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Home My WebLink AboutItem 3.2 Appoint Boardmembers [D)~~r!R~cr CllElRK f~le # D[3]~~c{~][D] fAllON V~llAGIE GIEOlOG~C HAZARD ABATEMIENlT DISTRICT AGIE~DA STATIEMIE~T D~SiTR~CT BOARD MIEIET~~G DA11E lDlecember 18, 2007 SUBJECT Appomtment of President of the Board of Duectors, Intenm Distnct Clerk, Intenm Dlstnct Treasurer, Intenm DIStnCt Manager, and Intenm DIstnct Engmeer for the Fallon Village Geologic Hazard Abatement Dlstnct (GHAD) Report Prepared by Melissa Morton, Public Works Dlrector..vf'YfAJ for the City of Dublin 7 I -" · - \ A Tf ACHMEN'fS ResolutIOn Appomtmg PresIdent of the Board of Directors, the City Clerk of the CIty of DublIn as the Intenm Dlstnct Clerk, the AdmInIstratIve ServIces Duector of the City ofDubhn as the Intenm Dlstnct Treasurer, the Pubhc Works DIrector of the CIty of Dubhn as the Intenrn Dlstnct Manager, and Enc Harrell of Engeo, Inc , as the Intenm DIStnCt Engmeer RECOMMENDATION hi 1) ;.:yv y 2) ~ Appomt one of the Boardmernbers as Board PresIdent, and Adopt the ResolutIOn Appomtmg the President of the Board of Directors, the City Clerk of the City of DublIn as the mtenm DIstnct Clerk, the AdmmIstratIve ServIces Director of the CIty of Dublm as the mtenrn Dlstnct Treasurer, the PublIc Works Director of the City of DublIn as the mtenm Distnct Manager, and Enc Harrell of Engeo, Inc , as the mtenm DIstnet Engmeer FINANCIAL STATEMENT The servIces of the mtenm DIstnet Manager, mtenm Dlstnct Clerk, and mtenrn Dlstnct Treasurer will be financed by the proposed DIStrIct assessment The mtenm Dlstnct Engmeer will be paid for dIrectly by the Fallon VIllage Developers DESCRllPT.n.ON DIVIsIOn 17 of the CalIforma Pubhc Resources Code establishes legal standards for GeologIc Hazard Abatement Dlstnct ("GHAD") formatIOn, GHAD financmg and the scope ofGHAD authonty (SectIOn 26500 et seq ) ("the GHAD law") ---------------------------------~~----------~---------------------------~-----------------~----~------------ COpy 1'0 EDPO Property Owners Page 1 of2 ll1'EM NO .8~ fL G \GHADIJ allan Vlllagc\Fallon VIllage Assessemnl Levy\agst appomtmg mtcnm ofllcers DOC (y On December 4,2007, the City Council approved the formatIOn of the Fallon VIllage GHAD, WhIch wIll maIntam and operate the vanous Improvements desIgnated m the Fallon VIllage Plan of Control ("the Improvements") The CIty Council SitS as the Board of Directors of the Fallon Village GHAD Although not specifically reqUired by the GHAD law, City Staff IS recommendmg that the Board appomt one of Its members as the Board PreSIdent The duties of the PreSident would mItIally be lImited to chamng meetmgs and sIgmng documents approved by the Board, such as resolutions and contracts The Board may delegate addItional authonty to the PreSIdent at a later date The GHAD law reqUIres that the Board of DIrectors appomt a Clerk of the DIstnct and a Treasurer of the Distnct City Staff IS proposmg that the CIty Clerk and the City AdmmIstratIve Services Director be appomted as, respectively, the mtenm Dlstnct Clerk and the mtenm Distnct Treasurer In addItion, City Staff IS recommendmg that the Board of DIrectors appomt an mtenm Distnct Manager and mtenm Dlstnct Engmeer On an mtenm basIs, It IS recommended that the Public Works DIrector be appoInted as the mtenm Distnct Manager The purpose of the appomtment of a Distnct Engmeer IS merely to ensure complIance with the GHAD law The reqUirements of the GHAD law for the levy of assessments stipulate that the Engmeer's Report supportmg the assessments be prepared by an officer of the DIstnct Smce Enc Harrell, Engeo, Inc , prepared the Engmeer's Report for the Fallon VIllage GHAD assessments, it is proposed that Mr Harrell be named DIStrIct Engmeer Staff believes that Imtlally It is appropnate for the Board of DIrectors to deSignate Staff as officers on an mtenm baSIS These appomtments, some of whIch are reqUired by the GHAD law, WIll allow the Dlstnct to proceed WIth the levymg and collectIOn of the proposed assessments that Will fund the operatIOn and mamtenance of the Improvements Once the DIstrIct accepts and begms operatmg and mamtammg the Improvements, Staff anticipates recommendmg to the Board that It retam an mdependent GHAD Manager, who WIll be funded by the assessment proceeds The GHAD Manager can make a recommendatIOn regardmg the appropnate persons or firms to serve as