HomeMy WebLinkAboutMINUTES - 09162008 - C.24 Contra
TO: BOARD OF SUPERVISORS,AS BOARD OF
DIRECTORS FOR CALIFORNIA TRADEWINDS o' 's Costa
GEOLOGIC HAZARD ABATEMENT DISTRICT , v` v
°°------6-ua'� County-�
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FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR c
DATE: September 16, 2008
6 .z
SUBJECT: ADOPT Resolution No. 2008/*** declaring the intention to order an sessment for the annexed
territory of Sea Breeze II, Subdivision 8830 to the California Tradewinds Geologic Hazard
Abatement District ("GHAD") and fixing a hearing for November 4, 2008 to consider the proposed
assessment and any protests against the assessment as recommended by the Public Works Director,
Bay Point area. (Tradewinds GHAD Funds) (District V) Project No.: 7821-6X5046
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
1. ADOPT the attached Resolution No. 2008/�2to do the following:
a) DECLARE the intention of the GHAD Board to order an assessment for territory of the Sea Breeze II
Subdivision 8830 to be annexed to the California Tradewinds Geologic Hazard Abatement District
("GHAD");
b) FIX a Public Hearing for November 4, 2008 at 9:30 a.m. in Room 107 of the Board of Supervisors'
Chambers, 651 Pine Street, Martinez, California, to consider the proposed assessment and any protests
thereto.
c) DIRECT the Public Works Director, or her designee, to mail, by first class mail, the "Notice of
Adoption of Resolution" (attached as Exhibit 1 to the Resolution) to each owner of real property (as
shown on the last equalized property tax roll of the County) to be annexed to the California Tradewinds
GHAD, as shown on the Boundary Map (attached as Exhibit 2 to the Resolution). The sealable Ballott
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
13ECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES
ACTION OF BOARD ON ROVED A&RECOMMENDED V1 OTHER
VVE OF SUPERVISORS ,�/'
UNANIMOUS(ABSENT /140"/Vfi )
AYES: NOES:
ABSENT: ABSTAIN:
HH:vz:ab
G:\SpDist\Board Orders\2008\13oard Orders 9-16-08\SeaBreezell GHAD Board Order I hereby certify that this is a true and correct copy of an
Intention to Levy Assessment.doc
Orig.Div: Public Works(Special Districts) action taken and entered on the minutes of the Board of
Contact: Hillary Heard(313-2022) Supervisors on the date shown.
cc: Assessor
Community Development _/
County Counsel ATTES" J;�Z
TED' - / OV
W.Lai,Engineering Service DAVID T}
Tradewinds GHAD Manager i�A Cerk of the Board of Supervisors and
County Administrator
By
Deputy
SUBJECT: ADOPT Resolution No. 2008/**** declaring the intention to order an assessment for the annexed
territory of Sea Breeze II, Subdivision 8830 to the California Tradewinds Geologic Hazard
Abatement District ("GHAD") and fixing a hearing for November 4, 2008 to consider the proposed
assessment and any protests against the assessment as recommended by the Public Works Director,
Bay Point area. (Tradewinds GHAD Funds) (District V)Project No.: 7821-6X5046
DATE: September 16, 2008
PAGE: 2 of 3
(attached as Exhibit 3 to the Resolution and the Engineer's Report (attached as Exhibit 4 to the Resolution)
shall be attached to the Notice of Adoption of Resolution. The Engineer's Report is also on file at the Office of
the Clerk of the Board and the Contra Costa County Public Works Department.
FISCAL IMPACT:
There will be no impact on the County General Fund. Processing costs have been paid by the applicant. The
costs for any GHAD activities that occur within the boundaries of the territory proposed to be annexed into the
California Tradewinds GHAD will be covered.with revenue generated through parcel assessments for the Sea
Breeze II subdivision. The proposed assessment of$410.00 for each of the 17 improved lots in the subdivision
will be considered at the assessment ballot proceeding.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
On September 16, 2008, the GHAD Board conditioned approval of the annexation of the Sea Breeze II
subdivision into the California Tradewinds GHAD on subsequent approval of proposed parcel assessments to
pay for GHAD activity to prevent, mitigate, abate and control geologic hazards within the annexed territory.
The assessment will be levied on each improved lot within the Sea Breeze II subdivision. Funding will be
collected and used according to the First Amendment to California Tradewinds GHAD Plan of Control. The
GHAD maintained improvements described in the First Amendment to California Tradewinds GHAD Plan of
Control are distributed within the boundaries of the Sea Breeze II subdivision. Maintenance and protection of
these improvements provide a special benefit to all residential property owners within the Sea Breeze II portion
of the GRAD. There is no benefit for properties outside of the Sea Breeze II portion of the GRAD. The
Engineer finds that these properties within the Sea Breeze II portion of the GHAD receive approximately equal
special benefit from the work and improvements within the Sea Breeze II portion of the GRAD.
