HomeMy WebLinkAboutRESOLUTIONS - 01011968 - 68-699 IN THE BOARD OF SUPERVISORS
OF
CONTRA CRISTA COUNTY, STATE OF CALIFORNIA
In the Matter of the Proposed )
Diablo Public Utility District RESOLUTION NG. 6$/699
Reorganization by Dissolution I of )
Diablo Public Util.i.ty District } (Gov. Cade Secs. 56430,
and Concurrent Formation; of ) 56431, »56432, 56437)
Diablo Comm unity Servi.ees )
District , Diablo Area . )
)
RESOLUTION INITIATING FROCEEDING FOR
DIABLO PUBLIC UTILITY DISTRICT REORGAXIZA--
TI0N TW DIS OLVE THE DIABLO PUBLIC UTILITY
DISTRICT AND CONCURRENTLY FORK THE DIABLO
COMMUNITY SERVICES DISTRICT SUBJECT TO THE
CONFIRMATION OF THE VOTERS
The Board of Supervisors' of Contra Crista County RESCUES THAT.
Reorganization by dissolution of the Diablo Public Utility
District and concurrent formation of the Diablo Community Services
District has been proposed by a petition whose chief petitioners
are Lloyd Ives and Robert P. Tiernan. A mandatary petition of
application for the proposedreorganization was filed iwith lthe
Excutive Officer of the Local Agency Formation Commissionl on June
19 196$. The reasons for theproposed reorganization as set forth
In the petition include the following, (1) to provide the involved
territory with lighting services', (2) to provide the involved
territory with police protection or a security systems- guard force
to protect and safeguard lifeand property; (3) to maintain certain
reads within the involved territory which' are subject to right-or-
way by the public but have not been accepted into the 'county road
system and to implement ineeded safety measures on said reads ; and.
(4) to construct and i�tprove'' bridges culverts # curbs� g itterxs
and works Incidental to the other purposes specified in the pet1l.-
tirn.
On September 4 1963, the Local 'Agency Formation Commission
approved the application subject to the following terms and condi-
tions `
(a) The Diablo Community Services District shall. be the
successor of the dissolved `Diable Public Utility] Distract.
(b) Boundaries of terr torFy proposed to be formed as the
Diablo Community Services lstrict are amended and are
to be as described in attached :Exhibit Bit.
(c) The legislative bod of. the now-D ablo Com unity Services
District shall consist ' of:, five elected directors ,, to be
first' elected atthe same election to be held on the
RESOLUTION NO 68/699
question of reorgIa,n.izati.on within the boundaries'' as
described in. attached Bxhihlt nBtt.
(d') The effective dateof the reorganization shall be
September30, 19 9'..
The x'tocat Agency Formation Commission, assigned the proposal
designation as "Diablo Valley UtilityDistrict Reorganization"
9"be powers to be exercised by the Diablo Community Services Distrlct ,
when formed, are designated in the Petition for Reorganization a
copy of 'which is attached hereto 'and by reference incornarated
herein as Exhibit Y,Aie. The exterior 'boundaries of the community
services district to be fIormed are asdes'cri.bed in Exhibit "Be
attached hereto ' and by reference incorporated herein. The subject
districts are located entirely within Contra, Costa County.>
At: 10 a.m. on Tuesday, November 19, 19681 ire >.the Chambers> of
the .Board of Supervisors`, Administration Building, IMartinez, Cali-
fornia, this Board will conduct a public hearing on the proposed
reorganization to dissolve the Diablo Public Utility District and
concurrently form the Diablo'' Community Services District. At the
hearing the testimony of all interested persons or taxpayers for
i.
or against the proposed reormanation wi111 be heard.. A.ny', interested
person !desiring to maize written protest against the proposed re-
organization must do so by written communication filed with the
Clerk of the Board not later than the hour set for hearing. A
written' protest by a landowner must contain a description sufficient
to identify the land owned by him. A written' protest 'by a' voter
must contain the residential address of such voter.
