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REVISED PLAN OF CONTROL SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II (GHAD II) PITTSBURG, CALIFORNIA Submitted to: City of Pittsburg 65 Civic Drive Pittsburg, California Prepared by: ENGEO Incorporated Project No. 2705.000.000 January 4, 2016 Copyright © 2016 by ENGEO Incorporated. This document may not be reproduced in whole or in part by any means whatsoever, nor may it be quoted or excerpted without the express written consent of ENGEO Incorporated GEOTECHNICAL ENVIRONMENTAL WATER RESOURCES CONSTRUCTION SERVICES Project No. 2705.000.000 January 4, 2016 Ms. Gina Haynes City of Pittsburg Development Services 65 Civic Drive Pittsburg, CA 94565 Subject: Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) Pittsburg, California REVISED PLAN OF CONTROL Dear Ms. Haynes: We have prepared the attached unified Plan of Control for Oak Hill South Units 1 through 7, Oak Hill Crest, San Marco, San Marco Hill (Faria South) and the Vista del Mar developments within the Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II). The Plan of Control update includes the GHAD II responsibilities within Toscana at San Marco and the Preserve at San Marco. If you have any questions or would like any additional information, please do not hesitate to contact us. Sincerely, ENGEO Incorporated Eric Harrell, CEG eh/pcg/jf:poc Paul C. Guerin, GE 2010 Crow Canyon Place, Suite 250 San Ramon, CA 94583 (925) 866-9000 Fax (888) 279-2698 www.engeo.com Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 TABLE OF CONTENTS Letter of Transmittal 1.0 INTRODUCTION ......................................................................................... 1 1.1 2.0 PROPERTY IDENTIFICATION ........................................................................3 SOUTHWEST PITTSBURG GHAD II PLAN OF CONTROL .............. 3 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 GEOLOGIC HAZARDS .......................................................................................3 2.1.1 Definitions....................................................................................................3 2.1.2 Plan for Prevention, Mitigation, Abatement or Control of Existing or Potential Landslide and Erosion Hazards ................................................4 OAK HILLS SOUTH UNITS 1 THROUGH 7; OAK HILLS CREST; SAN MARCO AND SAN MARCO HILLS (FARIA SOUTH) .........................5 VISTA DEL MAR..................................................................................................6 2.3.1 Slope Instability – Vista Del Mar ................................................................6 2.3.2 Seismically Induced Ground Shaking ..........................................................9 2.3.3 Expansive Soils ............................................................................................9 GHAD II MAINTAINED IMPROVEMENTS AND OPEN SPACE AREAS ....................................................................................................................9 2.4.1 Oak Hills South Units 1 through 7; Oak Hills Crest; San Marco and San Marco Hills (Faria South) ..............................................................9 2.4.2 San Marco – Open Space Preserve Mitigation Features ..............................9 2.4.3 Bioretention Basins for Toscana ................................................................10 2.4.4 Vista Del Mar .............................................................................................10 2.4.5 General Landslide Mitigation ....................................................................11 BIOTECHNICAL RECOMMENDATIONS FOR PREVENTION AND MITIGATION OF EXISTING OR POTENTIAL EROSION HAZARDS ............................................................................................................12 CRITERIA FOR GHAD RESPONSIBILITY ..................................................12 2.6.1 Isolated or Remote Slope Instability ..........................................................13 2.6.2 Single Property...........................................................................................13 2.6.3 Geologic Hazards Resulting From Negligence of Property Owner...........13 2.6.4 Property Not Accepted...............................................................................13 2.6.5 Geologic Hazard Which Requires Expenditure in Amount Exceeding the Value of the Threatened or Damaged Improvement ..........13 2.6.6 GHAD Funding or Reimbursement for Damaged or Destroyed Structures or Site Improvements ................................................................14 2.6.7 No Reimbursement of Expenses Incurred by Property Owners ................14 PRIORITY FOR DISTRICT-FUNDED REPAIRS .........................................15 MAINTENANCE AND MONITORING SCHEDULE ....................................15 2.8.1 General .......................................................................................................16 2.8.2 Detention Basins ........................................................................................17 Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 TABLE OF CONTENTS (Continued) 3.0 GLOSSARY ................................................................................................. 18 4.0 PUBLIC EDUCATION AND REVIEW DUTY ....................................... 19 LIST OF REFERENCES FIGURES EXHIBIT A – Legal Descriptions EXHIBIT B – Plat to Accompany Legal Description for Vista Del Mar (Subdivision 8448) EXHIBIT C – Final Open Space Management Plan – Vista Del Mar (LSA Associates, 2006) EXHIBIT D – Water Quality/Detention Basin, Monitoring and Maintenance - Vista Del Mar EXHIBIT E – Geology – Vista Del Mar EXHIBIT F – Funding and Acceptance – Vista Del Mar EXHIBIT G – Right of Entry – Vista Del Mar EXHIBIT H – Open Space Preserve Long Term Management Plan – San Marco APPENDIX 1 APPENDIX 2 APPENDIX 3 APPENDIX 4 APPENDIX 5 APPENDIX 6 - Engineer’s Report Engineer’s Report - Vista del Mar Revised Plan of Control Addendum to Engineer’s Report – Toscana at San Marco GHAD II/City of Pittsburg Agreement Piezometer Locations Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 1.0 2705.000.000 January 4, 2016 INTRODUCTION The City Council of Pittsburg formed the Southwest Pittsburg Geologic Hazard Abatement District (GHAD) in 1995 with approval of Resolution 95-8136 under authority of the California Public Resources Code (Division 17, commencing with Section 26500). The original Board was created with the appointment of five owners of real property within the District, until the original GHAD was dissolved and the Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) was created. Included within the original District were Oak Hills South Units 1 through 4 (Subdivision 7745) and San Marco (Subdivision 7362). On May 1, 2000, Oak Hills South Units 5, 6 and 7 (Subdivision 8042) and San Marco Hills were annexed into the Southwest Pittsburg GHAD. The Southwest Pittsburg GHAD was then dissolved and all of the properties within the former GHAD were included in the Southwest Pittsburg GHAD II formed with the adoption of Pittsburg City Council Resolution No. 01-9330 on February 20, 2001. The Pittsburg City Council members act as the Board of Directors of the Southwest Pittsburg GHAD II. GHAD II Board Resolution 01-001, adopted on March 19, 2001, established a GHAD II Staff (Staff) as described in more detail within the Definitions section of this document. The Staff is led by the Executive Director, who reports to the Board, and the Manager, who reports to the Director. The original Engineer’s Report is attached in Appendix 1. The Vista Del Mar Project (Figure 1), was approved by the City of Pittsburg (City) for development of homes and commercial areas on January 5, 2005. Included with the Development Agreement was a suggestion that the property annex into the GHAD II. The GHAD II Board agreed in concept to the annexation of the Vista Del Mar Project on May 15, 2006 (Resolution 06-013). On March 6, 2006, the GHAD II Board of Directors approved a revised Plan of Control by Resolution No. 06-012. The 2006 Plan of Control revision states that GHAD II will be responsible for detention pond maintenance. On January 29, 2007, the Engineer’s Report and an assessment was approved for the Vista Del Mar development (Subdivision 8448) completing annexation of the development into GHAD II (Appendix 2). The adopted annexation documents included an agreement that the GHAD II would consider accepting ownership of specified parcels when conditions were met to the Board’s satisfaction. This included open space areas and areas adjacent to streets that had conditions required by the City and regulatory agencies for maintenance and environmental preservation. The open space areas to the south of the residential development contain wildlife basins that were required to construct the homes. Funds are budgeted for those activities and are described in the Engineer’s Report. A large basin was constructed along Highway 4 at the north end of Vista Del Mar. Acceptance by the GHAD II is not planned until the final improvements are built on the parcel north of West Leland Road. Maintenance costs are being borne by the two property owners. -1- Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 The GHAD contracted with private companies to perform maintenance and minor repair work until 2009. At that time, the GHAD II Board contracted with the City to provide staffing for management, maintenance and financial assistance. Costs were expected to be reduced with this change. On June 21, 2010, GHAD II accepted several parcels of land within Tract 8488 along the northern, eastern, and western perimeters of the Vista Del Mar project for ownership. The scope of GHAD services for these parcels was identified in the Plan of Control and maintenance costs were identified in the Engineer’s Report prior to acceptance by the GHAD II. The developer of the San Marco project approached the GHAD II to request that the GHAD II accept certain lands and two basins for ownership. On August 16, 2010, the GHAD II Board authorized staff to further investigate the scope of the responsibility and any related costs. Staff has been discussing options and evaluating costs and history of the GHAD to bring a recommendation to the Board. The original documents anticipated up to six basins and the inclusion of the two proposed annexed basins would bring the total basins maintained by the GHAD II to that number. A budget was established for related expenses and is included as Appendix 3, but funding is from existing assessments on parcels in San Marco and Oak Hills. In 2013, monitoring, maintenance, and repair of three bioretention cells were included with GHAD II scope of activities. The bioretention cells service the Toscana development (Subdivision 9306) at San Marco. An additional assessment for those specially benefited properties was approved by the Board in August 2013. The approved resolution requires that costs for the maintenance and replacement of the bioretention cells be kept in a separate account from other GHAD II expenses and reserves. An Engineer’s Report was prepared for maintenance of bioretention cells within Subdivision 9306 and is attached to the Plan of Control as Appendix 4. On November 18, 2013, the GHAD II accepted ownership of additional properties along the western boundary of the Vista Del Mar project (Resolution 13-045). In order to construct a pedestrian pathway between the Vista Del Mar and San Marco tracts over the property acquired by GHAD II, an easement was granted to the City on July 21, 2014. The City covers all maintenance costs and liabilities related to the path. The agreement is attached as Appendix 5. It is anticipated that approval of the acceptance of the Preserve parcels in San Marco will occur at the same time as the adoption of this Plan of Control. In this Plan of Control, GHAD II responsibilities for the Preserve parcels within the San Marco development are described. The Preserve parcels are located adjacent to San Marco Boulevard and include a total of 12.52 acres. The Preserve Manager will be the Manager of the GHAD II. Construction of the Preserve was completed in 2005. Since the formation of the current GHAD II, many documents have been prepared describing responsibilities and budgets. The GHAD II now wishes to revise its Plan of Control into one uniform, updated document that reflects the present nature and scope of its responsibilities in order to help manage the GHAD II efficiently in the future. -2- Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 Section 26509 of the Public Resources Code requires a Plan of Control, prepared by a State-Certified Engineering Geologist, as a prerequisite to formation of a GHAD. An Engineering Geologist, certified pursuant to Section 7822 of the Business and Professions Code, prepared the original Plan of Control for the Southwest Pittsburg GHAD and GHAD II. The Business and Professions Code requires a Plan of Control to describe in detail geologic hazards, their location, who is affected by them, and most significantly, a plan for the prevention, mitigation, abatement, or control thereof. As used in this Plan of Control, and as provided in Section 26507, “geologic hazard” means an actual or threatened landslide, land subsidence, soil erosion, earthquake, fault movement, or any other natural or unnatural movement of land or earth. 1.1 PROPERTY IDENTIFICATION The existing GHAD II boundary is shown on Figure 1. A written description of parcels within the existing GHAD II is provided in Exhibit A. The District boundary for the Vista Del Mar portion of GHAD II is shown on the District Boundary Map in Exhibit B. Those lands currently owned in fee title by the GHAD II are shown in Exhibits A and B by shading. 2.0 SOUTHWEST PITTSBURG GHAD II PLAN OF CONTROL 2.1 GEOLOGIC HAZARDS 2.1.1 Definitions Landslide A deposit of soil and/or rock moving downward from its original position under the influence of gravity and/or seismicity. Landslides include a variety of morphologies and are further defined by type of materials, wetness, and mode of movement. The following chart from Varnes (1978) is widely accepted. The more common landslide terms are shown below as an example of this method of classification. TABLE 2.1.1-1 Landslide Terms (Varnes, 1978) Type of Movement Type of Material Bedrock Coarse soil Fine soil Rock Falls --- Earth fall Rotational Slides Rock slump --- Earth slump Translational Slides Rock block glide Falls Flows Complex Debris slide Earth slide Debris flow, including Rock flow Earth flow rapidly moving debris (deep creep) (mudflows) avalanches Combination of two or more types of movement -3- Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 Most landslides are truly "complex landslides" including sliding, falling, and flowing with more than one type of movement and/or material. Falls Abrupt free-fall movements of earth materials off cliffs, steep cuts, or steep stream banks. Slides Mass movements of earth materials, primarily intact, which occur along discrete shear surfaces. These surfaces (shear or slip planes) can be rotational (conchoidal or concave) such as for earth slumps, or planar as for translational earth slide or rock block glides. Flows Mass movements of earth materials in which the type of movement is one of flowing. When composed of soil finer that gravel size, the flowing material is commonly called a mudflow. Debris Flows/Debris Avalanches A debris flow/debris avalanche is composed of one or more of the following materials (natural earth materials, artificial fill, and organic debris) which flow downslope with speed. Most of the material is transported away from the area of initial ground failure. Erosion Defined as the process by which earth materials are loosened and removed by running water on the surface or in the subsurface. Sedimentation The depositing or settling of soil or rock particles from a state of suspension in a liquid. Removal of sedimentation in the silting basins is the responsibility of the GHAD II. Silt removal from the detention basins is considered as part of general maintenance and will be performed by the GHAD II. Hilly terrain open space either in a natural condition or particularly on excavated slopes can be subject to erosion. Landslide deposits, which are sometimes in a loosened condition, are particularly prone to erosion. Earthflow and mudflow type landslides typically have an area of deposition or accumulation (sedimentation area) at their base. Graded slopes in the Southwest Pittsburg GHAD II, particularly those in excess of 15 feet in vertical height or not sufficiently vegetated, can be subject to erosion and are therefore a source of transported sediment. The landscape maintenance work done by the GHAD II is that required only for erosion protection. 