Are we ready to start? Yes, we are. Great. And City Clerk, are we ready to start? We are. Terrific.
good evening. Welcome to tonight, Tuesday the 16th of June regular meeting of the
Brenda City Council. We will start with Call to order and roll call. Uh, I would note for
the record that Vice Mayor G has an excused absence. So Councilmember Hoxie here. Well,
Connie here. Riley here and Mayor Iverson here. Thank you. Thank you. And we'll have
the Pledge of Allegiance please stand.
I pledge allegiance to the flag of the United States of America and to the Republic for
which it stands, one nation under God, indivisible, with liberty and justice for all.
And while we're being patriotic our item for the good of the city tonight is a proclamation honoring
America's 250th anniversary. We have a proclamation that I would like to read because I thought it
did a particularly good job of bringing
what is a national holiday to the local Orinda significance
and the spirit of why we're celebrating
with a great big parade on July 4th
and a proclamation tonight.
Whereas on July 4th, 2026, the United States of America
will commemorate the 250th anniversary
of the signing of the Declaration of Independence.
And whereas this historic milestone provides an opportunity
for communities across the nation
to reflect on our shared history,
honor the diverse individuals who contributed to our independence, and renew our commitment
to the enduring ideals of liberty, equality, and representative government.
And whereas, the semi-queen centennial encourages educational programs, civic engagement, historic
preservation, and community service that connect past, present, and future generations.
And whereas, Arinda's residents have long demonstrated a commitment to volunteerism,
public service, and community engagement, reflecting the democratic principles and civic
spirit celebrated through America's 250th anniversary. And whereas commemorating this
historic anniversary offers an opportunity for a wounded residents of all ages to learn about our
nation's founding, recognize the ongoing pursuit of a more perfect union, and celebrate the freedoms
and responsibilities shared by all Americans. And whereas local heritage and civic organizations,
including members of the Akalani's chapter, National Society Daughters of the American
and Revolution are helping promote educational and commemorative activities in support of
America's 250th anniversary. May therefore be resolved that I, Brandon Iverson, mayor of the
city of Arunda, do hereby proclaim 2026 as the celebration year of America's 250th anniversary
in our community and encourage all residents to participate in appropriate commemorative and
educational activities. Vanessa Cruz from the DAR chapter, I would love to invite you to say a few words.
I would like to thank you for
having me. I would like to
thank all of our Council
members. Can you hear me? Yeah
Yeah. On behalf of the
alkalones, chapter of the
National Society, daughters of
the American Revolution. Thank
you for this proclamation,
recognizing the 250th
anniversary of the Declaration
of Independence. As we
approached this historic
milestone, we remember the
In 1776, no one knew how the struggle would end.
Those who signed the declaration, served in the militia, supplied provisions, or pledged
their loyalty to the new declaration, the new nation, took real risks in support of
liberty and self-government.
America 250 provides an opportunity not only to reflect on our nation's founding, but also
to celebrate the enduring ideals of freedom, civic engagement, and service that continue
to unite our communities today. We're grateful for your recognition of this important anniversary
and for your support of efforts throughout Orinda to commemorate America's 250th birthday.
Thank you so much. Thank you. Thank you for coming to receive this on behalf of
and I just add that we have multiple events going on. If you just check out
you are in the historical society windows. The chapter did those windows last week and they
feature a set of China that was given away in 1976 by grocery stores. People all over the country
collected Liberty Blue China. So that window features that. We have an author coming August
6th. She's been traveling around the country promoting her book when the declaration was news
because if you think about it, they didn't have the internet. So how did they find out about the
declaration? So that should be very interesting. We're putting an exhibit tomorrow up in the
Urundel Library that celebrates patriots of color and women patriots. So we call that E Pluribus Unum,
right? And we'll be here at the Fourth of July. Then I invite you all to come and sign the
the Declaration of Independence with us.
We have a copy and we want everyone to sign it
and we'll be handing out copies of the Declaration
to anyone who wants one.
So thank you so much.
This is awesome, thank you.
Before we do our own comments,
I'll see if anybody else from the audience
would like to come and say a few words.
So now I'd ask if anybody up here at the dais
would like to say a few words.
Why don't we start with Ryan.
Vanessa, thank you so much for coming tonight
and thank you for your commitment and your leadership.
and I just love the windows and I'm so excited that you're putting such a splash on the celebration.
Thank you.
Thank you all for everything that you're doing as well.
Thank you.
Council Member-
I just wanted to echo the things too, D.A.R.
You know, I was introduced to a lot of your work last year and you brought us proclamation
I'd like to say thank you to
We'll be back in October
because we'll be celebrating
the anniversary for the statue
of liberty. Please please let
the count. I think all of the
council members would love to
continue to hear about events
where that are open to the
for public forum. Thank you.
Does anybody else want to say
anything on that one? With
that, we will move along the
agenda to public form. Um Uh,
before I read the whole spiel,
is there anybody here would
like to speak for public form?
Uh it's where we can anyone
can speak on any items that are
not on the agenda. Since we
have a lighter crowd tonight,
I might move. On seeing none
So I had the pleasure today of meeting with Suzy Pack, who used to be on the Lafayette
School Board and is now involved with the Lamorinda Senior Village.
And I've just been learning about the activities of the Lamorinda Senior Village.
They have a good partnership with the city of Lafayette, and they want to expand.
They serve over 100 seniors in Orinda currently, but they want to increase those numbers.
And they provide social gatherings.
They provide transportation,
partnered with the Lamarin to Spirit fan.
They provide resources.
So we talked about different ways we could partner.
You know, one of my concerns is emergency preparedness
for seniors in our community.
They do have go bags that they give seniors who are members
and participate with them.
They provide some exercise classes,
all sorts of activities, social and health conscious,
and helping seniors live a fuller life.
And so I think it would be interesting going forward
to see how we could also as a city partner with them
and hopefully we'll be bringing back more
about that in the future.
But it was great to meet with Susie
and hear about what they're doing
and what they hope to do more of in our community.
Thank you very much.
I agree.
Anything else since our last meeting?
Councilmember Huxley, was there anything else?
Council member. No. I'm OK. Uh
Captain Raul Connie. Yeah, I
just wanted to give a report. I
attended, um, the as Lee is on
the S S T O C meeting last week,
and, um, there was a, um, there
was it wasn't agendized, but
there was in the context of the
report reporting back a
discussion about our Ladras
meeting, and I usually don't
say much doing the meetings as
commissioners were, were, I thought could be answered by the presentation that we received and our discussion or could be helpful. So I just encouraged everybody to watch it. And I am trying to recall staff may know what else was discussed that I needed to report back on but yeah, that's nothing, nothing major is, is not a major.
to be a part of our training.
I loved the back roads tour that we got of the narrow pathways to Wilder and there was one park
I'd never seen before which is in behind Pine Grove which is a really good well it looks like
a really good park for little guys and then I went to the dog park that was fun I haven't been there
yet very very nice it looks great I don't know if you guys have been there yet but it's lovely
on the terms of the Fourth of July I learned that we're not having the run
but we are having the pancakes so I think we'll be okay. Let's see then I
went to the art in public places and we have yet another new statue this is
called hoist and if you go down to the plaza you might notice a new spider a
I'm going to go to the next. A
I'm sorry.
I forgot.
No, this is all open season.
I went to the historical society,
the historical landmarks commission meeting on 610,
and there are two properties that they're considering
that are starting the process
of becoming historical landmarks.
And then one property we all thought
had been already designated
was the yellow house on Moraga Way,
but in fact, they never finished the process.
So they're going back and looking at whether they want
to actually finish the process for that property.
So that was interesting.
You're interesting.
Anyways, sorry.
No, that's great.
A reminder, Juneteenth is formally celebrated in horrendous.
So that's going to be a city holiday
in addition to a national holiday.
The Friday, June 26th, just before our next meeting
is the Sabrina UNESCO gym dedication.
The ceremony just kind of in everybody's welcome family
festival from 4 to 6.30.
And the ceremony will be at 5.30.
And again, that's Friday, June 26.
And then there's a fundraiser for one
after it's seven that's a ticketed fundraiser.
So I encourage anyone to attend any of that that they can.
I went to the Central San 80th anniversary party.
The All Things poop and colons.
It was awesome.
I did my duty.
It was really educational in addition to being a lot of fun.
A lot of families came and learned that if there's one thing
that I can bring as take home value,
they don't just recycle,
there's all the hazardous waste drop off there.
They don't just recycle it, I mean dispose of it safely.
They actually reuse all of it.
They have people come by and use them for, you know,
people who are household cleaners,
people who make dried paint into retaining walls.
I mean, everything, everything gets reused and repurposed.
So any ability we have to get the word out
about all those sort of used, you know,
paint and household items, it's not just a disposal.
It's a wonderful resource.
So learn to ton.
And then the last thing, just a fun fact,
from our library report from the last mayor's meeting,
they've had 225,000 items checked out year to date
by Arenda residents, and 124,000 people have come
through the door of the Arenda Library
just in the first five months of the year.
So it's an incredibly well-used, well-loved resource.
And with that, City Manager, over to you.
Honorable Mayor and members of the City Council,
This Thursday night is Thursday nights in Arinda,
it continues and the Good Time Collective
will be the band this Thursday.
I can tell you they're an excellent band
and you will enjoy yourself if you come.
How Arinda Works is still looking for members
of the community who wish to learn more.
It's our new Citizens Academy, sign up is available
on the city's website.
So please, if you're watching, consider joining us
for How Arinda Works starting in August.
Focus groups for wildfire preparedness
happening right now over in our city buildings. We're information on that. Hopefully we'll have
some information to share with the council and with the SSTOC as a result of the feedback received
from this set of focus groups. And just a reminder again, notifications for residents to get meeting
notices has changed. If you wish to continue to receive notices for upcoming meetings, please
go and subscribe to the new system on the city's website.
That's my report.
Thank you very much.
Anything else?
Yeah.
Could I just ask a follow-up question?
I know we had some kinks with that new system.
Have we worked those out?
Do you know?
Yes.
Okay.
What we're trying to.
Just a reminder that our next meeting,
we will start receiving Zoom public comments again
on our July 7th meeting.
So just wanted to remind everybody
that that was starting again.
Thank you very much.
She reminded me to say that and I forgot.
Appreciate that.
Thank you.
And I assume there'll be some sort of communication
with the agenda about how people should do that.
It's just, it's been a while.
There is, thank you.
Terrific, thank you all.
And just before we move on to consent calendar,
I'll see if there's any public comment
on any of the council or city manager reports.
Seeing none, we will move to the consent calendar.
And before I ask if we have a motion to approve,
as a reminder, these are items that we vote all
in one motion.
I'll see if anybody wants to pull anything
for discussion or questions.
Seeing none, I'll see if we have a motion
to approve the consent calendar.
So moved.
A second?
Second.
All in favor?
Aye.
Okay, great with that we unanimously approved the consent calendar and we'll move on to our policy matter K one legislative update from Townsend public affairs on the bike.
Casey Elliott to come up and please present.
Good evening, Mayor Council members Casey Elliott Vice President Townsend public affairs.
Tonight I'd like to provide you with a brief update of kind of what's going on in Sacramento and DC focused on a couple of areas, namely state budget.
pending legislation that the city has taken positions on and then a brief overview of
what's going on within the federal appropriations process.
Starting with the state budget, I'll give a little context for where we are right now.
Nearing the, nearing the kind of the end of the state budget process, the governor issued
his January budget proposal at the beginning of the year, followed up by his May revise
in mid-May.
The May revise really kind of kicks off the last leg of the budget process where the state has the actual
Better revenue numbers coming in from tax receipts and whatnot as part of the governor's
May revise he put forward a budget plan that closes budget deficits in the exists in the current year as well as in next year
The budget itself is based on additional revenue beyond what was anticipated in January
over kind of the three year budget window.
The state's expecting about 16 billion
in additional revenue beyond what we had anticipated
in January, largely due to the strength
of the stock market at the end of last calendar year.
As part of the governor's May revise,
really not a lot of expansion of programs,
really just kind of reinvesting in the actions
that have been taken to date.
So we don't really see any new major initiatives
being proposed, not significant expansions
of existing programs outside of caseload
and various adjustments.
Where we do see the governor put a lot of focuses
in mitigating impacts from recent federal legislation,
namely HR1, particularly as it relates
to health and human services programs.
Some of those federal requirements
are gonna increase administrative burdens
on the state and on counties,
as well as have the impacts on who can receive services.
So the state's doing what they can
to kind of backfill some of that.
So a lot of that unanticipated revenue
or new revenue was really being focused
within the health and human services area.
And additionally, I should note with additional revenue
based on Proposition 98,
about half of any new revenue goes over to schools,
TK through community college.
So a large portion of what the governor's proposing
goes over into the education side.
The kind of a visualization,
the governor's budget may revise has about 14 billion
in what we would refer to as budget solutions
to kind of address these struck what would be the,
otherwise would be the deficit of this year.
As you can see from the pie chart,
we're still kind of in that phase
where we aren't really doing a lot of reducing
on program expenditures, but more borrowing,
differing payments to our reserve accounts,
using special funds.
So still a lot of accounting maneuvering
and not necessarily a lot of program cutting.
The bar chart on your right is what would otherwise
be the state deficits in the out years.
So as I noted, the governor's May revise
basically eliminates the deficit for 2627 and 2728.
However, the state is still looking at
your budget deficits beyond about in the ten billion range assuming that we
don't have any significant economic downturns or whatnot so that's where the
May revise is as of about 21 hours ago we have a legislatively approved budget
I'm going to refer to it as a two-party agreement and those two parties are the
assembly in the Senate most notably not the governor not the Department of
finance. Last night the legislature passed AB 109, which meets their constitutional requirement
to pass a budget by June 15th. There were a couple of other trailer bills that create
some of the revenue solutions that the legislature assumes as part of their budget. Well, I'll
talk about the process in just a minute. The legislature's budget, similar in overall spending
to the governor's number. It has a $253 billion general fund. The legislature uses the May
revise revenue assumptions for the budget year. However, they do allocate $5 billion
more in the current year. So the legislature's budget spends a little bit more than the governor
just but those are based on revenue assumptions. Similar to the administration, the legislature
is proposing putting significant dollars into the state's rainy day reserves in anticipation
for those out year deficits. So the legislature's budget creates about 36 and a half billion
between the state's three major reserve accounts. The legislature, as I noted, they do and they
do account for a little bit more revenue than the administration in their budget. And as
such they spend it. They did propose some significant funding adjustments within the
housing and homelessness space, 400 million for HHP, which is the state's primary homelessness
program, as well as another 700 million in housing, spread across low income tax credits,
multifamily housing programs. So the legislature is definitely putting more of a focus on on
housing programs. Additionally, the legislature's budget goes above and beyond the administration's
as it relates to those health and human services programs.
The legislature proposes differing a lot
of the administration's impacts and service reductions
and fee increases in the health and human services.
They proposed delaying them by a year,
so effectively funding them out of the general fund this year.
So a significant portion of the revenue difference
goes towards health and human services.
And then also the legislature put in about 375 million
total for public safety programs,
including an additional 50 million
for the implementation of Prop 36.
Beyond Prop 36, we're looking at substance abuse programs,
mental health programs,
workload adjustments for county probation,
those types of items.
So I said we're almost through the budget,
so we have a couple of more steps to go.
As I noted, the legislature met their constitutional
requirement yesterday, so they will continue to get paid.
They did send AB 109 to the governor's off,
to the governor last night for his consideration.
So the governor will have until June 29th
to act on the budget.
So really now that's kind of the budget window
we're looking at.
We would anticipate the administration and the legislature
to reach an agreement prior to that June 29th day,
which would constitute the three party agreement.
So everyone's on the same page.
we would then anticipate the release of budget trailer bills,
probably 20 budget trailer bills in the various areas,
transportation, public safety, education,
health and human services,
as well as what we would call the budget junior,
which would make modifications to the bill
that was approved last night.
We would anticipate that action to happen
in the legislature, either on June 29th,
which is a Monday or the Thursday prior.
So that's kind of the window.
That said, there are some outstanding items
that will hang out beyond the end of June.
Most notably cap and trade, the GGRF program,
there have been some major modifications
over the Air Resources Board
that's impacting the revenue generation from that program.
The legislature and administration
would likely defer to August
before they try to solve the spending of those dollars.
similarly proposition for the Natural Resources Bond.
