HomeMy WebLinkAboutItem 6.1 - 1498 Initiating Assessment Ballot Proceeding int
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STAFF REPORT
GEOLOGIC HAZARD ABATEMENT DISTRICT
DATE: June 20, 2017
TO: Honorable President and Board of Directors
FROM:
Christopher L. Foss, GHAD District Manager
SUBJECT:
Resolution Initiating Assessment Ballot Proceedings and Expressing Intent
to Order an Assessment to Pay for the Cost and Expenses of the
Maintenance and Operations of the Improvements within the Tassajara
Hills Development Annexation of the Fallon Crossing Geologic Hazard
Abatement District (GHAD)
Prepared by: Laurie Sucgang, Senior Civil Engineer, City of Dublin
EXECUTIVE SUMMARY:
The Board will consider adopting a Resolution initiating an assessment ballot
proceeding for the Tassajara Hills Development annexation into the Fallon Crossing
Geologic Hazard Abatement District (GHAD). If approved, a new assessment zone will
be created to pay for GHAD activities in the Tassajara Hills Development.
STAFF RECOMMENDATION:
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 Tassajara Hills Annexation of the Fallon
Crossing Geologic Hazard Abatement District.
FINANCIAL IMPACT:
Currently, revenue to fund the Fallon Crossing Geologic Hazard Abatement District (the
GHAD) is generated through assessments on 106 residential lots within Chateau at
Fallon Crossing development by CalAtlantic. The GHAD does not currently have a
source of revenues to finance activities related to the area within Tassajara Hills
development (formerly Moller Ranch) by Toll Brothers . Therefore, an assessment
applicable to the Tassajara Hills area needs to be developed and implemented. The
funds levied on the Tassajara Hills property will pay for the ongoing maintenance and
operation of improvements within this portion of the GHAD, as well as contributing to
the overall GHAD reserves.
DESCRIPTION:
On June 6, 2017, the Fallon Crossing GHAD Board of Directors adopted a Resolution
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ordering the annexation of the Tassajara Hills development into the GHAD. The
boundaries of the territory annexed to the GHAD and the boundaries of the Tassajara
Hills development are the same. The GHAD will be responsible for the activities
outlined in the Tassajara Hills 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 GHAD activities within the
Tassajara Hills development. To establish a funding mechanism, the Board of Directors
will go through a process to establish assessments based on an Engineer’s Report. The
first assessment does not occur until the first fiscal year after 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
Assessor’s Office in August of each year.
The adoption of the attached Resolution would initiate an assessment ballot proceeding
for the Tassajara Hills development area. If approved, a new assessment zone will be
created to pay for GHAD activities in th at area, via annual assessments that will
generate $1,200 per single-family residential unit. The assessments would be adjusted
annually based on the percentage change in the San Francisco -Oakland-San Jose
Consumer Price Index for All Urban Consumers plus 0.5 percent. Properties would be
assessed only after a building permit is issued for construction of a structure.
Analysis
California Public Resources Code, Section 26581, provides that, once a GHAD has
been formed, it may annex territory utilizing the procedures for formation of a GHAD.
California Public Resources Code Section 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 May 16, 2017, the Board of Directors was presented with a Petition for the
annexation of Tassajara Hills into the GHAD. The Board adopted the Resolution
accepting the Petition and setting a Public Hearing on the annexation. Notice of the
Hearing was given pursuant to the provisions of Public Resources Code Sections 26564
through 26566.
On June 6, 2017, the Public Hearing was held on the annexation of Tassajara Hills. A t
the Hearing, the owners of more than 50 percent of the assessed valuation of property
within the territory did not object to the annexation and the Board of Directors thereafter
adopted a Resolution approving the annexation of Tassajara Hills.
To provide for the costs and expenses of maintaining and operating the Tassajara Hills
improvements within the GHAD, as designated in the Tassajara Hills 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.
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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 subj ect
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 assesse d from the
general benefits to the public at large.
