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MINUTES - 02081977 - 77B IN 3
i. ti 1977 R A RY� �t THE BOARD OF SUPERVISORS )W, INALL ITS'CAPACITIES PURSUANT .TO ORDINANCE CODE SECTION 24-2.402 IN RBauLAR' SESSION AT 9:00 A.M., TUESDAY, FEBRUARY 83 1977 IN ROOM 107, COUNTY ADMINISTRATION BUILDING, MARTINEZ, CALIFORNIA. PRESENT: Chairman W. N. Boggess, presiding, Supervisors J. P. Kenny, N. C. Fanden, R. I. Schroder, E. H. Hasseltine. CLERK: J. R. Olsson, represented by Geraldine Russell, Deputy Clerk. The following are the calendars for Board consideration prepared by the Clerk `" County`Administrator and Public Works Director. JAMES P.KENNY.RICMWO%D CALENDAR FOR THE BOARD OF SUPERVISORS WARREN N.BCG45ESS 1ST DISTRICT CHAIRMAN NANCY C.FAHDEN.MARTINCZ CONTRA COSTA COUNTY ROBERT L SCHRODER 2NO DISTRICT VICC CHAIRMAN ROBERT 1.SCHRODER.LAFAYETrE AND FOR JAMES R OLSSON.COUNTY CLERK 3RO 01STRICT SPECIAL OGTRCTS GOVERNED BY THE BOARD A1+0 EIt OFFIGO CLERK Of THC BOARD WARREN N.BOGGESS,CONCORD MRS,GERALDINE RUSSELL 4TH DISTRICT BOARD CHANDOM ROOM 107.AOyNSTRATKIN=M.OW.G CHIEF CLERK ERIC H.HASSELTINE.PITTSBURG PQ BO=911 PHONE(41 S)372.2371 5TH OISTRICr MARMNEZ CALIFORNIA 94553 TUESDAY FEBRUARY 8, 1977 The Board will meet in all its capacities pursuant to Ordinance Code Section 24-2.402. 9:00 A.M. Call to order and opening ceremonies. 9:00 A.M. Consider recommendations of the Public Works Director. 9:00 A.H. Consider recommendations of the County Administrator. 9:15 A.M. Consider "Items Submitted to the Board." 9:15 A.M. Consider recommendations and requests of Board members. 9:30 A.M. Consider recommendations of Board Committees. 9:45 A.M. Recess. 10:30 A.M. Hearing on proposed abandonment of First Avenue South between Pacheco Boulevard and Grayson Creek, Pacheco area; Planning Commission recommends denial. 10:35 A.M. Hearing on proposed segregation of assessments in Assessment Districts 1964-3 (Amador Valley Water System) and 1973-4 (Danville Off-Street Parking). Hearings on Planning Commission recommendations on the following rezoning applications: 10:40 A.M. Rutgers Mortgage Corporation, 2075-RZ, San Ramon area; 10:45 A.H. Merrill, Thiessen & Gagen, 2076-RZ, Alamo area; 10:50 A.H. Malibu Grand Prix Corporation, 2079-RZ, Pacheco area; 10:55 A.M. Commission Inititated, 2096-RZ, Rodeo area; and 11:00 A.M. Commission Initiated, 2045-RZ, Port Chicago area. If the aforesaid applications are approved as recommended, introduce ordinances, waive reading, and fix February 15, 1977 for adoption. 11:05 A.M. Hearing on proposed condemnation of real property required for road widening purposes in the Pacheco area. 11:10 A.M. Decision on recommendation of the Planning Commission that land in the Martinez/Vine Hill area (2041-RZ) be rezoned (hearing closed January 25, 1977) . 11:10 A.M. Hearings on Planning Commission recommendations with respect to request to rezone land to Agricultural Preserve District A-4 (see attached list of applicants) ; consider adoption of resolutions establishing preserves; and introduce ordinances, waive reading, and fix February 15, 1977 for adoption. Board will adjourn to luncheon meeting with Walnut Creek City Council at 1:00 p.m. at Boundary Oaks Restaurant in Walnut Creek. 00002 a Board of Supervisors' Calendar, continued February 8, 1977 ITEMS SUBMITTED TO THE BOARD Items 1 - 8: CONSENT 1. AUTHORIZE changes in the assessment roll, cancellation of certain uncollected penalties and interest, and rescission of resolu- tion relating to transfer of tax lien to unsecured roll. 2. APPOINT Mr. Thomas J. Corcoran as the second standby officer for Supervisor J. P. Kenny, and adopt resolution confirming the previously named successors to the members of the Board of Supervisors and designating an alternate temporary county seat in case of disaster. 3. ADOPT the following rezoning ordinances (introduced February 1, 1977) : No. 77-12, Plauning •Commission Initiated, 2046-RZ, Pittsburg area; and No. 77-13, Norman 6 Bernice Passur, 2074-RZ, Walnut Creek area. 4. ACCEPT as complete construction of private improvements in Minor Subdivision 223-72, Lafayette area. 5. AUTHORIZE execution of agreements for construction of private improvements in the following minor 'subdivisions: MS 20-76, Walnut Creek; MS 25-76, Lafayette; MS 104-76, Walnut Creek; and MS -109-76, Lafayette. 6. FI% March 8, 1977 at the times indicated for hearings on the following Planning Commission initiated rezoning applications: 11:00 a.m. 2060-RZ, Orinda area; 11:05 a.m. 2064-RZ. Orinda area; 11:10 a.m. 2024-RZ, Orinda area; 11:15 a.m. 2059-RZ, Orinda area; 11:25 a.m. 2049-RZ, Pittsburg area; and 11:30 a.m. 2054-RZ, Bethel Island area. 7. AUTHORIZE legal defense for persons who have so requested in connection with Superior Court Action No. 171780 and Municipal Court Action No. 26908. 8. DENY the claims of William T. McCracken, Florence Mullins, Roland Young, Kimberlyn E. Seybolt and Commonwealth Equity Trust; and application for leave to present late claim of Sarrah Carini. Items 9 - 20: DETERMINATION (Staff recommendation shown following the item.) 9. LETTER from State Department of Transportation inviting county designation of a representative to serve on an advisory group to assist the Division of Mass Transportation in the admin- istration, implementation, marketing and evaluation of trans- portation demonstration projects in the Sacramento-Stockton- San Francisco corridor. CONSIDER DESIGNATING A REPRESENTATIVE FROM THE PUBLIC WORKS DEPARTMENT Board of Supervisors` Calendar, continued February 8, 1977 10. LETTER from Mr. Joseph Duarte tendering his resignation as a member of the Citizens Advisory Committee for the park and recreation function of County Service Area LIB-11 (Oakley area). ACCEPT RESIGNATION 11.. MEMORANDUM from Director of Planning (in response to Board referral) advising that the Park and Recreation Facilities Advisory Committee recommends approval of the Moraga Park and Recreation Authority's request for transfer of $3,000 held in the Park Dedication Trust Fund for County Service Area R-4 to provide lighting for tennis courts at Campolindo High School. APPROVE RECOMMENDATION 12. LETTER from Mr. J. B. Rudquist, attorney for Reclamation District No. 2036, requesting that the Board modify its approval of the District's Conflict of Interest Code to permit qualification of the expressed disqualification provision by changing "decision" to "governmental• decisioa"; and MEMORANDUM from County Counsel advising that the conflict codes of all other agencies approved by the Board do not limit the disqualification provision, and therefore recommending that an exception not be made for Reclamtion District No. 2036. DENY REQUEST 13. LETTER from Mr. Tom Ash, eligibility worker in the Richmond District office, transmitting documents related to "Intent to Take Disciplinary Action" and requesting a review of said matter. REFER TO DIRECTOR, HUMAN RESOURCES AGENCY, AND DIRECTOR OF PERSONNEL FOR REPORT 14. LETTER from Chairman, San Ramon Valley Commercial Development Committee, requesting that the County undertake a study of the parking and traffic circulation in the downtown area of Danville. REFER TO PUBLIC WORKS DIRECTOR FOR REPORT 15. LETTER from Deputy Director for Social Services, State Department of Health, advising that the Family Protection Act, Chapter 1977, Statue of 1976, (SB 30) provides funding for a 4-year demonstration project in two counties beginning July 1, 1977, with local participation increasing from 10 percent to 33 1/3 percent, and transmitting project - pplication and guide materials related thereto. REFER TO DIRECTOR, HUMAN RESOURCES AGENCY, FOR REPORT 16. LETTER from Mrs. Louise Clark, Lafayette, transmitting copy of letter from Middlesex County, Massachusetts, which indicates the average pre-trial jail population in said county diminished from 94 to 73 after implementation of speedy trial and bail programs and urging that an investigator be seat to Middlesex County to study said programs. REFER TO COUNTY ADMINISTRATOR AND COUNTY SHERIFF-CORONER FOR REPORT 17. LETTER from Ernst 6 Ernst transmitting copy of report and recommendations on audit of Contra Costa County Child Care Program for fiscal year ended June 30, 1976. REFER TO DIRECTOR, HUMAN RESOURCES AGENCY, FOR REPORT ON FINDINGS AND RECOMMENDATIONS 18. LETTER from Ms. Diana L. Patrick, Martinez, urging that the County develop education and job training programs for those persons detained in the criminal justice system. REFER TO COUNTY SHERIFF-CORONER AND COUNTY ADMINISTRATOR FOR CONSIDERA- TION IN COMPILATION OF THE PROPOSED 1977-1978 COUNTY BUDGET Board of Supervisors' Calendar, continued February 8, 1977 19. LETTERS from Sacramento County Counsel pertaining to payments of Mr. V. M. Bullard for sale of Weimar Medical Center property, and r-commending that a meeting of the Weimar Hospital Central Committee be held to consider possible action if escrow does not close and payments continue to be late. REFER TO COUNTY REPRESENTATIVE SUPERVISOR J. P. KENNY, COUNTY ADMINISTRATOR, COUNTY COUNSEL AND PUBLIC WORKS DIRECTOR (REAL PROPERTY DIVISION) 20. LETTER from General Manager, Valley Community Services District, advising that the District Board of Directors is of the opinion that Subdivision 4943 (San Ramon area) should be included in a district that can provide public park and recreation services. REFER TO COUNTY ADMINISTRATOR Items 21 - 25: INFORMATION (Copies of communications listed as information items have been furnished to all interested parties.) 21. MEMORANDUM from County Superintendent of Schools transmitting copy of letter distributed to superintendents of school districts in the County pertaining to need for water conser- vation during time of critical water shortage. 22. LETTER from Ms. Carole Foster, Danville, requesting that the Board support Assesmblyman D. E. Boatwright's property tax reform bill, AB 11. 23. RESOLUTION adopted by Alameda County Board of Supervisors reaffirming its support of Joint Powers Agreement application for designation of the Alameda/Contra Costa Health Systems Agency. 24. RESOLUTION adopted by Madera County Board of Supervisors in support of siting thermal electric power plants along the coast where sea water is available for cooling purposes and inland siting of power plants only if such facilities utilize waste water for cooling. 25. MEMORANDUM from Director of Planning transmitting report prepared by Bay Area Social Planning Council entitled, "Feasibility of Developing a Neighborhood Facility within the Martinez Community: Phase II, Part A", which highlights three alternamn- uative. sites and indicates estimated construction costs for the proposed facility in the range of $594,000 to $720,000. Persons addressing the Board should complete the form provided on the rostrum and furnish the Clerk with a written copy of their presentation. DEADLINE FOR AGENDA ITEMS: WEDNESDAY, 5 P.M. BOARD OF SUPERVISORS' CALENDAR PLANNING ITEMS 8:February 1977 - Tuesday 11:10 A.M. - REZONINGS: PUBLIC HEARINGS: MARY DA CUNHA (Applicant & Owner), (2018-RZ) - 77.0 Acres, A-2 to A-4. Alhambra Valley Area (S.D. 11) ROBERT & JOYCE CHAPMAN (Applicants) - LLOYD ALMOND & RAY BRAUN Owner - 2089-RZ - I res, A-2 to A-4 - Martinez Area. S.D. II ALFRED PERES (Applicant & Owner) - (2088-RZ) - 267 Acres, A-2 to A-4 - Bollinger Canyon Area (S.D. 111) ROSA SILVA (Applicant & Owner) - (2009-RZ) - 127 Acres, A-2 to A-4 - Tassa- jaro Area. (S.D. V) LEE & BETTY VINSON (Applicants & Owner) - (2084-RZ) - 98.02 Acres, A-2 & A-3 to A-4 - Tassojaro Area (S.D. V) ROBERT NEIL & SHARON HAERA (Applicants & Owners) - (2085-RZ) - 20 Acres, A-2 to A-4 - Morgan Territory Area. (S.D. V) WALTER D. BETTENCOURT (Applicant & Owner) - (2070-RZ) - 45 Acres, A-3 to A-4 - Byron Area. (S.D. V) FRANK BETTENCOURT & LEROY SIMONICH (Applicants & Owner) - (2083-RZ - 585 Acres, A-2 &A-3 to A-4 - Byron Area. (S.D. V) H. & J. SPECKMAN (Applicants & Owners) - (2093-RZ) - 1,015 Acres, A-2 to A-4 - Byron Area. (S.D. V) L. JORDAN LADD (Applicant) - HORACE L. HILL, ET AL (Owners) - (2078-RZ) 343 Acres, A-2 & A-3 to A-4 - Brentwood Area. (S.D. V) HARRY & JEROME MAGEE (Applicants & Owners) - (2082-RZ) - 101 Acres, A-2 to A-4 - Diablo Area. (S.D. V) RUTH C. & JERROLD HENRY (Applicants & Owners) - (2080-RZ) - 195.58 Acres, A-2 to A-4 - Son Ramon Area. (S.D. V) ALBERT D. SEENO CONSTRUCTION CO. (Applicant & Owner) - (2090-RZ) - 640 Acres, A-2 to A-4 - Clayton Area. (S.D. V) WOODHILL DEVELOPMENT CO. (Applicant & Owner) - (2094-RZ) - 186 Acres, A-2 to R-10 and A-4 - San Ramon Area. (S.D. V) OFFICE OF COUNTY ADMINISTRATOR CONTRA COSTA COUNTY Administration Building Martinez, California To: Board of Supervisors Subject: Recommended Actions February 8, 1977 From: Arthur G. Will, County Administrator I. PERSONNEL ACTIONS 1. Additions and cancellations of positions as follows: Cost Department Center Addition Cancellation Health 450 1 Typist Clerk- Project 2.' Authorize appointment of Mrs. Sandra Watson in the class of Physical Therapist (16/40) at the third step of Salary Level 353 ($1,081-$1,314), effective December 1, 1976, as requested by the Director, Human Resources Agency and recommended by tie Civil Service Commission. II. TRAVEL AUTHORIZATIONS 3. Name and Destination Department and Date Meeting (a) Gene 1. Axelsen, Reno, NV Homicide District Attorney 3-2-77 to 3-5-77 Investigators Association (b) Reta Hall, Denver, CO ACTION Training Director, RSVP 3-18-77 to 3-23-77 Conference and Social Service Western Gerontological Society Conference III. APPROPRIATION ADJUSTMENTS 4. Social Service. Appropriate $79,250 (offset by $76,250 of additional Federal and State Aid) to provide for mandated increase in Board and Care rates approved by the Board of Supervisors on February 1, 1977. ow To: -Board of Supervisors From: County Administrator Re: Recommended actions 2-8-77 - -- Page: 2. III. APPROPRIATIO\' ADJUSTMENTS - continued 5. Moraga Fire Protection District. Add $8,000 from reserve to acquire equipment required for paramedic program. 6. Public forks (Environmental Control). Add $6,000 for estimated overtime required to prepare and present testimony at State Rater Resources Control Board hearings. 7. Internal Adjustments. Changes not affecting totals for following budget units: Marshal, Delta Judicial District, Auditor-Controller (Microfilm Services), Sheriff-Coroner (Sheriff's Dispatch Center), County Medical Services (2), County Administrator, Board of Supervisors, Public Works (Equipment Garages, County Service Area R-7), Human Resources Agency. IV. LIENS AM COLLECTIONS S. Authorize Chairman, Board of Supervisors, to execute Satisfaction of Lien taken to guarantee repayment of the cost of services rendered by the County to Jules V._ Accardi,' Jr., who has made repayment in full. V. CONTRACTS AT%D GRANTS 9. Approve and authorize Chairman, Board of Supervisors, to execute agreements between County and agencies as follows: Agency. Purnose Amount Period (a) Data Marketing, Provide 1976- Cost of Effective Inc. 1977 data on services 12-3-76 magnetic tape rendered (b) State Employ- Health Depart- *$5,660.38 2-2-77 ment Develop- meat partic- to ment Department ipation in Work 10-31-77 Incentive (WIN) Program *(state funds) - (c) City of 2nd Year $55,000 9-1-76 Pinole Community to Development .6-30=77 Program Projects 1 To: Board of Supervisors From: County Administrator Re: Recommended Actions 2-8-77 Pane: 3. V. CONTRACTS AND GRANTS - continued 9. Approve and authorize Chairman, Board-of Supervisors, to' execute agreements between County and agencies as follows:. Agency ose Amount Period (d) James F. Austin Amend Payment No No Change Provisions Change Section of existing contract (e) United Council Amendment to --- 1-1-77 of Spanish- existing contract to Speaking for transportation 10-30-77 Organizations, services provided Inc. to County Medical Services patients to remove the 1/12 monthly payment limitation (f) State Department Area Agency on *$269,984 7-1-76 of Aging Aging funding to for fiscal year 6-30-77 1976-1977 *(federal funds) 10. Approve contract in the amount of $6,500 for audit of Economic Opportunity and Head Start activities during the periods January 1, 1976 - June 30, 1977 and January 1, 1976 - December 31, 1976, respectively, with the firm of Gilbert Vasquez and Company, Certified Public Accountants, as recommended by the County Auditor- Controller. 11. Authorize Chairman, Board of Supervisors, as ex-officio the Board of Directors of the Tassajara Fire Protection District, to execute agreement between the district and various east Alameda and southcentral Contra Costa County fire protection jurisdictions for mutual fire protection assistance. To: Board of Superrisors From: County Administrator Re: Recommended Actions 2-8-77 Page: 4. --- VI. LEGIS1_4TION 12. Acknowledge receipt of report by County Administrator recapitulating major Federal and State legislative issues affecting California counties addressed during the 1976 calendar year. VII. REAL ESTATE ACTIONS 13. Authorize Chairman, Board of Supervisors, to execute five-year renewal lease between County and Raymond P. Chapot for premises at 814 Escobar, Martinez, for continued use by the Data Processing Division of the Auditor-Controller's Office for storage. VIII.OTHER ACTIONS 14. Authorize reimbursement to following persons for personal property lost or damaged while in the custody of the Sheriff-Coroner: Frank E. Souza, $35; Leon Hall, $27; and Daniel E. Ranault, $32. 15. Adopt Board order clarifying the status of the County Office on Aging as a single organizational unit, as requested by the State Office on Aging. 16. Authorize County Purchasing Agent to assign lease for electronic typewriters used by County Counsel to allow for acquisition of current word processing equipment. 17. Amend Board Resolution No. 76/638, establishing rates to be paid to child care institutions, to .increase rates paid to the following institutions, effective July 1, 1976: Monthly Bate Institution From To Penny Lane/Sepulveda, CA $868 $939 California Youth Homes/Lancaster, CA $942 $1,009 Circle Y Freedom Ranch/Lancaster, CA $847 $1,009 18. Appoint Mrs. Diana Patrick, Martinez, to the Detention Facility Advisory Committee as the representative. of the National Association for the Advancement of Colored People to replace Dr. Gearld Holbert, as requested by said organization. 00010 To: Board of Supervisors From: County Administrator Re: Recommended Actions 2-8-77 Page: 5. SiIII.OTHER ACTIONS - continued 19. Approve transfer of Ambulance Permit Officer functions' specified under the Ambulance Regulation Ordinance (No. 70-77) from the County Administrator to the County Health Officer and direct the County Counsel to prepare the necessary ordinance amendment. 20. Acknowledge receipt of report from County Treasurer-Tac Collector and as recommended adopt resolution for deposit of monies in the Local Agency Investment Fund of the State of California. 21. Acknowledge receipt of preliminary report of the County Administrator regarding establishment of a Central Permit Bureau and direct County staff to undertake further study of this matter as outlined in the preliminary report. 22. Acknowledge receipt of memorandum from Employee Relations Officer advising that in decertification election in the Deputy Public Defender Unit Contra Costa County Employees Association, Local 1, was retained as Majority Representative, and that in the Fiscal Services Unit a run-off election will be required between Associated County Employees and Contra Costa County Employees Association, Local 1. 23.'As recommended by the Director of Planning, authorize Chairman, Board of Supervisors, to execute Request for - Release of Funds and related documents for the construction of an indoor therapeutic swimming pool in Richmond area. 24. As requested by the Association of Bay Area Governments, authorize Board Chairman to issue proclamation designating week of February 14 to 21, 1977, as Regional Emergency Medical Services Week in keeping with the ABAG multi- media informational program. 25. Authorize Chairman, Board of Supervisors, to execute agreement for sale of tax delinquent property to the City of Richmond, pursuant to Chapter 8 of the Revenue and Taxation Code, as recoseended by the County Treasurer- Tax Collector. To: Board of SuDerviso_s From: County Administrator Re: Recommended Actions 2-8-77 Page: 6. - VIII.OTBER ACTIONS - continued 26. Authorize the Chairman, Board of Supervisors, to submit an application to the State Office of Criminal Justice Planning for. $38,888 to fund a Rape Victim Assistance Project. NOTE At the close of the County Administrator's agenda, the Board Chairman will ask for any comments by interested citizens attending the meeting. If discussion- by.citizens becomes too long and interferes _ with consideration of other scheduled items, however, that issue will be carried over to a later time. DEADLE E FOR AGENDA ITEMS: WMNESDAY, 5:00 P.M. ON12 CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT Martinez, California TO: Board of Supervisors FROM: Vernon L. Cline Public Works Director SUBJECT: Public Works Extra Business for February 8, 1977 SUPERVISORIAL DISTRICT V Item 1. DRAIRAGE AREA 290 - ADOPT RESOLUTIOA OF INTENTION - Oakley Area It is recommended that the Board of Supervisors, as ex officio the Governing Board of Contra Costa County Flood Control and Water Conservation District, adopt a Resolution of Intention to call an election to approve a maximum tax rate of 50.50 per One Hundred Dollars ($100) of assessed valuation within Drainage Area 290. Formation of a Drainage Area and establishment of a maximum tax rate are conditions of approval for Subdivision 4454. Drainage Area 290 was formed on December 7, 1976, and an election to establish the maximum tax rate was held on January 25, 1977 by mailed ballots, but no ballots were received by the County. (April 20, 1977 is suggested as the date for a new mail ballot election.) (LD) GENERAL Item 2. DETENTION FACILITY - APPROVE AGREEMENT - Martinez Area It is recommended that the Board of Supervisors approve and authorize the Public Works Director to execute a Consulting Services Agreement with Woodward-Clyde, Consultants, Oakland, California. The Agreement provides for a Final Soils Investigation of the Detention Facility site. The investigation is required to furnish information required for the foundation design of the new detention facility. The maximum payment under this Agreement is $12,500 without the additional authorization of the Public Works Director. (RE: Work Order 5269-926) (DFP) EXTRA BUSINESS Public Works Department Page I OT February 8, 1977 00013 CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT Martinez, California . TO: Board of Supervisors FROM: Vernon L. Cline Public Works Director SUBJECT: Public Works Agenda for February 8, 1977 REPORTS None SUPERVISORIAL DISTRICT I No Items SUPERVISORIAL DISTRICT II Item 1. ACCEPTANCE OF INSTRUMENTS It is recommended that the Board of Supervisors: A. Accept the following instruments: No. Instrument Date Grantor Reference 1. Consent to Offer of 12-1-75 East Bay Municipal Sub. MS 77-75 Dedication of Roadway Utility District 2. Consent to Offer of 12-23-75 Connie L. Fernandez,Sub. MS 77-75 Dedication of Roadway Administratrix of with Subordination the Estate of ,Carroll B. Fernandez 3. Consent to Offer of 12-24-75 Standard Oil Co. Sub. MS 77-75 Dedication of Roadway of California with Subordination 4. Relinquishment of 1-10-77 Walter Leo Rippee, Sub. MS 82-.76 Abutter's Rights et al. B. Accept the following instruments for recording only: 1. Offer of Dedication 1-10-77 Walter Leo Rippee, Sub. MS 82-76 for Roadway Purposes et al. (LD) Item 2. SUBDIVISION MS 65-74 - EXONERATE BONDS - El Sobrante Area It is recommended .that the Board of Supervisors exonerate the Improve- ment Security Bond (No. NB 675582) issued by the Home Indemnity Company in the amount of $89,600 -for faithful performance and $90,100 for labor and materials for the installation and'completion of public improvements in Subdivision I-LS 65-74, and authorize the Public Works Director to refund to Meadow Woods Apartments the $500 cash deposit. The aforesaid bonds and cash deposit were replaced by Surety Bond No. 2597402 issued by Safeco Insurance Company of America in the amount of $97,300 for faithful perforr ante and $97,800 for labor and materials, and a new $500 cash deposit in accordance with the Road Improvement Agreement with Westwood Associates in connection with Development Permit 3011-76. (continued on next page) A_ G E N D A Public Works Department Page 1 of 7 February 8, 1977 40014 Item 2 continued: Developer: Meadow Woods Apartments C/o Duffel Financial & Construction Company 2280 Diamond Boulevard Concord, CA 94520 _ Location:. Minor Subdivision 65-74 is located on the southwest side" of San Pablo Dam Road at Valley View Road. (LD) Item 3. APPIAN WAY - ACCEPT DEDICATION - E1 Sobrante Area It is recommended that the Board of Supervisors accept, for recordation only, an Offer of Dedication of an easement for drainage purposes from Shen Fu Liang. Said document, dated January 26, 1977, is required as a condition of approval of Development Permit 3022-74. (RE: Road No. 1271) (RP) Item 4. CENTER AVENUE - APPROVE RELOCATION PAYMENT - Pacheco Area It is recommended that the Board of Supervisors approve the relocation claim dated January 26, 1977, from Albert L. and Sylvia Morgan for replacement housing payment, and authorize the County Principal Real Property Agent to sign the claim form on behalf of the County. It is further recommended that the County Auditor be authorized to. ' draw a warrant in the amount of $9,000, payable to Western Title Insurance Company, Escrow No. 309745, and deliver same to the Real Property Division for payment. (RE: Project No. 3471-4342-663-76) (RP) SUPERVISORIAL DISTRICT III Item 5. SUBDIVISION MS 25-76 - APPROVE AGREEMENT - Lafayette Area It is recommended that the Board of Supervisors approve the Subdivision Agreement for Subdivision MS 25-76. Owner: Claude May, D.B.A. May Pools and Construction Company 3363 McGraw Lane Lafayette, CA 94549 Location: Subdivision MS 25-76 is located on the north side of Circle Creek Drive, approximately 500 feet south and east of Ortega Street. (LD) Item 6. RUDGE_kR ROAD - APPROVE AGREEMENT - Walnut Creek Area It is recommended that the Board of Supervisors approve and authorize its Chairman to execute a Road Improvement Agreement between the County and Paul C. Petersen, Builder-Developer, for the reconstruction of Rudgear Road between Grover Lane and Youngs Court, in conjunction with the development of a subdivision called Rudgear Estates (Tract 4578) , in the Citv of Walnut Creek. The Agreement calls for a deposit in the amount of $54,200, which has been received. (RE: Project No. 4141-4542-661-72) (RD) A_ G E N D A Public Works Department Page 2 of 7 February 8, 1977 I Item 7. RUDGEAR ROAD - ACCEPT DEDICATIONS - Walnut Creek Area i It is recommended that the Board of Supervisors accept the following Offers of Dedication for street and highway purposes: 1. Robert D. Frediani and Beverly L. Frediani, dated January 18, 1977. (` 2. Paul C. .Petersen, Builder-Developer, dated January 11, 1977. I 3. Rayfield C. Hunsinger, Gloria Jean Hunsinger and the Department of Veterans' Affairs of the State of California, dated January 6, 1977. Said Offers are being made as a condition of the Road Improvement Agreement between the County and Paul C. Petersen for the reconstruction of Rudgear Road between Grover Lane and Youngs Court. (RE: Project No. 4141-4542-663-72) (RP) Item 8. CAMINO PABLO - APPROVE AGREEMENT - Orinda Area It is recommended that the Board of Supervisors approve a Rental Agreement dated February 1, 1977, with Kendall W. Langan for rental of County-owned property located at 180 Camino Pablo, Orinda, and authorize the Public Works Director to execute the Agreement'.on behalf of the County. The rental is on a month-to-month, as-is basis at $250 per month, commencing February 1, 1977. (RP) SUPERVISORL�I. DISTRICTS III, V Item 9. VARIOUS SUBDIVISIONS - DETERMINATION OF UTILITY EASEMENT RIGHTS It is recommended that the Board of Supervisors make a determination that the division and development of the properties described below in the manner set forth on the respective Parcel Maps will not unreason- ably interfere with the free and complete exercise of the public util- ity rights of way or easements. This determination is necessary to allow the filing of the respective Parcel Maps without the signatures of the public utilities or entities involved. 1. SUBDIVISION MS 96-75 Owner: Clarence Thompson 156 Lunado Court San Francisco, CA 94127 Location: Subdivision MS 96-75 is located at the northern terminus of Cruz Road and Cumming Road, approximately 1,500 feet north of-Sunset Road, and 800 feet west of-Eden Plains Road, in the Knightsen area. 2. SUBDIVISION MS 13-76 Owner: Harry Kroll a2 Altarinda Circle Orinda, CA 94563 Location: Subdivision MS 13-76 is located at the end of Montanya Court and Mockingbird Lane, in the Walnut Creek area. (LD) SUPERVISORIAL DISTRICT IV No Items A_ G E N D A Public Yorks Department Page 3 of 7 February 8, 1977 OM6 SUPERVISORIAL DISTRICT V Item 10. SUBDIVISION 4775 - ACCEPT SUBDIVISION - Alamo Area It is recommended that the Board of Supervisors: 1. Issue an Order stating that the construction of improvements in Subdivision 4775 has been satisfactorily completed. 2. Accept as County Road the widening of Las Trampas Road, the right of way for which is shown and dedicated for public use on the map of Subdivision 4775, filed August 4, 1976, in Book 188 of Maps at page 14. Subdivider: Falender Homes Corp. ' 1885 Oak Park Blvd. Pleasant Hill, CA 94523 Location: Subdivision 4775 is located on the southeasterly side of Las Trampas Road between Patricia Lane and Via Lucia. (LD) Item 11. SUBDIVISION 4173 - ACCEPT SUBDIVISION - San Ramon Area It is recommended that the Board of Supervisors: 1. Issue an Order stating that the construction of improvements in Subdivision 4173 has been satisfactorily completed with the ex- ception of minor deficiencies for which a $2,000 cash bond has been deposited. 2. Accept as County Roads those streets which are shown and dedicated for public use on the map of Subdivision 4173 filed February 22, 1972 in Book 144 of I4aps at page 1. Subdivider: Albert D. Seeno Construction Company • 3890 Railroad Ave., Pittsburg, .CA 94565 Location: Subdivision 4173 is located on the easterly side of Broadmoor Drive at Cabrillo Avenue. (LD) Item 12. SUBDIVISION 4172 - ACCEPT SUBDIVISION - San Ramon Area It is recommended that the Board of Supervisors: 1. Issue an Order stating that the construction of improvements in Subdivision 4172 has been satisfactorily completed. 2. Accept as County Roads those streets which are shown and dedicated for public use on the map of Subdivision 4172 filed February 22, 1972, in Book 143 of Maps at page 47, excepting therefrom those streets which are covered by the map of Reversion to Acreage of a portion of Subdivision 4172, Lots 1 through 18 and 82 through 86, filed January 20, 1977, in Book 192 of Maps at page 36 and by the map of Reversion to Acreage of a portion of Subdivision 4172 Lots 19 through 44, filed January 20, 1977 in Book 192 of Maps at page 34. Subdivider: Albert D. Seeno Construction Company 3890 Railroad Ave., Pittsburg, CA 94565 Location: Subdivision 4172 is located on Yosemite Avenue and Westwood Avenue east of Tarevton avenue. (LD) A G.E N D A - Public Works Department Page 4 of 7 February 8,1977 A I Item 13. SUBDIVISION MS 178-71 - REFUND CASH DEPOSIT - Danville Area It is recommended that the Board of Supervisors: 1. Declare that the correction of deficiencies in Subdivision MS 178-71 has been satisfactorily completed. i 2. Authorize the Public Works Director to refund to Liahona Christensen I the $500 cash deposit as surety under the Subdivision Agreement and another $500 cash deposit which together insured the. completion of the deficiencies. Owner: Liahona Christensen 10 Manti Terrace, Danville, CA 94526 Location: Subdivision MIS 178-71 is located on the easterly side of El Pintado, 1/4 mile north of Dolphin Drive. (LD) Item 14. LA GONDA WAY - ACCEPT DRAINAGE IMPROVEMENTS AS COMPLETE - Danville Area It is recommended that the Board of Supervisors issue an Order stating that the construction of improvements for Land Use Permit 183-71 has been satisfactorily completed. Developer: Anthony J. Bernardino, M.D. 177 Front Street, Danville, CA 94526 Location: The property involved in Land Use Permit 183-71 is located on the east side of La Gonda Way approximately 300 feet north of El Cerro Boulevard. (LD) Item 15. VICTORY HIGHWAY AND BRIDGEHEAD ROAD - ABANDONMENT - Antioch Area Pursuant to the conditions a= Land Use Permit 2018-76, it is recommended that the Board of Supervisors surra- naily abandon portions of Victory " Highway and Bridgehead Road, superseded by realignment, and authorize the Board Chairman to execute a Quitclaim Deed to Maurice A. Lodge and Geneva Lodge for the abandoned parcel, and direct the Clerk of the Board to cause a certified copy of the Resolution cf Abandonment to be recorded in the Office of the County Recorder. Compliance has been made for environmental and planning considerations in the Land Use Permit. (RE: Road Nos. 7182A and 7684B) (RP) GENERAL Item 16. JOHN MARSH HOME - APPROVE AMENDMENT TO AGREEMENT - Brentwood Area It is recommended that the Board of Supervisors approve and authorize its Chairman to execute the Project Time Extension Amendment to the Agreement with the State of California Resources Agency, Department of Parks and Recreation, for the John Marsh Home, Project No. 07-0006. The original Agreement, dated July 14, 1975, provides for a grant of $185,000 under the State Beach, Park, Recreational and Historical Facilities Bond Act of 1974, and this Amendment extends the required completion date from June 30, 1977 to June 30, 1979. (RE: 1003-127-7710-601) (B&G) A_ G E N D A Public Works Department Page 5 of 7 February 8, 1977 00018 Item 17. CONTRA COSTA COUNTY JAIL - APPROVE ADDENDUM NO. 1 - Martinez Area It is recommended that the Board of Supervisors approve Addendum No. 1 to the plans and specifications for Fire Safety Alterations at the Contra Costa County Jail, 650 Pine Street, Martinez. This Addendum provides for relatively minor changes and clarifications to the contract documents. There is no change in the Architect's estimate of cost. (RE: 1003-097-7710-708) (B&G) Item 18. JUVENILE HALL - APPROVE INSPECTION SERVICES AGREEMENTS - Martinez Area It is recommended that the Board of Supervisors approve and authorize the Public Works Director to execute Inspection Services Agreements with Messrs. J. M. Nelson and Robert G. Grady for review of contract documents and construction inspection for the Kitchen Remodel at Juvenile Hall, 202 Glacier Drive, Martinez. Said Agreements are effec- tive February 8, 1977. Payment is provided for services in accordance with standard rates in- dicated in the Agreements. (RE: 1120-099-7710-606) (B&G) Item 19. GEORGE MILLER JR. MEMORIAL WEST - APPROVE INSPECTION SERVICES AGREEMENTS Richmond Area It is recommended that the Board of Supervisors approve and authorize the Public Works Director to execute Inspection Services Agreements with Messrs. J. M. Nelson and Robert G. Grady for review of contract documents and construction inspection for the- George Miller,Jr. Memorial . West Therapeutic Swimming Pool, 2801 Hilltop Drive, Richmond. Said Agreements are effective February 8, 1977. -Payment is provided for services in accordance with standard rates in- dicated in the Agreements. (RE: 1003-108-7712-845) (B&G) Item 20. AUTHORIZE DESTRUCTION OF RECEIPT BOOKS The Public Works Department has determined that receipt books kept over three years are no longer required for County purposes and are not ex- pressly required to be kept by law. Pursuant to Government Code Section 26202, the Public Works Director requests authorization of the Board of Supervisors to destroy these receipt books. Four-fifths vote of the Board is required. (B&S) Item 21. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT - APPROVE INSPECTION SERVICES AGR£EMENTES - Concord Area _It is recd=ended that the Board of Supervisors, as ex officio the Governing Board of the Contra Costa County Fire-Protection District, approve and authorize the Public Works Director to execute Inspection Services Agreements with Messrs. J. M. Nelson and Robert G. Gradv for review of contract documents and construction inspection for the Apparatus Repair Shop at the Fire College, 2945 Treat Boulevard, Concord. Said Agreements are effective February 8, 1977. (continued on next page) A G E N D A Public Works Department Page 'S of 7 February 8, 1977 0019 �i Item 21 continued: Payment is provided for services in accordance with the standard rates indicated in the Agreements. ' (RE: 2025-2025-7710-603) (B&G) Item 22. STANDARD OIL C%1PANY - Title Transfer Consent it is recommended that the Board of Supervisors approve the request of Standard Oil Company that the County consent to their transfer of title of various properties to Chevron-U.S.A., Inc., which may involve pro- perties Standard and .the County or any of its special districts may be a party to in leases, licenses, contracts, or other agreements. It is further recom:lended that the Public Works Director be authorized to sign the letters of consent. (RP) Item 23. CONTRA COSTA COUNTY WATER AGENCY 1. The Delta Water Quality Report is submitted for the Board of Supervisors' information and public distribution. No action required. 2. It is requested that the Board of Supervisors consider attached "Calendar of S-later Meetings." (EC) CALENDAR OF WATER MEETL1NGS TIME ATTENDANCE DATE DAY SPONSOR PLACE REMARKS Recommended Authorization Feb. 8 Tues. State Water 10:00 A.M. Public Hearing:- Staff - Resources Auditorium Interim Water Control Board Resources Bldg. Quality Control Sacramento Plan Feb. 15 Tues. Senate Comm. on 9:30 A.M. Public Hearing: Staff Agriculture and Room 3191 Federal/State Water Resources State Capitol Water Controversy Sacramento A G E N D A Public' Wbrks ,Department Page •? of 7 February 8, 1977 00020 Contracts, Agreements, or other documents approved by the Hoard this day are microfilmed with the order except in those instances where the clerk was not furnished with the documents prior to the time when the minutes were micro- filmed. In such cases, when the documents are received they will be placed in the appropriate file (to be microfilmed at a later time). 00021 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFOILITIA He: Zoning Ordinances Passed Date: February 8. 1977 T the d te fixed to consider adoption of the This being e a -n foll6wing ordin* ance(s) rezoning property as indicated, which was '(were) duly introduced and hearing(s) held; The Board orders that this'(these)-ordinance(s) is (are) Passed, and the Clerk shall have it (them) published as indicated bel6w! Ordinance Application lumber A-mlicant Number Area jewspa-oer 77-12 Planning Commission 2046-RZ Pittsburg Pittsburg Initiated Post Dispatch 77-13 Norman b Bernice 2074-RZ waluutzCreek,-- ::Contra Costa Passer t�Times PASSED on February 8, 197by the 10f llowing vote= Supervisors J- P. Kenny, N. C. Fanden; R. I. Schroder, E. a. Hasseltine, W. N. Boggess. ZZOES: None. ABS 'M None. I HEREBY CERTIFY that the foregoing is a true and cor--4eCt record and copy of action duly taken by this Board- on the above date_ ATTEST: J. R. OLSSGIL , County Clerk and ex officio Clerk. of the Board: on Pebx�qary-,8-- 197 7 By: , (Deputy 44ott�eutle-- ---� - - - 0.0M 9 • In the Board of Supervisors of Contra Costa County, State of California February 8 19 77 In the Matter of Approving Personnel Adjustments. As recommended by the County Administrator, IT IS BY , THE BOARD ORDERED that the personnel adjustments attached hereto and by reference incorporated herein, are APPROVED. PASSED by the Board on February 8, 1977• 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of SuperAsm on the dote aforesaid. Witness my hand and the Seal of the Board of super affixed this 8thday of February . 19 J. R. OLSSON, Clerk ey Deputy Clerk ro y ac onald H-24 3/76 15m 00M POS I T I ON.. A_D-J_U S T.M E N T REQUEST No: Department HEALTH Budget Unit 450 Date 1/27/77 Action Requested: ' -Allocate one 'typist Clerk-Project (WIN) pos tion=to the department Proposed effective date: ASAP Explain why-adjus=ent is needed: . To'provide clerical position for State Employment Development Department - WIN Program contract Estimated cost o aadjust!ent: Amount: ` -A.: . : 1. Salaries and wages: Ftp-. "25660.38 2. Fixed Assets: (.Yizt .items and cob2) Estimated total S 5660.36 r-- -1•_.......... . — Signature '� =State EDD funds Departr.:ent Head Initial Determination of County Administrator Date: February/3, 1977 To Civil Service: Request recommendation. County Administrator Personnel Office and/or Civil Service Commission Date: February 3, 1977 Classification and Pay Recommendation Classify 1 Typist Clerk-Project. Study discloses duties and responsibilities to be assigned justify classification_ as Typist Clerk-Project. Can be effective day following Board action. The above action can be accomplished by amending Resolution 71/17 by adding.l Typist Clerk-Project, Salary Level 178 (634-771).- Assistant PdrsonneIIDirector Recommendation of County Administrator � Date: February 7, 1977 Recommendation of Personnel Office and/or Civil Service Commission approved, effective February 8, 1977- . County Administrator Action. of the Boa rd of Supervisors „ AdJoustment APPROVED (£ ) cn EZ) t J. R. OLSSOXj CgILmty Clerk Date. FE a (' i:e I f,df:;s'o~�:.t and �Q%.eSQiU2 APPROVAL c-3' th,( adJ;az,Jrcn CCnb,tit�U'_S Cr �- 9 In the Board of Supervisors of Contra Costa County, State of California February 8 . 19 77 In the Matter of Authorizing Appropriation Adjustments. IT IS BY THE BOARD ORDERED that the appropriation adjustments attached hereto and by reference incorporated herein, are APPROVED. PASSED by the .Board on February 8, 1977 I hereby certify that the fon poinp Is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this fith day of February . 19 J.��R/..��OLSSON, Clerk ey -a Do"clerk Dorothy MacDonald H-24 3/7515m _ CONTRA COSTA COUNTY r • APPROPRIATION ADJUSTMENT . . I. DEPARTMENT OR BUDGET UNIT Social Service RESERVED FOR AUDITOR•CONTROLLER'S USE Card Special ACCOUNT 2. OBJECT OF EXPENSE OR FIXED ASSET ITEMDecrease Increase Code Quantity) Fund BudoetUnit Obiect Sub.Acct. CR X IN 66) BHI 01 1003 518-3311 Federal Aid 45,600 01 1003 518-3312 State Aid 30,650 County Board and Care (Children) 01 1003 530-3310 Board and Care 3,000 01 1003 990-9970 Reserve for Contingencies, 79,250 General Fund 01 1003 990-9970 Appropriable New Revenue 76,250 PROOF Ca p.__ _K.P__ _V_7R._ 1 EXPLANATION OF REQUEST(If capital outlay list items and cost of each) TOTAL - To provide for the $12.50 increase in BHI payments for ENTRY children in foster homes mandated by AB 3293, and to provide Date Description County funds to give the same $12.50 increase in those County Board and Care cases that do not have sufficient income to cover this increase. APPROVED: SIGN RES DATE AUDITOR- JAM 2 7 77 CONTROLLER: COUNTY ADMINISTRATOR: BOARD OF SUPERVISORS ORDER: YES:. Supervisors Fenny.Fa`Scn. Schmdcr.bggms.H:sseitiae FEB 8 l'�7 N0c�R0OC °" or For R. E. Jornlin, J. R. D�5sDn1, CLERIC by��.-�=Qt ktm�m. , Director / Aeputy. Clerk 5' awn Title � Date A,yrop.Adj. (M 129 REV. 2/75) Jaumol No. •See fsstrttctio+s os Reverse SMM t CONTRA COSTA COUNTY APPROPRIATION ADJUSTMENT 1. DEPARTMENT OR BUDGET UNIT RESERVED FOR AUDITOR-CONTROLLER'S USE Horaga Fire Protection District Cord Special ACCOUNT 2. OBJECT OF EXPENSE OR FIXED ASSET ITEM• Increase und FDecrease Code Ouontit ) BudaetUnit Object b.Acct (CR X IN 66) 01 2010 2010-7750 009 Cardioscope 6,700 01 2010 2010-7750 010 Telephone Coupler 540 01 2010 2010-7750 011 Stethoscope 360 01 2010 2010-7750 012 Anti Shock Pants 400 - 01 2010 2010-9970 For Paramedic Equip. - 8,000 PROOF CO_'"P_ VER.- 3. EXPLANATION OF REQUEST(11 capital outlay,list iterns and cost of each) TOTAL -- - --- --- ENTRY To provide equipment for Paramedic Program from Reserve Date Description for Contingency Fund. As Above APPROVED: ATUREl DA�E AUDITOR- " ; CONTROL COUNTY ADMINISTRATOR: BOARD OF SUPERVISORS ORDER: YES: 5tpermots Kcnnv.Fa`.uirlt �`-ti"`�L khcodcr.Ba�csi.Huselttst6 FEB 8 1317 t,AA L40 -7 J. R. OLSSON. CLERK by�'*'t OF �)eTt.Ac� a1 �-iz Signature Ti a Date Deputy Clerk Approp.Adj. QW Journd No. (M 129 REV. 2/75) •See Instructions on Ret erse Side • CONTRA COSTA COUNTY APPROPRIATION ADJUSTMENT F• 1. DEPARTMENT OR BUDGET UNIT Pub 1 is V-,crks RESERVED FOR AUDITOR•CONTROLLER'S USE Cord Special ACCOUNT '<. OBJECT OF EXPENSE OR FIXED ASSET ITEMIncrease Decrease CR X iN 66) Code Gjantit } Fund Bud et Unit Db'cct Sub.Acct. SEWAGE,WASTE.& WATER 01 1003 472-1014 Overtime 6,03 RESERVE FOR CONTINGENCIES 990-9970 Reserve for contingencies 6,003 PROOF _CpQ?_ _K•P• 3. EXPLANATION OF REOLIEST i if capital Outlay,list(tans and cast Of each) TOTAL ENTRY � Estimated overtime requirement for Environmental Control Date Description Division through the balance of the fiscal year. Required largely for preparation for various water hearings. Most of the expense will be cost applied to the Water Agency. APPROVED: SIGNATURES DATE ORIGINAL SIGNED BY AUDITOR- R L WcBDxALD JAN 12 77 CONTROLLER: ��tyi—� COUNTY ADMINISTRATOR: .=5� BOARD OF SUPERVISORS ORDER: YES: ��= I�enny,Fabden. sduadp.Ilaa�ess Fi whine FEB 8 197 1 ��� T'ublic ltiarks Director I/12J77 J. R. OLSSM. CLM by - z 1"1", 4. • SignatV.e n Title Date D" aeric V(NM App.ap.A o (M 129 REV. 2/75) • {j-j-tnstrrnclions on Reverse Side CONTRA COSTA COUNTY APPROPRIA-TON ADJUSTMENT 1. DEPARTMENT OR BUDGET UNIT 26S 1 L RESERVED FOR AUDITOR-CONTROLLER'S USE K 00 Ii1�ut(IS* o- d Spec•al ACCOUNT 2. OBJECT OF EXPENSE OR FIXED ASSET ITEM• r_ Increasede Q�antirv? Fun' BudeetUnit Object b.Acct. f4nDecrease 1 t' X IN 66) 1 1&03 '4c -1013 1013 Temporary Salaries lZ 1l $ 01 i S S ICIl ��'I't;<4aFa� '( tAgkleq CpP- Ior5 y ej WORN PROOF _C_o_r.p.—_ _K.P__ _Y_E_R.— 3. EXPLANATION OF REOUEST(If capital outlay,list items and cost of each) TOTAL ENTRY Date Desctiptian Attached Memo Justification "PROVED: SIGNATURES DATE AUDITOR- rr .OVTROLLER: NTY AWINIS ADMINISTRATOR: OARD OF SUPERVISORS ORDER: • YES: Supertraots Kcnrri.Fanden. - Sdttodcr.B.vS6ess.Ha»eltute t 1 yy J NO:. No Ne ,FEB n U J. R OMON �f+,CLERK 1,�r+�t� '*� a � � • e �Delta Marshal 12/23/7 Deputy atPvk Donald E Si:" 'SwTitle Date ill ,bp Adi M 129 Re.. 2/66) Journal No. - •See Instructions airReverse S No I • CONTRA costa COUNTY APPROPRIATION ADJUSTMENT 1. DEPARTMENT OR BUDGET UNIT Auditor-Mlcrofil• — 148 RESERVED FOR AUDITOR-CONTROLLER'S USE Card Special ACCOUNT 2. OBJECT OF EXPENSE OR FIXED ASSET ITEMDecrease Increase Code Ouantir ) Fund Budaew it Obiect b_Acct. CR X IN 66) 01 1003 148;2310 Professional Service 1690 01 1 1003 148-7750 001 Rotex Ultra 111 St/��R �����tij�� 't 640 01 2 1003 148-7750 002 Time Recorder 700 01 1 1003 148-7751 68 Microfiche Storage Cabinet 350 PROOFComp.- K.P_ VER.- 3. EXPLANATION OF REQUEST(If capitol outlay,fist items and cost of each) TOTAL - - -- - —-- ENTRY Please see attached sheet. Date Description APPROVED: SIGNATURES DATE AUDITOR- ORn"tv.1 SIMS BY DEC'?$76CONTROLLER: �`E'THC" COUNTY ADMINISTRATOR: •�J BOARD OF SUPERVISORS ORDER: YES:Sw.P' ls� is Kenna-.Falwcr. - codet. FEB 6 t Qj NO:.+`out on J. R. OLSSON, CLERK by J..il d JA,.,t* L7f. Serv. Manager 12-27-76 Deputy Qerk Sear Title Dote _�+..,rr AOprop.Adj. (M 129 REV. 2/75) Journal No. Ser Instructions on Reverse I e Attachment to Appropriation Adjustment dated 12-27-76 Auditor-Controller-Microfilm Explanation of Request: t. Rotex Ultra III Silver Recovery Unit We will use approximately 50 gallons of fixer per month on our COM film. We should recover approximately 112 ounce of silver per gallon of fixer. This means we would recover 300 troy ounces of silver per year. Most silver processors will pay us 751 of market price for the silver. The price of silver at present is fluctuating between $4.25 and $4.50 per ounce. If the market holds in that area, we should net approximately $850 - $1 ,000 a year. 2. 2 - Simplex Time Recorders In our present 400 square foot quarters we are able to use one recorder. Our new quarters are 2,500 square feet with work centers in three different locations separated from from each other. We need a recorder in each area to pre- clude loss of work time walking to and from the work areas to a single time recorder. Our billing system is based on actual time and materials charges. Time recordings are vital to the gstem. 3. 1 - Fiche Storage Cabinet Master (original) microfiche will be stored in MF Services for ease of original duplication and availability for on call duplication once the initial distribution has been made. It is anticipated we will produce 2000+ masters per month or 24,000 per year. We will retain all masters for salvage once they are no longer required for retention by departments. owl CONTRA COSTA COUNTY APPROPRIATION ADJUSTMENT 1. DEPARTMENT OR BUDGET Utrt7 e�9s RESERVED FOR AUDITOR•CONTROLLER•S USE ��11���� CGrd Special ACCOUNT 2. OBJECT OF EXPENSE OR FIXED ASSET ITEM• Decrease Increase Code O omit) Fund BudoetUnit Oolect S L Arct. (CR X IN 5c) ®I 1003 256-2270 Repair & Service Equipment $375.00 rJJ 1 )03 256-7750 M?- Sound Controller $375.00 r i PROOF _C=p.__ _K.P,_ _V_'c_R._ I EXPLANATION OF REQUEST(If capitol outlay,list items and cost of each) TOTAL ENTRY Th provide a noise suppressor on the teletype enabling the combining of position responsibilities D°" Description of law channel position number three and teletype duties. Equipment repair costs are far below previous years costs to this point which enables the transfer of funds. APPROVED: SIGNATURES DATE I AUDITOR- CONTROLLER: UDITOR CONTROLLER: (,b I F`v 3 t? ' COUNTY R 7 ADMINISTRATOR: •�/-+-►- BOARD OF SUPERVISORS ORDER- YES: RDER: YE ICent+}.Fshdrn. Iva �0-11 E rcadcc,fSv�•Hssscltitu I N��� FEB 6 1971 R, OLSSON °r' 1 ,y 7 U• Wo CLERK b bs ` 4. ivl�IrFi, r Signature Title Dare D" Clark Apptop.Adi. (M 129 Rev.2/68) om Journal No. •See►ustrucricns on Reverse Side CONTRA COSTA COUNTY APPROPRIATION ADJUSTMENT 1. DEPARTMENT OR BUDGET UNIRMICAb SdF UCES 540 RESERVED FOR AUOITOR•CONTROLLER-S USE Cord Special ACCOUNT 2. OBJECT OF EXPENSE OR FIXED ASSET ITEM• Decrease Increase Code Ouoniit ) Fund BudoetUnit Object Sub.Acct. CR X IN 66) 1 1 1003 KhO-7754 1 S G Portable Patient ?".onitor 4,221 , )1 1 1003 540.7754 Is7 stereo-Colposcope 2,635 ?1 1 1003 540-7754 5S Recording Resusci-Anne 1,036 Dl 1 1003 940-7754 !S4 Chart Re6order-CO-Defibrillator 1,301 )l 1003 540-7754 161 sigmoidoscopy set 71/ %1 1 1003 5110-7752'5 190 A.atitone Beeper 240 1 1003 540-7754 136 7nnision Pump 148,/ A 1003 540-7754 124 Electric Beds 9821 A 1003 540-2477 Education Expense 1,036/' ?1 1003 540-7754 095 Assistive services 240/ ?1 1 1003 540-w% 141 Refrigerator-i%rgue 8,600-1 )l 1003 540-7754 159 Microscope 622/ U 1003 540-7754 157 Sonusol Tips 136 PROOF 1777777-11_1�F�. _VE_R. I EXPLANATION OF REQUEST(1(capital outlay,list items and cost of each) TOTAL � Request an appropriation adjustment (increases) to ENTRY establish new line items for capital equipmnt for a;. Dote Description portable patient monitor,a stereo-colposcope, a re- cording rescusci-annex a chart recorder defibrillator, and a multitone beeper (5 iters). The remaining increases result primarily from price increases since the budget input for these line items was prepared. The offsetting decreases to finance these capital equipment items are considered less important than APPROVED SIGNA IRES DATE AUDITOR 7 hose for which Tie request adjustments. - I-3177 CONTROLLER- COUNTY / ;.iu.SINISTRATOR: '�''-,r BOARD OF SUPERVISORS ORDER: YES: Supervisors KcnnF.Fatu:cn. S:hrwff NO_NOW t .fk�cess.Ffsaxl+r,e FEg $ 1977 Assistant J. R. OLSSON, CLERK by 'Mtir. ,.�I-,� Medical Director ,1 2 ]Deputy GetkSisnature Title Dote L.F. GM!,;i, H.D. 0.1ll ,,,.p. V nal Ad,. j� (M 129 REV. 2n5) •See luslructions ort Ret arse Side No. CONTRA COSTA COUNTY APPROPRIATION ADJUSTMENT C(<1. DEPARTM=_tiT 02 GUDGET UNIT .A It! RESERVED FOR AUDITOR-CONTROLLER'S USE e- <<a' ef'1/1Ge S Carc Saeda: ACCOUNT 2. OBJECT OF EXPENSE OR FIXED ASSET ITEM• Decrease Increase Code �;nri:•1 Fund BudaetUnit M" t 5,:5.Acct. CR X IN 66) 01 / 1003 540-7751 106 File Horizontal $1,000 01 1003 540-7751 072 Velcro fiche P.eader 325 01 i 1003 540-7751 /f/ Reader Printer $1,313 01 1003 540 7751 033 Hicro fiche Reader 28 0i 1003 540-7754 120 Heart Rate Meritor 16 PROOF _C_oagr.-_ _K.P__ _V_E_R- I EXPLANATION OF REQUEST(If capitol outlay,list items and cost of each) TOTAL ENTRY Request elimination of line items 7751-106 and 7751-072 and Dote Description approval of a new line item for a reader printer which is more important. Also request approval of an additional $28 for 7751-033 due to price changes upward. APPROVED: SIGNATURES DATE AUDITOR- l 7 CONTROLLER: 1-3-7/ COUNTY /,/7 AD- 41STRATOR: ?/v/7 BOARD OF SUPERVISORS ORDER: YES: $ujxssuurs f:enrlr,Fanden, &&hscato,sct.naC,. FEB 8 o/I N0 >iJoNQ II-� J1SSistant J. R. OLSSQV, CLERK by�+-u►��' �'�-- s ✓ /? L! . Medical Director , 1/21/7 Depttly aetk Signature I+- lrtfaeA Title Date Ap .Adi. (II! 129 REV. 2/75) t( !�� Journal No. t •See Jastractiorrs on Reverse Side, CONTRA COSTA COUNTY APPROPRIATION ADJUSTMENT 1. DEPARTMENT OR BUDGET UNIT COUNTY ADMINISTRATOR RESERVED FOR AUDITOR-CONTROLLER'S USE Cold Special ACCOUNT 2. OBJECT OF EXPENSE OR FIXED ASSET ITEM• Increase FDecrease CR X IN 66) Code Oucntity) Fund BudoetUn:t Obiect Sub.Acct. 01 3 1003 003-77SI 006 Electric Typewriters $ 2,190.0P 01 1003 036-7712 624 Transfer to 003-7751-006 S 2,190.00 PROOF _�Of __ K_P_ _V_ER._ I EXPLANATION OF REOUEST(If capital outlay,list items and cost of each) TOTAL ENTRY To replace two typewritars which are worn out and Date De:C�iption no longer reliable and to provide typewriter for additional CETA Typist Clerk. APPROVED: SI ARES DATE AUDITOR CONTROLLER- COUNTY ADMINISTRATOR: BOARD OF SUPERVISORS ORDER: YES: $ppecrisocs Kenny.Falhlrn. 5dw)d".8oS".li+nsdwr NO:. Nage Assistant County J. R. OLSSON. CLERK 1 s. Administrator-Finance 2-4-77 Deputy Cl2Ik S:gnerure Tide ��Y ffrrll 2 Data Approp.Adj.Jou.aa,No. (Id Instructions REV. 2/75) -.Ser fuslruclies ou Reverse SFd i CONTRA COSTA COUNTY APPROPRIATION ADJUSTMENT 1. DEPARTMENT OR BUDGET UNIT RESERVED FOR AUDITOWCONTROLLER'S USE BOARD OF SUPERVISORS Cc?: Special ACCOUNT 2. OBJECT OF EXPENSE OR FIXED ASSET ITEMDecrease Increase Code Ouontir ) Fund BudoetUnit O 'ect Sub.Acct_ CR X IN 66) 01 1 1003 001-7752 002 Desk - 36 x 72 $ 878.00' 1 1003 001-7752 003 Secretary Desk - 35 x 66 744.00 1 1003 001-7752 004 Conference Table - 48 x 120 702.00 3 1003 001-7752 005 Credenza-Bookcases 1,102.00 1 1003 001-7752 006 Executive Chair 392.00 2 1003 001-7752 007 Secretary Chair 450.00 2 1003 001-7751 008 File 653.00 4 1003 001-7752 009 Lounge Chairs 1,203.00 1 1003 001-7752 010 48" Diameter Conf. Table S00.00 2 1003 001-7751 011 Dictation-Transcribers 922.00 4 1003 001-7751 001 IBM Selectric Typewriters 3,184.00 1 1003 001-7751 012 Portable Typewriter 300,00 1 1003 001-7751 013 Calculator 219.00 1003 001-2100 Expense OWce, 3,124.00 1003 086-7710 690 Tran To 001-7751,2 $14,373.00 PROOF Comp._ K_P. VER._ 3. EXPLANATION OF REQUEST(If capital outlay,list items and cost of each) TOTAL —— ENTRY Date Description Office Furniture and equipment for the new Supervisors. APPROVED: SfGNAnIPFS DATE AUDITOR UDIT0 — CONTROLLER: �—' ERS77 COUNTY _/7� AMINISTRATOR: JI BOARD OF SUPERVISORS ORDER: YES: &Xnuors Kenny.Fabdra. &4-kr'B0A&-' EB 8 1971 NO:.�vON on _ Assistant County J. R. OLSSOn. CLERK by I a. Administrator-Finance 2-4-77 p.epixCerksisnature Title Date Approp.Adj. (M 129 REV. 2/75) Journal No. •t re Instructions on Rerers - 0 CONTRA COSTA COUNTY APPROPRIATION ADJUSTMENT 1. DEPARTMENT OR BUDGET UNIT Public Works RESERVED FOR AUDITOR-CONTROLLER'S USE Cord Special ACCOUNT 2. OBJECT OF EXPENSE OR FIXED ASSET ITEMDecrease Increase Code 0oontit ) Fund Budoet Unit Object Sub.Acct. CR X IN 661 EOU1PMEh7 GARAGES 01 1003 062-7754 007 1. Bearing Seal Driver 50 1 7750 014 Ladder 300 I 7754 001 Drill Press 400 002 2. Battery Tester 700 712 Truck Tire Changer 616 713 Safety Parts basher 135 714 Transmission jack 80 013 4. Misc Tools 81 2170 3. Household Supplies 700 063-7753 Ot3 S. 7-P-A 1 ro M3 7756 033 1QC00 I7756 033 ,Ccacvrr'•'•/-Back hoc iO�GL70 I_AT_t- ..�.�.- PROOFComp._ K P. VER. l EXPLANATION OF REQUEST(If capital outlay,list items and cost of each) TOTAL _- - --� --- ENTRY 1. Additional to cover estimated purchase price. Dote Description 2. Replace Battery Tester which is bayord economical repair (Tag §47287) 3. Additional for safety stands d benches. APPROVED: SIGNATURES DATE 4. Cover- estimated mist tool requirement to 6/30/77. AUDITOR-c— FEB 3 77 CONTROLLER: C £^u.. COUNTT T `/ ADMINISTRATOR: BOARD OF SUPERVISORS ORDER: YES: Super%isors Kenny,Fitkl t, r Scbmder.B'U—'Hassd6nc FE B 8 W NO_No N Z on � A.�L-ubJ. R. OLSSON, CLERK by Lt!�cP Ae a Iis Works Director 2/2/77 Deputy Cleric Signature r• Title {� Date wprap-��• rS/3/I (M 129 REV. 2/75) Journal No. •See frrstructions on Reverse Si e !1 r� CONTRA COSTA COUNTY APPROPRIATION ADJUSTMENT I CEFA-T-.LENT OR BUDGET UNIT Public Works RESERVED FOR AUDITOR.CONTROLLER'S USE Card Special ACCOUNT 2. DLilECT OF EXPENSE OR FIXED ASSET ITEMIncrease Decrease CR X IN 66) Code Ouantit 1 Fund BudaetUnit Object SuL Acct. COUNTY SERVICE AREA R-7 01 2754 275.1-7700 021 1. Park Site J 7 5449 101,560 I 922 - Tibros Pk Site 21 5421 124,500 023 Land Acq-Park Ded Fees 105,000 7712 008 Dav Pk SV Sch 5461 25,000 1 all Dev Pk Siie 30 5486 150,000 7700 012 Plink Appraisal 5469 300 013 Site G Appraise 5470 150,300 014 Church Appraise 5471 300 315 Site 2 Appraise 5473 200 016 Park Site 12 5474 100,000 020 Park Land Sites 144,002 7712 310 Gev Site Tibros 5175 10D,000 3580 Grants in Aid 10,958 PROOF Cornp.__ _K.P:_ _V_ER._ 3. EXPLANATION OF REQUEST(If capital outlay,list items and cost of 00th) TOTAL ENTRY Adjust budget appropriations to reflect R-71s current plans Date Descnptior. fx park acquisition and davelopnent. . e APPROVED: ATU T AUDITOR— CONTROLL R` / COUNTY ADMINISTRATOR: ` e�uuln BOARD OF SUPERVISORS ORDER- YES: $I:pctmsors KcnnT,FaWcu. sr,.&,.Bos .Hasschuse FEB 8 NO-NONE on Public .Marks Director 2/2/77 J. R. OISSON, CLERK by �3�sa�' 4//,M Signature r Q Title Dote DSP C Ge[x J �um 1 No. cN %3 (M 129 REV. 2/75) Crr hr.!ravtions on Reverse Side A CONTRA COSTA COUNTY APPROPRIATION ADJUSTMENT 1. DEPARTMENT OR BUDGET UNIT RESERVED FOR AUDITOR•CONTROLLER•S USE HUMAN RESOURCES AGENCY Card Special Fuad ACCOUNT 2. OBJECT OF EXPENSE OR FIXED ASSET ITEM' Decrease Increase Code Quantity) BudaerUait OS'ect Sub.Acct. CR X IN 661 01 1003 180-2310 Professional 6 Personal Services $1,000 180-2303 Other Travel Employees $1,000 PROOF Comp.- K.P. VER. 3- EXPLANATION OF REQUEST01 IF capital outlay,list items and cost of each) TOTAL - ---- ---- ENTRY To adjust accounts to refect current needs Date Description APPROVED: SIGNATURES DATE AUDITOR- URIG11M, SIGNED Ut CONTROLLER: R L Lc-01a l) JAN 3 177 COUNTY ADMINISTRATOR: BOARD OF SUPERVISORS ORDER: YES: $cr+astsors 2iram,l=ah.irn, scEtukc,BsWcw.Haudum N .Not;a FF$ iy! J. R 4. D" Cloth C. L. Va%a�I`Wter,Direetor T`� Title l Date t' J M 129 Res.2168) +mro p. o. Sae lastroctions on Revers0e Sid0 V �JVv BOARD OF-SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re: Authorizing Investment of County ) Monies' in Local Agency Investment Fund ). RESOLUTION 110. 77/ 107 AS, purs•:-in_ _o Cha-*nr 730 ^.r The 5t3r._es of 1975, Sectian 15129.1 added to the California Govarr,T?nt Code to create a Local Agency Investment Fgnd in the State Treasury for the deposit of money of a local agency for osirposes or irvestment by the State Treasure:-; and WHEREAS, the Board of Seoerriisors does hereby find that the deposit and . withdrawal of money in the Local Agercy Investrent Fund in accordance witF the prcvisions of Section 16429.1 of the Government Code for the pusposes of invest- rnn.nt as stated therein is in the best interests of the County of Contra Costa. NOW, TY.EREFORE, BE IT RESOLVED that the Board of Supervisors does hereby authorize the deposit and withdra-val of County mories in the Local Agency In- vestnent Fund in the State Treasury in accordance with the provisions of Section 1n429.1 of the Goverivent Code for the purpose of investcent as stated therein. BE IT FURTHER RESOLVED that the following County Officers or their successors in office shall be authorized'to order the deposit or withdrawal of monies in the Local Agency Investment Fund: Edward W. Leal, Treasurer-Tax Collector; Alfred P. Lomeli, Assistant Treasurer-Tax Collector; David Dezell31 Investment Supervisor. PASSED AND ADOPTED by the Board of Super-risors of the-County of Contra Costa, State of California, on FebrLa--j 8, 1977 by the following vote: AYES: Supervisors J. P. Xe=iy, 21. C. Fanden, R. I. Sc'_iroder, E. H. Hasseltine and -it. M. Boggess. NOES: Supervisors %one. A3SEiiT: Supervisors Pone. ATTEST: JAMES R_ OLSSO%, Cl zr..Board of of Supe?-.iis.rs Chairran, Board of Supq sors. (� Office of ( ao COUNTY TAX COLLECTOR-TREASURER Contra Costa County r r Rooms 100-101 Finance Building Martinez. California Date: January 26, 1977 To: Contra Costa County Board of Supervisors Attention: Arthur G. Will, County Administrator From: Edward W. Leal Treasurer - Tax Collector Subject: Board Referral, Local Agency Investment Funds 'r. ;r! Your Board Order of January 4, 1977, in the matter of "Local Agency Investment Funds Established by AB 3107", referred to this office, has been reviewed. At the present rates available to the County for some investment periods, the County could receive a better rate of return from the State. We have also reviewed the transfer of funds procedure at the time of investment and withdrawal and find it could be transacted in a timely manner. It is Amy opinion that it would be in the best interests of Contra Costa County to invest some of its funds not required for immediate need in the Local Agency Investment Fund in the State Treasury. It is my recommendation that your Board adopt the attached Resolution authorizing the deposit and withdrawal of County money in the .Local Agency Investment Fund in the State Treasury in accordance with the provision of Section 16429.1 of the Government Code. EWL:dmb attachment :1k.^ofilmed vAth hoard order 00041 ". :� BOARD OF'SUPERVISORS OF CONTRA COSTA-COUNTY, CALIFORNIA Re: Authorizing Investment of County ) Monies in Local Agency Investment Fund } RESOLUTION NO. W EREAi, purss!n t i7 Cita?`gr 7-n ithe Ct3t-tes Cf 1976., S?ctT?n %5a24.1 a'as added to lie California Gov?rnr!ant Code to C-ease a Local Agency lnvestrent Fund in the State Treasury for the deposit rf money of i local agency for ogrposes of irvestment by the State Treasure--; and WHEREAS. the Board of Superviso-s does hereby find that the deposit and t•ithdr3wal of money in the Lncal Agency Investrent Fund in accordance with the prcvisions of Sect;on 15429.1 of the Government Code for the purposes of invest- ment as stated therein is in the best interests of the County of Contra Costa. NX PIEREFORE, BE IT RESOLVED that the Board of Supervisors does hereby �autharize the deposit and withdrawal of County movies in the Local Agency In- vestment Fund in the State Treasury in accordance with the provisions of Section 1ri429..1 of the Government Code for the puroose of investment as stated th_rein. BE IT FURTHER RESOLVED that the frllo-.,iing County Officers or their successors in office shall be authorized to order the deposit or withdrawal of nenies in the Local Agency Investment Fund: Edward :1. Leal, Treasurer-Tax Collector; Alfred P. Lomeli, Assistant Treasurer-Tax Collector; David Dezell, Invests:ent Supervisor. PASSED AND ADOPTED by the Board of Supervisors of the County of Contra Costa, State of California, on February 8, 1477 by the following vote: AYES: Supervisors NOES: Supervisors ABSFff: Supervisors AiTc5T: Jsu*_S R. OLSS01, Cle*-' Roam ni =lf?:e?'Yi'.71'S Chairman, Board of SjJpervTsars c+•wet..j ri�:.�.J _. 311a- 00042 I BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA Re: Abandonment of First ) No. 77/ 108 Avenue South, Pacheco Area ) Date: February 8, 1977 RESOLUTION DENYING ABANDONMENT OF COUNTY ROAD (Streets and Highways Code §959) The Board of Supervisors of Contra Costa County RESOLVES that: On December 21, 1976, this Board passed a Resolution of Inten- tion (No. 76/1117) to abandon the County's interest in First Avenue South, in the Pacheco area, and fixing February 8, 1977, at 10:30 a.m. , in its chambers, Administration Building, 651 Pine Street, Martinez, California, as the time and place for the hearing thereon, and ordered that the Resolution be published and posted as required by law, which was done as shown by affidavits on file with this Board. The hearing was held at that time and place, this Board hearing and duly considering evidence offered concerning the abandonment. Based on this evidence, this Board hereby finds that First Avenue South, a public road dedicated to public use, remains necessary for present and prospective use, and DENIES the abandon- ment request. PASSED February 8, 1977, unanimously by Supervisors present. cc: Pacheco Town Council Planning Commission Public Works Director County Auditor-Controller Contra Costa County Water District Stege Sanitary district of Contra Costa County East Bay Municipal Utility District Oakley County Water District San Pabla- Sanitary District RESOLUTION NO. 77/108 OU"43 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Resolution Calling a Maximum ) Tax Rate Increase Election ) RESOLUTION NO. 77/10� In Drainage Area 290, Oakley ) Area ) (R.&T.C. §§2265 and 2286(a)) The Board of Supervisors of Contra Costa County as the Board of Supervisors of the Contra Costa County Flood Control and Water Conservation District RESOLVES that: The Board of Supervisors, on November 9, 1976, by Resolution No. 76/969, RESOLVED that at 11:30 a.m. on December 7, 1976, the Board would conduct a public hearing on the proposed formation of Drainage Area 290, the adoption of drainage plans for the area, and the proposed maximum tax rate election, and The Board of Supervisors, on November 9, 1976, by Resolution No. 76/969, RESOLVED that the election would be mailed ballots and would be held on January 25, 1977. The Board of Supervisors, on December 7, 1976, by Resolution No. 76/1075, formed Drainage Area 290, ADOPTED the drainage plan, and RESOLVED that the maximum tax rate increase election called by Resolution No. 76/969 would proceed as scheduled. The election was held by mailed ballots on January 25, 1977- No ballots were received by the County. NOW THEREFORE BE IT RESOLVED that pursuant to Revenue and Taxation Code 02265 and 2286(b), a second maximum tax rate election is hereby called for Drainage Area 290. The election shall be by mailed ballot and shall determine whether or not the present maxi- mum tax rate for Drainage Area 290 will be increased from $0.00 per *$100 of assessed valuation (including improvements) to a maximum tax rate of $0.50 per $100 assessed valuation (including improve- ments) for the fiscal year 1977-78 and thereafter until changed as provided by law. Any tax rate levied shall be levied only within said drainage area. BE IT ALSO RESOLVED that, inasmuch as this.Board has received a letter from the owner of all interests in real property located within Drainage Area 290 which waives said owner's rights to notice, publication, time, ballot arguments and impartial issue analysis for this election (see letter, labeled Appendix "A", attached here- to and incorporated herein by this reference) and because the public health and housing needs of this County require the expeditious development of residential property and said owner cannot proceed with his development until the said maximum tax rate is approved, the maximum tax rate election is set for Tuesday, February 22, 1977, two weeks from today. -1- RESOLUTION NO. 77/ 109 • 00044 BE IT ALSO RESOLVED that the County Clerk is hereby AUTHORIZED and DIRECTED to take all steps necessary to conduct said maximum tax rate election. PASSED on February 8, 1977, unanimously by Supervisors present. PJL:g Originating Department: Public Works Land Development " cc: Public Works (4) County Clerk (Elections) Director of Planning f. -2- RESOLUTION NO. ' 77/109 - February 8, 1977 ' Board of Supervisors County of Contra Costa County Administration Building Martinez CA 94553 Dear Sirs: The undersigned declare that they own all interest in the real property located within the boundaries of -Contra Costa County Drainage Area 290. The undersigned also declare that they desire the Board of Supervisors to call a maximum tax rate election by mail ballot for said drainage area so that condition 23(b) of the Conditions of Approval for Subdivision 4454 can be complied with and the final map recorded. In order to allow this election to be conducted as soon as possible the undersigned hereby waive all rights they may now have under §§2285 et seq. of the Revenue and Taxation Code and all provisions of the Elections Code to notice, publication, time, pro and con arguments and impartial analysis of issues in said election. The undersigned make this waiver on the condition that they will be provided with a ballot for said election prior to the date set for it by the Board of Supervisors, and request that said ballot be mailed to Charles Pringle, Route 2, Box 282, W. Brentwood, CA 94513 and that a copy of the letter transmitting the ballot also be mailed to Shoreline Construction Co. . The undersigned promise that they will jointly cast a ballot in this election. By: AL Charles Pringle Capacity WE ARE IN FULL AGREEMENT WITH THE FOREGOING AND CONSENT THERETO. F. B. Stearns Construction Co. "APPENDIX 'A'" 000A C IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Hatter of Approval of ) the Subdivision Agreement for ) RESOLUTION N0.77/110 Subdivision MS 25-76 ) Lafayette Area. ) The following document was presented for Board approval this date: A subdivision agreement with Claude May, d.b.a. May Fools and Construction Company, subdivider, wherein said subdivider agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement; Said document was accompanied by the following: Security to guarantee the completion of road and street improvements as required by Title 9 of the County Ordinance Code, as follows: a. Surety Bond (No. 04-346-2552090) issued by American Fidelity Fire Insurance Company with May Pools and Construction Company as principal, in the amount of $900.00 for Faithful Performance and $1,400.00 for Labor and Materials; . b. Cash deposit (Auditor's Deposit Permit Detail No. 143576, dated January 28, 1977), in the amount of $500.00, deposited by; Claude C. May. NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement is APPROVED. PASSED BY THE BOARD on February 8, 1977. Originating Department: Public Works Land Development Division cc: Public Works Director-LD Director of Planning Claude May, d.b.a. May Pools and Construction'Company 3363 McGraw Lane Lafayette, Calif 94549 RESOLUTION NO. 77/110 OOII47 ■ 1 SUBDIVISION AGREDIENT (§i) Subdivision: HS 25-76 (§1) Subdivider: Claude !t?v d_x (Government Code §§66462 Hay Pools and Conn ru ion rn and §§66463) 01) Effective Date: February 8, 1977 (§1) Completion Period: one year 1. PARTIES 6 DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above named Subdivider, mutually promise and agree as follows, concerning-this subdivision: 2. IMPROVENtENTS. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements . as required by the County Ordinance Code, especially Title 9, and including future amendments, and all improvements required in the improvement plans of this subdivision as reviewed and on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work") within the above completion period from date hereof as required by the California Sub- division Map Act (Government Code 066410 and following), in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the. County Ordinance Code and rulings made thereunder; and where there is a conflict between the improvement plan: and the County Ordinance Code, the stricter requirements shall govern. 3, GUARANTEE. Subdivider guarantees that the work is and-will be free from defects.and will perform satisfactorily in accordance with Article 94-4.4 of the County Ordinance Code; and he shall so guarantee it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. 114PRO19a;ENT SECURIT'i: Upon executing this agreement, Subdivider shall, pursuant to Government Code §§ 66499, deposit as security with the County: A. For Performance and Guarantee: $ 500.00 cash, plus additional security, in the amount of $ 900.00 which together total the estimated cost of the work. Such additional security is presented in the form of: ❑ Cash, certified check, or cashier's check JgAcceptable corporate surety bond ❑Acceptable irrevocable letter of credit With this security the Subdivider guarantees his performance of this agreement and of the work for one year after completion and acceptance thereof against-any defective workman- ship or materials or any unsatisfactory performance. Upon completion of the work, Subdivider may request reduction of the amount of this bond in accordance with County Ordinance. B. For Payment: Security in the amount of $1400-00 which is the estimated cost of the work. -Such security is presented in the form of: ❑Cash, certified check, or cashier's check lg Acceptable corporate surety bond ❑Acceptable irrevocable letter of credit With this security the Subdivider guarantees payment to the contractor, to his subcon- tractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. -1- Microfilmed with board order 00048 S. WARRANIT. Subdivider_warrants that said improvement plans are adequate to accomplish this Werk as promised in Section 2; and if, at any time before the County's resolution of completion for the subdivision, said improvement plans prove to be inadequate in any respect, Subdivider shall make changes necessary to accomplish the work as promised. i 6. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials, or pay- ments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. INDUMITY. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section.- A. ection:A. The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combi- nation of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as completed, and including the defense of any suit(s), action(s) or other pro- .ceeding(s) concerning these. C. The actions causing liability are any act or omission (negligent or non- negligent) in connection with the matters covered by this Agreement and attributable to the Subdivider, contractor, subcontractor or any officer, agent or employee of one or more of them. D. Non-conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or reviewed any plan(s) or specification(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnitee. S. ' COSTS. Subdivider shall pay when due, all the costs of the work, •including inspections thereof and relocating existing utilities required thereby. 9. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. NOATERFODIANCE AND COSTS. If Subdivider fails to complete the work within the time specified in this Agreement or extensions granted, County may proceed'to complete them by contract or otherwise, and Subdivider shall pay the costs and charges therefor immediately upon demand. If County sues to compel performance of this Agreement or recover the cost of completing the work, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 11. ASSIMNIE2.T. If, before County accepts the work, the subdivision is annexed to a city, the County may assign to that city the County's rights under this Agreement and/or any deposit or bond securing them. -2- 0007Z9 - + 12. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Hap or Parcel Map for said Subdivision. CONTRA COSTA COUNTY SUBDIVID (see note be Vernon L. Cline, Public Works Director Claude May d.b.a. May Pools 6 Const ByZ/'_'-�A4 By Deputy (Designate official capacity in the buisiness; RECOMPiENDED FOR APPROVAL: Note to Subdivider; (1) Execute acknowledg-. ment form below; and if a corporation,.affix corporate seal. By Assista ublic Wdrkb Director (CORPORATE SEAL) FORT! APPROVED: JOHN B. CLAUSEN, County Counsel State of Cal}' orn�'a ) (Acknowledgment by Corporation, PartnershM, County of L/7.t l fa �os'a )Ss. or Individual) On JAN 2 7 lilt , the person(s) whose name(s) Ware signed above for Subdivider and who is/are kawon to me to be the Individual(s) and officer(s) or partner(s) as stated above who signed this instrument, personally appeared before me and acknowledged to me that he executed it and that the corporation or partnership named above executed•14. :31" awum�u _ SEAT SEAL) - CUF€ORD P_JOHNSON CDUMTY OF COMMA COSTA C M' uunuunmnunnu Notify PublM for said County and State (Subdiv. Agrmt. CCC Std. Form) LD-9 (Rev 1/77) "NO Bond No. 04-346-2552090 Premium: $70.00 Zr 3, IMPROVEIENIT SECURITY BOND FOR SUBDIVISION AGREEMENT 1 (Performance, Guarantee, and Payment) (Calif. Government Code §§66499-66499.10) 1. OBLIGATION-- May Pools b Construction Co. as Principal, and rtcan Fidelity Fire insurance Company a corporation organise: and existing under the laws of the State of New York and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California, to pay it: ! (A. Performance & Guarantee) NINE HUNDRED AND NO/10 D --- Dollars for itself or an: cit;:-assignee under the below-county subdivision agreement, plus (B. Payment) ONE THOUSAND FOUR HUNDRED AND no/10 Dollars ($ 1,400.-w.. ... .w to secure the claims to which reference is made in Title 15 (commencing with Section 30S2) of Part 4 of Division 3 of the Civil Code of the State of Califor- nia. :! 2. RECITAL OF SUBDIVISION AGREEMENT. The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision Number ms-25-76 , as specified in the Subdivision Agreement; and to complete said work within the time specified 4 for completion in the Subdivision Agreement, all in accordance with State ' and local laws and rulings thereunder in -order to satisfy conditions for. filing of the Final ', ap or Parcel :dap for said Subdivision. 3. CONDITION. i A. The condition of this obligation as to Section 1.(A) above is such that if the above bounded principal, his or its heirs, executors, ad:ninistrators,.successors or assigns, shall in all things stand to and j abide by, and well and truly keep and perform the covenants, conditions it and provisions in the said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the tir..e and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. t As a part of the obligation secured hereby and in addition to the 1 face amount specified therefor, there shall be included costs and reason- able expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, j all to be taxed as costs and included in any judgment rendered. .: B. The condition of this obligation as to Section 1.(B) above is such that said Principal and the undersigned as corporate surety are R held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for -I- 00051 amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein ren- dered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part h of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and con- sent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on January 26. 1977 , t PRINCIPAL SURETY 2 May Pools S Cons ction Co. American.Fidelity Fire Insurance CoMany � - - # # # # # # r # # # # # # # # 3 Robert 1i, Skinner Attorney-in-Fact State of California )ss. (ACIOIOWLEDG.MMIT BY SURETY) County of San Francisco ) , On January 26. 1977 , the person(s) whose name(s) is/are signed i above for Surety and who is/are known to me to be Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he signed the name of the Corporation as Surety and his/ their own name'(s) as its Attorneys)-in-Fact. ,� ■nmmmn,,,nnunnn manw,mn,unttw ;i RIAL SEY�L SFAL C - `� KATHLEEN M. Pay `2 ,co:wrtr ru9UC_CAUOOeftvk _ an wa=UXTV OF SAM ru p;m t "• �"` '••�+'1i•t = Notary Public for County an State aannuuu„n,swtxuwantnap,u,att„t„unn,s (Rev. 2/76) LD-15 j EBli:bw -2- �. �!AlftllFi A' � AMERICAN FIDELITY FIRE INSURANCE COMPANY WOODBURY.NEW YORK _ POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the American Fidelity Fire Insurance Company,a Corporation in the State of New York,having its principal office in Woodbury.State of New York,pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 18th day of February, 1969,to wit: "The President, or any Ya-President, or other offrar designated by the Board Executive Committee shall have authority, severally, to make execute and deliver a power of attorney constituting as Attomey-in-Fact such persons, firms or.corporations as such officers may select from time to time," does hereby make, constitute and appoint ROBERT W. SKINNER of SAN FRANCISCO. CALIFORNIA its true and lawful attomey(s)in-fact, with full power and authority hereby conferred in its name,place and stead, to sign,execute,acknowledge and deliver in its behalf,and as its art and deed,as follows: Any and all bonds and undertakings in an amount not exceeding 550,000.00 as to any one project,for or on behalf of this Company,in its business and in accordance with its charter,and to bind American Fidelity Fire Insurance Company thereby, and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. IN WITNESS WHEREOF,the American Fidelity Farre Insurance Company has caused these presents to be signed by its President and/or Ya-President.and its Corporate Seal to be hereto affixed. AMERICAN FIDELITY FIRE INSURANCE COMPANY Robert J.Kennedy.Vice-President State of New York) )} ss. County of Nassau On this.22nd day of December, 1975,before the subscriber.a Notary Public of the State of New York in and for the County of Nassau duly commissioned and qualified.czne Robert J.Kennedy of the American Fidelity Fire Insurance Co., to me personally known to be the individual and officer described herein,and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sworn.deposed and said,that he is the officer of said Company aforesaid.and that the seal affixed to the preceding itwturnent is the Corporate Seal of said Company,and the said Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.and that the resolution of said Company,referred to in the preceding instrument, is now in fortx IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my official sea!at Woodbury,New York the day and year above written k-�A 6L MAY • Notaryblic _ EUZABETH M.ROSELLE NOTARY PUBLIC.State of New York No.30.8643115 Qualified in Nassau County Commission Expires March 30,1976 State of New York )} ss. County of Nassau CERTIFICATE I,the undersigned,Assistant Secretary of AMERICAN FIDELITY FIRE INSURANCE COMPANY a stock corporation of the State of New York,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been re%oked;and furthermore,that the Resolution of the Board of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the said Company,at Woodbury.New York,dated this26th day of January ,19 77 ♦' • ' Assistant Secretary a NY S 50 (9/6) IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Hatter of Completion ) RESOLUTION NO. 77/111 of improvements and declaring ) certain" roads . as County ) roads , Subdivision 4775, ) Alamo' Area. ) ' The Public .Works Director has notified this Board that improvements have. been completed in Subdivision 4775, Alamo area, as provided in the agreement heretofore approved by this Board; NOW, THEREFORE, BE IT RESOLVED that the improvements in Subdivision 4775 have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4775 August 3, 1976 (American Fidelity Insurance Company - 04-306-1554352 and 04-306-1554853) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Deposit Permit Detail No. 138234 dated July 26, 1976) be RETAINED for one year npursuant to the requirements of Section 94-4.406 of the Ordinance Code. BE IT FURTHER RESOLVED that the widening of Las Trampas Road, a 10 foot Q� .wide strip, as shown and dedicated for public use on the ?tap of Subdivision 4775 filed August 4, 1976, in Book 188 of Haps at page 14, Official Records of Contra Costa County, State of California, is accepted and declared to be a County Road of Contra Costa County. ), PASSED by the Board on February 8, 1977. 1\ Originating Department: Public Vorks Land Development Division cc: Recorder Public Works Director Falender Homes Corp 1885 Oak Park Blvd Pleasant Hill, Calif 94523 RESOLL-TION NO. 77/111 0a051 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Hatter of Completion ) RESOLUTION N0.7 7/112 of improvements and declaring ) certain roads as County ) roads, Subdivision 4173 ) San Ramon Area. ) The Public Works Director has notified this Board that (with the exception of minor deficiencies, for which a $2,000.00 cash bond (Deposit Permit Detail No. 143384, dated January 24, 1977) has been deposited to insure correction of same,) improvements have been completed in Subdivision 4173, San Ramon area, as provided in the agreement heretofore approved by this Board; NOW, THEREFORE, BE IT RESOLVED that the improvements in Subdivision 4173 have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4173 February 22, 1972 (General Insurance Company of America - 732849) BE IT FURTHER RESOLVED that the $500 cash deposit as surety ' � p y (Auditor s Deposit Permit Detail No. 96996 dated February 17, 1972) be RETAINED for one year pursuant to the requirements of Section 94-4.406 of the Ordinance Code. BE IT FURTHER RESOLVED that the hereinafter described roads as shown and dedicated for public use on the map of Subdivision 4173 filed February 22,- 1972 in Book 144 of Maps at Page 1, Official Records of Contra Costa County, State of California are accepted and declared to be County Roads of Contra Costa County: Alta Loma Place 32/52 0.045 Cabrillo Avenue 36/56 0.147 Sedgefield Avenue 36/56 0.032 PASSED BY THE BOARD on February 9,' -1977. Originating Department: Public Works Land Development Division cc: Recorder RESOLUTION NO. 77/112 Public Works Director Albert D- Seeno Construction Co. 3890 Railroad Avenue 00055Pittsburg, Calif 94565 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) RESOLUTION N0. 77/113 of improvements and declaring ) certain roads as County ) roads, Subdivision 4172.- San 172;San Ramon, Area. ) The Public Works Director has notified this Board. that improvements have been completed in Subdivision 4172, San Ramon area, as provided in the agreement heretofore approved by this Board; NOW, THEREFORE, BE IT RESOLVED that the improvements in Subdivision 4172 have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4172 February 22, 1972 (General Insurance Company of America - 732848) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's !� Deposit Permit Detail No. 96996 dated February 17, 1972) be RETAINED for one \ year pursuant to the requirements of Section 94-4.406 of the Ordinance Code. BE IT FURTHER RESOLVED the hereinafter described roads, as shown and dedicated for public use on the map of Subdivision 4172 filed February 22, 1972 in Book 143 of Maps at page 47, excepting therefrom those streets which are covered by the Map of Reversion to Acreage of a portion of Subdivision 4172, Lots 1 thru 18 and 82 thru 86, filed January 20, 1977 in Book 192 of Maps at page 36 and by the Map of Reversion to Acreage of a portion of Subdivision 4172 Lots 19 thru 44, filed January 20, 1977 in Book 192 of Yaps at page 34, Official Records of Contra Costa County, State of California are accepted and declared to be County Roads of Contra Costa County: Westwood Avenue 36/56 0.123 E1 Moliuo Place 32/52 0.037 Davona Drive 40/60 0.101 Yosemite Avenue 36/56 0.118 Sunnybrook Place 32/52 0.050 PASSED by the Board on February 8, 1977. Originating Department: Public Works Land Development Division cc: Recorder Public Works Director Albert D. Seeno Construction 3890 Railroad Avenue Pittsburg, California 94565 RESOLUTION NO. 77/113 Q��CJ IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA. In the Hatter of Completion "RESOLUTION N0.77/114 of improvements, , Land Use Permit 183-71, Danville, Area. The Public V2orks Director has notified this" Board that improvements have been completed in Land Use Permit 183-71, Danville area.; NOW, THEREFORE, BE IT RESOLVED that the improvements in Land Use Permit 183-71 have been completed. . PASSED by the Board on February .8. 1977. a r f Y 3 � 2 Originating Department: Public �•'orlcs Land Development Division . .` cc: Public Works Director Anthony J. Bernardino, M.D. 177 Front Street Danville, Calif Director of F13nninlg RESOLU f lON N0.77/1:L4 00057 When Recorded Return To: Public Works Department Real Property Division 6th Floor, Admin. Bldg. Attn: C. P. Johnson BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA r'N Re: Summary Abandonment and ) (� Conveyance of a Portion of ) RESOLUTION NO. 77h i s Superseded Victory Highway, County S. & H. Nos_ 959.1 Road No. 7182A and Bridgehead Road, County Road No. 76848, Antioch Area. 960.1 & 960.4) The Board of Supervisors of Contra Costa County hereby RESOLVES THAT: Q. Portions of County Roads known as Victory Highway, Road No. 7182A, and Bridgehead Road, Road No. 76848, located in the Antioch area, have been super- seded by relocation. Said relocation did not prohibit access to any property which adjoined the road prior to such relocation. It appears proper that said portions of relocated roads be summarily abandoned as provided in Section 960.1 of the Streets and Highways Code of the State of California. All that portion of said County roads, superseded by relocation and more particularly described in Exhibit W attached hereto and made a part hereof, be and the same are hereby ABANDONED. Pursuant to No. 960.4 of said Code, the Chairman of-the Board of Supervisors is AUTHORIZED and DIRECTED to execute a quitclaim deed for and 0 on behalf of the County to the adjacent owners, Maurice A. and Geneva Lodge. IN, The Clerk of the Board of Supervisors is DIRECTED to cause a certified copy of this resolution to be recorded in the office of the County. Recorder of the County of Contra Costa. PASSED on February 8, 1977 unanimously by the Supervisors present. Originator: Public Works Department, Real Property Division cc: Recorder (via R/P) Director of Planning Public Works Assessor Pacific Gas and Electric Thomas Brother's Maps Pacific Telephone_ E.B.M.U.D. -- Contra Costa County Water Stege Sanitary District Oakley County Water District San Pablo Sanitary District RESOLUTION N0. 77/115 00058 Abandonment Victory Highway #7182A Bridgehead Road #76846 L.U.P. 2018-76 EXHIBIT "A" Portion of PARCEL ONE as said parcel is described in the Relinguishment of Highway Right of way in the County of Contra Costa, Road 04-CC-84-10.3, ' Request No. 40334, recorded May 1, 1975 in Book 7494 of Official Records at page 671, Records of Contra Costa County, California, lying in the northwest 1/4 of Section 22, Township 2 North, Range 2 East, Mount Diablo Base and Meridian, described as follows: Commencing at the most easterly corner of said PARCEL ONE from which a radial line of a non-tangent curve, concave to the northeast having a radius of 170.00 feet, bears North 210 50' 12" East (the bearing North 21° 50' 12" East being taken for the purpose of this description); thence, Northwesterly along said curve and the northeasterly line of said PARCEL ONE, through a central angle of 110 41' 33", an arc distance of 34.69 feet to the true point of beginning of the hereinafter described parcel of land; thence, from said true point of beginning, continuing northwesterly along said curve and northeasterly line of PARCEL ONE, through a central angle of 45° 00' 35", an arc distance of 133.55 feet to a point on a line parallel with and 34.00 feet easterly, measured at right angles, from the centerline of Bridgehead Road; thence, along said parallel line South 0° 59' 33" Nest, 57.00 feet; thence, southeasterly, along a tangent curve, concave to the northeast, having a radius of 50.00 feet, through a central angle of 90' 49' 00", an arc distance of 79.25 feet to a point on a line parallel with and 58.00 feet northerly, measured at right angles, from the west 1/4 line of said Section 22; thence, along said parallel line, South 89' 49' 27" East, 23.86 feet to the true point of beginning. Containing an area of 0.053 acres (2329 square feet) of land more or less. 00059 ;?.F-CORDING REQUESTED 3Y -'CGATRA 'COSTA COUNTY �. AND WHEN RECORDED MAIL TO - f—Public Works Department $acct Real Property Division Address 6th Floor, Admin. Bldg. . . as Martinez, CA 94553 zot` LAttn: C. P. Johnson SPACE ABOVE THIS LINE FOR RECORDER'S USE— MAIL TAX STATEMENTS TO Name Moret Mdress City State Zip Victory Highway No. 7182 A Bridgehead Road No. 7684 8 Ptn. of Assess. No. 37-040-12 TRANSFER TAX S QUITCLAIM DEED (Escrow leo- __) By thisinur maudssed---the_.eighth_day._of..February,._.Lr3ZZ_____-__,forarahrble consideration. CONTRA COSTA COUNTY, a political subdivision of the State of California does_hereby remise,releaseand fom er quitclaim to MAURICE A. LODGE and GENEVA LODGE the follo,•ina described Real Property in the State of Califomia,Cosmty of. Contra Costa_ w city oE __unincorporated DESCRIBED IN THE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. CONTRA COSTA-��1NTY S'a!E:.:CIS`i•«2^.:.1 C 1CaL.:!«.°.:':=t+tS /��' _ -%t �• - -- Chairman, Board of-Supe O !. N. Boggess .• - ................... ATTEST: J R - - -- --- OLSSON, Clerk S.1-817 rk�' -tat� r „VWPUty J=L f.-Mar =� STATE OF CAUFORNIA before me.the undersigned.a Noary Public in and fur.vid SS_ Cotr.•tty and State.persaoally apPeued _ rr COUNTY OF_.-.•- -�— -- -.--.._ -_�laua>ti o to tae to be the rersc.n...__..whose tame__.____-._ s bscn3-d a*the aithin inatruraatr,and atkrtow1eJged to me thAt____hC._esnured the$Arne. _r 'Notary's 4Fn1rue —- - - - —_--- -__-- -— EType or Prin['�wan's `c MAIL TAX STATEMENTS AS DIRECTED ABOV600M Microfilmed with board order 0 v C2 r y t }�� • : j .2Z Z V G V i = 0. . • r �• a- 39 c. cam- ea a� a rj i > '.�� .'� aOZS ,ue v. `c e S po o Y:o s<� e�_ y a-w y e ._ V i.. c3• • Y_OM ei� Z_ • s,•i m •o yew .� s ^ ..•� •_ ;^o • Y V w •ti s .n Ipl Vr• •±� L •� Y»� :ice' •ter •'s •. �y7. ew+. e:.$'u_o•Y ••�••��' • • ,••,£ ff i_�'V£w• •:_. riwi is Yc ewe c<^ • •=w •+, T - c i•eZi• •ii w•e`.•.�.n���in S ��-`•• �•.. �� cs�i c•r E�� p<w ear ��.� ASF. acv r • `odr_ 73ZSr i<a m Vr ea I �> X. <r� i' P� cw ►`� CS ci }� 2�•ii. ��� CrZL iZ• IS E 8 = `►� � S o 3 Z-2 On Co _ cc ` `o `Cc Y r r _ gm W I� g cme d � g NE m F— 0 co <H Oman � 5 t� cm 0 m L •` C1! o �o o co� o :ozo . ^o 0 O If "<cp E•o ooe>O ob�n O=v Geon Sm O oto` o«_.o, 030 -0... Nie c -: -o m c W f= Abandonment Victory Highway 717182A Bridgehead Road #76848 L.U.P. 2013-76 EXHIBIT "A" Portion of PARCEL ONE as said parcel is described in the Relinguishment of Highway Right of Way in the County of Contra Costa, Road 04-CC-84-10.3, Request No. 40334, recorded May 1,1975 in Book 7494 of Officiai Records at page 671, Records of Contra Costa County, California, lying in the northwest 1/4 or Section 22, Township 2 North, Range 2 East, Mount Diablo Base and Meridian, described as follows: Commencing at the most easterly corner of said PARCEL ONE from which a radial line of a non-tangent curve, concave to the northeast having a radius of 170.00 feet, bears North 21' 50' 12" East (the bearing Horth 21' 50' 12" East being taken for the purpose of this description); thence. Northwesterly along said curve and the northeasterly line of said PARCEL ONE, through a central angle of 110 41' 33", an arc distance of 34.69 feet to the true point of beginning of the hereinafter described parcel of land; thence, from said true point of beginning, continuing northwesterly along said curve and northeasterly line of PARCEL ONE, through a central angle of 45° 00' 35", an arc distance of 133.55 feet to a point on a line parallel with and 34.00 feet easterly, measured at right angles, from the centerline of Bridgehead Road; thence, along said parallel line South 00 59' 33" Hest, 57.00 feet; thence, southeasterly, along a tangent curve, concave to the northeast, having a radius of 50.00 feet, through a central angle of 900 49' 00", an arc distance of 79.25 feet to a point on a line parallel with and 58.00 feet northerly, measured at right angles, from the west 1/4 line of said Section 22; thence, along said parallel line, South 89' 49' 27" East, 23.86 feet to the true point of beginning. Containing an area of 0.053 acres (2329 square feet) of land more or fess. OM I IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Making Amended ) Assessments for Division of Parcels ) RESOLUTION HO. 77/126 in Assessment District No. 1964-3 ) (Amador Valley Mater System). ) (S.&H.C. 8733 & 87341 RESOLUTION CONFIRMING AMENDED ASSESSMENT (Parcels 33H-1, 38C-2, 51, 52, 54 & 55) The Board of Supervisors of Contra Costa County RESOLVES THAT: On February 8, 1977, pursuant to Resolution No. 77/_12_, this Board held a hearing on the report and amended assessment for these Parcels in this Assessment District. Notice of this hearing was duly given pursuant to law and that Resolution, by publication as appears from the affidavit filed in the Clerk's office. At the hearing, this Board duly heard and considered all persons protesting and objecting to the proposed amended assessment; and all other matters and things pertaining thereto. This Board hereby ratifies, approves and confirms the said Amended Assessment and Diagram filed with the County Clerk as set forth in the above Resolution. The Clerk of this Board is directed to deliver the said amended assessment to the Public Works Director of this County (Road Commis sioner-Surveyor) with a certificate at the end thereof by the Clerk that it is the amended assessment hereby approved by this Board, together with a certified copy hereof attached to the amended assess- ment. The Public Works Director shall then return to the Clerk the amended assessment with his certificate at the end thereof that it is the amended assessment as approved and confirmed by the Board filed in his office. Thereupon the Clerk shall submit it to the Auditor-Controller, who shall complete the certificate at the end thereof. Finally, the Clerk shall file the amended map or plat in the Office of the County Recorder pursuant to Streets and Highways Code 58734. The amount charged for fees and costs as shown on the amended assess- ment as to-each parcel shall, _If not heretofore paid, be entered ;upon the assessment roil and shall be collected along with the first install- ment of the amended assessment. All such costs and fees shall be deposited in the Court- General Fund. PASSED on February 8, 1977, unanimously by Supervisors present. .Ii:s CC: Public 's•'Cr€:s Director County Auditor-Controller County Assessor County Treasurer _ County Counsel County Administrator.—- __ . . . , 0(03 IN THE BOARD OF SUPERVISORS- - OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA Zr- the Matter of Makin.- Amended ) RESOLUTION 170. 77/'f17 Assessments for Division of Parcels ) in Assessment District No. 1973-4 ) (S.&H.C. 8733 & 8734) (Danville Off-Street Parking). ) RESOLUTION CONFIFMING AMENDED ASSESSMENT (Parcels 17, 27, 33, 34, 41, 42, 81, 82 & 86) The Board of Supervisors of Contra Costa County RESOLVES THAT: On February 8, 1977, pursuant to Resolution Ito. 77/x, this Board held a hearing on the report and amended assessment for these Parcels in this Assessment District. Notice of this hearing was duly given pursuant to law and that Resolution, by publication as appears from the affidavit filed in the Clerk's office. At the hearing, this Board duly heard and considered all persons protesting and objecting to the proposed amended assessment, and all other matters and things pertaining thereto. This Board hereby ratifies, approves and confirms the said Amended Assessment and Diakram filed with the County Clerk as set forth in the above Resolution. Upon the recommendation of its Public Works Director, this Board hereby determines that no costs or fees of making this apportionment shall be levied or collected pursuant to Streets and Highways Code Section 8730 and Resolution No. 69/567 on Parcels 17, 27, 33, 34, 41, 42, 81 and 82. The Clerk of this Board is directed to deliver the said amended assessment to the Public Works Director of this County (Road Com- missioner-Surveyor) with a certificate at the end thereof by the Clerk that it is the amended assessment hereby approved by this Board, together with a certified copy hereof attached to the amended assess- ment. The Public Works Director shall then return to the Clerk the amended assessment with his certificate. at the end thereof that it is the amended assessment as approved and confirmed by the Board filed in his office. -l- RESOLUTTOi: FIO. 77/ 1 7 Finally, the Clerk shall file the amended map or plat in the Office of the County Recorder pursuant to Streets andHighwaysode 58734. The amount charged for fees and costs as shown on the amended assess- ment as to Parcel 86 shall, if not heretofore paid, be entered upon the assessment roll and shall be collected along with the first installment of the amended assessment. All such costs and'fees shall be deposited in the County General Fund. PASSED on February 8, 1977, unanimously by Supervisors present. VJta:s cc: Public Works Director County Auditor-Controller County Assessor County Treasurer County Counsel County.Administrator -2- RESOLUTI,OU NO. 7V_117-'- 00065 1 i BOARD OF SUPERVISORS, CONTRA COSTA.COUNTY, CALIFORNIA 2 3 In re: Condemnation of Property ) for Public Road Purposes, ) RESOLUTION OF NECESSITY 4 Center Avenue Widening, ) NO. 77/--132 5 Pacheco Area ) 6 ) 7 The Board of Supervisors of Contra Costa County, California, by 8 ( vote of two-thirds or more of its members, RESOLVES that: 9 Pursuant to Government Code §25350.5 and Streets and Highways 10 Code §943, the County of Contra Costa intends to widen Center 11 Avenue, a public improvement, and, in connection therewith, acquir 12 an interest in certain real property. 13 The property to be acquired is generally located in the 14 Pacheco area and consists of five (5) parcels adjacent to the pres 15 ent right-of-way for Center Avenue. 16 Said property is more particularly described in Appendix A, 17 ' attached hereto and incorporated herein by this reference. is On January 11, 1977, this Board passed a resolution of in- 19 tention to adopt a resolution of necessity for the acquisition by 20 eminent domain of the property described in Appendix A and fixing 21 February 8, 1977, in its chambers in the Administration Building, 22 '651 Pine Street, Martinez, California as the time and place for 23 the hearing thereon (Resolution No. 77/14). 24 The hearing was held at that time and place, and upon the 25 I evidence presented to it this Board finds, determines and hereby 2E declares the following: 2. 1. The public interest and necessity require the proposed 26 project; 29 2. The proposed project is planned and located in the manner 30 which will be most compatible with the greatest public good and 31 the least private injury; and 32 3. The property described herein is necessary for the pro- 33 posed- project. 34 The County Counsel of this County is hereby AUTHORIZED and 35 EMPOWERED: 36 To acquire in the County's name, by condemnation, the titles, RESOLUTION NO. 77/132 Oil06i . 1 easements and rights-of-way hereinafter described in and to said 2 real property or interest(s) therein, in accordance with the pro- 3 visions for eminent domain in the Code of Civil Procedure and the 4 Constitution of California: All parcels are sought to be' acquired 5 infeen ample, except parcel 5A which is for a slope and drainage ease6 To prepare and prosecute in the County's name such proceed- 7 ings in the proper court as are necessary for such acquisition; 8 and 9 To deposit the probable amount of compensation, based on an to appraisal, and to apply to said court for an order permitting the 11 County to take immediate possession and use said real property 12 for said public uses and purposes. 13 PASSED AND ADOPTED on February 8. 1977 by the following vote: 14 15 AYES: Supervisors - J. P. Kenny, N. C. Fanden, R. I. Schroder, .16 NOES: None E. H.'Hasseltine and W. N. Boggess. 17 ABSENT: None ' 18 19 I HEREBY CERTIFY that the foregoing resolution was duly and 20l regularly introduced, passed and adopted by the vote of two- 21 } thirds or more of the Board of Supervisors of Contra Costa County, 22 ' California, at a meeting of said Board on the date indicated. 23 Dated: February 8, 1977 24 25 26 J. R. OLSSON, County Clerk and ex officio Clerk of the Board 27 of Supervisors of Contra Costa, 28 County, California 29 39 By: 1 , Deputy A. #se#h 31 32 cc: Public Works (RP) Auditor-Controller 33 County Administrator 34 County Counsel 35 36 RESOLUTION NO. 77/132 00U� Center Avenue RKEtVED Pacheco Area FEB 1 1 1911 • COr. • :ryr-.. APPENDIX "A" Those certain parcels of land in.the unincorporated area of the County of Contra Costa, State of California, described as follows: PARCEL 1 Lot 8, Block 5, Map of Hawxhurst Additional Survey, 1863, designated on the map of Pacheco, Map Book E. Page 95, Contra Costa County Records. PARCEL 2 Lot 9, Block 5, Map of Hawxhurst Additional Survey, 1863, designated on the map of Pacheco, Hap Book E, Page 95, Contra Costa County Records. PARCEL 3 Lot 10, Block 5, Map of Hawxhurst Additional Survey, 1863, designated on the map of Pacheco, Map Book E, Page 95, Contra Costa County Records. PARCEL 4 Lot 1, Block 5, Map of Hawxhurst Additional Survey, 1863, designated on the mop of Pacheco, Map Book E, Page 95, Contra Costa County Records. PARCEL 5 Portion of Block 9 of the Hawxhurst Additional Survey, 1863, as said block is shown on the "Map. of Pacheco," filed in 1869 in Book E of Maps, at page 95, Records of Contra Costa County, California, described as follows: Beginning on the southerly line of Center Avenue, formerly High Street, at the northwesterly corner of the parcel of land described in the deed to Ted A. Albro and Leoleon M. Albro, recorded August 23, 1962 in Book 4188 of Official Records, at page 218. Records of said County; thence, from said point of beginning, along said southerly line South 890 41' 46" East, 84.99 feet to the easterly line of said Albro parcel (4188 OR 218); thence, along said easterly line South 0° 18' 14" West, 44.00 feet to a point on a line parallel with and 42.00 feet southerly, measured at right angles, from the proposed center line of Center Avenue as said center line is shown on the map entitled "A Precise Section of the Streets and Highways Plan, Contra Costa County, Center Avenue," filed February 26, 1971 in Book 6326 of Official Records, at page 808, Records of said County; thence, along said parallel line North 89° 41' 46" West, 84.99 feet to the westerly line of said Albro parcel (4188 OR 218); thence, along said westerly line North 0° 18' 14" East, 44.00 feet to the point of beginning. Containing an area of 0.036 acres (3740 square feet) of land, more or less. PARCEL 5-A An eas_ment for roadway slopes and for drainage purposes over the following descri-,::d parcel of land. Portion of said Block 9 of the Hawxhurst Additional Survey, 1863 (E MB 95), described as follows:_ Beginning of the westerly line of said Albro parcel (4188 OR 218) at the southwesterly corner of the hereinbefore described Parcel One; thence, from said point of beginning along said westerly line South 0° 18' 14" West Appendix A to Resolution 77/132 0"S 11.00 -feet; thence, South 88' 28' 53° East, 85.01 feettothe easterly line.of said Albro parcel (4188.OR 218); thence, along said easterly line North'0° 18' 14" East, 13.00 feet to the southerly line of said Parcel One; 'thence,.along said southerly line North 89' 41' 46' West, 84.99 feet to the point of beginning. Containing an area of 0.023 acres (1020 square feet) of land more or less. Bearings and distances used in the above descriptions are based on the California Coordinate System Zone III. To obtain ground distance multiply distances used by 1.0000614. Z k - f - j 1 2 -2- r , 00069 r' �4 IN THE BOARD OF SUPERVISOPS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the flatter of Amending Resolution No. 76/638 Establishing Rates to be RESOLUTION NO. 77/133 Paid to Child Care Institutions WHEREAS this Board on July 27, 1976, adopted Resolution No. 76/638 establishing rates to be paid to child care institutions, for the Fiscal Year 1976-77; and WHEREAS the Board has been advised that adjustments in rates for certain of the institutions are necessary NOW, THEREFORE, BE IT BY THE BOARD RESOLVED that the Resolution Ho. 76/638 is hereby amended as detailed below, effective July 1, 1976, • INCREASE MONTHLY RATE OF THE MONTHLY RATE FOLLOWING PRIVATE INSTITUTION FROM TO . Penny Lane/Sepulveda, CA $868 $939 PASSED and ADOPTED by the Board on February 8, 1977.. *r K Orig: Director, Human Resources Agency CC,. Social Service, H. Hallgren County Probation Officer ,,County Administrator County Auditor -Controller Superintendent of Schools RESOLUTION NO. 77/133 mh 0Q IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Amending Resolution No. 76/638 Establishing Rates to be RESOLUTION NO. 77/134 Paid to Child Care Institutions WHEREAS this Board on July 27, 1976, adopted Resolution No. 76/638 establishing rates to be paid to child care institutions for the Fiscal Year 1976-77; and WHEREAS the Board has been advised that adjustments in - rates for certain of the institutions are necessary; NOW, THEREFORE, BE IT BY THE BOARD RESOLVED that the Resolution No. 76/638 is hereby amended as detailed below, effective July 1, 1976. INCREASE MONTHLY RATE OF THE MONTHLY RATE FOLLOWING PRIVATE INSTITUTIONS: FROM TO California Youth Homes $942 $1009 Circle Y Freedom Ranch/Lancaster- $847 $1009 PASSED and ADOPTED by .the Board on February 8, 1977. Orig: Director, Human Resources Agency cc: Social Service, M. Hallgren County Probation Officer County Administrator County Auditor;Controller Superintendent of Schools RESOLUTION NO. 77/134, mh I� t IN TBE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Changes ) of the Assessment Roll ) of Contra Costa County RESOLUTION NO. 77/13S WHEREAS, the County Assessor having filed with this Board _ f requests for correction of erroneous assessments, said requests i having been consented to by County Counsel; NOW, THERrOFZ, BE, IT RESOLVED that the County Auditor is authorized to correct the following assessments { For the Fiscal Year 1976-77 It has been ascertained from the assessment roll and from papers in the Assessorts Office what was intended and what should have been assessed; and, therefore, pursuant to Revenue and Taxation Code Section 4831, the following defects in .description and/or form and clerical errors of the Assessor on the roll should be corrected. Further, in accordance with Section 4985(a) of the Revenue and Taxation Code, any uncollected delinquent penalty, cost, redemption penalty, interest, or redemption fee heretofore or hereafter attached due to such error should be canceled upon the showinc that payment of the t corrected or additional amount was made within 30 days from the date the correction is entered on the roil or abstract record as it was impossible to complete valid procedures initiated prior to the j delinquency date. On Parcel No. 073-093-016-1, Tax Rate Area 07013, Carrie E. Phillips, et al, was allowed a homeowner's exemption of $1,750 by Board Resolution 76/1020 on November 23, 1976. The veteran's exemption of $1,000 should be removed. On Parcel No. 357-071-022-2, Tax Rate Area 62031, Cecil do Maude Cunha were allowed a homeowner's exemption of $1,750 by Board Resolution 76/1017 on November 23, 1976. The veteran's exemption of $800 should be removed, - on Parcel No. 538-190-008-2, Tax Rate Area 08001, Rosie L. Williams was allowed a homeownerts exemption of $1,505 by Board Resolution 76/1049 on November 30, 1976. The veteran's exemption of $1,000 should be removed. R. 0. SEATUN, Assistant Assessor t/1-19-77 Copy to: Assessor (firs. Rodgers) Auditor Tax Collector Page 1 of 2 RZSOLUTION NO. 77/135 /fir A On Parcel No. 098-313-002-2, Tax Rate Area 79049, John R. 8 Leta L. Zerr were allowed a homeowner's exemption of $1,400 by Board Resolution 76/1050 on november 30, 1976. The veteran's exemption to be removed Was incorrectly stated as $1,000, and should be corrected to $800, j On Parcel No.'09$312-013-0, Tax Rate Area 79049, Dick & Susan L. McLean were erroneously allowed a partial homeowner's exemption of $1,400 by Board Resolution 76/1018 on November 23, 1976• As the claimants were allowed a full homeowner's exemption of $1,750 by a previous Board Resolution, the partial exemption of $1,400 should be canceled. On Parcel No. 373-171-009-7, Tax Rate Area 05005, Pete & Mary Amato were erroneously allowed a homeowner's exemption of $1,400 by Board Resolution 76/1016 on November 23, 1976. It has since been discovered that the claimants have been granted the homeowner's examtion on'other property on which they legally reside. Therefore, the 1,400 homeowner's exemption should be canceled on the above parcel, Assessees have bean notified. I hereby consent to the above changes and/or corrections: R. 0. SEATON, Assistant Assessor JOHN B. IISEN, County Counsel AdFEB 8 1977 Der),by §Wrd on... Page 2 of 2 RESOLUTION NO. 77/I3S 400'73 IN THE BOARD OF SUPERVISORS " OF CONTRA COSTA COMITY, STATE OF CALIFORNIA i In the Fatter of Changes ) of the Assessment Roll ) of Contra Costa County ) RESOLUTION NO- ?7/136 WHERrAS, the County Assessor having filed with this Board requests for correction of erroneous assessments, said requests having been consented to by the County Counsel; ; NOW, THMEFORE, BE IT RESOLVED that the County Auditor is authorized to correct the following assessments: For the Fiscal Year 1976-77 It has been ascertained from the assessment roll and from I papers in the Assessor's Office what was intended and what should have been assessed; and, therefore, pursuant to Revenue and Taxation Code Section 4831, the following defects in description and/or form and clerical errors of the Assessor on the roll should be corrected. Further, in accordance with Section I*985(a) of the Revenue and Taxation Code, any uncollected ;delinquent penalty, cost, redemption penalty, interest, or redemption fee heretofore or hereafter attached due to such error should be canceled upon the showing that payment of the corrected or additional amount was made within 30 days from the date the correction is entered on the roll or abstract record as it was impossible to complete valid procedures initiated prior to the delinquency date. The following claimants have been found to be eligible for the homeowner's property tax exemption in accordance with Section 218 of the Revenue and Taxation Code as amended by AB 2972, Chapter 1060, effective Septamber 20, 1976, as an urgency statute. Because the applications were filed with the Assessor subsequent to April 15, 1970" a partial exemption of $1,400 or 80 percent of the assessed value of the property should be allowed in accordance with Section 275(c) of the Revenue and Taxation Code. Parcel Number Tax Rate Area Allow Assessee 0 5-173-00ff- 070 Po ter, Evelyn C. c/o Pointer,•Allan E. 110-063-001-9 02002 $1100 Ackerman, Stephen R. & Alice E. R. 0. S EATON, Assistant Assessor t/1-26-77 Copy to: Assessor (sirs. Rodgers) Auditor Tax Collector Page 1 of 2 RESOLUTION NO. 77/136 .0W74 Parcel Dumber Tax Rate Area Allow Assesses 402-013-007-8 0 000 rp14OO Boyle, Bertha X. 508-052-0074 06002 $1400 Young, Ray E. & Carol D. 561-232-001-9 08088 $1016 Carter, Maggie On Parcel No. 508-011-004-1, Tax Rate Area 08001, Henry C. & Lillie Cotton should be allowed the homeowner's exemption in the amount of $1,400. The veteran's exemption of $1,000 should be removed. It has been ascertained from papers in the Assessor's Office that pursuant to Revenue and Taxation Code Section 275(c), claimants for the homeowner's property tax exemption who filed a claim subsequent to April 15, 1976, and whoa the Assessor has ascertained to be eligible should be allowed $1,400 or 80 percent of the assessed value of the property, as stated below. Parcel Number Tax Rate Area Allow Assesses 012-062-024-6 10001 1100 Martin, Leopoldo & IIaria 015-260-002-9 72002 1400 Moore, James R. & Carol R. 020-261-001-0 72005 1400 Stoeffler, David H. & Diana H. 030-070-011-9 82006 1400 Caywood, Melvin J. & Grace G. 087-273-009-8 07013 $1400 Rowley, Floyd David & Paula S. c/o Perrin, Randall S. & Cheryl L. 114-310-053-3 02002 $1400 Nielson, Grant L. & Alberta R. 251-240-034-9 14002 1400 Jacobson, David B. & Patricia E. 257-281-017-0 15002 1400 Evans, J. Warren& Lillian B. 3.57-04-008-5 62037 $1400 Marrinan, Terrance A. Harrinan, James A. & Evelyn L. 411-060-017-0 11017 $1400 Moreno, Carlos & Pam J. c/o Niemela, Dale D. & Kathleen D. 514-220-028-5 08001 $1400 Levitch Properties c/o Edward Levich 527-210-021-4 08001 $1400 Lortz, Robert T. & Maxine H. The following assessees are eligible for a continuous homeowner's exemption pursuant to Section 253.5 of the Revenue and Taxation Code. An alteration in the title of the properties during the previous fiscal year prevented the exemptions from being allowed automatically. Parcel dumber Tax Rate Area Allow Assesses 111-045-006-5 02002 $1750 Crepeau, kiadeline C. 413-110-024-2 11006 $1750 Hill, Wanda G. I hereby consent to the above 16&6� changes and/or corrections: R. 0. SEATON, Assistant Assessor JOHVB,., C IISEN, County Counsel By Adopted by the Board on-EPA_,1971.:......... Depu RESOLUTION NO. 77/136 Page 2 of 2 000'�a t IN THE BOAR OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA. In the Matter of Changes ) of the Assessment Roll 77/I37 of Contra Costa County ) RESOLUTION NO. ) WHEREAS, the County Assessor having filed with this Board requests for correction of erroneous assessments, said requests having been consented to by County Counsel; NOW, THEREFORE, BE IT RESOLVED that the County Auditor is i authorized to correct the following assessments For the Fiscal Year 1975-76 It has been determined that the following property would have qualified for an exemption pursuant to Articel XIII, Section 3(f), of the State Constitution. Since the property was acquired after the beginning of the fiscal year but would have qualified for the exemption j had it been owned by the organization on the lien date, any tax or I) penalty or interest shall be canceled or refunded pursuant to Section 271(a)(3) of the Revenue and Taxation Code. Further, in accordance., with Section 4985(a) of the Revenue and Taxation Code, any uncollected delinquent penalty, cost, redemption penalty, interest, or redemption fee heretofore or hereafter attached due to such error should be canceled. On Parcel No. 11,17-042-019-6, Tax Rate Area 11017, Aveco Investments, Inc., c/o HOUSE OF P_3AMR Or NEW BETHEL CHURCH OF GOD IN CHRIST, would have qualified for a church exemption in the mount of 531,375 had the organization been in existence on the lien date. The property became qualified for a pro-rata exemption on April 4s 1976. Therefore, the auditor shall make the appropriate adjustment to the roll. I hereby consent to the above changes and/or corrections: . a-R. 0. SEATON, Assistant Assessor JOHN B. C SEAT, County Counsel t/i-25-77 By i r Adopted by the£card on..FEBed 1917 Copy to: Assessor (2•h-s. Rodgers) Auditor Tax Collector Page 1 of I RESOLUTION N0. 77/137 00076 IN THE HOARD OF SUPERVISORS OF ,CONTRA COSTA COMM, STATE OF CALIFORNIA In the Matter of Cancellation of ) Tax Liens on Property Acquired ) RL.SOLUTION N0. 77/138 by Public Agencies ) WHEREAS, the County Auditor pursuant to Revenue and Taxation Code Section 4986(b) recommends cancellation of a portion of the following tax liens on properties acquired by public agencies; said acquisitions having been verified and taxes prorated accordingly. NOW, THEREFORE, BE IT RESOLVED that pursuant to the above authority and recommendations, the County Auditor cancel these tax liens for year of various FOR YEAR 1976-77 FOR YEAR 1976-77 (cont) CITY OF ANTIOCH CITY OF RICPIVND 068-0111-012-3 1007 Por 105-290-m-7, 8021 All CITY OF PITTSBURG 405-290-013-3 8021 An 089-030-013-0 7013 Por 405-290-OIA-1 8021 An CITY OF CONCORD 41P 405-330-004-4 8021 An ie& YE �991'�Aii 126322-05744 2002 Por FORS 1975-76 CONTRA COSTA COUNTY CITY OF CONCORD 041-050-006-053028 Por 126-113-004-3 2002 All 139-110-005-3 79121 Por STATE OF CALIFORNIA 159-040-022-079138 All 159-MO-014-8 79036 All STATE OF CALIFORNIA FOR YEAR 1974-75 159-080-014-8 79036 All STATE OF CALIFORNIA 159-080-024-8 79036 All .H. DO1;kLD FUNK, County Auditor-Controller By: ! j'tti lr�Ct/�lI d ` Adopted by the Board on ff 8 8 177 . (Tax Cancel' Order) (R&T S4986(b) ) County Auditor 1 County Tax Collector 2 .• (Redemption) (Secured) RESOLUTION NO. 77/138 00077. IN THE BOARD OF SUPERVISORS - OF . CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Cancellation of ) Tax Liens on Property Acquired ) RESOLUTION-NO. 77/139 byPublic Agencies ) VHERBAS, the County Auditor pursuant to Revenue and Taxation Code Section 4986(b) recommends cancellation of a portion of the following tax liens on properties acquired by public agencies; said acquisitions having been verified and taxes prorated accordingly. NOW, THEREFORE, BE IT RESOLVED that pursuant to the above authority and recommendations, the County Auditor cancel these tax liens for year of Various FOR YEARS 1973-74 thru 1976 77 STATE OF CALIFORNIA 098-220-003-2 79132 All .H. DONALD FUNIC, County �Auditor-Controller Adopted by'he Board 06"1. 8 1977 . FEBF (Tax Cancel=- Order) (RST S4986(b) ) County Auditor 1 County Tax Collector 2' . (Redemption) (Secured) RESOLUTION NO. 77/139- 00078 - BOARD OF SUPERVISORS CONTRA COSTA COU..M. STATE OF CALIFORNIA RE: In the Matter of the Cancellation of ) Tax Liens On and Transfer to Unsecured ) RESOLUTIOY �`O. 77/140 Roll of Property Acquired by Public ) Agencies. ) (Rev. F Tax C. S4936(b) and 2921.5) ' Auditor's 14cmo: Pursuant to Revenue and Taxation Code 4936(b) and 2921.5, I recommend cancellation of a portion of the following tax liens and the transfer to the unsecured roll of the remainder of taxes verified and taxes prorated accordingly. I Con .di. DOMLD FUNK, County Auditor-Controller JOI B CLAUSEN, tv ►nsel By.; Deputy The Contra Costa County Board of Supervisors RF.SOLVF LNT: Pursuant to the above authority and recommendation, the-County Auditor shall cancel a ----- portion of these tax liens and transfer the remaining taxes to the 1976 - _ZZ_ & unsecured roll.$ 1974-75; Tax Date of Transfer Remaining Rate Parcel Acquiring Allocation Amount taxes to be Area Number Agency _ of taxes to unsecured Cancelled 5008 162-280-020-7 CITY OF MARTINEZ 7-1-76 to $ 163.41 $ 305.56 (all) U-9-76 S!Fp-yI /ct $l-lQ 4' 9002 178-230-027-9 CITY OF WALNUT CREEK 7-1-76 to x:49' _l,lr81.28. (all) 10-12-76 9d 4 9' G 7?.,a 98010 172-110-012-9 CONTRA COSTA COUNTY 7-1-76 to -15:99--' -676,63' (all) 1-14-77 al7� 4V a 6.7''a �o 98010 172-110-018-6 CONTRA COSTA COUNTY 7-1-76 to 23:TY- 252.o6 (02) 1--14-77 5001 373-102-006-5 CONTRA COSTA GOUTY 7-1-76 to 8.25 387.48 (all) 1-3-77 FOR YEAR 1974-75 7020 085-083-017-5 P�ENCY REIZVELOMM�) ?3a-4 to 39.57 491.55 PASSED XND MOPTZD ON FEB 8 1977 County Auditor 1 by unanimous vote of the County Tax Collector 3 Supervisors present (Secured) (Redemption) (Unsecured) RESOLUTION M. 77/140 000'79• BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the ?fatter of the Cancellation of RESOLUTION NO. 77/141 Delinquent Tax Penalties ) (Rev. 4 Tax C. 4985) AUDITOR'S tM%10: Pursuant to Revenue and Taxation Code 4985, I recommend cancellation of the following uncollected delinquent penalties, costs, redemption penalties, interest, or redemption fees on the assessment roll for the 1976-77 fiscal year. They attached to the properties described by the following-As es ssor's Parcel Numbers or Tax Collector's Bill Numbers due to the Auditor's inability to complete valid procedures initiated prior to the delinquency date. I Cons H. DONALD FUNK, County Auditor-Controller JOHN CLAUSEN, Co my nsel Deputy De uty 1 • f ♦ : t � t � ; : : ► * t ! • : : r • t • s i •: s * ! s 7cancel TheContra Costa County Board of Supervisors RESOLVES THATt to the above authority and recommendation, the County Auditor shathe uncollected, delinquent penalties, costs, redemption penalties, interest, or redemption fees on the properties described by the following Assessor's Parcel Numbers or Tax Collector's Bill ft3bers: 139-110-005-2 195-330-003-3 199-090-003-5 202-0504M-6 202-050-006-4 PASSED AM ADOPTED on FEB 8 1977 cc: County Auditor by unanimous vote of the County Tax Collector (2) Supervisors present County Counsel RESOLUTION NO. 721141 000°" BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the Matter of the Cancellation of.) Uncollected Penalty & Interest On ) RESOLUTION NO. 77/142 Assessment Reduced by Assessment ) Appeals Board/Officer. ) (Rev. & Tax C. 112922.5, 4985) Auditor's memo: Pursuant to Revenue f, Taxation Code.Secs. 2922.5 and 4985, I recommend cancellation from the following assessments on the unsecured roll, of penalties and interest which have attached erroneously because such assessments . were reduced by the Assessment Appeals Board or the Assessment Appeals Hearing Officer. I copse to this cancellation. H. DONALD FUNK, JOHN B L!