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HomeMy WebLinkAboutMINUTES - 05031994 - 1.25 Ar THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT Adopted this Resolution on May 3, 1994, by the following votes: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 941 248 SUBJECT: Notification of Hearing to Consider the Exclusion of Land Located Within Corporate Boundaries of the City of San Ramon from Contra Costa County Flood Control and Water Conservation District Drainage Area (DA) 1010, San Ramon Area. Project No. 7580-6D8204; CDD-CP#93-3. The Board of Supervisors of Contra Costa County; as the Governing Body of the Contra Costa County Flood Control & Water Conservation District (CCCFC & WCD), RESOLVES THAT; The CCCFC & WCD Act, hereinafter referred to as Act, provides authority for said Governing Body to exclude any parcel, parcels or tract of land, from a drainage area. This Board has before it for consideration the proposed exclusion of all land located within the corporate boundaries of the City of San Ramon from DA-1010, consisting of that real property described in Exhibit"A", attached hereto and incorporated herein by reference. This Board also has before it the Engineer's Report and the Boundary Map, entitled "DA-1010 Amended Boundary Map," dated December 1992, proposed to be adopted for DA-1010. Said documents, which show the general location of DA-1010 and provide the City of San Ramon's reasons for requesting exclusion are on file with and may be examined at, the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. At 11:00 a.m. on June 14, 1994, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed exclusion of land within the City of San Ramon from DA-1010. At said hearing, this Board will hear and pass upon any and all written or oral objections to the exclusions. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. The Clerk of this Board is DIRECTED to publish a Notice of the Hearing, pursuant to Government Code Section 6066, once a week for two (2) successive weeks prior to the hearing in the "Contra Costa Times", a newspaper of general circulation, circulated in the area proposed to be excluded from DA-1010. Publication shall be completed at least seven (7) days before said hearing and said notice shall be given for a period of not less than twenty (20) days. The boundaries of DA-1010 include land within the City of San Ramon. The Clerk of the Board is DIRECTED to forward to the Governing Body of said City a copy of this Resolution at least twenty (20) days before.the above noted hearing. 1 hereby W"Iy that this is aftwe"SomtMV61 caro o ken and entered on theme or go ATITSTED:PMAr In 0 PHIL BATCHELOFT'Cierk o the BOero of Supervisors andmy Adminlatrato� . cc: See PAGE Two RESOLUTION NO. 94/248 HEARING FOR EXCLUSION OF LAND FROM DA-1010 May 3, 1994 Page Two PH:fp\pe g:\fldctl\fcbo\DA1010-3.t5 Orig. Dept.: Public Works (FCE) Contact: P. Harrington, 313-2271 cc: Building Inspection Community Development County Administrator County Assessor County Auditor - Controller County Counsel County Treasurer - Tax Collector Accounting Design - Environmental Section Engineering Services Building Industry Association P.O. Box 5160 San Ramon, CA 94583 City of San Ramon Richard W. Jensen Braddock & Logan Associates 4155 Blackhawk Plaza Circle, Ste 201 Danville, CA 94526 David Lennon Hofman Company P.O. Box 907 Concord, CA 94522 Dennis J. Razzari Davidon Homes 1600 S. Main Street#150 Walnut Creek, CA 94596 EXHIBIT A Contra Costa County Flood Control and Water Conservation District DRAINAGE AREA 1010 EXCLUSION OF LAND Real property situated in Contra Costa County, California. References to boundaries, property lines, ownerships, and acreages are to records of said County. Beginning at the north line of Lot 43 of Dougherty Ranch filed May 2, 1894, in Map book B at page 45; thence Southerly 1,980 feet, more or less, to an angel point on the south line of Lot 43 which bears North 82020'07" West 1,055.02 feet from the southeast corner of Lot 43; thence along the southerly and westerly boundary of said Lot 43 the following courses; South 85054'19" West 2,658.54 feet, South 62033'06" West 659.47 feet, North 23°54'51" West 199.91 feet and North 39034'20" East 383.05 feet to the southerly line of Lot 53 of said Dougherty Ranch (B M 45); thence along said line