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HomeMy WebLinkAboutRESOLUTIONS - 01011968 - 68-826 IN THE BOARD OF SUPERVISC�tS OF: CONTRA COSTA COUNTY a STATE DF CALIFCRN1A In the Matter of the Diablo ) Public Utility District ' RESOLUTION No. 58/826 Reorganization by Disso, ution � Of Uiablo Publ.ic ` Utility ) (Gov. ' Fade Secs. 56437, District and Concurrent ' 56439s 56440), Rar ati n of Diablo Community; } ' Services I3istriat , Diable Area } RESOLUTIQN C}RDERIINIG ABLQ PUBLIC 'UTILITY DISTRICT REDRAI PATI tJN T7 DISSOLVE T DIARLs PUBLIC UTILITY DISTtICT> AND Ct?NURRENTL ' FCBD TBE DIABLO CCMUNIT SERVICES DISTRICT SUBJECT: TO THE CDNFIMATIO OF THE VOTERS ART} SETTING DATE R THE ELECTION �3� FQTHE QUESTION` OF SAID REORGANIZATION The Board of Supervisors of Contra, Costa County RESOLVES THAT: €7n October $, lg6$, this' Board adopted R.e clutl.on '�to. 6$16 9 Initiating proceedings fpr the reargariizatisn by dsso .utltan of Diablo Public Utility Ditrit d rent formati®r cif the Diable Community Servioes District This reor anization had begin proposed by a,: petition Whose ;chief petitionersi are:'' Lloyd Ives and Robert P. Tiernan. A mandatory petitcr� Ofap3 icatl cin f"nr the proposed reorganization was f led with the Exeoutive Officer of the Local Ag;ency'; FQrz atidn Cemmission ren June 19, X968, The reasons >for <the ,proposed reorgan zati+�n 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. Faroe t'o prated and sa e-- guard Life and property; { to .aintain d rm rQad� within the lnv4lved territcsry which are s xb e t to right- ©: -�Wa r b the pui Iic but have not been accepted into the aunty read system and to implement need�:d< safety measures on,:: s aid roads;; and (4� to con-- structnd Improve bridges, culverts,; curbs, gutter..s and works incidental to the ether purposes specified in the petition. On September � ,, 1968, the L€�cal Agency Formation �©mm ssitrn approved the application subject to the following terms and conditions (a) The Diablo CoImunity Seryl.ces District shall be the successor of the dissolved Diablo Public 'Utility District ' (b) Boundaries of terr9tory' prop©sed to be. tdrmed as the Diablo Com unity Bery ccs T strict are s en W and are to be as described in attached Exhibit rr : RESOLUTION. No. 618/$2V (c); The le gia 1at; IIve hodv cif the new Diablo Comunity ;Services District shall consist pf f`ive elected directors, >to 4e first elected at the s� elec�i tt b h ..Id 0 the qu�zsti�xn of reorg.. on Within th+s oundaries :as d:escribed in attached Exhibit "B" (d) The effective date of the reorganization shall be September 10,4 1969. The Local Agency Formation Commission Ass'I .nedi the pro 0:5al designation as "Diablo Public Utility Di6triet Renr�an nation".' The pov�ars to be exercised by the Di ably cunity; Services District, when formed, are deal,ated in the Petition 4'or Reorg i.zati.on, a copy of :which is attached hereto and rferncencororaGet here" in as Exhibit Ait. The exterior oundaries of the comM.unity services. district to be formed are as described in Exhibit <"Bi4 attached hereto and by reference incortporated herein. The subjeot districts are to ated ent rely within Centra Costa County. The Board's Resolution No. 681699 fixed lC a,M. on Tuesday : NQmber lq� 1 68, in the Chambers of the. Board of Supervisors,, Administration Bui141 g, Martinez, Ca .if'ornja, as the time and place for a public Ihearin on the; proposed reorganiza,tion. Notice of said hearsn� has du1 given by (l) pulieation in the "Malley Pioneer sting on the Bo- r , 11 tin >Bo . t and ing notice to each affected di..trict., -6h personrho had died a request for special notice with the County Clerk and the chief petitioners, if :any. This Board, at the time anti phaco set for said hearing, hid the determination of the Local Agency Formation Commission read aloud and thin called f`or evidence or protests as provided for by Government Cade section 56A� 4, and no px�c�tdsts were made either orally or in writing by any person or taxpayer. This Board hereby finds that the proposed ro*rgani.zation is An the best interests of the people in the area of the said reorganization. This Board hereby oruers the re©rganitation toidi.ssolva the Diable Public Utility,, District and concurrently farm the Diablo Community. Services District, sub + dt to the can 'irmtic n af theaters. The Board also orders that the elAction qn .thequostl.on cif the afore.- said reorganization be held 'on April 15, 1969, within the boundaries as described: in attached Exh bit "B". ' Said election shall be held and conducted and the votes canvassed in accordance faith the provisions of Government 'Cade sections 56,440 and 56441. PASSED AND ADOPTED on November 193, 19681 by this Board. MDF pk , a::. IBI€ 1#'A4#!.,, '. . CON TRA ....: rA COUNTY �} R E C.