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Home My WebLink AboutItem 4.01 Assessment Ballot Proceed [D)~SrR~CCr CLERK F~le # D[Q][zg][Q]..rn SCHAEFER RANCH GEOlOG~C HAZARD ABATEMENT D~STR~CT AGE~DA STATIEMIENT DISTR~CT BOARD MIEIET~NG DATE December ~8, 2007 SUBJECT ResolutiOn ImtIatmg Assessment Ballot Proceedmg and Expressmg Intent to Order an Assessment to Pay for the Cost and Expenses of the Mamtenance and OperatiOns of the Improvements wIthm the Schaefer Ranch GeologIc Hazard Abatement DistrIct (GHAD) Report Prepared by Me/lssa Morton Interim Dlstnct Man~ ResolutiOn ImtIatmg Assessment Ballot Proceedmg and Expressmg Intent to Order an Assessment to Pay for the Cost and Expenses of the Mamtenance and OperatIons of the Improvements wIthm the Schaefer Ranch GeolOgIC Hazard Abatement DIstnct, together WIth ExhIbIt "A", Boundary Map ExllibIt "B", Engmeer's Report ExhIbIt "C", NotIce ofPubhc Heanng ExhIbIt "D", Assessment Ballot and Ballot instructiOns A 'IT AClIIMENTS RECOMMENDATION ~ Adopt the ResolutIon mItIatmg an assessment ballot proceedmg and expressmg mtent to order an assessment to pay for the cost and expenses of the mamtenance and operatiOns of the Improvements withm the Schaefer Ranch GeologIC Hazard Abatement DIstnct FINANCIAL STATEMENT The GHAD does not currently have a source of revenues to finance Its operatIons The funds generated WIll pay for the mamtenance and operatIon of GHAD improvements m the DIstnct DESCRIPTION DIvISIon 17 of the Cahforma Pubhc Resources Code establIshes legal standards for GeologIC Hazard Abatement Distnct ("GHAD") formatiOn, GHAD financmg and the scope of GHAD authonty (SectiOn 26500 et seq ) On December 5, 2006, the City CouncIl approved the formatiOn of the Schaefer Ranch GRAD The City CouncIl SItS as the Board of DIrectors of the Schaefer Ranch GHAD There IS currently no financmg mechanism m place to pay for the Schaefer Ranch GHAD actIVItIes COPY ']['0 ][,][,EM NO 'i~ Page 1 of3 G \GHAD\Schaefcr\Assessment Levy Rcsolutlon\agst Initiating assessment ballot DOC cl-- The adoptiOn of this Resolution would Initiate an assessment ballot proceedmg for the Schaefer Ranch GHAD If approved, a new assessment zone WIll be created to pay for GRAD activItIes m Schaefer Ranch The annual assessments, If confirmed by the Board of Directors, wIll generate $1,475 per detached smgle famIly residence and $050 per square foot for commercial propertIes wIthm the DIstnct, adjusted annually based upon the percentage change m the San FranCIsco-Oakland-San Jose Consumer Pnce Index for All Urban Consumers ANALYSIS CalIfornIa Pubhc Resources Code ~ 26550 5 provides that proceedmgs for the formatiOn of a new GHAD may be InItiated by a petitIOn sIgned by owners of at least ten percent (10%) of the real property to be mcluded wlthm the proposed dlstnct On November 1, 2006, the City CouncIl was presented wIth a petItIon for the formatIon of the Schaefer Ranch GHAD ("PetItIon") On November 7, 2006, the City CouncIl adopted ResolutIon No 211-06, acceptmg the PetItIOn and settmg a hearIng on the formatiOn of the Schaefer Ranch GHAD ("Heanng") Notice of the Heanng was given pursuant to the provlSlons of Pubhc Resources Code SectiOns 26564 through 26566 On December 5, 2006, the HearIng was held on the fonnatlOn of the Schaefer Ranch GHAD At the Heanng, the owners of more than 50 percent of the assessed valuatiOn of property wIthm the temtory dId not object to the formatiOn of the GHAD, and the Board of DIrectors thereafter adopted Resolution No 224-06 approvmg the formatiOn of the Schaefer Ranch GHAD In order to defray the costs and expenses of mamtammg and operatmg the Schaefer Ranch GRAD Improvements wlthm Schaefer Ranch, as deSIgnated m the Plan of Control for the Schaefer Ranch GeologiC Hazard Abatement District ("Plan of Control") on file WIth the Distnct Clerk, It IS necessary to proVIde a relIable fundmg mechanIsm for those Improvements PublIc Resources Code SectIOns 26650 et seq authonze, after a noticed publIc heanng, the levy and collection of assessments upon benefited property to pay for the mamtenance and operatIOn ofDlstnct improvements ProposItIon 218 Imposes addItIonal reqUIrements for the levy and collection of assessments, mcludmg the mallmg of notIce, ballotmg matenals and mstructIOns as specIfied In Government Code SectIOn 53753 to each record owner of a parcel subJ ect to the proposed assessment at least 45 days pnor to a publIc heanng on the levy of the assessment In additIOn, ProposItion 218 reqUIres the creatIOn of an engmeer's report that separates the speCial benefits prOVIded to the properties to be assessed from the general benefits to the publIc at large An engIneer's report for Schaefer Ranch ("EnglOeer's Report") has been prepared by Enc Harrell, Engeo, Inc , the DIstnct Engmeer, who IS a regIstered profeSSIOnal engmeer certified by the State of CalIfornia The Engmeer's Report separates the speCial benefits proVIded by the Schaefer Ranch GRAD to property wIthm Schaefer Ranch from general benefits conferred on the publIc at large, identlfies the speCially benefited parcels, and sets forth the estImated budget, the total assessment to be leVied agamst each parcel of property wIthm Schaefer Ranch, and prOVIdes a descnptlOn of the method used In formulatmg the assessments NotIce and ballotmg matenals WhICh mclude the amount of the assessment proposed to be Imposed on each parcel, the baSIS upon whIch the amount of the proposed assessment was calculated, the reason for the assessment, and the date, tIme and locatIon of a publIc heanng on the proposed assessment ("Assessment Heanng") Will be maIled out at least 45 days before the date set for the Assessment Page 2 of3 Heanng At the Assessment Heanng, the Board of DIrectors wIll consider all statements and all wntten protests made or filed by any Interested person at or before the conclusIOn ofthe Assessment Heanng Upon conclusIOn of the Assessment Heanng, the Board of DIrectors WIll determme whether a maJonty protest eXIsts III accordance wIth Government Code SectiOn 53753 Once tabulated, assessment ballots Will be weighted accordIng to the proportIOnal financIal oblIgatiOn of each affected property If the Board of Directors determmes that a maJonty protest does not eXist at the conclUSIOn of the Assessment Heanng, the Board of Directors may then adopt a resolutiOn to levy the assessment for Schaefer Ranch RECOMMENDATJION It IS recommended that the Board of Directors adopt the resolutiOn inItIatmg an assessment ballot proceedmg and expressIng mtent to order an assessment to pay for the cost and expenses of the mamtenance and operatiOns of the Improvements withm the Schaefer Ranch GeologiC Hazard Abatement Distnct Page 3 of 3 l Vb L-j{p RJESO/LUJ'flfON NO -07 RESO/LUnON OF Tll-lIE BOARD OF Tll-lIE SCHAEFER RANCH GEO/LOGIC HAZARD ABATEMENT DISTRIC'f ***************************** INITllA TING AN ASSESSMEN'f BALLOT PROCEEDING AND EXPRJ8SSING INTENT TO ORDER AN ASSESSMENT TO PAY FOR 'I HE COST AND EXPENSES OF IMPROVEMENTS WI'fHIN THE SCHAEFER RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT WHEREAS, thIS ResolutiOn IS adopted pursuant to the proViSIOns of DIvIsIon 17 (SectIOn 26500 et seq ) of the Pubhc Resources Code, entitled "GeologiC Hazard Abatement DIstncts", and WHEREAS, on December 5,2006, the CIty CouncIl of the CIty ofDubhn (the "City") approved ResolutIOn No 224-06 which created the Schaefer Ranch GeologiC Hazard Abatement Dlstnct ("DIstnct") WIth the Board ofDuectors to conSIst of the City CouncIl of the City of Dub 1m, and