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MINUTES - 09262006 - C.23
TO: BOARD OF SUPERVISORS, AS GOVERNING ` -�� Contra BOARD OF THE BLACKHAWK GEOLOGICAL _ HAZARD ABATEMENT DISTRICT Costa FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR n .A COU13"� Y County DATE: September 26, 2006 SUBJECT: ADOPT Resolution 2006/545 accepting the Canyons at Blackhawk Owners' Association Petition for Annexation of Territory into the Blackhawk Geologic Hazard Abatement District (GHAD), accepting the Second Amended Blackhawk GHAD Plan of Control, and fixing a hearing for October 17, 2006 to consider the Petition for Annexation of Territory, Danville area. (Blackhawk GHAD Funds) (District III) Project No. 7496-6X5584 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: 1. ACCEPT the Canyons at Blackhawk Owners'Association Petition for Annexation of Territory into the existing Blackhawk GHAD; 2. ACCEPT Second Amended Blackhawk GHAD Plan of Control; CONTINUED ON ATTACHMENT: 0 SIGNATURE: �l RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOA �T y^��,d G,/o�,� :?,&�OVED AS RECOMMENDED OTHER 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: ED:sj p-_ G:\SpDist\Board Orders\2006-Board Orders\09-26-06 BO Blackhawk.doc ATTESTED Z�je JOH CULLEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: County Administrator Assessor Auditor-Controller Community Development BY: DEPUTY County Counsel F.Doten,Special Districts Blackhawk GHAD File General Manager,Blackhawk GHAD Attachments: A—Petition for Annexation of Territory B—Second Amended Blackhawk GHAD Plan of Control C—Blackhawk GHAD General Manager Letter Dated September 8, 2006 re:The Canyons at Blackhawk Annexation Documents SUBJECT: ADOPT Resolution 2006/545 accepting the Canyons at Blackhawk Owners' Association Petition for Annexation of Territory into the Blackhawk Geologic Hazard Abatement District (GHAD), accepting the Second Amended Blackhawk GHAD Plan of Control, and fixing a hearing for October 17, 2006 to consider the Petition for Annexation of Territory, Danville area. (Blackhawk GHAD Funds) (District III) Project No. 7496-6X5584 DATE: September 26, 2006 PAGE: 2 of 3 RECOMMENDED ACTION: (continued) 3. ADOPT attached Resolution 2006/545 fixing hearing on aforementioned Petition for Annexation and directing notice thereof be mailed to each owner of real property proposed to be annexed to the Blackhawk GHAD and to each owner of real property currently within the GHAD boundaries 4. FIX a Public Hearing for October 17,2006 at 9:30 a.m. in Room 107 of the Board of Supervisor's Chambers,651 Pine Street, Martinez, California, to consider the proposed annexation of territory into the existing Blackhawk GRAD, and to hear any written objections thereto; and 5. DIRECT the Public Works Director, or designee, to mail, a written notice of the hearing on the Petition for Annexation along with a copy of the petition and proposed resolution to all owners of real property within the proposed district pursuant to Public Resources Code Sections 26557, 26561, 26562 and 26563. FISCAL IMPACT: There will be no impact to the County General Fund. All costs for the operation of Blackhawk GHAD are paid for through revenue derived from County Service Area M-23. The GHAD manager anticipates a fiscal impact to the GHAD of about$5,000 annually to inspect and clean the v-ditches. The GHAD manager further anticipates the cost of cleanup of debris flows to be$10,000 to$50,000 annually. Administrative costs for addressing owner concerns (based on the average per unit in the Blackhawk GRAD) should total about $2,000 annually. The total estimated 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 which 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 GRAD. 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(Attachment A). If the annexation is approved, the boundaries of the Blackhawk GHAD and CSA M-23 will be identical. 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. Blackhawk GHAD Policies and Procedures related to annexations have been followed in preparing the annexation SUBJECT: ADOPT Resolution 2006/545 accepting the Canyons at Blackhawk Owners' Association Petition for Annexation of Territory into the Blackhawk Geologic Hazard Abatement District (GHAD), accepting the Second Amended Blackhawk GHAD Plan of Control, and fixing a hearing for October 17, 2006 to consider the Petition for Annexation of Territory, Danville area. (Blackhawk GHAD Funds) (District III) Project No. 7496-6X5584 DATE: September 26, 2006 PAGE: 3 of 3 materials. These procedures allow the GHAD General Manager to waive in writing,information from the applicant not otherwise required by state law. In this petition for annexation the General Manager has waived certain requirements and addressed the waivers in a letter dated September 8, 2006 (Attachment C). In connection with the proposed annexation,revisions to the Blackhawk GHAD Plan of Control have been made to reflect the following: (1)Corrections to the legal description of current GHAD boundaries and(2)legal description of the area to be annexed into the GHAD. If adopted, the Second Amended Plan of Control (Attachment B) will replace in its entirety the current Plan of Control originally adopted on April 22, 1986 and amended on May 25, 2004. CONSEQUENCES OF NEGATIVE ACTION: The owner-members of The Canyons at Blackhawk 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 Board does not proceed in this matter,The Canyons at Blackhawk 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 at risk. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE BOARD OF DIRECTORS FOR THE BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT ___Adopted this Resolution on September 26, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.2006/545 SUBJECT: ADOPT Resolution No.2006/545 accepting the Canyons at Blackhawk Owners'Association Petition for Annexation of Territory into the Blackhawk Geologic Hazard Abatement District (GHAD), accepting the Second Amended Blackhawk GHAD Plan of Control, and fixing a hearing for October 17,2006 at 9:30 a.m.,to consider the Petition for Annexation of Territory and the Second Amended Plan of Control, Danville area. (District I11) Project No. 7496- 6X5584 RECITALS: A. On April 22, 1986, the Contra Costa County 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 (GHAD Board). This formation was described in the GHAD Plan of Control dated April 22, 1986. B. On September 26,2006,the GHAD Board was presented with and reviewed the Canyons at Blackhawk Owners' Association Petition for Annexation of Territory to the Blackhawk GHAD. The territory proposed to be annexed into the GHAD is identified in the boundary map as shown in Appendix B of the Second Amended GHAD Plan of Control. 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 r— // G:\SpDist\Board Orders\2006-Board Orders\09-19-06 BO Blackhawk Reso.doc ATTESTED-=<95??, P"iib -7,' 00�;, -94-0-COrig.Dept.:Public Works(Special Districts) JOHN CULLEN,Clerk of the Board of Supervisors and Contact: Eric Whan (313-2242) cc: County Administrator County Administrator County Counsel Blackhawk GHAD File E.Doten,Special Districts B General Manager,Blackhawk GHAD y Deputy RESOLUTION NO. 20061545 SUBJECT: ADOPT Resolution No. 2006/545 accepting the Canyons at Blackhawk Owner's Association Petition for Annexation of Territory into the Blackhawk Geologic Hazard Abatement District (GRAD), accepting the Second Amended Blackhawk GHAD Plan of Control, and fixing a hearing for October 17, 2006 at 9:30 a.m.,to consider the Petition for Annexation of Territory and the Second Amended Plan of Control,Danville area. (District III)Project No. 7496-6X5584 DATE: September 26, 2006 PAGE:2 of 2 C. On September 26, 2006,the GHAD Board was presented with and reviewed the Second Amended Blackhawk GHAD Plan of Control (dated August 30, 2006),which is on file at the office of the Clerk of the Board,the Blackhawk GHAD office and the Public Works Department. Revisions to the Plan of Control have been made to reflect the annexation of the Canyons at Blackhawk subdivision and adjacent open space into the GHAD. If adopted, the Second Amended Plan of Control will replace in its entirety the Plan of Control originally adopted on April 22, 1986 and amended on May 25, 2004. THE BOARD OF DIRECTORS OF THE BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT RESOLVES, FINDS AND ORDERS THAT: 1. This resolution is made pursuant to the provisions of Division 17 of the Public Resources Code with particular reference to Chapter 1 (commencing with Section 26500), Article 3 (commencing with Section 26550) and Article 4 (commencing with Section 26561) 2. The Canyons at Blackhawk Owners' Association Petition for Annexation of Territory to the Blackhawk GHAD is substantially in the form described in Section 26552 of the Public Resources Code; and the Second Amended Plan of Control is substantially in the form described in Section 26509 of the Public Resources Code. 3. The proposed revisions to the Plan of Control are exempt from the provisions of the California Environmental Quality Act(Pub. Res. Code §§ 21000 et seq.)in accordance with the Public Resources Code section 21080(b)(4). 4. It has been presented with and reviewed the Second Amended Blackhawk GHAD Plan of Control and has determined that the health, safety and welfare of the public require annexation of the proposed territory into the Blackhawk GHAD. 5. A public hearing on the filed petition, above determination, and proposed annexation will be held on October 17, 2006 at 9:30 am in the Chambers of this Board, 651 Pine Street, Martinez. 6. The Public Works Director, or designee, shall mail a written notice of the hearing on the Petition for Annexation along with a copy of the petition and this resolution to all owners of real property within the proposed district pursuant to Public Resources Code Sections 26561, 26562 and 26563 to consider the proposed annexation and the Second Amended Plan of Control. 7. This Resolution shall become effective immediately upon its passage and adoption. RESOLUTION NO. 2006/545 Attachment C September 8, 2006 B LAC KHAW K GEOLOGIC Blackhawk GHAD Board of Directors HAZARD C/o Eric Whan Contra Costa County Public Works Department ABATEMENT 255 Glacier Drive DISTRICT Martinez, California 94553 RICHARD D. SHORT GENERAL MANAGER SUBJECT: The Canyons at Blackhawk Annexation Documents KLEINFELDER, INC. Ladies and Gentlemen: Pursuant to the "Policies and Procedures related to Annexations" (hereafter referred to as Policies) included in the Blackhawk GRAD "Plan of Control" we have reviewed the annexation submittal documents prepared by Hughes and Gill on behalf of The Canyons at Blackhawk Owners Association. The Policies grant the General Manager the authority to waive the requirement for any of the listed documents. The list of required documents itemized in Sections 1 and 2 on pages 2 and 3 of said Policies is presented below along with the General Manager's response. 