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HomeMy WebLinkAboutMINUTES - 10061998 - C24-C28 C•V TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: OCTOBER 6, 1998 SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CANYON LAKES GEOLOGIC HAZARD ABATEMENT DISTRICT AND THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE REPAIR OF A DAMAGED DRAINAGE FACILITY AT THE CANYON LAKES COUNTRY CLUB, SAN RAMON AREA. SPECIFIC REQUE T{ }OR RE OM 90ATION{ }&BACKGROUND AND JUSTIFICATION 1. Recommended Action: APPROVE Memorandum of Understanding between the Canyon Lakes Geologic Hazard Abatement District (GRAD) and the Contra Costa County Flood Control and Water Conservation District for the repair of a damaged storm drain facility at the Canyon Lakes Country Club and AUTHORIZE the Chief Engineer or his designee to execute the said agreement. 11. Financiallmpact: The estimated cost of the repair to the storm drain facility is $72,500 plus engineering and support costs, which will be funded from Drainage Area 75A. I Alk I Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 6, 1998 APPROVED AS RECOMMENDED X qmmm_ VOTE OF SUPERVISORS X UNANIMOUS (ABSENT NOw ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and carred RMA:iv copy of an action taken and entered on the \1PWS1\SHARDATA1GrpData\Admin\LV\BDORD\10-6.doc minutes Of the Board of Supervisors on the Attachment date Shawn. Orig.Div:Public Works(ADMIN) Contact: R.Mitch Avalon{925/313-2203} ATTESTED: c: CACI PHIL BATCHELCR, Cler1 , of the Board County counsel of Supervisors and Co9pty Administrator Canyon Lakes CHAD,Bill Gray PW--Accounting By t*t4 '1U c 4_') Z O a- Deputy PW-Flood Control _. . _. Approve MOU with Canyon Lakes CHAD October 6, 1998 Page Two 111. Reasons for Recommendations and Background: During this past winter, a landslide occurred within the Golf Course of the Canyon Lakes Country Club. The landslide is in the area known as Watson Canyon. The landslide damaged a 72" diameter storm drain,which is now totally blocked and prevents the drainage of the Canyon Lakes Detention Basins, which are the lakes of the Canyon Lakes Residential Development and Golf Course. This landslide has occurred last year and the year before and, in each instance, has damaged the storm drain. In the prior two years, the Flood Control District worked with the property owner, the Canyon Lakes Golf Course, to repair the landslide and storm drain. Due to heavy rains this past winter, the landslide repair failed. This year, the CHAD is taking the lead and repairing the landslide and damaged storm drain. The repair, this time, includes extending the pipe approximately 60 feet down stream and placing a buttress fill on the landslide area. A Memorandum of Understanding has been prepared between the GRAD and the Flood Control District to outline the roles and responsibilities that each has for the repair of the landslide and storm drain. There is a separate agreement between the CHAD and the Canyon Lakes Country Club, who is the property owner of the landslide. That license agreement is referred to in the Memorandum of Understanding and is attached for reference. IV. Consequences of Negaitive Action: The landslide would not be repaired prior to this winter, and the blocked storm drain could cause flooding of the lakes and residences in the Canyon Lakes Development. __ �ao2iov5 Nancy ounnln0am 09/29/98 69:37 $1 510 947 3177 JrN 0 ,q MEMORANDUM OF UNDERSTANDING BETWEEN CANYON LAKES GEOLOGIC HAZARD ABATEMENT DISTRICT AND THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1. The Canyon Lakes Geologic Hazard Abatement District ("CHAD;") is a geologic hazard abatement district formed pursuant to the provisions of the Beverly Act of 1979 (California public Resources Code Sections 26500-26654). The CHAD is authorized, in accordance with the terms of its Plan of Control, to repair landslides within. the Canyon Lakes area, which includes the Canyon Lakes residential development and the Canyon Lakes golf course. 2. The Contra Costa County Flood Control and Water Conservation District ("Flood Control District")is responsible for the maintenance of certain facilities within Drainage Area 75 A consisting of drainage ponds and storm drains located within the Canyon Lakes residential development and Canyon Lakes golf course. 