HomeMy WebLinkAboutMINUTES - 04102007 - C.70 TO: BOARD OF SUPERVISORS Contra
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FROM: MAURICE M. SHiU PUBLIC WORKS DIRECTOR '
Costa
DATE: April 10, 2007 cP`1k County
.17A'C,OUT7•C4
SUBJECT: DETERMINE that the activity is exempt from the California Environmental Quality Act (CEQA)
Guidelines and APPROVE the Purchase of real property from 3052 Willow Pass Road, LLC and 2948
Willow Pass Road, LLC, located at 3052 and 2948 Willow Pass Road, Concord area (District IV)
[CP # 06-98]
Project No.: 4405-6G5042 (Govt. Code 5 25350)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND ANDJUSTIFICATION
Recommended Action:
A. DETERMINE that this activity will not have a significant effect on the environment, and that it has been
determined to be exempt from the California Environmental Quality Act under State CEQA guidelines
Article 5, Section 15061 (b)(3). This Board DiRECTS the Director of Community Development to file a
Notice of Exemption with the County Clerk, and DIRECTS the Public Works Director to arrange for
payment of the $50 fee to the County Clerk for filing and a $25 fee to Community Development for
processing ofthe Notice of Exemption.
B. DECLARE that this Board on March 13, 2007, approved a Notice of Intention nixing April 10, 2007, at
9:30 a.m., or thereafter, in its Chambers, County Administration Building, 651 Pine Street, Martinez,
California, as the time and place where it would meet to consummate the purchase of the real property
described therein from 3052 Willow Pass Road, LLC and 2948 Willow Pass Road, LLC, said properties
being required for County purposes. Said Notice was duly published in the Contra Costa Times in
compliance with Govt. Code Section 6063.
C. BOARD hereby consummates said purchase by exercising the option to purchase the real property at 3052
Willow Pass Road and 2948 Willow Pass Road, Concord, California in accordance with the terms and
conditions of Section C.8 of the Lease Agreement, dated eptember 24, 2 02, between 3052 Willow Pass
Road, LLC and 2948 Willow Pass Road, LLC and Cont r Costa County.
Continued on Attachment: x SIGNATURE:
,RtC.OMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARi)COMMITTEE
APPROVE OTHER
r
SIGNATURE(S):
ACTION OF BOA 1 ON / /d APPROVED AS RECOMMENDED_OTIIER
VOTE?OF SUPE VISORS
1/ I.INANIMOUS(ABSENT )
AYES: NOES: I hereby certify that this is a true and correct
ABSENT: ABSTAIN: copy of an action taken and entered on the
G:\Rea1Prop\22007-Pi1es\130S K Res 07\i30.02.doc minutes of the Board of Supervisors on the
Oiig.Dig: Public works(R/P) date shown.
Contact Olivia Reynolds(313-2306) of
cc: County Administrator
Atic]itor-C'ontroller(via RJP) ATTESTED: �i�r/� / •Z�ol�
Recoider(via RiP) JOHN CULLEN Clerk of the Board of
1.Berecron.Computer services Supervisors and County Administrator
Board(.)rders Senior Clerk.Adm.
T.Tones,Environmental Section
By Deputy
Subject: DETERMINE that the activity is exempt from the California Envirotunental Quality Act (CEQA)
Guidelines and APPROVE the Purchase of real property fiom 3052 Willow Pass Road, LLC and
2948 Willow Pass Road, LLC
Date: April 10, 2007
Page: 2 of 2
Recommended Action (continued)
D. County Auditor-Controller is hereby DIRECTED to issue a check. M. favor of'Placer Title Co., Escrow
No. 615-10373, for the aggregate sum of 52,150,000 for said properties for payment to Grantors, upon
their conveying to the County the Deeds therefore.
Subject to satisfaction of the terms and conditions set forth in Section C.8 of said .Lease Agreement, the Board
hereby ACCEPTS the Grant Deeds in the form attached hereto and made a part hereof; Isom 3052 Willow Pass
Road, LLC and 2948 Willow Pass Road, LLC and DIRECTS the Real Property Division to have both recorded,
each with a certified copy of this Board Order.
