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D.5

To:	Wiedemann Ranch GHAD Board of Directors
From:	Patricia E. Curtin, GHAD Attorney and General Manager
Date:	March 29, 2016

Contra

Costa

County

Subject:

HEARING to Adopt Resolution 2016/02 approving the annexation of the Podva Property Development

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 03/29/2016

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

ABSENT:

Mary N. Piepho, District III Supervisor

Contact:

Anagha Dandekar Cliffard 510-622-7551

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: March 29, 2016
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

1. CONDUCT A HEARING TO CONSIDER Resolution2016/102 approving the a) annexation of the Podva property into the Wiedemann Ranch Geologic Hazard Abatement District (GHAD), and
b) Podva Property Development Annexation Plan of Control, and hear any written objections thereto.

2. ADOPT Resolution 2016102 approving the a) annexation of the Podva property into the Wiedemann Ranch GHAD, conditioned upon subsequent approval of the proposed assessment

RECOMMENDATION(S): (CONT'D)

following an assessment ballot proceeding; and subject to the adoption of a resolution approving the annexation by the Board of Supervisors of Contra Costa County as required under Public
Resources code section26581, and b) Podva Property Development Annexation Plan of Control,conditioned upon subsequent approval of the proposed assessment following an assessment
ballot proceeding.

FISCAL IMPACT:

The GHAD is funded 100% through assessments levied on properties within the GHAD.

BACKGROUND:

On September 1, 1998, the Contra Costa County Board of Supervisors adopted Resolution No. 981438 approving the formation of the Wiedemann Ranch GHAD and appointed itself to serve as
the GHAD Board of Directors. I 017 579 .0001\4240499 . On April 11, 2000, the Wiedemann Ranch GHAD Board of Directors adopted Resolution Nos. 20001166 and2000ll67 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 2014103
approving annexation of the Elworthy Ranch development in Danville into the Wiedemann Ranch GHAD. The Podva property is now requesting annexation 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 development require that it be included within a GHAD. To satisfy this requirement, the developer of the Podva Property development petitioned the GHAD Board to annex the property into the GHAD. The property to be annexed pursuant to the petition is currently owned by the developer. In connection with the proposed annexation, the Podva Propelty Development Annexation Plan of Control was prepared. This 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 Plan of Control will address geologic hazards within Subdivision 9309. Funding for the GHAD 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. On January 19,2014 the GHAD Board of Directors adopted Resolution No. 2016/02 to schedule a public hearing for March 22,2014 to consider the proposed annexation and the proposed Plan of Control, and hear any written objections thereto; and directed the GHAD Clerk to mail a written notice of the hearing to consider the proposed annexation and the Plan of Control to each owner of real property as required by GHAD law. The GHAD Board did not convene on March 22 so the notice that was mailed identified the public hearing date for March 29,2016. All notices were mailed according to GHAD law.

CONSEQUENCE OF NEGATIVE ACTION:

The owners of the Podva Property development will have to form a new GHAD or seek annexation into another GHAD to satisfy Town of Danville condition of approval for the Podva Properly.