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Home My WebLink AboutMINUTES - 09162008 - SD.4A TO: BOARD OF SUPERVISORS, AS BOARD OF . ` '- Contra DIRECTORS FOR THE CALIFORNIA TRADEWINDS GEOLOGIC HAZARD ABATEMENT DISTRICT �; a Costa FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR ''A County Srq couK`c t DATE: September 16, 2008 • SUBJECT: HEARING to Adopt Resolution No. 2008/d4*'`Y approving the annexation of the Sea Breeze II subdivision to the California Tradewinds Geologic Hazard Abatement District("GHAD"), Bay Point area. (Tradewinds GHAD Funds) (District V) Project No.:7821-6X5046 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: 1. CONDUCT A HEARING TO ADOPT Resolution No.2008/ approving the annexation of the Sea Breeze II subdivision -into the California Tradewinds Geologic Hazard Abatement District ("GHAD") and approving and adopting the proposed First Amendment to California Tradewinds GI4AD Plan of Control ; and 2. ADOPT Resolution No. 2008/G�approving the annexation of the Sea Breeze II subdivision into the California Tradewinds GHAD and approving and adopting the proposed First Amendment to California Tradewinds GHAD Plan of Control, conditioned upon subsequent approval of the proposed assessment following an assessment ballot proceeding, and 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. CONTINUED ON ATTACHMENT: ❑x SIGNATURE: RECOAfAfENDATION OFCOUNTY ADAfINISTRATOR RECOMMENDATION OF BOXf6 COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON cQn��jyL�jG/lG �( APPROVED AS REC'OMAIENDED OVER !OTE OF SUPERVISORS: 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNAN/AfOUS(A/3SENT MINUTES OF THE BOARD OF SUPERVISORS ON THE . ADATE SHOWN. YES: NOES: ABSENT: ABSTAIN: Contact: Hillary Heard(313-2022) / G:\SpDist\Board Orders\2008\13oard Orders 9-16-08\Seabreeze 11 GHAD Board ATTESTED CO Order Adopt the Petition.doc VIOTWA,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: Assessor Conservation and Development County Counsel W.Lai.Engineering Services BY: Q EPUTY Tradewinds GHAD Manager A SUBJECT: HEARING to Adopt Resolution No. 2008/**** approving the annexation of the Sea Breeze II subdivision to the California Tradewinds Geologic Hazard Abatement District ("GHAD"), Bay Point area (Tradewinds GHAD Funds) (District V) Project No.:7821-6X5046 DATE: September 16, 2008 PAGE: 2 of 3 FISCAL IMPACT: There will be no impact on the County General Fund. Processing costs have been paid by the applicant. The applicant will also contribute to the California Tradewinds GHAD an amount equal to 40 percent of the total cumulative reserve amount in the California Tradewinds GHAD at the time the annexation resolution is adopted by the California Tradewinds GHAD Board of Directors ("GHAD Board"). In addition, the costs for any GHAD activities that occur within the boundaries of the land proposed to be annexed into the California Tradewinds GHAD will be covered with revenue generated through parcel assessments for the Sea Breeze II subdivision. The proposed assessment of$410.00 for each of the 17 improved lots in the subdivision will be considered at a subsequent assessment ballot proceeding. BACKGROUND AND REASONS FOR RECOMMENDATIONS: Due to the potential for land sliding,the Conditions of Approval for the Sea Breeze II project(Subdivision 8830); require that the Sea Breeze II subdivision be included within a GHAD prior to the issuance of the first building permit for the project. To satisfy this requirement, the developer of the Sea Breeze II subdivision has elected to petition the GHAD Board to annex the Sea Breeze II subdivision into the existing California Tradewinds GHAD. The territory to be annexed pursuant to the Petition for Annexation is currently owned by the developer. The boundaries of the territory to be annexed and the boundaries of the Sea Breeze II subdivision are the same,but are not contiguous with the boundaries of the 46-unit California Tradewinds Subdivision 7838 that is already part of the California Tradewinds GHAD. In connection with the proposed annexation,a proposed First Amendment to California Tradewinds GHAD Plan of Control has been prepared. The proposed First Amendment to California Tradewinds GHAD Plan of Control describes the work contemplated for the Sea Breeze II subdivision,including maintenance and monitoring activities, including slopes, retaining walls, subdrains, subdrain outlets, bioswales and associated benches. If adopted, the First Amendment to California Tradewinds GHAD Plan of Control would address geologic hazards within the Sea Breeze II subdivision. The First Amendment to California Tradewinds GHAD Plan of Control will not address geologic hazards within the California Tradewinds subdivision 7838. Funding for the GHAD activity on the territory proposed to be annexed to prevent, mitigate, abate and control landslides will be based on an assessment from each residential lot in the Sea Breeze II subdivision, and such funding will be collected and used in connection with the First Amendment to the California Tradewinds GHAD .Plan of Control (i.e., the Plan of Control for the Sea Breeze II subdivision). The proposed assessment of$410 for each of the 17 detached single residential units in the subdivision is supported by a detailed Engineer's Report prepared by a registered professional engineer certified by the State of California, and will be considered at a subsequent date in accordance with Proposition 218. County staff recommends that approval of the proposed annexation be conditioned upon subsequent approval of the proposed assessment following an assessment ballot proceeding and conditioned upon approval of the annexation by the County Board of Supervisors since