HomeMy WebLinkAboutRESOLUTIONS - 10172006 - 2006-638 THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BOARD OF DIRECTORS FOR THE
BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT
Adopted this Resolution on October 17, 2006 by the following vote:
AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006/638
SUBJECT: ADOPT Resolution No. 2006/638 approving the annexation of the Canyons at Blackhawk
Territory into the Blackhawk Geologic Hazard Abatement District(GHAD)and approving
the Second Amended Blackhawk GHAD Plan of Control,Danville area.(Blackhawk GHAD
Funds) (District I1I)Project No. 7496-6X5584
(Pursuant to Division 17 of the Public Resources Code with particular reference to Chapter 1
(commencing with Section 16500) and Chapter 2, Article 3 (commencing with Section 26550) and
Article 4 (commencing with Section,26561)
RECITALS:
A. On April 22, 1986,the Board of Supervisors adopted Resolution No. 86/210,approving and ordering the
formation of the Blackhawk Geologic Hazard Abatement District and appointing itself to act as the Board of
Directors of the GHAD (GHAD Board).
B. On September 26,2006,the GHAD Board was presented with a Petition for Annexation of Territory to
the Blackhawk GHAD (GHAD Petition)by the Canyons at Blackhawk Owners' Association. In connection
with the proposed annexation, the GHAD Board was also presented with a proposed Second Amended
Blackhawk GHAD Plan of Control which is on file at the Clerk of the Board and the Public Works
Department.
C. On September 26,2006,the GHAD Board adopted Resolution No. 2006/545 accepting the Petition and
accepting the Second Amended GHAD Plan of Control and setting a hearing for October 17,2006 to consider
the proposed annexation and proposed revisions to the Plan of Control. This hearing was noticed in
accordance with Public Resources Code sections 26562 and 26563.
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 the date shown.
G:\SpDist\Board Orders\2006-Board Orders\10-17-06 BO Blackhawk(2) Reso.dOC ATTESTED: Oct o CJC-r I mb
Orig.Dept.:Public Works(Special Districts)
Contact: Eric Whan (313-2242) JOAN CULLEN,Clerk of the Board of upervisors and
cc: County Administrator County Administrator
County Counsel
GRAD File
E.Dot J
E.Doten,Special Districts B
General Manager,Blackhawk GHAD y
Deputy
RESOLUTION NO. 2006/638
SUBJECT: ADOPT Resolution No. 2006/638 approving the annexation of the Canyons at Blackhawk
Territory into the Blackhawk Geologic Hazard Abatement District(GHAD), Danville
area. (Blackhawk GHAD Funds) (District III)Project No. 7496-6X5584
DATE: October 17, 2006
PAGE: 2 of 2
D. On October 17, 2006,the GHAD Board held a public hearing on the proposed annexation. At the
time set for the hearing,the GHAD Board was presented with any and all objections to the annexation
made pursuant to Public Resources Code Section 26564.
THE BOARD OF DIRECTORS OF THE BLACKHAWK GEOLOGIC HAZARD ABATEMENT
DISTRICT RESOLVES AND ORDERS THAT:
1. At the hearing, owners of more than 50 percent of the assessed valuation of the property to be
included into the Blackhawk GHAD did not object to the annexation or the proposed Second Amended
Blackhawk Plan of Control.
2. The GHAD Board hereby approves the annexation of the Canyons at Blackhawk Territory to the
Blackhawk GHAD as described in the GHAD Petition subject to the adoption of a resolution approving
the annexation by the Board of Supervisors of Contra Costa County as required under Public Resources
Code Section 26581.
3. The GHAD Board approves and adopts the Second Amended Blackhawk GHAD Plan of Control,
which supersedes all prior versions of the Plan of Control in its entirety.
