GEOLOGIC HAZARD ABATEMENT DISTRICT
SPECIAL MEETING AGENDA
Tuesday, May 21, 2024
6:55 PM
City Council Chamber
200 Old Bernal Avenue
Pleasanton, CA 94566
The meeting will be held in-person at the City Council Chamber.
Public participation: It is requested that members of the public wishing to address the City Council submit a speaker card. When public comment is opened on an agenda item, individuals may speak once per agenda item.
To submit written public comment regarding an open session item on this meeting agenda visit https://forms.cityofpleasantonca.gov/f/writtenpubliccomment. Comments will be accepted by the City Clerk’s Office until 12:00 p.m. on the day of the Council meeting.
In Person at Council Chamber:
• Submit a physical speaker card to the City Clerk at the meeting. When your name is called, please provide comment at the podium.
NOTICE IS HEREBY GIVEN, pursuant to section 54956 of the California Government Code, that a special meeting of the Board of Directors of the Laurel Creek Estates, Moller Ranch, Lemoine Ranch Estates, and Oak Tree Farm Geologic Hazard Abatement Districts is hereby called.
CALL TO ORDER
• Roll Call
Reso No. GHAD 2024-141
PUBLIC COMMENT – Comments are limited to three minutes and to only those items listed on the agenda.
CONSENT CALENDAR
Items listed on the consent calendar are considered routine in nature and may be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.
Public Works
1. Adopt resolutions approving the Engineer’s reports for the Geologic Hazard Abatement Districts (GHADs) for Laurel Creek, Moller Ranch, Lemoine Ranch, and Oak Tree Farm; declaring the Board’s intention to assess the properties for the
GHAD Agenda Page 2 of 2 May 21, 2024
cost to operate and maintain the Districts; and setting June 18, 2024, at 6:55 p.m., as the date and time for the public hearing
ADJOURNMENT
Notice
Under Government Code §54957.5, any writings/documents regarding an open session item on this agenda and items received by the City Clerk’s Office by 12:00 p.m. on the day of the meeting provided to a majority of the City Council after distribution of the agenda packet will be available for public inspection on the City’s website https://www.cityofpleasantonca.gov/ and also at the Pleasanton Library located at 400 Old Bernal Ave., Pleasanton, CA 94566.
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders, which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure § 1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited, by California law, including but not limited to Government Code §65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special meeting.
Accessible Public Meetings
The City of Pleasanton can provide special assistance for persons with disabilities to participate in public meetings. To make a request for a disability-related modification or accommodation (e.g., an assistive listening device), please contact the City Clerk’s Office at 123 Main Street, Pleasanton, CA 94566 or (925) 931-5027 at the earliest possible time. If you need sign language assistance, please provide at least two working days’ notice prior to the meeting date.
Item #1
CITY COUNCIL AGENDA REPORT
May 21, 2024
Public Works - Engineering Division
TITLE: ADOPT RESOLUTIONS APPROVING THE ENGINEER’S REPORTS FOR THE
GEOLOGIC HAZARD ABATEMENT DISTRICTS (GHADS) FOR LAUREL CREEK, MOLLER RANCH, LEMOINE RANCH, AND OAK TREE FARM; DECLARING THE BOARD’S INTENTION TO ASSESS THE PROPERTIES FOR THE COST TO OPERATE AND MAINTAIN THE DISTRICTS; AND SETTING JUNE 18, 2024, AT 6:55 P.M., AS THE DATE AND TIME FOR THE PUBLIC HEARING
SUMMARY
A Geologic Hazard Abatement District (GHAD) is a property tax assessment district formed to fund monitoring, maintenance, and repair of open space hillsides and related storm drainage infrastructure within neighborhoods subject to landslides or other unexpected geologic movement. Each of the four GHADs in Pleasanton is defined by a geographic boundary. The four GHADs are located west of Foothill Road, listed from north to south, are Laurel Creek, Moller Ranch, Lemoine Ranch, and Oak Tree Farm.
The source of funding for the four GHADs is an annual tax assessment on properties within each geographic boundary. This report proposes levying assessments on those properties for the upcoming 2024-25 tax year. It is recommended that all four GHADs have their annual assessment increased by the allowable two percent.