1. Annexation proceedings shall be initiated either by a Resolution adopted by the Board, or by a petition signed by owners representing not less than 10 of the property proposed to be annexed. The signature(s) on the petition shall be dated and include information sufficient to identify the signature(s) as that of the owner(s) of land within the area proposed to be annexed. GM: Requirement satisfied. Hughes & Gill, representing The Canyons at Blackhawk Owners' Association has submitted the Petition for Annexation including the signatures of five of the members of the Association. The property owned by the five members represents about 15 percent of the residential property. The common land owned by The Canyons at Blackhawk Owners' Association, the petitioners, is about 73 percent of the entire property. The sum of these two groups represents 77 percent of the entire property to be annexed. 2a.A statement that the petition for annexation is made pursuant to Division 17 of the California Public Resources Code. GM: Requirement satisfied. I 4125 BLACKHAWK PLAZA CIRCLE STE.103 DANVILLE,CA 94506 925.964.0823 925.964.0825(FAx) • 2b.A detailed map of the area to be annexed showing property boundaries, proposed development areas and areas proposed to be maintained as open space and assessor's parcel numbers. The area proposed for annexation into the GRAD shall be clearly identified. A Plat map and legal description of the area to be annexed shall be provided in a form acceptable to the General Manager. GM: Requirement satisfied. 2c. The applicant will supply copies of any and all existing geotechnical and/or engineering reports, of which the applicant is aware,prepared in conjunction with any current or prior development proposals on the property. GM: Requirement satisfied. 2d.A proposed Plan of Control, within the meaning of Public Resources Code 26509, prepared by a certified engineering geologist describing in detail the specific geologic hazard(s) within the area to be annexed which the owners are requesting that the GRAD prevent, mitigate, abate or control and providing a plan therefore. If so requested by the General Manager, the applicant may be required to submit the proposed Plan of Control in the form of an amendment to the GHAD's existing Plan of Control GM: Requirement waived. The existing Blackhawk Plan of Control has been revised to include a legal description and map of the annexed property. 2e. If the proposed Plan of Control identifies facilities or activities that the applicant proposes that the GRAD be responsible for installing and/or maintaining (drainage facilities,flood control detention or retention basins, retaining walls, open space or other facilities (or activities)), etc., the applicant shall provide detailed drawings of said facilities, including engineering plans andlor other documentation as may be appropriate. GM: Requirement waived. The annexed property includes approximately 28 acres of common area with approximately 11 acres of residential property. The balance of about 1 acre represents paved streets. The common slopes have about 4,000 linear feet of concrete lined v-ditches constructed sometime after 1996. The plans provided are sufficient. 2f. An analysis of the additional expense(s) anticipated to be incurred by the GRAD in preventing, mitigating, abating or controlling said geologic hazard(s) within the area to be annexed. GM: Requirement waived. The GHAD has reviewed the property to be annexed and the site history since development. The GHAD's own fiscal analysis of the additional expenses to be incurred from the annexed territory is as follows: 4125$LACKHAWK PLAZA CIRCLE STE.103 DANVILLE,CA 94506 Page 2 of 5 925.964.0823 925.964.0825(EAx) • The proposed annexed property includes approximately 40 acres. The 40 acres includes approximately 11 acres of residential property, 1 acre of paved streets and 28 acres of common lands. More than half of the common lands consist of sloping terrain including 4,000 linear feet of concrete V-ditches. The v-ditches are about ten years old compared to the 22 miles of Blackhawk GHAD v-ditches which are about 20 years old. The site history records no significant landsliding since development. Prior to development,the geotechnical investigation prepared for the site in 1989 identified 2 landslides within the site and 28 slides around the perimeter that could affect the site. The project grading removed or buttressed the identified slide areas. The slopes typically have an average of 2 feet of residual soils over bedded fine sandstone, siltstone and claystone bedrock. The adjoining areas of Blackhawk with similar soil and bedrock conditions have not experienced deep seated landsliding. The proposed area to be annexed, however, does have a history of and a significant potential for debris flows in the upper residual soil layer overlaying the bedrock. The GHAD anticipates a fiscal impact of about $5,000 annually to inspect and clean the v-ditches. The GHAD anticipates the cost of cleanup of debris flows at $10,000 to $50,000 annually. Administrative costs for addressing owner concerns based on the average per unit at Blackhawk should total about $2,000 annually. The total estimated fiscal impact is between$17,000 to $57,000. 2g. A report prepared by a certified public accountant, or other professional possessing similar qualifications, to determine the financial situation of 1) the existing GRAD, including its funding methodology and reserve accounts and 2) the area proposed to be annexed. This report shall include recommendations as to how GHAD operations in the area proposed for annexation should be funded including bonds and/or annual assessments which the GHAD will need to receive from the area proposed to be annexed in order to provide the services identified in the Plan of Control, GM: Requirement waived. The GHAD understands that funding for the GHAD comes from a portion of County Service Area M-23 revenues which are received from property taxes based upon the assessed value of all real property within the M-23 geographic area. The owners of real property within the area to be annexed are already paying into the M-23 fund. Therefore, there is no need to analyze or recommend how GHAD services in the annexed territory will be funded. The current GHAD reserve fund is approximately$2,000,000. 2h. A report prepared by a certified public accountant, or other professional possessing similar qualifications, to determine the level of financial contribution that the owners of the property proposed to be annexed should be required to pay into the existing reserve fund of the GHAD as seed funding for the additional reserve amount that will be needed for the area to be annexed. 4125 BLACKHAWK PLAZA CIRCLE STE.103 DANVEELE,CA 94506 Page 3 of 5 925.964.0823 925.964.0825(FAx) At a minimum, the calculation of the amount of contribution to the reserve account shall consider the following: L The geographic size of the area proposed to be annexed in relation to the size of the existing GRAD;and ii. An estimate or projection of the financial resources that the GRAD will require to respond to potential conditions and anticipated damage in the new area in the future due to the geologic hazards) identified in the proposed Plan of Control GM: Requirement waived. See response to 2g above. 2i. If applicable, copies of the conditions of approval for the project from the approving agency, indicating the requirement to form (or annex to) a GRAD. The applicant shall provide copies of the approved tentative map and/or site plans as well as grading and site improvement plans and documentation of any required environmental mitigations that might impact the GHAD's ability to prevent, mitigate, abate, or control the specific geologic hazard(s) identified in the proposed Plan of Control The applicant shall provide copies of any state and/or federal agency permit requirements that might impact the GHAD's ability to prevent, mitigate, abate, or control the specific geologic hazard(s) identified in the proposed Plan of Control GM: Requirement waived. This is an existing completed development. 2j A formal Resolution from the governing body of the City and/or County (if appropriate) in which the property is located in support of the proposed annexation. Said resolution shall indicate the agencies' willingness to: 1) support the operations of the GLAD and, 2) when appropriate, issue the necessary permits and approvals to the GLAD as may be required to prevent, mitigate, abate or control the specific geologic hazard(s) identified in the proposed Plan of Control GM: Approval by the County's Board of Supervisors via a resolution will be sought at the October 17,2006 board meeting. 2& A right-of-entry to allow GLAD personnel to inspect the site prior to annexation and a siatement(or description of procedures) describing how GHAD personnel will have access to individual properties for the purpose of investigating, evaluating,preventing,mitigating, abating and/or controlling the geologic hazard(s) identified in the proposed Plan of Control, once the annexation is approved GM.