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Home My WebLink AboutItem 4.01 Cost & Expense of Maint IO)~S1rIR~C1r CLERK File # D~~[~}[Q[21 SCHAEFER RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT AGENDA STATEMENT MEETING DATE FebraJalUY 5, 2008 SUJ!UIECT ResolutIOn Confinmng Assessment and Ordenng Levy and CollectIon Thereof to Pay for the Cost and Expenses of the Mamtenance and OperatIons of Improvements wlthm the Schaefer Ranch GeologIc Hazard Abatement Dlstnct Report Prepared by Meltssa Morton Publzc Works Director ~ ATTACHMENTS ResolutIOn !RECOMMENDATION NU~ ~ 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 wlthm the Schaefer Ranch Geologic Hazard Abatement Dlstnct FINANCIAlL 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 Dlstnct ][)IESCRllPTION DIVIsIOn 17 of the CalifornIa Public Resources Code establishes legal standards for geologIc hazard abatement dlstnct ("GHAD") formatIon, GHAD financmg and the scope of GHAD authonty (SectIon 26500 et seq ) On December 18, 2007, the Board of DIrectors of the Schaefer Ranch GeologIc Hazard Abatement Dlstnct ("GHAD") adopted ResolutIon 02-07, expressmg an mtent to order an annual assessment to pay for the cost and expenses of the mamtenance and operatIOns of Improvements wlthm the Schaefer Ranch GeologIc Hazard Abatement Dlstnct ("Assessment"), mltIatmg an Assessment ballot proceedmg and settmg a public hearmg on the Assessment for February 5, 2008 ("Heanng") In compliance WIth PropOSItIon 218 and the GHAD Law, Dlstnct staff thereafter maIled notIces, ballotmg matenals and mstructlOns to each record owner of a parcel wlthm Schaefer Ranch, announcmg the date and tIme of the Heanng and procedures for ballot tabulatIOn ------------------------------------------------------------------------------------------------------------- COpy 11'0 Page 10f3 IlI'EM NO 40 ( G \GHAD\Sehaefer\A~sessment levy Resolul1on\ln 0 12208 ~taff Report Schaefer GIIAD Assessment Levy DOC c.. The adoptIon of the resolutIon (attached) would confirm the Assessment and authonze the levy and collectIOn thereof for the Schaefer Ranch GHAD If approved, an Assessment will be levIed and collected annually for Dlstnct Improvements and actIvItIes that directly benefit the properties wlthm the Schaefer Ranch subdIvIsIOn 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 wlthm the Dlstnct, adjusted annually based upon the percentage change m the San Francisco-Oakland-San Jose Consumer Pnce Index for All Urban Consumers plus 0 5 percent ANAlL YSIS California Public Resources Code ~ 26550 5 provides that proceedmgs for the formatIon of a new GHAD may be mltIated by a petItIon SIgned by owners of at least ten percent (10%) of the real property to be mcluded wlthm the proposed dlstnct In order to defray the costs and expenses of mamtammg and operatmg the GHAD Improvements wlthm Schaefer Ranch, as desIgnated m the Plan of Control for the Schaefer Ranch GeologIc Hazard Abatement Dlstnct ("Plan of Control") on file WIth the Dlstnct 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 authonze, after a notIced public heanng, the levy and collectIon of assessments upon benefited propertIes to pay for the mamtenance and operatIon ofDlstnct 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 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 engmeer's report for Schaefer Ranch ("Engmeer's Report") was prepared by a registered profeSSIOnal engmeer certIfied by the State of California The Engmeer's Report separates the specIal benefits provIded by the GHAD to property wlthm 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 wlthm Schaefer Ranch, and proVIdes a descnptlOn of the method used m formulatmg the assessments On December 18, 2007, the Board of DIrectors adopted ResolutIon 02-07, expressmg the mtent to order an annual Assessment for GHAD actIVItIes wlthm Schaefer Ranch, ImtIatmg an Assessment ballot proceedmg and settmg a Heanng on the Assessment for February 5, 2008 Dlstnct staff thereafter mailed notIces, ballotmg matenals and mstructIons to each record owner of a parcel wlthm Schaefer Ranch, announcmg the date and tIme of the Heanng and procedures for ballot tabulatIOn Upon the conclUSIOn of the Heanng, the Board of Directors must determme 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 Schaefer Ranch Page 2 of3 may be adopted The resolution directs the Clerk of the Schaefer Ranch GHAD to record a notIce of assessment Upon adoptIOn of the resolutIon and recordatIOn of the notIce of