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HomeMy WebLinkAboutMINUTES - 11291983 - T.2 In the Board of Supervisors of Contra Costa County, State of California November 29 , 19 83 In Cher Matter of Ordinance (s ) Introduced The following ordinances) having been introduced, the Board by unanimous vote of the members present waives full reading thereof and fixes December ,6 , 1983 as the time for adoption of same : An Ordinance determining and declaring .the. need for a . Redevelopment Agency to function in the County of Contra Costa and declaring the Board of Supervisors of the Countv of Contra Costa to be the Redevelopment Agency and establishing the compensation of said members of the Agency. PASSED by the Board on November 29, 1983 I hereby cer-ify that the foregoing is a true and correct copy of an order entered on the minut?s of sold Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisor affixed this 79th day of November 1983 J. R. OLSSON, Clerk gya Deputy Clerk A. J eph t ' 38.4 H- 24 4/77 15m THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on November 29 , 1983 _, by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson , Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: Pleasant Hill BART Station Specific Plan Amendment This being the time for a presentation on the Pleasant Hill BART Station Specific Plan status and implementation strategy, and staff having reviewed progress to date and having advised that: 1 . On June 7 , 1983 the Board adopted the Pleasant Hill BART Station Specific Plan showing conceptually the Oak Road extension from Treat Boulevard to Buskirk; 2 . It is now necessary to consider an amendment to the Specific Plan to provide for a detailed alignment of the Right-of-Way and other amendments as may be necessary to accommodate the roadway alignment; 3. It is necessary to consider a variety of implementation strategies to insure timely completion of necessary improvements; and Good cause appearing therefor , IT IS BY THE BOARD ORDERED that: 1 . Staff continue to work with developers of properties desiring to proceed immediately that necessary roads , drainage and other infrastructure improvements are in place in a timely manner; and 2 . An amendment to the Pleasant Hill BART Station Specific Plan be initiated , said amendment to include Plan implementation strategies , establishment of a develop- ment fee schedule , and the establishment of the align- ment -of the Oak Road extension. 1 herobj eWify that this is a true and corrac!copy of an action tak:.n and ontcred on the minutes of the Board of Su^eruisom 01 ttio date rho,&n. ATTEaTED: y� �++, �C21 � J.R. OLJ30,N, 'COUNTY� D CiL EPIK and ex officio lacy: BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA STATE OF CALIFORNIA PLEASANT HILL B.A.R.T. STATION AREA ASSESSMENT DISTRICT NO. 1983-1 RESOLUTION NO. 83 Sao y RESOLUTION APPOINTING ENGINEER OF WORK AND APPROVING AGREEMENT FOR ENGINEERING SERVICES WHEREAS, the Board of Supervisors of the County of Contra Costa, State of California (the "County" ) has received a Petition signed by the owners of the property described in said Petition, requesting that the Board of Supervisors under- take proceedings pursuant to the Municipal Improvement Act of 1913 and issue bonds under the provisions of the Improve- ment Bond Act of 1915 for the public acquisitions and con- struction more particularly set forth in said Petition and to assess the costs of said acquisitions and construction, together with the incidental expenses thereof, upon the l property described in said Petition; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, as follows : 1. Nystrom Engineering is hereby appointed Engineer of Work in connection with the improvement proceed- ings for Pleasant Hill B.A.R.T. Station Area Assessment Dis- trict No. 1983-1 and the issuance of improvement bonds with respect thereto. 2 . The agreement for engineering services between the County and Nystrom Engineering, in the form attached HER4H-2 1 i. , 386 f I , I r . hereto .as-Exhibit_."All is hereby. approved and the officer of the Countydesignated therein as signatory is hereby authorized and directed to execute said agreement. PASSED AND ADOPTED THIS 29th day of November , 1983, by the following vote: AYES: . Supervisors Supervisors Powers , Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None I hereby cer"that this N a tnm andewrncte M of an action liken and or4WM on fhe mkwMs of the s*wd of SupeMewra on the date shown. ATTESTED: /9f3 J.R.OLSSON.COUNTY CLERK and six ofOde Cork of the Soard By,d:�E.�yn , Deputy 2 387 AGREEMENT FOR ENGINEERING SERVICES ASSESSMENT DISTRICT NO. 1983-1 "PLEASANT HILL B.A.R.T. STATION AREA" This is an agreement for engineering services between the County of Contra Costa of the State of California, referred to as Client, and Nystrom Engineering Corporation referred _to. as Engineer: 1 . Client retains Engineer as Engineer of Work for Assessment District 1983-1 "Pleasant Hill B.A.R.T. Station Area" to perform the following services : (a) Preparation of a map , showing the proposed boundaries of the assessment district, in accordance with the requirements of Division 4 . 