North 88015'04" West 1,572.49 feet to an angle point in said southerly line; thence leaving said line North 400 feet; thence North 650 West 850 feet; thence Northerly 900 feet, more or less; to a point on the centerline of Crow Canyon Road, being the end of a curve on said centerline, distant thereon 550 feet, more or less, form the west line of Lot 53 (B M 45); thence Northerly 1,050 feet, more or less to a point on the southeast line of Western Title Insurance Company 14.96 acre parcel recorded June 28, 1979, in Volume 9418 at page 586, which bears along said southeast line Southwesterly 1,100 feet from the north line of Lot 53 (B M 45); thence along said southeast line, Northeasterly 1,100 feet; thence along the north line of Lot 53, North 89045' East 1,500 feet, more or less, to the northeast corner of Lot 53, being a point on the west line to Tassajara Partners 20.12 acre parcel recorded June 7, 1984 in Volume 11825 at page 283; thence along said westerly line South 00015'00" East 1518 feet, more or less, to the southerly line of said Tassajara Ranch annexation; thence along said southerly line North 85015'00" East 2,678.76 feet, more or less to the southwesterly corner of that parcel map filed in book 81 of Parcel Maps, at Page 10, Contra Costa County records; thence continuing along said southerly line, being also along the southerly line of said Parcel Map (81 PM 101) North 89045'00" East 505.71 feet to the southwesterly corner of Parcel B of that Parcel Map filed in Book 6 of Parcel Maps, at Page 9 being also the southwesterly corner of the Vista Tassajara annexation to the Town of Danville; more or less to the point of beginning. 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D o � ® nog �+ CD Z. za CD a � D CO CD CD °`� o a m o :D r LEGAL NOTICE Contra Costa County Flood Control and Water Conservation District NOTICE OF PUBLIC HEARING The Board of Supervisors, as the governing board of the Contra Costa County Flood Control and Water Conservation District (CCCFC&WCD), has set 11:00 a.m. on June 14, 1994, in its chambers, County Administration Building, 651 Pine Street, Martinez, California, 94553, as the time and place for a hearing,on the exclusion of land located within the corporate boundaries of the City of San Ramon from Draina ge Area 1010. The exclusion of all territory located within the corporate boundaries of the City of San Ramon will relieve the CCCFC&WCD of its maintenance responsibility of improvements within the City limits. The City of San Ramon will create its own assessment district and will perform all required maintenance. A plan showing the area to be excluded, a boundary description, and engineer's report have been prepared for Flood Control Drainage Area 1010. These documents are on file and available for inspection at 255 Glacier Drive, Martinez, California, 94553, or at the office of the Clerk of the Board of Supervisors. At the public meeting, all persons interested in or affected by such change in the drainage area boundaries may appear and show cause as to why the change should not be made. The Board will consider all written and oral comments on the proposed action, rule on the adequacy of the environmental review, and either approve the proposed action, continue the proceedings, or abandon the proposed action. Published in accordance with Resolution No. 94/ 248 passed on May 3 1994. Attest: Phil ratchelnr, Clerk of the Board ot and County Administrator �WDA1010Y �c N/ By iYarco.24-.1994 Deputy Form 1024.1B < �J DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO. 7580-61) CP NO. al- -o5 ACTIVITY NAME: DA 1010 - Exclusion of Lands DATE: February 2 1994 PREPARED BY: Janet Frattini 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 that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY: The activity involves the exclusion of incorporated lands within the City of San Ramon from Drainage Area 1010 per the San Ramon City Council request (Resolution approved October, 1991). The Flood Control District Act allows for the exclusion of lands from incorporated cities within specified formed drainage areas. The exclusion dictates that the City assume the responsibility for collecting its own assessments as the Flood Control District will no longer levy benefit assessments. As a result of the exclusion, the Flood Control