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HomeMy WebLinkAboutMINUTES - 02111997 - C67-C80 G6.4 7 TO: BOARD OF SUPERVISORS _ ontra FROM: Barton J. Gilbert, Director of General Services ->. osta ounty DATE: February 11, 1997 SUBJECT: LEASE RENEWAL - 3981 WALNUT BOULEVARD, BRENTWOO SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION / I. RECOMMENDED ACTION APPROVE a Lease renewal, commencing February 1, 1997, with Patricia A. Casey, Carl B. Casey, Bearl Casey, and Willo D. Casey for the premises at 3981 Walnut Boulevard, Brentwood, for use by the East Diablo Fire Protection District, under the terms and conditions more particularly set forth in said Lease, and AUTHORIZE the Director of General Services to EXECUTE said Lease on behalf of the District. DETERMINE that the above project is a Class 1 Categorical Exemption under the California Environmental Quality Act. IL FINANCIAL IMPACT Payments required are to come from the budget of the East Diablo Fire Protection District. The term is eighteen months with no cancellation provision. III. REASONS FOR RECOMMENDATIONSIBACKGROUND Provide office space as required by the East Diablo Fire Protection District. CONTINUED ON ATTACHMENT:`YES SIGNATURE: &&,"& —RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE `APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON — APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS Y UNANIMOUS 1ABSENT I AYES: NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN MEDIA CONTACT: BARTON J.GILBERT(313-7100) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. c? CC: County Administrator(via LIM) ATTESTED. ..e..Q.�-�•��-�L-(� q/ 7 County Auditor-Controller(via UM) County Counsel(via LJNI) PHIL BATCHELOR, RK O THE BOARD OF Risk Management(via UM) SUPERVISORS AND COUNTY ADMINISTRATOR East Diablo Fire Protection District(via LIM) Lessor(via LIM) y(, Ong.:General Services Department-UM BYlu fig �.�r r .�a.,.. DEPUTY CGB:dp 3961WIM.BO M382 (10/86) c.�q LEASE TABLE OF CONTENTS 3981 Walnut Boulevard Brentwood, California EAST DIABLO FIRE PROTECTION DISTRICT SECTION A: BASIC TERMS AND CONDITIONS PAGE A.1. PARTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A.2. LEASE OF PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A.3. TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A.4. RENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A.5. UTILITIES AND JANITORIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A.6. MAINTENANCE AND REPAIRS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 A.7. NOTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 A.S. EXHIBITS AND ATTACHMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 A.9. WRITTEN AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 A.10. TIME IS OF THE ESSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 A.11. SIGNATURE BLOCK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SECTION B: STANDARD PROVISIONS B.1. HOLDING OVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B.2. USE OF PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B.3. HOLD HARMLESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B.4. ALTERATIONS FIXTURES AND SIGNS . . . . . . . . . . . . . . . . . . . . . 4 B.5. DESTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 B.6. QUIET ENJOYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 B.7. DEFAULTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 B.8. SURRENDER OF PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 B.9. SUCCESSORS AND ASSIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 B.10. SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 B.11. INSPECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 SECTION C: SPECIAL PROVISIONS C.1. ASSIGNMENT OR SUBLEASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 C.2. PROPERTY TAXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 C.3. TERMINATION OF PRESENT LEASE . . . . . . . . . . . . . . . . . . . . . . . . 7 EXHIBITS EXHIBIT A: LEGAL DESCRIPTION CO LEASE FOR EAST DIABLO FIRE PROTECTION DISTRICT 3981 WALNUT BOULEVARD BRENTWOOD, CALIFORNIA SECTION A: BASIC TERMS AND CONDITIONS A.l. PARTIES: Effective on FEB 1 1 1997 , PATRICIA A. CASEY, CARL B. CASEY, BEARL CASEY AND WILLO D. CASEY, hereinafter called "LESSOR", and the EAST DIABLO FIRE PROTECTION DISTRICT, a political subdivision of the State of California, hereinafter called 'DISTRICT", mutually agree and promise as follows: A.2. LEASE OF PREMISES: LESSOR, for and in consideration of the rents, hereby leases to DISTRICT, and DISTRICT leases from LESSOR those certain premises consisting of an approximately 1,800 square foot wood frame and metal commercial building, together with the .21 acre paved lot commonly known as 3981 Walnut Boulevard, Brentwood, California, more particularly described as Exhibit "A" attached hereto and made a part hereof. A.3. TERM: The term of the Lease shall be one year and six months, commencing February 1, 1997 and ending July 31, 1998. A.4. RENT: DISTRICT shall pay to LESSOR as rent for the use of the premises a monthly rental of NINE HUNDRED FIFTY AND NO/100 DOLLARS ($950.00), payable in advance on the tenth day of each month during the term of this Lease. Payments shall be mailed to: Casey and Casey, 721 Oak Street, Brentwood, CA 94513. A.5. UTILITIES: DISTRICT shall pay for all gas, electric, water, sewer, and refuse collection services provided to the demised premises. - I - A.6. MAINTENANCE AND REPAIRS: a. LESSOR shall keep the roof and exterior of the building in good order, condition, and repair and shall maintain the structural integrity of the building, including the exterior doors and their fixtures, closers and hinges. b_ DISTRICT shall keep and maintain the interior of the premises in good order, condition, and repair, but LESSOR shall repair damage to the interior caused by failure to maintain the exterior in good repair, including damage to the interior caused by roof leaks and/or interior and exterior wall leaks. C. LESSOR shall repair and maintain the electrical, lighting, ventilating, water, and exterior plumbing systems in good order, condition, and repair. d. DISTRICT shall maintain the parking lot and exterior lighting system in good order, condition, and repair, replace lamps, and clear plumbing stoppages within the building perimeter. e. DISTRICT shall not suffer any waste on or to the demised premises. f. LESSOR shall be responsible for the correction of any code violations which may exist in the premises, provided LESSOR shall not be liable for correction of code violations which arise out of and are directly related to a change in DISTRICT's occupancy or use of said premises. A.7. TI 'E : All notices given hereunder shall be in writing and shall be deemed to have been given if personally delivered or deposited in the United States mail postage prepaid, certified or registered, return receipt requested, and addressed to the other party as follows or as otherwise designated by written notice hereunder from time to time: To LESSOR: Casey and Casey 721 Oak Street Brentwood, CA 94513 To DISTRICT: Contra Costa County General Services Department Lease Management Division 1224 Morello Avenue, Suite 104 Martinez, CA 94553-4711 - 2 - A.8. EXHIBITS AND ATTACHMENTS: Section B, Standard Provisions, Section C, Special Provisions, and Exhibit A - Legal Description are attached to this Lease and are made a part hereof. A.9. WRITTEN AGREEMENT: Neither party has relied on any promise or representation not contained in this Lease. All previous conversations, negotiations, and understandings are of no further force or effect. This Lease may be modified only by a writing signed by both parties. The headings of the paragraphs are for convenience only and shall not be considered in construing the intent of this Lease. A.10. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Lease. A.11. SIGNATURE BLOCK DISTRICT LESSOR COUNTY OF CONTRA COSTA, a political subdivision of the State of By — &4j-" California $ Bearl Casey n By n n " �" Director of General Services By C�s� /lX - —O' ' Willo D. Casey RECOMMENDED FOR APPROVAL: 1 / �By Patricia A. Casey By. l/ Deputy County Administrator Carl B. Casey By. Deputy G eral rvices Director By O Lease anager APPROVED AS TO FORM: VICTOR J. WESTMAN, County Counsel 3981 wIiu.Lse Ccn 3 - LEASE FOR EAST DIABLO FIRE PROTECTION DISTRICT 3981 WALNUT BOULEVARD BRENTWOOD, CALIFORNIA SECTION B: STANDARD PROVISIONS B.I. HOLDING OVER: Any holding over after the term of this Lease as provided hereinabove shall be construed to be a tenancy from month to month, subject to the terms of this Lease so far as applicable. B.2. USE OF PREMISES: The premises shall be used during the tern for purposes of conducting various commercial, DISTRICT or other governmental functions. B.3. HOLD HARMLESS: DISTRICT agrees to indemnify and hold harmless the LESSOR from the DISTRICT's share of any and all claims, costs and liability, including attorney's fees, for any damage, injury or death of or to any person or the property of any person, arising out of negligent acts, errors or omission of the DISTRICT, its officers or employees. DISTRICT shall not be liable in the case of any structural, mechanical or other failure of equipment of building owned and maintained by the LESSOR or for liability which is attributable, in whole or in part, to the negligence or willful misconduct of LESSOR, which results in damage to any person or property. LESSOR agrees to indemnify and hold harmless the DISTRICT from the LESSOR's share of any and all claims, costs and liability, including attorneys fees, for any damages, injury or death of any person or the property of any person, arising out of negligent acts, errors or omissions of the LESSOR, its agents or employees. BA. ALTERATIONS, FIXTURES,AND SIGNS: DISTRICT may make any lawfiil and proper minor alterations, attach fixtures and signs in or upon the premises, which shall remain DISTRICT property and may be removed therefrom by DISTRICT prior to the termination of this Lease. Any such alterations, signs or fixtures shall be at DISTRICT's - 4 - sole cost and expense and all signs shall meet with existing code requirements and LESSOR's approval. B.5. DESTRUCTION: a. In the event of damage causing a partial destruction of the premises during the ten" of this Lease from any cause, and repairs can be made within sixty (60) days from the date of the damage under the applicable laws and regulations of governmental authorities, LESSOR shall repair said damage promptly and within a reasonable time, but such partial destruction shall not void this Lease, except that DISTRICT shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the portion of the premises unusable by DISTRICT bears to the total area of the premises. b. If such repairs cannot be made in sixty (60) days, LESSOR may, at his option, make the same within a reasonable time, the rent to be proportionately reduced as provided in the previous subparagraph. In the event LESSOR does not so elect to make such repairs (which cannot be made in sixty <60> days), or such repairs cannot be made under such laws and regulations, this Lease may be terminated at the option of either party. c. A total destruction of the premises shall terminate this Lease. B.6. QUIET ENJOYMENT: LESSOR covenants that DISTRICT shall at all times during the said term peaceably and quietly have, hold, and enjoy the demised premises without suit, trouble or hindrance from or on account of LESSOR as long as DISTRICT fully performs hereunder. B.7. DEFAULTS: In the event of DISTRICT's