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HomeMy WebLinkAboutMINUTES - 05182004 - C4-C7 III!Ill III I ll1 11 li IIII 1111!II I lilli 1 illi 1 VIII I li CONTRA COSTA Co Recorder Office Recorded at the request oSTEPHEN L, WEIR, Clerk-Recorder Contra Costa County DCC-- 2004-0187888-00 Board of Supervisors WedntsdaY, MAY 19, 2004 09:09:58 Return to: PRE $0.00 Public Works Department AI A E'nginccring Services Divisi Tt l Pd $0,N Nbr-0002140191 lrc/R9/1-7 THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 18, 2004, by the following vete: AYES. SUPERVISORS GIOIAA, UirLK24A, GREDNBERG, DESALIL ER A:V-D GLOVER :DOES: NDNi E ABSENT: NIO-'TE A.BSTAIIV: 1\101E RESOLUTION NO. 2004/ 257 SUBJECT: Accepting completion ofimproveents for Bellingham Square Park,PA 0002,cross- reference Subdivision 7976 (Right-of-Way Landscaping), San Ramon (Dougherty Talley) area. (District III) The Public Works Director has notified this Board that the park improvements for Bellingham Square Park,PA 0002,cross-reference Subdivision 7976(Right-of-Way Landscaping) have been completed as provided in the Subdivision(Right-of-Way Landscaping)Agreement with Windemere BLC Land Company,L.L.C.,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. Jv:rm G:\G-pDaa\Engsvc\BJ\2004\05-18-04\PA 0002 BG-45.doc OrigI hereby certify that this is a true and correct copy of an Contact: Pubic Works ABs) action taken and entered on the minutes of the Board. of Contact: Teri Rie(313-2363) Recording to be completed by COB Supervisors on the date Shown. I.D. 943291516 cc: Public works T.Bell,Construction Div. ATTESTED: Y 18, 2004 H.H. Fine-, Valdez,M&T Lab JOHN SWEETEN, Clerk of the Board of Supervisors and - ,,Maintenance Div.. I.Bergeron,Mapping Div, County Administrator CSAA—Cartog City of Sar.Ramon Attn:Claris Lowe\ 2222 Camino Ramon San Ramon,CA 94583 By , Deputy Windermere BI C Land Company,L.L.C. 3130 Crow Canyon Place,#310 San Ramon,CA 94583 Attn:Brian Olin St.Pau:Fire and Marine Insurance 333 City Blvd.West#.100 Orange,CA 92868 RESOLUTION NO.2004/ 257 SUBJECT: Accepting completion ofimprovements for Bellingham Square Park.,PA 0002,cross- reference Subdivision 7976 (Right-of-Way Landscaping), San Ramon (Dougherty Valley) area. (District III) DATE: May 18, 2004 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of May 18,2004 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF SURETY June 18, 2002 St. Paul Fire and Marine Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for$601,350.00, Bond No. ST 1843 issued by the above surety be RETAINED for the six month lien guarantee period until November 18,2004,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the Park improvements in Bellingham Square Park,the hereinafter described park, as shown and dedicated for public use on the Final Map of Subdivision 7976 filed November 11,2001 as Lot 3 of Book 436 of Maps at Page 35,Official Records of Contra Costa County,State of California,are ACCEPTED as complete. Upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept the park improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. PARD NAME ASSESSOR PARCEL NUMBER AREA Bellingham Square Park 223-100-003 4.06 Acres BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$12,027.00 cash deposit(Auditor's Deposit Permit No. 386578 ,dated May 16, 2002)made by Windemere BLC Land Company,L.L.C.and the performance/maintenance surety for $178,600.00, Bond No. ST 1843 issued by St. Paul Fire and Marine Insureance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION Na. 200+/257 DECREASE RIDER To be attached to and farm part of Band Number ST 1843 effective May 8 2002 issued by the S# Paul Eidoe I lsur-a go Cm2an in the amount of One Million One Hundred b ine#y - Thousand Six Hundred Seventy Three and 001100-------- DOLLARS ( 1,190,573.00 ), on behalf of Windemere SLC Land Company, LLC , as Principal and in favor of County of Contra Costa as Obligee. Now therefore,it is agreed that: We, St Paul Fire and Marine Insurance Company , Surety on the above bond,hereby stipulate and agree that from and after the effective date FROM- One Million One Hundred Ninety Thousand Six Hundred { 1,190,673.00 ) TO: One Hundred Seventy Eight Thousand Six Hundred and ($ 178,600.00 } It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This rider is to