In order to require the territory to be annexed to provide funding for the GHAD, it is necessary to approve an
assessment for the properties located within the Sea-Breeze II subdivision. The methodology for the proposed
assessment of$410 for each of the 17 improved lots.in the subdivision is described in detail in the Engineer's
Report prepared by a registered professional engineer. Based on the estimated expenses for on-going
operations, long term replacement of GHAD maintained improvements and allowing for larger geologic events
at 20-year intervals, a budget was prepared for the purpose of estimating initial assessment levels (see Exhibit C
to the Engineer's Report). To establish a reasonable reserve in the early years following annexation, there will
be a payment from the developer or an initial deferral of GHAD expenses as described in the First Amendment
to California Tradewinds GHAD Plan of Control.
The Engineer's Report describes the recommended 'assessment limit for the Sea Breeze II territory to be
annexed. The assessment limit for the Sea Breeze II subdivision is higher that the California Tradewinds
subdivision based on the GHAD maintained improvements within the Sea Breeze II subdivision. The proposed
initial assessment level of $410 for detached single-family units will be adjusted annually to reflect the
percentage change in the San Francisco-Oakland-San Jose Consumers Price Index for All Urban Consumers as
of June 2007 (216.123). The residential assessments are to be levied in conjunction with the issuance of a
building permit for each of the residential lots. The assessments will continue to be collected annually and used
SUBJECT: ADOPT Resolution No. 2008/**** declaring the intention to order an assessment for the annexed
territory of Sea Breeze II, Subdivision 8830 to the California Tradewinds Geologic Hazard
Abatement District ("GHAD") and fixing a hearing for November 4, 2008 to consider the proposed
assessment and any protests against the assessment as recommended by the Public Works Director,
Bay Point area. (Tradewinds GHAD Funds) (District V) Project No.: 7821-6X5046
DATE: September 16, 2008
PAGE: 3 of 3
according to the First Amendment to California Tradewinds GHAD Plan of Control. Unexpended funds will
augment the reserve for subsequent years.
The proposed assessment of $410.00 for each improved lot within the Sea Breeze II subdivision will be
considered on November 4, 2008, in accordance with Proposition 218.
CONSEQUENCES OF NEGATIVE ACTION:
The GHAD Board and the Board of Supervisors required the approval of the proposed assessment as a
condition of approval for the annexation of the Sea Breeze II subdivision into the California Tradewinds
GHAD. If the GHAD Board does not proceed with this matter, the annexation will not occur.
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
ACTING AS THE BOARD OF DIRECTORS FOR THE
CALIFORNIA TRADEWINDS GEOLOGIC HAZARD ABATEMENT DISTRICT
Adopted this Resolution on September 16, 2008 by the following vote:
AYES: Gioia, Uilkema, Piepho, Bonilla,
and Glover
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2008/
SUBJECT: ADOPT Resolution No. 2008/ declaring the intention to order an assessment for the territory
of Sea Breeze II, Subdivision 8830 to be annexed to the California Tradewinds Geologic Hazard
Abatement District ("GHAD"), and fixing a hearing for November 4, 2008 to consider the
proposed assessment and any protests against the assessment, Bay Point area. (Tradewinds
GHAD Funds) (District V) Project No.: 7821-6X5046
RECITALS:
A. On June 10, 1997, the Contra Costa County Board of Supervisors adopted Resolution
No.97/297approving and forming the California Tradewinds Geologic Hazard Abatement District
("GHAD") under authority of the California Public Resources Code (Division 17, commencing with
Section 26500) and appointing itself to act as the Board of Directors of the GHAD ("GHAD Board").
This formation was described in the petition dated January 30, 1997, and in the GHAD Plan of Control
dated January 30, 1997. Subsequently, the GHAD Board imposed assessments on the properties within
the GHAD to fund the improvement, monitoring and improvements described in the California
Tradewinds GHAD Plan of Control.
B. On August 19, 2008, the GHAD Board was presented with and reviewed the Petition for Annexation of
Territory to the California Tradewinds GHAD ("GHAD Petition"). In connection with the proposed
annexation, the GHAD Board was also presented with and reviewed the proposed.First Amendment to
California Tradewinds GHAD Plan of Control.
C. On September 16, 2008, the GHAD Board approved the annexation and adopted the proposed First
Amendment to California Tradewinds GHAD Plan of Control. On that same day, subsequent to the
GHAD Board's approval, the Board of Supervisors approved the annexation in accordance with Public
Resources Code section 26581. Both approvals were conditioned upon subsequent approval of the
proposed assessment on the annexed territory of the Sea Breeze II subdivision.