5 of the Streets and Highways Code. (b) Preparation of the following ' portions of the report . ' required by Section 10204 of the Streets and Highways Code (Municipal Improvement Act of 1913 ) , and modification of the report if directed by the legislative body of Client: ( 1 ) A general description of improvements to be acquired, if any. ( 2 ) An estimate of the cost of the improvement, including the cost of acquisitions and all incidental expenses. ( 3 ) An assessment diagram showing the parcels of land to be assessed. ( 4 ) A proposed assessment of the total cost of the improvement on benefited parcels of land within the assessment district. (c) Compilation of a list of the names and addresses of all owners of land within the assessment district in accordance with records of the County Assessor or in accordance with title reports provided by the Client. (d) Attendance at meetings of Client ' s legislative body, when requested by Client ' s staff , for the purpose of presenting and seeking approval of the documents and reports described in subparagraphs (a) through (d) . (e ) Attendance at all other public meetings of Client at which matters relating to the assessment district are considered, except routine matters . ( f ) Attendance at staff meetings or meetings of property owners upon the request of the Client, after reasonable notice. (g) Telephone consultation with staff members and property owners to answer engineering questions about the assessment proceedings . (h) Preparation of a final cost schedule after completion of the improvement and payment of all incidental expenses . 2 . The services of !Engineer under this agreement shall not include the following: (a) Preparation of . environmental .assessment of Report. (b) Plans and specifications for the proposed improvements . MM n i. 388 Wage, 2 (c) Legal descriptions of lands, rights-of-way, or easements to be acquired. (d) Construction staking. (e ) Construction supervision or inspection. (f ) Preparation of construction' change orders . The performance of services excluded by the paragraph, if required by Client, shall be under. separate oral or written agreement. 3 . In consideration of the services set forth in paragraph 11 Client shall pay to Engineer according to the following schedule: 1 1/2% of the first $1, 000 , 000 of assessment, plus 1% of the next $2, 000 , 000 of assessment, plus 3/4% of the next $2, 000 , 000 of assessment, plus 1/2% of the next $2 , 000, 000 of assessment, plus 1/4% of any amount over. .$7 , 000 , 000.; . In no event, however, will the compensation of Engineer exceed the amount set forth by Engineer for that purpose in the Report, or any amended Report, prepared by him under Section 10204 of the Streets and Highways Code. 4 . Payment by Client of comensation under this agreement is contingent upon the levy of assessments and the sale and delivery of improvement bonds representing unpaid assessments in the i assessment district. If for any reason assessments are not confirmed and bonds not delivered, Engineer shall be 'paid no fee. DATED: COUNTY OF C T TA, a .political subdivisi the State of Cali By k.i.Schrode► ATTEST: JAMES R. OLSSON, County Clerk By, • NYSTR G NEE OR TION BY e 389 r BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA STATE OF CALIFORNIA PLEASANT HILL B.A.R.T. .STATION AREA ASSESSMENT DISTRICT NO. 1983-1 RESOLUTION NO. 93 /a 0� RESOLUTION APPOINTING DESIGN ENGINEER AND APPROVING AGREEMENT FOR ENGINEERING SERVICES WHEREAS, the Board of Supervisors of the County of Contra Costa, State of California (the "County" ) has hereto- fore designated Nystrom Engineering as Engineer of Work for the improvement proceedings herein and wishes to designate Aliquot Associates, Inc. as Design Engineer to prepare general and detailed plans and specifications and to perform certain related duties in connection with the improvement proceedings herein; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, as follows: 1. Aliquot Associates, Inc. is hereby appointed Design Engineer in connection with the improvement proceed- ings for Pleasant Hill B.A.R.T. Station Area Assessment District No. 1983-1 and the issuance of improvement bonds with respect thereto. 2. The agreement for engineering services between the County and Aliquot Associates, Inc. in the form attached hereto as Exhibit "A" , is hereby approved and the officer of HER5E-1 1 t 390 the County designated therein as , signatory is hereby authorized and directed to execute said agreement. PASSED AND ADOPTED THIS 29th day of November 1983, by the following vote: AYES: Supervisors Powers ,, Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None an action taken and entered an the mlnutG$of the Board of Superilsors on the data shown. ATTESTED: -1Le;2w X9,1 98.3.,,_ J.R. OLSSOKI, COUNTY CLERK and ex*filet*Clerk of the ward By Deputy 391 4 AGREEMENT FOR ENGINEERING SERVICES Assessment District No. 1983-1 Pleasant Hill B.A.R.T. Specific Plan Area This is an agreement for engineering services between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, referred to as Client, and Aliquot Associates, . Inc. , referred to . as Engineer. 