HomeMy WebLinkAboutMINUTES - 10282008 - SD.4 6>__L Contra
TO: BOARD OF SUPERVISORS,AS BOARD OF
DIRECTORS FOR HILLCREST HEIGHTS GEOLOGIC _ `'
ot, ®e i,;aenF; z Costa
HAZARD ABATEMENT DISTRICT 40
Ta coux'r'r
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Count
DATE: October 28, 2008 ,:
SUBJECT: HEARING to Adopt Resolution No. 2008/Alk accepting tabulation of mail-in ballots,
considering any objections, confirming assessment, and authorizing the levy and collection of the
assessment for the annexed territory of the Spanish Trails subdivision to the Hillcrest Heights
Geologic Hazard Abatement District ("GHAD"), El Sobrante area. (Hillcrest Heights GHAD
Funds) (District I) Project No.: 7756-6X5047
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
CONDUCT A HEARING to Adopt Resolution No. 2008/ accepting tabulation of mail-in
ballots, considering any objections, confirming assessment, and authorizing the levy and collection of the
assessment for the annexed territory of the Spanish Trails subdivision to the Hillcrest Heights Geologic
Hazard Abatement District ("GHAD")
FISCAL IMPACT:
There is no impact to the County General Fund. All costs will be covered with revenue generated through
parcel assessments on the properties within the Spanish Trails subdivi ion (I00%).
`Continued on Attachment:X SIGNATURE: e__ t
COMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
f
SIGNATURE(S): 2kzac )
ACTION OF BOA N APPROVED AS RECOMMENDED O HER
4E OF SUPERVISORS I hereby certify that this is a true and correct copy of an
VUNANIMOUS(ABSENT ) action taken and entered on the minutes of the Board of
AYES: NOES: Supervisors on the date shown.
ABSENT: ABSTAIN:
HH:vz:ab ATTESTED:
G:\SpDist\Board Orders\200\Board Orders 9-16-08\Spanish Trails
GHAD Board Order Confirming Assessment_9_16_08.doc DAVID TWA,Clerk of the Boar of Supervisors and
Orig.Div:Public Works(Special Districts) County Administrator
Contact: Hillary Heard(313-2022)
cc: Assessor
Community Development Byg&�W/
County Counsel Deputy
W.Lai,Engineering Services
Hillcrest Heights GHAD Manager
SUBJECT: HEARING to Adopt Resolution No. 2008/**** accepting tabulation of mail-in ballots,
considering any objections, confirming assessment, and authorizing the levy and collection of the
assessment for the annexed territory of the Spanish Trails subdivision to the Hillcrest Heights
.Geologic Hazard Abatement District ("GHAD"), El Sobrante area. (Hillcrest Heights GHAD
Fund's) (District I) Project No.: 7756-6X5047
DATE: October 28, 2008
PAGE: 2 of 3
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
In July 1996, the Hillcrest Heights GHAD was formed and the Board of Supervisors appointed itself as the
Board of Directors for the GHAD ("GHAD Board"). In connection with this formation, the GHAD Board
adopted a Plan of Control and imposed assessments on the properties within the GHAD boundaries.
The Conditions of Approval for the. Spanish Trails subdivision (DP 03-3052, SD 02-8687) require the
annexation into the existing Hillcrest Heights GHAD or the creation of a new independent GHAD prior to
issuance of the first building permit. To satisfy these requirements, the developer of the Spanish Trails
subdivision elected' to petition the Board of Directors of the Hillcrest Heights GHAD ("GHAD Board") to
annex the subdivision into that existing GHAD. On July 22, 2008, the GHAD Board approved the annexation,
and adopted the Hillcrest Heights GHAD Plan of Control for Spanish Trails, which addresses geologic hazards
within the Spanish Trails subdivision. The approval of the annexation was conditioned upon subsequent
approval of assessments on the annexed territory.
The Hillcrest Heights GHAD Plan of Control for Spanish Trails describes the work contemplated for the
subdivision, including maintenance, monitoring and funding. Funding for the GHAD will be based on a parcel
assessment from each improved lot in the subdivision, which funding will be collected and used in accordance
with the Hillcrest Heights GHAD Plan of Control for Spanish Trails. The GHAD improvements are distributed
within the GHAD 'boundaries, as set forth in the Engineer's Report. Maintenance and protection of these
improvements will provide a special benefit to all property owners within the Spanish Trails subdivision. The
annexed properties will receive approximately equal special benefit from the improvements.
In order to require the annexed territory to provide funding for the Hillcrest Heights GHAD, it is necessary to-
approve a new assessment. The methodology for the proposed assessment is set forth in the Engineer's Report.
Based on the estimated expenses for on-going operations, and allowing for larger geologic events at 50-year
intervals, a budget was prepared for the purpose of estimating the initial assessment levels (see Exhibit B to the
Engineer's Report).
The Engineer's Report describes the recommended assessment limit for the newly annexed territory. This limit
will escalate annually,to reflect inflation. Parcel assessments will be collected annually and used in accordance
with the Hillcrest Heights GHAD Plan of Control for Spanish Trails.
The proposed maximum assessment is $1,990.50 in Fiscal Year 2008-2009 dollars. Each year thereafter the
maximum assessment rate may be increased based upon the annual change in the San Francisco-Oakland-San
Jose Consumers Price Index for All Urban Consumers as of June 2008.
On July 22, 2008, the GHAD Board adopted Resolution No. 2008/ , declared the intention to.order an
assessment for the annexed territory of the Spanish Trails subdivision to the Hillcrest Heights GHAD and fixed
a hearing for September 16, 2008 to consider the proposed assessment and any protests against the assessment.