An Engineer's Report for the Annexation of the Tassajara Hills Development into the
Fallon Crossing Geologic Hazard Abatement District (Engineer's Report) has been
prepared by Uri Eliahu, of ENGEO, Inc. The Engineer's Report separates the special
benefits provided by the GHAD to property within Tassajara Hills from the general
benefits conferred on the public at large, identifies the specially benefited parcels, sets
forth the estimated budget, calculates the total assessment to be levied against each
parcel of property, and provides a description of the method used in formulating the
assessments.
Notice and balloting materials will be mailed at least 45 days before the date and
location set for a public hearing on the proposed assessment (Assessment Hearing).
The notice will 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 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 proposed Resolution sets the hearing for
7:00 p.m. on Tuesday, August 15, 2017.
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 Tassajara Hills.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report was provided to Toll CA VIII, L.P., owner of the Tassajara
Hills development.
ATTACHMENTS:
1. Location Map - Tassajara Hills Development
2. Resolution - Initiating an Assessment Ballot Proceeding and Expressing Intent to
Order an Assessment to Pay for the Cost and Expense of the Maintenance and
Operations
3. Exhibit A to Resolution - Boundary of Property
4. Exhibit B to Resolution - Engineer's Report
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5. Exhibit C to Resolution - Notice of Adoption of Resolution
6. Exhibit D to Resolution - Assessement Ballot and Ballot Instructions
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FALLON CROSSING GHAD RESOLUTION NO. XX - 17
RESOLUTION OF THE BOARD OF DIRECTORS 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 THE
MAINTENANCE AND OPERATIONS OF IMPROVEMENTS WITHIN THE TASSAJARA HILLS
ANNEXATION 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 June 6, 2017, the Board of Directors of the Fallon Crossing Geologic
Hazard Abatement District ("District") approved Resolution No. 3-17 which annexed the
Tassajara Hills development ("Tassajara Hills") into the Fallon Crossing Geologic Hazard
Abatement; and
WHEREAS, the property within Tassajara Hills is identified in the map attached as
Exhibit A, and the parcel to be assessed is identified by an assessor's parcel number; and
WHEREAS, in order to defray the costs and expenses of maintaining and operating the
District improvements within Tassajara Hills, as designated in the Plan of Control for the Fallon
Crossing Geologic Hazard Abatement District Tassajara Hills Development Annexation ("Plan of
Control") on file with the District Clerk, it will be necessary to provi de 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 upo n 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 21 8), 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 a s specified in Section 53753 to
each record owner of a parcel subject to the proposed assessment at le ast 45 days prior to a
public hearing on the levy of the assessment; and
WHEREAS, an Engineer's Report for Tassajara Hills, attached as Exhibit B ("Engineer's
Report"), has been prepared by a registered professional eng ineer certified by the State of
California; and
WHEREAS, the Engineer's Report separates the special benefits provided by the District
to property within Tassajara Hills from general benefits conferred on the public at large,
identifies the specially benefited parcels, and sets forth the estimated bud get, the total
assessment to be levied against each parcel of property within Tassajara Hills, and provides a
description of the method used in formulating the assessments; and
WHEREAS, the levy of an assessment for District activities within Tassajara Hills is in the
best interests of the citizens of Dublin.
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NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Fallon Crossing
Geologic Hazard Abatement District that:
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 declares its intention, consistent with the require ments
of Public Resources Code Sections 26650 et seq., Article XI IID 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 Tassajara Hills which is benefited by the
District.
2. The Board of Directors further declares its intention to assess against the property
within Tassajara Hills, for the 2017-2018 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 – All
Urban Consumers for the month of December plus one -half percent (0.5%). The first adjustment
shall occur based on the December 2017 index.
4. Each year the adjusted rate described in Section 3 s hall 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 2017
adjusted rates are used for Fiscal Year 2017-2018 levies; December 2018 adjusted rates are
used for Fiscal Year 2018-2019 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 Di strict's activities include (a)
monitoring, repair and maintenance of natural and excavated slopes and surfa ce 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 Distric t Clerk.