1. Client retains Engineer as Design Engineer for. Assessment . District No. 1983-1 . Pleasant Hill B.A.R.T. specific plan area, County of Contra Costa, State of California, to perform the following services: A. Assist . Client in preparation of preliminary . studies, layouts and cost estimates, ..including: 1 ) Conferences with the Client to review his wishes and requirements ; inspection .of the site; review of available material assembled by the Client, and discussion of scheduling. Conferences . also may be held ' with various approving and regulatory agencies#, and with those utility companies affected; 2')" Planning for and assisting the Client in procuring the necessary reconnaissance , surveys and other field investigations ; 3 ) Preparation of preliminary . engineering studies and designs. These will be submitted for review and approval by the Client and other required approving agencies ; 4 ) Preparation of preliminary layouts, sketches, outline specifications and reports, where applicable, and the Engineer ' s specific recommendations ; 5 ) Preparation of preliminary cost estimates of the project; 6 ) Preparation ofand procuring the necessary field information for design including field surveys, photogrammetry and soils investigations. B. Preparation of the following portions of the report required by Section 10204 .of the Streets and Highways Code (Municipal Improvement Act of 1913) , and modification of the report if directed by the legislative body of Client: 1 ) Prepare .scope of project. (See attached) 2 ) Plans and specifications for the proposed improvement. 392 3 ) Legal descriptions of lands, rights-of-way, easements or other interests in real property to be. acquired. 4 ) An estimate of the cost of the improvements . C. Posting of notices of improvement on all open streets within the assessment district at distances not greater than 300 feet apart. Copies of notice of improvement for posting are to be provided by the Client. D. Attendance at meetings of Client 's legislative body, when requested by Client ' s staff, . for the purpose of presenting and seeking approval of the . documents and reports described .in subparagraphs (a) and (b) . E. Attendance at all other public meetings of Client at which matters relating to the assessment district are considered, except routine matters. F. Attendance at staff meetings or meetings of .property owners upon the request of the Client, after reasonable notice. G. Assist Client in the construction .phase, including: Office Engineering a) Assistance to the Client. in .securing bids, tabulation and analysis of bid results, and furnishing recommendations on . the award of construction contracts; b) Assistance in the preparation of formal . contract documents for the award of .contracts, if desired; c) Consultation and advice to the. Client during construction; d) Preparation of elementary sketches and supplementary sketches required to resolve , actual field conditions encountered; e) Checking detailed construction drawings and shop and erection drawings submitted by contractors for compliance with design concept; and f ) Reviewing laboratory, shop, .and mill test reports of materials and equipment. Field Engineering a) All construction staking per specifications . b) Making periodic visits to the site to observe the work in progress, and providing appropriate reports to the Client; c) Observing initial operation of the project, or of performance tests required by specifications ; and d) Making a final inspection and report of the completed project, with the Client or his representative. 2 . The services of Engineer under this agreement shall not include the following: (a) Preparation of boundary map. (b) Preparation of description of work. (c) Preparation of assessment diagram. I 2 - ( 393 (d) Preparation of a proposed assessment to the benefited parcels . (e) Compilation of list of names and addresses of property owners . (f ) Inspection of work of Client' s contractor. (g) Services as "Engineer of Work. " The performance by Engineer of services excluded by this paragraph, if required by Client, shall be under separate oral or written agreement. 3 . In consideration of the service set forth in paragraph 1, Client shall pay to Engineer on a time and materials basis per the below listed rate schedule up to a maximum of $644, 850 . Progress payments shall be made on a monthly basis when district funds become available. Payment by Client of compensation under this agreement is contingent upon the levy of assessments and the sale and delivery of improvement bonds representing unpaid assessments in the assessment district. If for any reason. assessments are not confirmed and bonds not delivered, Engineer shall be paid no fee. 4 . All extra work required by Client will be done on a time and materials basis at the following rates: (Rates good through I July 1, 1984 ) Principal Engineer @ $65/hr Field Engineer @ $56/hr Office Engineer @ $56/hr Researcher @ $56/hr Office Calculations @ $49. 