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HomeMy WebLinkAboutMINUTES - 11152005 - SD2 s_ _L .:��� =°�., Con tjo�147 ra � TO: BOARD OF SUPERVISORS AS THF BOARD OF •. DIRECTORS, WENDT RANCH GEOLOGIC , _ � '' HAZARD ABATEMENT DISTRICT (GRAD) �� � �s cOSta IZ FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR COUCounty DATE: November 15, 2005 SUBJECT: ADOPT Resolution No. 2005/ '722 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 Alamo Creek, Subdivisions 8381, 8382, and Intervening Properties, Subdivision 8331 to the Wendt Ranch Geologic Hazard Abatement District, Danville area. (District III) Project No. 0651-6LO72R SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND NS'I`IFICATION RECOMMENDED ACTION: ADOPT Resolution No. 2005/'142accepting tabulation of mail-in ballots, considering any objections, confirming assessment, and authorizing the levy and collection of the assessment for the annexed territory of Alamo Creek, Subdivisions 8381, 8382, and Intervening Properties, Subdivision 8331 to the Wendt Ranch Geologic Hazard Abatement District, Danville area. 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 Wendt Ranch GRAD. Continued on Attachment:X SIGNATURE: u4fECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE -/APPROVE OTHER SIGNATURE(S): ACTION OF BO ON APPROVED AS RECOMMENDED O HER CIASID hearing; PTID Resolution No. 2005/722 accepting tabulation of mail-in ballots confirmed assessment, and authorized the levy and collection of the assessment for the armexed, territory of .Alamo Creek, Subdivisions 8381.9 8382, and Intervening properties, Subdivision 8331 to the Wendt Ranch Gelogic Hazard Abatement District, Danville area. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Wendt VOTE OF SUPERVISORS Ranch GRAD Board on the date shown. Vol"' UNANIMOUS(ABSENT AYES: NOES: ATTESTED: It-15-06 ABSENT. ABSTAIN. JOHN SWEETEN,GRAD CLERK and COUNTY LC:sr ADMINISTRATOR G:\GrpData\SpDist\Board Orders\2005-Board Orders\ � Wendt Ranch GRAD\l 1-15-OS BO Assessment(Hearing).doc Orig.Div:Public Works(Special Districts) By Contact: Lisa Carnahan(313-2191) Deputy cc: County Administrator County Counsel T.Rie,Eng Svc. GRAD File SUBJECT: ADOPT Resolution No. 2005/7old%-% accepting tabulation of mail-in ballots, confirming assessment, and authorizing the levy and collection of the assessment for the annexed territory of Alamo Creek, Subdivisions 8381, 8382, and Intervening Properties, Subdivision 8331 to the Wendt Ranch Geologic Hazard Abatement District, Danville area. (District III) Project No. 0651-6LO72R DATE: November 15, 2005 PAGE: 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: In February 2002, the Wendt Ranch GHAD was formed and the Board of Supervisors appointed itself as the Board of Directors for the GRAD ("GRAD Board"). In connection with this formation, the GRAD Board adopted a Plan of Control and imposed assessments on the properties within the GRAD boundaries. The conditions of approval for the Alamo Creek and Intervening Properties projects (Subdivisions 8331, 8381, 8382) require the establishment of a GRAD prior to issuance of the first building permit. To satisfy these requirements, the developers of the projects elected to petition the GRAD Board to annex the Alamo Creek and Intervening Properties projects into the existing Wendt Ranch GRAD. On July 19, 2005, the GRAD Board approved the annexation and adopted Revision 1 to the Wendt Ranch GRAD Plan of Control, which supersedes the original Plan of Control, replacing it in its entirety. Revision 1 to the Wendt Ranch Plan of Control describes the work contemplated for the GRAD, including the improvement, monitoring and maintenance of water quality facilities, debris benches, drainage systems, open- space storm drain inlets and outlets, subdrains in open space and creek corridors, creek channels and reconstructed slopes (collectively, "GRAD Improvements"). Funding for the GRAD Improvements will be based on a parcel assessment on each improved lot in the subdivisions. Funding will be collected and used in accordance with Revision 1 to the Wendt Ranch GRAD Plan of Control. The GRAD Improvements are distributed within the GRAD 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 GHAD. The properties within the GRAD will receive approximately