material breach of any of the covenants or conditions herein, LESSOR may re-enter and re-possess the premises and remove all persons and property therefrom after giving DISTRICT written notice of such default and in accordance with due process of law. In the event of such a breach by LESSOR, DISTRICT may terminate the Lease and quit the premises without further cost or obligation or may proceed to repair the building or correct the problem resulting from the breach and - 5 - e �7 deduct the cost thereof from rental payments due to LESSOR, provided that DISTRICT has given LESSOR written notice of said breach and provided that LESSOR has not made a substantial effort to correct said breach. B.8. SURRENDER OF PREMISES: On the last day of the said term, or sooner termination of this Lease, DISTRICT will peaceably and quietly leave and surrender to LESSOR these premises with their appurtenances and fixtures (except signs and fixtures referred to hereinabove) in good order, condition, and repair, reasonable use and wear thereof and damage by earthquake, fire, public calamity, by the elements, by Act of God, or by circumstances over which DISTRICT has no control excepted. DISTRICT shall not be liable for painting the interior of the demised premises upon termination of this Lease. B,9, SUCCESSORS AND ASSIGNS: The terns and provisions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties hereto. B.10. SEVERABILITY: In the event that any provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such provision does not materially prejudice either the DISTRICT or LESSOR in its respective rights and obligations contained in the valid provisions of this Lease. B.11. INSPECTION: The LESSOR reserves the right to enter the premises by prior appointment only between the hours of 9:00 a.m, and 4:30 p.m., Monday through Friday, holidays excepted, and to employ the proper representative or contractor in order to see that the property is being reasonably cared for, that no waste is being made, and that all things are done in the manner best calculated for the preservation of the property, and in full compliance with the terms and conditions of this Lease. - 6 - LEASE FOR EAST DIABLO FIRE PROTECTION DISTRICT 3981 WALNUT BOULEVARD BRENTWOOD, CALIFORNIA SECTION C: SPECIAL PROVISIONS C.I. ASSIGNMENT OR SUBLEASE: DISTRICT shall have the right to assign this Lease or sublease the premises or any part thereof at any time during the term of this Lease. C.2. PROPERTY TAXES: DISTRICT shall pay to LESSOR within thirty (30) days after being requested to do so by LESSOR, as additional rental, a sum equal to one hundred percent (100%) of the increase, if any, in the City and/or County taxes levied against Assessor's Parcel 012-090-002, in any year during the term of this Lease which exceed ELEVEN HUNDRED THIRTY ONE AND 121100 DOLLARS (9;1,132.12) which are the taxes for fiscal year 1993-94, except DISTRICT shall not pay any increase resulting from a change in ownership of the property. If said taxes decrease, DISTRICT may deduct one hundred percent (100%) of the decrease from the rental due LESSOR. It is understood that during the last year of occupancy, said taxes shall be prorated between LESSOR and DISTRICT according to the number of full months the DISTRICT shalt have possession of the demised premises. C.3. TERMINATION OF PRESENT LEASE: It is understood and agreed that DISTRICT now leases the premises under the terns of a Lease dated July 12, 1994. Upon commencement of this Lease, said Lease shall terminate. - 7 - EXHIBIT "A' Portion of Lot 116, map of Subdivision Number Three of Brentwood Irrigated Farms, filed September 11, 1917, Map Book 16, page 324, Contra Costa County records, described as follows: Beginning on the south line of Road No. 8, as designated on said map, which road is also known as Dainty Avenue, at the east line of the parcel of land described in the deed to Francis J. Medina, et ux, recorded May 11, 1953, Book 2121 , Official Records, page 202 ; thence from said point of beginning, North 890 58' east, along the south line of said road, 32.25 feet to the west line of Road No. 8, as designated on said map and which road is also known as Walnut Boulevard ; thence South 350 37' East, along said west line, 134.07 feet to the north line of the parcel of land described in the deed to Arthur C. Christensen, et ux, recorded May 15, 1957, Book 2982, Official Records, page 89; thence along said north line, South 770 21 ' West, 102. 94 feet and South 870 25 ' West, 9.39 feet to the east line of said Medina parcel extended southerly; thence North 00 08' East, along said extended line and along said east line, 132.50 feet, more or less, to the point of beginning. EXCEPTING THEREFROM: The mineral rights reserved in the deed from Ben Peterson, et ux, recorded January 12, 1970, Book 6042, Official Records, page 181 , lying below a depth of 500 feet from the surface thereof with no right of surface entry. C lob Contra TO: BOARD OF SUPERVISORS %' CoJla �,. CVs FROM: Harvey E. Bragdon County Director of Community Development �J DATE: February 11 , 1997 SUBJECT: Allocation of HOME Funds and Execution of Required Project Agreement and Loan Documents for the Church Lane Project SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ( 1) APPROVE the allocation of $50, 000 in FY 1996/97 HOME Investment Partnership Act (HOME) funds to Rubicon/Church Lane Partners, Inc . , for the Church Lane Project to provide affordable rental housing for very-low income households in West County; and (2 ) AUTHORIZE the Deputy Director, Redevelopment, or his designee to execute a Project Agreement and related loan documents for this purpose. FISCAL IMPACT No General Funds are involved. Funds for this project will come from the FY 1996/97 HOME Housing Development Assistance Fund. HOME funds are provided to the County through the U. S . Department of Housing and Urban Development (HUD) . CONTINUED ON ATTACHMENT: X YES SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND4TI OF nAARD COMMI EE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON Dot - // - /9q 7 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A ✓ UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Kathleen K. Hamm 335-1257 ATTESTED 7F cc: County Administrator PHIL BATCYiELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS Auditor-Controller (N. Garnett) AND COUNTY ADMINISTRATOR Community Development Church Lane Partners via B , DEPUTY Community Development BACKGROUND/REASONS FOR RECOMMENDATIONS On March 12, 1996, the Board of Supervisors approved the allocation of $568,555 to the FY 1996/97 HOME Housing Development Assistance Fund (HOME/HDAF) for use in funding affordable housing projects as they develop during the program year. Including carryover from prior year allocations , the current balance of the HOME/HDAF is $646, 385 . On January 15, 1997, the Affordable Housing Finance Committee voted unanimously to recommend that the Board of Supervisors approve an allocation of $50,000 in FY 1996/97 HOME/HDAF funds for the Church Lane Project . The purpose of this project is to increase the long- term supply of multifamily rental housing affordable to very-low income households through the new construction of 22 apartments located at 2560 Church Lane in San Pablo. Previously approved County funding for this project includes the following: $245,000 in FY 1994/95 CDBG funds; and $445, 000 in FY 1994/95 HOME funds . The Church Lane Apartments were completed December 30, 1996 and are currently providing affordable housing opportunities to extremely- low and very-low income households, including large families and mentally disabled previously homeless persons . The project will remain affordable to the target populations for 55 years . Unforeseen problems relating primarily to additional engineering studies and construction required by the City of San Pablo to ensure stability of the adjacent creekbank to City standards ultimately caused project costs to increase by approximately $240,000, resulting in a substantial funding gap. Rubicon/Church Lane Partners has attempted to close this gap by contributing its entire development fee to the project ($100,000) and requesting additional funds from the California Equity Fund (CEF - LIHTC investor and limited partner) , the City of San Pablo, and the County. Given the desired level of affordability, the project cannot support additional private debt. The City has refused financial assistance, while CEF has approved an additional equity investment of up to $80, 000 . Approval of the requested FY 1996/97 HOME/HDAF funds will help to ensure the long-run feasibility of this project by eliminating the remaining development deficit. The total cost of this project is $3, 180, 700 . Funding sources include the following: FY 1996/97 HOME/HDAF $ 50,000 FY 1994/95 County CDBG $ 245,000 approved FY 1994/95 Consortium HOME $ 445,000 approved LISC $ 50,000 approved LIHTCs (CEF) $1,690,700 approved Citibank $ 487, 500 approved LIHF $ 112 , 500 approved Rubicon $ 100,000 approved TOTAL $3, 180, 700 All County CDBG and HOME funds are provided to Rubicon/Church Lane Partners in the form of a loan. The County interest is secured through recordation of a Regulatory Agreement and Deed of Trust against the property naming the County as Beneficiary. In addition to the proposed additional funding for the Church Lane Project, the Affordable Housing Finance Committee has recommended the following allocations of FY 1996/97 HOME/HDAF funds : o $199,000 to Ecumenical Association for Housing for the Oakley Main Street Apartments Project to provide affordable housing for very-low income disabled persons; and 0 $342 , 000 to Resources for Community Development for the Riley Court Project to acquire and rehabilitate 48 apartments for very-low income households in Concord. If all three projects are approved by the Board, the FY 1996/97 HOME/HDAF will have a remaining balance of $55, 385 . kh/k14/130SC1 �- Contra TO: BOARD OF SUPERVISORS Colla FROM: Harvey E. Bragdon County Director of Community Development " DATE: February 11, 1997 SUBJECT: Allocation of CDBG Funds and Execution of Required Project Agreement and Deed of Development Rights for the Central County Homeless Shelter SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ( 1 ) APPROVE the allocation of $266, 000 in FY 1996/97 Community Development Block Grant (CDBG) funds to the Housing Authority of the County of Contra Costa for the rehabilitation and conversion of the Central County Homeless Shelter; and (2 ) AUTHORIZE the Deputy Director, Redevelopment or his designee to execute a Project Agreement and Deed of Development Rights for this purpose. FISCAL IMPACT No General Funds are involved. Funds for this project will come from the FY 1996/97 CDBG Housing Development Assistance Fund. CDBG funds are provided to the County through the U. S. Department of Housing and Urban Development (HUD) . CONTINUED ON ATTACHMENT: X YES SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDI OF B RD COMMI EE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON oa -//- /997 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A ✓_ UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES : NOES : ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Kathleen K. Hamm 335-1257 ATTESTED) , cc: County Administrator PHIL BATC ELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS Auditor-Controller (N. Garnett) AND COUNTY ADMINISTRATOR Community Development HACCC via Comm. Developmt. BY , DEPUTY BACKGROUND/REASONS FOR