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HomeMy WebLinkAboutReso 216-07 FallonVlg GHAD Formation RESOLUTION NO. 216 - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN **************************************** RESOLUTION APPROVING THE FORMATION OF THE FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT 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 ~ode, this Council adopted Resolution No. 139-05, declaring the 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") was filed with the City Clerk, dated October 2, 2007, for the formation of the Fallon Village Geologic Hazard Abatement District ("GHAD" or "District"); and WHEREAS, on November 6, 2007, this City adopted Resolution No. 196-07 accepting the Petition and setting a hearing on the filed Petition on December 4,2007, 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 GRAD was held on December 4, 2007, at 7:00 pm, 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 GRAD 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 GRAD is exempt from the provisions of the California Environmental Quality Act (Public Resources Code ~~ 21000 et seq.) in accordance with Public Resources Code sections 21080(b)(4) and 26559; NOW, THEREFORE, BE IT RESOLVED THAT: Section 1. Pursuant to Public Resources Code section 26567, the Council hereby orders the formation of the GHAD, as described in the Petition. Section 2. Pursuant to Public Resources Code section 26567, the Council hereby appoints itself as the Board of Directors of the Fallon Village Geologic Hazard Abatement District (GHAD Board). 1 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 GRAD.. PASSED, APPROVED AND ADOPTED on this 4th day of December, 2007. AYES: Councilmembers Hildenbrand, Oravetz, Sbranti, Scholz and Mayor Lockhart NOES: None ABSTAIN: None ABSENT: None ATTEST: fihO t f- ~>t Deputy City Clerk 2