RECOMMENDATION
Adopt resolutions approving the Engineer's Reports for the geologic hazard abatement districts (GHADs) for Laurel Creek, Moller Ranch, Lemoine Ranch, and Oak Tree Farm; declaring the Board's intention to assess the properties for the cost to operate and maintain the districts; and setting June 18, 2024, at 6:55 p.m., as the date and time for the public hearing; and direct the Clerk of the Districts to mail a notice of the public hearing to the owners of real property located within each GHAD.
BACKGROUND
Geologic Hazard Abatement Districts (GHADs) are authorized by California Public Resources Code §26500. Like any special tax assessment district, a GHAD assesses property owners for a benefit they receive that is special to them. In Pleasanton, property owners within the GHADs benefit from having the City monitor and repair landslides or similar geologic damage that may occur unexpectedly in their neighborhoods. The GHADs provide needed funding for the City to conduct bi-annual inspections as well as annual maintenance of slope ditches and downstream drainage networks to lessen the likelihood of landslide occurrence. If a landslide should occur, reserve funds within the GHADs can offset the repair costs. In the absence of the GHADs, landslides could threaten homes and critical infrastructure within each neighborhood, with few viable funding options to mitigate the damage.
GHADs are formed when a geotechnical investigation associated with the development of the
neighborhood reveals hillside areas that are unsuitable for housing due to underlying geologic issues that are costly for a developer to address. These unsuitable areas are set aside as open spaces. The developer is then obligated to construct drainage infrastructure and similar features designed to lessen the likelihood of landslides and address the impact should a landslide occur. GHAD formation also requires a Plan of Control that identifies the drainage infrastructure to be monitored and maintained and assigns expected costs for this work. The Plan of Control also recommends a reserve account funded by the developer to be used in the event damage occurs.
The City Council has been designated as the Board of Directors for each GHAD and is responsible for oversight of GHAD funding to ensure assessments are only utilized as prescribed in the Plan of Control. The Board must also authorize annual assessment increases based on submitted Engineer’s Reports. Due to California Proposition 218 from November 1996, assessment increases must follow the escalation clause within each Plan of Control, limiting the increases to not more than two percent each year.
This procedure requires the Board of Directors to:
1. Convene as the Board for the Laurel Creek, Moller Ranch, Lemoine Ranch, and Oak Tree Farm GHADs.
2. Adopt a resolution approving the Engineer's Reports for each GHAD; approving and declaring the Board's intention to assess the properties within the GHADs for the costs to operate and maintain the infrastructure.
3. Set June 18, 2024, as the date of the public hearing for the Board to hear protests concerning the proposed assessments.
4. Direct the Clerk of the Districts to mail a notice of the public hearing to the owners of real property located within each GHAD.
DISCUSSION
The annual assessments can be adjusted yearly according to the Construction Cost Index (CCI) for the San Francisco Bay Area as published by Engineering News Record (ENR), a nationwide construction trades magazine. Because the CCI exceeded two percent during the past year (7.8%), the Engineer’s Reports recommend a two percent assessment increase for each GHAD.
The table below lists (A) the number of parcels within each GHAD that are subject to assessment, (B) the proposed assessment amount for the coming year, (C) the projected total revenue, (D) the anticipated operational expenses, (E) the excess revenue to be deposited to reserve accounts, and (F) the total current fund reserve. The reserve assumes a significant repair of the hillside slopes will be needed once every 10 years. For the upcoming year, a portion of each reserve account will be utilized to fund a deferred maintenance project based on deficiencies discovered during bi-annual monitoring. Although the reserve accounts will continue to have positive balances, needed upgrades to drainage infrastructure will eventually deplete the reserves such that supplemental funding may be needed in the future to respond to a significant geologic event. To address this, staff will develop a plan intended replenish the reserve funds which will likely include an increase in the proposed annual assessment.
GHAD
Name
Number
of Parcels
(A)
Proposed
Annual
Assessment
(B)
Projected
Revenue
(C = A X B
+ interest)
Anticipated
Operational
Expenses
(D)
Deposit to
Fund
Reserve
(E = D – C)
Total
Current
Fund
Reserve
(F)
Laurel
Creek
121 $432 $65,272 $93,005 <$27,733> $1,080,483
Moller
Ranch
100 $133 $15,000 $56,304 <$41,304> $121,749
Lemoine
Ranch
12 $780 $10,760 $30,323 <$19,563> $99,361
Oak Tree
Farm
42 $355 $15,910 $37,696 <$21,786> $117,057
Totals $106,942 $217,328 <$110,386> $1,418,650
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Maintenance work within each GHAD is categorically exempt from CEQA under Guidelines Section 15302, “Replacement or Reconstruction.”
