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and then perform site inspections. The consultant would check subsurface drain outlets, measure groundwater levels and take other necessary sets to make sure that the area is as safe as possible. The GAP will also provide an education program for the homeowners so that lots within the subdivision are not modified to destablize the ground and owners are informed that there are necessary permits to be obtained from the City before work could go on. The annual geological/technical work to be done would be passed on to the City staff for review. This program has been reviewed by the City's reviewing consultants and engineers and they find that it complies with what a geologic hazard abatement district would do. Mr. Roush continued that it has been proposed that the CC&Rs be amended to create the GAP and to disclose the fact that persons buying within the subdivision be aware of the history of what has happened, the geologic reports, and also provide the right to the City to enforce the program if the Association fails to do so. Mr. Roush then stated the staff recommendation that the Council undertake no further studies of the site other than those required by the geological abatement program. Mayor Tarver commented that this proposal did not meet his objective to make sure that the City would not be liable if something went wrong. He then asked what the City's liability would be if something should occur. Mr. Roush stated that if something should occur - in the sense that property would be damaged by landslide or erosion - the indemnity agreement that currently exists between the Association and the City is not broad enough to cover that specifically. There are some immunities under state law that would apply to prevent the City from being responsible but under this program, there would be no written agreement as to any owner or the Association. Mr. Roush thought the liability was not great but the exposure is not non-existent. An agreement where the Association and homeowners waive all rights would certainly provide more protection. Ms. Dennis asked if the program can be changed without the City's approval. Mr. Roush stated that such condition is not expressed but it is a condition that the Association might agree to. Ms. Dennis stated that she would like to add that to the conditions. She also stated that as to the description of the person doing the review, that we specify that the person be licensed by the State of California. She also expressed concern that during the rainy season that more than one inspection should be done. Mr. Pico inquired about the CC&Rs, Section 12, geotechnical review prior to improvements. It appears that the Council is requiring a geotechnical engineering study before anything happens or grading/alterations occur. He stated that it doesn't appear to be any type of requirement for a geologist or other consultant to make an assessment when the soil is 06/06/95 7