3. During the winter of 1995/96, a landslide occurred within the golf course alongside the #3 fairway ("the landslide'}- The landslide, which is partiallylocated within an earthen channel, damaged a buried 72" diameter concrete storm drain pipe ("the storm drain'). The storm drain operates to convey and discharge waters from several drainage ponds located upstream. 4. During 1996 and 1997 several attempts were made by the Flood. Control District and the Canyon Lakes Country Club ("Country Club"'), the ower and operator of the golf course, to stabilize the landslide and repair the storm drain. To date, the efforts expended towards repairing the storm drain and stabilizing the landslide have been unsuccessful. 5. The GRAD is willing to pay for the stabilization of the landslide on condition that the Flood Control District is also willing to pay for all engineering design, inspection, and construction work associated with the repair and improvement of the storm drain. The landslide repair and storm drain repair("the project")will include removing the existing end wall,relaying the disturbed or damaged portions of the existing storm drain, laying new pipe to extend the _t. ,al Slo 947 3177 NancY Cunninsham IZO03/005 09/29/98 09:38 existing pipe an additional 80 feet approximately downstream, placing fill over the storm drain and repairing the landslide'. The GHAD will take the lead on the project. The GHAD will obtain the necessary pennits and coordinate with all necessary parties to complete the project. The GHAD intends to expedite the project and to commence work within the next 10 days. 6. The GHAD will hire the contractor(s) needed to perform the work on the project and perform contract administration throughout the project. The Flood Control District will be given the opportunity to review the contractor(s) selection process and have input on selection of the contractor(s). The GRAD will require the contractor(s) selected to perform work on the project to provide indemnification and insurance covering the Flood Control District to the same extent as that provided to the GMAD, with an insurance certificate or endorsement naming the Flood Control District, its officers and employees as additional insureds concerning the project. 7. The GHAD will coordinate with the Country Club regarding all impacts the project will have on the golf course and obtain from the Country Club all necessary rights of entry and land rights, if necessary, for the landslide repair. The Flood Control District will be responsible for obtaining any land rights, if necessary, for the storm drain or storm drain extension. The GHAD will coordinate obtaining from the Country Club any,rights, of entry and land rights necessary for the storm drain repair or extension. The Flood Control District will be permitted to review any agreements entered into between the GHAD and the Country Club regarding the project. 8. The GHAD has contracted with ENGEO, Inc. to provide geotechnical services for the project. The GHAD will direct ENGBO, Inc. to do all the following: 1.) provide adequate design recommendations for both the landslide repair and storm drain repair/installation, 2.) review and approve all plans, .3.) inspect the work during the project, 4.) issue a final written report on the project upon completion including comments or recommendations for any special maintenance needs regarding the repaired slide area or storm drain, and 5.) provide indemnification and insurance covering the Flood Control District to the same extent as that provided to the GHAD, with an insurance certificate or endorsement naming the Flood Control District, its officers and employees as additional insureds concerning the project. -2. 09/29/98 09.3$ 510 947 3177 Nand Cunningh I am ig 004/005 9. The CHAD agrees to pay for the geotechnical investigation .and analysis, engineering design, inspection, fill and construction materials, and construction expenses associated with the stabilization of the landslide. The Flood Control District agrees to pay for the engineering design, inspection, pipe materials, sub-excavation, head walls, win- walls, or any other design, materials or construction work associated with repair of'the storm drain and extension of the storm drain approximately 80 feet downstream from the existing terminus. 