7. The Board of Directors has reviewed and approves 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
District is proportional to and no greater than the reasonab le cost of the special benefits
conferred. The assessment does n ot exceed the reasonable cost of the proportional special
benefit conferred.
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8. Notice is hereby given of a public hearing ("Hearing ") on August 15, 2017, at the hour
of 7:00p.m., at 100 Civic Plaza, Dublin, CA 94568. The Hea ring will be on the question of the
levy and collection of the District assessment for Tassajara Hills ("Assessment") for the 2017-
2018 fiscal year, and for each future year based upon the percen tage change in the San
Francisco-Oakland-San Jose Consumer Price Index – All Urban Consumers plus one-half
percent (0.5%). 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 the record owner of the parcel within Tassajara
Hills announcing that ballots will be canvassed and a hearing conducted on August 15, 2017,
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 District Engineer, 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 Tassajara Hills, 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, APPROVED AND ADOPTED this 20th day of June, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
President
ATTEST:
_________________________________
District Clerk
EXHIBIT "B"
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE LAND AS DESCRIBED IN THE DEED TO RICHEY TRUST, ET AL, RECORDED ON
NOVEMBER 09, 2001 IN DOCUMENT NUMBER 2001440482, OFFICIAL RECORDS OF ALAMEDA COUNTY,
LYING SOUTH OF THE ALAMEDA AND CONTRA COSTA COUNTY LINE, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 21, TOWNSHIP 2 SOUTH, RANGE 1 EAST,
MOUNT DIABLO BASE AND MERIDIAN; THENCE ALONG THE SOUTHERN LINE OF SAID SECTION 21,
NORTH 89°20'13" WEST, 1866.14 FEET TO THE MOST EASTERN CORNER OF SAID PARCEL 2; THENCE
LEAVING SAID SOUTHERN LINE AND ALONG THE SOUTHEASTERN LINE OF SAID PARCEL 2, SOUTH
31°01'01" WEST, 953.28 FEET; THENCE SOUTH 33°22'51" WEST, 92.98 FEET TO THE EASTERLY LINE OF
COUNTY ROAD NO. 2568 (TASSAJARA ROAD); THENCE LEAVING SAID SOUTHEASTERN LINE, ALONG
SAID CENTER LINE NORTH 13°02'45" WEST, 165.79 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF
833.00 FEET, A DELTA OF 26°03'30"; THENCE ALONG SAID CURVE AN ARC LENGTH OF 378.85 FEET;
THENCE NORTH 39°06'15" WEST, 637.44 FEET TO A CURVE TO THE RIGHT HAVING A RADIUS OF
767.00 FEET, A DELTA OF 45°10'30"; THENCE ALONG SAID CURVE AN ARC LENGTH OF 604.74 FEET;
THENCE NORTH 06°04'15" EAST, 99.53 FEET TO THE ALAMEDA/CONTRA COSTA COUNTY LINE; THENCE
ALONG SAID COUNTY LINE, NORTH 73°50'31" EAST, 6067.92 FEET; THENCE LEAVING SAID COUNTY LINE,
SOUTH 01°07'46" WEST, 2503.12 FEET TO THE SOUTHERN LINE OF SECTION 22, TOWNSHIP 2 SOUTH,
RANGE 1 EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE ALONG LAST SAID LINE, NORTH
89°20'57" WEST, 2609.11 FEET TO THE POINT OF BEGINNING.
