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HomeMy WebLinkAboutMINUTES - 10151996 - C48 -s:... Contra TO: BOARD OF SUPERVISORS Costa FROM: Supervisor Tom Torlakson x M o County ti4 ST'4 COLIIZ� DATE: October 15, 1996 SUBJECT: APPROVE RESOLUTION APPROVING THE PROPOSED RECONFIGURATION OF DRY CREEK RESERVOIR SPECIFIC REQUEST(S)OR RECOMMENDATION(S)AND JUSTIFICATION RECOMMENDED ACTION: Adopt the attached resolution to approve the proposed reconfiguration of Dry Creek Reservoir. BACKGROUND INFORMATION: A.G. Spanos Companies is developing Brentwood Hills Country Club, a 570-acre residential community within the City of Brentwood. Located within this project is the Dry Creek Basin, a County Flood Control and Water Conservation District facility. recently convened a meeting between representatives of A.G. Spanos Companies and the County Public Works Department to discuss various aspects of the Brentwood Hills Project and specific ideas pertaining to the Dry Creek basin. The attached resolution was developed as a result of these discussions. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON October 15, 1996 APPROVED AS RECOMMENDED: X OTHER: VOTE OF SUPERVISORS: X_ UNANIMOUS(ABSENT TV (f)e SaulniPr) ) AYES: NOES: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF ABSENT: ABSTAIN: THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED October 15, 1996 PH T HELOR,CLERK OF_WE BOARD OF P ORS AND UN Al) NI RATOR BY Supervisor Torlakson PUTY cc: Jim Panagopoulos,A.G.Spanos Companies (via Dist, V ) Public Works Department, Flood Control Division County Administrator County Counsel GMEDA Chief Engineer 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: SUP€RVISOR 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 A 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 ofDry 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. I hereby certify that this Is a true and Correct copyof an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTE ctober 15. 1996 MELOR.Clerk of t rd sora and my Ad In Orig. Dept.: Public Works(FC) Contact: P.Harrington,313-2271 cc: County Administrator County Counsel V.Alexeeff,GMEDA Chief Engineer PLH:cl FCBO:bo15.t10 RESOLUTION NO. 96/491