equal special benefit from the improvements. In order to require the newly annexed territory to provide funding for the GRAD, 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 10-year intervals, a budget was prepared for the purpose of estimating initial assessment levels (see Exhibit A to the Engineer's Report). To establish a reasonable reserve in the early years following annexation, there will be an initial deferral of GRAD expenses as described in Revision 1 to the Wendt Ranch GRAD Plan of Control. The Engineer's Report describes the recommended assessment limit for the newly annexed territory (Alamo Creek and Intervening Properties projects), which will match the assessment limit that was established in 2002 for the properties that were within the original Wendt Ranch GRAD boundaries. This limit will escalate annually to reflect inflation. Parcel assessments will continue to be collected annually and used in accordance with Revision 1 to the Wendt Ranch GRAD Plan of Control. Unexpended funds will augment the reserve for subsequent years. The proposed maximum assessment is $422 in Fiscal Year 2005-2006 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 2005 (201.20). The actual levy for the newly annexed territory may be set to $300 per single family unit and the levy for the properties within the Wendt Ranch project maybe reduced to match this amount,based on further cost analysis. SUBJECT: ADOPT Resolution No. 2005/IcU accepting tabulation of mail-in ballots, confirming assessment, and authorizing the levy and collection of the assessment for the annexed territory of Alamo Creek, Subdivisions 8381, 8382, and Intervening Properties, Subdivision 8331 to the Wendt Ranch Geologic Hazard Abatement District, Danville area. (District III) Project No. 0651-6LO72R DATE: November 15, 2005 PAGE: 3 On September 20, 2005, the Board of Supervisors, as the Board of Directors for the Wendt Ranch GHAD, adopted Resolution No. 2005/591, declared the intention to order an assessment for the annexed territory of Alamo Creek, Subdivisions 8381, 8382, and Intervening Properties, Subdivision 8331 to the Wendt Ranch GHAD and fixed a hearing for November 15, 2005 to consider the proposed assessment and any protests against the assessment. In accordance with the requirements of Article XIII(D) of the California Constitution and Public Resources Code sections 26651 through 26653, 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 roll of the County) that was annexed to the GHAD on July 19, 2005, as shown on the Boundary Map (Exhibit 2 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 establishment of a GHAD as a condition of approval for the Alamo Creek and Intervening Properties projects. In order to ensure that all properties within the GHAD contribute to the funding of the GHAD, an assessment on the annexed properties must be approved. If the GHAD Board does not proceed with this matter, full funding of the GHAD will be delayed and possibly not occur at all. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY.,CALIFORNIA AS THE BOARD OF DIRECTORS,WENDT RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT(GHAD) Adopted this Resolution on November 15,2005,by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None _ RESOLUTION NO.2005/7t9-a SUBJECT: Accepting tabulation of mail-in ballots, confirming assessment,and authorizing the levy and collection of the assessment for the annexed territory of Alamo Creek, Subdivisions 8381, 8382, and Intervening Properties, Subdivision 8331 to the Wendt Ranch Geologic Hazard Abatement District, Danville area. (District III) Project No. 0651-61,072R RECITALS: A. On February 12, 2002, the Contra Costa County Board of Supervisors adopted Resolution No. 2002/59, approving and ordering the formation of the Wendt Ranch Geologic Hazard Abatement District (GHAD) and appointing itself to act as the Board of Directors of the GHAD (GHAD Board). This formation was described in the petition dated February 12, 2002 and in the GHAD Plan of Control dated February 20, 2001. 