HomeMy WebLinkAboutMINUTES - 03072000 - C.11 TO: BOARD OF SUPER4'ISORS AS THE BOARD OF DIRCTORS, WIEDEMANN RANCH Yr
GEOLOGIC HAZARD ABATEMENT DISTRICT (CHAD)
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: MARCH 7, 2000
SUBJECT: ADOPT ANNEXATION PROCEDURES, WIEDEMANN RANCH GHAD, SAN RAMON,
CALIFORNIA.(WO#5010)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
ADOPT policy outlining procedures to be followed by parties desiring to annex property into the
Wiedemann Ranch CHAD, San Ramon Area.
I1. Financial lmaact:
No impact on the County General Fund. The Wiedemann Ranch GHAD is funded through special
assessments on properties within the boundaries of the Wiedemann Ranch GRAD. Under the proposed
policy, any property annexed would be required to demonstrate that said annexation would not impact
existing GRAD operations. All annexation costs will be paid for by the developer.
JIV,
Continued on Attachment: SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
—APPROVE —OTHER
SIGNATURE (S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED r7 OTHER
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.
VTOF SUPERVISORS
UNANIMOUS(ABSENT NONE 1
AYES: NOES: ATTESTED: 2000
ABSENT: ABSTAIN: PHIL BATCHELOR,Clerk of the Board of Supervisors and County
SIR& Administrator
�1PWS41SHARDATA1CrrpData15pDist\Board Orde sl200013 MarchMARI)ORD 3-7.00.doc
Orig.Div: Public Works(Special Districts)
Contact; Skip Epperly(313-2253)
cc: County Administrator B 641—J Deputy
Assessor y
Auditor-Controller
Community Development
County Counsel
Blackhawk CHAD
Clo William Gray&Co,1820 Bonanza Street,#204,Walnut Creek,CA 94594
SUBJECT: ADOPT .ANNEXATION PROCEDURES, WIEDEMANN RANCH GHAD, SAN RAMON,
CALIPORNIA.(WO# )
DATE: MARCH 7, 2000
PAGE 2
III. Reasons for Recommendations and Background:
The developer of a subdivision within the City of San Ramon inquired with the General Manager as to the
feasibility of annexing his proposed project (Subdivision 8188) into the Wiedemann Ranch GHAD. The
City, as a condition of approval of the project, is requiring either formation of a new CHAD or annexation
to an existing GRAD. Because the property is relatively small (approximately 100 units) and contiguous
to the existing GHAD, the General Manager committed to working with the Developer to explore the
feasibility of the proposal. In order that such requests may be received,processed,reviewed and acted upon
in a uniform and timely manner,the General Manager prepared and is recommending that the Board approve
the attached policy on annexations to the Wiedemann Ranch GRAD.
IV. Consequences of Negative Action:
Without Board approval, the General Manager would not have any Board policy on proposals to annex
property into the Wiedemann Ranch GRAD.
Wiedemann Manch CHAD
Policies & Procedures related to Annexations
Section 26550 et seq. of the Public Resources Code provides procedures for formation of
Geologic Hazard Abatement Districts(GHAD).
The procedures for annexing property into an already formed CHAD are generally the
same as those for establishment of a new GRAD except that, in the case of annexations,
the Board of Directors assumes the responsibilities of the legislative body that ordered
formation of the GHAD.
Requests for annexation of property into the Wiedemann Ranch GHAD may arise as
follows:
1. Developer Initiated (generally undeveloped property). A developer and/or the
owner of a property that is proposed for development may petition the Board to
annex property into the District in order that, in the future, the subdivided parcels
can receive geologic hazard abatement services.
2. Property Owner Initiated(generally developed property). A property owner
(or group of property owners)may petition the Board to annex into the district in
order that the existing subdivided property can receive geologic hazard abatement
services.
3. Board of Directors Initiated. The Board of Directors of the GHAD can, by
Resolution, initiate proceedings to annex property into the CHAD.
Background. On September 1, 1998 the Contra Costa County Board of Supervisors
adopted Resolution No. 98/438 forming the Wiedemann Ranch Geologic Hazard
Abatement District(GHAD). The Contra Costa Board of Supervisors serves as the Board
of Directors of the CHAD. The Clerk of the Board of Supervisors also serves as the clerk
of the Board of Directors of the GHAD.
On October 20, 1998, the Board of Supervisors, acting in its capacity as the Board of
Directors of the Wiedemann Ranch GHAD adopted Resolution No. 98/537 and
confirmed special assessments on property within the boundaries of the Wiedemann
Ranch CHAD.
On December 15, 1998, the Board of Directors appointed William.R. Gray and
Company, Inc. General Manager of the CHAD.
Procedure. In order that annexation requests may be received, processed, reviewed and
acted upon in a uniform and timely manner, the Board hereby adopts the following
general policy with respect to annexations.