50/hr Design Draftsman @ $49. 50/hr. Senior Draftsman @ $45 . 00/hr Junior Draftsman @ $34/hr 3-Man Survey Crew @ $143/hr 2-Man Survey Crew @ $103/hr Office and drafting supplies are included in the hourly rates quoted above. Costs .of blueprints .and reproductions are charged at cost Plus 10% from commercial blueprint companies . 3 - 394 . . WITNESS THE EXECUTION HEREOF, the day and year hereinbefore written. COUNTY CO OSTA By A. t.SchroC'pr APPROVED AS TO FORM: FORM APPROVED JOHN B. CIAU EN County Couns ! ABy SSO T , IN i e dF L4W,eo ain St eet-Suite B Hill, CA 94523 ( 415) 930-7070 4 - 395 BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA STATE OF CALIFORNIA PLEASANT HILL B.A.R.T. STATION AREA _ ASSESSMENT DISTRICT NO. 1983-1 RESOLUTION NO. RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND APPROVING AGREEMENT FOR LEGAL SERVICES WHEREAS, the Board of Supervisors of the County of Contra Costa, State of California (the "County" ) , has received a Petition signed by the owners of the property described in said Petition, requesting that the Board of Supervisors undertake proceedings pursuant to the Municipal Improvement Act of 1913 and issue bonds under the provisions of the Improvement Bond Act of 1915 for the public acquisi- tions, construction and improvements more particularly set forth in said Petition and to assess the costs of said acqui- sitions, construction and improvements, together with the incidental expenses thereof, upon the property described in said Petition; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, as follows: 1. Manatt, Phelps, Rothenberg & Tunney is hereby appointed Special Bond Counsel in connection with the improve- ment proceedings for Pleasant Hill B.A.R.T. Station Area Assessment District No. 1983-1 and the issuance of improvement bonds with respect thereto. 2. The agreement for legal services between the qa4 and Special Bond Counsel, in the form attached hereto as Exhibit "A" , is hereby approved and the officer of the HER4J-1 1 � . 396 County designated therein as signatory is hereby authorized and directed to execute said agreement. PASSED AND ADOPTED THIS 29th day of November 1983, by the following vote: AYES:. _ Supervisors Powers, Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None 1 hsnbp artlty chat this Is•hw and canoe!Bopp of an action taken and ontered on the minutes of the Board of Supervisors on the date shown. ATTESTED: 9, /9'?3 J.R. OLSf: COUNTY CLERK and ex offlelo Cleric of the Board Deputy HER4J-1 2 397 AGREEMENT BETWEEN THE COUNTY OF CONTRA COSTA AND MANATT, PHELPS, ROTHENBERG & TUNNEY FOR LEGAL SERVICES IN CONNECTION WITH PROPOSED PLEASANT HILL B.A.R.T. STATION AREA ASSESSMENT DISTRICT NO. 1983-1 = This Agreement, made and entered into this 29th day of November 1083, by and between the County of Contra Costa, hereinafter referred to as "County, " and Manatt, Phelps, Rothenberg & Tunney, hereinafter referred to as "Attorneys"; W I T N E S S E T H• WHEREAS, County proposes to acquire, construct and finance certain public improvements within an Improvement District to be known as Pleasant Hill B.A.R.T. Station Area Assessment District No. 1983-1, by assessment proceedings r undertaken pursuant to the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915. WHEREAS, County wishes to appoint, employ and retain Attorneys to provide legal services for the preparation and conduct of said assessment proceedings in connection with the said Improvement District. WHEREAS, the public interest, convenience, neces- sity and general welfare will be served by the employment of Attorneys in said capacity. WHEREAS, Attorneys are qualified to provide such legal services. I . ACQUISITION SERVICES Attorneys agree to provide the following acquisi- tion services for County: HER4A-1 1 EKH OW Q 398 1. Upon request of County, provide all legal services required for County to acquire real property or any interests therein necessary for the proposed Improvement District whether by negotiated purchase or condemnation. 2. Upon request of County, prepare all forms of options, contracts and deeds necessary for the acquisition of real property, or any other interest therein deemed neces- sary for the acquisition or construction of the improvements contemplated for said Improvement District. 3. Upon request of County, consult and advise concerning negotiations for the acquisition of such real property or interest therein deemed necessary for the con- struction of the said improvements. 