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HomeMy WebLinkAboutMINUTES - 02122002 - SD.6 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Adopted this Resolution on February 12,2002,by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER AND GIOIA s; NOES: ABSENT: ABSTAIN: RESMUMN NO.2002/5g SUBJECT: ADOPT Resolution No. 2002/5 9 approving Formation of the Wendt Ranch Geologic Hazard Abatement District and appointing the Board of Supervisors of Contra Costa County as the Board of Directors. BACKGROUND A. Pursuant to the provisions of Section 26550 of the California Public Resources Code,the Board Of Supervisors adopted Resolution No. 851276 declaring that the Board of Supervisors is subject to the provisions of Division 17 (Sections 26500 et seq.) of the Cock, and forwarded a copy of ' Revolution No.851"276 to the State Controller. ` B. Pur=snt to Division 17 of the Public Rewxcei C a.Petrttun dated,Sep#ember 14,2000,was filed with theC2ak of the Board for the formation of the Wendt.Ranch Geologic Hazard C. On January 15, 2002, the Board of Supervisors adapted Resolution No. 2002123 accepting the initiating the proceedirip for the formation of the GHADD and fixing a hearing on the filed Petition for Formation on February 12,2002 at 9:00 a.m. D. Notice of the hearing on the filed Petition for Formation was given in accordance with the provisions of Public Resources Code Sections 26557-58 and.26561-63. E. A public hearing before the Board of Supervisors on the formation of the CHAD was held on February 12,2002 at 9:00 a.m. F. At the time set for the hearing,no owner of real property within the proposed CHAD had made a written objection to its formation in accordance with the provisions of Public Resources Code Section 26564. G. At the hearing,the owners of more than 50 percent of the assessed valuation of the real property within the proposed CHAD did not object to the GHAD's formation; the Board of Supervisors closed the hearing. SEW p&rmryk02 12-M Wm&Rmwkdoc r hereby certify that this is a!rue and cm ect copy of an COMM MP ftpwfy.(923)313-M action wm and entered on the minutes of time Board of od&m".. PW(SP ) Supervisors on the date shown. ATMTBD: JOHNof the of w. s .Und.16aCWU*w%Day(%eke■.tsma.o. supervisors MW(:olmty r C►9406 1149. rhssoss By asst c�.rr rZ.R04 serL sawn RMK „CA"M D p Ay RBSt)UMON NO.2002/ 59 SUBJF.M ADOPT Resolution No. 2002/5 9 approving Formation of the Wendt Ranch Geologic Hazard Abatement District and appointing the Board of Supervisors of Contra Costa County as the Board of Directors. DATE: February 12,2002 PAGE: 2 BACKGROUND(continued) F. The formation of the GHAD is exempt from the provisions of the California Environmental Quality Act(Public Resources Code Section 21000 et seq.)in accordance With Public Resources Code Sections 21080(b)(4)and 26559. ACTION NOW,THEREFORE,the Board of Supervisors resolves and orders that: 1. The Board of Supervisors approves and orders the formation of the Wendt Ranch GHAD as described in the petition and in the GRAD Plan of Control. 2.. In accordance with Public Resor Code Section 26567, the Board of Supersiisors appoints itself as the Board of Directors of the Wendt Ranch GHAD(GHAD Board). 3. This resolution shall become effective immediately upon its passage and adoption,but the GHAD shall become operational only after the parcels within the boundaries of the CHADhave been successfully assessed in accordance with Public Resources Code Section 26650 and Article MII(D)of the California Coristitutio Thu GHAD..Board is-adopting t-teparate Reso�;on- February 12, 2,002 to initiate the establishment and action-of an-assessment on'the real property included in the GHAD. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY AS THE BOARD OF DIRECTORS,VMNDT RANCH GEOLOGICAL HAZARD ABATEMENT DISTRICT .Adopted this Resolution on February 12,2002,by the following vote: AYES: Supervisors Uilk.ema, Gerber, DeSaulnier, Glover andiGioia NOES: None ABSENT: None ABSTAIN: None RESOLLMON NO.2002/60 SUBJECT: ADOPT Resolution No. 2002/60 appointing Officers for the Wendt Ranch Geologic Hazard Abatement District. BACKGROUND A. On February 12, 2M2, the Board of Supervisors adopted Resolution No. 2002/59 , approving formation of the Wendt Ranch Geologic Hazard Abatement District (GHAD) and appointing itself to act as the Board of Mectors of the GRAD(CHAD Board),,and B. Pursuant to Public Resources Code sections 25584 and 26585, $Ie.CHAD Beard must a Cle rk and a T +of the GHAD and, to Public Re_soiices Code section 26585,the. GRAD Board may appoint other officers of the CHAD and del: to the officers sudh.. as may be appropriate wder the c� es. ACTION NOW,THEREFORE,THE GRAD BOARD RESOLVES AS FOLLOWS: 1. The GHAD Board appoints the County Treasurer to act as the Treasurer for the CHAD. 2. The GHAD Board appoints the Clerk of the Board of Supervisors to act as the Clerk of the CHAD. 3. The CHAD Board appoints the County Counsel to act as the General Counsel of the GHAD. SEW a.AorpDaa F&MW-OM-12-02 Wendt Rmw doe Contact Sk+p Bppeeiy,{423)313-2253 I hereby certify that this is a true and correct copy of an Od&tL*v- PW(Special ) action taken and entered on the minutes of the Board of oc Cam Conned Supervisors on the date shown. Auditor-ControBer ��+� Accommtms ATTESTED: +�L/ Services JOHN SWEETEN,Ckrk otow Board of Statwn Zovod,Mcculdhen,Doyle,Brown dt.EMU= Directors,Wendt Ranch Gedoitic Hazard 1331 N.Ctti Avk Blvd,WalnutCrede,CA 945% Abatement District Eris Tnrebridse,Smpou indusaics PO Box 361 ab4, Iuiftbm CA 93035 U.Miss.EU000 By 2401 Crow Canyon Road,Ste.200,San Ramon,CA 94593 - RBSOLUMON NO.2002160 SUBJECT: ADOPT Resolution No. 2002/60 appointing Officers for the Wendt Ranch Geologic Hazard Abatement District. DATE: February 12,2002 PAGE: 2 ACTION (continued) 5. When the GHAD Board selects a General Manager, the General Manager of the GRAD shall have the following powers of the CHAD: (a) Managing and directing, on an every day basis, the GHAD operations and staff, and (b) Awarding and executing contracts for repairs, maintenance and improvement projects within the GRAD and for professional and support services as may be approved by the Board;and (c) Such other powers and duties as may be delegated by the CHAD Board. 6. This Resolution shall become effective immediately upon its passage and adoption. BOARD OF SUPRRVISORSOFCONTRA COSTA COUNTY 1SBOARD OFD1CCMRS, NDT. WpGEOLOGIC HA/XyVABATEMENT Vi Adopted this Resolution on February 12,2002 by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Glover and Gioia NOES: None Ams None ABSTAIN: None. RESOLLMON NO.2002! SUBJECT: ADOPT Resolution No.2002/61 approving Wendt Ranch Geological Hazard Abatement District (GHAT)) Budget and approving CHAD Repair, Maintenance and Improvernnarlt Program. BACKGROUND A. Ott Fdmny 12,2002,the Board.of Supervisors of Contra Costa County adopted Resolution*No. 2002159 , approving the formation of the Wendt Ranch Geologic Haran Abatement District (GRAD) and appointing the Bel of Superv3isors as the Board of-Directors of the GHAT) (GRAD Boar- B. On February 12,2002 the GHAT)Board adopted Resolution No.2002160,-appointing officars for the GHAD. C. In order for the GHAD to proceed to implement efficiently the GRAD Plan.of Control and to ulnderta m repair,maintenance and unprtrament projects and related operations,it is necessary to Trove an annual budget and a repair,maintenance and improvement program ACTION NOW,THIMEFOM the GHAD Board resolves that; 1. The GHAT) Board approves the CHAD budget, which is attached hereto as Exhibit A and incorporated orate d Dein by this reference. 