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HomeMy WebLinkAboutMINUTES - 06032014 - C.37RECOMMENDATION(S): 1. ACCEPT Petition for Annexation of the Elworthy Ranch development into the existing Wiedemann Ranch Geologic Hazard Abatement District (“GHAD”); 2. ACCEPT the draft Elworthy Ranch Development Annexation Plan of Control (May 21, 2014); 3. ADOPT the attached Resolution No. 2014/02 to do the following: (a) FIX a Public Hearing for July 29, 2014 at 9:00 a.m. in Room 107 of the GHAD Board Chambers, 651 Pine Street, Martinez, California to consider the proposed annexation of territory into the existing Wiedemann Ranch GHAD and the proposed Elworthy Ranch Development Annexation Plan of Control, and hear any written objections thereto; and (b) DIRECT the Wiedemann Ranch GHAD Clerk, or their designee, to mail, by first class mail, a written notice of the hearing to consider the proposed annexation and the proposed Elworthy Ranch Development Annexation Plan of Control to each owner of real property as required by GHAD law. FISCAL IMPACT: The GHAD is funded 100% through assessments levied on properties within the GHAD. Therefore, there is no impact on the County General Fund. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/03/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anagha Dandekar Clifford 510.834.1928 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: June 3, 2014 David Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 37 To:Wiedemann Ranch GHAD Board of Directors From:Patricia E. Curtin, GHAD Attorney and General Manager Date:June 3, 2014 Contra Costa County Subject:Accept Petition for Annexation for the Elworthy Ranch Development to the Wiedemann Ranch GHAD BACKGROUND: On September 1, 1998, the Contra Costa County Board of Supervisors adopted Resolution No. 98/438 approving the formation of the Wiedemann Ranch Geologic Hazard Abatement District (GHAD) and appointed itself to serve as the GHAD Board of Directors. On April 11, 2000, the Wiedemann Ranch GHAD Board of Directors adopted Resolution Nos. 2000/166 and 2000/167 approving annexation of the Henry Ranch development (Subdivision 8118) in San Ramon into the Wiedemann Ranch GHAD. The Elworthy Ranch development (Subdivision 9009) is located to the west of San Ramon Valley Boulevard in the Town on Danville. 84-single family homes and 13 apartment units along with appurtenant improvements are planned for the development. Due to the potential for geologic hazards and related required ongoing maintenance, the Conditions of Approval for the Elworthy Ranch development, require that it be included within a GHAD. To satisfy this requirement, the developer of the Elworthy Ranch development has elected to petition the GHAD Board to annex the Elworthy Ranch development into the existing Wiedemann Ranch GHAD. The territory to be annexed pursuant to the Petition for Annexation is currently owned by the developer and individual homeowners. The boundaries of the territory to be annexed and the boundaries of the Elworthy Ranch development are the same. In connection with the proposed annexation, a proposed Plan of Control has been prepared. The Plan of Control is separate from the Wiedemann Ranch Plan of Control and describes the work contemplated for the Elworthy Ranch development, including maintenance and monitoring activities, including slopes, retaining walls, subdrains, storm drain facilities, and concrete lined drainage ditches. If adopted, the Elworthy Ranch Development Annexation Plan of Control would address geologic hazards within Subdivision 9009. Funding for the GHAD activity on the proposed annexed area to prevent, mitigate, abate and control geologic hazards will be based on an assessment, and such funds will be collected and used in connection with the Elworthy Ranch Development Annexation Plan of Control. The proposed assessment is supported by a detailed Engineer’s Report prepared by a registered professional engineer certified by the State of California, and will be considered at a subsequent date in accordance with Proposition 218. The proposed assessment does not impact or change the existing assessments for the current landowners in the GHAD. The Manager of the Wiedemann Ranch GHAD recommends that the GHAD Petition be accepted and a hearing be ordered for July 29, 2014 to consider the annexation request. CONSEQUENCE OF NEGATIVE ACTION: The owners of the Elworthy Ranch development will have to form a new Geologic Hazard Abatement District or seek annexation into another Geologic Hazard Abatement District to satisfy Town of Danville Condition of Approval No. 25 for Subdivision 9009. ATTACHMENTS Wiedemann Ranch Resolution 2014/02 Weidemann Petition Elworthy Ranch Draft I