WHEREAS, the property wIthm Schaefer Ranch is identIfied m the map attached as ExhibIt A, and each parcel to be assessed is identIfied by an assessor's parcel number, If aVailable, and WHEREAS, m order to defray the costs and expenses ofmamtammg and operatmg the Dlstnct Improvements withm Schaefer Ranch, as deSIgnated m the Plan of Control for the Schaefer Ranch GeologiC Hazard Abatement DistrIct ("Plan of Control") on file WIth the DIstnct Clerk, It WIll be necessary to proVIde a relIable source of fundmg to the DIstnct, and WHEREAS, PublIc Resources Code Sections 26650 et seq authonze, after a noticed publIc heanng, the levy and collection of an assessment upon benefited property wIthm the DIstnct to pay for the mamtenance and operatIOn of DIstnct Improvements, and Wll-lIEREAS, CalIfornIa Government Code SectIons 53750 et seq (whIch Implement California ConstItutIOn ArtIcle XIID, known as ProposItion 218), and Government Code SectIon 53739 nnpose addItional requIrements for the levy and collection of assessments, mcludmg the maIlmg of notice mcludmg ballotmg matenals and mstructIOns as specl tied m SectiOn 53753 to each record owner of a parcel subject to the proposed assessment at least 45 days pnor to a public heanng on the levy of the assessment, and WHEREAS, an engmeer's report for Schaefer Ranch, attached as Exhibit B ("Engmeer's Report") has been prepared by the mtenm Dlstnct Engmeer, who IS a regIstered professIOnal engmeer certified by the State of CalIfornia, and WHEREAS, the Engmeer's Report separates the specIal benefits prOVided by the DistrIct to property withm Schaefer Ranch from general benefits conferred on the publIc at large, Identifies the speCially benefited parcels, and sets forth the estimated budget, the total assessment to be leVIed agamst each parcel of property withm Schaefer Ranch, and proVides a deSCrIption ofthe method used In formulatmg the assessments, and WHEREAS, the levy of an assessment for DIStnCt actIVItIes withm Schaefer Ranch IS m the best mterests ofthe CitIzens of Dublm, \2--\~ -0-, 4- I RT~~ :<t L-/lJ NOW, THEREFORE BE IT lRJESOlL YEn, by the Board of Duectors of the Schaefer Ranch GeologIc Hazard Abatement Distnct, that Section 1 Fmdml!s and DetermmatIons The Board of Duectors hereby finds and determmes that the above recItals are true and correct and have served as the basIs, m part, for the findmgs and actions of the DIstnct set forth below SectiOn 2 DirectiOn 1 The Board of Duectors hereby declares Its mtentIOn, conSIstent With the reqUIrements ofPubhc Resources Code SectIOns 26650 et seq , Article XnID of the CalIfornia ConstitutIOn, Government Code SectIOns 53739 and 53750 et seq, and ElectIOns Code Section 4000, to order that the costs and expenses ofDIStnct improvements, descnbed m detaIl m the Engmeer's Report, shall be assessed agamst the property wIthm Schaefer Ranch whIch is benefited by the DIStnCt 2 The Board ofDuectors further declares Its mtentIon to assess agamst the property wlthm Schaefer Ranch, for the 2008-2009 fiscal year and for subsequent years, the assessment amounts apportIOned m accordance With the Engmeer's Report, adJusted for mflatIon annually to reflect the percentage change utIlIZIng the San Franclsco-Oakland-San Jose Consumer Pnce Index for All Urban Consumers plus 05 percent for the month of December preViOUS to the budgeted fiscal year 3 Each of the parcels m the property Identified m Exhibit A WIll receIve a particular and dIstmct speCial benefit m the form ofDlstnct faCIlIties and services WhICh are over and above the general benefits receIved by the general publIc at large The DIstnct's actiVItIes mclude (a) momtonng, repaIr and mamtenance of natural and excavated slopes and surface dram age faCilItIes to prevent certam geologlc hazards, and (b) may mclude temporary and permanent mitIgatiOn, repairs and Improvement measures to abate or control geologiC hazards These speCial benefits are deSCrIbed In detail m the Plan of Control on file WIth the DIstnct Clerk 4 The Board of Directors has revIewed and conSidered the Engmeer's Report attached hereto as ExhIbit B The Engmeer's Report Identifies the speCial benefit conferred on the entne DIstrIct and each parcel that WIll be subJect to the assessment and separates that speCial benefit from the general benefit conferred on the publIc at large Such speclal benefit denved from the Dlstnct IS proportIonal to and no greater than the reasonable cost of the speCial benefits conferred The assessment does not exceed the reasonable cost of the proportIOnal speCial benefit conferred 5 NotIce IS hereby gIven of a publIc hearIng ("Heanng") on February 5, 2008, at the hour of 7 00 pm, at 100 CIVIC Plaza, DublIn, CA 94568 The Heanng Will be on the questIOn of the levy and collectIOn ofthe Dlstnct assessment for Schaefer Ranch ("Assessment") for the 2007-2008 fiscal year, and for each future year based upon the percentage change m the San FranCIsco-Oakland-San Jose Consumer Pnce Index for All Urban Consumers At the Heanng, the Board of Directors Will conSider all statements and all wntten protests made or filed by any mterested person at or before the conclUSIOn of the Heanng concernmg the Improvements, assessment zones wIthm the DistrIct, the proposed diagram, the proposed Assessment and the engIneer's estimate of the cost of the Improvements Dunng the course or upon the conclUSIOn of the Heanng, the Board of Directors may order changes many of the matters proVIded m the Engmeer's Report Upon conclUSIOn of the publIc HearIng, the Board of Directors shall determme whether a maJonty protest eXIsts m accordance With CalIfornIa Government Code SectiOn 53753 In tabulatmg the Assessment ballots, the Assessment ballots shall be weighed accordmg to the 2 ? 'b tfi{; proportIOnal finanCial obligatIon of the affected property If the Board of DIrectors determmes that a maJonty protest does not eXIst, the Board of Directors may take actIon to levy the Assessment 6 Dlstnct Staff is hereby dIrected to mall a notice of the Heanng and proposed assessment, attached as ExhIbit C ("Notice"), to each record owner of a parcel withm Schaefer Ranch announcmg that ballots WIll be canvassed and a heanng conducted on February 5, 2008, on the levy and collection of the Assessment for the 2008 - 2009 fiscal year, and for each future year followmg the levy of the Assessment The Assessment Ballot and Ballot Instructions, attached as ExhIbIt D, shall be attached to the Notice 7 The PublIc Works Director for the CIty ofDubhn, or her deSIgnee, IS hereby desIgnated as the person to answer mqumes regardmg any proceedmgs and other matters related to the levy of the DIstnct Assessment wIthm Schaefer Ranch, and may be contacted dunng regular busmess hours at (925) 833- 6630 Section 3 CertIficatIOn The Dlstnct Clerk shall certify the adoptIon of thIS ResolutIOn Section 4 Effective Date ThIS Resolution shall take effect Immediately upon adoption PASSED AND ADOPTED on the 18th day of December, 2007, by the followmg vote AYES NAYS ABSTAINED ABSENT President ATTEST Dlstnct Clerk G \GHAD~chaefer\Schaefer Assessment ResolutlOn DocumenlS\Reso of Intent Order Assessment and Imtlate Assessment Ballot Proceedmg DOC 3 SCALE 1" = 1000' ~ /J.tJ " .", -, ~,- C') I C\J I co -.- I - "<:I- Q') / ~ l.t -t -OOOt ~ 'r/~ 8 C\J ~ I co -.- I -.- "<:I- Q') I.c) I 00 ..- I -.- <.0 I co ""- I -- "<:I- 0) ~ co () '<:I- I C\J ~ C\J I I - co () I () C) C) () C) -.- I -.- (1J I l.() "( I.c) co co "<t <.0 ~\ ~ I I C) C) C) C) C) C) ~ \ i "- , "<:l- I co -.- I ..