10. The GRAD agrees to maintain all subdrains installed as part of the landslide repair work. Maintenance of the storm drain will be the exclusive responsibility of the flood Control District. 11. The estimated total cost of the landslide stabilization and storm drain repair and extension work is approximately $185,000, The landslide stabilization is estimated to cost approximately $112,500 and the cost of the storm drain repair and extension work is estimated to be $72,500. The Flood Control District does not currently have all of the funds necessary to pay its anticipated share of these costs. It is agreed that the G14AD will fund the entire project and that the Flood Control District will pay the CHAD its share of the project costs over the next three fiscal years as follows: the Flood Control District will pay 1/3 of its share of the costs during fiscal year 1998/99, 1/3 during fiscal year 1999/00 and the remaining 1/3 during fiscal year 2000/01. 12. In consideration of the agreement of the GHAD and the Flood Control District to perform the work set forth herein, the parties further agree to release all claims or causes of action that might exist in their favor against each other by reason of the previous attempts or failure or refusal by either of the parties to stabilize.the landslide and repair the storm drain and for any resulting damages. 13. The CHAD agrees that it will endeavor to enter into a separate written agreement with the Country Club setting forth the responsibilities of the Country Club in connection with the landslide stabilization and storm drain repair project. A copy of the unexecuted proposed agreement between the GHAD and the Country Club is attached hereto and labeled Exhibit "A". 14. The parties'agree that this Memorandum of Understanding shall serve as the entire agreement between them concerning the project. This agreement is subject to amendment or modification only by the written, mutual consent of both of the parties. .3. l LICENSE AGREEMENT FOR LANDSLIDE REPAIR THIS AGREEMENT is made and entered into this 15th day of September, 1998, by and between the CANYON LAKES COUNTRY CLUB(Referred to as "OWNER")and CANYON LAKES GEOLOGIC HAZARD ABATEMENT DISTRICT,a political subdivision of the State of California(referred to as "GHAD"). WITNESSETH: GI-LAD was formed under Section 26500 and following of the Public Resources Code for the purpose of abating geologic hazards in the Canyon Lakes area. OWNER owns certain real property within the boundaries of GRAD,as described or shown in Exhibit A attached hereto(referred to as the"Property"),which property is affected by a landslide, OWNER has requested that GHAD assist OWNER by repairing the landslide on the Property, and GHAD is willing to perform the necessary repair work under the terms and conditions of this Agreement. The CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (referred to as "FCD")owns certain flood control or drainage facilities affected by the landslide and has agreed to assist GHAD by designing and funding the portion of the repair work pertaining to replacement of FCD's facilities. 1`he purpose of this Agreement is to set forth the arrangement between the parties for the landslide repair work, as described in Exhibit B attached hereto(referred to as the"Work"). NOW,THEREFORE,the parties agree as follows: I OWNED grants to GHAD, its officers, employees,agents,contractors,and ronsultant,an irrevocable license to enter upon that portion of the Property described or shown in Exhibit attached hereto(referred to as the"Repair Area")and to perform the Work thereon. The permission hereby granted shall include without limitation the right to bring labor,equipment, vehicles,and l,,t supplies into the Repair Area and to perform all operations necessary or convenient to complete the &A# Work. �en -tliies c te�trfer------- , by the FG9- 2. To