SUBJECT: HEARING to Adopt Resolution No. 2008/**** accepting tabulation of mail-in ballots, considering
' any objections, confirming assessments, and authorizing the levy and collection of the assessment
for the annexed territory of the Spanish Trails subdivision to the Hillcrest Heights Geologic Hazard
Abatement District ("GHAD"), El Sobrante area. (Hillcrest Heights GHAD Funds) (District I)
Project No.: 7756-6X5047
DATE: October 28, 2008
PAGE: 3 of 3
In accordance with the requirements of Article XIII (D) of the California Constitution and Public Resources
Code sections 26650 et seq., the Public Works Director mailed, by first class mail, the "Notice of Adoption of
Resolution" to each owner of real property (as shown on the last equalized property tax roll of the County) to be
annexed to the Hillcrest Heights GHAD, as shown on the Boundary Map (Exhibit A to the Engineer's Report).
The sealable Ballot and the Engineer's Report were attached to the Notice of Adoption of Resolution.
CONSEQUENCES OF NEGATIVE ACTION:
The Board of Supervisors required the approval of the proposed assessment as a condition of approval for
annexation of the Spanish Trails subdivision into the Hillcrest Heights GHAD. If the GHAD Board does not
proceed with this matter, the annexation will not occur.
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BOARD OF DIRECTORS FOR THE
HILLCREST HEIGHTS GEOLOGIC HAZARD ABATEMENT DISTRICT
Adopted this Resolution on October.28, 2008 by the following vote:
AYES: GIOIA,UILKEMA,PIEPHO,
BONILLA&GLOVER
NOES:"NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2008/40
SUBJECT; Accepting tabulation of mail-in ballots, considering any objections, confirming
assessment, and authorizing the levy and collection of the assessment for the
annexed territory of the Spanish Trails subdivision to the Hillcrest Heights
Geologic Hazard Abatement District ("GHAD"), El Sobrante area. (Hillcrest
Heights GHAD Funds) (District 1) Project No.: 7756-6X5047
RECITALS:
A. On July 23, 1996, the Contra Costa County Board of Supervisors adopted Resolution No.
96/329, approving and ordering the formation of the Hillcrest Heights. Subdivision 7582
Geologic Hazard Abatement District ("Hillcrest Heights GHAD") and appointing itself to act
as the Board of Directors of the GHAD ("GHAD Board")., This formation was described in
the petition dated May 8, 1996 and in the GHAD Plan of Control dated May 8, 1996.
Subsequently, the GHAD Board imposed assessments on the properties within the GHAD to
fund the improvement, monitoring and maintenance of improvements described in the Plan
of Control.
B. On June 24, 2008, the GHAD Board accepted and reviewed the Petition for Annexation of
Territory to the Hillcrest Heights Geologic Hazard Abatement District ("GHAD Petition").
In connection with the proposed annexation, the GHAD Board also accepted the Hillcrest
Heights GHAD Plan of Control for Spanish Trails.
C. On July 22, 2008, the GHAD Board approved the annexation and adopted the Hillcrest
Heights GHAD Plan of Control for.Spanish Trails, conditioned upon subsequent approval of
the proposed assessment on the annexed territory. On that same day, subsequent to the
GHAD Board's approval, the Board of Supervisors.approved the annexation in accordance
with Public Resources Code section 26581.
D. In order to pay for the cost and expenses of maintaining and operating the improvements for
the Hillcrest Heights GHAD, as described in the Hillcrest Heights GHAD Plan of Control for
Spanish Trails, pursuant to Public Resources Code sections 26500 et seq., it will be necessary
to provide for a reliable source of funding.
SUBJECT: Accepting tabulation of mail-in ballots, considering any objections, confirming
assessment, and authorizing the levy and collection of the assessment for the
annexed territory of the Spanish Trails subdivision to the Hillcrest Heights
Geologic Hazard Abatement District ("GHAD"), El Sobrante area. (Hillcrest
Heights GHAD Funds) (District I) Project No.: 7756-6X5047
DATE: October 28, 2008
PAGE: 2
E. Public Resources Code sections 26650 et seq. authorize, after a noticed public hearing, the
levy and collection of an assessment upon specially benefited property within the GHAD to
pay for the maintenance and operation of GHAD improvements. Article XIII(D) of the
California Constitution imposes additional requirements for the levy and collection of said
assessment.
F. An Engineer's Report has been prepared by a registered professional engineer, certified in
the State of California, in compliance with Public Resources Code section 26651(a) and
section 4(b) of Article XIII(D) of the California Constitution. The Engineer's Report
attached hereto as Exhibit 1 explains the purpose of the GHAD and provides the estimated
budget, the total assessment that will be chargeable to the territory be annexed into the
Hillcrest Heights GHAD, the proposed estimated assessment to be levied against each parcel
within such territory, and a description of the method used in formulating the estimated
assessments.
G. On July 22, 2008, the GHAD Board adopted Resolution No. 2008/ , declaring the
intention to order an assessment for the annexed territory of the Spanish Trails subdivision to
the Hillcrest Heights GHAD, and fixing a hearing for September 16, 2008 to consider the
proposed assessment and any protests against the assessment.
H. Resolution No. 2008/ declares the GHAD Board's intention, consistent with the
requirements of Article III(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 to
be annexed to the Hillcrest Heights GHAD, as identified on the Boundary Map (Exhibit A to
the Engineer's Report), that are specially benefited by the Hillcrest Heights GHAD. This
Resolution specified the.parcels that are to be assessed.
I. Resolution No. 2008/ declares the GHAD Board's intention to assess against those
parcels shown on the Boundary Map for the 2008 fiscal year and for subsequent years, all or
part of the amount set forth in the Engineer's Report commencing the first fiscal year
following issuance of a building permit for that parcel.
I Resolution No. 2008/ directs the Public Works Director to tabulate the ballots and
deliver,all the ballots received from record owners to the GHAD Board prior to the start of
the hearing. The Resolution states that the GHAD :Board shall then consider all protests
against the proposed assessment and certify the tabulation of the ballots. The Resolution
states that in tabulating the ballots, the ballots shall be weighted according to the proportional
financial obligation on the. affected property. This Resolution states that the GHAD Board
shall not impose the assessment if there is a majority protest. This Resolution states that if
there is no majority protest, the GHAD Board shall authorize the assessment.