RESOL UTION NO. 20081612
SUBJECT: ADOPT Resolution No. 2008/ declaring the intention to order an assessment for the territory of
Sea Breeze II, Subdivision 8830 to be annexed to the California Tradewinds Geologic Hazard
Abatement District ("GHAD") and fixing a hearing for November 4, 2008 to consider the
proposed assessment and any protests against the assessment, Bay Point area. (Tradewinds GHAD
Funds) (District V) Project No.: 7821-6X5046
DATE: September 16, 2008
PAGE: 2
D. In order to pay for the cost and expenses of maintaining and operating the improvements for the Sea
Breeze II portion of the California Tradewinds GHAD as described in the First Amendment to
California Tradewinds GHAD Plan of Control, pursuant to Public Resources Code sections 26500 et
seq., it will be necessary to provide a reliable source of funding.
E. Public Resources Code sections 26650 et seq. authorize, after a noticed public hearing, the levy and
collection of an assessment upon specially benefited property within the GHAD to pay for the
maintenance and operation of GHAD improvements. Article XIII (D) of the California Constitution
imposes additional requirements for the levy and collection of said assessment.
F. An Engineer's Report has been prepared by a registered professional engineer, certified in the State of
California, in compliance with Public Resources Code section 26651 (a) and section 4(b) of Article
XIII(D) of the California Constitution. The Engineer's Report (attached as Exhibit 4) explains the
purpose of the GHAD with respect to the territory to be annexed, and provides the estimated budget for
GHAD activities in the territory to be annexed, the total assessment that will be chargeable to the
territory proposed to be annexed into the GHAD, the estimated assessment to be levied against each
parcel within such territory, and a description of the method used in formulating the estimated
assessments.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ACTING AS THE
BOARD OF DIRECTORS FOR THE CALIFORNIA TRADEWINDS GEOLOGIC HAZARD
ABATEMENT DISTRICT DECLARES, RESOLVES, FINDS AND ORDERS THAT:
1. The GHAD Board declares its intention, consistent with the requirements if Article XIII(D) of the
California Constitution, Public Resources Code section 26650 et seq., Government Code section 53750
et seq. and Elections Code section 4000, to order that the cost and expenses of maintaining and
operating any GHAD improvements described in the First Amendment to California Tradewinds GHAD
Plan of Control acquired or constructed pursuant to Public Resources Code section 26500 et seq. be
assessed against those parcels to be annexed to the GHAD, as identified on the Boundary Map, that are
.specially benefitted by the GHAD.
2. The GHAD Board further declares its intention to assess against those parcels shown on the Boundary
Map for the 2008 fiscal year and for subsequent years, all or part of the amounts set forth in the
Engineer's Report commencing the first fiscal year following insurance of a building permit for that
parcel.
3. Notwithstanding Paragraph 2 above, the GHAD Board shall not order this assessment if a majority
protest exists as defined in Section 4(e) of Article XIII(D) of the California Constitution.
RESOLUTION NO. 200811;1Z
(,p/2
SUBJECT: ADOPT Resolution No. 2008/ declaring the intention to order an assessment for the territory of
Sea Breeze II, Subdivision 8830 to be annexed to the California Tradewinds Geologic Hazard
Abatement District ("GHAD") and fixing a hearing for November 4, 2008 to consider the
proposed assessment and any protests against the assessment, Bay Point area. (Tradewinds GHAD
Funds) (District V) Project No.: 7821-6X5046
DATE: September 16, 2008
PAGE: 3
4. Each of the parcels identified on the Boundary Map will receive a particular and distinct special benefit
in the form of GHAD facilities and services that are over and above the general benefits received by the
general public. Specifically, in order to control geologic hazards within the GHAD, the GHAD may,
without limitation: (a) evaluate the performance of the natural, cut and reconstructed slopes, the surface
drainage and ditches to prevent certain geologic hazards within the GHAD: (b) perform certain
temporary and permanent mitigation, repairs and improvement measures to prevent, mitigate, abate and
control geologic hazards within the GHAD; and (c) maintain, abate or control geologic hazards within
the GHAD. These special benefits are described in detail in the First Amendment to California
Tradewinds GHAD Plan of Control on file with the Contra Costa County Department of Public Works.
5. Hereafter, whenever the parcels identified on the Boundary Map are re-subdivided and a final map is
approved and filed for recording with the County Recorder, each newly created residential lot will be
assessed in the manner provided in the Engineer's Report.
6. The GHAD Board has reviewed and considered the Engineer's Report. The special benefit derived from
the GHAD by each parcel in the Sea Breeze II portion of the GHAD is proportionate to the entire costs
of the Sea Breeze II portion of the GHAD, and the amount of the assessment is proportional to, and no
greater than, the benefits conferred on each parcel. The assessment does not exceed the reasonable cost
of the proportional special benefit conferred on each parcel.