Financial Impact:
Under the terms of the lease, when the County closes escrow on the purchases, the County will no longer be
obligated to pay rent of $16,708.80 per month which is required for the period of November 1, 2006 through
October 31, 2007. (Lease revenue bonds) (District IV).
Reasons for Recommendations and Background:
The County has entered into a long term lease for the properties located at 3052 Willow Pass Road and 2948
Willow Pass Road, Concord, CA (APNs 113-041-003 and 113-305-016) for use by the Contra Costa County
Health Services Department. The purchase will terminate the County's obligation to pay rent.
The Board of Supervisors determined the purchase of this property was exempt under CEQA on March 13, 2007,
however, County staff failed to post the Notice of Exemption within five (5) days of approved Notice of Intent to
purchase. The .Board of Supervisors is again determining the purchase is exempt in order to allow County staff to
post the Notice of Exemption.
Consequences of Negative Action:
The County will not obtain ownership interest and will be obligated to continue to pay.rent.
Recorded at the request of:
Contra Costa County
Return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attn: Olivia D. Reynolds
Assessor's Parcel No.: 113-041-003
Title Co. Order No.: 615-10373
GRANT DEED
For Va.ue Received, receipt of which is hereby acknowledged, 3052 Willow Pass Road, LLC, a
California Limited Liability Company,
GRANT(S) to CONTRA COSTA COUNTY, a political subdivision of the State of California,
The following described real property in the City of Concord, County of Contra Costa, State of
California,
FOR DESCRIPTION SEE EXHIBIT "A-1" ATTACHED HERETO AND MADE A PART HEREOF.
GRANTOR
Date 3052 Willow Pass Road, LLC,
A California Limited Liability Company
Title:
Title:
ATTACH APPROPRIATE ACKNOWLEDGMENT
G:\RaalProp\2007-Files\07-3\DE.01-3052 WPR.doc
8/15101
EXHIBIT "A-1"
All that certain real property situate in the City of Concord, County of Contra
Costa, State of California, described as follows:
Parcel A, as shown on that Parcel Map of MSC 25-78, filed for record in the
office of the Recorder of the County of Contra Costa, State of California on
October 15, 1979, in Book 82 of Parcel Maps, page(s) 8.
EXCEPTING THEREFROM:
The Northerly 12 feet, more or less thereof as conveyed to the City of Concord
for street and highway purposes by Offer of Dedication recorded April 12, 1980,
in Book 9799 of Official Records, page 153, and accepted by instrument
recorded July 27, 1981, in Book 19423, Official Records, page 19.
APN: 113-305-016
G:IRealPropk2007-Files107-31L,egaI Description-Premises.doc
Recorded at the request of:
Contra Costa County
Return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attn: Olivia D. Reynolds
Assess)r's Parcel No.: 113-305-016
Title Co. Order No.: 615-10373
GRANT DEED
For Value Received, receipt of which is hereby acknowledged, 2948 Willow Pass Road, LLC, a
California Limited Liability Company,
GRANT(S) to CONTRA COSTA COUNTY, a political subdivision of the State of California,
The following described real property in the City of Concord, County of Contra Costa, State of
California,
FOR DESCRIPTION SEE EXHIBIT "A-2" ATTACHED HERETO AND MADE A PART HEREOF.
GRANTOR
Date 2948 Willow Pass Road, LLC,
A California Limited Liability Company
Title:
Title:
ATTACH APPROPRIATE ACKNOWLEDGMENT
G:\RealProp\2007-Files\07-3\DE.01-2948 WPR.doc
8/15/01
EXHIBIT "A-2"
That parcel of land in the City of Concord, County of Contra Costa, State of California,
described as follows:
Portion of Lot 23, block A, map of Parkside Addition and Racetrack Subdivision, filed
May 6, 1912, Map Book 7, page 155, Contra Costa County records, described as follows:
Beginning on the north line of the parcel of land described in the deed to P.L. Keller,
trustee, recorded July 25, 1934, Book 367, Official Records, page 187, at the southwest corner
of the parcel of land described in the deed to Rollie R. Pratt, et ux, recorded March 10. 1928,
Official Records, page 280, said point of beginning bearing south 11 52' east along the east
line of Lot 23, 159.18 feet and south 880 08' west along the north line of said Keller parcel, 367
OR 187, 60 feet from the northeast corner of said Lot 23; thence from said point of beginning
south 880 08' west along the north line of said Keller parcel, 367 OR 187, 60 feet; thence north
11 52' west, 120.74 feet to the south line of the County Road known as Willow Pass Road;
thence north 701 22' east along said south line 63 feet to the west line of the said Pratt parcel,
128 OR 280; thence south 11 52' east along said west line 139.96 feet to the point of
beginning.
