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BOARD OF SUPERVISORS, AS BOARD OF ,;`•'=--� �`--=�;,,
DIRECTORS FOR WENDT RANCH GEOLOGIC _ _�- :•
HAZARD ABATEMENT DISTRICT - ----�A- -7
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FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR == ;-��~�
°SrA-�aU�.� Cou n ty
DATE: July 19, 2005
SUBJECT: ADOPT Resolution No. 2005/3eg'f / approving the annexation of the Alamo Creek and Intervening
Properties projects into the Wendt Ranch Geologic Hazard Abatement District (GHAD) and
approving Revision 1 to the Wendt Ranch Geologic Hazard Abatement District (GHAD) Plan of
Control, Danville area. (District III) Project No. 0651-6LO72R
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
ADOPT Resolution No. 2005/91Z/ approving the annexation of the Alamo Creek and Intervening Properties
projects into the Wendt Ranch Geologic Hazard Abatement District (GHAD); and approving Revision 1 to the
Wendt Ranch Geologic Hazard Abatement District(GHAD)Plan of Control; and
APPROVE the annexation of the Alamo Creek and Intervening Properties projects into the Wendt Ranch
Geologic Hazard Abatement District(GHAD); and
APPROVE Revision 1 to the Wendt Ranch Geologic Hazard Abatement District(GHAD) Plan of Control.
CONTINUED_-ON ATTACHMENT: D SIGNATURE: �✓
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON �J APPROVED AS RECOMMENDED � OT
VOTE OF SUPERVISORS:
x I hereby certify that this is a true and correct copy of an action
i UNANIMOUS(ABSENT •:.•�—� ) taken and entered on the minutes of the Wendt Ranch GRAD
AYES: NOES: Board on the date shown.
ABSENT: ABSTAIN:
Contact:Public Works Department(Special Districts)
Originator:Teri Rie(313-2363)&Lisa Carnahan(313-2191)
TR:LC:rmsr
G:\GrpData\SpDist\Board Orders\2005-Board Orders\Wendt Ranch ATTESTED '
GHAD\07-19-05 Wendt Ghad Rev 1.DOC JOHN SWEETEN
HAD CLE and COUNTY
ADMINISTRATOR
cc: County Administrator
County Counsel
GRAD Manager
Public Works— T.Rie BY.
C� 47;
L.Carnahan '
DEPVTY
SUBJECT: ADOPT Resolution No. 2005/40U/ approving the annexation of the Alamo Creek and Intervening
Properties projects into the Wendt Ranch Geologic Hazard Abatement District (GHAD) and
approving Revision 1 to the Wendt Ranch Geologic Hazard Abatement District (GHAD) Plan of
Control, Danville area. (District III) Project No. 0651-6L072R
DATE: July 19, 2005
PAGE: 2 of 2
FISCAL IMPACT:
There will be no impact to the County General Fund. All costs will be covered with revenue generated through
parcel assessments on the territory to be annexed to the Wendt Ranch GHAD.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Conditions of Approval for the Alamo Creek and Intervening Properties projects (SUB 8331, 8381, 8382)
require the establishment of a GHAD prior to issuance of the first building permit.
To satisfy these requirements, the developers of the projects elected to petition the Board of Directors of the
Wendt Ranch GHAD (GHAD Board) to annex the Alamo Creek and Intervening Properties projects into that
existing GHAD. The territory to be annexed pursuant to the GHAD petition is currently owned by the
developers. The boundaries of the territory to be annexed and the boundaries of the subdivisions are the same.
It is anticipated that approval of this annexation would result in a decreased levy (from approximately $400 to
approximately$300 annually) on those owners currently within the GHAD boundaries.
