Loading...
HomeMy WebLinkAboutMINUTES - 05252004 - C17 TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF THE BLACKHAWK GEOLOGICAL HAZARD ABATEMENT DISTRICT -010/► FROM: MAURICE M. S HU,PUBLIC WORKS DIRECTOR DATE: May 25, 2004 SUBJECT: ACCEPT and APPROVE the Blackhawk Geologic Hazard Abatement District Flan of Control, Blackhawk area,Danville, California, SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action. ACCEPT and APPROVE the Blackhawk Geologic Hazard Abatement District (GHATS) flan of Control, as recommended by the Blackhawk GHAD Manager, Richard Short, Kleinfelder, Inc., Blackhawk area, Danville, California. IT. Fiscal Impact: There is no immediate impact on the County General Funds. The Blackhawk GHAD is funded through revenues generated by County Services Area M-23 (CSA M-23). There is however, the potential for legal expenses and the liability of claims filed to contest GHAT) actions where interpretation of the existing flan of Control is an issue, Continued on Attachment.X SIGNATURE. RECOMMENDATION OF BOARD COMMI'T'TEE PROVE ' OTHER SIGNATURE S:, ACTION OF B A ON MAY 25, 2004 APPROVED A RECOMMENDED XX OTHER VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT INQI4'E ) I hereby certify that this is a true and correct copy of an action APES: NOES. taken and entered on the minutes of the Board of supervisors on. ABSENT. ABSTAIN: the date shown. Ew:cmm ATTESTED: 'MAY 25, 2004 G:\GrpData\SpDist\Board OrdersXlein£elder GHAD BO 2004\05-25-04€O CSA M-23-2.doc JOHN SWEETEN,Clerk of the Board of Supervisors and Contact. Eric whan(313-2242) County Administrator cc. County Administrator Assessor Auditor-Controller By Community Development Deputy County Counsel D.Morabe,Spacial Districts SUBJECT: ACCEPT and APPROVE the Blackhawk Geologic Hazard Abatement District Flan of Control, Blackhawk area,Danville,California. DATE: May 25, 2004 PAGE: 2 I11. Reasons for Recommendations and Background: The existing Plan of Control (POC) 'lacks definition and clarity on numerous issues the GHAD faces. A decision to update the POC was made by the Board of Directors several years ago. After numerous reviews by the interested parties the revised POC has been completed and ready for the Board of Supervisor's approval. The new POC will minimize misunderstandings about GHAT)authority and limitations. U1. Consequences of Negative Action: Without Board approval there is the possibility that homeowners will challenge the GHAT) decisions as not having Board Sanction. Challenges frequently result in lawsuits that claim reimbursement fbr slope related repairs. The CHAD encounters legal expenses and potential liability for ambiguous interpretations of the existing;POC. ' � k ` . �� ............_................11..........._..........1 1... .._1111. ..... .................................................I............................. .... ...............................1111..................................1.111. ._ ........._................._......_......_............._.........._._ ... ................................. ..............111...... ............1. ... .............................................................................. .Aa '. r: € BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT PLAN OF CONTROL FEBRUARY 27,2004 � ` BLACK A K GEOLOGIC February 27, 2004 A Z A R in, D .s-,..R-1 G;r Blackhawk Board of Directors Contra.Costa County board of Supervisors RICHARD D. SpopT c/o Skip Epperly, GHAT) Liaison 255 Glacier DriveC NERAL, a y Martinez, California 94553-4897 KiLUNFEELDEP, INC. Subject: Plan of Control Blackhawk Geologic Hazard Abatement District Ladies and gentlemen: We have prepared the attached updated "Flan of Control" for the Blackhawk Geologic Hazard Abatement District. The plan of control has been reviewed by the Homeowners Association, the Blackhawk Country Club and County Counsel and represents the updated operation policies, exclusions and limitations of the Blackhawk GI-HAD. This document has been prepared in accordance with the requirements of the Public Resources Code Section 26500-26554 of the State of California. Sincerely, Blackhawk Geologic Hazard Abatement District p�OFE,,q� Richard D. Short x�rrEs. s� a Kleinfelder, Inc. w General Manager ��° CA f� D SADEK&A. ` DERREGA •a° � � r�. No.2175 Sadek Derrega CEFMF--IED Certified Engineering Geologist , ENGINEERING EOLO" S. BLACKHAWK PLAZA CtRC.c Cr SYE.#03 DANV;?iE.CA /4506 /Tarr of Cortrol Page I of 12 copyright 2004 Blackhawk GRAD 925.964.0823 921964.01825(FAX) BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT FLAN OF CONTROL TABLE OF CONTENTS I. INTRODUCTION........................................................................................3 IT. BACKGROUND...........................................................................................3 III. BLACKHAWK GHAD BOUNDARIES....................................................4 IV. ANNEXATIONS TO BLACKHAWK CHAD..........................................4 V. DEFINITIONS..............................................................................................4 VIo AUTHORIZATION FOR BLACKHAWK CHAD INVOLVEMENT...5 A. Funding and Other Limitations..............................................................................................5 B. Geologic Hazard Limited to a Single Property....................................................... .........5 C. Geologic Hazard Resulting from Negligence of Property Owner.........................................6 D. Property not Located within GHAD Boundaries...................................................................6 F. Geologic Hazard Located within Creek Structure Setback Area...........................................6 G. Geologic Hazard which Requires Expenditure Amount Exceeding the Value of the Threatened or Damaged Improvement..................................................................................6 H. G14AD Funding Limitations..................................................................................................7 1. GHAD Funding or Reimbursement for Damaged or Destroyed.Structures or Site Improvements........................................................................................................................7 1 Privately(awned Structures and Site Improvements................. 2. HCFA Owned Streets and Utilities............................................................................. 8 J. Reimbursement of Expenses Incurred by Property Owners.................................................. 8 1. Reimbursement by Agreement................................................................................. 8 2. Reimbursement of Expenses Incurred by Property Owners During Emergencies... 8 K. Damage Caused by Slope or Soil Creep................................................................................8 VII. HAZARD ABATEMENT ACTIVITY WITH RESPECT TO CREEDS AND DETENTION BASINS DURING EMERGENCIES....................................9 VIII. HAZARD ABATMENT ACTIVITY WITH RESPECT TO SLOPE RELATED SURFACE AND SUBSURFACE DRAINAGE FACILITIES..........9 IX, PREVENTION AND MITIGATION RESEARCH..................................9 A. Landsliding and Threatened Landslide Mitigation.............................................................. to B. Geotechnical Investigations................................................................................................. 11 C. Erosion Control.................................................................................................................... I I X. PRIORITY OF CHAD EXPENDITURES.............................................. 11 XI. CHAD RESERVE FUND.......................................................................... 12 XII. APPEALS PROCEDURE ......................................................................... 