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HomeMy WebLinkAboutItem 4.1 Jordan Rch Assmt to Pay DISTRICT CLERK File # Drn[k][Q]-[J2J~ FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT AGENDA STATEMENT DATE: November 1, 2011 TO: Honorable Boardmembers FROM: \j. Gary Huisingh, Interim District Manager SUBJ~ Resolution Initiating Assessment Ballot Proceeding and Expressing Intent to Order Assessment to Pay for the Cost and Expenses of the Maintenance and Operations of the Improvements within the Jordan Ranch Development Annexation of the Fallon Village Geologic Hazard Abatement District (GHAD) Prepared By: Mark Lander, City Engineer EXECUTIVE SUMMARY: On May 3, 2011, the Board of Directors of the Fallon Village Geologic Hazard Abatement District (GHAD) adopted Resolution No. 2-11, annexing the Jordan Ranch Development (Jordan Ranch) into the Fallon Village GHAD. The boundaries of the territory annexed to the GHAD and the boundaries of the Jordan Ranch development are the same. The GHAD will be responsible for the ongoing monitoring, maintenance and repair activities outlined in the Jordan Ranch Development Annexation Plan of Control. There is currently no financing mechanism in place to pay for the Jordan Ranch GHAD activities. The adoption of the attached Resolution would initiate an assessment ballot proceeding for Jordan Ranch GHAD. If approved, a new assessment zone will be created to pay for GHAD activities in the Jordan Ranch development. FINANCIAL IMPACT: The current Fallon Village GHAD does not have a source of revenues to finance activities related to the area within Jordan Ranch. Therefore, an assessment applicable to this area needs to be developed. The funds levied on the property will pay for the on-going maintenance and operation of GHAD impro"ements in the Jordan Ranch portion of the District, as well as contributing to reserves. Page 1 of 4 ITEM NO. 4.' The Engineers Report defines different assessment levels for a property based on the property size and use. The range of the initial assessment for residential units is between $243 - $541 per unit. RECOMMENDATION: It is recommended that the Board of Directors conduct public hearing, deliberate, and adopt the Resolution Initiating an Assessment Ballot Proceeding and Expressing Intent to Order an Assessment to pay for the Cost and Expenses of the Maintenance and Operations of the Improvements within the Jordan Ranch Annexation of the Fallon Crossing Geologic Hazard Abatement District. 'd QJ~.R /) Reviewed By Administrative Services Director for the City of Dublin Revl wed By Assistant City anager for the City of Dublin DESCRIPTION: Division 17 of the California Public Resources Code establishes legal standards for Geologic Hazard Abatement District ("GHAD") formation, GHAD financing and the scope of GHAD authority (Section 26500 et seq.). On May 3, 2011, the Board of Directors of the Fallon Village Geologic Hazard Abatement District (GHAD) adopted Resolution No. 2-11, annexing the Jordan Ranch Development (Jordan Ranch) into the Fallon Village GHAD. The boundaries of the territory annexed to the GHAD and the boundaries of the Jordan Ranch development are the same. The GHAD will be responsible for the activities outlined in the Jordan Ranch Development Annexation Plan of Control, including maintenance and monitoring activities of slopes, debris benches, maintenance roads, trails, fencing, concrete lined drainage ditches, subdrains, subdrain outlets, retaining walls, storm drain improvements, and the water quality and detention basins. There is currently no financing mechanism in place to pay for the Jordan Ranch GHAD activities. Therefore the Board of Directors will go through a process to establish assessments based on an Engineers Report. The assessments will be adjusted and collected on units over time. The first assessment does not occur until a building permit has been issued for the property and the assessment can be added to the tax roll. Assessments can be added once per year and the data is required to be submitted to the County in August of each year. The adoption of the attached Resolution would initiate an assessment ballot proceeding for the Jordan Ranch portion of the Fallon Village GHAD. If approved, a new assessment zone will be created to pay for GHAD activities in the Jordan Ranch development. The annual assessments, if confirmed by the Board of Directors, will generate $541 per 5,200 square-foot single-family lot, with the assessment pro-rated for smaller or attached residential units, and $0.055 per square foot of habitable non-residential space. These amounts would be adjusted annually based upon the percentage change in the San Francisco-Oakland-San Jose Page 2 of 4 Consumer Price Index for All Urban Consumers. Properties would be assessed only after a building permit is issued for construction of a structure. ANALYSIS: California Public Resources Code ~ 26581 provides that, once a GHAD has been formed, it may annex territory to the District utilizing the procedures for formation of a GHAD. Public Resources Code ~ 26550.5 provides that proceedings for the formation of a new GHAD may be initiated by a petition signed by the owners of at least ten percent (10%) of the real property to be included within the proposed district. On April 5, 2011, the Board of Directors of the Fallon Village GHAD was presented with a petition for the annexation of Jordan Ranch to the Fallon Village GHAD ("Petition"), and adopted Resolution No. 1-11, accepting the Petition and setting a hearing on the annexation of Jordan Ranch to the Fallon Village GHAD ("Hearing"). Notice of the Hearing was given pursuant to the provisions of Public Resources Code Sections 26564 through 26566. On May 3, 2011, the Hearing was held on the annexation of Jordan Ranch to the Fallon Village GHAD. At the Hearing, the owners of more than 50 percent of the assessed valuation of property within the territory did not object to the annexation to the GHAD, and the Board of Directors thereafter approved Resolution No. 2-11, approving the annexation of Jordan Ranch to the Fallon Village GHAD. In order to defray the costs and expenses of maintaining and operating the Jordan Ranch improvements within the Fallon Village GHAD, as designated in the Jordan Ranch Development Plan of Control ("Plan of Control") on file with the District Clerk, it is necessary to provide a reliable funding mechanism for those improvements. Public Resources Code Sections 26650 et seq. authorize, after a noticed public hearing, the levy and collection of assessments upon benefited property to pay for the maintenance and operation of District improvements. Proposition 218 imposes additional requirements for the levy and collection of assessments, including the mailing of notice, balloting materials and instructions