- "<:I- 0) ~ f::! ~ fQ ~ ~ ~'tJ tfl! ~ ...... ~ :t ~ Wj (,) ~ Q: ~ o C!) ~ Cf.) ~ Q ~ (.:) :t (.) ~ ~ ffj ~ ~ (..;) (1) ~ t ~ ~ J ~ ~. ~ J I.; a";u lfH ~U ~U rru"Z.. ~ j ~ ~~ lliKlliIlL To the Resolution ~ ~ ENGINEER'S REPORT for GEOLOGIC HAZARD ABATEMENT DISTRICT SCHAEFER RANCl-1 CITY OF DUBLIN, CALIFORNIA NOVEMBER 20, 2007 6tfJ L1lR ImillIIrIr ~ D To the Resolution TABLE OF CONTENTS CERTIfICATION Of fiLING I INTRODUCTION II BACKGROUND III GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES IV SERVICE LEVELS V DESCRIPTION Of THE GHAD IMPROVEMENTS VI ASSESSMENT M[THOD VII ASSESSMENT LIMIT - BUDGET EXHIBIT A - BOUNDARY MAP EXHIBIT B - LEGAL DESCRIPTION EXHIBIT C - SCHAEFER RANCH GHAD BUDGET 04748 I50 001 November 20,2007 {p ff{; tf (p ~NGEO I NCORPORA TED Page 1 3 3 3 3 4 5 5 7 ~ tfip fElNlGEO INCORPORA TED ENGINEER'S REPORT GEOLOGIC HAZARD ABAfEMEN f DISTRICT-SCHAEFER RANCH (Pursuant to the PublIc Resources Code ofthe State ofCahfomla, SectIOn 26500 et seq ) CERrIFICATION OF FILING ENGEO Incorporated makes this report as directed by the GHAD Board of Directors The GHAD IS lOtended to proVide geologIc hazard Improvements wlthm the Schaefer Ranch development and to levy and collect assessments suffiCient to pay for those Improvements The Improvements which are the subject of thiS report are defined as any actlVlty necessary or mCldental to the prevention, mitigation, abatement, or control of a geologiC hanrd, construction, mamtenance, repaIr, or operation of any Improvement, or the Issuance and servlcmg of bonds Issued to finance any ofthe foregomg (SectIOn 26505) ThIS report consists of seven parts, as follows INTRODUCTION II BACKGROUND III GEOLOGIC HAZARD ABATEMENT DISTRICT DIAGRAM IV SERVICE LEVELS V DESCRIPTION OF GHAD IMPROVEMENTS VI ASSESSMENT METHOD VII ASSESSMENT LIMIT - BUDGET PROJECTION 04748 150001 November 20, 2007 ~ ff() * fENGEO I NCORPORA TED The undersigned lespectflllly submlts the enclo<;cd Engl11eer s Report Date Jikk 7- By ENGEO Incorporated ~(J t{-- ,GI: I IlEREBY CERTIFY that the enclo<;ccl Engll1ccl s Rt.pOlt wa<; filed on thc _ day of Clerk of the Board Scl1defeI Rdnch Geologic Hazard Abdtement Dlstnct DlIbll11, Call fomla 1 H[R[BY CCRl II-<Y tlhlt the enclosed Engl11eer's Report was approved and confim1ecl by the GHAD Boarcl on the clay of Prcsldent of the Board Schaefel Ranch GeologIC Hdl"drd Abatement Dlstnct DublIn, C1.!Jfonua APPROVED 04748 I50 001 November 20, 2007 2 q~ l[l.R ENGEO INCORPORA TED ENGINEER'S REPORT for GEOLOGIC HAZARD ABA TEMEN r DISTRICl SCHAEFER RANCH for the EST ABLISHMENl OF AN ASSESSMENT LIMIT INTRODUCTION The Schaefer Ranch Geologic Hazard Abatement District (GJ lAD) IS proposed to be formed under the authonty ofthe Cailfornla Public Resources Code, DIvIsIon 17, Section 26500 et seq II BACKGROUND Formation of the GHAD has been proposed to proVide a framework for the prevent lOn, mlhgatlOn, abatement, and control of Identified or potential geologic hazards III GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES The boundanes for the GHAD are shown In the diagram attached hereto as Exhibit A IV SERVICE LEVeLS The GHAD provides for actIVIty that IS necessary or inCIdental to the preventIOn, mitigatIOn, abatement, or control of geologiC hanrds including construction maintenance, repair, or operation of any Improvement, and the Issuance and servIcing of bonds Issued to finance any of the foregOing The GHAD provIdes for the admmIstratlon and review of faCIlities wlthm the budgeted limits, including the follOWing servIces 04748 150001 November 20,2007 3 l Of{) '11P fENl3EO INCOR PORA TE D Oversight ofGHAD activIties 2 In conjunction with the County Assessor's Office, settmg the annual levymg of assessments on the property tax rolls 3 RetentIOn of geotechnical professIOnals to perform the mOnitoring duties as descnbed m the GHAD Plan of Control 4 Performance of GHAD mamtenance actiVItIes 10 accordance wIth the GHAD Plan of Control These mamtenance actiVities mclude wIthout hmltatlOn o DetentIOn BaSinS and Water QualIty Basms on Parcels' R', 'G" and' V", Includmg ~tructures, vegetation and sedIment removal o Mamtenance and repaIr of EV A and access Roads o EroSIOn repairs o Revegetation and vegetahon control, mc1udmg fire break mowmg, weedmg and additIOnal hydroseedmg as deemed necessary o Sediment removal from concrete structures (appiles only to open-space catch baSinS, field mlets, V -ditches and storm dram pipes) o Slope stabilizatIOn (mclude~ mmor landslidmg and debris bench cleanng) o Subdram outfall mamtenance o Open-space storm dram pipe and V -ditch replacement 5 Slope Reconstruction 6 Preparation of annual GHAD budgets V DESCRIPTION OF THE GHAD IMPROVEMENTS The GHAD Improvements are descflbed III the Plan of Control prepared for Schaefer Ranch, dated November 1, 2006 In general, Improvements mclude three detentIOn basms, debris benches, dramage systems, mc1udmg concrete v-ditches m open space and on the hillsides, open- space storm dram plpelmes, mlets and outlets, subdrams III open space, and reconstructed slopes 04748150001 November 20,2007 4 JlDb * fENGEO INCORPORA TED VI ASSESSMENT METHOD The Improvements descnbed m SectIon V are dIstributed wIthm the GHAD boundaries Mamtenance and protection of these Improvements provide a special benefit to all property owners WithIn the GHAD The District Engmeer hereby finds that the properties wlthm the District receive approxImately equal special benefit from the work and Improvements wlthm the GHAD As a result, the GHAD assessment IS distributed among all property owners wlthm the GHAD Smgle-famIly reSidences wIll be assessed as one umt Commercial buIlding space wIll be assessed on a per square foot basIs The total number of reSidential UnIts WithIn the DIstrict and the total square footage of commercial bUIlding space IS then dIVIded Into the annual DIstrict budget to develop the annual assessment amount A financial analYSIS was performed to proVIde a framework for an operatIng budget for the on-going abatement, mitigation, prevention and control of geologiC hazards Within the Schaefer Ranch development In preparatIon of the budget, several factors were conSidered mcludlng o SIte Geology o Proposed Remedial Gradmg o Proximity of GeologIC Hanrds to Proposed ReSidences o SIte Access ConSIderatIOns o Elements Requlflng Routme Mamtenance lncludmg WIthout LimitatIon I Surface Drainage Facliltles 2 Graded Slopes 3 DetentIon Basm VII ASSESSMENT LIMIT - BUDGET Based on the estImated expenses for on-gomg operatIons, and allOWing for larger (approximately $1 000,000) geologiC events at 13-year mtervals, a budget was prepared for the purpose of estImating inItial assessment levels (Exhibit C) In order to establIsh a reasonable reserve III the early years followmg formation of the GHAD, there wlil be an Imtlal deferral of GHAD expenses as descnbed In the Plan of Control The District Engmeer recommends an annual assessment hmlt (2007 dollars) of $1,475 per reSIdential UnIt and $050 per square foot of commercial space to be leVied In the conjunctIon With the Issuance of bUlldmg permits as deSCribed In the Amended Plan of Control ThiS lImIt 04748150001 November 20,2007 5 l~ 6Q tf~ !ENGEO INCOR PORA TED will escalate annually based on the San Franclsco-Dublm-San Jose Consumer Price lndex plus an additIOnal 0 5 percentage pomts 04748 150001 November 20,2007 6 EXIDBIT A Boundary Map 04748 150001 November 20,2007 l ? 