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THE BOARD OF DIRECTORS OF OAKLAND AREA
GEOLOGIC HAZARD ABATEMENT DISTRICT
RESOLUTION NO. 2024-03
RESOLUTION CONFIRMING ASSESSMENT AND AUTHORIZING THE LEVY AND
COLLECTION OF THE ASSESSMENT FOR THE OAK KNOLL DEVELOPMENT WITHIN
THE OAKLAND AREA GEOLOGIC HAZARD ABATEMENT DISTRICT
WHEREAS, on July 18, 2006, the Oakland City Council adopted Resolution 80058 approving the formation of the Oakland Area Geologic HazardAbatement District (“GHAD”) and appointed itself to serve as the GHAD Board of Directors (“GHAD Board”); and WHEREAS, on June 7, 2022 , the GHAD Board accepted a petition from Oak Knoll Venture Acquisition LLC requesting annexation of the Oak Knoll development into the GHAD; and WHEREAS, on July 5, 2022, the GHAD Board held a public hearing on the proposed annexation and Oak Knoll development Plan of Control (“Plan of Control”) and thereafter adopted Resolution No. 2022-06 approving the annexation and adopting the Plan of Control; and WHEREAS, in order to pay for costs and expenses of maintaining and operating the GHAD improvements as set forth in the Plan of Control, a funding source must be established; and WHEREAS, an Engineer’s Report has been prepared to support a real property assessmentlimit of $920.00 per single-family residential unit, adjusted based on residential type as described in Table VII-1 in the Engineer’s Report dated April 3, 2024, and $0.10 per square foot of habitable non-residential space in Fiscal Year 202 3/24 dollars for GHAD services , and is attached as Attachment 1;
WHEREAS, Public Resources Code sections 26650 et seq. (“GHAD Law”)authorizes, after a noticed public hearing, the levy and collection of an assessment upon specially benefited property within the GHAD to pay for the maintenance and operation of GHAD improvements. Article XIII(D) of the California Constitution imposes additional re quirements for the levy and collection of said assessment;
WHEREAS, the Engineer’s Report was prepared by the GHAD Manager to reflect the Plan of Control adopted by the GHAD Board on July 5, 2022 . 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; WHEREAS, the Engineer’s Report attached hereto asAttachment 1 sets forth the purpose of the Oak Knoll development portion of the GHAD, the estimated budget, the total assessment that will be chargeable to the Oak Knoll development portion of the GHAD, the proposed estimated assessment to be levied against each parcel of property within theOak Knoll development portion of the GHAD, and a description of the method used in formulating the estimated assessments; and
WHEREAS, the property within the Oak Knoll development portion of the GHAD is identified in Exhibit A in Attachment 1 and each parcel is proposed to be assessed.
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WHEREAS, o n April 1 6, 202 4, the GHAD Board adopted Resolution 2024-01 declaring its intention to order an assessment on the Oak Knoll Development and fixed a public hearing for June 4, 2024, to consider the assessment and any protest against the assessment; and WHEREAS, pursuant to Resolution 202 4-01 the GHAD Board declared it intention, consistent with the requirements of Article XIII(D) of the California Constitution, to order that the costs and expenses of maintaining and operating the GHAD improvements acquired or constructed pursuant to Public Resources Code section 26500 et seq. be assessed against those parcels in the Oak Knoll development, as identified on the Boundary Map (Exhibit A to the Engineer’s Report), that are specially benefited by the GHAD; and
WHEREAS, Resolution No. 2024-01 declared the GHAD Board’s intention to assess against those parcels in theOak Knoll development and as shown on the Boundary Map, all or part of the amount set forth in the Engineer’s Report commencing with the following fiscal year given there is no majority protest to the proposed assessment; and
WHEREAS, Resolution No. 2024-02 directs the tabulation of the ballots and presentation of the ballots received from record owners to the GHAD Board at the hearing. Resolution2024-03 states that the GHAD Board shall then consider all protests againstthe proposed assessment and certify the tabulation of the ballots. This Resolution states that, in tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation on the affected property. This Resolution states that the GHAD Board shall not impose the assessment if there is a majority protest and if there is no majority protest, the GHAD Board shall authorize the assessment.
GHAD BOARD HEREBY RESOLVES THAT:
1. That notice of the public hearing described above in accordance with Public Resources Code sections 26651 through 26653 and Article XIII(D), Section 4 of the California Constitution was provided.
2. The public hearing was held b efore the GHAD Board on June 4, 2024, at 3:30 p.m. or thereafter at the Chambers of the Oakland City Council, 1 Frank H. Ogawa Plaza, Oakland, CA 94612. At the hearing, the GHAD Board heard and considered any and all protests to the proposed assessment. After the public hearing was closed, the sealed ballot was canvassed and tabulated.
3. Based upon the tabulation of the ballot, the GHAD Board finds that there is no majority protest. Therefore, the GHAD Board is authorized to levy the proposed assessment pursuant to Public Resources Code section 26653 and Article XIII(D), Section 4 of the California Constitution on property within the Oak Knoll development.
4. The GHAD Board further confirms the assessment limit in F Y 202 3/2024 dollars of $920.00 per single-family residential unit, adjusted based on residential type asdescribed in Table VII -1 in the Engineer’s Report and $0.10 per square foot of habitable, non - residential unit, as set forth in the Engineer’s Report.
5. The GHAD Board further orders that the assessment amount in the Engineer’s Report (with an adjustment annually to reflect the percentage change in the San Francisco - Oakland-Hayward Consumer Price Index for All Urban Consumers) shall be assessed against each residential unit in the Oak Knoll Development, which shall be levied at the
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beginning of the following fiscal year given there is no majority protest to the proposed assessment for each parcel and the assessment will continue to be levied in perpetuity.
6. The GHAD Board further orders that the assessment shall be levied and collected in the following manner:
(a) The GHAD Manager shall cause to be recorded a Notice of Assessment, in substantially the form as attached heretoAttachment 2, as provided for in Section 3114 of the California Streets and Highway Code, whereupon the assessment shall attached as a lien upon the property.
(b) Thereafter, the assessment shall be payable at the same time and in the same manner as general taxes on real property within the Oak Knoll development are payable.
(c) All funds generated by the assessment, and all returns earned on the assessment, shall be segregated and deposited in the GHAD account. Said funds shall not be deposited or credited to the City or any of its departments, including the City Finance and Management agency or the City Treasury.
7. This Resolution shall become effective immediately upon its passage and adoption.
OAKLAND, CALIFORNIA, June 4, 2024
PASSED BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
Attest:___________________________________
Patricia E. Curtin
Oakland Area GHAD Clerk
Attachments: 1 – Engineer’s Report
2 – Notice of Assessment