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Home My WebLink AboutMINUTES - 04122005 - SD.6 ,BOARD OF SUPERVISORSAS GOVERNING -•-s L ,� --° ContraT . - ��A ••. BOARD OF THE FLOOD CONTROL&WATER - CONSERVATION DISTRICT Costa ,....yes FROM: MAURICE M. SHIU CHIEF ENGINEER Count cou DATE: April 12, 2005 S*b 4(40 y SUBJECT: ADOPT Resolution 2005/9)2.Amending Boundary of Flood Control&Water Conservation District Zone 2, Byron Area. (District III)Project No. 7521-6D8219, CP No. 04-27 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: 1. OPEN a Public Hearing today at 9:30 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, to hear if there are any objections to revising the Flood Control District Zone 2 Boundary. 2. ADOPT Resolution 2005]AAmendin Flood Control District Zone 2 Boundary. g ry 3. ACCEPT Engineer's Report 4. DETERMINE that the boundary amendment for Flood Control Zone 2, is not subject to the California Environmental Quality Act(CEQA)pursuant to Article 5,Section 15061 (b)(3),and Article 20,Section 15378 (b)(4) of the CEQA guidelines. 5. DIRECT Director of Community Development to file a Notice of Exemption. 6. AUTHORIZE the Chief Engineer to arrange payment of a $25 fee to the Community Development Department for processing and a$25 fee to t e County Clerk for filing the Notice of Exe tion. 7. Continued on Attachment: ® SIGNATURE: "�- [RECOMMENDATION OF COUNTY ADMINISTRATOR F-1 RE MMENDATI 0 OARD COMMITTEE g--7XI`PROVE ❑ OTHER SIGNATURE(S): ACTION OF BO ON �f APPROVED AS COMMENI&D OTHER ❑ V TE OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on RVF:cw the date shown. G:\GrpData\FldCtl\Board Orders 2005 Onward\2005 BO\BO-hearing FCZone2 4-12-05.doc Orig.Dept.:Public Works(Flood Control) Contact: Bob Faraone(925)313-2390 r cc: County Administrator � �. County Assessor ATTESTED: County Auditor—Controller JOHN SWEETE Cl of the Board of Supervisors and County Building Inspection � p Community Development—D.Kelley Administrator County Counsel County Treasurer—Tax Collector Public Works: Flood Control Engineering Services Environmental—T.Torres B Deputy Building Industry Association P.O.Box 5160 San Ramon,CA 94583 SUBJECT: ADOPT Resolution 2005141e Amending Boundary of Flood Control&Water Conservation District Zone 2,Byron Area. (District III)Project No. 7521-6D8219, CP No. 04-27 DATE: April 12, 2005 PAGE: 2 of 2 FISCAL IMPACT: There will be no impact to the County General Fund. All Costs will be covered with revenue from Zone 2 Funds. REASONS FOR RECOMMENDATIONS AND BACKGROUND: In August 1994, the adjacent Flood Control & Water Conservation District Zone 1 Boundary and Plan were Amended due to recent improvements in topographic survey information. Flood Control & Water Conservation District Zone 2 boundary has not been changed since its formation in 1954. Theproposed Boundary amendment updates the Zone 2 boundary to be consistent with the previously amended boundary of Flood Control Zone 1 watershed. CONSEQUENCES OF NEGATIVE ACTION,: Should this be denied, the boundaries of Flood Control Zones 1 &2 would remain inconsistent. I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 9 CALIFORNIA AS THE GOVERNING BOARD OF THE FLOOD CONTROL &WATER CONSERVATION DISTRICT Adopted this Resolution on April 12, 2005,by the following vote: 0 ? b AYES: ,00ee 1�/tr��" •^'•fit V/i. (,, I * .� NOES: ar� ABSENT: /\A ABSTAIN: RESOLUTION NO. 20051A/a*0L SUBJECT: The Amendment of Contra Costa County Flood Control and Water Conservation District Zone 2 Boundary(Kellogg Creek Watershed), and determination that the activity is not subject to the California Environmental Quality Act(CEQA)pursuant to Article 5,Section 15061 (b)(3) and Article 20, Section 15378 (b)(4) of the CEQA Guidelines, Byron area. Project No. 7521-6D82191, CP #04-27 The Board of Supervisors of Contra Costa County,as the Governing Body of the Contra Costa County Flood Control &Water Conservation District,RESOLVES THAT; On March 15,2005,this Board set a public hearing to consider an amendment to the zone boundary for Flood Control Zone 2. On April 12, 2005, pursuant to the Board's Resolution of March 15, 2005, this Board held a hearing to consider the amendment to the zone boundary for Flood Control Zone 2. At that time, all written and oral objections concerning this action were considered. RVF:cw G:\GrpData\FldCtl\Board Orders 2005 Onward \2005 BO\FCZ 2 Boundary Res Hearing 4-12-05.doc Orig.Dept.:Public Works(Flood Control) I hereby certify that this is a true and correct copy of an Contact: Bob Faraone(925)313-2390 action taken and entered on the minutes of the Board of cc: Public Works: Flood Control Supervisors on the date shown. Engineering Services Environmental—T.Torres Building Inspection Community Development—D.Kelley ATTESTED: toe, 01 County Administrator JOHN SWEETEN, Jerk of the Board of Supervisors and County Assessor County Ad "'istrator County Auditor—Controller County Counsel County Treasurer—Tax Collector Building Industry Association By , Deputy P.O.Box 5160 San Ramon,CA 94583 RESOLUTION NO. 2005/ o091:0 SUBJECT: Amendment of the Flood Control District Zone 2 Boundary DATE: April 12, 2005 PAGE: 2 ,a4 vao�/e,e, L 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 2. 