This is forward.

In order to the city of San Leandro Facilities and Transportation Committee meeting today is Thursday, September 11th.

Madam Clark, would you please take role?

Council Member Sebo.

Present.

Council Member.

Present.

And present.

And if you would make your announcement.

After each agenda item that's presented, the mayor as for committee member comments and then to the public comment.

Would you like to see during public comment?

Please come be a speaker card, send it to the card before the items heard.

Members of the public will have two minutes to share their comments.

So right now we're at agenda item two.

Opportunity for the public to speak on items that are not on our agenda.

Do we have any cards?

So we'll close item number two and move to item number three.

I believe we've got public works administrator manager Tiffany Carrato.

Okay, I got that right.

To present on our new web page.

Hi everybody.

Sorry, sorry.

Testing.

Okay.

Hi everybody, my name is Tiffany Carrado.

I'm the Public Works Administrative Manager.

I am going to present today the City Projects web page.

So a need was identified based on needing information about city projects.

Oftentimes residents will drive around the city, see projects that are happening, go online, and sometimes find a difficult time, locating information on that project.

They may try calling staff, reaching out to the mayor, council members.

A great example is Memorial Park, which will be opening on September 26th.

But it may look like it's ready with the SOLID, and as you all know, it needs time to take route and become established.

But residents may be looking for that information.

That includes a capital improvement program map.

It's an interactive map.

You'll see on the screen that there's icons, those are supposed to represent the status stage of a project.

And then we also have a street maintenance map.

This is also an interactive map and it gives information on the pavement condition index of the city streets.

And then we have the adopted capital improvement program book.

This is always available on the website or through registrar agenda meetings.

You can navigate and find it, as a place to find information on city projects, but it's a little cumbersome to get through.

So what's missing?

We're looking to make enhancements to the interactive map and even the format of the capital improvement program book.

If you look at the last CIP book and compare it to this CIP book, you might see some stylistic differences, a kind of enhanced way of looking at the actual project.

And then as far as the interactive maps, we want to make sure not only does it look nice and it's easy to move through, but that we're giving regular updates, and giving kind of a fuller snapshot of a project.

So the response to this need right now is the new city projects web page.

The project pages include the cost, the funding, the goals of the project, and the schedule.

And I did want to add that as a precursor to the city projects website, you may have noticed that we're trying to utilize modules that the website offers, such as news flash, the splash splash page for alerts.

You may have no sit with the Bancroft app reconstruction project in particular.

So what's on the page, as you can see here, kind of you'll see that there's an overview, the schedule.

Since this presentation was put together, we've even added a graphic for the schedule.

You'll have the cost, the funding, photos, and status updates, which is one of the most noteworthy piece of these project pages.

So in the upper right hand corner of the page, we're aiming to provide weekly status updates.

And on those status updates, we're providing a anticipated next update.

If we um know it's not going to be weekly, so as I mentioned before, some of our ongoing efforts and goals is to keep info up to date.

Provide regular project status updates, and identify completed projects.

Give these traffic advisories for projects such as the Bancroft app, or we have lane closures, expand our interactive maps, and we're also taking a more um comprehensive look at our public works websites, and trying to find places that we can redesign it so it's just friendlier, gives clear, concise information, etc.

And we're really seeking feedback.

So this is an ever evolving website, not just the project's page, but the website as a whole.

Since we started, I think we started off with six.

You can see it's expanding.

There's a completed projects now, tile, so that all of these can live here as an archives.

Any questions?

Okay, so what we're gonna do is we're gonna take public comment on this item, then we'll come back for questions and commentary and exploration.

So is there any public comment on item three?

We have one public comment.

Please proceed.

Thank you.

Thank you.

All right, so uh I want to say that this is uh spec spectacular.

This was really helpful when the mancroft stuff was going on too.

The people even despite two letters to the Stanley Over Times from Mayor and multiple attempts to get the information out.

Um, there were still people who expected to not know and understand that, but it's been really helpful to have that kind of information available.

I really appreciate it.

Um I will say that it's easy to find this from the city's uh web home page, but it is really hard still to find the CIP stuff because you have to navigate through something called um engineering division, and I don't think most people know what the engineering division is, much less what they're gonna find there at that spot, and there's different ways of pulling down the different menus, and that's terrific, but I don't know how to fix that.

I don't know how you organize it or label it so that people know they kind of know what they're looking for, and they don't know where they can find it.