2. The GHAD Board approves the GRAD Repair,Maintenance and Improvement Program, which is attached hereto as Exhibit B and incorporated Herein by this reference. SB:sr (i.'QPDstalSpDiatlBMd OrderkN2002W P'eisruary102-12-02 Wendt ltanch.doc contact Skip Epperly,( )313-2253 1 hereby certify that this is a true:and correct copy of an Orifi.Div.: P w fteciai nistricts) action taken and entered on the minutes of the Board of cc. county Counsel Supervisors on he date shown. Auditor-CurrttoUer Acorn ming ATMTED: February 12 �Dt1� Bogineering services JOHN SWMEN,Ckxk of the Board of cbrurnmAtyDrydopment Directors.Wendt Stanch Geologic Hazard shown 7rovodl McCutehea.Doyle,Brown&Emerson Abste nwa District 1331 N.Cauda Blvd.,W*1nut Cmdr.+CA 945% Chris Thobridso,Shmpol ladustriers PO Box 361169,Mt pieta„CA"035 U.va dirr,Earn 3401 Crow Cwyon RmL Sao.200.Sam lttmren.CA 9431#3 RWOLiLMON No.2002/ 61 EXSISTT A ATTACH GHAT)BUDGET ------------- j � J'Iji � li E INN tl "'yII� IIIIIIIIMImIITlIIIll 11111, 111 IN A .�N � � � ° � 2 . , ■ \ \� »§ � : . � � . . �� g, ylw . ■ � \ � � � � . } � ■ � � 2 . . � � . . - �■■ � § � .. k 1"m FB ! 6 ^ . . . . 4 z . ; a ■ � , — < � .! . . � . ■ � . ,■. - � | � � � ■ ■ .. . ■ � � � . . § §2 §� . EXHUMIB WENDT RANCH GHAD RLPAM MAINTENANCE AND DO%OVEl4UM PROGRAM A. On a periodic basis Owing each year,the Geologic Hazard Abatement District(CHAD)may monitor repairs and maintain the following items: 1. Natural and excavated slopes 2. Surface drainage ditches B. During each year should erosion fills, movement or sloping occur, the GHAD may perform temporary and permanent mitigation, repairs and improvement measures when necessary and within budgetary limits., including the fallowing: 1. Covering soil failure and/or erosional nnal surface with plastic sheeting 2. bu allation of hydraugers 3. Sandbagging 4. Additional inspections 5. R,evegetation 6. Other activities identified in the Flan of Control on file with the.Department of Contra Costa County Public Works BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY AS THE BOARD OF DUtECTORS, FOR THE WENDT RANCH GEOLOGICAL HAZARD ABATEMENT DISTRICT Adopted this Resolution an February 12,2042 by the following vote: AYES: SUPERVISORS UlLKEMA, GERBER, beSAULNIER, GLOVER and GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2002/62 SUBJECT: ADOPT Resolution No. 2002/ 62 of Intention to Order an asset for the Wendt Ranch Geologic Hazard Abateanient District and fixing a hearing on April 9,2402 for a Public Hearing to consider protests against the assessment. BACKGROUND A. On February 12,2002,the Board of Supervisors adopted Resolution No.2402x`5 9,approving the formation of the Wendt Ranch Geologic Hazard Abatement District(GHAD)and appointing the Board of Supervisors as the initial Board of Directors for thc GRAD Board. B. On February 12,2002,the GHAD Board of Directors adopted Resolution No.2002/61,approving the budget for the GRAD. C. In order tri-'defiuy the tis and expenses of maintaining and operating the CHAD 3mprovemrents, it will be necessary to provide for a reliable source of fimding. D. Public Rem Code Sections 26650 et seq autlux-ne,after a noticed Public Hearing,the levy and collection of an assessineut won benefited property within the CHAD to pay for the ma' ant!operation of GHAD in wov . Article XIII D of the Calilbrnia Constitution, Govarime nt Code Sections 53750 et seq. and Elections Code Section 4400 impose additional requirements for the levy and collection of the assessment E. The property within the GHAD is identified in the map attached.as Exhibit Ay and each parcel to be assessed is identified on the map. F. An Engineer's Report has been prepared by the GHAD GeologistlGeneral Manager and a registered professional enginw, otifriried m the State of California, in compliance with Public Resources Code Section 26651(a) and with Section 4(b)of Article XIII D of the California Constitution. The Engineer's Report,attached as Exhibit B, sets firth the purpose of the GHAD, the estimated budget, the total assessment that will be chargeable to the entire GRAD,the proposed esbmated assessment to be levied against each parcel of property within the GRAD, and a description of the method used in formulating the estimated assessments. SEW (D:QP1)afi%0Di 8Q41+d 040130MM 42-02 Wen&RaneiLdoc i hereby certify that this is a hue mrd correct copy of an >Caolact: A*fib,t 313-2253 action taken and entered an the nunutes of die Board of otic.Div.: Districts) CC ClowlycbWaNd Supervisors or the date shown. AveowdkS ATrEsTED-Sebruary 1.2. 