HomeMy WebLinkAboutMINUTES - 09092014 - C.25RECOMMENDATION(S):
1. ADOPT Resolution No. 2014/04 declaring the intention to order an assessment for annexed territory of the
Elworthy Ranch development to the Wiedemann Ranch GHAD and setting a public hearing to consider the proposed
assessment and any protests against the assessment;
2. FIX a public hearing for October 28, 2014 at 9:00 a.m. in Room 107 of the Board of Supervisors’ Chambers, 651
Pine Street, Martinez, California to consider the proposed assessment and any objections thereto; and
3. DIRECT the Wiedemann Ranch GHAD clerk to mail, by first class mail, the “Notice of Adoption of Resolution”
(attached as Exhibit 3 to the Resolution) to each owner of real property (as shown on the last equalized property tax
roll of the County) that was annexed to the Wiedemann Ranch GHAD on July 29, 2014, as shown on the Boundary
Map (attached as Exhibit 2 to the Resolution). The sealable Ballot (attached as Exhibit 4 to the Resolution) and the
Engineer’s Report (attached as Exhibit 1 to the Resolution) shall be attached to the Notice of Adoption of Resolution.
The Engineer’s Report is on file at the Office of the Clerk of the Board.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 09/09/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: Anagha Dandekar
510-622-7551
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: September 9, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
C. 25
To:Wiedemann Ranch GHAD Board of Directors
From:Patricia E. Curtin, GHAD Attorney and General Manager
Date:September 9, 2014
Contra
Costa
County
Subject:ADOPT Resolution 2014/04 declaring intent to order an assessment for Elworthy Ranch
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.
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.
The Elworthy Ranch development (Subdivision 9009) is located to the west of San Ramon Valley Boulevard in
the Town on Danville. Eighty-four 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
petitioned the GHAD Board to annex the area into the 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 annexation, a Plan of Control was 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. The Elworthy Ranch Development Annexation Plan of Control
addresses geologic hazards within Subdivision 9009.
Funding for the GHAD activity on the 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 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 order an assessment for the annexed
Elworthy Ranch development and set a public hearing to consider the proposed assessment and any objections
thereto.
On June 3, 2014 the GHAD Board of Directors adopted Resolution No. 2014/02 which fixed a Public Hearing for
July 29, 2014 to consider the proposed annexation of territory into the GHAD and the proposed Elworthy Ranch
Development Annexation Plan of Control, and hear any written objections thereto; and directed the GHAD Clerk
to 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. Written
notices were mailed accordingly.
On July 29, 2014 the GHAD Board of Directors adopted Resolution No. 2014/03 approving the annexation of the
Elworthy Ranch development into the GHAD and approving and adopting the Elworthy Ranch Development
Annexation Plan of Control.
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
Resolution No. 2014-04
Exhibit 3
Exhibit 4
Exhibit 1 and 2
EXHIBIT 1
BNGINEBR'S REPORTWIBDEMANN RANCH GEOLOGIC HAZARD ABATEMBNT DISTRICTELWORTHY RANCH DEVELOPMENT ANNEXATIONCONTRA COSTA COUNTY, CALIFORNIAAugust 26,2014for
Ëiíl',:Í.ffiËüTABLB OF CONTENTSPageCERTIFICATION OF FILINGI. INTRODUCTION.....II. BACKGROUND..........III. GEOLOGIC HAZARD ABATEMBNT DISTRICT BOUNDARIBS......IV. SERWCB LBVELSV. DESCRIPTION OF THE IMPROVEMENTS MAINTAINED BY THE GHAD.......VI. ASSBSSMBNTMETHOD.................VII. ASSESSMBNT - BUDGETVIII. DBVELOPER RESPONSIBILITIESEXHIBIT A - Legal Description and PlatsEXHIBIT B - Wiedernann Ranch GHAD Budget - Elworthy Ranch Developrnent4079.000.000August 26,20141..3..3..3..3..4..5...67