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"" - ~ :t ;ct) .. ~ .....rl: ~~ ~g l.l.iCQ a ~ o EXHIBIT B Legal Descrlptton 04748150001 November 20, 2007 l18~ 4t.p /ENJ3EO INCORPORA TED lltfJ 41P EXHmIT "B" GHAD LEGAL DESCRIPTION ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS A PORTION OF SECTIONS 3 AND 4, TOWNSHIP 3 SOUTH, RANGE 1 WEST, MOIJNT DIABLO BASE AND MERIDAN, MORE PARTICULARLY DESCRIBED AS FOLWWS BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 4, THENCE ALONG THE NORTH SECTION LINE OF SAID SECTION 4, SOUTH 89029'04" EAST 2594 67 FEET TO THE NORTH Y4 CORNER OF SAID SECTION 4, THENCE CONTINUING ALONG SAID NORTH SECTION LlNE SOUTH 89033'52" EAST 171515 FEET, THENCE ALONG THE ARC OF A NON-TANGENT CURVE, THE RADWS POJNT OF WInCH BEARS SOUTH 79006'33" EAST, CONCA VB TO THE EAST, HAVING A RADWS OF 172 50 FEET, THROUGH A CENTRAL ANGLE OF 59Q21'40", AN ARC LENGTH OF 17902 FEET, THENCE SOUTH 48034'13" EAST 14511 FEET, THENCE ALONG THE ARC OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 23750 FEET, THROUGH A CENTRAL ANGLE OF 38035'04", AN ARC LBNGTII OF 15994 FEET, THENCE SOUTH 09059'09" EAST 3593 FEET, THENCE ALONG THE ARC OF A CURVE CONCAVE TO THE WEST, HAVlNG A RADIUS OF 23750 FEET. THROUGH A CENTRAL ANGLE OF 26018'25", AN ARC LENGTH OF 10905 FEET, THENCE SOUTH 16019'16" WEST 10823 FEET, THENCE SOUTH 73040'44" EAST 2500 FEET, THENCE SOUTH 41019'00" EAST 43812 FEET, THENCE SOUTH 32004'20" EAST 24989 FEET, THENCE sourn 18005'49" EAST 49744 FEET, THENCE SOUTH 02020'33" EAST 50281 FEET, TIIENCE SOUTH 18035'08" EAST 17693 FEET, THENCE SOUTH 00034'07" WEST 178 88 FEET, TIffiNCE som 19009'21" WEST 33898 FEET. THENCE SOUTH 84055'54' WEST 22756 FEET, THENCE SOUTH 05004'06" EAST 17432 FEET, THENCE SOUTH 15029'10" WEST 205 13 FEET, THENCE NORTH 89042'48" EAST 816 74 fEET, TIIENCE SOUTH 72027'42" EAST 57368 FEET, THENCE SOU1H 76044'06" EAST 29982 FEET, THENCE NORTH 86001'31" EAST 565 57 FEET, THENCE SOUTH 90000'00" EAST II 8 45 FEET, TIffiNCE NORTH 52015'21" EAST 23887 FEET, THENCE SOlmI 80023'31" EAST 14572 FEET, THENCE SOUTH 57D59'05" EAST 33894 FEET, THENCE SOUTH 86040'56' EAST 32450 FEET, THENCE SOUTH 64023'41" EAST 47965 FEET, TJ.mNCE ALONG THE ARC OF A NON-TANGENT CURVE, THE RADIDS POINT OF WHICH BEARS NORTH 69000'53" EAST, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 55994 FEET, THROUGH A CENTRAL ANGLE OF 16017'59", AN ARC LENGTII OF 15929 FEET, THENCE SOUTH 37017'05" EAST 53 18 FEET, THENCE SOllTH 52046'22" WEST 5455 FEET, THENCE SOUTH 62026'35" EAST 64 98 FEET, THENCE ALONG THE ARC OF A NON-TANGENT CURVE, THE RADIUS POINT OF WHICH BEARS NORTH lZDb ~ 01 "24 '28' EAST, CONCAVE TO THE NORTH, HAVING A RADIUS OF 450 00 FEET, THROUGH A CEN fRAL ANGLE OF 11006'30" AN ARC LENGTH OF 87 24 FEET, THENCE NORTH 7r29'03" WEST 5782 FEET, THENCE ALONG THE ARC OF A CURVE , CONCA VB TO THE SOUTH, HAVING A RADIUS OF 1175 00 FEET, THROUGH A CENTRAL ANGLE OF 16"41 '54", AN ARC LENGTH OF 34244 FEET, TO A POINT or NON~TANGENCY, TIlE RADIDS POINT OF WHICH BEARS SOUTH 04010'57" EAST, THENCE SOUTH 24046'42" WEST 4126 FEET, THENCE SOUTH 79" 18'27" WEST 36 60 FEET, THENCE NORTH 34014' 51" WEST 45 12 FEET, THENCE SOUTH 84049'07" WEST 38653 FEET, THENCE ALONG THE ARC OF A CURVE, CONCA VB TO THE NORTH, HAVING A RADIDS OF 152500 FEET, THROUGH A CENTRAL ANGLE OF 12024'50", AN ARC LENGTH OF 33042 FEET TO A POINT OF COMPOUND CURVATURE, THENCE ALONG SAID COMPOUND CURVE, CONCA VB TO TIIE NORTH, HAVING A RADIUS OF 11 75 00 FEET, THROUGH A CENTRAL ANGLE OF 01050'23, AN ARC LENGTH OF 3773 FEET, TO A POINT OF NON~TANGENCY, THE RADIUS POINT OF WInCH BEARS SOlITH 05023'34" WEST, THENCE SOlITH 27037'39" WEST 12222 FEET, THENCE SOUTH 64056'28' WEST 15260 FEET, THENCE NORTH 5400520" WEST 22592 FEET, THENCE SOUTH 87"40'43" WEST 91 81 FEET, THENCE ALONG THE ARC OF A NON-TANGENT CURVE, THE RADIUS POINT OF WHICH BEARS NORTH 09053'56" WEST, CONCAVE TO THE NORTH, HA VING A RADlliS OF 1225 00 FEET, THROUGH A CENTRAL ANGLE OF 06025'W", AN ARC LENGTH OF J37 42 FEET, TO A POINT OF NON-TANGENCY, THE RADIUS POINT OF WHICH BEARS NORTH 03028'17" WEST, THENCE SOUTH 23037'03" WEST 16440 FEET, THENCE SOUTH 74001 35" WEST 19564 FEET, THENCE NORTH 82039'32" WEST 20410 FEET, THENCE NORTH 53044'04" WEST 25559 FEET, THENCE soum 820IS'54" WEST 10506 FEET, THENCE SOUTH 19051'38" WEST 170 84 FEET, TIIENCE NORTH 89027'07" WEST 115 6] FEET THENCE NORTH 24059'58" WEST 154 13 FEET, TI:lENCE SOUTH 88055'16" WEST 21617 FEET, THENCE SOlITH 19052'26" WEST 17882 FEET, THENCE SOUTH 85017'16" WEST 32099 FEET. TIlENCE NORTH 24024'25 WEST 14061 fEET, THENCE soum 86020'13" WEST 29472 FEET, THENCE SOUTH 48049'53" WEST 10297 FEET, THENCE NORTH 66031'21" WEST 23299 FEET, THENCE NORTH 43002'38" WEST 24196 FEET. THENCE NORTH 74041 '36" WEST 484 10 FEET, THENCE sourn 81008'09" WEST 37864 FEET, THENCE NORTH 41039'34" WEST 42698 FEET. THENCE NORTH 60033'37" WEST 26044 FEET, THENCE SOUTH 78003'55" WEST 38038 FEET, THENCE soum 53016'10" WEST 243 FEET, THENCE ALONG THE ARC OF A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 38900, 11IROUGH A CENTRAL ANGLE OF 26002'14", AN ARC LENGnI OF 17678 FEET, THENCE SOUTH 27013'56" WEST 7474 FEET, THENCE, ALONG THE ARC OF A NON- TANGENT CURVE. THE RADIDS POINT OF WHICH BEARS SOUTH 69001 '00" EAST, CONCA VB TO THE EAST, HAVING A RADIUS OF 65000 FEET, THROUGH A CENTRAL ANGLE or 04029'19", AN ARCH LENGTH OF 5092 FEET, THENCE SOUTH 16029'42" WEST 1885 FEET, THENCE NORTH 74030'24" WEST 30019 FEET, THENCE NORTH 67022'45" WEST 45831 FEET, THENCE NORTH 7601 I '25" WEST 45862 FEET, THENCE NORTH 87058'44" WEST 407 40 lqt* FEET, THENCE NORTH 76012'50"WEST 301 13 FEET. THENCE NORTI:l81006'38" WEST 22275 FEET. THENCE NORTH 55021 '20" WEST 27444 FEET, THENCE SOUTH 70039'55''WEST 12383 FEET, THENCE NORTI-I 03008'04" EAST 55844 FEET, THENCE SOUTH 88022'02" EAST 890 26 FEET, THENCE NORTH 01037'581> EAST 58344 FEET. THENCE NORTH 62027'25" EAST 53969 FEET, THENCE ALONG THE ARC OF A NON-TANGENT CURVE, TIm RADIUS POINT OF WHICH BEARS NORTH 24024'16" EAST, CONCAVE TO THE NORTI:IEAST, HAVING A RADIUS OF 803000 FEET, THROUGH A CENTRAL ANGLE OF 00020'22". AN ARC LENGTH OF 4756 FEET TO A POINT ON A REVERSE CURVE, THENCE ALONG THE ARC OF A REVERSE CURVE, CONCA VB TO THE SOUTHWEST, HAVING A RADIUS OF 157000 FEET, TIIROUOH A CENTRAL ANGLE OF 06024 '00". AN ARC LENGTH OF 175 37 FEET, TO A POINT OF NON-TANGENCY, THE RADIUS POINT OF WHICH BEARS SOUTH 18020'38" WEST, THENCE SOUTH 62027'25" WEST 34172 FEET, THENCE NORTH 75052'39" WEST 96367 FEET. THENCE NORTH 00030'45" WEST 31935 FEET, THENCE NORTH 00050'31" EAST 136244 FEET TO THE POINT OF BEGINNING CONT AJNlNG 444 83 ACRES ( 19,376,631 SQ FT) MORE OR LESS /1...0(" d6 EXHIBIT C Schaefer Ranch GI-IAD Budget 04748 150001 November 20,2007 zo~ ~(p /ENGEO INCORPO RATED EXHIBIT C Schaefer Ranch Gcologlc Hazard Abatement District Budget - August 16,2006 ASSUMPTIONS Total No of Umts Annual Assessment per Unit Total Non Residential BUlldmg Area (square feet) Annual Assessment per nonresidential (square feet) Annual Adjustment m Assessment Inflation Investment Earmngs Amount Fmanced Borrowing Rate Tenn of Loan (years) Frequency of Large Scale RepaIr (years) Cost of Large Scale Repair (current $) ESTIMATED ANNUAL EXPENSES IN 2006 DOLLARS DetentIOn Basm and Water Quality Pond Mamtenance (3 basms, I ncl structures sediment and vegetation removal) Mamtenance and RepaIr of EY A and Access Roads ErosIOn Repmrs GHAD Momtonng Program Major Landshdmg (Annualized) RevegetatIOn & vegetation control (mcludes firebreak mowing, weed 109 and additIOnal hydroseedmg as deemed necessary) Sediment Removal- Concrete Structures (excludes factlltlcs wlthm public nght of way) Slope StabilizatIOn (lOci mmor landslidmg and debris bench clearmg) Subdram Outfall Mamtenance Techmcal Consultants Open Space V Ditch & Stonn Dram Pipe Replacement (excludes facIlities wlthm public nght of-way) Admmlstratlon & Accountmg Mise & Contmgency (10%) TOTAL 04748 150001 November 20,2007 302 $1475 10000 $050 30% 30% 60% $0 N/A N/A 13 $1 000 000 $55 000 $ 10,000 $50 000 $30,000 $76923 $25,000 $25 000 $40000 $5 000 $25 000 $20,000 $50 000 $41.192 $453. 