12 Appendix A Geologic Conditions Appendix B Meets and Bounds Description Appendix C Joint Exercise of Powers Agreement Appendix D Policies and Procedures Related to Annexation Figure 1 Blackhawk GRAD Boundaries Site Plan Plan of Control Page 2 of 12 copyright 2004 Blackhawk GRAD I. INTRODUCTION The Public Resources Code Sec. 26500-26554 establishes the authority for the formation of Geologic Hazards Abatement Districts. The Code requires that a "flan of Control" be prepared that describes in detail the geologic hazard of concern, its location, and the area affected. A plan for the prevention, mitigation, abatement, or control of the hazard must also be included. Amer 15 years of operation under a plan of control that was limited to the original scope mentioned above, the Blackhawk CHAD determined that the Plan of Control should include operational limitations and exclusions that were not obvious at the original writing and that refect the GHAD's practice. The following Plan of Control includes a description of the geologic hazard and a plan for the prevention, mitigation, abatement or control of the hazard and the limitations and exclusions of the District. II, BACKGROUND Blackhawk is a 5,000-acre mixed use community development that includes 2,250 residential units, two golf courses, a commercial center that has several office buildings, a. high end retail shopping center, a theater, a museum and various other improvements and amenities. Blackhawk is located east of Danville within the unincorporated area of Contra Costa County. The Blackhawk Geologic Hazard Abatement District ("GHAD") was formed on April 22, 1986, by Resolution 86/210 of the Contra Costa County Board of Supervisors under the authority of the California Public Resources Code (Section 26500 et seq.). Funding for the GHAD is provided through an agreement with Contra Costa County under which the County provides the CHAD with"surplus" County Service Area("C.S.A") M-23 revenues. The Contra Costa County Board of Supervisors serves as the GRAD Board of Directors. C.S.A. M-23 receives revenue from ad valorem property taxes collected on properties within the boundaries of CSA M-23. The boundaries of CSA M-23 were formed in June 1977 by Resolution 77/767 of the Contra Costa County Board of Supervisors to provide funding for specified extended services. In April 1486, by Resolution 86/209, the Contra Costa County Board of Supervisors added geologic hazard abatement to the list of services authorized to be Flan of Control Page 3 of 12 copyright 2004 Blackhawk GLAD performed within C.S.A. M-23. Also, in 1986, by Resolution 861211, County of Contra Costa and the CHAD entered into a Joint Exercise of bowers Agreement whereby the County agreed to provide funding for the CHAD operations by transferring to the GRAD a portion of C.S.A. M-23 revenues. The Joint Exercise of Powers Agreement, a copy of which is attached as Exhibit A, and as may be amended from time to time,was entered into on April 22, 1986. The GHAD's original Plan of Control had been in effect since formation of the CHAD in 1986. The intent of the 2004 update to the Plan of Control is to provide a more comprehensive, easier to understand document that reflects the current operational policies and practices of the GHAD. III. BLACKHAWK CHAD BOUNDARIES The boundaries of the CHAD are as shown on Figure 1 and as described in Exhibit B. IV. ANNEXATIONS TO BLACKHAWK CHAD The CHAD Board of Directors roust approve annexation of properties not currently within the CHAD boundaries. The annexation policy adopted and approved by the CHAD Board of Directors is attached as Exhibit C. V. DEFINITIONS A. "Geologic hazard" as that term is used herein, means any actual or threatening landslide. B. A "landslide" is defined as a mass comprised of rock, soil and other debris that has been displaced down slope by sliding, flowing, or falling mechanisms. C. "Slope or Soil Creep" is defined as slow downhill movement of near surface soils occurring on sloping ground and near the edges of sloping ground. D. "Site improvements" means buildings, roads, sidewalks, utilities, improved trails, golf course amenities, swimming pools, tennis courts, gazebos, cabanas, geologic stabilization features,V-ditches or similar improvements. E. "Structure setback area" means the portion of the lot situated between the creek and the "structure setback line" as defined by the Contra Costa County Flood Control District. Plans of Control Wage 4 of 12 copyright 2004 Blackhawk CHAD F. -Structure setback line" means the line separating the structure setback area from the remainder of the lot where the residential structure is situated as defined by the Contra Costa County Flood Control District. G. GRAD Project — The prevention, mitigation, abatement or control of a Geologic Hazard as defined herein. VL AUTHORIZATION FOR BLACKHAWK GRAD INVOLVEMENT Blackhawk CHAD is authorized to prevent, mitigate or control geologic hazards subject to the sole discretion of the General Manager and taking into consideration the following exclusions and limitations listed in Sections VIA through VI. J. below: As Finding and Other Limitations The General Manager may approve or not approve the prevention, mitigation or control of geologic hazards by the Blackhawk CHAD based on funding limitations, project priorities based on risk evaluation., weather related risk, the limitations specified in the Plan. of Control or other funding or risk related issues not specified herein. RA Geologic Hazard Limited to a Single Property The GRAD will not prevent, mitigate, abate or control slope failures that are contained within the limits of a single parcel of property if the slope failure has been caused by improvements made on the property that alter drainage or the stability of slopes unless the geologic hazard has damaged, or poses a significant threat of damage to a structure or site improvement located on another property within the GRAD boundaries. The exclusion or limitation set forth herein does not apply to geologic hazards existing on open-space areas owned by any homeowner's association or golf course property or single parcels greater than one acre in size. Plan of Cor:troi Page 5 of 12 copyright 2004 Blackhawk CHAD C. Geologic Hazard Resulting from Negligence of Property towner The CHAD may, decline to prevent, mitigate, abate or control geologic hazards due to, or resulting from, the negligence of the property owner and/or the property owner's contractors, agents or employees in developing, grading, constructing, .maintaining or performing, or not performing,any work on the subject property. D. Property not Located within CHAD Boundaries The CHAD is not authorized to prevent, mitigate, abate, or control a geologic hazard on property within the CHAD boundaries unless said hazard has damaged or poses a significant threat of damage to any structures or site, improvements located on property within the CHAD boundaries. The CHAD may prevent, mitigate, abate or control the geologic hazard provided said work:is limited to that which is absolutely necessary to address only the immediate damage or threat of immediate damage to the structures or site improvements. P. Geologic Hazard Located.within Creek Structure Setback Area In creek areas, the CHAD may prevent, mitigate, abate or control a geologic hazard which has damaged or threatens to pose significant damage to any residence, office building, other structures or site improvements located within the structure setback area, as defined by the current Costa County Flood Control District regulations, that existed prior to the date of adoption of this revised plan of control by the Board of Directors. Permanent improvements located within the setback area after the date of adaption of this revised Plan of Control will not be included in the scope of the GHAD's Plan of Control. The structure setback is determined by the Contra Costa County Flood Control District. Ga Geologic Hazard which Requires Expenditure Amount Exceeding the Value of the'Threatened or Damaged Improvement The G-IAD will not prevent, mitigate, abate, or control a geologic hazard where, in the General Manager's sole discretion, the anticipated expenditure required to be funded by the CHAD to prevent, mitigate, abate or control the geologic hazard Plan of