APN.: 985-0001-001-01
END OF DESCRIPTION
ENGINEER’S REPORT
FALLON CROSSING
GEOLOGIC HAZARD ABATEMENT DISTRICT
TASSAJARA HILLS DEVELOPMENT
DUBLIN, CALIFORNIA
Prepared by:
ENGEO Incorporated
May 30, 2017
Project No:
5661.002.000
5661.002.000
May 30, 2017
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 IMPROVEMENTS MAINTAINED BY THE GHAD ..................4
VI. ASSESSMENT METHOD ..................................................................................................5
VII. ASSESSMENT- BUDGET ..................................................................................................6
VIII. DEVELOPER RESPONSIBILITIES ................................................................................6
EXHIBIT A – Legal Description and Plat
EXHIBIT B – Fallon Crossing GHAD Budget – Tassajara Hills Development
EXHIBIT C – 10-year GHAD Budget
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ENGINEER’S REPORT
Fallon Crossing
GEOLOGIC HAZARD ABATEMENT DISTRICT
TASSAJARA HILLS DEVELOPMENT ANNEXATION
(Pursuant to the Public Resources Code of the State of California, Section 26500 et seq.)
CERTIFICATION OF FILING
The Geologic Hazard Abatement District (“GHAD”) provides monitoring and maintenance of
improvements related to geologic hazard management and other responsibilities as a landowner,
within the Tassajara Hills Development portion of the Fallon Crossing GHAD and levies, and
collects assessments in order to perform its activities.
The improvements, which are the subject of this report, are defined as any activity necessary or
incidental to the prevention, mitigation, abatement, or control of a geologic hazard, construction,
maintenance, repair, or operation of improvement; or the issuance and servicing of bonds issued
to finance any of the foregoing (Section 26505).
This report consists of eight parts, as follows:
I. INTRODUCTION
II. BACKGROUND
III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES
IV. SERVICE LEVELS
V. DESCRIPTION OF GHAD MAINTAINED IMPROVEMENTS
VI. ASSESSMENT METHOD
VII. ASSESSMENT LIMIT - BUDGET PROJECTION
VIII. DEVELOPER RESPONSIBILITIES
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May 30, 2017 -2-
The undersigned respectfully submits the enclosed Engineer’s Report.
Date: May 30, 2017 By: ENGEO Incorporated
_________________________________________, GE
Uri Eliahu
I HEREBY CERTIFY that the enclosed Engineer’s Report was approved and confirmed by the
GHAD Board on the __ day of ________ 2017.
_________________________________________
David Haubert
Chair of the Board
Fallon Crossing Geologic Hazard Abatement District
Dublin, California
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ENGINEER’S REPORT
for
FALLON CROSSING GEOLOGIC HAZARD ABATEMENT DISTRICT
TASSAJARA HILLS DEVELOPMENT
DUBLIN, CALIFORNIA
for the
ESTABLISHMENT OF AN ASSESSMENT LIMIT
I. INTRODUCTION
The Dublin City Council formed the Fallon Crossing Geologic Hazard Abatement District
(“GHAD” or “District”) on August 16, 2011, with approval of Resolution 147-11, under
authority of the California Public Resources Code (Division 17, commencing with
Section 26500). Included within the District were 106 single-family residences and adjacent
open spaces within the Fallon Crossing development (Tract 7617). The Dublin City Council
members act as the Board of Directors of the Fallon Crossing GHAD.
II. BACKGROUND
The developer of the Tassajara Hills development (“Site”) previously prepared the Fallon
Crossing GHAD Plan of Control (“Plan of Control”) for the Tassajara Hills Development under
separate cover. The Plan of Control describes the GHAD’s responsibilities to permanently
monitor and maintain GHAD improvements within the Site. This Engineer’s Report describes
the establishment of an assessment level to fund GHAD activities necessary or incidental to
geologic hazard mitigation, abatement and control.
III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES
The boundaries for the GHAD Annexation Area are shown in the legal description and plat
attached hereto as Exhibit A.
IV. SERVICE LEVELS
The GHAD’s activities are those that are necessary or incidental to the prevention, mitigation,
abatement, or control of geologic hazards including construction, maintenance, repair, or
operation of any improvement; and the issuance and servicing of bonds issued to finance any of
the foregoing.