The original plan of control (dated February 20, 2001) for the Wendt Ranch GHAD was adopted on February
12, 2002 (Reso. No. 2002/59) at the same time the Wendt Ranch GHAD was formed. In connection with the
proposed annexation, Revision 1 to the Wendt Ranch GHAD Plan of Control was prepared to reflect the
following: (1) annexation of the Alamo Creek and Intervening Properties projects into the GHAD; (2)
ownership of the open space by the GHAD instead of the homeowners' associations; and (3) maintenance of
additional water quality facilities (including water quality and bioretention basins), fire breaks and trails, and
restored creek channels (if funded by the developers). By approving and adopting Revision 1 to the Wendt
Ranch GHAD Plan of Control, it would supersede the original plan of control and replace it in its entirety.
Funding for the CHAD will be based on a parcel assessment from each improved lot in the subdivisions, and
will be collected and used in accordance with Revision 1 to the Wendt Ranch GHAD Plan of Control. The
proposed assessment for the annexed territory will be considered at a subsequent public hearing in accordance
with the requirements of Proposition 218.
CONSEQUENCES OF NEGATIVE ACTION:
The Board of Supervisors required the establishment of a GHAD as a condition of approval for the Alamo
Creek and Intervening Properties projects. If the GHAD Board does not proceed with this matter, satisfaction
of this condition would be delayed and possibly may not occur at all.
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BOARD OF DIRECTORS FOR THE
WENDT RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT
Adopted this Resolution on July 19, 2005 by the following vote:
AYES: )9#'ep1,cj, 1 � � crve �" a.n-cE (� �/ I�t�-► a
NOES:
ABSENT:
ABSTAIN: ��j y� ,� RESOLUTION NO. 2005/ GJo2/
SUBJECT: ADOPT Resolution No. 20051V&91 approving the annexation of the Alamo Creek and Intervening
Properties projects into the Wendt Ranch Geologic Hazard Abatement District (GHAD) and
approving Revision 1 to the Wendt Ranch Geologic Hazard Abatement District (GHAD) Plan of
Control, Danville area. (District III)Project No. 0651-6LO72R
(Pursuant to Division 17 of the Public Resources Code with particular reference to Chapter 1
(commencing with Section 26500) and Chapter 2, Article 3 (commencing with Section 26550) and
Article 4 (commencing with Section 26561))
RECITALS:
A. On February 12, 2002, the Contra Costa County Board of Supervisors adopted Resolution No. 2002/59,
approving and ordering the formation of the Wendt Ranch Geologic Hazard Abatement District (GHAD)
and appointing itself to act as the Board of Directors of the GHAD (GHAD Board). This formation was
described in the petition dated February 12, 2002 and in the GHAD Plan of Control dated February 20,
2001.
B. On June 21, 2005, the GHAD Board was presented with a Petition for Annexation of Territory to the
Wendt Ranch GHAD (GHAD Petition), which is included as Attachment 1 and incorporated herein. In
connection with the proposed annexation, the GHAD Board was also presented with Revision 1 to the
Wendt Ranch GHAD Plan of Control, which is included as Exhibit C of the GHAD Petition on file at the
Clerk of the Board and the Public Works Department.
I hereby certify that this is a true and correct copy of an
TR:LC:rm:sr action taken and entered on the minutes of the Wendt
G:\GrpData\SpDist\Board Orders\2005-Board Orders\ Ranch CHAD Board on the date shown.
Wendt Ranch GRAD\07-19-05 Wendt Ghad Rev 1.DOC
Orig.Dept.:Public Works(Special Districts)
Contact: Teri Rie(313-2363)&Lisa Carnahan(313-2191)
cc: County Administrator ATTESTED: Q
County counsel JOHN SWEETEN,GFIA Clerk and County
GHAD Manager Administrator
Public Works—T.Rie
L.Carnahan
ByIr
De
pu_
RESOLUTION NO.2005/y.Z/
• SUBJECT: ADOPT Resolution No. 2005/�/approving the annexation of the Alamo Creek and Intervening
Properties projects into the Wendt Ranch Geologic Hazard Abatement District (GHAD) and
approving Revision 1 to the Wendt Ranch Geologic Hazard Abatement District (GHAD) Plan of
Control, Danville area. (District III)Project No. 0651-61,072R
DATE: July 19,, 2005
PAGE: 2 of 2
C. Revision 1 to the Wendt Ranch GHAD Plan of Control was prepared to reflect the following: (1)
annexation of the Alamo Creek and Intervening Properties projects into the GRAD; (2) ownership of the
open space by the GHAD instead of the homeowners' associations; and (3) maintenance of additional
water quality facilities (including water quality and bioretention basins), fire breaks and trails, and
restored creek channels (if funded by the developers). The proposed revisions are exempt from the
provisions of the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) in accordance
with Public Resources Code section 21080(b)(4).