Um, another couple of things.

Um it definitely needs updating the um the program map when you click on the pins of the dollar signs.

There's stuff that's been you know has been updated since what's like 16 or 17.

I had a frustration, a little moment of frustration recently.

I was trying to find the Neptune drive project costs and one place that says 500,000, and then another place I found it says 5 million, there's a zero missing somewhere.

Um, okay, and here's the thing, street maintenance map is one of my favorite maps, as you probably know.

The major street names are really grayed out, hard to find, and there aren't enough major street names.

Like I'm looking for a studio and I can't find a studio.

Please proceed for two more minutes.

Okay, well, 30 seconds.

Um, so that's that I wish I had it's hard to see in a small laptop what's there, and then I also wish there was on there the estimated cost when we're repairing the roads so that people have some understanding that you know a red road is gonna cost you know, 10 times the cost of what uh what green road or something like that, right?

So uh they have some idea of how much money the cities has to pay to repair their road, and more patients with um with the city for repair.

Okay, thank you.

Thank you.

Okay, so with that, we will close public comment and come back to our council members, committee members for questions and discussion.

Beginning with Council Member Recibita.

Thank you for your presentation.

Yeah, the website's really been upgraded, it looks really good.

Um I agree with Sarah that the CIP people have asked me about that, they couldn't find that.

And the other thing is um I think we should have a link on the front on the beginning about um contact the council members because they're having some people have had difficulty trying to contact us.

They've contacted me and they said they're trying to get a hold of their council member and they they know where to click, and so it would be easier for that.

But other than that, yeah, it looks really good.

Thank you.

Thank you.

Council Member Bolt, yes.

Uh thank you for the presentation.

Um, much needed upgrades, and it looks good, but I will um I'm sure I mean you're trying to house an encyclopedia worth of information on one screen, so it's really hard to figure out how to what each person's gonna want and how to help them navigate to that specific spot.

But I think we do understand what the community is always asking for, and it's always the roads you know, for new projects, so having that kind of front and center because I went while um the presentation was going, and right now I played the game of going out and trying to go back in.

And you do have to navigate, and and that can get frustrating, but but I get it.

You have an encyclopedia.

You have 15 encyclopedias worth of information just on one screen.

So, how do you get to each page?

It's really hard.

I'm not an IT guy, I can't figure out how to, you know, I'm not the one to figure that out, but um, all the upgrades you guys have done have been amazing.

I it feels a lot more user-friendly than it did just say five or six years ago.

It was a lot harder to get through the website, so um I'm happy that we're here now.

Thank you, and um we'll take the time to add that we are working with my team to really fix those kind of issues with the interactive map and to expand that.

Okay, so on my side, obviously, I was a big proponent of this, so I'm glad that it's there.

Um, I do agree that part of what I have noticed, so much our public speaker is that the timeline to update some information, sometimes slow.

I know that there are some of those where you click, and it's got like a bi-weekly update, so it's not uniform across, but just being mindful of uh we could spend endless hours providing hourly updates if we wanted to, but it's like what's that right cadence?

And it probably varies by project, but having some sort of um rubric for assessing well, what is the right cadence for this project?

But I will say one thing when a project is late, information sharing has got to increase significantly.

Um if we anticipate a project being late, information has got to just flood the market, so to speak.

Uh, there should never be surprises on late projects.

People will be happy with early projects, and in fact, they might not even celebrate.

They just expect good things to happen.

But when bad news is coming, bad news should never be hidden because it's worse.

It turns into a you know some sort of uh calamity to the segment.

Um that's timeline to update.

The other thought that I have looking at our PCI map.

Because I know you you put it up there as an existing source, and I love those ArcGIS tools that we have, and it's just fantastic.

People can figure out what type of trees in their front yard if it's a city-owned tree.

Just great stuff.

I do believe we need to be, I'll just call it more, more committed to showing how bad the roads really are.

Uh the Metropolitan Transit Commission states that when a road reaches a PCI of 60, it has reached that point where costs are rapidly increasing.

We have a yellow cutoff, I believe, at 50.

We've got red at 25, which has failed.

I think that's kind of an agreement upon terminology.

But to me, yellow means we've got a problem.

And so I would very much encourage us to change our coloration such that yellow begins at 60.

And it can be orange.

I think the color orange stands out well, or maybe some shade of yellow orange.

I don't really care.

Uh just can't look red.

