HomeMy WebLinkAboutMINUTES - 08041987 - T.10 (2) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 4, 1987 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson, McPeak
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Proposed Establishment of the Briones Hills Agricultural
Preserve
The Board of Supervisors on July 14, 1987, continued the hearing
on the proposed establishment of the Briones Hills Agricultural
Preserve to July 28 , 1987 at 2 : 30 p.m. Due to an inadvertent clerical
error, the continuation of the hearing on the establishment of the
Briones Hills Agricultural Preserve was not listed on the July 28,
1987 agenda and was rescheduled to August 4, 1987 at 3 : 00 p.m.
James Cutler, Community Development Department, spoke on the
project and the August 4, 1987 memo from Harvey Bragdon, Director of
Community Development, responding to requests for changes in the
boundaries of the Briones Hills Agricultural Preserve area, Exhibit A
attached, and recommending granting the requests from the cities of
Lafayette and Hercules and denying the requests of the two privately
owned properties (Spencer Trust and .Hallissy) .
Supervisor Schroder questioned the staff on their fact sheet on
the Briones Hills Agriclutural Preservation Area, and on the need for
the Briones Hills Agricultural Preservation Area.
James Cutler responded that it was the suggestion of Supervisors
Powers and Fanden to protect the unique character of the area and that
the suggestion was approved by the Board and referred to staff to
develop an approach to accommodate that suggestion.
Supervisor Powers and Supervisor Fanden each commented briefly on
their reasons for pursuing this method.
The following people appeared to speak:
Rick Seabolt, 1255 Trestle Glen Road, Oakland;
Terri Williamson, City of Pleasant Hill, 212 Poshard Street,
Pleasant Hill;
Ray Leal, P.O. Box 2308, Martinez;
David McCoard, 214-Z Apollo, Hercules;
John Goularte, 2131 Pear Street, Pinole;
Brandt Andersson, City of Orinda, 184 Moraga Way, Orinda;
Merle D. Gilliland, Wallace Olson Associates, Inc. , P.O. Box 215,
Moraga;
Lorraine Matta, P.O. Box 542, Crockett;
Tom McLean, 6863-15 Caminito Mundo, San Diego, representing the
Spencer Trust;
Clara Wood, 2775 Franklin Canyon, Martinez;
Jean McKay, 252 Alexander, Crockett;
1
Bob Walkor, East Bay Area Trails Council, 545 Clayton, San
Francisco;
Dan Hallissy, 2026 Oakridge Lane, Pittsburg;
Betty Brenkle, 396 Cummings Skyway, Martinez;
Mary Powell, Port Costa Town Council, Port Costa;
Peggy Domagleski, 135 Prospect Avenue, Port Costa;
Frank Pereira, 6040 Alhambra Valley Road, Martinez;
Avon Wilson, City of Lafayette, 251 Lafayette Circle; Lafayette;
Ed B. Frazer, 2793 Franklin Canyon Road, Martinez;
Charles Collins, City of Hercules, 111 Civic Drive, Hercules;
Dale Saunders, Contra Costa Greenbelt Congress, 1158 Temple
Drive, Pacheco;
Mark Evanoff, People for Open Space/Greenbelt Congress, 512
Second Street, San Francisco;
Bob Chapman, P.O. Box 2632, Martinez;
George Hess, 1141 Bear Creek Road, Martinez;
Howard R. Higgins, Citizens Land Alliance, P.O. Box 457, Antioch;
Ken Gerlack, 155 Dutra Road, Martinez;
G. Scrimgeour, 401 Cummings Skyway, Martinez;
Michael Gleason, Carquinez Shoreline Committee, 57 Canyon Lake
Drive, Port Costa;
Robert Santos, 5798 Alhambra Valley Road, Martinez;
Frank Nunes, 1220 Bear Creek Road, Martinez;
Bob Pickett, Wallace Olson Associates, 1100 Moraga Way, Moraga;
Hetty Watson, 1151 Bear Creek Road, Martinez;
The following people submitted written comments but did not wish
to speak:
Byron Campbell, Residents for a Better Contra Costa, Box 2192,
Concord;
Laura Selfridge, Sierra Club, 64 Scenic Avenue, Richmond;
D.E. Galloway, P.O. Box 40, Port Costa;
Laura J. Frazer, 2793 Franklin Canyon Road, Martinez;
Kathleen Irwin, 1201 Grandview Avenue, Martinez;
Mr. and Mrs. Julian Frazer, 2660 Franklin Canyon Road, Martinez;
Loma Hallissy, P.O. Box 517, Crockett;
Judy Pirtle, 8 Valley High, Lafayette;
The public hearing was closed.
