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HomeMy WebLinkAboutMINUTES - 11182008 - D.4 s t CONTRA TO: Board of Supervisors S «s!iliuim COSTA FROM: David Twa, County Administrator a • OUNTY DATE: November 18, 2008 SUBJECT: BOARD WORKSHOP ON GEOLOGIC HAZARD ABATEMENT DISTRICTS SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): 1. RECEIVE the presentation from the California Association of Geologic Hazard Abatement Districts (GHADs) on the purpose, formation, governance, and operation of GHADs; 2. ACKNOWLEDGE that GHADs are separate legal entities, defined in State law as distinct from the County, with independent governing boards; 3. ACKNOWLEDGE that as separate legal entities, GHADs may appropriately establish their own operational policies and procedures, consistent with all applicable federal, state, and local laws and regulations; 4. ACKNOWLEDGE that as separate legal entities, GHAD managers and legal counsel report directly to the GHAD governing boards, with County staff serving a supporting role as determined appropriate by the Board of Supervisors and the GHAD boards; 5. In the capacity as the governing board of the Canyon Lakes, Blackhawk, Wiedemann Ranch, Hillcrest Heights, California Tradewinds and Wendt Ranch GHADs, ADOPT the proposed resolutions concerning the appointment of officers and establishing certain administrative policies for each GRAD; 6. Also in the capacity as the governing board of the GHADs, DIRECT the GHAD managers to report at future GHAD board meetings on policy recommendations concerning budget and finance, personnel, and other policy areas as determined necessary and appropriate by the GHAD governing board. CONTINUED ON ATTACHMENT: /t YES SIGNATURE: 'e� J:�� K-;,� ,kLRECOMMENDATION OF COUNTY ADMINISTRATOR_RECO NDATION OF BOAR COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMM DE OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS(ABSENT U ) TRUE AND CORRECT COPY OF AN A ES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF 91 SU;BOAR S ON THE DATE SHOWN. Contact: Jason Crapo,CAO ATTES D cc: Jason Crapo,CAO RK OF Brian Balbas,Public Works THF SUPERVISORSChristine Chestnut,County Counsel ANADMINISTRATOR FISCAL IMPACT: GHAD administration and operations are funded by property assessments collected from the property owners within the boundaries of the individual GHADs. GHADs have no impact to the County General Fund. BACKGROUND/REASON(S) FOR RECOMMENDATIONN: On July 16, 2008, the Board of Supervisors directed the County Administrator's Office (CAO) to work with appropriate County departments and the California Association of GHADs to prepare a Board workshop on GHADs. The intent of this workshop is to discuss the purpose, formation, governance, and operation of GHADs, as well as the roles of GHAD and County staff, and members of the Board of Supervisors in their role as members of the governing boards of GHADs. Attached are presentation materials from the California Association of GHADs and proposed resolutions concerning the appointment of GHAD officers and establishing certain administrative policies, as recommended by the GHAD managers. -2- z U O z C, = t s v IUD ! a � t .uf An V.'. Vl CL 1 � � w � vPA i�1, � � vs u ti •' � In lit �3- p�;'_ � V� •..5�'..;.o � � [vii q;G�\ LSo rhea < 4,,-`. Ali LN pal i5visN d m ce6� ` i, �r I . z lop. o 00r:, .ter JCL $u t4 « Y+ � � �47 \Y� 5�• .,.r aN my � O .r193 a; pyoCDp 50. '�.`fi✓.+....,.-+.e.._ { t i v m rn h Aw r � S HOdNOONi 030N3 A8 800E 0 I31VNOdHO0N1 03ON3 30 1N3SN00 N311IHM WNdM 3HI i0OH1HA 031d83O%3 NO 0310110 36 It AVM HON •83A3OS1YHM SHV3N ANY A8 INYd NI NO 310NM NI 030nQOHd38 36 ION AVA IN3AMOO SIHI '031Y Geologic Hazard Abatement Districts June 2008 Page 2 For GRADs that have taken that approach,public agency staff are not, and should not, be involved in GHAD operations..On the other hand, where GHADs have appointed public agency staff to serve in those roles, staff s role is limited in GHAD operations. Importantly, however, public agency staff who also serve as GHAD staff should be clear about the distinction and, when serving a GRAD, represent the interests of the GRAD. III. LIABILITY ISSUES There are few court decisions that provide guidance regarding GHADs, their structure, authority, and liability issues associated with them. There are no cases that address liability issues with respect to GHADs;therefore it cannot be concluded with absolute certainty how a court would rule on the question of the extent to which a public agency is responsible for a GHAD's liabilities. Because a GRAD is an independent governmental district, legally distinct from the County,the County should not be liable for the GHAD actions/inactions that are independent of the County. However,the potential risks of County liability would increase to the extent that the County undertakes GRAD-related functions. As a result, in forming a GHAD the better practice is to specify in the GHAD formation resolution that the GRAD will be responsible for hiring its own staff(or contract with non-County parties), including all workers who will undertake operation, maintenance,replacement, repair and other activities, and that no County employees will be relied upon to perform such services. GHAD operations should be completely independent of the County, including, without limitation, no County funding, administration or ownership of facilities or improvements. In addition, adequate funding for these costs must be fully provided for in the GHAD budget and in the assessment authorization. Because a GHAD is a separate political subdivision of the state, not an agency or instrumentality of the city or county in which it is formed, even if the Board of Supervisors sits as the Board of Directors of a GHAD, the County generally would not be liable for actions or inactions of the GHAD or its Board. In analyzing the extent of the County's potential liability associated with GHADs, we have reviewed case law that addresses the question of the liability of a governmental body, such as the Board of Supervisors, for the liabilities of another governmental body that the Board forms. In general, the question of liability of separately formed governmental bodies hinge on the extent to which the body is truly separate and distinct from the body that created it, or as one court put it,whether or not the one entity enjoys a"legal personality" separate from the