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 21, 2005, the GHAD Board was presented with the Petition for Annexation of Territory to the Wendt Ranch GRAD (GRAD Petition). In connection with the proposed annexation, the GRAD Board was also presented with Revision 1 to the Wendt Ranch GRAD Plan of Control. C. On July 19, 2005,the GRAD Board approved the annexation and adopted Revision 1 to the Wendt Ranch GRAD Plan of Control, which supersedes the original Plan of Control, replacing it in its entirety. On that same day, subsequent to the GRAD 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 costs and expenses of maintaining and operating the improvements for the Wendt Ranch GRAD as described in Revision 1 to the Wendt Ranch GRAD Plan of Control, pursuant to Public Resources Code section 26500 et seq., it will be necessary to provide for a reliable source of funding. E. Public Resources Code section 26650 et seq. authorize, after a noticed public hearing, the levy and collection of an assessment upon specially benefited property within the GRAD to pay for the maintenance and operation of GRAD improvements. Article XIII(D) of the California Constitution imposes additional requirements for the levy and collection of said assessment. I hereby certify that this is a true and correct copy of an LC:sr action taken and entered on the minutes of the Wendt G:\GrpData\SpDist\Board Orders\2005-Board Orders\ Ranch GRAD Board on the date shown. Wendt Ranch GRAD\l 1-15-OS BO Assessment(Hearing).doc Orig.Div:Public Works(Special Districts) Contact: Lisa Carnahan(313-2191) ATTESTED: �`✓/�l� cc: County Administrator County Counsel JOHN SWEETEN,GRAD CLERK and COUNTY T.Rie,Eng Svc. ADMINISTRATOR � GRAD File BY 4 Deputy Resolution No.2005/ SUBJECT: Accepting tabulation of mail-in ballots, confirming assessment, and authorizing the levy and collection of the assessment for the annexed territory of Alamo Creek, Subdivisions 8381, 8382, and Intervening Properties, Subdivision 8331 to the Wendt Ranch Geologic Hazard Abatement District, Danville area. (District IIIA Project No. 0651-6LO72R DATE: November 15,2005 PAGE: 2 F. An Engineer's Report was prepared by a registered professional engineer, certified in the State of California, in compliance with Public Resources Code section 2665 1(a) and section 4(b) of Article XIII(D) of the California Constitution. The Engineer's Report (attached as Exhibit 1), sets forth the purpose of the GHAD, the estimated budget, the total assessment that will be chargeable to the annexed territory within the 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 assessment. G. On September 20, 2005, the GHAD Board adopted Resolution No. 2005/591, declaring the intention to order an assessment for the annexed territory of Alamo Creek, Subdivisions 8381, 8382, and Intervening Properties, Subdivision 8331 to the Wendt Ranch GHAD and fixing a hearing for November 15, 2005 to consider the proposed assessment and any protests against the assessment. H. Resolution No. 2005/591 declares the GHAD Board's intention, consistent with the requirements of Article XIII(D) of the California Constitution, to order that the costs and expenses of maintaining and operating the GHAD improvements acquired or constructed pursuant to Public Resources Code section 26500 et seq. be assessed against those parcels annexed to the GHAD on July 19, 2005 as identified on the Boundary Map (Exhibit 2 to the Engineer's Report), which are specially benefited by the GHAD. This Resolution specified the parcels that are to be assessed. I. Resolution No. 2005/591 declares the GHAD Board's intention to assess against those parcels shown on the Boundary Map for the 2005 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. 2005/591 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 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. The Board of Supervisors of Contra Costa County, as the Board of Directors for the Wendt Ranch Geologic Hazard Abatement District,RESOLVES AND ORDERS THAT: I. 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 November 15, 2005, 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 Alamo Creek, Subdivisions 8381, 8382, and Intervening Properties, Subdivision 8331 to the Wendt Ranch Geologic Hazard Abatement District. 