HomeMy WebLinkAboutMINUTES - 12122006 - SD.4 TO: BOARD OF SUPERVISORS Contra-'�� "_-•��'
FROM:. MAURICE M. SHIU, PUBLIC WORKS DIRECTORCosta
DATE: December 12, 2006 1 1 0 p�
s coin C o u ty
SUBJECT: Approve Joint Exercise of Powers Agreement (JEPA), Notice of Intention to Purchase Real Property
and Notice of Intention to Sell Real Property, Pleasant Hill area. (District IV)
Project No. 4500-6X5028 Government Code §§25350, 25363
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
A. ADOPT the attached Mitigated Negative Declaration and Mitigation Monitoring Program for the
project finding that it was prepared consistent with the California Environmental Quality Act
(CEQA) and the State and County CEQA Guidelines.
B. FIND that, on the basis of the whole record, there is no substantial evidence that the project, with
the mitigation measures, will have a significant effect on the environment, and the Mitigated
Negative Declaration reflects the County's independent judgment and analysis, and FIND, in
accordance with Public Resources Code Section 21081 (a) (2), that the mitigation measures are
within the responsibility and jurisdiction of another public agency and can and should be adopted by
that other agency.
C. DIRECT the Director of Community Development to file a Notice of Detennination with the
County Clerk.
CONTINUED ON ATTACHMENT: xp SIGNATUR .
y/
RECOMMENDATION OF COUNTY ADMINISTRATOR RE iMM DATLO BOARD COiMMITTEE
;j APPROVE OTHER
SIGNATURE(S):
Slt�LeL
ACTION OF BOr D IN .L/Q_ f,�2 �'�lj� APPROVED AS RECOMMENDED _ elo OT R
V_OTC-OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
Unanimous(Absent„ COPY OF AN ACTION TAKEN AND ENTERED ON
MINUTES OF THE BOARD OF SUPERVISORS ON THE
Ayes: Noes: ) DATE SHOWN.
Absent: Abstain:
Vacant: District IV
Contact: Karen Laws(925)313-2220
KL:lad
G:\Real11rop\2006-Fi1es\BOs&Res 06\130 Oak Park JEPA&NOI 12-12.doc ATTESTED
JOHN CULLEN,CLERK OF THE BOARD OF
SUPERVISORS
CC County Administrator -
Auditor-Controller(via R/P)
P.W.Accounting
Recorder(via R/P) BY: ,DEPUTY1.Bergeron,Computer Services
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)
SUBJECT: Approve JEPA,Notice of Intention to Purchase Real Property and Notice of Intention to Sell Real
Property,Pleasant Hill area. (District IV)
DATE: December 12, 2006
PAGE: 2 of 3
D. DETERMINE that the parcels of land described in the attached Notice of Intention to Sell Real
Property are surplus and not required for public use.
E. APPROVE the attached Joint Exercise ofPowers Agreement(JEPA)between the County and Mount
Diablo Unified School District(MDUSD) for the Oak Park Boulevard project. AUTHORIZE the
County Administrator, or designee, to execute the JEPA on behalf of the County.
F. APPROVE the attached Notice of Intention to Purchase Real Property and DECLARE the County's
intention to purchase from MDUSD the real property described in Exhibit "B" to the JEPA, in
accordance with the terms of the JEPA and the exhibits attached thereto.
G. APPROVE the attached Notice of Intention to Sell Real Property,DECLARE the Board's intention
to sell the combined 10 acres under the terms and conditions contained in the attached Notice of
Public Land Sale, and APPROVE the Notice of Public Land Sale.
H. SET March 20,2007,at 11:00 a.m.,at the Public Works Department, Conference Room"A"at 255
Glacier Drive, Martinez, California, as the time and place where oral bids will be received and
considered.
I. SET April 3, 2007, at 9:00 a.m., in the Board's Chambers, County Administration Building, 651
Pine Street, Martinez, California, as the date and time for the Board to meet to consummate the
purchase of the 2-acre site and the sale of the combined 10 acres.
J. DIRECT the Clerk of the Board to publish the attached Notice of Intention to Purchase Real Property
in the Contra Costa Times pursuant to Government Code Section 6063.
K. DIRECT the Clerk of the Board 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.
FISCAL IMPACT:
The minimum bid for the public auction sale of the combined 10-acre site is $25,000,000.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The County owns the 8-acre site at 1700 Oak Park Boulevard in the City of Pleasant Hill that was the former Oak
Park Elementary School site. The site has not been used as a public school during the 25 years the County has
owned the property. The property is surplus property and is not required for public use.
MDUSD is the owner of an adjacent property. The County holds an easement over a 2-acre portion of MDUSD's
adjacent property. MDUSD has determined that the 2-acre portion of its adjacent property is surplus property.
The joint marketing and sale of the combined 10 acres is likely to maximize the development potential and sales
price for both properties. Under the terms of the JEPA and the Purchase and Sale Agreement attached as an exhibit
to the JEPA,the County will have the right to take all necessary steps to advertise,market and sell the combined 10
SUBJECT: Approve JEPA,Notice of Intention to Purchase Real Property and Notice of Intention to Sell Real
Property,Pleasant Hill area. (District IV)
DATE: December 12, 2006
PAGE: 3 of 3
acres to a third party. The agreements provide that the County will purchase the 2-acre site from MDUSD if, and
when, it is prepared to consummate the sale of the entire 10 acres to a third party. The net sales proceeds will be
distributed as follows: 90%to County; 106/o to MDUSD.
A Notice of Intent to adopt a Mitigated Negative Declaration (MND) was posted for public comment from
November 8,2006,to November 28,2006.No public comments were received to date.A letter dated November 15,
2006, was received from Central Contra Costa Sanitary District. Another letter dated November 27, 2006, was
received from East Bay Municipal Utility District. Both letters state that service capacity for the site will be
evaluated at the time a development proposal is available for analysis and that development will have to adhere to
the requirements and regulations established by these agencies. Neither letter included concerns related to the
adequacy of the Mitigated Negative Declaration document. Both letters are attached for your review.
The mitigation measures set forth in the MND all address potential impacts on air quality,the presence of hazardous
materials and noise that could result from potential development of the site and potential demolition of the existing
structures on the site. To date, no development has been proposed for the site and no applications have been
submitted to the City of Pleasant Hill (the entity with jurisdiction over development of the site). The City of
Pleasant Hill has reviewed the mitigation measures in the MND. It is anticipated that, upon submittal of
development applications to the City of Pleasant Hill,the City will adopt the recommended mitigation measures in
the MND, and may adopt additional mitigation measures in a future environmental review to address the full
impacts of the particular development under review by the City. As the entity with jurisdiction over the
development of the site,The City of Pleasant Hill will be responsible for monitoring,and verifying compliance with,
the mitigation measures.
CONSEQUENCES OF NEGATIVE ACTION:
The County will be unable to proceed with the joint sale of the County owned 8-acre parcel and the 2- acre portion
of the MDUSD site.
NOTICE OF
PUBLIC LAND SALE
Option to Purchase
�y Auction Sale
r
DATE: March 20, 2007 ,
.fTM TIME: 11 :00 a.m.
z;Y PLACE: Public Works Department
Conference Room "A"
255 Glacier Drive
Martinez, CA 94553
PROPERTY LOCATION: 1700 Oak Park Blvd., Pleasant Hill
PROPERTY DESCRIPTION: 10+-acre
PROPERTY INFORMATION: Assessor's Parcel No.: 149-230=005 & 2 acre
Portion of 149-230-008
Size: 10+-acre
Zoning: PUD High Density
Utilities: Available on or adjacent to site
MINIMUM BID: $25,000,000
OPTION DEPOSIT AMOUNT: $200,000 (non-refundable) in the form of a certified check,
cashier's check or money order (no personal checks): $50,000 due at the time of the auction,
the remaining $150,000 from the successful bidder 7 days following approval by the Board of
Supervisors.
OPTION PERIOD: 60 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 Karen A. Laws, Real Property Agent at
(925) 313-2228 Monday through Thursday between 7 a.m. and 4 p.m.
GARea1Prop\2006-Files\06-10\1700 Oak Park AuctionNotice.doc
R
1700 OAK PARK BOULEVARD
INITIAL STUDY
MITIGATED NEGATIVE DECLARATION
Disposition and Potential Demolition
of the Former Oak Park Elementary School Site
Located in the City of Pleasant Hill,.CA
PREPARED BY:
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
651 Pine Street, N. Wing— 4th Floor
Martinez, CA 94553
pa
��srqcouK '
November 2006
Environmental Checklist Form
1. Project Title: Disposition and Potential Demolition of the Former Oak
Park Elementary School Property
2. Lead Agency Name and Address: Contra Costa County Community Development Dept.
651 Pine Street, 2"d Floor,North Wing
Martinez, CA. 94553
Attn: Telma Moreira
3. Contact Person and Phone Number: Contra Costa Community Development
2530 Arnold Drive, Suite 190
Martinez, CA 94553
Attn: James Kennedy
Deputy Director-Redevelopment
4. Project Location: 1700 Oak Park Blvd.
Pleasant Hill, CA 94523
APN 4 149-230-005 and#149-230-008
5. Project Sponsor's Name and Address: Contra Costa County Community Development 2530
Arnold Drive, Suite 190
Martinez, CA 94553
Attn: James Kennedy
Deputy Director-Redevelopment-
6. General Plan Designation: Mixed Use,MU (8-acre County Property)portion of the
District's property(2-acre)designated as "School" under
the City of Pleasant Hill General Plan
7. Zoning: Planned Unit Development, PUD(County Property)and
R-]0 Single-family Residential (District's property)
8. Description of Project:
Background:
The County of Contra Costa("the County") is the owner of an 8-acre site in the City of Pleasant Hill
that was the former Oak Park Elementary School site (the "County Property"). The site has not been
used as a public school for over twenty years, during which time the County owned the property. The
Mt. Diablo Unified District ("the District") is the owner of an adjacent 2 acre site, over which the
County holds an Easement(the"MDU SD Property"). Collectively the 10-acre site is the "Property".
History of the County Property: The former Oak Park Elementary School site was acquired in 1981
by the County in an exchange of land with the Contra Costa County Office of Education. The
property was originally acquired for a central county courts complex, a proposal which was
abandoned due to community opposition.
In the early 1990's the County worked with the City of Pleasant Hill, its Redevelopment Agency, the
Mt. Diablo Unified School District, and the Pleasant Hill Park and Recreation District to develop a
plan for disposition of the former Oak Park Elementary School site as part of a reuse program. While
2
several ideas and conceptual plans were adopted for the site,there has been no consensus between the
parties involved on plans for development of the Elementary School site.
In August of 2001, the Contra Costa County Board of Supervisors agreed to participate on an Ad Hoc
Policy Task Force with the City of Pleasant Hill and the School District regarding the South Pleasant
Hill issues which included the former High School Site (now used as a Middle School), Beatrice
Road (County Flood Control Site), County Central Library, and the former Oak Park Elementary
School site.
Purpose of the Project:
The purpose of the project is as follows:
• County purchase of the 2-acre MDUSD Property;
• County sale of the 2-acre MDUSD Property together with the 8-acre County Property; and
• Potential demolition of the former Oak Park School building prior to sale.
Potential Development of the Property
As stated in the California Environmental Quality Act(CEQA) Guideline Section 15144, preparing a
Negative Declaration involves some degree of forecasting. An agency must do its best to disclose all
that it reasonably can. Since development of the Property is foreseeable, this document includes a
discussion of the potential development of the Property, and its foreseeable impacts.
It is important to note that no development has been proposed for the site and no applications have
been submitted to the City of Pleasant Hill. It is not possible to predict all the impacts the future
development will cause on the environment. However,the County believes development of the site is
foreseeable and for purposes of this analysis is assuming that future development will provide a level
of development commensurate with the City of Pleasant Hill General Plan and Zoning Ordinances.
As stated under Section 15145, Speculation, "If, after thorough investigation, a lead agency finds that
a particular impact is too speculative for evaluation, the agency should note its conclusion and
terminate discussion of the impact. "
The mitigations presented in the following sections of this document are intended to reduce
impacts of potential demolition and some of the foreseeable impacts of potential
development. Upon submittal of development applications to the City of Pleasant Hill,
additional mitigations may be adopted in a future environmental review to address the full
impacts of the development.
9. Surrounding Land Uses and Setting: The site constitutes parcel (APN #149-230- 005)
former 8-acre site of the Oak Park Elementary School, which is located immediately south of
the former 30.2 acre High School site (APN #149-230-008). The surrounding land uses
include the East Bay Municipal Utility District (EBMUD) right-of-way, Grayson Creek, a
senior citizen facility, and detached single-family residences to the east; City of Pleasant Hill
and City of Walnut Creek additional detached single-family residences to the south; the
Contra Costa Main Library and the offices of the Contra Costa County Board of Education to
the west; and Pleasant Hill Middle School (former High School) owned by the Mt. Diablo
Unified School District.
10. Other public agencies whose Mt. Diablo Unified School District and Contra
approval is required (e.g. permits, Costa County.
financing, approval, or
participation agreement):
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Land Use and Planning _ Transportation/ _ Public Services
Population & Housing Circulation _ Utilities & Service
Geological Problems _ Biological Resources Systems
Water Quality _ Energy & Mineral Aesthetics
X Air Quality Resources _ Cultural Resources
X Mandatory Findings of X Hazards Recreation
Significance X Noise
DETERMINATION
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
X I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because the mitigation measures described on an attached sheet
have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but at least one
effect(1) has been adequately analyzed in an earlier document pursuant to applicable legal standards,
and (2) has been addressed by mitigation measures based on the earlier analysis as described on
attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless
mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, there
WILL NOT be a significant effect in this case because all potentially significant effects (a) have been
analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or
mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed
upon theproposed project./
Signature Date
Telma Moreira
Senior Planner
Contra Costa County Community Development Department
4
Potentially
Sipificant
Potential)), Unless Less Than
Si(_mificant Mitigation siplificani No
Impact Inco6rated Impact Impact
SOURCES
In the process of preparing the Checklist and conducting the evaluation, the following references (which are
available for review at the Contra Costa County Community Development Department, 651 Pine Street 2nd
Floor-North Wing, Martinez)were consulted:
1. City of Pleasant Hill General Plan,July 21, 2003
2. City of Pleasant Hill Draft E1R for the City's Draft General Plan,January 2003
3. Contra Costa County Resource Mapping System - Walnut Creek Quad Sheet Panels, CA
4. Contra Costa County Important Farmland Map 2002
5. Contra Costa County Rare Endangered and Unique Plants and Animals Map
6 Cortese List
7. South Pleasant Hill Detention Basin Area Transportation Study, prepared by Fehr & Peer,
November 2002.
8. Phase I Environmental Site Assessment Report, prepared by Jonas & Associates Inc., November
2000.
9. Consensus Plan Pleasant Hill Adult Center, Formerly Pleasant Hill High School, prepared by
Loving& Campos,November 1995.
10. City of Pleasant Hill Policies Regarding Development and Redevelopment of the Oak Park
Study Area, prepared by the Pleasant Hill Redevelopment Agency, June 1992.
H. South Pleasant Hill Issues-Contra Costa County Board Order by Mark DeSaulnier, Supervisor, dated
August 14, 2001.
12. Contra Costa County General Plan, 2005-2020.
5
Potentially
Sipificant
Potentially Unless Less Than
sipificant Mitigation Significant No
Impact Incorporated Impacl Impact
EVALUATION OF ENVIRONMENTAL IMPACTS:
I. AESTHETICS—Would the project:
a. Have a substantial adverse effect on a scenic
vista? X
b. Substantially damage scenic resources, including
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway? X
c. Substantially degrade the existing visual character
or quality of the site and its surroundings? X
d. Create a new source of substantial light or glare
that would adversely affect day or nighttime
views in the area? X
Summary of Comments:
The CEQA Guidelines indicate that a project will normally have significant adverse visual impacts if it
would:
• Have a substantial, adverse effect on a scenic vista;
• Substantially damage scenic resources, including, but not limited to, trees, rock outcropping, and
historic buildings within a state scenic highway;
• Substantially degrade the existing visual character or quality of the site and its surroundings; or
• Create a new source of substantial light or glare that would adversely affect day or nighttime views in
the area.
