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C. 17
To: Wiedemann Ranch GHAD Board of Directors
From: Patricia E. Curtin, GHAD Attorney and General Manager
Date: September  7, 2021
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Annexation of the Magee Preserve Development into the Wiedemann Ranch GHAD

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   09/07/2021
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Haley Ralston (909) 373-5457
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:     September  7, 2021
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

ADOPT Resolution No. 2021/281 approving the annexation of the Magee Preserve development into the Wiedemann Ranch Geologic Hazard Abatement District, as required by Public Resources Code section 26581.

FISCAL IMPACT:

None. Funding of GHAD responsibilities within the Magee Preserve development is anticipated in the Engineer’s Report to be brought to the Wiedemann Ranch GHAD Board at a future meeting.

BACKGROUND:

On September 1, 1998, the Contra Costa County Board of Supervisors adopted Resolution No. 98/438 approving the formation of the Wiedemann Ranch GHAD and appointed itself to serve as the GHAD Board of Directors.  
  




BACKGROUND: (CONT'D)
Condition of Approval No. I.5, the Town of Danville required that the Magee Preserve development (Subdivision 9291) (the "Project") be included within a GHAD. To satisfy this requirement, annexation of the Project into the Wiedemann Ranch GHAD was approved on July 13, 2021 by the Wiedemann Ranch GHAD Board of Directors.
  
Attorneys for the GHAD have advised that this proposed Board of Supervisors action is required by California Public Resources Code Section 26581 which states that the annexation is subject to the approval of the legislative body which ordered formation of the GHAD. The Contra Costa County Board of Supervisors ordered formation of the Wiedemann Ranch GHAD in 1998. The requirement for the legislative body that formed the GHAD to approve any annexations remains, even though members of the Contra Costa County Board of Supervisors also serve as the Wiedemann Ranch GHAD Board of Directors.  
  
Approval of the Magee Preserve annexation by the Board of Supervisors will complete actions necessary to under California Public Resources Code Section 26581.  

CONSEQUENCE OF NEGATIVE ACTION:

If the Contra Costa GHAD Board of Supervisors does not proceed with this matter, satisfaction of annexation requirements under California Public Resources Code Section 26581 will not be complete and future transfer of responsibilities to the GHAD as anticipated in the Plan of Control will likely be delayed and possibly may not occur.

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