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HomeMy WebLinkAboutMINUTES - 03041997 - SD5-SD7 .spa THE BOARD OF at1PERVISORS, CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 4, 1997, by the following vote: AYES: Sueprvisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None RESOLUTION NO. 97/ 110 (Government Code §25350) SUBJECT: Consummate Purchase and Accept Grant Deed County Hospital 425 'C" Street, Martinez, CA Project No. 6971-4523 (6G5113) The Board of Supervisors of Contra Costa County, RESOLVES THAT: This Board on January 28, 1997, passed Resolution of Intention No. 97151 and Notice fixing March 4, 1997, at 10:30 A.M. in its Chambers, County Administration Building, 651 Pine Street, Martinez, California, as the time and place where it would meet to consummate the purchase of the real property described therein from Virginia Scudero, Trustee, et al, said property being required for the County Hospital. Said Resolution was duly published in the Contra Costa Times in compliance with Govt. Code Section 6063. The Board hereby consummates said purchase and approves the Purchase Agreement dated March 4, 1997, between Virginia Scudero, successor Trustee of the Helen M. Picco Trust UTA, dated December 30, 1986, (owner) and Asphalt Striping, Inc., (tenant), and the County for the property located at 425 "C" Street, Martinez, California, and authorizes the Public Works Director to sign the Purchase Agreement on behalf of the County. The County Auditor-Controller is hereby DIRECTED to issue a check in favor of Chicago Title Company, 590 Ygnacio Valley Blvd., Walnut Creek, California, Escrow No. 77656, for $100,000 for said property for payment to Grantors, upon their conveying to the County a Deed therefor. Said Deed, dated January 13, 1997, is hereby ACCEPTED and the Real Property Division is ORDERED to have it recorded, together with a certified copy of this resolution. orig.: Public Works(RIP) contact: Roger Frost(510)313-2223 1%W01 aA fat MY M a as aed aaaadt d cc: Auditor-Controller(via R1P) go aad0t°a�o�m a&a"n"raes�a 121"T County a�� Public Works Accounting gyp. rcn 4+ l" County Recorder(via RIP) Oft RATCHI toR,c!e%cr the board M Sup"ISMa end County Admin4baW RF-.Opp �, ''L .6ei�DW* p:Yaelpropkamp\BR77CH.t2 1 RESOLUTION NO. 97/. 110 CONTRA COSTA COUNTY 0, 13 BOARD OF SUPERVISORS Adopted this Resolution on January 28, 1997, by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None RESOLUTION NO. 971 51 (Government Code § 25350) SUBJECT: Intention to Purchase Real Property for County Hospital 425 "C" Street, Martinez, California Project No. 4405-6G5113 CP# 96-78 RESOLUTION OF INTENTION TO PURCHASE REAL PROPERTY The Board of Supervisors of Contra Costa County RESOLVES THAT: It intends to purchase from Virginia Scudero, successor Trustee of the Helen M. Pico Trust U/A, dated December 30, 1986, for County Hospital purposes, the real property described in Exhibit "A" attached hereto, for $100,000.00, in accordance with the terms and conditions of the Purchase Agreement between Contra Costa County and the grantor, and Asphalt Striping, Inc., the tenant, signed Janueary 10, 1997, which is a fair and reasonable price therefor. A copy of said Agreement is on file in the Public Works Department. This Board hereby APPROVES the activity and FINDS the activity will not have a significant effect on the environment and that it has been determined to be exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061 (b)(3). The purchase conforms to the City of Martinez general pian. This Board will meet on March 4, 1997 at 10:30 a.m. in the Board's Chambers, County Administration Building, Martinez, California, to consummate this purchase and the Clerk of this Board is DIRECTED to publish the following notice in the Contra Costa Times pursuant to Government Code Section 6063. NOTICE OF INTENTION TO PURCHASE REAL PROPERTY The Board of Supervisors of Contra Costa County declares its intention to purchase from Virginia Scudero, successor Trustee of the Helen M. Pico Trust LIM, dated December 30, 1986 , at a price of$100,000, a 3 bedroom, 1 bath, single family residence containing approximately 1,200 square feet located at 425 "C" Street, Martinez, California and more particularly described in Resolution No. 97/ 51 of the Board. The Board will meet at 10:30 a.m. on March 4, 1997, in its Chambers, County Administration Building, 651 Pine Street, Martinez, California, to consummate the purchase. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By DepOfy Clerk � RF:gpp yy YealpropYemp1BR228.t1 1)r7g. .: Public Woks Ge t.