- Requirement satisfied 4125 BLACKHAWK PLAZA CIRCLE STE.103 DANvaLE,CA 94506 Page 4 of 5 925.964.0823 925.964.0825(FAX) re 21. Such compensatory fees as may be applicable to the filing,processing and hearing of the petition and any financing for the services to be provided to the annexed area. GM: The Petition for Annexation states that $7,500 has been set aside for filing, processing and hearing the petition; however, such amount has not been received from Petitioner. It is recommended that a check in the amount of $7,500 be deposited with the Blackhawk GHAD's General Manager prior to setting a hearing on the Petition. Very truly yours, BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT Richard Short General Manager Kleinfelder,Inc. Cc: Beatrice Liu, Deputy County Counsel Eileen Doten, Special Districts Coordinator 4125 BLACKHAWK PLAZA CIRCLE STE.103 DANVILLE,CA 94506 Page 5 of 5 925.964.0823 925.964.0825(EAx) Attachment A HUGHES & GILL PROFESSIONAL CORPORATION Michael J. Hughes John P. Gall mhughes@hughes-gilLcom jgiff0hughes-gill.com July 31, 2006 Richard D. Short General Manager Blackhawk Geologic Hazard Abatement District 4125 Blackhawk Plaza Circle, Ste. 103 Danville, CA 94506 Re: The Canyons at Blackhawk Owners' Association Petition for Annexation of Territory to the Blackhawk Geologic Hazard Abatement District Dear Mr. Short: On behalf of our client, The Canyons at Blackhawk Owners' Association, we submit the enclosed Petition for Annexation of Territory to the Blackhawk Geologic Hazard Abatement District pursuant to Division 17 (commencing with section 26500) of the Public Resources Code of the State of California. Per conversations with Beatrice Liu, Deputy County Counsel, the enclosed petition is a copy of the petition that we submitted to the Board of Supervisors on February 24, 2006 (without attachments) that includes signatures of at least 10% of the members of the Association. Very truly yours, HUGHES & ,�P.C. a Michael J. Hug MJH:Imb Encl. cc: Board of Directors, The Canyons at Blackhawk Owners' Association Beatrice Liu, Deputy County Counsel Eric B. Whan, Public Works Department 1600 So. MainStreet, Suite 305 • Walnut Creek, CA 94596 (925) 926-1200 FAX (925) 926-1202 i PETITIOt�l FOR AN- E_lATION OF,'T'ERRifiORY TO TIM, i BLACICRAWK GrtOLOGIC HAZARD ABATEMI+tNT LIISTRIC 1 i PURSUANT TO DIVISION I'7 (i)mnicncin- g�vath �cctiou-2f�44j O.'F T..H .P.UBL.1,C RES URCE-�S CODE OF Tfft ST4,lE� OF CAL11 ®RNTA 3. a i TCS: Ilie'Clcrlt_cifdie Blacicltatvk'Geologie ITa-r..ard :AlatcntettC Districi ("GI1Ar ") (Clerk of the Board of_.Sulacrvisvrs 1110 undersigned owner ofland within the boutldaries-,of ttie territory prijp.ps,ed tri be nr tkxcd 1 the GHAl7. Itcrcla rc lut sts bat he_i bard of Directors.at'the GRAD (GH AD Board) uutiate proceedings t. anli&x. the territory, described in Attaclunent: A �(Boundary ..Nlan) ttad AttachrtSettt B. (U. gal Descriptioii), attached Hereto, to the GEIA' pursuant to Article 3 (colon encing %vith PL3Pi k Resources Cade. 2. 6550) :end iVtii;lc 4 (coniilieacitig:with Public kesoUrms .Cade ;.26563) of Chapter 2: of 1 Division 17 of tle Public Resources Code-(§ 2655 et sec1). Saki te.rritoDcotttp6ses all.re al;.pr6pzrlj Within.The t;atiybtts Assctciat.ibu �ssecitttiun), a Calif i`nia nonprofit mutual bene..fit corportititin in abod standuia. All -property ti`�ifliin the Association s oti�iled either by the 37 ! individual lot o-, ners-.. or .ley the .corpmite hotneotvrter5 aSsoc�atioii. 'f7 e. cltal}x_.tl,cctet! Board of' Directors 6f the Ass ocil on is the apldicant to tltis.Pet.lion oti behalf of all.property,oti"ers wildiin the ! ttrrit'Ory, proposed:to be annexed. (ti) This Petition, is t11e(I. PLLrsuant: to Division 17 of the- 'Public Resources Code with particular reference; to Areicle .' (conu iericin Niith` 265_0) and Article el (eomrnencirdy.z.%r.ith ,h) Attachment C is a cicscriptitiri Oftl}e proem' (Ccmin n Ate i) tiiti�ried ;_bv flee 4ssoci;itiort .sufficient tt identify pUtitioner as,aii o;truer of a.portion of the land within the,territory proposed to,be annexed to the G`ki-W. (c) T,110ti�riitt�-tfir-. Signature oI.petitioner are listed the individual Associadon .members their resiclzttc`e acldresscs.`And .die AT'N� of tl%osu .lots d4tinccl by each ateiztLcr within the terrifoij proposed to be aiwi_\ ti. i { (d) The-laid o%vtl rl`byg the arid, the]&a 6' tied.by its iricrnbers ,make up the;emiriC6.,bf the.terri.rV fAitacliritent.L l rtelttestccl to be anne ped to the G -lAD. I f , (e) Staid terrifon is p1rt of C S-A Ditrict IK-23.. (f) tin e ist tag plait of L rttrof <�vithin ,the-ni�tttutic:Of Public Resoutcess 'Code2 509 is c€tirrehtly in existence for the GHAT) whoch would apply tit the:territory proposed to be armexed. i (g) Petitioner docs rkot anticipate,tha.1 the.ant ekati aii of t.lie 61,bp6sed territory N4ill-VeSult its additiaiial sigriife<-utt expense to the Gl-ADJn prk eventing. ntitigatin- abating or controlling any ger-logic Hazards in the territory Wbe annexed. Re'viev; of the reccirds nlaiiitahied by thc-Assuciation for Ml 1Prol*.c rtie.s proposed to be an e"x'b fi'reved ed nt incidences .tif 4 of i is aetivity since otic development of the r'1ssodiation. ! +i l.i �1 1 (ti �l R (ii) The ratio of-the geographical size of theta territory.proposed to be aniicjcd it�.refatiQn`to the siza of the e,xtsting;G=1AD is 40 (acres_) to 5.000 (a r }. TEu '-small ratio as,x ell a; the existing i rundiiie that:has 6eei2 and will be., provided"by virtue oF-the-IM-23 coverage. should result-in minfinal 4 required seed-Rinding.,for the additionall reser,cs,needed for ihearea to bet arFnexed.. At the tihie of the ! f)F`I indl C[?1]nt ' ppr6viil for develtpmznt "csf"tlie petitioner t1s� ciation. $7,500 %vas se E sade foi: .0yeatual contribution to the.G Imo. (i) Right ol''Entry. fiirmg -Miall be. provided to.allow G:IIAD pct-scnwel..to inspcui.the• s.ii;& .prior to annexation (. ttaclunent '0) The followi'rig.documents are 'attached to this :petition and are. intobratcd�lizr6 .by E this reference as ifset'fc rth in.fUH: 1: .A map of the boundaries ,of the ier"ritor,r`propos'ed to be 6nn}Red to the GT1AL7 (_ ttaclinrc"nt ) I t 2. A legal..description f the boinidaries.of"the tetritc�r�f pappcised to be.annexed to ttie,.Cj.H D (Attaclunent B); I �: T'artior of the crr�trar�;.n.i:ieii ti� t}it-flssciviatio.i (�lttarl-Fn�et2t�.' 4_ Right of Fntry Forms(At(achment 13): and 5: A BerloSuar Geotetluiteal Consuita nt's geotechtfFCa 1, trf e5itblt'4uti E"br tli� teErFTQi'4 prupgk,d to be an:nexcd. dat6d JUl}P 19,_ 1:989; rd nectiol .vitlitheoal deelaplt of cn � ap liea-* L.�ssaciatioii: Said reptirt.Gon# .ins-a Geologic.lMap,For the subject Le 4tory (.Yttaclirnmi:C). L)ato; $ LOO THE C�T)"ONS AT13LAC1 I:LA1�l�l GWNTIE tS' ASSOCIATION its General %taanaget• r ' i API 8tee et:Add cess Ci y,.Staje, trip Qtdc. I Owner 2034,301-001 10 NppGru6(�d Laine. Dtuiville:.C,xl 94505 :tttstin Clark]Shannon 203-83M04 11 Pe �emood Labe Danville CA, 94506 F' l?] ( �'`[�iFiiotlhy L-ca2a�iriar'�1�Iliarns. M-830-015 112 Deer Meadoxv Terrace Danville. CA 94305 ?Mansour Talich Niuvafagh 203-8:30-Cl 16, 118 Nor:N eadow Ter-race' Daiiville,.CA 945.0;6 Shi&.&v,"Y"uka ti`ania'i. 203-83Ct-OG2 122 Decr'Meadoxv Terrace. Da*nville, CA 94505 Nieholas &Lonliie'.DaC"costa '03-8 0-004 15 Ngenvood.Latie I Pahv lle. CA 94.506 Yan Lul:_ito Danville,.CA. 9506 J.Mark:c� -SheilaO'Leary eary Qi-$3�=UC1 17 Rep�envt�od LaneD ' 203-840-005 2701 Deer:Meadow Drjve Daliville. CA 94506 Stt even I 10iior Har s 2 i ^F r i i. !F Al<IN Sfrek't;��dress Cita, State; h Ccydc- Oivricr � 203-840-006 270.7.Dc€rr1+le?doa ,, 17rite Danville, CA. 94506 Reih1./.CoitrelI 90 840-007 2715 Dcer i lcWow Drive Danville, CA 94506 T rank&E_llcn Vaeulirr 203-840-008 2721 Dccr lvleat Qcxv Drive, Dari'ville,CA ,94506 KentT'rice 2034.40-UUP?: 2727 Deer' Nleddow Driv-e. Turville, CA :4506" Priscilla Nj&ycr/Caetui Spiegelmw' . 203=940-00 27.x0'Llecr-Meadow Drive . Danville.CA 5450'6 1 George & N.Taurcen Lolir, "l 203-f140-01a 2733 i7ccr Mcat3t�iv T�ritirc Dati�-it]e.,C1 .9 06 Jaines:: De�iise ll�an:ini l 203440-003 2736 Deer lytcadow Drive 5an'ville, CA 94506 Arbogast/1'leil'er ; i 203-840-016 2739'D e*-er hdeado-xv Drive Danville, CA .94506 I-Kchlipth&Sherry bill: j 1 203=840-002 2742 Ikee 1t4eacltilt'-Drive. Danville_ CSA ,94706 Donald:Johnson 203-540-01-2 1 2745�Dccr N4eado' w Drive I Danville: CA 94506 Johd Elmer/SaJ.ldra:Cala}( 203-840-001 2.748 Deer kle.adovV Drive Dan-ville,CA 945.06 LaxN-i-ence.&T'Ind Radford 203-830-009 2751 Deer Meadow Drive . Danville .(;A 94.506 RL:tndy & Sandra Thornton .213-830-008 2754:Dddt•Mead6%v Drive j Dam61le,'.CA 94506 K;rlc'Van Brocklin 20':_830701a 2757 Deer Meadow mie, CA 94506 il+larlcr e..& Gnrlis'c: er 203-840-011 .2763. Deer M,eadow-Drive j i 2ulvLllc,..CF1 94-506 Steven& Christine.Spiva 203-830-012 2768'.DGur Meadow Dile ! Danti,ille. CA 945506 Teresa Dirnieglio: 203-830-01-4 2769 Dear. I,'l low Dra�•-eMahVille.,C A 9456 C rai :c5:Patric•ia.l icu 203-830-017 -2775 Deer-Me dow Drive � Danville. Ct1 94506 J'lvlicha;1 &Diane Pautik 203-820-007 40 Blackhall" Place, Darnvill&,.CYk 94506 '1"hbMas &Taibara iaeverell 2U'-820-01 1 '45-131adkhill.s Place Danville,'CA 94501 Evao'&.'Hircnl-OR 203-820=606 48 Blacl-ltills Place D;r). llt, C,. 94506 I,.,iarie &J&ume Wu 203-8520-01; 53 Black-hills PI<<cc DMiville,'Cts 94506 Richard & lC:athleen CEr ent�r 2{3-820-01b 61 Black-hills Place G' r � Dan��illz, C;.k1 94x.0.6 ( C7cna &`Ldp"ai-i iet i 203-$20-1105 64 L�lacicltills.Plrtce Dattaville, A 94.506 Te:rrence'McDanie:l ChristQ_11cr Callahan 2413-820-044 7">Blackball's Place l7san'il1c.,Ct1 945016 :lease&Patricia JuAins 203-830-005 :935 `i7rive Danville; CA 94)506 Wllham & Bonnie Keniercr 2031-330=046 941 Pv. .,i r�,%ood D.ri xe. Dan.:Ville C A 9.=4506 Ra hi,o nd &S me "Wong 213-8307013 942 Pty perk.vood Drive. Danville_ CA 94506 Michael &.Kimberly Roth, E 203-8 300'007 947 NPP'ciwQod Daly, Daniville,`CA 450x5 Rbbeft&Jaii-Cali�pt ell (Trustee) l ' Attachments: A .Roundary Map 8—Le-al bescd}�tioa koal)proputy) C==Uwal Description Wsociation coi inion arca property) LT—Riuht.-tit Entry forth C.—Berloo!garRi' eport i 3. ; i r 5 F, 4 I Pursuant.to California Public Resources Cote §§ 265,52,'265_i4 AAd,265S5`, the undcrsikned owom.of .Land xvithm the boundaries of the territory proposed ta;be annexed-to the:.G:HAD hbi-6- Yjoi.n in,tate i Petition-for Annexation. TDate: e a(I � �---�— f }' anville; CA Date: : I3.Y: r r, 6wiler of, fate: 12-1 GNII-tier ofs DanPille; CA Date:. By'. t�tivner o 2,7 3 3bebr&ceaj,�1,3 U ,: e:CA- CO ��- Date: Bv: 31— a}ti ei ot:; �7,2'1 I)anvrille.; Ceti j. . i i i 1 ' � i i r= f^;'3�• it z T ^ U t Q Gs. > G V � x u N. s� a E;. - N N NY L CO. _ N l ATTACHMENT "B" Description of Entire Territory Petitioner Desires to Annex to the Geologic Hazard Abatement District DESCRIPTION Order NO. 112113 LLB (PXASE 1 LOTS & C0.1-!M041 AREA) ALL THAT REAL PROPERTY SITUATED IN THE UININCORPORATED AREA OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL ONE: PARCEL ONE-A: A PORTION OF LOTS 1 AND 2 AND PARCEL "M", AS SHOWN ON THE MAP OF SUBDIVISION 7115, FILED AUGUST 11, 1992 IN BOOK 36.3 OF MAPS AT PAGE 15, CONTRA COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF LOT 1, AS SHOWN ON THE MAP OF SUBDIVISION 7115; THENCE ALONG A LINE AS SHOWN ON RECORD OF SURVEY NO. 2081, FILED JULY 6, 1994 IN BOOK 105 OF LICENSED SURVEYORS' MAPS AT PAGE 3, CONTRA COSTA COUNTY RECORDS, NORTH 32° 55' 37" WEST 135.11 FEET; THENCE NORTH 43° 23' 32" WEST 36.99 FEET; THENCE NORTH 56° 30' 14" WEST 25.93 FEET.; THENCE SOUTH 120 15' 3311. WEST 79.29 FEET;- THENCE SOUTH- 51° 13' 34" WEST 110.00 FEET; THENCE SOUTH 380 46' 26" EAST 43 .69 FEET; THENCE SOUTH 10 26' 53" EAST 60.00 FEET TO A POINT ON THE NORTH LINE OF PARCEL "J" , AS SHOWN ON THE MAP OF SUBDIVISION 7115, SAID POINT HAVING A RADIAL BEARING OF SOUTH 220 45' 45" EAST; THENCE ALONG THE NORTH LINE OF SAID PARCEL "J" ALONG A CURVE TO THE RIGHT HAVII4G A RADIUS OF 226.00 FEET THROUGH A CENTRAL ANGLE OF 10° 42' 54" A DISTANCE OF 42.27 FEET; THENCE NORTH 770 S7' 09" EAST 116.93 FEET;, THENCE ALONG A TANGENT CURVE TO THE LEFT F-:AVING A R.n.DIUS OF 23.00 FEET. THROUGH A CENTRAL ANGLE OF 660 25' 19" A DISTANCE OF 26.66 FEET; THENCS ALONG A REVERSE CURVE TO THE RIGHT HAVIIJG A RA3)IUS OF 47.00 FEET THROUGH A C=NTRa_L ANGLE OF 470 27' 22" A DISTANCE: OF 38. 