HomeMy WebLinkAboutItem 4.1 GHAD Fallon CrossSTAFF REPORT DISTRICT CLERK
FALCON CROSSING File #360-60
GEOLOGIC HAZARD
ABATEMENT DISTRICT
DATE: December 20, 2011
TO: Honorable President and Board of Directors
FROM: Joni Pattillo, GHAD District Manager ~ ~~~ ~~~~~
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SUBJECT: Resolution Confirming Assessment and Ordering Levy and Collection Thereof to
Pay for the Cost and Expenses of the Maintenance and Operations of
Improvements within the Fallon Crossing Geologic Hazard Abatement District
Prepared by Mark Lander, District Engineer
EXECUTIVE SUMMARY:
On November 1, 2011, the Board of Directors of the Fallon Crossing Geologic Hazard
Abatement District ("GHAD") adopted Resolution 1-11, expressing an intent to order an annual
assessment to pay for the cost and expenses of the maintenance and operations of
improvements within Fallon Crossing Geologic Hazard Abatement District ("Assessment"),
initiating an Assessment ballot proceeding and setting a public hearing on the Assessment for
December 20, 2011 ("Hearing"). The adoption of the attached Resolution would confirm the
Assessment and authorize the levy and collection thereof for the Fallon Crossing GHAD. If
approved, an Assessment will be levied and collected annually for District improvements and
activities that directly benefit the properties within the Fallon Crossing subdivision.
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 public hearing, deliberate and adopt
Resolution Confirming Assessment and Ordering Levy and Collection Thereof to Pay for the
Cost and Expenses of the Maintenance and Operations of Improvements within the Fallon
Crossing Geologic Hazard Abatement District.
Page 1 of 3 ITEM NO. 4.1
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Submitted By
District Engineer
DESCRIPTION:
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Reviewed By
District Treasurer
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 November 1, 2011, the Board of Directors of the Fallon Crossing Geologic Hazard
Abatement District ("GHAD") adopted Resolution 1-11, expressing an intent to order an annual
assessment to pay for the cost and expenses of the maintenance and operations of
improvements within Fallon Crossing Geologic Hazard Abatement District ("Assessment"),
initiating an Assessment ballot proceeding and setting a public hearing on the Assessment for
December 20, 2011 ("Hearing"). In compliance with Proposition 218 and the GHAD Law,
District staff thereafter mailed notices, balloting materials and instructions to each record owner
of a parcel within Fallon Crossing, announcing the date and time of the Hearing and procedures
for ballot tabulation.
The adoption of the attached Resolution would confirm the Assessment and authorize the levy
and collection thereof for the Fallon Crossing GHAD. If approved, an Assessment will be levied
and collected annually for District improvements and activities that directly benefit the properties
within the Fallon Crossing subdivision. The annual assessments, if confirmed by the Board of
Directors, will generate $995 per detached single family residence within the District, adjusted
annually based upon the percentage change in the San Francisco-Oakland-San Jose Consumer
Price Index for All Urban Consumers plus 0.5 percent.
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 owners of at least ten percent
(10%) of the real property to be included within the proposed district.
In order to defray the costs and expenses of maintaining and operating the GHAD
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
is necessary to provide a reliable funding mechanism for the operation and maintenance of
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") was prepared by a registered
professional engineer certified by the State of California. The Engineer's Report separates the
special benefits provided by the GHAD to property within Fallon Crossing from general benefits
Page 2 of 3
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.
On November 1, 2011, the Board of Directors adopted Resolution 1-11, expressing the intent to
order an annual Assessment for GHAD activities within Fallon Crossing initiating an Assessment
ballot proceeding and setting a Hearing on the Assessment for December 20, 2011. District
staff thereafter mailed notices, balloting materials and instructions to each record owner of a
parcel within Fallon Crossing, announcing the date and time of the Hearing and procedures for
ballot tabulation.
Upon the conclusion of the Hearing, the Board of Directors must determine whether a majority
protest exists in accordance with Government Code Section 53753. When the assessment
ballots are tabulated, they will be weighted according to the proportional financial obligation of
each affected property. If a majority protest exists, the proceedings related to the levy and
collection of the Assessment must be abandoned.
If the Board of Directors determines that a majority protest does not exist at the conclusion of
the Hearing, the attached resolution confirming the Assessment and ordering the levy and
collection thereof for Fallon Crossing may be adopted. The resolution directs the Clerk of the
Fallon Crossing GHAD to record a notice of assessment.