(R_ Pj Contact: Roger Frost(510 31& ec: County Administrator AudRor-Corrtrdier Grantor(via R/P) P.W.AccourAN(via RIP) RESOLUTION NO. 97/51 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor- North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone:(510) 313-2296 Contact Person:Vickie Germany - Public Works Dept. Project Description, Common Name (if any) and Location: 425 "C" Street Martinez - Transfer Title, County File #CP 96-78: The activity consists of the transfer of title of property (APN 372-191-019) to Contra Costa County. The parcel is an approximately 4,275 square foot improved lot with a 3 bedroom, 1 bath house. To preserve the existing use of the house, the County will assume all responsibilities for the maintenance of the property upon transfer of title. No new parcel will be created as a result of this activity. Project location: The property is located at 425 "C" Street in the central county area of Martinez. This project is exempt from CEQA as a: _ Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section_ _ Declared Emergency(Sec. 15269(a)) General Rule of Applicability(Section 15061(b)(3)) r Emergency Project(Sec. 15269(b)or(c)) Categorical Exemption,Class T Section_ for the following reason(s): The activity will not have a significant effect on the environment. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez,CA 94553 Attn: Janet Frattini County Clerk Fee$25 Due h:inoe'si425cst.noe (Form Revised 12-31-96) DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO. 4405-6G5113 CP NO. 96-78 ACTIVITY NAME: 425 �C" Street, Martinez -Transfer Title DATE: December 16, 1996 PREPARED BY: Janet Frattini This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY: The activity consists of the transfer of title of property (APN 372-191-019) to Contra Costa County (Figures 1 - 3). The parcel is an approximately 4,275 square foot improved lot with a 3 bedroom, 1 bath house. To preserve the existing use of the house, the County will assume all responsibility for the maintenance of the property upon transfer of title. No new parcel will be created as a result of this activity. LOCATION: The property is located at 425 °C" Street in the central county city of Martinez. REVIEWED BY: l� DATE: Vickie Germany, AICP Environmental Planner APPROVEDf 40CVATE: 7 Community Development Representative h:Wetermin\425cst.det gAenvirotforms1hatform (revised 12/16/96) S D,� FIGURE 1 � Z a 0 z w m m w 1 v 0 Z a z o (1 r0 � ° Q Q W V m < C J U W Z Q U V3 0 ° z M 0 F 0 j o <� d Q yQ ►- . U 0 < U = Q pz E— 4-j Q Q J Z u r- <� z w Z w u n c� ` .c t 1 C� Z � \✓ C C -� z U Li C Q wu. v U o Li. _ a J < J v,M. 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'. t 1 m ti 0y d� O Y �O T r�i2J1' n �.� Av 00� 9ll yS 0� Y ODq y o2S 0� �� Yo``O?da ' = MME.... ...•. .. a s Y5 0o as y qF2 > cr r C��' _ !• Orn s \•.\ ....,x 9 m'.. �jr. _. 5'' i+a000��.vpd C N 3 Y C C G C 2 yTn m> N N to D 2oH , 'O /rL/q00�•!,''�!i.. ...�- O �I 1 �. � aS_.�'i r.G om i��'$.m�'"N N tyS, r0 �Y roit s^�. ;g0 1 t' ��'� hygN L �n < qy . �o�ST ''.�p— '7-,�.'�...-� "� • N �$.,� � z -�- o � �``h-� •� w S ASH \1 � � '`� n' a 99 \�'�0. 7 V Wh4`H/20 � A fn C r R ry 1•- L- J�.i ._...----'�_� �C\,DOt' Gar, Y 'C � •y D f � "l �1 n S , nd 140j CO 5CACE S D-5 °>f SITE FIGURE 3 a foo ar (APN 3fiT-Q19}is m desionated by hatch marks. �Q P I S p I NOT TO SCALE N P C1 r2 A a v I v q p G.C.Co. i � � � � ¢•j° ~ N Q ry ° N a I Q z i r So vr•r ; --�T�T�t N%� 0' DD - _ — N 215 rn e 1 e O /4 S2. N - a m N a _. v, GO nN -mi o (' 0 {}� w ran Iae N f5 C OD N C.C.CO. YS too # V U too NW I� f00 ry00lase OD �L V 0 O Y0 v L.e 00 Ifjl aP>T a NNaC f FYn r Se i5114Yj 4O� 21 To CITY To CITY �. NT 25 f .27 Re3t0 "'12,R 3% fm 3700 Oct-" u�p To cITY•DTW ae SS6-co QI y >rw 9i11 OR 470 1-K'4o i w lld04-53 - .... i'.45�l — �--- ---LPa' .l_ 5Q rL — ttb ALHAMBRA AV( CHarvey E. Bragdon Community Contra Director of Community Development Development Costa Department County County Administration Building 651 Pine Street 4th Floor, North Wing Martinez, California 94553.0095 \ Phone: 335'1235 Ih� �.� i; January 7, 1997 fjY �Y� i•. County File #CP 96-78 Attention: Public Works Department Janet Frattini-Design Division Dear Applicant: The Contra Costa County Community Development Department has completed an initial study of the environmental significance of the project represented by your pending application bearing County File Number CP 96-78, 425 Street-Transfer TPde in the Martinez area. In conformance with Contra Costa County Guidelines for implementing the California Environmental Quality Act of 1970 (CEQAj, it has been determined that your project will not have a significant effect on the environment. Your project fails within the following category: (x) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS NOT REQUIRED. I 1 The Project is categorically exempt (class_). f i The CEOA requirements are accommodated by the EIR previously prepared for { ) A statement that an EIR is not required (Negative Declaration of Environmental Significance has been filed by the Community Development Department (unless appealed). (✓) Other: General Rule of Applicability (Section 15061(b)(3)) ( ) AN ENVIRONMENTAL IMPACT REPORT IEIR) IS REQUIRED. I ) The complexity of your project requires your submission of additional special reports or information (as outlined on the attached sheet) (which will be outlined in a forthcoming letter). ( I A consultant will be hired to prepare the environmental