Those spending conversations will likely
move over into August.
Those are both notable
because those are both proposed large sources of funding
for wildfire, Cal Fire Administration.
So some of those conversations, again,
will continue into August.
While the budget conversation is going on in June,
we are also still moving through legislation.
We are now in the second half of the legislative calendar.
So all bills have moved out of, that are still active,
have moved out of their house of origin
and now are being contemplated in the second house.
So all of our assembly bills are in the Senate,
Senate bills in the assembly.
The second half of the legislative session
moves much more quickly than the first half.
So what took from January to June in the first house
will now happen between June and the end of August
with a one month recess.
So everything moves much more rapidly
the second house. The all bills have to move out of their policy committees by July 2.
So that's the deadline that the legislature is pressing up against right now. Just as
kind of a highlight, these are some of the bills that the city has taken positions on
thus far in this session. All of these bills that I'm going to mention are still active.
They're still moving through. They're still being considered by the legislature. There
are a couple of bills within the wildfire preparedness space, both Mr Bennett's bill,
would establish a statewide structure for home hardening certification. So those activities
can be done in a manner that's effectively gone through an approved program at the state
level. If that bill goes into effect, then that program would need to be up and running
by the beginning of 2028. Ms. Petri Norris's bill, that would make some modifications to
some existing grant programs so that regional cooperatives could apply for regional grants.
It wouldn't have to be, for example, a single city or a single special district being a
fiscal agent beyond for a community project. Something like you could have a la Marinda
group apply for funding as opposed to a single city. So that bill is moving through just
recognizing that a lot of the work that needs to be done for preparedness is on a community
basis, not on necessarily individual property or an individual jurisdictional basis.
In simultaneously, obviously a big, big major importance is property insurance, the ongoing
property insurance conversations, two measures in which the city is supporting one by Ms.
Bauer-Cahan, which aims to build on the sustainable insurance strategy done over at the Department
of Insurance.
This would require CDI to annually reevaluate the distressed areas that are eligible for
catastrophe modeling.
The obvious idea is allowing insurers to use catastrophe modeling and providing getting
people off of the fare plan.
The zip codes that went into effect on that under regulations have been, the list has
been promulgated, but there's no requirement within those regulations for those areas to
be revisited.
legislation would allow would require that to be revisited every year. It would also
lower the overall threshold of properties that are on the fair plan to be considered
a distressed zip code. And then as some of the members excuse me Senator Allen's bill
deals with non renewals providing folks more information as to why they're being non renewed
if they're being non renewed and giving them more time. So obviously still trying to provide
additional resources to those that are impacted from nonrenewals.
Also, we have the red flag warning bill that Mr. Grayson is running.
That bill continues to move through, I believe it's actually up in committee tomorrow in
assembly education, which would allow for fire districts to excuse me, to allow school
districts to close down at the recommendation of fire officials for red flag warning days
and still collect ADA.
So they would not be financially penalized
for sending students home if there's adverse conditions.
Everyone's favorite e-bikes.
There was a number of e-bikes bills introduced
at the beginning of the year.
Some of them are moving through,
some of them are not moving through.
Two measures that are still moving through.
Ms. Davies' bill really focuses on the education component,
bringing together public safety and schools
to establish training programs that could be administered
for students who want to ride their e-bikes to schools.
That bill is continuing to move forward,
as well as Ms. Wilson's bill.
Her bill takes a lot of the recommendations
from the Maneta Institute report last year
and puts them into codification,
particularly related to speed limits,
manufacturer safety requirements,
have to have headlamps, those types of things on the bikes.
There are a number of bills that were introduced
related to e-bikes that did not move out
of their house of origin.
For example, Ms. Bauer-Cahan had a bill
that would have required registration through the DMV.
There were a couple of other bills
that would have aimed to cap the power of e-bikes.
While those were not successful in moving forward,
both the transportation committees
have expressed continued interest in this
and wanting to look at this in a more holistic way.
Talked about informational hearings over the interim.
So I think it's likely that we will continue
to see more e bike bills, irrespective of what happens this year, going into future
years, hopefully we can kind of get away from one county was able to do something and more
of a statewide approach. So I think those are going to be conversations that will continue
through the fall and into next year. Also, as it relates to transits and roads funding,
a couple of bills that are continuing to move SB 922 that was the bill that was introduced
response to the Redlands decision that would still allow franchise fees to be continued
to be used for local road maintenance.
That bill has moved out of the Senate, continues to progress through the assembly.
And then Mr. Arreguin is carrying the legislation which would allow CCTA, well, would allow
CCTA to put a revenue extension measure on the ballot and not have it count towards the
county's sales tax cap.
So that bill is continuing to progress through the assembly, I believe it already moved through
it's in local government tomorrow and they don't have to go to revenue tax.
So a number of a number of revenue measures, measures that would allow local agencies
to put reg revenue measures before voters are being considered by the legislature this
year, including the CCTA measure.
And then the last measure, so the note is Recycle Smart had reached out with a number
of bills that they were looking at and taking positions they had encouraged the city to
to consider supporting those one that the city has taken a support position on is 2253
by Assemblymember born or this bill relates to having recyclable if you're gonna make
claims of recyclable content that actually the products have to be made with recyclable
content not just that you have recycled content within your overall portfolio but more just
product and ensuring that their products are what they say they are.
And then lastly, I just wanted to briefly touch on the federal appropriations process.
Working with the city, we submitted, the city submitted two projects to Congressman Dessaulnier
as well as the senators for consideration for, for district spending.
Both of those projects were selected by his Congressman, I keep wanting to say it, send
member, Congressman DeSaunia, both the Camino Pablo pathway rehabilitation project, as well
as North Arinda Shaded Fuel Break. Happy to say both of those projects were included in the House
T-Hut markup worth noting that the Camino Pablo project had their amount of funding that we had
requested was reduced by the committee. The congressman put forward the full request that
that we had asked for, but politics being what politics
are, that overall amount was reduced.
But the $250,000 is in that earmark.
Similarly, the North arendition.
A fuel break was included in the agricultural ag markup bill
within the House.
That was full funded.
I believe that might have been Congressman DeSonia's only
project that was fully funded at the requested amount.
Based on prior years, the last handful of years that we've been doing federal earmarks,
typically what happens is when we get to the end of the process, those bills that are included
in the House markups are incorporated by reference.
So the fact that these projects and the funding are included in the markups already is fantastic
news.
Given that it's an election year, unlikely that we'll have appropriations bills prior
to the beginning of the federal fiscal year on October 1st, more likely that we'll either
have a lame duck session after the November election, or perhaps in beginning of January,
which would be when we would expect to see all of the new appropriations bills approved,
and the projects would go in through reference that way. So also was going to mention, Moraga
has a request that they did for public emergency communication radios on behalf of the three
Bla Marinda Cities that was also included in the T. HUD markup for I think seven hundred
and seventy five thousand dollars. So there'll be three different sets of of federal funding
that the city will benefit from a year from now is realistically what we're looking at.
And with that I am happy to answer any questions on any of these items or any other items related
to Sacramento RTC.
questions. Thank you. I'm I'm
sure there are a lot of
questions. Um, you'd like to
leave us off anyone. That's
perhaps it was that it was
out of no, or was it? Please.
I have a bunch of questions I'm
happy to go married. Go ahead.
Okay. Thank you so much. Um,
for the report, Casey, I just
made some notes as you were
going through it. Um. So I
have questions about a few of
the home hardening certification.
I know it's something that I know that the mayor
and I were looking at each other
because we expressed I think it varies for him.
So this is, there should be some sort
of standardized certification.
It's a voluntary, it's not yet.
Do you know if through the process there has been any buy-in
or indication that there might be buy-in
from insurance companies as to appreciating this process?
Have they opposed it?
I'm just sort of curious about that background, to know.
No, it's a great question.
Actually, I had the opportunity to sit down
with the Senate Emergency Management Committee last week
and asking these exact questions.
It's obviously having the home hardening in part
is trying to get insurers comfortable with re-insuring.
So at this point, I do not believe
that individual insurance carriers
or their statewide association are opposing the measure.
that said, I don't believe they're supporting either.
So I think they're just kind of watching,
but there is also a portion of it that if providing
residents, homeowners, you know,
that if they're going to invest
in these home hardening activities,
that the contractors that those are doing the work
are being held to a level standard.
So there's a consumer protection element of it as well,
obviously wanting to bring insurers back in and provide.
There were a couple of other bills earlier this session
that were more direct,
that if insurance carriers did not come back
to folks that had done home hardening upgrades,
that there would have been some penalties
for those insurers.
That bill did not advance.
So kind of the direct of what you're talking about,
that bill unfortunately didn't move through,
but 1934 is still advancing.
And just a quick follow-up to that.
was there any sense that the certification process
that is envisioned by the bill,
I don't know if the language would necessitate
trying to achieve some consistency with the IPHS guidelines
that the insurance industry puts forth or not?
It was kind of structured in such a way
where it tries to provide general parameters
for the state agencies
and then effectively says go forth and develop.
so it's not quite that prescriptive,
but so I don't think that that type of specificity
is within the language, but yeah, obviously,
there wants to maintain some continuity with existing,
and given that there would only be one year
to establish the certification program,
it would obviously behoove the fire marshal
and all of the other impacted state agencies
to be drawing off of existing models.
Great.
I have other questions, but I don't want to hulk.
I have a whole ton, so why don't we go,
we'll go back and forth.
I have a vocabulary question.
For Barracay hands, Bill, you talked a lot
about what it means to be a distressed city
and I couldn't remember what the significance
of the distressed area.
No, I apologize.
So the Department of Insurance passed
their sustainable insurance strategy through regulations.
that two years ago now.
And part of that is catastrophe modeling,
which would allow insurers to change the model
by which they adjust their rates
to anticipate potential hazards.
In order to use that rate modeling,
the regulations require insurers to have,
I wanna say it's 80% of their portfolio
within distressed areas,
which are defined as areas that have 15% of properties
on fair plan or there's a lot of rural areas,
but effectively pulling people back off the fair plan
or other people that would otherwise be at risk
of moving to the fair plan.
That's largely North and East.
There are pockets.
There is a county definition.
So unfortunately, a render wouldn't qualify
because there aren't enough properties
within Contra Costa County.
So then it goes to, there's a zip code eligibility as well.
And so that zip code is what this is focusing on,
the regulations establish eligible zip codes one time,
but there's no requirement to the frequency
with which those get revisited.
So her bill basically says that the Department of Insurance
for the purpose of this catastrophe modeling
to trying to get insurers to offer private policies
and pull people off the fare plan
that we should reevaluate annually
what areas would be best targeted.
Okay, and just to really dumb that down.
What you're saying is if they want to be able to price,
to use the catastrophe modeling for their pricing,
they have to be pulling people off the fare plan.
That's a quid pro quo,
and this is getting into all the rules of how it works.
Correct, yeah, and the idea that Ms. Bauer-Cahan is doing
is trying to make it more attractive.
So communities like Arinda would be eligible
to be on that incentive list for the private insurers.
Your turn, or anybody's turn.
I have one about SB 1301.
I'm curious to know if this requires insurers
to give homeowners a chance to correct,
so that if the insurer says,
we're dropping your coverage because you haven't done X, Y, or Z,
and the homeowner corrects,
does the insurer have to keep them?
I'll have to go back and double check that.
I don't believe so, but I'll go back and double check
and through staff, I can get you an answer on that.
I don't wanna give you wrong information,
but I can get that for you.
Thank you.
I remember looking at that earlier,
and at that point, I don't think it does.
It doesn't, it doesn't have to be positive.
It does not.
It doesn't have to be positive, but yeah,
I don't think it does.
It's those nice things, but it doesn't do.
It really won't do much unless
because it actually gives homeowners an opportunity
to correct whatever deficiencies are identified
and then the insurer keeps them.
Yeah, that's good.
Well, it's more time.
It's more time and more specific notice, which-
It gets things on the books for the next round.
It's a step.
Yeah, it's not as big a step as we need though, I think.
Just like the certification, is noticing a theme?
Yeah, are we still in wildfire or do we wanna move to e-bikes?
Anything, I mean, I've got a bunch of questions
all over the place.
and there was a group of
young men riding their ebikes
right down a window way.
The lead guy was doing a
wheelie. It clearly was an
emoto and not a real ebike.
They were not 16. They may
have been 14 or 15. They were
wearing helmets. But, you know,
everyone around town is seeing
the e-bikes because they were
wearing helmets. They were
around town is seeing this behavior. We're told that, you know, it really has to be a fix from the
state and it doesn't look from this legislation like the state is really doing anything other
than saying, you know, educate the parents. Yeah, it's been frustrating in how slow it's been moving.
That said, this is probably the most aggressive e-bike year we've had to date. The 2436, it was
just amended yesterday, but it would allow local agencies to implement and upon the type
of path or roadway specific speed limits 10, 15 and 20 miles an hour. So it provides
a little bit more discretion. There are there have been the last couple of years some county
specific legislation that allow jurisdictions within San Diego and San Mateo County to do
to do some local ordinances to prohibit younger riders
on certain types of vehicles.
I can tell you last week I asked the committee
to add Contra Costa to that and was politely told no,
but there are conversations ongoing.
We're trying, we try.
But so yeah, it is frustratingly slow,
but I will say it feels like there is a statewide lifting
of the issue beyond what we've seen in previous years.
So even a year ago, we tried to get committees to hold interim hearings over and they didn't
want to do it and the fact that they're committing already. I think they understand that there's
going to be more than just whatever happens this year. We're going to have to continue into next
year. Thank you. Can I ask another e-bike related question? There, you know, we had these extensive
seminars, I think some of us were there, including the Cal Cities briefing that was the first
council is dinner presentation revenue wanted to keep talking instead of going to eat at after war
after 8 p.m. but um but there were some bills that were sort of starting to address that
e-bikes might need to be regulated at the point of sale right by the manufacturer and what i thought
i just heard in this presentation is those didn't make it out so far those have died and i was
curious if you could talk a little bit about just sort of your perspective about, you know,
what you think the issues are there and what we might look be what we might expect to see
in the future from the state with e-bike regulation, because I do think that now,
unlike before, I do think the state legislature is really listening on this. I think they are
really frankly as confounded as we are really about what to do. Right. Yeah, I think that it's
interesting the conversations of all evolved over even the last couple of years from e-bikes to now
we hear you know pedal assist, full throttle, moped, so it feels like the vocabulary related
to e-bikes is becoming a lot more nuanced and refined and I think that almost makes the
legislation harder as they understand like oh it's not just a product that we can throw
a sticker on or it's a single thing that there are these delineations between oh this is
a good e-bike, this is a e-motorcycle that we're calling a bike. So I think that's where
a lot of it's coming in. We are getting pushback from not only manufacturers but resailors
that don't want to necessarily have the liability for selling the wrong product. So you are
are getting some pushback there.
There are still concerns from bicycle advocates,
people that are still,
e-bikes are a valid mode of getting people outside of cars,
that getting them access to public transportation.
So we said that the conversation has kind of moved
from a year or two ago of like,
oh, this is a San Diego problem, like you deal with it,
to now really kind of trying to understand the nuances
and craft policy that's really targeted at some of the,
that actual problems.
So I think that's part of what's taking so long.
And then that doesn't really account
for some of the enforcement issues.
I know that when we were talking about
the Bauer K and registration bill,
was, well, it's gonna cost the DMV money
or it'll be a state where it's like, well, yes,
but it also provides local law enforcement,
a tool by which if they don't wanna chase,
you know, an adolescent riding on an e-bike
through the streets, they can at least have an address,
they can go and speak to parents or hold the, you know,
so some of those are unfortunately
just gonna take time.
But they are starting to look at it
from a more holistic perspective.
And I think that we will get to an enforcement angle
probably next year.
I think we'll probably start seeing some more tools
on what can be done for enforcement as well.
And will it be age-related?
I mean, obviously an adult writing,
something that's more of an emoto
is a whole different issue than a 14-year-old doing wheels.
Right?
Yeah, the San Diego pilot, for example,
and the one that they're trying to do in San Mateo
would allow local jurisdictions
to prohibit anyone under 12, for example, from riding.
Once you kind of get in that murky kind of middle school,
high school age, it becomes a little bit more difficult.
And then obviously, once we're talking about adults
riding bikes, then it becomes helmets, lights.
You know, just kind of more safety devices, yeah.
