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MINUTES - 03092004 - C.17
TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT GHAD FROM: MAURICE SHIUa PUBLIC WORKS DIRECTOR Ce)7 DATE: March 2, 2004 SUBJECT: ACCEPT and APPROVE the 4"'Quarter Expense and Annual Report for Fiscal Year 2002/2003 for the Blackhawk Geologic Hazard Abatement District,Danville,California. (WO 5147). SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICA'T'ION 1. Recommended Action: ACCEPT and APPROVE the 0 Quarter Expense and Annual Report for Fiscal Year 2002/2003 for the Blackhawk Geologic Hazard Abatement District. H FinancialImnact: There is no impact on the County General Fund. The Blackhawk CHAD is funded through revenues generated by County Service Area M-23 (CSA M-23). III. Reasonsfor Recommendation and Background: The Blackhawk GHAD experienced a very active Fiscal Year 02/03. The annual report details the expenditures noting that at year's end some 60 mudflow landslides Were cleaned up and/or repaired. The GHAD's goals were met and a funding surplus of $228,1.42 was contributed to the reserve fund. Continued on Attachment:X SIGNATURE: M _RECOMMENDATION OF BOARD COMMITTEE APPROVE TIHER E SIGNATURE (S): ACTION OF B ON MARCH 09, 2004APPROVED AS RECOMMENDEDXX OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. VOTE OF SUPERVISORS ATTESTED: MARCH 09, 2004 xx UNANIMOUS(ABSENT I & IV—) JOHN SWEETEN,Clerk of the Board of Supervisors and County AYES: NOES: Administrator ABSENT: ABSTAIN: SEemm BY Deputy G:\GrpData\SpDist\Board Orders\2004103-02-04 Bo CSA M-23.doc Orig.Div. Public Works(Special Districts) Contact: Skip Epperly(313-2253) cc: County administrator Catmty Counsel Kleinfelder,Inc. SUBJECT: ACCEPT and.APPROVE the 4h Quarter Expense and.Annual Report for Fiscal Year 2002/2003 for the BlackliwArk Geologic Hazard Abatement District,Danville,California. (WO 5147). DATE: March 2, 2004 PAGE: 2 Conse uc enc_es of Negative Action: The quarterly and annual expense reports for CHAD operations will not be available to residents and others with an interest in the District. i i } 4 I ANNUAL EPORT INCLUDING i rx QUA, .RTER EXPENSES YY 2002-2003 4 fi i { i E 1 i i 4 i T i J S { f i I } S i t i 4 i j 4 i i 'DIACKMWK WA r CA,94506 125.9x4.4823 �f2S.964 X3825 4 FAx i 1 i } a { January 7, 2004 zLACKIA K 3 GEOLOGIC Bl#ckhawk GHAA Board of Directors ` HAZARD Contra Costa County Board of Supervisors I ABATEMENT civ Skip Epperly,CHAD Liaison DISTRICT 255 Glacier Drive Martinez,CA 945534897 3 D.�IC(-ir�RL) . SHC}R1" :1CNIAR L A�Ac� s. SUBJECT: Blackhawk GHAD Annual Report for Fiscal Year 2002-2003 i KLEINFELDER, INC. � 1 Ladies and Gentlemen. { Attached is the Blackha k Geologic H ;zard Abatement District's Annual Report and Expense Summary representing the operations for fiscal year 2002- 2003, ending .lune 30, 2003. This report presents a summary of the District's I activities, budget and associated expense. A brief overview of significant events is presented below and more detail6 d descriptions are presented in the I following report text. KIeinfelder, Inc. assumed the General Maeger position on September 5, 2002. TheGeneral Manager's scope of services i4cluded the following elements: E i I • Prepare a line item budget. • Develop a Program Style Budget. ! • Submit Quarterly and Year-To-Dat expense reports. Develop an Annual report. i '' • Prepare an Annual Work Plan. • Keep a Monthly Incident Log. • Develop a Communications Plan. • Prepare a revised Plan of Control. • Prepare a Reserve Study. • Perforin routine geotechnical analyes and slope stability studies where i design costs are$10,000 or less. } Each of the above items has either been eeplied with, completed or is in the I review process. The General Manager has placed a high priority on establishing cooperative relationships with County personnel, the Homeowners Associations and other parties through open and responsive comm*cations. To a large extent this has been accomplished through personal meetings. 