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HomeMy WebLinkAboutMINUTES - 09011998 - D2 D- 2-- THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA. Adopted this Resolution on September 1, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 98/A3,8_ SUBJECT: Approving Formation of Weidemann Ranch Geologic Hazard Abatement District The Board of Supervisors of Contra Costa County(the"Board")RESOLVES THAT: 1. On May 21, 1985,pursuant to the provisions of Section 26550 of the Public Resources Code,this Board adopted Resolution No. 85/276 declaring the Board is subject to the provision of Division 17(Sections 26550 et seq.)of said Code,and forwarded a copy of said Resolution to the State Controller. 2. Pursuant to the provisions of said Division 17 of the Public Resources Code,a Petition ("Petition")was filed with the Clerk of the Board, dated July 14, 1998,for the formation of the Weidemann Ranch Geologic Hazard Abatement District("GHAD"or"District'). 3. On August 11, 1998,this board adopted Resolution No. 98/425 accepting the Petition and setting a hearing on the filed Petition on September 1, 1998,at 11:00 a.m.Notice of the hearing was given in accordance with the provisions of Public Resources Code sections 26561 through 26564. 4. A public hearing before the Board on the formation of the GHAD was held on September 1, 1998, at 11:00 a.m. At the time set for the hearing,no owner of real property within the proposed GHAD had made a written objection to its formation in accordance with the provision of Public Resources Code section 26564, At the hearing the owners of more than 50 percent of the assessed valuation of the GRAD did not object to the formation thereof;the Board closed the hearing. 5. The formation of the CHAD is exempt from the provisions of the California Environmental Quality Act(Public Resources Code Section 21040 et seq.) in accordance with Public Resources Sections 21080(b)(4)and 26559. 6. The Board hereby ORDERS the formation of the CHAD,as described in the Petition. 7. In accordance with Public Resources Code section 26567,the Board hereby appoints itself to act as the Board of Directors for the CHAD. Attest: By: Clerk of the Dist Chair, oard of Supervisors S:. G:SppdstalyxHaslboardordastWefdemenn RzncMAppmveF.m.dot Cc: Auditor-Conuotier Cnmdy Adndntstrotor Cawdy Covoset Conon—ty Devatopm AW Acca dag NIC Assoatntes Ad",Lindgren,Wflsort Neve,tt at, Resolution No.98/ 438 THE BOARD OF St.«RVISORS OF CONTRA COSTA Ct : STY,CALIFORNIA Adopted this Resolution on September 1, 1998, by the following vote: AYES: Supervisors tlilkema, Gerber, DeSaulnier, Canciami.11a and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 9SA39 SUBJECT: Appointing Officers for the Weidemann Ranch Geologic Hazard Abatement District The Beard of Directors of the Weidemann Ranch Geologic Hazard Abatement District(the "Board"), RESOLVES THAT: A. On September 1, 1998,the Board of Supervisors of Contra Costa County,adapted Resolution No. 981438, forming the Weidemann Ranch Geologic Hazard Abatement District("GHAI7"or"District")and appointing itself to act as the Board of Directors of the CHAD. B. Pursuant to Public Resources Code sections 26584 and 26585,the Board must appoint a Clerk and a Treasurer of the District and, pursuant to section 26586,the Berard may appoint other officers of the District and delegate thereto such powers as may be appropriate in the circumstances. NOW THEREFORE, THE BOARD OF DIRECTORS HEREBY RESOLVES AND ORDERS AS FOLLOWS: 1. The Board appoints the Clerk of the Board of Supervisors as Clerk. 2. The Board appoints the County Treasurer as Treasurer. 3. The Board appoints the County Counsel as General Counsel. 4. The Board appoints William R. Gray, William R. Gray&Co. as District Manager pursuant to the terms of an employment contract to be approved by the Board. Attest: By: jot� Jerk ofa4s Chair, card of Su> rvisors Ma 6:VppdoaYpolaWau6oedorAWddmurm RawM UWmvd'm .dw Ct: Aw14m•Coam1M C04M AdWWWWm CWMy CWr" Commoky Dwdopman PW Aeaoa On` H VC Amada6a Adam Lin VM WUM Nava a W. Resolution No.981439 .