So it's really kind of that middle,
that middle school to high school to 16.
Yeah.
Yeah.
Okay, I'm gonna jump in with just,
we all have a bunch of questions.
SB 1408 was confusing and I'm sorry that Vice Mayor G's not here, but it sounds like there's a cap on how much counties can sales tax and CCTV just passed a law to say it doesn't apply to them. That sounds strange. Could you explain it?
Yeah, so a lot of times when Sacramento gets involved in these local tax bills, it's because
there's a state law that says we have our state sales tax, we have our local sales tax,
but then kind of your add-on pieces can't total more than 2% total.
So in Contra Costa once you have a, you know, a BART, you know, regional housing measure,
the city may have a half cent or something that we get to this 2% really quickly.
And so agencies will often come to Sacramento and say we want to run a local revenue measure,
in this case with ccta an extension of existing measure, but in the interim the sales taxes
overall in the jurisdiction has risen to the point that they wouldn't be able to run it,
other than having an exception to that 2% cap.
So ultimately, that's where Sacramento comes in.
So like bills like we just did one for the, the county health measure that was on the
June ballot that was through state legislation did that and a similar one in LA. There's
another bill that Mr. Aragon's running for I want to say like a dozen cities that are
looking to put stuff on in fall. So it's really kind of getting around this 2% cap threshold
still requires in this case the CCA CCT a board to approve voters to approve so it still
goes through the normal process but otherwise it absent specific legislation CCT a wouldn't
be able to collect the revenue because it would be over the state cap.
So that's kind of where these outside of all the local politics that go into these measures,
that's generally why Sacramento gets involved in these ones.
Okay.
The federal appropriations so far have been really exciting.
I'm looking at our city manager because I know that our city manager and staff had a
lot to do with all of that.
So, super exciting.
It reminded me of a question I've had for a while. And since it's in the realm of legislative advocacy, I think this is appropriate and relevant.
Linda has never been participating with the National League of Cities.
Why is that? And should we be in terms of legislative advocacy?
I probably can't help you with the first one.
The second half, I know that from our colleagues in Washington, DC, the National League is
similar to the California. They'll host, I want to say it's maybe five days to a week
out on the Hill where people will do the kind of the Capitol Hill delegation meetings and
whatnot. I think it's similar to Cal Cities in that depending upon the issue of the time,
there may be, I'll say more value.
That's not exactly what I'm trying to mean,
but there may be more focus.
For example, we had in California,
we had the small cell tower legislation that went through
and we had everyone from Cal Cities
up at the final week of session and it was great.
And then that issue kind of moved out of California,
but it moved over into the FCC.
So Cal Cities may have provided updates on it,
but from the National League, it was like,
all right, well, let's take this coalition
built in California and join up with the coalition from Florida and Texas and Georgia and wherever
and then amplify those voices in front of the FCC. So depending upon the issues, there
can be a lot of value in that. I would say generally the last six years, we haven't had
a lot of legislation moving through Congress, just kind of given the politics of Congress
and the administration. So there haven't been as many opportunities to kind of directly
engage, but we do still see those large things around, you know, surface, transportation
reauthorization programs, various large funding programs that have, trying to think of the
last couple years, been a lot of folks at home and CDBG. And when we've got a presidential
budget talking about potential cuts within the HUD programs, kind of mobilizing a nationwide
network of cities. So in that, in that respect, it's very useful, great networks to be having.
I would say a lot of times it can kind of just the peaks and values based on kind of
the issues going on in DC at the time.
Thank you.
I realize it's not agendized.
I didn't, but I just wanted your perspective on it as it relates to.
I would say that we, as someone who does a lot of federal advocacy work with California
clients, we probably work, our DC team probably works with the National League a similar amount
as my California team does with CalCities.
In the dare to dream category, we need seven cycle numbers.
I've been asking who set the number to begin with.
So before we're slicing the pie, who sets the pie?
And I've been told we need to, well, not that they'll listen,
but that HCD sets the numbers.
How do we get a conversation with HCD?
Who are they?
How can they be related to,
I mean, how can we influence that process?
Yeah, HCD will help set the number with input
from the Department of Finance and their demographics folks.
I know on the SCAG side, that's starting now,
their year ahead on their arena cycle.
David Scissor is the guy, he's kind of housing.
David, Z-S-I-S-S-E-R.
He heads up a lot of the housing and oversees
a lot of the arena and housing elements.
So he's where the conversations would start.
If you asked how does that position
look next year after an administration change,
I do not know.
That's one of those positions that's kind of at
the pleasure of the governor.
So we could be seeing some changes in HCD after November,
kind of regardless of the outcome.
So it probably makes sense to begin conversations
sooner rather than later in the executive office of HCD,
but also with the understanding that that conversation
might need to be revisited in February, March, next year,
because we may have some new personnel over there.
Very helpful.
And a quick follow up.
Is that only a mathematical exercise
or is there also a political element?
Thank you.
Other questions?
No, I'm good.
I just had some quick things that are not horrendous.
So a quick hit.
County sales tax failed,
and then you talked about in the budget
how they found a bunch of money
for Health and Human Services.
Curious if you can just speak to whether
it's sort of okay now,
or is there still a big unmet need?
And then the flip side of that coin is,
I've seen a bunch of headlines that this,
the May revise had a lot of good news for school funding.
So I'm wondering if there was this huge
Health and Human Services shortfall,
how they found money for schools?
If you could just give a quick translation there.
On the health and human services side,
no, we are not out of the woods.
I would say that we're using an increase in one-time state
revenues, largely from all of our friends
who sold our Nvidia stock last year.
And then we are using a lot of that
to kind of prop up the cuts that would otherwise
need to happen in the health and human services side.
Positive news is if we look at this year,
we have what's SpaceX and open AI and anthropics.
We might get another big capital gains year potentially
this year, which could potentially help stave off
some of those cuts for another year.
But really we're talking about using one time money
for ongoing programs.
So at some point there will need to be either decreases
in service, increases in fees towards those
that are accessing services or more general fund resources
being pulled from other spots.
So we're kind of, I don't want to say papering over it,
but the general fund is artificially keeping
the health and human services cuts from being worse
than they would otherwise be
given the revenue that we've seen.
There is also in this year's budget extension
of the MCO tax, the managed care tax.
a device tax on medical equipment that helps that'll help bring money in for health and
human services programs. So the legislature is trying to mitigate some of that. They also
want to see a plan next year for large corporations on how they would pay their fair share for
health insurance costs for their employees that are otherwise dependent on public assistance
of some sort. So they're trying to figure it out. As it pertains to the education question,
that's largely a function of Prop 98. So under Prop 98, essentially any revenue that comes
into the state's general fund, the Reader's Digest version is 50% goes to TK-14 education.
So when we get an extra $10 billion from capital gains, pretty much half of that just right
away goes to education. I will say on the education side of the House, the administration
and the legislature are both proposing a deferral of about $4 billion of what would otherwise
be owed to education this year. Under Prop 98, they have to repay it. So it's more of
just pushing it probably to next year, largely for cash flow purposes. So then they can say
say they've spent the money on the schools,
but not necessarily have to generate that four billion.
So again, they can use it kind of in other spots
of the budget.
So there is more money for schools,
but if I had my K through 14 friends here,
they would be reminding me that we aren't giving schools
all the money that they would otherwise be getting
in this budget.
Educational.
A follow-up, I'm glad you asked those questions
about the health and human services funding
because we did see that county measure fail, right?
Do we know if the funding that's in at least,
I like how you called it sort of the two-party budget,
does it make up some of the revenue gap
in Contra Costa County in terms of,
sometimes when we see state legislative funding,
it is focused, you know,
perhaps rightly so on rural areas or, you know,
especially when we talk about county hospitals,
we have a county hospital in Contra Costa,
we're hearing a lot about food insecurity,
you know, the bond measure for the community colleges
also failed.
So we are looking at some pretty drastic cuts
in our county, including at facilities
that our residents, you know, may use
or their neighbors use.
So I was wondering if we know yet.
Yeah, I would say that there's some within the broader,
is obviously dealing at a statewide level,
it's programmatic and then it will filter down to counties.
So I can't speak specifically to the Contra Costa piece,
but some of it is caseload is administration.
So it's meant to help ease counties
for their increased workload
or the state for increased workload.
Again, some of it is on actual service delivery.
So it will not necessarily benefit the county per se,
as much as county residents
that are accessing those programs.
So it maybe kind of bypasses that layer
by not otherwise increasing their fees
by continuing dental service, for example.
So those aren't necessarily a benefits to the county,
but if the legislature wasn't proposing it,
then county residents wouldn't have access
or those services might cost more,
if that makes a little bit of sense.
Yeah, that does.
That does.
I just have two more lightning round type questions.
You mentioned 50 million for Prop 36.
CalCities people just complain all day long
about how that was an unfunded initiative.
Does that do the trick
or is that just a drop in the bucket?
Drop in the bucket.
Thank you.
And last question is,
I don't know if we're gonna have a forum like this
before November, but with the BART thing,
the billionaire taxes,
is there anything that you would like to give us
talking points on for November ballot items?
Yeah, the big one right now.
So from a state perspective,
we will be, the state has to finalize the November ballot
by June 25th.
So we'll be seeing some activity in the next two weeks.
You will likely see a housing bond,
state-level housing bond on the November ballot, probably $10 billion, I would guess, is what
I'm going to say. Currently, you have the taxpayer protection initiative is eligible
to be placed on the November ballot. We've seen versions of this before. This is the
one that would raise vote thresholds for local revenue measures to two-thirds for everything
citizen special tax general tax doesn't matter have to go through a process that
no one wants to go through the legislature and administration are
actively negotiating with proponents so there's a chance that that may not be on
the November ballot I will have a better sense of that in ten days but the
com for those conversations are largely around real estate transfer taxes so
to like measure ULA and Los Angeles, the mansion tax.
So we may see legislation in the next week or so
that would cap real estate,
or those real estate transfer taxes in charter cities,
which is largely where it's more of an issue.
If that does not work through the legislature,
then we would see taxpayer protection on the November ballot.
If taxpayer protection moves onto the November ballot,
you will see CalCities, CSAC, all of our labor partners,
everyone will spend tens and tens of millions of dollars to try to defeat that, that will
become the number one item on on the ballot from a local government perspective. The Chamber
of Commerce is sponsoring a CEQA modification initiative, a CEQA overhaul. That will likely
be on the ballot for November. I don't think the legislature is trying to do anything to
have that not be on the ballot. My kind of cliff notes on that one is if the city is
the CEQA administering agency, it's probably not great because it will put in some specific
accelerated timelines they would need to meet. However, if the state or another agency is
the administering agency for a project you want to see, it's probably good because it
will have specific timelines and will accelerate things. So that's kind of a 50-51. Millionaire
tax will likely be on but I think we'll have a lot of conversations related to revenue
measures so as you know that we saw a bunch of revenue measures in June here in the Bay
Area they're not overly successful I think that you may have a similar potential for
a similar ballot where you could have a lot of conversations related to taxes bonds revenue
measures so that it could very much be a financial ballot looking ballot from
from a state perspective as well really appreciated any other questions thank
you thank you for all the time we'd I know this was kind of a longer one but
really really educational so thank you anytime thank you I'm sorry we didn't
ask if anybody from the public would like to come up and ask any questions
I'm not sure. Seeing none. Um, we will finish item K one and I do have one. Yeah, please. I just want to I just want to thank town sending in Casey and are and Linda I said he managed your little cool and cold. As for for all the work that has gone in behind the scenes in the last, you know, really couple years. I think it is paying off. You know, I want to note that.
that the Senator Grayson's bill was a brainchild of our city manager to try to keep our kids safe
to ensure that we could evacuate them most particularly from Sleepy Hollow and you know
came up with a solution that would help keep those kids safe and and you know fingers crossed it's
going to be so wow, which is super exciting. And, you know, I
think all the appropriations measures, you know, that are,
you know, again, I'm saying all this with I'm literally crossing
my fingers, but you know, that are inching their way forward.
Through the federal appropriations process are also,
I believe, you know, very much a direct result of a lot of
advocacy and I think for years in Arinda, we have been asking for this. And I'm, you know,
I wish Vice Mayor Gee was here because I know that this is something that she brought up,
I think maybe three or four years ago to all of us, right, and said, you know, we need this. And
she pushed for it and pushed for us to have our own legislative advocacy and we're seeing it,
we're really seeing the results and so I just wanted to to really express gratitude for all
the work behind the scenes and for the real substantive updates um you know today and also
when we've as individuals some of us have had the opportunity to meet with you. Thank you.
Anyone else? No. Great. Thank you. Um are there any matters initiated?
Seeing none, I move we adjourn the City Council meeting.
So that meeting's adjourned,
and I'd like to thank the members of the audience
who've come early for the GAD meeting.
I know there wasn't a specific start time,
so I appreciate you listening
to all of that legislative chatter,
educational legislative chatter.
And we will call to order.
City Manager, is there any need for a break
or can we just roll right in?
Yeah, I'm sorry. I'm sorry.
She's done.
It doesn't serve on the work. Can we roll right into the next meeting?
Or do you need a break in the sure? I could change the text out.
I were going to take just a minute to change the name tags and people
at the podium.
Yeah.
And I feel like I literally need to put on a hat.
looking at this chocolate.
Okay.
Terrific.
Welcome to tonight's
Arendelle Geologic Hazard Abatement District Meeting
Tuesday, June 16th, regular meeting.
And we will begin with a roll call.
City Clerk, please.
Okay, no, for the record that all board members are present
except for member G who is absent this evening.
we will now do the pledge of allegiance again please rise. I pledge allegiance to the flag of
the united states of america and to the republic for which it stands one nation under god
indivisible with liberty and justice for all thank you we'll now move to the public forum
the public forum is an opportunity for people to speak on items that are not on tonight's agenda
or if you won't be present when the item on the agenda
that you'd like to speak to comes up.
I do have several speaker cards.
Let me just check to see if any,
let's see, two of public forum
and two of our specific agenda items.
So for the public forum,
people I've got Bob Finch and Mark Ashby,
if you'd like to please come up in that order.
Just to interrupt for a moment, Chair Iverson,
did we do adoption of the agenda?
Oh, I'm so sorry.
We did not.
Well, you guys come up.
I move that we adopt tonight's agenda,
and I'm not aware of any changes to the agenda.
If anyone does not have any changes, do I have a second?
I'll second.
All in favor?
Aye.
Thank you for that correction.
And now we move to public forum.
Bob Finch, please.
You have three minutes, thank you.
Thank you.
I'm Bob Finch, and I'm on the board of the Wilder HOA.
A variety of open space parcels of budding Wilder
have not yet been transferred to GAD.
of utmost concern to the wilders wilders more than 800 residents is the mitigation of catastrophic
fire risk. This fire risk mitigation requires specific procedural steps to be taken but
there is a roadblock. The GAD board must press the California Department of Fish and Wildlife
to do what is required before it can call the performance bond it holds and release
the funds required for these open space transfers. OG, the owner of these parcels and the master
developer of Wilder pulled up stakes and left the scene. While OG may have substantially
satisfied its obligations to the city, OG has not done so with respect to GAD, East Bay
Regional Parks or EBMUD. In addition to leaving unpaid approximately $120,000 in tax liabilities,
in respect of these parcels.
OG's outstanding obligations are said to total
over 1.5 million dollars.
These obligations include one, wildfire fuel management,
including the 60 acres of highly flammable coyote brush,
two, removal of unauthorized mountain bike trails
and built obstacles at the end of Wilder Road,
and most crucially, three, the creation of a grazing plan,
including fencing, gates, livestock, watering infrastructure,
and other grazing improvements.
The roadblock is the California Department
of Fish and Wildlife, CDFW.
OG originally posted a significant bond with CDFW
to secure performance of these obligations,
and CDFW continues to hold this bond.
For a year, formal demand letters have been sent
both to OG and CDFW by all of the agencies I've mentioned
and also the city.
Why can't this bond be called releasing the funds necessary
to satisfy the obligations that OG abandoned?
CDFW is required to create that grazing plan first
before it can make the final demand on OG
and then receiving no reply,
call the bond and release the funds.
I'm speaking on behalf of Wilder to urge the GAD board
to immediately take all steps necessary to press CDFW
to finally create this pivotal grazing plan
and call the bond.
Until then, these vast open spaces within Arinda
and surrounding Wilder will remain
without responsible management for the Wilder board
to engage with and at catastrophically heightened
wildfire risk.
