RECOMMENDATION(S): (CONT'D)
3. ADOPT the attached Resolution No. 2016/01 to do the following:
(a) FIX a Public Hearing for March 22, 2016 at 9:00 a.m. in Room 107 of the GHAD Board Chambers, 651 Pine Street, Martinez, California to consider the proposed annexation of territory into the existing Wiedemann Ranch GHAD and the proposed Podva Property Development Annexation Plan of Control, and hear any written objections thereto; and
(b) DIRECT the Wiedemann Ranch GHAD Clerk, or their designee, to mail, by first class mail, a written notice of the hearing to consider the proposed annexation and the proposed Podva Property Development Annexation Plan of Control to each owner of real property as required by GHAD law.
FISCAL IMPACT:
The GHAD is funded 100% through assessments levied on properties within the GHAD. Therefore, there is no impact on the County General Fund.
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.
On April 11, 2000, the Wiedemann Ranch GHAD Board of Directors adopted Resolution Nos. 2000/166 and 2000/167 approving annexation of the Henry Ranch development (Subdivision 8118) in San Ramon into the Wiedemann Ranch GHAD.
On July 29, 2014, the Wiedemann Ranch GHAD Board of Directors adopted Resolution 2014/03 approving annexation of the Elworthy Ranch development (Subdivision 9009) in the Town of Danville into the Wiedemann Ranch GHAD.
The Podva Property development (Subdivision 9309) is located at the western terminus of Midland Way in the Town on Danville. Twenty 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 Conditions of Approval for the Podva Property development, require that it be included within a GHAD. To satisfy this requirement, the developer of the Podva Property development has elected to petition the GHAD Board to annex the Podva Property development into the existing Wiedemann Ranch GHAD. The territory to be annexed pursuant to the Petition for Annexation is currently owned by the developer. The boundaries of the territory to be annexed and the boundaries of the Podva property development are the same.
In connection with the proposed annexation, a proposed Plan of Control has been prepared. The Plan of Control is separate from the Wiedemann Ranch Plan of Control and describes the work contemplated for the Podva Property development, including maintenance and monitoring activities, including slopes, retaining walls, subdrains, storm drain facilities, and concrete lined drainage ditches. If adopted, the Podva Property Development Annexation Plan of Control would address geologic hazards within Subdivision 9309.
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 Podva Property Development Annexation Plan of Control. The proposed assessment is supported by a detailed Engineer’s Report prepared by a registered professional engineer certified by the State of California, and will be considered at a subsequent date in accordance with Proposition 218. The proposed assessment does not impact or change the existing assessments for the current landowners in the GHAD.
The Manager of the Wiedemann Ranch GHAD recommends that the GHAD Petition be accepted and a hearing be ordered for March 22, 2016 to consider the annexation request.
CONSEQUENCE OF NEGATIVE ACTION:
The owners of the Podva Property development will have to form a new Geologic Hazard Abatement District or seek annexation into another Geologic Hazard Abatement District to satisfy Town of Danville Condition of Approval No. 25 for Subdivision 9309.