{ I D, 2 THE BOARD OF SU—�RVISORS OF CONTRA COSTA CG....:�I'lt Y,CALIFO� Resolution on September 1 1998 b the following vote: � Of Adopted this Resolu pte , Y 8 AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla and. Rogers NOES: Hone ABSENT: None ABSTAIN: None RESOLUTION NO.98/t SUBJECT: Approving Formation of Weidemann Ranch Geologic Hazard Abatement District The Board of Supervisors of Contra Costa County(the"Board")RESOLVES THAT: 1. On May 21, 1985,pursuant to the provisions of Section 26550 of the Public Resources Code,this Board adopted Resolution No. 851276 declaring the Board is subject to the provision of Division 17(Sections 26550 et seq.)of said Code, and forwarded a copy of said Resolution to the State Controller. 2. Pursuant to the provisions of said Division 17 of the Public Resources Code,a Petition ("Petition")was filed with the Clerk of the Board,dated July 14, 1998,for the formation of the Weidemann Ranch Geologic Hazard Abatement District("GHAD"or"District"). 3. On August 11, 1998,this board adopted Resolution No.981425 accepting the Petition and setting a hearing on the filed Petition on September 1, 1998,at 11:00 a.m.Notice of the hearing was given in accordance with the provisions of Public Resources Code sections 26561 through 26564. 4. A public hearing before the Board on the formation of the CHAD was held on September 1, 1998,at 11:00 a.m. At the time set for the hearing,no owner of real property within the proposed GHAD had made a written objection to its formation in accordance with the provision of Public Resources Code section 26564. At the hearing the owners of more than 50 percent of the assessed valuation of the CHAD did not object to the formation thereof;the Board closed the hearing. 5. The formation of the GHAD is exempt from the provisions of the California Environmental Quality Act(Public Resources Code Section 21000 et seq.)in accordance with Public Resources Sections 21080(bX4)and 26559. 6. The Board hereby ORDERS the formation of the CHAD,as described in the Petition. 7. In accordance with Public Resources Code section 26567,the Board hereby;appoints itself to act as the Board of Directors for the CHAD. Attest: BY: AL Jerk of the fstic Ch ir,Board of S40rvisors Ma Cc: AedhonCmnoda comycotaftl Caw Dwelep PWAWN"Oft qvc ArocLta Aauci.in"+n.WNW*.Nwa.•W. Resolution No.98! 438 �b THE BOARD OF DIRECTORS OF THE WEIDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Resolution on September 1, 1998, by the following vote: AYES: Supervisors Gilkema, Gerber, DeSaulnier, Canciamilla and Rogers NOES: lone ABSENT: None ABSTAIN: None RESOLUTION NO. 98/44o SUBJECT: Approving the Weidemann Ranch Geologic Hazard Abatement District Budget for Fiscal Year 1998-1999 and approving the Weidemann Ranch Geologic Hazard Abatement District Repair, Maintenance and Improvement Program. The Board of Directors of the Weidemann Ranch Geologic Hazard Abatement District(the'Board"),RESOLVES THAT: A. On September 1, 1998,the Board of Supervisors of Contra Costa County,adopted Resolution No. 98L43 forming the Weidemann Ranch Geologic Hazard Abatement District("GHAD"or"District")and appointing itself to act as the Board of Directors of the GHAD. B. On September 1, 1998, the Board of Directors adopted Resolution No. 98.439 ,appointing officers for GHAD. C. In order for the CHAD to proceed to efficiently implement the GHAD Plan of Control and to undertake repair, maintenance and improvement projects and related operations, it is necessary to approve an annual budget and a repair, maintenance and improvement program. NOW,THEREFORE, THE BOARD OF DIRECTORS HEREBY RESOLVES AND ORDERS,AS FOLLOWS: 1. The Board approves the G1 AAD budget for the fiscal year 1999(July 1, 1999 up to and including June 30, 2000)attached hereto as Exhibit and incorporated herein by this reference, including the estimated GHAD budget for the fiscal years 2000 to 2036 2. The Board approves the GHAD Repair,Maintenance and Improvement Program,attached hereto as Exhibit B and incorporated herein by this reference. 3. This resolution shall take effect immediately upon its adoption. By: Attest: Chair, pard of Direc ors J Jerk of the tr' t RESOLUTION NO.981440 fill, 1 4-1 a woo jg VIE Woiw a 0 Him 5A as A c* 0 gig! Iry C M-, HH§g- 1999§9 t C_� SUM j W §19 IngL w p W W S -i4 m9 W '� A H91m 1 W N V�W �vS Qdi W4.