RECOMMENDATIONS On March 12, 1996, the Board of Supervisors approved the allocation of $948, 555 to the FY 1996/97 CDBG Housing Development Assistance Fund (CDBG/HDAF) for use in funding affordable housing projects as they develop during the program year. Including carryover funds from prior years, the current balance of the CDBG/HDAF is $1, 342, 978 . On January 15, 1997, the Affordable Housing Finance Committee (AHFC) voted unanimously to recommend that the Board of Supervisors approve an allocation of $266,000 in FY 1996/97 CDBG/HDAF funds to the Housing Authority of the County of Contra Costa (HACCC) for rehabilitation and conversion of the Central County Homeless Shelter. Previously approved County funding for this project includes the following: $225,500 in FY 1991/92 and $84,500 in FY 1992/93 CDBG funds expended for Shelter acquisition and emergency repairs; and $120, 000 in FY 1995/96 CDBG funds reserved for Shelter rehabilitation and conversion. The Shelter currently provides emergency shelter and related support services for 60 extremely-low income homeless County residents, including seniors and disabled persons . The Shelter initially opened on an emergency basis in 1991 with temporary renovations pending resolution of litigation concerning facility location and environmental issues . These issues have now been resolved, clearing the way for the County to permanently locate the Shelter at its current site. The shelter facility requires substantial rehabilitation in order to complete its conversion to a permanent, cost-effective facility with space appropriate for the provision of emergency shelter and related services . Phase I of the rehabilitation plan includes replacement of the heating and ventilation system, installation of permanent bathroom facilities, and construction and improvement of office, program, and dormitory space. These improvements are needed for increased operational efficiency, health and safety reasons, and the need to provide more habitable and appropriate dormitory and service space. Phase II will be separately funded and will include construction of a commercial kitchen, dining and multipurpose room, classrooms and other improvements . The total cost of Phase I is $446,733. If approved, CDBG funds will be used for rehabilitation and conversion of the shelter facility. A Deed of Development Rights will be recorded against the property in order to ensure use of the facility as a shelter for a minimum of 15 years as required by HUD. Funding sources for Phase I rehabilitation of the Central County Homeless Shelter include the following: FY 1996/97 County CDBG/HDAF $266,000 requested FY 1995/96 County CDBG $120,000 approved FY 1993 County CDBG $ 12,518 approved FY 1995 Concord CDBG $100,000 approved FY 1995 Walnut Creek CDBG $ 20, 000 approved State EHAP $ 20,000 approved County funds $ 5,978 approved TOTAL - Phase I Rehabilitation $544,496 In addition to the proposed Central County Emergency Shelter Project, the Affordable Housing Finance Committee has recommended an allocation of $205, 000 in FY 1996/97 CDBG/HDAF funds to Ecumenical Association for Housing for the Oakley Main Street Apartment Project to provide 24 units of newly constructed affordable housing for very-low income disabled persons . If both projects are approved by the Board, the FY 1996/97 CDBG/HDAF will have a remaining balance of $871, 978. xxixi4/Hosccs WHEN RECORDED, RETURN File: 212-9501/C.1.1 TO CLERK, BOARD OF RE ORDEDT REQUEST OF OWNER SUPERVISORS at o'clock r Contra Costa County Recorder 37 024921 Stephen L. Weir, County Recorder Fee $ Official FEB 13 m BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the Matter of Acceptmv and Giving RESOLUTION OF ACCEPTANCE Notice of Completion of Ktract witl, and NOTICE OF COMPLETION Mori Hatsushi & Associates (C.C. §3086, 3093 97/83 Budget Line Item No. 7496-4760 RESOLUTION N . Authorization No 0929-WH760B The Board of Supervisors RESOLVES THAT: The County of Contra Costa on July 23, 1996, contracted with Mori Hatsushi & Associates for Blackhawk Road Median Landscaping and Lighting for Comity Service Area M23, Blackhawk, Budget Line Item No, 7496-4760, Authorization No. 0929-"760B, with United States Fidelity and Guarantee Company as surety, for work to be performed on the grounds of the County; and The Director of General Services reports that said work has been inspected and comVics with the approved pians and specifications, and recommends its acceptance as compTete as of February 11, 1997;. and recommends the withholding of$3,500.00 pursuant to a ltter dated February 3, 1997. Therefore, said work is accepted as recommended above, and the Clerk shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract; and the Director of General Services is directed to withhold monies otherwise due pursuant to the letter dated February 3, 1997. Time extension to the date of acceptance is granted as the work was delayed due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor. PASSED BY THE BOARD on February 11, 1997, by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT: None Page t of 2 ' d 97 024921 CERTIFICATION and VERIFICATION I certify that the foregoing is a true and correct copy of a resolution and acceptance duly adopted and entered on the minutes of this Board's meeting on the above date. I declare under penalty of perjury that the foregoing is true and correct. Dated: FEB 11 1997 Phil Batchelor, Clerk of the at Martinez, California. Board of Supervisors and County Administrator Bye—._ Originator: General Services Department - Architectural Division cc: General Services Department Architectural Division Accounting File 212-9501/A.5 County Administrator's Office (Via A.D.) Auditor-Controller (Via A.D.) Contractor (Via A.D.) Consulting Architect (Via A.D.) County Recorder 2DOIs12o.WPn GB:Is Page 2 of 2 END OF DOCUMENT t/. 171 TO: BOARD OF SUPERVISORS Contra FROM: Alfred P. Lomeli, Treasurer-Tax Collector :: 4 Costa January 30, 1997 Count s�. GATE: � r"'t^I'iiic' SUBJECT: TREASURER'S INVESTMENT REPORT THROUGH DECEMBER 31, 1986 SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ACCEPT the report from the Treasurer-Tax Collector on County investments as of December 31, 1996. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Government Code section 53646 requires the County Treasurer to prepare quarterly reports to the Board of Supervisors describing County investments including type, cost, par value and market value, Attached please find the report covering the period through December 31, 1996. Section 3, the balance of the report, is an appendix with financial data which is available for reference at the Clerk of the Board's office. CONTINUED ON ATTACHMENT: —YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON EpbruaU 11 , 1997 APPROVED AS RECOMMENDED Y_ OTHER ,. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT _—• j AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT:—ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Clarissa V. Javier- 646-4115 ATTESTED February 11, 1997 Contact: Treasurer PHIL BATCHELOR.CLERK OF THE BOARD OF cc: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller �[�jt/"J BY—C, v le�2/-A ,DEPUTY SUPPLEMENTAL MATERLA.L ADVISEMENT :FARM AGENDA DATE: &111il' mmi NQ: 7l ® ADDITIONAL MATERIALS AVAILABLE IN THE MINUTES ❑ ITEM CONTINUED TO: ❑ ITEM DELETED ❑ PUBLIC COMMENT - NONE ❑ CONSIDERED CONSENT ITEMS PREVIOUSLY REMOVED - SEE SUMMARY FOR CHANGES; OTHERWISE APPROVED AS LISTED ON TETE AGENDA TM SECTION FM PL4NNING T U"S ONLY ❑ ADDITIONAL MATERIAL AVAILABLE IN FILE (NAME): Contra TO: BOARD OF SUPERVISORS Costa FROM: TRANSPORTATION COMMITTEE County DATE: February 3, 1997 SUBJECT: Concerns Expressed by Board of Supervisors Members in Adopting the Central County Regional Transportation Mitigation Program SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Accept report. FISCAL IMPACT None directly. The concerns expressed also relate to the County's compliance with the provisions of Measure C (1988), potentially impacting the County's eligibility for return-to-source funds, which currently amounts to approximately $1 .5 million annually. BACKGROUND/REASONS FOR RECOMMENDATIONS On November 19, 1996 the Board of Supervisors adopted the Central County (TRANSPAC) Regional Transportation Mitigation Program. The Board's action included direction to advise the 1997 Transportation Committee and Board of Supervisors about the following concerns which were raised by Board members during the discussion of this item. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE _APPROVE _ OTHER SIGNATURE(S): Donna G rb r Joe Canciamilla ACTION OF BOARD ON: February 11, 1997 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A g UNANIMOUS (ABSENT) "— TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig Dept: Community Development ATTESTED February 11, 1997 Contact: Ernest Vovakis, 335-1243 PHIL BATCHELOR, CLERK OF cc: THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY (/, �J ��iSJ DEPUTY Board Concerns Regarding Central County Transportation Mitigation Program February 3, 1997 Page 2 - The Board must provide policy direction to its representatives on the regional transportation planning committees and to staff attending the meetings. - It is important that Board members make an effort to attend the regional transportation planning committee meetings. - The Contra Costa Transportation Authority and the regional transportation planning committees should establish a process for addressing land development issues that cross regional boundaries. - TRANSPAC and Transplan should meet to review issues related to the Cowell Ranch project. - Establishment of a July 1 , 1997 deadline for the adoption of regional transportation mitigation programs would impose a hardship on the Lamorinda area. A discussion of each of these concerns follows: 1. Regional Transportation Planning Committees (RTPC's) have been established in four areas to provide a forum for representatives of city councils and the Board to discuss regional transportation issues. At times, these Regional Committees advise the Contra Costa Transportation Authority on transportation issues of countywide significance. The composition of these Regional Committees and the Board's representatives are listed below. Other transportation-related committees on which the Board participates are listed in Attachment A. Regional Participating Board Committees Agencies Representatives West Contra Costa County, EI Cerrito, Gayle B. Transportation Hercules, Pinole, Uilkema Advisory Committee* Richmond, San Pablo Jim Rogers, BART, and AC Transit Alternate Transportation Clayton, Martinez Mark DeSaulnier Partnership and Concord, Pleasant Donna Gerber, Cooperation* Hill, Walnut Creek, Alternate County TRANSPLAN Committee* County, Brentwood, Joe Canciamilla Antioch, Pittsburg Southwest Area County, Danville, Donna Gerber Transportation Lafayette, Moraga, Committee* Orinda, San Ramon Tri Valley Contra Costa County Donna Gerber Transportation Alameda County, Council Danville, Dublin, Livermore, Pleasanton San Ramon (* = established as part of Measure C-1988) The following are some of the more significant issues to be addressed by these Regional Committees this year: a. 1998 State Transportation Improvement Program Update b. Grant applications for State and Federal Transportation Funds; C. 1997 Measure C-1988 Strategic Plan Update d. 1997 Congestion Management Program Update e. MTC's Regional Transportation Plan - Track 2 Investment Strategy; 0,74 Board Concerns Regarding Central County Transportation Mitigation Program February 3, 1997 Page 3 f. Subregional Traffic Fees in the Tri Valley, West County, and Lamorinda areas; g. Carquinez Bridge and Benicia Bridge projects; and h. State and Federal Transportation Legislation (e.g. bridge toll increase and ISTEA reauthorization) Individual Board members and staff can obtain policy direction from the Board by scheduling these items for discussion on the Board agenda. If time permits, the Board's Transportation Committee is available to evaluate an issue in more detail if referred to by the Board. 