Loading...
HomeMy WebLinkAboutMINUTES - 12061994 - HA i f f + 'r THE BOARD OF SUPERVISORS, AS THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Adopted this Resolution on December 6, 1994, by the following vote: AYES: Supervisors Bishop, Torlakson and Powers NOES: None ABSENT: Supervisors Smith and DeSaulnier RESOLUTION NO. 94/ 603 (Government Code § 25350) SUBJECT: Approve Purchase and Accept Grant Deed Rossmoor Fire Station No. 3 Project No. 5515, CDD-CP 88-67 Walnut Creek Area The Board of Supervisors of Contra Costa County, as the Board of Directors of the Contra Costa County Fire Protection District, RESOLVES THAT: This Board on November 1, 1994, passed Resolution of Intention No. 94/534 and Notice fixing December 6, 1994, at 9:00 A.M. in its Chambers, County Administration Building, 651 Pine Street, Martinez, California, as the time and place where it would meet to approve the purchase of the real .property described therein from the City of Walnut Creek, said property being required for fire station purposes. Said Resolution was duly published in the Contra Costa Times in compliance with Govt. Code Section 6063. The Board hereby Approves said purchase in accordance with the terms and conditions of the Purchase Agreement between the City of Walnut Creek and the District for a fire station site at Rossmoor Parkway, Walnut Creek, California. The Purchase Agreement is hereby Approved and the Fire Chief is Authorized to sign the Purchase Agreement on behalf of the District. Said Purchase Agreement requires the City to deed the property to the District upon award of a construction contract for Station No. 3. Payment for the site is based on the funds received from the sale of the District's Tice Valley Road site with an initial cap of $303,091.00. Sale of the Tice site is not expected for at least three years. The overall project consists of the purchase of the station site, construction of the fire station, and operation thereof. RESOLUTION NO. 94/ 603 Said Deed is hereby ACCEPTED and the Real Property Division is ORDERED to have it recorded, together with a certified copy of this resolution. This Board hereby FINDS that there is no substantial evidence that the proposed project will have a significant effect on the environment, and that it has reviewed and considered the Initial Study and Negative Declaration (the custodian of which is the Public Works Director who is located at 255 Glacier Drive, Martinez, California), together with any comments received during the public review process, and this Board approves its adequacy for California Environmental Quality Act purposes. This Board DIRECTS the Director of Community Development to file a Notice of Determination and a Certificate of Fee Exemption: De Minimis Impact Finding with the County Clerk, and DIRECTS the Public Works Director to arrange for payment of the $25.00 handling fee to the County Clerk. The City of Walnut Creek has determined that the project conforms to the City's General Plan. orig.: Public Works (R/P) contact: Roger Frost (510) 313-2223 cc: Auditor-Controller (via R/P) Public Works Accounting Iherehycertify'hat this Isatrue and correctcopyof County Recorder (via R/P) an action taken and entered on the minutesof the Board of Supervisors on the date tarp Grantor (via R/P) ATTESTED: December 6 5 Design-Environmental PHIL BATCHELOR, Clerk of the Board g of S upe rvisors and�County Administrator RF:glo By �JCLtU.nun //twY ,Deputy g:�realprop�temp\brl6R FS.t11 November 7,1994 r AGREEMENT FOR CONVEYANCE OF PROPERTY from THE CITY OF WALNUT CREEK to CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Approximately.75 Acres of Vacant Land Walnut Creek,California This Agreement is entered into by and between the City of Walnut Creek ("City"), a municipal corporation,and the Contra Costa County Fire Protection District ("District"), a special district,on 1994(the "Effective Date"). RECITALS A . District is the owner of a fire station site being the real property described in Exhibit B, attached hereto and incorporated herein by reference(the "Tice Site"). B. City is the owner of that certain real Property located in the City of Walnut Creek, County of Contra Costa, State of California, and more particularly described in Exhibit A, attached hereto and incorporated herein by reference(the "Property"). City and District desire that a fire station be located on the Property. AGREEMENT NOW THEREFORE, in consideration of the agreements herein contained and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. CONVEYANCE OF PROPERTY: In consideration of the terms, conditions and agreements"made herein, the City does hereby agree to convey to the District on the terms and conditions set forth in this Agreement("Agreement"),title to the Property in fee simple absolute. 2. TERM-AGREEMENT TO CONVEY TITLE: Subject to the terms and conditions of this Section 2, the City's obligation to convey title and the District's right to acquire title to the Property pursuant to this Agreement shall commence on the effective date of this Agreement and shall terminate one year thereafter except as otherwise provided below. 1 a. Effective Date: This Agreement is subject to approval by the Board of Supervisors as the Board of Directors of the Contra Costa County Fire Protection District and by the City Council for the City of Walnut Creek. This Agreement shall not be effective until the date the last of the said two public entities approves the Agreement and that date shall be deemed to be the "Effective Date" of this Agreement. b. Condition Precedent to Conveyance: The obligation of the City to convey fee simple title to the Property to the District is subject to the condition precedent that, prior to said conveyance,the District shall deliver to the City written notice(the "Notice to Convey") that the construction contract for Fire Station 93 has been awarded. City shall convey the Grant Deed to the Property and possession of the Property to the District no later than fourteen(14)days after the Notice to Convey is delivered. C. Grant Deed: City shall convey fee simple title to the Property to the District by Grant Deed. The Property shall be free and clear of all recorded or unrecorded liens, encumbrances, covenants, conditions, assessments, easements, equitable servitudes, leases, unrecorded agreements and taxes, other than exception 3 shown on the preliminary title report issued to City by Stewart Title Company on December 6, 1990 and the condition described in Paragraph 9 of this Agreement. If the District desires to obtain title insurance, the cost of such title insurance shall be the sole obligation of the District. It shall be the District's responsibility to record the Grant Deed following delivery of the Grant Deed to District. d. Termination: Except as otherwise provided herein, if the District does not deliver to the City the Notice to Convey described in Subsection b. of this Section 2 or a Notice of Extension as described in Subsection e. of this Section 2, within one year after the Effective Date, this Agreement shall terminate. Upon such termination, City shall be under no obligation to convey the property to District, and neither District nor City shall have any further rights or claims against the other, except as otherwise provided in this Agreement. e. Extension of Termination Period: If the District is unable award the contract for the construction of Fire Station#3 within one year from the Effective Date of this Agreement because one or more of the bidders for the contract protests the.lowest responsible bid, or for similar reasons which are beyond the control of the District, the District shall have the right to extend the term of this Agreement for an additional year or until thirty days following the resolution of the bid protest or similar delay, whichever is shorter, by delivering to the City a"Notice of Extension." 