
In a story today from the San Mateo County Times (Owners of apartments on crumbling Pacifica cliffs may have found a fix) we learn that one / some of the owners are considering requesting the creation of a special “Geologic Hazard Abatement District”. This special District would have the ability to get loans to pay the cost of a plan for the prevention, mitigation, or abatement of a geologic hazard. The loans are to be repaid by a special tax assessment on the property owners.
The City of Pacifica would create this special District, but would not have any financial responsibility for it.
Notes from Pacifica City Council’s Esplanade Study Session on February 10, 2010:
At the Esplanade Study Session on February 10th, the idea of a Geologic Hazard Assessment District was mentioned. At the time (according to my notes) it was described as a special property tax that would be used to make repairs or to remediate public property such as a street, sidewalk, gas, utilities, etc. but not parks. One of the key challenges to overcome in creating a District was isolating property proportion, i.e. charging property owners according to the benefit they require. It was said that it would require a minimum of 8 owners, though I do not know how that was determined. (See the section below listing property owners.) Bottom line: Property owners cover cost; Council votes to create the District.
I was not familiar with Geologic Hazard Abatement Districts, so I did some research. I’m not a lawyer, just a curious bystander. Anyway, here are some of my notes:
Creating the District
What is a Geologic Hazard Abatement District? It is comprised of the property owners who will BOTH benefit from the District, and pay for the District.
[26571] A district is comprised of an area specially benefited by
and subject to special assessment to pay the cost of an improvement.
Petition or Resolution. 10% or more of the property owners based on property valuation (not based on the number of owners).
[26550.5] Proceedings for the formation of a district may be
initiated by either of the following methods:
(a) A petition signed by owners of not less than 10 percent of the
real property to be included within the proposed district.
(b) By resolution of the legislative body.
A plan of control shall be attached to the petition.
Plan of Control
[26509] "Plan of control" means a report prepared by an engineering
geologist certificated pursuant to Section 7822 of the Business and
Professions Code or a firm of engineering geologists which describes
in detail a geologic hazard, its location and the area affected
thereby, and a plan for the prevention, mitigation, abatement, or
control thereof.
Enacting (or thwarting) the District
[26566] If it appears at the hearing that owners of more than 50
percent of the assessed valuation of the proposed district object to
the formation thereof, the legislative body shall thereupon close the
hearing and direct that proceedings for the formation of a district
be abandoned.
What the District Can Do
Levy and collect taxes
[26650] A district may levy and collect assessments pursuant to this
chapter to pay for the cost and expenses of the maintenance and
operation of any improvements acquired or constructed pursuant to
this division.
Use the money from the taxes / assessments to borrow money.
[26593] A district may borrow money from or otherwise incur an
indebtedness to a local agency, the state, any instrumentality or
political subdivision thereof, the federal government, or any private
source, and may comply with any conditions imposed upon the
incurring of that indebtedness.
Acquire, build and fix stuff
[26580] The district may:
(a) Acquire, construct, operate, manage, or maintain improvements
on public or private lands. Such improvements shall be with the
consent of the owner, unless effected by the exercise of eminent
domain pursuant to Section 26576.
(b) Accept such improvements undertaken by anyone.
Acquire property by eminent domain
[26576] Within the territorial limits of the district, or for the
purposes set forth in this division, a district may acquire real
property or any interest therein by eminent domain.
In addition, the District can hire staff, maintain an office, and be dissolved in various ways.
Property Owners
Following is my list of properties, but remember that by my reading the power of votes cast appear to be proportional to the assessed value of the property.
- 100 Palmetto, Joan Levin’s Dollar Radio property
- 200 through 224 Palmetto, Pacific View Villas
- 100 Esplanade, Lands End Apartments, Owned by Fowler Property Acquisitions, LLC (Gregory A. Fowler) and managed by Trinity Property Consultants, an affiliate of FPA. http://www.fpacquisitions.com/; http://www.landsendapts.com/; http://www.fftrinity.com/
- 310 and 320 Esplanade, Millard Tong
- 330 Esplanade, Farshid Samsami
- 340 Esplanade, Dennis Thomas
- 350 Esplanade, ?
- 360 and 380 Esplanade, The Bluffs at Pacifica, owned by Aimco Apartments, managed by it subsidiary Op Property Management, LLC http://www.thebluffsatpacifica.com/; http://www.aimcoapartments.com
Sources
These pages from the State Department of Conversation were quite helpful:
The quotes and links above were from the current code:
Current Code
From http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prc&codebody=&hits=20
DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS
CHAPTER 1.
DEFINITIONS ........................................ 26500-26512
CHAPTER 2. DISTRICT FORMATION
Article 1. Purpose ................................. 26525
Article 2. Lands Included .......................... 26530-26534
Article 3. Initiation of Proceedings ............... 26550-26560
Article 4. Notice and Hearing ...................... 26561-26567
CHAPTER 2.3.
DISTRICT DISSOLUTION ............................... 26567.1-26567.3
CHAPTER 2.5. EMERGENCY FORMATION
Article 1. Initiation of Proceedings ................ 26568-26568.3
Article 2. Notice and Hearing ...................... 26569-26569.4
Article 3. Nature of the District .................. 26569.5-26569.7
CHAPTER 3. NATURE AND POWERS OF THE DISTRICT
Article 1. Nature of the District .................. 26570-26573
Article 2. Powers of a District .................... 26574-26581
Article 3. Meetings ................................ 26582
Article 4. Officers ................................ 26583-26586
CHAPTER 4. FINANCES
Article 1. Improvement Act of 1911; Municipal Improvement
Act of 1913; Improvement Bond Act of 1915 ........... 26587-26590
Article 2. Financial Assistance .................... 26591-26595
CHAPTER 5. IMPROVEMENTS .............................. 26600-26601
CHAPTER 6. MAINTENANCE ............................... 26650-26654
For a complete chronology and links to many more photos see Evacuation underway at 330 Esplanade:
http://adequatebird.com/2009/12/17/evacuation-underway-at-330-esplanade/
See all of my pictures of the Esplanade crisis:
http://www.flickr.com/photos/chrisd2006/collections/72157622920945823/