~MO iw :W .SIM99 w mt8dwo tD EXHIBIT B Weidemann Ranch Geologic Hazard Abatement District' Repair,Maintenance and Improvement Program A. On a periodic basis during each year, the "CHAD" will monitor repairs and maintain the following items: 1. Natural and excavated slopes 2. Surface drainage and ditches B. During each year should erosion fills,movement or sloping occur,the GHAD may perform temporary and permanent mitigation,repairs and improvement measures when necessary and within budgetary limits, including the following: I. Covering soil failure and/or erosional surface with lactic sheeting 2. Installation of hydroaugers 3. Sandbagging 4. Additional inspections 5. Revegetation 6. Other activities identified in the Plan of Control for the CHAD on file with the Contra Costa County Department of Public Warks RESOLUTION NO.98/ 440 Maintenance and Monitoring Program The site inspections should be undertaken a minimum of three times per year. The CHAD budget should provide for four or more inspections in years of heavy rainfall. The inspections,should take place in October, prior to the first significant rainfall; mid-winter as necessary during heavy rainfall years; and in early April at the end of the rainy season. The frequency of the inspections should increase depending upon the intensity and recurrence of rainfall. Site inspections should increase sufficiently to provide for mitigation of potential hazards. Figure 4 is the draft Geologic Map and Testing and Observation Report that will be finalized when the as-built drawings are available. The CHAD shall keep these reports on file in the records of the GHAD. • The engineer and/or geologist retained by the District should carry out an inspection of lined surface ditches at least twice a year. One inspection should be in the fall prior to the onset of winter rains. The inspection shall check for sedimentation and cracking or shifting of the concrete lined ditches. Repairs and maintenance as needed should be undertaken including removal of excess silt or sediment in.ditches and patching or replacement of cracked or broken ditches, prior to the beginning of the next rainy season. • Subsurface drain outlets and horizontal drilled drain outlets, if any, should be checked. Water flowing from these outlets should be measured and recorded during each inspection. The inspections should take place at least twice annually, preferably in the fall and spring. Any suspicious interruption in flow should signal a need to unplug or clean by flushing the affected drain. • Piezometers to measure groundwater levels, or instruments such as inclinometers or tiltmeters measuring potential slope instability should be monitored quarterly, if installed. • Settlement monitoring devices should be measured annually and tracked. In the event of anomalous readings or excessive settlement,the monitoring frequency should be increased to once per quarter. • Inlets, outfalls or trash racks, if used, must be kept free of debris and spillways maintained. It is anticipated that initially at least once every two(2) years, cleanup of vegetation and removal of silt would be in order. Attention should be given to plantings or other obstructions which may interfere with access by power equipment. • The portions of the creek corridor which are to be maintained by the GRAD should be inspected at least twice a year. One inspection should be in the fall prior to the onset of winter rains. A second inspection should be undertaken during the rainy season to monitor potential creek bank failures which could imminently threaten or damage site improvements. The maintenance program should include the monitoring of the subdrain outfalls from the mass grading operations which outlet to the creek in a number of locations along the creek bank. • An annual inspection shall be made by the engineer and/or engineering geologist to assess the effectiveness of the preventive maintenance program and to make recommendations as to which landslide or erosion measures should be undertaken in the next fiscal year. Any appropriate site- specific study of landslide or erosion conditions shall be determined at that time. Consultants, if necessary, will be retained to undertake the needed studies. An annual inspection report to the GHAD shall be prepared by the District Engineer and/or engineering geologist. ILL (161) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on September 1, 1998, by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Ganciamilla and Rogers NOES: None ABSENT: Nome ABSTAIN: None RESOLUTION NO.98/439 SUBJECT: Appointing Officers for the Weidemann Ranch Geologic Hazard Abatement District The Board of Directors of the Weidemann Ranch Geologic Hazard AbatementDistrict(the "Board"),RESOLVES THAT: A. On September 1, 1998,the Board of Supervisors of Contra Costa County, adopted Resolution No. 98/438, forming the Weidemann Ranch Geologic Hazard Abatement District("GHAD"or"District") and appointing itself to act as the Board of Directors of the CHAD. B. Pursuant to Public Resources Code sections 26584 and 26585,the Board must appoint a Clerk and a Treasurer of the District and, pursuant to section 26586,the Board may appoint other officers of the District and delegate thereto such powers as may be appropriate in the circumstances. NOW THEREFORE,THE BOARD OF DIRECTORS HEREBY RESOLVES AND ORDERS AS FOLLOWS: 1. The Board appoints the Clerk of the Board of Supervisors as Clerk. 2. The Board appoints the County Treasurer as Treasurer. 3. The Board appoints the County Counsel as General Counsel. 4. The Board appoints William R. Gray, William R. Gray& Co. as District Manager pursuant to the terms of an employment contract to be approved by the Board. Attest: By: V Clerk of the D(stro Chairoaarrd of Supervisors S:;s G:lgpdata�apd4atlbaerdortltra\WeFdamam R=CA 41}�vvaFwm.dac Cc: HASIMC.Coatmika Candy Aduduisuotor Cmady Com wl Camowmty bavelopnvoo PW Amounting HVC Amdacas Adam Lindgren.Wilma.Neva,at M. Resolution No. 98/439 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA D- 2 Adopted this Resolution on September 1, 1998, by the fallowing vote. ' AYES: Supervisors Uilkema, Gerber, DeSaulnier, Caneiami.11a and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.98/ .3L SUBJECT: Approving Formation of Weidemann Ranch Geologic Hazard Abatement District The Board of Supervisors of Contra Costa County(the"Board")RESOLVES THAT: 1. On May 21, 1985,pursuant to the provisions of Section 26550 of the Public Resources Code,this Board adopted Resolution.No. 85/276 declaring the Board is subject to the provision of Division 17(Sections 26550 et seq.)of said Code,and forwarded a copy of said Resolution to the State Controller. 2. Pursuant to the provisions of said Division 17 of the Public Resources Code,',a Petition ("Petition")was filed with the Clerk of the Board,dated July 14, 1998,for the formation of the Weidemann Ranch Geologic Hazard Abatement District{"GHAD"or"District"). 3. On August 11, 1998,this board adopted Resolution No.98/425 accepting the Petition and setting a bearing on the fled Petition on September 1, 1998,at 11.00 a.m.Notice of the hearing was given in accordance with the provisions of Public Resources Code sections 26561 through 26564. 4. A public hearing before the Board on the formation of the CHAD was held on September 1, 1998,at 11;00 a.m. At the time set for the hearing,no owner of real property within the proposed GRAD had made a written objection to its formation in accordance with the provision of Public Resources Code section 26564. At the hearing the owners of more than 50 percent of the assessed valuation of the GRAD did not object to the formation thereof;the Board closed the hearing. 5. The formation of the GHAD is exempt from the provisions of the California Environmental Quality Act(Public Resources Code Section 21000 et seq.)in accordance with Public Resources Sections 21080(b)(4)and 26559. 6. The Board hereby ORDERS the formation of the GHAD,as described in the Petition. 7. In accordance with Public Resources Code section 26567,the Board herebyappoints itself to act as the Board of Directors for the CHAD. Attest: By: lerk of the AsteCh ir,Board of SiVervisors W.:g Q;4P1*updWW,w11*rdW%M.Ni„,r,PAXt%A pw 0Mft9 cc. A r COM I*r CWWY AdtldRWOM COMMO(y D"Wopmot FW Air HVC A&WAN x AdW WUIM Have,a W. Resolutions No.98/ 438 I'll,...I...................................................................I..............11.1................. ....................................................... D, THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on September 1, 1998,by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 98/441 SUBJECT: Resolution of Intent to Order an Assessment for the Weidemann Ranch Geologic Hazard Abatement District,Ordering an Assessment Ballot Proceeding and Setting a Publid