SUBJECT: Accepting tabulation of mail-in ballots, considering any objections, confirming
assessment, and authorizing the levy and collection of the assessment for the
annexed territory of the Spanish Trails subdivision to the Hillcrest Heights
Geologic Hazard Abatement District ("GHAD"), El Sobrante area. (Hillcrest
Heights GHAD Funds) (District I) Project No.: 7756-6X5047
DATE: October 28, 2008
PAGE: 3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ACTING AS THE
BOARD OF DIRECTORS FOR THE HILLCREST HEIGHTS GEOLOGIC HAZARD
ABATEMENT DISTRICT DECLARES, RESOLVES, FINDS AND ORDERS THAT:
1. The, Public Works Director provided notice of the public hearing described above in
accordance with Public Resources Code sections 26651 through 26653 and Article
XIII(D), Section 4 of the California Constitution.
2. A public hearing was held before the GHAD Board on September 16, 2008, at 9:30 a.m.
in order to hear and consider any protests regarding the assessment. At the hearing, the
Engineer of Public Works delivered to the GHAD Board all ballots received from
property owners within the annexed territory of the Spanish Trails subdivision to the
Hillcrest Heights GHAD. Prior-,to the hearing, the Public Works Director tabulated the
sealed ballots.and weighted them according to the proportional financial obligation on the
affected property.
3. The GHAD Board accepts the tabulation of ballots from the Public Works Director,
which is attached hereto as Exhibit 2, showing the benefit assessment passed
unanimously.
4. Based upon the tabulation of the ballots, the GHAD Board finds that there is not a
majority protest. Therefore, the GHAD Board is authorized to levy the proposed
assessment pursuant to Public Resources Code section 26653 and Article XIII(D),
Section 4 of the California Constitution.
5. The'GHAD Board further confirms the assessment, as set forth in the Engineer's Report,
and orders that the amount of the assessment against each parcel of the annexed territory
within the GHAD shall be as provided in,the Engineer's Report.
6. The GHAD Board further orders that the amounts set forth in the Engineer's Report
(including an annual adjustment to reflect the percentage change in the Consumer Price
Index over the previous twelve month period) shall be assessed against each parcel of the
Spanish Trails subdivision annexed to the Hillcrest Heights GHAD the first fiscal year
after issuance of a residential building permit and for subsequent fiscal years.
7. The GHAD Board further orders that the assessment shall be levied and collected in the
following manner:
(a) The Public Works Director shall cause to be recorded a Notice of Assessment, in
substantially the form as attached hereto Exhibit 3, as provided for in Section 3114 of the
California Streets and Highway Code, whereupon the assessment shall attach as a lien
upon the property.
(b)' Thereafter, the assessment shall be payable at the same time and in the same
manner as general taxes on real property within the Hillcrest Heights GHAD are payable.
A '
SUBJECT: Accepting tabulation of mail-in ballots, 'considering any objections, confirming
assessment, and authorizing the levy and collection of the assessment for the
annexed territory of the. Spanish Trails subdivision to the Hillcrest Heights
Geologic Hazard Abatement District ("GHAD"), El Sobrante area. (Hillcrest
Heights GHAD Funds) (District I) Project No. 7756-6X5047.
DATE: October 28, 2008
PAGE: 4
(c) All funds generated by the assessment; and all interest earned on the assessment,
shall be segregated and deposited in a separate account for the exclusive benefit of the
territory of the Spanish Trails subdivision annexed to the Hillcrest Heights 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.
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. �p� •�,�P
ATTESTED: ��i" `'r'
DAVID TWA, Clerk of the Board of
Supervisors and County Administrator
By ,Deputy
RESOLUTION No. 2008/
Public Works Department
255 Glacier Drive, Martinez
OAR+/tom La
DATE: , 2008
TO: Bard of Supervisors acting as the Board of Directors, Hillcrest Heights Geologic
and Abatement District
FROM: Ju . Bueren, is Wor{s Director
SUBJECT: esults of the Ballots Cast for the Proposed Assessment for the annexed territory
of the Spanish Trails Development to the Hillcrest Heights Geologic Hazard
Abatement District
I, Julia R. Bueren, Public Works Director for the County of Contra Costa, State of California,
having canvassed the return of all votes cast for the proposed assessment for the annexed
territory of the Spa ish Trails Development to the Hillcrest Heights Geologic Hazard Abatement
District held v ?tl do hereby certify the following to be a full, true, and correct Statement of
Results of all votes cast on the following measure:
Annual Assessment for the annexed territory of the Spanish Trails Development to the
Hillcrest Heights Geologic Hazard Abatement District
Yes x No
I further certify that the total number of ballots cast in the proposed intention to order an
assessment for the annexed territory of the Spanish.Trails Development to the Hillcrest Heights
Geologic Hazard Abatement District at said election was and attached hereto are the total
ballots received for and against annexation and assessment.
-ENGINEERS REPORT
for
.ANNEXATION OFsTHE SPANISH,TRAIL$;
SUBDIVISION'
T&THE iHii, ST HEIGHTS'
GEOI:OGIC HAZARD
ABATEMENT DISTRICT
EL SOBRANTE,
CONTRA COSTA COUNTY;
CALIFORNIA
By.
TERRASEARe#,.inc..
'Project No: 6�34G3
3Q July,2008
Project`IHo:AAIbS.- Engineers,ReporttSpanish Traits`.. _ .. _ 30 July 2008^
TABLE,OF CONTENTS
Pa�e;No..