EQUITY AND SUSTAINABILITY
Not applicable, as this item is a routine matter of City business.
OUTREACH
Notices will be sent to owners of real property within each GHAD informing them of the date and time of the public hearing for the Board to hear any protests concerning the proposed assessments.
STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide ONE Pleasanton strategic plan goal of Funding our Future to support financial health and sound fiscal policies through long-term planning, cost recovery, increased revenue and cost containment.
FISCAL IMPACT
The GHAD Division is a Special Revenue Fund in the FY 2023/24 and FY 2024/25 Operating Budget for Engineering/Public Works Department. The budget anticipated $88,929 in Total Division Revenues and $195,557 in Total Division Expenditures. Special Revenue Funds allocated to the GHAD Division can only be spent within the GHAD program, and specifically within the individual GHAD where the assessments were collected (i.e., no commingling). The increase in expenditure shown in the budget was due to a landslide that occurred within the Laurel Creek GHAD where reserves will be used to fund a future repair.
Prepared by: Submitted by: Approved by:
Michael Stella, Senior Civil
Engineer
Siew-Chin Yeong, Director of Public
Works
Gerry Beaudin, City
Manager
Attachments:
1. Resolution to Approve Engineer’s Report & Assessments (Laurel Creek GHAD)
2. Resolution to Approve Engineer’s Report & Assessments (Moller Ranch GHAD)
3. Resolution to Approve Engineer's Report & Assessments (Lemoine Ranch GHAD)
4. Resolution to Approve Engineer's Report & Assessments (Oak Tree Farm GHAD)
RESOLUTION NO. GHAD 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AS BOARD
OF DIRECTORS OF THE LAUREL CREEK GEOLOGIC HAZARD ABATEMENT DISTRICT DECLARING THE BOARD'S INTENTION TO APPROVE THE ENGINEER’S
REPORT AND RECOMMENDED ASSESSMENTS WITHIN THE LAUREL CREEK
GEOLOGIC HAZARD ABATEMENT DISTRICT
WHEREAS, on November 18, 1997, the City Council of the City of Pleasanton adopted Resolution No. 97-135, approving the formation of a geologic hazard abatement district ("GHAD") for the Laurel Creek project area and appointing the City Council as the Board of Directors for the GHAD; and
WHEREAS, on August 1, 2000, the City Council of the City of Pleasanton adopted Resolution No. 00-102 approving annexation of territory to the Laurel Creek Geologic Hazard Abatement District; and
WHEREAS, on July 20, 2004, the City Council of the City of Pleasanton adopted Resolution No. GHAD 04-010 approving a second annexation of territory to the Laurel Creek Geologic Hazard Abatement District; and
WHEREAS, in order to defray the costs and expenses of maintaining and operating GHAD improvements, it is necessary to provide a reliable source of GHAD funding; and WHEREAS, Public Resources Code §26650 et seq. authorizes, after a public hearing, the levy and collection of assessments upon benefited property within the GHAD to pay for the maintenance and operation of GHAD improvements; and
WHEREAS, attached hereto as Exhibit "A" is an Engineer’s Report prepared for the Board which sets forth the estimated budget for the 2024-25 fiscal year, the proposed estimated assessments to be levied each fiscal year against each parcel of property benefited within the GHAD, and a description of the method used in calculating the estimated assessments; and WHEREAS, the Board has reviewed and considered said report.
NOW, THEREFORE BE IT RESOLVED THAT THE BOARD OF DIRECTORS OF THE
LAUREL CREEK GEOLOGIC HAZARD ABATEMENT DISTRICT DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:
SECTION 1. The Board hereby approves the Engineer’s Report for the GHAD as set forth in Exhibit "A", including the estimated GHAD budget for the 2024-25 fiscal year set forth therein.
SECTION 2.The Board hereby declares its intention to order that the costs and expenses of maintaining and operating the GHAD improvements shall be assessed against the property within the GHAD benefited thereby.
SECTION 3.The Board hereby further declares its intention to assess against the property within the GHAD, for the 2024-25 fiscal year and for subsequent fiscal years, such amounts as set forth in Exhibit "A".
ATTACHMENT 1
SECTION 4.The Board hereby fixes June 18, 2024, at 6:55 p.m., 200 Old Bernal Avenue, Pleasanton, California, 94566, as the time and place for the hearing of protests to the proposed assessments.