facilitate performance of the Work,OWNER also grants to GHAD, its officers, employees, agents,contractors, and consultants an irrevocable license to enter upon and use additional property or roads owned or controlled by OWNER, as describedd or shown in Exhibit D attached hereto (referred to as the"Access and Staging Area"). Such permission shall include without limitation the right to store equipment,vehicles,and supplies within the Access and Staging Area,to operate equipment and vehicles thereon,and to perform all operations necessary or convenient to complete the Work. License Agreement—Canyon Lakes CC Page I of 4 3. The irrevocable licenses granted hereby shall commence on the effective date of this Agreement and shall continue until.lune 313, 1999, or until the Work is completed,whichever occurs first. CHAD shall have the right to terminate this Agreement upon ten day's notice to OWNER. 4. Should a future landslide occur on the Property, whether such landslide represents a recurrence of the landslide covered by this Agreement or constitutes a new landslide,CHAD, in its sole discretion, may decide 'to repair such landslide, but shall not be required to do so. Nothing in this Agreement shall be deethed to impose on CHAD an obligation to repair future landslides on the Property or elsewhere within the boundaries of the GRAD. 5. In performing the Work,CHAD will instruct its contractors to take precautions to try to avoid causing additional or new damage to the Property or to the improvements(landscaping,walls, irrigation sprinklers and/or irrigation lines,walkways, pathways,etc.) located thereon. OWNER understands and agrees that CHAD shall not be held responsible or liable for protecting in place, damage to, or removal ofOWNER's personal property, appurtenances, improvements, or any part of the Property or Access and Staging Area, caused by or resulting from the performance of the Work or operations connected therewith, including without limitation damages resulting from obstruction of access, noise, dust,vibrations,or fumes, and OWNER knowingly waives the right to make any claim again GRAD, PCD,their officers, employees, agents, contractors,or consultants for such damages,except for damages caused by the gross negligence or willful misconduct of GRAD, FCD, their officers,employees, agents,contractors,or consultants. OWNER further warrants and represents that OWNER has no other right or claims to compensation arising out of or connected with the Work and agrees never to assert such a claim. OWNER expressly waives all rights provided by Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. OWNER shall defend, indemnify, save,and hold harmless GRAD, FCD,their officers,employees, agents, contractors,and consultants from any and all claims,costs,and liability, including reasonable attorneys fees, for any damage, injury,or death, including without limitation all consequential damages, from any cause whatsoever to persons or property arising directly or indirectly from or connected with the Work, save and except for claims,costs,or liability resulting from the sole negligence or willful misconduct ofGHAD, FCD,their officers, employees,agents,contractors,or consultants. 5. OWNED has reviewed the plans for the Work and understands that as a result of the Work, the surface drainage patterns will be modified and the terrain in the area will be modified. OWNER agrees not to change or otherwise modify surface drainage patterns upon completion of Work. 7. OWNER agrees to repair and replace any irrigation and irrigation related systems(controllers, valves,etc.)as well as any landscaping damaged by the landslide and/or subsequent work by the GHATS or it's contractor. CHAD is not responsible for the repair or replacement of any landscaping or irrigation systems. License Agreement—Canyon Lakes CC Page 2 of 4 _, & This Agreement and each and all of the covenants herein contained shalt inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto. 9. This Agreement shall be subject to modification or amendment only by the written, mutual consent of both parties. 