Hearing to Consider All Protests Against Said Assessment. The Board of Directors of the Weidemann Ranch Geologic Hazard Abatement District,RESOLVES THAT: A. On September 1, 1998,the Board of Supervisors of Contra Costa County,adopted Resolution No. 98L41 forming the Weidemann Ranch Geologic Hazard Abatement District("GHAD" or"District")and appointing itself to act as the Board of Directors of the GHAD. B. In Order to defray the costs and expenses of maintaining and operating the GHAD improvements, it will be necessary to provide for a reliable source of funding for the District. C. Public Resources Code sections 26600 et seq. authorize,after a noticed Public Hearing,the levy and collection of an assessment upon benefited property within the District to pay for the maintenance and operation of GHAD improvements. Article XIII D of the California Constitution Government Code sections 53750 et seq.,and Election Code section 4000 impose additional requirements for the levy and collection of the assessment. D. The property within the GHAD that will be subject to the assessment is identified in the map attached as Exhibit A. E. An Engineer's Report, attached as Exhibit B,has been prepared by a registered professional engineer, certified by the State of California. The Engineer's Report separates the special benefits provided by the GHAD from general benefits conferred on the public at large, identifies the specially benefitted parcels, describes the total assessment, identifies the method for apportioning the total assessment to the individual residential parcels,and sets forth the assessment per residential parcel. NOW,THEREFORE, THE BOARD OF DIRECTORS HEREBY RESOLVES,FINDS,CERTIFIES AND ORDERS AS FOLLOWS: I. The Board hereby declares its intention, consistent with the requirements of Public Resources Code sections 26600 et seq., Article XIII D of the California Constitution,Government Code section 53750, and Elections Code section 4000,to order that the costs and expenses of the GHAD improvements shall be assessed against the property within the GHAD which is benefited by the GRAD. 2. The Board further declares its intention to assess against the property within the GHAD, for the 1999-2000 fiscal year and for subsequent years,all or part of the amounts set forth in the Engineer's Report. RESOLUTION NO. 98/ 441 ''I'll''......I................................................................................................................................... ................................................................................................ ............. 3. Notwithstanding paragraph 2 above,the Board shall not order this assessment if a majority protest exists as defined in Section 4(e)of Article XIII D of the California Constitution. 4. Each of the parcels in the property identified in Exhibit A will receive a particular,and distinct special benefit in the form of GHAD provided services and GHAD maintained improvements which are over and above the general benefits received by the general public at large. The services the GHAD will provide and the improvements it will maintain include(a)evaluating the performance of the natural and excavated slopes,the surface drainage and ditches to prevent certain geologic hazards within the District,and(b) performing certain temporary and permanent mitigation,repairs and improvement measures to control geologic hazards within the GHAD,and(c)maintaining debris benches,drainage systems and instruments such as piezometers, settlement monitors and inclinometers. These special benefits are described in detail in the Plan of Control for the GHAD on file with the Contra Costa County Department of Public Works. 5. The Board has reviewed and considered the Engineer's Report. The Engineer's Report identifies the special benefit conferred on the entire District and each parcel that will be subject.to the assessment and separates that special benefit from the general benefit conferred on the public at large. Such special benefit derived from the GHAD is proportionate to the entire costs of the GHAD,land the amount of the assessment is proportional to and no greater than,the reasonable cost of the special benefits conferred on each parcel. 