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HomeMy WebLinkAboutMINUTES - 09142004 - C40-C44 ................................................................................................................................................................................................................................................. _ ....... ............. .......... . _........ ._.._.... ...._.._....._....__. .........._.. ....._... _....._... .._....... ......... ......... I: TO: BOARD OF SUPERVISORS FROM: SUPERVISOR GAYE B. UILKEMA }` Contra -. Costa DATE: August 16,2004 County SUBJECT: APPOINTMENT TO THE COUNTY SERVICE AREA R-10 G. &A CITIZENS ADVISORY COMMITTEE �+' '" SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPOINT the following person to the Appointee 3 Seat of the County Service Area R-10 Citizens Advisory Committee fora two-year term with an expiration date of June 30,2006: Ms. Kelly T.Jackson P.O. Box 332 Rodeo, CA 94572 BACKGROUND: CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION Of BOARD COMMITTEE APPROVE OTHER SIGNATURE: GAYLE B.UILKEMA .' ACTION Of BOARD ON Septem 14,2004 APPROVED AS RECOMMENDED _� OTHER VOTE OF SUPERVISORS O I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS {ABSENT 1� C- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN. OF SUPERVISORS ON THE DATE SHOWN. tr `, r ATTESTEDk 'l' s CL { John Sweeten,Clerk df the Board of Supervisors and County Administrator 4 BY DEPUTY Contact Person: CC: County Administrator Supervisor District 2 Committee Appointees TO: BOARD OF SUPERVISORS FROM: SUPERVISOR GAYLE B. UILKEMA f :: Contra DATE: August 9,2004 Costa County SUBJECT: RESIGNATION/APPOINTMENT TO THE COUNTWIDE YOUTH COMMISSION SPECIFIC REQUEST(S)OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION (mss RECOMMENDATION: ACCEPT the resignation of the following person from the At-Large 4 Seat of the Countywide Youth Commission effective August 31, 2004: Ms. Rebecca Schwartz 1242 Quandt Road Lafayette,CA 94549 DECLARE a vacancy on the Countywide Youth Commission and direct the Clerk of the Board to apply the Board's policy for filling the vacancy. APPOINT the following person to the District 11-C Seat of the Countywide Youth Commission,for a term with an expiration date of August 31,2005: Ms. Rebecca Schwartz 1242 Quandt Road Lafayette,CA 94549 BACKGROUND: Ms. Schwartz is fulfilling the unexpired term vacated by a graduating senior. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE: GAYLE B.UILKEMA ACTION OF BOARD ON Seutember 14.25104 APPROVED AS RECOMMENDED ! OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT 224 r ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT ABSTAIN: OF SUPERVISORS QN THE DATE SHOWN. E" ATTESTED � .��I�,�,�.,'t_.,✓ John Sweeten,Clerk o the Board of Supervisors and County Administrator Contact Person: DEPUTY CC: County Administrator Supervisor District 2 Commission Appointee TO: BOARD OF SUPERVISORS '"' `'� Contra FROM: Supervisor John Gioia Costa DATE: September 14, 2004 County doy SUBJECT: Countywide Youth Commission Ccoo SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ACCEPT the resignation of Meena Nair, who has been serving as the District 1A youth commissioner for a term ending August 31, 2004. DECLARE the District 1A Youth seat open. BACKGROUND: Ms. Nair has graduated from high school and will be unable to fulfill her duties as a member of the Countywide Youth Commission. CONTINUED ON ATTACHMENT: YES SIGNATURE: ------------------------------_----------_------—------—----------------------—-----------------------_-_----------__---------- - --------------------- RECOMMENDATION OF COUN'T'Y ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE{S): --- ---------- --------t� ---- ----- ------ - - ---------------------------------- ACTION OF BOARD ON i7 a Z'v - �~ PROVE AS RECOMMENDED OTHER _ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS{ABSENT F^t,(iy�F ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED CONTACT: JOHN SWEETEN,CLERK OF T BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: BY / . 