siì:i?'li Ëüi : ¡: : )::;í :l i:: :.:t, ; i: i : !. : i ì a : !,BNGINEER'S REPORTWIEDEMANN RANCHGEOLOGIC HAZARD ABATEMENT DISTRICTELWORTHY RANCH DEVELOPMENT ANNEXATION(Pursuant to the Public Resources Code of the State of California, Section 26500 et seq.)CBRTIFICATION OF FILINGThe Geologic Hazard Abaternent District ("GHAD") provides monitoring and maintenance ofimprovements related to geologic hazard management and other responsibilities as a landowner,within the Elworthy Ranch Developrnent portion of the Wiedemann Ranch GHAD and leviesand collects assessments in order to perforrn its activities.The improvements, which are the subject of this repoft, are defined as any activity necessary orincidental to the prevention, rnitigation, abaternent, or control of a geologichazard, construction,maintenance, repair, or operation of improvernent; or the issuance and servicing of bonds issuedto finance any ofthe foregoing (Section 26505).This report consists of seven parts, as followsI. INTRODUCTIONII. BACKGROUNDIII.IV.VI.VII.VIIIGEOLOGIC HAZARD ABATEMENT DISTRICT DIAGRAM4079.000.000August 26,2014SERVICE LEVELSDESCRIPTION OF GHAD MAINTAINED IMPROVEMENTSASSESSMENT METHODASSESSMENT LIMIT - BUDGET PROJECTIONDEVELOPER RESPONSIBILITIESI
u,iiìililr',"rGËü,:., / ..-..: i4...-...:i. . ..,..t -. ì ) /' ;t. ) :.- ¿\ t.t ! : :); :'.,..The undersigned respectfully subrnits the enclosed Engineer's Repoft.Date: August 26,2014By: ENGEO Incorporated,/,q ,1,4 ,/,/r/ ,/,/ ,þ / ./ //f // /' /'/'-// '(/- ( ,-{-'-.2¡2GEtjri EliahuI HEREBY CERTIFY that the enclosed Engineer's Report was filed on the 26fh day of August2014.Patricia CurtinAttorney and Acting Clerk of the BoardWiedemann Ranch Geologic Hazard Abatement DistrictContra Costa County, CaliforniaI HEREBY CERTIFY that the enclosed Engineer's Report was approved and confirmed by theGHAD Board on the 9tl' day of Septernb er 2014.Karen MitchoffChair of the BoardWiedemann Ranch Geologic Hazard Abatement DistrictContra Costa County, California4079.000.000August 26,20142
fíiii',ÍffiËüENGINEER'S REPORTforWIBDBMANN RANCH GBOLOGIC HAZARD ABATEMENT DISTRICTELWORTHY RANCH DEVBLOPMENT ANNEXATIONCONTRA COSTA COUNTY, CALIFORNIAfor theESTABLISHMIINT OF AN ASSBSSMENT LIMITI. INTRODUCTIONThe Contra Costa County Board of Supervisors formed the Wiedernann Ranch Geologic HazardAbatement District ("GHAD" or "District") on September 1, 1998 (Resolution No.98/438),under the authority of the California Public Resources Code, Division 17, Section 26500 et seq.The GHAD Board of Directors approved the annexation of the Elworthy Ranch developmentinto the GHAD on July 29,2014 ("GHAD Annexation Area"). The Contra Costa County Boardof Supervisors act as the Board of Directors of the GHAD.II. BACKGROUNDThe developer of the Elworthy Ranch developmerrt site ("Site") has subrnitted the WiedemannRarrch GHAD Plan of Control - Elwonhy Ranch Development Annexation ("Plan of Control")that describes the GHAD's responsibilities to permanently monitor and maintain GHADirnprovements within the GHAD Annexation Area. This Engineer's Report describes theestablishment of an assessment level to fund GHAD activities necessary or incidental to geologichazard mitigation, abatement and control.III. GBOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIESThe boundaries for the GHAD Annexation Area are shown in the legal description and platsattached hereto as Exhibit A.IV. SERVICB LEVELSThe GHAD's activities are those that are necessary or incidental to the prevention, rnitigation,abatement, or control of geologic hazards including constructiolt, tnaintenance, repair, oroperation of any improvement; and the issuance and servicirrg of bonds issued to finance any ofthe foregoing.The GHAD provides for the administration and review of facilities within the budgeted limits,including the following services:l. Oversight of GHAD operations, including reporting to the GHAD Board of Directors4079.000.000August 26,2014J