6. No later than September 3, 1998,the Board directs the Public Works Director to mail the"Notice of Adoption of Resolution" of the Public Hearing,attached as Exhibit C,to the record owners of each parcel, upon which the assessment will be imposed. The Assessment Ballot,attached as Exhibit D,and the Engineer's Report,attached as Exhibit B,shall be attached to the Notice. 7. The Board will conduct the Public Hearing on October 20, 1998 at 2:00 p.m. in Room 107 of the Board of Supervisors' Chambers,651 Pine Street,Martinez, California 94553. The Clerk of the GHAD shall deliver all the Assessment Ballots received from record owners of parcels within the GHAD boundaries to the Board prior to the start of the Public Hearing. After the conclusion of the public testimony on the proposed assessment,the Board shall consider all protests against the proposed assessment and tabulate the Assessment Ballots. In tabulating the Assessment Ballots,the Assessment Ballots shall be weighted according to the proportional financial obligation of the affected property. The Board shall not impose the assessment if there is a majority protest as that term is defined by Section 4(e)of Article XIII D of the California Constitution and Government Code section 53753. If there is not majority protest,the Board shall authorize the assessment. - By: o�, Attesttcv�;�,� Cha' l Board of Directors �CJerk of the Di p� SE:� G:%grp&talspdist%oardordemweidemwn rancMumnt-doc RESOLUTION NO. 98/441 E�IT A 17 1B t 20 21 OT 1 f�f 1 LOT 2 LOT 3 ( i r LCAT 4 20 21 29 28 LOT 9 {�y LOT 2 F.y. UNITY MAP }_ PLAT 88074>. 8 BOUNOAR IES OF THE W IEOEMANN RANCH 1 =1400 ' GEOLO IC HAZARD ABATEMENT DISTRICT JULY 1998 ' CONTRA COSTA COUNTY, CALIFORNIA RC I � rr a:rr ''Ill.-., 1.1''..''..I.,..................I................................................................................................................................................................. .. ... ................................................................................................................................................................................ 7-1— 1� I TIi 1111 oil Pill III lip ir IN' 'jj ;p M 0 z > Zt" ...................... ............ 18L CCCoa `t1 M> on gn, Z t*0 4u �1 -4 -,Z C) tA-4 EXHIBIT B ENGINEER'S REPORT FOR GEOLOGIC HAZARD ABATEMENT DISTRICT 1998-01 WIEDEMANN RANCH FOR THE ESTABLISHMENT OF AN ASSESSMENT 1. INTRODUCTION This Engineer's Report provides the justification and rationale for the proposed assessment for the Wiedemann Ranch Geologic Hazard Abatement District ("GHAD"). The Engineer's Report has been prepared by a registered professional engineer certified by the State of California and as such, it complies with the requirements of Section 4(b) of Article XIID of the California Constitution. The CHAD is located in the Wiedemann Ranch. The Ranch is a 1,143 acre area in Contra Costa County that has received the following approvals for phased development of 371 residential parcels (together the "Wiedemann Ranch Project"): on December 8, 1992, the County Board of Supervisors ("Board of Supervisors") approved (1) Rezoning No. 2947-R2 which rezoned portions of the project site from SL to P-1, (2) Preliminary Development.Plan No. 3005-01, (3)Vesting Tentative Subdivision Map Nos. 7575 and 7578 which providesfor the subdivision of the project site into 371 residential lots and all related on-site and off-site infrastructure improvements and services subject to conditions of approval, (4) tentative cancellation of Williamson Act contracts (Nos. 5-76 and 16-70), and (5) exceptions to certain development standards set forth in the Subdivision Ordinance and Zoning Code. The GHAD was formed in 1998 in accordance with the Public Resources Code of the State of California, Division 17, Section 26500 et seq. This report is to establish the assessment for the operation of the District. Pursuant to Section 26509, the Wiedemann Ranch Plan of Control ("Plan of Control"), attached as Exhibit 1, was prepared by an engineering geologist certified pursuant to Section 7822 of the Business and Professions Code and describes in detail the geologic hazards, their location, who is affected by them, and provides a plan for the prevention, mitigation, abatement, or control thereof. As used in the Plan of Control, and as provided in Section 26507, "geologic hazard" means an actual or threatened landslide, land subsidence, soil erosion, earthquake, fault movement, or any other natural or unnatural movement of land or earth. The GHAD boundary is as shown on Figure I of the Plan of Control and as described in Exhibit A of the Plan of Control. 