be effective the 8th Day of March , 2004 Signed, Sealed and Dated this 25th Day of March , _2004 Principal: WIND MERE BLC LAND COMPANY, LLC SEE SIC-NATURE BLOCK a California limited liability company -~�-- By: LEN-OBS Windemere, LLC, a Delaware {Principal) limited liability company, its managing member $ By: Lennar Homes- of California, Inc, a California corporation, its managing member St. Paul Fire and Marine Insurance Company .._ .., - ..,.._., — (Surety) David Evans, Dice President Patricia H. Srebner Attorney-In-Fact 5-21271GEEF 2l98 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT s State of California County of grange On March 26, 2004 before me, Dina Printy, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. ON Witness my hand and officiaj seal. _ Wo a Notary Pubft.C� orange counlY Mr COMM �NOV 28,30t�7 OP'T'IONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: l Corporate Officer Vice President Lennar Homes of California, Inc. DESCRIPTON OF ATTACHE? DOCUMENT Type of Document: Decrease Rider for Surety Bond No. ST 1843 Number of Pages: Ones Date of Document: March 25, 2004 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of ©range Can March 25, 2004 before me, Rhonda C.Abel,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia.H.Brebner NAMES)OF SIGNER(S) personally known to me- OR- ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. RHONDA C.ABEL '�3` � )��� 131127-77 3� y3 1' ,ARY PURL IC-CALIFORNIA.a) SIGNATURE OF NOTARY v, P ORAi tGE Co- f ;Z ' COMW.D�P.AUG-9.200c OPTIONAL Though the data below Is not required by law, It may prove valuable to persons relying can the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL EJ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) El PARTNERS) ® LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER.: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Bax 7184-Canoga Park,CA 91309-7188 POWER QE ATTORNEY E7he%Pau! Seaboard Surety Company United States Fidelity and Guaranty Company l St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company. St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company i Power of Attorney No. 77 Certificate No. 1401818 ray KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Cornpany is a corporation duly organized under the laws of the State of New York,and that St. Paul Fire and Marine Insurance Company,St.Paul Guardian.insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the Iaws of he State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty insurance Company is a corporation duly organized under the laws of the State of lova,and that Fidelity and Guaranty Insurance Underwriters, Inc.is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby matte, ,on and appoint James A. Schaller,Rhonda C.Abet,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright, Jeri Apodaca,Patricia H.Brebner, Leigh McDonough and Alexis H.Bryan of the City of Costa Mesa State California their true and iawfui Attorney(s)-i:t-Fact, 3 each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, # contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. E IN WI'T'NESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 4th day of October , 2041 Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company 3 St19E)y �wtne'�� G`fy.tnS�A �{�+S 1,t»®upp1 Y'y(0 PETER W.CARMAN,Vice President .�' State of Maryland City of Baltimore THOMAS E.HU BRECiTSE,Assistant Secretary # Can this 4th day of October200before me,the undersigned officer, personally appeared Peter W. Carman and l Thomas E. Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St. Paul Fire and i Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Cornpanies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. �.,pEAS1dYYz In Witness Whereof,i hereunto set my hand and official seal. Aord�11 My Commission expires the 1st day of 3uly,2006, REBECCA EASLEY-ONOKALA,Notary Public E c o i 86203 Rev. 7-2002 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Pau! Fire and Marine Insurance Company, St. Paul Guardian. Insurance Company, St. Pau! Mercury Insurance Company, United States Fidelity and Guaranty Company, 1 Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc,on September 2, 1998,which resolutions are now in full force and effect,reading as follows: 3 RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in g accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed, The si nature of each of the foregoing officers and 1 g gY gu d,Pg g € the seal of'he Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof;and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile sea!shall be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and RESOLVED FURTHER,that Attorney(s)an-Fact shall have the power and authority,and, in any case,subject to the terms and litnitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. z 1.Thomas E.:Iuibregtse,Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance 3 Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power.of Attorney executed by said Companies,which is in f:it force and eFect and has not been revoked. i IN TESTIMONY WHEREOF,I hereunto set my hand this 25th day of March 2004 p 'Ery J rnc G'.y 0�?;x-lNSv aaY-=navq+y y'� `�/JI Thomas E.i-Ictibregtse.Assistant Secretary i To verify the authenticity of this Power of Attorney,call 1-800-421-3880 and as&for the Power ofAttorney clerk. Please refer to the Power of Attorney number,the above-named individuals and the details of the bond to which the grower is attached. t I e 3 f i i f E i 3 3 E t E 3 t // 50' TO: BOARD OF SUPERVISORS FROM: FINANCE COMMITTEE DATE: MAY I S, 2004 SUBJECT: APPROVE EXTENSION OF TIME TO COMPLETE CONSERVATION EASEMENT ON NORTH GATE ROAD PROPERTY SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: APPROVE a six-month extension of time to East Bay Regional Park District to November 21,2004 to complete the conservation easement document and the purchase on the surplus parcel adjacent to the Milton F. Kubicek (Pine Creek) Detention Basin located on North Gate Road, and if at the end of the six month extension the document or funding are still not in place then REFER this item back to the Finance Committee to review the status of completing the document and funding. II. Fiscal Impact- The Flood Control&Water Conservation District will receive$1,5 5 9 million for a conservation easement on a parcel the District owns on North Gate Road. Pursuant to an a ement with the State Department of Water Resources,all revenue generated from the conservatiow emenf ust go tgwards Flood Control infrastructure Continued on Attachment: X SIGNATURE: 1SPECCIMMENDATION OF COUNTY ADMINISTRATORC<t}MMENDATIC9N 9NOFBOARD Ct?MMITT I E PROVE OTHER SIGNATURE (S): ACTION OF BOARD ON MAY 18� 2 04 APPROVED AS RECOMMENDEDXX OTHER VOTE OF SUPERVISORS xx UNANIMOUS{ABSENT NONNE AYES: NOES: ABSENT: ABSTAIN: MMS:R.MA:tz G:\GrpData\Admfn\Mitch\oo=04\North Gate Con Basement Extension of Time.doe Attachment 1 hereby certify that this is a true and correct copy Orig.Div: Public Works(Admin Svcs) Contact: Mitch Avalon.(3113.2203) of an action taken and entered on the minutes of c; 3 Sweeten,County Adrninistmtor the ward of Supervisors can the date shown. M.Shiu,Public Works G.Comu ng non,Flood Control K.Laws,Real Property D,Barry,Community Development Dept. MAY ty ry/�j^�,/, S.Anderson,County Counsel ATTESTED: s L o s 2004 P.Roche,Community Development Dept. JoannaHannah ,Mt.Dl mblo Gateway Alliance John Sweeten Clerk of the Board of Supervisors NanSeth Adams,Save hit.37iab3o t EBRPD KiwinS ene,Cit, fWaln and County Administrator Kevin Safine,City of Walnut Creek By , Deputy SUBJECT: APPROVE EXTENSION OF TIME TO COMPLETE CONSERVATION EASEMENT ON NORTH GATE ROAD PROPERTY DATE: MAY 18, 2004 PAGE: 2 improvements in the Walnut Creek watershed. There is no interest provision for delays in securing the funding. As more time goes on the real value of the$1.559 million is decreased as the cost of the projects continues to go up. Ill, Reasons for Recommendations and Background: On May 21, 2002,the Board of Supervisors approved in concept a conservation easement on the 36-acre parcel the Flood Control&Water Conservation District(District)owns on North Gate Road in the Walnut Creek area, adjacent to the Milton F.Kubicek(Pine Creek)Detention Basin. Since that time District staff has been working with the East Bay Regional Park District,Save Mt.Diablo,the City of Walnut Creek,and the Mt.Diablo Gateway Alliance to develop a conservation easement document. Attached is a letter from the Mt. Diablo Gateway Alliance, dated March 21, 2000,which outlines the concept of the