2002 se vices JOHN SWEB'M,Ck*ofdw Board of Dimftrs,Wendt'Ranch Geologic Hazwd ZVW4 MeC%ft6w DoyK Brown It Bmwwn Aba4ffwnt District W1 H.Ewa Md.Wstwt Gym CA 44M finisYh>"Iss,Savg>ire# *W > uiar'r►ssWs Byjj� sen ceWCNgeutit+oed,s1.200,s=Ramar.CA tea RESOLUTION No.2oov SUBJECT: ADOPT Resolution No. MV 62 of Intention to Order an for the Wendt Ranch Geologic Ha=rd Abatement District and fixing a hearing on April 9,2002 for a Public Hearing to consider protests Against the assessment. DATE: February 12,2002 PAGE: 2 BACKGROUND(continued) G. Currently, none of the parcels to be assessed has been improved with the construction of a residence and the GRAD will not incur any expenses befom the County issues the first residential building permit for one of these parcels; consequently, the authonzed assessment will not be actually levied on a parcel until the first fiscal year following issuance of a residential building permit for that parcel. AMON lit©W,THIMFORB,the GRAD Board resolves that: 1. The GHAD Board declares its Mteantion, consistent with the requiremetits of Article XIII D of the California C.anst tutioAn, Public Resources Code Sections 26650 et seq., Government Code Section 53750, and Elections Code Sectiear 4000,to order that the costs and expenses of the GHAD improvements shall be assessed against the p vperty within the GRAD,which is benefited by the GHAD. Z. Tire CHAD Board further declares its intention to assess agamst the property within t&GHAD for the 2002-2003 fiscal year and for subs years,all or pmt of the amounts sat fmffi.in the:Ragin6wg Rtport-commencing the- &*fiscal year following ' of a residential.building permit for that parool,which�is istimairdto occur iii the year 2002- 3. 14otwithstanding NotwithstandingParagraph 2 above,the GHAD Board shall not order this assessment if a majority protest exists as defined in Section 4(e)of Article XIH D of the California Constitution. 4. Each of the parcels identified in ExlnInt A will reedw a particular and distinct special benefit m the form of GE AD facilities and services which we over and above the general benefits received by the general public. Specifically, in order to control geologic hazards within the GHAD, the CHAD may without limitation: (a) evaluate the perhrmanca of the natural and excavated slopes,the surface drainage and Glitches to pmvent certain geologic hazards within the CHAD; (b) pwfam certain temporary and permaneut mitigation, repairs and imp ovement meam= to control goolo& hazards within the GHAD, (c) maintain debris benches, drainage systems and i,istruments such as piezometers, settlement monit m and inclinometers; (d)maintain a detention basun; and(e)establish a reserve to fund,mitigate,abate or control geologic hazards within the CHAD. These special befits are descnbed m detail m the Plan of Control for the Wendt Ranch GRAD on file with.the Contra Costa County Department of Public Works. 5. Hereafter, whenever the parcels identified m Exhibit A are resubdivide d and a final map is approved and filed with the County Recorder,each newly created residential lot will be assessed on an equal basis with each single- family and multi-family lot being an individual `residential unit." The annual assessment amount for each residential unit will be calculated by dividing the annual GRAD Budget by the number of residential units then existing within the GHAD boundaries. Non-residential parcels within the GHAD boundaries will not be assessed. It is anticipated that upon completion of the Wendt Ranch development, the CHAD boundaries will cover 272 residential units. S. The GHAD Board has reviewed and considered the Engineer's Report. Tire