3586-W4 July 27, 1998 ­­­­­................................................................................................................................................................................ ....................!.......................................................................................................................................................................... II. SPECIAL BENEFITS Those parcels shown within the boundary shown on Figure I and Figure 2 of:the Plan of Control will receive a particular and distinct benefit in the form of GHAD facilities and services which are over and above the general benefits received by the general public. Specifically, the GHAD will (a) evaluate the performance of the natural and excavated slopes, the surface drainage and ditches to prevent certain geologic hazards within the GHAD, (b)may perform certain temporary and permanent mitigation, repairs and improvement measures to control geologic hazards within the GHAD, and (c) maintain improvements, including debris benches, drainage systems including Witches, public storm drain inlets and outlets, subdrains, and surface drains; instruments such as piezometers settlement monuments and inclinometers, and dewatering pumps, if required. The special benefits are more fully set forth in the Plan of Control. The special benefit derived from the GHAD is proportionate to the entire costs of the GHAD, and the amount of the assessment is proportional to, and no greater than, the reasonable cost of the special benefits conferred on each parcel. III. SPECIALLY BENEFITED PARCELS The specially benefited parcels are those parcels within the boundary shown on Figure I and Figure 2 of the Plan of Control. IV. ASSESSMENT METHOD AND TOTAL ASSESSMENT The performance of the services and the maintenance of the improvements described in Section II will be performed with similar intensity throughout the GHAD. Performance of these services and maintenance of these improvements provide a special benefit to all residential property within the GHAD. All residential properties within the District receive approximately equal special benefit from the performance of services and maintenance of improvements within the GHAD. As a result, the GHAD assessment is distributed equally among all residential property owners within the GHAD. The total assessment chargeable to all the specially-benefited parcels within the GHAD in each year is equal to the total cost of providing the GHAD services in the identified fiscal year plus a reserve amount. The total assessment is based on the projected budget, attached as Exhibit 2. The amount shall be adjusted annually to reflect the percentage change in the Consumer Price Index(CPI)over the previous twelve-month period. A reserve is budgeted because the monitoring and maintenance costs do not include the repair of any large-scale soil slumps, landslides, erosion or blockage. The occurrence of such events is rare. If such events occur, they are expected to coincide with periods of extremely high rainfall. Historic rainfall data conservatively indicate that such periods occur approximately once every 10 years. The actual cost to repair a soil slump, erosion or blockage depends on the magnitude 3586-W4 July 27, 1998 ............................................................I......... ................................................................................ of such events. The reserve amount is based upon soil slumps,landslides, erosion or blockage of medium magnitude. The GRAD also has the power under the State of California Public Resources Code to raise bonds for the purpose of paying the costs of GRAD improvements, and I to accept financial assistance, including loans, in order to accomplish any purpose of the CHAD statute. Should the GRAD arrange such fmancing, each parcel will be assessed a proportionate amount to reimburse these financial sources. V. ASSESSMENT PER PARCEL Each parcel on which an assessment is levied will be assessed $550 per year, plus an annual adjustment to reflect the change in CPI from the previous year. (The automatic CPI adjustment to the assessment is justified because it will correct the assessment to reflect changes in actual costs of operating the CHAD.