1. Annexation proceedings shall be initiated either by a Resolution adopted by the
Board, or by a petition signed by owners representing not less than 10% of the
Wiedemann Ranch CHAD page 1 of 6
Annexation Policy`
property proposed to be annexed. The signature(s) on the petition shall be dated
and include information sufficient to identify the signature(s) as that of the
owner(s) of land within the area proposed to be annexed.
2. Except when waived in writing by the General Manager or approved by the Board
of Directors, and not otherwise required by state law, the following information
shall be submitted to the Board of Directors by the applicant along with any
petition for annexation:
a. A statement that the petition for annexation is made pursuant to Division
17 of the California Public Resources Code.
b. A detailed map of the area to be annexed showing property boundaries,
proposed development areas, areas proposed to be maintained as open
space and assessor's parcel numbers. The area proposed for annexation
into the CHAD shall be clearly identified. A plat map and legal
description of the area to be annexed shall be provided in a form
acceptable to the General Manager.
c. The applicant will supply copies of any and all existing geotechnical
and/or engineering reports,of which the applicant is aware,prepared in
conjunction with any current or prior development proposals on the
property.
d. A proposed Plan of Control,within the meaning of Public Resources Code
§ 26509,prepared by a certified engineering geologist describing in detail
the specific geologic hazard(s) within the area to be annexed which the
owners are requesting that the GHAD prevent, mitigate, abate or control
and providing a plan therefore. If so requested by the General Manager,
the applicant may be required to submit the proposed Plan of Control in
the form of an amendment to the GHAD's existing Plan of Control.
e. If the proposed Plan of Control identifies facilities or activities that the
applicant proposes that the GHAD be responsible for installing and/or
maintaining(drainage facilities; flood control detention or retention
basins; retaining walls; open space or other facilities (or activities)); etc,
the applicant shall provide detailed drawings of said facilities, including
engineering plans and/or other documentation as may be appropriate.
f: An analysis of the additional expense(s) anticipated to be incurred by the
CHAD in preventing, mitigating, abating or controlling said geologic
hazard(s)within the area to be annexed.
g. A report prepared by a certified public accountant, or other professional
possessing similar qualifications, to determine the financial situation of 1)
the existing CHAD, including it's funding methodology and reserve
accounts and 2)the area proposed to be annexed. This report shall include
recommendations as to how CHAD operations in the area proposed for
annexation should be funded including bonds and/or annual assessments
which the CHAD will need to receive from the area proposed to be
Wiedemann Ranch CHAD page 2 of b
Annexation Policy"
G�if
annexed in order to provide the services identified in the proposed Plan of
Control.
h. A report prepared by a certified public accountant, or other professional
possessing similar qualifications, to determine the level of financial
contribution that the owners of the property proposed to be annexed
should be required to pay into the existing reserve fund of the GHAD as
seed funding for the additional reserve amount that will be needed for the
area to be annexed. At a minimum, the calculation of the amount of
contribution to the reserve account shall consider the following:
i. The geographical size of the area proposed to be annexed in
relation to the size of the existing CHAD; and
ii. An estimate or projection of the financial resources that the GHAT)
will require to respond to potential conditions and anticipated
damage in the new area in the future due to the geologic hazard(s)
identified in the proposed Plan of Control.
i. if applicable, copies of the conditions of approval for the project, from the
approving agency, indicating the requirement to form(or annex to) a
CHAD. The applicant shall provide copies of the approved tentative map
and/or site plans as well as grading and site improvement plans and
documentation of any required environmental mitigations that might
impact the GHAD's ability to prevent,mitigate, abate or control the
specific geologic hazard(s) identified in the proposed Plan of Control. The
applicant shall provide copies of any state and/or federal agency permit
requirements that might impact the GHAD's ability to prevent,mitigate,
abate or control the specific geologic hazard(s) identified in the proposed
Plan of Control.
j. A formal Resolution from the governing body of the City and/or County
(if appropriate)in which the property is located in support of the proposed
annexation. Said resolution shall indicate the agency's willingness to: 1)
support the operations of the CHAD, and: 2)when appropriate,issue the
necessary permits and approvals to the GHAD as may be required to
prevent, mitigate, abate or control the specific geologic hazard(s)
identified in the proposed Plan of Control.
k. A right-of-entry to allow CHAD personnel to inspect the property prior to
annexation and a statement(or description of procedures) describing how
GHAD personnel will have access to individual properties for the purpose
of investigating, evaluating,preventing, mitigating, abating and/or
controlling the geologic hazard(s) identified in the proposed Plan of
Control, once the annexation is approved.
1. Such compensatory fees as may be applicable to the filing,processing and
hearing of the petition and any financing for the services to be provided to
the annexed area.
