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Home My WebLink AboutMINUTES - 03132007 - C.10 A. ko. TO: BOARD OF SUPERVISORS Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: March 13, 2007 ST'4 ffu P~ County SUBJECT: Conveyance of Real Property to the Diablo Water District, Knightsen area(District III) Project No. 905E25 (Government Code § 25365) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: DECLARE that this Board, on February 27, 2007, approved a Notice of Intention fixing March 13, 2007 at 9:30 am,or thereafter,in its chambers,County Administration Building,Martinez,California,as the time and place when it would meet to consummate the conveyance of the real property described herein to the Diablo Water District (District); said Notice was duly published in the Contra Costa Times newspaper. DECLARE that this Board,by the aforementioned Board Order, found that said property is no longer required for present or future County use. APPROVE the conveyance between Contra Costa County (County) and District. The Chair of the Board of Supervisors is hereby AUTHORIZED to execute a Grant Deed to the District on behalf of the County, and DIRECTS the Real Property Division to cause its delivery to said District tance avd ording. CONTINUED ON ATTACHMENT: El SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BAA#b OMMITT 4 APPROVE OTHER �O r SIGNATURE(S): ,,/ ACTION OF BOAR O /ydyah 49 060-C7'c APPROVED AS RECOMMENDED OTHER �C ,$2.a--a tlw►- VOTE OF SUPERVISORS: 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT MINUTES OF .THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Olivia D.Reynolds(925)313-2306 OR:Id G;\RealProp\2007-Files\130S&Res 071130-Conveyance Diablo Water District.doc ATTESTED JOHN CULLEN,CLERK✓OF THE BOARD OF SUPERVISORS cc: County Administrator Auditor-Controller(via R/P) P.W.Accounting Recorder(via R/P) 'DEPUTY I.Bergeron,Computer Services SUBJECT: Conveyance of Real Property to the Diablo Water District,Knightsen area(District III) Project No. 905E25 DATE: March 13, 2007 PAGE: 2 of 2 FISCAL IMPACT: There is no impact to the County General Fund. REASONS FOR RECOMMENDATIONS AND BACKGROUND: County and District entered into an agreement on August 13,2002 and under the terms of the agreement,the County agreed to transfer all assets in the M25 District to the District including Assessor's Parcel Number(APN)020-080- 005 which contains a well. This action will complete these obligations under the agreement. In Resolution No. 2002/538, the Contra Costa Board of Supervisors certified that as lead agency pursuant to the California Environmental Quality Act it is Categorically Exempt. CONSEQUENCES OF NEGATIVE ACTION: The County would retain surplus property and would not be incompliance with the August 13, 2002 agreement between the County and the District. CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT 255 Glacier Drive Martinez, CA 94553 NOTICE OF INTENTION TO CONVEY REAL PROPERTY (Gov. Code § 25365) Notice is hereby given that the Board of Supervisors of Contra Costa County, on February 27, 2007, declared its intention to convey to the Diablo Water District all real property described in the attached Exhibit "A" The Board will meet on March 13, 2007 at 9:30 am, or thereafter in the Board's Chambers, County Administration Building, 651 Pine Street, Martinez, California, to make such conveyance by at least a four- fifths vote. 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 die date sho mi. ATTESTED: FEBRUARY 27, 2007 By EMY L. SHARP ,Deputy Publication Date(s) March 05, 2006 1 Exhibit `A' A portion of the Southwest one-quarter of the Southwest one-quarter of Section 32, Township 2 North, Range 3 East, Mount Diablo Meridian, Contra Costa County, California described as follows: Being all of the parcel of land granted to Contra Costa County, a political subdivision of the State of California by the Final Order of Condemnation, case number C88-04413, recorded June 14, 1989 in Book 15131 of Official Records at pages 886 thru 888, records of said County. 2 Recorded at the request of: Diablo Water District Return to: Diablo Water District Mike Yeraka 2107 Main St. P.O. Box 127 Oakley, CA 94561 iQn Assessor's Parcel No.: 020-080-005 V UU GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of alifornia, Grants to DIABLO WATER DISTRICT, a local governmental gency of the State of California the following described real property in the, unincorporat area of the County of Contra Costa,, State of-California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACH HERETO AND MADE A PART HEREOF. CONTRA C T CO NTY Dated MARCH 13, 2007 By , air, of Supervisors STATE OF CALIFORNIA )- COUNTY OF CONTRA COSTA ) On L3, �efore me, Il�IlA L. SHARP Deputy Clerk of the Board of Supervisors, Con a Costa County, personally appeared SUP. MARY P PHO who is personally known to me(or proved to me nthe basis of satisfactory evidence) to be the person(s) w osen ame(s) is/are subscribed to the within instrument and acknowledged to me that he/she/theyexecuted_ the. same .in his/her/their _ _--- authorized capacity(ies), and that I hi /htheir signature(s) on the instrument the person(s), or th/e' -u ty upon behalf of which the person(s)acted executed