HomeMy WebLinkAboutMINUTES - 04011997 - SD5-SD7 SQ S
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TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: April 1, 1997
SUBJECT: ADOPT Resolution Confirming the Assessments for the Hillcrest Heights Geologic Hazard
Abatement District, Subdivision No. 7582 and Ordering Levy and Collection of Assess-
ments, EI Sobrante Area. (WO #5086)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
ADOPT the Resolution confirming the assessments for the Hillcrest Heights GHAD and Order
Levy and Collection of assessments for FY 1997-98 and subsequent years.
11. Financial Impact:
No County General Fund Impact.
The GHAD is an independent Special District and all expenses will be covered through annual
parcel assessments.
III. Reasons for Recommendations and Background:
The Board of Supervisors approved the formation of the Hillcrest Heights GHAD on July 23, 1996
and appointed itself as the Board of Directors of the GRAD. The formation of the GHAD for the
Hillcrest Heights Subdivision 7582 was a condition of approval for this project.
On February 11, 1997, the Board adopted the resolutions approving the GHAD budget and
declaring its intention to order an assessment for the Hillcrest Heights GRAD. On February 11,
1997 the Board also directed the Elections Clerk to mail the ballot to th o ners of each parcel
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON April 1, 1997 APPROVED AS RECOMMENDED x OTHER—
This
THER_This is the time heretofore noticed for hearing on the above matter. The hearing was
opened and testimony taken from Rick Gulledge, 650 El Centro Road, E1 Sobrante who
expressed concerns with the process. Skip Epperly, Public Works Department, responded
to Mr. Gulledge's concerns. Supervisor Rogers moved approval of the item. IT IS BY
THE BOARD ORDERED that Resolution No. 97/178 is ADOPTED as recommended above.
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT 5 )
AYES: NOES:
ABSENT: ABSTAIN:
SE:jlg:cs
6130 boaprtt3
Contact: Skip Epperly,(313-2253)
Orig.Div: Public Works
cc: Auditor Controller I hereby certitythatthi818 a true endCorrectcopyof
Accounting an action taken antl entered on the minutes Of the
Engineering Services Board Of SOsots o the date
D.Curtin,McCutchen,Doyle,Brown 8 Enerson ATTESTED:
A.Lindgren,McCutchen,Doyle,BrownB Enerson PHIL 8 ELOR, mark of the Board
J.Wollman,Wollman 8 Associates O perviSOr nd County Inistrator
9v o
,Deputy
r
ADOPT Resolution Confirming the Assessments for the Hillcrest Heights Geologic Hazard Abatement
District, Subdivision No. 7582 and Ordering Levy and Collection of Assessments, EI Sobrante Area
Page 2
April 1, 1997
owner and set April 1, 1997 as the date for the hearing. When the ballots are returned from the parcel
owners, the Elections Clerk will deliver the tabulated ballots to the Clerk of the Board prior to the April
1, 1997 hearing. If there is not a majority protest among the ballots received, the Board may order the
assessments for FY 1997-98 and adopt this Resolution if there is not a majority of dissenting votes.
IV. Consequences of Negative Action:
The GHAD will not have funding and the development of this subdivision may not be able to be
completed.
SD.5b
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 1, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber and DeSaulnier
NOES: None
ABSENT: Supervisor Canciamilla
ABSTAIN:None
SUBJECT:
ACCEPTING CANVASS OF VOTES FOR THE HILLCREST HEIGHTS
GEOLOGIC HAZARD ABATEMENT DISTRICT SUBDIVISION 7582
The Board received the Certificate of the County Clerk giving the results of the
March 31, 1997 Special Election for the Hillcrest Heights Geologic Hazard Abatement
District Subdivision 7582, wherein each landowner of the district was allowed one vote,
weighted according to the proportional financial obligation of the affected property,
approving Ordinance No. 96/72 in order to authorize a benefit assessment on property
located in the Hillcrest Heights Geologic Hazard Abatement District Subdivision 7582.
The Board hereby ACCEPTS the Canvass of votes from the County Clerk-
Recorder showing the Measure passed as follows:
Total Landowner Voted Yes No
66 65 65 -o-
ily ttud this ise trueendoorrectoopyof
en action taken and entered on the minutes of the
Board of laora idlik
date shown,
ATTESTED:
PHI BATC LOof ttre Board
and ministrator
By a .Deputy
Orig. Dept. Public Works Department (Special Districts)
Skipp Epperly, 313-2253
cc: County Administrator
Assessor
Auditor-Controller
County Counsel
Community Development
Accounting
c:\wp\wpdocs\election\board\hillcrest.wpd
CERTIFICATE OF COUNTY CLERK TO RESULT OF THE CANVASS OF THE
HILLCREST HEIGHTS GEOLOGIC HAZARD ABATEMENT DISTRICT
SUBDIVISION 7582 MEASURE ELECTION RETURNS.
State of California }
} ss.
County of Contra Costa }
I, STEPHEN L. WEIR, County Clerk of Contra Costa County, State of
California,do hereby certify that I did canvass the returns of the vote cast at the March
31, 1997 Special Election. I further certify that the statement of the vote cast, to which
this certificate is attached, shows the whole number of votes cast in said County, and
the whole number of votes cast for and against the measure in said County and in each
respective precincts therein, and that the totals of the respective columns and the totals
as shown for and against the measure are full, true and correct.
WITNESS my hand and Official Seal this 1st day of April, 1997.
STEPHEN L. WEIR, County Clerk
(SEAL)
HILLCREST HEIGHTS GEOLOGIC HAZARD ABATEMENT
DISTRICT SUBDIVISION 7582
OFFICIAL CANVASS
The Election was conducted by Landowners of the effected area. The ballots
are weighted according to the proportional financial obligation of the affected
property.
Total Landowner Votes Voted Yes No
66 65 65 0-
SD.5 C
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 1, 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber and DeSaulnier
NOES: None
ABSENT: Supervisor Canciamilla
ABSTAIN: None RESOLUTION NO. 97/178
SUBJECT: Confirming Assessment for Hillcrest Heights Geologic Hazard Abatement District
Subdivision 7582, and Ordering Levy and Collection Thereof.
The Board of Directors of the Hillcrest Heights Geologic Hazard Abatement District
RESOLVES THAT:
1. On July 23, 1996 the Board of Supervisors adopted Resolution No. 96/329, approving the
formation of a geologic hazard abatement district (the "GHAD") for the Hillcrest Heights
area and appointing itself to act as the Board of Directors of the GHAD.
2. In order to defray the costs and expenses of maintaining and operating the GHAD
improvements, it is necessary to provide for a reliable source of GHAD funding.
3. Public Resources Code Sections 26650 et seq. authorizes, after a noticed hearing, the levy
and collection of an assessment upon benefited property within the GHAD to pay for
maintenance and operation of GHAD improvements. Article XIII D of the California
Constitution imposes additional requirements for the levy and collection of such an
assessment.
4. On February 11, 1997, pursuant to both Public Resources Code sections 26650 et seq. And
Article XIII D of the California Constitution, the Board adopted a Resolution of Intent to
Order an Assessment for Hillcrest Heights Geologic Hazard Abatement District Subdivision
7582, and Setting a Public Hearing to Consider all Protests Against Said Assessment,
Resolution Number 97/72.