The proposed project includes the sale by the MDUSD and the purchase by the County of a 2-acre portion of
the MDUSD Property (30-acre former High School site), disposition of the Property (which would total 10
acres after the 2-acre purchase), and potential demolition of the former Oak Park Elementary School.
The County Property has a General Plan designation of Mixed Use and Zoning designation of Planned Unit
Development. The MDUSD Property is zoned as R-10, Single Family Residential with a General Plan
designation of School.
The former Oak Park Elementary School occupies most of the western portion of the County Property. The
former Pleasant Hill High School (District's property now used as a Middle School) is in operation and it is
located north of the County Property.
The surrounding land uses include the East Bay Municipal Utility District (EBMUD) right-of-way, Grayson
t
6
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incomorated Impact Impact
Creek, a senior citizens facility, and detached single-family residences to the east; additional detached single-
family residences to the south; the Contra Costa Main Library and the offices of the Contra Costa County
Board of Education to the west; and Pleasant Hill Middle School (former High School) owned by the Mt.
Diablo Unified School District.
Oak Park Boulevard is designated as a scenic corridor The City of Pleasant Hill Zoning Ordinance requires
approval by the City's appointed Architectural Review Commission for all exterior construction of single-
family residences.
The City of Pleasant Hill General Plan Housing Element(Table H22. Potential Sites for Housing 1999-2006)
identifies the County Property as site for the development of potentially 96 housing units. As identified in the
City of Pleasant Hill Land Use Element, the site has a General Plan designation of Multi Use and is zoned as
Planned Unit Development. According to the General Plan, the 10-acre Property could yield a total of 120
residential units(12 units per 1 net acre).
Potential Development
Demolition of the site could cause a nuisance to the neighborhood; however, it would be only temporary in
nature. While evaluating the development of the site to its full development capacity, either 120 residential
units, or combination of commercial/ recreational and residential, it is possible that development of the site
may have an aesthetic impact on the surrounding area.
No development has been proposed for the site, and it is not known if future development will be limited to
residential, commercial, or a combination of all . Without a description of the proposed development, it would
be speculative to assume the aesthetic impacts the development could cause .
II. AGRICULTURAL RESOURCES
a. Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-
agricultural use? X
b. Conflict with existing zoning for agricultural use,
or a Williamson Act Contract? X
c. Involve other changes in the existing
environment, which due to their location or
nature, could result in conversion of farmland, to
non-agricultural use? X
a
7
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Summary of Comments:
There are no agricultural uses associated with the Property. The site is not subject to a Williamson Act
contract, nor is the site listed in the 2002 Contra Costa County Important Farmland Map.
III. AIR QUALITY
a. Conflict with or obstruct implementation of the
applicable air quality plan? X
b. Violate any air quality standard or contribute to
an existing or projected air quality violation? X
c. Result in a cumulatively considerable net increase
of any criteria pollutant for which the project
region is a non-attainment under an applicable
federal or state ambient air quality standard
(including releasing emissions which exceed
quantitative thresholds for ozone precursors)? X
d. Expose sensitive receptors to substantial pollutant
concentrations? X
e. Create objectionable odors affecting a substantial
number of people? X
Summary of Comments:
According to CEQA Guidelines, a project will normally have a significant adverse impact on air quality if it
will violate any ambient air quality standard, contribute substantially to an existing or projected air quality
violation, or expose sensitive receptors to substantial pollutant concentrations.
Potential Demolition: It is likely that demolition will be conducted by the site's future developer. Should
demolition take place, short-tern emissions and objectionable odors may be generated during project-related
demolition activity; these effects would be minor and temporary.
Demolition can generate dust and other pollutants originating from motorized construction equipment. . The
implementation of dust control practices including general watering of exposed areas will minimize project-
related air quality impacts during demolition. With the implementation of best management practices, the
minor, negligible deterioration of ambient air quality during demolition at the project site will have no
adverse long-term impacts to air quality.
Potential Development: It is expected that the impact of the potential future construction will also generate
dust and other pollutants originating from motorized construction equipment. The development of the site
will not involve the establishment of uses that will emit a large source of pollutants during its operation, there
would be no stationary source pollutants(pollutants generated by the operation of the project) and most of the
Q i
8
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Im act Incoroorated Impact Impact
pollutants would be generated during construction phase, which is temporary in nature. The Bay Area Air
Quality Management District has established threshold of significance for some pollutants; however, the
threshold applies to the operation of a project, and not to the pollutants generated during construction because
they are merely temporary in nature.
In order to minimize impacts during potential demolition and construction of the potential development,the
following mitigations will ensure that air quality impacts are less than significant.
AIR-I During construction all active construction areas should be watered at least twice
daily.
AIR.2 During construction all paved access roads and staging areas should be swept with water
sweepers three times daily to control dust.
AIR-3 During construction and/or demolition trucks transporting earth material off site
should be covered and speed limited to 15 mph.
AIR-4 During construction erosion control measures should be installed to prevent silt runoff to
public roadways if rain is forecasted within 72 hours.
AIR-5 During construction and/or demolition contractors should be required to use properly tuned
and muffled equipment and eliminate unnecessary idling of equipment when not in use.
IV. BIOLOGICAL RESOURCES—Would the project:
a. Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans, policies,
or regulations, or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service? X
b. Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service? X
c. Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of
the Clean Water Act (including but not limited to,
marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or
other means? X
d. Interfere substantially with the movement of any
9
Potentially
Significant
Potentialh, Unless Less Than
Significant Mitigation Significant No
]moat[ Incomorated Impact Impact
native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use of
native wildlife nursery sites? X
e. Conflict with any local policies or ordinances
protecting biological resources, such as tree
preservation policy or ordinance? X
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional or state habitat conservation plan? X
Summary of Comments:
The 10 acre Property has flat topography. Vegetation consists predominately of fallow turf with
miscellaneous shrubs and trees along the perimeter of the Property. The major waterways in the City of
Pleasant Hill are Grayson Creek and Contra Costa Canal. These waterways are largely paved and channelized.
Nevertheless, these waterways provide some habitat in the channel bottoms, where sediment has collected and
created opportunities for vegetation and animal species. A portion of the East Branch Grayson Creek is
located within the MDUSD Property;however, outside of the County Property. The Property is located
within an urbanized area of the City of Pleasant Hill. The potential demolition of the former school building
will cause a less than significant impact on biology.
V. CULTURAL RESOURCES—Would the project:
a. Cause a substantial adverse change in the
significance of a historical resource as defined in
Section 15064.5 X
b. Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to 15064.5? X
c. Directly or indirectly destroy a unique
paleontological resource or site or unique
geological feature? X
d. Disturb any human remains, including those
interred outside of formal cemeteries? X
Summary of Comments:
According to CEQA Guidelines, Section 15064.5, the term "historical resources" includes a resource
listed, or determined to be eligible by the State Historical Resources Commission, for listing in the
California Register of Historical Resource; a resource included in a local register of historical
10
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Imoact Incorporated Impact Impact
resources, as defined in Sections 5020.1 (K) and 5024.1 (g) of the Public Records Code; and any
object, building, structure, site, area, place, record, or manuscript which a lead agency detennined to
be historically significant.
The former Oak Park Elementary School still occupies most of the western/center portion of the site,
and has therefore, been considerably disturbed. Since the County Property has been previously
developed, demolition will cause less the significant impact on cultural resources.
Vl. GEOLOGY AND SOILS—Would the project:
a. Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury, or death involving:
1. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42. X
2. Strong seismic ground shaking? X
3. Seismic-related ground failure, including
liquefaction? X
4. Landslides? X
b Result in substantial soil erosion or the loss of
topsoil? X
c. Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on-or
off-site landslide, lateral spreading, subsidence,
liquefaction or collapse? X
d. Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1998),
creating substantial risks to life or property? X
e. Have soils incapable of adequately supporting the
use of septic tanks or alternative waste disposal
systems where sewers are not available for the
disposal of wastewater? X
� 1
11
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incomorated Impact Imnact
Summary of Comments:
An earthquake of moderate to high magnitude generated in the San Francisco Bay Region could cause
considerable ground shaking at the site, The shaking effects on the structures will be mitigated with the use of
sound engineering technique and in accordance to the latest Uniform Building Code (UBC)requirements.
There are no Alquist-Priolo earthquake fault zones in the area, so the risk of the surface fault rupture is
considered low. The Concord Fault lies about one mile northeast of the City of Pleasant Hill, and the
Calaveras and Hayward Faults about 7.5 miles southeast and 11 miles respectively. Local faults are
considered to be inactive and insignificant.
The.Property is flat and not identified in the City's General Plan Safety Element as a hazard site area.
Demolition of the Property will have a less than significant impact on geology. Any future development will
be constructed to ensure safety of buildings are considered and to ensure that they meet all of the City and
State building regulations.
VI1. HAZARDS AND HAZARDOUS MATERIALS—Would the project:
a. Create a significant hazard to the public or the
environment through the routine transport, use or
disposal of hazardous materials? X
b. Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment? X
c. Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances or waste
within one-quarter mile of an existing or proposed
school? X
d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65862.5 and, as a
result, would it create a"significant hazard to the
public or the environment? X
e. For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project result in a safety hazard
for people residing or working in the project area. X
f. For a project within the vicinity of a private
airstrip, would the project result in a safety hazard
for people residing or working in the project area? X
g. Impair implementation of or physically interfere
I
12
Potentially
Sit_mificant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
with an adopted emergency response plan or
emergency evacuation plan? X
b. Expose people or structures to a significant risk of
loss, injury or death involving wildland fires,
including where wildlands are adjacent to
urbanized areas or where residences are
intermixed with wildlands? X
Summary of Comments:
The Property is not included on a list of hazardous materials sites compiled pursuant to Government Code
Section 65862.5. The Property is not located near an EPA designated `Brownfields" or other marginal
industrial or commercial land uses. The Property is not located within an airport land use plan or, where such
a plan has not been adopted, within two miles of a public airport or public use airport. Additionally, the
project would not expose people or structures to a significant risk of loss, injury or death involving wildland
fires.
A Phase I Environmental Site Assessment Report was prepared for the site by Jonas and Associates Inc., in
November of 2000. There was no lead-based paint or asbestos evaluated as part of this study. The Phase I
Site Assessment included data base search conducted by VISTA information System Solutions, Inc. to
identify existing documentation related to environmental incidents at the site and/or at surrounding properties
and review of the following facility records:
• Operations: process flow charts and raw materials lists;
• Proposition 65 lists;
• Tanks: underground tank registration inventory reports and leak detection system/records;
• Inspection reports and disposal records of PCB's;
• NPDES permits and sewer district permits/records;
• Permits, monitoring and notice of violation on Air Quality;
• The Hazardous waste activity Resource Conservation and Recovery Act(RCRA)-Part A and
B, groundwater monitoring reports,manifests, generators annual reports; and hazardous
material management plans.
Based on review of available documents, interviews of individuals familiar with the property and based on the
site reconnaissance of the site, no adverse environmental impacts associated with hazardous materials were
identified.
Demolition of the school will not create a significant hazard to the public or the environment. However, due
to the age of the school building it is likely that it could contain asbestos and lead-based paint. If appropriate
clean-up is not conducted, lead-based paint could be released in the form of dust in the immediate
environment. The former High School site to the north is occupied by the Mt. Diablo Middle School and
other adult classes services. The County Central Library is located west of the site and single-family homes
are located along the east and south of the property.
>a ,
1�
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
With the following mitigations, the concern involving potential asbestos and lead-based paint will be
considered a less than significant impact:
HAZ-1 A Lead-based paint and asbestos testing should be conducted in a manner that meets all the
requirements of Federal, State, and City of Pleasant Hill regulations.
HAZ-2 All debris generated with the demolition material should be transported to an approved
facility and conform to any debris recovery program available that meets the standards of the _
County and City of Pleasant Hill.
VIII. HYDROLOGY AND WATER QUALITY—Would the project:
a. Violate any water quality standards or waste
discharge requirements? X
b. Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater
table (e.g., the production rate of pre-existing
nearby wells would drop to a level which would
not support existing land uses or planned uses for
which permits have been granted)? X
c. Substantially alter the existing drainage pattern of
the site or area, including through the alteration of
the course of a stream or river, in a manner that
would result in substantial erosion or siltation on-
or off-site? X
d. Substantially alter the existing drainage pattern of
the site or area, including through the alteration of
the course of a stream or river, or substantially
increase the rate or amount of surface run-off in a
manner that would result in flooding on-or off-
site? X
Create or contribute runoff water that would
e. exceed the capacity of existing or planned storm
water drainage systems or provide substantial
additional sources of polluted runoff? X
f. Otherwise substantially degrade water quality? X
g. Place housing within a 100-year flood hazard area
as mapped on a Federal Flood Hazard Boundary
or Flood Insurance Rate Map or other flood
hazard delineation map? X
14
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
h. Place within a 100-year flood hazard area
structures that would impede or redirect flood
flows? X
i. Expose people or structures to a significant risk of
loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or
dam? X
j. Inundation by seiche,tsunami, or mudflow? X
Summary of Comments:
The Property location is not identified as a Flood area designated by the Federal emergency Management
Agency(FEMA). The East Branch Grayson Creek is located outside of the 8-acre County property. Based on
the surface topography, it is reasonable to assume an east/southeasterly groundwater flow direction.
The upper portions of Grayson Creek and Murderers Creek watershed still experience flooding. In the mid
1980's the County Flood Control District developed Drainage Area 46, a plan for flood protection
improvements for the above mentioned creeks watersheds. The former Oak Park Elementary School was one
of the properties considered for the location of a new detention basin. The decision to locate a detention basin
has not been concluded.
It is expected that potential development may cause additional impervious surface on the Property. Without a
proposed development, it is impossible to identify the amount of impervious surface or the potential impacts
the development will cause on hydrology and water quality. Further environmental review will analyze any
potential impacts on hydrology.
IX. LAND USE AND PLANNING—Would the project:
a. Physically divide an established community?
X
b. Conflict with any applicable land use plan, policy,
or the regulation of an agency with jurisdiction
over the project (including, but not limited to the
general plan, specific plan, local coastal program,
or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect? X
c. Conflict with any applicable habitat conservation
plan or natural community conservation plan? X
t Y
15
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Sigmificant No
Impact Incomorated Impact Impact
Summary of Comments:
Pleasant Hill Land Use Regulations:
The General Plan designations of the County Property is Mixed Use. Mixed Use land use is described as
follows: "...combines residential with retail, commercial, office and/or public uses with flexible parking
and setback requirements. Individual Mixed use projects are not expected to contain any specific
combination of these uses, and the development potential of each Mixed Use site shall be determined
through project review under the provisions of the Planned Unit development (PUD)Zoning District. "
The site is currently zoned Planned Unit Development(PUD). The current PUD zoning does not describe
allowed land uses of development regulations. However,the General Plan stipulates that any development
within a PUD district shall require rezoning to new PUD district, including the adoption of specific
development standards. Portion of the Property(MDUSD 2-acre Property)has a General Plan designation
of School and Zoning of R-10, Single-family Residential. Depending on the type of development within
the MDUSD Property, it is likely that a General Plan/Zoning Amendment will be required to allow
development to be consistent with the remainder of the Property's General Plan and Zoning of Mixed Use
and Planned Unit Development.
The City's affordable housing regulations require developers of more than five units to provide on-site
affordable units by complying with one of the following provisions:
At least 10 percent of the dwelling units as inclusionary units for occupancy by low-income
households; or at least 5 percent of the dwelling units as inclusionary units for occupancy by
very-low income household- or at least 25 percent of the dwelling units for qualifying senior
residents; or at least 20 percent of the dwelling units as secondary units (Section 18.20.060 City
of Pleasant Hill Municipal Code,Affordable Housing).
As previously discussed, the 8-acre County Property is zoned Planned Unit Development with a General
Plan designation of Mixed Use. The MDUSD Property to be purchased by the County is zoned as R-10
with a General Plan designation of School according to the City of Pleasant Hill Land Use Element. The
proposed project involves 1) the County purchase of the 2-acre MDUSD Property; 2) the County sale of
the 2-acre MDUSD Property together with the 8-acre County Property; and 3)the potential demolition of
the former Oak Park School building prior to sale.
Land uses within the area are primarily residential and some minor commercial use along Cleaveland
Road, and Oak Park Boulevard near Patterson Boulevard. Four schools are located within the vicinity of
the Property. The Oak Park Elementary School building (now vacant) and Pleasant Hill Middle School
Campus (formerly Pleasant Hill High School) both located on Monticello Avenue just north of Oak Park
Boulevard; and Sequoia Elementary School and Sequoia Middle School located on Boyd road between
Patterson Boulevard and Cleaveland Road.