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I1:l * I;; m & N ~ Z-?lb tip Z'11JJ4(P SCIHIAEFER RANCH GEOlOG~C HAZARD ABATEMENT D~STR~CT MA~llElOl PJUIBUC HEAR~NG NOT~CE Pursuant to California ConstItution Article XIIID and CalIfornia Government Code Section 53753 levy of Assessment foil" the Schaefer Ranch Geolog~c Hazard Abatement D~str~ct C~ty of DlUIlblm, COll.mty of Alameda, Ca~~forma Pursuant to California Public Resources Code SectIon 26650 et seq To the record owner of the property located m the C~ty of DlUllblm, COlUlnty of A~ameda, Assessor's PJarcel Nos 85A-1000-1-9 85A-1000-1-11 85A-1 000-1-14 85A-1000-1-16 85A-1000-1-17 85A-1000-1-20 85A-1000-2-4 941-18-2-2 941-18-2-3 941-18-4-1 941-18-5 941-18-6 NOTICE IS HEREBY GIVEN IN ACCORDANCE WITH CALIFORNIA CONSTITUTION ARTICLE XIIID, CALIFORNIA GOVERNMENT CODE SECTION 53753, CALIFORNIA PUBLIC RESOURCES CODE SECTION 26652, AND OTHER APPLICABLE LAW, THAT On December 4,2007 the Board of Directors of the Schaefer Ranch Geologic Hazard Abatement Dlstnct ("Dlstrrct") adopted Resolution No , Inltlatmg an assessment ballot proceedmg and expressing the Intent to order an assessment for the Schaefer Ranch Dlstnct Accordingly, on February 5, 2008, at the hour of 700 pm at the CounCil chambers located at 100 CIVIC Plaza, Dublin, California 94568, the Board of Schaefer Ranch GHAD Mailed Notice of Assessment nmmrnr ~ To the Resolution 1'5"b L}~ Directors of the District will hold a public hearing ( Heanng") on the proposed levy of an assessment on properties within Schaefer Ranch At the Heanng, any mterested party may present wntten or oral testrmony, the Board of Directors will conSider all objections or protests, If any, to the proposed Improvement plans and speCifications, the construction, maintenance, operation and/or servicing of the proposed and eXisting Improvements, the estimated costs as set forth In the engineer s report prepared for Schaefer Ranch ("Engineer's Report"), the proposed Dlstnct assessment (' Assessment"), and conSider and determme whether the public Interest and convenience require the levy of the annual Assessment for the construction, maintenance, operation and/or servicing of the proposed and eXisting District Improvements The Engmeer's Report and the Plan of Control for Schaefer Ranch Geologic Hazard Abatement Dlstnct are on file and available for mspectlon at the Dlstnct Clerk's office Based upon the number of units proposed for development wlthm Schaefer Ranch, the total amount of the annual Assessment Will be $449,450 The total amount of the assessment IS calculated from Exhibit B based on 302 lots at $1 ,475 and 10,000 square feet of non-residentIal at $0 50 per foot The cu rrent, total amount of the proposed annual Assessment chargeable to the parcel listed above IS $449,450, which shall be adjusted annually pursuant to the percentage change In the December San Franclsco-Oakland-San Jose Consumer Price Index for All Urban Consumers plus 0 5 percent If the parcel listed above IS subdivided, each mdlvldual parcel thereby created shall pay an Assessment not to exceed $1,475 per resld entia I pa rce I and $0 50 per sq u a re foot for h a bltabl e non-residential space adjusted annually pursuant to the percentage change In the December San Franclsco-Oakland-San Jose Consumer Pnce Index for All Urban Consumers plus 0 5 percent Payments for the Assessment amounts specified above Will continue so long as the District continues In effect The reason for the Assessment IS to fund the cost of the District Improvements within Schaefer Ranch, as deSignated m the Plan of Control for Schaefer Ranch Geologic Hazard Abatement District on file with the Dlstnct Clerk The amount of the Assessment as specified above was calculated by diViding the estimated annual expenses for ongoing Dlstnct operatrons In Schaefer Ranch by the number of Units proposed for development within Schaefer Ranch, as detailed In the Engineer's Report and Plan of Control on file with the District Clerk ThiS establishes the assessment limit for the Schaefer Ranch Geologic Hazard Abatement Dlstnct Enclosed with thiS notice IS a ballot for use of the property owner specified above concerning the Assessment To be counted, the ballot must be Signed by the I property owner specified above whose name and address appears on the last equalized secured property tax assessment roll or If the owner specifIed above IS not an Individual, by an authorized representative of such owner The property owner speCified above or an authonzed representative must complete the ballot by pnntlng and slgnmg their name, writing the date, and marking their support or OppOSition to the Assessment as mdlcated on the ballot To be counted, the Schaefer Ranch GHAD Mailed Notice of Assessment ballot must be received before the conclusion of the public testimony at the Hearing on the Assessment on the date and time specified above by the District Clerk, either In person at 100 CIVIC Plaza, Dublin, California, or by marl at the same address Ballots will be tabulated by the District Clerk or a designee following the conclusion of the public testimony at the Hearing on the Assessment Ballots may be submItted, changed, or withdrawn by the person who completed the ballot before the conclusion of the publIc testimony at the Hearrng on the Assessment Ballots will be weighted according the proportional financial oblIgation of the affected property If the number of ballots tabulated In opposItion to the Assessment exceed those tabulated In favor of the Assessment, the Assessment will not be Imposed DATED By District Clerk Schaefer Ranch GHAD Mailed Notice of Assessment 1. f.o fJ fft/ "Z1r; 10 SCHAEFER RA~CH GEOlOG~C HAZARD ABA TIEMIENT [))~SlrR~CT BAllOT ~~STRUCT~O~S A~D BAllOT Pursuant to California Constitution Article XIIID and California Government Code Section 53753 levy of Assessment foil" the Schaefer Ranch Geolog~c Hazard Albatement D~strnc1 C~1y of DllIlb~m, County of Alameda, Ca~~foll"r~~a Pursuant to CalifornIa Public Resources Code SectIon 26650 et seq THIS BALLOT IS FOR THE USE OF THE RECORD OWNER OF THE PROPERTY LOCATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, ASSESSOR S PARCEL NUMBERS 85A-1000-1-9,85A-1000-1-11 85A-1000-1- 14, 85A-1000-1-16, 85A-1000-1-17, 85A-1000-1-20, 85A-1000-2-4, 941-18-2-2 941-18-2-3, 941-18-4-1, 941-18-5, and 941-18-6 On February 5,2008, at the hour of 700 pm at the Council chambers located at 100 CIVIC Plaza, Dublin, California 94568, the Board of Directors of the Schaefer , Ranch GeologiC Hazard Abatement District ("Dlstnct") Will hold a public heanng ("Hearing ') on the proposed levy of an assessment ("Assessment") on the Schaefer Ranch Dlstnct At the Hearing, any Interested party may present written or oral testimony, and the District Board of Directors Will conSider all objections or protests, If any, to the proposed Improvement plans and speCifications, the construction, maintenance, operation and/or servicing of the proposed and eXisting Improvements, the estimated costs as set forth In the engineer's report for Schaefer Ranch ("Engineer's Report ), and the proposed