+ kms.. V E JUN 191 1968 In the Matter of the Reorganization of LOCAL AGENCY Diablo Community Service r-ORMATION COMMISSION Dis'triot and Diablo Public Utility District PETITION FOR REORGANIZATION a) This proposal is made pursuant to the' nistri.et Rebrgani— zati on Act of b Proposed changes crf organizat.ibn 1) Creation of a new community service _district to be known as Diablo Community Service District. 2) Dissolution of Diablo Public Utility D3.sGriet. c) In addition to the existing boundaries of the Diable Public Utility District, the proposed district will include the Mt. Diablo Estate Park Subdivision Unit No. 3 . d) The principal act under which the proposed community service district is proposed to be formed is the Community Services District Law (Calif. Govt . Code section 6!000 et fol.) The description of the boundaries of the proposed district is attached hereto, as Exhibit "A" . A crap showing said boun- daries. is attached as Exhibit "B" . Bot ' said exhibits are incorporated herein as if set forth 3n detail. e} Peulti.oners submit conditions as follows: That the successor cot�:nur«ity serv.-lee district shah. succeed to all of the rights, duties and obligations of the extinguished Diablo Public 'Uti -Ity District with respect to the enforcement, per-. formance and payment of the outstanding bond and contracts , and that furt"I ermore the successor district sham, succeed to all of tie present existing, contingent or Future assets o said. Diablo Public Uti..�qty District . ) Reasons for proposal: l) The area included within the-boundaries cif the proposed district is located in the unincorporated portion C' the county and is some distance from 68 / 826 .i ay N 4 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 burglaries . 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 li;,riited patrols by Sheriff's personnel. , there is no way to contro"1 the situation. Since the area is prima­ residential and recre,a�- •. tional, the risk' of personal in,;ury and p operty damage due fis is inordinately high.traxto Vt.. The peititi,oners herein are convinced that both of the above situations can be significantly decreased if adequate `z.ontrol measures were adopted. The proposed district would employ a private patrol., equiped with a suitable vehicle, to make random patrols of 'the area. The only method to procure sufficient consistent income 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 68 / 826 -2- f incur-red 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 or said roads would he 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 distrwet is formed, the following powers would be requested: 1) Street lighting; cr 2) Equipment , maintenence and administration of police protectior;' cr security systems-guard force to protect and safeguard life and property. r 3} he opening, closing, widening, extending, straight-- enin , surfacing and resurfacing, in whole or in part, of any street or road which is subject to a. right-of--way by the public, but which has not been accepted into the county road syste;i inLch district, and -the implementation of these safety r:easures deemed necessary to safeguard life and pro- perty. ro-perty . 4 ) The construction and improvement ,of bridges, cul.-- verts , curbs , gutters and works incidental to the purposes specified in the preceding paragraphs . g) i e Board of-Directors shall be composed of five (5) members . h) .ire chief petitioners are Lloyd Ives and Robert P. Tiernan. WhERE ESRD petitioners pray that proceedings be takEn for reorganization as proposed herein. •V /x � "` '"vr'"+.+s.'rs"` I"''ri•1_'f . ','.ref 1 _..r^i ^"'`.. .✓'t....�'r';'�•"`✓'',,,..;'`. L YD IveS � � 68 /826 EXHIBIT R" {' �{CABL4 PUMC U '= W'TCT7 2 111 that real property situated 3n the County of Contra Costa, State 4 of Cali "orni.a�; wre particularly described as followas Begiurdng in the center line of the County Road known as Diablo Road 8 at the southerly extension of the eastern line of Parcel One in the deed from ire B. Mills to Alexander C. Farrelli st'ux, recorded August 8 17, 19600 In Volume 3164 of Official Records, gage 20; thence 'Rastorly along the oemter line of said Diablo Road to its intersection Vii.th the 9 10 center line of a road 'kriowr oet Calle Crespi, as shown on the MP of 11 Meant :Diablo Estate Perk Subdivision* First Unit filed May 69 1916 in 12 Map Book 15v page 301.; thence northerly along the center line of Calle Crespi to its Intersection with the center line of a road known as i3 Calle Los Cal.l.adas; thence Northerly along the center line of Calle Los . 