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HomeMy WebLinkAboutMINUTES - 01272004 - C8-C11 ''I'll--,....I.............................................................I..........................I.................................................... .................................................................. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 27, 2004 by the following vote: AYES: SUPERVISORS GIOIA1 UILKEKA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 53 SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance,Minor Subdivision 18-98, Rodeo area. (District M On January 27,2004,this Board resolved that the improvements in Minor Subdivision 18-98 were completed as provided in the Subdivision Agreement with Rodeo Senior Apartments,Inc.and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance.NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to refund the $1,100.00 cash deposit(Auditor's Deposit Permit No. 376037,dated October 18,200 1)plus interest,if appropriate, to EAH/Martine Mackey Development in accordance with Government Code Section 53079 (if appropriate) and Ordinance Code Section 94-4.406. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement and the performance/maintenance surety for $109,200.00, Bond Number RED 1086127 issued by Redland Insurance Company are EXONERATED. JD:rm I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\BO\2004101-27-04\MS 18-99 BO-60.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: Frank Navarro(313-2264) cell Public Works -Accounting,Tax I.D.94-1699153 -M.Valdez,M&T Lab -T.Bell,Construction ATTESTED: JANUARY 27, 2004 Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors Rodeo Senior Apartments 2169 E.Francisco Blvd.,No.B and County Administrator San Rafael,CA 94901 Redland Insurance Company 350 Sansome St.,No. 1000 San Francisco,CA 94104 By Deputy RESOLUTION NO.2004/, 53 . ... ......... ......... ......... 1.11.1 _ ..............__..._. ......... ......... ......... ......... ......... ......... . . .............................................................................................................................. ......................... CORTRA COST�A,C0 Recorder Office Recorded at the request of: STE EN L, WG —I le Recorder Contra Costa County DOC— 2004-0028872-00 02887'2-00 Board of Supervisors w�lC�r1l�C�>l Return to: y, JAN 28, 2004 11:21:42 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd 0,�� 11th-0061960052 1rC/R9/1-2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on January 27, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE_ RESOLUTION NO.200.4/ 54 SUBJECT: Accepting completion of road improvements and completion of warranty period and release of cash deposit for faithful performance for the widening of San Pablo Dam Road,Road Acceptance 1092(cross-reference City of RichmondSubdivision 8184), El Sobrante area. (District 1) The Public Works Director has notified this Board that the public improvements in Road Acceptance 1092 have been completed as provided in the Road Improvement Agreement with LBL- DUC Richmond, L.L.C., heretofore approved by this Board. JD:rm G:\CrpData\Engsvc\Bo\2004\01-27-04\RA 1492 Bo-45.doc I hereby certify that this is a true and correct copy of an Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: Frank Navarro(313-2264) Supervisors on the date shown. Recording to be completed by COB cc: Public Works -Accounting,Tax I.D.75-2769842 -M.Valdez,M&T Lab ATTESTED:_ JANUARY 27,' 2004 -T.sell, ,Construction JOHN SWEETEN Clerk of the Board of Supervisors and -H.Finch,Maintenance Div. � -1.Bergeron,Mapping Div. County Administrator Sheriff-Patrol Div.Commander CHP,c/o Ai CSAA-Cartog Current Planning,Community Development LBL-DUC Richmond,L.L.C. By ,Deputy 14107 Winchester Blvd.,Suite H Los Gatos,CA 95032 American Motorists insurance Company 411 Borei Avenue,Suite 410 San Mateo,CA 94402 RESOLUTION NO.2004/ 54 SUBJECT: Accepting completion of road improvements and completion of warranty period and release of cash deposit for faithful performance for the widening of San Pablo Dam Road,Road Acceptance 1492(cross-reference City of Richmond Subdivision 8184),El Sobrante area. (District I) DATE: January 27, 2004 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the public improvements have been COMPLETED as of December 2002 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY September 12, 2000 American