SECTION 5.The Board hereby directs the Clerk of the Board to mail notices of said hearing pursuant to the provisions of Public Resources Code §26652.
SECTION 6.This resolution shall become effective immediately upon its passage and adoption.
SECTION 7. Clerk of the Board shall certify to the passage of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton, as the Board of Directors of the Laurel Creek Geologic Hazard Abatement District, at a meeting held on May 21, 2024.
I, Jocelyn Kwong, Clerk for the Laurel Creek GHAD, certify that the foregoing resolution was adopted by the Board of Directors at a meeting held on the 21st of May 2024 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_____________________________
Jocelyn Kwong, Clerk for the
Laurel Creek GHAD
APPROVED AS TO FORM: Dated:
___________________________
Daniel G. Sodergren, General Counsel
for the Laurel Creek GHAD
EXHIBIT A
ENGINEER’S REPORT
FOR THE
LAUREL CREEK GEOLOGIC HAZARD ABATEMENT DISTRICT
The undersigned, Engineer of the Laurel Creek geologic hazard abatement district ("GHAD"), hereby presents this Engineer’s Report pursuant to California Public Resources Code §26651. It sets forth the estimated GHAD budget for the 2024-25 fiscal year, the proposed estimated assessments to be levied this fiscal year against each parcel of property within the GHAD (Part I), the map of the area within the District and the parcels within it (Part II), and a description of the method used in formulating the estimated assessments (Part III).
It is proposed that the amounts set forth in Part I will be assessed against properties within the GHAD for the 2024-25 fiscal year. _______________________________
Michael Stella, P.E.
Engineer of the Laurel Creek GHAD
PART I.
LAUREL CREEK GEOLOGIC HAZARD ABATEMENT DISTRICT
PROJECTED BUDGET
2024-25 FISCAL YEAR
A. PROJECTED INCOME
Annual Income:
119 Single-Family Residential Lots
Tract 6400, Tract 6590,
Tract 7045 & Tract 6951 @ $432.00 $51,408.00
2 Laurel Creek Water Reservoir Parcels
Tract 6400 (Portion of Parcel B & Parcel L) @ $432.00 $864.00 Remaining Parcels –
Tract 6400 (Parcels A, B, D, F, G, H, I, K, N & O)
Tract 6590 (Parcels A & B)
Tract 6951 (Parcels B, D)
Tract 7045 (Parcel A) $0.00
Interest Income $13,000.00
TOTAL: $65,272.00
B. PROJECTED EXPENSES
Geologic and/or Geotechnical Engineering Consultant $30,210.00* Repair and maintenance (per Plan of Control) $59,100.00 City Review and Inspection $4,478.00
County Administration -$783.00
Reserve -$27,733
TOTAL $65,272.00
C. ASSESSMENT:
Rate per Single Family Residential Lot/Reservoir $432.00 *Consultant costs are higher than usual due to needed landslide repair within the Laurel Creek GHAD.
Reserves will fund this effort.
PART II.
PART III.
LAUREL CREEK GEOLOGIC HAZARD ABATEMENT DISTRICT
METHOD USED IN FORMULATING ASSESSMENTS
A geologic hazard abatement district ("GHAD") is essentially a benefit assessment district. The proposed estimated assessments set forth in Part I above are based on the fact that the GHAD is comprised of the following land uses:
Single Family Residential Lots:
Tract 6400 (Lots 1 to 61)
Tract 6590 (Lots 1 to 39)
Tract 7045 (Lots 1 to 7)
Tract 6951 (Lots 1 to 12)
Open Space, Access, or Private Park Parcels:
Tract 6400 (Parcels A, B, D, F, G, H, I, K, N & O)
Tract 6590 (Parcels A & B)
Tract 6951 (Parcels B, D)
Tract 7045 (Parcel A)
City Water Reservoirs:
Tract 6400 (Portion of Parcel B and Parcel L)
Each such land use, other than the open space, access, and private park parcels, share a similar amount of risk and benefit. For the purpose of formulating GHAD assessments, the benefits and burdens of the GHAD have been assessed equally to the 119 residential lots and two City water reservoir parcels.
The total proposed budget for the fiscal year of the District (2024-25), in the amount of $65,272.00, is allocated to the 119 residential lots and to the two City owned water reservoir parcels, and includes interest income.