Control Page 6 of 12 copyright 2004 Blacknawk GHAD will exceed the value of the structures, site improvements and land threatened with damage or loss. H. GHAD Funding Limitations GHAD operations are funded through an agreement with Contra Costa County under which the County provides the GHAD with a portion of ad valorem property taxes collected by the County through County Service Area M-23. The agreement with Contra Costa County is a Joint Exercise of Powers Agreement (JEPA), executed on April 22, 1986. This allocation of so-called surplus CSA?M- 23 revenue is the sole source of revenue for the CHAD. If the CSA M-23 surplus revenue for the GHAD is not available, the CHAD may, in its sole discretion, reduce and/or eliminate some or all GHAT) services unless an alternative funding source (or sources) can be found. The CHAD will provide its services only to those properties located within the GHAD boundaries. Properties within the same Contra Costa County Tax Date Area as the GHAD that have not been annexed into the CHAD and do not contribute funding to CSA M-23 are not covered by GHAD services. L GHAD Funding or Reimbursement for Damaged or Destroyed Structures or Site Improvements 1. Privately Owned Structures and Site Improvements In the event a private residence, commercial office building, or any other private structure, site improvements or landscaping is damaged or destroyed due to, or as a result of, a geologic hazard, the General :Manager has discretion pursuant to section V.A., to fund, or reimburse the property owner for the expenses necessary to repair or replace the damaged or destroyed structure, site improvements or landscaping. Unless authorized by the Board of Directors, the dollar amount of the GHAD funding or reimbursement may not exceed ten percent (10%) of the costs incurred by the GHAD in preventing, mitigating, abating or controlling the geologic hazard responsible for the damage. In the event the geologic hazard damaged or destroyed a structure, site improvement or landscaping which violated any provisions of the County Building Code or Plan of Cortrol Wage 7 of 12 copyright 2004 Blackhawk CTHAD County Ordinance Cade at the time of its installation or improvements, the CHAD will not provide any funding, or reimbursement to the property owner, for repair or replacement of the damaged structure, improvement or landscaping. 2. HOA Owned Streets and Utilities In the event a Homeowner's Association owned street pavement, underground utility or any Esther HOA owned structure, site improvements or landscaping is damaged or destroyed due to, or as a result of, a geologic hazard, at the General Manager's sole discretion, the CHAD may include in the scope of the landslide repair the repair or replacement of the damaged or destroyed pavement,underground utility structure, site improvements or landscaping. J. Reimbursement of Expenses Incurred by Property Owners 1e Reimbursement by Agreement At the general Manager's sole discretion and upon proof of payment through receipts, the GHAD may reimburse a property owner for expenses incurred for the prevention, mitigation, abatement, or control of a geologic hazard based on a written agreement between the property owner and the CHAD to that effect. Such agreement must be executed prior to the property owner incurring said expenses, and following an investigation conducted by the CHAD. Z Reimbursement of Expenses Incurred by Property Owners During Emergencies At the General Manager's sole discretion and upon proof of payment through receipts, the CHAD may reimburse property owners for expenses incurred for materials used for temporary mitigation of geologic hazards during periods of extreme emergency. Such materials are limited to sheet plastic placed over slope failures, sand bags, silt fencing and other typical temporary winterization measures. R. Damage Caused by Slope or Soil Creep Soil creep is a common phenomenon on almost all slopes throughout the Blackhawk development. The adverse affects of soil creep include separations in concrete walkway and pool deck construction joints, tilting fences, separation of Pima of Control Page 8 of 12 copyright 2004 Blackhawk GHAT) wooden deck elements and downhill movement of any light structures constructed on or near the edge of slopes. Creep forces can be resisted to minimize adverse affects on light structures by proper design techniques including the use of deep foundation support and reinforcing steel in concrete slabs, among other techniques. The GHAD will not prevent or repair property damage due to soil creep. VII. HAZARD ABATEMENT ACTIVITY WITH RESPECT TO CREEDS AND DETENTION BASINS DURING EMERGENCIES The CHAD may perforin the following emergency hazard abatement activities creek channels and detention basins: 1. Tearing and removal of vegetation in creek channels to maintain open stream flow and to prevent a threatening landslide. 2. Removal of significant quantities of sediment deposits in creek channels to maintain}open stream flow and to prevent a threatening landslide. 3. Removal of significant quantities of sediment deposits in detention basins, including the detention basin at The Falls at Hole Number 11, to maintain open stream flow, to keep the water fall pump from silting up and to prevent threatening landslides. VIII. HAZARD ABATMENT ACTIVITY WITH RESPECT TO SLOPE RELATED SURFACE AND SUBSURFACE DRAINAGE FACILITIES The CHAD may maintain, dloperate, repair and/or replace those portions of surface and subsurface drainage facilities such as concrete "V" ditches, storm sewer lateral pipes, catch basins, drainage inlets, manholes, storm sewer inlets and outlets, subdrain pipes, subdrain pipe inlets and outlets, etc. which are located such that they are directly related to the repair of slope failures and for the prevention of slope failures. IX, PREVENTION AND MITIGATION RESEARCH - Without materially limiting GHAD's authority to make repairs,the GRAD may conduct ongoing research into the behavior of slopes, slope failure prevention and slope failure mitigation. A - record of all incident responses may be kept and plotted on the GHAU Geographic Information Plan of Control Page 9 of 12 copyright 2004 Blackhawk G-IAD System (GIS) system for purposes of evaluating future risk. Any results of the GRAD research program shall be shared with the property owners in an effort to reduce the risk of future slope distress and property damage. A. Landsliding and Threatened Landslide Mitigation Landsliding Landslides or slope failures occur in a wide range of configurations and may occur slowly or suddenly. The most common causes of slope failures involve weak soil/rock materials, a change in slope configuration or an increase in subsurface moisture content, with a subsequent loss of strength of the soil. Slides at Blackhawk are predominantly the result of slope undercutting by erosion or a dramatic rise in subsurface moisture content, both caused by seasonal rainfall or acts of man. The landslides that have occurred at Blackhawk can be classified as rotational slides or flaws. Rotational slides usually move relatively slowly taking days to move en masse along a relatively deep curved slip plane with a single headscarp or crevasse at the top of the slide. Debris flows or mudflows tend to be less than s feet deep. Debris flows are fast moving within a relatively linear, narrow path.. A detailed description of the geologic conditions at the site is included in Appendix D. Landslide Mitigation Landslide threatened or damaged slopes can be stabilized by a variety of methods depending on the equipment accessibility, urgency, and other factors. Threatening landslides can be stabilized by the construction of retaining structures such as closely spaced cast-in-place drilled piers reinforced with steel beams, a soldier beam and lagging wall or an array of tie backs extending beyond the slide plane. Landslide damaged slopes can be reconstructed by removing the landslide debris and rebuilding the slope with properly-compacted and drained, engineered fill. These or other