¡î:iå$i:ffiËÜ2. In conjunction with the County Assessor's Offìce, setting the annual levying of assessmentson the property tax rolls,3. Engagement of technical professionals to perform the rnonitoring duties as described in thePlan of Control.4. Performance of GHAD maintenance activities in accordance with the Plan of Control. Thesemaintenance activities include:Monitoring of developer or GHAD constructed retaining walls and maintenance, ifstructural integrity of a wallor adjacent structure(s) is threatened.Water detention basin facility maintenance, including access roadMaintenance of bioretention facility adjacent to intersection of Elworlhy Ranch Circleand Street "S".Maintenance of lined and unlined drainageditches in developed areas and open space.Vegetatiou control within open space (Parcels "P" attd "T").Maintenance of drainage facilities rvithirr the East Bay Regional Park District (EBRPD)trailhead parking lot area (Parcel "S") that directly irnpact the GHAD Annexation Area.Maintenance of storm drain systern improvements, subdrains, and subdrain outlets inopen space (Parcels "P" and "T").Trail and fire break maintenance on Parcels "P" and "T".Vertical curb, curb, and guard rail on Street "S" oll Parcel "P".5. The GHAD will also have maintenance, monitoring and repair responsibilities for slopes,which will include natural, reconstructed or partially reconstructed landslides.6. Preparation of annual GHAD budgets for approval by the GHAD Board of DirectorsV. DESCRIPTION OF THB IMPROVBMENTS MAINTAINED BY THB GHADThe GHAD-maintained improvements are described in the Plan of Control. In general, theseimprovements include water quality facilities; drainage systems, including lined ditches indeveloped areas and open space; open-space storm drain inlets and outlets; subdrains and outlets;retaining walls; access roadways; and drainage facilities within the EBRPD trailhead parking lotarea.4079.000.000August 26,2014aaaaaaaa4
i : ; i :.:;::l !.:: :i, ;t :|:: :i t. :a:VI. ASSBSSMBNT METHODWith the exception of the EBRPD trailhead parking lot area, the improven'ìents and GHADresponsibilities described in Section V are distributed within the GHAD Annexation Area. Theimprovements described in this document will confer the following special benefits to theassessed parcels:l. Protection frorn slope instability2. Protection fi'om erosion due to uncontrolled surface water3. Protection of water quality4. Protection fronl wild land fires associated due to unmanaged vegetationThe GHAD assessment is distributed among all residential property owners within the GHADAnnexation Area. The irnprovements and responsibilities listed in Section V provide specificbenefits to the properties within the GHAD Annexation Area and the irnprovements areconstructed for the benefit ofthose assessed and not the general public.As listed above and in Section 3.3 of the Plan of Control, the GHAD will monitor and maintaindrainage facilities within the EBRPD staging area parking lot on Parcel "S". Although this areais outside the GHAD boundary, the maintenance of these facilities (including drainage pipes, tworock-lined outfall aprons, an earth swale, and an erosion control blanketed area) is necessary toreduce the potential for uncontrolled stormwater infiltration, erosion, and other potentialgeologic hazards that could affect properties and improvements within the GHAD AnnexationArea.Single-farnily residential lots are assessed as one unit. Apartrnents