:CERTIFICATION OF FILING.................................. ......::.:..:.:..... :.::..:.......: ....:....:.......:.........:3;
I: 1N,TRODUCTION,:, .::
II. BACKGROUND..... ......... :........ .::...::: .......:: ......... ......... ......... ....::..: ...........:5
IIT. GEOLOGIC HAZARD>ABATEMENT DISTRICT BOUNDARIES... ........, ............5
IV SERVICE LEVELS: 6
V. DESCRIPTION OF THE GHAD[MPROVEMENTS:: . ....
VI. ASSESSMENT METHOD'. ........ .. .. ...........7
VII; ASSESSMENT LIMIT-`BUDGET . ..................................
EXHIBIT-A.: :.:.. ...::..:. ........ .........o... .. .:: ..:::....... ............: ....... :..:.: - I I
EXHIBIT B ..,.:, 14
EXHIBIT C.::::::. ..::
...............:................................
..::.:::. ...:::..:
TERRASEARCX,inc. Pop-2 of117
1
..:i.:_� \-e.ti^^r�l:lll .�..r,..«.+—nn'Y� ....7 r ...,t.•..r n. ...... ...-. a_ •..n.vv. r .. V.. -t n...�n Y.
._. a.. .... .._ it l..w....ti w..L.Ck•.ri iv..„.:a1':: Y•'J.ri:.._. ,....... �i ..C.n _ ,. - ..........
Projed'No:6034.G3; Engineers Repoit/SoanisbiTrails, - 30 July 2008
'ENGINEER?S`REPORT'
ANNEXATION'OF`THErSPANISH.TRAILS SUDOMS);ON,
TO.THE HILLCREST HEIGHTS
GEOLOGIC HAZARD ABATEMENT`DISTRICT.(GRAD)
(C atifornia..Priblic;'Resources Code;sectioris 26500 el.aeq)
CERTIFICATION:OF FILING
Terrasearch, inc. makes'this:engineer's report for:j,60 pahishTrails subdivision', a§directed.by
the Board of;Supetvi§ors, acting as`ttie:BbWr of Directors of the,Hillcrest Heights.GHAD. The
GHAD,-is intended to:provide geologic hazard•iinproveinents for the Spanish,'Trails subdivision
and-to levy;and_collect assessments suif�icient:to:pay£or.:those;i nprove-i-nents.
Phe improvements to the Spanish Trailssubdlvtson that are the'subject of thisreportare defined
P s; any,aciivity necessary or incldental,ln lie'.preverition;mitigation,;abatement, or control.,of a
geologic hazard; constriction, mainfenaiice, .repair, or 'operation of:any improvement; or the
issuance and servicing of bonds'issueri to:filiance any of`ther fo gging: Pub ds: C,ode section
26505,
This report consists of'seven parts;as foiiows
T. INTRODUCTION
II., BACKGROUND
LII, GEOLOOIC'HAZARD ABATEMENT DISTRICT BOUNDARIES
IV,. SERVICE LEVELS
V:, DESCRIPTIQN OF.GHAD:IMPROUEMENTS
VT.. ASSESSMENT METHOD
VII. ASSESSMENT LIMIT BUDGETPRQJECTION
TERR.9SEAReOf lhc; Page 3 of 17
Project No:ti034 0 Engineers Report/Spinish:Vails _ 30 July 2008'
The undersignedrespectfully..submiis the enclosed Engineer's Report.
Date. 7` . B Terrasear inc
y'
_. i A
f f
;GE
I HEREBY CERTIFY that the enclosed Eng'ineer's Report-was filed on ahe= ;day of
'Clerk:of flee Board. -
Hillcrest Heights Geologic HaWd Abaternenf District
"El Sobrante,Contra Costa'County, California
I;HEREBY CERTIFY`that the enclosed,Engineer's'Report,was:approved M4 cor firme4 by, the
GHAD'Boardon,the day of
President ofthe Board'
Hillcrest Heights Ge.ologic,Hazard Abatement'District
El Sobrante,Contra.Costa>County,Califoniia
ApPRQVED .
TERRASE�3RCh►,;InG Page 4 of 17
ProjecUN0.034:G3 . Engineers Report7Spaoisfi Trails..., 30 Jtilylook
ENGINEER'S REPORT
for .
ANNEXATION of the SPANISH TRAILS SUBDNISION
to the
HILLCREST HEIGHTS
GEOLQGIG,HAZARD ABATEMENT DISTRICT`
for; lie;
ESTABLISIiIv1ENT.'OF AN:ASSESSMENT LIMIT
LINTRODUCTION:
The Hillcrest Heights Geologic Hazard.Abatement:District ("GHAD,of "DiStnct") was;formed.
under the authority of the�Califomia;Public,Resoiifees.Code,,Division 17,;Section.26500 erseq.
II; SACKGRO.UND
The County of Contra Costa Board;of Supervisors adopted Resolution No..9-329 on July.'23 .
199:6, approving the forrriaticm of the Hillcrest Heights Subdivision 7582 Geologic Hazard
Abatement District ("Hillcrest`Heights GRAD") 'The Board of;Supervisors, acting as the Board
of Directors of the Hillcrest Heiglits.GRAD, adopted Resolution No. 20o8% on-
2008,
n2008 approving the annexationabf the Spaiiish,,Trails subdivision to the,liillcrest Heights'GHAD..
Under'Public Resources Code section126581,the:Board-of`Supervisors then adopted-'Resolution
No, 20081 on , 2008;;approving the annexation of the Spanish Trails:subdivision.
to the Hillcrest Heights,:GHAD;
IgI., GEOLOGIC_IIAZARD.ABATEMENT DISTRICTtOUNDARIES
The bouridar-ie' for the Spaiiish.Trails subdivision,.`are, shown.iri ttie`diagiam:attached hereto as
Exhibit A.
TERRASEARCH, nc. Page"S or 17
Project No 6034 G3 _, EnLrineers:&port/Spanish Trails; 30 Ju Y1160$
`IV. SERVICE LEVEES>
The. Hillcrest Heiglits GHAD provides for activity that is,:necessary or incidental to the
prevention, mitigation; abatement, ,or ..control of ,geologic hazards; including, construction,
maintenance;;repair`;:of operation of,any improvement;:and the=issuance and servicing of.borids
issued to fiiance any,oFthe foregoing.
