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A - DRAFT Resolution

San Leandro City Council
October 5, 2026

Document
A - DRAFT Resolution
Meeting
October 5, 2026
Body
San Leandro City Council
Original file
707 KB
Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

IN THE SAN LEANDRO HILLSIDE GEOLOGIC HAZARD ABATEMENT DISTRICT RESOLUTION NO. 2026-XXX GHAD

RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN LEANDRO HILLSIDE GEOLOGIC

HAZARD ABATEMENT DISTRICT MAKING A FINDING THAT DISSOLUTION EFFORTS FAILED PURSUANT TO PUBLIC RESOURCES CODE SECTION 26567.1(B)

AND DECLARING THAT GHAD LIABILITY REMAINS WITH THE DISTRICT WHEREAS, on November 20, 2000, the City Council for the City of San Leandro adopted Resolution No. 2000-172 establishing the San Leandro Hillside Geologic Hazard Abatement District (“GHAD”) under the authority of the California Public Resources Code Division 17, Sections 26500- 26654, for the purpose of preventing, mitigating, and abating structural hazards caused by geologic hazards for 26 lots on Hillside Circle, in the Bay-O-Vista area of the City of San Leandro; and WHEREAS, on October 6, 2025, the Board of Directors adopted Resolution No. 2025-001, initiating dissolution procedures and scheduling a public hearing for November 17, 2025, to receive protests and consider ordering the dissolution of the GHAD; and WHEREAS, on November 17, 2025, a duly noticed public hearing was conducted, and the Board of Directors ordered the dissolution of the GHAD based upon the findings under Public Resources Code Section 26567.1, which were that:
a) The corporate powers of the GHAD have not been used, there is a reasonable probability that those powers will not be used in the future, and the district holds no significant liquid assets; and
b) The board of directors, by resolution passed by unanimous vote of the directors approved the dissolution of the district; and
c) The district has not levied or collected any assessments and holds no significant liquid assets; and
d) The district has not substantially complied with a material condition of the resolution of formation adopted by the legislative body; and
WHEREAS, a proposal for dissolution must be made by Board Resolution, setting a public hearing and opportunity for protest; and
WHEREAS, California Public Resources Code Section 26567.1(b) provides that an order of dissolution shall not become effective unless, within 90 days after a valid resolution ordering dissolution, approval of the owners of more than 50 percent of the assessed valuation of the real property in the district is obtained; and
WHEREAS, the 90-day statutory period following the November 17, 2025 hearing and order of dissolution has expired; and
DRAFT
RESOLUTION NO. 2026-XXX GHAD 2
WHEREAS, the District did not obtain the required approval of the owners of more than 50 percent of the assessed valuation of the real property within the district within said 90-day period.

NOW, THEREFORE, the Board of Directors of the San Leandro Hillside Geologic Hazard Abatement District does RESOLVE as follows:

1. Failure of Dissolution: The Board of Directors hereby finds and determines that, pursuant to Public Resources Code Section 26567.1(b), the proposed dissolution of the San Leandro Hillside Geologic Hazard Abatement District failed due to the lack of approval by owners representing more than 50 percent of the assessed valuation of real property in the district within 90 days of the resolution ordering dissolution; and

2. Retention of District Status and Liabilities: Because the statutory requirements for dissolution under Public Resources Code Section 26567.1(b) were not satisfied, the GHAD remains an active entity, and all ongoing duties, responsibilities, liabilities, and obligations shall remain with the GHAD; and

3. Notice: City staff acting as authorized agents for the GHAD are directed to record or file this Resolution with the appropriate local and state entities as necessary to reflect the failed dissolution status.

Passed and adopted by the Board of Directors of the San Leandro Hillside Geologic Hazard Abatement District on this 5th day of October 2026 by the following vote:

AYES: ()
NOES: ()
ABSENT: ()
ATTEST:

Sarah Bunting, CMC
Acting as an authorized agent
of the GHAD Board of Directors
DRAFT

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