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HomeMy WebLinkAbout081225-08.1 ADMINISTRATIVE STAFF REPORT 8.1 TO: Mayor and Town Council August 12, 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 contacted earlier this year 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 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. Magee Ranch GHAD Board 2 August 12, 2025 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 This item was originally scheduled for consideration by the Town Council on July 15, 2025. However, in response to a request by Magee Ranch resident Cammy Ticknor to be one of the five property owners appointed to the GHAD Board (see Attachment E) the Council chose to continue the matter in order to get more information from the HOA on their selection process. Attachment F is the HOA’s letter explaining the process which they used to reach out to members and the qualifications of the five people they have nominated. A representative of the HOA will be present at the meeting to answer any additional questions. It should be emphasized that whatever steps the new GHAD Board takes, they will have no financial impact or obligation for the Town. PUBLIC CONTACT Notice of the public hearing was published in a newspaper of general circulation for the July 15th meeting. By continuing that meeting to this date certain, no further publication was required. A copy of the staff report and resolution have been provided to the HOA and to Ms. Ticknor. 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 Magee Ranch GHAD Board 3 August 12, 2025 Attachments: A-Resolution No. 57-2025 B-Resolution No. 124-92 C-Resolution No. 173-92 D-Letter from Magee Ranch HOA dated 5/20/25 E-Application from Cammy Ticknor F-Letter from Magee Ranch HOA dated 7/22/25 RESOLUTION NO. 57-2025 APPOINTING MEMBERS TO THE BOARD OF DIRECTORS FOR THE MAGEE RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT WHEREAS, state law (Public Resources Code Section 26500 et seq.) provides for the formation of Geologic Hazard Abatement Districts (GHADs), which serve as a mechanism for funding the mitigation, abatement or control of geologic hazards; and WHEREAS, 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; and WHEREAS, pursuant to Public Resources Code Section 26567, the legislative body may either appoint five owners of real property within the boundaries of the GHAD as the board of directors for the GHAD or may appoint themselves as the board of directors; and WHEREAS, on August 4, 1992, the Town Council adopted Resolution No. 124-92, approving formation of the Magee Ranch GHAD for the Magee Ranch subdivision and appointing five property owners within the boundaries of the GHAD as the initial Board of Directors; and WHEREAS, 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; and WHEREAS, the Magee Ranch GHAD Board of Directors never acted or operated; and WHEREAS, the Magee Ranch HOA, which has been carrying out the obligations of the GHAD, has asked the Town to appoint five new members of the GHAD Board of Directors to enable them to operate and take the legal steps to update their plan of control and other necessary actions; and WHEREAS, the Magee Ranch HOA has submitted the names of five property owners within the GHAD boundaries who have volunteered to serve on the GHAD Board; now, therefore, be it Docusign Envelope ID: 13F0C1BF-9675-4F5E-8117-6ABEF2E880AD ATTACHMENT A PAGE 2 OF RESOLUTION NO. 57-2025 RESOLVED, that the Danville Town Council hereby appoints the following individuals to serve as the Board of Directors for the Magee Ranch Geologic Hazard Abatement District: Andrew Rodgers Keith Witz Troy Gaspar Susan Tully Paul McAlpine APPROVED by the Danville Town Council at a regular meeting on August 12, 2025 by the following vote: AYES: NOES: ABSTAINED: ABSENT: ______________________________ MAYOR APPROVED AS TO FORM: ATTEST: _______________________________ ______________________________ CITY ATTORNEY CITY CLERK Docusign Envelope ID: 13F0C1BF-9675-4F5E-8117-6ABEF2E880AD ATTACHMENT B ATTACHMENT C ATTACHMENT D Town of Danville – Geologic Hazard Abatement District (GHAD) Application for Appointment to GHAD Board of Directors Board: Magee Ranch GHAD Board Date: July 10, 2025 1.Personal Information Full Name: Cammy Chiang Ticknor Residence Address: 136 Windover Drive, Danville, CA 94506 Home Phone #: 925-997-1595 Cell Phone #: 925-997-1595 Email Address: cammyticknor@gmail.com Resident Since (MM/YYYY): 06/1995 Do you own property within the GHAD boundary? Yes Do you live within the GHAD boundary? Yes 2.Eligibility and Disclosures Are you a current member of any Town commission or board? If yes, list in “Additional Information” below. No Do you anticipate any actual or perceived confiicts of interest (e.g., contractor/vendor relationship with GHAD)? If yes, describe in “Additional Information” below. No Do you flle or will you flle Form 700 (Statement of Economic Interests)? Yes Additional Information: Nothing to note. 3.Statement of Interest I am applying to serve on the Magee Ranch GHAD Board to help protect our community from geologic hazards like landslides and slope erosion. I have lived