D. On June 21, 2005, the GHAD Board adopted Resolution No. 2005/378 accepting the GHAD Petition and
Revision 1 to the Wendt Ranch GHAD Plan of Control and setting a hearing to consider the proposed
annexation and the proposed revisions for July 12, 2005. This hearing was continued to July 19, 2005 to
allow for notice of the hearing to be given in accordance with Public Resources Code sections 26562 and
26563.
E. On July 19, 2005, the GHAD Board held a public hearing on the proposed annexation and Revision 1 to
the Wendt Ranch GHAD Plan of Control. At the time set for the hearing, no owner of real property to be
annexed to the GHAD nor any owner of real property currently within the GHAD boundaries had made a
written objection to its annexation or to Revision 1 to the Wendt Ranch GHAD Plan of Control in
accordance with the provisions of 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.
THE BOARD OF DIRECTORS OF THE WENDT RANCH GEOLOGIC HAZARD
ABATEMENT DISTRICT RESOLVES AND ORDERS THAT:
I. The GHAD Board concludes that Revision 1 to the Wendt Ranch GHAD Plan of Control is substantially
in the form described in Sections 26552 and 26509 of the Public Resources Code and the GHAD Petition
is substantially in the form described in Section 26552 of the Public Resources Code.
2. The GHAD Board hereby approves the annexation of the Alamo Creek and Intervening Properties
projects to the Wendt Ranch GHAD as described in the GHAD Petition subject to the adoption of a
resolution approving the annexation by the Board of Supervisors of Contra Costa County as required
under Public Resources Code section 265 8 1.
3. The GHAD Board approves and adopts Revision 1 to the Wendt Ranch GHAD Plan of Control (Exhibit C
of the GHAD Petition), which supersedes the original plan of control and replaces it in its entirety.
4. This Resolution shall become effective immediately upon its passage and adoption.
ATTACHMENT 1
PETITION FOR ANNEXATION OF TERRITORY TO THE
WENDT RANCH GEOLOGIC HAZARD
ABATEMENT DISTRICT PURSUANT TO
DIVISION 17(commencing with section 26500)
OF THE PUBLIC RESOURCES CODE
OF THE STATE OF CALIFORNIA
TO: The Clerk of the Wendt Ranch Geologic Hazard Abatement District("GHAD")
(Clerk of the Board of Supervisors)
The undersigned owners of land within the boundaries of the territory proposed to
be annexed to the GHAD hereby request that the Board of Directors of the GHAD ("GHAD
Board") initiate proceedings to annex the territory described in Exhibit A ("Boundary Map")
and Exhibit B ("Legal Description"), attached hereto,to the GHAD pursuant to Article 3
(commencing with Public Resources Code § 26550) and Article 4 (commencing with Public
Resources Code § 26561) of Chapter 2 of Division 17 of the Public Resources Code (§ 26500
et seq.). Said owners are the owners of all the territory proposed to be annexed.
(a) This petition is made pursuant to Division 17 of the Public Resources
Code with particular reference to Article 3 (commencing with Section 26550)and Article 4
(commencing with Section 26561).
(b) Opposite the signature of each petitioner is an indication of the lot,tract
and map number or other legal description sufficient to identify the signature of the petitioner as
that of an owner of land within the territory proposed to be annexed.to the GHAD.