3 I � 15 B#ACMAWK PLAZA CIRCLE `s STE 103 I i DAAiviLLL.CA 94506 ; Annual Report(GHAD3QO04) Page l 925.964.0$23 i 925.964.0825(rAX) x } { ' Shortly before Kleinfelder, Inc. assumed the Blackhawk GHAD General i Manager position on September 5, 2002, the construction operations for the Conifer Terrace Landslide Repair Project were completed. The conclusion of this project had two impacts on the newfiscal year 02/03. The carry-over expenses from the previous fiscal year W re under reported at the time the fiscal 02/03 budget had been developed) by $325,924. Secondly, there reinained a potential for construction damae claims from the twelve impacted homeowners located along Sequoia Terrace above the landslide area. The increased carry-over expenses from FY 01/02 required a budget revision that was submitted in the Second Quarter report on May 20, 2003. The construction damage claims were held to h minimum by effectively utilizing 3 the detailed pre-and post construction damage surveys. z On December 15, 2002 a storm hit the cornmunity dropping over 3.5 inches of rain, an event that statistically occurs dace every 25 years. Emergency response procedures were implemented `d approximately ninety sites were secured against further damage, sixty of whch produced significant mud flows. ` The District's expenses totaled $1,186,8581 The total expenses were $6,000 or 0.5 percent above the revised budget. The District contributed $228,142 of the annual revenue to the reserve fund. t Very truly yours, Blackhavwk Geologic Hazard Abatement District I Richard Short General Manager Kle' infelder,Inc. f E t d s j i i # s I 5ti.103 0�satmu,Ck 94506 Anhual Report(GHAD3Qa04) ' PW 2 925.964.0823 W5.964.0325(F ) ' I � i t Distribution list: i c Blackhawk Home Owners Association 4125 Blackhawk Plaza Circle,42301 Danville, California 94506 t i Attention: Mark Goldberg ! i Hidden Oaks at Blackhawk C/o Community Care Property Man`agement P.O Box 1270, Pleasanton CA 94566 Tennis Villas at Blackhawk ` C/o CMJ Associates Inc. P.O. Box 190 Pleasanton, CA 94526 Saddleback at Blackhawk # C/o Jean Bates&Associates €' 3840 Blackhawk Road# 120 J Danville, CA 94506 ` P.O. Box 3428 j Danville, CA 94526 1 Silver Oak Townhomes at Blackha`ark f Canyons at Blackhawk C/o Miramonte Company f 1225 Alpine Road#206 } Walnut Creek, CA 94596 1 Attention: Lin Yates S ' s Blackhawk Country Club ` 599 Blackhawk Club Drive Danville, CA 94506 ' Attention: Larry Marx, General Manager i Supervisor Millie Greenberg t 309 Diablo Road Danville, CA 94526 Attention: Kathy Chiverton,Chief Of Staff' 7 i ## i f # 2,tLACKHAWK Plaza C eRCi I STE.103 I I?et!; ma,CA 94506 Annual Report(GHA©3Q004) Page s 925.964:{}823 125.964.0825(eAx) i ............__ _.. . .... Aim 3 BlackhavviC Geologic Hazer Abatement District Annual Report and Year End Expense ummary-Fiscal Year 200212003 r � { This report presents a summary of the GHi1D expenditures for the 41' quarter and the total annual income and expenditures for fiscal year 2002/2003. A summary of the expenditures in the 4 qua#er is presented below in Table 1. FOURTH QUARTER EXPENDITURES E i Expenditures during the 4t'quarter of the 2002/2003 fiscal year totaled $169,637.19. These expenses were distrib> ted throughout the major expense categories as shown in Table 1 below. TABLE 1 -Summary of Expenditures,4"'Quarter dbiobn� ��B 1, 4 r Major Repairs 488,000 9,656.1.2 Preventive Maintenance 1 319,000 51,182.96 Special Projects 82,000 25,715.41 Administrative 292,000 83,082.70 i Totals $1,1$1,000 $169,637.19 s ANNUAL REVENUE AND EXPENDITU"S FOR FISCAL YEAR 02/03 Revenue The estimated revenue for the 2002/2003 fiscal year totaled $1,415,000 with the major source of revenue being the tran*fer of$1,368,500 in"surplus" CSA Mj23 funds from Centra Costa County as O"vided for under the Joint Exercise of Power Agreement (JEPA) with the County. Because expenses for the year did not exceed revenue the CHAD was 4ble to contribute $228,142 to the reserve fund bringing the total in reserve t $717,718. A summary of revenue i and expenditures