The Hillcrest Heights; GHAD' provides for;the administration:and.review, of facilities,within,
budgeted limits-- includingthe_following services:
1,;.. Oversight of GHAD actwities.
2 11, w4ju>iction, with the County. Assessor's Office, setting the; annual levy of
assessments on the-property tax.rolls.
3'., keteirition,of geotechnical'professioriaIIs to.perforin the niori toring dirties descr�bed:in
1h&GHAD P-lan-Cointrol for Spanish:Trails.
4.: Performance: of• GHAD maintenance activities in, ::accordance with the Hillcrest
'Heights .GHAD Plan. of.Control for Spanish. Trails. These:maintenance activities
include
• Lined-surface,,drainage ditches:
P, Storm drain inlet;outfalls andpipelines within common areas.
o Sutidrains:
a Ref hi g wall and appurtenant drainage;,facility:ri aintenaiice
o Debris-wall;maintenance:
• Erosion:managemenf
5. Slope_recoristructgn:
6. Preparationof annual•GHAD.budgets.
V: DESCRIPTION'OF'THE GHAD IMPROVEMENTS
The .GHAD improvements.are,described'>in the Hillcrest Heights GHAD':Plan of Control for
Spanish. Trails; dated 27 May 2008., lid; general; improvements include drainage systems
TIRRASEARCH,inc. Regp`6 of°17
P.roiect No:6034:G3 . Engineers;Reuort/Suaiiish,Treils' _ :3OluIy 2008=
(including concrete, v:ditches in open s ace, open-space stoiii drain; inlets and outlets=and
p
subdrains), debris, wall, retaining walls with appurtenant;drainage` sy',steins, natural;slopes;and:
reconstructed slopes:aud any:mpro a rents constructed by the.,l oineow' of re,the builder liar:
constructed a`hod§e on the lot,that are accepted bythe GRAD.
VI: ASSESSMENT METHOD
The improvements referenced in Section V°are distributed within theboundaries of1fie1Spanish
Trails subdivision. The Distngt-,Engineer hereby finds that the,propprtiesi within tl e'Spariish
Trails subaivisign receive.approximately equal special'benefit:from:the vvork and improvements
o f;the_Hillcrest;Heigl is GRAD lViaintenance and protection of these improvements.provide a
special ,benefit;-to, All of'the real:property within;the,subdivision: Asa result; the assessmentis
distributed.equally among all.,of the properties,annexed toahe Hillcrest Heights:GRAD..
The total number of residential.unit's within the Spanish Trails subdivision,is divided into;thee
annual GRAD -Budget to, develop tfie: annual :assessment .amount, A financial analysis was
performed to provide a framework for an operating 'budget for the on-going 'abatement;.
rriitigation;.prevention:and:control of geologic hazards withal the;Spanish Trails subdivision. !In
preparation of the budget;'several factors were considered;including
o Site`geology._P. Proposed--remedial grading.
o Proximity of geologic hazards to proposed;resid,ei ces
Site access considerations;
r Elements requiring routine maintenance including.
I. Surface damage facilities
I Graded and-,natural.slopes
3 Storm drain, nlet&outfalls and,pipelines within common areas
4, Retaining wall and'appurtenan.,d,amage.facility.inai tenance
5. Debris wall maintenance
Erosion•:management.
TER"SEARCH;ii c Page 7 of V
Project No:6039:6,3,. .., =Engi6eers Report/Spanish Trails 30,Juty 2008
VII. ASSESSMENT)GIMIT-`BUDGET
Upon annexation of'the;Spanish Trails subdivision to.the-Hillcrest Mghfsr GRAD, the District
wi11 be.funded byproperty`tax assessments;levied,upon each lot within the boundaries of he
subdivision. The'assessment shall lierleyied ori each indrvdualparcel
Grading and,construction of alLirhprovemevts has been completed The first building,permit was`
issued in July-20.07.. TheGH impro�eirients shall become eligible for.transfer to.the GHAD.,.5;
years after.the assessrieiit has.been corifiirned.
Asummary. 'budgeti was.,,prepared for,the purpose of estimating initial.assessment'`levels and is
attached as Exhibit-B. In order to.�estal l sh a reasonable reserve in the°early;years -following
formation of theCHAD, there,will be an;i utial deferral of GHAD--expenses as descnbed;in the
Plan of Gontrof,
"Administrative Costs
The possible repaif and rhaIiiitenaiice<budget.costs for:the Hillcrest Heights..Subdivision 7582.are.
uriique<to that subdivision and were not considered in our review: However; the.adiniii stfative;
costs;for the Hillcrest'Heights 'GHAD were.considered relevant.and are used for this budget:.