special benefit derived from the GHAD by each parcel is proportionate to the entire costs of the GHAD, and the amount of the assessment is proportional to,and no greater than,the;benefits conferred on each parcel. The assessment does not exceed the reasonable cost of the proportional spescial benefit conferred on each parcel. sUiF33ECT: Awn Resomon m. 200216 2 of Intention tot Order an assessment for the Wendt Ranch Geologic Ham d Abet District and fixing a bearing on April 9,2002 for a Public Hearing to consider protests theassessment DATE: Febry 12,2002 PAGE: 3 s ACTION(continued) 7. No later than February 19, 2002, the GHAD Board duvc#s the Public Works Director to mail the "Notice of Adoption of Resolution"of the Public Hearn ig,attached as Exhibit C,and the"Notice of Assessment"attached as Exhibit D,to the record owners of each parcel upon which the assessment will be imposed. The sealable Ballot, attached as Exhibit E,and the Engineer's Repot shall be attached to the Notice. 8. The GHAD Board will conduct the Public Hearing ern April 9, 2002 at 9:00 am. in Room 107 of the County Mministration Building,651 Pine Street,Room 107,Martinez,California. The CHAD Clerk shall deliver all the seed Ballots received fmun record yrs of parcels within the GHAD boundaries to the GRAD Board prior to ft start of the Public Hearing. The Ballots shall remain scaled until they are tabulated. The GRAD Board:shall permit a change, withdrawal,or submittal of a Balled at any time prior to the conclusion of the public testimmy on the pec ed assessment at the Public Hearing. JUG AD Board shall then close the Public Hearing and consider all pc sts.agamet the proposed assessnmt After the CHAD Board closes the Public Hearing, the CHAD Cleve, or some other unpartial person not Laving a vested interest in the outcome of the proposers assessment, shall tabulate the Ballots subYmtt+ed,and not withdrawn,m support of or 'tion to the proposed t in tabulating'the Ballots , the CHAD Clerk shall we%&the Ballots according to the proportional financial obligation of the affecfp d property. The CHAD Board shall not impose the nam if there is a maim*protest as that term is dem by Section 4(c)of Article M D of the Galif+cnntia Constitution. If there is no majority protest,the CHAD Board shall authorize the assessment 9. Following the public H bof the CHAD Board shall consider the ion tl of vel Else the'iNendt Ranch CHAD,Subdivision 8002. 10. The GHAD Board shall levy the authorized assessment on each parcel the first fiscal year following issuance of a residential budding pert for such parcel. FYRi1M A ATTACH MAP OF PROPERTY rdMY RANCH SUSOtviMON W02 A.P.N. 206-030-006 ' 25 $vAl. t7�p $ , 297 M 16 suet). X585 lo-so.. 261'.�, .r•� + c, ; .r� JM V 112 PM 5( PARCEL A MEMC SCALE 1: 6000 AREA • 66.12 HECTARES LOFT 2 � (232 M 48) t� u c �w LOT 4 �"�'' LS 2298 (2088 M 4 P.QE3. 32 am 797.001m 216M N 1 PARCEL C 99 PM so MFACHAM N.V. COMPAW 206-030--003 14111.--14' OO( D) 07:20 P. 002 BOUNDARY SUBDIVISION 8002 ALL THAT REAL PROPERTY. SITUATE, LYING AND BEING IN THE COUNTY OF CONTRA COSTA. STATE OF CALIFORNIA. DESCRIBED AS FOLLOWS: BEING A PORTION OF THE NORTH 1/2 OF SECTION 5.TOWNSHIP 2 SOUTH. RANGE 1 EAST. AND A PORTION OF THE SOUTH % OF SECTION 32, TOWNSHIP 1 SOUTH, RANGE 1 EAST, MOUNT DIABLO BASE AND MERIDIAN.DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 'h CORNER OF SAID SECTIONS; THENCE ALONG THE SOUTH LINE OF THE NORTH WEST 'l. OF SAID SECTION 5- SOUTH 89°91'17" EAST 324,010 METERS TO THE SOUTHEAST CORNER OF LOT 4 AS SHOWN ON THE MAP OF SUBDIVISION 5417 FILED ON DECEMBER 17,1979. IN BOOK 233 OF MAPS AT PAGE 48,BEING THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING ALONG THE EAST LINE OF SAID SUBDIVISION 5417 NORTH 32°49'40"EAST 4136.198 METERS; THENCE CONTINUING ALONG SAID EAST LINE OF SUBDIVISION 417 AND ALONG THE EASTERLY LINE OF PARCEL B AS SHAWN..0N THE RECORD OFF-SURVEY FILED OCTOBER 14, 19658 IN BOOK 37 OF LICENSED SURVEYOR'S MAPS AT PAGE 46, NORTH 1002813"EAST 435.349 METERS; THENCE CONTINUING ALONG SAID EAST LINE .OF PARCEL 8 NORTH 12°`35'35" WEST 312.415 METERS; THENCE CONTINUING ALONG SAID EAST LINE OF PARCEL B NORTH 1005OW EAST 93.221 METERS TO THE SOUTH LINE OF CAMINO TASSA.