body that formed it. Bauer v. County of Ventura, 45 Cal. 2d 276 (1955). A reviewing court will look not only at the Board of Supervisor's action to form a GHAD but at the true independent nature of the district. An district's independence is determined by analyzing such factors as: (1)whether there is an express statutory declaration that the district is a body corporate and politic; (2) whether the district has a separate governing body; and (3) whether it has the statutory power to own property, levy taxes, or incur indebtedness in its own name. County/GHAD independence could become diluted over an extended period during which the Board of Supervisors serves as the governing body of the GHAD. For example, the 2 MMB:1000-533:912525,2 Geologic Hazard Abatement Districts June 2008 Page 3 extent to which (1)the Board of Supervisors includes County staff in the activities of the GRAD, (2)the Board of Supervisors enforces County policies through the meetings and activities of the GRAD, and (3) County/GHAD functions are interwoven will affect the likelihood that a court would conclude these entities are "independent." The more that a GHAD operated by the Board of Supervisors takes on a County-run affair,the greater the probability that any protection the County obtains by creating an independent government body could be eroded. IV. BETTER GOVERNMENT ORDINANCE As drafted,the Better Government Ordinance (BGO) does not apply to GHADs. Moreover,the BGO cannot be applied to GHADs by the Board of Supervisors. The BGO provides that it applies to "policy bodies," which are defined to include the County. The"County" is broadly defined to include the County itself"and all special districts, agencies and authorities of which the Board of Supervisors is the governing body." BGO Art. 25-2.2. However, under the GHAD law a GRAD is not a special district(PRC §26571), nor is it an agency (PRC §26570) or authority. Importantly, a GHAD is "[a] district [that] is a political subdivision of the state. A district is not an agency or instrumentality of a local agency." PRC §26570. As a result, GRADS are not subject to the BGO. And because GHADs are political subdivisions of the state, the only way the BGO can be applied to any given GHAD is if the relevant GRAD Board of Directors adopts it. V. AN EXAMPLE OF FORMING A GHAD—CITY OF OAKLAND To date, the City of Oakland has created two GHADs. In 2005,the Leona Quarry Geologic Hazard Abatement District was created and in 2006 the Oakland Area Geologic Hazard Abatement District was created. The Leona Quarry GHAD was created for the development on the former Leona Quarry site and the Oakland Area GHAD was created for the Sienna Hills development and to take in future "smaller"development projects (under 100 units) in the City. The City of Oakland was concerned that the creation of a GHAD would create potential liability for the City,especially since the GHAD Board would be the same members as the City Council. In order to minimize potential liability,the City established a process to clearly demonstrate that the GHAD was a.separate and independent body from the City Council. Specifically,the City requires that the GHAD's formation resolution specify that it will be responsible for hiring its own staff(or contract with non-City parties), including all workers who will undertake operation, maintenance, replacement, repair and other activities, and that no City employees may perform such services. The GHAD operations are completely independent of the City, including, without limitation, no City funding, administration or ownership of facilities or improvements. Adequate funding for these costs is fully provided for in the GHAD budget and in the assessment authorization. While the GHAD Board consists of members of the City Council,the GHAD Board appointed an independent GHAD Treasurer/Clerk, GHAD General Manager and GHAD Attorney. These GHAD officers are not employees of the City. Oakland City staff does not 3 MMB:1000-533:912525.2 Geologic Hazard Abatement Districts June 2008 Page 4 work on the GRADS and if the City is asked any question regarding a GRAD,that question is immediately referred to the GHAD attorney. At GHAD Board meetings, the City Attorney removes himself or herself from the dais and City staff does not prepare or present the staff report. Rather, the GHAD Attorney, Treasurer/Clerk and General Manager sit at the dais and present the staff report. GRAD Board meetings are agendized as a separate meeting and all actions are clearly taken by the City Council acting as the GRAD Board. The GHAD Attorney also prepares the agenda for and minutes of the meeting. In conclusion, in order to protect itself from liability to the extent possible, the City Council established GHADs that do not and cannot rely on City resources for operation, maintenance, repair or any other functions. The City recognized that the extent of City liability increases in proportion to the amount of control and involvement it has with the GHAD. So,the City's control and involvement in GHADs is absolutely minimized. If you have any questions about or would like additional information on GHADs, please feel free to call Uri Eliahu (President and Treasurer of the California Association of GHADs) at 925-866-9000 or Patricia Curtin, Esq. (Secretary of the California Association of GHADs) at 925-979-3353. 4 MMB:1000-533:912525.2 , SUMMARY OF RESOLUTIONS FOR NOVEMBER 18, 2008 GHAD WORKSHOP RESOLUTIONS FOR GHAD: 1. CANYON LAKES GHAD SUBJECT: (1) Rescinding Resolution No. 86/405 (Appointing Officers to the Canyon Lakes Geologic Hazard Abatement District and Approving the Joint Exercise of Powers Agreement ("JPA")); (2) Rescinding Resolution No. 86/406 (Establishing Contracting Procedures); (3) Terminating the JPA; and(4) Adopting Resolution No. 08/0 l Setting Forth the Framework for the Canyon Lakes Geologic Hazard Abatement District, including the Appointment of Officers and Delegation of Certain Authority to the GHAD Manager. 2. BLACKHAWK GHAD SUBJECT: (1) Rescinding Resolution No. 86/369 (Appointing Officers to the Blackhawk Geologic Hazard Abatement District); (2) Rescinding Resolution Nos. 86/370 and 98/329 (Establishing and Amending Procedures For Awarding Contracts for the Blackhawk GRAD); (3) Terminating the Joint Exercise of Powers Agreement("JPA"); and (4) Adopting Resolution No. 08/o l Setting Forth the Framework for the Blackhawk Geologic Hazard Abatement District, including the Appointment of Officers and the Delegation of Certain Authority to the GHAD Manager. 