DATE: March 1, 2016
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT
Title
Public hearing to consider formation of the Hayward Geologic Hazard Abatement District (GHAD) related to the approved La Vista Development, and appointment of the Hayward GHAD Board of Directors
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RECOMMENDATION
Recommendation
Staff recommends that the City Council conducts a public hearing and determines if more than fifty percent of the owners of real property within the La Vista Development object to the formation of the Hayward GHAD; and, if that proves not to be the case, adopts the attached Resolution (Attachment I) forming the Hayward GHAD and appointing City Council members as the Hayward GHAD Board of Directors.
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BACKGROUND
In 2005, the Hayward City Council conditionally approved the 179-unit La Vista Development (Tract 7620), with a condition requiring that a Geologic Hazard Abatement District (GHAD) be formed to address on-site geologic hazards associated with the development. State law authorizes GHADs to be formed to prevent, mitigate, abate, or control geologic hazards. GHADs are typically financed by assessing property owners within their boundaries, subject to the restrictions of Proposition 218.
On June 12, 2008, the City Council approved a Development Agreement with La Vista LP. Section 4.5 of the Development Agreement commits the City to "cooperate with owner and take such additional actions as may be reasonably requested by owner to implement this Agreement, including but not limited to, formation of a Geologic Hazard Abatement District (GHAD) necessary to maintain and, if necessary, repair the lands within Parcel A as shown on the Vesting Tentative Map..."
On November 17, 2015, the City Council approved Resolution No. 15-224 (Attachment VI) committing the City of Hayward to be subject to the GHAD law and directed the City Clerk to forward a copy of the resolut...
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