&EN. County Counsel County Auditor-Controller •r By: ty B �/l'✓Jr�7 y The Contra Costa County Board of Supervisors RESOLVESPursuant to the above authority and recommendation, the County Auditor4sh cancel penalties and interest on the following unsecured assessments: 8001 1016 8001 3557 PASSED AA) ADOPTED on FEB by unanimous vote of the Supervisors present County Auditor 1 County Tax Collector 2 (Unsecured) (Redemption) RESOLUTION NO. :'77/142 • 00081 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA` RESOLUTION NO. 77/143 RE: Rescind Board's Resolution Number 77/26 Relating to ) Parcel 139-180-001 in Code Area 79152 . ) Upon application of the County Auditor for rescission of Board's Resolution relating to transfer of tax lien to the unsecured roll, the Board of Supervisors finds as follows: 1. The Board's Resolution Number 77/26 where tax lien for 1976-76 on . Parcel No. 139-180-Ml was cancelled and transferred to the Unsecured roll was improper because both installments of taxes were paid before valid procedures could be completed by the Auditor's Office. 2. Since both installments have been paid, there are no outstanding . taxes due for 1976-77 . NOW. THEREFORE it is by the Board Ordered that the Board's Resolution Number relating to transfer of tax lien to the 1976-77 unsecured roll on Parcel No. 139-180-001 in Code Area 79152 amounting to $1,703.81 be rescinded. I hereby request the above action: I 4ebysent to the above amendment . JOSEN, CO CO EL 1, �^ By .� Deputy H. OUNAW INK COUNTY AUDITOR-CONTROLLER Adopted by the Board this gtjr4 r*7 T, day of February ,-19IL- cc: County Auditor County Tax Collector (2) County Administrator County Counsel RESOLUTION NO. 77/143 OOOS2 IN THE BOARD OF SUPERVISORS OF Comm COSTA COUNTY, STATE OF CALIFORNIA RESOLUTION NO. 77/144; RE: Rescind Board's Resolution Number 77/26 Relating to ) Parcel 139-180-010 in Code Area 79152 . ) ) Upon application of the County Auditor for rescission of Board's Resolution relating to transfer of tax lien to the unsecured roll, the Board of Supervisors finds as follows: 1, The Board's Resolution Number 77/26 where tax lien for 1976-77 on Parcel No. 139-180-010 was cancelled and transferred to the Unsecured roll was improper because both installments of taxes were paid before valid procedures could be completed by the Auditor's Office. 2, Since both installments have been paid, there are no outstanding taxes due for 1976-77 . NOW, THEREFORE it is by the Board Ordered that the Board's Resolution Number relating to transfer of tax lien to the 1976-77 unsecured roll on Parcel No. 139-180-010 in Code Area ?9152 amounting to$1,259.70 be rescinded. I hereby request the above action: I hereby nsent to the above amendment _. . JOtW LAUSEN, COUM C001SEL By .� Deputy H. ]DONALD-FUNK COUNTY AUDITOR-CONTROLLER 17 Adopted by the Board this 8th day_of FebruaME-k 19 77- cc: County Auditor County Tax Collector(2) County Administrator County Counsel RESOLUTION NO. 77/144 00083 In the Board of Supervisors of Contra Costa County, State of Califomia Int6 Maffw of Application for Funds for the Rape Victim Assistance Project, RESOLUTION NO. 77/145 Office of District Attorney WHEREAS the County of Contra Costa desires to undertake a certain project designated Rape Victim Assistance Project to be funded in part from funds made available through the Omnibus Crime Control and Safe Streets Act of 1968, PL 90-355, as amended PL 91-644 (hereafter referred to as the Safe Streets Act) administered by the State of California, Office of Criminal Justice Planning (hereafter referred to as OCJP) ; NOW, THEREFORE, BE IT RESOLVED that the Chairman of the Contra Costa County Board of Supervisors is authorized, on its behalf, to submit an Application for Grant for Law Enforcement Purposes to OCJP and is authorized to execute on behalf of the County of Contra Costa the Grant Award Contract for law enforce- ment purposes including any extensions or amendments thereof; and BE IT FURTHER RESOLVED that the applicant agrees to provide all matching funds required for said project (including any extension or amendment thereof) under the Safe Streets Act and the rules and regulations of OCJP and the Law Enforcement Assis- tance Administration and that cash will be appropriated as required thereby; and BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant on-going law enforcement expenditures. PASSED AND ADOPTED on February 8, 1977. Orig: District Attorney cc: Criminal Justice Agency 1 of Contra Costa County 1 Attn: George Roemer Executive Dir. County Administrator County Auditor-Controller RESOLUTION NO. 77/145 r H-24 3/7615m 0008.1 OFFICE OF CRIMINAL JUSTICE PLANNING GRANT AWARD The Office of Criminal Justice Planning, hereinafter designated"OCJP", hereby makes a grant award of funds to 1. CW.rrx of CONTRA COSTA hereinafter designated *Subgrantee'. under the provisions of (check one Title 1, Part c , Omnibus Crime Control and Safe Streets Act of 1968 (PL 90-351 ., as amended, herein ter designated "Crime Control Act" (or) ❑ Juvenile Justice and Delinquency Prevention Act of 1974 (PL 93-415), hereinafter designated "Juvenile Justice Act", in the amount and for the purpose and duration set forth in this.grant award. Program Category 2.1.1.4 Minimize Crime Damage 2. Project Title Award No. RAPE VICTIr1 ASSISTANCE 5. A -a 9 30-1_7 7 Grant Period 6, 4/1/77 - 6/30/78 3. Project Director Name, Address, Telephone) Federa ount William A. O'Malley, District Attorney 7. $ 35,000 Contra Costa County State Buy-In Courthouse. 725 Court Street 8, $ 1,944 Martinez, CA 94553 (415) 372-4512 Applicant Hard Matcfi 9, $ 1,944 . 4. Financial Officer Name, Address, Telephone) Other Matc JJ only) H. D. Funk, Auditor-Controller 10. -0- Contra Costa County Total Project Cost Finance Building, 625 Court Street ll. $38,888 Martinez, CA 94553 (415)372-2181 This grant award consists of this title page, the application for the grant which is attached hereto as Attachment A and made a part hereof, and the Standard Grant Award Conditions which are attached hereto as Attachment B and made a part hereof. The Subgrantee hereby signifies its acceptance of this grant award and agrees to administer the grant project in accordance with the terms and conditions set forth in or incorporated by reference in this grant award and the applicable provisions of the Crime Control Act identified above. The Subgran certifies that federal and state funds received will not be used to replace„l2 al fundst would, in the absence of such federal and state aid, be made ava}, fi' labl or the AX tiAty being supported under this agreement. / ��- �� BoqqE e:Bate ” 1977 OFFICE OF CRIMINAL JUSTICE PLANNING, L i Offlcia Authorsto sign for Sulgrantee STATE OF CALIFORNIA Name: KAWT._*1 BOis�S, Chairman n Title: Board of Supervisors, Contra Costa Co. 4 ?t-,�� �!� 'i, -�;;, , _ J?- �►� Telephone: (415) 372-2371 Execut' a �` r` Direc or Aat. p 651 Pine street Martinez CA '� �"M f Address: eeyr;,. f..- -1-- ; a.a / 94553 r6"s c-.ft*o 4 :-+=.;a F-c, D.;wft—t SPECIAL DEPOSIT FUND LEAA, Fiscal Year &=V G` E�J�i A rdffD. -° �IVlkmTiln,W with bud order ,45ChD � 0U08� I hereby certify zqw.. rry own personal, ITEM , .F 13 kr-wZedge that budgeted funds are available for the eriod and pr 'pose of this espersdi- •' ;��' = ;, °f " tore s above. L 5 1977�-li `q' ���' S S• �� '' — FEB r ae . 7171 BarA.tg Cr::e s SPECIAL CONDITION; This award is made and accepted with the understanding that OCJP intends to cooperate-with the Commission on the Status of Women, Department of Health, other state and local governmental agencies and community-based organizations in the development of standards for programs established to supportively serve victims of crimes of sexual assault, and that Subgrantee will undertake such operational and procedural changes as may be necessary to achieve sub- stantial compliance with such standards within a reasonable time following the adoption thereof. t 4 s ' 00086 ■ OFFICE OF CRIMINAL JUSTICE PLANNING PROJECT BUDGET - BUDGET CATEGORY AND LINE ITEM DETAIL COST D. Consultant Services Three Rape Crisis Centers $35,988 Detailed budgets of three centers on pages 12b, 12c, 12d, 12e, 12f. Evaluator 2,500 Coon�tractt with Unsultant to perform - incieppendent evaluation at $b — $1O/hr. TOTAL $38,488 PAGES 6, 7, 8 and 10 are omitted. -9- 00087 OQCE OF CRIMINAL JUSTICE PLANNIO PROJECT BUDGET BUDGET CATEGORY AND LINE ITEM DETAIL COST F. Operating Expenses Rape Kits: 320 kits to be made up including all materials $400 necessary for taking evidence in case of sexual assault. The kits will be distributed to all local hospitals performing these medical evidenciary exams. Cost at $1.25 per unit. TOTAL $.400 PAGES 6, 7, 8 and 10 are omitted. -»- 00083 ACE OF CRIMINAL JUSTICE PLANNI O PROJECT BUDGET BUDGET CATEGORY AND LINE ITEM DETAIL COST G. Equipment NONE CATEGORY TOTAL None 16. PROJECT TOTAL $38.888 17.. FL91D DISTRIBUTION FEDERAL STATE LOCAL a. Amount of Funds (x)$35.000 (b)$1.944 (c) $1.944 b. Percentage of Funds 90 5 5 PAGES 6, 7, 8 and 10 are omitted. -12- 00089 BUDGET SUMMARY FOR GRANT PROJECT* BUDGET CATEGORY FIRST YEAR SECOND YEAR THIRD YEAR Personal Services- Salaries - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Personal Services- Benefits - - - - - - - - - - - - - - - - - - -- - - - - - - - - - -: - - - - - - - Travel - - - - - - - - - - - - - - - - - - - - - - - Travel - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Consultant $ 33,488 $ 72,765 $75,390 Services - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Construction Operating 400 Expenses - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - Equipment - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Equipment TOTAL $ 38,38E $ 72,765 $ 75,390 FUND DISTRIBUTION OF TOTALS $ $ 35,000 $ 65,489 $ 67,851 Federal % 90% 90% D0% State $ $ 1,944 $ 3,638 $ 3,769 g 5% 5$ 5% Local $ $ 1.944 $ 3,638 $ 3,769 8 5% 5% 5$ *See multi-year funding policy- 000W-12a- EA0 COUNTY RAPE CRISIS UNIT subi-contractor to be Los Nadanos College 1 Personnel Services--20 hours per week . • . • • . $6,417 To be paid between $3.50-6/hour Project Coordinator, 15 hours per week Responsible for maintaining project,. relating to other agencies, recruiting volunteer staff, development ofpublic_ information materials, coordinating volunteer and court staff. Educational Liaison, 4 hours per week Trains and coordinates speakers to address public and private groups about sexual assault. Publicizes the services and the general issue. Secretarial-Bookkeeping, 5 hours per creek Typing, filing, tabulation of statistics, etc. Keeps financial records, time cards,. etc. in proper order for the county. *`Tinge Benefits - . • . • • • . • . . • . . • • . • 200 Workers' Compensation and General Liability as required by the county. .Operating Expenses Rent 030/month, in space largely donated.- - 360 Emergency housing fund 170 To rent space for lodging of victimm whose home is unsafe. To be expended as need is evidenced. Office supplies 300 Misc. paper, pens, etc. :Telephone 7=% all tion and monthly costs (030/month) 400 .af done line for crisis and business calls Answering Service, 038.50/month. . . . . . . 462 Services to be bought for screening calls, '?along of business messages, and relaying Qf rris3s calls. . _ Informational packet . . 300 Printing costs for packet to educate •public about-sczual assault_ xO AL. $8,609 -3.2b- DIA10 VALLEY RAPE CRISIS SERVIO _ ;tic Aiablo Valley Rape Crisis Service will. be incorporated by April 1, 1977, and will sub-contract directly with the District Attorney's office. Personnel Services--salary range of $3.50-6/hour. .$ 7,955 Total 36 hours per week, 52 weeks' personnel services Codrdinator/recruiter, 18 hours/week Responsible for maintaining project, relating to other agencies, for recruiting volunteer staff, coordinating volunteers on telephone service, coordinating court services, pub- licity, and development of public infromation materials. Trainer, 6 hours/vieek Plans and carries out initial and in-service training for all staff, and for professionals in the community. Screens all workers. Secretary-Bookkeeper, 6 hours/weep Typing, filing, tabulation of statistics, keeping of financial records, time cards, etc. Will keep books in proper order for county purposes. Fringe Benefits . . . : . . . . . . . . . . . . . 120 Workers' Compensation and General Liability insurance as required by the County. Operating expenses Rent 020/month . . . . . . . . . . . . . . • 240 For office to be located in partly donated space. Token rent to be paid. Office supplies. . . . . . . . . . . 200 24isc. paper, pens, etc. Educational materials and supplies . . . . . 500 Paper, ink, reproduction of material to be used for public education program. Emergency Shelter Fund .. . . . . . . . . . . . . 200 To rent space for lodging of victim whose home is unsafe. To be ex_uended as need is evidenced. Telephone Basic rates, X20/month - - - - - - - - - - - . 240 For cost of telephone expenses of the crisis 24 hour phone line, with some outgoing calls. Answering service, $45/month, local prevailing 540 rate. For screening of calls, taking business messages, and-diversion of crisis calls to volunteer on duty. TOTAL. . . .$ 9,995 - 000921 - -12c- .......... • RAPE COIS CEI3TEit OF :ZEST COIdTRA aTA T}lis Center will be incorporated by April 1, 1977, and will subcontract directly with the District Attorney. The project is currently sponsored.by the Greater Richmond Interfaith Program. Personal Services, range @$3.50-6/hr except as noted below. Coordination, 10 hours/wreck . . . . .$2,860 Responsible for maintaining project, relating to other agencies, recruiting volunteer staff, and development of public information materials. Coordination of D.4 services and volunteers, 10 hrs/i-e:. . 2,860 Responsible for coordination of staff working with DA-in liaison to victims in court process. Schedules volunteers on crisis phone duty, and hospital duty. Education coordination 5t%ours/creek . . . . . 1,870 Trains and coordinates speakers to address public and.private groups about sexual assault. Publicizes the services and the issue. Training, 8 hours/week . . • . . . . • . . . . . • . . . 2,441 Initial and in-service training for volunteer phone staff, for hospital workers, and for court service staff. Plans and carries out training for local professionals. Screens all workers. Consultants . . . . . 500 Funds for expert trainers, and other professionals required for the second year of training for this center. These trainers to be selected and over- seen by the staff trainer. Secretary-bookkeeping, 6 hours/wee,... . . . . . . . . 1;560 Typing, filing, tabulation of statistics, etc. Bookkeeping to be carried on as has been for past year of foundation grant. - Victim services-DA.liaison3,238 Specially selected and trained staff to�be paid' $2.50-3.50/hour for services to victims involved in the court processes. Unlike volunteers who may select a telephone shift at th-air convenience, these staff will be responsible for liaison and court wcrk as it arises during week-days. Modest pay will assure the availability and competency of such staff, deemed otherwise unavailable in West County. Fringe Benefits :lorker's Compensation and Liability as required by the 250 County. Oaeratin¢ Expenses Rent, uc$25 month . . . . . . . 300 Paid to the Community InvolvementCenter for office, working and meeting space, donated in part. Office supplies, -:�'a30/month. . . . . . . . . . . . . . . 360 Educational materials . . 245 Paper, ink, duplication of materials used�for public education program. Telephone Basic costs P$35/month . . . 420 Costs of operation of crisis and business tele- phone, based on part year's costs. Answering Service, )$40/month . . . . . . 480 Based on past year's experience, Richmond Answering Bureau. Calls screened, business messages taken, crisis calls relayed. TOTAL. . . . . . $17,384 -12d- PROJECT BUDGET - DETAIL As each rape crisis center is at a different stage of development, and each has separate programmatic needs and priorities, the budgetary requirements vary somewhat. In general, the following expenses are indicated. All salaries will be between $3.50-$6.00/hour depending upon qualifications required and responsibilities assigned. Average hourly pay to be approximately $5.00/hour. Salaried staff Project coordination - Responsibility for maintaining project, relating to other agencies, recruiting volunteer staff; coordin- ating volunteers on telephone service, coordinating court services, publicity, and development of public information materials. -Training - Planning and carrying out initial training and-in- - - service programs for salaried and volunteer staff, and training workshops for professionals in the community. Carries a major responsibility for screening of all workers_ Training will be carried out, insofar as possible, by appropriate people in the community who can offer the service free to the centers. In some cases, especially where highly technical topics are to be covered, . paid consultants will be required for training sessions. Secretarial - Typing, filing, tabulation of statistics. Bookkeeping - An individual with specific bookkeeping skills may be retained for this responsibility, or it may be carried out as part of the project coordination duties, as is appropriate with each project. Complete and accurate records will be maintained at all times in each case. Operating Expenses Insurance - General liability and workers compensation insurance will be needed for coverage of each center, relieving the county of initial claim exposure. Telephone services - Funds are needed for monthly basic costs and operating costs of the crisis telephone service and other business telephone expenses. An answering service will be paid for 24-hr services in order to screen calls and take appropriate messages. Rent - Office and meeting space is largely donated space, but a token payment towards the rental is required. Office Supplies - Paper, postage, duplication and miscellaneous., Materials - Relatively small but significant sums are needed in order to print and reproduce public education and training, for distribution to groups, and for victim use. Shelter - Occasionally emergency shelter is needed by a victim without local resources. The victim, and perhaps her children as well, need short-term (usually overnight) accommodations away from their home. -12e- �� BUDGET D YELOPt'[ AT PROCESS The development of this proposal package and budget was ed carried out cooperativelproximatey by isis TheCethrees upsain as the sub-contractors descrifour_fivebed herein times during the course the county met aply reviewed their . of the work. During these meetings each group current and projected needs, discussed their stage of develop their goals for the coming year, and the time -required went, progress towards for complete project establishment and/or towards erate s a specific goals. The representatives a�g� a victim request of the Distruestict Aforrnfundsey oKhi hdhasobeen developed assistance. The req the LEAA- is designed to conform to resources available through -3,2f- PROJECT NARRATIVE 18. THE PROBLEM . Rape is one of the ugliest of crimes. Until only recently, it has received little attention, .and society in general has been unwilling- to talk about it. The women's movement and other con- cerned citizens have in more recent years, stimulated increasing concern for victims and discussion o:ffissues. In about 1971 some of the first rape crisis centers in the U.S. were founded more or less simultaneously. These centers often sprang directly from the women's movement. They and ensu- ing centers had generally similar goals: to offer assistance to victims of sexual assault, and to foster social change regarding the issue of rape. The Rape Crisis Center of Hest Contra Costa (RCC of WCC) was the first such center to be established in this county. Until re- cently, any services received by victims residing in this 1county were offered through BAAR (Bay Area Women Against Rape). The RCC grew out of a task force on Aid to Rape Victims of the Greater Richmond Interfaith Program, an ecumenical social action arm of 15 local congregations which was founded in 1966. After numerous months of study and survey of local professionals, the Task Force established the RCC. An informational service opened September 1, 1975, in space donated by the Y.W.C.A. With private contributions and a grant from the San Francisco Foundation, a 24 hour line for crisis services (236-RAPE) was opened for service March 15, 1976. Brookside Hospital donated office and counseling space in May, 1976. August 1, at the request of Brookside Hospital Emergency Department, the RCC began counseling services to all victims of sexual assault seen at the hospital. September 1, the RCC began similar counseling and liaison services in cooperation with the District Attorney's office. In April, 1976 a core of women volunteers from Planned Parenthood, augmented by other citizens, began to meet to dis- cuss the issue of sexual assault in Central Contra Costa' County. Basic study was initially conducted into the problems of sexual 1BAWAR is one of the oldest such centers in the country. It serves victims in Alameda County. BAWAR has been of assist- ancg tD all -similar groups seeking establishment in this county. _ - 00096' A► 0 assault, the services at lac al hospitals (John Muir, Kaiser, and the County Hospital), police and legal procedures. Speak- ing engagements have been filled, and volunteer training has begun. September 27, 1976, a telephone line, 938-RAPE, with a call divester, was opened to facilitate establishment of crisis and victim advocacy services. Initiated by an employee of the Contra Costa Emergency Medical Services, a meeting of concerned citizens of East Contra Costa County was held in June, 1976. This East County Rape Crisis Unit is now conducting the surveys and studies necessary to establish rape crisis services for local residents. In cooperation with Los Madanos College citizen training and medical professional training seminars have been offered. A speakers' bureau is being developed currently. It is an- ticipated that this Unit will begin crisis services in July, 1977. The FBI's category of the three most violent crimes against a person includes forcible rape, murder, and aggravated assault. Of these major crimes, rape is by far the least reported. It is esti- mated by criminologists that only 1 rape in 10 is reported to official agencies. Figures taken from police and sheriffs' de- partments show that approximately 194 forcible rapes were reported in Contra Costa County in 1975. The FBI Uniform Crime Reports show that between 1960-1975 forcible rapes have increased 226.3% nationally. These reports for the City of Richmond alone have increased 44% between 1969-1974. Women of all professions, al.l types of dress, all social classes, and all ethnic groups are raped in all types of places, at all hours, by strangers and acquaintances. Women of all ages are raped, with- somewhat ithsomewhat higher apparent incidence between ages of 10-30. The Queen's Bench Foundation study of sexual assault found victims ranging in age from 6 months to 82 years, while in West County, victims reporting the crime in 1976 have ranged between ages 2-77. Few estimates are even guessed for children who are sexually assaulted. It is clear through available literature, and documented by agency cases, that more children are assaulted than we have been aware of in this country, and that the percentage of such cases which are on official record is even lower than that for adult women who are raped. Rape is a life-threatening, severe, bodily assault, which tends to intimidate and terrify the victim. Due to the violence of the crime, and its severe psychological impact, official agencies. such as police departments, hospitals, and the District Attorney's office, along with citizens' action organizations, recognize the vital nature of crisis and follow-up supportive counseling for victims of sexual assault, their families and friends. Low rates of reporting are due to such factors as embarrassment, guilt, fear, 00097 -14- reluctance to tell others, societal attitudes towards police treatment and hospital protocol, the difficulty of ultimate court trial appearances, etc. Aside from victims' general resistance to reporting the crime, these and other psychological phenomena caused by the trauma of the crisis, tend to make the victim less competent to remember details, to relate them to police authorities, less able to relate certain aspects of the crime, less willing to follow through the entire reporting, evidence-collection, and court aspects of tte procedures. Because such a small percentage of rapes are reported, police difficulties in investigation are increased. T6 other crimes of-a similarly repetitive nature, criminal investigators will have other evidence from crimes with the same "M.O." to assist in locating the offender, and in leading to successful prosecution. This type of evidence is largely unavailable in cases of rape, because the victims have not reported the crime. Agencies have long recognized the desirability of having available supportive services for victims, family and friends. Such counseling allows official representatives to pursue re- quired investigative and evidence-seeking procedures without undue distraction. The counseling further serves the victim who is involved in this reporting process by giving the otherwise unavailable, personal support, by offering information on the chronology of, and reasons for, procedures, and by offering support to friends and family involved. Since it is often the social network of the victim which creates the kinds of pressures that preclude reporting or follow-through, this latter support is vital to the process. Up until the last few years in this county (as well as throughout the country), such victim services were unknown. A victim of sexual assault is faced immediately after the crime, when she (he) is most emotionally distraut, with a number of issues to be resolved. Generally in the absence of social support, she must decide whether to report the crime. If she chooses to do so, she will have dealings with representa- tives of numerous agencies: at least two police officers from each police jurisdiction involved, at least two nurses and one doctor, and at least two judges and two deputy District Attorneys if a trial ensues. This procession of professionals, each of whom requires a repetition of the details about the incident, throughout an often (to the victim) mysterious process, is emotionally trying and fatiguing. As indicated, most victims opt out of this from the beginning by not reporting. Numerous others opt out at other points in the official proceedings. Each of the 194 victims reporting an incident of forcible rape (in Contra Costa County in 1975), her (his) family, and/or perhaps friends, are in need of emotionally supportive, infor- mational and referral services from one agency. It is important 000% that such service be a stable one, representing a constant source of continuous support throughout the various stages of the official processes. The estimated 1,800 non-reporting victims of forcible rape, plus other sexual assault victims, are in need of similarservices during the aftermath of the experience. The community at large remains relatively ignorant concerning the issues and facts about sexual assault. A climate is thereby created which wakes reporting of the crime more difficult and which creates less than the ideally aware jurors. 19. ORGANIZATIONAL QUALIFICATIONS A. The (reporting) victim of sexual assault tends to find herself interfaced with numerous agencies. She may be involved with one police jurisdiction from the area where she was accpsted, another from the location of the assault, and yet another where she was released. She will have an official hospital examination at a nearby facility, with police accompanying her to the hospital to receive the evidence (follow-up medical treatment is a personal responsibility of the victim). The final step in this process, and the only agency with County-wide jurisdiction, is the involvement by the District Attorney's office. Since the D.A. is the only relevent entity with county-wide responsibilities, and since all work on sexual assault cases by police and medical personnel have as their eventual goal the conviction of the assailant through successful prosecution, the D.A.'s office is the one jurisdiction with the most comprehensive understanding of the issues and is the greatest advocate on behalf of the victim. B. The most acceptable model for addressing the issue of sexual assault which has been developed to date is the community rape crisis center. For this reason, and since the D.A. 's office is not in a position to offer comprehensive victim assistance services, this proejct proposes that the Contra Costa County District Attorney's office subcontract (see proposed subcontract) with established rape crisis centers in this county for these services. Three such centers can be identified which provide service in all areas of Contra Costa County: the Rape Crisis Center of Fest Contra Costa, Diablo Valley Rape Crisis Service, and East County Rape Crisis Unit. Each of these non-profit community-based organizations is controlled and operated by local residents. Each- has been estab- lished on the basis of individual citizen and local organization support. . Basic progran development expertise has been offered through older established rape crisis centers in the Bay Area (Bay Area 11oien Against Rape especially), as erell as through locally supportive agencies. These latter agencies have varied for each -16- 00099 i 0 0 Center, though all those who- deal with victims have helped at one time or another. Thos most important supports for each Center have been the Greater Richmond Interfaith Program in best Contra Costa County, Planned Parenthood for Diablo Valley, and Los 5Iadanos College in East Contra Costa County.) The staffing for each center is by local trained organizers. 20. PROJECT OBJECTIVES A. ' To assist the sexual assault victim by improving available services before, during and after justice system contact. B. To encourage and facilitate successful prosecution of rape cases by fostering willingness 'to press charges, and by increasing the quality of evidence from the victim. C. Provide more thorough documentation about sexual assault in this county. 21. METHODOLOGY _ A. The D.A.'s office intends to subcontract the major part of the services described in thisproject. The only service offered directly through the D.A. by virtue of this project will be the provision of ':'gape Kits" to all appropriate hospitals and medical facilities in the County. This "Rape Kit" contains mat- erials for all evidence collection and preparation. It isto be used by examining physicians in gathering evidence to be examined in police laboratories. With the intention of causing improved prosecution rates, the D.A. will subcontract the remainder of the services to local community rape crisis centers. When a rape case comes to the attention of the D.A. 's office, the local center will be notified immediately. The center will be responsible for offering supportive counseling to the victim(s) and family. The worker will accompany the victim(s) throughout the court processes, will be present at all D.A./victim interviews, will interpret the procedures to the victim, and will maintain a liaison between victim and D.A. It is anticipated that these services will address the discomfort felt by victims, and will assist in resolving the conflicts which hinder full involvement of- the criminal justice system in this crime. Rape crisis center involvement can also be expected to provide a con- tinuity to the victim which is not possible by public agencies. The D.A. will be responsible for notifying the center of cases and for keeping the appropriate worker up to date on a specific case. The D. . will consult with centers on the functioning of this -system as it affects rape victims, on how cases should be handled in general, on procedural changes which are needed, and on specific -17- 00100 i handling of cases as appropriate. The DA's office will also provide training to crisis center workers about the legal system and the DAs office. The DA will have a representative as co-chair of the Coordinating Committee (see 19B and 21C) where liaison will be main- tained and communication and decision-making will take place. The Coordinating Committee shall consist of one representative of each center, one of these named co-chair, and a co-chair repre- senting the DA. Issues of concern to any shall be raised at the meetings, and decisions made in the manner dictated by the nature of the issue. The Coordinating Committee will serve the following functions: coordination of this project as a whole communication among centers and DA, set policies which need mutual agreement, set goals, coordinate such programs as training and publicity and fund- raising, and serve as a resource of assistance and information 'to each. B. 1. Personal counselinfor�emotional support. Project objective A can be directly memy�prov3.s�n`or these counseling services. In the past such counseling has not been available, and is only now being established in some areas of this county. Outside of the justice system, or before contact, there is no available service to meet the needs of sexual assault victims, apart from rape crisis centers. Rape crisis centers will provide this service in several ways: a. 24 hour telephone service will be/has been opened to provide immediate telephone counseling to any victim. A minimum of 20 women taking rotating shifts are needed for this coverage. Administrative staff time will be needed for recruitment, training, screening, and coordination of this staff. b. Provision of women who will meet to counsel with, or to accompany a victim. The accompanyment may be during official procedures crfor alternative services. This is generally handled by the same staff as in (a). c. Provision of counselors, to be involved as appropri- ate in each case, for follow-up work with the victim as well as those in her personal social network. These counselors can include the above staff, but should also include men counselors. This followup work also requires use of extensive information-giving, as well as referral resources, including professional counselors available for complex and compounded cases. Each community rape crisis center will be responsible for development of such resources, for any in- vestigation or training needed to assure quality services, and evaluation of all referral services. This will require work by those actually involved in the follow-up services on any particular case, as well as some involvement by project administrative staff. From time to time some work will be needed to develop a resource _18_ 00101 0 previously unavailable. This will be carried out by administrative staff. The availability of personal counseling is also expected to meet Objective B, in part. Through the counseling process, with its accompanying information about alternatives, a victim will have a fuller understanding about the effects of each possible choice. As she thus becomes familiar with what to expect from the justice system, and is disabused of unrealistic perceptions, it is expected that she will more frequently choose to press charges, and cooperate with the prosecution process. insofar as the counseling serves to calm the victim and helps her to deal with her emotions, and insofar as it provides her with technical information, it is expected that both material and testimonial evidence will improve. 2. In order to increase the prosecution rate, and in order to improve victim treatment, there are several areas of police/rape crisis center cooperation which need to be developed. The District Attorney has indicated interest in assisting this process. Mutual training exchanges would serve to enlighten both local officers and local community workers about the concerns of each. Early crisis worker entry into a case would facilitate the information gathering process by police. Therefore, police initiation of contact with the local center is indicated. In order to provide information about unreported rapes, which may assist in clearing reported cases, methods for rape crisis centers to make Third Party Reports need to be developed locally. Such reports would give police and other officials a more accurate picture of the incidence of the crime, while still maintaining the anonymity and non-involvement of the victim. Policy decisions by police, crisis centers, medical agencies, and the District Attorney need to be made with the involvement of the other agencies. 3. This project will further seek to meet objective B. through a program of community education. This educational effort should have an indirect a upon rate of reporting, the quality of evidence, and the level of understanding of jurors. a. Speaker's bureaus kill be/have been established. Engagements will be sought where speakers can educate the public about issues surrounding sexual assault. b. Written materials about all aspects of sexual assault, and bibliographies, will be available to the community. These will be distributed upon request, to those targeted by the crisis center, and to those present at speaking engagements. i -19- OOld2 .c. An ongoing public media campaign will be carried out through local newspapers, organizations' newsletters, radio and television. The purpose of this campaign is to inform the public _of the existence of these services, as well as to educate . about the issues. A major share of this educational program will be carried out by administrative and clerical staff. The speakers' bureau will combine administrative staff talents with those of women (and men) recruited and trained specifically for this program. The area of police/rape crisis center cooperation in community education will need development during the grant year. It will be desirable for representatives of each to participate in .public ' presentations in order to offer a balance, to provide the flow of information among community agency-police-public, and to offer the public a realistic appraisal of police and police procedures. It is hoped that such closer acquaintance with police officers will have the effect of increased numbers of victims feeling comfortable enough to report the crime, along with the other routine expectations of a public education program (such as improved evidence, knowledge of self-protection, etc.). 4. The records kept by all parties to this project will provide more complete and accessible documentation about sexual assault than has been heretofore available. It is anticipated that this information will indicate several additional areas of project concentration for the succeeding two years, including that of the sexual assault of children. 001W -20- Q d 00 Vd o � , d aseri SIS 44 ,,pe : Ll es 44d joeg the te�� Beide y�y v� ce aftterla a1i be a ° 4 -ri Aid 4 �" t t m A .90 L12 0 m a 4P 4 00 ct. $4 � . s�• v m a w 0 H l H r4-0 3 �00 �d . n 4 � ' 043 A �!a `�000 ass.° N W 1' w �'� W d 1, a � spa m 0to 0 a a ¢. ti .�4 o a 11�4 1 r^j' 0 21. D. & E. A wide range of community resources will be used in� carrying out this project. Some of them, such as the hospitals, police jurisdictions, the D.A. and the rape crisis centers will - be •necessarily closely linked in this cooperative effort. Others, such as public and private mental health/counseling agencies, women's shelters, Planned Parenthood, the Bar Association, etc., will be used as referral resources. Still others, such as women's centers, rap groups, etc. , may receive some programmatic support in order that they may better serve victims. This pro- grammatic support will most likely entail organizational advice, training, and publicity. Cooperation has already been established with many of the appropriate public and private -agencies: F. The aim of this project is to assure services where, and because, few are currently available. In the past a few victims have found services with Bay Area Women Against Rape, which serves Alameda County. Some victims may continue to receive some initial services through local crisis switchboards (such as Suicide Prevention, the Care Center, East County Resource Center, or the new Hotline in West County). These services are - extremely general telephone services only, without advocacy and follow-up components. G. Comprehensive training about sexual assault will be given to all staff, with training coordination and some consul- tant time provided with project funds. This training will include such topics as: survey of literature on rape and other sexual assault, general counseling techniques, creative listening, psychology, family dynamics, police, hospital and court pro- cedures and problems, prevention and deterrence, speaking techniques, child assault, incest, social and sexual re-adjustment after rape, etc. (See appendix A for outlines of training pro- grams already in use.) Each staff member will be carefully selected and screened for participation in the various aspects of the project. This will insure appropriateness of assignments and adequate preparation for each phase. 22. WORK SCHEDULE As described in the narrative, many activities will be carried out as part of the ongoing program. . These include: telephone and in-person counseling with victims, liaison with local police departments, accompanying victims to court (after start up date indicated for each group), services to victims seen at the hospital, counseling of victims' families and friends, information and referrals, public education projects, and pro- gram development. New activities currently projected are listed on the following timetable. N.B. Financial and evaluative progress reports are not noted on this timetable, but will be made on a continuing basis monthly and quarterly, as appro- priate. -22- 0010 22. 19?? April West CC - alternative medical treatment developed for non reporting victims Diablo - preliminary package of educational materials available prepared to give victim assistance during hospital procedures Coordinating Committee meets May Test CC - publicity campaign in northern areas finalization of project procedures for RCC & DA - victim assistance in court Diablo - prepared for victim assistance during police procedures East CC - develop speakers' bureau + develop training and recruitment programs June Coordinating Committee meets Diablo - full package of educational materials available East CC - develop educational materials for public July East CC - open crisis telephone service develop advocacy services develop referral listings •prepared to accompany victim for hospital procedures August Diablo - prepared to give victim assistance during legal -proceedings- Coordinating Cor-cnittee (Aug. or Sept.) -23- 00106 September West CC - conduct seminar for gynecologists and pediatricians Diablo - begin participation in DA victim assistance project East CC - prepared to accompany victim to police procedures October- East CC - prepared to accompany victim for court procedures Coordinating Committee meets November West CC - 3rd seminar for professional counselors East CC - begin participation in DA victim assistance project December - Coordinating Committee meets 1978 January February Coordinating Committee meets March April Coordinating Committee meets " May Final Report 23. MANAGEI4ENT RECORDS 1. Records will be kept of the following services through the educational program: 1. Number and type of public speaking engagements 2. Number, approximate age range, and sex of those hearing speaker 3. Articles published by local media about services, and those of an educational nature 4. Other media involvements -24- 00107 0 . 0 The following records of victim services will be maintained: 1. Type of referrals requested and made 2. Type of information requested 3. Type of direct service given: Counseling advocacy during medical procedures advocacy during police procedures advocacy during legal procedures D.A. preliminary hearing court 4. Any third party reporting of crime 5. Judgments will be made by crisis workers/advocates regarding whether their intervention has impacted the justice system 1. If the woman reported due to support of worker 2. If the woman sought medical evidenciary exam due to support of worker 3. - If evidence was maintained or if additional evidence was available due to involvement of worker 4. If victim was better witness due to rape crisis center involvement 2. Records will be kept of all available information about clientele. Statistics will be tabulated in areas listed below, for reporting to the Criminal Justice Agency. Absolute confidentiality will be maintained at all times by the local workers concerning identity of victims and callers. Any such identifying material will not be available under any circumstances. 1. Age, race, sex of victim 2. Age, race, sex and number of assailant(s) 3. Whether victim reports, does not report, or requests a third party reporting of crime 4. Relationship of victim and rapist 5. Time and place of assault (geographic and type of place) 6. Type of assault 7. Reasons for not reporting 8. Type of violence used Each sub-contractor will maintain these funds in a separate checking account. All invoices, purchase orders, time cards, etc., will be maintained as required by the Fiscal Affairs manual. 4. As above, under services rendered. 5. -The total number of paid staff (from all funding sources, including this one) and unpaid staff hours will be available. 001no -25- VO A 24. PROJECT ASSESSMENT (EVALUATION) DESIGN A. Method for measurement of the achievement of project objec- tives: 1. The improvement of services available to the victim of sexual assault resulting from the project will be determined by means of systematic observation of services rendered by project rape crisis centers and by a comparison of amounts and types of services available to victims in affected areas prior to and after the project is initiated. Interviews of sexual assault victims receiving project services will provide information- on victim evaluations of project services. An attempt will be made to deter- mine the- adequacy of project supplied services in relation to the total needs of victims of sexual assault. 2. Increased willingness of victims to press charges will be assessed by comparing pre- and post-project rates of pressing charges. The comparative quality of evidence supplied to prose- cutors by victims, pre- and post-project, will be determined by interviews with attorneys in the District Attorney's Office. Con- viction rates for sexual assault offenders; pre- and post-project, will also be used as indicators of the quality of victim evidence provided. (It is recognized, however, that conviction rates are influenced by a number of other factors besides the quality of victim evidence.) 3. Pre- and post-project levels of documentation about the crime of sexual assault in Contra Costa County will be com- pared by identifying pre- and post-project documentation in the D.A. 's Office and community rape crisis centers. Further, the evaluator will attempt to analyze the available documentation on sexual assault in the County and develop a fairly comprehensive . description of the problem and the criminal justice -system and community agency response to the problem. B. See "23" on Management Records and "24A" above for data useful to the project assessment. C. Subcontracting community rape crisis center clerical staff will keep the management records that will provide the basic data for the evaluation. The analysis and compilation of data from the management records and statistics will be performed by the project evaluation consultant. Additional observational and interview data will also be collected by the evaluation consultant. D. See "23" on Management Records for a description of the types of record keeping applicant will maintain for the collection and analysis of data for the project assessment. E. The assessment (evaluation) will be performed by an inde- pendent professional consultant engaged under contract with the project (see also "24C") . Clerical personnel of each subcontracting community rape crisis center will maintain basic records concerning clients, disposition, and project activities which will be analyzed as part of the assessment. 00109 -26- 25. FUTURE FUNDING In 1975 the National Institute for Mental Health was funded through an Act of Congress to establish a National Center for Control and Prevention of Rape. Funds are currently .being made available through this Center for research and demonstration projects on sexual assault and victim assistance. It has been anticipated since the passage of this act that after this basic research and development period, a companion measure will provide funding through this Center for victim assistance by official agencies- and community crisis centers. The coming Congress is expected to begin work on this matter. We anticipate that the availability of such funds is probably 2 years in the future. Until such funds are provided, there are a number of alterna- tives open. We anticipate increasing use of the local community college for training and consultation. As all aspects of our program pass beyond initial organization stages, we expect to solicit greatly increased community financial support. We also anticipate support from private foundations for specific areas of our program: such as family services, care of child victims, and educational programs. - -��- 00110 rl y J S� 1 i _ r fs i �x is x , AN 4 r w t ,;z, Appendix A r e n i 3 i x a � r rini fi t" S `"1 +sY � S4 K, o- � ..s#a� '�• y7 �x��� ��r Y. .x ^ �fydit u r � Y - _ •. W S rt � + 1 � � 4 S 9 r , ® 6'c:r C....ty Rip• C.��;� u.;t Course Outline 1. Introduction A. Course Objective 1. &mc:' r-rocedures: f liarize 3hk1en is. itti ,0Uce, : umtical, Dir ict Attorne., and --cart trccedurev in dealing vzth the urine of rape: 2. Cri3ls comselli :,tui- of rade .cases and role . plaring to familiarize students w1t1h =blew. cf tie .. . rare vi-tim and tech students hoe to deal -ith them. B. Advacatn ^czmaalor Functions 1. CmmseLiag 2. Infornaticn.Source C. Beadings 1. 'tape: Victkm of Crisis, Rro ss mI.Eosastrm.. 2. The Po -ticsof R a_pe, .rr33e71 Il. tiedical Prccedures A. Eospital. Protocol B. Bare =videsare Bit C. Pregrnn^y and Venereal Disease ^eating III. Police Procedures i. -Initial al '.sport B. Svidence Cage.ing C. Investigative ger-ort. Victia's statement D. Follow Up IV. -District tt(mW/Court Frocedures .. . Pre=ainar -.:beVMstrict Attorney B. Ihm cipal Coi:rt: PreL_.,inary 'I.ea,•_ag C. Shnerior Court: - 1. ?rraiv=ent 2. a'Srial. V. 3.Tamaches to ^a_..selli.'�g A. Participant Observation:n: 'r tt••a records B. 2hnctiaa2l and sTjsfhnct;oral CatiOII __.C. implicit and Imn2iait G= nicatioa D. Pcal mmoach E. The Process: handling crisis calls V.T. Dole P.Jaainr;: fardli:rizatica aitth variety of.reae:.cri i. z calls and hel-)irg techniques VI:. iyths and .pacts.of Rwe :. ..: • �` 00112 1�1 .. RAPE CRI"'.. CENTER OF WEST CONTRA C�A G Training Program The Rape Criss Center is an agency of trained volunteers..Recruit- ment, screenipg. preservice and inservice training of these volunteers are key functions of the agency. The preservice training course includes 30 hours of classroom work, entailing lectures by the staff and -outside professionals and role playing, covering the dynamics of rape. crisis intervention counseling. telephone crisis counseling. in-hospital counseling. family counseling, victim assistance andcounseling during legal processes, and community resources. Monthly inservice training meetings include discussion ,of,difficult cases, readings. skill development and outside speakers. Course Description This course is designed to train volunteers to provide effective emotional support and immediate counseling services to the victims of sexual assault by telephone switchboard. in-hospital, and throughout all legal procedures. Required textbook: Burgess. A. W. and Holmstrom, L. L. : Rape: Victims . of Crisis. 1974, Robert J. Brady Company. Main Objectives I. . Develop sensitivity to sexual assault victims. A. History and policies of the Rape Crisis Center of WCC. B. Knowledge of myths about rape. - • C. Legal definitions of rape and sexual assault. D. Knowledge•of rapist and patterns of .sexual assault. E. Knowledge of the victim and some situational patterns. F. Statistics concerning incidence of the crime. II. Understanding the emotional impact of sexual assault as it *affects - the victims, their families. friends and life .situations. A. Review general psychology. B. Knowledge of normal and abnormal human sexual behavior. 1. Incest C. Discussion of sexual assault as crisis. D. Knowledge of crisis intervention techniques. E. Knowledge of listening and communication skills. F. Exploring victims needs. G. Exploring family and/or friends needs. III. Define and promote effective functioning in role of volunteer counselor. A. Knowledge of volunteers specific duties at Brookside Emergency Hospital. 1. Know protocol for RCC telephone contact byr hospital. 2._ Volunteers role in exam room. 3. Volunteers role during police questioning. 4_ Volunteers role as counselor. 3. Follow-up counseling. '3. Yzv iding empathy vs. sympathy. X. -Discussion of confidentiality. D. Record keeping and liability. B~ ..Discussion of volunteer limitations and referral to professional psychiatric resources. IV Understanding of the physical aspect of victims assault related injuries. A. Knowledge of Rape Trauma Syndrome: adult/child and family somatic, emotional. and behavioral reactions to rape. A-_ 00113 0 B. Knowledge of protocol for physical exam at hospital. 1.. Evidence collection 2. Forms C. General review of anatomy and physiology (female). D. Discussion of the Y.D. treatment and follow visits. E. . Discussion of pregnancy control methods. V. Provide knowledge of resources for services available to victims outside realm of counseling. A. Discussion of compensation available to victims of violent crimes. B. Knowledge of housing referrals. C. Knowledge of child care referrals. D. Knowledge of private physician and clinics. E. Knowledge of RCC referral system. F. Knowledge of community support systems. G.. Assessment of feedback information on referrals. VI. Knowledge of law enforcement and law processes relevant to the prosecution of sex crimes. A. . Police process. responsibilities. B. D.A.•s role and responsibilities. l. . Felony filing 2. Arraigrunent 3. Bail - O.R. 4. Preliminary Hearing 5. Pretrial Conference 6. Trial 7. Probation 8. Victim rights C. Related problems and impact on the victim. 00114 A-3 ® December 1976 COUSHLOR TRAII2THG DIABLO VALLEY RAPE CRIS2 . .MVIC-E Each person is expected to attend 24 hrs.' of training in order to be able to answer the telephone switchboard and counsel rape victims. She must also attend at least two meetings monthly after that. to keep informed as to new and relevant information. The topics that will be covered, during the training period are: 1. The background and philosophy of the Diablo Valley Rape Crisis Service. 2. 11yths and stereotypes regarding rape and what the facts _ really are. 3. Different reactions of the rape victim, Now will you react to different situations ? Can you handle it? 4. How to answer the telephone. Role playing. 5. Information on the local police departments and the sheriff department. 6. - The medical aspects of rape. Hospital procedures. What. the victim can expect during a medical exam and what to do after the initial visit. 7. Our community resources. When should a victim be referred for further counseling? _ B. Child victims of rape, incest and abuse. 9. How the District Attorney's office functions. The legal aspects of rape and what chances have occurred. 10. Different types of rape calls ( recent - long ago). Face- to-face encounters. 11. Termination, future contact, and rape rap groups. 12. Self-defense and safety procedures. The goal of the Diablo Valley Rane Crisis Service's Counselor Training is to give the trainee a full backbround on the facts concerning rape. With the complete information and practical techniques for counselin ,the trainee will then be able to be of help to the victims of rape. A-4 00115 Ire Board of Supervisors of �/ Contra Costa County, State of California to do Aeoeay Of Application for Funds for the Rape victim Assistance Project. RESOLUTION NO. 77/145 Office of District Attorney iMMMAS the County of contra Costa desires to undertake. a certain project designated Rape Victim Assistance Project to be funded in part from funds made available through the Omnibus Crime Control and Safe Streets Act of 1968, PL 90-355, as amended PL 91-654 (hereafter referred to as the Safe Streets Act) administered by the State of California, Office of Criminal Justice Planning (hereafter referred to as oCJP); NW, TMMM-ORE, HE IT RESOLVED that the Chairman of the Contra Costa County Hoard of Supervisors is authorized, on its . behalf, to submit an Application for Grant for Lav Enforcement purposes to OCJP and is authorized to execute on behalf of the comity of Contra Costa the Grant Award Contract for lav enforce- stent Purposes including any extensions or amendments thereof;.and HE IT FURTHER RESOLVED that the applicant agrees to provide" & matebing funds required for said project (including any . extension or --ndmen thereof) under the Safe Streets Act and the rules and regulations of OCJP and the Law Enfoicement Assis- tance Ra,;nictratioa and that cash will be appropriateC .a requited thereby: and HE IT F[ RESOLVED that grant funds received hereunder ab-11 not be used to supplant on-going lav enforcement expenditures. PASSED AVID ADOPTED on February-8, 19n- a23mm C9PY ' I eaf ikat Mb b a twx tree t eeereet copy of Ye oAWN dm=mt whkh is on M.to or otthe, sad tent eg—gassed f e407tW ey tee Board of et�s.t ATTEST:i.it.o loom caanur ' CIO*!esotAeb Cluk of eatd Board et IIopanbare• . • - nepgas c tt� - _ - m Qr3g_ -District Attorney . x= _Cx1xiinal Justice Agency cf Contra Costa County JLtta: George Roemer Executive Dir. ...•fity Admini StratOr . # City Anditor-Controller RESOLUTIOA NO. 77/145 0116 ATTACHMENTS �--' CALIFORNIA COUNCIL ON CRIMINAL JUSTICE &t. Standard Grant Award Conditions 1.General A. Subgrantee agrees that the funds awarded pursuant to this grant award will be used in accordance with all the terms and conditions set forth in or incorporated by reference in:(1)this grant award(which includes the title page, the application for the grant which is attached hereto as Attachment A and made a part hereof,and these Standard Grant Award Conditions which are attached hereto as Attachment B and made a part hereof); (2) the CCCJ Fiscal Affairs Manual, as amended from time to time, which is hereby incorporated in these-Grant Conditions;and(3)the Safe Streets Act. -t B. Subgrantee agrees that funds awarded pursuant to this grant award will be used to supplement and not to supplant funds otherwise made available for law enforcement purposes,and to the extent possible,will be used to increase such funds. C. Subgrantee agrees to make available and to expend from non-federal sources adequate resources to meet the matching requirements specified in the Safe Streets Act in accordance with the applicable regulations and requirements of the Law Enforcement Assistance Administration,hereinafter designated"LEAA". D. Subgrantee understands that the award of this grant in no way assures or implies continuation of funding beyond the grant period indicated in this grant award. 2.Delay in Initiating Project. If the project has not been initiated and operated in accordance with this grant award within 60 days after the commencement date of this grant award,the Subgrantee shall submit a written report,no later than 10 days after the expiration of said 60d3y period,to CCCJ indicating the steps taken to initiate the project,the reasons for the delay and the expected starting date. If the project is not fully operating in accordance with the terms of this grant award within 90 days after the commencement date of the grant period,the Subgrantee shall submit a further written report,within 10 days after the expiration of said 90-day period,to CCC!describing the delay in project implementation,at which time CCCJ may cancel the project and redistribute the grant award funds to other project areas.The CCCJ, where warranted by extenuating circumstances,may request approval from the LEAA Regional Office to extend the implementation date of the project past the 90-day period. If any such report is not filed with CCCJ by the Subgrantee when due,this grant award shall be terminated upon 10 days written notice to the project director.No extensions of these periods will be granted and no reports will be permitted to be filed after the period has expired. 3. Evaluation of Prior Year Funding. If the project to be conducted under this grant award or any portion thereof has been conducted with funds granted by CCC!or LEAA during any period prior to the date of this grant award, a formal evaluation of the project or the applicable portion thereof for any such prior period must be prepared and filed with CCCJ no later than 90 days after the date of this grant award.This evaluation must be written,complete,accurate and must be satisfactory to CCCJ in its sole discretion.If no written evaluation for said prior period is filed with CCCJ within 90 days after the date of this grant award,this grant award shall be terminated upon 10 days written notice to the project director.No extensions of said 90-day period will be granted and no evaluations will be permitted to be filed after said period has expired.If a written evaluation for said prior period is filed with CCCJ no later than 90 days after the date of this grant award,the evaluation will be reviewed by CCCJ.CCCJ stall determine in its sok discretion whether or not the evaluation is satisfactory. This determination shalt be made no later than 160 days after the date of this grant award.If CCCJ determines that this evaluation is not satisfactory,this grant award shall be terminated upon 10 days written notice to the project director. 00117 Rev.8/15/73 4.Operation Reports- Th-s grant award is made upon the express condition,in addition to all other terms and conditions contained herein,that the Subgrantee will subunit promptly when due to CCCJ the following reports: (a) A quarterly report of the operation of the ;roject for each tlhree months of the project,in,:luding any extension of this award,beginning with the first month designated in the"Grant Period".Each such quarterly report will be filed on or before the tenth day after the end of each three-month period.If the period Covered by the final quarterly report is less than three months,the final quarterfy report will be filed by the Subgrantee on or before the tenth day after the and of said final period.(b)A final report on or before the 90th day alter the completion of the project, including any extension of this grant award,covering the entire period of the project.(c)Such additional reports in such form and containing such information as either CCCJ or LEAA may reasonably require. Each quarterly report and the final report will describe activities and accomplishments during the period covered by the report-Special attention will be given to project phases or stages which have been completed(e.g..initial planning state, completion of preliminary survey effort, purchases of required equipment, staging of pilot training programs,etc.).Any special reports,evaluation studies,publications or articles prepared as a result of the operation of the project during the quarter will be attached,and major administrative developments will be covered (charges in personnel,project design,etc.).Problem areas and critical observations,as well as project success,will be mentioned and frankly discussed in all of the reports. It is expressly unde%toad and agreed that any funds otherwise due or payable to the Subgrantee under this grant award will not be due or payable and this grant award may be terminated if any of the reports which the Subgrantee is required to submit to CCCJ under the terms and conditions of this grant award are not submitted to CCCJ promptly when due,provided that any payment by CCCJ to the Subgrantee after the Subgrantee has failed to file►with CCCJ any such required report when due shall not be considered as grounds for any waiver or estoppel against CCCJ. 5.Obligation of Grant Fundi Grant funds may not,without prior written approval by CCCJ,be obligated prior to the effective date or subsequent to the termination date of the grant period.Obligations outstanding as of the termination date shall be liquidated within 90 days. &Written Approval of Charges. Subgrantees must obtain prior written approval from CCCJ for major project changes.These include: (a)Changes of substance in the project activities`designs or research plans set forth in this grant award; (b) Changes of key professional personnel identified in this grant award;(c)Changes in the approved project budget as required by the CCCJ Fi"J'Alfsirs Manual. 7. Fiscal Regulations. The fiscal administration of grants is subject to all rules,regulations and policies concerning accounting and records, payment of funds,cost allowability,submission of financial reports, and the like. prescribed by CCCJ or LEAA,and as amended from time to time,including those set forth in the CCCJ Fiscal Affairs Manual. B. Performance Bond. All Subgranteas who are not units of city,county,or state governments are required to bond within 30 days after final execution of this grant award all individuals who will receive or disburse grant funds.The amount of the bond will be at least 50%of the total grant award. 9. Utilization and Payment of Funds. Subgrantee agrees to establish fiscal Conte I and fund accounting procedures which assue proper disbursement of, and accounting for, the grant fiends and the required non-federal expenditures: such disbursement and accounting procedures shall meet 91he requirements of the State of California to the federal government as specified in the Safe Streets Act and the CCCJ Fiscal Affairs Manual. Funds awarded are to be expended only for purposes and activities covered by this grant award. Project funds will be made available by CCCJ on the basis of periodic inquests and estimates of fund needs submitted by the Subgrantee. Grant funds which have been disallowed s a result of audit will be recovered through direct contact with the Subgrantee,right of off-set with the State Controller's Office,or through other appropriate legal means. 10.Allowable Costs The allowability of costs insured under this grant stall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Office of Management and Budget Circular No. A-87, or Office of Management and Budget Cireefar No. A-21 if Subgrantee is an educational iptitution,as interpreted and amplified in these Standard Grant Award Conditions and in the CCCJ Fiscat+Mlairs Manual. Costs will be allowed only for goods and services provided and utilized no later than the end of the period for liquidating obligations as provided in paragraph 5 ab on.including any written extensions _ thereof by CCCJ. UU118 —2— Rev.8115!73 1 �t Any expenditure of funds by the Subgrantee which exceeds the total cost estimate for any major budget category in this grant award by 15%or more of said total cost estimate,or by an amount of 55,000,whichever is less,will be permitted only after written approval of CCCJ. 11. Project Income. All interest earned an grant funds must be accounted for and paid to CCCJ unless the Subgrantee is the State of California or an agency thereof.All Subgrantees must account for all other project income derived at any time,in whole or in part,from the use of grant funds or from the conduct of the grant project,including but not limited to sale of publications,royalties,registration fees.or service charges. A. Such other project income received by the Subgrantee prior to the termination of the grant period of this grant award,including any extensions thereof.shall- 1) be added to funds committed to the project by CCCJ and the Subgrantee and be used to further eligible program objectives;or 2) be deducted from the total project costs for the purpose of determining the net costs on which the federal share of costs will be based. B. Such other income received by the Subgrantee after the end of the grant period of this grant award, including any extensions thereof,shall: eti 11 be used to further eligible project objectives if possible,even though federal funding for the project has terminated,or 2) to the extent such other income is not used to further eligible project objectives,and the federal share thereof exceeds S200,be applied in such manner as may be agreed upon by the State of California and the Subgrantee,and in such event an appropriate representative of the State of California and of the Subgrantee shall meet and confer for the purpose of reaching such an agreement.In the absence of any other specific agreement between the State of California and the Subgrantee, any such amounts of project income shall be paid to the State of California.The federal share of all project income shall be computed on the same ratio as the federal share of the total project cost during tI*grant period of this grant award. 12. Income from Other Sources. All income from other sources received during the grant period, such as contributions,donations or funds from other grant programs,must be accounted for and reported to CCCJ.No other federal funds will be received or used for the portions of the project funded by CCCJ and the Subgrantee must so certify. 13.Maintenance and Retention of Records. A. Records shall be maintained in an orderly manner and shall be available for audit purposes to CCCJ.LEAH, or the Comptroller General of the United States or their authorized representatives. Subgrantees shall protect records adequately against fire or other damage. B. The Subgrantee shall retain such records as CCCJ shall reasonably require.in accordance with the CCCJ Fiscal Affairs Manor/and such regulations as may be issued from time to time by CCCJ.Records must be retained for a period of at least three years.The retention period starts from the date of the submission of thit-final expenditure report. This three-year retention period is qualified as follows: 1) records for nonexpendable property acquired with grant funds shall be retained for three years alter its final disposition;2) when records are transferred to CCCJ.the three-year retention requirement is not applicable ato the Subgrantee;3)records must be retained beyond the three-year period if an audit is in progress or the ~findings of a completed audit have not been resolved satisfactorily;it an audit is completed and the findings are resolved prior to the three-year period,records will be retained until the end of the three-year period.If the three year period has passed and no audit has been initiated,the records will be retained in accordance with local law. It local law requires a longer period of record retention,access to the records will be allowed as set forth in subparagraph 13.A,above;4) CCCJ or LEAH may request transfer of certain Subgrantee records to CCCJ or LEAA custody from the Subgrantee when it is determined that the records possess long-term retention value. 00119 —3— Rev.8115113 I 14. ,rispection and Audit. The CCCJ,the LEAA,the Comptroltcr general of the United States,or any of their duly authorized re,xraciitati►tis,shall hawe access for purpow of audit and examination to any books,ilocum-rits. as-r<and rrcoida of the Subgrantee,and to the relevant books and records of rhe Subgrantee's contractors,as provided in Section 521 of the Safe Streets AcL A provision to this effect will be included in all agreements or other arrangements for implementation of this project 15. Title to Property. Title to property acquired in whole or in part with grant funds shall vest in the Subgrantee, subject to divestment at the option of CCCJ.Said option stall be exercised within 120 days after the end of the grant period or termination of the grant by giving written notice to the Subgrantze and in accordance with the provisions of the CCCJ Fiscal Affairs Marwal and other regulations of CCCJ.Subgrantees shall exercise due care in the use,maintenance,protection and preservation of all such property during the period of project use. 16. Copyrights and Rights in Data. Where activities supported by this grant produce original computer programa, writing.sound recordings,pictorial reproductions,drawings or other graphical representations and works of any similar nature (the term computer programs includes executable computer programs and supporting data in any form), the CCCJ and the LEAA shall have the right to use,duplicate and disclose,in whole or in part,in any manner for any purpose whatsoever,and to authorize others to do so.If the material is subject to copyright,the Subgrantee may copyright such,but the CCCJ and the LEAA shall have a royalty-free, nonexclusive, and irrevocable license to reproduce,publish,and use such materials,in whole or in part,and to authorize others to do so.The Subgrantee shall include this condition in all contracts of employment,consultant's agreements,and contracts,which will be,paid for in whole or in part out of Want funds made available by this grant award. 17. Publications. CCCJ and LEAA shall have the right to require the Subgrantee or its contractors not to publish, and the Subgrantee or its contractors thereupon shall refrain from publishing original books,manuals,films or other copyrightable material produced by activities supported by this grant sward,whether copyrighted or not, that may be designated by either the CCCJ or that LEAA.Such right shall be exercised by addressing written notice to that effect to the project director and the Subgrantee, and to the contractor in the case of a publication notice from the contractor.Before publishing any materials produced by activities supported by this grant award, the Subgrantee or its contractor shall notify LEAA and CCCJ 60 days in advance of any such publication. If CCCJ and LEAH fail to exercise the right to prohibit publication as set forth above within 60 days of the receipt of the notice of intent to publish, the Subgrantee or the contractor may publish said material. The Subgrantee or its contractor shall furnish to CCCJ 20 copies of the materials so published Any publication by the Subgrantee or its contractor shall include on the title page the following standard disetaimer: 'The preparation of these materials was financially aided through a federal grant from the Law Enforcement Assistance Administration and the California Council on Criminal Justice under the Omnibus Crime Control and Sate Streets Act of 1968,as amended.The opinions,findings,and conclusions in this publication are those of the author and are not necessarily those of CCCJ or LEAH.CCCJ reserves a royalty-free.non-exclusive,and irrevocable license to reproduce,publish and use these materials,and to authorize others to do so." 18. Patents. If any discovery or invention arises or is developed in the course of or as a result of work performed under this grant,the Subgrantee shall refer the discovery or invention to CCCJ.The Subgrantee hereby agrees that determinations of rights to inventions made under this grant shall Pe made by LEAH,or its duly authorised representative, who shall have the sole and exclusive powers to determine whether or not and where a patent application should be filed and to determine the disposition of all rights in such inventions,including title to and license rights under any patent application or patent which may issue thereon.The determination of the LEAH, or its duly authorized representative,shall be accepted as final.In addition,the Subgrantee agrees and otherwise recognizes that the CCCJ and the LEAA shall acquire at least an irrevocable,non-exclusive,and royalty-free license to practice and have practiced throughout the world for governmental purposes any invention made in the course of or under this grant.The Subgrantee shall include this condition in all contracts of employment, consultant's agreements, and contracts, which will be paid for in whole or in part out of Want funds made available by this grant award.The Subgrantee in his final report shall identify any such discovery or invention or shall certify that There are no such inventions or discoveries. 19. Assurance of Compliance with Civil Rights Laws. A. The Subgrantee hereby assures that it will comply and will insure compliance by its contractors with Title VI of the Civil Rights Act of 1964 and all requirements imposed by or pursuant to regulations of the Department of Justice(28 CFR 42)and the LEAA thereurder issued pursuant to that title to the end that no person shall,on the grounds of race,creed,cola,sex or national origin be excluded from participation in,be denied the benefits of,or be otherwise subiected to discriminati8n under this grant award or under any project. program,or activity supported by this grant. The Subgrantee further will comply with and unsure.compliance by its contractors with Justice Department Equal Employment Regulation in fediraNY assisted programs(28 CFR Part 42.Subpart D)to the end that employment discrimination in such 00120 —4— Rev.8/15/73 programs on the grounds of raps,color,creed,sex,or national origin shall be eliminated.As required by Section 516(b) of the Safe Streets Act, this grant condition shall not be interpreted to require thn imposition on giant-supported pojects of any percentage ratio,quota system or other program to achieve racial balance or eliminate racial imbalance in a law enforcement agency.The Subgrantee recognises the right of the United Stites to seek judicial enforcement of the foregoing covenants against discrimination and will include a similar covenant in its contracts assuring the right of the United States to seek such judicial enforcement. B. If this grant award prordes for payment to the Subgrantee in excess of S10,000, the Subgrantee shall comply with Executive Oruer No. 11246.entitled "Equal Employment Opportunity",as supplemented. The Subgrantee shall be required to have an allirnmtive action plan which declares that it does not discriminate on the basis of race,color,religion,creed,national origin,sex,and age and which specifies goals and target dates to assure the implementation of equal employment. 20. Government Not Obligated to Third Parties Other Than Subgrantees. The Subgrantee may procure from third parties materials, supplies, services, or equipment for the conduct of the grant project, provided that such procurement complies with the minimum procurement standards set forth in the CCCJ Fiscal Affairs Manual and applicable federal regulations when such procurement contracts are not contrary to law and do not violate any of the other conditions of this grant award.Neither LEAA nor CCCJ shall be obligated or liable to any party other than the Subgrantee and only in accordance with the terms and conditions of this grant award. 21.Third Party Contracts. A. It the Subgrantee procures goods,services,or materials to perform any portion of this grant award,the Subgrantee shall enter into a written contract for such procurement(hereafter designated as a"third party contract'l.Any contract entered into by the Subgrantee in connection with performance of this grant award stall provide that the Subgrantee will retain ultimate control and responsibility for the grant project and that the contractor shall be bound by these grant conditions and all other requirements applicable to the Subgrantee in the conduct of the project. B. All third party contracts in an amount in excess of 5100,000 will not be considered an allowable cost item unless prior written approval is obtained from CCCJ for each of the following: 1) The request for proposal or other simile document constituting an invitation to bid,the bid conference and the bidders oral presentation;or 2) Negotiated bids or waiver of competitive bidding:and 3) The written proposal submitted by the successful bidder;and 4) The contract executed between the Subgrantee and the contractor. C. CCCJ will select,in a manner it shall determine,approximately 10%of the total number of all third party contracts in an-amount in excess of 510,000 but less than S:00,000,and the contracts so selected shall be subject to prior written approval of CCCJ as required in subparagraph B.of this paragraph for third-party contracts in an amount over S100.000.A Subgrantee whose contract is selected as one of this group of contracts will be promptly notified in writing by CCCJ. D. All third party contracts to be executed by Subgrantees who are private agencies and which require payment in excess of 510.000,must first obtain written approval from CCCJ of the proposal or other bid submitted by the successful bidder and of the contract executed.between the Subgrantee and the contractor. E. Approval in advance by CCCJ of any third party contract is not intended to be,and will not constitute,a waiver of any other provision or right of CCCJ provided in this grant award. 22.Termination of Funds. A. This grant may be terminated,or funds recovered,or fund payments discontinued by CCCJ or LEAA where either finds a substantial failure to comply with the terms and conditiois of this grant award,or of the Safe Streets Act and the regulations promulgated thereunder.Any such termination shall become effective after written notice to the Subgrantee and shall be subject to the applicable review procedures pursuant to Sections 303(7).509.510,or 511 of the Sate Streets Act. —5- 00121 Rev.8115!73 B. If for any reason the Federal government terminates its grant to CCCJ or fails to pay the full amount of the grant award it has made to CCCJ,this grant award may bo terminated or reduced in the discretion of CCCJ. provid-rd,however.that no such reduction or termination shall apply to allowable casts already incurred by the Subgrantee to the extent that Federal grant funds are available to CCCJ for payment of such costs.No liability shall, in any event, be incurred by CCCJ or by the State of California under this grant award beyond monies available for the purposes thereof. r C. If,as a result of the conduct of the project pursuant to this grant award, CCCJ has made a final audit recovery demand for the return to it from the Subgrantee of any funds awarded by this grant,CCCJ may,in its sok discretion,refuse to execute subsequent grant awards to the Subgrantee,or terminate or discontinue fund payments under this or any other grant award from CCCJ to the Subgrantee until the demand is satisfied. 23. Conflict of Interest No official or employee of a state or unit of local government or of non-government subgrantees shall participate personally through decision,approval,disapproval,recommendation,the rendering of advice,investigation,or otherwise in any proceeding,application,request for ruling or other determination, contract,grant, claim,controversy,or other particular matter in which LEAA funds are used, where to his Knowledge he or his immediate family,partners,organization other than a public agency in which he is serving as an officer,director,trustee.partner,or employee or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment,has a financial interest.Officials or employees of state or local units of government and nongowemment subgrantees shall avoid any action which might result in, or create the appearance of:1)using his official position for private gain;2)giving preferential treatment to any person;31 losing complete independence or impartiality;41 making an official decision outside official channels; or 5)affecting adversely the confidence of the public in the integrity of the government cr of the program. 24. Criminal Penalties. The Safe Streets Act provides,in part,as follows:'Whoever embezzles,willfully misapplies, steals or obtains by fraud any funds,assets,or property which are the subject of a grant or contract or other form of assistance pursuant to this title,whether received directly or indirectly from the Administration,shall be fined not more than SI0,000 or imprisoned for not more than five years,or both.Whoever knowingly and willfully falsifies, conceals or covers up by trick, scheme or device, any material fact in any application for assistants submitted pursuant to this title or in any records required to be maintained pursuant to this title shall be subject to prosecution under the provisions of Section 1001, of Title 18, United States Code. Any law enforcement program or project underwritten,in whole or in put,by any grant,or contract or other form of aaistance pw suant to this title.%%hett,er received directly or indrectly from the Administration,shaft be;object to the provisions of Section 371 of Title 18.United States Code." 25. Public Availability of Information.The Subgrantee and its contractors shall comply with the requirements of Sections 6750 6760 of the Government Code of the State of California and LEAA Guideline Manual M4100.IA relating to the availability to the public of identifiable records or other documents that are pertinent to the receipt or expenditure of grant funds and the availability of records of the votes of planning councils,including dissenting member's votes.The Subgrantee shall comply with the public accessibility to meetings requirement of LEAA Guideline Manual M4100.1A. The Subgrantee will include in any contract involving grant funds a condition requiring the contractor to comply with the requirements of this paragraph. 26. Cor:hmunicetions Equipment or Systems If the grant project involves communications equipment or system; and there is a need for use of additional radio frequencies beyond those currently available to the Subgrantee, the Subgrantee assures CCCJ that such radio frequency support is feasible and the Subgrantee understands that the grant for acquisition of such equipment is conditioned on the Subgrantee actually securing or showing the availability of the needed frequency support. 27. College and University Special Condition. No part of the funds appropriated under this grant award shall be used to provide a loan,a grant.the salary of,or any remuneration whatever to any individual applying for admission,attending,employed by,teaching at or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969,which involves the use of for the assistance of others in the use of) force or the threat of force of tffi seizure of property under the control of an institution of higher education,to require or prevent the availability of certain curriculum.or to prevent the faculty,administrative officials or students in such institution from engaging in their duties or pursuing their studies at such institution. 28.Technician and Equipment Pools. If this grant award deals with any equipment or technicians similar in nature and function to those available in any pools of such equipment or technicians existing in the Department of Justice of the State of California,the Subgrantee agrees whenever possible to fully utilize any such pools. —6— Rev.8/15/73 (� r' 00122 29.Conditions Appliaitile to P.xt E Grants. If any portion of the grant Itrojeet is funded with Pan F furcal;, the following conditions apply: A. The title and control of Part E funds and title to property may not be transferred to private agencies. profit-makindor otherwise,even though these may be utilized in the implementation of Part E efforts including the purchase of services and Part E funds and property will not be diverted to other titan correctional uses. B. Subgrantees of Part E funds assure that personnel standards and programs of the institutions and facilities will reflect advanced practices C. To insure that Subgrantees are engaging in projects and programs to improve the recruiting,organization, training, and education of personnel employed in correctional activities, including those of probation, parole and rehabilitation,the following minimum requirement shall be met in Part E grants: (1)At least 80 hours recruit trairting, at entry into duty or during the first year of tenure,for both guards,correctional officers,probation and parole officers,and (2)At least 20 fours of in-service or refresher training per year for all such correctional personnel with more than one year of tenure. 30.Grants for Computerized Systems If any portion of this grant involves the establishment, maintenance or upgrading of a computerized system,the Subgrantee agrees: .r, A. To ensure that adequate provisions are made for system security,the protection of individual privacy and . the insurance of integrity and accuracy of data collection. Within 90 days of receipt of award, the Subgrantee shall submit to CCCJ its plan for insuring the security of information maintained in the system and assurances providing for consideration of the rights of privacy.The Project Search Technical Report No. 2(Security and Privacy Considerations in Criminal History Information Systems)shall be used as a guide. B. To coordinate development of the program with any compatible multistate effort to secure the benefits of exchange of data and the use of standard reporting formats and definition,to enhance the benefits and potentials of its information systems facilities and provide needed interface with National Criminal Justice Information Systems. C. That ail computer sof ware produced under this grata will W audile evwiiarle to LEAA fur transfer to authorized users in the criminal justice community without cost other than that directly associated with the transfer. Systems will be documented in sufficient detail to enable a competent data processing staff to adapt the system,or portions thereof, to usage on a computer of similar size and configuration,of any manufacturer. D. To provide a complete copy of documentation to the applicable Regional Office (unless the Regional Administrator of that office has waived this requirement)and a complete copy to the Systems Development Division, Office of Criminal Justice Assistance. Law Enforcement Assistance Administration. Documentation will include but not be limited to System Description, operating Instructions, User Instructions, Program Maintenance Instructions, input forms,file descriptions, report formats, program listings and flow charts for the system and programs. E. That whenever possible,all application programs will be written in ANS COBOL in order that they may be transferred readily to another authorized user. Where the nature of the task requires a scientific programming language,ANS FORTRAN may be used. F. To avail itself, to the maximum extent practicable,of computer software already produced and available without charge and to insure that reasonable effort is extended in this area. LEAA publications and Regional Systems Specialist should be consulted. 31.Clean Air Act Violations. In accordance with the provisions of the Clean Air Act,42 U.S.C. 1857,et.seq.,as amended by P.L.91.604;and Executive Order 11602,the Subgrantee agrees contracts will not be made with parties convicted of any offense under the Clean Air AcL 32. Use of Airplanes and Helicopters. Airplanes and helicopters purdaced in whole or in part with grant funds must be used for the purposes stated in this grant award and may not be used for non-law enforcement purposes by state or local officials 00123 —7— Rev.8/15/73 33. Educational SupporL The Subgrantee assures that no person shall.on the basis of sex. be excluded from participation in.be denied the benefits of.or be subjected to discrimination under any education program or activity funded in whole or in part in accordance with this grant award with the exception of the qualifications set forth in Title IX.Section 901(a)of P.L.92-318. 34. Identification of Source of Material. All published material and written reports submitted under this grant award or in conjunction with contracts under this grant award must be originally developed material unless , otherwise specifically provided in thi• grant award agreement. When material not originally developed is included in a report or other published material. the source of such material must be identified. This identification may be in the body of the report or by footnote.This provision is applicable when the material is in a verbatim or extensive paraphrase format 35. Notices. All written notices pursuant to this grant award shall be given by addressing the same as follows and depositing the same in the US.mail.postage prepaid: Douglas R. Cunningham, Exec. Director Office of Criminal Justice Planning 7171 Bowling Drive Sacramento, California 95823 Subgrantee: To the Subgrantee named on the face sheet hereof at the address stated therein. Project Director: To the project director named on the face sheet hereof at the address stated therein unless written notice of any change therein has been received from the Subgrantee prior to the time said notice is to be given.in which event.said notice shall be sent in accordance with said written cangim Nothing herein contained shall wedude the giving of any notice by personal service. The address to which notice shall be mailed as set forth above to either party may be changed by written notice given by such party in the manner set forth above. 36.Amendments. No alteration or variation of the terms of this grant award shalt be valid unless made in writing and signed by CCCJ and the Subgrantee.and no oral understanding or agreement not incorporated herein stall be binding on either CCCJ or the Subgrantee. l:. 8_ Rev.8/15/73 0012.1 ADDENDUM NO. 1 (Revision No. 1) 1/2,1/74 1. Pursuant to the revision of Penal Code Sec. 1380 et seq. on October 1, 1973, the Office of Criminal Justice Planning (OCJP) was established. All references hereinabove to the California Council on Criminal Justice (CCCJ) contained in Attachments to Grant Awards, i.e., Applications, Contractual Provisions, Resolutions, etc., shall be considered as references to OCJP as of January 1, 1974. 2. Paragraph 4 of the Standard Grant Award Conditions is hereby amended to read as follows: "4. Operation Reports, This grant award is made upon the express condition, in addition to all other terms and conditions contained herein, that the Subgrantee will submit promptly when due to OCJP the following reports: (a) A quarterly report of the operation of the project for each three months of the project, including any extension of this award, beginning with the first month designated in the "Grant Period". Each such quarterly report will be filed on or before the tenth day after the end of each three-month period. If the period covered by the final quarterly report is less than three months, the final quarterly report will be filed by the Subgrantee on or before the tenth day after the end of said final period. (b) Every quarterly report will discuss, in a separate section, the status of the procedures initiated to assure compliance with the Security and Privacy clause of the Crime Control Act of 1973 (42 U.S.C., Section 3771) where applicable. (c) Each quarterly report will also set forth, in a separate section, the status of the equal employment program in terms of compliance with the LEAA Guidelines (28 CFR, Sections 42, 301 et sea,) where applicable. (d) A final report on or before the 90th day after the completion of the project, including any extension of this grant award, covering the entire period of the project. (e) Such additional reports in such form and containing such infor- mation as either OCJP or LEAA may reasonably require. Each quarterly report and the final report will describe activities and accomplishments during the period covered by the report. Special attention will be given to project phases or stages which have been completed (e.g., initial planning state, completion of preliminary survey effort, purchases of required equipment, staging of pilot training programs, etc.). Any special reports, evaluation studies, publications or articles prepared as a result of the operation of the project during the quarter will be attached, and major administrative developments will be covered (changes in personnel, project design, etc.). Problem areas and critical observations as well as project success, will be mentioned and frankly discussed in all of the reports. 0012 It is expressly understood and agreed that any funds otherwise due or payable to the subgrantee under this grant award will not be due or pay- able and this grant award may be terminated if any of the reports which the subgrantee is required to submit to OCJP under the terms and conditions of this grant award are not submitted to OCJP promptly when due, provided that any payment by OCJP to the Subgrantee after the Subgrantee has failed to file with OCJP any such required report when due shall not be considered as grounds for any waiver or estoppel against OCJP." 3. The following provisions are hereby added to the Grant Award Conditions: Security and Privacy A. The Subgrantee agrees that except as provided by Federal law other than the Crime Control Act of 1973 (42 U.S.C., Sections 3701 et seq.), none of its officers or employees shall use or reveal any research or statistical information furnished by any person and identifiable to any specific private person for any purpose other than the purpose for which it was obtained. Copies of such information shall be immune from legal process, and shall not, without the consent of the person furnishing such information, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceedings. B. Criminal history information: (1) The term "criminal history information" includes records and related data, compiled by law enforcement agencies for purposes of identifying criminal offenders and alleged offenders and maintaining as to such persons summaries of arrest, the nature and disposition of criminal charges, sentencing, confinement, rehabilitation and release. (2) If the Subgrantee utilizes "criminal history information", the Subgrantee shall comply with the following: All criminal history information collected, stored, or dissemi- nated shall contain, to the maximum extent feasible disposition as well as arrest data where arrest data is included therein. The collection, storage, and dissemination of such information shall take place under procedures reasonably designed to insure that all such information is kept current therein; the Subgrantee and any contractor or sub-contractor shall assure that the security and privacy of all information is adequately provided for and that such information shall only be used for law enforcement and criminal justice and other lawful purposes. In addition, an individual who believes that criminal history information con- cerning him contained in an automated system is inaccurate, incomplete, or maintained in violation of the Crime Control Act of 1973, shall upon satisfactory verification of his identity, be entitled to review such information and to obtain a copy of it for the purpose of challenge or correction. 00125 C. Any person violating the Security and Privacyprovisions contained herein or of the Crime ContraAct o 73(42, U.S .C., Section 3771 (c), or of any rule, regulation, or order issued thereunder, shall be fined not to exceed $10,000 in addition to any other penalty imposed by law. D. The subgrantee assures that the foregoing provisions of the Security► and Privacy clause shall be incorporated, as appropriate, into all contracts, subgrants or sub-contracts. 00127 ADDENDUM No. 2 July 10, 1975 Psra,raph 17 of the Standard Grant Award Conditions, entitled "Publications", is deleted and the following "Publications" clause is substituted. 17. Publications. Before publishing any materials produced by activities supported y this Agreement, the Subgrantee or its contractor (the contractor) shall notify OCJP 90 days in advance of any such intended publication and shall submit 20 copies of the materials to be published. Within 60 days after any such materials have been received by OCJP, OCJP shall submit to the Subgrantee its comments with respect to the materials intended to be publishea. The Subgrantee or its contractor shall determine, within 10 days after receipt of any such comments, whether or not to revise the materials to incorporate the comments of OW P and shall advise OW P of its determination within 15 days after such comments have been received by the Subgrantee or its contractor. If the Subgrantee or i-ts contractor determines not to incorporate any of the comments of OCJP into the text of the materials, it may publish the materials provided that the initial preface or introduction to these materials as published contain the following: A. A credit reference reading as follows: "The preparation of these materials was financially assisted through a federal grant from the Law Enforcement Assistance Administration and the California Office of Criminal Justice Planning and under Title I of the Crime Control Act of 1973." B. A disclaimer statement reading as follows: "The opinions, findings, and conclusions in this publication are those of the author and not necessarily those of OCJP or LEAA. OCJP and LEAA reserve a royalty- free, non-exclusive, and irrevocable license to reproduce, publish and use these materials, and to authorize others to do so. A copy of these materials may be obtained from OCJP or LEAA upon payment of the cost for reproducing the materials." C. The comments of OCJP in full, unabridged, and unedited. If the Subgrantee or its contractor wishes to incorporate some or any of the comments of OCJP in the text of the materials, it shall revise the materials to be published and resubmit them to OCJP which shall prepare comments on the resubmitted data within 30 days after receipt thereof. Within 10 days after receipt of these comments, the Subgrantee or its contractor shall determine whether or not to accept or adopt any of the comments on the revised materials as resubmitted to OCJP and shall advise OCJP of this determination within 15 days after receipt of the comments of OW P. Thereafter, thtr materials may be published or revised in accordance with the procedures set forth above for the publication of materials on which OCJP has submitted its comments to the Subgrantee or its contractor. If OCJP has not submitted its comments on any materials submitted to it within 90 days after OCJP has received any such materials, the Subgrantee or its contractor may proceed to publish the materials in the form in which they have been submitted to OCJP but shall include the credit statement and the disclaimer statement set forth above, but without any further comments. 00128 Addendum #3 June 30, 1976 1. The following provision is hereby added to the Standard Grant Award Conditions: Exclusion from Competition Requests for proposal or invitations for FT'issued by the grantee or a subgrantee to implement the grant or subgrant project are to provide notice to prospective bidders that the LEAA organizational conflict of interest provision is applicable, in that contractors that develop or draft specifications, requirements, statements of work and/or RFPs for a proposed procurement shall be excluded from bidding or submitting a proposal to compete for the award of such procurement. See LEAH Guideline Manual M 7100.1A, Chapter 3, paragraph 49e. 2. Paragraph 15 of the Standard Grant Award Conditions, entitled "Title to Property" is deleted and the following clause is substituted: Title to Proper . Title to property acquired in whole or in part with grant funds in accordance with -approved budgets shall vest in the subgrantee to the extent of the subgrantee's contribution toward the purchase thereof. Utilization and disposition of grant acquired property at termination of the grant period shall be subject to the provisions of Attachment N Federal Management Circular 74-7 and LEAH and OCJP administrative regulations and guidelines. Subgrantee shall be held accountable for all property acquired with grant funds. Subgrantee shall exercise due care in the use, maintenance, protection and preservation of such property during the period of use. 00129 1� IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Designating ) Successors to the Members of ) the Board of Supervisors and ) RESOLUTION NUMBER 77/146 Designating an Alternate ) Temporary County Seat. ) WHEREAS Section 42-4.004 of the County Ordinance Code requires the Board of Supervisors to appoint three standby officers for each of its members, said officers to serve as successors to the Board Members in the event of disaster; and WHEREAS Government Code Section 23600 requires the Board to designate an alternative temporary county seat for use in the event of disaster; and {ARRAS the Board members this day having reviewed the status of their designated successors and Supervisor J. P. Kenny having recommended Mr. Thomas J. Corcoran for appointment as his standby officer No. 2 (succeeding the late Ips. Gay G. Vargas); NOW THEREFORE BE IT RESOLVED that the following appointments are made as prescribed by law: Supervisor James P. Kenny, District I 1. Elton Brombacher 232-5378 691 South 31st Street Richmond, California 94800 2. Thomas J. Corcoran 234-5633 166 Murdock Richmond, California 94804 3. Theodore R. Wooten 234-6640 540 Silver Avenue Richmond, California 94800 Supervisor Nancy C. Fanden, District II 1. Antone H. Fanden 229-2037 1153 Hillside Drive Martinez, California 94553 2. William H. Wainwright 228-1463 1154 Hillside Drive Martinez, California 94553 3. Diana Patrick 228-9269 1310 Marina Vista Martinez, California 94553 00130 t l Supervisor Robert I. Schroder, District III 1. Chris Adams 935-5731 3146 Maryola Court Lafayette, California 94549 2. Lloyd K. Ring 935-4060 3123 Broncho Lane Walnut Creek, California 94598 3. Donald E. Anderson 376-5777 1896 School Street Moraga, California 94556 Supervisor Warren N. Boggess, District IV 1. Richard Holmes 687-2677 903 Hastings Drive Concord, California 94520 2. Lenard E. Grote 682-4512 610 Aleta Place Pleasant Hill, California 94523 3. George E. Krueger 865-8786 3710 Liscome Way Concord, California 94520 Supervisor Eric H. Hasseltine, District V 1. George Lowy 432-3990 3364 Karen Way Pittsburg, California 94565 2. Linda P. Best 837-7775 146 Via Copla Alamo, California 94507 3. Werner Ganz 757-3760 2713 Alcala Antioch, California 94509 BE IT BY THE BOARD FURTHER RESOLVED that the alternate county seats in case of disaster are: 1. County Building, Pittsburg, First Alternate 2. County Building, Pleasant Hill, Second Alternate 3. County Building, Richmond, Third Alternate 4. Boys Ranch, Byron, Fourth Alternate BE IT BY THE BOARD ALSO RESOLVED that alternate county seats are to be utilized for the briefest period possible and prompt action is to be , taken to reestablish the county seat in the normal location as rapidly as practicable. AND BE IT FURTHER RESOLVED that prior-designation of successors to members of the Board of Supervisors and of alternate temporary county seats are hereby rescinded. PASSED and ADOPTED by the Board on February 8, 1977. cc: Successors to the Board (15) Director, Office of Emergency Services (4) Secretary of State Board Members County Counsel County Administrator OU131 C In the Board of Supervisors of Contra Costa County, State of California February 8 . 19 2Z In the Matter of Hearing on the Recommendation of the Planning Commission that Land in the Martinez/vine Hill Area (2041-RZ) be Rezoned. The Board on January 25, 1977 having closed the hearing on the Planning Commission recommendation that properties fronting on both the north and south sides of Pacheco Boulevard, east of Goree Court and west of Arthur Road, Martinez/Vine Hill area, be rezoned from Multiple Family Residential District (tai-1) to Multiple Family Residential District (14-4), Multiple Family Residential District (14-2) and Single Family Residential District-6 (R-6), and fixed this date for decision thereon; and Supervisor N. C. Fanden having advised that she had viewed the Koss property and was of the opinion that it might be possible for this property to hold 29 units providing the design is correct, and therefore recommended an 24-2 zoning classification with the condition that a Development Plan Review take place before any building occurs to insure that it is compatible with the neighboring development; and IT IS BY THE BOARD ORDERED that the recommendation of the Planning Commission is APPROVED with the following changes: Property owned by Mr. and Mrs. Samuel H. Slaney is rezoned to Multiple Family Residential District (M-3) and property owned by Mr. William L. Koss is rezoned to Multiple Family Residential District (M-2). IT IS FURTHER ORDERED thaw the Director of Planning and County Counsel are DIRECTED to prepare an ordinance, amending the zoning ordinance of Contra Costa County, giving effect to the zoning change. PASSED by the Board on February 8, 1977- 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supenimm on the date aforesaid. cc: Yr. W. L. Koss Witness my hand°red the Sed of the Board of Mr. B. Slaney supe'ri'or: Director of Planning affixed this 8thday of February , 19 77 County Assessor r J. R. OLSSON. Clerk v Deputy Clerk Ronda Amdahl H-24 3/76 lSm 00132 .Nall■ / lN ♦ - _ 74. ° / mu , D Nalp i ssab-0aes�Ygsar�m°a`a �. e o+�R�a2a� IN c4� . ZIP r � Is MAI Chairman of the Contra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of AAW s J. v A ot. -/ .t indicating thereon the decision of the Contra Costa County PlanningL Commission in the matter of A7 Chairman of the go-ntra Costa County Planning Commission, State of Calif. Plan mission, • Findings . • In the Board of Supervisors of Contra Costa County, State of California February 8 . 19 Z In the Matter of Authorizing Issuance of Certificate of Appreciation to Mr. Gary Fernandez. J . IT IS BY THE BOARD ORDERED that the Chairman is AUTHORIZED to execute a Certificate of Appreciation to Mr. Gary Fernandez for his service to the County as Mayor and Councilman of the City of Richmond, his active role in the Contra Costa County Mayors' Conference, and his participation in and sponsorship of many noteworthy community endeavors. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of on order entered on the minutes of said Board of Supervisors on the date oforesaid. %_ cc: County Administrator �my hand and the Sed of the Boord of affixed this 8th day of_ February . 1977 J. R. OISSON, Clerk y Deputy Clerk lRonda Amdahl H-24sn6 ism 00133 In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 77 In the Matter of Claim of Daniel E. Ranault for Clothing Lost While in Custody at County Jail A claim having been received from Mr. Daniel E. Ranault, 2660 Rim Road, San Pablo, California in the amount of $32 as reimbursement for certain items of clothing lost while he was in custody at the County Jail; and The Sheriff-Coroner and County Administrator having recommended approval of said claim; IT IS BY THE BOARD ORDERED that the Auditor-Controller is AUTHORIZED to reimburse the claimant in the amount of $32 to satisfy said claim. Passed by the Board on February 8, 1977. 1 hereby certify that the forepoiatt b a true and correct copy of an order eehred on the minutes of said Board of Supervisors on the dale aforesaid Orig: Administrator Witness my hand and the Seo!of the Board of cc: Sheriff-Coroner Supervisors Auditor-Controller affixed th'n8th day ofFebruary 19 Y, Claimant—c/o Sheriff J. R. OLSSON, Clark B` ` �:..d �• sG ge& , Deputy Clerk Maxine M. NetLTeld H-24 3/76 lSm 00134 In the Board of Supervisors of Contra Costa County, State of California February 8 . 19 77 In the Ma"er of Claim of Frank E. Souza for Clothing Damaged in -m nAlistics Laboratory A claim having been received from Mr. Frank E. Souza, 8985 Alcosta Boulevard, Apartment 166, San Ramon, California in the amount of $35 to reimburse the loss of certain clothing which was rendered unusable by processes performed in the County's Criminalistics Laboratory; and The Sheriff-Coroner and County Administrator having recommended that the claim be approved; IT IS BY THE BOARD ORDERED that the Auditor-Controller is AUTHORIZED to reimburse the claimant in the amount of $35 to satisfy said claim. i Passed by the Board on February 8, 1977. I i 1 I hereby certify that the for npft Is a true and torsed copy of an order entered on the minutes of sold Board of Supervhm on the dais aforesaid. Orig: Administrator Widnes:my hand and the Seal of the Board of CC: Sheriff-Coroner Supervisors Auditor-Controller affixed this 8th day of February . 1977 i Claimant- c/o Sheriff J. R. OLSSON, Clerk Deputy Clerk Maxine M. Neuf ld M-24 3/76 15m 00135 In the Board of Supervisors of Contra Costa County, State of California February 8 .19.77 In the Matter of Claim of Leon Hall for Property Lost While in Custody at County Rehabilitation Center- A claim having been received from Mr. Leon Hall 541 "B" Street, Richmond, California 94801 in the amount of W as reimbursement for a pair of shoes lost while he was in custody at the County Rehabilitation Center; and The Sheriff-Coroner and County Administrator having recommended that said claim be approved; IT IS BY THE BOARD ORDERED that the Auditor-Controller is AUTHORIZED to reimburse the claimant in the amount of $27 to satisfy said claim. Passed by the Board on February 8, 1977. I hereby certify that the foregoing h a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: Administrator Witness my hand and the Seal of the Board of cc: Sheriff-Coroner Supervisors Auditor-Controller affixed "8th day of February , 19 77 Claimant - c/o Sheriff J. R. OLSSON, Clerk 4. Deputy Clerk Maxine M. Niufeld H-NW615m C C_ In the Board of Supervisors of - Contra Costa County, State of California February 8 . 19 77 In the Hotter of Recommendation of the Planning Commission that Land in the Bethel Island Area (2054-RZ) be Rezoned. The Director of Planning having notified this Board that the Planning Commission recommends the rezoning of Lots 50, 52, 53 and 54 of Pleasant Times Subdivision, fronting in two sections, on the southwest side of Stone Road approximately 4,200 feet east of Dutch Road, one fronting approximately 45 feet and the other approximately 120 feet, Bethel Island area, from Multiple Family Residential District (M-R) to Multiple Family Residential District-4 (M-4) ; IT IS BY THE BOARD ORDERED that a hearing be held on Tuesday, March 8, 1977 at 11:30 a.m. in the Board Chambers, Room 107, Administration Building, Pine and Escobar Streets, Martinez, California. IT IS FURTHER ORDERED that pursuant to code require- ments the Clerk publish notice of same in THE BRENTWOOD NEWS and give notice by mail to all persons shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed zoning change. PASSED by the Board on February 8, 1977. - 1 hereby certify that the foregoing is a true and correct copy of an order entered an the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: List of Names Provided Supervisors by Planning affixed this 8thday of February , 19 77 Director of Planning J. R. OLSSON, Clerk By L A9,d . Deputy clerk Jamie L. Johnson H-24 39615m 00137 In the Board of Supervisors of Contra Costa County, State of California February 8 __X1977 In the Matter of Recommendation of the Planning Commission that Land in the Pittsburg Area (2049-RZ) be Rezoned. The Director of Planning having notified this Board that the Planning Commission recommends the rezoning of 7.8 acres fronting on the south side of Parkside Drive, north of Parkside School and west of Andrew Drive north of State Route #24, Pittsburg area, from Multiple Family Residential District-1 (M-1) to Controlled Heavy Industrial District (W-3) ; IT IS BY THE BOARD ORDERED that a hearing be held on Tuesday, March 8, 1977 at 11:25 a.m. in the Board Chambers, Room 107, Administration Building, Pine and Escobar Streets, Martinez, California. IT IS FURTHER ORDERED that pursuant to code require- ments the Clerk publish notice of same in THE PITTSBURG POST-DISPATCH and give notice by mail to all persons shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed zoning change. PASSED by the Board on February 8, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: List of Names Provided Supervisors Witness my hand and the Soul of the Board of by Planning Director of Planning affixed this 8th day of__February 19 77 J. R. OLSSON, Cleric By 1111,0 l�_i/i��-1 G-3�_. . Deputy Clark Jamie L. Johnson H-24;/76 ISm 00138 In the Board of Supervisors of Contra Costa County, State of Califomia February 8, 1977 In the Matter of Authorizing Acceptance of Instruments. IT IS BY THE BOARD ORDERED that the following instruments are ACCEPTED: INSTRUMENT DATE GRANTOR REFERENCE 1. CONSENT TO OFFER OF 12/1/75 EAST BAY MUNICIPAL UTILITY SUB. DEDICATION OF ROADWAY DISTRICT MS 77-75 2. CONSENT TO OFFER OF DEDICATION 12/23/75 CONNIE L. FERNANDEZ, ADMIN. SUB. OF ROADWAY WITH SUBORDINATION OF THE ESTATE OF CARROLL B. MS 77-75 FERNANDEZ r` rn 3. CONSENT TO OFFER OF DEDICATION 12/24/75 STANDARD OIL COMPANY OF SUB. - OF ROADWAY WITH SUBORDINATION CALIFORNIA MS 77-75 4. RELINQUISHMENT OF ABUTTERS 1/10/77 WALTER LEO RIPPEE, et.al. SUB RIGHTS MS 82-76 m Y 3 PASSED BY THE BOARD ON February 8, 1977_ U A - .. m a 0 m to- I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid Originating Department: - - Witness my hand and the Seal of the Board-of Public Works Supervisors Land Development Division affixed this gbh day of February 1977 cc: Recorder (Via P.H.) Public I:orks Director J. R. OLSSON, Clerk Director of Planning By �- Z,r_, o . Deputy Clerk 11. Pous H•24 3/7615m 00139 In the Board of Supervisors of Contra Costa County, State of California Fehru= S ..19 7_2. In the Matter of Authorizing Acceptance of Instruments for Recording Only. IT IS BY THE BOARD ORDERED that the following Offers of Dedication are accepted FOR RECORDING ONLY: INSTRUMENT DATE GRANTOR REFERENCE 1. OFFER OF DEDICATION FOR 1/10/77 WALTER LEO RIPPEE, et.al. SUB HS 82-76. ROADWAY PURPOSES PASSED BY THE BOARD on February 8, 1977. r` rn m 3 CL a ' 0 o 12 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the data aforesaid. - _ _-. Witness my hand and the Sead of the Board of Originating Department: Supervisors Public Works Land Development Division affixed this3r_u day of Fos.r+.aTY 197L cc: Recorder (Via P.W.) J. R. OLSSON, Clerk Public Works Director Director of Planning By tvD'u v , Deputy Clerk N.POUS H-24 3/7615m 00140 In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 77 In the Matter of Rental Agreement for County-owned House, 180 Camino Pablo, Orinda IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to execute an agreement, dated February 1, 1977, with Kendall W. Langan for rental of County-owned property at 180 Camino Pablo, Orinda, on a month-to- month, as-is basis at a rate of $250.00 per month commencing February 1, 1977. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. " Witness my hand and the Sean of the Board of Originator: Public Works Supervisors Real Property Division 8th February i977 axed this day of _ cc: Public Works County Auditor-Controller1 J. R. OLSSON, Clerk By j. 40� . Deputy Clerk - N. Pous 00141 H-24 3/16 1Sm In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 77 In the Matter of ti - Making a Determination of utility Easement Rights For Various Subdivisions. IT IS BY THE BOARD ORDERED that a determination is"made that the division and development of the properties in the manner set forth on the parcel maps for the following subdivisions will not unreasonably interfere with the flee and complete exercise of the public utility rights of way or easements: SUBDIVISION AREA OWNER 1. MS 96-75 KNIGHTSEN CLARENCE THOHPSON 156 LGNADO COURT SAI; FRANCISCO, CALIF 94127 2. MS 13-76 WALNUT CREEK HARRY KROLL No. 2 ALTARINDA CIRCLE ORIh'DA, CALIF. 94563 PASSED BY THE BOARD ON February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid Witness my hand and the Seal of the Board of Originating Department: Supervisors Public Worcs Land Developmeat Division affixed this__&i¢ay of FPhrm-,ry 1971- cc: 97Lcc: Public Works-LD J. R. OLSSON, Clerk Clarence Thompson 156 Lunado Court BY- San Clerk San Francisco, Calif. 94127 tJ.POUS Harry Kroll No. 2 Altarinda Circle Orinda, Calif. 94563 00142 H-24 3;76 15m In the Board of Supervisors of Contra Costa County, State of California February 8 . 14 77 In the kiatbr of Results of Decertification Elections For Deputy Public Defenders Unit and Fiscal Services Unit The Board having received a January 31, 1977 memorandum from the Employee Relations Officer reporting on the State Conciliation Service conducted elections; and That a run-off election for the Fiscal Services Unit must be held between Associated County Employees, the current majority representative and Contra Costa County Employees Association, Local No. 1, the intervenor; and That in the decertification election for the Deputy Public Defender . Unit, the existing majority representative, Contra Costa County Employees Association, Local No. 1 was retained as the majority representative. IT IS BY THE BOARD ORDERED that receipt of the aforesaid memoran- dum is ACKNOWLEDGED. PASSED on February 8, 1977 unanimously by the Supervisors present. 1 hereby certify that the foregoing Is o true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Origi nating Dept: Di rector of Personnel Witness my hand and the Seal of the Boord of cc: Associated County Enployees Supervisors C.C.C.E.A., Local No. 1 affixed this8th day of February . 19 77 S.E.I.U., Local €535 County Counsel Auditor-ControllerJAz" . R. OLSSON, Clerk Treasurer-Tax Collector v District Attorney By Maxine e Deputy Clerk County Clerk Public Defender H-24 3/6ISm 00143 4W Con}ro Cos}o qty Cl� IL �,ER� ICE DEPARTMENT RECEIVED FEB - 11977 Administration Building Office of Martinez, California County Administrcbr Date: January 31, 1977 TO: Board of Supervisors FROM: Arthur G. Will, Employee Relations Officer by: Robert R. Palmer, Chief, Employee Relati s Division SUBJECT: Results of Decertification Elections Attached are copies of the official results of the decertification elections for the Fiscal Services Unit and the Deputy Public Defenders Unit concluded by State Conciliation Service on January 28, 1977. In the election for the Fiscal Services Unit there was not a clear majority representative selected. As a result there will be a run-off election held to select between Associated County Employees, (ACE) the current majority representative and Contra Costa County Employees Association, Local No. 1, the intervenor. For the Deputy Public Defenders Unit, Contra Costa County Employees Assn., Local No. 1, was retained as the majority representative by a 920 majority of valid ballots cast. Percentage of those eligible who voted was 81.30. RRP:pr attachments cc: Contra Costa County Employees Assn., Local No. 1 Associated County Employees Service Employees International Union, Local #535 Auditor-Controller County Clerk-Recorder District Attorney Public Works Public Defender der RCEIVEDCounty Counsel t6 e 1977 OLSSM CMK eonM cors AK63 maofikned with boord order 00144 State of California DEPARTMENT OF INDUSTRIAL RELATIONS CONCILIATION SERVICE RESULT-S OF DECERTIFICATION ELECTION EriPLOYER: Contra Ccn*a r^�,rty.Fiscal Services Unit EMPLOYEE ORGANIZATIONS: Associated. County Employees (ACE) Contra Costa County Employees Assn., Local No. 1 The following are the results of a secret mail ballot election concluded on Friday, January 26, 1977. The election was held on the question "I wish to be represented in employer-employee relations with Contra Costa County in accordance - with provisions of County Ordinance No. 73-32 by: Associated County Employees (ACE) . or . . . Contra Costa County Employees Association, Local No. 1 . or "No Employee Orgaftization". 