Supervisor Powers commented that there are no changes occurring
in the zoning or the general plan or any uses of the property that
exist within this area, and that this is simply an effort to step back
and insure that when development is done, it is done deliberately with
2
a time schedule, and with an orderly growth plan. Supervisor Powers
also commented that it was good planning and done in a consensus
manner; and expressed his concern that the cities had looked at the
borders but the County had not had the chance to look at the borders,
and as, a result of that two requests had been received to be deleted
from the project. Supervisor Powers recommended adopting the resolu-
tion, not finalizing the map, and referring the two requests (the
Spencer Trust property and the Hallissy property) to the General Plan
Congress before the map is finalized, and then circulate the
resolution for signature to the cities.
Supervsior Fanden supported Supervisor Powers ' recommendation but
also requested a reaffirmation or committment to the five acre zoning
and requested that reaffirmation be included in the recommendation.
Supervisor Powers agreed to incorporate Supervisor Fanden' s
request for the five acre reaffirmation into his recommendation.
The Board discussed the matter.
Supervisor Powers moved to adopt the resolution with the addi-
tional wording proposed by staff to include the right to apply for a
five acre minimum parcel size, the existing map, and a separate
referral of the Spencer request and the Hallissy request to the
General Plan Congress for review.
Supervisor Fanden requested the inclusion of the boundary re-
quests from the Cities of Hercules and Lafayette recommended by staff
in its August 4, 1987 report.
Supervisor Powers requested that there be comment back from the
General Plan Congress on the Spencer and Hallissy parcels before
circulating the resolution to the cities for signature.
Supervisor Schroder expressed concern over the direction to LAFCO
contained in the resolution that says the Board of Supervisors and the
City Councils request the Local Agency Formation Commission of the
County of Contra Costa to honor this Agricultural Preservation Agree-
ment for this area and to continue to act in a manner consistent with
the preservation or the formation of lands of agriculture or other
open space purposes, commenting that this was taking out of the hands
of the County and City the right to the use of this property and
putting it into the hands of LAFCO, and that he philosophically
objected to that.
Supervisor Torlakson expressed support for the existing language
on the direction to LAFCO, and that LAFCO is merely being asked to
look at whether services can be provided to these areas.
Supervisor McPeak commented in support of the motion.
Therefore, IT IS BY THE BOARD ORDERED that Resolution No. 87/483,
a joint resolution of the Cities of Martinez, Pleasant Hill,
Lafayette, Orinda, Richmond, San Pablo, Pinole, Hercules and Contra
Costa County, establishing an agricultural preservation area in the
Briones Hills, is ADOPTED; and the Spencer and Hallissy parcels are
REFERRED to the General Plan Congress for review, and comments to the
Board and the Resolution then being circulated to the cities for
signature.
I hereby certify that this Is a true and correct copy of
an action taktn oral entered on the inlrutos of the
Board of Supe 7sors on the date shown.
'
ATTESTED-
WiL BATCH -OR, Clerk of the Board
of Superv@sors and County Administrator
Orig. Dept. : Clerk of the Board
cc: Community Development Department o
County Counsel By , Deputy
County Administrator
3
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
TO: BOARD OF SUPERVISO DATE: August 4, 1987
FROM: Harvey E. Bragdo
Director of Com o t
SUBJECT: Briones Hills r cult al eservation Area
------------
Supervisor Fanden requested that we provide a response to the requests for
changes to the Briones Hills Agricultural Preservation Area boundary. This
memo responds to that request. Each of the four requests for boundary change
are addressed individually below. Staff has highlighted the boundaries of
these requests shown on the presentation map.
Before I comment on the requested changes to the boundaries, it is important
to review how these boundaries were established. The starting point was the
LAFCO adopted spheres of influence for cities and outside of city areas the
adopted sewer spheres of influence were utilized. Staff was directed to dis-
cuss these boundaries with the affected cities to receive informal guidance on
the proposed boundaries. Based on those discussions some minor modifications
were made to reflect situations which have occurred since the spheres of
influence were adopted by LAFCO. Based on these minor changes the Briones
Hill Committee finalized the boundary proposal which is the basis of this
proposal .