At the conclusion of the hearing, the Board of Supervisors
shall either disapprove ;the proposed reorganization or carder the
reorganization subjIect to the confirmation of the voters in accord-
ance with Government Code Section 56437.
The Clerk of this Board is hereby. ,directed to publish' the
text of this resolution once a, week for two successive weeps in
the ""Talley'' ?ioneer", a newspaper of (general circulation published
in this County and circulated In the 'territory of each of the
districts which would be affected by ';the proposed reorgani.<zation,
the first publication tri be made 'not >later than f`if'teen (15) days
prior to the hearing date . The Cleric of this Board is also directed
to post' the text- of>this resolution on the bulletin board of this
Board at least fifteen (115) days prior to the hearing date, and
such posting will continue to the time of the hearing.
The Clerk of this Board is further directed to give notice by
mailing notice of hearing at' least fifteen (15) days prior to the
hearing date to each affected district , each person who has filed
a notice for special notice with the County Clerk, and the chief
petitioners .
PASSE?' AND ADOPTED on October. 8, 1968, by this Board.
MDF:pk
MaLBTION ATEA. 6$1693
CONTRA
r ' .rA ct}L1t'TY'
R E G E t V E D
JUN {JCl
T<7 -he Matter of the
Reorganization of LOCAL AGENCY
Diablo CoM=uni ty Service. FORMATION COMMISSION
District and Diablo Public
Utility District PETITION FOR REORGANIZATION
a,} This proposal is made 'pursuant to the' Distriet Eeorgani-�
nation Act of 1955 .
) Proposedchanges of organization:
33 Creation of a new community service districw
to be ;mown as Diablo Community Service District .
2) Dissolution of Diablo Public Utility District.
c) In addition to the existing boundaries of the Diablo Public
Utility District, the proposed district will include the Mt.
DLablo. Estate Park Subdivision Unit No . 3 .
d) sire principal act under which the proposed community
service district is proposed to be formed is the Community
: Services District, Law (Calif. Govt . Code sect-ion 6l000 et fol.)
)
;."he -description of the boundaries o:: the proposed district is
attached hereto as Exhibit "A9° . A map showing said boun-
daries is attached as Exhibit "B" . Both said exhibits are
incorporated herein: as if set forth in detail.
e) Petitioners submit conditions as follows : That the
successor community service district shall succeed to all of
the rights, dut es and o'ol-gations of the exting-wished Diablo
Public Utility District with respect to the enforcement , per~
formance and payment ox ;;he outstanding bond and contracts ,
andthat furternore the successor district shal:�. succeed to
all of the present , exiztin'g, contingent or Future assets o.:
said Diablo Public Utility District .
f;
Reasons for proposal:
1) She area included within the-boundaries of the
t
proposed district is located in the unincorporated
portion cf the county and is some distance froom
663
any other center of population. The affected area
includes the Diablo Country Club and quality
single family dwellings . The area is subject
to extensive acts of vandalism, and frequent
burglaries . Experience has shown that the
limited protection offered by the .Sheriff's
'Department is insufficient to control the
vandalism and 'ourglaries .
2) With few exceptions , the roads within the
proposed district are private in nature , but
subject to a right of way reserved to the public .
The roads are narrow and visibility is limited ,
}
The posted speed limit is 25 miles per hour, but
experience has indicated that the posted speed
limit (25mph) is rarely observed .. Again, because-
of the l.isrLited patrols by Sheriff's personnel,
there is no way to control the situation.
Since 'he area s primarily residential. and recrea�-
t o::al j the risk ox persona: injury and' property damage due
to vehicular traffic xs inordinately high.
The peititioners herein are convinced that both
of the above situations can be significantly decreased if a
auegdate ,:ontrol Treasures were adopted. The proposed district
,ioula emp. oy a private patrol, equiped With a suitable vehicle,
to make random patrols of ' the area.
The only method to procure sufficient consistent
ncome to support this proposal is through and by means of
a tax assessment.
