San Leandro Hillside Geological Hazard Abatement District Meeting — November 17
Discussion Breakdown
Summary
San Leandro Hillside Geological Hazard Abatement District (GAD) Board Meeting — November 17
The GAD Board of Directors convened after a closed session and focused on the public hearing and decision process for potentially dissolving the Hillside Geological Hazard Abatement District. The meeting included a staff recap of the dissolution procedure, public questions about geographic scope and post-dissolution responsibilities, and a board vote to proceed after the City Clerk reported objection levels were below the statutory threshold.
Attendance & Roll Call
- Directors present: Azevedo, Bolt, Aguilar, Viveros-Walton, Bowen, and Chairperson Gonzalez
- Directors absent: Simon (noted as absent at the vote)
Consent Calendar
- Adopted minutes from the prior meeting (motion by Director/Councilmember Aguilar; second by Director/Councilmember Viveros-Walton)
- Vote: Passed 6-0, with Director Simon absent
Public Comments & Testimony
- Douglas Spalding (via Zoom): Asked about the geographic extent of the hillside geologic hazard area and whether it affects Lake Chabot Road, Bay-O-Vista, areas near the creek, and properties along the fault line in San Leandro.
- Jeffrey (via Zoom): Asked what happens after dissolution and whether they would be able to plant vegetation on the hillside currently covered by a tarp to mitigate landslide risk.
Discussion Items
- Public Hearing: Potential Dissolution of the Hillside GAD
- Staff presentation (Erwin Ching, GAD Manager):
- Reported that on October 6, the Board approved a Resolution of Intent to Dissolve and set the public hearing for November 17.
- Stated that at least 30 days prior to the hearing, notices were mailed to 26 property owners within the GAD, requesting written agreement/objection submitted before close of the public hearing.
- Explained the legal threshold: if written objections exceed more than 50% of the weighted assessed value of real property, the Board must abandon dissolution proceedings; if 50% or less, the Board may proceed if it makes findings meeting one or more of four required factors.
- Staff recommended relying on Factor #3 as most applicable: the GAD has not levied or collected assessments and holds no significant liquid assets.
- Noted that even if the Board orders dissolution, it must still be confirmed by property owners in writing within 90 days of the public hearing.
- Staff responses to public questions (Erwin Ching):
- Stated that the GAD location, if dissolved, does not impact Lake Chabot Road, and does not affect areas of Bay-O-Vista other than the properties within the GAD (described as including properties on top of the hill).
- Regarding planting on the slope covered by tarp: said it depends on how the proceedings go; if the GAD is dissolved, responsibility for maintaining and repairing the currently damaged slope would revert to the property owners.
- Public hearing timing: Opened at 7:01 PM and closed at 7:03 PM.
- Chairperson Gonzalez invited any remaining written objections to be submitted before close; the record reflected no one approached to submit additional written objections at that time.
- Staff presentation (Erwin Ching, GAD Manager):
Key Outcomes
- City Clerk tabulation of written objections:
- Reported no additional written objections received during the hearing.
- Determined that fewer than 50%, based on weighted assessed value, submitted written objections.
- Board action to approve proceeding with dissolution step (as presented):
- Motion by Director/Councilmember Aguilar; second by Director/Councilmember Viveros-Walton
- Vote: Passed unanimously (Director Simon absent)
- Adjournment: Meeting adjourned at 7:07 PM
Meeting Transcript
Thank you. Okay, so we are assembling after our closed session. We ran long as we were contemplating certain issues. So we are assembling. We will start our Geological Hazard Abatement District meeting in about one minute. Thank you. and I'm calling to order this meeting with the board of directors of the San Leonardo Hillside Geological Hazard Abatement District. Clerk, would you please take roll? Thank you. Director Aguilar is absent. Director Azevedo. Present. Thank you. Director Bolt. Present. Director Simon is absent. Director Aguilar is here. Director Viveros Walton. Present. Director Bowen. Present. And Chairperson Gonzalez. Present. At this point in time, we move to action item number two. We move to item two A. Are there any amendments to the meeting? Seeing none, I'll take public comment on this item. Do we have any public comment? Mayor, we have not received any cards and there are no hands raised online. Okay. So I'll close public comment. Is there a motion to adopt the minutes from our prior meeting? Council member Aguilar. I've got a motion from Council Second. Second from Viveros Walton, would you please take the vote. All votes are in. The motion passes. Six votes yes and Director Simon absent. For this point, Item 2B, we have a presentation by Ensuring Manager Erwin Ching to address the potential dissolution of the Hillside Geological Hazard Batement District. Please proceed. Good evening, GAD board chairmen, board directors, board staff, and the public. I'm here tonight as the GAD manager. This evening I will be providing a recap of the GAD dissolution process, the events that led us here, and the subsequent next steps. On October 6, the board approved the resolution of intent to dissolve GAD and set the public hearing date today, November 17. At least 30 days prior to the public hearing, staff mailed notices of the public hearing to the 26 property owners within the GAD. A notice, ask the property owners if they agree or object to the GAD dissolution and to respond in writing to the city before the close of the public hearing. For the next steps, the GAD board will conduct the public hearing, receive comments, close the public hearing, then the city clerk will tabulate the written objections. If determined that the total objections is more than 50% of the weighted assessed value of real property, then the board will need to abandon the dissolution proceedings. On the other hand, if the total objections is 50% or less, the board can move forward and consider the resolution ordering dissolution after the board makes a finding of one or more of the four required factors.