99-031RESOLUTION NO. 99R-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
INITIATING PROCEEDINGS FOR THE FORMATION OF THE SANTIAGO
GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO PUBLIC
RESOURCES CODE § 26558
WHEREAS, in or about January of 1993, a landslide in an area
of Anaheim Hills accelerated, prompting emergency mobilization and
actions by City employees and consultants to stabilize the earth
movement; and
WHEREAS, after the acceleration of the landslide, the City and
its consultants installed dewatering facilities, including but not
limited to horizontal wells, vertical wells, pumps, and associated
equipment on public and private properties in the vicinity of the
earth movement. These dewatering facilities were designed to, and
had the effect of, lowering elevated groundwater levels and
stabilizing the earth movement; and
WHEREAS, the City's geological consultants, Eberhart & Stone
and AGRA Earth and Environmental, based in part upon the findings
stated in a report dated June 28, 1996 (the "Eberhart & Stone
Report"), concluded that the landslide movement, other than the
separate failure of the slope adjacent to Pegasus Street, was
confined to an area of approximately 23 acres generally bounded in
the north by Georgetown Avenue, on the south by Avenida de
Santiago, and on the west by the Rimwood cul-de-sac, with the
eastern boundary located on an undeveloped acreage generally
between the Williams Circle cul-de-sac and the private property on
the north side of Avenida de Santiago (the "Santiago Landslide").
A neutral geologist appointed by the Orange County Superior Court,
Michael Hart, performed an independent investigation of the
landsliding and its boundaries, and testified that the landsliding
was confined to the approximately 23-acre area referred to in the
Eberhart & Stone Report as the Santiago Landslide (except for the
separate failure of the Pegasus slope). A map generally depicting
the Santiago Landslide and the separate Pegasus landslide is
attached as Exhibit "A"; and
WHEREAS, the Santiago Landslide was the subject of local,
state, and federal disaster declarations; and
WHEREAS, the Eberhart & Stone Report strongly emphasized that
continued stability of the Santiago Landslide is dependent on the
control of local groundwater, and that the dewatering system must
be effectively operated and carefully monitored indefinitely; and
WHEREAS, commencing on or about September 28, 1993, the City
was named as a defendant in lawsuits filed by owners of properties
in Anaheim Hills. It is anticipated that most of these lawsuits
will be settled pursuant to a proposed settlement whereby a fund of
2901012377-003613240747.2 a02/23/99
3.5 million dollars is proposed to be established to provide funds
for a geologic hazard abatement district to operate, maintain, and
repair such dewatering facilities and to take other actions as are
necessary to control groundwater levels to prevent reactivation
and/or to abate movement of the Santiago Landslide; and
WHEREAS, the City and representatives of numerous residents in
the vicinity of the Santiago Landslide have expressed a desire to
form a geologic hazard abatement district which would be available
to receive the anticipated fund of 3.5 million dollars and which
would be available to take over ownership, and to control,
maintain, repair, and install dewatering facilities necessary to
prevent reactivation and/or to abate movement of the Santiago
Landslide; and
WHEREAS, the representatives of various residents have
expressed their desire for the geologic hazard abatement district
to extend to areas beyond the Santiago landslide limits and the
Santiago landslide's groundwater infiltration area in order to have
a mechanism in place to raise funds and to take action to address
and mitigate other geologic hazards independent of the Santiago
landslide, in the event other geologic hazards ever pose a threat
to the area within the district boundaries.
NOW, THEREFORE, in consideration of the above-stated recitals,
the City Council of the City of Anaheim hereby resolves as follows:
Section 1. This Resolution is adopted pursuant to the
provisions of Division 17 (commencing with Section 26500) of the
Public Resources Code.
Section 2. The City Council has been presented with and
has reviewed a plan of control relating to the Santiago Landslide
and surrounding properties. Based upon the information contained
in the plan of control, the Eberhart & Stone Report, and the above-
stated recitals, as well as information acquired from the City's
consultants and the court-appointed geologist, the City Council
hereby determines that the public health, safety and welfare
require the formation of a geologic hazard abatement district, to
be known as the Santiago Geologic Hazard Abatement District. While
the District, if formed, will have the legal authority to address
other geologic problems within its boundaries which are independent
from the Santiago Landslide, the use of the above-described 3.5
million dollar fund which is anticipated to be created through
litigation settlements shall be restricted to activities which
materially and substantially promote the objective of controlling
groundwater levels to prevent reactivation and/or to abate movement
of the Santiago Landslide, or to pay administrative expenses
reasonably related thereto.
Section 3. The proposed boundaries of the Santiago
Geologic Hazard Abatement District are depicted in the attached
Exhibit "B".
290/012377-0036/3240747.2 a02/23/99 - 2 -
Section 4. A public hearing shall be held on the
determination set forth in Section 2 above and on the formation of
the Santiago Geologic Hazard Abatement District on March 16, 1999
at 6:00 p.m. at the Anaheim City Council Chambers, located at 200
S. Anaheim Boulevard, Anaheim, California. Notice of said public
hearing shall be mailed to all owners of real property included
within the proposed District boundaries in the manner and form as
is specified in Public Resources Code Sections 26561 through 26563.
Any objections to the formation of the District shall be in the
form as is prescribed by Public Resources Code Section 26564.
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the city of Anaheim this 23rd day of February, 1999.
/~-,
MAY R OF THE CITY OF EIM
ATTEST ~ , ~l ~- ~---
~~ ~ ~ ~.
CITY CLERK OF THE CITY OF ANAHEIM
290l012377-0036l3]A0747.2 a02l23199
-3-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-31 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 23rd day of February, 1999, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-31 on the 23rd day of February, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 23rd day of February, 1999.
~_
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Resolution No. 99R-31 was duly passed and adopted by the City Council of the City
of Anaheim on February 23rd, 1999.
n .. ~,_
CITY CLERK OF THE CITY OF ANAHEIM