techniques should be chosen based on the actual site conditions. During emergency situations when landslides threaten improved property, the GRAD may implement slope stabilization measures that can arrest or minimize further slope movement until a permanent repair can be installed. Emergency preparation measures may include stockpiling Plan of Control Page 10 of 12 copyright 2004 Blackhawk CHAD slope stabilization materials, such as steel beams, and having subcontractors in-dace ready to respond rapidly. After the soils dry, landslide-damaged slopes can be permanently repaired during the dry season. Bo Geotechnical Investigations At the General Manager's sole discretion, a geotechnical investigation may be conducted for slope areas where unstable condition or landslides exist. The purpose of the geotechnical investigation is to determine the cause of the unstable slope conditions and to dune repair options. CQ Erosion Control Groundwater and streamflow regimes may be affected by any development within or near the CHAD boundaries. Long-term changes will result from landscape irrigation, the addition of impervious pavement or structures, surface runoff collection systems and subsurface drainage facilities. Flooding is a possibility near creek crossings. During emergency situations where there is a risk of landsliding, the CHAD may perform monitoring to mitigate the hazards of excessive water or erosion. Maintenance, such as removal of sediment from ditches and at the base of slopes, may also be performed. X. PRIORITY OF GRAD EXPENDITURES Emergency response and scheduled repair expenditures by the GHAD are to be prioritized by the general manager, utilizing his discretion, based upon available funds and the approved operating budget. When available funds are not sufficient to undertake all of the identified remedial and preventative stabilization measures, the expenditures are to be prioritized as follows in descending order of priority. A. Prevention, mitigation, abatement or control of geologic hazards that have either damaged or pose a significant threat of damage to residences, critical underground utilities or paved streets. B. Prevention, mitigation, abatement or control of geologic hazards which have either damaged or pose a significant threat of damage to commercial buildings, including but not limited to office building or club houses. Plan of Control Page 1 i of 12 copyright 2004 Bfackhwvk G3AD C. Prevention, mitigation, abatement or control of geologic hazards, which have either damaged or pose a significant threat of damage to ancillary structures, including but not limited to pool cabanas or restroom buildings. D. Prevention, mitigation, abatement or control of geologic hazards existing entirely on open-space or golf course property, which have neither damaged nor pose a significant threat of damage to any structure or site improvements. E. Prevention, mitigation, abatement or control of geologic hazards that have either damaged or pose a significant threat of damage to landscaping or other similar non- essential amenities. XI. CHAD RESERVE FUND The GHAD plans to conduct a study to determine the appropriate amount of funds to be accumulated in reserve for allocation to major projects whose cost exceeds the annual budget for major repair projects. The total reserve fund goal shall be recalculated annually based on the most current experience with GHAD prevention and repair expenditures. XII, APPEALS PROCEDURE If a property owner does not agree with the decision of the General Manager, property owner may request a reconsideration of the decision, The property owner shall, withinn thirty(30) days of service of the decision, file with the General Manager a brief summary of the facts of the matter, the decision being appealed and the grounds for the appeal, including the owner's special interest and injury. The General Manager will present the request to the Board with an explanation of the basis of the GRAD decision, and the Owner's requested relief. The Board will decide based on a majority vote. The General Manager will proceed based on the direction of the Board. Plan of Cortrol Page 12 of 12 copyright 2004 Blackhawk CHAD APPENDIX A GEOLOGIC CONDITIONS 1 �f.��1:�IWf` ' �'mIcc€ APPENDIX A GEOLOGIC CONDITIONS Ie Geologic Setting Blackhawk is located within the Diablo quadrangle, in the Sherburne Hills portion of northern Diablo Range of Central California. The bedrock is geologically young, and was deposited approximately two to nine million years ago. These Tetiary non-marine weekly consolidated sedimentary rocks have been folded and faulted due to the wrenching of the San Andreas fault system and the associated uplift of Mt. Diablo. Mt. Diablo is located approximately 4 miles to the north. The geologic structure of the area consists of a series of nearly parallel, northwest- trending synclines and anticlines, some of which have been overturned. fast geologic work in the ,area includes that of Whitney (1856), Turner (1891), Clarke (1915, 1935 and 1943), Axelrod. (1944), Richey (1948), Kilmer(1953), Brabb and others (1971), Wagner (1978)9 Dibblee (1980), Hart (1981), Davenport. (1986), Crane (1988), and Graymer et. Al. (1994). The two most pertinent of these are discussed below. IIe Bedrock and Geologic Structure Dibblee (1980) maps the Blackhawk CHAD within a unit termed "Pliocene, nonmarine, sedimentary rocks (Tps)". The rocks are described as weakly indurated, greenish gray mudstone with thin beds of sandstone and pebble conglomerate. For the majority of the GHAD property the bedrock units are mapped with a variable dip of approximately 70 to 80 degrees to the southwest and northwesterly strike. A small section of bedrock in the southwestern portion of the site dips approximately 20 to 60 degrees to the north in this vicinity. The axis of the Tassajara Syncline is snapped through the southwestern portion of the site. Dibblee reaps no faults within the Blackhawk CHAD. Crane (1988) maps the site vicinity with greater structural detail. The Blackhawk GHAD is shown to be located within a northwesterly-trending zone of thrust faulting and overturned folds. They Sycamore Valley thrust fault is mapped along Camino Tassajara, generally south of the Blackhawk CHAD area. Two thrust faults are mapped crossing the Blackhawk GHAT) area. The Diablo Valley thrust is snapped trending westerly to northwesterly along Blackhawk Road in Page d of 3 the vicinity of Subdivisions 5437 and 5438, the easterly along Fairway 18 of Subdivision 5441 and the Blackhawk Drive alignment in the vicinity of Subdivision 5443. In addition, an unnamed thrust fault is mapped trending northwesterly through the open space of Subdivisions. i 111. Surficial Deposits The area within the CHAD boundaries is covered primarily by relatively shallow soils. The Soil Survey of Contra Costa County shows the soil over the majority of the GI area as Diablo Clay. This soil typically forms on uplands, derived from sedimentary bedrock. Below the surficial dark gray clay,the soils generally become light gray or olive gray silty to sandy clay and extend to the undisturbed bedrock. Diablo Clays generally have a high expansion potential, resulting in surficial cracking during the summer and swelling during the winter. Soils with a high expansion potential are also susceptible to downhill soil creep on hillslopes. IV. Groundwater Groundwater has been encountered at variable depths during drilling explorations by various geotechnical firms. Groundwater can be expected to generally be 10 feet or more below the ground surface; however, areas of springs and seeps are common. Sandstone, siltstone and gravelly bedrock units can be expected to contain variable amounts of groundwater depending on location and underlying geologic structure. Springs, seeps and water-bearing bedrock units contribute to the landsliding hazard within the GHAD boundaries. V. Seismic Sources Blackhawk is located within the eastern portion of the San Andreas Fault System but is not located within a State of California designated Alquist-Priolo