2.1.2 Plan for Prevention, Mitigation, Abatement or Control of Existing or Potential Landslide and Erosion Hazards A number of existing landslides have been identified within each Subdivision. These landslides have been studied by the project geotechnical and geologic consultants as part of required site-specific geotechnical explorations. Until as-graded final maps are filed on each phase or subdivision, the duty, if any, for slope maintenance shall remain with the current landowner. As -4- Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 the subdivision's improvements are accepted by the City of Pittsburg, the Southwest Pittsburg GHAD II maintenance area will enlarge to take on the duty to prevent, mitigate, abate, or control existing or potential slide or erosion hazards in the open space, stipulated areas within the established subdivision boundaries, and/or contiguous offsite graded slopes with slope easements. The GHAD II has also the right to withhold acceptance of areas for maintenance pending resolution of issues related to the existing stability of the area, the establishment of funding sources for ongoing expenses, or additional issues that may arise that would cause unanticipated revenue impacts or liability concerns for the GHAD II. The Southwest Pittsburg GHAD II shall retain, when necessary, a geologic and/or engineering consultant or hire a civil engineer and/or engineering geologist, when appropriate, to identify potential slide and erosion hazards. The professional consultants or Southwest Pittsburg GHAD II staff shall monitor existing or potential slide and erosion hazards and take action to repair or stabilize slides; and to mitigate, abate, or control the effects of sliding. The erosion hazard and adverse sediment effects are also to be monitored, mitigated, and controlled. The ongoing annual maintenance is limited to that as designated in the budget. 2.2 OAK HILLS SOUTH UNITS 1 THROUGH 7; OAK HILLS CREST; SAN MARCO AND SAN MARCO HILLS (FARIA SOUTH) The GHAD II includes Oak Hills South Units 1 through 7, Oak Hills Crest, San Marco, San Marco Hills (Faria South) located in the Bay Point area south of Highway 4. The hilly terrain is composed of north-dipping (inclined to the north) sedimentary bedrock. The geologic formations (rock units) include the Markley formation, the San Pablo Group consisting of Briones sandstone and Cierbo sandstone, the Neroly sandstone, the Lawlor tuff, and the Tehama formation sandstone, siltstone, claystone, and conglomerates. Existing landslides appear more common in higher elevations on steeper terrain. Figure 2 is a geologic map, which shows the locations of readily identifiable landslides. Development within Oak Hills South Units 1 through 7, Oak Hills Crest, San Marco, and San Marco Hills (Faria South) is ongoing for residential use by corrective grading techniques with significant areas of graded and ungraded open space. It is a potential hazard that natural slopes in the open space (not within established lots) could develop new landslides or reactivated landslides in the future. Also, graded cut slopes could result in the destabilization of open space slopes by slope steepening, with landslides developing within the created slopes and possibly extending into adjacent developed land. Of lesser but significant risk is the potential failure of engineered graded slopes within the residential subdivisions that could affect more than one lot or property owner. The GHAD II Staff, geologic and geotechnical consultants, perform inspections of GHAD II areas several times per year. The inspections identified an area east of Oakpoint Drive as having some soil movement occurring over a period of several years. In November 2013, the area was investigated by researching the grading history and excavating five exploratory test pits. A -5- Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 landslide repair had been performed during construction of the subdivision in the area of the settlement. The conclusion of the study was that no slide plane was found and that the settlement was consolidation of engineered fill material placed earlier. It was concluded that there was no threat to the homes below. During the pre-winter inspections of 2014 and 2015, a hillside above Dawnview Court, in the Oak Hills area, was found to have areas of extensive cracking. It is expected that there is minimal threat to the homes because of the large debris bench installed downslope of the disturbed area. GHAD II has conducted a field investigation (November 2015) and performed a study to evaluate the nature and extent of the condition and the stability of the area to determine if action will be required to protect the homes downhill of the disturbed area. Preliminary results available at the time of this revision indicated little risk to the homes on Dawnview Court. Piezometers have been installed in four locations within Oak Hills and San Marco as of the preparation of this revised Plan of Control. It is advised to monitor water levels in the piezometers on at least an annual basis. A high groundwater level was measured earlier in the San Marco well, but no threat was determined from that condition after an investigation by a geotechnical consultant. A map of the piezometer locations is included within Appendix 6. Annual reports are prepared by qualified geotechnical consultants and presented to the Board summarizing activities, issues, and budget status. 2.3 VISTA DEL MAR Geologic hazards identified for the Vista Del Mar site, included in the Berlogar Geotechnical Consultants (BGC) reports, include: Slope instability. Seismically induced ground shaking. Expansive soils. These geologic hazards are not expected to be eliminated entirely by site grading. Slope instability is not unique to this project, but is of importance for hillside projects throughout the San Francisco Bay Area including other developments within GHAD II. Future stability depends on various factors, including any introduction of natural or artificial groundwater, future grading and earthquake ground shaking. 2.3.1 Slope Instability – Vista Del Mar During mapping for the Design-Level Geotechnical Investigation, six designated landslide areas were identified within or adjacent to the proposed development portion of the site (Table 2.3.1-1). Figure 2 shows the location of each of the landslides. In addition to the six designated landslides, other landslides with the potential to impact the improvements included within the Open Space Management Plan and are also shown on Figure 2. -6- Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 TABLE 2.3.1-1 Mapped Areas of Slope Instability and Proposed Corrective Measures Landslide Designation Location and Landslide Type A Lots 234-251, 268-284 and 299-306. Deep-seated landslide. B Lots 256-258 and 451-454. Surficial landslide. C Area above Lots 438 through 440. Surficial landslide. D Cut slope area above Mandalay Bay Drive. Deep-seated landslide. Cut slope area above Mandalay Bay Drive at Lots 522-524. Deep-seated landslide. Lots 42 through 434. Deep-seated landslide. E F Undesignated Landslide Lots 135 through 137 Undesignated Landslide Lots 11 and 12 Undesignated Landslide Lots 15 through 18 Undesignated Landslide Lots 528 and 529 Undesignated Landslides Lots 528 through 531. Complex of small shallow landslides. Undesignated Landslides Wetland A. Complex of deep, shallow and landslides. Undesignated Landslides Wetland B. Shallow landslide and debris flow. Undesignated Landslides Wetland C. Complex of deep, shallow landslides and debris flow. Undesignated Landslides California Tiger Salamander Pond. Shallow landslides. Undesignated Landslides California Red Legged Frog Pond. Deep and shallow landslides. Undesignated Landslides Existing stock pond. Complex of deep and shallow landslides. In addition to the landslides listed above, other areas of slope instability or landsliding will likely be identified during the life of the development. Since earth stability is the District’s prime geotechnical concern, this section describes several types of slope instability that may be within the District’s area of responsibility, subject to conditions with Section 2.6 of this Plan of Control. Areas of thicker soil cover on the hillslopes are known as colluvium (Qc). Colluvial deposits are typically the result of soil creep and may be in a weak, unconsolidated state, making them susceptible to landsliding if undercut. Colluvium is generally approximately 10 to 15 feet in thickness. Landslides and colluvial deposits located within open space areas are natural landforms that do not require mitigation except where they affect man-made improvements. Potential mitigation and repair measures for GHAD II areas near improvements are discussed in Section 2.4.4. A grading permit for the Vista Del Mar project was issued on November 16, 2005, and grading began shortly thereafter. When the grading operation reached the areas of Landslide “B” on June 5, 2006, a portion of the landslide became active on the south side of the landslide complex; the landslide movement resulted in some ground cracks in the rear yards of three of the occupied -7- Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 lots adjacent to the western boundary of the project within the San Marco subdivision. Subsequently, a second, larger landslide activation occurred on July 13, 2006, at the northern end of the landslide complex; the movement resulted in additional ground cracks and landslide movement that further impacted upslope lots (both developed and undeveloped lots) adjacent to the western boundary of the project extending into the San Marco subdivision. The City required the evacuation of several of the homes until the subject landslides were repaired. The landslide repair consisted of installation of drilled “stitch” piers on the slope, removal of landslide debris, and reconstruction of the subject slopes by William Lyon Homes, Berlogar Geotechnical Consultants, Independent Construction, and Drill Tech. The area and repairs were deemed stable and suitable for the residents to safely occupy the homes. The details and locations of the landslides and drilled piers are presented in the plate designated as Site Plan, Vista Del Mar, Pittsburg, California for William Lyon Homes, Berlogar Geotechnical Consultants, Plate 1, and dated August 22, 2006. Subsequent to the above-noted landslide and repairs, another deep-seated landslide was reactivated at Vista Del Mar. The grading of the north-facing slopes at the southern end of the Vista Del Mar project (Landslides D and E) initiated in May 2006. A number of smaller slides occurred in the buttress excavations in November 2006 and through the winter of 2006-2007. The extent of the remedial grading in this area was significantly changed during grading by William Lyon Homes, Berlogar Geotechnical Consultants, and Independent Construction. As a remedial grading keyway bench was nearly complete during earthwork, landslide movement was triggered on June 28, 2007. The noted landslide movement resulted in development of ground cracks and displacement extending into the adjacent San Marco Meadows property, which is adjacent to the western and southern boundary of Vista Del Mar. To arrest landslide movement and stabilize the hillside, William Lyon Homes and Berlogar Geotechnical Consultants proceeded with field modifications to grading and remedial grading in this area. The general modifications included construction of a fill buttress on the lower portions of the slope; and cuts in higher elevation ridgeline areas on the upper areas of the landslide. A significant portion of the landslide mass left in-place. Also, William Lyon Homes and Berlogar Geotechnical Consultants recommended removal of previously approved custom lots for residential development on the north-facing slope in this area. The north-facing slope and subject landslide area was designated to be given to the GHAD in fee. Berlogar Geotechnical Consultants issued a report dated August 16, 2007, regarding the stability of the slope. A series of exchanges and meetings occurred between the developer’s engineer and the City’s geotechnical consultant, Kleinfelder that culminated with the final Response to Comments document dated January 27, 2009. That report recommended that Lots 38-44 of Tract 9113 of Vista Del Mar not be allowed to be built until an analysis of the slope stability of the area directly above the lots is established at a level and using a method acceptable to the City and the GHAD. The developer is currently working with the GHAD to perform additional analyses with GHAD and City staff review team participation. As of January 4, 2016, there has been no final conclusion reached for the southern end of Vista Del Mar. As a result, those lands, intended to be dedicated to the GHAD II, remain in the hands of the original developer and GHAD II has not accepted them for maintenance as their stability remains in question. -8- Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 The Vista Del Mar project will dedicate lands to the GHAD to preserve wildlife areas in the southern portion of the site. The area has numerous, mostly unmapped slides. The slides do not threaten structures, planned or existing, and were not intended to be repaired if failures occur. They may, however, impact the basins constructed for wildlife conservation. Wooden demarcation walls were constructed on the uphill sides of the basins to delineate the extent of the basins as originally constructed to allow their reconstruction to their original size if damaged by unstable soils. 2.3.2 Seismically Induced Ground Shaking As identified in the geotechnical report, an earthquake of moderate to high magnitude generated within the San Francisco Bay Region could cause considerable ground shaking at the site, similar to that which has occurred in the past. Seismic slope stability has been considered in the BGC remedial grading plans; however, seismically generated slope failures could occur in open-space areas outside the development limits. 2.3.3 Expansive Soils Near-surface colluvium and alluvium at the site could exhibit moderate to high potential for expansion. These potentially expansive soils could impact the planned site development. Expansive soils shrink and swell as a result of moisture changes. This can cause heaving and cracking of slabs-on-grade, pavements and structures founded on shallow foundations. The potential for expansive soils has been identified in previous reports for the property. Shrinking and swelling of expansive soils on slopes is a portion of the mechanism of creep movement, which can result in shallow slope instability. 2.4 GHAD II MAINTAINED IMPROVEMENTS AND OPEN SPACE AREAS 2.4.1 Oak Hills South Units 1 through 7; Oak Hills Crest; San Marco and San Marco Hills (Faria South) The GHAD II will mitigate or abate landslide or erosion hazards that could directly affect improved, developed, and accepted properties within the District boundaries. The GHAD II shall be responsible for the maintenance of the detention basins after they have been accepted by the City and the GHAD II. The GHAD II may assume other peripherally related open space responsibilities, such as mowing, trail maintenance, and selected other maintenance associated with open space, under written agreement with the affected property owner. Where debris benches are present, GHAD II will maintain the benches and the hillslopes uphill from the benches. 