as specified in Government Code Section 53753 to each record owner of a parcel subject to the proposed assessment at least 45 days prior to a public hearing 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 the Annexation of the Jordan Ranch Development into the Fallon Village Geologic Hazard Abatement District ("Engineer's Report") has been prepared by Eric Harrell, Engeo, Inc., who is a registered professional engineer certified by the State of California. The Engineer's Report separates the special benefits provided by the Fallon Village . GHAD to property within Jordan Ranch from the 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 Jordan Ranch, and provides a description of the method used in formulating the assessments. Notice and balloting materials which include 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 hearing on the proposed assessment ("Assessment Hearing") will be mailed out at least 45 days before Page 3 of 4 the date set for the Assessment Hearing. At the Assessment Hearing, the Board of Directors will consider all statements and all written protests made or filed by any interested person at or before the conclusion of the Assessment Hearing. The resolution will set the hearing for 7:00 p.m. on Tuesday, December 20, 2011. Upon the conclusion of the Assessment Hearing, the Board of Directors will determine whether a majority protest exists in accordance with Government Code Section 53753. Once tabulated, the assessment ballots will be weighted according to the proportional financial obligation of each affected property. If the Board of Directors determines that a majority protest does not exist at the conclusion of the Assessment Hearing, the Board of Directors may then adopt a resolution to levy the assessment for Jordan Ranch. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report was provided to Mission Valley Properties, owner of the Jordan Ranch development. ATTACHMENTS: 1) Location Map 2) Resolution Initiating Assessment Ballot Proceeding and Expressing Intent to Order an Assessment to Pay for the Cost and Expenses of the Maintenance and Operations of the Jordan Ranch Improvements within the Fallon Village GHAD, including: Exhibit "A", Boundary Map Exhibit "B", Engineer's Report, Including Exhibits "A" thru "0" Exhibit "C", Notice of Public Hearing Exhibit "0", Assessment Ballot and Ballot Instructions G:\GHAD\Jordan Ranch - Fallon Village GHAD Annexation\assessment levy\agst approving engineer's report- initiating assessment ballot.doc . Page 4 of 4 TRACT 7853 "- TRACT 8034 ~ SECTION 34 SECTION 35 2470.35' --- P.O.B. '" 0,. ."")~ "'.. "'", -", iil '" ~ NBJ7S'l1"S R U(RN '" <::; '" ;:0 N8819'S2"S R <0 '" '" '" i( "<~ '" C'i'4 ~~ .'" "- '" -~ - '" GHAD PARCEL 1 ~ <0 ~ (165.900 ACRES) ,. ~ I i EXIDBIT A PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR I GHAD I (:IlY OF DUBLIN, ALAMED,'\ CO~TY. CALIFORNIA DE:TAIL "A" NOT TO SCAI.E LEGEND P.0.8. POINT OF BEGINNING '" c DE:TAlL "8" . NOT TO SCALE SOUTH UNE SECTION 3S --- NBlrJO'S2"W 2S97.08'- - - UNE L1 L2 L3 L4 LS L6 U L8 CHEN 1998265414 UNE TABlE BEARING N3T52'45"W N71 :J6'56"E NOJ71'2S"W NOS'5S'S2"W N0619'16"E NOJ'JS'2S"E 584'JS'14"W N0619'16" CURVE TABLE CURVE RADIUS OELTA LENGTIi CI 399.94' 1073'53" 7258' C2 1288.00' 00V6'4r 2.54' C3 1287.00' 00"02'14" 0.84' C4 87.00' 14'59'2S" 22.76' C5 238.00' 1172'1S. 46.54' C6 1275.00' 06"06'50" 136.05' C7 131700' OJVO'09" 69.02' C8 1329.00' 04'31'54" IOS.11' C9 1213.00' 1174'SS' 241.67 CIO 1065.00' 00'52'34" 16.28' C/1 212.00' 091S'24" 34.2S' C12 238. 00' 03'44'38" 15.55' C13 23700' 0110'03" 4.83' C14 800.55' OJ'JO'5r 49.12' CIS 466.00' 28'46'/5" 234.00' 0 500 1000 ~ I ( IN FEET ) 1 inoh = 500 II. '" DISTANCE 324.96' 1.00' 16.40' 167.36' 464.02' 95.16' 1.00' 258.07' ~ 1 ATTACHMENT I '';;500' 10-20-10 081001 RESOLUTION NO. -11 RESOLUTION OF THE BOARD OF THE FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT ********************************************* INITIATING AN ASSESSMENT BALLOT PROCEEDING AND EXPRESSING INTENT TO ORDER AN ASSESSMENT TO PAY FOR THE COST AND EXPENSES OF IMPROVEMENTS WITHIN THE JORDAN RANCH DEVELOPMENT OF THE FALLON CROSSING GEOLOGIC HAZARD ABATEMENT DISTRICT WHEREAS, this Resolution is adopted pursuant to the provisions of Division 17 (Section 26500 et seq.) of the Public Resources Code, entitled "Geologic Hazard Abatement Districts"; and WHEREAS, on May 3, 2011, the Board of Directors of the Fallon Village Geologic Hazard Abatement District ("District") approved Resolution No. 2-11 which annexed the Jordan Ranch development ("Jordan Ranch") into the Fallon Village Geologic Hazard Abatement; and WHEREAS, the property within Jordan Ranch is identified in the map attached as Exhibit b., and each parcel to be assessed is identified by an assessor's parcel number, if available; and WHEREAS, in order to defray the costs and expenses of maintaining and operating the District improvements within Jordan Ranch, as designated in the Plan of Control for the Fallon Village Geologic Hazard Abatement District I Jordan Ranch Development Annexation ("Plan of Control") on file with the District Clerk, it will be necessary to provide a reliable source of funding to the District; and WHEREAS, Public Resources Code Sections 26650 et seq. authorize, after a noticed public hearing, the levy and collection of an assessment upon benefited property within the District to pay for the maintenance and operation of District improvements; and WHEREAS, California Government Code Sections 53750 et seq. (which implernent California Constitution Article XIID, known as Proposition 218), and Government Code Section 53739 impose additional requirements for the levy and collection of assessments, including the mailing of notice including balloting materials and instructions as specified in Section 53753 to each record owner of a parcel subject to the proposed assessment at least 45 days prior to a public hearing on the levy of the assessment; and WHEREAS, an Engineer's report for Jordan Ranch, attached as Exhibit B ("Engineer's Report"), has been prepared by a registered professional engineer certified by the State of California; and WHEREAS, the Engineer's Report separates the special benefits provided by the District to property within Jordan 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 against each parcel of property within Jordan Ranch, and provides a description of the method used in formulating the assessments; and .. ATTACHMENT 4 WHEREAS, the levy of an assessment for District activities within Jordan Ranch is in the best interests of the citizens of Dublin; NOW, THEREFORE BE IT RESOLVED, by the Board of Directors of the Fallon Village Geologic Hazard Abatement District that: Section 1. Findinas and Determinations The Board of Directors hereby finds and determines that the above recitals are true and correct and have served as the basis, in part, for the findings and actions of the District set forth below. Section 2. Direction 1. The Board of Directors hereby declares its intention, consistent with the requirements of Public Resources Code Sections 26650 et seq., Article XIIID of the California Constitution, Government Code Sections 53739 and 53750 et seq., and Elections Code Section 4000, to order that the costs and expenses of District improvements, described in detail in the Engineer's Report, shall be assessed against the property within Jordan Ranch which is benefited by the District. 