Earthquake Fault Zone. The nearest State of California zoned, active' faults are the Calaveras and Greenville faults located about 4 miles west and 5 miles east, respectively. The maximum moment magnitude for both the Calaveras and Greenville faults is M6,8-6.9 (CDMG, 2002). An earthquake of this magnitude could produce a ground acceleration of approximately 0.4g at the site according to attenuation relationships by Campbell and Bozorgnia(1994). Page 2 of 3 Distant seismic ground shaking sources include the major known active faults of the Bay Area; namely the San Andreas, Hayward, Rodgers Creek-Healdsburg, and the Concord—Green Valley faults. These sources are all at least 5 miles from Blackhawk and are known to be capable of producing moderate to large-scale seismic events. Other sources for design-basis ground shaking near the Blackhawk area include small local faults that may produce low-magnitude earthquakes (the thrust faults mapped within the GRAD boundaries by Crane (1988) are part of the current transpressional tectonic regime and will be incorporated into future tectonic studies of the area.). Another source of potential earthquake generation is from fault movements on deep wrenching in the lower crust (Weber-Band, 1998). This crustal scale wrenching is estimated by Blake (1998) to be capable of a maximum moment earthquake of M 6.7. The magnitude 6.7 Coalinga earthquake in 1983 is thought to have occurred on a blind (buried)thrust fault in the lower crust, often referred to as the Coast Ranges-Sierran Block (CRSB) or Great Valley boundary zone (Unruh and others, 1993). Earthquakes on blind thrust faults are not expected to cause surface ground rupture as might occur along a major strife slip fault; however, secondary seismic hazards could be expected from such an event. Based on the current state of knowledge, it appears likely that secondary seismic hazards from an earthquake on any of the seismic sources discussed above, including the Coast Manges-Sierran Block boundary zone, would occur in all regional areas of localized weak soils, such as on unstable slopes. Page 3 of 3 � , r APPENDIX B MEETS AND BOUNDS DESCRIPTION _..._. ...m. _.. ...... . _. _...__._.....__. _. ... .1£#3 APPENDIX B MEETS AND BOUNDS DESCRIPTION BLACKHAWK DEVELOPMENT Being a Portion of sections 14, 22, 23, 24, 25 and 36, township 1 south, range 1 west, Mount Diablo Base and Meridian and. a Portion of sections 19, 20, 29, 30, 31 and 32, township 1 south, range 1 east, Mount Diablo Base and Meridian, described as follows: Beginning at a Point on the eastern boundary of the Diablo Community Services District, said point being on the center of the parcel of land described in the deed to the Athenian School, recorded October 8, 1964, in book 4719, of official records, Page 211; thence leaving the eastern boundary of said services district and along the southern and eastern lines of said .Athenian School parcel (4719 O.R. 211) as follows: sough 89°'52'59" east, 288.40 feet; south 58°13'44" east, 280.00 feet; south 73°08'44" east, 275.00; north 79°11'42" east, 885.98 feet; north 28'42'12" east, 495.62 feet; and north 18'28'18" east, 1,422.83 feet to the most southern corner of the parcel of land describe in the deed to the Athenian School, recorded November 22, 1968, in book 5756, of official records, page 433; thence North 45°05'43" east, along the eastern line of said Athenian School Parcel (5750 O.R. 433), 1,003.57 feet to the most eastern corner of said Athenian School parcel (5756 O.R. 433), said point being an angle point on the southern boundary of the land known as the Blackhawk Corporation dedication to Mount Diablo State Park; thence south 87°08'44" east, along said southern boundary, 750 feet, to an angle point ;,herein; thence continuing along said southern boundary as follows; south 76°08'44" east, 400 feet-, south 68°08'44"east, 1,000 feet; south 10°51'16"west, 600 feet; south 00'51'l6" west, 500 feet; north. 89°08'44" east, 500 feet; south 31°08'44" east, 730 feet; north 71°51'16" east, 950 feet; thence continuing along said southern boundary as follows: south 89°08'44" east, 300 feet; south, 1,543.48 feet; south 88° east, 531.02 feet; south V west, 294.36 feet; south 68° east, 581.79 feet; east, 1,277.80 feet; north, 550 feet to the southern line of the parcel of land described in the deed to Blackhawk Corporation, recorded June 8, 1973, in book 6965, official records, page 841, described as the "north 200 acres of the east-half of said Section 24", thence continuing along said southern boundary as follows: easterly, along the southern line of said north 200 acres (6965 O.R. 841),2,400 feet,thence south, leaving said extension 1,000 feet; east, Page I of 3 900 feet; south, 850 feet; south 45' west, 1,250 feet, south, 200 feet; east, 1,500 feet; north 45' east, 1,500 feet; south 45'east, 1,051.08 feet to a point on the eastern line of the Pacific Gas and Electric Company's easement as said easement is described in the deed recorded October 23, 1959, in book 3480, of official records, page 144; south 14°39'09"west, along the eastern line of said easement, 1,143.44 feet; south 42°47'57 east, leaving the eastern line of said easement, 961.60 feet; north 47'12'03" east, 5850 feet; north.4204757" west, 902.23 feet; north.26°50'28" cast, 1,021 feet; east, 760 feet; thence continuing along said southern boundary as follows. north, 1070 feet; east, 800 feet; south 67'40'17"east, 908.€19 feet, south, 400 feet; south 43°47'32"east, 939.25 feet; south, 1,650 feet; south 43020'06" west, 1,216.74 feet; south, 550 feet; south 63059'15" east, 556.36 feet; north 36'00'11" east, 1,216.34 feet; west, 250 feet; north, 347 feet; north 44°3839" east, 341.54 feet; east, 422 feet; thence north 42'49'50" east, 989.95 feet; thence south 66'22'00" east, 813.20 feet; thence south 27'2932" west, 1,124.79 feet; south 62'30'28" east, 200 feet; south 27029'33" west, 430.01 feet; south 62'30'23" west, 200 feet; south 27'29132" west, 739.27 feet; south 58'28'16" east, 573.69 feet; north 49'33'01" east, 1,025 feet; north 41°04'54" west, 517.40 feet; north 28'18'32" east, 485 feet; south 89°17'30" east, 521.40 feet, thence south 00''42'30" west, leaving said southern boundary of the land to be dedicated to the Mount Diablo Mate Park, 5,027.25 feet; thence south 00'36'17" west, 1.282.22 feet to a point on the northerly right of way line of Camino Tassajara; thence westerly along a non-tangent curve concave to the south, the center of whish bears south 06032'16" west, having a radius of 2,05€3.21 feet, through a central angle of 05'13'17", having an are length of 186.84 feet.; thence north 88o4l'01" west, 920.24 feet; thence south 89°22'23" west, 149.71 feet; thence westerly along a non-tangent curve concave to the south, the center of which hears south 02'43'00" east, having a radius of 2,050.21 feet, through a central angle of 10'50'31", having an arc length of 387.96 feet; thence south 763'26'29" west; thence westerly along a tangent curve concave to the north, having a radius of 1,950.21 feet, through a central angle of 17'29'33", having an are length of 595.40 feet; thence leaving the said northerly right of way line of Camino Tassajara, north 00048'15" east, 1,508.59 feet; thence north 89'28'18" west, 1,285.61 feet; thence north 01'05'38" east, 1,325.98 feet; thence north 88'53'38" west, 1,286.61 feet; thence north 87017'10" west, 48.47 feet; thence north 00'35'02" east, 1.111.07 feet; thence north 64'03'36" west, 488.05 feet; thence north 89'33'44" west, 2,205.76 feet; thence south 14'39'09" west, 786.59 feet; thence north 88'31'30" west, 2,478.13 feet; thence south 00'5331" west, 1,916.16 Page 2 of 3 feet, thence south. 