Wiedemann Ranch CHAD page 3 of
Annexation Policy`
3. Upon receipt of the petition and accompanying information, the Board Clerk shall
place it on the agenda for the first regular Board meeting following the Clerk's
determination that the petition substantially complies with the requirements of
Public Resources Code §§ 26551 and 26552. To make this determination, the
Clerk may refer the petition to the General Manager for review, evaluation and
recommendation.
4. The General Manager's review, evaluation and recommendation shall do the
following:
a. Evaluate the petition to determine if is substantially in the form required
by Public Resources Code §§ 26551, 26552, 26553 and 26555, and
b. Evaluate the proposed Plan of Control to determine if it complies with the
requirements of Public Resources Code §§ 26509 and 26553, and
c. Evaluate the reports and materials submitted in compliance with
paragraphs 2. a. though 1. above to recommend whether they are complete
and sufficient, and
d. Present his findings and recommendations to the Clerk of the Beard.
5. If the Clerk determines that the petition does not comply with the law, the Clerk
must give written notice to the landowner whose signature appears first on the
petition. A supplemental petition curing the defects may be submitted to the
Clerk within 10 days of the date of the mailed notice.
6. Upon the Clerk's presentation of a sufficient petition and the applicant's
compliance with the matters set forth herein, the Board shall adopt a resolution
setting a public hearing on the petition and directing the Clerk to give notice. The
Clerk must notice the public hearing at least 20 days before the hearing date.
Notices must be mailed first-class,postage prepaid, to each owner of real property
to be annexed and include:
a. The time, date and place of the public hearing; a brief description of the
purpose of the hearing; the location where the Plan of Control can be
reviewed or duplicated; the address where objections to the proposed
annexation can be mailed or delivered up to and including the time of the
hearing.
b. A copy of the petition may be included.
7. At any time up to the time of the hearing, any owner(s)of real property in the area
to be annexed may make a written objection to the proposed annexation. The
objection must be signed by the property owner(s) and contain a description of the
owner(s) land by lot, tract and map number. If the person who signs the objection
is not shown on the assessment role last equalized by the County as the owner(s)
of the subject real property, the written objection shall be accompanied by
evidence sufficient to indicate that the person is the owner of the property.
8. The Board shall open the public hearing on the date and at the time noticed by the
Clerk. During the hearing, the Board shall be presented with any written
objections.
wiedernann Ranch GRAD page 4 of 6
Annexation Policy'
a. The Board may adjourn the hearing but not to exceed 60 days from the
date first noticed.
b. If owners of more than 50% of the assessed valuation of the land to be
annexed object to annexation, the Board shall close the hearing and
terminate the annexation proceedings.
9. When considering the proposed annexation and the adoption of resolution of
approval, the Board may review some or all of the following factors and items.
a. Whether the petitioner has complied with all of the requirements of the
Public Resources Code Sections 26550 et. seg. and 26561 et. seq..
b. Whether the GHAD has sufficient administrative personnel and technical
support necessary to assume the proposed CHAD responsibilities within
the area to be annexed and whether any increase in administrative and/or
support costs resulting from the annexation will borne by the property
owners in the area to be annexed.
c. Whether the specific type(s)of geologic hazard(s) identified in the
proposed Plan of Control for the area to be annexed are either identical, or
very similar to, the particular geologic hazard(s) identified in the existing
Plan of Control for the CHAD.
d. Whether the area to be annexed is either contiguous or, in the opinion of
the General Manager, sufficiently close in proximity to the GHAD so that
the CHAD can efficiently provide the requested services to the new area.
e. Whether, in the case of a proposed annexation of undeveloped property,
the governing body of the City and/or County(if appropriate) has passed a
resolution in support of the annexation.
f Whether sufficient fees and/or assessments necessary to prevent, mitigate,
abate or control the specific geologic hazard(s) identified in the proposed
Plan of Control and to administer operation of the CHAD consistent with
the Plan of Control can be legally levied on properties within the
boundaries of the area to be annexed.
g. Whether the proposed or recommended financial contributions, from the
property owner(s)within the area to be annexed, to the reserve fund of the
existing GHAD is reasonable and sufficient to support the proposed
GHAD operations.
10. At the same time as the Board conducts the public hearing to consider whether the
proposed annexation should be approved, the Board may also conduct a public
hearing to consider the levying of special benefit assessments or other methods of
financing the additional expenses anticipated to be incurred by the CHAD in
providing services to prevent, mitigate, abate, or control geologic hazards within
the area proposed to be annexed as defined in the Plan of Control. If special
benefit assessments are proposed, the notice and public hearing shall comply with
the Right to Vote on Taxes Act(Cal. Const., art. XIII, § 4) and implementing
statutes.
Wiedemann Ranch GHAD page 5 of 6
Annexation Policy`
11. Pursuant to section 26581, an annexation shall not become final until the Contra
Costa Board of Supervisors, as the body that ordered formation of the Wiedemann
Ranch GHAQ, adopts a resolution approving the annexation.