2. The Board of Directors further declares its intention to assess against the property within Jordan Ranch, for the 2012-2013 fiscal year and for subsequent years, the assessment amounts apportioned in accordance with the Engineer's Report, 3. The assessments noted in Section 2 shall be adjusted for inflation annually by the percentage change utilizing the San Francisco-Oakland-San Jose Consumer Price Index for All Urban Consumers for the month of December. The first adjustment shall occur based on the December 2011 index. 4. Each year the adjusted rate described in Section 3 shall be the maximum rate unless amended in accordance with California law. 5. The adjusted assessment rate as described in Section 3 shall be used to levy assessments of eligible properties on the subsequent July 1st For example December 2011 adjusted rates are used for Fiscal Year 2012-2013 levies; December 2012 adjusted rates are used for Fiscal Year 2013-2014 levies; and so on. 6 Each of the parcels in the property identified in Exhibit A will receive a particular and distinct special benefit in the form of District facilities and services which are over and above the general benefits received by the general public at large. The District's activities include (a) monitoring, repair and maintenance of natural and excavated slopes and surface drainage facilities to prevent certain geologic hazards, and (b) may include temporary and permanent mitigation, repairs and improvement measures to abate or control geologic hazards. These special benefits are described in detail in the Plan of Control on file with the District Clerk. 7. The Board of Directors has reviewed and considered the Engineer's Report attached hereto as Exhibit B. The Engineer's Report identifies the special benefit conferred on the entire 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 special benefit derived from the 2 District 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. 8. Notice is hereby given of a public hearing ("Hearing") on December 20, 2011, at the hour of 7:00 p.m., at 100 Civic Plaza, Dublin, CA 94568. The Hearing will be on the question of the levy and collection of the District assessment for Jordan Ranch ("Assessment") for the 2012- 2013 fiscal year, and for each future year based upon the percentage change in the San Francisco-Oakland-San Jose Consumer Price Index for All Urban Consumers. At the Hearing, the Board of Directors will consider all statements and all written protests made or filed by any interested person at or before the conclusion of the Hearing concerning the improvements, assessment zones within the District, the proposed diagram, the proposed Assessment and the engineer's estimate of the cost of the improvements. During the course or upon the conclusion of the Hearing, the Board of Directors may order changes in any of the matters provided in the Engineer's Report. Upon conclusion of the public Hearing, the Board of Directors shall determine whether a majority protest exists in accordance with California Government Code Section 53753. In tabulating the Assessment ballots, the Assessment ballots shall be weighed according to the proportional financial obligation of the affected property. If the Board of Directors determines that a majority protest does not exist, the Board of Directors may take action to levy the Assessment. 9. District Staff is hereby directed to mail a notice of the Hearing and proposed assessment, attached as Exhibit C ("Notice"), to each record owner of a parcel within Jordan Ranch announcing that ballots will be canvassed and a hearing conducted on December 6, 2011 on the levy and collection of the Assessment for the 2012- 2013 fiscal year, and, for each future year following the levy of the Assessment. The Assessment Ballot and Ballot Instructions, attached as Exhibit D, shall be attached to the Notice. 10 The Public Works Director of the City of Dublin, or his designee, is hereby designated as the person to answer inquiries regarding any proceedings and other matters related to the levy of the District Assessment within Jordan Ranch, and may be contacted during regular business hours at (925)-833-6630. Section 3. Certification The District 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 1 st day of November, 2011, by the following vote: AYES: NAYS: ABSTAINED: ABSENT: 3 President ATTEST: District Clerk G:\GHADIJordan Ranch - Fallon Village GHAD Annexation\assessment levy\Reso of Intent Initiating Assessment Ballot Proceeding.doc 4 ( \ '- ~ <0 "'~ ~ ~ ~ :::j ~ ~ DETAIL 'A' NOT IV SCAlE LEGEND P.O.B. POINT OF BEGINNING TRACT 7853 ... ., '" TRACT 8034 SECT/ON 34 SECTION 35 589"5I'S2"E 2470.3S' P.O.B. '" 0,. ~~~ "'", ~~ i:i CHAD PARCEL 1 (165.9010 ACRES) --- N88"JO"52"W CHEN 1998265414 UNE L1 L2 L3 L4 LS L6 L7 L8 UNE TABLE BEARING N37'52'4!j"W N71'JS"56"E N03'21"2S"W N057i5"52"W N0619'16"E N03".J5"25"E S84".J5'/4"W N0619'16"E DISTANCE 324.96' 1.00' 16.40' 167.36' 464.02' 95.16' 1.00' 258.07' ~ I -N- ~ I , EXHIBIT A PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR i GHAD I I I ~:ITY Of' DUBLIN, ALAMEDA COUl'fTY. CALIFORNIA Sl._ '"-500' " <:; " ;;:; 10 0; R " N8819'52"Ei R '" '" "g: ~'" ~~ "- '" - '" i" " .~ <0 ,. ~ OUNL iJ' NOT IV SCALE SOUTH UNE SECnON 35 2597.08'- - - CURVE TABLE CURVE RADIUS DEL TA LENGTH CI 399.94' 10'23'53" 72.58' C2 1288.1)0' 00'06'4r 2.54' C3 1287.00' 00'02'/4" 0.84' C4 87.00' 14"59'25" 22.76' C5 238.00' 1112'15- 46.54' C6 1275.00' 06TJ6'50" 136.05' C7 1317.00' 03'00'09" 69.02' CB 1329.00' 04'31'54" 105.11' C9 1213.00' 11"24'55" 241.67' C10 1065.00' 00"52'34" 16.28' CI1 212.00' 0915"24" 34.25' CI2 238.00' 03'./4'38" 15.55' CI3 237.00' 0110'03" 4.83' C14 800.55' O3"JO'5r 49.12' CI5 466.00' 28'46'15" 234.00' 0 500 1000 ~ I ( IN FEET ) 1 inch - 500 It. EXHIBIT A To the Resolution 10-20-10 vue I'\IU.: 081001 DEVELOPMENT INTO THE EXHIBIT .8 To the Resolution Engineer's Report - Draft 1 Annexation of the Jordan Ranch Development into the Fallon Village GHAD 7828.000.000 October 20. 