3) The Diablo Public Utility District was formed
to provide and maintain suitable sanitation service to the
area and to maintain said private roads . The said district
•
1
-2- 68 1699
incurred a bonded indebtedness to put the. said sanitation
facilities in a condition in which Central Sanitation District
would annex the area, and this is now an accomplished fact ,.
Consequently, the main function of said Diablo Public
Utility District is to maintain said `roads within their boun-
daries.
The maintenance of said roads would be assumed by the
proposed district as well as providing the required security
as described- herein.
Section 61600 of the Government Code lists the powers
which can be granted to a community service district . If
this proposed district is formed, the following powers would
be requested:
l) treet lighting;
2) Equipment, maintenance and administration of police
p otec-'on or security systems--guard Force to protect and
safeguard life and property .
3) The opening, closing, Widening, extending, straight-
ening, surfacing and resurfacing, in whale or in part, of any
street or ,road which is subject to a right-of-way by the
publics
but which has not, been accepted into the county road
systei in such district, and the i:rplementation of these
safety measures deemed necessary to safeguard life and pro-
perky.
4 ) The construc -tion and improvement of bridges, cul-
verts , curbs, gutters and works incidental to the purposes
specified in the preceding paragraphs.
g`t she Board of Directors shall be composed of five { ) members.
h`> rihe chief petitioners are Lloyd Ives and Robert P. Tiernan.
Y.il:EREFORE petitioners pray that proceedings be taker, for
reorganization as proposed herein.
11��Jlv �5_
�3w
68 / 699
LOCAL AGENCr FORMAZICK c ..:10V 135-0
Contra 'COAU tbunty, California .
ja
Reviset Description
BATS 68 Br,�
EXHIBIT "B:."'
Z MABLO PO)XC IIM= EMTRaCT RRMWM 2ATEON
i
3 All that real property situated In the County of Contra Costa, State
of Califovdaimores particularly described as foltowas
5 Beginning in the center litre of the County Road known as Diablo Road
6 at the southerly extension of the eastern line of Parcel Otte in the deed
7
from:�ynore B; Milia to Alexander C. Farrell., et ux, recorded August
r 1?`., 1960, in Volume 3684 of Official Records, page 20; thence Easterly
8
s
along the center litre of said Diablo road to its intersection with the
10 center line of a road kmnm as Calle Crespi, as shown on;the vp�;t of
Ii 6nt "Diablo Otate Park Subdivision, First Unit filed Msy 6, 1916 ift-
YAp
Book 150 page 3021 thence Northerly along the *enter line of Calle
1.2
Crespi to its intersection v th the center line of a road known as
13
Call* Las ORnadas; thence Northerly along the center litre of>caneLoa
1
Cal.ladas and the center line of Mount Mabl.o Scenic Boulevard to its
1
intersection with the northwestern boundarl► of the 4.50 acre tract of
18
land deeded to 1;. 3. and A. H. Onken of reoord in Recorders File 140.
