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HomeMy WebLinkAboutMINUTES - 09162008 - SD.5 (3)�1 TO: BOARD OF SUPERVISORS, AS BOARD OF DIRECTORS FOR HILLCREST HEIGHTS GEOLOGIC HAZARD ABATEMENT DISTRICT FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR DATE: September 16, 2008 .............. Contra Costa - ------- County a covx't't yob 5D5 SUBJECT: HEARING to Adopt Resolution No. 2008/**** accepting tabulation of mail -in ballots, considering any objections, confirming assessment, and authorizing the levy and collection of the assessment for the annexed territory of the Spanish Trails"subdivision to the Hillcrest Heights Geologic Hazard Abatement District ("GHAD"), El Sobrante area. (Hillcrest Heights GHAD Funds) (District I) Project No.: 7756-6X5047 i SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: CONDUCT A HEARING to Adopt Resolution No. 2008/ 606 accepting tabulation of mail -in ballots, considering any objections, confirming assessment, and authorizing the levy and collection of the assessment for the annexed territory of the Spanish Trails subdivision to the Hillcrest Heights Geologic Hazard Abatement District ("GHAD") FISCAL IMPACT: There is no impact to the County General Fund. All costs will be covered with revenue generated through parcel assessments on the properties within the Spanish T ails subdi ion (100%). Continued on Attachment: X SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR _ COMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATURE(S): C�'� U — A --- ACTION OF BOARD ON �,OO APPROVED AS RE O ENDED OTHElf opEneJ VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: HH :vz :ab G:\SpDist\Board Orders\2008\Board Orders 9-16-08\Spanish Trails GHAD Board Order Confirming Assessment_ 9_ 16_08.doc Orig. Div: Public Works (Special Districts) Contact: Hillary Heard (313-2022) cc: Assessor Community Development County Counsel W. Lai, Engineering Services Hillcrest Heights GHAD Manager I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: Skv DAVID TWA, Clerk of the Board of Supervisors and County Administrator By X,92t U/0,&A 2 Deputy- SUBJECT: HEARING to Adopt Resolution No. 2008/**** accepting tabulation of mail -in ballots, considering any objections, confirming assessment, and authorizing the levy and collection of the assessment for the annexed territory of the Spanish Trails subdivision to the Hillcrest Heights Geologic Hazard Abatement District ("GHAD"), El Sobrante area. (Hillcrest Heights GHAD Funds) (District I) Project No.: 7756-6X5047 DATE: September 16, 2008 PAGE: 2 of 3 REASONS FOR RECOMMENDATIONS AND BACKGROUND: In July 1996, the Hillcrest Heights GHAD was formed and the Board of Supervisors appointed itself as the Board of Directors for the GRAD ("GHAD Board"). In connection with this formation, the GHAD Board adopted a Plan of Control and imposed assessments on the properties within the GHAD boundaries. The Conditions of Approval for the Spanish Trails subdivision (DP 03-3052, SD 02-8687) require the annexation into the existing Hillcrest Heights GHAD or the creation of a new independent GHAD prior to issuance of the first building permit. To satisfy these requirements, the developer of the Spanish Trails subdivision elected to petition the Board of Directors of the Hillcrest Heights GHAD ("GHAD Board") to annex the subdivision into that existing GRAD. On July 22, 2008, the GHAD Board approved the annexation and adopted the Hillcrest Heights GHAD Plan of Control for Spanish Trails, which addresses geologic hazards within the Spanish Trails subdivision. The approval of the annexation was conditioned upon subsequent approval of assessments on the annexed territory. The Hillcrest Heights GHAD Plan of Control for Spanish Trails describes the work contemplated for the subdivision, including maintenance, monitoring and funding. Funding for the GHAD will be based on a parcel assessment from each improved lot in the subdivision, which funding will be collected and used in accordance with the Hillcrest Heights GHAD Plan of Control for Spanish Trails. The GHAD improvements are distributed within the GHAD boundaries, as set forth in the Engineer's Report. Maintenance and protection of these improvements will provide a special benefit to all property owners within the Spanish Trails subdivision. The annexed properties will receive approximately equal special benefit from the improvements. In order to require the annexed territory to provide funding for the Hillcrest Heights GHAD, it is necessary to approve a new assessment. The methodology for the proposed assessment is set forth in the Engineer's Report. Based on the estimated expenses for on-going operations, and allowing for larger geologic events at 50 -year intervals, a budget was prepared for the purpose of estimating the initial assessment levels (see Exhibit B to the Engineer's Report). The Engineer's Report describes the recommended assessment limit for the newly annexed territory. This limit will escalate annually to reflect inflation. Parcel assessments will be collected annually and used in accordance with the Hillcrest Heights GHAD Plan of Control for Spanish Trails. The proposed maximum assessment is $1,700.50 in Fiscal Year 2008-2009 dollars. Each year thereafter the maximum assessment rate may be increased based upon the annual change in the San Francisco -Oakland -San Jose Consumers Price Index for All Urban Consumers as of June 2008. On July 22, 2008, the GRAD Board adopted Resolution No. 2008/600 declared the intention to order an assessment for the annexed territory of the Spanish Trails subdivision to the Hillcrest Heights GHAD and fixed a hearing for September 16, 2008 to consider the proposed assessment and any protests against the assessment. SUBJECT: HEARING to Adopt Resolution No. 2008/" accepting tabulation of mail -in ballots, considering any objections, confirming assessments, and authorizing the levy and collection of the assessment for the annexed territory of the Spanish Trails subdivision to the Hillcrest Heights Geologic Hazard Abatement District ("GHAD"), El Sobrante area. (Hillcrest Heights GHAD Funds) (District I) Project No.: 7756-6X5047 DATE: September 16, 2008 PAGE: 3 of 3 In accordance with the requirements of Article XIII (D) of the California Constitution and Public Resources Code sections 26650 et seq., the Public Works Director mailed, by first class mail, the "Notice of Adoption of Resolution" to each owner of real property (as shown on the last equalized property tax roll of the County) to be annexed to the Hillcrest Heights GHAD, as shown on the Boundary Map (Exhibit A to the Engineer's Report). The sealable Ballot and the Engineer's Report were attached to the Notice of Adoption of Resolution. CONSEQUENCES OF NEGATIVE ACTION: The Board of Supervisors required the approval of the proposed assessment as a condition of approval for annexation of the Spanish Trails subdivision into the Hillcrest Heights 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 AS THE GOVERNING BOARD OF DIRECTORS FOR THE HILLCREST HEIGHTS GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Resolution on September 16, 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: SUBJECT: RECITALS: A. RESOLUTION NO.2008/_�% Accepting tabulation of mail -in ballots, considering any objections, confirming assessment, and authorizing the levy and collection of the assessment for the annexed territory of the Spanish Trails subdivision to the Hillcrest Geologic Hazard Abatement District ("GHAD"), El Sobrante area. Heights GHAD Funds) (District I) Project No.: 7756-6X5047 On July 23, 1996, the Contra Costa County Board of Supervisors adopted Resole 96/329, approving and ordering the formation of the Hillcrest Heights Subdivis Geologic Hazard Abatement District ("Hillcrest Heights GHAD") and appointing it as the Board of Directors of the GHAD ("GHAD Board"). This formation was de; the petition dated May 8, 1996 and in the GHAD Plan of Control dated May Subsequently, the GHAD Board imposed assessments on the properties within the GHAD to fund the improvement, monitoring and maintenance of improvements described in the Plan of Control. B. On June 24, 2008, the GHAD Board accepted and reviewed the Petition for Annexation of Territory to the Hillcrest Heights Geologic Hazard Abatement District ("GHAD Petition"). In connection with the proposed annexation, the GHAD Board also accepted the Hillcrest Heights GHAD Plan of Control for Spanish Trails. C. On July 22, 2008, the GHAD Board approved the annexation and adopted the Hillcrest Heights GHAD Plan of Control for Spanish Trails, conditioned upon subsequent approval of the proposed assessment on the annexed territory. 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. D. In order to pay for the cost and expenses of maintaining and operating the improvements for the Hillcrest Heights GHAD, as described in the Hillcrest Heights GHAD Plan of Control for Spanish Trails, pursuant to Public Resources Code sections 26500 et seq., it will be necessary to provide for a reliable source of funding. SUBJECT: Accepting tabulation of mail -in ballots, considering any objections, confirming assessment, and authorizing the levy and collection of the assessment for the annexed territory of the Spanish Trails subdivision to the Hillcrest Heights Geologic Hazard Abatement District ("GHAD"), El Sobrante area. (Hillcrest Heights GHAD Funds) (District I) Project No.: 7756-6X5047 DATE: September 16, 2008 PAGE: 2 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 hereto as Exhibit 1 explains the purpose of the GHAD and provides the estimated budget, the total assessment that will be chargeable to the territory be annexed into the Hillcrest Heights GHAD, the proposed estimated assessment to be levied against each parcel within such territory, and a description of the method used in formulating the estimated assessments. G. H. On July 22, 2008, the GHAD Board adopted Resolution No. 2008/ , declaring the intention to order an assessment for the annexed territory of the Spanish Trails subdivision the Hillcrest Heights GHAD, and fixing a hearing for September 16, 2008 to consider t proposed assessment and any protests against the assessment. Resolution No. 2008/ declares the GHAD Board's intention, consistent with t requirements of Article XIII(D) of the California Constitution, to order that the costs a expenses of maintaining and operating the GHAD improvements acquired or construct pursuant to Public Resources Code section 26500 et seq. be assessed against those parcels be annexed to the Hillcrest Heights GHAD, as identified on the Boundary Map (Exhibit A the Engineer's Report), that are specially benefited by the Hillcrest Heights GHAD. 71 Resolution specified the parcels that are to be assessed. I. Resolution No. 2008/ declares the GHAD Board's 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 amount set forth in the Engineer's Report commencing the first fiscal year following issuance of a building permit for that parcel. J. Resolution No. 2008/ directs the Public Works Director to tabulate the ballots and deliver all the ballots received from record owners to the GHAD Board prior to the start of the hearing. The Resolution states that the GHAD Board shall then consider all protests against the proposed assessment and certify the tabulation of the ballots. The Resolution states that in tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation on the affected property. This Resolution states that the GHAD Board shall not impose the assessment if there is a majority protest. This Resolution states that if there is no majority protest, the GHAD Board shall authorize the assessment. SUBJECT: Accepting tabulation of mail -in ballots, considering any objections, confirming assessment, and authorizing the levy and collection of the assessment for the annexed territory of the Spanish Trails subdivision to the Hillcrest Heights Geologic Hazard Abatement District ("GHAD"), El Sobrante area. (Hillcrest Heights GHAD Funds) (District I) Project No.: 7756-6X5047 DATE: September 16, 2008 PAGE: 3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ACTING AS THE BOARD OF DIRECTORS FOR THE HILLCREST HEIGHTS GEOLOGIC HAZARD ABATEMENT DISTRICT DECLARES, RESOLVES, FINDS AND ORDERS THAT: 1. The Public Works Director provided notice of the public hearing described above in accordance with Public Resources Code sections 26651 through 26653 and Article XIII(D), Section 4 of the California Constitution. 