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HomeMy WebLinkAboutMINUTES - 05022006 - C.65 -sE---L Contra TO: BOARD OF SUPERVISORS/ REDEVELOPMENT AGENCY Costa FROM: DENNIS BARRY DIRECTOR _ o COMMUNITY DEVELOPMENT cae� -`- ��`� Count osrA-cooNti y JOHN CULLEN, EXECUTIVE DIRECTOR CONTRA COSTA COUNTY REDEVELOPMENT AGENCY DATE: May 2, 2006 SUBJECT: Parker Avenue Reconstruction, Rodeo I SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. As the Board of Supervisors, ADOPT Resolution 2006/192 .9 • Approving an Amended and Restated Project Agreement - Parker Avenue Reconstruction Project, Rodeo with. the Contra Costa County ` )K Redevelopment Agency increasing the amount of the agreement by $6,500,000 to an amount not to exceed $8,000,000 and extending the term to December 31, 2008 and authorizing the Director of Public Works to execute the Agreement; • Consent to a Public Facilities and Loan Agreement between the Contra Costa County Redevelopment Agency and the City of Pinole providing for the Agency to loan $300,000 for sewer force main relocation underlying Parker Avenue and San Pablo; CONTINUED ON ATTACHMENT: YES SIGNATURE: [D-KECOMMENDATION OF EXEC IUTIVE DIRECTOR ❑ REC M NDATION OF AGENCY COMMITTEE EEI7CPPROVE ❑ OTHER SIGNATURE(S): ACTION OF I E Y ON /—' APPROVED AS RECOMMENDED OTHER ❑ VOTE OF COMMISSIONERS: I HEREBY CERTIFY THAT THIS IS A TRUE AND �� CORRECT COPY OF AN ACTION TAKEN AND D' UNANIMOUS(ABSENT A0 .71,— ) ENTERED ON THE MINUTES OF THE REDEVELOPMENT AGENCY ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: I ,�/f ATTESTED /' ev �o Contact: Jim Kennedy (335-7225) JOHN CULLEN,AGENCY SECRETARY Orig: Redevelopment Agency cc: CAO County Counsel By: Q r eputy Redevelopment Agency RECOMMENDATION cont: • Make findings required by California Community Redevelopment Law (California Health & Safety Code Section 33000 et. seq.) related to the a) Improvement of publicly owned facilities within the Rodeo Redevelopment Project Area; b) That the Parker Avenue improvements, including sewer force main relocation is of benefit to, and will eliminate blight within the Rodeo Redevelopment Project area; c) That there are no other reasonable means available to finance the Parker Avenue improvements, including the sewer force main relocation; and d) That the payment of funds by the Contra Costa County Redevelopment Agency is consistent with the Agency's adopted Implementation Plan and the Adopted Redevelopment Plan; • Determine that the Mitigated Negative Declaration for the Parker Avenue Reconstruction Project adopted by the County on January 28, 2003 adequately covera impacts of the project; and • Determine that the force main relocation portion of the Parker Avenue Reconstruction Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 (e) of the CEQA Guidelines. 2. As the Governing Board of the Redevelopment Agency, ADOPT Resolution 2006/193 • Approving an Amended and Restated Project Agreement - Parker Avenue Reconstruction Project, Rodeo with Contra Costa County increasing the amount of the contract by $6,500,000 to an amount not to exceed $8,000,000 and extending the term to December 31, 2008 and authorizing the Redevelopment Director to execute the Agreement; • Approving a Public Facilities and Loan Agreement between the Contra Costa County Redevelopment Agency and the City of Pinole providing for the Agency to loan $300,000 for sewer force main relocation underlying Parker and San Pablo Avenues; • Make Finding required by California Community Redevelopment Law (California Health and Safety Code Section 33000 et. seq.) related to the a) Improvement of publicly owned facilities within the Rodeo Redevelopment Project area; b) That the Parker Avenue improvements, including the sewer force main relocation is of benefit to, and will eliminate blight within the Rodeo Redevelopnj ent Project Area; c) That there are no other reasonable means available to finance the Parker Avenue improvements including the sewer force main relocation; and d) That the payment of funds by the Contra Costa County Redevelopment Agency is consistent with the Agency's adopted Implementation Plan and the adoption of Redevelopment plan; • Determine that the Mitigated Negative Declaration for the Parker Avenue Improvements adopted by the County on January 28, 2003 adequately covers impacts of the project; and • Determine that the force main relocation portion of the Parker Avenue Improvement Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 153021(e) of the CEQA Guidelines. FINANCIAL IMPACT: None. No General Funds are involved. The Redevelopment Agency has identified the source of the required funds contemplated by these actions. The Agency is using a combination of budgeted funds and funds from an issuance of Agency Tax Allocation Bonds expected to be completed later this summer. The underlying financing plan maximizes the ability of the County, the Redevelopment