} The assessment will be levied in perpetuity. 3586-W4 July 27, 1998 c x A On N�.Y ,��*i Ld W� � y •M Milt ca. 03 n ro. HEM L: 0 su «— VIA ME Ican U-1w ro vP; vAAAco m �. tom CL w 10 g � i 9 99 EMU I pp t�py t SEM-1 s9can 5 1 9 g N_ 1 a fSC3o �{>ppryWygvp 3 �p� V 299 01 W W *WJm O! j }(,W .P w 0 99029 t::>� 45 h,T N p �id Cal J W,STI�hT N-+tiM W w A &M M 9 O U69 Mn gA 4 So ��m��� EXHIBIT C Notice of Adaption of Resolution by the Board of Directors of Weidemann Ranch Geologic Hazard Abatement District On September 1, 1998,the Board of Supervisors of Contra Costa County,acting as the Board of Directors of the Weidemann Ranch Geologic Hazard Abatement District,adopted Resolution No.98/ setting a Public Hearing to consider adoption of an assessment to finance the CHAD. If the assessment is adopted,the property you own within the Weidemann Ranch Project will be assessed$550.00 per residential parcel per year,plus an annual adjustment to reflect the percentage change in the Consumer Price Index(„CPI")over the previous twelve- month period. The assessment shall continue to be levied in perpetuity. The attached Engineer's Report for the Weidemann Ranch Geologic Hazard Abatement District was prepared by the CHAD Geologist/General Manager and one of its registered professional';engineers certified in the State of California,and describes in detail the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated. The Engineer's Report specifically sets forth the total assessment that will be chargeable to the entire CHAD,the proposed estimated assessments to be levied each year against each residential parcel,and a description of the method used in formulating the estimated assessment. A copy of the Engineer's Report is also available for inspection at the office of the Contra Costa County Department of Public Works,255 Glacier Drive,Martinez,California 94553. The Board of Directors will conduct a Public Hearing on October 20, 1998 at 2:00 p.m. in Room 107 of the Board of Supervisor's Chambers,651 Pine Street,Martinez,California 94553,to tabulate Assessment Ballots and to hear any protests on the proposed assessment. The following paragraph provides the procedures for returning,and tabulating the Assessment Ballots. A copy of the Notice,Assessment Ballot and Engineer's Report has been sent to each of the property owners within the GRAD;your Assessment Ballot is attached to this Notice. The Assessment Ballot may be completed and mailed or hand-delivered to the Public Works Director,255 Glacier Drive,Martinez,California 94553, or you may submit your Assessment Ballot at the Public Hearing. You may submit,withdraw,or change your Assessment Ballot at any time prior to the conclusion of the public testimony on the proposed assessment at the Public Hearing. At the Public Hearing,the Public Works Director will deliver the Assessment Ballots it has received to the Board of Directors of the CHAD,which will consider all protests and tabulate the Assessment Ballots. The Board of Directors will not impose the 12roposed assessment if there is a majority rotest. A majority protest exists if,upon the conclusion of the Public Hearing,Assessment Ballots submitted'in opposition to the assessment exceed the Assessment Ballots submitted in favor of the assessment. In tabulating the Assessment Ballots,the Assessment Ballots will be weighted according to the proportional financial obligation of the affected Property. Inquiries regarding the proposed assessment may be made to Skip Epperly,telephone(925)313-2253. RESOLUTION NO. 98/441 EXHIBIT D ASSESSMENT BALLOT Assessor's Parcel Number or Property Description: Record Owner: Address: Yes, I approve the proposed annual assessment described in the attached Notice on the property identified in this Assessment Ballot. No, I do not approve the proposed annual assessment described in the attached Notice on the property identified in this Assessment Ballot.- Signature of Record Owner Authorized Representative of the Above-Identified Property Mail or Deliver Assessment Ballot to: Public Works Department 255 Glacier Drive Martinez CA 94553 RESOLUTION NO. 98W1 r,