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HomeMy WebLinkAboutMINUTES - 10061998 - C19-C23 ''if— BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, BLACKHAWK.GHAD FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: OCTOBER 6, 1998 SUBJECT: ACCEPT AND APPROVE THE REVISED FY 1998/99 PROGRAM BUDGET FOR THE BLACKHAWK GEOLOGICAL HAZARD ABATEMENT DISTRICT,DANVILLE AREA.(W05147) SP707171 MIST(s)OR RECOMMMAMON(S)&BACKGROUND AND JUSTIFICAT ON I. Recommended Action: ACCEPT the attached Proposed FY 1998/99 Program Budget for the Blackhawk Geological Hazard Abatement District(GHAD)and APPROVE the following proposed"Sources and Uses of Funds"table: Blackhawk Geologic Hazard Abatement District Sources and Uses of Funds Sources and Uses of Funds FY 1998/99 Beginning Fund Balance $2,477,000.00 Sources of Funds Contributions from M-23 $971,100.00 Interest on Investments $132,000,00 Other Income $100,000.00 Total Source of Funds $1,203,100.00 Uses of Funds Major Repair Program $1,520,250.00 (Less work deferred beyond FY 98/99) 4 ($236,250.00) Preventative Maintenance Program $209,000.00 Special Projects $80,500.00 Administration $173,450.00 Total Uses of Funds $1,746,850.00 1 Projected Ending Fund Balance $1,933,250.00 Continued on Attachment:X SIGNATURE- REUTIT11911MIX I ION M 11AJUN I-Y AlYMENUN I MAI Mr' RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD M 0--tober 6, 19% APPROVED AS RECOMMENDED VOTE OF SUPERVISORS I hereby certify that this is a true and correct X UNANIMOUS(ABSENT Copy of an action taken and entered on the AYES: NOES: rrSlriutes of thg� sard of Supervisors on the ABSENT: - ABSTAIN: date shown. : ATTEESTW*10� PHIL 8'7ff- Clerk of the Board SE:cs of Supervisors and County Administrator S:\GMdaft\Spdist\BawxfOrders\blackhrwkUHAD\Rtvisadaudget.doc Orig.Div: Public Works(Speciall Districts) By 90--Aa� Deputy Contact: Skip Epperty(313-2233) cc County Administrator County Counlet Wm.R-Gray Co.Inc SUBJECT: ACCEPT AND APPROVE THE REVISED FY 1998/99 PROGRAM BUDGET FOR THE BLACKHAWK GEOLOGICAL HAZARD ABATEMENT DISTRICT,DANVILLE AREA. DATE: OCTOBER 6, 1998 PAGE: -2- H Financial Impact: No impact on the County General Fund. The Blackhawk GRAD is funded through revenues generated by County Service Area M-23. M. Reasons for Recommendation and Background: On April 22, 1986,the Contra Costa County Board of Supervisors adopted three resolutions which resulted in the formation and funding of the Blackhawk Geologic Hazard Abatement District (GRAD). Resolution No. 86/209 provided for the addition of geologic hazard abatement extended services with County Service Area M-23 (Blackhawk area). Resolution No. 86/210 approved formation of the Blackhawk GHAD pursuant to the provisions of Section 26550 of the Public Resources Code and appointed the Board of Supervisors to act as the Board of Directors of the GRAD. Resolution No. 86/211 approved a Joint Exercise of Powers Agreement(JEPA)between the County and the CHAD to, among other things,provide for the funding of the GHAD by the transfer of a portion of CSA M-23 revenues. On June 24, 1986,by Resolution No. 86/369,the Board of Directors appointed Mr.Richard A.Nystrom as the initial General Manager of the Blackhawk CHAD. Mr. Nystrom served as General Manager of the CHAD until his untimely death in February of 1998. On April 28, 1998, the Board of Directors appointed William R. Gray and Company,Inc.,a California Corporation,as the new General Manager of the GHAD effective April 1, 1998. William R.Gray and Company developed the attached program budget for the Blackhawk CHAD for FY 98/99. The proposed budget is presented in a new format in response to comments received from various individuals and interested parties over the past few months to better reflect the allocation of costs to the various projects and activities of the GHAD. The above "sources and uses" of funds table is intended to summarize the approved budget. The attached report detailing the various programs and activities of the CHAD is provided for the information of the Board of Directors and others and is not considered a part of the adopted budget. The General Manager may reallocate funds within each of the above major categories without prior approval of the Board. Consequences of Negative Action: The GRAD will not have an approved budget as required by the original formation of the GHAD. Proposed FY 1998/99 Program Budget Blackhawk Geologic Hazard Abatement District (GHAD) Prepared by William R. Gray and Company, Inc. General Manager for the Blackhawk GHAT}Board of Directors On April 22, 1986, the Contra Costa County Board of Supervisors adopted three resolutions which resulted in the formation and funding of the Blackhawk Geologic Hazard Abatement District(GHAD). Resolution No. 86/209 provided for the addition of geologic hazard abatement extended services with County Service Area M-23 (Blackhawk area). Resolution No. 86/210 approved formation of the Blackhawk CHAD pursuant to the provisions of Section 26550 of the Public Resources Code and appointed the Board of Supervisors to act as the Beard of Directors of the CHAD. Resolution No. 86/211 approved a Joint Exercise of Powers Agreement(JEPA) between the County and the GHAD to, among other things,provide for the funding of the GHAD by the transfer of a portion of CSA M-23 revenues. On June 24, 1986,by Resolution No. 86/369, the Board of Directors appointed Mr. Richard A. Nystrom as the initial General Manager of the Blackhawk GHAD. Mr.Nystrom served as General Manager of the GHAD until his untimely death in February of 1998. On April 28, 1998, the Board of Directors appointed William R. Gray and Company, Inc., a California Corporation, as the new General Manager of the GHAD, effective April 1, 1998. Bill Gray, President of William R. Gray and Company has considerable management and local government experience. William R. Gray and Company developed the attached program budget for the Blackhawk GHAD for FY 98/99. The proposed budget is presented in a new format in response to comments received from various individuals and interested parties over the past few months to better reflect the allocation of costs to the various projects and activities of the GHAD. 1 Blackhawk Geologic Hazard Abatement District Proposed FY 1998-99 Budget Sources and Uses of Funds Sources and Uses of Funds FY 98/99 Beginning Fund Balance $2,477,000.00 Sources of Funds contributions From M-23 $971,100.00 interest on investments $132,000.00 other income $100,000.00 Total Sources of Funds $1,203,100.00 Uses of Funds Major Repair Program $1,520,250.00 Less work to be deferred to beyond FY 98/99 ($236;250.00) Preventative Maintenance and Operation Program $209,000.00 Special Projects $80,500.00 Administration $173,350.00 Total Uses of Funds $1,746,850.00 Projected Ending Fund Balance $1,933,250.00 2 Projected Revenues - FY 98/99 County Service Area M-23. County Service Area M-23, was established pursuant to Board of Supervisors Resolution No. 77/477, adopted June 14, 1977 to perform a variety of maintenance related functions. On April 22, 1986, by Resolution No. 86/209,the Board of Supervisors extended services to be performed by M-23 to include geologic hazard abatement. Pursuant to its authority under the County Service Area Law, the County levies an ad valorem tax for M-23 purposes based upon the assessed value of all real property located within M-23. Revenues received from these levies are credited in the County treasury to the account of M-23. The Blackhawk GHAD is funded through a transfer of surplus County Service Area M-23 revenues pursuant to a Joint Exercise of Powers Agreement(JEPA)between the CHAD and the County, dated April 22, 1986, approved by Board of Supervisors Resolution No. 86/211. As defined in the JEPA, "surplus revenues" include all M-23 revenues after deductions for 1) drainage maintenance extended services within M-23 (as defined) and 2) street lighting extended services within M-23 (as defined). All remaining M-23 revenues are "to be transferred to the GHAD and deposited in such account or accounts as [the Board of Directors of the] GHAD may specify..." The Board of Directors of the GHAD appointed the Contra Costa County Treasurer to act as the initial Treasurer of the Blackhawk CHAD by Resolution No. 86/369. The County Tax Collector estimates Total M-23 revenues for FY 98/99 to be $1,209,600.00. After deducting for Flood Control(drainage maintenance extended services), surplus M-23 revenues projected to be available for the Blackhawk GHAD are estimated at$971,100.00. Interest on Investments. As indicated above,the County Treasurer deposits GHAD funds in a separate interest bearing GHAD account. Pursuant to the terms of the JEPA approved by Board Resolution 86/211, all interest earned on funds is credited and retained by the CHAD and can not be deemed at any time to constitute funds credited to the County treasury. The County Treasurer has advised that the balance in the GHAD reserve account, as of June 30, 1998 is estimated to be$2,477,000.00 (before any transfer of funds to cover projected FY 98/99 expenses). Revenue from interest on investments for FY 98/99 is estimated at,$132,000.00. Other Income. As a result of the extremely heavy rainfall in February, Contra Costa County was declared both a state and federal disaster area. Consistent with State Office of Emergency Services (OES) and Federal Emergency Management Agency (FEMA)requirements, District staff prepared and submitted a Notice of Interest in Applying for Federal Disaster Assistance along with all required supporting materials and forms. GHAD staff attended a FEMA training session and is now certified to prepare Damage Survey Reports for small projects (under $47,000). At this point, is difficult to estimate how much the GHAD might receive from these sources, although it appears that somewhere between$65,000 and $85,000 in emergency response and/or debris removal associated costs will likely be eligible for reimbursement. 3 _. _. __. The landslide at 53/49 Chestnut in Blackhawk damaged a portion of a storm drainage system maintained by the Blackhawk HomeownerOs Association(HOA). The HOA will be expected to participate in the project. Transfer from Reserves. Projected expenses for FY 98/99 in the GHAD's proposed program budget will exceed anticipated revenues from M-23, interest on investments and other sources. As a result, $543,750.00 will be needed from the GHAD's reserve account. As noted above,the County Treasurer has estimated the balance in the CHAD reserve account, as of June 30, 1998, to be $2.477 million. Sufficient reserves are available to cover projected expenses. It is important to note that the GHAD's proposed FY 98/99 program budget includes funding for a Reserve Study to determine the appropriate level of reserves that the CHAD should maintain. 4 Blackhawk Geologic Hazard Abatement District Proposed Budget- FY 1998-99 Expenditure Summary FY 1998199 Budget Major Repair Program Major repair projects-53/49 Chestnut; 189 Silver Pine;Lot 12, Eagle Ridge;3100 Fox Creek,4350 Quail Run;Blackhawk Plaza; 38 Rosewood;Bole 6,Lakes course(see Appendix A for details) $631,500.00 "El Nino"projects,work scheduled for FY 98/99(Appendix B) $498,750.00 "El Nino"projects(work deferred until after 6/30/99)(Appendix C) $262,500.00 Flood Control Basins,slit removal(see text) $72,500.00 allowance for new FY 98/99 projects(over$5,000) $55,000.00 Note-all project estimates include a 25%allowance for project development, design,engineering contract administration, inspection,etc. Sub-Total-Major Repair and Construction $1,520,250.00 (work deferred to after 6/60/99) ($236,250.00) Total-Major Repair and Construction Program $1,284,00€1.00 73.5% Preventative Maintenance and Operation Program Preventative Maintenance(see text for details) $147,500.00 Operations(see text for details) $61,500.00 Total-Preventative Maintenance and Operations Program $209,000.00 12.0% Special Projects Review plan of control,Reserve Study,Audit, accounting&bookkeeping systems,admin and procedures manuals, PR program,etc. (see text for details) $80,500.0 Total-Special Projects $80,500.00 4.6% Administration Staffing/administrative support,office expense,accounting, bookkeeping,contract administration,etc.(see text for details) $130,850.00 Insurance $5,000.00 Legal(County Counsel/outside counsel) $19,500.00 Outside Services(Public works,etc.) $18,000.00 Total-Administration $173,350.00 99% Tt}TAL -EXPENSES $1,746,850.00 100.0% 5 11 _.. ... ......... ..._... .. _..._.._.... ..... ........ ....... ........ ......_... ....._.... ...._. .... . _...._. _. __.... _ ........ _...... Projected .Expenses - FY 98199 Major Repair Program. As a result of the significant El Nino rains in early 1998,the Blackhawk GHAD is faced with an estimated$1,564,000 in storm related landslides and related damages. The largest landslides (eight total)are listed individually in the proposed program budget because of their size and/or significance. All are described in more detail in appendix A attached hereto. The remaining landslides (41 total)have been lumped into two categories - those requiring attention this fiscal year(26 total, estimated cost$498,750.00)and those on which work can be deferred(15 total, estimated cost$262,500.00). See appendix B and C for additional detail related to these landslides. One significant change from prior year budgets is the inclusion of a twenty-five percent(25%) allowance for project development, design, engineering(geotechnical and/or civil), contract administration, inspection, materials testing and other project related costs in each line item. Prior year budgets included these costs under GHAD Administration making it difficult to understand the real cost to repair a landslide. The actual cost of engineering, administration and other contract related expenditures will be charged against each project. The 25%estimate for project support costs will be refined in future budgets. Two "policy related" items are included in the proposed Major Repair Program Budget for FY 98/99: Flood Control Basin Silt Removal - While the removal of silt from Flood Control Basins is a Flood Control District(FCD)responsibility(when required to maintain the capacity of the basins),the GHAD has been involved in the removal of silt from these basins in the past. Homeowner Association maintained pumps in the water feature on Hole 11, Falls Course, are currently inoperable due to the level of material in the basin. Because both CHAD and FCD activities(related to Blackhawk) are funded through County Service area M-23 (with the FCD having priority), the issue of who is(or should be) responsible for the actual removal of the material is mute. Given that the FCD has not established a reserve fund for work of this nature, the GHAD's proposed FY 98/99 Budget includes $72,500 to reimburse the FCD for costs incurred in completing this work. ► Hole 6, Lakes Course, Slide Repair- Section 2, subsection(b) of the Plan of Control for the Blackhawk GHAD indicates that"slides and potential slides which are identified and which threaten or damage homes, or potential home sites, or which contribute large amounts of sediment to the riparian system may be repaired or controlled..." A large landslide, originating in the open space above Hole 6 on the Lakes Course, deposited a large amount of debris on the fairway for Hole 6. While not threatening homes or homesite,this landslide has the potential, if not repaired,to contribute sediment to the downstream riparian system. While a lower priority than other landslides identified in 6 the proposed FY 98/99 program budget, $55,000.00 has been included to repair this landslide conditional upon an agreement with the Blackhawk County Club, owners of the golf course,to participate in the repair through replacement of sod and/or irrigation systems. The GRAD intends to propose consideration of a more formal agreement with the Golf Course to establish a process under which similar issues can be addressed in the future. In addition to funding for the repair of the El Nino related landslides,the proposed FY 98/99 program budget includes a$55,000 "allowance" for new major projects that might occur over this next winter. Any costs incurred in excess of this amount would require action by the Board of Directors to transfer funds from CHAD reserves. Preventative Maintenance and Operation Program. The Blackhawk GHAD's Preventative Maintenance and Operations Programs represent the second largest expenditure of CHAD funds. Just over 10 percent of the proposed FY 98/99 budget is allocated to these programs. The Preventative Maintenance Program is designed to prevent future landslides and includes funding for GRAD to respond to and evaluate reports of landslides and/or potential landslides within Blackhawk as well as the following programs: ► Debris Clean-un and Minor Repair Program. This program funds GHAD's initial response to calls from residents and others reporting landslide and/or potential landslide activity. Sufficient funds are included in the proposed budget to coverGHAD's initial response and minor repair work(typically less than$5,000). ► B-58 Ditch Cleaning and Winterizing Program. Surface drainage off open space and other areas within Blackhawk is collected and discharged through a complex of concrete lined ditches ("B-58" ditches). This program provides funds to clean and winterize this complex system. ► B-58 Ditch Repair and Replacement Program. This program provides funds to repair and/or replace damaged or deteriorated B-58 ditches as required. ► Horizontal Drain, Sub-drain Maintenance and Replacement Program. A number of horizontal drains and related facilities were installed by the original developers of Blackhawk and/or the GHAD in conjunction with repair or preventative maintenance activities. This program provides funds to repair and/or replace damaged or deteriorated horizontal drains as required. ► Miscellaneous Structure Maintenance and Repair. This program provides funds for GRAD staff and contractors to maintain and/or repair structures installed by the original developers of Blackhawk and/or the GRAD in conjunction with repair or preventative maintenance activities. ► Hydro seeding and hand seeding program. Surface drainage off open space and other areas within Blackhawk often carry large amounts of sediment and other materials. The Blackhawk Plan of Control allows the GRAD to repair or control activities "...which contribute large amounts of sediment to the riparian system." This program provides 7 ......... _........ ......._. .11.11 ....... ......... ......... ..............111.1...... .11.1...1 _._......_... - ....................... Rinds for the GRAD to seed(by machine or hand) open space areas to minimize this problem. ► Administration. Funds are included in the program for administration and oversight by GRAD staff. ► Miscellaneous consumables. Funds are included in the Preventative Maintenance program to reimburse staff and consultant expenditures for miscellaneous consumables (sand bags, plastic, etc.)that may be required in responding to landslides and/or potential landslides. The Operations Program funds ongoing operations of the GHAD and funding for GRAD liaison with Blackhawk residents as well as the various homeowner's associations within Blackhawk. In addition,the GHAD Operations Program includes the following programs: ► Piezometer, subdrain and horizontal drain monitoring. As indicated above, a number of horizontal drains and related facilities were installed by the original developers of Blackhawk and/or the GHAD in conjunction with repair or preventative maintenance activities. This program provides funds to monitor the condition of the drains. Any necessary repair and/or replacement is handled under the GHAD's preventative maintenance program. ► Settlement and distress monitoring. This program provides funds to monitor various settlement and/or distress monitoring devices that have been installed over the past few years by the GHAD. ► Aerial Photog allhy and Photo Interpretation Program. The GHAD maintains an historic collection of aerial photographs(black and white as well as infrared) for two purposes -to assist in the evaluation of landslide activity and,more significantly, for use in detection of landslides and/or potential landslides. ► Weather Station. The GHAD currently maintains a weather station to monitor storm activity, particularly rainfall quantities. As evidenced by the significant landslide activity over this past winter,rainfall activity is a strong 'indicator of potential landslide activity. ► Administration. Incident Response. Funds are included in the program budget for administration and oversight by GHAD staff. Special Projects. This portion of the proposed FY 98/99 program budget includes a number of one time activities that should be completed over this next year. For the most part,these projects and/or programs are proposed for funding in response to comments and/or concerns from members of the Board of Directors, the General Manager, homeowners and others interested in the operation of the GHAD. The proposed projects and/or programs are more fully described below: ► Review and update Plan of Control (and/or adopt policies). The Board of Directors adopted the existing Plan of Control for the BLACKHAWK GHAD in 1986. It has never been amended or updated. The former General Manager initiated a review of the Plan of 8 ......... . ........ ........ ..._..... .... ....... _.. .. _ _... ..... .._.... .. . . ........... .......... Control in 1996. The review was never completed. This budget proposal will fund a more detailed review of the document. Upon completion of the review,the General Manager will present his findings to the Board of Directors for consideration. ► Reserve Study. This proposed study is intended to evaluate current GHAD reserves and provide the General Manager and the Board of Directors with information related to an appropriate Reserve Account for the GHAD. ` Upgrade Accounting and Bookkeeping Systems. This proposed budget allocation is intended to fund upgrading and automating of the GHAD's accounting and bookkeeping systems. With an annual budget in excess of$1 million, over 50 landslides to repair, a comprehensive preventative maintenance program to manage and large reserve fund, the GHAD's current manual accounting and bookkeeping systems need to be updated. ► Audit. With the change in management of the GRAD, an audit is both appropriate and necessary to document the current financial situation with the GHAD. The General Manager has asked Contra Costa County to complete an audit of existing cash reserves as well as County Service Area M-23. The actual audit of the GHAD, effective June 30, 1998 would be completed following completion of the Reserve Study and the County's audit of M-23. ► Administrative and Procedures Manual. The untimely death of the former General Manager highlighted the need for a more detailed Administrative and Procedures Manual for the GHAD. ► Operations Manual. The significant number of landslides resulting from this year's El Nino as well as the untimely death of the former General Manager highlighted the need for a more detailed Operations Manual to improve field operations and,most significantly, facilitate the GHAD's ability to quickly and efficiently respond to landslides and potential landslides. ► Standard Specifications, Standard Plans. The significant number of landslides resulting from this year's El Nino highlighted a need for more structure in the GHAD's contracting procedures. In June of 1998,the Board of Directors's, by Resolution No. 98/329 increased the General Manager's contract approval authority(professional services and construction)to levels consistent with those in effect for the County Public Works Department. These changes were designed to allow the GHAD to respond more quickly to landslides and potential landslides. This program will fund development of standard specifications and standard plans as well as contracting procedures. ► Public Information Program. Various inquiries and comments received by the GHAD over the past few months suggest the need for a more comprehensive Public Information Program. Upon completion of the proposed review of the Plan of Control, the General Manager will develop brochures and other materials for distribution to Blackhawk residents. ► Legislative Issues/Coordination with other GHAD's. Assemblywoman Keuhl introduced Assembly Bill 2611 at the request of the City of Malibu. As originally;proposed,this legislation could have jeopardized the future of the Blackhawk GHAD. The General Manager, in cooperation with the Blackhawk.Homeowners Association, worked with 9 Assemblywoman Keuhl as well as representatives of other GHAD's to amend AB 2611. While the effort to amend AB 2611 was successful, it highlighted a need to identify and coordinate with other GHAD's throughout California with respect to fixture legislative issues. Administration. This portion of the proposed FY 98/99 program budget for the Blackhawk CHAD provides funding for the overall administration of the CHAD. Support for the General Manager function as well as related expenses including, but not necessarily limited to, accounting and bookkeeping support services as well as office and office related expenses (rent, telephones, office equipment and supplies) are included. Also included in the Administrative budget is funding for Contra Costa County Public Works Department support',services (as provided for in Resolution 86/210)as well as legal support from the Contra Costa County Counsel's Office. The proposed FY 98/99 administrative budget for the Blackhawk CHAD also includes funding for outside legal counsel (if required). Items included in the FY 98/99 program budget for administration, including consultant support costs, are detailed in Appendix E. 10 ..........._.. I-,.............1.111... ....... ._......_. .._....._.._11__11. . _._...... ............ _ ...... ................._.._ _........ _............ .. __. ..........._...._.. .. Appendix A - Major Repair Projects, priority for repair during 1998 construction season. The following is a listing (not in priority order) of the more significant landslides that occurred within the Blackhawk CHAD during the winter of 1997198. All of these landslides are under detailed engineering review and, conditions permitting,will be scheduled for repair during the 1998 construction season. Detailed descriptions of these projects along withpreliminary estimates of repair costs are as follows: 53/49 CHESTNUT. This landslide occurred on February 2, 1998 and was immediately reported to the CHAD. The landslide involved the open space and rear yards of two(2) residences on Chestnut Place. The CHAD responded as an emergency and a pin wall was constructed on February 3, 1998 to protect the two homes. The area above the landslide remained stable through subsequent rains. The slide itself required numerous additional responses to stabilize. Because the landslide damaged a portion of the drainage system, the Blackhawk Homeowner's Association (HOA)was asked to participate in the project. Proposed Repair engineering complete): - Repair of this landslide will involve the installation of an additional pin wall at the head scarp,removal and re-compaction of the slide material, installation of drainage facilities and replacement of the storm drain line. The extent to which the CHAD will be responsible for repairs to adjacent structures and/or damaged landscaping will determined by the General Manager.' Estimated Repair Cost - $150,004.00 to $200,000.00 189 SILVER.PINE LANE. This landslide is a reactivation of a previously active slide that pre-dates formation of the Blackhawk CHAD. On site exploratory borings indicate a possible bedrock slide. Emergency response protective measures were taken including slope protection measures and exploratory excavations and drainage investigations. Proposed Repair engineering.,pendin : - Initial review by the CHAD's geotechnical consultant suggests the repair could involve complete removal of the slide mass to competent bedrock and re-compaction. Alternative strategies are being evaluated to see if a more economical solution that might reduce cost can be identified. Estimated Repair Cost- $65,000.00 - $90,000.00 LOT 12,EAGLE RIDGE PLACE. This landslide is a reactivation of a previously mapped landslide. The upper portions of the slide damaged sewer and storm drain lines to the residence. Temporary utilities were installed to the residence and efforts to protect the slope and up-slope improvements were initiated. 