Assessment The District Will tabulate ballots concerning the levy of the Assessment, and the Board of Directors Will conSider and determine whether the publiC Interest and convenience reqUire the levy of the Assessment for the construction maintenance, operation and/or servicing of the proposed and eXisting District Improvements To be counted, thIS ballot must be Signed by the property owner speCified above whose name and address appears on the last equalized secured property tax assessment roll or, If the owner specified above IS not an indiVidual, by an authonzed representative of such owner The property owner specified above or an authOrized representative must complete thIS ballot by printing and signing their name, wntlng the date, and marking their support or OppOSition to the Assessment as Indicated on the ballot To be counted, thiS ballot must be received before the conclUSion of the public testimony at the Heanng on the Assessment on the date and time speCified above by the Dlstnct Clerk, either In person at 100 CIVIC Plaza, Dublin, California 94568, or by mall at the same_ ___ GHAD Schaefer Ranch Assessment Ballot nffiIl Dc To the ResolutIon ?l[; 1J 1rp address Ballots will be tabulated by the Dlstnct Clerk or a desIgnee following the conclusion of the public testimony at the Hearing on the Assessment Ballots may be submitted, changed, or withdrawn by the person who completed the ballot before the conclusIon of the public testimony at the Hearing on the Assessment Ballots will be weIghted according the proportional finanCial obligation of the affected property If the number of ballots tabulated In OppOSition to levy of the Assessment exceed those tabulated In favor of the Assessment, the Assessment will not be Imposed This ballot must be placed In the enclosed envelope and sealed prior to submission Ballots will remain sealed until tabulation commences DUring and after tabulation ballots will be treated as dlsclosable public records If you have any questIons, please contact Frank Navarro, Senior CIvil Engineer at (925) 833- 6630 Schaefer Ranch GeologiC Hazard Abatement Dnstrlct Assessment Ballot Mark With an ")(" or other mark Shall the Board of Directors of the Schaefer Ranch GeologiC Hazard Abatement District Impose annual assessments on parcels Within the District that shall not exceed $1475 per detached Single family reSidential Unit and $0 50 per square foot for habItable non-residential space beginning With the 2007-2008 fiscal year and adjusted for inflation annually thereafter based upon the percentage change In the December San Franclsco-Oakland-San Jose Consumer Price Index for All Urban Consumers plus 0 5 percent? Yes No The total amount of the proposed annual Assessment chargeable to the parcels listed above for fiscal year 2007-2008 IS $449,450 If subdiVided, each indiVidual parcel thereby created shall pay an annual Assessment not to exceed the rates speCified above and desCribed In detail In the Engineer s Report Printed name Signature Date GHAD Schaefer Ranch Assessment Ballot , SCALE 1" = J 000 ~N -'''""...~"... \') , C'\J , co -- , -- "'J- 0) / ~ it -t - OOOt - 't1'98 a C\J I -- I () a a -- I "<:: lr) <tl C'\J 'D , , ~ C'\J -, I co -- -- ":J- , 0) -- ""t 0.., '<;j- (.Q '; \ ~ -- , ' a Cl a a a a _ ~ \ ~ <.0 I co ">"- , "'" '<;j- 0.., ~ co "'J- , co ..... , - "'J- 0.., u <: C) i1j ~ ~ ~ ~ ~ 300[; 4lp ENGINEER'S REPORT for GEOLOGIC HAZARD ABATEMENT DISTRlCT SCHAEFER RANCH CITY OF DUBLIN, CALIFORNIA NOVEMBER 20, 2007 ReVIsed December 12,2007 T ABLE OF CONTIENTS CERTIFICATION OF FILING I INTRODUCTION II BACKGROUND III GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES IV SERVICE LEVELS V DESCRiPTION OF THE GHAD IMPROVEMENTS VI ASSESSMENT METHOD VII ASSESSMENT LIMIT - BUDGET EXHIBIT A - BOUNDARY MAP EXHIBIT B - LEGAL DESCRlPTION EXHIBIT C - SCHAEFER RANCH GHAD BUDGET 04748 150001 November 20,2007 RevIsed December 12,2007 ~ L tt/1 '-f tp ENR3EO I NCORPORA TED Page 1 3 3 3 3 4 5 5 32VlJ Lf.<o IE~EO I NCORPORA TED ENGINEER'S REPORT GEOLOGIC HAZARD ABATEMENT DISTRICT -SCHAEFER RANCH (Pursuant to the PublIc Resources Code of the State of CalI forma, SectIOn 26500 et seq) CERTIFICATION OF FILING ENGEO Incorporated makes this report as dIrected by the GHAD Board of Directors The GHAD IS mtended to proVIde geologiC hazard improvements wlthm the Schaefer Ranch development and to levy and collect assessments suffiCIent to pay for those improvements The Improvements which are the subJect of this report Me defined as any actlvIty necessary or mCldental to the preventIOn, IIlltrgatlOn, abatement, or control of a geologiC hazard, constructIOn, mamtenance, repair, or operatIOn of any Improvement, or the issuance and servlcmg of bonds Issued to finance any of the foregomg (SectIon 26505) ThIS report conSlsts of seven parts, as follows I INTRODUCTION II BACKGROUND III GEOLOGIC HAZARD ABATEMENT DISTRICT DIAGRAM IV SERVICE LEVELS V DESCRIPTION OF GRAD IMPROVEMENTS VI ASSESSMENT METHOD VJI ASSESSMENT LIMIT - BUDGET PROJECTION 04748 150001 November 20, 2007 ReVIsed December 12, 2007 1 The undersigned respectfully submits the enclosed Engineer's Report Date By ENGEO Incorporated ?; '7, db Lf (P fEfNlGEO I NCORPORA TED ,GE 1 HEREBY CERTIFY that the enclosed Engmeer's Report was filed on the _ day of Clerk of the Board Schaefer Ranch GeologiC Hazard Abatement Dlstnct Dublm, CalIfomla I HEREBY CERTIFY that the enclosed Engmeer's Report was approved and confirmed by the GHAD Board on the day of President of the Board Sc.haefer Ranch GeologIc Hazard Abatement DIstnct Dublm, Cahfonlla APPROVED 04748 150001 November 20,2007 Revised December 12,2007 2 3~ Lf~ fEM3~O I N CORPORA TED ENGINEER'S REPORT for GEOLOGIC HAZARD ABATEMENT DISTRICT SCHAEFER RANCH for the ESTABLISHMENT OF AN ASSESSMENT LIMIT I INTRODUCTION The Schaefer Ranch GeologIc Hazard Abatement Dlstnct (GHAD) is proposed to be formed under the authonty of the CalIfornia PublIc Resources Code, DiVISIOn 17, SectIOn 26500 et seq II BACKGROUND Formatton of the GHAD has been proposed to proVide a framework for the preventIOn, mitigatIOn, abatement, and control of IdentIfied or potential geologiC hazards III GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES The boundanes for the GHAD are shown II1 the diagram attached hereto as Exhibit A IV SERVICE LEVELS The GHAD proVides for actIvity that IS necessary or mCidental to the preventiOn, mitigation, abatement, or control of geologIC hazards mcludmg constructiOn, mamtenance, repair, or operatiOn of any Improvement, and the issuance and servIcmg of bonds Issued to finance any of the foregomg The GHAD proVIdes for the admmIstratiOn and review of faCIlIties wIthm the budgeted lImIts, mcludmg the followmg services 04748 150001 November 20, 2007 ReVised December 12,2007 3 ??Ih 4lP ENK3~O I NCORPORA TED 1 Oversight of GHAD actIvitIes 2 In conJunctIOn With the County Assessor's Office, settmg the annuallevymg of assessments on the property tax rolls 3 RetentIOn of geotechnIcal professiOnals to perform the momtonng duties as descnbed m the GHAD Plan of Control 4 Performance of GRAD mamtenance actIvities m accordance wIth the GRAD Plan of Control These mamtenance actIVItIes mclude wIthout limItatiOn o DetentIOn Basms and Water QualIty Basms on Parcels "R", "G" and "V", mcludmg structures, vegetatIOn and sedIment removal o Mamtenance and repaIr of EV A and access Roads o ErosIOn repaIrs o RevegetatIOn and vegetatIon control, mcludmg fire break mowmg, weedmg and addItiOnal hydroseedmg as deemed necessary o SedIment removal from