2. A public hearing was held before the GHAD Board on September 16, 2008, at 9:30 a.m. in order to hear and consider any protests regarding the assessment. At the hearing, the Engineer of Public Works delivered to the GHAD Board all ballots received from property owners within the annexed territory of the Spanish Trails subdivision to the Hillcrest Heights GHAD. Prior to the hearing, the Public Works Director tabulated the sealed ballots and weighted them according to the proportional financial obligation on the affected property. 3. The GHAD Board accepts the tabulation of ballots from the Public Works Director, which is attached hereto as Exhibit 2, showing the benefit assessment passed unanimously. 4. Based upon the tabulation of the ballots, the GHAD Board finds that there is not a majority protest. Therefore, the GHAD Board is authorized to levy the proposed assessment pursuant to Public Resources Code section 26653 and Article XIII(D), Section 4 of the California Constitution. 5. The GHAD Board further confirms the assessment, as set forth in the Engineer's Report, and orders that the amount of the assessment against each parcel of the annexed territory within the GHAD shall be as provided in the Engineer's Report. 6. The GHAD Board further orders that the amounts set forth in the Engineer's Report (including an annual adjustment to reflect the percentage change in the Consumer Price Index over the previous twelve month period) shall be assessed against each parcel of the Spanish Trails subdivision annexed to the Hillcrest Heights GHAD the first fiscal year after issuance of a residential building permit and for subsequent fiscal years. 7. The GHAD Board further orders that the assessment shall be levied and collected in the following manner: (a) The Public Works Director shall cause to be recorded a Notice of Assessment, in substantially the form as attached hereto Exhibit 3, as provided for in Section 3114 of the California Streets and Highway Code, whereupon the assessment shall attach as a lien upon the property. (b) Thereafter, the assessment shall be payable at the same time and in the same manner as general taxes on real property within the Hillcrest Heights GHAD are payable. SUBJECT: Accepting tabulation of mail -in ballots, considering any objections, confirming assessment, and authorizing the levy and collection of the assessment for the annexed territory of the Spanish Trails subdivision to the Hillcrest Heights Geologic Hazard Abatement District ("GHAD"), El Sobrante area. (Hillcrest Heights GHAD Funds) (District I) Project No. 7756-6X5047. DATE: September 16, 2008 PAGE: 4 (c) All funds generated by the assessment, and all interest earned on the assessment, shall be segregated and deposited in a separate account for the exclusive benefit of the territory of the Spanish Trails subdivision annexed to the Hillcrest Heights GRAD, and shall not be deemed at any time to constitute funds credited to the County treasury. 8. This Resolution shall become effective immediately upon its passage and adoption. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: DAVID TWA, Clerk of the Board of Supervisors and County Administrator By , Deputy RESOLUTION No. 2008101,1' ENGINEERS REPORT for ANNEXATION OF THE SPANISH TRAILS SUBDIVISION TO THE HILLCREST HEIGHTS GEOLOGIC HAZARD ABATEMENT DISTRICT EL SOBRANTE, CONTRA COSTA COUNTY, CALIFORNIA By TERRASEARCH, ine. Project No. 6034.G3 30 July 2008 Project No. 6034.C3 Engineers Report/Spanish Trails 30 July 2008 TABLE OF CONTENTS Paze No. CERTIFICATION OF FILING........................................................................................................3 I. INTRODUCTION............................................................................................................5 H. BACKGROUND.............................................................................................................5 III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES .............................5 IV. SERVICE LEVELS.........................................................................................................6 V. DESCRIPTION OF THE GHAD IMPROVEMENTS....................................................6 VI. ASSESSMENT METHOD..............................................................................................7 VII. ASSESSMENT LIMIT -BUDGET ........:........................................................................8 EXHIBITA................................................................................................................................11 EXHIBITB....................................................................................................................................14 EXHIBITC....................................................................................................................................16 TERRASEARCH, inc Page 2 of 17 :eLi:YAi�iiY::A: ,'-•:.:.15 h%' �:._.sk:.'.L.c2^0.✓ �'�YY� •�_ :;.. Isi-.+tttiv_CftitiiZw`l+bu=ioir_L:i.::rA:H ::...Kr yu w--�--'•-.i::u'V,:.::.:.":':�iitl <-- w..✓..J.i.[Y✓✓:1.?.>'1'.'.-:..'A::1i:::':.Y :.: G'iAr'n'...;v-_ti=.ssx..ltiia.M1v.r....�.t+.tat .:.. �i.:w•fia•'rfsY.sr>YlL6Y. Project No. 6034.G3 Engineers Report/Spanish Trails 30 July 2008 ENGINEER'S REPORT ANNEXATION OF THE SPANISH TRAILS SUBDIVISION TO THE HILLCREST HEIGHTS GEOLOGIC HAZARD ABATEMENT DISTRICT (GRAD) (California Public Resources Code sections 26500 et seq.) CERTIFICATION OF FILING Terrasearch, inc. makes this engineer's report for the Spanish Trails subdivision, as directed by the Board of Supervisors, acting as the Board of Directors of the Hillcrest Heights GHAD. The GHAD is intended to provide geologic hazard improvements for the Spanish Trails subdivision and to levy and collect assessments sufficient to pay for those improvements. The improvements to the Spanish Trails subdivision that are the subject of this report are defined as any activity necessary or incidental in the prevention, mitigation, abatement, or control of a geologic hazard, construction, maintenance, repair, or operation of any improvement; or the issuance and servicing of bonds issued to finance any of the forgoing. Pub. Res. Code section 26505. This report consists of seven parts, as follows: I. INTRODUCTION H. BACKGROUND III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES IV. SERVICE LEVELS V. DESCRIPTION OF GHAD IMPROVEMENTS VI. ASSESSMENT METHOD VII. ASSESSMENT LIMIT — BUDGET PROJECTION TEMUSEARCH, ina Page 3 of 17 Project No. 6034.G3 Engineers Report/Spanish Trails 30 July 2008 The undersigned respectfully submits the enclosed Engineer's Report. Date: 7q 1 0'? By: Terrasear , inc, ,f .� f. � r GE I HEREBY CERTIFY that the enclosed Engineer's Report was filed on the day of Clerk of the Board Hillcrest Heights Geologic Hazard Abatement District El Sobrante, Contra Costa County, California I HEREBY CERTIFY that the enclosed Engineer's Report was approved and confirmed by the GHAD Board on the APPROVED day of President of the Board Hillcrest Heights Geologic Hazard Abatement District El Sobrante, Contra Costa County, California TERRASEARCH, inc Page 4 of 17 Project No. 6034.G3 Engineers ReportlSpanish Trails 30 July 2008 ENGINEER'S REPORT for ANNEXATION of the SPANISH TRAILS SUBDIVISION to the HILLCREST HEIGHTS GEOLOGIC HAZARD ABATEMENT DISTRICT for the ESTABLISHMENT OF AN ASSESSMENT LIMIT I. INTRODUCTION The Hillcrest Heights Geologic Hazard Abatement District ("GHAD or "District') was formed under the authority of the California Public Resources Code, Division 17, Section 26500 et seq. II. BACKGROUND The County of Contra Costa Board of Supervisors adopted Resolution No. 96/329 on July 23, 1996, approving the formation of the Hillcrest Heights Subdivision 7582 Geologic Hazard Abatement District ("Hillcrest Heights GHAD"). The Board of Supervisors, acting as the Board of Directors of the Hillcrest Heights GRAD, adopted Resolution No. 2008/ on , 2008, approving the annexation of the Spanish Trails subdivision to the Hillcrest Heights GHAD. Under Public Resources Code section 26581, the Board of Supervisors then adopted Resolution No. 2008/ on , 2008, approving the annexation of the Spanish Trails subdivision to the Hillcrest Heights GHAD. III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES The boundaries for the Spanish Trails subdivision are shown in the diagram attached hereto as Exhibit A. TERRASEARCH, Inc. Page 5 of 17 Project No. 6034.G3 Engineers Report/Spanish Trails 30 July 200$ IV. SERVICE LEVELS The Hillcrest Heights GHAD provides for activity that is 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. The Hillcrest Heights GHAD provides for the administration and review of facilities within budgeted limits and including the following services: 1. Oversight of GHAD activities. 2. In conjunction with the County Assessor's Office, setting the annual levy of assessments on the property tax rolls. 3. Retention of geotechnical professionals to perform the monitoring duties described in the GHAD Plan Control for Spanish Trails. 4. Performance of GHAD maintenance activities in accordance with the Hillcrest Heights GHAD Plan of Control for Spanish Trails. These maintenance activities include: • Lined surface drainage ditches. • Storni drain inlet, outfalls and pipelines within common areas. • Subdrains. • Retaining wall and appurtenant drainage facility maintenance. • Debris wall maintenance. • Erosion management. 