88°42'22" west, 1,125.59 feet, thence south 00°53'31" west, 1413.73 feet to a point on the northerly right way line of Canino Tassajara;thence north 81'14'17"west, 1,531.27 feet; thence leaving northerly right of way line of Camino Tassajara, north 0036'48" east, 1,145.98 feet; thence north 00020'30" east, 2,681.95 feet; thence north 22'25'2'11" east, 637.21 feet; thence north-easterly along a tangent curve concave to the west, having a radius of 3,000.00 feet, through a central angle of 06°16'00", an arc length of 328.12 feet; thence north 1.6°'09'27" cast, 126.88 feet; thence north-easterly along a tangent , curve concave to the east, having a radius of 2,000.00 feet,through a central angle of 11 45'00", an arc length of 410.15 feet, thence north 27°54'27" east, 485.72 feet; thence northerly along a tangent curve concave to the west, having a radius of 500.00 feet, through a central angle of 34°3 l'l 5", an arc length of 301.25 feet, thence north 06°36'48" west, 104.22 feet; thence northerly along a tangent curve concave to the east, having a radius of 1,000.00 feet, through a central angle of 21"25'00", an arc length of 373.79 feet; thence north 14°48'12" east. 34.95 feet; thence south 89°24'52" west, 41.93 feet; thence south 89°24'30" west, 2110.48 feet; thence south 89'24'19" west, 1290.35 feet; thence north 00°26'21" east, 2637.94 feet; thence north 00°15'58" east, 763.58 feet; thence north 0343'58" east, 60.74 feet; thence north 71°21'17" west, 1153.00 feet; thence north 71°29'33" west, 60.77 feet; north 69'13'12" west, 400.02 feet; thence north 70°11'28" west, 69..53 feet; thence north 70°11'57" west, 988.66 feet; thence north 7011'47"west, 726.85 feet; thence north 73058'43" west, 958.37 feet; thence north 59°08'27" west, 595.70 feet; thence north 581,14'10" west, 682.11 feet; thence north 89°54'59" west, 252.70 feet; thence north 07'12'53" east, 166.82 feet to the point of beginning. Containing 2,716 acres, more or less. Page 3 of 3 4 r ....... Y . 1 APPENDIX C JOINT EXERCISE OF POWER AGREEEMNT ..............................................................: .............................................................. . ...._. ............. ..... .i l�s"Vl .t. I 1�s 4 rvcJ AGREEMENT ENT THIS AGREEMENT (hereinafter "Agreement") is entered into this 22 day of AprilV 1986 (the "Effective Date-) , by and between BLACXHAWK GEOLOGIC HAZARD ABATEmNT DISTRICT, a geologic hazard abatement district created pursuant to Sections 26500 et 6 :. of the Public Resources Gude of the State of California (hereinafter "GRAD") , and the COUNTY CE coxTRA COSTA. a political subdivision of the State of California,. on behalf of County Service Area M-23 (hereinafter -County") , pursuant to Sections 6500 gt s . of the Government Codi: of the State of California. GHAD and County are from time to time hereinafter referred to individually as a "party„ and collectively as the "parties. " RECITALS Aa .Pursuant to the County Service Area. Lair (Sections 25210.1 9t .999. of the Government Code of the State of California) , Counter Service Area. -23 (.hereinafter "M-23") was established pursuant to Board of Supervisors Resolution No. 77/477, adopted June 14, 1977, to perform parkway maintenance, street lighting, open space maintenance, drainage maintenance and parks and recreation service. B. Having determined that the abatement of certain geologic hazards- present within the geographic area covered by -23 is in the public interest and necessary for the health, safety and welfare of persons and property within the -23 service area, the Beard of Supervisors on April 22, 1986, adopted Resolution No. 86/ 20pursuant to which the extended services to be performed by 23 were expanded to include geologic hazard abatement. C. Pursuant to its authority under the County Service Area Lair, the County has levied, and intends to continue to levy, an ad valorem tax for -23 purposes based upon the assessed value of all real property located within --23. Revenues received from such levies (the "M-23 Revenues") have been and will, be credited in the County treasury to the account of M--23. D. By Board of Supervisors Resolution No. 86/_112 adopted April 22,, 1986, the County ordered to be paid to Blackhawk Corporation the sum of $550,000 (hereinafter the -Reimbursement Payment") in reimbursement of a portion of the costs incurred and sures expended by Blackhawk Corporation to study and repair land failures occurring in the Blackhawk area during the winter of 1982-1983 Ha By Board of Supervisors Resolution No. adopted April 22, 1986, CHAD was formed to provide geologic hazard abatement services within the M-23 geographic area.. 2 F. In order to make available to CHAD financial assistance by which the public i Future M-23 Surplus. For the purposes of this Agreement, -Future -23 Surplus" shall mean all M-23 Revenues credited in the County treasury to the account of M-23 as of the applicable Transfer Date after deducting therefrom: (a) All -23 Revenues budgeted for the then current fiscal year to be upended by the County for the drainage maintenance extended services within M- 3 as specified in the attached Exhibit Ag as such services reasonably may be required from time to time, and incidental administrative expenses incurred by County for the provision of such services; and (b) All M-23 Revenues budgeted for the then current fiscal year to be expended by the County as of the applicable Transfer Date to provide street lighting extended services within M-23 in the same manner and to the same extent as such services are being provided as of the Effective Date. 3. _Term. The initial term of this Agreement shall commence upon the Effective Date and shall expire on the date that is twenty (20) years after the Effective Date (the "Initial Term") , unless the Ini the parties. Following the expiration sof the initial and Extended Terms, this Agreement shall be terminated and of no further force and effect; provided, however, that such termination shall not affect any right or duty arising on or before such expiration. 4. I)euosit of Funds and Retention of Interest. Funds to be transferred. to CHAD pursuant to section 1. and section 2 of this Agreement shall be deposited in such account or oaccounts as GRAB may specify by written notice to County. Any and all interest earned on funds so deposited shall be credited to and retained by GHATS, and shall not be deemed at any, time to constitute funds credited to the County treasury. 5. HQJd Harmless Agree CHAD shall defend, indemnify, save, and hold harmless the County and its officers and employees from any and all clams, costs and liability for any, damages, injury or death arising directly or indirectly from or connected with the County's transfer of Existing or Future M-23 surplus to GHAD hereunder or due to or claimed or alleged to be due to negligent or wrongful acts, errors or omissions of GHAD or any ,person under its control, save and except claims or litigation arising through the County's stake negligence or willful misconduct, and will make good to and reimburse the County for any expenditures, including reasonable attorneys* fees, County may rake by reason of such matters. as taperati.on i.n the Event ta� Legal or Other Chglle.