3. WIEDEMANN RANCH GHAD SUBJECT: (1) Rescinding Resolution No. 98/439 (Appointing Officers to the Wiedemann Ranch Geologic Hazard Abatement District); (2) Terminating the Joint Exercise of Powers Agreement ("JPA"); and (3) Adopting Resolution No. 08/-O-C Setting Forth the Framework for the Wiedemann Ranch Geologic Hazard Abatement District, including the Appointment and Delegation of Certain Authority to the GHAD Manager. 4. WENDT RANCH GHAD SUBJECT: (1) Rescinding Resolution No. 2002/60 Appointing Officers to the Wendt Ranch Geologic Hazard Abatement District; and (2) Adopting Resolution No. 08/p ( Setting Forth the Framework for the Wendt Ranch Geologic Hazard Abatement District, including the Appointment of Officers and Delegation of Certain Authority to the GHAD Manager. 5. CALIFORNIA TRADEWINDS GHAD SUBJECT: (1) Rescinding Resolution Appointing Officers to the California Tradewinds Geologic Hazard Abatement District; and (2) Adopting Resolution No. 08/AD( Setting Forth the Framework for the California Tradewinds Geologic Hazard Abatement District, 4 including the Appointment of Officers and Delegation of Certain Authority to the GHAD Manager. 6. HILLCREST HEIGHTS GHAD SUBJECT: (1) Rescinding Resolution Appointing Officers to the Hillcrest Heights Geologic Hazard Abatement District; and (2) Adopting Resolution No. 08/t)AL Setting Forth the Framework for the Hillcrest Heights Geologic Hazard Abatement District, including the Appointment of Officers and Delegation of Certain Authority to the GHAD Manager. RESOLUTIONS FOR THE BOARD OF SUPERVISORS: 1. WIEDEMANN RANCH GHAD SUBJECT: Terminating the Joint Exercise of Powers Agreement with the Wiedemann Ranch Geologic Hazard Abatement District("JPA"). 2. CANYON LAKES GHAD SUBJECT: (1) Terminating the Joint Exercise of Powers Agreement with the Canyon Lakes rreologic Hazard Abatement District ("JPA"); and (2) Adopting Resolution No. Za tll'� Reappointing Itself as the Board of Directors to the Canyon Lakes Geologic Hazard Abatement District. 3. BLACKHAWK GHAD SUBJECT: (1) Terminating the Joint Exercise of Powers Agreement with the Blackhawk Geologic Hazard Abatement District ("JPA"); (2) and Adopting Resolution 'Is'oqa ( 'j'k_Reappointing Itself as the Board of Directors to the Blackhawk Geologic Hazard Abatement District. 2 r 7 THE BOARD OF SU ERVISORS OF CONTRA COSTA COUNTY Adopted this Resolution on ` by the following vote: AYES: Gioia, Uilkema, Piepho and Bonilla NOES: none ABSENT: Glover ABSTAIN: none - RESOLUTION NO. 2008/ +3 g SUBJECT:.Terminating the Joint Exercise of Powers Agreement with the Wiedemann Ranch Geologic Hazard Abatement District("JPA"). WHEREAS, on September 1, 1998 the Board of Supervisors of Contra Costa County adopted Resolution No. 98/438 approving the formation of the Wiedemann Ranch Geologic Hazard Abatement District ("GHAD"), and appointed itself to act as the Board of Directors for the GHAD in accordance with Public Resources Code section 26567. WHEREAS, on January 21, 2003 the Board of Directors of the GHAD and the Board of Supervisors approved Resolution No. 2003/36 approving the JPA. WHEREAS, the Board of Supervisors recognizes that the GHAD is a political subdivision of the State of California, governed in accordance with Public Resources Code sections 26500 et. seq., and a legal entity that is separate and distinct from the County of Contra Costa and that the GHAD operations are independent of the County functions. The Board of Supervisors HEREBY RESOLVES THAT: 1. The JPA is hereby terminated through the modification provisions set forth in Section 5 of the JPA (and was terminated by the GHAD Board of Directors Resolution No. 2008/01 Wiedemann Ranch GHAD, adopted on the same date). By mutual consent of the Board of Supervisors and GHAD Board of Directors, as of the effective date of this Resolution (and Resolution No. 2008/01 (Wiedemann Ranch GHAD)), the JPA is hereby terminated and shall be of no further force or effect. 2. The recitals are incorporated herein by this reference. This Resolution shall become effective immediately upon its passage and adoption. J T THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Adopted this Resolution on A by the following vote: AYES: Gioia,Uilkema, Piepho and Bonilla NOES: none ABSENT: Glover ABSTAIN: none _ R1ESOLUTION NO. 2008/_13 SUBJECT: (1) Terminating the Joint Exercise of Powers Agreement with the Canyon Lakes Geologic Hazard Abatement District ("JPA"); and(2) Adopting Resolution No. 2008/A3_!o Reappointing Itself as the Board of Directors to the Canyon Lakes Geologic Hazard Abatement District. WHEREAS, on June 4, 1985, the Board of Supervisors of Contra Costa County adopted Resolution No. 85/289 approving the formation of the Canyon Lakes Geologic Hazard Abatement District ("GHAD"), and appointed itself to act as the Board of Directors for the GHAD in accordance with Public Resources Code section 26567 for an initial term not to exceed four years. WHEREAS, on July 15, 1986 the Board of Directors of the GRAD approved Resolution No. 86/405 approving the JPA. WHEREAS, on July 15, 1986 the Board of Supervisors approved Resolution No. 86-408 approving the JPA. WHEREAS, the Board of Supervisors recognizes that the GHAD is a political subdivision of the State of California, governed in accordance with Public Resources Code sections 26500 et. seq., and a legal entity that is separate and distinct from the County of Contra Costa and that the GHAD operations are independent of the County functions. The Board of Supervisors HEREBY RESOLVES THAT: 1. The Board of Supervisors hereby reappoints itself to act as the Board of Directors for the GRAD. 2. The JPA is hereby terminated through the modification provisions set forth in Section 3 of the JPA (and was terminated by the GHAD Board of Directors Resolution No. 2008/01 (Canyon Lakes GHAD), adopted on the same date). By mutual consent of the Board of Supervisors and GHAD Board of Directors, as of the effective date of this Resolution (and Resolution No. 2008/01(Canyon Lakes GRAD)), the JPA is hereby terminated and shall be of no further force or effect. e 3. The recitals are incorporated herein by this reference. This Resolution shall become effective immediately upon its passage and adoption. 