4. This Resolution shall become effective immediately upon its passage and adoption.
10/16/06 14:40 FAX _ A 002
- l
TO: BOARD OF SUPERVISORS,AS GOVERNING BOARD OF THE
BLACKIIAWK GEOLOGICAL HAZARD ABATEMENT DISTRICT
FROM: Sharon&GaryLieroth
356 Red Maple Drive
Danville,California 94506
Parcel#2035300751
T05435 1,0110 B
DATF,: October 15,2006
SUBJECT: RESOLUTION NO. 2006/545
REGARDING THE PETITION BY THE CANYONS AT BLACKHAWK
OWNERS' ASSOCIATION FOR ANNEXATION OF TERRITORY TO THE
BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT AND THE
REVISIONS TO 17M BLACKHAWK GRAD PIAN OF CONTROL
Paragraph(g)of the subject Petition advises that the"Petitioner does not anticipate that the
annexation of the proposed territory will result in additional significant expense to the GI-IAD in
preventing,mitigating,abating or controlling any geologic hazards in the territory to be annexed."
However,the information provided by Petitioner does not establish a factual basis for this
conclusion. The Berlogar Geotechnical Consultant's geotechnical investigation that is referenced
is dated July 19, 1989. This investigation should be updated with a current investigation based on
the existing conditions and an updated assessment for the future based on the performance of the
developments to date.
Paragraph(g)of the subject Petition also advises that"[r]eview of the records maintained by the
[Canyons] Association for all properties proposed to be annexed revealed no incidences of
geologic activity since original development of the Association" Attached is a copy of nine
photographs taken last Friday on Blackhills Place that indicate several roadway cracks up to '/."
width and hillside slippage above the roadway. The close-up photo of one of the larger roadway
cracks indicates that additional cracking occurred after previous roadway crack repairs.
The Board should defer a decision on this Petition pending the Petitioner providing the additional
investigations and information necessary to adequately evaluate this Petition and revised
Blackhawk GRAD Plan.
Signed:
Sharon Zierotl5
G �iex'oth
Walter&Barbara Brown
528 Buttonwood Drive
Danville, CA 94506
October 13, 2006
Richard Short
Blackhawk GHAD
4125 Blackhawk Plaza Circle
Suite 103
Danville, CA 94506
Subject: Annexation of Territory to Blackhawk GHAD
Dear Mr. Short,
As a homeowner and member of Blackhawk, I am writing to you to express my
objection to the annexation of the Canyons at Blackhawk to the Blackhawk
GRAD.
The report subMitted to the Homeowners contains old information, in particular
the Berlogafr Report that was done years before the hillsides were modified
extensively by the Canyons developer. As you know, our hills are unstable and
the danger of failure is real. As an engineer, and having worked in the mining
industry the last couple of decades along side several Registered Geologists, I
do not feel I am being unreasonable.
am not interested in taking on liability regarding that parcel of land, and object to
the proposed annexation.
Very truly yours,
Walter Brown Barbara Brown
Lot 8
Subdivision 5439
Map Book 229, page 1
Contra Costa County Records
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HEARING CONFIRMATION FORM
Hearing Date: October 17, 2006
Name of Person Phoning to Request Hearing: Eric Whan Phone No.: 313-2242
Hearing Date Confirmed with: Emy Sharp of Clerk of the Board Staff on: September 19, 2006
Agenda.Language (how it will read on the calendar):
ADOPT Resolution 2006/545 accepting the Canyons at Blackhawk Owners' Association Petition
for Annexation of Territory into the Blackhawk Geologic Hazard Abatement District (GRAD),
accepting the Second Amended Blackhawk GHAD Plan of Control, and fixing a hearing for
October 17, 2006 to consider the Petition for Annexation of Territory, Danville area. (Blackhawk
GHAD Funds) (District III) Project No. 7496-6X5584
1. Anticipated length of the hearing: 5 minutes or less X or more
2. Is it controversial'? Yes No X
3. Noticing Requirements: Yes_
Code Section: to be provided directly to the Clerk of the Board by
Beatrice Liu, County Counsel Office
4. Publication Requirements: # of times _# of days before hearing N/A
5. Who is to 'Publish the Notice? COB PWD X
It is the responsibility of the department to provide the appropriate notice. Some notices are adopted by Board
Resolution;the publication cannot be ordered until the Resolution is adopted by the Board of Supervisors.