#AARk. THENCE ALONG SAID SOUTH LINE OF CAMINO TASSAJARA SOUTH 74°24'119" EAST -291.359 ME'T'ERS; THENCE CONTINUING ALONG :SAID SOUTH LINE OF CAMINO TASSAAJARA NORTH 8005411' EAST 162„ 8 METERS; THENCE CONTINUING ALONG SAID SOUTH LINE OF CAMINO TASSAJARA' NORTH 7803718` EAST 34.491 METERS, THENCE CONTINUING ALONG SAID SOUTH LINE OF CAMINO TASSA3ARA NORTH 77.4T48" EAST 122.214 METERS TO THE WEST LINE OF PARCEL A AS SHOWN ON PARCEL MAP MS 28-81 FILED NOVEMBER 1, 1984. IN BOOK 112 OF PARCEL MAPS AT PAGE 50; THENCE ALONG SAID WEST LINE OF PARCEL A (112 PM 60) SOUTH 03°16'26" WEST 131.047 METERS TO THE NORTHWEST CORNER OF PARCEL C AS SHOWN ON PARCEL MAP MS 342-77 FILED ON AUGUST 28. 1978. IN BOOK 89 OF PARCEL MAPS AT PAGE 29 THENCE ALONG SAID WEST LINE OF PARCEL C SOUTH 00°00'89"WEST 10135.133 METERS TO THE SOUTH LINE OF THE NORTH 16 OF SAID SECTION 5; THENCE ALONG SAID SOUTH LINE NORTH 89°01'17" "WEST 797.001 METERS TO THE TRUE POINT OF BEGINNING. > b CONTAINING 813.12 HECTARES MORE OR LESS. A.P.No.296-030-006 N AM Eh�IT B ENGINEER'S REPORT WENDT RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT SUBDIVISION 8002 ENGINEER'S REPORT for GEOLOGIC HAZARD ABATEMENT DISTRICT "WENDT RANCH CONTRA COSTA COUNTY,CALIFORNIA FEO INCORPORATED TABLE OF CONTENTS s CERTIFICATION OF FILING 1 I. INTRODUCTION 3 II. BACKGROUND 3 III. GEOLOGIC HAZARD ABATEMENT DISTRICT DIAGRAM 3 IV. SERVICE LEVELS 3 V. DESCRIPTION OF THE CHAD IMPROVEMENTS 4 VI. ASSESSMIM ME'T`HOD 4 VII. ASSESSMENT LIMIT'-BUDGET PROJECTION 5 FIGURE I —GRADING PLAN AND GHA.D BOUNDARY EXHIBIT A—WENDT RANCH CHAD ESTIMATED BUDGET 4063.5.050.01 June 28,2001 EGO INCORPORATED ENGINEER'S REPORT i GEOLOGIC HAZARD ABATEMENT DISTRICT-WENDT RANCH (Pursuant to the Public Resources Code of the State of California,Section 26500 et seq.) CERTIFICATION OF FILING ENG}EO incorporated makes this report as directed by the CHAD Board of Directors. The GrHAD is intended to provide geologic hazard improvements within the Wendt Ranch and to levy and collect assessments sufficient to pay for those improvements. The improvements which are the subject of this report are briefly described as follows: "Improvement" means any activity necessary, or incidental to the prevention, mitigation, abatement, or control of a geologic ham including but not limited to the acquisition of property or any interest therein; construction, maintenance, repair, or operation of any improvement, or the issuance and servicing of bonds issued to finance any of the foregoing. This report consists of seven parts,as follows: _ I. INTRODUCTION U. BACKGROUND M. GEOLOGIC HAZARD ABATEMENT DISTRICT DIAGRAM IV. SERVICE LEVELS V. DESCRIPTION OF CHAD IMPROVEMENTS VI. ASSESSMENT METHOD VII. ASSESSMENT LIMIT-BUDGET PROJECTION 4063.5.050.01 June 28,2001 1 ENGE0 iwcoapORATFO The undersigned respectfixlly submits the enclosed Engineer's Report as directed by the GHAD Beard. Date: February 12,2002 By: I BEREBY CERTIFY that the enclosed Engineer's Report was filed with me on the 12a' day of February 2002. Wendt Ranch Geologic Hazard Abatement District Contra Costa County,California I HEREBY CERTIFY that the enclosed Engineer's Report was approvedand confirmed_by. tho -. GHAT)Board on the 12"'day of February,2002. Wendt Ranch Geologic Hazard Abatement District Contra Costa County,California APPROVED 4063.5.050.01 June 28,2001 2 EAIGEO INCORPORATED ENGINEER'S REPORT for GEOLOGIC HAZARD ABATEMENT DISTRICT WENDT RANCH for the ESTABLISHMENT OF AN ASSESSMENT LIMIT I. _ INTRODid MON The Wendt Ranch Geologic Hazard Abatement District(GHAD)was formed under the authority of the California Public Resources Code,Division 17,Section 26500 et seq. �. BACKGRO , On ,Shaped