2 N THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Adopted this Resolution on by the following vote: AYES: Gioia,Uilkema, Piepho and Bonilla NOES: none ABSENT: Glover ABSTAIN: none RESOLUTION NO. 2008/ SUBJECT: (1) Terminating the Joint Exercise of Powers Agreement with the Blackhawk Geologic Hazard Abatement District("JPA"); (2) and Adopting Resolution No. 2008/q Vt Reappointing Itself as the Board of Directors to the Blackhawk Geologic Hazard Abatement District. WHEREAS, on April 22, 1986, the Board of Supervisors of Contra Costa County adopted Resolution No. 86/210 approving the formation of the Blackhawk Geologic Hazard Abatement District ("GHAD"), and appointed itself to act as the Board of Directors for the GHAD in accordance with Public Resources Code section 26567 for an initial term not to exceed four years. WHEREAS, on June 24, 1986, the Board of Directors of the GHAD approved Resolution No. 86/369 appointing officers to the GHAD and approving the JPA. WHEREAS, on June 24, 1986 the Board of Supervisors approved Resolution No. 86- 372 approving the JPA. WHEREAS, the Board of Supervisors recognizes that the GHAD is a political subdivision of the State of California, governed in accordance with Public Resources Code sections 26500 et. seq., and a legal entity that is separate and distinct from the County of Contra Costa and that the GHAD operations are independent of the County functions. The Board of Supervisors HEREBY RESOLVES THAT: 1. The Board of Supervisors hereby reappoints itself to act as the Board of Directors for the GHAD. 2. The JPA is hereby terminated through the modification provisions set forth in Section 3 of the JPA (and was terminated by the GHAD Board of Directors Resolution No. 2008/01 (Blackhawk GHAD), adopted on the same date). By mutual consent of the Board of Supervisors and GHAD Board of Directors, as of the effective date of this Resolution(and Resolution No. 2008/0 1(Blackhawk GHAD)), the JPA is hereby terminated and shall be of no further force or effect. 9. The recitals are incorporated herein by this reference. This Resolution shall become effective immediately upon its passage and adoption. 2 i THE BOARD OF DIRECTORS OF HILLCREST HEIGHTS GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Resolution on �' by the following vote: AYES: Gioia, Uilkema, Piepho and Bonilla NOES: none ABSENT: Glover ABSTAIN: none RESOLUTION NO. 2008/01 (HILLCREST GHAD) SUBJECT: (1) Rescinding Resolution Appointing Officers to the Hillcrest Heights Geologic Hazard Abatement District; and (2) Adopting Resolution No. 08/ o l Setting Forth the Framework for the Hillcrest Heights Geologic Hazard Abatement District, including the Appointment of Officers and Delegation of Certain Authority to the GHAD Manager. WHEREAS, on July 9, 1996,the Board of Supervisors of Contra Costa County adopted Resolution No. 96/329 approving the formation of the Hillcrest Heights Geologic Hazard Abatement District("GHAD"), and appointed itself to act as the Board of Directors for the GHAD in accordance with Public Resources Code section 26567. WHEREAS, on July 22, 2008 the Board of Directors adopted Resolution No. 2008/507 and Board of Supervisors adopted Resolution No. 2008/534 annexing the Spanish Trails property into the GHAD. WHEREAS, the Board of Directors recognizes that the GHAD is a political subdivision of the State of California, governed in accordance with Public Resources Code sections 26500 et. seq., and a legal entity that is separate and distinct from the County of Contra Costa and that the GHAD operations are independent of the County functions. WHEREAS, the GHAD, through the GHAD Manager, is the legal entity responsible for hiring its own staff, including all persons or entities who will undertake operation, maintenance, replacement, repair and other activities of the GHAD. WHEREAS,pursuant to Public Resources Code sections 26584 and 26585, the Board of Directors must appoint a Treasurer and a Clerk of,the GHAD, and pursuant to Public Resources Code section 26586, the Board of Directors may appoint other persons to assist in managing the GHAD and delegate to such persons such powers as may be appropriate in order to carry out the functions of the GHAD. WHEREAS,the Board of Directors desires to rescind the previous appointment of officers and desires to appoint new persons to assist in managing the GHAD and desires to delegate to such persons such powers as provided herein. 1 9 �J The Board of Directors of the GHAD HEREBY RESOLVES THAT: 1. Any prior Resolution appointing officers to the GHAD is hereby rescinded and of no further force or effect. 2. Geolex, Inc. is the current GHAD Manager and is hereby reappointed as the GHAD Manager. 3. Geolex, Inc. is appointed as the GHAD Clerk. Geolex, Inc. may delegate the powers and duties of the Clerk to a qualified person, such as legal counsel, as it determines in its sole discretion. 4. The County Treasurer is retained and reappointed as the Interim GHAD Treasurer. The GRAD Manager shall report back to the Board of Directors with a recommendation of a permanent Treasurer. 5. The authority for performing all GHAD operations is authorized and delegated to the GHAD Manager, including managing and directing, on an every day basis, the GHAD operations and staff and hiring all persons or entities to undertake operation, maintenance, replacement, repair and other activities of the GHAD. The Board of Directors further authorizes the GHAD Manager to award and execute contracts, for and on behalf of the GHAD, for repair, maintenance and improvement projects and for professional and support services with consultants, contractors, professionals and/or other service providers as it deems necessary to assist in carrying out the functions of the GHAD. 6. The Board of Directors further authorizes the GHAD Manager to appropriate and expend GHAD funds as necessary for carrying out the GHAD operations in accordance with the budget approved by the Board of Directors. In addition, the GHAD Manager is hereby authorized to expend funds for emergency responses in excess of the approved budget. In such event, the GHAD Manager shall report back to the Board of Directors as soon thereafter as reasonably practical on the expenditure of the funds. The GHAD Manager shall work directly with the GHAD Treasurer in receiving funds from the GHAD account to cover all GHAD costs and expenditures. 