thement. WITNESS my hand and official seal. By: Deputy Clerk OR: Id G:\RealProp\2007-Files\BOS&Res 07\DE.03.doc 4/29/03 Contra Costa County grant deed to Diablo Water District APN 020-080-005 Exhibit 'A' A portion of the Southwest one-quarter of the Southwest one-quarter of Section 32, Township 2 North, Range 3 East, Mount Diablo Meridian, Contra Costa County, California described as follows: Being all of the parcel of land granted to Contra Costa County, a political subdivision of the State of California by the Final Order of Condemnation, case number C88-04413, recorded June 14, 1989 in Book 15131 of Official Records at pages-886-thru-888;record-s-of-said-County. GADesign\SURVEYS\ExMbit A#C88-04413.doe ADDENDUM to C.10 March 13, 2007 On this day,the Board of Supervisors considered approving conveyance of specified real property to the Diablo Water District, and authorizing the Chair, Board of Supervisors, to execute a Grant Deed on behalf of the County, Knightsen area. Heather Ballinger of the Public Works Department noted that Knightsen is concerned that through this action,they are going to lose their water supply for domestic and agricultural uses. Chair Piepho mentioned that back when the parcel was known as "M25"there were accompanying conditions and restrictions on its use, and she asked if these conditions could be reclaimed and made part of the conveyance. Silvano Marchesi, County Counsel, noted that since County Service Area M25 was dissolved, those conditions no longer have any life. The Chair called for public comment and the following person spoke: Vickey Rinehart, Knightsen Elementary School District, said there have been a lot of emotional issues because people felt they were not being informed. She made three suggestions: (1) hold off on the transfer; (2) add the original restraints from M25 to the transfer, to indicate that the use was designed for a specific number of people; and (3) for any additional wells that are to be drilled, add protective language to require Environmental Impact Reports. Chair Piepho asked about the impacts of holding off on the transfer. Mr. Marchesi responded that it is within the Board's purview to take action or not, but that since the issue involves another separate public agency, whether it would be acceptable to Diablo Water is another issue. By a unanimous vote with Supervisor Glover absent, the Board of Supervisors took the following action: POSTPONED conveyance of specified real property to the Diablo Water District to a future date, preferably within 30 to 60 days,to allow discussions at LAFCO. <cc0@contra.napanet. To: <comments@cob.cccounty.us> net> cc: Subject: Data posted to form 1 of 03/12/2007 02:37 PM http://www.co.contra-costa.ca.us/depart/cao/agendacomments_form.ht m Username: Vickey Rinehart, Superintendent UserAddress: Knightsen E.S.D. , 1923 Delta Rd. , Knightsen UserTel: cell (925) 963-5776 UserEmail: vrinehart@knightsen.k12.ca.us AgendaDate: 03/13/07 Option: Selected AgendaItem: C.10 Remote Name: Remote User: HTTP User Agent: mozzlla/4.0 (compatible; MSIE 6.0; Windows NT 5.1; SV1; YPC 3.2 .0; NET CLR 1.1.4322) Date: 12 Mar 2007 Time: 13 :36:59 Comments: I would like to request that item C.10 be removed from the consent items and placed in the short discussion items. Do I need to put this request in writing at the opening of the meeting at 9:30 a.m? Thank you for your assistance. 10 Board of Supervisors Meeting—March 13, 2007 There are issues associated with Diablo Water's use of the Knightsen Well in terms of transfer of water for use in other areas. This well currently serves only 11 people, and was designed to serve 64 people at the most. When the well was given to Diablo Water by the county, the sizing restrictions on the well were not carried over in the deed. We would like to ask the supervisors to consider quests. 1) Do not act on the change of title of the property until the issues of transferring of water from Knightsen to another area are resolved. The transfer has not been done for about 4 years, so it seems waiting a few more months would do not damage to anyone. 2) we ask that the original restraints of the Knightsen well, which was built for servicing only—M.' users, be placed on the property when it is transferred. -AJso,`we ask for a safety net formally acknowledging that prior to any additional wells being drilled on the property to be transferred, that a written formal acknowledgement that the CEQUA laws must be followed and be added whens finalizing the property transfer. 1. REQUEST TO SPEAK FORM (3 Minute Limit) wish to speak on Agenda Item#: C—/ Complete this,form and place it in the upright box near the Date: /, /t3lp-7speaker's podium, and wait to be called by the Chair: �'T My continents will be: ❑ Gene Personal information is optional. This speaker's card will be incorporated into the public record of this meeting. ❑ For Name(PRINT): t Against To ensure your name is announced corn ctly,you may want to include its phonetic spelling I wish to speak on the subject of: Address: City: Phone: 6 Z -O9-D G 3 '5-7 6 � W� I am speaking for: ❑ Myself 1/_ ` El do not want to speak but would like to Organization: E leave comments for the Board to consider V,. S (Use the back of this form)