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HomeMy WebLinkAboutItem 4.1 Appt Board Ballot Proceedings DISTRICT CLERK File # D~~[Q]-~~ FALLON CROSSING GEOLOGIC HAZARD ABATEMENT DISTRICT AGENDA STATEMENT DATE: November 1,2011 TO: Honorable Boardmembers FROM: ~JOni Pattillo, City Manager for the City of Dublin SUBJECT: 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 Fallon Crossing Geologic Hazard Abatement District (GHAD), and Resolution Appointing the Board President and District Officers Prepared By: Mark Lander, City Engineer for the City of Dublin EXECUTIVE SUMMARY: On August 16, 2011, the City Council of the City of Dublin approved the formation of the Fallon Crossing Geologic Hazard Abatement District (GHAD). The GHAD Board will receive the Engineers Report which specifies the estimated costs and funding required. The Board will also consider the adoption of a 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 Improvements within the Fallon Crossing GHAD. FINANCIAL IMPACT: The GHAD does not currently have a source of revenues to finance its operations. An assessment on the properties within the District will generate funding to pay for the maintenance and operation of GHAD improvements, as well as contribute to reserves. The Engineers Report establishes that all 106 lots will be assessed an equal amount. The Assessment will begin at $995 annually and will only be levied in the fiscal Year following the issuance of a building permit. RECOMMENDATION: It is recommended that the Board of Directors conduct a public hearing, deliberate, and adopt 1) a 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 Fallon Crossing Geologic Hazard Abatement District; and 2) a Page 1 of 4 ITEM NO. ~ Resolution Appointing the Mayor of the City of Dublin as the President of the Board of Directors, the City Clerk of the City of Dublin as the District Clerk, the City of Dublin Administrative Services Director as the District Treasurer, the City of Dublin City Manager as the Di trict Manager, an the CitYff.D~b~City E~r as the District Engineer. '/} ~ ~~1 ~~ //- . ubmitte y Reviewed By Revie ed B Pub ic Works Director Administrative Services Director Assistant City ager for the City of Dublin for the City of Dublin 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 August 16, 2011, the City Council of the City of Dublin approved the formation of the Fallon Crossing GHAD. The City Council sits as the Board of Directors of the Fallon Ranch GHAD. There is currently no financing mechanism in place to pay for the Fallon Crossing 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 Fallon Crossings development (Tract 7617) includes 106 single-family residential lots located on the northeasterly side of the Tassajara Road/ Fallon Road intersection. The adoption of the attached 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 Improvements within the Fallon Crossing GHAD would initiate an assessment ballot proceeding for the Fallon Crossing GHAD. If approved, a new assessment zone will be created to pay for GHAD activities in Fallon Crossing. The annual assessments, if confirmed by the Board of Directors, will generate $995 per detached single family residence within the District, and would be adjusted annually based upon the percentage change in the San Francisco- Oakland-San Jose Consumer Price Index for All Urban Consumers. The adjustment will be in the amount of the CPI percentage change plus 0.5%. The adoption of the attached Resolution Appointing the Mayor of the City of Dublin as the President of the Board of Directors, the City Clerk of the City of Dublin as the District Clerk, the City of Dublin Administrative Services Director as the District Treasurer, the City of Dublin City Manager as the District Manager, and the City of Dublin City Engineer as the District Engineer would establish the above officers of the District. ANALYSIS: California 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. Page 2 of 4 On July 19, 2011, the City Council was presented with a petition for the formation of the Fallon Crossing Village GHAD ("Petition"), and adopted Resolution No. 115-11, accepting the Petition and setting a hearing on the formation of the Fallon Village GHAD ("Hearing"). Notice of the Hearing was given pursuant to the provisions of Public Resources Code Sections 26564 through 26566. On August 16, 2011, the Hearing was held on the formation of the Fallon Crossing 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 formation of the GHAD, and the Board of Directors thereafter approved Resolution No. 147-11, approving the formation of the Fallon Crossing GHAD. In order to defray the costs and expenses of maintaining and operating the Fallon Crossing GHAD improvements within Fallon Crossing, as designated in the Fallon Crossing 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 Fallon Crossing ("Engineer's Report") has been prepared by Frank Berlogar, Berlogar and Stevens, 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 Crossing GHAD to property within Fallon Crossing frorn 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 Fallon Crossing, 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 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 Fallon Crossing. Although not specifically required by the GHAD law, City Staff is recommending that the Board