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 March 155 2005. This Board DETERMINES that the boundary amendment for Flood Control Zone 2, is not subject to the California Environmental Quality Act (CEQA)pursuant to Article 5, Section 15061 (b)(3), and Article 20, Section 15378 (b)(4) of the CEQA guidelines. This Board hereby DIRECTS the Director of Community Development to file a Notice of Exemption, (the custodian of which is the Chief Engineer,who is located at 255 Glacier Drive,Martinez). 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 ACCEPTS the Engineers Report and FINDS that good cause exists for the amendment of the zone boundary for Flood Control Zone 2 and ORDERS that the zone boundary, as shown on the map entitled"Flood Control Zone 2,Amended Boundary Map FD-3119 dated January 19,2005,"proposed to be instituted for Flood Control Zone 2 and on file with the Clerk 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) _Q!a3_Q- A- CP NO.: 04-27 FILE NO.: Project No.-, -7 �5 ACTIVITY NAME: Flood Control Zone 2 Plan - end Boundary DATE: July 28, 2004 PREPARED BY: Trina Torres This activity is not subject to the California Environmental Quality Act(CEQA) pursuant to Article 5, Section 15061 (b)(3) and Article 20, Section 15378 (b)(4) of the CEQA Guidelines. It can be seen with certainty there is no possibility that the activity may have a significant adverse effect on the environment, therefore the activity is exempt from CEQA. [Article 5, Section 15061 (b)(3)] In addition, this activity is nota project under CEQA. A project does not include the creation of government funding mechanisms or other government fiscal activities,,which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. [Article 20, Section 15378 (b)(4)] DESCRIPTION OF THE ACTIVITY: The activity consists of revising the Flood Control Zone 2 (FCZ-2} Plan boundary to align with the amended boundary of Flood Control Zone 1 (FCZ-1). In August 1994, the adjacent FCZ-1 boundary (southeast) was revised to support development in the area. The revision changed FCZ-2's northwest boundary. However, FCZ-2 has not been revised to reflect the boundary change since its formation in 1954 (Fig. 3). FC Z-1 is within the Marsh Creek Watershed. FCZ-2 is within the Kellogg Creek Watershed and contains three major creeks; Kellogg Creek, Brushy Creek, and Frisk Creek. FCZ-2 is bounded by Marsh Creek Road (north), Alameda County line (south), Byron Highway(east), and Los Vaqueros Reservoir (west). (Fig. 4) Construction of the regional flood control improvements on the zone plan will be from development drainage area fees and any impacts associated with the improvements will be addressed by the developer's CEQA analyses. The fee ordinances now in effect for the drainage areas will not change as a result of the activity. LOCATION: The activity is located in unincorporated East Contra Costa County in the Byron area. (Figure 1-4). REVIEWED BY: A-V" DATE: Le' Chavez It Per III APPROVED BY: K�Ce� DATE: Community Development Representative G:\GrpData\EngSvc\ENVlR0\Flood Control\FCZone 2 Amend Plan Boundary\CEQA\DetExempt.docs X05 At f 'J f ki a t t ,ny lCD x^ `I' 1D O CL CD `� 4 tz C t to .�CD 00 r cCDu f � f Q m L tuft3 *a t„ CL o 1, 0 ca t C ' Ir db CD ir • O O 4 Yy ''b4 .N'h�a2k", h }+ PPS y�qll}, KF hN.K :.,n a�j''";a��1A ?1.i[,roa'{t�� 24�./F' `'�iC��A•8d tit •6 1 y icy �rwo��- .e x��_s�a3�,'�E:SP}.`eC`7@F�yreW"�`�✓s�✓.��'�Krt� :.. �5�'�ti+9�i��.�"+� d.iwS5 r s, x v xg � O Q � n� N D bi 0 4 t a t �t 4 r r ap l r • i Z � r � $t R f� i QL 9 ca't N P 4 Q to �Cn4 o 0t N a I ' { l -Till f � _ ...... , 1 � _ t• N� _. t E E i f n F Sl/'047� I ' } E 4 '�.✓tel '',,�, z. 1 � i \ ., : 7 ' Cr � _ to C) - ORCHA140 LN o 9p VN t�6iqoo � ' r �l O> a�zn i Tj a5 ( f , � 1 r Q \ ., / f 1 A IN .. f � AF4mlt pD - - .