HomeMy WebLinkAboutItem 4.1 Fallon Vlg GHAD JR AnnexSTAFF REPORT DISTRICT CLERK
FALCON VILLAGE File #360-60
GEOLOGIC HAZARD
ABATEMENT DISTRICT
DATE: December 20, 2011
TO: Honorable President and Board of Directors
FROM: Joni Pattillo, City Manager, City of Dublir ~ ~~
~, ~~
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 Jordan Ranch Annexation to the Fallon Village Geologic
Hazard Abatement District
Prepared by Mark Lander, City Engineer for the City of Dublin
EXECUTIVE SUMMARY:
On November 1, 2011, the Board of Directors of the Fallon Village Geologic Hazard Abatement
District ("GHAD") adopted Resolution 3-11, expressing an intent to order an annual assessment
to pay for the cost and expenses of the maintenance and operations of improvements within the
Jordan Ranch Annexation to the Fallon Village 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 proposed Resolution
would confirm the Assessment and authorize the levy and collection thereof for the Jordan
Ranch Annexation to the Fallon Village GHA
collected annually for District improvements
within the Jordan Ranch Annexation.
FINANCIAL IMPACT:
D. If approved, an Assessment will be levied and
and activities that directly benefit the properties
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
defines different assessment needs 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 annually.
RECOMMENDATION:
It is recommended that the Board of Directors conduct public hearing, deliberate, and adopt the
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 Jordan
Ranch Annexation to the Fallon Village Geologic Hazard Abatement District.
Page 1 of 3 ITEM NO. 4.1
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Reviewed By
Interim District Treasurer
DESCRIPTION:
r
Reviewed By
Interim District Manager
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 Village Geologic Hazard Abatement
District ("GHAD") adopted Resolution 3-11, expressing an intent to order an annual assessment
to pay for the cost and expenses of the maintenance and operations of improvements within the
Jordan Ranch Annexation to the Fallon Village 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 the Jordan Ranch Annexation, 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 Jordan Ranch Annexation to the Fallon Village GHAD. If
approved, an Assessment will be levied and collected annually for District improvements and
activities that directly benefit the properties within the Jordan Ranch subdivision. The annual
assessments, if confirmed by the Board of Directors, will generate $541 per 5,200 square-foot
single-family lot within the District (with the assessment pro-rated for smaller or attached
residential units), and $0.055 per square foot of habitable non-residential space within the
Jordan Ranch Annexation to the District. The assessment is adjusted annually based upon the
percentage change in the San Francisco-Oakland-San Jose Consumer Price Index for All Urban
Consumers.
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 Jordan Ranch, as designated in the Plan of Control for the Jordan Ranch
Annexation to the Fallon Village 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.
Page 2 of 3
An engineer's report for Jordan Ranch Annexation ("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 the Jordan Ranch
Annexation 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 the Jordan Ranch Annexation, and provides a description of the
method used in formulating the assessments.
On November 1, 2011, the Board of Directors adopted Resolution 3-11, expressing the intent to
order an annual Assessment for GHAD activities within the Jordan Ranch Annexation 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 the Jordan Ranch Annexation, 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 the Jordan Ranch Annexation may be adopted. The resolution directs the
Clerk of the Fallon Village 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 first assessment for each unit will not occur until a building
permit is issued for the property. Assessments can only be added to the tax roll once per year
and the data is required to be submitted to the County Tax Collector in August of each year.
The adoption of the attached resolution is the final action required by the Board of Directors to
levy the Assessment in the Jordan Ranch Annexation.
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 Confirming Assessment and ordering Levy and
Collection Thereof to Pay for the Cost and Expenses of the
Maintenance and Operations of Improvements within the Jordan
Ranch Annexation to the Fallon Village Geologic Hazard Abatement
District
Page 3 of 3
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RESOLUTION NO. -11
RESOLUTION OF THE BOARD OF THE FALCON VILLAGE 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 JORDAN RANCH ANNEXATION TO
THE FALCON VILLAGE 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") adopted Resolution No. 2-11 which annexed the
Jordan Ranch development to the District; and
WHEREAS, on November 1, 2011, the Board of Directors of the District adopted
Resolution No. 3-11 expressing an intent to order an annual assessment for the cost and
expenses of the maintenance and operation of the improvements within the Jordan Ranch
Annexation to the Fallon Village 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 the Jordan Ranch Annexation 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 Village
Geologic Hazard Abatement District that:
Item 4.1 Attachment 2 Fallon Vlg CHAD
Section 1. Findings 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 confirms the Assessment and orders the annual
levy and collection thereof. The District shall assess against the properties
within the Jordan Ranch Annexation, 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 the Jordan Ranch Annexation
to the Fallon Village 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:
Item 4.1 Attachment 2 Fallon Vlg CHAD
ABSTAINED:
ABSENT:
President
ATTEST:
District Clerk
Item 4.1 Attachment 2 Fallon Vlg CHAD