The City of Pleasant Hill General Plan Housing Element (Table H22. Potential Sites for Housing 1999-
2006) identifies the Property for the development of potentially 96 housing units. Table H22 of the
fi
16
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Imoact Incorporated lmoact Imoact
Housing Element additionally describes the potential 96 units to be distributed with the following
affordability: 20 units for very low income, 8 units for low income, 30 units for moderate income, and 38
units for above moderate income.
Considering the highest development potential of the site (12 units per net acre) the Property could
potentially yield a maximum of 120 units. Future development may also provide for a mix of commercial
and residential development.
The City of Pleasant Hill is almost entirely built-out. Approximately 1.5% of land in the City is available
for new development. Goal No. 3 of the Community Development Element of the General Plan states
that following: "Generate thriving, attractive and cohesive development at vacant or underutilized sites.
Once the scope of the project is known, future environmental review will analyze the potential impacts
related to land use. Identifying land use impacts of the Property development at this time would be
speculative and therefore, inappropriate for further discussion.
X. MINERAL RESOURCES—Would the project:
a. Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state? X
b. Result in the loss or availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific plan,
or other land use plan? X
Summary Comments: The site has been previously developed. According to Figure 8-4 of the County
Conservation Element(Mineral Resource Areas)the site is not identified as mineral resource area. There
will be no impacts on mineral resources.
XI. NOISE—Would the project result in:
a. Exposure of persons to or generation of noise
levels in excess of standards established in the
local general plan or noise ordinance, or
applicable standards of other agencies? X
b. Exposure of persons to, or generation of,
excessive ground borne vibration or ground borne
noise levels? X
c. A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project? X
d. A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
fl ,
17
Potentially
sip ficant
Potentially Unless Less Than
Significant Mitigation Sibmificant No
Impact Incorporated Impact impact
levels existing without the project? X
e. For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project expose people residing
or working in the project area to excessive noise
levels? X
f. For a project within the vicinity of a private
airstrip, would the project expose people residing
or working in the project area to excessive noise
levels?
X
Summary of Comments:
CEQA indicates that a project will normally have a significant adverse impact if it causes a substantial
increase in the ambient noise level in areas adjacent to the project site.
The impact of noise that will be generated by the demolition on the site could result in a temporary
increase in ambient noise levels in the project vicinity above levels existing without the project.
Construction associated with the future development would also result in a temporary increase in the
noise levels for the area. In order to minimize noise impacts from potential demolition and potential
development,the developer should be required to comply with the following mitigations:
NOH "Quiet' equipment (i.e., equipment with mufflers) should be used when
available(Note: some smaller equipment cannot be equipped with mufflers)
NOI-2 Equipment exhaust stacks and vents should be directed away from residences
whenever feasible.
NOI-3 Idling time of construction equipment should be minimized. Pickup trucks and
other small equipment shall be limited to a maximum idling time of 5 minutes
(Note: larger vehicles, such as large diesel vehicles, require extended warm-up
times after startup, and some equipment shall remain running when required for
repetitive tasks or to power other equipment.
With the above mentioned noise mitigations, demolition/construction of the site will cause a less then
significant impact on noise.
la
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Im act Incornorated Impact Impact
XII. POPULATION AND HOUSING—Would the project:
a. Induce substantial population growth in an area,
either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through extension of roads or other
infrastructure)? X
b. Displace substantial numbers of existing housing,
necessitating the construction of replacement
housing elsewhere? X
c. Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere? X
Summary of Comments:
Potential demolition of the site should have a less than significant impact on housing and population.
A previously discussed, the County Property is listed in Table H22, of the Housing Element, as a
potential site for the development of 96 residential units. Consideration of approval of the development
will be based on its intention to meet goals, policies, and programs established by the City's Zoning
Ordinance and General Plan. If future development is sensitive to these goals, and polices, it should have
less than significant impact on population and housing. Further discussion on the impact of the project on
housing and population would be speculative at this point and inappropriate for further discussion.
XIII. PUBLIC SERVICES
a. Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times
or other performance objectives for any of the
public services?
1. Fire Protection? X
2. Police Protection? X
3. Schools? X
4. Parks? X
5. Other public facilities? X
r
19
Potemnally
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Summary of Comments: The purpose of the project is to provide for disposition/demolition of the
Property, which will consequently allow for future development of the site.
The Property is located within an urbanized area and served by the City of Pleasant Hill public services.
Public services/agencies available and serving the area are the Contra Costa County Fire Protection
District, City of Pleasant Hill Police Department, Mt. Diablo Unified School District, County Connection,
and Pleasant Hill Recreation & Park District. Potential demolition should cause a less than significant
impact on public services.
XIV. RECREATION
a. Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would occur
or be accelerated? X
b. Does the project include recreational facilities or
require the construction or expansion of
recreational facilities that might have an adverse
physical effect on the environment? X
Summary of Comments: Potential demolition will cause a less than significant impact on the project. It
is not possible to identify all the impacts potential development will cause on recreation. Future
environmental review will be conducted by the City of Pleasant Hill and potential impacts on recreation
may be identified.
XV. TRANSPORTATION/TRAFFIC—Would the project:
a. Cause an increase in traffic that is substantial in
relation to the existing traffic load and capacity of
the street system (i.e. result in a substantial
increase in either the number of vehicle trips, the
volume to capacity ratio on roads, or congestion
at intersections? X
b. Exceed, either individually or cumulatively, a
level of service standard established by the county
congestion management agency for designated
roads or highways? X
c. Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks? X
20
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
I act Incorporated Impact Impact
d. Substantially increase hazards due to a design
feature (e.g. sharp curves or dangerous
intersections) or incompatible uses (e.g. farm
equipment)? X
e. Result in inadequate emergency access? X
f. Result in inadequate parking capacity? X
g. Conflict with adopted policies, plans or programs
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)? X
Summary of Comments:
Background Information
The City of Pleasant Hill is located off Interstate 680, the only north-south freeway in the County.
Interchange improvements in the late 1990s helped improve access between Interstate 680 sand Contra
Costa Boulevard, the busiest north-south arterial in the City. Oak Park Boulevard, immediately south of
the Property, is a east-west arterial from Pleasant Hill Road and approximately '/2 mile from Interstate
680, where it becomes Coggins Drive, a collector serving the Pleasant Hill BART Station area. Oak Park
Boulevard accommodates regional through-travel,local residential and commercial access, with key
intersections at Pleasant Hill Road, Putnam Boulevard, Monticello Avenue, Pleasant Valley Drive, Contra
Costa Boulevard and Buskirk Avenue.
In 1988 Measure C was passed,which required the inclusion of a growth management element in the City
of Pleasant Hill General Plan. The significance of the impact of a project will be measured on how the
project conflicts with the objectives of the Growth Management Element (which sets an acceptable level
of service), and how it conflicts with the goals and policies of the Circulation Element. According Table
C3. Peak Hour Intersection Levels of Service, of the City of Pleasant Hill General Plan, the volume-to-
capacity ration (V/C)l* of Oak Park Boulevard is as follows: A.M. Peak Hour V/C of 0.69 with a Level of
Service B) and P.M. Peak Hour V/C of 0.64 also with a Level of Service B.
The Contra Costa Transportation Authority prepared its first major update to the Countywide
Comprehensive Transportation Plan (CTP) in the year 2000. The CTP included year 2000 and 2020
traffic projections of the City of Pleasant Hill based on the Association of Bay Area Governments
(ABAG) population projections. The projections identified potential increases in Average Daily Trip
(ADT) of 50 to 90 percent in some major roads and smaller increases on minor roads. Level of Services
standards are considered to be met if measurements show that intersection operations are equal to or
better than the standard, or if the City of Pleasant Hill's adopted Capital Improvement Programs includes
project)s) that, when constructed, will result in operations equal or better than the standard. Findings of
Consistency with the LOS standards may be made only if a traffic impact analysis shows that project
approval is consistent with adopted Actions Plans for Routes of Regional Significance and will not result
in violation of adopted standards at any Basic Route signalized intersection, unless projects in the City's
*Volume-to-capacity ration of 1 equals Level of Service F
t., v
21
Potentially
Significant
Potentially unless Less Than
Significant Mitigation significant No
Impact Incorporated Impact Impact
Capital Improvement Program will result in attainment of the standards, or if Findings of Special
Circumstances (including imposition of appropriate mitigation measures) have been adopted by the City
and the Transportation Authority.
Potential Demolition
Potential demolition of the Property could bring a temporary increase in traffic due to construction trucks
and other vehicles entering and leaving the site; however, demolition will be temporary in nature and it
would involve a small number of vehicles, it should not exceed individual or cumulative Levels of
Service, result in change of air traffic patterns or substantially increase hazardous due to design features
or inadequate parking capacity.
Potential Development of the Property
As previously mentioned,the Property was considered in the conceptual plans for the development of the
South Pleasant Hill area. A transportation study prepared for the South Pleasant Hill Detention Basin
Area covered thirteen roadway segments and was generally bounded by Woodsworth Lane to the north,
the Southern Pacific right-of-way on the east, Geary Road/Treat Boulevard on the south, and Patterson
Boulevards on the west(see attached Exhibit C South Pleasant Hill detention Basin Transportation Study
Area). One of the purposes of this study was to identify transportation-related implications for the option
presented at the time, and specially to consider the amount of new traffic to be generated by future
development within the area, and the effects of extending Cleaveland Road to either Oak Park Boulevard,
offset from Ecleston Avenue or Monticello Avenue.
A review of the traffic count performed for the traffic counts (baseline of traffic growth with no
development) from 1979 to 2002 indicated that traffic volumes increased an average of l percent every
year. The traffic study also considered impacts of the proposed development within the study area in
addition to the 1 percent annual growth. The anticipated trip generation for the County property (with a
proposal for 120 single-family units) determined a total of 90 A.M. peak hours and a total of 121 P.M.
peak hours. One of the advantages of including Cleaveland Road into the study area would be to divert
am and pm peak hour trips from other roads and provide additional access to the Pleasant Hill Middle
School however, example of disadvantages could be increase of pedestrian/bicycle conflicts at the
EBMUD trails crossing on Oak Park Boulevards and could worsen traffic at the intersections of Oak Park
Boulevards.
The traffic report focused on three land use options which considered 120 single-family dwelling units
with a football field to be constructed within the County Property; and additional land use options with no
single-family units with a variety of recreational uses including football field, running track, volleyball
Courts, picnic areas, etc.
Considering the highest development potential to the site (12 units per net acre) the Property totals 10
acres which could potentially yield a maximum of 120 units. According to Measure C, if a project
triggers one 100 A.M. or 100 P.M peak hours, a traffic study is required. For single-family dwelling
units, the ratio in which we measure the am/pm peak hour is 1 to 1; with multi-family units (townhomes
Potentially
Significant
Potentially Unless Less Than
Sipificani Mitigation Significant No
Impact Incomorated Impact lmoact
for instance)the ratio used is reduced to 0.54. If 120 single-family units are proposed for the site, a traffic
study will be required. If the development entails multi-family units it may not trigger the requirement of
a traffic study. Assuming 120 townhomes are proposed for the Property, the total am/prn peak hour
estimated would be 0.54 x 120 units=62.4 average am/pm peak hours, which is below the threshold for a
traffic study requirement.
Once a development is proposed for the site, any required traffic study/analysis would analyze the impact
of the project, including reconsideration of extension of Cleaveland Road. Without knowing the full scope
of the development a thorough analysis of the impact of the project would be speculative and mitigations
could not be fully considered appropriate to address the project's impact.
XVI. UTILITIES AND SERVICE SYSTEMS—Would the project:
a. Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control
Board? X
b. Require or result in the construction of new water
or wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects? X
c. Require or result in the construction of new storm
water drainage facilities, the construction of
which could cause significant environmental
effects? X
d. Have sufficient water supplies available serve the
project from existing entitlements and resources,
or are new or expanded entitlements needed? X
e. Result in a determination by the wastewater
treatment provider that serves or may serve the
project that it has adequate capacity to serve the
project's projected demand in addition to the
provider's existing commitments? X
f. Be served by a landfill with sufficient permitted
capacity to accommodate the project's waste
disposal needs? X
g. Comply with federal, state and local statutes and
regulations related to solid waste? X
l
2;
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Im act Impact
Summary of Comments: Potential demolition of the project would not exceed wastewater
treatment requirements; result in the construction of new water or wastewater treatment facilities
or expansion of existing facilities that could cause a significant environmental effect.
The Contra Costa Water District serves the area. The Central Contra Costa Sanitary District
collects and disposes Pleasant Hill wastewater. Potential development of the Property could have
a potential significant impact on utilities and service systems. Any future development would
have to meet the standard requirements and fees and/or provide extension of utilities
infrastructures (if necessary) as established by each agency servicing the potential development.
Evaluating the specific impact on utilities and service systems would be possible once the
intensity of the development is known.
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
a. Does the project have the potential to degrade the
quality of the environment, substantially reduce
the habitat of a fish and wildlife species, cause a
fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict
the range of a rare or endangered plant or animal
or eliminate important examples of the major
periods of California history or prehistory? X
b. Does the project have impacts that are
individually limited, but cumulatively
considerable? (Cumulatively considerable means
that the incremental effects of a project are
considerable when viewed in connection with the
effects of past projects, the effects of other current
projects, and the effects of probable future
projects)? X
c. Does the project have environmental effects that
will cause substantial adverse effects on human
beings, either directly or indirectly? X
Summary of Comments: As already discussed at the beginning of this document, in additional to the
purchase/sale of the properties in questions, the project also includes potential demolition of the site.
Even though no development is proposed at this time, some analyses have been provided in regards to
potential development of the Property. Since a lead agency is responsible to do its best to disclose all the
foreseeable development and foreseeable impacts that is reasonably can, some analysis and recommended
mitigations are included in this document.
I
24
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
lm act lncotnorated Imoact Impact
Since some of the foreseeable potential demolition and potential development could cause a significant
impact in the environment,all of its cumulative impacts are also viewed as significant.
All of the mitigations measures identified in the Section of Air Quality, Hazardous Materials andNoise ,
are intended to minimize some of the foreseeable potential impacts of the future development and to
ensure that potential demolition impacts will be less than significant.
G:\Current Planning\curr-plan\Environmental Review\Initial Studies\OakParkSchoolNEgDec.doc
AGENCY COMMENTS
f Central Contra Costa Sanitary District
FAX: (925)228-4624
November 15, 2006 JAMES M.KELLY
General Manager
KENTON L.ALM
for the
Telma Moreira, Project Planner Couns(510) 08-12000
Community Development Department ELAINE R.BOEHME
Contra Costa County Secretary of the District
651 Pine Street, North Wing, 4th Floor
Martinez, CA 94553
Dear Ms. Moreira:
PROPOSED MITIGATED NEGATIVE DECLARATION, DISPOSITION, AND POTENTIAL
DEMOLITION OF THE FORMER OAK PARK ELEMENTARY SCHOOL SITE, 1700 OAK PARK
BLVD., PLEASANT HILL; APN: 149-230-005; WS 23; MAP 49132, 4963; JOB X1551
Thank you for the opportunity to comment on the proposed Mitigated Negative Declaration.
Central Contra Costa Sanitary District (CCCSD) is the wastewater utility service provider or the
project site and service is presently available. An existing ten-inch diameter public main sewer
passes just inside the eastern property line of the site, and a 24-inch diameter public trunk sewer
is located in Oak Park Blvd. along the project site's southern boundary.
Generally, sufficient capacity exists in area sewer lines to accommodate reasonable
redevelopment of the project site. CCCSD will evaluate the available sewer capacity at the time
a specific development proposal is available for analysis. Project improvement plans must be
submitted to CCCSD's Plan Review Section to determine compliance with CCCSD's regulations
and the applicability of fees and charges prior to obtaining building permits. For more
information, contact the Plan Review Section at 925-229-7371.
CCCSD's also supplies recycled water to the project area. CCCSD's Recycled Water Master
Plan anticipates making recycled water available to the project site sometime in the future if the
eventual developer is interested. For more information on recycled water, contact Associate
Engineer Don Berger at 925-229-7259. If you have any questions regarding these comments,
please contact me at 925-229-7255.