Agency, and the City of Pinole to undertake the project in the near term. The County is responsible for approximately $4.3 million (53%) of the total Phase 2 roadway reconstruction project cost to completion and the Redevelopment Agency is responsible for approximately $3.8 million (47%) of the total Phase 2 project cost to completion, for a total Phase 2 project cost to completion of approximately $8 million.1 The underlying plan of finance contemplates that the Agency would loan the City of Pinole $300,000 for sewer force main relocation costs, and advance to the County approximately $2.5 million for a portion of its share of the project, which advance would be returned to the Agency from road improvement fees and other available road/street revenues (i.e., Measure C, Unocal and Road Funds). The total cost of the project is $13.3 million, of which $5.2 million has already been expended for preliminary and design engineering, Lefty Gomez Park parking lot improvements, and Phase I Parker Avenue utility undergrounding work. A cost summary is included as Attachment A. BACKGROUND: 1. Scope The Parker Avenue Reconstruction Project in Rodeo was initially approved by the Board of Supervisors/Redevelopment Agency on December 5, 2000. The project has two major phases, a) Utility undergrounding; and b) Roadway reconstruction including streetscape improvements. The project extends along Parker Avenue for eight blocks from Seventh Street to California Street, through downtown Rodeo. Phase 1, the utility undergrounding phase, is currently 95% complete. The final work on this phase of the project, removing existing power poles and reconnecting utility services to the new underground system, will be completed during phase 2, the roadway reconstruction phase of the project. Major improvements in phase 2 include reconstruction of the four-lane commercial thoroughfare into a two-lane pedestrian-oriented boulevard with landscaped median islands, curb (bulb-outs and curbside parking, and new street lighting, furniture and trees. Completion of the roadway reconstruction project will create a visually prominent, tree-lined boulevard uniting downtown Rodeo, the waterfront, and the surrounding community. The project, when it is completed, will represent a substantial improvement to the physical conditions of downtown Rodeo. The adopted Rodeo Redevelopment Plan (July 10, 1990 Ordinance 90- 501) and the more recently adopted Implementation Plan (January 17, 2006) for the Agency identified the Parker Avenue Improvements as a key element in addressing blight in Rodeo. Reconstruction and streetscape improvements along Parker Avenue was also identified as a key element for revitalizing downtown Rodeo in the Rodeo DowntownMaterfront Specific Plan adopted by the Board of Supervisors on August 12, 1997. 2. History The basis for this project is driven by the blighting conditions along Parker Avenue in the is Redevelopment Project Area, including inadequate infrastructure and public improvements , and an overall appearance of neglect. Parker Avenue will be reconstructed to incorporate and finalize the streetscape enhancements specified in the 1997 Rodeo Specific Plan, the Rodeo Redevelopment Plan and the Agency's Implementation Plan. On October 24, 2000, the Board of Supervisors and Redevelopment Agency approved a ProjectAgreement and Work Program for the project in the amount $1.3 million. On December 5, 2000, the Public Works Department presented revised cost estimates for the project, and the Board approved an amended Project Agreement and Work Program in the amount of $1.5 million. On January 28, 2003, the Board found that there was no substantial evidence the project would have a significant effect on the environment based on the Parker Avenue Reconstruction and Undergrounding Project Mitigated Negative Declaration initial study and comments received, and therefore adopted the Mitigated Negative Declaration and Mitigated Monitoring Program in compliance with CEQA. The Board also approved the project and authorized the Public Works Director to publicly advertise the project at this time. The utility underground ing phase (Phase 1) of the project was initiated in the spring of 2004, and the pre-roadway reconstruction component of this phase was completed in the spring of 2005. Lastly, on January 27, 2004, the Redevelopment Agency and Public Works amended the Project Agreement to include reconstruction of the Lefty Gomez parking lot. This amendment did not increase the amount of the Redevelopment Agency's financial obligation ($1.5 million) for the overall project under the agreement at that time. This component of the project was completed in the winter of 2006. 