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Home My WebLink AboutRESOLUTIONS - 10032006 - 2006-524 y THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA ADOPTED this resolution on Tuesday October 3, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier,and Gioia NOES: None ABSENT: Glover ABSTAIN: None RESOLUTION NO. 2006/524 SUBJECT: Williamson Act Consistency Findings and Approval } Related to the acquisition of 282 acres of land } Under Land Conservation Contract No. 2-76 } By East Bay Municipal Utility District } Pursuant to the Government Code } Sections 51238.1(a) and 51293 (a) } WHEREAS the East. Bay Municipal Utility District ("the District') proposes to acquire in fee property located in unincorporated Contra Costa County in the near future described as a approximately 68-acre portion of Assessor Parcel No. 257-170-001. The District also proposes to acquire an approximately 214-acre property, which is located contiguous of the 68-acre property in approximately ten years (214-acre property), that includes portions of Assessor Parcel Nos. 257-120- 003/004 and 271-110-001. WHEREAS both the 68-acre property and the 214 acre property (collectively, the "Properties") are located in an unincorporated area of Contra Costa County, just north of the Upper San Leandro Reservoir and west of the Town of Moraga, and the Properties have been identified by the District as a potentially important component in its watershed protection program for the Upper San Leandro Reservoir. WHEREAS the Properties are subject to the same active Williamson Act contract, Land Conservation Contract No. 2-76, which was established on February 10, 1976 between Contra Costa County and the then owners, the McCosker Family, and the Properties are accordingly zoned within an A-4: Agricultural Preserve District, and the 214-acre property has been historically used for cattle grazing, although the 68-acre property is too heavily wooded to have been grazed. WHEREAS the Properties are located in an area proposed by the U.S. Fish and Wildlife Service proposed for designation as critical habitat for the Alameda whipsnake, and accordingly, the U.S. Natural Resource Conservation Service does not identify the Properties as "prime agricultural land" as defined by California Government Code section 51201. WHEREAS the District has entered into a three-party voluntary land exchange program between the developers of the Gateway Montanera Project, located in the City of Orinda, and the City of Orinda involving the Properties, in which the 68-acre property (along with a 44-acre property that is not subject to a Williamson Act contract) will be acquired by the District in exchange for 27 acres of District property to be acquired by the City of Orinda for a public recreational use in the vicinity of the Gateway Montanera Project, and the 214-acre property will be conveyed in approximately ten years by the Gateway Montanera developers to the District as mitigation for project-related impacts (along with 130 acres that is not subject to the Williamson Act contract). 1 WHEREAS prior to conveyance to the District, the Properties will be subject to conservation easements and long-term management plans that will require continued, but more carefully managed grazing on portions of the Properties that have been historically been subject to grazing (which does not include the heavily wooded 68-acre property). WHEREAS the District's proposed acquisition is considered a "public improvement" under Government Code section 51290.5, and Government Code section 51291 (b) requires notice to the California Department of Conservation and to Contra Costa County "as the local governing body responsible for the administration of the preserve of its intention to consider the location of a public improvement within the preserve". WHEREAS the District has submitted a letter to the Community Development Department, dated September 5, 2006, giving notice to the County of the pending acquisition of the Properties and making a request that the Board of Supervisors find the acquisition of the Properties to be consistent with Land Conservation Contract No. 2-76 pursuant to California Government Code section 51238.1 and to approve the acquisition of the Properties by the District pursuant Government Code section 51293 (a). RESOLVED that the Board of Supervisors of Contra Costa County finds that the acquisition and use of the Properties by the District will be consistent with the following provisions of Government Code section 51238.1(a): "(a) Uses approved on contracted lands shall be consistent with all of the following principles of compatibility." "(1) The use will not significantly compromise the long-term agricultural capability of the subject contracted parcel or parcels or on other contracted land in agricultural preserves." Findings and Supporting Evidence: Land Conservation