5. This Resolution declares the Board's intention, consistent with the requirements of Article
XIII D of the California Constitution, to order that the costs and expense of maintaining and
operating the GHAD improvements shall be assessed against the property within the GRAD.
6. This Resolution declares the Board's intention to assess against the property within the
GHAD, for the 1997-1998 fiscal year and for subsequent years, all or a part of the amounts
set forth in the Assessment Report, attached to this Resolution as Exhibit B, and prepared
pursuant to the provisions of both Public Resources Code section 26651 and Article XIII D
Section 4 of the California Constitution.
7. This Resolution states that the Board will conduct a public hearing (the "Hearing") on
Tuesday, April 1, 1997 at 10:30 a.m. in Room 107 of the Board of Supervisors' Chambers,
651 Pine Street, Martinez, California 945553.
8. This Resolution directs the Election Clerk to 1) mail the written notice of the Hearing (the
"Notice"), attached as Exhibit C to this Resolution, to the record owners of each parcel upon
which the assessment will be imposed and 2) attach to the Notice the ballot (the "Ballot"),
attached as Exhibit D to this Resolution, and the Assessment Report. This Resolution also
directs the Clerk of the Board to publish notice of the public hearing in a local newspaper.
9. This Resolution directs the Election Clerk to deliver all the Ballots received from record
owners to the Board prior to the start of the Hearing. This Resolution states that the Board
will then consider all protests against the proposed assessment and tabulate the Ballots. This
Resolution states that in tabulating the Ballots, the Ballots shall be weighed according to the
RESOLUTION NO. 97/ 178
proportional financial obligation of the affected property. This Resolution states that the Board shall
not impose the assessment if there is a majority protest. This Resolution states that if there is no
majority protest, the Board will levy the assessment.
Wherefore, the Board of Supervisors of Contra Costa FINDS, CERTIFIES and ORDERS
THAT:
1. The Election Clerk and the Clerk of the Board provided notice of the Hearing as described
above in accordance with Public Resources Code section 26652 and Article XIII D Section
4 of the California Constitution.
2. The Hearing was held before this Board on April 1, 1997 at 10:30 a.m. At the Hearing, the
Board heard and considered any and all protests to the proposed assessment. At the Hearing,
the Election Clerk delivered to the Board all the Ballots received from record owners of
property within the GHAD. The Board tabulated the ballots and weighed them according to
the proportional financial obligation of the affected property. The Board then closed the
Hearing.
3. Based upon the tabulation of the Ballots, the Board finds that there is not a majority protest.
Therefore, the Board is authorized to levy the proposed assessment under Public Resources
Code section 26653 and Article XIII D Section 4 of the California Constitution.
4. The Board hereby orders that the costs and expenses of maintaining and operating the GHAD
improvements shall be assessed against the property within the GHAD.
5. The Board further confirms the assessment, as set forth in the Assessment Report, and orders
that the amount of the assessments against each parcel of property within the GHAD shall be
as provided in the Assessment Report.
6. The Board further orders that the amounts set forth in the Assessment Report shall be
assessed against property within the GHAD for the 1997-1998 fiscal year and for subsequent
fiscal years.
7. The Board further orders that the Assessment shall be levied and collected in the following
manner:
(a) The Clerk of the Board shall cause to be recorded a notice of assessment, as provided
for in Section 3114 of the California Streets and Highways Code, whereupon the
assessment shall attach as a lien upon the property, as provided in Section 3115 of the
Streets and Highways Code.
(b) Thereafter, the assessment shall be payable at the same time and in the same manner
as general taxes on real property within the GHAD are payable.
(c) All funds generated by the assessment, and all interest earned on the assessment, shall
be segregated, and deposited in a separate account for the exclusive benefits of the
GRAD, and shall not be deemed at any time to constitute funds credited to the
County Treasury.
ByIgl��
Chair, Board of Directors of Hillcrest Height
Geologic Hazard Abatement District, and Chair
of the Board of Supervisors of Contra Costa County
Attest:
] JAS ' N.0i
Clerk of the District
SE jlg:cs
g.\engsvc\BO\ghad.res
Ong.Dept Public Works Depa,trnent(Special Disnid)
Conten: Skip Epperly(510)313-2253
cc: County Administrator
Audita,Controller
Accounting
Engineering Services
D.Curtin,McCuthcen,Doyle,Broom&Enerson
A.Lindgren,Mccutchen,Doyle,Brown Ene,son
1.Wollman,Wolhnen&Associates
RESOLUTION NO. 97/ 178
EXHIBIT B
Assessment Report/Engineer's Report for
Hillcrest Heights Subdivision 7582
Geologic Hazard Abatement District
A. Hillcrest Heights Subdivision 7582 Geologic Hazard Abatement District
Estimated Budget 1997-1998 Fiscal Year
A. Projected Income
Assessment
$875 per parcel per year X 66 parcels = $57,750
B. Projected Expenses
General Manager/Geologist $ 8,500
Support Services $ 3,000
Repair, maintenance and improvements $18,250
(as provided in the approved,
Repair, Maintenance and
Improvement Program)
Legal, accounting and insurance $ 8,000
County staff services $ 0
Reserve $20,000
$57,750
B. Total Assessment on the GRAD
The total assessment to be levied on the Hillcrest Heights Subdivision 7582 Geologic
Hazard Abatement District (the "GHAD") is $57,750 in fiscal year 1997-1998. This amount shall
be adjusted annually to reflect the percentage change in the Consumer price Index (CPI) over the
previous twelve month period.
C. Assessment on each Parcel
Each parcel within the GHAD shall be assessed $875 in fiscal year 1997-1998. This
amount shall be adjusted annually to reflect the percentage change in the CPI over the previous
twelve month period.
D. Methodology Used in Formulating the Assessment
The purpose of the Hillcrest Heights Subdivision 7582 Geologic Hazard Abatement
District (the "GHAD") is to maintain an extensive network of drainage facilities to prevent
geologic hazards, and to help finance mitigation, abatement and control measures in the event that
geologic hazards occur. The basic costs of maintaining the drainage system and preventing
geologic hazards are the expenses for: General Manager/Geologist; support service; repair
maintenance and improvements; legal, accounting and insurance; and County staff services. In
addition, based upon the existing geologic conditions and information about the GHAD drainage
system contained in the Plan of Control, the County and the applicant determined that a $60,000
reserve should be accumulated the District to help finance mitigation, abatement and control
measures in the event that geologic hazards occur. The reserve will be built up in the first three
years of operation of the GRAD, $20,000 per year.
There are 66 lots in the GHAD which will all be benefitted by the District. The project
EIR on file with the Department of Public Works recognized a potentially significant geologic
hazard for Hillcrest Heights Subdivision 7582. As detailed in the Plan of Control, on file with the
Department of Public Works, the drainage system that will be maintained by the GHAD includes
subdrains and other drainage improvements equally spaced throughout the project. All the
components of the drainage system will be maintained and monitored with similar intensity. Each
parcel in the GHAD will thus receive approximately the same benefits from the GHAD.
Accordingly, the $57,750 total assessment on the GHAD will be evenly divided between the 66
parcels in the district and each parcel will be assessed $875. The automatic CPI adjustment to the
assessment is justified because it will correct the assessment to approximately reflect changes in
actual cost of operating the GRAD.