10. a. All notices under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes as follows: (1) When delivered by first class mail, postage prepaid,notice shall be deemed delivered three(3)business days after deposit in the United States Mail. (2) When mailed by certified mail with return receipt requested, notice is effective on receipt if a return receipt confirms delivery. (3) When delivered by overnight delivery by a nationally recognized overnight courier, notice shall be deemed delivered one(1)business day after deposit with that courier. (4) When delivered by telecopy or similar means, notice shall be deemed delivered one(1) business day after the day it was transmitted by Telecopier or similar means, provided that a transmission report is generated by reflecting the accurate transmission of the notices. (5) When personally delivered to the recipient, notice shall be deemed delivered on the date personally delivered. b. The place for delivery of all notices given under this Agreement shall be as follows: OWNER: Canyon Lakes Country Club c/o Russ Dicks 640 Bollinger Canyon Way San Damon,CA 94583 GRAD: William R.dray&Co., Inc. 1820 Bonanza Street, Suite 204 Walnut Creek,CA 14596 Facsimile-(925)947-3177 or to such other addresses and facsimile numbers as any party may respectively designate by written notice to the others. I L This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. License Agreement—Canyon Lakes CC Page 3 of 4 - k i 12. If any term or provision of this Agreement shall, to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected. 13. The termination of this Agreement shall not affect the provisions of Sections 1, 4, S, 6, 7, 8 and 9 of this Agreement, which shall survive such termination. 14. It is understood that this document contains the entire agreement between the parties hereto relating to the landslide repair work,the use of the Property and the Access and Staging Area,and any other understandings or agreements,oral or written,of whatsoever nature concerning the matters contained herein are superseded by this Agreement and are hereby abrogated and nullified. IN WITNESS WHEREOF,the parties hereto have executed this License, in duplicate the day and year first above written. OWNER CANYON LAKES GEOLOGIC HAZARD ABATEMENT DISTRICT("GHAD") r By William R. Gray&Co., Inc. By General Manager Title By� Title By Title Approved as to form: Victor J. Westman,County Counsel By Deputy ATTACH APPROPRIATE ACKNOWLEDGEMENTS License Agreement—Canyon Lakes CC Page 4 of 4 _ (925) 283-1974 P.05 p-14-98 l i .©2P Michael Sands f EXIT A. 4`� � .. t 2 i• ,.±• p Yt,rrq`t\\� 2' �5=� r` ,�.j'���Z ;L- .t, 64 (� `'4�(y,�f)y- = r+df�� � 1�1 � S �i-ij •� Sj . I y i �Q'r� � �.��11 f�tf FIJI .�f '}�. � }, • r � �� " avt 1 9 f •� I�r1 �1 y°�G "1• �r • .r3•-. � �•+x� �i;J:i-gip. ' f A` .,.J.+-+^+ .""' {tti +)j +•"""'1 1 1, yt• � r 1 's V yam,, .,�rO •i f r+ i T• i .Sep-14-98 11 :05P Michael Sands (925) 283-1974 P.06 SECTIt N g. DESCRIPTION OMORK The work to be done consists, in general,of repairing a landslide with engineered fill, sub-drain systems,existing storm drainage system repair and extension, rc-vegetation of(lie slope and such other items or details, not mentioned above, that are required by the flans, Standard Specifications, or tl'tcse Spccta,l provislr:n tc be° ert`crrtncci, placed,cobstructed or int(AIed. SECTION'J 0. CONSTRUCTION DETAILS SECTION 10-1. GENERAL EXISTINC CRADC Sao PROPOSED MOGCfrEO GRADE �. t STORW DRAIN PIPE TO OE EX7ENVr0 BY APPROXt>ih'S LY tOO FEET PRESENT 9L10E SURFACE j 50- .✓ � 1 KEY1tAY 3IF8f{tEA:H 2< J POSTULAILD SL10E PLAN E OunET rk 09.4• Swttht{er 0utitr Ywco SUODRa IN 97 /f !C It"TORtlf bR CtN^Tcrro OUTLET 1,, 518.0, 524- TO ffitApu Vt0AM MSC vAoo eo ou ntt fmMv bt Rat"to 0a cdow uro I to Mom DAmm $,+t } 1 1 SECOf4wY CEOGRID- {y7ITyt0E EROSIOL4 TENSAR BX 1200, 4- LONC 5G0-- CWNTROL FABRIC AT FACE OF SL0PE j i ` 4IARY CEOCRIO- i 'r L...... ____.o�--... J. ``^�•.PRITENSAtt UX-1004 116, 4' TYPICAL W LONG 4' TYPICAL SECnONS AW ASID$-S' sYsrcrs ra:x3tt t+et01 (sxuxe t j+�. '.+�� CANYON LAKES Cl7tJl�I"MY CLUD taYc JULY t9f; } tt k{ '•xw6 E0 WATSON CAWON it ' . _8�N ftA.twtCJN.