appoint the Mayor of the City of Dublin as the Board President. The duties of the President Page 3 of 4 would initially be limited to chairing meetings and signing documents approved by the Board, such as resolutions and contracts. The Board may delegate additional authority to the President at a later date. The GHAD law requires that the Board of Directors appoint a Clerk of the District and a Treasurer of the District. City Staff is proposing that the City Clerk and the City Administrative Services Director be appointed as, respectively, the District Clerk and the District Treasurer. In addition, City Staff is recommending that the Board of Directors appoint a District Manager and District Engineer. It is recommended that the City Manager be appointed as the District Manager. The purpose of the appointment of a District Engineer is merely to ensure compliance with the GHAD law. The requirements of the GHAD law for the levy of assessments stipulate that the Engineer's Report supporting the assessments be prepared by an officer of the District. It is proposed that the City Engineer be named District Engineer. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report was provided to Standard Pacific Homes, owner of the Fallon Crossings development. ATTACHMENTS: 1) 2) Location Map 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 Improvements within the Fallon Crossing GHAD, including: Exhibit "A", Boundary Map Exhibit "B", Engineer's Report, including Exhibits "A"-"C" Exhibit "C", Notice of Public Hearing Exhibit "D", Assessment Ballot and Ballot Instructions Resolution Appointing the Mayor of the City of Dublin as the President of the Board of Directors, the City Clerk of the City of Dublin as the District Clerk, the City of Dublin Administrative Services Director as the District Treasurer, the City of Dublin City Manager as the District Manager, and the City of Dublin City Engineer as the District Engineer. 3) G:\GHAD\Fallon Crossings GHAD\assessment levy\agst approving engineer's report- initiating assessment ballot.doc Page 4 of 4 " ;~ )~ I :~li!""... m,l~i ~ ,"~u d!UH , ~-z~==: , "'...~. ... -'q:d"' -..:;!:q"'11 ~ .~. . li~~ ~~ '" ~~:: ll: !t' ~ " "'~ ~~ I" 00 8 ~. ~~ OZ ~~ w. .~ w" Z" 0" l!!:S v;li~ ~:I~ ~ ~g o . o . ~ 8:; ~ ~ 8~-~ ';J~~~ '5 ~~ ~~;;~~:;i~~'!iiii~;;:'!!~.. i ........... 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A TT ACHMENT I ,= RESOLUTION NO. -11 RESOLUTION OF THE BOARD OF THE FALLON CROSSING 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 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 August 16, 2011, the City Council of the City of Dublin (the "City") approved Resolution No. 147-11 which created the Fallon Crossing Geologic Hazard Abatement District ("District") with the Board of Directors to consist of the City Council of the City of Dublin; . and WHEREAS, the property within Fallon Crossing is identified in the map attached as Exhibit A, 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 Fallon Crossing, as designated in the Plan of Control for the Fallon Crossing Geologic Hazard Abatement District ("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 implement 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 Fallon Crossing, attached as Exhibit B ("Engineer's Report"), has been prepared by the interim District Engineer, who is 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 Fallon Crossing 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 Crossing, and provides a description of the method used in formulating the assessments; and ATTACHMENT 2 WHEREAS, the levy of an assessment for District activities within Fallon Crossing is in the best interests of the citizens of Dublin; NOW, THEREFORE BE IT RESOLVED, by the Board of Directors of the Fallon Crossing Geologic Hazard Abatement District that: Section 1. FindinQs 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 Fallon Crossing which is benefited by the District. 2. The Board of Directors further declares its intention to assess against the property within Fallon Crossing, 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 to reflect the percentage change utilizing the San Francisco-Oakland-San Jose Consumer Price Index for All Urban Consumers for the month of December plus 0.5%. 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 1 st 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 Fallon Crossing ("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 Fallon Crossing announcing that ballots will be canvassed and a hearing conducted on December 20, 2011 on the levy and collection of the Assessmentfor 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 Fallon Crossing, 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 1st day of November, 2011, by the following vote: AYES: NAYS: ABSTAINED: ABSENT: 3 President ATTEST: District Clerk G:\GHAD\Fallon Crossings GHAD\assessment levy\Reso of Intent Initiating Assessment Ballot Proceeding.doc 4 LJN P.O.B. (PARCEl. 