conservation easement. Any proceeds from the property must be shared with the State Department of Water Resources(DWR)because State funds were used to help purchase the property as part of the original flood control project. However,DWR has agreed that the District can retain all of the funds from the conservation easement if two conditions are met: The District must use the funds for flood control purposes in the Walnut Creek watershed and the property must be permanently kept in open space. When the Board approved the concept of a conservation easement on the property,they gave the proponents two years to complete the document and provide the funding necessary to complete the transaction. Although the parties of interest have been diligently working on the conservation easement, the easement document has not been completed and the parties of interest have requested the County to extend the deadline for completion ofthe document. At the time staffbegan discussions with the parties of interest to develop the conservation easement,the County had never drafted such a document. As a result, Save Mt. Diablo offered to draft the document using a format they had used on other conservation easements. It was also uncertain at the outset who the easement would be granted in favor of. As time went on, the East Bay Regional Park District agreed to be the grantee for the conservation easement. Most of the discussions with the parties of interest related to what uses would be appropriate for the property and what uses would be restricted. A draft document was completed last month for review by each party's attorney's, in preparation for formal approval. The draft conservation easement document is currently being reviewed by County Counsel. The comments from the legal review will take some time to accomplish, review, and approve by all the parties of interest, In addition, not all of the funding for the conservation easement is in place at this time but should be available soon. The funding is coming from several sources and the commitments for the funding are in place but in some cases needs more time to become available for the conservation easement. As a result, it is anticipated that the extension of time needed to complete the document and funding is about six months. Staff supports the request for an extension of time,and the project the proceeds from the conservation easement are ear-marked for can accommodate the time extension,as the project has been delayed for other reasons. Even though it is anticipated the document and funding will be completed in six months, if either one is not completed by November 21,2004,then this issue should be referred back to the Finance Committee. The Finance SUBJECT: APPROVE EXTENSION OF TIME TO COMPLETE CONSERVATION EASEMENT ON NORTH GATE ROAD PROPERTY DATE: MAY I8, 2004 PAGE: 3 Committee would then review the status of providing the funding and completion of the document and report back to the Board. IV. Consequences of Negative Action: The conservation easement deadline would not be extended. d° Uo u t its to ate- .ttL n e ENSURI NCT PRESER.VATIOk OF O RSCENIC.CDRRIDOR March 21, 2000 Mr. Mitch Avalon, Director Contra Costa County Flood Control District 255 Glacier Drive Martinez, CA 94553.4897 Re: Proposal to Acquire a Conservation yaseraent on 36-Acre fine Creel: Detention Basin, Shown in the Assessor's Records as APN 138-150-007, 138160-001, 138460.002; 138160003, 138.170.001 and 138170-007.. Dear Mitch We appreciate that representatives of the Mount Diablo Gateway Alliance had the opportunity to meet with you and Supervisor .Gerber on March 11, As a result of this productive meeting, in accordance with our verbal understanding, we.are prepared to make an, offer consistent with the following stated'terms; 1. 