11 ProRosed Repair: (engineering pending) -The corrective repair is likely to consist of removal of the upper slide mass,repair damaged drain lines, construction of a drained keyway and reconstruction of the slope with engineered fill and geo-textile fabric. The GHAD's geotechnical consultant is also evaluating an alternative pin wall for the repair. Estimated Repair Cost- $50,000.00 to $70,000.00 3100 FOX CREEK DRIVE. This landslide occurred on the creek bank below the subject residence and involves the rear portion of the property. Slope protection materials were installed and monitored throughout the rains. Proposed Repair(engineering pending): Because of the close proximity to the creek channel and limited space constraints, repair is likely to consist of a pin/retaining wall at or near the property line and minor grading and slope bank enhancements below. Estimated Repair Cost- $30,000.00 4350 QUAIL RUN LANE. This is actually a series of landslides. The lower slide encroaches on the subject property. Slope stabilization/protective measures were taken and movement is being monitored. Proposed Repair(enjaineering,pending): Repairs could consist of removing slide debris from homesite and using spoils to develop an earthen bench with drainage above property. Additional surface drainage and sub-surface horizontal drains may be recommended for the slope above. Estimated Repair Cost- $35,000.00 - $50,000.00 BLACKHAWK PLAZA RETAINING WALL FAILURE. A keystone retaining wall failed and the resulting landslide encroached involves a commercial parking lot. Significant slide debris encroached on the road below and the adjacentconcrete sidewalk. Safety and emergency response measures were taken and remain in place. The failure was monitored and subsequent slope protection materials were installed. Proposed Repairen ig_neeringep nding: -Remove and repair the failed area. Repair may consist of the installation of additional slope stability structures to protect the up slope parking structure during the excavation and repair. The stability of adjacent walls is being evaluated. Estimated Repair Cost- $25,000 to $40,000 38 ROSEWOOD. This landslide activated in the common area open space above the subject residence. Because of the active nature of this slide, emergency response 12 measures were needed subsequent to the initial activation. Equipment',was deployed and the slide was excavated to stop movement and the advancement into the subject residence. Subsurface drainage was installed to mitigate slide movement. Proposed Repair: Strategies to repair this landslide are pending. Estimated Repair Cost- $25,000 to $40,000.00 13 __. ......... ......... ................ . . __ _.. ........ ......... ......... .......... .............. _.... .............. .............. _.. .. Appendix B - El Nino Related Repair Projects (Priority 2, proposed for repair during the FY 98/99 construction season). The following is a listing of El Nino related landslides and other storm related projects (not in priority order)that GHAD staff and consultants are in the process of evaluating for repair this year. Repair work, if required, will be completed during the FY 98/99 fiscal year(weather permitting). It is important to note that these projects are not listed in priority order and, overall, have a lower priority than the landslides identified in Appendix A. It is possible that, after completion of additional review and analysis, GHAD staff may determine that repair of one or more of these landslides is not a GRAD responsibility, that no repair is necessary and/or repair work can be deferred. Any landslide or other damage deferred will be winterized to prevent additional damage. Location Description of Failure Cost of Repair (Grid Coord) (est) N-301V Landslides(2), toe partially blocking storm drain structure $15,000.00 0-28:III Landslides(2) small - in common area $15,000.00 U-25:I Landslide up slope above residence $10,000.00 K-24:I and III Landslides (4) on slope across from residence $40,000.00 R-24:II and III Landslides (2), one in private property up slope and one in $15,OOO.00 common area up slope K-21:IV Landslide -toe blocking CFD access road and District $20,000.00 access to maintenance yard L-19:11 Landslide - mudflow on slope below residence $10,000.00 0-19KI Landslide and bench failure on slope above residence $30,000.00 K-18:1 Landslides (2), one encroaching on private property, $20,000.00 second adjacent to state property G-17:111 Landslide/erosion in open space above residence $5,000.00 H-16JI Multiple landslides and erosion on open space slope $30,000.00 above residences K-15:11 Landslide-reactivation on slope above residences $20,000.00 N-15:111 Landslide in common area adjacent to residence $20,000.00 14 0-15:I Landslide in open space area away from homes $8,000.00 I-1OM Landslide adjacent to cart path $8,000.00 E-8:I and II Siltation basin outlet blocked open space slide $15,000.00 Q-27:I Runoff and erosion from open space slope $5,000.00 I-27:III Siltation in retention basin $10,000.00 L-24:III Runoff and erosion in down slope property $3,000.00 P-23:1 Siltation in retention basin $30,000.00 0-22:IV B-58 damage $10,000.00 L-21:1 Runoff causing damage to common area landscape and $15,000.00 roadway shoulder N-20:IV Erosion and silt accumulation in storm drains. $5,000.00 0-18:1 Runoff flooding down slope private property $20,000.00 I-16:I Runoff flooding down slope property $10,000.00 N-151V B-58 damage flooding down slope property $10,000.00 Sub-total-Estimated Repair Cast $399,000.00 25%allowance f©r project development, design, engineering, contract $99,750.00 administration, inspection, materials testing, etc. Total -Priority 2 projects repair estimate $498,750.00 15 ......... ..........._....111.1. .._ ............................................................._..._.. ......... ......... ..._1111 . __. ......... ............._.. ................................................ Appendix C - El Nino Related Repair Projects (Priority 3, projects scheduled for repair after June 30, 1990. The following is a listing of additional El Nino related landslides and other storm related projects (not in priority order)that GRAD staff and consultants have identified as candidates for deferral until after June 30, 1999. Ten percent(10%)of the estimated repair cost has been included in the FY 98/99 budget to cover the cost of winterizing the slides to prevent additional damage. Again, these projects are not listed in priority order and have a lower overall priority than those listed in Appendix B and C. It is possible,that after completion of additional review and analysis, GHAD staff may determine that repair of one or more of these landslides is not a GHAD responsibility, that no repair work is necessary and/or repair work can be deferred indefinitely. Location Description of Failure Cost of Repair (Grid Coord) (est) N-30:IV Landslides(2), partially blocking storm drain. $10,000.00 0-28:III Landslides (2) small - common area $5,000.00 L-26:III Landslide and broken B-58 $15,000.00 M-26:I Landslides (2) open space area $30,000.00 N-26:1 Landslide in open space above bench $20,000.00 L-25:I Landslide/erosion above bench in open space $10,000.00 N-25:1V Landslide in open space reactivation $10,000.00 5-24:IV Landslide in open space above bench $10,000.00 L-21:1 Landslide, mudflow on open space slope $20,000.00 K-18:1 Landslides(2), one encroaching on private property, $10,000.00 second adjacent to state property H-16:II Multiple landslides and erosion on open space slope $20,000.00 above residences M-16:1 Landslide above GC parking area $10,000.00 N-15:111 Landslide in common area adjacent to residence $10,000.00 H-12:11 Broken B-58 and runoff damage $10,000.00 16 _ .11.1.....1 ......... ......... ......1.11_..1 ....... .......... ......... ......... ....._...................... . ......... ......... ..... ......... ... .......... ....._........ ........._........ H-11:1 Landslides (2)open space away from homes $20,000.00 Sub-total Estimated Repair Cast $210,000.00 25%allowance for project development, design, engineering, contract $52,500.00 administration, inspection, materials testing, etc. Total-Priority 3 projects, repair estimate $262,500.00 17 Appendix D - Detailed Expenditure Summary, supplemental information. The following table is provided for the information of the Board of Directors and others and is not to be considered a part of the budget. The General Manager may reallocate funds within each of the major categories without prior approval of the Board. FY 1998/99 Budget Major Repair Program 53/49 Chestnut Slide $215,000.00 189 Sliver Pine Lane Slide $105,000.00 Lot 12,Eagle Midge Place Slide $75,000.00 3100 Fox Creek Drive Slide $37,500.00 4350 Quail Run Lane Slide $55,000.00 Blackhawk Plaza Retaining Wall Failure $44,000.00 38 Rosewood Slide $45,000.00 Hole 6,Lakes Course, Slide repair $55,000.00 Flood Control Basins,slit removal $72,500.00 "El Nino"projects,work scheduled for FY 98/99 $498,750.00 "El Nino"projects(work deferred until after 6/30/99) $262,500.00 allowance for new FY 98/99 projects(over$5,000) $55,000.00 Note-all project estimates include a 25%allowance for project development, design, engineering, contract Administration, inspection, materials testing, etc. Sub-Total-Major Repair and Construction $1,520,250.00 work deferred to after 6/60/99 ($236,250.00) Total-Major Repair and Construction Program $1,284,000.00 Preventative Maintenance and Operations Preventative Maintenance Debris clean-up/minor repair(<$5,000) $40,000.00 -B-58 Ditch cleaning&winterizing program $20,000.00 -B-58 ditch repair&replacement program $20,000.00 Horizontal drain,sub-drain maintenance $15,000.00 misc structure maintenance/repair $10,000.00 -hydro seeding/hand seeding program $20,000.00 -administration of PM program $15,000.00 -misc consumables(sand bags,plastic,etc.) $7,500.00 Sub-total-Preventative Maintenance $147,500.00 Operations -Piezometer,subdrain&Horz drain monitoring $12,000.00 Settlement/distress monitoring $15,000.00 aerial photography/photo interpretation $7,500.00 -weather station $3,000.00 admin,incident response,homeowner relations $24,000.00 Serb-total-Operations $61,500.00 Total-Preventative Maintenance and Operations $209,000.00 18 Special Projects Review and update plan of control(and/or adapt policies) $9,000.00 Reserve Study $12,000.00 Upgrade accounting,bookkeeping systems $12,000.00 Audit Blackhawk GRAD $18,500.00 Develop administrative and procedures manual $6,000.00 Develop operations manual $7,500.00 Develop standard specifications,standard plans $4,500.00 Develop Public Information Program $6,000.00 Review legislative issues/coordinate with other GHAD's $5,000.00 Total-Special Projects $80,500.00 Administration Staffing/administrative support General Manager Function(WRG&Sands) $72,000.00 Accounting/bookkeeping/contract admin $22,000.00 education&training $1,800.00 contracted temporary help $9,000.00 subscriptions,memberships&publications $750.00 travel $1,000.00 Sub-total-stafngl administrative support $106,550.00 Office Expense rent/storage $6,000.00 Equipment(camera,software,workstation,etc.) $5,000.00 telephone(Pac Bell,answering service,cell phones) $4,000.00 repairs/maintenance(office equip) $1,500.00 supplies $4,500.00 printing $2,400.00 postage $900.00 Sub-total-Office Expense $24,300.00 Insurance $5,000.00 Legal General Council-County Council $12,000.00 Special Council-Outside council $7,500.00 Outside Services Public Works Department support $12,000.00 Auditor,tax collector,etc. $6,000.00 Taxes and Licenses $0.00 Total-Administration $173,350.00 TOTAL -EXPENSES �1,7�6,SSOAO 19 Appendix E - Supplemental information related to Staffing, Administrative Support and Office Expenses. The following information is provided for the benefit of the Board of Directors and others. This table summarizes estimates of professional and support services that will be required to support the proposed FY 98/99 program budget: Consultant/ Estimated annual budgets Service Major Repair PM & Opns Special Administration Program Program Projects WIC.Gray, Inc $25,680.00 $23,540.00 $29,000.00 $72,800.00 Const Inspect $70,000.00 $15,000.00 $9,600.00' $15,000.00 (Sands) Inspection (TBD) $32,720.00 $15,660.00 $0.00' $0.00 Geotechnical $83,460.00 $23,100.00 $9,500.00' $0.00 Civil $20,000.00 $5,650.00 $1,500.00' $0.00 Accounting/other $0.00 $6,800.00 $31,000.00' $16,000.00 The Office Expense portion of the proposed FY 98/99 budget, in addition to funding for traditional office supplies and equipment(rent, supplies, stationary,telephone and cell phone charges, answering service charges, etc.) includes funding for the following items: 1. Computer Workstation....................................................................$2,800.00 2. Cell Phones (2)..................................................................................$350.00 3. Digital camera and accessories...................................................!.....$900.00 4. Computer software(data base and accounting).............................$1,300.00 5. Typewriter.........................................................................................$450.00 Procedures to tag and inventory this and other CHAD owned equipment are being established. 20 TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, CANYON LAKES GRAD FROM: J. MICHAEL WALFOR.D, PUBLIC WORKS DIRECTOR DATE: OCTOBER 6, 1998 SLBJECT: AUTHORIZE THE GENERAL MANAGER OF THE CANYON LAKES GEOLOGICAL HAZARD ABATEMENT DISTRICT(GRAD)TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE REPAIR OF A LANDSLIDE AND STORM DRAIN FACILITY AT THE CANYON LAKES COUNTRY CLUB. WATSON CANYON SLIDE REPAIR, SAN RAMON AREA. (WO 5374) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)roc BACKGROUND AND JUSTIFICATION L Recommended Action: AUTHORIZE the General Manager of the Canyon Lakes GHAD to execute the attached Memorandum of Understanding between the Canyon Lakes Geologic Hazard Abatement District(GHAD)and the Contra Costa County Flood Control and Water Conservation District(FCD)covering the repair of a landslide and a damaged storm drain within the Canyon Lakes Country Club. II Financial lmpact: No impact on the County General Fund. The Canyon Lakes GHAD is funded through special assessments on properties within the boundaries of the Canyon Lakes GRAD. Continued on Attachment:X SIGNATURE: RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON M11M b, APPROVED AS RECOMMENDED VOTE OF SUPERVISORS X UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct SE:oa copy of an action taken and entered on the g:\Crrpdata\Spdist\6oardOrders\CaryonLakesGHAD\RepairLandslide&Dmin.doe minutes of the Board of Supervisors Can the orig.Dlv: Public Works(Special Districts) date shown. �- Contact: Skip Epperly(313-2253) ATl'ESTED. --+:- ''�..