Sincerely,
Russell B. Leavitt, AICP
Engineering Assistant III
RBL/mvp
cc: A. Hernandez, CCCSD
D. Berger, CCCSD
A
N:\ENVRSRV\Planning\LeavittlDevRevILETTERS\4982-service-rew.doc Recycled Paper
EAST BAY
MUNICIPAL UTIL/TY VIS TRIC T
November 27, 2006
Telma Moreira, Senior Planner
Contra Costa County Community Development Department
621 Pine Street, North Wing, 4"i Floor
Martinez, CA 94553
Re: Mitigated Negative Declaration—Disposition and Potential Demolition of the
Former Oak Park Elementary School Site, Pleasant Hill
Dear Ms. Moreira:
East Bay Municipal Utility District (EBMUD) appreciates the opportunity to comment on
the Mitigated Negative Declaration for the Disposition and Potential Demolition of the
Former Oak Park Elementary School Site located in Pleasant Hill. EBMUD has the
following comments.
MOKELUMNE AQUEDUCTS
EBMUD's Mokelumne Aqueducts (Aqueduct) are located adjacent to the Former Oak
Park Elementary School site within an EBMUD right-of-way (owned in fee). The
applicant for the Disposition and Potential Demolition of this site must adhere to the
EBMUD's Requirements for Use of the Right-of-Way. A copy of these requirements is
enclosed for your reference. EBMUD requests that the applicant pay particular attention
to the following comments:
Gravity drainage of EBMUD's property shall be maintained. Open channels
constructed across the right-of-way shall be paved with reinforced concrete.
Headwalls, inlets and other appurtenances shall be located outside EBMUD's
property. Paved drainage ditches shall be provided outside EBMUD's property at the
top and/or toe of fill slopes or cuts constructed adjacent to EBMUD's property. Any
changes in finished grade must be approved by EBMUD's Aqueduct Section. Earth
fills or cuts on adjacent property shall not encroach onto EBMUD's property, except
where authorized for vehicular crossings on grade, and except where EBMUD
determines that there will be no detrimental effect on the Aqueducts or their
maintenance.
The applicant should submit plans and specifications for the proposed project to
EBMUD's Aqueduct Section for review and approval. A preconstruction meeting
will be required prior to start of construction work.
375 ELEVENTH STREET. OAKLAND . CA 94607-4240. TOLL FREE 1-86640-EBMUD
9,11'1 all pry,,.,
f
Telma Moreira, Project Planner
November 27, 2006
Page 2
• Any use of the Aqueduct right-of-way, including temporary entry, will require
obtaining the appropriate permit or license.
• Fencing of the project on the property line may be required.
• The property noted includes a stretch of creek that will require maintenance. Please
provide EBMUD with the information on who will be responsible for the
maintenance of this drainage area.
If you have any questions concerning this response, please contact David J. Rehnstrom,
Senior Civil Engineer, Water Service PIanning at(510) 287-1365.
Sincerely,
William R. Kirkpatrick
Manager of Water Distribution Planning
WRK:DVC:sb
sb06_443.doc
Enclosure
ACE>
EBMUD
REQUIREMENTS FOR ENTRY OR USE OF
MOKELUMNE, LAFAYETTE & MORAGA
AQUEDUCT RIGHTS-OF-WAY
SUPPLEMENT NO. 1 TO PROCEDURE 718
East Bay Municipal Utility District
P. O. Box 228, Stockton, CA 95201
(209) 946-8000
Supplement No. 1 to Procedure 718 Page 1
Requests for encroachment rights or for other uses of the District's aqueduct properties
.shall be directed to the Manager of Water Supply Division, P.O. Box 228, Stockton,
California 95201. Property uses shall only be permitted subject to appropriate written
permit, license, easement, or lease agreement.
2. Requests for property uses shall be in writing and accompanied by a completed application,
plan and profile drawings, in triplicate, of the area and work involved. -District aqueduct
stationing and adjacent above ground structures must be shown. Applicant's horizontal and
vertical control must be correlated to the District's.
3. The applicant must agree to indemnify and hold harmless the District from any loss, claim,
or liability which may arise by reason of applicant's use of District property and may be
required to provide insurance coverage.
4. District land and facilities shall be restored to a condition as good as that which existed
before applicant's entry on the right-of-way.
5. Applicant's use of property shall not increase District costs or interfere with District access,
operations, maintenance, or repair of its facilities.
6. The applicant must pay the District the appraised value of the easement or lease, if
appropriate, for the rights granted to him. Appropriate environmental documentation must
be completed in accordance with the California Environmental Quality Act before the rights
can be granted.
7. The applicant must pay the District for:
a_ Design of fences or other structures
b. Structural protective measures
c. Corrosion control protective measures
d. District engineering, plan review, and inspection of activities
e. Environmental documentation
f. Application, permit or license fees.
8. The plan for the execution of the work must be approved by the District.
9. The type and weight of equipment working over the aqueduct must be approved by the
District. The use of vibratory compaction equipment is prohibited on the aqueduct right-of-
way.
10. A minimum of 48 hours notice must be given to the District before work commences. To
contact the District by telephone, call: The Aqueduct Section Stockton Office at
(209) 946-8000.
11. A preconstruction meeting is required prior to start of work.
12. No building or portions of buildings shall be constructed on the property. No other types of
structures shall be constructed unless specific approval is given by the District.
13. No longitudinal encroachments such as drainage ditches; gas, phone, or electrical lines;
pipelines, or roads will be permitted. All property line fences must be located completely
outside the aqueduct property lines.
T e
Supplement No. 1 to Procedure 718 Page 2
14. No pile driving will be allowed within 50 feet of the aqueducts.
15. Railroad, freeway and highway crossings of the aqueduct right-of-way shall be on
permanent bridges with a minimum vertical clearance of 14 feet 6 inches between the
finished ground surface and the underside of the bridge. Crossings on grade will be over
structurally-encased aqueducts with a sleeve for a fourth aqueduct.
16. Street and road crossings constructed on grade shall incorporate protection of the
aqueducts. Based on the load carrying capability of the aqueduct, protective measures will
be designed by the District or by applicant's licensed engineer to District standards with
specific District approval of each design.
17. Traffic control fences or approved barriers shall be installed along each side of the street,
road or trail before opening to the public.
18. Temporary construction fences and barricades shall be installed by contractor as directed
by the District.
19. Any changes in finished grade must be approved by the Aqueduct section. Earthfills or cuts
on adjacent property shall not encroach onto District property except where authorized for
vehicular crossings on grade and except where the District determines that there will be no
detrimental effect on the aqueducts or their maintenance.
_0. Pipeline crossings shall be perpendicular to the aqueducts and on a constant grade across
District property. Sanitary sewers, water lines or petroleum product lines crossing above
the aqueducts must be encased in a steel or PVC conduit or reinforced concrete with a
minimum vertical clearance of one foot between the pipeline and the top of District
aqueducts.
21. All pipelines crossing below the aqueducts must be encased in a steel or reinforced
concrete conduit and provide a minimum of two feet of clearance between the casing and
the bottom of the District aqueducts.
22. On pressurized pipe crossings, shutoff valves shall be provided outside and adjacent to
both sides of District property.
23. At the point of crossing, steel pipeline crossings and steel casings shall incorporate
electrolysis test leads, bond leads, and leads necessary for interference testing. Corrosion
control devices, when required, must be approved by the District.
24. Cathodic protection for steel encasements must be installed as follows:
Provide a dielectric coating to the exterior surface of the steel casing within the
EBMUD right-of-way, 16 mil epoxy or equivalent.
Provide galvanic protection to the portion of the steel casing within the EBMUD right-
of-way in accordance with the National Association of Corrosion Engineers (NACE)
RP-01-69.
If the carrier pipe is constructed of DIP or steel, provide electrical isolation between the
carrier and casing using casing insulators; redwood skids are not permitted.
Supplement No_ 1 to Procedure 718 Page 3
Provide test results to EBMUD demonstrating the adequacy of the cathodic protection
system, and the adequacy of the electrical isolation of the carrier (if metallic)from the
casing. EBMUD reserves the right to witness any such tests.
25. Gravity drainage of District property shall be maintained. Open channels constructed
across the right-of-way shall be paved with reinforced concrete. Headwalls, inlets, and
other appurtenances shall be located outside EBMUD property. Drainage facilities shall be
provided outside the District's property at the top and/or toe of fill slopes or cuts constructed
adjacent to District property to assure adequate drainage.
. .26. Overhead electrical power conductors across the property shall be a minimum of 30 feet
above ground. Communication and cable TV crossings shall be a minimum of 20 feet
above the ground. Supporting poles or towers shall be located outside the aqueduct right-
of-way.
27. Buried electrical cables passing over the aqueducts shall be installed in conduit and
encased in red concrete across the entire width of the right-of-way. All other buried cables
shall be installed in conduit and marked in the appropriate Underground Service Alert
(USA) colored marking materials across the entire width of the aqueduct right-of-way. The
minimum vertical clearance between the conduit and the top of the District's aqueducts is
one foot.
28. Electrical or telecommunications cables passing under the aqueducts shall be encased in
conduit and marked at both edges of the aqueduct right-of-way with the appropriate USA
color coded markers. The minimum vertical clearance between the conduit and the bottom
of the District's aqueducts is two feet. For directional bored conduits the minimum vertical
clearance is five feet.
29. Vehicular parking and storage of equipment or material on aqueduct property are
specifically prohibited.
30. Extraction of oil and gas from aqueduct properties may be permitted under appropriate
lease agreements.
31. All EBMUD survey monuments and markers shall be undisturbed. If any EBMUD survey
markers or monuments must be disturbed, they will be replaced or relocated by EBMUD at
applicant's expense prior to the start of any ground disturbing work.
32. All aqueduct crossings involving mechanical excavation on the right-of-way require
potholing of all three aqueducts at the site of the proposed crossing. Visible reference
markings showing the aqueduct alignments and depths to top of pipe shall be maintained
for the duration of any mechanical excavation on EBMUD property. Entry permits are
required for pothole work.
33. All grading or excavating of the right-of-way requires Underground Service Alert (USA)
notification and the maintenance of a current inquiry identification number.
34. Certified six-sack mix is the minimum acceptable concrete batch to be used on the
aqueduct right-of-way. Concrete compression strength shall be 3000 PSI or better at
28 days. If samples do not reach 3000 PSI at 28 days, entire section of slab or
encasement related to that sample must be removed and replaced at applicant's expense.
Supplement No. 1 to Procedure 718 Page 4
35. Each truckload of concrete to be placed on the aqueduct right-of-way may be sampled by
the District. No water may be added to the mix after sampling.
36. Maximum allowable slump is three inches. All concrete exceeding three inches will be
rejected and cannot be used on the aqueduct right-of-way.
37. No traffic will be allowed over protective slabs until 3000 PSI is reached.
38. All work areas shalt be inspected by EBMUD for final approval.
MITIGATION MONITORING
REPORT PROGRAM
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NOTIFICATION
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
STATE OF CALIFORNIA
In the Matter of the Notice of Notice of Public Review and Intent to Adopt a Proposed
Mitigated Negative Declaration on the Application of.
Applicant CONTRA COSTA COUNTY
Owner Same as above.
COUNTY FILE # Disposition and Potential Demolition of the
Former Oak Park Elementary School Site
STATE OF CALIFORNIA )
:ss,
COUNTY OF CONTRA COSTA )
I, Hiliana Li, of said County and State declare:
That I am and at all time herein mentioned was over the age of eighteen years;
That on November 8, 2006, 1 mailed notices of the attached application. The same was
mailed to all addresses on the list attached which list is made a part of this affidavit.
I declare under penalty of perjury that the foregoing is true and correct. Executed at
Martinez, CA on November 8, 2006.
Employq off' Contra Costa County
Community Development Department
Community Contra Dennis M.Barry,AlCP
Community Development Director
Development Costa --------
Department -D
County
Lj j i\l
County Administration Building
651 Pine Street
4th Floor, North Wing L
0 8
Martinez, California 94553-0095 N,C�V ZDOG
S.L. WIRY C L
Phone: ILINTYCLERK
(925) 335-1217
TY
GONTRIA OMSTA COUN
November 8, 2006
i Pyr �EYIYYJ
i
NOTICE OF PUBLIC REVIEW AND INTENT TO ADOPT A PROPOSED MITIGATED
NEGATIVE DECLARATION
Disposition and Potential Demolition of the Former Oak Park Elementary
School Site
Pursuant to the State of California Public Resources Code and the "Guidelines for
Implementation of the California Environmental Quality Act of 1970" as amended to date, this is
to advise you that the Community Development Department of Contra Costa County has
prepared an initial study on the following project:
PROJECT NAME: Disposition and Potential Demolition of the Former Oak- Park Elementary
School Site.
APPLICANT: Contra Costa County Community Development.
LOCATION: 1700 Oak Park Boulevard, Pleasant Hill.
DESCRIPTION:
Proposed Proiect:
The proposed project involves 1) the County purchase of the 2-acre MDUSD Property; 2) the
County sale of the 2-acre MDUSD Property together with the 8-acre,County Property; and 3)
the potential demolition of the former Oak Park School building prior to sale.
Potential Development of the Property
As stated in the California Environmental Quality Act (CEQA) Guideline Section 15144,
preparing a Negative Declaration involves some degree of forecasting. An agency must do its
best to disclose all that it reasonably can. Since development of the Property is foreseeable, this
document includes a discussion of the potential development of the Property, and its foreseeable
impacts.
Office Hours Monday - Friday: 8:00 a.m. - 5:00 p.m.
Office is closed the 1st, 3rd & 5th Fridays of each month
It is important to note that no development has been proposed for the site and no applications
have been submitted to the City of Pleasant Hill. It is not possible to predict all the impacts the
future development will cause on the environment. However, the County believes development
of the site is foreseeable and for purposes of this analysis is assuming that future development
will provide a level of development commensurate with the City of Pleasant Hill General Plan
and Zoning Ordinances. As stated under Section 15145, Speculation, "If, after thorough
investigation, a lead agency finds that a particular impact is too speculative for evaluation, the
agency should note its conclusion and terminate discussion of the impact."
The mitigations presented in this environmental document are intended to reduce impacts of
potential demolition and some of the foreseeable impacts of potential development. Upon
submittal of development applications to the City of Pleasant Hill, additional mitigations may be
adopted in a future environmental review to address the full impacts of the development.
SURROUNDING USE/SETTINGS: The site constitutes parcel (APN#149-230- 005)
former 8-acre site of the Oak Park Elementary School, which is located immediately south of the
former 30.2 acre High School site (APN #149-230-008). The surrounding land uses include the
East Bay Municipal Utility District (EBMUD)right-of-way, Grayson Creek, a senior citizen
facility, and detached single-family residences to the east; City of Pleasant Hill and City of
Walnut Creek additional detached single-family residences to the south; the Contra Costa Main
Library and the offices of the Contra Costa County Board of Education to the west; and Pleasant
Hill Middle School (former High School) owned by the Mt. Diablo Unified School District.
ENVIRONMENTAL EFFECTS: The Initial Study for the proposed project identified
potentially significant impact in the environmental areas of Air Quality, Hazardous Materials and
Noise. Environmental analysis determined that measures were available to mitigate potential
adverse impacts to insignificant levels. As a result, a Mitigated Negative Declaration (MND) has
been prepared pursuant to Public Resources Code Section 21080(c), 21063.5, and Article 6 of
the California Environmental Quality Act (CEQA) Guidelines.
Pursuant to the requirements of CEQA (CEQA Guidelines Section 15071) the MND describes
the proposed project; identifies, analyzes, and evaluates the potential significant environmental
impacts, which may result from the proposed project; and identifies measures to mitigate adverse
environmental impacts. With the mitigations identified in this document designed for the
proposed project, will ensure that the project will not cause a significant impact on the
environment.
A copy of the Mitigated Xegative Declaration and all documents referenced in the Mitigated
Negative Declaration may be reviewed during business hours in the offices of the Community
Development Department, and Application and Permit Center at McBrien Administration
Building. North Wing, Second Floor, 651 Pine Street, Martinez.
The proposed project will not result in significant environmental impacts.
