HomeMy WebLinkAbout071525-08.1
ADMINISTRATIVE STAFF REPORT 8.1
TO: Mayor and Town Council July 15, 2025
SUBJECT: Resolution No. 57-2025, appointing members to the Board of Directors for
the Magee Ranch Geologic Hazard Abatement District
BACKGROUND
State law (Public Resources Code Section 26500 et seq.) provides for the formation of
Geologic Hazard Abatement Districts (GHAD’s), which serve as a mechanism for
implementing and funding the mitigation, abatement or control of geologic hazards. The
GHAD can be proposed by a developer, but formation of a GHAD must be approved by
resolution of the legislative body for the jurisdiction in which the property to be included in
the GHAD is located. As part of that initial formation process, the legislative body may
either appoint five owners of real estate within the boundaries of the GHAD as the board of
directors for the GHAD or may appoint themselves as the board of directors.
On August 4, 1992, the Town Council adopted Resolution No. 124-92, approving formation
of the Magee Ranch GHAD and appointing five property owners within the boundaries of
the GHAD as the initial Board of Directors. (Attachment B). That formation included the
plan of control, which is the document describing the maintenance activities to be
performed by the GHAD. On November 17, 1992, the Town Council adopted Resolution
No. 173-92, appointing two new members to the GHAD Board of Directors to replace two
members who had resigned. (Attachment C) Subsequent to these actions, the Town has had
no need to interact with the GHAD. This is the only stand-alone GHAD within the Town
as more recent developments have annexed into larger, existing GHADs in Contra Costa
County. Such annexations do not require any action by the Town.
DISCUSSION
The Town was recently contacted by the Magee Ranch HOA regarding the GHAD.
(Attachment D) The Board of Directors of the Magee Ranch GHAD never functioned or
operated and the Board members previously appointed are no longer able to serve, so no
action can be taken to get the GHAD back on track. In consultation with the attorney for
the HOA/GHAD, it has been determined that the best way forward is for the Town Council
to appoint five new members to the GHAD Board. Once that is done, they will be able to
Magee Ranch GHAD Board 2 July 15, 2025
take the steps needed to update their plan of control and any other necessary actions to
make the GHAD operational. Taking this action does not obligate the Town to do anything
else with respect to the GHAD nor create any financial obligations. It simply allows them
to get their house in order.
The Magee Ranch HOA has submitted the names of the following five property owners
within the GHAD boundaries who have volunteered to serve on the GHAD Board:
1. Andrew Rodgers
2. Keith Witz
3. Troy Gaspar
4. Susan Tully
5. Paul McAlpine
PUBLIC CONTACT
Notice of the public hearing was published in a newspaper of general circulation. A copy of
the staff report and resolution have been provided to the HOA. Posting of the meeting
agenda serves as notice to the general public.
FISCAL IMPACT
None.
RECOMMENDATION
Adopt Resolution No. 57-2025, appointing members to the Board of Directors for the Magee
Ranch Geologic Hazard Abatement District.
Prepared by:
Robert B. Ewing
City Attorney
Attachments: A-Resolution No. 57-2025
B-Resolution No. 124-92
C-Resolution No. 173-92
D-Letter from Magee Ranch HOA
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D