1) S01 '04:J8"w .. .. " 1- U -<: '" 1- ~ w ~ ::> :r: "- }.. w :r: U 0:: S44L2'OS"W 50.43' GHAD PARCEL 2 (0.03:t ACRES) NJ2"49'S2"E, R R=2S.00' &=11"32'IJ" L=5.0J' N89'2S'59"W 73.60' N45"37SS"W 48.12' S1!471'16"'./ / 85.89' '7 GRAD PARCEL 3 (O.H, ACRES) J~~43~'06"W N89'2 '59"W 1/9.S/' N21'29 :rw 23.69' I ",Z I LEGEND P.O.8. POINT OF BEGINNING o 300 600 ~ I ( IN FEET ) 1 inch = 300 fL Exhibit A Fallon Crossing Geologic Hazard Abatement District Boundary Map EXHIBIT A . To the Resolution ern OF DUBlJN. AI.A.MEDA COUNTY. CAUFORNIA SCA 1'-300' ~'-z.j-utS VJIUVO ENGINEER'S REP.oRT for FALL.oN CR.oSSING . GE.oLOGIC HAZARD ABATEMENT DISTRICT DUBLlN,CALIFORNIA (Revised .oCtober 19,2011) EXHIBIT B To the Resolution '----... ---------- TABLE OF CONTENTS . ENGINEER'S REPORT FALLON CROSSINGGE0LOGIC HAZARD ABATEMENT DISTRICT CERTIFICATION OFFILING . Page I. INTRODUCTION II. BACKGROUND III. LEGISLATIVE ANALYSIS IV. GEOLOGIC HAz.A~D.ABATf:ME.NTDISTR1CT BOUNDARIES V. GHAD ACTIVITIES AND OPERATIONS VI. GHAD MAINTAINED SITE IMPR9VEMENTS VII: ASSESSMENT METHOD VIII. ESTIMATED ANNUAL GHAD ASSESSMENT 2 4 5 6 6 7 EXHIBIT A - FALLON CROSSINGGHAD BUDGET EXHIBIT B - LEGAL DESCRIPTION EXHIBIT C - GHAD BOUNDARY ENGINEER'S REPORT FALLON CRQSSING GEOLOGIC HAZARD ABATEMENT DISTRICT (Pursuant to the Public Resources Code of the State of California, Section 26500 et seq and Article XIIID of the California Constitution) CERTIFICATION OF FILING This report is presented at the direction of the GHAD. Board of Directors. The GHAD is intended to provide monitoring and maintenance of improvements related to geologic hazard management within the Fallon Crossing GHAD and to levy and collect assessments in order to perform its activities. The improvements which are the subj ect of this report are defmed as any activity necessary or incidental to the prevention, mitigation, abatement, or control of a geologic hazard, construction, maintenance, repair, or operation of improvements; or the issuance and serVicing of bonds issued to .finance any of the foregoing (Section 26505) The undersigned respectfully submits the enclosed Engineer's Report. Berlogar Stevens & Associates By: ,GE Date: . I hereby certifY that the enclosed Engineer's Report was filed. on the day of Clerk of the Board Fallon Crossing Geologic Hazard AbatementDistiict Dublin, California I hereby certifY that the enclosed Engineer's Report was approved and confirmed by the GHAD Board on the day of . President of the Board Fallon Crossing Geologic Hazard Abatement District Dublin, California APPROVED ENGINEER'S REPORT for FALLON CROSSING GEOLOGIC HAZARD ABATEMENT DISTRICT for the ESTABLISHMENT OF AN ASSESSMENT LIMIT I. INTRODUCTION On August 16,2.011, theTity Council of the City of Dublin adopted Resolution No. 147-11 approving the formationQfthe Fallon Crossing Geologic Hazard Abatement l)istrict("GHAD") pursuant to the provisiorisof the California Public Resources Code, Division! 7, Section 26500 et seq. In addition, the City Council approved the Plan of Control ("POC"), pr~pared by Berlogar Stevens & Associates and dated May 25, 20 II, describing the duties and obligations of the GHAD. II. BACKGROUND As part of the City's -approval of Tract 7617, the Fallon Crossings development, the project proponent was required to create a Geologic Hazard Abatement District encompassing the entire project site prior to filing of the first finai map for the project. As state above, the GHAD has been formed and now assessment levels, adequate to fund the immediate and future obligations of the GHAD, muSt be established prior to the filing of a final map. This Engineer's Report ("Report") has been prepared in order to establish the assessment levels for fiscal year 2011-12. The Report and the proposed assessments have been prepared pursuant to the Public Resources Code of the State of California, Section 26500 et seq and Article XIIID of the California Constitution) Following submittal of this Report to the GHAD Board of Directors ("Board") for approval, the Board may call for an assessment ballot proceeding and public hearing on the proposed levying of assessments for the proposed improvements and services. If it is determined at the public Engineer's Report, Fallon Crossing GHAD Page 2 of8 hearing that the assessment ballots submitted in opposition to the proposed assessments do not exceed the assessment ballots submitted in favor of the assessments (weighted by the proportional financial obligation of the property for which ballots are submitted), the Board may take action to.approve the levy of assessment for fiscal year 2011-12. III. LEGISLATIVE ANALYSIS Proposition 218 Proposition 218, the Right to Vote on Taxes Act, was approved, by the voters of California on November 6, 1996, and is now ArtiCle XIIIC and XIIlD of the California Constitution. Proposition 218 provides for a ballot election by affected property owners to approve , , assessments to be levied to fund the cost of providing services, improvements; as well as maintenance and operation 'expenses to a public improvement which benefits the assessed property. The GHAD's proposed assessments will be balloted and approved by the affected property owners in-accordance with Proposition 218. Silicon Valley Taxpayers Assoc" Inc. V Santa Clara County Open Space Authority In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. vs. Santa Clara County Open Space Authority ("SVT A)") case. This ruling is the most significant court case in further legally clarifying the significant assessment requirements of Proposition 218. Several of the most important elements of the ruling inCluded further emphasis that: . Benefit assessments are for special benefits to property, not general benefits. · The