HomeMy WebLinkAboutRESOLUTIONS - 04221986 - 86-212 .2:3oc.
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,ZALIFORNIA
Adopted this Order on April 22 , 1986 , by the following vote:
AYES: Supervisors Fanden, McPeak, Torlakson and Powers
NOES: None
ABSENT: Supervisor Schroder
ABSTAIN: None
SUBJECT:
Approving Reimbursement 'of ) RESOLUTION NO. 86/ 212
Blackhawk Corporation for ) (Govt. C. Sections 29127,
Emergency Expenditures ) 53021)
Within County Service )
Area M-23 )
The Board of Supervisors of Contra Costa County
RESOLVES that:
During the winter of 1982-83, unprecedented rainstorms
and flooding triggered a number of mudslides, debris flows and
landslides originating in the open space areas of the Blackhawk
project geographic area, which geographic area is coterminus
with County Service Area M-23 . These land failures resulted in
damage to substantial real and personal properties and
endangered other such properties and imperiled the health,
safety and welfare of persons within the area. As a result of
these storms and County-wide flood conditions, the County was
duly proclaimed a disaster area.
The imminent danger to the safety of persons and
property within the Blackhawk area as a result of such land
failures called for immediate emergency remedial action to
mitigate the effects of further land failures, prevent injury
and damage to life and property, and assure the continued
provision of County services to the affected area. County
Service Area M-23 was previously established to perform, among
other things, maintenance of open space and drainage
maintenance. The Public Works Department served as the
administrative staff for County Service Area M-23 . However, in
light of the urgency of these emergency conditions, Blackhawk
Corporation, the project developer and owner of substantial
real property within the project area, after notification of
and meetings with the County Public Works Director and other
County personnel, homeowners ' groups and other interested
agencies and parties, agreed to immediately undertake to study
and repair the subject land failures, including such failures
on lands no longer under Blackhawk' s title or control, in
consideration of the commitment to recommend to the Board of
Supervisors that Blackhawk be reimbursed for costs incurred in
connection with such studies and repairs. The Public Works
Director concurred in this course of action. Based thereon,
Blackhawk responded to the emergency conditions by studying and
repairing, as required, the land failures within the Blackhawk
project area and in connection therewith, expended
approximately $3,000,000.
1
NOW, THEREFORE, THE BOARD OF SUPERVISORS HEREBY
RESOLVES, FINDS, CERTIFIES AND ORDERS AS FOLLOWS :
1. Based upon the facts and circumstances recited
above and in the report to the Board from the Director of
Community Development, dated April 16 , 1986 , the Board finds
that, as a result of the storms and flooding during the winter
of 1982-83 , an emergency existed within the Blackhawk project
area and County Service Area M-23 , which emergency required
prompt and concerted remedial action for the immediate
preservation of the public health, safety and welfare of
persons and property within such area and for the relief of the
stricken Blackhawk community.
2 . Based upon these facts and circumstances, the
Board further finds that Blackhawk Corporation, as the
developer , of the Blackhawk project and as a landowner of
substantial property within the project area, wa-s highly
familiar with the affected property and uniquely situated to
undertake the studies and repairs necessary to mitigate the
emergency.
3 . Based upon these facts and circumstances , the
Board further finds that Blackhawk Corporation expended
approximately $3 , 000 , 000 for the studies and actual repairs of
the land failures at the Blackhawk project, but that Blackhawk
Corporation has agreed to accept the total sum of FIVE HUNDRED
FIFTY THOUSAND DOLLARS ($550 , 000) in full satisfaction of the
commitment of the County to reimburse Blackhawk Corporation for
such expenditures. Said sum equals the approximate amount of
funds then on hand in the County treasury for the account of
the M-23 County Service Area available for such purposes.
4 . Based upon these facts and circumstances, the
Board hereby RATIFIES ,the aforesaid commitment and agreement
of County staff and hereby ORDERS that Blackhawk Corporation
shall be reimbursed in the amount of FIVE HUNDRED FIFTY THOUSAND
DOLLARS ($550 , 000) for expenditures made by Blackhawk Corporation
in studying and repairing the land failures in County Service
Area M-23 ' s open space areas resulting from the storms and
flooding during the winter of 1982-83 and hereby DIRECTS the
County Auditor to forthwith pay said amount to Blackhawk
Corporation out of'-the M-23 County Service Area account. The
Board further finds that none of the work for which said
reimbursement payment is made involved repairs with any County
road right-of-way or on any County building.
5 . Based upon these facts and circumstances , the
Board further finds that the reimbursement herein authorized is
for services performed and .expenditures made in connection with
the emergency described herein, which emergency was part of a
"local emergency" within the meaning of Government Code Section
8558 (c) resulting from the storms and flooding during the
winter of 1982-83 .
T hereby that this Is a true and correct copy of
an octfon taken and entered on the minutes of the
Board of Supervisors on the date shown. /
ATTESTED:
PHIL BATCH OFA, Clod:of the Board
of Supervisors and County Administrator
cc: Blackhawk By , Deputy
County Counsel
County Administrator
Community Development Dept . .
Auditor
Public Works