HomeMy WebLinkAboutMINUTES - 04221986 - T.3 '36
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 22, 1986 by the following vote:
AYES: Supervisors Fandenf McPeak., Torlakson and Powers
NOES: None
ABSENT: Supervisor Schroder
ABSTAIN: None
SUBJECT*,
Approving formation of a
geologic hazard abatement RESOLUTION NO. 86/ 210
district, Blackhawk area (Pub.Res .C. Section 26567)
The Board of Supervisors of Contra Costa County RESOLVES that :
On May 21, 1985, pursuant to the provisions of
Section 26550 of the Public Resources Code, this Board adopted
Resolution No . 85/276 , declaring that the Board is subject to
the provisions of Division 17 (Sections 26500 et sea. ) of said
Code, and forwarded a copy of said resolution to the State
Controller.
Pursuant to the provisions of said Division 17 of said
Code, a petition was filed with the Clerk of the Board, dated
November 5, 1985, for the formation of a geologic hazard
abatement district ("GHAD") for the Blackhawk area . The
petition complies with the provisions of Public Resources Code
Section 26552 and has attached to it' a legal description of the
boundaries of the proposed GHAD (Exhibit A to the petition) , a
map showing the boundaries of the proposed GHAD (Exhibit B to
the petition) , and a plan of control (Exhibit C to the
petition) .
The Director of Community Development and Clerk of the
Board reviewed the petition and determined that it is
substantially in the form described in Public Resources Code
Sections 26550. 5 and 26552 and verified that the signatures
affixed to the petition represent owners of not less than 10
percent of the real property to be included within the proposed
GHAD. Further, the Clerk accepted the petition because the
signatures thereon were secured within 120 days of the date on
which the first signature on the petition was affixed and said
petition was submitted to the Clerk within 30 days after the
last signature was affixed.
On March 18, 1986, pursuant to the provisions of Public
Resources Code Sections 26557 and 26558, the Board adopted
Resolution No. 86/139, initiating proceedings to form a GRAD
for the Blackhawk area, as described in the petition,
determining that the health, safety, and welfare req'uires
formation of the GHAD,. setting a public hearing on the
formation of t,,,e GHAD for April 22, 1986 at 2:30 p.m. , and
providing for the mailing of notices of said hearing. Notice
of said hearing was given in accordance with the provisions of
Public Resources Code Sections 26561 through 26563 .
NOW, THEREFORE, THE BOARD OF SUPERVISORS HEREBY
RESOLVES, FINDS, CERTIFIES AND ORDERS AS FOLLOWS:
1. A public hearing before this Board on the
formation of the GRAD for the Blackhawk area was held on
April 22, 1986 at 2 :30 p.m.
2 . At the time set for hearing, no owner of real
property within the proposed GRAD had made a written objection
to its formation in accordance with the provisions of Public
Resources Code Section 26564 . It appearing at the hearing that
the owners of more than 50 percent of the assessed valuation of
the proposed GHAD did not object to the formation thereof, the
Board closed the hearing .
3 . Geologic hazards, as that term is defined in
Public Resources Code Section 26507, presently exist in the
Blackhawk area.
4 . The Board has been presented with and has
reviewed the plan of control attached as Exhibit C to the
petition for formation of the GRAD and has determined that the
health, safety, and welfare require formation of the GHAD for
the Blackhawk area .
5. The formation of the GHAD for the Blackhawk area
is exempt from the provisions of the California Environmental
Quality Act (Public Resources Code Section 21000 gt sea. ) , in
accordance with Public Resources Code Sections 21080(b) (4) and
26559 .
6 . The Board hereby ORDERS the formation of a
geologic hazard abatement district for the Blackhawk area, as
described in Resolution No. 86/139 and the petition for
formation of the GHAD.
7 . The Board hereby APPOINTS itself to act as the
initial Board of Directors for the GHAD for the Blackhawk area,
for a term not to exceed four years .
1 hereby certify that this is a tree and correct COPY of
an action taken and entcrcd yn the enireutos of the
Board of Supervisors on the date shown.
ATTESTED:
PHIL BATCH L COR, ci:e c of tine C;ard
of Supervisors and County Administrator
BY C Deputy
cc: Blackhawk
County Counsel
County Administrator
Community Development Dept.
Auditor
Public Works
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THE BOAR® OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 22 , 1986 , , by the following vote:
AYES: Supervisors Fanden, McPeak, Torlakson and Powers
NOES: None
ABSENT: Supervisor Schroder
ABSTAIN: None
SUBJECT:
Approving Joint Exercise of )
Powers Agreement with ) RESOLUTION NO. 86/ 211
Blackhawk Geologic Hazard ) (Govt. C. Sections 6500
Abatement District ) et ,f2c
The Director of Community Development and Public Works
Director have recommended the approval of a joint exercise of
powers Agreement, pursuant to the provisions of Government Code
Sections 6500 et seq. , by and between the Blackhawk Geologic
Hazard Abatement District (GRAD) and the County of Contra Costa
on behalf of County Service Area M-23, .which provides, among other
things, for the funding of the GRAD by the transfer thereto of a
portion of CSA M-23 revenues, The Agreement has been approved as
to form by County Counsel. The geographic area covered by the
GHAD corresponds to the geographic area of the Blackhawk project
and is coterminus with the geographic area of CSA M-23.