�A . in the event sof any .legal or equitable action or other proceeding instituted by a third party or other governmental entity or official challenging the validity and/or implementation of any provision of this Agreement, the parties hereby agree to cooperate in defending said action or proceeding. qq�qq g Sys 7. Def C�a.gY It a Reri2edle,' ; 1emmination x (a) General Provisions. The failure or delay by either party to perform any terra or provision of this Agreement fog a period of thirty (30) calendar days after written notice thereof from the other party shall constitute a default under this Agreement. Said notice shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured. After notice and expiration of such 30-day period without cure, the other party, at its option, may in additi termination to the other partly at least 180 days prior to said date. 8. Applicable Law. This :Agreement shall he construed and enforced in accordance with the laws of the Mate of California 9. Eenera1 (a) If any term, provision, covenant or conditi delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. Any party hereto may at any time, by giving ten (10) days' written notice to, the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall .be given to the parties at their addresses set forth below If to County: Contra Costa County t"-ttn. Public Works Director 255 Glacier Drive Martinez, CA 94553-4897 If to CID c/o Centra Costa County rkttn: Public works Director 255 Glacier Drive martinet, CA 94553-489' lla Counterparts. This Agreement may be executed in du] licate original counterparts, each of whish shall be deemed tobe an original, and all of which shall be seemed to constitute one and the sane agreement. This Agreement consists ofi.ne (9) pages and one (1) exhibit which constitute the en.t'ire understanding and agreement of the parties. Said 6Xh bi.t is incorporated herein as if set forth in full, is made a part hereof for all purposes and is identified as follows Exhibit A M-23 Drainage Maintenance Extended Services IN WITNESS WHEREOF, County and GHAD each have executed th e Agreement as of the Effective Date. "COUNTY" "GHAD" COUNTY OF CONTRA COSTA, BLACKHAWK GEOLOGIC HAZARD a pplitical subdivision ABATEMENT DISTRICT of ,the Mate of California, on behalf of County Service AreA --23 By Chair, Board of Supervisors Chair, Board of Supervisors, as Chair, Beard of Directors of Blackhawk Geologic Hazard Abatement District APPROVED AS: TO FORM: Victor J. Westman County Counsel By. Attest: PHIL BATCHELOR, Clerk Attest: PHIL Batchelor, Clerk of the Board of Supervisors of the Board of Supervisors and: County Administrator and. Counter Administrator B By: Deputy Deputy CRK.o lj/14 00011 EXHIBIT A TO AGREEMENT BETWEEN SLACXMAWK GHAD AND COUNTY OF CONTRA COSTA M-23 Drainage Maintenance Extended Services The: drainage facilities to be maintained by County Service Area M- Z-3 shall consist of the storm drain pipe systems generally 30 inches or greater in diameter, the detention, debris and silt basins, the major man-made channel improvements, and the nat €ral channels located in the Service area except upstream of the; wwest, middle, and east retention basins of Subdivisions 48"7 3, 4962 and 4963, respectively. Drainage maintenance is farther restricted to these facilities located in the easements dedicated, or to be dedicated, to Centra Costa County. Ravines, swa.l.es, interceptor ditches or private facilities where they are on private or open space property are not a part of the Service Area's maintenance responsibilities. R.: ; 3:1. ........:::: ....11 I :............. ::. .. APPENDIX D 11 ... .........................................I............. .. ....................................................... 1111.................................................... .. ....................................................... _........................................_........... .. ....................................................... _..........__......................_........_..... .. ....................................................... ... ...............................I....................... .. ....................................................... 111 .1..........................I..................I....... .. ....................................................... ....................................................... _ ..............._................._.................. ......................................I....I.................I .............................................................. ...................................I...................I.....I .............................................................. .............................................................I .............................................................. ..................................I........................... .............................................................. .............................................................. .............................................................. .............................................................. POLICIES AND PROCEDURES RELATED TO ANNEXATION -:&..:..iUt- yvkt?e,:..322a:(r.f- .::.::: .. _::<:> ::::::>::::.::::.::."!.�.LF,:C�3.:1.41c..t�6::::..::::: .........................:.................................... .............................................................. .............................................................I .............................................................. .............................................................. Blackhawk Policies & Procedures related to Annexations Septaon 26550 et seq.ofthe Public Resources Code outlines the procedures dor formation of Geologic Hazard Abatement Districts(GRAD). The procedures for annexing property into an already formed CHAD axe generally the .same as those for establishment of a new GHAD except that in the case of amexations, the Board of Directors assumes the responsibilities of the legislative body that ordered formation of the GRAD. Requests for annexation of prop' .�to the Blacldiawk GHAD may ase as follows: I. Developer Initiated(generally undeveloped property). .A`developer and/or the owner of a property that is proposed for development.may petition the Board to arty property into the District in order that,in the future,the subdivided parcels can r.ece:ive geologto hazard abatement services. 2. Proper Owner Initiated(generally developed property). A properly owner (or group of property owners)may petition the Board to annex into the district in order that the existing subdivided property can receive geologio hazard abatement services. 1 Berard of Directors Initiated. The Board of Directors of the GHAD can,by Resolution,initiate proceedingsto annex property into the CHAD. Background. On April 22, 1986 the County Board of Supervisors adapted three resolutions which resulted in the formation and funding of the 131ackhawk Geologic Hazard Abatement District(GHAD). Resolution No. M09 provided for the addition of geologic hazard abatement services with County Service Area M-23 (Blackhawk area). Resolution No. 86/210 approvers formation ofthe Blackhawk CHAD pliant to the provisions ofthe Public Resources Code and appointed the County Board of Supervisors to act as the Board,ofDhwwrs ofthe GHAD. The Clerk of the Board serves as the Clerk of the Board ofDirectors of the GHAD. Resolution No. 86/211 approved a Joint Exercise ofPowers Agreement(TEPA)between the County and the CHAD to, among other things,provide for the funding of the GHAD tbrough the transfer of a portion of CSA M-23 revenues. On April 28, 1998,the Board ofDirectors appointers.William R. Cray and Company,Inc. to serve as General Manager of the GRAD. Procedure- Jn order that annexation requests maybe received,processes,reviewed and acted upon in a uniform.and timely manner,the Board he by adapts the following general policy with respect to annexations: Bla4chawk Geologic Maw Abatantut District Pap I of b Politics related to Annexadow I. Annexation,promexiings shall be initiated either by a Resolution adopted by the Board,or by a petition signed by owners representing not less than 100%of the property proposed to be annexed. The signature(s)on the petition shall bo 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�eral 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 Resowces Code. br A.detailed map of the area to be annexed shote property boundaries, proposed development atm and areas proposed to be maintained as open space and assessor's parcel nuarsbers. The area proposed for annexation into the GRAD;shall be clearly identified. A Fiat map ad legal description of the area to be annexed shall be provided in a form acceptable to the General Manager. co The applicant will supply copies of any and all existing geotec ca l and/or engineering repoM of which the applicant is aware,prepared in connotion,with any current or prior development proposals can the property- d. A proposed Plea.of Control,within the meaning of Public Resources Code 26509,prepared by a certified engineering geologist demIting in detail the specific,geologic bat s)within the area.to be axed which the garners are requesting that the GRAD prevent,mitigate, abate or control and