2.4.2 San Marco – Open Space Preserve Mitigation Features The GHAD’s responsibilities are detailed in the Open Space Preserve Long-Term Management Plan (Exhibit H) and include: -9- Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 Maintaining fencing and signage installed within the Preserve pursuant to the Plan. Coordinating trash removal within the Preserve. Evaluating the presence of newly introduced non-native invasive plant species within the Preserve and recommend management, if needed. Monitoring compliance and coordinating with the Resource Agencies for any remedial action needed within the Preserve. Maintaining a Log for the Preserve. This Log will contain a record of all activities, correspondence and determinations regarding the Preserve. Performing General Inspections and reporting of the Preserve pursuant to the Plan. Performing an annual Biological Inspection and reporting pursuant to the Plan. Arranging for any corrective action necessary to ensure the performance of the habitat at the Preserve in accordance with this Plan. 2.4.3 Bioretention Basins for Toscana During the approval process for the Toscana portion of the San Marco subdivision, this north-central portion of the San Marco project was deemed to need bioretention facilities to meet current standards. The GHAD II Board was asked if they would accept responsibilities for the maintenance of two basins to be constructed on the project site and allow the conversion of an existing sedimentation basin into a third bioretention basin. It was agreed that the capture of sediment is a typical GHAD responsibility and as long as a funding mechanism were put in place to fund the maintenance and replacement costs, it would be acceptable. Special assessments for these expenses were established by balloting and the GHAD II will assume responsibility for the basins after the City and GHAD II accept the basins. The basins have not been accepted as of the date of this revision of the Plan of Control. Final implementation of the special assessments for the affected properties in Toscana is expected in 2016. An Engineer’s Report was prepared for these expenditures and is attached as Appendix 4 to this Plan. 2.4.4 Vista Del Mar The District will have authority and responsibility to manage erosion and geologic hazards within the open space areas within the boundary shown in Exhibit B. The governing documents of the Vista Del Mar HOA are to include provisions requiring cooperation and coordination with the GHAD. Covenants, Conditions and Restrictions (CC&Rs) and disclosure documents for the Vista Del Mar Homeowners’ Association (HOA), which has jurisdiction in the northeastern portion of the project only, should include provisions such as allowing access to private property to allow for monitoring and mitigation activities of the GHAD (Exhibit G). The GHAD shall be responsible for monitoring and maintenance for the following site improvements located within the Vista Del Mar project. Maintenance and emergency vehicle access roads. Concrete-lined drainage ditches. Storm drain pipes, inlets and outfalls within the open space area. - 10 - Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 Subdrains and subdrain outlets. Debris benches. Ponds, wetlands, drainages and habitat within the open space area. Water Quality-Detention Basin adjacent to Highway 4. The GHAD’s maintenance responsibilities include prevention, abatement, and control of landslide and erosion hazards and vegetation control within the subdivision open space and hillsides, as provided in Section 2.6. However, GHAD II has additional responsibilities for the property that it will own in fee title. It is required for properties that have open spaces adjacent to homes meet fire district requirements including a mowed a buffer strip. Additional responsibilities apply, beyond typical GHAD requirements, for GHAD II where landscaping is installed along property owned by the GHAD along several of the streets built for the project. The GHAD II has contracted through the California Association of GHADs to acquire liability insurance for the lands within the GHAD II areas to reduce the risks associated with the property. General maintenance of the surface drainage improvements in the open space and on the hillsides, such as the concrete V-ditches, will be the GHAD’s responsibility. The GHAD II is also responsible for general maintenance of storm drain inlets and outlets in open space and creek corridors and subdrain outlets. Potential geologic hazards such as landslides and slope erosion within the open space, including the unimproved hillsides, shall be the responsibility of the GHAD II. Clearing of fire breaks and maintenance of the open space (other than hazard abatement) will also be the responsibility of the Southwest Pittsburg GHAD II in properties owned by the GHAD II. The GHAD’s creek maintenance duties will include monitoring and maintenance at the discretion of the GHAD II manager and repair of substantial bank failures that directly damage or threaten actual site improvements (including buildings, utilities, roads, storm drainage systems, mitigation ponds and wetlands). Such creek bank repairs will be undertaken by the GHAD II as necessary, and only to abate actual or threatened impact to site improvements. Biotechnical repair techniques will be the preferred method. The GHAD, subject to the conditions of the Open Space Management Plan, will be able to enter into grazing leases. As part of the environmental approval process for the Vista Del Mar Project, mitigation ponds and wetlands have been established on the southern portion the project. Maintenance of these ponds and wetlands is the responsibility of the GHAD II since improper functioning of the ponds could result in slope failures and consequent siltation within the improved portions of the Vista Del Mar Project. Maintenance of these areas shall be in accordance with the Final Open Space Management Plan for the Project (LSA Associates, Inc., February 2006) (Exhibit C). 2.4.5 General Landslide Mitigation The Plan of Control is not intended to treat landsliding or adverse erosion damage confined within a single lot boundary for minor slopes less than 15 feet in height. If, however, a hazardous landslide or erosion condition encroaches into open space or crosses a property line, or, in the judgment of the Southwest Pittsburg GHAD II Board of Directors, threatens more than one property, or is confined entirely to an area controlled by the Southwest Pittsburg GHAD II, the - 11 - Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 Plan of Control is to be followed to mitigate the damage. The techniques the District may employ to prevent, mitigate or abate landsliding or adverse erosion damage might include, but are not necessarily limited to: Removal of the unstable earth mass. Stabilization (either partial or total) of the landslide by removal and replacement with compacted drained fill. Construction of structures to retain or divert landslide material or sediment. Construction of erosion-control devices such as gabions, rip rap, geotextiles or lined ditches. Placement of drained engineered buttress fill. Placement of subsurface drainage devices (e.g., underdrains or horizontal drains). Slope correction (e.g., gradient change, biotechnical stabilization, and slope trimming or contouring). Construction of additional surface ditches and/or detention basins, silt fences, sediment traps. Placement of backfill in erosion channels. Potential landslide and erosion hazards can often best be mitigated by controlling soil saturation and water runoff and by maintaining the surface and subsurface drainage system. Maintenance shall be provided for lined surface drainage ditches and drainage terraces. 2.5 BIOTECHNICAL RECOMMENDATIONS FOR PREVENTION AND MITIGATION OF EXISTING OR POTENTIAL EROSION HAZARDS Fill slopes within the boundaries of the District are expected to be erodible as will cut slopes in bedrock; therefore, the maintenance of vegetative cover is especially important. Vegetation provides a layer of protection on soil and exposed rock. It absorbs the impact of raindrops, reduces the velocity of runoff and retards erosion. In many instances, adequate erosion protection for slopes can be accomplished with carefully selected and placed biological elements (plants) without the use of structures (e.g., brush layering and willow waddling). In other areas, biotechnical slope protection may involve the use of mechanical elements or structures in combination with biological elements to provide erosion control and help prevent small-scale slope failures. Locally, walls, welded-wire walls, gabion walls, rock walls, riprap and reinforced earth walls used in combination with carefully selected and planted vegetation can provide high-quality slope protection. The vegetation may be planted on the slope above a low retaining structure or toe wall, or the interstices of the structure can be planted. 2.6 CRITERIA FOR GHAD RESPONSIBILITY To establish an appropriate GHAD assessment level for the Southwest Pittsburg GHAD II, it is important to clearly define the limits of the GHAD’s responsibilities. The GHAD will accept responsibility for property as described in Exhibit A. However, the intent of this Plan of Control - 12 - Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 is not to extend the GHAD’s responsibilities to every potential situation of slope instability; as such, the following are exclusions from GHAD responsibility. 2.6.1 Isolated or Remote Slope Instability The GHAD shall not have responsibility to monitor, abate, mitigate or control slope instability that does not involve damage to, or pose a significant threat to damage, site improvements or flood control capacity. 2.6.2 Single Property The GHAD will not prevent, mitigate, abate or control geologic hazards which are limited in area to a single residential parcel of property unless the geologic hazard has damaged, or poses a significant threat of damage to site improvements located on other property within the GHAD boundaries. 2.6.3 Geologic Hazards Resulting From Negligence of Property Owner The GHAD may, in the GHAD manager’s sole discretion, decline to prevent, mitigate, abate or control geologic hazards which occur or result from any negligence of a homeowner and/or the homeowner’s contractors, agents or employees in developing, investigating, grading, constructing, maintaining or performing or not performing any post-development work on the subject property. 2.6.4 Property Not Accepted The GHAD shall not have responsibility to repair damage that is situated on a parcel of real property, which the GHAD has not accepted in accordance with Exhibit F. The GHAD, however, may monitor, abate, mitigate or control slope instability on a parcel of real property, which the GHAD has not accepted in accordance with Exhibit F, provided that the GHAD responsibility on such parcel shall be limited to the extent necessary to address damage or a significant threat to damage site improvements on a GHAD-accepted parcel. 2.6.5 Geologic Hazard Which Requires Expenditure in Amount Exceeding the Value of the Threatened or Damaged Improvement The GHAD may elect not to prevent, mitigate, abate or control a geologic hazard where, in the GHAD manager's sole discretion, the anticipated expenditure by the GHAD to prevent, mitigate, abate or control the geologic hazard will exceed the value of the structure(s) and site improvement(s) threatened with damage or loss. Within the Vista Del Mar 87-acre preserve, if it appears that the anticipated expenditure required to be funded by the GHAD to prevent, mitigate, abate or control a geologic hazard will exceed the value of any of the following affected improvements, the United States Army Corps of - 13 - Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 Engineers, California Regional Water Quality Control Board, and California Department of Fish and Game would be consulted to determine appropriate action. Two seasonal ponds designed for red-legged frog and tiger salamander habitat (0.31 acre and 0.24 acre, respectively). Three seasonal wetlands, totaling approximately 1.13 acres. A 0.5-acre former stock pond. Approximately 3,300 linear feet of onsite drainage channels. Approximately 1.68 acres of seeps. 2.6.6 GHAD Funding or Reimbursement for Damaged or Destroyed Structures or Site Improvements In the event a residence or any other private structure, site improvement or landscape feature is damaged or destroyed as a result of a geologic hazard, the District may fund or reimburse the property owner for the expenses necessary to repair or replace the damaged or destroyed structure, site improvement or landscaping. Unless otherwise authorized by the Board of Directors, the total dollar amount of the District funding or reimbursement paid to all property owners whose property is damaged by a geologic hazard may not exceed ten percent (10%) of the total costs incurred by the District in actually mitigating, abating or controlling the geologic hazard that causes the damage1. In the event the geologic hazard damages or destroys a structure, site improvement or landscaping which violates any provisions of the City Building Code or City Code at the time of its installation or improvement, the District may decline to provide any funding, or reimbursement to the property owner for repair or replacement of the damaged structure, improvement or landscaping. 2.6.7 No Reimbursement of Expenses Incurred by Property Owners The GHAD will not be obligated to reimburse a property owner for expenses incurred for the prevention, mitigation, abatement, or control of a geologic hazard absent a written agreement between the property owner and the GHAD to that effect, which agreement has been executed prior to the property owner incurring said expenses, and following an investigation conducted by the GHAD. The GHAD II will mitigate or abate landslide or erosion hazards that could directly affect improved, developed, and accepted properties within the District boundaries. The GHAD II shall be responsible for the maintenance of the detention basins. The GHAD II may assume other peripherally related open space responsibilities, such as mowing, trail maintenance, and selected other maintenance associated with open space, under written agreement with the affected 1 For example, if a landslide causes $10,000 in structural damage to each one of four neighboring homes for a total of $40,000 in structural damage and it costs the District $100,000 to design and install a new retaining wall to abate the slide, the District may only reimburse each property owner $2,500 of their $10,000 in structural damage. - 14 - Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 property owner. Where debris benches are present, GHAD II will maintain the benches and the hillslopes uphill from the benches. 2.7 PRIORITY FOR DISTRICT-FUNDED REPAIRS Emergency response and scheduled monitoring, maintenance or repair expenditures are to be prioritized by the GHAD Manager, utilizing its discretion, based upon available funds, a prudent reserve and the approved operating budget. Should available funds not be sufficient to undertake all of the identified remedial and preventive stabilization measures, the expenditures shall be prioritized as follows in descending order of priority: A. The prevention, mitigation, abatement or control of geologic hazards that have either damaged or pose a significant threat of damage to residences, critical lifeline utilities or emergency vehicle access corridors. B. The prevention, mitigation, abatement or control of geologic hazards that have either damaged or pose a significant threat of damage to private recreation facilities (e.g., pools, spas, etc.). C. The prevention, mitigation, abatement or control of geologic hazards that have either damaged or pose a significant threat of damage limited to loss of landscaping or other similar non-essential amenities. D. The prevention, mitigation, abatement or control of geologic hazards existing entirely on open-space property and which have neither damaged nor pose a significant threat of damage to any site improvements. If sufficient funds are not available to undertake the listed activities, the GHAD may investigate obtaining funding as allowed in Section 26505(e) of the Public Resources Code through the issuance of bonds, notes, or debentures such as a line of credit. 