12. If desired, the Board may provide that the annexation shall not become final until
the special benefit assessments or other method of financing the services to be
provided to the annexed area have been duly approved, as required by law. In
addition, the Board may apply to the annexation any other conditions that the
Board deems necessary or desirable.
Wiedemann Ranch GHAD page 6 of 6
Annexation Policy'
Co wry `,
RECEIVED
MCCUTCHEN,DOYLE,BROWN&ENERSEN,LLP MAR 0 3 2000
CLERK BOARD OF SUPERVISORS
NT A COUA CO.
March 2, 2000 Direct: (925)975-5329
kmcdonald@mdbe.com
Our File leo. 17700-011
VIA FACSIMILE
William R. Gray
President
William R. Cray and Company
1820 Bonanza Street, Suite 204
Walnut Creek, CA 94596
Henry Ranch Property Annexation to the Wiedemann
Ranch CHAD
Dear Mr. Cray:
Pursuant to our telephone conference on February 29, 2000, this letter
responds to your request for documentation of Petitioners' compliance with the requirements
of Procedure number 2 of the Wiedemann Ranch CHAD "Policies and Procedures Related to
Annexations" (copy attached) (hereinafter "Annexation Policy"). In support of the Petition
for annexation of the Henry Ranch Property to the Wiedemann Ranch GHAD, Petitioners
have provided or will provide the following:
Item Number Item Description Status
2.a. Statement that Petition is Already provided.
made pursuant to Public
Resources Code.
2.b. Map of area to be annexed; Already provided.
plat map; legal description.
2.c. Geotechnical report To be provided by Fngeo,
describing geotechnical Inc.
features of the property to be
annexed, and copies of any
ATTORNEYS A T L A W 1333 N. California Blvd., Suite 210 San Francisco Palo Alto
P.O.Box Los Angeles Taipei
Walnut Creek, CA 94596-1270 Walnut Creek
TeL (925) 937-8000 Fax(925) 975-5390
www.mccutchen.com
William R. Gray
March 2, 2000
Page 2
other such reports concerning
the property.
2.d. Plan of Control. Already provided.
2.e. Other facilities identified by Detailed plans and
Plan of Control for which information concerning the
CHAD will be responsible. detention basin and the
mitigation (frog)ponds to be
provided by P/A Design
Resources, Inc.
21 Analysis of additional To be provided by Engeo,
expenses to be incurred by Inc.
CHAD to address geologic
hazards in area to be
annexed.
2,g. Funding methodology and Report and budget to be
reserve accounts for existing provided by Engeo, Inc.
GHAD and for area to be
annexed, including proposed
annual assessment,
justification for
difference/sameness between
assessment on existing
GHAD property and on
property to be annexed.
21. Determination of financial To be provided by Engeo,
contribution into GHAD Inc.
reserve to be made by owners
of property to be annexed.
2,i. Conditions of approval, Conditions of approval:
approved tentative map, site already provided,
plans, grading and site
improvement plans; required Full set of plans and
specifications for Henry
William R. Gray
March 2, 2000
Page 3
environmental mitigations; Ranch Project: to be
state/federal agency permit provided by P/A Design
requirements. Resources, Inc.
Required environmental
mitigations: already
provided for mitigation
(frog) ponds.
State/federal agency permit
requirements: already
provided for mitigation
(frog) ponds.
2.j. .Formal resolution from City. Letter of request to City
dated 2/18/00 already
supplied.
21. Right-of-entry of CHAD Individual properties: entry
onto individual properties to be granted per CC&R's
and onto mitigation(frog) currently being drafted by
ponds. McCutchen, Doyle, Brown&
Enersen.
Mitigation (frog) ponds: to
be granted per § 3 of Third
Amendment to Purchase
Agreement and Escrow
Instructions (draft attached).
2.1. Filing,processing and Filing,processing and
hearing fees, and financing hearing fees to be provided.
for services to the annexed
area. Financing for services to the
annexed area to be discussed
in accordance with Condition
of Approval 28.
William R. Gray
March 2, 2000
Page 4
The Annexation Policy requires that the preceding items be submitted by the
Petitioner along with the petition for annexation unless waived in writing by the General
Manager. As you know, we have discussed a few minor deviations from the Annexation
Policy. Accordingly, we request that you provide a written waiver of the following
requirements:
• You have told us that you need the items specified in 21, 2.g and 2.h as
soon as possible,but will not need the rest of the items before March 14, the date that the
petition for annexation has been placed on the Board's agenda. We will provide the
information required by 2.f, 2.g and 2.h in the next few days, and will make every effort to
supply as much of the remaining information as possible before March 14.
• Previously, we have discussed that our letter to the City of San Ramon
dated February 18, 2000 will meet the requirement in 2,j for the time being, you will not
need a formal resolution from the City until the Board is ready to approve the annexation.