Industries of Northern California,the developer of Wendt Ranch, submitted a petition to form the Wendt Ranch CHAD. III. _ GEOLOGIC HAZARD ABATP.V�—DISTRICT DIAGRAM The Diagram for the GRAD is attached hereto. Dl. SERVICE LEVELS The CHAD provides for activity that is necessary or incidental to the prevention, mitigation, abatement, or control of geologic hazards including, but not limited to, the acquisition of property or any interest therein, construction, maintenance, repair, or operation of any improvement;and the issuance and servicing of bonds issued to finance any of the foregoing. The GHAD provides for the administration and review of facilities within the budgeted limits, including the following services: 1. Oversight of GRAD activities. 2. In conjunction with the County Assessor's Office, setting the annual levying of assessments on the property tax.rolls. 4463.5.050.01 June 28,'2001 3 ENGE0 INCORPORATED 3. Retention of a geotechnical consultant to perform the monitoring duties as described in the GHAT)Plan of Control. 4. Performance of CHAD maintenance activities in accordance with the GRAD Plan of Control. These maintenance. activities include maintenance of debris benches, a detention basin, concrete drainage v-ditches, and subsurface drainage system with slope stabilization and erosion protection,as necessary. 5. Preparation of annual CHAD budgets. V. DESCRIPTION OF THE GHAD IMPROVENONTS 'The GRAD Improvements are described in the Plan of Control prepared.for Wendt Ranch,dated November 8, 2000. In general, improvements include a detention basin; debris benches; drainage systems including concrete v-ditches in open space and on'the hillsides; open-space storm drain inlets and outlets;and subdmms in open space and creek corridors. Vi. ASSESSMENT The improvements described in Section V are distributed within the GHAD boundaries. 1Vla�nbenanox and protection of these improvements provide a special benefit to all property owners within. the CHAD. The District Finginm hereby finds that the properties within the District receive am--!Ay equal special benefit from Bre work and dements within the CHAD. As a remelt, the GHAD assessment is distributed equally among all property owners with the CHAD. Residential uses (single-fmntly and multi family) will be assessed on an equal basis with each single-family and multi-family property being assigned-one residential unit factor." The total number of residential units vnthin the District is then divided into the annual District 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 Wendt Ranch. In preparation of the budget,several factors were considered including: + Site Geology • Proposed.Remedial Grading 4063.5.050.01 June 28,2001 4 ENG INCORPORATED • Proximity.of Geologic Hazards to Proposed Residences • Site Access Considerations Elements Requiring Routine Maintenance Including. 1. Surface Drainage Facilities 2. Graded Slopes 3. Detention Basin VII. ASSESSMENT LB T-BUDGET PRfJJP,CTI(3N Based on the estimated expenses for on-going operations,and allowing for Larger(approximately $500,000)geologic events-at 10-year intervals,a 40-year budget was prepared for the Purpose of estimating initial assessment levels(see Exhibit A). In order to establish a reasonable reserve in the early years following formation. of the GRAD, there will be an initial deferral of GHAD CXPMM- ENGEU recommends a n.