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Home My WebLink AboutMINUTES - 09162008 - SD.4B rw TO: BOARD OF SUPERVISORS '�—�`J =��' Contra FROM: JULIA R. BUEREN, PUBLIC WORKS,DIRECTOR e,"` - Costa x� ,.•.ice �� -i4 DATE: September 16, 2008 \Q sza courir ,j1 . S 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 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ADOPT Resolution 2008/ do approving the annexation of the Sea Breeze II subdivision into the California Tradewinds GHAD, conditioned upon subsequent approval of the proposed assessment following an assessment ballot proceeding. 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 adopteii 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 I1 subdivision. The proposed assessment of$410.00 for each of the 17 ilnpro ed lots int e subdivis' will be CONTINUED ON ATTACHMENT: ❑x SIGNATURE: REMILVEA'DATION OFCOUNTYADMINISTRATOR. RECOMMErON OF BQKRb COMMIT' E �y APPROVE OTHER SIGNATURE(S): / r/ ACTION OF BOARD ON C�� il/ � `(� ZUad •4PPROVED AS RECOMAfENDED _J::� O iER VOTF_OF SUPER VISORS: 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRf("i COPY OF AN ACTION TAKEN AND ENTERED .O-N UNANIMOUS(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON "MIL AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN:. Contact: I lillary Heard(313-2022) G:\SpDist\Board Orders\2008\Board Orders 9-16-08\Seabreeze 11 BOS Board Order ATTESTED Adopt the Petition(revised 9-4-08).doc DAVI 'WA,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: AssCssor Conservation and Development County Counsel W.Lai,Engineering Services . BY: DEPU'I Y Tradewinds GHAD Manager y Y� 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 DATE: September 16, 2008 PAGE: 2 of 2 BACKGROUND AND REASONS FOR RECOMMENDATIONS: considered at a subsequent assessment ballot proceeding. Due to the potential for land-sliding, the Conditions dl' 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 CHAD Board to annex the Sea Breeze I I 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. Public Resources Code section 26581 states that a proposed annexation is subject to approval of the legislative body that approved the formation of the original GHAD. Since the Board of Supervisors approved the formation of the California Tradewinds GHAD,approval of the Board of Supervisors is now necessary for the proposed annexation of the Sea Breeze II subdivision to the California Tradewinds GHAD. In connection with the proposed annexation,a proposed First Amendment to California Tradewinds GHAD Plan o 1. 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 become the First Amendment to the existing California Tradewinds GHAD Plan of Control and would address geologic hazards within the Sea Breeze I I 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 land proposed to be annexed into the California Tradewinds GHAD 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 recommend that approval of the proposed annexation be conditioned upon subsequent approval of the proposed assessment following an assessment ballot proceeding. 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 Board does'not proceed with this matter,satisfaction of this condition will likely be delayed and possibly may not occur. THE BOARD OF SUPERVISORS.OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 16, 2008 by the following vote: AYES: NOES: / &LJL- ABSENT: ABSTAIN: RESOLUTION NO. 2008/ SUBJECT: ADOPT Resolution No. 2008/ O-e/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. 2008/587 stetting a hearing for September 16, 2008, to consider the proposed annexation. This hearing was noticed in accordance with Public Resources Code sections 26557, 26561, 26.562 and 26563. SUBJECT: ADOPT Resolution.No. 2008/ 4o,:5—approving the annexation of the Sea Breeze II subdivision to the California Tradewinds Geologic Hazard Abatement District ("GRAD"), Bay Point area (Tradewinds GHAD Funds) (District V) Project No.: 7821-6X5046. DATE: September 16, 2008 PAGE: 2 of 2 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 GRAD did not object to the annexation. 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 DECLARES, RESOLVES, FINDS AND ORDERS THAT: 1. The Board of Supervisors of Contra Costa County hereby approves the annexation of the Sea Breeze II subdivision to the California Tradewinds GHAD as described in the GHAD Petition as required under Public Resources Code section 26581, conditioned upon subsequent approval of the proposed assessment following an assessment ballot proceeding. 2. 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 Board of Supervisors on the date shown. G:\SpDist\Board Orders\2008\Board Orders 9-16-08\Seabreeze 11 BOS Resolution Adopt Annexation Petition.doc ATTESTED- d Orig.Dept.:Public Works Department(Special Districts) DAVID A Clerk of the Board of Contact: Hillary Heard(313-2022) cc: Assessor Supervisors and County Administrator Conservation and Development County Counsel W.Lai.Engineering Services By Uty RESOLUTION No. 2008/