3. Recent Events The Parker Avenue improvements from the outset were expected to be a complicated undertaking, given the age of the underlying improvements and facilities. The level ofl complication has far exceeded even the expectation. The Public Works Department staff has been creative and tenacious in identifying reasonable solutions to new issues as they arose, including additional storm drainage work, traffic signal work, water and electrical connections, and landscape maintenance considerations. Some of these complications have resulted in a requirement for the County to cancel the previous bidding period and subsequently re-advertise the project at a later date, resulting in project cost increases. In addition, there has been a significant increase in the cost of essential materials as Ithe project has proceeded through final design. After successfully sorting through these complications, the County Public Works Department re-advertised the roadway reconstruction phase of the project on February 14, 2006, a'd opened bids for the project on March 28, 2006. With the actions recommended herein, the Public Works Department will be able to recommend an award of a contract for construction. The roadway reconstruction phase of the project is anticipated to start in July or August, 2006. An additional complication unrelated to County owned facilities was a determination that a sewer force main serving the cities of Pinole and Hercules would have to be relocated under Parker Avenue between Seventh and Third Streets, and under San Pablo Avenue between Railroad and California Streets. The sewer service in Pinole and Hercules is operated by a Joint Powers Agency (JPA) comprised of t I e two cities. Their treated wastewater is pumped through a sewer force main along Parker, Railroad, and San Pablo Avenues through Rodeo to the Rodeo Sanitary District Treatment Facility. As a condition of the encroachment permi issued by the County, the JPA must relocate its facilities at its own costs. The total cost of the sewer line relocation is approximately $2 million, which is bein shared between the two cities. Hercules has indicated they can provide their share as required. The City of Pinole has indicated that their current rates do not allow them to fully fund 100% of their obligation, and have requested that the County Redevelopment Agency loan the City $300,000 to permit the project to proceed immediately. The recommended actions to approve a Public Facilities and Loan Agreement with the City of Pinole accomplished the desired loan of $300000. The City would agree to repay the loan over a five year term, with an interest, rate fixed at the time of origination based on 5-year Treasury Bill rates (currently 4.75%). The City would repay the loan from dedicated sewer service fees collected by the City. The loan is an unsecured loan to be repaid solely from available sewer service fees. Staff has reviewed the City's ability to repay the loan in view of other obligations the City has, and it is comfortable that the City will have the capacity to repay the loan. 4. Elements of the Board/Agency Action: County/Redevelopment Agency Project Agreement and Work Program Staff recommends that the Board and Agency approve the "Amended and Restated Parker Avenue Reconstruction Project Agreement and Work Program by Resolution. These actions will allow for Contra Costa County to complete construction improvements to Parker Avenue within the Rodeo Redevelopment Project Area. This amended agreement will accomplish two purposes: 1) allow the Agency to provide additional funds in the amount of $2.3 million towards completion of the project; and 2) allow the Agency to provide Public Works an additional "advance" of $2.5 million to be utilized towards completion of the project. The County will ultimately be responsible for approximately 53% of the Phase 2 roadway reconstruction project cost to completion, with the Agency responsible for approximately 47%. The funding source for the County's share of the Phase 2 project costs will be a combination of Measure C, Unocal and Road Funds. The total project cost to completion (Phases 1 and 2) is now estimated at $13.3 million. City of Pinole/Agency Agreement Staff recommends t, at the Board of Supervisors consents to, and the Redevelopment Agency approves the Public Facilities and Loan Agreement between the City of Pinole and the Agency. These actions will allow for the Agency to provide the City of Pinole with a loan in the amount of $300,000 as a partial source of funds for completion of the relocation of the sewer force main underlying Parker Avenue. 