93 FEET TO T:.. POINT OF BEGINNING. PARCEL ONE-B: A PORTION OF LOTS 1, 2 AND 3 AND PA1RCEL "M", AS SHOWN ON THE MAP OF SUBDIVISION 7115, FILED AUGUST 11, 1992 IN BOOK 363 OF MI PS AT PAGE 15, CONTRA COSTA COUNTY RECORDS, MORE PARTICLLARI LY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF LOT 1, AS SHOWN ON THE MAP OF SUBDIVISION 7115; THENCE ALONG A LINE AS SHOWN ON RECORD OF SURVEY NO. 2081, ., FILED JULY 6, 1994 IN BOOK 105 OF LICENSED SURVEYORS' NAPS AT PAGE 3, CONTRA COSTA COUNTY RECORDS, NORTH 32° 55' 37" WEST 135. 11 FSE-717; THENCE NORTH 43° 23' 32" WEST 36. 99 FEET; THENCE NORTH 560 -30, 14" WEST 25.93 FEET; THENCE NORTH 31° 33' 43" EAST 69. 61 FEET; TH SCE SOUTH 49° 40' 40" EAST 70. 01 FEET TO A POINT ON THE NORTH LINE OF LOT 2 AS SHOWN ON THE MAP 0. SUBDIVISION 7115; THENCE ALONG'THE NORTH, LINE OF LOT 2 SOUTH fit° 34' 48" EAST 146.03 FEET TO THE EAST CORNER OF LOT 2; T`AENCE FROM A RADIAL BEARING OF NORTH 550 50' 44" ?AST ALONG THE EAST LINE OF LOT 2 ALONG A CURVE TO TH' RIGHT HIAVING A RrMIUS OF 157. 50 FEET THROUGH A CENTRAL ANGLE OF 50 27' 22" A OF 15. 00 THENCE ALONG A REVERSE CURVE TO _... LEFT HAVING A RADIUS OF 182.50 FEET TH ROUG.: A CENTRAL ANGLE OF 150 14' 31" A DISTA^.NCE OF 48.55 FEET; THENCE SOU-1.4 240 22' 09" WEST 50.25 FEET TO i E SOUT AST. CORN_R OF LOT 2; T::ENCZ FROM A RADIAL 3a;LRING OF NORTH 240 19' 43" ZAS? ALONG THE SOUTH LINE OF LOT 2 ALONG A CURVE TO _:s LEFT HAVING A RADIUS OF 47.00 FEET THROUGH A CENTRAL ANGLE OF 550 20' 31" ?A DISTANCE OF 45.40 FEET TO THE POINT OF BEGINNING. DESCRIPTION - „r 2 Ordcr Nb. 112113 LL3 EXHIBIT "A" CONrTh7JED PARCEL ONE-C: A PORTION OF LOT 3 AND PARCEL "M", AS SHOWN ON THE MAP OF SUBDIVISION 7115, FILED AUGUST 11, 1992 IN BOOK 363 OF MAPS AT PAGE 15, CONTRA COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 3, AS SHOWN ON THE MAP OF SUBDIVISION 7115; THENCE ALONG THE SOUTH LINE OF LOT, 3 -NORTH 620 34' 48" WEST 146.03 FEET; THENCE LEAVING SAID LINE ALONG A LINE AS SHOWN ON RECORD OF SURVEY NO. 2081, FILED JULY 6, 1994 IN BOOK 105 OF LICENSED SURVEYORS' MAPS AT PAGE 3, CONTRA COSTA COUNTY RECORDS, NORTH 490 40' 40" WEST 70.01 FEET; THENCE NORTH 370 15' 18 EAST 69 . 44 FEET; THENCE SOUTH 360 25' 22" EAST 42.86 FEET TO THE NORTHWEST CORNER OF LOT 3; THENCE ALONG THE NORTH LINE OF LOT 3 NORTH 890 59' S3" EAST 88 .00 FEET; THENCE SOUTH 720 38' 50" EAST 40.06 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 32.50 FEET THROUGH A CENTRAL ANGLE OF 890 43' 27" A DISTANCE- OF 50.89 FEET; THENCE ALONG THE EAST LINE OF LOT 3 SOUTH 170 04' 37" 14EST 40.43 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 157. 50 FEET THROUGH A CENTRAL ANGLE OF 170 04' 38" A DISTANCE OF 46.94 FEET TO THE POINT OF BEGINNING. PARCEL ONE-D: LOT 4, M&AP OF SUBDIVISION 7115, FILED AUGUST 11, 1992, MAP BOOK 363, PAGE 15, CONTRA COSTA COUNTY RECORDS. PARCEL ONE-E: LOT 5, MAP OF SUBDIVISION 7115, FILED AUGUST 11, 1992, MAP 300K 363, P."-.GE 15, CONTRA COSTA COUNTY RECORDS. PARCEL ONE-F: LOT 6, MAP OF SUBDIVISION 7115, FILED AUGUST 11, 1992, NAP BOOK 363, PAGE 15, CONTRA COSTA COUNTY RECORDS. PARCEL ONE-G: LOT 7, MAP OF SUBDIVISION 7115, FILED AUGUST 11, 1992, MAP BOOK 363, PAGE 15, CONTRA COSTA COUNTY RECORDS. PARCEL TWO: PARCELS "H" , "J" AND "L-, AS SHOWN ON THE MAP OF SUBDIVISION 7115, FILED AUGUST 11, 1992 IN BOOK 362 0. MAPS AT PAGE 15, CONTRA COSTA COUNTY RECORDS . DESCRIPTIO' 3 Orde 10. 11=113 LLB (ADDITIONAL FROPERTY) ALL THAT REAL PROPERTY SITUATED IN 714E UNINCORPORATED AREA OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL ONE: PARCELS "A", "B", "C", 'D", "K" AND "N"_, AS SHOWN ON THE MAP OF SUBDIVISION 7115, FILED AUGUST 11, 1992 IN BOOK 363 OF MAPS AT PAGE 15, CONTRA COSTA COUNTY RECORDS. PARCEL TWO: PARCEL "M", AS SHOWN ON THE MAP OF SUBDIVISION 7115, FILED AUGUST 11, 1992 IN BOOK 363 OF MAPS AT PAGE 15, CONTRA COSTA COUNTY RECORDS. EXCEPTING FR011 PARCEL TWO: THOSE PORTIONS THEREOF LYING WITHIN THE LINES OF PARCELS ONE-A, ONE-B AND ONE-C, AS SAID PARCELS ARE DESCRIBED IN EXHIBIT "A'- HEREOF. PARCEL THREE: A PORTION OF LOT 1, AS SHOWN ON THE MAP OF SUBDIVISION 7115, FILED AUGUST 11, 1992 IN BOOK 363 OF MAPS AT PAGE 15, CONTRA COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, AS SHOWN ON THE MAP OF SUBDIVISION 7115; THENCE ALONG THE WEST LINE OF LOT 1 NORTH 250 39' 23" WEST 23.71 FEET; THENCE NORTH 37' 46' 16" EAST '32.02 FEET; THENCE LEAVING SAID LINE ALONG A LINE AS SHOWN ON RECORD OF SURVEY NO. 2081, FILED JULY 6, 1994 IN BOOK 105 OF LICENSED SLIRVEYORS' MAPS AT PAGE 3, CONTRA COSTA COUNTY RECORDS, SOU-14 1- 26' 53" EAST 42.02 FEET TO A POINT ON THE SOUTIA LINTE OF SAID LOT 1 HAVING A RADIAL BEARING OF SOUTH 220 45' 4S" EAST; THENCE ALONG THE SOUTH LINE OF SAID LOT 1 ALONG THE ARRC OF A CURVE TO THE LEFT HAVING A RADIUS OF 226.00 FEET THROUGH A CENTRAL, ANGLE OF 20 53' 38" A DISTANCE OF 11.41 FEET TO THE POINT OF BEGINNING. ATTACHMENT "C" Legal Description of Common Area Property Owned by The Canyons at Blackhawk Owners Association ATTACHMENT "C" Parcel "G" as shown on the Map of Subdivision 7649, filed July 8, 1996 in Book 387 of Maps, at pages 42-50, Contra Costa County Records; Parcels "C," "D," "K" and "N," all as shown on the Map of Subdivision 7115, filed August 11, 1992 in Book 363 of Maps at page 15, Contra Costa County Records, Assessor's Parcel Nos.: 203-090-018, 203-090-017, 203-820-008, 203-810-003, 203-820-009 and 203-820-012 (portion); Parcels "B," "E," "F" and "J," all as shown on the Map of Subdivision 7649, filed July 8, 1996 in Book 387 of Maps at page 42 et seq., Contra Costa County Records, Assessor's Parcel Nos.: 203-810-001 (portion) and 203-810-002; Parcel "M" as shown on the Map of Subdivision 7115, filed August 11, 1992 in Book 363 of Maps at page 15, Contra Costa County Records, excepting therefrom those portions thereof lying within the following three (3)parcels of land: (A) "Revised Lot 1": A portion of Lots 1 and 2 and Parcel "M," as shown on the Map of Subdivision 7115, filed August 11, 1992 in Book 363 of Maps at page 15, Contra Costa County Records, more particularly described as follows: Beginning at the most easterly corner of Lot 1, as shown on the Map of Subdivision 7115; thence along a line as shown on Record of Survey No. 2081, filed July 6, 1994, in Book 105 of Licensed Surveyors' Maps at page 3, Contra Costa County Records, North 32° 55' 37" West 135.11 feet; thence North 43° 23' 32" West 36.99 feet; thence North 56° 30' 14" West 25.93 feet; thence South 12° 15' 33" West 79.29 feet; thence South 51° 13' 34" West 110.00 feet; thence South 38° 46' 26" East 43.69 feet; thence South V 26' 53" East 60.00 feet to a point on the North line of Parcel "J," as shown on the Map of Subdivision 7115, said point having a radial bearing of South 22° 45' 45" East; thence along the North line of said Parcel "J" along a curve to the rights having a radius of 226.00 feet through a central angle of 10° 42' 54" a distance of 42.27 feet; thence North 77° 57' 09" East 116.93 feet; thence along a tangent curve to the left having a radius of 23.00 feet through a central angle of 660 25' 19" a distance of 26.66 feet; thence along a reverse curve to the right having a radius of 47.00 feet through a central angle of 47° 27' 22" a distance of 38.93 feet to the point of beginning. (B) "Revised Lot 2": A portion of Lots 1, 2 and 3 and Parcel "M," as shown on the Map of Subdivision 7115, filed August 11, 1992 in Book 363 of Maps at page 15, Contra Costa County Records, more particularly described as follows: Beginning at the most easterly corner of Lot 1, as shown on the Map of Subdivision 7115; thence along a line as shown on Record of Survey No. 2081, filed July 6, 1994, in Book 105 of Licensed Surveyors' Maps at page 3, Contra Costa County Records, North 32° 55' 37" West 135.11 feet; thence North 43° 23' 32" West 36.99 feet; thence North 56° 30' 14" West 25.93 feet; thence North 31° 33' 43" East 69.61 feet; thence South 49° 40' 40" East 70.01 feet to a point on the North line of Lot 2 as shown on the Map of Subdivision 7115; thence along the North line of 1 Lot 2 South 62° 34' 48" East 146.03 feet to the East corner of Lot 2; thence from a radial bearing of North 55° 50' 44" East along the East Line of Lot 2 along a curve to the right having a radius of 157.50 feet through a central angle of 5° 27' 24" a distance of 15.00 feet; thence along a reverse curve to the left having a radius of 182.50 feet through a central angle of 15° 14' 31" a distance of 48.55 feet; thence South 24° 22' 09" West 50.25 feet to the Southeast corner of Lot 2; thence from a radial bearing of North 24° 19' 43" East along the South line of Lot 2 along a curve to the left having a radius of 47.00 feet through a central angle of 55° 20' 31" a distance of 45.40 feet to the point of beginning. (C) "Revised Lot 3": A portion of Lot 3 and Parcel "M," as shown on the Map of Subdivision 7115, filed August 11, 1992 in Book 363 of Maps at page 15, Contra Costa County Records, more particularly described as follows: Beginning at the most southerly corner of Lot 3, as shown on the Map of Subdivision 7115; thence along the South line of Lot 3 North 62° 34' 48" West 146.03 feet; thence leaving said line along a line as shown on Record of Survey No. 2081, filed July 6, 1994 in Book 105 of Licensed Surveyors' Maps at page 3, Contra Costa County Records, North 49° 40' 40" West 70.01 feet; thence North 37° 15' 18"'East 69.44 feet; thence South 36° 25' 22" East 42.86 feet to the Northwest corner of Lot 3; thence along the North line of Lot 3 North 89° 59' 53" East 88.00 feet; thence South 72° 38' 50" East 40.06 feet; thence along a tangent curve to the right have a radius of 32.50 feet through a central angle of 89° 43' 27" a distance of 50.89 feet, thence along the East line of Lot 3 South 17° 04' 37" West 40.43 feet; thence along a tangent curve to the right having a radius of 157.50 feet through a central angle of 17° 04' 38" a distance of 46.94 feet to the point of beginning. Assessor's Parcel No.: 203-820-017 (affects this and other property) Parcel Four: A portion of Lot 1, as shown on the Map of Subdivision 1715, filed August 11, 1992 in Book 363 of Maps at page 15, Contra Costa County Records, more particularly described as follows: Beginning at the most southerly corner of Lot 1, as shown on the Map of Subdivision 7115; thence along the West line of Lot 1 North 25° 39' 23" West 23.71 feet; thence North 37° 46' 16" East 32.02 feet; thence leaving said line along a line as shown on Record of Survey No. 2081, filed July 6, 1994 in Book 105 of Licensed Surveyors' Maps at page 3, Contra Costa Records, South 1° 26' 53" East 42.02 feet to a point on the South line of said Lot 1 having a radial bearing of South 22° 45' 45" East; thence along the South line of said Lot 1 long the arc of a curve to the left having a radius of 226.00 feet through a central angle of 2° 53' 38" a distance of 11.41 feet to the point of beginning. Assessor's Parcel No.: 203-820-017 (affects this and other property) Parcels "H," "J" and "L," as shown on the Map of Subdivision 7115, filed August 11, 1992 in Book 363 of Maps, at page 15, Contra Costa County Records. 