HomeMy WebLinkAboutReso 147-11 GHAD Fallon CrossingRESOLUTION NO. 147 -11
A RESOLUTION OF THE CITY COUIVCIL
OF THE CITY OF DUBLIN
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APPROVING THE FORMATION OF THE
FALLON CROSSINGS GEOLOGIC HAZARD ABATEMENT DISTRICT, APPROVING THE
PLAN OF CONTROL, AND APPOINTING THE DUBLIN CITY COUNCIL
AS THE BOARD OF DIRECTORS
WHEREAS, on June 21, 2005, pursuant to the provisions of section 26550 of the Public
Resources Code, this City Council adopted Resolution No. 139-05, declaring the City Council to
be subject to the provision of Division 17 (§§ 26500-26654) of said Code, and forwarded a copy
of said Resolution to the State Controller; and
WHEREAS, pursuant to the provisions of Division 17 of the Public Resources Code, a
Petition ("Petition"), including a Plan of Control, was filed with the City Clerk, dated February 28,
2011, for the formation of the Fallon Crossings Geologic Hazard Abatement District ("GHAD" or
"District"); and
WHEREAS, on July 19, 2011, this City .adopted Resolution No. 115-11 accepting the
Petition and setting a hearing on the filed Petition on August 16, 2011, at 7:00 pm; and
WHEREAS, notice of the hearing was given pursuant to the provisions of Public
Resources Code sections 26561 through 26563; and
WHEREAS, a public hearing before the City Council on the formation of the GHAD was
held on August 16, 2011, at 7:00 p.m., pursuant to the requirements of section 26557 of the
Public Resources Code; and
WHEREAS, at the time set for the hearing, no owner of real property within the proposed
GHAD had made a written objection to its formation in accordance with the provision of Public
Resources Code sections 26564 through 26566; and
WHEREAS, at the hearing, the owners of more than 50 percent of the assessed
valuation of the GHAD did not object to the formation thereof, and the Board closed the hearing;
and
WHEREAS, the formation of the GHAD is exempt from the provisions of the California
Environmental Quality Act (Public Resources Code §§ 21000 et seq.) in accordance with Fublic
Resources Code sections 21080(b)(4) and 26559.
NOW, THEREFORE, BE IT RESOLVED THAT:
Section 1. Pursuant to Public Resources Code section 26567, the City Council hereby
orders the formation of the GHAD, as described in the Petition, and approves the Plan of
Control.
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Section 2. Pursuant to Public Resources Code section 26567, the City Council hereby
appoints itself as the Board of Directors of the Fallon Village Geologic Hazard Abatement
District (GHAD Board).
Section 3. This resolution shall become effective immediately upon its passage and
adoption. The GHAD shall become operational only after the parcels within the boundaries of
the GHAD have been successfully assessed in accordance with Public Resources Code section
26650 and Article XIII(D) of the California Constitution. The GHAD Board intends to adopt
separate resolutions to initiate the establishment and authorization of an assessment on the real
property included in the GHAD.
PASSED, APPROVED AND ADOPTED on this 16th day of August, 2011, by the
following vote
AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
IVOES: None
ABSTAIN: None
ABSENT: None
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Mayor
ATTEST:
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City Clerk
Reso No. 147-11, Adopted 8-16-11, Item 6.1 Page 2 of 2