DATE: November 17, 2015
TO: Mayor and City Council
FROM: Director of Development Services
SUBJECT
Title
Adoption of a Resolution Declaring that the City of Hayward is Subject to the Geologic Hazard Abatement District Law
End
RECOMMENDATION
Recommendation
That the City Council adopts the attached Resolution (Attachment I) declaring that the City of Hayward is subject to the Geologic Hazard Abatement District Law.
BACKGROUND
The City of Hayward has conditioned the La Vista development (Tract 7620) to be included within a Geologic Hazard Abatement District (GHAD) to address on-site geologic hazards. State law authorizes GHADs 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).
DISCUSSION
Prior to the formation of any GHAD, State Law (Public Resources Code Section 26550) requires a legislative body to:
1. Adopt a resolution declaring that it is subject to the provisions of the GHAD law, and
2. Forward a copy of such resolution to the State Controller.
Once the City has taken these steps, it can initiate the formation of the Hayward GHAD for the proposed La Vista development and any other future developments.
Assuming that the City Council agrees to be subject to the Geologic Hazard Abatement District Law, a separate resolution will be presented to the City Council, at a future meeting, which will propose the actual formation of the Hayward GHAD or any future GHAD. The current resolution recommended by staff is simply a preliminary step that the City must take in order to exercise the powers authorized under the GHAD Law.
ALTERNATIVES
If the City of Hayward does not choose to subject itself to GHAD law, the La Vista development, which is conditioned to be within a GHAD, will have to:
1. Petition for annexation into a GHAD outside of the City of Haywar...
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