4. Upon request of County, prepare and conduct Eminent Domain proceedings to final resolution, where neces- sary, to acquire all real property or interest therein deemed necessary for the construction of the said improvements. II . ASSESSMENT SERVICES Attorneys agree to provide the following assessment services for County: 1. Consult with County, its officers, employees, engineers, legal staff, and any.special consultants of County to assist in formulation of a coordinated financial, engineer- ing and legal program for the said Improvement District. 2. Render to the County, its officers, employees, engineers, legal staff, and any special consultants of County all legal advice and services required for the initiation, conduct and completion of all proceedings for the formation and financing of the said Improvement District, including printing, issuance and sale of the assessment bonds on unpaid 8ER4A-1 2 399 assessments. The selection of the bond printing concern will be subject to the approval of the County. Bond printing will be paid for as an incidental expense out of the district funds. 3. Prepare all schedules, petitions, resolutions, ordinances, forms, orders, reports, notices, affidavits and other documents required for the initiation, conduct and completion of all proceedings for the formation and financing of the said Improvement District, including those documents required for securing extra-territorial jurisdiction. 4. Confer with County's engineers as to the legal sufficiency of the Engineer's Report to be prepared in said assessment proceedings and provide such forms therefore as may be required for legal adequacy. 5. Upon request of County, prepare and/or review any and all agreements which the County proposes to enter with the owners and/or developers of real property within the proposed Improvement District and with those entities, including, but not limited to, public utilities to which the County may transfer title to certain of the improvements to be acquired, constructed and financed by said assessment proceedings. 6. Upon request of County, prepare and/or review, supervise and advise concerning the legal documents necessary for the public bidding and for the construction of the improvements, including, but not limited to, the invitations to bidders, proposals, general conditions, and contract docu- ments, including changes, modifications, deletions, and/or revisions during the course of construction; review documents prepared by the County's Department of Public Works and any consultants of County for legal adequacy, and render advice HER4A-1 3 400 regarding the construction bidding, and during the construc- tion process. 7. Supervise and advise County and prepare and review the legal documents involved in the giving of notices of public hearings and notices for the sale of assessment bonds, including rendering advice regarding the sale of said bonds and bids thereon. S. : Upon request of County, attend all meetings of the Board of Supervisors or other public or private meet- ings which are necessary to initiate, conduct or complete the assessment proceedings. 9. Provide a legal opinion unqualifiedly approv- ing all assessment proceedings, contracts, assessments and bonds . 10. Prosecute any validating suit deemed proper or advisable by Attorneys through obtaining a judgment in Superior Court. III . PAYMENT A. Attorneys' compensation for acquisition services rendered under Article I shall be as follows: 1. $150.00 per hour for partners' and $110.00 per hour for associates ' time for services other than court appearances. 2. In addition, Attorneys shall be reimbursed for actual out-of-pocket expenses incurred in connection with such services, including and not limited to, all travel, meals, lodging, reproduction, telephone, or other costs related to acquisition services. B. Attorneys' compensation for services rendered under Article II , Items 1 through 9, inclusive, shall be as follows: HER4A-2 4 401 2-1/2% of the first $2,000,000 of assessment, plus 2% of the next $2,000,000 of assessment, plus 1-1/2% of the next $2,000, 000 of assessment, plus 3/4% of the next $2, 000,000 of assessment, plus 1/20% of the next $2, 000,000 of assessment, plus 1/4% of any amount over $10,000, 000; provided that bond printing shall be paid for as an incidental expense out of the district funds and not included within the above compensation to Attorneys for said services. C. Attorneys' compensation for services rendered under Article II , Item 10, shall be at the rates specified for payment for services rendered under Article I . D. In the event it is determined to have a bond sale by bid invitation rather than a negotiated sale, certain services, if required, shall be furnished by Attorneys and expenses incurred therefor shall be reimbursed to Attorneys by the County based on actual invoices. Such services shall be limited to the following: 1. Printing and mailing notice of sale of bonds and official statement; 2. Obtaining a bond rating and services connected therewith; 3. Obtaining statistical information