assessment, the Assessment wIll be payable at the same tIme and m the same manner as general taxes on real property wlthm the GHAD The adoptIon of the resolutIon IS the final actIon reqUIred by the Board of Directors to levy the Assessment m Schaefer Ranch RECOMMENDATION Staff recommends that the CIty CouncIl 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 wlthm the Schaefer Ranch GeologIc Hazard Abatement Dlstnct Page 3 of3 J 00 ;;J. RESOlLUTION NO -08 RESOILUTJlON OF THE BOARD OF THE SCHAEFER RANCH GIEOlLOGIC HAZARD ABATIEMENT DISTRICT ** * * **** *** *** *** *** * **** ** CONlFIRMING THE ASSESSMENT AND ORDIERING THE lLEVY AND COlLLEC'fION THEREOF TO PAY FOR THE COST AND EXPENSES OlF THE MAINTENANCE AND OPERATIONS OJ!? IMPROVEMENTS Wn'HIN THE SCHAEFER RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT WHEREAS, thiS ResolutIon IS adopted pursuant to the provISIons ofDlvlslOn 17 (SectIon 26500 et seq ) of the PublIc Resources Code, entItled "GeologiC Hazard Abatement Dlstncts", and WHEREAS, on December 5, 2006, the CIty CouncIl of the City of Dublm approved ResolutlOn No 224-06 which created the Schaefer Ranch GeologiC Hazard Abatement DIStnCt ("Dlstnct") WIth the Board of Dlrectors to conSist of the City CounCIl ofthe City of Dub 1m, and WHEREAS, on December 18,2007, the Board of DIrectors of the DIstnct adopted ResolutlOn No 02-07 expressIng an mtent to order an annual assessment for the cost and expenses of the mamtenance and operatlOn ofthe Improvements wlthm the Schaefer Ranch GeologiC Hazard Abatement Dlstnct("Assessment"), InItIatmg an Assessment ballot proceedmg and settmg a publIc heanng on the Assessment ("Hearmg") for February 5,2008, and WHEREAS, Dlstnct staff mailed notIces, ballotmg matenals and mstructlOns to each record owner of a parcel wlthm Schaefer Ranch the week of December 19, 2007, announcmg that ballots would be canvassed and a Heanng conducted on February 5, 2008 on the levy and collectlOn of the Assessment, and WHEREAS, the Heanng was conducted on February 5, 2008, m accordance WIth the reqUirements of CalIfornIa ConstItutlOn ArtIcle XIID, Public Resources Code SectIons 26650 et seq , Government Code SectlOn 53753 and other applIcable law, and WHEREAS, upon conclUSlOn of the Heanng, the Board of Directors of the Dlstnct determined 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 maJ onty protest has not been filed, after the HearIng the Board of DIrectors may adopt a resolutlOn confirmmg the Assessment and ordenng the levy and collectIon thereof NOW, THERElFORE BE IT RESO IL VEllJ, by the Board of Dlrcctors of the Schaefer Ranch GeologiC Hazard Abatement Dlstnct that SecllOn 1 Fmdmgs and Determmatlons The Board ofDlfectors hereby finds and detenmnes that the above reCitals are true and correct and have served as the baSIS, m part, for the findmgs and actIons of the Dlstnct set forth below 41 A-rfzu!.h rYlLn T 2 - 5-0't SectIon 2 DIrectIon ~UOd.. 1 The Board of Directors hereby confirms the Assessment and orders the annual levy and collectIon thereof The DIstnct shall assess agamst the propertIes wIthm Schaefer Ranch, for the 2008-2009 FIscal Year and for subsequent years, the assessment amounts apportIOned In accordance WIth the engineer's report, on file With the Dlstnct Clerk, adJusted for mOatIOn annually to reflect the percentage change m the San FranCisco-Oakland-San Jose Consumer Pnce Index for All Urban Consumers as of the precedmg December plus 05 percent 2 The engmeer's report and the Plan of Control for Schaefer Ranch GeologIc Hazard Abatement DIStnCt shall be available for public inspectIOn at the Dlstnct Clerk's office 3 The Dlstnct Clerk IS hereby directed to record a notIce of assessment, as prOVided for m SectIOn 3114 of the CalIfornia Streets and Highways Code, whcreupon the Assessment shall attach as a hen upon the properties, as prOVided for m SectIon 3115 of the Streets and Highways Code 4 The Assessment shall be payable at the same tIme and m the same manner as gcneral taxes on real property wlthm the Dlstnct 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 Dlstnct SectIOn 3 CertificatIOn The Dlstnct Clerk shall certify the adoptIOn of thIS ResolutIOn SectIOn 4 EffectIve Date ThiS ResolutIon shall take effect nnmedlately upon adoptIon PASSED AND ADOPTED on the 5th day of February, 2008, by the following votc AYES NAYS ABSTAINED ABSENT ATTEST PreSident Dlstnct Clerk G \GHAD\Sehaefer\As~essment Levy Resoh1l1on\fn012208 Schaefer GHAD ResolutIOn Assessment Levy DOC 2