2.8 MAINTENANCE AND MONITORING SCHEDULE Geologic features and District-maintained facilities should be inspected on a regular basis. Budget permitting, inspections should generally be scheduled to occur one to two times per year in normal years and three or more times per year in years with heavy rainfall events. The inspections should be scheduled to take place in the fall, prior to the first significant rainfall and as necessary in mid-winter during heavy rainfall years and in spring at the end of the rainy season. - 15 - Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2.8.1 2705.000.000 January 4, 2016 General A District Engineer and/or Geologist should inspect the surface of concrete-lined drainage ditches within the District boundaries. Repairs and maintenance should be performed as needed. Excess silt or sediment in ditches should be removed and cracked or broken ditches should be patched or repaired as required before the beginning of the next rainy season. Subsurface drain outlets and horizontal drain outlets should be inspected on a regular schedule. Water flowing from these outlets should be measured and recorded during each inspection. Piezometers used to measure groundwater levels, or other instruments such as inclinometers, tiltmeters, and/or settlement-monitoring devices, should be monitored on a regular schedule. In the event of anomalous readings, the monitoring frequency should be increased. Monitoring of the creek banks will be performed on a regular basis to identify areas of possible instability or future erosion. Creek bank erosion that does not directly threaten site improvements including flood control capacity will not be repaired, and the creeks will be allowed to mature naturally. All necessary permits will be obtained before mitigation work proceeds. Monitoring of the unpaved trail system should include observing the trail for excess vegetation growth, eroded areas or areas of instability. It is anticipated that mowing of the trails would occur annually in late spring and that recontouring of portions of the trail may be necessary approximately every 3 to 5 years. An Engineer and/or Geologist should carry out a geologic reconnaissance of the site slopes for indications of erosion or slope failures. Open space slope area monitoring would include observation of debris benches and trails. The removal of accumulated debris from the benches should be undertaken in a manner that maintains the capacity of the bench to protect site improvements. Inlets, outfalls or trash racks, if used, must be kept free of debris, and spillways must be maintained. Attention should be given to plantings or other obstructions, which may interfere with access by power equipment. The water-quality/detention basins and associated improvements shall be monitored and maintained in accordance with an approved operations and maintenance manual. An Engineer and/or Geologist should carry out an inspection of the developer-constructed retaining walls to verify their condition and performance. Inspection of fuel management zones on GHAD-owned parcels shall be accomplished in accordance with a fuel management program approved by the Fire District. - 16 - Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 At the request of GHAD manager, a qualified Biologist will perform inspections of the protected resources, as indicated within the Final Open Space Management Plan included as Exhibit C. Other professionals, such as Civil Engineers and Geotechnical Engineers, will be involved as necessary. 2.8.2 Detention Basins Oak Hills South Units 1 through 7, Oak Hills Crest, San Marco San Marco Hills (Faria South) At least six or more sediment detention basins are or will be used to control run-off and sedimentation. Whether in the developed area, in a park, or adjacent to open space, the detention basins will be considered within the Southwest Pittsburg GHAD II. The sediment detention basins shall be inspected at least twice annually. One inspection shall be just before the onset of winter rains. It is important that detention basins be maintained in proper condition, as normal sediment accumulation will render them ineffective if neglected. Riser inlets or trash racks, if used, must be kept free of debris and spillways maintained. It is anticipated that at least once every four (4) years, cleanup of vegetation and removal of silt would be in order. Attention should be given to plantings or other obstructions that may interfere with access by power equipment. General maintenance of the detention basin, including sediment removal and cleaning of riser inlets or trash racks, shall be the responsibility of the GHAD District. The Southwest Pittsburg GHAD II will repair and maintain any slides or erosion within the detention basin. The detention ponds within the Southwest Pittsburg GHAD II are shown on the Vesting Tentative Map for each Subdivision as detention pond/park. The City of Pittsburg or lighting and landscape district that own title to the land will be required to perform all maintenance on graded slopes other than that required for erosion control and landslide control or prevention. Trail maintenance shall be the function of the lighting and landscape district, when outside of parkland. Silt removal from the detention basins is considered as part of general maintenance of such basins and will be performed by the GHAD District. Vista Del Mar The detention basin adjacent to Highway 4 should be monitored four times each year, as appropriate. The monitoring should occur in January, April, July, October, and as necessary during heavy rainfall events. A more detailed schedule of monitoring items and sample monitoring report forms are included in Exhibit D. The City’s policy for basin acceptance requires that all construction be completed within the contributing drainage areas prior to acceptance for maintenance. This basin is surrounded by areas (the Alves Ranch Development) that are not currently under construction and no schedule is apparent for that development. The basin is being maintained jointly by the developer of Vista Del Mar and the owner of the surrounding property. It is anticipated that when Vista Del Mar is completed, the GHAD II will accept the basin until construction begins in the adjacent Alves Ranch project. It is expected that the Alves Ranch developer will participate financially in - 17 - Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 the maintenance of the basin during the period when construction is under way unless an agreement is made between the GHAD II and the developer. After the GHAD II accepts the basin for maintenance and ownership, the GHAD II should review its inspection schedule annually and assess the effectiveness of its preventive maintenance program on a regular basis. GHAD II staff should prepare an annual report to the Board of Directors with recommendations for maintenance and/or repair projects. Consultants, as necessary, may be retained to undertake the needed studies. The District Engineer and/or Engineering Geologist retained by the District shall prepare an annual inspection report for presentation to the District Board of Directors. 3.0 GLOSSARY Engineer’s Report The document that establishes the individual property owners’ GHAD assessment based on the projected expenses (budget) of the GHAD. Geological Hazard Abatement District (GHAD) Manager An entity who will oversee the operations of the GHAD including preparation of GHAD budgets. The GHAD Manager is hired by and reports to the GHAD Board of Directors. GHAD II Staff Resolution 01-001 approved on March 19, 2001:(1) authorized the City Manager to act as the Executive Director, (2) appointed a Manager to perform the day to day operations and report to the Executive Director, (3) authorized the City Attorney to act as the GHAD II Attorney, and (4) authorized the City Clerk to serve as the Board’s Clerk. Open Space Preserve Manager The Open Space Preserve Manager shall implement or cause to be implemented the Preserve maintenance responsibilities. The GHAD Manager serves as the Open Space Preserve Manager. Regulatory Agencies Includes the San Francisco Bay Regional Water Quality Control Board, United States Army Corp of Engineers, and California Department of Fish and Wildlife. Site Improvements Includes buildings, roads, sidewalks, utilities, retaining walls, improved trails, swimming pools, geologic stabilization features and drainage features or similar improvements. - 18 - Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 4.0 2705.000.000 January 4, 2016 PUBLIC EDUCATION AND REVIEW DUTY The Southwest Pittsburg GHAD II has limited enforcement powers and does not have direct responsibility to maintain individual lots. Any hazardous or potentially hazardous conditions noted by the Southwest Pittsburg GHAD II that is confined to a single lot will be passed on to the appropriate authority. It is not expected that the Southwest Pittsburg GHAD II funds would be used to review house additions, swimming pool, or lot retaining wall plans, but CC&R's should dictate that the Southwest Pittsburg GHAD II be consulted on these modifications as some lot modifications may tend to destabilize the ground. Those homeowners requesting the lot improvement plan review from the Southwest Pittsburg GHAD II shall pay the City of Pittsburg the reasonable fee set for such review service by the Southwest Pittsburg GHAD II Board of Directors. The review by the Southwest Pittsburg GHAD II should be performed prior to issuance of a permit by the City of Pittsburg. The GHAD II does not currently have fees established but performs all work required for the benefit of outside parties utilizing a direct reimbursement method. Typically a deposit is presented to the GHAD II based upon the Manager’s reasonable estimate of the cost of the work. If costs exceed that deposit, additional funds will be required to reimburse the GHAD II for all costs incurred. If the deposit exceeds funds deposited, they will be returned after the approvals are given. Subsurface drainage subdrain systems were installed during construction of the subdivisions. The purpose of subdrain drainage systems is to provide a means by which subterranean waters can be dissipated to avoid any detrimental saturation of the soils. It is important that the integrity of the subsurface drainage systems be maintained. The Southwest Pittsburg GHAD II is charged with providing public information with respect to the following: 1. No excavation, drilling, trenching, or other earth moving activities, such as those related to installation of retaining walls, swimming pools or other underground structures are to be performed without obtaining appropriate city and/or county permits. 2. The installation of permanent irrigation systems within the slope areas of lots is to be prohibited by the CC&R's, to avoid any detrimental saturation of the slope areas. Resulting damage to the slope area could adversely affect the stability of a house constructed upon the lot and of other houses in the surrounding neighborhood. 3. Each lot within each subdivision has been graded in accordance with Improvement/Grading Plans. Drainage is to the lot front, lot rear or lot side, as the case may be, for ultimate offsite disposal. Such drainage is accomplished by positive grading and by cutting drainage swales or channels on the surface of the lot. No owner should alter the lot in any manner which will interfere with the established positive grading including, but not limited to, alterations through the installation of landscaping, retaining walls, decks, concrete patios, walkways, driveways, parking areas, and flower boxes, without first obtaining the professional advice of - 19 - Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 an engineer experienced in grading and drainage practices. Each owner of a lot shall also be responsible to maintain the grading and drainage of the lot in such a manner so that no surface waters will drain onto an adjoining owner's lot, or obstruct the free flow of waters along the established drainage pattern. 4. Any alterations to a lot, particularly to the established grading and drainage thereof, may adversely affect the integrity of the building constructed upon the lot or upon adjoining lots. Such conditions may require action by the permitting authority of the city, and may in turn require corrective action by the Southwest Pittsburg GHAD II. - 20 - Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 REFERENCES 1. ENGEO, Plan of Control for the Southwest Pittsburg Geologic Hazard Abatement District (GHAD), Pittsburg, California, Project No. 2752-E3, February 21, 1995. 2. ENGEO, Geologic Hazard Abatement District II (GHAD II), Southwest Pittsburg GHAD II Documents Annexation and Reformation, Pittsburg, California, Project No. 2752.5.053.01, October 26, 2000. 3. ENGEO, Amendment No. 1 to the Southwest Pittsburg Geologic Hazard Abatement District (GHAD) Plan of Control, Oak Hills South 5, 6, and 7 and San Marco Hills (Faria South) Annexation to the Southwest Pittsburg Geologic Hazard Abatement District (GHAD), Pittsburg, California, Project No. 2752.1.051.01, November 18, 1999. 4. ENGEO, Geologic Hazard Abatement District II (GHAD II), Southwest Pittsburg GHAD II Documents Annexation and Reformation, Pittsburg, California, Project No. 2752.5.053.01, October 26, 2000. 5. ENGEO, Geologic Hazard Abatement District II (GHAD II), Southwest Pittsburg GHAD II Documents Annexation and Reformation, Pittsburg, California, Project No. 2752.5.053.01, March 1, 2000. 6. GEOLEX Incorporated, Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II), GHAD II Documents, Plan of Control, Pittsburg, California, Project No. 116-POC3, February 8, 2006. 7. ENGEO, Southwest Pittsburg GHAD Geologic Hazard Abatement District II (GHAD II), Annexation Documents, Vista Del Mar Development, Pittsburg, California, Project No. 3328.1.057.01, September 1, 2006. 8. ENGEO, Engineer’s Report for the Southwest Pittsburg Geologic Hazard Abatement District II, Pittsburg, California, Project No. 2752.5.053.01, March 1, 2001. 9. ENGEO, Engineer’s Report for the Vista Del Mar Annexation into the Southwest Pittsburg Geologic Hazard Abatement District II, Pittsburg, California, Project No. 3328.1.057.01, September 1, 2006 (revised November 22, 2006). 10. ENGEO, Addendum to Engineer’s Report for the Southwest Pittsburg Geologic Hazard Abatement District II, Bioretention Cells – Toscana at San Marco, Pittsburg, California, Project No. 2705.260.000, June 24, 2013 (latest revision June 28, 2013). 11. Isakson & Associates Inc., Improvement Plans, West Leland Extension, Phase 1 Assessment District No 2000-01, San Marco Boulevard (Beginning to 18+14.01) City of Pittsburg, Contra Costa County, California, Sheet 5 of 14, May 9, 2000. Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 REFERENCES (Continued) 12. Isakson & Associates Inc., Improvement Plans, San Marco Unit No. 3, Subdivision 8392, Storm Drain Lines I & VIII, City of Pittsburg, Contra Costa County, California, Sheet 11A of 11A, October 26, 2001. 13. Isakson & Associates Inc., Improvement Plans, San Marco Unit No. 5, Subdivision 8423, Rio Verde Drive, City of Pittsburg, Contra Costa County, California, Sheet 4 of 10, May 29, 2002. 14. Isakson & Associates Inc., Improvement Plans, San Marco Unit No. 6, Subdivision 8519, Santa Teresa Drive Station 64+90.93 to End, City of Pittsburg, Contra Costa County, California, Sheet 5 of 17, June 28, 2006. 15. Mosaic Associates LLC, Fifth Annual and Final Wetlands and Waters Mitigation Monitoring Report Year 2009, San Marco Residential Development, Pittsburg, Contra Costa County, California, December 2009. 16. Open Space Preserve Long Term Management Plan, San Marco Development, Pittsburg, Contra Costa County, California, February 2010. 17. Seecon Financial and Construction Company Inc., San Marco Open Space Preserve, July 8, 2010. 18. Seecon Financial and Construction Company Inc., Declaration and Establishment of Covenants and Restrictions, February 7, 2011. 19. Southwest Pittsburg Geologic Hazard Abatement District II, San Marco Open Space Preserve – GHAD Agreement (E-mail), January 30, 2013. 20. Southwest Pittsburg Geologic Hazard Abatement District II, Agreement for the Ownership and Long Term Management of the San Marco Open Space Preserve, February 14, 2013. 21. Isakson & Associates Inc., Exhibit ‘J’, Job No. 201304, March 11, 2013. 22. San Marco Open Space Preserve, Annual Management Budget, November 19, 2013. 23. ENGEO, Geologic Hazard Abatement District Budget Estimate (draft), Open Space Preserve, San Marco Boulevard, Pittsburg, California, Project No. 2705.260.000, January 28, 2014. 24. ENGEO, Geologic Map, Southwest Pittsburg Geologic Hazard Abatement District II, Pittsburg, California, Project No. 2752.120.001, November 2008. Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 REFERENCES (Continued) 25. Berlogar Geotechnical Consultants, Remedial Recommendations, Northern Portion of Landslide A, Vista Del Mar, Pittsburg, California, Job No. 2385.300, August 28, 2006. 26. Berlogar Geotechnical Consultants, Remedial Recommendations, Landslide A, Vista Del Mar, Pittsburg, California, Job No. 2385.300, August 8, 2006. 27. Berlogar Geotechnical Consultants, Estimates of Future Geotechnical Maintenance Quantities, Proposed Mitigation Ponds and Wetlands, West Leland Road, Vista Del Mar, Pittsburg, California, Job No. 2385.300, Draft – June 2, 2006. 28. Berlogar Geotechnical Consultants, Letter of Transmittal, Rough Progress Map of Remedial Grading, Vista Del Mar, Pittsburg, California, Job No. 2385.300, December 15, 2005. 29. Berlogar Geotechnical Consultants, Design-Level Geotechnical Investigation, Vista Del Mar Proposed Residential Development, West Leyland Road, Pittsburg, California, Job No. 2385.103, January 30, 2004. 30. Berlogar Geotechnical Consultants, Preliminary Geotechnical Investigation, Alves Property, West Leyland Road, Pittsburg, California, Job No. 2385.100, 1999. 31. Graymer, R.W., Jones D.L., and Brabb E.E., Preliminary Geologic Map Emphasizing Bedrock Formation in Contra Costa County, California, 1994. 32. LSA Associates, Inc., Open Space Management Plan. Vista Del Mar, Pittsburg, California, October 3, 2005. 