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
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Public Works Accounting gyp. rcn 4+ l"
County Recorder(via RIP) Oft RATCHI toR,c!e%cr the board
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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 �
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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
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(revised 12/16/96)
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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
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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.
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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
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ORDINANCE N0. 97-6 o o.
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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