If we could do that to align to the people that actually support us through, we get a lot of funding from MTC and ATC and ACTC.

So just being mindful of that alignment, I think would be a wonderful thing.

But I do want to, I do want to thank the team.

I know that there was uh some significant interest in this over the summer, and you guys responded, and what you have delivered.

I think it's a really, really, really good first start, and now it's not about continuous improvement as opposed to having to create something from scratch.

Any questions from the senior staff over there seeking clarification or input or anything that we've said?

Just thank you so much for your feedback on your last point here.

I wanted to check with the engineering staff regarding the coloring, if they have any comments or response.

We're trying to stay um consistent with how the colors are being used with our other agencies, it's also with MTC, but we'll definitely look to see what.

So let's let's dig into that.

Because if MTC is telling the public that when a road reaches 60, that below 60 is not good because it's deteriorating very quickly.

Are you saying that MTC?

Um, so let's explore the distinction between what we have is orange and yellow.

What distinction does that serve?

What purpose does that serve?

Because we've got blue, green, yellow, orange, and red.

Because to me, like I think blue is the brand new one, or is green the blue is the brand new, right?

Everyone's excited, everyone wants to have all the roots be blue.

That's that'd be awesome, not realistic.

Then comes, oops, green.

Right?

Then comes green, which green, I think just by its nature feels like hey, this is good.

We should be happy with green.

Um then, you know, we're 60 and between 64 and 26.

I'm not I'm not really understanding what the huge distinction there is in terms of money to fix.

And I think to one of our commenters, I think it is true.

We had our consultant, MPC consultant come in here and say, look, guys, take care of those roads when they're at 70.

Keep them at 70, because once they get down into the 50s, you're in trouble.

So I'm just I'm trying to make sure that we don't make things in fact look better than they really are, because the public needs to understand that we have some significant issues.

Good evening, Mayor, urban chain, uh injury manager.

So I'm looking at the callers and the numbers, and I see maybe it's a little off by maybe five points compared to uh the software that MTC provided the cities to use.

And in that software, uh the numbers would determine uh the type that amount of money you need to fix the room.

So we can we will definitely take a closer look, align those numbers to exactly what the limits are, but we stay consistent with uh the MTC categories.

So MTC uses this categorization of five.

We can be collaborative here, people can just finish in.

I'm just trying to get my uh microphone on GC and my city engineer.

Uh thank you, engineering manager.

Uh, so this as in as manager changing reference, these categories do not particularly align with FTC's categories.

It does go from I think it's 70 to 79 is good.

Fair is 60 to 69, so 60, there's a threshold at 60, and anything below 60, I believe, is poor.

Uh yeah, 40.

Um, yeah, uh poor is 40 to 49, and at risk is 50 to 59.

So we we can re uh reevaluate how we categorize these and align it to the general PCI bands that they that they use to distinguish good, fair, poor, and at risk.

Uh but you are correct.

60 is typically a threshold, but our our uh map at this point does not distinguish that as a threshold.

So, I just think that I think it's good to be aligned to MTC as much as possible.

And then uh to our public commenter, I do think that if that software is spitting out, you know, per square foot, and we know what the square foot is of uh of our roads, right?

Some are really wide, some are really narrow.

Um, and if we don't have that, then yeah, through time we can acquire it.

We really have a good sense.

This road's gonna take two million dollars, this road's gonna take half a million dollars.

And to be able to just go to the public and if especially if that's database sized.

Oh my goodness, very quickly we can print out a little spreadsheet that says uh we've got 150 million dollars worth of need.

And anybody can do that, it's not like some secret that we're hiding.

And that really empowers the people to say, oh my goodness, we have a challenge, and the city's not hiding it anyway.

Not to suggest that we are, but just the easier that it is for people to come to terms with the truth, I think the better off that we're gonna be in the long run.

But again, thank you for your work because I think that I look at this kind of map and I'm proud that we have this kind of map map up on our website.

I look at the the fact that you can click on each one of those individual streets, and you can get information.

Proud of that.

The fact that we have a new web page, proud of that.

It's really about just kind of let's keep going, let's keep taking it to the next level.

We're making some really some really great strides in the transparency front.

Anything else?

So let's move on to our next item.

Thank you again.

Let's move to item two B on our agenda, which is the Hillside Drive Geological Hazard Abatement District.

And we've got uh senior engineer Dane Rogers to present this item.

All right, thank you.