1 DEPUTY CONTRA COUNTYWIDE YOUTH COMMISSION � a COSTA COUNTY c�>co=m C411N'FY W FDE YOUTH COMMt551ON Sine 1995 July 1, 2004 As a graduating;senior from high school, l will be unable to lullill my duties as a member of the Countywide Youth Commission. I would like to submit my resignation from the Countywide Youth Commission effective on Augi st 31, 2004, Meena Nair Districtl Commissioner Bridging the Gap Since 1495 75 Santa Barbara Road, Second Floor • Pleasant Hill, California • 94523 www.youthtcoommissionnet TOTAL P.02 TO: BOARD OF SUPERVISORS Contra FROM: Federal Glover,Supervisor District V Costa Jane''Pennington,Chief Clerk County DATE: September 14,2004 SUBJECT: Election of Trustees to the Newly Formed Reclamation District No.2937 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPOINT, in lieu of election, James Eckman, Torn Hall, and Brent Gilbert, to the positions of trustees on the newly-formed Reclamation District 2137,as petitioned by all eligible voting landowners. BACKGROUND: In July 2003, LAFCO approved a petition for the formation of a reclamation district in the City of Oakley. In order for the newly-formed Reclamation District No. 2137 to organize and function as a public entity, trustees need to be elected. The election of trustees to RD 2137 requires Board of Supervisors approval. FISCAL IMPACT: None. CONTINUED ON KIIACHMENT• SIGNATI]RE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE X %. APPROVEOTHER SIGNATj1 ia � APPROVED AS RECOMMENDED OTHER ' ACTION OF BOARD ON �..����' � �. , .�,��y _.�., TO: BOARD OF SUPERVISORS Contra FROM: Federal Glover,Supervisor District V Costa Jane Pennington,Chief Clerk CC?Unty DATE: September 14,2004 QO i4� r SUBJECT: Election of Trustees to the Newly Formed Reclamation District Na.2137 �,7 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPOINT, in lieu of election, James Eckman, Tom Hall, and Brent Gilbert, to the positions of trustees on the newly-formed Reclamation District 2137,as petitioned by all eligible voting landowners. BACKGROUND: In July 2003, LAFCO approved a petition for the formation of a reclamation district in the City of Oakley. In order for the newly-formed Reclamation District No. 2137 to organize and function as a public entity, trustees need to be elected. The election of trustees to RD 2137 requires Board of Supervisors approval. FISCAL IMPACT: None. CONTINUED ON ATTACHMENT- SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _ APPROVE _OTHER .I NAT i_ ( ) ,> 4- ACTION OF BOARD ON} �3_,# t APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT-12 �•� AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: Ward Tarot,Dept.of Wafer Resources ATTESTED PO Box 942836,Sacramento,CA 94236-0001 JOHN SWEETEN,tLERK OF THE BOAR15 OF LAFCO Executive Officer SL)PERVIS,RSANt3 LINTY ADMINISTRATOR BY , DEPUTY STATE OF CALIFORNIA—THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER,Governor DEPARTMENT Of WATER RESOURCES 1416 NINTH STREET,P.O.BOX 942836 :`'; . SACRAMENTO,CA 94236-0001 (916)653-5791 RECEIVED AUG 0 5 RECT .lune 23, 2004 CLERK BOARD Or SUN:R%'i::"TI I CONTRA COSTA CO. Ms. Jane Pennington ChiefDeputy Clerk Office of the Clerk of the Board 651 Pine Street, Room 106 Martinez, California 94553 Re: Approval of Trustees for Reclamation District No. 2137 Dear Ms. Pennington: Summary Newly formed Reclamation District 2137 in eastern Contra Costa County requires Board of Supervisors (Board) approval to elect trustees for this reclamation district (RD 2137). All the current landowners wish the Board to approve the nominated RD trustees. This letter is intended to facilitate the process of obtaining such Board approval so the RD can begin to function as a public entity. The Board plays an integral role in the process of electing RD 2137 trustees. The Department of Water Resources (DWR) together with the other two landowners within RD 2137 will shortly be petitioning the Board to approve the nominated trustees. Attached is a copy of a signed petition to the Board from the current three landowners (DWR, Emerson & Gilbert.) stating that they are the ONLY landowners affected by the new reclamation district and that they agree to elect James Eckman, Tom Hall and gent Gilbert tobetrustees or, in the alternative, have a election pursuant to Water Code section 50600. ....................................-.....I...... ............................... ......................... ................ Ms. Jane Pennington June 23, 2004 Page Two Back ciround In 200, all the initial landowners proposed the formation of RD 2137 within their property boundaries. The Local Agency Formation Commission (LAFCO) of the County of Contra Costa subsequently approved a petition from these landowners for formation of a reclamation district in July 2003. Please find a copy of the 'Certificate of Completion' attached to this letter, which describes the approval and formation process of this RD 2137. This RD 2137 was formed to provide reclamation district services, which include flood control and drainage, as well as associated levee maintenance and repair. RD 2137s main purpose is the maintenance of the existing levees surrounding the district property. The current landowners within RD 2137 are: the Department of Water Resources, Emersons and Gilberts. RD 2137 is located in the City of Oakley, and is bordered by Marsh Creek, Dutch Slough, Contra Costa Water District Canal, and Little Dutch Slough. RD 2137 is adjacent to RD 799. Present Status In order for a newly-formed reclamation district to organize and function as a public entity, bylaws need to be adopted and trustees need to be elected (Water Code sections 50370-50374). This is the present status of RD 2137. Trustees Landowner voting determines who should be the trustees (see attached 'District Summary Profile', that was submitted to LAFCO). All the reclamation district landowners (DWR, Emerson & Gilbert) are in unanimous agreement to elect the following three trustees for RD No. 2137: James Eckman, Tom Hall and Brent Gilbert. Sections 50374 and 50600 of the Water Code govern election of trustees. Please find attached a petition signed by all the landowners, showing agreement and intent that the aforementioned three persons be the designated trustees. ..............................................................- Ms. Jane Pennington June 23, 2004 Page Three The proposed trustees are all qualified to be trustees, being landowners or representatives of landowners. Board role All threelandowners in RD 2137 have nominated these three trustees, and desire the Board to approve these nominations. The landowners are NOT making an application to the Board to call an election for the first board of trustees (Water Code section 50600). An election would be unnecessary and an inefficient use of time and resources because the only people entitled to vote are the landowners within the reclamation district (Water Code section 50704(c)); the very same landowners who are now making this petition for approval of the three named trustees, and hence the very same trustees would be elected. A board of trustees shall be elected for a RD (Water Code section 50374); the Board by approving the petition are approving the trustees agreed to by all the eligible voters through a just procedure, resulting in electing the board of trustees in accordance to the law. Water Code allows appointments in lieu of an election. The Board may appoint those nominated for positions of trustee without holding an election (Water Code 50740-50741). Hence there is authority for allowing the Board to fill appointments without the need for a formal election. Conclusion The Board has authority to approve the nominated RD trustees without having an election. We believe that a consent motion, without a formal hearing, can accomplish Board approval of the RD trustees. This matter has not yet been placed on the Board Agenda. When this matter is placed on the Agenda it could be listed under CONSENT ITEM'S and considered routine by the Board. No separate discussion of this item would be anticipated. ............. ...................... .........................................I.............. Ms. Jane Pennington June 23, 2004 Page Four We hope the process goes smoothly and seek to work cooperatively with you. Please let us know if you approve of our proposal, or whether the Board will require an election of the trustees. If you should have any questions, please feel free to call Devinder Sandhu (916)653-4429) or me (916) 653-4829. Brent Gilbert may be reached at (925) 634-5674. Stan Emerson can be reached via his agent Mark Burrell at (661) 327-8346. Sincerely 4a r abor Assistant Chief Counsel Date Executed: 7�zz ' 2004 Date Executed: 7/Zz. 2004 T— EMERS R RT INC. By y A&Ak 9RENT GILVRT, Trustee of the A Mark E. Gilbert Administrative Trust President Date Executed: -7 Z 2004 STATE OF CALIFORNIA, Department of Water