impact report. This procedure is explained on the attached sheet. If you have questions concerning this determination or desire additional information relative to environmental impact report regulations, please call (510) 335-1213 and ask for Debbie Chamberlain. Sincerely yours Harvey E. Bragdon Director of Community Development y_ By J:\audray\t s SS, b • i •d Contra ' Costa TO: BOARD OF SUPERVISORS p, .uupA -_ County FROM: HARVEY E. BRAGDON '• "� DIRECTOR OF COMMUNITY DEVELOPMENT eoST------Co K DATE: February 13 , 1997 SUBJECT: Establishment of a Special Tax Area Zone 124 within County Service Area P-6, for a Police Service District for Subdivision 877003 (Orchard Oaks) . The Site is vacant and is located at the southeast corner of the intersection of Live Oak Avenue and Gum Tree Road in the Oakley area. (Parcel #041-100-023) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the Resolution creating Zone 124 within County Service Area P-6 and authorizing an election. Resolution No. 97/65 2 . Adopt the Ordinance establishing a fee for a Police Service District for Subdivision 7003 , County Service Area P-6, Zone 124 . Ordinance No. 97-6 3 . Direct the County Clerk to conduct the election required by Government Code Section 53978 . This election shall be conducted by mail ballot pursuant to Code Section 1340 and shall be held on the earliest date permitted by law. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS Subdivision 7003 was approved by the Board of Supervisors on September 13 , 1988 . The approval allowed the subdivision of the 5 . 3 acre site into 12 residential lots. Condition #8 of Subdivision 7003 requires the applicant to participate in the provision of funding to maintain and augment police services by voting to approve a special tax for the lots created by the approval. The initial assessment is to be $100. 00 per lot annually per Condition #8 of SUB 7003 . CONTINUED ON ATTACHMENT: X YES SIGNATUREy,s �( � _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMIT EE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON March 4� 1997 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Arthur Beresford - 335-1212 Orig: Community Development Department ATTESTED March4, 1997 cc: County Counsel PHIL BATCHELOR, CLERK OF Sheriff-Coroner - Attn. Julie Hayes THBOARD OF SUPERVISORS County Clerk - Elections A COUN ADMINISTRATOR Auditor-Controller Assessor BY O , DEPUTY 2 . The property owner has requested that an election to establish a police service zone for this property be set. AB/aa BDI/7003 .AB THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 4, 1997 , by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT:None ABSTAIN:None - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SUBJECT: Creating County } RESOLUTION NO. 97165 Service Area P-6 Zone 124 1 (Gov. C. 25210.8 & (SUB 7003 ) ) 54900 ff.) in the Oakley Area and } and Authorizing a 1 Special Tax Election in ) Said Zone. ) This Board recognizes the need for increased police protection services in the above subject zone and the difficulty of funding the current or an increased level of services by revenues now available. Government Code Sections 50077 and 53978 establish procedures for voter authorization of a special tax in order to provide additional funding for police protection. NOW, THEREFORE, THIS BOARD HEREBY DETERMINES, ORDERS AND DIRECTS: 1 . That portion of Contra Costa County Service Area P-6 described in Attached Exhibit "A" is established as Zone 124 of County Service Area No. P-6. No affected properties located therein will be taxed for any existing bonded indebtedness or contractual obligations as a result of the formation of said zone. 2. The Clerk of this Board shall cause the filing of a statement of the creation of said zone to be made with the County Assessor and the State Board of Equalization (in Sacramento) pursuant to Government Code Sections 54900-54902. The filing shall include a map or plot indicating the boundaries of said zone. 3. That Ordinance No. 97-6 adopted this date is to be presented for approval of the voters of Zone 124 of County Service Area No. P-6 by a May 6, 1997 mail ballot election according to the following ballot proposition: "Shall Ordinance No. 97-6 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 124 of County Service P-6 to maintain the present level of police protection service and provide additional funding for increased police protection service?" 