services and/or improvements fuoded by assessments must be Clearly defined. · Assessment districts must be drawn to contain all parcels that receive a special benefit from a proposed public improvement or service. · Assessments paid in the assessment district must be proportional to the special benefit received by each such parcel from the improvements and services funded by the assessment. Engineer's Report, Fallon Crossing GHAD Page 30f8 This Engineer's Report and .the process used to establish these proposed assessments for fiscal year 2011-12 are consistent with SVTA decision and with the requirements of Articles XIIlC and XIIID ofthe California Constitution based upon the following factors: 1. The GRAD is narrowly drawn to include only the properties that receive special benefit from the proposed improvements and services. That is, the GHAD boundary is coincident with that of the project boundary and only properties within the project boundary receive . special benefits from the assessments. 2. The services and. improvements funded by the assessments are located within the GRAD boundary and are clearly described in the GHAD Plan of Control. 3. Due to their proximity to the assessed parcels, the improvements and services financed with assessment revenues benefit the properties in the GHAD in a manner different in kind from the benefit that other parcels of real property in the City derive from such improvements and services, and the benefits conferred on such property in the GHAD are more .extensive that a general increase in property values. 4. Since all of the assessed properties within the GHAD are similar in size and use (single family detached houses), the special benefit received and the assessment levied are equal for each assessed property. Thus, zones of benefit are not required and the assessment revenue derived from real property in the GHAD is expended only on services in the GHAD. Dahms v. Downtown Pomona Property On June 8, 2009, the 4th Court of Appeal amended its original opinion upholding a benefit assessment for property in the downtown area of the City of Pomona. On July 22, 2009, the California Supreme Court denied review. On this date, Dahms became good law and binding precedent for assessments. In Dahms, the Court upheld an assessment that was 100% special benefit (i.e., 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property within the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. Engineer's Report, Fallon Crossing GHAD Page 4 of 8 B<mander v. Town of Tiburon ON December 31; 2009, theIst District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. Tht: Court invalidated the assessment on the grounds that the assessments had been apportioned to assessed property based in part on relative costs within sub-areas of the assessment district instead of proportional specialberiefits. Beutz v. County of Riverside . ON May 256, 2010, the 4th District Court of Appeal iSSlJeda deCision on the Steven Beutz v. Count of Riverside appeaL This decision overturned im assessment for park maintenance in Widlomer, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and. separated from the special benefits. Compliance with Current Law This Engineer's Report is consistent with the requirements of Articles XIIIC and XlITD of the California Constitution and with the SVT A decision because the improvements to be funded are clearly defined, the improvements are directly available to and wiU directly benefit property in the GHAD and the improvement and services provide a direct advantage to property in the GHAD that would not be received in absence of the assessments; This Engineer's Report is consistent with Beutz and Dahms because the imprOVements and services will directly benl;lfit property in the GHAD and there are no general benefits associated with the improvements and services that would be received any property outside of the GHAD. The Engineer's Report is consistent with Bonander because the assessments have been apportioned based upon the overall costs of the improvements and services and the proportional special benefit to each property. IV. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES The boundaries of the Fallon Crossing GHAD coincide with the boundaries of 66.5 acre, Tract 7617, Fallon Crossing, and include 47.01 acres of open space land within the Fallon Crossing Engineer's Report, Fallon Crossing GHAD Page 5 of8 property as well as a O.22-acre maintenance easement between the Fallon Crossing and adjacent Silvera Ranch developments. The Legal description and Plats of the areas of GHAD responsibility are attachedasExhibits.B and C, respectively. V. GHADACTIVITIES AND OPERATIONS Activities and operations performed by the Fallon Crossing GHAD. shall be those necessary or incidental for the prevention, .mitigation, abatement or control of geologic hazards described in the Plan of Control. This will ihchide construction, maintenance, repair, or operation of any site improvement Additionally; the GMAD shall issue and service bonds to fund the GHAD operations. The GHAD shall provide administration and review of the improvements within the budgeted items including the following: I. Overseeing GHAD activities and operations. 2. In coordination with the Alameda County Assessors office, the GHAD shall set annual assessments to be levied on the property tax i'olls. 3. Retaining technical consultants to perform GHAD monitoring in accordance with the Plan of Control. 