• : O E t D AY r. TMIINOMI 44 ff , i N7RTN WAY // ~ M so Q C.) 000 G j V , y t ' cog z 7 fn z �7� f `•`. r < tlTl_ lo ma 4`v m m a vN t6- 0 R N I A QUA 'Y ACT g;2 CALIFf ENVIRONMENTAL ALI 1 C�.51 Not ice of tion 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 Project Descri,ption, Common Name (if any) and Location: Flood Control Zone 2 Plan end Boundary, County File CP#04-27. Project Description: The activity consists of revising the Flood Control Zone 2 (FCZ`-2} Plan boundary to coincide with the amended boundary of Flood Control Zone 1 (FCZ-1). In August 1994, the adjacent FCZ-1 boundary(southeast)was revised to support development in the area. The revision inadvertently changed FCZ-2's northwest boundary. But,FCS'-2 has not been revised to reflect the boundary change since its formation in 1954. FCZ-1 is within the Marsh Creek Watershed. FCZ-2 is within the Kellogg Creek Watershed and contains three major creeks; Kellogg Creek, Brushy Creek, and Frisk Creek. FCZ-2 is bound by Marsh Creek Road (north), Alameda County line (south), Byron Highway (east), and Los Vaqueros Reservoir (west). Construction of the regional flood control improvements on the zone plan will be from development drainage area fees. The fee ordinances now in effect for the drainage areas will not change as a result of the activity. Location: The activity is located in unincorporated East Contra Costa County in the Byron area. This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) Other Statutory Exemption, Section Declared Emergency(Sec. 15269(a)) General Rule of Applicability[Section 15061(b)(3)] Emergency Project(Sec. 15269(b) or(c)) Categorical Exemption, 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 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: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee $50 Due G:\GrpData\EngSvc\ENV1R0\Flood Control\FCZone 2 Amend Plan Boundary\CEQA\NOE.doc I I-rY ACT I-"'NMEN-rAL QUA' ,t CALIFORNIA ENVIRfl.) t Not ice of tion 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 Description, Common Name (if any) and Location: Flood Control Zone 2 Plan - end Boundary, County File CP#04-27. Project Description: The activity consists of revising the Flood Control Zone 2 (FC.-2} Plan boundary to coincide with the amended boundary of Flood Control Zone 1 (FCZ-1}. In August 1994, the adjacent FCZ-1 boundary(southeast)was revised to support development in the area. The revision inadvertently changed FCZ-2's northwest boundary. But,FCZ-2 has not been revised to reflect the boundary change since its formation in 1954. FCZ-1 is within the Marsh Creek Watershed. FCZ-2 is within the Kellogg Creek Watershed and contains three major creeks; Kellogg Creek, Brushy Creek, and Frisk Creek. FCZ-2 is bound by Marsh Creek Road (north), Alameda County line (south), Byron Highway (east), and Los Vaqueros Reservoir (west). Construction of the regional flood control improvements on the zone plan will be from development drainage area fees. The fee ordinances now in effect for the drainage areas will not change as a result of the activity. Location: The activity is located in unincorporated East Contra Costa County in the Byron area. This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) Other Statutory Exemption, Section Declared Emergency(Sec. 15269(a)) V, General Rule of Applicability[Section 15061(b}(3}] Emergency Project(Sec. 15269(b) or(c)) Categorical Exemption, for the fol'towilung reason(s): It can be seen with certainty that there is no possibility that the activity may havg..n.' 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: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee $50 Due G:\GrpData\EngSvc\ENV1R0\Flood ControITCZone 2 Amend Plan Boundary\CEQA\NOE.doc PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: March 21, 28 all in the year of 2005 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 28 day of Mar 2005 ........... .. .......... . ......... ........... .............. ........................... �i3i *nature Contra Costa Times P 0 Box 4147 Walnut Creek, CA 94596 (925) 935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT NOTICE OF PUBLIC HEARING The Board of Supervisors as the Governing Body of the Contra Costa County Flood Control and Water Conservation District,has set 9:30 am.on Tuesday, April 12,2005,In its cham- bers, County Administra- tion Building, 651 Pine Street, Room 107, an Martl- n California,as the time place for a hearing on amending the zone boun- dary for Flood Control Zone 2Kellogg Creek Wa- tershed under the provi- sions the Flood Control District Act The proposed zone amend- ment provides for updat- ing the zone boundary to coincide with Flood con- trol Zone 1, amended on August 2,1994. The proposed zone boun- dary amendment and an engineer's report are on file and available for In- spection at the Contra Cos- ta County Flood Control and Water Conservation District office,255 Glacier Drive,Martinez California, or at the office of the Clerk of the Board of Su- pervisors. At the public hearing,the Board will consider all written and oral com- ments on the proposed ac- tion,rule on the adequacy of the environmental re- view, and either approve the proposed action,con- tinue the proceedings, or abandon the proposed action. For questions regarding the hearin contact Bob Faraone at(925?313-2390. By order of the Board of Supervisors of Contra Cos- ta County, John Sweeten Clerk of Board of Supervi- sors and County Admiril- strator. By Emy L Sharp,Deputy Date:March 15,2005 Legal CCT 2358 Publish March 21,28,2005