To: Board of Directors
From: Wendt Ranch Geological Hazard Abatement District
Report Title: Public Hearing on the Proposed Assessment for Somerset Development
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. OPEN and CONDUCT a public hearing on the proposed assessment for the Somerset Development;
2. CLOSE the hearing and consider any protests against the assessment;
3. DIRECT the GHAD Clerk to tabulate the assessment ballots; and
4. ADOPT Resolution No. 2023/05 accepting tabulation of ballots and considering any objections, and, if the vote supports the approval of the assessment, APPROVE Resolution No. 2023/06 confirming the assessment, and authorizing the levy and collection of the assessment for the Somerset development in the Wendt Ranch GHAD.
FISCAL IMPACT:
The HOA of the Somerset development is responsible for funding all GHAD Improvements, as defined in the Somerset Plan of Control dated June 28, 2021, within the Somerset development up and until the GHAD Improvements are accepted by the GHAD. Thereafter, if the assessment is approved, the GHAD would be funded 100% through those assessments levied on the properties within the Somerset development portion of the GHAD.
BACKGROUND:
The Somerset development (Subdivision 7763) is located north of Camino Tassajara at the intersection with Conejo Drive in Contra Costa County, California. One-hundred fifty residential townhome units currently exist within the Somerset development. As provided by GHAD law, residents within the Somerset development, Subdivision 7763 (“GHAD Annexation Area”), located in the Danville area of unincorporated Contra Costa County submitted a Petition for Annexation to join the existing GHAD which was accepted by the GHAD Board with the approval of Resolution No. 2021/02 on July 13, 2021.
On August 3, 2021, the GHAD Board, pursuant to Resolution No. 2021/02, approved the annexation of the Somerset development into the GHAD and adopted the Plan of Control for the Somerset development. On October 3, 2023, pursuant to Resolution No. 2023/04, the GHAD Board declared its intent to order an assessment and set a public hearing for November 28, 2023, to consider the proposed assessment.
At the November 28, 2023 hearing, the GHAD Board will hear and consider any protests against the proposed assessment. If a majority of the voting property owners within the Somerset development protest the assessment, the GHAD Board is precluded by law from ordering the assessment. As required by law, following the October 3, 2023 board meeting, ballots on the proposed assessment were mailed to the property owners within the Somerset development. The property owners may vote either to approve or reject the asessment. Ballots returned to the GHAD Clerk will be presented to the GHAD Board at its hearing on November 28, 2023.
The Engineer’s Report (attached as Attachment A to Resolution No. 2023/05) recommends an assessment limit of $615.00 per single family residential unit (fiscal year 2022/2023 dollars). The annual assessment limit would be adjusted annually based on the San Francisco-Oakland-Hayward Consumer Price Index (CPI). The assessment will allow the GHAD to fund estimated administrative, monitoring, maintenance, and repair expenses within the Somerset development.
CONSEQUENCE OF NEGATIVE ACTION:
The Somerset portion of the GHAD would have no secured funding source so GHAD services could not be provided to this area of the GHAD.