6. If posting of notice is required, who will post? N/A
7. If mailing the notice is required, who will provide the clerk with the correct mailing list
and labels? N/A
8. When will this "fix hearing item" be listed on the Board agenda as a consent item?
September 26, 2006
0 0
--, "Samantha Johnson" To: <eshar@cob.cccounty.us>
<sjohn@pw.cccounty. cc: "Joellen Waters"<jwate@pw.cccounty.us>
l"!w us> Subject: Hearing Confirmation Form
09/20/2006 02:10 PM
Emy,
Here is the Hearing Confinuation Form for the October 17, 2006 hearing for Blackhawk.
Please let me know if you need any additional information.
Samantha Johnson
Clerk-Experienced Level
Contra Costa County Public Works Department
Special Districts/Environmental
255 Glacier Drive
Martinez, CA 94553-4825
i Phone: (925) 313-2170
Fax: (925)313-2333
email siolm(cDpw.cccounty.us
website:www.co.contra-costa.ca.us/depart/pw
"Accredited by the American Public Works Association"
09-26-06 BO Blackhawk Hearing Conf Rec
SE �
TO: BOARD OF SUPERVISORS, AS GOVERNING Contra
BOARD OF THE BLACKHAWK GEOLOGICAL
HAZARD ABATEMENT DISTRICT ci s Costa
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR costa
•cou :�4"`k County
�o �
r� zi� C 1„1}`
DATE: September 26, 2006
SUBJECT: ADOPT Resolution 2006/545 accepting the Canyons at Blackhawk Owners' Association Petition for
Annexation of Territory into the Blackhawk Geologic Hazard Abatement District (GHAD), accepting
the Second Amended Blackhawk GHAD Plan of Control, and fixing a hearing for October 17, 2006 to
consider the Petition for Annexation of Territory, Danville area. (Blackhawk GHAD Funds) (District
III) Project No. 7496-6X5584
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
1. ACCEPT the Canyons at Blackhawk Owners' Association Petition for Annexation of Territory into the existing
Blackhawk GHAD;
2. ACCEPT Second Amended Blackhawk GHAD Plan of Control;
CONTINUED ON ATTACHMENT: 1E SIGNATURE: _ �—✓
`G RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOA D ��T ,6��/aZG LOVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN .AND ENTERED ON
UNANIMOUS(ABSENT /t/9077 ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact:
ED:sj
G:\SpDist\Board Orders\2006-Board Orders\09-26-06 BO Blackhawk.doc ATTESTED 1= ;�Tr,)6v7�a�� q2u-e�
JOHK CULLEN,CLERK OF THE BOARD OF
w SUPERVISORS AND COUNTY ADMINISTRATOR
cc: County Administrator
Assessor
Auditor-Controller _
Community Development BY: ,DEPUTY
County Counsel
E.Doten,Special Districts
_. Blackhawk GHAD File
General Manager,Blackhawk GHAD
Attachments: A-Petition for Annexation of Territory
B-Second Amended Blackhawk GHAD Plan of Control
C-Blackhawk GHAD General Manager Letter Dated September 8,
2006 re:The Canyons at Blackhawk Annexation Documents
-..5�".':t b„n 1vu�'...l4x�Lu-.._' � .$ Ut.,',6.*.,...c�r�'i vSn,..Y,_k^�F<�s.t44.P,r+.",+s-4u._r.dW -.,7:" yio_-.-. ._-'gid"_ sem,etal..o�` .»"-'.:�.1'J.i,.,t..7k��:'�,.�,x5c.»�«.fitEr .�. _- „-�,.,a.e ?Y'4,4..`�?t•
SUBJECT: ADOPT Resolution906/545 accepting the Canyons at BlacicIiawk Owners' Association Petition
for Annexation of Territory into the Blackhawk Geologic Hazard Abatement District (GHAD),
accepting the Second Amended Blackhawk GHAD Plan of Control, and fixing a hearing for
October 17, 2006 to consider the Petition for Annexation of Territory, Danville area. (Blackhawk
GHAD Funds) (District III) Project No. 7496-6X5584
DATE: September 26, 2006
PAGE: 2 of 3
RECOMMENDED ACTION: (continued)
3. ADOPT attached Resolution 2006/545 fixing hearing on aforementioned Petition for Annexation and directing
notice thereof be mailed to each owner of real property proposed to be annexed to the Blackhawk GHAD and to
each owner of real property currently within the GHAD boundaries
4. FIX a Public Hearing for October 1,7,2006 at 9:30 a.m. in Room 107 of the Board of Supervisor's Chambers,651
Pine Street, Martinez, California, to consider the proposed annexation of territory into the existing Blackhawk
GHAD, and to hear any written objections thereto; and
5. DIRECT the Public Works Director, or designee, to mail, a written notice of the hearing on the Petition for
Annexation along with a copy of the petition and proposed resolution to all owners of real property within the
proposed district pursuant to Public Resources Code Sections 26557, 26561, 26562 and 26563.