4. Performing the GHAD maintenance activities in accordance with the Plan of Control, , including: · Sediment removal, maintenance and/or repair of concrete lined V-ditches and drainage inlets, · Erosion and sedimentation repair, · Vegetation control including mowing, thinning and revegetation, . Slope stabilization, including landslide repairs, · Sediment removal from ponds and basins, . Subdrain outfall maintenance, . Creek bank maintenance, Engineer's Report, Fallon Crossing GHAD Page 6 of8 · Geotechnical instrument monitoring (if installed in the future), . Open space monitoring. 5. Preparation of annual GHAD budgets and evaluating assessment levies: VI. DESCRIPTION OF THE IMPROVEMENTS TO BE MAINTAINED BY THE GHAD The GRAD-mairitained improvements are describeq in the Fallon Crossing Plan of Control dated February 17, 2011. III general, these imprOvements include water. quality facilities; drainage systems, including concrete v"ditches in open space and on the hillsides; o'pen~space storm drain inlets and outlets; subdrains in open space and creek corridors; two ponds; reconstructed slopes within the open space area; and access roadways. VII. ASSESSMENT METHOD GRAD operations are to be funded in perpetuity through assessments paid by the residences .Iocated within the GHAD. The GHAp operations and maintenance of site improvements is considered to prOvide equal special benefit to all assessed prOperties located within the Fallon Crossing GHAD. In addition, all of the properties to be assessed are apprOximately equal in size and value. Therefore, annual assessments shall be levied equally on each individual property located within the Fallon Crossing GHAD. beginning the first year after building permits have been approved and issued for that parcel. The assessments are to be levied incoordination with the County Assessors Office. Discussion of Benefit In summary, the assessments can only be levied based upon special benefit to property. The following benefit categories summarize the types of special benefit to residential lots resulting from the installation, maintenance, and servicing of the improvements to be provided with the assessment proceeds. These categories of special benefit are derived in part from the statutes passed by the California Legislature and other studies. These types of special benefit are summarized as follows: Engineer's Report, Fallon Crossing GHAD Page 70f8 · Creation of indiviaual lots for residential use that, in absence of the services and improvements to be funded by the assessments, would not be create~. · Improved utility and usability of property. . Improved safety of property. · Enhanced visual experience and desirability of the area. · Protection of views, scenery and other resource valUes artd environmental benefits enjoyed by residents and guests and preservation of public assets maintained by the City and GHAD. · Moderation of temperatures, dust control, and other environmental benefits. These benefit factor,\Vhen applied to the property within the GHAD, specifically increase the . - . - - -. . utility of the property within theGHAD. For instance, .the assessments will provide funding to maintain drainage artd other facilities that, lacking such funding, would fail to work properly and lead to extensive property damage within the GHAD. Moreover, funding for the maintenance and servicing of these improvements is.a City-imposed project condition of approval that is needed to mitigate negative impacts of this development on the City. Without the GHAD, this condition could not be satisfied and the new homes could not be constructed. This is another special benefit to the properties in the GHAD. General versus SoeCial Benefit The proceeds from the assessments would be used to fund the maintenance obligations and the operations of the GHAD, In absente of assessments, a condition of the development approval could not be met and home construction within the project could be denied. The creation of residential lots and approval for the construction of homes is the overriding clear and distinct special benefit conferred exclusively on the properties within the GHAD. Moreover, benefits to . the public at large, if any, will be offset by benefits residents with the GHAD receive from the use of other similar public facilities not funded by the GHAD. Therefore, the assessment solely provide special benefit to property within the GHAD (100% special benefit) over and above the general benefits conferred to the public at large or properties outside of the GHAD. Engineer's Report, Fallon Crossing GHAD Page 8 of8 VIII. ESTIMATED ANNUAL GHAD ASSESSMENT Based on the estimated expenses for on-going operations, and allowing for larger (approximately $1 DD,DDD) geologic event at 10-year intervals, a budget was prepared for the purpose of estimating initial assessment levels (Exhibit A). In order to establish a reasonable reserve in the early years ofthe Fallon Crossing GHAD, there will bean initial deferral of GHAD expenses as described in the Plan of Control for the Fallon Crossing development. The Engineer recommends an annual assessment limh for the Fallon Crossing development of $995 per detached single residential unit Fiscal Year 2011/2012 dollars. The proposed initial assessment level of $995 for detached single famiiy units will be adjusted annually to reflect the percentage change in the San Francisco-Oakland~San Jose Consumers Price Index (CPI) for All Urban ConsUlJ1ers. The assessment level will be adjuSted for inflation annually to reflect the percentage change in theSah Francisco-Oakland-San Jose Consumer Price Index for All Urban Consumers as of the preceding December plus 0.5 percent. U:\@@@Pliblic\I.