2. The Contra Costa Transportation Authority recently revised its compliance requirements for the Growth Management Program to require regular attendance of the elected officials appointed to the various Regional Committees. Failure to attend regularly could be a basis to withhold a jurisdiction's annual allocation of Measure C-1988 funds. The County's receives about $1 .5 million annually in Measure C-1988 revenues which is used primarily for road maintenance purposes. On January 7, 1997, the Board appointed its representatives to the various Regional Committees and informed them of the meeting schedules. Please be aware that County staff sends summaries of each meeting to all Board members. 3. Regional Committees currently meet on an ad-hoc basis of a variety of issues, included to address major development proposals. The Transportation Committee will look into existing procedures in more detail and report to the Board of Supervisors as appropriate. 4. Prior to preparing the Final EIR for the Cowell Ranch Project, county staff will inform the Board of the outcome of the joint meeting between the TRANSPLAN Committee and TRANSPAC. 5. Measure C (1988), the Contra Costa Transportation Improvement and Growth Management Program imposed an additional 1/2-cent sales tax for specified transportation improvements. The Measure also established a growth management program so that new development would provide the infrastructure needed to accomodate the growth. One requirement of the growth management program was the establishment of regional transportation mitigation programs by each of the four regional transportation planning committees in the County. To date, programs have been adopted by jurisdictions in East County, Central County, and the San Ramon Valley. The Board of Supervisors has scheduled a public hearing for the West County program in March. Lamorinda jurisdictions began work on their program last month. �?72 Attachment A TRANSPORTATION-RELATED COMMITTEES IN WHICH THE COUNTY PARTICIPATES Boards and Particioating Board Committees Agencies Representative Central Contra Costa Clayton, Concord, Danville, Gayle B. Uilkema Transit Authority (CCCTA) Lafayette, Martinez, Moraga, Bob Schroder, Alternate [also known as "County Orinda, Pleasant Hill, San Ramon Connection"] Walnut Creek, County Contra Costa All cities of Contra Costa Joe Canciamella Transportation Authority and the County Donna Gerber (OCTA) Mark DeSaulnier, Alternate CCTA Administrative Each RTPC and County & Projects Committee CCTA Planning Comm. Each RTPC and County East Contra Costa Antioch, Brentwood, Joe Canciamella Regional Fee & Pittsburg and the County Finance Authority Metropolitan Bay Area Counties and Cities, Mark DeSaulnier Transportation ABAG, BCDC, USHUD, USDOT, Cal. Commission Business, Trans, & Housing Agency Pleasant Hill BART BART, Concord, Contra Costa Centre Mark DeSaulnier, Chair Steering Committee Assn., Pleasant Hill, Walnut Creek, Donna Gerber Walden District Improve. Assn. State Route 4 Antioch, Brentwood, Joe Canciamella Bypass Authority and the County 680/24 Task Force Concord, Pleasant Hill, Walnut Creek and the County Eastern Contra Costa Antioch, Brentwood, Pittsburg Transit Authority and the County (Tri-Delta Transit) West Contra Costa Hercules, Pinole and the Transit Authority County (WestCAT) TO: BOARD OF SUPERVISORS FROM: HARVEY E. BRAGDON DIRECTOR OF COMMUNITY DEVELOPMENT DATE: FEBRUARY 11, 1997 SUBJECT: REFER 1-80/CARQUINEZ BRIDGE PROJECT DRAFT EIS TO THE TRANSPORTATION COMMITTEE FOR REVIEW AND COMMENT SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Refer the Draft Environmental Impact Statement (EIS)/Statutory Exemption for the I- 80/Carquinez Bridge Project to the Transportation Committee to coordinate the County's review and comment on this environmental document. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS The Community Development Department has recently received from Caltrans a copy of the Draft EIS for the 1-80/Carquinez Bridge Project. Caltrans is proposing to retrofit or replace the westbound bridge on Interstate 80 (constructed in 1927) which spans the Carquinez Strait between Crockett and Vallejo. They have prepared an EIS to analyze the potential environmental and socia-economic impacts of several possible replacement bridge alternatives, as well as seismic retrofit and "no-build" alternatives. The EIS comment period extends from January 24, 1997 until March 28, 1997. A public hearing will be held on February 26, 1997, from 5:00 p.m. until 9:00 p.m. at the Carquinez Middle School, 1099 Pomona Street, Crockett, CA. Due to the potential impact on the Crockett community and the surrounding area, it is recommended that the 1-80/Carquinez Bridge Project EIS be referred to the Board's Transportation Committee to coordinate the County's review and comment on this environmental document. r� CONTINUED ON ATTACHMENT: YES SIGNATURE 8y JAG ACTION OF BOARD ON February 11, 1997 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Patrick Roche, CDD-TPD (510/335-1242) ATTESTED February 11, 1997 cc: M. Walford, Public Works Dept. PHIL BATCHELOR, CLERK OF Crocket Improvement Association THE BOARD OF SUPERVISORS L. Hogeboom, WCCTAC AND COUNTY ADMINISTRATOR R. McCleary, CCTA BY I�J4644� , DEPUTY fl3 e . 14 TO 1. BOARD OF SUPERVISORS FROM: Phil Batchelor, County Administrator ('�,1(.'�/losntra By: Rhonda Dunne, Director Costa Office of Revenue Collection DATE: February 11, 1997 COLM SUBJECT: Initiate Legal Actions to Recover and Secure Costs of Services SPECIFIC REQUESTS) OR RECOMMENDATION(S) & BACKGROUND AND J1.1S'I IF ICA[ ION I. RECOMMENDATION: Authorize and direct County Counsel to determine if it is appropriate to initiate Legal action to recover monies owed for outstanding debts and costs of suit and when appropriate to initiate legal detion, as to the following parties: BURGESS, ROBERT & CINDI R. $ 7,888.16 BOMARC, LENA $ 8,214.59 $ 16,102.75 II. FINANCIAL IMPACT: This action will increase Contra Costa County's ability to execute on the judgments obtained pursuant to the Board of Supervisors authorization. III. REASONS FOR RECOMMENDATION: To secure Contra Costa County's interest on debts owed. IV. BACKGROUND: Parties involved have demonstrated an unwillingness to reimburse Contra Costa County for services provided. It is necessary for the County to preserve our interest by filing action against the individuals who are responsible. CONTINUED ON ATTAG MM ENT: --__.. YES SIGNATURE' ___ RECOMMENDATION OF COUNTY ADMINISI-RAIOR ,IEGUMMCMIAIIUN OF UUA1111 .tMMl Ilea" APPROVE --- OTHER SIGNATURE 9 : ACTION OF BOARD ON �, 1i<-- � -- APPROVED AS HECOMMENOfII . O'111ER VOTE OF SUPERVISORS I FIEREBY CERTIFY THAT 1141S is A TRUE UNANIMOUS (ASSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: AND ENTERED ON TI-IE M1NIITES OF 'I'IIE HOARD ABSENT: � ABSTAIN*._-- � M.-T__ OF SUPERV ISCR?S ON TI-IE OAIF St$OWNN, CC:Office of Revenue Collection ATTESTE C J/j / r ry�J Auditor PIM HAICHEI_Of? CI tHK Of IHE HOARD OF GAO SIIPtl?VIS()RS AND CIHIN1'Y AIIMINISIRATOR County Counsel � { HY 'e. /" .DEP,ITY TD BOARD OF SUPERVISORS Contra l ' - FRDM. Finance Committee Costa County .:..I. e DATE. February 11, 1997 "' rr+ cti r� SUBJECT: BOYCOTT OF BRI DGESTONE/FIRESTONE PRODUCTS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. REMOVE the referral on the Boycott of Bridgestone/Firestone Products from the Finance Committee. BACKGROUND: On October 8, 1996 the Board referred to the Finance Committee and General Services Department the task of analyzing the fiscal impacts of a boycott of Bridgestone/Firestone products in support of the United Steelworkers of America. Since the General Services Department indicated that the County does not purchase Bridgestone/Firestone Products, this referral should be removed from the Finance Committee referral list. CONTINUED ON ATTACHMENT: _YES SIGNATURE: —RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE _APPROVE k SIGNATURE(S): Olam] GaB.�U3. 1�emaema ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED February 11, 1997 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF CC: General Services SUPERVISORS AND COUNTY ADMINISTRATOR County Administrator - T. Enea Finance Committee BY � ,DEPUTY E. -E -... Contra C •� 5 TO: BOARD OF SUPERVISORS ` � `� Costa ^i FROM: Supervisor Tom Torlakson " "' `s County cO--- •'CS' DATE: October 8, 1996 SUBJECT: CONSIDER SUPPORT FOR THE EFFORTS OF THE UNITED STEELWORKERS OF AMERICA TO RESOLVE THE LABOR DISPUTE WITH BRIDGESTONE/FIRESTONE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)AND JUSTIFICATION RECOMMENDED ACTION: Consider action by the Board of Supervisors to support the United Steelworkers of America in their efforts to resolve the labor dispute with Bridgestone/Firestone including: (1) the adoption of a resolution and (2) referring the matter to the Finance Committee and General Services for consideration of a boycott of Bridgestone/Firestone products by the county. BACKGROUND INFORMATION: The United Steel Workers of America has been involved in an ongoing labor dispute with Bridgestone/Firestone. The National Labor Board has issued a directive to the company to rehire all of the union members but Firestone has failed to comply. (Please reference the attached correspondence from the United Steelworkers of America.) The Finance Committee should analyze any fiscal impacts of the proposed boycott. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON October 8, 1996 APPROVED AS RECOMMENDED: X OTHER: See Resolution No. 96/542 Attached. VOTE OF SUPERVISORS: X UNANIMOUS(ABSENT ---------- ) _ AYES: NOES: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF ABSENT: ABSTAIN: THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED&tEPUTY r 8, 1996 ELOR,CLERK OF TH OA K OF RS A COUNTY INI RATOR BY cc: Robert LaVenture, United Steelworkers of America Tony Enea,County Administrator's Office Bart Gilbert,General Services Department THE BOARD OR SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on _October 8, 1996 by the following vote: AYES: Supervisors Rogers, Bishop, De$aulnier, Torlakson, Smith NOSE: None ABSENT: None ABSTAIN: None Resolution No. SUBJECT: Bridgestone/Firestone Labor Practises 96/542 Whereas four thousand Union members at Bridgestone/Firestone, Inc. , were devasted in a 1994-95 unfair labor practice strike; and Whereas after the unfair labor practice strike ended, the company retained temporary replacements and refused to let hundreds of union members return to work; and Whereas the National Labor Relations Board has issued a massive complaint against the company seeking reinstatement of the strikers and tens of millions of dollars in backpay for the victims of the company's unfair labor practices which included discharging strikers, refusing to reinstate unfair labor practices strikers, cutting off accident and sickness benefits to sick and injured non-strikers, and refusing to grant full pension credits to unrecalled strikers; and Whereas Bridgestone/Firestone claims to have "permanently replaced" its employees, which has inflicted untold misery on its American workers; and Whereas Bridgestone/Firestone, while insisting that its American workers take wage and benefit cuts, granted wage increases to its Canadian workers at a plant in Quebec; and Whereas it appears that Bridgestone/Firestone has no intention of negotiating an honorable contract with the Union; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors, County of Contra Costa, SUPPORTS the United Steelworkers of America in their efforts to resolve the labor dispute with Bridgestone/Firestone. 