Thank you.
Thank you. Other any questions for the speaker before we move on. Thank you, Mark Ashby.
Three minutes, please. Thank you. Thanks. Hello. My name is Mark Ashby. I'm a resident of Wilder.
I want to begin by thanking the GAD board and for thanking GAD manager, Eric Harrell,
for the actions that you've taken to move the transfer of the open space parcel surrounding
Wilder forward. Specifically, the detailed cost estimate letter sent to OG LLC in September of
last year and your participation in the joint letter to the California Department of Fish and
Wildlife in March of this year co-signed by East Bay Regional Parks, E.B. Mudd and the city.
We appreciate that the GAD has been advocate on this issue. As you know 245 families in Wilder
live adjacent to the open space parcels that have not yet been transferred to their appropriate
long-term management agencies. We recognize that GAD and the city have been stepping into
to perform stopgap fire fuel management on these parcels and we're grateful for that,
but that's not a sustainable solution. OG LLC has effectively abandoned their management
obligations leaving GAD in the city to fill the gap while the underlying transfer issues
remain unsolved. We are also concerned about the ongoing degradation of the lands through
unauthorized mountain bike trails and conversion of the grassland to cowdy brush problems that
will only get worse and more costly
to remediate as this goes on.
We would also like to note that OGLC is delinquent
on hundreds of $120,000 in property taxes
across all the open space properties.
We understand that the critical next step
is for CDFW finalizing the grazing plan
and issuing a demand letter to OGLC
that would trigger the call of OGLC's performance bonds.
This funding mechanism would then finally allow
obligations to be satisfied and the transfers to be completed. I would like to ask the GAD staff
whether CDFW has responded in any substantive way to the joint letter sent in March and has
provided a timeline for finalizing the grazing plan. In addition, we would welcome any guidance
the GAD Board can offer while a residence on what we can do to facilitate these long-delayed
transfers. We urge the GAD Board to continue pressing forward on the transfer of these remaining
open space parcels to the respective management agencies so that these lands can finally be
managed according to the standards that were agreed upon when Wilder was built. Thank you.
Thank you very much. Are there any questions? Great. Is there anybody else who would like to speak
during the public forum session.
Seeing none, and I would just note
that we cannot comment on public forum comments,
but several of those I believe will be addressed
during the final item on the agenda, so thank you.
With that, we will move to the consent calendar.
Those are items that are acted on all in one action,
unless we pull them for further discussions or questions.
I just wanted to pull D2 for a very quick comment.
Was there anything else that someone would like to pull?
Yeah.
All right.
With that, do we have a motion to approve D1
and D3 through D6?
So moved.
And do I have a second?
Sure, thank you.
Okay.
We'll have Hoxie made the motion
and Riley did the second.
All in favor?
Aye.
Aye.
And then D2, I just wanted to note
that while the supporting materials had technical maps,
there wasn't really a lay person's map.
And because we as board members are lay people,
it would really help any time we're releasing parcels,
especially because hopefully there will be more
to have kind of a big picture location for anything.
So we really know what we're talking about.
So with-
Yeah, I actually have more.
I was glad you pulled that, I was gonna pull that too,
because I had some questions about it.
Super.
And my question was that exactly what land are we looking at?
And this is where frankly, it would be really helpful.
I would like our city manager to be part of this discussion
and if we can ask questions,
because one of the things we had talked to,
one of the things that was discussed previously
was there was some land owned by Orinda in the Wilder area.
It had been brought up as possible land
owned by the city of Arrenda and it was brought up previously in the context of discussions about pickleball and I didn't know if this was that land if this was different land I honestly did not understand from the map what this parcel is and can't.
can't vote on agreeing to release a parcel when I don't know where it is so this, I will apologize for because this came out of my office.
Is anybody able to put up the overall map of Wilder
that comes in one of the later presentations?
And I can help walk you through it.
But the short answer is it's the tiny little stub
of Wilder Road just past the final bridge.
And this tiny little piece of property
came to the city council going on nine months ago
to request removal of the Wilder right of way.
and at that time city staff said we were going to see
if the GAT would be willing to take that tiny little piece
and manage it together with adjacent property it owns
because this tiny little stub of Wilder Road
past the bridge is not needed for public right of way use.
So apologies that there was no larger location map included
in the staff report,
but that is the piece of property at issue.
Okay, so it is, sorry, so this is up behind the,
at the very far end, so you start at the freeway
and you drive past the play fields
through the entire housing development
all the way to the end of Wilder Road.
Oh, it's past the gate.
So there's a gate in the road, nobody can drive past it.
It's that very small piece of property.
So, yeah, this is approximately one half acre
And it was to serve the former Art and Garden Center
when that was going to be the location of that,
there was gonna be an Art and Garden Center parcel,
and then there was going to be a staging area for trails.
All those were abandoned,
all those, the Art and Garden Center was moved.
The trail, having the trail head
and some improvements there was abandoned.
So it was no longer needed for public use.
And the GAD previously had taken the Art and Garden Center
parcel and we manage and maintain that five acres.
This one sandwiches right between the development buffer
and the Art and Garden Center parcel.
So it's right in the middle of two parcels
we already maintain.
So that's where, and I apologize for the,
not having a better map there, but that is,
and there is signage out there that identifies
that the road will currently end
and local traffic only, not a through street.
So that's currently signed for that out there
to let people know that they won't be able to complete
a journey through on Wilder Road.
And if you have the packet available,
it's on, if you look at packet page 143,
there's a map of the whole site.
It was a colorful map.
Do we have?
Okay, Eric's going to bring this up
in his PowerPoint presentation?
It is item E3.
So this is kind of what you're spotting.
Yeah.
Okay.
Wait, packet page 143.
143 in your PDF.
In the PDF.
Did you print that whole thing?
I did because there was too many diagrams to follow.
No, I agree.
There's just a lesson learned about the paperless thing
if we're having to just print them ourselves.
I feel that that's a little focus group right there.
you want to just look on with mine because I actually have walked that and I know where it is.
So do you all have packet page 143 up? So it's a map showing the entirety of the Wilder.
So you take Wilder and I think it's kind of here, there's like that funky bridge.
So at the far right-hand side of that you can see Wilder Road has got the stripes in it.
Yeah. It's at the far right-hand side there.
Okay. No, I think I understand where it is now. Okay. So half acre previously covered
with the right of way no longer accessible by the public. The request is to transfer
the underlying fee title to the GAD that would manage it together with the adjoining
proposals. Okay. And the I assume there's no, we haven't had any objection from the
of the way that we have, uh,
So I don't know if we have any
objections or not, but none so
far city of GATT attorney. Uh,
none that we're aware of. I
can just to tell you that the,
um, when it was accessible up
to the former Art and Garden
would look at it. There's a
little bit of a hanging out
there. And so this was part of
our thing to we thought from
the Gads perspective was a
useful for our open space
maintenance and also since it
wasn't needed anymore, provides
a more definite vehicle. Baricot
can still pedestrians can still
pass by there. Still use the
trails. It didn't seem to
affect and the Gads still has
ability to go out with
vehicles and maintain its open
And I do recall the former concerns by residents
and it seems like those concerns would be best,
better served rather by the GAD
actually taking ownership of this land.
Okay, thank you.
Thank you for answering my questions.
Are there any other questions?
No.
Okay, we'll open it for public comment
before we bring it up for discussion.
And I've got a speaker card from Scott Honey Church.
Thank you, three minutes, please.
Good evening council members and GAD board members.
I'm Scott Honeychurch, I've met many of you.
I lived in Wilder's since 2018.
I served on the Wilder HOA board as president
for multiple terms, so.
And been very engaged with the previous Wilder subcommittee
and followed GAD and then OG's exit very, very closely.
So my first question was actually where is the partial?
I didn't see an APN number, I didn't see a map.
I pulled the GAD map, I looked at GAD.
I think what we're talking about
is actually the road surface itself beyond the bridge.
Because if you recall, there was a big,
very formidable gate way up the hill
above the previous Arden Garden Center.
And then we asked that we get moved back
because there's all kinds of illegal
and nefarious activity going on beyond that point.
It still happens.
There was a very lightweight chain link gate
across that bridge right now.
I would strongly encourage the GAD board
looking at something that perhaps would be less more discouraging for having people go through
it. Cars have literally driven right through it. Our security team has found it and pulled them out.
So it's a small gauge chain linking about into hardware. We need something better.
You know, and again, you see this gate that will stop a tank at the top of the hill.
And if we're going to make the bridge the barrier, I think we could probably invest
using CAD money, OGs money, somebodies to make this a permanent barrier. So that's number one.
agenda item d2 strongly encourage support i i'm not currently a board member of the hua but i'm
pretty active and i talk to him all the time i think you have this for the entire wilder community
as well as the lost valley community we talk to them pretty regular as well and doing this
it's a small parcel for sure 24 000 square feet but really what i'd like to continue to promote
is acceptance of all the parcels that are currently owned by og i mean that's the game here
And the eight years I live in this community, it's been a process, which is all but stalled
in the past couple of years. We see no action. OG says they have no money.
Fish and Wildlife isn't doing anything. I walked that hill with Mark Ashby this past weekend,
trash everywhere, illegal activities going on. Clearly, nobody's doing anything about it,
as well as the fire danger. So again, just encouragement, pursue whoever it is. Is it OG?
is it GAD? They've got plenty of money. Is it some of these other, you know, management
organizations? But we really need to move forward on these areas. So, thank you very much.
Thank you. Is there anybody else who'd like to comment on D2 while we're on that one?
And I would just note for the record that, oh, please come on up.
Thank you for your time. My name is Rachel Assas. I'm also on the Wilder Board and I live
in a home that basically butts up to the open space.
And so I just want to share some of my commentary
about how we're viewing this as our family.
My primary concern is the fire risk related
to this unmanaged open space.
The Palisades Fire, which obviously nobody wants
to replicate, was heard by-
I can just interrupt.
Is this on the general transfers of parcels
or this little stub at the end of the road?
General, well, all of it kind of together.
Let me just ask really quick for the city attorney.
this is appropriate to public forum or E3,
since we've closed public forum,
can we reopen it so that Ms. Hasas does not have to wait
and come back up to talk?
I would say that would be fine.
But just so you understand,
the item that we're currently talking about
is just about the little stub.
Oh, we're welcome to speak now,
but if you'd like to speak on the item
where we talk about the open space transfers,
that's gonna be later on the agenda, E3.
Okay, happy to do whatever you like.
I'm inclined because you're here
and we just closed the public forum.
I just as an agenda technicality
sort of reopened public forum
so that you can speak on the E3 item
and then you can stick around or not.
Okay, thank you.
I apologize for interrupting.
Thank you, thank you, thank you.
Oh, I'm sorry.
Yes, I move that we reopen public forum
to take that comment.
Second.
All in favor?
I am the note for the record
that the speaker on item two
also veered into public forum territory, and we might note that as a public forum comment
and not just a D2 comment. So, please, if you want to start again or continue, I really
appreciate it.
Okay, thank you. The Palisades Fire was started by a young individual, a young man who was
messing around in open space doing things that probably you shouldn't be doing. The
Orinda Firestorm, the Oakland Hills Firestorm was started by power tools that were being
used abutting open space. These are things that we have seen and we have witnessed that
that is happening in that unmanaged open space.
So I'm just gonna give you some examples.
We've seen use of power tools that are causing sparks
basically to construct these very elaborate
e-bike trails back there.
Highly flammable VOC spray cans have been left
scattered all over that open space.
Those would be a disaster
if we had any sort of sparks flying back there.
250 cc powered dirt bikes going up and down the hill.
Again, this is just causing more fire hazard
and then lighters everywhere.
So it's been mentioned before,
but there are a lot of young people that are back there.
They're smoking, they're leaving lighters out.
They're doing all kinds of things.
We are one dry, windy day away from our own palisades
or an Oakland firestorm.
And we really, really have to take this seriously.
So my ask is that we could please get this resolved
before we get into high fire season.
Thank you.
Thank you very much.
Those were all the speaker cards I had
since public forum is still open.
is there anybody who would like to speak
on anything general topic
or on the item D2 that we paused on?
Seeing none, I will close public forum
and we will come back to agenda item D2,
closing the public comment on that
and bringing it up to the council
for deliberation and decision, is that okay?
That's great, but I just wanted to clarify one thing
about the gate, Eric and I were whispering about this.
So there is a beefy metal gate that has already been relocated
so that if this transfer goes through,
the public will not be able to drive
onto the transferred parcel.
So just wanted to clarify that for the public.
Did I get that right, Eric?
Yes. Okay.
Thank you, that's appreciated.
Are there any council comments or further questions?
I would make a motion unless there's other comments. No, I think we should move forward
and transfer this parcel even though it's just one small parcel. Great. It's like it's
a step in the right direction. Is that a second? Sure. Second. Second. And to be cliff just
for the record. Yes. Is the transfer of the fee title ownership for the. It was to approve
a two. Correct. That was your motion. Yes. And I've got Councilmember Riley seconded
all in favor? Aye. That completes the consent calendar. I appreciate everybody rolling with
the unusual format and that takes us to policy matters. We'll begin with item E-1 and that's
a resolution for 26 approving the fiscal year budget for the GAD and setting assessment levies
at 90% of the assessment limit and with that I will turn it over for the staff report.
Thank you much Chair and board members. Obviously I don't have a nameplate in here. That's my
issue. It's up on the board there. My name is Eric Harrell. You've seen Haley Ralston and
Uri Eliyahu here on most of the more recent meetings. I've been involved with the project
since 2006 and was presenting before then, but they both had obligations tonight and they
and I apologize for not being able to be here,
but we can present the budget here.
So I did wanna look through it
and present the 2026, 2027 fiscal year budget,
which was presented to the board.
The action being considered tonight
is to adopt resolution 0426,
approving the fiscal year 2026, 27 budget
and setting the assessment levies
at 90% of the assessment limit
for the next fiscal year starting July 1st
within both the Wilder and Arrindo Oaks developments.
Just a brief overview that GADs funded
through supplemental real property tax assessments.
Those were adopted by the board in 2008.
We have approximately 257 parcels
that will be subject to the assessment
for the 26-27 fiscal year.
And the revenue stream for this budget
has both for maintenance and operations ongoing,
and also the GATT is still accumulating
towards its target reserve.
And so both those things are included with this budget
and are part of the assessment.
So for 26-27,
The assessment limit is just over $3,800
for the Rindo Oaks development
and almost $4,100 for the Wilder development.
Since 2022 and 2023, the board has approved levy
of 10% less than the assessment limit.
We are recommending that again this year
and we'll show a little bit on where we're going with that.
The assessments there are shown with a 10% reduction
being $3,426.50 for the open into oaks
and $35.86 approximately for the wilder development
for this project.
So the budget for this year is for $722,190.
And it's, there's a breakdown here
between the administrative functions of the GAD
and the preventative maintenance and operations
that will be ongoing, are expected to ongoing this year.
We have no budget for major repairs shown.
Those are large, those tend to be large scale repairs.
Those most recently happened in that development
prior to the GAD taking it in the winter of 2016, 2017.
We do have reserve accumulation to account
for those type of larger things,
but since we do not have any right now,
we are not putting anything in the budget.
Although we will be fixing some smaller slides
if this budget's approved that do show up
in that preventive maintenance and operations portions.
Those are smaller landslides, one on the entry road
going up to the East Bay mud parcel
and one above Dairy Creek Lane.
So there's a couple smaller slides
that we do want to fix before this winter.
And those are included in this budget.
The maintenance and operations for this year
are also looking at,
we always look at how the winter is going.
The National Oceanic and Atmospheric Administration
is predicting a high chance of a severe El Nino this year,
which doesn't necessarily mean increased rainfall,
but we certainly want to be prepared for that,
have all our maintenance done,
have all our small slides repaired,
and we have the staff and development contract
are ready for that eventual.
We've, like I said, 2016, 2017 winter,
the Wilder development had a number of larger slides
during a heavy rainfall year, 1998.
We had another El Nino,
and I know it seems like a long time ago,
but it was quite severe,
and there were a number of land sites
throughout the county,
and so we want to be prepared for that, so.
So the estimated annual,
the revenue is anticipated to be about $1,085,000
for this current fiscal year,
and this shows that the estimated fund balance
at the end of this year will be about $5.45 million.
So that's in current dollars.