2 3. CONSIDERATION: The consideration for the conveyance of the Property to the District is the District's agreement to construct a fire station on the Property and to use its best efforts to sell the Tice site. 4. CONTINGENT ADDITIONAL CONSIDERATION: The District would like to sell the Tice Site and use a portion of the proceeds to provide additional monetary consideration to the City, but cannot and does not covenant to do so. City understands and acknowledges that factors exist which may innpede or prevent the sale of the Tice Site by the District. District shall use its best efforts to sell the Tice Site for fair and reasonable consideration within three years following the effective date of this Agreement, if it is permitted by law to do so. If,following the conveyance of the Grant Deed to the District the District sells the Tice Site it will provide the City with additional consideration as follows: a. Sale of Tice Site Within Three Years: If the Tice Site is sold by the District within three years following the Effective Date of this Agreement,upon receipt of any Net Proceeds of the sale, the District will pay to the City the sum of $303,091.00 ("Additional Consideration Amount"),or the Net Proceeds of the sale,whichever is less. As used herein, the term"Net Proceeds"shall mean the funds received from the sale of the Tice Site, less any direct costs of sale, excluding the cost of any District salaries or overhead, or payments to Contra Costa County for real property, legal or other services related to the sale. b. Sale of Tice Site After Three Years: Following the third year after the Effective Date of this Agreement, and unless the three year period is extended as provided herein,the Additional Consideration Amount will increase thereafter on the anniversary date of the Effective Date at the rate of twelve percent (12%) per annurn, simple interest ("Adjusted Additional Consideration"). Except as otherwise provided herein, if the Tice Site is sold by the District more than three years after the Effective Date of this Agreement, upon receipt of the Net Proceeds of the sale,the District will pay to the City the amount of the Adjusted Additional Consideration or the Net Proceeds of sale,whichever is less. C. Extension of Three Year Period: The three-year period specified in this Subsection a. of this Section 4 shall be extended for a period equal to any delay in the sale resulting from or connected with pending or threatened litigation concerning the Tice Site or the sale ofthe Tice Site,and the Additional Consideration Amount shall not be increased during the period of such extension or until ninety days following any settlement or the final termination of any litigation. 3 d. Sole Source of Funding: City acknowledges and agrees that the sole and exclusive source of fielding for any contingent additional consideration shall be the proceeds of the sale of the Tice Site. The District shall have no obligation whatsoever to pay any of its general funds to the City, nor has the District agreed nor does it have any obligation to borrow any fiords from any source to pay any additional consideration to the City. If, for any reason,the District does not sell the Tice Site, or conveys the Tice Site but does not receive any Net Proceeds from the conveyance,the City shall have no entitlement to additional consideration of any kind from the District. 5. RIGHT OF ENTRY: Permission is hereby granted to the District, its contractors and their authorized agents to enter and bring the necessary workers,tools and equipment onto the Property for the purposes of inspecting, surveying, or making any soils tests or engineering or other studies or tests deemed necessary by the District. If, for any reason, the City fails to convey title to the Property to the District within the fourteen(14)day notice period provided by Section 2.b. of this Agreement, said permission for right of entry shall hereby be automatically extended to permit the District, its contractors and their authorized agents to enter onto the Property to commence the construction of the fire station on the Property. 6. DAMAGE OR DESTRUCTION: In the event of damage or destruction of the Property or any portion of the Property prior to the conveyance of the Property to the District,the District may elect either to terminate this Agreement upon written notice to City, or to continue this Agreement . Upon such termination,neither party shall have any further obligations under this Agreement except as otherwise provided in this Agreement. 7. CITY COVENANTS: Commencing with the Effective Date of this Agreement until title to the Property is conveyed to District: 4 1 1 1 a. City shall not permit any liens, encumbrances, or easements to be placed on the Property, nor shall City enter into any agreement regarding the sale, rental, management, repair,improvement,or any other matter affecting the Property that would be binding on the District or the Property after the Property is conveyed to the District, without the prior written consent of the District. b. City shall not permit arry act of waste or act that would tend to diminish the value of the Property for any reason. 8. USE OF PROPERTY: The grant deed conveyed to District pursuant to this Agreement shall include the following express condition: "The property described herein shall be used solely for the construction and maintenance of a fire station and appurtenances thereto. This condition shall terminate if grantee enters into a binding agreement with the City of Walnut Creek to use the proceeds of the sale of the property solely for the acquisition and/or development of a fire station to serve the same or any modified service area which includes substantially the same territory." a. Termination of Condition: If the District pays to the City the sum of $303,091.00,the foregoing condition shall terminate and City shall provide the District with a quitclaim deed,or such other document as the District may require, to release the Property from the foregoing condition. The District may but shall not have any obligation to use funds other than the proceeds of the sale of the Tice Site to pay the sum of$303,091.00, or any portion thereof;to the City for the purposes of removing the foregoing condition. 