+ds an assessment limit of$500 per residential unit This limit will escalate annually based on the Caasumer Price Index. .It is currently anUpWateci that only $400 (in 2001dollars)will,aerially need to be levied annually per residential unit 4063.5.050.01 Juste 28,2001 5 NOTICE OF ADOPTION OF RESOLUTION BY THE BOARD OF DIRECTORS OF VAU41DT RANDS GEOLOGIC HAZARD ABATEMENT DIS'TRIC'T On Febiva!y 12, 2002, the Board of Supervisors of Centra Costa County, California, adopted Resolution No. 2012/ , approving the formation of the Weft Ranch Geologic Hazard Abatement District(GHAD)and appointing itself to act as the Board of Dimes of the GRAD Board. The GHAD was formed pursuant to State Public Resources Code Section 26500 et seq. for the purpose of prevention, mitigation,abatement and control of certain geologic hazards. NICE IS DEMY Gi'VEN that. On February 12,2002,the GHAD Board adored Resolution No.2002/ fixing a Public Hearing to consider adaption of an assessment to finance the CHAD. N the assessment is adopted,it is anticipated dud each par ad you own will be assessed approximately$400 per year(up to a nmumum of$500 per yew),Plus an annual adjustment to reflect the page change in the Consumer Price Index Mr) over the previous twelves period. Thse assessment for a parcel will be levied beginning the first fiscal year after issue of the building permit for that parcel. The assessment shall continue to be levied in perpetuity. The attached Engineer's Report for the Wendt Ranch GHAD was prepared by the GHAD GeologistlGeneral Manager and by a registered p9rofms anal engineer 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 c dculated.. The En&eWs Report specifical1y.sels forth a yearly estimated Midget,the total assiessment that will be chargeable to the entire CHAD,the pr%xwd estimated assessments to be levied nicht yew against each parcel of property,and a description of the method used.in formulating the estimabed tr,A COPY of the Em's Report w also aervailabin fol:ii ction afthe office of-the Department bf Public Works,255 Glacier Drive,Martinez,California. The GHAD Board will conduct a Public Hearing on April 9,2002 at 9:00 can. in Room 107 of the County Administration Bunldmg,651 Pine Street,Martinez,California,on the proposed assessment. The following paragraph provides the procedures for returning and tabulating the Ballots. A copy of this Notim scalable Ballot and s Report leas been sant to each of the property owners within the GHAD; your Ballot is attached to this Notice. The Ballot may be completed and mailed or hand- ddimvd to the CHAD Clerk,651 Pine Street 11*boor,Martinez,California,94553,or you may submit your Ballot at the Public Hearing. You may submit,withdraw,or change your Ballot at any time prior to the conclusion of the public test mony on the proposed assessment at the Public Hearing. At the Public Hear mg,the GRAD Clerk will deliver the scaled Ballots it has received to the GRAD Board.The Ballots shall remain sealed until they are tabulated. 'The CHAD Board then will close the Public Hearing and consider all protests against the proposed assamerit. After the CHAD Board closes the Public Hearing, the CHAD Clerk, or some other impartial person not having a vested interest in the outcome of the proposed assessment,shall tabulate the Ballots submitted and not withdrawn, in support of or opposition to the proposed. assessment. The GRAD board will not Wimthe pr_poscad assessment if there is a ly Xgkd. A majority protest exists if, upon the conclusion of the Public Hearing, Ballots submitted in opposition to the assessment exceed the Ballots submitted in favor of the assessment. in tabulating the Ballots,the Ballots will be weighted according to the proportional financial obligation of the affected property. Inquiries regarding the proposed assessment may be made to Skip Epperly, telephone (9225) 313- 2253. D ;> BALLOT Identification of Parcel. APN 206-030-006,Tract SUB 8002 Record Owner:Shapell Industries,Inc. Attn: Chris Traebridge 100 Milpitas Boulevard,#100 Milpitas,CA 95035 Yes, I approve the proposed annual benefit assessment described in the attached.Notice on the,property descn'bed by the parcel numbers identified in this Ballot No,I do not approve the proposed annual benefit assessment described in .the a#ached 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 scaled Ballot to. Clerk of the Board of Directors, Wendt Ranch Geologic Hazard Abatement District clo Public Works Department Attn:Slap Epperly 255 Glacier Drive Martinez,CA 94553