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. EXHIBIT 1 IKngineer ' s Iepo rt E��CO GEOTECHNICAL C ENVIRONMENTAL WATER RESOURCES N C O R P O R A T E D CONSTRUCTION SERVICES ENGINEER'S REPORT for TIS WENDT RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT ALLOWING FOR ANNEXATION ALAMO CREEK AND INTERVENING PROPERTIES DEVELOPMENTS CONTRA COSTA COUNTY, CALIFORNIA MAY 10, 2005 LATEST REVISION SEPTEMBER 1, 2005 2010 Crow Canyon Place•Suite 250•San Ramon,CA 94583-4634•(925)8669000 Fax(925)866-0199 www.engeo.com EAGEO INCORPORATED TABLE OF CONTENTS Page CERTIFICATIONOF FILING 00000 000000009 000 0 0 0000 0*00 000000000000000000000960604000 0*00000 0000 0 0*008 0 0 000 0 00000 0 00090000000 1..............................................1 I. INTRODUCTION....6996606000 99006 000 0 0090*Goes*0 0000 000000*000eeoo*oeoee000000000*eoe0000eoo o see o so see o sees o os0000000000000003............................................................3 ii. BACKGROUND.................................................................................................................3 III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES................................3 IV. SERVICE LEVELS.............................................................................................................4 V. DESCRIPTION OF THE GHAD IMPROVEMENTS........................................................5 VI. ASSESSMENT METHOD..................................................................................................5 VII. ASSESSMENT LIMIT— BUDGET....................................................................................6 FIGURE 1 —GHAD BOUNDARY EXHIBIT A —WENDT RANCH GRAD BUDGET 4063.1.050.01 May 10, 2005 Latest Revision September 1, 2005 EAGEO INCORPORATED ENGINEER'S REPORT GEOLOGIC HAZARD ABATEMENT DISTRICT-WENDT RANCH (Pursuant to the Public Resources Code of the State of California, Section 26500 et seq.) CERTIFICATION OF FILING* This report is presented at the direction of the GHAD Board of Directors. The GRAD is intended to provide geologic hazard improvements within the Alamo Creek, Intervening Properties and Wendt Ranch developments and to levy and collect assessments sufficient to pay for those improvements. The improvements which are the subject of this report are defined as any activity necessary or incidental to the prevention, mitigation, abatement, or control of a geologic hazard, construction, maintenance, repair, or operation of any improvement; or the issuance andservicing of bonds issued to finance any of the foregoing (Section 26505) This report consists of seven parts, as follows: I. INTRODUCTION II. BACKGROUND III. GEOLOGIC HAZARD ABATEMENT DISTRICT DIAGRAM IV. SERVICE LEVELS V. DESCRIPTION OF GHAD IMPROVEMENTS VI. ASSESSMENT METHOD VII. ASSESSMENT LIMIT-BUDGET PROJECTION 4063.1.050.01 May 10, 2005 Latest Revision September 1, 2005 1 EAGEO INCORPORATED The undersigned respectfully submits the enclosed Engineer's Report. Date: By: ENGEO Incorporated GE I HEREBY CERTIFY that the enclosed Engineer's Report was filed on the day of Clerk of the Board Wendt Ranch Geologic Hazard Abatement District Contra Costa County, California I HEREBY CERTIFY that the enclosed Engineer's Report was approved and confirmed by the GHAD Board on the day of President of the Board Wendt Ranch Geologic Hazard Abatement District Contra Costa County, California APPROVED 4063.1.050.01 May 10, 2005 Latest Revision September 1, 2005 2 EAIGEO INCORPORATED ENGINEER'S REPORT for THE WENDT RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT ALLOWING FOR ANNEXATION OF THE ALAMO CREEK AND INTERVENING PROPERTIES DEVELOPMENTS for the ESTABLISHMENT OF AN ASSESSMENT LIMIT I. INTRODUCTION The Wendt Ranch Geologic Hazard Abatement District (GRAD) was formed under the authority of the California Public Resources Code, Division 17, Section 26500 et seq. Annexation of the Alamo Creek and Intervening Properties developments into the existing Wendt Ranch Geologic Hazard Abatement District was completed under the provisions of Section 265 8 1. II. BACKGROUND The Contra Costa County Board of Supervisors Council formed the Wendt Ranch Geologic Hazard Abatement District ("GRAD" or "District") on February 12, 2002 (Resolution 2002/59). Annexation of areas within the Alamo Creek and Intervening Properties developments as described in Revision 1 to the Wendt Ranch Plan of Control DATED May 10, 2005 (Revised May 24, 2005) and the establishment of an assessment level to fund the GRAD responsibilities are described in this Engineer's Report. III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES The boundaries for the GRAD are shown in the diagram attached hereto as Figure 1. The Assessor's Parcel Numbers within the plotted area include 206-020-088, 206-020-089, 206-020- 0909 206-190-001, 206-190-002.) 