5. Legal Context The Resolution before the Board/Agency makes a variety of Findings & Determinations. The purpose of this section is to briefly summarize these actions. First, Section 33445 of the Community Redevelopment Law authorizes an Agency to pay for public improvements, subject to legislative findings. These findings are made by both the Board of Supervisors and the Redevelopment Agency, and includes findings that ■ The improvements are of benefit to the project area; ■ No other reasonable means of financing the improvements are available; and ■ the improvements will eliminate blight in the project area. The preceding material documents that these findings are appropriate. With respect to the Pinole Loan Agreement portion of the project, the City of Pinole made these findings i� approving the loan agreement on March 7, 2006. Second, the Board of Supervisors, as the legislative body for the County, must consent to the Redevelopment Agency paying its part of the costs of the Parker Avenue improvements. Third, with respect to California Environmental Quality Act (CEQA) compliance, both the Board of Supervisors and the Redevelopment Agency action determine that 1) the January 23, 200 3 Mitigated Negative Declaration adopted by the Board of Supervisors ade uately covers the Parker Avenue improvements because there are no substantia, changes in the project, no new circumstances exist that would create new enironmental effects, and no new information had been presented to show any significant effects not previously covered; and 2) that the Pinole/Hercules sewer orce main relocation and the loan agreement between the Agency and the City of'Pinole related thereto are exempt from CEQA pursuant to Public Resources Code Section 2100.21 and the CEQA Guidelines Section 15302(c). And fourth, the resolutions authorize the Public Works Director, or designee, to execute documents on behalf of the County and for the Redevelopment Director to execute documents on behalf of the Agency. ATTACHMENT A Cost Summary: Parker Avenue Reconstruction Project I Phase I (Utility Undergrounding) Costs-Completed Preliminary, Design, & Construction Engineering $601,000 Construction $2,246,000 TOTAL PHASE 1 $2,847,000 Phase H (Parker Ave Recon Istruction) Costs to Date Lefty Gomez Parking Lot Improvements $232,000 Preliminary and Design Engineering Redevelopment portion $507,000 Public Works portion $1,634,000 Sub-Total Phase 11 Costs to Date $2,373,000 Estimated Costs to Completion Redevelopment Agency Share $3,800,000 County Share I $4,300,000 Sub-Total Estimated Phase 11 to Completion $8,100,000 TOTAL PHASE II $10,473,000 PROJECT COSTS -TOTAL (Estimated) $13,320,000 Q THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May_2,-2006._bv the_fnllnwinn_vote: aE_JL AYES: Uilkema,Piepho, DeSaninir,Glover and Gioia NOES: None ABSENT: None o anll�mun ABSTAIN: None v~ Resolution No. 2006/192 SUBJECT: Project Agreement and Work Program — Parker Avenue Project, Rodeo In the Matter of Approving the form of the Amended and Restated Project Agreement and Work Program — Parker Avenue Project, Rodeo (the "Project Agreement") pursuant to which Contra Costa County will construct improvements to Parker Avenue (the "Parker Avenue Improvements") within the Rodeo Redevelopment Project Area with funds provided by the Contra Costa County Redevelopment Agency (the "Agency"); and Consenting to a Public Facilities and Loan Agreement(the"Loan Agreement') pursuant to which the Agency will loan funds to the City of Pinole for relocation of a sewer force main underlying Parker Avenue, which is required for construction of the Parker Avenue Improvements; and Making findings required by the California Community Redevelopment Law(California Health & Safety Code section 33000 et. seq.) and the California Environmental Quality Act in connection with the approval of the Project Agreement and consent to the Loan Agreement. WHEREAS, the Board of Supervisors (the"Board") of the County of Contra Costa (the"County") adopted the Rodeo Redevelop ent Plan by Ordinance No. 90-50 on July 10, 1990, and subsequently amended by Ordinance No. 94-66 on December 6, 1994; Ordinance No. 99-08, adopted on February 23, 1999; and Ordinance No. 2002-16, adopted on May 21, 2002 (the "Redevelopment Plan"), which Redevelopment Plan sets forth a plan for redevelopment of the Rodeo Redevelopment Project Area (the "Project Area"). WHEREAS, the Contra Costa unty Redevelopment Agency(the"Agency") is responsible for administering the Redevelopme Co,t Plan to cause redevelopment of the Project Area, including removal of blighting conditions in the Project Area. The Agency has adopted and amended a five-year implementation plan (the "Implementation Plan") pursuant to Section 33490 of the California Community Redevelopment Law to assist in implementing the Redevelopment Plan. WHEREAS, the Redevelopment Plan found that blighting conditions in the Project Area include lack of curbs, gutters, and sidewalks, inadequate drainage facilities, poor traffic and circulation patterns, inadequate infrastructure and public improvements, and an overall atmosphere and appearance of neglect. Parker Avenue is a publicly owned street located within the Project Area. Objective 2 of the Redevelopment Plan provides for circulation and transportation improvements to Parker Avenue, including its reconstruction, paving, and