Resources By R. PATTERSON, Acting Chief for Division of Engineering cc County Counsel, Silvano B. Marchesi 651 Pine Steet, 9th Floor Martinez, CaIifornia 94553 Curt Schmutte Tom Hall James Eckman Department of Water Resources CONTRA COSTA COUNTY LOCAL AGENCY FORMAMON COMMtsS 4K t 651 Pine Street,Eighth Floor•Idartinex,CA 94553-1, (925)646-4090 o FAX(925)646-2240 CC7MMtaSlt"3NZrRS ALTERNATE COMMISSIONERS , Helen Allen EXECUTIVE OFFICER David Kurrcnt Richard Bartkt City Member Public Member Public Member AWAMARU PERI2ELLA Federal Glover Dwight Meadows Millie Greenberg Supervisor Meter Special District Member ,Supervisor Member Yl.. David Jameson Rob Schrader George It Schmidt Special District Member City Member Special District Member x« Gayle B.tAlkema Dan Tatsin .; Supervesot Member City Member CERTIFICATE OF COMPLETION Pursuant to Government Cade Sections 5720.0 and 57201, this Certificate of Completion is issued by the Executive Officer of the Local Agency Formation Commission (LAFCO) of the County of Centra Costa, State of California. 1. The short-form designation, as determined by LAFCO, is: Formation of Reclamation District No. 2137 (LAFC 03-10) 2. The name of each district or city involved in this change of organization or reorganization and the kind or type of change ordered for each city or district are: City or District Type of Organizational Change Reclamation District No, 2137 Formation 3. The above-listed District is located within Contra Costa County. 4. The boundaries of the above-cited change of organization or reorganization are described and depicted in the attached Exhibits marked Exhibits A& l5 and by reference incorporated herein. 5. The territory involved in this change of organization or reorganization is uninhabited. 6. This change of organization or reorganization has been approved subject to the terms and conditions outlined in the enclosed LAFCO Resolution No. 03-10 incorporated herein by this reference. .................. ......................................................................................................................................................... ............ Certificate of Completion 2 LAFC 03-10 7. All affected local agencies that will gain or lose territory as a result of the annexation have consented in-writing to a waiver of protest proceedings, and the Commission has provided written notice of Commission proceedings, and no opposition from registered voters or landowners was received prior to or during the Commission meeting; Thus, further protest proceedings were waived, and the Commission ordered the annexation pursuant to Govemment Code Section 56663(c). I hereby certify that terms and conditions, the map, and legal description are in compliance, with LAFCO Resolution No. 03-10 adopted on July 9, 2003. Annamada Perrella, Executive Officer Date Local Agency Formation Commission County of Contra Costa, State of California cc: State Departme nt of Finance Paul Ableson; Auditor-Controller's Office Larry Black; Assessor's Office George McKeever-, Elections Department Lamuel Hunt; Public Works Sue Warden; Community Development Al Warren Hoslett; Attomey-at-Law Tom Hall; Department of Water Resources John Elliff; State Department of Forestry Sandra Summers, compass Maps Thomas Bros. Maps Rand McNally RESOLUTION NO. 03-10 RESOLUTION OF THE LOCAL. AGENCY FORMATION COMMISSION OF THE COUNTY OF CONTRA COSTA MAKING DETERMINATIONS AND ORDERING THE FORMATION OF RECLAMATION DISTRICT NO. . RESOLVED, by the Local Agency Formation Commission of the County of Contra Costa, State of California, that: WHEREAS, a petition of application was filed with the Executive Officer of this Commission pursuant to Title 5, Division 3, commencing with Section 56000 of the Government Code, requesting the formation of Reclamation District No. .113 F and the establishment of a sphere of influence (SOI) boundary for said district; and WHEREAS, the Executive Officer reviewed the proposal and prepared a report and recommendation thereon; the proposal and report having been presented to, and considered by, this Commission; and WHEREAS, this Commission called for and held a public hearing on the proposed formation/SOI boundary on July 9, 2003. At the hearing, the Commission heard and received all oral and written protests and evidence which were made, presented or filed, and all persons present were given an opportunity to hear and be heard with respect to this proposal and the Report and Recommendation of the Executive Officer. NOW, THEREFORE, the Local Agency Formation Commission of the County of Contra Costa DOES HEREBY RESOLVE, DETERMINE, ORDER and FIND as follows. 