'The subject parcel will be retained by the C: CC- Ptlo-od Control District, as essential to the-management cif the adjacent,downstream detention basin. It w° be preserved in perpetuity via creation of a conservation easement benefiting the public and to be held by a local agency for joint uses including public open space and recreational uses, watershed and water duality protection, wetland preservation, and wildlife. habitat restoration and enhancement. projects, such as those benefiting state or federally listed species including the California red-legged frog. 71he consideration for the Rasernent,based on recent appraisals and exoectedreturns to the District were the property sold,but with the understanding that the appraisals are for"highest and best use" and do not include possible additional development costs andmitigations which could decrease a potential sale price,is to be$1,559,000. The funding consideration for the ease mentis to be obtained through a public/private partnership which might include the State of California. 3. This proposal is subject to the ratification by the.Contra Costa. County,'Board of. Sup em - e`terrn within winch fuicdirig c6trit itinents will be procured is to be by July 31, 2002, or 24 months from signing of a Memorandum of Understanding approved by the Contra Costa County Board of Supervisors,whichever is 11onger. Mr. Mitch.Avalon March 21, 2000 Page Two 4The conservation easement may include joint uses acceptable to the funding partners and the District within designated areas of the parcel,to be lirnitedin size and Located as described in the easement language. Such acceptable joint uses might include,, A.) as a deposit site for dredged materials from the adjacent detention basin, subject to environmental analysis and subject to use of these deposited materials to recreate more natural contours on the site without harming the visual corridor from the detention basin to the state and regional parks, B.) for wetland and wildlife enhancement or mitigation projects, C.) recreational staging and trails segments for adjacent ,Mate, regional or local parks and trails; D.) a small administrative building for one of these park agencies, E.) equestrian uses such as an equestrian center. 5. Our time line chart be updated and monitored every sixty (60) days to insure that significant benchmarks are being met in the process of developing a successful partnership. We understand your dedication to your primary obligation of water management, We trust taut our proposal proyides adequate consideration. Sincerely; Mount'Diablo Gateway Alliance cc. Supervisor donna Gerber TO: BOARD OF SUPERVISORS FROM. MAU°RICE M. SHIU, PU'BULC WORKS DIRECTOR. DATE: May 18, 2004 SUBJECT: APPROVE and AUTHORIZE the Public Works Director to arrange construction progress payments to the Town of Danville Project No.: 7758-4766-SAS-6X5287 -- SPECIFIC REQUEST(S)OR RECOMMENDATTON(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director to arrange construction progress payments not to exceed $509,717 to the Town of Danville for the County's share of the costs for Phase II improvements at Hap Magee Ranch Park, Alamo/Danville area. Project No.: 7758-4766-SAS-6X5287 FISCAL IMPACT: There is no impact on the County General Fund. The Hap Magee Ranch Park Phase II improvements are being funded through revenues generated by County Service Area R-7A(CSA R-7A),which is consistent with the current program budget. Continued on Attachment: X SIGNATURE: _=COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE e--APPROVE OTHER SIGNATURE(S): s ACTION OF BoMmbN MAY 18, 2004 APPROVED AS RECOMMENDED XX OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of VOTE OF SUPERVISORS xx U-NANIMOUS(ABSENT NONE ) Supervisors on the date shown, AYES: NOES: ABSENT: ABSTAIN: ATTESTED: MAY 181 2004 DE:erra JOHN SWEETEN Clerk of the Board of G:\Gip�ata\SpDist\Bcad Orders\20L'4105-t8-OA BO Hap Magee FLanck.aoa '� Orig.Div: Public Warks(Special District) Supervisors and County Administrator Contacts David Edmunds(313-2181) cc: County Administrator H.Ballenger,Adtren B.Babas,Erg.Svcs. E.wham,Eng.Svcs, Marcia Somers,Town of Danville By , Deputy SUBJECT: APPROVE and AUTHORIZE the Public Works Director to arrange construction progress payments to the Town of Danville Project No.: 7758-4766-SAS-6X5287 DATE. May 18, 2004 PAGE: 2 BACKGROtiND/REASON(SI F'OR RECOMMENDATION(S): The County (on behalf of County Service Area R-7A, Alamo Parks and Recreation) and the Town of Danville jointly acquired Hap Magee Ranch Park through the Contra Costa County Public Facilities Corporation (Board Resolution 87/309)and subsequently entered into a Joint Powers Agreement for maintenance and operation of the facility(Board Resolution 87/309). As set forth in the Agreement,the Town of Danville is the lead