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HomeMy WebLinkAboutRESOLUTIONS - 01011969 - 69-278 IN THE B10 ARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of the Diablo } Public Utility i District � Reorganization by Dissolution RESOLUTION NO., 69/278 of Diablo 'Public Utility 1 District and Concurrent (Gov. Code Secs . 5644 , 564511 Formation of Diablo Community 564525 56453} Services District, Diable Area '} RESOLUTION CONFIRMING THE ORDER P.OR RRO3RCANIZATION BY ELECTION OF THE DIABLO.UTILITY DISTRICT Y DISSOLVING THEDIABLO PUBLIC UTILITY:.. �3SSTRI T AND :CONCURRENTLY FORIKINO THE DIABLO COMMUNITY SERVICES DISTRICT. The Board of Supervisors of Centra Costa County iRESOLVE$ THAT: On November 19, 1968, this Board adopted Resolution Ido, 6i8j826 ordering reorganization of the Diablo UtilityDistrict by dissolving the Diablo. Utility District and concurrently forming the Diablo Cottriunit Services D stri et subject to confirmatn by the voters Upon the, quest �on thereaf This reorganization had been proposed ;by a; petition whose thief; petitioners are I Lloyd Ives and Robert P. Tiernan. A, mandatory petition af' anblicativn for the pro po3,ed reorgtnization was. filed with the Executive Cuff oer of the Local Agenpy Formation Commission on dune .9, 196 . The reasons for the pro o ed reorganization asset forth in. ,the petiti on include the f:6110wing: (ll to pro vide the invouve_ territory with fighting servides ; to provide the involved territory with police protection ora security systems-guard force to protect and safeguard `life' and pr�perty � (�) to main- tain certain roach within the involved terriory, wh3eh are subject tor ight-of-w-w by the ;public but have not been accepted into the county road system and to implement needed saf ty measures on said roads and (4) tb donstru t and improve' bridges , culverts , jcurbs, gutters and works incl ental to the other pur- Poses specified in the petitfivnr (3n Septeynber 4 , 1968, the >Local Agency ;F.11 ormation Commission approved the application subject to the; �r�llc�wing teras and conditions : (a) The Diablo Community Services' District shall be the successor of the dissolved Diablo Public Utility District. (b) Boundaries of.:territory.proposed to be farmed. as the Diablo Community Servi.ces District are amended and are to be as described in attached Ehlbit "DIt. wl RESOLUTION:W0. 69/278 ....... .. ..._..... _._...... ._. _... .. _........ . .. . a) The legislative body ofthe new Df sblo Community Services District shall consist of five* elected directors , to be first elected atthe seem election to be held on the question of rebrg4,nization within the boundaries as described in attached Exhibit B" , (d) The 'effective date of the reorganization shall be September 30,' 1969» The Local Agency `ormation Coo 7 0: on assigned the propos all designation as "Diablo Public Utility Di trig t Reorganizations;. The powers to be exercised by the Dab to Gommu.nity Servihes District are designated in the Petition Por Reorganization. a copy of which is attain *d hereto and by. reference in , rpor4,ted - herein as Exhibit 'A The exert©r boundaries `of the cormsunity services district a.re as de'sexy bed in Exhibit f:Bt: attached hereto and by reference incorporated herein. The subject districts are located entirely within dontra `costa CounIty On October 8,I 1968, this Board adoptedResolution No. 68/699 initiating ;proceedings for the rerrgani� tfonby dlssolu-- tion of the D ablo Public Util tY Dstr�ct and concurrent forrhatio-n'' of the Diablo c� Community Services District.