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HomeMy WebLinkAboutMINUTES - 10281997 - C75 e. 7600 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD;PUBLIC--WORKS-DIRECTOR DATE: OCTOBER 28, 1997 SUBJECT: APPROVE THE RESOLUTION OF APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF CONTRA COSTA COUNTY TO INITIATE PROCEEDING FOR FORMATION OF COUNTY SERVICE AREA M-30, ALAMO AREA SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE the Resolution of Application to LAFCO for the formation of County Service Area M-30, Alamo area, and ESTABLISH a sphere of influence for County Service area M-30. H. Financial Impact: The creation of County Service Area M-30, Alamo Springs (CSA-W-30) will enable the County to finance extended public services without impacting the County General fund and taxpayers outside the Alamo Springs, Tract No. 7452. III. Reasons for Recommendations and Background: The Alamo Springs project and Final Development Plan#3003-90 was appro ed y the Board of Supervisors on December 8 and 15, 1992. The project site consists of 148 acres to b ided into 54 residential lots. Continued on Attachment:X SIGNATURE: c RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED x OTHER Resolution No. 97/577 is ADOPTED. VOTE OF SUPERVISORS X UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: g:\engsvc\spdist\BO\AlamoSpr\.l o 1 hereby certify that this is a true and correct copy of Or Div: Public Works(Special Districts) an action taken and entered on the minutes of the Contact: Skip Epperly(313-2253) Board of Su so ornthe date shown. M: AudCount Administrator ATTESTED:L�J n 1s�/ I A 1q G I County Counsel for PHIL B�C �LOR`Clerk f the oard County Counsel rviso s nd County d inistrator P.W.Accounting Cary Vilhauer,Vilhauer Construction Management Adam U.Lindgren,McCutchen,Doyle,Brown&Enersen,LLP Deborah J.Chamberlain,County of Contra Costa By—Mm ,Deputy Kevin Gailey,Town of Danville Sidney Come,Jr.,Come Development SUBJECT: APPROVE THE RESOLUTION OF APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF CONTRA COSTA COUNTY TO INITIATE PROCEEDING FOR FORMATION OF COUNTY SERVICE AREA M-30, ALAMO AREA DATE: OCTOBER 28, 1997 PAGE -2- The development is partially in the unincorporated County and the Town limits of Danville. Because the property is subject to the jurisdiction of both Contra Costa County and the Town of Danville, all land use entitlements were jointly approved by both entities pursuant to a Memorandum of Understanding (MOU). The MOU contemplates that the Town of Danville will extend the following municipal services to the portions of the property remaining in unincorporated Alamo: Police Services, Park and Recreation, Parks, Landscape and Street Maintenance. The formation of County Service Area M-30 will enable the County, without extra cost to the County General fund and the taxpayers outside the Alamo Springs subdivision, to finance extended public services to the property owners and residents of the development. IV. Consequences of Negative Action: Without Board approval, the formation of the County service area will not take place, impairing further development by removing the funding mechanism for the provision of extended public services. C.75 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 28 , 1997, by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 97/ 577 SUBJECT: LAFCO Application For Approval of Formation of County Service Area No. M-30 to Provide Extended Public Facilities and Services for the Alamo Springs Residential Subdivision RESOLUTION N097/577(Government Code §§ 25210.15, 56426, 56652, 56653, 56700 & 56800). RESOLUTION OF APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF CONTRA COSTA COUNT( FOR APPROVAL TO INITIATE PROCEEDINGS FOR FORMATION OF COUNTY SERVICE AREA NO.M-30 AND TO ESTABLISH A SPHERE OF INFLUENCE FOR COUNTY SERVICE AREA NO-M-30 RECITALS: 1. In August 1989, the Town of Danville and the County entered into a Memorandum of Agreement to undertake a joint jurisdiction General Plan and project review for the Alamo Springs project, including a 148-acre site formerly known as the Del Chase Property. After certification of an EIR for the project now known as the Alamo Springs residential subdivision by the Board of Supervisors at their meetings of December 8 and 15, 1992, the Board of Supervisors approved the project (including Final Development Plan#3003-90). The unincorporated area of the project was simultaneously rezoned to Planned Unit District. 