are assessed as one-half unit.The GHAD Annexation Area consists of 84 single-family residences and 13 apartments. Witheach apartment assessed at one-half unit, there are a total of 90% equivalent units within the Site.The total number of equivalent resider-rtial units within the GHAD Annexation Area wasconsidered in light of the annual GHAD Annexation Area budget in developing the annualassessment amount.The Engineer hereby finds that residential properties within the GI-IAD Annexation Area receivesubstantially proportional special benefit based on the average square footage for each residentialproduct type (Single-family residences and apartnients). Within the GHAD Annexation Area, theaverage square footage of the apartments is approximately one-half the square footage of theaverage single-family residential unit.A financial analysis was perforrned to provide a framework for an operating budget for theon-going abatement, rnitigation, prevention and control of geologic hazards within the GHADAnnexation Area. In preparation of the budget, several factors were considered including:o Site geologyo Remedial gradingo Proximity of geologic hazards to proposed residences4079.000.000August 26,2014-5-
ii:!l'r,i,,! ËÕo Improvements or structureso Site access considerationso E,lements Requiring Routine Maintenance, includingl. Surface Drainage Facilities2. Graded Slopes3. Retaining Walls4. Bioretention and Detention Basin Facilities5. Trails and Fire BreaksVII. ASSESSMBNT - BUDGETThe purpose of this Engineer's Report is to establish the assessment level and the apportionmentof the assessment within the GHAD Annexation Area as required under Proposition 218. Theannual budget in each subsequent fiscal year will apprise the GHAD Board of Directors of theestimated budget for the upcoming year.Based on the estimated expenses for on-going operations, and allowing for larger(approxirnately $1,000,000) geologic events af 2}-year intervals, a budget was prepared for thepurpose of estirnating initialassessment levels (Exhibit B).The Engineer recolnmends an annual assessment limit for the GHAD Annexation Area of$1,360.00 per detached single-residential and $680.00 per apartment unit (Fiscal Year 2014115dollars). The proposed initial assessment level will be automatically adjusted annually onJune 30 to reflect the percentage change in the San Francisco-Oakland-San Jose ConsumersPrice Index for All Urban Consumers.While the assumptions and estimated expenses listed in Exhibit B were used to detennine theassessment levels for the GHAD Annexation Area, they do not represent the actual budget forany one year of the GHAD's operation, since assessment of the individual parcels will be basedon the issuance of building permits, which will occur over a number of years. In addition, theEngineer anticipates that the projected expense amounts will be reached over time and that theseamounts will be inflation-adjusted in the year that the expenses occur.The developer of the Site shall contribute to the GHAD an amount equal to 19 percent of thetotal cumulative reserve amount in the GHAD at the tirne the annexation resolution was adoptedby tlre Board of Directors on July 29,2014 or at the tinie of transfer whichever is less ("Buy-inContribution"). The Buy-in Contribution is based on the percentage of residential parcels in theGHAD Annexation Area as compared to the remaining GHAD. The GHAD Annexation Areacontains 90Yz equivalent parcels and the remaining GHAD has 474 parcels subject to a GHADassessment. On July 29,2014 the GHAD had a total cumulative reserve amount of $2,796,018;therefore, the developer of the Site will be required to make a maximum Buy-in Contribution of$531,124 atthe tirne of transfer (Plan of Control- Exhibit B).The Buy-in Contribution shall be provided to the GHAD prior to its acceptance of themonitoring and maintenance responsibilities for the GHAD Annexation Area. Funds collected4079.000.000August 26,2014-6-
