99-050RESOLUTION N0. 99R-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM, CALIFORNIA, APPROVING THE
FORMATION OF, AND APPOINTING THE BOARD OF
DIRECTORS FOR, THE SANTIAGO GEOLOGIC HAZARD
ABATEMENT DISTRICT.
WHEREAS, on February 23, 1999, the City Council adopted
Resolution No. 99R-31, which initiated proceedings for the
formation of the Santiago Geologic Hazard Abatement District (the
"CHAD") and set a March 16, 1999 public hearing date to consider
such formation; and
WHEREAS, on February 24, 1999 written notice of the March
16, 1999 public hearing was mailed to all owners of real property
proposed to be included within the GHAD in accordance with Public
Resources Code section 26561 through 26563; and
WHEREAS, as of the date and time of the March 16, 1999
public hearing, the City had not received written objections to
the formation of the GRAD from the owners of greater than 50
percent of the assessed valuation of the properties located
within the boundaries of the proposed GRAD; and
WHEREAS, representatives of numerous property owners within
the boundaries of the proposed GHAD have expressed support for
the formation of the GHAD; and
WHEREAS, on February 24, 1999, the City posted a notice
_ concerning vacancies for the CHAD Board of Directors and
indicating that owners of real property within the proposed CHAD
boundaries who wish to serve on the Board may submit a request to
do so; and
WHEREAS, the City Council previously determined, based
partially on a Plan of Control prepared by City consultants
relating to the CHAD, that the public health, safety and welfare
require the formation of the CHAD; and
WHEREAS, on March 16, 1999, the City Council conducted a
public hearing pursuant to Public Resources Code sections 26565
through 26567 to take public testimony and to consider the
formation of the GHAD.
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NOW, THEREFORE, in consideration of the above-stated
recitals, the City Council of the City of Anaheim hereby resolves
as follows:
Section 1. That the Santiago Geologic Hazard Abatement
District is hereby formed, with boundaries as depicted in the
attached Exhibit "A".
Section 2. The following five owners of real property
located within the GHAD are hereby appointed as the initial Board
of Directors for the CHAD:
Louis Delmonico
Cliff Springmeier
William Collett
Shmuel Ben-Shmuel
David Salene
Section 3. The term of the initial Board of Directors
shall expire at noon on December 7, 2001, after which Directors
shall be elected for four-year terms pursuant to Public Resources
Code section 26583. Notwithstanding the expiration of the terms
of the initial Board of Directors, a Director shall hold office
until his or her successor has been elected and has qualified.
Section 4. A material purpose of the GHAD is to mitigate
the risk of reactivation of the Santiago landslide (the
approximate boundaries of which are also identified in the
attached Exhibit "A"), to own, maintain, operate, repair, and
fund the dewatering system which controls groundwater levels
affecting the stability of the Santiago landslide, to monitor
groundwater elevations and earth movement relating to the
Santiago landslide, and to evaluate the stability of the Santiago
landslide. The City anticipates that the GHAD will be provided
with approximately $3.5 million dollars as part of a settlement
of numerous lawsuits arising out of the Santiago landslide (the
"GHAD Distribution") The CHAD Distribution cannot be used to
fund activities or facilities which do not materially and
substantially promote the objective of stabilizing past, present,
and future land movement of the Santiago landslide.
Section 5. The GHAD boundaries are larger than the
boundaries of the Santiago landslide. The Plan of Control
identifies potential geologic hazards for areas outlying the
Santiago landslide other than those defined as existing for the
Santiago landslide. Inclusion of the outlying properties in the
CHAD is beneficial to those properties in that residents may have
concerns regarding geologic hazards due to proximity to the
Santiago landslide, and the CHAD provides a mechanism to address
and mitigate such future geologic hazards. However, the GHAD
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Distribution may only be used for the purpose set forth in
section 4 of this Resolution.
Section 6. Another material purpose for the formation of
the CHAD is for the CHAD to enter into a contract (the
"Contract") with the City whereby the CHAD shall assume
ownership, by April 30, 1999, of the dewatering facilities
installed by the City which control groundwater levels affecting
the Santiago landslide.
Section 7. The City Council declares that the conditions
stated in sections 4, 5, and 6 above are material conditions of
this Resolution forming the CHAD, pursuant to Public Resources
Code section 26567.1(a)(4), and that noncompliance with any of
said conditions could subject the GRAD to dissolution
proceedings.
Section 8. The GHAD shall hold its first Board meeting
not later than 15 days following the adoption of this Resolution.
The City Clerk is directed to provide public notice of this
meeting in accordance with applicable law. The GHAD Board shall
be permitted to use available City facilities, free of charge,
for meeting space during this first meeting. The meeting shall
be open to the public, and shall be conducted in accordance with
the Brown Act. (Gov't Code ~ 54950 et seg.) A person shall be
designated to take notes during the meeting and to prepare
detailed minutes concerning the subject matters discussed and any
actions taken by the Board. The meeting may, at the Board's
discretion, be electronically recorded or videotaped to aid in
the preparation of the minutes. Opportunity shall be given to
members of the public to address the Board on any item of
interest to the public, before or during the Board's
consideration of the item, that is within the subject matter
jurisdiction of the Board.
Section 9. At the first CHAD Board Meeting, the Board
shall conduct business which includes, but is not limited to, the
following:
(a) Selection of Chairperson and Vice-Chairperson;
(b) Selection of a Clerk, Treasurer, and any other
officers of the CHAD. The Clerk should not be a
Board member, but the Treasurer may be a Board
member;
(c) Adoption of Bylaws (the City shall provide the
CHAD Board with sample bylaws, which may be
amended at the Board's discretion);
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(d) Selection of meeting space and regular meeting
dates for subsequent Board meetings;
(e) Consideration and approval of the Contract with
the City;
(f) Approval and execution of the instruments by which
the CHAD will accept the property interests
conveyed by the City pursuant to the Contract;
(g) Consideration of utilizing the transition period
referenced in the Contract, whereby the City would
continue to operate and maintain the dewatering
facilities for a certain time period after GHAD
formation;
(h) Consideration of retaining professional
consultants, including but not limited to
geotechnical, legal, financial and administrative
consultants;
(i) Any other lawful business of the GRAD.
Section 10. The City Clerk is hereby authorized and
directed to administer the oath of office to the Directors and
Officers of the CHAD and to issue such certificates to such
officeholders as may be appropriate.
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 16th day of March, 1999.
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MAY R F THE CITY OF NAHEIM
ATTES~K~-6~CL~~ <--i "
CITY CLERK OF THE CITY OF ANAHEIM
296fi0.1\mslaught\March 16, 1999
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-50 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 16th day of March, 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-50 on the 16th day of March, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 16th day of March, 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-50 was duly passed and adopted by the City Council of the City
of Anaheim on March 16th, 1999.
CITY CLERK OF THE CITY OF ANAHEIM