E. Engineer's Report
This Assessment Report contains all of the items included in engineer's reports prepared
by the Contra Costa County Department of Public Works. The Assessment Report, therefore,
constitutes an engineer's report. The Assessm ,te has been reviewed and approved by the
undersigned registered professional engine e*f rty the State of California
GEG
California+xgineefs Certification No. SSS
F. Report by General Manager of Hillcrest Heights Geologic Hazard Abatement
District.
The undersigned, District Geologist/Manager of the GHAD, has prepared this report
pursuant to State Public Resources Code section 26551 and Section 4, Article XIII D of the
California Constitution. It sets forth the GHAD estimated budget for the 1997-1998 fiscal year
(Part A), the proposed estimated assessments to be levied each fiscal year against the GHAD and
each parcel of property within the GHAD (Parts B and C), a description of the method used in
formulating the estimated assessments (Part D), and constitutes an engineer's report.
It is proposed that all or part of the amount set fort in Parts B and C will be assessed
against the property within the District for the 1997-1998 fiscal year and for subsequent fisal
years.
x 44?t:1
William Wigginton, Br9trict Geologist/Manager
Hillcrest Heights Geologic Hazard Abatement District
EXHIBIT C
Notice of adoption of resolution by the Board of Directors
of Hillcrest Heights Subdivision 7582
Geologic Hazard Abatement District
On July 23, 1996, the Board of Supervisors of Contra Costa County adopted Resolution
No. 96/329, approving the formation of a geologic hazard abatement district for the Hillcrest
Heights area (the"GHAD") and appointing itself to act as the Board of Directors of the GHAD.
The GHAD was formed pursuant to State Public Resources Code Section 26500 et seq. for the
proposed of prevention, mitigation, abatement and control of geologic hazards.
NOTICE IS HEREBY GIVEN that:
On February 11, 1997 the, Board of Supervisors adopted Resolutionsetting a
public hearing to consider adoption of an assessment for the GHAD. The amou t of the
assessment will be $57,750 per year for the entire GHAD, of which $875 per year will be
chargeable to each parcel you own in the GHAD. The assessment shall continue to be levied in
perpetuity. The assessment will be adjusted annually to reflect the percentage change in the
Consumer Price Index over the previous twelve-month period.
The attached Assessment Report/Engineer's Report for Hillcrest Heights Subdivision
7582 Geologic Hazard Abatement District(The"Assessment Report")was prepared by the
District Geologist/Manager of the GHAD and describes in detail the reason for the assessment
and the basis upon which the amount of the proposed assessment was calculated. The
Assessment Report specifically sets forth the yearly estimated budget of the 1997-1998 fiscal
year, the total assessment that will be chargeable to the entire GRAD, the proposed estimated
assessments to be levied each year against each parcel of property, and a description of the
method used in formulating the estimated assessment. A copy of the Assessment Report is also
available for inspection at the office of the Clerk of the GRAD, Room 106, County
Administration Building, 651 Pine Street, Martinez, California.
The Board will conduct a public hearing(the"Hearing") on Tuesday, April 1, 1997 at
10:30 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez,
California 94553 to tabulate ballots and hear any protests on the proposed assessment.
The following paragraph provides the procedures for returning and tabulating the ballots:
A ballot is attached to this notice. A copy of this notice, ballot and Assessment Report have been
sent to each of the owners of property within the GHAD. The ballot may be completed and
mailed to the Elections Clerk, 625 Court Street, Martinez, CA 94553. At the Hearing, the
Elections Clerk will deliver the ballots it receives to the Board of Supervisors. The Board of
Supervisors will then consider all protests and tabulate the ballots. The Board of Supervisors will
not impose the proposed assessment if there is a majority protest A majority protest exists if,
upon the conclusion of the Hearing, ballots submitted in opposition to the assessment exceed the
ballots submitted in favor of the assessment. In tabulating the ballots, the ballots will be weighted
according to the proportional financial obligation of the affected property.
Inquiries regarding the proposed assessment may be made to Mr. William Wigginton,
District Geologist/Manager of the GHAD, telephone (408) 662-0609.
EXHIBIT D
1997 BALLOT PROPOSITION- BOARD OF SUPERVISORS ADOPTION OF A
RESOLUTION TO AUTHORIZE A ASSESSMENT TO FUND THE HILLCREST
HEIGHTS GEOLOGIC HAZARD ABATEMENT DISTRICT SUBDIVISION 7582
Shall Resolution 96/_of the Contra Costa County Board of Supervisors be
enacted to authorize a benefit assessment of$875 per parcel per year to be levied each year on
property within the Hillcrest Heights Geologic Hazard Abatement District Subdivision 7582 ("the
GHAD"). The amount of this assessment will be automatically adjusted annually to reflect the
percentage change in the consumer price index("CPP') over the previous twelve month period.
The specific activities that the GHAD will perform include: (1)maintaining an extensive surface
and subsurface drainage facilities to prevent geologic hazards within the GHAD, and (2)
establishing a reserve fund to, mitigate, abate or control minor landslides, erosion and other
geologic hazards within the GHAD.
Send completed ballots to:
Elections Clerk
625 Court Street
Martinez, CA 94553
[Elections Clerks to insert address of all parcels
belonging to the record owner who will receive
this ballot]
Vote on the Proposition(circle one): Support Oppose
CONTRA COSTA Co Recorder'•s Office
STEPHEN L. WEIR, County Recorder
WHEN RECORDED fAAlLTO
DOC - 97-0202283-00
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NOTICE OF
ASSESSMENT
Pursuant to the requirements of Section 3114 of the Streets and Highways Code, the
undersigned Clerk of the Board of Supervisors, State of California hereby gives notice
that a diagram and assessment were recorded in the office of the County Recorder of
Contra Costa County as provided for in said section more particularly described on
that certain assessment diagram filed in accordance with the section in Book 6 I of
Maps of Assessments and Community Facilities Districts at Page 33 in the Office
of the County Recorder of the County of Contra Costa and relating to the following
described real property:
Hillcrest Heights Geologic Hazard Abatement District for the area generally known
as Hillcrest Heights described as Subdivision Number 7582.
Notice is further given that upon the recording of this notice in the office of the
county recorder, the several assessments assessed on the lots, pieces, and parcels
shown on said filed assessment diagram shall become a lien upon the lots or portions
of lots assessed respectively, as shown on Exhibit "A" attached hereto and
incorporated herein.
Reference is made to the assessment diagram and assessment roll recorded in the office
of the County Recorder of Contra Costa County.
Dated:
ATTEST:
Owner Notification:
Phil Batchelor
(1)Reinaldo DeCorvalho Clerk oftheBoard of Supervisors
Eivira Hoqueira And County Administrator
1041 Manor Road
El Sobrante, CA 94803 By:
(2) Cerrito Development, Inc.