4. The County Clerk (Elections Clerk) is directed to take all steps necessary to conduct the election required by this order. Said election shall be conducted by mailed ballot (Elections Code Sections 1340 and 1350 ff.) and shall be held as specified above. A synopsis of the Ordinance may be used. hereby certify that this is a true and correct copy or Ori De t:Communit Development An action taken and entered on the minutes of the Orig. p Y p Board of Swore the date shown. cc: County Counsel 4*TESTED � - L} + 19A1? Sheriff-Coroner, Sgt. Julie Hayes PHIL 6 TCHELOR, Clerk of the Board County Clerk - Elections Q pa viso nd count A mmistrator Auditor-Controller Assessor By — — .Deoun. RESOLUTION NO. 97/65 RESOLUTION 97165 SUB 7003 ZONE 124 EXHIBIT "A" Annexation to Police Services District All that certain real property situated in the unincorporated area of Contra Costa County, State of California,described as follows: Parcel "B" of Subdivision MS 85-75 of Parcel Maps, filed in Book 54 at Page 8, Contra Costa County Records,more particularly described as follows: Beginning at the most northeasterly corner of said Parcel "B" (54 PM 8); thence around the perimeter of said Parcel "B" the following five courses; South 0° 32' 39" West, 549.59 feet; North 890 13' 36" West,420.67 feet;North 00 32'29" East, 60.01 feet;North 0° 32' 39" East, 488.84 feet; and North 89° 19' 36" West 420.67 feet to the point of beginning. All bearings based on the California Coordinate System, Zone III (CCS 27) Containing an area of 5.30 acres, more or Iess. AP#041-100-023 Qpg4 ESStp E �2 CE 31695 EXP. F�6 F OF 870 31gl OAA-t EYROAD I PARCEL A 35 PM 41 I PARCEL A 54 PM 8 GUM TREE ROAD P.O.B. S 89'1936`E 420 67' I Z all ti h � b _ PARCEL C PARCEL 6 I 54 PM 9 54 PM 8 W v I 0 W I ca'y M N 89'1336W 420.67' 'RVT SStpy SIAGGS ADAMS 19247 OR 952 { 12506 OR 591 U 3 t No. 31695 }cE 6y sl Fc AP# 047- 100-023 BELLECCI & ASSOCIATES INC , DATE APRIL 1996— SCALE: I" =100' 1 _. FILE NO.: 87053PLT �EET 1 OF 1 CIVIL ENGINEERING—LAND PLANNING—LAND SURVEYING [� 2290 DIAMOND BLVD., SUITE 685-4569 2290 CA. 94520 E ' I I T !—t ORDINANCE NO. 97-6 (An ordinance of the Board of Supervisors of Contra Costa County) Authorizing a special Tax for Police Protection Services in Zone 124 of County Service Area No. P-6 The Contra Costa County Board of Supervisors ORDAINS as follows: ARTICLE I . PURPOSE AND INTENT. It is the purpose and intent of this Ordinance to authorize the levy of a tax on parcels of real property on the secured property tax roll of Contra Costa County that are within Zone 124 of Contra Costa County Service Area No. P- 6 in order to augment funding for police protection. This tax is a special tax within the meaning of Section 4 of Article XIIIA of the California Constitution. Because the burden of this tax falls upon property, this tax also is a property tax, but this tax is not determined according to nor in any manner based upon the value of property; this tax is levied on a parcel and use of property basis. Insofar as not inconsistent with this ordinance or with legislation authorizing special taxes and insofar as applicable to a property tax that is not based on value, such provisions of the California Revenue and Taxation Code and of Article XIII of the California Constitution as relate to ad valorem property taxes are intended to apply to the collection and administration of this tax (Article IV of this Ordinance) , as authorized by law. The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary. ARTICLE II . DEFINITIONS. The following definitions shall apply throughout this Ordinance: 1. "Parcel" means the land and any improvements thereon, designated by an assessor' s parcel nap and parcel number and carried on the secured property tax roll of Contra Costa County. For the purposes of this ordinance, parcel does not include any land or improvements outside the boundaries of Zone 124 of County Service Area P-6 nor any land or improvements owned by any governmental entity. -1- ORDINANCE NO. 97-6 2 . "Fiscal year" means the period of July 1 through the following June 30 . 3 . Contra Costa County Service Area P-6 Zone 124 (hereinafter called "Zone") means that portion of the unincorporated area of Contra Costa County located within the Zone's boundaries described (see Exhibit A attached hereto) . 4. "Use Code" means the code number assigned by the Assessor of Contra Costa County in order to classify parcels according to use for ad valorem property tax purposes. A copy of the Assessor's use code classifications chart is attached hereto as Exhibit B and incorporated herein. 5. "Consumer Price Index" means the Consumer Price Index for all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose Area (1982-84=100) as published by the U. S. Department of Labor, Bureau of Labor Statistics. If the Consumer Price Index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Consumer Price Index had not been discontinued or revised. 