7. No later than three (3) days after adoption of this Resolution, the Public Works Director shall mail the
"Notice of Adoption of Resolution" (attached as Exhibit 1) to each owner of real property (as shown on
the last equalized property tax roll of the County) to be annexed to the GHAD, as shown on the
Boundary Map. The sealable Ballot (attached hereto as Exhibit 3) and the Engineer's Report shall be
attached to the Notice of Adoption of Resolution.
8. A public hearing on the proposed assessment will be held on November 4, 2008, at 9:30 a.m., in the
Board of Supervisors' Chambers, 651 Pine Street, Room 107, Martinez, California. The following
paragraph provides the procedures for returning and tabulating the ballots.
9. The ballot may be completed and mailed or hand delivered to the Contra Costa County Public Works
Department, Attn: Hillary Heard, 255 Glacier Drive, Martinez, California 94553, or may be submitted at
the public hearing. The ballot may be withdrawn or changed at any time prior to the conclusion of the
public testimony on the proposed assessment at the public hearing. Immediately before the hearing, the
Public Works Department shall tabulate the ballots. At the hearing, the GHAD Board shall consider any
objections or protests to the assessment and certify the tabulation of the ballots. The GHAD Board shall
not impose the assessment if there is a majority protest. A majority protest exists if, upon conclusion of
the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of
the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional
financial obligation of the affected property.
10. Following the public hearing, the GHAD Board shall consider the adoption of the canvas of votes for the
GHAD.
11. Upon authorization of the assessment, the GHAD Board shall levy the authorized assessment on each
parcel within the Sea Breeze II subdivision the first fiscal year following issuance of a building permit
for each parcel.
12. This Resolution shall become effective immediately upon its passage and adoption.
RESOL UTION NO. 2008/_�ZcZ,
EXHIBIT 1
Notice of Adoption
NOTICE OF ADOPTION OF RESOLUTION BY THE BOARD OF DIRECTORS OF THE
CALIFORNIA TRADEWINDS GEOLOGIC HAZARD ABATEMENT DISTRICT
On June 10, 1997, the Contra Costa County Board of Supervisors adopted Resolution No.
1997/297, approving and ordering the formation of the California Tradewinds 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 January 30, 1997
and in the GHAD Plan of Control dated January 30, 1997. Subsequently, the GHAD Board
imposed assessments on the properties within the GHAD to fund the improvement, monitoring
and maintenance of improvements described in the California Tradewinds GHAD Plan of
Control. On September 16, 2008, the GHAD Board approved the annexation of the Sea Breeze
II subdivision and adopted the proposed First Amendment to California Tradewinds GHAD Plan
of Control. On that same day, subsequent to the GHAD Board's approval, the Board of
Supervisors approved the annexation in accordance with Public Resources Code section 26581.
Both approvals were conditioned upon subsequent approval of the proposed assessments on the
annexed territory of the Sea Breeze II subdivision. These actions were taken in accordance with
Public Resources Code Sections 26500 et seq. for the purpose of the prevention, mitigation,
abatement and control of certain geologic hazards.
NOTICE IS HEREBY GIVEN that:
On September 16, 2008, the GHAD Board adopted Resolution No. 2008/ declaring its
intention to impose an assessment on the property to be annexed and fixing a public hearing to
consider adoption of this assessment to finance the Sea Breeze II portion of the GHAD. The
total yearly estimated budget for the Sea Breeze II portion of the GHAD as set forth in the
Engineer's Report is $7,520. If the assessment is adopted, it is anticipated that each parcel that
you own will be assessed a maximum of$410 per year,plus an annual adjustment to reflect the
percentage change in the San Francisco-Oakland-San Jose Consumers Price Index for All Urban
Consumers as of June 2007 (216.123). The assessment for a parcel will be levied beginning the
first fiscal year after issuance of the building permit for that parcel. The assessment will
continue to be levied in perpetuity.
The attached Engineer's Report for the Sea Breeze II portion of the California
Tradewinds GHAD was prepared by a registered engineered, certified in the State of California,
and describes in detail the reason for the assessment and the basis upon which the amount of the
proposed assessment was calculated. The Engineer's Report specifically sets forth the yearly
estimated budget, the total assessment that will be chargable to the entire Sea Breeze II portion
of the GHAD, the proposed estimated assessments to be levied each year against each parcel of
property, and a description of the method used in formulating the estimated assessment. A copy
of the Engineer's Report is also available for inspection at the office of the Department of Public
Works, 255 Glacier Drive,Martinez,California 94553.
The GHAD Board will conduct the public hearing on November 4, 2008, at 9:30a.m.,
Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Room 107, Martinez,
California, on the proposed assessment.
The following paragraph provides the procedure for returning and tabulating the ballots.
A copy of this Notice of Adoption of Resolution, a sealable ballot and the Engineer's Report has
been sent to each of the property owners that were annexed to the GHAD on September 16,
2008.