3083 Lawrence Expressway
Santa Clara, CA 95051
$:d
EXHIBTT A
List of Property Owners
Hillcrest Heights Geologic Hazard Abatement district
June 1997
Assessment Iliagram No. Assessor's Pat^¢ei Wo. Property Owuer's Name
1 420-230-001 Cerrito Development
2 420-230-002 Cerrito Development
3 420-230-003 Cerrito Development
4 420-230-004 Cerrito Development
5 420-230-005 Cerrito Development
6 420-230-006 Cerrito Development
7 420-230-007 Cerrito Development
8 420-230-008 Cerrito Development
9 420-230-009 Cerrito Development
10 420-230-010 Cerrito Development
11 420-230-011 Cerrito Development
12 420-230-012 Cerrito Development
13 420-230-013 Cerrito Development
14 420-230-014 Cerrito Development
15 420-230-015 Cerrito Development
16 420-230-016 Cerrito Development
17 420-230-017 Cerrito Development
18 420-230-018 Cerrito Development
19 420-230-019 Cerrito Development
20 420-230-020 Cerrito Development
21 420-230-021 Cerrito Development
22 420-230-022 Cerrito Development
23 420-230-023 Cerrito Development
24 420-230-024 Cerrito Development
Assessment Diagram No. Assessor's Pared No, Prgperty Owoer's Name
25 F 420-230-025 Cerrito Development
26 420-230-026 Cerrito Development
27 420-230-027 Cerrito Development
28 420-230-028 Cerrito Development
29 420-230-029 Cerrito Development
30 420-230-030 Cerrito Development
31 420-230-031 Cerrito Development
32 420-230-032 Cerrito Development
33 420-230-033 Cerrito Development
34 420-230-034 Cerrito Development
35 420-230-035 Cerrito Development
36 420-230-036 Cerrito Development
37 420-230-037 Cerrito Development
38 420-230-038 Cerrito Development
39 420-230-039 Cerrito Development
40 420-230-040 Cerrito Development
41 420-230-041 Cerrito Development
42 420-230-042 Cerrito Development
43 420-230-043 Cerrito Development
44 420-230-044 Cerrito Development
45 420-230-045 Cerrito Development
46 420-230-046 Cerrito Development
47 420-230-047 Cerrito Development
48 420-230-048 Cerrito Development
49 420-230-049 Cerrito Development
51 420-230-050 Cerrito Development
51 420-230-051 Cerrito Development
52 420-230-052 Cerrito Development
53 420-230-053 Cerrito Develo ment
Assessment Diagram No. Assessor's Parcel No.. Property Ownees Name
54 420-230-054 Cerrito Development
55 420-230-055 Cerrito Development
56 420-230-056 Cerrito Development
57 420-230-057 Cerrito Development
58 420-230-058 Cerrito Development
59 420-230-059 Cerrito Development
60 420-230-060 Cerrito Development
61 420-230-061 Cerrito Development
62 420-230-062 Cerrito Development
63 420-230-063 Cerrito Development
64 420-230-064 Cerrito Development
65 420-230-065 Cerrito Development
66 420-230-066 Reinoldo DeCorrelho
Eivira Ho ueire
.Yw
rps
14 JM
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OUMv/4
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2 AS EX OFFICIO GOVERNING BODY OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
3
4 Re: Condemnation of Property RESOLUTION OF NECESSITY
for Flood Control Purposes NO. 97/554
5 San Ramon Creek Improvement Project (C.C.P. § 1245.230)
Alamo Area
6 The Board of Supervisors of ity, California as ex officio governing body
7 of the Contra Costa County Flood Control and Water Conservation District, by vote of two-thirds or
8 more of its members,RESOLVES that:
9 Pursuant to West's Water Code,Appendix Section 63-5 and Deering's Water Code,
10 Uncodified Acts,Act 1656, Section 5, Contra Costa County Flood Control and Water Conservation
11 District intends to construct a flood control channel project, a public improvement, and, in
12 connection herewith, acquire interests in certain real property.
13 The property to be acquired consists of 10 parcels and is generally located in the Alamo area.
14 The said property is more particularly described in Appendix"A", attached hereto and incorporated
15 herein by this reference.
16 On March 11, 1997,notice of the District's intention to adopt a resolution of necessity for
17 acquisition by eminent domain of the real property described in Appendix"A"was sent to persons
18 whose names appear on the last equalized County Assessment Roll as owners of said property. The
19 notice specified April 1, 1997, at 10:30 a.m. in the Board of Supervisors Chambers in the
20 Administration Building, 651 Pine Street,Martinez, California, as the time and place for the hearing
21 thereon.
22 The hearing was held at that time and place, and all interested parties were given an
23 opportunity to be heard and based upon the evidence presented to it,this Board finds, determines
24 and hereby declares the following:
25 1. The public interest and necessity require the proposed project; and
26 2. The proposed project is planned and located in the manner which will be most
27 compatible with the greatest public good and the least private injury; and
28 3. The property described herein is necessary for the proposed project; and
RESOLUTION NO. _97/554 1
SD,Ila
1 4. The offer required by Section 7267.2 of the Government Code was made to the
2 owner or owners of record.
3 The County Counsel of this District's is hereby AUTHORIZED and EMPOWERED:
4 To acquire in the District's name,by condemnation,the titles, easements and rights of way
5 hereinafter described in and to said real property or interests therein, in accordance with the
6 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
7 Parcels 1783, 1785, 1787, 1788, and 1797 are to be acquired as permanent drainage
8 easements.
9 Parcels 1783T, 1785T, 1787T, 1788T and 1797T are to be acquired as temporary
10 construction easements.
11 To prepare and prosecute in the District's name such proceedings in the proper court as are
12 necessary for such acquisition;
13 To deposit the probable amount of compensation,based on an appraisal, and to apply to said
14 court for an order permitting the District to take immediate possession and use said real property for
15 said public uses and purposes.
16 PASSED and ADOPTED on April 1, 1997,by the following vote:
17 AYES: Supervisors Rogers, Uilkema, Gerber, DeSaulnier
18 NOES: None
19 ABSENT: Supervisor Canciamilla
20 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
21 passed and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa
22 County, California, at a meeting of said Board on the date indicated.
23 Dated:April 1, 1997
Phil Batchelor, Clerk of the Board of
24 Supervisors and County Administrator
25
By:
26 Depu
cc: Public Works Department
27 Real Property Division
Auditor-Controller
28 County Counsel (Certified copy)
RESOLUTION NO. 971554 2
San Ramon Creek
1 Iric Parcels 1783 & 1783T • Stevens
-�*«--�-� D
APPENDIX "A" WG. ED-847
Real property in an unincorporated area of Contra Costa County, California, being a portion of
Parcel One described in the deed to Richard Stevens recorded March 17, 1993, in Book 18356 of
Official Records at page 797, records of said County, described as follows:
PARCEL 1783: (Drainage Easement)
Beginning at the most northerly comer of said Stevens parcel (18356 0.R. 797); thence, from the
Point of Beginning, along the easterly line of said Stevens parcel, south 7058'22" east 53.389
meters to the southeast comer of said parcel; thence, along the southerly tine of said Stevens
parcel, south 68°55'58"west 9.765 meters; thence, leaving said southerly line, north 9°46'49"west
34.761 meters; thence north 4"29'12" east 19.200 meters to a point on the northerly line of said
Stevens parcel (18356 O.R. 797); thence, along said northerly line, north 6305658" east 6.800
meters to the Point of Beginning.
Containing an area of 505.8 square meters of land, more or less.
PARCEL 1783T: (Temporary Construction Easement to expire December 31, 1999, or at the end
of construction, whichever occurs first).
Beginning at the southwest comer of PARCEL 1783 described above; thence, from the Point of
Beginning, along the southerly line of said Stevens parcel (18356 O.R. 797), south 6805658"west
0.635 meters; thence, leaving said southerly line, north 13012'12" west 28.112 meters; thence
north 19°1450"west 22.600 meters to a point on the northerly line of said Stevens parcel; thence,
along said northerly line, north 63056'58" east 11.200 meters to the northwest comer of said
PARCEL 1783 described above; thence, along the westerly boundary of PARCEL 1783, south
4"29'12"west 19.200 meters and south 9'46'49" east 34.761 meters to the Point of Beginning.