� cc: County Administrator County Counsel PHIL BATCHELOR, Cferk of the Board Wm.R Gray Co.Inc of Supervisors and County Administrator By ��deputy SUBJECT: AUTHORIZE THE GENERAL MANAGER OF THE CANYON LAKES GEOLOGICAL HAZARD ABATEMENT DISTRICT(GRAD)TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE REPAIR OF A LANDSLIDE AND STORM DRAIN FACILITY AT THE CANYON LAKES COUNTRY CLUB. WATSON CANYON SLIDE REPAIR, SAN RAMON AREA. DATE: OCTOBER 6, 1998 PAGE: -2- 1H. Reasons for Recommendation and Background: During this past winter, a landslide occurred on the 3rd fairway of the Canyon Lakes Country Club golf course in an area commonly known as Watson Canyon. The landslide damaged the golf course as well as a major storm drain,which is now totally blocked. The damage prevents the drainage of the Canyon Lakes Detention Basins, which are the lakes of the Canyon Lakes Residential Development and Golf Club. The landslide is a reoccurrence of two previous landslides,which occurred over the past two years. The property owner,the Canyon Lakes County Club, in cooperation with the Flood Control District,repaired the previous landslides. As a result of a series of circumstances,the slide was not permanently repaired. While the Canyon Lakes CHAD was not involved with the repair of the previous two landslides,the current situation, in the opinion of the General Manager, if left unabated could cause flooding of areas upstream of the slide and erode the effectiveness of existing GHAD maintained subsurface drainage systems. The landslide, if not repaired immediately,would contribute sediment to the downstream creek system. The Canyon Lakes CHAD Plan of Control permits the CHAD to participate in the repair of the landslide. The General Manager proposed that the Flood Control District consider a jointly funded project to repair both the storm drain and the landslide. FCD staff concurred and the attached Memorandum of Understanding(MOU)was developed to define the relative roles and responsibilities of the CHAD and the Flood Control District with respect to both the repair and subsequent maintenance of the landslide and the storm drain. The total cost of the project is estimated to be$184,680.00. The GHAD's portion of the project is estimated at$112,323.06. The Flood Control District's share is estimated to be$72,356.94 plus engineering and support costs(to be determined). The proposed MOU provides for the CHAD to advertise and award a contract for the repair work. The proposed MOU calls for the Flood Control District to reimburse the GHAD over a period of three fiscal years. The property owner(Canyon Lakes Country Club)has agreed to be responsible for the repair of all irrigation systems as well as the replacement of turf and/or other landscaping damaged as a consequence of the landslide and/or the repair project. In this regard,the CHAD developed and executed a separate License Agreement with the Canyon Lakes Country Club. The Canyon Lakes GHAD is the lead agency. All necessary permits have been acquired. Consequences of Negative Action: The landslide would not be repaired prior to this winter,which could cause flooding of the lakes in Canyon Lakes. MEMORANDUM OF UNDERSTANDING BETWEEN CANYON LAKES GEOLOGIC HAZARD ABATEMENT DISTRICT AND THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1. The Canyon Lakes Geologic Hazard Abatement District("GHAD")is a geologic hazard abatement district formed pursuant to the provisions of the Beverly Act of 1979(California Public Resources Code Sections 26500-26654). The GHAD is authorized,in accordance with the terms of its Plan of Control,to repair landslides within the Canyon Lakes area,which includes the Canyon Lakes residential development and the Canyon Lakes golf course. 2. The Contra Costa County Flood Control and Water Conservation District("Flood Control District")is responsible for the maintenance of certain facilities within Drainage Area 75A consisting of drainage ponds and storm drains located with the Canyon Lakes residential development and Canyon Lakes golf course. 3. During the winter of 1995/96,a landslide occurred within the golf course alongside the 93 fairway ("the landslide"). The landslide,which is partially located within an earthen channel,damaged a buried 72"diameter concrete storm drain pipe("the storm drain"). The storm drain operates to convey and discharge waters from several drainage ponds Iocated upstream. 4. During 1996 and 1996 several attempts were made by the Flood Control District and the Canyon Lakes Country Club("Country Club''),the owner and operator of the golf course,to stabilize the landslide and repair the storm drain. To date the efforts expended toward repairing the storm drain and stabilizing the landslide have been unsuccessful. 5. The GHAD is willing to pay for the stabilization of the landslide on condition that the Flood Control District is also willing to pay for all engineering design,inspection,and construction work associated with the repair and improvement of the storm drain. The landslide repair and storm drain repair("the project')will include removing the existing end wall,relaying the disturbed or damaged operations of the existing storm drain,laying new pipe to extend the existing pipe an additional 80 feet approximately down stream,placing fill over the storm drain and repairing the landslide. The GHAD will take the lead on the project. The GHAD will obtain the necessary permits and coordinate with all necessary parties to complete the project. The GHAD intends to expedite the project and to commence work within the next 10 days. 6. The GHAD will hire the contractor(s)needed to perform the work on the project and perform contract administration thought the project. The Flood Control District will be given the opportunity to review the contractor(s)selection process and have input on selection of the contractor(s). The GHAD will require the contractor(s)selected to perform work on the project to provide indemnification and insurance covering the Flood Control District to the same extent as that to provided to the GHAD,with an insurance certificate or endorsement naming the Flood Control District,its officer and employees as additional insureds concerning the project. 7. The GHAD will coordinate with the Country Club regarding all impacts the project will have on the golf course and obtain from the Country Club all necessary rights of entry and land rights,if necessary,for the landslide repair. The Flood Control District will be responsible for obtaining any land rights,if necessary,for the storm drain or storm drain extension. The GHAD will coordinate obtaining from the Country Club any rights of entry and land rights necessary for the storm drain repair or extension. The Flood Control District will be permitted to review any agreement entered into between the GHAD and the county Club regarding the project. 1 & The CHAD has contracted with ENGEO,Inc.to provide geotechnical services for the project. The CHAD will direct ENGEO,Inc.to do all the following: 1.) Provide adequate design recommendations for both the landslide repair and storm drain repair/installation, 2.) Review and approve all plans, 3.) Inspect the work during the project, 4.) Issue a final written report on the project upon completion including comments or recommendations for any special maintenance needs regarding the repaired slide area or storm drain,and 5.) Provide indemnification and insurance covering he Food Control District to the same extent as that provided to the GAHD,with an insurance certificate or endorsement naming the Flood Control District,it officers and employees as additional insureds concerning the project. 9. The CHAD agrees to pay for the geotechnical investigation and analysis,engineering design, inspection,fill and construction materials,and construction expenses associated with the stabilization of the landslide. The Flood Control District agrees to pay for the engineering design, inspection,pipe materials,sub-excavation,head walls,wing walls or any other design,materials or construction work associated with repair of the storm drain and extension of the storm drain approximately 80 feet downstream form the existing terminus. 10. "The CHAD agrees to maintain all storm drains installed as part of the landslide repair work. Maintenance of the storm drain will be the exclusive responsibility of the Flood Control District 11. The estimated total cost of the landslide stabilization and storm drain repair and extension work is approximately$185,000. The landslide stabilization is estimated to cost approximately$112,500 and the cost of the storm drain repair and extension work is estimated to be$72,.500. The Flood Control District does not currently have all of the funds necessary to pay its anticipated share of these costs. It is agreed that the GRAD will fund the entire project and that the Mood Control District will pay the CHAD its share of the project costs over the next three fiscal years as follows: the Flood Control District will pay 1/3 of its share of the costs during fiscal year 1998/99, 1/3 during fiscal year 1999/00 and the remaining 1/3 during fiscal year 2000/01. 12. In consideration of the agreement of the CHAD and the Flood Control District to perform the work set forth herein,the parties further agree to release all claims or causes of action that might exist in their favor against each other by reason of the previous attempts or failure or refusal by either of the parties to stabilize the landslide and repair the storm drain and for any resulting damages. 13. The CHAD agrees that it will endeavor to enter into a separate written agreement with the County Club setting forth the responsibilities of the Country Club in connection with the landslide stabilization and storm drain repair project. A copy of the unexecuted proposed agreement between the CHAD and the County Club is attached hereto and labeled Exhibit"A„ 14. The parties agree that this Memorandum of Understanding shall serve as the entire agreement between them concerning the project. The agreement is subject to amendment or modification only by the written,mutual consent of both of the parties. 2 _._ CANYON LAKES GEOLOGIC HAZARD ABATEMENT DISTRICT Dated: WILLIAM R.GRAY&COMPANY WILLIAM R.GRAY,President/General Manager CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVAITON DISTRICT Dated: J.MICHAEL WALFORD,Chief Engineer 3 LICENSE AGREEMENT FOR LANDSLIDE REPAIR THIS AGREEMENT is made and entered into this 14ei day of September, 1998,by and between the Blackhawk Homeowners Association(Referred to as"OWNED.")and ELAGKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT,a political subdivision of the State of California(referred to as "GHAD"), WITNESSETH: CHAD was formed under Section.26500 and following of the Public Resources Code for the purpose of abating geologic hazards in the Blackhawk area. OWNER owns certain real property within the boundaries of GHAD,as described or shown in Exhibit A attached hereto(referred to as the"Property"),which property is affected by a landslide. OWNER.has requested that CHAD assist OWNER.by repairing the landslide on the Property;and GHAD is willing to perform the necessary repair work under the terms and conditions of this Agreement, The purpose of this Agreement is to set forth the arrangement between the parties for the landslide repair work,as described in Exhibit B attached hereto(referred to as the"Work'}. NOW,THEREFORE,the parties agree as follows: I. OWNER.grants to GFIAD,its officers,employees,agents,contractors,and consultants an irrevocable license to enter upon that portion of the Property described or shown in Exhibit C attached hereto(referred to as the"Repair Area'}and to perforin the Work thereon. The permission hereby granted shall include without limitation the right to bring labor,equipment,vehicles,and supplies into the Repair Area and to perform all operations necessary or convenient to complete the Work. 2. To facilitate performance of the Work,OWNER.also grants to GRAD,its officers,employees, agents,contractors,and consultants an irrevocable license to enter upon and use additional property or roads owned or controlled by OWNER,as described or shown in Exhibit D attached hereto (referred to as the"Access and Staging,urea"�, Such permission shaU include without limitation the right to store equipment,vehicles,and supplies within the Access and Staging Area,to operate equipment and vel thereon,and to perforin all operations necessary or convenient to complete the Work. 3. The irrevocable licenses granted hereby shall commence on the effective date of this Agreement and shall continue until March 31, 1999,or until the Work is completed,whichever occurs first, GHAD shall have the right to terminate this Agreement upon tea day's notice to OWNER. 4. As a part of the Work,CHAD shall.replace the private drainage system approximately x-5-0 feet in length owned by OWNER,which system has been damaged by the landslide. To cover the cost of this work,OWNER.shall pay to GHAD,on or before the eff'ectivodate of this.Agreement,the sum of $� a r G C'74,01 !'cry �►-�Vc�+r c.r r /vacs+ Ucense Agreement-Chestnut(HOA) Page 1 of 4 5. Should a future landslide occur on the Properry,whcLhw such landshdc represents a recurrence of the lmdslide covered by this Apreemant or constitutes a new latulstide,GEiA.ri,in its role discretion, my decide to repair such larsdslide,but shall not be requiroi to do so. Nothing in this A.gregtowt shall be doomed to impose on GEAT.I an obligations to repair future lands►lidw on the Property or els hero within the boundaries offt CHAD. 6In prating the Work,GHAD will instruct its c ontrac�to tatke prwautions to try to avoid causing additionO or,tear damage to the Property or to the improvmerds(landsespin&fencing, walls,sprnrdd=,patios,waallcways,decks.pools,structures,restdenee,atc,.)lam dtcrrr L OWNER utnderstods and agrees that GHAD shall not be held responsible or liable for protecting rn place,danrago to,or removal of OWNMs personal property,apPtrtemneas,ix�etnent$>or,ay part afthc Property or Access and Staging Area,caused by or resulting frons the pe rforrtts=of the Work or operations connected Usexcwitb,including witltom limitation damages fiev &;Ing from obsbuctioz of acetas,noise,dust,vibrati=,or fumes,and OWM knowingly waives the right to make away clan.against GHATS,its officers,employees,,ageufis or consuluatres,and William It,Gray and Comparry,its officers,e.mploycos,a8 or constnitatrts,for such damages,except for damages consed by the mss negligence or willfaal m1swonuluot of GHAD,its officers,eretployees zac nts or carnstnitansts,and William k.Gray and Compwiy,its officers,tmployeest agents or cowultauts. OWNER Anther warrants and npreseals that OWNER bas no otherdght or claims to cougmution arising out of or cocnaacted with ft Work and agrees never to ancrt ntwh a cla= OVAMR expressly waives all rights provider!by Section 1542 of the California Civil Codc,which provides as follows- A GENERAL RELEASE DOES NOT EXTEND END TO Cl*AIMS WHICH THE MOITOR IDES NOT KNOW OR SU'SPEC'T TO EXIST Ill'HIS FAVOR AT THE TIME OF EXECUTING TM RRLEASIS 'WHICH;IF KNOWN BY WM MUST HAVE T ERIAI.LY A,�ECTIEU HIS SETTLEMENT WITH THE DEBTOR. /It .V OWNER Nall de ��f d,indc:nrsn*,save,and hold harxcle n GRAD,its offic=,mrs+playees,agents, and consult;mta kwwiam R.GrW and Compatty from any and all clams,costs,and liability, including reasonable attaunvys fees,for any damage,iaxj ,or d mtb,including without lirrtitaatiotn all ootsseguential damages,front any cam whatsoecver to persons or property arising directly or indirectly from or cramwted with the Work,save axed except for claims,costa,or liability resulting from the sola negiigea m or willful misconduct of GHAD,its officers,employees,agents,contractors, or consultants. The construclim contract far the Work shall contain language rcqufriltg the contractor to provido indcmaification and insurance eovering OWNER.to the same extent as that;provided to CrHAD. Tlac ctmuramr shall be regtured to ode an insurance cerdficato and Cndarsta mt naming OWAttµlt,its omens,and employees as additional instuods, 7. This Agreement and each and all of the covenatrtts herein comained shall irture to the benefit of'and be binding upon the successors and assigns of the respectivc parties hereto. 