The ballot may be completed and mailed or hand delivered to Contra Costa County
Public Works Department, Attn: Hillary Heard, 255 Glacier Drive, Martinez, California 94553,
or may be submitted at the public hearing. You may submit, withdraw, or change your ballot at
any time prior to the conclusion of the testimony on the proposed assessment at the public
hearing. Immediately before the hearing, the Public Works Department shall tabulate the ballots.
'At the hearing, the GHAD Board shall consider any objections or protests to the assessment and
certify the tabulation of the ballots.
The GHAD Board shall not impose the assessment if there is a majority protest. A
majority protest exists if,upon conclusion of the hearing, ballots submitted in opposition to the
assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the
ballots shall be weighted according to the proportional financial obligation of the affected
property.
Inquiries regarding the proposed assessment may be made by mail to: Contra Costa
County Department of Public Works, Attn: Hillary Heard, 255 Glacier Drive, Martinez,
California, 94553 or by phone at (925) 313-2022.
EXHIBIT 2
\ 098-520 1 ose-520 S01'31'SO"E O
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SECTION SECTION z I O
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POINT OF BEGINNING ABBREVIATIONS: T \! 11.41
SOUTHEAST CORNER OF R=RADIUS R=132.00'
SECTION 9 T. 2 N., R. 1 W., D=DELTA (INCLUDED ANGLE) D=15'49'43"
M.D.B. & M. C=CHORD C=36.35'
L=ARC LENGTH L=36.47' 0 10'00"E
(R)=RADIAL BEARING 18.23' R=128.00'
10 - D=3426'01"
N30'19'53"W C=75.77'
17.72' (2) L=76.93'
N51'31'56"E N0529'34W (R)
17.72'
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I
SEA BREEZE 11(SUBDIVISION 8830)
q PREPARED BY: MERIDIAN PORTION OF THE CALIFORNIA TRADEWINDS GHAD
ASSOCIATES,INC. PORTIONS OF THE SOUTHEAST 1/4 OF SECTION 8 AND THE
CIVIL ENGINEERING • PLANNING • SURVEYING NORTHEAST 1/4 OF SECTION 16 TOWNSHIP 2 NORTH,
1340TREA'f BOLILEVARD SUffE 130 PIIONE:925-932.4906 AGE I. WEST, MOUNT DIABLO BASE AND MERIDIAN
WALNLI'P CREEK,CA 94597 PAX:925-932-3519 FEBRUARY, 2007 SCALE: 1"=100'
EXHIBIT 3
Ballot
Identification of Parcel:
Record Owner:
Yes, I approve the proposed annual benefit assessment described in the attached Notice
on the property described by the parcel numbers identified in this Ballot.
No, I do not approve the proposed annual benefit assessment described in the attached
Notice on the property described by the parcel numbers identified in this Ballot.
Signature of Record Owner or
Authorized Representative of the
above identified parcel(s)
Mail or deliver sealed Ballot to:
Clerk of the Board of Directors
California Tradewinds Geologic Hazard Abatement District
c/o Contra Costa County Public Works Department
Attention: Hillary Heard
255 Glacier Drive
Martinez, CA 94553
EXHIBIT 4
t
ENGINEER'S REPORT
for
ANNEXATION OF THE SEA BREEZE II DEVELOPMENT INTO THE CALIFORNIA
TRADEWINDS GEOLOGIC HAZARD ABATEMENT DISTRICT
BAY POINT, CALIFORNIA
DECEMBER 7, 2007
REVISED AUGUST 8, 2008
EMGEO
INCORPORATED
TABLE OF CONTENTS
Page.
I. INTRODUCTION...............................................................................................................3
II. BACKGROUND.................................................................................................................3
III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES................................3
IV. SERVICE LEVELS.............................................................................................................3
V. DESCRIPTION OF THE IMPROVEMENTS TO BE MAINTAINED BY THE GHAD A
VI. ASSESSMENT METHOD..................................................................................................4
VII. ASSESSMENT LIMIT- BUDGET....................................................................................5
EXHIBIT A—LEGAL DESCRIPTION
EXHIBIT B —GHAD 13OUNDARY
EXHIBIT C —CALIFORNIA TRADEWINDS GHAD BUDGET
7529.100.101
December 7, 2007
Revised August 8, 2008
EMGEO.
INCORPORATED
ENGINEER'S REPORT
GEOLOGIC HAZARD ABATEMENT DISTRICT-CALIFORNIA TRADEWINDS
SEE BREEZE II ANNEXATION
(Pursuant to the Public Resources Code of the State of California, Section 26500 et seq.)
CERTIFICATION OF FILING
This report is presented at the direction of the GHAD Board of Directors. The GHAD is ,
intended to provide monitoring and maintenance of improvements related to geologic hazard
management within the existing California Tradewinds GHAD including Sea Breeze II and to
levy and collect assessments in order to perform its activities.