1. Total number of ballots issued ........................... 2. Total number of ballots deposited in Post Office Box .......� 3. Total number of ballots challenged ............ 7 4. - Total number of challenges upheld ............. _ 5. Total number of ballots rejected other than challenges .....:................. 6. Total number of valid ballots .......... � ... ............. . (Add lines 4 and 5, then subtractfromline2) 7. Total number vdting.for Associated County Employees(ACE)... 3262 8: Total number voting for Contra Costa County Employees Assn., Local No. 1..........................................IL 9. Total number voting for °No Employee Organization"......... S 10. Total number of eligible voters in unit ........ 11. - Percentage of those eligible voting ........... 12. The Employee Organization that has established a majority for representation in accordance with County Ordinance No. 73-32 is � p.—.. 14. A Run-Off Election ."will be" ..........held. The above is a true statement of the election returns. tion 6611ta't I- CALI ORNIA STATE CO�fCILIAT ON ScR:'VICE The undersigned acted as authorized observers in the counting,and tabulating of ballots indicated above. We hereby certify that the counting and tabulating were fairly and accurately done at the secrecy of the ballots was maintained and that the results w as indicate above. We also ackgp% ge service of this tally. OBSERVER: _/ bBSERVERi- FOR: <<sct• ic'� C c: FOR: �— r', OBSERVER- OBSERVER: i/ K2L —�_ FOR: . =v/laii ^4 11 FOR: DATE: f -S5�J TT 00145 - Miaofilmed with board order, i State of California DEPARTMENT OF INDUSTRIAL RELATIONS CONCILIATION SERVICE RESULTS OF DECERTIFICATION ELECTION • •�`•fi : EMPLOYER: Contra Costa County Public Defenders Unit EMPLOYEE ORGANIZATIONS: Contra Costa County Employees Assn., Local No. 1 Service Employees International Union, Local 535 The following are the results of a secret mail ballot election concluded on Friday, January 26, 1977, The election was held on the question "I wish to be represented in employer-employee relations with.Contra Costa County in accordance with provisions of County Ordinance No. 73-32 by: Contra CoSta County Employees Association, Local No. 1 ... or ... Service Employees International Union, it535... or ... "No Employee Organization". . 1. Total number of ballots issued .............................�2 2. Total number of ballots deposited in Post Office Box ....... . 3. Total number of ballots challenged ............. ........... 0 4. Total number of challenges upheld .......... S. Total number of ballots rejected other than challenges ....................... 6, Total number of valid ballots .............................. (Add lines 4 and 5, then subtract from line 2) - 7. Total number voting for Contra Costa County Employees Association, Local No. 1..........................:..:..::� 8. Total number voting for Service Employees International Union, Local #535.......................................... 9. Total number voting for "No •Employee Organization".......... 10. Total number of eligible voters in unit ....... 3.2 11. Percentage of those eligible voting 12, The Employee Organization that has established a majority for• representation in accordance with County Ordinance No. 73-32 is WTA.Q?%� � W—[1y! es. �� . � ... 14. A Run-Off Election ...."will be"..: .'will not be":. ......held. The above is a true statement of the election returns. CALITATE CONCILIATION SERVI The undersigned acted as authorized observers in the counting and 'tabulating of ballots indicated above. We hereby certify that the counting and tabulating were fairly and accurately done, that the secrecy of the ballots was maintained and that the results were as indicated above. We also acknowledge service of this tally. OBSERVER;Ir�n OBSERVE.. FOR: / nC�..L 4� FOR: / l FOR: �Cl/�t' i' FOR: DATE: - Ahiaotilmed wi h T�oa`r�d order In the Board of Supervisor of Contra Costa County, State of California February $ 19 77 In the Matter of Approval of Road Improvement Agreement for Reconstruction of Rudgear Road, Walnut Creek Area. Project No. 4141-4542-661-72 As recommended by the Public Works Director, IT IS BY THE BOARD ORDERED that its Chairman Is AUTHORIZED to execute a Road Improvement Agreement between the County and Paul C. Petersen, builder-developer, which provides for the reconstruction of Rudgear Road between Grover lane and -Youngs Court, Walnut Creek area, said Agreement calling for a deposit of $54,200, which has been received. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervise ars on the date aforesaid Witness my hand and the Seat of the Board of Originator: Public Works DepartmentSupervisors Road Design Division afrsxed this 8th day of_ February . 1977 cc: Public Works Director Paul C. Petersen County Auditor-Controller J. R. OLSSGIiiI, Clerk Director of Planning By , Deputy Clerk 'N. Pous H-24 3/76!Sm 00147 AGREEMENT (Road Improvement) _ 1 . Variables. These variables are-- incorporated below by reference: (a) Owner's Name and Address: Paul C.' Petersen. Builder-Developer 859 San Mateo Drive, San Mateo, CA. (b) Effective Date: FEB 8 1977 (c) Project Name, Number E Location: Rudgear'Road Reconstruction at San Miguel Drive (d) Payment: $ 54,200.00 2. Signatures: Thete signatures attest the parties' agreement hereto: COUNTY`OF CONTRRA�COSTA OWNER By ' (r, C :j `�'✓w N. Bo99ess Board of SupervisorsBy lii Z-4 . Chairman, ATTEST: J. R. Olsson, County Clerk Owner and ex officio Clerk of the Board Designate official capacity in business) By Deputy POUS Form approved by County Counsel . 3. Parties. Effective on the above date, Contra Costa County (County) and m the above-naed Owner mutually agree and promise as follows: 4. Purpose b Scope of Work. The Owner agrees to construct certain improvements, hereinafter described as "the work", on Rudgear Road between Grover Lane and Youngs Court, in conjunction with the development of a subdivision called Rudgear Estates (TRACT 4578). The work shall include (1) improvement (to County Standards) of the intersection of Rudgear Road and San Miguel Drive, (2) construction of a 34 foot roadway (12 foot lanes and 5 foot shoulders) from approximately Grover Lane to Youngs Court, (3) construction of a left turn lane for eastbound Rudgear Road traffic turning onto San Miguel Drive, (4) such other improvements as may be necessary to comply with current County standards. The Owner agrees to have his engineer design the proposed project. 5. Financial Responsibility. The County and Owner shall bear costs as set forth below and as estimated in appendix A attached hereto and by this reference incorporated herein. Except for the costs borne by the County, as noted below, the Owner shall bear (1) all right of way and right of way acquisition costs, design costs and construction costs, (2) contract administration, construction engineering and inspection costs, (estimated at 12.5% of the final contract cost) (3) plan review costs 0.0$ of the final contract cost). 00148 5. Financial Responsibility (Continued) The County shall bear the additional cost involved in paving the shoulders. This cost will be determined by calculating the actual cost of paving the 5 foot shoulders (asphalt concrete, aggregate base, aggregate subbase and roadway exca- vation) and deducting the theoretical cost of constructing rock shoulders. (0.33 foot of aggregate base and roadway excavation). A credit of $500.00 will be made towards the owners cost for the additional design work involved in paving the shoulders. The County agrees to participate in the contract administration, construction engineering and inspection costs in an amount proportional to the County's share of the final contract cost. b. Owner's Cost of Extra Work. In addition to the financial responsibility set forth above, the Owner shall bear the cost of his share of any extra work that may be. found necessary during the course of the contract. Any.such extra work increasing the cost to the Owner shall be performed pursuant to a contract change order which has been approved by County and Owner. 7. Contract Administration a Engineering. The County shall advertise for bids and award and approve the contract for construction. All contract administration, construction engineering and inspection shall be performed by the County, and the cost thereof shall be borne by the Owner except as noted in Section 5 above. Any liquidated damages. for overrun of contract time that may be collected by the County, pursuant to the terms of the contract, shall be the sole property of the County but will becredited toward the Owner to offset $uch additional contract administration, construction engineering and . inspection costs that may be incurred due to the overrun in contract time. 8. Notification of Bids b Award of Contract. County shall notify the Owner, or his delegated representative, of the amount of the construction bids received for the project within forty-eight (48) hours after they are opened, and- shall advise Owner of the name and address of the Contractor to whom the contract is awarded. 9. Payment. Before County signs this agreement, Owner shall deposit with the County a - certified check or cash in the amount of the Payment specified in Sec. 1 (d). As soon as possible after determination of final costs for the project, Owner shall either be reimbursed for any surplus funds remaining in his deposit; or, in case the deposit is insufficient to cover Owner's share of cost, Owner shall pay to County on billing any additional sum that may be due and owing County. 10. Acceptance. Acceptance by the County of the work performed by the Contractor shall constitute acceptance by Owner. 11. Termination. This agreement shall terminate when the construction work set forth in Section has been completed and payments required herein have been made. 00149 ++ O O O O O O O O O O O O C; O p C O 01 O O O O O O 2 M ^ lt► N C • J O 0% 2 2 N C.% U% %O Ln %O r� n O E t11 Lr IO tt► LA L1► ^ L a t? m Lr 3 ro 0 C O 2 O O J 2 J O � O p O O o • 2 �O J N J- O :r Ol M y aJ o 0 0 0 O U r C O O O O F 0 O -..%0 M O C - J M M .- ^ CY O U " to ++ O O O O Cl O O O O O O O O O p O — c O 01 O O ^ O O O O O 2 to to tJ Z 0 J O m S 2 N M Lt\ O 2 co 2 +� O to 0; l: I0 Lz W O O O E t11 a F � v o — � F F C N F Ls! O lU N Z U% O O O O O O O O O p F O J m O L/1 O �O �O n O O X Vl tj 1 C O N M N n � N —O LU C U aA O U C W LU Y C O C C Q C C `' O u Q Z C - LL a+ p CO >. Q C N O• N a Q N LL N - >oO O O a a r {L J W F O J N J W W J J J Lt F F F- LU LU' J. W O 4A C O Q - CLI = tU C L O ^ a+ i+ O 41 N Q c O 2 O S %0 CDP 2 J O H O O O 0 = en �• -i J 2 M 0% 2 O F cop ^ ^ C � tl 0. C O ¢L L > u Oc O '' io CL ca n o c X ^ cn v U c O w U 0 U ^ u O c Ot .0 a L CtL U CC t0i C C J t0 d Q a p tc. 0 O as >- 0 RI w 7 te ^ .� ,L1 C F F c L L L LO F J L C q cc J O 4.0 L 0 v v L3 N 0 41 a go 41 C^ O Q Of Qt 0 L L O m U X m L _ > 0 0 L 3 7 0 rA 4 - O w O 4 40 L L u L 41 . ++ O c O Of c -u 0 � u J OL — O 4 3' to 3 tD m X LA CD O J 7 O — O M m N 0 Lu a Q U a O 0 M u 4L+ C 41 a.t C A N N a.t N _ 4 4 a -- 0 •- d � O ^ 0 L- 0-Y. O O R v K N r O O CC m _ O tJf O C 0 :3 O O 0 0 0 0 ^ N C C C C Z C C U C E v - a+ O —Z ^ N M O ^ M ool50 . = O O O O O O O O O O O 7 N CO n P1 M O O S O O O r p M O N S J O U% M n Ln N S t+1 tt► — S .? ,L. S Q ^ S LA LA N C) K 4" c ri g rn o Y CD .O Cl o CL c ^ co to . y_ N _ o 0 0 0 7r 1 C 0 tco Y - .. c 7 Y - O^ tj 44 - .. c Q a . = N co O n • U% Oa O -SO tD 7 t+1 O N O N O U% O f� Y p O .- N O E ^ C; N N _ O F- tj M cc G F- O O O - Ln Y Y O O O 2 ul N X O C OI — tj O tj N N C ui W _ C O - C Q < O K C .U..r J o 0 C L - Y tp O m O t N 'O d Q ti.. L !L p " Y Y c- t!► N O V O !1 v G O OCD apa ^ L N = L O W u i.-. i r. co V - d ; 3 " N O— O— O— C d? Y O O w— =t Y _ O N - p c— c— L H U O O O �- Cl O= L W _ cc N Cf- UI tj M Y N Y Y }- O O 3 rut D LLS c t:. V Q1 > O L tj Q a0a p i %D L C L rra c u 7 Z F- V cn C U }- tj J- 1 00151 In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 77 In the Matter of Report Recapitulating Major Federal and State Legislative Issues The County Administrator having submitted to the Board a report dated January 31, 1977 (and attachment thereto) re- . capitulating major federal and state legislative issues affecting California counties addressed during the 1976 calendar year; IT IS BY THE BOARD ORDERED that receipt of aforesaid report is hereby ACKNOWLEDGED. Passed by the Board on February 8, 1977. I hereby certify that the fonnpinq is a true and correct copy of an order a dw on the minutes of said Board of Supervisors an the date aforesaid. Orig: Administrator_ W"my hand and the Seal of dw Board of Supervisors affixed "8th day ofFebruary , 19 _7Z J. R. OLSSON, Clark ay Deputy Cork Maxine M. NeiifeljY _ H-24 3P6 rsm 00152 County AdministratorBoard of Supervisors County Administration Building �'1�,�}�, t okstrkt Martinet;California 94553 ^,(t� �'�(�/ (415)372-4080 ("v`^ `�J Maacy U Falwrs 2nd Oistrlet Arlhur G.Mull Robed L feAroar County Administrator Std District _ Mfanord E ROMads ' 4th Oistrict Eric K"Mesukie 5th OWUiet January 31, 1977 RECEIVED Board of Supervisors I FEB g 1977 Administration Building, Room 103 1 R otsso.-4 Martinez, CA 94553 �A � °R" M Dear Board Members: Re: Legislative Issues Affecting California Counties Following is a summary recapitulation of State and Federal legislation. State Legislation About 3,500 bills were introduced during the 1976 calendar year of the 1975-76 Session of the State Legislature, and about one-third of the bills introduced--1,487--became law. Approximately one-fourth of the bills enacted into law (400) affected County government operations. Legislation of importance to County government was enacted in the following areas: Criminal Justice Determinate sentencing, traffic offense processing, revision of Board of Corrections membership to include local government representatives. General Government Local Appointive List Act. Health State and local health planning, developmental dis bilities. Juvenile Justice Treatment of juvenile offenders. Land Use and Resources Changes to Sub-Division Map Act, Coastal Conservation. Revenue and Taxation Re-appraisal of property damaged by calamities or natural disasters. 00153 Microfilmed with Eioafd "�W 2. Welfare Foster care, Food Stamp Administration, Social Service funding formula (efforts by the County Legislative delegation resulted in amendment to the State budget to provide a substantial -increase to the Contra Costa County allocation.) Generally speaking, the new State laws became effective January 1,1977. These measures have been referred to the appro- priate agency/departments for information and action. Federal Legislation Enclosed for your information is the Final Report of Congres- sional/Administrative Issues Affecting California Counties during the 94th Congress (1975-1976) prepared by the CSAC Washington, D.C. Office. Federal laws enacted during 1976 became effective on the dates signed, as indicated in the report. A copy of the report is being circulated to the appropriate agency/department. :fully, ART G. WILL, County Administrator AL:jep Enclosures 00154 . s CSAc WASHINGTON OFFICE - CONGRESS I ONALAADMINISTRATIVE. _ ISSUES Af E - F CTINC CALIFORNIA COUNTIES FINAL Contra Costa Coun', WASHINGTON REPORT RECElV=-D 94th Congress 1377 Offiice of 1975-1976 County Aanmini-t ctor COUNTY SUPERVISORS ASSOCIATION OF CALIFORNIA �LbAQ 00155;. Microfilmed with board order COUNTY SUPERVISORS ASS O C I AT I ON HEAOQUARTM—SuIT5 20t.I ITw&L UZO-SAO•AASWO.CA 16a14_fIKM t91&)L1IJ011 WASHINGTON OFFKX — I= NEW YORK,AVE_ K V_ SUITS 301. WASHINGTON. D. r— =M& PHONE(2021 21167573 OF CALIFORNIA EXECUTIVE COMMITTEE January 3, 1977 Presiddht: - SHANNON O.PATTERSON TO: RICHARD E. WATSON Tehama County First Vice President: SANDRAILSMOLEY FROM: JACK M. CSAC WASHINGTON REPRESENTATIVE Sacramento County Second Vice President: RE: FINAL WASHINGTON REPORT ON CONGRESSIONAL! CLAYTON A.RECORD.JFL ADMINISTRATIVE ISSUES AFFECTING CALIFORNIA Riverside County COUNTIES, 94th CONGRESS, 1975-1976. Immediate Past President: ARTHUR H.EDMONDS Yolo County This is the final Washington Report on Congressional/ Administrative WARREN N.BOGGESS Issues Affecting California Counties, 94th Congress, 1975-1976. Contra Costa County RALPHA.DIEDRICH The Bicentennial Year of 1976 itself is now history. The en- Orangecounty actment of major legislation in the rush to adjournment of late ADRI'NFONDSSE '76 assures the 94th Congress of its own place in history as San Joaquin County WILLIAM V.D.JOHNSON one of the most productive ever for California counties: In El Dorado County addition to revenue sharing and payments-in-lieu of taxes, QUENTINLKOPP the 94th Congress will be remembered for vital legislation re- San Francisco 1 ati ng to airports, alcoholism, BLM 1 ands, CETA, child day-care, FRANKLONG child support payments, coastal =one management, coulminity development, Mariposacounty drug abuse, economic development, emergency medical services, food JACKJ.MADIGAN stamps, forest receipts, health revenue sharing, highways, Buttecounty juvenile justice, land and water conservation fund, LEAA, public WILLIAMMateo County H•RO� San Maworks/anti-recession, rural development and solid waste. S'SANtaC ra Sancounty And now, as a new Congress and a new administration arrive in PETESCHABARUM Washington, the CSAC Washington Office is gearing up for what Los Angeles County promises to be an extremely busy 1977. It appears already TUNNEY%1LLIAMS that the serious attention of California county government Imperial County must be focused on major issues relating to: access to the new County AdministrativeOffieer: administration, air pollution, illegal aliens emergency medical RAYMOND D.JOHNSON services, bride improvement, outer continental shelf, collective County Counsel: bargaining, earthquakes, energy, environment, health insurance, JOHN B.CLAUSEN land use, medicaid reform, payments-in-lieu of taxes funding, Contra Costa County public employee retirement and workers' compensation, tax reform, water pollution and welfare reform. Copies of public laws, bills and regulations noted in the report and related materials are available to California counties through Executive Director the CSAC Washington Office. RICHARD E WATSON JMM/bsk Enclosure -- 00156 January 3, 1977 CSAC WASHINGTON OFFICE 94th Congress 1375-1376 CONGRESSIONAVADMINISTRATIVE ISSUES (SELECTED) AFFECTING CALIFORNIA COUNTIES FINAL WASHINGTON REPORT PAGE Air Pollution/Clean Air.................................................1 Airports.....................................................•...........1 Alcoholism. .............................................:.1 Aliens - Medical Service.. ...................... ......................1 Asphalt Tax Exemption...................................................1 BLMLands........................................................:......1 Bonds - Dealers.........................................................1 Bonds - Disclosure......................................................2 Bonds - Lease/Purchase..........:.......................................2 Bonds - Taxable Bond Options (TBO)......................................2 BridgeRepair...........................................................2 Census..........:.......................................................2 CETA/Public Service Jobs/Manpower.......................................2 ChildDay Care..........................................................2 ChildSupport Payments..................................................2 Civil Defense/Disasters.................................................3 Clinical Labs...........................................................3 Coastal Zone/Outer Continental Shelf (OSC)..............................3 CollectiveBargaining...................................................3 Community Action (CSA)..................................................3 Community Development/Housing...........................................3 Consumer Protection.....................................................4 Criminal Justice - Information and Privacy..............................4 Drug Abuse..............................................................4 Earthquakes.............................................................4 Economic Development Act (EDA)..........................................4 Electionsftl ti 1 ingual Bal lot .......................................4 Emergency Medical Services (EMS)........................................4 Energy..... ......... ..... :......................................5 Environmental Protection Agency (EPA)...................................5 Federal Grants and Cooperative Agreements...............................5 Federal Program Information.............................................5 Flood Insurance.........................................................5 Food Stamps - California °Cash Out°...................:.................5 Food Stamps - Public Assistance withholding.............................5 Food Stamps - Reform....................................................5 Forest Receipts................ ........................................6 Health Consolidation - Block Grants.....................................6 Health Insurance - National (NHI).......................................6 Health - Medicaid Reform................................................6 HealthPlanning Regulations.............................................6 HealthRevenue Sharing..................................................6 Health - Swine Flu......................................................6 Highways................................................................6 IndirectCosts..........................................................7 Interest on Demand Deposits. ..................................7 Intergovernmental Personnel Act (IPA)...................................7 .................. ...................7 Land and Water Conservation Fund........................................7 LandUse................................................................7 00157 _a CONGRESSIONAL/ADMINISTRATIVE ISSUES (SELECTED) AFFECTING CALIFORNIA COUNTIES FINAL WASHINGTON REPORT PAGE Law Enforcement Assistance Administration (LEAA)........................8 Library Aid..............................................................8 Mass Transportation.....................................................8 Mass Transportation - Labor Protective Agreements (Sec. 13c)............8 Minimum Wage/Overtime.........:..................................:......8 Older Americans.........................................................8 OSHA....................................................................8 Payments-In-lieu of Taxes (PILOT).......................................8 Planning - 701 Funds....................................................9 Postcard Registration...................................................9 Public Safety Officer Benefits...........................................9 Public Works/Anti-Recession.............................................9 Rangelands Protection. .................. .................9 Recreation - Santa Nonica�Mountains............ ......................9 Red Tape/Paperwork......................................................9 Rehabilitation......:...................................................9 Retirement (Pensions).............:.....................................10 Revenue Sharing (General).—................o.....o.00...o....o........10 Rural Development... ............ ......................................10 Social Security - County Employees Withdrawal...........................10 Solid Waste.. ............................... ........................10 Surplus Property........................................................10 Truck Weights............................................................10 Tule Elk........................ ........................................10 Unemployment Assistance (SUA)...........................................11 Unemployment Compensation...............................................11 Voter Rights........................................................:...11 Water Pollution..... ............................ ................... ..11 Welfare - AFDC Reform ..............................:.....:..............11 Welfare - Emergency Benefits Payments.......o.o....o....o.o...o........oil Welfare - Major Reform....................o........o...o.o..o...o.......11 Welfare - Social Services...............................................11 Welfare - SSI Cost of Living...........................:................11 Workers' Compensation...........................:.......................12 00158 Page 1 AIR POLLUTION/CLEAN AIR Conference report on Clean Air Act amendments (S.3219, HR 10498) defeated in Senate _ AIRPORTS PL 94-353 (HR 9771). Signed 7/12/76. Provides for continued expansion and improvement of airports. Authorizes $5.6 billion over 5 year period. Gives local government grantees greater flexibility in managing their affairs and assuming responsibility. DOT Appropriations: PL 94-038 (HR 14234). Signed 8/14/76. Sets $510 million ceiling on amount of money that could actually be obligated to states in the fiscal year. ALCOHOLISM PL 94-371 (S.3184). Signed 7/26/76. Three-year extension of the "Comprehensive Alcohol Abuse and Alcohol Prevention, Treatment and Rehabilitation Act." ALIENS - MEDICAL SERVICE HR 2159 and HR •3609, federal reimbursement for emergency medical and psychiatric care to indigent aliens. House: HR 2159 left pending before Subcommittee on Immigration, Citizen- ship and International Law (Judiciary). HR 3609 left pending before Subcommittee on Public Health and Environment (Interstate and Foreign Commerce). ASPHALT TAX EXEMPTION California couties supported amendment to HR 7014, energy bill, to exempt asphalt from all import levies and domestic taxes for that portion of crude oil allocated to production of asphalt cement. Purpose: To reduce costs of constructing county roads. Status: Conference report on S.622 adopted asphalt amendment. PL 94-163. Signed 12/22/75. BLM LANDS PL 94-579 (S. 507, HR 13777). Signed 10/21/76. "Federal Land Policy and Management Act of 1976." Provides land use management program for federally owned land administered by BLM. BONDS - DEALERS PL 94-29 (S.249). Signed 6/4/75. "Municipal Securities Act of 1975" regulates brokers, dealers and dealer banks to curb certain abuses in dealing in municipal bonds. CSAC joined Municipal Finance Officers Association (MFOA) in an effort to assure that the legislation adequately protects local government interests. 00159 caji 2 BONDS - DISCLOSURE Senate: S.2969, "Municipal Securities Full Disclosure Act." Hearings before Subcommittee on Securities (Banking and Housing). No final action. BONDS - LEASE/PURCHASE Internal Revenue Service held hearing on proposed regulations which, many California counties feel, would seriously Jeopardize availability of lease- purchase in California. Would require state enabling legislation before authority could issue obligations whose interest is not includable in gross income tax (i.e. tax-exempt bonds). IRS hearings failed to reveal national problems proposed regulations are designed to correct. BONDS - TAXABLE BOND OPTION (TBO) S.2800, HR 11214, provide federal interest subsidy for jurisdictions which issue taxable bonds. House: Ways and Means Committee passed. No final action. BRIDGE REPAIR HR 14890, HR 14900 expand the bridge replacement program under the federal-aid highway program, permitting funds for maintenance and repair. House: Hearings in Subcommittee on Surface Transportation (Public Works). CENSUS PL 94-521 (HR 11337). Signed 10/17/76. Authorizes a mid-decade census of the population of U.S., beginning in 1985 and every ten years thereafter. CETA/PUBLIC SERVICE JOBS/MANPOWER PL 94-444 (HR 12987). Signed 10/1/76. CETA Title VI extension of authorization through fiscal 177. PL 94-473 (HJ Res.1105). Signed 10/11/76. Funds CETA Title VI through 3/31/77 at fiscal '76 rate to maintain 260,000 Jobs. Extended administratively to 9/30/77. PL 94-439 (HR 14232). Veto overriden 8/30/76. Funds CETA Titles 1-4 for fiscal '77 at $3.3 billion. CHILD DAY CARE PL 94-401 (hR 12455). Signed 9/7/76. Delays staffing standards until 10/1/77 and gives states-additional $240 million under Title XX of Social Security Act during this period to upgrade day care programs. CHILD SUPPORT PAYMENTS --- PL 94-365 (HR 14484). Signed 7/14/76. Extending until 6/30/77 program of cniia collection payments. 00160 Page 3 CIVIL DEFENSE/DISASTERS Administration proposed to restrict Defense Civil Preparedness Agency (DCPA) funds to nuclear disaster preparedness rather than dual approach. California counties opposed. Senate and House attempted to amend Federal Civil Defense. Act of 1950 to authorize dual use for nuclear and natural disaster preparedness. However, Department of Defense asserts that language used in amendment does not permit natural disaster planning. No cut in matching funds for local governments and states even though total 1977 appropriation of-$82.5 million is slightly less than last year. CLINICAL LABS House: HR 14319, "Clinical Laboratory Improvement Act of 1976." Sets stricter standards for medical labs. Defeated on House floor (motion to suspend rules). Senate: Passed S.1737, "Clinical Laboratories Improvement Act." Makes all clinical labs subject to licenture by HEW or states with equally stringent controls. COASTAL ZONE/OUTER CONTINENTAL SHELF (OCS) PL 94-370 (S.586). Signed 7/26/76. Coastal Zone Management Amendments of 1976. Over 10 year period, provides $400 million in grants and $800 million in loans for state and local facilities and services generated by impacts of off- shore oil drilling. Off-shore oil developer must certify "consistency" with approved state coastal plan required. S. 521, which could make the first major changes in the Outer Continental Shelf (OCS) Lands Act of 1953, requiring more planning and consideration of new criteria in federal decisions to leave these resources for development by private enterprise. To conference. House rejected conference report. COLLECTIVE BARGAINING House Subcommittee on Labor Management Relations (Education and Labor) held hearings on HR 77, to extend coverage of National Labor Relations Act (NLRA) to state and local employees. No final action. Council on Wage and Price stability announced in April that it will launch major study of public employee compensation. Council charged with improving structure of collective bargaining re wage and price levels. COMMUNITY ACTION (CSA) HR 8578 amends Community Services Act of 1974 to restore 80/20 matching for Co=unity Action agencies. Counties testified that they will not be able to help CAA's meet their increased needs for non-federal cash. Passed House. Administrative action waives local share for CAA's with hardships. COWUNITY DEVELOPMEWHOUSING PL 94-375 (5.3295). Signed 8/3/76. Housing Authorization Act of 1976. Full fundine for community dpvelooment at $3.248 billion. Revives traditional public 00161 Page 4 COMMUNITY DEVELOPMENT/HOUSING (continued) housing. Authorization bill provides $200 million "set aside", $100 million "hold harmless" and $100 million for SMSA balance, thus aiding smaller communities located in metropolitan area. Appropriations bill: PL 94-378 (HR 14233). Signed 7/76. $3.24 million. CONSUMER PROTECTION PL 94-284 (5.644). Signed 5/11/76. Extends Consumer Product Safety Commission for 3 years. Provides that Commission could permit different state or local standards offering a higher degree of protection. House: Passed HR 7575, its Agency for Consumer Protection bill. To Conference. No action. Senate: S.200, passed by Senate, establishes an independent Agency for Consumer Advocacy to represent consumer interests before other federal agencies and the courts. To conference. No action. CRIMINAL JUSTICE - INFORMATION AND PRIVACY S.2008, HR 8227, "Criminal Justice Information Control and Protection of . Privacy Act of 1915." Senate: Hearings in Subcommittee on Constitutional Rights (Judiciary). DRUG ABUSE PL 94-237 (S.2017). Signed 3/20/76. Amends the "Drug Abuse Office and Treat- ment Act of 1972." Office of Drug Abuse Policy in the White House extended through September 30, 1979. Authorizes $694.2 million for programs over the 3 years. EARTHQUAKES S.1174 (Cranston), "Earthquakes Disaster Mitigation of 1975." CSAC supports. Authorizes $150 million over next three years to study ways to predict earth- quakes and reduce damage from them. Rejected on House floor (motion to suspend rules). ECONOMIC DEVELOPMENT ACT (EDA) EDA expired June, 1976. PL 94-487 (S.2228). Signed 10/12/76. Extends Act three years. Includes extension of Title X Job Opportunities Program. ELECTIONS/MULTILINGUALBALLOT House: HR 10977 eliminates statutory requirement for printing election ballots in languages other than English. Justice Department issued modifications of interim guidelines (April 22,1976). Left pending in Subcommittee on Civil Rights (Judicary). EMERGENCY MEDICAL SERVICES (EMS) of OA-573 (S.25aR1, cinnati inncn6. Three year extension EMS systems in 300 regions. Authorizes $245 million in FY '77-'79. Includes change to ensure that local governments will continue to support their regional care prter federal federal funding runs out. � (s ' Page 5 ENERGY President signed (7/30/76) Executive Order establishing Federal Energy Office in the Executive Office of the President. Action made necessary by the expiration on 7/30/76 FEA and failure of Congress to extend. PL 94-385 (HR 12169). Signed 8/14/76. 18 month FEA extension bill. Requires HUD to develop within 3 years thermal efficiency performance standards for state and local housing codes. Congress must approve . sanctions before implementation. Contains other-major energy production and conservation features. ENVIRONMENTAL PROTECTION AGENCY (EPA) EPA, in response to Court Order, has proposed new guidelines for distributing $137 million in additional funds for Sec. 208 water quality management throughout the nation. These funds will be limited to state and areawide agencies designated during FY 176. FEDERAL GRANTS AND COOPERATIVE AGREEMENTS S.1437 distinguishes federal grant and cooperative agreements from federal procurement relationships. Vetoed. FEDERAL PROGRAM INFORMATION S.3281, HR 14741 require computerization and improvement of data in the federal aid catalog. Passed Senate. No House action. FLOOD INSURANCE PL 94-375 (S.3295). Signed 8/3/76. Extends until 9/30/77 the National Flood Insurance 'Program. FOOD STAMPS - CALIFORNIA "CASH OUT" PL 94-379 (HR 14514). Signed 8/10/76. Allows California to continue food stamp "cash out" for SSI recipients. Requires passthrough of $3 dollars of federal cost-of-living increase for fiscal '77 and full passthrough in fiscal '78. FOOD STAMPS - PUBLIC ASSISTANCE WITHHOLDING PL 94-585 (HR 13500). Signed 10/21/76: State option to deduct food stamps allotment from welfare check and send food stamp coupon with grant payment. FOOD STAMPS - REFORM House: Agriculture Committee reported out HR 13613, reform bill. Includes "cash out" feature for aged, blind, disabled. No final action. Senate: Passed S.3136, reform bill. 00163 Page 6 FOREST RECEIPTS PL 94-588 (5.3091, HR 15069). Signed 10/22/76. National Forest Management Act of 1976. Return to counties based on "gross" rather than "net." HEALTH CONSOLIDATION - BLOCK GRANTS President proposed to consolidate 16 health programs (including medicaid) into a $10 billion block grant program to states. Bills introduced. No hearings. HEALTH INSURANCE - NATIONAL (NHI) Economic concerns slowed debate on national health insurance (MI). California counties actively participated in NACo Health and Education Committee and its Subcommittee on National Health Insurance in developing and advancing national county position. Catastrophic: Bills to provide 'catastrophic insurance" as first step in incremental approach to NHI. S.2470 (LONG - RIBICOFF) catastrophic health insurance. Cost: $7 billion per year. No final action. ' HEALTH - MEDICAID REFORM Bill introduced, hearings held. No final action. HEALTH PLANNING REGULATIONS On 3/26/76, HEW published the final regulations that will govern the development of 211 health systems agencies (HSA's) under PL 93-641 (1/4/75), "Health Planning and Resource Development Act of 1974." HEALTH REVENUE SHARING PL 94-63, 7/29/75. Congress overrode veto of S.66 health revenue sharing bill. Authorizes $2.2 billion for FY '76 and '77 for comprehensive health services block grants, family planning, community health centers, rat control, home health services, nurse training. HEALTH - SWINE FLU PL 94-380, (S.3735). Signed 8/12/76. National Swine Flu indemnification bill. Would protect local health departments that provide inoculation free of charge against baseless liability claims. HIGHWAYS Highway trust fund expires 9/30/77. Program authority expired 6/30/76. PL 94-280 (HR 8235). Signed 5/5/76. Extends federal aid highway program and trust fund two years. Provides $7.9 billion annually for FY '77 and '78. MPO's: Key section calls for study of urban planning process, including MPO's. DOT Appropriazions: PL 94-038 (HR 14234). Signed S i4i76. Sets S7.2 t!!!!::: ceiling on new highway obligations. 00164 Page 7 INDIRECT COSTS CSAC working with General Services Administration (GSA) and Office of Management and Budget (OMB) in effort to assure that all federal agencies will allow indirect costs of federally assisted grant programs. INTEREST ON DO" DEPOSITS House: Passed bill similar to Senate version, HR 3035. Senate: Senate Banking Committee reported 5.3163, a bill to permit interest to be paid on demand deposits (checking accounts) of states, counties, cities. No final action. INTERGOVERNMENTAL PERSONNEL ACT (IPA) President signed appropriations bill restoring IPA funds to the $15 million level for FY '77. House: HR 4415, to extend IPA two years went to floor with 75% federal matching. Floor amendments changed sharing to 50%. Bill would permit public employee organizations to apply directly to U.S. Civil Service Commission for training funds. Passed. Senate: S.957, similar to House measure in Senate Committee on Government Operations. 75% federal matching. Anticipated that training fund for public employee organizations will require county approval. Not reported out of committee. JUVENILE JUSTICE PL 94-503 (S.2212). Signed 10/15/76. Crime Control Act of 1976. Re- authorizes LEAA for 3 years at $2.48 billion level through 1979. Requires that 19.15% of all LEAH funds appropriated go for juvenile justice programs. LAND AND WATER CONSERVATION FUND PL 94-422 (HR 2763). Signed 9/28/76. Present fund authorization at $300 million will increase to $600 million in 1978, $750 million in 1979, and $900 million from 1980 to 1989. LAND USE On a vote of 23-19; the House Interior Committee defeated HR 3510 (Udall), the land use bill. Would have provided $500 million in grants to encourage states to develop planning programs within federal guidelines. In the after- math, Congressman Udall introduced HR 8932, incorporating amendments approved prior to the crucial vote. 5.984 (Jackson),. Subcommittee on Environment and Land Resources (Interior) hearings held. No final action. Interior appropriations_ bill abolished Office of Land Use. 00165 Page 8 LAW ENFORCEMENT ASSISTANCE ADMINISTRATION (LEAA) PL 94-503 (5.2212, HR 13636). Signed 10/15/76. Reauthorizes LEAA for 3 years at $2.48 billion level through 1979. "Mini" block grants to counties over 250,000 population. Earmarks funds for juvenile delinquency. LIBRARY AID House: Passed HR 11233, extending Library Services and Construction Act for 5 more years. Sets specific authorization figures, totaling $385 million, for only next 3 years. Provides matching grants to states and localities for books, supplies and operating expenses. MASS TRANSPORTATION Senate passed S.622, HR 3155, Urban Mass Transportation Act Amendments. Would have allowed $500 million for rural and semi-urban areas public transportation to be used for operating as well as capital costs. Addressed transit needs of elderly and handicapped. MASS TRANSPORTATION - LABOR PROTECTIVE AGREEMENTS (Sec. 13c) , Reflecting California county concerns, NACo took a position calling on Congress, DOT and DOL to conduct study of administration of Section 13(c) of UMTA Act of 1964. Draft guidelines prepared. MINIMUM WAGE/OVERTIME U.S. Supreme Court overturned the 1974 FLSA amendments applying minimum wage and hour provisions to state and local public employees (6/24/76). Decision thus blocked HR 10130 which would have increased overtime provisions for county employees covered by FLSA to 2 1/2 times regular hourly rate. OLDER AMERICANS PL 94-135 (HR 3922). Signed 11/28/75. Extends Older Americans Act through • - 6/78. Increases authorization to $1.7 billion for 3 years, Act provides system to deliver coordinated comprehensive services at the community level. One provision directs HEW to publish regulations prohibiting discrimination regarding age in any program receiving federal funds. OSHA Federal Register (12/17/75) amendments require minimum safety standards for public employee programs as effective as standards for private employees. Federal Register 1/13/76 indicated California had met stated conditions for operational status. PAYMENTS-IN-LIEU OF TAXES (PILOT) PL 94-565 (HR 9719). Signed 10/20/76. Payments-in-lieu of taxes to counties based on federal entitlement lands within county. Entitlement lands include national forests, national parks, BLM lands, wilderness areas, Army Corps of Engineers projects and ;.,.:eau of 00165 Page 9 PLANNING - 701 FUNDS PL 94-378 (HR 14233). Signed 8/9/76. HUD appropriation bill. Provides $62.5 million for 701 program (authorization $100 million). Administration requested $25 million. Last year's funding, $75 million. POSTCARD REGISTRATION House: Passed HR 11552. Would have been effective immediately. Creates Voter Registration Administration which would circulate postcard registration form. Mass mailing deleted. Exempts states already using postcard registration forms that meet federal standards. - $50 million authorized to reimburse states and local governments for processing costs. PUBLIC SAFETY OFFICER BENEFITS PL 94-430 (HR 366). Signed 9/29/76. Provides $50,000 benefit to.surviving dependents of certain public safety officers who die in the performance of duty. PUBLIC WORKS/ANTI-RECESSION PL 94-369 (S.3201), passed over veto 7/22/76. Grant authorizations: $2 billion public works; $1.25 billion anti-recession; $700 million sewage treatment construction. Appropriations: PL 94-447. $2 billion, $1.25 billion and $480 million. RANGELANDS PROTECTION S.2555, "National Rangelands Policy Act of 1970 to Senate floor. Secretary of Interior required to consult counties during preparation of rehabilitation and protection program. RECREATION - SANTA MONICA MOUNTAINS Senate: Passed S.1640, creating Santa Monica Mountains and Seashore Urban Recreation Area. RED TAPE/PAPERWORK PL 94-280 (HR 8235). Signed 5/5/76. New highway act. Calls for study of Metropolitan Planning Organizations (MPO's). House: HR 12048, Congressional review of regulations. Defeated on House floor. HR 9801, HR 8231 provide method for Congress to control Executive Branch in promulgation of regulations implementing laws. In Rules, Subcommittee on Administrative Law and Governmental Relations (Judiciary). No final action. REHABILITATION PL 94-230 (HR 11045). Signed 3/15/76. Authorizes funds to extend provisions of Rehabilitation Act of 1973. Authorizes appropriations of $822,I00,000 in fiscal '77 and contingency appropriations of $847,100,000 in fiscal '78 in event act automatically extended. Matching grants to states for vocational rehabilitation programs for the physically and mentally handicapped. 0016~1 Page 10 RETIREMENT (PENSIONS) HR 13040, "Public Employee Retirement Act of 1976" (PERSA) referred to Committee on Education and Labor. No final action. Would have required public pension plans to meet federal reporting, disclosure and fiduciary requirements. Would have allowed indirect federal regulation of funding standards and methods. Congress awaited study by House Pension Task Force, due at end of year. REVENUE SHARING (GENERAL), PL 94-488 (HR 13367). Signed 10/13/76. Extends general revenue sharing 3 3/4 years at $6.65 billion annually. RURAL DEVELOPMENT PL 94-259 (HR 6346). Signed 4/5/76. Authorizes funds for fiscal years 1977 through 1979 for rural development. PL 94-351 (HR 94351) Signed 7/12/76. Appropriations bill,$200 million in grants and $600 million in loans for water and waste disposal programs. SOCIAL SECURITY - COUNTY EMPLOYEES WITHDRAWAL Social Security Subcommittee (Ways and Means) held hearings on present procedures for terminating social security coverage for state and local government employees. SOLID WASTE PL 94-580 (S.2150). Signed 10/21/76. "Resource Conservation and Recovery Act of 1976." Authorizes funds to states for planning and implementation of Solid Waste program. Promotes area wide solid waste planning. SURPLUS PROPERTY PL 94-519 (HR 14451). Signed 10/17/76. Permits donation of federal surplus property to state and local organizations for public purpose. TRUCK WEIGHTS .. HR 1867 (Koch) would repeal legislation permitting states to increase weight limits for trucks on interstate highways. Status: Heard by Subcommittee on Surface Transportation (House Public Works). A House floor amendment to the highway bill (HR 8235, PL 94-280) to roll back truck weights to levels required prior to 1974 was defeated in December, 1975. TOLE ELK PL 94-389 (HJ Res 738). Signed 8/14/76. Provides for federal participation in preserving Tule Elk population in California. Secretary of Interior is required to develop -plan for Tule Elk restoration and conservation, including habitat management, and to integrate the plan with comparable state and local 00168 Page 11 UNEMPLOYMENT ASSISTANCE (SUA) PL 94-566 (HR 10210). Signed 10/20/76. Extends Supplemental Unemployment - Assistance (SUA) through 12/31/77. UNEMPLOYMENT COMPENSATION PL 94-566 (HR 10210). Signed 10/20/76. Extends regular unemployment compensation to local government employees effective January 1, 1978. House rejected CSAC-supported amendment to exclude state, local employees. PL 94-444 (HR 12987). Signed 10/1/76. Federal government benefits based on (CETA) public service jobs wages-retroactive to 1/1/76. VOTER RIGHTS PL 94-73 (S.1279, HR 6219). Signed 8/6/75. Voting Rights Act of 1965-Extension. Extends Act, makes permanent the ban against certain prerequisites to voting and expands the coverage of the Act to certain jurisdictions in which language minorities reside. WATER POLLUTION Conference failed to report Clean Water Act amendments. (HR 9560, 5.2710, S.3037). °404° Permit Program: Amendments to "404° debated as part of HR 9560. EPA, in response to Court Order, has proposed new guidelines for distributing $137 million in additional funds for Sec. 208 water quality management throughout the nation. These funds will be limited to state and areawide agencies designated during FY '76. WELFARE - AFDC REFCRM Several proposals discussed, but no final action in either Hcuse or Senate on AFDC reform. WELFARE - EMERGENCY BENEFITS PAYMENTS HR 860, MR 4099, would authorize social security administration to issue • duplicate checks to adult SST/SSD recipient when their federal warrants are lost, stolen or undelivered. House: To Ways and Means Committee. WELFARE - MAJOR REFORM No major welfare reform this session. CSAC joining in new NACo welfare re- form study. WELFARE - SOCIAL SERVICES President Ford introduced block grant social services program;. No action. WELFARE - SSI "COST-OF-LIVING" PASS ON PL 94-Sts5 MK tsauu). Signed 16/21/76. Rcyu;ioa �:�nt SSi annual cost-of-living increases. pU169 Page 12 YORKERS' COMPENSATION Houser Hearings on HR 9431, workers' compensation legislation affecting public employment, by Subcommittee on Manpower (Education and Labor). Reported out HR 15609. No final action. Senate: Hearings on Senate version, S.2018,'by Subcommittee on Labor (Labor and Welfare). Ho final action 00170 s • In the Board of Supervisors of Contra Costa County, State of California February 8 . 19 77 In the Matter of Designation of Representative to Advisory Group. The Board saving received a letter from Mr. Harry L. Parrish, Assistant Director for Hass Transportation, State Department of Trans- portation, 1120 H Street, Sacramento, California 95814, inviting designation of &-L-Countyrspreseatative to an advisory group to assist in transportation demonstration projects is the Sacramento-Stockton- San Francisco corridor, pursuant to Section 2172 of Senate Bill 1879, Statutes of 1976; IT IS BY THE BOARD ORDERED that Mr. Mark Kermit, Deputy Public Works Director, is hereby DESIGHATED as a representative to said advisory group. PASSED by the Board on February 8, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid cc: Public Works Director 1Meness my hand and the Seal of the Board of 2x. hark Kermit Supervisors Mr. Harry L. Parrish affixed this 8th day of_February 19 77 State Department of Transportation �. R. OLSSON, Clerk By Deputy Clerk H-24 3/7615- pU1'71 In the Board of Supervisors of Contra Costa County, State of California February 8 19 77 In the Matter of Acceptance of an Offer of Dedication, for Recording only, Appian Way 711271 IT IS BY THE BOARD ORDERED that the Offer of Dedication of an easement for drainage purposes, from Shen Fu Liang is ACCEPTED for re- cording only. Said document, dated January 26, 1977, is required as a condition of approval of Development Permit 3022-74. PASSED by the Board on February 8, 1977. r\ rn 00 3 CL n 0 0 0 cc 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Wetness my hand and the Seal of the Board of Originator: Public Works Department ervisors • Real Property Division p affixed W48th day of February 19 77 cc: Recorder (via P/W) Public Works Director Director of Planning J. R. OLSSON, Clerk Land Development By ,,� /°o`•.xo . Deputy Clerk Ni. Pous H-24;J:6 15m OU1'72 C In the Board of Supervisors of Contra Costa County, State of California February 8 . 1977 in dm Motor of Request for Study of Program re Pre-Trial Jail Population, Middlesex County, Massachusetts. The Board having received a January 28, 1977 letter from Mrs. Louise Clark, Lafayette, transmitting copy of letter from Middlesex County Sheriff's Department, East Cambridge, Massachusetts, which indicates the average pre-trial jail population in said county diminished from 94 to 73 after implementation of speedy trial and bail programs, and urging that an investigator be sent to Middlesex County to study said programs; IT IS BY THE BOARD ORDERED that the aforesaid request is REFERRED to the County Administrator and County Sheriff-Coroner for report. PASSED by the Board on February 8, 1977. I hereby certify that the foregoing is a true and corned copy of an order wowed on the minutes of said Board of Supervisor on the date aforesaid Witness my hand and the Sinal of the Board of cc: County Administrator Supervisors County Sheriff—Coroner affixed this 8th day of February . 1977 County Counsel Public Information Officer Pars. Louise Clark /t J R. OLSSON, Clerk 6 Blackthorn Road By L.' /�L1/ Deputy Clerk Lafayette 94549 Helen C. shall H-24 3P6 15m 00173 In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 77 In the Matter of Approval of Amendment of Contract #35044-316-736-2310, Payment Pro- visions only. The Board having considered the request by the County Probation Officer and recommendation of the County Administrator; IT IS BY THE BOARD ORDERED that the Chairman is AUTHORIZED to execute on behalf of the County an amendment to Contract #35044-316-736-2310 with James F. Austin, Consultant to substitute Pa ent Provisions (Cost Basis Contracts) for the present format, Payment Provisions (Fee ass Contracts). There is no change in payment limit or service. PASSED BY THE BOARD ON February 8, 1977. I hereby certify that the foregdng is a true and correct copy of an order entered an the minutes of said Board of Supervisors on the date aforesaid. cc: County Probation Officer Witness my hand and the Seal of the Board"of Attn: Wallace C. Donavan Supervisors Contractor affixed this 8th day of February , 1977 c/o Probation Officer — County Auditor-Controller County Administrator J. S. CLESSON, Clerk B ' Deputy Clmk, H.1.1 In615m 00174 Number 35044-316-736-2310 1. identification of Contract to be Amended. Number: 35044-316-736-2310 Department: Probation Department . Subject: Evaluation of Projects, Open -Space, Community Detention and Pittsburg-Antioch Diversion Effective Date of Contract: November 1, 1976 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: James F. Austin Capacity: An individual Address: 2049 Oak Street, 11 San Francisco, CA 94117 3. Amendment Date. The effective date of this Contract Amendment Agreement Is November .i, 1976 4. Amendment Specifications. The Contract Identified above Is hereby amended as, set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Legal Authority. This Contract Amendment Agreement is entered into under and subject to the following legal authorities: California Government Code, Sections 31000 and 26227 and 53703; Penal Code Section 1203.4 6. Signatures. These signatures attest the parties` agreement hereto. COU. C COSTA, CA NIA CONTRACTOR 4."VA, . +, ++. BY Chairman,• Boar¢ of 5 e isors A (Designate official capacity in business Attjsi�: , J. R. Olss on, $County Clerk affix corporation seal) State of California ] County of Contra Costa ) Deputy '�'•'� ' •t .. ACKNOWLEDGMENT (CC 1190.1) The person signing above for Contractor Recommended by known to me In those individual and _�✓z/f� business capacities, personally appeared eApproved: before me today and acknowledged that he/ �^� they signed it and that the corporation or partnership named above executed the within instrument pursuant to itsbylaws County Counsel or a resolution of its board of directors. Dated: atirc�.' By D_r+lty Nato.7-P.Hc/Dep .Q_n t,! k Microfilmed with bDard order. � j "AMENDMENT SPECIFICATIONS" Contract Number: 35044-316-736-2310 The contract Identified by number above Is hereby amended in order to correct the mutual error of the parties herein regarding contractor's method of payment. Contractor and County %gree to delete Payment Provisions (Fee Basis Contracts) in its entirety and in its stead substitute Payment Provisions (Cost Basis Con- tracts), attached hereto as Exhibit A and by this reference Incorporated herein, while all other parts of the contract remain unchanged and in full force and effect. There is no change in the payment limit of the contract herein. ,, 00175 Contra Costa County Standard Form . _ PAYM*T PROVISIMS (Cost Basis Contracts) Humber 35044-316-736-2310 1. Payment Basis. County shall in no event pay to the Contractor a sum In 'excess of the total amou t specified in the Payment Limit of this Contract. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to the Contractor for all services provided for County under this Contract shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Contractor's obligations under this Contract. 2. Payment Amounts. Subject'to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Contract, County will pay Contractor: ' [ '] a. $ monthly, or . j ] b. '$ per unit, as defined in the Service Plan, or c. An amount equal to Contractor's allowable costs that are actually• Incurred each month, but subject to the "Budget of Estimated Program Expenditures" Included in the Service Plan. t 3. Allowable Costs. Contractor's allowable costs are only those'Which are determined in accordance with: [Chet; one alternative only.] [ ] a. General Services Admini tratIon Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Costs Applicable To Grants. and Contracts With State and Local Governments) and Attachment B ' (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other documents (if any) specified in the Service Plan regarding: (1) Principles for determining and allocating the allowable costs of providing those services set forth In the Service Plan, apd (2) Standards for determining the allowability of selected items of costs of providing those services set forth in the Service Plan, or [X] b. Such State regulations and documents as are set forth in the Service Plan regarding accounting guidelines, including standards for determining allowable or non-allowable costs. 4. Pa},ment Demands. Contractor shall submit written demands monthly or as specified in 2. (Ps}ment Amounts) above, for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the wanner and fora prescribed by County. Contractor shall submit said demands for payment.for services rendered no later than 90 days from the erid of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Contract is made or his designee, County will make payments as specified in Paragraph 2. (Payment.Amounts) above. - - EXHIBIT "A" (A-:61$ PW! 6/76) -Qo177 Contra Costa County Standard Fors PAST PROVISIONS -(cost Basis Contracts) - 'Nwber 35044-316-736-2310 5. Right to VIthhold. County has the right to.vithhold payment to the Contractor whea, in the opinion of the County expressed in writing'to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is -insufficiently documented, (b) the Contractor has neglected, failed or refused to - furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than sixty (60) days following the _ termination of this Contract, Contractor shall submit to County a cost report in' the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Contract. If said cost report shows that the allowable costs, that have actually been Incurred by Contractor under this Contract exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will resit any such excess amount to Contractor, but subject to the Payment Licit of this Contract. " If said cost report shows that the payments made by County pursuant to Paragraph 2. (Paymant Amounts) above exceed the allowable costs that have actually been incurred -by Contractor under this Contract. Contractor shall remit any such excess amount-to, County. t: 7. Audits. The records of the Contractor may be audited by the County, State, _ or United States government, in addition to any certified cost report or audit required by the Service Plain. Any certified cost report or-audit required by the Service Plan . . shall be submitted to County by Contractor vitbin such period of time as may be expressed .by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Contract. If such audit(s) show that the payments made by County pursuant to Paragraph'2. '(Payment Amounts) above exceed the.' allowable_ costs that have actually been incurred by Contractor under this Contract, Including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30-days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pur—' scant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Contract_ 8. audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) • ,above, Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from may audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract. ' _ EXHIBIT "A" - - (A-4618 Rn 6/76) -2= OU1'78 "- - In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 77 In the Matter of Hearing on the Recommendation of the Planning Commission (2045-RZ) to Rezone Land in the Port Chicago Area. The Board on January 11, 1977 having fixed this time for hearing on the recommendation of the Planning Commission (2045-RZ) to rezone 3025.46 acres, the United States Naval Weapons Station, located in the old Port Chicago town site, Port Chicago area, from Heavy Industrial District (H-I), Light Industrial District (L-I), Commercial District (C), Retail Business District (R-B), Multiple Family Residential Districts (h1-1) and (1-1-2), Single Family Residential Districts (R-6) and (R-10), Forestry Recreation District (F-R), Unrestricted District (U) and Tr-Zpned to General Agricultural District (A-2); and No one having appeared in opposition; and Mr. A. A. Dehaesus, Director of Planning, having advised that a Negative Declaration of Environmental Significance was filed for this proposal; and The Board having considered the matter, IT IS ORDERED that the recommendation of the Planning Commission is APPROVED. IT IS FURTHER ORDERED that Ordinance Number 77-14 giving effect to the aforesaid rezoning is INTRODUCED, reading waived and .February 15, 1977 is set for adoption of same. PASSED by the Board on February 8, 1977. I hereby certify tha! the foregoing b o true and correct copy of an order enured on the minutes of said Board of Supervisors on the date aforesaid. cc: Director of Planning Witnen my hand and the Seal of the Board of County Assessor Supervisors affixed this 8th day of_ February ig 77 R. OLSSON, Clerk iBy Deputy*Clerk onda Amdahl H-24 3/76 Ism 00179 In the Board, of Supervisors of Contra Costa County, State of California AS EX-OFFICIO THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT February 8 , 19 3L 1n the Matter of Approving Inspection Services Agreements for the Apparatus Repair Shop at 2945 Treat Blvd., Concord (2025-2025-7710-603). The Board of Supervisors, as ex-officio the governing board of the Contra Costa County Fire Protection District, APPROVES,;, and AUTHORIZES the Public Works Director to execute;= Inspection Services Agreements with Messrs. J. M. Nelson and Robert G. Grady for review of contract documents and construction inspection for the Apparatus Repair Shop at the Fire College, 2945 Treat Boulevard, Concord, said agreements effec- tive February 8, 1977. PASSED by the Board on February 8, 1977_ 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Originator: Public Works Dept. Wim my hand and the Seal of the Board of (Bldgs & Grnds) Supervisors affixed this &b day of cohr„ary . 1977 cc: Public Works Department Agenda Clerk J. R. OLSSON, Clerk Building Projectsaz� County Audi tor-Control lerByi��G�G�w; Deputy Clerk J. Dye dean L Miller Inspectors H-24}/7615m001 00 e e Tf +a ' e " ii' Z 4it;a wt, 5 �, Aifs1 � giIF'i9.' ., k� y .".S F'r 'Y .,Y� ,•, k. • "++ .y r'°E �2'' �jR Ci x s "sr s ' F `t '' c yLfk` ay'., .rH w++:.gw �u � Sp6QL ��thn'thFw W,9 I< �titl^«iSll �t 2 3�1vn� �,41V3.Ce«i t� rs �a a v f � .—.-..._..,.,��, £.Cy flt til• 4iu'ir - , �r n.''"`,,,aa""� 7 1• $O�Cil Cy Ift{16+L11:: Ti1eSC .,jtCCisl COtttlii.iltn.rt12C` itt(.OZ'�OrdtL(! f r 1 ♦ '� ;� Cb �» -C x ,+. t�� ae�� �k..a.yµ� .��'"`��,ro,2� r.���.�°" `d�we 't�yfiv�-�L,�S,� '''�" Ufa' Ra yam' b) k Ins ecta '�xtlai � Address P � .• -� J M._Nelso' 7905�Pacheco�Bouleirard� ` c) ' hrfecl�iD.t F rua : 8VA9?7� � � � ��. . d) Sroject's Yssae? ar�d LocaLio � A ratus air,FSho 29A5 Treat . » Boulevard,..Concords(BudgevkUne.Item°Na': fi v C)3- itateoi Cotapersatlorr8 per OUr X N +Z.N•.�t•. s.a 'r"d Gott'V 'Tt�t�r aiHn$tu;es�dCtest��t����is:�r.'.tie:;!��a��eemen�h�Z'C O� '� ;: x m � ,3x � .d��a. eF,f-'T �x'c`k"-'r x ,�+,,u�y. s «�4. ��+��.'i�-�,3+'ks ���,�,?n�,..t'F�F:"��,-',��F+,• »t s P[IBLZC AG CY 't'ogtrd Std COUItt;I Pub3.ic ttorks liirec `� e�� also mar - 3 Parties.' Efz'ecti�e"on the'above e;=t[t csbove "namedi ytlblxC,�igenc (ok7ier-) and the above named{Inspector m�:iru.s]i air�e an 4protais - t 7;5 a s° s,,' a a s' vada w `.�-, -kms` r' cter` a q c..v� ...a;, ^g '':'^ . `. ` r C' ✓':�"'"''�'"i..'sy..,, ',,3:' ,.,< r'"s..4.".^ .s a ,F �; �l Gene~al ,-�ual:K�ic�torist 1< GonIit'o:�� � "r t` !;IicAency herebyM conc s c Inspector; zs�oa spec ally •.r..izied, tin r tencccl, e:xoel•t and�c4, . ietent 'to erfor the ecial� et �neer'i%i r .:it 's � °tere x n ., wive. �e viers' of a constructionssupervlsor, aad in�pectoi �� k r 3rc3udinaw those a�sociai.e with the;continuous can^tru tion"su�ervisioiiOE t p tion, co�nonly Intown'�a a �.re -.� 3�r p`f.�..5^# � 3F'*,N. > GGler1. of the: kforat, 3nsconnect3a �diththeaveconstructom prafe�c , ch ;servlces�are necessarily incidbhC ta�Wthe sc vices;oerPorete the Public Abeney; bf architec..s avid en inner... ii, the�desibn an con` . ��a struction supervlsia-��of coastruct2on p~o3,ec�sThisagreemen doesno 'g ro i;. " a,.rr ,,' 'u«ra;.*' 3;,�.1.,,L `` „t• $- 1 " mss:.: '�'`" ...... preclude ot:�eres�ployrntotheIn.,nectai doesnot .nteer with. r v t ��T w ►� t wa ; tY r u X57 the dutiss and lsour3ofwo �quiredhe n p + � � , "�" ,.r n� 3• � r ,�' �,,x`"}i' �� �'"��'�rt�w ��"+3 � � "'�'�° ,x'r'z k'd'" '�"C��y�. 5. Tema The duration�aP thiscontei tts aetrat3on�oLE this` w constructiaz pro3ect, yut e3CterPatYnddte r. nat33,it b giving =30r, . �li days advance wr XTenh notic to �t2ie other ¢�f K.Y,R9 `".s.?.-' a+ b: =General ;Duties a� ?if t~uction� 'hu Ih�p�c�*t`tscasr ctionA supervision-..tid ,n.•gecLion services'{incluite L1.3Ya2lowin�, generaLd4Cre and instruction3 = u a. Statu.. oti, independent: cart; t:e2atio t.•niv7,77t•3 t�t� ..tri c fiF��:scy arm, 0.&1 " which .exits beow-t:. the Public i�,etioj a.131£ t ^ctii act abut he is sab 'w ordinate to �"+,�k�� d�sl yr�;'so.r�tti;erhpexsd+►,r;,�zs�h,ciGi•,a♦.•d�xt'o- r, ��.;enh A r�.a,i�:_i�.�List+ut��d:'�.-����.�ih{,it.�l,��a,�.�,�,:�t..s � ,�: ` ec6. sbl�erd] "�t ttn cam�tracrloE7fi1,i c � s � t �: ", � :�e,�,a•.. S - "� �.:� w� �,�xd �_?"�xN 4`�-sha.�,'� ,�� ^^�"�s ;v-aw.q m�"`��"ry",x�y,�"" '��..'�}.�.�,+a a'.l° .. •^.`�¢��,� s , _. i +x� (•� TC.i..#54'rk rt xf. "`rz'+4:?`a"` "� a� t'„�? �.+r s ",�eGaT - ' �'��'� '��'form Approved by tounty�t:ounsel�1,. 71 �,�� �� M4cr+afiGn�Mdwrth6oc�/� Status & Relationship with Contractor. He shall m�' tain a dignified but understanding rel, inship with the workmen on the ;,,o but he shall conduct business only through the contractor's job superintendent, and shall not give instructions directly to -the Contractor's employee(s) or subcontractor(s); and he shall immediately advise the Architect of any case where the Public Agency representatives give instructions to the Contractor's employees. c. Public Agency-Contractor Coordination. He shall effectively maintain close coordination of the Contractor's work and the owner's requirements by fre- quent, regular conferences or other suitable means, especially where projects invo)ve alterations or modifications of or additions to an existing function- ing facility, which must be maintained as an operating unit during conduct of construction work, and therefore require special alertness to job conditions which may affect such continuing operations. He shall coordinate necessary interruptions of normal owner activities with the Public Agency and General Contractor beforehand. d. Familiarity with Contract. He shall become thoroughly familiar with all con- tract documents including specifications, drawings and addenda; and he shall supervise and check the adequacy and accuracy of required "as built" drawin;s prepared by the Contractor's employees (see also 7-a, below). e. Personal Presence & Observation. He shall be personally present whenever work is being performed even on overtime, night, holiday or weekend basis when so directed), and shall attend meetings called by the Public Agency, Contractor or Architect; and he shall make direct personal observations of work being performed by the General Contractor and subcontractor(s) for certification to Public Agency-Owner that such work is being performed in a skillful manner and in accordance with the requirements of the contract documents. f. Advice & Suggestions. He shall advise Public Agency on all construction mat- ters, such as suggesting change orders or reviewing construction schedules; he shall evaluate suggestions or modifications which have been made to accov.= modate on-the-job problems, and report them with recommendations to the Archi- tect; and he shall review and make recommendations to the Contractor on all pay estimates. g. Pre-Construction Review of Contract Documents. When so directed by the Public Agency, he shall perform in-depth review of the contract documents before construction begins, and make appropriate recommendations thereon to the Public Agency. 7. Special Duties & Instructions. The Inspector's duties specially concerning the progress of the work include the following: J a. General Records & Files. He shall maintain a file of, and be aware of the contents of, the local, State, Federal, NFBU, NEPA, etc., codes, regulations, directives, requirements, etc., when are pertinent to this project, and are provided by the Public Agency; and he shall maintain a complete file of all drawings, specifications, contracts, change orders, directives, etc., which determine work to be done by the Contractor (see also 6-d, above). b. Diary and Reports. He shall maintain a bound daily diary, noting therein job problems, conferences and remarks; and he shall submit all reports deemed necessary by State and Federal agencies, Architect and Public Agency, which shall be timely and in sufficient detail to satisfy the purpose of the report. -2- O01 QO c. . Material Records. L shall maintain records of materials and/or equipment < iielivered at the site, showing manufacturers' names, catalog, model serial number style, type, or other identifying information thereon and noting whether they are in strict compliance with the plans, shop drawings and/or specifications, or are approved by the Architect. He shall certify to Public Agency that all materials used in construction are as specified in contract documents; and, on completion and/or installation of each applicable - item, he shall collect and assemble relevant information (including guarantees, certificates, maintenance manuals, operating instructions, keying schedules, catalog numbers, vendors addresses and telephone contacts, etc., of materials and/or equipment as required); and at the completion of the project, he shall deliver this information to the Architect for delivery to the Public Agency. 8. Pay for Services b Reimbursement for Expenses. a. Public Agency shall pay Inspector for these services at the above rate, for semi-monthly pay periods of the 1st through the 15th and 16th through the last day of the month. Payment will be made on the 10th of the month or the 25th of the month following the pay period if a demand billing is received by the County Public Works Department on the last County working day of the period. b. Mileage authorized by the Public Works Director or his deputy shall be re- imbursed at a rate to be mutually agreed upon from time to time reflecting actual and changing costs. 9. Insurance. Inspector shall, at no cost to Public Agency, obtain and maintain during the term hereof Comprehensive Liability Insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property including the loss of use thereof, arising out of each accident or occurrence. Inspector shall furnish evidence of such coverage, naming Public Agency, its officers and employees as additional insureds, and requiring 30 days' written notice of policy lapse or cancellation. 10. Enforcement and Interpretation of Contract. The Public Agency's agent for en- forcing and interpreting this Contract is the Counts s Public Works Director or a deputy. 11. Adjustment of Compensation. The rate of compensation may be adjusted by mutual consent of the parties for good cause shown. -3- 001$ Special 1-iinlnnerine;-.1dain1ztsyttiva :services Con::6rtectiegi Seval,•rvisiten & inn-sor-eLlan 1. Special Cu.nditioau.. These special eondi�ions are Incorporated below by rererence: a) Public Azency: Centra testa County Fire Protection District b) Inspecto-'s lla me 3 A.sldress: llobert G. Graft, 64 Collins Drive, Qt Nill�ifornia • c) l: fective 1!aLe: rum 8 1977 d) Project's Home :and Location: Miratus MWr SM a ree e, 2945 Treat Boulevard, Concord ne M. - e) !tate of 5':J;;nu:-t1un: 513.00 per hour 2. Sir_na�s. ':'hese yilnatur:s attest the part s' ement hereto. PUBLIC AGE9CY Contro4osto Count,!► !:SPI 831 ' -Public orks Uirec` a Robert G. Grady 3. Parties. Effective on the above date, the Wbore-named Pu is Agency (owner and the above-nae ed Inspector mutually a:.me and proatisa as follows: 4. General 0uaiific_Lia::. & zond!tions. Public Amacy hereby contracts with Inspector, as one 3puRally trained, experlenced, expert and com- petent to perform the cpecisl enolneerin4 and admLnistrative services of a construction supervisor and inspector, including those associated with the continuous construction supervision position cacmanly known as. Clerk-of-tae-Works, in connection with the above construction projects - which services are necessarily incident to the services performed for the Public Agency by architects and engineers in the design and con- struction supervialon of construction projects. This agreement does not preclude other employment of the Inspector if it does not interfere with the duties and hours of wort; required herein. 5• Term. The duration of'this contract is the duration of this construction project, bac either parry may terminate it by giving 30 days advance written notice to the other. 6. General b inntr'uctioasc. The Inspector's eoactruction supervision and :n.pectlon services include the following general duties and instructlona: a. Statu. A ::e'_a^!•,:::': with Public A-"r1q +sear Ar chltect. His independent cc::::ist:••�'.sc3 o::::hip :th the n'ut,lic ,N:-ctcf parallels that which exist.: betw2C.-I Lta• Public Afency and the Architect; but•he is SO- ordinate to the Architects because the Architect is responsible for the design of the prajecti::1 for Eeneral supe:~:talon o: its construction pursuant to the Public :&Zency-Architect a`reerint- Fond Approved by County Counsel 1-71 1NtcroMmed wllh board order 00181 b. Status & Relationship with Contractor. He shall maintain a dignified but understanding relationship with the.workmen on the job but he shall conduct business only through the contractor's job superintendent, and shall not give instructions directly to the Contractor's employee(s) or subcontractor(s); and he shall immediately advise the Architect of any case where the Public Agency representatives give instructions to the Contractor's employees. c. Public Agency-Contractor Coordination. He shall effectively maintain close coordination of the Contractor's work and the owner's requirements by fre- quent, regular conferences or other suitable means, especially where projects involve alterations or modifications of or additions to an existing function- ing facility, which must be maintained as an operating unit during conduct of construction work, and therefore require special .alertness to job conditions which may affect such continuing operations. He shall coordinate necessary interruptions of normal owner activities with the Public Agency and General Contractor beforehand. d. familiarity with Contract. He shall become thoroughly familiar with all con- tract documents including specifications, drawings and addenda; and he shall supervise and check the adequacy and accuracy of required "as built" drawin;s prepared by the Contractor's employees (see also 7-a, below). e. Personal Presence & Observation. He shall be personally present whenever work is being performed even on overtime, night, holiday or weekend basis when so directed), and shall attend meetings called by the Public Agency, Contractor or Architect; and he shall make direct personal observations of work being performed by the General Contractor and subcontractor(s) for certification to Public Agency-Owner that such work is being performed in a skillful manner and in accordance with the requirements of the contract documents. f. Advice & Suggestions. He shall advise Public Agency on all construction mat- ters, such as suggesting change orders or reviewing construction schedules; he shall evaluate suggestions or modifications which have been made to acco- modate on-the-job problems, and report them with recommendations to the Archi- tect; and he shall review and make recommendations to the Contractor on all pay estimates. g. Pre-Construction Review of Contract Documents. When so directed by the Public Agency, he shall perform in-depth review of the contract documents before construction begins, and make appropriate recommendations thereon to the Public Agency. 7. Srccial Duties & Instructions. The Inspector's duties specially concerning the progress of the work include the following: a. General Records & Files. He shall maintain a file of, and be aware of the contents of, the local, State, Federal, NFBU, NEPA, etc., codes, regulations, directives, requirements, etc., which are pertinent to this project, and are provided by the Public Agency; and he shall maintain a complete file of all drawings, specifications, contracts, change orders, directives, etc., which determine work to be done by the Contractor (see also 6-d, above). b. Diary and Reports. He shall maintain a bound daily diary, noting therein job problems, conferences and remarks; and he shall submit all reports deemed necessary by State and Federal agencies, Architect and Public Agency, which shall be timely and in sufficient detail to satisfy the purpose of the report. 0185 -2- I c. Material Records. He shall maintain records of materials and/or equipment delivered at the site, showing manufacturers' names, catalog, model serial number style, type, or other identifying information thereon and noting whether they are in strict compliance with the plans, shop drawings and/or specifications, or are approved by the Architect. He shall certify to Public Agency that all materials used in construction are as specified in contract documents; and, on completion and/or installation of each applicable item, he shall collect and assemble relevant information (including guarantees, certificates, maintenance manuals, operating instructions, keying schedules, catalog numbers, vendors addresses and telephone contacts, etc., of materials and/or equipment as required); and at the completion of the project, he shall deliver this information to the Architect for delivery to the Public Agency. 8. Pay for Services & Reimbursement for Expenses. a. Public Agency shall pay Inspector for these services at the above rate, for semi-monthly pay periods of the 1st through the 15th and 16th through the last day of the month. Payment will be made on the 10th of the month or the 25th of the month following the pay period if a demand billing is received by the County Public Works Department on the last County working day of the period. b. Mileage authorized by the Public Works Director or his deputy shall be re- imbursed at a rate to be mutually agreed upon from time to time reflecting actual and changing costs. 9. Insurance. Inspector shall, at no cost to Public Agency, obtain and maintain during the term hereof Comprehensive Liability Insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property including the loss of use thereof, arising out of each accident or occurrence. Inspector shall furnish evidence of such coverage, naming Public Agency, its officers and employees as additional insureds, and requiring 30 days' written notice of policy lapse-or cancellation. 10. Enforcement and Interpretation of Contract. The Public Agency's agent for en- forcing and interpreting this Contract is the County's Public Works Director or a deputy. 11. Adjustment of Compensation. The rate of compensation may be adjusted by mutual consent of the parties for good cause shown. -3- 00185 In the Board of Supervisors of Contra Costa County, State of California February 8 . 1977 In the Matter of Acceptance of Offers of Dedication Rudgear Road #4141, Project 4141-4542-663-72. IT IS BY THE BOARD ORDERED that the Offers of Dedication from the following Grantors required as a condition of the Road Improvement Agreement between the County and Paul C. Petersen for the reconstruction of Rudgear Road between Grover Lane and Youngs Court are ACCEPTED. 1. Robert D. Frediani and Beverly L. Frediani, husband and wife, dated January 18, 1977. 2. Paul C. Petersen, Builder-Developer, dated January 11, 1977. 3. Rayfield C. Hunsinger, Gloria Jean Hunsinger and the Department of Veterans Affairs of the State of California, dated January 6, 1977. r, rn PASSED by the Board on February 8, 1977. w - x o` 3 v to Q 0 v 0 Q h 1 hereby certify that the foregoing is a two and correct copy of an order entered on the minutes of said Board of Supervisors.on the date aforesaid. Originator: Public Works Department, Witness my hand and the Seal of the Board of Real Property Division Supervisors cc: Public Works Department axed this `ti day of ^ebru=ry 19 Road Design Division Recorder (Via ?/If) J. R. OLSSON, Clerk Director of Planning By �� , Deputy Clerk N. Pous H-2-13/76 15m 00187 In the Board of Supervises of Contra Costa County, State of California February 8 1977 In dw Matter of Approved Request of John and Helen Torres (1970-RZ) with respect to Execution of Land Conservation Contract. The Board on February 10, 1976 having approved the rezoning request of John and Helen Torres (1970-RZ) to rezone certain land in the Brentwood area from Heavy Agricultural District (A-3) to Agricultural Preserve District (A-4) , and having adopted Resolution No. 76/146 establishing Agricultural Preserve No. 14-76; and It having been noted that the agreement was never submitted for signature during 1976, and therefore it is requested that the Chairman of the 1977 Board execute a land conservation contract with John and Helen Torres, said agreement to be effective commencing February 28, 1977; IT IS BY THE BOARD ORDERED that the aforesaid request is APPROVED. PASSED by the Board on February 8, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Sed of the Board of cc: J. h H. Torres supervisms Director of Planning axed Ws 8th day of-February . 19 77 J. R. OLSSON, CNrk By rmj�16�= 46r>"-. Deputy Clerk Jamie L. Johnson H-24 3/76 lSm O V 1.8 J _. �,• gECORDED AT REQUEST OF • � , CONTRA COSTA COUNT - FEB 171977 -- r WHEN RECORDED RETURN 7 FrR T TO CLERK, AT -O'CLOCK I M. BOARD OF SUPERVISORS CONi3A OSTA COUNTY RECORDS J. R. 0U50N COUNTY RECORDER FEE: BOARD OF 3UP8RVISORS, CONTRA COSTA COUNTY, CAL ZFORNIAoFFL. . ' C70 Re: Establishing Agricultural Preserve No. 14-76 and RESOLUTION NO, 76/x+ Authorising Land ConseMajtion Contracts . . r" The Board of Supervisors of Contra Costa County RESOLVES that: In accordance with County Ordinance Code, Section 89-1.102, and California Government Code, Section 51230, this Board is authorized-to-establish-Two rwithimthe- couaty as Agricultural Preservesi and . S accordance=with Cozmtg Qrdiaa�os.-Code, Section=89-Jj-:1AZ, andCalifornia. Government: Cbde, Sectiow 5121.0! this Board.-is -- authorized-to execute- band'Conservatioir-Contracts-with the owners. of lands included within Agricultural Preserves.. the terms of which: were established by Resolution- No- 69/763, adapted November la,. 1969, This Board-has reviewed applications for-agricultural preserves and land conservation. cont;racts, and has considered the duly sub- mitted report(s) of the Planning Commission and the Planning Department staff•thereon, and herebyr finds,that the agricultural . preserves)-as proposed is fare-j consistent mfth the Contra Costa County General Plan. IT IS THEREFORE ORDERED that those lands described in the application(s) listed below is (arej hereby established and declared-to, bei Agricultural Preserve 80. h6 Owner Application: No, Jtohm-and Fteterr Torres _ 157C-1tZ IT IS FURTHER ORDERED that the Chairman of this Board, on behalf of the County, execute land conservation contracts with the above owner(s) relating to those lands. CERTMM COPY tdeeecdw that this h a lull, tree &correct copy or PASSED and ADOPTED on February 10, 19Z6 ._..OtI+wCL�aocum"t «hr.!; f,e s rs.,,, nttlr• Payr,.l s- .y:.:M t, .F„ D=rd of 5+►De::�ars o•f r---• t:crr, (o.'•.-the �ai:fos-i o� Clerk alo•�- !i':-t_' :. 3. !��Ct-v'J\. Coon e CC: Planning i or r ttc.o of acid Bard oC SnD` �isars Assessor t''�- County Counsel oc�16, R 7 Recorder & File RESOLUTION N0. 76/146 00189 EMS -W RESMAITION FO. _ .k.:3, LAND CONSERVATION CONTRACT 1. Parties. BY THIS CONTRACT, made and entered into the day ofFe-�otVr-Y • 1J� +i /GIGPGE LAM A.y�.0 is�/9(/�4i'/j/�cBE Pl�.b j ..(�N.t/%o.E'.PE i✓Tp.P.PG`S /iPodERT/,/cri.V.P/CHlE.t/w.�/O XOl//E•P��/E !�E/.v.0/CNSEd. LL- hereinafter referred to as "OWNER% and the 4unty of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. Property Descriptionowner possesses certain real property located within the County, which property is presently devoted to agricultural and coapatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. -1- OU190 asa 8:.vO PAGE 70 S. Intent of Parties: Effect on Property valve. It is the intent•of the County and owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division-1 of Title 5 of the California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes). The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and -lesolutions of the Contra Costa County Board of Supervisors Nos. aad'���11.��L` T 7. TLand Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and caopatible uses as listed in Contra Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B. which is attached hereto and is hereby incor- porated by reference, shall also be pemitted subject to the terms and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail. -2- 00191 S • J PAGE 71 S. Modification of Restrictions. The Board of Supervisors of County may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to comercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the term of this Contract or any renewals thereof. 9. Term and Renewal. This Contract shall be effective commenc- ing on the last day of February, 19V_, and shall remain in effect for a period of ten (10) years therefram. This Contract shall be automatically renewed and its terms extended for a period of one (1) year on the .last day of February of each succeeding year during the tem hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Government Code, to the end that at all times during the continuance of this Contract, as from time to time renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given. Under no circumstances shall a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the manner provided by Section 51284 of the Government Code and upon a finding by the Board of Supervisors that such cancellation is -3- 00192 . • 3�J 82U$ PAGE._.4 not inconsistent with the purposes of the Land Conservation Act, and in the public interest. It is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the terms of this Contract. Said cancellation value shall be determined in rcco•dance with the provisions of Government Code section 51283 (a) and (b). Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section S1283.3. 11. . Cancellation Upon Substitution of New Restrictions. This Contra-'t may be cancelled by mutual agreement of County and Owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article XXV= of the California Constitution. 00193 e • • 3GJs 8 U� PAGE /J 12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- ment, the provisions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Owner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, owner shall pay to the County a sum equal to One Hundred Per Cent (100%) of the equalized assessed value of the real property described in Exhibit A, as established by the County -5- 00191 ?Am %4 Assessor on the lien date next following the date of breach, as liqu.-- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be chaaged so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in Ordinance Code Section 8169. ld. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the Hoard of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15. New Contracts Upon Division. In the event the-land under this Contract is divided, a Contract identical to the Contract then -6- 00195 ®OCs 822(� -7 • PAGE �5' covering the original parcel shall be executed by owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts upon division shall not affect the obliga- tions of the heirs, successors and assigns of Owner as established in section 16. 16. Contract to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the Owner. 17. Consideration. Owner shall not receive any payment from Couw:y in consideration of the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to owner as a result of the effect on the method of determining the assessed value of land described 'herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and Expense Information. The owner shall annually furnish the County Assessor with such information as he may require to enable him to determine the valuation of the owner's land. -7- 00195 BOO,8208 Pw 76 19. Effect of Removing Preserve or Zoning Classification. Removal of any land under this Contract from an agricultwal preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue and Taxation Code. OF CO COSTA s� ATTEST . Q l\_ t' L ('Yl L ! erk of Board By • .Y ?� CL,Y Chairman, Board o pervisors N. Boggess OWNER. J �` ' < _ We the undersigned trust deed or other encumbrance holders do hereby agree �• LL « :... to and agree to be bound the imposed restrictions. a Cr Approve s to Form: JOHN CLAUSEN, sel NOTE: All signatures must be acknowledged. $y Depu00197 ty 7-1-70 Bce�8�U$ ?l . � PAGE ( 9 Rz Contra Costa County Land Conservation Contract No. E MIM A PROPERTY DESCRn TIO2: Pursuant to Paragraph 2 of the Land Conservation Contract to Which this exhibit is attached, the land described below 'is designated as the subject of said Contract. Said land is described as follows: That real property located in the County of Contra Mosta, State of California, more particularly described as follows: The legal description to said property is contained in Schedule 1, consisting of f pages, attached hereto and incorporated by reference herein. Revised July 1, 1970 O0198 - I4-48 R Contra Costa County Land Conservation Contract No. EKHMT s ALL OWWnZ LAIM USES P U Pursuant to the provisions of Section 8169 (a) (2) of the o Contra Costa County ordinance Code and Paragraph 7 of the 00 Land Conservation Contract. of which this exhibit is made a part, the land uses and structures described below are authorised without a land use permit subject to the terms and conditions set forth below. Said uses and structures shall be in addition to those authorized by subsections (a) (1) and (b), but shall be subject to Subsections (c), (d), (e), (f), (g), (h), (i), and (j) of Section 8169 of the County Ordinance Code. 1. Existing Non-conforming Structures The following now-conforming structures are permitted, subject to the provisions of County Ordinance Code section 8107: 2. Existing Conforming Structures Y-C_Si�cQ. L U 3. Proposed Structures 4. Existing Land Use j- 0--UJ 5. Proposed Land Use Revised July 1, 1970 00199 8208 PacE 79 . rr "6 r t� DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA, UNINCORPORATED, DESCRIBED AS FOLLOWS: LOT 3, AS SHOWN ON THE MAP OF SUBDIVISION NO. 1 OF BRENTWOOD IRRIGATED FARMS, FILED DECEMBER 30, 1913, IN BOOK 11 OF MAPS, PAGE 250, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY. .-�-- IW51KUMM`NV. tOOy`► DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA, UNINCORPORATED, DESCRIBED AS FOLLOWS: LOT 4, AS DESIGNATED ON THE MAP ENTITLED "SUBDIVISION NUMBER ONE, BRENTWOOD IRRIGATED FARMS", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA ON DECEMBER 30, 1913 IN BOOK 11 OF MAPS AT PAGE 250. oozoo END OF DOCUMENT t c In the Board of Supervisors of Contra Costa County, State of Califomia February 8 19 IZ In the Matter of Weimar Medical Center Property. The Board having received letters dated January 25 and 27, 1977 from Sacramento County Counsel pertaining to payments of Mr. V. M. Bullard for sale of Weimar Medical Center property and suggesting that the Weimar Hospital Central Committee consider meeting in the near future to discuss possible action if escrow does not close and Mr. Bullard's payments are not made on a timely basis; and IT IS BY THE BOARD ORDERED that the aforesaid matter is REFERRED to Supervisor J. P. Kenny, County Administrator, County Counsel and Public Works Director (Real Property Division), and Supervisor Kenny, this Board's representative in settlement of the Weimar property sale, is instructed to vote foreclosure on the purchase if it appears necessary. PASSED by the Board on February 8, 1977. 1 hereby certify thot the form*v h a true and correct copy of an order entered on the minutes of said Board of Supervisors on the dale aforesaid. cc: Supervisor Kenny Whneu my hand and the Seal of the Board of County Administrator Supervifors County Counsel affixed "8th ,ay of February . 19 77 Public Works Director (Real Property Division) J. R. OLSSON, Clerk County Auditor-Controller t Public Information Officer i C.-(; Deputy CJwk Ronda Amdahl H-za 3/16 ism '` 40201 In the Board of Supervisors of Contra Costa County, State of California February 8 . 19 77 In the Mahar of Recommendation of the Planning Commission that Land in the Bethel Island Area (2054-RZ) be Rezoned. The Director of Planning having notified this Board that the Planning Commission recommends the rezoning of Lots 50, 52, 53 and 54 of Pleasant Times Subdivision, fronting in two sections, on the southwest side of Stone Road approximately 4,200 feet east of Dutch Road, one fronting approximately 45 feet and the other approximately 120 feet, Bethel Island area, from Multiple Family Residential District (M-R) to Multiple Family Residential District-4 (M-4) ; IT IS BY THE BOARD ORDERED that a hearing be held on Tuesday, March 8, 1977 at 11:30 a.m. in the Board Chambers, Room 107, Administration Building, Pine and Escobar Streets, Martinez, California. IT IS FURTHER ORDERED that pursuant to code require- ments the Clerk publish notice of same in THE BRENTWOOD NEVIS and give notice by mail to all persons shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed zoning change. PASSED by the Board on February 8, 1977. I hereby certify that the forepdng is a true and cornea copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness ny hand and the Seal of the Board of cc: List of Names Provided superwhom by Planning affixed this 8thday of February 19 77 Director of Planning J. R. OLSSON, Clerk By c A)1E.li 4A'-?4 Deputy Clerk Jamie L. Johnson H-24 3/76 ISm 00,20 0% CONTRA COSTA COUNTY PLANNING DEPARTMENT TO: Board of Supervisors DATE: January 27,. 1977 Attn: Clerk of the Board FROM: Anthony A. Deho SUBJECT: REZONING: Commission Initiated Director of Planni (2054-RZ) - .8 Acre, M-R. to M-4, in the Beth i Jj1and Area. (S.D. IF Attached is Planning Commission Resolution No. 23-1977, adopted by the Planning Commiss- ion on Tuesday, January 25, 1977, by unanimous vote (all members Present). This Commission Initated Study was reviewed by the Commission on Tuesday, January 11, 1977, and was approved for change by unanimous vote of the Commission (One seat vacant). The subject property is Lots 50, 52, 53 and 54 of Pleasant Times Subdivision, fronting, in two sections, on the southwest side of Stone Road, approximately 4,200-ft., east of Dutch Road, one fronting approx., 45-ft.! and the other approx., 120-ft., in-the Bethel Island area. The following people should be notified of your Board's hearing date and time: Rueal C. Oney Mr. & Mrs. Daniel Duarte 134 Humboldt Street Box 182 San Rafael, Calif. 94901 Bethel Island, California 94511 Walter A. Steele RECEIVED 430 Cloverdale Lane Campbell, Calif. 95008 Mr. & Mrs. Louis Pace 54 Alta Vista Way J. R oe750u Daly City, California 94014 � sons ----OO J AAD/v Attachments: Resolution; Findings Map, Area Map, Staff Report, Neg.EIR, Minutes. -cc: File 2054-RZ Supervisors, District: 1, 11, 111, IV, V. MicroMmed with board order 0 203 RESOLUTION NO.23-1977 RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE PLANNING COMMISSION INITIATED STUDY (2054-RZ), IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE BETHEL ISLAND AREA OF SAID COUNTY. WHEREAS, at a regular meeting of the Contra Costa County Planning Commission on Tuesday, April 20, 1976, the Planning Commission after having been duly briefed by the Planning Staff, instructed the Planning Staff to initiate rezoning hearings for possible changes in the existing zoning from Multiple Family Residential District (M-R), to a more appropriate zoning classification;and WHEREAS, a Negative Declaration of Environmental Significance was posted on this matter on July 7, 1976; and WHEREAS, after notice was lawfully given, a public hearing was held by the Plann- ing Commission on October 26, 1976, November 30, 1976 and January 11, 1977, whereat all persons interested therein might appear and be heard; and WHEREAS, no property owners did appear to be heard on this matter, and WHEREAS, the Planning Commission fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter, and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the Board of Supervisors the County of Contra Costa, that their initiated study (2054-RZ) to rezone .8 acre,from \Multiple Family Residential District (M-R) to Multiple Family Resi- dential District-4 (\M-4) )be APPROVED, as is indicated on the findings map enti- tled: A PORTION OF BOULDIN DIVISION, SECTOR 7 AND THE DISTRICTS MAP FOR THE BETHEL ISLAND AREA, CONTRA COSTA COUNTY, CALIFORNIA, INSERT MAP #31, which is attached hereto and made a part hereof; and BE IT FURTHER RESOLVED that the reasons for this recommendation are as follows: (1) The Planning Commission felt that M-4 Zoning would be consistent with the adopted general plan. (2) That the lotting patterns and sizes were such that more than one single family residence could be occommodoted on the lots. (3) M-4 Zoning would allow complete County control on the development of the proper6es-so zoned. BE IT FURTHER RESOLVED that the Chvjrman and Secretary of this Planning Commission 00204 Resolution No. 23-1977 shall respectively sign and attest the certified copy of this resolution and deliver the some to the Board of Supervisors all in accordance with the Planning Laws of the State of Calif= omia. The instruction by the Planning Commission to prepare this resolution was given by motion of the Planning Commission on Tuesday, January 11, 1977, by the following vote: AYES: Commissioners — Compaglia, Walton, Anderson, Young, Stoddard, Milano (one vacancy). NOES: Commissioners — None. ABSENT: Commissioners — None. ABSTAIN: Commissioners — None. 1, William L. Milano, Chairman of the Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Tuesday, January 25, 1977, and that this resolution was duly and regularly passed and adopted by the following vote of the Commission: -' AYES: Commissioners — Young, Stoddard, Phillips, Compaglia, Anderson, Walton, Milano. NOES: Commissioners — None. ABSENT: Commissioners — None. ABSTAIN: Commissioners — None. Chairman of the Plahning Commission of the- County of Contra Costa, State of California ATTEST: i. Secreta of th Planning Commiss� of the C jMty at C�ontm Costa, State of Colifomia -2- 00On 405 =200 5 0 0 N ' S ARE M R SAN D .{ Rezone From /y 9To M 1, A. H. Young , Chairman of the Contra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of A portion of Bouldin division sector 7 and the districts map for the Bethel islandarea, ontra Costa County. California, insert map no. 31. indicating thereon the decision of the Contra Costa County Planning Commission in the matter of Planning Commission initiated 42054 RZ Chairman of the Contr Costa County Planning Commission, State of Calif. ATTES / ecr to of the ontra Cast 9Xounty Planning Commiskion, State ofplif. Findings Map V/.W CONTRA COSTA COUNTY PLANNING DEPARTMENT NOTICE OF Completion of Environmental Impact Report XXNegative Declaration of Environmental Significance Lead Agency Other Responsible Agency Contra Costa County c/o Planning Department P.O. Box 951 Martinez, California 94553 Phone (415)" 372-2024 Phone EIR Contact Person M.Coulter Contact Person PROJECT DESCRIPTION: PLANNING COMMISSION INITIATED SiUDY County File 92054-RZ: To consider whether approximately .7 acres should be rezoned from Multiple Family Residential District (M-1) to Water Recreational District (F-1). Subject property fronts on the southwest side of Stone Road,in the Bethel Island area. (CT 3010) The project will not have a significant effect on the environment because the site -- includes 2 lots which are already developed as boat repair operations and rezoning will not implicate a change in or expansion of use. It is determined from initial study"by M. Coulter of the XX Planning Department that this project does not have a significant effect on the environment. F-71 Justification for negative declaration is attached. The Environmental Impact Report is available for review at the below address: Contra Costa County Planning Department 4th Floor, North Wing, Administration Bldg. Pine & Escobar Streets , + Martinez, California r_ Dat Post VU J IS1G Final date for review/appealdwy By Planning Departll Representative o C In the Board of Supervisors of Contra Costa County, State of California February 8 , 1977 In the Maher of Recommendation of the Planning Commission that Land in the Pittsburg Area (2049-RZ) be Rezoned. The Director of Planning having notified this Board that the Planning Commission recommends the rezoning of 7.8 acres fronting on the south side of Parkside Drive, north of Parkside School and west of Andrew Drive north of State Route #24, Pittsburg area, from Multiple Family Residential District-1 (M-1) to Controlled Heavy Industrial District (W-3) ; IT IS BY THE BOARD ORDERED that a hearing be held on Tuesday, March 8, 1977 at 11:25 a.m. in the Board Chambers, Room 107, Administration Building, Pine and Escobar Streets, Martinez, California. IT IS FURTHER ORDERED that pursuant to code require- ments the Clerk publish notice of same in THE PITTSBURG POST-DISPATCH and give notice by mail to all persons shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed zoning change. PASSED by the Board on February 8, 1977. 1 hereby certify that the foreQoiny is a true and coned copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: List of Names Provided Witness my hand and the Seal of the Board of by Planning Supervisors Director of Planning ofFxed this 8th day of February . 1977 J. R. OLSSON. Clerk gy k„i.�y i l b iij gZ7z:: . Do" Clerk Jamie L. Johnson H-za 3Pe ism 00208 i CONTRA COSTA COUNTY PLANNING DEPARTMENT TO: Board of Supervisors DATE: 27 January 1977 Attn: Clerk of the Board FROM: Anthony A. Dehoes SUBJECT: REZONING: Commission Initiated Director of Planni Rezoning (2049-RZ) - 7.8 Acres, M-1 to W-3 Zonin 1 9, PittsburgArea. (S.D. V) Attached is Planning C iss_ion Resolution No. 21-1977, adopted by the Planning Commiss- ion on Tuesday, 25 January 1977, unanimously (All members Present). This Commission Initiated Study was reviewed by the Planning Commission at Public Hearing on Tuesday, 4 January 1977, and was approved for this zoning change by a vote of 6 AYES, (one vacancy on Commission). The subject property fronts on the south side of Parkside Drive, north of Parkside School and west of Andrew Drive north of State Route IF24, in the Pittsburg Area. The following people should be notified of your Board's hearing date and time: The Stanley Works 195 Lake Street New Britain, Connecticut 06050 Lydia G. Castro REC HVED 945-N. Parkside Drive —� Pittsburg, California 94565 F� 1 IWr . AAD/v a.W ':oar nVI$a cc: File 2D49-RZ s H _ The Stanley Works Supervisors, District: 1, 11, 111, IV, V. Attachments: Resolution, Findings Map, Area Map, Staff Report, Neg.E1R, Minutes. Mizofilmed with board order 00209 RESOLUTION NO.21-1977 RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON PLANNING COMMISSION INITATED STUDY (2049-RZ), IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE PITTSBURG AREA OF SAID COUNTY. WHEREAS, at a regular meeting of the Contra Costa County Planning Commission an Tuesday, April 20, 1976, the Planning Commission, after having been duly briefed by the Planning Staff, instructed the Planning Staff to initiate studies and rezoning hearings for possible changes in the existing zoning from Multiple Family Residential District-I (M-1) to a more appropriate zoning classification; and WHEREAS, a Negative Declaration of Environmental Significance was posted on this matter on 27 July 1976; and WHEREAS, after notice was lawfully given, a public hearing was held on Tuesday, 4 January 1977, whereat all persons interested therein might appear and be heard; and WHEREAS, no one appeared to be heard on this matter at the 4 January 1977 public hearing; and WHEREAS, the Planning Commission fully reviewed,-considered and evaluated all the testimony and evidence submitted in this matter, and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, that their Initiated Study (2049-RZ), to rezone 7.8 acres from Multiple Family Residential District-1 (M-1) to Controlled Heavy Industrial District (W-3), be APPROVED, as is indicated on the findings map entitled: A PORTION OF THE DISTRICTS MAP FOR THE PITTSBURG AREA, INSERT MAP NO.33, CONTRA COSTA COUNTY, CALIFORNIA, which is attached hereto and made a part hereof; and BE IT FURTHER RESOLVED that the reason for this recommendation is as follows: (1) Both the Pittsburg and Contra Costa County General Plans show the subject property for single family residential development; both plans are also outdated. The subject property is surrounded by industrial-type development except for the school to the south and single family homes to the east. Stanley Works, the property owner, purchased this M-1 property as a buffer between the homes to the east and their factory. The W-3 Zoning District would facil- itate the preservation of this-buffer and the owner is in agreement with this designation. At the time the General Pian is updated for the area, rezoning study may again be in order. 3. 0020 Rezone From Al-I To W-3 N =900'. i 1 itk � j r '' f f `7�x,• t^' +rt' r tf C' 1, A-1f. YOVA14 , Chairman of the Contra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of A POIZ770AJ Of ;W If l P1.67'I&I3 MAR A41? rllO p1,rTS8Uje,6 AVER 1A1;m&4r � MAp NQ 3, Co/-'SRA eO5;r,4 C041417Y, 4-4C/f4RN14 indicating thereon the decision of the Contra Costa County Planning Commission in the matter of F4AAWIA16 COAjt41551,,OA1 1AI1;r14TEP ~Chairman of thq Contra Costa County Planning Commission, State of Calif. ATTEST r t'�+ Sciretory of th Contra Coms�d County lanning Comission, State of Calif. *Findings Map 0211 Resolution No.21-1977 BE IT FURTHER RESOLVED that the Chairman and Secretary of this Planning Commiss- ion shall respectively sign and attest the certified copy of this resolution and deliver the some to the Board of Supervisors all in accordance with the Planning Laws of the State of Calif- ornia. The instruction by the Planning Commission to prepare this resolution was given by motion of the Planning Commission on Tuesday, 4 January 1977, by the following vote: AYES: Commissioners - Compagl ia, Stoddard, Young, Anderson, Walton, Milano (one vacancy). NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. 1, William L. Milano, Chairman of the Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the Law on Tuesday, 25 January 1977, and that this resolution was duly and regularly passed and adopted by the following vote of the Commission: AYES: Commissioners - Young, Stoddard, Phillips, Compaglia, Anderson, Walton, Milano. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. Chairman of the Ploifning Commission of the County of Centro Costa, State of California ATTEST: n Secretdi)'ofothe Planning Commission of the County of Contra Costa, State of California -2- all 011,12n 4 January 1977 REZONING: PUBLIC HEARING: PLANNING. COMMISSION INITIATED STUDY (2049-RZ) To consider whether 7.8 acres should be rezoned from Multiple Family Residential Dis- trict (M-1) to Controlled Heavy Industrial District (W=3). Subject property fronts on the south side of Parkside Drive, north of Parkside School and west of Andrew Drive north of State Route 124: Pittsburg Area. (CT-3110) MR. BRAGDON: Staff.recommends that the area shown in purple color on the maps, just outside Pittsburg be rezoned from M-1 to W-3, which is the Controlled Manufact- uring District which permits review of all development within 250-ft., of any adjacent non-industrial zoned area. The property owner has agreed with our recommendation (letter to this effect is on file with 2049-RZ). No one appeared to speak on this matter pro or con. Upon motion of Commissioner Compoglia, seconded by Commissioner Stoddard, it was moved that the Commission's Initiated Study (2049-RZ), be recommended to the Board of Supervisors for APPROVAL for change from M-1 to W-3 and that staff so prepare findings. A roll-call vote was taken; following is the Commission's recorded vote: , -AYES: Commissioners - Compaglia, Stoddard, Young, Anderson, Walton, Milano (one vacancy) NOES: Commissioners -'None. -45- 00213 CONTRA COSTA COUNTY PLANNING DEPARTMENT NOTICE OF C�Completion of Environmental Impact Report XX Negative Declaration of Environmental Significance Lead Agency Other Responsible Agency Contra Costa County c/o Planning Department P.O. Box 951 Martinez, California 94553 Phone (415) 372-2024 Phone EIR Contact Person Margaret Coulter Contact Person PROJECT DESCRIPTION: PLANNING COMMISSION INMATHD STUDY: County File #2049-RZ: To consider whether approx.62.6 acres should be rezoned from Multiple Family Residential(M-1) and Heavy Industrial Districts (H-1) to Single Family Residential District (R-7). Subject property fronts on the south side of Parkside Drive and east of Andrew Drive, in the West Pittsburg area — The project will not have a significant effect on the environment because rezoning from multiple residential to single family residential uses should reduce the probability of adverse environmental impacts including conflicts with potential non- residential use on adjoining industrial zoned property. Subsequent subdivision for single family uses could require IIR preparation at that time,if potential impacts are seen to be significant. It is determined from initial 'study by Margaret u of the Planning Department that this project does not have a significant effect on the environment. Justification for negative declaration is attached. The Environmental Impact Report is available for review at the below address: . Contra Costa County Planning Department 4th Floor, North King, Administration Bldg. Pine 6 Escobar Streets ll,•,� Martinez, California Da tedjkl-.f 21 ° Final date for review/appeal NZ >, 10 1137(0By (Z- > ^rte Planning Dep n Representative OW214 C � _ In the Board of Supervisor of Contra Costa County, State of California February 8 01 19 U_ In the Matter of Hearing on the Request of Malibu Grand Prix Corp., Applicant, (2079—R.Z) to Rezone Land in the Pacheco Area. Lester Arthur, Owner. The Board on January 4, 1977 having fixed this time for hearing on the recommendation of the Planning Commission with respect to the request of Malibu Grand Prix Corp., applicant, (2079—RZ) to rezone 8.83 acres fronting 613 feet on the northeast side of Pacheco Boulevard, on the northeast corner of the inter— section of Pacheco Boulevard and First Avenue Pacheco area, from Planned Neighborhood Business District (P—N—B5 to Light Industrial District (L—I); and No one having appeared in opposition; and Mr. A. A. Dehaesus, Director of Planning, having advised that a Negative Declaration of Environmental Significance was filed for this proposal; and The Board having considered the matter, IT IS ORDERED that the request of Malibu Grand Prix Corp. is APPROVED as recommended by the Planning Commission. IT IS FURTHER ORDERED that Ordinance Number 77-16 giving effect to the aforesaid rezoning is INTRODUCED, reading waived and February 15, 1977 is set for adoption of same. PASSED by the Board on February 8, 1977• 1 hereby certify that the foregoing Is a true and ccrnxt copy of On order enured on the minutes of said Board of Supervisors on the date aforesaid. - cc: Malibu Grand Prix Corp. Widness my hand and the seal of the Board of L. Arthur Supervisors Director of Planning affixed this 8th day of February . 1977 County Assessor J. R. OLSSON, Clerk C-1.r3,► n G Deputy Clerk onda Amdahl H-24 3/7615m '+.. 0021-5 In the Board of Supervisors of Contra Costa County, State of California vehrua= 8 . 19 ZZ In the Matter of Hearing on the Recommendation of the Planning Commission (2096—RZ) to Rezone Land in the Rodeo Area. The Board on January 4, 1977 having fixed this time for hearing on the recommendation of the Planning Commission (2096 RZ) to rezone .3 acre fronting approximately 100 feet on the south side of San Pablo Avenue, approximately 119.93 feet on the east side of John Street, Rodeo area, from Multiple Family Residential District-1 (K-1) to rfultiple Family Residential District-2 (M-2); and No one having appeared in opposition; and Mr. A. A. Dehaesus, Director of Planning, having advised that a Negative Declaration of Environmental Significance was filed for this proposal; and The Board having considered the matter, IT IS ORDERED that the recommendation of the Planning Commission is APPROVED. IT IS FURTHER ORDERED that Ordinance Number 77-15 giving effect to the aforesaid rezoning is INTRODUCED, reading %raived and February 15, 1977 is set for adoption of same. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing Is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Director of Planning WidnQu my bond and the Seal of the Board of County Assessor Supervisors affixed this 8th day of_ February , 1977 J �ROLSSON, Clark � �.-.r (--4- .cixX Deputy Clerk Ronda Amdahl H-24 3/76 15m 0 216 c c In the Board of Supervisors of Contra Costa County, State of California February 8 .19 .0 In the Matter of Hearing on the request of Rutgers Mortgage Corp., Applicant, (2075—RZ) to Rezone Land in the San Ramon Area. Boise—Cascade Corp., Owner. The Board on January 4, 1977 having fixed this time for hearing on the recommendation of the Planning Commission with respect to the request of Rutgers Mortgage Corp., applicant, (2075 RZ) to rezone 10.5 acres fronting approximately 478.5 feet on the north side of Montevideo Drive and approximately 537.3 feet on the west side of Alcosta Boulevard, San Ramon area, from Neighborhood Business District (N—B) to Retail Business District (R—B).; and No one having appeared in opposition; and Mr. A. A. Dehaesus, Director of Planning, having .advised that a Negative Declaration of Environmental Significance was filed for this proposal; and The Board having considered the matter, IT IS ORDERED that the request of Rutgers Mortgage Corp. is APPROVED as recommended by the Planning Commission. IT IS FURTHER ORDERED that Ordinance Number 77-18 giving effect to the aforesaid rezoning is INTRODUCED, reading waived and February 15, 1977 is set for adoption of same. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the dote aforesokL cc: Rutgers Mortgage Corp. Witness my hand and the Seal of the Board of Boise—Cascade Corp. Supervisors Director of Planning affixed this 8th day of February , 1977 County Assessor — J. R OLSSON, Clerk By \ Oeputy Clerk onda Amdahl H-243/7615m 09 N i In the Board of Supervisors of Contra Costa County, State of California February S , 19 In the Matter of Hearing on the request of Merrill, Thiessen & Gagen, Applicant, (2076—RZ) to Rezone Land in the Alamo Area. Alamo Medical Group Building, Own . The Board on January 4, 1977 having fixed this time for hearing on the recommendation of the Planning Commission with respect to the request of Merrill, Thiessen & Gagen, applicant, (2076 RZ) to rezone .6 acre located on the east side of Danville Boulevard, approximately 150 feet north of Stone Valley Road Alamo area, from Single Family Residential District-20 (R-20j to Retail Business District (R—B); and No one having appeared in opposition; and Mr. A. A. Dehaesus, Director of Planning, having advised that a Negative Declaration of Environmental Significance was filed for this proposal; and The Board having considered the matter, IT IS ORDERED that the request of Merrill, Thiessen & Gagen is APPROVED as recommended by the Planning Commission. IT IS FURTHER ORDERED that Ordinance Number 77-17 giving effect to the aforesaid rezoning is INTRODUCED, reading waived and February 15, 1977 is set for adoption of same. PASSED by the Board on February 8, 1977. 1 hereby certify that the fore9oinp is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid cc: Merrill, Thiessen & Gagen Witness my hand and the Seal of the Board of Alamo Medical Group Bldg. Supervisors Director of Planning affixed this 8th day of February . 19 77 County Assessor J. R. OLSSON, Cleric t W Deputy C►erk Y Ronda Amdahl H-24 3J76 ISm W.IGrlV C In the Board of Supervisors of Contra Costal County, State of California February 8 . 19 77 In the Matter of ` Accepting Resignation from Citizens Advisory Committee for Park and Recreation Function of County Service Area LIB-11, Oakley Area. IT IS BY THE BOARD ORDERED that the resignation of Hr. Joseph Duarte, Route 1, Boz 164, Oakley, California 94561 from the Citizens Advisory Committee for the park and recrea- tion function of County Service Area LIB-11, Oakley area, is ACCEPTED. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the dale aforesaid. cc: Hr. J. Duarte Witness my hand and the Seal of the Board of County Service Area LIB-11 Supervisors c/o Jim Fears affixed this 8th day of February 19 77 Public Works Director County Auditor-Controller Public Information Officer J. R. OLSSON, Clerk County Administratorgy Deputy Clerk Ro bie ierrez It.2,3/76 OU219 c � In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 J1 In the Matter of Proposed Amendments to Government Code Section 66504 pertaining to Metropolitan Transportation Commission Appointees. Supervisor E. H. Hasseltine having this day referred to proposed amendments to Government Code Section 66504 as prepared by County Counsel, and having spoken in favor of and moved approval of proposed Section 66504 to read as follows: 'The term of office of the members of the commission is one year. The basis for selection of the members shall be their special familiarity with the problems and issues in the field of transportation.' Said motion having been seconded by Supervisor Nancy C. Fanden; and Chairman W. N. Boggess having expressed disagreement with the proposed amendment for the reason that a one-year term would not give appointees adequate time in which to become effective and could then make them subject to removal; and Supervisor R. I. Schroder having concurred with Supervisor Boggess as to the inadequacies of one-year terms, and having again spoken in favor of a provision such that the appointing body would have power of removal; and Supervisor J. P. Kenny having commented that many existing boards and commissions have two-, three-, or four-year terms and that the matter should be further reviewed; and County Counsel having advised that currently, under law, an official appointed to an office for a specified term can 'be removed from that office only for cause, a difficult thing to prove and subject to court action; and The Board having otherwise discussed the matter, Supervisor Hasseltine stated that he wished to withdraw his motion pending discussion of the proposal with county legislators tomorrow. This is a matter of record. 1 hereby certify that the foregoing is a true and correct copy of xwordw a matteretered on t ad minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors CC: County Administrator armed this 8thlay of February . 1977 County Counsel J. R. OL.SSON, Clerk By,-A,sur tet! "/+�,cQ�� , Deputy Clerk Jamie L. Johnson H-24 3f.A ISm 00400 C In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 7L In the Matter of Appointments to Child Health and Disability Prevention Advisory Board. The Board on November 2, 1976 having acknowledged a vacancy on the Child Health and Disability Prevention Advisory Board (created when Ms. Judy Devore, parent member, moved from the County); and The Board on January 11, 1977 having accepted the resignations from said Advisory Board of Ms. Sharon Manning, Public Health Nurse; Mr. Jerry Cochran, alternate; and Ms. Eunice Collins, alternate; and Mr. C. L. Van Marter, Director, Human Resources Agency, having advised that said Advisory Board recommends appointment of the following persons to fill three of the aforesaid vacancies for terms indicated: Name Replacing Term Expires Katherine L. Courter Sharon Manning October 7, 1979 Public Health Nurse (Person concerned 563 Hayes Street OD with child health Richmond, California 94804 services, other than parent or physician) Geraldine Devor, Ed.D. Jerry Cochran October 7, 1977 989 - 18th Street (alternate to Richmond, California 94801 Richard Keefe) Bennie Daniels Judy Devore October 7, 1978 70 Nautilus Place (parent member) Pittsburg, California 94565 IT IS BY THE BOARD ORDERED that the recommendation of Mr. Van Marter is APPROVED. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Director, Human Resources Witness my hand and the Seal of the Board of Agency Supervisors Appointees affixed d+h,-Hth day of RPhrtiar�_ , 19 ZZ Advisory Board County Health Officer J. R. OLSSON, Clerk County Welfare Director County Medical Director ey -u Deputy Clerk County Auditor-Controller Mqrf Crai County Administrator Public Information Officer H-24 3/76 lSm 00, 21 • In the Board of Supervisors of Contra Costa County, State of California February 8 , 1977 In the Matfer of Filling Vacancies on Certain Boards and Commissions. Supervisor E. H. Hasseltine having noted that the Board of Supervisors as a whole makes appointments to certain boards and commissions (such as the Board of Retirement of the Contra Costa County Employees Retirement Association and the Contra Costa County Mental Health Advisory Board), and that the Internal Operations Committee (Supervisor Hasseltine and Supervisor N. C. Fanden) is presently reviewing a proposal for the establishment of a procedure to deal with such appointments; and Supervisor Haaseltine having stated that prompt attention should be given to filling two vacant public member positions on the Retirement Board and having recommended that the Internal Operations Committee also review information on candidates for the positions and report to the Board on February 22, 1977; IT IS BY THE BOARD ORDERED that the recommendation of Supervisor Hasseltine is APPROVED. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Board Committee Supervisors County Administrator affixed this 8th day of Fphrupry 19 ZZ Public Information Officer J. R. OISSON, Clerk BY Deputy Clerk M Craig H-24 3/76 15m 00222 In the Board of Supervisors of Contra Costa County, Stats of California Februarg S In the Matter of Reclamation District 2036 Conflict of Interest Code. The Board having received a January 26, 1977 letter from Mr. J. B. Rudquist, attorney for Reclamation District No. 2036, requesting that the Board modify its approval of the District's Conflict of Interest Code to permit qualification of the expressed disqualification provision by changing "decision" to "governmental decision"; and The Board having subsequently received a January 28, 1977 memorandum from County Counsel recommending against granting the request and citing reasons therefor; IT IS BY THE BOARD ORDERED that the recommendation of County Counsel is APPROVED. PASSED by the Board on February 8, 1977. 