Public Comment Period- The Period for accepting comments on the adequacy of the
environmental document extends to Tuesday, November 28, 2006, at 5:00 P.M. Any
comments should be in writing and submitted to the following address:
2
Name: Telma Moreira, Project Planner(925) 335-1210
Community Development Department
Contra Costa County
651 Pine Street,North Wing, 4`h Floor
Martinez, CA 94553
It is anticipated that the proposed Mitigated Negative Declaration will be considered for adoption
at a meeting of the Board of Supervisors on December 5, 2006. The hearing is anticipated to be
held at the McBrien Administration Building Room 107, Pine and Escobar Streets, Martinez.
4
Telma Moreira
Senior Planner
cc: County Clerk's Office (2 copies)
3
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149121128 149121129 149121130
RAGGIO A MATTHEW&WENDY W ROSHAN ELHAM&PEJMAN RUPE KURTIS M&LISA R
TRE 22 WARHOL WAY 20 WARHOL WAY
24 WARHOL WAY PLEASANT HILL CA PLEASANT HILL CA
PLEASANT HILL CA 94523 94523
94523
149121131 149130019 149130020
HOBERG ERIC G CHAVEZ DANIEL CCC FLOOD CONTROL DISTRICT
18 WARHOL WAY 280 CLEAVELAND RD 255 GLACIER DR
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94523 94523 94553
149143007 149143008 149143009
ABBEY JANIE TRE ALBERTSON JAMES I&NANCY E MCMURRY JACK DUNCANJR TRE
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94523 94523 94523
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CLARK JANET SUSAN TRE HARTINGER JAMES S MOSKOVITZ SIGMOND
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149143013 149230005 149230008
DJORDJEVIC SLOBODAN& CONTRA COSTA COUNTY MT DIABLO UNIFIED SCHOOL DIST
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425 ROBERTA AVE MARTINEZ CA CONCORD CA
PLEASANT HILL CA 94553 94519
94523
149230009 149241001 149243001
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94523 94523 94523
149243002 149243005 149243006
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94526 94523 94523
149243007 149243008 149243009
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149260042 149260043 149260044
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94549 94611 94518
149260045 149260046 149260047
BEHRENS DAVID C NIHIL PEGGY MATSON DAVID F TRE
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94523 94523 94597
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THOMASON KENNETH TRE EAST BAY MUNICIPAL UTILITY DIS
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PLEASANT HILL CA OAKLAND CA
94523 94623
' t0
APN SITUS-NB SITUS_ST SITUS-ST SITUS ST SITUS-AP SITUS-FR SITUS_CII SITUS_ZIF
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•x`149260023 1692 OAK PARD BOULEVAI PLEASAN- 94523
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• 149260045 1662 ST LAWRE WAY PLEASAN' 94523
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✓170300002 OAK PARI, BOULEVAI PLEASAN- 94523
h
SITUS_ZIF NAME PARCEL_(NOTIF_ST NOTIF_CI-NOTIF_ZIF NOTIF_ZIPCODE_EXT
4267 Property 0RAGGIO A 24 WARHC PLEASAN' 94523 4267
4267 Property 0 ROSHAN 122 WARHC PLEASAN- 94523 4267
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Property 0'CCC FLOC 255 GLACI MARTINET 94553 4825
3805 Property O ABBEY JAI 413 ROBE PLEASAN" 94523 3805
3805 Property 0 ALBERTS(415 ROBE PLEASAN' 94523 3805
3805 Property 0'MCMURR)417 ROBE PLEASAN- 94523 3805
3805 Property 0 CLARK JA 419 ROBE PLEASAN' 94523 3805
3805 Property 0 HARTINGE421 ROBE PLEASAN- 94523 3805
3805 Property 0'MOSKOVI'423 ROBE PLEASAN- 94523 3805
3805 Property 0'DJORDJE\425 ROBE PLEASAN" 94523 3805
Property 0 CONTRA(255 GLACI MARTINEZ 94553 4825
4215 Property 0 MT DIABL(1936 CARL CONCORC 94519 1358
Property 0 PLEASAN-147 GREG PLEASAN- 94523 3348
4306 Property 0 KINST-HO 208 ASTRI PLEASAN- 94523 4306
4307 Property 0'BRI MMER 201 BARBi PLEASAN- 94523 4307
4307 Property O BUTLER E 343 CAME DANVILLE 94526 1606
4331 Property 0 ORSI DON 1012 HOO PLEASAN- 94523 4331
4331 Property 0 WELCH St 1010 HOO PLEASAN- 94523 4331
4331 Property 0'REIMER F 1008 HOO PLEASAN- 94523 4331
4331 Property O MILLER GI 1006 HOO PLEASAN- 94523 4331
4331 Property 0 ADAMS 011004 HOO PLEASAN' 94523 4331
4331 Property 0 CASTILLO 1002 HOO PLEASAN' 94523 4331
4320 Property 0 SULLIVAN 209 ASTRI PLEASAN- 94523 4320
4307 Property 0 REEVES J 202 BARBi PLEASAN- 94523 4307
4307 Property 0 CULLING5203 BARBiPLEASAN- 94523 4307
4307 Property 0'VALDEZ T 204 BARBi PLEASAN- 94523 4307
4307 Property 0 KNACK CF 205 BARBi PLEASAN- 94523 4307
4422 Property 0'LEE CHIHI 1684 OAK PLEASAN- 94523 4422
4422 Property 0'LEE CHIN-1912 TREP WALNUT( 94596 6249
4422 Property O CONNOLL 1692 OAK PLEASAN- 94523 4422
4314 Property 0 TINSLEY:PO BOX 1f LAFAYETI 94549 1696
4314 Property 0'HANSEN J 6607 SAR(OAKLAND 94611 2342
4314 Property 0 BOETTCH 1124 CRO'CONCORC 94518 1713
4314 Property 0'BEHRENS 1662 ST b PLEASAN- 94523 4314
4314 Property 0'NIHIL PEG 1656 ST G PLEASAN' 94523 4314
4314 Property 0 MATSON [1650 ST Li PLEASAN- 94523 4314
4215 Property 0 CCC BOAF 77 SANTA PLEASAN- 94523 4215
4490 Property 0'CONTRA C 255 GLACI MARTINEZ 94553 4825
4411 Property 0 LAY MICH,1735 OAK PLEASAN- 94523 4411
4411 Property 0 OAK PARK 1715 OAK PLEASAN- 94523 4411
4411 Property 0 OAK PARK 1715 OAK PLEASAN- 94523 4411
1815 Property 0'PALAS GIL 2708 ECCI WALNUT ( 94597 1815
4424 Property 0 THOMAS01691 OAK PLEASAN- 94523 4424
Property 0 EAST BAY PO BOX 2,OAKLAND 94623 1055
149121128 149121129 149121130
OCCUPANT OCCUPANT OCCUPANT
24 WARHOL 22 WARHOL 20 WARHOL
PLEASANT HILL CA 94523 PLEASANT HILL CA 94523 PLEASANT HILL CA 94523
149121131 149130019 149130020
OCCUPANT OCCUPANT OCCUPANT
18 WARHOL 280 CLEAVELAND CLEAVELAND
PLEASANT HILL CA 94523 PLEASANT HILL CA 94523 PLEASANT HILL CA 94523
149143007 149143008 149143009
OCCUPANT OCCUPANT OCCUPANT
413 ROBERTA 415 ROBERTA 417 ROBERTA
PLEASANT HILL CA 94523 PLEASANT HILL CA 94523 PLEASANT HILL CA 94523
149143010 149143011 149143012
OCCUPANT OCCUPANT OCCUPANT
419 ROBERTA 421 ROBERTA 423 ROBERTA
PLEASANT HILL CA 94523 PLEASANT HILL CA 94523 PLEASANT HILL CA 94523
149143013 149230005 149230008
OCCUPANT OCCUPANT OCCUPANT
425 ROBERTA OAK PARK 1 SANTA BARBARA
PLEASANT HILL CA 94523 PLEASANT HILL CA 94523 PLEASANT HILL CA 94523
149230009 149241001 149243001
OCCUPANT OCCUPANT OCCUPANT
SANTA BARBARA 208 ASTRID 201 BARBARA
PLEASANT HILL CA 94523 PLEASANT HILL CA 94523 PLEASANT HILL CA 94523
149243002 149243005 149243006
OCCUPANT OCCUPANT OCCUPANT
200 BARBARA 1012 HOOK 1010 HOOK
PLEASANT HILL CA 94523 PLEASANT HILL CA 94523 PLEASANT HILL CA 94523
149243007 149243008 149243009
OCCUPANT OCCUPANT OCCUPANT
1008 HOOK 1006 HOOK 1004 HOOK
PLEASANT HILL CA 94523 PLEASANT HILL CA 94523 PLEASANT HILL CA 94523
149243010 . 149243011 149260001
OCCUPANT OCCUPANT OCCUPANT
1002 HOOK 209 ASTRID 202 BARBARA
PLEASANT HILL CA 94523 PLEASANT HILL CA 94523 PLEASANT HILL CA 94523
149260002 149260003 149260004
OCCUPANT OCCUPANT OCCUPANT
203 BARBARA 204 BARBARA 205 BARBARA
PLEASANT HILL CA 94523 PLEASANT HILL CA 94523 PLEASANT HILL CA 94523
149260021 149260022 149260023
OCCUPANT OCCUPANT OCCUPANT
1684 OAK PARK 1688 OAK PARK 1692 OAK PARK
PLEASANT HILL CA 94523 PLEASANT HILL CA 94523 PLEASANT HILL CA 94523
149260042 149260043 149260044
OCCUPANT OCCUPANT OCCUPANT
1682 ST LAWRENCE 1674 ST LAWRENCE 1668 ST LAWRENCE
PLEASANT HILL CA 94523 PLEASANT HILL CA 94523 PLEASANT HILL CA 94523
149260045 149260046 149260047
OCCUPANT OCCUPANT OCCUPANT
1662 ST LAWRENCE 1656 ST LAWRENCE 1650 ST LAWRENCE
PLEASANT HILL CA 94523 PLEASANT HILL CA 94523 PLEASANT HILL CA 94523
149271013 149271014 170071007
OCCUPANT OCCUPANT OCCUPANT
77 SANTA BARBARA 1700 OAK PARK 1735 OAK PARK
PLEASANT HILL CA 94523 PLEASANT HILL CA 94523 PLEASANT HILL CA 94523
170071008 170071009 170074001
OCCUPANT OCCUPANT OCCUPANT
1725 OAK PARK 1715 OAK PARK 2708 ECCLESTON
PLEASANT HILL CA 94523 PLEASANT HILL CA 94523 WALNUT CREEK CA 94597
170081001 170300002
OCCUPANT OCCUPANT
1691 OAK PARK OAK PARK
PLEASANT HILL CA 94523 PLEASANT HILL CA 94523
0
City PUBLIC WORKS
Pleasant Hill REAL PROPERTY DIVISION
100 Gregory Lane
Pleasant Hill, CA 94523 Attn: Karen Laws
DISTRICT IV ✓ City of Walnut Creek
SUPERVISOR 1666 N. Main Street//PO Box 8039 Jim Kennedy V
MARK DESAULNIER Walnut Creek, CA 94596 Redevelopment
EBMUD Contra Costa Water District
Senior Civil Engineer Pamela Zaid ✓ 1331 Concord Avenue
375 — 11TH Street, MS 701 County Counsel P.O. Box HZO
Oakland, CA 94607 Concord, CA 94524
Contra Costa Sanitary District
Contra Costa Sanitary District 5019 Imhoff Place Contra Costa Fire Protection District
Martinez, CA 94553
Contra Costa County
Contra Costa County Main Library Board of Education Mt. Diablo Unified School District
Pleasant Hill 77 Santa Barbara Rd. 1936 Carlota Drive
Pleasant Hill, CA 94523 Concord, CA 94519
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JOINT EXERCISE OF POWERS AGREEMENT BETWEEN
CONTRA COSTA COUNTY AND MOUNT DIABLO UNIFIED SCHOOL DISTRICT
FOR THE OAK PARK BOULEVARD PROJECT
This AGREEMENT, effective as of the i a day of� 2006, is entered into by and
between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California,
hereinafter referred to as"COUNTY"and the MOUNT DIABLO UNIFIED SCHOOL
DISTRICT, a political subdivision of the State of California, hereinafter referred to as
"DISTRICT,"pursuant to Government Code Section 6500 et seq.
RECITALS
A. COUNTY is the owner of an 8-acre site located on Oak Park Boulevard in the City of
Pleasant Hill that was the former Oak Park Elementary School site ("County Property"),
more particularly described on Exhibit "A"attached hereto and incorporated herein.
DISTRICT is the owner of an adjacent 2-acre site ("District Property"), more particularly
described on Exhibit`B" attached hereto and incorporated herein, over which COUNTY
holds an easement. Each parcel is surplus property to the entity that owns it.
B. COUNTY and DISTRICT would like to dispose of these surplus properties in a manner
which is cost effective and which will maximize the value of these parcels. The joint
marketing and disposal of these properties is hereinafter referred to as the"PROJECT."
C. On October 2, 2000,pursuant to Government Code Section 54222 and Education Code
Section 17464, DISTRICT sent an offer to sell the District Property to the appropriate
public entities. On November 14, 2000, the COUNTY Board of Supervisors authorized
Deputy Director- Redevelopment to send a notice to DISTRICT of COUNTY's intent to
negotiate a purchase of the District Property.
D. If COUNTY elects to proceed with a joint sale of the County Property and District
Property (collectively, the"PROJECT properties")to a third party, COUNTY and
DISTRICT would like COUNTY to acquire the District Property at the time COUNTY is
prepared to consummate the sale of both of the PROJECT properties to a third party.
COUNTY and DISTRICT would like to enter into a Purchase and Sale Agreement
(hereinafter referred to as the"County/District Purchase and Sale Agreement"), in the
form attached hereto as Exhibit"C" and incorporated herein, for the acquisition of the
District Property by COUNTY in such event.
E. COUNTY and DISTRICT are entering into this AGREEMENT to delineate and
authorize the actions that will enable the parties to accomplish the PROJECT.
1
AGREEMENT
1. Purpose. The purpose of this AGREEMENT is to delineate the actions that will enable
COUNTY and DISTRICT to accomplish the PROJECT, and to authorize COUNTY to
take all steps necessary to consummate a joint sale of both of the PROJECT properties to
a third party if COUNTY in its discretion elects to proceed with such a sale, Nothing in
this AGREEMENT obligates COUNTY to sell the County Property or proceed with the
PROJECT if COUNTY elects not to do so.
2. Effective Date. This AGREEMENT is subject to approval of the governing bodies of
COUNTY and DISTRICT. This AGREEMENT shall be effective on the date approved
by both parties.
3. Responsibilities of COUNTY and DISTRICT.
A. DISTRICT hereby authorizes COUNTY to perform the following activities:
(1) Act as lead agency under the California Environmental Quality Act with
respect to the COUNTY's acquisition of the District Property from
DISTRICT, and the simultaneous conveyance of the PROJECT properties
to a third party.
(2) Comply with COUNTY's statutory requirements for the sale of both of the
PROJECT properties,including the service and publication of any
necessary notices.
(3) Advertise the PROJECT properties for sale to a third party, and, if
COUNTY so chooses, negotiate and enter into agreements for the
marketing and/or sale of the PROJECT properties through marketing
specialists,brokers and internet sales specialists.
(4) Negotiate and if COUNTY deems appropriate enter into a purchase and
sale agreement with a third party for the PROJECT properties.
(5) Advise DISTRICT of the identity of the purchaser and instruct DISTRICT
to deliver a grant deed into escrow conveying title to the District Property
to the purchaser, in accordance with the County/District Purchase and Sale
Agreement.
(6) Take whatever steps COUNTY deems appropriate to provide security at
the PROJECT properties.
2
(7) Execute, acknowledge, and deliver all other instruments and perform all
other acts necessary, desirable or proper to carry out the purposes of this
AGREEMENT.
If COUNTY decides to proceed with the PROJECT, COUNTY will perform the
activities described above and will authorize, execute and deliver two (2)originals
of the County/District Purchase and Sale Agreement to DISTRICT in the form set
forth in Exhibit"C."
B. COUNTY hereby authorizes DISTRICT to perform and DISTRICT will perform
the following activities:
(1) Act as responsible agency under the California Environmental Quality Act
with respect to the acquisition of the District Property by COUNTY.