RESOLUTION NO. GHAD 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AS BOARD
OF DIRECTORS OF THE MOLLER RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT DECLARING THE BOARD'S INTENTION TO APPROVE THE ENGINEER’S
REPORT AND RECOMMENDED ASSESSMENTS WITHIN THE MOLLER RANCH
GEOLOGIC HAZARD ABATEMENT DISTRICT
WHEREAS, on August 15, 1995, the City Council of the City of Pleasanton adopted Resolution No. 95-92, approving the formation of a geologic hazard abatement district ("GHAD") for the Moller Ranch project area and appointing the City Council as the Board of Directors for the GHAD; and
WHEREAS, in order to defray the costs and expenses of maintaining and operating GHAD improvements, it is necessary to provide a reliable source of GHAD funding; and WHEREAS, Public Resources Code §26650 et seq. authorizes, after a public hearing, the levy and collection of assessments upon benefited property within the GHAD to pay for the maintenance and operation of GHAD improvements; and
WHEREAS, attached hereto as Exhibit "A" is an Engineer’s Report prepared for the Board which sets forth the estimated budget for the 2024-25 fiscal year, the proposed estimated assessments to be levied each fiscal year against each parcel of property benefited within the GHAD, and a description of the method used in calculating the estimated assessments; and WHEREAS, the Board has reviewed and considered said report.
NOW, THEREFORE BE IT RESOLVED THAT THE BOARD OF DIRECTORS OF THE
MOLLER RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:
SECTION 1. The Board hereby approves the Engineer’s Report for the GHAD as set forth in Exhibit "A", including the estimated GHAD budget for the 2024-25 fiscal year set forth therein.
SECTION 2.The Board hereby declares its intention to order that the costs and expenses of maintaining and operating the GHAD improvements shall be assessed against the property within the GHAD benefited thereby.
SECTION 3.The Board hereby further declares its intention to assess against the property within the GHAD, for the 2024-25 fiscal year and for subsequent fiscal years, such amounts as set forth in Exhibit "A".
SECTION 4.The Board hereby fixes June 18, 2024, at 6:55 p.m., 200 Old Bernal Avenue, Pleasanton, California, 94566, as the time and place for the hearing of protests to the proposed assessments.
SECTION 5.The Board hereby directs the Clerk of the Board to mail notices of said hearing pursuant to the provisions of Public Resources Code §26652.
ATTACHMENT 2
SECTION 6.This resolution shall become effective immediately upon its passage and adoption.
SECTION 7. Clerk of the Board shall certify to the passage of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Pleasanton, as the Board of Directors of the Moller Ranch Geologic Hazard Abatement District, at a meeting held on May 21, 2024.
I, Jocelyn Kwong, Clerk for the Moller Ranch GHAD, certify that the foregoing resolution was adopted by the Board of Directors at a meeting held on the 21st of May 2024 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_____________________________
Jocelyn Kwong, Clerk for the
Moller Ranch GHAD
APPROVED AS TO FORM: Dated:
___________________________
Daniel G. Sodergren, General Counsel
for the Moller Ranch GHAD
EXHIBIT A
ENGINEER’S REPORT
FOR THE
MOLLER RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT
The undersigned, Engineer of the Moller Ranch geologic hazard abatement district ("GHAD"), hereby presents this Engineer’s Report pursuant to California Public Resources Code §26651. It sets forth the estimated GHAD budget for the 2024-25 fiscal year, the proposed estimated assessments to be levied this fiscal year against each parcel of property within the GHAD (Part I), the map of the area within the District and the parcels within it (Part II), and a description of the method used in formulating the estimated assessments (Part III).
It is proposed that the amounts set forth in Part I will be assessed against properties within the GHAD for the 2024-25 fiscal year. _______________________________
Michael Stella, P.E.
Engineer of the Moller Ranch GHAD
PART I.
MOLLER RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT
PROJECTED BUDGET
2024-25 FISCAL YEAR
A. PROJECTED INCOME
Annual Income:
99 Single-Family Residential Lots
(Tract 6618) @ $133.00 $13,167.00
Moller Ranch Water Reservoir Parcel
(Tract 6618, Parcel I) @ $133.00 $133.00
Open Space and Trailhead Parking Parcels
(Tract 6618, Parcels A, B, C, D, E, F, G, & H) $0.00
Interest income $1,700.00
TOTAL: $15,000.00
B. PROJECTED EXPENSES
1. Geologic and/or Geotechnical
Engineering Consultant $6,386.00
2. Repair and maintenance
(per Plan of Control) $48,200.00
3. City Review and Inspection $1,836.00
4. County Administration -$118.00
5. Reserve -$41,304.00
TOTAL $15,000.00
C. ASSESSMENT:
Rate per Single Family
Residential Lot/Reservoir $133.00
PART II.