Uh thank you, mayor, thank you, committee members, thank you, council, city manager, assistant manager, staff, and public.

My name is Dave Rogers, I'm a senior engineer of our main development, and uh I'll be presenting the hillside drive geological hazard baby industry update.

So we'll briefly give you an overview of the of the GAD, uh the history of the status, and the next steps uh to dissolve the GAT.

So as you can see in front of us, we have a map that shows the limits in the shaded area of the 26 homes that are within the Hillside Drive GAD.

It's a public agency formed by a community to provide management structure and to address landslide emergent and other hazards.

On here we have a timeline that shows you back in 1998 when we had the big Alino storms, and this area got about 200% of the precipitation that it normally gets.

And in 2022, the rest of that money was exhausted to do debris cleanup, putting down the tarps to help prevent further sliding or further movement, and then also just protecting the slide of the slope.

As you can see on here, this is a little bit more detailed, shows the two different slides that occurred in 2022.

Again, we fixed the broken pipe, cleaned out the ditches, and salt tarps.

That's a shaded area that you saw there.

Whereas point two is explaining how there's no responsibility to repair the instability with no potential to affect GAD parcels.

So that's the area outside of that area.

And then the last two points are tied to funding, and the first one was the GADS existence and activity tied to available funding.

And then the last one is uh the GAD has no responsibility to act beyond its funding capacity.

So it has some millennium there, and then it just can't do anything right now.

Okay.

So going on to the status part of the overview.

Again, we talked already about the winter 2022 funds completed going into that.

Uh we had no mechanism to do any of the maintenance for the work, the GAD, the board and the property owners had no ability to do any sort of maintenance.

Therefore, the city went into a survey and asked the property owners if they were interested in a new levy.

They went and talked to all 26 uh property owners, and out of the 26, only seven were interested.

So, uh, with that being said, we weren't able to get funding through that assessment.

So we therefore looked at a different option or a different way to uh to look at it, and that would be to dissolve it.

And in that case, we would have to go and do another survey, uh, and ask uh if they were in favor or opposed to the dissolution of the gap.

And that results we did get back less than 50% of the people that opposed the dissolution, and therefore, in this case, we would be looking at the next steps, which would be uh just uh looking at dissolving the gap.

So, that being said, going to the next steps, this would be kind of like how it would um go down in a sense.

So we first meet uh on October 6th as a city council, and they would act as a board to adopt the resolution of the tent to dissolve the cat.

Then uh the notices would go out no later than 30 days prior to the public hearing, and then we would have the public hearing on uh November 10th, which is I think the city council working session, so we can work that out with council and others to uh figure figure out the details there, and then uh a month later we would come back to the city council and act uh and and adopt the resolution ordering the dissolution of the CAD.

Um, and then right after that, we would need to get a confirmation of the dissolution from the homeowners and make sure that we had more than 50 percent with the most.

So that concludes my presentation of the ad update, any questions, uh we'd be happy to answer them.

Okay, so at this point in time, thank you for your presentation.

We will take public comment if we have any on this item.

I receive any public comments.

Okay, so we'll close public comment, come back to the series one.

Okay, would you please follow that current?

Sure.

Thank you.

Please proceed.

Well, thank you for the presentation.

And you know, I see staff did a very good job.

You know, my name is Vinny Lee.

I'm with the Orlando and Sanitary District.

I'm actually speaking on my own.

Uh, one of the things that we did on a recent study in terms of uh the intensity of storms the last 60 years, we had uh whole storms, 10 of in the last 10 years, half of them, the most significant storms have uh have had the greatest impact.

I think it's important.

You know, when we discuss with particularly those um uh those 26 residents is what is the insurance impact?

Is there going to be an insurance impact to them?

Because I know that in the last uh 20 years we've had two firms uh flood flood insurance uh rate adjustment maps from FEMA, and that has caused insurance rates to go uh go up significantly.

Um number of households have been moved into the hundred-year floodplain, so um the question I would have right is if there's an insurance impact and that's communicated to the 26 households, that may have um have uh a greater impact insurance or decision to uh decision to make continue with a gap.

You know, it the storms that he referred that the staff referred to um on December 31st, 2022 was one of the most significant storms we actually had since the floods of uh I believe uh 1859.

1859 was what we call a um a uh an ARC 1000 uh 1000 uh storm, it happens every 160 to 200 years.

The governor had to be sworn in on a boat in the entire state of uh California was flooding and it had over three and a half billion dollars in those dollars at that time in terms of the floods.