33. Pittsburg, City of, Conditions of Approval, Tract 8448 (Alves Property), Resolution 9533. 34. Ruggeri-Jenzen-Azar and Associates, Mass Grading Plans, Vista Del Mar, Pittsburg, Contra Costa County, California, Job No. 023005, November 14, 2005. 35. Ruggeri-Jenzen-Azar and Associates, Remedial Grading Plans, Vista Del Mar, Pittsburg, Contra Costa County, California, Job No. 023005, June 29, 2005. 36. Isakson & Associates Inc., Improvement Plans, West Leland Extension, Phase 1 Assessment District No 2000-01, San Marco Boulevard (Beginning to 18+14.01) City of Pittsburg, Contra Costa County, California, Sheet 5 of 14, May 9, 2000. 37. Isakson & Associates Inc., Improvement Plans, San Marco Unit No. 3, Subdivision 8392, Storm Drain Lines I & VIII, City of Pittsburg, Contra Costa County, California, Sheet 11A of 11A, October 26, 2001. Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 REFERENCES (Continued) 38. Isakson & Associates Inc., Improvement Plans, San Marco Unit No. 5, Subdivision 8423, Rio Verde Drive, City of Pittsburg, Contra Costa County, California, Sheet 4 of 10, May 29, 2002. 39. Isakson & Associates Inc., Improvement Plans, San Marco Unit No. 6, Subdivision 8519, Santa Teresa Drive Station 64+90.93 to End, City of Pittsburg, Contra Costa County, California, Sheet 5 of 17, June 28, 2006. 40. Mosaic Associates LLC, Fifth Annual and Final Wetlands and Waters Mitigation Monitoring Report Year 2009, San Marco Residential Development, Pittsburg, Contra Costa County, California, December 2009. 41. Open Space Preserve Long Term Management Plan, San Marco Development, Pittsburg, Contra Costa County, California, February 2010. 42. Seecon Financial and Construction Company Inc., San Marco Open Space Preserve, July 8, 2010. 43. Seecon Financial and Construction Company Inc., Declaration and Establishment of Covenants and Restrictions, February 7, 2011. 44. Southwest Pittsburg Geologic Hazard Abatement District II, San Marco Open Space Preserve – GHAD Agreement (E-mail), January 30, 2013. 45. Southwest Pittsburg Geologic Hazard Abatement District II, Agreement for the Ownership and Long Term Management of the San Marco Open Space Preserve, February 14, 2013. 46. Isakson & Associates Inc., Exhibit ‘J’, Job No. 201304, March 11, 2013. 47. San Marco Open Space Preserve, Annual Management Budget, November 19, 2013. FIGURE Figure 1 – Geologic Map F I G U R E Ttu Qaf/Ttu TP-37 Qc Ttu TP3-81 TP3-62 TP3-80 TP3-67 TP-36 Qaf I /T Qaf Qaf TP3-70 B3-2 TP3-71 Qal TP-39 TP3-62 TP3-95 Qaf Qc TP3-100 TP3-97 TP3-91 TP3-88 Ttu TP-45 Qc TP-46 TP-35 TP3-73 EP-6 Ttu Ttu Ttu Tl Qc Qaf TP3-95 TP-50 TP3-74 TP-53 Qc Qls Qal Qaf TP-26 TP2-5 Tl Qaf/Tn Qls Qaf Tn TP2-6 Ttu TP2-2 Ttu Ttu Qaf TP2-9 B3-3 TP-27 Tl TP-30 Ttu T-1 Qaf TP-16 Qc Ttu Qal Ttu Ttu TP-2 TP2-12 TP2-14 B3-4 Tl Qaf Ttu B3-20 B2-2 Qls Qaf TP-17 B2-1 Qaf Ttu TP-1 TP2-20 Ttu Tn/Tc Qaf TP-15 TP-59 TP2-19 Qaf/Tn Qal Ttu TP2-22 TP-31 Qaf Qaf Qaf/Tn Qal TP2-11 TP2-21 Ttu Qaf Qc TP2-10 Ttu Ttu Qaf Tn/Tc TP2-8 Qaf Ttu Qaf Tn TP-56 TP-29 Ttu TP3-76 TP-25 TP2-7 Qaf Qaf TP-55 TP3-75 Ttu TP2-1 Ttu Tn/Tc Qaf TP-73 B3-10 TP2-3 Qaf B-3 TP3-78 TP-32 Tl TP3-104 TP-47 TP-49 TP2-4 TP3-103 TP3-105 TP3-112 EP-4 TP-34 Tn/Tc TP3-112 EP-1 EP-5 Qc TP-48 Ttu TP3-106 TP3-114 EP-3 B-4 TP-33 Qls Qaf Tl Qls TP3-94 TP3-108 EP-9 Qaf TP3-79 TP3-110 TP3-113 Ttu TI Ttu TP3-111 EP-58 Tn Tl TP3-109 TP3-92 EP-7 EP-10 Ttu TP-51 TP3-96 TP3-93 TP3-102 B3-1 TP3-115 Qaf TP3-89 TP3-90 TP-43 B-1 EP-11 Qls B3-21 ? Qls Qc Ttu Qaf TP-44 ? Qc Qaf TP3-87 TP3-101 TP-42 TP-52 TP3-98 Qal B-2 Qaf/Tn TP3-84 TP3-88 TP3-86 TP3-99 Ttu TP-38 Ttu Qls TP3-82TP3-72 TP-54 ? f Qa TP3-69 TP-41 TP-40 Ttu TP-36 TP3-68 Qaf TP3-64 ? Ttu TP3-16 ? Qaf TP3-65 Qaf TP-19 Qc TP2-13 TP2-16 Tn/Tc B3-19 TP2-18 Qls Qaf Qal Qaf TP2-17 TP-20 Ttu Qaf TP-58 Ttu Tl Qc TP2-15 Ttu Qaf Qaf/Tn Qaf Tn Tl Tl TP3-37 TP3-36 Tl Qaf Qc B3-5 Qls Tc/Tmk TP-8 B3-6 TP3-38 Qal Tn TP-9 Tn Qls Qls Tl Tn Ttu Tn Ttu TP-57 Tl TP-6 Qaf/Ttu TP-7 TP-28(SM) Qal Qls Tn Tn Qaf Qaf TP-21 Qaf/Qc Tc/Tmk Qlsa Qc Qls Qls Qls TP-23 Tmk TP-30 B-33 Tmk 6' 9.5' TP-18 1.5' Qls Tmk TP-29 22' TP-26 2' Tmk B-32 B-4 TP-1 2' 19' Qc 13' Tmk Qc Qlsa B-31 Qls TP-15 1.5' B-30 12.5' Qls Qc B-8 B-14 B-16 B-11 TP-37 B-8 B-15 B-10 W118 Qaf Qc 14'/10' B-5 W121 Qls Qls B-2 23' Tmk TP-13 1.5' ? TP2-27 TP2-24 2' Qls B-6 >28.5 Tmk 5' TP-12 Qls Qls TP-62 Qls Qls TP3-53 Qls TP-31 ? 3' TP-7 TP-7 Qc 2' Tkm B13 Qls B37 Qls B-34 17'/14' Qal Tkm TP2-35 TP-68 TP-63 Qls TP3-45 Qc Tk Tk TP3-47 TP3-48 Qls T-4 TP3-115 TP3-50 Qls Tk Tc TP3-49 DF 12.5 Qaf Tmk TP3-51 B-42 Qlsa Qls Qls TP-69 1' Qls Tmk TP3-52 TP3-59 Qaf TP-70 Qls Tk TP-9B TP-9A Tmk TP3-54 TP-71 TP-72 TP2-35 TP-8 B-1 Tmk Qls TP3-117 TP-36 TP-7 Qls TP2-23 B3-11 TP-11 W102 1.5' Qaf Qaf Qaf B3-8 TP2-25 TP-61 TP-5 9' Qls Qaf ? TP2-28 Qaf/Tc Tc TP3-57 TP3-19 TP2-26 BI-17 Qaf BI-16 SI-16 ? TP-14 Qc >28.5' >13' B-29 Tmk TP3-20 TP3-116 Qls B-2 TP-31 3.5 TP-1 TP-3 >28.5 B-3 Tmk W126 1.5' Qls TP-6 >41.5' TP-38 8' 3.5' Qls Qls TP3-56 2' Qls B-7 8' TP-2 B-4 Qls Qls B-41 B-39 TP-10 TP-24 Tc BI-25(P) TP2-29 Qls Qaf Qls B3-15 TP2-32 B-40 TP-22 TP3-21 BI-11 SI-11R B3-12 Qls TP3-43 TP3-46 TP3-40 Qls EP-8 Tkm Qls TP-67 TP-66 TP-65 B3-22 TP3-41 Qls TP-64 Ttu B2-2 B-3 Tkm Tkm TP-72 Qls TP3-42 TP3-44 TP3-39 BI-32 Qls SI-16 Tkm DF SI-16 P-1 Qaf Tn Tc Tmk Qls Qc Qal Ttu Tl Tn ? ? ? ? ? ? Tl Tn Qaf/Qal Tc Tc Tc BI-24 B3-18 2' Qls B-9 TP-25 B-11 BI-14 SI-14 Qaf TP3-22 ? >71.5'/10.5' >20 TP3-1 TP3-26 BI-18 B9 B-38 10'/29' Qls W127 TP-16 Tmk TP3-2 Tn TP3-3 BI-28 BI-28A BI-19 Qls Qls 1.5' TP3-9 TP3-23 BI-23 BI-13 SI-13 Qaf TP3-6 TP3-8 TP3-27 Tmk Tn TP-12 TP3-25 B-10 B-7 Qaf/Tn TP3-4 BI-20 B-14 Tl Qaf TP3-5 BI-12 TP3-11 SI-12 TP3-60 TP3-29 Tmk B3-17 TP3-7 BI-30 TP3-60 TP-13 Tl Qaf/Qc Tn BI-21(P) TP3-10 Tc BI-29 TP-17 3' Qaf B3-16 TP3-13 TP-3 0' TP-21 B-2 Tc Tc Qc 10' 1.5' BI-32 7' TP-27 W119 B-14 2' Qaf TP3-61 TP3-12 BI-31 Qaf BI-27 Qc BI-26 TP-4 Qls Tmk (WEAK) TP-10 SI-15 BI-15 TP-2 Tmk B-12 W101 0.5' TP-25 TP3-30 TP3-18 B13 Tc B-1 W122 Tl BI-22(P) Tc Qls B-11 6' B-6 TP-20 Qls Qaf Qls Tc Qaf/Qls 3' 22' Qls Qaf/Tl B3-7 TP3-31 TP-32 Qc >12' 4'/DRY B-15 (20.5) TP-13 TP-24 B-5 B-16 7'/21' Qc Ttu TP3-33 W120 Qc Qls Qal TP3-32 B-12 18' 1.5' 2' B-13 B-3 TP-28 Qc Tn TP-1 Qaf/Qls Qaf/Ttu Tc Qaf/Qls EXHIBIT A LEGAL DESCRIPTIONS FOR : Parcel B, Oak Hills South (July 26, 1993) Parcel A, San Marco (July 26, 1993) Oak Hill South Units 5, 6, and 7, Subdivision 8452 (September 29, 1999) San Marco Hills (Faria South), (September 29, 1999) Vista Del Mar, Subdivision 8448 (May 16, 2006) E X H I B I T A EXHIBIT B Plat to Accompany Legal Description for Vista Del Mar, Subdivision 8448 E X H I B I T B EXHIBIT C VISTA DEL MAR Final Open Space Management Plan (LSA, 2006) E X H I B I T C EXHIBIT D VISTA DEL MAR Water Quality/Detention Basin Monitoring and Maintenance (ENGEO, 2005) E X H I B I T D ENGEO I NCO RPO RATED TABLE OF CONTENTS Page Letter of Transmittal INTRODUCTION......................................................................................................................... 1 California Division of Safety of Dams .................................................................................... 1 Monitoring Schedule ............................................................................................................... 2 General Maintenance and Monitoring ..................................................................................... 2 Inlet and Outlet Structures................................................................................................ 3 Detention Basin Embankments ........................................................................................ 3 Vegetation......................................................................................................................... 4 Maintenance of Access Roads.......................................................................................... 4 Fencing Repair.................................................................................................................. 5 Desilting and Clearing of Basin ....................................................................................... 5 Detention Basin Liner Inspection and Monitoring........................................................... 6 Emergency Response and Scheduled Remedial Repair .......................................................... 6 SITE MONITORING AND MAINTENANCE REPORT FORM 3328.1.057.01 December 28, 2005 Revised August 31, 2006 ENGEO I NCO RPO RATED INTRODUCTION The purpose of this document is to provide a framework for the management and maintenance of the Water Quality - Detention Bond at the Vista Del Mar development. The detention basin is located adjacent to Highway 4 on the northern edge of the development. The detention basin will be used to mitigate peak flows from the surface runoff on the subject site. The height of the detention basin’s embankment places this structure within the jurisdiction of the California Division of Safety of Dams. Inlets are located on the southern, eastern and western ends of the basin, with a centrally located outlet on the northern edge of the pond. Interior slopes for the basin are planned to be up to 30 feet high with a slope gradient of 4:1 (horizontal:vertical) below the 100-year water level and 3:1 above this elevation. A 15-foot-wide bench will extend around the top of the debris basin berm. The access roadway on top of the berm is shown with an 8-inch-thick section of aggregate baserock. Slopes above the access road will be up to 40 feet high at a slope gradient of 2:1, with a midslope concrete lined drainage ditch on an 8-foot-wide bench. The outlet discharges into an existing 42-inch-diameter storm drain pipeline that extends towards Highway 4. California Division of Safety of Dams The Vista Del Mar detention basin is within the jurisdictional size as defined by the California Division of Safety of Dams. The dam’s owner will be charged an annual fee by the California Division of Safety of Dams for inspections that, as described, will usually occur on an annual basis. The dam will be observed for embankment erosion, rodent damage, seepage, spillway blockage and other signs of general deterioration or distress. Maintenance of the property owner will be the responsibility of the detention basin owner. The monitoring schedule described in the subsequent sections are designed to supplement any State of California inspections. 3328.1.057.01 December 28, 2005 Revised August 31, 2006 1 ENGEO I NCO RPO RATED Monitoring Schedule Quarterly monitoring during January, April, July and October is planned, with additional monitoring within two working days after significant storm events (i.e. one inch of rainfall in a 12-hour period). Technicians retained by the GHAD will carry out site inspections and utilize the Monitoring Report Form included at the back of this manual. Personnel and subcontractors involved in detention basin management will be trained on reading the staff gauge, proper pruning/cutting techniques, and inspection measures by the GHAD. A sample Inspection Report is included at the end of this letter. The detention basin will be monitored to confirm that it is self-draining with residence time that does not exceed the design criteria. The detention basin is designed to drain within 24 hours after a rainfall event. All inlet structures will be monitored for proper functioning. Remedial procedures for the inlets should be taken if the water level overtops an emergency spillway. Overtopping, or a drain time in excess of 24 hours, would be indicative of silt build-up or an inoperable basin outlet structure that should be maintained/repaired to prepare for subsequent storm events. Sediment accumulation measurements will monitor the rate of sedimentation quarterly in the detention basin and identify the need for removal. Some sedimentation is expected within the basin; however, removal is planned only to the extent necessary for proper basin function. General Maintenance and Monitoring Procedures for the following maintenance and monitoring items are presented in the following section: 3328.1.057.01 December 28, 2005 Revised August 31, 2006 2 ENGEO I NCO RPO RATED • Inspection and repair of inlet and outlet structures. • Stabilization and/or repair of eroded areas or failures of the embankment surrounding the Detention Basin. • Pruning/cutting of the vegetation within and surrounding the Detention Basin. • Maintenance of all access roadways. • Monitoring any perimeter fencing for public safety. • Sediment accumulation measurement and removal. • Detention basin liner inspection and monitoring. Inlet and Outlet Structures. Maintenance of inlet and outlet structures will involve the clearing of debris and repair of the trash rack structure, as required to allow passage of storm flows. The inlet and outlet structures should be observed during or immediately after large storm events to avoid prolonged blockage. Any observed damage or apparent inoperability of the structures will be reported to the GHAD Manager immediately. In the event that the primary detention basin outlet is rendered inoperable during a major storm event, the emergency overflow spillway should be allowed to operate as designed to pass the storm flows. Emergency maintenance of the inoperable outlet structure should be undertaken at such time, and with the equipment, that the GHAD Manager deems appropriate. Detention Basin Embankments. Maintenance shall involve observation of the detention basin embankment. The detention basin slopes should be inspected for obvious signs of vertical and/or horizontal displacements. All embankment sides should be free of erosion, rills, slumps or landslides. Any observed slope displacement should be reported to GHAD Manager 3328.1.057.01 December 28, 2005 Revised August 31, 2006 3 ENGEO I NCO RPO RATED immediately. Any irrigation systems are to be monitored for proper function. Leaking or malfunctioning irrigation systems will be repaired within two days of inspection. Vegetation. Vegetation that does not preclude the proper functioning of the Detention Basin should be allowed on the floor of the basin to aid in the trapping of sediment. Although vegetative growth is generally encouraged, excess vegetation (defined as shrub and tree growth in excess of 5 feet in height) must be removed from the basin floor by pruning. Herbicides will not be used in the basin unless absolutely necessary. Such use shall be governed by all applicable rules and regulations. Vegetation removal will be accomplished by pruning with hand labor, unless aggressive, non-native species become pervasive, in which case other methods of removal can be initiated at the discretion of the GHAD Manager. Activities will involve only the cutting and removing of vegetation above the ground, e.g. mowing, rotary cutting, and chainsawing, where the activity neither substantially disturbs the root system nor involves mechanized pushing, dragging, or other similar activities. No heavy equipment will be used within the detention basin for routine vegetation control. The pruning debris will be removed from the basin in burlap or canvas bundles and trucked to an authorized dumpsite reviewed and approved by the GHAD Manager. Vegetation removed or destroyed during maintenance will be allowed to re-establish naturally without replanting. Maintenance of Access Roads. Maintenance of access roads and top of berm bench, as shown on the improvement plans, will involve repair of excessive bumps, cracks and depressions such that maintenance vehicles can easily navigate the roads. The roadways will be inspected on a semi-annual basis and repaired as needed. Any damage to or failures of the embankments near the road will be reported to the GHAD Manager immediately. 