the Distnct Clerk, DIstnct Treasurer and Dlstnct Engmeer Staff recommends that the Board of Directors 1) appomt one of the Boardmembers as Board PreSIdent, and 2) adopt the resolutIOn confirmmg the appomtment of Board PreSident, the City Clerk of the CIty of Dublm as the mtenm DIstnct Clerk, the AdmmIstratIve Services DIrector of the CIty of DublIn as the mtenm Distnct Treasurer, the Public Works DIrector of the City of Dublm as mtenm DIstnct Manager, and Ene Harrell, Engeo, Inc , as mtenm Dlstnct Engmeer Page 2 of2 I ~.z RESOLUTiON NO -07 RESOLUHON OF THE BOARD OF THE FALLON ViLLAGE GEOLOGiC HAZARD AlBATEMENT DiSTR[CT ****************** APPOINTiNG A PRESiDENT OF THE BOAJRID OJ!? DIRECTORS, THE CiTY CLERK OF THE CiTY OF DUBLiN AS THE iNl'ERllM DISTRICf CLERK, THE CITY OF DUBLIN ADMINiSTRATIVE SERVICES DIRECTOR AS THE IlNTERJ[M DISTRJ[CT TREASURER, THE CITY OF DUBLIN PUBLiC WORKS DJIRECTOR AS THE n:NTERJ[M DIlSTRllCT MANAGER, AND ERllC HARRJELL, ENGJEO, IlNC, AS THE INTERIM DllSTRJ[CT ENGINEER WHEREAS, thiS ResolutIon lS adopted pursuant to the proVISIons ofDlv1slOn 17 (SectIon 26500 et seq ) of the PublIc Resources Code, entItled "GeologiC Hazard Abatement D1stncts" ("the GHAD law"), and WHEREAS, on December 4,2007, the CIty Counc1l of the City ofDublm approved ResolutIOn No 216407, which created the Fallon VIllage GeologIc Hazard Abatement DIstnct ("DIstnct") WIth the Board of Directors to conS1st of the City Coune1l of the CIty ofDublm, and WHEREAS, the GRAD law provides that the Board of Directors is to appomt a Distnct Clerk, a DIstnct Treasurer and Staff from the CIty of Dubhn IS capable of servmg m these roles on an mtenm basls until such time as a DIstnct Manager is retamed, and WHEREAS, the GRAD law permits the Board of DIrectors to appomt other officers of the Dlstnct as may be appropnate, and City Staff has proposed that the Board of Directors appomt, on an Illtenm baSIS, a DIstnct Manager and Dlstnct Engmeer, NOW, THEREFORE BE rf RESOLVED by the Board of Directors of the Fallon VIllage GeologiC Hazard Abatement Dlstnct that SectIOn 1 ApPOIntment of PresIdent of the Board of DIrectors, DelegatlOn The Board of Directors hereby appoInts as the PresIdent of the Board ofDlfectors The PresIdent shall chair meetmgs ofthe Board and may execute resolutlOns and other documents approved by the Board of DIrectors Pursuant to PublIc Resources Code sectIOn 26586, the Board of D1rectors may delegate such other dutIes as It deems appropnate to the Board President SectIOn 2 Appomtment of Intenm Dlstnct Clerk The Board of Duectors hereby appomts the CIty Clerk of the City of DublIn as the mtenm D1stnct Clerk The Clerk shall have such dutIes as are set forth III the GHAD law and as may from time to tIme be directed or delegated by the Board of DIrectors SectIOn 3 ApPOIntment of Intenm Distnct Treasurer The Board of Directors hereby appoInts the AdmmIstratIve ServIces Director of the City of DublIn as the mtenm DIstnct Treasurer The Treasurer shall have such dutIes as are set forth m the GHAD law and as may from time to time be directed or delegated by the Board of Directors J~4!" 3,2 I "2.--ll~IQl &. 11"rr A CI:OO:&'llIE:ru1I'_ ~ ~c2 SectIOn 4 Appomtment of Intenm Distnct Manager The Board of Duectors hereby appomts the Pubhc Works Duector of the City of Dub 1m as the mtenm Dlstnct Manager The Distnct Manager's duties shall mclude (a) managmg and dIrectmg, on an every day basIs, the GRAD operatIons and staff, (b) awardmg and executmg contracts, as may be approved by the Board, for repaIrs, mamtenance and improvement proJects, wIthm the GHAD and for profeSSIOnal and support serVices, and (c) such other powers as may be delegated from time to time by the Board of DIrectors SectIOn 5 Appomtment of Intenm Dlstnct Engmeer The Board of DIrectors hereby appomts Ene Harrell, Engeo, Inc , as the mtenm DIStnct Engmeer The DIStrIct Engmeer's duties shall be lImited to the preparatIon of the reports referenced m Public Resources Code SectIOn 26651 SectIOn 6 CertIficatIon The Dlstnct Clerk shall certIfy the adoption of thIS ResolutIOn Section 7 Effective Date ThIS ResolutIOn shall take effect Immediately upon adoptIon PASSED AND ADOPTED on the 18th day of December, 2007, by the [ollowmg vote AYES NAYS ABSTAINED ABSENT PresIdent ATTEST DIstnct Clerk G \GHAD\Fallo~ Vlllage\Fallo~ Village Assessem~t Levy\Resolutlo~ Appolntmg Inlenm Officers DOC 2