What we're looking for with the original engineer's report,
we set up a reserve for this to account
for unanticipated events that may occur,
large scale repairs, just things like,
that are very unexpected infrequent,
but very expensive to repair.
And we show a graph here.
The green line here is our target reserve
from our original engineers report in 2008,
which when the GAD was formed,
to set at approximately $4 million,
the having a reserve of the GAD in 2008 dollars,
we're above that in actual dollars,
but we're not in constant dollars, we're not above that.
So you can see the blue line is where we anticipate being.
The orange line is where we estimate
with a 90% assessment where we're going.
But you'll see some dips in the constant dollar graph there.
Those are where we just,
we don't know that they're gonna be large,
when large scale repairs are gonna happen,
but we know over the life of the GAD, they will.
So we wanna plan for those and those represent those dips
in the constant dollar graph going forward.
So the recommendation of staff is to adopt resolution 0426,
which is approved the physical year 2627 budget
for the Arinda GAD, which includes both Wilder
and Arinda Oaks and setting the assessment limit at 90%
for each of those developments.
And GATT staff is glad to answer any questions
that the board members may have.
You would like to ask questions?
I have a whole list, so don't be shocked.
Please, go ahead and turn it around.
This is, my question's related to E1,
but I wanna look at E2 for just,
I don't understand on the budget under E1,
that we're seeing. So we're
and those type of services.
The other includes, we also do as a geotechnical firm,
we also perform the monitoring maintenance events
and also oversight of construction and repairs.
And so those are also included in that larger number
that you're gonna see in E2.
So in the budget, it's shown as part of the maintenance
and operations, because that's,
if we need to repair a slide,
we need to oversee the contractor on what they're doing,
manage the engineering, the repair, and all that.
That's included in the maintenance and operations portion
of the budget, but it is something that potentially
could go to NGO as the GAD manager,
but it's not part of the administration to that.
Why isn't it all in one budget?
We, E2 does show that in complete.
We could, if the board desires going forward,
could break that out as separate. We try and do that in E-2 just to show the
entirety of our services to the GAD, but the E-1 does show it as the
administration. I know, but I'm just wondering why it's not shown in one
budget instead of... We don't know always if we're going to repair slides or have
the field activities that, so we're not going to bill them if we don't have them.
some are fixed fees such as the administration is a fixed monthly fee for the administration of
the GAD the monitoring is set as far as the plan of control so certain things are set other things
if you when we get into item e2 you'll see those are if those occur we will we will build towards
that but if they don't occur those wouldn't be part of it so there's some things that are definitely
well. I think there are a lot
of things that will occur.
There's other things that may
occur depending on the field
conditions.
Okay. Well, maybe I need some
more financial expertise, but I
think there are a lot of things
in budgets that are not
necessarily going to occur, but
they're in your budget. I don't
know why we don't put them all
together and I haven't heard yet
a reason, but it's very
confusing because it's separate.
I will pull it up but um if you look at the um thank you the part yeah well that that's part of it
but would you like to hop in? If I could I might be able to help. So it said not to exceed contract
amount so there's the administration which is uh set and agreed upon dollar amount but depending
on different service level uh the compensation um will go up if there's uh events that they need
to manage or monitor or do construction on. And the reason that those are in a separate
or different budget is because those are project specific and not general administration. So
when you're budgeting for fixing landslides, the portion of the fee that NGO would charge
just goes in the section addressing landslides and not in general administration. Okay, so you're
talking about sub parts of, maybe we need to take this offline, but you're talking about sections of
a budget and I think the sections should all be on the same page and they're on two different...
Doug, if I may, because I've got this pulled up right here and I'm sitting next to the question
this. Um. But my understanding
is that, uh, in this is the,
uh, the budget budget. Um, so
we're back up any one. The
administration section is
there. They're fixed fees. So
there's the manager and then
so that's like the 95 and then
the attorney treasurer. That's
the other 35. And then Doug's
point is that the sort of time
that the project costs. And
they're managing construction
oversight. Managing project
oversight is allocated to the
projects and so the project
culture. The next section. And
their project management fees
are baked into each line item
project with a reasonable
estimate. Very close that very
well said, Okay, I can say they
are. They are. They're baked
into each individual project
plus overlay would be.
So if we look at just, for instance, on page nine,
which table 11, 12, which show you'll see the maintenance
and construction activities, and then you'll
see the NGO portion of that same number that
went into the larger budget.
So we've tried to define it in each of those,
and it comes out in E2, which is our total fee.
But to be honest, previous finance director
asked us to break it out like that,
we'd be happy to do it how the board sees,
but we've tried to break it out
so each thing is identifiable with each task.
And so that's kind of how we were asked
to present it in this detail.
Like I said, if there's a better way to do it,
we'd be happy to show that.
Yeah, I needed the schooling, I needed the big picture
and I didn't get it when it was separate, so whatever.
I'm gonna ask one related question there is of that 225 pass in a maximum possible budget in your contract. Did you put that entire 225 into the so I'm looking at page 112 to the other council members that we were just looking at.
is that 225 fully allocated or did you take more of a reasonable estimate that is lower than that
number and the 225 is your contractual max? We took the actual, so we took the what you'll
see in E2 is we took 20 percent of each of those projects so that's a maximum not to exceed and
those if they don't happen we don't build towards them that's just so say if there's not a landslide
that is not there. We're not
there. We're not in the budget
repair or things like that. We
don't need those services. We
just don't build them from to
that project.
But the budget on page 112.
Does it include your fee in
those project costs or are they
not in there?
They're in there.
They're in there.
At the max or at a-
At the 20% which is, yeah,
which is what you're allowing
the next item. At the max is the no that said, the follow up. Thank you. Because that was one of my so just to be really, really crystal clear. The. The report in item into which is on page one. 27 128 of our packet. All of those line. The all of those costs. Right.
right those that 20% is included in the preventive maintenance and operations
estimates that are on page 112 packet page 112 so on packet page 127 the first
three items on the table correct those are the administration number you're
seeing in the budget the other items that are on that table are baked into
to the different either maintenance or monitoring events.
So there's-
So the other amounts that are listed on page 128
of the packet are all baked into what is listed
in the budget on page packet page 112.
Yes.
Okay, I know I'm just repeating what the mayor just said,
but I needed to make sure I was crystal clear
on that in the page numbers, thank you.
While you're here, this will just make E2 faster.
The 50,000 in transfer services,
it looks like a lot of that was budgeted for this year
and then deferred for reasons everyone's real unhappy about.
Can you explain a little bit about
what the transfer services separate fee is?
And is it really just all about that E3 exercise
we're doing and it's a one-time
or is there always kind of a component long term?
Eric could be better person to explain that than me.
Thank you very much chair.
The $50,000 is hopefully not long term.
It's been longer term than we want
because there's still activities related.
It will go away once the GATT is the long term fee owner
of the three open space parcels.
It's just trying to get us to the finish line,
which OSA will tell you is,
and she's put a lot of work into this too,
is very, has been very difficult.
And we started the transfer process in 2017
and we're now 2026 and we're still not there yet
with OGLLC and subsequently the resource agencies.
So it's been a long process.
We're hoping there's an end,
but it still looks like it's several years,
possibly down the line.
I want to say thank you just
for my council members benefit
when we get there, you will
notice that the current year
budget is about 22,000 under
budget on the actual. And I
believe some of that was the
is the transfer fees that were
budgeted and didn't get used
this year. So I will let Eric
answer that in more detail when
we get there. But there's you
can see a deferral at least
that we're not spending the 50
is that I'm looking at some discomfort over here.
I wanted to weigh in on a different issue,
which is I would encourage us to stay on E1.
And the reason is that when we get to E2,
Eric's role is going to change.
He's going to sit in the audience.
He is recused from that item because on E2,
what's happening is the GAD is negotiating
with NGO on its contract.
And item E1, the GAD staff are presenting
you. Um it's you know it's
important that we bring the
budget to you as your staff,
So I just wanted to do the
best we can. To separate
discussion of those two items
of that. Appreciate that, But
I think we need to understand
the transfer fee element of the
budget in order to know what
we're talking about. So I
appreciate you allowing us to
talk about it. For a moment.
Councilman Riley. Did you have
a question? No, no. Okay Um, so
I think is build hourly.
And GEO services are hourly on transfer services
or is that a flat fee?
That's correct, that's an hourly fee.
So the only thing that's a flat fee as I understand it
is the first line, a 40K administration on page 127.
Yeah, there's several items that are flat fee.
I'm sorry, I'm not, here we go.
It's not normal for me to ask questions.
I apologize if I'm out of line,
that. I know, but that's a very helpful clarification knowing that the
ministry like there's also, and I don't want to step over, but if you look on
1 27 and 1 28 of E three, the first three items are fixed fee items, um, and
then the rest are hourly. Okay. Well, transfer services is fixed fees. So
that's a different answer. No, the transfer services are hourly. That's
we only bill what it takes to serve as trying to move that
towards the GATT acquiring those parcels.
You just said the first three items were fixed fee.
That's on the 127, 128 in the packet,
which is the E2 item, which-
Yeah, page 127, it says transfer services, 50,000
is the third item on page 127.
I believe- I'm sorry.
On page 127- I apologize.
the administration, the budget preparation,
and the scheduled monitoring events
and the stormwater improvement monitoring events
are fixed fee.
All the other items are hourly.
And I believe that was me that misspoke
and said the first three items.
Yeah, sorry, just looking at it carefully,
you're exactly correct that those items
are the only fixed fee.
The rest of them are just as needed
to service whatever responsibilities are.
For fixed fees, skipping over transfer services,
which is actually hourly.
Thank you all for, I know this was sort of one question
with multiple parts, but it was an important first thing
to get clear.
Council Member Riley, this was your question to start with.
Do you feel that you've gotten an answer to your question?
Yes, but I don't like it.
For further discussion.
that's great. Any other questions? Council Member Hoxley? So on the table 12 and maintenance of
trails, roads, firebreaks, litter removal and fence repairs, the budget item includes a firebreak
mowing road maintenance. My question is the budget looks like it's less than the previous year by
almost $20,000 and I'm wondering why when all other costs in the world seem to be going up
and this is a really important service that we need to provide why are we spending less money on
this item? Certainly. In your approving the biologist contract that's now been taken out
as a separate item where before it went through the GAD manager as far as their fees for overseeing
when we do that so now a budget has been approved for the biologists that's separate we were able to
and we're not going to be
providing enough service. So
we're not going to pull it out
set up a contract with them.
It was approved tonight. And so
that that's the only reason
it's gone down. So we're not
providing us service. Yeah,
absolutely or not. Okay. Did
you have further questions? Or
do you want to bounce around
and, um, yeah. Okay I have a
some quick ones. Um. You said
257 homes, and I'm just
give us a sense of that breakdown. Yes, excuse me. So there's, that's parcels
because the things like the Art and Garden Center, the sports fields also get
assessed. So we're listing parcels there. There are 12 within the Arrinda Oaks
development. There's 245 total homes in the Arrinda, in the Wilder development
and 241 of them are currently, you don't get assessed until you pull a building
permit there's still four vacant parcels out there if I'm remembering
correctly and so with the the art and garden center the sports fields we're
listing parcels at 257 that we they may have different assessments but that
we're just listing how many parcels because they're not all residential
parcels we don't assess open space but we do assess certain things like the art
garden center that need protection from geologic hazards.
That's helpful.
It might just when we do this in a year and we've all forgotten, it might be nice to just
have, you know, especially like when Sunnyside joins, just to give us a little bit of a sense
of how the various HOAs, the relative proportions.
Sure.
Other questions?
I'll keep going, but please jump in.
The assessments, you've got the chart
of how the annual inflation affects assessments.
And I'm curious, does the inflation apply
to the 100% potential rate levy,
or does it apply to the actual?
So if for five years, what we've charged is 90%
of the potential max,
is the inflation applying to our actual,
what we charged or the 100%?
So we are charging 90% of the assessment limit
and the assessment limit is adjusted
for inflation each year.
So even if we're doing 90%,
it's still going up based on inflation.
It's like a compounding thing
that the inflator applies to the 100%
regardless of what we charge.
Right.
We always, every year, the assessment limit will go up
by the CPI and the board can choose to levy
any amount up to that assessment limit.
This year we're recommending 90% of that.
But yeah, it does go up even if you're keeping it at 90%,
it's still going up by inflation each year.
Okay, on page 109, you had that chart of the account balance
the sort of the constant dollar versus the target reserve,
you know, how we're building up our reserve
relative to the target.
Yes, what I thought was interesting
and you guys show it to us every year
and those dips are always the, you know,
you're going to have unexplainable,
you're going to have those events,
you just don't know when or how much.
So you sort of build those in.
But what I noticed in your chart
is you've got one of those statistical events
happening right now, like calendar 2027.
I'm wondering why you didn't kind of have a reality check
on that or adjust it.
We're trying to, when we do these budgets,
geologic hazards and large events,
just like it could be this year
if the El Nino and something happens,
we try and guess the frequency of them, not the timing.
So we sometimes, we arbitrarily put them in at an interval,
but we don't know, it's like an earthquake,
you know a large earthquake's gonna happen.
You just can't tell when, but you know the frequency
that they're going to happen over the long term.
And so that's all we're trying to model.
It shows a dip coming up.
Does that mean that's gonna happen?
Absolutely not.
We don't know that.
Could there be two dips right next to years
right next to each other and not one for 20 years?
Certainly.
So we're just trying to model the frequency, not like.
No, I get that.
But so how does that affect your budget
when the year you're budgeting has one of those events
in the model and when it doesn't happen,
do you then have it be next year forever?
Cause you don't want to just skip it.
We've passed that interval.
We pass that interval.
So the next one on the chart kind of is there
and accounts for that.
So the next one in line will account for that.
This one shows three large dips.
You know, the next one is account for that.
and it doesn't really, if it happens the next year,
then we, if we knew about it before we came to budget season
say we would have a large number under major repairs.
So it's not so it, we address this year to year,
even though we're trying to model something that just says
it'll happen every 10 years or 15 years or 20 years.
So.
But if the event doesn't happen in 27 then you get like
an eight year break to build up the reserve
know, we've had a lot of
technical issues. You know,
the statistical event. We're
close work. No, we don't get
we don't know what that break
is, but for modeling purposes,
it'll do the same thing. It
will. We pass that. If the
developments performing better
than we thought it was, or
we've had less rain, then it
just gets pushed down the line,
but it could happen. Like you
said, you don't know that we
analyze these every year, so
because it doesn't affect it's
going to affect something or
doesn't affect something.
We'll look at what actually
happened and how much we
actually had to spend to repair
things.
So it's a modeling, it's not a
predictor.
Is that?
Yeah, that's not what I'm
asking.
I'm asking about the model.
I understand how modeling
reserves work.
I'm curious how you deal with
the fact that you've got three
and now you're at the cusp of one of your modeled events,
if you don't defer it,
then you've just given yourself a free lack of an event.
If you do defer it, then every year,
you're looking at a drop.
I'm just trying to figure out, do you smooth it?
Do you then extend the curve?
Like I just, you answered the reality question.
I'm asking the modeling question.
Okay. Yeah.
The modeling question is if we didn't have that event,
if you look at this, in a couple years,
we would be up to the target assess,
the target reserve amount that we were trying to hit.
Then we can say we're just collecting
to maintain our maintenance and operations.
So we would lower, we would be,
theoretically we'd be coming back to the board
and just saying, we don't need as much as we did
because we've reached our target reserve.
We're gonna lower the levy this year
because we're only collecting for maintenance
in operation and administration,
we're maintaining where we wanna be.
And there we do expect the potentially theoretically
could drop below 90% to some lesser amount
because you're only funding a portion of your budget.
Right now it says, we're doing maintenance operations,
administration and reserve accumulation
if we take out that, so that's what it'll happen is.
And then if an event happens,
say we're at the reserve level
and we maintain that for a few years
and then there's a large event,
we would come back to the board and say,
we wanna get back to that reserve target.
Can we assess more up near the assessment limit?
So once we zero in on that,
we're just gonna try and maintain that
and we would be coming back to the board annually
with our recommendations for how we maintain that.
$4 million in 2008 dollars.
It was very helpful.
Thank you for putting up with my-
No, no, excellent question.
My do-overs.
Slope stabilization and erosion went up quite a lot.
It was on page 112.
It looks like about 35,000 was budgeted and not
spent this year.
