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Home My WebLink AboutItem 3.2 Appoint Boardmembers (2) 1Q)~~l~~Cl' CllERK fIle # D[2]~[QJ{~]~ SCHAEfER RANCH GEOlOG~C HAZARID ABATEMIENT ID~STR~Cr AGIENIDA STArIEMIE~T ID~STR~CT BOARID MIEIET~~G DATIE lDecember 18,2007 SUBJECT Appomtment of President of the Board of DIrectors, lntenm DIStnCt Clerk, Intenm DIStnCt Treasurer, Intenm DIstnct Manager, and Intenm DIstnct Engmeer for the Schaefer Ranch Geologic Hazard Abatement DIstnct (GRAD) Report Prepared by Mehssa Morton PublIc Works DIrector for the City of Dublin ATTACHMENTS ResolutIon Appomtmg PresIdent of the Board of DIrectors, the City Clerk of the City of DublIn as the mtenrn DIstnct Clerk, the AdmmIstratIve ServIces DIrector of the CIty of Dublm as mtenm DIstnct Treasurer, the PublIc Works DIrector of the City of Dublm as the Intenm DIstnct Manager, and Enc Hdrrell of Engeo, lnc , as the Intenm Dlstnct Engmeer IRECOMM ENDA TION 1) 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 Dublm as the mtenm DIstnct Clerk, the AdminIstratIve ServIces Director of the CIty of DublIn as the mtenrn Dlstnct Treasurer, the Public Works DIrector of the CIty of Dublm as the mtenm Dlstnct Manager, and Enc Harrell of Bngeo, Inc, as the mtenm DIstnct Engmeer :3 ~ JFINANCIAL STATEMENT The servIces of the mtenm Dlstnct Manager, mtenrn Dlstnct Clerk and mtenm Dlstnct Treasurer Will be financed by the proposed Dlstnct assessment The mtenrn DIStnct Engmeer WIll be paId for dIrectly of by the Schaefer Ranch Developer DESCRIPTION DIvISIon 17 of the CalifornIa Pubhc Resources Code establIshes legal standards for Geologic Hazard Abatement Dlstnct ("GHAD") formatIOn, GHAD financmg and the scope of GHAD authonty (SectIOn 26500 et seq ) ("the GHAD law") -----------------------------------------------------------------------------------------~-~~-~._---~~------- cO> PY TO> Doug Chen, Schaefer Ranch, LLC ][TEM NO> 3.;L Page 1 of2 G \GHAD\S~h"eferIA5se;smelll Levy ResolutlOnl.!g;t appOlntmg mtenm officers DOC 0/ On December 5, 2006, the CIty CouncIl approved the formatIon of the Schaefer Ranch GRAD, which WIll mamtam and operate the vanous Improvements designated m the Schaefer Ranch Plan of Control ("the Improvements") The City CouncIl SIts as the Board of Directors ofthe Schaefer Ranch 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 InItIally be limIted to chamng meetIngs and slgOlng documents approved by the Board, such as resolutIons and contracts The Board may delegate additIonal authonty to the PresIdent at a later date The GRAD law reqUires that the Board of DIrectors appomt a Clerk of the DIstnct and a Treasurer of the Dlstnct CIty Staff IS proposIng that the CIty Clerk and the CIty AdmlOlstratlve Services DIrector be appomted as, respectIVely, the mtenm Dlstnct Clerk and the mtenm Dlstnct 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 appomted as the mtenm Dlstnct Manager The purpose of the appomtment of a Dlstnct 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 Dlstnct Smce Enc Harrell, Engeo, Inc, prepared the Engmeer's Report for the Schaefer Ranch GHAD assessments, It IS proposed that Mr Harrell be named Dlstnct EngIneer Staff believes that IllltIally 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 DIStnct accepts and begllls operatmg and mallltammg 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 Dlstnct Clerk and Dlstnct Treasurer 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 Dubhn as the mtenm DIstnct Clerk, the AdmmlstratIve