(2) Authorize, execute and deliver two (2) originals of the County/District
Purchase and Sale Agreement to COUNTY in the form set forth in Exhibit
«C "
(3) Satisfy all DISTRICT requirements for the conveyance of the District
Property in accordance with the County/District Purchase and Sale
Agreement, including the service and publication of any necessary notices.
(4) Deliver a grant deed, in recordable form and properly authorized and
executed on behalf of DISTRICT, into escrow, conveying title to the
District Property to the purchaser identified by COUNTY, in fee simple
absolute, free and clear of all liens, encumbrances, assessments, leases
(recorded and unrecorded), and taxes,except the COUNTY "Approved
Exceptions" (as defined in the County/District Purchase and Sale
Agreement).
(5) Execute, acknowledge and deliver all other instruments and perform all
other acts necessary, desirable or proper to carry out the purposes of this
AGREEMENT.
4. Financial Responsibility. The parties will have the following financial responsibilities
regarding the PROJECT:
A. COUNTY shall pay all costs incurred to perform its duties as lead agency under
CEQA, and to satisfy all of COUNTY's statutory requirements for the acquisition
of the District Property and the sale of the PROJECT properties.
B. DISTRICT shall pay all costs incurred to perform its duties as responsible agency
under CEQA,and to satisfy all of DISTRICT's statutory requirements for the
3
conveyance of the District Property in accordance with the County/District
Purchase and Sale Agreement.
C. COUNTY shall advance all costs COUNTY deems appropriate to provide
security at the PROJECT properties prior to,conveyance to a third party, and to
advertise,market and sell the PROJECT properties, including,without limitation,
marketing fees, brokerage commissions,title and escrow fees. All costs advanced
by COUNTY to provide security, advertise, market and consummate the sale of
the PROJECT properties will be paid from escrow or reimbursed to COUNTY
from the proceeds of the sale of the PROJECT properties to a third party prior to
any distribution of the sales proceeds to DISTRICT or COUNTY.
5. Distribution of Net Sales Proceeds.
In consideration of the transfer of the District Property in accordance with the attached
County/District Purchase and Sale Agreement, COUNTY will instruct First American
Title,the title company handling the escrows(under their order numbers NCS-212136-
CC and NCS-212138-CC)for the joint conveyance of the PROJECT properties to
distribute, according to the schedule set forth below,the net sales proceeds remaining in
escrow after deducting the closing costs authorized by COUNTY and DISTRICT and
making the distribution described in Section 4.0 above:
A. To DISTRICT: Ten percent(10%) of the net sales proceeds; and
B. To COUNTY: All of the remaining net sales proceeds.
6. Restrictions. Pursuant to Government Code Section 6509, the powers of the parties
under this AGREEMENT shall be subject to the restrictions on such powers applicable to
COUNTY.
7. Accountability. As required by Government Code Section 6505, each party to this
AGREEMENT shall provide the other strict accountability of all funds and report of all
receipts and disbursements for the PROJECT.
8. Agreement Modification. This AGREEMENT shall be subject to modification only with
the written consent of the governing bodies of both parties.
9. Agreement Termination. Unless terminated earlier as a result of COUNTY's decision
not to sell the County Property or proceed with the PROJECT,this AGREEMENT shall
terminate upon the close of escrow for the PROJECT properties.
10. Notices. All notices (including requests, demands, approvals or other communications)
under this AGREEMENT shall be in writing. The place for delivery of all notices given
under this AGREEMENT shall be as follows:
4
COUNTY: Contra Costa County
Community Development Department
2530 Arnold Drive, Suite 190
Martinez, CA 94553
Attn: James Kennedy,Deputy Director- Redevelopment
DISTRICT: Mount Diablo Unified School District
1936 Carlotta Drive
Concord, CA 94519-1397
Attn: Richard C.Nicoll, Ph.D., Assistant Superintendent
11. Entire Agreement. This AGREEMENT, including the Recitals and the Exhibits hereto,
contains the entire understanding of the parties relating to the subject matter of this
AGREEMENT. Any representation or promise of the parties shall not be enforceable
unless it is contained in this AGREEMENT or in a subsequent written modification of
this AGREEMENT executed by the governing bodies of both parties.
12. Counterparts. The parties hereto recognize and agree that separate counterpart signature
pages may be used but that all such pages constitute one and the same 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. The Recitals
and Exhibits are, and shall be enforceable as, a part 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.
5
15. Waiver. A waiver of any covenant or provision in this AGREEMENT shall not 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.
16. Severability. If any term or provision of this AGREEMENT shall,to any extent, be held
invalid or unenforceable,the remainder of this AGREEMENT shall not be affected.
17. Governing Law and Venue. This AGREEMENT shall be governed and construed in
accordance with California law. The venue of any litigation pertaining to this
AGREEMENT shall be Contra Costa County, California.
CONTRA STA COUNTY MOUNT DIABLO UNIFIED
SCHOOL DISTRICT
By By
County Administrator
ATTEST:
John Cullen, Clerk of the Board of
Supervisor d'County Administrator
B
uty
COMMENDED FOR APPROVAL: APPROVED AS TO FORM:
James Kennedy; Miller Brown Dannis
Depu Director a elopment District Counsel
By / By
Marilyn J. Cleveland
C MME D FOR APPROU L:
au 'ce Shiu,
ub is orks D rector
GTI/
K en A. Laws
cipal Real Property Agent
APPROVED AS TO FORM:
Silvano B. Marchesi
County Counsel
By
Deputy
HAReal Property matters\Grayson(Oak Park)ProjectUoint Powers Agreement.doc
6
15. Waiver. A waiver of any covenant or provision in this AGREEMENT shall not 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.
16. Severability. If any term or provision of this AGREEMENT shall,to any extent,be held
invalid or unenforceable,the remainder of this AGREEMENT shall not be affected.
17. Governing Law and Venue. This AGREEMENT shall be governed and construed in
accordance with California law. The venue of any litigation pertaining to this
AGREEMENT shall be Contra Costa County,California.
CBONT� OSTA QA �TY By T DIABLO UNIFIED
SC L DISTRICT
County Administrator fde
ATTEST:
John Cullen,Clerk of the Board of
Supervisors and County Administrator
By
Deputy
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
James Kennedy, Miller Brown Dannis
Deputy ; irector- e opment District Counsel
By / 4- By� ifA2
Manlyn J. Cle eland
CO MEND FOR APPROVAL:
Mauri S 'u,
Publi orks Di ect
Y
en A. Laws
ncipal Real Property Agent
APPROVED AS TO FORM:
Silvano B.Marchesi
County Counsel
By��Deputy
HAReal Property matters\Gra son(O ark)ProjecNoint Powers Agreement.doe
6
EXHIBIT"A"
Real Property in the City of Pleasant Hill, County of Contra Costa, State of California,
being a portion of the Rancho Las Juntas,described as follows:
Commencing at the northeast corner of the certain parcel of land described in the Deed
from Developers Corporation to El Dorado Associates, Inc., dated April 21, 1947 and
recorded July 28, 1947 in Volume 1102 of Official Records, at Page, 196,thence South
30°43' 30"West, 1268.59 feet;thence North 89° 09' 05"West, 115.33 feet to the Point
of Beginning ;thence from said Point of Beginning North 890 09' 05"West,714.74 feet;
thence South 01 50' 55"West, 641.88 feet to the north right of way line of Oak Park
Boulevard;thence along said right of way line easterly along the arc of a curve,to the
right, with a radius of 4030 feet, through an arc distance of 99.41 feet and tangent to said
curve South 801 16'30"East,222.43 feet;thence leaving said right of way line North 30°
43' 30"East, 796.13 feet to the Point of the Beginning.
This real property description has been prepared by me or under my direction in
conformance with the Professional rs Act.
Signature: p�pND kU4
Ilicensed an urveyor �S��F 2WEM�A yc�`
Contra Costa County Public Works Department
U 9
-� ExP•12-3i-0$ �
Date:
9TFOF CP�\�O
APN: 149-230-005
EXHIBIT"B"
Real Property in the City of Pleasant Hill, County of Contra Costa, State of California,
being a portion of the Rancho Las Juntas, described as follows:
Commencing at the northeast corner of the certain parcel of land described in the Deed
from Developers Corporation to El Dorado Associates, Inc.,dated April 21, 1947 and
recorded July 28, 1947, in Volume 1102 of Official Records, at Page 196,thence South
30°43' 30"West, 1268.59 feet to the Point of Beginning;thence from said Point of
Begimiing North 89°09' 05"West, It 5.33 feet; thence South 30143' 30"West, 796.13
feet;thence South 80° 16' 30"East, 107.11 feet;thence North 30°43' 30"East, 815.19
feet to the Point of Beginning.
This real property description has been prepared by me or under my direction in
conformance with tubie 2�Professional Land S e ors Act.
ND SO
Signature:
L'censed Land Surveyor o
Contra Costa County Public Works Department v Exp i2-31-01?
� No.5999
s 2�
Date:
FOF CP�x
Portion of APN: 149-230-008
EXHIBIT C
Parcel Number: Portion of 149-230-008
Project Name: Oak Park Boulevard Address: 3108 Oak Park Blvd.
Project Number: 4500-6X5028 Pleasant Hill, CA
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
BETWEEN
CONTRA COSTA COUNTY
AND
MOUNT DIABLO UNIFIED SCHOOL DISTRICT
This Purchase and Sale Agreement and Joint Escrow Instructions ("Agreement")is entered into by and between
the County of Contra Costa, a political subdivision of the State of California (hereinafter"County"), and the Mount
Diablo Unified School District, a political subdivision of the State of California (hereinafter"District").
RECITALS
County is the owner of an 8-acre site located on Oak Park Boulevard in the City of Pleasant Hill, Contra Costa
County, California, APN 149-230-005, commonly known as 1700 Oak Park Boulevard,that was the former Oak
Park Elementary School site("County Property"), more particularly described on Exhibit"A"attached hereto and
incorporated herein.
District is the owner of an adjacent 2-acre site that is a portion of APN 149-230-008, more particularly described
on Exhibit"B"attached hereto and incorporated herein. The real property, and all improvements thereon, are
collectively referred to herein as the"District Property."
Each parcel is surplus property to the entity that owns it. County and District would like to dispose of these
surplus properties through a joint sale of the County Property and the District Property to a third party.. The
County Property and the District Property are sometimes hereinafter referred to collectively as the"Public Agency
Properties."
In order to facilitate a joint sale of the Public Agency Properties to a third party, County and District would like
County to acquire the District Property at the time County is prepared to consummate the sale of both of the
Public Agency Properties to a third party. With this goal in mind, the parties intend that the County's purchase of
the District Property be contingent upon County being able to consummate the joint sale of both of the Public
Agency Properties to a third party.
AGREEMENT
NOW THEREFORE, in consideration of the agreements herein contained and for other good and valuable
consideration,the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Effective Date.This Agreement is subject to approval of the governing bodies of County and District.
This Agreement shalt be effective on the date approved by both parties("Effective Date").
2. Purchase and Sale. Subject to the terms and conditions in this Agreement, District agrees to sell and
County agrees to purchase the District Property.
3. Purchase Price. The purchase price for the District Property shall be ten percent (10%)of the"Net
Sales Proceeds" from the sale of the Public Agency Properties to a third party. The term"Net Sales
Proceeds" means the purchase price paid by a third party for the purchase of the Public Agency
Properties less all costs of sale(excluding County staff time)including, but not limited to, costs to provide
security at the Public Agency Properties prior to conveyance to a third party, escrow closing costs,
appraisal, advertising, marketing and other costs of sale (collectively, "Costs of Sale"). To the extent any
C:\DOCUME-1\1)zaid\LOCALS-1\TempVnotes36F7BZPurchase and Sale-final.doc 1
5/31/05
of the Costs of Sale need to be paid prior to the"Close of Escrow,"as defined below, County shall
advance such Costs of Sale and District shall not be required to advance any of the Costs of Sale.
County shall be reimbursed for all Costs of Sale advanced by County out of the funds paid by a third party
prior to distribution of the sales proceeds to District or County.
4, Third Party Sale Contingency. County's purchase of the District Property is contingent upon the
simultaneous purchase of the Public Agency Properties by a third party at a price and upon terms
satisfactory to County, If County, in County's sole discretion, does not believe it can achieve this goal,
County shall have the option to terminate this Agreement for any reason immediately upon written notice
to District. If County elects to terminate this Agreement, both parties shall be relieved of all obligations
under this Agreement and County shall have no obligation to purchase the District Property, nor be
subject to damages or penalties of any kind.
5. Further Conditions to County's Performance. In addition to the third party sale contingency set forth
in paragraph 4 above, County's obligation to close escrow is subject to the following conditions:
5.1. District's representations and warranties in this Agreement being correct as of the date of this
Agreement and as of the"Close of Escrow," as defined below.
5.2. District's performance of all obligations under this Agreement and the Joint Exercise of Powers
Agreement entered into by the parties, to which this Agreement is an exhibit("JPA").
5.3. The vesting of title to the District Property in County, or in any party identified by County, by grant
deed in fee simple absolute, free and clear of all liens, encumbrances, assessments, leases
(recorded and/or unrecorded), and taxes except the following "Approved Exceptions" as outlined
in the Preliminary Report dated as of February 28, 2006, issued by First American Title, 1850 Mt.
Diablo Blvd., Suite 300, Walnut Creek, CA, their Order Number NCS-212138-CC ("Title
Company"):
A. Easements or rights of way of record over said property, listed as exception(s) 6, 7, 8, 9,
10 and 12.
B. Other approved exception(s) 3, 4, 5 and 11.
5.4. Title Company's being prepared to issue a CLTA title insurance policy in the full amount of the
purchase price for the District Property,subject only to the Approved Exceptions("Title Policy").
If County determines that any of these conditions have not been met, County shall have the right to
terminate this Agreement by delivering written notice to District and, if applicable, the escrow agent.
6. Conditions to District's Performance. District's obligation to perform under this Agreement is subject
to the following conditions:
6.1 County's representations and warranties in this Agreement being correct as of the date of this
Agreement and as of the Close of Escrow.
6.2 County's performance of all obligations under this Agreement and the JPA.
7. Escrow. By this Agreement, County and District establish an escrow ("Escrow")with Title Company, for
the simultaneous sale of the District Property to County and the sale of the Public Agency Properties to a
third party, under Title Company's Order Numbers NCS-212138-CC and NCS-212136-CC. District .
hereby authorizes County to prepare and deliver to District for review and approval, and file the approved
escrow instructions with said Title Company, on behalf of District, consistent with this Agreement. This
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includes authorization of the Title Company to withhold pro rata taxes, liens and assessments on the
District Property.
7.1. Fees and Title Insurance. The parties anticipate that the third party purchaser of the Public
Agency Properties will pay all escrow fees, recording fees, documentary transfer taxes, broker's
commission, if any, and the premium charged for any title insurance desired by the third party
purchaser. To the extent any of the closing costs are allocated to County, such amounts shall be
deducted from the purchase price paid by the third party purchaser prior to distribution of the Net
Sales Proceeds, in accordance with paragraph 3 above.
7.2. District's Deposit into Escrow. At least five (5) days prior to the Close of Escrow, District will
deliver into Escrow a grant deed, in recordable form and properly executed on behalf of District
("District Grant Deed"), in a form approved by County, conveying the District Property in fee
simple absolute, subject only to the Approved Exceptions, to County or to the individual or entity
identified by County as the third party purchaser of the Public Agency Properties.
7.3 County's Deposit into Escrow. On or before five (5) business days prior to the Close of Escrow,
County will deliver into Escrow two (2) grant deeds in recordable form and properly executed on
behalf of County ("County Grant Deeds"), conveying the County Property and the District Property
to the third party purchaser of the Public Agency Properties, subject to the exceptions set forth in
Title Company's Preliminary Reports dated as of February 28, 2006, their Order Numbers NCS-
212136-CC and NCS-212138-CC. if the District is to convey the District Property to the County
by the District Grant Deed, the County shall also deliver a duly executed certificate of acceptance
of the District Grant Deed in recordable form to the Title Company.