~Pleasanloil\3058.000~FaIXGhacf\Engineef5 Report\Eng Report.FalJon Xing ~:Revised Oct 19.doc EXHIBIT A Fallon Crossing GHAD Budget EXHlsrr A GHAD BUDGET, FALLON CROSSING ASSUMPTIONS Single-Family ResidentialUriits . . Annual Assessment per Single-Family Unit AnnualAdjustment in Assessment Inflation Investment Earnings Frequency ofLarge-Scale Repair (years) Cost of Large-Scale Repair (current $) 106 $995 2.0% 2.0% 2.0% 10 $100,000 ESTIMATED ANNUAL EXPENSES IN 2011/2012 DOLLARS Administration, Legal, Insurance & Accounting Professional Services - Site Monitoring Maintenance and Operation Erosion Protection Major Repairs (Annualized) Reserve Accumulation. $29,040 $9,000 $29,603 $16,000 $10,000 $11,827 TOTAL $105,470 CASH FLOW FISCAL YEAR (STARTING JULY 1) 2011 2012 2013 2014 2015 Cumuiative Equivalent Units 17 47 77 106 106 A. INCOME Assessment 16,915 47,934 80,445 113,380 116,017 B. PROJECTED EXPENSES 1. Administration and Accounting 6,000 7,000 7,500 31,218 31,998 County Fees 200 233 267 300 308 2. Professional Services 3,000 6,000 9,675 9,917 3. Maintentance & Operation 13,000 21,200 31,823 32,619 4. Erosion Protection 5,000 12,200 17,200 17,630 5. Major Repair SUBTOTAL-EXPENSES 6,200 28,233 47,167 90,216 92,472 RESERVE 10715 19,701 33,278 23,164 23,545 EARNINGS 214 612 1,290 1,779 CUMULATIVE RESERVE 10,715 30,630 64,520 88,974 114,298 franklFallon Crossings Eng Estimate ~ 10-19.xls EXHIBIT B Legal Description Standard Pacific Corporation City of Dublin County of Alameda Exhibit "B" Legal Description GHAD Parcel I Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the Parcel described in the deed recorded on April 14, 2005 to Standard Pacific Corporation in Document No. 2005146527, Official Records of the County of Alameda, State of California, described as follows: Beginning at the northeastern comer of said Parcel; thence along the eastemline of said Parcel, South 01 004'38"West, 1264.53 feet to the southemline of said Parcel; thence South 60019'01''West, 133.52 feet; thence North 83040'59"West, 135.30 feet; thence North 6401 0'59 "West, 528.00 feet; thence North 87010'59"West, 473.88 feet; thence, South 34049'01 "West, 576.\8 feet; thence North 89025'59"West, 725.18 feet to a non- tangent curve to the right having a radial which bears South 69008'38" West, a radius of 1066.00 feet, a delta of 17039'41 "; thence leaving said southern line, northwesterly along said curve an arc length of328.59 feet; thence North 03011 '41 "West, 121.68; thence North 33023'01 "East, 83.52; thence North 13002'00"West, 227.15 feet to the northwestemline of said parcel; thence along said northwestern line, North 31001 '01" East, 953.44 feet to the northwest comer of said Parcel; thence along the northern line of said Parcel, South 89020'13"East, 1866.04 feet to the Point of Beginning. Containing 66.4 Acres"' ~ o q- 2 3- .:tooB Date c:-~ ,A~ Charles Sellman L.S: 5186 Created on 6/12/2008 4: I I PM G:\Admin'Jobs-03\031006\Survey\New Deeds\GHAD A & H.doc Pfeiffer Ranch Investors II Inc City of Dublin County of Alameda Exhibit "B" Legal Description GRAD Parcel 2 Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of Lot "A3" as shown on the map entitled "Tract 7441" filed in Book 279 of Maps at Page 68, Records of the County of Alameda, State of California, described as follows: Beginning at an angle point on the northern line of said Lot, said point being the southwestern terminus of the course shown as "N34 049'0 I"E 576.18'''; thence, South 44022'05"West, 50.43 feet to a non-tangent curve to the right having a radial which bears South 32049'52" West, a radius of25.00 feet, a delta of 11032'13"; thence, northwesterly along said curve an arc length of 5.03 feet; thence North 45037'55"West, 48.12 feet to said northern line; thence along said northern line, South 89025'59"East, 73.60 to the Point of Beginning. Containing.03 Acres ot vc .5186 {)t1-13 -200 B Date Created on 9/23/2008 2:03 PM G:\AdminIJobs-03\031 006\Survey\New Deeds\GRAD parcel2.doc Pfeiffer Ranch Investors II Inc City of Dublin County of Alameda Exhibit "B" Legal Description GHAD Parcel 3 Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being Lot "A4" as shown on the map entitled "Tract 7441" filed in Book 279 of Maps at Page 68, Records of the County of Alameda, State of California, described as follows: Containing .01 Acres oJ: ~~ Charles Sellman LS. 5186 {J '1-2 ]-ZM8 Date Created on 9/23/20082:45 PM G:\Admin'Jobs-03\031006\Survey\New Deeds\GHAD parcel3.doc EXHIBIT C GHAD Boundary UN P.O.B. (PARCEl. 