9. COMPLETION OF CONSTRUCTION: The District will complete construction of the fire station within a reasonable time following the commencement of construction. However, in the event that such performance is prevented or delayed, retarded or hindered by an act of God, fire, earthquake,flood,explosion, action ofthe elements, war, invasion, insurrection, riot, mob violence, sabotage, inability to procure or a general shortage of labor, equipment, facilities, materials or supplies in the open market, failure of transportation, strike, lockout, action of labor unions, a taking by eminent domain, requisition, laws, orders of government or civil or military or naval authorities, or any other cause,whether similar or dissimilar to the foregoing, not within the reasonable control of the District, the District shall be excused from performance hereunder until such time as the District shall no longer be precluded from performing on account of any of the foregoing reasons. 5 10. PROCESSING AND FEES: The District shall be deemed the lead agency under the California Environmental Quality Act and the applicant for the rezoning of the Property. The City agrees to waive all City-imposed permit and processing fees relating to the rezoning and construction of the fire station,including rezoning and design review fees, plan checking fees and impact fees,but- inspeetion 4— and eng. 11. BROKERS: City and District each warrants that it has not had any dealings with any real estate broker in connection with this Agreement which could give rise to any claim for a commission. 12. ASSIGNMENT-SUCCESSORS: This Agreement may not be assigned without the prior written agreement of both parties. Subject to that restriction,the terms, conditions, covenants and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. 13. AUTHORITY: City and District warrant that the person executing this Agreement on behalf of the respective party is fully authorized by such party to do so. 14. NOTICES: All notices to be given under this Agreement shall be in writing and sent by: (i) first class mail,postage prepaid, in which case notice shall be deemed delivered three (3)business days after deposit in the United States Mail; (n) a nationally recognized overnight courier, in which case notice shall be deemed delivered one(1)business day after deposit with that courier, or (iii) telecopy or similar means, in which case notice shall be deemed delivered one (1) business day after the day it was transmitted by telecopier or similar means,provided that a transmission report is generated by reflecting the accurate transmission of the notices. 6 The place for delivery of all notices given under this Agreement shall be as follows: City: City of Walnut Creek Attn: City Manager 1666 N. Main Street P.O. Box 8039 Walnut Creek, CA 94569 FAX(510) 939-1058 District: Fire Chief Contra Costa County Fire Protection District 2010 Geary Road Pleasant Hill, CA 94523 FAX(510)930-5592 With Copy to:Public Works Department Real Property Division Attn: Paul Gavey 255 Glacier Drive Martinez, CA 94553 FAX(510) 313-2333 or to such other addresses and City or District may respectively designate by written notice to the other. 15. ENTIRE AGREEMENT: This Agreement contains the entire agreement between the parties to this Agreement and shall not be modified in any manner except by an instrument in writing executed by the parties or their respective successors in interest. 16. CONSTRUCTION: The section headings and captions of this Agreement are, and the arrangement of this instrument is,for the sole convenience of the parties to this Agreement, The section headings,captions and arrangement of this instrument do not in any way affect,limit,amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties,but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. 17. MERGER: All of the terns,provisions,representations,warranties and covenants of the parties under this Agreement shall survive the assignment of this Agreement and shall not merge with the delivery to the District of the Grant Deed. 7 18. REMEDIES: In the event of a breach or other failure of this Agreement,the parties shall have all rights and remedies provided by law,with the exception that City shall not have the right to rescind this Agreement or to the restitution or possession of the Property following conveyance of the Property to the District and City hereby waives such right. CITY DISTRICT City of Walnut Creek Contra Costa County Fire Protection District By: By: APPROVED AS TO FORM: Walnut Creek City Attorney Victor J. Westman County Counsel By: By: Deputy County Counsel RE& g:\reWProp\temp\fircpur2.agt November 2,1994 8 S.rhuricht & Assoc . TrL : 1-415-674-1151: Oct. 31 ,94. 13:04 No .002 .P.02 K EXHIBIT "A„ THE' LAND REFERRED TO 1SSIT'UA'TED IN THE STATE OF CALIFORNIA, 0,,OUNTY OF CQNTAZA COSTA,, CITY OF WALNUT C101EK, AND IS DESCR I)0, AS FOLLOWS': COJ� MIENCI G AT THE INTERSECTION OF THk, SOUTHERLY LINE' OF 7'I CE VALLx;Y I3C)L'LEVAI;J AS DESCuIBED IN THS. DEED TO TI'.E CITY OF WALNUT CREEK, RECORDED MIARCH 25, 1966, IN BOOT{ 5065, AT PAGE 42 OF OFI"ILIA, RFCORDS AND THE EXTERIOR LINE OF THE PARCYL OF LAND UESCIZIBED 7N . TGIF FINAL ORDER IN CONDEMNATION NO. 65800, WALNUT CREEK SCI7 01 D I STkI CT OF CONTRA COSTA COUNTY, PLAINTIFF V��. 1 6TA.I\TD, IN-C. , ET AL, DEFENDANTS, A CI~." MFIED COPY OF WHICH WAs RECORDED MARCH 29, 1957, IN BOOK 2955, AT PAGE 587 OF OFFICIAL RL-:CO' ?3Ia74TCE ALONG SAID SOUTHERLY LINE, EXTERIOR BOUNDARY OF SAID PARCEL 115065 O.R. 42) AS FOLLOWS: NORTH 01" 31 '47" WEST, 247.72 FE'A'T AND SOUTHWESTERLY ALONG '!'JIT; ARC 0,7 A CEJRINTE4 TO THE LEFT, WITH A RADIUS OF 45 FEET, AN ARC DISTANCE OF 55..56 ;FEET TO THE EASTERLY LINE OF ROSSMOOR PARI{.WAY, r;X',l`};RIO : BOUNDARY OF SAID WALNUT CREEK PARCEL (5085 O.R. 42) ; TFENCE ALONG SAID EASTERLY BOUNDARY AS FOLLOWS: SOUTH 270 ;IG' ?.3" V+T;.ST, 100.77 FEET AND SOUTHWESTERLY ALONG THE ARC OF A CUHVL 7'0 TH 2, RIG_-IT, WJ:TH. A RADIUS OF 550 I''L"ET. AN A).%'.0 DISTANCE C>!' S)() . Ei'/ FI';ET; SOUTH 37" 04-29" WEST, 111 . 32 FEET: AND NORTH 52 u 55 -31" 31." WEST, 3. 00 F ET TO EXTERIOR BOUNDARY OP PARCEL OF LAND RETAINED 33Y ROSSVO:`R CORPORATION AS 1 XCElPTION 37, IN THE DEED TO TERRA CAL•I FOIRN I A, RECORDED MAY 17, 1968 IN BOOK 5626 PAGE 862 OT' On.1FICIAL RECORDS, 1liENCE ALONG SAID EXTERIOR BOUNDARY OF FiA I D PARCEL (5626 OR 862) AS FOLLOWS: SOUTH 370 04- 29" WEST, 74 . 63 k'J:ET AND SIOU'_HWESTERLY ALONG THE ARC 0)' A CURVE TO THE RIGHT, WITH A RADIUS OF 256. 00 FEET, AN ARC DISTANCE OF 39. 