Containing an area of 179.8 square meters of land, more or less.
Bearings are based on the California Coordinate System Zone iii (CCS27).
Distances shown are in meters. Multiply distances shown by 3.28083333 to convert to U. S.
Survey foot. Areas shown are in square meters. Multiply areas shown by 10.76 to convert to
square feet.
These real property descriptions have been prepared by me or under my direction, in conformance
with the Professional Land Surveyors Act.
r--
Signature: "— yam... �11W
lice sed Land Surveyor '
Contra Costa County Public Warks
Na 5964
Date: -/ ?- �� ���OfCAt� \�
gAdericat�exhibUZtevens.src(0=9m)
Pana 1 of fi
San Ramon Creek
drla Parcels 1785 & 1785T- Goman
DWG. ED-847
Yawl NOY{[il0
APPENDIX "A"
Real property in an unincorporated area of Contra Costa County, California, being a portion of
Parcel One described in the deed to Ray K Goman and Carol K Goman recorded August 6, 1987,
in Book 13823 of Official Records at page 767, records of said County, described as follows:
PARCEL 1785: (Drainage Easement)
Beginning at the most northerly comer of said Goman parcel (13823 O.R. 767); thence, from the
Point of Beginning, along the easterly line of said Goman parcel, south 16`2902" east 26.200
meters; thence, leaving said easterly line, north 70017'24" west 11.200 meters, thence north
3503923"west 8.270 meters; thence north 6026'43"west 10.236 meters to a point on the northerly
line of said Goman parcel; thence, along said northerly line, north 63056'58" east 10.159 meters
to the Point of Beginning.
Containing an area of 229.6 square meters of land, more or less.
PARCEL 1785T: (Temporary Construction Easement to expire December 31, 1999, or at the end
of construction, whichever occurs first).
Beginning at the northwest corner of PARCEL 1785 described above; thence, from the Point of
Beginning, along the westerly boundary of said PARCEL 1785, south 6°26'43"east 10.236 meters;
and south 35030'23" east 8.270 meters; thence, leaving the boundary of PARCEL 1785, south
72°53'26"west 3.800 meters; thence north 21°32'02"west 11.731 meters; thence north 0"35'01"
east 6.170 meters to a point on the north line of said Goman parcel (13823 O.R. 767); thence,
along said north line, north 63056'58" east 2.141 meters to the Point of Beginning.
Containing an area of 45.5 square meters of land, more or less.
Bearings are based on the California Coordinate System Zane III (CCS27).
Distances shown are in meters. Multiply distances shown by 3.28083333 to convert to U. S.
Survey foot. Areas shown are in square meters. Multiply areas shown by 10.76 to convert to
square feet.
These real property descriptions have been prepared by me or under my direction, in conformance
with the Professional Land Surveyors Act.
zz%141A�-
laSignature: " s_ J
Liceneyor
Contra Costa County Public Works EKu le-31-
Iia. 5994
Date: ;3 1 96 +�O cAuFc '�P
.Src
Page 2 of 6
San Ramon Creek
Parcels 1787 & 1787T-Eikani
K DWG. ED-847
APPENDIX "A"
Real property in an unincorporated area of Contra Costa County, California, being a portion of
Parcel A as shown on the Record of Survey MS 60-67 filed June 27, 1967, in Book 48 of Licensed
Surveyors Maps at page 33, records of said County, described as follows:
PARCEL 1787: (Drainage Easement)
Beginning at the southeast comer of said Parcel A (48 LSM 33); thence, along the southerly line
of said Parcel A, south 63048'47"west 10.000 meters; thence, leaving said line, north 29049'28"
west 34.264 meters to a point on the northerly boundary of said Parcel A (48 LSM 33); thence
along said northerly boundary, north 63044'20" east 7.600 meters to the northeast comer of said
Parcel A; thence, along the east line of said Parcel A, south 33°48'13" east 34.510 meters to the
Point of Beginning.
Containing an area of 301.0 square meters of land, more or less.
PARCEL 1787T: (Temporary Construction Easement to Expire December 31, 1999, or at the end
of construction, whichever occurs first).
Beginning at the southwest corner of PARCEL 1787 described above; thence, from the Point of
Beginning, along the southerly line of said Parcel A (48 LSM 33), south 63048'47" west 4.000
meters; thence leaving said southerly line, north 28°09'11" west 34.212 meters to a point on the
northerly boundary of said Parcel A (48 LSM 33); thence, along said northerly boundary, north
63044'20" east 3.000 meters to the northwest corner of said PARCEL 1787 described above;
thence, along the westerly line of said PARCEL 1787, south 29°4928" east 34.264 meters to the
Point of Beginning.
Containing an area of 119.7 square meters of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS27).
Distances shown are in meters. Multiply distances by 3.28083333 to convert to U. S. Survey foot.
Areas shown are in square meters. Multiply areas shown by 10.76 to convert to square feet.
These real property descriptions have been prepared by me or under my direction, in conformance
with the Professional Land Surveyors Act.
Signature: �`�� �—* ^�=� Z
/ Licensed Land Surveyor ,
Contra Costa County Public Works
EM/ S!-
Nn 6999
Date: - ! 7 ,y t
9:t*r1caPehibfts\Ekani.src #CAI d
OMM
Page 3 of 6
5D
San Ramon Creek
Parcels 1788 & 1788T - Litster
W' per` DWG. ED-847
M.NY Nppy(p1G
APPENDIX "Alf
Real property in an unincorporated area of Contra Costa County, California, being a portion of
Parcel One described in the deed to Carolyne E. Litster recorded January 17, 1969, in Book 5793
of Official Records at page 402, records of said County, described as follows:
PARCEL 1788: (Drainage Easement)
Beginning at the southeast comer of said Litster parcel (5793 O.R. 402); thence, along the
southerly line of said Litster Parcel, south 67008'17" west 15.100 meters; thence, leaving said
southerly line, north 51020'45"west 43.739 meters; thence north 40039'54" west 20.000 meters
to a point on the northerly line of said Litster parcel (5793 O.R. 402); thence, along said northerly
line, north 63°48'47" east 10.000 meters to the northeast corner of said Litster parcel; thence,
along the easterly boundary of said Litster parcel, south 33°48'13" east 32.949 meters; and south
67059'43" east 36.454 meters to the Point of Beginning.
Containing an area of 476.8 square meters of land, more or less.
PARCEL 1788T: (Temporary Construction Easement to Expire December 31, 1999, or at the end
of Construction, whichever occurs first).
Beginning at the southwest comer of PARCEL 1788 described above; thence, from the Point of
Beginning, along the westerly boundary of said PARCEL 1788, north 51020'45" west 43.739
meters; and north 40039'54" west 20.000 meters to a point on the northerly line of said Litster
parcel (5793 O.R. 402); thence, along said northerly line, south 63048"4711 west 4.000 meters;
thence, leaving last said line, south 40039'5411 east 21.000 meters; thence south 48048'441' east
22.600 meters; thence south 63043'52" east 22.400 meters to the Point of Beginning.
Containing an area of 227.8 square meters of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS27).
Distances shown are in meters. Multiply distances shown by 3.28083333 to convert to U. S.