EXCEPTING THEREFROM: That portion thereof described as follows:
Beginning on the north line of the parcel of land described in the deed to P.L. Keller,
trustee, recorded July 25, 1934, Book 367, Official Records, page 187, at the southwest corner
of the parcel of land described in the deed to Rollie R. Pratt, et ux, recorded March 10, 1928,
Book 128, Official Records, page 280, said point of beginning bearing south 1° 52' east along
the east line of Lot 23, 159.18 feet and south 881 08' west along the north line of said Keller
parcel, 367 OR 187, 60 feet from the northeast corner of said Lot 23; thence from said point of
beginning south 881 08' west along the north line of said Keller parcel 1 .33 feet, more or less,
to the east line of the parcel of land described in the deed to Contra Costa County Title
Company, recorded February 14, 1939, book 506, Official Records, page 81; thence north 11
52' west along said east line to south line of the County Road known as Willow Pass Road;
thence north 70° 22' east along said south line to the west line of said Pratt parcel, 128 OR
280; thence south 11 52' east along said west line, 139.96 feet to the point of beginning.
A.P.N.: 113-041-003-6
G:lRealPropl2007-FilesIO7-31LegaI Description-Off Site Parking.doc
DETERMINATION THAT AN ACTIVITY
IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FILE NO.: T00352 CP NO.: 06-98
ACTIVITY NAME: 2948 and 3052 Willow Pass Road, Concord
DATE: November 1, 2006
PREPARED BY: David L. Silva
This activity is exempt from the California Environmental Quality Act (CEQA) pursuant
to Article 5,Section 15061 (b) (3) of the CEQA Guidelines.
It can be seen with certainty that there is no possibility that the activity may have a significant
adverse effect on the environment.
DESCRIPTION OF THE ACTIVITY: Contra Costa County will exercise an option within
its lease to purchase the two properties (2948 Willow Pass Road, APN# 113-041-061 and
3052 Willow Pass Road, APN# 113-305-016) described above. One property (30.52) is
improved as a medical clinic with parking, and the other property (2948) is improved as a
parking lot. Contra Costa County has occupied the properties 'for use as a medical clinic
since October 1.999, and will continue to do so after the acquisition of the property.
LOCATION: 2948 and 3052 Willow Pass Road,Concord
REVIEWED BY: DATE:
APPROVED BY: � DATE: ?C;--CC
- �/�
Community Development Representative
G.\i_eascMg1\1.)avekI{ea1ih Semc--`C:oncord'_;052 Willw•:Pass R&DETL-RIMIN.4TION THAT AN ACTNITY 1S EXPENIVI 11 01 U!,.;ioc
(Form Revised 2/47)
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department
651 Pine Street, 4th Floor- North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (925) 313-7250 Contact Person: David Silva
Project Description, Common Name (if any) and Location: CP# 06-98, 2948 and 3052 Willow Pass
Road, Concord (T00352).
Contra Costa County will exercise an option within its lease to purchase the two properties (2948 Willow Pass
Road, APN# 113-041-003 and 3052 Willow.Pass Road, APN# 113-305-016)described above. One property
(3052) is improved as a medical clinic with parking, and the other property(2948) is improved as a parking lot.
Contra Costa County has occupied the properties for use as a medical clinic since October 1999, and will
continue to do so after the acquisition of the property.
