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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-207 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA ACTING AS THE BOARD OF DIRECTORS OF THE WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Resolution on May 7,2002,by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DeSAULNIER, GLOVER and GIOIA NOES: NONE ABSENT. NONE ABSTAIN: NONE RESOLUTION NO.2002/ 07 SUBJECT: Resolution Approving and Adopting Amendments to the Wiedemann Ranch Geologic Hazard Abatement District Plan of Control BACKGROUND A. On May 21, 1985, pursuant to the provisions of Section 26550 of the Public Resources Code, the Board of Supervisors of Contra Costa County(Board)adopted Resolution No. 85/276 declaring the Board is subject to the provisions of Division 17(Sections 26550 et seq.)of said Code,and forwarded a copy of said Resolution of the State Controller. B. On September 1, 1998, the Board adopted Resolution No. 98/438 forming the Wiedemann Ranch Geologic Hazard Abatement District(GRAD)and appointing itself to act as the Board of Directors of the GHAD(GHAD Board). C. On March 21,2000,the GHAD Board was presented with a Petition for Annexation of Subdivision,Tract 8188 (Lyon-Henry Ranch)to the GHAD, including Revision 1 to the Wiedemann Ranch Geologic Hazard Abatement District Plan of Control (Plan of Control). Upon recommendation of the GHADGeneral Manager,the GHAD Board concluded that the Petition and Plan of Control were substantially in the form described in Sections 26552 and 26553 of the Public Resources Code. D. On April 11, 2000, after holding a public hearing, the Board and the GHAD Board adopted Resolution Nos. 2000/166 and 2000/167,respectively,conditionally approving the annexation,with an effective date of June 13, 2000, or such later date as the GHAD Board held a public hearing on a proposed assessment on the annexed property,tabulated the assessment ballots and authorized the assessment. Revision 1 to the Plan of Control was not separately adopted by the GHAD Board. The GHAD Board also adopted Resolution No. 2000/168 proposing to levy the assessment on the annexed property, directing that notice be given, and setting a public hearing. E. On June 13, 2000, the Board and the GHAD Board adopted Resolution Nos. 2000/355 and 2000/356, respectively,correcting Resolution Nos. 2000/166, 2000/167 and 2000/168 to clarify the real property that was annexed to the GHAD. F. Also on June 13,2000,the GHAD Board held a public hearing on the proposed assessment,tabulated assessment ballots,and adopted Resolution No.2000/357 authorizing the levy of the assessment. G. The United States Army Corps of Engineers (COE) has requested several amendments to the Plan of Control. These amendments concern GHAD responsibilities for four wetland frog ponds. RESOLUTION NO.2W2!207 H. William R.Gray and Co.,Inc.,General Manager of the CHAD,has requested amendments to the Plan of Control to make it more readable,easier to administer and bring it in line with current industry practices. The developer of the Henry Ranch portion of the GRAD property has requested additional amendments to clarify the plan of control. I. Upon recommendation of the GHAD General Manager,the GRAD Board concludes that the Plan of Control as amended is substantially in the form described in Sections 26552 and 26509 of the Public Resources Code. J. The amendment of the Plan of Control 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. K. On February 26,2002,the GHAD Board adopted Resolution No.2002/110 giving notice of its intent to approve and adopt amendments to the Wiedemann Ranch Geologic Hazard Abatement District Plan of Control and setting a public hearing to consider objections. Pursuant to the requirements of Resolution No. 20021110, William R. Gray and Company, Inc., General Manager of the District, provided all owners of real property within the boundaries of the District with copies of the notice as well as copies of the proposed update to the Plan of Control. L. By memorandum dated March 26, 2002, the General Manager provided the Board with a copy of a March 6, 2002 letter from Daniel J. Curtin, a representative of the developer of the Henry Ranch portion of the GHAD. Said memorandum suggested a number of minor modifications to the proposed amendments to the Plan of Control in response to the letter from Daniel Curtin as well as two minor changes suggested by the General Manager. M. On April 9,2002,the GHAD Board held a public hearing to consider objections to the amendments to the Plan of Control. Prior to the hearing,the General Manager submitted a letter from Phil and Pam Henry into the record raising concerns with access to a proposed habitat mitigation area adjacent to the Henry Ranch portion of the District. The General Manager also advised the Board that he had received a verbal request from Michael O'Hara, Assistant Vice President of Toll Brothers, Inc. requesting additional time to review the proposed amendments to the Plan of Control. After the Board Chair opened the public hearing and asked for comments, the General Manager recommended that the Board continue the hearing to a time and date certain to allow their office time to respond to the letter from Phil and Pam Henry and to allow addition time for Toll Brothers,Inc. to review the proposed amendments to the Plan of Control. N. By memorandum dated April 23, 2002, the General Manager provided the Board with a response to the letter from Phil and Pam Henry advising that said letter raised no objections to the proposed amendments. O. On May 7,2002,the GHAD Board closed the public hearing to consider objections to the proposed amendments to the Plan of Control. ACTION NOW,THEREFORE,THE GHAD BOARD HEREBY RESOLVES AND ORDERS,AS FOLLOWS. 