is presented below in Ta e 2. Total Expenses Fiscal Year 02/03 The total expenses for the four major categories,as listed in Table 2 below, } were$1,186,858.85. Figure 1 illustrates the breakdown of expenses by quarter and by category for the 02/03 fiscal year. etails of the expenditures are presented in the following text. ; i 25 kAC*iAWT,PL.Azk QRCL� i STE,103 ELLE,CA 94506 Annual Report(GHAD3QO04) Page 4 925.964:0823 1)25.964.0825(w) 3#` i I 10�ip } TABLE 2-Summary of Revenue and E'*penditures—Fiscal Year 02143* Beginning Fund Balance—July 1,2002 $489,076 Source of Funds 1 7 I i Estimated Contribution from CSA M-23 j $1,368,500 Interest on Investments 47,000 Other Income E Total Estimated Sources of Funds $1,415,000 1 Total Available Funds(Beginning Balance +Toial Sources of Funds $1,904,576 Use of Funds { Major Repair Program (Acct. Code 2319) $463,394 # ► Preventative Maintenance Program {Acct. Code 12282 317,536 { Special Projects {Acct. Code[2479) 76,148 Administration and PW Acct. Cade 123 10&5011 329,780 Total Use of Funds $1,186,858 Estimated Ending Fund Balance(Reserves Avail ble)—June 30,2403 $717,718 t { 3 #All dollar amounts shown in this table are unaudited fund estimates. s { i k i { f { I i j I i fA2 Pif Wi€YI.t2A C(RCf.F, E j atE,CA 94506 Animal Report(GHAD3QO04) ! Pale S 9 5,964.0 25 Wx't I 7 _ } q G Figure 1, Quarterly Exp nse Distribution by Category 600 0 Major Projects 6600 ©Preventive Maintenance # 0 400 .,. 4 0 300 r � 1 200 X IWU 100- 0- I 0001 st Qtr 2nd Qtr 3rd Qtr 4th Gtr Fiscal Quarter DESCRIPTION OF EXPENSE ACTIVI?.I`IES i i M:kjor Repairs Expenditures under the District's Major Itepair Program during Fiscal Year 02103 accounted for$463,394.11 or 39%of the District's total expenditures. i Daring the first quarter, subcontractor FIGURE a.cRActC APlO SEPARATION WIDTH expenses were incurred in two major SUMMARY 10 PROPERTIES projects relating to work performed during the previous fiscal year. These prgjects included the Sequoia/Conifer E Terrace slide repair, and the 5211525 ' Kingswood Place slide repair. Upon 4m assuming the position in early September, the General Manager ,. initiated specific homeowner response E procedures for all potential claims z resulting from the landslide repair work f' ono Sequoia/Conifer Terrace. A statistical analysis was designed and implemented ; to assess pre-existing and construction ��`' '` �^�' ��.�, �' �.�°` related damages to residences as a result t `' { of the construction operations on the Width,Inches PIAUCIRCt STE,103 0d #iWQA 94506 � Anrausl Report(GNAD3QOO4) Page 9.25,%4-0825 rw) F t 1 I hillside above Conifer Terrace. Utilizing s detailed statistical analysis, the General Manager was able to demonstrat and quantify to homeowners, the minimal effects that the construction had qn the residences. As a result of this effort the General Manager was able to manage these claims and keep claim settlements less than 10%of the budgeted ount. i The 521/525 Kingswood Place claim the contractor was successfully 1 negotiated without additional expense to the District. During the second quarter, the emergency response effort required to address sterna damage and the carry-over expenses from the Sequoia Conifer Landslide repair substantially depleted the available finds for the major projects program. During the third and fourth quarters, the b, get and scope of the major repair projects for Fiscal Year 43/04 were estab ished. Preparatory to the upcoming projects license agreements were drafted, regulatory agency approvals were secured, Right of Entry agreements we obtained and contract documents were drafted. Major repair contracts for th Eagle Ridge Landslide Repair and Hole #11 Restoration projects were placedIfirst on the list. Meetings were held with the Country Club and the Homeow#ers Association to finalize a cost- sharing agreement between the parties to bomplete silt removal operations at the retention basin on Hole#11. i 1 Preventive Maintenance f Expenditures under the District's Preventi a Maintenance/Operations Program totaled $317,536.31 or 27% of the Dis `ct's total expenditures. A major # portion of this amount was accrued Buri the emergency response after the r December 15, 2002 storm. 