To: Board of Directors
From: Blackhawk Geological Hazard Abatement District
Report Title: Blackhawk GHAD Resolution No. 2024/01 Adopting Annual Budget; and Acknowledging Notice of Minor Revision to Plan of Control.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Blackhawk GHAD Resolution No. 2024/01 approving the GHAD budget for 2024/2025 fiscal year with an update to the GHAD General Manager payment limit; and
ACKNOWLEDGE NOTICE of minor revision to Plan of Control (Fourth Amendment).
FISCAL IMPACT:
100% Blackhawk Geological Hazard Abatement District Funds
BACKGROUND:
On April 22, 1986, the Contra Costa County Board of Supervisors adopted Resolution 86/210 approving the formation of the GHAD and appointed itself to serve as the GHAD Board of Directors.
1. Fiscal Year 2024/2025 Annual Budget
The GHAD Board adopts a budget for the GHAD operations each fiscal year. The GHAD Board is being requested to adopt the fiscal year budget for 2024/2025 as prepared by the GHAD Manager which is attached to Resolution No. 2024/01. The proposed fiscal budget totals $4,196,280 (attached as Exhibit A).
In addition, the GHAD Board is being requested to update the GHAD Manager payment limit under the existing Consulting Services Agreement as required by that Agreement. The budget attached to Resolution No. 2024/01 identifies that limit at $695,000 for both general and operational manager services.
The GHAD Board authorized the GHAD Manager and Legal Counsel to work with Cal OES and FEMA to seek federal financial assistance for damage caused by the 2022/2023 winter storms (Resolution No. 2023/01, adopted March 7, 2023). The GHAD filed 10 claims and received funding for 1 claim in the amount of $183,327.43 for initial debris removal. This amount is reflected in the budget. The remaining nine claims are pending before FEMA to determine eligibility and if so, qualified damage amounts.
2. Notice of Minor Revision to Plan of Control
All GHADs are required by GHAD Law (Pub. Res. Code § 26500 et seq) to have a plan of control to govern GHAD activities. Since its inception, the GHAD has had a plan of control, and the latest version (Third Amendment) was adopted by the GHAD Board on June 7, 2022 pursuant to Resolution No. 2022/01 (“Plan of Control”).
Section XI of the Plan of Control permits the General Manager to review the Plan periodically to determine if updates or revisions are needed. Minor updates and revisions can be made by the GHAD Manager without obtaining prior approval of the GHAD Board but notice of the changes must be provided to the Board.
GHAD Manager revised Section IX.B REIMBURSEMENT POLICIES and Section X RECONSIDERATION AND APPEAL POLICY to provide an expedited method in making decisions on a property owner request for reimbursement to improvements damaged or destroyed by a qualified geologic hazard. The revision also clarifies that the definition of a “property owner” includes a private landowner, homeowners association, and the Blackhawk County Club (combined Sections IX.B1 and 2, and added Section III DEFINITION of “property owner”) and listed and listed the definitions in alphabetic order. The revisions are shown on the attached as a redline to the earlier version of the Plan of Control (Exhibit B.)
CONSEQUENCE OF NEGATIVE ACTION:
The GHAD will not be able to continue to operate starting July 1, 2024 if the budget is not approved.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
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IN THE MATTER OF Adopting 2024/2025 Annual Budget and Updating GHAD Manager Payment Limits under the Consulting Services Agreement
WHEREAS, 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”).
WHEREAS, the GHAD Board of Directors desires to adopt the budget for the fiscal year 2024/2025 prepared by the GHAD Manager, Sands Construction Company, Inc., attached hereto as Exhibit A.
WHEREAS, on June 13, 2023, pursuant to Resolution No. 2023/02, the GHAD Board approved and updated the consultant services agreement with Sands Construction Company, Inc. to act as Manager for the GHAD. That agreement, in section 3, requires the GHAD Board to determine by resolution each fiscal year the payment limits for GHAD Manager services. The budget attached in Exhibit A identifies this limit at $695,000 for both general and operation manager services.
WHEREAS, the GHAD General Manager recommends that the GHAD Board review and approve the fiscal year budget for 2024/2025.
NOW, THEREFORE, BE IT RESOLVED
1. The GHAD Board approves the GHAD budget for the 2024/2025 fiscal year of $4,196,280 attached as Exhibit A and incorporated herein by this reference.
2. The GHAD Board adopts the payment limit for the GHAD General Manager services at $695,000 for fiscal year 2024/2025 as set forth in Exhibit A and incorporates this payment limit into the consulting services agreement.
3. The recitals are incorporated herein by this reference.
This Resolution shall become effective immediately upon its passage and adoption.
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