1. The GHAD Board approves and adopts the amendments to the Plan of Control accepted on February 26,2002. 2. The GHAD Board approves and adopts the additional amendments to the Plan of Control that were suggested by William R. Gray and Company, Inc. in the attached March 26, 2002 memorandum to the Board in response to changes proposed by the developer of the Henry Ranch portion of the GRAD property that were submitted by way of a letter from Daniel J.Curtin dated March 6,2002. 3. This resolution shall take effect immediately upon its adoption. I hereby certify that this is n true and correct RasoLvnoxNO.2002/207 copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: I JOHN SWEETEN, Cierk of the Board a u ervleors andCots t Administrator By Deputy TO: .Board of Supervisors as the Board of Directors of the Wiedemann Ranch Geologic Hazard Abatement District FROM: William R. Gray and Company,Inc., General Manager Wiedemann Ranch Geologic Hazard Abatement District By: William Gray,President DATE: March 26, 2002 SUBJECT: Proposed Amendment Number 1 to the Wiedemann Ranch Plan of Control On February 26, 2002, your Board accepted Resolution No. 2002/110 giving notice of its intent to approve and adopt amendments to the Wiedemann Ranch Geologic Hazard Abatement District (GRAD) Plan of Control and set May 7, 2002 as the date of a public hearing to consider any objections to the Plan of Control. As directed by Resolution No. 2002/110, all of the owners of real property within the boundaries of the District were notified of the proposed hearing and provided with copies of the proposed update to the Plan of Control. Copies of the proposed update of the Plan of Control were made available for public review in the office of the General Manager(William R. Gray and Company, Inc., Walnut Creek, California,), at the Contra Costa County Public Works Department offices in Martinez and at GHAD Director Donna Gerber's office in Danville. As of March 26, 2002, only one written comment was received. Daniel J. Curtin, representing the developer of the Henry Ranch portion of the GHAD submitted comments by letter dated March 6, 2002 suggesting a number of revisions intended to clarify that the developers of the land within the boundaries of the District are responsible for all GHAD activities, and not just financially responsible, until the responsibility for all of the GHAD activities automatically transfers to the District pursuant to the Plan of Control. A copy of Mr. Curtin's letter is attached for your information and reference. We have reviewed the changes requested by Mr. Curtin and would recommend that all of the proposed changes be included in the final Plan of Control with the exception of language that would allow the original developers to satisfy their responsibilities for all GHAD and GHAD related activities prior to the date of automatic transfer by entering into an agreement with the District for the performance of GRAD and GHAD related activities by the District at the expense of the developer. While our office may ultimately recommend approval of such an agreement, we do not recommend that language authorizing such agreements be included in the proposed update to the Plan of Control. Authority to enter into an agreement such as this is provided for in the Procedures for Awarding of Contracts for Wiedemann Ranch Geologic Hazard Abatement District Repair, Maintenance and Improvement Projects and for Professional and Support Services approved by Resolution 2002/178 on March 26, 2002. In addition to the above, our office would recommend that your final action to approve and adopt the proposed update to the Plan of Control include the following changes intended to clarify the document: 1. On page 4, second paragraph — clarify that there is no common boundary between the Henry Ranch Project and the Wiedemann Ranch project. 2. Add language indicating that debris benches within the boundaries of the District will be maintained at the discretion of the General Manager. We plan to be present at the scheduled April 9, 2002 hearing and will provide your Board with any written comments received subsequent to preparation of this memorandum. We will also be prepared to respond to any questions or comments that might be received during the hearing. If you have any questions or would like any additional information,please contact me at(925) 947-1966. WRG:sr G:\GrpData\SpDist\Board orders\2002\04 April\04-04-02 Bo Wiedemann.doc Attachments cc: M.Shiu,CCCYWD Director TO: Board of Supervisors as the Board of Directors of the Wiedemann Ranch Geologic Hazard Abatement District FROM: William R. Gray and Company, Inc., General Manager Wiedemann Ranch Geologic Hazard Abatement District By: William