23 FI�J:ET TO. THE EASTERLY LINE OF ROSSMOOR PARKWAY DESCRIBED IN THE DEED 'IV "T hE C17Y OF WALNUT CRL-EK, RECORDED JANUARY 23, 1964, I N BOOK 4538, A T PAGE" 16:3 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE (45:3£ O.R. 163) SOUTH 370 04 ' 29" WEST, 85.88 FEET TO 7IE NOJ,THERLY LINE OF *THE PARCEL OF LAND DESCRIBED IN THE DEET) TO 1"HE ROMAN CATT�iOL C BISHOP OF OAKLAND, A CORPORATION SOLE, RECORDED NOVE14BER 30, 1967, IN BOOK 5506 AT PAGE) 294, OF OFFICIAL IiEC:ORDS; :'HENCE LEA VIA'G SAID EASTERLY LININ OF ROSSMOOR PARKWAY ALONG SAID NORTHERLY LINE 01' SAID PARCBL (5506 O.R. 294) SOUTH 74' 40 ' 05" EAST, 156.06 FEET TO AN INTERSECTION WITH THE EXTERIOR LINE OF WAl M)"J' CREEK SC? 001, DISTRICT PARCEL (2955 O.R. 587) , 33EING THF TRUE POINT 'OF '3EGINNING, ALSO BEING A ONE AND ONE HALT" INCH IRON PIPE TAGGED :RCE 6245 AS SAID IRON PIPE IS SHOWN ON THE RECORD OF SVRVI-.,Y RECORDED rEBRUARY 20, 1991 , IN BOOK 97 OF LAND SURVEY MAN'S AT PAGE 24; ';HENCE ALONG SAID EXTERIOR LINE (2955 O.R. 587) NOR'lli 66° 52 ' 20" EAST, 74.99 FEET; THENCE LEAVING SAID EXTERIOR LINE NORTH 37' 04' 29" EAST, 96.30 FEET: THENCE NORTH 52 ° 5531" WEST, 176 .00 FEE'!' TO THE EAST LINE OF ROSSMOOR PARKWAY; THENCE SOIJT14 37" 04' 29" WEST, 85.50 FEET,- THENCE SOUTH WESTERLY ALONG '111.13 ARC OF A CURVE TO' THE RICHT, WITn A RADJUS OF 250. 03 FEET, AN ARC DISTANCE OF 38 . 77 F ;ET; THENCE SOUTH 41° 31 ' 02" WEST, 38.73 FEET; 'Schuricht & Rssoc . T=-'L :1-415-674-115i Oct 31 ,94 13 :04 No .002 P.03 THENCE SOLrr-H :372 04' 29" WEST. 56.:37 FEET TO THE NORTHERLY LINE OF THE PARCEL OF' LAND DESCRIBED IN SAID DEED TO THE ROMAN CATHOLIC BISHOP OF OAKLAND (5506 O.R. 294) ; THENCE ALONG SAID NORTHERLY LINE (55� 6 0.R. 294) SOUTH 7,f 4010511 RAST. 155.62 FEET TO THE POINT OF BEGINNING, CON0,15TING OF 3.1,572 SQUARE FEET MORE OR LESS. THE MIINTERAL RIGI_=S AS RESERVED IN THE DEED FROM TERRA CALIFORNIA, A CORPORATION TO SANTA BARBARA SAVINGS AND LOAN ASSOCIATION. A CALIFORNIA CORPORATION, RECORDED MAY 14. 1982, IN DOOR 107110, PAGE 673, 1*0 WIT: ALL MINERALS, OIL, GAS, PETROLEUM, NAPTHA, AND OTHER HYDROCARBUN SUBS: T`AI�TCBS L?V I NG I N OR UNDER OR THAT MAY HE PRODUCED FROM SAID !.kNV p.`:-vW A bEf h Of: 6'00 F`EkT (MRASURED VExTICALLY) BF:QbW aHELE PRESENT SURFACE OF SAID LAND, TOGETHER WITH ALL NECESSARY AND CONVF.VIEN'?' RIGHTS TO EXPLORE FOR, DEVELOP, PRODUCE, EXTRACT AND TAKE. '. SA . ;, ;NCLUDING THE EXCLUSIVE RIGHT TO DIRECTIONALLY DRILL I N'?'0 AND THPOUGH SAID LAND FROM OTHER LANDS I IV 1'0 THE SUBSURFACE U:" OTHER LANDS, ALL SUBJECTS, HOWEVER, TO 'Tilly. COND:i'I ONS AND L I M I TAT I ONS THAT, IN 111E ENJOYMENT OF 'TliB I lZrEREST HEREBY RESERVED, THE GRANTOR, ITS SUCCESSORS AND ASSIGNS MAY NOT ENTER UPON THE SURFACE OF SAID LAND, NOR UPON THE SUBSURFACk' 'THEREOF, ABOVE' A DEPTH' EPTH. OF 500 F'RE'T (MEASURED VERTICALLY) BELOW THE PRESENT SURFACE OJ.,' SAID LAND. FIRrSTA3.DFS CCCFPD Tice Site EXHIBIT"B" Portion of the Rancho San Ramon, described as follows: Beginning on a northern line of the parcel of land conveyed as Parcel One in the grant deed from Esther J.Dollar, a widow,et al,to State Mutual Life Assurance Company of America, a corporation, recorded July 3, 1963, in Book 4400 of Official Records, page 208, at the northeastern line of Tice Valley Boulevard, as said Boulevard now exists(9/18/64);thence from said point of beginning South 88°48'41"East,along said northern line(4400 OR 208), 250.039 feet;thence South 24°40'18" East, 182 feet; thence South 65019'42" West, 225 feet to the northeastern line of said Tice Valley Boulevard(9/18/64);thence North 24040'18"West, along said northeastern line, 291.062 feet to the point of beginning. EXCEPTING THEREFROM: The mineral and hydrocarbon rights as reserved in the deed from State Mutual Life Assurance Company of America, a corporation, et al, to Contra Costa County, a political.subdivision of the State of California, et a1, recorded May 6, 1966 in Book 5115, page 71, to wit: All minerals, oil,gas, petroleum, naptha, and other hydrocarbon substances lying in or under or that may be produced from said land below a depth of 500 feet(measured vertically)below the present surface of said land, together with all necessary and convenient rights to explore for,develop,produce,extract and take the same,including the exclusive right to directionally drill into and through said land from other lands and into the subsurface of other lands, all subject, however,to the conditions and limitations that in the enjoyment of the interest hereby reserved, the grantors, their successors and assigns may not enter upon the surface of said land,nor upon the subsurface thereof above a depth of 500 feet(measured vertically)below the present surface of said land. RF:glo gArealprop\temp\Tice.tl l November 3, 1994 CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF DETERMINATION CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 851 PINE STREET 4TH FLOOR NORTH WING MARTINEZ, CALIFORNIA 94553-0095 Telephone: (510) 313-2296 Contact Person: Vickie Germany, Public Works Dept. Project Description, Common Name (if any) and Location: ACQUISITION, CONSTRUCTION AND OPERATION OF THE ROSSMOOR FIRE STATION, County File #88-67: Acquire subject property, a 2.20± acre parcel of vacant land, on which to construct and operate a fire station. See attached plat for general layout and configuration of site. Project Location: Subject project is located on the east side of Rossmoor Parkway at the intersection of Tice Valley Boulevard, in the Walnut Creek area. The project was approved on Pursuant to the provisions of the California Environmental Quality Act: QAn Environmental Impact Report was prepared and certified. QThe Project was encompassed by an Environmental Impact Report previously prepared for ® A Negative Declaration was issued indicating that preparation of an Environmental Impact Report was not required. Copies of the record of project approval and the Negative Declaration or the final EIR may be examined at the office of the Contra Costa County Community Development Department. © The Project will not have a significant environmental effect. QThe Project will have a significant environmental effect. Mitigation measures were made a condition of approval of the project. A statement of overriding considerations was adopted. Findings were adopted pursuant to Section 15091 of the State CEQA Guidelines. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTMIG I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: Department of Fish &Game Fees Due: County Public Works Department EIR - $850 Total Due: $ 255 Glacier Drive Neg. Dec. - $1,250 Total Paid: $ Martinez, CA 94553-4897 DeMinimis Findings - $0 Attn: Janet Frattini V County Clerk- $25 Receipt #: r � CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Proponent Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 Project Name: Rossmoor Fire Station 1. location: Rossmoor Fire Station is proposed to be located on the east side of Rossmoor Parkway at the intersection of Tice Valley Blvd., in the Walnut Creek area of Contra Costa County. Project Description: The proposed project involves the acquisition of approximately 2.20 acres of vacant land to construct and operate a fire station. Findings of Exemption: Pursuant to CEQA Guidelines Sections 15162-15164 & 15168 (c)(2) and on the basis of a written checklist, the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no 1 new information of substantial importance has become available. Considering the record as a whole, there is no evidence that the proposed project will have a potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based on substantial evidence, the County of Contra Costa rebuts the presumption of adverse effect as listed at subsection (d) of Section 753.5 of the Fish and Game Code. Certification: I hereby certify that the lead agency has made the above findings of fact and that based upon the Initial Study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Environmental Planner (Chief Planning Official) Public Works Department Title: Lead Agency: County of Contra Costa Date: .ler arossmoor.dem Form Rev.7/24/91 1 INITIAL STUDY OF ENVIRCHMERIAL SIGtiII'ZC Project Name: Hoesmoer Fire Station Public morias Department 255 Glacier Drive File # 6-7 Al-.0- Nwrtinez, Chlifarnia 94553 Prepared by: Fboger H. Host Date: July 7, 1988 Reviewed by: Date: ? : ( ) General Rule: Exempt from Govt. Code 65402 by Board f Supervisors Resolution 81/522 ( ) Categorical Emmgotian (Class ) (X) Negative Declaration O Fbvir vantal mpact Report Required ( j Conditional Neg. Declaration This Project will not have a significant effect an the ernvixoczMent. The I icn is based an the following (List all items identified as project involves purchase of land, construction and operation of a Am station an property presently zoned for offices, planned unit develcpnent. Rhat charges to the project vada mitigate the identified fied (List mitigatian erasures for any significant iipacts and conditional negative declaration). N/A - Project has minimal environmental inpaet MGS Quad Sheet: Walnut Creek Base Map Sheet # P-13 Parcel # 189-130-008 GENERAL I. Iraatim: On the east side of Rossmoor Parkway at the intersection of Tice Valley Blvd., Walnut Creek'Area, see attached map. 2. Ptvject Description: Acquire subject property, a 2.20+ acre parcel of vacant land, construct and operate a fire station on same. See plat attached for general layout and configuration of site. 3. Does it appear that any feature of the project JE yes L/no ,Qj/imybe Will generate significant ran- pdAlc concern? (Natare of concern): Staff has been advised that Rossmoor and the City of Walnut Creek have expressed c x iderable interest in seeing a fire station located closer to the Rossmoor development 4. Nall the project require approval of permits by other Q(/yes ,Elnc than a County agency? Agency name(s) Walnut Creek re: Cxmplisnoe with Goverrmm* Code Section 65402. 5. Is the project within the Sphere of Influence of any city? (Nam) Walnut Creek, Ch CONTRA COSTA CCUNTY ENPIFONM NTAL CE=IST FC7RM I. Background 1. Name of Proponent 2. Address and Phone Number of Proponent e1- NT2A COyT GO F ZS5­Q LAC1,61Z D4. 3. Date of Checklist Submitted 4. Name of Proposal, if applicable II. Environmental Impacts (Explanations of all significant, (S), answers are required on attached sheets.) 1. Barth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, canpaction or { overcovering of the soil? _ i c. Change in topography or ground surface relief features? .'.; d. The destruction, covering or mod 1:0 M of any unique geologic or physical features? _ X V e. Any increase in wind or water erosion of soils, either on or off the-site? f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? Please Note: 'S' is for significant; '{' is for Insignificant . S � 2. Air. Will the propel result in: a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? _ 3. Water. Will the proposal result in: a. Changes in currents, or the course of di- rection of water movements, is either marine or fresh waters? b. Changes in absorption rates, drainage pat- terns, or the rate and amount of surface runoff? c. Alterations to the course or low of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, in- cluding but not limited to temperature, dissolved oxygen or turbidity? X f. Alteration o4 the direction or rate of flow of ground waters? g.. Change in the quantity of ground waters, either through direct additions or vith- drawals, or through interception of an - aquifer by cuts or eacavatiowi? X; h. Substantial reduction in the amount of water otherwise available for public water supplies? X J. Exposure of people or property to water re- lated hazards such as flooding or tidal waves? - 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or num-- r ber of any species of plants (including. trees, shrubs, grass, crops, and aquatic plants)? • 1 C , b. Reduction of the numbers of any unique, rare or endangered species of plants? c. Introduction of new species of plants into an area, or in a barrier to the normal replenish- ment of existing species? d. Reduction in acreage of any agricultural crop? 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or num- bers of any species of animals (birds, land animals including reptiles, fish and shell- fish, benthic organisms or insects)? _ b. Reduction of the numbers of any unique, rare or endangered species of animals? c. Introduction of new species of animals into an area, or result in a barrier to the migra- tion or movement of animals? d. Deterioration to existing fish or wildlife habitat? _ 6. Noise. Will the proposal result in: a. Increases in existing noise levels? b. Exposure of people to severe noise levels? _ ?. Light and Glare. Will the proposal produce new light or glare? - 8. Land Use. Will the proposal result in a sub- stantial alteration of the present or planned land use of an area? 9. Natural Resources._ Will the proposal result in: a. Increase in the rate of use of any natural resources? 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not Limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? S f b. Possible interference with an emergency response plan, or an emergency evacuation plan? _ 11. Population. Will the proposal. alter the location, distribution, density, or growth rate of the human population of an area? n 12. Housing. Will the proposal affect existing hous- ing, or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? _ b. Effects on existing parking, facilities, or demand for new parking? c. Substantial impact upon existing transpor- tation systems? d. Alterations to present patterns of circula- tion or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? � f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? _ }� 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered gov- ernmental services in any of the following areas: a. Fire protection? �. b. Police protection? X c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? x f. Other governmental services? 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? S I b. Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public vievP X- 19. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing X recreational opportunities? 