<:/1[1P%}Ftl'iSA w+�l 6liCKt/M. Rt J + 2 114 4 - J EXHIBIT C •`REPAIR AREA" S s i � Sc-P-14-98 11 :06P Michael Sarkis ' (925) 283-1974 P-07 7I ACCESS �i r} a• ()zROM I AKXVIRW CIRCLE) "ACCESS AND STAGING AREA ACCESS (FROM ADJACENT PROPERTY) ,v. >�X t." •• `""ate SLIDE AREA •` -,`�, "-s- s.1, S . w�wt�.M4Y'.+i1'iKr Vlw.�.•t. a h...-. a . 77- CONSTRUCTION AREA I � 47 64 f fx q t` !1 `i { y,'7.+r i� •ER 'R+�" Y'. 7.j•{ a(�: �a 7t5 X""°�;, Ej } s a3 oa rr i yw . +Y` " `� 4 ��y }., �j( �T�S J•.'�i;Y +ai 1^yY ` . �aY•`�• to r a f � ^"1 jr ��,eaG� �ty�,it'.t .t t'y✓' .�� i ACCESS �� �1• (FROM CANYON iAIRItE) - .. • :' } � 4�Via`• ''r-;• . 21 • .Y ~` ti fj{I*#;•fit .+.' it" • a it ••,F � `'j..`wl�..,w(# •�, t •fir• •. ♦♦'f(" ` �, ; .t*'�•, �� � '�`'�t"� t. `� `f` +f I+µ .J.- `�� `- ••y:�k'"• r f�aMw� �+: ..a.i: � f� i .� � •� a r - • L Y d^ ,}= u.e,�4 '' AL s�4}lv,,,�L_� �' k� " �• ' ^s,� C «: ,._._.ci :�•t 'Si 3u i� . } i'r" ":.-3�� '.'�'� IF"m CANYON LAKES COUNTRY CLUB California Kosaido. Inc. 640 Bollinger Canyon Way San Ramon, CA 94583 (510) 735-6511 FAX (510) 735-5114 �G' �y n v'�y �Q� ti`v ��.;-�t T ir; ;}"�t.r �3/S-tc i�-� j �f G✓ +c.�>,r.� �r s-a t'+r-� s�i� �S' 7�`� -�.ti� �'i � � �r t� ,vt� C'o.S�'m�.tet�`5 ,�-S" ..�J'7:r y �d �. 7t"�'�✓�k''�,c-� rte�" �'c1�rr 7.�y7�'�?G"� �7 Recorded at the request of: r Contra Costa County Return to: Contra Costa County Public Works Dept Beal Property Division 255 Glacier Drive Martinez, CA 94553 Attention: C. Pifla-Sandoval THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 6, 1998 by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 98/512 Resolutionof Termination of Offer of Dedication (S. & H. Code § 8330 et. Seq.) SUBJECT: Termination of Offer of Dedication of Storm Drain Easement within Subdivision 4561, Alamo Area, W.O. L84A CDD-CP#98-68 The Board of Supervisors of Contra Costa County RESOLVES THAT: This Termination of an Offer of Dedication of a certain storm drain easement not required for drainage purposes is made pursuant to Government Code Section 66477.2(c) and to Division 9, Part 3, Chapter 4 of the Streets and Highways Code,(commencing with Section 8334, et. seq. A description of the offered area to be terminated is attached hereto as Exhibit "A" and incorporated herein by reference located in the Alamo area. This termination of an offer of dedication is for a storm drain easement which has not been used for the purpose for which it was dedicated for five consecutive years immediately preceding the date of this action. (S. & H. Code Section 8333). Considering all facts before it, this Board FINDS there is no reasonable probability that the County will accept the public service easement into the County'drainage system, that no public money has been expended for maintenance of the 'offered drainage easement, and that it is in the best interests of the County and the public that the offered area be privately owned and maintained. RESOLUTION NO. 98/ 512 _ _ _ _.. This Board hereby FINDS that the proposed termination will not have a significant effect on the environment, and that it has been determined to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b)(3) of the CEQA Guidelines. This Board DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk, and DIRECTS the Public Works Director to arrange for payment of the $25.00 handling fee to the County Clerk for filing the Notice of Exemption. This Board having considered the general plan, FINDS that in accordance with its Resolution No. 811522,this termination is minor in nature and is therefore exempt from general plan conformance review. This Board hereby TERMINATES the hereinabove described offer of dedication and ABANDONS the right of the County to accept said offer. The Board is not aware of any existing in place utilities in the subject area. The Real Property Division is ORDERED to record a certified copy of this Resolution in the office of the County Recorder. From and after the date this resolution is recorded, the offer of dedication is terminated and the County's right to accept offer is abandoned. Orig. Dept.: Public Works (RCP) cc: Public Works -C. Pifia-Sandoval Accounting(via R/P) Maint. (via RIP) Records (via RIP) Road Engineering (via RIP) Design(via RIP)J. Frattini County Counsel