Since the:Spanish,Trails subdivision will be annexed.into the existing Hillcrest:Heights GHAD;
the administration is`ivblace and there will be-some additional-administration associated with the
S"panish'Trail's;subdivision: It z&anticipated,that,the,additional administration costs associated
with the'Stonisli Trails subdivi'siori will be lower than.those currently in place for the Hillcrest"
Heights'Sut;div Sion 75,82. We have applied an;additiorial adiiiinistrati�e"cost of 306%more than
the curr"ei t;yearly.budget, as set-forth'below
General:Manager $5;000:00
County Public Works-Personnel $1;500:00
'Legal 4;Accounting', $, 500,00`
GHAD.Assoc ation;Mernbersh p 7.50:(existing membership)
TOTAL YEARLY ADMINISTRATION BUDGET $7,007:50'
TE,RMSEARCH IxG Page 8 brit
Project,No.6034.G3'. EngineersReport/Spanish`Trails', _. 30 hily.2008,,
NlonitorinE arid`1Vliairitenance::Costs
Based b6 the frequency.of:iriorutoring,outlined in='the Hillcrest:Heights GHAD Plan of Control
for Spanish Trails, the cost`for administrating;;performing the monitoring and minor cleaning
and/or grouting and-preparation of a report:for•one.year°.without.any,major repairs is estimated to
be$8,,7.00,*.,,year andis;itemized'as follows;
I Coordination $ 500`
2. Average four site visits per year(4 visit"s @ 4 hrs/visit.@$1601hrj $"2;560'
3,. Contractor(most likely required..for-simall repair-and cleaning items;
.At�most,one°time per;year,..—.estimate $4;OOQ'
4:. Follow up observation of repair/cleaningwork
1."visiti@ 4 bours @$160/hr $' 6,40
S.: Reporting; I 1000
TOTAL'YEARLY;MONITORING'&MAINTENANCE BUDGET $;8",700
Maior;Repair(s)Costs:
Major repair items will includc.small, in dcrate and large scale soil sluri ps/slides, erosion,
.blockage of surface:and. subsurface, drains, 'damage `to surface ,arid, subsurface drains and
replacementyof'deliris'fences during;an unusually high rainfall;period or earthquake event. The
occurrence of Suchteverits is considered td-be rare; arida precise estimate-cannot;be made at this
.time. Tlie additional cost'with:suclh:repairsr could=range.,fiom $8;000:to $100;000 depending on
the rn4ghitude of the.event(s),,extent oHamage aid-access The flowing estimates are based on
.our experiencewith similar,size repairs that.have;been•performed recently iii the`Ray Area:;It
may be advisable to,set-up an initial fund account or increase;the amount of yearly funds as a
.contingency,to cover py future eventualities:
TERRASFMRCF/,Inc, Page 9 of 117
Project No..6034.G3 ,Engineers,Report/Spanish Trails 30;:iuly4008
However,'for estimating:purposes,,it:is hypothetically-;assumed that one small slump wilLoccur
every 5 years, a,moderate sli&(up to 50,feet'by 30 feet in plan area)will occur every 10 years
and orieaarge scale slide it leas( 00 feei'by 100 feet in plan"area),will occur in 50 years. Qnce a.
large scale shdel is.repaired t e:fikelil ocid of'future instabilities would decrease as a.large area of
the slope would IiaYe;;been.repaired,, The total estimated_cost over 50years, is summarized as
foltows
1. Repair of'v-ditclxes and.othtfAfaihage.facilifies
(.Once every"two years)25,events,@$.2,00 0 $ 50;000
2.. Repair of,Debris_Fence 6 events @$10;000: $ 60,0.00
3. Small'scaleslumps 1:0 events_@$8,000 $ '80,000
4. Moderate=scale;slides 5 events @$40,000 $20.0;000
5. Large scale slide 1 event @$100;000 TO$ 0:000
TOTAL ESTIMATE $490;000
Summary of Costs
The above.cost estimates are for 2008 dollars and an appropriate-inflation rate.of approximately
three percent (30/6) should be•applied. Based on 2008 dollars, the expected total cost over the
next 50years including total administrative costs plus total yearly:monitoring and.maintenance
costs plus the total of-maior-repairs,,is estimated-to be;$1,275;3:75 (50:years x $7007.50 + 50
years.,x $8;700 + $490;000). The $1;275;375 cost spread over 50 years is equivalent to
$25;501:50"per,year wfor all 15 lots and equates to an assessment of $'1 J00.50per lot per year,
Accordingly, the District Engineer recommends an annual assessment limit of $1,700.50 per
:residential unit to be'.levied upon-the. completion.of the annexation process. This limit will
escalate:aiuivally;basel om San.Fraricseo-Qakland San Josei Consumer'P.riceIndex. Please note
these estimated'expenses.are only for-preparing' assessrnent.levies and may not represent actual
posts,of-actual'-specific hazard occurrences or maintenance.
TEMSEARCH,1na Page 10"of 7
Engineers i Report/Spanish�Tra
• ProjecYNo-6034.63' fs 30 Juty 2008 .
. EXHIBIT;A
CHAD Boundary
:Plat and,Legal.Desdript on,
TERRASE4,gj ,lnc -kige 11'.of 17°
Spa usli Trail,Aiir exaf on to GHAD-Geolo&.4azard Abatement Dis�ict
SD.8687
`EXIMIT A
TImiHnd referredlo;is situated;M,w6.-Q6 untyof Contra Costa,,State of Cah£orni'a and is
described'as°'follower:
Atf,that-parcel"of land descnbed,uhAlid deed,taSpanish..Trail LLC,recorded November
2'1,1995,-docuri�eit;no 95=20223Q `Contra Costa";CountyOffic�ul;Reco,_s:deserbed'as
follows.,;
Begiiiriuig at the SouthWestem conifer of said.Spanish:Tai1,LLC.parcel said comer also
being.an he eastern-right of way'li Ye of Valley View Road. Thence,from s9d,point;of
begi.nning along tl e,"te for boundary of said.Spar&h`bail-LLC`,parcel as;follow
South,65°'43'42"East 202.94 ft South'336 13'42"East'15114,14 8oudi446,50'
44'West 13.05 f1 South 45° 56'40";East 1Q0.94:ft; South 34°49' i5,West 0710 ft;
North 860",13' 34"East 96."74 ft, South 38°28'45''Easil 118:14 ft; South,W 28'
45- a#,15.19.ft;.North 42`01 15"East 516:12 ft, North 24°24'45'-'West-400.00 ft
South 58 1'.6';18"West 5,02-74 ft' Noith.42°59' 10"West 185:83 ft,North 600 53'
21"West 195.82 ft;�fo.said'.Eastern right of way line of Valley View Road,'thence;along
said'right ofy
wa _I.ine of Valley View•Road along a curve to the-right having,a centef,that
ben s South77°d4' 57"West a distance of 565.60°ft.;,through.a;central.angle of IVAT
Wl'A'd arc distance of'189.49 ftto tine poihfof boguiniitg,
ConWInJ tg 7.12 acres more or less.