` Resolution No. 68/699 fixed 10.t..0.0 .a.,.M* on TU,esday� November 19, 1968, in the halm ors of the Board of Supervisors , Administration Building, Martlnez, ftltforn a, As thb time and place for a public' hearing on the pro used rersrgani ation. The bearinwas held and concluded by this Board at the time and place'' so set. Pursuant to its Reeolution No. 681 t on Novem- ber 19, 1968, ;this Board Found that' the; propQSetreoxp cation would be in the best interests cif the p o Ia the area cif s .d reorp $niz .ti€im . Further, this 'Board ordered the afQresad reorgani atic n pursuant to cverrxme t bode ectiaz x6 89 subject to the conformation of the voters upon the question thereof. In addition, ;this Board called' for a s�teoia.l 0100tl can to be held on April 15, ;1969 , upon the question whether the said reorganization shall be confirmed by the voters 'within the boundaries described in attached Exhibit 'rB'�. The special alect on was conducted' on April l5s 1969 , and 111 votes were east favoring the aonfirmirig of the Order' of Rear anization (Resell-tion No. 68/826) , and 39 Voteswere east against said Carder of-Rear ani Zatibn. This I Board therefore CONFIRMS its said 0rde>r of` Beor�ganiza,tion (Reeolutic�n No'. 68/826) dated November 19$ 1968. The Clerk of this Beard is hereby direhted to file his certificate of completion with the Secretary of Mate in Mau TION M,0 6q/2T8 accordance with Government Code Sections 564.51and 56452. After receipt of the Secretary of Mate's eret ficato filing for this matter, the County' Clerk. is dire.oted to record a counterpart original of the Clem*s cert .fiesteof '"Pletion and the original or a! counterpart origihi! 'of the tcreta of State's certificate or A ing with, the Contra Costa County Recorder. PASSED AND ADOPTED on April 29,> 19:6 by this S ard'. W".ITh RXH1 BIT 0A , ` ... V E D ' JUN 19 196$ :iie Matter of the ' nig atioil of LOCALAGENCY iabio Co,-n:runit-y Services FORMATION COMMISSION D:.s;a3` Ct and Diablo Public I�t1�3. ty District PE 'I I4N P 3R ` :f3RG1�NIZATIQi a) This proposal is made,'pursuant to, the` District Reorgani- zation Act of 1965. b) Proposed changes of organization: 1) Creation of a new community'* service district to be known as Diablo Community Service District. 2) Dissolution of Diablo Public Utility District. c) In addition to' the existing boundaries of the Diablo Public ltilit y District, the proposed district will 'include the ISt. 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 Distric Law '(Calif. Govt. Code section 611000 et fol. The description of t e. boundaries of- the proposed district is -attached hereto as Exhibit "A" . A map showing said `oaun- darles is ,attached as Exhibit "B" . Both said exhibits are ' incorporated .herein as if set forth in detail. e) Petitioners submit conditions as fo lows. That the successor community service district shall succeed to all of the rights, duties and obligations of the extinguished Diablo Public Utility District with respect to the en6rcement, per- aormance and payment of the outstanding bond and contracts, and that furthermore the successor district shall succeed to all of the present, existing, contingent car future assets o said "Diablo Public Utility District- , j) Reasons for proposal; 1) The area included within the-boundaries of the proposed district is located in the unincorporated, portion cf` the county and is some distance from BE aL U"-'I0 vo. 69/278 _ Y any other center of papulation. The affected 'area ' ` includes the Diablo Country Club and. quay ty . sin le family dwellings. The area is subject , to extensive acts of vanda?ism, and frequent . burglaries. Experience has shown that thelimited protection offered by the Sheriff's 'Department is insuffidient 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 reads are narrow and visibility is limited. The posted speed limit is 25 miles per hour, but experience has indicated that the posted speed s limit (25mpl) is rarely observed. Again, because, of the limited patrols by Sheriff's personnel, there' is no way to control the situation. Since the area is primarily residential and reotae:. wionai,, the risk of personal injury and property damage due to vehicular traffic is inordinately high. . The peititioners herein are convinced that both Of the above s .tuatic ns can be significantly* decreased . if adequate 'control measures were adopted. Ther~ proposed district ' aula 'emp .oy a private patrol, equiped with a suitable vehicle, tc� :nape random patrols af.'the area. The only method to procure sufficient C82'iSiste23t , income, to support this proposal is through and b y means me of ` . a tax assessment. . , 3) The Diable Public Utility District toes farm • ed to provide and maintain suitable sanitation service to the area and to maintain ,said private roads, The sa�.d district" ,. ri ct f "2- - M:I(e r InCUI%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 acOOMPlished fact ,. Consequently, the main function of said blablo` Public Utility District is to maintain *aid rrloads' wlhln their bcun-. daries The maintenance of said roans would be assumed by the ` • Proposed district as well as providing th4 requii-ed security as described- herein. Section61600 of the Government C ` • ' ode lists the powers which can be granted to a community service district. • If this proposed d4strict is formed, the following powers would r be requested; l} Street lighting; Equipment, maintenance and administration of police protection or security systems- guard force to protect and safeguard life and property, r 33 The opening, closing, widening, extendin . , • . ' g,► straight— ening, surfacing anti`resurfacinp, in whole or in • 'street or road which is subject to a •ri ht...o ..waPart, of any g f y by the public, but which has not been accepted Into the county road .. system in such district, and -the implementation of t safety measures deelife and- pro'.' med necessary to safeguardhese perty. � . 4} The construction and improvement of bridges, cul— ° " veru, euros, gutters and works incidental to the Purposes specified in the preceding paragraphs. g> 'The Board of .Directors shall be Composed of five {5} r}erbers h) The CCIiepetitioners are LIc� d eve . y sand. Robert ix. Tiernan. W111rREFORE Petitioners pray that proceedings be Propiosedhtaken for reorganization as �..,. ` erein.., URN► , RESOLUTIONi>vC. 69/278 t , EXHIBIT 2 i A11 tit real property situated in'the County of Contra vast&, state 3 4 Of Cali',f'ornia j ixore particularly described a* follows$ Beginning in the venter lane of the Cauaty Road k uj%m as; Diablo Road 5 _ 6 at the southerly extension of the'eastern :tris of Parcel one in the deed 7 from ►nore B. yAng to A*L6=der C. Farrell, et`ux, recorded August 17, 1960, in Yole&s *4 of Official Rocorda• page 20; thence Easterly r along the center line of said Diablo Road to its intersection A th the ' , i ce6ter line of a'road k6ovn as Calle Crespis as shown on the ma;t t?f 1© ' # Mo mt 'Id.ablo Estate Park Subdivision, First Unit filed May 6, 1916 in Map Bi ck 15, page 301; thence Northerly along the center line of Cane 12< Creapi to its intersection with the center :tine of a road known as i 13 Calle Los Calladas; thence Northerly along the center line of Calla Los 14 Ca:Lladaa and the center line of Mount Diablo Scenic Boulevard to its i 15 intersection with the northwestern boundary of the 4.30 acre tract of { lend deeded to So S. and As H. Chken of record in R000rders File No. 17 39462-46; thence Southwesterly along .the northwestern line of said 4.50 18 score tract to the center of a road known as Alameda Di.ablol thenoo 19 Southerly along the center line of Aveda Diablo to the northern line � 24 of the 0.56 acre tractdeeded to R. R. and L, R. Gibson, of record in. . . 22 ; { Volune 1.195 of Official Records at page 249;' thence North 730 05' 30" • 22 West, 323.89 fest; South. 24° 391 West, 81.1,40 foot; South 300 311 West, i 23 175.0 feet to the northern line of a road known as Vista Grande then** i; 24 Northwesterly along the northern line of Vista Grande to the most ` 25 eastern corner of .Lot 7.4, Mount Diablo Estate Park Subdivision, Ih,.',,rd } ZS Ursit, filed December 12, 1952: in Volume 49' of Maps, at page 7'; thence 27 Northerly and Northwesterly along the "stem and northeastern boundoxy 28 of said Third Ur t, to the northeastern corner of Lot 13 of said Fount 29 Diablo Mate Park Subdivision,' T Unit, being a point on the eastern 30 line of the parcel of land described in the deed' to Stephen Y. Jones, 3 ` at ux, recorded July 19 1965 in Volume 4941 of Official Records, page 3268; UvAoe North 12. 