providing a plan therefore. If so requested by the General Manager, the applicant may be rewired to submit the proposed Flan.of Control in the form of an amendment to the Ch 's mcisting Plan of Control. C. if the proposed plan of Control itdentafiies facilities or activities that the applicant provoses that the GRAD be responsible for installing anWor maintaining(drainage fatties,flood control detention or retention basins,retaining walls,open space or tither fuffities[or activities]),etc., tine applicant shall provide detailed drawings of said facilities,including eng eering plans anchor other documentation as may be appropriate. f An analysis of the additional expense(s)anticipated to be incurred by the GHAD 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 odier professional possessing similar qualifications, to determine the financial situAtion of 1) the existing QHAD,including it's funding methodology and reserve amounts and 2}the am proposed to'be annexed. This report shall include recommendations as to hose GHAD operations in the area proposed for annexation should be funded including bonds and/or annual l assents Bflacawk Geologic kiazard Abssttmont District Nge 2 of 6 Pandas rclted to Anne dons - which the GHAD will need to receive from the arca proposed to be .sexed in order to provide the services idendflod in the proposed.Plan of control. h. A report prepared by a catified,public accountant,or other professional possessing similar qualifications,to determine the level of financial oontn"bution that the owners of the property imposed to be annexed should be required:to pay into the existing reserve fund of the GUAR as seed funder for the additi 3. Upon apt of the petition and accompanying information,the Board Clerk shall place it on the agenda for the first regular Berard meeting folknving the Clerk's determination that the petition substantially complies with the requirements of Public Resources Code § §26552 and 26555. To make this determination,the Cleric.shall refer the petition to the General anagen for his review, evaluation and recommendation. d. The General Am en'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.Flan of Control to determine if it complies with the requirements ofPublic Resources Code§§26509 and 26553,and c. Evaluate the reports and materials submitted in complimce with paragmphs I a.though la above to recommend whether they are complete and sufficient,and d. Present his findings and recommendations to the Board within 90 of referral to his office. 5. If the Clerk determines that the petition does not comply with the law,the Clerk must give vrtitten notice to the landowner whose signature,appears first on the petition. A supplemental petition curing the defects may be submitted to the Cleric within 10 clays of the date of the rushed notice. 6. Upon the CleWs presentation of slifficient petition and the applicant's compliance with the matters set forth:herein,the Board shall.,adapt a resolution setting a public hearing on tete petition and directing the Clerk to give notice, The Clair must notice the public hearing at least 20 clays before the hearing date. Notices must be mailed first class„postage prepaid, to each owner of`real property to be annexed andnclude: a. The time,date and place;of the public hearing,a brief description of the purpose ofthe hearing; the location'where the Plan of Control can be re viewed or duplicated,the address wh=objections to the proposed annexation can be mailed or delivered up to and including the time of the hearing. b. Either a copy ofthe petition or a copy ofthe Resolution initiating proceedings for the annexation shall 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 anne;xatie$m The objection must be signed by the property owner(s)and contain a description ofthe owner(s) land by lot,tract and map number. If the person who signs the objection is not shown;ort the:assessment role;last equalized by the County as the owner(s)of the subject real proparty� the written objection shall be accompanied d by evidence sufficient to indicate that the pmon is the owner ofthe property. Blackhawk,Geologic Hazard Abaten t District Page 4 off Policies relate to Annexations 8. The Board shall open the public~hearing on the date and at the time meed by the Clergy. During the hearing,the Board shall be presented with any written objections. a. 'fbe.Board may adjourn the hag but not to exceed 60 days from the:, date first noticed- b. If owners ofmore than. 01%of the assessedd valuation ofthe land to be annexed object to annexation,the Board shall close the hung 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 ite u,-, a.. Whether the petitioner has complied with all of the requirements of the Public Resources Code Sections 25554 et seg. and 26561 ger.seq.. b. Whether the CMCDhas sufficient adminis ve personnel and tecbrAical support necessary to assume the propos+ed GRAD responsiibilities within the ares to be annexed and whether any lucre a in administrative and/or support,costs ruing from the annexation will borne by the property owners in the area to be annexed. c. Whethcr the specific types)of geologic hazard(s)identified in the proposed Plan of Control for the area to be annexed are either identical,or `may similar to,the particular geologies hazard(s)identified in the existing Plan of Control for the GRAD. d. Whether the area to be annexed is either contiguous or,in the opinion of the GenerW Manager,suf'fic e-Wy close in proximity to the C41AD so that the GRAD can efficiently provide the requested semces to the new area. e. ' hethex� 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 Whethez. sufficient fees and/or assessments necessary to prevent,mitigate, - abate or control the specific geologic hazard(s)identified in the imposed Plan of Control and to administer operation of the OFLAD consistent with the 3Plan.of Control can be legally levied on properties within the boundaries of the am to be annexed. g. Whether the proposed or recommended d financial contributions,from the property owner(s)within the area to be annexed,to the reserve fend oft e exists GRAD 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 pubhe hearing to consider the levying of special benefit fit assessments or other methods of financing the additional expenses micipated to be incurred by the G AD in providing sere to prevent,mitigate,abate,or control geologies hazards within - the area proposed to be annexed as defined in the;Plan of Control. If special alac awk kava ides vd Abatement Distnet Page 5 Orb Folicics Mated to"rte tions p benefit assessments ars propos the sconce and public hearing comply with the Right to'4e''ote on Taxes.lett(Cal. Wit.,art. §4)and implementing - stags. 11.Pursuant to section 26581, an annexation dWI not bmorno ftal until the Contra Costa Board of Supenvisors,as the burly that ordered formation ofthe Blackhawk GRAD, adopts a resolution approvmg the annexation. ration. it Aesirvd,the Board may provide that the anuerxatlon shall not become,final until the seal benefit assessments or other method.of financing the services to be provided to the annexed area have been duly approved as required by lave. In addition,the Board may apply to the annexation any other conditions that the Board deer necessary or de ixable~. Blw,khawk Geologic.H ari Atatcxnent District Pap 6 ag6 Policies related to Annexations 1. :::::::::::::::::::::::.. ':>> > . .. :. FIGURE 1 BLACKHAWK GRAD BOUNDARIES SITE PLAIN :...__...................................................... ............................................................... ... ...................................................... .... ....................................................... .... ....................................................... .... ....................................................... ... ....................................................... S3 »€s��:>::>:::::::>:::::::: :>::<> . 9:..5.9Z 's :::. e R� a 4 u MW AN# B{ l M eamwt mla G llt"ryp.rtuxmwM+x. oawt . ra : r[.bslW. 'Fa�Ot?Si"�. - �6. w xx wx .r..•vm..