1. the proposed formation is categorically exempt from the provisions of the California Environmental Quality Act; 2. the proposed formation is consistent with the procedures and policies approved by the Commission 3. the proposed district's boundary and its SOI will be coterminous and there is no inconsistency with the Sal of any other agency; Resolution No. 03-10 y' 4 the factors as set forth in Section 56688 of the Government Cade have been reviewed and considered by the Commission; 5. the proposed formation/SOI is approved and consists of+/- 791.57 acres as shown on the proposal map and description; 6. the proposed formation is in compliance with Section 56885.5 of the Government Code in that there is no existing agency that can feasibly provide the needed service; 7. there are no property tax revenues that are subject to the property tax exchange provisions of the Cortese-Knox-Hertzberg Act of 2000; 8. the regular County assessment roll will not be udized, 9. the proposed formation has 100% consent (verified by the Assessor's Office) and is legally uninhabited (verified by the Registrar of Voters Office); 10. the Statements of Determination required pursuant to Sections 56425 of the Government Code is adopted; 11. the proposal is assigned the following short-term designation: Formation of Reclamation District Nol3fLAFC 03-10�; 12. Pursuant to Section 56663(c)of the Government Code, further proceedings are waived, and the Commission orders the formation subject to the requirements of Chapter 8 of this Division; 13. The Executive Officer is hereby authorized and directed to mail certified copies of this Resolution as provided-in Section 56882 of the Government Code. PASSED AND ADOPTED this 9�' day of July 2003 by the following vote: AYES: Glover, Jameson, Kurrent, Meadows, Schroder, Ullkema, Greenberg NOES: None ,a wr d6:Y Resolution No. 03-10 3 I hereby certify that this is a correct copy of a resolution passed and adopted by this Commission on the date aforesaid. Date Annamarla Perrella L.APCO Executive Officer Distribution: At Warren Hoslett,Attomey-at L.aw Robert Gromm; RD 799 Dike Oliver, City of Oakley Mike Yeraka; Diablo Water District David Bauer; Ironhouse Sanitary District Mark Seedall; Contra Costa Water District Contra Costa Resource Conservation District Contra Costa Flood Control Department Diane Jones; State Lands Commission Gilbert C. Berkeley; !Morgan,'Chillier & Blair Tom Hall; Department of Water Resources Brent Gilbert Emerson Dairy, Inc. ............ ................................................................ ................................................................................................... ...... ............................................... =y a , 2003 JOB NO . : 878-00 LEGAL I)ESCRIPTION PROPOSED ?024&TJON OF RECLAbIA21`10N DISTRICT NO. /3 '7 OAy,LEy, CALIFORNIA REAL PROPERTY, SITUATE IN THE INCORPORATED TERRITORY OF THE C= OF ORKNEY, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF SECTION 19, SECTION 20, SECTION 29, AND SECTION 3-0, TOWNSHIP 2 NORTH, RANGE 3 EAST, MOUNT. DIABLO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNINGAT THE SECTION CORNER COMMON TO SAID SECTION 19, SECTION 20, SECTION 29 AND SECTION 30, T. 2bT. , R.3E. , (CALIFORNIA COORDINATE VALUES. - NORTH 2, 187,978. 76, EAST 6,222, 708.33, NAD 83) THENCE, FROM. SAID POINT OF BEGINNING, ALONG THE SOUTHERN LINE OF SAID SECTION 19, NORTH 89*37' 20- WEST 25.91 FEET TO A POINT ON THE WESTERN LINE OF SELLERS `AVENUE; 2) THENCE, ALONG SAID WESTERN LINE, SOUTH 00"58, 59- WEST 49.32 FEET TO A POINT ON THE NORTHERN LINE OF THAT CERTAIN PARCEL OF LAM DESCRIBED IN THE FINAL J=GEMENT 111 FAVOR OF THE UN'TEID STATES OF AMERICA, BY DEED RECORDED MARCH 20, 1943, IN BOOK 718 OF OFFICIAL RECORDS AT PAGE 260 , IN THE OFFICE OF THE co=y RECOFZER OF CONTRA COSTA COUNTY; THENCE, ALONG SAID NORTHERN LINE, THE FOLLOWING SEVEN (7) COURSES: 3) NORTH 890161 01" WEST 1, 131 -BS FEET, 4) NORTH 00*43' 59- EAST 40 . 