5. Slope reconstruction 6. Preparation of annual GHAD budgets. V. DESCRIPTION OF THE GRAD IMPROVEMENTS The GHAD improvements are described in the Hillcrest Heights GHAD Plan of Control for Spanish Trails, dated 27 May 2008. In general, improvements include drainage systems TBRRASEARCH, ina Page 6 of 17 Project No. 6034.G3 Engineers Report/Spanish Trails 30 July 2008 (including concrete v -ditches in open space, open -space storm drain inlets and outlets and subdrains), debris wall, retaining walls with appurtenant drainage systems, natural slopes and reconstructed slopes and any improvements constructed by the homeowner after the builder has constructed a house on the lot, that are accepted by the GHAD. VI. ASSESSMENT METHOD The improvements referenced in Section V are distributed within the boundaries of the Spanish Trails subdivision. The District Engineer hereby finds that the properties within the Spanish Trails subdivision receive approximately equal special benefit from the work and improvements of the Hillcrest Heights GHAD. Maintenance and protection of these improvements provide a special benefit to all of the real property within the subdivision. As a result, the assessment is distributed equally among all of the properties annexed to the Hillcrest Heights GHAD. The total number of residential units within the Spanish Trails subdivision is 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 Spanish Trails subdivision. In preparation of the budget, several factors were considered including: • Site geology. • Proposed remedial grading. • Proximity of geologic hazards to proposed residences. • Site access considerations. • Elements requiring routine maintenance including: 1. Surface drainage facilities 2. Graded and natural slopes 3. Storm drain inlets, outfalls and pipelines within common areas 4. Retaining wall and appurtenant drainage facility maintenance 5. Debris wall maintenance 6. Erosion management TERRASEARCH, inc. Page 7 of 17 Project No. 6034.G3 Engineers Report/Spanish Trails 30 July 2008 VII. ASSESSMENT LIMIT - BUDGET Upon annexation of the Spanish Trails subdivision to the Hillcrest Heights GHAD, the District will be funded by property tax assessments levied upon each lot within the boundaries of the subdivision. The assessment shall be levied on each individual parcel. Grading and construction of all improvements has been completed. The first building permit was issued in July 2007. The GHAD improvements shall become eligible for transfer to the GHAD 5 years after the assessment has been confirmed. A summary budget was prepared for the purpose of estimating initial assessment levels and is attached as Exhibit B. In order to establish a reasonable reserve in the early years following formation of the GHAD, there will be an initial deferral of GHAD expenses as described in the Plan of Control. Administrative Costs The possible repair and maintenance budget costs for the Hillcrest Heights Subdivision 7582 are unique to that subdivision and were not considered in our review. However, the administrative costs for the Hillcrest Heights GHAD were considered relevant and are used for this budget. Since the Spanish Trails subdivision will be annexed into the existing Hillcrest Heights GRAD, the administration is in place and there will be some additional administration associated with the Spanish Trails subdivision. It is anticipated that the additional administration costs associated with the Spanish Trails subdivision will be lower than those currently in place for the Hillcrest Heights Subdivision 7582. We have applied an additional administrative cost of 30% more than the current yearly budget, as set forth below: General Manager County Public Works Personnel Legal & Accounting GHAD Association Membership TOTAL YEARLY ADMIMSTRATION BUDGET $5,000.00 $1,500.00 $ 500.00 7.50 (existing membership) $7,007.50 TERRASEARCH, inF Page 8 of 17 Project No. 6034.G3 Engineers Report/Spauish Trails 30 July 2008 Monitoring and Maintenance Costs Based on the frequency of monitoring outlined in the Hillcrest Heights GHAD Plan of Control for Spanish Trails, the cost for administrating, performing the monitoring and minor cleaning and/or grouting and preparation of a report for one year without any major repairs is estimated to be $8,700 per year and is itemized as follows: 1. Coordination $ 500 2. Average four site visits per year (4 visits @ 4 hrs/visit @ $160/hr) $ 2,560 3. Contractor (most likely required for small repair and cleaning items At most one time per year — estimate $ 4,000 4. Follow up observation of repair/cleaning work 1 visit @ 4 hours @ $160/hr $ 640 5. Reporting $ 1.000 TOTAL YEARLY MONITORING & MAINTENANCE BUDGET $ 8,700 Major Repairs) Costs Major repair items will include small, moderate and large scale soil slumps/slides, erosion, blockage of surface and subsurface drains, damage to surface and subsurface drains and replacement of debris fences during an unusually high rainfall period or earthquake event. The occurrence of such events is considered to be rare, and a precise estimate cannot be made at this time. The additional cost with such repairs could range from $8,000 to $100,000 depending on the magnitude of the event(s), extent of damage and access. The following estimates are based on our experience with similar size repairs that have been performed recently in the Bay Area. It may be advisable to set up an initial fund account or increase the amount of yearly funds as a contingency to cover any future eventualities. TERRASEARCH, ina Page 9 of 17 Project No. 6034.G3 Engineers Report/Spanish Trails 30 July 2008 However, for estimating purposes, it is hypothetically assumed that one small slump will occur every 5 years, a moderate slide (up to 50 feet by 30 feet in plan area) will occur every 10 years and one large scale slide (at least 100 feet by 100 feet in plan area) will occur in 50 years. Once a large scale slide is repaired the likelihood of future instabilities would decrease as a large area of the slope would have been repaired. The total estimated cost over 50 years is summarized as follows: 1. Repair of v -ditches and other drainage facilities (Once every two years) 25 events @ $ 2,000 2. Repair of Debris Fence 6 events @ $10,000 3. Small scale slumps 4. Moderate scale slides 5. Large scale slide Summary of Costs 10 events @ $ 8,000 5 events @ $40,000 1 event @ $100,000 TOTAL ESTIMATE $ 50,000 $ 60,000 $ 80,000 $ 200,000 $ 100,000 $490,000 The above cost estimates are for 2008 dollars and an appropriate inflation rate of approximately three percent (3%) should be applied. Based on 2008 dollars, the expected total cost over the next 50 years including total administrative costs plus total yearly monitoring and maintenance costs plus the total of major repairs, is estimated to be $1,275,375 (50 years x $7007.50 + 50 years x $8,700 + $490,000). The $1,275,375 cost spread over 50 years is equivalent to $25,507.50 per year for all 15 lots and equates to an assessment of $1,700.50per lot per year. Accordingly, the District Engineer recommends an annual assessment limit of $1,700.50 per residential unit to be levied upon the completion of the annexation process. This limit will escalate annually based on San Francisco -Oakland San Jose Consumer Price Index. Please note these estimated expenses are only for preparing assessment levies and may not represent actual costs of actual specific hazard occurrences or maintenance. TERRASEARCH, inc. Page 10 of 17 Project No. 6034.G3 Engineers Report/Spanish Trails 30 July 2008 EXHIBIT A GHAD Boundary Plat and Legal Description TERRASEARCH, inc. Page 11 of 17 Spanish Trail Annexation to GHAD-Geologic Hazard Abatement District SD 8687 The land referred to, is situated in the County of Contra Costa, State of California, and is described as follows: All that parcel of land described in the deed to Spanish Trail LLC, recorded November 21, 1995, document no 95-202230, Contra Costa County Official Records described as follows. Beginning at the Southwestern corner of said Spanish Trail LLC parcel said corner also being on the eastern right of way line of Valley View Road. Thence, from said point of begirming along the exterior boundary of said Spanish Trail LLC parcel as follow: South 651 43' 42"East 202.94 ft; South 33° 13' 42." East 257.14 ft; South 44° 50' 44"West 13.05 ft; South 45° 56'40" East 10094 ft; South 340 49' 15" West 67.70 ft; North 860 13' 34"East 96.74 ft; South 38° 28' 45"East 118.14 ft; South 64° 28' 45"East 15.19 ft; North 420 0P 15"East 516.12 ft; North 24° 24' 45"West 400.00 ft; South 58° 16' 18"West 502.74 ft; North 42° 59' 10"West 185.83 ft; North 60° 53' 21 "West 195.82 ft, to said Eastern right of way line of Valley View Road; thence along said right of way line of Valley View Road along a curve to the right having a center that bears South 77° 04' 57"West a distance of 565.00 ft., through a central angle of 19° 12' 58" an arc distance of 189.49 ft to the point of beginning. Containing 7.12 acres more or less. A.P.N. No 433-160-022, 030 & 059 .,..,..._ __ _.._._., -- - -_ _ : �........_....._..r..-..------------ --------------- - .. ------------ ER .---------- ER CID +�T to `oto cn w z Z C (30( UG � GGf o co QD El d�lsl93ti Z u U �Zt'9tS M«5t�t0.Zis F w 3 �Q � o.. °1 E-+ O w >n ad � (-4 Z OO' r V .N W c C-4 M W G M uM tiry (n G 0000 co W �" a CD rf) M z o II d v,h F 0 F La W z aO o .1bL •�+ � � o Z {I co P, Cl) CO C`Icq NaN00 w P1 G I \ o lI U I m ` r1i N z U N P� •O Lt7 S— ci u0 I, cm. yP� �V oaN m� v� AV, Woo � � Project No. 6034.G3 Engineers Report/Spanish Trails 30 July 2008 EXHIBIT B Summary of Budget Costs TERRASEARCH, inc. Page 14 of 17 Project No. 6034.G3 Engineers Report/Spanish Trails 30 July 2008 Assumptions EXHIBIT B ANNEXATION OF SPANISH TRAILS DEVELOPMENT TO THE HILLCREST HEIGHTS GHAD BUDGET MAX 2008 Total No. of Units Total Budget for Major Repairs over 50 Years Estimated Annual Expenses Average Yearly Budget for Repairs ($490,000/50 yrs) Yearly Estimate for Administration Yearly Estimate for Monitoring & Minor Maintenance ANNUAL ASSESSMENT PER UNIT 15 $490,000.00 $9,800.00 $7,007.50 $8,700.00 $25,507.50 $1,700.50 TERRASEARCH, inc. Page 15 of 17 Project No. 6034.G3 Engineers Report/Spanish Trails 30 July 2008 EXHIBIT C Notice of Assessment TERRASEARCH, ina Page 16 of 17 Project No. 6034.G3 Engineers RepoWspanish Trails 30 July 2008 EXHIBIT C NOTICE OF ASSESSEMENT Pursuant to the requirements of , the undersigned Clerk of the Hillcrest Heights Geologic Hazard Abatement District, State of California, hereby gives notice that a diagram and assessment were recorded in the: office of the County Recorder of Contra Costa County as provided for in said section, more particularly described on that certain assessment diagram filed in accordance with the section in Book of Maps of Assessments and Community Facilities Districts at Page in the Office of the County Recorder of Contra Costa County and relating to the following described real property: The subdivision generally known as Spanish Trails, is to be annexed into the Hillcrest Heights Geologic Hazard Abatement District. This subdivision is described Lot _ in Block_, as said lot and block are shown on the Map of Tract , El Sobrante, Contra Costa County, California, filed Contra Costa County Recorders. Notice is further given that upon the recording of this notice in the Office of the County Recorder, the several assessments assessed on the lots, pieces and parcels shown on said filed assessment diagram shall become a lien upon the lots or portions of lots assessed respectively. Reference is made to the assessment diagram and assessment roll recorded in the office of the County Recorder of Contra Costa County. Dated: ATTEST: Owner Notification: TERRASEARCH, inc. Page 17 of 17 EXHIBIT 2 Tabulation of Ballots Public Works Department 255 Glacier Drive, Martinez DATE: 52008 TO: Board of Supervisors acting as the Board of Directors, Hillcrest Heights Geologic Hazard Abatement District FROM: Julia R. Bueren, Public Works Director SUBJECT: Results of the Ballots Cast for the Proposed Assessment for the annexed territory of the Spanish Trails Development to the Hillcrest Heights Geologic Hazard Abatement District I, Julia R. Bueren, Public Works Director for the County of Contra Costa, State of California, having canvassed the return of all votes cast for the proposed assessment for the annexed territory of the Spanish Trails Development to the Hillcrest Heights Geologic Hazard Abatement District held do