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HomeMy WebLinkAboutMINUTES - 10172006 - SD.5 TO: BOARD OF SUPERVISORS Lo®ntr` � '� �'. FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTORulosta DATE: October 17, 2006 �� --� crY`4 sra,cou`��{ u o u tl q ty SUBJECT: APPROVE 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 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ADOPT Resolution 2006/639 approving the annexation of the Canyons at Blackhawk Territory into the Blackhawk Geologic Hazard Abatement District. CONTINUED ON ATTACHMENT: El SIGNATURE: _ _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): - ACTION OF BOARD ON CMPJ r— 'I rIg.� APPROVED AS RECOMMENDED OT/ER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Eric Whan 313-2242 ED:sj G:\SpDist\Board Orders\2006-Board Orders\I0-17-06 BO Blackhawk(2).doc ATTESTED JOHN CULLEN,CLERK OFT E BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: County Administrator �. Assessor / �r�/ '' Auditor-Controller ! �i1w/ Community Development BY: / ,DEPUTY County Counsel E.Doten,Special Districts Blackhawk GHAD File General Manager,Blackhawk GHAD SUBJECT: APPROVE 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 FISCAL IMPACT: There will be no impact to the County General Fund. Processing costs have to be covered by the applicants. All costs for the operation of Blackhawk GHAD are paid for through revenue derived from County Service Area M-23. The total estimated annual 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 that 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 into the Blackhawk CHAD. At its September 26, 2006 meeting the Board of Supervisors, acting as the Board of Directors of the Blackhawk GHAD, accepted the Petition for Annexation and set a hearing on the Petition. Hearing notices were sent to approximately 2,700 property owners in the Blackhawk GHAD and in the area to be annexed,pursuant to Public Resources Code Sections 26557, 26561, 26562, and 26563. Public Resources Code Section 26581 states that a proposed annexation is subject to approval of the legislative body that approved the formation of the GRAD. In that the Board of Supervisors formed the Blackhawk GHAD,Board approval is now necessary for the proposed annexation. 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. If the annexation is approved,the boundaries of the Blackhawk GHAD and CSA M-23 will be identical and the Blackhawk GHAD will be able to provide landslide prevention,mitigation and abatement services to all property owners who contribute to the GHAD's funding. CONSEQUENCES OF NEGATIVE ACTION: The owner-members of The Canyons at Blackhawk Territory have been supporting GHAD activities through property taxes for CSA M-23, however, they are not within the Blackhawk GHAD nor have they received the benefits that the GHAD provides. If the Blackhawk GHAD Governing Board does not proceed in this matter,The Canyons at Blackhawk Territory 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 Territory at risk. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 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. 2006/639 SUBJECT: ADOPT Resolution No. 2006/639 approving the annexation of the Canyons at Blackhawk Territory into the Blackhawk Geologic Hazard Abatement District(GRAD),Danville area. (Blackhawk GRAD Funds) (District III)Project No. 7496-6X5584 (Pursuant to Division 17 of the Public Resources Code with particular reference to Chapter I (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 (GRAD Board). B. On September 26,2006,the GHAD Board was presented with a Petition for Annexation of Territory to the Blackhawk GHAD(GRAD Petition)by the Canyons at Blackhawk Owners'Association. In connection with the proposed annexation, the GHAD Board was also presented with the Second Amended Blackhawk GHAD Plan of Control. 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. This hearing was noticed in accordance with Public Resources Code sections 26557, 26561, 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. ED:sj (-fes (`�"�� G:\SpDist\Board Orders\2006-Board Orders\10-17-06 BO Blackhawk Reso.doc ATTESTED: ©ct t/e>er i'� , z""Fo Crit.Dept.:Public Works(special Districts) Contact: Eric Whan (313-2242) JOHN CULLEN,Clerk of the Board of Supervisors and cc: County Administrator County Administrator County Counsel Blackhawk GHAD File E.Doten,Special Districts / General Manager,Blackhawk CHAD By --�- Deputy RESOLUTION NO. 2006/639 SUBJECT: ADOPT Resolution No. 2006/639 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. At the hearing, the owners of more than 50 percent of the assessed valuation of the property to be annexed to the GHAD did not object to the annexation. E. On October 17, 2006 the GHAD Board closed the hearing and,by Resolution, approved the annexation of the Canyons at Blackhawk Territory to the Blackhawk GHAD, and approved the Second Amended Blackhawk GHAD Plan of Control. 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 RESOLVES AND ORDERS THAT: 1. The Board of Supervisors of Contra Costa County hereby approves the annexation of the Canyons at Blackhawk Territory to the Blackhawk GHAD as described in the Petition and as ordered by the GHAD Board on October 17, 2006 by Resolution. 2. This Resolution shall become effective immediately upon its passage and adoption.