2011 TABLE OF CONTENTS Page CERTIFICATION OF FILING ...................................................................................................1 I. INTRODUCTION..............................................................................................................3 II. BACKGROUND ................................................................................................................3 III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES ..........................3 IV. SERVICE LEVELS ...........................................................................................................3 V. DESCRIPTION OF THE IMPROVEMENTS TO BE MAINTAINED BY THE GHAD..................................................................................................................................4 VI. ASSESSMENT METHOD....................................... .......................................................4 VII. ASSESSMENT AMOUNT .................................. ..........................................................6 EXHIBIT B GEOLOGIC HAZARD AB ISTRICT BOUNDARY MAP (TRACT 8024) F ALLON VILLA~~~S I-IAZARD ABATEMENT DISTRICT BUDGET - JO,JW' . .. NeI-f'ANNEXA TION F ALLON.(:~9E' OGIC HAZARD ABATEMENT DISTRICT PRO FORMA B' T -JORDAN RANCH ANNEXATION CT BOUNDARY LEGAL ~ EXHIBIT A GEOLOGIC HAZARD ABATE DESCRIPTION (TRACT 8024) EXHIBIT C EXHIBIT D Engineer's Report Annexation of the Jordan Ranch Development into the Fallon Village GHAD 7828,000,000 October 20, 2011 ENGINEER'S REPORT FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT JORDAN RANCH ANNEXATION CERTIFICATION OF FILING This report is presented at the direction of the Fallon Village Geologic Hazard Abatement District ("GHAD") Board of Directors. The GHAD is charged with responsibilities related to monitoring and maintenance of drainage facilities and associated improvements within the Fallon Village GHAD in order to prevent, mitigate, abate and control geologic hazards. The GHAD also levies and collects assessments in order to perform its activities. ENGEO INCORPORATED Engineers Report Annexation of the Jordan Ranch Development into the Fallon Village GHAD 7828.000.000 October 20, 2011 The undersigned respectfully submits the enclosed Engineer's Report. Date: By: ENGEO Incorporated ,GE I HEREBY CERTIFY that the enclosed Engineer's Report was filed on the _ day of cf~gineer's Report was approved and confirmed by the President ofthe Board Fallon Village Geologic Hazard Abatement District Dublin, California APPROVED ENGEO I N C 0 f?' P q RAT E 0 Engineers Report Annexation of the Jordan Ranch Development into the Fallon Village GHAD 7828.000.000 October 20, 2011 ENGINEER'S REPORT for ANNEXA nON OF THE JORDAN RANCH DEVELOPMENT INTO THE FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT for the ESTABLISHMENT OF AN ASSESSMENT LIMIT I. INTRODUCTION The Fallon Village Geologic Hazard Abatement District authority of the California Public Resources Code, Divisi of Control" referred to within this Engineer's Report is Jordan Ranch development on file with the City of lblin Ci ("GHAD") was fonned under the 7, Section 26500 et seq. The "Plan roved final Plan of Control for the lerk. II. BACKGROUND The City of Dublin fonned the Fallon Villag azard Abatement District ("GHAD" or "District") on December 4, 2007. 1b vel, r of e Jordan Ranch residential project has submitted a Plan of Control that deftri he l'1i~AD's responsibilities to pennanently monitor and maintain GHAD improvemen~~., ,Ian of Control was adopted by the Fallon Village GHAD Board of Directors o~~~,,'ii]!~~. This Engineer's Rep~rt describes the establishment of an assessment level t0t9 nd GHAD'fic!lvltles necessary or IncIdental to geologIc hazard mitigation, abatement and co I. ~ ABATEMENT DISTRICT BOUNDARIES III. GEOLOGIC HAZA A written description of the Jordan Ranch Annexation Area is provided in Exhibit A. The boundaries of the land to be annexed to the Fallon Village GHAD ("Jordan Ranch Annexation Area") are shown in the diagrams attached hereto as Exhibit B. IV. SERVICE LEVELS To establish the appropriate assessment level, ENGEO has assumed the GHAD will undertake the following activities, as described in the PJanofControl: I. Oversight ofGHAD operations. 2. In conjunction with the County Assessor's Office, setting of the annual levying of assessments on the property tax rolls. ENGEO INCORPORATED Engineer's Report Annexation of the Jordan Ranch Development into the Fallon Village GHAD 7828.000.000 October 20, 2011 3. Engagement of technical professionals to perform the required monitoring duties as described in the Plan of Control. 4. Performance of GHAD maintenance activities In accordance with the GHAD Plan .of Control. These maintenance activities include: . Slopes . Restored and unaltered creek channels . Existing and proposed wetlands and riparian features . Water quality basin . Debris benches . Maintenance roads . Developed trails including footbridge . Fencing . Concrete-lined drainage ditches . Storm drain system improvements . Retaining walls . Subdrains and subdrain outlets . Fuel management . Annual report to the City of Dublin op,imple or approving the GHAD's annual budget and assessment. The GHAD's day-to-day activities, and gineer's Report, may be delegated to the GHAD , irectors. 5. Preparation of annual GHAD bud The GHAD Board of Directors i Enginee:' s Report, and levY2!ll't!l~ preparatIOn of the annual<!plr...d~ Manager, as specified by th~oard 0 '?~ V. DESCRIPTION OF liKE IMPROVEMENTS TO BE MAINTAINED BY THE GHAD The GHAD shall maintain the improvements described in the Plan of Control, Section 2.3. VI. ASSESSMENT METHOD The GHAD-maintained improvements described in Plan of Control, Section 2.3 are distributed within the GHAD boundaries. Maintenance and protection of these improvements provide a special benefit to all residential, commercial, and school property owners within the Jordan Ranch portion of the Fallon Village GHAD. As a means of protection from the Geologic Hazards described in Section 2.0 of the Plan of Control, including slope instability, seismically induced ground shaking, and expansive soil, the proposed improvements will provide protection to improvements within the GHAD and, therefore, will provide a special benefit to property owners within the GHAD. These improvements are special benefits conferred on all the assessed parcels ENGEO I N COR PO RAT r: D Engineer's Report Annexation of the Jordan Ranch Development into the Fallon Village GHAD 7828.000.000 October 20. 