6. "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing power as the base amount in first fiscal year dollars as measured by the Consumer Price Index. The base amount shall be the amount of tax per parcel as specified in Article III lA herein. The adjustment from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section III 1B herein. ARTICLE III . AMOUNT AND LEVEL OF TAXES 1 . The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below. A. For First Fiscal Year: The tax per year for the first fiscal year (July 1, 1998 through June 30, 1999) shall be the Amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit C incorporated herein. -2- ORDINANCE NO. 97-6 SO�b B. For Subsequent Fiscal Years: In order to keep the tax on each parcel in constant first year dollars for each fiscal year subsequent to the first fiscal year, the tax per year shall be adjusted as set forth below to reflect any increase in the Consumer Price Index beyond the first fiscal year a tax is levied. In each July, the Board of Supervisors of Contra Costa County shall determine the amount of taxes to be levied upon the parcels in the zone for the then current fiscal year as set forth below. For each Property Use Category on Exhibit C, the tax per year on each parcel for each fiscal year subsequent to the first fiscal year shall be an amount determined as follows: Tax Per Parcel Tax Per Parcel (Consumer Price Index For then Current = For First X for April of Immediately Fiscal Year Fiscal Year Preceding Fiscal Year) (Consumer Price Index for First Fiscal Year of Levy) Provided, however, that in no event shall the tax per parcel for any fiscal year be less than the amount established for the first fiscal year. 2 . The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Article IV, below. A complete listing of the amount of taxes on each parcel shall be maintained by the Sheriff- Coroner of the County of Contra Costa at Martinez , and be available for public inspection during the remainder of the fiscal year for which such taxes are levied. ARTICLE IV. COLLECTION AND ADMINISTRATION. 1. Taxes as Liens Against the Property. The amount of taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and Taxation Code Section 2187 , and shall have the same effect as an ad valorem real property tax lien until fully paid. -3- ORDINANCE NO. 97-6 s D,b 2 . Collection. The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property taxes and shall be due the County of Contra Costa. Insofar as feasible and insofar as not inconsis- tent with this Ordinance, the taxes are to be collected in the same manner in which the County collects secured roll ad valorem property taxes . Insofar as feasible and insofar as not inconsis- tent with this Ordinance, the times and procedure regarding exemptions, due dates, installment payments, corrections, cancella- tions, refunds, late payments, penalties, liens, and collections for secured roll ad valorem property taxes shall be applicable to the collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax: 1) the secured roll tax bills shall be the only notices required for this tax, and 2) the homeowners and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount of value. 3 . Costs of Administration by County. The reasonable costs incurred by the County officers collect- ing and administering this tax shall be deducted from the collected taxes. ARTICLE V. SEVERABILITY CLAUSE If any article, section, subsection, sentence, phrase of clause of this Ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portion of this Ordinance. The voters of the Zone hereby declare that they would have adopted the remainder of this Ordinance, including each article, section, subsection, sentence phrase or clause, irrespec- tive of the invalidity of any other article, section, subsection, sentence, phrase or clause. ARTICLE VI . EFFECTIVE DATE. This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be held May 6 , 1997 so that taxes shall first be collected hereunder for the tax year beginning July 1, 1998 . -4- ORDINANCE NO. 97-6 5Db PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on March 4, 1997 by the following vote: AYES: SUPERVISORS Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: CLOIAJL /;*aDtjAuty Board Chair VJW:df df4:vju\ord\csap6 -5- ORDINANCE NO. 97-6 ORDINANCE 97-6 sa 6 SUB 7003 ZONE 124 EXHIBIT "A" Annexation to Police Services District All that certain real property situated in the unincorporated area of Contra Costa County, State of California, described as follows: Parcel 'B" of Subdivision MS 85-75 of Parcel Maps, filed in Book 54 at Page 8, Contra Costa County Records, more particularly described as follows: Beginning at the most northeasterly corner of said Parcel "B" (54 PM 8); thence around the perimeter of said Parcel "B" the following five courses; South 0° 32' 39" West, 549.59 feet; North 89° 13' 36" West, 420.67 feet;North 0° 32' 29" East, 60.01 feet;North 0° 32' 39" East, 488.84 feet; and North 89° 19' 36" West 420.67 feet to the point of beginning. All hearings based on the California Coordinate System,Zone III (CCS 27) Containing an area of 5.30 acres, more or less. AP#041-100-023 4p�4 ESSk}q'Q( Q15 GE y � 4 CE 31695 � EXP. Y�6 � or 87057 Ig1 61) OAKLEY ROAD I PARCEL A 35 PM 41 ( PARCEL A 54 PM 3 GUM TREE ROAD P.O.E S 89'1936"£ 420.67' dvro o j n' h o a O = FARCEL 3 3 PARCEL C ( 54 PM 8 54 PM 8 � o h b w w N in b N 89'7336"W 42067' 4Rp4E5SlO,y9 SlC9 GS DAM 1 12500R 59> 3247 3R 952 Iz No. 31695 A �c E 6 } sf R Tc API 011- 100-02.3 T C, DATE:: APRIL 1996 SCALE; 1" = 100' BELLECCI & ASSOCIATES INC. FILE NO.: 87053PLT SHEET 1 OF 1 CIVIL ENGINEERING -LAND PLANNING—LAND SURVEYING PH. (510) 685-4569 EXHIBIT A 2290 DIAMOND BLVD., SUITE 100 CONCORD CA. 94520 (spb EXEiIBIT B ORDINANCE N0. 