GËÜand remaining li'olx the levy of assessments during the period that the developer is responsiblefor performing monitoring and maintenance activities shall be applied to meet the requiredBuy-in Contribution. In addition, receivables from the Contra Costa County Tax Collector willbe considered as parl of the Buy-in Contributiorr.V[I. DEVELOPBRRBSPONSIBILITIESThe developer of the Site is responsible for managing and rnaintaining the GHAD AnnexationArea until the GHAD accepts responsibility for the GHAD Improvements as set forth in the Planof Control. In addition, the developer is responsible for funding any necessary GHAD functionsor business undertaken for the GHAD Annexation Area that the GHAD Officers or Board ofDirectors determine are necessary before the GHAD accepts the GHAD lmprovements. If thedeveloper fails to fund all or a portion of these costs during, these costs shall be covered by thefunds generated by and for the GHAD Annexation Area (i.e., through the assessment) and thedeveloper shall be required to reimburse the GHAD for such costs before the GHAD can acceptrnonitoring and maintenance responsibilities for the GHAD Improvements.The GHAD may utilize funds generated by or for the GHAD Annexation Area to conduct anynecessary GHAD functions or business for the GHAD Annexation Area required before theGI{AD accepts the GHAD improvements. Such functions and business can include periodicrepolting to the GHAD Board of Directors and work performed by GHAD Officers to verify theGHAD is irnplemented in accordance with the Plan of Control and GHAD Law.4079.000.000August 26,2014-7-
íìí|,,ffiËül rj\:..!1 i:::,.,.:.l:|.,.,.ì.F],XHIBIT ALegal Description and Plats to Accom¡rany Legal Description4079.000.000August 26,2014
'!i i^"'i'"-)'(}BPAR(;ËL C.,¡,1f"'"IIPÁRCËL HPARCEL IfÅ,Y8'l'&'*'NARCELËARCELtdPPP,ARCËL 5SUBDIVISIÜN 9OT9515 M 1sPARCIL FP,ARCEL 9SUBDIVJSION 9AOg515 M lsPARCIL APARCIL RPARCEL K0GPARCEL JÅi&--N-INìK]PARCËL 8PARCËL L9+*-¿020040087( rN rEET )I inch : 200 tt.ill\d..r,.:-i;ll'ir:. ñ'l4i....:...TATÅ,L,.ÅRTA''| $':l,J¡þ:4çp55 :',EXT{TBTT '9A''PLAT TÜ ACCTMPANY X,EGÅL ÐESCRIPTTCINFORGETLOGTC H,4ZARÐAB,ATEMtrNT ÐTSTRTCTTOWN OF ÐANVIÍ.T.E, CONT&A COSTÀ COUNTY, CATIFÛRT{TA6,\Job¿tl0\i0l063\Hlpplng\Plots\¡flô¡ SUB 9009drO^Kw'',RIJGGHFRX- JËruSËN -ÅKÅRENGINEËRS ¡ PI-ANNERS ¿ SURVEYORS4090 cÈÁilOT DRlvE, Sulra 20c Pl,E/tSÂNTCN, C/t 9a5BBPrìor\E: (925) 227-n1OA rAX: (925) 2.27-93OOSCALE:1 "=200'DATE:B*9-201 JJOB NO.:101063
^ <:-4,Õi- -G>¿rlAA, /.¡-, ())^ÇUr"anvz¡,-óoPI\RCEL 5SIJßDJVJS]ON gC)O9515 M ls!..¡;'ì1,!r...i.\i::. t¿t¡¡,1Å,&-]\T-a!flPITER'S R/\NCHSUBDIVJSITN 571 8254 M 18100200( rN FEEr )1 inch : I00 fi.0([l¿-r'|JI"þ\-/n¿/.7-.(),¿-\-at"sV'a_-\2-"Ê'Õ1I:FARCEL.TEXF{TBTT 9'A''T]IA.T TT ACCTMPA.NY TEGAL DESCRTPTIONFÛRG}IÜLTGTC HAU ARÐABATE&,TENT ÐTSTRTCTTOI$N OF DÁNVII,I.F, CONÎRÂ COSTÀ COUNTY, ÜALIFO&NIA6,\job¿010\1ú10ó3\HGÞping\Plots\6HAD P^RCfL TdrgRL¡Gffi HRT-J HFdSHFü -AäA"RENGINEERS ¡ PLANNERS ¡ SURVEYORS4{ì-ao CHABOI' l)Rì!'F. SU{lt 2O0 PLE^SÀl'llON CA 3¿t5BBPilcNi: (925) 2?-Ì-{¡AO ËAX: (925) 22t-9.5C1). .X3.K ÅÃqjFr eSCALE:1 ":1 00'DATE:8-9-201 3JOB NO.r 01 063
ËXF{IËIT ßî\,)All the Real Property situate in the Town of Danville, County of Contra Costa, artd State of Califorrria;and beirrg all of Lots l- thru 86 & all of Parcels A thru R, ancJ Parcel T as created by that certain tnapentitled "subdívision 9009 Ëhvortlry Rarrch" and filed on September I1.,201.2 and recorded in Book 515of Maps at pages 19 through 39, Official Records of Contra Costa County.Enef of DeseriBtåanPrepared byiii-,i1,.r."t'i..::;tr:,[¡';. iì4,.{]'{..i:i, i';,i"j ^'tJ,-Scott Shortlidge, LS 6441DatePage I of 'l