Gray, President DATE: April 23, 2002 SUBJECT: Responses to comments received at April 9, 2002 hearing On April 9, 2002, your Board opened the public hearing to consider objections to the amendments to the Plan of Control. Immediately prior to the hearing, our office presented a letter from Phil and Pam Henry that raised concerns with respect to issues related to access to a proposed habitat mitigation area adjacent to the Henry Ranch portion of the District. We also advised Michael O'Hara, Assistant Vice President of Toll Brothers, Inc. had verbally requested additional time to review the proposed amendments to the Plan of Control. After the public hearing was opened, our office recommended that the hearing be continued to a time and date certain to allow our office time to respond to the letter from Phil and Pam Henry and to allow addition time for Toll Brothers, Inc. to review the proposed amendments to the Plan of Control. We have reviewed the letter from Phil and Pain Henry (copy attached). The letter raises concerns regarding a proposed access easement to a habitat mitigation pond that is located to the rear of the Henry Ranch portion of the District. While the District will be responsible for maintenance of the habitat mitigation pond under the proposed amendments to the Plan of Control, the letter does not raise any concerns or objections to the proposed amendment to the Plan of Control. We have been working with the Henry's, the City of San Ramon and the developer of the Henry Ranch portion of the project to address the issues raised by the Henry's. Since the issues raised in their letter do not affect the proposed amendments to the Plan of Control, no additional changes or modifications to the proposed amendments are recommended. As of the date of this memorandum, no additional comments have been received from Toll Brothers, Inc. regarding the proposed amendments to the Plan of Control. Immediately prior to the April 9, 2002 hearing, Michael O'Hara, Assistant Vice President of Toll Brothers, Inc. had requested that the General Manager segregate expenditures related to Major Repair projects between the Henry Ranch and the Wiedemann Ranch portions of the District. Our office has agreed to provide this information with the annual expense reports that are developed for the District and no changes or modifications to the proposed amendments to the Plan of Control are necessary. We plan to be present at the continuation of the hearing on May 7, 2002 and will provide your Board with any written comments received subsequent to preparation of this memorandum. We will also be prepared to respond to any questions or comments that might be received during the continued hearing. If you have any questions or would like any additional information,please contact me at(925) 947-1966. wao:sr Attachments cc: M.shiu,CCCPWD Director Phil and Pam Henry Michael O'Hara,Toll Brothers,Inc. r Philip N. Henry 100 Henry Lane San Ramon, CA W83 April 8,2002 Ref.APN 211-020-026 Board of Directors Wiedemann Ranch CHAD Gentlemen: We have reviewed the draft amendment of the Plan of Control for the Weidemann Ranch CHAD and have found it acceptable to us as owners of a 106 acre parcel of land just west of the Henry Ranch subdivision. Our involvement in the district seems to revolve around several mitigation wetland frog ponds located on.the property. We have concerns about the safe access to these ponds through our property. Among the issues are: 1 the developer,William Lyon Homes installed a rail car bridge across Oak Creek without required permits from Contra Costa County.This bridge has neither footings nor guardrail. 2.The road was not properly graded, causing erosion and silting of Oak Creek and could fail in several areas, Part of the road is not wide enough to comply with fire department requirements to access the frog pond area. We are looking to either the CHAD or the developer to improve grading, road and bridge to whatever standards are set forth by the County or fire department conceming the access to these ponds for repair or inspection. Pam Henry /V-A- 44�- Phi( Henry I'IHY-eb•-;dbW;e Ve:2t> TOLL BROTHERS-MR CRL 925 855 9927 P.02/02 `.boll `:ffro , `Inc, America's Luxury Home ,Builder 0 May 6,2002 William R Gray William R.Cray and Company General Manager Wiedemann Ranch Geologic Hazard Abatement District 1820 Bonanza Street Walnut Creel;CA 94596 Y!"EI,MRED BA FACSMIL E: ( -3177 RE: Plan of Control Dear Mr.Gray: We appreciate your allowing us to review the Plan of Control for the Wiedemann Ranch. Geologic Hazard Abatement District. We have reviewed the Plan of Control and have been able to have our concerns addressed satisfactorily. Although you have indicated that a revision to the Plan of Control is unnecessary to effect this, we understand from your April 23, 2002 memo to the Board that you have agreed that any expenditures for major repairs will be segregated between the Norris Canyon Estates and Henry Ranch areas. Please call me if you have any fiuther questions regarding this matter. Thank you. Sincerely, TOLL BROTHERS Ill1C` Micha S.0 Assistant Vice President MSO:tl New York Stock Exchange • Symbol TOL 100 Park Place,Suite 140 ■ San Raman,CA 94583 Telephone(925)855.•0260 • Fax(925)855--9927 TOTAL P.02