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C. 16

To:	Wiedemann Ranch GHAD Board of Directors
From:	Patricia E. Curtin, GHAD Attorney and General Manager
Date:	June 20, 2017

Contra

Costa

County

Subject:

Adopting Resolution approving the annexation of the Red Hawk Podva Subdivision in Danville into Wiedemann Ranch GHAD

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 06/20/2017

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
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Amara Morrison 510.622.7689

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: June 20, 2017
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

ADOPT Resolution No. 2017/229 approving the annexation of the Red Hawk (Podva) subdivision into the Wiedemann Ranch Geologic Hazard Abatement District (“GHAD”) as required under Public Resources Code section 26581, as recommended by the GHAD Attorney and GHAD Manager.

FISCAL IMPACT:

None. Funding of GHAD responsibilities within the Red Hawk (Podva) development was anticipated in the approved Engineer’s Report; these costs were used to set the development’s assessment limit; therefore, no revisions to the Engineer’s Report or budget are anticipated which are related to this proposed annexation, other than planned annual CPI adjustments.

BACKGROUND:

On September 1, 1998, the Contra Costa County Board of Supervisors adopted Resolution No. 98/438 approving the formation of the Wiedemann Ranch GHAD and appointed itself to serve as the GHAD Board of Directors.

Under Condition of Approval No. 5, the Town of Danville required that the Red Hawk (Podva) Residential Development (Subdivision 9309) (the "Project") be included within a GHAD. To satisfy this requirement, annexation of the Project into the Wiedemann Ranch GHAD was approved on March 29, 2016 by the Wiedemann Ranch GHAD Board of Directors.

Attorneys for the GHAD have advised that this proposed Board of Supervisors action is needed because California Public Resources Code Section 26581 states that the annexation is subject to the approval of the legislative body which ordered formation of the GHAD. The Contra Costa County Board of Supervisors ordered formation of the Wiedemann Ranch GHAD in 2008. The requirement for the legislative body that formed the GHAD to approve any annexations remains, even though members of the Contra Costa County Board of Supervisors also serve as the Wiedemann Ranch GHAD Board of Directors.

Approval of the Red Hawk (Podva) annexation by the Board of Supervisors will complete actions necessary to under California Public Resources Code Section 26581.

CONSEQUENCE OF NEGATIVE ACTION:

If the Contra Costa GHAD Board of Supervisors does not proceed with this matter, satisfaction of annexation requirements under California Public Resources Code Section 26581 will not be complete and future transfer of responsibilities to the GHAD as anticipated in the Plan of Control will likely be delayed and possibly may not occur.