iffiæHÜBXHIBIT BWiedemann Ranch GHAD BudgetBlworthy Ranch Development4079.000.000August 26,2014
ji::$¡\ ffiÜBudgetASSUMPTIONSTotal No. of Single Family Residential UnitsTotal No. of Aparlment Residential UnitsEquivalent Residential UnitsAnnual Assessment per Unit (FY 201412015 $)Annual Adjustment in Assessment (estirnated)Inflation (estimated)Investment Earnings (estirnated)Frequency of Large-Scale Repair (years)Cost of Large-Scale Repair (current $)BSTIMATED ANNI]AL EXPBNSES IN F'Y 20I4lI5 DOT,T,ARSAdrninistration and AccountingTechnical ConsultantsRetaining Wall Inspection and MaintenanceDetention Basin Facility MaintenanceB ioretention MaintenanceSediment Removal - Concrete StructuresVegetation Control - Open SpaceParking Lot/Open Space Subdrain and Stormdrain MaintenanceSlope Stabilization, Erosion, Minor RepairsTrail and Fire Break MaintenanceSite Monitoring PrograrnMajor Repair (Annualized)Misc & Contingency (10%)E,XHIBIT BWiedemann Ranch Geologic Hazard Abatement DistricfElworthy Ranch DevelopmentTotal8413$ 1,3603.0%3.0%5.0%20$ 1,000,00090.5$ 8,000$ 10,000$ 10,000$ 2,000$ 2,000$ 5,000$ 5,ooo$ 5,000$ to,ooo$ 5,000$ 5,000$ 50,000$ I 1.7004079.000.000August 26,2014$_r28J00
E,XHIBIT 2
'if i'"'?PARCEL .9SUBDJVJS]AN 9OO9515 M lsPARCEL QRl'(ÞtPARCEL ÇPARCEL HPARCËL ItiPARCIL Ð ",PARGËL ru' i..a)Et'Ãt#,îtf*^trfPARÇILFPARCILPARCELPARCELPARCËL JAR0Lts.lIIt,&__-1\ -diñ..PARCEL Lo20040087( rN FEEr )1 inch : 200 ft.P,ARCËL SSUBDIVISION 9OOg515 M lshlii. S,l4 if'!þ,.-.,¡':'',,'l 4,,î;1* Ai CRES, ::Å,REAüTALEXHTFTT ,94'9PMT TÜ ACCOMPÁ,NY LEGAT ÜESCRIPTIONFORGETIÛGTC HAU ARÐABATEMtrNT ÐISTRTCTTOWN OF ÐÁNÌñILE, CONTRA COSTA COUNTY, CA-tIFORNTA6'\Jobe0t0\t01063\14opplnÊ)\t'lots\5HA¡ SUB 9Ù09.d*g..'ffi$'u&*RUffi GËS{ã-JHFüSffi Þü -ÅU AR€NGINEERS ! PI.ANNERS ð SURVCYORS46'J0 cÉ,Aaol DR|VE, SUI-ía 20C PLEÀSAN-ICN' C/r 9¿5BBPriohE: (925) 227 -'rc! F¡\X: (925) 2.2.7--o3OOSOÁLE:1":200'DATË:B-9-201 3JOB NO.1 01 063
àçt'*,*{*:t*',:/ ^ \>/o'PI\RCEL 5SABDJV]SJON 9OO9515 Nt tsl{*. {i¡¡411Åi&-N-fiË1d\\7"¿/J/PE'TER'S RI\NCHSUBDIVJSJON 571 8254 M 18100200( rN FÐEr )1 inctr : 100 ft.¿*w,%1IEX}TTFTT ,'A''PLAT' TT ACCOMPÁ,NY TEGAT DESCRIPTIONF'ÛRGETT_,TGTC HAZARÐABATEh,TENT ÐTSTRTCTÎÛWFI OF DÁNVIÏ,T,F, CONTRÁ COSTA COUI{TY, CAIIFO&NTÁû,\Job20i0\101063\116Þpíne\Plo'Ls\GHAn PÁRcf L l.d*sRLJffi Ë HF& [-JHTbTS Hþü -AäA RENGINEERS È PLANNERS 3 SURVEYORS4€SJ0 CHAEOI DRIV[, SUlll] 200 PLEAS^¡ITON. C^ 94588trirc\:: (92s) 2),-/-9100 rnx: i925) 221-93CO'wfuSCALE:1 ":1 00'DATE:B-9-201 3JOB NO.1 01 063
EXHIBIT 3
Notice of Adoption
NOTICE OF ADOPTION OF RESOLUTION BY THE BOARD OF DIRECTORS OF THE
WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT
On September 1, 1998, the Contra Costa County Board of Supervisors adopted
Resolution No. 98/438, approving and ordering the formation of the Wiedemann Ranch Geologic
Hazard Abatement District (“GHAD”) and appointing itself to act as the Board of Directors of
the GHAD (“GHAD Board”). Subsequently, the GHAD Board imposed assessments on the
properties within the GHAD to fund monitoring and maintenance of improvements described in
the Wiedemann Ranch GHAD Plan of Control. On July 29, 2014, the GHAD Board approved
the annexation of the Elworthy Ranch Development (Subdivision 9009) into the Wiedemann
Ranch GHAD and adopted the proposed Elworthy Ranch Development Annexation Plan of
Control. Subsequent to the GHAD Board’s approval, the Board of Supervisors approved the
annexation in accordance with Public Resources Code section 26581. Both approvals were
conditioned upon subsequent approval of the proposed assessments on the annexed territory of
the Elworthy Ranch Development. These actions were taken in accordance with Public
Resources Code Sections 26500 et seq. for the purpose of the prevention, mitigation, abatement
and control of certain geologic hazards.