relative to official statement; and 4. Any special rapid delivery service or delivery service other than regular United States mail. Such services shall be paid for as an incidental expense out of district funds and not included within the compensation based on percentage of assessment paid to Attorneys pursuant to Paragraph B above. HER4A-2 5 402 • E. Payment of Attorneys' compensation hereunder shall be made to Attorneys at the time of delivery to the purchser of the bonds to be issued and sold in the assessment proceed- ings or as soon thereafter as practicable. It is understood and agreed that Attorneys' compensation for all services rendered pursuant to this Agreement shall be paid solely from the proceeds of the assessments to be levied and bonds issued and sold pursuant to said assessment proceedings, and that County shall not be obligated otherwise therefor. Not- withstanding any of the foregoing provisions of this Para- graph E. Attorneys shall be reimbursed by County for all actual out-of-pocket acquisition expenses in the event there are no proceeds of levied assessments and no bonds issued and sold pursuant to said assessment proceedings from which to pay Attorneys. WITNESS THE EXECUTION HEREOF, the day and year hereinbefore written. COUNTY OF OSTA . R. i.Schrpr�g, Sy AP}D_ROVEI?^AS. TII, ORM: By MANATT, PHELPS, ROTHENBERG TUNNEY By Tit 4 arca ro Center ite 3680 San Francisco, CA 94 11 (415) 981-7540 HEMA-2 6 403 BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA STATE OF CALIFORNIA PLEASANT HILL B.A.R.T. STATION AREA ASSESSMENT DISTRICT NO. 1983-1 RESOLUTION NO. 83/1207 RESOLUTION OF INTENTION WHEREAS, the Board of Supervisors for the County of Contra Costa, State of California, has received a petition ( "Petition" ) signed by the owners of the property described in said Petition, requesting that the Board of Supervisors undertake proceedings pursuant to the Municipal Improvement Act of 1913 and issue bonds under the provisions of the Improvement Bond Act of 191 for the public acquisitions and construction more particularly set forth in said Petition and to assess the costs of said acquisitions and construction, together with the incidental expenses thereof, upon the property described in said Petition, and by said Petition, waived all proceedings required by the provisions of Divi- sion 4 (commencing with Section 2800) of the California Streets and Highways Code (being the Special Assessment Investigation, Limitation and Majority Protest Act of 1931) ; WHEREAS, the Board of Supervisors of the County of Contra Costa by its resolution entitled "Resolution Appoint- ing Engineer" , adopted November 29 , 1983, appointed Nystrom Engineering as Engineer of Work to do and perform all engineer- ing work necessary in and for said proceedings, including description of work to be acquired and constructed, estimate of costs, diagram of assessment district and assessment; and HER4K-3 1 4.04 RESOLUTION Nos 83/1207 : WHEREAS, said Engineer of Work has executed a Certificate Relating to Petition certifying that the Petition was signed by owners of more than sixty percent (60%) in area of property in Assessment District No. 1983-1. WHEREAS, the public interest and convenience require the acquisition and construction of the improvements; NOW, THEREFORE, BE IT RESOLVED BY THE Board of Supervisors of the County of Contra Costa, State of California, as follows: 1 . The Board of Supervisors hereby finds and determines that said petition has been signed by the fee owners of more than 60% in area of the property subject to assessment for the proposed acquisitions and construction, and hereby grants said petition and hereby determines that the situation described in clause (3 ) of Section 2804 of the Streets and Highways Code exists and that said Majority Protest Act of 1931 shall not apply to the proceedings here- inafter provided for. 2 . It is the intention of the Board of Super- visors to order the acquisitions and construction set forth in Exhibit "A" attached hereto to be made in the County of Contra Costa in an Assessment District designated Assessment District No. 1983-1, all pursuant to the Municipal Improve- ment Act of 1913 . 3 . The public interest and convenience require said acquisitions and construction of the improvements. 4. Assessment District No. 1983-1 is the Dis- trict to benefit by said acquisitions and construction. The expense of such acquisitions and construction is hereby made chargeable upon said District; provided that all public HER4K-3 2 405. streets, alleys, easements and ways and all publicly owned property in Assessment District No. 1983-1 in use in the performance of a public function shall be omitted from said assessment hereafter to be made to pay the cost and expenses of said acquisitions and construction. 