Motorist Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$212,950.00,Bond No.3 SM 959 919 00 issued by the above surety was RETAINED for the lien guarantee period ending January 27,2004, at this time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the widening of San Pablo Dam Road is ACCEPTED and DECLARED to be a County road;the right-of-way was conveyed by separate instrument,recorded in Book 412 of Maps at Page 33, Official Records of Contra Costa County, State of California. BE IT FURTHER RESOLVED that the warranty period was established, and the $4,340.00 cash deposit(Auditor's Deposit Permit No. 341496 , dated November 30, 1999)made by LBL-DUC Richmond,L.L.C.and the performance/maintenance surety for$421,640.00,Bond No.3SM 959 919 00 issued by American Motorists Insurance Company was RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code. On January 27,2004,this Board resolved that the improvements in Road Acceptance 1092 were completed as provided in the Subdivision Agreement with LBL-DUC Richmond,L.L.C.and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance.NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to REFUND the$4,300.00 cash deposit (Auditor's Deposit Permit No.341496,dated November 30, 1999)plus interest,if appropriate,to LBL- DUC Richmond, L.L.C. in accordance with Government Code Section 53079 and Ordinance Code Section 94-4.406. BE IT FURTHER RESOLVED that the warranty period has been completed and the Road Improvement Agreement and surety bond are EXONERATED. RESOLUTION NO. 2404/54 ­­­­.­­.......................................................................................................I.............................. ........... ................................................................... WHEN RECORDED RETURN TO CONTRA Gr COSTA COUNTY FIRE PROTECTION DISTRICT THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on— JANUARY 27, 2004 , by the following vote: AYES: SUPERVISORS GIOIA1 UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/55 SUBJECT: H & N ENTERPRISES, CONTRACT#47612 This Board as the Board of Directors of the Contra Costa County Fire Protection District on July 27,2001, contracted with H &N Enterprises for handmowing and rubbish removal in connection with the weed abatement program of the Contra Costa County Fire Protection District,for work to be performed within the District; and Fire Chief Keith Richter reports that said work has been inspected and complies with the approved plans, special provisions, and standard specifications for the third year of this three-year contract and recommends acceptance as complete as of December 30, 2003. Therefore, said work is accepted as completed on said date, and the Clerk shall file with the County Recorder a copy of the Resolution and Notice as a Notice of Completion for said contract. PASSED AND ADOPTED ON CERTIFICATION AND VERIFICATION I certify that the foregoing is a true and correct copy of a resolution and acceptance duly adopted and entered on the minutes of this Board's meeting on the above date. I declare under penalty of perjury that the foregoing is true and correct. DATED: JOHN SWEETEN COUNTY ADMINISTRATOR CLERK OF THE BOARD BY: DEPUTY Orig. Dept.: Contra Costa County Fire Protection District cc: Contractor(via Contra Costa County Fire Protection District) Auditor-Controller Administrator County Counsel Cie*Recorder tAesg\resacc03 RESOLUTION NO. 2004/55 . . ................................................................................................................................................................................................................................ . . _ ........ ......... ........_... ............. _......... ......... .............. ........... ....._....._............... ._............._...... TO: BOARD OF SUPERVISORS Contra FROM: Fire Chief Keith B. Richter Costa Contra Costa County Fire Protection District n County DATE: January 27, 2004 SUBJECT- Approval of Agreement to Use Property with City of Antioch (s SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Fire Chief to execute an Agreement to Use Property (non-monetary) between Contra Costa County Fire Protection District and City of Antioch for the Fire District's use of certain city properties in Antioch for conducting firefighting training exercises. FISCAL IMPACT: None. BACKGROUN /REASONS FOR RECOMMENDATION: The City of Antioch plans to demolish the city properties in the near future, and this provides the Fire District with an excellent opportunity to conduct firefighting training exercises involving both destructive training activities (e.g., cutting holes in roof and walls to practice ventilation procedures) and non-destructive training activities (e.g., practicing interior search and rescue operations). This agreement sets forth the terms and conditions under which the Fire District can use the property for training purposes and contains an indemnification provision in favor of the City of Antioch. County Risk Management has reviewed and approved the indemnification provision. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _,,,,-APPROVE OTHER �a sa SIGNATURES: \ ACTION OF BO O N .TAM IARY27, 9W4 APPROVED AS RECOMMENDED xx OTHER `1 VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XX UNANIMOUS(ABSENT NONE ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES 8F THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED JANUARY 27, 2004 CoitWt• Mike George 930-5506 JOHN SWEETEN,CLERK OF THE BOARD OF cc: County Administrator/Rich Seithel SUPERVISORS ARID COUNTY ADMINISTRATOR C.G.C. Fire Protection District Risk Management Division/Ah Hing U:ISRMGRSIMHGIBOARDORDERCITYOFANTIOCHPROPERTY40'I.DOC BY DEPUTY AGREEMENT TO USE PROPERTY City of Antioch and Contra Costa County Fire Protection District THIS AGREEMENT is made this 91" day of January, 2044 by and between the City of Antioch, a municipal corporation("CITY") and Contra Costa County Fire Protection District, a fire protection district("DISTRICT") for the use of the property described as follows: Street Address Parcel Number E yt , 1104 W. 5'n Street(4-plex) 066-123-009 Antioch,California 410 L St. (5 units) &412 L Street 066-123-014 Antioch,California 1103 W. 4rh Street 066-123-024 Antioch,California 500 L Street 066-126-001 Antioch, California 506 L Street 066-126-002 Antioch:,California 508 L Street 066-126-003 Antioch; California 512 L Street 066-126-004 Antioch, California 514 L Street 066-125-005 Antioch; California 600 L Street 066-128-001 Antioch;California 608-608 L Street 066-128-002 Antioch, California 610 L St. & 1100 W. 7`h Street 066-128-003 Antioch; California 704 L Street 066-221-020 Antioch; California 804 L Street 066-222-020 Antioch;California 810 L Street 066-222-021 Antioch;California 910 L Street 066-223-018 Antioch, California THE PARTIES HEREBY AGREE AS FOLLOWS: 1. As part of its training activities,DISTRICT shall have the right to use the property from January 27,2004 to February 13, 2044 between the hours of 8:00 a.m. and 5:00 p.m., for purposes of tearing down or destroying the structure(s) on the above-described property. 2. DISTRICT's right to tear down or destroy said structure(s)shefflshall not (cross our inapplicable language)include the right to burn the structure(s). 3. DISTRICT's right to tear down or destroy said structure(s)shall not include the right to salvage any building materials from the property,however,it is agreed by the parties that DISTRICT shall incur no liability for the damage or destruction of any building materials or other personal property on or attached to the premises. 4. DISTRICT shall conduct its training exercises in as safe a manner as possible. CITY shall not be liable for any injury, death or liability during the period, including DISTRICT personnel, or the property of any person during the period of DISTRICT's use of the 1 property, as specified in Paragraph 1 hereof DISTRICT agrees to save, defend, indemnify and hold harmless CITY from any and all claims,costs and liability for any damages, injury or death of or to any person or the property of any person whose injury,death,`damage, claim or liability arises or occurs during or as a result of DISTRICT's use of the property. 5. DISTRICT shall have no liability for any injury, death,damage or liability occurring after the DISTRICT's period of use, as specified in Paragraph 1 hereof,has ended. CITY agrees to save, defend,indemnify and hold harmless DISTRICT from any and all claims, costs and liability for any damages, injury or death of or to any person or the property of any person whose injury,death,damage, claim or liability occurs or arises after the DISTRICT's period of use has ended,unless from the DISTRICT's use of the property. CITY OF ANTIOCH: CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT. By: y. 2