hereby certify the following to be a full, true, and correct Statement of Results of all votes cast on the following measure: Annual Assessment for the annexed territory of the Spanish Trails Development to the Hillcrest Heights Geologic Hazard Abatement District Yes No I further certify that the total number of ballots cast in the proposed intention to order an assessment for the annexed territory of the Spanish Trails Development to the Hillcrest Heights Geologic Hazard Abatement District at said election was and attached hereto are the total ballots received for and against annexation and assessment. EXHIBIT 3 Notice of Assessment PPWmq Contra Costa County APublic Works Department LETTER OF TRANSMITTAL DATE: August 18, 2008 TO: Jane Pennington Clerk of the Board of Supervisor 651 Pine Street, 1St Floor, Room 107 Martinez, CA 94553 SUBJECT: Petition for the Spanish Trails Development to annex in to the Hillcrest Heights CHAD, Public Notice and proposed Plan of Control and Engineers Report WE ARE SENDING YOU: 0 Attached, ❑ Under Separate Cover, the following items: Copies Description 1 Public Notice and proposed Plan of Control and Engineers Report THESE ARE TRANSMITTED as checked below: ❑ For approval ® For your use ❑ As requested ❑ For review ❑Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ copies retained for our files ❑ Reviewed - no additional comments ❑ Reviewed - see additional comments ❑ Return corrected prints ❑ Sign and return originals MESSAGE: Jane, Please find enclosed a copy of the Notice of Public Hearing for the Petition for the Sea Breeze II development to annex in to the California Tradewinds GHAD (consent item on August 19, 2008). Attached to this Notice is a copy of the proposed Plan of Control and the Engineers Report. The notice states that these documents will be available for review at the Clerk of the Board and at Public Works until the Hearing date of September 16, 2008. Please let me know if you have any questions. I will also ask our student worker to pick up the technical documents for the Spanish Trails annexation on September 16, 2008 as the final hearing on this annexation and assessmen to the Hillcrest Heights GHAD will be completed by then. Hillary Heard Engineering Services -Special Districts (925)313-2022 255 Glacier Drive Martinez, CA 94553-4825 TEL: (925) 313-2000 • FAX: (925) 313-2333 www.cccpublicworks.org NOTICE OF PUBLIC HEARING REGARDING PETITION BY DENOVA HOMES, INC. FOR ANNEXATION OF TERRITORY TO THE CALIFORNIA TRADEWINDS GEOLOGIC HAZARD ABATEMENT DISTRICT AND FOR APPROVAL OF THE PROPOSED FIRST AMENDMENT TO CALIFORNIA TRADEWINDS GHAD PLAN OF CONTROL YOU ARE HEREBY NOTIFIED THAT on September 16, 2008 at 9:30 a.m. in the Board of Supervisors' Chambers located at 651 Pine Street, Martinez, California, the Contra Costa County Board of Supervisors, acting as the Board of Directors for the California Tradewinds Geologic Hazard Abatement District ("GHAD"), will hold a public hearing on the Petition for Annexation of Territory to the California Tradewinds GHAD by DeNova Homes, Inc. pursuant to Division 17 (commencing with Section 26500) of the California Public Resources Code. The purpose of the hearing will be for the GHAD Board to receive and consider all objections to the proposed annexation and proposed First Amendment to California Tradewinds GHAD Plan of Control which will become the First Amendment to the existing California Tradewinds GHAD Plan of Control if the annexation is approved, and to make a determination on whether to approve the annexation and the proposed First Amendment to California Tradewinds GHAD Plan of Control. The proposed annexation will not change or otherwise affect the assessment for the properties within the existing boundaries of the California Tradewinds GHAD. Copies of the Petition for Annexation, and the Board Order and Resolution related to the setting of the hearing are enclosed for your review. Copies of the proposed First Amendment to California Tradewinds GHAD Plan of Control are available for review and copying, at a cost not to exceed the cost of duplication, at the following locations: Contra Costa County, Clerk of the Board, Room 106, 651 Pine Street, Martinez, California; ENGEO Incorporated, 2010 Crow Canyon Place, Suite 250, San Ramon, California; and Contra Costa County Public Works Department, 255 Glacier Drive, Martinez, California. Objections to the proposed annexation or to the proposed First Amendment to California Tradewinds GHAD Plan of Control may be made by any owner of real property proposed to be annexed into the California Tradewinds GHAD, or by any owner of real property within the existing California Tradewinds GHAD boundaries. In order to be considered, objections must be in writing, containing a description of the owner's land by lot, tract and map number; contain the signature of the owner; and be mailed or otherwise delivered to the address set forth below prior to the time set for the hearing. Objections not received by the close of business on September 8, 2008, should be presented at the hearing. If the person whose signature appears on the written objection is not shown on the assessment roll last equalized by the county as the owner of the subject real property, the written objection must be accompanied by evidence sufficient to indicate that such person is the owner of such property. Contact for information or written objections: Hillary Heard, Contra Costa County Public Works Department, Special Districts, 255 Glacier Drive, Martinez, California. (925) 313-2022 FIRST AMENDMENT TO CALIFORNIA TRADEWINDS GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD) PLAN OF CONTROL PREPARED BY ENGEOINCORPORATED PROJECT NO. 7529.100.101 DECEMBER 7, 2007 REVISED AUGUST 8, 2008 COPYRIGHT © 2008 BY ENGEO INCORPORATED. THIS DOCUMENT MAY NOT BE REPRODUCED IN WHOLE OR IN PART BY ANY MEANS WHATSOEVER, NOR MAY IT BE QUOTED OR EXCERPTED WITHOUT THE EXPRESS WRITTEN CONSENT OF ENGEO INCORPORATED. GEOTECHNICAL ENVIRONMENTAL ENGEO WATER RESOURCES I N C O R P O R A T E D CONSTRUCTION SERVICES Project No. 7529.100.101 December 7, 2007 Revised August 8, 2008 Mr. Jeremy Shoenig DeNova Homes, Inc. 333 Civic Drive Pleasant Hill, CA 94523 Subject: Sea Breeze II Bay Point, California FIRST AMENDMENT TO CALIFORNIA TRADEWINDS GHAD PLAN OF CONTROL Dear Mr. Shoenig: Attached is the First Amendment to California Tradewinds Geologic Hazard Abatement District (GHAD) Plan of Control. The proposed documents are intended to reflect the annexation of Sea Breeze II project (Subdivision 8830) into the California Tradewinds GHAD. This annexation satisfies portions of the project Condition of Approval Numbers 69 through 73 related to GHAD formation. If you have any questions or would like any additional information, please do not hesitate to contact us. Very truly yd1irs, ENG O Inc rp r S�\G �14ALR�� �o�� No. 2189 Exp. 8/31/2009 t CERTIFIED Eric Harrell, CEs� ENGINEERING NGINEE IN �Q 1 u, G GEOLOST cc: 8 — Hillary He osta County, Public Works Department 2010 Crow Canyon Place • Suite 250 • San Ramon, CA 94583-4634 • (925) 866-9000 • Fax (888) 279-2698 www.engeo.com TABLE OF CONTENTS Letter of Transmittal ENGEO INCORPORATED Page I. INTRODUCTION...................................................................................................................1 PropertyIdentification.............................................................................................................. l II. SEA BREEZE II PLAN OF CONTROL..............................................................................2 1. Authority and Background................................................................................................. 2 a. Authority.................................................................................................................... 2 b. Background................................................................................................................ 3 c. Existing Site Conditions............................................................................................3 d. Proposed Development.............................................................................................. 4 2. Regional Geology and Geologic Maps..............................................................................4 a. Site Geology...............................................................................................................5 b. Geologic Units........................................................................................................... 5 c. Groundwater..............................................................................................................6 3. Seismic Sources..................................................................................................................6 4. Geologic Hazards............................................................................................................... 7 a. Slope Instability — Sea Breeze II................................................................................ 7 b. Seismically Induced Ground Shaking........................................................................8 c. Expansive Soils.......................................................................................................... 9 5. Slope Stability Considerations During Mass Grading.......................................................9 6. GHAD-Maintained Improvements and Open Space Areas .............................................10 a. General Landslide Mitigation..................................................................................11 7. Criteria for GHAD Responsibility...................................................................................12 a. Isolated or Remote Slope Instability........................................................................13 b. Single Property.........................................................................................................13 c. Geologic Hazards Resulting From Negligence of Property Owner ......................... 13 d. Property Not Accepted.............................................................................................13 e. Geologic Hazard Which Requires Expenditure in Amount Exceeding the Value of the Threatened or Damaged Improvement..........................................................14 f. GHAD Funding or Reimbursement for Damaged or Destroyed Structures or SiteImprovements....................................................................................................14 g. No Reimbursement of Expenses Incurred by Property Owners..............................15 8. Biotechnical Recommendations for Prevention and Mitigation of Existing or Potential Erosion Hazards................................................................................................15 7529.100.101 December 7, 2007 Revised August 8, 2008 EIVGEO INCORPORATED TABLE OF CONTENTS (Continued) 9. Priority for District Funded Repairs.................................................................................16 10. Maintenance and Monitoring Schedule............................................................................16 LIST OF REFERENCES FIGURE 1— Site Plan EXHIBIT A — Legal Description Sea Breeze II Subdivision EXHIBIT B — Boundary of the Sea Breeze II Portion of the California Tradewinds GHAD EXHIBIT C — Sea Breeze II, Funding and Acceptance Funding and Acceptance of Responsibility by the District 1. Activation of Assessment 2. Initial Developer Contributions 3. Ownership of the Open Space 4. Responsibilities for GHAD Activities 5. Process for Transferring Responsibility for GHAD Activities EXHIBIT D — California Tradewinds GHAD, Right -of -Entry 7529.100.101 December 7, 2007 Revised August 8, 2008 EA GEO INCORPORATED I. INTRODUCTION Under the Conditions of Approval for the Sea Breeze II project (Subdivision 8830), Contra Costa County has required that the Sea Breeze II development be included within a GHAD prior to the issuance of the first building permit for the project. To satisfy this requirement, the developer of the Sea Breeze II subdivision has elected to petition the Board of Directors of the California Tradewinds GHAD to annex the Sea Breeze II subdivision into the existing California Tradewinds GHAD ("GHAD" or "District"). Property Identification A written description of the properties to be annexed into the existing California Tradewinds GHAD is provided in Exhibit A and shown graphically on Exhibit B. The GHAD annexation area includes Assessor's Parcel Number 098-210-030. 