PART III.
MOLLER RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT
METHOD USED IN FORMULATING ASSESSMENTS
A geologic hazard abatement district ("GHAD") is essentially a benefit assessment district. The proposed estimated assessments set forth in Part I above are based on the fact that the GHAD is comprised of the following land uses:
Single Family Residential Lots:
Tract 6618 (Lots 1 to 99)
Open Space or Trailhead Parking Parcels:
Tract 6618 (Parcels A, B, C, D, E, F, G, & H)
City Water Reservoir:
Tract 6618 (Lot I)
Each such land use, other than the open space, access, and private park parcels, share a similar amount of risk and benefit. For the purpose of formulating GHAD assessments, the benefits and burdens of the GHAD have been assessed equally to the 99 residential lots and one City water reservoir parcel.
The total budget for the fiscal year of the District (2024-25), in the amount of $15,000.00, was allocated to the 99 residential lots and to the one City water reservoir parcel, and includes interest income. There was no allocation to the remaining open space or trailhead parking parcels.
RESOLUTION NO. GHAD 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AS BOARD
OF DIRECTORS OF THE LEMOINE RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT DECLARING THE BOARD'S INTENTION TO APPROVE THE ENGINEER’S
REPORT AND RECOMMENDED ASSESSMENTS WITHIN THE LEMOINE RANCH
GEOLOGIC HAZARD ABATEMENT DISTRICT
WHEREAS, on May 20, 2003, the City Council of the City of Pleasanton adopted Resolution No. 03-062, approving the formation of a geologic hazard abatement district ("GHAD") for the Lemoine Ranch project area and appointing the City Council as the Board of Directors for the GHAD; and
WHEREAS, in order to defray the costs and expenses of maintaining and operating GHAD improvements, it is necessary to provide a reliable source of GHAD funding; and WHEREAS, Public Resources Code §26650 et seq. authorizes, after a public hearing, the levy and collection of assessments upon benefited property within the GHAD to pay for the maintenance and operation of GHAD improvements; and
WHEREAS, attached hereto as Exhibit "A" is an Engineer’s Report prepared for the Board which sets forth the estimated budget for the 2024-25 fiscal year, the proposed estimated assessments to be levied each fiscal year against each parcel of property benefited within the GHAD, and a description of the method used in calculating the estimated assessments; and WHEREAS, the Board has reviewed and considered said report.
NOW, THEREFORE BE IT RESOLVED THAT THE BOARD OF DIRECTORS OF THE
LEMOINE RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:
SECTION 1. The Board hereby approves the Engineer’s Report for the GHAD as set forth in Exhibit "A", including the estimated GHAD budget for the 2024-25 fiscal year set forth therein.
SECTION 2.The Board hereby declares its intention to order that the costs and expenses of maintaining and operating the GHAD improvements shall be assessed against the property within the GHAD benefited thereby.
SECTION 3.The Board hereby further declares its intention to assess against the property within the GHAD, for the 2024-25 fiscal year and for subsequent fiscal years, such amounts as set forth in Exhibit "A".
SECTION 4.The Board hereby fixes June 18, 2024, at 6:55 p.m., 200 Old Bernal Avenue, Pleasanton, California, 94566, as the time and place for the hearing of protests to the proposed assessments.
SECTION 5.The Board hereby directs the Clerk of the Board to mail notices of said hearing pursuant to the provisions of Public Resources Code §26652.
ATTACHMENT 3
SECTION 6.This resolution shall become effective immediately upon its passage and adoption.
SECTION 7. Clerk of the Board shall certify to the passage of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Pleasanton, as the Board of Directors of the Lemoine Ranch Geologic Hazard Abatement District, at a meeting held on May 21, 2024.