2 Assessor's Parcel Nos.: 203-820-012 (portion) 203-820-010 3 ATTACHMENT "D" Right of Entry Forms Blackhawk Geologic Hazard Abatement District RIGHT OF ENTRY Board of Directors Blackhawk Geologic Hazard Abatement District °/o Kleinfelder, General Manager 4125 Blackhawk Plaza Circle, Suite 103 Danville, California 94506 Property Address: Danville, CA 94506 APN: This "Right of Entry" is granted pursuant to the Canyons at Blackhawk Owners Association petition for annexation into the Blackhawk Geologic Hazards Abatement District (GRAD) and in accordance with the requirement that the Blackhawk GHAD General Manager or his agents inspect the property to be annexed. As owner of the residential property, APN# at , in Danville, California, I grant permission to the Blackhawk GRAD, its officers, employees, consultants, contractors and their authorized agents, to inspect said property, as may be required to determine the site conditions as related to geologic hazards and/or drainage facilities on or adjacent to said property. The inspection will be limited to the following actions: , and It is understood and agreed that the District will use its best efforts to minimize disturbance of the site and leave the property in a clean and orderly condition. It is further understood and agreed that this Right of Entry shall expire upon the completion of the site inspection process and that all rights hereunder shall cease when said work has been completed. Date: (Signature of Property Owner or designee) (Print Name of Property Owner or designee) ntry ATTACHMENT "E" Berlogar Report BGC BERLOGAR GEOTECHNICAL CONSULTANTS SOIL ENGINEERS ENGINEERING GEOLOGISTS GEOTECHNICAL INVESTIGATION BLACKHIL TS PEPPERWOOD DRIVE AND DEER MEADOW DRIVE DANVILLE, CALIFORNIA FOR BLACFFILLS DEVELOPERS July 19, 1989 Job No. 1343 . 100 A full copy of this report is available for review at the Blackhawk Geologic Hazard Abatement District Office, 4125 Blackhawk Plaza Circle, Suite 103, Danville CA 94506 or at the Contra Costa County Public Works Department. BERLOGAR GEOTECHNICAL CONSULTANTS Attachment B BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT KLEINFELDER, INC. • 1 BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT SECOND AMENDED PLAN OF CONTROL (Including Annexation of The Canyons at ' Blackhawk) August 30,2006 1 1 i 1 i 1 1 1 1 125 BLACKHAWK PLAZA CIRCLE STE.103 MANVILLE,CA 94506 1 925.964.0823 925.964.0825(FAX) i • i LAC KHAW K GEOLOGIC August 30, 2006 HAZARD ABATEMENT Blackhawk Board of Directors DISTRICT Contra Costa County Board of Supervisors c/o Eric Whan, GHAD Liaison CHARD D. SHORT 255 Glacier Drive GENERAL MANAGER Martinez, California 94553-4897 KLEINFELDER, INC. Subject: Second Amended Plan of Control Including Annexation of"The Canyons at Blackhawk" Blackhawk Geologic Hazard Abatement District Ladies and Gentlemen: We have prepared the attached updated "Plan of Control" for the Blackhawk Geologic Hazard Abatement District. The plan of control has been updated to include the annexation of"The Canyons at Blackhawk" into the GHAD boundaries. This document has been prepared in accordance with the requirements of the Public Resources Code Section 26500-26554 of the State of California. Sincerely, Blackhawk Geologic Hazard Abatement District Richard D. Short ' Kleinfelder, Inc. General Manager ' S�p1AAL Q OHO SADEK M.DERREGA 01 Ax No.2175 ?_4 Exp. /3� b CERTIFIED Sadek Derre a N ENGINEERING g >` GEOLOGIST Certified Engineering Geologist 9�FOF CA►-�F��� �5 BLACKHAwK PLAZA CIRCLE SrF.103 Plan of Control Page 1 of 13 copyright 2006 Blackhawk GHAD DANVILLE,CA 94506 925.964.0823 925.964.0825(FAx) r BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT PLAN OF CONTROL TABLE OF CONTENTS I. INTRODUCTION........................................................................................3 II. BACKGROUND...........................................................................................3 ' III. BLACKHAWK GHAD BOUNDARIES....................................................4 IV. ANNEXATIONS TO BLACKHAWK GHAD ..........................................4 V. DEFINITIONS..............................................................................................4 ' VI. AUTHORIZATION FOR BLACKHAWK GHAD INVOLVEMENT...5 A. Funding and Other Limitations.............................................................................................. 5 B. Geologic Hazard Limited to a Single Property...................................................................... 5 ' C. Geologic Hazard Resulting from Negligence of Property Owner......................................... 6 D. Property not Located within GHAD Boundaries.................. 6 E. Geologic Hazard Located within Creek Structure Setback Area........................................... 6 F. Geologic Hazard which Requires Expenditure Amount Exceeding the Value of the Threatened or Damaged Improvement..................................................................................6 G. GHAD Funding Limitations..................................................................................................7 H. GHAD Funding or Reimbursement for Damaged or Destroyed Structures or Site Improvements........................................................................................................................7 1. Privately Owned Structures and Site Improvements................................................ 7 2. HOA Owned Streets and Utilities............................................................................. 8 I. Reimbursement of Expenses Incurred by Property Owners.................................................. 8 1. Reimbursement by Agreement................................................................................. 8 2. Reimbursement of Expenses Incurred by Property Owners During Emergencies... 8 J. Damage Caused by Slope or Soil Creep....... 9 VII. HAZARD ABATEMENT ACTIVITY WITH RESPECT TO CREEKS AND DETENTION BASINS DURING EMERGENCIES........................9 VIII. HAZARD ABATMENT ACTIVITY WITH RESPECT TO SLOPE ' RELATED SURFACE AND SUBSURFACE DRAINAGE FACILITIES ........................................................................................................................9 IX. PREVENTION AND MITIGATION RESEARCH................................ 10 ' A. Landsliding and Threatened Landslide Mitigation.............................................................. 10 B. Geotechnical Investigations................................................................................................. 11 C. Erosion Control.................................................................................................................... 11 ' X. PRIORITY OF GHAD EXPENDITURES.............................................. 12 XI. GHAD RESERVE FUND.......................................................................... 12 XII. APPEALS PROCEDURE ......................................................................... 12 Appendix A Geologic Conditions ' Appendix B Metes and Bounds Description Appendix C Joint Exercise of Powers Agreement Appendix D Policies and Procedures Related to Annexation ' Figure 1 Blackhawk GHAD Boundaries Site Plan ' Plan of Control Page 2 of 13 copyright 2006 Blackhawk GHAD I. INTRODUCTION The Public Resources Code Sec. 26500-26554 establishes the authority for the formation of Geologic Hazards Abatement Districts. The Code requires that a "Plan of Control" be prepared ' that describes in detail the geologic hazard of concern, its location, and the area affected. A plan for the prevention, mitigation, abatement, or control of the hazard must also be included. After 15 years of operation under a plan of control that was limited to the original scope mentioned above, the Blackhawk GHAD determined that the Plan of Control should include operational limitations and exclusions that were not obvious at the original writing and that reflect the GHAD's practice. The following Plan of Control includes a description of the geologic hazard ' and a plan for the prevention, mitigation, abatement or control of the hazard and the limitations and exclusions of the District. II. BACKGROUND Blackhawk is a 5,000-acre mixed use community development that includes 2,250 residential units, two golf courses, a commercial center that has several office buildings, a high end retail ' shopping center, a theater, a museum and various other improvements and amenities. Blackhawk is located east of Danville within the unincorporated area of Contra Costa County. The Blackhawk Geologic Hazard Abatement District ("GHAD") was formed on April 22, 1986, tby Resolution 86/210 of the Contra Costa County Board of Supervisors under the authority of the California Public Resources Code (Section 26500 et seq.). Funding for the GHAD is provided through an agreement with Contra Costa County under which the County provides the ' GHAD with "surplus" County Service Area ("C.S.A") M-23 revenues. The Contra Costa County Board of Supervisors serves as the GHAD Board of Directors. C.S.A. M-23 receives revenue from ad valorem property taxes collected on properties within the boundaries of CSA M-23. The boundaries of CSA M-23 were formed in June 1977 by Resolution 77/767 of the Contra Costa County Board of Supervisors to provide funding for specified extended services. In April 1986, by Resolution 86/209, the Contra Costa County Board of Supervisors added geologic hazard abatement to the list of services authorized to be Plan of Control Page 3 of 13 copyright 2006 Blackhawk GHAD performed within C.S.A. M-23. Also, in 1986, by Resolution 86/211, County of Contra Costa and the GHAD entered into a Joint Exercise of Powers Agreement whereby the County