The GHAD provides for the administration and review of facilities within the budgeted limits,
including the following services:
1. Oversight of GHAD operations, including reporting to the GHAD Board of Directors.
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2. In conjunction with the County Assessor’s Office, setting the annual levying of assessments
on the property tax rolls.
3. Engagement of technical professionals to perform the monitoring duties as described in the
Plan of Control.
4. Performance of GHAD maintenance activities in accordance with the Plan of Control. These
maintenance activities and areas include:
Developer or GHAD-constructed retaining walls, including repair if structural integrity of
a wall or adjacent structure(s) is threatened
Water detention, bioretention cells, and vegetated bio-swales facility maintenance,
including access road
Slopes
Debris benches
Emergency vehicle access (EVA) and maintenance roads
Lined and unlined drainage ditches in developed areas and open space
Vegetation control within open space
Storm drain system improvements
Subdrains and subdrain outlets
Fuel management for fire suppression
Fencing
Mitigation swales
Slope and subdrain maintenance within GHAD easements.
5. The GHAD will also have maintenance, monitoring and repair responsibilities for slopes,
which will include natural, reconstructed or partially reconstructed landslides.
6. Preparation of annual GHAD budgets for approval by the GHAD Board of Directors.
V. DESCRIPTION OF IMPROVEMENTS MAINTAINED BY THE GHAD
The GHAD-maintained improvements are described in the Plan of Control. In general, these
improvements include water quality facilities; drainage systems, including lined and unlined
ditches in developed areas and open space; open-space storm drain inlets and outlets; subdrains
and outlets; retaining walls; access roadways; and habitat features.
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VI. ASSESSMENT METHOD
The improvements and GHAD responsibilities described in Section V are distributed within the
GHAD Annexation Area. The improvements described in this document will confer the
following special benefits to the assessed parcels:
1. Protection from slope instability.
2. Protection from erosion due to uncontrolled surface water.
3. Protection of water quality.
4. Protection from wild land fires associated with unmanaged vegetation.
5. Protection of habitat features within the deed restricted parcels.
The GHAD assessment is distributed among all residential property owners within the GHAD
Annexation Area. The improvements and responsibilities listed in Section V provide specific
benefits to the properties within the GHAD Annexation Area and the improvements are
constructed for the benefit of those assessed and not the general public.
As listed above and in Section 2.3 of the Plan of Control, the GHAD will monitor and maintain
drainage facilities on the adjacent parcel. Although this area is outside the GHAD boundary, the
maintenance of these facilities (including drainage pipes, slopes and mitigation swales, storm
drains, and concrete-lined drainage ditches) is necessary to reduce the potential for uncontrolled
stormwater infiltration, erosion, and other potential geologic hazards that could affect properties
and improvements within the GHAD Annexation Area.
Single-family residential lots are assessed as one unit. The Site consists of 370 single-family
residences. The total number of residential units within the Site was considered in light of the
annual GHAD Annexation Area budget in developing the annual assessment amount. The
Engineer hereby finds that residential properties within the GHAD Annexation Area receive
substantially equal special benefit.
A financial analysis was performed to provide a framework for an operating budget for the
on-going abatement, mitigation, prevention and control of geologic hazards within the GHAD
Annexation Area. In preparation of the budget, several factors were considered including:
Site geology
Remedial grading
Proximity of geologic hazards to proposed residences
Improvements or structures
Site access considerations
Elements Requiring Routine Maintenance, including:
1. Surface Drainage Facilities
2. Graded Slopes
3. Retaining Walls
4. Detention Basin Facilities
5. Fire Breaks
6. Habitat Features
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VII. ASSESSMENT- BUDGET
The purpose of this Engineer’s Report is to establish the assessment level and the apportionment
of the assessment within the GHAD Annexation Area as required under Proposition 218. The
annual budget in each subsequent fiscal year will apprise the GHAD Board of Directors of the
estimated budget for the upcoming year.