1 hereby certify that this Is a trueandcor<ectcM Of taken and Wsotha Board of on On nn A TCMELOR ClerkN�tie ist�nro cc: County Administrator Finance Committee (via CAD) General Services Director 0,75 GEORGE BECKER LEO W. GERARD RICHARD H. DAVIS LEON LYNCH PRESIDENT SECA ETARY-TR EASU R ER VICE-PRESIDENT VICE PRESIDENT IADMINISTRATIONI $HUMAN AFFAIRS) `�mxxi slkrri Uniteb Wteeiworkers of America ?� DISTRICT No. 12 Wi fly '09 $ue-aiSTRICT NO. 3 +I..am4 1820 GALINDO STREET. SUITE 240 ���$•Clr CONCORD. CALIFORNIA 94520 JACK R. GOLDEN (510) 798-7050 DISTRICT DIRECTOR fojw' FAX (510) 798-4945 August 27, 1996 RECEIVED AUG 2 8 1996 I) Tom Torlakson Contra Costa Supervisor, District 5 300 East Leland Road, Suite 100 Pitsburg, California 94565 Dear Supervisor Torlakson: A most dramatic and important challenge faced by the Labor Movement in many years is the dispute with Bridgestone/Firestone. Bridgestone/Firestone, a Japanese owned company, decided to break the traditional pattern of bargaining that had marked civilized negotiations in the Rubber Industry for many years. To force its will on loyal employees, it announced that it was permanently replacing them. It then hired scabs. Thousands of our members at Bridgestone/Firestone still do not have their jobs back, although the strike was called off in May of 1995. The National Labor Relations Board has issued at least two complaints which it alleges the company fired workers illegally. The complaints also allege that the company engaged in a variety of unlawful conduct that prolonged the strike and converted it into an unfair labor practices strike. Some takeaway proposals put forth by the Bridgestone/Firestone negotiators are, as follows: (1) Company proposes to eliminate daily overtime payment and double time payment for work on Sunday. (2) Company proposes to eliminate traditional American holidays like the 4th of July and Memorial Day. (3) Company proposes mandatory 12-hour workdays. (4) Company proposes the elimination of Joint Labor-Management Committees and Employee Assistance Programs. (5) Company proposes major takeaways in health care coverage. Ob Tom Torlakson Contra Costa Supervisor, District 5 August 27, 1998 The above items do not represent a list inclusive of the company's proposed takeaways. There are many more, however, these represent some more major concessions. Bridgestone/Firestone has repeatedly dragged its corporate feet at every attempt by the Union to resolve this matter and declined to respond to Union proposals, maintaining its "take it or leave it" posture. This company's use of strikebreakers is possibly the worst in American Labor since the firing of the Air Traffic Controllers in the early 1980s. Bridgestone/Firestone has clearly demonstrated its blatant disregard for the dignity and security of its American employees. 1 have enclosed a resolution that I am requesting be read before the Contra Costa Board of Supervisors, and further requesting that the governing body take action to refuse purchase of Bridgestone or Firestone tires by the Contra Costa County. We must send out a message loud and clear, "We won't tolerate any foreign-owned company running over American working families and breaking U.S. Labor Laws." I appreciate any cooperation and help you can provide. Sincerely yours, Robert LaVenture Legislative-Education Coordinator RL:js Enclosure cc: Jack R. Golden, Director, USWA, District 12 Rudy Garza, Staff Representative, District 12 11- 74 TO; BOARD OF SUPERVISORS Contra �� _N..,._.....8 FROM: Phil Batchelor, County Administrator Costa Y s February 11, 1997 . �Duni�� DATE: County �..YY Merrithew Memorial Hospital Refunding Certificates of Participation SUBJECT: SPECIFIC REOUEST(S)OR RECOMMENDATION(Sj S.BACKGROUND AND JUSTIFICATION RECONN[IMATIONS: 1. Adopt resolution ratifying and approving execution and delivery of the Certificates of Participation and approving final forms of the documents for the refunding of the Merrithew Hospital Replacement Project. 2. Authorize the Chair of the Board of Supervisors, the County Administrator and other appropriate County Officials to execute the closing documents and other agreements necessary for the closing of the transaction. 3. Approve C. M. de Crinis & Co. Inc. as the financial advisory firm for the refunding issue. FINANCIAL. LVACT: The Certificates of Participation for the Merrithew Hospital Replacement Project have been refunded with a new issue of $143,375,000 with a lower interest rate and lower debt service costs. The refunding of the debt for the Merrithew Hospital Replacement Project meets the established goal of net savings of at least $3,750,000. BACKGROUND: The refunding of the 1992 Certificates of Participation used to fund the Merrithew Hospital Replacement Project was approved by the Board of Supervisors on February 13, 1996. The County Administrator was directed to take the necessary actions to position the County to take advantage of favorable market conditions in order to maximize the benefits from the new issuance. Just after the Board approved the issue last February the interest rates spiked up. A decision was made to defer action until the interest rates appeared more favorable for the refunding. After last CONTINUED ON ATTACHMENT: _,.,.YES SIGNATURE: -RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE -APPROVE _OTHER SIGNATURES : p ACTION OF BOARD ON APPROVED AS RECOMMENDED = OTHER _ VOTE OF SUPERVISORS / I HEREBY CERTIFY THAT THIS IS A TRUE `UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED P.MIL�TCHE - I E�_ Contac;: PH4l BATCHEI CLERK"JO-PT'HE BOARD OF CC: SEE PAGE 2 SUPERVISORSAND COUNTY ADMINISTRATOR 8'�J DEPUTY U -2- February the interest rates moved up further and then gradually down to the point where the issue is now economically feasible. Some changes in the structure of the issue have been incorporated to further enhance the savings advantages for the County. The refunding meets the established savings goal for the County while lowering the debt service. Some additional funds will flow into the construction fund to cover contingencies and additional capital improvements as part of the project. The Co-Special Counsels (Bond Counsels), as part of the original authorization were directed to prepare a final resolution for Board approval at the time the issue was sold. The resolution recommended for adoption meets that requirement. Since the original authorization, the Financial Advisor has been changed to the C. M. de Crinis & Co. , Inc as a result of the death of one member of the advisory team and the relocation of the other member to the new firm. Jean Buckley with the de Crinis firm has worked with the County for several years and has been working on the Merrithew refunding for the past year. Ms. Buckley is very knowledgeable about the County and the refunding in particular. She and the de Crinis firm are well qualified to assist with the completion of the transaction. The Underwriters for the issue are Smith Barney, Bank of America and Bear Stearns. The three firms were selected after review of proposals by the Board in February 1996. They have been working with the County staff and consultants for the past year in preparing the issue for sale at the most appropriate time. Contact: De Bell (5-1093) cc: County Administrator Auditor-Controller Treasurer-Tax Collector Health Services General Services County Counsel Orrick, Herrington & Sutcliffe C. M. de Crinis & Co. Inc. x . 760 RESOLUTION NO. 97/73 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA CALIFORNIA RESOLUTION RATIFYING AND APPROVING EXECUTION AND DELIVERY OF CERTIFICATES OF PARTICIPATION (MERRMIEW MEMORIAL HOSPITAL REPLACEMENT PROJECT), REFUNDING SERIES OF 1997; RATIFYING AND APPROVING FORMS OF A FIRST SUPPLEMENTAL TRUST AGREEMENT, A FIRST AMENDMENT TO FACILITY LEASE (MERRITHEW MEMORIAL HOSPITAL REPLACEMENT PROJECT), A 1992 CERTIFICATES LETTER OF INSTRUCTIONS, A CONTINUING DISCLOSURE AGREEMENT AND AN OFFICIAL STATEMENT; RATIFYING AND CONFIRMING THE CONTRACT OF PURCHASE; APPROVING THE BASE RENTAL UNDER SAID FIRST AMENDMENT TO FACILITY LEASE; RATIFYING ELECTION TO GUARANTEE RENTAL PAYMENTS WITH MOTOR VEHICLE LICENSE FEES; AND AUTHORIZING THE TAKING OF ALL NECESSARY ACTIONS IN CONNECTION THEREOF. WHEREAS, this Board of Supervisors by resolution no. 96/84 adopted March S, 1996, has heretofore authorized the sale of Certificates of Participation (Merrithew Memorial Hospital Replacement Project), Refunding Series of 1997 (the "1997 Certificates") for the purpose of refunding outstanding Certificates of Participation (Merrithew Memorial Hospital Replacement Project), Series of 1992 (herein called the 01992 Certificates"), which were issued to finance the construction, acquisition and equipping of the county hospital in Martinez, California, together with site development, equipment and improvements (the "Project"); WHEREAS, there has been presented to this meeting a report of the sale of the 1997 Certificates; WHEREAS, this Board desires to ratify the sale of the 1997 Certificates and its approval of the following documents: art�vsm.i 1. First Supplemental Trust Agreement, dated as of February 1, 1997, by and among U.S. Trust Company of California, K.A., as trustee (the "Trustee"), the Contra Costa County Public Facilities Corporation (the "Corporation") and the County (the "First Supplemental Trust Agreement"); 2. First Amendment to Facility Lease (Merrithew Memorial Hospital Replacement Project), dated as of February 1, 1997, by and between the Corporation and the County (the "First Amendment to Facility Lease"); 3, 1992 Certificates Letter of Instructions, dated as of February 1, 1997, from the Corporation and the County to the Trustee (the "Letter of Instructions"); 4. Continuing Disclosure Agreement, dated the date of execution and delivery of the 1997 Certificates, by and between the County and the Trustee (the "Continuing Disclosure Agreement); 5. Official Statement relating to the 1997 Certificates (the "Official Statement"); and 6. Contract of Purchase, by and among the Corporation, the County and Smith Barney Inc., as representative of the underwriters (the "Contract of Purchase"). WHEREAS, the Board of Supervisors of the County has been presented with the form of each document referred to herein, and this Board has examined and approved each document and desires to ratify its approval of the execution and delivery of not to sr2�syszo.i 2 exceed $160,000,000 aggregate principal amount of the 1997 Certificates and the execution of such documents and the consummation of such financing; and WHEREAS, the County has full legal right, power and authority under the Constitution and the laws of the State of California to enter into the transactions hereinafter authorized; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa, as follows: Section 1. All of the recitals herein are true and correct and this Board so finds. Section Z. The action of this Board