(c) Opposite the signature of each petitioner is an indication of the date on
which said petitioner's signature was affixed to this petition.
(d) The following documents are attached to this petition and are incorporated
herein by this reference as if set forth in full in the petition:
WC/30171638.2
1. A map of the boundaries of the territory proposed to be annexed to
the GRAD (Exhibit A
2. A legal description of the boundaries of the territory proposed to
be annexed to the GHAD(Fghiand
3. Revision 1 to the Wendt Ranch GHAD Plan of Control prepared
by an engineering geologist certified pursuant to Section 7822 of the California Business and
Professions Code,which describes in detail geologic hazards,their location and the areas
affected thereby,and a plan for their prevention,mitigation,abatement and control thereof
(Fxhibit Q.
SHAPELL INDUSTRIES, INC.
a Delaware corporation
By; ' 1��h� 'Tiz��/ Date
J. Christian Truebridge 6'
Its Assistant Vice President APNs*. 206-a030,,23,206.,030-25,
206-030-28,206-030-33,and
206-030-35
PONDEROSA HOMES II, INC.,
a California corporation
By: Date
Jeffrey C. Schroeder
Its Vice President, APNs: 206-030-26 and 206-030-27
Land Acquisition and Planning
2
wcr30171e3e.2
1. A map of the boundaries of the territory proposed to be annexed to
the GHAD (E&hibit ;
2. A legal description of the boundaries of the territory proposed to
be annexed to the CHAD (Exhibit B),s and
3. Revision 1 to the Wendt Ranch GHAD Plan of Control prepared
by an engineering geologist certified pursuant to Section 7822 of the California Business and
Professions Code,which describes in detail geologic hazards,their location and the areas
affected thereby,and a plan for their prevention, mitigation, abatement and control thereof
(Exhibit Q.
SHAPELL INDUSTRIES,INC.
a Delaware corporation �
By: Date i
J. Christian Truebridge �
Its Assistant Vice President ' APNs: 206,w030-23,206-,030-,25,
206-030.,28,206-030-33, and
206.-030o.35
PONDER SA HOMES II, INC.,
a Califo rpora a' n
By: Date 4: ��
C. chroeder
ts ce resident, APNs: 206-030-26 and 206,-030-27
Land A uisition and Planning
2
wcr3017163e.2
CONTRA COSTA RE INVESTORS,LLC,
A California limited company
By: Braddock 8c Logan Services,Inc.,
a Califomia,corporation
Its: Manager
By: Date_..
jep .Rappel
I President APN 206-190-001, 206-190-002, 206-190-003
9
206-190-005, 206-190-006, 206-020-03319
206-220-001, 206-220-002, 206-220-003,
206-220-004
DANVILLE TASSAJARA PARTNERS,LLC,
a Delaware limited liability company
By: LENNAR HOMES OF CALIFORNIA,INC.
a California corporation
Its: Managing Member
By: Date
Lynn Jochim
Its: Vice President APN
3
wc30171e3e.2
CONTRA COSTA-RE INVESTORS,LLC,
A California limited company
By: Braddock&Logan Services,Inc.,
a California corporation
Its: Manager
By: Date
Joseph E.Raphel
Its President APN
DANVILLE TASSAJARA PARTNERS,LLC,
a Delaware limited liability company
By: LENNAR HONES OF CALIFORNIA,INC.