• Procedures 2.g and 2.h require certain reports to be prepared by a
"certified public accountant or other professional possessing similar qualifications." We
request that you deem Engeo, Inc. to meet this requirement.
Thank you for your ongoing time and attention to this matter.
Sincerely,
Kathleen A. McDonald
Enclosures
cc: Clerk, Contra Costa County Board
of Supervisors in its capacity as
Wiedemann Ranch CHAD
Board of Directors
Nancy Harlan
Doug Bauer
Mike McMillen
Cecily Talbert
Dan Curtin
William R. Gray - "
March 2, 2000
Mage 5
Uri Eliahu
Jim Parsons
Wiedemann Ranch CHAD
Policies & Procedures related to Annexations
Section 26550 et seq. of the public Resources Code provides procedures for formation of
Geologic Hazard Abatement Districts(CHAD).
The procedures for annexing property into an already formed GHAD are generally the
same as those for establishment of a new GHAD except that, in the case of annexations,
the Board of Directors assumes the responsibilities of the legislative body that ordered
formation of the GHAD.
Requests for annexation of property into the Wiedemann Ranch GRAD may arise as
follows:
1. Developer Initiated(generally undeveloped property). A developer and/or the
owner of a property that is proposed for development may petition the Board to
annex property into the District in order that in the future the subdivided parcels
can receive geologic hazard abatement services.
2. Property Owner Initiated (generally developed property). A property owner
(or group of property owners)may petition the Board to annex into the district in
order that the existing subdivided property can receive geologic hazard abatement
services.
3. Board of Directors Initiated. The Board of Directors of the GHAD can,by
Resolution, initiate proceedings to annex property into the GRAD.
Background. On September 1, 1998 the Contra Costa County Board of Supervisors
adopted Resolution No. 98/438 forming the Wiedemann Ranch Geologic Hazard
Abatement District(GHAD). The Contra Costa Board of Supervisors serves as the.Board
of Directors of the GHAD. The Clerk of the Board of Supervisors also serves as the clerk
of the Board of Directors of the CHAD.
On October 20, 1998, the Board of Supervisors, acting in its capacity as the Board of
Directors of the Wiedemann Ranch GRAD adopted Resolution No. 98/537 and
confirmed special assessments on property within the boundaries of the Wiedemann
Ranch GRAD.
On December 15, 1998, the Board of Directors appointed William R. Gray and Company,
Inc. General Manager of the GHAD.
Procedure. In order that annexation requests may be received,processed,reviewed and
acted upon in a uniform and timely manner, the Board hereby adopts the following
general policy with respect to annexations:
Wiedemann Ranch CHAD page i of 6
Annexation Policy
1. Annexation proceedings shall be initiated either by a Resolution adopted by the
Board, or by a petition signed by owners representing not less than 10%of the
property proposed to be annexed. The signature(s) on the petition shall be dated
and include information sufficient to identify the signature(s) as that of the
owner(s)of land within the area proposed to be annexed.
2. Except when waived in writing by the General Manager or approved by the Board
of Directors, and not otherwise required by state law, the following information
shall be submitted to the Board of Directors by the applicant along with any
petition for annexation:
a. A statement that the petition for annexation is made pursuant to Division
17 of the California Public Resources Code.
b. A detailed map of the area to be annexed showing property boundaries,
proposed development areas, areas proposed to be maintained as open
space and assessor's parcel numbers. The area proposed for annexation
into the CHAD shall be clearly identified. A plat map and legal
description of the area to be annexed shall be provided in a form
acceptable to the General Manager.
c. The applicant will supply copies of any and all existing geotechnical
and/or engineering reports, of which the applicant is aware,prepared in
conjunction with any current or prior development proposals on the
property.
d. A proposed Plan of Control,within the meaning of Public Resources Code
§ 26509,prepared by a certified engineering geologist describing in detail
the specific geologic hazard(s)within the area to be annexed which the
owners are requesting that the CHAD prevent,mitigate, abate or control
and providing a plan therefore. If so requested by the General Manager,
the applicant may be required to submit the proposed Plan of Control in
the form of an amendment to the GHAD's existing Plan of Control.
e. If the proposed Plan of Control identifies facilities or activities that the
applicant proposes that the CHAD be responsible for installing and/or
maintaining(drainage facilities; flood control detention or retention
basins;retaining walls; open space or other facilities (or activities)); etc,
the applicant shall provide detailed drawings of said facilities, including
engineering plans and/or other documentation as may be appropriate.
f. An analysis of the additional expense(s)anticipated to be incurred by the
GRAD in preventing,mitigating, abating or controlling said geologic
hazard(s)within the area to be annexed.