District has no legal maintenance obligations. If such obligations exist, they are extinguished with any exclusion of lands. Therefore, the City assumes all maintenance responsibilities. LOCATION: Drainage Area 1010 is located in the south county area of San Ramon. It is bordered on the north and south by Crow Canyon Road and the east and west by Dougherty Valley Road. The area encompasses approximately 150 acres. REVIEWED BY: - DATE: -2- z�s/ Vickie Germany, Environmental Planner APPROVED BY: DATE: Community Development R presentative c d.a10102.det form revised(527/93) 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: (510) 313-2296 Contact Person: Vickie Germany - Public Works Dept. Project Description, Common Name (if any)and Location: DRAINAGE AREA 1010 - EXCLUSION OF LANDS, County File #CP 93-3: The activity involves the exclusion of incorporated lands within the"City of San Ramon from Drainage Area 1010 per the San Ramon City Council request (Resolution approved October, 1991). The Flood Control District Act allows for the exclusion of lands from incorporated cities within specified formed drainage areas. The exclusion dictates that the City assume the responsibility for collecting its own assessments as the Flood Control District will no longer levy benefit assessments. As a result of the exclusion, the Flood Control District has no legal maintenance obligations. If such obligations exist, they are extinguished with any exclusion of lands. Therefore, the City assumes all maintenance responsibilities. Subject project is located in the south county area of San Ramon. It is bordered on the north and sruth by Crow Canyon Road and the east and west by Dougherty Valley Road. The area encompasses approximately 150 acres. This project is exempt from CEOA as a: Ministerial Project (Sec. 15268) _ Other Statutory Exemption, Section _ Declared Emergency (Sec. 15269(a)) xx General Rule of Applicability(Section 15061(b)(3)) Emergency Project (Sec. 15269(b) or (c)) Categorical Exemption, Class Section for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING 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: County Public Works Department Department of Fish and Game Fee - Exempt 255 Glacier Drive Martinez, CA 94553 County Clerk Fee $25 Due Receipt # Attn: Janet Frattini ENGINEER'S. REPORT FOR EXCLUSION OF LAND WITHIN SAN RAMON. FROM DRAINAGE AREA 1010 Prepared by the Staff of the Contra Costa County Flood Control and Water Conservation District 255 Glacier Drive Martinez, CA 94553 July 1993 1. RECOMMENDATION It is recommended that all territory located within corporate boundaries of the City of San Ramon be excluded from Contra Costa County Flood Control and Water Conservation District Drainage Area 1010. 2. LOCATION The Drainage Area is located in the Danville and San Ramon areas. The area is bounded by the Blackhawk development to the north and the southern boundary of the pending West Branch development to the south. The east and west boundaries are approximately the Dougherty Hills ridge line and Hansen Lane, respectively. The specific location is shown on Contra Costa County Flood Control and Water Conservation District Drawing D-12619. The area to be excluded is all that territory located within the corporate boundary of the City of San Ramon as shown on Contra Costa County Flood Control and Water Conservation District drawing D-12619.1. 3. REASONS FOR EXCLUSION 'In May, 1988, Drainge Area 1010 was formed to provide a legal entity under which benefit assessments can be levied for the maintenance of the existing creek, its flood and erosion control improvements, and so a regional detention basin could be levied. At the time, no affected City requested exclusion of territory from the proposed Drainage Area. In October,1991, the City Council of the City of San Ramon adopted Resolution 91-157 approving the removal of all territory located within corporate boundaries from Drainage Area 1010. 