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Home My WebLink AboutMINUTES - 09262006 - SD.2 SFAL TO: BOARD OF SUPERVISORS, AS GOVERNING ` == `` - `:. Contra BOARD OF THE FLOOD CONTROL & WATER - ; CONSERVATION DISTRICT -�- r< Costa FROM: MAURICE M. SHIU, CHIEF ENGINEER t7`t-C()UN' County DATE: September 26, 2006 SUBJECT: ADOPT Resolution 2006/*** determining activity is not subject to CEQA and approving Amendment No. 2 of the Flood Control and Water Conservation District Zone 1 Plan, Oakley Area. (District III) Project No. 7521-6D8336, CP N, o. 06-72 SPECIFIC IU--'QUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: 1. DETERMINE that the Zone Plan Revision,Amendment No.2 for Flood Control Zone 1,is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b)(3) of the CEQA guidelines. 2. OPEN a Public Hearing today at 9:30 a.m. in Room 107 of the Board of Supervisors' Chambers, Administration Building,651 Pine Street,Martinez,California,to hear if there are any objections to revising the Contra Costa County Flood Control and Water Conservation District (Flood Control District) Zone 1 Plan. CONTINUED ON ATTACHMENT: ❑x SIGNATUR RECOiiN1�lENI)A-I'ION OF COUNTY ADi\IINIST12A7'OR RECOMMEN 7'101' F OARD APPROVE OTHER SIGNATURE(S): ACTION OF 13eJBLN t APPROVED AS RECOMMENDED O IERCLOSEDTISC HEARING, ACCEPT STAFF RECOM4MATIONS: THERE WERE NO PUBLIC SPEAKERS VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT ) MINUTES OF THE 130AIZD OF SUPERVISORS ON TIME AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: R.Mitch Avalon(925)313-2203 RMA: \BW G:V�1dCtlCtl\Board Orders 2005 013ward\2006 BO\BO-hearing FCZoncl Plan 9-26- ATTESTED 06.doc JOHN OULLEN,CLERK OF THE BOARD OF SUPERVISORS CC: Countv Administrator COINnunity Development—D.Kelley County Counsel Public Works:Flood Control Environmental—L.Chavez BY: ,DEPUTY Records Joe Brandt,Community Development Director City of Antioch P.O.Box 5007 Antioch,CA 94531-5007 Bailey Grewal,Director of Public Works City of Brentwood 708 Third St. Brentwood,CA 94513 Juan Vogan•City Engineer City of Oakley 3231 Main St.Oakley,CA 94561 1 SUBJECT: ADOPT Resolution-2006/* determining activity is not subject to CEQA and approving Amendment No.2 of the Flood Control and Water Conservation District Zone 1 Plan,Oakley Area. (District III) Project No. 7521-6DS336, CP No. 06-72 DATE: September 26, 2006 PAGE: 2 of 2 3. ADOPT Resolution 2006/** approving Amendment No. 2 Flood Control District Zone 1 Plan. 4. DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk. 5. AUTHORIZE the Chief Engineer,Fllood Control and Water Conservation District to arrange payment of a $25 fee to the Community Development Department for processing and a $25 fee to the County Clerk for filing the Notice of Exemption. I FISCAL IMPACT: There will be no impact to the County General Fund.The three detention basins have been constricted with developer fiends and no further Flood Control District improvements or funding is necessary. The City will be responsible for funding all basin maintenance and/or recreational improvements. I REASONS FOR RECOMMENDATIONS AND BACKGROUND: I In 1994,the Flood Control Zone 1 Plan was amended(Amendment 1)to add several Drainage Area detention basins to the Zone Plan. I In July 1999,the City of Oakley incorporated assumed maintenance responsibilities for Drainage Area facilities built by or for the Flood Control District. In conjunction with the August 15, 2006, approval of the Drainage Areas Fee Collection,Right of Way and Maintenance Agreement for Drainage Areas(DA)29C,29D, 29E,29H,30A,30B,30C, 52D and 56, the City has agreed to maintain all the subregional drainage facilities within its incorporated limits. As part of the agreement,the City requested ownership and operation of three of the Zone 1 detention basins so they could develop secondary recreational uses. The three basins are DA 30A Brown Road Basin,Laurel Road Basin, and DA 30C Freedom High School Basin.Before the basins are transferred,the City will develop Operation and Maintenance Manuals for each basin assuring the Flood Control District that the primary flood control characteristics of each basin will be paramount to any other secondary uses by the City. With transfer of the basins,the City will