00 FEET, 5) NORTH 890'6101" WEST 646 . 84 FEET, I 6) ALONG THE ARC OF A TANGENT 240 . 00 FOOT RADIUS CURVE, CONCAVE To THE NORTH, THROUGH A CENTRAL ANGLE OF 21°20' 00", AN ARC DISTANCE OF 89 .36 FEET, 7) NORTH 67"56' 01- WEST 607 . 00 FEET, B) ALONG THE ARC OF A TANGENT 560.00 'FOOT RADIUS CURVE, CONCAVE TO THE SOUTH, THROUGH A CENTRAL ANGLE OF 21015' 00", AN ARC DISTANCE OF 207 - 69 FEET, AND PROFILM JNVWN\TVWOR=y Zffr== FILE51CDI--r=rr-TE5\K'YFWX6K\L'G-018'DOC ............. ........... ........................... ............................. T,EGAL DESCRIPTION JULY 8, 2003 PAGE 2 OF 5 JOS 170. : 876-00 9) NORTH 8 9°11'01'" WEST 2, 356 .55 FEET TO A POINT ON THE EASTERN LINE OF THAT CERTAIN PARCEL OF LAND GRANTED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER. CONSERVATION DISTRICT, BY DEED RECORDED OCTOBER 7, 1968, IN BOCK 5724 OF OFFICIAL RECORDS AT PAGE 106, IN SAID OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY; THENCE, ALONG SAID EASTERN LINE:, THE FOLLOWING TEN (10) COURSES, 10) NORTH 37"08' 16" EAST-2 . 75 FEET, 11) NORTH 52°51'44" WEST 3 . 00 FEET, 12) ALONG THE ARC OF A NON-TANGENT 1,069.00 FOOT RADIUS IU'S CURVE, CONCAVE TO THE NORTHWEST, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 52°51' 44" WEST, THROUGH A CENTRAL ANGLE OF 14°.15116", AN ARC DISTANCE OF 265 . 95 FEET, 13) NORTH 22°53'00" EAST 2 , 247. 98 FEET, .14) SOUTH 67407'00" EAST 9.00 FEET, IS) ALONG THE ARC OF A NON-TANGENT 1,5 7 8.0 0 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 67°07' 00" WEST, THROUGH A CENTRAL ANGLE OF 19°02'12", AN ARC DISTANCE OF 524. 29 FEET, 16) NORTH 03'50' 48" EAST 209 . 76 FEET, 17) ALONG THE ARC OF A TANGENT 1,922.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST, THROUGH A CENTRAL ANGLE OF 04*29' 39", 'AN ARC DISTANCE OF 150 .76 FEET, 18) -NORTH 08020'27" EAST 157 . 69 FEET, AND 19Y SOUTH 81"3'933" EAST 7. 00 FEET TO THE' SOUTHERN CORNER OF THAT CERTAIN PARCEL OF LAND DESIGNATED AS "THE LEVEE LANDS" QUITCLAIMED TO IRONHOUSE SANITARY DISTRICT BY DEED RECORDED , 20 , IN SERIES NO. , IN SAID OFFICE OF THE COUNTY RECOP-DEROF CONTRA COSTA COSY; THENCE, FROM SAID SOUTHERN CORNER, ALONG .THE EASTERN ANIS SOUTHERN LINES OF SAID PARCEL OF LAND DESIGNATED' AS ""THE LEVEE LANDS" (SERIES No. ) , THE FOLLOWING TWENTY-ONE (21) COURSES: 20) NORTH 1304527" EAST 200 . 92 FEET, 21) NORTH 08023' 03" EAST 335 . 14 FEET, C:\WiNN7\PftOFILESIJNONH\TONf0�L0.RY ZNlEE.PIE"t FILLS\COHT$N7.'.ZE5I LSYFFiX6N\LG»C19.00C ..................................................... ................................................................. LEGAL DESCRIPTION =lY 8, 2003 PAGE 3 OF 5 JOB NO. : 878-0© 22) ALONG THE ARC OF A TANGENT 343 .45 FOOT RADIUS CURVE, CONCAVE TO THE WEST, THROUGH A CENTRAL ANGLE OF 15°33' 58", AN ARC DISTANCE OF 99.30 FEET, 23) NORTH 08*10,153" WEST 191.45 FEET, 24) ALONG THE ARC OF ,A TANGENT 304-17 FOOT RADIUS CURVE, CONCAVE TO THE EAST, THROUGH A CENTRAL ANGLE OF 36°23` 53", AN ARC DISTANCE OF 193.23 FEET, 25) NORTH 28012' 58" EAST 280-82 FEET, 26) NORTH 23*18' 04" EAST 172.85 FEET, 27) NORTH 20*25" 28- EAST 260 .67 FEET, 28) NORTH 18*18102- EAST 365 .39 FEET, 29) ALONG THE ARC 0.F A TANGENT 12 7.8 3 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST, THROUGH A CENTRAL ANGLE OF 73*14' 07", AN ARC, DISTANCE OF 163 .39 FEET, 30) SOUTH 88-2751- EAST 116 -09 FEET, 31) SOUTH 76055' 29" EAST 62 .58 FEET, 32) SOUTH 69'41' 17- EMT 194 .87 FEET, 33) ALONG THE ARC OF A TANGENT 575.36 FOOT RADIUS CURVE, CONCAVE TO THE NORTH, THROUGH A CENTRAL ANGLE OF 29*13' 27-, AN ARC DISTANCE OF 293.47 FEET, 34) NORTH 81*05' 16" EAST 177.25 FEET, 35) ALONG THE ARC OF A TANGENT 333,27 FOOT RADIUS CURVE, CONCAVE TO THE SOUTH, THROUGH A CENTRAL ANGLE OF 23043' 26-, AN ARC DISTANCE OF 137.99 FEET, 36) SOUTH 75011' 09" FAST 98 .88 FEET, 37) SOUTH 79"15131" EAST 142 .93 FEET., 38) SOUTH 80°53' a9" EAST 72 .35 FEET, 39) NORTH 57"51' 51" EAST 70 .0*7 FEET, AND c,\wjjampwrrL=N-vm\TmpaaAzy rRTUX= 'DOC ........... ..................................................... .................. k - LEGAI. DESCRIPTION JULY 8 , 2003 PAGE 4 OF 5 JOB NO. - 8 7 8-00 4 0) NORTH 0 8°4 7' 4 5" EAST 105 . 