FISCAL IMPACT:
There will be no impact to the County General Fund. All costs for the operation of Blackhawk GHAD are paid for
through revenue derived from County Service Area M-23. The GHAD manager anticipates a fiscal impact to the
GHAD of about$5,000 annually to inspect and clean the v-ditches. The GHAD manager further anticipates the cost
of cleanup of debris flows to be$10,000 to$50,000 annually. Administrative costs for addressing owner concerns
(based on the average per unit in the Blackhawk GHAD) should total about $2,000 annually. The total estimated
fiscal impact is $17,000 to $57,000.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
On April 22, 1986, the Board of Supervisors adopted Resolution No. 86/209 which extended the services to be
performed by County Service Area M-23 (CSA M-23) to include geologic hazard abatement. By Board of
Supervisors' Resolution No. 86/210,the Blackhawk Geologic Hazard Abatement District was formed to take over
geologic hazard abatement services within most,but not all of,the M-23 geographic area. Funding for the GHAD
comes from a portion of CSA M-23 revenues which are received from ad valorem tax, based upon the assessed
value of all real property located within CSA M-23. Currently, all real property within the proposed area to be
annexed (consisting of parcels owned by 37 individual property owners and The.Canyons at Blackhawk Owners' ,
Association)is located within the geographic boundaries of CSA M-23,but is not included within the boundaries of
the Blackhawk GHAD. In order to take advantage of the GHAD services for which property owners are already
paying, the Canyons at Blackhawk Owners' Association filed a Petition for Annexation of Territory(Attachment
A). If the annexation is approved, the boundaries of the Blackhawk GHAD and CSA M-23 will be identical.
The area to be annexed includes 25 acres of common area, consisting mostly of sloping terrain. The annexed
facilities to be maintained by the GHAD include 4,000 lineal feet of concrete v-ditches. These ditches are
approximately 10 years old and are in good condition. By comparison, the v-ditches currently in the Blackhawk
GHAD are approximately 20 years old.
Blackhawk GHAD Policies and Procedures related to annexations have been followed in preparing the annexation
SUBJECT: ADOPT ResolutionQ06/545 accepting the Canyons at Blackliawk Owners' Association Petition
for Annexation of Territory into the Blackhawk Geologic Hazard Abatement District (GRAD),
accepting the Second Amended Blackhawk GHAD Plan of Control, and fixing a hearing for
October 17, 2006 to consider the Petition for Annexation of Territory,Danville area. (Blackhawk
GHAD Funds) (District III)Project No. 7496-6X5584
DATE: September 26, 2006
PAGE: 3 of 3
materials. These procedures allow the GHAD General Manager to waive in writing,information from the applicant
not otherwise required by state law. In this petition for annexation the General Manager has waived certain
requirements and addressed the waivers in a letter dated September 8, 2006 (Attachment Q.
In connection with the proposed annexation,revisions to the Blackhawk GHAD Plan of Control have been made to
reflect the following: (1)Corrections to the legal description of current GHAD boundaries and(2) legal description
of the area to be annexed into the GHAD. If adopted, the Second Amended Plan of Control (Attachment B) will
replace in its entirety the current Plan of Control originally adopted on April 22, 1986 and amended on May 25,
2004.
CONSEQUENCES OF NEGATIVE ACTION:
The owner-members of The Canyons at Blackhawk have been supporting GHAD activities through property taxes
for CSA M-23, however, they are not within the Blackhawk GRAD nor have they received the benefits that the
GHAD provides. If the Blackhawk GHAD Board does not proceed in this matter, The Canyons at Blackhawk will
be denied the benefits of landslide prevention,mitigation and repair provided by the Blackhawk GHAD and it could
potentially place the Canyons at Blackhawk at risk.
,.