3 I j I Program Evaluation. During the first f fi quarter, monitoring, cleaning and inspection of District assets, including � concrete line ditch (B-58) systems, storm drain systems, pumps, and monitors were , F completed and evaluated. Minor projects! y and incident response operations were i completed and secured. The General' ".My Manager initiated and completed an evaluation of each element of the Dis et's preventive maintenance and monitoring program protocol and eliminatdd unnecessary monitoring and made significant changes to insure the effectiveness of the program. r 25 Sacxma vK hAZk O pal f I STE.}03 s D&NVIUE,CA 94506 j � Annual Report(G-IAD3Q004) Page 7 925:954.0823 92S.964.0825'(rkx) s ff i E Em f'rgency Response ProtocolDuring the Lcond quarter, additional contracts I were drawn or revised with consultants an contractors to include emergency response provisions during rain related for the upcoming rainy season. A response protocol was establish d for contractors on an escalating urgency scale. The response protocol was ncluded in the contracts to insure availability. Winterization measureswe a established to secure ongoing ope?rations,and emergency response materi s were fortified. TABLE 3 -Contractor Emerg+lncy Response Protocol lis se'I 'el Time fox Re` nse'; , . "Yrtie fc�t`Ivfc�li� ation 1 4 24 2 Inmedi e 4 ( 3 On Stan 2 Severe Storm on December 16In the ear y mo�ning hours of December 16, 2002, a , major storm, producing in excess of 3 5 inches of rain, impacted the Blackhawk are Emergency response procedures wete implemented and within hours the Gen Manager had heightened the response sta y to Response Level 3. Ninety impact d properties were secured against fi�zrth r damage with the placement of plastic sheeting and erosion protection whattling. Sixty of the sites experienced si ' if mud flows. ero Cooperative Effort. A cooperative effort was launched with the Blackhawk HQA and the Blackhawk Country Club tb pool resources and personnel to carry out stabilization and cleanup operatipns. On December 19, the General Manager met with the managers of the! Country Club and Homeowners Association to brief them on the sta of the storm damage, express appreciation regarding the mutual aid res nse efforts during the storm, and s secure agency commitments to coordinate arts moving forward. € I i Damage Assessments. Early in the third quarter, damage assessments and site stabilization continued from the December' � raid event. Individual letter reports were sent to every impacted property Yowner totaling 59 reports. Right-of-entry agreements were executed for every! affected property, and the slide areas were monitored during subsequent rain events. f i5 BIACMAWK PLAZA C X19. S-at 7.03 DAN,Vlta,CA 94506 Annual Report(GI IAAD3QO04) ! Page 8 925.964.0823 925.964.0825(Fhx) i Y Repair Options. During the fourth guart4, work commenced to remove the emergency response protective measures s*h as plastic sheeting and sand bags on the 60 sites within the development. Damage assessments, repair options and priority assignments were conducted to establish repair schedules. t Storm Drain Retro-Fits. Test site storm n rafts-fits were installed at Deer Trail Court as well as a debris catchment wall above Deer Ridge Place. Both sites were significantly damaged during the December 15t4 rain event. Work continued on establishing agreements with 1 of the impacted property owners to allow access and where applicable,repai operations. Special Projects i i Expenditures under the District's Special Projects Program during fiscal year 02/03 accounted for$ 76,148.16 or 6%of he District's total expenditures. Website. During the first quarter, meeting were _ held with the District's website co pant ......