To: Board of Directors
From: Blackhawk Geological Hazard Abatement District
Report Title: Adopt Resolution 2026-01 to reauthorize GHAD Officers to work with Cal OES and Adopt Resolution 2026-02 to adopt annual budget and update payment limit for GHAD Manager Consulting Agreement
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Blackhawk GHAD Resolution No. 2026-01 updating authorization for GHAD General Manager and GHAD Legal Counsel to work with the California Governor’s Office of Emergency Services (Cal OES) for purposes of obtaining federal financial assistance for the performance of disaster services.
ADOPT Blackhawk GHAD Resolution No. 2026-02 adopting the GHAD budget for fiscal year 2026-27 and updating the GHAD Manager payment limit pursuant to the Consulting Services Agreement.
FISCAL IMPACT:
The GHAD is funded 100% through a portion of the property tax levied on properties within the GHAD.
BACKGROUND:
On April 22, 1986, the Contra Costa County Board of Supervisors adopted Resolution 86/210 approving the formation of the Blackhawk Geologic Hazard Abatement District ("GHAD") and appointed itself to serve as the GHAD Board of Directors (“GHAD Board”). The GHAD includes a GHAD General Manager (Sands Construction), GHAD Clerk/Attorney (Fennemore LLP) and a GHAD Treasurer (Laffer Tengler Investments) all appointed by the Board.
1. Reauthorizing GHAD Officers to work with Cal OES to obtain federal financial assistance (Resolution No. 2026/01).
On March 7, 2023 pursuant to Resolution No. 2023/01, the GHAD Board authorized the GHAD General Manager and the GHAD Legal Counsel to work with Cal OES to seek federal assistance for costs related to the winter 2022/2023 storms. Cal OES requires this authorization to be updated every three years. Resolution No. 2026/01 serves as that authorization.
The GHAD has been working with CalOES and has obtained $183,327.43 in reimbursement to date. FEMA denied the remainder of the claims asserting that the GHAD lacked the legal responsibility to perform the work undertaken. The GHAD challenged FEMA’s determination by filing for arbitration. On February 24, 2026, Civilian Board of Contract Appeals’ (CBCA) ruled that the GHAD has the legal authority to perform disaster-related work on private property and is therefore eligible to seek FEMA Public Assistance for permanent work and debris removal. This determination reversed FEMA’s prior determination that the GHAD lacked legal responsibility. The GHAD is now returning to FEMA for technical review of the scope of eligible repairs, and the associated costs. FEMA was not operating during the government shut down over the budget and the GHAD will resume the process as soon as FEMA allows.
In order to continue seeking federal assistance, the GHAD Board must adopt the attached Resolution No. 2026/01 directing the GHAD Clerk to execute the Designation of Applicant’s Agent Resolution for Non-State Agencies (Designation Resolution) attached as Exhibit A to the Resolution.
2. Annual Budget and Payment Limit for FY 2026/2027 (Resolution 2026/02).
The GHAD Board adopts a budget for the GHAD operations each fiscal year. The GHAD Board is requested to adopt the fiscal year budget for 2026/2027 as prepared by the GHAD General Manager attached to Resolution No. 2026/01. The proposed fiscal year budget is $5,615,589.00.
In addition, the GHAD Board has been requested to update the GHAD Manager payment limits under the existing Consulting Services Agreement as required by that Agreement. The budget attached to Resolution No. 2026/02 identifies that payment limit at $1,273,260.00
CONSEQUENCE OF NEGATIVE ACTION:
The GHAD will not be able to continue to operate starting July 1, 2026 if the budget is not approved.