But it went up by, and I've now, my screen has gone to sleep.
But it went up by like 100,000 or something,
at least if I can find the page.
You may not know this off the top of your head
and might need to just follow up with an email.
went up from 180 to 260 budget to budget and actual,
it went up from 146 to 260 in one year.
And that, I spoke about those earlier.
Those are the small slides going up.
So we have actual slides that have occurred
that we want to repair this summer.
So it's, there is some figured in
just to repair the Derry Creek, Derry Creek lane,
landside and the East Bay mud access road landslide that's on the city parcel. So we're
going to we put additional money both to if something comes up during the winter, but
we have two known quantities that we have to repair. So that's why it went up last year.
We didn't have those known things we needed to repair this year. We do.
Perfect. Thank you. And can some of them all kind of see you've got the little table, which
table number was that one? That was table. I mean, that section. I just need to know.
the description right above it on packet page 116.
Thank you very much.
That was all my questions.
Anybody else have any other questions?
I have at least one question about table 12,
which is on packet page 115.
And because I noted that that description
included letter removal and we have heard,
we've had some public comments
and this is something that's been voiced previously.
And of course, of course we can't control
I think we have a lot of
different things to do with
that.
I mean, I still get frustrated
when I go down to the creeks
all over a window and see, you
know, white cloth cans and
whatever, okay.
But at the same time when you
hear about things like, you
know, flammable litter and
things like that.
So I guess it's seen how is
litter removed and what is the
process for that?
And I'm just I'm asking because
what I've heard today from wilder residents
over the past couple of years about that.
Sure, so I know on one of the photographs
where the homeowner had a concern
about the graffiti and paint cans,
I do know I talked to Greg from our office
who actually right after he saw that
when he originally got that photograph,
went out and removed the paint cans
so they were no longer in the waterway and a hazard.
And so we have in the H&M budget,
we had periodic litter pickup.
If there's something like that,
I can tell you just like that where Greg went out,
grabbed him, I know the provider of those photographs
said that they were within the last 12 months,
he got them right away and hauled them up the hill
and got a proper disposal on them.
So if it's something hazardous,
I definitely say tell us, we'll get out there, we'll do it.
If it's something like litter,
we have periodic NHM's budget to do that.
And we want to pick up,
but always we should hear about concerns
within the development buffer area for litter.
And just to put a point on it,
how often is periodic about, you know?
Let me just quickly see how many events per year we have.
Sorry, if I missed that.
I apologize for that, I should have.
There's a lot of detail in here.
I may have missed it myself.
I'm sorry, but I'm going to
the extent that the HOA and
community members are asking
for more, that does seem like
the sort of thing that could
be accommodated in a budget.
That's why I was asking about
those numbers going down.
Because we know that there are
issues, but I thought you were
going to respond that those
We know that there are issues, but I thought you were going to respond that those weren't
necessarily in the area the GAD had control of, that they were in those other areas that
the GAD doesn't have control of at this time.
So here I have on, sorry, I don't have the packet page, it's item 14 on the detailed
list of item D3.
So we have three events planned a year for litter removal within the development buffer
area.
months. We have budgeted to go out there and clean it up. And like I said, we if there's something
large hazardous or anything, please call us or if that's not being adequate, we adjust those.
But we have three planned. Thank you. And Eric, to follow up on board member Hoxie's question
of the three photographs that you received in public comment, I asked Haley today which ones
walls. I believe she told me
that the first two graffiti
walls are gad controlled and
can be painted over by the gad
this summer, is what she said.
And then the third one is on
OG LLC owned land and outside
gad control currently.
That was my concern.
Thank you.
Are there any other questions?
discussion and um, uh, for
motion. Would anyone like to
lead us off? I mean, I
appreciate all the questions,
including yours, Madam Mayor,
um, about the budget. I think
that they were answered. I
know that all of us also had
an opportunity to have, um,
the GAD manager board, I mean the management
and appreciated those meetings and found that they were,
at least for me, helpful in understanding,
one of my concerns during those meetings was to talk a little,
to make sure that our fire mitigation work was being done
to the extent we could.
So I, from that perspective,
I am satisfied with the budget, my feedback,
and this is really somewhat of a question for the,
my question that is at the top of my mind
is the one that every public comment has asked for,
practically, for milder residents.
And so I'm kind of looking at our city attorney
because I don't know where it belongs,
but, or comment, which is that,
how can we develop a strategy that is political and legal,
if needed, and to call the bond, right?
And move this forward.
And that, I don't know if that belongs
in the feedback of this discussion,
but I'd like to hear if others are feeling frustrated
about that as well.
I don't know if we can talk about it now
as that's an E3 or a future.
I would recommend we do it in E3.
I have some remarks prepared to address exactly
the question that you've asked.
Okay, thank you.
And thank you.
Yeah, I mean, jumping in, I didn't,
I felt my questions were answered
and for purposes of the E1 board and the levy,
I'm satisfied and support moving forward.
So someone would like to make a motion.
So moved.
Do we have a second?
Second.
All in favor?
Aye.
Item E1 is unanimously approved.
Thank you.
If our attorney could please explain,
I was not aware that we had a different procedure for E2,
so I'd love for you to lead this office.
All right, so you've seen that Eric Harrell of NGO
has left his seat and that is because Eric works for NGO
and their contract is before you in E2.
So he is recusing himself, he is not advising you as staff.
Instead, this is where the GAD board is negotiating
with N-G-O over the contract.
And that is why your treasurer is gonna make this presentation
and has prepared this portion of the packet.
Hello.
Good evening.
All right.
So item E-2 is a consideration of an amendment
to the GAD manager service contract
for the fiscal year 2026.
So in August of 2008,
The GAD board of directors appointed NGO as a GAD manager
and directed the GAD clerk to execute a contract
on behalf of the GAD with NGO for manager services.
That contract was dated January 1st, 2012.
Section 4A of the agreement approved services contract
provides that payment limit shall be determined
each fiscal year by the GAD board by resolution
for services that may include administration,
budget preparations, site monitoring events,
oversight of maintenance and repair projects.
So the GAD manager is requesting an update
to the payment limit under the consulting services agreement
as required by that agreement.
The total payment requested for fiscal year 26-27
is a not to exceed amount of $224,700.
That is a 1.7% increase over the previous year or $3850.
As you heard earlier,
it's a, I feel like we discussed a bit of this already,
it's a not to exceed contract amount.
And if you have questions about it, I'm here to answer.
I was hoping we could talk about table one,
because that again goes to the item
that I think we're really going to discuss in E3,
but can you explain the status of the open space parcels
and how it relates to the budget for the GAD Manager?
I can probably help a little with that.
So when we had this meeting a year ago,
there was frustration over the status
of the open space properties.
that they had not transferred yet. I heard you loud and clear and so did GAD staff. So over the
last 12 months I've been working on this problem as has GAD staff. So you can see for example that
my billings exceeded budget for the year and that's because I've been working on this problem
and some of the things that I've been doing have been for example I've met about 10 times in the
last year with the attorney for CDFW, attorney for East Bay
Mud, attorney for East Bay Parks, and a representative
from the Wildlife Heritage Foundation, which
is the conservation easement holder,
and have been trying to chip away at this problem, which
is that OGLLC has largely stopped doing the things
is they're obligated required to do
to try to get those properties ready for transfer
to East Bay Mud, East Bay Parks and the GAD.
And the entity with enforcement authority here is CDFW.
They are the ones that are owed the mitigation
that includes these open space properties.
They hold a substantial bond and have been preparing,
sort of moving towards calling it
have not called the bond yet. So that's what we talk about in our meetings. We say,
what else needs to happen? How can we support you? What is it going to take to get to a place where
the bond is called? The one bit of good news I have to report is that whereas the grazing plan
was previously outstanding, the East Bay Parks land particularly grazing plan had not been
approved by CEFW, it is now approved as far as I know. But that's not the only thing that needs
to happen. I am expecting and I'm anticipating it pretty much any day now, hoping, had hoped
to have it for you tonight, that CDFW will send a demand letter to OGLLC basically along the lines
of the three demand letters you saw in your packet. GAD sent one, East Bay MUD sent one, East Bay
Park sent one. Those need to be all grouped together. CDFW needs to add its bits and a new
demand letter needs to be sent, that's the first step in calling those bonds. I have pushed and
pushed and pleaded and begged and cajoled and tried to get them to issue that letter, but I
checked in with their attorney today and it's not yet been issued. So excuse me. Did the attorney
give you a reason? No, I just think state agencies move slowly and this is no exception.
So I wish I had some better news to report to you
that it is not for lack of trying.
And I have spent a tremendous amount,
I would say too much time on this the past year,
but I don't see any alternative.
With a little bit of progress we've made,
I think has been because GAD staff
and I have been focused on this.
When Eric comes back up under item E3,
he can tell you all the things he's been doing
to try to get some progress on this.
but in terms of your question about the budget,
I am anticipating I will continue to need to work
on this problem and I may exceed my budget
in the coming fiscal year because of it.
And the 50,000 that NGO has budgeted,
which is the time of materials amount,
I imagine they're also gonna spend a significant portion
of that to try to get this problem solved.
So do you think this budget is adequate
to address the problem or do I mean, is it-
Well, I hate it when I exceed a budget.
So I will say my budget was inadequate.
I almost spent almost double what the budget called
for me to spend on GAD matters this year.
I hope the 50,000 is adequate.
Eric can come back.
I mean, it was his recommendation.
So I suspect that's how he came up with the 50K.
Can I ask another question?
And then I, again, I'm not sure where it just seems sort of,
I think the GAD board would benefit
from participation on in some format and some appointment
by not just the two of you and our GAD managers,
but also our city manager.
Where does that fit in?
Is that something that would have to be a future?
Right, so as it happens, I am both your city attorney
that you're looking at. You
And. Those two entities.
They're separate, but they have
been working very cooperatively
on this problem. Right. And
that I briefed the city manager.
I think that staff briefs the
city manager and vice versa. So
that the city and dad work to
try to solve this problem
at the end of the meeting to look at some of the governance and roles. So if that helps,
I think we're, we're feeling similarly about a more formal connecting of those city and
get roles. And it's, it's from the spirit of not any critique of what we currently have,
but just that more could be even better because we have more at the city and we get a lot
I'm not going to get, I'm sorry.
I'm not done.
I'm wondering if we need.
A legislative.
Push or advocacy.
To put pressure on the California fish and wildlife people to do what
they're supposed to do.
I guess.
Yeah, that that's.
Um, because I would really like Eric to be at the table when we have budget questions
that would take budget to write. Um, I would say if we went into a shortage of budget and
we haven't solved this problem, we will come back to you and ask for more money. Good. Because
we have heard you loud and clear. Because our residents have been waiting. Yeah. And
this is just NGOs contract naughty and we've already approved the budget and so a bust
will be dealt with as a bust. Yeah. So back to the contract.
Okay. So I'm fine with the contract.
Well, to our treasurer and our GAD attorney, I assume the approval is recommended. Resolution
526. That's the correct staff.
For item E2, that's the staff recommendation. Yes.
That's the staff recommendation.
I have one question, if I may.
Those oversight roles, so that sort of 20%.
I just wanted to hear the treasurer explain
a little bit about, are there construction managers?
Is NGO a rail construction manager?
Or are there construction managers?
And this is kind of a manager managing the managers.
I'm trying to figure out how much of this
is sort of cost fluff, to use a pejorative term.
and is it time and materials or is it like a cost plus thing
that they just get for the fact that there is project work?
So any project work that's happening,
they're having to manage,
they're having to hire the contractor,
they're having to do the monitoring and the other items.
So it is a factor of the amount
that they're spending on those projects, right?
So if there's gonna be a slope stabilization
that costs a hundred thousand,
there'll be a $20,000 fee for administering
that under thousand dollar construction.
But what, okay, so they select them
and they manage the bill payment.
Are they project managing, construction managing,
or are they just administering a contract?
I believe that they're both project managing
construction, managing, yes. And is it a cost plus format or is it a T&M format? I believe it's a cost
plus. Yeah. So we pay 20% more on every single project. So isn't this, this is the question we
talked about at the top which was there are only three fixed price items. Four. Oh are there four?
Okay. I believe they are on packet page 127. Administration is fixed at $40,800. Budget
preparation is fixed. $4,500. Transfer services are hourly. And then at the top of $128 scheduled
monitoring events is fixed. $29,200. What about stormwater?
improvement monitoring events was fixed. That's also fixed and the rest is time and materials.
Okay. It's not cost plus. Okay that was the question. Okay. So the 20,000 I think is a not
to exceed number. But we don't automatically pay a 20% premium on everything for the management
layer. We are actually just paying for the actual administration that is done. So that's what I'm
hearing. That's what I was looking for. Thank you. That could be a lot clearer in next year's
materials. I apologize that it's not. No, that was that was the answer I was looking for,
and so that was it from me. Are there any other questions?
In the spirit of moving this to the exciting event on the agenda, do we have a motion?
Oh, I'm sorry. Do we have public comment on E2? Thank you.
Seeing none, we'll bring it back up. Do we have a motion or do we want to discuss this further?
I move to approve or adopt resolution 526. Second. All second. All in favor? Aye. Aye. Great,
with that we'll move on to item E3 and that is the long awaited, always frustrating transfer of
parcels and it looks like Eric is in the hot seat. Thank you Board Chair and Board Members. So
here we go. We have one more presentation on this from staff. This is regarding the transfer status,
which I know has been touched on. But hopefully we can get most of those questions answered and
I was hearing that also had some comments on here. Well, later. I sort of already made my
comments. But if you're fine, if you're good, you got in. So this is to receive the transfer
update and provide direction to staff.
We have a couple items in here as we go through
that we're asking for direction on
and we'll give you an update
and then get into those questions.
So I think you guys know all this.
I won't spend much time, really any time on this,
except to note that the GATT has been accepting properties
since 2019 whenever we can.
And most recently the board accepted February of last year.
So we've been accepting everything that we can
when it's ready and trying to move things
from the developer OGLLC to the GAD.
The main thing that's holding up other parcels
that we get to is that they're under a conservation easement
and a resource management plan.
And that has requirements that need to be fulfilled
that the GAD doesn't control that where we come into the California Department of Fish
and Wildlife where the resource management plan says the resource management has to be
complete and signed off by the California Department of Fish and Wildlife before the
GAD can take its long-term management plan and receive its endowment money.
There's approximately $1.8 million.
getting an update on that and endowment funds for the GAD to do its duties under the long term
management plan. We don't have access to that yet and we cannot get access for individual parcels.
It is the California Department of Fish and Wildlife has stated that they need to transfer
everything. They can't break up the endowment so we're kind of stuck when it comes to
getting them to approve their resource management plan,
improve OGLLC's completion of the resource management plan.
And obviously that hasn't happened yet
with the obligations that remain outstanding.
So this is a quick picture of all the areas
that were within the GAD and the area.
The GAD is defined by the blue line.
and you can see that there's private parcels, city parcels,
East Bay mud parcels, East Bay regional park parcels.
So we're working on everything within the GAD,
as you've heard before with East Bay mud
and East Bay regional park district
to try and bring these closure
because they have exactly the same situation
that the GAD does, which is
there are outstanding responsibilities
are required to be finished under the resource management plan. And there's back taxes that
have not been satisfied with the county. So all three entities who are supposed to be
long term property owners within the GAD have not are working on the same problem. They're
working on the same issues. And that's where OSA has been coordinating with the attorneys
from them as long along with wildlife heritage foundation to provide who holds the endowment
over the conservation easement oversight for these properties. And so that's where we
are right now. This one shows a little bit larger thing just to identify as the East
Bay mud parcels, future GAD parcels. Those are future East Bay mud parcels because they're
are all still owned by OGLC. They have not been transferred in fee title. This shows
the area of the development and the surrounding area. In February of last year, the GAD Board
approved the GAD doing weed abatement and litter pickup within the orange area, the
development buffer donut that goes around the homes.
We felt that was most critical.
And the board, so the GATT is performing maintenance items
within that area, excluding certain landowner duties
such as taxes and public access
to the orange colored development buffer area parcels.
