HomeMy WebLinkAboutMINUTES - 10032006 - C.56 F`
TO: BOARD OF SUPERVISORS �"r�"ti;`. Contra
Costa
FROM: DENNIS M. BARRY, AICP
DIRECTOR OF COMMUNITY DEVELOPMENTCounty
erq'cFi:v{'�
DATE: OCTOBER 3, 2006
SUBJECT: WILLIAMSON ACT CONSISTENCY FINDINGS AND APPROVAL OF THE
ACQUISITION BY EAST BAY MUNICIPAL UTILITY DISTRICT OF 282 ACRES OF
LAND COVERED UNDER LAND CONSERVATION CONTRACT NO. 2006/524
(District II) (Canyon/Moraga area)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ADOPT Resolution No. 2006/524 pursuant to the Government Code making Williamson
Act consistency findings and approval for the acquisition by the East Bay Municipal Utility
District of approximately 282 acres of land covered under Land Conservation Contract No.
2-76, located in an unincorporated area just north of the Upper San Leandro Reservoir and
west of the Town of Moraga.
CONTINUED ON ATTACHMENT: X YES SIGNATURE: .
_"zrECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
,-APPROVE OTHER
SIGNATURE(S):
ACTION OF
BOARD ON APPROVED AS RECOMMENDED)( OTHER_
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE AND
UNANIMOUS(ABSENT ) CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN.
Contact: Patrick Roche, Ph#335-1242, CDD-AP ATTESTED 1,260y3
Orig: Community Development JOHN CULLET ,CLERK OF THE BOARD OF
cc: SUPERVISORS AND COUNTY ADMINISTRATOR
County Administrator \ `'
County Counsel BY ► l�We� DEPUTY
County Assessor
East Bay Municipal Utility District
City of Orinda
CA Dept. of Conservation
a
October 3,2006
Williamson Act Consistency Finding EBMUD Acquisition, Land Conservation Contract No.2-76
Page 2
FISCAL IMPACT
None.
BACKGROUND / REASONS FOR RECOMMENDATIONS
The East Bay Municipal Utility District (EBMUD) proposes to acquire approximately 282 acres of land
under a Williamson Act contract, Land Conservation Contract No. 2-76, as part of three-way voluntary
land exchange between the developers of the Gateway Montanera Project, which is located in
Orinda, and the City of Orinda. The land exchange involves transferring approximately 27 acres of
EBMUD property to the City of Orinda to be incorporated into the Gateway Montanera Project for a
public recreational use, and in exchange EBMUD will receive 68 acres of land in the unincorporated
area near the Upper San Leandro Reservoir, formerly owned by the McCosker Family now under
ownership by the developers of the Gateway Montanera Project. This 68 acre piece of land is under
Land Conservation Contract No. 2-76. The other land exchange involves the conveyance of a 214
acre portion of land to EBMUD by the developers of the Gateway Montanera Project, also formerly
owned by the McCosker Family, as mitigation for project-related impacts. This 214 acre parcel is also
the unincorporated near the Upper San Leandro Reservoir and is covered under Land Conservation
Contract No. 2-76.
EBMUD's acquisition of the subject lands under Williamson Act contract is considered to be a"public
improvement" under Government Code section 51290.5 (Williamson Act statute). Certain provisions
of the Williamson Act, specifically Government Code sections 51238.1(a) and 51293 (a), require
notice to the County of the pending acquisition by a public agency and a determination and approval
by the County that the acquisition and use of the contracted lands by that public agency will be
consistent with the principles of compatible use as specified under the Williamson Act. EBMUD has
submitted a letter to the Community Development Department giving notice of the acquisition along
with a request for determination that their use of the contracted lands will be consistent with the
Williamson Act. Staff has prepared for the Board's consideration Resolution No. 2006/524 which
makes the necessary determinations pursuant to the Government Code that EBMUD's use of lands
covered under Land Conservation Contract No. 2-76 would be consistent with the Williamson Act and
approves of the District's acquisition of these lands covered under Land Conservation Contract No. 2-