00 FEET TO A POINT ON THE NORTHEASTERN LINE OF THAT CERTAIN PARCEL OF- LAND GRANTED TO EMERSON DAIRY, INC. , BY DEED RECORDED MARCH 29, 2002 , IN SERIES NO. 2002-0111.023 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY; THENCE, ALONG SAID NORTHEASTERN LINE, THE FOLLOWING TWO (2) COURSES : 41) SOUTH 54x29' 2.4" EAST 908 .71 FEET, AND 42) SOUTH 65°02' 01" EAST 548.30 FEET TO THE NORTHWESTERN CORNER OF PARCEL B, AS SAID PARCEL B IS SHOWN AND SO DESIGNATED ON THAT CERTAIN PARCEL MAP RECORDED DECEMBER 12, 1985, IN BOOK 120 OF PARCEL MAPS AT PAGE 16, IN SAID OFFICE OF THE COUNTY' RECORDER. OF c6sTRA COSTA COUNTY; THENCE, FROM SAID NORTHWESTERN CORNER, ALONG THE NORTHERN, EASTERN; AND SOUTHERN LINES OF SAID PARCEL. B, THE FOLLOWING TWENTY (20) COURSES: 43) SOUTH 64°32' 07" EAST 270.54 FEET, 44) SOUTH 70°13' 58" EAST 340.04 FEET,. 45) NORTH 64°57' 05" EAST 980 .19 FEET, 46) NORTH 820`56' 00" EAST 243 .85 FEET, 47) SOUTH 46°14' 43" EAST 1,301.38- FEET, 48) SOUTH 69°04' 32" EAST 560 .77 FEET, 49) SOUTH 00"3956" WEST 4,111..70 FEET, 50) NORTH 89°17' 12" WEST 1.5 .64 FEET, 51) SOUTH 01°44' 52" WEST 283 .66 FEET, 52) SOUTH 15°01' 51" WEST 149.64 FEET, 53) SOUTH 13°56' 14" EAST 66 .02 FEET, 54) SOUTH 16°35' 15" EAST 51.20 FEET, 55) SOUTH 31°48' 24" EAST 189 .06 FEET, 56) SOUTH 23°30100" EAST 90 .42 FEET, C!\WIWWF\PXOFYL@S\JRMY\TBMVORARY rrrt #ET FYLrl\CDNTDM.YE5\=YMX69\W-014.DOC ........................................................- ..............-..................................... .............................................................................................. ...... DESCRIPTION JMY .8 , 2003 LEGAL DES I PAGE 5 OF 5 JOB NO. : 678-00 57) SOUTH 01*12136' WEST 89-01 FEETt 58) NORTH 62*13' 01" WEST 1,737.54 FEET, sq) SOUTH 27*4.6' 59" WEST 10.00 FEET, 60) ALONG THE ARC OF A TANGENT *720 .00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHWEST, THROUGH A CENTRAL ANGLE OF 27"03100", AN ARC DISTANCE OF 339 . 92 FEET, 61) NORTH 89*16'01- WEST 733 .30 FEET, AND 62) NORTH 01*02' 17" EAST 49 .49 FEET TO A POINT ON THE NORTHERN LINE OF SAID SECTION 29; 63) THENCE, ALONG SAID NORTHERN LINE, NORTH 8901711211 WEST 25 .00 FEET TO SAID POINT OF BEGINNING. CONTAINING 786.34 ACRES OF LAND, MORE OR LESS. mM or DESCRIPTION CHRISTOPHER S. HARMISON, P-L L.S. NO. 7176 EXPIRES: DECEMBER 31, 2003 ----------------- ................................... .................. ................ !. ..�• ( lrrw tit'�tl a � 42 yYj y y CNColt,11 r- SUBRClt1ais APN 03P-{181 #� yy�� RN Gu Aft Aft 032-081-011 aaZ .PARCEL ONE PAM TWO BURROUQG t i 3 ARE_ 47ZIS AC* ARE, = 31!1.31 AC* BURROLRM APN: osz-est—�:a PC1R71t??f OF PARCM APR 1-oto' (120 PM 16) 44 y 171B Oh' 2BOJ BURROUGHS APN: � 0 -0t5 rARM A °fir 11211•P1M 161 ' `" C°YP RE= ROAD PLAT TO ACCOMPANY LEGAL DESCRIPTION., GILBERT AND EMERSON, PARCELS NORTH OF CONTRA COSTA WATER DISTRIC` CITY OF OAKLEY, CONTRA COSTA COUNTY„ CALIFORNIA DATE. FEBRUARY 2003 Carlson, Barbee, & Gibsm, Inc- CIML. ENGINEERS • SURVEYORS - PLANNERS 2003 CAMINO RAMON, SUETS 100 SAN RAMON, CALIFORNIA 94583 NONE (925) 866—•0322 FAX: (925) 866-8575 Apr-29—;x044 01:28pm From- '-L09 r uw&i""` ` ""' ~• toe 504 I.. = 311 Ewdb&ft�� Studw ,C 943..5533. Tpb�{ ') (�09)94=51 prt CamsCO�te WVW C� )and VICS ta+rud ' pop i=XWO 35OMADWE 14CM LwdtTw RWO wd Dal*BusWIng o f Act'i aW Code 5D,000 rat std voting ucying four(4) ' Ate' Tatar pdvmy 3 ' Recalvsd 04-23-04 02:28pm from To-DVtlRLEGAL Pate 002 PETITION FOR.APPROVAL, OF TRUSTEES FOR RECLAMATION DISTRICT NO.2137 The undersigned hereby petition the Contra Costa County Board of Supervisors(Board) for approval''of nominated trustees for newly formed Reclamation District 2137 (RD 213 7)and stipulate as follows: 1) This petition is made pursuant to Part 3,Division 15 of the California Water Code, commencing with Section 50000. 2) RD 2137 was formed in July 2003 to provide reclamation district services, which include flood control and drainage, as well as associated levee maintenance and repair. RD 2137s main purpose is the maintenance of the existing levees surrounding the real property within the district. 3) The current landowners within RD 2137 are the Department of Water Resources, .Emerson and Gilbert. 4) This petition is made by all the landowners within RD 2137. 5) RD 2137 is located in the City of Oakley, and is bordered by Marsh Creek, Dutch Slough, Contra Costa Water District Canal,and Little Dutch Slough. RD 2137 is adjacent to RD 799. 