CITY OF LAFAYETTE
The City of Lafayette has verbally requested that two small areas be added
into the Briones Hills Agricultural Preservation Area. One consists of land
owned by the City of Lafayette as permanent open space; the second is owned by
the East Bay Regional Park District. The addition of these lands would make
the concept more consistent with the other publicly owned lands in the area.
Recommendation: Amend the Briones Hill Agricultural Preservation Area boundary
as suggested by the City of Lafayette.
CITY OF HERCULES
The Board received a letter from the Hercules City Council endorsing this
program. Their Council also requested a minor revision to provide for a more
logical boundary following the ATSF railroad right of way and Christie Road up
to the existing agricultural preserve. This area includes two privately owned
and developed lots covering approximately ten acres and an additional ten
acres of land owned by P.G.&E. which is used for utility purposes. Since this
land is not presently used for agricultural purposes, this change
appears appropriate.
Recommendation: Amend the Briones Hills Agricultural Preservation Area
Boundary as suggested by the City of Hercules.
REM a
-Board of- Supervisors
'August 4, 1987
Page-2
THE HALLISSY REQUEST
Members of the Hallissy family testified at the July 14, 1987 public hearing
that they wished to have their entire holding deleted from the Briones Hills
Agricultural Preservation Area Boundary. Subsequently, the Hallissy family
has reviewed their position and have modified their previous request to
suggest that a 15.864 acre parcel be deleted from the proposal . The reasons
for this request are outlined in their July 28, 1987 letter to the Board.
This approximately sixteen acre parcel is separated from the remainder of this
land holding by the ATSF railroad and is directly opposite the Franklin Canyon
Golf Course which has been approved for development by the City of Hercules.
A difficulty with modifying the Briones Hills Agricultural Preservation Area
boundary at this time is that this sixteen acre parcel is within an active
Willionson Act (agricultural preserve) contract; that contract limits the use
of this land to agricultural purposes for the next decade. The site is also
designed as Agricultural Preserve in the Rodeo Area General Plan which the
Board adopted in April of 1984.
It would appear appropriate that the Hallissy's consider a change in land use
on the sixteen acre site as part of the Countywide General revision program
rather than as an exception to the Briones Hills Agricultural Preservation
Area. Should the general plan be amended as part of that program the Hallissy
family could then request a change in this agreement as part of the LAFCO
sphere of influence review which is scheduled to occur-=after results of the
1990 census are available. The general approach which allows for this is
specified on page 2 of the draft resolution being considered by the Board.
It needs to be emphasized, however, that the revised position of Ms. Hallissy
reflects a boundary detail more than a major philosophical change.
Recommendation: Make no change to the boundary of the Briones Hills
Agricultural Preservation Area as requested by the Hallissy family
THE SPENSER TRUST PROPERTY
Two letters have been received dealing with the Spenser Trust property in
Crockett. Those letters raise questions on the concept behind the Briones
Hills Agricultural Preservation Area as well as requesting that this
approximately 270 acre be deleted from the boundary of this proposal .
It is important to note that this is the second request the County has
received to allow suburban development of this property to the south and east
of the community of Crockett. The first request was received in the early
nineteen eighties for a general plan amendment which would allow for
approximately 300 units on the site. At that time the County was undergoing a
review of the Crockett Area General Plan in concert with a citizens advisory
committee of local residents. The committee denied that general plan
amendment request. The County Planning Commission and Board of Supervisors
WOW W
,Board- of. Supervisors
August 4, 1987
Page.3
ultimately concurred in that recommendation and the site was maintained its
Open Space designation when the Crockett Area General Plan was adopted in
1984. Proposals to development of this site will probably be controversial
with the local community. It needs to be emphasized that one of the reasons
for considering adoption of the Briones Hills Agricultural Preservation Area
is that individual requests by property owners or developers repeatedly are
proposed and considered without relating those proposals to the entire Briones
Hills Area.
If this property owner wishes to pursue to a change in County land use policy
(The General Plan) for this area, they should request that such a change be
considered as part of the Countywide General Plan Revision effort. If the
General Plan is amended to allow for development, modification to the Briones
Hills Agricultural Preservation Area could be handled under the revision
process outlined in the draft resolution.