Survey foot. Areas shown are in square meters. Multiply areas shown by 10.76 to convert to
square feet.
These real property descriptions have been prepared by me or under my direction, in conformance
with the Professional Land Surveyors Act.
Signature: Tr
icensed Lan urveyor J `
Contra Costa County Public Works ftd
Ma 5999
Date:
al QFC
9AcWdce> ftsu.xscer.5rc
6&29196
Page 4 of 6
San Ramon Creek
Cy5efri, Parcel 1797 & 1797T- Franco
was es«rwsc s*ro
DWG. ED-849
APPENDIX "A"
Real property in an unincorporated area of Contra Costa County, California, being a portion of the
parcel of land described as Parcel 1 in the grant deed to James A. Franco and Joanne L. Franco
recorded May 30, 1985, in Book 12336 of Official Records at page 569, records of said County,
described as follows:
PARCEL 1797: (Permanent Drainage Easement)
Beginning at the northeast comer of said Franco parcel (12336 O.R. 569); thence from the Point
of Beginning, along the easterly boundary of said Franco Parcel, south 25017'22" east 22.443
meters; thence south 62054'38" west 32.553 meters; thence south 7°58'22" east 46.330 meters
to the southeast comer of said Franco Parcel; thence, along the southerly line of said Franco
Parcel, south 63°56'58" west 6.800 meters; thence, leaving said southerly line, north 30053'51"
west 9.187 meters; thence north 73010'19"west 8.421 meters; thence north 1055'40"west 14.613
meters; thence north 11°25'04" west 9.574 meters; thence north 20°42'34" west 9.475 meters;
thence north 25009'40" west 19,554 meters to a point on the northerly line of said Franco Parcel
(12336 O.R. 569); thence, along said northerly line, north 63016'38" east 51.397 meters to the
Point of Beginning.
Containing an area of 1,840.2 square meters of land, more or less.
PARCEL 1797T: (Temporary Construction Easement to expire December 31, 1999, or at end of
construction, whichever occurs first).
Beginning at the northwest corner of PARCEL 1797 described above; thence, along the westerly
boundary of said PARCEL 1797, south 25°09'40"east 19.554 meters; thence south 20042'34"east
9.475 meters; thence south 11 025'04" east 9.574 meters; thence south 1 055'40" east 14.613
meters; thence south 73010'19" east 8.421 meters; thence south 30053'51" east 9.187 meters to
the southwest corner of said PARCEL 1797, said point lying on the southerly line of said Franco
Parcel (12336 O.R. 569); thence, along said southerly line, south 63056' 58" west 3.290 meters;
thence leaving said southerly line, north 42009' 36" west 10.485 meters; thence north 84022'32"
west 4.862 meters; thence north 3011'58"east 17.938 meters; thence north 17000'08" west 4.229
meters; thence north 11 009'52" west 5.265 meters; thence north 20041'52" west 9.439 meters;
thence north 25°09'41" west 19.520 meters to a point on the northerly line of said Franco Parcel
(12336 O.R. 569); thence, along said northerly line, north 63016'38" east 1.000 meters to the Point
of Beginning.
Containing an area of 121.1 square meters of land, more or less.
Bearings are based on the California Coordinate System Zone III (CCS27).
Paee 5 of 6
SO
Distances shown are in meters. Multiply distances shown by 3.28083333 to convert to U. S.
Survey foot. Areas shown are in square meters, multiply areas shown by 10.76 to convert to
square feet.
These real property descriptions have been prepared by me or under my direction, in conformance
with the Profess' l3M:sedtand
Sury�yQrss fL
Signature: �=�_ yb , �s•y
t Surveyor
Contra Costa County Public Works 12_pr_
Date: ;� /,Z%� Na 5999
JN:jIg
gAclerical\exhibits\Franco.ex
9116/96
Pase 6 of 6
SRS
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: March 25, 1997
TO: Board of Supervisorssf
FROM: J. Mich Watford, Chief Engineer
SUBJECT: Report Re: Condemnation Hearing, April 1, 1997
San Ramon Creek Improvement Project, Alamo Area
Pursuant to procedure approved by Board Order, dated November 1, 1988, the Chief
Engineer sent a Notice of Intention to Adopt a Resolution of Necessity for acquisition by
eminent domain of real property in the Alamo area for the purpose of widening and
improving San Ramon Creek, and set April 1, 1997 at 10:30 a.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 - Contra Costa County Flood Control and Water Conservation
District(FCD) is planning to construct improvements to approximately 3,400 feet of
San Ramon Creek between Chaney Road and Livorna Road in the Alamo area.
The project consists of selective channel widening, bank protection and construc-
tion of a drop structure and maintenance road.
A rectangular concrete channel will be constructed under the existing Livoma Road
bridge with a standard folded crest drop structure immediately upstream.
Downstream in areas where the creek channel's top width is constrained by the em-
bankment of 1-680 to the east and homeowner improvements to the west, gabion
walls will be constructed on one or both banks. In areas with fewer constraints, the
channel will be a modified earthen channel with a wide bottom width and vegetated
earthen side slopes. Where the westerly bank is too steep and eroding, the slope
will be relaxed, using broken concrete rubble at the toe. Wherever feasible,
channel work will be limited to one side of the channel in order to minimize the
removal of vegetation. Mitigation planting as directed by the U. S. Army Corps of
Engineers and the Department of Fish and Game will follow the completion of the
project.
The Flood Control District, 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 offers were based on an appraisal of the fair
market value of said property rights.
1
Several property owners have already accepted the District's offers. Real Property
staff is currently negotiating with the remaining property owners. In order to
proceed with the project, it is necessary for the Flood Control District 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 Roll:
Hosein Farrokh & Bernadette Eikani Joe D. & Monica A. Henley
1411 Silva Dale Road 1475 Vine Lane
Alamo, CA 94507 Alamo, CA 94507
James A. & Joanne L. Franco Richard D. Stevens
1463 Paseo Nogales c/o Steven Kikkawa
Alamo, CA 94507 P. O. Box 5386
Hacienda Heights, CA 91745
Ray K. & Carol K Goman
711 Arlington
Berkeley, CA 94707
This notice consisted of sending by first-class and certified mail on March 11, 1997,
a Notice of Intention which notified these owners that a hearing is scheduled for
April 1, 1997 at 10:30 a.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.
II. Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed oroiect.
The San Ramon Creek Improvement Project stems from recommendations
made in the January 1977 staff report on the San Ramon Creek watershed.
An advisory committee of local residents and interested parties met
periodically to provide assistance and input in the planning of the project,
which has since been stalled due to lack of funding. The need for the project
was further reinforced by flooding in the area in 1982 and 1986. In January
1986, an Engineers Report and a project-specific environmental impact
report were released for public comment. In the mid-90's, the Flood Control
District reengineered the project to make it more environmentally sensitive
and less costly. The advisory committee and local residents have been
involved in a series of meetings and have commented on various aspects of
the plan.
2
SDS
B. The project is planned and located in the manner that will be most compati-
ble with the greatest public good and the least private injury.
When completed, the project will remove approximately 175 acres of
developed residential area from the 100-year floodplain and lessen the
existing bank erosion occurring along the westerly side of San Ramon
Creek. The alignment of the new creek channel is somewhat determined by
the alignment of the existing creek. During the planning process, various
bypass alternatives were investigated but were not chosen because they
would have required the acquisition of approximately 12 houses and the
relocation of their residents. Gabion retaining walls have been used to
minimize the amount of right of way necessary for the project. The project
cannot be shifted farther to the east without either shifting the alignment of
1-680 or constructing a massive concrete retaining wall.