2011 in the GHAD - they affect the' assessed property in a way that is particular and distinct from their effect on other parcels and in a way that real property in general and the public at large do not share. There is no special benefit for properties outside of the district.. Like most assessments, special benefits conferred by the improvement have the effect of creating general benefits (i.e., an improved open space with a trail that the public may use). This effect does not transform the special benefits into general benefits. The general benefits are incidental to the improvements and are not being assessed. The subject parcels are only being assessed for the reasonable costs of the proportional specific benefits conferred on that parcel. As a result, the GHAD assessment is distributed among all owners of parcels, which are buildable with habitable space. Habitable square footage is space, "used or intended for supporting or sheltering any use or occupancy, which is expected to have a human occupancy rate of more than 2,000 person-hours per year" (Adaptedfrom California Code of Regulations, Title 14, Division 2, Section 3601). The Engineer hereby finds that residential properties wi~tn the GHAD receive substantially equal special benefit based on the average lot size for ~~~etached residential product type and on the average lot size divided by the number units.... ~D.<?pO' the att[cpe..d residential product types: lA' Product T)'pe Number of Units Number of (showing average lot size per unit) Assessment Ratio (Currentlv Units ApproHd) (P,'oposed) Single Family (5,200 SF),Detached 1.00 80 80 Single Family (4,000 SF),Detached 0.77 ]72 172 Single Family (3,600 SF) - Four Unit 0.69 III III Clusters, Detached . Single Family (3,000 SF)-..Small Alley 0.58 94 94 Lot, Detached Single Family (3,200 SF), Detached 0.62 0 56 Three Story Townhomes(2,420SF) 0.47 126 126 Three Story Townhomes with Flats 0.45 183 112 I (2,360 SF) Lofts over Retail (2,49(J SF) 0.48 14 0 . Total Units 780 751 The non-residential properties within the GHAD also receive substantially equal special benefit based on the habitable space. To develop the annual assessment amount for the GHAD, a pro forma budget (Exhibit D) was prepared. The pro forma budget includes estimated income, projected expenses and an appropriate reserve. The assessment level for each of the assessed entities, residential units and non-residential units, was set at a level that provides for the budgeted GHAD expenses. ENGEO INCORPORATED Engineer's Report Annexation of the Jordan Ranch Development into the F allan Village GHAD 7828.000.000 October 20, 2011 Based on experience managing and budgeting for over 25 GHADs over a 25-year period and general experience performing geologic monitoring and maintenance activities, ENGEO performed a financial analysis to establish an operating budget for the on-going abatement, mitigation, prevention and control of geologic hazards within the Jordan Ranch development portion of the Fallon Village GHAD. In preparation of the budget, ENGEO considered salient factors which can affect GHAD management, including: . Site geology . Proposed remedial grading . Proximity of geologic hazards to proposed residences, improvements or structures . Site access considerations . Size and number of elements requiring routine maintenance, including: I. Surface drainage facilities 2. Graded slopes 3. Trail ENGEO also considered the assessed. facilities (residenc"Z!> and non-residential buildings with ~, habitable space), inflation and investment earnings,,,th stimated frequency of large-scale repairs and an appropriate reserve amount. The b et als . cludes a 10-percent add-on for miscellaneous, unanticipated costs (Exhibit C). sho seven-year pro-forma budget for the Jordan Ranch portion of the Fallon Villag . Seven years is the planned absorption period for residential units with the Jordan d ment. Given the political difficulty of raisin e s once they are set, it was assumed that the annual assessment level must el which will fund the GHAD's activities in perpetuity, and which will only in m: ar in accordance with inflation. The currently approved residential unit coun,iSl,~ developer has proposed the construction of 751 units. . Due to the differences in ,r,#lsldenti nI types planned under each of the two scenarios, the equivalent unit count used t blis;i'lhe assessment limit does not vary significantly; therefore, the assessment limit in this re .. r~ains valid regardless of which alternative residential unit count is used. To calculate the as~rsment limit in Section VII, the 751-unit count alternative was used in this Engineer's Report. VII. ASSESSMENT AMOUNT The purpose of this initial Engineer's Report is to establish the assessment level and the apportionment of the assessment within the GHAD as required under Proposition 218. Although the recommended assessment levels will not change, except as adjusted for the Consumers Price Index as described below, the annual Engineer's Report in each subsequent fiscal year will apprise the GHAD Board of Directors of the estimated GHAD budget for the upcoming year. Based on the estimated expenses for on-going operations, and allowing for larger (approximately $500,000) geologic events at lO-year intervals, ENGEO prepared a budget for the purpose of estimating initial assessment levels (Exhibit C). In order io establish a reasonable reserve in the early years of the Jordan Ranch portion of the Fallon Village GHAD, there will be an initial deferral of GHAD expenses to the developer, as described in Plan of Control. Engineer's Report Annexation of the Jordan Ranch Development into the Fallon Village GHAD 7828.000000 October 20, 2011 The Engineer recommends an annual assessment limit for the Jordan Ranch GHAD Annexation Area of $541 per residential unit ($0.104038 per square foot for the average lot size of the product type) in Fiscal Year 2011/20]2 dollars. The proposed initial assessment level per unit will be adjusted annually to reflect the percentage change in the San Francisco-Oakland-San Jose Consumer Price Index (CPI) for All Urban Consumers. The assessment limit will be adjusted annually using an initial date of December 20] I for the CPI for both the residential and non- residential assessment limit. Each subsequent annual adjustment will be calculated using the 12- month period from December to December. The Engineer also recommends an annual assessment limit of $0.055 per square foot of habitable non-residential space. The residential and non-residential assessments are to be levied in conjunction with the issuance of a building permit for the assessed parcel. While the assumptions and estimated expenses listed in Exhibit C were used to determine the GHAD assessment levels, they do not represent the actual budget for anyone year of the GHAD's operation, since assessment of the individual parcels will be based on the issuance of building permits, which will occur over a number of yea n addition, ENGEO anticipates that the projected expense amounts will be reached ov and that these amounts will be inflation-adjusted in the year that the expenses occur.,. Pursuant to the schedule set forth in of the Plan trol, the GHAD reserve at the time of transfer will be, at a minimum, $50,000. Th esery; ount will include cash and receivables from the Alameda County Tax Collector. T, .... ~ributed by the developer of the Jordan Ranch Project shall be provided to li'o~ ilia GHAD prior to its acceptance of the monitoring and maintenance respo s ~~hin the Jordan Ranch Project. Funds collected from the levy of assessments dun fl~~hat the developer of the Jordan Ranch site is responsible for performing mpnilQ' maintenance activities may be applied to meet the required funding amount. 