g. A report prepared by a certified public accountant, or other professional
possessing similar qualifications,to determine the financial situation of 1)
the existing GHAD, including it's funding methodology and reserve
accounts and 2)the area proposed to be annexed. This report shall include
Wiedemann Manch GHAD page 2 of 6
Annexation Policy
recommendations as to how GRAD operations in the area proposed for
annexation should be funded including bonds and/or annual assessments
which the GRAD will need to receive from the area proposed to be
annexed in order to provide the services identified in the proposed Plan of
Control.
h. A report prepared by a certified public accountant, or other professional
possessing similar qualifications,to determine the level of financial
contribution that the owners of the property proposed to be annexed
should be required to pay into the existing reserve fund of the CHAD as
seed funding for the additional reserve amount that will be needed for the
area to be annexed. At a minimum, the calculation of the amount of
contribution to the reserve account shall consider the following:
i.The geographical size of the area proposed to be annexed in
relation to the size of the existing CHAD; and
ii. An estimate or projection of the financial resources that the
CHAD will require to respond to potential conditions and
anticipated damage in the new area in the future due to the
geologic hazard(s) identified in the proposed Plan of Control.
i. If applicable, copies of the conditions of approval for the project, from the
approving agency, indicating the requirement to form(or annex to) a
GHA.D. The applicant shall provide copies of the approved tentative map
and/or site plans as well as grading and site improvement plans and
documentation of any required environmental mitigations that might
impact the GHAD's ability to prevent,mitigate, abate or control the
specific geologic hazard(s) identified in the proposed Plan of Control. The
applicant shall provide copies of any state and/or federal agency permit
requirements that might impact the GHAD's ability to prevent,mitigate,
abate or control the specific geologic hazard(s) identified in the proposed
Plan of Control.
j. A formal Resolution from the governing body of the City and/or County in
which the property is located in support of the proposed annexation. Said
resolution shall indicate the agency's willingness to: 1) support the
operations of the CHAD, and: 2)when appropriate, issue the necessary
permits and approvals to the CHAD as may be required to prevent,
mitigate, abate or control the specific geologic hazard(s)identified in the
proposed Plan of Control.
k. A right-of-entry to allow: 1) GHAT)personnel to inspect the property prior
to annexation and 2) a statement and/or description of procedures under
which CHAD personnel will have access to individual properties for the
purpose of investigating, evaluating,preventing,mitigating, abating and/or
controlling the geologic hazard(s) identified in the proposed Plan of
Control, once the annexation is approved.
Wiedemann Ranch GHAD page 3 of
Annexation Policy
/7
1. Such compensatory fees as may be required applicable to the filing,
processing and hearing of the petition and any financing for the services to
be provided to the annexed area.
3. Upon receipt of the petition and accompanying information,the Board Clerk shall
place it on the agenda for the first regular Board meeting following the Clerk's
determination that the petition substantially complies with the requirements of
Public Resources Code §§ 26551 and 26552 as well as the requirements set forth
in paragraphs 2. a. though 1. above. To make this determination, the Clerk may
refer the petition to the General Manager for review, evaluation and
recommendation.
4. The General Manager's review, evaluation and recommendation shall do the
following.
a. Evaluate the petition to determine if is substantially in the form required
by Public Resources Code §§ 26551, 26552, 26553 and 26555, and
b. Evaluate the proposed Plan of Control to determine if it complies with the
requirements of Public Resources Code §§ 26509 and 26553, and
c. Evaluate the reports and materials submitted in compliance with
paragraphs 2. a. though 1. above to determine if they are complete and
sufficient, and
d. Present his findings and recommendations to the Clerk of the Board.
5. If the Clerk determines that the petition does not comply with the law and/or the
requirements set forth herein, the Clerk must give written notice to the landowner
whose signature appears first on the petition. A supplemental petition curing the
defects may be submitted to the Clerk within 10 days of the date of the mailed
notice.
6. Upon the Clerk's presentation of a sufficient petition and the applicant's
compliance with the requirements set forth herein, the Board shall adopt a
resolution setting a public hearing on the petition and direct the Clerk to give
notice. The Clerk must notice the public hearing at least 20 days before the
hearing date. Notices must be mailed first-class,postage prepaid,to each owner
of real property to be annexed and include.
a. The time, date and place of the public hearing; a brief description of the
purpose of the hearing; the location where the Plan of Control can be
reviewed or duplicated; the address where objections to the proposed
annexation can be mailed or delivered up to and including the time of the
hearing.
b. A copy of the petition.
7. At any time up to the time of the hearing, any owner(s) of real property in the area
to be annexed may make a written objection to the proposed annexation. The
objection must be signed by the property owner(s) and contain a description of the
Wiedemann Ranch CHAD page 4 of
Annexation Policy
owner(s) land by lot, tract and map number. If the person who signs the objection
is not shown on the assessment role last equalized by the County as the owner(s)
of the subject real property,the written objection shall be accompanied by
evidence sufficient to indicate that the person is the owner of the property.