1'7
39#62-46; thence Southwesterly along the northwestern line of said 4.50
'18
&are trach to the center of a road known as Alameda Diablo; thence LL
Southerly along the center line of Alameda Mabl o to the no l Atte
20
of the 0.56 afore tract deeded to R• H. and L. H. Gibson, of record in
21 Volune 1195 of Official. Records at page 249; thence North 730 05s 30"
s 22
West, 323.89 feet; South 200 390 West* 811.40 feet; South 306 31' West,
2�
175.0 feet to the northern line of a road known as 'Vista Orande; thence f
24
Northwesterly along the northern line of Vista Grande to the most
28
eastern corner of Lot 24, A4omit Diablo
Berate Park Subdivision, Third {
28 tkdt, filed December 12, 1952• in Volume 49 of Maps, at page 7; thence
27 Northerly and Northwesterly along the eastern and northeastern boundary
28 of said Third Unit, to the northeastern 'corner of Lot 13 of said Mount
29 3liablo Nstate Park Subdivision Third ifnit beinga
' point on the eastern
30 line of the parcel of land described in the deed to Stephen K. Janes
31 et ua, "corded July
10 1965 in Volume 49c31 of Official Records, page
32 601 thence North 12* 34. 450 East# 373.46 fest to the north to
_:
b 6. '9a
{
corner of said Jones parcel, being a point on the southeastern boundary
2 of a parcel of land described as Parcel Two in the deed to Hagene J,
Lehner, at al, recorded September 12 1966 in Volume Wl of Official
4 Records, page 211; thence Southwesterly along the southeastern boundary
5 of said Lehner Pitrco2 Taro, to the most southern corner thereof, being the
8 most northern corner of Lot 12 of said Third Chit (49 M 7); thence South
r ry 530 33r 12" West, 87.21 feet- to the most western corner of said 'Lot 12;
8 thence North 250 06r 54" West, 34.85 feet to an, angle corner in the
3 southeastern boundary of the 17.38 acre parcel of land described as Parcel
10Threesin the-deed to Southern Publio Utility District,, recorded December
1Z 24, 1950, Recorders File No, 65547; thence South 456 53r 45" West, 373.06
12 feet to the most southern corner of said 17.38 acre parcel, being the taost
i
13 eastern darner of Lot 204, Cameo acres Unit No. 3, filed April 19, 1950
24 in Map Book 449 page 4; thence Southwesterly along the southeastern boundary,
of C%eo 'Acres No. 3to the most southern corner of Lot 1039, being the
15
most eastern corner of Lot 549 Cameo Acres Unit No, 2, filed February 23,
3.6
17
1950 ,in Book 39: page 241 'thenae Southwesterly along the southeastern
boundary of Cameo Acres No. 2, to the most southern corner of Lot 46,
18
19 being$the most eastern corer of Lot 33, Cameo Acres 'Unit No. 1, filed
November l5i 1949 in leap Book 3dr page 28; thence Southwesterly along 'the
20
soutberastem line of Cameo Acres No. 1 to the northwestern corner of Tract
21
2246, filed May 15, 1956 in Map Book 63, pace 491 thence Easterly andl,.".
22'
Southerly along the northern and eastern boundary of said Tract 2246 to '
23
the northwestern corner of Tract 2538, filed May 29, 1957 in Map Book 67,
24
page 52; thence Easterly along the northern boundary of Tract 253B to the
25
most northern corner of Lot 6, being the most western corner of the parcel
r 28
of land described aa -Parcel One In the deed from William C. Helfrich, at
! 27
al, to Robert Mainhardt, at ux, recorded January 27, 1964' n Volume 3544
28
of Official Records, page 371; #hence ksterly along the northern line of
29
said Parraml One to the northeastern corner thereof being the northwestern
30
comer of`tote psrool`of land described as Parcel Taro in said Ma'inhardt
31 _i
32
1.40
68 1699
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deed (3344 OR 3 ); thence Emster1y and Southerly along the northern and.
2 eastern des of said Parcel Two to the southeastern corner thereof, being
the northeastern corner of the 1.01 wore parcel of land described in the
4deed: from William C. Helfrich, st ux, to Robert HainhardtI, et inti, recorded
5 Junes g, 1958 in volume 3174 of Official Records, page 441; thence Southerly
8 along the eastern line of said 1.41 acre Mainhardt parcel to the southeastern
7 corner thereof, being the northeastern corner of Lot 5, Tract 2538 thence
8 ' Southerly along the eastern line of Tract 2535 to the northwestern corner
9 of V4parcel, of land described as Parcel three in said Farrell deed (3654
10 OR 20)j thence Hs,sterl y along the northern lines of Parcels 2iree o Two and
13 tine to the northeastern corner of the .868 acre parcel described as Parcel.
12 One in said Fsrrell. deed ' 3684'O&,,190-)t thence,South 170 19: 43" West Along
13 the "stem line of Parcel cne of said Farrell deed and the southerly.
14
extension thereof to thepoint of beginning.''
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17
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19 ,}
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21
4 22
23
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24 i
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26
27
28
29
30
31
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68 /6,99