206-190-005, 206-190-006, 206-220-002, 206-220-003, 206- 220-004, 206-030-023, 206-030-025, 206-030-026, 206-030-027, 206-030-028, 206-030-033.1 206-030-040 and 206-030-041. 4063.1.050.01 May 10, 2005 Latest Revision September 1, 2005 3 E1YGE0 INCORPORATED IV. SERVICE LEVELS The 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 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. 3. Engagement of technical professionals to perform the monitoring duties as described in the GHAD Plan of Control. 4. Performance of GRAD maintenance activities in accordance with the GRAD Plan of Control. These maintenance activities include: • Wendt Detention Basin • Water Quality-Detention Basin "A" • Maintenance roads associated with the detention basin • Bioretention Basins "A", "B" and"C" • Concrete-lined drainage ditches in open space area • Debris benches • Subdrains • Storm drain inlets, outfalls and pipelines within the open space area • Restored and unaltered creek channels including grade control structures • Open space maintenance including trails • Settlement Instruments • Retaining Walls • Slopes 5. Slope Reconstruction 6. Preparation of annual GRAD budgets. 4063.1.050.01 May 10, 2005 Latest Revision September 1, 2005 4 EAIGEO INCORPORATED V. DESCRIPTION OF THE GHAD IMPROVEMENTS The GHAD Improvements are described in Revision 1 to the Wendt Ranch Plan of Control dated May 10, 2005 and revised May 24, 2005. In general, improvements include water quality facilities; debris benches; drainage systems, including concrete v-ditches in open space and on the hillsides; open-space storm drain inlets and outlets; subdrains in open space and creek corridors; creek channels and reconstructed slopes. VI. ASSESSMENT METHOD The improvements described in Section V are distributed within the GHAD boundaries. Maintenance and protection of these improvements provide a special benefit to all property owners within the GRAD. The District Engineer hereby finds that the properties within the District receive approximately equal special benefit from the work and improvements within the GRAD. As a result, the GHAD assessment is distributed among all property owners within the GHAD. Single-family residences (attached and detached) will be assessed as one unit. Multi-family attached units consisting of senior units and apartments will be assessed at 25 percent of the rate of single family residences. Non-residential habitable buildings are assessed per square foot of area. The sports fields will be assessed as a unit cost per field. The total number of residential units, non-residential area and other assessed areas within 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 GRAD boundaries. 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 4063.1.050.01 May 10, 2005 Latest Revision September 1, 2005 5 EAGEO INCORPORATED • Elements Requiring Routine Maintenance Including 1. Surface Drainage Facilities 2. Graded Slopes 3. Detention Basins 4. Bioretention and other Water Quality Facilities 5. Trails,Fire Breaks and Fences VII. ASSESSMENT LIMIT-BUDGET Based on the estimated expenses for on-going operations, and allowing for larger (approximately$750,000) geologic events at 10-year intervals, a budget was prepared for the purpose of estimating initial assessment levels (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 expenses as described in Revision 1 to the Plan of Control. The District Engineer recommends an annual assessment limit, for the Alamo Creek and Intervening Properties developments, that matches the $422 per residential unit (Fiscal Year 2004/2005 dollars) that was set as an assessment level for the existing Wendt Ranch development portion of the GRAD. The proposed maximum assessment level of $422 will be adjusted annually to reflect the percentage change in the San Francisco-Oakland-San Jose Consumers Price Index for All Urban Consumers as of June 2005 (201.20). In 2002, the assessment limit was set at $400 for the Wendt Ranch