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HomeMy WebLinkAboutMINUTES - 05112010 - SD.4RECOMMENDATION(S): 1. ADOPT Resolution No. 2010/03 approving the annexation of the Colina Canyon subdivision into the Hillcrest Heights Geologic Hazard Abatement District (“GHAD”) and approving the Colina Canyon GHAD Plan of Control. 2. ADOPT the attached Resolution No. 2010/04 to do the following: (a) FIX a Public Hearing for July 13, 2010 at 10:00 a.m. in Room 107 of the GHAD Board Chambers, 651 Pine Street, Martinez, California, to consider them the proposed assessment and any protests against the assessment; and (b) DIRECT the Hillcrest Heights GHAD Clerk, or their designee, to mail, by first class mail, a written notice of the Notice of Adoption Resolution to each owner of real property (as shown on the last equalized property tax roll of the County) that was annexed to the Hillcrest Heights GHAD on May 11, 2010 as shown on the Boundary Map (attached as Exhibit 2 to the Resolution). The sealable ballot and the Engineers Report shall be attached to the Notice of Adoption Resolution. The Engineer’s Report is attached to Resolution 2010/04 and is on file at the offices of ENGEO Incorporated, 2010 Crow Canyon Place, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/11/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kristin Schenone (925) 937-3600 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. ATTESTED: May 11, 2010 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: SD. 4 To:Hillcrest Heights GHAD Board of Directors From:Hillcrest Heights GHAD Attorney & Gen'l Mgr Date:May 11, 2010 Contra Costa County Subject:Annexation of the Colina Canyon subdivision to the Hillcrest Heights GHAD and declaration of Declaring intention to order a related assessment Suite 250, San Ramon, CA 94583-4634. RECOMMENDATION(S): (CONT'D) FISCAL IMPACT: There will be no impact on the County General Fund. Processing costs have been paid by the applicant. The costs for any GHAD activities that occur within the boundaries of the land proposed to be annexed into the Hillcrest Heights GHAD will be covered with revenue generated through parcel assessments for the Colina Canyon development (Subdivision 8791). The proposed assessment is $1105.00 for each of the 32 improved lots in the subdivision. BACKGROUND: Due to the potential for landsliding, erosion, and required ongoing maintenance, the Conditions of Approval for the Colina Canyon development (Subdivision 8791), require that the Colina Canyon subdivision be included within a GHAD prior to the submission of a final map for the project. To satisfy this requirement, the developer of the Colina Canyon subdivision has elected to petition the GHAD Board to annex the Colina Canyon subdivision into the existing Hillcrest Heights GHAD. The territory to be annexed pursuant to the Resolution 2010/03 is currently owned by the developer. The boundaries of the territory to be annexed and the boundaries of the Colina Canyon subdivision are the same. In connection with the annexation, a Plan of Control has been prepared. The Plan of Control is an addendum to the Hillcrest Heights GHAD Plan of Control and describes the work contemplated for the Colina Canyon subdivision, including maintenance and monitoring activities, including slopes, retaining walls, subdrains, storm drain facilities, and concrete lined drainage ditches. If adopted, the Colina Canyon Plan of Control would address geologic hazards within Subdivision 8791. 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 Colina Canyon subdivision, and such funding will be collected and used in connection with the Colina Canyon Plan of Control. The proposed assessment of $1105 for each of the 32 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 is attached to Resolution 2010/04. The proposed assessment does not impact or change the existing assessments for the current landowners in the GHAD. The Manager of the Hillcrest Heights GHAD recommends that Resolutions 2010/03 and 2010/04 be approved and a hearing be ordered for July 13, 2010 at 10:00 a.m. in Room 107 of the GHAD Board Chambers, 651 Pine Street, Martinez, California, to consider the the proposed assessment and any protests against the assessment. 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. In that the Board of Supervisors approved the formation of the Hillcrest Heights GHAD, Board of Supervisors approval is necessary for the proposed annexation. Therefore, on May 18, 2010, the Contra Costa County Board of Supervisors will be asked to adopt County Resolution No. 2010/279 approving annexation of the Colina Canyon subdivision to the Hillcrest Heights GHAD. CONSEQUENCE OF NEGATIVE ACTION: The Conditions of Approval for the Colina Canyon project (Subdivision 8791) require that the subdivision be included within a GHAD prior to the submittal of a final map for the project. If the annexation of the Colina Canyon subdivision into the Hillcrest Heights 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 Hillcrest Heights GHAD Board does not proceed with this matter, satisfaction of this condition will likely be delayed and possibly may not occur. CHILDREN'S IMPACT STATEMENT: CLERK'S ADDENDUM CLOSED the hearing; ADOPTED Resolution No. 2010/03 approving the annexation of the Colina Canyon subdivision into the Hillcrest Heights Geologic Hazard Abatement District (“GHAD”) and approving the Colina Canyon GHAD Plan of Control; and ADOPTED the revised Resolution No. 2010/04 to fix a public hearing for May 18, 2010 at 10:00 a.m. ATTACHMENTS Hillcrest Heights GHAD Resolution No. 2010/03 Annexation Hillcrest Heights GHAD Resolution No. 2010/04 assessment