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HomeMy WebLinkAboutRESOLUTIONS - 07222008 - 2008-534 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 22, 2008 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, AND GLOVER NOES: NONE ABSENT: P flahc I ABSTAIN: NONE RESOLUTION NO. 2008/ `'f SUBJECT: ADOPT Resolution No. 2008 approving the annexation of the Spanish Trails subdivision into the Hillcrest Heights Geologic Hazard Abatement District ("GHAD"), El Sobrante area. (Hillcrest Heights GHAD Funds) (District I)Project No.: 7756-6X5047. (Pursuant to Division 17 of the Public Resources Code with particular reference to Chapter I (commencing with Section 26500) and Chapter 2, Article 3 (commencing with Section 26550) and Article 4 (commencing with Section 26561) RECITALS: A. On July 23, 1996, the Contra Costa County Board of Supervisors adopted Resolution No. 96/329, approving and ordering the formation of the Hillcrest Heights Subdivision 7582 Geologic Hazard Abatement District ("Hillcrest Heights GHAD") and appointing itself to act as the Board of Directors of the GHAD ("GHAD Board"). This formation was described in the petition dated May 8, 1996 and in the GHAD Plan of Control dated May 8, 1996. B. On June 24, 2008, the GHAD Board was presented with and reviewed the Petition for Annexation of Territory to the Hillcrest Heights GHAD ("GHAD Petition") by The Austin Group LLC. In connection with the proposed annexation, the GHAD Board was also presented with the proposed Hillcrest Heights GHAD Plan of Control for Spanish Trails, which is on file at the Clerk of the Board of Supervisors and the Public Works Department. C. On June 24, 2008, the GHAD Board accepted the GHAD Petition and accepted the proposed Hillcrest Heights GHAD Plan of Control for Spanish Trails and adopted Resolution No. 2008/449 setting a hearing for July 22, 2008 to consider the proposed annexation. This hearing was noticed in accordance with Public Resources Code section 26557, 26561, 26562, and 26563. RESOLUTION NO. 2008/-5;;W SUBJECT: ADOPT Resolution No. 20083 approving the annexation of the Spanish Trails subdivision into the Hillcrest Heights Geologic Hazard Abatement District ("GHAD"), El Sobrante area. (Hillcrest Heights GHAD Funds) (District I) Project No.: 7756-6X5047. DATE: July 22, 2008 PAGE: 2 of 2 D. On July 22, 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, owner(s) of more than 50 percent of the assessed valuation of the property to be included in the Hillcrest Heights GHAD did not object to the annexation. E. On July 22, 2008, the GHAD Board closed the hearing and, by Resolution, approved the annexation of the Spanish Trails subdivision into the Hillcrest Heights GHAD, and approved the Hillcrest Heights GHAD Plan of Control for Spanish Trails. F. Public Resources Code section 26581 states that a proposed annexation is subject to approval of the legislative body that approved the formation of the GHAD. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY DECLARES, RESOLVES, FINDS AND ORDERS THAT: 1. The Board of Supervisors of the County of Contra Costa hereby approves the annexation of the Spanish Trails subdivision into the Hillcrest Heights GHAD as described in the GHAD Petition and as required by Public Resources Code section 26581. 2. This Resolution shall become effective immediately upon its passage and adoption. EXHIBIT 1 PETITION FOR ANNEXATION OF TERRITORY TO THE HILLCREST HEIGHTS GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO DIVISION 17 (commencing with section 26500) OF THE PUBLIC RESOURCES CODE OF THE STATE OF CALIFORNIA TO: The Clerk of the Hillcrest Heights Geologic Hazard Abatement District ("GHAD") (Clerk of the Board of Supervisors) The undersigned owner of land within the boundaries of the territory proposed to be annexed to the GHAD hereby requests that the Board of Directors of the GHAD ("GHAD Board") initiate proceedings to annex the territory described in Attachment A (Legal Description) and shown on Attachment B (Boundary Map), attached hereto, to the GHAD pursuant to Article 3 (commencing with Public Resources Code § 26550) and Article 4 (commencing with Public Resources Code § 26561) of Chapter 2 of Division 17 of the Public Resources Code (§ 26500 e1 seq.). Said owner is the owner of all the territory proposed to be annexed. (a) This petition is made pursuant to Division 17 of the Public Resources Code with particular reference to Article 3 (commencing with Section 26550) and Article 4 (commencing with Section 26561). (b) Opposite the signature of the petitioner is an indication of the lot, tract and map number or other legal description sufficient to identify the signature of the petitioner as that of an owner of land within the territory proposed to be annexed to the GHAD. (c) Opposite the signature of the petitioner is an indication of the date on which said petitioner's signature was affixed to this petition. (d) The following documents are attached to this petition and are incorporated herein by this reference as if set forth in full in the petition: 1. A Legal Description of the territory proposed to be annexed to the GHAD (Attachment A); 2. A Boundary Map of the boundaries of the territory proposed to be annexed to the GHAD (Attachment B); and 3. The proposed Hillcrest Heights GHAD Plan of Control for Spanish Trails, dated May 27, 2008, prepared by an enois ineering geologist certified pursuant to Section 7822 of the California Business and Profe Code, which describes in detail geologic hazards, their location and the areas affecte theteb , and a plan for their prevention, mitigation, abatement and control thereof(Attachment i --- APN #s y ;23/ 433-160-068 thru 085 Date Willia F. Schr der, Jr. Managing Member Description of Property The A stin Gr I p LLC As M ager of Spanish Trails Associates LLC Attachments: A— Legal Description B— Boundary Map C---Hillcrest Heights GHAD Plan of Control for Spanish Trails fa�� MMB:10480-001:746922.2