017596.0002\6723303.1 5410.001.000
July 5, 2022
OAKLAND AREA
GEOLOGIC HAZARD ABATEMENT DISTRICT
TO: Oakland Area GHAD Board of Directors
FROM: GHAD Manager
GHAD Attorney
BOARD MEETING DATE: July 5, 2022
SUBJECT: Resolution to Confirm the
Assessment, and Order the Levy and
Collection of the Assessment
RECOMMENDATION(S):
Staff recommends that the GHAD Board adopt Resolution 2022-03 confirming the assessment, and authorizing the levy and collection of the assessment for the Kenilworth Development within the Oakland Area Geologic Hazard Abatement District.
SUMMARY:
In approving the 7-unit single-family Kenilworth Development in 2010, the City of Oakland imposed Condition of Approval No. 35 requiring the property own er to seek annexation of the property into the Oakland Area GHAD. As allowed by GHAD Law, th e owner of property within the Kenilworth Development submitted a Petition for Annexation of the Kenilworth Development into the Oakland Area GHAD. On February 21, 2017, the GHAD Board of Directors held a public hearing on the proposed annexation and, with the approval of Re solution No. 15, annexed the Kenilworth Development into the Oakland Area GHAD and approved the Plan of Control. With the approval of Resolution No. 2022-01, the GHAD Board approved the Engineer’s Report for the Kenilworth Development to secure funding for the GHAD-maintaine d improvements identified in the Plan of Control. In order to impose the assessment set fort h in the Engineer’s Report, the GHAD Board adopted Resolution No. 2022-02 on June 7, 2022 to ac cept the tabulation of the ballots, consider any protests against the proposed assessment, and certify the canvass of votes.
The Board is now being asked to consider Resolution 2022-03 con firming the assessment, and authorizing the levy and collection of the assessment for the K enilworth Development within the Oakland Area Geologic Hazard Abatement District.
BACKGROUND AND DISCUSSION:
On July 18, 2006, the Oakland City Council adopted Resolution 8 0058 approving the formation of the Oakland Area GHAD and appointed itself to serve as the G HAD Board of Directors. The Oakland Area GHAD includes the Siena Hill Development and the Kenilworth Development.
A funding source has been secured for Siena Hill Development and it is now appropriate to secure a funding source for the Kenilworth Development. Like Siena Hil l Development, the funding source for the Kenilworth Development is through a real propert y assessment. The assessment for the 7 single-family residential units within the Kenilworth Development is proposed to be imposed the first fiscal year after building permits are issued for each of the homes. The
017596.0002\6723303.1 5410.001.000
July 5, 2022
assessment will be used to maintain the improvements in the Ken ilworth Development Plan of Control approved by the GHAD Board previously on February 21, 2017 (Resolution No. 15).
On April 19, 2022, the GHAD Board adopted Resolution No. 2022-0 1 approving the Engineer’s Report for the Kenilworth Development to set the assessment limit of level of $5,364.00 per single- family residential unit (Fiscal Year 2022/23 dollars).The Kenilworth Development assessment will not impact or change the existing assessments for the Siena Hil l Development. The property owner of the Kenilworth Development was provided with a copy of the Engineer’s Report, a Notice of Intent to Order an Assessment, and a ballot as required by Resolution 2022-01.
On June 7, 2022 the GHAD Board adopted Resolution No. 2022-02 to accept the tabulation of the ballots, consider any protests against the proposed assessment, and certify the canvass of votes. It remains for the Board to now consider Resolution 2022-03 confirming the assessment, and authorizing the levy and collection of the assessment for the Kenilworth Development within the Oakland Area Geologic Hazard Abatement District.
FISCAL IMPACT:
The developer is responsible for funding all activities underta ken by the GHAD up and until the GHAD Improvements, as defined in the Plan of Control, are accep ted by the GHAD. Thereafter, the GHAD will be funded 100% through assessments levied on prop erties within the Oakland Area GHAD. The GHAD is a separate and independent agency from t he City and its operations have no impact on the City’s General Fund.
NEXT STEPS:
The Applicant will record or cause to be recorded a Notice of A ssessment and Assessment Diagram for the Kenilworth Development with the Alameda County Recorder’s Office.
Prepared by: The GHAD Manager and GHAD Attorney
Recommended by: GHAD Manager
ATTACHMENTS:
A. Resolution No. 2022-03