1) SOl 'f)4'JO"W "<: "<: ,... r u -0: '" r no: w ~ =:J ::r: " >- w ::r: o 02 GRAD PARCEL 2 (0.03olo ACRES) N32'W'52"6 R I ,Z I R=25.00' !F1I'J2'13" L=5.03' N89'25'59"W 73.60' N45'J755"W 48.12' 56471'16""'/ / 85.89' '7 GRAD PARCEL 3 (O.H ACRES) ~:;;;: 119.51" N21'29 \W 23.69' LEGEND P.0.8. POINT OF BEGINNING o 300 600 t=EEE3 I ( IN FEE'r ) 1 inch = 300 ft. EXHIBIT C PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR GRAD G~3\m1006'~ING\PLATS\GHAIl,<f,og ~/~ ID04S.JJAllf'DT ~ RUGGERI-JENSEN-AZAR ENGINEERS 0 PLANNERS'"SURVErORS 4690CHABOTDRI\If,SUITE~ PLE^SANTON.CA94588 PHONE: (925) 227_9100 FAX, ens) 127_9~OO ClT'f OF DUBUN, AI..Aw:EDA COUNT'!. CALIFORNIA SCALE: 1"...300' DA1E: 9- 23-08 JOB NO.: 031005 FALLON CROSSING GEOLOGIC HAZARD ABATEMENT DISTRICT PUBLIC HEARING NOTICE Pursuant to California Constitution Article XIIID and California Government Code 53753 **************************************************** Notice of Intent to Levy Assessments for the Fallon Crossing Geologic Hazard Abatement District City of Dublin, County of Alameda, California Pursuant to California Public Resources Code Section 26650 et seq. To the record owner of the property located in the City of Dublin, County of Alameda, Assessor's Parcel No. 985-0002-004 NOTICE IS HEREBY GIVEN IN ACCORDANCE WITH CALIFORNIA CONSTRUCTION ARTICLE XIIID, CALIFORNIA GOVERNMENT CODE SECTION 53753, CALIFORNIA PUBLIC RESOURCES CODE SECTION 26652, AND OTHER APPLICABLE LAW, THAT: On November 1, 2011, the Board of Directors of the Fallon Crossing Geologic Hazard Abatement District ("District") adopted Resolution No. _-11, initiating an assessment ballot proceeding and expressing the intent to levy an assessment on the parcels within the District. Accordingly, on December 20, 2011, at the hour of 7:00 p.m., in the City Council chambers located at 100 Civic Plaza, Dublin, California, 94568, the Board of Directors of the District ("Board") will hold a public hearing ("Hearing") on the proposed assessment levy. At the Hearing, any interested party may present written or oral testimony. The Board 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 the District, and the proposed District assessment ("Assessment"). In addition, the Board will consider and determine 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 the Fallon Crossing Geologic Hazard Abatement District are on file and available for inspection at the District Clerk's office. The current, total amount of the proposed annual Assessment chargeable to the parcel listed above is $105,470, which amount shall be adjusted annually pursuant to the percentage change in the December San Francisco-Oakland- San Jose Consumer Price Index for all Urban Consumers. If the parcel listed above is subdivided, each EXHIBIT C To the Resolution individual single family parcel or unit thereby created shall pay an Assessment not to exceed $995.00 per unit which amount shall be adjusted annually pursuant to the percentage change in the December San Francisco-Oakland- San Jose Consumer Price Index for all Urban Consumers. In the event that the index is no longer prepared by the Bureau, the GHAD Board shall establish a reasonable replacement index. 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 District improvements with Fallon Crossing as designated in the Plan of Control for the Fallon Crossing Geologic Hazard Abatement District on file with the District Clerk. The maximum amount of the Assessment per single family unit or parcel as specified above was calculated by dividing the estimated annual expenses for ongoing District operations in Fallon Crossing by the number of single family parcels or units (106) proposed for development within Fallon Crossing, as detailed in the Engineer's Report and the Plan of Control on file with the District Clerk. A ballot Jor use of the property owner specified above concerning the Assessment has been mailed to the property owner. 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 printing and signing their name, writing the date, and marking their support or opposition to the Assessment as indicated on the ballot. To be counted, the 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, CA or by mail at the same address. Ballots will be tabulated by the District Clerk or a designee following 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 to 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: November 2, 2011 By: District Clerk 1724967.1 FALLON CROSSING GEOLOGIC HAZARD ABATEMENT DISTRICT BALLOT INSTRUCTIONS AND BALLOT Pursuant to California Constitution Article XIIID and California Government Code 53753 **************************************************** Levy of Assessments for the Fallon Crossing Geologic Hazard Abatement District City of Dublin, County of Alameda, California 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 No. 985-0002-004. On Decernber 20, 2011, at the hour of 7:00 p.m., in the City Council Chambers located at 100 Civic Plaza, Dublin, California, 94568, the Board of Directors ("Board") of the Fallon Crossing Geologic Hazard Abatement District ("District") will hold a public hearing ("Hearing") regarding the proposed levy of an assessment upon the properties within the District. At the Hearing, any interested party may present written or oral testimony. The Board 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 the District, and the proposed District assessment ("Assessment"). In addition, the Board will consider and determine 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 the Fallon Crossing Geologic Hazard Abatement District are on file and available for inspection at the District Clerk's office. 