7529.100.101 December 7, 2007 Revised August 8, 2008 1 EMGEO INCORPORATED II. SEA BREEZE II PLAN OF CONTROL 1. Authority and Background a. Authority 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" or "District") under authority of the California Public Resources Code (Division 17, commencing with Section 26500). Included within the District were 46 single-family residences and adjacent open spaces within the California Tradewinds development (Subdivision 7838). Pursuant to the Resolution, the Contra Costa County Board of Supervisors members act as the Board of Directors of the California Tradewinds GHAD. Section 26553 of the Public Resources Code requires a Plan of Control, prepared by a State Certified Engineering Geologist, as a prerequisite to formation of a GHAD. Section 26581 of the Public Resources Code makes this requirement applicable to annexations. An Engineering Geologist, certified pursuant to Section 7822 of the Business and Professions Code, prepared the original Plan of Control for the California Tradewinds GHAD. The Business and Professions Code requires a Plan of Control to describe in detail geologic hazards, their location, the area affected by them, and most significantly, a plan for the prevention, mitigation, abatement, or control thereof. In accordance with the requirements of the Public Resources Code, this proposed First Amendment to the original California Tradewinds GHAD Plan of Control has been prepared to accompany the petition to annex the Sea Breeze Il subdivision into the California Tradewinds GHAD. 7529.100.101 December 7, 2007 Revised August 8, 2008 2 E/YGEO INCORPORATED b. Background A landslide occurred within the adjacent Sea Breeze development in 1996. Studies of this landslide indicated that a tuff bed was involved with the slope failure. The potential influence of this tuff bed on slope stability has been the focus of a number of studies on the Sea Breeze II site. This tuff bed of interest has been identified in exploratory borings at a depth of 80 feet beneath the Sea Breeze II site. The influence of this bed on slope stability was addressed in three PRA reports dated June 24, September 23, and October 13, 2005. Slope stability analysis was performed on the most critical slope at the project in the area of Lot 16. A factor of safety in excess of 1.9 was reported for this analysis. The conclusion of these reports and the peer review letters completed by Hultgren-Tillis Engineers indicate that there is an adequate factor of safety for the Sea Breeze II site for the sections analyzed. Stevens, Ferrone and Bailey (SFB) performed additional slope stability analysis in their Comprehensive Geotechnical Investigation report dated March 16, 2007. As part of their analysis, they describe completing several cross-sections for slope stability analysis and to determine if tuff beds may potentially daylight on the any of the planned cut slopes. According to the SFB report, there is a slight potential that a tuff bed could daylight on a planned cut slope south of Lot No. 1. In the opinion of SFB, adverse bedding including the potential exposure of tuffaceous material, can be mitigated by rebuilding cut slopes as engineered fill slope as needed based on geologic observation during site grading. c. Existing Site Conditions The Sea Breeze II site is a rectangular -shaped 5.4 -acre parcel located in Bay Point, California. Within the parcel's boundary limit, existing elevations range from a low of about 155 feet above mean sea level (msl) at the northeastern corner of the property, to a high of about 268 feet above msl at the southwestern edge of the site. As reported. in the geotechnical report, a single-family residence was previously located on the subject parcel. In 1990, engineered fill, up to depth of 7529.100.101 December 7, 2007 Revised August 8, 2008 3 EA GEO INCORPORATED about 16 feet, was placed on the subject site from the adjacent Sea Breeze development. Currently the site is undeveloped open space. Existing single-family residential developments are located west, east and south of the subject property. Undeveloped open space areas are located north of the subject property. An existing Calpine gas pipeline, within a 25 -foot wide easement, is located along the southern edge of the property. d. Proposed Development The mass grading plans prepared by Meridian Associates show grading for 17 single-family residential units. In addition, Savona Way and Savona Court will be constructed to access the residential lots. As shown on the referenced grading, plan, proposed grading on the site will result in cuts up to 23 feet and fill thickness of up to 22 feet. A retaining wall is shown along the southern side of Savona Way, within a common area and part of the GHAD responsibilities, with an exposed height of up to 5 feet. Drainage benches with bioswales are planned for the engineered fill slopes in the central and eastern portions of the site. The engineered fill slopes will be supported with subdrained keyways. A Focused Geotechnical Study Update of the Revised Grading Plan for the Proposed Single Family Residential Development at Sea Breeze II was completed by Purcell, Rhodes and Associates (PRA) and dated March 13, 2006. Stevens, Ferrone and Bailey (SFB) completed a Geotechnical Investigation of the Sea Breeze II Development in their report dated March 16, 2007. The District, as further discussed in Section 2 below, will have completed final grading work at the site prior to acceptance of the property. 2. Regional Geoloav and Geologic Maus The site is located within the Coast Ranges geologic province of California, a series of northwest -trending ridges and valleys. Regional geologic maps were reviewed as part of the Purcell, Rhodes and Associates Geotechnical Investigations of the Sea Breeze II site. Along with others, regional geologic maps of the area have been prepared recently by Graymer (1994). The regional mapping prepared by Graymer indicates that the site is underlain Tulare formation 7529.100.101 December 7, 2007 Revised August 8, 2008 4 ENGEO INCORPORATED of Pliocene age. The Tulare formation is described as a poorly consolidated non -marine siltstone, sandstone, conglomerate and tuff. Regional mapping shows that bedrock units are trending in a general northwest -southeast direction and dipping to the north at between 14 to 24 degrees in the area of the site. The site is not located within a State of California Earthquake Fault Zone for active faults (CDMG, 1982). The nearest mapped active fault is the Greenville fault located approximately 3.7 miles southwest of the site. Purcell Rhodes and Associates state that they did not find evidence of active or potentially active faults on the site. a. Site Geology The geologic units mapped on the site include bedrock and surficial deposits consisting of artificial fill and colluvium. The geologic units described below are adapted from reports completed by PRA for the site in 2003, 2004 and 2005. In general, alluvial deposits are located on the lower -lying areas in the central and northern portions of the site. Artificial fill has been placed in some of these lower alluvial -filled swales. Thicker deposits of colluvium are located in swale areas where it has not been disturbed by previous grading or quarrying activities. On the higher portions of the site, the colluvium tends to be a thinner mantle on the bedrock materials. b. Geologic Units Artificial Fill. Artificial fill encountered on the site is identified as material imported from grading for the Sea Breeze development. The engineered fill materials are mapped on the central and eastern portions of the property. The fill materials were described as sandy clay with sandstone fragments. 7529.100.101 December 7, 2007 Revised August 8, 2008 5 EIVGEO INCORPORATED Colluvium. Mantling the bedrock and filling swales at the on the site are colluvial deposits. These sediments are derived from weathering of the underlying bedrock and consist mostly of a silty clay matrix with sand and rock fragments. This material generally is moderately expansive and has low strength. Where colluvium is located on sloping ground, it may be characteristically unstable. Bedrock. Bedrock at the site was identified during subsurface explorations by PRA as claystone, siltstone, sandstone, conglomerate and tuff. The bedrock was described from samples recovered from the exploratory borings and observations of the exploratory test pit logs as highly weathered and friable to moderately strong. In general, bedding was described as trending to the northwest and dipping to the north. c. Groundwater At the time of subsurface work, free groundwater was not encountered near the surface in a number of exploratory borings and test pits. Fluctuations in groundwater levels may occur seasonally and over a period of years because of precipitation, changes in drainage patterns, irrigation and other factors. Future irrigation may cause an overall rise in groundwater levels. 3. Seismic Sources The nearest State of California -zoned, active' fault is the Greenville fault located about 3.7 miles southwest of the site. In addition, the Concord -Green Valley fault is located approximately 4.5 miles west of the site and the Calaveras fault is located approximately 11.9 miles south of the Sea Breeze II site. While the probability of ground rupture is considered low, as described in the PRA report, there is a high probability that the site and any improvements will be subject to 1 An active fault is defined by the State Mining and Geology Board as one that has had surface displacement within Holocene time (about the last 10,000 years) (Hart, 1994). The State of California has prepared maps designating zones for special studies that contain these active earthquake faults. 