concrete structures (apphes only to open~space catch basIns, field mlets, V -dItches and storm dram pipes) o Slope stabilizatIOn (mcludes mmor landslIdmg and debns bench clearing) o Subdram outfall mamtenance o Open-space storm dram pipe and V -dItch replacement 5 Slope ReconstructIon 6 PreparatIOn of annual GHAD budgets V DESCRIPTION OF THE GHAD IMPROVEMENTS The GHAD Improvements are descnbed III the Plan of Control prepared for Schaefer Ranch, dated November 1, 2006 In general, Improvements mclude three detentIon basms, debns benches, dramage systems, mcludmg concrete v-dItches In open space and on the hillsIdes, open- space storm dram pIpelmes, mlets and outlets, subdrams m open space, and reconstructed slopes 04748 150001 November 20, 2007 ReVIsed December 12,2007 4 '3 f4 If}. lflo IElMGft.O I N CORPORA TED VI ASSESSMENT METHOD The improvements descnbed In SectiOn V are dIstnbuted Within the GHAD boundanes Maintenance and protectIOn of these Improvements proVIde a special benefit to all property owners within the GHAD The Dlstnct Engmeer hereby finds that the propertIes wIthm the DistrIct receIve approximately equal speCIal benefit from the work and improvements wlthm the GRAD As a result, the GRAD assessment is dIstnbuted among all property owners WIthm the GRAD Smgle-famlly reSidences Will be assessed as one umt Commercial bUlldmg space Will be assessed on a per square foot baSiS Commercial habitable square footage IS space used or mtended for supportmg or sheltenng any use or occupancy, which IS expected to have a human occupancy rate of more than 2,000 person-hours per year The total number of reSIdentIal umts wIthm the Dlstnct and the total square footage of commercIal bUIldmg space IS then dIVided mto the annual DIStrIct budget to develop the annual assessment amount A finanCial analYSIS was performed to proVide a framework for an operatmg budget for the on-gomg abatement, mitigatIon, preventlOn and control of geologiC hazards withm the Schaefer Ranch development In preparatIOn of the budget, several factors were consIdered mcludmg o Site Geology o Proposed Remedial Gradmg o PrOXImIty of GeologiC Hazards to Proposed ReSidences o Site Access ConsideratIOns o Elements ReqUIrIng Routme Mamtenance Includmg WIthout LImitatIOn 1 Surface Dramage FaCilities 2 Graded Slopes 3 DetentIOn Basm VII ASSESSMENT LIMIT - BUDGET Based on the estImated expenses for on-gomg operatIons, and allowmg for larger (approximately $1,000,000) geologIC events at 13-year mtervals, a budget was prepared for the purpose of estImatmg imtlal assessment levels (ExhIbit C) In order to establIsh a reasonable reserve m the early years followmg formatIOn of the GRAD, there Will be an mitIal deferral of GRAD expenses as descnbed m the Plan of Control 04748 150001 November 20,2007 ReVised December 12, 2007 5 ~lth lfLP fEfNlGEO INCORPORA TED The DistrIct Engmeer recommends an annual assessment lImIt (2007 dollars) of $1,475 per reSidential umt and $050 per square foot of commercial space to be leVIed m the conJunctIOn wIth the Issuance of bUIldmg permIts as descnbed m the Amended Plan of Control ThIS lImIt Will escalate annually based on the San Francisco-Dublm-San Jose Consumer Pnce index plus an additional 0 5 percentage pomts 04748 150001 November 20,2007 Revlsed December 12,2007 6 EXHUUT A Boundary Map 04748 150001 November 20, 2007 Revised December 12,2007 ? It o:hlt- (p fEUV/GEO INCORPORA TED EXHIlIUT B Legal DeSCrIptiOn 04748 150001 November 20, 2007 Revised December 12,2007 ~o'f!(; INCORPORA TEO 04748 150001 November 20, 2007 RevIsed December 12, 2007 IEXHHUT C Schaefer Ranch GHAD Budget liD~ ~lf fEfNlGEO I NCORPORA TED L1lffh Lttp iEfMGEO EXHIBIT C Schaefer Ranch Geologic Hazard Abatement Dlstnct Bud 9 et - Aug ust 16 2006 ASSUMPTIONS Total No of Units Annual Assessment per UnIt Total Non-Residential BUilding Area (square feet) Annual Assessment per nonresldenlial (square feet) Annual Adjustment In Assessment Inflation Investment Earnings Amount Financed Borrowing Rate Term of Loan (years) Frequency of Large.Scale Repair (years) Cost of Large.Scale Repair (current $) ESTIMATED ANNUAL EXPENSES IN 2006 DOLLARS Detention Basin and Water Quality Pond Maintenance (3 basins Incl structures sediment and vegetation removal) Maintenance and Repair of EVA and Access Roads Erosion Repairs GHAD Monitoring Program Major Landslldlng (Annualized) Revegetation & vegetation control (Includes firebreak mowing weeding and additional hydroseedlng as deemed necessary) Sediment Removal - Concrete Structures (excludes facIlities within public r1ght- of-way) Slope Stabilization (lncl minor landshdlng and debris bench clearing) Subdraln Outfall Maintenance Technical Consultants Open Space V-Ditch & Storm Drain Pipe Replacement (excludes faCilities Within publiC right of-way) Administration & Accounting Mlsc & Contingency (10%) TOTAL 04748 150001 November 20, 2007 Revised December 12,2007 INCORPQRA TED 302 $1 475 10 000 $050 30% 30% 60% $0 N/A N/A 13 $1 000000 $55 000 $10000 $50 000 $30 000 $76 923 $25 000 $25,000 $40000 $5 000 $25 000 $20 000 $50000 $41.192 $453.115 t.jl~ L.f(p SCHlAEIFIER RA~CHl GIEOlOG~C H1AZARD AIBATIEMIE~T [)l~SiR~CT MA~ILIED PllJlBUC HEAR~~G N01~CIE Pursuant to California Constitution Article XIIID and CalifornIa Government Code Section 53753 levy of Assessmerllt fall" thle Schlaefer lRalrllchl Geo~og~c Ha&:cud Abatement lDl~str~ct C~ay of Dublm, COlUlB1liy of Alameda, Ca~~forma Pursuant to CalifornIa Public Resources Code Section 26650 at saq To thle record owner of thie property located m U"ne C~ty of DLJlb~m, County of A~ameda, Assessor's [P>arce~ Nos 85A-1 000-1-9 85A-1000-1-11 85A-1000-1-14 85A-1000-1-16 85A-1000-1-17 85A-1 000-1-20 85A-1000-2-4 941-18-2-2 941-18-2-3 941-18-4-1 941-18-5 94 1 -1 8-6 NOTICE IS HEREBY GIVEN IN ACCORDANCE WITH CALIFORNIA CONSTITUTION ARTICLE XIIID, CALIFORNIA GOVERNMENT CODE SECTION 53753, CALIFORNIA PUBLIC RESOURCES CODE SECTION 26652, AND OTHER APPLICABLE LAW, THAT On December 4, 2007 the Board of DIrectors of the Schaefer Ranch GeologiC Hazard Abatement District ("Dlstnct") adopted Resolution No , Initiating an assessment ballot proceeding and expressing the Intent to order an assessment for the Schaefer Ranch District Accordingly, on February 5, 2008, at the hour of 700 P m at the Council chambers located at 100 CIVIC Plaza, Dublin, CalifornIa 94568, the Board of Schaefer Ranch GRAD Maded Notice of Assessment Lf? it/) lfftJ Directors of the District will hold a public hearmg ("Heanng ) on the proposed levy of an assessment on properties within Schaefer Ranch At the Hearing, any Interested party may present written or oral testimony, the Board of Directors will consider all objections or protests, If any, to the proposed Improvement plans and specifications, the construction, mamtenance, operation and/or serviCing of the proposed and eXlstmg Improvements, the estimated costs as set forth m the engineer s report prepared for Schaefer Ranch ('Engmeer's Report"), the proposed District assessment (' Assessment"), and consider and determme whether the publiC Interest and convenience require the levy of the annual Assessment for the construction, maintenance, operation and/or servicing of the proposed and eXisting District Improvements The Engineer s Report and the Plan of Control for Schaefer Ranch GeologiC Hazard Abatement Dlstnct are on file and available for inspection at the District Clerk's office Based upon the number of Units proposed for development Within Schaefer Ranch, the total amount of the annual Assessment