7. The Board of Directors hereby authorizes and delegates the authority to the GHAD Manager to select and contract with legal counsel to provide legal services for the GHAD. 8. The recitals are incorporated herein by this reference. This Resolution shall become effective immediately upon its passage and adoption. 2 r' THE BOARD OF DIRECTORS OF CALIFORNIA TRADEWINDS GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Resolution on b 7J , by the following vote: AYES: Gioia, Uilkema, Piepho and Bonilla NOES: none ABSENT: Glover ABSTAIN: none RESOLUTION NO. 2008/01 (CALIFORNIA TRADEWINDS GRAD) SUBJECT: (1) Rescinding Resolution Appointing Officers to the California Tradewinds Geologic Hazard Abatement District; and (2) Adopting Resolution No. 08/_g2_k Setting Forth the Framework for the California Tradewinds Geologic Hazard Abatement District, including the Appointment of Officers and Delegation of Certain Authority to the GHAD Manager. WHEREAS, on June 10, 1997, the Board of Supervisors of Contra Costa County adopted Resolution No. 97/297 approving the formation of the California Tradewinds Geologic Hazard Abatement District ("GHAD"), and appointed itself to act as the Board of Directors for the GHAD in accordance with Public Resources Code section 26567. WHEREAS, the Board of Directors recognizes that the GHAD is a political subdivision of the State of California, governed in accordance with Public Resources Code sections 26500 et. seq., and a legal entity that is separate and distinct from the County of Contra Costa and that the GHAD operations are independent of the County functions. WHEREAS, the GHAD, through the GHAD Manager, is the legal entity responsible for hiring its own staff, including all persons or entities who will undertake operation, maintenance, replacement, repair and other activities of the GHAD. WHEREAS, pursuant to Public Resources Code sections 26584 and 26585, the Board of Directors must appoint a Treasurer and a Clerk of the GHAD, and pursuant to Public Resources Code section 26586,the Board of Directors may appoint other persons to assist in managing the GHAD and delegate to such persons such powers as may be appropriate in order to carry out the functions of the GHAD. WHEREAS, the Board of Directors desires to rescind the previous appointment of officers and desires to appoint new persons to assist in managing the GHAD and desires to delegate to such persons such powers as provided herein. The Board of Directors of the GHAD HEREBY RESOLVES THAT: 1 1. Any prior Resolution appointing officers to the GHAD is hereby rescinded and of no further force or effect. 2. Geolex, Inc. is the current GHAD Manager and is hereby reappointed as the GHAD Manager. 3. Geolex, Inc. is appointed as the GRAD Clerk. Geolex, Inc. may delegate the powers and duties of the Clerk to a qualified person, such as legal counsel, as it determines in its sole discretion. 4. The County Treasurer is retained and reappointed as the Interim GHAD Treasurer. The GRAD Manager shall report back to the Board of Directors with a recommendation of a permanent Treasurer. 5. The authority for performing all GHAD operations is authorized and delegated to the GHAD Manager, including managing and directing, on an every day basis,the GHAD operations and staff and hiring all persons or entities to undertake operation, maintenance, replacement, repair and other activities of the GRAD. The Board of Directors further authorizes the GHAD Manager to award and execute contracts, for and on behalf of the GHAD, for repair, maintenance and improvement projects and for professional and support services with consultants, contractors, professionals and/or other service providers as it deems necessary to assist in carrying out the functions of the GHAD. 6. The Board of Directors further authorizes the GHAD Manager to appropriate and expend GHAD funds as necessary for carrying out the GHAD operations in accordance with the budget approved by the Board of Directors. In addition, the G14AD Manager is hereby authorized to expend funds for emergency responses in excess of the approved budget. In such event, the GHAD Manager shall report back to the Board of Directors as soon thereafter as reasonably practical on the expenditure of the funds. The GHAD Manager shall work directly with the GHAD Treasurer in receiving funds from the GHAD account to cover all GHAD costs and expenditures. 7. The Board of Directors hereby authorizes and delegates the authority to the GHAD Manager to select and contract with legal counsel to provide legal services for the GHAD. 8. The recitals are incorporated herein by this reference. This Resolution shall become effective immediately upon its passage and adoption. 1 2 THE BOARD OF DIRECTORS OF WENDT RANCH GEOLOGIC HAZARD 1AIR ATEMENT DISTRICT Adopted this Resolution on l by the following vote: AYES: Gioia, Uilkema, Piepho and Bonilla NOES: none ABSENT: Glover ABSTAIN: none RESOLUTION NO 2008/01 (WENDT RANCH GHAD) SUBJECT: (1) Rescinding Resolution No. 2002/60 Appointing Officers to the Wendt Ranch Geologic Hazard Abatement District; and (2) Adopting Resolution No. 08/ 01 Setting Forth the Framework for the Wendt Ranch Geologic Hazard Abatement District, including the Appointment of Officers and Delegation of Certain Authority to the GHAD Manager. WHEREAS, on February 12, 2002, the Board of Supervisors of Contra Costa County adopted Resolution no. 2002/59 approving the formation of the Wendt Ranch Geologic Hazard Abatement District("GHAD"), and appointed itself to act as the Board of Directors for the GHAD in accordance with Public Resources Code section 26567. WHEREAS, on February 12, 2002, the Board of Directors of the GHAD approved Resolution No. 2002/60 appointing officers to the GHAD. WHEREAS, on July 19, 2005 the Board of Directors adopted Resolution No. 2005/421 and the Board of Supervisors adopted Resolution No. 2005/437 annexing the Alamo Creek and Intervening Properties into the GHAD. WHEREAS, the Board of Directors recognizes that the GHAD is a political subdivision of the State of California, governed in accordance with Public Resources Code sections 26500 et. seq., and a legal entity that is separate and distinct from the County of Contra Costa and that the GHAD operations are independent of the County functions. WHEREAS, the GHAD, through the GHAD Manager, is the legal entity responsible for .hiring its own staff, including all persons or entities who will undertake operation, maintenance, replacement, repair and other activities of the GHAD. WHEREAS,pursuant to Public Resources Code sections 26584 and 26585, the Board of Directors must appoint a Treasurer and a Clerk of the GHAD, and pursuant to Public Resources Code section 26586, the Board of Directors may appoint other persons to assist in managing the GHAD and delegate to such persons such powers as may be appropriate in order to carry out the functions of the GHAD. 1 �1 WHEREAS,the Board of Directors desires to rescind the previous appointment of officers and desires to appoint new persons to assist in managing the GHAD and desires to delegate to such persons such powers as provided herein. The Board of Directors of the GHAD HEREBY RESOLVES THAT: 1. Resolution No. 2002/60 is hereby rescinded and of no further force or effect. 