7529.100.101 December 7, 2007 Revised August 8, 2008 6 EAIGEO INCORPORATED strong ground shaking during the lifetime of the project. Purcell, Rhodes and Associates state that they did not find evidence of active or potentially active faults on the site. 4. Geologic Hazards Geologic hazards identified for the Sea Breeze II site in the Purcell, Rhodes and Associates (PRA) and Stevens, Ferrone and Bailey (SFB) reports, include: • Slope instability. • Seismically induced ground shaking. • Expansive soils. These geologic hazards are not expected to be eliminated entirely by site grading. Slope instability or potential slope instability is not unique to this project, but is of importance for hillside projects throughout the San Francisco Bay Area such as California Tradewinds. Future stability depends on various factors, including any introduction of natural or artificial groundwater, future grading and earthquake ground shaking. a. Slope Instability— Sea Breeze II During mapping for the Design -Level Geotechnical Investigations, no landslides were identified within or immediately adjacent to the proposed development; however, landslides have been mapped in the area of the site (Nilsen, 1975) and have occurred on the adjacent Sea Breeze development site and may occur during the life of the development. While we anticipate that most of the landsliding that may occur would involve the movement of shallow materials, the possibility of deeper future landsliding exists. Since earth stability is the District's prime geotechnical concern, this section describes several types of slope instability that the District will have the authority to monitor, abate, mitigate or control as discussed further in Section 4 below. 7529.100.101 December 7, 2007 Revised August 8, 2008 7 EAIGEO INCORPORATED A landslide is defined as a mass of rock, soil and other debris that has been displaced downslope by sliding, flowing or falling. Landslides include cohesive block glides and disrupted slumps that have formed by displacement along a planar slip surface or rotation (displacement along a curved slip surface). Undercutting and erosion of hillside slopes trigger many slope failures. Slope failures are also often triggered by increased pore water pressure due to the infiltration of rainwater. The resulting decrease of shear resistance (internal resistance to deformation by shearing) can cause the slope to move. The level of the groundwater table varies with the amount of rainfall for the area. If rainfall is higher than average during the winter season, the water table may be higher than average on a hillslope and groundwater pressures may become dangerously high. Under these conditions, hillside movement can be activated. Areas of thickened soil cover on the hillslopes are known as colluvium (Qc). Colluvial deposits are typically the result of soil creep and may be in a weak, unconsolidated state, making them susceptible to landsliding if undercut. Colluvium is up to ten to fifteen feet in thickness. Landslides and colluvial deposits located within open space areas are natural landforms that do not require mitigation except where they affect man-made improvements. Potential mitigation and repair measures for District areas near improvements are discussed in Section 3b. b. Seismically Induced Ground Shaking As identified in the geotechnical report, an earthquake of moderate to high magnitude generated within the San Francisco Bay Region could cause considerable ground shaking at the site, similar to that which has occurred in the past. It appears that seismic slope stability has been considered in the Purcell Rhodes and Associates reports; however, seismically generated slope failures could occur in open -space areas outside the development limits. 7529.100.101 December 7, 2007 Revised August 8, 2008 8 EIVGEO INCORPORATED c. Expansive Soils Near -surface colluvium and alluvium at the site could exhibit high potential for expansion. These potentially expansive soils could impact the planned site development. Expansive soils shrink and swell as a result of moisture changes. This can cause heaving and cracking of slabs -on -grade, pavements and structures founded on shallow foundations. The potential for expansive soils has been identified in previous reports for the property. Shrink and swell of expansive soils on slopes is a portion of the mechanism of creep movement which can result in shallow slope instability. 5. Slope Stability Considerations During Mass Grading As recommended in the Geotechnical Exploration reports completed by Purcell Rhodes and Associates (PRA) for the Sea Breeze I1 development, existing artificial fills within the graded area will be removed only as required to construct additional keyways for the planned engineered fill placement. Stevens, Ferrone and Bailey (SFB) recommended that they review construction documentation for the existing fill before allowing it to remain in place. In graded areas, the unsuitable materials including colluvium will be overexcavated to firm undisturbed materials below the unsuitable material as determined by the project Geotechnical Engineer or Engineering Geologist (SFB) at the time of grading. Subdrains will be installed to collect the subsurface waters. The configuration of each subdrainage system will be tailored to the individual area at the time of grading. The Geotechnical Engineer and/or the Engineering Geologist will determine the location and depths of subdrains at that time. The location and elevation of subdrains and outlets will be surveyed during construction. Each subexcavation will then be reconstructed to final grade by keying and benching below the landslide plane with compacted, drained engineered fill. The cuts will be viewed by the SFB Geologist during grading to provide mitigation schemes for unsuspected slope conditions which could decrease the slope stability. Such conditions include unfavorable bedrock attitudes and seepage conditions. Based on measurements taken during subsurface exploration, SFB anticipates the orientation of bedding may be locally adverse to 7529.100.101 December 7, 2007 Revised August 8, 2008 9 EIVGEO INCORPORATED proposed cut slopes, retaining wall cuts and utility trenches. It is our understanding that SFB will be evaluating these conditions during the grading operations at Sea Breeze II and that, as needed, cut slopes will be overcut and buttressed with drained engineered fills based on the recommendations of SFB personnel. As recommended in the peer review letters, SFB will provide an as -built plan of the geology, buttressed slopes and associated subdrain systems following completion of the project grading. This plan must be made available to the GHAD for its use. 6. GRAD -Maintained Improvements and Open Space Areas The District will have authority to manage erosion and geologic hazards within the open space areas within the boundary shown in Exhibit B. The governing documents of the Sea Breeze II HOA are to include provisions requiring an easement be granted to the California Tradewinds GHAD for access, inspection, maintenance and repair of GHAD improvements in a form acceptable to the California Tradewinds GHAD Board of Directors. Covenants, Conditions and Restrictions (CC&Rs) and disclosure documents for the Sea Breeze II Homeowners' Association (HOA) should include provisions such as allowing access to private property to allow for monitoring and mitigation activities of the GHAD in a form substantially similar to Exhibit D. At the discretion of the GHAD general manager, the GHAD may monitor and provide general maintenance for the following site improvements located within the Sea Breeze II Homeowner Association owned parcels. • Slopes • Retaining walls • Subdrains and subdrain outlets • Bioswales and associated benches As provided in Condition of Approval No. 70, the maintenance of streets, street lights, landscaping, storm drains and stormwater quality infrastructure shall remain the responsibility of the HOA or its designee other than Contra Costa County. 7529.100.101 December 7, 2007 Revised August 8, 2008 10 EMGEO INCORPORATED At the discretion of the GHAD general manager, the GHAD may undertake steps to prevent, mitigate, abate, and control landslide and erosion hazards and control vegetation within the subdivision open space and hillsides, as provided in Section 3. At the discretion of the GHAD general manager, the GHAD may undertake general maintenance of the surface drainage improvements in the open space and on the hillsides, such as the bioswales, as well as storm drain inlets and outlets in open space. The GHAD general manager may also authorize activities designed to prevent, mitigate, abate or control potential geologic hazards such as landslides and slope erosion within the open space, including the unimproved hillsides. Clearing of fire breaks and maintenance of the open space (other than hazard abatement) will be the responsibility of the HOA. Factors that the GHAD general manager may consider in not approving such repairs or maintenance activities include but are not limited to, funding limitations, project priorities and weather related risks. a. General Landslide Mitigation The techniques the District may employ to prevent, mitigate or abate landsliding or adverse erosion damage might include, but are not necessarily limited to: • Removal of the unstable earth mass. • Stabilization (either partial or total) of the landslide by removal and replacement with compacted drained fill. 7529.100.101 December 7, 2007 Revised August 8, 2008 11 ENGEO INCORPORATED • Construction of structures to retain or divert landslide material or sediment. • Construction of erosion control devices such as gabions, rip rap, geotextiles or lined ditches. • Placement of drained engineered buttress fill. • Placement of subsurface drainage devices (e.g. underdrains, or horizontal drilled drains). • Slope correction (e.g. gradient change, biotechnical stabilization, and slope trimming or contouring). • Construction of additional surface ditches and/or detention basins, silt fences, sediment traps, or backfill or erosion channels. • Removal of debris and repair of cracks in lined surface drainage ditches and drainage terraces. Potential landslide and erosion hazards can often best be mitigated by controlling soil saturation and water runoff and by maintaining the surface and subsurface drainage system including lined surface drainage ditches and drainage terraces. 7. Criteria for GHAD Responsibili!y To establish an appropriate GHAD assessment level for the Sea Breeze II portion of the California Tradewinds GRAD, it is important to define clearly the limits of the GHAD's potential responsibilities. At the discretion of the GHAD general manager, the GHAD may accept responsibility for the repair of properly permitted and maintained improvements or structures on individual lots listed in Exhibit C that are damaged by landsliding and erosion; however, the intent of this First Amendment to the California Tradewinds GHAD Plan of Control is not to extend the GHAD's responsibilities to every potential situation of slope instability; as such, the following are exclusions from any potential GHAD responsibility. 