The improvements which are the subject of this report relate only to the Sea Breeze II
subdivision and are defined as any activity necessary or incidental to the prevention, mitigation,
abatement, or control of a geologic hazard, including construction, maintenance, repair, or
operation of any improvement; or the issuance and servicing of bonds issued to finance any of
the foregoing (Section 26505).
This report consists of seven parts, as follows:
I. INTRODUCTION
II. BACKGROUND
III. GEOLOGIC HAZARD ABATEMENT DISTRICT.DIAGRAM
IV. SERVICE LEVELS
V. DESCRIPTION OF GHAD-MAINTAINED IMPROVEMENTS
VI. ASSESSMENT METHOD
VII. ASSESSMENT LIMIT - BUDGET PROJECTION
7529.100.101
December 7, 2007
Revised August 8, 2008 1
ENGEO
INCORPORATED
The undersigned respectfully submits the enclosed Engineer's Report.
Date: 10b - By: ENGEO Incorporated
GE
I HEREBY CERTIFY that the enclosed Engineer's Report was filed on the day of
Clerk of the Board
California Tradewinds Geologic Hazard Abatement District
Bay Point, California
I HEREBY CERTIFY that the enclosed Engineer's Report was approved and confirmed by the
GHAD Board on the day of
President of the Board
California Tradewinds Geologic Hazard Abatement District
Bay Point; California
APPROVED
7529.100.101
December 7, 2007
Revised August 8, 2008 2
EMGEO
INCORPORATED
ENGINEER'S REPORT
for
ANNEXATION OF THE SEA BREEZE II DEVELOPMENT INTO THE CALIFORNIA
TRADEWINDS GEOLOGIC HAZARD ABATEMENT DISTRICT
for the
ESTABLISHMENT OF AN ASSESSMENT LIMIT
I. INTRODUCTION
The California Tradewinds Geologic Hazard Abatement District was formed under the authority
of the California Public Resources Code, Division 17, Section 26500 et seq.
II. BACKGROUND
The Contra Costa County Board of Supervisors adopted Resolution No. 97/297 on June 10, 1997
approving the formation of the California Tradewinds Geologic Hazard Abatement District
("GHAD"). The Contra Costa County Board of Supervisors, acting as the Board of Directors of
the California Tradewinds GHAD adopted Resolution No 2008/_ on September 16, 2008,
approving the annexation of the Sea Breeze II subdivision to the California Tradewinds GHAD.
Under Public Resources Code section 26581, the Board of Supervisor then adopted Resolution .
No. 2008/ on September 16, 2008, approving the annexation of the Sea Breeze 1I subdivision
to the California Tradewinds GHAD. Approval of the annexation was conditioned upon
subsequent approval of assessments on the territory to be annexed.
III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES
The boundaries for the Sea Breeze 11 Subdivision portion of the GHAD are shown in the diagram
attached hereto as Exhibits A and B. The Assessor's Parcel Number within the plotted area is
098-210-030.
IV. SERVICE LEVELS
The GHAD's activities are those that are necessary or incidental to the prevention, mitigation,
.abatement, or control of geologic hazards including construction, maintenance, repair, or
operation of any improvement; and the issuance and servicing of bonds issued to finance any of
the foregoing.
7529.100.101
December 7, 2007
Revised August 8, 2008 3
EMGEO
INCORPORATED
The GHAD provides for the administration and review of facilities within the budgeted limits,
including the following services:
1. Oversight of GHAD operations.
2. In conjunction with the County Assessor's Office, setting the annual levying of
assessments on the property tax rolls.
3. Engagement of technical professionals to perform the monitoring duties as described in
the First Amendment to the California Tradewinds GHAD Plan of Control.
4. Performance of GHAD maintenance activities in accordance with the First Amendment
to the California Tradewinds GHAD Plan of Control. These maintenance activities
include:
• Slopes
• Retaining walls
• Subdrains and subdrain outlets
• Bioswales and associated benches
5. Preparation of annual GHAD budgets.
V. DESCRIPTION OF THE IMPROVEMENTS TO BE MAINTAINED BY THE GHAD
The GHAD-maintained improvements for the Sea Breeze II portion of the GHAD are described
in the First Amendment to the California Tradewinds GHAD Plan of Control dated
March 29, 2007 and revised July 21, 2008. In general, these improvements include a retaining
wall, drainage systems, including bioswales in common areas and on the hillside; subdrains and
reconstructed slopes within the open space area.