A;P,N No, 433=160-022,,030&059'
ER
La C4
oM 86 . ,-
��6 W s4 f tp f F-f D f& --40,
F
4Z V-9 M Ak,91JOZV9
0in Od
H
o
C4 0, 3 � .
. Q
tv � N Pn ei
�. 00 a
r0 VW)- W . ,s .
Of :1 V-!
It `� Im h DC7
Lnin
p�
Orc
/ m
kn ' .
Protect:No.4034.63 IngineersReporOpafihh Trails 30 July 1008
Q
EXHIBITS
Suriimary of Budge#,Costs.
7ERRASEARCH,.nc. Page 14 of 17
ProjecfNo.4034.G3 Engineers°Report/SpanishTriiiis ..._ 30.Jily:2008
EXHIBIT B
ANNEXATION'OP;SPANISH TYtAII S DEyEIGOPMENT
TO THEMLLCRESTOEIGHTS GRAD.
BUDGET MAy 2008
Assanipt ons.
Total No;ofUnits; 1;5
Total&fidget for'M' ajor'Repair&over•50'Years $490;000.00
Estimated%Aannual`.:Expenses
Average Yearly:Budget for Repairs($490;000/50 yo) $9A o.00
Yearly°Estimatefor Administration $77;007.'.$O:
Yearly fisfimate for Monitoring&'Minor°Maintenance ' 8 700:0'0
.. $25;507:50.
ANNUAL ASSESSMENT PER UNIT $1700S0
"TE'RRASEARC14 Inc Page.15'o 17 _
OmjoctNo.b034.G3. En gin eers'.Report Spanish Trails 30,Ju[y:2008
EXMBIT-C
Notice of Assessment
TER,WEARCH irr� Page Wof 1.7.
Project No.-6034.G3 Endneers:Report%SSanish Tiei!s;, . 30 July.2008;
EXHIBIT C
NOTICK OF ASSESSEMENT'
Pursuant to the requirements of _ ,the-undersigned Clerk.of'the.
Hillcrest Heiglits:Geologic,Hazard Abatement bistrict, State ofCalifornia, hereby:gives.not I ice.
that:,a diagram and assessment were fecorded.in,the." e of'ihe'Couhty Recorder oUContra
Costa .County. as prodded for; mi said section, no"r'e particularly described on that certaiin
assessnierit ding'ram-filed iiiaccord'anee with the:section in Book-, of Maps of
Assessinents and.Community Facilities:Districis at-,Page, _ :in ;thee Gff ce of"the County .
Record6r.of CohtraCosta Countyandz6l4ting;to the following:die cribe&real,property:
The=subdivision generally:acnoyy�i-as Spanish trails;is to be annexed`into.the,Hillcrest Heights
Geologic Hazard Abatement District;.This`subdivision is described Lot-. ut Block_,,.as said lot
and block_are shown on.the,Ivlap of Tract,. . El S.obrfint6j Contra Costa County;.California;
'filed Contra Costa_CouWRecorders.
Notice'is.,further given that upon.the :recording of this notice in the Office of the County
Recorder; the-several assessments:assessed on,the-16ts,.pieces and,parcels shown on said filed
assessment diagram shall:become alien upon the�lots or pp#tons,:of lots'assessed respectively,..
Reference is',made to the assessment,.diagram and assessment.roll recorded: n the office ofthe
County Recorder"of Contra Costa County:.
Dated:
ATTEST:
Owner Notification:
T RRAS6ARCli,Inc Pnge,17_ot`l7
,EXHIBIT, "l
Tabulation ofBallots
J
Public Works_Department
255`Glacier Drive,Martinez..
DATE:; .;>2008
TO; Board of Supervisors acting as,`the Board of Directors,Hillciesf Heights Geologic
Hazard Abatement District
FRONT: lulia,R:.Buerem Public Works Director
SU04jECTi, `Results of`thee,Ballots:Cast'for.the Pfoposed,Assessineint for the-anneked,territory
of the Spanish"Trails''Development'.to the,HillcrestHeights,Geologic Hazard
Al ateinent District
I,Julia R Bueren; Publiq,'Works_Director..for the County of"Contra Costa .State of California,,
'having canvassed the return of all votes:cast fortbd.proposed assessment for-he ahheked
territory ofthe Spanish-Trails Developwment fo the,Hillcrest Heights Geologic Hazard Abatement;.
Drstrict.held d'o hereby.cert6-, the,following to lie a full, true;and co rrect�S.taternentlof
Results of.al] votes_casf;on the following rrieasure,
Annual_Assessment for,the annexed.territory,of the Spanish Trails Development to the
Hiller'est Heights Geologic Hazard.Abatement District,
Yes.. , No
I-f rther-:certify that the;total.,number bf,ballots,cast in theproposed intention to order,.,an
assessment_for the annexed_terr`itory ofthe-Spanish T.ails,Development to the,Hillerest Heights
Geologic Hazard Abatement D sir.ict of said election was and attached hereto are the total
ballots received"for and,against annexation and assessment.:
EXHIBIT3
Notice of Assessment
NOTICE OF, SE$$MENT
P.ursuarit'to the'requrrements of Section_3114 of the Streets andHighways Code,the>
undersiglied,Clerk-ofthe'Hillcrest<Heighis Geologic Hazard Abatement District, State of
California,hereby`grves rioUce that a diagram and assessment were'recorded w the office o f the.
County Recorder of the County of Contra Costa;as.provided;for'irr.said section,,more
particularl" described on that.certarn as"sessment diagram filed in accordance with the section's
y .