8. This Agreement shall be subject to modification or atmardracat only by the vn itten,mutual consent of both partics. License Agreanexnt—Chesta;ut(HOA) Page 2 of 4 9, a, All notices under this Agreement shall be in writing. Notice shad be sufficiently given for all purposes as follows: (1) When delivered by first class mail,postage prepaid,notice shall be deemed delivered three(3)business days after deposit in the United States Mail. (2) When mailed by certified mail with return receipt requested,',notice is olfective on receipt if a return receipt conxms delivery. (3) When delivered by overnight delivery by a nationally rocogzuze d overnight courier, notice shall be deemed delivered one(1)business day after deposit with that courier. (4) When delivered by telecopy or similar moans,notice shall be deemed delivered one (l)business day after the day it was transmitted by Te.lecopier or similar means, provided that a transmission report is gcrttrated by reflecting the arcma to transmission of the notices. (5) When personally delivered to the recipient,notice shall be deemed delivered on the date personally delivered. b. The place for delivery of all notices given under this Agreement shall be as follows: Blackhawk.Homeowner's Association c/o Mark Goldberg,Community Manager 4125 Blackhawk Circle, Suite 230 Danville,CA 94506 GIAI7: William.R. Gray&Co.,Inc. 1820 Bonanza Street,Suite 204 Walnut Creek,CA 94596 Facsimile-(925)947-3177 or to such other addresses and facsimile numbers as any party may respectively designate by written notice to the others. 10. This Agreement shall not be:construed as if it had been prepared by one of the parties,but rather as if both parties have prepared it. The parties to this Agreement and their counsel have react,and reviewed this Agrmcmentt and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agri ent. 11. It:any terra or provision of this Agreement shall,to any extent be held invalid or unenforceable,the remainder of this Agreement shall not be affected. 12. The termination of this Agreement shall not affect the provisions of Sections 4,',6,and 7 of this Agreement,which shall survive such tezminatiom 13, It is understood that this document contains the entire agreement betweens,the parties hereto relating to the landslide repair work and the use of the Property[and the Access and Staging Area],and any License Agreement—Chestnut(HOA) Page 3 of 4 other understandings or agreements,oral or written,of whatsoever nature concerning the matters contained herein are superseded by this Agreement and arc hereby abrogated and nullified. IN WITLESS WHEREOF,the parties hereto have executed this License,in duplicate the day and year first above written. OWNED BLACKHAWK GEOLOGIC SHARD ABATEMENT DISTRICT("GHADD` By William R. Gray&Co. Inc. y General Manager e 4 51a By Title CC ra� c � By �' - Titl Approved as to form. Victor J.Westrnan,County Counsel BY— . da1SL111 -44W4Jr_ Deputy ATTACH APPROPRIATE ACKNOWLEDGEMENTS License Agreement–Chestnut(HOA) Page 4 of 4 .. EXHIBIT A "PROPERTY" F 53 CHV�TNUT g s E `` •� a ...-r"'` "``". Yc ,fir . • •``+..�. .... CATs SASI ����r ' • \ ` � �` 4 m(� ate_ /M� `` � so 4 5 N 8 d K . ' K a rm 100 - 4 uassas 30 s a SITE PLAN »o,: 2384-1372 NGEO d9 AND$3 CI.3M174mm PLAcm HLA cr-RAwx DAT& 3`t L Y 1998 INC o a r o a A r e o COrrMA COSTA COUNTY.Y.CALiFORNLA �j—e DtGfM itY+ t[7LC1fl:0 Y: 177• EXHIBIT B "REPAIR AREA" E » 1IIIII? CURB 0 » w CONSTRUCTION AREA P. Pc PROPERTY LINE 4 W 0 N RESWENCE $ ENCE � O C . r [L'o AL POOH. 4 INCLINOMETER FENCE LINE ' xxxxxxxxxxxx x 4' OFFSET ---�-xxxxx xx xxxxxxxxxxxxxxx xxxxxxxx` ' JOS' JID` k a a ff t v >r SEQUOIA TERRACE Y O APPROXIMATE LOCATION OF 18' DEEB' CAISSONS x Q APPROXIMATE LOCATION OF 24' DEEP CAISSONS u » 0 APPROXIMATE LOCATION OF PROPOSED 24` DEEP CAISSONS e L A.DWSLWE MAP PROJECT NOS 2394-IM naves:Ha JENG 49 AZ'M 53 C*MSTNXM PLACE.YBLACKHAWr, oars J'ULy t 5►98J 31 N c 0 to r oa n r � o CONTRA COSTA COUNTY.CALrFOP141A, bxm4 a���r:rrrrro ftv. M �----- - EXHIBIT C "ACCESS AND STAGING AREA" 2 ` YA p53 CHESTNUT. i CATCH BASIN .' . 49 CHESTMIT \ y ♦ f T ACCESS FOR ' �.�•, . EQUIPMENT � �« •„u r v STAGING SITE r N K Yt p tt rr 100 y , SI'I° ?F'LT rnoiccr r+c.; s4-=2 navna r►Q EGE 49 ArM 53 Cft13.S';;'NVT PL.AC7E#.SLAC1C�YAWK UArts .TCJ'LY 1998 1 n C 0 9 a 0 IT r T E 0 CONTRA COSTA COUNTY.C.ALt1:i7ftMA ,,*.= ". A"I--�— w+'�+ TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, CANYON LAKES GRAD FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DA'T'E: OCTOBER 6, 1998 SUBJECT: RATIFY DECISION OF GENERAL MANAGER TO AWARD CONTRACT FOR REPAIR OF WATSON CANYON LANDSLIDE, SAN RAMON AREA. (WO 45374) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: RATIFY decision of William R. Gray and Company, as General Manager of the Canyon Lakes Geologic Hazard Abatement District(GRAD),to 1)ISSUE a purchase approval to Independent Construction for import material at the Watson Canyon Landslide in an amount not to exceed$60,000 and 2)AWARD a contract for the repair of the Watson Canyon Landslide to Independent Construction, Oakland,California. II Financial lmpact: No impact on the County General Fund. The Canyon Lakes GRAD is funded through special assessments on properties within the boundaries of the Canyon Lakes GHAD. The proposed contracts are consistent with the proposed FY 98/99-program budget. III. Reasons for Recommendation and Background: Board Resolutions 86/370 and 98/381 established and amended Procedures for Awarding Contracts for Canyon Lakes GRAD Repair,Maintenance and Improve ent Projects and for Professional and Support Services. Continued on Attachment:X SIGNATURE: & IJA PJAAJ /I RECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON G-t bEr 6, 19% APPROVED AS RECOMMENDED VOTE OF SUPERVISORS X UNANIMOUS(ABSENT None } AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the ward of Supervisors on the g:\Grpdata\Spdist\BoardOrdere\Canyon LakestiHADlAwardContract.doc date;' shown. Orig.Div: Public Works(Special Districts) ATTESTED &- � t Contact: Skip Epperly(313-2253) cc: County Administrator PHIL. BATCHELOR, Clerk of the Board County Counsel of Supervisors and C unty Administrator Wm.R.Gray Co.Inc By Deputy SUBJECT: RATIFY DECISION OF GENERAL MANAGER.TO AWARD CONTRACT FOR REPAIR OF WATSON CANYON LANDSLIDE, SAN RAMON AREA. DATE: OCTOBER 6, 1998 PAGE: -2- During the winter of 1998,a landslide occurred in the 3rd fairway of the Canyon Lakes County Club golf course in an area commonly known as Watson Canyon. The landslide damaged the golf course and a major storm drain facility maintained by the Contra Costa Flood Control District(Drainage Area 75A). The landslide is a reoccurrence of a previous landslide that was repaired by the golf course, in cooperation with the Flood Control District. While the GHAD was not involved in repair of the previous landslide, in the opinion of the General Manager the current situation, if left unabated, could have the potential of flooding areas upstream of the landslide and eroding the effectiveness of existing GHAD maintained subsurface drainage systems. In addition,the landslide, if left not repaired immediately,would contribute sediment to the downstream creek system. The General Manager of the CHAD proposed to the Flood Control District(FCD)consideration of a joint project to repair both the landslide and the damaged flood control facility. FCD staff agreed and a Memorandum of Understanding(MOU)was drawn up to define and assign responsibilities of the GHAD and the FCD with respect to the proposed project. The MOU is presented as a separate item for consideration of the Board. On August 28, 1998, the GHAD issued a Purchase Approval in an amount not to exceed $60,000 to Independent Construction to acquire up to 15,000 cubic yards of import material to facilitate the repair of the landslide. The price of the material($4.00 per cubic yard)was extremely favorable but it was available for only a short period of time. After consultation with FCD staff, the General Manager issued a Purchase Approval to acquire the material in advance of soliciting bids for the repair to take advantage of the extremely favorable price. All necessary regulatory agency permits have been acquired. On September 3, 1998,the GLAD advertised for bids for repair of the landslide and the,storm drain system. Pursuant to the provisions of Resolution 98/381, four contractors were invited to a pre-bid meeting at the site. Bids were received and opened in the office of the General Manager on Monday,September 14, 1998. The only acceptable bid received was from Independent Construction, Oakland, California in the amount of$124,680. The total cost of the project is estimated at$184,680.00(contract with Independent plus the import material). The Canyon Lake's GRAD portion is estimated at$112,323.06,plus engineering and support costs(to be determined). Sufficient funds are available in the GHAD budget and it's reserve account for the project. Pursuant to the terms of the MOU with the Flood Control District, the Flood Control District's share of the project is estimated to be $72,356.94 plus engineering and support costs(to be determined). Because of the emergency nature of the project and the requirements of the regulatory agencies, the contract was awarded to Independent Construction on September 17, 1998 after consultation with the Flood Control District. Consequences of Negative Action: The Watson Canyon Landslide would not be repaired this season,which could potentially lead to flooding of the lakes in Canyon Lakes over the winter. TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, CANYON LAKES CHAD FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: OCTOBER 6, 1998 SUBJECT: ACCEPT AND APPROVE THE REVISED FY 1998/99 PROGRAM BUDGET FOR THE CANYON LAKES GEOLOGICAL HAZARD ABATEMENT DISTRICT,DANVILLE AREA.(WO#5147) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICAT€ON L Recommended Action: ACCEPT the attached Proposed FY 1998/99 Program Budget for the Canyon Lakes Geological Hazard Abatement District(CHAD)and APPROVE the following proposed"Sources and Uses of Funds"table: Canyon Lakes Geologic Hazard Abatement District Sources and Uses of Funds Sources and Uses of Funds FY 1998/99 Beginning Fund Balance $1,207,000.00 Sources of Funds Special assessments(FY 98/99 $339,161.68 Interest on Investments $38,000.00 Other Income $40,000.00 Total Sources of Funds $417,161.68 Uses of Funds Major Repair Program $210,730.00 (Less work deferred beyond FY 98/99) ($0.00) Preventative Maintenance Program $88,000.00 Special Projects $30,250.00 Administration $72,450.00 Total Uses of Funds $401,450.00 Projected Ending Fund Balance $1,;22,711.68 Continued on Attachment:X SIGNATURE: RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON O tobEr 6, 19% APPROVED AS RECOMMENDED VOTE OF SUPERVISORS X UNANIMOUS(ABSENT NCne ) AYES: NOES: I hereby certify that this is a true and correct ABSENT: ABSTAIN: copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. :\CT g :1GTdata\SpdistlBosrdOrderslCanyonLakeaGHAr)\RevisedBudgct.dnc ATTESTED: Brig.Div: Public Works(Special Districts) PHIL BATCHELOR, Clerk of the Board Contact: Skip Bpperly(3I3-2253) of Supervisors and County Administrator cc: County Administrator J County Counsel pi 1 w„t„ p,,,y ,� �i'G - Deputy \Nm.R.Gray Co.Inc fay SUBJECT: ACCEPT AND APPROVE THE REVISED FY 1998/99 PROGRAM BUDGET FOR THE CANYON LAKES GEOLOGICAL HAZARD ABATEMENT DISTRICT,DANVILLE AREA. DATE: OCTOBER 6, 1998 PAGE: -2- II Financial impact: No impact on the County General Fund.The Canyon Lakes CHAD is funded through special assessments on property within the boundaries of the GHAD. III. Reasons for Recommendation and Background: On June 4, 1985,the Beard of Supervisors,pursuant to the provisions of Section 265501 of the Public Resources Code, adopted Resolution No. 85/289 forming the Canyon Lakes Geologic Hazard Abatement District (CHAD) and appointed the Board of Supervisors as the Board of Directors of the CHAD. On July 15, 1986,by Resolution No. 86/405, the Board of Directors appointed Mr. Richard A. Nystrom as the initial General Manager of the Canyon Lakes CHAD. Mr.Nystrom served as CHAD General Manager until his untimely death in February of 1998. On April 28, 1998,the Board of Directors appointed William R. Gray and Company,Inc.,a California Corporation, as the new General Manager of the CHAD,effective April 1, 1998. William R.Gray and Company developed the attached program budget for the Canyon Lakes GIIAD for FY 98/99. The proposed budget is presented in a new format in response to comments received from various individuals and interested parties over the past few months and to better reflect the allocation of costs to the various projects and activities of the CHAD. The above "sources and uses" of funds table is intended to summarize the approved budget. The attached report detailing the various programs and activities of the GRAD is provided for the information of the Board of Directors and others and is not considered a part of the adopted budget. The General Manager may reallocate funds within each of the above major categories without prior approval of the Board. Consequences of Negative Action: The CHAD will not have an approved budget as required by the original formation of the GHAD. Proposed FY 1998/99 Program Budget Canyon Lakes Geologic Hazard Abatement District (GHAD) Prepared by William R. Gray and Company General Manager for the Canyon Lakes GHAD Board of Directors On June 4, 1985, the Contra Costa County Board of Supervisors,pursuant to the provisions of Section 26550 of the Public Resources Code, adopted Resolution No. 85/289 forming the Canyon Lakes Geologic Hazard Abatement District(CHAD) and appointed the Board of Supervisors as the initial Board of Directors for the GHAD. On July 15, 1986, by Resolution No. 86/405,the Board of Directors appointed Mr. Richard A. Nystrom as the initial