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File #: LB 16-025   
Section: Legislative Business Status: Agenda Ready
Meeting Body: City Council
Agenda Date: 5/17/2016 Final action:
Subject: Board Consideration of appointment of the Chairperson, Clerk, Treasurer, Manager and Legal Counsel of the Hayward Geologic Hazard Abatement District (GHAD)
Attachments: 1. Attachment I GHAD Resolution, 2. Attachment II Resolution 16-030, 3. Attachment III Public Resources Code Sections 26583-26586, 4. Attachment IV GHAD Firms Qualifications.pdf
DATE: May 17, 2016

TO: Hayward Geologic Hazard Abatement District (GHAD) Board of Directors

FROM: Development Services Director

SUBJECT
Title
Board Consideration of appointment of the Chairperson, Clerk, Treasurer, Manager and Legal Counsel of the Hayward Geologic Hazard Abatement District (GHAD)
End

RECOMMENDATION
Recommendation
That the Hayward GHAD Board of Directors adopts the attached resolution appointing the Chair and Officers of the District.
Body

BACKGROUND

In 2005, the Hayward City Council conditionally approved the 179-unit La Vista development (Tract 7620), with a project condition of approval, and executed Development Agreement section, 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 November 17, 2015, the City Council approved Resolution No. 15-224, committing the City of Hayward to be subject to the GHAD law and directed the City Clerk to forward a copy of the resolution to the State Controller, which was done.
On January 26, 2016, a work session on GHADs was held before the City Council, during which staff and consultant Eric Harrell of ENGEO Incorporated provided an overview of GHADs and answered questions from the City Council. One key point that was discussed at the work session is that a preferred practice is to have as many GHAD staff as possible be hired consultants rather than City employees. This arrangement provides the maximum separation of financial responsibility between the GHAD and the City of Hayward as financial issues arise in the future. The extent of the City of Hayward's liability increases in proportion to the amount of control and involvement it has with...

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