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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