6) In order for a newly formed reclamation district to organize and function as a public entity,bylaws need to be adopted and trustees need to be elected (Water Code sections 50370-50374). 7) Landowner voting determines who should be the trustees (Water Code Section 50700 et seq.). 8) The persons signing this petition have signed as owners of virtually all the land within the district. 9) All the reclamation district landowners (DWR, Emerson& Gilbert)are in unanimous agreement to elect the following three trustees for RD No. 2137: TOM HALL, JAMES ECKMAN,and BRENT+GILBER.T. 10) Sections 50374 and 50600 of the Water Code govern election of trustees. 11) The proposed trustees are all qualified to be trustees, being landowners or representatives of landowners. x 4r ! V 12) All three landowners in RD 2137 have nominated the above mentioned three trustees, and respectfully request the Board to approve.these nominations, or in the alternative,have a election pursuant to Water Code section 50600. 13) The petitioners are'virtually the landowners affected by the new reclamation district. 14) The Board has authority to approve the nominated RD trustees without having an election(Water Code Section 50740 et seq.). 15) The names of virtually all owners of record of the real property within the exterior boundaries of RD 2137 are as follows: MARK E. GILBERT ADMINISTRATIVE TRUST P.O. Box 1833 Byron, CA 94514 EMERSON PROPERTIES INC., a California corporation 1120 Second Street, Suite 114 Brentwood,CA 94513 STATE OF CALIFORNIA Department of Water Resources Land and Right of Way Real Estate Chief 1416 Ninth Street, Room 415 P.O. Box 94236-001 These owners own the following parcels: APN: 037-191-009-02' 037-191-012-06 032-081-011-02 032-081-010 (a portion) Said owners of record are the Chef Petitioners in this Petition. 16) Petitioners hereby request that all cone unications to the Chief Petitioners under this Petition should be directed to them in the care of the following: Devinder Sandhu Department of Water Resources Office of the Chief Counsel 1416 Ninth Street,Room 1118 P.O.Box 942836 Sacramento, CA 94236-0001 _...._. ......... ......... ......... ...........__. . __ . _. ........ ......_............................................_...... ...._..... ....._... . . .. ........... ............_._._.. The above-named Chief Petitioners affix their signatures as follows: Date Executed: c � , 2004 Date Executed: •Z 7 ,2004 EMERSON PROPS S, l r By RENT OILBE , Trustee of the Mark E. E Gilbert Administrative Trust President Date Executed: 7 -2_,' i, 2004 STATE OF CALIFORNIA, Department of Water Resources f -) W s ,, J YAR. PATTERSON,Acting Chief for Division of Engineering TO: BOARD OF SUPERVISORS FROM: Supervisor Mark DeSaulnier .' Contra A Costa DATE; September 14, 2004 County SUBJECT: Accept the Resignation of.- John Stucke From District IV seat on the Pacheco Municipal Advisory Council eN " .V TfL SPECIFIC REQUESTS)OR RECOMMENDATION(s)&BACKGROUND AND JUSTIFICATION RECOI'1BMNDATION Accept the resignation of John Stucke from District IV seat on the Pacheco Municipal Advisory Council, declare a vacancy, and direct the Clerk of the Board to apply the Board's policy for filling this vacancy. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER s CN ACTION OF BOARD ON =.- APPRL?VED AS RECOMMENDED OTHER VOTE OF SUPERVISORS \/ I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT Y1/� -- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED it S r (14 .l JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Combtd: BY 't ,DEPUTY S� "A HE COMMUNITY CENTER Aug. 26,2004 �x r RWI low Supervisor Mark DeSaulmer 2425 BBisso Lane,Suite 110 Concord, CA 945204808 Dear Supervisor DeSaulnier(Mark), Please accept this latter as notification for nay resignation on Pacheco M.A.C. effective September 1,2004.. A very conflicting set of personal time needs and responsibilities prevents my objective participation in the many facets of Pacheco M.A.C.'s operation. I deeply appreciate the opportunity of being involved with all the growth aspect and future of Pacheco proper. My work and results are a matter of record pertaining to Pacheco,the Center and community involve#. Stepping out is not person easy. Sincere ,�' S Stucke 345 Vista Dei Rio Pacheco,CA 94553--5274 5800 Pacheco Boulevard, Pacheco, CA 94553, PHONE(925)676.88877 FAX(925)676-7742 E-MAM ptc1858@pacbell.jnet