97-6 o o. N Y> SUB 7003 ZONE 124 s s a N o 0 y15 £+� •�+f'SI '� W P J (d['�� J O (n a � @ fd b b �_ N O p _ N ? J 0 a p 0 C p ID m ^ •9 N b O 3 ?_ C O.y•C J..-� � o C o � > 0.�ra3 Z l7 m stn m 'p m 7 o Q m W•� c _ S Y Y['� W .e my >yN •}y N pp p �1 N '� Wyi N g N a O � x x m ,6 N iu N ID w o MOT u�'-" � J S vin Cni y 3 � m g3o 3 g o m a 3 c 1 ,3 5. toQY o ` = w c m Y � o.e n v J P J m N 3 3 0 �' R^ m J C q a •�.m —y O c 11 N `=f J w@ a y 0 cm m Z N 2. J ' b Y �O `� ��' � Gni 9 �m V � �• 9 A 0 3 P � 6 A D Q' O n � V O m a m ID vn m ej '00 D , o c 77 a ® � o3m AQP oNxAJ Euvo 77 3 o W m= m m wm � m m 316 j fT �c 6 N C rJr mq Y o v �i 2` a q-pir •• ? m � ^ � .c w m � R o' £ o.ID P � b a � Z oa m� m tbf b V16 � J 61Q w J a O m m � •• a n y ST m -a mm� a� 3a -- m S� �� � Oc P2. * mg m0 a �' �'o � Da 6 n3 � ca3in H =Ira -.IN moi- auZi m v w b J o W O n m !? s.P. io ORDINANCE NO., 97-6 , SUB, 7003 ZONE 124 FOR FISCAL YEAR JULY 1998 Tff UGH UNE 3al 1999 EXHIBIT C PROPERTY USE ANNUAL TAX ODE CATEGORY EXPLANATION PER PARCEL 11 Single Family Residence - $ 100 1 res., 1 site 12 Single Family Residence - $ 100 1 res., 2 or more sites 13 Single Family Residence - $ 100 2 res. on 1 or more sites 14 Single Family Residence- $ 100 other than single fam. land 15 Misc. Improvements - 1 site $ 100 16 Misc, improvements - $ 100 2 or more sites 17 Vacant - 1 site $ 50 18 Vacant - 2 or more sites $ 50 19 Single Family Residence - $ 100 Det. w/common area 20 Vacant - Multiple $ 50 21 Duplex $ 100 22 Triplex $ 100 23 Fourplex $ 100 24 Combinations $ 100 25 Apartments (5 -12 units) $ 200 26 Apartments (13 - 24 units) $ 200 27 Apartments (25 - 59 units) $ 300 28 Apartments (60+ units) $ 400 29 Attached PUDs: $ 100 Cluster Homes, Condos, etc. 30 Vacant - Commercial $ 50 31 Commercial Stores - $ 300 Not Supermarkets 32 Small Grocery Stores $ 300 (7-11 , etc.) 33 Office Buildings $ 200 34 Medical, Dental $ 200 35 Service Stations, Car Wash $ 200 36 Garages $ 200 37 Community Facilities $ 400 (recreational, etc.) 38 Golf Courses $ 200 39 Bowling Alleys - $ 200 40 Boat Harbors $ 200 41 Supermarkets $ 300 (not shopping centers) 42 Shopping Centers S 400 43 Financial Buildings $ 200 (ins., Title, Banks, S&L) 44 Motels, Hotels & Mobile S300 Home Parks 45 Theaters S300 46 Drive-In Restaurants S 200 47 Restaurants (not drive-in) S 200 48 Multiple & Commercial S 200 49 New Car Agencies S 200 50 Vacant Land ( not part of S 50 ind. park or P. & D.) 51 Industrial Park 5 1400 52 Research & Development S 200 53 Light Industrial S 200 54 Heavy Industrial S 200 55 Mini Warehouses (public Storage) S 300 56 Misc. Improvements S 200 61 Rural, Res. Improvement 1A-I OA S 100 62 Rural, w/or w/o Structure 1 A-10A S 100 70 Convalescent Hospitals/ 5 200 Rest Homes 73 Hospitals S 2200 74 Cemeteries/Mortuaries S 210 75 Fraternal & Service Organizations S 200 76 Retirement Housing Complex S 340 78 Parks & Playgrounds 5 400 85 Public & Private Parking $ 200 87 Gammon Area $ 200 88 ' Mobile Homes $ 100 89 Other (split parcels in different $ 100 tax code areas). 99 Awaiting Assignment $ i00 1 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA 2 3 Re: Condemnation of Property far RESOLUTION OF NECESSITY 4 stabilization of slide area and repair of No. 971200 damage,Bay Point Area (C.C.P. Sec. 1245.230) 5 6 The Board of Supervisors of Contra Costa County,California,by vote of two-thirds or more of 7 its members, RESOLVES THAT: 8 Pursuant to Government Code section 25350.5 Contra Costa County intends to construct a public 8 improvement to stabilize a landslide area and repair damage caused by earth movement in the Bay Point 10 area and make related improvements and, in connection therewith, acquire certain interests in real 11 property. 12 The property to be acquired consists of one (1)parcel and is generally located in the Bay Point 13 area. The said property is more particularly described in Appendix "A", attached hereto and 14 incorporated herein by this reference. 15 On February 13, 1997, notice of the County's intention to adopt a resolution of necessity for 16 acquisition by eminent domain of the real property described in Appendix "A" was sent to persons 17 whose names appear on the last equalized County Assessment Roll as owners of said property. The 18 notice specified Tuesday, March 4, I997 at 10:30 a.m. in the Board of Supervisors Chambers in the 19 Administration Building, 651 Pine Street, Martinez, California, as the time and place for the hearing 20 thereon. 21 The hearing was held at that time and place,and all interested parties were given an opportunity 22 to be heard. Based upon the evidence presented to it,this Board finds,determines and hereby declares 23 the following: 24 1. The public interest and necessity require the proposed project; and 25 2. The proposed project is planned and located in the manner which will be most compatible 26 with the greatest public good and the least private injury; and 27 3. The property described herein is necessary for the proposed project; and 28 4. The offer required by Section 7267.2 of the Government Code was made to the owner or 1 SE4 1 owners of record. 