7529.100.101 December 7, 2007 Revised August 8, 2008 12 ENGEO INCORPORATED a. Isolated or Remote Slone Instabili The GHAD shall not have responsibility to monitor, abate, mitigate or control slope instability that does not involve damage to, or pose a significant threat to damage, site improvements or flood control capacity. As used herein, the term "site improvements" means buildings, roads, sidewalks, utilities, improved trails, swimming pools., geologic stabilization features, or similar improvements. b. Single Property The GHAD will not prevent, mitigate, abate or control geologic hazards or damage which are limited in area to a single parcel of property unless the geologic hazard has damaged, or poses a significant threat of damage to site improvements located on other property within the GHAD boundaries. c. Geologic Hazards Resulting From Negligence of Property Owner The CHAD may, in the general manager's sole discretion, decline to prevent, mitigate, abate or control geologic hazards or damage which occurred or resulted from any negligence of the homeowner and/or the homeowner's contractors, agents or employees in developing, investigating, grading, constructing, maintaining or performing or not performing any post -development work on the subject property so long as the geologic hazard is limited to a single lot, pursuant to Exclusion b. d. Property Not Accepted The GHAD shall not have responsibility to prevent, mitigate, abate or control geologic hazards or repair damage, which is situated on a parcel of real property, which the GHAD has not 7529.100.101 December 7, 2007 Revised August 8, 2008 13 EIVGEO INCORPORATED accepted in accordance with Exhibit C. The GRAD, however, may monitor, abate, mitigate or control slope instability on a parcel of real property which the GHAD has not accepted in accordance with Exhibit C, to the extent, in the GHAD general manager's discretion such actions are necessary to address damage or a significant threat to damage to site improvements on a GHAD accepted parcel. e. Geologic Hazard Which Requires Expenditure in Amount Exceeding the Value of the Threatened or Damaged Improvement The GHAD may elect not to 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 will exceed the value of the structure(s) and site improvement(s) threatened with damage or loss. f. GHAD Funding or Reimbursement for Damaged or Destroyed Structures or Site Improvements In the event a residence or any other private structure, site improvement or landscape feature is damaged or destroyed as a result of a geologic hazard, the District may fund or reimburse the property owner for the expenses necessary to repair or replace the damaged or destroyed structure, site improvement or landscaping. Unless otherwise authorized by the Board of Directors, the total dollar amount of the District funding or reimbursement paid to all property owners whose property is damaged by the geologic hazard may not exceed ten percent (10%) of the total costs incurred by the District in actually mitigating, abating or controlling the geologic hazard that causes the damage2. In the event the geologic hazard damaged or destroyed a structure, site improvement or landscaping which violated any provisions of the City Building Code or City Code at the time of its installation or improvement, the District may decline to Z For example, if a landslide causes $10,000 in structural damage to each one of four neighboring homes for a total of $40,000 in structural damage and it costs the District $100,000 to design and install a new retaining wall to abate the slide, the District may only reimburse each property owner $2,500 of their $10,000 in structural damage. 7529.100.101 December 7, 2007 Revised August 8, 2008 14 EA GEO INCORPORATED provide any funding, or reimbursement to the property owner for repair or replacement of the damaged structure, improvement or landscaping. g. No Reimbursement of Expenses Incurred by Property Owners The GHAD will not be obligated to reimburse a property owner for expenses incurred for the prevention, mitigation, abatement, or control of a geologic hazard absent a written agreement between the property owner and the GHAD to that effect, which agreement has been executed prior to the property owner incurring said expenses, and following an investigation conducted by the GRAD. 8. Biotechnical Recommendations for Prevention and Mitigation of Existing or Potential Erosion Hazards Fill slopes within the boundaries of the District are expected to be erodible as will cut slopes in bedrock; therefore, the maintenance of vegetative cover is especially important. Vegetation provides a protective role on soil and exposed rock. It absorbs the impact of raindrops, reduces the velocity of runoff and retards erosion. In many instances, adequate erosion protection for slopes can be accomplished with carefully selected and placed biological elements (plants) without the use of structures (e.g. brush layering and willow waddling). In other areas, biotechnical slope protection may involve the use of mechanical elements or structures in combination with biological elements to provide erosion control and help prevent small-scale slope failures. Locally, walls, welded -wire walls, gabion walls, rock walls, riprap and reinforced earth walls used in combination with carefully selected and planted vegetation can provide high quality slope protection. The vegetation may be planted on the slope above a low retaining structure or toe wall, or the interstices of the structure can be planted. 7529.100.101 December 7, 2007 Revised August 8, 2008 15 EA GEO INCORPORATED 9. Priority for District Funded Repairs Emergency response and scheduled repair expenditures are to be prioritized by the General Manager, utilizing its discretion, based upon available funds, a prudent reserve and the approved operating budget. Should available funds not be sufficient to undertake all of the identified remedial and preventive stabilization measures, the expenditures shall be prioritized as follows in descending order of priority: A. The 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. B. The prevention, mitigation, abatement or control of geologic hazards that have either damaged or pose a significant threat of damage to private recreation facilities (e.g. pools, spas, etc.). C. The prevention, mitigation, abatement or control of geologic hazards that have either damaged or pose a significant threat of damage limited to loss of landscaping or other similar non-essential amenities. D. The prevention, mitigation, abatement or control of geologic hazards existing entirely on open -space property and which have neither damaged nor pose a significant threat of damage to any site improvements. 10. Maintenance and Monitoring Schedule It is recommended that geologic features and District -maintained facilities be inspected on a regular basis. Budget permitting, inspections should generally be scheduled to occur two times per year in normal years and three or more times per year in years of heavy rainfall. The inspections should be scheduled to take place in October, prior to the first significant rainfall; mid -winter as necessary during heavy rainfall years; and in early April at the end of the rainy season. The frequency of the inspections should be- increased in years of higher than average 7529.100.101 December 7, 2007 Revised August 8, 2008 16 EIVGEO INCORPORATED rainfall intensity and/or recurrence. It is anticipated that the monitoring events for the Sea Breeze II portion of the California Tradewinds GHAD would be completed on the similar schedule. • A District Engineer and/or Geologist should inspect the lined surface of bioswales within the District boundaries on a regular schedule. If possible, inspections should be scheduled twice each year, budget permitting. One inspection should be in the fall prior to the onset of winter rains. The inspector should check for sedimentation in or movement of the bioswales. Repairs and maintenance should be performed on a regular schedule. Excess silt or sediment in the swales should be removed before the beginning of the next rainy season. • Subsurface drain outlets and horizontal drilled drain outlets, if any, should be inspected on a regular schedule. Water flowing from these outlets should be measured and recorded during each inspection. If possible, inspections should be scheduled twice each year, preferably in the fall and spring. Any suspicious interruption in flow should signal a need to unplug or clean by flushing the affected drain. The District should review and adjust its inspection schedule annually and assess the effectiveness of its preventive maintenance program on a regular basis. District staff should prepare an annual report to the Board of Directors with recommendations for maintenance and/or repair projects. Consultants, if necessary, may be retained to undertake the needed studies. The District Engineer and/or Engineering Geologist retained by the District shall prepare an annual inspection report for presentation to the District Board of Directors. 7529.100.101 December 7, 2007 Revised August 8, 2008 17 E/YGEO INCORPORATED REFERENCES Bellecci and Associates, Inc., Preliminary and Final Development Plan, Preliminary Grading Plan, Vesting Tentative Map, Sea Breeze II, Subdivision 8830, Contra Costa County, California, dated June 8, 2004, latest revision December 20, 2005. Contra Costa County Community Development Department, Conditions of Approval for Vesting Tentative Map, SD048830 and Final Development Plan, DP043031 as Approved at the July 10, 2006 East County Planning Commission Meeting. Graymer, R.W., Jones D.L., and Brabb E.E., Preliminary Geologic Map Emphasizing Bedrock Formation in Contra Costa County, California, 1994. Meridian Associates, Inc., Improvement Plans for Sea Breeze II, Subdivision 8830, Contra Costa County, California; 13 Sheets, dated March 2007. Nielsen, T.H., Preliminary Photointerpretation Map of Landslide and Other Surficial Deposits of Part of the Honker Bay 7-1/2' Quadrangle, Contra Costa County, California: United States Geological Survey, Open File Map 75-277-20. Hultgren-Tillis Engineers, Geotechnical/Geologic Peer Review, Sea Breeze II Subdivision, Project No. 189.12, dated November 19, 2005. Hultgren-Tillis Engineers, Initial Peer Review, Sea Breeze II Subdivision, Project No. 189.12, dated November 18, 2004. Purcell, Rhoades and Associates, Inc., Geotechnical Issues Regarding the Calpine Gas Line, Proposed Single Family Residential Development, Subdivision 8830, Savona Way — Off Rapallo Way, Bay Point, Contra Costa County, California, No. 04-211/7092-03, dated March 22, 2006. Purcell, Rhoades and Associates, Inc., Focused Geotechnical Study Update — Revised Grading Plan, Proposed Single Family Residential Development, Savona Way — Off Rapallo Way, Subdivision 8830, Bay Point, California,, Contra Costa County, California, No. 04-211/7092-03, dated February 17, 2006 and revised March 13, 2006. Purcell, Rhoades and Associates, Inc., Supplemental Slope Stability Analysis, Proposed Single Family Residential Development, Subdivision 7556, Bay Point, California, Contra Costa County, California, No. 04-211/7092-03, dated October 13, 2005. 7529.100.101 December 7, 2007 Revised August 8, 2008 EIVGEO INCORPORATED REFERENCES (Continued) Purcell, Rhoades and Associates, Inc., Response to Discussion of Slope Stability Review, Proposed Single Family Residential Development, Subdivision 7556, Bay Point, California, Contra Costa County, California, No. 04-211/7092-03, dated September 23, 2005. Purcell, Rhoades and Associates, Inc., Focused Geotechnical Study Update — Slope Stability Review, Proposed Single Family Residential Development, Savona Way — Off Rapallo Way, Subdivision 7556, Bay Point, California, No. 04-211/7092-03, dated June 24, 2005. Purcell, Rhoades and Associates, Inc., Geotechnical Study Update, Proposed Single Family Residential Development, Savona Way — Off Rapallo Way, Subdivision 7556, Bay Point, California, No. 04-211/7092-01, dated November 24, 2003. Purcell, Rhoades and Associates, Inc., Geotechnical Study, Proposed Residential Development, Middleton Property, Subdivision 7556, West Pittsburg, California, No. 04-149/6375-01, dated April 20, 1992. Stevens, Ferrone and Bailey Engineering Company, Inc., Comprehensive Geotechnical Investigation, Sea Breeze II Residential Development, Bay Point, California, SFB Project No. 155-40, dated March 16, 2007. Terrasearch Inc., California Tradewinds, Geologic Hazard Abatement District Plan of Control, Subdivision 7838, Evora Road, Bay Point, Contra Costa County, California, Project No. 6319.poc; dated January 30, 1997. 