7.4 Close of Escrow. Escrow shall close upon the conveyance of the Public Agency Properties to the
third party purchaser ("Close of Escrow"). County shall instruct the Title Company to close
Escrow as follows:
A. Record the District Grant Deed, marked for return to County care of Karen A. Laws,
Principal Real Property Agent(which shall be deemed delivery to County);
B. Record the County Grant Deeds, marked for return to the third party purchaser, which
shall be deemed delivery to the third party purchaser;
C. Issue the Title Policy or policies, if requested to do so by County and/or the third party
purchaser;
D. Prorate taxes, assessments, rents and other charges as of the Close of Escrow,
E. Disburse to County the amount identified by County as the Costs of Sale;
F. Disburse to District the Costs of Sale advanced by District, if any;
G. Disburse to District ten percent(10%)of the Net Sales Proceeds;
H. Disburse to County the remaining ninety percent(90%) of the Net Sales Proceeds; and
1. Prepare and deliver to County and to District one signed copy of Title Company's closing
statement showing all receipts and disbursements of the Escrow.
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If Title Company is unable to simultaneously perform all of the instructions contained in Countys
escrow instructions, including those set forth above, Title Company shall notify County, District and the
third party purchaser and retain all funds and documents pending receipt of further instructions from
County, District and the third party purchaser.
a. District's Representations and Warranties. District makes the following representations and
warranties to the best of District's knowledge with the understanding that these representations and
warranties are material and are being relied upon by County. District represents and warrants to County
that as of the date of this Agreement and as of the Close of Escrow:
8.1. Marketable Title. To the best of District's knowledge, District is the owner of the District Property
and has marketable and insurable fee simple title to the District Property clear of restrictions,
leases, liens and other encumbrances, subject only to the Approved Exceptions. To the best of
District's knowledge, no leases, licenses, or other agreements allowing any third party rights to
use the District Property are or will be in force unless prior consent has been given by County in
writing. Commencing with the full execution of this Agreement by both parties and until the Close
of Escrow, District shall not permit any liens, encumbrances or easements to be placed on the
District Property other than the Approved Exceptions, nor shall District enter into any agreement
that would affect the District Property that would be binding on County after the Close of Escrow
without the prior written consent of County.
8.2 Condition of District Property. District is not aware of having received any.notice of any violation of
any statute, ordinance, regulation or administrative or judicial order or holding, appearing in public
records, with respect to the District Property. District has disclosed to County all information,
records and studies maintained by District in connection with the District Property concerning
hazardous substances of which District is aware and District is not concealing any knowledge of
the presence of contamination or hazardous substances on, from or under the District Property to
the best of District's knowledge. Any information that District has delivered to County either
directly or through District's agents is accurate and District has, to the best of District's knowledge,
disclosed all material facts with respect to the District Property.
8.3 Other Matters Affectinn District Property. To the best of District's knowledge, there are not
presently any actions, suits, or proceedings pending or threatened against or affecting the District
Property or the interest of District in the District Property or its use that would affect District's ability
to consummate the transaction contemplated by this Agreement. Further, District is not currently
aware of any outstanding and unpaid arbitration awards or judgments affecting title to any portion
of the District Property. To the best of Districts knowledge there are not presently any pending or
threatened condemnation, eminent domain or similar proceedings affecting the District Property.
District shall promptly notify County of any of these matters arising prior to the Close of Escrow of
which it is informed.
8.4 District's Authority. This Agreement and all other documents delivered by District prior to or at the
Close of Escrow have been authorized, executed, and delivered by District; are binding
obligations of the District; and, to the best of District's knowledge, are collectively sufficient to
transfer all of District's rights to the Property.
9. County's Representations and Warranties. County makes the following representations and
warranties to the best of County's knowledge with the understanding that these representations and
warranties are material and are being relied upon by District. County represents and warrants to District
that as of the date of this Agreement and as of the Close of Escrow:
9.1 Liens and Encumbrances. Commencing with the full execution of this Agreement by both parties
and until the Close of Escrow, County shall not permit any liens, encumbrances or easements to
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be placed on the District Property other than the Approved Exceptions, nor shall County enter into
any agreement that would affect the District Property that would be binding on District after the
Close of Escrow without the prior written consent of District,except as authorized under the JPA.
9.2 County's Authority. This Agreement and all documents delivered by County prior to or at the
Close of Escrow have been authorized, executed and delivered by County; and are binding
obligations of County; and, to the best of County's knowledge, are collectively sufficient to
authorize County to perform its obligations hereunder.
10. Survival. All of the terms, provisions, representations, warranties and covenants set forth in paragraphs
8 and 9 of this Agreement shall survive the assignment, expiration or termination of this Agreement and
shall not.merge in the deed or other documents following the delivery and recordation of said deed or
other documents.
11. Assignment and Successors.This Agreement shall inure to the benefit of and shall be binding upon the
parties to this Agreement and their respective heirs, successors, and assigns.
12. Notices. All notices (including requests, demands, approvals or other communications) under this
Agreement shall be in writing. The place for delivery of all notices given under this Agreement shall be as
follows:
District: Mount Diablo Unified School District
1936 Carlotta Drive
Concord, CA 94519-1397
Attn: Richard C. Nicoll, Ph.D,Assistant Superintendent
County: Contra Costa County
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Attn: Karen A. Laws, Principal Real Property Agent
or to such other addresses as County and District may respectively designate by written notice to the
other.
13. Entire Agreement. This Agreement, including the Recitals and the Exhibits hereto, together with the
Joint Exercise of Powers Agreement entered into by the parties to which this Agreement is an exhibit
CJPA"), contains the entire understanding of the parties relating to the subject matter of this Agreement.
Any representation or promise of the parties shall not be enforceable unless it is contained in this
Agreement or the JPA or in a subsequent written modification of this Agreement or the JPA approved by
the governing bodies of both parties.
14. 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 had 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. The Recitals are and shall be enforceable as a part of this Agreement.
15. Further Assurances. Whenever requested to do so by the other party, each party shall execute,
acknowledge and deriver all further conveyances, assignments, confirmations, satisfactions, releases,
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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.
16. Waiver. A waiver or breach of any covenant or provision in this Agreement shall not 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.
17. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or
unenforceable, the remainder of this Agreement shall not be affected.
18. Governing Law and Venue. This Agreement shall be governed and construed in accordance with
California law. The venue of any litigation pertaining to this Agreement shall be Contra Costa County,
California.
19. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an
element.
20. No Third Party Beneficiaries. This Agreement is intended solely for the benefit of the parties hereto,
and no third party shall have any right or interest in any provision of this Agreement or as a result of any
action or inaction of any party in connection therewith.
CONTRA COSTA COUNTY MOUNT DIABLO UNIFIED SCHOOL DISTRICT
By By
County Administrator
ATTEST: APPROVED AS TO FORM:
John Cullen, Clerk of the Board of Miller Brown Dannis
Supervisors and County Administrator District Counsel
By By
Deputy Marilyn J. Cleveland
RECOMMENDED FOR APPROVAL: Date:
Maurice Shiu, (Date of District Board Approval)
Public Works Director
By
Karen A. Laws
Principal Real Property Agent
RECOMMENDED FOR APPROVAL:
James Kennedy,
Deputy Director— Redevelopment
By
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EXHIBIT"A"
Real Property in the City of Pleasant Hill, County of Contra Costa, State of California,
being a portion of the Rancho Las Juntas,described as follows:
Commencing at the northeast corner of the certain parcel of land described in the Deed
from Developers Corporation to El Dorado Associates, Inc.,dated April 21, 1947 and
recorded July 28, 1947 in Volume 1102 of Official Records, at Page, 196,thence South
301 43' 30"West, 1268.59 feet;thence North 89° 09' 05"West, 115.33 feet to the Point
of Beginning; thence from said Point of Beginning North 89° 09' 05"West,714.74 feet;
thence South 0° 50' 55"West, 641.88 feet to the north right of way line of Oak Park
Boulevard; thence along said right of way line easterly along the arc of a curve,to the
right,with a radius of 4030 feet,through an arc distance of 99.41 feet and tangent to said
curve South 800 16'30"East,222.43 feet;thence leaving said right of way line North 30°
43' 30"East, 796.13 feet to the Point of the Beginning.
This real property description has been prepared by me or under my direction in
conformance with the Professional rs Act.
Signature: ice`' ---- NDS
Idreensed anurveyor =5��E1WFnLL7F��`�
Contra Costa County Public Works Department
-a Exp-
Date: /���j'`O� sT Q�
9TFOF cR�x�O
APN: 149-230-005
EXHIBIT"B"
Real Property in the City of Pleasant Hill, County of Contra Costa, State of California,
being a portion of the Rancho Las Juntas,described as follows:
Commencing at the northeast corner of the certain parcel of land described in the Deed
from Developers Corporation to El Dorado Associates, Inc.,dated April 21 1947 and
recorded July 28, 1947, in Volume 1102 of Official Records, at Page 196,thence South
30°43' 30"West, 1268.59 feet to the Point of Beginning; thence from said Point of
Beginning North 89°09' 05"West, 115.33 feet;thence South 30°43' 30"West, 796.13
feet;thence South 80° 16' 30"East, 107.11 feet; thence North 30°43' 30"East,815.19
feet to the Point of Beginning.
This real property description has been prepared by me or under my direction in
conformance with the Professional Land S ors Act.
LRS U SV
Signature: =g�.��ZWE1bj�FG`�e
T ensed Land Surveyor
Contra Costa County Public Works Department Xp,12-31-06'
No.5999
s 2�
Date:
FOP CP���
Portion of APN: 149-230-008
EXHIBIT "A"
Real Property in the City of Pleasant Hill, County of Contra Costa, State of California,
being a portion of the Rancho Las Juntas, described as follows:
Commencing at the northeast corner of the certain parcel of land described in the Deed
from Developers Corporation to El Dorado Associates, Inc., dated April 21, 1947 and
recorded July 28, 1947 in Volume 1102 of Official Records, at Page, 196, thence South
30° 43' 30"West, 1268.59 feet; thence North 89° 09' 05"West, 115.33 feet to the Point
of Beginning ; thence from said Point of Beginning North 89° 09' 05"West, 714.74 feet;
thence South 0° 50' 55" West, 641.88 feet to the north right of way line of Oak Park
Boulevard; thence along said right of way line easterly along the are of a curve, to the
right, with a radius of 4030 feet, through an are distance of 99.41 feet and tangent to said
curve South 80° 16'30" East, 222.43 feet; thence leaving said right of way line North 30'
43' 30" East, 796.13 feet to the Point of the Beginning.
This real property description has been prepared by me or under my direction in
conformance with the Professional rs Act.
Signature: O �= ��NC SUR
I6icensed an urveyor =���F LW
Contra Costa County Public Works Department �v
U 71
-' Exp.12 31 OS
Date:
No.5999
1 Z��D � s�
�TROF CALx�O
APN: 149-230-005
EXHIBIT"B"
Real Property in the City of Pleasant Hill, County of Contra Costa, State of California,
being a portion of the Rancho Las Juntas, described as follows:
Commencing at the northeast corner of the certain parcel of land described in the Deed
from Developers Corporation to El Dorado Associates, Inc., dated April 21, 1947 and
recorded July 28, 1947, in Volume 1102 of Official Records, at Page 196, thence South
30° 43' 30"West, 1268.59 feet to the Point of Beginning; thence from said Point of
Beginning North 89° 09' 05"West, 115.33 feet; thence South 30° 43' 30" West, 796.13
feet; thence South 80° 16' 30" East, 107.11 feet; thence North 30° 43' 30" East, 815.19
feet to the Point of Beginning.
This real property description has been prepared by me or under my direction in
conformance with the Professional Land S e ors Act.
SND V
Signature: / _ - �`0����tiW
Licensed Land Surveyor U
Contra Costa County Public Works Department :i EXp.12-31.01?
No.5999
s
Date:
F Op cPL��
Portion of APN: 149-230-008
EXHIBIT
Parcel Number: Portion of 149-230-008
Project Name: Oak Park Boulevard Address: 3108 Oak Park Blvd.
Project Number: 4500-6X5028 Pleasant Hill, CA
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
BETWEEN
CONTRA COSTA COUNTY
AND
MOUNT DIABLO UNIFIED SCHOOL DISTRICT
This Purchase and Sale Agreement and Joint Escrow Instructions ("Agreement") is entered into by and between
the County of Contra Costa, a political subdivision of the State of California (hereinafter"County"), and the Mount
Diablo Unified School District, a political subdivision of the State of California (hereinafter"District").
RECITALS
County is the owner of an 8-acre site located on Oak Park Boulevard in the City of Pleasant Hill, Contra Costa
County, California, APN 149-230-005, commonly known as 1700 Oak Park Boulevard, that was the former Oak
Park Elementary School site ("County Property"), more particularly described on Exhibit"A" attached hereto and
incorporated herein.
District is the owner of an adjacent 2-acre site that is a portion of APN 149-230-008, more particularly described
on Exhibit "B" attached hereto and incorporated herein. The real property, and all improvements thereon, are
collectively referred to herein as the"District Property."
Each parcel is surplus property to the entity that owns it. County and District would like to dispose of these
surplus properties through a joint sale of the County Property and the District Property to a third party. The
County Property and the District Property are sometimes hereinafter referred to collectively as the "Public Agency
Properties."
In order to facilitate a joint sale of the Public Agency Properties to a third party, County and District would like
County to acquire the District Property at the time County is prepared to consummate the sale of both of the
Public Agency Properties to a third party. With this goal in mind, the parties intend that the County's purchase of
the District Property be contingent upon County being able to consummate the joint sale of both of the Public
Agency Properties to a third party.
AGREEMENT
NOW THEREFORE, in consideration of the agreements herein contained and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Effective Date. This Agreement is subject to approval of the governing bodies of County and District.
This Agreement shall be effective on the date approved by both parties ("Effective Date").
2. Purchase and Sale. Subject to the terms and conditions in this Agreement, District agrees to sell and
County agrees to purchase the District Property.
3. Purchase Price. The purchase price for the District Property shall be ten percent (10%) of the "Net
Sales Proceeds" from the sale of the Public Agency Properties to a third party. The term "Net Sales
Proceeds' means the purchase price paid by a third party for the purchase of the Public Agency
Properties less all costs of sale (excluding County staff time) including, but not limited to, costs to provide
security at the Public Agency Properties prior to conveyance to a third party, escrow closing costs,
appraisal, advertising, marketing and other costs of sale (collectively, "Costs of Sale"). To the extent any
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of the Costs of Sale need to be paid prior to the "Close of Escrow," as defined below, County shall
advance such Costs of Sale and District shall not be required to advance any of the Costs of Sale.
County shall be reimbursed for all Costs of Sale advanced by County out of the funds paid by a third party
prior to distribution of the sales proceeds to District or County.
4. Third Party Sale Contingency. County's purchase of the District Property is contingent upon the
simultaneous purchase of the Public Agency Properties by a third party at a price and upon terms
satisfactory to County. If County, in County's sole discretion, does not believe it can achieve this goal,
County shall have the option to terminate this Agreement for any reason immediately upon written notice
to District. If County elects to terminate this Agreement, both parties shall be relieved of all obligations
under this Agreement and County shall have no obligation to purchase the District Property, nor be
subject to damages or penalties of any kind.
5. Further Conditions to County's Performance. In addition to the third party sale contingency set forth
in paragraph 4 above, County's obligation to close escrow is subject to the following conditions:
5.1. District's representations and warranties in this Agreement being correct as of the date of this
Agreement and as of the"Close of Escrow," as defined below.
5.2. District's performance of all obligations under this Agreement and the Joint Exercise of Powers
Agreement entered into by the parties, to which this Agreement is an exhibit ("JPA").
5.3. The vesting of title to the District Property in County, or in any party identified by County, by grant
deed in fee simple absolute, free and clear of all liens, encumbrances, assessments, leases
(recorded and/or unrecorded), and taxes except the following "Approved Exceptions" as outlined
in the Preliminary Report dated as of February 28, 2006, issued by First American Title, 1850 Mt.
Diablo Blvd., Suite 300, Walnut Creek, CA, their Order Number NCS-212138-CC ("Title
Company"):
A. Easements or rights of way of record over said property, listed as exception(s) 6, T, 8, 9,
10 and 12.
B. Other approved exception(s) 3, 4, 5 and 11.
5.4. Title Company's being prepared to issue a CLTA title insurance policy in the full amount of the
purchase price for the District Property, subject only to the Approved Exceptions ("Title Policy").
If County determines that any of these conditions have not been met, County shall have the right to
terminate this Agreement by delivering written notice to District and, if applicable, the escrow agent.
6. Conditions to District's Performance. District's obligation to perform under this Agreement is subject
to the following conditions:
6.1 County's representations and warranties in this Agreement being correct as of the date of this
Agreement and as of the Close of Escrow.