2. ENGEO, Inc. is the current GHAD Manager and is hereby reappointed as the GHAD Manager. 3. ENGEO, Inc. is appointed as the GHAD Clerk. ENGEO, Inc. may delegate the powers and duties of the Clerk to a qualified person, such as legal counsel, as it determines in its sole discretion. 4. The County Treasurer is retained and reappointed as the Interim GHAD Treasurer. The GHAD,Manager shall report back to the Board of Directors with a recommendation of a permanent Treasurer. 5. The authority for performing all GHAD operations is authorized and delegated to the GHAD Manager, including managing and directing, on an ever day basis, the GHAD operations and staff and hiring all persons or entities to undertake operation, maintenance, replacement, repair and other activities of the GHAD. The Board of Directors further authorizes the GHAD Manager to award and execute contracts, for and on behalf of the GHAD, for repair, maintenance and improvement projects and for professional and support services with consultants, contractors, professionals and/or other service providers as it deems necessary to assist in carrying out the functions of the GHAD. 6. The Board of Directors further authorizes the GHAD Manager to appropriate and expend GHAD funds as necessary for carrying out the GHAD operations in accordance with the budget approved by the Board of Directors. In addition, the GHAD Manager is hereby authorized to expend funds for emergency responses in excess of the approved budget. In such event, the GHAD Manager shall report back to the Board of Directors as soon thereafter as reasonably practical on the expenditure of the funds. The GHAD Manager shall work directly with the GHAD Treasurer in receiving funds from the GHAD account to cover all GHAD costs and expenditures. 7. The Board of Directors hereby authorizes and delegates the authority to the GHAD Manager to select and contract with legal counsel to provide legal services for the GHAD. 8. The recitals are incorporated herein by this reference. This Resolution shall become effective immediately upon its passage and adoption. 2 a THE BOARD OF DIRECTORS OF WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT .Adopted this Resolution on by the following vote: AYES: Gioia, Uilkema, Piepho and Bonilla NOES: none ABSENT: Glover ABSTAIN: none -RESOLUTION NO. 2008/01 (WIEDEMANN RANCH GHAD) SUBJECT: (1) Rescinding Resolution No. 98/439 (Appointing Officers to the Wiedemann Ranch Geologic Hazard Abatement District); (2) Terminating the Joint Exercise of Powers Agreement ("JPA"); and (3) Adopting Resolution No. 08/-o k Setting Forth the Framework for the Wiedemann Ranch Geologic Hazard Abatement District, including the Appointment and Delegation of Certain Authority to the GHAD Manager. WHEREAS, on September 1, 1998, the Board of Supervisors of Contra Costa County adopted Resolution No. 98/438 approving the formation of the Wiedemann Ranch Geologic Hazard Abatement District ("GHAD"), and appointed itself to act as the Board of Directors for the GHAD in accordance with Public Resources Code section 26567. WHEREAS, on September 1, 1998, the Board of Directors of the GHAD approved Resolution No. 98/439 appointing officers to the GHAD. WHEREAS, on April 11, 2000, the Board of Supervisors adopted Resolution No. 2000/166 and the Board of Directors adopted Resolution No. 2000/167 conditionally annexing Subdivision 8188 (Lyon-Henry Ranch) into the GRAD; and later adopted Resolution Nos. 2000/355 and 2000/356, respectively, annexing Subdivision 8188 (Lyon-Henry Ranch) into the GHAD. WHEREAS, on January 21, 2003, the Board of Directors and the Board of Supervisors approved Resolution No. 2003/36 approving the JPA. WHEREAS, the Board of Directors recognizes that the GHAD is a political subdivision of the State of California, governed in accordance with Public Resources Code sections 26500 et. seq., and a legal entity that is separate and distinct from the County of Contra Costa and that the GRAD operations are independent of the County functions. WHEREAS, the GHAD, through the GHAD Manager, is the legal entity responsible for hiring its own staff, including all persons or entities who will undertake operation, maintenance, replacement, repair and other activities of the GHAD. 1 WHEREAS, pursuant to Public Resources Code sections 26584 and 26585, the Board of Directors must appoint a Treasurer and a Clerk of the GHAD, and pursuant to Public Resources Code section 26586, the Board of Directors may appoint other persons to assist in managing the GHAD and delegate to such persons such powers as may be appropriate in order.to carry out the functions of the GHAD. WHEREAS, the Board of Directors desires to rescind the previous appointment of officers and desires to appoint new persons to assist in managing the GHAD and desires to delegate to such persons such powers as provided herein. The Board of Directors of the GHAD HEREBY RESOLVES THAT: 1. Resolution No. 98/439 is hereby rescinded and of no further force or effect. 2. ENGEO, Inc. is the current GHAD Manager and is hereby reappointed as the GHAD Manager. 3. ENGEO, Inc. is appointed as the GHAD Clerk. ENGEO, Inc. may delegate the powers and duties of the Clerk to a qualified person, such as legal counsel, as it determines in its sole discretion. 4. The County Treasurer is retained and reappointed as the Interim GHAD Treasurer. The GHAD Manager shall report back to the Board of Directors with a recommendation of a permanent Treasurer. 