Recommendation: Do not change to the Briones Hills Agricultural Preservation
Area as requested.
JWC/df
jwc49;briones.mem
FACT SHEET ON THE
BRIONES HILLS AGRICULTURAL PRESERVATION AREA
There appears to be a misunderstanding in some peoples minds as to the nature
and purpose of this program. For that reason, it is necessary to underscore
certain basic facts.
The adoption of this program DOES NOT change the adopted General Plan on
anyones property.
- The adoption of this program DOES NOT change the zoning on anyones
property.
- Property owners will still have the right to apply for the subdivision of
lots according to the established general plan polices. In most cases that
allows the right to apply for 5 acre lots.
- It has no affect on the right of a property owner to build a home on legal-
ly created lots.
- The adoption of this plan DOES NOT change the sphere of influence of cities
or districts; they are adopted by the Local Agency Formation Commission of
Contra Costa County.
- There is a provision for modification of the agreement tied in with LAFCO
reviews of spheres of influence.
- The program DOES express the intent of participating agencies to maintain
the existing rural nature of the area.
JWC/df
factbrio.mem
MOM
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 4, 1987 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson 8 McPeak
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: A Joint Resolution of the ) RESOLUTION NO. 87/483
Cities of Martinez, Pleasant )
Hill , Lafayette, Orinda, )
Richmond, San Pablo, Pinole, )
Hercules and Contra Costa )
County establishing an )
agricultural preservation area)
in the Briones Hills. )
WHEREAS, the lands within the Briones Hills are generally planned for
agricultural or other open space uses by the County and the cities as defined
in Section 65560 of the Government Code; and
WHEREAS, the predominant use of land in this area is for agricultural and
grazing purposes, with secondary uses being for parks and watershed purposes;
and
WHEREAS, lands within the Briones Hills lying between the West County
cities and communities and the Central County cities are difficult to serve
with sewer, water, police and other urban services; and
WHEREAS, the lands within the area are generally designated as Open
Space, Agricultural Lands, Parks and Recreation, Watershed or other compatible
open space categories on the adopted County and city open space plans; and
WHEREAS, the lands are generally located outside of LAFCO adopted
municipal or urban service district spheres of influence; and
WHEREAS, the County and the affected cities, hereby declare that the
lands described below are worthy of retention in agricultural and other open
space uses for the overall best interests of the cities, the County and the
State; and
NOW THEREFORE BE IT RESOLVED by the Contra Costa County Board of
Supervisors and the City Councils of Martinez, Pleasant Hill , Lafayette,
Orinda, Richmond, Pinole, and Hercules hereby all agree to a policy of
non-annexation to urban service districts and cities for agricultural and open
space properties which would lead to urban development between these cities
bounded generally as described below and as shown on Exhibit A of this resolu-
tion:
- on the east and south by the Martinez, Pleasant Hill , Lafayette
and Orinda City Spheres of Influence
- on the west by the Richmond, Pinole and Hercules City Spheres of
Influence
- on the west and north from Rodeo to Martinez by the LAFCO adopted
sewer sphere of influence boundary and- the Solano/Contra Costa County
line.
y
RESOLUTION 87/483
BE IT FURTHER RESOLVED that the Board of Supervisors and the aforemen-
tioned City Councils request the Local Agency Formation Commission of Contra
Costa County to honor this agricultural preservation agreement for this area
and to continue to act in a manner consistent with the preservation of the
aforementioned lands for agricultural and other open space purposes; and
BE IT FURTHER RESOLVED that this agreement will be reviewed by the
paricipating agencies after results of the decennial Federal Census are avail-
able; any proposed changes shall be considered in concert with the LAFCO
review of sphere of influence for cities and agencies;and
BE IT FURTHER RESOLVED that should incorporated lands within the Briones
Hills area become detached from -the signatory cities and become unincorporated
land, that area shall be included within this agricultural preservation area
established by this resolution without further action by the parties hereto,-- -
and
ereto; -
and
BE IT FURTHER RESOLVED that this resolution is not intended to affect the
property rights of land owners under the existing General Plan and zoning
(including the right to apply for 5 acre parcels)
I ppeeby certify that this Is a true and correctcopy of
an action taken and entered on the minutes of the
Board of Supe sora on the date shown.
