Title
a. Approve and authorize the Chair to execute a First Amendment to the Agreement Concerning Maintenance, Repair, and Operation of Drainage and Flood Control Systems and Required Provisions of CC&Rs by and among the County of Monterey, the Monterey County Water Resources Agency, and UCP East Garrison, LLC, for the East Garrison development on the former Fort Ord; and
b. Direct the Director of Public Works to submit the executed First Amendment to the County Recorder for recordation.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize the Chair to execute a First Amendment to the Agreement Concerning Maintenance, Repair, and Operation of Drainage and Flood Control Systems and Required Provisions of CC&Rs by and among the County of Monterey, the Monterey County Water Resources Agency, and UCP East Garrison, LLC, for the East Garrison development on the former Fort Ord; and
b. Direct the Director of Public Works to submit the executed First Amendment to the County Recorder for recordation.
SUMMARY:
The recommended action will implement minor modifications and clarifications to the June 28, 2007 Agreement Concerning Maintenance, Repair, and Operation of Drainage and Flood Control Systems and Required Provisions of CC&Rs to reflect recent updates to the Urban Services Agreement and the Operation and Maintenance Plan for East Garrison, separation of the Planning Department and the Building Services Department, assumption by the County as Successor Agency to the now-dissolved Redevelopment Agency, and current updates to the proposed CC&Rs for the development. Exhibit A provides the background for the East Garrison development project.
DISCUSSION:
The overall intent of the Agreement was to set forth the responsibility to pay for operation and maintenance of the on-site storm drain facilities within the East Garrison development, and to establish the mechanisms by which the Water Resources Agency would be able to ensure such continued operation and maintenance at no cost to the County or the WRA in the event the responsible parties are not able to fulfill their obligations to do so through billing to the Homeowners Association and/or the affected properties.
It has been determined that the Agreement should be amended to confirm and verify that the East Garrison Homeowners Association(s) will continue to be responsible to operate and maintain all infrastructure within the development that is not managed by the EGCSD or the County as provided in the proposed First Amendment to the Urban Services Agreement.
The recommended First Amendment to the Agreement Concerning Maintenance, Repair, and Operation of Drainage and Flood Control Systems and Required Provisions of CC&Rs will amend the Agreement as follows: 1.) Section 2 is amended to reflect any amendments to the Urban Services Agreement and/or the Operation and Maintenance Plan for East Garrison that may be made from time to time. 2.) Section 3 is amended to update and reflect the separation of the Planning Department and the Building Services Department, and the assumption by the County as Successor Agency to the Redevelopment Agency. 3.) Section 4 and Section 5 are amended to reflect the current updated version of the CC&Rs.
OTHER AGENCY INVOLVEMENT:
The Office of the County Counsel has approved the recommended Amendment as to form. On January 28, 2013 the Board of Directors of the Monterey County Water Resources Agency reviewed the recommended Amendment and recommended its approval. On February 26, 2013 the Board of Supervisors, Acting as the Board of Directors of the Water Resources Agency, approved the Amendment. By separate action on this Agenda, the Board of Supervisors and the Board of Supervisors acting as Board of Directors of the EGCSD are considering separately a First Amendment to the July 18, 2006 Urban Services Agreement.
FINANCING:
The recommended action will have no impact on the County General Fund.
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 Agreement Concerning Maintenance, Repair, and Operation of Drainage and Flood Control Systems and Required Provisions of CC&Rs
Exhibit C: Agreement Concerning Maintenance, Repair and Operation of Drainage and Flood Control Systems and Required Provisions of CC&Rs dated June 28, 2007
Exhibit D: Vicinity 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