4fT EXHIBIT A E X H I B I T LEGAL DESCRIPTION A 98388140 City of Dublin County of Alameda Exhibit "A" Legal Description Real property situate in the City of Dublin, County of Alameda, State of California, being a portion ofthe parcel described in the deed recorded in document 98388140 Official Records of Alameda County, described as follows: Beginning at the northeastern corner of said parcel, said point being the Quarter Corner of Sections 34 and 35, Township 2 South, Range I East, Mount Diablo Base and Meridian; thence along the eastern line of said first parcel, South 01 029'39"West, 224.44 feet; thence South 00046'42"West, 2709.61 feet to the southeastern comer of said parcel; thence leaving said eastern line and along the southern line of said parcel, North 88030'52"West, 2597.08 feet to the southwestern corner of said parcel, said point being on a non-tangent curve to the left having a radial which bears North 62031'08" East, a radius of 399.94 feet, a delta of 10023'53 "; thence leaving said southern line, northwesterly along the western line of said parcel and said curve an arc length of 72.58 feet; thence North 37052'45"West, 324.96 feet to a non-tangent curve to the right, having a radial which bears South 71030'09" West, having a radius of 1288.00 feet, a delta of 00006'47"; thence leaving said western line and northwesterly along said curve an arc length of 2.54 feet; thence North 71 036'56"East, 1.00 feet to a non-tangent curve to the right, having a radial which bears South 71036'56" West, a radius of 1287.00 feet, a delta of 00002'14"; thence northwesterly along said curve an arc length of 0.84 feet to a compound curve having a radius of 87.00 feet, a delta of 14059'25"; thence along said curve an arc length of 22.76 feet; thence North 03021'25"West, 16.40 feet to a curve to the left having a radius of 238.00 feet, a delta of 11012'15"; thence along said curve an arc length of 46.54 feet to a reverse curve having a radius of 1275.00 feet, a delta of . 06006'50"; thence along said curve an arc distance of 136.05 feet to a compound curve having a radius of 1317.00 feet, a delta of 03000'09"; thence along said curve an arc length of69.02 feet; thence North 05055'52"West, 167.36 feet to a nonciangent curve to the right having a radial which bears North 88012'38" West, a radius of 1329.00 feet, a delta of 04031 '54"; thence northeasterly along said curve an arc length of 1 05.11 feet; thence North 06019'16"East, 464.02 feet; thence North 03035'25"East, 95.16 feet to a non-tangent curve to the left having a radial which bears South 88038'03" East, a radius of 1213.00 feet, a delta of 11 024'55"; thence northwesterly along said curve an arc length of 241.67 feet to a non-tangent curve to the left having a radial which bears North 79057'02" West having a radius of 1065.00 feet, a delta of 00052'34"; thence along said curve an arc length of 16.28 feet to a reverse curve having a radius of 212. 00 feet, a delta of 09015'24"; thence along said curve an arc distance of 34.25 feet to a reverse curve having a radius of238.00 feet, a delta of 03044'38"; thence along said curve an arc distance of 15.55 feet; thence South 84035'14"West, 1.00 feet to a non-tangent curve to the left having a radial which bears North 84035'14" East, a radius of237.00 feet, a delta of 01 010'03"; thence northwesterly along said curve an arc length of 4.83 feet; thence Created on 10/19120103:21 PM G:\Admin\Jobs-08\081 00 1 \SUR VEY\GHAD.doc 98388140 City of Dublin County of Alameda Exhibit "A" Legal Description North 06019'16"East, 258.07 feet to a non"tangent curve to the right having a radial which bears South ~3040'20" East, ~avinga radius of800.55 feet,a delta of 03030'57"; thence along said curve an arc length of 49. ] 2 feet to a non"tangent curve to the left having a radial which bears South 38051 '59" East, a radius of 466.00 feet, a delta of 28046']5"; thence northeasterly along said curve an arc length of 234.00 feet; thence North 2202] '46"East, 687.66 feet to the northern line of said parcel; thence along said northern line, South 89051 '52':East, 2470.35 feet to the Point of Beginning. &ii;~Ir~. arles Sellman L.S. 5186 ~ /0-1...0- ~OIO Date Created on 1011912010 3:21 PM G:\Admin\Jobs-08\081 001 \SURVEY\GHAD.doc page 1 Project: 081001 Wed October 20 10:48:01 2010 Parcel Map Check Parcel name: GHAD PARCEL North: 445756.2541 East : 612260.8222 Line Course: S 01-29-39 W Length: 224.44 North: 445531.8904 East : 612254.9699 Line Course: S 00-46-42 W Length: 2709.61 North: 442822.5304 East : 612218.1624 Line Course: N 88-30-52 W Length: 2597.08 North: 442889.8595 East : 609621.9553 Curve Length: 72.58 Radius: 399.94 Delta: 10-23-53 Tangent: 36.39 Chord: 72.48 Course: N 32-40-49 W Course In: S 62-31-08 W Course Out: N 52-07-15 E RP North: 442705.3047 East : 609267.1433 End North: 442950.8672 East : 609582.8189 Line Course: N 37-52-45 W Length: 324.96 North: 443207.3605 East : 609383.2941 Curve Length: 2.54 Radius: 1288.00 Delta: 0-06-47 Tangent: 1.27 Chord: 2.54 Course: N 18-26-28 W Course In: N 71-30-09 E Course Out: S 71-36-56 W RP North: 443615.9956 East 610604.7528 End North: 443209.7715 East 609382.4901 Line Course: N 71-36-56 E Length: 1. 00 North: 443210.0869 East 609383.4391 Curve Length: 0.84 Radius: 1287.00 Delta: 0-02-14 Tangent: 0.42 Chord: 0.84 Course: N 18-21-57 W Course In: N 71-36-56 E Course Out: S 71-39-10 W RP North: 443615.9956 East : 610604.7528 End North: 443210.8804 East : 609383.1756 Curve Length: 22.76 Radius: 87.00 Delta: 14-59-25 Tangent: 11. 