14 Calladas and the center line of Mount Diablo Scenic Boulevard to its 15 ryry Intersection with the northwestern boundary of the 4.50 acre tract of land deeded to RO 3. and A. H. Onkean of record in Records" Pile Nov 39462J461 thence Southwesterly along. the northwestern line of said '4.50 LS sage tract to the>center of a road known as Alameda Diablo; thence 2g Southerly along the center lite of Alameda Diablo to the northern uno 20 of the 0.56 scare tract deeded to R. H. and L. R. Gibson, of record in 21 Volums 1195 of Wfici.al. Records at page 2h9; thence North 73' 4P 30" 22 West, 323.89 feet# South 200 39t West, ,81.1..44 feet; South 30* 31* West, 23 115.0 feet to the northern line of a road known as Vista Grande; thenoe 24 S Northwesterly along the northern line of Vista Grande, to the moat 25 eastern corner of Lot 24, MoAmt Diablo Estate Park Subdivision, Third r 26 Unit, filed December 12, 1952, in Volume 49 of Maps, at page ''j; thence 27 Northerly and Northwesterly along the eastern and northstern boundary 28 of said Third unit, to the northeastern corner of Lot 13 of said Mount 29 Diablo estate Park Subdivision Wrd Unit beim a � s g point on the eastern 30 line of the parcel or land described in the deed to Stephen E.' Janes, 31 etux recorded • 11, 1865 In Volume 49M of ©ffiaial >Records, page 32 btu; thence North 120 340 45" 'le 375.46 feat to the northeastern t x 3, corner of said Jones parcel, being s point on the southeastern boundary of a,>par6al of land described to Parcel Two in the deed to Jbgeno J. 3 Lehner, et al, recorded September 12, 1966 in Volume 5201 of Official ,i Records, page 211; thence Southwesterly along the southeastern boundary 5 of said Lehner Parcel Two$ to 'the most southern corner thereof, being the $ most northern corner of Lot 12 of said Third Unit (49 M 7); thence South 530 33" 12" west, 87.21 feet to the most western corner of said Lot 12; thence North 256 06' 54* West, 34.85 feet to an angle corner in the 9 scuthpastern boundary of ,the 17.38 acre parcel of land described as Parcel 10 Three;in the deed to Southern:Public Utility District, recorded December 11 209 X934: Recorders ;File No. 63547; thence South 450 53# 45" West, 37.3.06 12 feet to the most southern corner of said 17.38 acre parcel, being the Most I3 eastern corner of Lot 204, Cameo Acres unit No, 39 filed April. 190 1938 in Map Book 40, Page 4; thence Southwesterly along the southeastern boundary 14 of Cameo Acres No. 3 to the most southern corner of Lot 1039 being the 15 most -eastern corner of Lot 54, Cameo ;acres Unit No. 2 filed February"' 23� 19501n Map Nook 399 page 241 `thence Southwesterly along the southeastern 13 boundary of Cameo Acres No. 2i to the most southern corner of Lot 4b, is being, the most 'eastern corner of Lot 33, Cameo cores.Unit No. 1, filed 19 Novesaber 15, 1949 In Map:Eook 38, pats 25; theme* Southwesterly along the. 20 southeastern line of Cameo Acres No. '1 to the northwestern'corner of Tra*t 21 i 2W#' filed May 15: 1956 in Map Book 63s page 491 thence Easterly and 22, Southerly along the northern and eastern boundary of said Tract 2246 to ' 23 the northwestern corner of Tract 2536, filed May 29, 1957 in Map Book 670 i 24'' page 52; thence Easterly along-the northern boundary of Tract 2538 to ;.the 25 ; most northern corner of Lot 6s `'being the most western corner of the parcel 26 of land described an Parcel Cho in the deed from William C Helfrich, et 27 al., to Robert Yainha rdt, at ux, recorded January 27, 1960 in Volume 3344 28 of Official Records, page 371; thence Easterly along the northern line Of 2 29 said Parcel one tis ththenorthetstern corner'thersofs being the northwestern 30 corner of theparoel est' hand describe d as Parcel Two in said Ma3nhardt 31 ' 32 4A i 1 deed (3544 Mt 371); thence Easterly and Southerly along the northern and. 2 eastern lines of said Parcel T to the southeasUrn canner'thereof, being 3 the northeastern corner of the 101 were parcel of land described'in the 4 . 'deed from Willi" C. Helfrich, et ux,' to Robert Niainhardt, et ux,,recorded .Matte 9, 1958 in Yolutae 3174 of Official FAMrds, page'441; 'thence Southerly 8 along the eastern :Mane of said 1.01 acre Mainhardt parcel to the southeastern 7 corner thereof, being the northeastern corner of Lot 5,' Tract 2538; thence 8 Scuth*rly along the eastern line of Tract 253B to the northwestern conger 3 of tie parcel of land described as Parcel T3ree in said Farrell deed 0684 10 OR 24 j; thence Easterly along the northern lines of Parcels Mires, Two and 11 Orta t* the northeastern corner of the .868 acre parcel'described as Parcel 12 Carte said Farrell deed 4 j -2t!'3 tttense doath 1r IV 45" West slang 13 the eastern line of Parcel Cite or said. Farrell deed and the southerly 14 extension thereof :to the point of beginning.:' t'r 16 17 >'sf 21 ' 22 i f 23 i t z 24 `< 25 1 J� 28 27 { 28 { 29 3E1 31 t 32