General Manager of the Canyon Lakes GHAD. Mr.Nystrom served as GHAD General Manager until his untimely death in February of 1998. On July 15, 1986,the General Manager of the GHAD presented a Report, prepared pursuant to Section 26551 of the Public Resources Code,to the Board of Director's setting forth his recommendations as to an initial annual budget for the Canyon Lakes GHAD,',estimated assessments to be levied each fiscal year against property within the District and a description of the method used in formulating the proposed assessments on each parcel of land within the District. On July 29, 1986, following a noticed public hearing, the Board of Directors adopted Resolution No. 86/447 ordering that the costs and expenses of maintaining and operating GHAD improvements be assessed against property within the GHAD and confirmed the assessments proposed in the General Manager's Report. On April 28, 1998,the Board of Directors appointed William R. Gray and Company, Inc., a California Corporation, as the new General Manager of the GHAD, effective April 1, 1998. Bill Gray, President of William R. Gray and Company has considerable management and local government experience. William R. Gray and Company developed the attached program budget for the Canyon Lakes GHAD for FY 98/99. The proposed budget is presented in a new format in response to comments received from various individuals and interested parties,over the past few months and to better reflect the allocation of costs to the various projects and activities of the GHAD. 1 Canyon Lakes Geologic Hazard Abatement district Proposed FY 1998-99 Budget Sources and Uses of Funds Sources and Uses of Funds FY 1998/99 Sources and Uses of Funds Beginning Fund Balance $1,207,000.00 Sources of Funds special assessments (projected - FY 98/99) $339,161.68 interest on investments $38,000.00 other income $40,000.00 Total Sources of Funds $417,161.68 Uses of Funds Major Repair Program $210,750.00 (Less work to be deferred beyond FY 98/99) ($0.00) Preventative Maintenance and Opns Program $88,000.00 Special Projects $30,250.00 Administration $72,450.00 Total Uses of Funds $401,450.00 Projected Ending Fund Balance $1,222,711.68 2 Projected Revenues - FY 98/99 Canyon Lakes GHAD. As indicated above, the Canyon Lakes Geologic Hazard Abatement District(GHAD)is funded through assessments levied on property within the Canyon Lakes GHAD pursuant to Resolution No. 86/447, adopted by the Board of Directors on July 29, 1986. Initial annual per unit rates (the base rate for 1986/87 fiscal year), based upon type of use, was: Single Family Detached............................................$101.22 per unit Townhouses ................................................................$67.80 per unit Condominiums/Rentals..............................................$50.62 per unit Commercial...................................................................$0.05 per square foot Pursuant to Resolution No. 86/447, property assessments within the Canyon Lakes GRAD are adjusted annually, on July 1 of each year to reflect increases, from July 1 of the prior fiscal year, in the Consumer Price Index (CPI)for All Urban Consumers, All Items, San Francisco-Oakland Metropolitan Area(1967=100)published by the United States Department of Labor, Bureau of Labor Statistics, or its successor index. The adjusted annual per unit rates for the most recent fiscal year(1997/98), based upon type of use, was: Single Family Detached............................................$145.30 per unit Townhouses................................................................$97.30 per unit Condominiums/Rentals..............................................$72.62 per unit Commercial...................................................................$0.05 per square foot ' For the year ending June 30, 1998,the CPI for the San Francisco-Oakland Metropolitan Area increased 3.4%. In developing this year's adjustments,the total change in the CPI index since July 1, 1986 (the base year for the Canyon Lakes GHAD assessments)was used. In addition,the square footage of all commercial buildings within the boundaries of the GHAD were reviewed against information provided by the Office of the Assessor. The adjusted annual per unit rates for the 1998/99 fiscal year, based on the type of use, is as follows: Single Family Detached............................................$150.68 per unit Townhouses..............................................................$100.94 per unit Condominiums/Rentals..............................................$75.36 per unit Commercial...................................................................$0.07535 per square foot ' Pursuant to Resolution No. 86/447, the assessment for commercial properties should have been$0.07262 per square foot. The $0.05 per square foot rate appears to have resulted from the methodology used in prior years. 3 . The 2145 parcels within the Canyon Lakes CHAD will generate an estimated $339,161.68 during FY 98/99. Pursuant to Resolution No. 86/447, all funds generated by these assessments, and all interest earned thereon, is segregated and deposited in a separate account for the exclusive benefit of the Canyon Lakes CHAD. Interest on Investments. As indicated above, all Canyon Lakes GHAD related the County Treasurer deposits funds in a separate interest bearing GRAD account. Pursuant to Resolution No. 86/447, interest earned on available funds is credited to and retained for the benefit of the GHAD. The estimated balance in the CHAD reserve account, as of June 30, 1998 is $1,207,000.00. Revenue from interest on investments for FY 98/99 is estimated to be $38,000.00. Other Income. In March of this year, the Canyon Lakes GHAD staff initiated the process to submit claims for reimbursement of eligible costs from the Federal Emergency Management Agency (FEMA) and the State of California. GHAD staff attended a training session and is now certified to process applications. At this point, is difficult to estimate of how much the GHAD might receive from these sources, although it appears that somewhere between$20,000 and $25,000 in emergency response and/or debris removal associated costs will likely be eligible for reimbursements. The GHAD's participation in the repair of the landslide in Watson Canyon assumes financial participation by the Contra Costa Flood Control District(Drainage Maintenance Area 75A) as well as the Crow Canyon Country Club. 4 Canyon Lakes Geologic Hazard Abatement District Proposed Budget—FY 1998/99 Expenditure Summary FY 1998199 Budget Major Repair Program Major repair projects- Lakeview circle,'Watson Canyon and "El Nino"projects w/work scheduled for FY 98/99(Appendix A) $153,750.00 "El Nino" projects(work deferred until after 6/30/99)(Appendix C) $0.00 Lakes pumps and irrigation system repair $32,000.00 allowance for new FY 98/99 projects(over$5,000) $25,000.00 Note - all project estimates include a 25%allowance for project development, design, engineering, contract Administration, inspection,materials testing, etc. Sub-Total-Major Repair Program $210,750.00 work deferred to after 6/60/99 ($0.00) Total-Major Repair Program $210,750.00 52.5% Preventative Maintenance(see text for details) $64,500.00 Operations(see text for details) $23,500.00 Total -Preventative Maintenance and Operations Program $88,000.00 21.9% Special Projects Review plan of control,Reserve Study, Audit, accounting&bookkeeping systems, admin and procedures manuals,PR program,etc. (see text for details) $30,250,00 Total- Special Projects $30,250.00 7.5% Administration Staffing/administrative support,office expense, accounting, bookkeeping, contract administration,etc. (see text for details) $47,450.00 annual update of GRAD assessment role $$10,000.00 Insurance $1,500.00 Legal(County Counsel/outside counsel) $6,000.00 Outside Services(Public Works, etc.) $7,500.00 Total -Administration $72,450.00 18.0°10 TOTAL-EXPENSES $401,450.00 100.0% 5 Projected Expenses - FY 98/99 Major Repair Program. The Canyon Lakes GHAD weathered the 1998 El Nino rains fairly well with only two major and two small landslides. All four are described in more detail in Appendix A of this report. The major landslides, on Lakeview Circle and in Watson Canyon, are described as follows: Lakeview Circle Landslide Repair- This landslide is located on a common area slope above Lakeview Circle in the Lakes area. Repairs were scheduled for early July. Watson Canvon Landslide Repair- This large landslide is located in Watson Canyon and originated in the 3rd fairway of the Canyon Lakes Country Club golf course. The landslide damaged the golf course, deposited debris in the creek and damaged a Flood Control District maintained facility (Drainage Area 75A). The slide is a reoccurrence of a previous landslide. The previous landslide was repaired in 1997 by the Canyon Lakes Country Club in cooperation with the Contra Costa Flood Control District. While not threatening homes or homesites,this landslide, if not repaired., would contribute sediment to the downstream riparian system. $87,500.00 has been included in the proposed FY 98/99 budget to repair this landslide conditional upon an agreement with other involved parties',(FCD and the Canyon Lakes Country Club)to participate in the repair. One significant change from prior year budgets is the inclusion of a twenty-five percent(25%) allowance for project development, design, engineering(geotechnical and/or civil), contract administration, inspection,materials testing and other project related costs in the budget for each project. Prior year budgets included these costs under GHAD Administration making it difficult to understand real cost of landslide repair. Future year budgets will include refinements to the current estimate of 25%support costs. In addition to funding for repair of the El Nino related landslides,the proposed FY 98/99 program budget includes a$20,000 "allowance"for new major projects that might occur over this next winter. Any costs incurred in excess of this amount would require action by the Board of Directors to transfer funds from GHAD reserves. The proposed FY 98/99-program budget also includes funds for repair of a series of pumps around the lake in Canyon Lakes as well as repairs to an irrigation system installed by the CHAD approximately five years ago. These facilities are a part of a comprehensive preventative maintenance strategy that was established by the District Geologist to address concerns regarding potential landslides in the area. Preventative Maintenance and Operation Program. The Canyon Lakes GHAD Preventative Maintenance and Operations Programs represent the second largest expenditure of GHAD funds. Almost 22 percent of the proposed FY 98/99 budget is allocated to these programs. The 6 Preventative Maintenance Program is designed to prevent future landslides and includes funding for GHAD to respond to and evaluate reports of landslides and/or potential landslides, within Canyon Lakes and includes the following programs: ► Debris Clean-up and Minor Repair Program. This program funds the GHAD's initial response to calls from residents and others as to a landslide or potential landslide. Sufficient funds are included in the proposed budget to cover minor repair(typically less than $5,000). ► B-58 Ditch Repair and Replacement Program. Surface drainage off open space and other areas within Canyon Lakes is collected and discharged through a complex system of concrete lined ditches ("B-58" ditches). This program provides funds to repair and/or replace damaged or deteriorated B-58 ditches as required. ► Lakes de-watering—Svstem. The original developers of Canyon Lakes and the GHAD, over the years, installed pumps, horizontal drains and a low flow irrigation systems to reduce the likelihood of landslide activity in the area around the Lakes at Canyon Lakes. This budget item funds ongoing maintenance of the various systems. ► Horizontal Drain, Sub-drain Maintenance and Replacement Program. Anumber of horizontal drains and related facilities were installed by the original developers of Canyon Lakes and/or the GHAD in conjunction with repair or preventative maintenance activities. This program provides funds to repair and/or replace damaged or deteriorated horizontal drains as required. ► Miscellaneous Structure Maintenance and Repair. This program provides funds for GHAD staff and contractors to maintain and/or repair structures installed by the original developers of Canyon Lakes and/or the GHAD in conjunction with repair or preventative maintenance activities. ► Hydro seeding and hand seeding program. Surface drainage off open space and other areas within Canyon Lakes often carry large amounts of sediment and other materials. The Canyon Lakes-Plan of Control requires the GHAD to repair or control activities "...which contribute large amounts of sediment to the riparian system." This program provides funds for the GHAD to seed (by machine or hand) open space areas to minimize this problem. ► Administration. Funds are included in the program for administration and oversight by GHAD staff. ► Miscellaneous consumables. Funds are included in the Preventative Maintenance program to reimburse staff and consultant expenditures for miscellaneous consumables (sand bags, plastic, etc.)that may be required in responding to landslides and/or potential landslides. The Operations Program funds ongoing operations of the GHAD and funding for-GHAD liaison with Canyon Lake's residents as well as the various homeowner's associations within Canyon Lakes. In addition,the GHAD Operations Program includes the following programs: ► Piezometer, sub-drain and horizontal drain monitoring. As indicated above, a number of horizontal drains and related facilities were installed by the original developers of Canyon 7 Lakes and/or the GHAD in conjunction with repair or preventative maintenance activities. This program provides funds to monitor the condition of the drains. Any repair and/or replacement are handled under the GHAD's preventative maintenance program. Settlement and distress monitoring. This program provides funds to monitor various settlement and/or distress monitoring devices that have been installed over the past few years by the GHAD. Aerial Photography and Photo Interpretation Program. The GHAD maintains an historic collection of aerial photographs (black and white as well as infrared) for two purposes -to assist in the evaluation of landslide activity and, more significantly, for use in detection of landslides and/or potential landslides. Administration. Funds are included in the program budget for administration and oversight by GHAD staff. Special Projects. This portion of the proposed FY 98/99-program budget