34' 45,* Sastq 375,46 feet to that northeastern ' T1 7 RESOLUTION NO. 9f 278 } corner of said Jones_parcel, being a point on the southeastern boundary { of a parcel of land> resew :bod as Parcell Two in the decd to Zagene J. s Lehner, et al, recorded September 120 1966 in volume 5201 of Official - 4 Records, page .1.; thence Southwesterly along the nouthoaate m boundary $ 5 of said Lehner Pared Two, to the most southern comer thereof, being the most northern corner of hot 12 of said Third thit (49 M 7'); thence :youth ` 53° 33' 12" West, 87.21 foottc the most vests= corner'of said Lot 12; k ` thehoo North. 230 06f 34" West, 34.85'feot to an angle corn> r In the southeastern boundary of the 17.E acre parcel of land described as Parcel 10Three,in the-deed to Southern P'u'blic VUl ty District, recorded December 20 1930, Recorders File No, 63347; themes South 43* 53' 43" Went# 373.06 I1 • 12 feet to the most southern corner of said '17.38 acre parcel* being the most eastern corner of Lot 204, Cameo Aaron Unit No. 3, filed April 19, 1950. ' 1.3 _. In Map Book 40s page 4; thence Southwesterly along the southeastern boundary ` 1Ar • of Cameo Acres No. 3 to the most southern comer of Lot 1039 being the i 1 Laos ;eastern corner of Lot 34j, Cameo Acres Unit No. 2, filed February 23# 1950 in Mals Book 39, ;Sage 24 +thence Southwesterly along the southeastern 17 boundary of Cameo Acres No. 20 to the most southom coaxer of Lot 46, 18 being the most eastern corner of Lot 33, Cameo dares 'Unit'No. 1, filed November 15, 19451 in MapBook 30, pages 28; thence Southwesterly along the .20 southeastern line of Cacao Acres No. I to the northwestern corner of Tract 21 22 ,' filed May 131, 1956 in Map Book 63, Page }; thence Easterly and,,, 22 Southerly''along the northern and eastern, boundary of said Tract 2246 to ,. 23 the northwestern corner of Tract 253S, filed May 29 1957' in Map Hook 67, e 24 pages 32; thence Easterly;along the northern boundary of Tract 2538 to the 25 # most northern corner of Lot 6 being the most western comer of the parcel of laird described as>'Parcel Cne in the deed from William C. Helfrich, et i 2? - al, to Robert Mainhardt, ekt ux, recorded: January 27, 1960 in voluxe 35 28 of Official Records, gager 371# 'therxx*o' Easterly along the northern lire of } 29 ' said Parcel, Cne to the northeastern comer thorsofi'being the uorthwastern 30 corner of the parexeal`ef land described Parcel Two in said Mainhardt ' 31 f 32 .X11 k RESOLUTION o. 69/278 8 Y. 3 , deed (3544 OR 371) thence asterr and 'Souther E � �y along the northern and ' eastern lines of said Parcel to the +�o�l#heastex�t co e�. ther+ac being 3 the northoastern corner of the 1.01 acre parcel of 1an4 described 3u the 4 deed 'frOaWjljjAaC. Helfrich at ux to Robert )k hardt at ` ' ' „ UX0 recozied � t7=e 90 193S ;LII Vc>1Umai. 3174 of (Xficlal Recorder page 441; thence so utherlg along the eastern liner of said 1-03- acts )%Inhardt parcel to the 60ti ,{jegStern coiner 'thereof being the northeastern crrxzc+ar>of Lot 3, fact 538; thence 8 SOUthexly along the eastern lige of Tract. 2,53S to the northwestern corner 9 of th.4 1e parae�. of :Land described as Parcel M raa is said Farrell do ed (3 664 14 OR 20'0 0 tience Easter �. 1,q along the northern lines of: Parcels Three Two and 11 On& tO the northeastern corner'of th�r Parcel described as Pareel t �. 12 tkie 2x} said �` <' + ol1 deed ' 3684):�2t)4-*thence South 17* 19 4.5" West + t along ; { 13 the '*Aste= line of 'aroal Ckt0 of said Farrell'damand this'+atiuther�,y► 14 *Xtansion, thereof t4. the f 1 21 k 2 {. 23 q ti 24 25 , 26 27 2$ f 29 ' 3 RESOLUTION NO. 69/278