development. The difference between the original assessment figure of $400 and the $422 figure represents the inflation adjustment since .2002. The District Engineer also recommends an annual assessment limit of $0.10 per square foot of habitable nonresidential space. The residential and nonresidential assessments are to be levied in conjunction with the issuance of building permits. The actual levy for Alamo Creek and Intervening Properties may be set to $300 per single family unit and the levy for Wendt ranch may be reduced to match this amount. The sports fields will be assessed annually the amount of$400 (2005 dollars). The levying of the assessment will be as provided as described in the Revision 1 to the Plan of Control. The sports field assessment limits will also adjust annually based on the San Francisco-Oakland-San Jose Consumer Price Index for All Urban Consumers as of June 2005 (201.20). 4063.1.050.01 May 10, 2005 Latest Revision September 1, 2005 6 EAGEO INCORPORATED EXHIBIT A Wendt Ranch GHAD Budget 4063.1.050.01 May 10, 2005 Latest Revision September 1, 2005 00 EAGEO INCORPORATED EXHIBIT A Wendt Ranch Geologic Hazard Abatement District Budget— May 10, 2005 ASSUMPTIONS Total No. of Units (nominal) 11362 Annual Assessment per Unit (current$) $300 Sport Fields (Assessed per field) 2 Annual Assessment for sports fields (current$) $400 Approximate Total Habitable Non-Residential Building Area(square feet) 60,000 Annual Assessment per nonresidential (square feet) $0.10 Annual Adjustment in Assessment (estimated) 3.0% Inflation (estimated) 3.0% Investment Earnings (estimated) 6.0% Developer Seed Fund (current$) $50,000 Frequency of Large-Scale Repair(years) 10 Cost of Large-Scale Repair(current$) $750,000 ESTIMATED ANNUAL EXPENSES IN 2005 DOLLARS Creek Banks &Kawar Spillway $20,000 Detention Basin Maintenance $30,000 Erosion Repairs $10,000 Geotechnical Instrument Monitoring $5,000 Geotechnical Site Monitoring Program $25,000 Major Repair(Annualized) $75,000 Revegetation $5,000 Sediment Removal-Concrete Structures $1 0,000 Bioretention &other Water Quality Facilities $20,000 Stabilization (including slopes&retaining walls adjacent to school) $25,000 Subdrain Outfall Maintenance $5,000 Technical Consultants $25,000 Trail, Fire Break& Fence Maintenance $10,000 Administration, Accounting &Open Space Management $50,000 Miscellaneous&Contingency(10%) $31,500 TOTAL $346,5Q0 4063.1.050.01 May 10, 2005 Latest Revision September 1, 2005 EXHIBIT 2 Boundary Map V • W , ►13 Clt �rr Ul cr '� `i da cr�0 ' "0 s r r to 4 loco ago r� 4 .r-- �G C.� �� �zp � � loss" to .� '� co z � 906 d Vq M391 W6GZ t3 ggs L VA A g U , � . trill aQ � . - Gf 0 � •; � Cf� f'"• N'� s ty o. t31 t"��'!s' to .0000, us %� d ;.- o a► o► °' z to t d ..� o 0 L il ,.a 0 :° c4 o o L o z �totAa o .- Vie ie .'�,,�'► G ,too SWOOP ... It - • •- l C%3 to in OWN tot w C r as Pat i / in r a. OR towoo 1 Wto fto to � to 5 $Cie to el . p t CD cry 4 a- ow 1?cr O CIDs � � ,� _ ZC6 KOto ip • N 0 A4w -4 solow o *04 Ptr to p d)..ao► -060.l T ZL 1V goo o n � � �" � 'rCr o�► c to v W NZ CD C%l the •4r dM c 0. W ,oc t*�cti- Bol L ' 14o $ u 6 to ` +c ,Lc't�*9 •aw oQ M g t Zq vLN N CA W. y cpCC 4 �.,,r.. % tea►a ' S4 a, ca J v a E. EXHIBTT 2 Iralulati on of Ballotsllots Public Works Department 255 Glacier Drive, Martinez DATE:November 15, 2005 TO: Board of Supervisors acting as the Board of Directors, Wendt Ranch Geologic Hazard Abatement District FROM: Maurice M. Shiu,Public Works Director SUBJECT: Results of the Ballots Cast for the Proposed Assessment for the annexed territory of Alamo Creek, Subdivisions 8381, 8382, and Intervening Properties, Subdivision 8331 to the Wendt Ranch Geologic Hazard Abatement District I, Maurice M. Shiu, 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 Alamo Creek, Subdivisions 8381, 8382, and Intervening Properties, Subdivision 8331 to the Wendt Ranch Geologic Hazard Abatement District held between September 20, 2005 and November 15, 2005 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 Alamo Creek, Subdivisions 8381, 8382, and Intervening Properties, Subdivision 8331 to the Wendt Ranch Geologic Hazard Abatement District Yes 4 No I further certify that the total number of ballots cast in the proposed intention to order an assessment for the annexed