in heretofore authorizing the execution and delivery of the 1997 Certificates is hereby ratified and confirmed, and the terms of the 1997 Certificates shall be as set forth in the First Supplemental Trust Agreement. Section 3. The execution and delivery of the First Supplemental Trust Agreement, on file with the Clerk of the Board of Supervisors, is hereby authorized, ratified and confirmed, and the Chairman of the Board of Supervisors and the Clerk of the Board of Supervisors are hereby authorized and directed to execute and deliver the First Supplemental Trust Agreement in substantially said form, with such changes therein as such officers may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 4. The execution and delivery of the First Amendment to Facility Lease, on file with the Clerk of the Board of Supervisors, is hereby authorized, ratified and confirmed, and the Chairman of the Board of Supervisors and the Clerk of the Board of Supervisors are hereby authorized and directed to execute and deliver the First Amendment srll ava�oa 3 to Facility Lease in substantially said form, with such changes therein as such officers may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. n„5. The execution and delivery of the Letter of Instructions, on file with the Clerk of the Board of Supervisors, is hereby authorized, ratified and confirmed, and the Chairman of the Board of Supervisors and the Clerk of the Board of Supervisors are hereby authorized and directed to execute and deliver the Letter of Instructions in substantially said form, with such changes therein as such officers may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section ¢. The execution and delivery of the Continuing Disclosure Agreement, on file with the Clerk of the Board of Supervisors, is hereby authorized, ratified and confirmed, and the Chairman of the Board of Supervisors and the Clerk of the Board of Supervisors are hereby authorized and directed to execute and deliver the Continuing Disclosure Agreement in substantially said form, with such changes therein as such officers may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 7. The form of Official Statement describing the 1997 Certificates, on file with the Clerk of the Board of Supervisors, is hereby ratified and confirmed, and the County Administrator or his designee is hereby authorized and directed to execute and deliver the Official Statement in substantially said form, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. sr2-69M.1 4 Section-S. The action of this Board in heretofore authorizing execution of the Contract of purchase, on file with the Clerk of the Board of Supervisors, is hereby ratified and confirmed. jSection 9. The schedule of base rental payments set forth in Exhibit B of the First Amendment to Facility Lease is approved and is hereby determined to be the schedule of base rental payments to be paid pursuant to the Facility Lease. Section 1Q. The Board hereby ratifies its election, pursuant to Government Code Section 25350.55, to guarantee rental payments to be made by the County under the Facility Lease and authorizes and directs the County Administrator or his designee to notify the Controller of the State of California of such election, which notice shall include a schedule of lease payments to be made by the County under the Facility Lease and shall identify a trustee appointed by the County to effectuate the payment provisions pursuant to such guarantee. For purposes of effectuating the payment provisions pursuant to Government Code Section 25350.55, the Board hereby ratifies its appointment of the Trustee for the 1997 Certificates as trustee. Section 11. The officers and supervisors of the County are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents and certificates which they deem necessary or advisable in order to consummate the execution and delivery of the documents mentioned herein and any other documents necessary to consummate the financing, and otherwise to effectuate the purposes of this Resolution and the transactions contemplated hereby. sn ssszo.i 5 Sectio. All actions heretofore taken by the officers and agents of the County with respect to the sale, execution and delivery of the 1997 Certificates are hereby ratified and confirmed. axt sae7o.i 6 Sectio". This Resolution shall take effect from and after its adoption. PASSED AND ADOPTED this 11th day of February, 1997. Chairman of the Board of Supervisors County of Contra Costa, California [Seal] ATTEST: Philip J. Batchelor, Clerk of the Board of Supervisors and County Administrator February 11, 1997 By Deputy Cl of the Board of Supervisors of the County of Contra Costa, State of California sr2-6"70J 7 CLERK'S CERTIFICATE I, aljr4 casillac. , Deputy Clerk and Chief Clerk of the Board of Supervisors of the County of Contra Costa, hereby certify as follows: The foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Board of Supervisors of said County duly and regularly held at the regular meeting place thereof on the 11th day of February, 1997, of which meeting all of the members of said Board of Supervisors had due notice and at which a majority thereof were present; and at said meeting said resolution was adopted by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None An agenda of said meeting was posted at least 72 hours before said meeting at 651 Pine Street Aartinez, California, a location freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. I have carefully compared the same with the original minutes of said meeting on file and of record in my office; the foregoing resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and said resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. e�easa�o.� WITNESS my hand and the seal of the County of Contra Costa thisu,j,day of February, 1997. eputy Clerk Of the Board of Supervisors of the County of Contra Costa, State of California [Seal] sez s9sro.i 2 SUPPLFA MAL MATERIAL ADVISFNVIEW FORM AGENDA DATE: TIEM NO.: 0 . 76 ® ADDITIONAL MATERIALS AVAILABLE IN THE MINUTES ❑ ITEM CONTINUED TO: ❑ ITEM DELETED ❑ PUBLIC COMMENT - NONE ❑ CONSIDERED CONSENT ITEMS PREVIOUSLY REMOVED - SEE SUMMARY FOR CHANGES; OTHERWISE APPROVED AS LISTED ON THE AGENDA TETIS SECTION FOR PLANNING HEW ONLY ❑ ADDITIONAL MATERIAL AVAIL ABLE IN FILE (NAME): 01 77 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: FEBRUARY 11, 1997 SUBJECT: Determine the Need to Continue the Emergency Action Regarding the Repair of"Hill 310" Land Creep, Bay Point Project No.: 4500-6G5094 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: DETERMINE that there is a need to continue the emergency action taken by the Board of Supervisors on June 4, 1996 pursuant to Public Contract Code Sections 22035 and 22050, to repair the "Hill 310" Land Creep, Bay Point. If. Financiallmpact: Total cost of repairs cannot be fully determined at this time, but staff is developing an estimate for completion of the repair. III. Reasons for Recommendations and Background: A. On February 26, 1996, Public Works and Building Inspection were notified that cracks were occurring in Beaulieu Court. The County hired a geotechnical firm to identify the cause of the slide, and recommend and direct remedial actions to mitigate land movement. B. On March 19, 1996 the Board of Supervisors concurred in the County Administrator's proclamation of a local emergency. C. On June 4, 1996 the Board of Supervisors declared an emergency and authorized the Public Works Director to proceed in the most expeditious manner to repair the area subject to creep. Continued on Attachment: X SIGNATURE;,/ -- _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): / ACTION OF BOARD ON fly-11- 17-17 APPROVED AS RECOMMENDED_OTHER VOCE OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: JPM:tt 9\const\BO\H310-28.t1 Ong.Div: Public Works(Construction) Contact: Joseph P.Murphy(313-2320) l lh=aMy tMt Mle Is a�e and Om ed�'ppy of Irl eMlon taken end entered on the minutu Ol-dy cc: CAO Bosh of Supewamnif.on the con drown. Auditor/Controller ATTESTED: 9� County Counsel PHIL BATCHELOR,C--u f,.:o1 oard GMEDA of Supervlson and Coun AJministrefor Design Div. Construction Div. b DW* Maintenance Div. -Determine the Need to Continue the Emergency Action Regarding the Repair of"Hill 310"Land Creep February 11, 1997 Page Two III. Reasons for Recommendations and Background (cont'd): D. Repair status: Judd Drilling is under contract to complete the second phase of the repair consisting of a drainage gallery. This work began September 25, 1996 and about ninety -five percent (95%) of the work has been completed. Due to inclement weather and the unavailability of specialized equipment, the completion of this project will be delayed. IV. Consequences of Negative Action: Repair work would not be completed before next winter. S F.. TO: BOARD OF SUPERVISORS �:• CONTRA FROM: Ken Corcoran, Auditor-Controller B COSTA . Paul Abelson Principal Accountant '°- �y'z By: P �... COUNTY DATE: January 29, 1997 SUBJECT: Accept Monthly Report on Supplemental Law Enforcement Services Fund Activity. SPECIFIC REQUEST(S) OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): Accept the Auditor-Controller's December Supplemental Law Enforcement Services Fund (SLESF) activity report. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Government Code Section 60063 requires the County Auditor-Controller to file a public report each month with the Supplemental Law Enforcement Oversight Committee and the Board of Supervisors detailing allocations from the SLESF. Other than interest earned, there were no new allocations this month. CONTINUED ON ATTACHMENT: _YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON / / APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS(ABSENT 1 TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Paul Abelson,(646-2275) ATTESTED '4) 1997 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS BAND OU DMINISTRATOR cc: CAO �c./ PUTY Contra Costa Count v Office of _ Kenneth J.Corcoran Auditor-Conholler COUNTY AUDITOR-CONTROLLER y Stephen J.roerre 625 Court Street �1�1 Martinez, California 94553-1282 Telephone(510)646-2181 Fax(510)646-2649 - ,.ti tiiury-.� January 29, 1997 To: Supplemental Law Enforcement Services Funds Oversight Committee Government Code Section 60063 requires the County Auditor to file a public report with you monthly detailing and summarizing allocations from the County's Supplemental Law Enforcement Services Fund (SLESF). Please accept the attached allocation report for the fiscal month ended January 13, 1997. The report consists of the revenue and expenditure detail reports for each of the 4 budget units set up within the County's SLESF. Other than interest earnings, there were no new allocations this month. Sincerely, Kenneth J. 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BACKGROUND: We do not have another suitable body to review and recommend allocations of funds for the 1997 program year for the Public Service portion of the Community Development Block Grant. Therefore, we are recommending that staff undertake this review and make preliminary decisions regarding allocating these funds. The Family and Human Services Committee can then review the preliminary decisions made by the staff and make recommendations to the Board of Supervisors. CONTINUED ON ATTACHMENT: `YES SIGNATURE:( f}�j/ O �' � ` RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE _._APPROVE �jOTHER // /y SIGNATURE(S): L .i(f///�///f z� A � ACTION OF BOARD ON rabi Uzi y i 1, 1 APPROVED AS RECOMMENDED OTHER VOTEF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS{ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS �O+N.THE DATE SHOWN. 