2. On December 17, 1996, The County approved a Revised Preliminary Development Plan and Final Development Plan for the Project (County File #DP953043) and Revised Vesting Tentative Map for the Project(County File#SD7452). RESOLUTION NO. 97/ 577 3. The formation of a County Service Area will implement the principles for appropriate development of the Alamo Springs residential subdivision, especially as described in Conditions of Approval 65, 94, 95 and 96 of the County's approval of the Preliminary and Final Development Plans, as modified by the County Zoning Administrator on May 19, 1997. 4. The Town of Danville on September 3, 1997, adopted a Resolution Applying to the Contra Costa Local Agency Formation Commission ("LAFCO") to Annex and Detach Uninhabited Territory from the Town of Danville and Approve Formation of a County Service Area (Alamo Springs SD7452) for the Alamo Springs residential subdivision (Resolution No. 124-97), and adopted the Plan for Providing Public Services to the Alamo Springs/Corrie Development Corporation (the "Plan for Providing Services" prepared pursuant to Government Code section 56653) Exhibit"C." 5. The formation of County Service Area No. M-30 (the "CSA") will enable the County, without extra cost to the County General Fund and the taxpayers outside of the Alamo Springs Subdivision to provide and finance extended public services to residents and property owners of the Subdivision. The Board of Supervisors of Contra Costa County (the "Board"), RESOLVES: I. Proposal A. This proposal is made pursuant to the Cortese-Knox Local Government Reorganization Act of 1985 ("Cortese-Knox Act") (Government Code section 56000 et seg.) and the County Service Area Law(Government Code section 25210.1 et seq.). B. The nature of this proposal is the formation of a new County Service Area No.M-30 and the concurrent establishment of a sphere of influence boundary for said County Service Area; said formation is to be initiated by this Application to LAFCO for approval of the new County Service Area. C. The exterior boundaries of the area to be formed into County Service Area No. M-30 will coincide with the boundaries of the portion of the Alamo Springs residential subdivision lying within the unincorporated territory of Contra Costa County. A map showing such boundaries for the proposed County Service Area is set forth in Exhibit"B"; a legal description of the territory to be included in the proposed County Service Area is set forth in Exhibit"C". . D. A term and condition proposed for the change of organization is the extension or construction of any previously authorized charge, fee, assessment or tax by the County in the affected area. E. The reason for this proposal is to form a County Service Area to provide extended public facilities and services in the territory described in Exhibits"A" and"B". This provision of extended services is more fully presented in the "Plan for Providing Services." F. Notwithstanding the services described in the Plan for Providing Services, the CSA shall be authorized to provide all the extended services identified in Government Code 2 97/577 section 25210.4a, and to perform any and all other CSA activities identified in the County Service Area Law. G. The Board of Supervisors hereby requests that the Local Agency Formation Commission take action to accomplish the this formation and hereinafter mentioned sphere of influence establishment, by proceeding under the Cortese-Knox Act. H. This proposal is consistent with the sphere of influence of any affected city or district. II. Sphere of Influence. It is hereby requested that a sphere of influence for the new County Service Area be established co-terminus with the boundaries of the new County Service Area. III. Miscellaneous. A. The funding for the County Service Area is to be from yet to be approved and established benefit assessment charges pursuant to Government Code section 25210.6a. and California Constitution Article XIII D. B. The persons to be informed as to any notice of proceedings and to receive copies of any reports of the Executive Officer are: Ms. Deborah J. Chamberlain Planner, Community Development Dept. Contra Costa County 651 Pine St., 2nd Floor,N. Wing Martinez, CA 94553 Skip Epperly Special District Coordinator Contra Costa County Department of Public Works 255 Glacier Dr. Martinez, CA 94553 Kevin Gailey Planning Director Town of Danville 510 La Gonda Way Danville, CA 94526 Sidney Corrie, Jr. Corrie Development Corporation Corrie Center, Suite.111 7950 Dublin Blvd. Dublin, CA 94568 3 97/577 Gary Vilhauer Vilhauer Construction Management 550 Contada Circle Danville, CA 94526 Adam U. Lindgren McCutchen, Doyle, Brown & Enersen 1331 N. California Boulevard Walnut Creek, CA 94596 C. The Clerk of this Board is hereby directed to file a certified copy of this Resolution of Application and its Exhibits "A," "B" and "C" with the Executive Officer of LAFCO. Originating Dept.: Public Works Department(Special Districts) Contact: Skip Epperly cc: Gary Vilhauer,Vilhauer Construction Management