VI. ASSESSMENT METHOD
The GRAD-maintained improvements described in Section V are distributed within the
Sea Breeze II boundaries. Maintenance and protection of these improvements provide a special
benefit to all residential property owners within the Sea Breeze II portion of the GHAD. There is
no benefit for properties outside of the Sea Breeze II portion of the GHAD. The Engineer hereby
finds that these properties within the Sea Breeze II portion of the GHAD receive approximately
equal special benefit from the work and improvements within the GHAD. As a result, the
GHAD assessment is distributed equally among all owners of each buildable parcel of habitable
space.
7529.100.101
December 7, 2007
Revised August 8, 2008 4
EA GEO
INCORPORATED
Single-family residential lots will be assessed as one unit. The total number of residential units
within the Sea Breeze II portion of the GHAD is then divided into the annual GHAD budget to
develop the annual assessment amount.
A financial analysis was performed to provide a framework for an operating budget for the
on-going abatement, mitigation, prevention and control of geologic hazards within the GHAD
boundaries of the Sea Breeze II portion of the GHAD. In preparation of the budget, several
factors were considered including:
• Site Geology
• Proposed Remedial Grading
• Proximity of Geologic Hazards to Proposed Residences, Improvements or Structures
• Site Access Considerations
• Elements Requiring Routine Maintenance, including:
1. Surface Drainage Facilities
2. Graded Slopes
3. Retaining Walls
4. Subsurface Drainage Facilities
VII. ASSESSMENT LIMIT- BUDGET
Based on the estimated expenses for on-going operations, long-term replacement of
GHAD-maintained improvements and allowing for a larger (approximately $10,000) geologic
event at 20-year intervals, a budget was prepared for the purpose of estimating initial assessment
levels (Exhibit Q. In order to establish a reasonable reserve in the early years of the
Sea Breeze II annexation to the California Tradewinds GHAD, there will be a payment from the
developer as described in the First Amendment to California Tradewinds GHAD Plan of Control
or an initial deferral of GHAD expenses.
The Engineer recommends an annual assessment limit for the Sea Breeze 1I subdivision of
$410 per detached single-residential unit (Fiscal Year 2007/2008 dollars). The proposed initial
assessment level of$410.for detached single-family units will be adjusted annually to reflect the
percentage change in the San Francisco-Oakland-San Jose Consumers Price Index for All Urban
Consumers as of June 2007 (216.123). The residential assessments are to be levied in
conjunction with the issuance of a building permit for each of the residential lots. The levying of
the assessment will be as described in the First Amendment to California Tradewinds
GHAD Plan of Control.
7529.100.101
December 7, 2007
Revised August 8, 2008 5
:EIVMGEO
`, t� r _ r'i- r, ,:• r - INCORPORATED- .
.EXHIBIT A r
a' Y 1 ��{ {. � II. X4'•,1 U • -
r Ih � r r •' r l h • r
Legal Description for;;Sea'-Breeze IL(Subdivisigw8830) 1
_Portion of the.California-Tradewinds'GHAD
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7529:100:1.01 '
December 7, 2007
Revised August,8';
SEA BREEZE II (SUBDIVISION 8830)
PORTION OF THE CALIFORNIA TRADEWINDS
GEOLOGIC HAZARD ABATEMENT DISTRICT
EXHIBIT "A"
ALL THAT UAI. PROPERTY SITUATE IN THE UNINCORPORATED
AREA OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
PORTION$ OF THE SOUTHEAST '/ OF SECTION 9 AND THE
NORTHEAST %a OF SECTION 16, TOWNSHIP 2 NORTH, RANGE 1 WEST,
MOUNT DIABLO BASE AND. MERIDIAN, FURTHER DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 9,
THENCE, (1) SOUTH 88020'08" WEST, 660.90 FEET;
THENCE, (2) SOUTH 01038'50" EAST, 1.30 FEET TO THE BEGINNING OF
A NON-TANGENT CURVE, CONCAVE TO THE SOUTHEAST, A RADIAL
LINE TO WHICH BEARS NORTH 01°38'50"WEST; ,
THENCE, (3) ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF
74.00 FEET, A CENTRAL ANGLE OF 7401 PI 0'% A CHORD LENGTH OF
89.26 FEET, AND AN ARC LENGTH OF 95.81 FEET;
THENCE, (4) SOUTH 14010'00"WEST, 20.04 FEET;
THENCE, (5) SOUTH 23021'39" EAST, 11.41 FEET TO THE NORTH RIGHT
OF WAY OF RAPALLO LINE AND THE BEGINNING OF A NON-TANGENT
CURVE, CONCAVE TO THE SOUTH, A RADIAL LINE TO WHICH BEARS
NORTH 28056'27"EAST;
THENCE, (6) ALONG SAID RIGHT OF WAY AND ALONG THE ARC OF
SAID CURVE, HAVING A RADIUS OF 128.00 FEET, A CENTRAL ANGLE
OF 34026'01", A CHORD LENGTH OF 75.77 FEET, AND AN ARC LENGTH
OF 76.93 FEET;
THENCE, (7) LEAVING SAID RIGHT OF WAY NORTH 51031'56" EAST,
17.72 FEET;
THENCE, (8) NORTH 14010100" EAST, 18.23 FEET TO THE BEGINNING OF
A TANGENT CURVE, CONCAVE TO THE SOUTHEAST;
THENCE, (9) ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF
132.00 FEET, A CENTRAL ANGLE OF 71053131", A CHORD LENGTH OF
36.35 FEET; AND AN ARC LENGTH OF 36.47 FEET;
THENCE, (10)NORTH 30019'53"WEST, 17.72 FEET;
THENCE, (11) SOUTH 88020'08" WEST, 239.03 FEET;
THENCE, (12) NORTH 01039'52" WEST, 230.00 FEET;
THENCE, (13)NORTH 88020'08"EAST, 1025.94 FEET;
THENCE (14) SOUTH 00054'38" WEST, 230.23 FEET TO THE POINT OF
BEGINNING.