Community Development Recorder(via RIP) EBMUD, Land Management Div. Pacific Cas and Electric Attn: Land Department Pack Bell 2600 Camino Ramon, Rm: 3N8501, San Ramon, CA 94583 Applicant: Charles K. Schoenberger 1528 St.Alphonsus Way Alamo, CA 94507 RDB:csp G:1GrpDatatReelProp198-8\V45SEsmt.doc (Form updated 7/97) F 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: ' " �i L ' PHIL BATCHELOR, Clerk of the Board of Supervisors and C iunty Administrator »y �'� '�/,_.. Deputy RESOLUTION NO. 98/ 512 Termination of Offer of Dediceiton Storm Drain Easement Subdivision 4589 (173M22) Permit Number 405-98 Exhibit `A' Being a portion of Subdivision 4561 recorded September 26, 1974, in Book 173 of Maps at Page 22, Contra Costa County, California, described as follows: Being all of the °10" Storm Drain Easement" on Lots 1 through 9 as shown on said subdivision map. This legal has been prepared by me or under my direction in conformance with the Professional Land Surveyors Act. Signature icens and Surveyor Contra Costa County Public Works toE .x,_av Date . -07r--,-9 CF Of C R2:.d a:sc AEXHSTSUuaesef.aae `1'6: BOARD OF SUPERVISORS i.,t.• FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: OCTOBER 6, 1998 SUBJECT: BUCHANAN FIELD AIRPORT—TFG #201 —ESTOPPEL CERTIFICATE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACMROUND AND JUSTIFICATION 1. Recommended Action: APPROVE and AUTHORIZE the Public Works Director to SIGN, on behalf of the County, an Estoppel Certificate stating that the lease between County, as landlord, and TFG#201, as tenant, for premises at the Buchanan Field Airport, is not in default, and that the information contained in the Estoppel Certificate is factual. IL Financial Impact: There should be no financial impact related to the signing of the Estoppel Certificate. Continued on Attachment: X SIGNATURE, I tf/i✓ ' _. RECOMMENDATION OF BOARD COMMIT`T'EE APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON O�,tober 6, 19% APPROVED AS RECOMMENDED X � VOTE OF SUPERVISORS I hereby certify that this is a true and correct X UNANIMOUS(ABSENT Notre ) copy of an action taken and entered an the AVES: NOES: minutes of the Beard of Supervisors on the ABSENT: ABS'T'AIN: date shown. / DLM:DRA: t/ C:�"�•A' J L t2,9 . Bt37SDC.tlO.doc ATTI~ "�' {� Orig.Div: Public Works(Airports) �t !� Contact: (Dick R.Awenius ext.6-5722) PH �i IL CiATCt-16L'Wrl, lii£`iK of the Go_'ird c: County Administrator of Supervisors and Cuunty Administrator Public works Director Public tor/Worksntro Accounting By � .. .. - Deputy AuditorlControiter /�'.� �'-�e--�'� � Aviation Advisory Committee(via Airport) Federal Aviation Administration(via Airport) TFG#201,Tenant(via Airport) StB JELT: BUCHANAN FIELD AIRPORT—TFG #201 —ESTOPPEL CERTIFICATE DATE: OCTOBER 6, 1998 PAGE: TWO IJI. Reasons for Recommendations and Background: In 1992, Reynolds & Brown entered into a ground lease with the County for the 13.3-acre Airport Center site at the Buchanan Field Airport. Reynolds & Brown then subdivided the site into four commercial development sites, including Sam's Club, Sportmart, Jiffy Lube and Taco Bell. Reynolds & Brown subsequently assigned the lease to TFG#201. TFC#201 now desires to refinance the property with a new lender. The lease provides that each party will sign an Estoppel Certificate upon request by the other party. Staff considers the information on the Estoppel Certificate to be correct. IV. Consequences of Negative Action: The Estoppel Certificate will not be signed, and the County will be in violation of the lease. TO: BOARD OF SUPERVISORS '. Z FI;tCIM J. MICHAEL WALFORD,PUBLIC WORKS DIRECTOR DATE: October 6, 1998 SUBJECT: Approve Buchanan Field Airport Taxiway and Resurfacing (Repairs) Project, Concord Area. Project No. 4855-6X5304 CDD-CP #98-67 Specific Request(s) or Recommendation(s) & Background & Justification I. RECOMMENDED ACTION: APPROVE Project, and DETERMINE that the project is a California Environmental Quality Act (CEQA) Class 1d Categorical Exemption, and DIRECT the Public Works Director to prepare contract plans and specifications for construction. DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON y APPROVED AS RECOMMENDED VOTE OF SUPERVISORS X UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: 1 hereby certify that this is a true and correct copy of an action taken and entered on the g:tdesign\b6buchfield air l0-9.98.doc minutes of the Board of Supervisors on the Orig.Div: Public Works(Design Division) da;p shown. Contact: Melissa Morton(313-2125) ATTESTED: cc: County Administrator Attn: E.Kuevor PHIL BATCHELOR, Clerk of the Board Auditor-Controller PWAccounting of Supervisors and County Administrator Construction r CommunityDevetopment-A.Woods y J li•ri a Via.„ Deputy J.t=rattird,Design SUBJECT: Approve Buchanan Field Airport Taxiway and Resurfacing (Repairs) Project, Concord Area. Project No.4855-6X5304, CDD-CP # 98-67 DATE: October 6, 1998 PAGE: 2 DIRECT the Public Works Director to arrange for payment of the $25.00 handling fee to the County Clerk for filing of the Notice of Exemption. 11. FINANCIAL IMPACT: The estimated project cost is $9,425,000, funded by Federal Aviation Administration Airport Improvement Program grant monies (90°l%), State of California (4.5%) and County Enterprise funds (5.5%) Ill. REASONS FOR RECOMMENDATION/BACKGROUND: The project includes reconstructing and resurfacing existing deteriorating pavement surfaces, installing taxiway lighting and constructing new taxiway for Flight Based Operations (FBO). It is needed to restore and rehabilitate deteriorating facilities or install mechanical equipment to meet current standards of public health and safety. The project has been determined to be in compliance with the GeneralPlan and is exempt from CEQA because all work will occur in previously disturbed areas and will not result in an expansion of use beyond previously existing uses. IV. CONSEQUENCES OF NEGATIVE ACTION: Delay in approving the project will result in a delay of design and construction and may jeopardize funding. TO: BOARD OF SUPERVISORS FROM: J. MICHAEL V'JALFORD,PUBLIC WORKS DIRECTOR DATE: October 6, 1998 SUBJECT: Approve the Byron Airport Automated Weather Observing System Project, Byron Area. Project No. 4875-6X5339 CDD-CP #98-66 Specific Request(s) or Recommendation(s) & Background &Justification 1. RECOMMENDED ACTION: APPROVE Project, and DETERMINE that the project is a California Environmental Quality Act (CEQA) Class If Categorical Exemption, and DIRECT the Public Works Director to prepare contract plans and specifications for construction. DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON 0--tober 6, 199 AP'P'ROVED AS RECOMMENDED VOTE OF SUPERVISORS XUNANIMOUS(ABSENT Nme_ } AYES: NOES: ABSENT: ABSTAIN: g:ldesgntmlhyronafr106.98.doc 1 hereby certify that this Is a true and correct copy of an action taken and entered on the Orig.Div, Public Works(Design Division) minutes of the Beard of Supervisors on the Contact: Melissa Morton,(313-2225),Design date St1iJWn. W. County Adminisiretor ,,; ,. ,. ,? Attrr.udi E.KuaATTE�TED: Auditor-Ccntrdlraf3er ..a. PW Accounting PH'tl BATsi;;�HEl.,0"R, Clir:ik C<i ho, Board Construction community Development-A.Woods of Supervisors and County Administrator 3.Frattini,Design By ,.�-Z / ----Deputy SUBJECT: Approve the Syron Airport Automated Weather Observing System Project, Concord area. Project No. 4875-6X5339, CDD-CP #98-66 DATE: October 6, 1998 PAGE: 2 DIRECT the Public Works Director to arrange for payment of the $25.00 handling fee to the County Clerk for fling of the Notice of Exemption. 11. FINANCIAL IMPACT: The estimated project cost is $195,000, funded by Federal Aviation Administration Airport Improvement Program grant monies (90%), State of California (4.5%), and County Enterprise Funds (5.5%) Ill. REASONS FOR RECOMMENDATIONIBACKGROUND: The project includes installation of an Automated Weather Observing System. It is needed to improve air traffic safety. The project has been determined to be in compliance with the General Plan and is exempt from CEQA because the project consists of minor alteration of an existing facility involving no expansion of use beyond previously existing uses. IV. CONSEQUENCES OF NEGATIVE ACTION: Delay in approving the project will result in a delay of design and construction and may jeopardize funding.