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Home My WebLink AboutItem 4.01 GHAD Cost & Expense !D)~SlrR~(Cr CllERK file # D[]rnc~EJ fAllON V~llAGIE GIEOlOG~C HAZARD ABAlIEMIE~1 D~SIR~CI AGIENDA SIAllEMIENI MIEIEI~NG DAIlE februarry 5, 2008 SUBJlECT ResolutIon Confirmmg Assessment and Ordenng Levy and CollectIon Thereof to Pay for the Cost and Expenses of the Mamtenance and OperatIons of Improvements wIthm the Fallon VIllage GeologIc Hazard Abatement DIstnct Report Prepared by Mehssa Morton Pubhc Works Director ~ A 1'1' ACJHIMlENTS ResolutIon ~ /J.. r/' Adopt the ResolutIOn confirmmg assessment and ordenng levy yw :md collectIon thereof to pay for the cost and expenses of the mamtenance and operatIons of Improvements wIthm the Fallon VIllage GeologIc Hazard Abatement DIstnct RECOMMENDATION FINANCIAlL STATEMENT The GRAD does not currently have a source of revenues to finance Its operatIons The funds generated w1l1 pay for the mamtenance and operatIon of GHAD Improvements m the DIstnct DESCRJ[lPTiON DIvIsion 17 of the CalI form a PublIc 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 18,2007, the Board of DIrectors of the Fallon Vlllage GeologIc Hazard Abatement DIstnct ("GHAD") adopted ResolutIon 1-07, expressmg an mtent to order an armual assessment to pay for the cost and expenses of the mamtenance and operatIons of improvements wIthm the Fallon Vlllage GeologIc Hazard Abatement DIstnct ("Assessment"), ImtIatmg an Assessment ballot proceedmg and settmg a publIc heanng on the Assessment for February 5,2008 ("Heanng") In complIance WIth PropositIon 218 and the GHAD Law, DIstnct staff thereafter maIled notIces, ballotmg materIals and mstructIons to each record owner of a parcel wIthm Fallon VIllage, announcmg the date and tIme of the Heanng and procedures for ballot tabulatIon ------------------------------------------------------------------------------------------------------------- COpy 'I 0 Page 1 of3 lITEM NO 4. \ (y ~~~ G \GHAD\Fdllon Vlllagc\Fallon Village As~essemnl Lcvy\012208 Ag~t Asse~smcnt Lt.vy DOC The adoptIon of the resolutIOn (attached) would confirm the Assessment and authorI7e the levy and collectIon thereof for the Fallon VIllage GHAD If approved, an Assessment WIll be levIed and collected annually for DIstnct Improvements and actIVIties that dIrectly benefit the propertIes wIthm the Fallon VIllage subdIVIsIOn The armual assessments, If confirmed by the Board of DIrectors, wIll generate $1,475 per detached smgle-famIly reSIdence and $0 50 per square foot for commercial propertIes wIthm the DIStrIct, adjusted annually based upon the percentage change m the San FranCIsco-Oakland-San Jose Consumer Pnce Index for All Urban Consumers ANALYSIS CalIfornIa PublIc Resources Code S 26550 5 proVIdes that proceedmgs for the formatIon of a new GHAD may be mItIated by a petItIon SIgned by owners of at least ten percent (10%) of the real property to be mcluded wIthm the proposed dIStnCt In order to defray the costs and expenses of mamtammg and operatmg the GHAD Improvements wlthm Fallon VIllage, as desIgnated m the Plan of Control for the Fallon VIllage GeologIc Hazard Abatement DIStrICt ("Plan of Control") on file wIth the DIstnct Clerk, It IS necessary to proVIde a relIable fundmg mechamsm for the operatIon and mamtenance of those Improvements PublIc Resources Code SectIons 26650 et seq authorIze, after a notIced publIc heanng, the levy and collectIOn of assessments upon benefited properties to pay for the mamtenance and operatIon ofDIstnct Improvements PropOSItIon 218 Imposes addItIonal reqUIrements for the levy and collectIon of assessments, mcludmg the maIlmg of notIce, ballotmg matenals and mstructIons as speCIfied m Government Code 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 In addItIon, PropOSItIon 218 reqUIres the creatIon of an engIneer'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 Fallon Vlllage ("EngIneer's Report") was prepared by a registered profeSSIOnal engIneer certIfied by the State of CalIfornIa The EngIneer's Report separates the speCIal benefits prOVIded by the GHAD to property WIthIn Fallon VIllage 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 agaInst each parcel of property WIthIn Fallon VIllage, and proVIdes a descnptIOn of the method used In formulatIng the assessments On December 18,2007, the Board of DIrectors adopted ResolutIon 1-07, expressIng the Intent to order an annual Assessment for GHAD actIVItIes wlthm Fallon VIllage, ImtIatmg an Assessment ballot proceedIng and settmg a Heanng on the Assessment for February 5, 2008 DIstnct staff thereafter maIled notIces, ballotIng matenals and mstructIons to each record owner of a parcel WIthIn Fallon VIllage, announcmg the date and tIme of the Heanng and procedures for ballot tabulatIon Upon the conclUSIon of the Heanng, the Board of DIrectors must determIne whether a maJonty protest eXIsts m accordance WIth Government Code SectIon 53753 When the assessment ballots are tabulated, they WIll be weIghted accordmg to the proportIOnal finanCIal oblIgatIon of each affected property If a maJonty protest eXIsts, the proceedmgs related to the levy and collectIOn of the Assessment must be abandoned If the Board of DIrectors