includes a number of one-time activities that should be completed over this next year. For the most',part, these projects and/or programs are proposed for funding in response to comments and/or concerns from members of the Board of Directors,the General Manager, homeowners and others interested in the operation of the GHAD. The proposed projects and/or programs are more',fully described below: Review and update Plan of Control (and/or adopt policies). The existing Plan of Control for the Canyon Lakes GHAD was adopted by the Board of Directors in 1985 and amended in 1986. While the former General Manager initiated a review of the Plan of Control in 1996, the review was never completed. This proposed budget item would fund a more detailed review of the document. Upon completion of the review,the General Manager will present his findings to the Board of Directors for consideration. Reserve Study. This proposed study is intended to evaluate current GHAD reserves and provide the General Manager and the Board of Directors with information related to an appropriate Reserve Account for the GHAD. ► Upgrade Accounting and Bookkeeping Systems. This proposed budget allocation is intended to fund upgrading and automating of the GHAD's accounting and bookkeeping systems. With an annual budget in excess of$400,000 a comprehensivepreventative maintenance program to manage and large reserve fund,the GHAD's current manual accounting and bookkeeping systems need to be updated. Audit. With the change in management of the GHAD, an audit is both appropriate and necessary to document the current financial situation with the GHAD. The General Manager has asked Contra Costa County to complete an audit of existing cash reserves. The actual audit of the GHAD, effective June 30, 1998 would be completed following completion of the Reserve Study. Administrative and Procedures Manual. The untimely death of the former General Manager highlighted the need for a more detailed Administrative and Procedures Manual for the GHAD. 8 �► ORerations Manual. The need to repair landslides resulting from this year's El Nino as well as the untimely death of the former General Manager highlighted the need for a more detailed Operations Manual to improve field operations and, most significantly, facilitate the GHAD's ability to quickly and efficiently respond to landslides and potential landslides. +► Standard Specifications, Standard Plans. The landslides resulting from this year's El Nino highlighted a need for more structure in the GHAD's contracting procedures. In July of 1998,the Board of Director's increased the General Manager's contract approval authority (professional services and construction)to levels consistent with those in effect for the County Public Works Department. These changes were designed to allow the GRAD to respond more quickly to landslides and potential landslides. This program will fund development of standard specifications and standard plans as well as contracting procedures. Public Information Program. Various inquiries and comments received by the GHAD over the past few months suggest the need for a more comprehensive Public Information Program. Upon completion of the proposed review of the Plan of Control,the General Manager will develop brochures and other materials for distribution to Canyon Lakes' residents. Legislative Issues/Coordination with other GHAD's. Assemblywoman Keuhl introduced Assembly Bill 2611 at the request of the City of Malibu. As originally proposed, this legislation could have jeopardized the future of the Canyon Lakes' GRAD. The General Manager worked with Assemblywoman Keuhl as well as representatives of other GHAD's to amend AB 2611. While the effort to amend AB 2611 was successful,',it highlighted a need to identify and coordinate with other GHAD's throughout California with respect to future legislative issues. Administration. This portion of the proposed FY 98/99 program budget for the Canyon Lakes GHAD will fund overall administration of the CHAD including the General Manager function and related expenses, accounting and bookkeeping support services as well as office and office related expenses(rent, telephones, office equipment and supplies). Funds to cover the cost of updating annual GHAD assessments are included in the GRAD administrative budget. Also included in the administrative budget is funding for Contra Costa County Public Works Department support services as well as legal support from the Contra Costa County Counsel's Office. Items included in the FY 98/99-program budget are detailed in Appendix D. The proposed FY 98/99 Administrative budget for the Canyon Lakes GRAD also includes funding for outside legal counsel (if required) as well as funding for accounting and bookkeeping consultant services. 9 Appendix A - El Nino Related Repair Projects (Priority 1 projects, proposed for repair during the FY 98/99 construction season). The following is a listing of El Nino related landslides and other storm-relatedprojects(not in priority order)that GHAD staff and consultants are in the process of evaluating for repair this year. repair work, if required, will be completed during the FY 98/99 fiscal year(weather permitting). It is important to note that these projects are not listed in priority order. It is possible that, after completion of additional review and analysis, GHAD staff may determine that repair of one or more of these landslides is not a GHAD responsibility,that no repair is necessary and/or repair work can be deferred. Any landslide or other damage deferred will be winterized to prevent additional damage. Location Description of Failure Cost of Repair (Grid Coord) (est.) Lakeview Circle landslide repair $28,000.00 Watson Canyon landslide repair $70,000.00 Landslides(2) on slopes above fairway on hole#14 2 $25,000.00 Sub-total- Estimated Repair Cost $123,000.00 25%allowance for project development, design, engineering, contract $30,750.00 administration, inspection, materials testing, etc. Total-Priority 1 projects, repair estimate $153,750.00 z Canyon Lakes GHAD responsibility for participation in the repair of these landslides is being evaluated by the General Manager. 10 Appendix B - El Nino Related Repair Projects (Priority 2, projects scheduled for repair after June 30, 1999). The following is a listing of additional El Nino related landslides and other storm related projects (not in priority order)that GHAD staff and consultants have identified as candidates for deferral until after June 30, 1999. Ten percent(10%) of the estimated repair cost has been included in the FY 98/99 budget to cover the cost of winterizing the slides to prevent additional damage. Again, these projects are not listed in priority order and have a lower overall priority than those listed in Appendix A. It is possible,that after completion of additional review and analysis, GRAD staff may determine that repair of one or more of these landslides is not a CHAD responsibility,that no repair work is necessary and/or repair work can be deferred indefinitely. Location Description of Failure Cast of Repair (Grid Coord) (est.) none Sub-total-Estimated Repair Cost $0.00 25%allowance for project development, design, engineering, contract $0.00 administration, inspection, materials testing, etc. Total-Priority 2 projects, repair estimate 11 Appendix C - Detailed Expenditure Summary, supplemental information. The following table is provided for the information of the Beard of Directors and others and is not to be considered a part of the budget. The General Manager may reallocate funds within each of the major categories without prior approval of the Board. FY 1998/99 Budget Major Repair Program Lakeview Circle Landslide Repair $35,000.00 Watson Canyon Landslide $87,500.00 "El Nino" projects,work scheduled for FY 98/99 $31,250.0 Lakes pumps& irrigation system repair $32,000.00 "El Nino" projects,work deferred $0.00 allowance for new FY 98/99 projects(over$5,000) $25,000.00 Note- all project estimates include a 25%allowance for project development, design, engineering, contract administration, inspection, materials testing,etc. Sub-Total-Major Repair Program $210,750.00 work deferred to after 6/60/99 ($0.00) Total-Major Repair Program $210,750.0 Preventative Maintenance and Operations Preventative Maintenance -Debris clean-up/minor repair(<$5,000) $15,000.00 -B-58 Ditch cleaning&winterizing program $8,000.00 -B-58 ditch repair&replacement program $5,000.00 -Lakes pumps and irrigation system $5,000.00 -Horizontal drain, sub-drain maintenance $7,500.00 misc. structure maintenance/repair $5,000.00 - hydro seeding/hand seeding program $8,000.00 - administration of PM program $7,500.00 - Misc. consumables(sand bags,plastic, etc.) $3,500.00 Sub-total- Preventative Maintenance $64,500.00 Operations -Piezometer,subdrain&Horz drain monitoring $5,000.00 - Settlement/distress monitoring $4,500.00 -aerial photography/photo interpretation $4,000.00 - admin, incident response,homeowner relations $10,000.00 Sub-total—Operations $23,500.00 Total-Preventative Maintenance and Operations $88,000.00 12 Special Projects Review and update plan of control(and/or adopt policies) $3,000.00 Reserve Study $6,500.00 Upgrade accounting, bookkeeping systems $5,000.00 Audit Canyon Lakes GRAD $6,000.00 Develop administrative and procedures manual $2,000.00 Develop operations manual $2,500.00 Develop standard specifications, standard plans $1,750.00 Develop Public Information Program $2,000.00 Review legislative issues/coordinate with other GHAD's $1,500.00 Total-Special Projects $30,250.00 Administration Stang/administrative support General Manager Function(WRG& Sands) $28,000.00 Accounting/bookkeeping/contract admin $7,500.00 education &training $600.00 contracted temporary help $3,000.00 subscriptions,memberships&publications $250.0 travel $300.00 Sub-total- staffing/administrative support $39,650.0 Office Expense rent/storage $2,000.00 Equipment(camera, software,workstation,etc.) $1,500.00 telephone(Pacific Bell, answering service,cell phones) $1,200.00 repairs/maintenance(office equip) $500.00 supplies $1,500.00 printing $800,00 postage $300.00 Sub-total- Office Expense $7,800.00 annual update of GRAD assessment role $10,000.00 Insurance $1,500.00 Legal General Council- County Council $4,000.00 Special Council-Outside council $2,000.00 Outside Services Public Works Department support $4,000.00 Auditor,tax collector,etc. $3,500.00 Taxes and Licenses $0.00 Total-Administration $72,450.0 TOTAL-EXPENSES $401,450.00 13 Appendix D - Supplemental information related to Staffing, Administrative Support and Office Expenses. The following information is provided for the benefit of the Board of Directors and others. The following table summarizes the GHAD's estimates of professional and support services that will be required to support the proposed FY 98/99-program budget: Consultant Estimated annual budget Major Repair PM & Opns Special Administration Program Program Projects WR Gray, Inc $6,323,00 $10,760.00 $11,750.00 $37,600.00 Sands Const, Inc. $16,860.00 $14,110.00 $3,200.00 $5,500.00 Geotechnical $13,669.00 $5,975.00 $2,500.00 $0.00 Civil $0.00 $2,325.00 $500.00 $0.00 Accounting/other $0.00 $0.00 $8,300.00 $6,000.00 The Office Expense portion of the proposed FY 98/99 budget, in addition funding traditional office supplies and equipment(rent, supplies, stationary,telephone and cell phone charges, answering service charges, etc.) includes funds for the following items: 1. Computer workstation.......................................................................$800.00 2. Cell Phones(2)..................................................................................$125.00 3. Digital camera and accessories .................................................. : ....$300.00 4. Computer software (data base and accounting)................................$300.00 5. Typewriter...................................................................................1.....$150.00 Procedures to tag and inventory this and other GHAD owned equipment are being established. 14 TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: October 6, 1998 SUBJECT: APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE FLOOD CONTROL DISTRICT AND RURAL CALIFORNIA HOUSING CORPORATIONFOR SUBDIVISION 7476 IN DRAINAGE AREA 30B. SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&c BACKGROUND AND JUSTIFICATION 1. Recommended Action: Approve a reimbursement agreement in the amount of$146,581.83 between the Flood Control District (DISTRICT) and Rural California Housing Corporation (DEVELOPER) and authorize the Chair of the Board to execute the agreement on behalf of the District. II. Financial Imgact: Future drainage fees will be obligated to payment of the reimbursement. Continued on Attachment: X SIGNATURE: !" RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON , 1998 APPROVED AS RECOMMENDED X _ VOTE OF SUPERVISORS X UNANIMOUS(ABSENT ( ) AYES: NOES: ABSENT: ABSTAIN: RB:cI g:tldctl\fcbo\bolo-s I hereby certify that this is a true and correct Orig.Div: Public Works(FCE) copy of an action taken and entered on the c: County Administrator minutes of the Hoard of Supervisors on the Community Development date shown. Building Inspection �( �'1�L.J t>1 t v If County Counsel ATTESTED: County Assessor PHIL BATC;iELCR, gleet of the t:FL .rd County Treasurer-Tax Collector Of Supervisors and County Administrator CountyAuditor-Controller ,: Chief Engineer By dd et 1 ; d-;,.lp'tiY Deputy .m Approving a Reimbursement Agreement between the Flood Control District and Rural California Housing Corporation for Subdivision 7476 in Drainage Area 30B Page 2 October 6, 1998 III. Reasons for Recommendations and Background. The Developer has been required to construct drainage area improvements at a cost which exceeds the amount of drainage fees required to be paid by the developer under the terms of the drainage area fee ordinance. The Developer is entitled to a partial reimbursement of the excess costs as provided for in the drainage area credit and reimbursement policy. IV. Consequences of Negative Action: Non approval of the agreement would be inconsistent with the adopted Credit and Reimbursement Policy. CON'T'RA COSTA COUNTY FLOOD CONTROL AND NATER CONSERVATION DISTRICT REIMBURSEMENT AGREEMENT 1. PARTIES. Effective October 5, 1998 , the Contra Costa County Flood Control and Nater Conservation District, a body corporate and politic of the State of California, (hereinafter called "DISTRICT"), and Rural California Housing Corporation, (hereinafter called "DEVELOPER"),mutually agree as follows: 2. INTRODUCTION. A. DEVELOPER is subdividing the property designated as Subdivision 7476 within Drainage Area 30B. Said developments are within the jurisdiction of the City of Brentwood (hereinafter called "AGENCY"). To satisfy AGENCY's conditions of approval for said development,DEVELOPER must install a portion of the drainage facilities shown on the adopted Drainage Plan for Drainage Area 30B. B. The cost to install these facilities exceeds the amount of drainage fee required by the drainage fee ordinance for said drainage area, Ordinance No. 92-18. C. DISTRICT has adopted a Drainage Area Credit and Reimbursement Policy for said drainage area. D. Since DISTRICT has an effective Drainage Plan and a Drainage Area Credit and Reimbursement Policy for said drainage area,DEVELOPER has requested that the DISTRICT enter into this agreement with DEVELOPER,pursuant to said policy. 