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Home My WebLink AboutItem 4.3 GHAD FV Appoint Board STAFF REPORT DISTRICT CLERK File #610-30 FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT DATE:July 16, 2013 TO: Honorable President and Board of Directors FROM: Joni Pattillo, City of Dublin City Manager SUBJECT: Appointment of District Manager, District Clerk, District Treasurer, and District Engineer Prepared by Andrew Russell, Dublin City Engineer EXECUTIVE SUMMARY: Construction of the Fallon Village development is nearing completion and permanent Geologic Hazard Abatement District officers are needed. Staff recommends that the Board appoint permanent District officers. FINANCIAL IMPACT: The services of the District Manager, District Clerk, District Treasurer, and District Engineer will be financed by the District assessment. District staff will establish and report to the Board on mechanisms and accounting practices so that the cost of District staff time is paid for by the District assessment and not the City of Dublin General Fund. RECOMMENDATION: Staff recommends that the Board adopt the Resolution appointing the Dublin City Manager as the District Manager, the Dublin City Clerk as the District Clerk, the Dublin Administrative Services Director as the District Treasurer, and the Dublin City Engineer as the District Engineer. Submitted By Submitted By Reviewed By Interim District Manager Interim District Treasurer Assistant City Manager DESCRIPTION: The Fallon Village Geologic Hazard Abatement District (District) was approved and formed by the Dublin City Council on December 4, 2007. The Dublin City Council sits as the Board of Directors of the District, and the Mayor of Dublin serves as the Board President. The District will own property within the Fallon Village development and the District will maintain and operate various improvements designated in the Fallon Village Ranch Plan of Control. ITEM NO. 4.3 Page 1 of 2 Construction of the Fallon Village development is nearing completion and staff anticipates that the developer, Braddock and Logan, will be requesting final inspection of the District improvements this fall or winter. It is anticipated that the property will be ready for Board acceptance in late 2013 or early 2014. Until then the developer owns the property and is responsible for maintenance and operation in accordance with the Plan of Control. On December 18, 2007, the Board appointed the Dublin Public Works Director as the interim District Manager, the Dublin City Clerk as the interim District Clerk, the Dublin Administrative Services Director as the interim District Treasurer, and Eric Harrell of Engeo, Inc., as the interim District Engineer. Engeo, Inc. is the developer’s geologic and geotechnical consultant and Eric Harrell prepared the Plan of Control and the Engineer’s Report for the District. In December 2007, staff anticipated that an independent District Manager, separate from City of Dublin staff, would be recommended when the District accepts and begins operating and maintaining the District improvements. The primary benefit of having non-City employees as District Manager and staff is that it increases the separation and independence of the District from the City. However, having City of Dublin staff serve as District staff can be more efficient because of accumulated knowledge about the facilities, services, and standards. On balance, staff now recommends that the Board appoint City of Dublin staff as permanent District Officers. Staff believes that by applying appropriate and rigorous practices to maintain separate records, finances, and Board documents, an appropriate and legal separation between the City and District can be maintained. Staff recommends the following appointments: District Officer Title Interim Incumbent Recommended Appointment Manager Public Works Director City Manager Clerk City Clerk City Clerk Treasurer Administrative Services Director Administrative Services Director Engineer Eric Harrell, Engeo, Inc. City Engineer The recommended appointments of City of Dublin staff to these District positions will make the staffing of the District identical to that of the Fallon Crossing Geologic Hazard Abatement District (Fallon Crossing GHAD). The Fallon Crossing GHAD Board appointed these positions in November 2011. District Counsel: The District appointed Adam U. Lindgren of Meyers, Nave, Riback, Silver & Wilson (“Meyers Nave”) as District Counsel on July 17, 2012. Staff does not propose any changes to District Counsel. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None required. ATTACHMENTS: 1. Resolution appointing the Dublin City Manager as the District Manager, the Dublin City Clerk as the District Clerk, the Dublin Administrative Services Director as the District Treasurer, and the Dublin City Engineer as the District Engineer Page 2 of 2 FALLON VILLAGE GHAD RESOLUTION NO. __ - 13 A RESOLUTION OF THE BOARD OF THE FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT * * * * * * * * * APPOINTING THE DUBLIN CITY MANAGER AS THE DISTRICT MANAGER, THE DUBLIN CITY CLERK AS THE DISTRICT CLERK, THE DUBLIN ADMINISTRATIVE SERVICES DIRECTOR AS THE DISTRICT TREASURER, THE 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 , the GHAD law permits the Board of Directors to appoint a District Manager, District Clerk, District Treasurer, District Engineer, and other officers of the District as may be appropriate; and WHEREAS , on December 18, 2007, the Board of the Fallon Village Geologic Hazard Abatement District approved Resolution 1-07, which appointed the interim District Manager, interim District Clerk, interim District Treasurer, and interim District Engineer; and WHEREAS , on July 17, 2012, the Board of the Fallon Village Geologic Hazard Abatement District approved Resolution 2-12, which appointed Adam U. Lindgren as District Counsel. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Fallon Village Geologic Hazard Abatement District hereby appoints the Dublin City Manager as the District Manager. The District Manager’s duties shall include (a) managing and directing, on an everyday basis, the GHAD operations and staff, (b) awarding and executing contracts, as may be approved by the Board of Directors, 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. BE IT FURTHER RESOLVED that the District Manager shall be authorized to make, without Board approval, any expenditures on behalf of the Board that are (a) less than $100,000, and (b) consistent with the approved District budget, and (c) consistent with the Plan of Control. BE IT FURTHER RESOLVED that the Board of Directors hereby appoints the Dublin City Clerk as the District Clerk. The District Clerk shall have such duties as are set forth in the GHAD law and duties as may from time to time be directed or delegated by the District Manager. BE IT FURTHER RESOLVED that the Board of Directors hereby appoints the Dublin Administrative Services Director as the District Treasurer. The District Treasurer shall have such duties as are set forth in the GHAD law and duties as may from time to time be directed or delegated by the District Manager. BE IT FURTHER RESOLVED that the Board of Directors hereby appoints the Dublin City Engineer as the District Engineer. The District Engineer’s duties shall include preparing, or directing the preparation of, reports referenced in Public Resources Code Section 26651 and duties as may from time to time be directed or delegated by the District Manager. BE IT FURTHER RESOLVED that the District Clerk shall certify the adoption of this Resolution. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon adoption. th PASSED, APPROVED AND ADOPTED this 16 day of July, 2013, by the following vote: AYES : NOES : ABSENT : ABSTAIN : _____________________________________ Board President ATTEST : _______________________________________ District Clerk