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? _ c. Does the proposal have the potential to cause a physical change which would affect C/ unique ethnic cultural valuesT 7� d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 21. Mandatory Findings of. Significance. a. Does the project have the potential to degrade the quality of the environment, substantially .reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, re- duce the number or restrict the range of a rare or endangered plant or animal or eliminate S important examples of the major periods of California history or prehistory? b. Does the project have the ,potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long-term impacts will endure well into the future.) c. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental ef._ects which will cause substantial adverse effects on human beings, either directly or indirectly'? III. Discussion of Environmental Evaluation See Attachment. IV. Determination On the basis of this initial evaluation: I find that the proposed project CXUU) NOT have a significant effect on the environment, and a NEGATIVE DECxAARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to tke project. A NEGATIVE DEMAF3ATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONI&NTAL. UIPACT REPORT is required. Date Signa.ture Reviewed By: PART III - DIsaissION OF ENVIF40NMEUM EVAIUATICN l.a. Approximately 5 feet of engineered fill is required to bring site to road grade, removal of some existing fill on site and replacement at site will not be significant as .to scope or impact. Soils report (Alan Knapp & Associates, 488-1, 12582, 27 Sept. 83) does not indicate unstable earth conditions. b. See above, insignificant. C. See above, insignificant. d. The existing world globe at the site and surrounding water consuming fountains, ponds (currently not in use) may be removed to eliminate an attractive misance arra reducoe at the site. e. No effect. f. Does not apply g. Construction of improvements will be to current earthquake resistant standards. 2.a. Proposed fire station is low impact use. b. See above. C. see above. 3.a. Project will not have any impact on existing creek flow as there will be no physical interference. - b. Minimal impact, since currently vacant land. The building and parking will provide impervious surfaces not currently in place. c. No effect. d. Insignificant, see 3b. e. See 3b. f. Insignificant, see 3b above. g. No effect. h. If fountains and ponds are removed frau site there will be a water savings that may or may not offset the fire station use of water, minimal impact in any event as ponds arra fountains not being main- tained now. i. No effect. 4.a. Sane native grasses, eucalyptus tm:!s and other miscellaneous shrubs will be removed during site preparation, less so than probably with a P.U.D. development of site for ccomercial use. b. No effect. C. Site development will bar reintroduc:tion of existing species in said area, non built areas will be landscaped to area standards. d. Minimal loss of habitat due to development and small area of site. 5.a. Insignificant due to small area of development. b. No impact. C. No impact. d. Insignificant, very small area of impact, only 2.2± acres, part of which has a globe arra surrounding landscaping in place at present. 6.a. Fire station is a law density occupancy use, insignificant impact- some mpactsane obviously as site is vacant, normal construction mise during construction of improvements. b. None anticipated, fire engine sirens may be tested occasionally for very brief intervals. 7. Since a fire station is a 24 hour operation sane exterior night lights to be effected, nothing of any significance, no light Erten site now as vacant. 8. No - property is presently zoned for planned unit development, foray suggested uses have included savings and loan institution, congregate care develapnent. 9. Less than alternative uses to which the property is capable of being developed for, more than as vacant site. Elimination of the foun- tains and ponds will save water. 10.a. Presently a 1,000 gallon underground fuel storage tank is planned, construction of same to current standards for such installation. b. No, in an emergency evacuation or response it is anticipated that fire services will be involved in such activities in a support role. 11. Insignificant, score peoples ccamfort, index may be increased by the presence of the proposed facility. 12. See 11 above. 13.a. Insignificant, fire stations generate very little traffic by their very nature in use. b. No effect, vacant site now, adequate cep-site parking will be provided for in site development. c. No, this is a low inpact use relative to transportation systems. d. Mien called out, the first district vehicles will have the riot of way in responding to emergencies, otherwise no inpact. e. No impact, does not apply. f. Insignificant, other than inpact of emergency responses that will give their services priority over other no traffic. 14.a. Significant impact on some areas by virtue of the nature of the project. A positive impact in that fire protection and emergency services will be closes to the surrounding area. b. None anticipated. c. None anticipated. d. None anticipated. e. Normal maintenance of fire station site, landscaping and parking area. f. None. 15.a. Probably less than if site were subject to legal alternative develop- ments to which site is capable of being developed, i.e., bank, congregate care facility, etc. b. Property is currently vacant, increase in energy use will be in- curred, not considered a significant impact. 16. All utilities are either in the street or on the property and will have to be hooked-up to the new facilities. 17.a. No, proposed use should decrease the threat to life, limb and property damage in the surrounding area due to conflagration. b. None anticipated. 18. Property is currently partially vacant, partially improved with world globe and surrounding landscaping which is deteriorating. Prcposed use should not be considered by the majority of people to be aesthetically offensive. 19. No; none exist there now. 20.a. No As to answers a-d, no iupact known to exist, discovery of an adverse impact would result in working with respomible parties to mitigate any detrimental o utcom. b. No c. No d. No 21.a. None foreseen, site was previously proposed for a bank and con- gregate care facility, both uses were never for reasons othex than covered in this study. b. Mm long tern inpact and short term ipact should be one and the same, except long term the positive value of fire fighting services having a short response time to Rcssmoor and the surrourding com- munity will have a beneficial long term effect. c. Cumulative impacts are expected to be insignificant as iupzted on the basis of the response to items 1-20 lhereinabove. d. Now foreseen, just the opposite, fire fighting and related services are generally considered as having a positive benefit to society. RF:rs ros .t7 AN a 6� olA 0 CJ•*A•4u X402 9 0 fJ ro8, &fig TjCk- PRESBYTERY OF S.F. . < �'� ?�� "•'�Fr - � LVA. .. �''`�.,� srs-+w � `,a� �{�P,� ``- .,�i 1 w•sri ,,,,jr:r ter+ .�.rr "� .e� Acceas c 4 • I'�� M q * ��' Are •.✓ hs�IK) �;sl'I>•I'I"W tilt M f j sif Ac- 44' !`.