45 Chord: 22.70 Course: N 10-51-07 W Course In: N 71-39-10 E Course Out: S 86-38-35 W RP North: 443238.2658 East 609465.7531 End North: 443233.1714 East 609378.9024 Line Course: N 03-21-25 W Length: 16.40 North: 443249.5433 East 609377.9421 Curve Length: 46.54 Radius: 238.00 Delta: 11-12-15 Tangent: 23.35 Chord: 46.47 Course: N 08-57-32 W Course In: S 86-38-35 W Course Out: N 75-26-20 E RP North: 443235.6069 East : 609140.3505 End North: 443295.4431 East : 609370.7059 Curve Length: 136.05 Radius: 1275.00 Delta: 6-06-50 Tangent: 68.09 Chord: 135.99 Course: N 11-30-15 W Course In: N 75-26-20 E Course Out: S 81-33-10 W RP North: 443615.9940 East : 610604.7530 Project: 081001 Parcel Map Check End North: 443428.6986 Curve Length: 69.02 Delta: 3-00-09 Chord: 69.00 Course In: N 81-33-10 E RP North: 443622.1637 End North: 443497.1997 Line Course: N 05-55-52 W Length: North: 443663.6638 Curve Length: 105.11 Delta: 4-31-54 Chord: 105.08 Course In: S 88-12c38 E RP North: 443622.1636 End North: 443768.4872 Line Course: N 06-19-16 E Length: North: 444229.6862 Line Course: N 03-35-25 E Length: North: 444324.6594 Curve Length: 241.67 Delta: 11-24-55 Chord: 241.27 Course In: N 88-38-03 W RP North: 444353.5725 End North: 444565.2385 Curve Length: 16.28 Delta: 0-52-34 Chord: 16.28 Course In: S 79-57-02 W RP North: 444379.3982 End North: 444581.2513 Curve Length: 34.25 Delta: 9-15-24 Chord: 34.21 Course In: N 79-04-28 E RP North: 444621.4324 End North: 444615.2582 Curve Length: 15.55 Delta: 3-44-38 Chord: 15.55 Course In: S 88-19-52 W RP North: 444608.3268 End North: 444630.7774 Line Course: S 84-35-14 W Length: North: 444630.6831 Curve Length: 4.83 Delta: 1-10-03 Chord: 4.83 Course In: S 84-35-14 W RP North: 444608.3268 End North: 444635.4859 Line Course: N 06-19-16 E Length: North: 444891.9869 East : Radius: Tangent: Course: Course Out: East : East : 167.36 East : Radius: Tangent: Course: Course Out: East: East : 464.02 East 95.16 East Radius: Tangent: Course: Course Out: East : East : Radius: Tangent: Course: Course Out: East : East : Radius: Tangent: Course: Course Out: East : East : Radius: Tangent: Course: Course Out: East East 1. 00 East Radius: Tangent: Course: Course Out: East: East : 258.07 East : page 2 Wed October 20 10:48:01 2010 609343.5847 1317.00 34.51 N 06-56-46 W S 84-33-19 W 610646.2973 609335.2394 609317.9456 1329.00 52.58 N 04-03-19 E N 83-40-44 W 610646.2975 609325.3772 609376.4661 609382.4251 1213.00 121. 24 N 04-20-30 W N 79-57-02 E 608169.7697 609364.1593 1065.00 8.14 N 10-29-15 W N 79-04-28 E 608315.4990 609361.1951 212.00 17.16 N 06-17-50 W S 88-19-52 W 609569.3525 609357.4424 238.00 7.78 N 03-32-27 W N 84-35-14 E 609119.5434 609356.4821 609355.4866 237.00 2.41 N 05-59-47 W N 83-25-11 E 609119.5434 609354.9821 609383.3957 Project: 081001 Parcel Map Check Curve Length: 49.12 Delta: 3-30-57 Chord: 49.12 Course In: S 83-40-20 E RP North: 444803.7533 End North: 444940.6150 Curve Length: 234.00 Delta: 28-46-15 Chord: 231. 55 Course In: N 38-51-59 W RP North: 445303.4479 End North: 445126.1490 Line Course: N 22-21-46 E Length: North: 445762.0925 Line Course: S 89-51-52 E Length: North: 445756.2479 Perimeter: 11068.27 Radius: Tangent: Course: Course Out: East : East : Radius: Tangent: Course: Course Out: East : East : 687.66 East : 2470.35 East : page 3 Wed October 20 10:48:01 2010 800.55 24.57 N 08-05-09 E N 80-09-23 W 610179.0685 609390.3041 466.00 119.52 N 36-44-54 E S 67-38-14 E 609097.8861 609528.8399 609790.4736 612260.8167 Area: 8,095,476 sq. ft. 185.85 acres Mapcheck Closure - (Uses Error Closure: 0.0083 Error North: -0.00619 Precision 1: 1,333,524.10 listed courses, radii, and deltas) Course: S 41-38-31 W East : - 0.00550 EXHIBIT B E X H I B I T GHAD BOUNDARY B f \ <) ;;; N8B79'52"Ei ;;; '- 0; ~ ~ R ""ill <0 " G~ <l~ t'j", ~ {< '" '" <: ~ - ~ '" GHAD PARCEL 1 g ;;3 '* ~ (185.9:10 ACRES) '" :::J ... ~ ~ '" co ~ .-.l '" TRACT 7B58 .. ~ SB9"1i1'S2"E N SEE DETAIL "A" --- N8B:JO'S2"W CHEN /99B2654/4 LiNE TAI3li: R UNE BEARING DISTANCE L1 N3T52'45"W 324.96' L2 N71'J(i'8Bt 1.00' L3 NOJ'21'25"W 16.40' L4 ND5'55'52"W 161.36' LS N0679'16t 464.02' L6 NOJ:J5'25"E 95.16' L7 SB4:J5'14"W 1.00' LB N0679'16t 258.07' OCTAIL -A- NOT 10 SCALE ~ T LEGEND P.O.B. POINT OF BEGINNING EXHIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR GHAD CITY' OF DUBLIN. ALOfEDJ. COUNTY, CALIFORNIA S""'"'" 1-=500' TRACT BOB4 SECTION B4 SECTION 85 2470.35' p.o.a {< ~; ~~ -OJ 8l OUAlL "8" NOT 10 SCAI.E SOI/TH LiNE SECTION J5 2591.08'- - - cum: TABlE CURVE RADIUS DELTA LENGTH CI 399.94' 10"23'5J" 72.58' C2 1288.00' 00Ti6'4r 2.54' C.J 12B1.00' OOV2'W 0.84' C4 B1.00' 14'59'25" 22.16' C5 238.00' l1i2'1S. 46.54' C6 1275.00' 06W'SO" 136.05' C7 1311.00' OJW'09" 69.02' C8 1329.00' 04'31'54" 105.11' C9 1213.00' 11'24'55" 241.67' C10 1065.00' 00'52'34" 16.28' cn 212.00' 0975'24" 34.2S' C12 238.00' OJ'#'J8" 1S.55' C13 231.00' 0170'OJ" 4.83' C14 800.55' O3"3O'5r 49.12' C15 466.00' 2B'46'15" 234.00' o 500 ~ ( IN FEET ) 1 inch = 500-tt. 1000 I Go\J<ll:>2tI09\.081OOl\IIAPPil'lG\P\.ATS\GHIo~1ll/2OJ2QI01D...g.14AAPDT 'Rfk RUGGERI-JENSEN-AZAR ENGINEERS. F'LANNERS . SURVEYORS 4S90Cl-lAl101ORIVE.SUITE200 PlEA.S1>NTOH,CA945ll8 PHONE, (925) 227_9100 fAX: (n~) 221-9300 DATE: 10-20-10 JOB NO.: 081001 EXHIBIT C E X H I B I T . FALLON VILLAGE GHAD BUDGET - JORDAN RANCH ANNEXATION c Engineer's Report Annexation of the Jordan Ranch Development into the Fallon Village GHAD 7828,000,000 October 20, 2011 EXHIBIT C Fallon Village Geologic Hazard Abatement District Jordan Ranch Annexation Budget ASSUMPTIONS & REVENUES Total No, of Residential Units - Actual Equivalent Assessment Units Annual Assessment per Unit (current $) Approximate Total Habitable Non-Residential Building Area (square feet) Annual Assessment per nonresidential (square feet) Annual Adjustment in Assessment (estimated) Inflation (estimated) Investment Earnings (estimated) Frequency of Large-Scale Repair (years) Cost of Large-Scale Repair (current $) Administration and Accounting Professional Services Maintenance and Operation Slope Stabilization and Erosion Pr Detention Basin Maintenan Capital Improvements Major Repair (Annualized) Miscellaneous & Contingency (J 751 488 $541 88,000 $0,055 2.0% 2.0% 3.0% 10 $500,000 TOTAL $ 58,990 $ 17,000 $ 33,200 $ 40,000 $ 17,500 $ 35,050 $ 50,000 $ 20,174 $27] 914 ENGEO I N COR P 0 R A r.E D EXHIBIT D E X H I B I T FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT JORDAN RANCH ANNEXA nON Pro Forma Budget D EXHIBIT 0 Fallon Village Geologic Hazard Abatement District - Jordan Ranch Annexation Estimated Budget - Revised October 20, 2011 FISCAL YEAR (STARTING JULY 1) ~ 2012 ~ 2014 2015 2016 2017 CumulaliveEquivalefltUnils 0 72 '43 328 "3 488 A. INCOME Assessment 41,281 83,628 195,654 269,537 302,855 B. PROJECTED EXPENSES 1. AdminiSlralion and ACCQunting $30,051 $47,547 $59.085 $64.289 CounlyFees 3H '" 540 54' 699 , Professional Services 18,041 18,401 18.769 19,145 3 Maintenance & Operaticn 10,324 24,154 33.275 37,389 4,SlopeSlabilizalion ,md ErosionProleclion 12.439 29.101 40,091 45,046 5. DelentionBasin 5,442 12,732 17.540 19.708 6. Major Repair 7. Capital Improvement 32,638 34.096 35,058 35,492 8. Miscellaneous Expenses 6.273 14.577 20.220 22,719 SUfHOTAL. EXPENSES 317 115,589 181.250 224,686 244,486 RESERVE 40,964 (31,961) 14,404 44,851 58.368 EARNINGS 1,229 307 '" 2,116 CUMULATIVE RESERVE 40,964 10,232 24,943 70,541 131,026 ASSUMPTIONS Equivalenl Assessmenl Units Absorption Period (yrs) Annual Assessment per Unrl Total Non-Residential Building Alea(sq.fl.) AnnualAssessmentpernon.res sq. foot Annual Increase In Assessment InMation In;testmentEarnings Inibal Seed Fund Amount Financed BorrO>MngRale Term of Loan (yrs) Frequency of large-Scale Repair (yrs) Cosl of large-Scale Repair(current$) Ass8ssment Cap (per residenUal unit) Expense DelerralPeriod (Yrs) 488 9 $541 88,000 SO,055 2.0% 2,0% 3,0% $0 $0 8.0% " 10 $500,000 999999 3 ESTIMATEO ANNUAL EXPENSES IN Of'CEMBER 2011 DOLLARS Mminist!aliooI!. Accouol"'9 $41,000 Adm''''~'''''..,n&Aeooum'''9.aLJt.odeS.."""". $16,~ GHADMoMOn....Pmg'.m $17,000 5ulxlr.inOlJl1aIIM.int.""""", $400 Sodin'enl'D"",;, Re=vfIl, COr1er.", 51r"ot",., $11,000 h@SUpP'@5..onN@g@,alicmConlrol,F@noe. 1"',1$ ~21.8oo Slop.. S,abiliZBt.,m(incl, mi...,rl.nd,I.;,"9) 520,000 Erc,i"nP,claclton("",ludiflg,c.cur"'MoulYen) S20,000 D"'anlicm Sa,,,, Ma;nl"...nc.o 517.500 SwaleRaplo""''''..", 512,500 Opan S~.c.o S'o",", D,ain Feo,I."" Replaoan'er\l 5t ,400 F~n<:"..ndl<.'