This project is exempt from CEQA as a: [check which ever one applies]
❑ Ministerial Project(Sec. 15268) ❑ Other Statutory Exemption,Section
❑ Declared Emergency(Sec. 15269(a)) ❑ General Rule of Applicability(Section 15061(b)(3))
❑ Emergency Project(Sec. 15269(b)or(c))
® Categorical Exemption, Class Section Art. 5 Section 15061 (b) (3)
for the following reason(s): It can be seen with certainty that there is no possibility that the activity
may have a significant effect on the environment.
A project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment. Where it can be seen with certainty
that there is no possibly that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA.
Date: By: , l • C---=.�'
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
I declare that on I received and posted this notice as required by California Public Resources
Code Section 21152(c). Said notice will remain posted for 30 days from the filing date.
Signature Title
Applicant:
County General Services Department
Attention: David Silva
1220 Morello Avenue, Suite 100
Martinez, CA 94553-4711 County Clerk Fee $25 Due
C:\DOCUME-1\hli\LOCALS-1\Temp\notesBAAA25\CEQA 11 01 06 3052 Willow Pass Rd.doc
COMMUNITY DEVELOPMENT DEPARTMENT
CONTRA COSTA COUNTY
�DATE- Decen bo�'�j4, 2006
TO: General Services DepartmentI !i
David SilvaEC' ud
" !l
FROM: Dennis M. Barry, AICP, Community Development Director ;
ki
By: Catherine Kutsuris, CEQA Coordinator
Via : Hiliana Li
SUBJECT: CEQA REVIEW, PROJECT # CP#06-98 2948 and 3052 Willow Pass Road, Concord
T00352
Attached are the following environmental documents relative to the above-referenced project which have been
reviewed by the Community Development Department. Please review the documents to determine if there are
any posting periods and/or hearings required before the Board of Supervisors can take action on the project.
These documents should be kept in the project file for future reference.
(Y) Initial Study of Environmental Significance.
( ) Copy of the Notice of Exemption (w/receipt). (The original is: on file in Community
Development Department; _on file with the County Clerk; being returned for filing in project file.)
( ) Copy of the Notice of Determination. (The original is: on file in Community Development
Department; on file with the County Clerk; being returned for filing in project file.)
( ) Notice of Negative Declaration - including mail out list.
( ) Draft EIR.
(Y) Mandatory Referral.
( ) Proof of Publication
(Y) Letter of CEQA determination
( ) Comments:
(Y) TWO COPIES OF THE NOTICE OF EXEMPTION/DETERMINATION ARE ATTACHED. WHEN YOU
HAVE SCHEDULED THIS ITEM WITH THE BOARD PLEASE SEND ONE COPY BACK TO ME WITH
A NOTE STATING THE DATE THE BOARD OF SUPERVISORS IS TO HEAR THE ITEM.
When the Board of Supervisors takes action on the project, it must "review" and "consider' the environmental
impact report or negative declaration, together with any comments received during the public review process.
They must then adopt the environmental document before approving the project. You must, therefore, provide
copies for each member of the Board of the respective environmental impact report, notice of negative
declaration, or the notice of exemption, along with any comments received during the review period. They must
review and consider these items before approving the project. If they do not physically have the documents,
they cannot consider them.
In the case of projects which are exempt from CEQA, the Board Order should concur in the determination that
the project is categorically exempt, and direct the filing of the Notice of Exemption.
PLEASE NOTIFY US, WITHIN 2 DAYS OF THE BOARD HEARING ON THIS PROJECT, WHAT ACTION
THE BOARD TOOK SO THAT WE CAN INITIATE THE FILING OF THE NOTICE OF EXEMPTION OR
NOTICE OF DETERMINATION WITH THE COUNTY CLERK. THE FILING OF THESE NOTICES STARTS
THE STATUTE OF LIMITATIONS ON COURT CHALLENGES TO THE APPROVAL UNDER CEQA. HENCE,
THE FILING OF THESE NOTICES ARE IMPORTANT SINCE IT LIMITS THE COUNTY'S LIABILITY.
If you have any questions concerning the above documents or the CEQA process, please contact Catherine
Kutsuris at 335-1210.
G:\Current Plan n ing\curr-pla n\C E QA form letters\Forms-n-Templates\CEQAcover.doc