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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. // // // // 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 -2- 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); -3- (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. ~~ 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