a California corporation
Its: Managing Member
B y4�5 4 We.-O '� Date 14P6�
Lynd6im
Its: Vice Presi`/ennt APN ZO�Q-oZo,aftg
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GHAD BOUNDARY
SUBDIVISIONS 8331, 8381, 8382, 8002, 8698 AND 8847
EXHIBIT B
BEING A PORTION OF SECTION 5, TOWNSHIP 2 SOUTH RANGE 7 EAST
AND A PORTION OF SECTION 32, TOWNSHIP 1 SOUTH, RANGE 1 EAST,
MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST '/, CORNER OF SAID SECTION 5, THE
CALIFORNIA STATE PLANE COORDINATION SYSTEM 1983 DATUM
COORDINATE ISN 2,284,370.68, E 6,438,799.75; THENCE FROM SAID
POINT OF BEGINNING
NORTH 01°1 2'32" EAST 2576.36 FEET;- THENCE
NORTH 00°51'07" EAST 1400.45 FEET; THENCE
SOUTH 87°57'58" EAST 935.81 FEET; THENCE
NORTH 00°51'07" EAST 50.01 FEET; THENCE
SOUTH 87°57'58" EAST 338.35 FEET; THENCE
SOUTH 74°24'09" EAST 1488.19 FEET; THENCE
NORTH 76°26'29" EAST 948.20 FEET; THENCE
SOUTH 03016'26" WEST 52.33 FEET TO THE BEGINNING OFA NON-
TA NGENT CURVE
CONCAVE TO THE SOUTH, HAVING A RADIUS OF
1950.21 FEET, A RADIAL LINE TO SAID POINT OF BEGINNING BEARS
NORTH 12°59'15" WEST; THENCE
EASTERLY 492.41 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 14028"00"1 A CHORD DISTANCE OF 491.10 FEET;
THENCE
SOUTH 88°41'01" EAST 918.99 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1950.20;
THENCE
EASTERLY 187.74 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE. OF 5°30'56", A CHORD DISTANCE OF 187.67 FEET;
THENCE
NORTH 01°28'35" EAST 14.90 FEET TO THE BEGINNING OFA NON-
TANG-ENT
CURVE CONCAVE TO-THE SOUTH HAVING A RADIUS OF
2296.66 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS
NORTH 05°12'56" EAST; THENCE
EASTERLY 214.43 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 5°20'58", A CHORD DISTANCE OF 214.35 FEET;
THENCE
SOUTH 79°26'06" EAST 129.83 FEET; THENCE
NORTH 78002'16"WEST 347.00 FEET; THENCE
NORTH 01°28'35" EAST 25.42 FEET; THENCE
SOUTH 78°02'16" EAST 840.37 FEET; THENCE
SOUTH 05°33'28" EAST 1146.07 FEET; THENCE
SOUTH 02°14'27" WEST 1660.66 FEET; THENCE
SOUTH 72°51'09" EAST 248.70 FEET; THENCE
SOUTH 19°55'23"WEST 485.76 FEET; THENCE
GHAD BOUNDARY
SUBDIVISIONS 8331183811838218002l 8698 AND 8847
SOUT0 H 1'9004'32n EAST 310.76 FEET; THENCE
SOUTH 07028'37"WEST 231.10 FEET; THENCE
SOUTH 14°22'57" EAST 352.47 FEET' THENC E*
SOUTH 13°32'28" WEST 520.13 FEET; THENCE
SOUTH 37000'00"WEST 220.00 FEET; THENCE
SOUTH 66045'00"WEST 552-17. FEET; THENCE
SOUTH 07°30'00" EAST 160.52 FEET; THENCE
SOUTH 05030'00"WEST 1330.80 FEET; THENCE
NORTH 71034'36"WEST 133.16 FEET; THENCE
SOUTH-- WEST 63.56 FEET; THENCE
SOUTH 44021'38" WEST 305.22 FEET; THENCE
NORTH 05°59'20" EAST 375.19 FEET; THENCE
NORTH 88°4933" WEST 3897.41 FEET; THENCE
NORTH 00°49'06" EAST 2652.17 FEET; THENCE
NORTH 890 1'1 7" WEST 1310.78 FEET
CONTAINING 831.68 ACRES MORE OR LESS
EXHIBIT "B" ATTACHED, AND BY THIS REFERENCE MADE APART HEREOF.
Exhibit C
Revision 1 to the Wendt Ranch GHAD Plan of Control
WC/30171638.2