4. SUMMATION The exclusion of San Ramon from Drainage Area 1010 will relieve the Flood Control District of its maintenance responsibility of improvements within the City boundaries, and will therefore, eliminate the collection of benefit assessments. In return, the City of San Ramon will create its own assessment district and will perform the required maintenance PH:kdlpe cAfdlctl\DA 1010.Rpt February 22, 1994 RESOLUTION NO. 91-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON AUTHORIZING THE MAYOR TO APPROVE THE REMOVAL OF ALL TERRITORY LOCATED WITHIN CORPORATE BOUNDARIES OF THE CITY OF SAN RAMON FROM COUNTY DRAINAGE AREA 1010 - WEST BRANCH. WHEREAS, the .City is requesting all incorporated areas of the City of San Ramon be de-annexed from DA 1010 and that all benefit assessments be eliminated; and WHEREAS, the City of San Ramon will create an assessment district and will perform the required maintenance for the drainage facilities; and WHEREAS, the City of San Ramon recognizes that the Contra Costa County Flood Control District and Contra Costa County have no further responsibility to maintain drainage facilities within the incorporated areas of boundaries for the DA 1010. WHEREAS, the City of San Ramon reconfirms its commitment to the Capital Improvement Plan of Drainage Area 101A and agrees to collect development fees to support the plan. NOW, THEREFORE, BE IT RESOLVED that the City Council approves the de- annexation of the City of San Ramon from Drainage Area 1010 and authorizes the Mayor to request the Flood Control District to initiate the de-annexation proceedings. PASSED,APPROVED,AND ADOPTED, at their meeting of October 8, 1991 by the following vote: AYES: Council,nembers Boom, Garrison, Messreni, Oliver& Mayor Bennett NOES: None ABSENT: None ABSTAIN: None Wayne W. Bennett, Mayor ATTEST: /J iJ Jrrrtl•r{ _r71i(4 tJ=�.• t(=i= if .t ,L .f ✓ '� L% L7 ,+ Ly r'�� ):.i t. t:1:e .=r=.1 .a...a:.=:[ J:t •l 3'yAdv M:Harlane, City Clerk :��=-t.a:i.•q ,,,�••�,_,., 1:,, / NO . C) 6R - D D 2 r (7 D �,• � n O G 7 7 0 a 1 0�1\Q� 1 1 p13 o= p 00 ' D V) V) D C- <C J , z z ,• Cl) � ' r r- -o z n oN -p D -i m o � o� EXHIBIT A Contra Costa County Flood Control and Water Conservation District DRAINAGE AREA 1010 EXCLUSION OF LAND Real property situated in Contra Costa County, California. References to boundaries, property lines, ownerships, and acreages are to records of said County. Beginning at the north line of Lot 43 of Dougherty Ranch filed May 2, 1894, in Map book B at page 45; thence Southerly 1,980 feet, more or less, to an angel point on the south line of Lot 43 which bears North 82020'07" West 1,055.02 feet from the southeast corner of Lot 43; thence along the southerly and westerly boundary of said Lot 43 the following courses; South 85054'19" West 2,658.54 feet, South 62033'06" West 659.47 feet, North 23°54'51" West 199.91 feet and North 39034'20" East 383.05 feet to the southerly line of Lot 53 of said Dougherty Ranch (B M 45); thence along said line North 88*15'04" West 1,572.49 feet to an angle point in said southerly line; thence leaving said line North 400 feet; thence North 650 West 850 feet; thence Northerly 900 feet, more or less, to a point on the centerline of Crow Canyon Road, being the end of a curve on said centerline, distant thereon 550 feet, more or less, form the west line of Lot 53 (B M 45); thence Northerly 1,050 feet, more or less to a point on the southeast line of Western Title Insurance Company 14.96 acre parcel recorded June 28, 1979, in Volume 9418 at page 586, which bears along said southeast line Southwesterly 1,100 feet from the north line of Lot 53 (B M 45); thence along said southeast line, Northeasterly 1,100 feet; thence along the north line of Lot 53, North 89"45' East 1,500 feet, more or less, to the northeast corner of Lot 53, being a point on the west line to Tassajara Partners 20.12 acre parcel recorded June 7, 1984 in Volume 11825 at page 283; thence along said westerly line South 00015'00" East 1518 feet, more or less, to the southerly line of said Tassajara Ranch annexation; thence along said southerly line North 85015'00" East 2,678.76 feet, more or less to the southwesterly corner of that parcel map filed in book 81 of Parcel Maps, at Page 10, Contra Costa County records; thence continuing along said southerly line, being also along the southerly line of said Parcel Map (81 PM 101) North 89045'00" East 505.71 feet to the southwesterly corner of Parcel B of that Parcel Map filed in Book 6 of Parcel Maps, at Page 9 being also the southwesterly corner of the Vista Tassajara annexation to the Town of Danville; more or less to the point of beginning. 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