1 hereby certify that the fon poinp is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid cc: Mr. Rudquist Witness my hand and the Seal of the Board of County Counsel Supervisors County Administrator affuad this 8th day of_ February. , 19 77 J. R. OLSSON, Clerk y Deputy Clerk Ronda Amdahl H-24 3/76 ism 00223 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARnmm CAUFORNW Oats- January 28, 1977 TO: Board of Supervisors FrO -John B. Clausen, County Counsel By : Arthur W. Walenta, Assistant County Counsel Ra- Rindge Land Reclamation District No. 2036, Conflict of Interest Code Rindge Land Reclamation District has requested that the Board modify its approval of the subject Conflict Code to permit qualification of the expressed disqualification provision by changing "decision" to "governmental decision". This office recommends against the requested change. Discussion : The disqualification provision in question (Section D1 of the subject Code) is required by the following language in Govern- ment Code Section 87302: "Each Conflict of Interest Code shall contain ... "(c) Specific provisions setting forth any circum- stances under which designated employees...must disqualify . themselves from making or participating in the making of any decision." As used in Section 87302, the word "decision" is not modified by the word "governmental". Accordingly, we do not consider it proper for a conflict of interest code adopted in compliance with 587302 to modify "decision" to "governmental decision". The District contends that use of "governmental decision" in 587100 requires a similar interpretation of §87302. But one cannot inter- pret away the clear import of the language used with specific reference to local conflict codes. In any event, the disqualification provisions of §87100 and §87302 are not identical. Section 87100 is broader in its prohibitions (it prohibits influencing as well as participating); and narrower in its scope (it limits covered decisions to governmental decisions), than §87302. The conflict codes of all other agencies approved by this Board do not limit the disqualification provision in the manner requested by the Rindge Land Reclamation District, we recommend against making an exception in their favor. RECEIVED Ac7W/j Rindge Land Reclamation District No. 2026 JAN 3 1 19-77 All I azw CM Wit of wPEWvrsc.:. Microfilmed with board order J �} uw ot-FWEs CwvALEao,Bim, Sffumway & GEIGER wuun Qs 404 mum OF STOMON BUILDING r.aRUTta 9�s9•t9aN .. PARK IL DRAT - SII FAW NMN STRICT 131IiOR MRwOIl010 OMI-Wey KoawK o.swu..ar a•..ueDMPr9r•t9rW oowKts oonun aOccn STOCKTON.CALIFORNIA 98202 .totes a Ruooutsr TGLDMOMt 4".U=CODE 209 PETER J.KELLY January 26, 1977 RECEIVED JAN 9-7 1977 Honorable Board of Supervisors County of Contra Costa am 0-il vwwWra CourthouseA CO. Martinez, California -' = • f Re: Rindge Land Reclamation District No. 2036 Conflict of Interest Code Gentlemen: Our offices represent the above Reclamation District which has recently submitted to you its conflict of interest code. We were informed by a copy of a memo to you from County Counsel that the Districts proposed code would be adopted by the Board of Supervisors on January 25, 1976, subject only to one revision, to wit, striking the word "governmental" in Section Dl, page 6. We respectfully request that the Board of Supervisors reconsider its position and adopt the code as submitted for the following reasons: 1. Government Code Section 87302(c) , which addresses itself to specific provisions of Conflict of Interest Codes for local agencies setting forth circumstances under which designated employees must disqualify themselves from making or participating in the making of any decision, states in part: "Disqualification shall be required by the Conflict of Interest Code when the designated employee has a financial interest as defined in Section 87103, which it is reasonably foreseeable may be a ected materially by the decision." Government Code Section 87103 states in part: "An official has a financial interest in a decision within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on: ." e• tc.- Waotih$ed with board order G``" 00225 Honorable Board of Supervisors January 26, 1977 Page 2 Government Code Section 87100 states in full: "No public official at any level of state or local govern- ment shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest. From the above, it is readily apparent that the "decisions" referred to in Article 3 of Chapter 7, Sections 87300, et seq. are "governmental decisions," not -simply any decisions. 2. To buttress this point, we suggest that you consult 2 Cal. Adm. Code Section 18700 which states in part.- "The art:"The provisions herein define terms as used in Chap- ter 7 of the Political Reform Act of 1974, as amended, Government Code Sections 87100 - 87312." Subsections (b) and (c) both refer to "governmental decisions," not just "decisions," when each, respectively, refer to making or participating in the making of a governmental decision. Subparagraph (5) of subsection (b) above specifically makes reference to a Chapter 7 Conflict of Interest Code (Section 87300) disqualification situation: "(b) A public official 'makes a governmental decision,'. . (5) . . . When the determination not to act occurs because of his or her financial interest, the of- ficial's determination must be accompanied by dis- closure of the financial interest, made part of the agency's official record or made in writing to the official's supervisor, appointing power or any other person specified in a conflict of interest code adopted pursuant to Government Code Section 3 3. The Fair Political Practices Commission, In the Matter of: Opinion requested by Tom Thorner, on behalf of the Board of Directors, Marin Municipal Water District, No. 75-089, December 4, 1975, 1 FPPC 198, discussed circum- stances requiring disqualification of an Article 3 (local agency) filer and, in its "ANALYSIS" section, clearly spoke in terms of "Governmental" decisions. 4. In addition, the Fair Political Practices Commission after extensive scrutiny by its legal staff and hearings before the Commission approved the exact language of Section Dl in the Conflict of Interest Code of tTie Metropolitan Water District of Southern California, which, I hastened to add, has been the model code for numerous member agencies of the Association of California Water Agencies. _ - 002 Honorable Board of supervisors January 26, 1977 Page 3 if our offices can be of any- further assistance in resolving this matter,.please contact the undersigned. Sincerely yours, CAVALERO, BRAY, SHUMWAY be GEIGER BY -- JOHN B. ST _JBR/jac S I rr F i t I 00227 UT THE BG:iRD OF SfMITISORS OF COQ T2,A COSTA COU2.TY, STATE OF CALIFORMIA In the Matter- of -Requests to. ) .:,.!zone Land to Agricultural ) February' 8, 1977 Districts, Various Areas of ) Ccntra Costa County_ ) _ This being the tine fixed for hearing on certain applications to rezone lard to Single Family Residential District and Agricultural Preserve Districts and no one have appeared in op_cosition to same; The following requests are approved as recommended by the Planning Commssion: Rezoning No. Applicant Area . .From To 2009-RZ. Rosa Silva:. ... Tassajara A-2 A-4 2018-RZ Many Da Cunha' Martinez A-2 ' 'A-4 2070-RZ Walter D. Bettencourt Brentwood A-3 A-4 2078-RZ' Horace L. Hill,'et ai Byron A_2 A-3... ._ . A-4 2080-RZ Ruth C. Jerrold Henry. -_. San Ramos A-2 A-4 2082-RZ Harry & Jerome Magee Daaville A-2 A-4 2083-RZ - Prank Bettencourt & Leroy. - .Byrn- A-2 . Simanich A-3 A-4 2084-RZ Lee $ Betty Vinson Tassajara A-2 $ A-3 A-4 2085 R Robert Neil $ Sharon Haera - Clayton A-2' A-4 2088-RZ Alfred Peres Moraga A-2 A-4 2089-RZ L. Almond A R: Braun Martini A-2 A-4 • 2090-RZ Albert D_ Seeno Construction•Co: Clayton A-2 A-4 2093-RZ H. & J_ Speckman Byron A-2 A-4 2094-RZ Woodhill Development Company San Ramon. A-2 F R-10�. A-4 Ordinances giving effect to the zoning changes were introduced, reading uraived by unanimous vote of the Board and :ebruary 1$, 1977 is fixed as the date for adoption of same. PASSED and ADOPTED by the Board this 8th,day of ?ebruary, 1977. . I hereby certify tha:, the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. 'Fitness -.y Nand and the Seal of the Board of Supervisors affixed this beth day of February, 1977. J. R. OLSSON,/C"LERK�^ . 1 Ronda Aveda. Deputy Clerk cc:_ Director of Planning 00228 S -eoo 8204 Pa334 =� ! Re I S 1977 RECORDED U REQUEST OF WHEN RECORDED RETURN 39432 C$p-C0SIA--00UW TO CLERK, BOARD OF SUPERVISORS J FE 1 -01977 �Q$L ^BOARD OF SUPERVISORS, CONTRA COSTA COUNTYCO VZ 10.�J�UNTY REPCORDS J. R. 015SON Re: Establishing Agricultural ) COUNTY RECORDER Preserve No. 2-77 and ) FEE:. C�fr Authorizing Land Conservation ) RESOLUTION NO. 77/118 OFFL Contrnet(s). ) The Board of Supervisors of Contra Costa County RrSOL"IFS that: In accordance with County Ordinance Code, Section 810-2.202, and California Government Code, Section 51230, this Board is authorized to establish lands within the county as Agricultural Preserves; and In accordance with County .Ordinance Code, Section 910-4.202, and, California Government Code, Section 51240, this Board is authorized to execute Land Conservation Contracts with the ov-iers of lands included within Agricultural Preserves, the trrms 'of which were established bj Resolution No. 69/763, adopted November 18'. 1969. This Hoard has reviewed applications for agricultural preserves and land conservation contracts, and has considered the duly sub- mitted report(s) of the Planning, Commission and the Planning . Department staff thereon, and hereby finds that the agricultural preserve(s) as proposed is (are) consistent with the Contra Costa County General Plan. IT IS THEREFORE ORDERED that those lands described in the application(s) listed below is (are) hereby established and declared to be : Agricultural Preserve No. 2-77 Owner Apnlication No. LLOYD ALMOND b RAY BRAUN 2089-RZ IT IS FURTHER ORDERED that the Chairrlan of thi's'Board, on behalf of the County, execute land conservation coYrtracts with the above owner(s) relating to those lands. PASSED and ADOPTED by the Board this 8th day of February, 1977:• CERTIFIED COPY ,cam r t�dPYffY thit this is a rum trur & correct copy-of CC; Planning the Original daniuinrt trhttit is or. Itis !,tnT atttce. Assessor andfhat it was n9s «l B- adapt^d b rh- Board of • Recorder fc mile cAy SUPenE;Qry of Contra . �r�•a• California. on the date shoat'.ti r:;T: J F:. t 14c0N: County- Clem&ez-ofticto Clerk of s.::d Eoard of Superrlso:s, wN b nec c,e 0 FE H is - 197; Un.n. 7./110 Q C•. on FanCa Amdahl 00229 . BOOK 5204 PAO% < J J RESOLUTION NO. LAND CONSERVATION CONTRACT 1. Parties. BY THIS CONTRACT, made and entered into the day of 'F41-u ,a-,, . 19d .6PWiWV' hereinafter referred to as "OWNER", and thefCounty of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and mace a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of such land in agricultural prcluction constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural econmy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1955, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. -1- 00230 BOOK 8204 PAO% 5. Intent Parties: Effect on Prooerty tue. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordin-nces. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes). The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Board of Supervisors Nos. t�a and +1% 7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed ir. Contra Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein; pro- , vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be pemitted subject to the terms and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail -2- 00231 • BOORS?04 PAGE337 8. Modification of Restrictions. The Board of Supervisors of County may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to cc=ercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the term of this Contract or anv renewals thereof. 9. Term and Renewal. This Contract shall be effective comment-. ing on the last day of February, 19V_, and shall remain in effect for a period of ten (10) years therefrom. This Contract shall be automatically renewed and its teras extended for a period of one (1) year on the last day of February of each succeeding, year during the te= hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Government Code, to the end that at all times during the continuance of this Contract, as from time to time reneged, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given. Under no circumstances shall a notice'of renewal be required of either party to effectuate the autocratic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the mannaprovided by Section 51284 of the Government Code and upon a finding by the Board of supervisors that such cancellation is -3- 00232 __A : • • BOOR 8204 PAGE338 not inconsistent with the purposes of the Land Conservation Act, and in the public interest. It is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the terns of this Contract. Said cancellation value shall be determined in accordance with the provisions of Government Code Section 51183 (a) and (b). Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall he effectuated in accordance with the provi- sions of Government Code Section 51283.3. 11. Cancellation Upon Substitution of r..w Restrictions. This Contract may be cancelled by mutual agreement of County and owner without payment of deferred taxes or public hearing if it is replaced by ar. enforceable restric- tion authorized by Article XMII of the California Constitution. -4- 00233 • • Boon 8.204 .AAAA 12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- went, the provisions of this Contract by which Owner agrees 1 to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, Without further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Owner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner shall pay to the County a sum equal to one Hundred Per Cent (100%) of the equalized assessed value of the real property described is Exhibit A. as established by the County -5- 0 234 BOOKS204 PNE340 Assessor on the lien date nest following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in ordinance Code Section 8169. 14. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cat, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the Board of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in section 9 of this Contract. 15. New Contracts boon Division. In the event the land under this Contract is divided, a Contract identical to the Contract then -6- 00235 . Boo6 8204 PxE341 covering the original parcel shall be executed by owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as-a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts upon division shall not affect the obliga- tions of the heirs, successors and assigns of owner as established in Section 16. 16. Contract to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the Owner. 17. Consideration. Owner shall not receive any payment frcm County in consideration of the obLgatioas imposed hereunder, it being recognized and agreed that the consideration for the execution of the within Contract is the substantial•psblic benefit to be derived therefrom and the advantage which will accrue to owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and Exuense Information. The owner shall annually furnish the County Assessor with such information as he may require to enable him to deter-mine the valuation of the Owner's land. -7- 00233 Boa,b',N4 PA342 19. Effect Removing Preserve or zoning'Ossification: Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue and Taxation Code. OF CO..!MA COSTA ATTEST �R.• czkk u - c r' Clerk of Board By Chairman, Board of Supervisors W. N. Boggess �T' Agg17� • C, We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above i--posed restrictions. /��'atclic/ f - - Approved as"to Form: /. JOHN B aTAUSEN, Counq couasel ,,/� NOTE: All signatures must be acknowledged. By Deputy + 71-70 '� 00237 • Boa 5.204 PAGf343 Contra COSta County Land Conservation.Contract No. EXHIBIT A PROPERTY DESCRIPTIO, Pursuant to Paragraph 2 of the Land Conservation Contract to Which this exhibit is attached, the land described below is designated as the subject of said Contract. Said land is. described as follows: That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said props--ty is contained in Schedule 1, consisting of pages, attached hereto and incorporated by reference herein. Revised July 1, 1970 00238 2 0%9 Rz Contra Costa Aty Land Conservation Contract. EXHIBIT B ""04 PAff344 ALLOWABLE LAia USES Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land.Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the teras and conditions set forth below. Said uses and structures shall be in addition to those authorized by Subsections (a) (1) and (b), but shall be subject to subsections (c),- (d), (e), ;f), (g), (h), (i), and (j) of Section 8169 of the County Ordinance Code. 1. Existing Non-conforming Structures The following non-conforming structures are poxmitted, subject to the provisions of County Ordinance Code Section 8107: 2. Existinc Confo=dmq Structures t b ate. 3. Proposed Strumas 4. Existing Land Use 5. Proposed Land Use Revised July 1, 1970 ,� n Q . OV MJ bv» • • Policy :'o. •1 431052 Ors:nr ::o. 334164 SCHEDULE C 1Lc Land scfrtscd In in 11th r,14 is situated in Ilse rounly of rC'.7tr1 CDStA_..._ :.. BAOif 8.204. =345 State sd'Caliiotnia,and is described as fi-lkws: ruction of section 25, To:xhahip 2 ::orth, Rt:*1go 3 !:est, 'Fount Diablo i azo 'and Haridian and ,partion of the Mm-who Irl Pinole, doscriLed as fallosm _.��tihsni:sg at the westerly teh:l+.inus of the course,p("`n as -Wast along the north lire or t:ho Lum's of Canbra 15 'chains" in. Parcel c•:e in the dead to P.=i. Re hler recer3ed :severs 15, 1923, )ooX 449, Deeds, Pago 14GI thence from .:hid paint of lbe,inning along the t tcxior li.:e of saia:. ittc/sler parcal, as follmisms 1'4-j1;t, I5.77 chains; North, 16 c1umminsl Most, 4.00 chaiaal ::ortt 16 chains= Wast 11.32 chains and South to the direct crtcauion nest of the course Virga as, ";&-st alotrg the north lino of the landa of Ormbra 15.77 cisa;zs" in P4rccl One in said decd to uech1,rf trance B est, along said extended line, 20 feet to the point of beginning. EXCERITI rs TliEs'tl e:tOt�: Who ri5ht3 and aineral rights reserved in the noel fzv2 2zy c..Braun ani :Lary J. Braun, recorded ':stir 5, 1976 in Rook 7349 of Official a':ecords, gage 555, as .follows: t o uWlvidad fine-half Interest in and to all oil, gats, ctsirghend gac, as;h:7.tum antl other h zlrocarbons, a.-A all c1lus3ical gas, now or hr-re- rtfter foun•J, situated or located In-all or any part or portion of the '~ads heroin describod lying :rare than. 500 feet balm the surface thereof, together with the rights to slut drill for and remove all or any of said oil, gas, casinghead gas, asphaltum and other hydro-carbon and chemical San lying below a depth of sora' t an five hundre3 feet below the surface thereof,, but without-any rights whatsoever to enter u&nm the surface of said land or upon any p.-wt of said Lands within fives hundrod foot (500) vertical distance below the surface thereof." END Of DOMMOR 00240 - �+ �•. Box 8204.*Eft . f RECORDED AT REQUEST OF WHEN RECORDED RETURN FEB 15 1977 RECORDED MQNDL TO CLERK, 7 94,x.9 BOARD OF SUPERVISORS i J FEB 151977 AT O'CLO_K;�o M. BOARD OF SUPERVISORS, CO!ITRA COST.1 COUNTY, 9RIyT o. A COUNTY RECORDS J: R. CLSSON lie: L'stablishin>? Agricultural ) COUNTY RECORDER.. Preserve ho. 12-77 , and TEE: OI'f�L Authorizin:- Land Conservation t Ri;.SOLUTION *NO.; 1 Contrnct(n). ) The Board of Supervisors of Contra Costa County *RF30L`r?S tnat! In accordance with -County Prdinance Code, Section 910-2.202, and California Government Codc, Section 51230, this Board- is authorized to establish lands within the county as A?ricultural Preserves• and In accordance frith County Ordinance Code, Section RIO-!;.202, and California Govern-ntent Code, Section 5121LO, this lo=ud is authorized to execute Land Conservation Contracts vita the o,mers of lands included within Agricultural Preserves, the terma of ohich Dere established bj resolution No. 69/763, adopted IFovember 18," 1969. This Hoard has reviewed applications ;or agricultural nreserves and land conservation contracts, and has considered the dul;: sub- mitted report(s) of the Planning Co:,.nission and the Planning. Department staff thereon, and hereby finds that the a?ricultural preserve(s) as proposed is (are) Consistent with the Contra Costa County General Plan. IT IS TIIERrFORE ORDERED that those lands described in the appligation(s) listed below is (are) hereby established and declared to be: Agricultural Prest.rve Ito. 12-77 Owner Aonlication 'To. HORACE L. HILL, ET AL 2078-RZ IT IS FURTHER ORD-F'RED that the. Chairman of this Board, on' behalf of the County, execute land conservation contracts with the above owner(s) relating, to those lands. PASSED and ADOPTED by the Board this 8th day of February-, 1977 CERTIFIED COPY cc: r lanninF � C�� cortltof 1� Ior „ tamnt ahteh I on ocAssessor and that it was has+n.: &e adnptr.l be tsp 'floart! of Recorder File Ste' superrttore of Contra Cwt., t.'un*;. Ct'irornla. on the slate aho-o.ATTV:-,T: J. it. Of_,�s(jn' County Clerk Q es-ofnelo Clerk or s:.id L` err oard or saplsors. hT Deputy Clerk REcnL:imTcu wn 77/lea FEB B ls-A oa RCnd,.l Amdahl 00241 w • -�� • Box 8204 PxE293 RESOLUTION NO. � Ji LAND CONSERVATION COI.TRACT 1. Parties. BY THIS CONTRACT, made and entered into the day of _ / hereinafter referred to as "OWNER", and the'KCounty of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COMMY", do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real property M located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of-such land in agricultural production constitutes an important_ physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both awner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. -1= 00242 • • BOOA 8204 FAG-r294 5. Intent of Parties: Effect on Property Value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to .Owner as the legislation existing.on the last renewal date. 6. Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to the California band Conservatior. Act of 1965 (Chapter 7 of Part 1 of Division l of Title 5 of the California Government Code arsmencing with Section 51200, as amended by Chapter 1372, 1969 Statutes). The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Board of supervisors hos. and (, r-- 7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein; pro- vided,.however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be permitted subject to the terms and - conditions set forth thereia. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail. 09243 ! Box 8204 PAcF2% 8. Modification of Restrictions. The Board of Supervisors of County may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to cc=ercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the term of this Contract or any renewals thereof. 9. Tem and Renewal. This Contract shall be effective commenc- ing on the last day of February, 19�73,. and shall remain in effect for a period of ten (10) years therefrom. This.Contract shall be automatically renewed and its teras extended for a period of one (1) year on the last day of February of each succeeding year during the tem hereof, unless notice of non-renewal is given in the manner provided by section 51245 of the Government Code, to the end that at all time during the continuance of this Contract, as from time to time renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is givep, ._Under no circumstances shal: a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the manner provided by Section 51284 of the Government Code and upon a finding by the Board of Supervisors that such cancellation is -3- 009A4 '� • Boo,8204 •PArE2% not inconsistent with the purposes of the Land Conservation Act, and in the public interest. It is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay - to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value-of the property being released from the terms of this Contract: Said cancellation value shall be determined in ac=ordance with the provisions of Government Code Section 51283 (a) and (b). Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section 51283.3. 11. Cancellation Upon substitution of New Restrictions. . This Contract may be cancelled by mutual agreement of County and Owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by article XXVIII of the California Constitution. -4- 00245 i • BOOK 8204 PAcF297" 12. Eminent Domain Proceedings. Upon the filing of arty action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a-public improve- went, the provisions of this Contract by which Owaer agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. if, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a,portion of tete - M ]and subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be-reinstituted and the terms of this Contract shall be in full force and effect. - 13. Remedies for Breach of Contract. In the event that Owner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial nor- .tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner shall pay to the County a soot equal to one Hundred Per Cent (100%) of the equalized assessed value of the real property described in Exhibit A. as established by the County OU246 • wx 8204 PxE2% Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to-ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to frill cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa Ccunty zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in Ordinance Code Section 8169. 14. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit a into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the Hoard of Supervisors that said division is detrimental to the ulti-ate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15. New Contracts -Upon Division. In the event the land under this Contract is divided, a Contract identical to the Contract then -6- 00247 - aooK 8204 PAcE299 covering the original parcel sball be executed by Owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts upon division shall not affect the.obliga- tions of the heirs, successors and assigns of Owner as established in Section 16. 16. Contract to Run with Land. The within Contract shall run with the land described herein, and,-upon division, to all-pazcels T .: created therefrom, and shall be binding upon the heirs, successors, and assigns of the Owner. 17. Consideration. owner shall not receive any payment from County in consideration of the obligations imposed hereunder, it•oeing recognized and agreed that the consideration for the execution of the within Cont_-act is the substantial public benefit to be derived therefrom and the advantage which will accrue to owner as a result of the effect on the method- of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and Expense Information. The Owner shall annually furnish the County Assessor with such information as he may require to enable him to determine the valuation of the owner's land. -7- - 00248 Boos 8204 X300 19. Effect 3f Removing Preserve or Zoning C•sification. Removal_of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue and Taxation Code. COUNTY O MA CO ATTEST —T R. erk ofnn Board "n tn1 By Chairman, Board of Supervi rs W. N. Boggess 4-f&.,,,�r,> Notary Public in and for the said County and State.residing therein.duly commissioned and sworn,personally op- ,fOY L. HUDSON Feared»_».W-.- _M&trthew TDane!j anti -Billie••1-.--I.GGn4a ....... i=' �}•=; N(1lARY YGB(1C-CA?.Ic4E`t1A _....._».___.»ti_....--•--------...._._.».. ...................»...... ...._.�.._......».......» COUNT OF SANTA CRUZ �?�j AuT..6.1977 'known to me to be the rson whose name_. subscribed to the ramtttlsslostFxaims tx s g..»_.. are..._...... !;,_,..,.., ,:. - ''roithft Instrument.and acknowledged m me that t hey executed the same. ,3tt 04ersof I have hereunto sit myhand and ixed my official seal Me day and year in this Certificate first above e . N IF hm Camtu aid&Z of -CoWWWA BOOK 8204 fa MI STATE OFCAIIFORMA On this day o/.G7�in the year onethousandnine s: hundred and r 6 » .beforeme,.»Gec1..4�t.vr! !�.:»:... COUNTY OF».tel_�7'- . a Notary Public,Stats of Califomia,duly co isstone and sworn, Wally known to me to be the person._whose name_.a..».subscribed to the within instrument and acknowledged to me that.....he....executed the same. J(4 I C AL SEAL IN WITNESS WHEREOF I have hereunto set mhand and affixed my ' 1.MAWE C.EGAN offuxal seat » 1'in the.» " ...County oj I-A.......».the day and year soh.a�::ism ccuyn m this«nitrate fisc o wri Notary Public,State o/Calif to Alycommission expires »...»-».»-.».................................»». Oowdery's Foam No.32—Acknowledgement--General(C C See.119(b) Printed 12f12 r INDMDUAL ACKNOWLEDGMENT State of California ...--..__....___...._.._.._ .__.County of__.__�.Sacrsmenxa__. SS. On this.........9k day of.•._.Deeeaber 19.,76 before me, L�aette 8:rdy a Notary Public in and for said .......County, ......._.»...(SEAL)_.._..._....----•--._._. ..._...._. ....... personally aPpe'arc-----------1'fAMARrAS--III-.Ait1C9...•»..------•...•..•....----...•....•................. . _—..._-........................................................................................... . known to me to be the person------siwse name...............-------_--------_---subscribed w the within insaumenr,and acknowledged that 8..he...._.executed the same. �l my hand and official sal. 00249 DY _.... •..........»................................. s.: Notary Public in and for said.........Yolo ......................................County and State P•169 �.�� My commission expires---XayR ...2A._.....MIA - • BON 8204 FxE300 19. Effect 3f Removing Preserve or Zoning Classification. - Removal.of any land under this Contract from an agricultural preserve • or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue and Taxation Code. COUNTY O pm Co ATTEST tiT R. Ot A 1 P.n L%^ ll� . erk of Board By ' cl- � Chairman, Board of Supervi rs W. N. Boggess MER s We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above imposed restrictions. Approved as to Form: JOHN B. SEN, C�Un NOTE: All signatures must � _ be acknowledged. By : , -8- Deputy- 7-1-70 s s _ vq``� BOOR C)'CU4 FA6E i STM E OF CALIFORNU Ort aw. day ot2ku"'"+[/r. •-,V , I r Approved as to Form: JOHN B. SEN, Co ! �' i� � 2tOTE: All signatures must _ be acknowledged. By :i• r 1��' . , •'� Deputy- - -13- 7-1-70 _ r STATE OFCALIFORNE4 On this day aj�-u-/-V¢_�'/_--in the year one thousand nine •COUNTYOF_._.. �1�-j a_._ }n hundred andf�Ayl Si,c before me,»._./ .?..t..�1!?................... .......... a Notary to of Ca forrnie.duly co es:ioned and sworn,personally appearedeI ..., - .....�" ............._......_.... ............� ».._._..._.._...._.._........_......»......_». .. FrlC-i''_ ` SEAL known to me to be the person---whose name»..lis_.subscribed to the within C nG'. 111'10and acknowledged to me that.....he..-.executed the same. IN WtTNFM WIMREOF I have hereunto sethand and afrmed m � y VA:;.0 C��-:lY offxiaiseafinthe_ _ County of !Cfl the day and yew 9. 1979 in this certificate just above written. ..................... Notary Pu to ojCdi/ornia Aly commission exp -» ...l.....�.7 ................... Cowdery's Form No.32-Acknoa1ed&cw=t-4Gan2l(C C Sec.119(b) of 41alffmift cmude of Santa Cruz p —ACZKoWLEDGUM--G@*end— r (k this...Eth_.__.-day of _._ a r. .__......A.D. 19...76 before me, 7oy. T._ Ttnr3cnn »a Notarp Public in and for the said County and State,raiding therein,duly commissioned and sworn,personally ap- �' .. Joy 1 HUDSON .Silt'e_Z --Ecce e�-- ' NOTARY CAl1;OF111A COUNTtOF SAT1ITA CRUZ �,.. _. ».—.. ._.—__.._ .. ...__.. . ......._...............—.......__...........-_......... Expires Aug-a ly•c own to me to be the persons whose names.s_.......... ze........_subscribed to the �, - within Instrument.and acknowledged to me that t hey executed the same. ,art Pituas Whereat I have hereunto sit my hand andmixed my oficial seal ' the day and year in this Certificate first aboverifit—tee. �J N d for"acid Coanta and State _... BooK 8204 wE301 STATE OFCALIFORNE4 On this day of'&_Zs to -_in the year one thousand nine CO LINTY OF_ sz hundred and_..2.�6...........before me,...c .. +rfr.!... 2:1Y a Notary Public.Sea of California,duly co =one and sworn, appeared»» � ,.�`�`: : ::::::::...._...:...... ............... known to me to be the person.._.whose name._.r:a.._-subscribed to the within instrument and acknowledged tome that._he.....executed the same. r F c r A 1 SEAL IN WITNESS WHEREOF I have hereunto set hand and affixed my t.�RRA1NE C.EGAN official seal in the.--t ._» _.County of...r, ..sT,..»..».the day and year .;r.':ilM-tliilCt\U XUNTY ut this centtficote(nrstcart Notary Public.State of Cdij is Aly commission expires _. »....».... . ...» ». Cowdery's Form No.32-Acknowkdgement-GcncrA(C C Sec-119M) Printed 12//2 r INDIVIDUAL ACKNOWLEDGMENT State of California .......................... County of._.._Z__SaczinaeaLa._. S.S. On this..........9th____day of _ December 76 ........_19----.,before me, ..............._ Lpne t t e_Hardy _ _a Notary Public in and for said......To Zo.............Councl,, (SEAT.) personally appeared-------.-.ts,8MAIZALt AZA I.-HAL1.0T............._--_....................w...... -------------------------------------------------------------------3s - -- ----•-------------- --- --•---------------------- known to me to be the person.-..-whose name...........__._....................subscribed to the within instrument,and acknowledged that s..he......executed die same. _ r — wTrirss Nmy hand and offird2l seal 00249 i - .. 1 Notary Public in and for said........Yolo........................................._.......County and State My commission expires._-_NxkY_.__ZY........19.11 aooR 8204 PAGE303 . . BUUK 8204 PAGE303 RZ Contra Costa County Land Conservation Contract No. l Z EXHIBIT A PROPERTY DESCRIPTION Pursuant to Paragraph 2 of the Land Conservation Contract to which :.his exhibit is attached, the land described 'below is designated as the subject of said Contract. Said land is described as follows: That real property Iocated in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said property is contained in Schedule-1, consisting of I pages, attached hereto and incorporated by reference herein. Revised July 1, 3.970 00250 Z(3 RZ Contra Costa County Land Conservation Contract No. EXHIBIT B B068204 PxE304 ALLOQUU E IAM USES Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the terms and conditions set forth below. Said uses and structures shall be in addition to those authorized by Subsection's (a) (1) and (b), but shall be subject to Subsections (c), .(d), (e), (f), (g), (h), (i).- and (j) of Section 1169 of the County Ordinance Code. 1. Existing.Non-conforming Structures The following non-co.-iforming structures are permitted, subject to the provisions of County Ordinance Code Section 8107: 2. E"a.sgM Conforming Structures 3. WisedStrtiictur2 es 4. Existing Land Use 5. Proposed Land Use 00251 Revised July 1, 1970 BOOK 8204 PME305 EXHIBIT A - Those parcels of land in the unincorporated area of the County of Contra Costa, State of California, described as follows: PARCEL ONE Portion of the North 1/2 of Section 15, Township 1 North, Range 3 East, Mount Diablo Base and Meridian, described as follows: Beginning on the west line of said Section 15, 20 feet south of the northwest corner of said Section 15, said point also being the intersection of the south line of the County Road with the west line of said Section; thence from said point of beginning, east along the south line of said County Road, 79.70 chains, more or less, to the west line of the County Road running north and south between Sections 14 and 15 in said Township and Range; thence south along the west line of the said last mentioned County Road to the south line of the North- east 1/4 of said Section 15; thence west 79.70 chains, more or less, to the southwest corner of the Northwest 1/4 of said Section 15; thence north along the west line of said Section 15, a distance of 39.69 chains, more or less, to the point of beginning. EXCEPTING FROI4 PARCEL ONE: 1- That parcel of land described in the deed from Horace L. Hill, Jr., et ux, to East Bay Municipal Utility District, dated December 1, 1925 and recorded December 8, 1925 in Volume 22 of Official Records, at page 70. 2- Those parcels of land awarded to the East Bay Municipal Utility- District in the Final Order of Condemnation entered September 11, 1945, in the local Superior Court (Case No. 32458), a certified copy of which was recorded in the office of the local County Recorder on September 11, 1945 in Volume 823 of Official Records, at page 157. PARCEL 7110 Portion of the South 1/2 of the Northwest 1/4 of Section 14, Township 1 North, Range 3 East, Mount Diablo Base and Meridian, containing 40 acres, more or less, described as follows: Beginning at the southwest corner of the Northwest 1/4 of Section 14, Township 1 North, Range 3 East, Mount Diablo Base and Meridian; thence north along the west line of said Section 14, 706.5 feet; thence east parallel with the south line of the Northwest 1/4 of said Section 14, 2288.5 feet;thence southeasterly in a direct line 789.9 feet, mare or less, to the southeast corner of the Northwest 1/4 of said Secticr 14; thence west along the south lire of the Northwest 1/4 of saie Sec- tion 14, 2642 feet, more or less, to the point of beginning. N252 F� e;'.., Y. BOOK 8204 FxEM PARCEL THREE Portion of the South 1/2 of the Northeast 1/4 of Section 14, Town- ship 1 North, Range 3 East, Mount Diablo Base and Meridian, containing 2.95 acres, more or less, described as follows: L_.' Commencing at the center of said Section 14;bthence along the quarter section line east and west through the center of said Section 14, north 890 07' east, 270 feet to the point of beginning of the hereinafter described tract of land; thence from said last mentioned point of beginning along said quarter section line north 890 07' east, 997 feet, more or less, to the westerly line of a dredger cut; thence along said dredger cut north 70 20' west, 130.3 feet; thence parallel to and 130 feet north of said quarter section line south 89° 07' west, 982 feet to a point that is 270 feet east of the quarter section line north and south through the center of said Section 14; thence parallel to and 270 feet east of said quarter section line south 000 32• east, 130 feet to the point of beginning. PARCEL FOUR That parcel of land reserved in the deed from Frank Cangiamilla, et al, recorded I4arch 8, 1948, Book 1179, Official Records, page 403, as follows: "Excepting from the parcel of land herein above described all that portion thereof lying within the bounds of the existing canal and running across the southerly portion of said lands parallel with the southerly line of said lands". The location of said parcel of land is not disclosed of record. 00253 ENO OF DOCUM90 1 15 BOOK-8204 PME3.72 WHEN RECORDED RETURN TO CLERK, 9435 BOARD OF SUPERVISORS 1 RECORDED flyOF CONTRA COSTA COUNTY BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIF03::IA Re: Establishing Agricultural ) FEB 155 19P Preserve No. 1-77 , and ) . O"CLv:.K AA. Authorizin:: Land Conservation ) RFSOLWrION KO., 77d& r 'TA COUNTY RECORDS_ Contrnct(i). ) J. R. OLSSON COUNTY RECORDER FEE: . The Board of Supervisors of Contra Coste'.County..W-73OVIFS that: 0F[�! � In accor=dance w-4th Cou:it;; Ordinance Code, Section 1110-2.202, and Califori:in Governxcrit -Code, Section 51230, this Do1rc: is Euthari:ed to establish lands within the county as A-triculturai Preserves; and In accordance with County Ordinance Code, Section 910-4.232, and California Governnent Code, .Section 512!c0., this Bo rd .s authorized to execute Land Conservation Contracts with tha•ovnars of lands included within Agricultural Preserves, the terns of. 0-hich were established by sl6solution No. 69/763, adopted. November 18,- .1969. This Board has reviewed applicsltions for agricultural preserves and land conservation contracts, and has considered the duly sub- mitted renort(s) of the Planning Co::3ission and the Plannin.-. Department staff thereon, and hereh-: finds that the aariculiural preserve(s) as proposed is (are) consistent with the Contra Costs . County General Plan. IT IS THEREFORE ORDERED that those lands described in the . application(s) listed below is (are) hereby established and declared to be: Agricultural Prestrve Ito. 1-77 Owner Anolication..'do. NARY DA CUNHA 2018-RZ IT IS FCRTH'M ORDERED that the Chairman of.-this Board, on behalf of the .County, execute land conservation .contracts with the above owner(s) relating to those .lands. PASSED and ADOPTED by the .Board this 8th da; of February, 1977 ' cc: Planning �.�g�, CERTIFIED COPY I0 1 certt[t Haat this is a fail.true k correct copy of Assessor - - the orWnat docuosent which Is oa lite in or offtee. Recorder � Pilo — and that It was pas+ed k adopted by the Board of supervisors of Centm Crwrn Crun!r. Ca-wornla. an the date shown.AWEa:: J. R. W.SSU%. County Clerk&esoftfdo Clerk of said Board of Supervisors. t: nL•tTzOu Nn ��,�. Romvrlda ` FEB 8 1977 AmCsttt 00254 BOOK 5204 Pa373 sFsoLUTlcn ro. �� j a B LA2.9 CONSERVATIOIN CONTRACT 1. Parties. BY THIS CONTRACT, made and entered into the g day of februar , 197n, /Mary Da Cunha - i hereinafter referred to as "OrTNER% and the County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COtMVY", do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real property located within the County, which property is presently devoted to agricultural and cxnpatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation. of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965. as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2. Chapter 3, Article 1.5 of the California Revenue and Taxation Code. -1- 00, 255 - BOOK 8204 ?AcE374 S. Intent of Parties: Effect on Property Value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governina Statutes and Ordinances. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes). The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title B, Division 89, and --resolutions of the Contra Costa County Board of Supervisors Nos. 7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County Ordinance Code Section 6169, which' is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated.by reference, shall also be permitted subject to the teras and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail. —2— 00256 r - aooK 8204 PAGE375 S. Modification of Restrictions- The Board of Supervisors of County may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to commercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the term of this Contract or any renewals thereof. 9. Term and Renewal. This Contract shall be effective commenc- ing on the last day of February, 1941 , and shall remain in effect for a period of ten (10) years therefrom. This Contract shall be automatically renewed and its terms extended for a period of one (1) year on the last day of February of each succeeding year during the term hereof, unless notice�of non-renewal is given in the manner provided by Section 51245 of the Government Code, to the end that at all times during the continuance of this'Contract, as from time to time renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given. Under no circumstances shall a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in tho manner provided by Section 51284 of.the Government Code and upon a finding by the Board of Supervisors that such cancellation is -3- 00257 aooK 8204 X3.76 not inconsistent with the purposes of the Land Conservation Act, and in the public interest. Itis understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the terms of this Contract. Said cancellation value shall be determined in rccordance with the provisions of Government Code Section 51283 (a) and (b). Under no circumstances shall the payment of said cancellation fee be Waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section 51283.3. 11. Cancellation Upon Substitution of New Restrictions. This Contra.-t may be cancelled by mutual agreement of County and Owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article XXVIII of the California Constitution. -4- .0025S. BOOK 8204 mE377- 12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- ment, the provisions of this Contract by which owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breads of Contract. In the event that Owner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, owner shall pay to the County a sin equal to one Hundred Per Cent (100%) of the equalized assessed value of the real property described in Exhibit A, as established by the County -5- 00259 Boot 8204 PAGE378 Assessor on the-lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which wound result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in Ordinance Code Section 8169. 14. Effect of Division of Property, owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the Board of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. IS. New Contracts upon Division. In the event the land under this Contract is divided, a Contract identical to the Contract then �- 00260 moo,8204 PAGrM9 covering the original parcel shall be executed by owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of owner to execute Contracts upon division shall not affect the obliga- tions of the heirs, successors and assigns of Owner as established in Section 16. 16. Contract to Run with Land. The within Contract-shall run with the land described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the owner. 17. Consideration. owner shall not receive any payment from Coun_-y in consideration of the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 16. Income and Expense Information. 'Che Owner shall annually furnish the County Assessor with such information as he may require to enable him to determine the valuation of the owner's land. -7- 00261 Boos 8204 POW 19. Effect of Removing Preserve or Zoning Classification. Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue' and Taxation Code: COWM OF CO OSTA ATTEST M �J Q. R• to erk of Board _By : C1- -era Chairman, Boardof Supervisors W. N. Boggess Agg1 1/ MEL y D ha We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above imposed restrictions. Approved as to Form: . JOHN�!' WkUSEN, County Cqunse1 NOTE: All signatures must be acknowledged. rDeputy BOOK 8204 w381 - c:3 _..'Y IR. STATE OF CALIFORNIA, O.rGEe 2nd a, Anri 7 r�r of one thousand twtehKndredeud SL'VBIItV—$�� inthtyear B A. —WIS BRAY JR. efore me, „a Notary Public, 1'tatr of Califoneia,duly commissioned and=vm personally appea ed aRY df CMWHA known to me to be the terra. whore mame iA subscribed tot t 'instrument, and acknosledged to methat—fie—executed thewme 00 ' /N IPITNE S WHEREOF I haat hereunto set my hand and afired my offe al real in the y of �iQst a the day and a t Notary u,State of California.my Comm' Erpiru15177 CorJers'a Fors No.34—(Ackno.(dememt—(' )(C-C Sec 1189) rmimrm 111We5 at-oan BOOK8204 PAcE382 RZ Contra Costa County Land Conservation Contract No. J EXHIBIT A PROPERTY DESCRIPTIO:S . Pursuant to Paragraph 2 of the Land Conservation Contract to Which this exhibit is attached, the land described below is designated as the subject of said Contract. Said land is described as follows: That real property. located in the County of Contra Costa, State of California, more particularly : 'described as follows: The legal description to said property is contained in Schedule 1, consisting of pages, attached hereto and incorporated by reference herein. Revised July 1, 1970 00263 Contra Costa County Land Conservation Contract no. EXHIBIT B Boo{8204 w383 ALMA'"LE LAW USES Pursuant to the provisions of section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract. of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the terms and conditions set forth below. Said uses and structures shall be in addition to those authorized by Subsections (a) (1) and (b), but shad be subject to Subsections (c), (d), (e), (f), (g), (h), (i), and (j) of Secrion 8169 of the County Ordinance Code. 1. Existing Non-conforming structures The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code Section 8107: None 2. Existing Conforming Structures Home,—Garage, Barn 3. Proposed Structures Barn 4. Existing Land Use Agricultural S. Proposed Land Use Agricultural Revised July 1, 1970 0026.1 R Boo,8204 PmE384 A list of references for further information on the general provi- sions of the land Conservation Act and legislation that established the act: 1. California Land Conservation Act of 1965 and Related Open Space Provisions, available from the California Legislature, Joint Committee on Open Space Larads, Assemblyman John F. Dunlap, Chairman, January, 1972. 2. The California land Conservation Act of 1965: landowner Participation and Estimated Tax Shifts, University of California, Davis Department of Agricultural Economics, avrilable from the Joint Committee on Open Space Lands, September, 1971. 3. Preservation of Prime Agricultural lands in Eastern Contra Costa, Land Conservation Committee Report, available from the Contra Costa County Planning Department, January, 1972, 00AJ soo;8.204 FxEA ------.....001111tg of Ora Costa,State of Cali f ornig,, • and lx►rtirtdorig described as follow4, to-wit: e_g eve= �� and - y,OtS 11L'��'.:'ia. seven (71, r'.t;11L (8), Ten (l�) a~� 1 (�-.� f :eurte�(1=), in Section thirty-four (34), in To zi h;p T'Mc (2) ar" of range Three (3) 'rest, c. 3r:=.,^. ��10 Meridian in California., con- 'EM-4-inc. on-tai:irg 77.81 acrer, accord cg to the official, plat of the s,.xrvey I ! of said lands, returned to tha General band Office by the Surveyor*- iGenercl. - I� Reservia- and excepting from this conveyance a certain spring k I ; of water located about 38 feet south of the southern boundary line ri ! of the public county road leading from Martinez, to Pinole and nowt 19 I tneboundary line between lots 11 and 14 of Section, 34, Z. 2 M<. R.3 MI.D 1., about 87 feet northeasterly from the dwelling house fazzar-11I. 11 �I ].y occupied by T.H.Bavilla and about 340'feet southwesterly ti'om: .r- ;; bridge which is located at the junction of said Martines-linole N ri Road with the road leading northwesterly alodg the northern bound. ary line of said lot 11, together with a tract of land 10 feet square so located that the said spring is at the exact otter thereof; together with a right of MAY over a strip of 2and,three • y feet wide, extending from the said tract 10 feet square last des.. cribed northerly to the southerly boundary line of said Martinez. Pinole Road, and thence with the same width of tree feet nortl easterly along the south side of the southeat b ouudary Une of . t4 said County road, to a point opposite said bridge with the right ` i to lay and maintain a pipe or conduit from the said spring'th rough= and along the said right of way under the surface .thereof, for t conducting the waters away from said s - Pr�6I the same having been l granted and conveyed by the party of the firer part,to Doha M:. s' Ga3anich, by deed of even date herewith. EXCEPTING FROM THE FOREGOING PARCEL, THE FOLLOWING DESCRIBED t; REAL PROPERTY: :.11 that certain real Property situate in the County. :of CanlZe Costa, State of California, being a portion, of sec- 4 tic:'3n, in To=shi 2 I:ortb, :%=ge 3 i:est, D. !.:., mare per- �1 :icularly describe; an 00265 r BOOS 8204 FAGE386 Beginning at a point which is a 2 inch iron pipe on the south line of said Section 34 at the southwest corner of the 77-el acre parcel of lead described in the deed fsosi L. N. Birth to Adriao ME. da Cunha, re- corded in the office of the Recorder of said county and stets in Book 402 of Deeds at page 375, and running r: thence 'No:•th 670 17e 53" East, 1457.02 feet to an iron i pipe wbich Is the true point of co-m--cacemeat of the parcel of land herein described; thence from said true i point of corneace~eat r n uze South 520 36* 42" East, 254.63 feet to a point : the center line of the cornu i road leading; frame ;'--tinez to Pinole, sometiLes kwim as Alhambra Valley road or Vaca Canyon Road; thence q running northeasterly along the center lice of said _ond the fc;lowinz courses &--a dis=ccs: ::o:th 290 15' r 18" ErsL. 52.29 feet, North 400 03. 12" East, 40.07 Scat Sad North 670 03' 1.3• "at. 72.62 Poet: thenco le�TLr s�Id ce;ia: -1 -4=v re_.S.ae: do=ts 550 54' 49' 'West 233.93 feet to e < :zch 1=o= pipe; thence South 560 62' 1.2" +:oat, 151e.=6 feet to the pol:.t of besinnlug, ti - - Containing o•s acres, =ore or less. END OF DOCU611EN1 00267 RIC4ROM 9 R':'.IM OF A FEB-151977 CONTRA COSTA_cO.gm—y J.9438 WHEN RECORDED RETURN FEB 15 1977 a TO 'CLERK, co BOARD OF SUPERVISORS I ? AT o•CLo•_.: M_(V CONTRA COSTA COL:•Y RECORD= R. oisscv ►tea BOARD "0(�" SUPERVISORS, COiPPRA COSTA C(1[Ir(TY, CftLIFOTY RECORDER FEE: Rc: Establishinc, Agriculturnl ) �s Preserve_ No. 3-77 and OFFL F—u Authorizing. Land Conservation ) l4TSOLTITION NO.. 77/121 Contrnct(s). ) The Board of Supervisors of Contra Costa"County 'HF30L"-S that: In accordance with County Ordinance Code, Section '110-2.202; and California Government Code, Section 51230, this Board is authorized to establish lands within the county as Azricult:ural Preserves- and In accordance with Count; Ordinance Code, Section 910-4.202, and California Government Code, Section 512110, this BU-.rd Is authorized to execute Land Conservation Contracts vita the owners of lands included within Agricultural Preserves, the terirz of w-hich were established by Resolution No. 69/763, adopted November .l$," 1969. This Hoard has reviewed ap;olications ;or agricultural preserves and land conservation contracts, and has considered the dul. sub- mitted report(s) of the Planning Comanission and the Plarnim: Department staff' thereon, and hereby finds that the a?ricultural preserve(s) as proposed is (are) consistent with the Contra Costs Counts* General Plan. IT IS THEREFORE ORD_RED that those lands described in the application(s) listed below is (are) hereby established and declared to be: Agricultural Preserve ito, 3-77 Owner Aoolication 'So. ALFRED PERES 2088-RZ IT IS 'FURTHER ORDERED that the Chairman of this Board, on behalf of the .County, execute land conservation contracts with the above owner(s) relating to those lands. PISSED and ADOPTED by the Board this 8th war'-of February, 1977 CERTIFIED COPY. cc: Planning 1 certify that this Is a tun. true & correct copy of Asscsrur _"__ the origtnat document which Is on flit. In my office. Pa. -;*e4 FL Dila and that It Kms Pa *e4 tr ador.,d by th- Tinard of Supervisors of roan Cn=tn Count:-. CaPfornls. on 'the date shown.ATTE-I': J. it. Of SCO\. County Cleric&ezoUlclo Clerk of Bald Board of SupervUers, PESOL�tm,cu :�.,. 77/12 flepaty Cleric FEB 8 1977 on RonGa Aw4ahl 0026 S B00,8,904 FACE417 RESOLUTION NO. LAND CONSERVATION CONTRACT 1. Parties. BY THIS CONTRACT, zga/d�e and entered into the day of a rv3r 19 , Wred P e-fe5 hereinafter referred to as "OWNER", and the/County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and Comty desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, chapter 3, Article 1.5 of the California Revenue and Taxation Code. -l- 00269 aoo�8204 FxEM 5. Intent of Parties: Effect on Property Value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the-terms, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division I of Title 5 of the California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes). The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Board of Supervisors hos. and 7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be pemitted subject to the terms and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail. -2- 002'70 Boy,8204 PAGE419 8. Modification of Restrictions. The Board of Supervisors of County may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to co=ercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the term of this Contract or any renewals thereof. 9. Term and Renewal. This Contract shall be effective commenc- ing on the last day of February, 19_Z, and shall remain in effect for a period of ten (10) years therefrom. This Contract shall be automatically renewed and its tezms extended for a period of one (1) year on the last day of February of each succeeding year during the term hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Goverment Code, to the end that at all times during the continuance of this Contract, as from time to time renewed, there shall be a ten (10) year terra of restric- tion unless notice of non-renewal is given. Under no circumstances steal: a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the -annex provided by Section 51284 of the Gove_:-.ent Code and upon a finding by the Board of Supe_xvisors that such cancellation is -3- 002'71 ' • • a��x 8204 FuF420 not inconsistent with the purposes of the Land Conservation Act, and in the public interest. It is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the te=s of this Contract. Said cancellation value shall be determined in ac.ordance with the provisions of Government Code Section 51283 (a) and (b). Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section 51283.3. 11. Cancellation Upon Substitution of New Restrictions. This Contract may be cancelled by mutual agreement of County and Owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article XMII of the California Constitution. -4- 002'72 S , Bn� 8204 PAGEM 12. Eminent Domain Proceedingsupon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- went, the provisions of this Contract by which owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without Further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Cwner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, owner shall pay to the County a s= equal to One Hundred Per Cent (100%) of the equalized assessed value of the real property described in Ezbibit A. as established by the County 00273 BOOK 8204 PAGF422 Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa Ccunty zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in Ordinance Code Section 8169. 24. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means,.' may, upon a finding by the Board of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15. New Contracts Upon Division. in the event the land under this Contract is divided, a Contract identical to the Contract then -6- 002'74 • moo 8204 FAcE423 covering the original parcel shall be executed by owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts upon division shall not affect the obliga- tions of the heirs, successors and assigns of Owner as established in section 16. 16. Contract to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all parcels creatA therefrom, and shall be binding upon the heirs, successors, and assigns of the owner. 17. Consideration. owner shall not receive any payment from County in consideration of the obligations imposed hereunder, it-oeing recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to Owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and Expense Information. The Owner shall annually furnish the County Assessor with such information as he may require to eaable him to determine the valuation of the owner's land. -7- 002'75 Boos 8204 PxE424 19. Effect* Removing Preserve or Zoning W-sification. Removal of any land under this Contract from an agricult*Ira/ preserve • or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue and Taxation Code. COSTA SEAL AFFIXED ATTEST L \A s�� C2ik of Board By _ L W. N. 8ogg�s Chairman, Board of Su ervisors • e p� s-�, owxER - aF•eL ��1� We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above imposed restrictions. Approved as to Formi, JOHN B. USEN, Co Co �rr NOTE: All signatures must be acknowledged. BY -- Ade of Cardalis, SS aux X204 X425 Merced -ACKNOWLEDGhUM-Genent- s 31st day of December A.D. 19-.L6-before me, Flora Peluso i a Notary Public in and for the said County and State, residing therein, duly commissioned and sworFLORA n,personally LUSO appeared Alfred G Peres E TZ eP",3-- al o lknn� ria@d Darer;CF AI�p tu,on Ecpires J �'19.1978 known to me to be the person whose name i s subscribed to the within Instrument.and acknowledged to me that he executed the same. 3n,idmw , 1 have hereunto set nd and affixed my official i seal the day and year_ this Certifuate ame written • r 002 6 f Notary Public in and for said County and State of California my CommF$ton Fspim _ 7- 1/52- 7-R NP?4/70070 • BOOK 8204 PmE426 RZ Contra Costa County Land Conservation Contract No3 3 EXHIBIT A PROPERTY DESCRIPTION Pursuant to Paragraph 2 of the :and Conservation,Contract to which :.his exhibit is attached, the land described below is designated as the subject of said Contract. Said land is described as follows: That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said property is contained in Schedule 1, consisting of pages, attached hereto and incorporated by reference herein. Revised July 1, 1970 _ v 00277 800118204 w427. i 23641 The land referred to in this Report is situated in the State of California,County of Contra Costa unincorporated area, and is described as follows: PARCEL ONE: The Southwest, one quarter of the Northwest one-quarter and the North One Half of the Southwest one-quarter of Section 21, Township 1 South, Range 2 West, Mount Diablo Base and Meridian. I PARCEL TI-10: The South One Half of the Southwest one-quarter of Section 21 Township 1 South, Range 2 Hest, Mount Diablo Base and Meridian. PARCEL THREE: Lots One and Two and the Southeast one-quarter of the Northwest one-quarter and the West one half of the Northeast one-quarter of Section 21, Township 1 South, Range 2 West, Mount Diablo Base and Meridian. EXCEPTING FROM PARCEL THREE: 1. That Portion thereof conveyed in the deed dated May 23, 1946, from Alfred Peres et ux to Karel A. Smith et ux, recorded July 3, 1946 in Book 844, page 255, Series No. 22785, Official Records. 2. That portion thereof conveyed in the deed dated October 4, 1950, from Alfred Peres et ux to Harold R. Parker et ux, recorded October 25, 1950, in Book 1656, page 495, Series No. 54804, Official Records. County Assessor's No.: 258-110-001 258-110-002 SPECIAL INFORMATION Unless shonm in the body of this preliminary report there appears of record no transfers or agree- ments to transfer the land described herein recorded during the period of six months-prior to the date of this report,except as follows: None SCX/sk 11-1-76 00278 �y RzRL Contra Costa CA Conservation•Contract a3 EXHIBIT B BM 8204 PacE428 ALLOWABLE LAM USES Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract. of Which this exhibit is made a part# the land uses and structures described.below are authorized without a land use permit subject to'the terms and conditions set forth below. Said uses-and structures shall be in addition to those authorized by Subsections (a) (1) and (b), but shall be subject to Subsections (c), -(d), (e), (f), (g), (h), (i), and (j) of Section 8169 of the County Ordinance Code. 1. Existing hon-conforming Structures The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code Section 8107: 2. E".isting Conforming Structures 3. Proposed Structures 4. Existing Land Use S. Proposed Land Use Cho Revised July 1, 1970 00279 END OF DOWMER FEB 151W BOOKS204 PAcF346.._�___ RECORDED AT REQUEST OF WHEN RECORDED RETURN. X9433 TO CLERK, BOARD- OF SUPERVISORS 1.; FEB 2 Z1 1977 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIMR'I���O'CLOCK � M. CONTRA�C TA COUNTY RECORDS Re: Establishing Agricultural ) J. R. OLSSON Preserve No. 4-77 and ) COUNTY RECORDER EEE: Authorizin:c Land Gonscrvation ) 1IRFSOLUTION NO.. 77/122 ('�CC�( Contrnet(n). ) Vf f L The hoard of Supervisors of Contra Costa County FiFSf:L" 'S rhat: In accordance withCounty Ordinance Code, Section R10-2.202, and California Government Code, Section -31230, this Board is authorized to establish lands within the county as A.rricultural Preserves; and In accordance with County Ordinance Code, Section °+10-;;.202, and California Goverment Codf-, Section 51240, this Bo=.rd is authorized to execute Land Conservation Contracts vita the owners of lands included within Agriciiltur al Freserves, the tears of which were established by Resolution No. 69/763, adopted t:ovembar '18, 1969. This Board has reviewed applications ;or agricultural preserves and land conservation contracts, and has considered the dul • sub- mitted report(s) of the Planning Cor-mission and the Plannin;-. Dcpartment- staff thereon, and herehy finds that the a?riculturnl- prescrve(s) as proposed is (are) consistent with the Contra Costa County General Plan. MIS THEREFORE ORDERED that those lands described in the application(s) listed belox is (are) hereby established and declared to be: Agricultural Prest-rve ilo. 4-77 O::ner Annlication :O. HARRY S JEROHE MAGEE 2082-RZ Fes• IT IS nRTHrR ORDERED that the Chairnan of this Board, on behalf of the .County, execute land conservation contracts with the above owner(s) relating to those lands. PASSED and ADOPTED by the Board this 8th day of February, 1977 , cc: F1annin CERTIFIED COPY — ZA" t eestify that thio is a Iu1L true & correct rn ASSCS�JI` �� the orisime document erhleh 14 on ril.. copy o! Recordcr L: file ant,that it Was r+RiNi f: ods,+:.l y t�afl o(.t o� Sup?r•isors o! CoWn, f. r Vi Board o. forula. on the date shOu-n.A77!:'•t•:tar`T OLSgo.\•• C U,ty 01►rk&erofftetu Clerk oz said Bond of Superxlsors, I?ESnIiIR'TCir un. 7-7/122 De Clerk. FEB 8 1977 on . Rt7rtds AtrtC3h' 00280 • • Boo.(8204 PAGE347 RESOLUTI014 ::074/1 LAND CONSERVATION CONTRACT 1. Parties. BY THIS CONTRACT made and entered into the �f day of . 194 E J Eft' U n E F • hereinafter referred to as "MIER", and the/County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COMMY", do mutually agree and promise as follows: 2. 'Property Description. Owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3.. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open- space and that the pre- servation of-such land in agricultural production constitutes an important physical, social, esthetic and economic asset to Counfy to maintain the agricultural economy of County and the state of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and* County intend that the•ternis, conditions and restrictions of this Con- tract be.in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the pro- . visions of Division 1, Part 2, Chapter 3, Article 1.5of the California Revenue and Taxation Code. -1- 00281 • . 0 am 8.204 PAGE348 S. Intent of Parties: Effect on Property Value. It is the intent/of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to the California Land Conservatior. Act of 1965 (Chapter 7 of Part 1 of Division l.of Title 5 of the California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes). The within'Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Board of Supervisors hos. *323 and 7. Land Use Restrictions. During the terry of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or coxpatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be permitted subject to the terms and conditions set forth therein. In case of conflict or inconsistency be— tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall . prevail. -2- 00282 • • BOOK 8204 mE349 8. tto:ification of Restrictions. The Board of supervisors of County may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8159, add to those uses listed in said ordinance; provided that such additional uses shall be limited to co=ercial agriculture and o6mpatible uses= and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the term of this Contract or any renewals thereof. 9. Term and Renewal. This Contract shall be effective co=enc- ing on the last day of February, 1917, and shall remain in effect for' a period of ten (10) years therefrom. This Contract shall be automatically renewed and its teras extended for a period of one (1) year on the last day of February of each succeeding year during the tern hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Govern-ment Code, to the end that at all times during the continuance of this Contract, as from tune to time renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given. Under no circumstances shal: a notice of renewal be required of either party to effectuate the automatic' renewal of this paragraph. 10. Cancellation. Except as provided in section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all ora portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the manner provided by Section 51284 of the Government Code and upon a finding by the Board of supervisors that such cancellation is ..3 00283 Boa 8204 fxE350 not inconsistent with the purposes of the Land Conservat?on Act, and in the public interest. It is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only "if there is no other reasonable or comparable agricultural use to which the land may be put. Upon- cancellation of said portions of this Contract, Owner shall pay , to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) peicent of the cancellation value of the property being " released from the teras of this Contract. Said cancellation value shall be determined in ac.-.:ordance with the provisions of"Gove_--nment Code Section 51283 (a) and (b). Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to ary contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section 51283.3. 11. Cancellation Upon substitution of New Restrictions. This Contract may be cancelled by mutual agreement of County and Cwner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article XXVIII of the California Constitution. -4- 00284 • BOOK 8204 P35 1 12. Eninent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- went, the provisions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all ora portion,of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Cerner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner shall pay to the County a sum equal to One Hundred Per Cent (100%) of the equalized assessed value of the real property described in Exhibit A. as established by the County 00281 8.204 PAGE352 . Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. it is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek, specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa Ccunty zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in Ordinance Code Section 8169. 14. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means, ' may, upon a finding by the Board of supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in section 9 of this Contract. 15. New Contracts Upon Division. In the event the land under this Contract is divided, a Contract identical to the Contract then -6- 00285 •. BOOK 8204 PA,,353 covering the original parcel shall be executed by owner nn each parcel created by the division at the time of the- division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts upon division shall not affect the obliga- tions of the heirs, successors and assigns of owner as established in Section 16. 16., Contract to Run with Land. The within Contract shall run with-the land described herein, and, upon division, �to all parcels � created therefrom, and shall be binding upon the heirs, successors, and assigns of the owner. 17. Gbnsideration. Owner shall not receive any payment from County in consideration of the obligations imposed hereunder, it acing recognized and agreed that-the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to Owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and Expense Information. The Owner shall annually furnish the County Assessor with such information as he may require to enable him to determine the valuation of the Owner's land. -7- 002K r aoo 8204 PAGE354 19. £ffect'Sf Removing Preserve or Zoning Itsification. Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue and Taxation Code. COU OF cot O TA ATTEST' T R MA A �< erk off Boarrd� By Chairman, Board of Sup6r%fllsors W. N. Be-A-41 OWNER SEAT, AHEIBEII r q e riagee We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above imposed restrictions. 1 Approve to Form: _.- .10 CLh SFNO` !TOTE: All signatures must i�/f be acknowledged. By le • STATE OF CALIFORNIA On tleis 3 K P.» »day of 72�C�M.D.t R_..in the year one thousand nine COUNTY OF__.A1�.r..0 ----.. -- SL hundred and S L=_,v Y s�.�before me,.»..» _»_..:.... ...»...... ...»... ..»»......., a Notary Pubtir State of California.duty commissioned and sworn,personally d,,t.•... ..',..:�_. ,_,. -:=- known to me to be the person.S whose name S- g e subscribed to the within insttunsent and acknowledged to me that_+.he Y executed the same. D:1i i= Galt?':AT i 1 IN WITNESS WBEREOF I have hereunto set hand and ed m vA y my alfa Y official seal in the.»»_». ..._. _.County of».P!5 ^n pre.the day and year My Ccm„.&%;On FA:�:.:T 17.1479 this� �tC fait 6bOP[written. 1^vl�fTYsvi;1'•riez"-:v�F:-ljY7V'PF1Fv-`i`1'!I'!'�'11 '��1„�..L �j 1,^ ..... Notary Pubtic.State of California tMy commission expires ».......A Vit.&....._l 7..!! .............. Co fiery s Form No.32-Acknoukdsement-Genial tC C See.119(b) Printed 12172 007.88 • + BOU 8204 PAL Z 0 O Z Rz Contra Costa County Land Conservation Contract No. EXHIBIT A PROPERTY DESCRIPTION Pursuant to Paragraph 2 of the .!.and Conservation Contract to which :.his exhibit is attached, the land described below is designated as'the subject of said Contract. Said land is described as follows: That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said property is contained in Schedule l...consisting of. _ _paget, attached hereto and incorporated by reference herein. Revised July 1, 1970 00289 SCHEDULE I 2062-RZ i Parcel #1 • 80018204 PacE356 Portion of APS 202-050-005 The south half of the south half of the northwest quarter of Section 22 T.1S., R.1W. and containing 40 acres more or less. Parcel #2 Portion of APN 202-050-034 All of the following lands in the east half of Section 21, T.1S., R.lW. M.D.B. 6 M. and described as follows:A)the south half of the southeast quarter of the northeast quarter, the south half of the northwest quarter of the southeast quarter of the northeast quarter, the south half of the northeast quarter of the southwest quarter of the northeast quarter. and all that portion of the southeast quarter of the southwest quarter of the northeast quarter of said Section 21 lying northeasterly of that certain parcel of land described in that certain deed dated October 9, 1942 which was recorded on October 24, 1942 in Volume 684 at Page 450 of Official Records, Contra Costa County, California, and containing 37 acres more or less, and (B) All that portion of the north half of the southeast quarter of said Section 21 lying northeasterly of that certain parcel of land described in that certain deed dated October 9, 1942 which was recorded on October 24, 1942 in Volume 684 at Page 450 of Official Records, Contra Costa County, California, and containing 24 acres more or less. END OF DESCRIPTION 00290 • • ©k2 RZ Contra Costa County Land Conservation Contract No. 4-44 EUIBIT 8 8204 P�357. ALLowA= LAhM USES BOOT( Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is wade a part# the land uses and structures described below are authorized without a land use permit subject to the terms and conditions set forth below. Said uses and structures shall be in addition to those authorized by Subsections (a) (1) and (b), but shall be subject to Subsections (c),_(d), (e), (f), (g), (h), (i), and (j) of Section 8169 of the County Ordinance Code. 1. Existing Non-conforming Structures The following non-conforming structures ' are permitted, subject to the provisions of County Ordinance Code Section 8107: 2. Existing Conforming Structures 3. Proposed Structures 4. Existing Land IIs S. Proposed --Land Use 00291 Revised July 1, 1970 •, arc>��� f3 L • �'r./.r"` `''"• � to CCD cum",_ 41 a 1 yt ( Di ya yr c �w4f DALE 0" '®r, a v. or A fAtnrAr OA a O , '0..�f1-lam CIO 1 '- VY� i0♦� tt{y I 'S it 1 •- 1 Sf RECORDED AT REQ'.'EST OF WHEN RECORDED RETURN TO CLERK, 1930 J BOARD OF-SUPERVISORS ' _ FEB 15197.7 AT O'CLOCK C M. BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CAWRMjQkTA COUNTY RECORDS 'J. R. OLSSON Rc: Establishing Agricultural ) COUNTY RECORDER Preservp''No. 6-77 , and ) fj - FEE Authorizin;: Land Conservation ) (P.FSOLIPrION NO._ )OF -Contrnct(a). ` P 1 I" 1� The Board of Supervisors of Contra Costa 'County 'RFSOVIFS that;. In accordance with County Ordinance .Code, Sention $410-?.202,' and Califorltia Government Code, Section 51230, this Board is authorized to establish lands within the county as Agricultural-- Preserves; and . In accordance with County Ordinance Code, Section 910-::.202, and California Government Code, Sectipn 51240, this.Board .is authorized to execute Land Conservation Contracts with the owners of lands included within Agricultural•Freserves, the term--a of which were established by Resolution 11o" 69/763, adoprted 11ovem1ber 18, lQG9. This Board has reviewed applications .for agricultural preserves and land conservation contracts, and has considered the duly sub- mitted report(s) of the Flannina Cot-scission and .the .Planninr. . Department staff thereon, and hereby: finds that the a?ricultural preserve(s) as proposed is (are) consistent with the Contra Costa County General Plan. IT IS THEREFORE ORDERED that those lands described in the application(s) listed below is (are) hereby established and declared to be: Agricultural PresLr=:e 1Io" 6-77 Owner Annlication No, RUTH C. S JERROLD HENRY 208Q-R2 7. IT IS FURTHER ORDERED that the Chairman. of..this Board,. on behalf of the .County, execute land conservation contracts with the above owner(s) relating to those lands. PASSED and ADOPTED by the Board this 8th das of February. 1977 CffiTI M.COeY cc: Planning J� I cefft that this is a inti, true& enrrect cod!of . S,'� the Grt�t"document which Is on lite.In my office Assessor �f aad that It xis paired k ndopt�d by the RaRrd of Recorder.Fc File � Supor-rissam of Ca^.-:a en-a Cir-my. C::?;.irnta. oa the date ahmra E? ATT : J. P jjf.zeo, Cauatr Clerk&to ofticfa l'Ierk of said Ward of upentsor Demzy Citric FE 8 . 3�!7 prWLLITIOM F-D.27/1-23 - as ROWS Amdahl �. 00293 • Boos 8204 PAGE308 RESOLUTION NO. LAND CONSERVATION CONTRACT 1. Parties. BY THIS CONTRACT, made and entered into the PL day of ��ru..cj.`.� J. 1914, V U ► IA.`� �``7 �' hereinafter referred to as "OWNER", and the'County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: •2. Property Description. Owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. -1- 00291 Boa 8,204 PAGE309 5. Intent of Parties. Effect on Prope ty Value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to owner as the legislation existing on the last renewal date. 6. ' Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to the California Land Conservation. Act of 1965 (Chapter 7 of Part 1 of Divisioml-of Title 5 of the zn California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes). The within Contract is further made pursuant to-and subject to Contra Costa County Ordinance Code, Title 8, Division. 89, and Resolutions of the Contra Costa County Board of Supervisors tos'. and 7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County Ordinance Code section 8169; which- is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be pe=itted subject to the teras and conditions set forth therein. In case of conflict or inconsistency be- ween the uses allowed in this Contract and those specified in said zoning, ordinance the provisions of the Contract as set forth in Exhibit B shall prevail. 00291 BOOK 8204 PA010 8. Modification of Restrictions. The Board of Supervisors of County may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to commercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the term of this Contract or any renewals thereof. 9. Term and Renewal. This Contract shall be effective coaaenc- ing on the last day of February, 19 71, and shall remain in effect for a period of ten (10) years therefrom. This Contract shall be automatically renewed and its terms extended for a period of one (1) year on the last day of February of each succeeding year during the term hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Government Code, to the end that at all times during the continuance of this Contract, as from time to time renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given._ • Under no_.circ=stances shal: a notice of-renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2•maybe cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the manner provided by Section 51284 of the Government Code and upon a finding by the.Board of Supervisors that such-cancellation is -3- 00296 goo;8204 PAGE311 not inconsistent with the purposes of the Land Conservation Act, and in the public interest. It is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay• •- to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the terns of this Contract. Said cancellation value shall be determined in ac-:ordance with the provisions of Government Code Section 51263 - .(a) and (b). • Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. . Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section 51283.3. 11. Cancellation Upon Substitution of New Restrictions. This Contract may be cancelled by mutual agreement of County and Owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric— tion authorized by Article XXVIII of the California Constitution. 0029'7 • • aonx 8:204 FACE312 -12, Eminent Domain Proceedingsupon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- went, the provisions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. if, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to:all •or,a:1portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Owner " fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner"shall pay to the County a sun " equal to One Hundred Per Cent (100%) of the equalized assessed value of the real property described in Exhibit A, as established by the County ^5- 00298 • BOOK 8274 PME313 Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in' this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. Itis understood that nothing herein contained shall constitute' a waiver of any right which the County may now or in the future have to seek, specific•performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa Ccunty zoning ordinance: shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in Ordinance Code Section 8169. 14. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cols, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the Board of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15. New Contracts Upon Division. In the event the land under this Contract is divided, a Contract identical to the Contract then 00299 goon 8204 mcE314 covering the original parcel shall be executed by Owner nn each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall, require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, howbver, that failure of Owner to execute contracts upon division sha11 not affect the obliga- tions of the heirs, successors and assigns of Owner as established in Section 16. ' 16. Contract to Run with Land. ' The within Contract shall run with the land described herein;-and,• upon•division, to-all-parcels f, created therefrom, and shall be binding upon the heirs, successors, and assigns of the Owner. 17. Consideration. owner shall not receivd any payment from County in consideration of the obligations imposed hereunder, it ocing recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Intone and Expense Information. The Owner shall annually furnish the County Assessor with such information as he may require to enable him to determine the valuation of the Owner's land. -7- 00300 t aow 8204 P345 19. Effect of *Removing Preserve or Zoning Classification. Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County fot -purposes of Section 422 of the Revenue and Taxation Code. COUNTY COIJTRA Ta ATTEST _T. Q. ZQU �--�'- Clerk of Board y Chairman, Board of Su isors W. N. Boggess We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above imposed restrictions. Apprpied to Form: JOHN B t> EN, County Counsel NOTE: All signatures must be acknowledged. By -8- oept&y m8204 w316 A�xb of CA ISS ALAMEDA -ACKNOWLEDGMENT-General- 4* 3rd day of Janus= A.D. 1931--before me, the undersigned a Notary Public in and for the said County and State, residing therein. duly commissioned and sworn,personally appeared TERRA.I N EERY Rn4 RMM C_ 14my known to me to be the person whose name 8 a!e subscribed to the LOUISE E. WOODARD A. within Instrument,and acknowledged to me thatthelexecuted the same. NOTARY PUBLIC-CALIFORNIA ,3a)1" Xh=ad. I have hereunto set my hand and affeced my official coutm of r,L;sw=oA seal the day and year in ft Certificate first above written. My Commission Expires Feb.10,1977 Ul _ Notary Mile in and for said County and State of California my commission Expires = NP 24/70 070 - BOOK 8204 FaM 2080 RZ Contra Costa County Land Conservation Contract Ho.. - EXHIBIT A PROPERTY DESCRIPTION Pursuant to Paragraph 2 of the land Conservation Contract to which :his exhibit is attached, the land described 'below Is designated as the subject of said Contract. Said.land is described as follows: That real property located in the County of Contra- Costa, State of California, more particularly described as f6nbws: The legal description to said property is contained in Sch-edule.1, consisting,of_ '._. pages, attached hereto and incorporated by reference herein. Revised July 2, 1970 00302 • °go Rz • Contra Costa County Land Conservation Contract No. EXHIBIT B ALLOWABLE LAM usrs _ BOOK 8 04 PAGE318 Pursuant to the provisions of section 8169 (a)- (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the. Land Conservation Contract. of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the teras and conditions set forth below. Said'uses and structures shall be-in addition to those authorized by Subsections (a) (1) and (b), but shall be subject to Subsections (c), _(d), (e), (f), (g), !h). (i), and (j) of Section 8169 of the County Ordinance Code. 1. Existing Non-conforaing Structures The following non-conforming structures are yeermitted, subject to the provisions of County Ordinance Code Section 8107: 2. Existing Conforming Structures rW,F X&,O-CeX (41AW 01 d evX,_, eve t 3. Proposed Structures D77t e_ 4. Existing Land Use �dalChS S. Proposed Land Use y0-� Revised July 1. 1970 00303 T" • Bou 8294 PAGE319 J Those parcels of land in the unincorporated area of the County of roritrn Costa, State of California, described as follows: PARCEL ONE Portion of the Rancho San Ramon, described as follows: Beginning on the center line of the County Road leading Prom San Ramon to Dublin, distant thereon south 320 east, 739.20 feet from the most northerI• corner of the 718.52 acre parcel of land decribed in the deed to David Glass, recorded June 18, 1861, Book 9, Deeds, page 67, said point of beginning being the most easterly corner of the 60 acre parcel of land described in the deed to Mattie E. Shuey, recorded June 10, 1891, Rook 58, Deeds, page 287; thence from said point of beginninp south 620 west alonr the southeast line of said 60 acre parcel, 3552.12 feet to the most southerly corner therenf; thence north 320 west along the southwest line of said 60 acre parcel (59 D 287), 739.20 feet to the northwest line of said 718.52 acre parcel (9 D 67); thence south 620 west along said northwest line, 2289.54 feet to the most westerly corner of said 718.52 acre parcel (9 D 67); thence south 320 east along the southwest line of said 718.52 acre parcel (9 D 67), 1535.16 feet to the most westerly corner of the 103 acre parcel of land described in the deed to Loretta I. Glass, recorded March 2, 1892, Book 61, Deeds, pare 210; thence north 620 east alonrs the northwest line of said 103 acre parcel (61 D 210) 5841.66 feet to the center line of said County Road leadinr from San Ramon to Dublin; thence northwesterly along said center line to the point of beginning. , EXCEPTING FROM PARCEL ONE: That portion thereof described as follows: Beginning on the center line of the County Road leading from San Ramon to Dublin at the most northerly corner of the 103 acre Parcel of land described in the deed to Loretta I. Glass, recorded March 2, 1892, Book 61, Deeds, page 210; thence from said point of beginning south 620 west along the northwest line of said 103 acre parcel, 706.72 feet to an Iron pipe; thence north 370 36' west, 131.6 feet to an iron pine; thence north 600 23' 40" east, 416.40 feet to an iron pipe; thence south 250 11' east, 28.97 feet to an iron pipe; thence north 600 23' east, 306.3 feet to the center line of said County Road; thence southeasterly along said center line to the point of beginning. PARrF.L TWO Portion of the Rancho San Ramon, being a portion of what is sometimes known as the "Amador Rancho", described as follows: Beginning in the center of the Cottnty Road leading from San Ramon to Pleasanton on the dividing line between the property now or formerly of "Mrs. M. J. Harlan" and the property formerly owned by David Glass; thence from said point of beginning south 320 east, 735.90 feet to station in center of said road; thence south 620 west, 3552.12 feet; thence north 320 west, 735.90 to fence on the dividinr line referred to abnve; thence north 620 east along said line, 3552.12 feet into the point of berinninr, being the same property as described in the deed to Hattie E. Shuey, re- -1- ooA -, • BOOK 8204 PAGE39 corded June 10, 1891, Book 58, Deeds, nape 287, Records of said rotin►.q of Contra Costa. EXCEPTING FROM PARCEL TWO: 1- '3be right of the public over the portion of they premises lying; within the County Road. 2- Portion of the Rancho San Ramon, being a port4on of what is sometimes known as the "Amador Rancho", deribed as follows; Beginning in the center line of the County Road leading from San Famon to Pleasanton at the most northerly corner of the 60 acre parcel of land described in the deed to Louis H. Carstensen, recorded May 9, 1935, Book 391, Official Records, page 456; thence from said point of beginning south 32" east along said center line 214.45 feet; thence south 610 48' 15" west, 259.33 feet; thence south 850 00' 06" west, 278.91 feet; thence north 260 52' 15" west, 104.14 feet to the northwest line or said Carstensen parcel; thence north 61" 48' 15" east along said northwest line, 499.06 feet to the point of beginning. PARCEL THREE Right of way granted to Jerrold N. Henry, et ux, by instrument re-- corded ecorded March 16, 1955, Book 2495, Official Records, nape 442, as follows: "A right of way, not to be exclusive, for use as a roadway for vehicles of all kinds, pedestrians and animals, and as a right of way for oil, Ras and sewer pipe lines and for electric light a9d power lines, together with the necessary poles or underground conduits to carry said lines over the North 15 feet (right angle measurements) of the parcel of land described as Parcel Two herein." -2- W OF 00cumu 1 00305 BOARD OF SUPERVISORS, CONTRA COST: COUhTY','.CALIFORNIA Re.: EstablishinR Agricultural Preserve Fo. 5-77 , and ) Authorizin:: Land Conservation ) RE:SOLUTION NO 77/124 Con tract(s)- ) The Board of Supervisors o: Contra Coste 'County 'I►FSOL"=S that:, in accordance with County Ordinance Code, Sertion X110-2.202„ and California Governncnt Code, Section 51230, this Boars is authorized to establish lands urithin the county as Agricultural Preserves; and In accordance with Count; Ordinance Code, Section 910-::.202, and California Government Code, Section 5121LO, this Bo rd is authorized to execute Land Conservation Contracts with the owners of lands included within Agricultural -Preserves, the terns o: which were established b; i{6solution ?Io. 69/763, adopted Uovember 18;-, 1969. This Board has reviewed applications for agricultural preserves and land conservation contracts, and has considered the dal; sub- mitted report(s) of the Planning Commission and the Plannin:_ Department staff thereon, and herehy finds that the a^ricultural preserve(s) as proposed is (are) consistent with the Contra Costa County General Plan. IT IS THEREFORE ORDERED that those lands described in the application(s) listed below is (are) hereby established and declared to be: Agricultural Preserve tto. 5-77 Owner Annlication '"0. WOODHILL DEVELOPMENT CO. 2094-RZ IT IS FURTHER ORDERED that the.Chairman of this Board, on behalf of the .Count;r, execute land conservation contracts with the above .owner(s) relating to those lands. PASSED and ADOPTL•'D by the Board this 8th day of February, 1977 cc: Planning Assessor Recorder k I-i1e grSOLUTIOM ?:n 97/171. 00306 i FES 15 t9TT snn-K 8704 PAcE359 - '19434 WHEN RECORDED RETURN 'i RCCC�?7�D AT REQUEST OF TO CLERK, BOARD OF SUPERVISORS _ _ _ _. FEB I - 1977 BOARD OP SUPERVISORS, coir A COSTA COUNTY, CALIFORUTA AT ( O'CLOCK M. Re: Establishing Agricultural ) CONTRA 40-ITA COUNTY RECORDS Preserve-No. 7-77 ' and ) J. R. OLSSCN Authori`l -Zin:- Land Conccrvation ) RTiSOLirrION 1``Q._ 77/125COFEE; RECORDER Cotrs c t(z). ) EE- OFF'L The Board of Supervisors of Contra CostL County 'HF30L11FS that: In accordance with County Ordinance Code, Section 1110-2.202,' and California Govern:qcnt Code, Sec4ion.51230, this Board is autliorizcd to establish lanes within the county as A:=ricuittiral Preserves; and In accordance lath County Ordinance Code, icetion R10-.t:.202, and California Government' Code, Section 51240, this Ro-rd is authorized to execute Lsnd Conservation Contracts vit'r, tete owners of lands included within Agricultural Preserves, the tern:.; of t:hich were established by ilesolution No. 63/763, adopted November 16), -10160'. This Board has reviewed applications for agricultural preserves and land conservation contracts, and has considered the duly sub— mitted renort(s) of the Planning Co-mission and the Plannin:. Department staff thereon, and hereby finds that the a?riculiural preserve(s) as proposed is (are) consis:.ent with the Contra Costa County General Plan. IT IS THEREFORE ORDERM that those lands described in the application(s) listed below is (are) hereby established and declared to be: Agricultural Preserve tlo. 7-77 O::ncr ADolication '=o, ROSA SILVA 2009-RZ P � IT IS FL'RTII%R ORDERED that the Chairman of this Board, on behalf of the .County,, cxecate land conservation contracts with the above .o:tiner(s) relating to those lands. PASSED and ADOPTED by the Board this Rt:n day of February, 1977 CERTIFIED COPY cc: Plan lin.,, - �Y,t$Qt certify that this Isa full. tree f- co-reK:t copy or the orfghml document trh:ch is on flit- in my office, ASSC C Sa:` - and that it :aa P.,.,4t ndnr,rr r'r:e Board of Recorder & rile w Superri-on of Cot-:rn t:�.tz,co•ia F.'f-alf.nta1R...a the date shown.ATTi:.T: Y l: lll:SO::, Coorcy Clerk&ezofficto Clerk of Abid Ilocrd of Superrlsors, b Deputy CierL FESnL11TIOM :an. 77.125 FEB 8 1977 Ronda Ar dahl on 00307 Boa 8204 PA060 RESOLUTIOl7 m. LAND CONSERVATION CONTRACT 1. Parties. BY THIS CONTRACT, made and entered into theJ day of hereinafter referred to as "OWNER", and the County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. Property Description, Owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such lana has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to county to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. -1- 00308 - BOOK 8204 PME361 S. Intent of Parties: Effect on Pronertv Value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the teras, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to the California Land Conservatior. Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Government Code commencing with Section 512000 as amended by Chapter 1372, 1969 Statutes). The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Board o: Supervisors Nos. (Cq4&Za_and 7. Land Use Restrictions. During the tern of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa county Ordinance Code Section 8169, which. is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or co=patible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be permitted subject to the terms and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail. -2- 00309 8?04 PAGE362 S. Modification of Restrictions. The Board of Supervisors of County may from time to time and during the terns of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to commercial agriculture and compatible uses; and said boa--d shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the term of this Contract or any renewals thereof. 9. Term and Renewal. This Contract shall be effective commenc- ing on the last day of February, 19-7-7- , and shall remain in effect for a period of ten (10) years therefrom. This Contract shall be automatically renewed and its terms extended for a period of one (1) year on the last day of February of each succeeding year during the term hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Government Code, to the end that at all times during the continuance of this Contract, as from time to time renewed, there shall be a ten (10) year terra of restric- tion unless notice of non-renewal is given. under no circumstances shal: a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the manner provided by Section 51284 of the Government Code and upon a finding by the Board of Supervisors that such cancellation is -3- 00310 • • BOOK 8204 wq%3 not inconsistent with the purposes of the Land Conservation Act, and in the public interest. It is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount- equal mountequal to fifty (50) percent of the cancellation value of the property being released from the teras of this Contract. Said cancellation value shall be determined in accordance with the provisions of Government Code Section 51283 (a) and (b). Under no circumstances shall the payment of said cancellation fee be waived. deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section 51283.3. 11. Cancellation Upon substitution of New Restrictions. This Contract may be cancelled by mutual agreement of County and Owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article MMII of the California Constitution. -4- 00311 aoo�8204 PacE364 12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- ment, the provisions of this Contract by which owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the teras of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Owner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial poz- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner'shall pay to the County a sU equal to one Hundred Per Cent (100%) of the equalized assessed value of the real property described in Exhibit-A, as established by the county 00312 . BM 8204 PACE Assessor on the lien date next following the date of breach, as lieui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa Ccunty zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in Ordinance Core Section 8169. 14. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means,' may, upon a finding by the Board of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15. New Contracts Upon Division. in the event the land under this Contract is divided, a Contract identical to the Contract then -6- 00313 . • BOOK 8?04 PAGE366 covering the original parcel shall be executed by Owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts upon division shall not affect the obliga- tions of the heirs, successors and assigns of owner as established in Section 16. 16. Contract to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the owner. 17. Consideration. owner shall not receive any payment from County in consideration of the obligations imposed hereunder, it oeing recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to Owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and Expense Information. The Owner shall annually furnish the County assessor with such information as he may require to enable him to determine the valuation of the Owner's land. -7- 00314 sank 8204 PAcE367, 19. Effect 0-Removing Preserve or Zoning Cosification. Removal of any land under this Contract from an agricultural preserve • or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue and Taxation Code. COCOSTA ATTEST Gs /� Clerk of Board By -XEGI CL�� Chairman:, Board of Super sors W. N. Bog,-Si OkrNER We the undersigned trust deed or other encuabrance holders do hereby agree to and agree to be bound by the above imposed restrictions. Approved as to Form: JOHN B. SEN, County Couns 1 NOTE: All signatures must -Ir be acknowledged. STATE OF CALFORN41 SL B County of CAN*ra tsL an{82174 368} on this 1nth • day of Ja1rif 1rV in the year one thousand nine hundcni and se1leflLyasrVM1 before Tae, rrpce C. ri rf i nkl e ,a Notary Public in and for the County of Contra Costa ,Stute of California.residing therein, duly commisuoned and sworn.persooaily appeared Ids. Roca N. Silva X--\ r�•' _ _ . . f {p__ known to me to be Tile person name subscribed to the within instrument ami acknowledged to me that the_executed the same. IN WITNESS 1' EREOF I base hereunto set my ud affixed my official 00315 seal in the County of L day and year is this certificate fuu Titten. t � • Public in and f the County of tra Costa Statc of California a 21 fam Nu.G1eOlxaS—Adm+.icJpwets MY Commission Expires v aoox8264 PACE369 RZ Contra Costa County Land Conservation Contract No. EXHIBIT A PROPERTY DESCRIPTION Pursuant to Paragraph 2 of the Land Conservation Contract to which chis exhibit is attached, the land described below is designated as the subject of said Contract. Said land is described as follows: That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said property is contained in Schedule 1, consisting of pages, attached hereto and incorporated by reference herein. Revised July 1, 1970 00316 BOOK 8204 FACE370 400230 The land refetred to in this 1teport is situated in the State of Cali£oraia.County of Contra Costa Unincorporated Area and is described as follows: Portion of Lots 4 and 5, Clap of the property of the Estate of Elizabeth A. Doughery, deceased, Alomeda and Contra Costa County, which map was filed on May 4, 1391, in Volume C of traps at- page 63, Contra Costa County Records, described as follows: BEGINNING at a white oak tree 4 feet in di.:mete_, standing at tiJ-, most norther corner of the 254.97 acre parcel of land described in the deed from James Witt Dougherty to Antone Perry Silva, et al, dated June 8, 1923, recorded June 23, 1923, in Book 435 of Deeds, page 417; thence from said point of beginning, south 5.1.° 45' oast along the north line of said 254.97 acre .traet, 59.65 chains to a point in the center line of a road 66 feet aide knovm as the Tassajara Road, being on the gest line of the 91.70 acre parcel of land described in the deed from J.mnas Uls tt Dougherty to Maaucl Brown, dated September 15, 1911, recorded October 9, 1911, in Pook 170 of Deeds, page 379; thence south 90 ::est along the west line of s-id Brown tract, 15.46 chains; thence leaving said Road, north 75° west 3.45 chains to a point on the north bank of Tassajdra Creek; thence along said creek bank, south 801 15' west, 1.10 chains; north 65° west, 1.60 chains; north 18° 30' west 0.97 of a chain; thence leaving the bank of Tassajara Creek, crossing the same, north 66° 15' west, 3.96 chains to a white oak tree, 18 inches in diameter, on the western bank of said creek; thence north 72° 12' 40" wF:st, 46.59 chains to a point on the west line of the said 254.97 acre tract; thence along said westerly line of said 254.97 acre tract, north 00 45' west:, 1.08 chains; north 5' 30' east, 9.90 chains; north 1.23 chains to the corner of Lots 4, 20 and 21; thence along the line between Lots 4 and 21, north 12° east, 2.20 chains; thence leaving said line, north 470 30' east, 12.25 chains to the point of beginning. EXCEPTING TIiEREFROM; The right of the public over that portion of the premises lying within the County Road. County Assessors Number: 206-070-006 SPECLIL INFORMATION Unless shorn in the body of this prelininnry report there appears of record no transfers or agree- ments to transfer the land described herein recorded during the period of six months prior to the date of this report,except as follows: 00317 None. ire-n..t. _Z0_Rz Contra Costa Co y► Land Conservation Contract EXIT 8 coax 8204 PacE371 ALIAWASLE Lam➢] USES Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject.tb the terms and conditions set forth below. Said uses 'and structures shall be in addition to those authorized bp;Subsections (a) (1) and (b), but shall be subject to Subsections (c),.(d), (e), (f), (g), (h), (i), and (j) of Section 8169 of the County Ordinance Code. 1. Existing tion-conforming Structures The following non-conforming structures _ are permitted, subject to the provisions of County Ordinance Code Section 8107: 2. Existing Conforming Structures i-w o cSotr�?� 3. Proposed Structures d hQ 4. Existing Land Use 5. Proposed Land Use S Revised July 1, 1970 END OF DVrIAIE{),; 00318 - -- --- - 15 19n - --- Boas-82 4 P, 387. L1943 !�'.�^Q7�D AT REQUEST OF WHEN RECORDED RETURN To CLERK, CQI_ M COSTA_COUNTY BOARD OF SUPERVISORS - FEB 11977 - -"- BOARD'OF SUPI:RVZSORS, CONTRA CO3T.t COUNTY,. CALIFORNIA O'CLOCK P M. Re: Establishinz Agricultural ) C07rt". C �Ta COUray RECORDS Preserve No. 9-77 , and ) / J. R. C'LSSON Authorizin:- Land Conservation ) RESOLUTION 190.. 77AI%-r'ITY RECORDER Contrnct(a). ) . OFF'L The Board of Supervisors of Contra Costa County`Rr-30L"-S that: In accordance w:th- Coutity Ordinance Code, Section 910-..2.202; and California Government Code, Section 51230, . this Board is authorized to establish lands within the county as A.rricultural Preserves; and In accordance with County Ordinence Code,..Section +10-:;.202, and California Government Code, Section. 512.110, this Boird -s authorized to execute Land Conservation Contracts -ith the owners of lands included within Agricultural Freservcs, the. terms of which were established by Resolution No. 69/763, adopted 11ovemlocr-1$,.1969. This !Board has reviewed applications ;or al:ricultural preserves and land conservation contracts, and has considered the dul;r sub- mitted report(s) of the Planning Ca:..ission and the Plafnninlz . Department staff thereon, and hereby finds that the airicultural preserve(s) as proposed is (are) consistent with the Contra .Costa County General Plan. IT IS THEREFORE ORD_!HF?.D .that those lands described in the application(s) listed below is (are) hereby established and declared to be: Agricultural Pr est.rve 11o. 9-77 - Owner Aunlication LEE 8 BETTY VINSON 2084-RZ IT IS FURTHER ORDERED that the Chairman of.' this Board, on.: behalf of Lhe .County, execute land conservation contracts xit4 the above owner(s) relating to .those lands. PASSED and ADOPTED by the Board this Rt.,b day of-F�h,,,,a,�,� j a77 CIMHM COPY- cc: Planning— � f certify that'this is a lull. true& enrrnet copy of the orwmd doeamont Which e Is on file in my office. A s s c a son ___ lig and that it Was Moja bd adnptod be the.libard of Recorder f: Pile! ' Sut�r*i.ora of Comm C� :r; t'nttntt•. Callfn.—tu. on the date SIVI-M ATTIXT- J. l:. nt_SSO.v. County Clerk&esofftelo Clerk of said tabard of Supervisors. flepnty Clerlt. FEBpt:SnL,ttTICH frn 77 , ` 8 1917 "' OQ Ra�3 ArtlQeAf 00319 • . . • BOOK 8204 PAO% . REsoL,uTlcc� ro. 2� E 0O to t� � l ONTR --=TA COUNTY LAND CONSERVATION COWERACT 1. Parties. BY THIS CONTRACT, made and entered into the day of 'F�tolcu aN!::� . 19 J- U �4Soh hereinafter referred to as "OWNER", and the County of Contra Costa, a political subdivision of the state of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follcrds: 2. Property Descriptionowner possesses certain real property located within the County, which property is presently devoted to agricultural and co=atible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. 00320 • -1- Boa 8204 PAGE389 5. Intent of Parties: Effect on Property Value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIIJ of the California Constitution so the effect of the teras, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part.l of Division l-of Title 5 of-the California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes). The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division �,�8�9�,,, and "resolution: of the Contra Costa County Board of Supervisors rtos: `L'�i-°a2w=and- 7. nd 7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for .any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County Ordinance Code Section 8169, which - - - is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be permitted subject to the terms and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail. -�- 00321 - B00A 8204 PAGE390 . 8. Modification of Restrictions. The Hoard of Supervisors of County may from time to time and during the terra of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to commercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the term of this Contract or any renewals thereof. 9. Term and Renewal. This Contract shall be effective commenc- ing on the last day of February, 19'4"It , and shall remain in effect for a period of ten (10) years therefrom. This Contract shall be automatically renewed and its terms extended for a. period of one (1) year on the last day of February of each succeeding year during the term hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Government Code, to the end that at all times during the continuance of this Contract, as from time to time renewed, there shall be a ten (10) year term of restric- tion--unless notice of non-renewal is given. Under no circumstances.shall a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby owner agrees to restrict the use of the land des- cribed in Paragraph 2'may. be cancelled as to all or a portion of said land by mutual agreement of the County and owner-after a public hearing has been hold in t'ie manner provided by Section 51284 of the Government Code and upon a finding by the-Board of Supervisors that such'cancellation is -3- 00322 BOOK 8204 PAGEM not inconsistent with the purposes of the Land Conservation Act, and in the public interest. It is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for• cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may ba put. Upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the terms of this Contract. Said cancellation value shall be determined in rccordance with the provisions of Government Code Section 51283 -(a) and (b). Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section 51283.3. U. Cancellation Upon Substitution of New Restrictions: This Contrast may be cancelled by mutual agreement of County and owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article XMII of the California Constitution. 00323 goo{8?04 POW 12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- ment, the provisions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or .a portion of-the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Owner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the.use of land or a substantial cor- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner shall pay to the County a sum equal to One Hundred Per Cent (100%) of the equalized assessed value of the real property described in Exhibit A, as established by the County _S_ 00324 '• 800,8204 PAcF393 Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced cou-•sty ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that-notl&nq herein contained shall"coa`stitute' a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in Ordinance Code Section 8169. ld. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the Board of Supervisors that.said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County-as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15. New Contracts Upon Division. In the event the land under this Contract is divided, a Contract identical to the Contract then -6- 0OW BON 8204 PME394 covering the original parcel shall be executed by owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts.upon division shall not affect the obliga- tions of the heirs, successors and assigns of owner as established in Section 16. 16. Contract to Run with Land. The within Contract shall run with.the land described herein,-and,-upon division, to all parcels, created therefrom, and shall be binding upon the heirs, successors, and assigns of the owner. 17. Consideration. owner shall not receive any payment from Coun:-y in consideration of the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and Expense Information. The Owner shall annually furnish the County Assessor with such information as he may require to enable him to determine the valuation-of the Owner's land. . -7- - .00325 nog,8204 X395 19. Effect of Removing Preserve or Zoning Classification. Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof. shall be the equivalent of notice of non-renewal by the County for purposes,of Section 422 of the Revenue and Taxation Code. fm COSTA ATTEST / C- . s �� ;4 CJex1. of Chairman, Hoard of XuAervisors ,C W. N. B699ass 04d1iER �-- 4 We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above imposed restrictions. FIDELITY SAYINGS AND LOAN ASSOCIATION V.-L. rl%prwo,—vice`P MY clen"t Approved as Form: JOHN 13. SEN, Cotte M MOTE:. All signatures must js be acknowledged. B BOOKSM PUE3% State of � On this the day of / 19 before me, �SS. County of�. `««r Ct the undersigned Notary Public,personally appeared G/:�.-- — known to me to be the person(s)whose name(s) subscribed OFFLC to the within instrument and acknowledged that �'- 1AL SEgi, NOTARY PU,�KING executed the same for the purposes therein contained. AW _ �oRMMA IN WITNESS WHEREOF, I hereunto set my hand and official seal. c COUNTY �7 tnmm espy AAJN 26. ism (Corporation) STATE:OF CALIFORNIA COt)ATy OF ALAMEDA 1} SS. On January 6. 1977 before me.the undersigned.a Notary Public in and for said State.personally appeared W. L_ Hower rd Yknown to me to be the V t Ce I.vwcu.. Y�KYYYYYYYYYYYYYYYYYYYYYY YY YYy C iXi2flGLct4xii o[ the corporation that executed the within Instrument, Y = known to we to be the personi who executed the within --- a0 instrument on behalf of the corporation therein named, and OFFIrM SEM t acknowledged to me that such corporation executed the within DIANA L. MEYER instrument pursuant to its by-laws or a resolution of its board • f direclurs �� NOTARY FUELIC . CALIFORNIA AUUo WITNESS my hand and official sr�l. am"Eau toutm >rr t.wmsysa E,a.r.Yana L+,193 SignatureDiana L. Meyer 00327 Name (Typed or Printed) talt-6)1 (Tera m rrr�sww rlrW sun - - Boot 8204 PA097, 20 q Contra Costa County Land Conservation Contract.No. Q _ EXHIBIT A PROPERTY DESCRIPTIO:: Pursuant to Paragraph 2 of the Land Conservation Contract to which this exhibit is attached, the land described below 'is designated as the subject of said Contract. Said land is described as follows: That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said property is contained in Schedule 1, consisting of a' pages, attached hereto and incorporated by reference herein. Revised July 1, 1970 00328 } y BOOK 8204 w398 ' Q .-tea` -R Contra Costa County Land Conservation Contract No. `- EXHIBIT B ALLOWABLE L2t.9 USES Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the terms and conditions set forth below. Said uses and structures shall be in addition to those authorized by Subsections (a) (1) and (b), but shall be subject to Subsections (c), (d), (e), (f), (g), (h), (i), and (j) of Section 8169 of the County ordinance Code. 1. Existing hon-conforming Structures ~^_ The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code Section 8107: 2. Existing Conforming Structures 3. Proposed Structures d.- Existing Land Use 5. Proposed Land Use Revised July 1, 1970 00,1 '100 ` ifAffffffff!lllAttf�*At!'AA4ANN4�A�/Nl1A*NAflf*M'AfAAAfAAfAAMAlIflfAfAAyf. .. FOALS TITLE COmPUny oROER NO. 114916 EXHIBIT "A" BON SM 3� The land referred to is situated in the State of California ; County of Contra Costa, an un-incorporated area, and is • described as follows: PARCEL ONE: All that certain real property situated in the unincorporated area of Contra Costa County, State of California, being a portion of the Northeast 1/4 of Section 2, Township 2 South, Range 1 East, Mount Diablo Base and Meridian, and being all of Parnal "C" as shown on that certain Record of Survey recorded March 23, 1966 in Book 41, Licensed Surveyors Map,:, at page 6, * Contra Costa County records. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND: Beginning at the southwest corner of Parcel "B"; thence along the westerly line of aforesaid Parcel "B" North 00° 04' 03" West, 1023.91 feet to the northwest corner of aforesaid Parcel "B", said corner being on the Section line common to Secticn 2 and Section 35, Township 2 South, Range 1 East, Mount Diablo Base and Meridian and the northerly. line of aforesaid Parcel "B"; thence leaving said westerly line along said common Section line, South 890 51' 09" East, 1375.92 feet to the northeast corner of aforesaid Parcel "B"; thence leaving said common Section line along the general southeasterly lines of aforesaid Parcel. "B", South 26' 42' 25" West, 373.57 feet; thence South 59* 26' 21" • West, 432.43 feet; thence leaving said general southeasterly line South 530 12' 48" West, 741.23 feet to a point on the southerly line of aforesaid Parcel "B"; thence along said southerly line y s South 84' 34' 09" West, 241.91 feet to the point of beginning. 49 EXCEPTING FROM PARCEL ONE: "One-half (1/2) of all oil, gas, and minerals, in, on or under * t,.e surface of the land described herein", as reserved in the Deed from Mary G. Brazil, a widow, to David P. Figueiredo, et ux, et al, recorded February 7, 1960, Book 3800, pagl46, of Official Records. PARCEL TWO: r M A right of way granted from William Perry Silva, a widower, * Wilbert Melvin Perry and Helen Perry, his wife, to Lee G. Vinson « and Bette B. Vinson, his wife, by Deed recorded October 7, 1965, 49 Book 4986, page 222, Official Records, for roadway purposes, including vehicular and pedestrian traffic over a strip of land i fity (50) feet in width, being and extending twenty-five (25) feet on each side of a center line described as follows: 00330 ; * Poar 5 _ of 6 P000% .....Kr.......f....f.ff.f.......f.........................................W.................. _ � rffflrtfNriltlffN**fNM*NMfM lNfMiifflNfr�ftiflfrtfflf►1! FOUnRS TITLE company ORDER NO. 11 800A 8204 Fa460 Beginning at a point on the west line of Section 2, eastern extremity ; of Johnston. Road, from which point the east 1/4 corner of Section ; 3, Township 2 South, Range 1 East, Mount Diablo Base ana Meridian R ► lies south 25.00 feet; thence from said point of beginning along the arc of a curve. deflecting left with a 4zus of 79.35 feet, 69.93 feet; thence North 370 42' 37" East,-,Z.3-86.28 feet; thence 0 along the arc of a curve deflecting righp-$with a radius of 250 * feet, 164.58 feet; thence North 75° 25' '4!9 East, 363.76 feet; + thence North 580 34' 17" East, 137.69 feet; thence North 450 45' 57" East, 305.01 feet; thence North 57° 16' 37" East, 131.32; » feet; thence North 690 22' 34" East, 489.16 feet; thence along , the arc of a curve deflecting right with a radius. of 543.83 feet, 556.44 feet to a point which bears North 38° 30' 00" East from s the center of said curve; thence along the arc of a curve deflecting left with a radius of 1200 feet. r • r . 49 41 r � r . r ` r � r �- - • � 49 • a 49 41 i * . i 4W ► « ♦ ♦ • ► - • • • 00331 4 Poop of... of �' P09-S ElYO OF OUCUMENZ .... .�f►.Mrr�f♦fff����-----.r............ ............... ......... - SEB 15eo $� :�� `:�..�! 1977 � i WHEN RECORDED RETURN. ; TO CMRx, BOARD .0f. 3UPERVISORs FEB 15 ; BOARD OF SUPERVISORS, COMMA COSTA COUNTY, CAI, � O'CLOCK./ :. M. STA COUNTY RECORDS Re: Establishing Agricultural ) COUNTY RLECARDEii Preserve J.1o. 8-77 , and ) Authorizin:• Land Conservation ) �4?;SSOLUTION NO.. :CCI[ Contrnct(a). ) rr L The Board or Supervisors o: Contra Costa-County 'HF3-OV1F3 that: In accordance with Cournty Ordinance Code, Sention a10-2..2021; and Calirornin Government Code, Section' 512.30, this Board is authorized to establish lands i:ithin the county as Ao-ricultural. mq Preserves; and ' In accordance with County Ordinenc.e Code; Section 910-4.202; and California Government Code, Section 51210, this Board is authorized to execute Land Conservation Contracts with the o.ners or lands included within Agricultural Preserves, .the tern.. o;'.which . . were established by resolution No. 691763, adopted november 13,..1969. This Board has reviewed applications for agricultural presirves. . ' and land conservation contracts, and has -considered the duly sub mitted report(s) of the Planning; Comnissien and the Flanninr Department staff thereon, and hereby finds that the a^riculiural. preserve(s) as proposed .is (are) consistent with .the Contra Costa County General Plan. IT IS THEREFORE ORDERED that those lands described in the application(s) listed below is (are) hereby established and declared to be: Agricultural Prestrve 11o. 8-77 C:-:ner. . Aunlication No. ALBERT D. SEENO CONSTRUCTION CO. 2090-RZ IT IS FURTHER ORDERMS that the Chairman."or..•this:Board,. on: j behalf or the .County, execute land conservation contracts with the ` above .owner(s) relating to those lands.,) PASSED and ADOPTED by. the Board this 8th- day of Februar�j. 1977 CERTIFIED COPY c c: A s s c s Planning I.certitr that this is a full,true �.correct copy of y ASSCQ;. 2` �__ a w a.Idnai daeursant rhtrh is or^.t+in my office.: Recorder Fe Fila and timat it was ox a ;d"re...Tom, roarM of . . Supervisors of Cav::.- . • rr.^.rr.-. ^,11•4cuit. on the date shown.A.-171. : .f, n•?:3L1Y.•County Cleat tr ex•otficla Clerk of ea!d:'a::.d o:dupe"ors. PESOL,UT IOM No 77/121 cie:sz FEB 8 .1977 . oa Ronda Amdaw Boot 8204 Fw280 RESOLuTion ro. 4 1 I a LAA9 CONSERVATION CONTRACT 1. Parties. . BY THIS CONTRACT, made and entered into the 4's14, day of , !x , 1977, j- A D. SEENO CONSTRUCTION COMPANY hereinafter referred to as "OWNER", and the/County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. -1- I 00333 aoo'8204 PxOl 5. Intent oRarties: Effect on Property Value. It is the ,.tont of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes). The within Contract is further made pursuant to and subject to Contra Costa County ordinance Code, Title 8, Division 89, and Zesoluaons of the Contra Costa County Board of Supervisors Nos. �1-�'..�- andr�� • 7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County Ordinance Code Section 6169, which is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be permitted subject to the terms and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall :prevail. -2- We) BOOK 8204 PAcF282 B. Modification of P.estrictions. The Board of Superviscra of County may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8159, add to those uses listed in said ordinance; provided that such additional uses shall be limited to commercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the term of this Contract or any renewals thereof. 9. Term and Renewal. This Contract shall be effective cocssenc- ing on the last day of February, 19-41 , and shall remain in effect for a period of ten (10) years therefrcQ. This Contract shall be automatically renewed and its terms extended for a period of one (1) year on the last day of February of each succeeding year during the term hereof, unless notice of non-renewal is given in the spanner provided by Section 51245 of the Government Code, to the end that at all times during the continuance of this Contract, as from time to time renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given. Under no circumstances shall a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 21, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the manner provided by Section 51284 of the Government Code and upon a finding by the Board of Supervisors that such cancellation is -3- 00335 • aou 8204 PAcE283 not inconsistent with the purposes of the Land Conservation Act, and in the public interest. It is understood by the parti,s that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may ba put. Upon-cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the terms of this Contract. Said cancellation value shall be determined in r.ccordance with the provisions of Government Code Section 51283 (a) and (b). Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Goverment Code Section 51283.3. 11. Cancellation Upon Substitution of New Restrictions. This Contra•'t may be cancelled by mutual agreement of County and Owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article X=111 of the California Constitution. 0orldi s • moor,8?04 ?AcF284 12. r—inent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent Amain by a public agency for a public improve-, ment, the provisions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. If`, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth In this Contract shall, without further agreement of the parties herein, be reinstituted and the teams of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Owner fails to comply with the teras and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, owner shall pay to the County a sunt equal to one Hundred Per cent (100%) of the equalized assessed value of the real property described in Exhibit A, as established by the County -S- c 000,17 BOV 8204 PAGE2% Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the-harm which would. result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage-of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in Ordinance Code Section 8169. 14. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the Board of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15. New Contracts Upon Division. In the event the land under this Contract is divided, t Contract identical to the Contract then -6- t 00338 Box 8204 PAGE286 ' covering the original parcel shall be executed by Owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, ' as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of owner to execute Contracts upon division shall not affect the obliga- tions of the heirs, successors and assigns of Owner as established in Section 16. 16. Contract to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the owner. 17. Consideration. owner shall not receive any payment from Coun_y in consideration of the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and Expense Information. The Owner shall annually furnish the County Assessor with such information as he may require to enable him to dete=Line the valuation of the owner's land. -7- 00339 BOOK 8204 ?AcE287. ' 19. Effect Removing Preserve or Zoning Classification. Removal of any land under this Contract.-from an agricultural preserve tF or removing the agricultural 15reserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue and Taxation Code. O CO COSTA ATTEST erk o Board By Chairman, Board of Sup isozs VV. N. Boggjss OWNER a timited partnership ' BY; ALBERT 0.SEENO CONSTRUCTION CO..It: • ,� .�1c ra -Nf We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the ve imposed restrictions. • 1-011, r 1 • a Approved to Form: JOHN Us el U �---_--_ NOTE: All signatures must be ackna+ledged. By -8- puty STATE OF CALIFORNIA, BOQit 8204 PAGE2% ( COUNTY OF CONTRA COSTA 1 SS On this1!T _ day of JANUARY , I9 77 before me SUE ROCHELLE , a Notary Public in and for said county and state,personally appeared ALBERT D. SEENO, JR.. known to me to be the Vice President of the corporation that executed the within instrument on behalf of said corporation, said tion bei known to me to be one of the partners of ALBERT D. OFFICIAL SEAL n9 SUE ROCHELLE SEEI40 CONSTRUCTION CO., the partnership that executed the within purr ti!£trr-c attzaw instrument and acknowledged to me that such corporation executed the (%'.P'CO,=A MINTY same as such partner and t such}paenhip executed the same, SUE ROCHELLE Notary Public STATE OF CALIFORNIA ) COUNTY OF CONTRA COS")SS ON JANUARY 18, 1977, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLARD G. MORGAN and NAOMI L. MORGAN known to me, to be the persons that 'executed the within instrument and acknowledged to me that they exejuted the same_ r WITNESS my hand and official seal. csa -^�-C�- ��✓/ OFF iCt:.l SEAL _ SUE ROCHELLE SUE ROCHELLE, NOTARY PUBLIC IN AND FOR SAID STATE '^ 1 1AJ6 Fustic—uUmna CONTRA COSTA CDUhTYoOO ■.Canr,.;zs:x&pnn!! ••;7e iSuII _?b Rz a.m-8204 PmE289 Contra Costa County Land Conservation Contract No. T� EXHIBIT A PROPEM DESCRIPTIO:) .Pursuant to Paragraph 2 of the Land Conservation Contract . to which this exhibit is attached, the land described below 'is designated as the subject of said Contract. Said land is described as follows: That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said property is contained in Schedule 1, consisting of pages, attached hereto and incorporated by reference herein. Revised July 1, 1970 OO-q41,f - f t Contra Costa Co=ty Land Conservation Contract No. mum= B BOOK 8204 PmEM ALL AIMLE LARD USES Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the terms and conditions set forth below. Said uses and structures shall be'in addition to those authorized by Subsections (a) (1) and (b), but shall be subject to Subsections (c), (d), (a), (f), (q), (h), U), and (j) of Section 8169 of the County Ordinance Code. 1. Existing Non-tconfoxminq Structures The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code Section 8107: 2. Existing Conforming Structures 3. Proposed Structures 4. Existing Land Use 5. Proposed Land Use t Revised July 1, 1.970 00342 ....*:•+M N t t�t m+�*�*�++i+++s++h++�+++r��++s���f t�s s�s+►+*+��f*�t�r e s • FOUDDERS TITLE company ORDER NO. 500190 ' EXHIBIT ♦A" mox 8904 PAL 2g1 The land referred to is situated in the State of California, t County of Contra Costa, an un-incorporated area, and is described as follows: All of Section 11, Township 1 South, Range 1 Eay`t, Mount Diablo ' Base and Meridian. r r - s • s . r • . • f • • s • s • s . • . • . • 41 • .. • - - - - s r M t► IV r � r _ w r r • • i b • paw- 3.. of. .3: dos-s MD OF DOW1+180 00343 .••• .f♦♦�r.•♦..♦f♦♦♦!•♦♦•♦♦.�♦••........ • . , FEB 1519Tf eoox 8204 PAGE429 .RECORDED RETURN RECORDED R REQ'.'_rT OF To CMRK.OF 19439 ��SMA m�^ BOARD OF SUPERVISORS _ FEB 15 BOARD OF SUPERVISORS, COWrRA CO3TA COUNTY, cALTFORAr�A �o'CLac:; M. Re: Establishinw. Agricultural ) CONTRA COSTA COUN Hy RECORDS Preserve., 'C No. 10-77 J. R. OCSS N , and ) OUNTY'RECORDER /tuthoi•izin:- Land Conservation ) �B-SOLIITION NO.. 77f928 FEE Contrnct(a). ) • ' -Oyf The Hoard or Supervisors of Contra .Costa •County 'Rr3OL11FS that: In accordance with County Ordinance Code, Section t31O-?.202, and California Government Code, Seetion 51230, this Roars is authorized to establish lands within, the county as Aplricultural Preserves: and In accordance with County Ordinence Code, Section R10-::.202, and California Gorernnent Code, Sec-.:on 51240, this Board is authorized to execute .Land Conservarion Contracts with the owners of lands included within Agricultural Preserves, - the .term= of t:hich were established by Resolution No. 69/763, adopted November 2$,• 1969. This 3oard has reviewed applications ;or a;;ricultural preserves and land conservation contracts, and has considered the dsl sub- mitted report(s) of the Planning Commission and the Pla.nninc. Department staff thereon, and hereby: finds that the a?ricultural preserve(s) as proposed is (are) comistent with the Contra Costa County General Plan. IT IS THEREFORE ORDERED that thoss- lands described in the _ application(s) listed below is (are) hereby established and declared to be: Agricultural Prest:r:re Ila. 10-77 O:aner Auhlication No, . ROBERT NEIL b SHARON HAERA 2085-RZ IT IS FURTHER- ORDERED that- the Chairman of this Board, on behalf or the .County, execute land conservation contracts with the above owner(s) relatinb to those lands. PASSED and ADOPTED by the Board this 81h dag of February. 1977 CERTIFIED COPY CC: Planning _ I eertug eu.t this in a felt. true F correct copy of ASSC q S52`' the oriOnat..dorument+h!-%won flip In my offire Recorder & Pile and that.ht ,bas rms.�! fi r0r-t-d ty•t•+ Rpard of Super-;Uors of ton::r f-:•i i;•.r.t-m f••'•;nrzla. on the date sh:o f-L A:-rr-'T: L it. nl«S:O�. County clerk h evotficto Clerk or acid Buntd of Suyery Iso RESn1„lrmIOM un. 77/128. h Deputy clerk. F td 8 1971 i an AOttda Aaldaht owl • • BOOS 8?04 Ffi.4 0 RESOLUTION NO. LAND CONSERVATION CONTRACT � 14- 1. Parties. BY THIS CONTRACT, made and entered into the day of Til__ .�.a..,..L , 19�1, ROBERT N. HAERA and SHARON A. HAERA hereinafter referred to as 'OWNE'R", and the` County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. Property Description. owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both owner and County intend that the terns, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. 00345 • -1- r_ 0 aoo,8204 PAGE431 5. Intent of Parties: Effect on Property value. It is the intent of the Couaty and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes). The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Board of Supervisors Nos. (CF ' and 17) l:iZ 7. Land Use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein: pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be pe=itted subject to the terms and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail. -2- 00346 BOOS 8204 FArf432 8. Hodification of Restrictions. The Boa of Supervisors of County may from time to time and during the term of this Contract or any extensions thereof, by amerxbment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to ccemercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the owner or his successors or assigns, a compatible use during the term of this Contract or any renewals thereof. 9. Term and Renewal. This Contract shall be effective cemmenc- ing on the last day of February, 19 , and shall remain in effect for a period of ten (10) years therefrom. This Contract shall be automatically renewed and its terms extended for a period of one (1) year on the last day of February of each succeeding year during the to— hereof, unless notice of non-renewal is given in the manner provided by section 51245 of the Government Code, to the end that at all times during the continuance of this Contract, as from time to time renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given. Under no circumstances shat" a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. l0. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the manner provided by section 51284 of the Government Code and upon a finding by the Board of supervisors that such cancellation is -3- 00341 800.8204 PAGE433 not inconsistent with the purposes of the Land Conservation Act, and in the public interest. it is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount- equal mountequal to fifty (50) percent of the cancellation value of the property being released from the terms of this Contract. Said cancellation value shall be determined in ac=rdance with the provisions of Government Code Section 51283 (a) and (b). Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section 51283.3. 11. Cancellation Upon Substitution of New Restrictions. This Contract. may be cancelled by mutual agreement of County and owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article XMIII of the California Constitution. -4- 00348 soox$?Od eAcE434 12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- ment, the provisions of this Contract by which owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the ]and subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that C mer * fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the r purpose and effect of this Contract, owner shall pay to the County a su; equal to One Hundred Per Cent (100%) of the equalized assessed value of the real property described in Exhibit A, as established by the County -S- 00349 r S • Box 5204 PAGE435 Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in Ordinance Code Section 8169. 14. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means,.' may, upon a finding by the Board of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15. New Contracts Upon Division. In the event the land under this contract is divided, a Contract identical to the Contract then -6- 00350 BOOK 8204 PAGE436 i 40 covering the original parcel shall be executed by Owner on each parcel created by the division at the time of the division. Any agency making , an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of owner to execute Contracts upon division shall not affect the obliga- tions of the heirs, successors and assigns of Owner as established in Section 16. 16. contract to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the Owner. 17. Consideration. owner shall not receive any payment from County in consideration of the obligations imposed hereunder, it-eeing recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to owner as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and EXpense Information. The Owner shall annually furnish the County Assessor with such information as he may require to enable him to determine the valuation of the Owner's land. -7- 00351 Boa 8204 PAcE437. 19. Effect* _Removing Preserve or Zoning W-sification. Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of section 422 of the Revenue and Taxation Code. COUNTY OF CONTRA CO ATTEST erk .� � ��.r�C c�k1 Chairman, Hoard of supervisors Q4-pLlti-t' W. N. Boggess OWNER F,gL AyyZxkA t ' We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above imposed restrictions. , Approve as to Form: Mk `l JO CI.y1U ', >s el NOTE: All signatures must be acknowledged. av091 _ r STATE OF CAUFORMA, BOURN mm438 Cou*.4 Al-asnarta On this 31st day of December in the year one thousand nine hundred and seventy-six n before me, NTIM4 4 W4t KKR - a Notary Public in and for the County of Alameda .State of California,residing therein, duly commissioned and sworn,p--Uy appy Robert N Haera and Sharon A Haera Iomwn to me to be the perso+s whose names are subscribed to the within HUGH A. WALKER instrument,and odanowledged to me that them_executed the some. NOTARY PUBLIC-CAU RNIA IN WMsIB5 WHEREOF I have hereunto set my hand and affixed my official seal ALAMEDA COUNTY in the _Countyof Alameda the day and ear in this my.Commission Expires June 5,1977 tortiFicofe forst above written 1 Notary Public in and for the County of h 1 q riyF.r1 a (Aduawledgment-GeneraQ State of Califomig�ll n�( My Commis:;,Expires June 5- 1977 ( ATMRNvrS FRe,rma surmy FORM NO.4 U k Boo-(8204 PACE439 2085 Rz Contra Costa, County Land Conservation Contract No. EXHIBIT A PROPERTY DESCRIPTION Pursuant to Paragraph 2 of the land Conservation Contract to which chis exhibit is attached, the land described below is designated as the subject of said Contract. Said land is described as follows: That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said property is contained in Schedule 1, consisting of one pages, attached hereto and incorporated by reference herein. Revised July 1, 1970 00353 �(1R5 RZ Land Costa Aty aad Conservation Contract. E� EXHISzs B Box 820A FAff440 ALLOWA= LAW USES Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the terms and conditions set forth below. Said uses and structures shall be in addition to those authorized by Subsections (a) (Wand (b), but shall be subject to Subsections (c),-(d), (e), (f). (g). (h), (i), and (j) of Section 8169 of the County Ordinance Code. 1. Existing h%=-conforming Structures The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code Section 8107: i✓o.vC 2. ExistiM Conforming Structures 3. Proposed Structures 4. Existing Land Use S. Proposed Land Use s 00354 Revised July 1, 1970 904 mt441 The real property in the County of Contra Costa, 'State of California, describedas The South one-half of the South st Quarter of. ', the North-West--Quarter (S. 1/2 of S. W. 1/4; of N. W,) ; of Section Eight (8) in Township Two (2) South Range Two '(2) East, ;Mount Diablo Base and Meridian. Assessors Parcel No. 006-170-004, .e fG. 00355 SCHEDULE 1 END DC n-NUmUA BOOK Wuk PAGE541 WHEN RECORDED RETURN � FSB 151817 � RECORDS AT REQUEST OF TO dLERK, 11-9431 -- l A GASiA-COIA BOARD OF SUPERVISORS � > FEB 15 197.7 BO%1RD '6P SUPERVISORS, CONTRA COSTA COUNTY, CALTFOMIAO'uO'_K M. tANTTZA C1�'TA r_Ots47Y RECORDS Re: Establishini` APricultural ) J. Q C!«OW ' Preserve No.. 11-77 , and ) - COUNTY RECORDER ` huthol•i zing- Land Conservation ) RF•;.SOLUPION.t.O.. 72 Ij 29 FEE: OFF'L Contrnct(s). ) The Board of Supervisors of Contra Costa'County "RFMOL'IFS that: In accordance with Couiity Ordinance Code, Sertion R10-?.202, and California Government •Code, Section 51230, this Board. is authorized to establish lands within the county as Agricultural Preserves: and ' In accordance with County Ordinance Code, Section X10-1;.202, . ' and California Government Code, Section 51240, this. Bo rd is authorized to execute Land Conservation Contracts with the owners of lands included within ARric:iltti:al' FFreserves, the tert".s of tihich were established by Resolution No. 69/763, adopted flovem locr 18, 1969. This ,Board has reviewed applications for agricultural preserves and land conservation contracts, and has. considered• the- dal;: sub- mitted ub mitted report(s) of the Planning Commission and the Plannin. Department staff thereon, and hereby- finds that the agricultural preserve(s) as proposed is (are) consistent with the Contra Costa County General Plan. IT IS THEREFORE ORDERED that those lands described in the application(s) listed below is (are) hereby established and declared to be: Agricultural Prestrve 11o, 11-77 O::mcr A-Dalication '10. WALTER D. BETTENCOURT 2070-R2 IT IS FURTHER ORDS D that the Chairman of..this,Board, on - J behalf of the .County, .execute land conservation contracts with the- above .owner(s) relating to those lands. PASSED and ADOPTED by the Board this 8th day OfFebr,,, 1977 cc: Planning. S Assessor, 1 CERTIFIED COPY Recorder.& File --- I certify that this is a fall.true correct in co ff of the ori.itat document vrhteh is na file fa tn7 office. sad thit it was Fw,.4A C. .0op ed by te. h•hoard at 1��$n1ttTY(TRt t.'A 77 Zg th+ date sho+a..1:raG":'t JCI laot so..''. conaty Clerk&ez•officlo Clerk of said Board of Supervisors, b Delmer clerk' TE 8 1977 R r.,r��r. ` �i.-ti !�►s� on — Ronda Amdahl 00353 j Loan No. 98983 aoo�82-10 PAGE322 ES ROLUTION NO. -t LAND CONSERVATION Co23TRACT CC 1. Parties. BY THIS CONTRACT, made and entered into the O� day of rjr"—�� , 19A i • WAMR b_ BETTMMMT AND ERIiA D_ BETCENCOURT. his wife, hereinafter referred to as 'OWNER*, and the/County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Pu�ose_. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and ua- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- serration of such land in agricultural prcluction constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the state of California. 4. intent of Parties: Enforceable Restriction. Both Owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. i _1_ 00351 5. Intent A Parties: Effect on Pro V'ue. It is° 204 PA�E323 Party intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordin.=.nces. The within Contract is made and entered into pursuant to the California land Conservation .Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes). The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Board of Supervisors Nos. and 1. ( 7. Land use Restrictions. During the term of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed ir. Contra Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be permitted subject to the terms and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail. -2- 00358 ■ ��Q�8204 X324 S. Modification of Restrictions. The Board of Supervisors of County may from time to time and during the temp of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to commercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the term of this Contract or any renewals thereof. 9. Term and Renewal. This Contract shall be effective commenc- ing on the last day of February, 19 7::�, and shall remain in effect for a period of ten (10) years therefrom. This Contract shall be automatically renewed and its terms extended for a period of one (1) year on the last day of February of each succeeding year during the tern hereof, unless notice of non-renewal is given in the manner provided by Section S124S of the Government Code, to the end that at all time during the continuance of this Contract, as from time to time renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given. Under no circumstances shall a notice of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the manner provided by Section 51284 of the Government Code and upon a finding by the Board of Supervisors that such cancellation is -� 00359 . BOOK 8204 PAGE325 not inconsistent with the purposes of the Land Conservation Act, and in the public interest. It is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the terns of this Contract. Said cancellation value shall be determined in accordance with the provisions of Government Code Section 51383 (a) and (b). Under no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section 51283.3. 11. Cancellation Upon Substitution of r•:w Restrictions. This Contract may be cancelled by mutual agreement of County and owner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article XXVII2 of the California Constitution. -4- 00360 300(8274 FaM 12. Eminent Domain Proceedingsupon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- ment, the provisions of this Contract by which Amer agrees to restrict _ the use of land described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that owner fails to comply with the teras and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, owner shall pay to the County a sun equal to one Hundred Per Cent (100%) of the equalized assessed value of the real property described in Exhibit A. as established by the County --S- 00361 i W �ooK X204 FAGEM Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extreaely difficult to ascertain and that said measure of damages is a reasonable measure of the ha— which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which -the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the laud which is the subject of this Contract is used for purposes other than those provided in ordinance Code Section 6169. 14. Effect of Division of Property. owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the Board of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15. New contracts Upon Division. in the event the land under this Contract is divided, a Contract identical to the Contract then -6- 00362 • BooK 5204 PACE 328 covering the original parcel shall be executed by Owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of owner to execute Contracts upon divi.ion shall not affect the obliga- tions of the heirs, successors and assijns of owner as established in section 16. 16. Contract to Run with Land. The within Contract shall run with the lard described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the Owner. 17. consideration. owner shall not receive any payment from County in consideration of the oblsgations imposed hereunder, it being recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to Amer as a result of the effect on the method of determining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and Expense Information. The Owner shall annually furnish the county Assessor with such infoaation as he may require to enable him to determine the valuation of the owner's land. -7- 00363 1 8204 PAuE329 19. Effect of Removing Preserve or Zoning Classification. Removal of any land under this Contract from an agricultsral preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of section 422 of the Revenue and Taxation Code. OF CO a TA ATTEST , . ICS Clerk of Board CL�CJtlS Chairman, Board of S sors W. N. B^373ss 1� BY: Walter D. Bettencourt BY: 1,-- i;l Erma D. Bettencourt We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above imposed restrictions. THE FEDERAL LAND BANK OF BTr MEY BY: ' T. H. Hickelsen, Asst. Secretary i LIVERMORE PRODUCJi�aN �T SOCIATION BY: Timothy B. Ha ensurer Approved as to Form: JOHN 8 US£N, CoelOTEN : All signatures mustbe acknowledged.!Y7 I By "Deputy "j -�- 00364 STATE of CALIFORNIA BOOK 8204 PAcF330 } SL com% Alameda i December 17 1y76 hefae me, the undersigned, a Notary Public in and for said State, persmlhr appeared Walter D. Bett:encourt and Erma D. Bettencourt known to me, to be the persons—whose names are nbscribed to the within Instrunent, and adttowledged to me that-tke -executed the same. WITNESS my hand and official seal pttusumusmnttnm+aacn ki,s mu»auna� — Z,� ot�rusT. ESL J yam. BARBARA E MacAULIFFE = NOTARY PUBLIC-CALIFORNfA Z COUNTY Cr-AUL1sEDA Notary Public in and for said State. la,;: On �atuutmmutut ACKNQWL1D HENT--ftn+sl--Ndatu rom a1-Mr,3i{ STATE OF CALIFORNIA, j COUNTY OF Alameda December 17 1976 before me, the undersigned, a Notary Public in and for said State, pemmily appeared Timothy B. Hay known to me to be the Secretary-Treasurer ofd Livermore Production Credit Association the Caporation that executed the within Wrtment, known to me to be the persm who executed the within Imtrument,on behalf of the Corporation,therein named,and acknowledged to me that such Corporation executed the same. OMCL%L SEAL BARBARA E MacAULIFFE WITNESS my hand and official seal -v�tcA.r NOTARY PUSUC-CAUFORMI^ COUNTY Or-AL.AMEOA U,V-i.&_lop-.Ign rrstrtttu----- twttwuutuuasttsatsxsuuiiLi ���� Nobu Public is and for said State. AMCt4EDCMi Oo onti kens rtm 13-Rn.lit STATE OF CALIFORNIA) ) ss. County of Alameda ) On December 17, 1976 before me, the undersigned notary public in and for said county and State, personally appeared T. M. Mickelsen , and being by me duly sworn, stated to me that (s)he is, and who is known to me to be, ' assistant secretary of the corporation that executed the within instrument, and who is known to me to be the person who executed said instrument on behalf of said cor oration by authority of its bylaws, and acknowledged to me that such corporati3executed the same'.} Caren F. Carvalho C'r+CfAt SM Nota Public in and for said count and State CAREN F. CARVALHO i y y NOTTRY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ALAN'EDA COUNTY My commission expires: June 4, 1978 My Commisvon E-p* June i, 197a ( 0936J Form 320 (Rev. 3-74) FLB Berkeley - Notarial Acknowledgment - Corporation S am 8204 PAGE331 v'? 0 Rz Contra Costa County Land Conservation Contract No. «� EXECM T A PROPM= DESCRIPTION Pursuant to Paragraph 2 of the Land Conservation Contract to which this exhibit is attached, the land described below is designated as the subject of said Contract. Said land is described as follows: That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said : propie.-ty is contained in Schedule 1, consisting of t pages. attached hereto and incorporated by reference herein. Revised July 1, 1970 00366 W 2a � Rz Contra Costa Aty Land Conservation Contract. t • EXHIBIT 8 Box 8?04 PAm332 ALLOWRHLE LMM USES Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the terms and conditions set forth below. Said uses and structures shall be in addition to those authorized by Subsections (a) (1) and (b), but shall be subject to Subsections (c); (d), (e), ;f). (g), (h), (i), and (j) of Section 8169 of the County Ordinance Code. 1. Existing Non-conforming Structures The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code Section 6107: h9AZ 2. Existing Conforming Structures h� 3. Proposed Structures . 4. Existing Land Use S. Proposed Land Use Revised July 1. 1910 00367 . ■ EXHIBIT A Boa 8204 ?xE333 • � The land referred Lo in this policy is described as follows: That parcel of land in the County of Contra Costa, State of California, described as follows: Portion of : BOO 8204 PAGr-442 WHEN WORDED RETURN • FEB 15 IV ��p MED 1T RWESI of TO CLERK, OifTRA COSTA COLWY BOARD OF SUPERVISORS 19440 ( FEB 151977 BOARD OF SUPERVISORS, CONTRA CO3TA COUNTY, CALIF03gIAO•CLOCK M: CONTRA COSTA CTY OUNRECORDS Ile: Establishing Agricultural ) J. R. Ol•SSON Preserve-- Ho. 13-77 , and ) COUNTY RECORDER Authorizin:; Land Conservation ) _ RESOLUTION NO.77/130 FEE: pFF,L Con trrct(n). ) The Board of Supervisors of Contra Costt! 'County *1V730L117S that: In accordance with Courits Ordinance Code, Section R10-2..202,` and California Government Code, Section 512.30, this Board is authorized to establish lands within trvc county as A--ricultural Preserves; and In accordance with County Ordinrnce Code, Section ^10-!:.2:12, and California Gorernnent Code, 'Section 512110, this Rord is authorized to execute Land Conservation n Cnntracts with the o..ners of lands included within AgriCaltural Preserves, the tern.,; o: which were established by ilesolution No. 69/763, adopted itovea±osr -16, 1900,. This Board has reviewed applications for arrricultural Dreserves and land conservation contracts, and has considered the dal;: sub- mitted report(s) of the i-lanninF. Cot--mission and the Planning. Department staff thereon, and hereby- finds that the a?ricultural preserve(s) as proposed is (are) consistent with the Contra Costa County General Plan. IT IS THEREFORE ORD RED that those lands described in the application(s) listed below is (are) hereby established and declared to be: Agricultural Prest rve ?to. 13-77 O:rncr ADolication ':o. FRANK BETTENCOURT s IEROY S11i0NICH 2083-RL IT IS FURTHER ORDERED that the Chairman of this Board, on behalf of the .County, execute land conservationcontracts with the abova o-wner(s) relating to those lands. PASSED and ADOPTED by the Board this 8th day of February, 1977 cc: Planning ,lsse::snr CCRi.-F1U) Cony 11CGardCr fc 1•'lle t Certify'tf orf;!tlza_ s!•': !,a fwl e.,• r. . '-^et cnp+ or 7121 •:4' �w. ..-h-..w .a. tad Efz? P trr. .� •. nv offleo Gt 'zY:SD!s t r rte. a.a-• t't' noa rd of RESI?LiITi Cu t.n 77/130 Clrr"at' chnr�,+- . :40. r�•..�7 Coo�•^^ttn, on !t.►cs o:TS rq G:. ai �'�'. atF LkTut'LiCis ` FEB 8 1977 Renda Atndaht on 00369 r ,. '-•:i--Y • BOOK 6204 PAcF443 RESOLUTioll No. I3O LAND CONSERVATION CO.-MRACT 1. Parties. BY THIS CONTRACT, made and entered into the FJ day of �6�'��Y`� 19ti N7-Y4 -e R&.,L(fa v r'+ hereinafter referred to as "OWN...R", and th4ounty of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real property located within the County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A. attached hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of such land in agricultural prc.luction constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. -1-' 00370 ' 300K$?04 PAGE444 S. Intent of Parties: Effect on Property Value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the teras, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the • last renewal date. 6. Governing Statutes and Ordin•.nces. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title S of the California Government Code c=menci.ng with Section 51200, as amended by Chapter 1372, 1969 Statutes). The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Board of Supervisors Kos. 7. Land Use Restrictions. During the teas of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and c=patible uses as listed in Cont-r , Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B. which is attached hereto and is hereby incor- porated by reference, shall also be permitted subject to the terms and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and tl%ose specified in said zoning ordinance the provisions of the Contract as set forth in _-E�chibit B shall prevail. -2- 00 Boon 8204 PAG5445 S. Modification of Restrictions. The Board o: Supervisors of County may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to commercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the tern of this Contract or any renewals thereof. 9. Tera and Renewal. This Contract shall be effective commenc- ing on the last day of February, 19 and shall remain in effect for a period of ten (10) years therefrom. This Contract shall be automatically renewed and its teras extended for a period of one (1) year on the last day of February of each succeeding year during the tern hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Government Code, to the end that at all times during the continuance of this Contract, as from tine to time renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given. Under no circumstances shall a notice' of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the manner provided by Section 51284 of the Government Code and upon a finding by the Board of Supervisors that such cancellation is -3- 003'72 aoh8204 PME446 not inconsistent with the purposes of the Land Conservation Act, and in the public interest. It is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the terns of this contract. said cancellation value shall be determined in accordance with the provisions of Goverment Code Section. 51183 (a) and (b). Under no circumstances—hall the payment of said cancellation fee be Waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section 51283.3. 11. Cancellation Upon Substitution of t,..w Restrictions. This Contract may be cancelled by mutual agreement of County and owner without payment of deferred taxes or public hearing if it is replaced by ar. enforceable restric- tion authorized by Article XMIII of the California Constitution. -4- 003'73 sooK 8274 FA&E447, . 12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- ment, the provisions of this Contract by which Owner agrees to restrict . the use of land described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the teras of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Owner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner shall pay to the County a sum equal to one Hundred Per Cent (1004) of the equalized assessed value of the real property described in Exhibit A, as established by the County -5- 00374 woo 8204 PAGE448 Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the_date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the lay--I which is the subject of this Contract is used for purposes other than those provided in ordinance Code section 8169. 14. Effect of Division of Property. owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means, may, upon a fi:rAing by the Board of Supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in Section 9 of this Contract. 15. New Contracts upon Division. In the event the land under this Contract is divided, a Contract identical to the Contract then -6- 003'75 1 r 0 nox 8204 PAGE449 covering the original parcel shall be executed by Owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the el:acution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts upon division shall not affect the obliga- tions of the heirs, successors and assigns of Owner as established in Section 16. 16. Contract to Run with Land. The Within Contract shall run with the land described 'herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and. assigns of the Owner. 17. Consideration. Owner shall not receive any payment frca County in consideration of the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of the Within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to Owner as a result of the effect on the method of dete=ining the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Inan=e and Enense Information. The Owner shall annually furnish the County assessor with such information as he may require to enable hiss to deter-mine the valuation of the owner's land. -7- 003'70 Boa 8204 FACE450 19. Effect Removing Preserve or Zoning Classification.. Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue and Taxation Code. COUNTY OF CO. COSTA ATTEST Q .Q- erk of Board G—,-,Q U Chairman, Board of Sup rvisors W. N. Boggess OWNER We the undersignea trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above #posed restrictions. Approved to Form: JOHN S sel NOTE: AU signatures must be acknowledged. By nP.t117r., -6- STATS of c„UTORNM BOOK 8204 FmE451 Of San Jowmin «�h Oa!Iris Jlst ,t,,�a f DeCr is ysar oar tkoasaad ails kaadred axd seventy-six before.+e Jo A. Keeler a Notary PubCu, State o Catj rimy -owminimM and mora,pessarall appso►ed_ Frank C"Bette!-Dart and Mary Betlencaurt k.oa+to awe be Nie Maf—,+me*nws Ire t b.rrbed to the mitfw instrument and acknomtedsed to m a,9 1-i I tY sssr td tks so'e, esszxsW IN iVITNESS WHEREOF 1 sn he*em a sst my lead and a�rtd my OA-W real A� San Jose u�in- r/�day m,d yeaw iK this is� State of Ca&„+ty of ealipcattfirsraboerasistes ter oma.own ftvk a IW 03"7 _ \Dear}Public,State of Califamia 1 qty Commission Fs --- BomK 8204 e„L452 Contra Costa County Land Conservation Contract No. EXHIBIT d PROPER'T'Y DESCRIPTION Pursuant to Paragraph 2 of the Land Conservation Contract to which this exhibit is attached, the land described below is designated as the subject of said Contract. Said land is described as follows: That real property located in the County of Contra Costa, State of California, snore particularly described as follows: The legal description to said property is contained in Schedule 1, consisting of • pages, attached hereto and incorporated by `. reference herein. Revised July 1, 1970 - 003'78 W- �! o$3 Rz Contra Costa County Land Conservation Contract No. — EXH IT 8 aooK 8204 P�F453 ALLOWABLE LAMUSES Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the terms and conditions set forth below. Said uses and structures shall be in addition to those authorized by Subsections (a) (1) and (b), but shall be subject to Subsections (c),- (d), (e), ;f), (g), (h), (i), and (j) of Section 8169 of the County Ordinance Code. 1. Existing Non-confo=aing Structures The following non-confo=ing structures are permitted, subject to the provisions of County Ordinance Code Section 8107: 2. Existing Conforming S`.ructuzes 3. Proposed Structures 4. Existing Land Use Orr 5. Proposed Land Use dam' Revised July 1, 1970 U 00379 BOOK 8204 mE454 AH-260245 Page 5 Description: The land referred to herein is situated in the State of California, County of Contra Costa, unincorporated, described as follows: PARCEL 1: All that portion of the southwest 1/4 of Section 30, Township 1 south, Range 4 east, Mount Diablo Base and Meridian, according to the official plat thereof which lies northeasterly of the northeast boundary of the railroad right of way of Southern Pacific Railroad Company. EXCEPTING THEREFROM: That parcel of land described in the deed from P. Fabian to Southern Pacific Railroad Company, dated October 7, 1898, recorded December 1, 1898, in Book 61 of Deeds, Page 57, Page 57, Contra Costa County Records, as follows: "Commencing at the point where the north line of the southwest 1/4 of Section 30, Township One south, Range 4 east, intersects the northerly line of right of way of the party of the Second Part, said point being 50 feet distant, measured at right angles from center of tract of the party of the Second Part at o near Engineer Station 564+40; thence running east on said nort line of the southwest 1/4 of Section 30, (146) feet, more or less, to a point which is 150 feet distant, measured at right angles, from the center line of the railroad track of the said party of the Second Part, thence southeasterly parallel with said center line of railroad tract and 150 feet distant therefrom, 250 feet; thence southerly 141-4/10 -------- to the said northerly line of right of way; thence northwesterly along the said northerly line of right of way 460 feet, more or less, to the point of commencement." AISO EXCEPTING THEREFROM the parcel of land described as Parcel One in the deed from Louella G. Hamilton, et -al. , to the United States of Aiiarica, recorded July 30, 1948, in Book 1194 Official Records, Page 329, described as follows: Beginning at a point on the easterly boudnary of the Southwest Quarter (Scit-1/4) of said Section 30 that is south 67* 06' west 2870.0 feet from the East Quarter corner of said Section 30; running thence from said point of beginning south 00° 06' west along said boundary 585.7 feet to a point on the northeasterly boundary of the railroad right of way of Southern Pacific Rail- road Company; thence north 51* 53' west along said northeasterly boundary 361.7 feet to a point; said point is north 130 30' west, 00380 All-260245 SDI 8?04 mm455 Page 6 1212.4 feet from the south quarter corner of said ection 30; thence continuing north 51° 53' west along said Ajndary tl00.0 feet; thence leaving said boundary and running.;1% th 71"• 25' east, 348.6 feet; thence north 410 .10' east,- 8tg9.8 feet to a point on the easterly boundary of the Southwest Quarter (SW-1/4) of said Section 30; said point is north.00" 06' east, 690.0 feet from the point of beginning: thence south 000 06' west along said boundary 690.0 feet to the point of beginning. PARCEL 2: An easement for an irrigation ditch 15 feet in..width in the. Sodthwest Quarter (SH-1/4) of Section 30 Township l south, Range 4 east, Hount Diablo Base and: Meridian.. The easterly .and northerly -line of.said ditch-being-described.. as =vsiaxs; R •,iinning at the southwest corner of said Section 30; thence Eon the south line of said easement south 89' 46' east along the south line of said Section 30 a distance of 908.2 feet; thence leaving said. south line for the east line of said easement north 21" 51' east 350.6 feet: thence for the north line of said easement south 730 0' west, 30.0 feet -hence for the east line north 21.51' east 1293.0 feet mre. or'less. . to the south line of Byron Road; thence for the noroth line of.: said easement, north 510 53' west along said south line 50.0 feet to the termination of said line. No :ansfers or as eenentn. to :- .:=f< r•t_::... .._. ...,_...e r i!:ca. herP in appear ai record during the .veriod .:F A moyo—ham r •-, •�� ?Aip of r folk_. I- i I 30 89M off 4 42 TO CLiMKSOF 3UPERVUM. FE 1 's BOARD OF SUPF'.RVISM, nu.-!'�''i3A c0na CM-cry, VALIPOWA, CrL.r�CK / NL lie: ;rS a3il15�3�n` T1C ' i7T?D Ri[ • d* :TA '0 s ly RECOM 09 Preserve• P.O. 13-77 and aimMit Authsjri;in;: GO Qonseirvazion ) HF-WALIt;109 KO. L Fib OFPL The :tsard ar Supervisors of Contra Costo County lt';,0Va?S thct: In accardance oils: Cou.:t; Ordinance Code, Sartio:t RIO_P.202; and Valiforuia Governer.:. Code, Sect2gon 51710, 1lhjs Pozr:t is authrrized to cutablish lands U!thin the County us Amr1culturel Preserves; and In accordance ait:h County Ordinance Code, :ert Eon RIn-F..7no� and Cuiirnrni (:n...•...,._� '•:..:r, .7CC:.St1T1 5121tO this [sor:rd =S authorized to execute Land Conservation Contracts With the owners or lands included within Agricultural Freservps, the terrra o: which were established b7 Hosolution No. 69/763, adopted Hoveabcr •18," 1969. This Board has reviewed applications ;or arrricultural preserves and land conservation contracts, and has considered the dU17 sub- mitted report(s) of the Plamninr Cot-mission and the Planning Department staff thereon, and hereby finds that the agricultural preserve(s) as proposed is (are) consistent With the Contra Costs- County General Plan. IT IS TUERVORE ORD HED that those lands described in the applications) listed below is (are) hereby established and declared to be: Agricultural Preserve 11o. 13-77 Owncr Annlication 7o. FRANK BETTENCOURT 8 LEROY SIHONICH 2083-RZ IT IS FURTHER ORDERED that the Chairman of this Board, on behalf or the .County, execute land conservation contracts with the above owner(s) relating to those lands. PASSED and ADOPTED by the Board this 8th day or February, 1977 cc: Planning Assessor CE[ti:RE'D Cppy itecordrr Fc File tlE�I f�111.1: d": !:a rr.!i. �•;..r rn--,�,[ ennr n1 F•nsl .i0!•.t••K• .ti r., :o-: .r r.; •.. ;•,, ;Ward W A�S•/lil:•�1(11f i;A 77/1317 tir •L1t+ a!�e.ry �•• ... '�l'4P:�:r:r t�A"[IA.AR (zwk.ic.0 a.il.•ra �:,of, j�••. coaaty iJrpa '{:inti: A:r1 e• 84D,misors. FEB 8 m7) Rada AIti & °II LOA 00369 • moo;$?04 PxE443 RESOLUTION NO. 3 130 LAND CONSERV%TION CO:TRACT 1. Parties. BY THIS CONT?ACT, made and entered into the O J day of Fe-b✓v19} hereinafter referred to as "OWNER", and th4ounty of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as Follows: 2. Property Oescriotion. Owner possesses certain real property located within t^he County, which property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Boca Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands fret agricultural uses, recognizing that such land has definite public value as open space and that the pre- ser.-ation of such land in agricultural prcluction constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, Part 2, Chapter 3, article 1.5 of the California Revenue and Taxation Code. -1- 003'70 Revenue and Taxation Code. -1- 003'70 30018704 PA.G.r444 5. Intent of Parties: Effect on Property Value. it is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terns, conditions and restrictions of the Contract on property values for taxation pu_^:oses is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordin..nces. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Gove--naent Code commencing with Section 51200, as aaended by Chapter 1372, 1969 Statutes). The with-;= Contract is further made curs::ant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Board of Supervisors tins. 7. Land Use Restrictions. During the terra of this Contract or any renewals thereof, the above described land shall not be used for any pug-pose, other than the production of food and fiber and c=patible uses as listed ir. Contra Costa Countv Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or compatible uses as are set forth in Exhibit B, which is attached "hereto and is hereby incor- porated by reference, shall also be permitted subject to the to^..s and conditions set forth therein. In case of conflict or inconsistence be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in _-E_'chibit B shall prevail. -2- 00371 f ® 300,8204 PAGP445 B. Modification of Restrictions. The Board of Supervisors of County may from tire to time and during the terra of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to c—ercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a compatible use during the term of this Contract or anv renewals thereof. 9. Tea and Renewal. his Contract shall be effective comaenc- I ing on the last day of February, 19 4-, and shall remain in effect for a period of ten (10) years therefrom. This Contract shat be automatically renewed and its teras extended for a period of one (1) year on the last day of February of each succeeding year during the to= hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Government Code, to the end that at z" times during the continuance of this Contract, as from time to time renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given. under no circumstances shall a notice of renewal be required of either parts to effectuate the automatic renewal of this paragraph. 10. Cancellation. accept as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the manner provided by Section 51284 of the Government Code and upon a finding by the Board of Supervisors that such cancellation is -3- 003'72 M so BUOY 8204 FACE446 not inconsistent with the pu_-poses of the Land Conservation Act, and in the public interest. It is understood by the parties that the existence of an opports:.ity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the te_--ms of this Contract. Said cancellation value shall be determined in accordance with the provisions of Government Code Section 51333 (a) and (b). Under no circumstances- shall the payment of said cancellation fee be waited, deferred, or made subject to any continrenc.1 whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section 51283.3. 11. Cancellation Upon Substitution of 2••:a Restrictions. This Contract may be cancelled by mutual agreement of County and owner without payment of deferred taxes or public hearing if it is replaced by ar_ enforceable restric- tion authorized by Article XIII of the California Constitution. -4- 00373 # 800A 8204 PAGE447 12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the conde-nation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- ment, the provisions of this Contract by which Owner agrees to restrict . the use of land described herein shall be null and void as to the land so condemned or acquired. if, subsequent to the filing of an action in eminent domain, the proposed co:de=nation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set fort's in this Contract shall, Without further agreement of the parties herein, be reinstituted and t:e teras of this Contract shall be in full force and effect. .13. Remedies for Breach of Contract. In the event that Owner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner shall pay to the County a sums equal to One Hundred Per Cent (1000 of the equalized assessed value of the real property described in ISchi.bit d, as established by the County -5- 00374 1 M 40 500..8204 FAGE448 Assessor on the lien date next following the date of breach, as liqui- dated and agreed da=ages. it having been agreed that actual da»ages will be impractical and extremely difficult to ascertain a:d that said measure of damages is a reasonable measure of the ha--m which would result from such failure of compliance. If after the_date the Contract was initially entered into the publicly announced county ratio of -� assessment to full cash value is changed, the percentage pal=ent in ® this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the land which :s the subject of this Contract is used for purposes other than those provided in Ordinance Code Section 8169. 14. Effect of Division of Propertv. Owner agrees that divi- sion of the pro_.,erty described in Exhibit A into two (2) or more par- cel--, ar- cel, whether by sale, gift, by operation of law or by any other means, may, upon a finding by the Board of Supervisors that said division is detrimental to Vie ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in section 9 of this Contract. 15, New Contracts Upon Division. In the event the land under this Contract is divided, a Cant`-act identical to the Contract then -6- 003'75 this w to 800K 8204 PAGE 4 49 covering the origin,! parcel shall be executed by Owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts ucon division shall not affect the obliga- tions of the heirs, successors and assigns of owner as established in Section 16. 16. Contract to Run with Land. The within Contract shall run with the land described 'herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and . assigns of the owner. 17. Consideration.. owner shall not receive any paycent from County in consideration of the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to owner as a result of the effect on the method of dete=ining the assessed value of land described herein and any reduction therein due to the imposition of the liaitations on its use contained herein. 18. Inco:e and dense Infor_ation. The owner shall annually furnish the County Assessor with such information as he clay require to enable him to determine the valuation of the owner's land. -7- 0031 D M 300,.8204 PAGE450 19. Effect of ae.^rovisr4 Preserve or Zoning Classification.. Removal of any land oder this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the Co,.tnty for purposes of Section 422 of the Revenue and Taxation Code. COUNTY OF CO. COSTA ATTEST /C �l P�0' erk of Board Chairman, Board of Supervisors W. N. Boggess OWNER We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the above i-posed restrictions. t � Approved to nom: Z JOHN us , ur;t 9 sel, d NOTE: All signatures crust t _ be acknowledged. By i)Pn,ity –g. STATH OF CALIFORNIA, moot 8204 PAGE451 County of San Joaquin December seventy-six On:his Jlst �a f biw Lir pra►wee thousand Rine Iwed.rd and–n before Jo A- feeler ,a Notary Public, State ofp Ca&}}ornia,duly cononirriourd and rrcrora.:r'ronatl atpearrd~ FraN: C. Bettencourt and AiifY Bet encourt _ kaucew to me W br the Ierr ie—:nose rume.s aTe�-----�,brt*ibtd to tSr within inrtrun:e+st and acknosdedgrd to Ree tkat�u%executed Me some. 0FPCM2wL IN H'ITNFSS 11111FRF.OF 1 ha:e hereunt-rrt w.y hand and afxed my ajjecW real ;. JOIN 11 FEED Sa7J! .TOaf1l1IJ1 . _ thrda•and rviRthis y Mpradmt in she--, tS'.9 .._ awerg oJ.. ---...- ----...__....___ y OWMIN aye,aoWuas G0UMy eerle,ratr yet above arttrre W oo.a Ewa metre u,an /fJ� _ _ tar}Public,Stare of Caiifornia Coaunission Expire --- I u:ar; Public,Sia+e of California Mission EXP'rC--' x4 300",8204 PAGE 452 Rz Contra Costa Count, Land Conservation Contract No. t 3- EXHIBIT A PROPERTY DES--n?TYO:: Pursuant to ?aragraph 2 of the Land Conservation Contract to which this exhibit is attached, the land described below is designated as the subject of said Contract. Said land is described as follows: That real property located in the County of Contra Costa, state of California, more particularly described as follows: The legal description to said prope-ty is contained in Schedule 1, consisting of . pages, attached hereto and incorporated by reference herein. Revised July 1, 1970 00378 Revised July 1, 1970 O0378 Contra.Costa County Land Conservation Contract No. EKHIBZT 8 aoot 8204 PAcE453 AIS,Oi+P.HLL L3?M USES Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this emit is made a part, the land uses and st'uctures described below are authorized without a land use permit subject to the terms and conditions set forth below. Said uses and structures shall be in addition to those authorized by Subsections (a) (1) and (b) , but shall be subject to Subsections (c) ,- (d), (e), ;f), (g), (h), (i), and (j) of Section 8169 of the County Ordinance Code. 1. Existing hon-conforming Structures The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code Section 8107: 2. Existing Conforming Structures 3. Proposed Structures 4. Existing land Use S. Proposed Land Use Revised July 1, 1970 003 19 it said st boundary 361.7 feet toJaipoint;}saidePointois north n130herly 30' twest, i 00380 r 300 89-04 FAc=_455 Aii-260245 Page 6 1212,4 feet from the south quarter corner of said Section 30; thence continuing north 510 53' west along said bco4dary 600.0 feet; thence leaving said boundary and running south 710 25' east, 348.6 feet; thence north 410 10' east, 809.b feet to a point on the easterly boundary of the Southwest Quarter (SW-1/4) of said Section 30; said point is north 000 06' east, 690.0 feet from the point of beginning: thence south 000 06' west along said boundary 690.0 feet to the point of beginning. PARCEL 2: An easement for an irrigation ditch 15 feet in width in the Southwest Quarter (S:1-1/4} of Section 30 Township 1 south, Range 4 east, Mount Diablo Base and Meridian. _ The easterly and northerly line of said ditch being described as follows: Beginning at the southwest corner of said Section 30; thence for the south line of sail easement south 890 46' east along the south line of said Section 30 a distance of 906.2 feet; thence leaving said south line for the east line of said easement north 210 51' east 350.6 feet: thence for the north line of said easement south 730 0' west, 30.0 feet thence for the east line north 210 51' east 1293.0 feet more or'less to the south line of Byron Road; thence for the north line of said easement, north 510 53' west along said south line 50.0 feet to the termination of said line. Informational vote: No transfers or agreements to transfer the land described herein appear of record during the period of 6 months prior to the date of this report, other than as may be shown therein, except as follows: None I-0 00381 - � END OF DOCUMENT j { F. UVU U1 UUUU L11i r Na m Loan No. 207298 RESOLUTION NO. 71h36 0 - o LAND CONSERVATION CO'N'TRACT � f �e•t h c03 1. Parties. BY THIS CONTRACT, made and entered into the o day of 1914, j L - / o hereinafter referred to as "OWN-EER", and the County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. Pronertv Description. Owner possesses certain real property .1 located within the County, w1hich property is presently devoted to agricultural and compatible uses and is particularly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to County to maintain the agricultural economy of County and the State of California. 4. Intent of Parties: enforceable Restriction. Both Owner and ar County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation act of 1965, as amended, so as to be an enforceable restriction under the pro- visions of Division 1, ?art 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Code. -1- C7C� 4 visions of Division 1, ?art 2, Chapter 3. Article 1.5 of the California Revenue and Taxation Code. -1- Oo 50G�8307 P�501 5. Intent of Parties: Effect on ProLerty value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordinances. The within Contract is made and entered into pursuant to the California Land Conservatior_ Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Government Code commencing with Section 51200, as amended by Chapter 1372, 1969 Statutes). The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Board of Supervisors hos. 69/76m'ad 77/130. 7. Land Use Restrictions. During the terry of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed in Contra Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or ccmpatible uses as are set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be perritted subject to the terms and conditions set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordirance the provisions of the Contract as set forth in Erhfbit B shall prevail. -2- � M 300r 8307 PacE502 8. Modification of F.estrictions. The Board of Supervisors of County may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to cc=ercial agriculture and compatible uses; and said board shall not eliminate wi .out written con- sent of the owner or his successors or assigns, a compatible use during the terra of this Contract or any renewals thereof. 9. Term and Renewal. This Contract shall be effective commenc- ing on the last day of February, 19 77 , and shall remain in effect for a period cf ten (10) years therefrom. This Contract shall be automatically renewed and its teras extended for a period of one (1) year on the last day of February of each succeeding year during the tern hereof, unless notice of nen-renewal is given in the manner provided by Section 51245 0_' the Government Code, to the end that at all times during the continuance of this Contract, as from time to time renewed, there shall be a ten (10) year ter= of restric- tion unless notice of non-renewal is given. Under no circumstances shal: a notice of renewal be required of either party to effectuate the autocratic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the prcvi.siors of this Contract whereby Owner agrees to restrict the use of the land des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner after a public hearing has been held in the manner provided by Section 51284 of the Govern=ent Code and upon a finding by the Board of Supervisors that such cancellation is -3- �. 345 C I ion a =aiding by the Board If Scperjsorst.'cat such cancellation is -3- Now 30011 8307 PA&E5D3 not inconsistent with the purposes of the Land Cone-vation Act, and is the public interest. It is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions i-moosed herein and that the uneconc iic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall nay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from t'%e terns of this Contract. Said cancellation value shall be determined in ac=ordance with the provisions of Government Code section 51283 (a) and (b). Under no ci_-cunstances shall the payment of said cancellation fee be waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions of Government Code Section 51283.3. 11. Cancellation Upon Substitution of New -Restrictions. This Contract may be cancelled by mutual agreement of County and Cwner without payment of deferred taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article MMII of the California Constitution. -4- goo.,8347 FACE504 12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condenmation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- ment, the provisions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall. without further agreement of the parties herein, be reinstituted and the terms of this.Contract shall be in full force and effect. 13_ Remedies for Breach of Contract. In the event that Cwner fails to comply with the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner shall pay to the County a sun equal to One Hundred Per Cent (1001) of the equalized assessed value of the real property described in Exhibit A. as established by the County -5- ! • 3oc�8307 PACE 505 Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages Will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash INK -- will be paid than would have been paid had there been no change of ratio. it is understood that nothing herein contained shall constitute a waiver of any richt which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa CcLnty zoning ordinance shall also apply if the land which is the subject of this Contract is used for purposes other than those provided in Ordinance Code Section 8169. -` 14. Effect of Division of Property. Owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of law or by any other means, ' may, upon a finding by the Board of supervisors that said division is detrimental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in section 9 of this Contract. 15. New Contracts Upon Division. in the event the land under this Cont_-act is divided. a Contract identical to the Contract then -6- , r : . '. , 8307 PAGE506 covering the original parcel shall be executed by Owner on each parcel created by the division at the time of the division. Any agency -.akin an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts upon division shall not affect the obliga- tions; of the heirs, successors and assigns of Owner as established'in Section 16. 16. Contract to -tun with Land. The within Contract shall run with the land described 'herein, and, unon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the Owner. 17. Consideration. Owner shall not receive any payment from County in consideration of the obligations imposed hereunder, it-Zeing recognized and agreed that the consideration for the execution of the within Contract is the substantial public benefit to be derived therefrom and the advantage which will accrue to owner as a result of the effect on the method of determining the assessed value of lard described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. Income and Ex-cense Information. The owner shall annually furnish the County Assessor with such information as he may require to enable him to determine the valuation of the Owner's land. -7- • • moo 8307 PAGE 507 19. Effect of Removing Preserve or Zoning Classification. Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue and Taxation Code_ COUNTY F CONTRA—COSTA ATTEST '/ . = � Perk �, of Board Chairman. Board of Su_efvisors • rJ s o•�,NER �,q��/ 'FFp �G We the undersigned trust deed or other encumbrance holders do hereby agree? to and agree to be bound by the above imposed restrictions✓-�-'-�Z G G�LGaat2�-- meager Faxen andRazieb-MortgELgeig ti Vestem Branch Office THE FEDERAL LAND DANTC,OE BED= /�---- . M. Mickelsen, Asst. Secretary ` 0'I Cr I oclall9H arA_ .� epr.e•�_...•.FraaS! to lc;e fors eputy_ pi7f,,ctor Approved s+i.to Form: Department 'of Water Resources JOHN L ]SEI,.. Co ty el IMTE: All signatures must VS be ac;cnowledged. De ty 7-1-70 • STATE OF CALIFORNIA 3006;8307 FAGE508 � ss. COUNTY OF SACRAMENTO On this.....r<...5 '_ :,-f....,day of___"e r t`°:= �.� .= :.____._..._.....,in the year 19T .-. , before me.the undersigned, a Notary Public in ands fat Oe,State f California, residing therein,duly commis.sioEr '/a."swo tec 1 appeared.. t'��.. tom,; /° pe. a,l Y ppe � .�' �'�L�rr.... - ....... known to me to be thrCC��k pp' - Director of the Department of Water Resources of the State of California, that executed the wx(Stin i also known to me to be the person who executed the same on behalf of the State of California, and he acknowl- edged to me that the State of California executed the same. t WITNESS my hand and official seal. ra FCA,ICln M:'LVAIN Y'�' `l .._............._----------------._.............--...-_.._._.........,................... ---............-. w`M':i. NOTARY Pt(:Li:-CAUFORNLA $ �j SACRtw:Nyo cou.41r Name(Typed or Printed) qtr comariss oa ecptns sept.21,IM Notary Public in and for said State of California STATE OF CALIFORNIA On this 22nd day o j Q.A9$Q,M,bM in the year one thousand nine COUNTY OF»»San joacLtlin » »_ S' hundred and»�76. » »»,before me,_1=10.&e.Y.OP---...»..----------- a Notary public,State of California,duty commissioned and sworn,personalty appeared --------- known ----..»..known to me to be the SQjCj:e.LACy=Rei).Sltl ebf the corporation described in and that executed the within instrument,and also known to me to be the person._ who executed the within instrument on behalf of the corporation therein named. and acknowledged to me that such corporation executed the I ',ELQA A?EVE-00 same. » » ..». »»_»_ ».» _. »............................_. ......,........... IN R7ZIlESS WHEREOFI haex hereunto set my hand f/ized my official % Sh J�AQUI-•c=U..,TY seat in the» Countyof._SAJ••Iaa »..-..,the day and »» ._ .» <_�•._..,M:y-7year in is"i"tiCtca us urritie t Notary blu,State o jornia Cow•day's Corm W.28-Aciaouiedgment Corporation(C C Sem 1190-1190.1) Printed 5/72 STATE OF CALIFORNIA, It. Com,of San Joaquin Ott thit 20thof DPc p'Il�1er ur tkt rtar opts thoumnd nixt hundredand Seventy Six brfore me, Ben Y.-Curran a Notary Public, Stnte o/Califorrm,duly commissiontd and mrorn,pnsoaally appear Leroy t . SintonT Ch and Rhoda F xet Simani rh aax knto me to be the persona-whose '" rcrtt1td to the within indrurntnt oFraWl * tocad ecknow edged to the tk,- kt_Y_"rrWrd the same. R7tilti 1 KC-CuFm" 1V lt'IT.VESS ii'HEREOF I i=r ie+ewao rd n11 rf hcnd cnd ayatstd my officialred t�Wh0ftLGF. w i:r the CountyO San .load-:-: tjpe(fay=d year in this snurowuwtauan / 1y tbtea.Low jW if 14tS eer i;c t�7: rs-rr tiers r G sf v C�rr�tic'ti .� Notary Public,State of CCatitornia. ` 11}Commission Expires _ 146-79 e - STATE OF CALIFORNIA ) d0a,Cn FXE:J� COUNTY OF. FBBS80 ) SS. 07 On Decembers 19�. before me, the undersigned, a Notary is Pub In and or sa3 County and State, personally appeared RO C FffiRNBORG own to me to e e person w ose name is subscribed tot e within instrument and acknowledged that executed the same. Signature � / (NOTARIAL SEAL) i LPDA B. DOMIMM Name a or rinte LMA B.DOMUNMEZ Notary Public in and for said County and State. NOTARY rXLIC-CY�LMMIA Par•GP•l C"""E V I F4ES:•o COLL4V My�h-ion 6t*es N�:r...ber 17,1977 STATE OF CALIFORNIA) ) ss. County of Alameda ) On December 21. 1976 before me, the undersigned notary public in and for said county and State, personally appeared T M Mickelsen and being by me duly sworn, stated to me that (s)he is, and who is known to me to be, assistant secretary of the corporation that executed the within instrument, and who is known to the to be the person who executed said instrument on behalf of said cos oration by authority�pf its bylaws, and acknowledged to me that such corporatioNxecuted the same. 1 La Caren F. Carvalho �\ rc., �; tc;r� Notary Public in and for said county and State ! My cz-- ,.� ,.,� ; t9,-3 commission expires: June 4, 1978 Form 320 (Rev. 3-74) FLBerkeley - Notarial Acknowledgment - Corporation STATE OF CALIFORNIA. cmm;y of Can Tnncntin Tlr cember in the year one thousand xina hundred and SeV8I1 --- thix it ct dsy of —,a Notary Pubtic, War,W. John A Keeler Stats of Celifonoa,daly commissioned and sworn,pessomWy appear td- Fran}: C Bettencourt and D1arY Bettencourt known to mt to be the,wsons xhost n n"�aTe— scribed to Otte Witkn instrument ori tm and acfaoaledged to me that-.ht V executed the same. JOWL IMM lti IE7TNESS{THEREOF l horn hereanta set MY hard and affixed my officio!stat � OCw"M a tkt�T���-Qf �ar�unty of— n._TOaC1111I1.�__..__the day and year in this Qi/ QWAIM certifcate just abore writlem �o.a�r.rx art --- /Ja; X(j.r}Public,State uE Caiilornia -- Conr.ussion Espir-------.._-.._..............___.._._.-..----_.-•-- mom 'h tl� IS It t t.\,..Jo ►.s,.-n..v, e _ .y "� � the State of a ' -------�_�otuu�of � J,� jo4qui - _the Esy and year in this Ir ftm a" Oran=W7 rrrtifcatr pro abort trriam unary Public,State of Giifornia `"`3iy Ccurr.:istior. ----------- 20,f3 RZ 0 GO 4 Contra Costa County Land Conservation Contract No. sem. n EXHIBIT A PROPERTY DESCRIPTION Pursuant to Paragraph 2 of the Land Conservation Contract to whir-h chis exhibit is attached, the land described below is designated as the subject of said Contract. Said land is described as follo•.rs: That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said property is contained in S&.eduie 1, consisting of pages. attached hereto and incorporated by reference herein. Revised July 1, 1970 Now">a --INN Contra Costa C*ty Land Conservation Contracts. 13-:74 " EXHIBIT H ((�� G ALLOW�L —TA-&Z USES 30Q��Ju7 PAGES Pursuant to the provisions of section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to the terms and conditions set fort's below. said uses and structures shall be in addition to those authorized by Subsections (a) (1) and (b), but shall be subject to Subsections (c), _(d), (e), (f), (g) , (h), (i), and (j) of Section 8169 of the County Ordinance Code. 1. Existing Non-conforming Structures The following non-conforming structures are permitted, subject to the provisions of County Ordinance Code Section 8107: 2. Existing Conforaina Structures 3. Proposed Structures 1ly�v�. 4. Existing Land Use S. Proposed Lard Use Revised July 1. 1970 All—.fin i46 �r� PAGE 14 BOOT 8307 PxEW DFSCP IPTIOII' TNF LAUD P.FFFPPED TO FIFPFttl IS SITt1ATFn Itl THF STATF OF CALIFOPMIA, COMITY OF C:ONTPA COSTA, UflitlCORPnPATFD, nrsrpIRFD AS FOLLOWS! - PAPCFL I' ALL OF TliF SOUTH 1/2 OF SECTION TS AM THAT PnPTlntl OF THF HOPTH- F.AST 1/4 OF SFCTIntI 25 LYIM snUTH OF T11F HOPTHFAST LIflF OF THF Sn FFFT IH WIDTH COUIITY PnAn nF.SCPIPFD Itl T11F. DFFn FPnti J. AMA-, FT AL, TO POAPn OF SUPFPVISOPS OF THE CnUtlTY OF COtITPA CnSTA, DATED APRIL ?1, 1987, Afln PECnPnFn MAY 4, 1FR7, Irl RnnY. 51 OF DFFnS, PACF 349, ALL Itl TOWfIS111P 1 SOUTH, RANGE 3 FAST, flOWIT DIAPLO BASF ACID -MEPIDIAtl, ACCnPnit!G TO THE OFFICIAL PLAT THFPE.nF. FY.CFPTIt1G THERFFP.nm THE ItITEPEST Cnt1VFYFn TO RnAPn OF Sl)PFPVISnPS OF TiiE COMITY OF Cnt1TPA COSTA, BY nFFn FPAM J. AMOS, FT AL, DATFn APRIL 21, 1987, AND PFCOMED MAY 4, 188.7, IN Rnnr 51 OF DFFDS, PAGE 348, OVER. THAT PORTION OF THE PREHISFS DESCPIRF.D IN SAID DFED. ALSO EXCEPTING THEREFROM THE FOLLOvtIt1G' 1. THAT PORTION THFRFOF DFSCRIBED IN THE DEED TO STATE OF CA1.1FOPHIA DAM OCTOIIER. 25, 1963, P,FCOP.DED NAY 12, 1961►, IN [loot' 4615, PAGE fife, OFFICIAL RECORDS. 2. THAT PnPTIOti TiiFPFOF DESCRIBED It! THF DEED TO STAMAPD OIL COMPAmY OF CALIFnPtilA DATED SEPTFMBEP R, 19611, PFCOPDF.n SE.PTFM14FR 25, 1464, In Rom 4710 OFFICIAL RECORDS, PAGE 2n4; Atln .-.3. THAT PnPTlntl THFP.FnF DFSCPIRED IN THF DFFD TO RYPnN-BFTHAt'Y IRRIGATION MSTPICT, DATED OC:TnBFP 16, 1867, PFCnPDF.D tlOVFtiBFP. 2, 1967, Itl Pnor 5487 OFFICIAL RF.COPnS, PAC-F 46n. Is. TIIAT PnPT1Otl TIIFPFOF PFSCPIPEn IN TIFF nFF.n TO PYPntl-RFTHA1'Y 1 P.P IGAT Intl D 1 STP i CT, PATFD tCAPCH 310 1'17 n, P FCOPnFD NAY IR, 1070, Itl ROM 6130, PAGE 489, OFFICIAL RECORDS, INSTPUMENT M. 30813. PARCEL 2' ALL OF THE NORTH HALF OF SECTIOtl 3f•, TOWSHTP 1 SOUTH, RAt'GF 3 FAST, t4nUt1T DIABLO RASE. AND NEP.IDIAIN, ACCnPnIt1G TO THE UNITED STATES PUBLIC SURVEY THEREOF. EXCEPTING THEREFROM THAT PORTION LYING 111THIN TIM COUNTY OF ALAMEDA. AH-2.60246 PAGE 15 aoo�8307 PAGE513 PAPCEL 3• A POPTIM! OF Tl!F NOPTHt•/EST Ot)F nUAPTrR OF SFCTION ?5, TOWNSHIP I SO)►TH, PANGF 3 FAST, MOMIT D IARLO RASE AM t1F.P,In IAtl, DF.SCP IPED AS FOLLOWS! AS SEGINNINC, AT THE NOPTHFAST COPNEP OF THF LAND DF,SIMIATI'D PArCFL "A" AS DFSCPIRFD IN THE DEED TO .10E G. Pnnr.FPS, FT UX, PFCOPDFn MAY 12, 1964 IN Pont, 1#615 AT PAGE 66P, SF1'IFS MO. 41(16R, Cnf!TPA COSTA COUNTY PFCOPOS, SAID POINT RFIM ALSO TItF tiOST WFSTFPN COPNEP OF THF LAND DFS IGtIATFn PAPCFL "D" AS DFSCP I RFD It) TI IF nFF,D TO THF STATE OF CALIFORNIA, P.EMP,nED JULY 7, 19r/►, IN ROA); 4654 AT PAGF 246, SFPIFS NO. 60473, COtiTPA COSTA COUNTY PFCOPOS; PIRR)ING TtlFtIrr NOPTH 30O 05' 15" F AST, 74fiq.04 FEET TO THE SOUTt!tIFSTFrN L rt1F OF THE LAND OVINFD RY THE SOUTHFPU PACIFIC COMPANY; THFVC.F ALOr!G THE LAST NAMED LINE SOUTH 510 15' 02" FAST, 27.Of FF.FT; THENCE SOUTH 000 49' 07" VIEST, 2136.86 FFET TO THE SOUTHEAST COPNFP OF THF VORTHWEST OUAP,TER OF SAID SECTION) 25; AND THMCF ALONG: THF SMITH LINF OF SAN) NOP.TH1.IEST 011AP.TFP NOPTH 890 11' 49" WrST, 1228.49 FEET TO THE POINT OF BEGINNING. FY,CEPTIM AM PFSEPVltir, ALL ttIt)FPALS, OIL, rAS AND OTHFP UMPOCAPMI SURSTANCES LYMG RFLOU A LEVEL PLANF LOCATED 500.00 FFET RF),O)•I THF LOI:EST POlVT. OU THE SUP,FACE OF SAID PPOPFPTY, PPOVIDFO, H0WFVFP, THAT IN t:0 EVEtIT SHALL THE CPAUTOP, IT5 SIICCFSSOPS, OP ASSIGNS HAVE THF PIGHT TO USE, ENTFC UPON, OP. DISTIIPP EITHFR TtIr- 51)PFACF OF THr LANDS NF.PFIN, r.PATITED, OP ANY POP,TIoN OF SAID LAND WHICH k(FS AROVF A LFVFL PLMF LOCATED 500.00 FEET RFLO%' THE LOtIFST POINT Of! THF SUP- FACE OF SAID t_AtInS, AS PFSFPVFn it! THE nFFD FPOti A. V. HFNPY Ar)D LAUP.A S. HMP.Y, HIS t•IIFF, PrCOP.DEn JULY 7, 1464 Iti POOL; 4654, PAGE. 74f,, ..,OFFICIAL PFCOP,nS. PAPCFL 4' A).). THAT POPTION OF THF rnUTIINFST 1/4 OF 5FCTTOr1 3n, TOt)Nl51fIP 1 SOUTH, PAM-F 11 FAST, 11OWIT DIARLO PAST Atln t4FPiniAtt, ACCOPDIt)G TO THF OFFICIAL PLAT THEPFOF, h:HIrH LIES SOUTt)PIFSTFPLY OF THE COUNT,' POAD Y.NO4!tt AS RYP.ON HIGHWAY. EXCFPTItIG THFPF•FP.OM' A. ALL THAT PORTION: LYING 1.11THIN ALAMDA rOWITY; t;. THAT PORTIOt! DFs(:PIRED Itt THE nEFn TO MOUrIT DIARLO LIGHT Atln PO)•IEP co., DATED JUNE 5, 1905, PFCORM) JUt!F 19, 1905, It! ROOF 112 OF DEEDS, PAGE 247. • • 4-2 6 n 16f, P 3QIIr:8��� P�E5�4 C. THAT POPTIOfl DFSCPIREn IM THE PFED TO THE UNITFn STATFS OF AMFPICA, PFCOPnED JULY 30, 1948, Itl ROOK lln4, PAGF 32n, OFFICIAL RFCnPPS. FMCFPT AND RFSFPVTNG THFRF.FPnti AN UNDTVIOFD 1/7 IMTFP.FST OF ALI. OIL, GAS, MIMFP.ALS, AND OTHEP HYDPOCAP.ROtI SURSTANCFS LYIt!G RFLO4l A nFPTH OF 5n0 FEET, AS PFSFPVFD IM TNF nFrn BY FPAtiY. C. RFTTEVCnUPT ANP IIA!•:Y E. RFTMICOUPT, MS "•TIFF., PFCOP.DFD OCTORFR 21, 1971, IN ROOT: 6503, PAGE 79, OFFICIAL P,ECnnnS. PARCEL 5' AM EASEMENT APPURTENANT TO PAPCEL It AROVF, FOP A PPAIMAGF DITCH 15 FEFT. It! WIDTH It! THE SOUTHWEST OUAPTFP. (Sw 1/4) OF SECTION 3n, TOWNSHIP 1 SOUTH, P,ANGE 4 EAST, MOUNT DIARLO RASE ACID MEP,InTAN. THE SOUTHEP.LY AND EASTEPLY LINE OF SAID DITCH BEING DFSCP.IRFD AS.-- FOLLOWS: COMMENCING AT A POINT ON THE FAST ROUNDAP.Y OF THE SOUTHWEST (NUAPTF.P. (Sll 1/4) OF SAID SECTIOM 3n THAT IS ,SOUTH 670 06' WEST, 2870.0 FFET FRnti THE EAST OUAPTER COPMEP. OF SAID SECTTntl 30; THFNCF SOUTH on* 06' VIEST, ALONG SAID ROMIDAP.Y 585.7 FEET To THF NOPTHFASTEPLY BOUNDARY OF THE P.AILPOAD P.IGHT OF WAY OF SOUTHEP.tl PACIFIC PAILPOAD COMPANY; THRICE NORTH 511 53' VIFST, ALONG SAID t!nPTHFASTFPLY ROOMPAP.Y, 361.7 FEET TO A POTtlT WHICH IS t!OPTH 13- 3n' WEST, 1112.4 FFFT FP.nti THE SnUTH nl)APTF.I COP.t!FP OF SATO SFCTIOV 30; THEMCF COMTIMMIG MOP,TH 510 53' WEST, ALONG SAID ROUNPAPY P,SO.n FFFT TO TNF POINT OF RFGT1MIMr, OF SAID SnUTliFP.LY AM FASTFPLY LINF; THFNCF SOUTH 51° 53' FAST, ALOMr- THF rinP,TH LTmF OF SATO PAILPOAD RIGHT OF VIAY 5n.n FFFT; TF'FVCF LFAVIMG - SAID ROUMDAP.Y SOUTH 710 25' FAST, VIM, FFFT; THFt!CF. MOPTII 410 in' FAST, RRq.R FEET TO A POIVT Otl TFiF FAST Rnl)t!PAPY OF THE SOUTHVIFST ntiAPTFP (Sll 1/4) OF SAM SF.CTInt! 3n; THFW F tIOPTFI ALOMG SAID LAST LItIF TO THE MP.TH LIt!F OF SAID SOUTHWFST OUAPTFP (SW 1/4), ACID THF TEPHIHATION OF SATO LIt!F. END OF DOCUMENT i c)(N`-ZZ O k , x FEB 151 'f BOOR 8204 PAGE 401 WHEN RECORDED RETURN -.19437r_71"', ED AT REQUEST OF TO CLERK, i SWRA-COSTA.COMM. BOARD OF SUPERVISORS .I BOARD OF SUPERVISORS, CONTRA C.03T.i GOcJN i X, .CALTT'0'1:FIAJ AT / O'CLOCK M. 11c: Est:ablishinr. Agricultural ) CG;r:;a C TA CCUtJY RECORDS Preserve' No. 14-77 + and ) 3• R. CL150N r } TY Authorizin: Land conservation R�:.SOLII'rI01�J �':O,- ?7/I,��F� RECORDER Contract(s). ) 0-F. t1 —� .• r -tip:-^n-sr.. +-. The board of Supervi:ors o, Contra Gosta 'Count•,• �.:�.•L ;'S thaw. In accord-anee with -Count.; Ordnance Codn., Section '110-2.202, and Califorrsia Gorern^ir-nt Code, Sef:'..ion 712.30, this J3oar,: is authorized to establish lands within the count; as A-lricultural Preserves: and In accordance with County Ordinance Code, Section 910-!,.202, and California Governnent Codr-, Secv:on 51240, this :;o^rd is authorized to execute Land Conservazioz Contracts uitn the ownerz of lands included within Agricultural F reserves, the termz of i:hich were established b; Resolution :1o, 69/763, adopted November '1$, 1960'. This Board has reviewed applications for agricultural preserves and land conservation contracts, and has considered the dul;" sub- mitted report(s) of the Tlanninc; Co::.zission and the Plannin:: Department staff thereon, and hereby finds that the a?ricultural preserve(s) as proposed is (are) consist-ent with the Contra Costa County General Plan. IT IS i11FREFORF, ORDFRED that those lands described in the application(s) listed below is (are) hereby established and declared to he: Agricultural Prestr+:e No. 14-77 0:-:ner Anzilication ?o. H. s J. SPECKKNI 2093-RZ IT IS FURTHER ORDERED that the Chairman of this Board, on - behalf of t:he :County, execute land conservation contracts with the abo a owners) relating to those lands. PAS3ED and ADOPTLD by the Board this 8th da;; of February, 1977 cc: rinnningCaRTIFIED COPY Asses;J2' "1 , FEB 15 t�f Boa 824 4Q `y WHEN RECORDED RETURN 19-137 R71 -WED AT.REQUEST-OF.. TO CLERK, I�? COMRA.CO afA•EO BOARD OF SUPERVISORS. FEB 151977 BOARD-OP' SUPERVISORS, COUTRA CO3TA Comm, -CALTF04:EIX1, AirOTLOCKRe: Establishing Agricultural ) . COItt�2A C STA COUKTY RgCORDB'::<.,. Preserve'Nb. 14-77 and ) J. R. OLSSON Authorizing Land Consertion } RESOLUTION.RO.- 7 1` 7Y RECORDER va ` Contracts). ) ` w��f _ U L The Board of Supervisors of Contra Costa'County 'R;-3i1WT-S that: In accordance xi`.h 'Courity Ordinance Code, Sertion a10-2.202, and California Government Code, Section 51230, this Board is authorized to establist, lands within the county as Agricultural Preserves; and ' In accordance with County Ordine ce Code, Section 910-::.202, and California Goverment Code, Section 51240, this Board is authorized to execute Land Conservazioz Contracts with the ou--hers of lands included within Agricultural. Preserves, the termr.3 of i:hich were established by Resolution :1o. 691763, adoated Y:ovember 18," 1969. This Board has reviewed applications ;or atrricultural preserves and land conservation contracts, and has considered the duly sub- mitted report(s) of the Flanning Co.--mission and the Planning Department staff thereon, and hereby finds that the a-ricultural preserve(s) as proposed is (are) co_nsis:.ent faith the Contra Costa . County General Plan. IT IS THEREFORE ORDERED that those lands described in the application(s) listed below is (are) hereby established and declared to be: Agricultural P:est.rve Ito. •14-77 Owner Anolication :do. H. s J. SPECKMAN 2093-RZ i • j IT IS FURTHER ORDS-RED that the Chairman of this Board, on behalf of the :County, execute land conservation contracts with the above owner(s) relating to those lands. PASSED and ADOPTED b; the Board this 8th day of February, 1977 . cc: Planning _ _ - " CEIMMED COPY AsSCsibr t�1. his to a IuIL trap 1F correct cot+y of Recorder is File and original doommonr iridrh Ls n- fit dr-air office and that It was taRKwl F adnw#41 by ih- fmrd of, Supervisors of Comm rn:ta Couny. Cn!trarnla.on. the date Shown.ATTC�7'17: J. P OLSSON. County fzL§{11,tim r Du t:!1. 77/131 ctKAr�s Ctes-(.'terk of said IIoard Sop!t*L+osy,. FEB 8 1977 'IS�-on A�_OL;_'nz Amdahl SO& 00382 LAND CONSERVATION CONTRACT 1. Parties. BY THIS CONTRACT, made and entered into the f3 day of FJY t� -� , 1977, Coney Island Farms hereinafter referred to as "UAMER", and the`County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real property ~ located within the County, which property is presently devoted to agricultural and com:at:ble uses and is particular-ly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both Owner and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing that such land has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important Physical, social, esthetic and economic asset to County to maintain the agricultural econe y of County and the State of California. 4. Intent of Parties: 'Enforceable Restriction. Eot11 Owner and County intend that the terns, conditions and restrictions of this Con- tract be in accc-dance With the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction tinder the pro- visions of Division 1, Part 2, Chapter 3, Article 1.5 of the California revenue and Taxation Ccde. -1- 00383 f, O 30..8204 PnE 403 5. Intent of Parties: Effect on Property value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article MFIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and Ordin..nces. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chanter 7 of Part 1 of Division 1 of Title 5 of the California Government Code c==eencing with Section 51200, as amended by Chapter 1372, 1969 Statutes). The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Board of Supervisors tips. �G `71_L.7 and y") 7. Lard Use Restrictions. During the term of t`►is Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and compatible uses as listed ir. Contra Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional. agricultural or compatible uses as are set fonh in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be permitted subject to the terns and condition= set forth therein. In case of conflict or inconsistency be- tween the uses allowed in this Contract and those specified in said zoning ordinance the provisions of the Contract as set forth in Exhibit B shall prevail. -2- 00381 i W MW ml �r# now "=Ewa f 300.8204 PxE404 S. Modification of Restrictions. The Board of Supervisors of County may from time to time and during the term of this Contract or any extensions thereof, by amendment to Contra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to c—ercial agriculture and mz-patible uses; and said board shall not eliminate without written con- sent of the owner or his successors or assigns, a ccmoatible use during the term of this Contract or anv renewals thereof. 9. Terri and Renewal_ This Contract shall be effective c Pp enc- ing on the last day of February, 19?4- , and shall remain in effect for a period of ten (10) years therefrom. This Contract shall be automatically renewed and its terms extended for a period of one (1) year on the last day of February of each succeeding year during the term hereof, unless notice of non-renewal 1 is given in the manner provided by Section 51245 of the Govern--ent Code, ' to the end that at all times during the continuance of this Contract, as from time to time reneged, there shall be a ten (10) year term of restric-tion unless notice of non-renewal is given. Under no circa=stances shall a notice of renewal be req,;-ed of either party to effectuate the automatic I renewal of this paragraph. !- 10. Cancellation. Except as _n_-ovided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the lard des- cribed in Paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and owner after a public hearing has been ~ held is the manner provided by Section 51234 of the Gover sent Code and upon a finding by the Board of Supervisors that such cancellation is -3- 00385 j ..k5 . 4 PAGE405 not inconsistent with the purposes of the Land Conservation Act, and in the public interest. it is understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay to the County Treasurer, as deferred taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released F the texas of this Contract. Said cancellation value shall be determined in accordance with the provisions of Gave_^saent Code Section 51383 (a) and N. Under- no circumstances shall the payment of said cancellation fee be waived, deferred, or made subject to a.-cy contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sions; of Gove.-rent Code Section 51283.3. L. Ca=ellation Uoon Substitution of r..w Restrictions. This Contract may be cancelled by mutual agreement of County and Owner without payment of defer-red taxes or public hearing if it is replaced by ar. enforceable restric- tion authorized by Article 7 MT-T of the California Constitution. -4- 00385 v 1 _Muni a • 30.8204 pou406 12. Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- ment, the provisions of this Contract by which Owner agrees to restrict the use of land described herein shall be null and void as to the land so condemned or acquired. if, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall. without further agreement of the parties herein, be reinstituted and the terms of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that O?.rner fails to comply kith the terms and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural use, thereby negating the purpose and effect of this Contract, Owner shall pay to the County a sum equal to One Hundred Per Cent (100%) of the equalized assessed valise of the real property described in Exhibit A, as established by the County -5- 00357 w OU3�7 aaa�5204 PA6E407 Assessor on the lien date nest follcrring the elate of breach, as liqui- dated and agreed &_--ages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of ca=pliance. If after the date the Contract was initially entered into the publicly announced county ratio of assessment to full cash value is changed, the percentage palr=ent in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply is the land which is the subject of this Contract is used for purposes other than those provided in ordinance Code Section 8159. 14. Effect of Division of Prooertr. owner agrees that divi- sion of the property described in Exhibit A into two (2) or more par- cels, whether by sale, gift, by operation of lav or by any other weans, taay, upon a finding by the Board of Supervisors that said division is detri:.ental to the ultimate preservation of said property for exclusive agricultural use, be const-t:ed by the County as notice of non-renewal b, the property cwner as provided in Section 9 of this Contract. 15. New Contracts Unon Division. In the event the land under this Contract is divided, a Contract identical to the Contract then -b- 00388 a J Now- 300,8204. FACE 408 covering the original parcel shall be executed by Owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts icon division shall not affect the obliga- tions of the heirs, successors and assigns of owner as established in Section 16. 16. Contract to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the Owner. 17. Consideration. owner shall not receive any payment frca County in consideration of the obligations imposed hereunder, it being recogni=ed and agreed that the consideration for the execution of the within Contract is the substantial p-iblie benefit to be derived therefran and the advantage which will accrue to Owner as a result of the effect on the method of dete_-mining the assessed value of land described herein and any reduction therein due to the isposition of the li:m cations on its use contained herein. 18. Incc--e and Expense Information. The Owner shall annually furnish the County Assessor with such infoaation as he may require to enable him to detersine the valuation of the Owner's lard. -7- 0030U .ti T 1' now BOO!,8204 PAGE409 19. Effec�&P.emovincr Preserve or zoningAlkssification. Removal of any land under this Contract from an agricultural preserve or removing the ag-ricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Sect-ion 422 of the Revenue and Taxation Code. COUNTY OF COM?L C ATTEST . 01 C1ezx of Board Chairman, Board of Supe W. N. Boggess Ok'i+B:R Coney Island Farms, Inc., A California Corporation Geo a H. Speclkman,, President J Sp n Vice President �� Herbert A, eckman - Sec. Treas. r We the undersigned trust deed or other encusbrance holders do hereby agree to and agree to be bound by the-above imposed restrictions. Bank of America H.T. and S.A. Garter - Hunter Branch Stockton, California 95206 By Robert F. Gagen Assistant V' a President Approved as to Form: NOTE: All signatures wust 4r. be acknowledged. Deputy ---8- 00300 I-IT73 / 1 ' 1 , ,....•p. .m_ ,.xi';,..¢*,^ x :?,&:Lirs.. ...'aT„'. T,:,.. ?�' t'e3., .„^,:{'.Y STATE OF CALIFORNIA e00.�8204 FAcE410 County of San Joaquin On thisto the year one thousand nine hundred and-.r5eYAPtYMP before me3L �• 1 +`•r9al_ — a notary public in and for the County of San Joaquin,State of California,re:dding therein,duly commissioned and sworn.Personally OFFICIAL SEAL PHYLLIS A. PrT' SFj known to me to be the PresideflC..—_ . »_ _ ......... ' of the corporation described in and that executed the within instrument, and also idQTARY l 191.r,,.�,,,!_�"r i7ri':w known to me to be the person_..who executed the within instrument on behalf of the ami. r corporation therein named, and _.be— acknowledged to me that such corporation 1 .. , Md y.om mass.cn. e:irp.6,Iq:a _ - executed the same. IN NV17IV'ESS WHEREOF,I have hereunto set my hand and affixed my official seal at my office in the County of San Joaquin,the day and year in this certificate first above written. Notary PublQKU And for the County of San Joaquin,State of CalifornL. Morris Bros.--Stationers. Acknowledgment--Corporation STATE OF CALIFORNIA as ........... ..._....._........ ... _. County of San Joaquin On this_..r$%;M* ___--...._..day of �cb 33! in the year one thousand nine hundred and.,�..V*.A_tY:'8.41.V#.1_ before in Phyllis A. meter-tq z .a notary public in and for the County of San Joaquin,State of California,residing therein,duly commissioned and sworn,personally aPPe -+1Y �•- .—+�p4iPII_ —_ GFr`SvI L SF4L known to me to be the Vice-President ! Pt'Y!!1S A. PETERSEY of the corporation described in and that executed the within instrument, and also FU'=iC-C '.fCRi:ta known to me to be the person—who executed the within instrument on behalf of the corporation therein named, and &he_ acknowledged to me that such corporation executed the sanme, IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal at my office in the County of San Joaquin, the day and year in this certificate first above written. L Notary Public in and for the County or San Joaquin.State of California. Morris Bros.--Stationers,Acknowtedgment--Corporatiou STATE OF CALIFORNIA as County of San Joaquin On this_.._Swand_—day of_ Febrt=7 in the year one thousand nine hundred and.SEIX�li1�YY"� ... before me,. PhylliS A. Petersa notary public in and for the County of San Joaquin.State of Californls,residing therein,duly commissioned and sworn,ply apPeard dmkt!L •.r,a.�rr OFFICIAL cr L S rntn� PN.YlL1S A. °i l rP`P known to me to be the .ac=tft - of the corporation described in and that executed the within instrument, and also known to me to be the person__who executed the within Instrument on behalf of the corporation therein named, and _..he— acknowledged to me that such corporation _ executed the same D NUTNESS WHEREOF,I have hereunto set my hand and affixed my official seal at my office in the County of San Joaquin,the day and year in this certificate first above written. Xot&'IT•Public to and for the County of San Joaquin,Stats of Catlrornia. Morris Sros.—Stauonem. Acknowtedgrxnt—Corporation CORPORATE ACKNOWLEDGMENT State of California S.S. of Fznn joagn4ri r On this_jrday of_�gy : 19 , before me_ Let9i�r Es Ynt._r+-,n.. M..a Notary Public in and for said _ Qg� _ County. personally appeared Enhn (SEAL) •---»— — —_ _ __ __ __._______�__ _w____ known tome lobe the.- and he_-and _—I___ - known to me to be the - —of the aeL-1-of the Corporation that executed the within instrument. and also known to me to be the person------ who executed the within instr=cnt, on behalf of the Corporation herein named, and acknowl- edged to me that such Corporation executed the same= and further acknowledged to me that such Corporation executed the within instrument pursuant to its by-laws or a resolution of its Board ofYDi;CGtArs. � Ci ' ' L SEAL 1i1TNESSmy hand and official seal. �^ 1 i lU"i 4. 1479 .E otary Public in and for said_ SA-7 — ____w_•___County and State. y commission expires_________ —�__w_= ;4____. (y(krj[Y� v-169X 12-67 ` 039 l� i 30018?04 PAcE411 2ag3 Rz Contra Costa County Land Conservation Contract No. 144-7-4 EXHIBIT A PROPERTY DESCP.IPTIOY Pursuant to Paragraph 2 of the Land Conservation Contract to which chis exhibit is attached, the land described below is designated as the subject of said Contract. Said land is described as follows: That real property located in the County of Contra Costa, State of California, more particularly described as follows: The legal description to said property is contained in Schedule 1, consisting of 2 pages, attached hereto and incorporated by reference herein. Revised July 1, 1970 00392 s�c�cei '! T-•.:l 'csca`�an 800.8204 PAGE412 ' '•.:-d r..fw--cd to i.: eU--.yYaa in the Sbate of Callformia, Caumw O.0 con'' Costa, an uninco p-:ated area, and a drscriblad as follwm: Portion of 5:.:-* rand Q Ins land iurve-7 nw. 24.1, 1:31,. 433, 424 --d ba n, a p^rtien the SouVhea;t 2/I; of Section Op parion of the Sout'�rest IP4 of Secw-a^.. 9, all cLP the Sot thwes;. I&porstion of the Itoz 2/2 -=d a - �larvion o3 t':h- Soot-ea3t V4 of Sectica 15, all of the iiortheast. 2/4, a pardon of the 1:0 birwest !A, and a portion of the Sottiseast 1/4 oA-- Section 17, Portion of the Northaast 1PII: and a port-ion of the Sou'.neast 2/I; of Saction 20, -.d a porbion of the 2:0_+-Lb 2/2 of Section 21, a'L 3n Tou='I 'P ? South, its yM 4 East, _zoo Dia'olo Ease and1�r3�i.n� described as four: tB ZI 3:g at a gaie- in said Sactbion 8, at the :ntersectdan of the ceeber _ l;�e of u:este n Canal" At!i the ?eft bank of Old Fier as :.aid river e:-d.sted. in X9053 theme �-cm said point.or beginsou-Meas yerlp z`ono US C---rt--r ?i-- of said T.:zz"o-ra Carall to the Interr-sec�� •Sp eof with aa:A left bay of Old Riva in the Scathsast 3/h of said Section 20; thetics easterly? -+=Vh-9rl7 and aster7,7 a?ang Sar;.d left bank ar 07A R;vw*'To tte polat, of 3-Those two parcels of land dashed in the deed f rca Dario P.3&ett..i, at :.o Stknium A. c uinn, dated A'cst 20, 29314 ar3=-eca-ded�Tust 29j, 1934 ia. So1u9 358 of Officlal Esco-ds, at Fhge 4� . as 2011cxs: PA ME: Poraw of S2=p and Ove-'laxed Tm.+Ra S=v--7 No.4310 b-.ino a ports= a? Sacci ^ 9 =d 16- `��z I SoC,�th�y F-ang-'9 4�2, 1t.CL�t Ti:ablo Base 2nd :• :�� :.'.rids , blJ..::.+_@ Q T.hB fiat t TZ9'. - ` Soc�tY..�ast by 01d Rives as descr3ced • :.•... in the field notes*cUsa33 S:•rx_-? am 07s_-f2.^ved Tanda Su%VW Va. UI tad an, . trs soot mes by the. Icct-of-i" refere-ed to In eom7ag-ance of record. Perri= of nW� Md 07erf 11-a e<3 lards t_ Swrmy No. 16a, b--!Ma portion of - Saction 1i, Tomship I Sou'w, P.z *� 4 Vbst1 Ib"—t-Di202.0 Pace and;I;arsdi=, ba-mded ca tits Nort.It esv'and Southeast by Old Rive a3 derz ibed 3n for fja7A notes 01 saM �32 3 end. 0:exdl -ed Tands S^-v., .216.131 Is31 and on the soutivrest kr ;:nw=b-off f referred to in comeyanca ci recor3'a 2-7hat parcel of land desc-risxd in the dead.frc6 Ida T'oVz:.sizij, et al, to Felson i"orzar ii se?y, at =, dated J2na2 35? 2936 and recorded Septer►aer .1936 fat yoltw 1:22 of Official?--cards., at Pam 157, as foll.^ss: 1'1 desarlbaa piece of land in the rasa. 2/2 of Section 8; TcmYalp 1 Sout:t, Ear--a :� v, ?sott<tt Diablo Sass and iter•-di-s, lying bs zieeu Old River and the cut-oTT, i�c n;.- d and contaiu{ng Fim (5) Amies, Tara or less, and 'caiag in a general :ray naribb -3y acs Coney lslaad P . 3-� prion t�reof, -h cit s:3srQ.:ent to the StZta Pat is dated Octo:.er 5, 1-571, Aug-ast 9; 1873, 2%07-nbar 17, 2682 anct t'.V 8; 1884, raspeettvely, try h ve baccre a part of said p,-mases xTon a change o. �r"2.i:Ci3 of the bo=ca+- es c caasionad b,-r w7 rmezas other than b, n ttral accretion, ar3 except -,-17 lana. eccreted to such por-^..icn: I:^rte tta3i:^dea Qay-'^a33 i-i 4axest 3a "M oil, gas and oth-- bt;Ydro-carbon zebswnces and in sial to all oil, gas azA- other Min^rels, sincr`l r4l a ; -.d - iuwaxespr. or imder thest;face of t n real r_o ert„ to-=e-bar- tritth full v u i free r to enter upcn said real pro;er ry and. =a so ach 4f yens at-_.rzca :.•ier2oi 3s nlght be reasonably=c-'.zc-- 1 In o e sting and -&'luno tha mead*_.:Lion thare-af", Vmantsd to C.-c^-3m --:46-10 :!.'S��O''.s37 P21'-b-1 as Lruswlea, by diad rec-�_d Js^a 2, 1561, Boas 3886, C?fi ;^7 :eco :., Paggs 610, 00393 r r• t q,c A OTsLo ,j.^...s \_ ro +pkv" m co rn ` O #►� LJ .. PI r M co Yll z . a / 4S v 2au.0 0,,0 •4J .y` y a W \ a o � is � }` I♦ tw• o`A CO C-) rl 00 r � lJ CI tA ta•t v 4 i � � � a• �v o\i. r j �• �Y ) tit .+t�� t♦� ♦♦ M k t V• ly a � L `L.► 'o ♦ ..M t.M "�• � w It!"'r F�"i C80 a y�,.ttv T a�` ♦4 a th p • �r �a�•.,,� �1i rrn '?0q--3 RZ Contra Costa C.CO Land Conservation Contract . .. - MMIBI^. B �� ,8?04 fx- 415 t 4+}o a• 70C1� RZ Contra Costa CO Land Conservation ContractM LL -1-- • • MMIBI^ B 8001&Zi74 FnE415 ALWRABLZE LM:M USES Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County ordinance Code and Paragraph 7 of the Land Conservation Contract. of which this exhibit is made a part. the land uses and structures described below are authorized without a land use permit subject to the terms and conditions set forth below. Said uses and st.,ruct�es shall be in addition to those authorized by Subsections (a) (1) and (b), but shall be subject to Subsections (c) , -(d), (e). (f), (g), (h), (i), and (j) of Section 8169 of the County Ordinance Code. , 1. Existing Non-conforming Structures The following non-conforming structures are peznitted, subject to the provisions of County Ordinance Code Section 8107. 2. E:3sting Conforming Structures Frame Dwelling, Labor Camp Building, Labor Camp Kitchen, Two Story Barracks, Cook House and Barracks, Packing Shed, 20' x 300' Wooded Bridge 3. Pronosed Structures None 4. Existing Land Use Cultivated - Grain, Corn, Tomatoes S. Pxonosed Land Use Cultivation - Raw Crops and Grain Revised July 1. 1970 Eno OF DOMMEM 0039- f -,: rzal i n t !4;R,l *:*bs = , . fill ■q� {�!�t����.. '��'�"�_M"�►q ',.'►'.�.��f�.h,:�,,,,�,�M,�y, �`, ��-��-`.�.y.���+.sfd�}�' '�' t'�,�pp'.��-- +vie *+� a � ' 'r"" - rl u-a tz� ' lG nd rA,4 +��y�dtl" fie'F ik czw" 1 rIr � � ;;� � '+ �► !� Asa° :' 11 _. UAW Ikp *Tr cult ae a cst " Area O cUt arj t x Tr U TOa Aad :t tr eN7 R�Md Mw/ +Apll iF' Omer, c9k J. s 4a' y`t f 4 A h t 77 IT S F"uRT f �RtDEM ,,that tba.-Chef of tPtA�irct,� bttuzu .af ;thc,t!6unt�r, ."ecu Viand . . 8L►Ot Lrusit3' J JT►xAp Gtlr y!lQBR`"1 'i�15. a �� is x t�°, r• {a^ il P a sEP Arid ,ADOP'T�3 byTM thE! '$rR2t2`t� this 8t�t fT�a QF Febcus�xg, 'Z c " x "�.`. .CC: F�IIri:11Ai,. � .. _ r-".��J:u�: '��?�"� ...t�'��"r` �s1I.'61CTIi'lS:1�GL 0]C+' �M�•��+",• ,+ iYV pr XML.ffi1fi ;Fk fhR4�t � of CIer F11Q s. x t t yR,i s �¢''R�IItlotKd� a��.h► .dy x �Sn �j�10�74;ot Cada4rx if4 'oA ! pailreso0[teioVIerlcoLsaii['Baard'oSayeaT ` F.r$nLttmr �r'un 1aY DeyatsCleelcYr �. EB 17 z3 4t x i n .xro•'+� �p ., „�. y,.-r r.s �-'$^2's,�y�ny`�i, a4+ - - t r x5 - t w5'X'' ', a-r "y�����,,x'�` -t =2- Y'c'C `. ,+�" t'-4,"S''� �'�" :✓ ',�,a �^ `��'.rC- '�.,'^,'K s�`-'�.rr`, '.�"moi .r- ,.w� �",k.,l�a�` , � Boos 8204 PAGE409 RESOLUTION NO. �� �3 LAND CONSERVATION CONTRACT 1. Parties. BY THIS CONTRACT, made and entered into the day of FJjit._� 1977, Coney Island Farms hereinafter referred to as "MNER", and the/County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "COUNTY", do mutually agree and promise as follows: 2. Property Description. Owner possesses certain real property ~ located within the County, which property is presently devoted to agricultural and compatible uses and is particnlarly described in Exhibit A, attached hereto and made a part of this contract. 3. Purpose. Both O•.raer and County desire to limit the use of said property to agricultural uses in order to discourage premature and un- necessary conversion of such lands from agricultural uses, recognizing - that such land has definite public value as open space and that the pre- servation of such land in agricultural production constitutes an important physical, social, esthetic and economic asset to county to maintain the agricultural econctry of County and the State of California. 4. Intent of Parties: Enforceable Restriction. Both awner and County intend that the terms, conditions and restrictions of this Con- tract be in accordance with the California Land Conservation Act of 1965, as amended, so as to be an enforceable restriction tinder the pro- visions of Division 1, Pa_-t 2, Chapter 3, Article 1.5 of the California Revenue and Taxation Ccde. -1- 00383 6 BOOR 8204 PAGE403 5. Intent of Parties: Effect on Property Value. It is the intent of the County and Owner that this Contract is conditioned upon the continued existence of legislation implementing Article XXVIII of the California Constitution so the effect of the terms, conditions and restrictions of the Contract on property values for taxation purposes is substantially as favorable to Owner as the legislation existing on the last renewal date. 6. Governing Statutes and O-din=races. The within Contract is made and entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 of Part 1 of Division 1 of Title 5 of the California Goverment Code commencing with Section 51200, as mended by Chapter 1372, 1969 Statutes). The within Contract is further made pursuant to and subject to Contra Costa County Ordinance Code, Title 8, Division 89, and Resolutions of the Contra Costa County Hoard of Supervisors Nos. 7. Land use Restrictions. During the tecta of this Contract or any renewals thereof, the above described land shall not be used for any purpose, other than the production of food and fiber and carapatible uses as listed ir. Contra Costa County Ordinance Code Section 8169, which is hereby incorporated by reference as if fully set forth herein; pro- vided, however, that such additional agricultural or c=Patible uses as azo set forth in Exhibit B, which is attached hereto and is hereby incor- porated by reference, shall also be pezaitted subject to the terms and condition set forth therein. In case of conflict or inconsistency be- - tween the uses allowed in this Contract and those specified in said zoning o_-dinance the provisions of the Contract as set forth in Exhibit B shall prevail. -2- 00381 1 i B00A 5204 PACE404 8. Hodification of Restrictions. The Board of Supervisors of County may from time to time and during the terra of this Contract or any extensions thereof, by amendment to Centra Costa County Ordinance Code Section 8169, add to those uses listed in said ordinance; provided that such additional uses shall be limited to co=ercial agriculture and compatible uses; and said board shall not eliminate without written con- sent of the Owner or his successors or assigns, a cacpatible use during the term of this Contract or any renewals thereof. 9. Term and Renewal. This Contract shall be effective coomenc- ing on the last day of February, 19` 4 , and shall remain in effect for a period of ten (10) years therefrcm. This Contract sha11 be automatically renewed and its teras extended for a period of one (1) year on the last day of February of each succeeding year during the teum hereof, unless notice of non-renewal is given in the manner provided by Section 51245 of the Goveraaent Code, to the end that at all tines during the continuance of this Contract, as from time to tine renewed, there shall be a ten (10) year term of restric- tion unless notice of non-renewal is given. Under no circumstances shall a noticx of renewal be required of either party to effectuate the automatic renewal of this paragraph. 10. Cancellation. Except as provided in Section 11, the provisions of this Contract whereby Owner agrees to restrict the use of the land des- cribed in paragraph 2 may be cancelled as to all or a portion of said land by mutual agreement of the County and Owner z.fter a public hearing has been held in the maunpr provided by Section 51294 0£ the Gove-anent Code and upon a finding by the Board of Supervisors that such cancellation is • -3- 00385 PMF405 not inconsistent with the purposes of the Land Conservation Act, and in the public interest. it 3s understood by the parties that the existence of an opportunity for another use of said land shall not be sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic character of the existing use will be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. Upon cancellation of said portions of this Contract, Owner shall pay to the county Treasurer, as defer-red taxes, a cancellation fee in an amount equal to fifty (50) percent of the cancellation value of the property being released from the terns of this Contract. Said cancellation value shall be determined in accordance with the provisions of Government Code section 51:283 (a) and (b)- Under no circumstances shall the payment of said cancellation fee be Waived, deferred, or made subject to any contingency whatever. Final cancellation shall be effectuated in accordance with the provi- sicas of Goverment Code Section 51283.3. 11. Cancellation Oxon Substitution of D.:w Restrictions. This Contract may be cancelled by mutual agreement of County and owner without payment of defer-red taxes or public hearing if it is replaced by an enforceable restric- tion authorized by Article MM= of the California Constitution. -4- .. 00386 i eoo,82[ 4 PAU4 06 12.' Eminent Domain Proceedings. Upon the filing of any action in eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this Contract or upon acquisition of such land in lieu of eminent domain by a public agency for a public improve- scent, the provisions of this Contract by which owner agrees to restrict the we of land described herein shall be null and void as to the land so condemned or acquired. If, subsequent to the filing of an action in em.1nent domain, the proposed condemnation is abandoned as to all or a portion of the land subject to the Contract, the restrictions on land use set forth in this Contract shall, without further agreement of the parties herein, be reinstituted and the tesaas of this Contract shall be in full force and effect. 13. Remedies for Breach of Contract. In the event that Owner fails to comply 'u-ith the teams and conditions of this Contract and the effect of said breach is to render the use of land or a substantial por- tion thereof unfit for further agricultural usP, thereby negating the purpose and effect of this Contract, Owner shall pay- to the County a sum equal to One Ruud_red Per Cent (100%) of the equalized assessed value of the real property described in Exhibit A, as established by the County 00387 S e4o,8204 PAGE407 Assessor on the lien date next following the date of breach, as liqui- dated and agreed damages, it having been agreed that actual damages will be impractical and extremely difficult to ascertain and that said measure of damages is a reasonable measure of the harm which would result from such failure of compliance. If after the date the Contract was initially entered into the p.blicly announced county ratio of assessment to full cash value is changed, the percentage payment in this subdivision shall be changed so no greater percentage of full cash will be paid than would have been paid had there been no change of ratio. It is understood that nothing herein contained shall constitute a waiver of any right which the County may now or in the future have to seek specific performance of this Contract or other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance shall also apply if the lard which as the subject of this Contract is used for purposes other than those provided in Ordinance Code Section 8159. 14. Effect of Division of Property. Owner agrees that divi- sion of the property described in Fmhibit A into two (2) or more par- cels, whether by sale, gift, by operation of las+ or by any other means, may, upon a finding by the Board of Supervisors that said division is dctri_aental to the ultimate preservation of said property for exclusive agricultural use, be construed by the County as notice of non-renewal by the property owner as provided in section 9 of this Contract. 15. New Contracts Unon Division. In the event the land under this Contract is divided, a Contract identical to the Contract then -6- 00388 • aoo-�8204. PAGE408 covering the original parcel shall be executed by owner on each parcel created by the division at the time of the division. Any agency making an order of division or the County which has jurisdiction shall require, as a condition of the approval of the division, the execution of the Contracts provided for in this section, provided, however, that failure of Owner to execute Contracts 'usnon division shall not affect the obliga- tions of the heirs, successors and assigns of owner as established in Section 16. 16. Contract to Run with Land. The within Contract shall run with the land described herein, and, upon division, to all parcels created therefrom, and shall be binding upon the heirs, successors, and assigns of the owner. 17. Consideration. owner shall not receive any payment frca County in consideration of the obligations imposed hereunder, it being recognized and agreed that the consideration for the execution of the within Contract is the substantial pablic benefit to be derived therefrom and the advantage which will accrue to owner as a result of the effect on the method of derrP in;ng the assessed value of land described herein and any reduction therein due to the imposition of the limitations on its use contained herein. 18. lnc=e and Exoense lnfo=ation. The Owner sball annually furnish the County Assessor with such information as he may require to enable him to determine the valuati= of the Owner's land. -7- 003as BON 8904 PAcF409 19. Effect r Removing Preserve or Zoning ossification. Removal of any land under this Contract from an agricultural preserve or removing the agricultural preserve zoning classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of Section 422 of the Revenue and Taxation Code. COUNTY OF CONTRA C ATTEST Clerk. of Board Chairman, Board of Supe W. N. Boggess O6-HER Coney Island Farms, Inc., A California Corporation Geo a H. Speclman,,pF President � x ABFi%Ei1 JqMO6 IL Speqban 7 Vice President Herbert A. eckman - Sec. Tress. r We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be bound by the-above imposed restrictions. Bank of America H.T. and S.A. _• Y Charter - Hunter Branch Stockton, California 95206 By Robert F. Gagen, Assistant V e President r r ' Approved as to Fora: t .30E^7 8. U E:7, COUA un TiOTE: All signatures =ust be acks�•+ledged. By Deputy = is 00390 - • STATE OF CALIFORNIA . as 500&8204 PmE410 County of San Joaquin On this.._.. day of 4 in the year one thousand nine hundred end_ti i M before me bruu A. PCt<!!f� a notary public in and for the County of San Joaquin,State of California,residing therein,duly commissioned and gym.personally appeared---Clem I- Reckm OFFICIAL SEAL PHYLLIS A. PETERSEN known to me to be th, �ddmt NOTARY Pu8LIC•^ of the corporation described in and that executed the within instrument, and also CALIFORNIA known to me to be the person-.--who executed the within instrument on behalf of the SAN SOAQU?'i COL'?: y ray Cpmm:a.on.:piss Ftp.s.1471 � tbetein named, and he acknowledged to me that such corporation executed the E6tnt.`. IN VMTW—%S VYfMEOF.I have hereunto set my hand and affixed my official seal at my office in the County of San Joaquin,the day,and year in this certificate first above written. :R- . Notary Ptiblib to and for the County of San Joaquin,State of CaLforala.. Morris Btoa--Stationem Acknawkd=ment---Oorporarion STATE OF CAI.1FORNIA sec County of San Joaquin on this Stood day -7nr Abm%X i.,the year one thousand nine hundred and.SlIL1lA !!R� before me P!'W)AX A* torsos a notary public in and for the County of San Joaquin.State of California.residing therein,ally commissioned and sworn, petaonally apnrar-- jQM& 39-wj� OFFICIAL SF-AL known to me to be thn V1C!-PZ*81A1$U "' =a PHYLLIS A. PETERSEN of the corporation described in and that executed the within instrument, and also NOTA.,"(FUEL aC•CALIFOWOA known to me to be the person_who executed the within instrument on behalf of the S: corporation therein named, and j he acknowledged to we that such corporation V :. 1.'y commn:aac,e>c_eva Fab.6-1974 executed the alta ne. IN VV'1TNFSS WHEREOF.I have hereunto set my head and affixed my ofticial seal at my office in the Canty of San Joaquin,the day and year is this certificate first above written. Notary and for the County of San Joaquin,state of(aaufmits. Morris Sroa.-.Statianaa,aeknowtedsmmt--CAtyoratfen STATE OF CALIFORNIA sa County of San Joaquin On chi. Sated day of._ Flibszsary in the year one thousand nine hundred before me gglUs A. Petelfext a notary public in and for the County of San Joaquin,State of CalWornla,residing therein.duly cornmiastoned and +ern.pa'sonauy ed go t ♦.�� - OFFICIAL$ELL known to me to be tho �rretaas 40MPHYLLlS A. PET�RSEN of the corporation described in a� executed the within instrument. and also ;! �•;' NOTARY PUE_' ' -^a; F = , mown to me to be the person-who executed the within instrument on behalf of the 3 a , 7t.', _, corporation therein named, and .be_ acknowledged to me that such corporation executed the asare IN WrrNESS WHEREOF.I have hereunto set my hand and affixed my official seal at my office in the County of San Joaquin,the day and year In this certificate first above written Notary Public to and for the County of San Joaquin.State of Coll[ornia. Morris Sroa--StaUonera. Acknovtedaneot-Corporation CORPORATE ACK14OWLEDGME14T State of California }S.S. County of r'r n j- j14" t On this_3rA day of_ Eg t y _ 191,before me__jnt&"n- p_ tp A„-n., a Notary Public in and for said-"U"asuldn County,personally appeared (SEAL) known to me to be the 2400 _ and known to me to be the of the- -o&- i�l:J! 3f- the Corporation that executed the within instrument, and also known to me to be the person----- who executed the within instrument. on behalf of the Corporation herein named, and acknowl- edged to me that such Corporation executed the same, and further acknowledged to me that such Corporation executed the within instrument pursuant to its by-laws or a resolution of its Board ' oj�;ie s �>< OFi•iC1 .L SEAL 1' NESS my hand and official se 1. �`/• LE$-�' r• =ETE241AN .H\ F:0' L-CAL1F0h1A c ; Ji 441 -� A�U'N CCU'ay Nota Public in and for said San jospin -__--Count and State. ley m-L.-L F�,nes luN 24,197sNotary Y y cotmnission expires, -----• 19-------- 00391 - -1691(12-67 4 . aaox 8?04 PAGEM 2O q 3 RZ Contra Costa County Sand Conservation Contract No. EXHIBIT A PROPERTY DESCRIPTIOY Pursuant to Paragraph 2 of the Sand Conservation Contract to uhich chis exhibit is attached, the land described below Is designated as the subject of said Contiact. Said land is described as follows: That real property located i::a the County of Contra Costa, State of California, =ore particularly described as follows: The legal description to said property is contained in Schedule 1, consisting of 2 Pages. attached hereto and incorporated by reference herein. Revised July 1, 1970 00392 i i 'I:'d xa ��-rcd to is, 5--'tzmtad in the Sfi-te of Ca Cana;y of u.alta Cas-3, an u.1-incorp.rated area, and is de-scribmad a:. folla-tw- : rotticn of S,.--.:,T ani 07--fl(W L-Ind SI r--7 roe. ltii, U , 433, /:��i�s mad 454 ba_no a pe:tion o the Soutceasb I/; ofSection 8, po=`�3an of the Souva•.rest of Sec_:,= 92 _,U Q the So thgest- 3/I, pot on. of the North 2/2 and a pa pion of tar Soast^eaat, I& of Section 16, --i of the iTortheast 3/4, a portion of tae Uorth-.rs+ !/L, 2nd a portion of the Southeast 1f I, of Section 17., porton of the Northeast /4 and a powpion off tha Southeast ?/I: of Section 20, a.3 a port-ion o;. tha 2:orth 1/2 of Sect:-Lo= 21, all in Tou=ship 1 South, Rama 10, East., Vount Dizblo Bass and 'Meridian., des=i--d as follawr: B_ at a point in said Sad' 8, at -the intersection of the cents;,- -Line or "Neste n Canal" :pith tha left bank of Old Fd-.r*--r as said river existed. 1905; tt+°Zcs -cc :,a i3 point-of be - ^ ^Q soet heastarly along the cez-ter 3i—m of said Ues"--n Canal to the int--sec�an.tbze eof raith mid, Left bang o: 0ld Rimmr is the Scatheast 3/It of said Section 20; therca easterly? n=thsrly=d :restarly alb said left bans of OI3 Riv--r to tl--- point of b'-oinning• ?-Mose two,gres3s of land dssc =bed 3n the deed frac Damao Ri&atti, et my " ta S�..ariI=A. uirm date,' August 20, 39314 ani zecQ s lush 29, 1934 iu Volum 358 of Official 8..cords, at Page as 30�_?..•'srs: PARE j 02E: - - - - Fo_ti ca ok ama Overflaxed Ianus Surrs2 No. 4310 bein.- a Portion of Sections 9 and 16; Tema 1 Saeth, R=g-p I,Lasts oust Biaolo Base and Rariciaa, boa-�.�d as ihs idoa-t ase and southeast by Old River as described • �. in ' a fish noise oi' sa:d S:�.ap and Qr-fian3 lands Survey 2;x. -:3 :, 1 and on tva sontinss± by Vie, refer-ed to in con:7--jance of, record, FLTt� iir:0: ?crti n of d• and Cmzf?sJw:ed lards Su--7e7. =a. 431, be-_ a por`„ion. of Section 15, Tcwasbip 1 South, P.a—,e 4 I•'estg Mr=t.D-izola Baca and Meridian, bounded oa the 31or`.hwest'and So;it�ieas, by Old Riv—m as cerrribed in the field notes of said i and 0:arf'I.o-ed Iaids S�.� 216. Iul ani on ihr soutirwa- ., b; 1e�c�.-off t rsfd to in convej-=ce of reeas3. 2-7-hat parcel of land described in the deed fry Ica Tog ,---i-i, et al. to - elson "Fra ner Tlnzely, et ua, deed Jan-=7 15, 1936 a=id reco ded Septer�er ?I,, 1-36 is vola'n3 L:22 of Official?„cords, at Paas 157., as follows: . desc`�brd p-cs of land in the Frit 2/2 of Section 8; Tcsasaip 3. South, Fates 4-Bast 2:oxmt Diablo Bars and lying between OId River and the cut-oif, tuZ-eC i--=d and containing F � (5) Amies., ruts or Bess, a.d axing :L-i a general :ray n=.a,--.3y farm Coney Is2and..a . 3—Ar-Y Portion th'red, %i c:: s:3s_craen, to tiaa'State Fatrnts dated October 5, 1••971, August, 9; 1873, Ea7er3ar 17, 1832 ani F.a,7 8; 1854, raspsctiveiy, nay, - haie b=-co-.- a past of said pra=ises upon a cb-m gs or ti---i=ca of the bomda-z es CCcasionad by anzy reans other than b, 23--t=a'accration, and excepting any Ind accreted to sacs por-tion. • di�ded o^e-'sal3 i-�-:4-rest 3a 0A11 oil, gas b and other ra-carbaa ::uhs`ances and is and to all nil, gas ata other mi-1^--a2s, ainc;`l r g;it and --:bales~ ups^ or imder t:+s --=face d tcs real uith f:i11 and free :-�. to enter upcn said real oro,-m-=ty and usa so Witch of the -,=face t:'ier::Q' as nil-ht a-- r:.'aoi7ab-Ly =c"..s^.a=j i--- oL'Bm-mating —d dri1 inns -�t y��1�tZjjo t7 is 7--oG*actio^ t_^cro-of", rantted to Croc'- -kngglo National Bank, as 1rustea, by decd recoread &=a 32, 336 1., Boes 3886, Official.;Lcords, Fags 610. 00393 r 1 CD Vt 4 a doi in f � AS Zt d '"�� �� '•s�sw� ( "" Jbt 6�4a o� � 1 .s d r yfe , its �' tijl Tjr go 4170 �4�I� ,�►6 o a,. ,• r!t � 5 si,3os rN ip � 3��0,d•1 f#� v' s•Oos t J res ' .•rlif ..q, � yl 01Q.O � rs %is' 121 fv • � �r M �snr iJ'L 1 � 4�5 G s+ }e t e cJi 1 � �.1 POR. *G. D,x,16.17, 20,21: G£}l���Y 1 / Tt ao°X .,. b PIZ RC S .;122 '�OlOiL. p � 16 Ac -30 ilk, It t IL Ap ajs • f t v:� � �QQ a N� .s LTJ i /` ' � 'w11i'��7 �-•�� +(� ` ^� ` f/ .+ c/ ;f r_+ r .�,rMv/-G .Lvr.G+n.l.vvl't ri?v.o N D -GER RE i �,,, 1 :° .s'o • t fie` /i 10 7oq-5 _ _Rz Conte Costa Cou*Land Conservation Contract 10 ` EMB= B aoo,8904 Par-415 ALM IANM USES Pursuant to the provisions of Section 8169 (a) (2) of the Contra Costa County Ordinance Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part, the land uses and structures described below are authorized without a land use permit subject to they and conditions set forth below. Said uses and s' ewes shall be in addition to those authorized by Subsections (a) (1) and (b), but shall be subject to Subsections (c), -(d), (e), (f), (g), (h), (i), and (j) of Section 8169 of the County Ordinance Code. , 1. adsting Zion-conforming Structures The following non-conforming structures are permitted, srbject to the provisions of County Ordinance Code Section 8107: 2. E=zting Conforming Stsuctu-es Frame Dwelling, Labor Camp Building, Labor Camp Kitchen, Two Story Barracks, Cook House and Barracks, Packing Shed, 20' t 300' Vood"ed Bridge 3. Proposed Structures None 4. Existing Land Use Cultivated - Grain, Corn, Tomatoes 5. Pronosed Land use Cultivation - Row Crops and Grain Revised July 1, 1970 END OF OOCU61M 00391 A C In the Board of Supervisors of Contra Costa County, State of California February 8 .1977 In the Matter of Recommendation of the Planning Commission (2064-RZ) to Rezone Laud in the Orinda Area. The Director of Planning having notified this Board that the Planning Commission recommends the rezoning of 1.7 acres'froating-440 feet on the vest side of Camino Encinas approximately 400 feet north of the intersection of Underhill Road and Camino Encinas, Orinda area, from Single Family Residential District-20 (R-20) to Limited Office District IT IS BY THE BOARD ORDERED that a hearing be held on Tuesday, March 8, 1977 at 11:05 a.m. in the Board Chambers, Room 107, Administration Building, Pine and Escobar Streets, Martinez, California. IT IS FURTHER ORDERED that pursuant to code require- meats the Clerk publish notice of same in THE ORINDA SUN and give notice by mail to all persons shown on the last equalized assessment roll as ov. Ing real property within 300 feet of the property which is the subject of the proposed zoning change. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing Is a true and correct copy of an order Mend on the minutes of said Board of Supervisors on the date aforesaid. cc: List of Names Provided Witness my hand and the Seal of the Board of by Planning Supervisors Director of Planning affixed this8th day of February 19 77 J. R. OLSSON, Clerk � ^ Deputy Clerk o bie ierrez H-24;/76 15m 00395 l i CONTRA COSTA COUNTY RECEIVED PLANNING DEPARTMENT �,r•J 0 ;^:j7 CLERK BOARD OF SU?ERVISO.RS By A CO. TO: Board of Supervisors DATE: 26 January I Attn: Clerk of the Board FROM: Anthony A. Deho SUBJECT: REZONING: Commission Initiation Director of Plannin (2064-RZ), 1.7 Acres, R-20 to 0-1 - In the Orinda Area. (S.D. 111) Attached is Planning Cission Resolution No. 22-1977, adopted by the Planning Commission on Tuesday, January 25, 977, by unanimous vote. This Commission Initiated Study was reviewed by the Planning Commission on Tuesday, January 11, 1977, and was approved for change from R-20 to 0-1 by unanimous vote (one vacancy). The property is described as fronting 440-ft., on the west side of Camino Encinos, approximately 400-ft., north of the intersection of Underhill Road and Camino Encinas, in the Orindo Area. The following people should be notified of your Board's hearing dote and time: - Robert & Marie Muse 1332 Singingwood Court#1 Walnut Creek, California 94595 Newman $ Joann Buckley Post Office Box 411 Orinda, California 94563 - Orindo Association P. O. Box 97 Orinda, California 94563 AAD/v Attachments: Resolution, Findings Map, Area Map, Staff Report, Neg.EIR, Minutes cc: File 2064-RZ Robert & Marie Muse Supervisors, District: I, 11, 111, IV, V. .00397 RESOLUTION NO. 22-1977 RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA_, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON PLANNING COMMISSION INITIATED STUDY (2064-RZ), IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE ORINDA AREA OF SAID COUNTY. WHEREAS, at a regular meeting of the Contra Costa County Planning Commission on Tuesday, May 18, 1976, the Planning Commission after having been duly briefed by the Director of Planning, instructed the Planning Staff to initiate studies and rezoning hear- ings for possible changes in the existing zoning in the Orinda area so that the zoning would conform with the general plan for the Orinda area; and WHEREAS, a Negative Declaration of Environmental Significance was posted on this matter on July 27, 1976; and WHEREAS, after notice was lawfully given, public hearings were held on this Study on September 14, 1976, October 26, 1976 and January 11, 1977, whereat all persons interested therein might appear and be heard; and WHEREAS, at the Public Hearing of January 11, 1977, the Planning Commission did review, consider and evaluate all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, that their initiated study (2064- RZ), to rezone 1.7 acres from Single Family Residential District-20 (R-20) to Limited Office District (0-1), be APPROVED, as indicated on the findings map entitled: A PORTION OF THE DISTRICTS MAP FOR THE SOUTHEAST ORINDA AREA, CONTRA COSTA COUNTY, CALIFORNIA, INSERT MAP NO. 14, which is attached hereto and made a part hereof; and BE IT FURTHER RESOLVED that the reason for this recommendation is as follows: (1) Rezoning from R-20 to Limited Office District (0-1) would implement the general plan and is consistent with the existing use. BE IT FURTHER RESOLVED that the Chairman and Secretary of this Planning Commiss- ion shall respectively sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors all in accordance with the Planning Laws of the 00398 Resolution No. 22-1977 State of Califomia. The instruction by the Planning Commission to prepare this resolution was given by - motion of the Planning Commission on Tuesday, January 11, 1977, by the following vote: AYES: Commissioners - Anderson, Young, Stoddard, Compaglia, Walton, Milano (one vacancy) NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. I, William L. Milano, Chairman of the Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Tuesday, January 25, 1977, and that this resolution was duly and regularly passed and adopted by the following vote of the Commission: AYES: Commissioners -Young, Stoddard, Phillips, Compaglia, Anderson, Walton, Milano. NOES: Commissioners -None. ABSENT: Commissioners -None. ABSTAIN: Commissioners -None. Chairman of the Wanning Commission of the County of Contra Costa, State of California ATTEST: RECTn LINED S "taryl o P gnning ommissiorr'of the County of Contra Costo, State of California J. H. n..C.j CLM E?AM o.=�. uIrr.:1-1a; -2 00399 i CONTRA COSTA COUNTY PLANNING DEPARTMENT NOTICE OF Completion of Environmental Impact Report XX Negative Declaration of Environmental Significance Lead Agency Other Responsible Agency Contra Costa County c/o Planning Department P.O. Box 951 Martinez, California 94553 Phone (415)X883 =- 372-2024 Phone EIR Contact Person Margaret Coulter • Contact Person PROJECT DESCRIPTION: PLANNING COMMISSION INITIATED STUDY: County File $2064-RZ: To consider whether approx. 