assume ownership, maintenance, liability and financial responsibilities for the three basins. I It has been determined that this activity is not subject to the California Environinental Quality Act(CEQA)pursuant to Section 15061(b)(3) of Article 5, CEQA guidelines, since it can be seen with certainty that there is no possibility the activity may have a significant adverse effect on the environment. CONSEQUENCES OF NEGATIVE ACTION: Should this be denied, the three basins Could 'not be transferred to the City of Oakley for their use. I I ' I I I I 1 . THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BOARD OF THE FLOOD CONTROL & WATER CONSERVATION DISTRICT Adopted this Resolution on September 26, 2006, by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/S88 SUBJECT: Determination that the activity is not subject to the California Environmental Quality Act (CEQA)pursuant to Article 5,Section 15061 (b)(3)of the CEQA Guidelines,and Adoption of Amendment No. 2 of the Contra Costa County Flood Control and Water Conservation District Zone 1 Plan, Oakley area. Project No. 7521-6D8336, CP No. 06-72 The Board of Supervisors of Contra Costa County, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District, RESOLVES THAT; On August 15,2006,this Board set a public hearing to consider Amendment No. 2 to the zone plan for Flood Control Zone 1. On September 26,2006,pursuant to the Board's Resolution of August 15,2006,this Board held a hearing to consider Amendment No. 2 to the zone plan for Flood Control Zone 1. At that time, all written and oral objections concerning this action were considered. R\'F:cw G:\•FldC11`1.l3oard Orders 2005 Onward I hereby certify that this is a true and correct copy of an 0006 RcsolutionslFCZ I Plan Res i fearing 9-26-06.doe Orig.Dept.:Public Works(Flood Control) action taken and entered on the minutes of the Board of Contact: R.Mitch Avalon(925)313-2203 Supervisors on the date shown. cc: County Administrator Connnwity Development—D.Kelley County Counsel S U Q r 4 ^w Public\Yorks: Flood Control ATTESTED: G`('y�yCJ Environmental—L.Chavez Records JOHN CULLEN, berk of the Board of Supervisors and Joe Brandt.Community Develupmt•nt Director County Administrator City oC Antioch P.O.Box 5007 Antioch,CA 94ector o 07 I Bailey Grewal.Director of Public works SFJ J Cityol'Brcntwood By .� los Third St. Deputy Brentwood,CA 94513 Jason\'ugan.City Engineer City oCOakley 3231 Main St.Oaklcy,CA 94561 RESOLUTION NO. 2006/S SUBJECT: Determination that the activity is not subject to the California Environmental Quality Act (CEQA)pursuant to Article 5, Section 15061 (b)(3)of the CEQA Guidelines,and Adoption of Amendment No. 2 of the Contra Costa County Flood Control and Water Conservation District Zone 1 Plan, Oakley area. Project No. 7521-6D8336, CP No. 06-72 DATE: September 26, 2006 PAGE: 2 This Board hereby FINDS that any valid protests filed do not represent more than one-half of the assessed valuation of real property contained in Flood Control Zone 1. This Board also FINDS that no written petition for an election,signed by at least twenty-five percent of the registered voters within the proposed flood control zone, has been filed. It appears from the affidavits of publication on file with this Board that all notices required to be given for such a hearing have been duly, regularly given and all procedures to be followed have been followed, all in accordance with Section 11 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act and in accordance with the provisions of the Board's Resolution of August 15, 2006. This Board DETERMINES that Amendment No. 2 plan revision for Flood Control Zone 1, is not subject to the California Environmental Quality Act(CEQA)pursuant to Article 5, Section 15061 (b)(3),of the CEQA guidelines. This Board hereby DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk. This Board further AUTHORIZES the Chief Engineer of the Contra Costa County Flood Control and Water Conservation District to arrange payment of a $25 fee to the Community Development Department for processing and a $25 fee to the County Clerk for filing the Notice of Exemption. This Board hereby FINDS that good cause exists for Amendment No. 2 plan revision for Flood Control Zone 1 and