76. See attached Resolution No. 2006/524 listed as Exhibit "A" to this Board Report.
attachment
Exhibit A: Board Resolution No. 2006/524
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Exhibit A: Board Resolution No. 2006/524
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA
ADOPTED this resolution on Tuecday. October 006 by the following vote:
AYES: Uilkema,Piepho,DeSaulnier,and Gioia
NOES: None
ABSENT: Glover
ABSTAIN: None
RESOLUTION NO. 2006/524
SUBJECT: Williamson Act Consistency Findings and Approval }
Related to the acquisition of 282 acres of land }
Under Land Conservation Contract No. 2-76 }
By East Bay Municipal Utility District }
Pursuant to the Government Code }
Sections 51238.1(a) and 51293 (a) }
WHEREAS the East -Bay Municipal Utility District ("the District') proposes to acquire in fee
property located in unincorporated Contra Costa County in the near future described as a
approximately 68-acre portion of Assessor Parcel No. 257-170-001. The District also proposes to
acquire an approximately 214-acre property, which is located contiguous of the 68-acre property in
approximately ten years (214-acre property), that includes portions of Assessor Parcel Nos. 257-120-
003/004 and 271-110-001.
WHEREAS both the 68-acre property and the 214 acre property (collectively, the "Properties")
are located in an unincorporated area of Contra Costa County, just north of the Upper San Leandro
Reservoir and west of the Town of Moraga, and the Properties have been identified by the District as a
potentially important component in its watershed protection program for the Upper San Leandro
Reservoir.
WHEREAS the Properties are subject to the same active Williamson Act contract, Land
Conservation Contract No. 2-76, which was established on February 10, 1976 between Contra Costa
County and the then owners, the McCosker Family, and the Properties are accordingly zoned within an
A-4: Agricultural Preserve District, and the 214-acre property has been historically used for cattle
grazing, although the 68-acre property is too heavily wooded to have been grazed.
WHEREAS the Properties are located in an area proposed by the U.S. Fish and Wildlife Service
proposed for designation as critical habitat for the Alameda whipsnake, and accordingly, the U.S.
Natural Resource Conservation Service does not identify the Properties as "prime agricultural land" as
defined by California Government Code section 51201.
WHEREAS the District has entered into a three-party voluntary land exchange program
between the developers of the Gateway Montanera Project, located in the City of Orinda, and the City
of Orinda involving the Properties, in which the 68-acre property (along with a 44-acre property that is
not subject to a Williamson Act contract) will be acquired by the District in exchange for 27 acres of "
District property to be acquired by the City of Orinda for a public recreational use in the vicinity of the
Gateway Montanera Project, and the 214-acre property will be conveyed in approximately ten years by
the Gateway Montanera developers to the District as mitigation for project-related impacts (along with
130 acres that is not subject to the Williamson Act contract).
1
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WHEREAS prior to conveyance to the District, the Properties will be subject to conservation
easements and long-term management plans that will require continued, but more carefully managed
grazing on portions of the Properties that have been historically been subject to grazing (which does
not include the heavily wooded 68-acre property).
WHEREAS the District's proposed acquisition is considered a "public improvement" under
Government Code section 51290.5, and Government Code section 51291 (b) requires notice to the
California Department of Conservation and to Contra Costa County "as the local governing body
responsible for the administration of the preserve of its intention to consider the location of a public
improvement within the preserve".
WHEREAS the District has submitted a letter to the Community Development Department,
dated September 5, 2006, giving notice to the County of the pending acquisition of the Properties and
making a request that the Board of Supervisors find the acquisition of the Properties to be consistent
with Land Conservation Contract No. 2-76 pursuant to California Government Code section 51238.1
and to approve the acquisition of the Properties by the District pursuant Government Code section
51293 (a).
RESOLVED that the Board of Supervisors of Contra Costa County finds that the acquisition and use of the
Properties by the District will be consistent with the following provisions of Government Code section
51238.1(a):
"(a) Uses approved on contracted lands shall be consistent with all of the following principles of
compatibility:"
"(1) The use will not significantly compromise the long-term agricultural capability of the
subject contracted parcel or parcels or on other contracted land in agricultural
preserves."