Based on the estimated expenses for on-going operations, and allowing for larger
(approximately $1,100,000, adjusted in subsequent years for inflation) geologic events at 10-year
intervals, a budget was prepared for the purpose of estimating initial assessment levels
(Exhibit B).
The Engineer recommends an annual assessment limit for the Tassajara Hills portion of the
Fallon Crossing GHAD of $1,200 per detached single-residential unit (Fiscal Year 2016/17
dollars). The proposed initial assessment level will be automatically adjusted annually on
December 1 to reflect the percentage change in the San Francisco-Oakland-San Jose Consumers
Price Index plus 0.5 percent for All Urban Consumers. The initial levy for the Tassajara Hills
development should be set to $1,200 per single-family unit. The 10-year budget (Exhibit C)
assumes a 2-percent inflation rate.
While the assumptions, estimated expenses, and reserve listed in Exhibit B were used to
determine the assessment levels for the GHAD Annexation Area, they do not represent the actual
budget for any 1 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 years. In
addition, the Engineer anticipates that the projected expense amounts will be reached over time
and that these amounts will be inflation-adjusted in the year that the expenses occur.
Pursuant to the schedule set forth in Funding and Acceptance of Responsibility by the District
(Exhibit E within the Plan of Control), the GHAD reserve at the time of transfer will be
approximately $350,000. Additionally, a minimum of 250 residences will be subject to the levy
of the assessment at the time of transfer. Funds collected and remaining from the levy of
assessments during the period that the developer is responsible for performing monitoring and
maintenance activities shall be applied to meet the required GHAD reserve amount. In addition,
receivables from the Alameda County Tax Collector will be included to meet the minimum
reserve amount.
VIII. DEVELOPER RESPONSIBILITIES
The developer of the Site is responsible for managing and maintaining the Tassajara Hills portion
of the Fallon Crossing GHAD until the GHAD accepts responsibility for the GHAD
Improvements as set forth in the Plan of Control. In addition, the developer is responsible for
funding any necessary GHAD functions or business undertaken for the Tassajara Hills portion of
the Fallon Crossing GHAD that the GHAD Officers or Board of Directors determine are
necessary before the GHAD accepts the GHAD Improvements. If the developer fails to fund all
or a portion of these costs, these costs shall be covered by the funds generated by and for the
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Tassajara Hills portion of the Fallon Crossing GHAD (i.e., through the assessment) and the
developer shall be required to reimburse the GHAD for such costs before the GHAD can accept
monitoring and maintenance responsibilities for the GHAD Improvements.
The GHAD may utilize funds generated by or for the Tassajara Hills development to conduct
any necessary GHAD functions or business for the Tassajara Hills portion of the Fallon
Crossing GHAD required before the GHAD accepts the GHAD improvements. Such functions
and business can include periodic reporting to the GHAD Board of Directors and work
performed by GHAD Officers to verify the GHAD is implemented in accordance with the
Plan of Control and GHAD Law.