agreed to provide funding for the GHAD operations by transferring to the GHAD a portion of C.S.A. M-23 revenues. The Joint Exercise of Powers Agreement, a copy of which is attached as Exhibit A, and as may be amended from time to time, was entered into on April 22, 1986. The GHAD's original Plan of Control had been in effect since formation of the GHAD in 1986. The Second Amended Plan of Control includes the annexation of approximately 40 acres and 37 residences formerly known as "The Canyons at Blackhawk." ' III. BLACKHAWK GHAD BOUNDARIES The boundaries of the GHAD are as shown on Figure 1 and as described in Exhibit B. IV. ANNEXATIONS TO BLACKHAWK GHAD The GHAD Board of Directors must approve annexation of properties not currently within the GHAD boundaries. The annexation policy adopted and approved by the GHAD Board of Directors is attached as Exhibit C. V. DEFINITIONS A. "Geologic hazard" as that term is used herein, means any actual or threatening landslide. B. A "landslide" is defined as a mass comprised of rock, soil and other debris that has been displaced down slope by sliding, flowing, or falling mechanisms. C. "Slope or Soil Creep" is defined as slow downhill movement of near surface soils ' occurring on sloping ground and near the edges of sloping ground. D. "Site improvements" means buildings, roads, sidewalks, utilities, improved trails, golf course amenities, swimming pools, tennis courts, gazebos, cabanas, geologic stabilization features, V-ditches or similar improvements. E. "Structure setback area" means the portion of the lot situated between the creek and the "structure setback line" as defined by the Contra Costa County Flood Control District. 1 Plan of Control Page 4 of 13 copyright 2006 Blackhawk GHAD F. "Structure setback line" means the line separating the structure setback area from the remainder of the lot where the residential structure is situated as defined by the Contra Costa County Flood Control District. G. GHAD Project — The prevention, mitigation, abatement or control of a Geologic Hazard as defined herein. VI. AUTHORIZATION FOR BLACKHAWK GRAD INVOLVEMENT Blackhawk GHAD is authorized to prevent, mitigate or control geologic hazards subject to the sole discretion of the General Manager and taking into consideration the following exclusions ' and limitations listed in Sections VI.A through VI. J. below: A. Funding and Other Limitations The General Manager may approve or not approve the prevention, mitigation or ' control of geologic hazards by the Blackhawk GHAD based on funding limitations, project priorities based on risk evaluation, weather related risk, the limitations specified in the Plan of Control or other funding or risk related issues not specified herein. B. Geologic Hazard Limited to a Single Property The GHAD will not prevent, mitigate, abate or control slope failures that are contained within the limits of a single parcel of property if the slope failure has ibeen caused by improvements made on the property that alter drainage or the stability of slopes unless the geologic hazard has damaged, or poses a significant threat of damage to a structure or site improvement located on another property within the GHAD boundaries. The exclusion or limitation set forth herein does not apply to geologic hazards existing on open-space areas owned by any homeowner's association or golf course property or single parcels greater than one acre in size. Plan of Control Page 5 of 13 copyright 2006 Blackhawk GHAD C. Geologic Hazard Resulting from Negligence of Property Owner The GHAD may, decline to prevent, mitigate, abate or control geologic hazards due to, or resulting from, the negligence of the property owner and/or the property owner's contractors, agents or employees in developing, grading, constructing, maintaining or performing, or not performing, any work on the subject property. D. Property not Located within GHAD Boundaries The GHAD is not authorized to prevent, mitigate, abate, or control a geologic hazard on property within the GHAD boundaries unless said hazard has damaged or poses a significant threat of damage to any structures or site improvements located on property within the GHAD boundaries. The GHAD may prevent, mitigate, abate or control the geologic hazard provided said work is limited to that which is absolutely necessary to address only the immediate damage or threat of immediate damage to the structures or site improvements. E. Geologic Hazard Located within Creek Structure Setback Area In creek areas, the GHAD may prevent, mitigate, abate or control a geologic hazard which has damaged or threatens to pose significant damage to any residence, office building, other structures or site improvements located within the structure setback area, as defined by the current Costa County Flood Control District Regulations, that existed prior to the date of adoption of this revised plan of control by the Board of Directors. Permanent improvements located within the setback area after the date of adoption of this revised Plan of Control will not be included in the scope of the GHAD's Plan of Control. The structure setback is determined by the Contra Costa County Flood Control District. F. Geologic Hazard which Requires Expenditure Amount Exceeding the Value of the Threatened or Damaged Improvement The GHAD will not prevent, mitigate, abate, or control a geologic hazard where, in the General Manager's sole discretion, the anticipated expenditure required to be funded by the GHAD to prevent, mitigate, abate or control the geologic hazard Plan of Control Page 6 of 13 copyright 2006 Blackhawk GHAD will exceed the value of the structures, site improvements and land threatened with damage or loss. G. GHAD Funding Limitations GHAD operations are funded through an agreement with Contra Costa County under which the County provides the GHAD with a portion of ad valorem property taxes collected by the County through County Service Area M-23. The agreement with Contra Costa County is a Joint Exercise of Powers Agreement ( (JEPA), executed on April 22, 1986. This allocation of so-called surplus CSA M- 23 revenue is the sole source of revenue for the GHAD. If the CSA M-23 surplus revenue for the GHAD is not available, the GHAD may, in its sole discretion, reduce and/or eliminate some or all GHAD services unless an alternative funding source (or sources) can be found. The GHAD will provide its services only to those properties located within the GHAD boundaries. Properties within the same Contra Costa County Tax Rate Area as the GHAD that have not been annexed into the GHAD and do not contribute funding to CSA M-23 are not covered by GHAD services. H. GHAD Funding or Reimbursement for Damaged or Destroyed Structures or Site Improvements 1. Privately Owned Structures and Site Improvements In the event a private residence, commercial office building, or any other private structure, site improvements or landscaping is damaged or destroyed due to, or as a result of, a geologic hazard, the General Manager has discretion pursuant to section V.A., to fund, or reimburse the property owner for the expenses necessary to repair or replace the damaged or destroyed structure, site improvements or landscaping. Unless authorized by the Board of Directors, the dollar amount of the GHAD funding or reimbursement may not exceed ten percent (10%) of the costs incurred by the GHAD in preventing, mitigating, abating or controlling the geologic hazard responsible for the damage. In the event the geologic hazard damaged or destroyed Plan of Control Page 7 of 13 copyright 2006 Blackhawk GHAD a structure, site improvement or landscaping which violated any provisions of the County Building Code or County Ordinance Code at the time of its installation or improvements, the GHAD will not provide any funding, or reimbursement to the property owner, for repair or replacement of the damaged structure, improvement or landscaping. 2. HOA Owned Streets and Utilities In the event a Homeowner's Association owned street pavement, underground utility or any other HOA owned structure, site improvements or landscaping is damaged or destroyed due to, or as a result of, a geologic hazard, at the General Manager's sole discretion, the GHAD may include in the scope of the landslide repair the repair or replacement of the damaged or destroyed pavement, underground utility structure, site improvements or landscaping. I. Reimbursement of Expenses Incurred by Property Owners 1. Reimbursement by Agreement At the General Manager's sole discretion and upon proof of payment through receipts, the GHAD may reimburse a property owner for expenses incurred for the prevention, mitigation, abatement, or control of a geologic hazard based on a written agreement between the property owner and the GHAD to that effect. Such agreement must be executed prior to the property owner incurring said expenses, and following an investigation conducted by the GRAD. 2. Reimbursement of Expenses Incurred by Property Owners During Emergencies At the General Manager's sole discretion and upon proof of payment through receipts, the GHAD may reimburse property owners for expenses incurred for materials used for temporary mitigation of geologic hazards during periods of extreme emergency. Such materials are limited to sheet plastic placed over slope failures, sand bags, silt fencing and other typical temporary winterization measures. Plan of Control Page 8 of 13 copyright 2006 Blackhawk GHAD J. Damage Caused by Slope or Soil Creep The GHAD will not prevent or repair property damage due to soil creep. Soil creep is a common phenomenon on almost all slopes throughout the Blackhawk development. The adverse affects of soil creep include separations in concrete walkway and pool deck construction joints, tilting fences, separation of wooden deck elements and downhill movement of any light structures constructed on or near the edge of slopes. Creep forces can be resisted to minimize adverse affects on light structures by proper design techniques including the use of deep foundation support and reinforcing steel in concrete slabs, among other techniques. VII. HAZARD ABATEMENT ACTIVITY WITH RESPECT TO CREEKS AND DETENTION BASINS DURING EMERGENCIES The GHAD may perform the following emergency hazard abatement activities in creek channels and detention basins: 1. Clearing and removal of vegetation in creek channels to maintain open stream flow and to prevent a threatening landslide. 2. Removal of significant quantities of sediment deposits in creek channels to maintain open stream flow and to prevent a threatening landslide. 