Findings and Supporting Evidence: Land Conservation Contract No. 2-76 established "grazing"
as the agricultural use for a tract of land of which the Properties were a part of (reference:
Exhibit "B", Allowable Uses, Land Conservation Contract No. 2-76). The District will continue to
contract with private, commercial grazers for the continuation of grazing on all portions of the
Properties that have been historically been subject to grazing (which does not include the
heavily wooded 68-acre property). Evidence that the District use will not further compromise the
long-term productive capability of the Properties include a determination by the Natural
Resources Conservation Service (NRCS) that the contracted parcels proposed for acquisition
are not "prime" agricultural lands (reference: letters from NRCS to the District, dated 7/1/2005
and 5/10/2006, confirming soil conditions for the Properties). Additionally, the conservation
easements and long-term management plans require permanent, managed grazing (where
practical) on the Properties by the District (reference: Long-Term Management Plan for the
Montanera Project, Moraga Creek Open Space Area and Indian Valley Preserve Area, dated
5/21/2006). These factors relating to the District's use of the Properties provide evidence that
the long-term agricultural capability of the subject contracted parcels will not be compromised
from their historical agricultural/grazing use or other contracted lands in the agricultural preserve
(AP#2-76).
"(2) The use will not significantly displace or impair current or reasonably foreseeable
agricultural operations on the subjected contract parcel or parcels or on other contracted
lands in agricultural preserves. Uses that significantly displace agricultural operations
on the subject contracted parcel or parcels may be deemed compatible if they relate
directly to the production of commercial agricultural products on the subject contracted
parcel or parcels or neighboring lands, including activities such as harvesting,
processing, or shipping."
2
Findings and Supporting Evidence: The District will retain cattle grazing use on all areas of the
Properties that have been historically grazed and does not propose any physical improvements
on the Properties that would displace or impair current and future grazing activities because the
subject contracted parcels will become part of the District's watershed protection area for the
Upper San Leandro Reservoir, where physical improvements within the watershed protection
area are restricted (reference: letter from Paul Kenny, EBMUD Real Estate Representative,
dated 9/5/2006). Additionally, the Properties will be subject to permanent conservation
easements and long-term management plans that also place limitations on physical
improvements (reference: Long-Term Management Plan for the Montanera Project, Moraga
Creek Open Space Area and Indian Valley Preserve Area, dated 5/21/2006) .
"(3) The use will not result in the significant removal of adjacent contracted land from
agricultural or open space use."
Findings and Supporting Evidence: The District's acquisition of the Properties will not result in
the removal of adjacent contracted land from agricultural or open space use (reference: letter
from Paul Kenny, EBMUD Real Estate Representative, dated 9/5/2006, and Long-Term
Management Plan for the Montanera Project, Moraga Creek Open Space Area and Indian
Valley Preserve Area, dated 5/21/2006).
"in evaluating compatibility, a board or council shall consider the impacts on
noncontracted lands in the agricultural preserve or preserves."
Findings and Supporting Evidence: The District's acquisition of the Properties will not have any
impact on noncontracted land within the agricultural preserve (reference: letter from Paul Kenny,
EBMUD Real Estate Representative, dated 9/5/2006, and Long-Term Management Plan for the
Montanera Project, Moraga Creek Open Space Area and Indian Valley Preserve Area, dated
5/21/2006).
BE IT FURTHER RESOLVED that the Board of Supervisors of Contra Costa County pursuant to
Government Code section 51293 (a) agrees to the proposed acquisition of the Properties by the District
subject to the permanent conservation easements and long-term management plan for the Properties
as described in the District's September 5, 2006 notification letter to the County (reference: letter from
Paul Kenny, EBMUD Real Estate Representative, dated 9/5/2006).
1 hereby certify that the foregoing is a true and
Contact: P. Roche, CDD (925-335-1242) correct copy of an action taken and entered on the
cc: Community Development Department minutes of the Board of Supervisors on the date
CAO
shown.
County Counsel
East Bay Municipal Utility District ATTESTED: ya� F )�
City of Orinda John Cullen, Clerk of the Board of
CA Dept. of Conservation Supervisors and County
Administrator
By: -� _ k/A A-,x;."0
Deputy
RESOLUTION NO. 2006/524
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