5. The authority for performing all GHAD operations is authorized and delegated to the GHAD Manager, including managing and directing,on an every day basis, the GHAD operations and staff and hiring all persons or entities to undertake operation, maintenance, replacement, repair and other activities of the GHAD. The Board of Directors further authorizes the GHAD Manager to award and execute contracts, for and on behalf of the GHAD, for repair, maintenance and improvement projects and for professional and support services with consultants, contractors, professionals and/or other service providers as it deems necessary to assist in carrying out the functions of the GHAD. 6. The Board of Directors further authorizes the GHAD Manager to appropriate and expend GHAD funds as necessary for carrying out the GHAD operations in accordance with the budget approved by the Board of Directors. In addition, the GHAD Manager is hereby authorized to expend funds for emergency responses in excess of the approved budget. In such event, the GHAD Manager shall report back to the Board of Directors as soon thereafter as reasonably practical on the expenditure of the funds. The GHAD Manager shall work directly , with the GHAD Treasurer in receiving funds from the GHAD account to cover such costs and expenditures. 7. The Board of Directors hereby authorizes and delegates the authority to the GHAD Manager to select and contract with legal counsel to provide legal services for the GHAD. 2 8. The Board of Directors hereby terminates the JPA through the modification provisions set forth in Section 5 of the JPA(as did the Board of Supervisors pursuant to Resolution No._adopted on the same date). By mutual consent of the parties, as of the effective date of this Resolution (and Resolution No.—of the Board of Supervisors)the JPA is hereby terminated and shall be of no further force or effect. 9. The recitals are incorporated herein by this reference. This Resolution shall become effective immediately upon its passage and adoption. 3 THE BOARD OF DIRECTORS OF BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Resolution on_ og , by the following vote: AYES: Gioia, Uilkema, Piepho and Bonilla NOES: none ABSENT: Glover ABSTAIN: none RESOLUTION NO. 2008/01 (BLACKHAWK GRAD) SUBJECT: (1) Rescinding Resolution No. 86/369 (Appointing Officers to the Blackhawk Geologic Hazard Abatement District); (2) Rescinding Resolution Nos. 86/370 and 98/329 (Establishing and Amending Procedures For Awarding Contracts for the Blackhawk GHAD); (3) Terminating the Joint Exercise of Powers Agreement("JPA"); and (4) Adopting Resolution No. 08/_e)L_ Setting Forth the Framework for the Blackhawk Geologic Hazard Abatement District, including the Appointment of Officers and the Delegation of Certain Authority to the GHAD Manager. WHEREAS, on April 22, 1986, the Board of Supervisors of Contra Costa County adopted Resolution No. 86/210 approving the formation of the Blackhawk Geologic Hazard Abatement District("GHAD"), and appointed itself to act as the Board of Directors for the GHAD in accordance with Public Resources Code section 26567. WHEREAS, on June 24, 1986, the Board of Directors of the GHAD approved Resolution No. 86/369 appointing officers to the GHAD and approving the JPA. WHEREAS, on June 24, 1986 the Board of Directors approved Resolution No. 86/370 establishing procedures for contracts for the Blackhawk GHAD and on June 23, 2998 adopted Resolution No. 98/329 amending such contracting procedures. WHEREAS, on June 24, 1986 the Board of Supervisors approved Resolution No. 86/372 approving the JPA. WHEREAS, the Board of Directors recognizes that the GHAD is a political subdivision of the State of California, governed in accordance with Public Resources Code sections 26500 et. seq., and a legal entity that is separate and distinct from the County of Contra Costa and that the GHAD operations are independent of the County functions. WHEREAS, the GHAD, through the GHAD Manager, is the legal entity responsible for hiring its own staff, including all persons or entities who will undertake operation, maintenance, replacement, repair and other activities of the GHAD. 1 WHEREAS, pursuant to Public Resources Code sections 26584 and 26585, the Board of Directors must appoint a Treasurer and a Clerk of the GRAD, and pursuant to Public Resources Code section 26586, the Board of Directors may appoint other persons to assist in managing the GHAD and delegate to such persons such powers as may be appropriate in order to carry out the functions of the GHAD. WHEREAS, the Board of Directors desires to rescind the previous appointment of officers and desires to appoint new persons to assist in managing the GHAD and desires to delegate to such persons such powers as provided herein. The Board of Directors of the GHAD HEREBY RESOLVES THAT: 1. Resolution Nos. 86/369, 86/370 and 98/329 are hereby rescinded and of no further force or effect. 2. Kleinfelder, Inc. is the current GHAD Manager and is hereby reappointed as the GHAD Manager. 3. Kleinfelder, Inc. is appointed as the GHAD Clerk. Kleinfelder, Inc. may delegate the powers and duties of the Clerk to a qualified person, such as legal counsel, as it determines in its sole discretion. 4. The County Treasurer is retained and reappointed as the Interim GHAD Treasurer. The GHAD Manager shall report back to the Board of Directors with a recommendation of a permanent Treasurer. 5. The authority for performing all GHAD operations is authorized and delegated to the GHAD Manager, including managing and directing, on an every day basis, the GHAD operations and staff and hiring all persons or entities to undertake operation, maintenance, replacement, repair and other activities of the GHAD. The Board of Directors further authorizes the GHAD Manager to award and execute contracts, for and on behalf of the GHAD, for repair, maintenance and improvement projects and for professional and support services with consultants, contractors, professionals and/or other service providers as it deems necessary to assist in carrying out the functions of the GHAD. 6. The Board of Directors further authorizes the GHAD Manager to appropriate and expend GHAD funds as necessary for carrying out the GHAD operations in accordance with the budget approved by the Board of Directors. In addition, the GHAD Manager is hereby authorized to expend funds for emergency responses in excess of the approved budget. In such event, the GHAD Manager shall report back to the Board of Directors as soon thereafter as reasonably practical on the expenditure of the funds. The GHAD Manager shall work directly with the GHAD Treasurer in receiving funds from the GHAD account to cover such costs and expenditures. 