File #: A 13-037    Name: Approve EG First Amendment to the Urban Services Agreement
Type: BoS Agreement Status: Passed
File created: 3/12/2013 In control: Board of Supervisors
On agenda: 3/26/2013 Final action: 3/26/2013
Title: Approve and authorize the Chair to sign a First Amendment to the Urban Services Agreement by and between the County of Monterey and the East Garrison Community Services District Relating to East Garrison for operation and maintenance of infrastructure at the East Garrison development.
Sponsors: Public Works / RMA
Attachments: 1. Exhibit A-Background of Activities East Garrison Development, 2. Exhibit B-First Amendment to Urban Services Agreement, 3. Exhibit C-Urban Services Agreement, 4. Exhibit D-Location Map, 5. Completed Board Order & Executed Agreement
Title
Approve and authorize the Chair to sign a First Amendment to the Urban Services Agreement by and between the County of Monterey and the East Garrison Community Services District Relating to East Garrison for operation and maintenance of infrastructure at the East Garrison development.
 
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors approve and authorize the Chair to sign a First Amendment to the Urban Services Agreement by and between the County of Monterey and the East Garrison Community Services District Relating to East Garrison for operation and maintenance of infrastructure at the East Garrison development.
 
SUMMARY:
The recommended action will modify the July 18, 2006 Urban Services Agreement by and between the County of Monterey and the East Garrison Community Services District Relating to East Garrison to reflect the current understanding of which jurisdictions will be responsible for maintaining selected portions of the newly-constructed infrastructure at East Garrison.  Exhibit A provides the background for the East Garrison development project.
 
DISCUSSION:
As the Developer proceeds with project implementation, some slight modifications in the allocation of infrastructure maintenance responsibilities are needed to facilitate the continued achievement of the "fiscal neutrality" requirement.  The recommended First Amendment will implement these modifications as follows:  1) East Garrison Community Services District (EGCSD) responsibility to fund and maintain the on-site storm drain basins and collection system is clarified to include those portions of public streets and easements necessary for such maintenance.  This was not clear in the original Agreement.  2) Responsibility to reimburse the Public Works Department's costs to maintain the County-owned "perimeter" roads adjacent to East Garrison (Watkins Gate Rd., West Camp Street, Intergarrison Connector), including traffic signals and medians, is reassigned from the Homeowners Association (HOA) to the EGCSD.  3) Responsibility to maintain landscaping in the interior neighborhood parks and common areas is reassigned from the EGCSD to the HOA.  Individual private front yards are to be maintained by the HOA.  4) Responsibility to provide recreational programs at the several small 1-acre neighborhood parks is reassigned from the County Parks Department to the HOA, leaving in place the requirement for the County to provide such programs at Lincoln Park.
 
Responsibilities of the County Sheriff, Monterey County Regional Fire Protection District, Marina Coast Water District, and Monterey-Salinas Transit as described in the original Urban Services Agreement remain unchanged.
 
OTHER AGENCY INVOLVEMENT:
The Office of the County Counsel has reviewed and approved the recommended First Amendment as to form.  Staffs of the Planning Department, Public Works Department, Water Resources Agency, and Parks Department reviewed and concurred with the recommended action.  By separate action on this agenda, the Board of Supervisors acting as the Board of Directors of the East Garrison Community Services District will consider approval of the recommended First Amendment.
 
FINANCING:
The recommended action will have no impact on the County General Fund.  In accordance with the approved Disposition and Development Agreement and related documents, all costs for construction of the related improvements and the County's review thereof have been funded by the Subdivider.
 
 
Prepared by:  G.H. Nichols, P.E., Civil Engineer, (831) 755-5386
 
Approved by:
 
__________________________________________
Robert K. Murdoch, P.E., Director of Public Works
 
_________________________________________
Benny J. Young, RMA Director
 
Dated:  March 12, 2013
 
Attachments:
Exhibit A: Background of Activities - East Garrison Development
Exhibit B: First Amendment to the Urban Services Agreement by and between the County of Monterey and the East Garrison Community Services District Relating to East Garrison
Exhibit C: Urban Services Agreement by and between the County of Monterey and the East Garrison Community Services District Relating to East Garrison, July 18, 2006
Exhibit D: Location Map
 
cc:
Monterey County Water Resources Agency, David Chardovoyne, General Manager
Monterey County Regional Fire District, Michael Urquides, Chief
Monterey County Parks Department, Michael Ferry, Director
Monterey County Sheriff Department, Scott Miller, Sheriff
Monterey County Health Dept, Environmental Health Bureau, John Ramirez
Director UCP East Garrison, LLC, Jim Fletcher
Monterey-Salinas Transit, Mike Hernandez, Asst General Manager/COO
Marina Coast Water District, Jim Heitzman, General Manager