I, Jocelyn Kwong, Clerk for the Lemoine Ranch GHAD, certify that the foregoing resolution was adopted by the Board of Directors at a meeting held on the 21st of May 2024 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_____________________________
Jocelyn Kwong, Clerk for the
Lemoine Ranch GHAD
APPROVED AS TO FORM: Dated:
___________________________
Daniel G. Sodergren, General Counsel
for the Lemoine Ranch GHAD
EXHIBIT A
ENGINEER’S REPORT
FOR THE
LEMOINE RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT
The undersigned, Engineer of the Lemoine Ranch geologic hazard abatement district ("GHAD"), hereby presents this Engineer’s Report pursuant to California Public Resources Code §26651. It sets forth the estimated GHAD budget for the 2024-25 fiscal year, the proposed estimated assessments to be levied this fiscal year against each parcel of property within the GHAD (Part I), the map of the area within the District and the parcels within it (Part II), and a description of the method used in formulating the estimated assessments (Part III).
It is proposed that the amounts set forth in Part I will be assessed against properties within the GHAD for the 2024-25 fiscal year. _______________________________
Michael Stella, P.E.
Engineer of Lemoine Ranch GHAD
PART I.
LEMOINE RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT
PROJECTED BUDGET
2024-25 FISCAL YEAR
A. PROJECTED INCOME
Annual Income:
12 Single-Family Residential Lots
(Tract 7176) @ $780.00 $9,360.00
Open Space and Private Road Parcel
(Tract 7176 Parcel A/River Rock Hill Road) $0.00
Interest income $1,400.00
TOTAL: $10,760.00
B. PROJECTED EXPENSES
1. Geologic and/or Geotechnical
Engineering Consultant $2,987.00
2. Repair and maintenance
(per Plan of Control) $25,500.00
3. City Review and Inspection $1,836.00
4. County Administration $0.00
5. Reserve -$19,563.00
TOTAL $10,760.00
C. ASSESSMENT: Rate per Single Family
Residential Lot $780.00
PART II.
PART III.
LEMOINE RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT
METHOD USED IN FORMULATING ASSESSMENTS
A geologic hazard abatement district ("GHAD") is essentially a benefit assessment district. The proposed estimated assessments set forth in Part I above are based on the fact that the GHAD is comprised of the following land uses:
Single Family Residential Lots:
Tract 7176 (Lots 1 to 12)
Open Space and Private Road Parcel:
Tract 7176 (Parcel A)
Each such land use, other than the open space and private road parcel, share a similar amount of risk and benefit. For the purpose of formulating GHAD assessments, the benefits and burdens of the GHAD have been assessed equally to the 12 residential lots.
The total budget for the fiscal year of the District (2024-25), in the amount of $10,760.00, was allocated to the 12 residential lots, and includes interest income. There was no allocation to the remaining parcel.
RESOLUTION NO. GHAD 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AS BOARD
OF DIRECTORS OF THE OAK TREE FARM GEOLOGIC HAZARD ABATEMENT DISTRICT DECLARING THE BOARD'S INTENTION TO APPROVE THE ENGINEER’S
REPORT AND RECOMMENDED ASSESSMENTS WITHIN THE OAK TREE FARM
GEOLOGIC HAZARD ABATEMENT DISTRICT
WHEREAS, on November 15, 1994, the City Council of the City of Pleasanton adopted Resolution No. 94-135, approving the formation of a geologic hazard abatement district ("GHAD") for the Oak Tree Farm project area and appointing the City Council as the Board of Directors for the GHAD; and
WHEREAS, in order to defray the costs and expenses of maintaining and operating GHAD improvements, it is necessary to provide a reliable source of GHAD funding; and WHEREAS, Public Resources Code §26650 et seq. authorizes, after a public hearing, the levy and collection of assessments upon benefited property within the GHAD to pay for the maintenance and operation of GHAD improvements; and
WHEREAS, attached hereto as Exhibit "A" is an Engineer’s Report prepared for the Board which sets forth the estimated budget for the 2024-25 fiscal year, the proposed estimated assessments to be levied each fiscal year against each parcel of property benefited within the GHAD, and a description of the method used in calculating the estimated assessments; and WHEREAS, the Board has reviewed and considered said report.
NOW, THEREFORE BE IT RESOLVED THAT THE BOARD OF DIRECTORS OF THE
OAK TREE FARM GEOLOGIC HAZARD ABATEMENT DISTRICT DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:
SECTION 1. The Board hereby approves the Engineer’s Report for the GHAD as set forth in Exhibit "A", including the estimated GHAD budget for the 2024-25 fiscal year set forth therein.
