320 Goddard, Suite 100 Irvine, CA 92618 (925) 866-9000 [email protected] www.engeo.com
March 24, 2025
Dear Santiago GHAD Property Owner:
On March 19, 2025, the Santiago Geologic Hazard Abatement District (GHAD) Board of Directors passed Resolution 2025/02 approving revisions to the Notice of Intent to Order an Assessment and Ballot included with the Engineer’s Report dated February 13, 2025 , and rescheduled the public hearing to May 12, 2025, at 6:00 p.m. at the East Anaheim Community Center.
The revisions made to the Notice of Intent to Order an Assessment and Ballot are:
• Removed language related to terminating the proposed assessment if the City of Anaheim does not submit payment for its proposed allocation.
The GHAD Board of Directors decided to make this revision to promote a healthy, long-term working relationship between the GHAD and City of Anaheim.
A revised Notice of Intent to Order an Assessment and Ballot are included in this packet. The ballot previously mailed to property owners is considered void. Property owners should complete and return the revised ballot included in this packet to ensure their vote is tabulated. The GHAD Board of Directors sincerely apologizes for any inconvenience this revision may cause.
Please reach out to us if you have any questions or comments. Our contact information is:
ENGEO Incorporated
Santiago GHAD Manager
Matt Swanson
320 Goddard, Suite 100, Irvine, CA 92816
Office: (949) 529-3479 or Cell: (925) 570-7999
E-mail: [email protected]
Haley Ralston
2633 Camino Ramon, Suite 250, San Ramon, CA 94583
Office: (925) 866-9000 or Cell: (909) 373-5457
E-mail: [email protected]
SANTIAGO GEOLOGIC HAZARD ABATEMENT DISTRICT
STAFF REPORT
TO: Santiago Geologic Hazard Abatement District (“GHAD”) Board of Directors FROM: GHAD Manager
BOARD MEETING DATE: March 19, 2025
SUBJECT: CONSIDER Resolution No. 2025/02 to revise the notice of intent to order an assessment and ballot language included with the Engineer’s Report dated February 13, 2025, and move the public hearing date to May 8, 2025, which is a minimum of 45 days after written notice is mailed, to consider a revised notice of intent to order an assessment and alternative ballot language for the proposed assessment.
RECOMMENDATION(S):
1. CONSIDER the attached Resolution No. 2025/02 to do the following:
(a) APPROVE revisions to the notice of intent to order an assessment and ballot language; and
(b) MOVE the public hearing date to May 8, 2025, a minimum of 45 days after notice is mailed, to consider a revised notice of intent to order an assessment and alternative ballot language for the proposed assessment.
BACKGROUND:
The Anaheim City Council formed the Santiago Geologic Hazard Abatement District (“GHAD”) on March 16, 1999, under the authority of the California Public Resources Code, Division 17, Section 26500 et seq. with the approval of City of Anaheim Resolution 99R-50. Five property owners within the GHAD serve as the Board of Directors of the Santiago GHAD. There are currently two vacancies on the Board of Directors.
The Anaheim City Council approved the Santiago GHAD Plan of Control (“Plan of Control”) to allow the Santiago GHAD to permanently monitor and maintain the Santiago landslide. The Santiago GHAD had been funded through a settlement with the City of Anaheim (“GHAD Distribution”). It is the intent of the Board of Directors to update the Plan of Control if the property owners vote to approve the upcoming assessment. In 1999, the initial GHAD Distribution was approximately $3,500,000. In 2023, the property owners voted to approve an assessment to sustain minimal operations of the GHAD. That assessment is set to expire in the current fiscal year. The proposed Engineer’s Report is intended to support a ballot measure whereby the 2023 assessment would be extended indefinitely. As of December 30, 2024, the fund balance had risen to approximately $340,000 due to property tax receipts for the 2024-2025 Fiscal Year.
To allocate assessment in proportion to special benefit conferred on assessed parcels, a formula has been derived that estimates the special benefit conveyed by the GHAD. Special benefit is derived considering several factors, and weighting has been applied to each factor to note its relative benefit received, as compared to other factors. The factors incorporated into the analysis account for a respective parcel’s proximity to the delineated landslide, the potential for a parcel to experience geologic distress in the event of landslide mobilization, a parcel’s proximity to the hydrogeologic watershed area that infiltrates groundwater mitigated by the pump system, and benefit from seepage control. The formula is presented in the Engineer’s Report dated February 13, 2025.
ENGEO has prepared the Engineer’s Report detailing an assessment allocation, applying the proposed assessment on an individual-property basis, and utilizing the assessment budget for the Fiscal Year 2024-2025 GHAD Program Budget for comparative purposes, as an exhibit to the attached resolution. The assessment limit would be adjusted annually based on the Los Angeles- Long Beach-Anaheim Consumer Price Index (CPI) published for December.
