HomeMy WebLinkAboutRESOLUTIONS - 10151996 - 96-491 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
AS THE GOVERNING BODY OF CONTRA COSTA COUNTY
FLOOD CONTROL & WATER CONSERVATION DISTRICT
Adopted this Resolution on October 15, 1996 by the following vote:
AYES: SUPERVISORS ROGERS, BISHOP, TORLAKSON AND SMITH
NOES: NONE
ABSENT: SUPERVISOR DE SAULNIER
ABSTAIN: NONE RESOLUTION NO.96/491
SUBJECT: RESOLUTION APPROVING THE PROPOSED RECONFIGURATION OF DRY
CREEK RESERVOIR
WHEREAS, A. G. Spanos Construction, Inc. ("Spanos"), is in the process of developing
Brentwood Hills Project, a 570 acre residential community within the City of Brentwood; and
WHEREAS, approved subdivision plans for,=Brentwood Hills Project include 1,031 single
family residences, an 18 hole championship public golf course and the preservation and enhancement
of substantial area of natural habitat; and
WHEREAS, the Contra Costa County Flood Control and Water Conservation District (the
"District") presently owns and operates Dry Creek Dam ("Dry Creek"), a storm water reservoir
facility located within Brentwood Hills Project; and
WHEREAS, Dry Creek was developed by the construction of a dam, a saddle dike and a
north dike on an irregular shaped parcel of agricultural property owned by the District; and
WHEREAS,the reservoir area of Dry Creek includes a flood control easement also held by
the District which meanders in a southwesterly and northwesterly direction along the 166 foot
contour line encompassing an irregular shaped surface area; and
WHEREAS, the configuration of Dry Creek is such that when filled with storm waters to
elevation 166, the volume of water within the reservoir area would be approximately 450 acre feet;
and
WHEREAS, Spanos has proposed (1) to improve and enhance the visual esthetics of Dry
Creek; (2) incorporate Dry Creek into its Brentwood Hills Project as part of Spanos' efforts to
preserve open space and natural habitat; (3) reduce the potential for injury from an attractive
nuisance; (4)minimize the District's liability exposure by reconfiguring and centralizing Dry Creek's
reservoir; and (5) entering into a"joint use" agreement with the District; and
WHEREAS, reconfiguration of the reservoir area of Dry Creek, relocation and modification
of the "spill way" would require the review and approval of the United States Department of
Agriculture Natural Resources Conservation Service and the California Department of Water
Resources; and
WHEREAS, Spanos has agreed to prepare all necessary documents, permit packages,
engineering design, construction plans and specifications, in conformance with the District's
standards,the United States Department of Agriculture Natural Resources Conservation Service and
the California Department of Water Resources and submit them to the District for the District's
review and approval; and
WHEREAS, Spanos has agreed to obtain all necessary permits and approvals from all
responsible agencies, to reconstruct, at its sole cost and expense, Dry Creek in accordance with the
approved plans and specifications; and
RESOLUTION APPROVING THE PROPOSED
RECONFIGURATION OF DRY CREEK RESERVOIR
Page 2
October 15, 1996
WHEREAS, upon completion and acceptance by the District of the reconstruction of and
improvements to Dry Creek, Spanos has agreed to prepare the appropriate legal descriptions, plats
and documents necessary to facilitate any and all required abandonments, land transfers and flood
control easements consistent with the reconstructed and reconfigured reservoir area of Dry Creek.
The Board of Supervisors of Contra Costa County; as the Governing Body of the Contra
Costa County Flood Control& Water Conservation District, RESOLVES THAT;
1. That the Contra Costa County Flood Control and Water Conservation District hereby
indicates its support for the conceptual proposal of A.G. Spanos Construction, Inc., to reconstruct
Dry Creek Reservoir consistent with the above premises with the understanding that the District will
be afforded the opportunity to review relevant engineering analysis substantiating the adequacy of
the proposal to provide required flood protection and will not be financially burdened with increased
costs in operating and maintaining the redesigned Dry Creek Reservoir; and
2. That staff is further directed to develop a joint use agreement between the District and
Spanos for all of or a portion of Dry Creek Reservoir for the consideration of the Board which would
include compensation to the District by A.G. Spanos for all required land abandonments and transfers.
Compensation to the District could be offset with cost incurred by A.G. Spanos toward improvement
and reconstruction of the Dry Creek Reservoir.
1 hereby certify that this i9 a true and Correct copyof
an action taken and enterer on the minutes of the
Board of Supervisors an the date shown.
AT=-QTCctobe.r 15Mtrld
=LOR,
Orig.Dept.:Public Works(FC)
Contact: P. Harrington,313-2271
cc: County Administrator
County Counsel
V.Alexeeff,GMEDA
Chief Engineer
PLH:c1
FCBO:bo15.t10
RESOLUTION NO. 96/491