in Danville since 1983 and in Magee Ranch since 1996. I care deeply about preserving the safety and quality of life in our neighborhood. My background as a long-time property owner and 2 years of service on the Magee Ranch HOA Board—along with four years on the Landscape Committee—have given me valuable insight into the terrain in Magee Ranch, homeowner concerns, and fiscal oversight. I believe I can contribute thoughtfully to the review of maintenance plans, budget priorities, and public outreach to ensure our community remains safe and well-informed. ATTACHMENT E Town of Danville – Geologic Hazard Abatement District (GHAD) Application for Appointment to GHAD Board of Directors 4.Relevant Background & Experience Professional Experience: •25+ years as a successful business owner •Program/Project Management •Contract Management •Operational Oversight •Financial Stewardship Community Involvement / Civic Engagement: •Magee Ranch HOA Board Member (2 years) •Magee Ranch Landscape Committee Member (4 years) •U.S. Small Business Administration 8(a) Association Vice President (6 years) •U.S. Army Reserve Award of Excellent Service Knowledge of GHAD-related Issues: •Flooding and Erosion •Landslide and Slope Stability Risks •Capacity and Infrastructure Strain •Community Concerns 5.Availability Availability for monthly evening meetings? Yes Willing to participate in site walks, emergency calls, or special retreats? Yes If you have any scheduling confiicts or concerns, please describe them below: (For example: limited availability during certain months, caregiving obligations, work-related travel, etc.) I have no known scheduling limitations. I have regularly attended HOA board meetings over the past 10 years and anticipate being able to attend GHAD meetings with the same level of consistency and commitment. 6.Certiflcation I certify that I live in Danville within the GHAD district and the information provided is true. I understand that I may be required to file a Statement of Economic Interests (Form 700) and complete AB 1234 ethics training upon appointment. Signature Date 07/10/2025 HOMEOWNERS ASSOCIATION c/o Homeowner Association Services ♦ 2266 Camino Ramon, San Ramon, CA 94583 Telephone: (925) 830-4848 ♦ Fax: (925) 830-0252 ♦ Email: slint@hoaservices.net July 22, 2025 Rob Ewing Town Attorney Town of Danville 500 La Gonda Way Danville, CA 94526 Re: Appointment of the Magee Ranch GHAD Board of Directors Dear Mr. Ewing: We wanted to share with you and the Town Council the process the Magee Ranch HOA went through in identifying the five landowners proposed to be appointed to the Magee Ranch GHAD Board of Directors. First, the GHAD Law does not require a process to identity the landowners for the GHAD Board. The GHAD Law allows the Town Council to either appoint five landowners, or itself, to act as the GHAD Board. The Town Council chose to appoint landowners when it formed the GHAD back in August 1992 and the Governing composition cannot be changed once one of the two options is chosen (i.e. once a landowner Board is established it stays that way forever). In 1992, it was the developer of Magee Ranch who identified the initial landowners the Council appointed to the GHAD Board. The HOA was working on identifying landowners for the Board for over a year. Beginning in March of 2024, a request for candidates went out via newsletter to all Magee Ranch landowners. Interested candidates were asked to contact HOA Management. That request was repeated again in the June 2024 newsletter and the September 2024 newsletter. During that time, the Magee Ranch HOA website also hosted a request for candidates. From March 2024 through March 2025, only two homeowners contacted Management in writing expressing a willingness to serve on the GHAD Board (these two persons are recommended to be appointed to the GHAD Board). After a year of unsuccessfully obtaining a full set of GHAD candidates, we began reaching out to those with experience that we believed could lead to a cohesive and effective GHAD Board. The three additional recommended appointees were identified in this way. The Magee Ranch GHAD was lucky to find landowners with an interest in serving on the GHAD Board. Nearly all have experience in relevant industries or have proven effective leaders and team members. When it came to determining representatives of the community to put forward, we felt the GHAD would be best served by those with a wide range of experience representative of the community. Troy Gaspar has a degree in geophysics; Keith Witz is a retired engineer; Susan Tully has years of experience with project management; Andy Rogers sits on the HOA Board and will help serve as a liaison between the two entities; and Paul ATTACHMENT F Rob Ewing July 22, 2025 Page 2 McAlpine is another engineer located in one of the higher risk areas of the community representing those that are passionate about the work the GHAD will do. We look forward to the Town Council meeting on August 12 wherein this appointment will be discussed. Very truly yours, Joe Falvey cc: Stacey Lint, CCAM Community Manager, Manager to Magee Ranch HOA Patricia Curtin, Fennemore LLP, Attorney