THE LAND DESCRIBED HEREIN CONTAINS 5.51 ACRES OF LAND,
MORE OR LESS.
LAND
� � END OF DESCRIPTION
LS 3272 FOR MERIDIAN ASSOCIATES, INC.
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EXP. os/30/zoos PAUL CANUMAY
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7529.100'.101I .1
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SECTON SECTION
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POINT OF 8EGINNING ABBREVIATIONS: 11.41
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I EXHIBIT 9913""
� � I
SEA BREEZE II(SUBDIVISION 8830)
PREPARFn RY: MERIDIAN RIDIAN PORTION OF THE CALIFORNIA TRADEWINDS GHAD
g
ASSOCIATES,INC. PORTIONS OF THE SOUTHEAST 1/4 OF SECTION 9 AND THE
CIVIL ENGINEERING • PLANNING• SURVEYING NORTHEAST 1/4 OF SECTION 16 TOWNSHIP 2 NORTH,
1340 TREAT 13OLIfEVARD surrE 130 PHONE:925.932.4906 RANGE I WEST, MOUNT DIABLO BASE AND MERIDU
WALNUT CREEK,CA 94597 FAX:925-932-3519 FEBRUARY, 2007 SCALE: 1"=100'
w, 1NC�RP '
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December ust S;2p0g ,
Revise '•• '
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ENGEO
INCORPORATED
EXHIBIT C
California Tradewinds Geologic Hazard Abatement District
Sea Breeze II Annexation
Budget
ASSUMPTIONS
Total No. of Single Family Residential Units 17
Annual Assessment per Unit(current$) $410
Annual Adjustment in Assessment(estimated) 3.0%
Inflation (estimated) 3.0%
Investment Earnings (estimated) 4.0%
Frequency of Large-Scale Repair(years) 20
Cost of Large-Scale Repair(current$) $10,000
ESTIMATED ANNUAL EXPENSES IN 2008 DOLLARS
Administration and Accounting $800
County Staff Services $500
Membership Dues for California Association of GHADs $110
Professional Services including Site Monitoring (2 events per year) $2,000
Maintenance and Operation (Subdrain Outfalls and Sediment Removal) $2,260
Slope Stabilization and Erosion Protection $500
Capital Improvement(Bioswale Replacement) $1,080
TOTAL
7529.100.101
December 7, 2007
Revised August 8, 2008
EA GEO
INCORPORATED
California Tradewinds Geologic Hazard Abatement District
Sea Breeze II Annexation
Estimated Budget
4 -Years
Projected Income
Fiscal Year Fiscal Year Fiscal Year Fiscal .
2007/2008 2008/2009' 2009/2010 2010/2011 ar
Annual l evy $410.00 $422.30 $434.97 $448.02
Amount
Assessed Units 0 17 17 17
Projected Income $0 $7,179 $7,394 $7,616
Estimated GHAD Expenses
Adminis6ation and $2,500 $824 $849 $874
Accounting
GHAD Expenses2
(See Annual $03 $6,273 $6,461 $6,655
Expense Budget)
Total Estimated $2,500 $7,097 $7,310 $7,529
Expenses
Projected
Cumulative ($2,500)3 $825 $166 $253
Reserve"
Maintenance and monitoring responsibilities may be transferred to the California Tradewinds GHAD.
Z Assumes an inflation rate of 3 percent per year.
J GHAD Monitoring and maintenance responsibilities to be funded by DeNova Homes.
Does not include investment income on GHAD reserve funds:
5 Assumes that within the first possible year of GHAD Open Space responsibility that all of the monitoring,
.maintenance and repair expenses estimated in the projected budget will occur. In our experience with other
GHAD's,these expenses occur over a number of years,therefore the cumulative reserve amount shown should be
considered conservative.
7529.100.101
December 7, 2007
Revised August 8, 2008
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