3328.1.057.01 December 28, 2005 Revised August 31, 2006 4 ENGEO I NCO RPO RATED Fencing Repair. Maintenance of fencing involves repair of all gaps, tears, sags and breaks such that public safety is provided. All perimeter fencing will be monitored quarterly and maintained in good condition without breaks or damage. Desilting and Clearing of Basin. Detention basin floors must be regularly cleared of excess sediment and excess vegetation to enable proper flow characteristics. Failure to do so can create flood hazards. The floor of the detention basin should be monitored on a semi-annual basis. If sediment in excess of 18 inches or 10 percent of the storage capacity, whichever is greater, has accumulated above design grades, the sediment should be removed. Sediment accumulation will be measured with installed staff gauges. If vegetation in excess of 5 feet in height is present, it will require removal as described in the Vegetation section. Vegetation accumulation will be measured with a tape measure in at least four locations within the basin floor. Prior to sediment removal or vegetation pruning, the procedure should be reviewed and authorized by the GHAD Manager. If sediment in excess of 18 inches or 10 percent of the storage capacity, whichever is greater, has accumulated above design grades, sediment removal shall be undertaken before the next winter season. The dry season is the preferred time of year for sediment removal. Sediment removal for routine maintenance will be with small mechanized equipment, hand labor and wheelbarrows as much as possible subject to compliance with regulatory agency requirements. Emergency repairs may require use of larger equipment including, but not limited to, excavators. Sediment will be removed in small sections, with as little disturbance to existing vegetation as possible. No heavy equipment will be used within the detention basin without permission from the GHAD Manager. The sediment should be disposed of in a legal manner. In general, due to the steepness of the site, limited areas will be available to place the material from the detention basin on open space areas 3328.1.057.01 December 28, 2005 Revised August 31, 2006 5 ENGEO I NCO RPO RATED of the parcel and any proposed disposal areas should be reviewed by the GHAD Manager in consultation with a qualified biologist as necessary. The sediment will not be placed within 20 feet of a creek or drainage. The sediment will not be placed on sloping ground, or any area of sensitive wildlife habitat. After spreading, the sediment will be hand seeded and covered with straw mulch. Detention Basin Liner Inspection and Monitoring. Monitoring of the detention basin liner shall involve visual inspection of the detention basin containment area and piezometer measurement if installed. The detention basin catchment area should be inspected for obvious signs of vertical and/or horizontal displacements. The base of the detention basin should be free of erosion, rills, slumps or landslides that significantly penetrate the basin liner. If clayey materials are used for the liner, it may be necessary to recompact these materials if they have been disrupted. Any observed displacement should be reported to the GHAD Manager immediately. Emergency Response and Scheduled Remedial Repair Emergency response and scheduled repair expenditures are to be prioritized at the discretion of the GHAD Manager based upon available funds and the approved operating budget. When available funds are not sufficient to undertake all of the identified remedial and preventive stabilization measures, the expenditures are to be prioritized as follows in descending order of priority: A. Prevention, mitigation, abatement or control of hazards that have either damaged or pose a significant threat of damage to the detention basin embankments or spillway. B. Prevention, mitigation, abatement or control of hazards which have either damaged or pose a significant threat of damage to ancillary structures, including but not limited to the inlet and outlet pipes. 3328.1.057.01 December 28, 2005 Revised August 31, 2006 6 ENGEO I NCO RPO RATED C. Prevention, mitigation, abatement or control of geologic hazards which have either damaged or pose a significant threat of damage to the detention basin. The techniques which may be employed by the Leona Quarry GHAD to prevent, mitigate, abate, or control hazards include, but are not limited to, the following. 1. Repair, maintenance or replacement of inlet or outlet control valves and structures. 2. Stabilization (either partial or total) of levee embankments by removal and replacement with compacted, drained fill. 3. Construction of erosion control measures. Whenever feasible, bioengineering techniques will be utilized and are preferred over hard armor. 4. Placement of subsurface drainage devices (e.g. underdrains, or horizontal drilled drains). 5. Slope correction (e.g. gradient change, slope trimming or contouring). 6. Construction of additional surface ditches and/or detention basin, sediment traps, or backfill of eroded channels. 3328.1.057.01 December 28, 2005 Revised August 31, 2006 7 ENGEO I NCO RPO RATED MONITORING REPORT Vista Del Mar Pittsburg, California WATER QUALITY – DETENTION BASIN OPERATIONS AND MAINTENANCE SITE MONITORING AND MAINTENANCE REPORT FORM (TO BE COMPLETED QUARTERLY IN JANUARY, APRIL, JULY AND OCTOBER AND AS NECESSARY DURING HEAVY RAINFALL) Inspector: ________________________________ Date: _____________________________ Weather Conditions: ___________________________________________________________ Days since last rainfall: _____________ Dry season? _____ Wet season? _______ Basin Water Level: ___________ Sediment Accumulated since Last Monitoring Event _______ MONITORED CONTROL 1. Are inlet and outlet structures functioning properly, allowing the basin to drain and are they in satisfactory condition? 2. Are access roads in satisfactory condition? 3. Is all perimeter fencing in good condition without breaks, gaps or damage? 4. Have the debris racks been cleaned and are they in good condition? 5. Are embankments surrounding the basin in good condition without rills or failures? YES 3328.1.057.01 December 28, 2005 Revised August 31, 2006 NO N/A COMMENTS/ SUGGESTED MAINTENANCE ENGEO I NCO RPO RATED MONITORING REPORT Vista Del Mar Pittsburg, California MONITORED CONTROL 6. Is the vegetation less than 5 feet in height? 7. Are embankment slopes protected with mulch or vegetation? 8. Has sediment removal been undertaken in the last 3 months? 9. Is there evidence of chemical sheen or odor, contaminated runoff, litter or blowing debris in or near the basin? 10. Do any basin devices require maintenance to provide more effective function? 11. Are there signs of leaking irrigation systems? 12. Are there any signs of vandalism? 13. Are mosquitoes evident? 14. Has mosquito abatement been undertaken since the last monitoring event? YES 3328.1.057.01 December 28, 2005 Revised August 31, 2006 NO N/A COMMENTS/ SUGGESTED MAINTENANCE ENGEO I NCO RPO RATED MONITORING REPORT Vista Del Mar Pittsburg, California MONITORED YES NO N/A COMMENTS/ SUGGESTED MAINTENANCE CONTROL 15. Are there remedial/repair tasks that should be undertaken in the near future? 16. Is there evidence or information received in the last 3 months to indicate a lengthy drain time? “No” answers to Items 1-7 or “Yes” answers to Items 8-16 require a corrective action noted on Page 3. 3328.1.057.01 December 28, 2005 Revised August 31, 2006 ENGEO I NCO RPO RATED WATER QUALITY - BASIN OPERATIONS AND MAINTENANCE SITE MONITORING AND MAINTENANCE REPORT FORM CORRECTIVE ACTIONS UNDERTAKEN (If none required, enter date and “none”) DATE 3328.1.057.01 December 28, 2005 Revised August 31, 2006 DEFICIENCY NOTED CORRECTIVE ACTION ENGEO I NCO RPO RATED WATER QUALITY - BASIN OPERATIONS AND MAINTENANCE SITE MONITORING AND MAINTENANCE REPORT FORM (CONTINUED) CORRECTIVE ACTIONS UNDERTAKEN (If none required, enter date and “none”) DATE 3328.1.057.01 December 28, 2005 Revised August 31, 2006 DEFICIENCY NOTED CORRECTIVE ACTION EXHIBIT E VISTA DEL MAR Geology E X H I B I T E Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 REGIONAL GEOLOGY AND GEOLOGIC MAPS Regional Geology and Geologic Maps The site is located within the Coast Ranges geologic province of California, a series of northwest-trending ridges and valleys. Bedrock in the province has been folded and faulted during regional uplift beginning in the Pliocene period, approximately 4 million years before present. Regional geologic maps were reviewed as part of the Berlogar Geotechnical Consultants Design-Level Geotechnical Investigation of the Vista Del Mar site. Along with others, regional geologic maps of the area have been prepared recently by Graymer (1994). In general, the regional mapping prepared by Graymer indicates that the northern portion of the site is underlain by recent alluvium. Mapped bedrock at the site, from north to south, consists of the Tulare Formation (Pliocene), Neroly Sandstone (Miocene), Cierbo Sandstone (Miocene), Markley Formation (Eocene). Generalized descriptions of the bedrock formations adapted from Graymer are provided below. Regional mapping shows that bedrock units are trending in a general eastwest direction and dipping to the north in the area of the site. Formation Age Tulare (Tehema) Pliocene Neroly Sandstone Miocene Cierbo Sandstone Markley (Lower member) Miocene Eocene Description Poorly consolidated, non-marine siltstone sandstone and conglomerate. Blue volcanic rich, cross bedded sandstone and conglomerate and includes tuffs. Blue volcanic-rich sandstone with abundant marine fossils. Thinly bedded to massive sandstone with minor siltstone and mudstone. The site is not located within a State of California Earthquake Fault Zone for active faults (CDMG, 1982). The nearest mapped active fault is the Greenville fault located approximately 2 miles southwest of the site. Berlogar Geotechnical Consultants state that they did not find evidence of active or potentially active faults on the site. Site Geology The geologic units mapped on the site include bedrock and surficial deposits consisting of artificial fill, alluvium, colluvium and landslides. The geologic units described below are adapted from reports completed by Berlogar Geotechnical Consultants for the site in 1999, 2003 and 2004. In general, alluvial deposits are located on the lower-lying areas in the central and northern portions of the site. Artificial fill has been placed in some of these lower alluvial-filled swales. Thicker deposits of colluvium are located in swale areas where it has not been disturbed by previous grading or quarrying activities. On the higher portions of the site, the colluvium tends to E-1 Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 be a thinner mantle on the bedrock materials. Landslides, ranging from relatively shallow to deep are located on the western and southern portions of the site. Geologic Units Artificial Fill Artificial fill encountered on the site appears to be related to the previous quarrying operations, site improvements and grading related to the adjacent parcel and ranges between a few feet to 20 feet in thickness. The fill materials were described as silty clay with lesser amounts of sand, gravel and rock fragments. Household and construction debris were observed within some of the fills on the northern portion of the site. It is our understanding that the limits of existing unengineered fill in valley areas on the northern portion of the site were identified during grading. Based on conversations with BGC personnel, the unsuitable materials were removed and hauled off site and that compressible, but un-contaminated soils were removed and re-compacted under the observation of BGC. Landslides Landslide deposits consist of masses of unconsolidated material and/or bedrock that have moved downslope by sliding, falling, or flowing. Landslides ranging in size from very small to relatively large occur along the western and southern portions of the site. The landslides include debris flows, shallow slumps and gullying, large predominantly rotational slumps, and translational slides. Colluvium Mantling the bedrock and filling swales at the southern and western ends of the site are colluvial deposits. These sediments are derived from weathering of the underlying bedrock and consist mostly of a silty clay matrix with sand and rock fragments. This material generally is moderately expansive and has low strength. Where colluvium is located on sloping ground, it may be characteristically unstable. Within swales, the colluvial deposits tend to be relatively thicker and may be subject to flow or slip downslope. Alluvium Alluvium on the site, up to 20 feet in thickness, is composed of silty clay with lesser amounts of clayey silt and sand. The alluvium is stiff to very stiff and has a high expansion potential. Bedrock Bedrock at and north of the site was identified during subsurface explorations by BGC as claystone, siltstone, sandstone conglomerate and tuff. The bedrock was described from samples recovered from the exploratory borings and observations of the exploratory test pit logs as highly weathered and friable to moderately strong. In general, bedding was described as striking to the east west and dipping to the north. Bedrock at the site was identified as the following, as adapted from BGC. The formation names used by Graymer are shown in parentheses. E-2 Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL Formation Materials Color Tehama Formation (Tulare Formation) Claystone, siltstone, sandstone and conglomerate Lawlor tuff (Included with the Neroly Formation) Volcanic fragments White Sandstone Light brown to blue-gray Neroly Formation Sandstone with minor beds of siltstone and conglomerate Claystone, Kreyenhagen formation siltstone and and Markely Sandstone sandstone Miocene Marine Sandstone (Cierbo Formation) Tan Gray Brown to Gray Strength Friable to Weak Friable Moderately strong to very strong 2705.000.000 January 4, 2016 Comments Thinly to thickly bedded. May be difficult to excavate with a backhoe or excavator. May be difficult to excavate with a backhoe or excavator. Strong Areas may be difficult to excavate with a backhoe or excavator. Friable to Moderately Strong Areas may be difficult to excavate with a backhoe or excavator. Groundwater At the time of subsurface work, groundwater was encountered near the surface in a number of exploratory borings and test pits. Areas of phreatophytes were mapped by BGC in a number of areas along the southeastern drainage channel. Fluctuations in groundwater levels may occur seasonally and over a period of years because of precipitation, changes in drainage patterns, irrigation and other factors. Future irrigation may cause an overall rise in groundwater levels. Seismic Sources The nearest State of California-zoned, active2 fault is the Greenville fault located about 2 miles south of the site. In addition, the Concord-Green Valley fault is located approximately 5 miles west of the site and the Great Valley fault is located approximately 9 miles east of the Vista Del Mar site. While the probability of ground rupture is considered low, as described in the BGC report, there is a high probability that the site and any improvements will be subject to strong ground shaking during the lifetime of the project. Berlogar Geotechnical Consultants state that they did not find evidence of active or potentially active faults on the site. 2 An active fault is defined by the State Mining and Geology Board as one that has had surface displacement within Holocene time (about the last 10,000 years) (Hart, 1994). The State of California has prepared maps designating zones for special studies that contain these active earthquake faults. E-3 EXHIBIT F SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II Vista Del Mar Funding and Acceptance E X H I B I T F Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 FUNDING AND ACCEPTANCE OF RESPONSIBILITY BY THE DISTRICT An annual assessment is already being levied for residences in the Southwest Pittsburg GHAD II under the provisions of the existing Plans of Controls and Engineer’s Reports. Financial data is updated annually through the budget process wherein the GHAD II approves an expenditure plan that originated with the various Engineers’ Reports approved for the District. 1. Activation of Assessment Ultimately, an annual assessment shall be levied on all annexed residential or nonresidential parcels with habitable building areas (e.g. commercial and school sites) within the Vista Del Mar development. For Final maps filed on or before December 31, the assessment shall be levied by the GHAD on each individual parcel beginning the first fiscal year following recording of a Final map. For Final maps filed on or between January 1 and June 30 the assessment shall be levied by the GHAD on each individual parcel beginning the fiscal year starting in the calendar year following recordation of the Final map. GHAD II contracts annually with a consultant to provide an updated assessment roll to the County and provides it to the County prior to the County deadline in mid-August of each year. The GHAD II can at this time increase assessments consistent with inflation if it desires to. 2. Initial Developer Contributions As reported, the existing Southwest Pittsburg GHAD II has accumulated reserves from the collection of assessments from properties within the GHAD in excess of expenses. The annexation of the Vista Del Mar Property into the Southwest Pittsburg GHAD II will require a contribution to equitability match the existing cash reserve. The developer of the Vista Del Mar development contributed to the Southwest Pittsburg GHAD II an amount equal to 25 percent of the total cumulative reserve amount at the time the annexation resolution is adopted by the Board of Directors. The reserve amount will include cash and receivables from the Contra Costa County Tax Collector. These funds shall be provided to the Southwest Pittsburg GHAD II prior to acceptance of the monitoring and maintenance responsibilities within the Vista Del Mar development. Funds collected from the levy of assessments while the developer of the Vista Del Mar site performs monitoring and maintenance activities may be applied to meet the required funding amount. 