9 ATTESTED 4�'4_ 'I'i'`ta' "—��-��`T Contact: PHIL BATCHELO ,CLERK OF THE BOARD OF cc: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR Belinda Smith, CDD f /J BY DEPUTY TO: BOARD OF SUPERVISORS 'FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: FEBRUARY /i) 1997 SUBJECT: NOTICE AND RESOLUTIONS APPOINTING OFFICERS,ADOPTING ANNUAL BUDGET APPROVING REPAIR, MAINTENANCE AND IMPROVEMENT PROGRAM AND SETTING PUBLIC HEARING FOR ADOPTION OF ASSESSMENT, HILLCREST HEIGHTS GRAD, EL SOBRANTE AREA, Specific Request(s)or Recommendation(s)&Background&Justification I. Recommended Action: 1. ADOPT the Resolution appointing officers for the Hillerest Heights Geologic Hazard Abatement District (GHAD). Resolution 97/70. 2. ADOPT the Resolution approving the Hillcrest Heights Geologic Hazard Abatement District (GRAD) budget for Fiscal Ye r 1997-1998 and approving GHAD Repair, Maintenance and Improvement Program. Resolution NO. 9 /71. 3. ADOPT the Resolution declaring it's intention to order an assessment for the Hillcrest Heights Geologic Hazard Abatement District (CHAD) Subdivision 7582 and SET a public hearing to consider all protests against the proposed assessment for Tuesday, April 1, 1997 at 10:30 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California. Resolution No. 97/72. 4. DIRECT the Clerk of the Board of Supervisors to complete the required Public Notification in accordance with Section 6061 of the Government Code. II. FinancialIm�aci: There will be no financial impact on the County General Fund. All costs will be covered with revenue generated through parcel assessments from the Geologic Hazard Abatement District (CHAD). II1. Reasons for Recommendations and Baftround: On July 23, 1996 the Board of Supervisors approved the formation of the Hillcrest Heights Geologic Hazard Abatement District (GHAD) for Subdivision 7582 and appointed itself to act as the Board of Directors. The conditions of approval for the development required that a GHAD be for d to mitigate the potential for soil movement in this development. Continued on attachment. iY_Yes SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON: February 11, 1997 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS x UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: SE:cs g:\EngSvc\SpDist\BOU9HGHAD 2S.tl Contact: Skip Epperly, (510)313-2253 Oris.Div._ PW(Special Districts) cc: Auditor-Controller _ Accounting Engineering Services D. Curtin,McCutchen,Doyle,Brown&Enerson A.Lindgren,McCutchen,Doyle,Brown&Enerson J. Wollman,Wollman&Associates I 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. _ _. 11,1997 PHIL BATCHELOR, CI-rk of t,,c ".oard f Figx:rvls and C,'am' Aqr„mi,;2rator s, /Yvn il ... . Deouty HILLCREST HEIGHTS GEOLOGIC HAZARD ABATEMENT DISTRICT. FEBRUARY 11, 1997 PAGE 2 The purpose of this action is to now adopt the Resolution approving the FY 1997-98 budget, appoint the officers for the GHAD and to initiate the process of authorizing an assessment to finance the activities of the CHAD. IV. Consequences of Negative Acton• This project will not be able to proceed. C.80 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 11 1997, by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT:None ABSTAIN: None RESOLUTION NO. 97/ 70 SUBJECT: Appointing Officers for the Hillcrest Heights Geologic Hazard Abatement District Subdivision 7582. The Board of Supervisors of Contra Costa County, acting as the Board of Directors of the Hillcrest Heights Geologic Hazard Abatement District Subdivision 7582, RESOLVES as follows: A. On July 23, 1996 the Board of Supervisors of Contra Costa County, adopted Resolution No. 96/329, approving the formation of a geological hazard abatement district (GHAD) for the Hillcrest Heights area and appointing itself to act as the Board of Directors. B. Pursuant to a Public Resource Code sections 26584 and 26585, the Board must appoint a Clerk and a Treasurer of the District and, pursuant to Section 26586, the Board may appoint other officers of the District and delegate thereto such powers as may be appropriate in the circumstances. NOW, THEREFORE, THE BOARD OF DIRECTORS HEREBY RESOLVES, FINDS, CERTIFIES AND ORDERS AS FOLLOWS: 1. The Board appoints the Clerk of the Board of Supervisors as Clerk; 2. The Board appoints the County Treasurer as Treasurer; 3. The Board appoints the County Counsel as General Counsel; and 4. The Board appoints William Wiggington as District Geologist/Manager pursuant to the terms of an employment contract to be approved by the Board. 5. Effective Date. This resolution shall take effect immediately upon its adoption. BY A00a --c—, C� Chair, Board of Directors Attest: J CI rk of the District SE:cs 9:tEngSvctSpbistiHGHADApt28.t1 Orifi.Dept: Public Works Department(Special Districts) Contact: Skip Epperly,313-2253 cc: County Administrator Assessor Auditor-Controller County Counsel Community Development Accounting Mccutchen,Doyle,Brown&Enerson,LLP RESOLUTION NO. 97/ 70 C.80 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on FPbri,ary 11 1997, by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 97L71 SUBJECT: Approving Hillcrest Heights Geologic Hazard Abatement District Subdivision 7582 Budget for First Fiscal year 1997-1998 and Approving GHAD Repair, Maintenance and Improvement Program The Board of Directors of the Hillcrest Heights Geologic Hazard Abatement District Subdivision 7582 RESOLVES: A. On July 23, 1996, the Board of Supervisors of Contra Costa County adopted Resolution No. 96/329, approving the formation of a geologic hazard abatement district (the "GHAD") for the Hillcrest Heights area and appointing itself to act as the Board of Directors of the CHAD. B. On February 11, 1997, the Board of Directors adopted Resolution No.97 70 , appointing officers for the CHAD. C. In order for the GHAD to proceed to efficiently implement the GHAD plan of control and to undertake repair, maintenance and improvement projects and related operations, it is necessary to approve an annual budget and a repair, maintenance and improvement program. NOW, THEREFORE, THE BOARD OF DIRECTORS HEREBY RESOLVES, FINDS, CERTIFIES AND ORDERS AS FOLLOWS: 1. The Board hereby APPROVES the GHAD budget for the first fiscal year, 1997- 1998, which budget is attached hereto as Exhibit A and incorporated herein by this reference. 2. The Board hereby APPROVES the GHAD Repair, Maintenance and Improve- ment Program, which program is attached hereto as Exhibit B and incorporated herein by this reference. 3. Effective Date: This resolution shall take effect immediately upon its adoption. By Chair, Board of Directors Attest: a CI rk o the District SE:cs g:\Eng Svc\Sp Dist\.HGHADApv28.t1 Ong.Dept.: Public Works Department(Special Districts) Contact: Skip Epperly,313-2253 cc: County Administrator Auditor-Controller County Counsel Accounting McCutchen,Doyle,Brown and Enerson,LLP RESOLUTION NO. 97/ 71 EXHIBIT A Hillcrest Heights Subdivision 7582 Geologic Hazard Abatement District Projected Budget 1497-1948 Fiscal Year A. Projected Income Assessment $875 per parcel per year X 66 parcels = $57,750 B. Projected Ex en nses General Manager/Geologist $ 8,500 Support Services $ 3,000 Repair, maintenance and improvements $18,250 (as provided in the approved, Repair, Maintenance and Improvement Program) Legal, accounting and insurance $ 8,000 County staff services $ 0 Reserve $20,000 TOTAL $57,750 RESOLUTION NO. 97/ 71 EXHIBIT B Hillcrest Heights Subdivision 7582 Geologic Hazard Abatement District Repair,Maintenance and Improvement Program A. On a periodic basis during each year, the GRAD will perform the following: 1. Monitoring and maintenance of the following items: a) interceptor ditches b) piezometers and hydraugers C) survey points and benchmarks d) subdrains 2. Mitigation measures, including the following items: a) sandbagging b) hydroseeding 3. Other items included within Plan of Control B. During each year,the GRAD will perform repair and improvement projects as and when necessary, within the budgetary limits. RESOLUTION NO. 971 71 C.80 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 12 , 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciami.11a and DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 97/_72 SUBJECT: Resolution of Intent to Order an Assessment for Hificrest Heights Geologic Hazard Abatement District Subdivision 7582, and Setting a Public Hearing to Consider All Protests Against Said Assessment. The Board of Directors of the Hillcrest Heights Geologic Hazard Abatement District Subdivision RESOLVES THAT: L On July 23, 1996, the Board of Supervisors of Contra Costa County adopted Resolution No. 96/329, approving the formation of a geologic hazard abatement district (the "GHAD") for the Hillcrest Heights area and appointing itself to act as the Board of Directors of the GHAD. 2. In order to defray the costs and expenses of maintaining and operating the GHAD improvements, it will be necessary to provide for a reliable source of GHAD funding. 3. Public Resources Code sections 26650 et seq. authorize, after a noticed hearing, the levy and collection of an assessment upon benefitted property within the GHAD to pay for maintenance and operation of GHAD improvements. Article XIII D of the California Constitution imposes additional requirements for the levy and collection of such an assessment. 4. The property within the GHAD is identified in the map attached as Exhibit A. 5. The assessment report/engineer's report (the "Assessment Report") attached as Exhibit B was prepared by the District Geologist/Manager and by a registered professional engineer certified in the State of California of the GHAD. The Assessment Report sets forth the estimated budget for the 1997-98 fiscal year, the total assessment that will be chargeable to the entire GHAD in the fiscal year 1997- 98 and in subsequent fiscal years, the proposed estimated assessment to be levied against each parcel of property within the GHAD in the fiscal year 1997-98 and in subsequent fiscal years, and a description of the method used in formulating the estimated assessments. Wherefore, the Board of Supervisors of Contra Costa FINDS, CERTIFIES AND ORDERS THAT: i. The Board hereby declares, its intention, consistent with the requirements of Article XIII D of the California Constitution, to order that the cost and expenses of maintaining and operating the GHAD improvements shall be assessed against the property within the GHAD. 2. The Board further declares its intention to assess against the property within the GHAD, for the 1997-1998 fiscal year and for subsequent fiscal years, all or a part of the amounts set forth in the Assessment Report. 3. Notwithstanding paragraph 2 immediately above, the Board shall not order this assessment if a majority protest exists as defined in Section 4, Article XIII D of the California Constitution. RESOLUTION NO. 97/ 72 {Y O j ASSESSMENT ROLL 4 4 CEL SfIlEUTADDRESS ASSESSMENT AM41ll1I 1 WB BRIOGEtiYAY CIRCLE ELSOBRANTE,G WN3 TBD' �y�p 199 10i002 10 BRiDGEWAY CIRCLE ELSOBRANTE.CA%W3 TBD 0403 30 BRlDGEWAY CIRCLE ELSOBRANTE,GWA4D IUD 0-008 XI70RIDOEWAYCIRCLE ELSOBRANI6GWM3 TBD �UM5 9171HUDOEWAYCIRCIE EL SOBRANTE.CA WWI IDD LIa4 921 BRIDGEWAYCIRCLE EL SOBRANTF_CA WWO TBD 230.0K17 .175 RKIDGEWAY CIRCLE FL 508RANTE,CA Y1903 TBD DOXMI 9298RIDDEWAYCIRCIS EI.SOBRANTf:,G WBuI TRU 2304X19 933 BRIDMWAY CIRCLE EL SOBRANTE,CA 94903 TBD 2304110 137 BRIDGEWAY CIRCLE EL SOBRA2OE.CAM03 TOD T('�7 T { 230-011 M I OWDGEWAYCIRCLE EL SOORANTE,G 94903 TOD VICINITY MAID 2304112 N58NIDG6*AY CIRCLE ELSOBRANTE,CAW803 TBD ,330413 9499PJDGEWAY CIRCLE EL SOEJAWK CA W903 TOO N.T.S. ?30-0u 179 BR1DOEWAY CIRCLE ELSOBRANTF_CA94803 TBD / 230-015 11,1 BRIDGEWAY CIRCLE EL SOBRANTL CA W WO IUD ,230416 l97BRIDGEWAYCIRCSE ELSOBRANTE,GN903 TOD , 230-017WI-SRIOGEWAYCIRCLE EL SODRANTE.G N803 TBD 230419 M5 BRIDGEIYAY CIRCLE EL SOBRAID E,CA W 903 TOD / %,,, 230-019 9999R3DGEWAYCIRCE ELSORRANTE.CANN3 TBD r230-020 W30RIDOEWAY CIRCEL ' ELSOBRANTE694843 TBD -2)04121 %7BRIDGLWAYCIRCLE ELSOBRANTE,CAWW3 TOD 4;a j DO-033 911 BRIDGEWAY CIRCLE EL SOBRANTE CA 94803 TOD �-'230-023. 