ServIces DIrector of the CIty of DublIn as the mtenm Dlstnct Treasurer, the Pubhc Works Director of the CIty of Dublm as mtenm Dlstnct Manager, and Bnc Harrell, Engeo, Inc , as mtenm Dlstnct Bngmeer Page 2 of2 RESOLUTION NO -07 11c2 RESOLUTION OlF THE BOARD OlF THE SCHAEFER RANCH GEOLOGIC HAZARD ABATEMENT DISTR:o:CT ****************** APPOINTING A PRESIDENT OF THE BOARD OJF DIRECTORS, THE CITY CLERK: OF THE CITY OJF DUBLIN AS THE INTERIM DISTRICT CLERK, THE CITY OlF DUBLIN ADMINISTRATIVE SERVICES DIRI!:CTOR AS THE INTERIM DISTRICT TREASURER, THE CITY OF DUBLIN PUBLIC WORKS DIRECTOR AS THE INTERIM DISTRICT MANAGER, AND ERIC HARRELL, ENGEO, INC, AS THE INTERIM DiSTRICT ENGINEER WHEREAS, thIS ResolutIon IS adopted pursuant to the provISIOns of DIvIsion 17 (SectIOn 26500 et seq ) of the PublIc Resources Code, entItled "Geologic Hazard Abatement DIstncts" ("the GHAD law"), and WHEREAS, on December 5,2006, the CIty CounCIl of the CIty of Dublm approved ResolutIon No 224-07, whIch created the Schaefer Ranch GeolOgiC Hazard Abatement DIstnct ("Dlstnct") With the Board of Directors to consIst of the City CounCil of the City ofDublm, and WHEREAS, the GHAD law prOVIdes that the Board of Directors IS to appomt a DIstnct Clerk, a DIStnct Treasurer and Staff from the City of DublIn IS capable of serving m these roles on an mtenm baSIS untIl such tIme as a Dlstnct Mandger IS retamed, and WHEREAS, the GHAD law permIts the Board of Directors to appomt other officers of the DIstnct as may be appropnate, and CIty Staff has proposed that the Board of DIrectors appomt, on an Intenm basts, a DIStnct Manager and DIStnCt Engmeer, NOW, THEREFORE BE IT RESOLVED by the Board of DIrectors ofthe Schaefer Ranch GeologIC Hazard Abatement Dlstnct that Section 1 ApPOintment of Prest dent of the Board of DIrectors, DelegatIon The Board of Directors hereby appomts as the PreSIdent ofthe Board of Directors The PreSIdent shall chair meetmgs of the Board and may execute resolutions and other documents approved by the Board of Directors Pursuant to Public Rcsources Code sectIOn 26586, the Board of Duectors may delegate such other dutIes as It deems appropnate to the Board Presldent SectIOn 2 Appomtment ofIntenm Dlstnct Clerk The Board of Directors hereby appomts the City Clerk of the CIty ofDublm as the mtenm Dlstnct Clerk The Clerk 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 SectIOn 3 Appomtment of Intenm Dlstnct Treasurer The Board of Directors hereby appomts the Admmlstrahve ServIces DIrector of the City ofDubhn 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 :rt~tl: 3 "2-1P\L~10_7 1 - -- AlrlTTI &. crnrrOOIE r\fTI } '--< 0lO;f2 SectIOn 4 Appomtment of Intenm DIstnct Manager The Board of Directors hereby appomts the Public Works DIrector ofthe CIty ofDublm as the mtenrn DIStnct Manager The DIstnct Manager's dutIes shall mclude (a) managIng and dIrectmg, on an evcry day basIs, the GRAD operations and staff, (b) awardmg and executmg contracts, as may be approved by the Board, for repatrs, 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 DIStnct Engmeer The Board ofDuectors hereby appomts Ene Harrell, Engeo, Inc , as the mtenm Dlstnct Engmeer The DIstnct Engmeer's duties shall be lImited to the preparatIon of the reports referenced III 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 followmg vote AYES NAYS ABST AINED ABSENT President A TTBST DIStnct Clerk G IGHAD\SchaefenSchaefer Assessment Resolution Documents\ResolutlQn Appolnllng Intenm Officers DOC 2