realignment and the construction of curbs, gutters, and sidewalks. The Redevelopment Plan further provides for landscaping and utility improvements to public streets. The Implementation Plan proposes to complete the improvements to Parker Avenue, including repaving, utility undergrounding, improvements to other utilities, and installation of a landscaped median, curbs, gutters, and sidewalks(collectively the "Parker Avenue Improvements"). WHEREAS, the Contra Costa County Planning Commission, by Resolution No. 29-1990, adopted on June 12, 1990, foun that the improvements called for in the Redevelopment Plan conform to the Rodeo General Ian. WHEREAS, Section 33445 of th Community Redevelopment Law authorizes the Agency to pay part or all of the value of the cost of facilities which are publicly owned and are of benefit to the Project Area. The County desires to approve the form of the Project Agreement to ensure that Resolution No. 2006/192 the Parker Avenue Improvements will be completed as contemplated by the Redevelopment Plan and Implementation Plan. The Project Agreement provides that the Agency will pay a part of the cost of the Parker Avenue Improvements, and the County will agree to construct the Parker Avenue Improvements. WHEREAS, the City of Pinole (the "City") and the City of Hercules ("Hercules")jointly own and operate the Pinole/Hercules Wastewater Treatment Plant(the"Plant"). Sewerage from the Plant is pumped through a publicly owned sewer force main to the Rodeo Sanitary District Treatment Facility. The sewer force main isl located underneath Parker Avenue in the Project Area and must be relocated to enable the Parker Avenue Improvements to be completed (the"Force Main Relocation"). Pursuant to a Joint Powers Agreement between the City and Hercules,the City has the right and responsibility to implement the Force Main Relocation, subject to the review and comment of Hercules. WHEREAS,the City now wishes to borrow from the Agency, and the Agency wishes to extend to the Borrower from Agency bond proceeds, a loan in the amount of Three Hundred Thousand Dollars ($300,000) (the "Loan Agreement') to be used to finance a portion of the costs of the Force Main Relocation. The Loan Agreement will enable the Parker Avenue Improvements to be completed to benefit the Project Area. WHEREAS, the County desires to consent to the Loan Agreement in order to ensure that the Parker Avenue Improvements will be completed as contemplated by the Redevelopment Plan and Implementation Plan. WHEREAS, by staff report accompanying this Resolution and incorporated into this Resolution by this reference (the "Staff Report"), the Board has been provided with additional information upon which the findings and actions set forth in this Resolution are based. WHEREAS, in connection with its approval of the form of the Project Agreement and its consent to the Loan Agreement, the County will make certain findings required by Section 33445 of the Community Redevelopment Law. The City previously made certain findings required by Section 33445 by resolution adopted March 7, 2006, and the County made certain findings required by Section 33445 on May 2, 2006. WHEREAS, in connection with its approval of the form of the Project Agreement and its consent to the Loan Agreement, the County will make certain findings required by the California Environmental Quality Act(CEQA). The City previously made certain findings required by CEQA by resolution adopted March 7, 2006, and the County made certain findings required by CEQA on January 28, 2003, and on Maly 2, 2006. It is hereby RESOLVED by the Board that: Section 1. The Board hereby approves the form of the Amended and Restated Project Agreement and Work Program ' Parker Avenue Project, Rodeo (the "Project Agreement') and the transactions contemplated t I ereby, subject to those reasonable modifications made by the Public Works Director or designee (collectively the"Authorized Officers") and approved by legal counsel to the County. Section 2. The Board hereby gives its consent to the Agency to: 1) provide funds to the County for construction of the Parker Avenue Improvements as set forth in accordance with this resolution and as set forth in� the Project Agreement; and 2) loan funds to the City for construction of the Force Main Relocation in accordance with this resolution and as set forth in the Loan Agreement. Section 3. Pursuant to Section 33445 of the Community Redevelopment Law, the Agency is authorized, with the consent of the County, to pay part or all of the value of the Parker Avenue Improvements and the Force Main Relocation, by making the following findings: 1. The Board hereby finds that the facilities are publicly owned and located within the Project Area, in th t the Parker Avenue Improvements and Force Main Relocation projects are owned by public entities (the County and the City), located within Resolution No. 2006/192 public rights of way, and are located within the Rodeo Redevelopment Project Area. 2. The Board hereby finds that the Parker Avenue Improvements and Force Main Relocation to be funded by the Agency are of benefit to the Project Area, in that the improvements will implement specific objectives of the Redevelopment Plan, including Objective 2, to reconstruct, pave, and realign Parker Avenue, to construct curbs, gutters, and sidewalks, and to landscape and provide utility improvements to public streets. 