Upon adoption of the attached resolution and recordation of the notice of assessment, the
Assessment will be payable at the same time and in the same manner as general taxes on real
property within the GHAD.
The adoption of the attached resolution is the final action required by the Board of Directors to
levy the Assessment in Fallon Crossing.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
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 November 1, 2011, the Board of Directors of the Fallon Crossing GHAD adopted Resolution
1-11, expressing an intent to order an annual assessment and initiated the required Assessment
ballot proceeding and set a public hearing. In compliance with Proposition 218 and the GHAD
Law, District staff thereafter mailed notices, balloting materials and instructions to each record
owner of a parcel within Fallon Crossing, announcing the date and time of the Hearing and
procedures for ballot tabulation.
ATTACHMENTS: 1. Location Map
2. Resolution Confirming Assessment and Ordering
levy and Collection Thereof to Pay for the Cost and
Expenses of the Maintenance and Operations of
Improvements within the Fallon Crossing Geologic
Hazard Abatement District
Page 3 of 3
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ATTACHMENT /
RESOLUTION NO. -11
RESOLUTION OF THE BOARD OF THE FALCON CROSSING GEOLOGIC HAZARD
ABATEMENT DISTRICT
*********************************************
CONFIRMING THE ASSESSMENT AND ORDERING THE LEVY AND COLLECTION
THEREOF TO PAY FOR THE COST AND EXPENSES OF THE MAINTENANCE AND
OPERATIONS OF IMPROVEMENTS WITHIN THE FALCON 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 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, on November 1, 2011, the Board of Directors of the District adopted
Resolution No. 1-11 expressing an intent to order an annual assessment for the cost and
expenses of the maintenance and operation of the improvements within the Fallon
Crossing Geologic Hazard Abatement District ("Assessment"), initiating an Assessment
ballot proceeding and setting a public hearing on the Assessment ("Hearing")for
December 20, 2011; and
WHEREAS, District staff mailed notices, balloting materials and instructions to each
record owner of a parcel within Fallon Crossing on November 4, 2011, announcing that
ballots would be canvassed and a Hearing conducted on December 20, 2011 on the levy
and collection of the Assessment; and
WHEREAS, the Hearing was conducted on December 20, 2011, in accordance with
the requirements of California Constitution Article XIID, Public Resources Code Sections
26650 et seq., Government Code Section 53753 and other applicable law; and
WHEREAS, upon the conclusion of the Hearing, the Board of Directors of the
District determined that a majority protest did not exist pursuant to Public Resources Code
Section 26653 and Government Code Section 53753; and
WHEREAS, applicable law provides that if a majority protest has not been filed,
after the Hearing the Board of Directors may adopt a resolution confirming the Assessment
and ordering the levy and collection thereof.
NOW, THEREFORE BE IT RESOLVED, by the Board of Directors of the Fallon Crossing
Geologic Hazard Abatement District that:
Section 1. Findinas and Determinations
Item 4.1 Attach 2 Fallon Crossing CHAD
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 confirms the Assessment and orders the annual
levy and collection thereof. The District shall assess against the properties
within Fallon Crossing, for the 2012-2013 fiscal year and for subsequent years,
the assessment amounts apportioned in accordance with the engineer's report,
on file with the District Clerk, adjusted for inflation annually to reflect the
percentage change in the San Francisco-Oakland-San Jose Consumer Price
Index for All Urban Consumers as of the preceding December.
2. The engineer's report and the Plan of Control for Fallon Crossing Geologic
Hazard Abatement District shall be available for public inspection at the District
Clerk's office.
3. The District Clerk is hereby directed to record a notice of assessment, as
provided for in Section 3114 of the California Streets and Highways Code,
whereupon the Assessment shall attach as a lien upon the properties, as
provided for in Section 3115 of the Streets and Highways Code.
4. The Assessment shall be payable at the same time and in the same manner as
general taxes on real property within the District are payable.
5. All funds generated by the Assessment, and all interest earned on the
Assessment, shall be segregated and deposited in a separate account for the
exclusive benefit of the relevant parcels within the District.
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 20t" day of December, 2011, by the following
vote:
AYES:
NAYS:
ABSTAINED:
Item 4.1 Attach 2 Fallon Crossing CHAD
ABSENT:
ATTEST:
District Clerk
President
Item 4.1 Attach 2 Fallon Crossing CHAD