C. The property sought to be acquired is necessary for the proiect,
The Flood Control District is seeking to acquire easements from abutting
property owners for the armoring of eroding creek banks and the construc-
tion of gabion retaining walls where necessary in order to increase the flood
flow capacity. If the District is unable to acquire all of the necessary rights,
a bottleneck will cause the creek to overtop and continue to flood adjacent
properties, and bank erosion will continue to occur.
III. Recommended Action
A. Board to ask if any notified property owners wish to be heard as to 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 II 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.
NW:gpp
g:\realprop\97-3\bdrep2.wpd
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
'To: BOARD OF SUPERVISORS J
.. Contra
FROM. Finance Committee
Costa
Count
DATE: April 1, 1997
SUBJECT: FINANCIAL PLAN AND FINANCING FOR AGRICULTURAL TRUST FUND
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. APPROVE the financial plan for the Agricultural Trust of Contra Costa County.
2. APPROVE the attached appropriation adjustment which transfers $500,000 from
the Keller Canyon Mitigation Reserve to the Community Development Department.
3. AUTHORIZE the Auditor-Controller to issue a check for $500,000 to the East Bay
Community Foundation to establish an interest bearing account for the Trust.
BACKGROUND:
The Finance Committee reviewed this item on March 3 and March 17. Testimony was
taken from a representative of the Trust and the public. The Committee supported the
financial plan included as an attachment to this report as well as the transfer of$500,000
from the Keller Canyon Mitigation Reserve to provide initial funds for the Trust. The history
of the land trust is also described in the attachment.
The Directors of the Trust are considering revisions to the Articles of Incorporation and the
Bylaws which may increase the number of Directors of the Trust. Such changes will
require subsequent action by the Board of Supervisors.
CONTINUED ON ATTACHMENT: _YES SIGNATURE: j�
RECOMMENDATION OF'.OUNTY AD ISTRATOR —RECOMMENDATION OF BOARD COMMITTEE
APPROVE
f
OT ,
SIGNATURE(S): Je/'
Canciamilla Gayl/B. Uilkema
ACTION OF BOARD Apri 1 1, 1997 APPROVED AS RECOMMENDED X OTHER —
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
—X UNANIMOUS(ABSENT V ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED April 1, 1997
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: Community Development-Harvey Bragdon SUP AND COUNTY AD!! oR
Agricultural Trust-Jim Cutler
Auditor Controller
County Counsel BY DEPur
County Administrator
Y AUDIIQB-CONTROLt ER USAF_0507
' CONTRA COSTA COUNTY FINAL APPROVAL NEEDED BY:
APPROPRIATION ADJUSTMENT
T./C 27 BOgRD OF SUPERVISORS
COUNTY ADMINISTRATOR
ACCOU NTA COOING BUDGET UNIT:
0357 - Community Development
ONCAN12ATION EXPENDITURE
5U6-ACCOUNT EXPENDITURE ACCOUNT DESCRIPTION <ECR EASE INCREASE
100 too
I i
1 ;
0357 3580 Contributions to Other Agencies 500,000.100
I I
I `
1 I
0990 6301 Reserve for Contingencies 500,000100 1
0990 6301 Appropriable Revenue 1 500,000100
I '
. I
t I
I '
I 1
E �
I 1
1 1
I i
' i 1
I ,
I I
( i
I I
_ t
i I
I I
I i
1
. I
I 1
TOTALS 500,00;.00 1,000,000;00
APPROVED EXPLANATION OF REOUEST
AUDITOR-CONTROLLER
BY, Date 11-2511% Transfer $500,400 from Keller Canyon
Mitigation Reserve to an Agricultural
COUNTY ADMIINNNIIS¢TR4TOR Trust Fund.
BY:;Z` Date
BOARD OF SUPERVISORS
YES: Supervisors Rogers, Uilkema, Gerber
and DeSaulnier.
NO: None
ABSENT: Supervisor Canciamilla
4ABSTAle.
D -pk CRw
NAA-
/?
SIGNATURE T TLE DATE
97 APPROPRIATION APO 5D t
istine Yampler, eputy Cler ADJ. JOURNAL NO.
IN 129 Rau 2/8e) ( SEE INSTRUCTIONS ON REVERSE SIDE
CONTRA COSTA COUNTY
ESTIMATED REVENUE ADJUSTMENT
T/C 24
ACCOUNT CODING BUDGET UNIT.
0005 .4 General County Revenue
ORGANIZATION REVENUE
ACCOUNT REVENUE DESCRIPTION INCREASE <DECREASE�
too tC
0005 8981 Fund Balance Available 500,0001.00
I '
t
I ,
I
I t
t
l t
I t
t I
I
i I
I I
i I
I I
I I
1 I
I I
I I
I I
I I
TOTALS 500,000.00
APPROVED EXPLANATION OF REQUEST
AUDITOR- �ROLLER
Dote/
- r° Transfer $500,000 from Keller Canyon
COUNTY ADMINISTRATOR Mitigation Reserve to an Agricultural
Trust Fund.
By:�. Dote6
r`2S'pL
BOARD OF SUPERVISORS
YES: Superviosrs Rogers, Uilkema, Gerber
and DeSaulnier
NO: None
ABSENT: Supervisor Canciamilla
SIGNATURE �L Il/2 S QL
iR;
tiT f CATE
997 REVENUE AIIJ. R AOO ape k JOURNAL N0.
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: February27, 1997
TO: FINANCE COMMITTEE
FROM: HARVEY E. BRAGDON
DIRECTOR OF COMMUENT
SUBJECT: AGRICULTURAL TRUST OF CO RA COSTA COUNTY -
PROCUREMENT PLAN
RECOMMENDATIONS
1. Approve the Procur ent Plan for the Agricultural Trust of Contra Costa County
and direct the transfe of funds take place as soon as possible.
2. Request the Trust to further inform the County of its acquisition efforts as a matter
of coordination.
3. Have the County declare that it delegates the decision on who sits on the Board of
Directors of the Trust to the membership for that Body.
BACKGROUND/REASONS FOR RECOMMENDATIONS
In 1995, the Contra Costa County Board of Supervisors urged the Community
Development Department to consider the prospect of establishing a land trust to serve the
County. This land trust was to be separate from the County as a 501(c)(3) tax exempt
organization.
The Community Development Department requested the pro-bono assistance of Ms.
Patricia Curtin of the law firm, Gagen, McCoy, McMahon & Armstrong in the preparation
of Articles of Incorporation and Bylaws to the Agricultural Trust of Contra Costa County.
The Board of Supervisors approved those documents on November 15, 1995.
On November 19, 1996, the Board of Supervisors considered a status report on the
formation of the Trust. On December 2, 1996, the Board of Supervisors declared intent
to approve and authorize the appropriation and transfer of $500,000 from the Keller
Mitigation Reserve account in February of 1997, contingent upon the Board's approval of
the procurement plans presented to the Finance Committee.
Agricultural Trust of Contra Costa County -
Procurement Plan
February 27, 1997
Page 2
PROCUREMENT PLAN
The inaugural meeting of the Trust occurred on January 24, 1997. That Board of Directors
formally accepted their 1997 Calendar Year Budget, which is contingent on the transfer
of$500,000 from the County to the Trust. Currently, interest from the money in the Keller
Canyon Mitigation Fund goes to the County General fund and so delay in the transfer
further diminishes the value of the money due to inflation.