will be $449.450 The total amount of the assessment IS calculated from Exhibit B based on 302 lots at $1,475 and 10,000 square feet of non.resldentlal at $050 per foot The current, total amount of the proposed annual Assessment chargeable to the parcel listed above IS $449.450, which shall be adjusted annually pursuant to the percentage change In the December San Francisco-Oakland-San Jose Consumer Price Index for All Urban Consumers plus 0 5 percent If the parcel listed above IS subdivided, each IndiVidual parcel thereby created shall pay an Assessment not to exceed $1,475 per reSidential parcel and $0 50 per square foot for habitable non-residential space adjusted annually pursuant to the percentage change In the December San Francisco-Oakland-San Jose Consumer Price Index for All Urban Consumers plus 0 5 percent Payments for the Assessment amounts specified above will continue so long as the District contmues In effect The reason for the Assessment IS to fund the cost of the Dlstnct Improvements Within Schaefer Ranch, as designated m the Plan of Control for Schaefer Ranch GeologiC Hazard Abatement District on file With the Dlstnct Clerk The amount of the Assessment as specified above was calculated by diViding the estImated annual expenses for ongomg District operations m Schaefer Ranch by the number of Units proposed for development Within Schaefer Ranch, as detailed m the Engineer's Report and Plan of Control on file With the District Clerk ThiS establishes the assessment limit for the Schaefer Ranch GeologiC Hazard Abatement District Enclosed With thIS notice IS a ballot for use of the property owner specified above concerning the Assessment To be counted, the ballot must be Signed by the property owner specified above whose name and address appears on the last equalized secured property tax assessment roll or, If the owner speCified above IS not an indiVidual, by an authOrized representative of such owner The property owner specified above or an authOrized representative must complete the ballot by prlntrng and signing their name, wntlng the date, and marking their support or OPpOSition to the Assessment as Indicated on the ballot To be counted, the Schaefer Ranch GHAD MaIled Notice of Assessment ballot must be receIved before the conclUSion of the public testImony at the Hearing on the Assessment on the date and time specified above by the District Clerk, either In person at 100 CIVIC Plaza, Dublin, California, or by mall at the same address Ballots will be tabulated by the Dlstnct Clerk or a designee follOWing the conclUSion of the publiC testImony at the Hearing on the Assessment Ballots may be submitted, changed, or Withdrawn by the person who completed the ballot before the conclUSion of the public testimony at the Heanng on the Assessment Ballots Will be weighted according the proportIonal financial obligatIon of the affected property If the number of ballots tabulated In OppositIon to the Assessment exceed those tabulated In favor of the Assessment, the Assessment Will not be Imposed DATED By Dlstnct Clerk Schaefer Ranch GRAD Mailed Notice of Assessment L1Y.~ LIp tt5q; Lt~ SCHAEFER RANlCH GEOlOGtC HAZARD ABATEMENT D~STR~CT BALLOT ~NSTRUCT~ONS AND BAllOT Pursuant to Calrfornla Constitution Article XIIID and California Government Code Section 53753 levy of Assessment for the Schaefer Ranch Geologic Hazard Abatement District CIty of Dublm, County of Alameda, CalIforma Pursuant to California Public Resources Code Section 26650 ef seq THIS BALLOT IS FOR THE USE OF THE RECORD OWNER OF THE PROPERTY LOCATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, ASSESSOR'S PARCEL NUMBERS 85A-1000-1-9,85A-1000-1-11 85A-1000-1- 14, 85A-1000-1-16, 85A-1000-1-17, 85A-1000-1-20, 85A-1000-2-4, 941-18~2-2, 941-18-2~3, 941-18-4-1 941-18-5, and 941-18-6 On February 5, 2008, at the hour of 700 pm at the CounCil chambers located at 100 CIVIC Plaza, Dublin, California 94568, the Board of DIrectors of the Schaefer , Ranch Geologic Hazard Abatement Dlstnct ("Dlstnct') will hold a public heanng ("Heanng ) on the proposed levy of an assessment ("Assessment ') on the Schaefer Ranch Dlstnct At the Hearing any mterested party may present wntten or ora] testImony, and the DIstrict Board of Directors will consider all objections or protests, If any to the proposed Improvement plans and specifications the construction, maintenance, operation and/or servicing of the proposed and eXIsting Improvements, the estimated costs as set forth In the engmeer s report for Schaefer Ranch ("Engineer's Report"), and the proposed Assessment The Dlstnct will tabulate ballots concerning the levy of the Assessment, and the Board of Directors will conSider and determine whether the public Interest and convenience require the levy of the Assessment for the construction, maintenance, operation and/or servicing of the proposed and eXisting District Improvements To be counted, thiS ballot must be Signed by the property owner speCified above whose name and address appears on the last equalized secured property tax assessment roll or, If the owner speCified above IS not an indiVidual by an authOrized representative of such owner The property owner speCIfied above or an authOrized representatIve must complete thIS ballot by pnnttng and slgnrng theIr name, writing the date, and marking their support or OPPOSitIon to the Assessment as IndIcated on the ballot To be counted thiS ballot must be received before the conclUSion of the publiC testtmony at the Hearrng on the Assessment on the date and time speCified above by the Dlstnct Clerk either In person at 100 CIVIC Plaza Dublin, California 94568, or by mall at the same GRAD Schaefer Ranch A.',ses~ment Ballot t-flgt1fJW address Ballots will be tabulated by the District Clerk or a designee following the conclusIon of the public testimony at the Hearing on the Assessment Ballots may be submitted, changed, or withdrawn by the person who completed the ballot before the conclusion of the public testimony at the Hearing on the Assessment Ballots will be weighted according the proportional finanCIal obligation of the affected property If the number of ballots tabulated In Opposition to levy of the Assessment exceed those tabulated In favor of the Assessment, the Assessment will not be Imposed ThiS ballot must be placed In the enclosed envelope and sealed prior to submiSSIon Ballots Will remain sealed until tabulation commences DUring and after tabulation ballots Will be treated as dlsclosable public records If you have any questions, please contact Frank Navarro, Senior CIVil Engineer at (925) 833- 6630 Schaefer Ranch Geologic Hazard Abatement D Istnct Assessment Ballot Mark with an "x" or other mark Shall the Board of Directors of the Schaefer Ranch Geologic Hazard Abatement District Impose annual assessments on parcels within the Drstnct that shall not exceed $1475 per detached smgle family resldentral unit and $0 50 per square foot for habItable non-residential space beglnnmg with the 2007-2008 fiscal year and adjusted for Inflation annually thereafter based upon the percentage change In the San FranCisco-Oakland-San Jose Consumer Price Index for All Urban Consumers? Yes No The total amount of the proposed annual Assessment chargeable to the parcels Irsted above for fiscal year 2007-2008 IS $449,450 If subdiVided, each individual parcel thereby created shall pay an annual Assessment not to exceed the rates specified above and described In detail In the Engineer's Report Printed name Signature Date GHAD Schaefer Ranch Assessment Ballot