HAYWARD
GEOLOGIC HAZARD ABATEMENT DISTRICT
TO: Hayward GHAD Board of Directors
FROM: GHAD Manager, ENGEO Incorporated, Haley Ralston
GHAD Attorney, Fennemore Wendel, Amara Morrison
BOARD MEETING DATE: November 14, 2023
SUBJECT: Public Hearing to Approve Transfer of Plan of Control Responsibilities for Assessor’s Parcel Number (APN) 083-0477-003 (Parcel B, Tract 7620) in The Reserve Development from La Vista, LP to the Hayward Geologic Hazard Abatement District (GHAD) and Authorizing the GHAD Manager to Accept Title to Certain Real Property RECOMMENDATION(S):
Staff recommends that the Hayward GHAD Board of Directors adopt Resolution 23-04 approving transfer of Plan of Control responsibilities for APN 083-0477-003 (Parcel B, Tract 7620) in The Reserve development from La Vista, LP to the Hayward GHAD and authorizing the GHAD to accept title to Parcel B.
SUMMARY:
As part of the formation of the Hayward GHAD, the GHAD Board of Directors approved a Plan of Control and Engineer’s Report for The Reserve property (Tract 7620) that outlined a process for the developer to transfer long-term monitoring and maintenance responsibilities to the GHAD when specified conditions had been met. As planned, in addition to monitoring and maintenance responsibilities, the GHAD owns or will own selected parcels within Tract 7620. GHAD staff has verified that Parcel B located within Tract 7620 is eligible for transfer.
BACKGROUND AND DISCUSSION:
The process for transferring future Hayward GHAD responsibilities from the developer to the GHAD are listed in the adopted 2016 Plan of Control and Engineer’s Report for The Reserve development. On March 23, 2018, the developer, La Vista, LP initiated the transfer process by providing the GHAD Manager with a transfer application for all parcels within The Reserve development (Tract 7620). In response to the transfer application, the GHAD Manager began the process of verifying that the facilities for which the GHAD will have maintenance responsibilities have been constructed and maintained according to the City-approved plans and are in good working order. The GHAD provided the developer with a “Punchlist” letter summarizing the conditions of acceptance of the future GHADowned and/or maintained parcels and improvements, including Parcel B. The Punchlist letter dated February 1, 2021 is provided as Attachment A to this staff report.
Subsequently the developer notified the GHAD that it had completed maintenance or repair of selected items identified on the “Punchlist” letter. The GHAD Manager re-inspected the improvements in advance of preparing the information provided in Tables 1 and 2. Table 1 lists the parcels that the GHAD Manager has identified as being in a condition in which the Hayward GHAD can accept ownership, monitoring and maintenance responsibilities. Table 2 lists parcels that have been offered to the GHAD, but still have outstanding issues that will need to be resolved prior to GHAD acceptance. Tables 1 and 2 also identify parcels listed in the Plan of Control for future GHAD ownership. A copy of the letter identifying Parcel B eligible for transfer is provided as Attachment B to this staff report.
TABLE 1: Eligible Transfer Parcel
ASSESSOR’S PARCEL NUMBER
DESCRIPTION (Tract 7620)
GHAD OWNERSHIP
083-0477-003
Parcel B
Yes
TABLE 2: Parcels not yet Eligible for Transfer
ASSESSOR’S PARCEL NUMBER
DESCRIPTION (Tract 7620)
GHAD OWNERSHIP
083-0477-002
Parcel A
No
083-0477-005
Parcel P
No
If acceptance of Parcel B is approved by the GHAD Board of Directors by resolution, the Hayward GHAD will be responsible for owning, monitoring and maintenance of Parcel B. GHAD maintained improvements have not yet been constructed on Parcels A and P, therefore they are not eligible for transfer at this time.
La Vista, LP is granting ownership of 1 parcel within Tract 7620 to the GHAD. The parcel is approximately 4 acres of land. The transfer of ownership of Parcel B to the GHAD was anticipated in the adopted Plan of Control which is authorized by California Public Resources Code section 26577 which states, “A district may purchase, lease, obtain an option on, acquire by gift, grant bequest, or devise, or otherwise acquire any property or any interest in property”.
A condition of approval of the La Vista development required the developer to form a Lighting and Landscape Assessment District (“LLD”). La Vista, LP formed and annexed the development to Benefit Zone No. 14 of LLD No. 96-1. If the GHAD Board of Directors approves Resolution No. 23-04, the GHAD will own 13 parcels within Tract 7620, which the LLD is required to enter in order to undertake work of LLD 96-1. The GHAD Board, therefore, is granting a Right of Entry to the City of Hayward to allow the LLD work to be undertaken on GHAD property. While the Board previously approved a Right of Entry for the LLD to undertake work, that Right of Entry was not recorded; thus, the Board is being requested to approve the Right of Entry which now also includes Parcel B.
FISCAL IMPACT:
The approved Formation Documents for The Reserve development anticipated funding of GHAD maintained improvements through an assessment of property owners within the District. Levy of these assessments started in fiscal year 2017/18 and are anticipated to continue in perpetuity.
NEXT STEPS:
Parcels within The Reserve development not currently eligible for the transfer of GHAD responsibilities from the developer to the GHAD will be brought before the GHAD Board of Directors at a later date for transfer consideration.
Prepared by: GHAD Manager, ENGEO Incorporated, Haley Ralston GHAD Attorney, Fennemore Wendel, Amara Morrison
Recommended by: GHAD Manager, ENGEO Incorporated, Haley Ralston ATTACHMENTS:
Geologic Hazard Abatement District (GHAD) Plan of Control Transfer Letter dated February 1, 2021 Geologic Hazard Abatement District (GHAD) Plan of Control Transfer Acceptance of Selected Parcels, dated October 26, 2023 Resolution 23-04 to Approve Transfer of Plan of Control Responsibilities for Assessor’s Parcel Number (APN) 083-0477-003 in The Reserve Development from La Vista, LP to the Hayward Geologic Hazard Abatement District (GHAD) and Authorizing the GHAD Manager to Accept Title to Parcel B Exhibit A to Resolution – Grant Deed for Parcel B
E. Exhibit B to Resolution (Right of Entry and Agreement Regarding Open Space Property) 6671.002.023
November 14, 2023