We should be expecting something like that coming in the future, and of course, we've already heard from ECDC insurance of all the uh adjustments in terms of sea level rise.

Thank you.

Okay, so with that we will close public comment and come back to council members for questions and discussion.

Let's start with council member Resident Evil.

Thank you, Dane, for your presentation.

I have a question regarding the funding.

It's Dane, right?

Yes, okay.

Sorry, sorry.

But I have a question regarding the funding.

Um, is the only money they received was the $3.3 million from the FEMA grant, or was each parcel paying a certain amount per month or per year?

Um good question.

Um I'll try and answer this in the staff knows better, then that would be great.

They do have to pay a certain amount of year.

I don't know that amount.

I do know that I look back at the annual reports over the last 20 years, and I did find some information there like more than had to pay $1,500 a year.

I didn't have any sort of confirmation of exactly how much there was.

So I would like to clarify that.

So the only funding um is from the grant, the remainder of the grant money after it was used for uh fixing the slope failure back in 1999.

After that, uh, because the remaining one there was some money left after uh the grant that money was used after after the slope was repaired until it was depleted uh during the winter storm of 2022.

Okay, yeah, and sorry, thank you, and just to add to that.

So the property owners were never assessed uh to uh fund the GAD.

There would have had to uh been a resolution passing the ordering of the assessment and approving an engineers report determining the maximum assessment amount and then a little steps were taken.

Okay, thank you.

Hold on, um another question I have was you said less than 50 percent, 50 less than 50 percent wanted to keep it or dissolve it?

Uh less than less than 50 percent wanted to dissolve it.

Okay, no, that's actually the other way.

I mean, yeah, okay, yeah, okay.

Less than 50 percent wanted to keep it.

Okay, okay, that's all my questions, thank you.

Councilman Holder, thank you.

So they so we created the GAD just to receive money for a grant, and then and the residents of those 26 reds never paid anything.

What's the point of keep it?

What would be the point of keeping it open to receive another grant?

Is it is there a detriment to keeping this GAD here?

Is it costing us money?

What um so part of the GAD responsibility is to also clean up the V Vitches and the catch basis that's within the slope.

Uh, probably the own.

So those those still exist.

And uh the money that was left over from uh the construction of the uh slope uh restoration, uh, were used uh for 20 years towards cleaning it and making sure that the water would flow uh during those areas.

Um regarding your question, the benefit of keeping it there like when the winter storm happened, there was it wasn't a major failure that happened, it was only the surface failure, but still is a failure, and what the city did with the money left in the account uh we embarked at uh putting some erosion control measures uh like a tarp covering the now open slope.

So the because it the top surface failed more are exposed with more rain without covering that would aggravate the situation.

So the benefit of keeping it open uh would be to continuously uh maintain that uh covering, and then uh when the money's available to fix the slope so that uh you don't need to continuously maintain it for your motion.

Um there could be possibilities that uh more failures can happen in the future with a bigger rain uh with with a GAN in place, uh then the cost of fixing uh those failures is not the responsibility of the GAD.

Uh, supposed to, if there isn't a GAT, uh if a failure occurred in one parcel, the property owner of that parcel will be solely responsible for fixing the uh sole failure.

It is will there be more, or I I know you can't, that this is a crystal ball question, but in your experience, having the GAD, will we be able to apply for more uh maybe tap into some different resources or apply for some grants because we have the GAD?

Where if we didn't have it, we wouldn't have to, or am I missing that is true, and then that is the sole reason why the GAD was for because the failure that needs to be fixed was entirely on private property, which is outside of the city's jurisdiction.

At that time, they would be decided that through a body like the GAD, uh we'll be able to receive funding and use that funding towards fixing a uh a hazard within private property.

Yeah, and and so if we go along this path to dissolve or dissolution, we're gonna we would have to reopen or I mean what do we do then?

Like, do we just say sorry you guys voted to close it?

Like I just feel like that's a pretty weak stance to add.

Yes, go ahead.

So it just to expand on that.

So one of the thank you, manager Jane.

One of the benefits of the GAD would be because the GAD is not funded right now, so as it stands, that you cannot serve a function, so there is no benefit uh to having the GAT open as with unfunded, however, if there is the interest of the of the effective property owners to keep the GAAP active, and assess themselves uh to help fund the gap.

One of the primary benefits of a GAT is it basically builds up a account, a savings account that can be used in the event of a major uh hill slider damage.

One, it can maintain annual maintenance, but it does build a reserve up.

So that should there be a hills uh hill slide, the GAT can go into action, use the money that has been saved from the assessments and react.

If the GAT's not there, uh as Matter De Ching mentioned, the homeowners would be responsible, but there's no savings of uh resource of money that would be available to it, and they would have to go and try to find their own contractor to fix the slides and so on and so forth, but the GAD in place, the GAD can be that person to facilitate the repairs, all right.

And so then what is this?

If if there's no GAD, and we have the failure, then what is the city's responsibility in this at that point?

Like, you know, anywhere.

So that's a very good question.

I think uh city attorney Rich Federal, they have a good answer for that.

Yes, um, think that's normal uh retribute or the city attorney, no, there's no liability unless blah blah blah what we built failed.

So if what we built in any way failed for our for whatever reason, then we would have responsibility for the medications we built.

Uh, so I'm gonna think also if we did take some proactive action on private property and property numbers, and that failed, then yeah, we would have some liability.

Otherwise, there's no liability.

Well, that feels good to know that, but it just it also sucks for them that there's no uh there's nothing there to help them out in a major cash reason.

Okay, that's it.

That's that's all of course.

Yeah, let's come back to council member as a have we have we spoke to the residents about payings a certain amount per year or something, so they could share the cost instead of them having to pay just by themselves, they can share the cost, right?

Um, so we did the we did do the vote um back in 20 or 2023, and seven of the 26 were interested, but the other.

They're interested in keeping it open, or they're interested in levying in getting oh paying the oh part.

Okay.

And we don't have the exact amount, right?

We would have to do the assessment of it and figure out what that amount is, but um only seven of the twenty-six uh one to do the one to do the levy, yeah.

Oh okay.

So that's what you're talking about.

The levy, okay, okay.

Okay, I think uh only it also to uh uh during that time, uh some of the residents did reach out to the city, and uh um knowing that assessment district would mean that you have to pay something annually on a regular basis, and then reach out to uh can the city can they partner with the city uh to be able to at least take care of the and manage them or something, okay.

But that kind of arrangement uh is not uh available so to speak, and that's why the reason for the GAD is to create that entity that would be able to manage the projects for that, okay.

That's just my question.

Thank you.

Okay, so just I wanted to get a little bit on the liability piece.

So the work that was undertaken was undertaken by the GAD, yes, the 2023?

Yes, all work, yes.

All work over the last 25 years.

Yes, okay.

It was not undertaken by the city of San Pedro.

Yeah, not to my knowledge, the city was uh acting as an agent for uh the is acting as an agent for the city.

Okay, so I just I am very sensitive to uh making sure that we don't we didn't create any liability.

Um I don't need you to do that right here on the spot, but I am sensitive to that, so we can have a discussion later and get some legal advice on that because I just do not want there to be any chance that we are liable for work that was undertaken on private property on behalf of the GAD.

Just make sure that that's uh very clear, um, and that discussion the private legal consultation could include what the avenues would be under which that might have uh been pierced such that we have liability, just want to make sure what our exposure is.

Um I think to one of our public commenters' questions, if if we know, it's my impression that landslides are oftentimes not covered by insurance.

Does anybody happen to?

No, not that we're giving legal advice to the public here, but just okay.

Let's not address that then.

Um the dissolution process, I don't know, before process, I'm still not clear, and I think both council members have probed this.

I want to probe some more.

Like because what it we would be the ones that are actively pushing the solution, so what's the harm to letting it exist?

What's the danger?

Actually, I'm going to see if uh Cam Bureau that has a thing about this.

To answer your specific question, and it does relate back to your earlier question.

The city is the agent that administers the GAD.

So it hires the contractor to assist, use the funds from the GAD to repair the project.

And we have all the agreements in place.

There's protections between the city and the contractor.

The question has to harm.

So the GAD agreement was clear that it was only existent for the receipt and use of those specific funds, and that if those funds ran out or dry out, there was no obligation on the GAD to continue to do work, and to continue to do what it needed, what it was for them to do.

There is then no harm really to the city for it to continue to exist, it's just an administrative, it's a separate legal entity that is existing, that there has to be some sort of paperwork maintained for it for it to continue to exist, but otherwise it just exists, it could become a vehicle for receiving money in the future, but it doesn't create any separate liability to the city.