The language currently included in the notice of intent to order an assessment and ballot indicates that the assessment on the property owners would not be levied on the properties if the City of Anaheim does not pay its allocated assessment under the proposed budget shown in the Engineer’s Report dated February 13, 2025. The GHAD Board may consider a discussion of possible revisions to the notice of intent to order an assessment and ballot language.
If the language in the notice of intent to order an assessment and ballot is revised, the 45-day noticing period required under Proposition 218 would restart and the public hearing to tabulate the assessment votes would be held on May 8, 2025, at 6:00 p.m. at the East Anaheim Community Center.
FISCAL IMPACT:
The GHAD is currently funded through supplemental property assessments. Once the Engineer’s Report is completed, if adopted and approved, the limited activities of the Santiago GHAD will be funded through assessments levied on properties within the GHAD.
ATTACHMENT:
1. Resolution No. 2025-02 to revise the notice of intent to order an assessment and ballot language included with the Engineer’s Report dated February 13, 2025, and move the public hearing date to May 8, 2025, which is a minimum of 45 days after written notice is mailed to consider a revised notice of intent to order and assessment and alternative ballot language for the proposed assessment.
BOARD OF DIRECTORS OF THE
SANTIAGO GEOLOGIC HAZARD ABATEMENT DISTRICT
RESOLUTION NO. 2025/02
ADOPT RESOLUTION NO. 2025/02 TO REVISE THE NOTICE OF INTENT TO ORDER AN ASSESSMENT AND BALLOT LANGUAGE INCLUDED WITH THE ENGINEER’S REPORT DATED FEBRUARY 13, 2025, AND MOVE THE PUBLIC HEARING DATE TO MAY 8, 2025, WHICH IS A MINIMUM OF 45 DAYS AFTER WRITTEN NOTICE IS MAILED, TO CONSIDER A
REVISED NOTICE OF INTENT TO ORDER AN ASSESSMENT AND ALTERNATIVE BALLOT LANGUAGE FOR THE PROPOSED ASSESSMENT.
WHEREAS, an assessment for GHAD services is to be considered for imposition on properties within the Santiago GHAD as reflected in the Engineer’s Report dated February 13, 2025; and WHEREAS, Public Resources Code Sections 26650 et seq. authorize, after a noticed public hearing, the levy and collection of an assessment upon specially benefited properties within the GHAD to pay for the maintenance and operation of GHAD improvements. Article XIII (D) of the California Constitution imposes additional requirements for the levy and collection of said assessment; and
WHEREAS, an Engineer’s Report (dated February 13, 2025) has been prepared by the GHAD Manager to reflect the special benefit conferred to properties within the GHAD; the GHAD Manager is a registered professional engineer, certified in the State of California, in compliance with Public Resources Code section 26651(a) and section 4(b) of Article XIII (D) of the California Constitution; the Engineer’s Report sets forth the purpose of the GHAD and a description of the method used in formulating the estimated assessments; and
WHEREAS, the record owner of each parcel within the boundary of the Santiago GHAD will be mailed a revised notice of intent to order an assessment and ballot which includes the record owner’s Assessor’s Parcel Number(s) and related proposed assessment amount as described in the Engineer’s Report dated February 13, 2025; and
NOW, THEREFORE, THE SANTIAGO GEOLOGIC HAZARD ABATEMENT DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:
1. The GHAD Board directs the GHAD Manager to mail the revised notice of intent to order an assessment and ballot to the record owners of each parcel upon which the assessment will be imposed.; and
2. This Resolution shall become effective immediately upon its passage and adoption.
DATED: March 19, 2025
I, Haley Ralston, acting Clerk of the Santiago Geologic Hazard Abatement District, certify that the foregoing resolution was duly adopted by the Board of Directors of the District at a regular meeting held on the 19th day of March 2025 by the following vote:
AYES:
Farano, Kaplan, Guziak
NOES:
ABSENT:
ABSTAIN:
Acting Clerk of the Santiago GHAD Board
NOTICE OF (1) ADOPTION OF RESOLUTION NO. 2025/02 BY THE BOARD OF
DIRECTORS OF THE SANTIAGO GEOLOGIC HAZARD ABATEMENT DISTRICT, (2) PROPOSED ASSESSMENT, AND
(3) PUBLIC HEARING FOR MAY 12, 2025
The Anaheim City Council formed the Santiago Geologic Hazard Abatement District (“GHAD”) on March 16, 1999, under the authority of the California Public Resources Code, Division 17, Section 26500 et seq. with the approval of the City of Anaheim Resolution 99R -50.
Three property owners within the GHAD currently serve as the Board of Directors of the Santiago GHAD.
NOTICE IS HEREBY GIVEN THAT:
On February 13, 2025 , the GHAD Board adopted Resolution No. 2025/01 declaring its intention to impose an assessment on the propert ies included in the GHAD and directing that a public hearing be scheduled to consider the adoption of this assessment to fund the Santiago GHAD. On March 19, 2025, the GHAD Board adopted Resolution No. 2025/02 revising language in the Notice of Intent to Order an Assessment , Ballot and rescheduling the public hearing to May 12, 2025. This Notice of Intent to Order an Assessment and included Ballot have been updated with the revised language. The total yearly estimated budget for the Santiago GHAD, as set forth in the current Engineer’s Report, is $329,679. If the assessment is adopted, each residential parcel, Homeowner Association -owned parcel, and City of Anaheim -owned right-of-way will be assessed a maximum amount as shown on Exhibit B of the attached Engineer’s Report dated February 13, 2025, in Fiscal Year (“FY”) 2024/2025 dollars, plus an annual adjustment to reflect t he percentage change in the Los Angeles -Long Beach-Anaheim Consumer Price Index (CPI) for All Urban Consumers published for December. The assessment will be levied beginning in FY 2025/2026, to fund limited activities of the Santiago GHAD as described in the Plan of Control dated February 22, 1999, First Addendum to the Plan of Control dated November 9, 2017, revised January 15, 2019, and the Engineer’s Report dated February 13, 2025.
The Engineer’s Report (dated February 13, 2025) for the Santiago GHAD was prepared by a Professional Enginee r, registered in the State of California, and describes in detail the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated. The Engineer’s Report specifically sets forth the yearly estimated budget, the total assessment, the proposed estimated assessments to be levied each year against each parcel of property, a description of the method used in formulating the estimated assessment , and the conditions under which the assessment would expire, be replaced by another assessment, or continue indefinitely . A copy of GHAD Board Resolution No . 2025/02 and the Engineer’s Report is available for inspection at ENGEO Incorporated, 320 Goddard Way, Suite 100, Irvine, CA 92618 and on the Santiago GHAD website (www.santiagoghad.org).
The GHAD Board wil l conduct the public hearing on May 12, 2025, at 6:00 p.m. at the East Anaheim Community Center, Canyon Room, 8201 East Santa Ana Canyon Road, Anaheim, CA 92808, on the proposed assessment.
The following paragraph provides the procedure for returning and tabulating the ballots .
Copies of this Notice, a sealable ballot, and the Engineer’s Report have been sent to each of the property owners within the Santiago GHAD.
The ballot may be completed and mailed or hand delivered to Santiago Geologic Hazard
Abatement District, ℅ ENGEO Incorporated, GHAD Manager, 320 Goddard Way, Suite 100, Irvine, CA 92618 or may be submitted at the public hearing. Each ballot may be submitted, withdrawn, or change d at any time prior to the conclusion of the testimony on the proposed assessment at the public hearing. At the hearing, the GHAD Clerk shall tabulate the ballots and the GHAD Board shall consider any objections or protests to the assessment and certify t he tabulation of the ballots.
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 submit ted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted acco rding to the proportional financial oblig ation of the affected property.
Inquiries regarding the proposed assessment may be made by mail to: Santiago GHAD ℅ ENGEO Incorporated, Attn: Matt Swanson, 320 Goddard Way, Suite 100, Irvine, CA 92618 or by phone at (949) 529-3479 or (925) 570-7999, or by e-mail at [email protected].
Enclosures:
Sealable Revised Ballot
BALLOT
Santiago Geologic Hazard Abatement District
Identification of Property(ies): Assessor’s Parcel Number(s) (if available) ____________________ Street(s) or Address(es): ___________________________________________________________ Record Owner: ___________________________________________________________________
____________ Yes, I approve the proposed annual benefit assessment of ________ described in the attached Notice on the property described by the assessor’s parcel number(s), street(s), or address(es) identified in this Ballot.
____________ No, I do not approve the proposed annual benefit assessment of _______ described in the attached Notice on the property described by the assessor’s parcel number(s), street(s), or address(es) identified in this Ballot.
_____________________________________________________
Signature of Record Owner or Authorized Representative of the above identified parcel(s)
Dated:
Mail or deliver sealed Ballot to:
Santiago Geologic Hazard Abatement District
℅ ENGEO Incorporated, GHAD Manager
Attention: Matt Swanson
320 Goddard Way, Suite 100
Irvine, CA 92618
.
SAMPLE