Boo k,_'of.Nlaps�of Assessmerits and Community Faciliiies Distncts`at_Page_in.the'Office;
of the County Recorder of the'County of Contra Costa and relating to tfie.following described
real'property<
`Hillcrest Heights.:Geologic Hazard Abatement District:forthe area.generally,
known,,as.the Spamsh Trails subdivision in the El Sobrante area of the
County of;Contra Costa..(shown cn Vesting Tentative Map SD,02 8687):_
Notice ks further given that uponthe`reco drng;of this,notice in'the Office of.,the County
Recorder;the severaf5assessments assessed.,on1the�lots,pieces and.parcels shown on:said;fi'led
assessment diagram shall.become:a liemupon the lots or portions of lots.assessed;
respectively:
Reference is made to the assessment diagram andassessment roll recorded in the office`of
.the County.;Recorder of the County of Contra Costa.
Dated:
.ATTEST:
Owner.Notification:
..fir.
GEOTECHNICAL
ENVIRONMENTAL
E-4- ,J WATER RESOURCES
I N C O R P O R A T E D CONSTRUCTION SERVICES
Project No.
6231.000.000
October 24, 2008
Patricia E. Curtin
Morgan Miller Blair
1331 M California Blvd., Suite 200
Walnut Creek, CA 94596
Subject: Spanish Trail
Subdivision 8687
El Sobrante, California
GHAD ASSESSMENT COMMENTS
References: 1. TERRASEARCH, Inc.; Engineer's Report for Annexation of the Spanish Trails
Subdivision to the Hillcrest Heights Geologic Hazard Abatement District,
El Sobrante,California;July 30, 2008;Project No. 6034.G3.
2. TERRASEARCH, Inc.; Hillcrest Heights Geologic Hazard Abatement District
Plan of Control for Spanish Trails, 5315 Valley View Drive,.El Sobrante, Contra .
Costa County, California; May 27, 2008;Project No. 6034.G3.
Dear Ms Curtin:
As requested, we are providing comments about the Engineer's Report (Reference 1) prepared
for the annexation of the Spanish Trails development into the Hillcrest Heights Geologic Hazard
Abatement District (GHAD). The Engineer's Report describes the GHAD responsibilities and
the assessment level necessary to fund these activities. Our comments in this letter are related
specifically to the minimum 5-year period before the maintenance and monitoring
responsibilities would be eligible for transfer to the Hillcrest Heights GHAD.
As described in the Engineer's Report, the GHAD may accept monitoring and maintenance
responsibilities a minimum of 5-years from the issuance of the first building permit for the
Spanish Trails development. For 'the initial 5-year period, the maintenance and monitoring
responsibilities are the responsibility of the open space property owner, which, we understand, is
a homeowners' association. As stated in the Engineer's Report, the first building permit was
issued in July 2007, -therefore; the earliest that the GHAD would acquire monitoring and
maintenance responsibilities would be July 2012. Assessments collected from property owners
within Spanish Trails during the 5-year period when the Hillcrest Heights GHAD would not have
monitoring and maintenance responsibilities would potentially increase the existing GHAD '
reserve. The currently proposed assessment is $1,700.50 per year.
During a telephone conference call we discussed an alternative whereby the I-Iillerest Heights
GHAD would accept monitoring and maintenance responsibilities within Spanish Trails after
approval of the assessment and completion of the transfer requirements described in the Plan of
2010 Crow Canyon Place•Suite 250•San Ramon,CA 94583-4634•.(925)866-9000•Bax(888)279-2698
www.engeo.corn
Morgan Miller Blair 6231.000.000
Spanish Trails, Subdivision 8687 October 24, 2008
GHAD ASSESSMENT COMMENTS Page 2
Control (Reference 2). In our opinion, the Hillcrest Heights GHAD would be able to accept
maintenance responsibilities described in the -Platt of Control provided that the Spanish Trails
assessments was set at a level that would be sufficient to provide for the anticipated GHAD service
levels within the Spanish Trails development and the existing Hillcrest Heights reserve.
As stated previously, an assessment of $1,700.50 is recommended in the referenced Engineer's
Report to cover GHAD administration, monitoring, maintenance and major repair cost. Also, the
Hillcrest Heights GHAD has an existing reserve of approximately $335,000 and the property
owners within the Spanish Trails development should contribute an equitable share into this reserve.
To allow for the amortization of the Spanish Trails contribution to the Hillcrest Heights GHAD
reserve, we recommend that the assessment be increased by $290 per year. The perpetual increase
in the assessment corresponds to 4-percent of the reserve balance and a total reserve contribution by
the Spanish Trails property owners of approximately $110,000.
If you have any questions regarding the information provided above, please contact us.
Very truly yours,
JENEO Ir corpora e Hr well C IJi i Eliahu
elr/sme
cc: 1 - Mr. John Gioia, Contra Costa County Board of Supervisors and Hillcrest Heights
GHAD Board of Directors
1 -Ms Hillary Heard, Contra Costa County Public Works Department,.-Special Districts
I - Mr. Bill Wigginton, GEOLEX
1 - Mr. Bill Schrader, Spanish Trails Associates, LLC
EXHIBTT 3
Notice of Assessment
NOTICE OF ASSESSMENT
Pursuant to the requirements of Section 3114 of the Streets and Highways Code,the
undersigned Clerk of the Hillcrest Heights Geologic Hazard Abatement District, State of
California,hereby gives notice that a diagram and assessment were recorded in the office.of the
County Recorder of the County of Contra Costa as provided for in said section,more
particularly described on that certain assessment diagram filed in accordance with the section in
Book_of Maps of Assessmentsand Community Facilities Districts at Page_in the Office
of the County Recorder of the County of Contra Costa and relating to the following described
real property:
Hillcrest Heights Geologic Hazard Abatement District for the area generally
known as the Spanish Trails subdivision in the El Sobrante area of the
County of Contra Costa(shown on Vesting Tentative Map SD 02-8687).
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 the County of Contra Costa.
Dated: _
ATTEST:
Owner Notification: