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MINUTES - 02102004 - C6-C9
..........I.......................................................... ............. .............................................................. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 10, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE TRAFFIC RESOLUTION NO. 2004/4051 ABSTAIN: NONE Supervisorial District 11 SUBJECT: Pursuant to Section 22507 of the California Vehicle Code declaring parking to be prohibited at all times on the south side of San Pablo Avenue (Road No. 0971C), Crockett area. The Contra Costa Board of Supervisors RESOLVES that: On the basis of a traffic and engineering survey and recommendations thereon by the County Public Works Department's Traffic Engineering Division, and pursuant to County Ordinance Code Sections 46-2.002-46-2.012, and to assist the California Department of Transportation in establishing a no parking zone in an emergency area,the following traffic regulation is established (and other action taken as indicated): Pursuant to Section 22507 of the California Vehicle Code parking is hereby declared to be prohibited at all times on the south side of San Pablo Avenue (Road No. 0971C), beginning at the center line of the intersection of Merchant Street(Road No.2295D)and extending westerly a distance of 420 feet, Crockett area. Traffic Resolution# 1444 pertaining to the existing parking prohibition is:hereby rescinded. MA-.je G:\GrpData\TransEng\2004\BO-7814051-0971 C.doc; I hereby certify that this is a true and correct Copy Orig.Dept.: Public Works(Traffic) of an action taken and entered on the minutes of Contact: Jerry Fahy(313-2276) the Board of Supervisors on the date shown. cc: California Highway Patrol Sheriffs Department ATTESTED: FEBRUARY 10, 2004 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By Deputy TRAFFIC RESOLUTION NO. 2004/4051 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on February 10, 2004 by the following vote: AYES: SUPERVISORS GIOIA,; UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 73 SUBJECT: APPROVE and AUTHORIZE the Public Works Director to submit four 2004/2005 Transportation Development Act Grant Applications to the Metropolitan Transportation Commission in the amount of $481,000 for Fiscal Year 2004/2005 for the Pacifica Avenue Asphalt Concrete Path/Curb Ramp, San Pablo Darn Road Sidewalk - Final Phase (between May Road and Greenridge Drive), Bethel Island Boulevard Sidewalk, and Bicycle and Pedestrian Safety Education projects, Countywide. WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et sem, authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 875, Revised, entitled "Transportation Development Act, Article 3, Pedestrian/Bicycle Projects," which delineates procedures and criteria for submission of requests for the allocation of"TDA Article 3"funding; and 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. AS:asJe G:\GrpData\TransEng\GRANTS\TDA\TDA 04-05\BR TDA 04-05 Applications.doc ATTESTED: FEBRUARY 10,< 2004 Orig.Dept.: Public works(TE) JOHN SWEETEN, Clerk of the Board of Supervisors and Contact; AI Schaal(313-2234) County Administrator cc: S.Kowalewski,TE B Fernandez,TE C.Raynolds,PW Accounting By ,Deputy: Resolution No. 2004/ 73 SUBJECT: 2004/2005 Transportation Development Act Grant Applications DATE: February 10, 2004 PAGE: 2 WHEREAS, MTC Resolution No. 875, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, the CONTRA COSTA COUNTY desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, therefore, be it. RESOLVED, that the CONTRA COSTA COUNTY declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore,be it. RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the CONTRA COSTA COUNTY to carry out the project; and furthermore,be it. RESOLVED, that the CONTRA COSTA COUNTY attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it. RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of CONTRA COSTA COUNTY for submission to MTC as part of the countywide coordinated TDA Article 3 claim. Resolution No. 2004/ 73 .....................................................................................I............................................................................................. Attachment A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2004/2005 Transportation Development Act. Article 3. Pedestrian/Bicycle Project Funding Findings page I of I 1. That the CONTRA COSTA COUNTY is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act(TDA) Article 3 funds,nor is the CONTRA COSTA COUNTY legally impeded from undertaking the project(s) described in Attachment B of this resolution. 2. That the CONTRA COSTA COUNTY has committed adequate staffing resources to complete the project(s)described on Attachment B. 3. A review of the project(s)described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances,attendant to the successful completion of the project(s). 4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested. 5. That the project(s)described in Attachment B comply with the requirements of the California Environmental Quality Act(CEQA, Public Resources Code Sections 21000 et seq.),and that the CONTRA COSTA COUNTY is in possession of the document(s), or will have by June 2004, supporting such compliance, said document(s)having been made available to for public review and stamped by the County Clerk or County Recorder of the county in which the claimant is located. 6. That as portrayed in the budgetary description(s)of the project(s) in Attachment B,the sources of funding other than TDA are assured and adequate for completion of the project(s). 7. That the project(s)described in Attachment B are for capital construction and/or:design engineering; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic;and/or for the purposes of restriping Class 11 bicycle lanes; and/or for the development or support of a bicycle safety education program;and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan,and an allocation of TDA Article 3 funding for such a plan has not been received by the CONTRA COSTA COUNTY within the prior five fiscal years. 8. That the project(s)described in Attachment B,which are bicycle projects that have been included in a detailed bicycle circulation element included in an adopted general plan,or included in an adopted comprehensive bikeway plan(such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et sea.). 9. That any project described in Attachment B that is a"Class I Bikeway,"meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual. 10. That the project(s)described in Attachment B are ready to commence implementation during the fiscal year of the requested allocation. 11. That the CONTRA COSTA COUNTY agrees to maintain,or provide for the maintenance of,the project(s)and facilities described in Attachment B,for the benefit of and use by the public. Resolution No. 2004/ 73 _. Resolution No. 2004/ 73 Attachment B page i of 52 TDA Article 3 Project Application Form Fiscal Year of this Claim:200412005 Applicant: Contra Costa County Contact person:Al Schaal E-Mail Address:eschaal r@pw.co.contra-costa.ca.us Telephone: (925) 393-2234 Secondary Contact lin event primary not available): Warren Lai E-Mail Address:wlaia@pw.co.contra-costa.ca.us Telephone: (925)393-2008 Short Title Description of Proiect:Bethel Island Boulevard Sidewalk Amount of claim:$69,000 Functional Description of Protect: This project in the Bethel Island area consists of installing a five foot wide sidewalk along the east side of Bethel Island Boulevard from the Post Office parking lot south for 400 feet to the end of the existing sidewalk. This will provide an all weather area outside of the travel way for pedestrians to access the Post Office. The Post Office is approximately 1,000 feet north of the center of the Bethel Island Business District. This project will connect the existing sidewalk in the business district with the sidewalk in front of the Post Office. Financial Plan: List the project elements for which TDA funding is being requested(e.g.,planning,environmental,engineering,right-of-way, construction,construction management,contingency). Use the table below to show the project budget. Include prior and proposed future funding of the project. If the project is a segment of a larger project,include prior and proposed funding sources for the other segments(make certain the use of the currently requested funding is made clear in the°Project Elements"section below,and include any other clarifying information on the next page). Project Elements:planning, engineering, right-of-way, construction, construction management and contingency. Funding Source All Prior FYs A kation FY Next FY Following FYs Totals TDA Article 3 $69,000 $69,000 Est all otter sources: 1. Totals $69,000 $69,000 Resolution No. 2004/ 73 ....................................................................................................................................................................................... .......................................................... Resolution No. 2004/ 73 Attachment B page 2 of 52 TDA ARTICLE 3 PROJECT APPLICATION FORM Project Eligibility: YES?INO? A. Has the project been approved by the claimant's governing body? (H ftNO,"on the next page provide the No approximate date approval is anticipated), B. Has this project previously received TDA Article 3 funding? If"YES,"provide an explanation on the next page, No C. For"bikeways,""does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the NIA California Highway Design Manual?(Available on the internet at: httP,://Www.dot.ca-oov/h g1bcha0/hd -I rs/tloolhtm , tp:l/www.dot.ca.govlholorpd/hdmlcha Pe D. Has the project been reviewed by a Bicycle Advisory Committee?(If"NO,'provide an explanation on the next page). Yes E. Has the public availability of the environmental compliance documentation for the project(pursuant to CEQA)been No evidenced by the dated stamping of the document by the county clerk or county recorder? (if"NO"provide and explanation on the next page;and note that MTC cannot allocate funds to a project which lacks environmental clearance). F. Will the project be completed within the three fiscal year time period(including the fiscal year of funding)after which Yes the allocation expires? Enter the anticipated completion date of project(month and year). May,2005 G. Have provisions been made by the claimant to maintain the project or facility,or has the claimant arranged for such Yes maintenance by another agency? (if an agency other than the Claimant is to maintain the facility provide its name:) Explanatory Comments Short Title Description of Project: Bethel Island Boulevard Sidewalk. Enter explanatory comments below, as required due to certain"YES"or"NO'answers to items'A"through V on the Project Application Form,or to provide information that will not fit on the application form,or to provide information that will clarify any potential confusion concerning the scope,cost or schedule of the project. A: The Board of Supervisors will approve the project on or before April 27, 2004. E. The Environmental Document will be completed prior to April 27, 2004. Project location maps, a project limits map, and two photos are attached. Resolution No. 2004/ 73 Resolution No. 2004/ 73 Attachment B page 3 of 52 Existing,Condition: Bethel Island Boulevard was improved via an assessment district in 9965. The improvements included roadway pavement and concrete curbs but no sidewalks. Since then sidewalk has been installed in the business district by the property owners. Sidewalk has not been installed in front of the undeveloped lots. The Bethel Island Business District extends along Bethel Island Boulevard from Cottage Lane to just south of Dutch Slough Road. There is no mall delivery on Bethel Island, so all of the residents and business on Bethel Island have a Post Office Box. The residents of Bethel Island have purchased land at southeast corner of the Ranch Lane Bethel island Boulevard intersection to develop as a park. It is approximately 750 feet from the end of the proposed sidewalk to the park site. Proiect Needy The lack of postal delivery makes the Post Office an important feature on the island. People from the business district and people from the residential areas along Stone Road and Taylor Road walk to the Post Office to get their mail. As can be seen in the photos they have created a well-defined path behind the curb. touring and after rainstorms the path becomes muddy and the pedestrians walk on the road pavement. Providing a concrete sidewalk will remove the pedestrians from the road pavement, making it safer for the pedestrians, bicyclists and motorists. 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F , r { • � ...... ,< f }°C„�r a� } { �oto'� ff rf- }y '.�„;� •, p ` • fr�..5f r � _.t .�,',tia� J p� kk,F �fT'p�{ f 4 � '}, '2�>o f yf:.' ,.. ., -' ......�•}�' �./ �eF!? d� �F� ,��f� F,Jz�}� f jht �{,y tf • 1 s •! < 2 ff f, F l }/JTff{� ?� ( '�' d'}c q �'� f { � f 4 F. �} RESOLUTION NO.2004/ 73 Attachment B page 9 of 52 TDA Article 3 Project Application Form Fiscal Year of this Claim:2004-05 Applicant:Contra Costa Health Services Contact person:Nancy Baer.injury Prevention Program Manager E-Mail Address:nbaer*hsd.co.contra-costa.ca.us Telephone:925-313-6837 Secondary Contact:Kevin Corrigan,Program Administrator E-Mail Address:kcordaaOhsd.co.contra-costa.ca.us Telephone:925-313-6815 Short Title Description of Project:Bicycle and Pedestrian Safety Education Proiect Amount of claim.$20,f)00 Functional Description of Project: Contra Costa Health Services will provide bicycle and pedestrian safe education to low-income resider 'of Contra Costa Coup particularly children. Financial Plan:See below Project Elements:Contra Costa Health Services will provide bicycle and pedestrian safety education to lore-income residents of Contra Costa County, articular) children.Activities for 04-05 will include the Bicycle Helmet Bank Bike Das Saf@V Events Traffic Safety Education and Walk to School Events Funding Source All Prior FYs A lication FY Next FY Followir► FYs Totals TDA Article 3 $211,062 $20,000 $231,062 listen other sources: 1.CCHS $121,750 $15,221 $136,971 2. 3. Tads $332,812 $35,221 1$368,033 Project Eligibility: YES?!N£}? A. Has the project been approved by the claimant's governing body? (If"NO,"on the next page provide the N/A approximate date approval is anticipated), B. Has this project previously received TDA Article 3 funding? if"YES,"provide an explanation on the next page. Yes C. For"bikeways,"does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the N/A California Highway Design Manual?(Available on the intemet at: h!tp://www.dot.ca.00v.tcVor)pdlhdm/chapILr§t 0001,htm). D. Has the project been reviewed by a Bicycle Advisory Committee?(If"NO,"provide an explanation on the next page). Yes E. Has the public availability of the environmental compliance documentation for the project(pursuant to CEQA)been N/A evidenced by the dated stamping of the document by the county clerk or county recorder? (If"NO"provide and explanation on the next page;and note that MTC cannot allocate funds to a project which lacks environmental clearance). F. Will the project be completed within the three fiscal year time period(including the fiscal year of funding)after which Yes the allocation expires? Enter the anticipated completion date of project(month and year) G. Have provisions been made by the claimant to maintain the project or facility,or has the claimant arranged for such N/A maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name: Resolution No. 20041 73 _ .. ......... ......... ......... ......... ..........._...... _ . .. ........._. .._...... ......... ......... . ........ ......... ......... ......... ......... ......... ......... _._ . . ......... ......... ......... ......... ........... .................... Resolution.No. 2004/ 73 Attachment B page 10 of 52 TDA Article 3 Project Application Form Explanatory Comments Page Short Title Description of Project: Bicycle and Pedestrian Safety Education Project Enter explanatory comments below, as required due to certain"YES"or"NO"answers to items"A"through "G"on the Project Application Form,or to provide information that will not fit on the application form, or to provide information that will clarify any potential confusion concerning the scope,cost or schedule of the project. B. For several years, Contra Costa Health Services has received TDA funding to conduct annual bicycle and pedestrian safety activities benefiting law-income Contra Costa residents. D. The preliminary application was submitted to the County Bicycle Advisory Committee for review. The CBAC supported funding this project at the maximum allowable by TDA Article 3 guidelines(5%of total fund). See also attached Project Description Resolution No. 20041 73 Resolution No. 2004/_73 Attachment B page 11 of 52 Contra Costa Health Services Community Wellness&Prevention Program Proposed Bicycle and Pedestrian Safety Education Projects,FY 2004-2005 Pro iect Deseription. Contra Costa Health Services Community Wellness&Prevention Program(C'W&PP)proposed 04- 05 TDA Article 3 Bicycle/Pedestrian Safety Project will continue core bicycle and pedestrian safety educational activities in school and community settings. These include the Contra Costa Helmet Bank,Bike Days Events, Walk to School events, and Traffic Safety Presentations as described in the next section. This year, TDA funds will help implement educational recommendations developed by the West Contra Costa Safe Communities Project—specifically the Street Smarts traffic safety education campaign which will kick off in early 2004. Proiect Activities. Contra Costa Helmet Bank C W&PP will continue to administer the Contra Costa Helmet.Bank and provide:educational materials about helmet use and the California Helmet Law. Approximately 950 helmets will be provided to children of low-income Contra Costa families to promote bicycle safety. Helmets distributed through the Helmet Bank are individually fitted to each child by trained personnel and supplemented by one-on-one education, a parent pledge, and take-home materials about correct helmet use. During the 2004 -05 fiscal year,we will again prioritize specific groups for helmet distribution to maintain our effectiveness in reaching low-income groups, as follows. Contra Costa Fire District's Bikes for Tykes program-CW&PP will provide approximately 250 helmets during the holiday season. Bikes for Tykes is a holiday gift program for children of families participating in several of the larger county-wide social service programs. Law Enforcement and Communes Groups--CW&PP will provide helmets to Law Enforcement Agencies and Community Csroups who conduct bicycle safety education with helmet distribution.These groups will be provided with verbal instructions,written safety tips and the Parent Pledge to help insure that helmets are fitted properly and there is a family commitment to wear them. Contra Costa Bike Days Safety Education Events CW&PP will provide at least ten groups throughout the County with technical assistance,equipment and materials to help them conduct bicycle safety education events. This includes use of the Safe Moves Trailer and Bike Days guide. These items enable school and community groups to conduct a Bike Days "Rodeo" consisting of a series of safety skills training stations that each child Resolution No. 20041 Resolution No. 2004/ 73 Attachment B page 12 of 52 must successfully complete. Some stations foster the physical skills necessary for safe cycling while others teach rules of the road and traffic skills. Parents are encouraged to accompany their children through the rodeo course, so they can model and reinforce traffic skills. The Parent Pledge and written safety tips are also provided. Walk to School events Walk To School events will be conducted in selected schools as part of a coordinated package of bicycle and pedestrian safety education(see below). In addition, CCHS will contact all elementary school PTA presidents to alert them to "Walk to School" event promotional materials available on- line through the state Walk to School headquarters. This international movement was created to encourage more children to walk to school and highlight safety concerns on routes to school,and the materials will assist the schools in conducting their own event. Traffic Safety Presentadons In two selected Contra Costa communities, CW&PP will provide classroom traffic safety presentations based on a comprehensive traffic safety curriculum developed by CCH . The curriculum emphasizes pedestrian and bicycle safety,encourages hiking and walking, and includes safety practices for using scooters, skateboards,and inline skates. In these schools,at least one bicycle rodeo, and walk to school event will be conducted by CCHS to enhance the classroom presentations. In addition to students, faculty, and parents will be encouraged to participate. In all of these activities,posters and other give-aways developed by the West Contra Costa Street Smarts Campaign will be included to emphasize traffic safety messages. Materials to be used in educational activities Bike Days Guide Top Ten Bike Safety tips "Walk to School" materials Total budget for these projects is$20,000 including personnel costs and helmets. Please see attached line-item budget. Resolution No. 20041 7 ...................................................................................................................................................................................................... .......................................- Resolution No.2004/ 73 Attachment B page 13 of 52 Bicycle and Pedestrian Safety Education Project TDA FY 04-05 Proposal Personnel Requested Match Total Project Manager .15 FTE $11,182 $11,182 Project Coordinator .25FTE $9,970 $9,970 Clerical AOFTE $3,032 Fringe $3,205 $4,570 $3,205 Total Personnel $13,175 $18,784 $31,959 Qperating Expense $750 $750 Supplies Bicycle Hehnets $6,825 Total $20,000 $19,534 $39,534 Resolution No. 2004/ 73 ................... ...........-......-.... ...... ------ ................................. Resolution No.2004/ 73 Attachment B page 14 of 52 TDA Article 3 Project Application Form Fiscal Year of this Claim: 2004 Applicant: Contra Costa County Public Wo—,rks Pe Contact person:JormHemandez E-Mail Address:JHem&gdftwqo.Lgntr8-costg.ca.us Telephone:j92 )313-234 Secondary Contact(in event primary not available) Warren Lai E-Mail Address-.MAtPpw.coxontra:2Zs_ta.ca.us Telephone:Q25LI13-2008 Short Title Description of Project:San Pablo Dam Road Sidewalk-r=ival Phase(a GMgyn gby_een May Road and _LdgeLJ nve Q. Amount of claim: 20S 1,000 Functional Description of Project: Th ect consists of ggagmOng q ro imately 344 feet of sidewalk L4.5 ft. wide &A the so Lie f a ML_ M x I wfth curb and atftr n e s d_o S PaUko Dam RQO, ggggggi An the newt y constructed sidewalk eadftn gt the Lnkje_cfion with May road and the kxIs_Unq sidewalk at the comer of Greenlet ge Wye and San PaP12 Dam Road. The gx_isfing Width of the trayet lanes on the Ogtkod side of San P Dam Rod.wig reg Lin the same but an gistin bike lane stet q will need to be extended from Aday EW to Greendde Dive. To 9- accommodate the sidewalkan additional 2 feet of fight-of-way will need to be acguired along the length of the PMLect. The 2MIgct wilt also ing/tdo installing a small retain th,be N wall, 4Q feet in len inning at the intersection of San Pablo Dam Rog and GmeaMge Ddve and ending at the first rivets - _ Un &eway on San Pablo Cam Road, west of tho4ntersecOax Six dMway conforms are nee ed to m -grade difference between the back eke alk andithe qx_igfing dfiveways. In smooth W the of the sidewalk qO DaRoad and an 1.60 storm drain,(RCP addition a qMjqM inlet will need to be installed at 4736 San Pablo Dam-- I _J wig extend from if 260 feet east intersection of Greenfidge Road and San Pablo Dam Road. ,to an existing manhole at Me ir Closing the ggL&ALelagO and Gwn-doge Qft is P k 02 between May R wt of an overall effort tommidethildren safe access to the their agthbod Current pedestrians, from the Greenfidqe b-d dsion,must share the road with automobiles to get to ,wd schools Curre_ _ -__-gL �_ the schools on May Road and the bus st=along San Pablo Dam Road. This"ro osed shod stretch of sidewalk would eliminate this g6gV conflict. Financial Plan: List the 2rel ac t elements for which TDA fund' g is being requested(e,g.,pianning,environmental,engineering,r!O L-of-wa construction construction management,cont' Mncy). Use the table below to show the p[Wgct bet. Include 12tior and prowsed future fundi n • inct e 12d r W pMposed fundin Ku a of the pLoject. If the pro[ect is a rant of a larger kroiMt, ud o fur d- g _rces for the others eats fsnake certain the use of the currently Muested fung(im is made ohm in the"Pro eat Elements"section below,and include arty other clarifying information on the next page). Pro`lct Be W, Elements: glanning,en dght of w&Z aqggi�siftdn,construction,construction mane em t and contingencies. Funding Source All Prior FYs Application FY Next FY FollowipFYs Totals TDA Article 3 $261,000 $201,000 List all other sources: I.local Funds $371,864 g000 $384,864 2.Safe Routes to Schools Fund $202,838 $202,638 14. Totals $574,502 $214,000 $788,502 Resolution No. 2004/ 73 Resolution No. 2004/ 73 Attachment B page 15 of 52 Project Eligibility: YES?/NO? A. Has the project been approved by the claimant's governing body? (if"NO,"on the next page provide the YES approximate date approval is anticipated). B. Has this project previously received TDA Article 3 funding? If"YES,"provide an explanation on the next NO page. C. For"bikeways,"does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 YES of the California Highway Design Manual?(Available on the internet at: htto:l/www.dot.ca.gov/ha/oppftdm/chaoterslt1001.htm). D. Has the project been reviewed by a Bicycle Advisory Committee?(if"NO,"provide an explanation on the YES next page). E. Was the public availability of the environmental compliance documentation for the project(pursuant to YES CEQA)been evidenced by the dated stamping of the document by the county clerk or county recorder? (If"N©"provide and explanation on the next page;and note that MTC cannot allocate funds to a project which lacks environmental clearance). F. Will the project be compieted within the three fiscal year timeperiod(including the fiscal year of funding) YES after which the allocation expires? Enter the anticipated completion date of project(month and year). (lctober.;2005 G. Have provisions been made by the claimant to maintain the project or facility,or has the claimant YES arranged for such maintenance by another agency? (if an agency other than the Claimant is to maintain the facility provide its name: Explanatory Comments Short Title Description of Project:San Pablo Dam Road Sidewalk Ga Closure (Between May Road and Greenridge Drive). Enter explanatory comments below,as required due to certain"YES"or"N4"answers to items"A through"G"on the Project Application Form,or to provide information that will not fit on the application form,or to provide information that will clarify any potential confusion concerning the scope,cost or schedule of the project. C: Although this project will accommodate bicycle traffic, its primary purpose is to eliminate the sidewalk gap between May Road and Greenridge Drive and prevent pedestrians from stepping out onto the road to get from the end of one sidewalk to the other. One project location map,a project limit map,pictures of project location,and letters from community requesting project are attached. Resolution No. 2004/ 73 Resolution No. 2004/ 73 Attachment B Page 16 of 52 Existing Condition: Currently there is no sidewalk on San Pablo Dam Road between May Road and Greenridge Drive. There are existing pedestrian and bicycle facilities east and west of this section of San Pablo Dam Road. Bicyclists currently use the existing facilities to get to the San Pablo Reservoir Recreation Area or the Wildcat Canyon Regional Park. Pedestrians from the 300'-unit Green4dge subdivision use the existing sidewalks to get to the school on May Road or the bus stops on San Pablo Dam Road and May Road, AC Transit line number 74 has stops on San Pablo Dam Road and on May Road and takes pedestrians to the Hilltop Mall, Contra Costa Community College and the Orinda and Richmond BART stations. Because of the sidewalk gap between May Road and Greenridge Drive pedestrians must use the roadway being utilized by bicyclists and vehicles. Vehicles turning right onto Greenridge Drive must share the tight shoulder with those pedestrians and bicyclists. Project Benefits: Constructing the sidewalk will move the pedestrians off the roadway and out of the path of bicyclists. Extending the bicycle lane stripe will better delineate the vehicle eastbound travel lane and provide the bicyclists with a more exclusive and defined bicycle lane. A better defined bike lane will increase bicyclists'confidence that motorists will not stray into their path of travel. With more certainty as to where the bicyclists will be, passing motorists are less likely to suddenly swerve into the adjacent lane. This project will increase the safety of all utilizing this roadway. Increasing the safety of bicyclists and pedestrian along this corridor will encourage more commuters to utilize an alfemative to their automobiles. The clearing for the sidewalk will also improve the sight distance for vehicles corning out of Greenndge Drive and onto San Pablo Dam Road. Project Need: Community support to improve pedestrian safety along the San Pablo Dam Road conidor has been strong. Letters from the community have been attached to this application as an example of their support for this project. In 2001 the County Public Works Department, in conjunction with the EI Sobrante community and the office of County Supervisor John Gioia, completed the San Pablo Dam Road Alignment Study. Because of public demand, one of the primary objectives of the study was to determine how to increase pedestrian safety along San Pablo Dam Road. In conclusion the Study determined that pedestrian safety along San Pablo Dam Road is the primary concem of residents along the roadway and construction of continuous sidewalk along the roadway is a priority. At the end of 2002 the County completed a$574,502.00 sidewalk project on San Pablo Dam Road and May Road as part of the" Safe Routes to Schools"program.. The scope of the project included sidewalk construction from Clark Road on San Pablo Dam Road to May Road and then north on May Road to Avenida Martinez. Otiginalty, installing sidewalk from Greenidge Drive to May Road was included in the 2002 sidewalk project, bort unanticipated fight-of-way acquisition issues in this portion of the project jeopardized the implementation of the entire sidewalk project. Construction of the sidewalk from May Road to Greenidge Drive was then reluctanffy excluded from the 2002 sidewalk project. Completing the final phase from May Road to Greenridge Drive will provide a safe and direct bicyclelpedestrian route by forming a continuous sidewalk on San Pablo Dam Roar! Resolution No. 2004/ 73 .................................................................................................... ................................. Resolution No. 2004/ 73 Attachment B page 17 of 52 Matching Funds: Contra Costa County Public Works staff has already completed the environmental process and has begun the Planning Engineering and Right-Of-Way Acquisition stages for this project. The anticipated:amount of Local Funds being spent to cover the cost of planning engineering, the environmental process, and acquisition of fight-of-way is $13,000. Project Cost: The total project cost is approximately$214,000, with the following breakdown: Item Cost(Total) Local Funds Contract Cost.......................................... $90,236 $0 Planning&Design Engineering................. $18,047 $8,000 Construction Engineering......................... $18,949 $0 Right of Way........................................... $72,400 $2,000 Environmental......................................... $3,000 $3,000 Clean Water Treatment........................... $0 $0 Contingency............................................ $11,368 $0 Total= $214,000 $13,000 Amount of TDA Funds Needed W$214,000-$13,000= $201,000 Resolution No. 2004/ 73 v z T JJII p F T Ty r�9{ A , 'f. s .T { a 0'' J : .b of i l � i 0 y YY ^'Y •' b •;-.. {.0{wry •c ffT�� u�T T A ? X. 'i. �. •tea � A f . } IFU t ��1 �`�xi,,.$� � n� �i t�• :s � a/ �`._ Mg ref ' £ 3C's'•{`{4 3.4 ''C 4Y ry49t� .. .� y .�..S.n { )ice.� � k: ' .r_. { gmw- <x� AG Transit Line#74 4 } � tY a f Proposed Sidewalk r<•� y t�. .. � •S. + � k'aai°' ,yv .:.�'. .... - k. .. :rT,�....:;v.+... r:j.. ,.. ..,tT'i. -. ?,$,.< ;.: :.:-. ON Contra CcmtraCosta CounVPu*Wbea epat I, SAN PABLO DAM ROAD SIDEWALK CONNECTION DES JHERN NOEz TCiI artatron t QlYfslO#3 PROJECT LOCATION MAP DATE: 1-7-04 Y .. { {: �' h Sl,7�L'i•+• fry' .. :r t Y.. ;Y�{ , ........... Y LEGEND Existing Sidewalk 3 .� Proposed sidewalk ! t fi �R r n x.. , 'F � x n q n 1 r K• :y f x ( w 5 z � }f t: f s f ' t h w n f3'Ss�'o' � 'k Yr3r �•Y•''��'� J}:f e•A � rt{ -.` y '�S" f Contra Costa County Pubis Works Departant SAN PASLO DAM ROAD SIDEWALK CONNEOTION ©ES:J HERNANC3EZ Transportation Erring t3ivision PROJECT LIMITS MAP DATE: 1-7-04 . . Y $ a caw � bA f , ; < f� C7 c # to �N V s: k t ay �fk tp w.rj ri N p a r 5 i`v 1y «: C3 .;z�. r wy. skli a ' 3 r c9+r f fr✓,rf fY wy$•,�f r � 1 r ✓ ✓ ;. r {s�✓r AWN Kt .✓ f }rte:: rir� �Yti + { w r $$QQ {'- y & Nom✓ • f ♦ S •_�, Yui °,,f R"I- �� + .,.V+�`�S'�F'.`C�k, '�J.y��/`j$ l�'`� �',7 � !b. W' ' ��y�• }✓Llv 4 t x� F . t i �r i i S f 9 yy55 f A 2s I ��t,�S• s i+c rry� y p L 1�1 2 .................................................................................... . SHELDON E MENTARY SCHOOL 2601 May Road,Richmond,CA 94803 Phone: 510/223-0500 Principal: Cynthia Swainbank Ftewived N ' nW January 31, 2000 44fiq ' Mr. John Greitzer Mr. Joe Yeejoz8� '� Senior Transportation Planner Senior Civil Engineer Contra Costa County Contra Costa County: Community Development Department Public Works Department Administration Building 255 Glacier Drive 651 Puke Street Martinez, CA 94543-4897 4t' Floor- North Wing Martinez, CA 94553-0095 Dear Mr. Greltzer and Mr. Yee: On January 14, 2€ 00 a meeting was held in the offices of County Supervisor John Gioia concerning State Assembly Bill 1 475 the Safe outes to Schopl Bill. The appropriate county agencies, the City of Richmond and WCCUSD had officials In attendance. Representatives of the EI Sobrante Valley students and residents directly affected by the San Pablo Dam Road corridor also attended. This meeting was enlightening, and e can now address the.following problems with a viable solution. Currently, students walking to Sheldon Elementary School from county and Richmond city locations adjacent to San Pablo Dam Road are forced to endure hazardous conditions. The most dangerous route is along San Pablo Dam Road between Clark Road and Greenddge drive, Including the intersection of May Road and San Paulo dam Read. On the south side of this route students must navigate around open drainage ditches, a narrow road shoulder which disappears when vehicles are legally parked there, and sporadic sidewalk installations which eventually route the students to an area which is actually in a lane of traffic. At this point they wait at the traffic light until given a walk sign. Crossing the street is just as hazardous. On the north side of San Pablo Dam Road students follow a route even closer to the traffic, a narrow shoulder with no sidewalk, with many more parked cars Ithat forces the students into traffic. At this point there is a blind corner with less than 10 inches of unprotected walking clearance at which, by design, a motorist's attention is diverted to traffic signals and other vehicles. The two right hand turn lanes on this blind corner enter the only two designated traffic lanes available on the San Pablo Dam Road 4 heading west. This leaves no room for a vehicle to swing wide around a child who has G { Mr. John Greitzer Mr. Joe Yee January 31, 2000 Page Two strayed away from his/her 10 inches of safety not any roam for a child to leap to safety if a vehicle strays into the designated 10 inch walkway. San Pablo Dam Road ceased being a rural road many years ago. At the same time of day that students attempt to make it to school in one piece hundreds of commuters use this road as their main route to and from East and Central Contra Costs and Alameda Counties. Many of these commuters are not aware that Sheldon Elementary is in such close proximity. Near misses happen on a dally basis, and everyday we are merely lucky a student is not struck by a vehicle. At least two pedestrian fatalities and many major and minor vehicular accidents have occurred on this particular stretch of roadway in recent memory. Remember the recent CHP chase that ended in a rollover fatality, helicopters with cameras, the heavy traffic impact? That was in the subject area. Past pleas to the county and city to do something about the traffic hazard did bring results... THEY RAISED THE SPEED LIMITI Unbelievable but true - from 35 mph to 40 mph. The hazards on this section of San Pablo Dam Road are not caused by,reckless driving or drivers not following the posted traffic laws. These hazards are engineeredl They were designed and implemented by one entity or another, leaving the students clearly at risk. The dangers are unique and blatantly deserving of a cure. AB 1475 can fund such a cure if.Contra Costa County, West Contra Costa County Unified School District and the City of richmond work together to make this project their first priority and apply for the grant money provided by AB 1475 the Safe Routes to School Bill. We respectfully request that you support our need for a grant application to improve the school mute on the San Pablo Dam Road and the necessary connectors. We request your support with the realization that this project should be a number one priority for funding under AS 1475. Because of the many Richmond developments in the El Sobrante Valley, Richmond has been instrumental in increasing the traffic flow on the San Pablo Dorm Road. Four of the six housing projects under consideration or construction are on the south side of San Pablo Dam Road in Richmond. These projects will not only increase vehicular traffic but will add to the student populations attending Sheldon Elementary School. And those students will face the route in question here. Estimates are that those four projects will generate 393 students and a daily increase of 5,530 car trips on San Pablo dam Read. i ft. John Greitzer Mr. Joe Yee January 3.1, 2000 Page Three Make no mistake; similar strong requests will be made to the West Contra Costa Unified School District and the City of Richmond. They, too, have helped to create this situation. WGCUSD closed Hillview Elementary School which was the only school on the south side of San Pablo Dam Road. This closure forced all students living on that side to travel along and cross San Pablo Dam Road to get to Sheldon. Contra Costa County maintains the road and controls the traffic. The El Sobrante community, also, bears responsibility for allowing this situation to occur. We plan on doing our part to provide our children a safe route to school. We would appreciate the opportunity to voice some suggestions for correcting the hazards we have listed to this letter. We will contact you'soon to see if we could arrange to visit the intersection together. Sincerely, Bob Spencer Sheldon School Site Council Robin Y. Wilson .Sheldon PTA Cynthta Swainbank Principal Cc: Supervisor Jahn Gioia, District 1, Contra Costa County Ms. Kaye Bumside, Region III Superintendent, WCCUSD Mr. Vince Kilmartin, Assistant Superintendent of School Support Services, WCCUSD FAST BAY MUNICIPAL UTYLIrY DISTR/Cr March 17, 2000 44 Mr. Joe Yee -* Senior Civil Engineer Contra Costa County , Receiwd Public Works Department 255 Glacier Drive Martinez, CA 94543-489 Dear Mr. Yee. As you know, the East Bay Municipal Utility District(EBMUD) is the water provider in the El Sobrante area.. Furthermore, I am the member of the EBMUD Board of Directors that represents, in essence, the residents of that area and most of western Contra Costa County. The safety of our employees and the public at large is crucial to our organization. During the course of our daily operations EBMUD utilizes San Pablo Siam Rd. in order to transport our employees as well as heavy equipment to�designated job`locations in the noted area. Local,,residents and;=particularly,the children of Sheldon School are currently required to-�oircurwiav gate-wlitdrat minefield of pedestrian hazards on-the shoulder of San Pablo Dam Rd. Their daily proximity to fast moving traffic without thebenefit of adequate sidewalks and other needed improvements makes for an extremely perilous route to school. I have recently become aware of the current effort to secure grant funds in order to install sidewalks along San Pablo Darn Road between Greenridge Dr. and Milton Way. I enthusiastically support this project because of the improved safety it will provide children,residents and motorists on this very crucial:artery, a route to school. Mr. Yee, I thank you for your attention and wait word of a successful grant process. Sincerely, (M /A Lesa R. McIntosh,Member Board of Directors Ward 1 cc; John Greitzer,Contra Costa County Bob Spencer, Sheldon School'Site Council 375 ELEVENTH STREET. OAKLAND.CA 94647-4240. (5101 635.3000 a i flat5tle9 PADf i t State of Caflfornia-»-Busih.; ransportatlon and Housing Agency , 'GRAY DAVIS,Governor DEPARTMENT OF CALIFORNIA HIGHWAY PATROL $001 Blum Road Martinez,California 94653 (926)646-4880 (500)736-2929(TT'iTD€1) (800)736-2922(Voice) March 27,2600 File leo.: 320.6790 Mr. Joe Yee CCC Public Works Department Martinez, CA 945534897 Dear Mr. Yee, San Pablo Barn road in El Sobrante is one of'the main commuter arteries in Contra Costa county. The portion of San Pablo dam Road from Milton Way to Creenridge Drive is also a route to Sheldon.Elementary School for vehicles and pedestrians. We are concerned for the safety of children walking to school along San Pablo Dam road because of the lack of adequate sidewalks or pedestrian:paths. Presently the children walking to school must use the road shoulder which is within inches of heavy traffic. When walking around parked cars and other obstacles they sometimes walk in a- designated traffic lane. Our records show that there have been two fatal accidents,'9 injury accidents,and. 11 non-injury accidents in this particular area within the last 18 months. The existing speed limit on this portion of San Pablo Dam Road is 40 MPH. The installation of sidewalks or pedestrian paths would greatly reduce the risk of injury to walking students. We believe this project will greatly enhance pedestrian safety.. Sincerely, 1�'-IOM NOBLE, Captain Commander Contra Costa Area. I 4 E i ,. MT L + 315 General ftak Drivers,Warehousemen,Helpers and Automotive Employees of Contra Costa County Affiliated with the International Brotherhood of Teacnstem e STEVE GUTI RREZ DALE BOBBINS President Secretary-Treasurer March 15, ZOO � Principal officer Mr. Joe Yee ' Contra Costa County Public Works Department 9 " Martinez, CA 94553 � r `1,0C Dear Mr. Yee: The membership of Teamsters Local 315 includes many who use the San Pablo Dam Read in EI Sobrante during the course of their work day. Safety is a number one priority with our members as they operate their vehicles and equipment in this area. We are particularly concerned for the safety of children walking so close to traffic on their way to and from Sheldon Elementary School A-project to install sidewalk in this area would be beneficial to the community. I am recommending that measures be taken to improve this route to Sheldon for the safety of all concerned and reduce the risks of accidents. Should you have any questions please do not hesitate to contact me. Very truly yours, �eld'A�Vc Dale Robbins Secretary-Treasurer 2727 ALHAMBRA AVENUE,P.O.BOX 3010,MARTINEZ,CALIFORNIA 94553 + (925)228-2246 + FAX(925)228-1612 a am 3 APRIL 23 , 2003 APSE_, ReCelved In nsourtd" MR. AL SCHAAL 't " IV* PUBLIC WORKS,',DEPARTMENT ` 255 GLACIER DRIVE, at- f MARTINEZ, CALIFORNIA 94553. DEAR MR. S09AAL: THE EL SOBRANTE CHAMBER OF COMMERCE URGENTLY REQUESTS YOUR CONSIDERATION TO THE HAZARDOUS CONDITION NOW EXISTING ALONG THE SAN PABLO DAM ROAD IN EL SOBRANTE. THE SOUTH SIDE OF THE SAN PABLO DAM ROAD FROM GREENRDGE' TO MAY ROAD PRESENTS A DANGEROUS SITUATION TO OUR YOUNG SCHOOL CHILDREN DUE TO THE LACK OF SIDEWALKS .ALONG THAT PORTION OF THE SAN PABLO DAM;. ROAD. THIS ROAD IS USED ON A DAILY BASIS BY CHILDREN WALKING TO NEARBY SKELDON SCHOOL. NOT ONLY DOES THIS PRESENT A POTEXTIALLY. ACCIDENT PRONE CONDITION FOR THE CHILDREN, ' B.UT ADULTS AS WELL, WHO HAVE CALLED OUR CHAMBER OFFICE FILING COMPLAINT'S. WE D.0 CONSIDER THIS TO BEA VERY SERIOUS PROBLEM ANDI REQUEST YOUR ATTENTION TO THIS MATTER, THUS AVOIDING• ANY FUTURE ACCIDENTS THAT COULD OCCUR. THANKING IN ADVANCE FOR YOUR ATTENTION AND CONCERN TO THIS MATTER. SIN• ERELY, qAI ARAYANIS, ESIDEN.TANE CHA R OF COMMERCE 3769-H SAN PABLo DAm ROAD EL S06RANTf, CA 94803 15101 M-0757 57 NEIGHBORHOOD MAY VALLEY COUNCIL P.O. Box 21551 I Richmond, CA 94820-1551 May 1, 2003 To: Al Schall By Fax&Mail Public works Rept. Fax. 925-313-2333 ' 255 Glacier Dave Martinez, CA 94553-4826 .'G' W Re. Support for Grant for Sidewalk on San Pablo Dam Rd. ` trs� rtzti /; between Greenridge Drive and:May Road Dear Mr. Schall, The May Valley Neighborhood Council is one of 25 Neighborhood Council groups in Richmond. Our geographic boundaries include at least 1700 homes in the Sheldon Elementary School area. It is our understanding that you plan to submit a grant application for fundis to install a sidewalk from Greenridge to May Road along San.Pablo Dam Road in El Sobrante. This is an area where there are no sidewalks on either side of San Pablo Dam Road which is a major thoroughfare with heavy traffic moving at a limit of 45+miles per hour. Children and other pedestrians walls within inches of the traffic. The May Valley N.C. is in full support of the installation of the sidewalk along San Pablo Dam:Road between Greenridge and May Road. The signalized intersection at May Road/ an Pablo Dam Road serves as a major crossing point for students coning from the south side of San Pablo Dam Road. This sidewalk would make it safer for pedestrians. Both Richmond and County residents would benefit from the sidewalk installation. There is no doubt that the installation of this section of sidewalk would provide a safer route to school. We respectfully ask that,when this matter comes under consideration for a grant, the team doing the assessment consider the danger to the students,other pedestrians, and the speed of the traffic. If you have any questions and/or concerns, you are welcome to call me at 5107223-5398. Thank you. Sincerely, Eleanor Loynd, MVN esident cc. ESMAC Sheldon School PTA ESVP&ZAC EL SOBRANTE VALLEY PLANNING & ZONING ADVISORY COMMITTEE P.O. BOX 20136 EL SOBRANTE, CA 94820 May 1, 2003 To: Al Schall By Fax&Mail KAY 2 Public Warks Dept. Fax: 925-313-2333 Received 255 Glacier Dr. Transuttiion Martinez,CA 94553-4826 Er►grnerin gJ Re: Support for Grant Application for a Sidewalk on ---- San Pablo Dam Rd.,between Greenridge and May Rd. Dear Mr. Schall, The El Sobrante Valley Planning&Zoning Advisory Committee has been in existence since 1975. The purpose of this Committee is to give voice to the concerns and ideas from residents in both Richmond and the unincorporated area:of El Sobrante. We meet monthly to review homes additions,new subdivisions,and other issues and to make our opinions,comments and concerns known to city and county staff,elected officials, and area residents. This Committee is in full support of the grant application for a sidewalk along San Pablo Dam Road between Greenridge Drive and May Road. The intersection at May Road and. San Pablo loam Road is the main signalized intersection for crossing San.Pablo Daum Road to get to Sheldon Elementary School as well as to get to De Anza High;School. Presently, all pedestrians(including children)walk within inches of traffic moving along on a four lane road at 45+miles per hour. If you have any questions and/or concerns, call me at 510-223-6398. Thank you. Sincerely, 1 Eleanor Loynd, Chai cc: ESMAC Sheldon School PTA May Valley N.C. Supervisor Gioia 'r Resolution No. 2004/ 73 Attachment B page 34 of 52 TDA Article 3 Project Application Form Fiscal Year of this Claim:200412005 Applicant:Contra Costa County Public Works Contact person:Eric Hu E-Mail Address:shu ww.co.contra-costa.ca.us Telephone:f925)313-2192 Secondary Contact(in event primary not available)Warren tai E-Mail Address:wlaiO pw.co.confra-costa.ca.us Telephone:(925)313-2008 Short Title Description of Project Pacifica Ave.AC Path/Curb Ramp Amount of claim:$191,000 Functional Description of Project: This.pmiect is in the Bay Point area atona Pacifica Avenue between Anchor Drive and the Rio Vista Elementary School.It consists of constructing fourteen wheat chair accessible curb ramps,402 feet of AC O*alPath.600 feet of 18 inch storm drain pipe,and realacjng roadside signs. The project will also consist of consfruc#rnq;five drainage inlets and one manhole. A#five of the drainage inlets w X have tucyple friendly grates The storm drain system is needed to craven#water from ponding in the existing bike lanes,as well as to prevent the water from drainin,g around the curb refums of the AC path; Water flowing around the curb ramps may deposit dirt and other substances at the foot of the rgMp.which maybe a slip hazard for wheel chairs. This AC PathlCurb Ramp projectwiN extend the existing pedestrian sr"dewaNt facrlrfy to the front pf Rio lista School providing safe pedestrian access for students to walk to and from the three schools along Pacifica Ave. Financial Plan: List the project elements for which TDA funding is being requested(e.g.,planning,environmental,engineering,fight-of way, construction,construction management,contingency). Use the table below to show the project budget.;Include prior and proposed future funding of the project. If the project is a segment of a larger project,include prior and proposed funding sources for the other segments(make certain the use of the currently requested funding is made clear in the"Project Elements"section below,and include any other clarifying information on the next page). Project Elements:Plannlnct,engineering,constructiDn-construction management and contjngency Funding Source All Prior FYs A ication FY Next FY Following FYs Totals TDA Article>3 $199,000 $191,0(}0 fist all o€W sources: 1.Local Funds. $32,000 $32,000 2. 3. 4. Totals $32,000 $991,000 $223,000 Resolution No. 2004/ 73 Resolution No. 2004/ 73 Attachment B page 35of 52 Project Eligibility: YES?/MO? A. Has the project been approved by the claimant's governing body? (If"N0,"on the next page provide the YES approximate date approval is anticipated). B. Has this project previously received TDA Article 3 funding? If"YES,`provide an explanation on the next page. NO C. For"bikeways,"does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the NIA California Highway Design Manual?(Available on the intemet at: http://Www.clot.ca.go /N/ d/hdm/chapters/tl00i.htm). D. Has the project been reviewed by Bicycle Advisory Committee?(If"NO,"provide an explanation on the next page). YES E. Has the public availability of the environmental compliance documentation for the project(pursuant to CEQA)been YES evidenced by the dated stamping of the document by the county clerk or county recorder? (If"NO"provide and explanation on the next page;and note that MTC cannot allocate funds to a project which lacks environmental clearance). F. Will the project be completed within the three fiscal year time period(including the fiscal year of funding)after whichYES the allocation expires? Enter the anticipated completion date of project(month and year) Ocfober,Yt?i)3 G. Have provisions been matte by the claimant to maintain the projector facility,or has the claimant arranged for such YES maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name:) Explanatory Comments Short Title Description of Project: Pacifica Ave. AC Path/Curb Ramp Eater explanatory comments below, as required due to certain"YES"or"NO"answers to items"A" through"G"on the Project Application Form,or to provide information that will not fit o,n the application form, or to provide information that will clarify any potential confusion concerning the scope,cost or schedule of the project. Resolution No. 2004/ 73 ................................................................................................................................................................................................. ................................ Resolution No. 20041 73 Attachment B page 36 of 52 Existing Condition: The Pacifica Avenue AC Path/Curb Ramp project is located in the Bay Point area, northwest of the Port Chicago HighwaylWillow Pass Road intersection. Pacifica Avenue is a two lane residential street connecting Driftwood Drive to the west to Port Chicago Highway(one of the main road arterials in Bay Point) to the east. There are three schools located on Pacifica Avenue, and a commercial district with regional bus route access near the Port Chicago Highway intersection(see Appendix A). Currently there are no ADA (American with Disabilities)compliant curb ramps on Pacifica Avenue, but there are sidewalks extending along the south side of the road(between Port Chicago Highway and Mariners Cove Drive)and along the north side of the road(between Port Chicago Highway and Inlet Drive) There is a Class Il bike lane, acility on both sides of Pacifica Avenue between Port Chicago Highway and Mariners Cover Drive, and a 4-foot to I0 foot shoulder along both sides of the roadway between Mariners Cover Drive and Driftwood Drive. Project Benefit: The Pacifica Avenue AC Path/Curb Ramp project has a variety of benefits rangingfrombicycle I safety enhancement to pedestrian connectivity to schools. Pacifica Avenue is listed as part of the Utimate Eastern Contra Costa County Bicycle Facilities by the Last Contra Costa County Bikeway Plan, and has received strong support from local school officials. The proposed project will construct 14 ADA compliant curb ramps along Pacifica Avenue between Port Chicago Highway and Rio Vista Elementary School and construct a 5-foot wide ACpath from Mariners Cove Drive to the front of Rio Vista School(See Appendix B). The completed project will provide one complete ADA compliant pedestrian facility from Port Chicago Highway to Rio Vista School along the south side of Pacifica A venue, connecting students in the area to the three schools on Pacifica Avenue and connecting residents to the commercial centers on Port Chicago Highway. A 600 foot storm drain system will need to be constructed between Mariners Cove Drive and Rio Vista School to facilitate adequate drainage to the AC path in front of Rio Vista School. The new storm drain will also provide drainage for the shoulder area of the roadway between Mariners Cove Drive and Rio Vista School, thus enhancing the safety of the bicyclists riding in the shoulder area. Proiect Need: The project is needed to provide an ADA compliant pedestrian facility along Pacifica to connect students and residents to the three local schools and to the commercial centers on Port Chicago Resolution No. 2004/ Resolution No. 2004/_Z3 ..........I............ .......... ............................................................................................................................................................................................ .................................................................................. Attachment B page 37 of 52 Highway. A large portion of Pacifica Avenue already has sidewalks on both sides of the street, but students are still walking to Rio Vista School on dirt and mud in the proposedproject area (during raining seasons). Disabled residents currently use wheelchairs in theshoulder area of the roadway with only one to two feet of clearance from the travel lanes. Numerous residents in the area have expressed their support for any projects to improve pedestrian safety and ADA compliance in the area (see attached letters). Ultimately, the proposed path will provide a safe facility in a high pedestrian volume area. The proposed project scope contains the minimum improvements required to maintain proper traffic, environmental, and drainage standards, and is part of the continuing effort to improve bicycle and pedestrian safety in the area Past projects included the 2003 917iarf Drive Pedestrian Path project, which constructed sidewalks along K'harf Drive and along part of Pacifica Avenue an the north side (see Appendix E). The 2003 Wharf Drive Pedestrian Path project was locally funded at a cost of$109,.281. Matchina Funds: Contra Costa County Public Works staff has already begun the Planning Engineering stage, and has completed the environmental process. A total of$32,000 of Local Funds has been spent to cover the cost of planning engineering and the environmental process. PrWeet Cost: The total project cost is approximately$223,000, with the following breakdown: Item Cast_(Total) Local Funds $144,806 $o Contract Cost ......................................... Planning&Desi p Engineering................... $29,000 $29,000 Construction Engineerin 4-66—** $26,065 $0 g....................... Rightof Way.......................................... $0 $0 Environmental........................................ $3,000 $3,000 Clean Water Treatment............................. $2,896 $0 Contingenc .......................................... $17,087 $0 Total = $223,000 $32,000 IAmount of TDA Funds Needed $223,000-$32,000 = $191,000 Resolution No. 2004/ 73 ............I....................................... ........ ................................................. a�� � f}'�f {y`�f'ep: *'S�Sk 3Q .,}��.c6` : �E '^at�"� a 'S �S t fin'*'•..�. 414 ( :��N - � +� M„+Y,t,P�.+�t 4c y n 2 2 �.5 1• � i R' f al ., .w.k S y � �x`E�fi }'' "fir �f ;�,A��� .< > aH•a �µ -# ,�t' S` a :, �",,�5 h A w4, >~� y ;x• �W'�att h4x'y• �n.^-ra4 ^boa 'a su -g� r ;yty� .pj. `6;Sy \`\, �% '+\ •x9�i' »ecwHx+c tv t' �'_ *�'..ar � `9p4,. 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UBLO UNIFIED SCHOOL DISTRICT RIO VISTA ELEMENTARY SCHOOL � 6 I Pacifica Avenue Buy Paint,California 44565.1354 (510)458.6101 OFFICE OF September 28, 1997 Michael Walford, Public Works Director Contra Costa County Public Works 255 Glazier Drive Martinez, CA 94553 Bear Mr. Walford, It has come to our attention that hike lanes are scheduled to be provided in Bay Point on Pacifica Avenue between Driftwood Drive and Port Chicago Highway. We fully support the safety features of bike lanes. However we are extremely concerned that the proposed bike lanes may negatively impact the traffic congestion already existing in front of Rio Vista Elementary School. During morning arrival, and especially at dismissal times, we are concerned for our students' safety. A significant portion of the curb directly in front of the school is painted;red to provide space for the county bus to stop. Much of narrow Pacifica Avenue is bordered with a deep drainage ditch which does not allow cars to pull off the road to park. The few spaces along the curb which are not painted red, and are not directly next to the drainage ditch, are filled with staff and parent volunteer cars - overflow from the parking lot too small to accommodate them. Because there are limited places for parents to pull off the road, they tend to step in the middle of the street and motion their children to run into the street to get into the car W in the midst of moving traffic! At the same time, the bus circle is frequently blocked by cars so the busses cannot get in, further impacting the traffic jam on the street. In spite of on-going ,parent education in the school newsletter, personal reminders and the occasional presence of a sheriff, the problem continues. Parents are in a hurry and tend to ignore their better judgment and our pleas for safe driving behavior. We are grateful no one has yet been injured in this congestion, but we fear for our students' safety. Rio Vista was built approximately 40 years ago to serve a junior high population of students who primarily walked from the nearby neighborhoods_ Today we serve an elementary student population in excess of 500 students most of whom, due to boundaries drawn to balance the ethnic make-up of the student population, ride the bus or are driven to school by, car. The remainder walk to school and a few students ride bikes. During the month of September we AN EQUAL OPPORTUNITY/AFFIRMATIVE AC71ON EMPLOYER FAX(510)4588765 F f have noticed the number of bikes locked in the bike racks to vary from two to six on a given day. Various evening events occur throughout the year at Rio Vista. Back-to-School,'Family Math, Family Reading, Family Science, Family Technology, Open House, music and drama performances, DARE graduation, etc., are events which bring large numbers of Rio Vista families to school in the evening. No parking on the street due to bike lanes would make these functions inconvenient to attend. A school is almostt like a,home to the families whose children attend it - parking is always available in front of one's home. We want our parent community to feel welcome at their neighborhood school. We have pursuedincreasing the off"street parking on our campus. To get adequate off street parking, including a traffic "turn circle", would require an expenditure of$80,000, (this is the bid received in the spring of 1997). The parking lot would be located one block From the school entrance. We do not have $80,000 to spend. But if we did, staff questions whether parents/caregivers would be willing to park and walk that distance to the school. ' Other solutions have also been explored. These include installing a traffic circle at the east side of the school on Mariner Cove. The cost for this improvement.was in the same price range,',the distance of the improvement even farther from the school entrance than the proposed parking lot and turn circle. We are very concerned about student safety - especially during arrival and dismissal times. We do not have adequate curb or off street parking to accommodate the number of cars delivering or picking up students. Bike lanes would further impact the congestion already existing. Clearly this is a dilemma and our students' safety is at risk. We want to go on record stating these concerns to you and your department before the implementation of',the bike lane project. A meeting with Ms. Teri Rie, civil engineer, has been scheduled at Rio Vista for Wednesday, October 1 at 1:00 p.m. We want to address our concerns and work toward a "win,win" solution for traffic improvements planned for the Bay Point Community. We cordially invite you to attend this meeting. Sincerely, Bennetta McLaughlin, Principal } cc: Mr. Paul Allen, Superintendent, Mt. Diablo Unified School District Dr. Richard Nicoll, Associate Superintendent, Administrative Services J Mrs. Janet Gatti, Assistant Superintendent, Elementary Education ' } BaysointMuni ipalAdvisory onci�1 3`105 Willow Pas's Road BayPoint, CA 99565 Mr. Al Schaal k Public Works Department 255 glacier Drive. Martinez, Ca. bear Mr. Schaal: It has come to the avian of the Baty Point MAC that there are,presently no curb c on the. sidewalks ,bordering Pacifica Avenue. and Marina road in Bey Point. This condition presents a problem for those"persons using wheelchairs, as well as'those walking with small children in strollers, The Bay Point MAC organization is attempting to find but how this condition can be changed and corrected. The 'Say, Point'MAC unanimously agreed to write you urging you to obtain grant monles' for "Safe Routes to Scnaol" fiat.would allow curb ramps on those 2 roads. These roads are used increasingly by the residents that live-in the Shore;Acres area in walking their children to the 3 schools In that location. We appreciate your efforts in this regard and we will be able to'give you assistance if yov so need it. Our Transportation Committee will be meeting at 6:00 prn at Ambrose Recreation and Parks Center on June 3, 2003 before the MAC -meeting at.7:00 pml' would be interested in any information regarding this matter to-share with ray council members. You,may contact me at the Ambrose Center by writing me.and putting a letter to, my attention. Thank you for all your efforts. Aincer ty, Phone(925)458-1601 www.baypointca.com Fax(92.5)458-2736 0 1 u 1 3L.Jo 1 OG000) f Uw'"7 1 r" .U'G 544 Harvey Way Bay Point, CA 94565 May 27,2003 255 Glacier Drive Martinez,CA 94553 Dear Mr. Fernandez, In regard to the Safe Routes to School proposal, I have gone through the community of Bay Point and identified the following locations that need improvements: I. A sidewalk is needed on bath the north and south sides of Pacifica Road from Driftwood east to Shoal. 2. A sidewalk is needed on the south side of Pacifica from Mariner's Cave to Inlet, 3. The sidewalks along Pacifica from Driftwood east to Pott Chicago need handicap access on both the present sidewalks and any built in the areas mentioned in l and 2. 4. A ear turn around behind Shore Acres School on the north side of Pacifica just west of Inlet would alleviate the volume of traffic on inlet and Marina Road during school hours, thus reducing the number of oars that traffio these roads while`childrsi walk to and from school. 5. A sidewalk is.needed on the east side ofDriftwood from Pacifica north until it joins the existing sidewalk. 6. A.sidewalk is needed can the north side of Willow Pass Road from Weldon until Port Chicago thea on the east side of Port Chicago from Willow Pass Road until Lynbrook. If you have any questions in regard to these recommendations, please contact me at 925- 709-6521. Si/nc ely C Ja Y S. toner Bay Point Municipal Advisory Council(MAC) Co-Chair of the Bay Point MAC Education Committee ........................................................................................................................................................... .. ........ .................. THE BOARD OF SUPERVISORS Crs� CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 10, 2004 by at least a four-fifths vote: AYES: SUPERVISORS GIOIA, UILMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE RESOLUTION NO. 2004/_64 ABSTAIN: NONE (Gov't Code § 25363) SUBJECT: ADOPT Resolution No. 2004/ 64 revising Board Resolution No. 2004/51 that approved the Notice of Intention to sell County surplus property identified as Assessor's Parcel Number 097- 150-012, located on the southwest corner of Willow Pass Road and.Goble Drive on the north side of Highway 4, by public auction,to change the auction date to April 22,2004, increase the option deposit amount from $20,000 to $35,000, and extend the option term so prospective buyers have more time for Community Development to consider their potential development plans for the property. [CDD-CP# 94-78]. APN 097-150-012 Bay Point Area. District V Project No. 0662-684332 The Board of Supervisors of Contra Costa County RESOLVES THAT: The Board DETERMINES that the parcel of vacant land,acquired for highway purposes,described in the Notice of Intention to Sell Real Property attached hereto and incorporated herein, is surplus and not required for public use. The Board DECLARES its intention to sell said property under the terms and conditions contained in the Notice of Public Land Sale for said property prepared by the County Real Property Division. The Notice of Public Land Sale is APPROVED and the Real Property Division is DIRECTED to publish the attached Notice of Intention to Sell Real Property for five days prior to said sale in a newspaper published in the County or post in three (3) public places in the County for that period; pursuant to Government Code Section 25363. The Board sets Thursday,April 22, 2004 at 11:00 a.m.,at 255 Glacier Drive, Martinez, California,as the time and place where oral bids will be received and considered. The Board reviewed and approved the project on June 18, 1996, and determined the project to be exempt from the California Environmental Quality Act as a Class 12 Categorical. Exemption. A Notice of Exemption was filed July 9, 1996. This activity has been found to conform to the County's General Plan. CP:eh I hereby certify that this is a true and correct G:IGrpDatalRealProp\2004-FileslBOS&RES\BR5 Goble amend.doc copy of an action taken and entered on the Orig.Dept.: Public Works(RP) minutes of the Board of Supervisors on the Contact: Carla Pecclant],Tel.(925)313-2222 date shown. p cc: P/W Accounting County Administrator ATTESTED: FEBRUARY 10, 2004 Assessor JOHN SWEETEN,Clark of the Board of Auditor-Controller Supervisors and County Ad.ministrator Community Development Dept Engineering Services-Environmental By— Deputy L. Dalziel,Clerk Specialist,Adm. RESOLUTION NO. 2004164 ...........................................I.......................................................................................................... THE BOARD OF SUPERVISORS e.3 CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 27, 2004 by at least a four-fifths vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND CLOVER NOES: NONE ABSENT: NONE_.- RESOLUTION NO. 2004151 ABSTAIN: NONE (Gov't Code § 25363) SUBJECT: ADOPT Resolution No. 2004/ 51 approving Notice of Intention to Sell County surplus property, a vacant commercial lot located on the southwest corner of Willow Pass Road and Goble Drive on the north side of Highway 4. [CDD-CP#94-78]. APN 097-150-012 Bay Point Area. District V. Project No. 0662-6R4332 The Board of Supervisors of Contra Costa County RESOLVES THAT: The Board DETERMINES that the parcel of vacant land, acquired for highway purposes, described in the Notice of Intention to Sell Real Property attached hereto and incorporated herein, is surplus and not required for public use. The Board DECLARES its intention to sell said property under the terms and conditions contained in the Notice of Public Land Sale for said property prepared by the County Real Property Division. The Notice of Public Land Sale is APPRIOVED and the Real Property Division is DIRECTED to publish the attached Notice of Intention to Sell Real Property for five days prior tosaid sale in a newspaper published in the County or post in three (3) public places in the County for that period; pursuant to Government Code Section 25363. The Board sets Wednesday, March 17, 2004 at 11,00 a.m., at 255 Glacier Drive, Martinez, California, as the time and place where oral bids will be received and considered. The Board reviewed and approved the project on June 18, 1996,and determined the project to be exempt from the California Environmental Quality Act as a Class 12 Categorical Exemption. A Notice of Exemption was filed July 9, 1996. This activity has been found to conform to the County's General Plan. CP:eh G:\GrpData\RealProp\2004-Files\BOS&RES\BR5 Gobie.doc I hereby certify that this is atrue and correct Orig. Dept.: Public Works(RP) copy of an action taken and entered on the Contact: Carla Peccianti,Tel. (925)313-2222 minutes of the Board of Supervisors on the cc: P/W Accounting date shown. County Administrator ATTESTED: JANUARY 2 1 7, 2004 Assessor JOHN SWEETEN, Clerk of the Board of Auditor-Controller Supervisors and County Administrator Community Development Dept Engineering Services—Environmental By Deputy L. Dalziel,Clerk Specialist,Adm. RESOLUTION NO. 2004/ 51 CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT 255 Glacier Drive Martinez, CA 94553 NOTICE OF INTENTION TO SELL REAL PROPERTY (Government Code § 25363) The County Real Property Division will sell at public auction to the highest responsible bidder,the vacant commercial lot hereinafter described: Assessor`s Parcel No.097-150-012, located on the southwest corner of Willow Pass Road and Goble Drive on the north side of Highway 4. The auction will be held at 255 Glacier Drive, Martinez, California, on Thursday, April 22, 2004 at 11:00 a.m. Minimum Bid: $600,000. Terms and Conditions of Sale are available at the office of the County Real Property Division, '255 Glacier Drive, Martinez, California 94553, or may be requested by phone to be mailed by calling (925) 313-2220. The County reserves the right to reject any and all bids received. The parcel will be sold as is and the purchaser assumes all risks and responsibility. The parcel will be sold without warranty as to possible uses and the purchaser assumes all risks and responsibilities. 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: JOHN SWEETEN, Clerk of the Beard of Supervisors and County Administrator By . Deputy Publication Dates: RESOLUTION NO. 2004/ NOTICE OF PUBLIC LAND SALE Option to Purchase Auction Sale DATE: Thursday, April 22, 2004 TIME: 11:00 A.M. PLACE: Public Works Department Conference Roam "A" 255 Glacier Drive Martinez, CA 94553 PROPERTY LOCATION: Southwest corner of Willow<Pass Road and Goble Drive, on the north side of Highway4, in the Bay Point area. APN 097-150-012 PROPERTY INFORMATION: Size: 2.91± acres, vacant site General Plan: Commercial (CO) Zoning: Planned Development (Commercial) Utilities: Water, sewer, gas, and electricity available. Taxes: Not presently taxed, will return to tax rolls after sale. MINIMUM BID: $600,000.00 OPTION DEPOSIT AMOUNT: $35,000.00 in the form of a certified check, cashier's check or money order (no personal checks). OPTION PERIOD: 120 days after acceptance of the bid by the Contra Costa County Board of Supervisors. CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT REAL PROPERTY DIVISION 255 GLACIER DRIVE, MARTINEZ, CA 94553 For additional information call Carla Pecclanti, Senior Real Property Agent, at (925)313-2222 or(925) 313-2220, Monday through Thursday, between 7:00 a.m. and 5:00 p.m. cpeccian@pw.co.contra-costa.ca.us G:1GrpOatalRealProp\Carla\surplus land sales\AucbonNoticeGoble.doc January 28,2004 NOTICE TO BIDDERS The sale property is a mostly level triangular shaped parcel containing approximately 2.91 acres. The parcel was assembledfrom the remaining land acquired in connection with the improvements and realignment of Willow Pass Road interchange to Highway 4. The site contains no structures. All public utilities are available along Willow Pass Road or Goble Drive. The subject property has a General Plan designation of Commercial with a Zoning designation of Planned Development(Commercial). The parcel is located in the Bay Point area of Contra Costa County. Maureen Toms of the County should be contacted at (925) 335-1250 for questions related to planning. The County is selling the property "where is, as is", and it is the responsibility of the prospective bidder to satisfy himself/herself as to any risks associated with the property, now or in the future. G:\GrpData\ReaiPropkCarta\surplus land sales\NotleetoBidders gobel.doc January 12,2004 ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........ ........ .......... ........ ......... _ _. _ _. ........ ......... ORAL BIDDING In order to participate In the bidding procedure a CASHIER'S CHECK CERTIFIED CHECK OR MONEY ORDER,in the amount of$35,000 must be deposited with the auctioneer prior to the start of bidding. No exceptions. Bidding will open at the$600,000 set bid and continue thereafter until the highest oral bid is finally accepted. At the close of bidding,the highest bidder will be required to execute an"Option to Purchase Agreement"and to leave with the auctioneer their $20,000 non-refundable deposit in the form of a CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER, BID ACCEPTANCE Any final acceptance of a bid by the person conducting the sale shall be subject to the approval of the Board of Supervisors by Resolution authorizing and directing the execution of the deed. BID REJECTIONS The County reserves the right to reject any and all offers and waive any informality or irregularity in any offer or to accept any offer deemed in the best interest of the County,or to withdraw the property from the sale. BIDDER DEFAULT In the event that the high bidder fails to exercise his or her Option within the Option period or defaults in completion of the sale,the County may,at its discretion,offer the Option to the second highest bidder. if the second highest bidder accepts the offer,the deposit requirement and terms of Option to Purchase shall be the same as stated in this notice of sale,except that the Option period shall commence upon acceptance by the Board of Supervisors. CLOSING TRANSACTION Successful bidder will have the Option period of 120 days after bid acceptance to complete the transaction under the TERMS OF OPTION TO PURCHASE, attached hereto. In the event any term or condition in the agreement conflicts with or violates any statutory requirements in the sale of public property, then only that part or portion of this agreement so conflicting shall be amended to conform with any applicable legal requirements at the time. All County employees may bid to acquire surplus County property,except employees who have direct access to information not generally available to the public or who influence the purchase or sale of right of way or other real property. THE INFORMATION CONTAINED HEREIN IS BELIEVED RELIABLE, BUT IS NOT GUARANTEED. G:tGrpData\RealProp\Cartalsurplus land salesk0ralBiddingGobel.doc January 12,2004 OPTION AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE OPTIONEE NAMED HEREIN (Not to be Recorded) 1. Recitals. a. CONTRA COSTA COUNTY, a political subdivision of the State of California ("County"), is the owner of certain real property described in Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as the"Property." b. County proposes to sell the Property. C. ("Optionee") desires to acquire the exclusive right to purchase the Property at an agreed price and under the speck terms and conditions below. 2. Effective Date. The effective date of this Option shall be the date that this Option is approved by the Contra Costa County Board of Supervisors ("!affective Date"). 3. Grant of Option. County grants to Optionee the exclusive option to purchase the Property on the terms and conditions in this Option Agreement. 4. Term of Option. The term of this Option shall commence on the Effective Date and shall expire or terminate on the earliest of the following dates: a. Option Term. One hundred and twenty (120) days following :the Effective Date, unless during said one hundred and twenty-day period County agrees in writing to extend the Option Period. b. Extension of Option Period. County, in its sole discretion, shall have the right, but not the obligation, to extend the term of the Option Term, under such terms and conditions as County believes is reasonable, if County, in its sole.discretion, believes such extension is warranted. No such extension shall be effective unless and until it is in writing signed by both parties. C. Breach. Immediately upon a breach or default by Optionee under this Option Agreement. d. Purchase. The date that the Optionee acquires the entirety of they Property. 5. Consideration for Option a. Payment. As consideration for the Option granted under this Agreement, Optionee agrees to pay County the sum of Thirty Five Thousand Dollars ($35,000.00)upon the i terms and conditions outlined herein, said amount to be credited to the Purchase Prig of the Property ("Option Consideration"). The Option Consideration shall be paid before the date this Agreement is approved by the Board of Supervisors. The Option Consideration shall be paid at the Public Works Department, Real Property Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County. b. Retention of Option Consideration:. Except as provided in Section 10 below, all Option Consideration paid to or on behalf of County shall belong to County and be retained by County,whether or not Optionee ultimately exercises its right to purchase the Property. County shall have no obligation to account for the Option Consideration to Optionee. 6. Terms and Purchase Price. a. Escrow. If the Optionee exercises its Option, at County's option the sate may be consummated through an escrow at a title company to be selected by County ("Title Company"). In such case, Optionee hereby authorizes County to prepare and file escrow instructions with said Title Company on behalf of Optionee in accordance with this Agreement. Escrow shall be deemed to be closed and the Property shall be deemed to be conveyed on the date the deed to Optionee is.recorded ("Closing Date"). All escrow fees, recording fees, documentary transfer taxes or other real estate transaction taxes or fees, by whatever name known, including broker's commission, if any, and personal property sales taxes where applicable, will be paid solely by Optionee. If title insurance is desired by the Optionee, Optionee will be solely responsible to pay the premium charged therefor. b. Purchase Price. The purchase price ("Purchase Price")for the Property during the Option Term is the sum of Dollars All Option Consideration paid by Optionee shall be credited to the Purchase Price of the Property. The Purchase Price shall be paid at the Public Works department, Real Property Division, 255 Glacier Drive, Martinez,CA 94553, payable to the Contra Costa County. c. Title; Grant Heed. The right, title and interest in the Property.to be conveyed by County pursuant to this Agreement shall not exceed that vested in the County. If the Optionee exercises its option, the Property shall be conveyed to.0ptionee subject to all title exceptions, restrictions, easements, liens and reservations, whether or not of record. The sale under this Option is subject to the approval of the Contra Costa County Board of Supervisors. The Optionee may not take ,possession of the Property until a deed from the Contra Costa County has been recorded. if the Optionee exercises its Option, upon approval by the Board of Supervisors, the County shall convey title to the Property to the Optionee by 'Grant Deed. It is understood that Optionee acquires no right, title, interest or equity in or to said property until a grant deed to Optionee is recorded. 7. Exercise. From and after the Effective Date, this Option may be exercised by Optionee's delivering to County before the expiration of the Option Term, written notice of the exercise ("Exercise Notice")and payment of the Purchase Price to the County. 8. Condition of the Property. Neither County, nor its agents or employees have made any warranty, guarantee or representation concerning any matter or thing affecting or relating to the-Property nor does it assume any responsibility for the conformance to codes or permit regulations of the city or County within which the Property is located. If Optionee exercises this Option, Optionee will accept the Property in an "as is" condition. County has not made and does not make any representation as to the physical condition of the Property. 9. Right of Entry. During the term of this Option and prior to the Closing Date, Optionee, its agents, contractors and employees, shall have the right to enter the Property at all reasonable times for the purpose of performing reasonable tests, engineering studies, surveys, soil and environmental tests and other tests, surveys, studies, and investigations of the Property as Optionee determines necessary or desirable. Optionee will defend, indemnify and hold County harmless from any claim, loss or liability in connection with any entry by Optionee, its contractors, agents and employees and Optionee will be solely responsible for all costs incurred in connection with these activities or Optionee's investigation of the Property. 10. Informalities,Cancellation of Sale. County reserves the right to waive any informality or irregularity on any offer or cancel the sale at any time prior to recording of a deed. In the event of cancellation of sale by County, through no fault, action or inaction of Optionee, all monies deposited shall be refunded without payment of interest. 11. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. a. Notice shall be sufficiently given for all purposes as follows: (1) When delivered by first class mai[, 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 delivery is confirmed by a return receipt. (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 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: 3 _. .... ...._... ..__.._.. ._. _ .. ......._.... .._...... ......... ......... ......... ......... ......... ......... ...... ......... ......... ......... ......... ......... ......... ........ . . .. ............................................................................................................ _....... ................. County: Real Property Division Public Works Department 255 Glacier Drive Martinez,CA 94553 Attn.Carla Peccianti Telephone: (925)313-2222 Pax: (925) 313-2333 Optionee: (Name (Address) (Telephone) or to such other addresses as Optionee and County may respectively designate by written notice to the other. 12. Assignment, Successors and Third-Party Rights. This Option and all rights under this Agreement shall be freely assignable. This, agreement shall be binding on and inure to the benefit of the parties, and their respective heirs, personal representatives, successors and assigns. Nothing in this Agreement, express or implied, is intended to confer on any person, other than the parties and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. 13. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sale convenience of the parties to this Agreement, The section headings, captions and arrangement of this Instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as If it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. 14. Further Assurances. Whenever requested to do so by the other party, each party shall execute, acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance,approvals, consents and all further instruments and documents as may be necessary, expedient, or proper in order to complete all conveyances, transfers, sales, and assignments under this Agreement, and do'all other acts and to execute, acknowledge, and deliver all documents as requested in order to carry out the intent and purpose of this Agreement. 15. Governing Law. This Agreement shall be governed and construed in accordance with California Law. The venue for any legal action pertaining to this Agreement shall be Contra Costa County, California. 4 _...... ....... ........ ........ ..._. 16. Severability. Should any term, portion or prevision of this Agreement be finally decided to be in conflict with any law of the United States or of the State of California, or otherwise to be unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions of this Agreement shall be deemed severable and shall not be affected thereby, provided that such remaining parts, terms, portions or provisions can be construed in substance to constitute the Agreement that the parties intended to enter into in the first instance. 17. indemnification. As partial consideration for this Agreement, Optionee shall defend, indemnify, protect, save and hold harmless County, its officers, agents, and employees, from any and all claims, costs and liabilityfor any damages, sickness, death or injury to persons or property, including'without limitation all consequential damages,from any cause whatsoever, including the sale or joint negligence of County, its agents, officers or employees, arising directly or indirectly from or connected with the repairs or any present or future condition of the Property or use of the Property which is the subject of this Agreement, or any representations, misrepresentations or non-representations regarding its condition or use, and will make good to and reimburse County for any expenditures, including,,reasonable attorneys` fees that County may make by reason of such matters and, if requested by County,will defend any such suits at the Optionee's sole expense. 18. Survival. All of the terms, provisions, representations, warranties and covenants of the parties under this Agreement shall survive the close of escrow of the Property, shall be fully enforceable after the Closing Date in accordance with their terms and shall not merge in the deed or either documents following the delivery and recordation of said deed or other documents. 19. Negation of Optlonee or partnership. No prevision of this Agreement shall be construed as making either party.an agent or partner of the other party. 20. Time of Essence. Time is of the essence for the Option Agreement. If the Option is not exercised in the manner provided in Section 7 before the expiration of the applicable Option Term, Optionee shall have no interest in the Property and the Option may not be revived by any subsequent payment or further action by Optionee. 21. Waivers. No waiver of any breach of any covenant or provision in this Agreement'shall be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. 5 ', 22. Amendment. This Agreement may not be amended or altered except by a written instrument executed by County and Optionee. 23. Entire Agreement. This Agreement contains the entire agreement between the parties respecting the matters set forth, and expressly supersedes all previous or contemporaneous agreements, understandings, representations or statements between the parties respecting this matter. CONTRA COSTA COUNTY OPTIONEE B �� B Y Y Chair, board of Supervisors ATTEST: JOHN SWEETEN, Clerk of the Board By of Supervisors and County Administrator By i eputy APPROVED AS TO FORM: By County Counsel June 6, 1997 NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Exhibit A-Legal Description G:\GrpData\ReatProp\Gada\surplus land sales\optlon goble.doc January 12,2004 6 ''I'll.-.................................................................................................................................................................................................. ................................................................................................ Willow Pass.Road at Goble Drive .Sale of Excess Land PARCEL 1 - Contra Costa County DWG. M416-96 EXHIBIT "A" PARCEL 1: (Fee Title) Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of the Northwest 1/4 of Section 15, Township 2 North, Range IWest, Mount Diablo Meridian, described as follows: Beginning at the most southerly corner of PARCEL 1 (50859-1) as described in the "Final Order of Condemnation," No. C92-01465, filed March 25, 1993 in Book 18381 of Official Records at page 690, records of said County; thence, from the Point of Beginning, along the southwest line of said PARCEL 1 (50859-1) (18381 OR 690), north 58°40'51"west 22.96 feet; thence, leaving last said line, north 16006'10" west 120.56 feet; thence north 10011'57" west 212.86 feet; thence north 16008'06" west 235.92 feet to a point which bears south 2511325" east 62,00 feet from Station "WP"24+96.09, as said "WP" line is shown on the "Project Plans for Construction on State Highway in Contra Costa County, near Concord and Pittsburg, from Willow Pass Road Undercrossing to Bailey Road Undercrossing," Contract No. 04-120294 on file with the, State of California, Department of Transportation, said point from which a radial line of a non-tangent curve concave to the southeast, having a radius of 1068.00 feet, bears south 25431325"east;thence, northeasterly along the arc of said curve, through a central angle of 704813", a distance of 145.46 feet; thence north 7203448" east 239.95 feet; thence, northeasterly along the arc of a tangent curve, concave to the northwest having a radius of 862.00 feet, through a central angle of 3027'41", a distance of 52.08 feet to a point of reverse curvature; thence, northeasterly, southeasterly, and southwesterly along the arc of said reverse curve, concave to the southwest, having a radius of 27.00 feet, through a central angle of 12404233", a distance of 58.77 feet; thence south 13148'40"west 18.06 feet; thence south 28029'43" west 31.47 feet; thence south 391,4442" west 165.77 feet; thence south 49111215" east 49.72 feet; thence south 3902911"west 260.98 feet toa point from which a radial line of a non-tangent curve, concave to the northwest, having a radius of 1289.93 feet, bears north 3801015" west; thence, southwesterly along the arc of said curve, through a central angle of 0023'32", a distance of 8.83 feet to the most northerly corner of said PARCEL 1 (50859-1) (18381 OR 690); thence non-tangent to said curve, along the southeast line of said PARCEL 1 (50859-1), south 71,04'00" west 264.00 feet to the Point of Beginning. Containing an area of 2.91 acres of land, more or less. RELINQUISHMENT OF ABUTTER'S RIGHTS: The Grantor hereby releases and relinquishes any and all abutter's rights of access along the following described line: Beginning at the said most southerly corner of PARCEL 1 (50859-1) (18381 OR 690); thence from said point, north 58°40'51"west 22.96 feet; thence north 16"06'10"west 120..56 feet, thence north f 10°11'57" west 212.86 feet; thence north 16°08'06"west 235.92 feet to the terminous of said line. Bearings are based on the California Coordinate System Zone Ill (CCS83). This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surve ors Act. Signature: ✓vr � ^r . .— _ ,� Licensed Land Surveyor : ��, Contra Costa County Public Works :Exp. Date. '�rEvf cn►.t�U JH:sd G:\GrpData\Clerical\EXHIBITS\1999\Excess Property Willow Pass Rd a@ Goble Drive.doc 9128/99 2 ......... _......... ....._.... __ _ _ _.......... ......... ''I,.,,.,.................................................................................. .......................................... iw a.. O!z to uj x W 6w 19 44a a y D 0 5; J, o >< UJ -------- ------ lk a- Ell LLJ V) Li 0 z ...................................................................................... M e� said rim "W52 EW eft !► ./''" �Gme WE 16 �x ® onWNW � �®=�,ie �� G►,,,+�. as �� �� �� � �� �' . ' ► i AM erre .rte rAW .. IL � ,sem, . �. ,�► s' SIT RA - . d . SITE GOBLE DRIVE THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 10, 2004, by at feast a four-fifths vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE RESOLUTION NO. 2004/65 ABSAIN: NONE (Gov't Code § 25363) SUBJECT: ADOPT Resolution No. 2004/ 65 revising Board Resolution No. 2004/52 that approved the Notice of Intention to sell County surplus property identified as Assessor's Parcel Number 098- 230-050, located on Evora Road on the west side of Willow Pass Road and north of Highway 4, by public auction, to change the auction date to April 22, 2004, and extend the option term so prospective buyers have more time for Community Development to consider their potential development plans for the property. APN 098-230-050 Bay Point Area. District V Project No. 4660-6X4146 The Board of Supervisors of Contra Costa County RESOLVES THAT: The Board DETERMINES that the parcel of vacant land, acquired for highway purposes,described in the Notice of Intention to Sell Real Property attached hereto and incorporated herein, is surplus and not required for public use. The Board DECLARES its intention to sell said property under the terms and conditions contained in the Notice of Public Land Sale for said property prepared by the County Real Property Division. The Notice of Public Land Sale is APPROVED and the Real Property Division is DIRECTED to publish the attached Notice of Intention to Sell Real Property for five days prior to said sale in a newspaper published in the County or post in three (3) public places in the County for that period; pursuant to Government Code Section 25363. The Board sets Thursday, April 22, 2004, at 11:00 A.M., at 255 Glacier Drive, Martinez, California, as the time and place where oral bids will be received and considered. The Board reviewed and approved the project on September 19, 2000, and determined the project to be exempt from the requirements of the California Environmental Quality Act (CEQA) as a Class 12 Categorical Exemption under County Guidelines and Section 15312 of the State CEQA Guidelines.A Notice of Exemption was filed September 21, 2000.This activity has been found to conform to the County's General Plan. 1 hereby certify that this is a true and correct CP:eh copy of an action taken and entered on the GaCrpDatalRealPropl2004-Files\BOS&RES\BR5 Evora amend.doc minutes of the Board of Supervisors on the orifi.Dept.: Public Works(RP) date shown. Contact: Carta Peccianti.(925)313-2222 cc: County ty Administrator ATTESTED: FEBRUARY 10, 2004 County Adn>anistr for A3Se554r JOHN SWEETEN,Clerk of the Board of Auditor-Controller Supervisors and County Administrator Community Development Dept Engineering Services—Environmental BY _ Deputy L.Dalziel,Clerk Specialist,Adm. RESOLUTION NO. 2404165 THE BOARD OF SUPERVISORS Csi CONTRA COSTA COUNTY, CALIFORNIA. Adopted this Resolution on January 27, 2004, by at least a four-fifths vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: ISO ABSENT: NONE RESOLUTION NO. 2004! 52 ABSTAIN: NODE (Gov't Code § 25363) SUBJECT: ADOPT Resolution No. 2004! 52 approving Notice of Intention to Sell County surplus property, a vacant commercial lot located on Evora Road on the west sidb of Willow Pass Road and north of Highway 4. {CDD-CP# 00-12]. APN 098-230-050 Bay Point Area. District V Project No. 4660-6X4146 The Board of Supervisors of Contra Costa County RESOLVES THAT: The Board DETERMINES that the parcel of vacant land, acquired for highway purposes, described in the Notice of Intention to Sell Real Property attached hereto and incorporated herein, is surplus and not required for public use. The Board DECLARES its intention to sell said property under the terms and conditions contained in the Notice of Public Land Sale for said property prepared by the County Real Property Division. The Notice of Public Land Sale is APPROVED and the Real PropertyDivision is DIRECTED tb publish the attached Notice of Intention to Sell Real Property for five days prior to said sale in a newspaper published in the County or post in three (3) public places in the County for that period; pursuant to Government Code Section 25363. The Board sets Wednesday, March 17, 2004, at 11:00 A.M., at 255 Glacier Drive, Martinez, California, as the time and place where oral bids will be received and considered. The Board reviewed and approved the project on September 19, 2000,and determined the project to be exempt from the requirements of the California Environmental Quality Act (CEQA) as a Class 12 Categorical Exemption under County Guidelines and Section 15312 of the State CEQA Guidelines. A Notice of Exemption was filed September 21, 2000. This activity has been',found to conform to the County's General Plan. I hereby certify that this is a true and correct i CP:eh copy of an action taken and entered on the G:\GrpDataiRealProp12004-Files\BOS&RESIBR5 Evora.doc minutes of the Board of Supervisors on the Orig. Dept.: Public Works(RP) date shoran. Contact: Carla Peccianti.(525)313-2222 cc: P(W Accounting ATTESTED: JANUARY 27, 2004 County Administrator JOHN SWEETEN,Clerk of the Board of Assessor Supervisors and County Administrator Auditor-Controller Community Development Dept Engineering Services—EnvironmentalBy— deputy L. Datziel, Clerk Specialist,Adm, RESOLUTION NO. 20041 52 CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT 255 Glacier Drive Martinez, CA 94553 NOTICE OF INTENTION TO SELL REAL PROPERTY (Government Code § 253613) The County Real Property Division will sell at public auction to the highest responsible bidder,the vacant commercial lot hereinafter described: Assessor's Parcel No. 098-230-050, located on Evora Road on the west side of Willow Pass Road and north of Highway 4. The auction will be held at 255 Glacier Drive, Martinez, California,on Thursday,April 22, 2004 at 11:00 a.m. Minimum Bid: $350,000. Terms and Conditions of Sale are available at the office of County Real Property Division, 255 Glacier Drive, Martinez, California 94553,www.co.contra-costa.ca.usfdeparttpw or may be requested by phone to be mailed by Calling (925) 313-2220. The County reserves the right to reject any and all bids received. The parcel will be sold as is and the purchaser assumes all risks and responsibility. The parcel will be sold without warranty as to possible uses and the purchaser assumes all risks and responsibilities. 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: JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By Deputy Publication Dates: RESOLUTION NO. 2004/ NOTICE OF PUBLIC LAID SALE y� # Option to Purchase Auction Sale DATE: Thursday, April 22, 2004 TIME: 11:00 A.M. PLACE: Public Works Department Conference Room "A" 255 Glacier Drive Martinez, CA 94553 PROPERTY LOCATION: Southside of Evora Road, west of Willow Pass Road opposite Pomo Street on the northside of Highway 4. APN 093-230-050 PROPERTY INFORMATION: Size: 1.87± acres, vacant site General Plan: Commercial (CO) Zoning: Planned Development (Commercial) Utilities: Water, sewer, gas, and electricity available. Taxes: Not presently taxed, will return to tax rolls after sale. MINIMUM BID: $350,000.00 OPTION DEPOSIT AMOUNT: $20,000.00 in the form of a certified check, cashier's check or money order (no personal checks). OPTION PERIOD: 120 days after acceptance of the bid by the Contra Costa County Boardof Supervisors. CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT REAL PROPERTY DIVISION 255 GLACIER DRIVE, MARTINEZ, CA 94553 For additional information call Carla Peccianti, Senior Real Property;Agent, at (925) 313-2222 or(925) 313-2220, Monday through Thursday, between 7:00 a.m. and 5:00 p.m. cpeccian@pw.co.contra-costa.ca.us G:\GrpDatalRealProp\Cada\surplus land sales\AuctionNoticeEvora.doc ,January 28,2004 NOTICE TO BIDDERS The sale property is an oblong shaped parcel containing approximately 1.87 acres. The parcel was assembled from the remaining land acquired in connection with the improvements and realignment of Willow Pass Road Interchange to Highway 4. The site contains no trees or structures. All public utilities are available along Evora Road. The subject property has a General Plan designation of Commercial with a Zoning designation of Planned Development (Commercial). The parcel is located in the Bay Point area of Contra Costa County. Maureen Toms of the County should be contactedat (925) 335-1250 for questions related to planning. The County Is selling the property "Where Is, as is", and It is the>responsibility of the prospective bidders to satisfy himself/herself as to any risk associated with the property, now or in the future. G.1GrpData1R"lPropkCar#atNoticetoSidders evora.doc January 12,2004 ORAL BIDDING In order to participate In the bidding procedure a CASHIER'S CHECK,CERTIFIED CHECK,OR MONEY ORDER,in the amount of$20,000 must be deposited with the auctioneer prior to the start of bidding. No exceptions. Bidding will open at the$350;000 set bid and continue thereafter until the highest oral bid is finally accepted. At the close of bidding,the highest bidder will be required to execute an"Option to Purchase Agreement"and to leave with the auctioneer their $201,400 non-refundable deposit in the form of a CASHIER'S CHECK CERTIFIED CHECK OR MONEY ORDER. BID ACCEPTANCE Any final acceptance of a bid by the person conducting the sale shall be subject to the approval of the Board of Supervisors by Resolution authorizing and directing the execution of the deed. BID REJECTIONS The County reserves the right to reject any and all offers and waive any informality or irregularity in any offer or to accept any offer deemed in the best interest of the County,or to withdraw the property from the sale. BIDDER DEFAULT In the event that the high bidder falls to exercise his or her Option within the Option period or defaults in completion of the sale,the County may,at its discretion,offer the Caption to the second highest bidder. If the second highest bidder accepts the offer,the deposit requirement and terms of Option to Purchase shall be the same as stated in this notice of sale,except that the Option period shall commence upon acceptance by the Board of Supervisors. CLOSING TRANSACTION Successful bidder will have the Caption period of 120 days after bid acceptance to complete the transaction under the TERMS OF OPTION TO PURCHASE, attached hereto. In the event any terra or condition in the agreement conflicts with or violates any statutory requirements in the sale of public property, then only that part or portion of this agreement so conflicting shall be amended to conform with any applicable legal requirements at the time. All County employees may bid to acquire surplus County property,except employees who have direct access to information not generally available to the public or who influence the purchase or sale of right of way or other real property. THE INFORMATION CONTAINED HEREIN IS BELIEVED RELIABLE, BUT IS NOT GUARANTEED. G.1GrpData\ReaiProp\Carlatsurplus land sales\0raIBiddingEvora.doc January 12,2004 OPTION AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE OPTIONEE NAMED HEREIN (Not to be Recorded) 1. Recitals. a. CONTRA COSTA COUNTY, a political subdivision of the State of California ("County") is the owner of certain real property described in Exhibit "A' attached hereto and made a part hereof, hereinafter referred to as the"Property." b. County proposes to sell the Property. c. ("Optionee") desires to acquire the exclusive right to purchase the Property at an agreed price and under the specific terms and conditions below. 2. Effective Date. The effective date of this Option shall be the date that this Option is approved by the Contra Costa County Board of Supervisors("Effective Date"). 3. Grant of Option. County grants to Optionee the exclusive option to purchase the Property on the terms and conditions in this Option Agreement. 4. Term of Option. The term of this Option shall commence on the Effective date and shall expire or terminate on the earliest of the following dates: a. Option Term. One Hundred and Twenty (120) days following the Effective Date, unless during said one hundred and twenty-day period County agrees in writing to extend the Option Period. b. Extension of Option Period. County, in its sole discretion, shayl have the right, but not the obligation, to extend the term of the Option Term, under such terms and conditions as County believes is reasonable, if County, in its sole discretion, believes such extension is warranted. No such extension shall be effective unless and until it is in writing signed by both parties. C. Breach. Immediately upon a breach or default by Optionee l under this Option Agreement. d. Purchase. The date that the Optionee acquires the entirety of the Property. 5. Consideration for Option a. Payment. As consideration for the Option granted under this Agreement, Optionee agrees to pay County the sum of Twenty Thousand Dollars ($20,000.00) upon the t terms and conditions outlined herein, said amount to be credited to the Purchase Price of the Property ("Option Consideration"). The Option Consideration shall be paid before the date this Agreement is approved by the Boardof Supervisors. The Option Consideration shall be paid at the Public Works Department, Real Property Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County. b. Retention of Option Consideration. Except as provided in Section 10 below, all Option Consideration paid to or on behalf of County shall belong to County and be retained by County,whether or not Optionee ultimately exercises its right to purchase the Property. County shall have no obligation to account for the Option Consideration to Optionee. 6. Terms and Purchase Price. a. Escrow. If the Optionee exercises its Option, at County's option the sale may be consummated through an escrow at a title company to be selected by County (`Title Company,'). In such case, Optionee hereby authorizes County to prepare and file escrow instructions with said Title Company on behalf of Optionee in accordance with this Agreement. Escrow shall be deemed to be closed and the Property shall be deemed to be conveyed on the date the deed to Optionee is recorded ("Closing Date"). All escrow fees, recording fees, documentary transfer;taxes or other real estate transaction taxes or fees, by whatever name known, including broker's commission, if any, and personal property sales taxes where applicable, will be paid solely by Optionee. If title insurance is desired by the Optionee, Optionee will be solely responsible to pay the premium charged therefor. b. Purchase Price. The purchase price ("Purchase Price")for the Property during the Option Term is the sum of Dollars ($_ All Option Consideration paid by Optionee shall be credited to the Purchase Price of the Property. The Purchase Price shall be paid at the Public Works Department, Real Property Division, 255 Glacier Drive, Martinez,CA 94553, payable to the Contra Costa County. C. Title; Grant Deed. The right, title and interest in the Property to be conveyed by County pursuant to this Agreement shall not exceed that vested in the County. If the Optionee exercises its option, the Property shall be conveyed to Optionee subject to all title exceptions, restrictions, easements, liens and reservations, whether or not of record. The sale under this Option is subject to the approval of the Contra Costa County Board of Supervisors. The Optionee may not take ;possession of the Property until a deed from the Contra Costa County has been recorded. If the Optionee exercises its Option, upon approval by the Board of Supervisors, the County shall convey title to the Property to the Optionee by Grant Deed. It is understood that Optionee acquires no right, title, interest or equity in or to said property until a grant deed to Optionee is recorded. 7. Exercise. From and after the Effective Date, this Option may be exercised by Optionee's delivering to County before the expiration of the Option Term, written notice of the exercise("Exercise Notice")and payment of the Purchase Price to the County. 2 8. Condition of the Property. Neither County, nor its agents or employees have made any warranty, guarantee or representation concerning any matter or thing affecting or relating to the Property nor does it assume any responsibility for the conformance to codes or permit regulations of the city or County within which the Property is located. if Optionee exercises this Option, Optionee will accept the Property in an "as is" condition. County has not made and does not make any representation as to the physical condition of the Property. 9. Right of Entry. During the term of this Option and prior to the Closing Date, Optionee, its agents, contractors and employees, shag have the right to enter the Property at all reasonable times for the purpose of performing reasonable tests, engineering studies, surveys, soil and environmental tests and other tests, surveys, studies, and investigations of the Property as Optionee determines necessary or desirable. Optionee will defend, indemnify and hold County harmless from any claim, loss or liability in'connection with any entry by Optionee, its contractors, agents and employees and Optionee will be solely responsible for all costs incurred in connection with these activities or Optionee's investigation of the Property. 10. informalities; Cancellation of Sana. County reserves the right to waive any informality or irregularity on any offer or cancel the sale at any time prior to recording of a deed. In the event of cancellation of sale by County, through no fault, action or inaction of Optionee, all monies deposited shall be refunded without payment of interest. 11. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. a. 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 Gail. (2) When mailed by certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. (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 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: 3 County. Real Property Division Public Works department 255 Glacier Chive Martinez,CA 94553 Attn. Carla Peccianti Telephone: (925)313-2222 Fax (925)313-2333 Optionee: (Name (Address) (Telephone) or to such other addresses as Optionee and County may respectively designate by written notice to the Other. 12. Assignment, Successors and Third-Party Rights. This Option and all rights under this Agreement shall be freely assignable. This agreement shallbe binding on and inure to the benefit of the parties, and their respective heirs, personal representatives, successors and assigns. Nothing in this Agreement, express or implied, is intended to confer on any person, other than the parties and their respective successors and assigns,any rights or remedies under or by reason of this Agreement. 13. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement, The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement.This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. 14. Further Assurances. Whenever requested to do so by the other party, each party shall execute, acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, rebases, powers of attorney, instruments of further assurance, approvals, consents and all further instruments and documents as may be necessary, expedient, or proper in order to complete all conveyances, transfers, sales, and assignments under this Agreement, and do'all other acts and to execute, acknowledge, and deliver all documents as requested in order to carry out the intent and purpose of this Agreement. 15. Governing'Law. This Agreement shall be governed and construed in accordance with California Law. The venue for any legal action pertaining to this Agreement shall be Contra Costa County, California. 4 16. Severability. Should any term, portion or provision of this Agreement be finally decided to be in conflict with any law of the United States or of the State of California, or otherwise to be unenforceable or ineffectual,the validity of the remaining parts, terms, portions or provisions of this Agreement shall be deemed severable and shall not be affected thereby, provided that such remaining parts, terms, portions or previsions can be construed in substance to constitute the Agreement that the parties intended to enter into in the first instance. 17. indemnification. As partial consideration for this Agreement, Optionee shall defend, indemnify, protect, save and hold harmless County, its officers, agents, and employees, from any and all claims, costs and liability for any damages, sickness, death or injury to persons or property, including without limitation all consequential damages,from any cause whatsoever, including the sole or joint negligence of County, its agents, officers or employees, arising directly or indirectly from or connected with the repairs or any present or future condition of the Property or use of the Property which is the subject of this Agreement, or any representations, misrepresentations or non-representations regarding its condition or use, and will make good to and reimburse County for any expenditures, including reasonable attorneys' fees that County may make by reason of such matters and, if requested by County, will defend any such suits at the Optionee's sole expense. 18. Survival. All of the terms, ,provisions, representations, warranties and covenants of the',parties under this Agreement shall survive the close of escrow of the property, shall be fully enforceable after the Closing Date in accordance with their terms and shall not merge in the deed or other documents following the delivery and recordation of said deed or other documents. 19. Negation of Optionee or Partnership. No provision of this Agreement shall be construed as malting either party;an agent or partner of the other party. 20. Time of Essence. Time is of the essence for the Option Agreement. If the Option is not exercised in the manner provided in Section 7 before the expiration of the applicable Option Term, Optionee shall have no interest in the Property and the Caption may not be revivedby any subsequent payment or further action by Optionee. 21. Waivers. No waiver of any breach of any covenant or provision in this Agreement shall be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. 5 22. Amendment. This Agreement may not be amended or altered except by a written instrument executed by County and Optionee. 23. Entire Agreement. This Agreement contains the entire agreement between the parties respecting the matters set forth, and expressly supersedes all previous or contemporaneous agreements, understandings,representations or statements between the parties respecting this matter. CONTRA COSTA COUNTY OPTIONEE By .�, ,._- ._ By air, Bo rd of Supervisors ATTEST: JOHN SWEETEN, Clerk of the Board By of Supervisors and County Administrator By . .4 rf deputy APPROVED AS TO FORM by County Counsel June 6, 1997 NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Exhibit A-Legal Description G:4GrpData\RealProp\Carlalsurplus land salestoption evora.doe January 28,2004 6 Excess Property Vicinity of Evora Road at Pomo Street Drawing M-3005-99 Exhibit "A" PARCEL 1: (FEE TITLE) Real property in an unincorporated area of the County of Contra; Costa, State of California, being a portion of the parcel of land described in the deed to Contra Costa County recorded december 22, 1992, in book 18139 of Official Records at page 957, and a portion of the parcel of land described in the deed to Contra Costa County recorded ,January 22, 1991, in book 16360 of Official Records at page92, described as follows: Beginning at the southwest corner of said Contra Costa County parcel (18139 OR 957); thence from said Point of Beginning along the westerly line of said Contra Costa County parcel (18139 OR 957) north 0°17'20"west 17.87 feet to a point from which'a radial line of a non-tangent curve, concave to the northwest, having a radius of 862.01 feet bears north 0017'25" west; thence leaving said westerly line of said Contra Costa County parcel, northeasterly along the arc of said curve, through a central angle of 22041'06" a distance of 341.29 feet; thence non-tangent to said curve, south 46°42'54" east 35.02 feet; thence north 68°40'21" east 265.48 feet to a point, said point bears south 15°03'00" east 54.41 feet from a found Standard Street Monument stamped "CA DEPT. Trans. LS 6214 NL021," as said monument is shown on the Record of Survey Map "RS2168" filed March 19, 1996, in book 108 of LSM at page 32; thence northeasterly and easterly along the arc of a tangent curve, concave to the south, having a radius of 143.00 feet, through a central angle of 39°05'55" a distance of 97.58 feet to a point of compound curvature; thence southeasterly, southerly and southwesterly along the arc of said compound curve, concave to the west, having a radius of 30.O0 feet, through a central angle of 123°55'05" a distance of 64.88 feet; thence tangent to said curve, south 51041'21" west 323.44 feet to a point, said point lies on the line labeled "Proposed Right of Way" as shown on the Record of Survey Map "RS2002" filed September 12, 1995, in book 107 of LSM at page 49; thence along said "Proposed Right of Way" line, south 87050'51" west 47.74 feet; thence north 77013'05" west 418.79 fleet to the Point of Beginning. Containing an area of 1.87 acres of land, more or less. RELINQUISHMENT OF ABUTTER'S RIGHTS: The Grantor hereby releases and relinquishes any and all abutter's rights of access along the following described line: Beginning at the said southwest corner of said Contra Costa County parcel (18139 OR 957); thence from said point, south 77"13'05" east 418.79 feet; thence north' 87050'51" east 47.74 feet; thence north 51041'21" east 323.44 feet; thence northeasterly, northerly and northwesterly along the arc of a tangent curve, concave to the west, having a radius of 30.O0 feet, through a central angle of 123055'05", a distance of 64.88 feet to a point of compound curvature; thence westerly and southwesterly along the arc of said compound curve, concave to the south, having a radius of 143.00feet, through a central angle of 39005'55", a distance of 97.58 feet to the terminus of said line. Bearings and distances are basest on the California Coordinate> System of 1983 (CCS83) Zone Ill. Multiply distances shown by 1.0000669 to obtain} ground distances. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: LAND �, c- ---1�---_---- Licensed Land Surveyor + Contra Costa County Public Works ' Date: _ z ei _ 9 JH:sd OF CRi� 1\PWSi\SHARDAaTA\GrpData\Ctertcal\EXHtBlTS\1999\Excess Property Evora at Pomo.doc 10113199 .... M oft do i �W f r \ r . r I W�h t I Y Y � l r t.,.J.�..! 4. r .. . i o ♦ �,...C.—'X .. 11 YI ,3 It PA40WA AAM I R. 1M 6 Y atrTOK>iM AVEAVIEW IVIDOU a xr « rwRax C/ ! Ilg It } k IA['4N OR YVft sr � ]Rw is 7n !� 1[v... PWAWAM Mt i IIT a � fit C4tk ~ « f ! `rr Fi ro jr s � yis i ` a R rr sA, a JIrJ r ear,� I i CW#U 4WA CAtA( Ate Lft fit JK or fill ✓ y` SITE Nl }IIyAYq EVORA s ROAD � SITE GOBL'E DRIVE