2 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED: 3 To acquire in the County's name, by condemnation, the titles, easements and rights of way 4 hereinafter described in and to said real property or interest(s)therein, in accordance with the provisions 5 for eminent domain in the Code of Civil Procedure and the Constitution of California: 6 Parcel 1 is to be acquired in fee title. 7 To prepare and prosecute in the County's name such proceedings in the proper court as are 8 necessary for such acquisition; 9 To deposit the probable amount of compensation, based on an appraisal, and to apply to said 10 court for an order permitting the County to take possession and use said real property for said public uses 11 and purposes. 12 PASSED and ADOPTED on March 4, 1997, by the following vote: 13 AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier 14 NOES: None 15 ABSENT: None 16 ABSTAIN: None 17 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced, passed 18 and adopted by the vote of two-thirds or more of the Board of Supervisors of the Contra Costa County, 19 California, at a meeting of said Board on the date indicated above. 20 Dated: March 4, 1997 21 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator 22 23 By: �ItLdV14 24 Deputy 25 cc: Public Works Department Real Property Division 26 Auditor-Controller County Counsel (certified copy 27 County Administrator 28 H:IDFOTIIBRIEFSISLAIGREGG-RN.WPD 2 Hill 310 Land Creep Parcel 1 - Fee Title Drawing M-417-96 APPENDIX "A" Gregg at ux. Real property in an unincorporated area of the County of Contra Costa, State of California being a portion of the northwest 114 of Section 15, T. 2N., R. 1W., Mount Diablo Meridian, being a portion of PARCEL TWO granted to Hugh Gregg, et ux, recorded October 17, 1974 in Book 7347 of Official Records at page 504 described as follows: Commencing at the southwesterly corner of Lot 12 as shown on the map of Subdivision 6484 filed October 1, 1986, in Book 307 of Maps at page 15, thence along the westerly boundary of Lot 12 and its northerly prolongation, north 11°03'06" west 263,02 feet to the Point of Beginning, thence from the Point of Beginning south 71'56'46" west 23.44 feet; thence south 76013'44" west 114.03 feet; thence south 72°16' 30" west 74.70 feet; thence south 76°04'08" west 25.75 feet; thence south 79025'59" west 94.57 feet; thence south 75045'15" west 29.45 feet, to the northwesterly boundary line of said Parcel 2 (7347 0.R. 504), thence north 47041'54"east 10.87 feet; thence along the northwesterly and northerly boundary of said Parcel 2 north 62058'25" east 98.74 feet; thence north 72058'23" east 200.12 feet, thence north 48°12'25" east 67.25 feet to the northeastern corner of said Parcel 2 (7347 Q.R. 504), thence south 11003'06" east 68.95 feet to the Point of Beginning. Containing an area of 11,942 square feet of land, more or less. Bearings and distances are based on the California Coordinate System Zone III (CCS27). This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. t �S�p LAND SUgy cF, '� ZWEM, Fj Signature: Licensed Land Surveyor rap,/ Contra Costa County Public Works Na. ssss Date: _.— J�— s' 6 ��Of CAttiFa�``'`P g:\clerica1\exhibits\Hi13crep.ex 12/5/96 Su PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY Date: February 25, 1997 TO: Board of Supervisors FROM: J. Michael Walford, Public Works Director Arl� itii� P� SUBJECT: Report Re: Condemnation Hearing, March 4, 1997 11 Sandy Cove Slide Repair Project, Bay Point Area Pursuant to procedure approved by Board Order, dated November 1, 1988, the Public Works Director sent a Notice of Intention to Adopt a Resolution of Necessity for acquisition by eminent domain of real property in the Bay Point area to stabilize a landslide and repair damage to public road improvements, and set March 4, 1997, at 1:45 p.m. and thereafter as the date and time affected owners may appear and be heard as to matters specified by law under C.C.P. Section 1245.235 as set forth below. Upon recommendation of County Counsel, the following report is made for the Board's information and consideration prior to taking action upon said hearing. I. Proposed Project - In late February 1996, a large bedrock landslide began to manifest movement between Beaulieu Drive, Beaulieu Place and Sandy Cove Lane in Bay Point. As interim emergency measures, storm runoff and sewer facilities were diverted and temporary above-ground utility service was established to some of the uphill residences. After extensive study of the complex geologic nature of the site and the multiple factors associated with landslide movement, the County's engineers developed a plan to stabilize the slope. As part of this plan, contractors built a large earthen buttress at the bottom of the failing slope. A total of eight houses were purchased by the County in order to provide sufficient space to construct the buttress. Its construction necessitated the infilling of approximately 600 lineal feet of creek channel, and a 575-foot-long five-foot diameter culvert was placed as part of the buttress so that lateral soil pressures would be transmitted across the creek channel. At the top of the slope the County's contractors constructed a "drainage gallery," a series of wells designed to intercept groundwater and conduct it away before it reaches the slide area. The outfall for this gallery is located the toe of the buttress immediately upstream of the new culvert. 