SECTION 2.The Board hereby declares its intention to order that the costs and expenses of maintaining and operating the GHAD improvements shall be assessed against the property within the GHAD benefited thereby.
SECTION 3.The Board hereby further declares its intention to assess against the property within the GHAD, for the 2024-25 fiscal year and for subsequent fiscal years, such amounts as set forth in Exhibit "A".
SECTION 4.The Board hereby fixes June 18, 2024, at 6:55 p.m., 200 Old Bernal Avenue, Pleasanton, California, 94566, as the time and place for the hearing of protests to the proposed assessments.
SECTION 5.The Board hereby directs the Clerk of the Board to mail notices of said hearing pursuant to the provisions of Public Resources Code §26652.
ATTACHMENT 4
SECTION 6.This resolution shall become effective immediately upon its passage and adoption.
SECTION 7. Clerk of the Board shall certify to the passage of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton, as the Board of Directors of the Oak Tree Farm Geologic Hazard Abatement District, at a meeting held on May 21, 2024.
I, Jocelyn Kwong, Clerk for the Oak Tree Farm GHAD, certify that the foregoing resolution was adopted by the Board of Directors at a meeting held on the 21st of May 2024 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_____________________________
Jocelyn Kwong, Clerk for the
Oak Tree Farm GHAD
APPROVED AS TO FORM: Dated:
___________________________
Daniel G. Sodergren, General Counsel
for the Oak Tree Farm GHAD
EXHIBIT A
ENGINEER’S REPORT
FOR THE
OAK TREE FARM GEOLOGIC HAZARD ABATEMENT DISTRICT
The undersigned, Engineer of the Oak Tree Farm geologic hazard abatement district ("GHAD"), hereby presents this Engineer’s Report pursuant to California Public Resources Code §26651. It sets forth the estimated GHAD budget for the 2024-25 fiscal year, the proposed estimated assessments to be levied this fiscal year against each parcel of property within the GHAD (Part I), the map of the area within the District and the parcels within it (Part II), and a description of the method used in formulating the estimated assessments (Part III).
It is proposed that the amounts set forth in Part I will be assessed against properties within the GHAD for the 2024-25 fiscal year. _______________________________
Michael Stella, P.E.
Engineer of Oak Tree Farm GHAD
PART I.
OAK TREE FARM GEOLOGIC HAZARD ABATEMENT DISTRICT
PROJECTED BUDGET
2024-25 FISCAL YEAR
A. PROJECTED INCOME
Annual Income:
41 Single-Family Residential Lots
(Tract 6563, 6748, and Parcel Map 8293) @ $355 $14,555.00 Sewage Lift Station Parcel
(Tract 6748) @ $355 $355.00
Open Space Parcels
(Tract 6563, Parcels A and C) $0.00
Interest income $1,000.00
TOTAL: $15,910.00
B. PROJECTED EXPENSES
1. Geologic and/or Geotechnical
Engineering Consultant $6,180.00
2. Repair and maintenance
(per Engineer's Estimate) $30,000.00
3. City Review and Inspection $1,844.00
4. County Administration -$328.00
5. Reserve -$21,786
TOTAL
$15,910.00
C. ASSESSMENT Rate per Single Family Residential Lot/ $355.00 Sewage Lift Station Parcel
PART II.
PART III.
OAK TREE FARM GEOLOGIC HAZARD ABATEMENT DISTRICT
METHOD USED IN FORMULATING ASSESSMENTS
A Geologic Hazard Abatement District ("GHAD") is essentially a benefit assessment district. The proposed estimated assessments set forth in Part I above are based on the fact that the GHAD is comprised of the following land uses:
Single Family Residential Lots:
Tract 6563 (Lots 1 to 21, 23 and Parcel B)
Tract 6748 (Lots 1 to 15)
Parcel Map 8293 (Parcels 1 to 3)
Sewage Lift Station Parcel:
Tract 6748 (Grant Deed by separate instrument)
Open Space Parcels:
Tract 6563 (Parcels A and C)
Each such land use, other than the open space parcels, share a similar amount of risk and benefit. For the purpose of formulating GHAD assessments, the benefits and burdens of the GHAD have been assessed equally to the 41 residential lots and City sewage lift station parcel.
The total budget for the fiscal year of the District (2024-25), in the amount of $15,910.00, is allocated to the 41 residential lots and to the City sewage lift station parcel, and includes interest income.