8. The Board shall open the public hearing on the date and at the time noticed by the
Clerk. During the hearing,the Board shall be presented with any written
objections.
a. The Board may adjourn the hearing but not to exceed 60 days from the
date first noticed.
b. If owners of more than 50%of the assessed valuation of the land to be
annexed object to annexation,the Board shall close the hearing and
terminate the annexation proceedings.
9. When considering the proposed annexation and the adoption of resolution of
approval,the Board may review some or all of the following factors and items:
a. Whether the petitioner has complied with all of the requirements of the
Public Resources Code Sections 26550 et. seq. and 26561 et. seq. and the
requirements set forth herein.
b. 'Whether the CHAD has sufficient administrative personnel and technical
support necessary to assume the proposed GHAD responsibilities within
the area to be annexed and whether any increase in administrative and/or
support costs resulting from the annexation will bome by the property
owners in the area to be annexed.
c. Whether the specific type(s)of geologic hazard(s) identified in the
proposed Plan of Control for the area to be annexed are either identical,or
very similar to, the particular geologic hazard(s) identified in the existing
Plan of Control for the CHAD.
d. Whether the area to be annexed is either contiguous or, in the opinion of
the General Manager, sufficiently close in proximity to the GHAD so that
the CHAD can efficiently provide the requested services to the new area.
e. Whether, in the case of proposed annexation of undeveloped property,
the governing body of the City and/or County has passed a resolution in
support of the annexation.
f. Whether sufficient fees and/or assessments necessary to prevent,mitigate,
abate or control the specific geologic hazard(s) identified in the proposed
Plan of Control and to administer operation of the CHAD consistent with
the Plan of Control can be legally levied on properties within the
boundaries of the area to be annexed.
g. Whether the proposed or recommended financial contributions, from the
property owner(s)within the area to be annexed, to the reserve fund of the
Wiedemann Stanch GHAD page 5 of
Annexation Policy
existing GHAD is reasonable and sufficient to support the proposed
GRAD operations.
9. At the same time as the Board conducts the public hearing to consider whether the
proposed annexation should be approved,the Board may also conduct a public
hearing to consider the levying of special benefit assessments or other methods of
financing the additional expenses anticipated to be incurred by the GHAD in
providing services to prevent,mitigate, abate, or control geologic hazards within
the area,proposed to be annexed as defined in the Plan of Control. If special
benefit assessments are proposed, the notice and public hearing shall comply with
the Right to Vote on Taxes Act(Cal. Const., art. XIII, § 4) and implementing
statutes.
19. Pursuant to section 25581, an annexation shall not become final until the Contra
Costa Board of Supervisors, as the body that ordered formation of the Wiedemann
Ranch GHAD, adopts a resolution approving the annexation.
11. If desired, the Board may provide that the annexation shall not become final until
the special benefit assessments or other method of financing the services to be
provided to the annexed area have been duly approved, as required by law. In
addition, the Board may apply to the annexation any other conditions that the
Board deems necessary or desirable.
Wiedemann Ranch CHAD page 6 of 6
Annexation Policy
DRAFT
THIRD AMENDMENT TO PURCHASE AGREEMENT AND
ESCROW INSTRUCTIONS
This Third Amendment to Purchase Agreement and Escrow Instructions ("Third
Amendment") is entered into as of February_,2000 by and between Dr. Jerrold N. Henry and Ruth-
C. Henry, as trustees of the Jerrold N. Henry and Ruth C. Henry Trust, 1989 ("Seller") and William
Lyon Homes, Inc. a California corporation (formerly known as Presley Homes) ("Bayer") in
reference to the following facts.
A. Buyer and Seller entered into that certain Purchase Agreement and Escrow Instructions
dated as of August 6, 1997 ("Original Agreement") as amended by that certain First Amendment to
Purchase Agreement and Escrow Instructions, dated October 4, 1999 ("First Amendment") and as
amended by that certain Second Amendment to Purchase Agreement and Escrow Instructions dated
2000 ("Second Amendment") for the purchase and sale of real property more
particularly described in the Original Agreement. The Original Agreement as amended by the First
Amendment and the Second Amendment is referred to in this Third Amendment as the "Purchase
Agreement."
B. Buyer and Seller desire to further amend the Purchase Agreement(i)because the Closing
Date will occur prior to the date that the Final Map will be recorded ("Final Map Date") and (ii) to
set forth Seller's obligations regarding an easement that will be granted to a Geologic Hazard
Abatement District. Except as otherwise defined in this Third Amendment, capitalized terms shall
have the meanings given to them in the Purchase Agreement.
C. The Purchase Price was calculated based on the Buyer's purchase of 184 acres.
However, due to the fact that the Final Map cannot be recorded on the Closing Date, Buyer agreed to
take title to the entire property (±198 acres) for the period of time between the Closing Date and the
Final Map Date. The transfer of title to Buyer of the Henry Parcel (as defined below) on the Closing
Date will occur solely as an a.cco.mmodation and to prevent a violation of the Subdivision Map Act.