1 SE0 Due to the emergency nature of the project, the owner of the property sought to be acquired was very cooperative, granting the County temporary rights to construct as quickly as possible. Subsequently, however, the County's agents and the owner have been unable to reach agreement as to permanent rights. Contra Costa County, through the Real Property Division of the Public Works Department, has made an offer of just compensation to the owners of record for the rights required for this project. The offer was based on an appraisal of the fair market value of said property rights. In order to secure permanent property rights for the project, it is necessary for the County to exercise its power of eminent domain. Pursuant to Section 1245.235 of the Code of Civil Procedure, notice was given to the following persons whose names and addresses appear on the last equalized County Assessment Rall: Hugh Gregg 4300 Evora Road Bay Point, CA 94565 This notice consisted of sending by first-class and certified mail on February 13, 1997, a Notice of Intention which noted these owners that a hearing is scheduled for March 4, 1997 at 1:45 p.m. and thereafter in the Board's Chambers, at which time they may appear to be heard on the matters referred to in the notice. !I. Scope of Hearing Per C.C.P. Section 1245.235 A. Public Interest and Necessity require the proposed proiect. Because all sewage and storm runoff for the Sea Breeze subdivision is conveyed through Beaulieu Place within the landslide headscarp, the public health and safety of all 138 upslope homes were impacted by the slide. Twenty-six of the homes were directly impacted by temporary utilities service, and ten upslope homes were in immediate peril. On the downslope side, four residences were also affected, though not as severely as those above. Lateral movement was occurring beneath Sandy Cove Lane, towards the open creek channel behind the residences. It was essential that the County proceed expeditiously to effect a long-term solution to the massive earth movement before the onset of the next rainy season. B. The proiect is planned and located in the matter that will be most compatible with the greatest public good and the lease private iniury. Prior to construction, an extensive surface and subsurface geotechnical 2 investigation of the site was conducted. During the analysis, a number of slope repair alternatives were considered. The alternative which was selected provides the optimum combination of drainage measures at top of slope to permanently lower the groundwater levels and the construction of an earthen buttress to restore slope support. These measures were determined to be the most feasible to repair the landslide and ensure restoration of the remaining residential units. C. The property sought to be acquired is necessary for the project. It was necessary to fill a portion of the creek in order to prevent the triggering of a shallow slide on a weak plane which was discovered during the site investigation. The infilling also provides support for the southerly portion of the earth buttress. The size and depth required for the earth buttress were controlled by the existing geologic features and the extreme depth of the failure plane. The property sought to be acquired is the minimum necessary to effect the repair while also minimizing the impact on the existing creek. III. Recommended Action A. Board to ask if any notified property owners wish to be heard as the three items specified in Section II above, whether the offer of compensation required by Section 72672.2 of the Government Code has been made, or on any other issue which they would like the Board to consider when deciding whether to adopt the proposed Resolution of Necessity, except for the issue of compensation. B. Upon completion and closing of the hearing, it is recommended that the Board make the findings and determinations listed under 11 A, B and C above, make an additional finding that the offer of compensation required by Section 7267.2 of the Government Code has been made to the owner or owners of record, adopt a Resolution of Necessity to acquire the required property by eminent domain and direct the Board Clerk to file a copy of this report. JMW:NW:gpp g:realpropLLemp�greggbd.t2 CC: County Administrator's office County Counsel Real Property Board Clerk-If approved by the Board,please file a copy of this report in your records. 3