Agenda

Return

D.2

To:	Wiedemann Ranch GHAD Board of Directors
From:	Patricia E. Curtin, GHAD Attorney and General Manager
Date:	August 8, 2023

Contra

Costa

County

Subject:

Weidemann Ranch Resolution 2023/04 approving Revised Plan of Control for the Magee Preserve Development.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 08/08/2023

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Haley Ralston (909) 373-5457

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.
ATTESTED: August 8, 2023
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

Acting as the governing board of the Wiedemann Ranch Geological Hazard Abatement District, CONSIDER adopting Resolution No. 2023/04 approving the Magee Preserve Development Revised Plan of Control dated July 17, 2023, and hear any written objections thereto.

FISCAL IMPACT:

The GHAD is proposed to be funded 100% through assessments levied on properties within the GHAD. The GHAD cannot provide services until a funding source is in place. Developer of Magee Preserve development is responsible for paying all costs of annexation into the GHAD.

BACKGROUND:

On September 1, 1998, the Contra Costa County Board of Supervisors adopted Resolution No. 98/438 approving the formation of the Wiedemann Ranch Geologic Hazard Abatement District (GHAD) and appointed itself to serve as the GHAD Board of Directors. The Norris Canyon Estates Development was included within the GHAD formation.

BACKGROUND: (CONT'D)

The GHAD Board, subject to the confirmation of the County Board of Supervisors (as the formation body of the GHAD) has the authority to approve annexations to the GHAD.

Several properties have already been annexed into the GHAD. On April 11, 2000, the GHAD Board of Directors adopted Resolution No. 2000/167 approving annexation of the Henry Ranch development (Subdivision 8118) in the City of San Ramon into the GHAD.

On July 29, 2014, the GHAD Board of Directors adopted Resolution 2014/03 approving annexation of the Elworthy Ranch development in the Town of Danville into the GHAD.

On January 19, 2016, the GHAD Board of Directors adopted Resolution 2016/01 approving annexation of the Red Hawk (formerly Podva Property) development (Subdivision 9309) in the Town of Danville into the GHAD.

On July 13, 2021, the GHAD Board of Directors adopted resolution 2021/03 approving annexation of the Magee Preserve development (Subdivision 9291) in the Town of Danville into the Wiedemann Ranch GHAD.

The Magee Preserve development (Subdivision 9291) is located at the terminus of San Andreas Drive, south of Diablo Road and Blackhawk Road in the Town of Danville. Sixty-nine single family homes along with appurtenant improvements are planned for the development. Due to the potential for geologic hazards and related required ongoing maintenance, the Town of Danville’s Conditions of Approval for the Magee Preserve development require that it be included within a GHAD. To satisfy this requirement, the developer of the Magee Preserve development elected to petition the GHAD Board to annex the Magee Preserve development into the existing Wiedemann Ranch GHAD.

With Resolution 2021/03, the GHAD Board of Directors approved the Plan of Control for the Magee Preserve development dated June 10, 2021. The Plan of Control is separate from the other Plans of Control prepared for existing developments within the GHAD and describes the work contemplated for the Magee Preserve development, including maintenance and monitoring activities, including slopes, retaining walls, subdrains, storm drain facilities, and concrete-lined drainage ditches. The Magee Preserve Plan of Control addresses geologic hazards within the Magee Preserve development only.

Since approval of the initial Plan of Control dated June 10, 2021, there have been proposed land-ownership changes within the Magee Preserve development, which increases the proposed responsibilities of the GHAD. The initial Plan of Control indicated that East Bay Regional Parks District would own the majority of the open space within the Magee Preserve development. It is now proposed the Wiedemann Ranch GHAD own all of the open space parcels. GHAD law allows the GHAD to own property. The Revised Plan of Control dated July 17, 2023, addresses this change of ownership and related additional GHAD responsibilities.

Additionally, multi-use trails are planned within the proposed GHAD-owned open space and will serve multiple purposes, such as public trail access, fire access road, and maintenance road, and will be maintained as such by East Bay Regional Park District (EBRPD), San Ramon Valley Fire Protection District (SRVFPD), and GHAD, respectively. Entities will contribute to the maintenance and funding of the multi-use trails as described in Section 10 of the Revised Plan of Control.

Funding for the GHAD activity on the proposed annexed area to prevent, mitigate, abate and control geologic hazards will be based on an assessment, and such funds will be collected and used in connection with the Magee Preserve Revised Plan of Control. The proposed assessment will be supported by a detailed Engineer’s Report prepared by a registered professional engineer certified by the State of California and will be considered following this agenda item in accordance with Proposition 218. The proposed assessment does not impact or change the existing assessments for the current landowners in the GHAD.

CONSEQUENCE OF NEGATIVE ACTION:

The owners of the Magee Preserve Development will have to form a new GHAD or seek annexation into another GHAD to satisfy Town of Danville condition of approval for the Magee Preserve Development.

CLERK'S ADDENDUM

RECEIVED the report on the Revised Plan of Control for the Magee Preserve Development.