approval of the legislative body that formed the GHAD is required under Public Resources Code section 26581. SUBJECT: HEARING to Adopt Resolution No. 2008/**** approving the annexation of the Sea Breeze II subdivision to the California Tradewinds Geologic Hazard Abatement District ("GHAD"), Bay Point area (Tradewinds GHAD Funds) (District V) Project No.:7821-6X5046 DATE: September 16, 2008 PAGE: 3 of 3 CONSEQUENCES OF NEGATIVE ACTION: The Conditions of Approval for the Sea Breeze II 'project (Subdivision 8830) require that the Sea Breeze 11 subdivision be included within a GHAD prior to the issuance of the first building permit for the project. If the annexation of the Sea Breeze II subdivision into the California Tradewinds GHAD is not approved,the-applicant would either need to initiate proceedings to form an independent GHAD or to request approval for annexation into another existing GHAD. If the GHAD Board does not proceed with this matter, satisfaction of this condition will likely be delayed and possibly may not occur. j sD,q THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BOARD OF DIRECTORS FOR THE CALIFORNIA TRADEWINDS GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Resolution on September 16, 2008 by the following vote: AYES: -dJ{�e� !'3. oma: 1L2� ter. td vc NOES: /Q cxn ABSENT: I,S vrLw_ ABSTAIN: RESOLUTION NO. 2008/_(0 SUBJECT: ADOPT Resolution No. 2008/**** approving the annexation of the Sea Breeze II subdivision to the California Tradewinds Geologic Hazard Abatement District ("GHAD"), Bay Point area (Tradewinds GHAD Funds) (District V) Project No.: 7821-6X5046. RECITALS: A. On June 10, 1997, the Contra Costa County Board of Supervisors adopted Resolution 97/297, approving and ordering the formation of the California Tradewinds Subdivision 7838 Geologic Hazard Abatement District ("GHAD") under authority of the California Public Resources Code (Division 17, commencing with Section 26500), and appointing itself to act as the Board of Directors for the California Tradewinds GHAD pursuant to section 26567 of the Public Resources Code. Included within the District were 46 single- -family residences and adjacent open spaces within the California Tradewinds Subdivision 7838. B. On August 19, 2008, the GHAD Board was presented with and reviewed the Petition for Annexation of Territory to the California Tradewinds GHAD ("GHAD Petition"), by DeNova Homes, Inc. In connection with the proposed annexation, the GHAD Board was also presented with and reviewed the proposed First Amendment to California Tradewinds GHAD Plan of Control, which is on file at the Clerk of the Board and the Contra Costa County Public Works Department. C. On August 19, 2008, the GHAD Board accepted the GHAD Petition and accepted the proposed First Amendment to California Tradewinds GHAD Plan of Control, and adopted Resolution No. 2008/ setting a hearing for September 16, 2008, to consider the proposed annexation. This hearing was noticed in accordance with Public Resources Code sections 26557, 26561, 26562 and 26563. D. On September 16,2008,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. At the hearing, owners of more than 50 percent of the assessed valuation of the property to be included in the California Tradewinds GHAD did not object to the annexation. SUBJECT: ADOPT Resolution No. 2008/**** approving the annexation of the Sea Breeze 11 subdivision to the California Tradewinds Geologic Hazard Abatement District ("GHAD"), Bay Point area(Tradewinds GHAD Funds) (District V) Project No.: 7821-6X5046. DATE: September 16, 2008 PAGE: 2 of 3 E. On September 16, 2008, the GHAD Board closed the hearing and, by Resolution, approved the annexation of the Sea Breeze II subdivision to the California Tradewinds GHAD, and approved and adopted the First Amendment to California Tradewinds GHAD Plan of Control. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ACTING AS THE BOARD OF DIRECTORS FOR THE CALIFORNIA .TRADEWINDS GEOLOGIC HAZARD ABATEMENT DISTRICT DECLARES, RESOLVES, FINDS AND ORDERS THAT: 1. This Resolution is made pursuant to: the provisions of Division 17 of the Public Resources Code with particular reference to Chapter 1 (commencing with section 26500), Article 3 (commencing with section 26550) and Article 4 (commencing with section 26561). 2. At the hearing, owners of more than 50 percent of the assessed valuation of the property to be included in the California Tradewinds GHAD (owners in existing GHAD and owners of territory to be annexed) did not object to the annexation or to the proposed First Amendment to California Tradewinds GHAD Plan of Control. . 3. The.GHAD Board hereby approves the annexation of the Sea Breeze 11 subdivision to the California Tradewinds GHAD as described in the GHAD Petition, subject to adoption of a resolution by the Board of Supervisors of Contra Costa County approving the annexation as required under Public. Resources Code section 26581, and conditioned upon subsequent approval of the proposed assessment following an assessment ballot proceeding. 4. The GHAD Board hereby approves and adopts the First Amendment to California Tradewinds GHAD Plan of Control. 5. This Resolution shall become effective immediately upon its passage and adoption. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Boar of Supervisors on the date shown. G:\SpDist\Boarcl Orders\2008\Board Orders 9-16-08\Seabreeze 11 BOS Resolution Adopt Annexation Petition.doc ATTESTED' Orig.Dept.:Public Works Department(Special Districts) DAVID TWA, Clerk of the Board of Contact: Hillary Heard(313-2022) cc: Assessor Supervisors d County Administrator Conservation and Developmcnt County Counsel W.Lai,Engineering Services By ,Deputy RESOLUTION No.2008/4 G