakley. IV. Consequences of Negative Action: The County would be in violation of the above-cited Resolutions. Recorded at the request of: Q City of,Oakley After recording return to: QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Does hereby remise, release and forever quitclaim to the City of Oakley the following described real property in the City of Oakley, a municipal corporation, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. CONTRA COSTA COUNTY Dated By y C ir, B rd of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA) On- oar! before me, Phil Battler,Clerk of the oard of StIpervisors and County Administrator, Contra Co to County, personally appeared who is personally known Vto e (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(ies), and that by his/her/their signa- tures)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instru- ment. By: eputy Clerk DD:eh G:IGrpData(RealProp11999-Filesl99-71DE4CityofOakley2.doc Contra Costa County Property Transfer To City of Oakley EXHIBIT "A" Contra Costa County, a political subdivision of the State of California,hereby quitclaims the following real property to the City of Oakley: APN 035-211-002: All of that parcel of land granted to Contra Costa County,recorded September 24, 1990 in Book 16139 of Official Records at page 66. EXCEPTING THEREFROM the subsurface mineral rights quitclaimed by Contra Costa County to Moura Family Trust recorded February 12, 1991 in Book 16397 of Official Records at page 249. APN 035-730-053: All of that parcel of land granted to Contra Costa County,recorded June 28, 1995 in series number 95-101113. APN 041-130-049: All of that parcel of land granted to Contra Costa County,recorded September 14, 1993 in Book 18936 of Official Records at page 947. APN 041-183-008: All of that parcel of land granted to Contra Costa County,recorded July 19, 1994 in series number 94-184341. APN 037-390-102: All of that parcel of land granted to Contra Costa County,recorded January 16, 1996 in series number 96-006531. APN 041-230-050: Acceptance of offer of dedication of parcel "A"per subdivision 7808 (370M18)recorded February 9, 1995 in series number 95-023012. APN 034-010-003: All of that parcel of land granted to Contra Costa County,recorded December 29, 1993 in Book 19313 of Official Records at page 686. APN 033-302-026: All of that parcel of land granted to Contra Costa County,recorded June 17, 1993 in Book 18662 of Official Records at page 927. APN 037-170-006: All of that parcel of land granted to Contra Costa County,recorded March 18, 1982 in Book 10714 of Official Records at page 385. 1 APN 034-100-013: All of that parcel of land granted to Contra Costa County,recorded February 8, 1996 in series number 96-023049. Portion of APN 035-730-013: All of that parcel of land granted to Contra Costa County,recorded June 28, 1995 in series number 95-101111 also being all of that parcel of land quitclaimed to Contra Costa County,recorded June 28, 1995 in series number 95-101112. No APN Acceptance of Offer of Dedication of Parcel `A' and Parcel `B' per Subdivision 7830 (372M3)recorded February 9, 1995 in Series number 95-023011. Portion of APN 037-150-030: A portion of the southeast 1/4 of Section 23, Township 2 North,Range 2 East,Mount Diablo Meridian being a portion of that parcel of land granted to Contra Costa County recorded May 15, 1987 in Book 13646 of Official Records at page 720 Contra Costa County, California, described as follows: COMMENCING at a point on the south line of said Section 23, said point bears south 89°07'02"east 765.55 feet from the south '/4 corner of said Section;thence north 0°50'28"east 46.00 feet to the Point of Beginning;thence from said Point of Beginning north 0°50'28"east 166.37 feet;thence south 89°07'02"east 83.99 feet; thence south 0°52'08"west 166.37 feet;thence north 89°07'02"west 83.99 feet to the Point of Beginning. Bearings are based on the California Coordinate System of 1927 (CCS27),Zone III. Portion of APN 037-132-003: A portion of the northwest quarter of the southwest quarter of Section 23, Township 2 North,Range 2 East,Mount Diablo Meridian, Contra Costa County, California being a portion of that parcel of land granted to Contra Costa County December 21, 1989 in Book 15556 of Official Records at page 409 described as follows: All of Lot 2 of"Diane Park"recorded May 26, 1949 in Book 37 of Maps at page 36. EXCEPTING THEREFROM: Beginning at the southwest corner of said Lot 2 (37M36); thence from said Point of Beginning along the westerly line of said lot north 0°34'57"east 80.78 feet to a tangent curve,concave to the southeast,having a radius of 20.00 feet; thence northeasterly through a central angle of 90°38'00"an arc distance of 31.64 feet; thence south 88°47'03"east 38.00 feet to a point of cusp;thence along a curve concave,to the southeast,having a radius of 20.00 feet, southwesterly through a central angle of 90°38'00"an arc distance of 31.64 feet;thence south 0°34'57"west 80.78 feet; thence north 88°47'03"west 38.00 feet to the Point of Beginning. Bearings are based on the California Coordinate System of 1927 (CCS27),Zone III. 2 e/0 