3. Removal of significant quantities of sediment deposits in detention basins, including the detention basin at The Falls at Hole Number 11, to maintain open stream flow, to keep the water fall pump from silting up and to prevent threatening landslides. VIII. HAZARD ABATMENT ACTIVITY WITH RESPECT TO SLOPE RELATED SURFACE AND SUBSURFACE DRAINAGE FACILITIES The GHAD may maintain, 0operate, repair and/or replace those portions of surface and subsurface drainage facilities such as concrete "V" ditches, storm sewer lateral pipes, catch basins, drainage inlets, manholes, storm sewer inlets and outlets, subdrain pipes, subdrain pipe inlets and outlets, etc. which are located such that they are directly related to the repair of slope failures and for the prevention of slope failures. Plan of Control Page 9 of 13 copyright 2006 Blackhawk GHAD tIX. PREVENTION AND MITIGATION RESEARCH Without materially limiting GHAD's authority to make repairs,the GHAD may conduct ongoing research into the behavior of slopes, slope failure prevention and slope failure mitigation. A record of all incident responses may be kept and plotted on the GHAD Geographic Information System (GIS) system for purposes of evaluating future risk. Any results of the GHAD research program shall be shared with the property owners in an effort to reduce the risk of future slope distress and property damage. tA. Landsliding and Threatened Landslide Mitigation Landsliding Landslides or slope failures occur in a wide range of configurations and may occur slowly or suddenly. The most common causes of slope failures involve weak soil/rock materials, a change in slope configuration or an increase in subsurface moisture content, with a subsequent loss of strength of the soil. Slides at Blackhawk are predominantly the result of slope undercutting by erosion or a dramatic rise in subsurface moisture content, both caused by seasonal rainfall or acts of man. The landslides that have occurred at Blackhawk can be classified as rotational slides or flows. Rotational slides usually move relatively slowly taking days to move en masse along a relatively deep curved slip plane with a single headscarp or crevasse at the top of the slide. Debris flows or mudflows tend to be less than 5 feet deep. Debris flows are fast moving within a relatively linear, narrow path. A detailed description of the geologic conditions at the site is included in Appendix D. Landslide Mitigation Landslide threatened or damaged slopes can be stabilized by a variety of methods depending on the equipment accessibility, urgency, and other factors. Threatening landslides can be stabilized by the construction of retaining structures such as closely spaced cast-in-place drilled piers reinforced with steel beams, a Plan of Control Page 10 of 13 copyright 2006 Blackhawk GHAD soldier beam and lagging wall or an array of tie backs extending beyond the slide plane. Landslide damaged slopes can be reconstructed by removing the landslide debris and rebuilding the slope with properly-compacted and drained, engineered fill. These or other techniques should be chosen based on the actual site conditions. During emergency situations when landslides threaten improved property, the GHAD may implement slope stabilization measures that can arrest or minimize further slope movement until a permanent repair can be installed. Emergency preparation measures may include stockpiling slope stabilization materials, such as steel beams, and having subcontractors in-place ready to respond rapidly. After the soils dry, landslide-damaged slopes can be permanently repaired during the dry season. B. Geotechnical Investigations At the General Manager's sole discretion, a geotechnical investigation may be conducted for slope areas where unstable conditions or landslides exist. The purpose of the geotechnical investigation is to determine the cause of the unstable slope conditions and to define repair options. C. Erosion Control Groundwater and streamflow regimes may be affected by any development within or near the GHAD boundaries. Long-term changes will result from landscape irrigation, the addition of impervious pavement or structures, surface runoff collection systems and subsurface drainage facilities. Flooding is a possibility near creek crossings. During emergency situations where there is a risk of landsliding, the GHAD may perform monitoring to mitigate the hazards of excessive water or erosion. Maintenance, such as removal of sediment from ditches and at the base of slopes, may also be performed. Plan of Control Page 11 of 13 copyright 2006 Blackhawk GHAD X. PRIORITY OF GHAD EXPENDITURES Emergency response and scheduled repair expenditures by the GHAD are to be prioritized by the general manager, utilizing his discretion, based upon available funds and the approved operating budget. When available funds are not sufficient to undertake all of the identified remedial and preventative stabilization measures, the expenditures are to be prioritized as follows in descending order of priority. 1. Prevention, mitigation, abatement or control of geologic hazards that have either damaged or pose a significant threat of damage to residences, critical underground utilities or paved streets. 2. Prevention, mitigation, abatement or control of geologic hazards which have either damaged or pose a significant threat of damage to commercial buildings, including but not limited to office building or club houses. 3. Prevention, mitigation, abatement or control of geologic hazards, which have either damaged or pose a significant threat of damage to ancillary structures, including but not limited to pool cabanas or restroom buildings. 4. Prevention, mitigation, abatement or control of geologic hazards existing entirely on open-space or golf course property, which have neither damaged nor pose a significant threat of damage to any structure or site improvements. 5. Prevention, mitigation, abatement or control of geologic hazards that have either damaged or pose a significant threat of damage to landscaping or other similar non- essential amenities. XI. GHAD RESERVE FUND The GRAD plans to conduct a study to determine the appropriate amount of funds to be accumulated in reserve for allocation to major projects whose cost exceeds the annual budget for major repair projects. The total reserve fund goal shall be recalculated annually based on the most current experience with GHAD prevention and repair expenditures. XII. APPEALS PROCEDURE If a property owner does not agree with the decision of the General Manager, property owner may request a reconsideration of the decision. The property owner shall, within thirty(30) days Plan of Control Page 12 of 13 copyright 2006 Blackhawk GHAD of service of the decision, file with the General Manager a brief summary of the facts of the matter, the decision being appealed and the grounds for the appeal, including the owner's special interest and injury. The General Manager will present the request to the Board with an explanation of the basis of the GHAD decision, and the Owner's requested relief. The Board will decide based on a majority vote. The General Manager will proceed based on the direction of the Board. r Plan of Control Page 13 of 13 copyright 2006 Blackhawk GHAD APPENDIX A GEOLOGIC CONDITIONS APPENDIX A GEOLOGIC CONDITIONS I. Geologic Setting Blackhawk is located within the Diablo quadrangle, in the Sherburne Hills portion of northern Diablo Range of Central California. The bedrock is geologically young, and was deposited approximately two to nine million years ago. These Tetiary non-marine weekly consolidated sedimentary rocks have been folded and faulted due to the wrenching of the San Andreas fault tsystem and the associated uplift of Mt. Diablo. Mt. Diablo is located approximately 4 miles to the north. The geologic structure of the area consists of a series of nearly parallel, northwest- trending synclines and anticlines, some of which have been overturned. Past geologic work in the area includes that of Whitney (1856), Turner (1891), Clarke (1915, 1935 and 1943), Axelrod (1944), Richey (1948), Kilmer(1953), Brabb and others (1971), Wagner (1978), Dibblee (1980), Hart (1981), Davenport (1986), Crane (1988), and Graymer et. Al. (1994). The two most pertinent of these are discussed below. II. Bedrock and Geologic Structure Dibblee (1980) maps the Blackhawk GHAD within a unit termed "Pliocene, nonmarine, sedimentary rocks (Tps)". The rocks are described as weakly indurated, greenish gray mudstone with thin beds of sandstone and pebble conglomerate. For the majority of the GHAD property the bedrock units are mapped with a variable dip of approximately 70 to 80 degrees to the southwest and northwesterly strike. A small section of bedrock in the southwestern portion of the site dips approximately 20 to 60 degrees to the north in this vicinity. The axis of the Tassajara Syncline is mapped through the southwestern portion of the site. Dibblee maps no faults within the Blackhawk GHAD. Crane (1988) maps the sitevicinit with greater structural detail. The Blackhawk GHAD is shown to be located within a northwesterly-trending zone of thrust faulting and overturned folds. They Sycamore Valley thrust fault is mapped along Camino Tassajara, generally south of the Blackhawk GHAD area. Two thrust faults are mapped crossing the Blackhawk GHAD area. The Diablo Valley thrust is mapped trending westerly to northwesterly along Blackhawk Road in Page 1 of 3 tthe vicinity of Subdivisions 5437 and 5438, the easterly along Fairway 18 of Subdivision 5441 and the Blackhawk Drive alignment in the vicinity of Subdivision 5443. In addition, an unnamed thrust fault is mapped trending northwesterly through the open space of Subdivisions. III. Surficial Deposits The area within the GHAD boundaries is covered primarily by relatively shallow soils. The Soil Survey of Contra Costa County shows the soil over the majority of the GHAD area as Diablo Clay. This soil typically forms on uplands, derived from sedimentary bedrock. Below the surficial dark gray clay, the soils generally become light gray or olive gray silty to sandy clay and extend to the undisturbed bedrock. Diablo Clays generally have a high expansion potential, resulting in surficial cracking during the summer and swelling during the winter. Soils with a high expansion potential are also susceptible to downhill soil creep on hillslopes. IV. Groundwater Groundwater has been encountered at variable depths during drilling explorations by various geotechnical firms. Groundwater can be expected to generally be 10 feet or more below the ground surface; however, areas of springs and seeps are common. Sandstone, siltstone and gravelly bedrock