agency and has been working with the Joint Planning and Operations Committee (JPOC) to implement components of the previously adopted Hap,Magee Ranch Park Master Plan. Proj ect costs are to be shared equally between the County (CSA R-7A) and the Town of Danville. The Town has requested that the County snake construction progress payments, as was done during construction of the Phase I improvements. Since fiscal year 1997/98, the two agencies have been planning and budgeting for Phase II improvements to the facility,which generally include under grounding of the PG&E utilities,renovation of"the cottage"patio and fencing,and construction of play and picnic areas, parking, and an enclosed off-leash dog park. All of these amenities are consistent with the current Master Plan and the Agreement. The increase in annual maintenance and operation costs has been included in the program budgets for each agency. There have been numerous opportunities for the public to comment on these improvements over the past five years and the project is generally viewed favorably by the public, the JPOC, the Alamo Parks and Recreation Committee, the Danville Parks & Leisure Services Commission, and the Danville Town Council. These improvements have been reviewed by County staff, including additional review by Risk Management and Capital Projects Management Division. CONSEQUENCES OF NEGATIVE ACTION: Without Board approval,the Town of Danville will not be reimbursed for their costs. Non-repayment is inconsistent with the Joint Powers Agreement previously adopted by the Board and will likely result in the Phase II improvements not being completed. "small Town Atmosphere y Outstanding Quality of Life" ��.. DAMR February 24, 2004 Mr. David Edmonds Contra Costa County Public Works 255 Glacier Drive Martinez, Ca 94553-4825 Subject: Hap Magee Ranch l"ark Phase II Improvements Dear David: This letter serves to confirm the plans to construct Phase II improvements at Hap 'Magee Ranch Park. As outlined in the joint Town of Danville/Contra Costa County development, use and maintenance agreement, the Town serves as the lead agency in development and operating of the park. In that capacity, the Town has worked closely with the Joint Planning and Operations Committee for the development of Hap Magee Ranch Park since fiscal year 1997/98 to design the Phase IT improvements. These improvements include a children's play area, picnic area, additional parking, renovation of the brick patio and fencing at the Cottage, and an enclosed off-leash area for dogs. The dog park is a self-contained area which in no way compromises the San Ramon Creek or adjacent creek banks. Over the last five years, the public has had many opportunities to participate in the planning discussions, and valuable input has been received from many community members. As stipulated in the joint agreement, development and maintenance costs are shared equally by the Town and County. The estimated costs for the Phase II improvements total $1,019,434 or $509,717 for each agency. This total includes costs related to plane yin g, design and construction. The Town will bill the County for its 50% contribution to the Phase II improvements on a progress payment basis as was done with the Phase I project. The Joint Planning and Operations Committee, Alamo Parks and Recreation Committee R-7Aj and Danville Parks and leisure Services Commission have spent considerable effort over the last few years designing improvements that will enhance the Hap Magee Ranch Park facilities to provide a high quality park experience for Alamo and Danville residents. 510 LA GONDA WAY, DANVILLE, CALIFORNIA 94526 Administration Building Engineering&Planning Transportation Maintenance Police Parks and Recreation (925)314-3388 (92s)314-3330 (425)314-3310 (925)314-3310 (925)314-3450 (925)314-3410 (925)314-3400 February 24, 2004 Page 2 If you should need additional information about this project, please contact me at 314-3334. Sincerely, TOWN OF l.JA'NVILLE Marcia Somers Community Services Director Attachment: Project cost estimates € ANVU,LE Hap Magee Manch Park Phase II -Project cost estimates February 2004 Project element Estimated casts PG&E under grounding/site prep work $ 91,707 Play and picnic areas/parking 710,000 Dog Park 137,727 Cottage patio and fencing 