IT IS BY THE BOARD ORDERED that the joint exercise of
powers Agreement is APPROVED and the Chair of the Board of
Supervisors, as the Chair of the Board of Directors of the
Blackhawk Geologid -Hazard Abatement District, is AUTHORIZED to
execute said Agreement on behalf of the Blackhawk Geologic Hazard
Abatement District and the Chair of the Board is AUTHORIZED to
execute said Agreement on behalf of the County on behalf of
County Service Area M-23.
I hereby certify that this Is a true and correct copy of
pn action taken and entered on the minutes of the
Board of Supervisor on the date shown. /
ATTESTED:
PHIL BATCH OR,he
of the Board
of Supervisors and County Administrator
By ,Deputy
cc: Blackhawk
County Counsel
County Administrator
Community Development Dept.
Auditor
y Public Works
2:3o e.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 22 , 1986 by the following vote:
AYES: Supervisors Fanden, McPeak, Torlakson and Powers
NOES: None
ABSENT: Supervisor Schroder
ABSTAIN: None
SUBJECT:
Approving Reimbursement 'of ) RESOLUTION NO. 86/ 212
Blackhawk Corporation for ) (Govt. C. Sections 29127,
Emergency Expenditures ) 53021)
Within County Service )
Area M-23 )
The Board of Supervisors of Contra Costa County
RESOLVES that:
During the winter of 1982-83, unprecedented rainstorms
and flooding triggered a number of mudslides, debris flows and
landslides originating in the open space areas of the Blackhawk
project geographic area, which geographic area is coterminus
with County Service Area M-23 . These land failures resulted in
damage to substantial real and personal properties and
endangered other such properties and imperiled the health,
safety and welfare of persons within the area. As a result of
these storms and County-wide flood conditions, the County was
duly proclaimed a disaster area .
The imminent danger to the safety of persons and
property within the Blackhawk area as a result of such land
failures called for immediate emergency remedial action to
mitigate the effects of further land failures, prevent injury
and damage to life and property, and assure the continued
provision of County services to the affected area. County
Service Area M-23 was previously established to perform, among
other things, maintenance of open space and drainage
maintenance. The Public Works Department served as the
administrative staff for County Service Area M-23 . However, in
light of the urgency of these emergency conditions, Blackhawk
Corporation, the project developer and owner of substantial
real property within the project area, after notification of
and meetings with the County Public Works Director and other
County personnel, homeowners ' groups and other interested
agencies and parties, agreed to immediately undertake to study
and repair the subject land failures, including such failures
on lands no longer under Blackhawk' s title or control, in
consideration of the commitment to recommend to the Board of
Supervisors that Blackhawk be reimbursed for costs incurred in
connection with 'such studies and repairs. The Public Works
Director concurred in this course of action. Based thereon,
Blackhawk responded to the emergency conditions by studying and
repairing, as . required, the land failures within the Blackhawk
project area and in connection therewith, expended
approximately $3,000,000.
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NOW, THEREFORE, THE BOARD OF SUPERVISORS HEREBY
RESOLVES, FINDS, CERTIFIES AND ORDERS AS FOLLOWS :
1. Based upon the facts and circumstances recited
above and in the report to the Board from the Director of
Community Development, dated April 16 , 1986 , the Board finds
that, as a result of the storms and flooding during the winter
of 1982-83 , an emergency existed within the Blackhawk project
area and County Service Area M-23 , which emergency required
prompt and concerted remedial action for the immediate
preservation of the public health, safety and welfare of
persons and property within such area and for the relief of the
stricken Blackhawk community.
2 . Based upon these facts and circumstances , the
Board further finds that Blackhawk Corporation, as the
developer of the Blackhawk project and as a landowner of
substantial property within the project area, was highly
familiar with the affected property and uniquely situated to
undertake the studies and repairs necessary to mitigate the
emergency.
3. Based upon these facts and circumstances , the
Board further finds that Blackhawk Corporation expended
approximately $3 , 000 , 000 for the studies and actual repairs of
the land failures at the Blackhawk project, but that Blackhawk
Corporation has agreed to accept the total sum of FIVE HUNDRED
FIFTY THOUSAND DOLLARS ($550 , 000) in full satisfaction of the
commitment of the County to reimburse Blackhawk Corporation for
such expenditures. Said sum equals the approximate amount of
funds then on hand in the County treasury for the account of
the M-23 County Service Area available for such purposes.
4 . Based upon these facts and circumstances, the
Board hereby RATIFIES .the aforesaid commitment and agreement
of County staff and hereby ORDERS that Blackhawk Corporation
shall be reimbursed in the amount of FIVE HUNDRED FIFTY THOUSAND
DOLLARS ($550 , 000) for expenditures made by Blackhawk Corporation
in studying and repairing the land failures in County Service
Area M-23 ' s open space areas resulting from the storms and
flooding during the winter of 1982-83 and hereby DIRECTS the
County Auditor to forthwith pay said amount to Blackhawk
Corporation oiz.t of'-the M-23 County Service Area account. The
Board further finds that none of the work for which said
reimbursement payment is made involved repairs with any County
road right-of-way or on any County building.
5 . Based upon these facts and circumstances , the
Board further finds that the reimbursement herein authorized is
for services performed and . expenditures made in connection with
the emergency described herein, which emergency was part of a
"local emergency" within the meaning of Government Code Section
8558 (c) resulting from the storms and flooding during the
winter of 1982-83 .
1 hereby*orfH�I that this Is a true and correct copy of
an oction taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: _ L(.J7iLi[ 4-2
PHIL BATCHAOR,OR, Clerk of the Board
of Supervisors and County Administrator
cc : Blackhawk By � , Deputy
County Counsel
County Administrator
Community Development Dept..
Auditor
Public Works