units can be expected to contain variable amounts of groundwater depending on location and underlying geologic structure. Springs, seeps and water-bearing bedrock units contribute to the landsliding hazard within the GHAD boundaries. V. Seismic Sources i Blackhawk is located within the eastern portion of the San Andreas Fault System but is not located within a State of California designated Alquist-Priolo Earthquake Fault Zone. The nearest State of California zoned, active' faults are the Calaveras and Greenville faults located about 4 miles west and 5 miles east, respectively. The maximum moment magnitude for both the Calaveras and Greenville faults is M6.8-6.9 (CDMG, 2002). An earthquake of this magnitude could produce a ground acceleration of approximately 0.4g at the site according to attenuation relationships by Campbell and Bozorgnia(1994). Page 2 of 3 Distant seismic ground shaking sources include the major known active faults of the Bay Area; namely the San Andreas, Hayward, Rodgers Creek-Healdsburg, and the Concord—Green Valley faults. These sources are all at least 5 miles from Blackhawk and are known to be capable of producing moderate to large-scale seismic events. Other sources for design-basis ground shaking near the Blackhawk area include small local faults that may produce low-magnitude earthquakes (the thrust faults mapped within the GHAD boundaries by Crane (1988) are part of the current transpressional tectonic regime and will be incorporated into future tectonic studies of the area). Another source of potential earthquake generation is from fault movements on deep wrenching rin the lower crust (Weber-Band, 1998). This crustal scale wrenching is estimated by Blake ■1' (1998) to be capable of a maximum moment earthquake of M 6.7. The magnitude 6.7 Coalinga earthquake in 1983 is thought to have occurred on a blind (buried) thrust fault in the lower crust, often referred to as the Coast Ranges-Sierran Block (CRSB) or Great Valley boundary zone (Unruh and others, 1993). Earthquakes on blind thrust faults are not expected to cause surface ground rupture as might occur along a major strike slip fault; however, secondary seismic hazards could be expected from such an event. Based on the current state of knowledge, it appears likely that secondary seismic hazards from an earthquake on any of the seismic sources discussed above, including the Coast Ranges-Sierran Block boundary zone, would occur in all regional areas of localized weak soils such as on unstable slopes. es.p r Page 3 of 3 APPENDIX B ' METES AND BOUNDS DESCRIPTION t 1 1 1 1 1 .......1-1 ................. I --- 11 I I I 111-1.1-1......—.1-11...1.111 , —.....11 .......11 --.— —......— I— , — . — ::::.:�— —::...I — .11, .1 , I � —.1-1 1— . ,, I . — ... � 11 � , 1, —..........�...I..........,. I � � 11 I I I.. I. - — —l—.........I............11.1.11. I — —.:--- —:::::: ��.:: ,��"....,...",'' .."...'', 11 .1. —.."..,...."....,.......- � 1.11.1-1-11.111. .—........1.11.1111, I I —.—:::;::� �......— —.1.11 .......I-- —1;11 I.- 11 ----......1. ---...... 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Re+Vised August 2000 III1---I,I,1I�1II""-l.1.-1,.1I�I."��.I',:��I�::::��I"::::���1:::: ..i..1--- ��,1:.:���1-:�:�11::��1:-:�����1�:�:.1.:.�-n--I��.��I:nI��:-.:�.:���.1�:II��:":N:���.�::�I��;.:I��I-�.��I�:. ��::I-�;z ��I-.�.I.�,��, III�I.I Exhibit"A" Real roe man unincorp4reted area of the County of Contra Costa, Steto of P p Townshi 1 South I ' California, being s portion of Sections 14, 22, 23, 24, 25 and $$, p Range''1 West, Mount Diablo Meridia and a portiar of Sections 19, 24, 29, 30, 31 and 32, Township ) South, Range 1—East, Mount [7iabio Meridian, described as follows: IWieginning a#the westerly terminus of the coarse labeled "north 89°52`59" west 288.40 feet" an the northerly boundary;of Parcel "A" (Public Park) as shown on the map of Subdivision 4878 filed March 21, 1977, in Bvak 194 of Maps at Page '[; thence from said Pont of Beginning, along the exterior boundary,of said Subeiivision 4878 (194 M 1} south ;89°52'59" east 28$.40 feet; thence south 58°13'44" eas# 280.00 feet, thence south 73°08'44"east 275;00 feet;thence north 79°11'40" east 885.99 feet, thence north I 28°42'12" east 495 62 feet; thence north 18°28'18" east 1422 89 feet; thence north 45005149 east 1403.57 feet; thence south 87008'44" east 750''.00 feet; thence south 76°48'44" east 400'.00 feet; thence south fib°08'44" east 1flOfl,t74 feet to the northeast corner of Parcel 'B' as shown on. satd Subdivision 4878 {194 M 1) said point also being ' the most northerly corner''of Parcel `M' as shown an the map of Subdivision 4962 fled March 21, 1977, in Book 194 of Maps at Page 20;thence along the exterior boundary of said Subdivision14 62 (194 M 20), south 10051'16" west 60D.00-feet; thence south ' 0°51'76" west 500'.0© feet; thence-south89°48'44" east 5flfl.fl0 feet; #hence south 31°08'44" east 730.00 fee# to the mosfi easterly comerf said Parcel 'H' (194 M 20), said paint also being an angle point on'the northerly boundary of Parcel `Q'as shown an I the map of Subdiv isian 4963 filed March 21, 1977, in Book 194 of Maps of Page 34, thence along the ex#erior baund2try, of said Subdivision 4963 (194 M ;30}, not h 71°51'16" east 950.00 feet; thence south 89008'44",east 300.00 feet to the northeast corner of said Parcel 'tJ';(19�4 M 30), said paint also being the most northerly comer of Parcel 'B' as shown an the map of Subdivision 5023 filed .July 12, 1978, in Book 214 of Maps at Page 1; thence long the exterior boundary of said Subdivision 5423{214 M 1} south- 1503.4$ feet; thence south 88°00'00" east 531.42 feet, thence south 1°OU'OG" west 294.36' feet fa the most northerly comer of !Farce) "C" as Shawn on the map of Subdivision,543$Bled August 14. 1929, in 13oak 228 of Maps at Page; 11; #hence along the exterior boundary of said Subdivision 5438 (228 M 11), south 68'00'00" east 581.79 feet; #hence.east 1277.80 feet to the northeast comer of said Parcel `C' {228 M 11) said ' point also being an angle point an the westerly boundary of Parcel 'A' as shown An the map of Subdivision 5439 filed August,29, 1979, in Book 229 of Maps at Page 1; thence along'the exteriarboundary of said Subdivision 5439 (229 M 1),' north;550 00 feet to the I northwest carver of said Parcel `A' (229 M 1}, said paint also being the southwest-corner of Parcel `D' and an angle point o..Parcel 'A' as shown on the map of Subdnrisian'71l 15 1 - --- � � I � ---......�.." , - I - I , .F1 � I I - I � --...-........- 1111-1- I I ----::��, -n�::n%:�- - I � ,- 11-::%n.. ....� � 1. .1... 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thence along,the exterior,baundary of said Subdivision 5439 {229 M 1}, south 1 I 0Q feet, #hence east 900.00 feet, thence south 850.00:feet; thence south 45°00'04" west 777.91': feet tp an angle point in Parcel 'G' as shown on said map of Subdivision 5439 (229 M [), said point also being the mast easterly corner'af Parcel 'A' as shown onAhe map of Subdivision' 5441 filed .lune 10, 1980, in Book 240 of maps at Page 7; thence slang the exterior boundary of said S�tbdiv`tsion 5441, south 45°dQ'04"west 472.08 feet; thence south'200.00 .feet;'thence east 375.00 feet to the most westerly comer of Lot 12 ' as shown an the map of Subdvlsion 6432 filed Qecernber 19 1984; in Book 286 f Maps at Paga 7; thence along the exterior boundary of said Subdivision 6432 (2861M 7) east 1125.00 feet,,thence north 45900'OtJ" east 1500.00'feet; thance south 45°00'00" I -... east 1051.08 feet, thence south 14°39'08" west 1143.43; feet, thence south 42°I .11 east 350.00'feet to the northeast corner of Parcel `D' his shown an said Subdivision 6432 (286 M 7), saki point lying on the northerly line of Par `L' as shown on the ap I of Subdivision 5645 filed August 14, 1981, ;in Book 255 of Maps at Page 27; thence along the exterior boundary of,said Subdivision 5646 (255 M 27), south 42°47'57" east 611.6Lt feet to the 'northeast corner of said Parcel 'L' (255 M 27), said point being an angle paint on the westerly boundary of Parcel `8' as shown on,the rN of Subdiuisian t6683 filed April 23 '1986; irn Book 300 of Maps at Page 49; thence along the exterior boundary-of aidSubdivision 6683 (300 M 49), north 4791.2'03"east 550.00 feet; thence north 42°47'57"west 902:23 feet; thence north 28°50'28"east 1021.00!feI I thence east I 764.00 feet to the northeast corner of said Parcel 'B' (300 M 49), said point also being an angle point on the westerly boundary of Lot 8 6.as shown an the map of Subdivision 5743 flied August 19,- 1981 in Book 256 of Maps at Page 1; thence along the exterior boundary of said Subdivision 5743 (256 M 1} north 1070.00 feet, thence east 800,00 feet; (hence south 67°40'17" east 908.09 feet; thence south 400.00 feet; Chance south 43°47'32" east 939.25 feet to the most easterly comer of Parcel:'D' as shown on said Subdivision 5743 (256 M'1}, satd point also being the most northerly corner of-Parcel 'A' I as shaven ort the map of Subd(vision 6705 filed April 23,'1986 In Book 301 of Maps at Page 1; thence aic`ng the eastsrly boundary,of said Parcel 'A' (301 M 4}, south 1426.14 feet, thencelsaving said easterly boundary of Parcel 'A' (301 M i1}, south 41°10'29"east I 242.19 feet; thence north 83°27'44", east-845.84 feet; thence north-83019151"- east 617,38 feet, thence south 32°01'19° east 568.82 feet to an angle point an the northerly dine of Parcel 'K' as shown on the map of Subdivision 6618 filetE April 22, `1986, in Soak 304 of Maps at Page 14 thence along the exterior bauridary of said Subdivision 8618 I (300 M 14), south S2°30'28"east 622:20 feet; thence south 89617'30" east 364.88'feet; thence south 0'42'30"west 3193.021eet to the southeast corner of Lot 96 as shown on said Subdivision 6618 (30 M 14}, said point also being the northeast carnet of Lot 148 1,11l,�11.�-,..-1-"!-,1:.--1-,.� ...-111..-l.-....----:-i-..�..1:-11I�-..:-.-"1.-...:.I.1.1.�,...�1...11.'l.,-'.1;-:i'II..I..:..:-I,-,,..:...-.�-�-.�..-1�1 1�...�:.1...,1I1-...'::1-�--.�."-...:...:21I,I.:.....�-.�� -.�.I�....:,1�.11.1-.1.1�.::'.---��1-..:...::.�I�'.-:.......�.��-.--1.,,.I--...1:1,111.'..1':..:!-II1......:..�::1,l..:.....��..:�-�:�1-.,I --�I..I:1I-,11'-.:.1�I--Il.-.-.�.�-.:.,...:"...:...:1:--:--...:11-I.. :..-Iz,1lI..1...�.-.�..1.:1'I..-:1-......:.�::- ..-:.�1-:..I I,.1,I....;..-......-.1."1.,1,I..:,......:.��1:..:--...:. .-1.I-1IIlIi'...:l:.2..1--...I11.111..1..�..:I--n-1,1. 1,I1l...:,:.:.:..-1.�II1I1:...-.".�":1:..:1.-,.1.-:1.� I-.--I,,--.-1I:1..1...111-��,. as shown on the trap of Subdivistari 6585 filed December 23, 1985, in Book 297 of Maps at Page 16,'thence along the exterior boundary of said Subdivision 6585 (297 M 2 1