3. TERMS. DISTRICT shall reimburse DEVELOPER for eligible costs exceeding the amount of fees required by said ordinance, in accordance with the terms of this agreement and the DISTRICT's above-mentioned Drainage Plan and the Drainage Area Credit and Reimbursement Policy for said drainage area,which policy is attached as Exhibit "A" and made a part hereof by this reference. 4. ELIGIBLE COSTS. The drainage facilities, right-of-way, and other items eligible for reimbursement and their estimated costs are outlined on Exhibit "B", attached hereto and incorporated herein by this reference. 5. DEDICATION OF EASEMENTS. Easements containing the drainage facilities covered by this agreement shall be offered for dedication to AGENCY. 6. CONFORMANCE TO PLANS AND SPECIFICATIONS. The drainage facilities covered Page 1 by this agreement shall be installed in conformance with the plans and specifications prepared by DEVELOPED. and approved by AGENCY. DISTRICT shall be under no obligation to perform under this agreement unless the drainage facilities are accepted as complete by AGENCY. 7. HOLD HARMLESS. DEVELOPER shall defend,indemnify,save and hold DISTRICT,its governing body,officers,agents and employees absolutely free,clear,and harmless from any claims, actions, or costs arising from any property and/or rights acquisition which may be necessary hereunder, or arising from any and all damage to property, injury to persons, including death, or any other type of liability arising as a result of DEVELOPER's installation of the drainage facilities required by the conditions of approval for said development. 8. NON-RESPONSIBILITY OF DISTRICT. The installation of drainage facilities covered by this agreement is the sole responsibility of DEVELOPER,except for the normal inspection provided by the AGENCY. DISTRICT assumes no responsibility whatsoever for construction procedures and methods utilized by DEVELOPER in constructing the drainage facilities. 9. PAYMENT. Payment terms are set forth in Exhibit"A",except that the first payment shall not be made until DEVELOPER submits to DISTRICT acceptable evidence that DEVELOPER has paid for the installation of the drainage facilities covered by this agreement. 10. TERMINATION. This agreement shall remain in effect either(1)for 40 quarters as provided in Section V.B. of Exhibit"A",or(2)until DEVELOPER has been reimbursed for the total eligible reimbursement amount, whichever first occurs. Non-submittal of the acceptable evidence of payment required by Section 9 shall not result in an extension of the termination date. 11. NO OTHER RECOURSE AGAINST DISTRICT. A. This agreement constitutes the total statement of rights between DISTRICT and DEVELOPER concerning payment or reimbursement for costs of installing the drainage facilities exceeding the required drainage fees. Page 2 B. If, after the expiration of the 40 quarters described in Section V.B. of Exhibit "A", DEVELOPER has not received the total reimbursement amount,DEVELOPER shall have no right to further reimbursement by DISTRICT from',any drainage fees thereafter collected by the DISTRICT, or from any other source of DISTRICT funding. CONTRA COSTA COUNTY FLOOD CONTROL DEVELOPER* AND WATER CONSERVATION DISTRICT Rural California Housing Corporation By By Chair of the X16aid of Supe isors,as governing body � Secretaify of the Contr` Costa County food Control and Water Conservation District a��'And By � ^ ATTEST: Vice Pres dent Phil Batchelor,Clerk of the Board of Supervisors and County Administrator By ! E uj Deputy Clerk RECOMMENDED FOR APPROVAL: J.Michael Walford,Chief Engineer 7A7PrO�V�E�DAS TO F R,M: Victor J.Westman,County Counsel By ri Depu Exhibit"A" - Drainage Area Credit and Reimbursement Policy Exhibit"B" o Calculation of Reimbursement Amount Page 3 *Corporations require two signatures, one by the President or Vice President, and one by the Secretary or Treasurer. Signatures by DEVELOPER must be notarized. State of County of WCl'1_44 4.0 t J On 1 _before me �ttlL G.l DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,N. AR Y PUBLIC" personally appeared - C 't --- NAME(S)SIGNER(S) in the capacity as 00• f� INDIVIDUAL,GENERAL PA NER,CORPORATE OFFICER .,VICE PRESIDENT personally known to me -OR-®proved to me on the basis of satisfactory evidence to be the person(s)whose name is/are subscribed to the within instrument and acknowledged to me that he/shePthey executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. Tt tSiw�They also acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal, Monicst Campos comitrl. c07070 • OTARY PUSUC; GAL -.WA " sACwNTo oQ ' Signature of Notary fialrlft Exp.Aug.27, 1099 >4 , SIGNATURE REQUIREMENTS Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed in the space provided. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board GROUP 2. (a)The Secretary (b)The President (b)An Assistant Secretary (c)Any Vice-President (c)The Chief Financial Officer (d)The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Page 4 Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Hoard of Directors." R$:rs g:\fldctl\Work\REIM7476 June 13,1998 Page 5 _. _.. _ ]MIB1T "A" DRAINAGE AREA C MIT AND REIMBL SEMEN`I' POUT Adopted June., 1989 The following policy adopted by the Hoard of Supervisors, as the governing body of the Contra Costa County Flood Control and Water Conservation District., shall be used to determine credits and re' as provided for in various Drainage Area Fee Ordinances. I. DATIONS: 1. Drainage Area. Plan. The engineering plan which shows and lists the size, length, and location of drainage facilities adopted for a Drainage Area. 2. plMi.nage Area Fee_Ordinances. An ordinance adopted for a Drainage Area specifying the drainage fee necessary to cmplete construction of the planned. facilities. 3. Drainage Area Fee_Obligation. The drainage fee due on a development as determined from. the Drainage Area. Fee Ord.ix�. 4. Elic;ible Costs. The cost of installing drainage facilities which are part of the Drainage Area. Plan. S. In--tract Drainage Facilities. Drainage facilities required within the limits of the development. 6. Off-tract Drai.nac-Te. Facilities. Drage facilities required outside the limits of the development. 7. Credit. When a Drainage Fee ordinance allows construction of drainage facilities in lieu of the payment of drainage fees,, the eligible construction costs may be applied as a credit against the drainage area fee obligation. 8. Reimbursement. Payment to the developer for the eligible cost of installing drainage area facilities in excess of the drainage area fee obligation. II. GENERAL: Installation of drainage facilities required as a condition of property development can be very costly, and in many cases benefits other properties within the watershed. A Drainage Fee Ordinance spreads the costs of the drainage facilities to all of the benefitting properties and, ensures, through a system of fees, credits, and reimbursements, equitable financial participation. The drainage fee ordinance creates a fee obligation on all properties within the Drainage Area. The ordinance beomries operative upon a request to 1 develop or improve a parcel of land. The drainage area fee obligation is limited to the fee due and is payable either in the form of cash or the installation of a portion of the drainage facilities shown on the adopted drainage area plan. when a condition of development requires the construction of drainage facilities with a cost in excess of the drainage fee obligation imposed by the fee ordinance, a portion of the excess cost ray be eligible for reimbursement. . Eligible Costs. A portion of the cost to install? drainage facilities shown on the adopted drainage area plan may be eligible for credit against the required drainage fees and for reinan-s4 nent of costs in excess of the drainage fee obligation. Credit or reimburrrnt shall be limited to the following eligible costs: 1. Actual_ in-tract and off-tract construction cots plus a fined amount of 7 percent of the in-tract construction cost and 14 percent of the off- tract construction cwt for allowance of miscellaneous developer's costs, including contract preparation, engineering, bonding, etc. Construction costs do not include utility relocations or the acquisition of rights of way. 2. Actual public agency project inspection fees for only those drainage area facilities shown on the adopted drainage plan. 3. Actual off-tract utility relocation costs. 4. Actual off-tract right of way acquisition costs needed for the t installation of drainage area facilities, provided the developer does not have a beneficial interest in the off-tract property. The determination of construction costs will be based on at least three independent bids. The developer shall submit said bids to the District .for review and concurrence. Upon District concurrence with the bids, the lowest bid shall be the basis for detetmi nation of the credit and reimbursement amcxmt. The District reserves the right to reject the developer's bids or any other proposed value of said eligible costs and to calculate said costs and the fixed markups using then current pries. If the developer elects to install a more costly drainage system than shown on the adopted drainage area plan, the District reserves the right to calculate said eligible costs using the then current prices for only the facilities shown on the adopted. plan. IV. Cra3it. The developer may apply as a credit toward the drainage fee obligation the eligible costs .to construct drainage area facilities. 2 { V. Reixttburetnent. A. Where the amount of said eligible costs exceed the drainage fee due, the developer, upon entering into a reitimrsement agreement with the District, shall be eligible for a percentage reimbursement on the amount of the eligible costs determined by Section III. above, in e=ess of the drainage fee due as follows: Off-tract work. 100% (One Hundred Percent) On-tract work : 50% (Fifty percent) Prior to the application of the above percentages, the eligible costs in excess of the drainage fee due shall be prorated between off-tract work and on--trach work in the same proportion as the total eligible costs for off-tract work and on-tract work are to the total eligible costs. . B. The reinbursennent shall be subject to the following 1im1tations: 1. Reimbursements shall be paid only from drainage fees collected pursuant to a Drainage Fee Ordinance. 2. If more than one rei'mbursament agreement is in effect in a Drainage Area, the reimbn-sement payment to each agreement shall be based on the ratio of each agreement's original amount to the total original amount of all outstanding reimbursement agreements. 3. The District reserves the right to utilize not more than 80 percent of the drainage fees collected annually, on a fiscal year basis, for the purpose of making reimbursement payments. 4. Reimbursennt payments shall be made, quarterly, except that, during any quarter the District reserves the right not to make said payments if the amount of available funds to be disbursed is less than. $5,000. 5. Reiu� tent agreements stall remain in effect for 40 qui. The first quarter shall be the one following the quarter in which the first reimbursement payment is made. Any outstanding balance owed at the end of the 40 yrs shad be waived by the developer. 6, t agreements executed prior to a government loan shall share with the government loan and other reimbursement agreeMent(s) the payments calculated in paragraph B.2 above. 7. t agzment{s} executed subsecTuerrt' to a government loan(s) shall have payments "calculated" using the pro-rata basis of paragraph B.2. above. However, in order to accelerate repayment of the government loan(s) , the "calculated" payment shall be applied to repayment of the government loan(s), rather than be disbursed to the subsequent reimbursement agreement(s) . 3 __ _. Upm full repayment of the government loan(s) , reimbursement payments shall comnen a to the subsequent reimbursement agreement(s) . The forty quarter time limit for a subsequent lreimbursement agreement shall not start until the date the first payment is made to the agreement. VI. ApplLcahility: Upon adoption by a drainage area, this policy shall be the basis for all subsequent reimbursement agreements in that drainage area. This policy will not alter any agreement executed pursuant to a different policy. RSC:sj IIA:ReinPo .0 March 8, 1990 4 Exhibit"F3" Calculation of Reimbursement Amount Drainage Area: 30E Development: Subdivision 7476 Developer: Rural California Housing Corporation 2125 19t" St. Suite#101 Sacramento, CA 95818 Assessor's Parcel: 018-230-043 Drainage Area 30B Fees Lot Areas . ft. # of Lots Fee Total 4,000-4,999 27 $2,110.00 $56,970.00 5,000-5,999 22 $2,200.00 $48,400.00 6,000-6,999 8 $2,290.00 $18,320.00 7,000-7,999 3 $2,375.00 $ 7,125.00 8,000-9,999 3 $2,505.00 $ 7,515.00 10,000-13,000 2 $2,760.00 L__,,520,90 Total 65 $143,850.00 Eligible Construction Costs: In-Tract Work Description Ouantitv Unit Cost Total 60"CIPP > 10' 150LF $82.00 $12,300.00 60" CIPP < 10' 235LF $90.00 $21,150.00 54" CIPP > 10' 504L,F $76.00 $38,304.00 54"RCP 428LF $95.25.00 $40,767.00 Type III MH> 10' 2EA $2,200.00 $ 4,400.00 T e III MH< 10' lEA $1,800.00 $ 1,800.00 FI 95 SR16-D IEA $4,500.00 $ 4.500.00 Sub-Total $123,211.00 Engineering(7%) 8,625.47 Inspection Fee 6.044.95 In-Tract Total $137,891.42 4 . Off-Tract Work Description Quantity Unit Cost Total 60"RCP 782LF $100.09 $78,270.38 60"CMP 33LF $190.00 $ 6,270.00 54"RCP > 10' 61LF $95.25 $ 5,810.25 48"RCP 365LF $99.25 $36,226.25 Type III MH< 10' 2EA $1,800.00 $ 32600.00 FI#7 SR16-D IEA $4,500.00 $ 4,500.00 B50 Outfall lEA $4,000.00 J-4,020.00 Sub-Total $ 38,676.88 Engineering(14 %) 19,414.76 Inspection Fee 6,740.46 R/W Acquisition 24,000.00 Permit Fees 1532.00 Off-Tract Total $191,364.10 Total Eligible Costs $329,255.52 Drainage Area 30B Fees -$143,850.00 $185,405.52 In-Tract Reimbursement @ 50% $38,823.69 Off-Tract Reimbursement a@ 100% $107,758.14 Total Reimbursement $146,581.83 1