Okay, I mean the part that I struggle with is that to create something in the future would be difficult, potentially, but once it's there, it's easier to tap into.

So that's why I struggle a little bit.

I don't I don't like generally having things set up that we don't use, so I like the cleanliness of removing it, but by the same token, this hilt site has failed twice in 20 years, twice in 25 years, and this is supposed to be a really wet winter, and so now I'm you know wondering.

So if we have a problem this winter, and we could get FEMA money, are we kind of just uh being so principled that we we create extra work for ourselves, yes?

Um the liability would be more monetary, uh like if GAD is does not have uh funding and therefore no responsibility, it doesn't take away the fact that uh the scope currently needs to be maintained and protected in its current state because it hasn't been repaired, but by private property owners, not currently because with GAD, uh it's still the GAD.

So the GAD's responsibility.

It'll be sold, we will continue to incur those costs like we have in the past winters.

So if we have a really wet winter this winter, then our next step would be to remove the old tarp which have deteriorated because of the summer, and then hire somebody to install another new new tarp to make sure that uh the slope does not have worse.

That's where I'm gonna be clear.

We, when I use the word we, that's the city of San Leandro.

The city of San Leonard has no obligation to that hillside or to the GAD if I'm understanding this correctly.

Is that correct?

City attorney, so clearly there would be that's correct, but it doesn't fact that there's this entity that disgruntled homeowners could go.

And so an entity that has no essence, correct?

Okay, I think it's risk, it's risk.

I'm just trying to to figure this out a little bit.

Okay.

Did you have a question?

Yeah, please jump in.

So, now with the way you answered that.

Now I'm I'm wondering, are we holding back residents from doing their own repairs because we have the GAD in place?

Because that's a whole other problem.

If if we're saying we are not allowing them to do the repairs individually on their hillside because we have the GAD.

Now are we creating liability because we helped create this GAAP?

So the GAD is a separate legal entity, once again, that exists for the property owners that was formed to benefit their properties, it's not funded anymore, and we've asked the property owners, obviously.

Good facts for us.

Do you want to fund your GAD?

Do you want to assess yourselves?

It's there and available because the city is not going to, it's not the city is not a partner in this.

We are not an entity, we're only an agent to the GAD and assist in the formation.

So I think we've realized seven of the property owners of the 26, 19 are left, said no, but the 19 either were indifferent or decided not to.

So they chose not to assess themselves at this point in time.

So are we holding them because the GADs in place?

Are we holding them back from doing repairs on their land?

No, there's no active statement from the city.

They still responsible for their own property.

Okay.

They're under property laws, they're responsible for what happens on the property and what their property may do, a landslide off the property that may affect other properties.

Okay, all right.

That makes me feel better because if we were in the position of because this GADs in place they no longer can do work on their property because it goes against what the GAD said, then I would be nervous.

But you're saying no.

That's correct.

I mean, obviously, someone could, it's a risk, like the mayor said, and so there's this GAD that exists.

Someone files a legal action because they're unhappy that the GAD didn't do something.

Well, then we will take that on a case-by-case basis legally, have argue that no, that does not belong to the GAD.

That's not responsibility of the GAD, that's responsible for the property owner.

To go back to the mayor's question, kind of laid back, and you said you said before, mayor, cleaning up and leaving things out there, is not preferred, and that we want to create a clear demarcation as it is now.

If we were to move forward, and as we're planning to move forward here, you would have to have a meeting within your meeting essentially on October 6th, where we're going to stop the city council meeting, meeting with the GAD that's gonna open and take action and close.

We are completely separating ourselves, and we've acted in that way, completely separate from the GAD.

Perfect, what one more before we dissolve this in?

Can we maybe you guys have already done it?

You can say there is nothing, but can we just look and make sure there's no type of uh you know funding out there that could help us that the GAD could receive to, you know, before we just close it, or maybe you've already done that, but I just don't want to close it and then oh shucks, we could have got that.

Currently, we haven't looked into uh funding for the type of damage on the slope, and that that issue is can be considered minor, uh being just a slide on the surface.

Um I'm also currently not aware of uh a grant funding that aside from FEMA for uh an event uh emergency event, uh similar to what would happen to uh another hillside in our town.

Um, but we can look into it and see if uh there is some funding that could be used for this purpose.

Yeah, that's fair.

I think when you guys come um October 6th for the the meeting to say that we did our due diligence, we we took a look, we dug in.

There really isn't anything out there available, or you know what?