7. The Board of Directors hereby authorizes and delegates the authority to the GHAD Manager.to select and contract with legal counsel to provide legal services for the GHAD. 2 8. The Board of Directors hereby terminates the JPA through the modification provisions set forth in Section 3 of the JPA (as did the Board of Supervisors pursuant to Resolution No. _adopted on the same date). By mutual consent of the parties, as of the effective date of this Resolution(and Resolution No. of the Board of Supervisors) the JPA is hereby terminated and shall be of no further force or effect. 9. The recitals are incorporated herein by this reference. This Resolution shall become effective immediately upon its passage and adoption. 3 i 1 THE BOARD OF DIRECTORS OF CANYON LAKES GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Resolution on pp 9 by the following vote: AYES: Gioia, Uilkema, Piepho and Bonilla NOES: none ABSENT: Glover ABSTAIN: none RESULU I IVIN iw 2008/01 (CANYON LAKES GHAD) SUBJECT: (1) Rescinding Resolution No. 86/405 (Appointing Officers to the Canyon Lakes Geologic Hazard Abatement District and Approving the Joint Exercise of Powers Agreement ("JPA")); (2) Rescinding Resolution No. 86/406 (Establishing Contracting Procedures); (3) Terminating the JPA; and(4)Adopting Resolution No. 08/ O t Setting Forth the Framework for the Canyon Lakes Geologic Hazard Abatement District, including the Appointment of Officers and Delegation of Certain Authority to the GHAD Manager. WHEREAS, on June 4, 1985, the Board of Supervisors of Contra Costa County adopted Resolution No. 85/289 approving the formation of the Canyon Lakes Geologic Hazard Abatement District ("GHAD"), and appointed itself to act as the Board of Directors for the GHAD in accordance with Public Resources Code section 26567. WHEREAS, on July 15, 1986, the Board of Directors of the GHAD approved Resolution No. 86/405 appointing officers to the GHAD and approving the JPA. WHEREAS, on July 15, 1986 the Board of Supervisors approved Resolution No. 86/408 approving the JPA. WHEREAS, on July 15, 1986 the Board of Directors adopted Resolution No. 86/406 establishing procedures for awarding of contracts for GHAD repair, maintenance and improvement projects and for professional and support services. WHEREAS, the Board of Directors recognizes that the GHAD is a political subdivision of the State of California, governed in accordance with Public Resources Code sections 26500 et. seq., and a legal entity that is separate and distinct from the County of Contra Costa and that the GHAD operations are independent of the County functions. WHEREAS, the GHAD, through the GHAD Manager, is the legal entity responsible for hiring its own staff, including all persons or entities who will undertake operation, maintenance, replacement, repair and other activities of the GHAD. 1 1 WHEREAS,pursuant to Public Resources Code sections 26584 and 26585, the Board of Directors must appoint a Treasurer and a Clerk of the GHAD, and pursuant to Public Resources Code section 26586, the Board of Directors may appoint other persons to assist in managing the GHAD and delegate to such persons such powers as may be appropriate in order to carry out the functions of the GHAD. WHEREAS, the Board of Directors desires to rescind the previous appointment of officers and desires to appoint new persons to assist in managing the GHAD and desires to delegate to such persons such powers as provided herein. The Board of Directors of the GHAD HEREBY RESOLVES THAT: 1. Resolution Nos. 86/405 and 86/406 are hereby rescinded and of no further force or effect. 2. Kleinfelder, Inc. is the current GHAD Manager and is hereby reappointed as the GHAD Manager. 3. Kleinfelder, Inc. is appointed as the GHAD Clerk. Kleinfelder, Inc. may delegate the powers and duties of the Clerk to a qualified person, such as legal counsel, as it determines in its sole discretion. 4. The County Treasurer is retained and reappointed as the Interim GHAD Treasurer. The GHAD Manager shall report back to the Board of Directors with a recommendation of a permanent Treasurer. 5. The authority for performing all GHAD operations is authorized and delegated to the GHAD Manager, including managing and directing, on an every day basis, the GHAD operations and staff and hiring all persons or entities to undertake operation, maintenance, replacement, repair and other activities of the GRAD. The Board of Directors further authorizes the GHAD Manager to award and execute contracts, for and on behalf of the GHAD, for repair, maintenance and improvement projects and for professional and support services with consultants, contractors, professionals and/or other service providers as it deems necessary to assist in carrying out the functions of the GHAD. 6. The Board of Directors further authorizes the GHAD Manager to appropriate and expend GHAD funds as necessary for carrying out the GHAD operations in accordance with the budget approved by the Board of Directors. In addition, the GHAD Manager is hereby authorized to expend funds for emergency responses in excess of the approved budget. In such event, the GHAD Manager shall report back to the Board of Directors as soon thereafter as reasonably practical on the expenditure of the funds. The GHAD Manager shall work directly with the GHAD Treasurer in receiving funds from the GHAD account to cover such costs and expenditures. 7. The Board of Directors hereby authorizes and delegates the authority to the GHAD Manager to select and contract with legal counsel to provide legal services for the GHAD. 2 8. The Board of Directors hereby terminates the JPA through the modification provisions set forth in Section 3 of the JPA (as did the Board of Supervisors pursuant to Resolution No. _adopted on the same date). By mutual consent of the parties, as of the effective date of this Resolution (and Resolution No. _of the Board of Supervisors) the JPA is hereby terminated and shall be of no further force or effect. 9. The recitals are incorporated herein by this reference. This Resolution shall become effective immediately upon its passage and adoption. 3