1.68 acres should be rezoned from Single Family Residential District (R-20) to Limited Office District (0-1). Subject property fronts on the west side of Camino Eneinas immediately south of Camino Pablo/Camino Encinas intersection, in the Orinda.area The project will not have a significant effect on the environment because this property, in two parcels,has a doctors office and single family residence. Rezoningto 0-1 will not have a significant environmental impact. It is determined from initial study by Margaret Coulter of the XX Planning Department that this project does not have a significant effect on the environment. I Justification for negative declaration is attached. The Environmental Impact Report is available for review at the below address: Contra Costa County Planning Department 4th Floor, North King, Administration Bldg. Pine 8 Escobar Streets �j -7 Martinez, California Dae Post l LI OG Final date for review/appeal Planning Departmnt Representative • 00400 .ADO 1,7A . J r r own Y ti ! j F A 2064-RZ NOW PI:AtINING`-OOM4ISSIOi�I INITIATEA �" r�,,,�' _ (R-20 to 0-1) to xa } P n I 10 WIRS on }J'X Suwon A } h: M ... .- wMan loon; {t January. 1 1977 00401 I. PLANNING COMISSION INITIATED STUDY.- County File 2064-RZ: To coq;ider whether 1.68 acres (approximate) should be rezoned from Single Family Residential District R-20 to Limited Office District 0-1. Subject property fronts on thevest side of Camino Encinas immediately south of the Camino Pablo/Camino Encinas intersection, in the Orinda area. II. GENERAL INFORMATION A. PRESENT ZONING: R-20 Single Family Residential (Low Density) B. PROPOSED ZONING: 0-1 Limited Office C— GENERAL PLAN DESIGNATION: Business and Professional D. PRESENT LAND USE: Doctor's Office and single family residence E. PROPOSED LAND USE: No proposed change at this time F. SURROUNDING LAND USE: To the north is an undeveloped heavily vegetated parcel, Camino Pablo, and the Orinda downtown; to the south are single family residences; to the east are .P.G.$ E. overhead transmission lines; and to the west is a heavily vegetated parcel with a parking lot. G. E.I.R. STATUS: Negative Declaration posted July 27, 1976. III. DISCUSSION Rezoning from Single Family Residential R-20 to Limited Office 0-1 would implement the General Plan, and is consistent with existing use. IV. STAFF REMMMENDATION Adopt a motion recommending that the Board of Supervisors rezone the land in 2064 from Single Family Residential R-20 to Limited Office 071: MgC:dh 7/25/76 —_ --- 00412 R-20 r r 4� ICU ;OU T Rezone .,. , ��3,i From M 400' +\l{., , Chairman of the Contra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of l! t+'f(;i 1(.1\1 t1= i tl r f TMAP Fr,-. Tldr =lel%F3 1`;�-- r101N1"ul E /1 %4, (`,)c"-1 T V i7A/tit,i;fy13f1 l,a;,;Ci NIAi Nn. PQ indicating thereon the decision of the Contra Costa County Planning Commission in thematterof 1 Chairman of the Contr Costa County Ptanning Commission, State of Calif. AT7E i ec try of the antra Costo,�-ounty PlonniAQCommission, State,of Calif. Findings Map 00403 In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 77 In the Matter of Recommendation of the Planning Commission (2024-RZ) to Rezone Land in the Orinda Area. The Director of Planning having notified this Board that the Planning Commission recommends the rezoning of .57 acre fronting 85 feet on the north side of Davis Drive east of Bryant Way, Orinda area, from Single Family Residential District (R-20) to Limited Office District (0-1) ; IT IS BY THE BOARD ORDERED that a hearing be held on Tuesday, March 8, 1977 at 11:10 a.m. in the Board Chambers, Room 107, 'Administration Building, Pine and Escobar Streets, Martinez, California. IT IS FURTHER ORDERED that pursuant to code require- ments the Clerk publish notice of same in THE ORINDA SUN and give notice by mail to all persons shown on the last equalized _ assessment roll as owning real property within 300 feet of the property which is the subject of the proposed zoning change. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness"my hand and the Seal of the Board of cc: List of Names Provided Supervisors by Planning Director of Planning affixed this 8th day of February , Iq 77 J. R. OLSSON, Clerk By Deputy Clerk obbi utierr I9 H-24 3/7615m 00404 tRECEIVED CONTRA COSTA COUNTY PLANNING DEPARTMENT J. R O"w0:' CLEW BOAgD OF 5U?FR.11S0 . T A CO. TO: Board of Supervisors DATE: 21 January 1977 Attn: Clerk of Board FROM: Anthony A. Dehaes SUBJECT: Rezoning (2024-RZ), Commission Director of Plannin Initiated Study - R-20 to 0-1 - Orinda Area. (S.D. 111) Attached is Planning Comm ssion Resolution No. 18-1977, adopted by the Commission on Tuesday, 18 January 1977, by unanimous vote. This study was reviewed by the Planning Commission at public hearing on Tuesday, 11 January 1977, and was approved for change from Single Family Residential District (R-20) to Limited Office District (0-1), by unanimous vote. Subject property is described as being .57 acre fronting 85-ft., an the north side of Davis Drive, east of Bryant Way in the Orindo Area. The following people should be notified of your Board's hearing date and time: Warren Pero, et al 26 Schooner Hill Oakland, California Orinda Association P.O. Box 97 Orinda, Calif. 94563 AAD/v Attachments: Resolution, Findings Map, Area Map, Staff Report, Neg.EIR, Minutes. cc: File 2024-RZ Supervisors, District: 1, 11, 111, 1 V, V. 00405 i RESOLUTION NO. 18-1977 RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON PLANNING COMMISSION INITIATED STUDY (2024-RZ), IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE ORINDA AREA OF SAID COUNTY. WHEREAS, at a regular meeting of the Contra Costa County Planning Commission on Tuesday, May 18, 1976, the Planning Commission, after having been duly briefed by the Director of Planning, instructed the Planning Staff to initiate studies and rezoning hear- ings for possible changes in the existing zoning in the Orinda Area so that the zoning would conform with the adopted general plan for the Orindo Area; and WHEREAS, after notice was lawfully given, public hearings were held on this study on Septer..ber 14, 1976, October 26, 1976 and January 11, 1977, whereat all persons inter- ested therein could appear and be heard; and WHEREAS, a Negative Declaration of Environmental Significance was posted on this matter on .iuly 27, 1976; and , WHEREAS, at tt.e Public Hearing of January 11, 1977, the Planning Commission did review, consider and evaluate all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, that their initiated study (2024-RZ) be APPROVED as to a change from Single Family Residential District (R-20) to Limited Office District (0-1), as is indicated on the findings map entitled: A PORTION OF THE DISTRICTS MAP FOR THE SOUTHEAST ORINDA AREA, CONTRA COSTA COUNTY, CALIF- ORNIA, INSERT MAP NO. 14, which is attached hereto and made a part hereof; and BE 1T FURTHER RESOLVED that the reason for this recommendation is as follows: (1) The change in zoning from R-20 to 0-1 implements the general plan and is consistent with existing uses in the area. BE IT FURTHER RESOLVED that the Chairman and Secretary of this Planning Commiss- ion shall respectively sign and attest the certified copy of this resolution and deliver the some to the Board of Supervisors all in accordance_with the Planning Laws of the State of California. 00406 Resolution No. 18-1977 The instruction by the Planning Commission to prepare this resolution was given by motion of the Planning Commission on Tuesday, January II, 1977, by the following vote: AYES: Commissioners - Anderson, Walton, Compaglia, Stoddard, Young, Milano (One vocancy), NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. 1, William L. Milano, Chairman of the Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Tuesday, January 18, 1977, and that this resolution was duly and regularly passed and adopted by the following vote of the Commission: AYES: Commissioners - Anderson, Compaglio, Young, Stoddard, Walton, Milano (one vacant seat). NOES: Commissioners - Norm. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. J� Chairman of the Plo6ning Commission of the County of Contra Costa, State of California ATTEST: ecreta o the Planning Commission of the RECEIVED of C ontra Costa, State' of California r J. a oxzczi aeec MAA of u--ZJ*0-G t gortiil. C'--' Co. 0040'7 -2- r w 'J-1 All" to J i 2 p� 5 024 FZ 3 f J E T i i fi+ i3 PLAIIIIII�DG Oo4assION INITIATED" (R-20 to 0-1) m` �jY 3 X .,p! 3E � � K nQ— Qk SAW n _ v s x v gy i x F PollKv QQ%= nQ - 0040(7 January II, D77 I. PLANNING COM-1ISSION INITIATED STUDY - County File 2024-RZ: To confider whether .57 acres (approximate) should be rezoned from Single Family Residential District R-20 to Limited Office 0-1. Subject property fronts on the north side of Davis Drive east of Bryant Way, in the Orinda area. II. GENERAL INFORMATION A. PRESENT ZONING: R-20 Single Family Residential (Lore Density)- B. PROPOSED ZONING: 0-1 Limited Office C. GENERAL PLAN DESIGNATION: Business and Professional D. PRESENT LAND USE: Office Building E. PROPOSED LAND USE: No proposed change at this time F. SURROUNDING LAND USE: To the north is a single family residence;- to the south is an undeveloped hillside with heavy vegetation; to the east is a single family residence; and to the west is Bryant Way and State Freeway 24, G. E.I.R. STATUS: Negative Declaration posted July 27, 1976. DISCUSSION- Rezoning ISCUSSION Rezoning from Single Family Residential R-20 to Limited Office 0-1 would. implement the General Plan, and is consistent with existing use. IV. STAFF RECOMMENDATION Adopt a resolution recommending that the Board of Supervisors rezone the land in 2024-RZ from Single Family Residential R-20 to Limited Office 0-1. M&C:dh 7/25/7G 00409 CONTRA COSTA COUNTY PLANNING DEPARTMENT NOTICE OF � lCompletion of Environmental Impact Report XX Negative Declaration of Environmental Significance Lead Agency. Other Responsible Agency ~Contra Costa County c/o Planning Department P.O. Box 951 Martinez, California 94553 Phone (415) 372-2024 Phone EIR Contact Person Margaret Coulter Contact Person PROJECT DESCRIPTION: PLANNING COMMISSION INITIATED STUDY: County File#2024-RZ: To consider whether approx. .57 acre should be rezoned from Single Family Residential District (R-20) to Limited Office District (0-1). Subject property fronts on the north side of Davis Drive,east of.Bryant Way,in the Orinda area. The project will not have a significant effect on the environment because this parcel is already developed with an office building;rezoning reflects existing use. It is determined from initial study by Margaret Coulter of the XX71Planning Department that this project does not have a significant effect on the environment. Justification for negative declaration is attached. The Environmental Impact Report is available for review at the below address: Contra Costa County Planning Department 4th Floor, North Wing, Administration Bldg. Pine & Escobar Streets Martinez, California n,�, LePos d JULY 2� 197 Final date for review/appeal•�t?.:t lo<[91Q ,r 00410 Planning Departm t epresentative ! Q Rezone 'o k Fromk-?OTo 0-1 C7 r'at3t„ r + f 1.0 3 / 1"' =400' 1, _11YM._L.. MILANQ , Chairman of the Contra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of i\ f' j`jr-i,j Cij t i-IF niSiir i,; i,'1w l'+tip? 'iiir :,::ri=ll w'j r+''ir�ltla AA'r'1 1{'.(1!\r 11�.'l� (•h ).'1, t t 1 Irl#; , (''1/1r O�'i•iliL lr,tl.i 1^l 1�tth 1,I _ 14 indicating thereon the decision of the Contra Costa County Planning Commission in the matter of r A+:. t?.i r; '1 t r; i` !•"�i' /1`I i} i!�(i �j Chairman of the Contra Costa County IPlanning Commission, State of Calif. ATTE I ect ry of th 'Contra Costa. ounty 00411 Planning Com rssion, State of Calif. {=hidings Map , .. -..,. ,._...� ._.., �._..,._.. .., .1 vim... In the Board of Supervisors of Contra Costa County, State of California February 8 . 19 77 In the Matter of Recommendation of the Planning Commission (2060-RZ) to Rezone Land in the Orinda Area. The Director of Planning having notified this Board that the Planning Commission recommends the rezoning of .61 acre fronting 256 feet on the south side of Davis Road approximately 257 feet west of the Davis Road/Northwood Drive intersection, Orinda area, from Single Family Residential District (R-20) to Limited Office District (0-1) ; IT IS BY THE BOARD ORDERED that a hearing be held on Tuesday, lurch 8, 1977 at 11:00 a.m. in the Board Chambers, Room 107, Administration Building, Pine and Escobar Streets, Martinez, California. IT IS FURTHER ORDERED that pursuant to code require- ments the Clerk publish notice of same in THE ORINDA SUN and give notice by mail to all persons shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed zoning change. PASSED by the Board on February 8, 1977. 1 hereby certify that the fomoing is a true and cored Dopy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. -- Witness my hand and the Seal of the Board of cc: List of Names Provided Supervisors by Planning affixed this 8th day of_ February , 19 77 Director of Planning J. R. OLSSON, Clerk By /. ; ; T.-.. Deputy Clerk obbie Gfflierrez H-24 3/7615m 00412 (fink`.►�tA',>,. RECEIVED 11 CONTRA COSTA COUNTY PLANNING DEPARTMENT J. C OLS^ 4 nER1C BOARD OF SU..-MISORS O TP' ACO. _JhPuN TO: Board of Supervisors DATE: 21 January 1977 Attn: Clerk of the Board FROM: Anthony A. Dehaes SUBJECT: REZONING: Commission Initiated Director of P l a n n i n Study (2060-RZ) - R-20 to 0-1 - Orinda Area. (S.D. III) Attached is Planning Commission ution No.20-1977, adopted by the Commission on Tuesday, 18 January 1977, by unanimous vote. This Commission Initiated Study was reviewed by the Planning Commission at public hearing on Tuesday, 11 January 1977, and was approved for change from R-20 to Limited Office Dis- trict (0-1) by unanimous vote. The subject property is described as being .61 acre, fronting 256-ft., on the south side of Davis Road, approximately 257-ft., west of the Davis Road/Northwood Drive intersection, in the Orinda Area. The following people should be notified of your Board's hearing date and time: John & Dorothy Gilbert The Orinda Association 10 Garron Court P. O. Box 97 Walnut Creek, Calif. 94596 Orinda, Calif. 94563 Mr. $ Mrs. Walter A. Junge 12 Northwood Drive Orinda, California 94563 Mr. Clarence E. Betz P. O. Box 278 Orinda, Calif. AAD/v Attachments: Resolution, Findings Map, Area Map, Staff Reports, Neg.EIR, Minutes. cc: File 2060-RZ John $ Dorothy Gilbert Supervisors, District: 1, 11, 111, IV, V. 00413 RESOLUTION NO. 20-1977 RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON PLANNING COMMISSION INITIATED STUDY (2060-RZ), IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE ORINDA AREA OF SAID COUNTY. WHEREAS, at a regular meeting of the Contra Costa County Planning Commission on Tuesday, May 18, 1976, the Planning Commission after having been duly briefed by the Director of Planning, instructed the Planning Staff to initiate studies and rezoning hearings for possible changes in the existing zoning in the Orrnda area so that the zon- ing would conform with the general plan for the Orindo area; and WHEREAS, a Negative Declaration of Environmental Significance was posted on this matter on July 27, 1976; and WHEREAS, after notice was lawfully given, public hearings were held on this Commission Initiated Study on September 14, 1976, October 26, 1976 and.January 11, 1977, whereat all persons interested therein might appear and be heard; and WHEREAS, at the public hearing of January 11, 1977, the Planning Commission did review, consider and evaluate all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, that their initiated study (2060- RZ), to rezone .61 acres from Single Family Residential District (R-20) to Limited Office District (0-1), be APPROVED, as is indicated on the findings map entitled: A POR- TION OF THE DISTRICTS MAP FOR THE SOUTHEAST ORINDA AREA, CONTRA COSTA COUNTY, CALIFORNIA, INSERT MAP NO. 14, which is attached hereto and made a part hereof; and BE IT FURTHER RESOLVED that the reason for this recommendation is as follows: (1) Rezoning of the subject property from R-20 to 0-1 would serve to implement the general plan. There may, however, be topographic constraints in developing this property for office use. BE IT FURTHER RESOLVED that the Chairman and Secretary of this Planning Commiss- ion shall respectively sign and attest the certified copy of this resolution and deliver the some to the Board of Supervisors all in accordance with the Planning Laws of the State 00414 Resolution No. 20-1977 California. The instruction by the Planning Commission to prepare this resolution was given by motion of the Planning Commission on Tueseay, January 11, 1977, by the following vote: AYES: Commissioners - Anderson, Walton, Compaglia, Young, Stoddard, Milano. (One vacancy) NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. 1, William L. Milano, Chairman of the Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Tuesday, January 16, 1977, and that this resolu- tion was duly and regularly passed and adopted by the following vote of the Commission: AYES: Commissioners - Anderson, Compogiia, Young, Stoddard, Walton, Milano (One vacancy). NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. Chairman of the Planning Commission of the County of Contra Costa, State of California ATTEST: 1 RECEIVED SecretarSy f�thePlqpning Commition of the County of Contra Costa, State of California a a Jy omc saa..a cr°.ura,t=X, r-�- 00415 S$ r S r J T r k �zN 7 z 2060-RZ PLANNING QOWaSSI0 N IN n. s. r (R-2o to.0-1) • ''' - ..f'o'e "�"}. 3 f s + s 1T 7 r d •! v J y � y.: y January 11; 1977 f OQ416 I. SUBJECT AND LOCATION PLANNING CO%WSSION INITIATED STUDY. County File 2060-RZ: To consider _ whether .6 acres (approximate) should be rezoned from Single Family Residential District R-20 to Limited Office 0-1. Subject property fronts on the south side of Davis Road west of"Northwood Drive in the Orinda area. II. GENERAL INFOUTATION A. Present Zoning: R-20 Single Family Residential (low density). B. Proposed Zoning: 0-1 Limited Office. C. General Plan Designation: Business and Professional. D. Present Land Use: Undeveloped hillside with heavy vegetation. E. Proposed Land Use: No.proposed change at this time. F. Surrounding Land Use: To the north is an office building; to the south and east are single family residences on large lots; to the west is an office building and gas station. G. E.I.R. Status: Negative Declaration posted 7/27/76. III. DISCUSSION Rezoning of the subject property from Single Family Residential R-20 to Limited Office 0-1 would serve to implement the General Plan. There may, however, be topographic constraints in developing this property for office use. IV. STAFF RECOSOMATION Adopt a resolution recommending that the Board of Supervisors rezone the land in 2060-RZ from Single Family Residential R-20 to Limited Office 0-1. D1gC:gg 7/27/76 00417 - CONTRA COSTA COUNTY PLANNING DEPARTMENT NOTICE OF Completion of Environmental Impact Report XX Negative Declaration of Environmental Significance Lead Agency Other Responsible Agency Contra Costa County c/o Planning Department P.O. Box 951 Martinez, California 94553 Phone (415)x. 372-2024 Phone EIR Contact Person Margaret Coulter Contact Person PROJECT DESCRIPTION: PLANNING COMMISSION INITIATED STUDY: County File #2060-RZ: To consider whether approx. .6 acre should be rezoned from Single Family Residential District(R- 20) to Limited Office District (0-1). Subject property fronts on the south side of Davis Road, west of Northwood Drive,in the Orinda area. The project will not have a significant effect on the environment because approval will not result in specific or foreseeable physical changes. Future development proposals will require additional environmental assessment and potential adverse affects, if any, can be accomodated more appropriately at that time. i r It is determined from initial study by M.Coulter of the (�Planning Department that this project does not have a significant effect on the environment. Justification for negative declaration is attached. The Environmental Impact Report is available for review at the below address: Contra Costa County Planning Department 4th Floor, North Kling, Administration Bldg. Pine b Escobar Streets � �` An Martinez, California Da Posted LILY 27 10 K, Final date for review/appeal AWS,-10 157to By Planning partm nt Representative AP9 1/74 00418 Rezone From&-ATG o ow t i 1t a R-B-S co H IV V$ 400' 1, WM. L. MILANO , Chairman of the Contra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct caPY of !`�.i^!.ZC} i:l11!' Ff}� '!fi °fi=itt i 1•;= �l(?j -ttl11 Iti:y"' \rf:\p r A cr;:rT.h rs;;�+=t ;' r =ta,It''':al.1 t;,lr.F._i MAP indicating thereon the decision of the Contra Costa County Planning Commission in the Maller of ('r'_;t=:sa if, ( r'=�+t;i i` '•it"'k' (,'t!T lr"•it j? Chairman of the antro Costa County ' Planning Commission, State of Calif. A fTfA T: Sof tory of the Contra Costa ounty lonning Commission, State of Calif. Findings Map 00419 In the Board of Supervisors of Contra Costa County, State of California February 8 , 19j 1n the Matter of Audmizing execuiticn of ageement with Gilbert Vasquez and Company for audit of Bead Start and Economic Opportunity Program accounts. IT IS BY 7HE BOARD ORDERM that its Oud mm is ALTS to execute an agreement with Olbert Vasquez and Cm pmy, Certified Public Accountants, for the audit of the Head Start activities for the c-3 year 1976, at a cost not to exoeed $2,400, and the Famadc Opportunity activities for the 18 months ended June 30, 1977, at a cost not to exceed $4,100. Passed by the Board on February 8, 1977. I hereby certify that the foregoing is a true and cored copy of an order entered on the minutes of sold Board of Supervisors on the date aforesaid. Witness my hand and the Sed of the Board of Orig: Auditor-Controller - affix -8th �, of February , 19 77 cc: E000acmc Opportunity 1 R. OLSSON, Clark P=rogram lb lector @ , County Administrator g . Do" Cleric Gilbert Vasquez and Max a M. etif4ld Coapany, c/o Auditor H 24 9M IOM 00420 • Contract for Auditing Services Contra Costa County Comninity Action Program Part 1 (of 2 Parts) AGREDM By this agreement entered into as of this � ., 19-77 between the Board of Supervisors of the County of Contra Costa, State at ornia, ereinafter referred to as the "Agency" and Gilbertyasyuez be COmpcMcertified public accoun- tants, of the City of San Jose , State at Calitornia,-FEreinafter referred to as the "Contractor", the parties mi y agree: la. The Contractor shall perform independent audits of the central administration and those programs operated by the County of Contra.Costa, as grantee, for the period January 1, 19 76 through June 30, 19 77 . Such audits are to be made for the egress purpose of satisfying tie Agency's obligation as grantee under Title II-of the Economic Opportunity Act of 1964 (amended) for O.E.O. projects. Separate reports are to be issued for the General Co mLnity Programming projects 05 and 05Y of each of the following agencies: Concerted Services, North Ricdmmnd Neighborhood House, Southside Comnnmi.ty Center, United Council of Spanish Speaking Organizations, and Carquinez Coalition. The Contractor agrees to familiarize hinself with the audit requirements specified by the CommYnity Services Administration Phnual 2410-1, January 1975, ACCOINPING SYSMS SURVEY AND AUDIT GUIDE FOR. CSA GRANTS, and to perform the audits in such a manner and fashion so as to satisfy the agency's obligation to the Federal office. lb. The Contractor shall perform independent audits of the central administration and those programs operated by the County of Contra Costa, as grantee, for the period January 1, 19 76 through December 31, 19 76. Such audits are to be made for the egress purpose of satisfying the Agency's obligation as grantee for H.E.W. Head Start projects. Separate reports are to be issued for the Head Start full year, part day, projects of each of the following agencies: Cad otic Charities, Rodeo Child Development Center, ' shrtinez School District, Mt. Diablo School District, First Baptist Church of Pittsburg, and North Richrrand Neighborhood House. The Contractor agrees to familiarize himself with the audit requirements specified by the D.H.E.W. AUDIT GUIDE HEAD START PROGRAM of September 1973, and to perform the audits in such a manner and fashion so as to satisfy the Agency's obligation to that Federal office. le. The audit reports issued by the Contractor shall include certain information regarding programs operated by delegate agencies during the period under examination. At a minimum, the reports will include a detailed listing of all allowed costs that were questioned by the Coi-,my Auditor and, if resolved, the resolution. The Contractor win periodically report to the Agency through the Auditor-Controller of the County of Contra Costa on the progress of the e-mminations, findings, and conclusions and will famish the Agency a final report in ei&t (8) copies for the Community Services Agency audit (la. above) and fourteen (14) copies of the H.E.W. audit (lb. above). Miaofilmai with board orM OU421 -2- 2a. The Contractor shall complete perfornnnce of the audit and issue the report required by la, above to the satisfaction of the Agency no later than tpceb,,. 31, i977. 2b. The Contractor shall complete perfornmce of the audit and issue the report required by lb. above to the satisfaction of the Agency no later than' April 30, 1977 3a, The Agency will pay the Contractor a sum calculated upon the number of hours actually expended by the Contractor's personnel in connection with the services. The hourly rates to be charged by the Contractor are as follows: Partners, Principals and tanagers $ 45.00 Supervisors 35.00 Senior Staff Accountants 25.00 Staff Assistants 19.60 Clerical and Secretarial 10.00 3b. The maximn fee paid to the Contractor under this agreement for the.audit required by la. above and for the inclusion of information regarding delegate agencies in the report shall be $ 4,100 3c. The maximum fee paid to the Contractor under this agreement for the audit required by lb. above and for the inclusion of information regarding delegate agencies in the report shall be $ 2,4Q0 4. It is understood that the Agency can withdraw from these contractual arrange- rrents by submitting written notification to the Contractor at any time, and reimbursing the Contractor for any work already performed, at the rates indicated above, not to exceed the maxiaan total amount specified in the preceding paragraph. 5. The examinations are to be made in accordance with generally accepted auditing standards, and accordingly will include such tests of the accounting records and such other auditing procedures as the Contractor considers necessary in the circumstances. 6. The Contractor shall be paid separately upon acceptance of each audit report by the Board of Supervisors of Contra Costa County. the Board, at its discretion, may make its acceptance contingent upon acceptance by the respective federal agencies. The Agency reserves the ri&t to recall the Contractor for any subsequent work required by the regional or national office of the Federal authority, to satisfy the Agency's obligation for independent audits. 7. This agreement is subject to and incorporates the attached Part II, 'Terms and Conditions Governing Contracts Beton Community Action Program Agency and Contractor for Professional or Technical Services to a Camoanity Action Program". 8. It is understood and agreed that the Contractor will act as an independent Contractor for the Agency, and as such is responsible for any action or claim against the Agency as a result of acts or omissions of the Contractor. The Contractor will furnish proof of insurance coverage as follo:Ys: public liability to the extent of $100,000 each person, $300,000 each accident, and property da—mage to the extent of $25,000 each accident. 00422 -3- IN' IMNESS W EPMF, the Agency and the Contractor have executed an Agreement as of the date first above written. ; Gilbert Vasquez & Company Contra Costa County Contractor Agency N. Boggess Posi Partner Chaixman o Boar ors Attest:osztion:I ,u � / Secretary c-- T ,laxir Cyt.Ne+atgta Dewy Clerk F .. APPROVED AS TO FORM QOM B. CLAl1SBrT County Cotmsel By: -y s 43- Date:- 00423 _Date: 00423 PART II (of 2 parts) Terms and ConX tions Governing Coni.—acts for Professional or Technicai Errvices to a Community Action Program In ad%ition to any condi;ioas specified in Part 1, this Contract is subject to all of the conditions listed below. Waiver of any of these- conditions must be upon the express written approval of an authorized representative of the Office of Economic Opportunity, and such 'waiver seals Lft uveae a part of ;his Contract. " 1. Temination of Contract If, through any cause, ''rhe Contractor shall fail to fulfill :n time:y and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, or if the grant from OEO under which this Contract is made is ter'aihated by OEO, or, if the Agency herein - Is the delenate agency of an 02O grantee, and the contract by which iris Contract is rode is terminated by OEO, or, If the Agency herein is the Delegate Age-icy of an OEO grantee, and the contract by which such delegation is made is terminated the Agency shall thereupon 'nave the right to terminate this Contract by diving written notice to the Contractor of such temination and specifying the effective date Thereof. If The Coniracior is Unable or unwillinq to comply with such additional conditions as may be lawfully imposed by OEO on the grant or contract under which the agency is performing the proyran to which these professions services are ;ring rendered,the Contractor shall have the right to ierminate the Contract by giving written notico to the Agency, signifying he evfactive date thereof. In the event of ternination all property and fiiished or unfinished documents, data, studios, and reports purchase! or prepared by the Contractor under this Contract shall, at the 3ption of tLs Agency, become its property and tha Contractor shall be entitled to compensation for any unreimbursea expanses i.ecessarily incurred in satisfzd dry performance of the Contract, rk;t :withstanding the aSove, the Contractor shall not be relieved-6c i ab i l it'; i o the agency for de.^q.3nges sesta i ped by the Aqcncy by v i r:•ua of any breach of the Contract by the Contractor, and the Agency may wlthho:d any reinburs=ent to the Contractor for the perpose of set- off untlI such time as the e.\nct amount of damages due the Agency from t*.e Contractor is agreed upon or otharewise determined. 2. C::a:les The Ane ty r*q, frc--t titx b time, re uest changes in the scope of the sar-.ices of the C;,niractor fio be c>erformed hereunder. Such ch=ages, :ncludinq any increa•.e or decrease In the arovat of the Contractor's compensation, winch are mutually agreed upon by and between the Agency and the Coni.-actor, must be incorporated in written arendments to this Contract 3. Travel Expenses If the Contractor is to be reimbursed for travel expenses, and (1) if the Contractor is a public agency, expenses charged for travel shall not exceed those allowable under the customary practice in fhe govern•-tent of which the agency is a pert; or (2) if the Contractor is a private agency, expenses charged for travel shall not exceed those :which would be allowed under the rules of the United States Government governing official travel by its ;nployees. 00424 0.n4 4. Publication and Publicitv The Contractor may publish results of its function and participation in the approved camunity action program without prior review by the _ Agency, provided that such publications acknowledge that the program is supported by funds granted by OEO pursuant to the provisions of the Ecc•ionic Opportunity Act of 1964, and that five copies of eacp such publication are furnished to OED plus copies to the Agency as ' the Agency may reasonably require. 5. Copyrights If the Contract results in a book or other copyrightable material the author is free to copyright the work, but the Office of Economic Opportunity reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, all copyrighted material and all material which can be copyrighted resulting from the Contract. 6. P3tents Any discovery or invention arising out of or developed in the course of work aided by this Contract shall be promptly and fully reported to the Agency and to the Director of OEO for determination as to who'.-her patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery, including rights under any patent issued thereon, shall be disposed of and ad;inistersd, in order to protect the public interest. 7. Lzito- Standards Al loborars and mechanics ermloyed by contractors or sub-contractos in the construction, alteration or repair, including painting and cta-arating of projects, buildings and works which are federally assisted en3er this Contract shall be oaid waSss at rates not less than those prevailing on similiar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as anended M U.S.C. 276-a-276a-5). 8. Covenant Acaainst Ccntinnant Fees Tha Contractor warrants that no person or sollinn aco-ncy or other organization has been employed or retained to solicit or secure this Contract upon an anranant or understanding for a commission, percentage, brokerage, or contin,snt fee. For breach or violation of this warrant, tha Aganc; shall Neve the right to ar4,ul this Contract wi:fiou liability or, ire its discretion, to deduct from the ccr..pensation, or otherwise recover, the full amurt of such c•:=ission, p3rc3nt3ge, brckaran: or contingent fee. 9. Discrimination in Enolovr*nt ProSibited The Contractor will not discriainat^ against any employee employed i r. tlo 5sr•fom2nce •if th i s crAntrrct, :r 3•a i nst any aa-i l i Gnt for empioyzwnt in'the serfamznce of this contract b---c?use of rsce, creed, ' colter, or national origin. The Contractorwill take affirmative action to ensure that applicants are employed, and that employees are treated ' during employment, without reqard to their race, creed, color, or national origin. This requirement shall apply to, but not be limited to the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination: rates of pay or other forms of compensation; and selection for training, inc!uding apprenticeship. In the event that the Contractor signs any contract which would be covered by Executive Order 10925 (March 6, 1961) or Executive Order 11114 (June 22, 1963), the,Contractor shall include the equal-employment opportunity clause specified in Section 301 of Executive Order 10925, as amended. 10. Discrimination Prohibited No person in the United States shall, on the ground of race, creed, . color or national origin, be excluded from participation in, be denied. the proceeds of, or be subject to discrimination in the performance of this Contract. The Contractor will comply with the regulations promulgated by the Director of OEO, which the approval of the President, pursuant to the Civil Rights Act of 1964 (45 C.F.R. Part 1010). 11. Political Activity Prohibited None of the funds, materials, property or services contributed by the Agency or the Contractor under this Contract shall be used in the performance of this Contract for any partisan political activity, or to further the election or defeat of any candidate for public office. 12. Religious Activity Prohibited There shall be no religious workship, instruction or proselytization as part of or in connection with the performance of this Contract. i3. Cosmp I i arse with Local Lasts The Contractor shall camp Iy with all applicable laws, ordInnnc s, and codes of the State and local governments. 14. Reports and Inspections The Contractor shall cake financial, program progress, and other reports as requested by the Agency or the Director of OEO, and—kill arrange for on-site inspections by mercy or OEO representatives at the request of either. 00426 C � In the Board of Supervisors of Contra Costa County, State of California February 8 _ 19 77 In the Matter of - Recommendation of the Planning Commission (2059-RZ) to Rezone Land in the Orinda Area. The Director of Planning having notified this Board that the Planning Commission recommends the rezoning of .18 acre fronting 118 feet on the west side of Northwood Drive, south of Northwood Court, Orinda area, from Retail Business District (R-B) and Sign Control Combining District (R-B-S) to Limited Office District (0-1) ; IT IS BY THE BOARD ORDERED that a hearing be held oa Tuesday, March 8, 1977 at 11:15 a.m. in the Board Chambers, Room 107, Administration Building, Pine and Escobar Streets, Martinez, California. IT IS FURTHER ORDERED that pursuant to code require- ments the Clerk publish notice of same in THE ORINDA SUN and give notice by mail to all persons shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed zoning change. PASSED by the Board on February 8, 1977. I hereby certify that the foregoing is a true and correct Dopy of on order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: List of Names Provided Waness my hand and the Seol of the Board of by Planning Supervisors Director of Planning fixed this8th day of February - 19 77 J. R. OLSSON, Clerk By Deputy Clerk bbie tierrez H-24 3/16 15m 00427 ivy RECEIVED CONTRA COSTA COUNTY PLANNING DEPARTMENT `�'iAj r. '% J. R. o'.='4 CMsa4zo OF sV;T:rn302i -TA co. TO: Board of Supervisors DATE: 21 January 1977 Attn: Clerk of Board FROM: Anthony A. Dehoes SUBJECT: REZONING: Commission Initiated Director of Plannin Study (2059-RZ) - R-B $ R-B-S to.0-1 - Orinda Area (S.D. 110. Attached is Planning Comlission Resolution No. 19-1977,adopted by the Commission on Tuesday, 18 January 1977, by unanimous vote. This Commission Initiated Study was reviewed by the Commission at public hearing on Tues- day, II January 1977, and was approved for change from R-B and R-B-S to Limited Office District (0-1), also by unanimous vote of the Commission. The subject property is described as being .18 acre and fronts 118-ft., on the west side of Northwood Drive, south of Northwood Court, in the Orinda area. The following people should be notified of your Board's hearing date and time: Mr. Paul Goodall Mr. Howard Riper 1 Northwood Drive 2055 Whitehall Place Orinda, Calif. 94563 Alameda,•California 94501 Mr. Walter A. Junge Orinda Association 12 Northwood Drive P. O. Box 97 - Orinda, Calif. 94563 Orinda, Calif. 94563 AAD/v Attachments: Resolution, Findings Map, Area Mop, Staff Reports, Neg. EIR, Minutes. cc: File 2059-RZ Mr. Paul Goodall Supervisors, District 1, 11, III, IV, V. 00,428 RESOLUTION NO . 19-1977 RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON PLANNING COMMISSION INITIATED STUDY (2059-RZ), IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE ORINDA AREA OF SAID COUNTY. WHEREAS, at a regular meeting of the Contra Costa County Planning Commission on Tuesday, May 18, 1976, the Planning Commission after having been duly briefed by the Director of Planning, instructed the Planning Staff to initiate studies and rezoning hearings for possible changes in the existing zoning in the Orindo area so that the zon- ing would conform with the general plan for the Orinda area; and WHEREAS, a Negative Declaration of Environmental Significance was posted on this matter on July 27, 1976; and WHEREAS, after notice was lawfully given, public hearings were held on this Commission Initiated Study on September 14, 1976, October 26, 1976 and January 11, 1977, whereat all persons interested therein could appear and be heard; and WHEREAS, at the public hearing of January 11, 1977, the Planning Commission did review, consider and evaluate all the testimony and evidence submitted in this matter, and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, that their initiated study (2059- RZ), to rezone .18 acre from Retail Business District (R-B) and Sign Control Combining District (R-B-S) to Limited Office District (0-1) be APPROVED, as is indicated on the findings map entitled: A PORTION OF THE DISTRICTS MAP FOR THE SOUTHEAST ORINDA AREA, CONTRA COSTA COUNTY, CALIFORNIA, INSERT MAP NO. 14, which is attached hereto and made a part hereof; and BE IT FURTHER RESOLVED that the reason for this recommendation is as follows: (1) Rezoning of the subject property from R-B and R-B-S to 0-1 is consistent with the existing use and access limitations and would serve to implement the general plan. BE IT FURTHER RESOLVED that the Chairman and Secretary of this Planning Commiss- ion shall respectively sign and attest the certified copy of this resolution and deliver the some to the Board of Supervisors all in accordance with the Planning Laws of the State 00429 Resolution No. 19-1977 California. The instruction by the Planning Commission to prepare this resolution was given by motion of the Planning Commission an Tuesday, January 11, 1977, by the following vote: AYES: Commissioners - Anderson, Young, Stoddard, Compaglia, Walton, Milano. (One Vacancy). NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. 1, William L. Milano, Chairman of the Planning Commission of the County of Contra Costa, State of Colifomia, hereby certify that the foregoing was duly called and held in accordance with the law on Tuesday, January 18, 1977, and that this reso- lution was duly and regularly passed and adopted by the following vote of the Commiss- ion: AYES: Commissioners - Anderson, Compoglia, Young, Stoddard, Walton, Milano (one vacancy). NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. t Chairman of the Waning Commission of the County of Contra Costa, State of California ATTEST: DECEIVED Secre 'ry f Planning Conmisl� of the Cour of Contra Casts, State of California �• a. a ro 1 h' a:.x eOAM, Or..ertCSY, CO. z- 00430 _____ .f. s 4 - 11 A. � Y � M� d 1 w x 4 �x Y Y k " Y ): .�'4t " ✓ � p d 71 i `9 S $ yYd �y� J - sT 7 .Y F r' t Y �'' l . '� "< i I. r } se° y 2059-�. i :. PLAi1�1IN6 COlWISSION INI?IATED a r t r (R-B-S to 0-1 ) ' i�l rw Y S �+.. , 11i , { ..k (..R .N i y 2' F I R ']' } �' F . 4 - ." Z k S x Y t F ' k �, 2T a z, :R U tr 3 t .11 r b y t .t r x is r ,,* *,-� c f r,x r g t i ks'z S '' y Tek.: `ti,ci � E h ✓t ,s Y 1 p , }, h 4 t 'YSys "� I j E,x F. a z 1. Y J i �, x b q a F , f F.r. k C 'H .ar $. s }.ap t rs .Y': ..'. .,,p `. s c' x'"*sip r ? F x , `� w t a% i dk �f t 3 L ' i^ ` xp N C X *,11 Iy# f M t M 4 — - . =R Janivary lI; 1977 00431 I. PLANNING C(DMISSION INITIATED STUDY - County File 2059-RZ: To consider whether .18 acres (approximate) should be rezoned from Retail Business .District and Sign Control Combining District R-B-S to Limited Office 0-1. Subject property fronts on the west side of Northwood Drive, south of :.Northwood Court,• in the Orinda area. II. GENERAL INFOMATION A.- PRESENT ZONING: R-B-S Retail Business and Sign Control Combining District B. , PROPOSED ZONING: 0-1 Limited Office C. GENERAL PLAN DESIGNATION: Business and Professional D. PRESENT LAND USE: Office Building E. PROPOSED LAND USE: No proposed change at this time F. SURROUNDING LAND USE: To the north and cast are single family . residences; to the south is a gas station; to the west is-a retail business building with mixed uses. G. E.I.R. STATUS: Negative Declaration posted July 27, 19.76. III•. DISCUSSION Rezoning of thesubject property from Retail Business and Sign Control Combining District R-B-S to Limited Office 0-1 is consistent with the existing use and access limitations and would serve to implement the General Plan. IV. STAFF RECOALHE NDATIOfN Adopt a resolution recommending that the Board of Supervisors-rezone the land in 2059-R7_ from Retail Business and Sign Control Combining District R-B-S to Limited Office 0-1. 7/23/76 00432 NOTICE OF Completion of Environmental Impact Report XX Negative Declaration of Environmental Significance Lead Agency Other Responsible Agency Contra Costa County c/o Planning Department P.O. Box 951 Martinez, California 94553 Phone (415) •372-2024 Phone EIR Contact Person Margaret Coulter Contact Person PROJECT DESCRIPTION: PLANNING COMMISSION INITIATED STUDY: County File #2059-RZ: To consider whether approx. .18 acre should be rezoned from Retail Business and Sign Control Combining District (R-B-S) to Limited Office District(0-1). Subject property fronts on the west side of Northwood Drive,south of Northwood Court,in the Orinda area. The project will not have a significant effect on the environment because the subject r property is already developed with an office building, rezoning to 0-1 will reflect existing use and the General Plan and will not have a significant environmental impact. r It is determined from initial study by M.Coulter of the I XX Planning Department that this project does not have a significant effect on the environment. Justification for negative declaration is attached. The Environmental Impact Report is available for review at the below address: Contra Costa County Planning Department 4th Floor, North Hing, Administration Bldg. Pine & Escobar Streets Martinez, California DaEePo t t.1 Y 21 19`I� Final date for review/appeal SII sr lo ISIG ByMcP��J. Planning Departme t epresentative AP91/74 00433 p T / ,o -20 K1�;IhK.0 f / Rezone /!_ _I k.! a , FromR-0 To 0-1 ' 14, co LO M-R- 1 400' ' 4 1, _MI. L. MILANO , Chairnan of the Contra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of 1�?,r i f�r+�j c, '• !3.C +'�' i".1 4: r'(-'fAtl7,1 /LYfA it e-7. 77 (771—ii F-v-,y ' !iiltr ��ti(irl: li•.1r:Fr?i tv(tip r4r. ill indicating thereon the decision of the Contra Costa County Planning Commission in the matter of /'I j1Rfi!/�f('• (fttf l!r "`.t-'+'•J :71fi fl•ifl� Chairman of the Cordia Costa County Planning Commission, State of Calif. ATTES cr tar of the Contra Costa C my Planning Commission, State of to if. Findings Map 00434 In the Board of Supervisor: of Contra Costa County, State of California February 8 . 19 77 In the Math of Appeal of Mr. Gerald A. Cohn from Action of the Board of Appeals on Application for Variance Permit No. 1124-76, Orinda Area. The Board on December 14, 1976 having continued to February 15, 1977 the hearing on the appeal of Mr. Gerald A. Cohn from action of the Board of Appeals on application for Variance Permit No. 1124-76 (Spencer Kendall and Walter Ruedrich, applicants and owners), Orinda area; and The Board on January 25, 1977 (pursuant to the request of Mr. Cohn) having declared its intent to continue the aforesaid hearing to February 22, 1977; and A February 4, 1977 letter having been received from Mr. Maurice E. Huguet, Jr., attorney for Mr. Kendall, advising that he would be out of town on February 22 and requesting that the hearing be further continued to the date of March 8, and the applicant and Mr. Frederick C. Kracke, attorney for Mr. Ruedrich, having been in agreement with the suggested continuance; and Good cause appearing therefor, this Board HERE$Y GIVES NOTICE OF ITS INTENTION to continue its hearing on the aforesaid appeal from February 15, 1977 at 11 a.m. to March 8, 1977 at 11:35 a.m. IT IS ORDERED THAT THE Clerk give notice of same by mailing a copy of this order to all interested persons. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and coned to"of an order entered on the minutes of said Board of Supervisors on the date aforesaid cc: Mr. G. A. Cohn Witness my hand and the Seal of the Board of ��� Mr. S. R. Kendall Mr. W. P. Ruedrich affixed this 8th day of February _ 19 77 Mr. M. E. Huguet, Jr. Mr. F. C. Kracke J. R. OLSSON. Clerk Orinda Association ^f *—& Director of Planning By tz:L Deputy Clerk Vera Nelson H-N 3/76 Ism 00435 In the Board of Supervisors of Contra Costa County, State of Califomia February 8 . 19 77 In the Matter of Appointment of Board Member Alternates to the Economic Opportunity Council of Contra Costa County. This Board on January 4, 1977 having appointed its five members to serve on the Economic Opportunity Council of Contra Costa County and, at that time, having also designated individual alter- nates to represent them on the Council for the remainder of the fiscal year 1976-1977; and Subsequently, Board members having received letters from Mr. Nick Rodriquez, President of the Economic Opportunity Council, advising that changes must be made in the designated alternates (to comply with residency requirements contained in the Community Services Act of 1974); NOW, THEREFORE, IT IS BY THE BOARD ORDERED that the follow- ing persons are APPOINTED as alternates for the supervisors indicated: SUPERVISOR ALTERNATE Supervisor J. P. Kenny Dr. Orlyn Wood, County Health Officer 513 Sea View Drive El Cerrito, California 94531 Phone 524-7989 Supervisor R. I. Schroder Mr. Robert Jornlin, County Welfare Director 41 Vallecitos Lane Walnut Creek, California 94596 Phone 937-5675 Supervisor W. N. Boggess Mr. Claude Van Master, Director, Human Resources Agency 4426 Winterberry Court Concord, California 94520 Phone 687-0355 PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing Is o true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: County Health Officer 1Nitness my hand and dw Seal of the Board of County Welfare Director Director, Human Resources affixed t},;,_Qth day of„Vpbruary 19 � Agency Economic Opportunity Council County Administrator J. R. OLSSON, Clerk Public Information Officergy i� ' J G �i cLc�,rLE , Do" Gerk Helen C. Marshall H-24 3176 ISm 00433 t c In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 � In the Matter of Report on Proposed Revisions to the General Assistance Program. The Board on February 1, 1977 having referred to its Finance Committee (Supervisors R. I. Schroder and J. P. Kenny) a proposed resolution setting forth revisions to the County General Assistance policy contained in Resolutions Nos. 75/383 and 76/2111; and The Committee having this day advised that the principle change is one which excludes from consideration SSI/SSP income of a spouse in considering eligibility of the General Assistance applicant, and having further advised that this change is required by the Writ of Mandate issued by the Circuit Court of Appeals on August 6, 1976; and The Committee having recommended that the Board adopt• the proposed resolution to be effective April 1, 1977, IT IS SO ORDERED. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing Is a true and corned copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid Witness my hand and the Seal of the Board of cc: Director, Human Resources Supervisors Agency affixed this_8th day of uAt,,.,jary - 1971- County 197ZCounty Welfare Director County Counsel J. R. OLSSON, Clerk County Auditor-Controller County Administrator By. ela, Do" Clerk NarVCraig,,/,;;" 0043*7 H-24 3/76 ISm - i IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA # In the Matter of Standards ) i for Administration of the ) RESOLUTION a0. 77/106 General Assistance Program. ) The Contra Costa County Board of Supervisors RESOLVES THAT: In accordance with California Welfare and Institutions Code Sections 17000 et seg., the Contra-Costa County Board of Supervisors, hereby adopts the following standards of aid and care for the indigent and dependent poor of the County, (General Assistance) effective April 1, 1977. These standards govern the General Assistance Program of Contra Costa County. I. Persons Eligible for General Assistance An applicant for or recipient of General Assistance must meet the following criteria: A. dust be at_least 18 years of age or, legally married. B. Must be a legal resident of Contra Costa County. C_ Must be without sufficient income or resources to meet current basic needs according to the following GA Standard: Size of GA Budget Unit Need Standard 1 $110 2 160 3 205 . 4 250 .5 295 Increase by $45 for each additional person_ D. Must not be in receipt of categorical cash assistance in the same month. E. Must meet the General Assistance eligibility standards outlined below. II. Eligibility Determination A. Employability I- The Social Service-Department shall make a written determination as to the employability of every applicant for or recipient of General Assistance. 2. An applicant or'recipient who is determined to be employable is subject to the following additional conditions of eligibility: RESOLUTION NO. 77/106 00438 a. Must be available for and actively seeking employment. b. Must not have failed to continue in employment without good cause within 60 days of application. c. Must actively participate in the program of the Vocational Services Division of the Social Service Department. d. Must actively participate in the program of the California Employment Development Department. e. Must accept any reasonable job offer. 3. An applicant or recipient who is determined to be unemployable (that is, mentally or physically disabled or determined to be vocationally unemployable) is subject to the following additional conditions of eligibility: a. Must cooperate in obtaining medical verification and confirmation of unemployability as directed by the Social Service Department. b. Must cooperate in the determination of eligibility for benefits from any State or Federal source. c. Must actively participate in any training, re-training, educationalor rehabilitation program as required by the Social Service Department. B. Property 1. Real Property a. Home: the applicant's own home in which he is.living is excluded in determining eligibility. b. Real Property other than the home renders the applicant ineligible to General Assistance unless the County Welfare . Director or his designee makes a written determination that said real property has no value or can in no way be utilized. 2. Personal Property a. One motor vehicle is exempted from eligibility determination if its value does not exceed $1500 without regard to encumbrances. b. Personal effects, tools of the applicant's trade, an Internment-space, crypt or niche for the applicant/recipient and up to $500 for a burial or funeral trust for the applicant/recipient is excluded in determining eligibility. c. All other personal property: the combined value of included liquid and non-liquid assets may not exceed $500 in order for the GA applicant or budget unit to be eligible. d. Liquid assets which include cash, bank accounts, credit union-shares, securities, stocks or bonds, or other negotiable instruments readily convertible to cash and i►�diately available must be utilized and will be treated. as income as well as personal property in determining need and eligibility RESOLUTIOU NO. 77/ 106 00439 . j t 3. Transfer of Property a. When property is transferred, whether by conversion to other property, conversion to cash, or expenditure of liquid assets, the purpose and intent of the transferor j must be evaluated. b. Transfers of property made to qualify .for aid or for a greater amount of aid, or to avoid utilization, result in ineligibility. c. The applicant/recipient who has transferred property which results in ineligibi'iity remains ineligible for the period during which the proceeds would have supported him at the rate of $200/month for 1 person plus $100/month for each additional person. C. Income 1: Net income as determined by the Social Service Department shall be credited towards the need standard in determining eligibility for General Assistance. 2. All income and available liquid assets are considered available to meet current needs. D. GA Budget Unit 1. The GA budget unit consists of the GA applicant and those house- hold members who are legally or financially responsible for him. Other household members who are legally or financially dependent on any member of that group will also be included. 2. The GA budget unit must meet the property and income limits as — a group in order for anyone to be eligible for GA. 3. If responsible persons receive categorical cash assistance, they are not included in the budget unit, and their property and income is excluded in determining eligibility of the GA applicant. 4. Where an individual makes himself ineligible to categorical aid or refuses to cooperate with the GA program requirements he renders himself and his spouse ineligible to General Assistance. III. General Assistance Payments A. Basic needs are budgeted subject to the following limitations: 1. The spouse or the child under 21 in the home who is excluded from AFDC is allowed the AFDC Maximum Aid Payment Differential as the full basic need. 2. All others are allowed amounts as specified in the Social Service Department Manual of Policies and Procedures for food, personal needs, and housing the total of which shall not exceed the GA need standard stated in Section I, C above. B. For persons determined eligible for GA, an allowance for special needs may be budgeted over the need standard on account of special diets, transportation, restaurant meals, employment or training expenses, or other needs not included in the basic needs when approved by the Social Service Director or his designee. C. The amount of assistance payment is determined by adding items of basic needs, subtracting net income as determined by the Social Service Department and, where eligible, adding items of special need. RESOLUTION NO. 77/106 0440 IV. Additional Conditions of Eligibility A. Review of Eligibility ! 1. A review of eligibility factors will be made at least once every 12 months. 2. Monthly redeterminations will be made by review of the Monthly Eligibility and Income Report required from all GA recipients- B. Exploration of Resource Potential 1. GA applicants/recipients must take all actions necessary to obtain any available resources. 2. Those applicants/recipients who are aged, blind, or disabled must apply for SSI/SSP and sign an agreement (SSP-14) authorizing the Social Security Administration to make the initial SSI/SSP payment to the County and authorizing the County to deduct from such payment the amount of General Assistance paid to •the recipient while SSI/SSP was pending. C. Responsibility for Support 1. A determination of support from all sources shall be made at the time GA is granted. 2. Responsible persons include the spouse and parents of minor children who have a legal responsibility to support, as well as any other persons who have assumed responsibility for the support of the applicant/recipient. 3. An applicant or recipient is not eligible unless such person has made reasonable efforts to obtain support from all sources including legally responsible relatives. 4. As a condition of eligibility for General Assistance, an applicant or recipient must provide available information as to the identity and whereabouts of persons who may or must assume responsibility for his support as well as information as to the source and amount•of support provided from any source during the past 12 months. 5. An applicant or recipient who lives with responsible persons is not eligible unless the entire budget unit meets the property limits and need standard for General Assistance. D. Consent to Verification 1. An applicant or recipient is required to consent to the Social Service Department's investigations and inquiries reasonably necessary to verify eligibility at any time. 2. An applicant or recipient must consent to reasonable inspection, review, monitoring and audit of his household and records by authorized representatives of the Social Service Department. V. Sanctions for Failure to Heet Responsibilities A. Failure of-the GA applicant/recipient to comply with the require- ments contained herein and in the Social Service Department Manual of Policies and Procedures promulgated for the administration of the General Assistance program shall constitute cause for the denial or discontinuance of aid to the applicant and his aided spouse. 00441 RESOLUTION NO. 77/106 - ss ! B. In addition, a 60-day period of ineligibility shall be imposed when an employable recipient fails to cooperate with the employment ' program established for him by the Vocational Services Division. f VI. Interim General Assistance Reimbursement Program A. County's Program t In accordance with P. L. 94-365 and 42 U.S.C. 1383 (g) and with the "Agreement for Reimbursement to State for Interim Assistance Payments Pursuant to Section 1631 (g) of the Social Security Act" between the U. S. Secretary of Health, Education and Welfare, and the State of California, as executed on February 11, 1975, which provides for reimbursement to the State, or certain counties thereof, for "interim assistance" paid to eligible applicants for SSI/SSP benefits while such application is pending, and pursuant to the "Contract for the Interim Assistance Program" between the State of California Department of Benefit Payments and the Contra Costa County Board of Supervisors, which permits the County to participate in the State's "Interim Assistance Program", the County hereby adopts and establishes a Contra Costa County Interim General Assistance Program, hereinafter referred to as the "Interim General Assistance Reimbursement Program". B. Interim General Assistance Under the County's Program, General Assistance paid to those persons who are subject to paragraph IV B 2 herein shall be considered "Interim General Assistance" where it is paid during the period beginning with the filing of an application for Federally-paid SSI/SSP benefits for which said person is ultimately determined eligible and ending with the first regular SSI/SSP payment made thereunder. C. Program Operation Subject to the recipient's right to a fair hearing, interim General Assistance shall be repaid to the County from the recipient's Federally-paid SSI/SSP benefits. VII. Additional Provisions A. Return to Residence Persons who are not residents of Contra Costa--County, but otherwise would be eligible for General Assistance on the basis of property and income, may be provided County funds by the Social Service Department in order to return such persons to their place of residence. In order to discourage a transient life style which is a drain on County taxpayers, persons who return to this County after being transported out of County are ineligible to further County funds for 60 days from date of departure. If the place of residence has a source of support which is still available, such persons are not eligible to any further County funds_ B. Emergency Assistance Notwithstanding the provisions defined above, the County Welfare Director, or his designee, may determine in writing that an applicant not otherwise eligible to General Assistance-or further General Assistance may be granted emergency assistance for not more than one month on account of emergency circumstances which are caused by fire, accident, illness, natural disaster, unemployment, crime against the applicant, agency delay or error, or causes which result in formal notice of eviction, or utility shut-off, or in lack of food and there are no other resources to meet the need. 00442 RESOLUTION NO. 77/106 VIII_ Social Service Department Manual A. Subject to the provisions contained herein the General .Assistance standards and policies of the Contra Costa County Board of Supervisors are expressed in the Social Service. Department Manual of Policies and Procedures. B. The County Welfare Director is empowered to adopt procedures and policies for the operation of the General Assistance program which are consistent with and within the scope of this resolution, and to publish same in the Social Service Department Manual of Policies and Procedures. IT IS BY THE BOARD FURTHER RESOLVED that this resolution hereby super- sedes Resolution Number 75/383 adopted on May 20, 1975 and Number 76/241 adopted on March 23, 1976. PASSED AND ADOPTED OK February 8, 1977 { t Orifi: Human Resources Agency County'Welfare Director County Counsel County Auditor County Administrator 00443 RESOLUTION 140. 77/106 In the Board of Supervisors of Contra Costa County, State of California February 8 19 77 In the Matter of . Approving Inspection Services Agreements for the George Miller, Jr. Memorial - West Therapeutic Swimming Pool, Richmond. (1003-108-7712-845). The Board of Supervisors APPROVES, and AUTHORIZES the Public Works Director to execute Inspection Services Agreements with Messrs. J. M. Nelson and Robert G. Grady for review of contract documents and construc- tion inspection for the George Miller, Jr. Manorial - West Therapeutic Swimming Pool, 2801 Hilltop Drive, Richmond, said agreements effective February 8, 1977. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid Originator: P. W. Dept. Witness my hand and the Seal of the Board of (Bldgs & Grnds) Supervisors cc: Public Works Department affixed this_$tt day of FPhrrra ry . 19 jL, Agenda Clerk Building Projects J. R. OLSSON, Clerk County Audi tor-ControllerBy ��; .�/ Deputy Cleric J. Dye dean L.tw' s Inspectors 00444 H-2-13/76 15m WITHAM Special Engin:eri n -.ldminiat r ative Services Construction SupervisJon & Inr.nnct.ion --l. Special Conditions. These special conditions are incorporated below by reference: a) Public Azency: Contra Cost County b) Inspector's flame li Address:_ Robert G. Grady. 64 Collins Drive. Pleasant Hill California c) Effective Date: February 89 977 - d) Project's flame and Location: rge er, Jr. rhwrlauftsft Therapeutic Swiaming Pool, 2801 H111top DrIve, RUlmond, Budgef'rf-ne e) .Rate of Compensation.' S13.00 per hour -2. Signatures. These signatures attest the parties' a eement hereto. PUBLIC CY ConpM Costa Count I '0 Public orks Dfrd0rol, ROBERT G. GRADY 3. Parties. Effective on the above date, the above-named PubFieftency (owner and the above-named Inspector mutually agree and promise as rollows: - 4. General'0ualifications A Conditions. Public Agency hereby contracts with Inspector, as one specially trained, experienced, expert and com- petent to perform the special engineering and administrative services of a construction supervisor and inspector, including those associated .. . ...with the continuous construction supervision position commonly known as. .:.. Clerk-of-the-Works, in connection with the above construction project, :which services are necessarily incident to the services performed for - the• Public Agency by architects and engineers in the design and con- struction supervision of construction projects. This agreement does not preclude other employment of the Inspector if it does not interfere with the duties and hours of work required herein. 5. Term. The duration of this contract Is the duration of this construction project, but either party may terminate it by giving 30 days advance written notice to the other. 6. General Duties S Instructions. The Inspector's construction . supervision and inspection services include-the following general duties and instructions: - a. Status & Relationship with Public AF7ency and Architect. His Independent co:itr:rct relationship w1th the Public Agency parallels that which exists between the Public ACency and the Architect; but- he is sub- ordinate to the Architect, because the Architect is responsible for the design of the aro.'ect and for general super vi:;lon of its constr..stion pursuant to the PubltC Agency-Architect a;reer•znt. 00445 Form Approved by County ljunsel ;-77 M mfilrnad with board order c . b. Status & Relation hip with Contractor. He shall ar'-+tain a dignified but understanding re , onship with Ehe wdrkmen on the ,,.,b but he shall conduct business only through the contractor's job superintendent, and shall not give instructions directly to the Contractor's employee(s) or subcontractor(s); and he shall immediately advise the Architect of any case where the Public Agency representatives give instructions to the Contractor's employees. c. Public Agency-Contractor Coordination. He shall effectively maintain close coordination of the Contractor's work and the owner's requirements by fre- quent, regular conferences or other suitable means, especially where projects involve alterations or modifications of or additions to an existing function- ing facility, which must be maintained as an operating unit during conduct of construction work, and therefore require special alertness to job conditions which may affect such continuing operations. He'shall coordinate necessary interruptions of normal owner activities with the Public Agency and General Contractor beforehand. d. Familiarity with Contract. He shall become thoroughly familiar with all con- tract documents including specifications, drawings and addenda; and he shall supervise and check the adequacy and accuracy of required "as built" drawin-s prepared by the Contractor's employees (see also 7-a, below). e. Personal Presence & Observation. He shall be personally present whenever work is being performed even on overtime, night, holiday or weekend basis when so directed), and shall attend meetings called by the Public Agency, Contractor or Architect; and he shall make direct personal observations of work being performed by the General Contractor and subcontractor(s) for certification to Public Agency-Owner that such work is being performed in a skillful manner and in accordance with the requirements of the contract documents. f. Advice & Suggestions. He shall advise Public Agency on all construction mat- ters, such as suggesting change orders or reviewing construction schedules; he shall evaluate b.ggestions or modifications which have been made to accoR- modate on-the-job problems, and report them with recommendations to the Archi- tect; and he shall review and make recommendations to the Contractor on all pay estimates. g. Pre-Construction Review of Contract Documents. When so directed by the Public Agency, he shall perform in-depth review of the contract documents before construction begins, and make appropriate recommendations thereon to the Public Agency. 7. S;ccial Duties & Instructions. The Inspector's duties specially concerning the progress of the work include the following: a. General Records & Files. He shall maintain a file of, and be aware of the contents of, the local, State, Federal, NFBU, NEPA, etc., codes, regulations, directivra, requirements, etc., which are pertinent to this project, and are provided by the Public Agency; and he shall maintain a complete file of all drawings, specifications, contracts, change orders, directives, etc., which determine work to be done by the Contractor (see also 6-d, above). b. Diary and Reports. He shall maintain a bound daily diary, noting therein job problems, conferences and remarks; and he shall submit all reports deemed necessary by State ano Federal agencies, Architect and Public Agency, which shall be timely and in sufficient detail to satisfy the purpose of the report. 00446 -2- c. Material Records. L shall maintain records of materials and/or equipment delivered at the site, showing manufacturers' names, catalog, model serial number style, type, or other identifying information thereon and noting whether they are in strict compliance with the plans, shop drawings and/or specifications, or are approved by the Architect. He shall certify to Public Agency that all materials used in construction are as specified in contract documents; and, on completion and/or installation of each applicable item, he shall collect and assemble relevant information (including guarantees, certificates, maintenance manuals, operating instructions, keying schedules, catalog numbers, vendors addresses and telephone contacts, etc., of materials and/or equipment as required); and at the completion of the project, he shall deliver this information to the Architect for delivery to the Public Agency. 8. Pay for Services 8 Reimbursement for Expenses. a. Public Agency shall pay Inspector for these services at the above rate, for semi-monthly pay periods of the 1st through the 15th and 16th through the last day of the month. Payment will be made on the 10th of the month or the 25th of the month following the pay period if a demand billing is received by the County Public Works Department on the last County working day of the period. b. Mileage authorized by the Public Works Director or his deputy shall be re- imbursed at a rate to be mutually agreed upon from time to time reflecting actual and changing costs. 9. Insurance. Inspector shall, at no cost to Public Agency, obtain and maintain during the term hereof Comprehensive liability Insurance,' including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property including the loss of use thereof, arising out of each accident or occurrence. Inspector shall furnish evidence of such coverage, naming Public Agency, its officers and employees as additional insureds, and requiring 30 days' written notice of policy lapse or cancellation. 10. Enforcement and Interpretation of Contract. The Public Agency's agent for en- forcing and interpreting this Contract is the County's Public Works Director - or a deputy. 11. Adjustment of Compensation. The rate of compensation may be adjusted by mutual consent of the parties for good cause shown. _- 0044'7 -3- CUNITHAVY Special i":,t;in^erIn;:-Adminlztrative Service:; Con::truction :%upervision t: Inrn('!ctic.:1 1. Special Conditions. These up ecial conditions are incorporated below by reference: a) Public Agency: Contra Costa County b) Inspector's Name & Address: 4. M. Nelson. 1905 Pacheco Boulevard Martinez, California 94553 c) Effective Date: February 8, 1977 --- d) Project's Name and Location: George Miller, Jr. Memorial West Thera eutic Swimming Pool, 2801 Hilltop Drive, Richmond, Budget Line .em no. -108-1 e) Rate of Compensation: $13.85 per hour •2. Slynatures. These signatures attest the parties' agreement hereto. PUBLIC AG-. C to County P DE '0R By Public Works Dire • d` elson3. Parties. Effective on the above , above-named Public Agency (owner) and the above-named Inspector mutually agree and promise as follows: - 4. General Qualifications & Conditions. Public Agency hereby contracts with Inspector, as one specially trained, experienced, expert and com- petent to perform the special engineering and administrative services of a construction supervisor and inspector, including those associated with the continuous construction supervision position commonly known as Clerk-of-the-Works, in connection with the above construction project, which services are necessarily incident to the services performed for the. Public Agency by architects and engineers in the design and con- struction supervision of construction projects. This agreement does not preclude other employment of the Inspector if it does not interfere with the duties and hours of wore required herein. 5. Term. The duration of this contract is the duration of this construction project, but either par;,y may terminate it by giving 30 days advance written no:.'_ce to the other. 6. General Duties S Instructions. The Inspector's construction supervision and inspection services include the following general duties and instructions: a. Status G Relationship with Public A,-ency and Architect. His Independent cont-Zact relationship with the Public Agency parallels that which exists between the Public AZency and the Architect; but.he is sub- ordinate to the Architect, because the Architect is responsible for the design of the protect and for general supervision of its construction pursuant to the Public Agency-Architect agreement. 00448 Form Approved by County Counsel 1-77 Mivofilmd with board order •b. Status & Relations ip with Contractor. He shall m lain a dignified but understanding rely unship with the workmen on the ,yob but he shall conduct business only through the contractor's job superintendent, and shall not give instructions directly to the Contractor's employee(s) or subcontractor(s); and he shall immediately advise the Architect of any case where the Public Agency representatives give instructions to the Contractor's employees. c. Public Agency-Contractor Coordination. He shall effectively maintain close coordination of the Contractor's work and the owner's requirements by fre- quent, regular conferences or other suitable means, especially where projects involve alterations or modifications of or additions to an existing function- ing facility, which must be maintained as an operating unit during conduct of construction work, and therefore require special alertness to job conditions which may affect such continuing operations. He shall coordinate necessary interruptions of normal owner activities with the Public Agency and General Contractor beforehand. d. Familiarity with Contract. He shall become thoroughly familiar with all con- tract documents incl u�ding specifications, drawings and addenda; and he shall supervise and check the adequacy and accuracy of required "as built" drawin;s prepared by the Contractor's employees (see also 7-a, below). e. Personal Presence & observation. He shall be personally present whenever work is being performed even on overtime, night, holiday or weekend basis when so directed), and shalt attend meetings called by the Public Agency, Contractor or Architect; and he shall make direct personal observations of work being performed by the General Contractor and subcontractor(s) for certification to Public Agency-Owner that such work is being performed in a skillful manner and in accordance with the requirements of the contract documents. f. Advice & Suggestions. He shall advise Public Agency on all construction mat- ters, such as suggesting change orders or reviewing construction schedules; he shall evaluate suggestions or modifications which have been made to acco- modate on-the-job problems, and report them with recommendations to the Archi- tect; and he shall review and make recommendations to the Contractor on all pay estimates. g. Pre-Construction Review of Contract Documents. When so directed by the Public Agency, he shall perform in-depth review of the contract documents before construction begins, and make appropriate recommendations thereon to the Public Agency. 7. S;•ccial Duties & Instructions. The Inspector's duties specially concerning the progress of the work include the following: a. General Records & Files. He shall maintain a file of, and be aware of the contents of, the local, State, Federal, NFBU, NEPA, etc., codes, regulations, directives, requirements, etc., which are pertinent to this project, and are provided by the °ublic Agency; and he shall maintain a complete file of all drawings, specifications, contracts, change orders, directives, etc., which determine York to be done by the Contractor (see also 6-d, above). b. Diary and Reports. He shall maintain a bound daily diary, noting therein job problems, conferences and remarks; and he shall submit all reports deemed necessary by State and Federal agencies, Architect and Public Agency, which shall be timely and in sufficient detail to satisfy the purpose of the report. 00449 -2- r • t. Material Records. A.. shall maintain records of materials and/or equipment delivered at the site, showing manufacturers' names, catalog, model serial number style, type, or other identifying information thereon and noting whether they are in strict compliance with the plans, shop drawings and/or specifications, or are approved by the Architect. He shall certify to Public Agency that all materials used in construction are as specified in contract documents; and, on completion and/or installation of each applicable item, he shall collect and assemble relevant information (including guarantees, certificates, maintenance manuals, operating instructions, keying schedules, catalog numbers, vendors addresses and telephone contacts, etc., of materials and/or equipment as required); and at the completion of the project, he shall deliver this information to the Architect for delivery to the Public Agency. 8. Pay for Services & Reimbursement for Expenses. a. Public Agency shall pay Inspector for these services at the above rate, for semi-monthly pay periods of the 1st through the 15th and 16th through the last day of the month. Payment will be made on the 10th of the month or the 25th of the month following the pay period if a demand billing is received by the County Public Works Department on the last County working day of the period. b. Mileage authorized by the Public Works Director or his deputy shall be re- imbursed at a rate to be mutually agreed upon from time to time reflecting actual and changing costs. 9. Insurance. Inspector shall, at no cost to Public Agency, obtain and maintain during the term hereof Comprehensive Liability Insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages due to bodily injury, sickness or disease,.or death to any person, and damage to property including the loss of use thereof, arising out of each accident or occurrence. Inspector shall furnish evidence of such coverage, naming Public Agency, its officers and employees as additional insureds, and requiring 30 days' written notice of policy lapse or cancellation. 10. Enforcement and Interpretation of Contract. The Public Agency's agent for en- forcing and interpreting this Contract is the County's Public Works Director or a deputy. 11. Adjustment of Compensation. The rate of compensation may be adjusted by mutual consent of the parties for good cause shown. 00450 . -3- In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 77 In the Matter of Reappointment to the Board of Commissioners of the- Eastern Fire Protection District. On the recommendation of Supervisor Eric H. Hasseltine, IT IS BY THE BOARD ORDERED that Hr. Wilson N. Ackerman, Route 2, Boz 176, Brentwood, California 94513 is REAPPOINTED to the Board of Commissioners of the Eastern Fire Protection District for a four-year term ending December 31, 1980. PASSED by the Board on February 8, 1977. 1 hereby certify that the fonjoing is o true and cored copy of an order enNrtd on the minutes of sold Board of Supervisor on the daft aforesaid. Witness my hand and dw Sed of tht Board of cc: Hr. W. N. Ackerman S4pwVhom Eastern Fire Protection District affixed this 8thday of February , 19 77 County Auditor-Controller County Administrator ^ J. R. OLSSON, Cork Public Information Officer By Do" Clerk bit tierr 00451 H-24 3/76 um In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 77 In the Matter of Fire Service Mutual Aid AS E%-OFFICIO THE BOARD OF Agreement and Amendment DIRECTORS OF THE TASSAJARA within Certain Areas of FIRE PROTECTION DISTRICT Alameda and Contra Costa Counties The County Administrator having presented to the Board this day a Fire Service Mutual Aid Agreement (and amendment thereto) within certain areas of Alameda and Contra Costa Counties, effective February 2, 1977, under the terms of which the Board of Supervisors, as ex-officio Board of Directors of the Tassajara Fire Protection District, agrees to be a party to furnishing fire fighting assistance in accordance with provisions of said agree- ment with the Cities of Livermore and Pleasanton, and the Valley Community Services District, the Camp Parks Army Base, the Livermore Veterans Administration Hospital, the Livermore Lawrence Radiation Laboratory, and the San Ramon and Tassajara Fire Protection Districts of Contra Costa County; IT IS BY THE BOARD ORDERED that the aforesaid agreement amendment is APPROVED and its Chairman is AUTHORIZED to execute same. Passed by the Board on February 8, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Orig: Administrator Supervisors cc: Cities & Districts c/o Administrator wed thbc3th day of February , 19 77 Attn: J. Connery J. R. OLSSON, Clerk Deputy Clerk Maxine 14. N&ifeld H.24 3/7615m 00452 J . AMENDMENT OF AGREEMENT county nrncs l , FOR MUTUAL FIRE ASSISTANCE THIS MODIFICATION OF AGREEMENT made and entered into as of by and between the cooperating public agencies hereafter listed: WITNESSETH: WHEREAS, it is the intent of the parties signatory hereto to provide for the modification of that certain agreement made and entered into on November 20, 1962 and amended February 15, 1966 between cooperating agencies for mutual fire assistance; and WHEREAS, Paragraph 1 is not completely descriptive of the public agencies that are parties to said previous agreement. i WHEREAS, Paragraph 10 of said previous agreement specifically provides for the addition of new parties. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: 1. That the Tassa3ara Fire District of Contra Costa County, organized and operating under the Local Fire District Law, is hereby added as a party �1 to the aforesaid agreement for mutual fire assistance and its name shall be specifically included among those set forth on Page 1 of the said-previous agreement. 2. Paragraph 1 of the aforesaid agreement is hereby amended to read as follows: 'I. RECITAL OF FACTS. The above named public agencies, each acting through its duly appointed administrative officers, or its particular governing bodies, are geographically located in the eastern portion of Alameda County and the southern portion of Contra Costa County, California, and are more particularly described as follows: -1- Microfilmed Vuh r*ard order 'All of the Murray Township and Pleasanton Township and portions of Eden Township and Washington Township, which are normally afforded fire protection by one of the parties of this agreement; said territory lying wholly in Alameda County, California, and those areas within the boundaries of the Valley Community Service District, San Ramon Fire Protection District, and Tassajara Fire Protection District, lying in Contra Costa Counter, California. 3. Paragraph 4 of the aforesaid agreement, relating to "RESPONSE" is hereby amended to provide that the "Program for Pre-planned Systematic Response" referred to therein shall include in addition to eastern Alameda County, the southern portion of Contra Costa County included within the Tassajara Fire Protection District. IN WITNESS HEREOF, this agreement has been executed as of the day and year first above written by the duly authorized officers of said agencies. CITY F LIVERMORE: SANTA RITA REHABILITATION CENTER: MAYOR CI P VALLEY OMMINITY SER ICE DISTRICT: .` CAM p Bp THE REGENTS OZTHX NIV SITY F CALIFORNIA: y ? Business Manager 10-25-76 L TERANS ADMINI ON HOSPITAL: ENERGY RESEARCH b (YEVELOP. ADMINISTRATION: ALAM WARD .. SAN RAMON FIRE PROTECTION DISTRICT OF CONTRA COSTA COUNTY: 4 JAN 1977 ""•1�1,t COUN'.Y cnitsopwis i✓k4AG1 0� 27/9YQ TASSMARJC'-F PROTECTION DISTRICT OF APPRVM AST RM oulwv.cxouNTf%;—� tiv. N. ^ - G� 4TH C.SCHEIDIG,City Ramey Ch<iirrran, board ro Perviso —2— Jori!&CtUZ1,Cacnty cuml 00454 `T - � ' • January 4, 1977 Approved as to Form -EEL 1MAGE RICHARD J. MOORE, County Counsel BY Deputy THE BOARD OF SUPERVISORS OF THE COUNTY OF ALAMEDA,STATE OF CALIFOR.YIA On motion of Supervisor_ Bort - Seconded by Supervisor._... Raymond and approved by the following vote, Ayes: Supervisors Bort, Cooper, George. Raymond and Chairman Santana — Noes: Supervisors None . Excused or Absent: Supervisors None THE FOLLOWING RESOLUTION WAS ADOPTED: NUMBER 1 7 0 3 7-1 MODIFICATION 'OF 'AGREEMENT BE IT RESOLVED that the Chairman of this Board of Supervisors be and he is hereby authorized and directed to execute on behalf of the County of Alameda that certain Modification of Contract by and between the County of Alameda and TASSAJARA FIRE DISTRICT, Contract No. 3848, providing for mutual fire assistance, effective January 4, 1977. 8ratr TKIAT Tr;:FG.'.?•C:r.:3 tS A CO?- '17 O?- /•}tet-y rte::��.^:'.Ei;::i�•:l+v�??^_'3 a( smb UM. A. STRUnUM, Jr. 603 Main Street Pleasanton, California Victor 6-2893 City Attorney AGRMM FOR MUTUAL ARE ASSISTANCE THIS made and entered in Alameda County, California, this lA�G�G?J �I , 1962, by and between: CITY OF LIVERMORE, a general law City; QTY OF PLEASAriTON, a general lax City; CAM' PARKS ARMC BASE, a Federal Agency; VETERANS ADMINISTRATION HOSPITAL, Livermore; California, a Federal Agency; WARDEN'S DEFARTMWT ALAMEDA COUNTTTC;FIRF� SANTA RITA REHABILITATION CENTER, Sheriff's Office, Alameda County; It is understood that use of- prisoners £prisoners is subject to provisions of Penal Code 4017J. VALM COM4 WTY SERVICE DISTRICT, (San Ramon Village), a special District; THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (acting by and through Lawrence Radiation Laboratory, Livermore, California); and THE UNITED STATES ATOMIC ENERGY COt4fISSION It is understood that the U. S. Atomic Energy Commission may fulfill its obligations under this agreement through its operating contractor, the Lawrence Radiation Laboratory of the University of'California. Is.subject to the following terms and conditions; WITNESSETH 1. RECITAL OF FACTS. The above named public agencies are de- partments or divisions of a Federal, state, county or local govern- went body, each acting through its duly appointed administrative officers, or its particular legislative bodies. They are geographi- cally located in the eastern portion of Alameda County, California, and are more particularly described as follows; Microfilmed with bond ori 00455 All of Murray Township and Pleasanton Town- ship, and portions of Edea Township and Washington Township adjacent to said Murray and Pleasanton Townships, which are normally afforded fireprotection by one of the parties of this agreement; said territory lying vholly within Alameda County, California. It is to the mutual advantage and benefit of all said agencies that they cooperate to give each other supplemental fire protection and do therefore enter this agreement for that purpose. . 2. AUTHORITY. This agreement is entered pursuant to the authority granted said agencies by Title 42, United States Code, Section 1856; Section 13050 et seq, Health and Safety Code; Section 53,000 et seq of the Government Code; Section 55632 et seq of'the Government Code; Section 1505 of the Military and Veterans Code; AEC Manual, Chapter 0555; and Article IX, Section 9, of the Constitution. of the State of California. 3. MUTUAL ASSISTANCE. In the event any-fire cannot be met with the facilities of one of the parties hereto, the other contracting parties shall upon request furnish aid in fire protection (said term "fire protection" includes personal services and equipment for fire protection, the protection of life and property from fire, and fire fighting) upon either an actual or a standby basis. Said aid.shall consist of equipment and manpower as set forth below. Each party hereto reserves the right to determine the extent of assistance it will furnish including the right to refuse any assistance when in. its opinion its own fire protection needs ase such that equipment or personnel may not be safely released for service elsewhere. It is understood that said aid may be recalled at the sole discretion of the furnishing agency. 4. REMNSE. Attached hereto as Exhibit "A", is "Program for Preplanned Systematic Response" dated May 1961. Said program has been worked out and approved by the Fire Chiefs of the parties hereto. This program may be amended by mutual consent of all of the Fire Chiefs of the parties hereto. The Fire Chiefs shall meet regu- larly to incorporate new men and equipment, and to modify the pro- gram according to the changing circumstances in eastern. Alameda County. -2- �, 00457 5. CCIeENSATION. No party to this agreement shall be required to pay compensation to any other party for services rendered. The -mutual advantages and protection afforded by this agreement shall be adequate consideration. 6. LIABILITY. Each party covenants and agrees that no claim for compensation will be made by it against the.United States of America or any party hereto for any loss, damage, personal injury, or death occurring in consequence of fire protection assistance . rendered under this agreement, and all such rights or claims are expressly waived. Each agency assumes responsibility and liability for damage to their own fire apparatus and fire equipment. Each agency shall keep its own men covered as required by the Labor Code of the State of California for Workmen's Compensation claims. T. LOCAL DISASTER. This agreement shall cover "day to day mutual aid" only, and shall not affect the California Disaster and Civil Defense Diaster Mutual Aid Agreements, which may come into effect in the state of extreme emergency, duly proclaimed. 8. OFFICIAIS NOT TO BENEFIT. No member of or delegate to Congress or resident commissioner shall be admitted to any share or part of this agreement or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this agree- meat if made with a corporation for its general benefit. 9. AEKINISTRATION. The Fire Chief of the City of Livermore is hereby designated as Administrator of this agreement. Unless otherwise provided, notice under this agreement may be given.in writing to said administrator. 10. NEW PARTIES. New agencies, whether public or private, may- sign aysign this agreement and became a contracting party, upon consent of the Fire Chiefs of said agencies. 11. DURAZION. This agreement shall remain in full force and effect without renewing, except that any party may withdraw by giving thirty days written notice of its intent to do so to all of the then contracting parties. -3- 00458 • 4 Iti WITtiESS WHEREOF, this agreement hes been executed by the . duly authorized officers of said agencies. V CITY(�O/F�1LIVERMO`RE: `ice t Cut-a J� "Llk, O tI ✓ C OF v or CAMP PARM ARW BASE: H3Jor H. liassis Cctm=din; Officer t�VElERA19S- ABMIHISyT�RATION HOSPITAL:. t-neer WbRDEU S DEPM 24ENT VA COUl= FIRF/YB:fiZ= T ja� I Pike Chief - dl§AHTA RITA REHART ITATIOK CENTER: H. P. Gleason — Sheriff d J COF :1�5 t" C cr - EI7fS 017 THE UIIIVERSITY OF jCALIFORiiIA: APPROVED AS TO FORM: ki Yue President- ' ess ' of the,Univedty of[i� V'lHE UXJTED STATES At"04IC EW00EuY COt+H�[L OH P. M. Goodbrcad /� for Administration. SAN UNIVERSITY OF CALIFORNIA LAWRENCE RADIATION LABORATORY P.O.BOX 808 ' LIVERMORE.CALIFORNIA 91151 August 11, 1966 - Mr. Jack B. Baird, Chicf City of Livermore Fire Department 2365 First Street Livermore, California SUBJECT: Amendment to Twin Valley Agreement for Hutual Fire Assistance Dear Mr. Baird: Attached is the fully executed amendment of the agreement for mutual fire assistance for the Livermore and San Ramon Valley, which provides for the inclusion of the San Ramon Fire Protection District. We have made and retained adequate copies of this agreement for distribution to LEL, AEC and the University. It is assumed, as administrator of this agreement, you will mr:dw necessary distribution to all other parties. I wuld like to call to your attention that the Commission has signed this agreement, subject to the asterisked notation at the bottom, to the effect that the areas added (specifically the San Ramon Fire Protection District) are limited to areas normally afforded fire protection by that district. I an sure this notation vi.11 not be objected to by the other parties that have already signed, but it might.be well to call it to their attention. Very truly yours, ' R_ nsoft Bu4ness Services Manager RJP:is Attaclzment . .----? - - - . •f. . - -- _ _- - . i►.►� _ is•. Ir • o; - 00460. AMENDMENT OF AGREEMENT FOR MUTUAL FIRE ASSISTANCE - THIS MODIFICATION OF AGREEMENT made and entered into ~ as of February 15, 1966,.by and between the cooperating public - �: agencies hereafter listed: W I T N E S S E T H WHEREAS, it is the intent of the.parties signatory hereto to provide for the modification of that certain agreement made and entered into in Alameda County, California, on November 20, 1962, between cooperating agencies for mutual fire assistance; and WHEREAS,_ Paragraph 10 of said previous agreement specifi- . y cally provides for the addition of new parties. --t NOW, THEREFORE, BE IT AGREED AS-FOLLOWS: 1. That the San Ramon Fire District of.Contra'Costa. County,. organized and operating under the.Local Fire,District')haw*;. • '.--. .amt�.:. r is hereby added as a party to the aforesaid agreement for'�mutual-. - fire assistance-and its name shall be specifically.included among those set forth on Page 1 of the said previous agreement. 2. Paragraph 1 of the aforesaid agreement is hereby amended to. read as follows: . "1. RECITAL OF FACTS. ' The'above named public,.agencies s, are- departments or divisions of-Federal; State, County or-local. :.• • government bodies, each acting through its duly appointed admini-. - strative officers, or its particular legislative bodies. They are geographically located in the eastern portion of Alameda,County . 00461 `-•.M" ,N ...,+..k.4jjtCjr - and the southern portion of Contra Costa County, California, and are more particularly described-as follows: -� All of the Murray Township and Pleasanton Township and portions of Eden Township and Washington Township, which are normally afforded fire protection by one of the parties of this agreement; said territory lying wholly in Alameda County, California - and those areas within the boundaries of the Valley Community Service District and- San nd San Ramon Fire Protection District lying -. in Contra Costa County, California. "- •• .. 3. Paragraph 4 of the aforesaid agreement, relating to "RESPONSE" is hereby amerded to provide that the "Program for �.- Preplanned Systematic Response" .referred to therein shall ..., , _ .j . . .. •.orb• include in addition to eastern Alameda County, the southern portion of Contra Costa County included within the San Ramon Fire Protec- tion District. IN WITNESS HEREOF, this agreement-has been executed:.as :-. of the day and year-first above written by the duly authorized - . officers of said agencies. r QR CITY _)F LIVERr E: SANTA RITA REHABILITATION'CENTER:;' LA d CITY 0 PLEASANTOV VALLEY COMMUNITY SERVICE DISTRICT: '< v CAMEVPARKS ARMY BASE: • TIIE REGENTS OF THE AIURSITY ; •::. of ,CALIFORNIA '' - •-- M C:., ,:r,,•„?.:.•, .-?,�. ., iZ p Caarxlr, A IIasiaas btaaagc Lim VETEITNS ADMINI 'PION HOSPri'AL: Radi- t'h 'j";` THE )MI TED STATES ATOMIC ENE G CON ISSION ALAMEDA COUNTY FIRE WARDEN'S /►saiAdmi tda^ager�-' '- '=i•- DEPARTMENT for rlminis ratioty_. J SAN RAMON•FIRE PROTECTION DISTRICT OF_CO-NNTTRA COSTA COUNTY: • ''Upon understanding that areas added herein are , limited to areas normally afforded fire protection by one of the parties to this agreement." -2- 00462 ^�".. - ' '''4" i� '�"b `y��• i'. a1�.i4_,A rr �. _ " .�.w w,r�l�a.'+�'e+ i I'.. �+.1.._ .i�'r���.-L. Approved as to Form J.F.COAKLEY;District Attorney COPY By Deputy THE BOARD OF SUPERVISORS OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA On motion of Supervisor_ .Seconded by Supervisor and approved by the following vote, Ayes: Supervisors.._.. _ . --- Noes: Supervisors.._._._--_....._ Excused or Absent: Supervisors THE FOLLOWING RESOLUTION WAS ADOPTED: NUMBS 102226 WHEREAS, it has been requested of this Board to have the Santa Rita Rehabilitation Center and the Fire Warden's Department join other public agencies in an Agreement for Mutual Fire Assistance; and WHEREAS, pursuant to Penal Code 40179 this Board say require prisoners to engage in the prevention and suppression of forest, -'brush andrass fires upon land-within the.Coun .t g p ty of Alameda• or upon lands in adjacent counties where the suppression of fires Would adford fire protection to lands within the County; t:OW MI E-FORE BE IT RESOLVED that this Board orders such requirerent as provided in Penal Code 4017; provided that whenever-. any prisoner shall suffer injuries-or.death.while working• in_.the suppression or prevention of forest, brush or grass fire he shall be', considered to be an employee of the County for purposesof compensation.,. under the }provisions of the Labor Code regarding workmen's compensationt,:" and such work shall be performed-under the direct supervision of'a local, state or federal employee whose duties include fire prevention ....j and-suppression work; and provided further that a regularly employed member of an organized fire departrlent shall not be required to•directl--.-* supervise more than twenty such prisoners;- and ' BE IT FURTHER RESOLVED that the Sheriff is hereby authorized to sign the Afrcemnant for Mutual are Assistance on behalf of the Santa Rita Rehabilitation Center with the understanding of the other public agencies in said agreement that the prisoners can be used only insofar as authorized by Penal Code-4017; and., = '•� '=` RE IT FURTHER RESOLVED that the County Fire Warden is hereby authorized to sign the Arreement for Mutual Fire Assistance an behalf 1 CERTIFY THAT THE FORM.--t."-,- % RECT C^.FY OF A RESU:UTION:.Q;PIED[if . Of the Alar�da County Fire Warden's Department. THE eO"D OF SUFErRVI CPS AIWErX COUNTY.CAUForNP �I?y 2.0:1962.. ATTE. _�tCy�'Ir 0 _ .JACK 0 1902 G.t3LJ 19ff K 6 0(-OFFIC0 CLcr-A OF - ---•-• 'EPUTY .i go ...a r.+M+ ' v4`i�'�:. ..► '.r=-•t+:-' ..-.•.- +.y:it\...'"�.r.-".,t-s.,r�""L. J'•r'1✓17' '4 - ..-.. .•. i • C In the Board of Supervisors of Contra Costa County, State of California February 8 . 14 77 In the Matter of Request for Release of Funds Community Development Block Grant Program (Application/Grant No. 13-76-UC-06-0002) IT IS BY THE BOARD ORDERED that the chairman is AUTHORIZED to execute a certification to the Department of Housing and Urban Development that the County has complied with all applicable federal environmental review regulations and transmit a request for the release of funds for second year community development unspecified local option activity: Construction of Indoor Therapeutic Pool for the Handicapped in Richmond. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing b a true and correct copy of an order entered on the minutes of said Board of Supervisors an the date aforesaid. Original: Planning Department Wihwss my hand and the Seal of the Board of cc: County Administrator SupervhM County Auditor-Controller affixed this8th day of February 14 77 County Counsel Building Inspector Economic Opportunity J. R. OLSSON, Clerk Program Director By - DeputyDirector, Human Resources Clerk Max ne M. Neuf Ad Agency h'M - San Francisco, CA 00464 H-24 3/76 iso+ Contra Cosa Coup, CONTRA COSTA COUNTY ��C�=/V;z� y PLANNING DEPARTMENT � r9jr oiiiG ce OF J�ry��m:;�iSPIQt TO: Arthur G. Will DATE: January 31, 1977 or County Administrator FROM: Anthony A. Dehaesus SUBJECT: Request for Release of Funds- Director of Planni� Second Year Community Block Grant Activity N31 In our original application for Community Development Block Grant (CDBG) funds for fiscal year 1976-77, we included anI allocation of $60,000 for the construc- tion of a therapeutic swimming pool as part of a center for the handicapped. The Department of dousing and Urban Development (1IUD) determined that the activity was not eligible for funding under the CDBG program. Subsequently, the Housing and Community Development Act of 1974 was amended to specifically include handi- capped centers as eligible activities. ' To reinstate this activity the County is required to request release-of funds and provide certification that it has complied with federal environmental. regu- lations and assume this responsibility. Attached are the required certification form, cover letter, and activity list. Please schedule this item before the Board on February 9, 1977. AAD/ed RECEIVED FEB ,?, 11977 J. R cissom CLfRiC 8044 Or surERVIS02S COST CO. 0046 Microfilmed with EioaO or8er The Board of Supervisors Cbntra c °n'^"'' � James;R.Olson ,ifs(a County Administration Building County Clark and P.O.Box 911 '' tt _ Ex Offiicio Clerk of the Board Martinez.California 94553 C�U Mrs.Geraldine Rowell February 1, 1977 Chief Clerk .lures P.Kenny-Richmond (415)372-2371 1st District Alfred M.Dias-El Sobrante 2nd Distrix James E.Moriarty-1-3fayette 3rd District Warren N.BoSgess-Concord 4th District Edmund A.Lirss:haid-Pittsburg 5th District Mr. James H. Price, Area Director San Francisco Area Office U.S. Department of Housing & Urban Development One Embarcadero Center, Suite 1600 San Francisco, California 94111 Attention: Julian A. Fitzhugh, Program Manager - Area 6 Dear Mr. Price: Pursuant to the Rules and Regulations of the HUD Environmental Review Procedures for Community Development, we hereby request release of Second Year Community Development Block Grant (CDBG) funds for the following unspecified local option activity: Construction of Indoor Therapeutic Pool for the Handicapped in Richmond. This activity, which was included in the initial Appl.ication for Federal Assist- ance dated April 6, 1976, has undergone environmental review. On June 1, 1976 your office notified us that this activity was not eligible for funding under the COBG program. Subsequently, the Housing & Community Development Act of 1974 was amended to specifically include handicapped centers as eligible acti- vities. A summary of the project and its amount is attached as the Project and Activity List. We request that funds be released as soon as possible in order that this activity may proceed. The required statements of the County Counsel and County Clerk are included as part of the enclosed Certification form for your processing. It is our understanding that, once the appeal peuiod has lapsed, the environmental review process for this Second Program Year lvity will be completed. ,/Very t yours, Z7 -Warren Boggess, Chai Board of Supervisors WS:EA 00465 Encls-Certification Form Including Statements Project & Activity List Microfilmed with board order :rt ' 1 Fom Approved OMB No.63-S-75014 11tt DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM REQUEST FOR RELEASE OF FUNDS AND 1 CERTIFICATION (pursuant to Section iota)of Title I of the Housing and Commuaity Development Act of 1974) ENVIRONMENTAL 1. NAME OF APPLICANT Z. APPUCATION/GRANT NO. Contra Costa County, CA 13-76-UC-06-0002 & APPUCANT•S ADDRESS(wAae Svrr4 Ory,Stair and Zip CodrJ 4. DATE OF REGUMICERTIFI- CATION 651 Pine St., Martinez, CA 94553 February 9, 1977 S. REQUEST FOR RELEASE OF FUNDS. Release of approved grant funds for the following pioject is requested: ,,`�I l) 11•' i GRANTEE PROJECQ• MIOUNT Of Otho 7Aw AppHorntJ Construction of Indoor erapeutic $60,000 Po(A for the Handicap' in Richmond j r• 6. CERTIFICATION. With reference to said project it is hereby certified: ' That the applicant has at least five(S)days prior to submitting this request for release of funds and certification, published in a newspaper of general circulation in the community affected,a notice to the public(a copy of which is attached hereto)in accordance with 24 CFR S8.30(a); That the applicant has fully carried out it's responsibilities for environmental review,decision-making and action pertainicg to the project named in the above request for release of funds; That the level of environmental clearance carried out by applicant in connection with said project 0 did 0 did not require the preparation and dissemination of an environmental impact statement; t( That the dates upon which all statutory and regulatory time periods for review,comment,or other response or action k in regard to the aforesaid clearance commenced and expired as indicated below;that all such dates which are applicable to the aforesaid clearance are indicated below;and that with the expiration of each of the time periods indicated below, applicant is in compliance with the requirements of 24 CFR Part 58; Coaatinaa Expire Item MDl�7AYJYR MO/DAY/YR f� Notice of Fbm of No Sip ffi-ant Environmental fff.yf;: :✓ bnPact tg • Pubfintioa 4/30/76 . ........ Same: Commartpedod 4/30/76 5/21/76 Notice of Intent io Fie ELS: Pubbmtion �•:'•':fw':'• ......... .. Ihatt EIS: Comment period —- N/A MIA Sema 90day pcood(CEM N/A N A Final EIS: 30day period(CEQ) WA WA S•Day Notice to Public PabScuion 717477 vera: (speafy) Microfilmed with board order 0046 HUD 7015.15 That the undecsined chief executive officer of applicant is authorized to,and does,consent to assume the status of a respond federal official,under the National F.enironmental Policy Act of 1969,insofar u the provisions of said Act apply to the HUD responsibilities for environmental review,decisioa-malting and action assumed and Carried out by the applicant;that by so consenting,the undersigned chief executive officer of applicant assumes the responsibilities,where applicable,for the conduct of environmental reviews,decision-making,and action as to environmental issues,preparation and circulation of draft and final environmental impact statements,and assumption of lead agency sesponsibt'lities for prep- station of such statements an behalf of Federal agencies other than HUD when such Mens eons a it to such assumption; That the undersigned chief executive officer of applicant is authorized to consent,personally,and on behalf of the appli- cant,to accept the jurisdiction of the Federal courts,fa the em nt o Fuloresaid responsibilities;and that the undersigned does so consent,on behalf of applicant and of the off ' ry of the undersigned. Grp, Wt N. Boggess Chairman Board of S e ors 651 Pine Street, Martinez, CA 94553 Odie.77de and Addnu of C H-suttee O/r(eer of Applicant) f 7. AUTHENTICATION: Contra Costa �tlr, • S--T,being the chief executive officer olrenn y u d}t�y authorized to execute (Nome ofehie ezecud"ofd+teen name ofappUcantt'. r ) the foregoing Request for Release of Funds and Certification,and he did execute me saw; Jam R. Olsson Cle k and F.x-Of cin 'pYd) Clerk of the Board of)`Supervisors : . 651 Pine Street ( ,71dr.AddreuandAiml Martinez, CA 94553 olCert°:e.�rnmer(rmrde+�g ol/Ic�of appg�rl, 8. CERTIFICATE OF ATTORNEY: Contra Costa A. [1 Warren Boggess being the chief executive officer of has executed the fore- (Name ofekeif executive officer) Hama o app icaat -going Request for Rekaoe 61 runds and Certification and has Commted,u thenen stated,personally and on behaU of the applicant,In his official capacity as such chief executive officer only,and not otherwise. Further, the applicant and said chief executive officer are authorized and empowered by law to make the said Request for Release of Funds and Certification and the same was duly made by them in accordance with such authority acrd power. No claim of legal incapacity pursuant to 24 CFR 58S(b)has been node by this applicant. i B. e being the chief executive officer of _has executed the fore. (Name of chie fexecadve officer), name ofopplicans.' going Request tor!release of bunds and l;ertrtication and has consented,as merem stated,personally and on be- half of the applicant.in his official capacity as such chief executive officer only.and not otherwise.Further,the I applicant and said chkf executive officer are authorized and empowered by law to snake the said Request for Release of Funds and Certification and the same was duly made by them in accordance with such authority and power..This applicant made a claim of lack of legal capacity pursuant to 24 CFR 58S(b)and such claim was denied by HUD.There has been no final decision by a court of competent jurisdiction or legislation which has become effective since the denial of such claim which may affect the denial. C. O This applicant made a claim of lack of legal capacity pursuant to 24 CFR 58.5(b)prior to submitting its grant application.Such claim was denied by HUD on the basis of its assessment of applicable law.On the basis of that 1 deaiat(None o(e)uejexeeative office r)being the chief executive officer at(AMCojoppUcant)Sias executed the ' foregoing'Request for Release of Funds and Certification,has consented as theieta stated,p'e'rsonally and on be- half of the applicant,in his official capacity as chief executive officer only,and not otherwise,and has determined that such execution and Consent are authorized and empowered by law. Undersigned certifies only that the foregoing statement is factually correct and that there has been no final decision by a court of competent I jurisdiction or legislation which has become efTective�.,�which mayatTect nicer. wtmsrt: ccs• cos Jobe B. Clausen_ Counig mems 1 725 Court St., Martinez, CA 94553 (S Span.Me and Ad*cu of AttorRerf-Apptf—) WARNING—Section 1001 of Title la of the United States Code and Criminal Procedure sham apply to the foregoing certification.Title I providm among other tbings,tint wboaves knowingly and willfully makes or uses a document or writing containing coy fabs.fictitiotr.or fraudulent state- mant of entry.In any matter within the jurisdiction of any department at agency of that United States,Yin be rimed nag moa than S 10.000 or im- prisoned not more than rive rim or both. 00 _LAtI�J�jA^ HU07015.16 110-73) 1! US GDKMWW MNrI56 OFFICE: 1975.690.433/415 STATEIIE,\T OF COl NIN COUNSEL: STATEPI>:DcT OF COUN Y CLERK: ' The-Chief-Executive Officer so con- -I, James R. Olsson, County Clerk sents or. behalf of Contra Costa County of the County of Contra Costa, do and himself in his official capacity hereby certify that Warren N. Boggess, only; Contra Costa County and its Chairman of the Board of Supon.Lsors Chief Executive Officer are authorized and Chief Executive Officer, is duly and empowered by law to make the above authorized to execute this certifica- certification, and that the same was tion, and that he d4 eYbtMel same on duly made by Contra Costa County and February 8,=1977 its Chief Executive Officer in accord- ,•'• �� ante with such authority and power. Fitness my hand; nd Seal of the 8o4rd of Supervisors'4 fixed on FES 16119 7 EP1'ua' "�-R�, i-' 1977 1 ,84 it . IDM if X71 ww. John B. Clausen Date J es R. 0 s tin Date County Counsel County Clerk and Ex-Q ficio Clerk of the Board of Supervisors _2- 00459 CERTIFICATION CMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Contra Costa County, Fiscal Year 1976-1977 (1) A?PLICILYr: CQ\TRA COSTA COUNT! COUNTY ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94SS3. t2) APPLICANT'S RESPONSIBILITIES: Contra Costa County hereby certifies that it has fully carried out its responsibilities for environmental review, decisionmaking, and action pertaining to the projects and activities named in the attached Project and Activities List. (3) ENVIR02,41ENTAL CLEARANCES: The levels of all environmental clearance. for the projects and activites are enumerated iii the attached Project and Activities List. (4) ENVIRMN31ENTAL REVIEtt' PERIOD: The statutory or regulatory environmental period in keeping with the NEPA Rules and Regulations commenced on April 30, 1976 with the legal publication of the Notice of.Finding of No Significant Effect on the Environment, and will be completed on February 2, 1977 with the elapse of the five-day-period after oublica- tion of the ,Notice of Request for Release of Funds. (5) ASSUMPTIQK OF STATUS OF FEDERAL. OFFICIAL: The Chief Executive Officer of Contra Costa County is authorized to consent to assume the status of a responsible federal official, under NEPA, insofar as the provisions of NEPA apply to the HUD responsibilities for environmental revie•.i, decision-making, and action assumed and carried out by Contra Costa Coanty, and that the Chief Executive Officer so consents: by so con- senting, the Chief Executive Officer of Contra Costa County assumes the responsibilities, where applicable, for the conduct of environmental reviews, decision-making, and action as to environmental issues; prepara- tion and circulation of draft and final EIS's; and assumption of lead agency and responsibilities for preparation of such statements on behalf of federal agencies other than HUD when such agencies consent to such assumption. (6) EIIFORCEME.\T OF RESPONSIBILITIES: The Chief Executive Officer of Contra Costa County is authorized to consent, personally and on behalf of Contra Costa County, to accept the jurisdiction of the Federal Courts, for the enforcement of all responsibilities referred to in paragraph (S) above, and that a Chief Executive Officer so consents on behalf of Contra Costa urty and himself in his official capacity only.. CE FICAT (1 - ABGVE: Boggess FEB 81977 Warren N. Boggess - Chairman of the Board of Supervisors Date Chief Executive Officer Contra Costa County 00470 REQUEST FOR RELEASE OF FUNDS _ COMMUNITY DEVELOPMENT BLOCK GRANTPROGRAM CONTRA COSTA COUMY ENTITLBIENT AREA FISCAL YEAR 1976-1977 (S) LEVEL OF = AMOUNT ENiIRO.WENTAL PROJECTS AND'ACTIVITE•S LIST OF FUNDS CLEARANCE (C) Construction of Indoor Therapeutic Pool,for the Handicapped in Richmond 60,000 (C) No EIS 00471 In the Board of Supervisors of Contra Costa County, State of Califomia February 8 . 19 77 In the Matter of Hearings on Appeals of D. L. Uhland and Jeffrey G. Hammond from Action of the Planning Commission on Application for M.S. 104-75, Orinda Area The Board on January 18, 1977 having fixed February 22, 1977 at 10:35 a.m. as the time for hearings on the appeal of Mr. D. L. Uhland, objector, from Planning Commission conditional approval of M.S. 104-75, Orinda area, and the appeal of Mr. Jeffrey G. Hammond, applicant, from Conditions Numbers 7 and 9 imposed by the Planning Commission on said minor subdivision; and Supervisor R. I. Schroder this day having advised the Board that he had received a request from Mr. Uhland asking for a two-week continuance of the hearing on his appeal inasmuch as two interested parties would be out of town on February 22; and Supervisor Schroder having also advised that Mr. Hammond does not wish the hearing on his appeal postponed, and having recommended therefore that the Board declare its intent to open the hearings on the aforesaid appeals on February 22, 1977 at 10:35 a.m., receive testimony, and continue the hearings to March 8, 1977 at 10:30 a.m. to provide an additional opportunity for all interested persons to be heard; IT IS BY THE BOARD ORDERED that the recommendation of Supervisor Schroder is APPROVED. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing b a true and cored copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Is. D. L. Uhland 1Nitnen my hand and the Seal of the Board of Mr. J. G. Hammond Superrl M Dr. R. L. Hilsinger affixed this 8thday of February . 19 77 Mr. W. R. Reid Iis. Joyce Hawkins Director of Planning J. R. O�SSON, Clerk , Deputy Clark Vera Nelson H-24 3/76 15m 00472' i In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 77 In the Matter of Request for Investigation of "Intent to Take Disciplinary Action". The Board having received a February 1, 1977 letter from Mr. Tom Ash, eligibility worker in the Richmond District office of the Social Service Department, transmitting documents related to a notice he had received entitled "Intent to Take Disciplinary Action" and requesting that the Department's action be investigated; IT IS BY THE BOARD ORDERED that the matter is REFERRED to the Director, Human Resources Agency, and the Director of Personnel for report on February 22, 1977. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesoid. Witness my hand and the Seal of the Board of cc: Mr. Ash Supervisors Director, Human Resources affixed this 8th day of February 1977 Agency Director of Personnel County Administrator J. R. OLSSON. Clerk By . Deputy Clerk r H•2i3r,6tss 00473 In the Board of Supervisors of Contra Costa County, State of California February 8 _1977 In the Matter of Sale of certain tax-deeded land to the City of Richmond Pursuant to provisions of Section 3791 of the California Revenue and Taxation Code, and on recommendation of the County Treasurer-Tax Collector, IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute an agreement between the County of Contra Costa, the City of Richmond, and the State of California under the terms of which the County agrees to sell to the City of Richmond certain property, as more particularly set forth in Exhibit A attached to said agreement and made a part thereof, which has been acquired by the State for non- payment of taxes. Passed by the Board on February 8, 1977. I hereby certify that the foregoing b a true and correct cope of an order entered on the minutes of said Board of Supervisors on the date aforesaid Orig: Administrator Witness my hand and the Seal of the Board of cc: Tax Collector Supervisors City of Richmond affixed tW&th day of February . 19 ?7 Auditor-Controller State of California J. R. OLSSON, Clerk L �, d Depute Clerk 111aa a M. Neufeld/ H-243J7615m .. 0 0 V4 AGREEMENT TO PURCHASE TAX DEEDED PROPERTY THIS AGREEMENT, made this day of 1927.+ by and between the Board of Supervisors of the County ofl4ntra Costa, State of California, and the City of Richmond, pursuant to the provis- ions of Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code. WITNESSETH THAT WHEREAS, the real property situated within the City of Richmond, County of Contra Costa, State of California, hereinafter set forth and described in Exhibit "A", attached hereto and made a part hereof, has been deeded to the State of California for the non-payment of delinquent taxes; and WHEREAS, the taxes levied on the property by the City of Richmond, are collected by the County officers; NOW, THEREFORE, it is mutually agreed as follows: 1. That as provided by Section 3800 of the Revenue and Taxation Code, the cost of giving notice of this agreement shall be paid for by the City of Richmond; 2. That the Board of Supervisors of the County of Contra Costa agrees to sell to said City of Richmond and said City of Richmond agrees to purchase from said County the property hereinafter set out in the aforesaid Exhibit "A", which shall not have been redeemed as provided in the Revenue and Taxation Code, upon payment by said City to the Tax Collector of said County the sum set forth in said Exhibit "A" after the description of the property and designated "Purchase Price", within 30 days after this agreement becomes effective. M09175with board order 1 3. That said City of Richmond will not share in the distribution of the payment required by this agreement. " IN WITNESS WHEREOF, the parties hereto have caused their respective names to be hereunto subscribed and their respective seals to be hereto affixed by their respective officers thereunto duly authorized. ATTEST:' BOARD OF SUPERVISORS OF THE COUNTY Bogges . i JAMES R. OLSSOH Carman _ A Clerk of Board of Supervisors By Deputy (Seal) ATTEST: CITY 0 L t' B Civy MerK. flayor Bt ;Deputy (Seal) This agreement was submitted to me before execution by the Board of Supervisors and I have compared the same with the records of the County of Contra Costa relating to the real property described therein. ED RD W. LEAL County Tax Collector APPROVED this day of 19 KENNETH CORY CONTROLLER OF THE STATE OF CALIFORNIA 0"76 "EXr�BIT FIRST ZEA$ SALS PURCHM D SCRI TICH DELINQUENT NO. PRICE - ' Parcel No. 510-0135-018 (formerly Parcel Nos. 1121-1 $2$.00 ' !Zao45-ou and 510-d 5-oiIL formerly -portion of Parcel No. 5].0-03-029) That certain real property in the City of Olt Richmond, County of Contra Costa, State of California, being a portion of lot 12 as shown - on the "Hap of the San Pablo Rancho, Accom- panying and Forming a part of the Final Report of the Referees in Partition," filed March 1, 1894, in Hap Rack No. 2, in the office of the ' Recorder of Contra Costa County, California, - and a portion of Swamp and Overflowed Lands Survey No. 171 in Section 28, Township 1 North, Range 4West, Mount Diablo Base and Meridian, described as follows: Beginning at San Pablo Rancho Exterior Boundary Stake No. 567 as shown on said Map of San Pablo Rancho, said stake delineating the most western corner of Lot 12 as shown on said map, and also being on the southeastern line of Block 99 as shown on the map of "Richmond Annex," filed March 18, 1912, in Book 6 of Haps at page 144, in the office of the Recorder of Contra Costa County, California; thence North 25' 56* 30" East, 277.95 feet along said southeastern line of Block 99 and •' its northeastern extension to the southwestern extension of the southeastern line of Lot 1, Block 98 as shown on said nap of Richmond Annex; thence -North 75" Ota' 30" East, 75.9 feet slang . the southeastern line of lot 1, Block 98 and _ its southwestern and northeastern extensions to the intersection with the northern extension of the northwestern line of Lot 41, Block 98 as shown on said nap of Richmond Annex; thence South 13' 56' East, 324.33 feet along the northwestern line of Lot 41, Block 98, and its northern extension, the Western line of Lot 42, Block 98 and its southern extension, and the western line of Block 101, to the southwestern corner- of Block 101, all as shown on said map ' of Richmond Annex, said southwestern corner of Block 101 also being the nor''theastern corner of tae parcel of land for the widening of Central Avenue described in the Final order of Condennation from J. R. Armstrong, et al, Page 1 of 2 c�j % e.rr� Miaofi(med with board order . . . -_, � ,= . • :.� >>���; .. 