The Procurement Plan developed by the Trust is Attachment A to this document. As a new
body it is, of course, skeletal in nature but is the starting point that along with the transfer
of Keller Mitigation funds to the Trust will allow the development of more concrete plans.
Board of Supervisors acceptance of the Procurement Plan will allow this $500,000 to begin
to generate interest income for the Trust.
In an effort to ensure coordination of efforts, it is requested that the Trust inform the
County when it commits to speck acquisition efforts. With the current Board of Directors
there shouldn't be a coordination problem, however, as the Trust matures and the Board
membership expands future efforts to insure coordination may be needed.
BOARD OF DIRECTOR MEMBERSHIP
The Articles of Incorporation and Bylaws of the Trust currently list the membership of the
Board of Directors as three, who are:
"(a) The Director of the Contra Costa County Community Development Department or
an alternate designated by this Director.
(b) The Director of the Contra Costa County Agriculture Department or an alternate
designated by this Director.
(c) The Assistant General Manager of Advance Planning and Land Acquisition of the
East Bay Regional Park District or an alternate designated by this Assistant
General Manager."
The Articles of Incorporation further state:
"No Director may hold any elective public office. If at some future time
funding opportunities expand, the Contra Costa County Board of Supervisors
Agricultural Trust of Contra Costa County -
'Procurement Plan
February 27, 1997
Page 3
may increase the number of Directors to provide for a broader public
representation."
At the inaugural meeting of the Trust a proposal was received by several citizens to
expand the Trust. Given the interest of members of the public to attempt to create a viable
operating trust serving the entire County, the Board of Directors have scheduled this
concept for further debate at its February 26, 1997 meeting.
Modification and expansion of the Board membership will require amendment of the Trust
Bylaws. Since a land trust is supposed to be independent of government, it would be
desirable to have the Board of Supervisors delegate whatever power it has to deal with
trust membership directly to the Board of Directors of the Trust. The Trust's legal council
has indicated this can occur through use of Board of Supervisors order to this effect.
The Trust has recommended the County to do that.
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jAawlagtrsfin.mem
ATTACHMENT A
FINANCIAL PLAN
FOS'. THE AGRICULTURAL TRUST OF
CONTRA COSTA COUNTY
1. TRUST PURPOSES
The Articles of Incorporations of the Trust well define its goal and purpose, they
are:
"Through acquisition of real property or interests in real property the
Corporation shall seek to (1) preserve lands best suited for
agriculture and most threatened by development pressure; (2)
develop and maintain a critical mass of agricultural operations within
Contra Costa County; (3) maintain viable commercial agricultural
operations through the preservation of contiguous tracts of
agricultural areas; (4) minimize conflicts non-farm uses; (5) create
buffers between agricultural uses and urban areas; and (6) create
and sustain greater open space corridors and wildlife habitats."
2. BUDGET FOR CALENDAR YEAR 1997
The attached budget has been adopted by the Trust for calendar year 1997. It is
predicated on County follow through on the rapid transfer of $500,000 and the
interest which should accrue from that money.
3. PUBLIC RELATIONS PROGRAM
The Trust currently is a well kept secret. A public relations effort will be initiated
after the Trust further defines its goals and objectives. One of the first public
relations efforts to be undertaken by the Trust is the preparation of one or more
brochures explaining the nature of the Trust, its goals and methods of acquiring
lands and facilities. This will hopefully be financed out of the interest generated
from the County transfer funds. Release of the brochure will be tied to a request
of local news media including local access TV. Hopefully, newspapers will do
feature stories on the nature of the Trust, solicit donations and explain how the
public can help.
Local access TV will be asked to run TV spots on the Trust Foundation and request
for assistance and contributions.
4. INITIAL TWO PRONGED APPROACH FOR USE OF KELLER MITIGATION
MONIES
The $500,000 grant from the Board of Supervisors was predicated on the use of
these funds for eastern Contra Costa County. For this purpose, eastern Contra
Costa County meant lands east of the Keller Canyon landfill and within the
5D7
Attachment A (continued)
'Page 2
watershed of lands which drs'n toward the Delta. The Trust Board of Directors has
indicated that one criteria for determining which specific projects to be funded will
be, if additional funding partners are available and the potential for project matching
funds.
The Board of the Trust has indicated initially on two major thrusts as described
below:
A. Agricultural/Open Space/Mitigation Bank Lands (50% allocation)
One major effort will be to work with other park agencies e.g., East Bay
Regional Park District or the State Department of Parks and Recreation to
acquire substantial park/open space lands to serve as a land bridge for
habitat and species. Potentially, it could be tied to a mitigation bank
concept.
B. Preservation of Agricultural Lands (50% allocation)
A second major thrust would be to explore possibilities of preservation of
viable agricultural lands for protection or farming or ranching. The
acquisition of development rights or protective easements will be the focal
point of this effort. Efforts will proceed with the involvement of the American
Farm Land Trust, among others.
5. REMAINDER OF THE COUNTY/COORDINATION WITH OTHER LAND TRUSTS
The Trust will explore the potential for joint projects with other land trusts serving
the County and for projects in areas not served by any other trusts. These efforts
will be coordinated with other governmental agencies. Opportunity acquisitions will
be judged on a case by case bases.
6. INITIAL HANDLING OF TRUST FUNDS
The Board of Directors has determined that the Keller Mitigation Funds received
from the County will be deposited with the East Bay Community Foundation. The
money will be placed in a conservative interest bearing account until the Board
determines the time frame on dispersal of funds.
50,1
AGRICULTURAL TRUST OF CONTRA COSTA COUNTY
1997 CALENDAR YEAR BUDGET
1. BACKGROUND
In 1996 the Contra Costa County Board of Supervisors directed that an agricultural
land trust should be established as required by the Contra Costa County General
Plan. While efforts to establish the trust were initiated by the County and the costs
of trust development were bome by the County, the trust is to be independent of the
County once established.
Articles for Incorporation and Bylaws have been adopted and the trust is awaiting
State Franchise Tax Board and Internal Revenue Service acceptance of it's tax
exempt status. In 1997 it is anticipated that the trust will begin full operation.
2. OPERATIONAL COSTS
Like most land trusts, the Agricultural Trust of Contra Costa County will finance its
efforts through both public and private grants, and donations. Contra Costa County
will continue to contribute staff time to the trust for calendar 1997 to insure the trust
gets established. In future years the trust is anticipated to be self sufficient tin
terms of operational monies. The Contra Costa County Community Development
Department will contribute space for trust activities and mailing and secretarial
costs for 1997.
3. INITIAL FUNDS
On December 2, 1996, the Contra Costa County Board of Supervisors allocated a
$500,000 cash grant to the Agricultural Trust of Contra Costa County. The money
is to be transferred from the County to the Trust around February 14, 1997, and will
provide the startup funds necessary to ensure its first year of operation. That
money will be conservatively invested until it is needed for land acquisition.
4. ACQUISITION PROGRAM
One of the first priorities of the trust will be to establish it's acquisition goals. this
will be done in the first half of 1997. Once a priority program is established, fund
raising efforts will commence. Proponents of specific projects will be encouraged
to provide matching funds.
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jAawWyTrst97.bud
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