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 the ballot by printing and signing their name, writing the date, and marking their support or opposition to the Assessment as indicated on the ballot. To be counted, the 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, CA or by mail at the same address. Ballots will be tabulated by the District Clerk or a designee following conclusion of the public testimony at the Hearing on the Assessment. Ballots may be submitted, changed, or withdrawn by 'EXHIBIT ;tL To the Resolution the person who completed the ballot before the conclusion of the public testimony at the Hearing on the Assessment. Ballots will be weighted according to 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. 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 public records and subject to disclosure. If you have any questions, please contact Mark Lander, City Engineer, at (925) 833-6635. ****************************************************** Fallon Crossing Geologic Hazard Abatement District Assessment Ballot Mark with an "x" or other mark Shall the Board of Directors of the Fallon Crossing Geologic Hazard Abatement District impose annual assessments on single family parcels or units within the District that shall not exceed $995.00 per unit or parcel beginning with the 2011-2012 fiscal year and shall said annual assessments be adjusted for inflation annually thereafter based upon the percentage change in the December 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 parcel listed above for fiscal year 2011-2012 shall not exceed $105,470. If subdivided, each individual parcel thereby created shall pay an annual Assessment not to exceed the rate specified above and described in the detail in the Engineer's Report. Printed Name: Signature: Date: RESOLUTION NO. _-11 RESOLUTION OF THE BOARD OF THE FALLON CROSSING GEOLOGIC HAZARD ABATEMENT DISTRICT ****************** APPOINTING THE MAYOR OF THE CITY OF DUBLIN AS THE PRESIDENT OF THE BOARD OF DIRECTORS, THE CITY CLERK OF THE CITY OF DUBLIN AS THE DISTRICT CLERK, THE CITY OF DUBLIN ADMINISTRATIVE SERVICES DIRECTOR AS THE DISTRICT TREASURER, THE CITY OF DUBLIN CITY MANAGER AS THE DISTRICT MANAGER, AND THE CITY OF DUBLIN CITY ENGINEER AS THE DISTRICT ENGINEER 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" ("the GHAD law"); and WHEREAS, on August 16, 2011, the City Council of the City of Dublin approved Resolution No. 147-11, which created the Fallon Crossing Geologic Hazard Abatement District ("District") with the Board of Directors to consist of the City Council of the City of Dublin; and WHEREAS, the GHAD law provides that the Board of Directors is to appoint a District Clerk and a District Treasurer, and Staff from the City of Dublin is capable of serving in these roles; and WHEREAS, the GHAD law permits the Board of Directors to appoint other officers of the District as may be appropriate, and City Staff has proposed that the Board of Directors appoint interim a District Manager and District Engineer; NOW, THEREFORE BE IT RESOLVED by the Board of Directors of the Fallon Crossing Geologic Hazard Abatement District that: Section 1. Appointment of President of the Board of Directors; Deleqation. The Board of Directors hereby appoints the Mayor of the City of Dublin as the President of the Board of Directors. The President shall chair meetings of the Board and may execute resolutions and other documents approved by the Board of Directors. Pursuant to Public Resources Code section 26586, the Board of Directors may delegate such other duties as it deems appropriate to the Board President. Section 2. Appointment of District Clerk. The Board of Directors hereby appoints the City Clerk of the City of Dublin as the District Clerk. The Clerk shall have such duties as are set forth in the GHAD law and as may from time to time be directed or delegated by the Board of Directors. Section 3. Appointment of District Treasurer. The Board of Directors hereby appoints the Administrative Services Director of the City of Dublin as the District Treasurer. The Treasurer shall have such duties as are set forth in the GHAD law and as may from time to time be directed or delegated by the Board of Directors. -' . 1 ATTACHMENT .3 Section 4. Appointment of District Manaqer. The Board of Directors hereby appoints the City Manager of the City of Dublin as the District Manager. The District Manager's duties shall include (a) managing and directing, on an every day basis, the GHAD operations and staff; (b) awarding and executing contracts, as may be approved by the Board, for repairs, maintenance and improvement projects, within the GHAD and for professional and support services; and (c) such other powers as may be delegated from time to time by the Board of Directors. Section 5. Appointment of District Enqineer. The Board of Directors hereby appoints the City Engineer of the City of Dublin as the District Engineer. The District Engineer's duties shall include the preparation of the reports referenced in Public Resources Code Section 26651 and other duties as may be assigned by the District Manager. Section 6. Certification The District Clerk shall certify the adoption of this Resolution. Section 7. 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: President ATTEST: District Clerk G:\GHAD\Fallon Crossings GHAD\assessment levy\Resolution Appointing Officers.doc 2