Contract No. 2-76 established "grazing" as the agricultural use for a tract of land of which the Properties were a part of (reference: Exhibit "B", Allowable Uses, Land Conservation Contract No. 2-76). The District will continue to contract with private, commercial grazers for the continuation of grazing on all portions of the Properties that have been historically been subject to grazing (which does not include the heavily wooded 68-acre property). Evidence that the District use will not further compromise the long-term productive capability of the Properties include a determination by the Natural Resources Conservation Service (NRCS) that the contracted parcels proposed for acquisition are not "prime" agricultural lands (reference: letters from NRCS to the District, dated 7/1/2005 and 5/10/2006, confirming soil conditions for the Properties). Additionally, the conservation easements and long-term management plans require permanent, managed grazing (where practical) on the Properties by the District (reference: Long-Term Management Plan for the Montanera Project, Moraga Creek Open Space Area and Indian Valley Preserve Area, dated 5/21/2006). These factors relating to the District's use of the Properties provide evidence that the long-term agricultural capability of the subject contracted parcels will not be compromised from their historical agricultural/grazing use or other contracted lands in the agricultural preserve (AP#2-76). "(2) The use will not significantly displace or impair current or reasonably foreseeable agricultural operations on the subjected contract parcel or parcels or on other contracted lands in agricultural preserves. Uses that significantly displace agricultural operations on the subject contracted parcel or parcels may be deemed compatible if they relate directly to the production of commercial agricultural products on the subject contracted parcel or parcels or neighboring lands, including activities such as harvesting, processing, or shipping." 2 i Findings and Supporting Evidence: The District will retain cattle grazing use on all areas of the Properties that have been historically grazed and does not propose any physical improvements on the Properties that would displace or impair current and future grazing activities because the subject contracted parcels will become part of the District's watershed protection area for the Upper San Leandro Reservoir, where physical improvements within the watershed protection area are restricted (reference: letter from Paul Kenny, EBMUD Real Estate Representative, dated 9/5/2006). Additionally, the Properties will be subject to permanent conservation easements and long-term management plans that also place limitations on physical improvements (reference: Long-Term Management Plan for the Montanera Project, Moraga Creek Open Space Area and Indian Valley Preserve Area, dated 5/21/2006) . "(3) The use will not result in the significant removal of adjacent contracted land from agricultural or open space use." Findings and Supporting Evidence: The District's acquisition of the Properties will not result in the removal of adjacent contracted land from agricultural or open space use (reference: letter from Paul Kenny, EBMUD Real Estate Representative, dated 9/5/2006, and Long-Term Management Plan for the Montanera Project, Moraga Creek Open Space Area and Indian Valley Preserve Area, dated 5/21/2006). "in evaluating compatibility, a board or council shall consider the impacts on noncontracted lands in the agricultural preserve or preserves." Findings and Supporting Evidence: The District's acquisition of the Properties will not have any impact on noncontracted land within the agricultural preserve (reference: letter from Paul Kenny, EBMUD Real Estate Representative, dated 9/5/2006, and Long-Term Management Plan for the Montanera Project, Moraga Creek Open Space Area and Indian Valley Preserve Area, dated 5/21/2006). BE IT FURTHER RESOLVED that the Board of Supervisors of Contra Costa County pursuant to Government Code section 51293 (a) agrees to the proposed acquisition of the Properties by the District subject to the permanent conservation easements and long-term management plan for the Properties as described in the District's September 5, 2006 notification letter to the County (reference: letter from Paul Kenny, EBMUD Real Estate Representative, dated 9/5/2006). I hereby certify that the foregoing is a true and Contact: P. Roche, CDD (925-335-1242) correct copy of an action taken and entered on the cc: Community Development Department minutes of the Board of Supervisors on the date CAO shown. County Counsel East Bay Municipal Utility District ATTESTED: City of Orinda John Cullen, Clerk of the Board of CA Dept. of Conservation Supervisors and County Administrator By: — VA A ",0 Deputy RESOLUTION NO. 2006/524 0 Waanv el,m gl.d,-o1an%W,11ivnwn A,'OSRVI 2p 524 R.rviwd4� 3