�DwAD Farallon Geographics to initiate a co unity rr He:r rr „t rt nrri.rrnreo... interactive web page to enhance homeowner communications, and efforts continued to increase the facility of the Geographical Information System (GIS) website. Duri g the a, second and third quarters, work continu on ! improvements to the web based GIS syste F f Plan of Control. Work was resurrected o# the District's revised Plan of Control, and 4teps were taken to coordinate a reserve stu to insure District financial solvency in the The District's revised plan of control was s presented to the Homeowners Board through a Powerpoint demonstration given by the Ge'eral Manager. Final revisions to the Plan of Co�itrol weTe drafted and circulated,as well. Test Fill. The general Manager and staff ' et with Professors' Bray and Sitar from the Civil Department at the Univ sity of California at Berkeley, to discuss the feasibility of initiating an on-site demonstration study of a test fill Iodated within.the Blackhawk community. a purpose of the test fill program is to demonstrate the dynamics of lanslides and soil creep. Innovative s stabilization techniques will be installed an tested. I 25 BWKMwK PLhzA CtRCLp STT. 103 Dr vne,Cry 94506 An�ual Report(GHAD3QO04) Page 9 925.964,0823 9b.964M25(fax) � i f Reserve Study. During the fourth quarter, tie first draft of a reserve study was generated and tested, for the first time empirical data was considered in a reserve study to project attrition levels o District assets and the frequency interval of acute and cumulative extraordin4ry rain events. i Ad ini nistrati V e The first quarter administrative costs inclu4ed the General Manager transition expenses by Gray Bowen and the Kleinfel' er team as well as legal expenses from Cordon DeFraga and Zandonella repo ing. Ramping Up, Work Plan, Monthly Inca ent Log, Communications Plan. During the second quarter Kleinfelder s el a significant amount of time ramping up to the General Manager Positio' duties. A Work Plan was prepared outlining anticipated tasks and dui dates for the upcoming .. _. three quarters. A total of 140 separate' tasks were identified. ($ A monthly incident log was _ established. Meetings were held with the relevant parties to i discuss expectations and = _ r establish communications procedures. T 'ese included meetings with Gray Bowen and Company, Contra Costa Coitnty, the Blackhawk Homeowners Association, the Blackhawk Country Club, Kathy Chiverton, Chief of Staff for Supervisor Donna Gerber, Tim Ryan, Legal Council, and several Blackhawk i homeowners. A communications plan was developed as a result of the meetings including protocols for emergency response and incident response, a community education plan and a policy for omeowners association relations. Administrative costs also included legal exenses from Gordon DeFraga for j the Wheatly case. } r i Emergency Response. The December sto i seriously affected 59 properties. As, stated above, the General Manager �eviewed each site condition and reonded to each homeowner with a letter report summarizing the GHAD's emergency response actions with plannfollow-up measures. Follow-up ti letters were issued in May summarizing a long term actions planned by the { GRAD. Qx arterly Expense Reports. During th� third quarter Kleinfelder spent a significant amount of time preparing the 4uarterly expense reports. The data from the first quarter was not complete a*d revised reports were issued after t � the final expenses were discovered. 25 DIAC#Ct AWK PLAZA CIVCL� 5Tr,E.103 DANvuu,CA 94506 Annual Report(GHAWQ004) Page 10 925.964.0823 i 925.964.0825(Fax) f _ Storm Sewer Maintenance. Meetings w re held at Donna Gerber`s office regarding the storm sewer maintenancc responsibilities shared by the Homeowner's Association, the County and the CHAD. The GRAD was asked to 'review its expenses related to storm sewer maintenance. The General f Manager attended two additional meeting I in the fourth quarter at Supervisor Gerber's office and one at County Counsel's office regarding the proposal for sharing the costs related to storm sewer rn:dntenance