00477 . "EXRIBIT Ar FIRS? YEAR SALE PURCHASE DESCRIPTION DELINQUENT 10. PRICE to the City of Richmond, recorded September 26, 1962, in Book 4210 of Official Records at page 602 in the office of the Recorder of Contra Costa County, California; thence South 78' 191 Nest, 296.58 feet along the northern line of said parcel (4210 OR 602) and the northern line of the parcel of land for the widening of Central Avenue described as Parcel Two in the Final Order in Condemnation frm J. R. Armstrong, et al, to the City of Richmond recorded February 27, 1962, in Book 4064 of Official Records at page 527 in the office of the Recorder of Contra Costa County, California, to the southeast corner of the parcel of land for the opening of Yolo Avenue described as Parcel Three in said Final Order in Condemnation (4064 OR 527); thence North 28' 18' West, 46.40 feet along the eastern line of said Parcel Three (4064 OR 527) to the southeastern line of Block 99 as shown on said map of Richmond Annex; thence North 32. 03' East, 76.41 feet to the point of beginning. Page 2 of 2 004'7 7. In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 77 In the Matter of Request with respect to Education and Job Training for Pre—Trial Detainees. The Board having received a February 1, 1977 letter from Ms. Diana L. Patrick, 1310 Marina Vista, Martinez, California 94553 urging that the County develop education and job training programs . for those persons detained in the criminal justice system; IT IS BY THE BOARD ORDERED that the aforesaid request is REFERRED to the County Sheriff—Coroner and County Administrator for consideration in compilation of the proposed 1977-1978 budget. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of an ordw a-w. on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Sed of the Board of cc: Ms. D. L. Patrick supwvisor+ County Sheriff—Coroner affixed this jUhday of FPb-nia�_� 19 7 County Administrator Public Information Officer J. R.�OLSSON, Clerk By, 1�tGfi�L�tc Y . Deputy Ckrk Helen C. Marshall H•24 3P6 15M 00479 _C C In the Board of Supervisors of Contra Costa County, state of California February 8 . 19 77 In tfie Manan of Report on Audit of Contra Costa County Child Care Program. The Board having received a January 27, 1977 letter from Mr. Steve Dickeson, Ernst & Ernst, Oakland, transmitting a copy of a report and recommendations on the audit of the Contra Costa County Child Care Program for the fiscal year ended June 30, 1976; IT IS BY THE BOARD ORDERED that the aforesaid report is REFERRED to the Director, Human Resources Agency, for report on findings and recommendations. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order enhn_d on the minutes of said Board of Supervisors on the dots aforesaid. Witnessmy hand and tel he Seof the Board of cc: Ernst & Ernstisors Director, Human S' pery Resources Agency affixed the 8th day of February . 19 County Administrator ALL) J. R. OLSSON, Clark By,J".LcX )G-q2i/�,JUY=---0 Do"Clerk Helen C. Marshall H-24 3/76 15m 00480 c f c In the Board of Supervisoa of Contra Costa County, State of California Fehrua_rX R , 19 77 In the Matter of -. Approving Inspection Services Agreements for the Kitchen Remodel, Juvenile Hall, Martinez. (1120-099-7710-606) The Board of Supervisors APPROVES and AUTHORIZES the Public Works Director to execute Inspection Services Agreements with Messrs. J. M. Nelson and Robert G. Grady for review of contract documents and construc- tion inspection for the Kitchen Remodel at the Juvenile Hall, 202 Glacier Drive, Martinez, California, said agreements effective February 8, 1977. PASSED by the Board or. February 8, 1977. 1 hereby certify that the foregoing Is a true=W corrr d copy of an order enNred on the minutes of said Board of Supervisors on the date afamokL Originator: P. W. Dept. Wdnm my hand and the Sed of the Board of (Bldgs & Grnds) Supervisors cc: Public Works Department affixed thi$th day of February . 19 JL Agenda Clerk Building Projects J. R. OLSSON, Clerk County Auditor-Controller gy o . Deputy Clerk J. Dye .lean L Inspectors H-24 3/7615m 00481 CONTRACT Special Engineering-Administrative Services Construction Supervision & Inspection 1. Special Conditions. These special conditions are incorporated below by reference: a) Public Agency: Contra Costa Count b) Inspector's Name & Address: Robert G. Grady, 64 Collins Drive, Pleasant Hill. California c) Effective Date: February 8, 1977 d)' Project's Name and Location: Kitchen Remodel - Juvenile Hall. 202'- Glacier Drive, Martinez, California, Budget Line Item No. 1120., 099-7710-606, e) Rate of Compensation: $13.00 Per hour 2. Signatures. These signatures attest the parties' agre nt eto. PUBLIC AG CY/�9 Con Costa County INSPEC OR By A.I'M IWd U Public Works Direct ROBERT G. GRADY 3. Parties. Effective on the above date, the above-named Public Agency (Owper) and the above-named Inspector mutually agree and promise as follows: J 4. General Qualifications & Conditions. Public Agency hereby contracts with Inspector, as one speciallytrained, experienced, expert and competent to perform the special engineering and administrative services of a construction supervisor and inspector, including those associated with the continuous con- struction supervision position commonly known as.Clerk-of-the-Works, in con- nection with the above construction project, which services are necessarily incident to the services performed for the Public Agency by architects and engineers in the design and constructiion supervision of construction pro- jects. This agreement does not preclude other employment of the Inspector if it does not interfere with the duties and hours of work required herein.* 5. Term. The duration of this contract is the duration of this construction project, but either party may terminate it by giving 30 days advance written notice to the other. 6. General Duties & Instructions. The Inspector's construction supervision and inspection services inc ude the following general duties and instructions. a. Status & Relationship with Public Agency and Architect. His independent contract relationship with the Public Agency parallels that which exists be- tween the Public Agency and the Architect; but he is subordinate to the Architect, because the Architect is responsih'-, for the design of the project and for general supervision of its construction pursuant to the Public Agency Architect Agreement. Formed Approved by County Counsel 1-77 Meer,. with board order 00482 ob 5",th.1A.40,61,llrtpEai,th ICcnntr�ucti r,°. ite# Ilb�ullll; w� inllait r; r diiuillnirl�na �understandtingre�axionshp wtith tlthrtworkwPr�,arr lthe �loblirrtllrre¢sh�3?Tconduictrr^# business only rtttrough the contractor's fob supr.r><nter}der t and shall give instrur.ttons directly to the G�,rtracturgs eaproyee sYkir subconG=actor(sj„ and he shall tmuted�ately adv>rse:thechtrtectFanycase +rhereKthePubhc rts• a tib: Agency repress» Uves"gttre tnsiructtons to trr� tontractwel ' employe'es" g'r- c Public Agency Contr.rctor.Coord�natton He shadlreffectmaintaincTos coordtnatllon of the Contractor's work andthetowner's�regulrearentsa by fre �- quent, regular corrferences or other su2tabte OOris;'espec�aT]y whereaproleic _ � involve alter=attorrs or arodtftcatlons oFur sddittons to aw existing funct>ton= --n, .rao-+• n t M N r .�+. 7.aF*11 ,2* ,a.% r, wz, k'i'1 :ng facll ity, whlch5awst`be maintained as an ufferdLing unit`during conduc o construction wort., aad tti'erefore.�reyulre special alertness to,jab coidjtio `V 4 'Y }� k {q. 'J 3-Ntis ;,j 'Ctg+if+YfilN'1i>jY$ ah�ch may affect;�such corttnutng.o{ rat�e�nsf(eshallcoordinateMneces . anterrupt7leris of rrorima�l�arr»er Eacttvirt es ir�tt► the PWig urgency and�Gerierai� Contractor beforehand d Famr]iari *� Ttrt 3c ` He `' ''G' a� ` ty nth Cel r t .shaft a:coas�: tiwreyughly'�f�m>t1,�arntitalil con tract documents inM udingspeci. cations, drawing< and a denda;�and h shaTT x : supervise and chzct the adequacy and accuracy of ri{u�red "asbu><lt" drarrtnrs n n r prepared by the,Contr actor's ertployr,'eS {sie,also�7 a beioaMO, Mmowl,,;AmSm } e Persona] Presence Qbser�vatton � #e shat i b�,pC� ona� ly present:— neve wori X sbetng perforxd� evenonovertaats, mt�ht,fhoilldayoaeekeridbasis `whe "so ;dtrectedj, andsirallkattend meets»gs called tyµthesPublIcAgency �Contracto - Ror Architect, and h Shall nial�e dtrectflpersonai abserirat ons o,! work bef* performed byf they aer�l Contractor,and snt,contractors))KfbgEcect><ficatio to Public Agency tMner that such worf. 7s'`betn ue,far, Gln asktlifalH '' uianne and �n accordance ai tir tirz requtreerits of thegcorrtra�c[ documentsr , .G,,,,t„ .,.a,}a?.' i �°•."'� C '`4.� "�1^' .� f Advice r& Sul+jeaLrU,:a Hefshall4aefvrse Pr.bl t��A r.nj.y on all�corlatruct>tog tern,,such as su3It sung change or Jens o xr a }r ing onstruction scEredu - he sha11 evalr,atf svggest�oris orwudxiftc�ticsrs,wh>ch havbeen trad ;to�acc � ` modate onythe 3>;tr problears;�and report ttr lath zi' cowi�endatlons Tooth ch tecL, and he shni i re'�aew and make recowmrndapWitEto Contractoryon all ' k � a . pay estimatesy 101, ,, x g Pre Coristruct�on riev�ew>or Contract Hocumerrts~k idhen so d�reeted byjffi *Public --r-- wE # Agency; he shad]Kp2,form "depth,-deptfr review uf�;�thz contract 5documents�befa,,,' construct �n be�gras and make&appropriate,t ecoamendanons�thereon to th�Pu ltc� A enc ��4 7 Ss�cial=DujS tra';,attons The Inspector'sdueswspectalttly conce�rrg they progress or ,tha z;trr i. 1rizlude the,fo]loa�nga y � -' � ,: '*Ari` ,�}a{4 .y ren •"�'i'� ��.<+"""� ay,�, a Ge nerdy Records a fi les ifs hallxawtntarrr d t,rl61oand be aware o th ryconi;ents of, terzlul;Statefe3er ;tit"fft ;t'stodes�regulatto ns�, directives, ►`+.�yurxuts; etc hich are <<�Lrrerrttotti>Is�pro�ect; andar �`provTded by 't,e f�iul�c Agency, and fie lshatl a rertaur ,ZcoutpleteAyj of al]� , =:d:a::ings, 5} ��rt..:t�ons, ; contracts,'change: ordarsrarr•ect�vesetc „whzch ` " deter Ins wtr i be one,by the Cor•t:act..r Z ste�also 6=d,a above) b Oiar y:and R��ksr c; ;~ Ke shall manta.n a bourc�t cWt ty d>ary, noting,Lhereln, # " fob prgblears cL:�t t xr+Vis;and reumrt s°; a»d f 4 s l ¢subruz t all`repocts��de d necessary b3 St,:tr;:nd Federal ay�rrr.tes, rtC�ct arrd Pubt>lcg��iency ;fwhicl ; sha]] be iiIAy uraef it sufficient detailpurpose of4 the reppp rt e `t } y' t '•"„!• a s ate,Y s = +^" �S� a `;x :y-`"�..0� 4`° v}�'',t«^ Alt- IT lt-yAv- #h .4 ••'tf'=, e. Material Records. He shall maintain records of arterials and/or equipment e vered at the.site, showing manufacturers' names. catalog, model serial number style, type, or other identifying information thereon and noting whether they are'in strict compliance with the plans, shop drawings and/or specifications, or are approved by the Architect. He shalt certify to Public Agency that ail materials used in construction are as specified in contract docarents; and. on completion and/or installation of each applicable _ Item, he shall collect and assemble relevant information (including guarantees, certificates, maintenance manuals, operating instructions, keying schedules, catalog numbers, weniurs addresses and telephone contacts, etc., of materials and/or equipment as required): and at the completion of the project, he shall deliver this information to the Architect for delixery to the Public Agency. 8.. Pay for Services 3 Reimbursement for Expenses. ' a. Public Agency shall pay Inspector for these services at the above rate, for semi-monthly pay 1wriods of the 1st through the 15th and 16th through the last day of the awr.tb. Payment will be made an the 10th of the month or the 25th of the mouth fulluming the pay period if a demand billing is received by the County Public *rks Department on the last County working day of the period. b. Mileage authorized by the Public Works Director or his deputy shall be re- iabursed at a rate: to he mutually agreed upon from time to time reflecting actual acd changing costs. 9. Insurance. Inspectur shall, at no cost to Public Agency, obtain and maintain u ng the term hereof Cc:;mehensive Liability Insurance, including coverage for owned and non-own�i autw•ariles, with a minimus combined single limit coverage of $500,000 for all due to bodily irn3ury, sickness or disease, or death • to aqy person, diw dw"-je to property including the lass of use thereof, arising out of each accident er a currence. Inspector shall furnish evidence of such coverage, naming Publ it: :agency, its officers and employees as additional insureds, and requiring 30 days' written notice of pOliq► lapse or cancellation. 10. Enforcement and iaterpfttation of Contract. The Public Agency's agent for en- o�rc ey and—Tn_terpeet1nq this Contract is the County's Public Works Director.• • or a deputy. , 11. AdJustment of Cin:-cion. The rate of compensation xay be adjusted by wtuai consent of Ue partes for good cause shown. `G3;.TKR(.1' Spccial rnCin• eriirt- Adain'ctc itive ;c i-vice:` ra Cont-tructZcaa : :•ap•�rvi inn`t: r.4ion ' z 1. Special Co ndi lois. These pecial--conditions~are inc.orporat6d > : below by reference s r Z y �" a) :.Public A= liev ' Contr b) .� inspector�s timet. ltddress J -N Nelson 1905zPacheco�Bouleva . rtinei." IIforn�a-:94553 r c) ��EffectIve :Februa d) : Project's ;'3arac and:Location =Ki en a uvem e a = 202-;Glacier Orive,:Narhnez -"Uli. ornia u ge a lne� n ;b - 0-099- 0=6 „ F r c) Hate of Corapen�ation: .513:85 per.hour. ; xf_.F 2. Signatures. Thee siHnatu_�es attest the, parties', agreement Ftereto.�} � PUBLIC ENCY- Contra Costa County Lfi� 4c�r '` ✓ ^� Pub1lc.Works , r r�s J` J 01�I`u/'4 3. Parties. Effective;on the above _ tte,-xtfi above named,.PuhgY llc Agency (o�+ner)'=and tY,e above named :Inspector.mutually agree, and prortrise asa follows: ` fl General ualificstions • Q Conditions public Agency hereby contracts with Inspector, a:,; oze specia2ly.�.ained, ekperienced, expert and com N: R petent ,to-perform.*the special,gengineer irt; std aduiini.,trative sertiicas of a.,constructian-.supervisor'and inspector, anclu"dingy chose:`associatedr With the:continuious construction.supervision position,cormonZy Down£asp;' Clerk-of the--Norks in :connection ;:rith he aria ve construe on prof which services are'necessar ly incident to the scarvicesjperformeti the, Public Agency:by architec`s and enEine erFrin�Lhe�de�i�nnandNcon� '' - struction'supervi:,.oz of cons ruction pro3ec,,.,. Thi., 'agreetient doesi1not preclude other emgioyr.�nt of ;the In�oectorrif it daea not interfere�with�. the duties and hours of'wore required 5 Terni. The duratior<of this contract i tt,t duration oithisk ��, construction project, but either par y ;tray tc ralnate it by giving'30 days advance written;notice'to: the othzr t ' s 6. General ikiti��� irast_uctioa:: The I ,���t Cto^.'s cori=trriction supervision and Inspection-services inclu4t :Lav:.Polio ink several duties ��, ' and instructions { P l.. • 3 Jx a. Status L '_' •t_!��- h w t5 .:�1 . �e s �n�3 n_�chitpct .Him �,� independent cor.L:-a.;. re?atin::.,•,1;, t:r to ..�r.lfc,nr acy parallels that ` Ma Which 'exists betvaca the Public Azelley an=i thl .krch•test, .but he- is sub r ordinate to .the ,:h* ct; becau - e`;xrt;:; t :ice r�sporrs ble for then .v .,.; a it con traction zr, .,: dPsi;n of thei pro «t a. 3 or !, s � :• vrr a, .. .. pursuant to',the 'uL' • .+r encj Arms.rc- _ n� � �� � � f Form Approved by L:` •2=` Il.JL12St.•f 77a 1. ""'+,.t °' :'Ms-''' • a-,- 93i SOL/� ���?ti- ' .Y,fi'`2 �MYCICl�3i�i�111�1f�'1Af��11C4JIf� Ofn . .1f riSbf'? uaU ` °G..t� 1 1 R ,tit E 1 1 w1?1.1Dhtldi�LLl1 Ill �tlial l�Jli�.11�I11La�I1�l ,1�d11�6'lllf l4 �it, s ' .� d ers ta� �- ndlgp; 'rre ,t'i_ollshiJ�i,'wtth the worl wel�► u,i th 'lob bwi anti Fie sFiatl!" eond6j i ti business Of11y._C1ilY►u!jn Lh(!'COnCrdCtut 'S,,�U6 Ut rultendent >'anuf shalfl not ,., give_instruc�:ion; tlittn tly;.to the C' �iL -tar 's. ��chloyee(s};or,subcontractor(SJ, and he shall'I Et ddvlsr,ti.� t+* hit",-- « t .tny-case:whcre,therPublic r -,,Agency-repres�nGttivrs ylve illstrut tluus Cu L:: .unt+dctors employees` c. . Public Agenti-C Iii+ ,�for CoordiIw[lun lie r►. /! t tfect/ve y,lwaJntl.inaclas4�'� 1 3 „ CGOrdinatlop Ut Cl1c (4ntrd000rs1 Yrt3,1. .,tlt1 ttU�`►rtUI4 �_'+ rc ulrtMtlettts >quent;�regulis..., itIerences�'or.otli�c tiI_L�ut� r� ►rl�„esprcially.wfiere'projeccs „ w involve::altNi'.1tiuris or nodificatioil- ut''.,r 1 I:i tlwn ` to an Lxistingy,f"unction y ing-faciilty, A ,cll must be adlnc.,n d ,a ci�.t.,tinj unit during eonduet.4o ;544 cons tructlot ,iyat E-.`,and therefor, -,i trylu l r� ,,rte t l a l i tness{tti doff Bondi tions`t A tch stiay affei t �u.li tw►fi.nuiny:crh r.,liuus :t ,h.,11 wurd►ndte„necessa >th �` intzrruptlolt, 'ut tKiirlal owner actlrltl�; wlti►;tl.��f�ubllc Arj�ncy'ondGenea ' Contractor bl folie hand fir:} a i t , j d Familiarity with Ltittrat[ lie.�ll.rt! bt:: .1. t►s.jtYlY tami{lar wtth�ali tract documents �i,�7i,dtny',S{►CCific.,iiuti�, 4►atirr i�h; +ddrnda, dnd'hez;shall yra y-,T supervise and th�l.L the dtl�Ylua+y ±un1 .tttU i rL�lLLlttl!'�US bullt"rdrar/ltN,$pk prepared by file Ccu�ttoctur.� rr>plt►��� z T, e. Personal Pri seil�. . clt.SCt v.ittOn !ice 1.n'! L ',r.c uhyll iy pi Csent whenever is being perfork�uj ?evesi:Oi1 ove C,r t •Ili 11.4 ;!r.�t lsl.�'/,�or wleekEnd basis,w en�so k ws directed), and-sll.il l otteiid e►et ti,►�a isl1e.! r' ts1� Public Agency; Contractor;4 e�j 4 or Architect, au,: 1�r �11a1 Vwdi.e,dif �t'prrs�►� '. rvat iun ot.iwork De'ing F performed by Ct+L �M{tC7 dl t Ot1ts ut tt►, ,ttltl �,.t tst �r .c tur(S} 1UI' t�YtiflCdLlOn tL 4 Public 'AyZnt y (�c.tl�c. Llta C Stich bGi w is t:i l ny tw t'it.,i�ti�i n a'skll l fut alanner and - In dCCOrddtlitt ultit_IIke to u1Ct tttt ut :Chr t .dtt..t t;doCtrliitalt5 7. Fq� f. Advice & Ju�2�r' LL l lit shall ds3lo 1 e"!'t.i:l tv<'edj.Itt'�t uil all COil�truC6,0W, ters,"Such ds : .��.�Linij., hint us,tICY� Ut t4�itsilkj culbCtUCt1Ut1''SCtyrdUl85, he ,shall ev.:l tt� _ajyestious or:'u�,.lificdttt,��'. t71rlCjr terve beta rwde'to dcc�rT y ta?61t 'on 61C-7JUt. lr1 ulllWS; an' .rl(iuPt Lllt.x �! 't t t%GCWt llJatlUlls':-t0`tlleraT Ctl.:y r,Fra tecta and he .tt t l! r�+lew .itd mdke 1 ecr►t:c,.tK"t;.vt> Co the Contractor ons dl1 x rY r pay'estiaatei: r �n - n g. PrrConstrt.t Balt rr� 3t d ticContrai t aclt r.ul t L Tl�u so d1reCted by thePubliG Agency,:he sr;sl l Y, ti[►t>N in depth review of'ttu �uract docurlents before n ( construct in tzc,i,:s and make_apprc►pt late l t c:»�,tYlditlons.thzreon to the),Public r y 7. �cial Outies a a, 1..+ [Ions The !u.{w1 wt , u.r rt^ .pectidlly concern ng�00e progress of :thC I'.Vtt I,. Jde Lt1e tollu.Jlrl� F .err � L mea a C.enLral `Kttiu1 �It tk shdl;l w.tlut,.lt. .t'!,'� uf, and be aware of th CJIiCt ntS Of. Lt. lct..al■' ff•1:+ tr. ,'COdeS',,regtlattoll `, 1 f� ✓'a,.- directives r�ia.t�«..nCS, `etc , tiJi►I.1c::1►t I..ti Its°I C LO 01175 proJ�ct ■ and art= ` ; P"Vided by Crit ` alit.-Ayc'tlLy, dila b�'�hut! G. s',,Ilt�a COW lite+f11e�0 811ri ;3 a n r di'.1:ringS Sj it I14={IUIiS s`Conti dCC �tldIrec IYtS;-.etc , WtliCh deterNline itJt'.. Lu .ca?: tftlnt'`by the G.'-L�'s�. ., .;"" t=.itSo CCId ;utSOve} >'I uu b. Old+ aril {'.r >vt ;iC �tldll fAdinL.1:11 a I.wI.S c1.tt!/`dldl'y, nutlei1 tllt:Celn Y; J05 pl'Oblt ,-Ltiri�fa nCC'S�al{d r+y.it'�.7;'aw% !u l; l.l>wliC, .t�l ,l'E porCS dll�letCr r��� k necessary b; �tatc .:ud Fede ral a+s�Mt iiL— nt:.I ILcti"t.wbd !'tllil ll. ityatlCy, Yltlltl shall be til,wly .aid<in sufficient detail to �;tLl .Cy tp. purtwseof tile; repc.ct •. 4 � 1t 9Mxf�t "'�"""�6� d �A„ 3��G/1 1 '�f .l^ � wtiv''6.t'� k � 'fit.;;,.•■{7`1107\■ '('Vj7tJr ,Aj�} ���.yR,� f7 � Chi} h �.` Y j k� £i✓ 'SY51 rc'e' � 'n'•.Y>C t!K'af,��k���J l.r 7 I ,' ,.�* * �, ty, '. .a ''pra��Y f��tYsc'""7r } g'F�1,+',S�« ,ri t 7r T�•,`� �F,..�'.�t�` �S ��' x,q.,. ?� ���� .,_ _n. ?^ r� �-,�f xY n�'�S�ft�s➢����.r�'7"���11E�psgkF"L e.,Yf,i 7^��T Fib reS box I � l.l,. it „s'i..l 61•x+: . !f a 'K b.ii "7if'j;si;11 I�.L+p ix�:b46i i. and "r. x Waiiin� t» 4' rira8d (R?E�3.^' iM,,, w � ,a'IS �..,Ir""�h '! I: ti. ,.y.. u,�,t., al tl,�a;ly i ,kf. •.k - bk,.+ra+�- , +ri !'fb '�'i s.$.. ¢'mdt Skijc �Iti i tI % i"g, miqP ' i CI'a I L�.rs,.�' �s, , �, �iMaLerial 'Records He shali_a�aintalar rlrecords old awter�ails tuod/'oequjpa :1ut ", �, q! " !,�., �, x r cr mil, ^Dit -c,: a e,k�vered at ie site.; short ng Ranufacturers a#*Z�catal�og�;�aadel numberstyle� tj►i ° °Lherideiit�fying"�infor t;iu the nkand�Egnoting "a°e„ Ka. a c•' xe .� tea'+ 'w ro i+# xus,. �'' ' • rttiethe�rtheyarzrr fru `Itan � i. th tuns, ho lir'ai t tip „x - �� T spectftcattons �oiue�apprav b t1iArchtieK: Iisha eertti:ty to „ �Lb1lcAgencytha'�; �r�aiused�tnst ctiar a, fted in d ! w=E# :u }contract docuruaz. ar d, onYco� etlon�aind/o nstdllo o eat applacab M hall colldct andeassembl relevant tea tlo tn�cludin uaraniee cert!firates,GruaIII tfardnce,wanuals, onerating ui� ruction eying schedi►t - , � caalog number , vct u,rs�add' sesandt"elepho corrtacts. et of material �- yandlor equtpa�tsrcu�rea) arW.,a�thacowpl,t� ion; o ttipro�ecfi sha7T :4 T dellver.,,zn lntur at�on tooth arch feet for d live to th Public A enc r ry g. s t s 3W k� r s '� ,'Tx';.,yv r�r ^r"a.�T`����m" �� ^*"�",m *c. xS' L, �Fv�-t}`'�f°"iQ` rte' �;'�'� ,48. `Pay`for Servlc,ea Re��.rsement�for.�Expenses�' �. ���� Public Agency stwl jinx tnsoectorfor "e s x�ra f then ervtces�'a thr�,abo a semi aonthlStb 16i�►nth oughth o ,h " 7ast� --Of Ott► r�Ur' PayaenC w ii be;ma'de an th Oth t ti iaonth Or th ' ` � + 25thfof Lire awrit� ttuitieayper4toii � d nd'9� rig 'b i.lirigisrece%v X x Rt County Pubi:� urks,oiiMv"yrtmrnt oto n a, bounty working fi't. +, period ,.. d'ug ��....'SE. x,,. v Mileage author tz� srthe�Publlclio s Director a hu de ut sha11 b . i r» ti .'2irz de P y.. x ✓443* p ursed at a rite Za br owI=lly agreed�vupon from t�" to ti reflecttn -- rv,.x. 55 i" ..,s - < 9 Insurance Insp�,tar ti r.xt t;a no costo Pubilc Aj r cy obtain and walntairr re tei�thrr� t tr,►rehentve l.�ry�atiY7ltyInsurr�,n!,$i�e ��c"ludtng�covee�ag�fQ hRy R�7t.F 4.k S -.. ap'"�"r"Y�' - .4q M. 5 K�.. oMmed#andnon-wrn..-d .:R rruc.11es�, wttha wimm lit �d57n111WI °COYECd e z �,r- _' ofS580,t>OQ formal] ds �cs dut0bodlylnury; ikriess 'or disease;;o death ,:r� •d'..�tv-. ts-.. f+,c; .r• t� to anyperon,�ands� � tupropertytr��ludin t� :s:oma uset[re.reo , a ,s�n Vi of 4each acc7darst-,wr c,L re-nce Inspector sl ll turmsh e��dence ofi�sucfi �3� �i.c ��•r<. - _ �cgverage, naming Pr:�1 :.yarrcy, ttsoftcers;and luye asra¢ditYonal lnsu ed , - �tv x x.. ;x .«i,.,O ,t?f s42, 'r r 4� &C�and requiring 30 �3sv.' .r��ttennat�reofpolicylap o cancei:latfion �' t x - � ����,..!"* A �ar' ",Ja`», 2 �Y?ir�sT�'s, .xxt� ."" �4�.�S�w'- »"y�� a r.4. • k1O: �Enforcesnt artd lntcr � Con t�t�on oftract a P,ubl; ency' ager fa :en �� ° �# ''';forc�nyp,and,tnterpr�*ttr.,�;�this'Contract�ls�.the*County !'obit `Norks�D�recLor ,cy' «?a" or aMdeputy 5- ���� �rw � �., ' ,� `4� � �_ � '! ^ry a _ ustaent'of CocriLrr Therateofcompenstrun . y bead1`uftud bygrt�ua , nsent of a eParLl�i.�.{tn� good cause5haanr } ; � � d+a"f 4 e - , 4,�� L:`x '* '` � ,4r. w i•g S 3 +.. ,;,�;s�» �k b �,J� ,�.u,F.y�,.�,�,i�du„.�y,r - MINN.PQ pz s .-• ,x,'�:s rt�' c.t � �. apr°" �•�d..�}f��7' .�,$�ax"�y.,,�`"a'� _ r...µ{, - � `* � e �s ,�i'"r• t ash',,� ,ha 'N— "r'r1' .w y '�+x3` jrM�",y�'p�` v'N_�".°�� r rwn �2 va a7 n ^ j .�- y7 � x .r•� a im+�u�*"S' 1"� ��+w a�3dttt;t.�F' r�*'-�" f�,'�h°+e - .,a►v S Y/a,�' `K'Y r :,,r iP�. 5 X 'lrrY aw,irr' �& �A�� "t` s�'74 x t sn ♦ x ty>R,�y,w� �'+ -i.R s �' .`�` `.r` .NO'. In the Board of Supervisors of Contra Costa County, State of California February 8 . 19 77 In the Matter of Authorizing Execution of a Five-Year Lease with Raymond P. Chapot for the Premises at 814 Escobar Street, Martinez, California IT IS BY THE BOARD ORDERED that the Chairman of the Board of Supervisors is AUTHORIZED to execute on behalf of the County a five-year lease commencing February 1, 1977 with Raymond P. Chapot for the premises at 814 Escobar Street, Martinez, California, for continued occupancy by the Auditor-Controller. PASSED by the Board on February 8s 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. - Originator: Public Works - wtmue my hand and the Seol of the Board of Real Property Division Supervisors -"- cc: County Auditor-Controller (2) affixed "8thdav of February . 19 77 Public Works Lessor (via R/P) Buildings b Grounds J. R. OLSSON, Clerk County Administrator D."Clark Maxine M. N d H-24 3P6 15w 00488 LEASE 814.Escobar Street Martinez, California AUDITOR-CONTROLLER 1. Parties: Effective on FEB 81977 1977, RAYMOND P. CHAPOT, hereinafter called LESSOR, and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter called COUNTY, mutually agree and promise as follows: 2. Lease of Premises: LESSOR for and in consideration of the rents, hereby leases to COUNTY and COUNTY hereby accepts and takes those certain premises consisting of a brick building containing 3,520 square feet of ground floor warehouse space plus 2,000 square feet of mezzanine space together with the exclusive use of the adjacent parking lot, commonly known as 814 Escobar Street, Martinez, and more particularly described in Exhibit "A" attached hereto and made a part hereof. 3. Term: The term of this lease shall be for five (5) years commencing February 1, 1977 and ending January 31, 1982. 4. Rent: COUNTY shall pay to LESSOR as rent and for use of said premises a monthly rental payable in advance on the 10th of each month as follows: a. Three Hundred Eighty and No/100 Dollars ($380.00) for the period February 1, 1977 to January 31, 1980. b. Four Hundred Twenty-Five and No/100 rs 0425 00 for the period February 1, 1980 to January 1982��{� Rental shall be sent to LESSOR at P. 0. Box $6 , rtinez, 1:a'lifornia 94553. 5. Holding Over: Any holding over after the term of this lease as pro- vided hereinabove shall be construed to be a tenancy from month to month subject to the terms of this lease so far as applicable. 6. Use of Premises: The premises shall be used during the term and extension hereof for purposes of conducting various functions of*COUNTY, and for no other purposes without the prior written consent of LESSOR. . 7. Utilities and Janitorial Services: The COUNTY shall pay for all utilities, provide its own janitorial services, and replace any and all electric lamps and ballasts in the lighting system. 8. Maintenance and Repairs: a. LESSOR shall keep the exterior of the building in good order, condition and repair, including all exterior doors and their fixtures, closures and hinges. 00459 Microfilmed with board order 8. Maintenance and Repairs (Cont.) b. The LESSOR shall furnish and maintain any and all electrical, water, plumbing, heating and ventilating systems in good working order, but shall not be responsible for any mainte- nance required because of abnormal or abusive use. c. COUNTY shall keep and maintain the interior of the building in good order, condition and repair, but LESSOR shall repair damage to the interior caused by failure to maintain the exterior in good repair, including damage to the interior caused by roof leaks and/or interior and exterior-wall leaks. d. COUNTY shall replace1p ate qlass windows broken by its employees, agents, or invitees; if broken otherwise, LESSOR shall repiace them. e- LESSEE-COUNTY shall not suffer any waste thereon or thereto. '9. Alterations, Fixtures and Signs: COUNTY may make any lawful and . proper minor alterations, attach fixtures and signs in or upon the premises, which shall remain COUNTY's property and may be removed therefrom by the COUNTY prior to the termination of this lease. 10. Hold Harmless: It is understood and agreed that the LESSOR shall not in any way be responsible for damages to persons or property in and upon -said premises while said persons are on County business, and shall not be held liable for any liability, claim or suit for damages to the person or property of anyone whomsoever while in or upon said leased premises during said term in conjunction with performance of County business, and the COUNTY hereby agrees to indemnify and hold harmless the.LESSOR from any liability or charges of any kind or character by reason of such injury or damage claim or suit for liability arising therefrom in, around, or upon said leased premises, except in the case of any structural, mechanical, or other failure of equipment or building owned by the LESSOR, which results in damage to any person or property, the LESSOR will be held liable. The LESSOR agrees to-hold the COUNTY completely harmless from damages to persons or property and COUNTY shall not be held liable for any liability, claim or suit for damages to the person or property when, and if said persons or property are passing through, are in or around said demised premises, and are not acting in conjunction with County business. -2- 00490.. 11. Destruction: a. In the event of damage causing a partial destruction of the premises during the term of this lease from any cause, and repairs can be made within sixty (60) days from the date of the damage under the applicable laws and regulations of governmental authorities,. .LESSOR shall repair said damage promptly and within a. reasonable time, but 'such partial destruction shall in nowise void this lease except that COUNTY shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the portion of the premises usable by COUNTY bears to the total area of the premises. b. If such repairs cannot be made in sixty (60) days, LESSOR may, at his option, make the same within a reasonable time, this lease continuing in full force and effect and the rent to be proportionately rebated as provided in the previous paragraph. In the event LESSOR does not so elect to make such repairs which cannot be made in sixty (60) days, or such repairs cannot be made under such laws and regulations, this lease may be terminated at the option of either party. c. A.total destruction of the premises or the building in which the premises are located shall terminate this lease. 12. Quiet Enjoyment: LESSOR covenants that COUNTY shall at all times during the said term peaceably and quietly have, hold, and enjoy the demised premises . without suit, trouble, or hindrance from or on account of LESSOR as long as COUNTY fully performs hereunder. 13. Additional Consideration: As part of the consideration for this lease COUNTY shall pay to LESSOR the sum of two hundred forty-five and no/100 dollars ($245.00) as payment in full for any additional rents due under the prior lease dated February 10, 1970 during the hold over period June 1, 1976 through January 31, 1977. 14. Defaults: In the event of COUNTY breach of any of the covenants or condi- tions herein, including rent payment. LESSOR may re-enter and repossess the premises and remove all persons and property therefrom; and in the event of such a breach by LESSOR, COUNTY may quit the premises without further obligation or may proceed to repair the building or correct the problem resulting from the breach and deduct the cost thereof from rental payments due the LESSOR. -3- 00491 15. Surrender of Premises: On the last day of the said term, or sooner termination of this lease, the COUNTY will peaceably and quietly leave and surrender to the LESSOR these premises with their appurtenances and fixtures (except signs and fixtures referred to in Section 9 herein) in good order, condition and repair, reasonable use and wear thereof and damage by earth- quake, fire, public calamity, by the elements, by act of God, or by circum- stances over which the COUNTY has no control excepted. COUNTY shall not be liable for painting the interior of the demised premises upon termination of this lease. 16. Successors: The terms and provisions of this lease shall extend to and be binding upon and inure to the benefit of the heirs, executors, admini- strators, successors, and assigns of the respective parties hereto, jointly and severally. 17. Assignment: COUNTY shall not assign this lease or any right hereunder, nor sublet the premises nor any part thereof, without prior written consent of LESSOR although LESSOR may assign this lease without Further consent from the COUNTY. - 18. Taxes: COUNTY shall pay to LESSOR within 30 days after being requested to do so by LESSOR, as additional rental, a sum equal to the increase, if any, in the City and or County taxes levied against Assessor's Parcel 373-161-01 in any year during the term of this lease or extension thereof in excess of $1,058.56 which are the taxes for the 1976-77 base year: Said request must be accompanied by a copy of the tax information card for the year for which the request is made. It is understood that during the last year of occupancy, said taxes shall be prorated between LESSOR and COUNTY according to the number of full months the COUNTY shall have possession of the demised premises. 19. Inspection: The LESSOR reserves the right to enter the premises between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday, or at any time in an emergency situation, and to employ the proper representative to see that the property is being reasonably cared for, that no waste is being made, and that all things are done i6 the manner best calculated for the preservation of the property, and in full compliance with the teras and conditions of this lease. -4- 00492 - v 20. Time is of the essence of each and all of the terms and provisions of E this lease. COUNTY LESSOR COUNTY OF CONTRA COSTA, a political subdivisio4th to of CaliforniaRa n apot airmanupe o ATTEST: J. R. OLSSON, Clerk r Dep ty RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: f BY JOHN-B. CIAUSEN. County Counsel Countae Admin trator` • BY XY4. By Deputy Deputy u is r Di to Buildings and Grounds By Real Property Agent r 00493 Lease 814 Escobar Street Martinez, California ' EXHIBIT W The northerly 76.3 feet of Lots 3 and 4 in Block 322 of the Additional r Survey of the Town of Martinez as per maps thereof on file in the office of the Recorder of the County of Contra Costa, State of California, described as follows: Beginning at the intersection of the southerly line of Escobar Street with the easterly line of Ferry Street at the northwest corner of Block 322; thence from said point of beginning northeasterly along the southerly line of Escobar Street, 103.5 feet, more or less, to the northwest corner of Lot 2 and the northeast corner of Lot 3 in said Block 322; thence at right angles southeasterly jalong the dividing line between said Lots 2 and 3 of said Block 322, 76.5 feet to the northeast corner of the parcel of land 'described in the deed from Paraskavas Kalliris to Annie Nulty, dated May 25, 1922 and recorded June 20, 1922 in Volume 412 of Deeds, at page 413; thence at right angles southwesterly parallel with the southerly line of Escobar Street and across Lots 3 and 4; 103.4 feet to the easterly line of Ferry Street and the westerly line of Block 322; thence northerly along the . easterly line of Ferry Street, 76.3 feet to the northwest corner of said Block 322 and the point of beginning, together with the improvements thereon. ` ���, .� .:.�� - "�% - i . - J._'r'iv.-. "�••'. .ice •- `•tivy..r�" C. .• `•; •.• -.l. r♦ ..•.w No/ �N • . i-.. ...y./•:j�j'jt..•• r✓ii�• • .�i ^. • �.jw•:lr. . •�'] '\•.•.: • y :0049 t i In the Board of Supervisors of Contra Costa County, State of California - February 8 ,1977 rr In the Matter of Approving Project Time Extension , Amendment to Agreement with the State of California for John Marsh Home Restoration Project. (1003-127-7710-601) The Board of Supervisors APPROVES., and AUTHORIZES Chairman W. N. Boggess to EXECUTE Project Time Extension Amendment to the Agreement between the State of California, Department of Parks and Recreation, and.Contra Costa County . for the John Marsh Home Restoration, Project No. 07-0006; said Amendment ex- tends the required completion date from June 30, 1977 to June 30, 1979. PASSED by the Board on February 8, 1977. I hereby certify that the foregoing is a true and correct copy of on order entered on the minutes of said Board of Supervisors on the date aforesaid. Originator: P. W. Dept. Witness my hand and the Seal of the Board of (Bldgs & 6rnds) Supervisor affixed this 8th day of February , 7971 cc: Public 14orks Department "- Agenda Clerk • Building Projects _, J. R. OLSSON, Clerk County Auditor-Controller Jay . /_ Deputy Clerk State of California ►,�;.:: :1 3 �' ^�-' r County Administrator dear-L-t�►1: H-24.V76 1$m 0049-5 STATE OF CALIFORNIA THE RESOURCES AGENCY DEPARTMENT OF PARKS AND RECREATION r PROJECrTITLE: Jahn Harsh Horne PROJECT NUMBER: 07-0006 r AAA-MOMENT TO AGREEMENT THIS AGREEMENT.made and entered into this 8th day of Feb-1277 ,by and txR+een the Sure of Ceiifomia. OeparMuat of Parks and Recreation, and the bunty' or Contra hereinaftM called the "APPLICANT-_ Cos to 1'YITHESS£TH: WHEREAS,APPLICANT and STATE enured into an agreement dated /-14-75 for grant of money pursuant to the State Seach,Park,Recreational and Historical Facilities Bond Act of 1974;and WHEREAS.APPLICANT is desiroof extending the conptetion date of its PROJECT from 6-30-77 to 6-30-79 us:and WHEREAS,it is considered to be to the mutual benefit of STATE and APPLICANT to extend said completion date; NOW.THEREFORE,it is mutually agreed as follov v That Project Performance Period of said agreement be amended to extend the completion date of the PRO-:ECT from 6-30-77 to 6-30-79 IN WITNESS WHEREOF,the parties hereto hwo,set their hands the day and year first above written, Count of antra Costa Lav a�G. Warren N. Boggessor ride Chairman of the Board of Supervisors Date STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION ey Title By Date Date FCP i APPS;IED ,x"•:3 L BEY. {�_::�,/�4cGul,�.c.t..y DPR 464(91741 lAiCtQfiknud With boufd Ordu 00495 C � , In the Board of Supervisors of Contra Costa County, State of California February 8 , 1977 In the Matter of Authorization to Destroy Certain Receipt Books Pursuant to Government Code Section 26202, this Board (1) finds that receipt books kept by the Public Works Department are prepared pursuant to Government Code Sections 24352 and 24353 but are not expressly required by law to be filed and preserved, and (2) determines that County purposes no longer require the retention of those now more than three years old, and (3) authorizes the Department to destroy those now over three years old. PASSED on February 8, 1977 by at least four-fifths vote of the Board. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Wiliness my hand and the Seal of the Board of Orig: Public Works Supemsors cc: County Administrator armed this 8th day of_February , 1977 Auditor-Controller Public Works Dept. (2) J. R. OLSSON, Clerk By //• �U . Deputy Clerk N.PODS H-24 3176 15m 00497 In the Board of Supervi:oa of Contra Costa County, State of California • _ Fabrua� S . 19jZ, In the# NW of Resignation from Contra Costa County Community Development Advisory Council. Supervisor N. C. Fanden having apprised the Board of the resignation of Mr. Dean Ellern from the Contra Costa County Comm mity Development Advisory Council; IT IS BY THE BOARD ORDERED that the aforesaid resignation is ACCEPTED with regret and the Chairman is AUTHORIZED to execute a certificate of appreciation to Mr. Ellern. PASSED by the Board on February 8, 1977. 1 hereby certify that tl» forepoinp is a true and corred copy of an order entered on the minutes of said Boord of Supervisors on the date afaesakL Witness my hand and the Seal of the Board of cc: Director of Planning supervisors County Auditor-Controller aid "nth day ofFPbrunz7 . 19 _U County Administrator Public Information Officer Mr. Dean Ellern J. R. OLSSON, Clerk Rodeo Rod By IJ&J& 17U44LdZ. Deputy Clerk Rodeo 94572 Helen C. Marshall H-24 3/7613m 00498 _ C C In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 77 In the Matter of -. Establishment of Committee to Review Format of Board Meetings. Supervisor W. N. Boggess having noted that several questions have arisen concerning the desirability of making changes to the Board's existing meeting format, and having recommended that a special committee be appointed 'to review the current processes and procedures utilized in developing the Board's agenda, as well as those of the County Administrator and the Public Works Director, and report back on any suggested changes; and Supervisor Boggess having recommended that the committee be composed of the following persons: Supervisor Boggess, Chairman of the Board; Supervisor R. I. Schroder; Mr.' Arthur G. Will, County Administrator; Mr. John B. Clausen, County Counsel; Mrs. Geraldine Russell, Chief Clerk, Board of Supervisors; IT IS BY THE BOARD ORDERED that the recommendation of Supervisor Boggess is APPROVED. PASSED by the Board on February 8, 1977• 1 hereby certify that the foregoing is a true and corned copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Supervisor Boggess Wanes "y hand and the Seal of the Board of Supervisor Schroder Supervisors County Counsel affixed this81th day of_February 19 County Administrator J. R. OLSSON, Clerk By Deputy Cterk CraW H-24 3/76 15m 0 499 In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 .ZZ In the Matter of Appointment to Contra Costa County Detention Facility Advisory Committee IT IS BY THE BOARD ORDERED that Mrs. Diana Patrick is APPOINTED as the representative of the National Association for the Advancement of Colored People, 729 South l4th Street, Richmond, California, 94804, to the Detention Facility Advisory Committee. She will be replacing Dr. Gearld Holbert who is no longer available to serve on the Comittee. This is in accordance with the letter of January 14, 1977 from Matthew M. Barnes, Presi- dent, Richmond Branch NAACP. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the data aforesaid. Orig: Public Works wdnm my hoed and the Saoi of the Board of supervisors cc: Diana Patrick affixed this 8th day of February . 19 77 County Auditor-Controller County Administrator , R. OLSSON, Clerk Public Information Officer J B Deputy Clark Vax: ne M. Neuf 1d H-24 3/76!Sm 00500 . In the Board of Supervisors of Contra Costa County, State of California ti Aphrteary R 19'77 . l t In the Matter of Exoneration of Bonds and Refund , of Cash Deposit, Subdivision MS 65-74, E1 Sobrante Area. The Board of Supervisors on January 25, 1977 approved a Road Improvement Agreement with Westwood Associates for the completion of improvements oa the property covered by Development Permit 3011-76_ Security to guarantee the completion of road and street improvements- accompanied said Road Improvement Agreement in the form of a Surety Bond (No. 2597402) issued by Safeco Insurance Company of America with Westwood Associates, a limited partnership as principal, in the amount of $97,300.00 for FAithful Performance and $97,800 for Labor and Materials. A cash deposit (Auditor's Deposit Permit Detail No. 141448, dated November 11, 1976) in the amount of $500.00 also accompanied said Agreement. The aforesaid Surety Bonds and Cash Deposit replaced the Improvement Security Bond (No. N.B.675582) issued by the Home Indemnity Company in the amount of $89,600.00 for Faithful Performance and $90,100 for Labor and Materials and the $500.00 cash deposit (Deposit Permit Detail No. 120354 dated September 27, 1974) deposited by Meadow Woods Apartments, as part of the agreement approved by the Board of Supervisors on September 30, 1974 for Minor Subdivision 65-74. The Public Works Director, having recommended that the Improvement Security Bond (No. N.B.675582) issued by the Home Indemnity Company be exonerated and the $500.00 cash deposit (Deposit Permit Detail No. 120354 dated September 27, 1974) be refunded to Meadow Woods Apartments; - IT IS BY THE BOARD ORDERED that Security Bond (No. N.B.675582) issued by the Home Indemnity Company in the amount of $89,600 for Faithful Performance and $90,100 for Labor and Materials which accompanied the agreement. for Minor Subdivision 65-74 is exonerated; and IT IS BY THE BOARD ALSO ORDERED that the Public Works Director refund the $500.00 cash deposit (Deposit Permit Detail No. 120354, dated September 27, 1974) to Meadow Woods Apartments. PASSED BY THE BOARD on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered an the minutes of said Board of Supervisors on the date aforesaid. Originating Department: Witness my hand and the Seal of the Board of Public Works Supervisors Land Development Division ofnxed this 8th day of February 1977 CC: Public liarks Director J. R. OLSSON, Clerk c+/odow DuffeldFinancial n&s By Deputy Uerk Construction Company / Jean L. HillIer 2280 Diamond Boulevard Concord, California 94520 H-23 3/76 15m 00501 In the Board of Supervisors of Contra Costa County, State of California February 8 , 1977 In the Matter of Approval of Consulting Services Agreement with Woodward-Clyde Consultants, Oakland, California (Work Order 5269-926) The Board of Supervisors AUTHORIZES the Public Works Director to execute a Consulting Services Agreement with Woodward-Clyde Consultants, Oakland, California. The Agreement is for a Final Soils Investigation of. the Detention Facility Site in the County Civic Center. The Agreement provides for a payment maximum of $12,500 which shall not be exceeded without written authorization by the Public Works Director. PASSED by the Board on February 8, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said hoard of Supervisors an the date aforesaid. Orig. Dept: Public Works Witness my hand and the Seal of the Board of cc: County Administrator Supervisors County Counsel ci ixed this 8th day of February . 19 77 County Auditor-Controller ' Woodward-Clyde Consultants (via P.W.) J. R. OLSSON, Clerk Public Works Director . . By moi`[ 6 Deputy Clerk Jew L UMV H-24 3P615m -00502 l In the Board of Supervisors of Contra Costa County, State of California February 8 . 19 77 In the Matter of Approving Addendum No. 1 to the Construction Documents for the Fire Safety Alterations at the Contra Costa County Jail, Martinez. (1003-097-7710-710). The Board of Supervisors APPROVES Addendum No. 1 to the plans and specifications for Fire Safety Alterations at the Contra Costa County Jail, 650 Pine Street, Martinez, said Addendum to provide for minor changes and clarifications to the contract documents which will not affect the Architect's estimate of cost. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and cored copy of an order entered on the minutes of said Board of Supervisors on the dote ofores d. Originator: Public Works Dept. Witness my bond and the Sed of the board of (Bldgs & Grnds) Supervisors cc: Public Works Dept. affixed thisRtb day of February . 19 77 Agenda Clerk Building Projects J. R. OtSSON, Clerk County Auditor-Controller by , Deputy Cie& County Administrator JOWL-LOW Director of Planning M-24 31M 15M ADDENDUM NO. 1 TO FIRE SAFETY ALTERATION!-CONTRA COSTA COUNTY JAIL 650 PINE STREET MARTINEZ, CALIFORNIA CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT Sixth Floor- Administration Building , Martinez, California The following revisions and/or clarifications shall be made part of the contract documents and shall be taken into considerations when submitting bids. This Addendum shall be a part of the Contract Documents. NOTE: It is incumbent upon the general contractor to notify his sub-contractors and/or materials suppliers of this Addendum to the Contract Documents. ITEM NO. 1 Refer to the Specifications, Division C, Proposal. Add the following to the bottom of Page 10: "Detailed requirements of Alternate No's. 1, 2 and 3 are described in Division 1, General Requirements, Section 1C, Alternate Construction." ITEM NO. 2 Refer to the Specifications, Division C, Proposal, 2a. Alternate Bid No. 2. Change the wording in parenthesis to read as follows: "(Delete 21 lineal feet of piperail at new ramp)," -1- Mcrofiltnod with board order 00504 ITEM N0. 3 Refer to the drawings, Sheet 3, Floor Plan at Security Enclosure.. Change note to piperail on new concrete retaining wall'to read.as follows: ". New piperaii (approximately 21 lineal feet) on top of new retaining wail (see Alternate Bid No. 2)." ITEM N0. 4 Refer to the Drawings, Sheet ME-2, Mechanical/Electrical Upper Floow and.Roof Plan, add the following accessories to the emergency-generator notes: including one(1) 12 volt, 90 amphere hour starting battery< and one (1) ITP-30-24C (12 volt) Automatic Battery'Charger." -2- M C C In the Board of &"rvisors of Contra Costa County, State of California February 8 ,19 77 In the Mager of Request for parking and traffic circulation study, Danville area. The Board having received a January 26, 1977 letter from Pir. Ben Samuels, Chairman, San Ramon Valley Commercial Development Committee, P.O. Box 98, Danville, California 94526 requesting that the County undertake a study of the parking and traffic circulation in the downtown area of Danville; IT IS BY THE BOARD ORDERED that the aforesaid request is REFERRED to the Public works Director for report. PASSED by the Board on February 8, 1977. I hereby certify that the forepoinp fs a true and correct copy of an order wilw. e!on the minutes of said Board of Supervisors on the date aforesaid. — Witness my hand and"Soul of"Board of cc: San Ramon Valley CommercialSuPe^'b Development Committee affixed this 8th day of February . 19 M Public Works Director County Administrator J. R. OLSSON, t:Mrk By, "J G.'���, �L( . Do"Cork Helen C. Marshall H-24 3/76 15m 00506 C � In the Board of Supervisors of Contra Costa County, State of Colifomia February 8 , 19 77 In the!Matter of Contract Amendment #26-010-6 with United Council of Spanish Speaking Organizations, Inc. for transportation services for Medical Services IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute Contract Amendment #26-010-6 with United Council of Spanish Speaking Organizations, Inc. for correction of the Payment Provisions of Contract #26-010-5 for transpor- tation services for Medical Services to be effective January 1, 1977. PASSED BY THE BOARD on February 8, 1977. 1 hereby certify that the foregoing is a true and correct aspy of on order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: Human Resources Agency Mimes my hoed and the Seal of the Board of Attn: Contracts S Grants Unit Super4hors cc: County Administrator affixed this 8th day of February _ 19 77 County Auditor-Controller County Medical Services J• R. OLSSON. Ckrk Contractor - Sy Deputy Clerk Maxine M. Neufe EH:dg H-24 3/76 t5m w 00507 1 CWITRACT AyMIXia-N7 AGRE -1017 (Contra Costa County Human Resources Agency) Humber 2 0 1. Identification of Contract to be Amended. Number: 26-010-5 Department: Medical Services Subject: Transportation of patients for County medical facilities Effective-Date of Contract: November 1, 1976 2. Parties_ The County of Contra Costa California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: UNITED COUNCIL OF SPANISH SPEAKING ORGANIZATIONS, INC. Capacity: Nonprofit California Corporation Address- 829 Hain Street, Martinez, California 94553 3. Amendment Date. The effective date of this Contract Amendment Agreement is January 1, 1977 4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications^ attached hereto which are incorporated herein by reference. 5. Legal Authority. This Contract Amendment Agreement is entered into under and subject to the following legal authorities: Health and Safety Code 1443. 6. Signatures.- - These signatures attest the parties' agreement hereto. CO P1 CO` ! COSTA, RNIA CONTRACTOR �f - i B _.. y Chairman, Board o Su ervisors Designate off2cial capacity in=business Attest: .J. R. Olsson, County Clerk and affix corporation seal) (� State of California ) By County of Contra Costa ) Deputy ACKNO:iLEDG11ENT (CC 1190.1) The person signing above for Contractor Recomnended by Human Resources Agency known to me in those individual and business capacities, personally appeared afore me today and acknowledged that he/ By4A they signed it and that the corporation Designee or partnership named above executed the within instrument pursuant to its bylaws or a resolution of its board of directors. Form Approved: County Counsel Dated: �L -Z� /9 7,7 Rosemary Matossian Deputy Deputy County C?ars 00508 Microfilmed with board order AMENM ENT SPECIFICATIONS Humber 26 " 010 ,-- - Payment 10 -Payment Provisions, paragraph 1. (Payment Amounts) is amended by substitution of the following paragraph: "Subject to the Payment Limit of this Contract and subject to the Payment Provisions, County will pay Contractor the following fee: [X] b. $10.99 per unit, as defined in the Service Plan." The words "not to exceed $13,109 monthly (1/12 contract payment limit)" are hereby deleted. All other parts of said contract remain unchanged and in effect. Contractor County Dept. i t 00509 C C In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 77 In the Matter of Completion of Private Improvements in Ninor Subdivision 223-72, Lafayette Area. The Director of Badldiag Inspection having notified this Board of the completion of private improvements in 1$nor Subdivision 223-72, Lafayette area, as provided in the agreement with Richard Locati, 1226 Yoodborough Road, Lafayette, Ca 94$49, approved by this Board on Nay 8, 1973; IT IS BY THM BORED that the private improvements in said minor subdivision are hereby ACCEPTED as complete. IT IS Br THE BOARD FURTHER OIC that Surety Barad No. EX4,i36205, in the amount of S4,000, issued by Balboa Insurance Company, is hereby E DUMATSD. PASS» by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the dote aforesaid. cc: R. Locati — Wittms my hand and the Seal of the Board of Building Inspection (2) Supervisors af;xed this8th day of February , 1977 //�� J. R. OLSSON, Clerk By�lL7716t� �e&-^ Deputy Clerk Jamie L. Johnson H-24 3/76]Sm 00510 r . C In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 77 In the Matter of Approval of Agreement for Private improvements in lanor Subdivision 25-76, Lafayette Area. 1JESEM an agreement with Hay Pools Canstructim Company, 3363 mcGraw Lane, Lafayette, Ca 94549, for the Installation. and ca�- pletim of private improvements in Minor Subdivision 25-76, Lafayette area, has been presented to this Board; and WEEMS said Agreement is accompanied by a Surety Band No. Oi}346-255 91 iu the amount of $15,108.40 issued by American Fidelity Fire Insurance Company, for the full amount of the costs for completion of the improvements required by the Board of Adjustment in approval of the above Minor Subdivision; plus Payment Band in the amount of 5x5,608.40 as required by Section 66499.3(b) of the Subdi- vision Hap Act. NOW, TH1070 E, on the recomaeadatiaa of the Director of Building Inspectim, IT IS Br THS BOARD Oiiili M that said Agreeaent is APPROVED and the Chairman is AUTHORIZED to execute same on behalf of the County. PASSM by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and correct Dopy of an order w-hm d on the minutes of sold Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: May Pools Construction Co. supffviw,a Balding Inspection (2) affixed this 8th day of Fahrua y . 19 ZZ J. R. OLSSON, Clerk Doh Clef& Jamie L. Johnson H-24 3Nu hsw 00511 14I110R SUUDIVISIO11 ARltl:.':-MIrt (51) Ulnor Subdivision: (51) Subdivider:33ieMad ,nsor icae l Co. (Private Improvements) b McbRAW LAW LAM Cd_ ' (§1) Effective Date: 62) Completion Period: oa= (S3) 'Deposit: (faithful perf.)S 124"0 .40�a 1. Parties & Dec. Effective on the above date, the County of Contra Costa, California, hereinafter called °County", and the itbove- named Subdivider, mutually promise and agree aT- ollows concernInG this subdivision: 2. Improvements. Subdivider shall construct, Install and complete private road and street 1cproveaents, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, .especially Title 9 and including future amendments, and all improvements required in the approved parcel map improvement plan of this subdivision on file in the County's Building Inspection Depa_-trent. ' Subdivider shall complete this work. and ir..aroverents (hereinafter called "work" within the above completion period from date hereof as required by Section 922-4.808 of the County Ordinance Code, in a good workmanlike manner, in accordance with accepted construction practices and in a .:aanner equal or superior to the-requirements of the County Ordinance Code and rulings made thereunder; and where there is a con- flict between the in-provement plan and the County Ordinance Code, the stricter requirements shall govern. 3. I!Rrovement Security. Upon executing this agreement, Subdivider shall, in accordance uith Section 922-4.604 (3) of the County Ordi- nance Code, deposit as security with the County at least the above- specified amount, rhich is the total estimated cost of the work, in the fors of a cash deposit, a certified or eashler's check., or ar. acceptable corporate surety bond, guaranteeing his faithful perfor- mance of this agreement. 4. Indemnity. Subdivider shall hold harmlass and indemnity the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the'County, and its special districts, elective and appointive boards., commissions, officers, agents and ecployees; B - The liabilities protected against are any liability or claim for damage of any Rind allegedly suffered, incurred or threatened. because of actions defined below , and including personal injury, •death, property damage, inverse condemnation, or any cor.,bination of these, and regardless of whether or not such liability, claim or dar..are wad unforeseeable at any time before the County approved the parcel cap improvement plan or accepted the icprovements as completed, and Including the defense of any suit(s), actions) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-neg;lig;ent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; _ D - ftn-Conditlens: ^she promise and ag•eer:ent in thin section is not conditioned o: dopendent on whether or not any Indemnitee has prepared, supplied, or approved any plan(s) or specification(s) in connection with this t:ork or su:,di:•icio:., or has insurance or other _Inder-nification cc:•:-:-3:::, any of these renters, or that the alleged danag a reaulted p rl.l i from any neg;lir. nt or willful misconduct of an; Indemnitee. 5. Co::ts. Subdivider shall pry when due all the costs or the work, 1rcl•ud_r:j; i:::;:LciSt::.: t:=red: and re?o at'l- :g; es3stir.0 utilitiec required thereby. 6. llonperrormanre and Cunt.. If Subdivider fails to complete the w01•1: :1111 1:•j8M&V0-6:.-A.t=- UlLhin the ti:::e s1,cecified in this art-cement or extranzlo:t:. 1:rut,teu, County t:::;• proceed Lo eocplete then by contract &Vcrorfti d v::u1 W-a d ordr -1- 00512 or otherwise, and Subdivider shall pay the costs and charges there- for inmediately' upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys" fees, costa of suit, and all other expenses of litigation incurred by County in connection therewith. ' 7. Assirnment. If before these Improvements are completed this minor subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them... 8. Warrznty. Subdivider warrants that the said improvement plan is adequate to accomplish this work as promised in Section 2; and if, at any tire before the County's acceptance of the improvements as complete, the improvement plan proves to be inadequate in any respect, Subdivider shall make changes necessary to accomplish the work as promised. 9. Ito Waiver by County. Inspection a, the work, and/or materials, or approval o: Mort: and/or materials inspected, or statement by any officer, agent or em-ployee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages arising from the failure to comply with any of the terns and conditions hereof. 10. Record Map. I consideration hereof; County shall accept said ' par 1 m" for link with the County Recorder. UI C .A SUBDIVIDE. • (see no below) y r . Chairman, Board upervisors , [ 1r:. W. B=-7=3 ATTEST: J. R. OI„SOII, County Clerk By & ex officio Clerk of the Board D sitnate (ficial capac / in the b nese) By,,_ __ Ge, Note to Subdivider: (1) Execute Jamie L. Johnson Deputy acknowledgment fore belo.,:; and (2) If a corporation, attach a certified copy of (a) the by-laws or (b) the resolution of the Noard of Director, authorizing execution of this contract and of the bonds required hereby. f f f f f f # * f f f f a * f a * * * f f * * f f * f State of C i orn ) (Acknowledgment by Corporation, County of ) ss' Partnership or Individual) . On J - , the person(s) whose namit(s) is/are signed • •ove f6r Subdivider and who is known to me to be the-individ- ual and offs er or'partner as stated above r:ho simed this instrument, and ackno::ledCed to re that he executed it and that th corporation or partnership named ataove executed it. i%S ADJTAQ4ERNEY 101111 PUJIIj-"LIf0 84ie ; CONTRA C..ST..COUNTY :9-- MMhM=�'�'"'"0r°M sus _1 I!o ry . de- ubl'c for said Count, and :;tst.e (_ora oporoved b�• .^.o:s►ty Counsel)(1-1/76) F I L E D (CCC Std. Forza; Rev. 12/711) -2- FEB 8 1977 " 4513 ANcrofelmed vAth booM wdet I�OLMOM CLERK OF stimmnsons aoammr .Cao. c In the Board of Supervisors of Contra Costa County, State of California February 8 1977 In the Matter of Approval of Agreement for installation of Private Improve- meats in Minor Subdivision 20-76, Walnut Creek Area. WHEMM an agreement with Louis L. Johnson, 4413 Shellbark. Court, Concord, Ca for the installation and completion of private im;a ovements in DSnor Subdivision 20-76, Walnut Creek area, has been presented to this Board; and WEME said agreement is accompanied by Surety Band No. 5260-96-52 in the amount of $7,100 issued by Transamerica Insurance Company, for the dill amount of the costs for completion of the im- provements required by the Board of Adjustment in approval of the above Minor Subdivision; plus Payment Band in the avotunI of $3,550 re- quired by Section 66499.3(b) of the Subdivision Map Act. NOW, THEW=t on the recommendation of the Director of Building Inspection, IT IS BY TM BOARD that said agreement is APPRDVED and the Chairman is AUTHORIZED to execute save on behalf of the County. PASSED by the Board an February 8, 1977. I hereby certify that the foregoing h a true and correct copy of an order entered on'" minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Louis L. Jobnson Supervisors nlding Inspection (2) affixed this8th day of February 19 77 J. R. OLSSON, Clerk By 4 �+/ .l . Deputy Clerk Jamie L. Johnson H-24 3/76 lSm - 00514 ti MIIIOR SDDDT_VISIOII AG?FFI: T;li M) Minor Subdivision: (31) Subdivider: Loxes L. oetae.-,.J (Private Improvements) 4413 x5*e5LL 0*aK_Ct C=",-map, C.t 01) Effective Date: (52) Completion Period: a (53) Deposit: (faithful pert.)S 7lao-oo (payment) $ 1. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Imnrovemerxts. Subdivider shall construct, install and complete private road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Title 9 and including future amendments, and all improvements required in the approved parcel map improvement plan of this subdivision on file in the County's Building Inspection Department. ' Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required- by Section 922-4.808 of the County Ordinance Code,' in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thbreunder; and where there is a con- flict between the improvement plan and the County Ordinance Code, the stricter requirements shall govern. 3. Improvement Security. Upon executing this agreement, Subdivider shall, in accordance e.,ith Section 922-4.604 (3) of the County Ordi- nance Code, deposit as security with the County at least the above- specified amount, which is the total estimated cost of the work, in the fora of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful perfor- mance of this agreement. 4. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and erployees; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below , and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the parcel map improvement plan or accepted the improvements as completed, and including the defense of any suit(s), action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Nor.-Conditions: The promise and agreement in this section is not conditioned or dependent on %-hether or not any Indermitee has prepared, supplied, or approved an, plans) or specification(s) in _ connection with this--work or subdivisions or has insurance or other indemnification covering any of these matters, or that the alleged danaRe resulted partly from any negligent or willful misconduct of any Indemnitee. 5• Costs. Subdivider shall pay hien due all the costs of the work, includinC inspectiens thereof and re locating existing utilities required thereby. 6. ilonnerformance and Costs. If Subdivider fails to complete the worlc and improvements tiriLhin the time specified in this aErcement or extensions granted, County may proceed to cor_.nletea then, by contract Microfilmed v:ith board order -1` 0051:1 or otherwise, and Subdivider shall pay the costs and charges there- for im^ediately' upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 7. Assirnment. If before these improvements are completed this minor subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing thea. 8. Uarranty. Subdivider warrants that the said improvement plan is adequate to accomplish this work as promised in Section 2; and if, at any time before the County's acceptance of the improvements as complete, the improvement plan proves to be inadequate in any respect, Subdivider shall make-changes necessary to accomplish the work as promised. 9. No Waiver by County. Inspection of the work and/or materials, or approval of wore: and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts,. shall not relieve the Subdivider of his obligation to fulfill this cntract as prescribed; nor shall the County be thereby estopped from bringing any action for dawages aris�inC from the failure to comply with any of the terms and conditions hereof. 10. Record I4ap. In consideration hereof, County shall accept said parcel /�map for f ing with the County Recorder. COUNTI.,/0 COS AMMD VIDER: (see note below) 4Chl�Z�--�ard of pervisors W, N. Boggess ATTEST: J. R. OLSS02I, County Clerk By & ex officio Clerk of the Board Designate official capacity 1n the business) By Note to Subdivider: (1) Execute Ff J Etas Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the by-laws FEB 8 1977 or (b) the resolution of the Board of Directors, authorizin- y t oissoN execution of this contract anti CLMK 50AM OF SUPUMSM of the bonds required hereby. State of California_ ) (Acknowledgment by Corporation, County of&)*ALbs, 1. ) ss.. Partnership or Individual) On —14/7Gtjt-V - , /�77 , the pe on(s) whose nar,.e(s) is/are signed above for r Subdivider and who is . owner tee' to be the individ- _ ual and officer or partner as stated abov rho si this instrument, and ac::no:rledged to re that he execute i and . at t/,-0- V e corporation or partnership nar_ed above executed it. [NOTARIAL SEAL Rotary Public for said County and State (Fort approved by County Counsel 11/76) OEFtcta[. M. FICIAL-OLSs (CCC Std. Porn; Rev. 12/74) _ N s MJB:bw —2— NOTARY PUBLIC-CALIFORNIA= f`7u ar-M in Contq Crib County = L WC I-&*ftXW.14.IM ? 00516 c � In the Board of Supervisors of Contra Costa County, State of Colifomia February 8 . 1977 In the Matter of Approval of Agreement for installation of private improvements in Minor Subdivision 104-76,, Walnut Creek Area. WHEREAS an agreement with Leslie k Terry Cmrtis, 1552 Arbutus Drive, Walnut Creek, Ca 94595r for the Installation and completion of private improvements in Minor Subdivision 101,76, Walnut Creek area, has been presented to this Board; and WHEEM said agreement is accompanied by a'cash bond in the amount of $1,60.00 (Building Inspection Department Receipt No. 134802 dated January 25, 1977) for the fail amount of the costa for completion of the improvements required by the Board of Adjusbwat in approval of the above Minor Subdivision; plus the ammsmt of $230.00 (Building Inspec- tion Department Receipt No. 134802 dated January 25, 1977) required by Section 66499.3(b) of the Subdivision Map Act. NOW, Ste, on the recommendation of the Director of Building Inspection, IT 15 IDC SSS BOARD ORlR3RED that said agreement is APPROVED and the Chairman is AUnORI2SD to execute same on behalf of the County. PASSED by the Board on February 8, 19-77. I hereby certify that the foregoing is a true and correct copy of our order entered on dw minutes of sold Board of Supervisors on the date aforesaid. __- Witness my hand and the Seal of the Board of cc: Terry Curtis Supe Building Inspection (2) mixed Sth clay of February . 19 77 J. R. OISSON, Clerk By�/ltrlX.(l�� .Svlrr-y, . Deputy Clerk Jamie L. Johnson H.24 3176 nem 00517 J_. MINOR SUBDIVISION AGREF i.:i'i' (§1) ;sinor Subdivision: (§1) Subdivider: f evi..S (Private Improvements) / S (�,v ' (§1) Effective Date: �S (§2) Completion Period: .vim ERQ (§3) 'Deposit: (faithful perf.)$ • ent bond) $ _rte Z 92W/77 1. Parties & Date. Effective on the abovfdate. the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete private road and street improvements, tract drainage, street signs, f e , and all improvements as required by the County Ordinance Code, .especially Title 9 and including future amendments, and all improvements required in the approved parcel map improvement .plan of this subdivision on file in the County's Building Inspection Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by Section 922-4.808 of the County Ordinance Code, in a good workmanlike manner, in accordance with accepted construction practices and in a .manner equal or superior to the•requirements of the County Ordinance Code and rulings made thereunder; and where them is a con- flict between the improvement plan and the County Ordiance Code, the stricter requirements shall govern. 3. Improvement_ Securi_ty. Upon executing this agreement, Subdivider shall, in accordance with Section 922-4.604 (3) of the County Ordi- nance Code, deposit as security with the County at least the above- specified amount, which is the total estimated cost of the work, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful perfor- mance of this agreement. 4. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its 'special districts, elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim for danage of any kind allegedly suffered, incurred or threatened because of actions defined below , and including personal injury, death, property damage, inverse conderm- arion, or any combination of these, and- regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the parcel map improvement plan or accepted the i=rovements as completed, and including the defense of any suit(s), action(s) or other proceeding(s) concerning these; C - The actions causing; liability are a�y act or omission (reEli- gent or non-negligent) in connection with the scatters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - i:on-Conditions: The proni.se and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or approved any plan(s) or specifications) in connection With this work or subdivision, or has insurance or other indemnification coverine; any of these rltters, or that the alleged damage resulted partly from any negligent or willful misconduct of any Indernitee. 5. Costs. Subdivider shall pay when due all the costs of the work, ircludinC in3pectionz thereof and relocat ng existing utilities required thereby. 6. Nonnerfernance and Corts. If Subdivider fails to complete the work and I::-prvvecetiL; rritain the time specified In this aj.reer.ent or extensions granted, County may proceed to cor:lete then by contract Microfilmed vriih bx:d ordY -1- �051� t or otherwise, and Subdivider shall pay the costs and charges-there- for i=ediately upon demand. If County sues to compel performance of this agreement or recover the cost .of completing the improvements, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ' 7. Assi�. If before these improvements are completed this minor subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing thew. 8. ldarranty. Subdivider warrants that the said improvement plan is adequate to accomplish this work as promised in Section 2; and if, at any time before the County's acceptance of the improvements as complete, the improvement plan proves to be inadequate in any respect, Subdivider shall make changes necessary to accomplish the work as , promised. 9. No Waiver by County. Inspection of the work and/or materials, or approval o: wort: and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages arising from the failure to comply With any of the terms and conditions hereof. 10. Record Idap. In consideration hereof, County shall accept said parcel map for filing with the County Recorder. COUNTY 0,41 COSTA SUBDIVIDER: (see.note below) By C a n, Board o upe s Wt 14. Boggess ATTEST: J. R. OLSSON, County Clerk By ' & ex officio Clerk of the Board Designate official capacity in the business) By%,ja,,� Note to Subdivider: (1)'Execute Jamie L. Johnson Deputy acknowledgment forra below; and (2) If a corporation, attach a F I E D certified copy of (a) the by-laws or (b) the resolution of the Board of Directors, authorizing FES 8 1977 execution of this contract and of the bonds required hereby. CLM BOAM o W.atv um S A P&' 1 G4 _ ) ss� (Acknowledgment by Corporation, County of ) Partnership or Individual) Ontc.n<c�y. QT t417 , the person(s) whose name(s) is/are si . 'd above for Subdivider and who is known to me 'to be the-individ- ual and officer or partner as stated above who sil;ned this instrument, and ac:.noieledged to me that he executed it and that the corporatic:i or partnership vaned above executed it. [NOTARIAL SEAL] Notary 'Public for said County andhSt,ace (Form approved by County Co=sel ].1/76) ♦N♦N NNNN♦N♦...♦..♦..... (CCC Std. Form; Rev. 12/74) 0MOA SZAL MJB•bw -2- �� ELSIE ELLEN SANCHEZ; • ♦ NOTMY MMUC-CAi'%4liHM KTITM*41� CMC ♦ my='ti!CE COUNTY � eyr co! issm Wim:Ia:a 4,LE 00519 c c In the Board of Supervisors of Contra Costa County, State of California February 8 .19 77 In the AAaffw of Approval of Agreement for - Private Improvements in Kinor Subdivision 109-76, Lafayette Area WME an agreemont with Richard Kram, 1744 Reliez Valley Road, Lafayette, Ca 94549, for the installatian and cospletim of private improvements in !Einar Subdivision 109-76, Lafayette area, has been presented to this Board; and VIM said agreement is accompanied by a Surety Board No. MOM in the amount of !4,000 issued by Indiana Banding and Surety Company, for the full amount of the costs for camp2etim of the improvements required by the Board of Adjustment in approval of the above Kinor Subdivision; plus Payment Bond in the amount of s4,0o0 as required by Section 66499.3(b) of the Subdivision Kap.Act. NOW, RBIREFORS, on the recommendation of the Director of Building Inspection, IT IS BY TO BOARD ORDiiM that said agreement is APPROVED and the Chairman is AUTHORIZED to execute same on behalf of the County. PASSED by the Board anFebruary 8, 1977. 1 hereby certify that the foregoing is a tea and coned copy of on order entered on the minutes of said Board of Supervisors on the date afannakL Witness my hand and the Seal of the Board of cc: Richard Hasan superwimn Building Inspection (2) affixed "8th dav of February , 19 .L7 �nn // J. R. OLSSON, Clerk Bye a<.o a-x - Deputy Clerk Jamie L. Johnson H-2436 ism 0020 ?I110r SUBDIVISION aGRF.fiRF.lJ. (31) Minor Subdiv -ion: (51) Subdivider: (Private Improvements) 174 Qaaez VA'"a'XQAn Uy. CA. (51) Effective Date: (;2) Completion Period: On e (ria) Deposit: (faithful pert.)$ o,&c) S A9W Ott 1. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- A_ named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Im-provements. Subdivider shall construct, install and complete private road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Title 9 and including future amendments, and all improvements required in the approved parcel map improvement plan of this subdivision on file in the County's Building Inspection Department. _ Subdivider shall complete this work and ir_+rovements (hereinafter called ":orf:" within the above completion period from date hereof as required- by Section 922-4.808 of the County Ordinance Code,' in a goon workmanlike manner, in accordance with accep=ted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a con- flict between the i-mrovement plan and the County Ordinance Code, the stricter requirements shall goverA. 3. Improvement Security. Upon executing this agreement, Subdivider shall, in accordance with Section 922-4.604 (3) of the County Ordi- nance Code, deposit as security with the County at least the above- specified amount, which is the total estimated cost of the work, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful perfor- mance of this agreement. 4. Indennity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A -: The indemnitees benefited and protected by this promise are the Count, and its special districts, elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim for damage of any k-'nd allegedly suffered, incurred or threatened because of actions defined below r and including personal injury, death, property damage, inverse condemnation, or any cowbination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the parcel map improvement plan or accepted the improvements as cocpleted, and including'the defense of any suit(s), action(s) or other proceeding(s) concerning these; C - The actions causing* liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to t:^:e Subdivider, contractor, subcontrac- tor, or any officer, agent or e,-mloyee of one or more of them; D - lion-Conditions: The pro-ise and a Sreement in this section is not conditioned or dependent on r:hether or not any Indemnitee has prepared, supplied, or approved any plan(s) or specification(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these rs.•ttters, or that the alleged danare resulted partly from any negligent or willful misconduct of any Indemnitee. 5. Co::ts. Subdivider shall pay when due all the costs of the wort- including in pectlens thereof and re locatIng existing Utilities required thereby. 6. Nonperformance and Corts. If Subdivider fails to complete the work and Improver.ents ulthin the time specified in this agreement or extensions granted, County may proceed to complete them. by contract -Z- Microfitm°d r:ilb board order 00521 or otherwise, and Subdivider shall pay the costs and charges there- for ir=ediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvemaents, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 7. Ass_ ignr.ent. If before these imrrovements are completed this minor subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securins. theca. 8. Warranty. Subdivider warrants that the said improvement plan is adequate to accomplish this work as promised in Section 2; and if, at any time before the County's acceptance of the i�—rovements as complete, the improvement plan proves to be inadequate in any respect, Subdivider shall make changes necessary to accomplish the work as promised. 9. Ho Waiver by County. Inspection of the work and/or materials, or approval of work and/o: materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements bf, this agreement, or acceptance of the whole o: any part of-said work and/or =aterials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages arising from the failure to comely with any of the terms and conditions hereof. 10. Record Map. In consideration hereof, County shall accept said parcel chap for, filing with the County Recorder. COU14T OF '0?' COSTA SUBDIVIDER: (see note below) By Ddfi:rhali, Board of Sup or / W= Bo99e � ATTEST:. J. R. OLSSOII, County Clerk By6f� 441L, & ex officio Clerk of the Board Desi to f1_cial capacity in the business) By� dote to Subdivide_: (1) Execute Deputy acknowledgment mora below; and oMcMm, �pq p (2) If a corporation, attach a CaMZA certified copy of ir (a) the by-las SEAL NOTARYvusue-C&UFORM%A or (b) the revolution of the ..c COUNTY of or AUWEDA " Dvard of Directors, authorizing execution of this contract and of the bonds required hereby. State of California ) (Acknowledgment by Corporation, County of Alameda ) ss' Partnership or individual) On January 24, 1977 , the person(s) whose nares) is/are sifned above for Subdivider and who is known to me 'to be the individ- ual and officer or partner as stated above who summed this instrument, and ach or:ledeed to me that he executed it and that the corporation o: partnership named above executed-it. (NOTARIAL SEAL] Linda D. Cardoza Notary Public for said ''tate (Fb= approved by County Comsmsel 11/76) ' L E D (CCC Std. Forma; Rev. 12/74) F MJB:bw -2- FEB 8 1977 0522 iOWN C=DO^=Or w MAIM C � In the Board of Supervisors of Contra Costa County, State of California February 8 ,19 77 In the Matter of Designating the County Health Officer as` Ambulance Permit Officer The County Administrator having advised the Board that the Ambulance Regulation Ordinance (No. 70-77) designates. the County Administrator as the Ambulance Permit Officer and that his over- all organizational review of County operations shows that placement of this function in the Health Department is appropriate; and The Director, Human Resources Agency, after review of this matter with the Health Officer, having concurred in the transfer of Ambulance Permit Officer functions from the County Administrator to the Health Officer; Now, therefore, IT IS BY THE BOARD ORDERED that the transfer of Ambulance Permit Officer functions specified under the Ambulance Regulation Ordinance (No. 70-77) from the County Administrator to the County Health Officeris hereby APPROVED and County Counsel is DIRECTED to prepare the necessary ordinance amendment. Passed by the Board on February 8, 1977. 1 hereby certify that the foregoing h a true and cornet a W of on order entero_d on the minutes of said Board of Supervisors on the date oforesakL Orig: Administrator- W*wss my hand and"Seal of the Board of cc: Human Resources Director Health Officer wed thb8th day ciFebruary , 1977 County Counsel J. fl. OLSSON, Clark By Do"Clark Marne M. Ne e d H-24 317615m 00523 In the Board of Supervisors r of Contra Costa County, State of California February 8 , 19 ZL In the Matter of Expense Reimbursement for Members of the Contra Costa County Drug Abuse Board. The Board on January 2% 1977 referred to its Internal / Operations Committee (Supervisors E. H. Hasseltine and N. C. Fanden) the matters of alternate representatives on the Contra Costa County Drug Abuse Board serving on an informal basis and the reim- bursement of actual and necessary expenses incurred by Drug Abuse Board members incident to the performance of official duties and functions. The Committee this day advised that the County Administrator had provided information indicating that other advisory boards and commissions have authorization for reimbursement of expenses, and recommended that the Board authorize reimbursement of expenses for travel, lodging and meals for Contra Costa County Drug Abuse Board members while on official business upon prior authorization, in line with regular County policy$ effective February 9, 1977• IT IS BY THE BOARD ORDERED that the recommendation of the Internal Operations Committee is APPROVED. PASSED by the Board on February 8, 1977- I hereby gcertify ��that the fomeobnp is a true and correct Dopy of an order emend on the mcc z Board Comma ee �an the date oforosaid. Director, Human Resources hO�cod Ow seol of the Board of Agency SUPSIrvisom Contra Costa County Drug affixed this 8th day of February . 19 ZL Abuse Board County Medical Director County Auditor-Controller J. R. OLSSON, CMrk County Counsel By Deputy Cork County Administrator C g H-24 3/76,sr 00524 Thi hoard of Supervise.s COt'1tt"d <, . Costa ,� Ex ottiao Cwk oe a»&wd dounfy Administration Building Cost( tiw.,t7.ai�w tao... P.O.Boz 911 CO �' chis Clot' Martinez.California 94553 Cj`""' "1/ (ns)372-2m .Msw P.Kw+q-Ridmoo d suo+stxi<c RECEIVED _ Nlancy Q FoAdon-Mardon 2nd Oirtrict 3rd batrict -`''" " FEB g 1°11 Warim IL Do,.wa-cono«d 4th Ofstrict :FEB aLSS01! Erto K Henellim-PittW- or-SU�ERVI'04 stn OSs February 8, 1977 REPORT OF INTERNAL OPERATIONS COMMITTEE ON ESPENSE REIMBURSEMENT FOR MEMBERS OF THE DRUG ABUSE BOARD On January 25, 1977, the Board received a memorandum from the Director of the Human Resources Agency recommending that the Board implement the provisions of Section 5606.6 of the Welfare and Institutions Code which provides statutory authority for payment of actual and necessary expenses to members of county drug abuse boards. The Board referred this issue to the County Administrator for a recommendation. On February 1, 1977, the County Administrator provided the Internal Operations Committee with information indicating that. other advisory boards and commissions do have authorization for reimbursement of actual and necessary expenses. In light of this information, the Committee is now recommending that the Board approve reimbursement of actual and necessary expenses for members of the Contra Costa County Drug Abuse Board incurred incident to the performance of official duties and functions effective February 9, 1977. Reimbursable expenses should include travel, lodging and meals for Drug Abuse Board members while on official business upon prior authorization in line with regular County policy. "7 C: E. H. HASSELTINE . C. FAHDEN Supervisor, District V Supervisor, District II Amaofi;mcd with board order 00525 i • In the Board of Supervisors of Contra Costa County, State of California February 8 19 77 in the Matter of Request that Subdivision 4943, San Ramon Area, be Placed in a Public Park and Recreation Services District. The Board having received a January 26, 1977 letter from Mr. Paul Ryan, General Manager, Valley Community Services District, advising that the District Board of Directors is of the opinion that Subdivision 4943, San Ramon area, should be included in a district that can provide public park and recreation services; IT IS BY THE BOARD ORDERED that the matter is REFERRED to the County Administrator. PASSED by the Board on February 8, 1977- 1 hereby certify that the foregoing is a true and correct copy of an order a cared on the minutes of said Board of Supervisor on the date aforesaid. cc: Public Works Director 1Aldne s my hand and the Seal of dw Board of Director of Planning Supervisor County Administrator affixed this 8th day of February 19 7L Valley Community Services District J. R. OLSSON, Clerk By Deputy Clerk MariK Crai H•24 3J76 15m 0052.5 C_ In the Board of Supervisors of Contra Costa County, State of California February 8 . 19 IL In the Moose of Releasing Deposit for Subdivision HS 178-71, Danville Area. The Board on December 10, 1974 having accepted as complete the improvements for Subdivision HS 178-71, Danville area, with the exception of minor deficiencies for which $500.00 (Deposit Permit Detail Number 122012 dated December 6, 1974) was deposited which together with the $500.00 cash deposit as surety under the Subdivision Agreement (Deposit Permit Detail No. 108659 dated June 8, 1973) insured the completion of said deficiencies; and The Public Works Director having reported that the aforesaid minor deficiencies have been corrected and recommends that he be AUTHORIZED to arrange for the refund of the $1,000.00 to Liahona Christensen; IT IS BY THE BOARD ORDER ID that the recommendation of the Public Works Director is APPROVED. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing h a true and corred copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witnemy hand and the Sed of the Booed of Originating Department: ss Superv�son Public Works Land Development Division alined this Rthday of_rphri.a r 19 77 cc: Public Works Director-LD J. R. OLSSON, Clark Liahona Christensen 10 Hants Terrace By .P -o . Deputy Clerk Danville, Calif 94526 N.POUS H-24 3n6 um # In the Board of Supervisor: of Contra Costa County, State of California February 8 , lq 77 In the Matter of Contract #29-229 With the State of California Employment Development Department to Provide Public Service Employment for a WIN Participant IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute Contract #29-229 (State Registration No. 77002130) with the State of California Employment Development Department to provide public service employment for a Work Incentive (WIN) Program participant as a typist clerk in the County Health Department for the term from February 2, 1977, through October 31, 1977, with the State reimbursing the County for up to $5,660.38 in related costs, and under terms and conditions as more particularly set forth in said contract. PASSED BY THE BOARD on February 8, 1977. 1 hereby certify that the foregoinD is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: Human Resources Agency Witness my hand and the Seal of the Board of Attn: /Contracts A Grants Unit Supervisors cc: County Administrator affixed this 8th day of February 19 ZL County Auditor-Controller County Health Officer State of California J. R. OLSSON, Clerk Employment Development Dept. �- `� Deputy Cork Ma=e M. Neufeld � adi? ism 00528 "^ Registration No. ?7002130 29 -229 CONTRACT BETWEEN THE STATE OF CALIFORNIA IIZPIAYHENT DEVELOPMENT DEPARTMENT AND THE CONTRA COSTA COUN'T'Y CONTRACT FOR WORK INCENTIVE (WIN) PUBLIC SERVICE EMPLOYMENT THIS CONTRACT is made and entered into this let day of FEBRUARY 1977 , in xwimm , County of TRA COSTA State of California, by- and between the State of California through its Employment Development Depart- ment, hereinafter called the Department, and CONTRA COSTA COUNTY (for irc upa,th n T;) , hereinafter called the Employer. This agreement provides for a PUBLIC SERVICE EMPLOYMENT PROJECT (hereinafter "Project") authorized by Section 432 b)(3) of the Social Security Act (42 United States Code 632(b) 3)) and Division 2 (commencing with Section 00), of the California Unemployment Insurance Code. The parties hereby agree that: 1. The term of this contract shall be from FEBRUARY 2. 1977 through OCTOM 31. 1977 , not to exceed one year. 2. The Department shall refer individuals who are registrants under the Work Incentive Program (Title IV-C, Social Security Act), hereinafter WIN, to the Employer, who will consider them for public service employment. Employer shall employ 1 such individuals as employees, hereinafter "participants, referred to it by the Department. Employment of participants shall not conflict with any applicable collective bargaining agreement, nor shall operation of the Project result in either full or partial displacement of the " Employer's current full-time employees. If a collective bargain- ing agreement is applicable, appropriate union officials shall be informed of the hiring of the participants, and participants shall be informed of the existence of the collective bargaining agreement. 3. The Employer shall provide such supervision, safety instructions, materials, space, equipment and timely job instruction as are necessary for the operation of the Project. Where special cloth- ing or equipment is provided to the Employer's regular employees, the Employer shall provide the same type of clothing or equipment to the participants. The Employer's facilities and equipment used under this agreement shall comply with all applicable Federal, State, and local health and safety laws. DE 8306 Rev. 1 (tom-76) Microfilmed with board order 00529 - 4. The Employer shall provide the Department with-monthly written reports, on forms vapplied by the Department, for the review and evaluation of participant progress and program effectiveness. These reports shall include records of participant performance and attendance. 5. All jobs developed under this contract shall be for the work- week, the hours, the fringe benefits, and the wages prevailing for similar occupations by the same employer. The Employer shall pay to all participants a wage which shall at least be equal to the higher of the applicable State or Federal minimum wage, or the prevailing wage-for the work performed by persons in similar public occupations by the same employer. 6. The Employer shall provide workers' compensation coverage to all participants._ In no case shall the workers' compensation cover- age provided such participants be less than the coverage.provided by the Employer for its regular employees. 7. The Department or its designee and, in addition, the Secretary of Labor or his duly authorized representative have the right to observe and to monitor all the conditions and activities involved in the Project under this contract with prior permission of the Employer. Such permission shall not be withheld unreasonably. Employer shall maintain such program and fiscal records and make such program and fiscal reports as are reasonably required by the Department and shall maintain such records and reports for three years from the termination of this agreement. 8. Insofar as Rinds are available to the Department under Section 431 (a) of the Social Security Act, the Department shall reimburse the Employer a total cost which shall not exceed $ 566o.38 in Fiscal Year?&/_?7_ and not to exceed 8 0 in Fiscal Yeir ,n,�78 , the sum of which is the total amount of this contract contained in the Cost Schedule and Budget Summary, attached hereto and incorporated herein as- Attachment 1. This total shall be an amount not to exceed 100% of the Employer's costs, including the cost of coverage for fringe benefits, of employing participants, as specified in Attachment 1; provided, however, that overtime shall be paid by the Employer and shall not be a cost reimbursable under this contract. The cost of coverage for fringe benefits shall be based upon and is limited to the premium cost incurred by the Employer or, where the Employer is self-insured, the average benefit cost per employee (including non-participant employees of the Employer. In no event shall Employer incur costs reimbursable under this contract in excess of the total amount for each fiscal year as specified in this paragraph 8, nor shall the Employer be reimbursed for its costs, including the cost of coverage for fringe benefits, for any individual participant in excess of $12,000 per annum from funds made available under this contract. 9. The Employer shall maintain the confidentiality of any information regarding participants or their immediate families which may be obtained through application forms, interviews, tests, reports from -2- 00530 public agencies or counselors, or any other source. Without the permission of the Department, such information shall be divulged only as necessary for the performance or evaluation of this con- tract and to persons having responsibilities under the contract. 10. The Employer shall request reimbursement monthly within '10 days following the last payroll period of the preceding month for participants' salaries, including the costs of coverage for fringe benefits, by means of a WIN-PSE invoice form supplied by the Department. The invoice form, together with a completed Employer payroll report, shall be submitted in triplicate monthly in arrears to: EMPWYH 1T DEVEMP!'M DEPART 2126 LIDO SQUARE PiT1sBmG, CA 94565 ATTN: YIN SUMVISOR 11. This contract is subject to Title VI of'the Civil Rights Act of 1964 and the regulations issued under that title. Any service, financial aid, or other benefits to be provided under this con- tract shall be provided without discrimination because of race, color, or national origin. The Employer shall permit reasonable inspection of its records by the Department to insure compliance with this paragraph. 12. This contract may be amended only by written agreement of both parties. There are no oral understandings or agreements not incorporated herein. 13. The Department may terminate this contract at any time, upon written notice to the Employer; the Employer may terminate this contract upon ten days' written notice to the Department. In the event this contract is terminated pursuant to this paragraph, the Employer shall be paid for its actual allowable cost of pro- viding employment to Project participants in accordance with the terms of this contract prior to termination. The Employer shall submit a final invoice within 60 days following termination. 14. Employer may terminate participant(s) in accordance with its regular employment practices, but only after notifying the par- ticipant of his or her unsatisfactory performance and providing him or her with an opportunity to improve thereon; provided further, that Employer may terminate such participant(s) only after notifying the Department prior to the termination or notification of termination, whichever occurs first. 15. Any and all tools and equipment purchased by the Department for the purpose of this contract, except those items provided to the participants as uniforms, are the property of the United States Department of Labor and the State of California, Employment Development Department. Upon the termination of the agreement, the Employer shall immediately return to the Department such tools and/or equipment. -3- 00531 16. The Employer and its agents and employees (including participants) shall act in an independent capacity in the performance of this contract and not as officers or employees or agents of the Department and/or the Federal Government. In addition, the Employer and its agents and employees (including participants) shall not encumber or in any way contract on behalf of nor in the name of the Department and/or the Federal Government. 17. Employer agrees to provide permanent employment in its regular work-force, which shall be financed from funds other than funds from the WIN Program, to all participants who perform satisfac- torily in their respective work assignments after the subsidized period specified in Attachment 1. This unsubsidized employment shall be at a level of responsibility and pay comparable to that which was provided each respective participant during the period of subsidized employment under the program. It is acknowledged that there are contingencies not within the control of the Employer which would limit its ability to comply in full with this paragraph 17. Such circumstances include cases where: the participant does not perform satisfactorily on the job; funds to provide for continued employment of the participant are requested by the Employer from its appropriating authority but are not approved; the Employer places a freeze on further hiring after the contract is signed; the participant is unable to comply with Civil Service regulations which are required by law and are reasonable and appropriate to the job. However, this commitment requires all good-faith efforts to provide such unsubsidized employment-for each participant who performs satis- factorily. 18. As required by 41 Code of Federal Regulations 29-61.1(a), no individual retained or hired by the Employer has performed or will perform "representational activities" before the United States Department of Labor if such individual was formerly employed in the Office of the Assistant Secretary for Manpower, the Manpower Administration, or any subdivision thereof in a position GS 14 or above within two (2) years prior to the per- formance of such representational activity, defined to include any appearance, conversation, or other direct contact in relation to the contract with any employee of the United States Department of Tabor. Upon breach or violation of this condition, the con- tract is terminable at the option of the United States Department of Tabor without liability to the Department. 19. Every reasonable course of action will be taken by Employer in order to maintain the integrity of this expenditure of public funds and to avoid any favoritism, questionable or improper conduct. This contract will be administered in an impartial manner, free from personal, financial, or political gain. Employer, its agents and employees shall, in administering the -4- t 0OW contract, avoid situations which give rise to" a suggestion that any decision was influenced by prejudice, bias or personal gain. 20. Attachment 2, Summary of Public Service Employment Provided to Participants, is attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, this contract has been executed in quadruplicate, by and on behalf of the parties hereto, the day and year first above written. EMPLOYNT DEV OPMENT DEPARTKMT . Signature f 51gaature WIRM N. BOGCESS• '' REX C. BATCHI+7AR, JR. Printed Name Printed Name CHAIilA ' OF, THE BOARD MANAGER Title Title 659 ME STREET 2126 LIDO SQUARE MARTINEZ CA PITTSBURG, CA 94565 iPPROPED ddress a Rosemary Matossian If Employer is a public agency, a resolution, order, motion, or ordinance confirming the above certification must be attached to this agreement. Do Not writ*in This Spacit AMOUNT Or THIS ESTMATt A►/RDIn1ATIGN FORD S ORtm COma[ntD*ALAS[[ IT[m c1AITER STATYT[S II3CAL TUR S ADM.I"CREASIMIG ENCOmaR"CE rO"CTIOR S ADM.DECREASING["[Oman"[[ I LIR[ITEM A'LOTm[IIT S 1 bereby cert upon my own personal knowledge that T•G-A•.0• budgeted/uuds are available/or the period and purpose o/ the expenditure stated above. SIGNATURE Or ACCOO.TIOG OrriCEn DATE I hereby certify that all conditions for ezcmpcion sec forth in State Administrative Manual Section 1209 have been complied with and this document is exempt from review or approval by the Department of Finance. I hereby certify that all conditions for exemption have been complied with and-this contract is exempt from approval by the Department of General Services. SMGMATOME or orrICEn 31GIII"D Or ac+ALI Or TME AGt"cr FTE 00533 c Registration No. 77002130 29 - 229 AMCMMff -1 COQ.' SCSEDaI,E AND Bdwm! sumAw ONE CIM TWIST { 19 days (152 hours) at $3.96 per how (6634.00 prorated on hourly basis) _ 601.92 s. 6 months at $634.00 per month = 3804.00 Fringe Benefits at 28% Includes: medical insurance, F.I.C.A., retirement, workmen's compensation = 1233.66 Gross Wages ' _ 5639.58 1 Physical Examination t 620.80 — 2o.8o TDMAL COST = $5660.38 00534 Registration, No. 7700-11" 29 - 229 4 ATTAC MEW 2 ` SUMARY OF PUBLIC SERVICE El'D?IAYTi ' PROVIDED FOR PARTICIPAPTS List each occupation and a descriptive summary of the duties involved. Attach additional sheets as necessary. TYPIST CLERK Under supervision to perform typing and clerical work of a varied and routine nature; and to do other work as required. TYPICAL TASKS hill participate in record conversion for medical department. Mull type case histories, memoranda, reports, documents and miscellaneous forms peculiar to department assigned to. Will operate office equipment such as mimeograph and xerox as required. Will perform various filing duties as assigned either numerical or alphabetical, or both. 0053 f t In the Board of Supervisors of Contra Costa County, Stats of California February 8 1977 In the Matter of Claim for Damages. Mr. Herman C. Meyer, Attorney at Lax, 11 Embarcadero West, Oakland, California 94507 on December 27, 1976 having filed a claim for damages in the amount of $1,200,000 on- behalf -of Florence Mullins, 76 Jimno Avenue, Pittsburg, California 94S6S; IT IS BY THE BOARD ORDERED that the aforesaid claim is DENIED. PASSED by the Board on February 8, 1977. I hereby Certify that the foregahm is a true and correct Copy of an order erMered on the minutes of said Board of Supervisors on the date aforesaid. cc: Herman C. Meyer, Attorney Witness my bond and dm'Seol of the Board of for Claimant S" Public Works Director affixed this 8th&y of February _ 1977 Attn: Mr. Broatch County Counsel County Administrator �� J. R. OLSSON, Clerk By. Deputy C6& Jamie L. Johnson -2;3/76 15m 00536 I HERMAN C. MEYER, ESQ Ht*A A4ENm Mn KNELL,&KAUMMI 2 A Professional Corporation �• 11 Embarcadero West 3 Oakland,California 94607 DEC 1976 (415)763-2121 4 .axe`P"3. IROlj:W S Attorneys for Claimant eoAV or SUS. 6 7 8 CLAIM FOR DAMAGES AGAINST THE 9 COUNTY OF CONTRA COSTA 10 17 TO: COUNTY CLERK County of Contra Costa 12 P.O. Box 911 Martinez, California 94553 13 CLAIMANT'S NAME: FLORENCE KULLINS 14 CLAIMANT'S ADDRESS: 76 Jimno Avenue 15 Pittsburg, California - 16 ADDRESS TO WHICH Herman C. Meyer, Esq. NOTICES ARE TO BE SENTz HURD, MEYER & MITCHELL 17 11 Embarcadero West Oakland, California 94607 18 1 DATE OF ACCRUAL OF CLAIM: 10/29/76 19 I AMOUNT: $1,200,000.00 20 ; OTHER CIRCUMSTANCES RELATING Claimant was driving toward 21 TO ACCRUAL OF CLAIM: Concord on Rirker Pass Road in the pre-dawn hours when 22 she encountered a barrier in the number one, southbound 23 lane, causing her vehicle to swerve out of control and 24 careen from the embankment i impacting a drainage system, 25 thereby proximately causing j severe and extensive bodily I 26 injuries to claimant. The li State of California had been 00537 I 1 notified of this dangerous condition more than one hour 2 prior -to the happeping'of this accident. Claimant believes 3 that the barriers are the pro- perty of the City of Concord. 4 This portion of highway is further dangerous and defec- 5 tive• in that no barrier has been' constructed to prevent 6 vehicles such as claimant's from plummeting over the 7 cliff, a condition which has been known to. the State of g California, County of Contra Costa, and City of Concord.. 9 ITEMIZATION OF DAMAGES: Claimant received severe bodi- 10 ly injuries not limited to a commuted fracture of the 11 skull, chest bones, with in- juries to the lungs and vas- 12 cular nevous system, the full extent and nature of which is i3 unknown at this time. Claimant was further injured in her 14 health, strenth and activity sustaining injury to her body 15 and shock and injury to her nervous system and person, and 16 became sick, sore, lame and disabled, all of which said 17 injuries have caused and con- tinue to cause said claimant 18 great mental, physical and nervous pain and suffering. 19 Further, claimant was re- quired to and did employ Y0 physicians and surgeons to _ examine, treat and care for "sem her and did incur and contin- Y=`ai.ev 21 - u $g�� ues to incur medical and :n- 5 22 cidental expense. Finally, claimant was prevented from }��� 23 engaging �n her usual occu-pation and will in the future e`�: 24 be so prevented. a DATED: December 7, 1976. 25 HURD, METER & MITCHELL P 26 t, )z HER.+IAN C. MEYER 00538 In the Board of Supervisors of Contra Costa County, State of California February 8 _ 1977 In the Matter of J Claim for Damages. Nichols, Williams, Morgan and Digardi, Attorneys at Law, 616 Central Building, Oakland 12, California 94612 on January S, 1977 having filed a claim for damages in the amount of $150,000 on behalf of Mr. Roland Young, Contra Costa County Jail, Martinez, California 94553; IT IS BY THE BOARD ORDERED that the aforesaid claim is DENIED. . PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing Is a true and coned copy of an order entered an the minutes of said Board of Supervisors on the date aforesaid. cc: Nichols, Williams, Horgan Widness"'y hOnd and the Seal of the Board of 4 Digardi Supervisors Public Works Director affixed this 8th day of February - 1977 Attn: fir. Broatch County Administrator I R. OLSSON, Clerk County Sheriff-Coroner By ( � �/�/JO�� . Deputy Clerk Jamie L. Johnson H-24;/;615m 00539 FILED 1 CLAIM AGAINST Ccmu TO o:=FEW► 1af�NT A CO. 2 COUNTY OF CONTRA COSTA 3 (a) Name and address of claimant: Roland Young ( J1 Contra Costa County Jail 4 Martinez, California 5 (b) Send all notices to: 6 NICHOLS, WILLIAMS, MORGAN & DIGARDI 616 Central Building 7 Oakland 12, California 8 (c) Date of occurrence: October 29, 1976 9 Place of occurrence: Contra Costa County Jail dayroom 10 11 Circumstances of occurrence: At- approximately 3:30 to 4:30 P.M. claimant was assaulted and battered by other inmates at 12 the Contra Costa County Jail. Said assault and battery was proxi- mately caused by the careless and negligent maintenance, ownership 13 control, supervision and surveillance of the aforesaid jail and its dayroom by the Coi4nty f, ntra costa and a�gir��. emplo -- 14 (d) General description o$ inur � y, damage, or ltbss $ Splenectomy, chipped tooth, bruises, possibly other damages and 15 injuries, the full amount of which is not fully known at this time 16 17 18 (e) Amount of claim and basis of computation: 19 General damages - $150,000.00 20 Special damages - amount not fully known at this time a 21 Dated: January 3, 1977 22 NICHOLS LLIAMS, Wr�N & DICARDI 23 By PL 1w t_&P 24 Attorn slEor Cla raq, 25 NICHOLS, WILLIAMS, MORGAN & DIGARDI 26 By Attorneys for Claimant 27 28 Receipt of a copy of the within claim is hereby 29 acknowledged this day of 196 30 31 32 NICHOLS.WILLIAMS.MORGAN 3 OIGAROI ATTORNEYS AT LAW CENTRAL BUILDING 0"L.ND IL U Ircvm a 832-9406 a00540 l.0 cooc an . c c In the Board of Supervisors of Contra Costa County, State of California February 8 , 1977 In the Matter of Application to Present Late Claim for Damages. Ms. Mary-Ellen Foliart of the Lav Offices of Belli b Choulos, 722 Montgomery Street, San Francisco, California 94111 -on December 27, 1976 having filed an application to present a late claim for damages in the amount of $250,000 on behalf of Ms. Sarrah Carina, 2300 Tompkins Way, Antioch, California 94509; IT IS BY THE BOARD ORDERED that the aforesaid applica- tion for leave to present a late claim is DENIED. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the dote aforesaid. cc: Ms. Mary-Ellen Foliart Wdness my hand and the Seal of the Board of Public Works Director Supers Attn: Mr. Broatch affbted this8th day of February 19 77 County Counsel County Administrator J. R. OLSSON, Clerk By Deputy Clerk R bie tierre H-24 3/7615m 00541 IN THE MATTER OF THE APPLICATION FOR ' PERMISSION TO FILE LATE CLAIM SARRAH CARINI, Claimant ) 4� ) VD5 CITY OF ANTIOCH, COUNTYOF CONTRA COSTA,)STATEvs. OF CALIFORNIA ) 171976 7 I, - ) CLERK BOARD o. AA CMMlORS 81 I- 9 � SARRAH CARINI hereby -applies to the City Council-of the •101 City of Antioch, The Board of Supervisors of the County of• Contra lli Costa and/or the State of California,. for leave to present a--claim 121 pursuant to Government Code Section 911 et seq. 13 14 ) ..SARRAH CARINI's cause of action, as set forth-in the 15i attached paperwork, _occurred on ,September 2, 1976.on West Fourth 16 , Street in Antioch on the 400 block near the intersection of 11 West Fourth Street and F Street. Due to the fact that of the. 18 date of.this filing it is not yet ascertained whether this be a 19 city, _county or state maintained street,'-and in order to protect- 20,,! the rights of claimant herein by filing a claim as soon as possible, � 21 • we wish- to herein. give appropriate and/or- constructive notice to 22all administrative bodies that may have supervision and/or control 231'-over.said location. As soon_as' the exact administrative body is 241 ascertained, this claim will be amended._ 25 ! III. 26 ; SARRAH CARINI's reason for the delay in presenting her 27 claim is specified in the accompanying affidavit by Mary-Ellen 28 Foliart. 29 DATED: December 23, 1976. , 30 i IRELLI a CHO[JLOS 31 � By MARY-ELLEN FOLIART 32 00M2. AFFIDAVIT OF MARY-ELLEN FOLIART ' 2! I, MARY-ELLEIT FOLIART, -state the following. under penalty 3�; of-perjury: 4� 1. I am the attorney representing Claimant SARRAH • 5 CARINI. • _ 6j( 2•. At the time of the accident oh-West Fourth Street ? ; in the City of Antioch, claimant 'suffered-severe injury do her 84 right hip•arid -right ankle, which finally required hospitalization. 91Claimant was. released from the hospital on December :16, 1976, 10after contacting this.office' on December 15, 1976-,. some four days 114 after the last appropriate date to-file the 100 day administrative 12 ! claim. 33 3: Claimant -failed to file a timely administrative. 14 claim due to the above-iaentioned .physical disability. This dis- 15 ability also prevented. lirs: Carini from locating'legal counsel. 16 I• :4. In an attempt•to preserve claimant's 'rights as well' 17 as expedite .any resultant litigation, we respectfully request that 3. this 10-day late claim be considered. 19 � 1 declare that the foregoing is true and cortect.- i 20,01• Executed this 21st day. of December, 1976,. at San Francis , 211, California. 22�� l MARY- FOLIART 231 24 ASubscribed and sworn to before me_ .this 21st day of December, 1976._ 26i 27i �ucCQN Wl�p NOTARY PUBLIC 28 29 • rorr.l•y-.r,.�u11�•Il - . 30 t Cd1r 1113 L 11 lrt(� 31 Ml coal"kfsw"[sr•wr,JULY a 1972 32 00543 ' . PROPOSED CLAIM AGAINST THE CITY OF ANTIOCH$ COUNTY-OF CONTRA COSTA, STATE-OF CALIFORNIA 2,� 3� CLAIMANT'S NAME: Sarrah Carini 4=1 CLAIMANT'S ADDRESS: - 2300 Tompkins Way, . ' Antioch, California 94509 .51 - AMOUNT AMOUNT OF CLAIM: $250,000.00 ' . 61` .DATE OF ACCIDENT: September 2, 1916 7 1; - 8 � LOCATION OF ACCIDENT: The 400 block of West Fourth Street in Antioch, near the intersedtion of F Street: .9 HOW DID`ACCIDENT OCCUR: The accident occurred when claimant _ 10 � - : was crossing.the street and fell in an 'unmarked hole• near.the center of e 11 � - thstreet, approximately 1-foot deep. In reconstruction of the accident scene the only indication that the street"was under xepair " 13t .-was a yellow street repair truck. ' '• ' paikea on-the other side of the •- 14 I street. No barriers 'or warnings were apparent. $aid accident. 15 ) occurred at 5:15 p.m. 16 NAME OF PUBLIC,F.APLOYEES- Unknown at present. . ) CAUSING INJURY OR DAMAGE, 17 IF KNOWN: -•18DESCRIBE INJURY OR DAMAGE: Severe sprained anklet right'ankle', Iand severe injury to right hip 19 requiring surgery; hospitalization, _ and lack of mobility for a minimum of.three months period of time, 211, ITEMS OF DAMAGE:- Wage Loss - Unknown at present. 22�! Medical Expenses - Unknown at present General- Damages. - $200.,000.00 23 i. : . - Personal Property -Unknown at present . ". 251 -BET-LI & CHOULOS L- - 26 ; By �1� 271 flARY-EELEN FOLIART 28 29 30 32 C C In the Board of Supervisors of Contra Costa County, State of California February 8 19 77 In the Matter of Claim for damages. Mr. Joseph G. Jue, Attorney with the Lav Offices of Jue b Nelson, 1090 Montgomery Street, San Francisco, -California 94133 on December 29, 1976 having filed a claim for damages in the amount of $75,000 on behalf of Kimberlyn Eden Seybolt, 3721 Lindero Drive, Concord, California 94523; IT IS BY THE BOARD ORDERED that the aforesaid claim is DENIED. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of ae order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Jue & Nelson Witness my hand and the Seal of the Board of Public Works Director Supervisors Attn: Mr. Broatch fixed this 8thday of February 1977 County Counsel County Administrator J. R. OLSSON, Cork By 8 ie Gy�t errez Deputy Clerk H-24 3f7615m 0054) I JUE b HELSON . 1090 Montgomery Street 2 San Francisco, CA 94133 3 (415) 982-1076 4 Attorneys for Claimant KIMBERLYN EDEN SEYBOLT F L ED 5 6 LDIE9 1976 7 "SUPfINt MOSTA CG. 8 In re the Natter of the Claim of ) KINBERLYN EDEN SEYBOLT, a minor, j 9 ) 10 Claimant, ) NOTICE OF CLAIM FOR PERSONAL INJURIES ) VS. ) 3-1 ) 12 CONTRA COSTA COUNTY. ) 13 JUE 8 NELSON, Attorneys at Law, hereby present this.claim to CONTRA COSTA 14 COUNTY, pursuant to Section 910, California"Government Code, on behalf of 15 David L. Seybolt, the father of KIMBERLYN EDEN SEYBOLT, a minor. 16 1. The post office address of the Claimant is as follows: 17 KIPSERLYN EDEN SEYBOLT 3721 Lindero Drive 18 Concord, CA 94523 19 2. Notice of this claim is to be sent to the following address: 20 JUE & NELSON Attorneys at Law 21 1090 Montgomery Street 22 San Francisco, CA 94133 - 23 3. On September 22, 1976, in the school crosswalk at the inter- 24 section of Concord Boulevard and west Street, in Concord, California, Claimant 25 received personal injuries under the following circumstances: The Claimant, 26 using all due care, was riding her bicycle slowly across Concord Boulevard, 27 in the school crosswalk, in company with a friend, at approximately 3:24 p.m., 28 September 22, 1976. A car had stopped to allow the children to cross. A 29 truck, negligently driven by one bark D. Schuler, of 3712 Park Tree Court, Con- 30 cord, CA, failed to stop for the schoolchildren, and struck the Claimant at 31 approximately 35 mph, knocking her off her bicycle onto the street. 32 4. Claimant alleges that COKTRA COSTA COUNTY has, with prior notice Lar CIM"01 logo rC.Toor=I al. SAN rNANCISCO Vl1[pw 3-1074 005461 I thereof, negligently allowed a condition dangerous to the public to exist, in 2 that proper traffic control was not afforded to that busy intersection for 3 the protection of the schoolchildren forced to use that crosswalk, and that 4 there had been prior accidents at that said intersection, under similar 5 circumstances. Claimant suffered a broken nose, lacerations, abrasions, had 6 two teeth knocked out, may have other teeth damaged, has supporting alveolar 7 bone damage, injury to the soft palate, and may have other injuries, as yet 8 unascertained. 9 5, So far as it is known to JUE & NELSON, at the date of filing this 10 claim, KIMBERLYN EDEN SEYBOLT, age 12, has incurred direct medical damages 11 in the amount of $1,186.00 due to the injuries hereinabove set forth. 12 6. Claimant does not as yet know which members in the employ of 13 CONTRA COSTA COUNTY were responsible for this accident, but alleges that there 14 were such, and that the same are within the knowledge of the said entity, and 15 Claimant will amend this claim as to that particular when the same are as- 16 certained. 17 7. Claimant alleges damages in the amount of $75,000.00, computed 18 on the following basis: 19 (a) Present medicals and reports............... $ 1,186.00 20 (b) Future medicals and reportsle ................ $ 5,000.00 21 damage touture teeth, additionaldwork tobe done on nose, etc.] 22 23 (c) Pain and suffering and other related damage 24 ............ $68,814:00 Total.,...........o.... $75;000:00 25 26 Dated: December 28, 1976. 27 JUE & NELSON 28 29 By orney or ': 30 •=David yvbolt, father of KIMBER�1tN EDEN SEYBOLT, a 31 minor. 32 4M OIC—O. -2- loso rowT4or-�4r. SAM FRANCISCO VU.M.2-1074 _0097-77-7 r l In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 77 In the Mahar of Claim for Damages. Mr. Michael P. Mullen, Attorney at Lav, 1010 Oak Grove Road, Concord, California 94518 on December 30, 1976 having filed a claim for damages on behalf of Mr. William T. McCracken, 665 Appian Way, #5, B1 Sobraate, California 94803; IT IS BY THE BOARD ORDERED that the aforesaid claim is DENIED. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and corred copy of an order wowed on the minutes of said Board of Supervisors an the date aforesaid. cc: Mr. M. P. Mullen,'Attorney Wdness-my hand and thw Seal of the Board of for Claimant Supervisors Public Works Director ,affixed this 8th day of February , 19 77 Attn: Mr. Broatch County Counsel J. R. OLSSON, Clerk County Administrator By Deputy Clerk obbie i tierrez H-24 3/76 ism / p 1 MICHAEL P. MULLEN Attorney at Law 2 1010 Oak Grove Road Concord, California 94518 (415) 798-3413 4 5 Attorney for Claimant 6 FILED 8 CLAIM AGAINST PUBLIC ENTITY � .3 Ozf#'_ .9 1 R PZONOMW F SUiEiNWM, 10 CO. 11 In the Matter of the Claim of ) 12 WILLIAM T. MCCRACKEN ) 13 VS. CLAIM-FOR DAMAGES (Govt. Code Section 910 et.seq.) 14 COUNTY OF CONTRA COSTA ) 15 ) 16 1. I, Michael P. Mullen, Attorney at Law 17 the undersigned, present this claim for damages as a person acting ' 18 on behalf of the claimant. 19 2. I desire notice relative to this matter to be sent to- 20 my following business address: 1010 Oak Grove Road 21 Concord, California 94518 22 3. The name and address of claimant are: f William T. McCracken 23 665 Appian Way, 45 E1 Sobrante, California 24 4. The date and place of the occutrence that gave rise to 25 this claim are as fullows: November 10, 1976 at 11:00 P.M., 26 Hilltop Drive at I-80 overpass, City of Richmond, County of Contra Costa, State of Callfevnia wl_ 00549 ... ... _�_� ..rte ... r. M.S._r ... ' .�. .......�._. ... 1 2 S. The circumstances of the occurrence which gave rise 3 to the claim are: Due to improperly placed, supervised, controlled or otherwise contracted flagmen at or near the construction located 4 on Hilltop drive at or near the intersection with the 1-80 overpas. as a result of whichever Public Entity (State of California, 5 County of Contra Costa, City of Richmond)the responsibility of placing, supervising, controlling, or otherwise contracting said 6 flagmen, the vehicle being driven by William T. McCracken was caused to collide with a motorcycle being driven-by Shirlify- Lee 7 Young, resulting in injuries and other damages to Will'iam.T: McCracken o G. A general description of claimant's injuries, 9, damages and losses incurred so far as is now known are as follows: 10 Claim for Personal Injuries and Property Damage in an.amount unascertained at this time. Claimant prays leave to-amend this 11 �{ answer when proper amounts are ascertained. 12 13 ld q 7. 711c name(s) of the public employce(s) causing said 15 injurirs, damages and losses is/are: Unknown at this time. 16 u 17 i! i is ;; 8. The amount claimedasof the date of presentation of 19 1! this claim consists of general .damages and special damages in 20 amounts unknown at this time, but in the aggregate exceeding the 21 a jurisdiction of the municipal Court of the State of California. r? ?2 I, Claimant reserve:: the ricffit tc) insert nail amounts wizen sane are 71 y ��.••rr t a i nest. �4 I December 28, 1976 a 25 urI. of C1;►iwant- or Person r act inq on buhalf of Claimant :! MICHAEL P. MULLEN C In the Board of Supervisors of Contra Costa County, State of California February 8 In the Matter of Claim for Damages. Mr. Hilton L. McGhee of the Law Offices of Milton L. McGhee, A Professional Corporation, 2510 Jay Street,.Suite 1, Sacramento, California 95816 on January 3, 1977 having filed a claim for damages in the amount of $75,000 on behalf of Commonwealth Equity Trust, 2131 Capitol Avenue, Suite 102, Sacramento, California 95816; IT IS BY THE BOARD ORDERED that the aforesaid claim is DENIED. PASSED by the Board on February 8, 1977. 1 hereby certify that the forepaing is a true and correct copy of an order entered on the minutes of said Board of Superrison on the dab afcr noi& cc: Hr. M. L. McGhee Witness any hand and the Seal of the Board of Public Works Director Supervaors Attn: Mr. Broatch affixed this8th day of February 19 77 County Counsel County Administrator J. R. OLSSON, Clerk By Deputy Clerk Ro bie Clatierrez H-24 3/76 15m 00551 f C'nd n 7E D1JAN CM 1577 1 CLAIM FOR DAMAGES � .~ 2 3 TO: COUNTY OF CONTRA COSTA, CALIFORNIA, BOARD OF SUPERVISORS AND 4 CLERK THEREOF and to the CONTRA COSTA WATER DISTRICT, its GOVERNING BOARD AND CLERK THEREOF 5 1. NAME AND ADDRESS OF CLAIMANT 6 Commonwealth Equity Trust- 2131 Capitol Avenue, Suite 102 Sacramento, CA 95816 8 2. The claimant desires that all notices be sent to the 9 following post office address: Milton L. McGhee, A Professional 10 Corporation, 2510 Jay Street, Suite 1, Sacramento, CA 95816. 11 3. The date, place, and other circumstances of the incident, .12 occurrence or transaction that gave rise to*this claim are as 13 follows: _ 14 (a) Since July of 1972, the County of Contra Costa, 15 has owned, operated, ma intained,.:inspected,. controlled and in all . 16 respects governed the Contra Costa Canal, located in the County of 17 Contra Costa, State of California. Said.contra.Costa_Canal leaks 18 water, or in-some manner allows water to pass through its concrete . 19 walls, into the surrounding soil and thereby causes water seepage 20 on real property owned and operated;by.Claimant. Such property is 213- known as the Town and Country Mobile Village, 'and has as its 22 street address, 445 San Miguel Road in the City of Concord, 23 California. The County of Contra Costa has owned, operated and 24 maintained,. inspected and controlled said Contra Costa Canal in 25 such a manner as to constitute a permanent and continuing nuisance 26 in that the failure of said Contra Costa.Canal -interfers with the LAW O"WAS OF MILTON L MCGHEE A►.o►csWOw.L - co.ro.Ano.. 2310 JAY.T.-SUITE i ' saCwAroilgcALlr.3n.�� 00552 T.w/ow2 sa1..0o0 1 use and enjoyment by Claimant of its property. 2 (b) on or about December 3, 1970 to March•8, 1971, 3 the County of Contra Costa, or its predecessors in interest, 4 designed, built, constructed- and manufactured a retaining wall : 5 adjacent to the Contra Costa Canal and on and upon property owned 6 by Claimant as above-described. The County has-occupied, used and , 7 maintained said retaining wall in such a.manner as to constitute 8 a permanent and continuing nuisance in that the failure of said 9 retaining wall to contain the water and prevent seepage materially 10 interfers with the use and enjoyment by Claimant of its property 11 and has caused a loss in value to Claimant's property. 12 4. A general description of the damage incurred, so far 13 as it is known, is as follows: - 14 (a) The failure of the Contra Costa Canal has resulted 15 in standing_-water on Claimant's property, water saturation of the 16 soil to such a degree that some portions of Claimant's property. 17 are uninhabitable and mud slides upon claimant's property. ' 18 (b) The failure of the retainin wall . g resulted "in 19 standing water on Claimant's property. 20 5. The name or names of theublic p employee or employees' causing the damage is not now known: 22 6. The amount claimed as of the date of.presentation of 23 this claim is the approximate sum of $75,000.00. 