RESOURCE MANAGEMENT AGENCY - B. BARNES

Adopt Resolution Declaring San Benito County Subject to Geologic Hazard Abatement District (GHAD) Laws.

SBC FILE NUMBER: 790

RESOLUTION NO. 2016-23

The Beverly Act of 1979 (SB 1195) enabled formation of Geologic Hazard Abatement Districts (GHAD), potentially useful financial mechanisms for creating local assessment districts seeking to prevent, mitigate, abate, or control geologic hazards. The Act broadly defines "geologic hazard" as "an actual or threatened landslide, land subsidence, soil erosion, earthquake, or any other natural or unnatural movement of land or earth." The Act was originally drafted to allow for the formation of the Abalone Cove Landslide Abatement District in Rancho Palos Verdes, Los Angeles County. The 600-acre Abalone Cove landslide, which began moving in 1978, threatened over 100 homes upon and adjacent to it. The Beverly Act provided a mechanism for the Abalone Cove home owners to jointly finance abatement measures. A significant point is that it allowed them to treat the landslide as a single physical entity, irrespective of property boundaries.

GHADs have also been formed prior to platting and construction and then used as a mechanism to prevent geologic hazards, using assessed funds to pay for regular maintenance of drainage systems, routine reconnaissance, and timely repairs of any slope failures.

A GHAD may be proposed by one of two means: (1) a petition signed by owners of at least 10 percent of the real property in the district, or (2) by resolution of a local legislative body. A proposal for a GHAD must be accompanied by a "plan of control", prepared by a certified engineering geologist, "which describes in detail a geologic hazard, its location and the area affected thereby, and a plan for the prevention, mitigation, abatement, or control thereof".

The Act requires public hearings prior to district formation. (See attached flow chart.) If owners of more than 50 percent of the assessed valuation of the proposed district object to the formation, the legislative body must abandon the proceedings. If there are few objections, the legislative body may form the district, initially appointing five members to the board of directors. Thereafter, the district becomes an independent entity with an elected board of directors. A GHAD may issue bonds, purchase and dispose of property, acquire property by eminent domain, levy and collect assessments, sue and be sued, and construct and maintain improvements.

The matter presently before the Board is the foundation resolution, in which the Board recognizes that there are potential geologic hazards in the County and declares that it is subject to the GHAD law. This action enables the Board to establish GHADs on its own initiative and to receive petitions for establishment from property owners. This “intent” resolution in and of itself does not apply to any land, identify any specific potential hazard, or commit the Board to implementing any specific GHAD now or in the future.

The Development Agreement executed by the developers of the San Juan Oaks project and the County calls for formation of a GHAD for the San Juan Oaks property. The developers have submitted a petition for formation of the GHAD and a “plan of control”, which kicks off the process for creating that individual District, should the Board choose to adopt the GHAD strategy through the present enabling resolution.

Under State law, GHAD formation is exempt from review under the California Environmental Quality Act (CEQA). (Pub. Res. Code § 26559.) Also, improvements caused to be undertaken under the GHAD Law and all activities in furtherance or in connection therewith are exempt from review under CEQA. (Pub. Res. Code § 26601.)

Adopt Resolution declaring that the County is subject to the Geologic Hazard Abatement District Laws of California.