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: July 20, 1999 SUBJECT: Second Amendment to Agreement to Provide Services to the Contra Costa Transportation Authority Work Order No.: 4152 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE Second Amendment to Agreement No. 87 to provide right of way services to the Contra Costa Transportation Authority for the State Route 4 (WEST) GAP Closure project and AUTHORIZE the Board Chair to sign the agreement on behalf of the County. II. Financial Impact: Contra Costa Transportation Authority will pay the actual costs for Real Property staff right of way services. III. Background and Reasons for Recommendations: Contra Costa Transportation Authority requires a variety of right of way services but has no right of way staff and has contracted with the County for these services. IV. Consequences of Negative Action: The Contra Costa Transportation Authority would not be able to contract for the County's right of way services. Continued on Attachment: SIGNATURE: ` RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON JULY 20, 1999 APPROVED AS RECOMMENDED X OTHER_ VOTE OF SUPERVISORS _X UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct DLD:csp copy of an action taken and entered on the G:\GrpData\RealProp\1999-files\99-7\bo207-20GAP.doc minutes of the Board of Supervisors on the Orig. Div: Public Works (R/P) date shown. Contact: Donna L. Dawkins (313-2224) cc: County Administrator ATTESTED: JULY 209 1999 Auditor-Controller(via R/P) PHIL BATCHELOR,Clerk of the Board of P.W.Accounting Supervisors and County Administrator By `' , Deputy r �- t ORIGINAL CONTRA COSTA TRANSPORTATION AUTHORITY SECOND AMENDMENT TO CCTA AGREEMENT NO. 87 WITH CONTRA COSTA COUNTY REAL PROPERTY DIVISION FOR STATE ROUTE 4 (WEST)GAP CLOSURE PROJECT RIGHT OF WAY SERVICES MAY 19t 1999 WHEREAS,the Contra Costa Transportation Authority and Contra Costa County Real Property Division ("CONSULTANT')entered into Agreement No. 87 On August 1, 1998;and WHEREAS,the parties now wish to further amend the Agreement to reflect additional right-of-way services which were not originally envisaged and increase the Total Agreement Value;now therefore be it MUTUALLY AGREED: (1) that Paragraph 3 of the Agreement is amended to expand"Services by County"to include tasks set forth in the attached letter from Contra Costa County Public Works Department dated May 6, 1999; (2) increase the Total Agreement Value by$205,000 for an overall Total Agreement Value of$455,000;and (3) that all other items and conditions of the Agreement shall remain in effect. In witness whereof,the parties hereto have executed this Second Amendment to the Agreement as of the day and year above written. COUNTY OF CONTRA COSTA CONTRA COSTA TRANSPORTATION AUTHORITY IS f S ervisors Char es M.Abrams, Chair Phil Batchelor ATTEST: Clerk of the Board of Supervisors and County Administrator By: v—' /o Dep#y Robe cCl Executive D' r Recommended to the County Board of Approved as to Form: Supervisors for Approval: Legal Counsel for CCTA By: By: a1/ Principal Real Property Agent Stanley S. Tayj6r t By: A ublic Works rec Approved as to Form: Victor J.Westnnan, County Counsel By: Deputy 07/07/99 WED 16:43 FAX 925 313 2333 CCC PUBLIC WORKS aaa CO., COUNSEL- (a002 Contra Public Works DePartL'_..Pnt J.u chad Walford Costa rut Works]Director 255 Glader Drive JL Mitch Av4101% County Martinez,:A 94553-4897 DOP"-Enlineezing Telephone: (925)313-2000 S.Clifford HAnsft FAX: (925)313-2333 MPuty-Adminbtmtilon May 6, 1999 Pftdda P.McNamee Deputy-operations Maurice M.SWu DePutY-Tmrwportatian Paul F. Maxwell, P.E. Deputy Director, Projects Contra Costa Transportation Authority 1340 Treat Blvd., Suite 150 Walnut Creek, CA 94596 RIP-State Route 4 Gap Clo=e Dear Mr. Maxwell: Dale Dennis has requested a revised m1h=e for the right-of-way acquisition services that the Contra Costa County Real Property Division is providing for the Authority. In the table below, I have listed new tasks that were not originally envisaged and corresponding estimates for the increased scope. Item Item Desari tion Increase in Fees I Asbestos/Demolition of MIR sty residence and kennel 575,000 improvements- A competitive bid contract will be let for this work 2 Yellow Freight and Asbury Graphite Leach Fields-'Me $1000000 leach fields for Yellow Freight's and Asbury Graphite's septic systems will be impacted by the highway project and will need to be mplAced. Additional Appraisal Work -A second appraisal will be 3 required for the Tosco acquisition. In addition, appraisal $30,000 work will be required for two additional utility easements. Total $205,000 Based on the complexity of the project and the possibility of six condemnation trials, I anticipate needing additional budget for tasks identified in our current scope including condemnation activities and staff time. This will include pre-trial and testimony work for appraisers and other expert witness. I am currently in the processing of estimating those additional fees and will provide you with those estimates as soon as possible. If you have any questions, please call me at (925) 3132228. Very yours Very Laws S for Real Property Agen