915BRIDGEWAYCIRCLE ELSOBRANTE,CA9803 TBD DO-024 926 BRIDGEWAY CIRCLE E1,SOBRANIL,G94803 TRD .210-025 922BRIDC&VAYC3RCLE EL SOBRANTE,G 94903 TOD Q G 230026, 919 RIUDGEWAY CIRCLE EL SOBRANTE,CA 94803 TOO 230-027 914 BRIDGEWAY CIRCLE. EL SOORANTE,G NN3 IUD RO.MC4C -2104128 910 BRIDLEWAY CIRCLE EL SOBRANTE,CA 94MI TOD PRJ9AT OPEN SPAQ 230429 906 BRIDLEWAY CIRCLE EI.SOBRANTE CA WR03 TDD -230430 902 BRIDLEWAY CIRCLE EL SOBRANTE,CA 9480) TBD '230.3)1 999 BRI.DGEWAY CIRCLE. FI,SOBRANTE,G94803 TBD 230-032 AN BRIDGEWAY CIRCLE ELSOBRANTE;CAN903 TBD .231"33 190 BRO)(4!WAY CIRCLE EL SOBRANTE,CA WX03 TBD -2)04134 AM BRJDGEWAY CIRCLE ELSOIRANTE.;CAWVO TOO C' f Q o�Q 230435 882 BRIDLEWAY CIRCLE ELSOBRANTE,G 94903 TBD J pG"Pi-230.036 ITA BRIDLEWAY CIRCLE FLSORRANTC.CAW903 TBD��S ----- -- __�__ 123"37 BA BRIDLEWAY CIRCLE EL SOBRANTE,CA W903 I'BU N 89.06'09' W 296-23044118 AM BIUDGEWAY CIRCLE EL SOBRANTE,CA 94803 TBD N 36'45'21" E -2.40439 RW BRIDGEWAY CIRCLE EL SOORANTE,CA 94903 TBD 13.59' 0330-040 '862 RRIDGEWAY CIRCLE EL SOBRANTE.,CA 94403 TBD N' h'v �-230441 RSR BRIDLEWAY CIRCLE EL SOBMNTE,CANMI TBU ry o mry BAILEY PROPERTY "-D3 2 BN BRIDGEWAY CIRCLE EL SOBRANTE,CA 9480 TRD N EXCEPTION 230443 950 BRIDGEWAY CIRCLE EL SOBRANTE,CA 94W3 TBD 2 2 (8120-OR-397) 3-230-044 916 BRIDLEWAY CIRCLE EL SOBRANTE,G W903 TBD 1-230-04S' M2 BMMEWAY CIRCLE EL SOBRANTE,CA 94903 TBD 99.15 NJJJ9',T9. r-2 6 939 BRIDLEWAY CIRCLE ELSOBRANTE.GN91D TBD N 7374-9. W 1-230-017 934 BRIDGEWAY CIRCLE ELSOBRANTE,C'AW803 TBD W 29p 0p, /.230448 R30 BRIDGEWAY CIRCLE EL SOBRANTE,CA NR03 TBD / PS, 1.230-0.19 3.210-W9 926 BRIDLEWAY CIRCLE EL SOBRAN CA WW3 TBD / 7T R,Aos 4 -23"50 9229RIDGEWAY CIRCLE ELSOBRANTE,CAWXQ IDD 110 4130,03-DO-051 857 RIDGEDALE COURT EL SOBRANTE,CA 94803 IOU pA"'I' \ �'P 5✓3-230-052 952 RIDGF.DALE COURT EL SOBRANTE CA 94801 TDD PRwAlE OPEx SPAR "pj 40124 1230-051 936 RIDGEDAI.E COURT EL SOBRANTE,CA 94901 IBD \ 420,NO ADW4E58 \ `% 0 836%O, y02, , 0-POa141 VW RIDGEDALE COURT EL SOMANTE,CA 94 RIO TBD A' QIC01,Pa055 IW RIDGEUALE COURT EL SOBRANTE,CA 94901 TBD J Uo� 0.210-056 968 RIDGEDALE COURT EL SOBRANTE,CA Yana) TRD YYY 0.230-057 972 RIDGEDALE.COURT EL SOBRAWE.CA WIG) TBD 0.2304158 876 RIDGEDALE COURT F.I.SOBRANTE G 9490) TBD 0-2X1459 AN RIDGEDALE COURT EL SOBRANIE,CA 94"3 TBD I„ 0.230-0(4 114 RIDGEDALE COURT ELSOBRANTECA94903 TBD 9"n-wo BIR RIDGEDALE COURT EL SOBRANTE,CA WWI TBD \\,_0810.1162 992RIDGEDALECOURT ELSOORANTE,CA94803 IED 0.014"3 9W RIDGEDALE COURT' EL SOBRANTE CA 94 IN TBD m-23n4K4 MCI RIDGEDALE COURT EL SOBRANIT CA 94MA TBD 0-219.065 9(6 RIDGEDALE COURT EL SOBRANTF CAWR01 TBD o = 01'71]9g 10330-W 39W LA CIMA ROAD FL SOBRANTF.CA 94910 TOD R = 44.00 —.� 'n-230-n67 NO ADDRESS EL SOBRANIE.CA WWII NIA L = 92.68 M-210.4169 NO ADDRESS EL SOBRANTE,CA WWI NIA 0 - DOLL 12 M1DU.IK.9 NO ADDRESS EL SOBRANT E.CA WWU NIA R = 40.00 Oil 'N 111:19-0710 NO ADDRESS EL SOBRANTE,I AM3 N/A DETAIL A ,n-•l9-u]i NO ADDRESS EL SURRANTFG W9u3 N/A N.TS 211P9-072 NO ADDRCS.S EL SOBRAN TE CA 94"1 NIA 3. JOBS\930"\:�A^I AwO 10-3-Y c gD EXHIBIT B Assessment Report/Engineer's Report for Hillcrest Heights Subdivision 7582 Geologic Hazard Abatement District A. Hillcrest Heights Subdivision 7582 Geologic Hazard Abatement District Estimated Budget 1997-1998 Fiscal Year A. Projected Income Assessment $875 per parcel per year X 66 parcels = $57,750 B. Projected Expenses General Manager/Geologist $ 8,500 Support Services $ 3,000 Repair, maintenance and improvements $18,250 (as provided in the approved, Repair, Maintenance and Improvement Program) Legal, accounting and insurance $ 8,000 County staff services $ 0 Reserve $20.000 $57,750 B. Total Assessment on the GHAD The total assessment to be levied on the Hillcrest Heights Subdivision 7582 Geologic Hazard Abatement District (the "GHAD") is $57,750 in fiscal year 1997-1998. This amount shall be adjusted annually to reflect the percentage change in the Consumer price Index (CPI) over the previous twelve month period. C. Assessment on each Parcel Each parcel within the GHAD shall be assessed $875 in fiscal year 1997-1998. This amount shall be adjusted annually to reflect the percentage change in the CPI over the previous twelve month period. D. Methodology Used in Formulating the Assessment The purpose of the Hillcrest Heights Subdivision 7582 Geologic Hazard Abatement District (the "GHAD") is to maintain an extensive network of drainage facilities to prevent geologic hazards, and to help finance mitigation, abatement and control measures in the event that geologic hazards occur. The basic costs of maintaining the drainage system and preventing geologic hazards are the expenses for: General Manager/Geologist; support service; repair maintenance and improvements; legal, accounting and insurance; and County staff services. In addition, based upon the existing geologic conditions and information about the GHAD drainage system contained in the Plan of Control, the County and the applicant determined that a $60,000 reserve should be accumulated the District to help finance mitigation, abatement and control measures in the event that geologic hazards occur. The reserve will be built up in the first three years of operation of the GHAD, $20,000 per year. There are 66 lots in the GHAD which will all be benefitted by the District. The project EIR on file with the Department of Public Works recognized a potentially significant geologic hazard for Hillcrest Heights Subdivision 7582. As detailed in the Plan of Control, on file with the Department of Public Works, the drainage system that will be maintained by the GHAD includes subdrains and other drainage improvements equally spaced throughout the project. All the components of the drainage system will be maintained and monitored with similar intensity. Each parcel in the GHAD will thus receive approximately the same benefits from the GHAD. Accordingly, the $57,750 total assessment on the GHAD will be evenly divided between the 66 parcels in the district and each parcel will be assessed $875. The automatic CPI adjustment to the assessment is justified because it will correct the assessment to approximately reflect changes in actual cost of operating the GHAD. E. Engineer's Report This Assessment Report contains all of the items included in engineer's reports prepared by the Contra Costa County Department of Public Works. The Assessment Report, therefore, constitutes an engineer's report. The Assessment Report has been reviewed and approved by the undersigned registered professional engineer certified by the State of California California Engineers Certification No. EXHIBIT C Notice of adoption of resolution by the Board of Directors of Hillcrest Heights Subdivision 7582 Geologic Hazard Abatement District On July 23, 1996, the Board of Supervisors of Contra Costa County adopted Resolution No. 96/329, approving the formation of a geologic hazard abatement district for the Hillcrest Heights area(the "GHAD") and appointing itself to act as the Board of Directors of the CHAD. The GHAD was formed pursuant to State Public Resources Code Section 26500 et seq. for the proposed of prevention, mitigation, abatement and control of geologic hazards. NOTICE IS HEREBY GIVEN that: On February 11, 1997 the, Board of Supervisors adopted Resolution 97/72 setting a public hearing to consider adoption of an assessment for the GHAD. The amount of the assessment will be $57,750 per year for the entire GHAD, of which$875 per year will be chargeable to each parcel you own in the GHAD. The assessment shall continue to be levied in perpetuity. The assessment will be adjusted annually to reflect the percentage change in the Consumer Price Index over the previous twelve-month period. The attached Assessment Report/Engineer's Report for Hillcrest Heights Subdivision 7582 Geologic Hazard Abatement District(The "Assessment Report") was prepared by the District Geologist/Manager of the GHAD and describes in detail the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated. The Assessment Report specifically sets forth the yearly estimated budget of the 1997-1998 fiscal year, the total assessment that will be chargeable to the entire GHAD, the proposed estimated assessments to be levied each year against each parcel of property, and a description of the method used in formulating the estimated assessment. A copy of the Assessment Report is also available for inspection at the office of the Clerk of the GHAD, Room 106, County Administration Building, 651 Pine Street, Martinez, California. The Board will conduct a public hearing (the "Hearing") on Tuesday, April 1, 1997 at 10:30 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553 to tabulate ballots and hear any protests on the proposed assessment. The following paragraph provides the procedures for returning and tabulating the ballots: A ballot is attached to this notice. A copy of this notice, ballot and Assessment Report have been sent to each of the owners of property within the GHAD. The ballot may be completed and mailed to the Elections Clerk, 625 Court Street, Martinez, CA 94553. At the Hearing, the Elections Clerk will deliver the ballots it receives to the Board of Supervisors. The Board of Supervisors will then consider all protests and tabulate the ballots. The Board of Supervisors will O.g� not impose the proposed assessment if there is a majority protest A majority protest exists if, upon the conclusion of the Hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots will be weighted according to the proportional financial obligation of the affected property. Inquiries regarding the proposed assessment may be made to Mr. William Wiggington, District Geologist/Manager of the GRAD, telephone(408)662-0609. EXHIBIT D 1997 BALLOT PROPOSITION - BOARD OF SUPERVISORS ADOPTION OF A RESOLUTION TO AUTHORIZE A ASSESSMENT TO FUND THE HILLCREST HEIGHTS GEOLOGIC HAZARD ABATEMENT DISTRICT SUBDIVISION 7582 Shall Resolution 97172 of the Contra Costa County Board of Supervisors be enacted to authorize a benefit assessment of$875 per parcel per year to be levied each year on property within the Hillcrest Heights Geologic Hazard Abatement District Subdivision 7582 ("the GRAD"). The amount of this assessment will be automatically adjusted annually to reflect the percentage change in the consumer price index ("CPP') over the previous twelve month period. The specific activities that the GHAD will perform include: (1) maintaining an extensive surface and subsurface drainage facilities to prevent geologic hazards within the GHAD, and (2) establishing a reserve fund to, mitigate, abate or control minor landslides, erosion and other geologic hazards within the GRAD. Send completed ballots to: Elections Clerk 625 Court Street Martinez, CA 94553 [Elections Clerks to insert address of all parcels belonging to the record owner who will receive this ballot] Vote on the Proposition (circle one): Support Oppose