NOTICE IS HEREBY GIVEN that:
On September 9, 2014, the GHAD Board adopted Resolution No. 2014/___ declaring its
intention to impose an assessment on the property to be annexed and fixing a public hearing to
consider adoption of this assessment to finance the Elworthy Ranch portion of the GHAD. The
total yearly estimated budget for the Elworthy Ranch portion of the GHAD as set forth in the
Engineer’s Report is $128,700. If the assessment is adopted, it is anticipated that each detached
single family parcel that you own will be assessed a maximum of $1,360.00 per year and
$680.00 per apartment unit, plus an annual adjustment to reflect the percentage change in the San
Francisco-Oakland-San Jose Consumers Price Index for All Urban Consumers as of June 2014
(778.767). The assessment for a parcel will be levied beginning the first fiscal year after
issuance of the building permit for that parcel. The assessment will continue to be levied in
perpetuity.
The attached Engineer’s Report for the Elworthy Ranch portion of the Wiedemann Ranch
GHAD was prepared by a registered engineered, certified in the State of California, and
describes in detail the reason for the assessment and the basis upon which the amount of the
proposed assessment was calculated. The Engineer’s Report specifically sets forth the yearly
estimated budget, the total assessment that will be chargable to the entire Elworthy Ranch
portion of the GHAD, the proposed estimated assessments to be levied each year against each
parcel of property, and a description of the method used in formulating the estimated assessment.
A copy of the Engineer’s Report is also available for inspection at ENGEO Incorporated,
2010 Crow Canyon Place, Suite 250, San Ramon, California, 94583.
The GHAD Board will conduct the public hearing on ______, 2014, at 9:30a.m., Room
107 of the Board of Supervisors’ Chambers, 651 Pine Street, Room 107, Martinez, California, on
the proposed assessment.
The following paragraph provides the procedure for returning and tabulating the ballots.
A copy of this Notice of Adoption of Resolution, a sealable ballot and the Engineer’s Report has
been sent to each of the property owners that were annexed to the GHAD on July 29, 2014.
The ballot may be completed and mailed or hand delivered to Wiedemann Ranch GHAD
c/o ENGEO Incorporated, 2010 Crow Canyon Place, Suite 250, San Ramon, California, 94583
or may be submitted at the public hearing. You may submit, withdraw, or change your ballot at
any time prior to the conclusion of the testimony on the proposed assessment at the public
hearing. Immediately before the hearing, the GHAD Clerk shall tabulate the ballots. At the
hearing, the GHAD Board shall consider any objections or protests to the assessment and certify
the tabulation of the ballots.
The GHAD Board shall not impose the assessment if there is a majority protest. A
majority protest exists if, upon conclusion of the hearing, ballots submitted in opposition to the
assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the
ballots shall be weighted according to the proportional financial obligation of the affected
property.
Inquiries regarding the proposed assessment may be made by mail to: Wiedemann Ranch
GHAD c/o ENGEO Incorporated, Attn: Eric Harrell, 2010 Crow Canyon Place, Suite 250, San
Ramon, California 94583 or by phone at (925) 866-9000.
EXHIBIT 4
Ballot
Ballot
Identification of Parcel: _____________________
Record Owner: ___________________________
____________ Yes, I approve the proposed annual benefit assessment described in the attached Notice
on the property described by the parcel numbers identified in this Ballot.
____________ No, I do not approve the proposed annual benefit assessment described in the attached
Notice on the property described by the parcel numbers identified in this Ballot.
________________________
Signature of Record Owner or
Authorized Representative of the
above identified parcel(s)
Mail or deliver sealed Ballot to:
Clerk of the Board of Directors
Wiedemann Ranch Geologic Hazard Abatement District
c/o ENGEO Incorporated
Attention: Eric Harrell
2010 Crow Canyon Place, Suite 250
San Ramon, CA 94583