determmes that a maJonty protest does not eXIst at the conclUSIOn of the Heanng, the resolutIon confirmmg the Assessment and ordenng the levy and collectIOn thereof for Fallon Vlllage Page 2 of3 may be adopted The resolutIon dIrects the Clerk of the Fallon VIllage GHAD to record a notIce of assessment Upon adoptIOn of the resolutIon and recordatIon of the notIce of assessment, the Assessment w1l1 be payable at the same time and In the same manner as general taxes on real property wIthm the GHAD The adoptIon of the resolutIon IS the final actIon reqUIred by the Board of DIrectors to levy the Assessment In Fallon VIllage RECOMMlENDATION Staff recommends that the CIty Councll adopt the ResolutIon confirmmg assessment and ordenng levy and collectIon thereof to pay for the cost and expenses of the mamtenance and operatIons of Improvements WIthIn the Fallon VIllage GeologIc Hazard Abatement DIstnct Page 3 of3 l ~;}.. RESOLUTION NO -08 RESOLUTION OF THE BOARD OF THE FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRD.CT *************************** CONFIRMING THE ASSESSMENT AND ORD.lERING THE LEVY AND COLLECTION THEREOF TO PAY FOR THE COST AND EXPENSES OF THE MAINTENANCE AN]) OPERATIONS OF IMPROVEMENTS WITHIN THE FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT WHEREAS, thIS ResolutIon IS adopted pursuant to the proVIsIons of DIvIsIon 17 (SectIon 26500 et seq ) ofthe PublIc Resources Code, entitled "GeologIc Hazard Abatement DIStnCtS", and WHEREAS, on December 4,2007, the CIty CounCIl of the CIty of DublIn approved ResolutIon No 216-07 whIch created the Fallon VIllage GeologiC Hazard Abatement DIstnct ("DIstnct") WIth the Board of DIrectors to conSIst of the CIty CouncIl of the CIty of DublIn, and WHEREAS, on December 18,2007, the Board of DIrectors of the DIStrICt adopted ResolutIon No 02-07 expressmg an mtent to order an armual assessment for the cost and expenses of the maIntenance and operatIon of the Improvements WIthIn the Fallon VIllage GeologiC Hazard Abatement DIstnct("Assessment"), ImtIatmg an Assessment ballot proceedmg and settIng a publIc heanng on the Assessment ("Heanng") for February 5,2008, and WHEREAS, DIstnct staff maIled notIces, ballotIng matenals and InstructIOns to each record owner ofa parcel wIthm Fallon VIllage the week of December 19, 2007, announcIng that ballots would be canvassed and a Heanng conducted on February 5,2008, on the levy and collectIon of the Assessment, and WHEREAS, the HearIng was conducted on February 5, 2008, In accordance With the reqUIrements of CalIfornIa ConstItution Article XIID, PublIc Resources Code SectIons 26650 et seq , Government Code SectIon 53753 and other applIcable law, and WHEREAS, upon conclUSIOn of the Heanng, the Board of DIrectors of the DIstnct determmed that a maJonty protest dId not eXIst pursuant to PublIc Resources Code SectIon 26653 and Government Code SectIon 53753, and WHEREAS, applIcable law prOVIdes that If a majorIty protest has not been filed, after the Heanng the Board of Directors may adopt a resolutIon confirmIng the Assessment and ordenng the levy and collectIon thereof NOW, THEREFORE BE IT RESOLVED, by the Board of Directors of the Fallon VIllage GeologIC Hazard Abatement Dlstnct that SectIon 1 FmdIngs and DetermInatIons The Board of DIrectors hereby finds and determmes that the above reCItals are true and correct and have served as the baSIS, In part, for the findIngs and actIons of the Dlstnct set forth below 2...5-0~ t \ At-~VYlMT /)Ob~ SectIOn 2 DlfectIon 1 The Board of DIrectors hereby confirms the Assessment and orders the annual levy and collectIOn thereof The DistrIct shall assess agamst the properties wIthm Fallon VIllage, for the 2008-2009 FIscal Year and for subsequent years, the assessment amounts apportIOned m accordance wIth the engIneer's report, on file WIth the DIstnct Clerk, adJusted for mflatIon armually to reflect the percentage change In the San FranCIsco-Oakland-San Jose Consumer Pnce Index for All Urban Consumers as of the precedmg December 2 The engmeer's report and the Plan of Control for Fallon VIllage GeologIC Hazard Abatement DIstnct shall be avaIlable for publIc mspectlOn at the DIstnct Clerk's office 3 The DIstrICt Clerk IS hereby dIrected to record a notIce of assessment, as provIded for In SectIon 3114 of the CalIfornIa Streets and HIghways Code, whereupon the Assessment shall attach as a lIen upon the propertIes, as provIded for In SectIOn 3115 of the Streets and HIghways Code 4 The Assessment shall be payable at the same tIme and In the same manner as general taxes on real property wIthm the DIStrICt are payable 5 All funds generated by the Assessment, and all mterest earned on the Assessment, shall be segregated and deposIted m a separate account for the exclUSIve benefit of the relevant parcels WIthIn the DIStrICt SectIon 3 CertIficatIOn The DIstnct Clerk shall certIfy the adoptIon of thIS ResolutIOn Section 4 EffectIve Date ThIS ResolutIon shall take effect ImmedIately upon adoption PASSE]) AND ADOPTED on the 5th day of February, 2008, by the follOWIng vote AYES NAYS ABSTAINED ABSENT ATTEST PresIdent DIstnct Clerk G \GHAD\I allon Vlllage\Fallon VIllage Assessemnt Lcvy\Ol2208 Resolution Assessment Levy DOC 2