7529.100.101 December 7, 2007 Revised August 8, 2008 FIGURE 1 Site Plan 7529.100.101 December 7, 2007 Revised August 8, 2008 E/YGEO INCORPORATED / J ox V., Oc W J W U' J 0 to 4 co CO �z L J = LL O w H m U Z 0 0 E a o = 10 U Z F W O ¢ H X w WW o o Z S5 00 a C U U m H Uc; m W • �� m_ < <N X K C7 K X X Z Q. aa & &y �� Q < -***1. N 9 , F m i z r---1 I y '031VbOdM00N1 03ON3 30 1N3SN00 N3111MM SS3Md X3 3H1 inOH11M 03ld83OX3 MO 0310@10 36 11 AVN MON 'M3A3OS1VHM SNV3P, ANY AB 1MVd NI 80 31OHM NI 03onGO8d38 38 ION AVA 1N3Y1@1300 SIH1 '031VMOd800N1 030N3 AB GOOZ O 1H918) EAIGEO INCORPORATED EXHIBIT A LEGAL DESCRIPTION FOR SEA BREEZE II (SUBDIVISION 8830) PORTION OF THE CALIFORNIA TRADEWINDS GHAD 7529.100.101 December 7, 2007 Revised August 8, 2008 SEA. BREEZE II (SUBDIVISION 8830) PORTION OF THE CALIFORNIA TRADEWINDS GEOLOGIC HAZARD ABATEMENT DISTRICT EXHIBIT "A" ALL THAT REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PORTIONS OF THE SOUTHEAST 1/4 OF SECTION 9 AND THE NORTHEAST '/4 OF SECTION 16, TOWNSHIP 2 NORTH, RANGE I WEST, MOUNT DIABLO BASF, AND MERIDIAN, FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 9, THENCE, (1) SOU'T'H 88020'08" WEST, 660.90 FEET; THENCE, (2) SOUTH 01°38'50" 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 74-1 ]'10", A CHORD L.F,NGTFT OF 89.26 FEET, AND AN ARC LENGTH OF 95.81 FEET; THENCE, (4) SOUTH 14°10'00" 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 28°56'27" 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 34°26'01", A CHORD LENGTH OF 75.77 FEET, AND AN ARC LENGTH OF 76.93 FEET; THENCE, (7) LEAVING SAID RIGHT OF WAY NORTH 51'31'56" FAST, 17.72 FEET; THENCE, (8) NORTH 14°10'00" 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 71-53'31", 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 88°20'08" WEST, 239.03 FEET; THENCE, (12) NORTH 01'39'52" WEST, 230.00 FEET; THENCE, (13) NORTH 88020'08" EAST, 1025,94 FEET; THENCE (14) SOUTH 00°54'38" WEST, 230.23 FEET TO THE POINT OF BEGINNING. THE LAND DESCRIBED HEREIN CONTAINS 5.51 ACRES OF LAND, MORE OR LESS. "0 SAND S' 41. LS 3272 [XP. 06/30/2008 or CAS -FFG - END .OF DESCRIPTION FOR MERIDIAN ASSOCIATES, INC. PAUL CANUMAY L.S. 3272 EXPIRES 06/30/2008 EA GEO INCORPORATED EXHIBIT B BOUNDARY OF THE SEA BREEZE II PORTION OF THE CALIFORNIA TRADEWINDS GHAD 7529.100.101 December 7, 2007 Revised August 8, 2008 098-520 I 098-520 085 I 063 098-520-101 -_ - _!✓ SECTION SECTION 10 15 --r — ..` SOO'54'38"W 230.23' SECTION 9 , POINT OF BEGINNING' SOUTHEAST CORNER OF SECTION 9 T. 2 N„ R. 1 W., M.D.B. & M. I/ I DETAIL 'A' i 1h 0 m M N 3 0 C. M (DOD N O 0 12 N01'39'52"W 230.00' 1 rn Q 098-484-004 SECTION 16 0 R=74.00' 0=74'11'10" C =89.26' L=95,81' -- ABBREVIATIONS: R=RADIUS D=DELTA (INCLUDED ANGLE) C= CHORD L=ARC LENGTH (R) -RADIAL BEARING /- - S01'38'50"E rn w -&;, Lo 0 I vl 098-210-030 �r 20.04' 0o 0 5.51 ±ACRES am�pp U ap O Cl N QI co F*4cc Iz 0) o O I/ I DETAIL 'A' i 1h 0 m M N 3 0 C. M (DOD N O 0 12 N01'39'52"W 230.00' 1 rn Q 098-484-004 SECTION 16 0 R=74.00' 0=74'11'10" C =89.26' L=95,81' -- ABBREVIATIONS: R=RADIUS D=DELTA (INCLUDED ANGLE) C= CHORD L=ARC LENGTH (R) -RADIAL BEARING /- - S01'38'50"E 1.30' -&;, `N01'38'50°W (R) I vl �S1410'00"W 20.04' 0 I R=132.00' 0=15'49'43" C=36.35' L=36,47 N14'10' ( N30'19'53"W 17.72' 0O / f I / � L0 L i 00 1 0) O I � I i I cr) I i � I i 00 i rn / 09 Q 552\ X001 y / / i Q N51'31'56"E 17.72'--' DETAIL ,A, SCALE: 1"=50' Q S23'21'39"E 11.41' R=128.00' D=34'26'01" C= 75.77' L=76.93' N05'29'34"W (R) VICINITY MAP NOT TO SCALE LAND $` CA LS 3272 (C EXP. 06/30/2008 'A OF CA0 /I I 0 1 100 50 0 100 200 I � U-)� °� SCALE IN FEET in I � co Q1 O t/ /t PIiEPARHOBY:'ys MERIDIAN lsT 1�; ASSOCIATES, INC. CIVIL ENGINEERING • PLANNING • SURVEYING 1340TREAT BOULEVARD SUfiE 130 PFIONE; 92S-932-4906 WALNUT CREEK, CA 94597 FAX: 925-932.3519 EXHIBIT "B" SEA BREEZE II (SUBDIVISION 8830) PORTION OF THE CALIFORNIA TRADEWINDS GHAD PORTIONS OF THE SOUTHEAST 1/4 OF SECTION 9 AND THE NORTHEAST 1/4 OF SECTION 16 TOWNSHIP 2 NORTH, RANGE I WEST, MOUNT DIABLO BASE AND MERIDIAN FEBRUARY, 2007 SCALE: 1"=100' rn - EXHIBIT C SEA BREEZE II ANNEXATION Funding and Acceptance 7529.100.101 December 7, 2007 Revised August 8, 2008 EIVGEO INCORPORATED EA GEO INCORPORATED Funding and Acceptance of Responsibility by the District An annual assessment is already being levied for residences in the California Tradewinds GHAD under the provisions of the existing Plan of Control and Engineer's Report. 1. Activation of Assessment Ultimately, an annual assessment shall be levied on all annexed residential lots within the Sea Breeze II subdivision. The initial assessment will be initiated by the issuance of a building permit for each of the residences. For individual building permits issued between July 1 and December 31, the assessment shall be levied by the GHAD on each individual parcel beginning the first fiscal year following issuance of the building permit. For building permits issued between January 1 and June 30, the assessment shall be levied by the GHAD on each individual parcel beginning the fiscal year starting in the calendar year following issuance of the building permit. 2. Initial Developer Contributions As reported, the existing California Tradewinds GHAD has accumulated reserves from the collection of assessments from properties within the GHAD in excess of expenses. The annexation of the Sea Breeze II subdivision into the California Tradewinds GHAD will require a contribution to equitability match the existing cash reserve. The developer of the Sea Breeze II subdivision shall contribute to the California Tradewinds GHAD an amount equal to 40 percent of the total cumulative reserve amount at the time the annexation resolution is adopted by the Board of Directors. The reserve amount will include cash and receivables from the Contra Costa County Tax Collector. These funds shall be provided to the California Tradewinds GHAD prior to acceptance of the monitoring and maintenance responsibilities within the Sea Breeze II subdivision. Funds collected from the levy of assessments while the developer of the 7529.100.101 December 7, 2007 Revised August 8, 2008 1 ENGEO INCORPORATED Sea Breeze II site performs monitoring and maintenance activities may be applied to meet the required funding amount. 3. Responsibility for GHAD Activities Once the annexation process is completed, the developer (party that owns the developable parcels shown on that Final Map) shall have the responsibility to perform all the activities of the GHAD on property within that Final Map. That responsibility shall become eligible for transfer to the GHAD at 9:00 a.m. on the day exactly one year after the last residential building permit is issued by the County (the "Transfer Eligibility Date"), provided that the items listed under item No. 4 in this section have been completed. This turn -over date may be extended at the sole discretion of the project developer provided that the assessments shall continue to be levied during the extension period and that notice of such extension is delivered to the GHAD Manager at least 30 days prior to the turn -over date. The GHAD Board intends that the period between the levying of the GHAD assessment and the GHAD becoming responsible to perform activities on property within each Final Map will allow the GHAD to accumulate reserve funds without incurring significant expenses. 4. Process for Transferring Responsibility for GHAD Activities Beginning on the Transfer Eligibility Date for parcel(s), the process for transferring responsibility for performing GHAD activities on such parcel(s) shall be as follows: (a) In the calendar year of the Transfer Eligibility Date or in any subsequent year, at its discretion, the developer may apply to the GHAD ("Transfer Application") to transfer the responsibility for performing GHAD Activities for parcel(s) to the District. 7529.100.101 December 7, 2007 Revised August 8, 2008 2 EMGEO INCORPORATED (b) Within 45 days of receiving such notice, a representative of the GHAD shall verify that all the facilities for which the GHAD will have maintenance responsibility have been constructed and maintained according to the County -approved plans and specifications for the individual improvements, and that such facilities are operational and in good working order. (c) Within 15 days of such inspection, the GHAD will send the developer a list ("Punch list") of all of the items that need to be constructed, repaired or otherwise modified in order to comply with the County -approved plans and specifications. (d) The developer may notify the GHAD when it has completed the items identified on the Punch list. (e) Within 30 days of receipt of such notice, the GHAD shall verify that all Punch list items have been completed and notify the developer that the GHAD accepts responsibility for performing all future GHAD activities on the parcel(s), subject to the limitations set forth in this First Amendment to California Tradewinds GHAD Plan of Control. As part of the transfer activities, the developer will provide the GHAD, for its use, copies of the applicable geotechnical exploration reports, grading plans, corrective grading plans, improvement plans, field -verified geologic maps, as -built subdrain plans, or other pertinent documents as requested by the GHAD. 7529.100.101 December 7, 2007 Revised August 8, 2008 3 ENGEO INCORPORATED EXHIBIT D CALIFORNIA TRADEWINDS GEOLOGIC HAZARD ABATEMENT DISTRICT Right -of -Entry 7529.100.101 December 7, 2007 Revised August 8, 2008 E1YGEO INCORPORATED Right -of -Entry District officers, employees, consultants, contractors, agents, and representatives shall have the right to enter upon all lands within the District boundary, as shown on Exhibit B, for the purpose of performing the activities described in the First Amendment to the California Tradewinds GHAD Plan of Control. Such activities include, but are not limited to: (1) the inspection, maintenance and monitoring of site improvements including, drainage ditches, storm drains, outfalls and pipelines; (2) the monitoring, maintenance and repair of slopes, including repaired or partially repaired landslides; and (3) the management of erosion and geologic hazards within the open space areas shown on Exhibit B. Should the District need to access private residential lots to perform any activities under the GHAD Plan of Control, the District shall provide the affected landowner and/or resident with 72 hours advance notice unless, in the reasonable judgment of the District, an emergency situation exists which makes immediate access necessary to protect the public health and safety, in which case no advance notice is required, but the District shall inform the landowner and/or resident as soon as reasonably possible. The foregoing right -of -entry and indemnity provision shall be recorded in the chain of title for all residential parcels and common area lots, and it shall be included in all Covenants, Conditions and Restrictions (CC&Rs) and homebuyer disclosure statements prepared for parcels within the District boundary. 7529.100.101 December 7, 2007 Revised August 8, 2008