Adam U.Lindgren,McCutchen,Doyle,Brown&Enersen,LLP Deborah J.Chamberlain,County of Contra Costa Kevin Gailey,Town of Danville Sidney Corrie,Jr.,Corrie Development 1 hereby certify that this is a true and Correct copy of an action taken and entered on the minutes of the CA972750.006 Board of Sumo on the Te,shown. ATTESTED: 1 A� I"19 n PHIL BAT HELOR,Clerk of the Board jupervi and Cou dministrator By Deputy 4 97/577 Exhibit A AREA OF SUBDIVISION 7452 WITHIN CONTRA COSTA COUNTY PARCEL1 LOTS 12 THROUGH 53, AND PARCELS B AND C AS SHOWN ON THE MAP OF SUBDIVISION 7452, RECORDED(not vet recorded) , 199 IN BOOK OF MAPS AT PAGE------, CONTRA COSTA COUNTY RECORDS. PARCEL 2 LOT 38 AND PARCEL D AS SHOWN ON SAID MAP OF SUBDIVISION 7452, EXCEPTING THEREFROM THAT PORTION OF LOT 38 AND PARCEL D LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEASTERLY CORNER OF THE 29.85 ACRE PARCEL DELINEATED ON THE RECORD OF SURVEY RECORDED JUNE 27, 1990 IN BOOK 94 OF L.S.M. AT PAGE 41, THENCE FROM SAID POINT OF COMMENCEMENT ALONG THE EXTERIOR LINES OF SAID RECORD OF SURVEY SOUTH 01° 55' 31" EAST 83.00 FEET; THENCE SOUTH 790 35' 01" WEST 151.67; THENCE SOUTH 01' 55' 31" EAST 327.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING LEAVING SAID EXTERIOR LINE NORTH 46° 29' 58" WEST 381.72 FEET TO THE EXTERIOR LINE OF SAID RECORD OF SURVEY; THENCE NORTH 46° 29' 58" WEST 51.50 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 131.00 FEET; A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS SOUTH 450 46' 09" EAST; THENCE WESTERLY 158.28 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 690 13' 45" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 160.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH 230 27' 36" EAST; THENCE WESTERLY 127.76 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 450 45' 08" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 181.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS SOUTH 22° 17' 32" EAST; THENCE WESTERLY 110.30 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34° 54' 56"; THENCE SOUTH 11° 14' 07" WEST 222.94 FEET; THENCE SOUTH 42° 41' 15" WEST 70.02 FEET, THENCE SOUTH 470 18' 45" EAST 164.29 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 129.00 FEET; THENCE SOUTHEASTERLY 45.37 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 200 09' 02" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS SOUTH 220 32' 13" WEST; THENCE NORTHEASTERLY 32.55 FEET ALONG THE ARC OF SAID CURVE 97/577 THROUGH A CENTRAL ANGLE OF 930 14' 24"; THENCE SOUTH 700 27' 55" EAST 42.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH 70' 42' 11" WEST; THENCE SOUTHEASTERLY 31.42 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00"; THENCE SOUTH 190 16' 37" WEST 42.00 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH 190 17' 49" EAST; THENCE SOUTHWESTERLY 31.61 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 900 33' 31" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 329.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH 710 15' 42" WEST; THENCE SOUTHERLY 232.08 ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 400 25' 00" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS SOUTH 680 19' 19" WEST; THENCE EASTERLY 34.05 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 970 33' 24"; THENCE SOUTH 23° 59' 09" EAST 38.19 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 181.00, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH 300 20' 27" WEST; THENCE NORTHEASTERLY 19.54 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60 11' 04" TO THE EASTERLY LINE OF PARCEL D AS SHOWN ON THE MAP OF MS 58-83, RECORDED AUGUST 16, 1989, IN BOOK 141 OF PARCEL MAPS AT PAGE 42, TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 181.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH 240 09' 23" WEST; THENCE LEAVING SAID EXTERIOR LINE EASTERLY 289.38 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 910 36' 13" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 96.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH 67° 26' 50" EAST; THENCE SOUTHERLY 58.03 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 340 38' 10", THENCE SOUTH 120 05' 00" WEST 55.80 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 131.00 FEET; THENCE SOUTHWESTERLY 96.72 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 420 18' 13"; THENCE SOUTH 54° 23' 13" WEST 9.85 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 169.00 FEET; THENCE SOUTHWESTERLY 128.26 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 430 29' 07" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 4,081.00 97/577 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS SOUTH 790 05' 54" EAST; THENCE SOUTHERLY 388.15 FEET THROUGH A CENTRAL ANGLE OF 50 26' 58" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 362.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS SOUTH 730 38' 56" EAST; THENCE SOUTHWESTERLY 210.70 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 330 20' 58"; THENCE SOUTH 490 42' 02" WEST 81.92 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 518.00 FEET; THENCE SOUTHWESTERLY 72.66 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 80 02' 12"; THENCE SOUTH 410 39' 50" WEST 107.60 FEET; THENCE SOUTH 520 00' 00" WEST 146.99 FEET; THENCE NORTH 610 00' 00" WEST 200.00 FEET; THENCE NORTH 140 00' 00" WEST 11.67 FEET; THENCE NORTH 140 00' 00" WEST 158.33 FEET; THENCE SOUTH 370 00' 00" WEST 270.00 FEET TO THE SOUTH LINE OF SAID PARCEL D. 97/577 • STONE VALLEY RD. HIGH EAGLE OAD PEBBLE DRIVE---, I (FORMERLY GAY COURT) Exhibit B 7 LOS BALCONES NF CONTRA COSTA COUNTY Z TOWN OF DANVILLE F� S r9l � s� 0 OP Q' •IVY_1 I TMP NOT TO SCALE PARCEL 39 40 41 B 42 43 44 50 37 49 51 45 EXISTING COUNTY LIMIT LINE 36 35 SMO 34 4647 48 — — 33 SARIN o 52 32 16 15 14 13 9 / 53 KIM LE 12 10 8 CSA Boundary 17 P CE h 19 20 11 7 18 21 25 o S4R 24 22 3 OUR 4 31 23 1 2 3 30 PARCEL 29 C 28 27 26 I / PARCEL • A • 38 J mar,�o j �4�`L`�♦ ALAMO SPRINGS- SUBDIVISION 7452 TOWN OF DANVILLE CONTRA COSTA COUNTY 97/577 Exhibit C Plan for Providing Public Services Alamo Springs/Corrie Development Corporation Town of Danville September 3, 1997 The following plan for providing public services has been prepared in accordance with Government Code Section 56653. The affected territory for annexation,detachment and creation of a county service area is referred to as Alamo Springs(Subdivision SD 7452), a proposed 54- lot single family home residential housing project(currently uninhabited land). Project Description/Affected Territory The Alamo Springs project is located at the northeast terminus of La Gonda Way, including areas of the unincorporated community of Alamo and the Town of Danville(APN 197-082-014, -016, -017, -018, -020 and 197-050-024). The project, which encompasses approximately 148 acres, is a 54-lot subdivision for single-family home development. Because the property is subject to the jurisdiction of both Contra Costa County and the Town of Danville, all land use entitlements were jointly approved by both entities pursuant to a Memorandum of Understanding. As approved, portions of the subdivision will remain in both unincorporated Alamo and the Town of Danville. The annexation and detachment are necessary to adjust the boundary. line between the County and the Town to ensure that all of the newly created lots in the subdivision will be located wholly within either the County or the Town. Services to be Extended to the Property Consistent with the Memorandum of Understanding between the County and the Town, the Town of Danville will extend the following municipal services to the portions of the property remaining in unincorporated Alamo: Police Services (includes Community Services, Investigation, Patrol and Traffic Enforcement) Parks and Recreation (includes Cultural Arts, Senior Services, Volunteer Services, Youth Services and Sports and Fitness) Maintenance (includes Park Maintenance, Street Maintenance, Traffic Safety and Roadside Landscape Maintenance) All other public-services will be provided�by-other existing districts and agencies with no changes. In addition,the.County and the Town will continue to provide general government and development services to those portions of the subdivision remaining within their jurisdiction. 0 97/577 Level of Services Municipal services to be provided to the project by the Town will be provided in accordance with service levels currently present throughout the Town of Danville,as described in the Town of Danville Financial Plan for 1997/98. Police and parks services will be provided in accordance with Growth Management Element performance standards. Timing of Extension of Services All municipal services to be provided to the project by the Town will be available immediately upon completion of the reorganization proceedings. Public Improvements Conditions of approval for the project require the developer to construct extensive public improvements, including road, sewer and stormwater facilities. The developer will be required to make improvements to a portion of La Gonda Way, a public street within the Town of Danville, and may establish a Benefit District to recoup a portion of those costs. Funding Sources In order to fund the provision of municipal services to those lots remaining within unincorporated Alamo, the developer has agreed to create a county service area(CSA). This new CSA will reimburse the Town of Danville for the provision of police services, street maintenance, parks maintenance and roadside landscaping maintenance. 2 97/577