�0 Ar 30 �OCo- ` � .3�� �+rs,sA Q7 N s•�sir f� o8"3p-ar Z o � .� f yJ {i ��: 7 � ®rr�.~' Nps• ra et! r if 30 ,b �•v ' ���•f '�4"rr w tic• sR 14 pt .• PAGE 05 is . � a O� w s. � T Pet f a T'CF yA CCEy ROAD J F. H. o0 . _ I,94c P56L, F9 , r r r of STATION 3 4 i iq r. i JERRY P.LOVING.ARCHITECT t ASSOC1ATIS INC. rup ���a♦Owira u�t«s eT .� DANA It OWVOtM.Q ARC."IacT ' "O "$Mw.GO.Yt It O"� ww.cMh N MM. CONTRA COSTA COUNTY CEQA ENVIRONMENTAL CHECKLIST FORM I. Background 1. Name of Proponent: Contra Costa County Public Works Department 2. Address and Phone Number of Proponent: 255 Glacier Drive Martinez, CA 94553-4897 (510) 313-2000 3. Date of Checklist Submitted:. 10-6-94 4. Name of Proposal, if applicable: Rossmoor Fire Station if. Environmental Impacts (Explanations of all significant, (S), answers are required on attached sheets.) *S ''kl 1. Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? _ X b. Disruptions, displacements, compaction or overcovering of the soil? X C. Change in topography or ground surface relief features? _ X d. The destruction, covering or modification of any unique geologic or physical features? _ X e. Any increase in wind or water erosion of soils, either on or off the site? X f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? _ X g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? _ X Based on a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of substantial importance has become available. 2 *S *I 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? _ X b. The creation of objectionable odors? _ X C. Alternation of air movement, moisture, or temperature, or any change in climate, either locally or regionally? X Based on a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of substantial importance has become available. 3. Water. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? _ X C. Alterations to the course or flow of flood waters? X d. Change in the amount of surface water in any water body? — X e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? X f. Alteration of the direction or rate of flow of ground waters? _ X g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X h. Substantial reduction in the amount of water otherwise available for public water supplies? _ X i. Exposure of people or property to water related hazards such as flooding or tidal waves? _ X Based on a review of the previous Initial Study and Negative Declaration, a field visit, *Please Note:"8" is for significant; "I" is for insignificant. 3 *S and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of substantial importance has become available. 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? _ X b. Reduction of the numbers of any unique, rare or endangered species of plants? _ X C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? _ X d. Reduction in acreage of any agricultural crop? _ X Based on a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of substantial importance has become available. 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or.insects)? _ X b. Reduction of the numbers of any unique, rare or endangered species of animals? _ X C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? — X d. Deterioration to existing fish or wildlife habitat? _ X Based on a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of substantial importance has become available. 6. Noise. Will the proposal result in: *Please Note:118" is for significant; "I" is for insignificant. 4 *S a. Increases in existing noise levels? _ X b. Exposure of people to severe noise levels? _ X Based on a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of substantial importance has become available. 7. Light and Glare. Will the proposal produce new light or glare? _ X Based on.a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information. of substantial importance has become available. 8. Land Use. a. Will the proposal result in a substantial alteration of the present or planned land use of an area? _ X b. Will the proposal be consistent with existing zoning, plans, and other applicable land use controls? _ X Based on a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of substantial importance has.become available. 9. Natural Resources. Will the proposal result in: a: Increase in the rate of use of any natural resources? _ X Based on a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of substantial importance hasbecome available. 10. Risk of Upset. Will the proposal involve: *Please- Note:'0B" is for significant; "I" is for insignificant. 5 *S *I a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? X b. Possible interference with an emergency response plan or an emergency evacuation plan? _ X Based on a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of substantial importance has become available. 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? _ X Based on a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of substantial importance has become available. 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? _ X Based on a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of substantial importance has become available. 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? _ X b. Effects on existing parking facilities, or demand for new parking? _ X C. Substantial impact upon existing transportation systems? _ X d. Alterations to present patterns of circulation or movement of people and/or goods? _ X e. Alterations to waterborne, rail or air traffic? _ X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? _ X *Please Note:"8" is for significant; "I" is for insignificant. 6 *s *I Based on a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of substantial importance has become available. 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? _ X b. Police protection? _ X C. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public facilities, including roads? X f. Other governmental services? _ X Based on a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of substantial importance has become available. 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ X b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? _ X Based on a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of substantial importance has become available. 16. Utilities/Service Systems. Will the proposal result in a need for new systems, or substantial alterations to the following utilities? *Please Note:"s" is for significant; "I" is for insignificant. 7 *S *I a. Power or natural gas? _ X b. Communications systems? _ X C. Water? X d. Sewer or septic tanks? _ X e. Storm water drainage? _ X f. Solid waste and disposal? _ X Based on a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of substantial importance has become available. 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? X b. Exposure of people to potential health hazards? _ X Based on a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of substantial importance has become available. 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? _ X Based on a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of substantial importance has become available. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? _ X *Please Note:"8" is for significant; "I" is for insignificant. 8 *S *I Based on a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of sub;rtantial importance has become available. 20. Cultural Resources. a. Will the proposal result in the alteration of the destruction of a prehistoric or historic archaeological site? _ X b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? _ X C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? _ X d. Will the proposal restrict existing religious or sacred uses within the potential impact area? _ X Based on a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of substantial importance has become available. 21. Mandatory Findings of Significance. a., Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? _ X b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) _ X C. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively *Please Note:•'B" is for significant; "I" is for insignificant. x 9 *S *I small, but where the effect of the total of those impacts on the environment is significant.) _ X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? _ X Based on a review of the previous Initial Study and Negative Declaration, a field visit, and project description, no new subsequent changes are proposed; no substantial changes with respect to the circumstances under which the project is to be undertaken have occurred; and, no new information of substantial importance has become available. III. Discussion of Environmental Evaluation. (see attachment) IV. Determination On the basis of this Checklist, no additional CEQA document need be prepared pursuant to CEQA Guidelines_Sections 15162-15164 & 15168 (c)(2). Date ignature Reviewed By: :jef c:rossmoor.chk (form rev.1/94) *Please Note:"B" is for significant; "I" is for insignificant. PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the Concord Transcript, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 19, 1988. Case Number C8803788. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ................................................................................ 1.V-...1.4.,...1`1. .. 4........................................ all in the year of 19.. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. FILED On this Xday of ./l/a ...... 199. NN 3 0 1994 % ......... Signature Lesher Communications, Inc. CLERKBOARDOFSUPERVISORS Concord Transcript CONTRA COSTA CO. 2045 Mt. Diablo St. Concord, CA 94520 (510) 682-6440 Proof of Publication of: (attached is a copy of the legal advertisement that pub- lished) NOTICE OF INTENTION TO PURCHASE REAL PROPERTY The Board of Supervisors of Contra Costa County,as the Board of Directors of the Contra Costa County Fire Protection District, declares its intention to purchase from the City of Walnut Creek,at a price not to exceed $303,091.00,approximately.75 acres of vacant land located oofifi Rossmoor Parkway at the south- erly terminus of Assessor's Parcel No. 189-130-008, Walnut PHIL BATCHELOR,Clerk Creek,California and more partic- of the Board of Supervisors ularly described in Resolution No. and County Administrator 94/534 of the Board and will By/s/Barbara Sidari meet at 9:00 a.m.on December Deputy Clerk 6,1994,in its Chambers,County Legal TR 3526 Administration Building,651 Pine Publish November 10, 17, 24, Street,Martinez,California,to ap- 1994 Drove the purchase. MM CD CD z C: ' 0 CD - -0 = 0 w 0 Z f-)C-) Cf) M Z C/) c 0 C-) C 79 ui ON 0 -qz Kt C) Oz W C z C') Iop =3 CD 000 N Oh) 0 M CD m l(n CD i 1 rr > M 0 cf)C t ' M ra CD 13L) CD- Mm CD MO@ lz O � "� -nM C/3 0c) (D� jWo -0 io 0) CD > m CM C) 12 az 07 A 0 rt 'M' M > < '0 iq:l C: CD I ^i C7 t i 20 § r-: (D > ;;0> MM Z 0 0 0< F4 ZF XD 03 Mrn M cc) > > 0 1-3 M G) 1.1-10 M -< va M Q) �b M 0 ?, u,rrat "0 C-) C-)c 1 (D & 0 C.) z w �4 ):5 am > LI) Cq�! CE -n :0 0 0 z M < c SD m C: —0- 0 0;;0 C') cn!� F-4 z c I 1 z < Cl) m M z z C/) C: 0 -v M v CC? z m 0 Kj 0 M z > < t!) c vip ti C) En Cl) 4-- A) Q� (D 1 0 N% 0:u rnn # j z z :[ >L/) G)M M K cC:u 0- M�u r z C:0z Cl) M cu U) 0-u 0 M 0 M C) 0 0 C: >-, M M z _0 0 0 -D M M :3 CM,:C) C: H --q - 4 33 T, fv, Lj) 0 M z 0 M M (D r- TO z z CO (j I M M 0 0 z 0 11 t C0 (D 0 -u M: T M u 0 > -j rr 0 0-4 > 0 -1 c �-n M 19 il, -1 9 0 M M < R M M fD 0 X M 0 f � C% to LJ) N 0 00 CO z M M f c> > M p0 < M > z 00>M I c:LD M 0 CO 0 rQ 0co M Z z M CO c M M cc) C) i WRITE 1T! - DON'T SAY .IT! M 103 ©_ �_ 4 r, CONTRA'COSTA COUNTY TO �% 1 -•j _DATE 11"/4) --9y FROM / ���;7� SUBJECTJa-6'-Q�fd�d/LG�R4 9 con U7"I acl a. .�► . U _ SIGNE PLEASE REPLY HERE TO DATE SIGNED INSTRUCTIONS - FILL IN TOP PORTION, REMOVE DUPLICATE (YELLOW) AND FORWARD REMAINING PARTS.TO REPLY,FILL IN LOWER PORTION, RETAIN TRIPLICATE(PINK)AND RETURN ORIGINAL. FORM M103 FAX MEMORANDUM CLERK OF THE BOARD OF SUPERVISORS , CONTRA COSTA COUNTY ;i 651 pine Street, Room 106 Martinez, California 94553 Phone (415) 646-2371; FAX 646-1059 DATE: FROM: TOTAL PAGES INCLUDING THIS COVER 3 comments: A p 'Ie PLEASE ADVISE IF FOR ANY REASON YOU DO NOT RECEIVE THIS ITEM COMPLETE 1 M CD CD cD Do 3 m0 � OH — 2cn M CD VO 3 Z r (J ch 1 O z0 0 M rt ( r I 000 Z N I O O rrn g m (a N (D CD 3 o j i O =CD W � C (�D N (� C 3 I mp O � �* co 0 =ri =3i -n m (A w o P, CO L � b tl 0c) O o D _ A� p t17 O = z o a 3 l7 KD M �' n m t" m o cnO z CL _ F 3 ro K ]-A (D Pd t-1 m 70 m C z x V'=cn p c O N N (D H n r N• to rn N m 1 two tS [ K DZ N �N� M cc a C� 3 ' ry N I-�I H m 0 �.m m n W Z- 0 w o s NO ( o U)m mp C2 m z � � x I (DCA �c-r F70 I Z cmi n c�c C'a W�v � a # N• (D „- o� M0vzm < wCC) SD ° , 1 G ft (D H n-I m� D: N v _, m a� o T is ; � O . �o Z� CC2 c c F- F- Z rt Z C a � FJ- D hh (D Cl) m z � m o � m rt z H air r p,v`' Np' C O o0 0 0 70 rt o m n o M I Q rt pa O r a d m F� z WF- 0 -i O C) N C 3 f o c �ro Cl) p (D i 6 (D : rt O �m =0 z Z 4J � D� D M_ �c I " � - X G)m Dw �o 0o m� r " 1 n zz m v " } 1 C: C :0 C/) 0-0C D m m O D #tj m v� mn m p H -Zi i # p m�0 MoD 9 m n :0m ( D c m CJ (D Or z ' K n YO z n Z CD m = m z O N 0 p O z . £D h" p D-0 V ,31 x m O m O G y N (D O N N• m m 1 m I td Ft i-+ I- v x m I O N O rt jN brJ W 01 )I �N ((D r�r o p w o,� Cfl v I-j € o opo �i O z W W m m m o MO WO I r-A W CO --im N i " j lSJ m C m �° L NOTICE OF INTENTION TO PURCHASE REAL PROPERTY The Board of Supervisors of Contra Costa County, as the Board of Directors of the Contra Costa County Fire Protection District, declares its intention to purchase from the City of Walnut Creek, at a price not to exceed $303,091.00, approximately .75 acres of vacant land located on Rossmoor Parkway at the southerly terminus of Assessors Parcel No. 189-1304008, Walnut Creek, California and more particularly described in Resolution No. 94/534 of the Board and will meet at 9:00 a.m. on December 6, 1994, in its Chambers, County Administration Building, 651 Pine Street, Martinez, California, to approve the purchase. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By i.s�zrn e� J;L,; ���� Deputy Clerk