5661.002.000
May 30, 2017
EXHIBIT A
Legal Description and Plat to Accompany Legal Description
N39°06'15"W 637.44' BNDY
R=833.00'
Δ=26°03'30"
L=378.85 BNDY
N13°02'45"W 165.79' BNDY
N89°20'13"W 1866.14' BNDY
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N33°22'51"E 92.98' BNDY
TAS
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R=767.00'
Δ=45°10'30"
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22
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5661.002.000
May 30, 2017
EXHIBIT B
Fallon Crossing GHAD Budget
Tassajara Hills Development
5661.002.000
May 30, 2017
Fallon Crossing Geologic Hazard Abatement District
Tassajara Hills Development
Budget
ASSUMPTIONS
Total No. of Single Family Residential Units 370
Annual Assessment per Unit (FY 2017 $) $1,200
Annual Adjustment in Assessment (estimated) 2.5%
Inflation (estimated) 2.0%
Investment Earnings (estimated) 3.5%
Frequency of Large-Scale Repair (years) 10
Cost of Large-Scale Repair (current $) $1,100,000
ESTIMATED ANNUAL EXPENSES IN FY 2017 DOLLARS
Administration and Accounting
Basin Monitoring Program
GHAD Monitoring Program
Creek Bank Maintenance/Erosion Protection
EVA/Fire Road Maintenance and Resurfacing
Sediment/Debris Removal from Concrete Ditches
Mitigation Swales
Fence Maintenance/Fire Suppression
Biofiltration Maintenance
Detention Basin Maintenance
Slope Stabilization (incl. minor landsliding)
Subdrain/Outfall Maintenance
V-Ditch Replacement (Annualized)
Open Space Pipelines (Annualized)
Retaining Wall Replacement (Annualized)
Fence Replacement (Annualized)
Gravel EVA/Fire Road (Annualized)
Major Repair (Annualized)
Miscellaneous/Contingency (10%)
Total
$30,636
$12,500
$12,500
$30,000
$3,533
$5,011
$15,996
$19,596
$2,013
$33,264
$30,000
$2,300
$6,681
$5,973
$1,100
$8,890
$15,077
$110,000
$34,507
$379,577
5661.002.000
May 30, 2017
EXHIBIT C
10-year GHAD Budget
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5661.002.001 5/30/2017
NOTICE OF ADOPTION OF RESOLUTION BY THE BOARD OF DIRECTORS OF
THE FALLON CROSSING GEOLOGIC HAZARD ABATEMENT DISTRICT
On June 6, 2017, the Fallon Crossing Geologic Hazard Abatement District Board of
Directors adopted Resolution No. 3-17, approving and ordering the annexation of the
Tassajara Hills development into the Fallon Crossing Geologic Hazard Abatement
District (GHAD). This formation was described in the petition dated April 17, 2017 and in
the GHAD Plan of Control dated May 30, 2017. 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 June 20, 2017, the Fallon Crossing GHAD
Board adopted Resolution X-17 declaring its intention to impose an assessment on
GHAD property within the Tassajara Hills 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 Tassajara Hills portion of the Fallon
Crossing GHAD as set forth in the Engineer's Report is $379,577. If the assessment is
adopted, it is anticipated that the following assessments amounts will apply within the
Tassajara Hills portion of the GHAD in fiscal year 2017dollars.
Single Family Residential Units 370
Annual Assessment per Unit (FY 2017 $) $1,200
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 – All Urban Consumers plus 0.5 percent. If adopted, the assessment will
remain in effect indefinitely unless it is modified or rescinded by the Fallon Crossing
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 describ es 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 chargeable to the Tassajara Hills portion of the Fallon Crossing
GHAD, the 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 Fallon Crossing GHAD Clerk, 100 Civic
Plaza, Dublin, CA 94568.
The GHAD Board will conduct a public hearing on August 15, 2017, at 7:00p.m., in the
City of Dublin 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 the property owner that is within the Tassajara Hills development within the
Fallon Crossing GHAD. The ballot may be completed and mailed or hand delivered to
the Fallon Crossing GHAD 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: Fallon Crossing
GHAD Clerk, Attention: Ms. Caroline Soto, 100 Civic Plaza, Dublin, CA 94568 or by
phone at (925) 833-6650.
Ballot
Identification of Parcel: Assessor’s Parcel Number 985-0001-001-01
Record Owner: Toll CA VIII, L.P.
____________ Yes, I approve the proposed annual benefit assessment described in the
attached Notice on the property described by the parcel number 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 number identified in this Ballot.
_____________________________
Signature of Record Owner or
Authorized Representative of the
above identified parcel
Mail or deliver sealed Ballot to:
Clerk of the Board of Directors
Ms. Caroline Soto
Fallon Crossing Geologic Hazard Abatement District
100 Civic Plaza
Dublin, CA 94568