3. Ownership of the Open Space Ownership of selected parcels have been transferred to the GHAD II as shown on Figure 1. Ownership of the remaining open space parcels will pass from the owner/developers to the District on, or approximately on, the date the District commences its activities and becomes responsible for oversight of the actual physical maintenance of the open space as provided in this section. F-1 Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 4. Responsibility for GHAD Activities The party that, on the date each Final Map within the boundaries of the annexed portion of the GHAD is approved by the City of Pittsburg, owns the developable parcels shown on that Final Map shall have the responsibility to perform all the activities of the GHAD on property within that Final Map. Such responsibility shall automatically transfer to the GHAD at 9:00 a.m. on the day exactly three years after the first residential building permit is issued by the City, provided that the items listed under item No. 5 in this section have been completed. This turn-over date may be extended at the sole discretion of the project developer provided that the assessments shall continue to be levied during the extension period and that notice of such extension is delivered to the GHAD Manager at least 30 days prior to the turn-over date. The petitioners for formation of the GHAD intend that the approximately three-year period between the levying of the GHAD assessment and the GHAD becoming responsible to perform activities on property within each Final Map will allow the District to accumulate reserve funds without incurring significant expenses. 5. Process for Transferring Responsibility for GHAD Activities After the Transfer Eligibility Date for parcel(s), the process for transferring responsibility for performing GHAD activities on such parcel(s) shall be as follows: (a) In the calendar year of the Transfer Eligibility Date or in any subsequent year, at its discretion, the developer may apply to the GHAD ("Transfer Application") to transfer the responsibility for performing GHAD Activities for parcel(s) to the District. (b) Within 45 days of receiving such notice, a representative of the GHAD shall verify that all the facilities for which the GHAD will have maintenance responsibility have been constructed and maintained according to the City-approved plans and specifications for the individual improvements, and that such facilities are operational and in good working order. (c) Within 15 days of such inspection, the GHAD will send the developer a list ("Punch list") of all of the items that need to be constructed, repaired or otherwise modified in order to comply with the County-approved plans and specifications. (d) The developer may notify the GHAD when it has completed the items identified on the Punch list. (e) Within 30 days of receipt of such notice, the GHAD shall verify that all Punch list items have been completed and notify the developer that the District accepts responsibility for performing all future GHAD Activities on the parcel(s). As part of the transfer activities, the developer of parcel(s) to be transferred will provide the GHAD, for their use, copies of the applicable geotechnical exploration reports, grading plans, corrective grading plans, improvement plans, field-verified geologic maps, as-built subdrain plans or other pertinent documents as requested by the GHAD . F-2 EXHIBIT G SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II Vista Del Mar Development Right of Entry E X H I B I T G Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) REVISED PLAN OF CONTROL 2705.000.000 January 4, 2016 District officers, employees, consultants, contractors, agents, and representatives including United States Fish and Wildlife Service employee’s shall have the right to enter upon all lands within the District boundary, as shown on Exhibit B, for the purpose of performing the activities described in the Revised Southwest Pittsburg GHAD II Plan of Control. Such activities include, but are not limited to: (1) the inspection, maintenance and monitoring of site improvements including sedimentation basins, maintenance roads, deflection walls, drainage ditches, storm drains, outfalls and pipelines; (2) the monitoring, maintenance and repair of slopes, including repaired or partially repaired landslides; (3) the management of erosion and geologic hazards; and (4) habitat management within the open space areas shown on Exhibit B. Should the District need to access private residential lots to fulfill its duties under the Plan of Control, the District shall provide the affected landowner and/or resident with 72 hours advanced notice unless, in the reasonable judgment of the District, an emergency situation exists which makes immediate access necessary to protect the public health and safety, in which case no advanced notice is required, but the District shall inform the landowner and/or resident as soon as reasonably possible. The foregoing right-of-entry and indemnity provision shall be recorded in the chain of title for all residential parcels and common area lots, and it shall be included in all Covenants, Conditions and Restrictions (CC&Rs) and homebuyer disclosure statements prepared for parcels within the District boundary. G-1 EXHIBIT H Addendum to Engineer’s Report Toscana at San Marco E X H I B I T H OPEN SPACE PRESERVE LONG TERM MANAGEMENT PLAN SAN MARCO DEVELOPMENT PITTSBURG, CONTRA COSTA COUNTY, CA West Coast Home Builders, Inc 4021 Port Chicago Highway Concord, CA 94520 February 2010 TABLE OF CONTENTS Page 1. 0 INTRODUCTION .............................................................................................................. - 1 1.1 Setting & Project History ....................................................................................... - 1 1.1.1 1.2 Surrounding Land Use ............................................................................ - 2 - Plan Goal ................................................................................................................ - 2 - 2. 0 PRESERVE PERSONNEL ................................................................................................ - 3 2.1 Preserve Manager................................................................................................... - 3 2.1.1 Preserve Manager Responsibilities ......................................................... - 3 - 2.2 Use of Qualified Personnel/Monitoring Biologist ................................................. - 3 - 3. 0 LONG TERM MANAGEMENT OF THE PRESERVE.................................................... - 4 3.1 Adaptive Management ........................................................................................... - 4 - 3.2 Preserve Management Activities and Guidelines .................................................. - 4 3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 3.2.6 Authorized Access .................................................................................. - 4 Non-native Plant Species Management .................................................. - 4 Created Wetland Maintenance ................................................................ - 5 Mosquitoes .............................................................................................. - 6 Homeowner Liaison ................................................................................ - 6 Trash Removal ........................................................................................ - 6 - 4. 0 LONG TERM MAINTENANCE OF STRUCTURES AND IMPROVEMENTS ............ - 7 4.1 Fencing, Signage, and Gates .................................................................................. - 7 4.1.1 4.1.2 Fencing and Signage ............................................................................... - 7 Gates ....................................................................................................... - 7 - 4.2 Utility Lines, Geologic Hazard Abatement ........................................................... - 7 4.3 Fire Breaks ............................................................................................................. - 8 5. 0 PROHIBITED ACTIVITIES WITHIN THE PRESERVE ................................................ - 9 6. 0 REMEDIATION/RESTORATION ACTIVITIES ........................................................... - 10 6.1 Restoration of Preserve Vandalism ...................................................................... - 10 - 6.2 Timing/Process for Corrective Actions ............................................................... - 10 -i- San Marco- Open Space Preserve Long Term Management Plan 7. 0 PRESERVE INSPECTIONS AND REPORTING ........................................................... - 11 7.1 Schedule ............................................................................................................... - 11 - General Inspections ....................................................................................................... - 11 7.1.1 7.1.2 7.1.3 7.1.4 7.1.5 Erosion .................................................................................................. - 12 Fire Hazard Reduction .......................................................................... - 12 Fencing and Signage ............................................................................. - 12 Trash Accumulation .............................................................................. - 12 Unauthorized Motor Vehicle Use ......................................................... - 12 - 7.2 Biological Inspections .......................................................................................... - 12 7.2.1 7.2.2 7.2.3 Habitat Function.................................................................................... - 13 Newly Introduced Non-Native Plant Species ....................................... - 13 Preserve Function.................................................................................. - 13 - 7.3 Annual Reporting Requirements.......................................................................... - 13 8. 0 PRESERVE OWNERSHIP AND FUNDING MECHANISM .............................................14 8.1 Preserve Owner .........................................................................................................14 8.2 Funding Mechanism .................................................................................................14 8.2.1 Conservation Easement Funding ...............................................................14 9. 0 REFERENCES ................................................................................................................. - 15 10. 0 ATTACHMENTS ........................................................................................................... - 16 - -ii- San Marco- Open Space Preserve Long Term Management Plan 1.0 INTRODUCTION This Long-Term Management Plan (“Plan”) addresses long-term maintenance and adaptive management for the approximately 12.5-acre San Marco open space and mitigation area (“Preserve”) at the San Marco residential development project (“Project”) in Pittsburg, California. 1.1 Setting & Project History The Project is located within the City of Pittsburg ("City") in Contra Costa County, California (Figures 1 & 2). The Project area consists of approximately 617 acres of a master planned community consisting of 2,938 residential housing units with over 20 acres of parks and open space pathways and trails. The Project area, including areas directly adjacent to the Preserve, primarily consists of hilly topography vegetated by nonnative annual grassland historically used for livestock grazing. Prior to construction the Project site contained approximately 2.85 acres of jurisdictional waters and wetlands (1.56 acres of seasonal wetlands and 1.29 acres of ephemeral drainage) delineated as waters of the United States pursuant to Department of the Army Permit No. 19301S; Regional Water Quality Control Board Resolution No. 97-90, 2118.03 MYM; and California Fish and Game Streambed Alteration Agreement #R3-0084-97. These permits are collectively referred to herein as the “Resource Agency Permits.” Together, the Corps, Service and Regional Board are referred to herein as the "Resource Agencies." The Resource Agency Permits require the establishment of a long-term management plan for the Preserve, and the recordation of Conservation Easements over the Preserve protecting them from further development and establishing them as wildlife habitat in perpetuity. This Plan is being provided to fulfill those requirements. The mitigation activities are described in detail in the approved Revised Wetlands and Water Mitigation and Monitoring Plan, San Marco Development (Mosaic, January 19 2005). The on-site mitigation required included: (1) 2.53 acres of stream channel (approximately 20 feet wide) and banks (approximately 15 feet wide, both banks) of which 1.1 acres of channel bottom were to function as seasonal wetland and 1.43 acres were to function as channel bank riparian habitat. (2) 1.2 acres of overbank seasonal wetland adjacent to the upstream reaches of the channel (3) 2.0 acres of emergent herbaceous marsh (Lower Basin); and (4) 0.1 acre of associated willow riparian habitat surrounding the Lower Basin. The Preserve consists of four main features the Upper Basin, Middle Basin, Babbling Brook and Lower Basin including the riparian habitat surrounding each feature. The construction and planting of the mitigation features was completed in 2005. Together the features provide a total wetland and riparian habitat of 9.75 acres which is comprised of 3.43 acres of riparian habitat, 3.10 acres of seasonal wetland, and 3.22 acres of freshwater marsh. The created features are shown on Figure 3 – Mitigation Features. -1- San Marco- Open Space Preserve Long Term Management Plan February 2010 The Preserve will be protected in perpetuity by conservation easements placed in accordance with Section 815 et seq. of the California Civil Code (“Conservation Easements”). 1.1.1 Surrounding Land Use The site is bordered on its eastern boundary by residential development along Leland Road. The southern boundary is bordered by the private land currently subject to grazing activities, but general planned for residential uses. The northern boundary is Highway 4. The western boundary is Avila Road and private land currently being utilized for construction yards and storage and cellular site, but general planned residential. 1.2 Plan Goal The goal of this Plan is to ensure that created wetland and riparian habitats existing within the Preserve, in accordance with the Mitigation Plan, are maintained in perpetuity. In order to realize the Plan Goal, the Plan provides the following: 1. Guidelines for the management of the created seasonal wetland and riparian habitat; 2. Provide a framework for implementing an adaptive management program, including reporting requirements to the Resource Agencies, to manage the site for the benefit of wildlife; and 3. Provide a program to maintain habitat values. It should be noted that while it is the intent of this Plan to comply with the Resource Agency Permits, if any discrepancies between this Plan and the Resource Agency Permits exist, the Resource Agency Permits override the Plan stipulations unless approved by the Agencies with jurisdiction. -2- San Marco- Open Space Preserve Long Term Management Plan February 2010 2.0 PRESERVE PERSONNEL The Preserve Manager (defined below) is the primary entity responsible for overseeing, monitoring and coordinating maintenance of the Preserve in accordance with this Plan. 2.1 Preserve Manager The Preserve Manager will be the Southwest Pittsburg Geologic Hazard Abatement District II (GHAD). The Preserve Manager will maintain the Preserve in accordance with the Conservation Easements, the Resource Agency Permits, and the Plan. Funding for the perpetual management and maintenance of the Preserve will be provided through assessments paid by parcels in the San Marco development to the GHAD. 2.1.1 Preserve Manager Responsibilities The Preserve Manager’s responsibilities and duties shall include but not be limited to: Maintaining fencing and signage installed within the Preserve pursuant to the Plan. Coordinating trash removal within the Preserve. Evaluating the presence of newly introduced non-native invasive plant species within the Preserve and recommend management, if needed. Monitoring compliance and coordinating with the Resource Agencies for any remedial action needed within the Preserve. Maintaining a Log for the Preserve. This Log will contain a record of all activities, correspondence and determinations regarding the Preserve. Performing General Inspections and reporting of the Preserve pursuant to this Plan. Performing an annual Biological Inspection and reporting pursuant to this Plan. Arranging for any corrective action necessary to ensure the performance of the habitat at the Preserve in accordance with this Plan. 2.2 Use of Qualified Personnel/Monitoring Biologist As necessary, the Preserve Manager shall retain professional biologist, botanists or other types of specialists to conduct specialized tasks. Any professional personnel utilized to perform technical -3- San Marco- Open Space Preserve Long Term Management Plan February 2010 components of this Plan shall be familiar with California flora and fauna, and shall have knowledge regarding wetland species and their ecology. 