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Home My WebLink AboutMINUTES - 07161985 - 1.31 31 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 16, 1985 by the following vote: AYES: Supervisors Powers , Torlakson and Fanden NOES: None ABSENT: Supervisors. Schroder and McPeak ABSTAIN: None SUBJECT: Accepting Assessment District Screening Committee Recommendation for Assessment District 1984-2, East Bates Avenue Improvements, Concord Area. The Assessment District Screening Committee has submitted a report dated June 21, 1985, with a recommendation that Assessment District 1984-2 Concord area, be formed using 1915 Act Bonds. IT IS BY THE BOARD ORDERED that the recommendations of the Assessment District Screening Committee are ACCEPTED. 1 hereby certify thal,this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: JUL 161985 PHIL BATCHELOR, Clerk of the Board of Supervisors and County.administrator By , Deputy Originator: Public Works (ES) cc: Assessment District Screening Committee Bob Brunsell P.O. Box 8808 Emeryville, CA 94662. Roy Parker, City of Concord 1950 Parkside Drive Concord, CA 94519 Isakson & Associates 1353 Pine Street Walnut Creek, CA 94596 BO:16.t7 RESOLUTION NO. �S RESOLUTION ACCEPTING PETITION EAST BATES AVENUE ASSESSMENT DISTRICT NO. 1984-2 The Board of Supervisors of the County of Contra Costa resolves : Certain owners of real property have filed with the Clerk of this body a petition, signed by them, requesting the public improvements described in the petition, the cost to be specially assessed against land benefiting from the improvements. The petition contains an express waiver of statutory proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, as provided in Section 2804 of the Streets and Highways Code. The Board. of Supervisors finds that all of the owners of more than sixty percent (60%) in area of the land subject to assessment for the proposed improvements have signed the petition. Accordingly, the Board of Supervisors accepts the petition and directs that special assessment proceedings shall be undertaken by the terms of the petition, and without further compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. This action is final within the meaning of Section 3012 of the Streets and Highways Code. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra .Costa, State of California, at a regular meeting thereof, held on the 16th day of July, 1985. ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By l� RESOLUTION Nn, /.316 RESOLUTION NO. RESOLUTION APPROVING BOUNDARY MAP EAST BATES AVENUE ASSESSMENT DISTRICT NO. 1984-2 The Board of Supervisors of the County of Contra Costa resolves: A. map entitled "Proposed Boundary Map of East Bates Avenue Assessment District No. 1984-2, Contra Costa County, California" has been filed with the Clerk of the Board . This Board approves the map and adopts the boundaries shown on the map as describing the extent of the territory included in a proposed assessment district to be known as East Bates Avenue Assessment District No. 1984-2, Contra Costa County, California. This Board finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code . This Board directs the Clerk to certify the adoption of this resolution on the face of the map, and to file a copy of the map with the County Recorder for placement in the Book of Maps of Assessment Districts. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of California, at a regular meeting thereof, held on the 16th day of July, 1985. ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By C(OPY RE50LUT!0N NO. RESOLUTION NO. RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES EAST BATES AVENUE ASSESSMENT DISTRICT NO. 1984-2 The Board of Supervisors of the County of Contra Costa resolves: This Board of Supervisors approves that certain agreement between the County of Contra Costa and STURGIS, NESS, BRUNSELL & SPERRY a professional corporation, for services of that firm as Special Bond Counsel for East Bates Avenue Assessment District No. 1984-2, Contra Costa County, California, dated July 16, 1985, on file with the Clerk of the Board. The Chairman of the Board of Supervisors is authorized to sign the agreement and the Clerk is authorized to attest its execution. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of California, at a regular meeting thereof , held on the 16th day of July, 1985. ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By RESOLUTION NO. g,s/ya 1. 314 RESOLUTION NO. RESOLUTION REQUESTING JURISDICTION OF THE CITY COUNCIL OF THE CITY OF CONCORD EAST BATES AVENUE ASSESSMENT DISTRICT NO. 1984-2 The Board of Supervisors of the County of Contra Costa resolves : The Board of Supervisors proposes to adopt a Resolution of Intention, a copy of which is annexed hereto, marked Exhibit A, and by reference incorporated herein as though fully set forth. A portion of the property proposed to be assessed lies within the City of Concord. The area of the City of Concord which lies within the proposed assessment district will, in the opinion of the Board of Supervisors of the County of Contra Costa, be benefited by the improvements referred to in the proposed Resolution of Intention, and the purposes sought to be accomplished by the work can best be accomplished by a single, comprehensive scheme of work. The Resolution of Intention, attached as Exhibit A, is hereby adopted as the proposed Resolution of Intention for the improvement referred to. The consent of the City of Concord, ''through its City Council, is hereby requested to the formation of the district described in said Resolution of Intention, to the improvement described, and to the assumption of jurisdiction by this Board for all purposes in connection with the formation of this assessment district, the improvements to be made and the assessment of property within the boundaries of the proposed district. �. I � a RESOLUTION NO. The Clerk is hereby directed to transmit a certified copy of this resolution with the proposed Resolution of Intention attached, and a certified copy of the map showing the boundaries of the district, to the City Clerk of the City of Concord . - I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of California, at a regular meeting thereof, held on the 16th day of July, 1985. ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County ,Administrator By RESOLUTION NO, ?��3 2 RESOLUTION NO. RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN EAST BATES AVENUE ASSESSMENT DISTRICT NO. 1984-2 The Board of Supervisors of the County of Contra Costa resolves : This Board intends to order the following improvement under the authority of the Municipal Improvement Act of 1913: The construction of the following described street improvements, including clearing, grading , subbase , base, pavement, curbs and gutters, driveways, sidewalks, storm drainage facilities, sanitary sewers, water lines and appurtenances, underground utilities, street lights, signalization .and right-of-way acquisitions, as necessary: 1. Bates Avenue from Port Chicago westerly to the east boundary of Mason Industrial Park (52' curb to curb, 72' R/W) . 2. Industrial Way from Arnold Industrial Way to Bates Avenue (48' curb to curb, 60 ' R/W) . 3 . Port Chicago Highway from Arnold Industrial Way to Bates Avenue as per the City 's current plan (14' median, 37' curb to curb Southbound lanes and 37' curb to curb northbound lanes) . 4 . Port Chicago Highway from Bates Avenue North approximately 1, 400 feet, widening the existing pavement approximately 21 feet along the east side without frontage improvements, this widening will provide four traffic lanes and a parking strip on the west side. A full transition will be provided at Bates to conform to the six. lanes south of Bates. 5. A traffic signal at the corner of Bates Avenue and Port Chicago Highway. Frontage improvements will be constructed as part of the project, except in areas specified above and assessed separately. This Board finds that the land specially benefited by the improvement is shown within the boundaries of the map entitled, "Proposed Boundary Map of East Bates Avenue Assessment District No. 1984-2, Contra Costa County, California. " This map has been approved by the Board of Supervisors and is now on file with the County Clerk. The land within the exterior boundaries shown on the EXHIBIT A map shall be designated East Bates Avenue Assessment District No. 1984-2, Contra Costa County, California. This Board intends to levy a special assessment upon the land within the described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvement. There shall be omitted from special assessment all public streets, alleys and places and all land belonging to the United States, the State of California, and this County now in use in the performance of a public function. Where any disparity occurs in level or size between the improvement and private property, this Board determines that it is in the public interest and more economical to eliminate the disparity by doing work on the private property instead of adjusting the work on public property. Accordingly, work may be done on private property for this purpose with the written consent of the landowner. This Board intends to enter into an agreements with Contra Costa Water District, Central Contra Costa Sanitary District, Pacific Gas and Electric Company and Pacific Bell under the provisions of Section 10110 of the Streets and Highways Code, inasmuch as certain facilities included in the improvement are to be under their ownership, management and control. Serial bonds representing unpaid assessments, and bearing interest at a rate not to exceed .twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 - (Division 10 , Streets and Highways Code) , and the last installment of the bonds shall mature not more than nineteen (19) years from the second day of September next succeeding twelve (12) months from their date. The procedure for the collection of assessments and 2 advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11. 1, Division 10 , of the Streets and Highways Code of the State of California. This Board finds that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 - (commencing with Section 2800, Streets and Highways Code) does not apply to these proceedings. This Board appoints Isakson & Associates, Inc. , as Engineer of Work for this project, and directs the preparation of the report required by Section 10204 of the Streets and Highways Code. In the opinion of this Board, the public interest will not be served by allowing owners of assessable lands to enter into a contract for the work of improvement as otherwise permitted in Section 20485 of the Public Contract Code. The amount of any surplus remaining in the improvement fund after completion of the improvement and payment of all claims shall be transferred to the general fund if the surplus does not exceed the lesser of one thousand dollars ($1000) or five percent (5%) of the total amount expended from the fund. Otherwise the entire surplus shall be applied as a credit on the assessment as provided in Section 10427 . 1 of the Streets and Highways Code. 3