3. The Board hereby Minds that the payment of funds by the Agency pursuant to the Project Agreement and Loan Agreement will enable the Parker Avenue Improvements to be completed, thus eliminating blighting conditions located within the Project Area, including lack of curbs, gutters, and sidewalks, inadequate drainage facilities, poor traffic and circulation patterns, inadequate infrastructure and public improvements, and an overall atmosphere and appearance of neglect. 4. The Board hereby finds that there are no other reasonable means available to the County or the City for financing the Parker Avenue Improvements and Force Main Relocation to be funded by the Agency through the Project Agreement and the Loan Agreement in that the construction costs for the Parker Avenue Improvements exceed the budgeted amount because of the need to rebid work and significant increases in the cost of essential materials, and the County has no additional sources of unbudgeted capital improvement funds available in this fiscal year to pay for the additional costs; and the City is required to complete the Force Main Relocation to accommodate the Parker Avenue Improvements, but does not have adequate funds budgeted in the current fiscal year for this unplanned cost to fund the Force Main Relocation, and further based on the facts and analysis set forth in the Staff Report. 5. The Board hereby(finds that the payment of funds by the Agency pursuant to the Project Agreement and Loan Agreement is consistent with the Agency's Implementation Plan and the Redevelopment Plan in that the both the Implementation Plan and the Redevelopment Plan specifically contemplate construction of thelParker Avenue Improvements, and the Force Main Relocation is required to construct the Parker Avenue Improvements. Section 4. No additional environmental review is needed for the approval of the Project Agreement, in that the Mitigated Negative Declaration for the Parker Avenue Improvements adopted by the County on January 28, 2003, adequately covers the impact of the Parker Avenue Improvements because: 1. No substantial changes have been proposed in the Parker Avenue Improvements since certification of the Mitigated Negative Declaration. 2. No evidence has been presented regarding, nor is the County aware of, any substantial changes in the circumstances under which the Parker Avenue Improvements will be undertaken which would create new significant environmental effects. 3. No new information has been presented, nor is the County aware of such information, which would show that the Parker Avenue Improvements will have any significant effects jot previously discussed in the Mitigated Negative Declaration. Section 5. No further environmental review is needed for the Loan Agreement, in that the Force Main Relocation is part pf the Parker Avenue Improvements and is also exempt from CEQA pursuant to California Public Resources Code Section 21080.21 and CEQA Guidelines Section 15302(c)as a project ofIless than one mile in length (3,600 linear feet for the Force Main Relocation) for the replacem nt and relocation of an underground pipeline, and CEQA Guidelines Section 15302(c), f r the relocation and replacement of an existing utility system. Resolution No. 2006/192 Section 6. The County shall enter into any and all documents and agreements necessary to accomplish the activities contemplated in this resolution, copies of which shall be delivered to the members of the Board. Section 7. The Authorized Officers, or in the absence or unavailability of the aforementioned persons, any officer of the County Board, acting alone, shall be authorized and directed to execute the Project Agreement and any and all necessary agreements, certificates or documents necessary to perform and complete any activities contemplated in this resolution and the Project Agreement. Section 8. The Board designates the Redevelopment Director as the custodian of the documents and other material which constitute the record of proceedings upon which the decision herein is based. These documents may be found at 2530 Arnold Drive, Suite 190, Martinez, CA 94553. Section 9. This Resolution shall take immediate effect from and after its passage. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown: ATTESTED: May 2,2006 JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator By Deputy Resolution No. 2006/192