There is, and we should do this before we close this down.

Okay, welcome back to now the dissolution process.

Actually, one thing right before that.

So in January when we were doing that work on the hillside, 23 January, 23.

Um, there are images.

I think you had one in the presentation of that pipe right there.

I'm not suggesting that's the only place where that happened, but it is my understanding that a pipe broke.

My question is whether that was our pipe or that pipe was the responsibility of this GAD or private property owners, but there was a pipe out there and it did break.

Does anybody know the answer to that?

Yes.

Um we did look into that during the slide, and we determine based on uh the topography of the hillside, uh, that the slide happened first, and then pulling down the pipe with it, and therefore that's why it's breaking.

The pipe is privately owned, it's uh it's a drainage pipe, uh, that that uh couldn't base the store water from one of the houses up the hill.

So we did look into that because the pipes such as this one could cause if if uh not properly maintaining could cause uh more water to be concentrated on one part of the the hill, and therefore can cause uh the hillside, the night slide.

Uh but the uh we did carefully investigate that and it was the contour of the topography where whereby the water would is concentrated naturally one area causing the slide, and as it slid, it took the pipe with it in the end, it is a private pipe on private land, so we have zero liability, and this isn't something that I need to worry about next year because it's a private pipe on private land, but then correct, um however, it does bring right on top, and uh it can cause a lot of bigger damage to the slope, so uh I'm sorry, when you say on top, is it part of our stormwater system?

It is not, so it would it could cause a lot of damage, but again, it would not be a city of San Leandro problem, correct?

Other than we care about our residents, so we don't want bad things to happen to our residents, but we wouldn't be financially liable.

Okay, thank you.

Um, then now coming finally to dissolution.

There was one little phrase that caught me off guard, and so from a process perspective, we pass a resolution that says we intend to have this dissolved, we have a public hearing so that the public can come and comment and say, no, no, no, no, keep it open, or it's about time you close up, whatever they're gonna say, based on what they say, which based on our survey data, we assume will be shut it down, then we will pass a resolution that says we are resolved to shut it down.

So what like how does it literally get shut down?

I think this is much a legal question because this is an independent body agency.

I don't know what the right term of art is, but how do we have power over that organization?

So this the council city sits as a board of directors on the cat, and so you pass a resolution of the tenth, and then that's just a resolution on 10 that can obviously be withdrawn if there is not enough affirmative votes to add the notices, and then well, at the public hearing, we'll know whether the number of notices returned, and I believe that there might be some work to have to do it going usually door to door to get the notice or to get the information from the property owners as to the affirmative closure of a gap.

So we need 50 plus one to close it.

That's correct.

We need at least 14 votes.

Well, it is weighted according to the assessed value property.

So some properties might have more votes.

It was actually set up that way based on assessed value.

No, it's uh under the code.

The public resources code is that it's a weighted vote, so it's not one property one vote, that's by state law, because they're not being charged anything that way, they're not.

It's because it's interesting procedure they have.

Okay, so we may need to go door to door in the end.

Um you need a dollar-weighted voting mechanism, and we need 50.000 one percent of the assessed value to vote yes.

And to be clear, as soon as that threshold is reached, we're done.

Correct.

So we will just start with the biggest properties and go to the smallest, or the the highest assessed value.

Yes, right.

Okay, because we want to be efficient, right?

Okay, and so they will vote, so they come to, so they're instructing essentially the GAD board.

That's right.

It is the will of the GAD members that the board dissolve the GAD.

And then we would sit as the board of that organization, right?

Temporarily to effectuate the will of the people.

Perfect.

Thank you.

That's pretty clear.

Any other questions?

No, okay.

So we'll close with this item.

Thank you for your presentation for the elucidation.

We'll move to item number four.

Committee member comments.

Do we have any today?

Council Member Rezebito.

I would just like us to end this meeting in the remembrance of 9-11, the victims, the firefighters, the police officers, all the people that sacrificed their lives on that name and that.

Thank you.

We will definitely do that.

Thank you.

Anything else, Councilmember Bolt?

No, sir.

Okay.

So I think we've had a wonderful meeting.

Thank you for all that you have done.

And with that, we are going to take 30 seconds, 15.

I'll see 15 seconds.

Just silence and reflection on the sacrifices made, and quite frankly, on the unity that it brought to our country at that point in time.

So in the memory of all those that lost their lives on September 11th, 2001, we are adjourned.