ATTESTED: OU dAzb ' 1 I T 1
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
J
By , Deputy
CC: Community Development
County Counsel
County Administrator
LAFCO
All Cities
` EXHIBITI A
{,,'_ ."' * ' _ /Y,S'� - ' f_yl t • "� G ' • twit^ •• i 1 J
jLn
• - • �!y r• �..
` -
m
z
il• .. 1 O
pa
f
?Vag +rri�, !? :�- �, . .: -- .1•.
1 g i 1 • f, it ap ,yR � �� i µ Srl• • � ' N • 1 Y •V'
;TF +�• � l � 6 / » �� •` � • � S • 3 x+a1'�`' sl t � 'a ti� t� r ' �/ f••11 _
( -' 77 }, , � .. � �V �� ,� �i r e �"`�w•� � l� x �`�-_._x � 7 ,c..• � its�w , g O
_� �� i� � jr .f•,•r rl �,��.�� >i� r,:T,. , E ��•�� ° ��1f � t'.X Y� 1+ ' .� �"gs`' . x''i•� 9 � -.
�, • '.V•• v"�EgY .�s�y/ �5 y� r, -"� { i P � Aw ��j �., �
';p , y., ' � G �'A L t `/'X A.. �.. y 1 ♦ ,�, tl'� \'3f ' yp ` �Av 'J; r,
y z � Y# YaS • u�" k•1 {�i� � 1
� ♦ 1 / ♦ e3'w E' I Y 6b i '...s a.&✓ryf t %'q y .1 i ". .l' -� 1
.� t . a� ��r' , yy� 5 �;+: €•••M•a. t f' t "{ " fhspy, .y 1 6 a�' {
.Z
' � � as+ e^=D "�-5,€ • '�4+ �>�i s % 3 n � a'�' Sim �,?� w�� �} w -'�
�'\, t� �`._ � � 4x i ax � n�j s YW'f��./�z ' ��y�rlR1 '"r,d. ¢I�� i .' � t Ir �� - •�.�
1�` i• rav si . �' '�!w.1 , - +�- s ixu s "'�i, s'}fi§ rr , , J
1 ()la ��� `� � I., 4�5 1 -•e a`'�"J+.?" r..l �, �`( 3Y " ,�, s� y3 L.I3 _3 • ' . 'Z,��; 11''«
f �l •`, ''✓,a*�� ,.y/ �"'�`rr h k' � 32'',-�'� tom. ,24w3`t.:_. , ,�•r s i � wg",�• v
�Et�i Ir ✓ M •_ :i 'ec
� `• ., � 1 ' C`� is . � � •+ate { a "� s�
' F r�.t i.,t • ,.�. Mayr ��' � �a� "�xf 4ic � �'e ✓. s, ar r � b�.l
• I rl a �. 1 E, ,� �� � h
' 3r�tl.'�l' .• p .� r '' '' ax a �� •i, a •z � 1 i s
;I I� ••-) ••W i CZ t. � 1 � c-: TY.s��� ,� I• a, '� .t�t ,�if� t.a r � •......:..��.. a�".�ni•�r�, �.�., "_ / � �l" i
1�J (J !!!� fl j ,"�,",�ii• � I 1 ♦ a r / V- •dr t,°m,�a-1y sir �.
1 '- � �'1 n����V�i\ &<��jiff jf�: :'s'!` `�s �+� 3i.�:� �a`�J� � �� . .�^��i 'tip \ �� '� '�" �—.i 1.1 1 '•
(• f / y '• , ' '�'' w"•'• • �k-t -' r e s kau 1 �s w ,ai I
L ;Af
.r'� � r�t^' 1 •�j +• +�, ��'` , i i,�; .i 3xa�* r f.L n� '. fit_ � 11
-1 j v �6z, +zr t. �j �•''�kl� •'f 1aSS` ,C• �' [;"fy r
og,
it s r
.� • � r
{...NITLn
•. � -x r r `�TMyrl 'T"r'S�r•'�-_ \ i..\ g ty . • .\t � 1�� \ � �7 �7
Ln
u.
Irl D
y �' � 1 91.{ •i�• ,Ire •,,•�.. m �
rri
+, s
1• �F-i ! .1.1 \t '�v� n �SCr.. ,:1 �'� 1" 1 1 J � ' yy�:S':