territory of Alamo Creek, Subdivisions 8381, 8382, and Intervening Properties, Subdivision 8331 to the Wendt Ranch Geologic Hazard Abatement District at said election was four and attached hereto are the total ballots received for and against annexation and assessment. G:\GrpData\.SpDist\Board Orders\2005-Board Orders\Wendt Ranch GRAD\l 1-15-OS BO Assessment(Hearing)-doc cc: Lisa Carnahan,Special Districts Ballot Identification of Parcel: ag b ' 6'8 9 G Record Owner: Q5 rS�lCA COSIA -T l%J VSS"'-M/2,S' iilllllllllllllllliil111,11111,liiiilllllllIlljllllllllllllllllllillill000� Yes, I approve the proposed maximum 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 maximum annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this Ballot. —111111111111, .0/ or Sign e of Record Owner or uthorized Representative of the above-identified parcel(s) Mail or deliver sealed Ballot to: Contra Costa County Public Works Department Attn: Lisa Carnahan 255 Glacier Drive Martinez, CA 94553 Ballot Identification of Parcel: A P N # 206-030-026 , 206-030-027 Record Owner:P o n derosa Homes II , Inc . Yes, I approve the proposed maximum 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 maximum annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this Ballot. ign ure f Record Owner or t rize Representative of the above-identified parcel(s) Mail or deliver sealed Ballot to: Contra Costa County Public Works Department Attn: Lisa Carnahan 255 Glacier Drive Martinez, CA 94553 Ballot Identification of Parcel: Record Owner: /< Yes, I approve theproposed maximum annual benefit assessment pp described in the attached Notice on the property described by the parcel numbers identified in this Ballot. No, I do not approve the proposed maximum 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: Contra Costa County Public Works Department Attn: Lisa Carnahan 255 Glacier Drive Martinez., CA 94553 Ballot 20 _0 20 _ossa 206 _020 Identification of Parcel:2 0(v ^ I Cl° 0C.''1 , 2d6,t Cl o W.002� 20(10 dpi , -Z C>(40 11 o +Cq>OCO 2 0(p-+Z20 . O 0'Z 'LOfo...2.2C> oC73 � ZO - 220- D� � t Record Owner: '`�' T0.S S A arm Qa r�-��r S if G, q ���a wa�-c, �.10; � �^c �01N�` LCvth a 0-PGa.I;�o�:ct., lr�G c , l�o►b�t� tc�.p`a,�y �l' � e� Yes, I approve the proposed maximum 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 maximum annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this Ballot. pc%v1*4;jte Tr^SE,% a ra, ?cAfrJrvt-erS , l Lto A '4%f cc� r&I Li K0. LC L C...6 APU'ot Sigqqture oeepresentative ord Owner or Authorized of the above-identified parcel(s) Mail or deliver sealed Ballot to: Contra Costa County Public Works Department Attn: Lisa Carnahan 255 Glacier Drive Martinez,, CA 94553 EXHIBIT 3 NOTICE OF ASSESSMENT Pursuant to the requirements of Section 3114 of the Streets and Highways Code, the undersigned Public Works Director 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 and Assessments and Community Facilities Districts as Page in the Office of the County Recorder of Contra Costa County and relating to the following described real property: Wendt Ranch Geologic Hazard Abatement District for the areas generally known as Alamo Creek (shown on Vesting Tentative Maps SD 8381, 8382) and Intervening Properties/Remaining Intervening Properties (shown on Vesting Tentative Map SD 8331). 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: Owner Notification: ATTEST: SUBJECT: Accepting tabulation of mail-in ballots, confirming assessment, and authorizing the levy and collection of the assessment for the annexed territory of Alamo Creek,, Subdivisions 8381, 8382, and Intervening Properties, Subdivision 8331 to the Wendt Ranch Geologic Hazard AbatementDistrict, Danville area. (District III) Project No. 0651-6L072R DATE: November 15, 2005 PAGE: 3 3. The GHAD Board accepts the tabulation of ballots from the Public Works Director, which is attached to this Resolution 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 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 annexed territory within the 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 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 GHAD are payable. (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 Wendt Ranch GHAD, 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.