So the one to the right, the far left up in the corner,
the far right up in the corner are the Quarry Hills and the Eastern Hills Open
Space that are again will be future GAD owned. So the outstanding parcels for
transfer are those listed right there. The GAD being a long-term property
owner of the development buffer area the Eastern Hills Open Space and the Quarry
hill open space. And these are what we've been discussing tonight where
they're these parcels are subject to that resource management plan which
includes the long the agency requirements for them to complete both
infrastructure obligations and habitat obligations within those parcels. The
the California Department of Fish and Game has told the GAD that
that they no longer have any habitat issues,
any concerns within the development buffer area,
but they will not release the endowment funds
that the GAD would need to service
those long-term management plan items in the,
even though, because we can't split up,
they say they can't split up the endowment.
So even though they say they have no concerns
in the development buffer,
and we are doing weed abatement and litter pickup
in that parcel, it's still not released to us
for fee title transfer.
That's held up by getting the CDFWs approval
of the resource management plan.
And that is all happening as a group under their oversight.
So, and then just kind of some recent
and current activities and OSA and others
have touched on some of these.
So in 2025, East Bay MUD, East Bay Regional Parks
and the GAD issued cost estimate letters to OGLC
for items remaining to be transferred.
Those totaled up to about one point,
between the three agencies,
those totaled up to about $1.7 million in back taxes
and unfinished improvement obligations.
So that does not include what OSA was talking about,
which is getting the letter
from the California Department of Fish and Wildlife
to identify those habitat issues
that are still unsatisfied by OGLLC.
So 1.7 covers the three demand letters
that were produced in 2025.
And in 2026, the GAD, East Bay Regional Parks,
the city issued a joint letter,
California Department of Fish and Wildlife,
asking it to complete its obligations
to call OG LLC's bond to satisfy these.
We do need their demand letter.
We already have the other three entities
have already done theirs.
And so that's what we're still waiting for on that.
the California Department of Fish and Game has approved the grazing plan for the GAD areas and
it had that was in January of 2025 and in April of 2026 it approved East Bay Regional Parks grazing
plan so after getting this letter in March if you want to talk about a baby step we did get East Bay
regional park got their grazing plan which had been in CDFW's hands for quite a while.
And then at the bottom of this, so there's additional fire abatement work especially
within the eastern hills open space that the developer has either been, OGLLC has either been
delinquent on or uh uh late or not doing and so we have been in discussions with the City of
Arinda to possibly uh do some additional weed abatement work out in the Eastern Hills open space
to provide additional fire protection for the development. Um we understand that OG LLC still
has some money on deposit with the city from the wilder development that we would look possibly
at splitting 50 50 the work in the eastern hills open space to complete the M.O.F.D. required
Miranda right around the fire department requirements within there to provide additional space.
The estimate that we got from our contractor was $22,500 to do that weed abatement work.
If the board would like to consider it's appropriate to direct staff to continue those negotiations
with the city to see if we can come to an agreement to provide some additional fire
protection out there.
looking for that tonight if if that's part of this transfer status the we'd
also if the board I know it came up earlier we're going to be over painting
some of the graffiti in the development buffer area or not excuse me within the
current Gatto and parcels of the detention basin if the board would like
us to consider doing, it would be a relatively minor amount, some overpainting within the
development buffer area of some of that graffiti. We would, we would, we would appreciate that.
And then we're available to answer any questions. We just, we know there's been a lot of interest
and discussion on this. We're, we've heard the residents and we're concerned about that
we're trying to move this along it's just and we're taking whatever we can as far as obligations
and responsibilities to minimize especially fire risk in the project but we know there's
there's things that haven't been happening as far as the motorcycle trails and things like that
If you see in the demand letter, there's a $130,000 estimate
to remove that motorcycle trail.
We just got that for informational purposes
from our contractor.
It's an obligation of OG LLC from the,
their conservation easement holder,
Wildlife Heritage Foundation.
So we're, we look at these things and we're,
they've been issued a violation notice for that
2020, July of 2024. Obviously that hasn't been resolved yet, but we are looking at some of the
things like additional weed abatement because if a fire happens out there, we feel that the
GAD would may incur additional expenses doing vegetation management or erosion or shallow
That's one of the things we
have seen in the past.
We know that we are still
landsliding from the effects of
a fire even if we don't own the
property.
It still may affect the areas
that we do maintain.
So we just wanted some board
direction on that.
And we are available for any
questions.
May I ask a numbers question
real quick.
You mentioned the cost estimate
from the three letters that have
that's the only thing we can do.
management plan. The 1.7 million dollars is for back taxes and for
infrastructure improvements so separate from the long-term maintenance of
everything. These are the fences, corrals, gates, water sources that they're
supposed to have built under their obligations. That's the 1.7, that along
with the taxes are just to get the things built that we will maintain under
that endowment. The bond would be looked to if OGLC has not, as far as they have not responded
to the GAD from our letter from last year, I am not aware that they responded to East Bay MUD
or East Bay Regional Park 26 about their demand letters either. So we have not received a response
from them. But those that money to fulfill those infrastructure just building the infrastructure
would come from the bond if that's that's where we're looking to build that infrastructure is from
the bond. So how much is the bond? I believe it's three point something right? Yeah I think it's
but keep in mind we are the three long-term open space property owners are not the only
people going to make demands on that bond. CDFW is expecting to have its mitigation
obligations met through purchase of credit at a bank. So the bond is
maybe adequate, barely, to cover all of the outstanding obligations. Sorry, can you explain
that last piece? I don't understand what you're doing. Okay, so in order to issue permits to build
the 245 homes and do all the work that happened in that valley, the resources agencies required
substantial mitigation. Some of that was supposed to happen on site. It didn't really work out that
way. And so in order to make the resources agencies whole, they're going to demand purchase of credits
at a bank. I haven't seen the letter, but that's my sense of where they're going. And then the open
space properties, East Bay Mudd, East Bay Parks, and GATT owned future, those were also part of the
we have an increase in the
population.
There was an increase in the
business package that this
developer was supposed to
deliver in terms of mitigation
for the 245 homes.
We're sitting here tonight.
We don't own that property yet.
It hasn't been delivered and
there's a bunch of problems that
need to be fixed.
Back taxes, rogue trails,
et cetera.
I have a bunch of questions.
I'm sure we all do.
I'm thinking about it almost
like a, like a real bankruptcy
where there's roughly three
million in a bond and all the
conditions of transfer are
And then we'll figure that out
because I'm not hearing a huge
gap. And then we'll release the
1.8 million endowment that is an
endowment for the future. Is
that really simplified?
The endowment is safe. The 1.8
is safe. It's sitting with an
entity called NIFWIF, and it's
building up, it's growing over
in the future. Dad, East Bay Money, East Bay Parks, OG LLC does not get any of that money.
And that's for maintenance? Yeah, exactly. Okay. That's what? Forever money. Open space
maintenance. So we've looked at the open space maintenance. So it was done in 2006. Originally,
we updated that real recently last year and found that it would take the 1.8 would be,
it's not overfunded. All of
it would be needed because the
developer was asking well, if
it's overfunded, can we use
some of that? And our letter
said when you look at all the
numbers that it takes to do
everything the GATT is asked to
do, the $1.8 million is not
overfunded. It's adequate but
not overfunded.
But the thing we're feeling
urgency about regarding making
the transfer happen, there's
from the three agencies plus the unidentified CDFW and other mitigation and when if that bond got
released that could meet all the conditions of transfer. That's what I'm hoping but I have not
seen CDFW's letter. So CDFW is working on a letter in which they're going to say to the surety
And I don't know what CDFW is going to say in their letter because we're waiting for it. We haven't got nothing yet. And so can can you clarify and I'm sorry I feel like we're just maybe this is repetitive for you and I apologize. So, so, but
Maybe this is repetitive for you, and I apologize, Zosa,
but on a real, as simple, on a layperson level,
can you, what needs to happen before the bond is,
or to call the bond, right?
Calling the bond is, first of all,
what does that mean exactly, calling the bond?
So I think what that's gonna mean in this case
is the Attorney General's office is going to have to come in
and represent CDFW in basically pursuing the surety.
Say, you know, if there's a contract, basically,
the surety said, we're gonna stand behind
the obligations of OGLC.
OGLC hasn't met their obligations.
The surety we think is contractually obligated
to release the money or fix the problem.
You can imagine that there might be some room
for dispute about that.
That's why Attorney General's office needs to come in
and represent the state.
But the first step in that process is a demand letter.
Which we've been asking for, I assume for a very long time.
So this brings me to my original question is that,
what is our, I guess I both understand
that this is a lengthy complicated process, we get that.
I also share and maybe the residents,
I mean, frustrations with how long it's taking
and whether there's anything else we can do
in the way, along the lines of,
I mean, can the GAD board,
does the GAD board have the ability to employ
sort of the legislative advocacy
community. We do know that we
employ with other priorities
for residents.
That's what you see in the
packet is we did send a joint
letter. We East Bay might and
East Bay Park sent a joint
letter and I don't know, you
know, cause and effect. What
cause? You know, we have very
small bits of good news and you
know, they do continue to agree
to meet with me on the phone.
to be. I think it's in part of
the pressure that the Gads been
putting on, the pressure that
the public's been putting on.
So I don't know that there's
anything we haven't been doing,
honestly.
I mean, have we met with
Senator Grayson? Have we met
with Assemblyman Rebecca Bauer
Cahan? Have we met with asked
for a meeting with Bonta?
That's a political move that if
the city manager were here, I
think she would explain to you
I don't know Eric do you as GAD staff? I don't think you've done those things but
or maybe you have I don't know. No we have not reached out to the political
representatives and on this yet we were looking at what response we got from the
march letter and we got an incremental response and then as Osa said they we were hoping to have
it for this meeting, which would be their fourth demand letter we need, which is theirs. The three
have already been produced and I think, I also said on the meeting I don't want to speak for,
but I think East Bay Parks and East Bay Mudd are equally frustrated with the process.
I think the GAD's taking the lead here. I think East Bay Mudd and East Bay Parks are great
partners and they're working with us and have similar problems, but it's the GAD that has the
the greatest urgency. And it's because our open space, our future open space properties
are the closest to the homes. Could you just give us a timeline? Because I think we're,
you know, we don't live in this world every day. Assuming it sounds like you believe the
CDFW, that fourth letter could be imminent. So if you could give us a sense of like, if
I don't know if you have the
what if the timelines look for
then, you know, then the
sure, you know, then the
surety responds, then you
fight about the bond, then if
even if the bond got released,
it would like when would the
money shop could you give us a
sense for how it could work out
I think it's not going to be
this fire season for sure. And
so for that reason, I think
that it makes sense for the
but it's not technically our obligation to do so.
I think that it makes sense to follow through
with the staff's recommendation
that we spend money to do the fire fuel abatement
because it's fire season and that's-
And we haven't discussed that yet.
I don't think you're gonna get a lot of pushback
on $22,000 for weed abatement, but I still,
I mean, speaking for myself,
I don't understand what the process looks like
on the calendar, even in a best case scenario.
I don't know what it looks like
from here to the finish line.
And I don't either because I think that this project
was the first that the state ever allowed,
or one of the first, they ever allowed a bond
instead of a line of credit, or excuse me,
a letter of credit.
So it used to be that you couldn't get a bond.
You actually had to have money in the bank.
and they were, I guess, convinced
that the bond would be adequate.
It of course made the development less expensive.
And so I don't know that CDFW has ever called the bond.
We've understood from our discussions
that they haven't called a bond.
And so we're, as the GAD within the development buffer
and stuff, doing immediate stuff like weed abatement
and things like that, we would anticipate,
the board's asking for, I would be surprised
if the GAD wasn't doing weed abatement next year
under very similar circumstances as now.
That's, I just, the way things have moved
even with the pressure that has been brought,
I just, once it gets between the attorney general
and the bonding company and that, I still,
that. I don't know. I'm planning that next year we would be doing the same weed abatement.
And I'm not willing to concede that. I have litigated, I mean look, the city, the state
of California and the Attorney General's office are extremely formidable opponents. Right?
And this may be the first bond they call, but it's not the only bond they have. And
so I am hopeful that they will see this as an important case and that they will need
to bring the full force of the Attorney General's office
to bear on this and make this problem go away.
But look, being a realist also, as Eric points out,
this might not be just a one-year thing.
That's an incredibly helpful answer actually.
Please.
Who holds the bond?
I mean, who's the surety company?
What's the name of the surety that I don't know?
I mean, are they reputable?
Are they, do they have the money?
I mean, honestly, I got research I haven't done because it's not the cities or the GADS bond at
CDFWs, but it was somebody that was acceptable to them. I mean, that's a whole other layer of
problems that could be waiting for us down the road even if they do call the bond. They're in
their whole layer of problems. There's so much I don't know about that. Like, for example,
what kind of collateral is the bond company holding? Right. Because it's not our bond,
I don't really have good insight. Did OGLLC actually declare bankruptcy? No. Not that I know of.
So are we sure there are no assets there that we couldn't go after?
No, we don't know that either. But to find that out, we have to file a lawsuit. Right.
With Discovery. Yeah. So if you'd like a close session, we can talk about.
I mean, it just, I assume because I read that the main person died and they, you know, told the city, they had no money that we believe they have no money, but I just don't know if we've done any research to actually make sure they have no money that we.
We've researched what we could, what I could find in the obvious public records. But the thing about LLCs is they don't have a lot of obvious public records.
And so we need to do discovery in order to get the real answer there.
And the other thing I just don't understand is the overlay of this wildlife heritage foundation
and what obligations they have as a conservation easement.
Do they have any maintenance obligations as the easement holder?
They have enforcement, so they issue letters to OGLC to correct something
in violation of the conservation easement.
So they're the conservation easement holder
during the resource management plan.
And we, during the transfer,
when it becomes the long term, the GAD,
as a long term owner, we can keep them
or we can seek another firm
to be the conservation easement oversight holder.
So-
Do you have to have a conservation easement oversight holder?
Yes, you do.
Yeah, because they're the ones
who the regulatory agencies look to to say to ensure that those are that the
long-term management plan is being implemented properly so they have
reporting requirements and things like that so yes they don't have any direct
requirements with regard to the property they just report to a monitor and report
but they're not they're not financially it's not theirs to fix they there's been
the question. It's in the July
open space violation notes and
they were just issued another
one for the Western Hills open
space, which is that area that
East Bay mud parcel East Bay
parks, using East Bay Park
parcel that you see there. So
if it's an East Bay parks
parcel and they've issued a
so that we can take on ownership of these lands.
And I apologize, I need to interrupt really quickly
to extend our meeting time.
I assume the policies and procedures
for city council extend to this board.
Well, that's how you've operated in the past, so yes.
So I know this is from the item on the agenda,
but I don't feel that we're at the end of it.
I'll suggest 20 minutes, 15?
15 sounds good.
Okay, let's try 15, see if we can hit it.
Do I have a second?
Second to extend to 10-15.
Okay. All in favor? Aye. I'm sorry, as you were. I've lost my train of thought, but it just,
I agree, we need to do whatever buffer, weed abatement and all that doesn't seem too
controversial, but we're not there yet. I was just asking technically questions. We're still asking
questions and I think I've kind of got the lay of the land and then there's more to discuss. So,
Cool. Questions? Questions? In terms of strategies and how to approach this instrumental problem,
we've talked about using or working with political folks. Is there anybody in the state
organization maybe that above in the hierarchy above the whatever it's called the fish and
wildlife organization is is there anyone we can go above to kind of put pressure on them
to help us? Newsom? Just Newsom? They report straight to Newsom? Or do they report to anybody
in between? I mean I think we should pressure that person as well. They should be aware that the fish
and wildlife people aren't cooperating,
because you've never been a developer.
The Fish and Wildlife and the Coastal Commission
are the worst of the worst of the worst.
But don't you have anyone you can press to move it along?
No?
I think what we're looking for and hoping is that
once the demand, and also has more familiarity with this,
is that the Attorney General's office
would have more of a, you'd essentially handing it off
for that port once you can get,
yeah, it may be one or two letters,
I think I've heard two from them,
that then it essentially would get handed off
fairly quickly, be out of their hands
for whatever period of time it took
to resolve the financial issues.
As part of my second question is,
if there's anything in here that's negotiable,
are we just stuck with what we have or is there a way to work with reducing the taxes
or reducing the obligations that were fixed many years ago?
We have worked on all those things and we are continuing to work on all those things.
And who are we negotiating with?
Well, Eric's working on the taxes this week, so I'll let you talk about that.
Okay, so I can get that one.
Who else are we negotiating with?
the obligations under the financial obligations
that we outlined are just infrastructure
that hasn't been built.