ORDERS that the revised zone plan,as shown on the map entitled"Flood Control Zone 1,Amendment No. 2 Zone Plan Revision FD-3204 dated August 31 2006,"proposed to be instituted for Flood Control Zone 1 and on file with the Cleric of the Board of Supervisors, Administration Building, Martinez, California, is hereby INSTITUTED. DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 7521-6D8336 CP NO.: 06-72 ACTIVITY NAME: Flood Control Zone 1 Plan Amendment #2 DATE: August 2,2006 PREPARED BY: Leigh Chavez This activity is not subject to 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 the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY:- The Contra Costa County Flood Control and Water Conservation District(District)currently owns and maintains two detention basins in Drainage Area 30A and the Freedom High School Detention Basin in Drainage Area 30C. The proposed activity will remove these three basins from the Flood Control Zone 1 Plan and quitclaim the three basins to the City of Oakley. The City will assume ownership, maintenance, liability, and financial responsibility for the three basins. No construction activities will occur with this activity. General Plan Conformance will be obtained from the City of Oakley. LOCATION: The project is located in east Contra Costa County in the Oakley area (Figures 1 — 4) REVIEWED BY: i Z�'G'( DATE: _1e Cece Sellgren, Environmental Planner APPROVED BY: ,G.7� DATE: Community Development Representative LC 0:\EngSvc\LNV1R0\F1ood Contro]\Zone 1 Plan Amendmcnt#2\Detennination of Exemption(DE).doc i LL L is .0,� ?''-^Y,f.,.Y• -,4 V z V/ 1� •!i O r If•• C V , n c a n ~=V t , ti N :.c tj �I m ' g .eao��•�t1 : r gyp. " .f w - J N - C Goo m t !� co IUL Ix , .c. Q � c ,W _.. ... .. .. .... .. V CN Ira w LL v w a IJ S n�spa a a y a Q ,x : , aa� .. •.' .. �i � see ... : . : . ... : 0 - 41 . .. ... , . . . an eye - : . ;s k AV eJetio 8J8qO .. ...... ... "�' r ...:........ 0 ;'Y o N : N �I: :. .......:.. ......... ......��.� . . - — -- - � � is V 9Jrdui3 C� N I. ,... .. cs -o Q i :., -. .. W ..y" t W oMo o r ao r,. .. .:....:. . Nr, yLO lQ .r... .... ._ .,r',,. • _ .. ." to ewa .. m o an y Jsa!allh O 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) 313-2296 Contact Person: Cece Sellgren- Public Works Dept. Project Title, Description, Common Name (if any) and Location: Flood Control Zone 1 Plan Amendment #2, Project No. 7521-6D8336, County File CP#06-72 Project Description: The Contra Costa County Flood Control and Water Conservation District(District)currently owns and maintains two detention basins in Drainage Area 30A and the Freedom High School Detention Basin in Drainage Area 30C. The proposed activity will remove these three basins from the Flood Control Zone 1 Plan and quitclaim the three basins to the City of Oakley. The City will assume ownership, maintenance, liability, and financial responsibility for the three basins. No construction activities will occur with this activity. General Plan Conformance will be obtained from the City of Oakley. Project Location: The project is located in unincorporated east Contra Costa County in the Oakley area. This project is exempt from CEQA as a: ❑ Ministerial Project (Sec. 15268) ❑ Categorical Exemption, Class ❑ Declared Emergency (Sec. 15269(a)) ❑ 'Other Statutory Exemption, Section ❑ Emergency Project(Sec. 15269(b)or(c)) ® General Rule of Applicability[Section 15061(b)(3)] for the following reason(s): It can be seen with certainty that there is no possibility the activity may have a significant adverse effect on the environment. Date: By: 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: Public Works Department ® County Clerk-$25 Total Due: $ 255 Glacier Drive ® Community Development Dept.-$25 Total Paid $ Martinez, CA 94553 Attn:Leigh Chavez Receipt#: Environmental Section G:\EngSvc\ENVIRO\Flood Control\Zone 1 Plan Amendment#2\NOE-.doc Updated July 21,2006 �� Wr o f { �,C. ,.�'�-•*33.n: �.,�' A .Ol al IX tf ion •v r` C'i t O � � 2• 3 4` O m} L St Z N CL p St �N WAX t re�rN+alterd,` a - j' r � G 0' ii V�I fie, 5 v (: y y si in �c':t:'• v:: or d i N,• y t i l� N i +L aC t� i 4, . Q * I Q `St, � ' Ov/ 3 ». !l/ Q p St wCD CQ ' e m f Qeor Valla ,,: .►��'. 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