..,ningW..~R..pl.c._nt 5t6,OOO Moint"...n""lno",,"ssRcadw.yRaploc""'''r1t 11,6S0 Gone",t. Irr..~dra","~..dlcl\ Replaao",er<l 13,SOO Major Repair (Ar1nualized) S~,OOO Misc&Contingency(10%) ~ TOTAL $271,914 50,000 sf school and 38,000 retail PROFORMA CATEGORY .A.dministraticn & Accoun!ing Mministralion & Accounting ProlessionalServices Maintenance and Operation MainlenanceandOperaUon Mail1tenanceandOperalion Slope Stabilization afld ErosionProlection Slope Stabilization and ErosionProtecUon DelentionBasin Cap;lallmpro~emenl Capital Improvement Capitallmprovemenl Capitallmprovemenl Capital Improvement Major Repair MscellaneousExpenses 1of1 7828.000.000 10/21/2011 NOTICE OF ADOPTION OF RESOLUTION BY THE BOARD OF DIRECTORS OF THE FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT On May 3, 2011, the Fallon Village Geologic Hazard Abatement District Board of Directors adopted Resolution No.2-II, approving and ordering the annexation of the Jordan Ranch development into the Fallon Village Geologic Hazard Abatement District (GHAD). This formation was described in the petition dated March 9, 2011 and in the GHAD Plan of Control dated February 11,2011. These actions were taken in accordance with Public Resources Code Sections 26500 et seq. for the purpose of the prevention, mitigation, abatement and control of certain geologic hazards. NOTICE IS HEREBY GIVEN that, on November I, 2011, the Fallon Village GHAD Board adopted Resolution _ -II declaring its intention to impose an assessment on GHAD property within the Jordan Ranch development and fixing a public hearing to consider adoption of this assessment to finance this portion of the GHAD. The total yearly estimated budget for the financing of the Jordan Ranch portion of the Fallon Village GHAD as set forth in the Engineer's Report, is $271,914. If the assessment is adopted, it is anticipated that the following assessments amounts will apply within the Jordan Ranch portion ofthe GRAD in fiscal year 2011/2012 dollars. Assessment Assessment Product Type Ratio Limit (FY 2011/2012) 5,266 SFSifigle.FalJlily Detached LOO. . $541.00 4,006 SF8ingJeFamily Detached . 0.77 $416.57 I. Four Unit Clusters . 0.69 $373.29 Small Alley Lot 0.58 , $313.78 Single Family Detached (43x75) 0.62 $335.42 Three Story Townhomes 0.47 $254.27 Three Story Townhomes with Flats 0.45 $243.45 Lofts over Retail 0.48 $259.68 If adopted, and pursuant to the Engineer's recommendation, habitable, non-residential space would be annually assessed at a rate of$0.055 per square foot. If the assessment is adopted, the rates identified in this notice will be adjusted annually based upon the percentage change in the San Francisco-Oakland-San Jose Consumer Price Index for All Urban Consumers. If adopted, the assessment will remain in effect indefinitely unless it is modified or rescinded by the Fallon Village Geologic Hazard Abatement District Board of Directors. The attached Engineer's Report for the GHAD was prepared by a registered engineer, certified in the State of California, and describes in detail the reason for the assessment and the basis upon which the amounts of the proposed assessments were calculated. The Engineer's Report specifically sets forth the yearly estimated budget, the total assessment that will be chargable to the Jordan Ranch portion of the Fallon Village GHAD, the EXHIBIT C To the Resolution proposed estimated assessments to be levied each year against each parcel of property, and a description of the method used in formulating the estimated assessment. A copy of the Engineer's Report is included as Attachment A and is also available for inspection at the office of the City of Dublin Clerk, 100 Civic Plaza, Dublin, CA 94568. The GHAD Board will conduct a public hearing on December 20, 2011, at 7:00 p.m., in the City Council Chambers, 100 Civic Plaza, Dublin, California, to consider imposition of the proposed assessment. This paragraph provides the procedure for returning and tabulating the ballots. A copy of this Notice of Adoption of Resolution, a sealable ballot and the Engineer's Report has been sent to each of the property owners that are within the Jordan Ranch development within the Fallon Village GHAD. The ballot may be completed and mailed or hand delivered to the City of Dublin Clerk, Attention: Ms. Caroline Soto, 100 Civic Plaza, Dublin, CA 94568, or may be submitted at the public hearing. You may submit, withdraw, or change your ballot at any time prior to the conclusion of the testimony on the proposed assessment at the public hearing. At the public hearing, the GHAD Clerk will deliver the sealed ballots to the GHAD Board. The ballots will remain sealed until. they are tabulated. The GHAD board will then close the public hearing and consider all protests against the proposed assessment. After the GHAD Board closes the public hearing, the GHAD Clerk, or some other impartial person not having a vested interest in the outcome of the proposed assessment, will tabulate the ballots submitted and not withdrawn, in support of or in opposition to the proposed assessment. The GHAD Board shall not impose the assessment if there is a majority protest. A majority protest exists if, upon conclusion of the Hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. Inquiries regarding the proposed assessment may be made by mail to: City of Dublin Clerk, Attention: Ms. Caroline Soto, 100 Civic Plaza, Dublin, CA 94568 or by phone at (925) 833-6650. Ballot Identification of Parcel: Assessors Parcel Numbers 985-27-6-4 and 985-27-7-4 Record Owner: BJP-ROF Jordan Ranch, LLC Yes, I approve the proposed annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this Ballot. No, I do not approve the proposed annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this Ballot. Mail or deliver sealed Ballot to: Clerk of the Board of Directors Ms. Caroline Soto Fallon Village Geologic Hazard Aba 100 Civic Plaza Dublin, CA 94568 Signature of Record Owner or Authorized Representative of the above identified parcel(s) EXHIBIT ~ To the Resolution