So it's just the contract price to build
per linear foot of fence.
And it's just, so we're not, the amount of fence
and everything is set.
So there's really getting a lower price,
but it still has to fit within there.
we are working on delinquent taxes and current taxes with Francisco and
Associates one of the and the engineering firm that helps you know
that sets some of the tax rates for those vacant parcels just to see if we
can reduce it. We don't want the properties to go into foreclosure because
that adds another layer of complexity on this that we're again we're kind of
stuck because we don't want their delinquent taxes since 2022 and so we're just trying to look at
reducing things or canceling taxes and then looking at potentially satisfying at least
some of those to make sure it doesn't go into foreclosure. And just the last bit that we would
not be GAD funded it would be the City of Arrenda because the City of Arrenda holds a small amount
of deposit, thankfully, from this developer. Because, you know. What's that amount again?
Excuse me. What's that amount again? Doug could tell you all the details, but enough that we could
pay at least the five-year-old taxes to prevent these from running into a tax sale situation.
Because that would make the whole thing much more complicated. So we're, you know, we're working all
the, not enough to solve all these problems, but enough to cause them to keep them from getting
we hope. Can we as part of this staff report can we invite our city manager to maybe offer any
comments? Is that allowed? Absolutely. If you can ask a member of the public to come up. Okay because
I know that there's been a lot of work to also work in tandem to make all this happen and I
I think some of our questions. I would appreciate hearing from Linda on. Thank you city manager.
And sorry to put you on the spot. No worries. Good evening, members of the board. As city manager
of city of Arinda, I've been working to protect the interests of the wilder community and have
been working in conjunction with the city attorney and the GATT attorney role to figure out how we
this. I've been in touch with the Bay Delta region, CDF W
supervisor, the person who was working on our activities went
on an extended maternity leave. That's part of the reason why
things have been slower over the last several months. I've been
in touch with Senator Grayson's office. I've written a letter to
his staff to keep them on notice that this is coming their way.
Most likely that we will be looking to them to help facilitate
conversation with CDFW. If we can't seem to get things moving, I've been in
working with GAD staff on trying to resolve the outstanding tax matters. I've
been in touch with the tax collector directly. I've been in touch with the
county assessor directly. I've learned that if we don't pay the 21-22 back
taxes by the end of this month, they will start proceedings on the
I think I'm seeing a lot of
that. I'm trying to figure out
what we're doing. I'm trying to
figure out what we're doing.
I'm trying to figure out what
we're doing. I'm trying to
figure out what we're doing.
I'm trying to figure out what
we're doing. I'm trying to
figure out what we're doing.
I'm trying to figure out what
we're doing. I'm trying to
figure out what we're doing.
I'm trying to figure out what
we're doing. I'm trying to
figure out what we're doing.
I'm trying to figure out what
we're doing. I'm trying to
figure out what we're doing.
I'm trying to figure out what
we're doing. I'm trying to
to be able to do that. So the
And on the other hand, I
would like to just say, to
move things forward. I've
been in touch with the fire
chief. Around the abatement
work since the notice went out
in December of 2025 to abate
the properties around the
gad prop the future gad
properties and have gotten
extensions from the fire chief
for that. And working on with
gadstaff on some sort of cost
sharing agreement so they can
we're gonna be working towards that if the GAD board
decides to agree to funding a portion of that amount of money.
Thank you very, very much, super helpful from there.
First of all, any other questions before we,
let me just see if there's any further public comment
and I would note that a lot of the public forum comments
were prior comments on this matter.
And we'll ask Bob Finch.
Well, you need to speak on items different
than your public forum topic.
Because you cannot speak twice on the same item,
but his first item was public forum.
Well, this is tangential to that,
but it's not directly related to that.
I want to be able to say that it's very good
to have heard about all of these efforts
that you all are making.
I for one didn't know that.
My point earlier was to urge people to do this.
Obviously, people have been very active doing this.
But I want to take a step back and say,
this is a very interesting law school hypothetical.
But you have 245 real families that are at real risk
with real kids.
And it's not just a legal exercise.
And as you say, we're frustrated.
But it's so much more than frustrated.
We are at risk.
And so we have all of these layers
and these lawyers talking to each other
and maybe the attorney general's office get involved.
That's really great.
And these are all steps that need to be taken,
but this is not an academic exercise.
We're sitting out there,
sitting ducks and new fire season is starting.
And now we hear that despite all of your good faith efforts,
it may be even another fire season
before this is successful at all.
And you know, the city allowed Wilder to be built.
There's a development agreement.
The city was in on this.
This was a holistic project.
And yet, now that we're here,
we have all of this trouble
and all of these different jurisdictions.
And it's just very, very, it's not just frustrating.
It's a very, very serious problem for 245 real families.
I'm wondering if there's anything being on the board
of the HOA, if there's anything that the board can do
or the community can do.
Can we put pressure on anybody and write letters
to the wildlife entity?
Or we've already been in touch just this week
with Bauer-Kahn hoping that she can get involved.
And I don't know whether the Attorney General
has acted yet at all in this process,
but I mean, this has got to come to a head
and resolve this because we have people
that are in good faith, bought homes there,
that the city was involved in creating.
And, you know, we're sitting here at great risk.
So, we're more than just an interested party.
Thanks.
Thank you.
I have one further question before we bring it up
and please, just a quick question to the city attorney.
Can the developer do anything?
I'm sorry, the GATT attorney.
Can the developer do anything to accelerate
the bond payment process if they were to,
you know, officially declare default
or is there somewhere that they could trigger a bond collection
as between them and their surety holder?
That's a great question that I haven't researched.
My sense is that they are not opposed to the surety paying
out, right?
That's what I'm wondering if they could.
Anyway, there would be a wonderful follow up
to see if they could proactively say, we are bankrupt.
We want you to release the bond.
Well, they have not, their bankruptcy, that they've been great careful.
Maybe they need to, maybe that's what I'll ask.
The question about what can we do to apply pressure, maybe the pressure needs to be that
OGLC needs to take a more affirmative step vis-a-vis the surety to reduce the time and
process and excuses not to pay it.
Anyway, I know we were in the middle of public comment.
Was somebody else going to come up and talk?
I will look into that.
I just want to say that for the record, we're not in any way cooperating with OGLC to try
to get the bond released, right?
The claim will be OGLC is out of compliance.
And if OGLC defends themselves, I don't know.
But the goal is to make a claim against the insurance, the bond.
So I want to be careful not to do anything that makes it look like we're somehow cooperating
Correct. That was more of an adverse to us. Absolutely. Yep. Thank you that know that was
helpful. It looks like maybe somebody else from the public wanted to speak and the public
comment is still open. I just interrupted the public comment with that question. So
we need to come to the podium if you're going to speak. I'm sorry. The meetings are recorded.
Kathy Finch, I live at Wilder. Wilder has been litigating with OG for the last several years.
They do not respond. I mean, it's like talking to an abyss. So they keep missing deadlines that
they're supposed to appear in court. So trying to deal with them is our biggest problem.
And I assume that you're getting no response either.
So I think we have to go beyond, Gee.
To your point, not only are they not cooperating,
they are not responsive at all.
Correct.
Were there any other public comments
before we bring it up for discussion and direction?
I just had one comment if that's okay on the board.
I just wanted to let the board know
that based on your approval back in February of 2025,
all the area of the development buffer,
so the area surrounding the parcels,
is being abated to MOFD standards.
So 100 feet from every structure.
So we're looking to possibly increase that,
but we are making sure that we've met with MOFD,
we've been out there and 100 feet from every structure
is mowed according to their requirements. So I just want to make sure that they know that we are,
even though we're not the landowner yet, we're doing the requirements as far as the M.O.F.D.
regardless of who owned the land. I really appreciate that clarification. We're bumping up
against 10-15. I'd like to suggest that we do up to 10 minutes so we can wrap up. But question
of the group. Is that acceptable? Okay. I do have a second. Second in favor. I up to
10 25. May I have one more question? Please go backwards. Um, on the 22,000 for the weed
abatement that was, um, to be split between the two, right? Or is it 22 from each entity?
So the total is 22,000 good to go. Was 22,500, uh, half to the GAD after the city is what
are looking at right now. Do you think that's a one-time thing if you went out and did that
today you don't think those weeds are going to be coming back and you're going to be doing this
again? That's what happens usually. I unfortunately said that we might be looking next year to
not having a final transfer yet so we might ask the board that that would happen next year also.
Oh I meant this season. I think if you do it now then you may be doing it again.
usually by this time of year if we cut this late we usually don't get a lot of regrowth.
Most of the grasses are dead by now and so actually when we do cutting earlier we do plan
if you look in the development buffer in the budget we have a second cutting plan. This is
so late in the year that we usually don't get regrowth by now. So we're thinking this would
be adequate for this year. And if it's not do you have money to do it again? We could yes there is.
Okay, thanks. First of all, if there are no further questions, yeah, decision and direction,
please. Commentary? Redebatement work? Yes, please, now. And if we need to do it again
at the end of summer and the early fall, yes, please do it again. I think, you know, over
painting in the development buffer area, I personally think yes, absolutely. You know,
So those were sort of the two questions that I heard
that were direct questions for immediate feedback.
I am concerned about, you know,
to the extent that grazing plans are approved.
And, you know, I think that's a public comment we heard
from Mr. Finn just now is something I really agree with
and that there is an immediate...
We have to make sure that MRFD recommendations
are being adhered to and that that work is done.
We have to find a way to make sure that work is done
where it's a safety concern, right?
So that's just my concern.
I don't, I think what you're proposing covers that.
I don't think that those necessarily,
it sounds like we are doing the mitigation
in the entire development buffer zone, correct?
You said that, okay.
that's correct okay so that's my feedback so far i don't know i'm most concerned about the the
back taxes issue and not getting into a tax sale situation i feel like we need to do whatever we
need to do to either get those taxes removed or paid or whatever it's going to take so that we
don't have an overlay of a tax i believe that was a third request for direction and so i believe
that would be an advance to
be an advance to the extent
that those could be reimbursed
because that's not the city's
obligation.
I think that's exactly how we
would present it.
We're paying these taxes now to
make the problem not get worse
but we would want reimbursement
through the bond. Thank you. Yeah I agree with that and I absolutely agree with all the needs
for weed abatement fire compliance with M-O-F-D and I think painting and cleaning up is really
important as well. I was wondering whether you know litter abatement three times a year was
enough if we're seeing as much unauthorized use of the space as we've been seeing but I feel like
we need to be more proactive in making sure to the extent we can that we're doing what we can to
stop those unauthorised uses. If you're talking about the mountain biking or the
it was more worried about the smoking and the kids. Okay well but all the sparks that come from
the bikes and whatnot I don't know what kind of bikes they are but I think we should probably make
that a higher priority than, you know, like do we have signs posted? I think they take the signs
down as soon as you put them up. I just don't know if they're, you know, so I don't know if we can do
any more because that sounds really scary. If you can see sparks or hear sparks or those, those
highly flowable cans of paint are out there and I don't know if we should think about elevating that
cause. In addition to all these other things, I agree with every what we've all said, but
I was wondering if we want to do something about that mountain biking trail business.
Excuse me. I can add some on the signs. Wildlife Heritage did supply some signs
to provide for to show that this is a conservation easement area and not to access it.
Some of those were pulled down. The GAD is working to put those back up just.
But we're working with wildlife heritage, just at least keep some signage up there so there's nobody can say they didn't know they weren't supposed to be doing that in that area.
So we are working on the signage and yes it is getting pulled down. Yes we're working on replacing some of it wildlife heritage is supply supplying the signs.
I'm thinking we need to do more than signs. I don't know cameras, cameras they take the cameras but you could try.
Yes, enforcement. Maybe there's a penalty. Maybe there's a camera for a while until they
take it down. I mean, I don't, I don't. It sounds like a real fire risk.
This is, again, well, I think the GAD and the city have this weird confluence because
the GAD is not in the enforcement business. The city is in the enforcement business, but this is,
you know, GAD here is a landowner and a manager. It's kind of a property manager role. So
It's maybe a conversation for the GAD representatives
to have with the city representatives,
putting their hats back and forth.
Yeah.
One of, this isn't sort of something
that we were asked necessary.
I, because typically, you know,
the GAD meetings like this are annually, right?
And, or how often do we, when is our now?
I feel like there's an urgency here with this.
and so what I would like to see,
and I'm curious if anyone,
my fellow board members would want this,
is I would like to see this come back
to have another GAD board meeting
to discuss especially item E3.
Again, in about within six months or so,
and I would really, really like our city manager, Linda Smith,
to join us and to be seated right there
because I do feel like there's joint efforts happening
and everyone's got a piece of the puzzle
and working together, we're really moving it forward.
We're gonna make a matter initiated, so hold on.
Sorry, but that's my personal feedback on this item.
Another thing that I heard tonight
that was very interesting,
and I wonder if letters, you know,
200 letters from the residents would make a difference.
I mean, maybe that's a low-hanging fruit
we haven't done yet.
I don't know.
We've never done it.
I don't know if it'll be any good,
but if you're sitting there receiving 200 letters
saying the same thing, get off your desk and help me,
there's a real risk.
Maybe you'll listen.
Maybe you'll be persuaded
because everybody's coming at you.
That's why I wanna hear from our city manager
who has the political relationships and contacts
about strategies like that, right?
I agree with you.
That could be really effective, but I would just wanna...
Like who's getting a letter?
Right, is it fish or wildlife people?
There's a balance in these relationships
where you want on one hand,
you do want times where there's a lot
of resident participation.
And if you're, you hear what I'm saying,
there's a nuanced relationships there
that we want to be responsive to.
So I think everyone here understands what they're doing.
Let me just send the meeting five more minutes.
I'm gonna suggest, is five enough?
Does anyone wanna have more of a, nope.
I mean, we're still commenting, but let's try five.
10-30, do I have a second?
Second.
All in favor?
Aye.
Okay, I'll just say, I don't have anything to add.
I concur with everybody's sense of urgency.
I would like to see another GAD meeting
in the next three to six months
to have, even if it's just for E3,
but to be able to have an update, a discussion.
There's just too much of an iceberg to chip away at
without more frequency until we're over this hump,
it might need to be quarterly meetings.
So I thought that was a great suggestion.
Anything else's direction for item E3?
And I would ask the manager or whatever,
I always forget our words here.
Yes, CAD manager.
CAD manager and CAD.
CAD manager and CAD attorney, thank you.
If there's anything that you need
from us for E3 to be helpful.
I think that's been really helpful direction.
I concur that quarterly meetings at least
would be a good use of our time
in the least until this problem gets solved.
And just also wanted to let you know
that I have a meeting scheduled with the attorneys
for the CDFW, East Bay Parks, ECM,
and we'll convey to them the sort of gist
of what happened at tonight's meeting
and the urgency and the public concern.
Thank you.
And I've never been happy about a lawyer going over budget
until tonight, so your time is very well spent
and so appreciated, so thank you.
In the spirit of moving this along,
I think that's gonna close item E3.
I do have a matter of initiatives that I've mentioned,
and that's what I would like for us,
either our next meeting if it's within three months,
or even in a special meeting,
for this board with maybe the GAD attorney
to talk about the governance of the GAD.
It was formed in 2008 with Jeff Wilder,
and I do feel that there are other models
where a city manager has an official role.
I also think the chair switching as frequently
our mayor switches creates lack of continuity. I also had a question about if we could deal
with some of the potential conflict of having too many city parties wearing two hats by maybe
having some HOA representatives either maybe having it be a three and two or five and two
more making it seven. So just all things that I would love for us to be able to discuss in an
in an agendized way.
If you guys are amenable as a matter initiated
to have the governance structure of the GAD
be something we discuss, that's my request.
I completely agree.
And actually would like to say that brought back to us soon.
Sure.
I agree. All in favor?
Aye. Aye.
unanimous and I will ask, I don't know,
is it the GAD manager who then help us schedule
a special meeting to discuss that in the near future.
Thank you very much.
And with that,
are there any other matters initiated before we adjourn?
We are adjourned with two minutes to spare
thanks for fourth extension.
We'll see if you guys can find
a couple of questions at the top.
Thank you to the faculty.
Please stop the chat.
John, you're welcome.
I'm sorry.
Except we would like to get these
conditionalized emergency calls on tell me.
Thank you.
That's so wonderful to be laying the motion
for that achievement.
I'm not really.