6.2 County's performance of all obligations under this Agreement and the JPA.
7. Escrow. By this Agreement, County and District establish an escrow ("Escrow") with Title Company, for
the simultaneous sale of the District Property to County and the sale of the Public Agency Properties to a
third party, under Title Company's Order Numbers NCS-212138-CC and NCS-212136-CC. District
hereby authorizes County to prepare and deliver to District for review and approval, and file the approved
escrow instructions with said Title Company, on behalf of District, consistent with this Agreement. This
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includes authorization of the Title Company to withhold pro rata taxes, liens and assessments on the
District Property.
7.1. Fees and Title Insurance. The parties anticipate that the third party purchaser of the Public
Agency Properties will pay all escrow fees, recording fees, documentary transfer taxes, broker's
commission, if any, and the premium charged for any title insurance desired by the third party
purchaser. To the extent any of the closing costs are allocated to County, such amounts shall be
deducted from the purchase price paid by the third party purchaser prior to distribution of the Net
Sales Proceeds, in accordance with paragraph 3 above.
7.2. District's Deposit into Escrow. At least five (5) days prior to the Close of Escrow, District will
deliver into Escrow a grant deed, in recordable form and properly executed on behalf of District
("District Grant Deed"), in a form approved by County, conveying the District Property in fee
simple absolute, subject only to the Approved Exceptions, to County or to the individual or entity
identified by County as the third party purchaser of the Public Agency Properties.
7.3 County's Deposit into Escrow. On or before five (5) business days prior to the Close of Escrow,
County will deliver into Escrow two (2) grant deeds in recordable form and properly executed on
behalf of County ("County Grant Deeds"), conveying the County Property and the District Property
to the third party purchaser of the Public Agency Properties, subject to the exceptions set forth in
Title Company's Preliminary Reports dated as of February 28, 2006, their Order Numbers NCS-
212136-CC and NCS-212138-CC. If the District is to convey the District Property to the County
by the District Grant Deed, the County shall also deliver a duly executed certificate of acceptance
of the District Grant Deed in recordable form to the Title Company.
7.4 Close of Escrow. Escrow shall close upon the conveyance of the Public Agency Properties to the
third party purchaser ("Close of Escrow"). ' County shall instruct the Title Company to close
Escrow as follows:
A. Record the District Grant Deed, marked for return to County care of Karen A. Laws,
Principal Real Property Agent(which shall be deemed delivery to County);
B. Record the County Grant Deeds, marked for return to the third party purchaser, which
shall be deemed delivery to the third party purchaser;
C. Issue the Title Policy or policies, if requested to do so by County and/or the third party
purchaser;
D. Prorate taxes, assessments, rents and other charges as of the Close of Escrow;
E. Disburse to County the amount identified by County as the Costs of Sale;
F. Disburse to District the Costs of Sale advanced by District, if any,-
G.
ny;G. Disburse to District ten percent(10%) of the Net Sales Proceeds;
H. Disburse to County the remaining ninety percent(90%) of the Net Sales Proceeds; and
I. Prepare and deliver to County and to District one signed copy of Title Company's closing
statement showing all receipts and disbursements of the Escrow.
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If Title Company is unable to simultaneously perform all of the instructions contained in County's
escrow instructions, including those set forth above, Title Company shall notify County, District and the
third party purchaser and retain all funds and documents pending receipt of further instructions from
County, District and the third party purchaser.
8. District's Representations and Warranties. District makes the following representations and
warranties to the best of District's knowledge with the understanding that these representations and
warranties are material and are being relied upon by County. District represents and warrants to County
that as of the date of this Agreement and as of the Close of Escrow:
8.1. Marketable Title. To the best of District's knowledge, District is the owner of the District Property
and has marketable and insurable fee simple title to the District Property clear of restrictions,
leases, liens and other encumbrances, subject only to the Approved Exceptions. To the best of
District's knowledge, no leases, licenses, or other agreements allowing any third party rights to
use the District Property are or will be in force unless prior consent has been given by County in
writing. Commencing with the full execution of this Agreement by both parties and until the Close
of Escrow, District shall not permit any liens, encumbrances or easements to be placed on the
District Property other than the Approved Exceptions, nor shall District enter into any agreement
that would affect the District Property that would be binding on County after the Close of Escrow
without the prior written consent of County.
8.2 Condition of District Property. District is not aware of having received any notice of any violation of
any statute, ordinance, regulation or administrative or judicial order or holding, appearing in public
records, with respect to the District Property. District has disclosed to County all information,
records and studies maintained by District in connection with the District Property concerning
hazardous substances of which District is aware and District is not concealing any knowledge of
the presence of contamination or hazardous substances on, from or under the District Property to
the best of District's knowledge. Any information that District has delivered to County either
directly or through District's agents is accurate and District has, to the best of District's knowledge,
disclosed all material facts with respect to the District Property.
8.3 Other Matters Affecting_District Property To the best of District's knowledge, there are not
presently any actions, suits, or proceedings pending or threatened against or affecting the District
Property or the interest of District in the District Property or its use that would affect District's ability
to consummate the transaction contemplated by this Agreement. Further, District is not currently
aware of any outstanding and unpaid arbitration awards or judgments affecting title to any portion
of the District Property. To the best of District's knowledge there are not presently any pending or
threatened condemnation, eminent domain or similar proceedings affecting the District Property.
District shall promptly notify County of any of these matters arising prior to the Close of Escrow of
which it is informed.
8.4 District's Authority. This Agreement and all other documents delivered by District prior to or at the
Close of Escrow have been authorized, executed, and delivered by District; are binding
obligations of the District; and, to the best of District's knowledge, are collectively sufficient to
transfer all of District's rights to the Property.
9. County's Representations and Warranties. County makes the following representations and
warranties to the best of County's knowledge with the understanding that these representations and
warranties are material and are being relied upon by District. County represents and warrants to District
that as of the date of this Agreement and as of the Close of Escrow:
9.1 Liens and Encumbrances. Commencing with the full execution of this Agreement by both parties
and until the Close of Escrow, County shall not permit any liens, encumbrances or easements to
CADocuments and Settings*,IP Administratorft Documents\workWurchase and Sale-finaLdoc 4
501/05
be placed on the District Property other than the Approved Exceptions, nor shall County enter into
any agreement that would affect the District Property that would be binding on District after the
Close of Escrow without the prior written consent of District, except as authorized under the JPA.
9.2 County's Authority. This Agreement and all documents delivered by County prior to or at the
Close of Escrow have been authorized, executed and delivered by County; and are binding
obligations of County; and, to the best of County's knowledge, are collectively sufficient to
authorize County to perform its obligations hereunder.
10. Survival. All of the terms, provisions, representations, warranties and covenants set forth in paragraphs
8 and 9 of this Agreement shall survive the assignment, expiration or termination of this Agreement and
shall not merge in the deed or other documents following the delivery and recordation of said deed or
other documents.
11. Assignment and Successors. This Agreement shall inure to the benefit of and shall be binding upon the
parties to this Agreement and their respective heirs, successors, and assigns.
12. Notices. All notices (including requests, demands, approvals or other communications) under this
Agreement shall be in writing. The place for delivery of all notices given under this Agreement shall be as
follows:
District: Mount Diablo Unified School District
1936 Carlotta Drive
Concord, CA 94519-1397
Attn: Richard C. Nicoll, Ph.D, Assistant Superintendent
County: Contra Costa County
Public Works.Department
255 Glacier Drive
Martinez, CA 94553
Attn: Karen A. Laws, Principal Real Property Agent
or to such other addresses as County and District may respectively designate by written notice to the
other.
13. Entire Agreement. This Agreement, including the Recitals and the Exhibits hereto, together with the
Joint Exercise of Powers Agreement entered into by the parties to which this Agreement is an exhibit
("JPA"), contains the entire understanding of the parties relating to the subject matter of this Agreement.
Any representation or promise of the parties shall not be enforceable unless it is contained in this
Agreement or the JPA or in a subsequent written modification of this Agreement or the JPA approved by
the governing bodies of both parties.
14. 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 had 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.The Recitals are and shall be enforceable as a part of this Agreement.
15. Further Assurances. Whenever requested to do so by the other parry, each party shall execute,
acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases,
CADocuments and SetfingMHF Administratorwry bocuments\wodcWurchase and Sale-final.doc 5
5!31/05
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.
16. Waiver. A waiver or breach of any covenant or provision in this Agreement shall not 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.
17. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or
unenforceable, the remainder of this Agreement shall not be affected.
18. Governing Law and. Venue. This Agreement shall be governed and construed in accordance with
California law. The venue of any litigation pertaining to this Agreement shall be Contra Costa County,
California.
19. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an
element.
20. No Third Party Beneficiaries. This Agreement is intended solely for the benefit of the parties hereto,
and no third party shall have any right or interest in any provision of this Agreement or as a result of any
action or inaction of any party in connection therewith.
CONTRA COSTA COUNTY MOUNT DIABLO UNIFIED SCHOOL DISTRICT
BY BY
County Administrator
ATTEST: APPROVED AS TO FORM:
John Cullen, Clerk of the Board of Miller Brown Dannis
Supervisors and County Administrator . District Counsel
By
Deputy By
Marilyn J. Cleveland
RECOMMENDED FOR APPROVAL:
Maurice Shiu, Dater
Public Works Director (Date of District Board Approval)
By
Karen A. Laws
Principal Real Property Agent
RECOMMENDED FOR APPROVAL:
James Kennedy,
Deputy Director—Redevelopment
By
C:\D000ME-1\pzaid\LOCALS-1\Temp\notes36F7B2Wurchase and Sale-final.doc 6
5131/05
EXHIBIT "A"
Real Property in the City of Pleasant Hill, County of Contra Costa, State of California,
being a portion of the Rancho Las Juntas, described as follows:
Commencing at the northeast corner of the certain parcel of land described in the Deed
from Developers Corporation to El Dorado Associates, Inc., dated April 21, 1947 and
recorded July 28, 1947 in Volume 1102 of Official Records, at Page, 196, thence South
30° 43' 30" West, 1268.59 feet; thence North 89° 09' 05"West, 115.33 feet to the Point
of Beginning ; thence from said Point of Beginning North 89° 09' 05" West, 714.74 feet;
thence South 0° 50' 55" West, 641.88 feet to the north right of way line of Oak Park
Boulevard; thence along said right of way line easterly along the arc of a curve, to the
right, with a radius of 4030 feet, through an are distance of 99.41 feet and tangent to said
curve South 80° 16'30" East, 222.43 feet; thence leaving said right of way line North 300
43' 30" East, 796.13 feet to the Point of the Beginning.
This real property description has been prepared by me or under my direction in
conformance with the Professional rs Act.
Signature: `
Li �pWE�UR�
Licensed Lan urveyor =5��EF
Contra Costa County Public Works Department �v O
U 9
—' Exp.12-31-0$
No.5999
Date:
�TFOF CPL��O
APN: 149-230-005
EXHIBIT"B"
Real Property in the City of Pleasant Hill, County of Contra Costa, State of California,
being a portion of the Rancho Las Juntas, described as follows:
Commencing at the northeast corner of the certain parcel of land described in the Deed
from Developers Corporation to El Dorado Associates, Inc., dated April 21, 1947 and
recorded July 28, 1947, in Volume 1102 of Official Records, at Page 196, thence South
30° 43' 30"West, 1268.59 feet to the Point of Beginning; thence from said Point of
Beginning North 89° 09' 05"West, 115.33 feet; thence South 30° 43' 30" West, 796.13
feet; thence South 80° 16' 30" East, 107.11 feet; thence North 30° 43' 30"East, 815.19
feet to the Point of Beginning.
This real property description has been prepared by me or under my direction in
conformance with the Professional Land Surveyors Act.
�I%NU g
Signature: 5 �7-\N ;P
Licensed Land Surveyor V�u�24 �'
Contra Costa County Public Works Department Exp.12 31 0�
No.5999
Date: I Z 164 6 9TFOF CP����Q
Portion of APN: 149-230-008
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 real
property hereinafter described:
Assessor's Parcel No. 149-230-005, 8 acres, located at 1700 Oak Park Blvd, Pleasant Hill and a 2-acre
portion of APN 149-230-008.
The auction will be held at the Public Works Department, Conference Room "A" at 255 Glacier Drive,
Martinez, California, on March 20, 2007, at 11:00 a.m.
Terms and Conditions of Sale are available at the office of Contra Costa County, Public Works
Department, 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 CULLEN,Clerk of the Board of
Supervisors and County Administrator
By Deputy
Publication Dates:
G:\RealProp\2006-Filcs\06-I0WOI to sell Co Surplus property Oak Park.doc
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
255 Glacier Drive
Martinez, CA 94553
NOTICE OF INTENTION TO PURCHASE REAL PROPERTY
The Board of Supervisors of Contra Costa County declares its intention to purchase from Mt.
Diablo Unified School District, a portion of APN 149-230-008 containing approximately 2 acres of land
located at 3108 Oak Park Blvd., Pleasant Hill, California and more particularly described in the Joint
Exercise of Power Agreement(JEPA)dated December 12, 2006, for the price and the terms set forth in
the JEPA and will meet at 9:00 a.m. on April 3, 2007, in its Chambers, County Administration Building,
651 Pine Street, Martinez, California,to consummate the purchase. A copy of said JEPA is on file in the
Public Works Department.
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 CULLEN, Clerk of the Board of Supervisors and
County Administrator
By Deputy
Publication Dates:
G:\RealProp\2006-Files\06-10\BR.02 Not Purchase Property 3-20-07.doc
6/17/04
REQUEST TO SPEAK FORM
(THREE (3) MINUTE LIMIT)
Complet is form and place it in the box near the speakers' rostrum befo'Yaddr g Boa
Name: Phony::
Address: �ity: &Aa&Z2-
(Address and phone number are opti a will become a public record kept on file
with the Clerk of the Board in associa
I am speaking for myself
CHECK ONE:
1 wish to speak on Agenda Item # Date:pq
'2 v
My comments will be: ❑ General ❑ For Against
r
❑ I wish to speak on thp su ject of:
❑ I do not wish to speak but would like to leave these comments for the Board to consider:
Please see reverse for instructions and important information
t � "
NOTICE OF
PUBLIC LAND SALE
Option to Purchase
Auction Sale
DATE:March 20,2007
TIME:11:00 a.m.
PLACE:Public Works De-
partment
Conference Room"A"
255 Glacler Drive
Martinez,CA 94553
PROPERTY LOCATION:
1700 Oak Park Blvd.,
Pleasant Hill
PROPERTY DESCRIPTION:
10+-acre
PROPERTY INFORMATION:
M Assessor's Parcel No.:
149-230-005&2 acre Por-
tion of 149-230-008
Size:10+-acre
Zoning:PUD High Density
Utilities: Available on or
adjacent to site
MINIMUM BID:$25,000,000
OPTION DEPOSIT
AMOUNT: $2DO,000 (non-
refundable)In the form of
a certified check, cash-
ler's check or money or-
der(no personal checks):
$50,000 due at the time of
the auction, the remain-
ing$150 000 from the suc-
cessful bidder 7 days fol-
lowing approval by the -
Board of Supervisors.
OPTION PERIOD: 60 days
after acceptance of the
bid by the Contra Costa
County Board of Supe"k
sors.
CONTRA COSTA COUNTY
PUBLIC WORKS DEPART-
MENT
REAL PROPERTY DIVISION
255 GLACIER DRIVE,
MARTINEZ,CA 94553
For additional informa-
tion call Karen A. Laws,
Rea( Property Agent at
(925) 313-2228 Monday
through Thursday be-
tween 7a.m.and 4 p.m.
Legal CCT#2242024
Publish February 27,
March 6,13,2007
a
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Contra Costa
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter.
I am the Principal Legal Clerk of the Contra Costa Times,
a newspaper of general circulation, printed and published
at 2640 Shadelands Drive in the City of Walnut Creek,
County of Contra Costa, 94598.
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of
October 22, 1934. Case Number 19764.
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not
in any supplement thereof on the following dates,to-wit:
Feb. 27: March 6. 13.
all in the year of 2007
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Walnut Creek, California.
On this 14 day of March, 2007
Signature
Contra Costa Times
P 0 Box 4147
Walnut Creek, CA 94596
(925) 935-2525
Proof of Publication of:
(attached is a copy of the legal advertisement that
published)