24 7. -The basis of the computation of the claim is as 25 follows: 26 a. Loss of rental .value; - ILTON L.MCGMEE - - JAVS.-SI -2- 00553 -Car CCOOCRATION c a tCRAURKMcsur.ssas Teww"O"mal.8000 . An"coo[as 1 b. Diminution in value of property; and 2 C. Cost to correct. 3 8. i, MILTON L. MCGHEE, the undersigned, am a person 4 presenting this claim on behalf of the claimant above-named. S DATED: " December 30, 1976 6 7 /s/Milton L. Mcahe: 8 MILTON L. MCGHEE 10 12 r '13 14 15 16 17 _ 18 - 19 20 21 } 22 23 n24 - 25 26. LAW OAKts w �3� - ILTON L MCGHEf A►IIOIdNOMAL - , 00554- .nAaarmcAura3a� - . RRMOM[/./-3000 - w[[A coo[916 ' • In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 77 In the Matter of - Preliminary Report on Establishment of a Central Permit Bureau In response to Board order dated November 2, 1976, the County Administrator having submitted a preliminary report dated January 31, 1977 pertaining to establishment of a Central Permit Bureau; and IT IS BY THE BOARD ORDERED that receipt of aforesaid report is hereby ACKNOWLEDGED and, as recommended therein, staff is DIRECTED to undertake the neat phase of study as outlined in the report. Passed by the Board on February 8, 1977. I hereby certify that the foregoing h a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: Administrator Witness my hand and the Seal of the Board of �pervisors cc: Director of Building affixed this -� Inspection of FAhr�:a, 19 77 Director of Planning Public Works Director J. R. OLSSON, Clerk Health Officer 111//06 Deputy Clerk I e 24. Neuf,91d H-24 3/7615m O U 55`J Count;Administrator caft Board of Supervisors loam V.Kanay County Administration Building ls$District Martinez.California 94553 Costa Matnty G Fatdsa (415)372080 ^J,(� '(�/, 2nd District Arthur G.Wip cam Robert LSchroder County Administrator Mrd District _ Warren Q.doypaa 4th District Eric IL"assailing 5th District January 31, 1977 RECEIVED Board of Supervisors FEB 3 1311 County of Contra Costa �• a-ssoct Administration Building, Room 103 °r s' sogs Martinez, CA 94553 Dear Board Members: Re: Central Permit Bureau The Board of Supervisors on November 2, 1976 approved a report of its Government Operations Committee pertaining to establishment of a Central Permit Bureau. That report recom- mended that a study group comprised of representatives of the Office of the County Administrator, Building Inspection Depart- ment, Planning Department, Public Works Department, and Health Department continue its study of the advantages and disadvantages associated with establishment of a Central Permit Bureau and provide your Board with a preliminary report on this matter. The Central Permit Bureau study group has met on several occasions to develop materials necessary to properly define this issue and develop workable alternatives for the establishment of a Central Permit Bureau. The following are highlights of activi- ties over a 12-month period of County departments in processing of permits: No. of Permits (1) Approximate ReZ rements Department In�—"Ery'kZ3'Zf er —Siff-k-3) space Planning 480 645 2 300 sq. ft. Building Inspection 2,500 4,800 3 800 sq. ft. Public Works 1,100 700 3 500 sq. ft. Health 1,680 1,860 2 300 sq. ft. (1)Number of permits issued does not indicate department workload due to different processing requirements. (2)Industry includes applications made by developers and builders familiar with County procedures and permit requirements. (3)Does not include staff assigned to field inspections. Microfilmed wit6rAd oMer Board of Supervisors 2. January 31, 1977 Study group analysis of current permit activities shows that permits processed can be categorized by parties affected; i.e., general public, construction industry, and other governmental agencies. Procedural, organizational and space requirements differ significantly dependent upon the departments affected in the processing of the many permits. A review of a number of other California counties indicates that establishment of a Central Permit Bureau has been considered and is being implemented to some degree in a few. In Marin County, recent civic center building modification provided for joint use of a lobby area by Building Inspection (Division of Public Works), Public Works Land Development, and the Plarming Department for convenience of the public. Department work areas are separately located on the same floor. In Sacramento County, a central public lobby area is also provided for joint use by Building Inspection (Division of Public Works), Public Works Land Development, and the Planning Department. A central cashier is shared by user departments with department staff including clerical support assigned to the bureau on an as-needed basis. In San Mateo County, a central permit bureau became operational on February 1, 1976. The Building Inspection Department public counter area was enlarged to accommodate assigned staff on a part-time basis from the Planning, Environmental Health, Public Works and Building Inspection Departments. Support staff for this activity is provided by the Building Inspection Department. The space utilization study of the County Administration Building and North Wing prepared by The P1 Collaborative which was furnished to your Board on July 2875 discussed several concepts for consolidated delivery of certain County services. The report suggested that establishment of a Central Permit Bureau be considered to provide for the centralization of related activities from different departments into one location for the convenience of the general public. Permit processing procedures have been improved by the Public Works Department through recent consolidation of its permit review processes to the fourth floor of the Administration Building. Permits now reviewed and issued at this location include Road Encroachment, Transportation, Sanitation District, Flood Control Encroachment, and Drainage. The consolidated Public Works Department permit issuance location is connected via a walkway to the public counter at the Planning Department on the fourth floor of the Administration Building-North Wing. The Building Inspection Department is also readily accessible on the 00557 Board of Supervisors 3. January 31, 1977 third floor of the Administration Building-North Wing. The current permit procedure and accessibility to applicants described above allows for improved processing and public convenience. In order to present various alternatives to your Board on the desirability and feasibility for further consolidation of permit issuance procedures, the Central Permit Bureau study group plans to continue to the next phase of its study. Tentative Central Permit Bureau models based on various processing levels will be developed. Levels identified for further review include (1) continuation of current procedures; (2) central information counter to provide only information and referral services; (3) partial permit processing center; and (4) comprehensive permit processing center. Analysis of each model will include procedural considerations (permit review work flow, and staffing assignments), facilities requirements (space and equipment), and cost/estimates. for each model. Information compiled during this phase of the study will be reported to your Board for review and policy deter- mination. It is recommended that your Board acknowledge receipt of this preliminary report regarding establishment of a Central Permit Bureau and direct staff to undertake the next phase of study as outlined above. Ve rul y urs ARTHUR G. County Administrator JWaa In the Board of Supervisors of Contra Costa County, State of California February 8 . 19 77 In the Molter of Report on Request for Continuatio of Payment of Utilities for Concerted Services Project, Pittsburg. The Board on January 18, 1977 having referred to its Finance Committee (Supervisors R. I. Schroder and J. P. Kenny) the request of Mr. George E. Ealy, Chairman, Board of Directors, Concerted Services Project, requesting that the County continue payment of utilities for 27 Columbia Circle, Pittsburg, California 94565, through 1977; and The Committee having this day recommended that, inasmuch as the County no longer uses space in the building, the County continue payment of utilities only through June, 1977, thus allowing Concerted Services Project sufficient time to secure alternative funding to meet these costs; IT IS BY THE BOARD ORDERED that the recommendation of the Finance Committee is APPROVED. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and corred copy of an order entered an the minutes of said Board of Supervisors on the date aforesaid cc• Board Committee Wdness my hand and the Seal of the Board of Concerted Services ProjectS"per"s°n Director, Office of affixed this 8th day of February 1971 Economic Opportunity Director, Human Resources J. R. OLSSON, Cleric Agency County Auditor-Controller By� . Deputy Uerk County Administrator M Crai Public Works Director Building Maintenance H-24 377615m 00559 C In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 77 In the Matter of Authorizing Legal Defense. IT IS BY THE BOARD ORDERED that the County provide legal defense for the following persons in the court actions indicated, reserving all of the rights of the County in accordance with provisions of California Government Code Sections 825 and 995: NAME and DEPARTMENT COURT and ACTION NUMBER H. Donald Funk, County Mt. Diablo Municipal Court Auditor-Controller No. 26908 Edward W. Leal, County Notice of Commencement of Treasurer-Tax Collector Action, Civil Code 3231 Tuc nott Electric Co., Inc., Plaintiff (Same as above) Superior Court No. 171780 Alternative Writ of Mandate Secured Investments of Walnut Creek, Ltd., et al, Petitioners PASSED by the Board on February 8, 3977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: County Auditor—Controller Witness my hand and the seal of the Board of County Treasurer—Tax supervisors Collector affixed this day ofFebruary . 19 2Z County Counsel Public Works Director Attn: Mr. R. Broatch J. R. OLSSON, Clerk County AdministratorB Oeputy Clark e M. d H-24 3/76!Sm 00560 In the Board of Supervisors of Contra Costa County, State of California February, 8 , i9 77 In the Maths of Establishment of Contra Costa Area Agency on Aging The State Office on Aging having requested that this Board clarify its actions pursuant to establishment of the Contra Costa Office on Aging, and The Board of Supervisors of Contra Costa County having been designated by the State of California as the Area Agency on Aging, and this Board on May 20, 1975 having designated itself as the Contra Costa Area Agency on Aging in accordance with the Older Americans Act of 1965, as amended, now reestablishes itself as the Contra Costa Area Agency on Aging; and to further clarify IT IS BY THE BOARD ORDERED that the Contra Costa Office on Aging, a single organizational unit, is hereby established within the Social Service Department and, under the supervision of the Human Resources Agency and its Social Service Department, is hereby delegated authority to carry out directly all functions and responsibilities specified in Title 45, Code of Federal Regulations, commencing at Subpart F 1903.63 and Subpart G 3903.78; and further The primary responsibility of the Contra Costa Office on Aging shall be the development, administration, and effective implementation of the Area Plan. PASSED BY THE BOARD on February 8, 1977. I hereby certify that the foregoing Is a true and corned copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid Orig: Human Resources Agency Witness my hand and the Seal of the Board of Supervisors Attn: Contracts & Grants Unit cc: County Administrator affixed this 8th day of February . 1977 County Auditor-Controller Co0fficeunty ooctat Service Dept. J. R. OLSSON, Clark Aging State of California By Deputy Clerk Department of Aging Maxine M. Nedfod Northern Regional Office Ham-243/76 15m 00561 Duman Resources Agency Date February 2, 1977 CONTRA COSTA COUNTY To Arthur G. Will, County Administrator Attention: Gary Brown, Human Resources Program Supem -RILtESCEIVED PrOm C. L. Van Harter, Director . FEB 3 1977 ►SIIbj AREA AG ICQ ON AGING J.A 01-5SO r CLSM o< SUPE 4M A co, ' B Reference: Hy memo dated January 26, 1977 The purpose of this memo is to provide further information on the corrective Board Order, which I submitted to you last week. I. Background Information—Area Agency on Aging The Board of Supervisors designated itself as the Contra Costa County Area Agency on Aging on Hay 20, 1975. First funding of Title III federal funds in the amount of $165,000 was by the State Office on Aging for the period September 1, 1975 to June 30, 1976. The first contract period was for planning, establishing an Advisory Council and making appointments, and Z. other formulative steps which were taken. The Contra Costa County Office on Aging was established within the Social Service Department on February 24,' 1976. During the current contract year which started July 1, 1976, the County Office on Aging has been implementing the Area Plan, which the Board of ` Supervisors approved on May 25, 1976_ • The Office on Ageing Director is , : -,Jane McClelland, and offices-for her and the Office on Aging staff are located on Stanwell Drive in Concord. Guidelines are established by the Federal Administration on'Agiiig and activities by staff and under contract fall into four general categories in relation.to services for older persons: --(1) coordinating services, - (2) pooling untapped resources, (3) facilitating access to available services, and (4) developing or extending resources. I submitted to you last week a contract and contract amendment for the basic State funding for the Area Agency on Aging budget for the current fiscal year in the total amount of $269,984. As further resource material on this County's Area Agency on Aging program, I am attaching material submitted to you at the time the Area Plan was submitted in May. - - - Miaoforned with board order 00562 Arthur G. win Attn: Gary Brown February 2, 3.977 Page 2 II. Corrective Board Order Several months ago, the State Office on Aging requested that the Board of Supervisors adopt a corrective Board Order to clarify the status of the County Office on Aging. I quote directly from an August 18, 1976 letter to R. E. Joralin from William L. Winegar, !Sanger, Northern Regional Office: "As a point of clarification, let me indicate to you that the location of the office on aging designated by the County Board of Supervisors as a single purpose organizational unit on .aging creates no problem so long as certain responsibilities are specifically spelled out. Several" of the Board of Supervisors' resolutions would seem to infer that all the federally mandated functions of the Area Agency an Aging do not rest with the single purpose organizational unit. For this reason, we have prepared language for a suggested Board resolution Which would, in our estimation, completely resolve the problem." The language in their suggested Board Order was not acceptable because it did not include reference to the "supervision of the Human Resources Agency and its Social Service Department." Also, the State-requested that we use the term "reestablishes" rather than "redesignates," because only the State can designate the Area Agency oa Aging, At best the need for the corrective Board Order, and the Board Order itself, :are confusing; but I am hopeful that it can now be included on your Board =agenda. _ CLVHIEH:dg 7ornlin • -Jane McClelland _' > Gerali i e Russell.�„e� June ?L T arson- ' Mort ElldT2 - 00563 �I Human Resources Agency Date January 26, 1977 CONTRA COSTA COUNTY TO ArthurG ill, County Administrator RECEIVED FrOln C. L. Van Harter, Director j r; %b x577 Subj AREA AGENCY ON AGING a B" x�C � I am submitting three items relating to the Area Agency on Aging for your consideration and inclusion on your February 1, 1977 agenda to the Board of Supervisors. Corrected Board Order—Designation of Area Agency on Aging Members of the Area Agency on Aging staff, the Social Service Department,. my staff, the State Office on Aging, and I have exchanged correspondence, conferred, and finally agreed on a Board Resolution or Board Order to clarify the status of the County Office on Aging. The Board of Supervisors designated itself as the Contra Costa County Area Agency on Aging on February 24, 1976 in accordance with the Older Americans Act of 1965. Other Board Orders since that time have mandated other actions in relation to the Area Agency; i.e., adoption of the Area Plan, signing of state contracts, etc. The State Office on Aging felt that the language of these Board-Orders made the status of our Area Agency on Aging as a single organizational unit somewhat ambiguous.. I am requesting that the Board adopt the attached draft Board Order which will satisfy the state as to the status of the County Office on Aging as a single organizational unit. . They have requested adoption of this Board Order before they will complete formal approval of the state contract for FY 76/77. 2. Contract #036-73 (Our #29-002-4) 3. Contract Amendment #036-73-1 (Our #29-002-5) Total Contract Payment: _ $269,984 - Federal Funds (The original contract is for $223,102. The amendment adds $46,882 totaling $269,984.) On September 7, 1976 the Board of Supervisors approved a revision to the Area Plan and Budget for FY 76/77. Hy memo to you at that time, dated August 25, 1976, contained the following data. FEDERAL FUNDS AMOUNT FY 76-77 Basic Allocation (approved by the Board of Supervisors on 5/25/76) $ 280,571 FY 76-77 Allocation Increase . 46,882 FY 75-76 Revised Carryover Microfilmed with hoard ori 34,081 TOTAL $ 361,534 00 564 s, r. Arthur G. Will January 26, 1977 Area Agency on Aging Page 2 LOCAL REQUIRED MATCHING FUNDS AMDUNT County Match required FY 76-77 Basic Allocation (approved by the Board of Supervisors on 5/25/76) $ 44,842 County Match required on the FY 75-76 carryover 3,658 Non-County Matching Funds supplemental allocation 5,210 TOTAL LOCAL MATCHING FUNDS (County and Non-Cotmty) $ 53,710 TOTAL BUDGET $ 415,244 All matching funds have been budgeted in the Social Service budget for FY 76/77. Current Area Agency on Aging expenditures are based on this budget. -The basic allocation for FY 76-77 referred to in the Federal Funds section In the amount of $280,571 is greater than the attached contract and amend- ment amounts of $269,984. The contract and amendment total of $269,984 Includes the 76/77 allocation increase but does not include any carryover funds. I am attaching a letter from the Department of Aging dated September 20, 1976 that states that the Area Plan has been approved, _ subject to adoption of a correcting Board Order, that we can expect a contract in the amount of $223,102 plus actual carryover funds estimated at $91,550. When a document (contract) with the actual carryover funds Is received, it, along with a revised budget, will be submitted to you for Board approval. I am now requesting that the Board approve the attached contract and contract amendment for the 76-77 basic allocation. The Chairman of the Board should sign six yellow original copies each of the contract and the amendment, and the attached pink form Aok 441. -These should be returned to the Human Resources Agency Contracts and Grants Unit for submission to the State, along with the corrective Board Order (see paragraph 1). A fully ratified copy will be sent to the Clerk of the Board after it is received from the State. In the meantime, I am submitting a copy for you and one for the Clerk of the Board and County records. CLVH/EH:dg Attachments cc: R. E. Joralin Jane McClelland Geraldine Russell' June H. Larson Mortin Etkinc 00565 STATE OF CALIFORNIA—HEALTH AND VMFAiE AGENCY EDMUND G.BROWN JK,Gevww DEPARTMENT OF AGING 1101 RANKUN SnBEFn,MOM AM OAKLAND,CALIFORNIA 91612 September 2D, X976 Ms. Gertrude: Hall, Interim Director Department of Social Services 2450 Stanwell Dive Concord CA 94520 Dear Ms. Hall: I am pleased to inform you that Executive Staff has approved your Area Plan contingent upon receipt by November 1, 1976, a Board of Supervisors Resolution couched in the same language as the draft attached to my July 9, letter to Hr. Jornlin. Subsequent to the receipt of the Board Resolm ion, you Taill receive your contract in the amount of $223,102 plus actual carryover (currently estimated at $91,550) for implementa— tion of the Area Plan for Budget Year 2 July 1, 1976 to June 30, 1977• If you have any questions, Please call. Sincerely, William Z. HinegarC/Manager Northern Regional Office IMW:j'b cc: J. Minor Robert Jornliu, Comity Director Attn: Al Crouch 00566 In the Board of Supervisors of Contra Costa County, State of California February 8 . 19 77 In the Matter of Re: Authorize Purchasing Agent to Assign Lease for Typewriters On recommendation by the County Counsel and the County Administrator, the Purchasing Agent is hereby authorized to assign the lease (whereby the County Counsel uses electronic- typewriters) under terms ascertained by him to be most ad- vantageous to the County and in connection with the leasing of improved equipment to replace these obsolescent and inade- quate machines. PASSED ON February 8 , 1977, unanimously by the Supervisors present. 1 hereby certify that the foregoing Is a true and correct Dopy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: County Counsel Witness my hand and the Seal of the Board of cc: Purchasing Supervisors Auditor affixed this8th day ofFebruary . i9 77 Administrator J. R. OLSSON, Clerk By /. Deputy Clerk Mai a M. Neuf d H-24 3/76 ISm i 00567 L:R •. 4� In the Board of Supervisors of Contra Costa County, State of California AS EX-OFFICIO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ' February 8 19 77 In the Matter of Title Transfer Consent Standard Oil Company. IT IS BY THE BOARD ORDERED that the request by Standard Oil Company for consent by the County or any of its special districts to their transfer of title to Chevron U.S.A. Inc. is hereby APPROVED and the Public Works Director is AUTHORIZED to sign such consent letters. PASSED by the Board on February 8, 1977. A I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the data-aforesaid. Originator: Public Works Department, VWitness my hand and the Seat of the Board of Real Property Division Supervisors cc: Public Works Department affixed this 8th day of February , 14 77 Standard Oil J. R. UlSSOi1i, Clerk Land Department . �Lc. Post Office Box 7643 By Deputy Clerk San Francisco, California 94220 Jean L. Miller H-24$/76 15m 00568 Chevmn Standard Oil Company of California 575 Market Street.San Francisco,CA 94105 LW Address: PA.Bos 7633.San Francism.CA 93120 November 17, 1976 Honorable Board of Supervisors of Contra Costa County as Ex-Officio Board of Supervisors of the Contra Costa County Flood Control and Water Conservation District P. 0. Box 911 c_ :r .Martinez, CA 94553 •xC=A Co. Gentlemen: t On or about January 1, 1977, Standard Oil Company of California, in order to consolidate its domestic oil and gas activities on a nationwide basis, plans to transfer and convey various properties and assets, both real and personal, to a wholly owned subsidiary corporation, Chevron U.S.A. Inc. By the transfer and conveyance, Chevron will succeed to and assume all of Standard's rights and obligations arising out of or pertaining to any of the transferred properties and assets. Standard will, of course, continue to be responsible for the performance of all of its obligations with respect to the properties and assets so transferred. Standard is a party to a lease(s), license(s), contract(s), or other agreements) with you which may require your consent to the transfer and conveyance thereof to Chevron. Accordingly, we respectfully request that you give your consent to such transfer and conveyance by signing the dup- licate copy of this letter in the space provided and thereafter returning such-duplicate copy to us in the enclosed envelope. Very truly yours, STAMARD OIL CO' MM OF CALIFORNIA By S. E. Jeppesen, ger, Property :ianagemen .AM ion, Land Department, Standard Oil Company of California, Western Operations, Inc., a division of said corporation Encl. CONSM GIVEN THIS 8th DAY OF Fph Hary , 1977 COZZMA COSTA COUNNTY FLOOD COW. ROL MID WATER COYSERV TION DISTRICT Ey officio Chief Engineer n �;7 00569 �..�. E L�•; ! �:t �-� � �` r'" Microti!rri;A with board order In the Board of Supervisors of Contra Costa County, State of California February 8 In the Matter of Approval of State Contract 1036-73 (Our #29-002-4) and Contract Amendment #036-73-1 (Our #29-002-5) for Area Agency on Aging Funding The Board on September 7, 1976 having adopted a revised Area Plan and Budget for FY 76/77 for the Area Agency on Aging setting forth federal funding for this project; therefore IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute State Contract 036-73 (Our #29-002-4) and State Contract Amendment 036-73-1 (Our #29-002-5) in the amount of $269,984 in federal funds for Area Agency on Aging funding for FY 76/77, with additional carryover funds to be allocated by the State. PASSED BY THE BOARD on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Orig: Human Resources Agency Supervisors Attn: Contracts b Grants Unit cc: County Administrator affixed this_day ofFe'hTnin v . 19 -77 County Auditor-Controller County Social Service/ J. R. OLSSON, Clerk Area Agency on Aging r.�% State of California Deputy Clerk ]- jan M. f EH:dg H-24 3/7-6!Sm f' 00570 TOW STANDARD AGREEMrNT—APPROvEO w nee Q GCNrwweM4 A7TORN EY.GQIEAAL � fTATC AGKNCT S7 ATC of cALrttaa%#^ !r 7 2 IA.•tort:t 13 OV►OF GEN.HCR. THIS AGREEMENT',r.�ade and catercd into this ?1. day of d - 19 760 C.ONT1eOLLLJt in the State of California,by and between State of California,through its duly elected cc appointed, 0 qualified and acting 0 i1i Of GFFICER.^CTI:IG FOR STATE AGENCY NUMHEA Dir>>tor State of Califo^ia - Denart---r-t of Rine 035--73 .rreeaaf cr;.,'cd the yr.:c,and 1 Carl:ra CD. tl I.OLIIty � . 'l r t� to/w Ct''e d fisc Cor'ra=or. T.VM-,'ESSETII: That the Contractor for and in consideration of the covenants, conditions, agreernents, and stipulations of the State hereinafter expressed, doe:hereby agree to furnish to the State services and materials, as follows:. (Sr.forth sa ewe to be rc tiered by Contrrr:or,atnount to be paid Conaccsar,time fer pedorwance oraon:pkton,end cttaah plans and saedfca.-ions,if atly) In order to carry cut the purpose of Title 45 Code of Federal Regulations, Fublic Ifelfare, Chapter 7i.A ' —ation on Aging, Part 903 pursuant to provisions of Title ITT (Gran- Its for State and Com ue-ty Program on Arg) of the older Americans Act of 1965, as a--nded, the California State Mpartment of 4arg has been mx'U o-;zed to receive funds for paying part of tha costs for the de-ra?o_n-u-t and ad-r-istration of area plans and tn-- development of co=rehensive and coordinated systems for the delivery of social services under area plans and allocating said funds to area agencies an aging (A4-1). Whereas, contractor has been designated as orae .of the aforementioned AAA's, it is nztually agreed as folla."rs: The provisions on the reverse side hereof constitute a part of this agreement IN VIML M WHEREOF, this agreement has been exec ated by the parties hereto, upon the date first above arrittem STATE OF C.ALIFOILN71A # ON'I'R.4CTOR AGCYCY ONTRACTOR Its aR TNA,.AR fYATc wNt:TI1rR A COR►ORATtON. Deo,_z= C ent of Az n� CM/ c Coir • r{'r a��•L? T(AVTHORI=O SIGNATURE) y � Ot ATURC` j ' �1N1; N. Boggess Direct- Chairman, Board of upervisors `, awcss i LCt"tMMUCO ON—SNFSTS.EACH Or"ING RAMC OF CONTRACTOR) 4 " 651 Pine Street. Hartinez, CA:" 94553 Do Hat WnTw N TWS SARA AMOUNT OF THIS ESTIMATE APPROPRIATION t PUNo 5 •�• t UNENCUMBERED SALANC= ITEM ^Wren I STATUTES FISCAL TEAR - s 1976 AW.AMCREASING ENCUM. FUNCTION CRANCE $ Cant-act„ , s r- Q AOJ.a=RCASING ENCUM. LINE"TEM ALLOTYENr URANCE o;5.�.1:s�,as7 0;6.a.z,—s?�2,2?5 j 1 hcrr;y crMfy upon my own_ -mrat J nlxc!cdre that b dxeTeii funds T.D A NO. O.A.NO. 1 ow oY.a+W 4e 19r!he;m ruk!arid-urvwc of zhc cxperAfawc s=ed alxme. 1 SIGNATURE OF ACCOUNTING OFFICER OAT= I hreri:g Certity�J�_.•t all cI.•ra:t.6onr fur mcn3wiun sit forth in Sta:e Adminir:rwirc 1lanwl SrC:uln 12tt1.13 have bt n aunrduTl tcA and this chwunw-w it cwmpt(torr)rruicw by the DeTwrtmrnt&I Firus`ee. HIGNATURC OF OFFICER SIGNING ON BEHALF OF THE AGENCY awe r� NMcrofiln� VYith beard order 00571 ! Contra Costa County 2 1. (a) This project, Area 7 Planning Project no. 3.33 , shall be carried out in accordance with Title III of the Older Americans Act of 1965, as amended, the program regulations and directives thereto, federal and state laws, and the Manual of Policies aad Procedures - Title IIT_, all of which are or may be operative during the tern of this contract. (b) In addition this project shall be carried cut consistent with the teras and conditions of the Area Plan as approved by the State in making this award. (c) In the event of conflict between the provisions set forth in suo- paragraph 1.(a) and the terms and conditions of the Area Plan, the provisicas listed in subparagraph !.(a) shall control. (d) In the event of conflict between provisions of this agreement and • of the Area Plan, the prorisigns of this agreement shall control. (e) Copies of all documents set forth in subparagraph 1.(a) hereto are . a available for inspection at California Department of Aging, 918 J" Street, Sacramento, Cali-forai.a 95824. 2. The app cued Area Plan which is on file with the State is hereby in- . corparated by reference and is made part of this agreement. 3. The tem of this agreement is frog July 11 1976 to June 30, 1977 subject, however, to earlier e_r ten..-^.ati= 4. In consideration of -the =-going perfcz^,.ance of the above an a manner considered satisfac,=7 to the State, the State shall pay Caatractar a total amount not to exceed S223.1O2 , consisting of allotted funding for the period referred to in paragraph 3 of this agreement. In addition, the State shall pay Contractor the ca=yover of unencucbered rends from the prior contract, if any, as is reflected in the actual close-cart audit for the prior contract per_od. The funds paid pursuant to this contract are derived solely from federal fends and shall be spent in accordance with the budget which is part of the approved Area Plan. A pat.:en of the total contract amount shall be paid Contractor. not more frequently than monthly, in advance, during the term of the agree at up to the total contract aaouat, upon receiptand approval of Report of E�enditures and Request for Payment (OA-30) the State in quadruplicate (4) supported by a current monthly Program. and Financial Report (OA 42) submitted in duplicate (2). 5. Ccntractor shall account for and maintain all funds received under the terns of this agreement separate from any other funds adnnistered by Contractor. Contractor shall expend all funds received hereunder in accordance with this agreement. - r • 005'72 i Contra Costa County 3 Contractor b. In the event that Contractor shall fail or refuse, in the opinion of State, to conduct said project in accordance with the terms hereof or in the event of withdrawal or denial of appropriate and sufficient federal funding, State may suspend or terminate this agreement upon. ten (10) days written notice to Contractor,:such notice to be effective on the date of roiling by Registered Mail to the address provided in uniting by the Contractor and at file with the State. In the event that Contractor cannot continue the project for reasons beyond its control, Contractor may request termination of this agreement upon written. notice to State at least ten (10) days in advance of requested date of termination. Such notice sham be effective oa the date of mailing by Registered Mail, to the Ca_ifornia Department, of Aging at 918 "J" Street, Sacramento, California 9jSl-. Contractor shal-I terminate the project only upon receipt of imitten notice of approval by State and in accordance with procedures and instructions set forth in said notice of approval. 7. Upon termdnatioa or exieration of this agreement Contractor shall return to the State i=mediately upon u.'ritten demiand any unencumbered funds, unearned funds, or any equipment pu chased with fiends provided under this agreement with the State. z 8. Contractor shall at all ti' s during the term of this agreement maintain homalete records of its activities and expenditures here— under in form satisfactory to the State, shall make all records pertai rr+r to the =oject availablea far inspection and aur{t by the State or the Federal Rovernm=t or zheir duly a ri crazed agents at any time du*3ng normal business hours, and shall my"Znrain and keep available all such records for a n•.nim•m of three years from the date of the Notice of Record Retention. if State or federal . audit has occurred or five years from the date of such notice if such audit has not owed. In the event of •audit exceotign, such records shat be maintained and ken available until every exception has been cleared to the satisfac i:= of the State. Records for nonr-- expendable property which was acquired idth federal funds shall be retained for three years after fes_^.ant disposition of suc' h property. Contractor shall timely submit all reports of its activities and expenditures as may be rewired by the State. - 9. When any subcontractor is uti3ased by the Contractor for any portion of the Area plan, Coat-actor, nevertheless, retains the prime responsibility*far carrying out aU. the terms of this agreement, including the responsibility for insuring the availability and retention of records of subcontractors in accordance with paragraph 8 hereto. All specifications for any subcoatract shall, be aproved by the State in writing prior to award of that subcoatract by Cozitractcr. W573 - Contra Costa County 4 Contractor 10. Contractor shall have no authority to contract for or on behalf of,, or incur obligations an behalf of, the State of California. 11. For work or services perfor--d under this agreement, no individual - shall be paid wages of salary by Contractor either (1) in•ercess of $18.75 per hour during any 24-hoar period, or (2) more than $150.00 for any 24--hour period, out of funds payable to Contractor here- under. 22. Contractor shall comply with all Depart-- nt of Health, kation and Welfare regulations promulgated pursuant to Title VI of the Civil Rights Act of 1964. As indication of his intent to comply, Contractor shams complete and sign an Assurance of Compliance with such regulaticns (Aon-U4- ), which form, when completed and signed by Contractor, shat be-attached hereto and incorporated herein by reference. 33.• Contractor, within s-i_aty (60) days after termination or after the ending date of this agreement as provided in paragraph 3, which- ever is earlier, shall provide the State with an audit which has been performed by a Certified Fublic Accountant and which meets project audit standards spec:Lfied by the State. Where Contractor Is a public entity, the audit required red h.-rein may be performed by the Conlxactx's Chief Audit= or equivalent officer. 14. Authorized State or federal renreseatatives shall have the right to evaluate Contractor's perfa---nce pursuant to this agreement on at least a _ua terly bass s, said erg:-t rs to include but act be -lined To ally .5. ]nSpeC don of Drem3.ses, ana. amen views of.pro,ecz staff and participants. 15. No waiver of any of the provisions of this agreement shall be Wading-unless in writing and signed by a duly authorized represen� tative of Contractor and State. leo waiver of'modificati.on shall be " effective in any case where approv<l of such waiver or modification by the State Department of Genera] Services is required by law, until such approval is obtained is writing from the State Department. of General Services. 16. As used through this agreement, the term, "shall", is mandatory; the teres, „may", is pee_rm ssive. 17. This agreement shall not be considered effective until signed by bath parties hereto and approved by the State Department of General Services. 18. Prior to commencement of any work under this contract, Contractor shall secure from funds provided by the State pursuant to this contract- 1. adegLte insurance against liability on account of damage to persons or property; 2 adequate insu=-ance covering all Contractor's employees under applicable wo_rRmen's compensation laws;. 3. adequate insurance as _required by applicable local Lea or requirement. 00574 • Contra Costa County 5 Contractor The Contractor shall, until all Work under this contract has been completed and all advance payments cede hereunder have been liquidated, (i) maintain such insurance; (ii) maintain adequate insurance upon any property used for, acquired-for or allocable to this contract to smith title is held by the State; (iii.) -furnish such evidence with respect to his insurance to the State as the State may from time to time regaire. All insurance contracts secured by Contractor pursuant to this paragraph shall require each insurer to notify the State by registered mail to the California Departmeat of Aging at 918 "J" Street, Sacramento, California 95814, of any modification, termination or cencellatica of any contract of insurance between insurer and contractor no less than five (5) days prior to the effective date of such modification, termi natioa, or cancellation. Notice by the insurer shall be effective =on receipt of same by the State. In addition to any other requi—rements of this contract, Contractor shall notify the State of any modii.caticn, termination. or cancellation of any contract of insurance secured by Contractor pursuant to this paragraph as soon as Contractor learns of the potential for or e)cstence of, whichever Is earlier, any such modificatica, termination or cancellation. 19. Co=tracta , within thirty (30) days of receipt of fully approved contract, shall prom State in writing or by other means satisfactory to State that each item noted in the letter regarding spa--2 al c=diticns of grant awar.4 a copy of which is attachad nereto, nave peen met. 20. MIE7 :E Fi?CC"'L,Tom: Any co3tractor aggrieved by any d•tera inati.on, decision, action or non-action (hereinafter collectively referred to as "action") by a State field representative affecting a project may file a written grievance with such representative-specifying the facts which are the basis of such grievance as.the contractor sees thea, the aeon cra--Ia;m d of, the reasons why it deems such action erroneous, unsatiskactcry, or illegal, and the action it desires to be taken. The field representative shall make a written response thereto wIthn thirty (30) days after receipt-of the grievance indicating reaffirmation of his previous action, or modification or intended modification. thereof, and his reasons for such response. In the event the field representative fails to sake such a response within such thirty (30) days period, o: his response, or any action taken with respect thereto, is not satisfactory to the cmtractor it may thereafter, within the Le of the project, appeal n writi^ .g to an Appeals Co•, Ltt„ee. Such comaattee shall be appointed by, and serve at the pleasure of, the Directar ofAging from persons e=loyed by his department. Such a-:^: tees shall preferably have no contact with the project or,�'� so, a 00575 Contra Costa County- 6 ..Contractor mini—I contact therewith, as determined by said Director. Such committee shall gine contractai the right to be heard orally or in writing at his option within a reasonable specified time, after receipt of the appeal, at a place designated by the committee. Contractor may at its own expense and without charging the same against project funds, ,nether federal or local, be represented at such hearing by any representative of its choice not employed by the State. The Contractor's representative shall have the right to present his views the.-eat. The decision of the comm=ttee shall be in writing. If it fails to make a decision within thirty (30) days after an oral hearing or the time when written documents are to be received, if the contractor recuests a ialtten hearing, the decision of the consultant shall be deemed to have been affirmed. S . The decision of the committee with respect to the appeal, or its affirmatioa of the consultant's decision by failure to act witbia the preceeding 30-day period, shall be final and conclusive upon the contractor at the time such decis=on is made or affirmation occurs. Hawever, the contractor within thirty (30) days after the decision of the coccettee has become final may request an appeal of such decision to the Director of Ag_.^.g, and the latter may in his discretion, grant or decline to grant an appeal from the decision of the committee. If he declines to grant such appeal, or fails to grant the same within td:rty (30) days after a request therefor has been received by him, he shall be deemed d....'tc any appeal panted by him based on the records available to him, or direct an oral or written hea_-zng at a time and place specified by him. Should the Director grant an appeal,-any decision made by him with respect thereto shalt be in wri.'.g providing that if he fails to render a decision within thi_ (30) days after any appeal is granted by him,, or (0 days after my hags if directed a-ithin the prior 30-day period, he shall be deemed to have affirmed the decision of the committee. Any decision of the Director shall be final and conclusive upop, contractor. In connection with the above, with the consent of the contractor, . either the committee or the Director may appoint a third person ., approved by the cont:actar to recommend any action to be takes by the co==ittee or Director pL-rsz� to the above. " De?a=-,=nt of Ag:_ng AAA Contract 00576 • ASSURANCE OF COIIPLTANCE WMI TUE DEPART!M OF HEALTH, EDUCATION. AND WELFARE REGULN1103 UNDER - TITLE VI OF TUE;CIVIL RIGHTS-ACr OF 1964 Contra Costa Cou . ryy (herein- (Na=e of Subgrantee or Secondary Recipient) after called the "Subgrantee") HEREBY PSPEES THAT it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all re- quirements imposed by or pursuant to the Regulation of the Department of Health, Education, and Welfare (45 CFP. Part 80) issue3.P'Lrs' mt to that title, -to the end that, in accordance with Title(VI of thst.Act' ' - and the Regulation, no person in the United States shall', on the' ground of race, color, or national origin, be excluded from ,partici-'t' ` patio= in, be denied the benefits of, or be otherwise subjected to .;`+ j ,disc-imination under any program or activity for which the Subgrantee, • receives Federal financial assistance from � - 1 Cal lfo_ri a Ieoammmert of Aging ', e'recipient of'� (Name of Grantor) t; Federal financial assist—ce from the Department (hereinaf ei r. .cailed ' "Grantor"); and HEPMY GIVES ASSURANCE T-Ja it will immediately take any measures necessary to effectuate this agreement. If any-real property or structu=e thereon is provided or improved with the aid of Federal fina,_cial assistance extended to the Sub- grantee by the Grantor, this assurance shall obligate the Subgra=tee, or In the case orr- =7 transfer of such Droperty• a=y tr=sferee, fa_ ��..: Ycd r.::� ::.-.i" t... ccal pruperty or structure is-uses tor, a purpose for %hich the Federal financial.assistance is extended or for another purpose involving the provision of similar services or - benefits. If a=y personal property is so provided, this assura ce iball obligate the Subgrantee for the period during which it retatas ownership or possessica of the property. In all Other cases, this assurance stall obligate the Subgrantee for the period during which _ -tbe Federal financial assistance is extended to it by the Grantor. TRIS ASSU3_sNCE is given in carsideration of and for the purpose of obtaining any and all Federal-gnats, Ipaas, contracts, property, - discounts or other Federal finarc4a3 assistance extended after the date hereof to the Subgrantee by the Grantor, including iustallmomt payrents after such date on account of applications for Federal f4=ancia3 assistance _hits were approved before such date_ The Subgrantee recos=Yes and ag-rees that such Federal financial sssistanca Lill be extended in reliance on the representatio=s and 1oA Fora 441 (To be c.^--pleted by applicant for any grant frog the•State Ageney desir._ated to +i ple;eat the Older �.ericans Act. %.here provisics of- facili.ies is invalved, HE2 Fora "I is to be executed.) 00577 agreements made in this assurance. and that the Crantor or the United States or both shall have the right to Beek judicial enforcement of this assurance. This assur=ce is binding on the Subgrantee, its successors, transferees, and assignees, and the person or-persons nbose signatures appear below-are authorized to sign this assurance on behalf of the Subgrantee. , Dated >�� ? Contra Costa County - ` tee) / gen (President, f'f�airsw�n Of L s Cr .1� • �) _00p "Ie rutt2arJ ed official) 651 Pine Street _ Martinez, CA 44553 Chairman; Board of Supervisors _ (iecipientIs r:iTins 4 005'78 STANCARD AGREEMENT—APV4"vzD or TNC Cop"NACTM ATTC'RMSY GCNCRAL ❑ OTATZ AGCNCT {TATE OF CAUIORNIA oCsr or GM rRnRr- STD 2.IR7rr.Ignil ❑ COMTRo1.l.CR THIS ACREEMEN'T,made and entered into chic 21 ;,y of September I9 76 0 in the State of California, by and between State of California,through its duly elected or appointed, ❑ quaUfied and acting ❑ TITLE OF.OFFiCER ACTING FOR=^TC AGCNCYNUNECR Director State of California - Department of A, ' I036-73-1 hCff4ffftCF CC" the}St,tC.erg 2 9 - 002- 5 Contra Costa County hermfter cased ti-.e Contmcwr. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements,and stipulations of tip State hereinafter expressed, does hereby agree to h ish to the State services and materials,as follows: (Set fonts tercice to be rendered by Contr=wr,=wuat to be paid Contruxr,time for perfmnmowe or campkiM end cttfzh plmu=d--padF T;CWJ WITNESSETH It is cutuaLf z1greed between the parties hereto that Section Four of Contract 21o. 036-73 dated A'-'jut 21:, 1976 , is amended effective Sente.-icer 21, 1976 as follows: 1).. In consideration of the ongoing performa=e of the above in a tnann.r considered satisfactory to the State, the State shall pay Contractor.a total amount pat to exceed S 269,93- , which is derived solely from federal funds and which shall be spent in accordance with the budget watch is part of the approved Project Crant Application. A portion of the total contract amount shall be paid Contractor not more frequently than monthly, in advance, during the tern of this agreement up to the total contract a=un t, up= receint and approval of Report of Expenditures and Request for. Pgr=nt (O 30) by the State in gaadrtmLcate (4) suc_ported by a current monthly Pegart ofer .ncpitures Oir30A suozatted in duplicate (2). this s .Contras re=. w The provisions on the reverse side hereof constitute apart of this agreement IN WPTNESS WHEREOF, this apeement has been executed by the parties hereto,upon.the date first above wrsiten. STATE OF CAMFOPUNLA. _ :COINM4,CTOR AGENCY _ R 1 r►Orwe An InOrrtpYA{.sTATZ Wo er"M A COR►aRATIGf. Department of Aging f F;on -Costa Count iY(AUTMORIZCO SIGNATURE) ( :U11CJ i >r / W. N. Boggess T:T" Director ' _ - Chairman, Board'of Supervisors DIM" (CONT)NUCD CM SMELTS.CACN 13CARING NArC OF CONTRACr'OR) • + .. ) 651 Pine Street,Martinez, CA 94 '53 DO Not Weire&W This Spam AMOUNT OF TM15 ASTUdATE AFIROFRIATION - 3 Title III Grant .``I Soecla2;Dexsit UNJ24CUIe1CR=OALANCC )TCM STATUTES �irISCAL YCAL 3 f 1 5 AW.INCRCAf1reG ENCUM. FUNCTION wRANCC s 16,632 Contractual Services Ant.OCCR[A51NG CNCUM. I UNC IT—A-I TM2HT s�` 3 0 6.0.17310 763 -0 5.0.2 T 1$i5 I hereby cc r:4 vi on smi oc-n pr.sarin k:towllcdCc thct bud ctrl Jurors aA NO. a.m.Na. ere -t:sJcrthe ar+s.-+dcmdpmraawot:he=r 4-iftwc ze. fIGNArURC OF ACCOUNTING OFFICLA GATE I harhy C"tihf a err-ditN.nr Jew memptian tet forth in Stet-.idminirtr dirk M..41$ream.IMI .to & e been cvm. i.sl►1tft mut oris.!rk.'r.mLXd Si eiLAW(raw r vWW Ery the D.7'Crtaunt of!•'inane •IGMATURC CW OFFICER SIGNING ON UO"LF OF TML AC.[NCY OATS Mitxofilrned urw R�-? a_. 00579 In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 77 In the Matter of Providing Certain Secured ' Assessment Roll Records to Data Marketing IT IS BY THE BOARD ORDERED that the Chairman is authorized to execute the contract between the County of Contra Costa and . Data Marketing for provision by the County of a magnetic tape copy of certain secured assessment roll records to Data Marketing, with the provision that Data Marketing shall reimburse the County for all costs connected with provision of this service, effective December 3, 1976. Passed by the Board on February 8,' 1977" I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors an the date afonssaid. cc: County Assessor witness my hand and the Seal of the Board of County Auditor-Controller Supervisors Contractorr c/o Assessor � this 8th day of r ebruar,r 1977 Data Processing County Administrator J. R. OLSSON, Clerk By A -/ � � Deputy Clerk ::a line 'X.' liet eld H-24 3/76 15m 00580 AGREMENr (Copies of Assessor's Public Records) 1. Parties F Date. Effective on December 3, 1976, the COUNTY OF OD,\Tit.A COST,S�C.- , a political subdivision of the State of California, (hereinafter called "County") and DATA AlARt ETING, INC., (hereinafter called "Contractor")., mutually agree and promise as follows. 2. Assessor's Records. -County shall make available to Contractor on magnetic tape urnisr y the Contractor data from the Assessor's records.which comprise the 1976-77 secured assessment roll. The County's Data Processing Center shall produce the tape in a form mutually agreeable to the parties, but no data required by law to be kept confidential shall be made available. 3. Reimbursement by Contractor. Contractor shall, within thirty days after written notification by County, reimburse County for all expenses neces- sarily incurred in providing this service, including the cost of preparation, delivery, and review of the tape by County personnel. The nature and final amount of these expenses shall be determined by the County Auditor-Controller, and his determination shall be binding. 4. Use and Copies. The Contractor shall use the data provided by the County on magnetic tape for the sole purpose of producing the Contractor's publication for visual display of the data contained therein; and, immediately on completion of the process, Contractor shall certify to the County in writing that the tapes have been erased. Contractor shall also furnish County at.no cost to County two copies of Contractor's publication if produced in other than microfiche form. S. Restrictions. Contractor shall not reproduce the data in any form which may BF use y a computer, such as magnetic tape, punched paper tape, or other device. Contractor shall not use or sell the names and addresses contained therein for mailing purposes. 6. Hold Harmless. (A) Contractor agrees that the County makes no warranties as to the accuracy, validity, or correctness of the information contained in the tape. Contractor also agrees to hold County and all County officers and employees harmless for any damage to property or person, claims, judgments, lawsuits, or liability arising from Contractor's use and custody of the tapes and any materials produced therefrom. (B) Contractor shall display a notice in its publications that neither the County of Contra Costa, nor its Assessor nor Auditor is liable for any errors, omissions, or inaccuracies that may appear in the publication. 7. Term. The services to be provided by the County by the Terms of this Agreement shall not extend past Jaw rlry 31, 1977_. Microfilmed with board order 00a0JL i 8. Any notices given pursuant to this Agreement shall only be,valid.if I given in writing to the parties at their addresses as follows:; County: Clerk of the Board of Supervisors P. 0. Box 911 Martinez, California 94553 Contractor- COUNT! OF M%TRAIISTA DATA DL4 MING, INC. ft 4 BX airman, Board o Superyis s ATTEST: J. R. OLSSON, County (Designate official capacity in Clerk and ex officio Clerk of the business.) Board of Supervisors. Deputy -- APPROVAL RE(DI%ENDED: E. Yan , Assessor APPROVED AS TO FORM: John B. Clausen, County Counsel By f� -----. ------------- - ----------------------------- - --- ----- STATE OF CAtJFOPUNIA, ) ss (Acknowledgment by Corporation County of ��,l.�� ) Partnership or Individual) The person(s) whose names(s) is/are signed above for Contractor, and who is/are lmoum to me to be the individual(s) or partners) as stated above who signed this instnn►ent, personally appeared before and acknowledged to me that he/they executet it and that the corporation or partnership named above executed it. nate: v1 If 77 (Seal) AbPublic - , x;Z07=Y J. mu-";S $ANCA C(.AWt CL +i MY CM-T--:-a Es.'ir..s—+ts I.177 _ '00582 0 0 In the Board of Supervisors of Contra Costa County, State of California February 8 0114 77 In the Matter of i Authorizing issuance of Proclamation designating week of ; February 14 to 21, 1977 as s Regional Emergency Medical Services Week. IT IS BY TM BOARD ORDERED that the Board Chairman is AUTHORIZED to issue proclamation designating week of February 14 to 21, 1977 as Regional Emergency Medical Services week, as requested by the Association of Bay Area Governments. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing Is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Director, Human Resources Witness my hand and the Seal of the Board of Agency Supervisors County Sheriff-Coroner affixed this 8th day of February . 19 77 County Administrator1-2 -- J. R. OLSSON, Clerk Deputy Clerk Flaxine H. r H-243161Sm 00583 -In the Board of Supervisors of Contra Costa County, State of California February 8 , 19 77 In the Matter of Designating Alternate for Emergency I-iedical Services Task Force *;eeting No. 4 Supervisor J. P. Kenny having advised that because of a prior commitment he will be unable to attend the meeting of ABAG's Emergency Medical Services Task Force scheduled for Wednesday, February 15, 1977 at 7:30 P.M. at the Hotel Claremont, Berkeley, California; Supervisor Kenny having recommended that the Board designate Supervisor R. I. Schroder to attend said meeting as his alternate with full voting privileges; IT IS BY THE BOARD ORDrRM- that the aforesaid recom- mendation is APPROVED. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Suaervisor R. I. Sc:troder Witness my hand and the Seat of the Board of r..?S Project Director Supervisors at ABAG affixed this 8th day of.February i 9 77 Director, Human Resources Director County Administrator J. R. OLSSON, Clerk /w Deputy Clerk Maxine M. HeufQld ' H-24 3;76 1 I 00581 In the Board of Supervisors of Contra Costa County, State of California February 8 19 77 In the Matter of Proclaiming the Month of February as Boy Scouts of America Month. IT IS BY THE BOARD ORDERED that the Chairman is AUTHORIZED to issue a proclamation declaring the month of February, 1977 as Boy Scouts of America Month in recognition of the sixty-seventh anniversary of the Boy Scout Organization in the United States. PASSED by the Board on February 8, 1977. I hereby certify that the foregoing Is a true and correct copy of an order entered on the minutes of said Bocrd of Supervisors on the date aforesaid. cc: County Administrator Witness-my hand and the Seal of the Board of Supervisor cmxed this 8th day of February 19 77 /.? J. R. OLSSON, Clerk gy— ,_"�-!.� ���ire'-� sl . /' . Deputy Clerk Robbie Gntierrezf H-24 31'76&n 00585 In the Board of Supervisors of Contra Costa County, State of California February 8 , 197 ,_ In the Matter of Request for Park Dedication Trust Funds by the Moraga Park and Recreation Authority On January 11, 1977 the Board referred to the Park and Recreation Facilities Advisory Committee a letter from Mr. William FennMott, Jr., Director/Consultant, Moraga Park and Recreation Authority, requesting that $3,000 in Park Dedication Trust Funds be allocated to the Authority for the construction of tennis court lighting at Campolindo High School; and On the recommendation of the Advisory Committee, IT IS BY THE BOARD ORDERED that the request of the Moraga Park and Recreation Authority is APPROVED. PASSED by the Board on February 8, 1977. r I hereby certify that the foregoing Is a true and correct copy of an order entered on the minutes of said Board of Supervisan on the date aforesaid. Ori F: Planning Dept— Witness my hand and the Seal of the Board of cc: Moraga Park and Recreation Authori9 Town of Moraga pervisors Public Works Director affixed this Stn day of February 19 77 Atten: Mr. J. Fears Director of Planning J. R. OLSSON, Clerk County Counsel County Auditor-Controller By � ' = - - = Deputy Clerk County Administrator H-24 3/:6 Ism 00586 In the Board of Supervisors of Contra Costa County, State of California February 8 ' 19 In the Matter of Termination of Reimbursement Agreement Jules V. Accardi, Jr. On recomrend--tion of the County Auditor-Controller IT IS,BY T- 0-0,*D ORDMFD TH::T the Chairran IS HRRE3'Y AB•THCRIZO) to execute Termination cf Reimmburaeme_n_t.Agreement which was taker to guarantee reaaytrent of the cast of services rendered by'the County to .rules V. Accardi, Jr. uho has rade repayment in full.. Passed by the Board on February 8, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Crir;inQtiml apt: Auditor-Controller Witness my hand and the Seal of the Board of Supervisors cc. ^.�•:r+• d^inist=.itor affixed this to day of Eebm a- 19 77 L .R. OLSSON. Clerk B� • Deputy Clerk H 24 una- 15-M Maxine F!. Neufeld 00587 TERMINATION OF REIMBURSEMENT AGREEMENT The REIMBURSMWU AGREEMENT and NOTICE OF LIEN executed on march g. 1862 by Jules P. Accardii Jr. and recorded in the official records in the office of the County Recorder of this County on May 29. 1962 in Volume h127 at page 126 is hereby released. 0 Dated: February 8, 1977 By order of the Board of Supervisors. CHAIRMAN OF THE BOARD OF SUPERVISORS Contra. Costa County STATE OF CALIFORNIA County of Contra Costa On (date) February 8, 1977 before me, Maxine M. Neufeld a deputy county clerk of this county, personally appeared W. N. Boggess known to me to be the person who subscribed this instrument and to the Chairman of the Board of Supervisors of this County and acknow- ledged that be executed it. James R. Olsson, County Clerk byt, a i.. YeuAld Deputy County Clerk p (M 2029 11/72) Microhimed with board oraef 00588 In the Board of Supervisors of Contra Costa County, State of California February 8 19 77 In the Molter of Authorizing Attendance at ?Meetings IT IS BY THE BQARD ORDER-ET] THAT Gene I. Axelsen, Supervising Inspector is authorized to attend, at county expense, the Annual California Homicide Investigators Association Conference in Reno, Nevada during the period riarch 2, 1977 through 'larch 5, 1977. Passed by the Board on February 8,; 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered an the minutes of said Board of Supervisors on the date oforesaid. Witness my hand and the Seal of the Board of Orig: District Attorney Supervisors cc: Countv Auditor-Controller . this Sth day of February 19 77 County Administrator — amaed J. R. OLSSON, Clerk Deputy clerk Mb6clne M. 1d' H-24 3+76ISm WOW i In the Board of Supervisors of Contra Costa County, State of California February 8 . 19 77 i-r 1 In the Matter of Authorizing Attendance at Meetings IT IS BY THE BOARD ORDERED that the person listed below is AUTHORIZED to attend the following meetings,expenses to be charged 100% to Federal ACTION funds: NAME & DEPARTMENT MEETING DATE Reta Hall, Director ACTION Training Conference March 18, Retired Senior and 19, 20, 1977 Volunteer Program Western Gerontological Social Service Society 23rd Annual Mtg March 20-23, 1977 Denver, Colorado PASSED BY THE BOARD on February 8, 1977. 1 hereby certify that the foregoing is o two and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesoid. Witness my hand and the Seal of the Board of Orifi: Director, HRA Supervisors County Welfare Dir Staff Dev Supvr armed thisAt"ii day of -e6n�ar•r 19 77 Reta Hall County Administrator ; J, R. O1_SSON, Clerk County Auditor-Controller BY/f�'" < <, , Deputy Cleric Ir ire r. ',e mel H-24 3)7i.!Sm M��(l In the Board of Supervisors Of Contra Costa County, State of California Februarys . 19 77 In the Matter of MT. DIABLO UNIFIED SCHOOL DISTRICT CONFLICT OF INTEREST CODE • Pursuant to Government Code §87303 this Board hereby revises the Conflict of Interest Code of the Mt. Diablo Unified School District, as follows, and approves it as revised: 1. Strike the second reference "on Exhibit B" in Section 300. 2. Add as the first phrase in Section 400(b): "In the case of the head of the agency and the members of boards and commissions,". 3. Add to Section 400(f): "Closing statements shall be filed within 30 days of leaving a designated position. Such statements shall cover the period from the closing date of the last statement filed to the date of leaving the position." PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and carred copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Mt. Diablo Unified Supervisor School District affixed this 8th day of February 1977 County Counsel County Administrator r; J. R. OLSSON, Clerk By =sf�t . ;�_i.Tir'c_c , Deputy Clerk Robbie Gutierrez H-24 3176 ISm 00591 - DRAFT Fib � • - CONFLICT OF INTEREST CODE OF THE MOUNT DIABLO UNIFIED SCHOOL DISTRICT OF CONTRA COSTA COMITY SECTION 100. Purpose. Pursuant to the provisions of Govern- ment Code Sections 87300, et seq., the Mount Diablo Unified School District of Contra Costa County- hereby' adopts the follo:.ing Conflict of Interest Code. Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974 (Government Code Section 81000). The provisions of this Code are additional to Government Code Section 87100 and other laws pertaining to conflicts of interest. Except as otherwise indicated, the definitions of said Act and regulations adopted pursuant thereto are incorporated herein and this Code shall be interpreted in a manner consistent therewith. SECTION 200. Designated Positions. The positions listed on Exhibit "A" are designated positions. fficers and employees -holding those positions are designated employees and are deemed to make, or particpate in the making of, decisions which may foreseeably have a material effect on a financial interest. SECTION 300. Disclosure Statements. Designated positions shall be assigned to one or more of the disclosure categories set forth on Exhibit "B". Each designated employee shall file an annual statement disclosing that employee-'s interest in investments, real property, and income, designated as reportable under the category to which the employee's position is assigned on Exhibit "B". SECTION 400. Place and Time of Filing. (a) All designated employees required to submit a statement of financial interests shall file the original with the Personnel Secretary. (b) The Personnel Secretary shall make and retain a copy of the statement of financial interest and forward the original to the County Clerk. (c) A designated employee required to submit a statement of financial interest shall submit an initial statement within 30 days after the effective date of this Code. (d) . Classified and certificated employees appointed, promoted or transferred to designated positions shall file initial statements within 30 days after date of employment. (e) All other employees appointed, promoted or transferred to designated positions shall file initial statements not less than 10 days before assuming office or if subject to confirmation, 10 days before being confirmed, unless an earlier assumption of office is required by emergency circumstances, in which case the statement shall be filed within 30 days thereafter. (f) Annual- statements shall be filed during the month of February by all -designated employees. Such statements shall cover the period of the preceding calendar year. (g) A designated employee required to file a statement of financial inte^est with any. other agency, which is within the same ;.'err icor,al Jurisdiction, may comply with the provisions of th,s Code by filing a duplicate copy of the statec�ent filed with the other agency, in lies: of an entirely separate document. m_-;o,med v-h boa-d order 00592 SECTION 500. Contents of Disclosure Statements. Disclosure statements shall be made on forms suppl ed by t e ssistant Superin- tendent (Personnel Services), and shall contain the following information: (a) Contents of Investment and Real Property Reports: When an investment, or an interest in real property, is required to be reported, the statement shall contain: (1) A statement of the nature of the investment or interest; (2) The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; (3) The address or other precise location of the real property; (4) A statement whether the fair =narket value of the investment, or interest in real property, exceeds ten thousand dollars ($10,000), and whether it exceeds one hundred thousand dollars ($100,000). This information-need not be provided with respect to an interest in real property which is used principally as the residence of the filer. (b) Contents of Personal Income Reports: When personal income is required to be reported, the statement shall contain: (1) The name and address of each source of income aggregating two hundred and fifty dollars ($250) or more in value, or twenty-five dollars ($25) or more in value if the income was a gift, and a general description of the business activity, if any of each source; (2) A statement whether the aggregate value of income from each source was greater than one thousand dollars ($1,000)- and whether it was greater than ten thousand dollars ($10,000); (3) A description of the consideration, if any, for which the income was received; (4) In the case of a gift, the amount and the date on which the gift was received. (c) Contents of Business Entity Income Reports: When income of a business entity, including income of a sole proprietorship, is required to be reported, the statement shall contain: (1) The name, address, and a general description of the business activity of the business entity; (2) In the case of a business entity which provides legal or brokerage services, the name of every person who paid fees to the business entity if the filer's prorata share of fees from such person was equal to or greater than one thousand dollars ($1,000); (3) In the case of a business entity not covered by paragraph (2), the name of every person from whom the business entity received payments if the filer's prorata share of gross receipts from such person :as equal to or greater than ten thousand dollars ($10,000) during a calendar year. -2- 00593 (d) Contents of Management Positions Reports: When management positions are required to be reported, designated employees shall list the name of each business entity not specified above in which they are a director, officer, partner, trustee, employees or in which they hold any position of management. .(e) Initial Statement: The initial statement filed by an employde appointed to a designated position shall disclose any reportable investments and interests in real property. (f) Acquisition 'or Disposal During Reporting Period: In the case of a statement filed under Section 400 (f), if the investment, or interest in real property, was partially or wholly acquired or disposed of during the period covered by the statements the date of acquisition or disposal. SECTION 600. Disqualification. Designated employees must disqualify themselve's rom making or participating in the making-. of any decisions in which they have a reportable financial interest, when it is reasonably foreseeable that such interest may be. materially affected by the decision. No designated employee shall be required to disqualify himself with respect to any matter which could not be legally acted upon or decided without his participation. HEV/j QQ594 EXECSIT "All Designated Positions Disclosure Category Nes-z7bers of the Governing Board l & 2 Suoe:intendent 1 & 2 Stam Assistants providing legal, financial or .purchasing advice 1 & 2 Assistant Superintendent (Special Schools and Services) 2 AdmiTistrative Assistant, Guidance Services 3 CA)CB)&(E) Administrative Assistant, Special Education 3 (C)&(D) Coordinator, Speech, Hearing & Aphasia programs 3 (E) Principal, Shadelands/Pinehaven 3 (D)CE)CP)&(G) CLIA Consultant (Physically handicapped program) 3 CG)&(S) Coordinator Health Services 3 (I) Medical Consultant 3 (I) Assistant Superintendent (Business Services) 1 & 2 R tra _ve xss s anz, School Mant •gat & Auxiliary Svc. 3 (J)CK)(Q CN)&(N). Director, Maintenance & Staff Engineer 3 CJ)&(K) Maintenance Ifork Control Supervisor 3 (J)&(R) Building Maintenance Supervisor 3 •(J)&(K) Director, Transportation 3 (N) Auto Shop Supervisor 3 CN) Administrative Assistant, Data Processing 3 (L) Director, Purchazi-ig 1 & 2 Sehior Buyer .1 2 Publications Buyer 3 (P) Other Buyers 1 & 2 Director, Food Services 3-CO) Assistant Superintendent (Educational Services-)1 & 2 Directors Elementary,Education 1 & 2 Elementary Principals 2 Elementary Curriculum Consultants 2 Director, Secondary Education 1 & 2 Secondary Principals 2 Secondary Curriculum'Consultants 2 Coordinators: Advanced' Programs 2 Foreigi Language 3 CQ)&CR) Iusic 3 CQ)&(S) Library 3 (P) Corpensatory Education 2 Instructional Materials 3 (P)(Q)(R)&(S)• Su.z,er School & Physical Education 2 Vocational Education, Work Experience,R.O.P. 3 (A)(B)(P)(Q)(T)&(U) i:emtiers of Textbook Advisory Cocmittees 3 (P) of Other Fdvi3bry Committees 2 ti:.4�-:a nt Su-nerintende It (Personnel Services) 2 wcirrinIzzrat=ire Assistant, Certificated Persa:L'ieI 3 (A)CB)E?)(Q)&(T) Ad=-,'[:iatrative Assistant, Classified Personnel 3 (A)(B)CP)( I-M 000D EXHIBIT "B" Disclosure Categories An investment, interest in real property, or income is report- able if the business entity in which the investment is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or partici- pated In* by the designated employee by virtue of the employee's position. Designated E-nployees in Group "1" must report: All investments, interests in real property and income, and any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. Financial interests are reportable only is located within the Mount Diablo Unified School District or i' ;,he business entity is doing business or planning to do business in the District (and such plans are known by the designated employee) or has done business within the District at any time during the two years prior to the filing of the statement. Designated Employees in Group "2" must report: Investments in any business entity and income from any source and status as a director, officer, partner, trustee, employee, or holder of a position of management in any business entity, which, within the last two years, has contracted, or in the future foresee- ably may contract with the Mount Diablo Unified School District to provide services, supplies, materials, machinery or equipment. Group_ 3 Insofar as a business entity or income source relates to the following areas: (A) Psychological Testing and Evaluation (B) Guidance Counseling (C) Special Education (D) Materials and Services for the Visually Handicapped (E) Materials and Services for the Speech and Audially Handicapped (F) Materials and Services for the Orthopedically Handicapped (G) Materials and Services for the Physically Handicapped (H) Physical Education (I) Medicine and Health (J) Buildings and Grounds Equipment and Supplies (K) Buildings and Grounds Maintenance Services (L) Data Processing and Computers (M) Office Management (N) Motor Vehicles (0) Food and Food Service (P) Books and Other Publications (6) Pedagogical Supplies and Equipment (R) Foreign Language Training (S) Musical Instruments and ':usic Training (T) Employment Agencies (U) Vocational Training Designated Employees in Group "3" must report: Investments in any business -entity, income from any source and status as a director, officer, partner, trustee, employee, or holder of a position of rrnagement in any business entity' which, within the last two years, has contracted or in the future foreseeably may contract with. the Mount Diablo Unified School District to provide services, supplies, materials, machinery or equipment which are related to such area. 005196 In the Board of Supervisors of Contra Costa County, State of California February 8 M the Matter of Approving and Authorizing Payment of Claim for Relocation Assistance from Mr. and Airs. Albert L. Horgan - Center Avenue Reconstruction, Project No. 3471-4342-663-76, Pacheco Area. IT IS BY THE BOARD ORDERED that the following Relocation Assistance Claim is APPROVED and the County Principal Real Property Agent is AUTHORIZED to sign the claim form on behalf of the County. Reference Claim Date Payee Amount Center Avenue January 26, 1977 Western Title Insurance $9,000.00 Project No. Company, Escrow No. - 3471-4342-663-76 309745 The County Auditor-Controller is AUTHORIZED to draw a warrant in the amount specified to be delivered to the County Real Property Division. PASSED by the Board on February 8, 1977 I hereby certify that the foregoing Is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Originator: Public Works Department, tartness my hand and the Seal of the Board of �rpef1,�� • Real Property Division affixed this Rrh day of_ r.Phrttary . 19 77 cc: Auditor-Controller Public Works Department _ J. R. OLSSON, Cierk By ,- Deputy Clerk / Jean L. biller H-24 3/76 15m 00597 In the Board of Supervisors of Contra Costa County, State of Califomia February 8 , 19 77 In the Matter of Authorizing the Appointment of Sandra Watson as Physical Therapist op On the recommendation of the Civil Service Commission, the Board hereby AUTHORIZES the appointment of Mrs. Sandra Watson to the class of Physical Therapist (16/40) at the third step ($1192) of salary level 353($1081 - $1314) effective December 1, 1976, as requested by The Human Resources Agency. PASSED by the Board on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of on order entered on the minutes of said Board of Supervisors on the date aforesaid. Orifi. Dept: Civil Service Wdness my hand and the Seal of the Board of cc: Health Dept. Superknors Human Resources Agenogffixed this3t%i day of-ebruarV . 19 77 Auditor Administrator T J. R. OLSSON. Clerk Dewy Clerks .:e��e? 00598 In the Board of Supervisors of Contra Costa County, State of California February 8 In the Matter of Project Agreement Numbers 5, 22, and 36 fortheSecond Year Community Development Program (1976-77) The Board having this day considered the recommendation of the - Director of Planning and the Community Development Advisory Council that it approve Community Development Block Grant Program Project Agreement' . Numbers 5, 22 and 36 between the County and the City of Pinole for $55,000 in order to carry out the intent and purpose of the Housing and Community Development Act of 1974 for the period ofNovgtnlie 1, 1976 through June 30, 1977; IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute this Agreement. PASSED AND ADOPTED by the Board of-Supervisors on February 8, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date oforesaid. Witness my hand and the Seal of the Board of Supervisor affixed this 8th day of February 19 77 J. R: OLSSON, Clerk By irr Deputy Clerk Mai a M. Ne eYd Original: Planning Department cc: City of Pinole c/o Planning Dept. County.Administrator 00599 ei-2+ Ism County Auditor-Controller .c PROJECT AGREEMEN1 CONMUNITY DEVELOPMENT BLOCK GRANT PROGP-41 1. Agreement Identification. Number S. 22, 6 36 Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: City of Pinole Address: 2141 Pear Street Pinole, CA 94564 3. Term. The effective date of this Agreement is November 1. 1976 and it terminates Jame 30. 1977 unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $ 55,000.00 S. County's Obligations. County shall make those allocation payments to the contractor described in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances con- tained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incorporated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Develop- ment Block Grant Program Application dated April 6, 1976 and approved by HUD on June 25, 1976; and as more particularly described in the "Project Work Programt', attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: CO 0� OSIA, C RNIA CONTPpACTOR K/ZZ,e / By�_. 0-ee hairman, Board of upe .ATTF4: J. R. ' .County Clerk By4Depu. Note to Contractor: (1) If a public agency, designate official Recommend d by Detment capacity in public agency and attach a certified copy of the governing body resolution authorizing execution By ; of this agreement. (2) If a corporation, ( o A.- DehAesus designate official capacity in business, execute acknowledgment form and affix Forts Apppproved: County Counsel corporation seal By l/ Deputy WF:dh Microfilmed with board order 00600 PAYMENT PROVISIONS 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County fiords shall be expended under this Agreement. . If, for any reason'whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. S. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register,-Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis. must be in conformance with the requirements of Federal Management Circular 74-4, "Cost Principles Applicable to Grants and Contracts with State and Local Governments", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. S. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. (a) If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expenditure. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any particpant or to expend less during the effective period of this Agreement than those sums called for in the ' Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used.for unauthorized or illegal expenditures. -1- 00601 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that -the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocaticas which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by Paragraph 7. (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7. (Cost Report and Settlement) shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7. (Cost Report and.Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjust- ments made pursuant to Paragraph 7. (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8. (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DJF:dh -2- 00602 GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and -regulations applicable to public agencies with respect to its performance hereunder, including but not limited to, Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V. Part 57O, as published in the Federal Register, Vol. 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the.State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Records for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. S. Termination. a. Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project fiords should County request such title. b. Cessation of Funding. In the event that Federal funding for this Agreement ceases, this Agreement is terminated. c. Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the 'COOPERATION AGREBIENT, H.C.D.A. 1974" effective January 20, 1976 and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. -1- .1 00603 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing, or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the . scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalt of the County by the head of the County Department for which this Agreement is made or his designee. 8. ' Modifications and Amendments. a. General Agreements. This Agreement may be modified or amended only by a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. b. Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written administrative amendment executed by the Contractor and the head of the County Department for which this Agreement is made or his designee, subject to any required State or Federal (United States) approval, provided that such adminis- trative amendments may not materially change the Payment Provisions or the Project Work Program. C. Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under 'Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of County. 9. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. 11• Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the daisputess provision contained herein, inspections or approvals, or statements by any o iff cer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforce- ment arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modification thereto is that copy filed with the Clerk of the Board of Supervisors of Contra Costa County. 14. Assignment. This Agreement binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not assign this Agreement, or monies due or to become due hereunder, without the prior written consent of the County. 15. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. -2- 00604 a 16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand •a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if Contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". 17. • Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service: b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 18, Indemnification. a. Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. b. The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liability due to, or arising out of, either in whole or in part, whether directly or in- directly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. C. In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. d. This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insu-r-ance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned auto- mobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruc- tion of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurace coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (50) days written-notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurace as to the County, the State and Federal Governments, their officers, agents, and employees. so thar other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of this Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. -3- 00605 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 6S1 Pine Street, Martinez, California 94SS3. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Available Copies. Copies of the County's Project documents (as specified in ParagrapF97 oTect,of this Agreement), and all pertinent Federal statues, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. 23. Project Development. a. If the Project includes construction, the construction plans and specifications shall be reviewed and approved by the Contractor before construction is commenced. b. The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. c. If the Project includes acquisition of real property, the purchase price for such real property shall be determined from two County-approved appraisal reports prepared by competent appraisers or through proceedings in eminent domain. The initial acquisition offer shall be the highest County-approved appraisal. The appraisal reports and qualifications of such appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County . Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. DJF/dh -4- 00606 ASSURANCES The Contractor, as recipient of funding under Title I of the Housing and Community Development Act of 1974, assures and certifies that: 1. It will comply with the regulations, policies, guidelines and requirements of Federal Management Circulars 74-4 and 74-7, as they relate to the County's Community Development Block Grant Program application, accept- ance and use of Federal funds for this Federally-assisted project. 2. It possesses legal authority to execute the Project. S. Contractor, identified as "Applicant" below, will comply with: a. Title VI of the Civil Rights Act of 1964 (P.I. 88-3S2) and the regulations issued pursuant thereto (24 CFR Part I), which provides that no person in the United States shall on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance extended or for another purpose involving the pro- vision of similar services or benefits. b. Title VIII of the Civil Rights Act of 1968 (P.L. 90-284) as amended, administering all programs and activities relating to housing and community develop- ment in a manner to affirmatively further fair housing; and will take action to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services within the applicant's juris- diction. c. Section 109 of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFR 570.601), which provides that no person in the United States shall, on the ground of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with Title I funds. d. Executive Order 11065 on equal opportunity in housing and nondiscrimin- ation in the sale or rental of housing built with Federal assistance. e. Executive Order 11246, and all regulations issued pursuant thereto (24 CFR Part 130), which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal or federally-assisted contracts. Such contractors and subcontractors shall take affirmative action to ensure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruit- ment advertising; layoff or termination, rates of pay or other forms of compensation and selection for training and apprenticeship. f. Section 3 of the Housing and Urban Development Act of 1968, as amended, requiring that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and'contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing in the area of the project. *4. Prior to the submission of the "Project Work Program", the following have been complied with: a. Citizens have been provided with adequate information concerning the amount of funds available for the project, the range: of activities that may be undertaken, and other important project requirements; b. Citizens have been provided an adequate opportunity to participate in the development of the project and in the development of any revisions, changes, or amendments. -1 00607 S. It will: a. Provide fair and reasonable relocation payments and assistance in accordance with Sections 202, 203, and 204 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and applicable HUD regulations (24 CFR P-art .42), to or for families, individuals, partnerships, corporations or associations displaced as a result of any acquisition of real property for an activity assisted under the program; b. Provide relocation assistance programs offering the services described in Section 205 of the Act to such displaced families, individuals, partnerships, corporations or associations in the manner provided under applicable HUD regulations; c. Assure that, within a reasonable time prior to displacement, decent, safe, and sanitary replacement dwellings will be available to such displaced families and individuals in accordance with Section 20S(c)(3) of the Act, and that such housing will be available in the same range of choices to all such dis- placed persons regardless of their race, color, religion, national origin, sex, or source of income; d. Inform affected persons of the benefits, policies, and procedures provided for under HUD regulations; and e. Carry out the relocation process in such a manner as to provide such displaced persons with uniform and consistent services, including any services required to ensure that the relocation process does not result in different or separate treatment to such displaced persons on account of their race, color, religion, national origin, sex, or source of income. 6. It will: a. In acquiring real property in connection with the Community Develop- ment Block Grant Program, be guided to the greatest extent practicable under State law, by the real property acquisition policies set out under Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) and the provisions of Section 302 thereof: b. Pay or reimburse property owners for necessary expenses as specified in Section 303 and 304 of the Act; and c. Inform affected persons of the benefits, policies, and procedures under HUD regulations (24 CFR Part 42). It will give HUD and the Comptroller General through arty authorized representative access to and the right to examine all records, books, papers, or documents related to the grant. 8. It will comply with the provisions of the Hatch Act which limits the political activity of employees. 9. It will comply with the provisions of Executive Order 11296, relating to evaluation of flood hazards. 10. Its officer executing this Agreement: a. Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 insofar as the provisions of such act apply pursuant to this Part; and b. Is authorized and consents on behalf of the Contractor and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official. *11. The Community Development Program has been developed so as to give maximum feasible priority to activities which will benefit low or moderate income families or aid in the prevention or elimination o€-slums or blight. Where all or part of the Community Development Program activities are designed to meet other Community Development needs having a particular urgency, such needs are specifically described in the application under the Community Development Plan Summary. -2- 00608 12. It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particuarly those with whom they have family,'business, or other ties. 13. .It will comply with all requiresents imposed by HUD concerning special` requirements of law, program requirements, and other administrative requirements approved in accordance with Federal Management Circular 74-7. 14. It will administer and enforce the labor standards requirements set forth in Section 570.605 and HUD regulations issued to implement such require- nents. (*Assurances 4 and 11 are applicable only if Contract rr is a city.) ' . -3- 00609 , - EXHIBIT A (2) CONTRA COSTA COUNTY MUNITY DEVELOPMIENT PROGRA14 1976-1977 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION Housing Rehabilitation Program Plan -- To prepare a localized housing rehabilitation program utilizing grants and loans for low and moderate income families. The program shall include provisions for the rehabilitation of commercial and residential properties. B. PROJECT T114E SCHEDULE Time Schedule on a month-by-month basis for'the `above Project indicating when major activity items are expected to be undertaken and completed. . WORK ITEM STARTING DATE COMPLETION DATE_. Development & Adoption of Housing Rehabilitation Program Plan Nov. 1976 Feb. 1977 Delineation of Project Target Area(s) Jan. 1977 Feb. 1977 Community Relations & Communication Jan. 1977 June;.1977 Project Implementation Feb. 1977 June 1977 C. PROJECT AMINISTRATION Contractor should indicate who will be responsible for administering. the Work Program, This work program will be administered by: Walter Bo6otek Community Development Director City of Pinole 2141 Pear Street Pinole, CA 94564 (415) 758-5074 - 1 - 00610 PROJECT WORJ'. PROGR{'i D. PERFORhWiCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. 1. The City of Pinole shall develop and adopt specific guidelines and policies for program implementation and evaluation which conform to HUD regulations pertaining to code enforcement and rehabilitation financial assistance. 2. All contracts entered into under this program shall comply with appropriate HUD regulations including equal opportunity requirewents hnd Section 3 of the Housing and Urban Devevelopment Act of 1968 as amended, E. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Community Development Advisory Council representatives where applicable to discuss progress ' of the Contractor toward achieving stated work program objectives, and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports, to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. F. GENERAL OPERATIONS Overtime Prohibition. Contractor shall not allow staff overtime wage rates under this Contract. _ 2 _ . 00611 PROJECT l:Ol' . PROGRAM G. BUDGET OF ESTIMATED PROGRAM. EXPENDITURES 1. Contractor shall provide services under this Contract in accordance with the following.budget of allowable,expendi- tures: LINE NO. PROGRAM ACTIVITY AMOUNT 1. ACQUISITION OF REAL PROPERTY 2. PUBLIC WORKS, FACILITIES, SITE IMPROVEMENTS 3. CODE ENFORCEMENT 4. CLEARANCE, DEMOLITION, REHABILITATION S. REHABILITATION LOANS AND GRANTS $ 39;000 6. SPECIAL PROJECTS FOR ELDERLY AIM HANDICAPPED 7. PAYMENT FOR LOSS OF RENTAL INCOME 8. DISPOSITION OF REAL PROPERTY 9. PROVISION OF PUBLIC SERVICES 10. PAYMENT OF NON-FEDERAL SHARES ll. COMPLETION OF URBAN RENEWAL PROJECTS 12. RELOCATION PAYMENTS AND ASSISTANCE 13. PLANNING AND W%NAGEMENT DEVELOPMENT TOTAL CONTRACT AMOUNT $39,000 2. Subject to the Payment Limit of this Contract, each line item budget amount specified above may be changed with prier written authorization from the County Planning Director or his designee. 3. The above schedule is subject to a Contractor's Detailed Expenditure Schedule, which shall sub-categorize in specific detail the above line item categories and amounts and be kept on file with the County Planning Department, in the form and manner presecribed by County. 3 00612 CONTRA CO`rA COUNTY CO�1*1WITY DEVELOPMENT PROGRAI-i, 1976-1977 H. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: Community Development Department PAGE OF City of Pinole 2141 Pear St. Pinole, CA 94564 BUDGET PERIOD: July 1, 1976 - June 30, 1977 Original X Amendment No. (a) (b) (c) (d) BUDGET ITEM CD FUNDS - S + OTHER FUNDS - $ = TOTAL - S HOUSING REHABILITATION PROGRAM $39,000 $39,000 Program Development Date Gathering &Analysis Identity Options Policy & Goals Formation Target Area Delineation Community Relations & Communication Project Implementation e _ TOTAL S 39,000 S ' $39,000 NOTES: (a) Detailed categories expanded from Budget of Estimated Program Expenditures pursuant to R-IC 74-4 (b) Items that are eleigibile to be funded by-Community Development Block Grant Funds (see HUD Rules & Regulation). (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources, assurancEs and timing of other funds. (d) Sum of (b) and (c) above including both Community Development and non-Community Development funds. (e) Contract Payment Limit- for CD project. A 00613 ' EXHIi'IT A (3) CONTRA COSTA COUNTY COIA14UNITY DEVELOPI4EIlT PROGRA14 1976-1977 11, PROJECT WORK PROGRAM A. PROJECT DESCRIPTION Rehabilitation of existing structure to.provide a,neighborhood facility for youth activities. B.. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected;to, be`undertaken and completed. PROJECT COMPLEH034 DATE Kitchen plumbing Ir sink replacement April 15, 1977 Restroom toilet & sind replacement April 15, 1977 Kitchen stove installation April 15, 1977 Restroom door replacement April 15, 1977 Repair electrical system April 15, _ 1977 , (switches & outlets) Improvement of Code Violations " April 15, 1977 Building Exterior Renovation May 15, 1977- - C. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Programa Parks E: Recreation Department Public (Yorks Department' Robert E. Lee, Director Keith Freeman, Director 2221 Pear Street 2131 Pear Street Pinole, California 94564 Pinole, California 94564 (415) 758-4332 J415) 758-5074— . 00614 58-5074: . 00614 PROJECT WORK PROGRAM D. PERFORitAI:CE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation),'tiill:be'applied in implementing the Mork Program. The. Contractor shall obtain all required permits prior to comi:encing renovation work. The renovation work shall conform with all applicable building codes and laws, and in particular those laws and regulations pertaining to access to handicapped persons. Contracts let under this project agreement will conform to all federal requirements pertaining to equal opportunity and Section 3 Contractors. An executed copy of all contracts let under this agreement shall. be transmitted to the County Planning Department prior to demands being processed for payment to ensure that all appropriate clauses and provisions have been included. E. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Community Development Advisory Council representatives where applicable to -discuss progress, of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. F. GENERAL OPERATIOIIS Overtime Prohibition. Contractor shall noq allow staff overtime wage rates under this Contract. 2 00615 PROJECT PROGRAM G. BUDGET OF ESTI1•1ATED PROGRAM EXPENDITURES 1. Contractor shall provide services under this Contract in accordance with the following budget of allowable expendi- tures: LINE . NO. PROGRAM ACTIVITY AtiOUNT 1. ACQUISITION OF REAL PROPERTY 2. PUBLIC WORKS, FACILITIES, SITE IMPROVEMENTS $15,000 3. CODE ENFORCEMENT 4. CLEARANCE, DEMOLITION, REHABILITATION S. REHABILITATION LOANS AND GRANTS -'6. _SPECIAL PROJECTS FOR ELDERLY AND HANDICAPPED 7. PAYMENT FOR LOSS OF RENTAL INCOME 8. DISPOSITION OF REAL PROPERTY 9. PROVISION OF PUBLIC SERVICES 10. PAYMENT OF NON-FEDERAL SHARES 11. COMPLETION OF URBAN RENEWAL PROJECTS 12. RELOCATION PAYMENTS AND ASSISTANCE 13. PLANNING AND MANAGEMENT DEVELOPMENT, TOTAL CONTRACT AMOUNT $15,000_ 2. Subject to the Payment Limit of this Contract, each line iten budget amount specified above may be changed with prior written authorization from the County Planning Director or his designee.. 3. The above schedule is subject to a Contractor's Detailed Expenditure Schedule, which shall sub-categorize in specific ' detail the above line item categories and amounts and be kept. on file with the County Planning Department, in the form and " manner presecribed by County. _ 3 _ 00616 CO+t T RA COS t P, COUNTY COMQUITY DEVELOPIRMIT PROGRAM, 1416-1477 H. COIiTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMER: CITY OF MOLE PAGE I OF 1 BUDGET PERIOD: July 1,1976-June 30, _1977 Original X Amendment Ito. (a) (b) (c) (d) BUDGET ITEId CD FUNDS - $ + OTHER FUttDS $ = TOTAL - $ Rehabilitation of Neighborhood Facility $15,000 $15,000 -Kitchen plumbing and sink installation -Restroom toilet and sind replacement ` -Installation of kitchen stove w/hood -Restroom door replacement (sliding doors w/false i�al l Renovation of electrical system -Improvement of Code Violations -Building Exterior Renovation e TOTAL $ 15,000 $ - $ 15,000 NOTES: (a) Detailed categories expanded from Budget of Estimated Program. Expenditures pursuant to FMC 74-4 (b) Items that are eleigibile to be funded by Community Development' Block Grant Funds (see HUD Rules & Regulation). (c) Estimate of other necessary expenditures that cannot be funded with CO monies; and indication of anticipated sources, assurances' and timing of other funds. (d) Sum of (b) an (c) above'Ancluding both Community Development and non-Community 6-�velopment funds. (e) Contract PaymenLLimit- for CO project. QQ VX r EXHIBIT A (1) CONTRA COSTA COUNTY COMMUNITY DEVELOPHENT PROGRAM 1976-1977 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION Partial development of a mini-park adjacent to Pinole Valley High School. First phase development of Creekside Mini-Park, Pinole,. California, in accordance with Master Plan to include: construction and installation of benches - installation of trash receptacles installation of decomposed granite (D/G) pathways installation of utility poles as bollards B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed. _ Completion.Date Installation of utility poles 3iarch 15, 1977 Installation of D/G pathways March 15, 1977 C3nstruction of benches March 15, 1977 Installation of benches May 1, 1977 Installation of trash receptacles May 1, 1977 C. PROJECT ADMINISTRATION Contractor should indicate who will be responsible.for administering the Work Program. Parks and Recreation bepartment Robert E. Lee, Director 3331 Pear Street Pinole, California 94564 (415) 755-4333 - 1 - 00618 1 PROJECT WORK PROGRAM D. PERFOR14ANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. City of Pinole Par*&s and Recreation Department staff will supervise first phase of development in accordance with the adopted plan to insure that community volunteers performing labor adhere to specific construction standards. The contractor sha�1__comply with all state and federal regulations as they apply to the Community Development Block Grant Program, with special emphasis regarding the execution and implementation of contracts pursuant to regulations pertaining to access for handicapped, use of Section 3 contractors, and equal opportunity employment requirements. The contractor shall comply with state environmental review procedures and provide the County with copies of all environmental documents. E. PROGRAM MONI-ORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Community Development Advisory Council representatives where applicable to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring'and progress reports on work performed by sub-contractors. F. GENERAL OPERATIONS . Overtime Prohibition. Contractor shall not allow staff overtime wage rates under this Contract. - 2 - l 00619 PROJECT 'WORK PROGRAM G. BUDGET OF ESTIMATED PROGRAM EXPENDITURES 1. Contractcr shall provide services under this Contract in accordance with the following budget of allowable expendi- tures: LINE NO. PROGRAM ACTIVITY AMOUNT 1. ACQUISITION OF REAL PROPERTY 2. PUBLIC WORKS, FACILITIES, SITE IMPROVEMENTS a 11000 3. CODE ENFORCEMENT 4. CLEARANCE, DEMOLITION, REHABILITATION 5. REHABILITATION LOANS AND GRANTS 6. SPECIAL PROJECTS FOR ELDERLY AND HANDICAPPED 7. PAYMENT FOR LOSS OF RENTAL INCOME 8. DISPOSITION OF REAL PROPERTY 9. PROVISION OF PUBLIC SERVICES 10. PAYMENT OF NON-FEDERAL SHARES 17. COMPLETION OF URBAN RENEWAL PROJECTS 12. RELOCATION PAYMENTS AND ASSISTANCE 13. PLANNING AND MANAGEMENT DEVELOPMENT TOTAL CONTRACT AMOUNT $ 1,000 2. Subject to the Payment Limit of this Contract, each line item budget amount specified above may be changed with prior written authorization from the County Planning Director or his designee. 3. The above schedule is subject to a Contractor's Detailed Expenditure Schedule, which shall sub-categorize in specific detail the above line item categories and amounts and be kept on file with the County Planning Department, in the form and manner presecribed by County. - 3 - 00620 CONTRA COST:, COUNTY CO1MUNITY DEVELOPMENT PROGRAM, 1976-19977 H. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: City of Pinole PAGE 1 OF 1 Parks & Recreation BUDGET PERIOD: July 1. 1976-June 30, 1977 Original X Amendment No. (a) (b) (c) (d) BUDGET ITEM CO FUNDS - $ + OTHER FUNDS - S = TOTAL - $ 1. Utility poles Donated 2. Benches $ 250 $ 250 3. Construction and Building Materials $1,000 $1,000 Trash receptacles Irrigation Jittings Decomposed granite Misc. materials 4. Labor Donated e TOTAL $1,000 $ 250, $1.,250 NOTES: (a) Detailed categories expanded from Budget of Estimated Program Expenditures pursuant to FMC 74-4 - (b) Items that are eleigibile to be funded by Community Development . Block Grant Funds (see HUD Rules & Regulation). (c) Estimate of other necessary expenditures that cannot be funded with CO monies; and indication of anticipated sources, assurances and timing of other funds. (d) Sum of (b) and (c) above-including both Community Development and non-Community Development funds. (e) Contract Payment Limit.for CD project. 00621 In the Board of Supervisors of Contra Costa County, State of California February__8 ,1977 In the MaNer of - Appointment to Citizens Advisory Committee, County Service Area P-1, Crockett Area The Board on February 1, 1977 having appointed four members to the Citizens Advisory Committee, County Service Area P-1, noting that one vacancy exists on this five member Committee; and On the recommendation of Supervisor Nancy C. Fanden, IT IS BY THE BOARD ORDERED that Ms. Helen R. Dvorak:, 291 Virginia Street, Crockett, California 94525 is hereby APPOINTED to said Committee. PASSED by the Board on February 8, 1977. I hereby certify that the forega%q is o hue cod correct copy of an order entered on the minutes of sold Board of Supervisor on the date aforesaid. WBness my hoed and the Sed of the Board of Supervisor cc: Ms Helen R. Dvorak Public Works Director affixed tris gth day of February . 19 77 County Administrator Public Information / J. R. OtSSON, Clerk Officer By, rrrtrtn!fi 0.�/t�T"•z.� , Deputy Clerk Jamie L. Johnson H-24 3/76 Ism � 0 ■ At 11:35 a.m. the Board recessed to meet at 1:00 p.m. with the Walnut Creek City Council at the - Boundary Oak Restaurant, 3800 Valley-Vista Road, Walnut Creek, California for purposes of discussing matters of mutual interest, following Which the Board adjourned to meet with the county legislative delega- tion in an adjourned regular session at 12 noon, Wednesday, February 9, 1977 at the Ellis Restaurant, 925 L Street, Sacramento, California to present and discuss the County Legislative Program for the calendar year 1977• W. N. Boggess, Chairman .ATTEST: J. R. OLSSON, CLERK By Deputy , 4 OU623 SDN_'WR? 07 P.?OC=—DINGS BEFORE BE BOPa.D OF SUPE?PISORS C? CONTRA COSTA COU:r:Y, FEBR AP.Y 8, 1977, P AP.:D BY J. R. OLSSCN, COUNTY CLE-FK XID ?X-O??ICT_O CL3?K On THE HOARD. Approved personnel action for Health Dept. Approved appropriation adjustments for Social Service, X--raga =ire Protection District, Public Works; and internal adjustterts not affecting totals for Marshal, Delta Judicial District, Auditor-Controller, Sheriff-Coroner, County Medical Services, County Ad.^linistrator, Board of Supervisors, Public Works, Human ?esources Agency. Autherl=ed appointment of S. Watson to class of Physical Therapist at third step of salary level 3:3. Approved revised Conflict of interest Ccde of the Mt. Diablo Unified School District. Authorized attendance at meetir$s as fol:ews: G. Axelzen, District Attorney, to Annual California Ecmicide Investigators Association Conference in Reno, MIO, March 2-5, and R. --a'?, Social Se.-^ice, to ACTIOU Training Conference and Western Cerantological Society 23rd Anneal Meeting, Denver, CO, far--h 18-23. Approved request of Mor era Park and Recreation Authority for Park Dedication Trust :ands fcr construction of ter.r-1s court lighting at Campolndo H16h School. Designated Super7lscr Schroder to attend meeting of Association of Bay Area Governments' Emergency ?edical Se-vices Task Force en Feb. 15 as alternate to Supervisor . nny. Authorised :urchasin; Agent to assign lease for electranic t7pewr-4ters for County Counsel. Authorized payment of utilities for Concerted Services ?_=Ject, 27 Columbia Circle, Pittsburg, thrmush June, 1977. Authorized reimbursement of expenses far Contra Costa County Drug Atuse Eoard members while on o=,:!.' bsiness, e fecti7e Feb. 5, =977. =stablished Ctnt-a Costa Office en Aging within the Social Service Dept. A•thcrized le-ra defense for H. --.:k, Country Auditor-Controllar, and - Leal, County Treasurer---sx Collector, in cc=ection with `•'t. Diablo Municipal Court Actiar. tic. 25508 and Superior Court Acticn No. -717SC. Acknow:edged receipt of :reli.._'r.ar.: report of Country Administrator pertaining, to estab:ish--ent of a Central Per—'t Bureau, and directed staff to =dertake time next ;base of study as cutlined in the report. Denied cls,-s fcr daaaees filed by W. ?cCracken, F. Vuliirs, R. Young, K. Seybolt, and Co.—onaealth Equity Trust; and application for -'ea-.e to present late cla1m filed oy S. Car!.--'. Authorized Public Works Director to a_^amage for refund of deposit to L. Cl.ristensen in connection with correction of minor deficiencies for Sub. "43 279-71, Danville area. Accented fcr recording only Offer of Dedication for Roadwa7 Purposes from W. ?.ippee, et &I, is connection with Sub. 75 --2-7,5. Accepted Cements to Offer of,:edicaticn of Eoadway from East Bay .*h:n!cipal Uttlit7 DistrIc- C ?e a:dez, and Standard Oil Company of California in cca ectior_ with Sub. M'S 77-7=1 laid 3e =;uis:.me.^.t of Abutters ?.1�ts frog W. 3ippee, e. , in connect_cn wit:. Sub .n 22-7_. - Accepted for recerding only Offer cf Ledlcaticn of easement for d_-alrage ;uDozes required as a :onditior of atero al of Levelop=ent ?er-.t 3:22-7=. Azpraved Addend— ':c. I to p:aas and specif_ca!ons for -ire Safe:. Alter -cps at :ontra Costa County ::ail, 00624 'February C, 1577 Su.r=ary, continued Page 2 Exonerated Security Bond issued in connection with agree=ent for YS 55-74, E1 Sat-ante area, and au_h:riaea refund of cash deposit to Meadow moods Apartments in cone=tion .herewith. Estatlished special com^tutee to review processes and procedures utilized in development of Boa_-dl-s agenda, and appointed SuperN-sora Boggess and Schroder, County Adr-In s:rater, County Cousnel and Chief Clerk of the Board to said curl-.ittee. Auzhcrized Public Works Dept. to destroy certain receipt books which'are over three years old. Ac',taowledged receipt of report of County Administrator relati.^.S to certain federal and state leStsla:ive issues affecting California counties. Ackrowledced recelYt of menorandum frx Employee Relations Cfficer advising that a run-off election for Fiscal Services -Unit must be held between Associated County Enployees and Contra Costa County Employees Association, Local No. 1, and that Contra Costa County E=ployees Association. Local !;c. 1, was retained as majority representa- tive for Deputy Public Defender Unit. !'lade dezer--Inattion that division and deve/c=ent of properties in manner set forth cr parcel taps for 1'S 95-75. Knightsen area, and YS 13-75, Walnut Creek area, will not unreasonably 'interfere with free and complete exercise of public utility rights of way or easements. Accepted Offers of Dedication from R and E. Frediani, Petersen, and R. and G. aunaincer and State Dept. of Veterans Affairs required as condition of ?.mad Improvement Agreement fcr reconstruction of portion of Rudgear Road. Adopted Ordinance No. 71.-12 rezcr»ng land in the Pittsburg area (2045-?Z) and Ordinance Na. 77-13 rezonin5 land i.- the Walnut Creek. area (2Cit-RZ). Approved transfer of Ambulance Per='t Officer functions specified minder Ambulance Re;reLatio. Ordinance fro:- County Ad..inlstratcr to County Health Officer and directed County Counsel to prepa-e necessary ordinance amendment. Accepted as complete private improvements in YS 223-72, Lafayette area, and exonerated strety bond in connection, therewith. Authorized County Principal Real ?=Derry Agent to sign relocation assistance claim of A. Sorgan. at u x., in connection with Center Avenue Reconstruction, Pacheco area. As ex off!-Io the governing board of the Centra Costa County :rood Control and Eater Conservation District, authorized Public Works Director to sign consent letters to ChevronU.S.A. for transfer of title as requested by Standard Oil Company. As ex officio the governing boa.d of the Contra Costa County Fire Protection District, authorized Public Yorks Director to execute Inspection Services Agreements with J. ];elscn and S. Grady for Apparatus Repair Shop at Fire College, Concord. Authorized Public Works Director to execute the following: In<_pectlon Services ASreeaents with J. Nelson and R. Grady for George Miller, Jr., Kexorial - :'est _berareutic Sw-4—ng ?col, ?1ck=ond; and for Kitchen Remodel at Juvenile Hall, Martinez; Agree-ent with E. Langan far rental of County-owned property at 150 Camino Pablo, Orinda, n ^_Dnth to month basis; Corsulting Sertvices A-eenent with Woodward-Clyde Consultants for Final Soils Investigation of Letenticn Facility Site in County Civic Center. i`ecls-ed !-tent to open put_!.- hearings on appeal of V. Uhland, objector, and J. =s-nand, apn leant, fret ?lam^ Cc-�.'ssio: cnditional approval cf YS IOL-75, Orinda area. on Frei. 22 at 1C:35 &.=., receive tesz!=ny and continue hearings to March a at 10:30 a.m, to provide additional opportunity far all interested peracns to be hear-d. Appointed D. Patrick to Contra Ceata County Detention Facility Advisory Committee as representative of National Association for the Advancesent of Colored 'People. f 00625 ?ebrua S. 1977 Su•=-L,, toady»e_ ?arae 3 Acceptedesi.=:atl= of D. 'sl_era from Centra Costa County Community Develocrent Advisory Council a=d authorized C`. :an to execute certificate of appreciation to wl ler n. Designated N. 3e^i-, Deputy Public Norks Director, to advisory group to assist in transportation dexratration projects in Sacs=ntc-Stocrca-San ?razc_sec corridor. Authorized C..a_•=an to execute the following: As=ee= .^.t with City of D� � chLdand State for sale of certain prc;erty to the City which has been acquired b? State for npr.-paymenz cf :axes; Lease with R. Cbapot for premise3 at 211- Escobar Street, Martinez, for occupancy by Auditor; ?ro�ect Time Extension A-endrent to Agreement with State Dept. of Parks and Recreation for John varsh Some Restoration; ?rcclraaticr. dec:ar:nr, tenth of ?eb., 1977 as Soy Scouts of America Month; Contract with State E—loy-eat Developr-ent Dept. c provide public service employment for WorkZ--cent-Ire ?1c5ra. participart as typist c_e=k in Health rept.; :err.lnatica of 3ei,b.L^seae^t AS--e=ent taken to guarantee =epayrent of cost of services rendered to J. Accardi, .7r.; Ce==unity Devele»lent Block Grant ?-- Sram ?ro.4ect Ar-eeyent Nos. 5, 22 and 3E with City of ?+stole for H lay£=i; ?rOcU-; tics des!g.ati.^.g weeic of ?eb. 2=-c'_, =577 as Regional :eergency Medical Services Week; Contract with Data ;rarketir.g for previsipn cf rmagnetic tape copy of certain secured assessment roll records; Contract and a=ndme-z thereto with State for funding for Area Agency on Aging; Road Lprore=ert Agreement with P. ?etersec far reconstruction of portion of =cdgear Road, 3a_nut Creek area; Amendment to contract with J. Austin to s.bztitute ?ayaent ?rovisicns (Cost Basis Ccrtrac_s) for p-esert form-at, Payment ?rovisiens (?ee basis Contracts); Contract axe.^.dr-ent with. United Council of Spanish Speaiing Organisations, -nc., for correction cf ?ayrent ?rovisiens ~ tran3portaticn ser ices for Medi-cal Services; Agree_ent with Gilbert Vasquez and Cc--!p-any for audit of Fead Start activities for calendar year 13'5 a-d _coroaip rr.ertu-lty activities for 13 mortis ending Tune 30, =9Th, a5reewent with ;ia;; =cols Coratrscticr Cor7a:.y for in3tallatica and completion of private iTMMvexe nts in .'°S 25-T6, Lafayette area Asree--ent with L. Jo^.-son for installation and completion of private ic;revecent• in :-TS 20-76, 'aw.ut Creek a--ea; Agreement with L. aid f Curtis fcr iastallati_n and completion of private improvements AS 134-76, Wa'_-ut Creek area; Agreement w±th R. Nason for rstalla__cn and co-pletion of private in-proveme^its in MS 10-75, Lafayette area; Certification to rept. of =prying and CrbarVerelop=ezt that County has ccm;:=ed with all apt' :able federal ervi:crmental review revelations and request that rands be released for second yes.- co==u.Zity development =specified :acs- option act_vitf: Constrsczior. of indoor _"jerapeutic rocl for Handicapced in Richmond. Appointed the fcl'_ce-r:g persons to the Child »ealta and Disability ?reventior. Advisory Board for to=s indicated: K. Courter (person concerned with child health services other than parent cr physiciz-) to Oct. 7, 19T9; C. Deror, =d.D. (alternate to R. Keefe) to Oct. 7, 1377; and B. taniels (parent) to Oct. 7, 1979. As ex officio the Roar-d cf Directors of the s^assarara ?ire ?rotection District, authorised Chairman to execute ?ire Service Mutual Aid Aa__ement and send_ert thereto with Cities of Livernere and ?leasartcn, Valley Community Services District, C—p ?arks Army Base, Li7er--ere Vete:-ruts Adririszratior. Rcspital, Livermore Lawrence Faciatien :,atoratery and San Ramon and :assatara Fire Protection Cistrictz. Referred to: rlrector, au-tar. Resocrces Areacy, and Di^ectcr of ?erscrzel for report Feb. 22 request o: T. Ash that actions of Rich»cad Social Service iept. with respect to notice cf _rite»t to Take uisclplln.a.•-? Actio- be investi5ate:; Director, cu^ar. 'Resources -.rencv ro rz and co=endaticns of Ernst l -==.-s= on audit of :antra Costa Cc=-. Zh-12d Cale F_-c5ra^ f^ w '97:-7:; Public s,=ks "hector rscuest of Sar. Racer Valley CcserciaDe:•eleprent Cc=—Ittee that County --derta::e study .1 park'-»g a-d traffic --Vatic» in drmto❖n Danvi:le area; o )626 ;q zt-%) ?ebruarc E, 1977 S. *.-y, cc=tinued ?age 4 County Sheriff-Coroner and County Administrator for consideration in compilation of rrcposed 1977-75 budget request of Z. Patrick that Cour-.7 develop education and sob `.raining progr=s for persons detained in r_i-`mal justice sgstea; Counts Adrdnlstrator and County Sheriff-Coroner request of L. Clark that :nvesti- Sater be sent to ;Uddlesex County to study programs relating to pre-trial jail popula- tion •n said County; County Ads:n_Istratr request of Valley Comm=—lty Services District that Sub. x943, San P.anon area, be included in a public park and recreation services district; Supervisor Fenny, County Ad_•nistratcr, County Counsel and Public WorY.a Director (Peal Property L!v!slon) letters Sre= Sacraxnto Cownty Counsel pertaining to payments of V. Bullard for sale of WeIr:ar Medical Center property and suggesting that Weirar Hospltal Central Cottee consider reetirg to discuss possible action if escrow does not close and paysen is are not made on tlrely basis. ieaapoirated W. Ackerman to Board o^ Commissioners of Sastern Fire Protecti0n District for a tern endi^r. Dec. :, 1980. Appointed the full wing persons as alternates for supervisors indicated on the ccno.`e Opportunity Counel1 of Centra Costa County: Dr. O. Wood, County health Officer, (Supervisor ler,-v); F Jorniir., County We/fa--e Director, (SupervI-scr Sciavder); and C. Ilan Yanter, s ector, Hunan F.esou.:es Asencr, (Supervisor :ogees). Adopted the fcZloti_n5 nurbered resolutions: 77/106, revising General Assistance ?rolg as policy effective April 1, 1977; and approved report of the Finance Cortciztee (Supervisors Sct.-oder and renar) in connection therewith; 77/107, authcri_ing deposit and withdrawal_ of County tonnes Ln Local Agency :^.vestment Fund in the State Treasury; 77/10'c, denying request of Pacheco :own Council fcr abandonment of First Avenue Scut--. Pacheco; 77/120, approves Subdivision Ate--ee-ent for Sub. M- 23-76, Lafayette Furea; 77/1'', accepting as co:cplete improve-ments in Sub, 4773, Alamo area, and accepting :.as Trarpas Road as a County road; 77/-12, accepting as co=lete imprcreaerts In. Sab. &173, San Raman area, and accepting certain roads as County roads; 77/113, accepting as complete lc:provenents in Sub. 4172, San Raven area, and accepting certain roads as County roads; 77/1'-i, accepting as cce,lete icprovements for .T.S? 183-71, Danville area; 77/2-13, abandonins portions of Victory Fray and Bridgehead Road, Antioch area, and authorizing Chairman to execute quitclaim deed to F. and 6. Lodge in connection therewith; 77/11£, a--ended assess=ert for division o:' parcels in Assessment District Ito. 1961-j (Aradr Valley Water System); 77/2217, coFfIrc:tnG amended assessment for division of parcels In Assessment District No. 15?3-4ro (Danville Off-Street Parking); 77/132, appvinb proposed conder:natlon of real property required for road widening purposes, Center Avenue, ?acheco area; 77!133 and 77/134, amending Pies. 76/638 establishing rates to be paid to child ca--e institutions to increase rates of ?enny Faze, Cal-•forma Youth Hones, and Circle Y Freedom- Ranch; 77/23= th_roich '7/131, autberl=inrg changes in the assessment roll; 77/135 and 77/'-39, author3_1rg cancellation of tax liens on property acquired by public agencies; 77/1=0, authorizlnp cancellation of tax liens on and transfer to unsecured roll of property acquired by public agencies: 77/1rl. authorizing cancellation of delinquent tax penalties; 77/1:2, author!-Ing cancel'_ation of uncollected penalty and interest on assessment reduced by Azsessrnn: Appeals Board/Officer; 77/•;43 add 771144, rescinding P.ee. 7.7/26 relating to transfer of tax lien to 1976- 77 unsecured roll; 77/14=, a•tbriting Caair..an to execute app'�catien and grant award to Office of Cr14ral Justice ?12^-afro fcr Pape Bots Assistance Froject, Office of District Attorney; 77/1-5. designating successors to =embers of the Board and designating are, alternate te=porary county seat. Gave notice of intention to continue beerfrg on apveal of G. Chan from action of Beard of Appeals on app'!cation for Variance Per='-: No. 1124-76, Orinda area, to March c' at 11:35 a.=. 00621 "C 7 February 8, 1977 Sur�_.a_-•y, con".1nued Page 5 Fixed !'.arch 8 at tines indicated for heaelnS3 an the following Planning Commission rezoning applications: 11 a.m. - 2060-?Z, Or:nda area; 11:0- a W - 2206:-?Z, Orinda area; Mita. - 2024-?Z, Ori«da area; 1:15 a.=. 2059-71-', orinda area; 11:2= a.=. - 23!15-R=, Pittsburg area; -.2054-RZ, Bethel island area. Appointed H. Dworak to Citizens Advisory Cozy-'tree for CSA ?-I, Crockett area. Authorized issuance of Certificate of Appreciation to G. Fernandez, City Ceuncilran and past =ayor, City of ?Sch_-ond. Accepted resignation of J. Duarte as member of Citizens Adv13or7 Com--iaee for park and recreation function o: CSA LIB-tel, Oakley area. Denied request of Rec'_a=aticn District ::o. 2036 twat approval of its Conflict of interest Code be rodifaed to ;em t quallfacatlon of expressed dl3quallfication provision by changing "decision" to "govt.-r=ental decision." Authorized relaburser_ent to ?. Souza, L. Sal: and D. Renault for personal properry vest or dammed while in c::..tcdy of Sheriff. Waived reading and fixed Feb. 15 for adoption of ordinances giving effect to the following rezoning changes to Ag^_cl Lural Preserve -Districts (A-a): 2009-RZ, Tassajara area; 20_8-?Z, Martinez area; 2070-?Z, Brentwood area; 2079-?Z. Byron area; 2080-?Z, Sar: -.v=n area; 2082-^r.". :arville area; 2C=3-n, Byron area; 2054-RZ, Tassalara area; 2^65-RZ. Clayton area; 2038-R'., Moraga area; 2089-?Z, Martinez area; 20:0-?Z, Cla7ton area; 209-.-FZ, Byron area; and 2C54-?Z, Sar•. =anon area (to R 0 and A-1);-and in cornec- tion therewith, adapted the followlig n=!:ered resolutions estatlizhang Agricultural ?reserve Nos. Indicated: 77/1:2. • P 2-77' T=/119. A.? 12-77; T7/120, A.? 1-77 ?7/121 A.? 3-77; T?/122,A .P- ZZ-71; 77/:..:-, A.P. c-77;77/224, A. P 5-T7; 77/125, A.?. 7-77; 77/126, A4?.-=-T7; 77/121. A.?. ?-77;.71/122, ?. 20-77;•T7/129, A.?. 1:-77; 77/130, A.?. 13-77; and t 31, P. it-77. Authorized Chaff:_n to execute ural coeaer7ation contract with J. an: H. Torres (:?70-P.Z) with respect to A :n1t rat :reser-re :.c. 14-76 established by Res. 76/146, Brentwood area. Requested Internal Operations Cors:ttee to review iz•es-atlon on candidates :or Positions on Retirezert Board and report cn Feb. 22. Approved request of R%Lteers Mcrtgare Corp. (201;-?ZZ) to rezone :and in -the San area aRetail Rosiness DistriCt (=-B); waived readir:g and fixed Fec. 15 for adcptaor. of Ordinance No. 77-13 g=ulag effect to rare. Approved request of Fer_'_ll, Thiessen S CaEen (2076-?Z) to rezone land in the Alamo area to Retail Busiress District (--B); waived reading and fixed Feb. /, for adoption of Ordinance No. 77-1T g-ring effect to sa=e. Ar-prared =e =endaticr. of 'lar..arti Co r'ssion (2096-Z-) to rezone :and in the Rodeo area to Xultiple =asi17 Residential Di3tr1ct-2 (:t-2); waived reading and fixed Feb. 15 for adcptic.. of Ordinance ao. 77-15 ftav-Ong effect to sane. Approved -equest of V.a11bu Grand Prix Corp. (2079-?_) to rezone land /a tae Pacheco area to :right 1«dust-ial ?Sstrict (L-1); waved reading and fixed Feb. 1; for adoption of Ordinance No. 77-16 r-c'�g effect to sa=e. I Approved recc=endaticr of Kenning Cao aggro^ (2:1=-RZ3 to rezone lard in the :ort Chicagc area to Gerera_' A-Z=tcslt:-a: ?ism-t (A-2), waived reading and flzed Feb. Z5 fcr adoption of Crdinance No. 77-:1 giving effect to sane. -crored win- certain chances recoxendat cn of C_=Issaon that land an the ?artinez/7ire =11: area to rezoned, and directed -I- -tor of Planning and County Counzel�to ;repa_a an =_ppnrraate ordinance giving effect to i re5rua-5 i, 2977 5=-&^v, cant_mLed :ate 6 As ex cff'_c_c the Go»e--„`sr or .he Cant-a Costa County Flood Control and 'eater Conservation ?_strict, adopted Resolution No. 77/109, a Resoliticr of intersior to call election to a,trox a xzi== t=x rate fcr are-nage Area 290, Oakley area. Recessed at 22 p.r. to =eet with Walnut Creek City Council at l p.m. at Boundary Oaks Restaurant in Walnut Creek; follokinE w-hich the Board recessed to deet with the Cc*—,itc.legislatire delegation at the =11!3 Restaurant in 2acraaento.on Pet. 9 at .2 folloxin_ whh ch the Board ad-lourned to Lett III its -egularly scheduled neetlro on Pe". MRS, Y ERSS'.`« " SAN i 1 � F S 3� y s� t x± e v Ql`eC6f�1lg°d.00tall9tlt$ z `' r� C011$lit,_Ot MSK• � F��� �. y $ xj .,y i .ify 3 r f d , S d M1 3, n ± S Hid y S l W man Mom, Qmvw Wn ;Ur- W, X ..p axe r low s M P . ate Ear fix': i1 -+~ rx .,tri MW � f y go Vod 4 y 77, yylb-- 1