80,000 Total $1,019,434 *Includes contingency TO: BOARD OF SUPERVISORS ` Contra FROM: Fire Chief Keith B. Richter k Contra Costa Count Fire Protection District ' County County DATE: May 18, 2004 SUBJECT: Approval of Agreement to Use Property with John C. Beery SPECIFIC REOUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Fire Chief to execute an Agreement to Use Property(non-monetary) between Contra Costa County Fire Protection District and John C. Beery for the Fire District's use of his property at 1140 Estates Drive in Lafayette for conducting firefighting training exercises. FISCAL IMPACT: None, BACKGROUND/REASONS FOR RECOMMENDATION: The owner plans to tear down the subject property in the future, and this provides the Fire District with an excellent opportunity to conduct firefighting training exercises involving both destructive training activities (e.g., cutting holes in roof and walls to practice ventilation procedures) and non-destructive training activities (e.g., practicing interior search and rescue operations). This agreement sets forth the terms and conditions under which the Fire District can use the property for training purposes and contains an indemnification provision in favor of the owner. 'County Risk Management has reviewed and approved the indemnification provision. CONTINUED ON ATTACHMENT: YES SIGNATURE, RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE w APPROVE OTHER SIGiNATUR S ACTION OF SOA MAY 1a. 20 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XX NONPIE UNANIMOUS(ASSENT ; AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ASSENT: ABSTAIN: OF SUPERVISORS ON TIME DATE SHOWN. ATTESTED Y 18, 2004 Contact: Mike George 941-3311 JOHN SWEETEN,CLERK OF THE BOARD OF cc: County Administrator/Rich Seithel SUPERVISORS AND COUNTY AOMINISTRA"fOR C.C.C. Fire Protection District Risk Management Division/Ah Hing BY DEPUTY U:\SRMGRS\A/H G\BOARDORD ERBEERYPRO EERTY405.DOC AGREEMENT TO USE PROPERTY This agreement is made this 18th day of May 2004 by and between hereinafter designated as "Owner" and Centra Costa County Fire Protection District, hereinafter designated as "District" for the use of the property described as follows: 1140 Estate Drive Street Address Lafayette, CA 94549 247-110-006-1 City (Parcel dumber) The parties hereby agree as follows: 1. As part of its training activities, District shall have the right to use the property from May 18 20 04,,a, to JUNE 30 , __2004 , between the hours of 7:00 am and 8:00 pin, for the purposes of tearing down or destroying the structure(s) on the above-described property. 2. District's right to tear down or destroy said structures) shall/ M(cross out inapplicable language) include the right to burn the structure(s). 1 District's right to tear dawn or destroy said structure(s) shall not include the right to salvage any building materials from the,property, however, it is agreed by the parties that District shall incur no liability for the damai e or destruction of any building materials or other personal property on or attached to the premises. 4. District shall conduct its training exercises in as safe a manner as passible. Owner shall not be liable for any injury; death or liability during the period;fficluding District personnel, or the property of any person during the period of District's use of the property, as specified in Paragraph 1 hereof. District agrees to save, defend, indemnify and hold harmless Owner from any and all claims, costs and liability for any damages, injury or death of or to any person or the property of any person whose injury, death, damage., claim'ror liability arises or occurs during or as a result of District's use of the property. . District shall have no liability for any injury, death, damage or liability occurring after the District's period of use, as specified in Paragraph 1 hereof, has ended. Owner agrees to save, defend, indemnify and hold harmless District from any and all claims, costs and liability for any damages, injury or death of or to any person or the property of any person whose injury, death, amage, claim or liability occurs or arises after the District's period of use has ended, unle s from/ e District's use of the property. DATE OWNER CONTRA COSTA COUNTY FIDE PROTECTI N DISTRICT u:�sR�..GRS\ HG\P,gOPRE 3os.00c\cJ BY