within the development. Administrative costs also included legal expenses from Gordon DeFraga. Initial formatting was done for a GHAD ne sletter. Budget, Plan of Control, Reserve Study. uring the fourth quarter Kieinfelder completed a program style line item budget for fiscal year 2003-2004. The third quarter expense report was submitted Ito the Board. The General Manager prepared the revised Plan of Control kind presented to the Blackhawk Homeowners Association a Power Point p esentation explaining the new Plan of Control. Several meetings were held with a consultant to establish the s" parameters for the Reserve Study report.Jhe study would be based on the associated costs of annual maintenance ano landslide repair related to rainfall 1 f equencies. p I Onsite Office Space. In an effort to increase efficiency and with the encouragement of the Blackhawk Homeo ers Association, the GHAD leased a 700 square foot on-site office space lora d at 4125 Blackhawk Plaza Circle, Suite 103 in the Blackhawk Plaza commercial center and moved in on May 15, r z 2003. I Cost Sharing Initiatives. Cost sharing ii3itiatives were established with the Blackhawk HOA, the Blackhawk Country Club and a homeowner with the potential to save the District $40,000. Th three cost sharing agreements are f shown on the following Table 4. TABLE 4-Cast Sh ring Projects : Pt`it Pro�� sti�tetl "`; ., 120 Deer Ride dace Debris Walt Blackhawk HOA 5,000 Retention Basin Hole#11 Silt Removal Blackhawk Country Club 15,000 and HOA 3130 Blackhawk Meadow Dr. Re4ainin Wall Mr.Ashby,homeowner 20,000 Budget Comparison to Actual Expenses. en compared to the budget major projects, preventive maintenance and spe ial projects were below the budget estimates while administrative expenses xceeded the budget estimate. The overall expenses exceeded the budget b 0.5 percent or about $6,000. The i budget compared to the actual expenses for the four expense categories is shown in Figure 2. 25`BLACRHAWK 1't,AZk CIRCi STt.103 c t3mviLtE,CA 94506 An tual Report(GHAD3QO04) Page 11 923.964.0823 925.964.0825(Fm) { t I 1( Figure 2 -Actual Exp nses vs Budget 500- 450- 400- 350- 300- 250- 200- CL 00450400350 250200 CL 150 Actua! U�l 100 50- 0 ; v m � d Distribution by Category. The distribu ion by categories shows that the majority of the expenses are split betty en major projects and preventive t maintenance totaling 66 percent of the udget. Administrative costs were higher than a normal year due to the G neral Manager transition and the emergency response provided by the new 'General Manager in lieu of the cast of hiring a sub-consultant. The distributia by budget categories is shown in Figure 3 below. I 1 ' Figure , Budge#aistribi4ion By Categories, % 6% € 2'7% i Major Projects ®Preventirre Maintenance Special Projects Cl Administration � I 25 B(ACKH AWY PL42A CIRCLE S-e.103 D3vawLLe,GA 94506 Annual Report(GHAD3Q004) Page 12 925.964;0823 ,W,964.0825(FAx) f 11 .._..... . ......... .................................................................... .... ................................ ..___........ ... . .............................. ......... .......................................................... Conclusion � i The fiscal year 02/03 was a challenging, but successful year for the CHAD. Major events included: the transition of tl�e new General Manager; the major cost overruns carried over from the Sequota/Conifer Terrace Slide Repair; the k emergency response required to address the property damage resulting from the December 15, 25-year storm, new flan of Control, Communications, and Reserve plans; and operating with a limited reserve fiend. The GGHAD's goals were accomplished and a significant contribution to the reserve fund was made. Cooperative relationships have been established between the GRAD, the Homeowners Associations, the Country Club, the homeowners and County personnel. s 1 1 y i i i c � j E t `r I f I 1 25 BiAcKHnW-KPLAZA ORCLi STE,103 # � DANvtm,CA 94506 Annual Report(GHAD3Q004) Page 13 925 964.0823 925:964.0825(fAx)