Once the Final Map is recorded, Seller will reconvey the Henry Parcel (1114 acres) to Seller in
accordance with this Third Amendment. No additional monetary consideration will be paid for
reconveyance of the Henry Parcel to Seller. If the Final Map Date could have occurred on the
Closing Date, Buyer would not have acquired title to the Henry Parcel.
NOW THEREFORE,Buyer and Seller agree as follows:
Section L .Property.
At Closing, Seller shall convey to Buyer the property described on Exhibit A of the Original
Agreement ("Closing.Property"). As described in Recital C, Buyer and Seller acknowledge that
c?e/
DRAFT �f
Seller is granting the Closing Property to Buyer solely as an accommodation because the Closing
Date will occur prior to the Final Map Date. During the time between the`Closing Date and the Final
Map Date, Buyer grants to Seller an irrevocable license to use the Closing Property consistent with
Seller's use of the Closing Property prior to the Closing Date.
Section 2. Reconveyance.
On the Final Map Date and for no additional monetary consideration, Buyer shall reconvey
to Seller two lots containing the current residences of Seller (:L 7.6 acres), as shown on the attached* y
Exhibit I(".Residence.Parcels") and the 1106.4 acre parcel west of the planned subdivision as shown
on the attached Exhibit 7 ("Remainder Parcel"'). The Residence Parcels and the Remainder Parcel
are referred to in this Third Amendment as the "Henry Parcel." The Henry Parcel shall include all
y
of Buyer's right, title and interest in and to all appurtenant easements, rights and privileges, all
improvements, if any, located on the Henry Parcel, and any development rights, permits, approvals '
entitlements or other related rights owned by Buyer or obtained by Buyer as of the Final Map Date.
Section 3. GHAD Easement.
The Frog Ponds which are located on the Remainder Parcel will be maintained by a Geologic
Hazard Abatement District ("GHAD"). The GRAD also shall maintain a 200 foot setback ("Repair
Zone") around the Frog Ponds. Seller shall grant an easement (or will permit Buyer to grant an
easement) to the GHAD (i) for ingress and egress to the Frog Ponds and (ii) for maintenance of the
Repair Zone (collectively, the "GHAD Easement"). The GRAD Easement will be in the
approximate location as shown on Exhibit K.
Section 4. Permitted Encumbrances.
During the period between the Closing Date and the Final Map Date, Buyer shall not record
any encumbrances against the Henry Parcel without the prior consent of Seller (subject to Seller's
obligation in the Original Agreement to cooperate with Buyer); provided, however, that Buyer shall
be permitted to record the following documents:
(a) a conservation easement in favor of the California Department of Fish and Game (or any
other public or quasi-public agency) to be recorded against X94.2 acres of the Remainder Parcel.
Seller has previously reviewed and approved the form of conservation easement; however, Buyer is
awaiting approval from the California Department of Fish and Game and United States Fish and .
Wildlife Service. Buyer will obtain Seller's consent to the form of easement prior to recordation if it
has substantially changed;
(b) the CHAD Easement to be recorded against a portion of the Remainder Parcel; and
(c) a certificate of final cancellation of Williamson Act Contract No. 6-77 to be recorded
against the Residence Parcel.
Section 5. Final Map Closing
(a) On the Final Map Date,the following documents shall be recorded by the Title Company
in the order specified below:
2
30124727.1 17700-0011 02/16/00 09:55 am
DRAFT
a l/ .
(i) The Final Map; and
(ii) The standard title company form grant deeds conveying the Henry Parcel to Seller.
(b) All recording costs, escrow fees, transfer taxes, and title commitment premiums related
to the Final Map Closing shall be paid by Buyer. Real estate taxes and assessments shall be prorated
so that Seller shall pay all real estate taxes and assessments on the Henry Parcel for the time between
the Closing Date and the Final Map Date.
Section 6. No Amendment.
Except as specifically modified by this Third Amendment, the Purchase Agreement remains.
unchanged and in full force and effect. `
Section 7. Miscellaneous.
(a) This Third Amendment may be executed in counterparts, each of which shall be deemed
an original,but all of which together shall constitute one and the same instrument.
(b) Buyer and Seller shall execute and acknowledge a Memorandum of Agreement in the
form attached as Exhibit I,. The Memorandum of Agreement shall be recorded in the Official.
Records of the County of Contra Costa within three days after execution.
BAR: SELLER:
WILLIAM LYON HOMES, INC., a California
corporation Jerrold N. Henry, as trustee of the Jerrold N.
Henry and Ruth C. Henry Frust, 1989
By:
Name:
Its: Ruth C. Henry, as trustee of the Jerrold N. Henry
and Ruth C. Henry Trust, 1989
By:
Name:
Its:
3
301?4727.1 17700-0011 02116/00 09:55 am
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