5. The exterior boundaries of Assessment Dis- trict No. 1983-1 are hereby specified and described to be as shown on that certain map now on file in the office of the Clerk of the County of Contra Costa entitled "Proposed Boundaries, Assessment District No. 1983-1, County of Contra Costa, California. " 6. The Clerk is hereby directed: (1 ) to endorse his certificate evidencing the date and adoption of this Resolution of Intention on the original and copy of the map of Assessment District No. 1983-1; (2 ) to file the original of such map in his office; and (3 ) within fifteen (15) days after the adoption of the Resolution Fixing the Time and Place of Hearing on the Formation of Extent of the Assessment District and in no event later than fifteen (15) days prior to such hearing, to file a copy of such map so endorsed in the records of the County Recorder, County of Contra Costa, State of California. - 7 . Notice is hereby given that serial bonds (the "Bonds" ) to represent unpaid assessments, and bear interest at the rate of not to exceed twelve percent (12%) per annum, will be issued hereunder in the manner provided by Division 10 of the Streets and Highways Code, the Improvement Bond Act of 1915, and the last installment of such bonds shall mature in not to exceed thirty-nine (39) years from the second day of July next succeeding ten (10) months from their date. HER4K-3 3 406 8. Pursuant to Section 8650.1 of the California Streets and Highways Code, the Board of Supervisors may, but shall not be required to, determine to issue the Bonds so that the principal amount of the Bonds maturing each year shall be other than an amount equal to an even annual propor- tion of the aggregate principal amount of the Bonds. 9. Pursuant to Part 16 of Division 10 of said Streets and Highways Code, the Board of Supervisors intends to include in said proceedings an amount to create a special reserve fund to provide for the purchase of tax delinquent property by the County and for other advances contemplated to be made by the , County under Part 13 of Division 10 of the Streets and Highways Code. 10. It is the intention of the Board of Super- visors that alternate procedure for collecting assessments and advance retirement of bonds as set forth in Part 11 .1, Division 10 of the California Streets and Highways Code shall apply to the Bonds . 11.. It is the intention of the Board of Super- visors to covenant that,. upon default of any assessment pay- ment due and upon written demand of any bondholder affected thereby, it will cause foreclosure proceedings to be brought within one hundred twenty (120) days of such default, as authorized by Section 8830 of said Code. 12. If the assessment herein proposed results in a surplus in the improvement fund to be created with respect to the Bonds, after the completion of such surplus shall be applied as a credit upon the assessment, in accordance with the provisions of Section 10427(b) of the California Streets and Highways Code. HER4K-3 4 407 13 . It is the 'intention of the Board of Supervisors to enter into on behalf of the County of Contra Costa agree- ments with the following public agencies and utilities under the provisions of Chapter 2 (commencing with Section 10100) of Division 12 of the California Streets and Highways Code: Sewer - Central Contra Costa Sanitary District Water - Contra Costa Water District Gas and Electricity - Pacific Gas & Electric Co. Telephone - Pacific Telephone & Telegraph Co. Storm Drains - County of Contra Costa 14. Whenever, in the Municipal Improvement Act of 1913 or in the Improvement Bond Act of 1915 a notice, resolu- tion, order or other matter relative to said proceedings for said acquisitions and construction in said assessment district is required to be published, the County Clerk of the County is hereby ordered to publish such notice, resolution, or other matter in the Contra Costa Times, which is hereby selected by the Board of Supervisors for that purpose. 15 . The Board of Supervisors hereby refers said proposed acquisitions and construction to Nystrom Engineering as Engineer of Work, and hereby directs said Engineer to make and file with the Clerk of the Board of Supervisors a report in writing containing the matters specified in Sec- tion 10204 of the California Streets and Highways Code. PASSED AND ADOPTED this 29th day of November , 1983, by the following vote: AYES: Supervisors Powers, Fanden, McPeak, Torlakson and Schroder NOES: None ABSENT : None ABSTAIN: None 1 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. ATTESTED: �a9, /fid 3 HER4K-3 5 J.R. OLSSON, COUNTY CLERIC and ex officio Clerk of the Board By , Deputy 408 - 14151935;8077 NYSTROM ENGINEERING RICHARD A. NYSTROM CIVIL ENGINEER • PLANNER 2263 GLADWIN DRIVE. WALNUT CREEK. CA 94596 PLEASANT HILL B.A.R.T. STATION ASSESSMENT DISTRICT 11983-1 EXHIBIT "A" "Description of Work" The construction or acquisition of street, storm drainage, sanitary sewer, water, and utility improvements in Treat Blvd from Interstate 680 to the Walnut Creek Channel; in Oak Road from Jones Road to Treat Blvd; in Oak Road extension from Treat Blvd to Coggins Road; in Wayne Court and its westerly extension .from Oak Road extension to Buskirk Road; in Las Juntas Road from Oak Road extension to the Southern Pacific Railroad; in Coggins Road from its intersection with the Southern Pacific Railroad to Las Juntas Road; in the South- ern Pacific Railroad right-of-way from Coggins Road to Monument Blvd; Buskirk Road from Treat Blvd to Oak Road extension; in the intersection of Buskirk Road with Monument Blvd; in the off-ramp of Interstate 680 ; in the new Jones Road entrance to the B.A.R.T. Station from the B.A.R.T. Station to Treat Blvd at the Southern Pacific Railroad; in the extension of Jones Road from Oak Road to Treat Blvd; in the proposed bus lanes in the B.A.R.T. Station, through the Southern Pacific Railroad right-of-way, to Coggins Lane, and within easements to be designated. The improvements shall consist of the following: clearing, grading, paving, curbs & gutters , sidewalks, trail systems , pedestrian over- crossing, street monuments , street lights , street name signs , traffic control signs , striping, traffic signals , storm drainage facilities , sanitary sewers and appurtenances , water distribution facilities , fire hydrants , and appurtenances , landscaping, the conversion of electrical and communication facilities from overhead to underground locations , utitlity conduits , gas mains , the relocation of existing utility facilities , the acquisition of capacity in existing storm drainage, sewage disposal, and water facilities , together with the acquisition of all necessary interests in real property. RESOLUTION NO. 83/1207 409 BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA STATE OF CALIFORNIA PLEASANT HILL B.A.R.T. STATION AREA ASSESSMENT DISTRICT NO. 1983-1 RESOLUTION NO. RESOLUTION APPROVING ENGAGEMENT OF UNDERWRITERS BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA that the form of letter agreement dated November 17, 1983, between the County of Contra Costa and Stone & Youngberg and Dean Witter Reynolds, Inc. as underwriters for the Pleasant Hill B.A.R.T. Station Assess- ment District No. 1983-1 bond issue is hereby approved and said agreement shall be executed on behalf of the County by the appropriate County officers. PASSED AND ADOPTED THIS 29th day of November , 1983, by the following vote: AYES: Supervisors Powers, Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None ihereby oe"Ifythatthis isainn andow ec oopyof an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: �o t"2 J.R. OLSSON, COUNTY CLERK and ex ofiiclo Clerk of the Board By epi 410 f w i BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA STATE OF CALIFORNIA RESOLUTION NO. L&IR 0 RESOLUTION ENGAGING SPECIAL LEGAL AND BOND COUNSEL IN CONNECTION WITH THE FORMATION. AND OPERATION OF THE PROPOSED COMMUNITY REDEVELOPMENT AGENCY OF THE COUNTY OF CONTRA COSTA WHEREAS, the County of Contra Costa (the "County") has determined that the public interest, convenience and necessity require the formation and operation within the County of a Community Redevelopment Agency to be formed pursuant to the provisions of the California Health & Safety Code, Secs. 33000 et seq. ; and WHEREAS, County requires the services of special redevelopment counsel and of special bond counsel to assist it in the formation of said agency, the creation of redevelop- ment plans and the execution of such plans through the issuance of bonds and other evidences of indebtedness , NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, as follows: 1. County hereby appoints the law firm of Goldfarb & Lipman, Oakland, California, as special redevelopment counsel , and the law firm of Manatt, Phelps, Rothenberg & Tunney as special bond counsel with respect to said proposed agency. 2. Said law firms shall advise and assist the County and its Redevelopment Agency from time to time, as required, in the formation of such agency .and development of appropriate redevelopment and financing plans. 3. Said law firms shall be compensated during the course of formation and plan development on a reasonable 41.E hourly basis, including necessary out-of-pocket expenses, consistent with the work each firm is asked or required to perform, such hourly rates to be consistent with those normally charged by the attorneys of the respective firms assigned to the work in progress. 4. As specific financings are required by the agency, Manatt, Phelps, Rothenberg & Tunney, as special counsel herein, shall perform normal bond counsel functions as requested by the agency at reasonable fees and costs to be determined from time to time by the parties. PASSED AND ADOPTED THIS 29th day of November , 1983, by the following vote: AYES: Supervisors Powers, Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None t herby awMty that thle to•true and ooneet cope of an action taken and entered on the minutes of the Board of Supervisors or the date shown. ATTESTE©: ��e&Z /9 83 J.R. OLSS-ON, COUNTY CLERK. and ex otficlo Clerk of the Board By 2 a 4x , Deputy 412