3.0 LONG TERM MANAGEMENT OF THE PRESERVE 3.1 Adaptive Management The following management strategies, approved uses, and restrictions are intended to provide a framework for the long-term management and operation of the Preserve. Before considering any management action, the Preserve Manager must consider the Plan Goal, which is to ensure that the protected wetland and upland habitats within the Preserve are maintained in good condition for the benefit of wildlife in perpetuity. Over time, the specific habitat management tasks may be revised, added, or deleted as determined appropriate by the agencies. It is anticipated that these management and monitoring tasks will be adapted to the needs of the biological resources on site, new information, and changes on the site and the surrounding environment. 3.2 Preserve Management Activities and Guidelines Notwithstanding anything to the contrary herein, the owner of the Preserve maintains the right to perform any and all activities identified as Grantor's Reserved Rights in the Perpetual Conservation Easements granted over the Preserve. In addition, the following management and maintenance activities will take place within the Preserve. 3.2.1 Authorized Access The intent of the Preserve is to maintain the habitats of these areas in perpetuity. Postconstruction access to the Preserve should be discouraged through fencing and signage. Perimeter fencing will be maintained by the GHAD. Access to the Preserve for maintenance, emergency and GHAD activities is allowed, but should be restricted wherever possible to the immediate area where such activities are required. 3.2.2 Non-native Plant Species Management The Preserve Manager will assess the presence of any newly introduced exotic pest plant species during inspections, and recommend and perform removal as needed. Three methods of removing or controlling these species are outlined in sections below. The Preserve Manager can refer to the species found on the California Invasive Plant Inventory Council (CalIPC) List A, List B, and Red Alert List to assist them in determining if a plant is an exotic plant species of concern, and which species should be given priority for management. This list is updated from time to time by CalIPC. The most current list should be obtained from the CalIPC website at http://www.calipc.org/. -4- San Marco- Open Space Preserve Long Term Management Plan February 2010 3.2.2.1 Hand/Mechanical Removal Hand removal or use of small hand powered or handheld equipment (such as a Weed Wrench or a chainsaw) should always be the preferred method of removing exotic pest plant species from the Preserve. If hand removal methods are tried and found to be ineffective, or the problem is too widespread for hand removal to be practical, then biological controls as described below can be implemented. The Preserve Manager does not need to notify the Agencies if removal will be done by hand or hand held equipment. The Agencies will be notified if large equipment other than a mower is used. 3.2.2.2 Use of Herbicides for Non-Native/Exotic Pest Plant Management If the use of herbicides is necessary, they should be used in conjunction with physical and/or mechanical or other non-chemical based methods. This approach is intended to reduce the use of herbicides in the long term and to insure that the lowest possible risk chemicals are utilized. All herbicides used will be EPA-labeled herbicides that will avoid harm or loss of wetland vegetation and wildlife. In order to limit or avoid impacts to non target plants, spot treatments should be employed. All applicable laws, regulations, and safety precautions must be followed if chemical weed controls are used. 3.2.3 Created Wetland Maintenance Annual site checks will be performed to ensure the created wetlands are functioning properly and free of any potential issues that may compromise its integrity in the future. This includes but is not limited to, assuring that the inlet and outlet features are kept free of any debris or sediment accumulation obstructing the structures, and will address visible erosion of the outlet barrier or slope. -5- San Marco- Open Space Preserve Long Term Management Plan February 2010 3.2.3.1 Sediment Removal Sediment may accumulate in limited quantities in the created wetlands. The Preserve Manager will be responsible for removing sediment if sufficient accumulation exists to reduce pond capacity in a manner that impacts the habitat quality of the pond. If removal of accumulated sediments is deemed necessary to maintain sufficient pond depth and duration, only half of the sediments would be removed in any one year so as to maintain suitable habitat for pond invertebrates that provide food for wildlife. Sediment removal will be limited to the months of July to October. A biologist will conduct a pre-construction survey in the area to be impacted by the sediment maintenance activities to ensure that federally threatened and endangered species are not present. A biologist will also be present during sediment removal. Any necessary regulatory agency permits will be obtained prior to sediment removal. 3.2.3.2 Erosion Control In order to function properly, the Preserve Manager will be responsible for assuring that the outlet barrier for the wetlands and the banks do not erode. Erosion control measures should be utilized if any signs of erosion are found at the outlet barrier or pond banks. 3.2.4 Mosquitoes Access is currently provided for the Contra Costa Mosquito & Vector Control District (“District”). The Preserve Manager will be responsible for coordinating with the District so that any control measures instituted by the District to control mosquitoes or other disease vectors is performed in a manner that does not adversely effect the suitability of the wetlands for wildlife. 3.2.5 Homeowner Liaison The Preserve Manager will be responsible for informing residents whose property adjoins the Preserve if actions taken or conditions on adjoining properties are degrading the habitat value of the conservation lands subject to the Conservation Easement. 3.2.6 Trash Removal The Preserve Manager will remove accumulations of trash and other unwanted debris from the Preserve periodically. -6- San Marco- Open Space Preserve Long Term Management Plan February 2010 4.0 LONG TERM MAINTENANCE OF STRUCTURES AND IMPROVEMENTS The following paragraphs outline the allowed maintenance of structures and improvements present within the Preserve. 4.1 Fencing, Signage, and Gates 4.1.1 Fencing and Signage The Preserve is fenced adjacent to the development area, and on the perimeter with neighboring properties. The storm water detention basins and created wetland areas are also currently fenced with chain link fence and 5 strand barbed wire and/or a combination of both in areas necessary to permanently exclude cattle. Pursuant to requirements in the Resource Agency Permits, the fencing is sufficient to prevent the passage of people, pets, and livestock. All fencing is a combination of conventional multi-strand barbed-wire, chain link or other materials to achieve desired management goals. Signage is installed along the fence in order to designate the area’s protected status. The Preserve Manager will be responsible for the maintenance and replacement of fencing, gates and signage. 4.1.2 Gates Preserve Manager will be responsible for the maintenance of all existing and new gates into the Preserve. Gates are required to allow authorized access for management activities. Gates are currently installed in several locations including but not limited to following areas: at the entry to the Upper Basin, at the entry to the Middle Basin, and at the entry to the Lower Basin. 4.2 Utility Lines, Geologic Hazard Abatement Underground water, electrical, telephone, storm drain, culverts, roadway retaining walls, remedial (corrective) grading and all other utilities currently installed as part of the existing residential development or that will be installed as part of the construction of future phases of the project may require access to the Preserve. Within the Preserve, the Permittee or its assigns may perform maintenance and replacement of utility lines required in the future in a manner it deems most economically practicable, but such activities will be carried out in a manner that is not unnecessarily damaging to the Preserve. Unless warranted by emergency, any such repairs will be completed during the dry season, months of July through October. Geologic hazard abatement inspections and preventative or remedial activities may be performed from time to time within the Preserve to the extent deemed necessary by the Permittee or its assigns, including the GHAD, to protect any and all improvements associated with the San Marco residential development as identified in the Resource Agency Permits. The Permittee, its assigns, including the GHAD, may carry out preventative or remedial hazard abatement activities within the Preserve in the manner deemed most economically practicable by the Permittee, its assigns, including GHAD. Except for emergencies, any such activities that are carried out will be in a manner that is not unnecessarily damaging to the conservation values of the Preserve. -7- San Marco- Open Space Preserve Long Term Management Plan February 2010 4.3 Fire Breaks As required by law and consistent with the Mitigation Plan and Resource Agency Permits, vegetation may be removed by creating fire breaks adjacent to residential areas or improvements within the Preserve. The Preserve Manager will not perform these activities, but will monitor to assure consistency with the Mitigation Plan and Resource Agency Permits. -8- San Marco- Open Space Preserve Long Term Management Plan February 2010 5.0 PROHIBITED ACTIVITIES WITHIN THE PRESERVE Activities prohibited within the Preserve are those set out in the Conservation Easements covering the Preserve, subject to the Grantor's reserved rights set out in the Conservation Easements. -9- San Marco- Open Space Preserve Long Term Management Plan February 2010 6.0 REMEDIATION/RESTORATION ACTIVITIES 6.1 Restoration of Preserve Vandalism It is difficult to anticipate maintenance and repair for all forms of vandalism within the Preserve, however, the following table outlines some potential mitigation guidelines. If a particular situation is not listed here, determining an appropriate corrective action will be at the discretion of the Preserve Manager in coordination with the Resource Agencies, if necessary. Type of Disturbance Disturbance of Grassy Upland Areas Removal of Native Tree or Shrub Habitat Wetlands/Waters of the U.S. Fencing Structures, Landscaping, Other Improvements, etc. Mitigation Guideline Revegetation of grassy upland areas due to disturbance resulting in bare ground should include seeding the area with native grass seed and implementing erosion control measures until bare ground becomes vegetated again. Restoration from the deliberate removal of native trees (if any) or shrubs should result in the replacement of the habitat. This could be in the form of planting tree/shrub seeds or seedlings in an amount sufficient to ultimately result in the survival to maturity of the same number of trees or shrubs that were removed. Monitoring of the replacement plants should be done for at least one season. Restoration for fill/loss of waters of the U.S. should result in the removal of fill from the feature, potentially the minor re-grading and revegetation of the feature (if appropriate) and monitoring for at least two seasons to gauge the feature’s recovery. The Preserve Manager will contact the Corps if fill/loss of wetlands or waters of the U.S. has occurred and submit a remediation/restoration plan. Restoration for the destruction or modification of Preserve fencing should include repairing or replacing the section of fencing to its initial specifications. Any unauthorized structure, landscaping, or other improvement should be removed from the Preserve, and the Preserve restored to initial conditions. 6.2 Timing/Process for Corrective Actions Minor corrective measures (i.e. replanting, grade adjustments, etc) not requiring notification or approval of the Resource Agencies (e.g., prevention of unexpected runoff, prevention of unauthorized access to the area by placing locks on gates, etc.) will be carried out by the Preserve Manager within sixty (60) days, unless site conditions warrant delay. All other actions under this Section will take place when conditions are best suited for restoration to occur, and after the appropriate Resource Agencies have been notified or the Preserve Manager has received approval. - 10 - San Marco- Open Space Preserve Long Term Management Plan February 2010 7.0 PRESERVE INSPECTIONS AND REPORTING 7.1 Schedule The monitoring/inspections described below are long-term activities to be carried out in perpetuity. Subsequent to the Resource Agencies sign off on achievement on all success criteria, the Preserve Manager will commence its monitoring and reporting responsibilities under this section. The schedule of inspections for the Preserve is as follows: The Preserve Manager shall conduct two Biological Inspections each year, one in April or May and one in September or October. The Preserve Manager shall conduct (at minimum) two General Inspections each year, one in January and one in July. Below is a timeline for site monitoring: Mitigation Area Monitoring Type Entire Preserve including Upper Basin, Middle Basin, Babbling Brook and Lower Basin General Inspection and Report: Erosion Fire Hazard Reduction Fencing, Gates, Signage & Trash Removal Unauthorized Motor Vehicle Use Entire Preserve including Upper Basin, Middle Basin, Babbling Brook and Lower Basin Non-Native/Exotic Pest Plant Monitoring Frequency Minimum twice a year; January July Twice a year; April/May September/October General Inspections The Preserve Manager shall arrange for the General Inspections to be made to ensure the integrity of the Preserve. Inspections will concentrate on an evaluation of the following factors: erosion, introduction or spread of non-native vegetation, fire hazard reduction, fencing integrity, condition of signage, trash accumulation, and evidence of unauthorized use by motor vehicles. The entire perimeter of the Preserve should be covered, as well as meandering transects through its interior. An Inspection Sheet will be utilized in order to evaluate the above criteria during each field visit. Previous inspection sheets should be reviewed before each visit in order to determine that a possible or recurring problem area is not missed. If any problems are identified, more frequent - 11 - San Marco- Open Space Preserve Long Term Management Plan February 2010 inspections will be done in order to closely track any problems as well as to ensure that remedial actions are effective. Evaluation and corrective actions for each factor are described below: 7.1.1 Erosion If evidence of detrimental erosion is observed during general inspections, the Preserve Manager will address with standard erosion control measures BMPs (such as the installation wattles or hydroseeding). 7.1.2 Fire Hazard Reduction In addition to fire hazard abatement activities required by law, which may be performed at any time, if at any time conditions at the Preserve become a fire hazard, the Preserve Manager will work with the Resource Agencies and the local fire authorities to decide on the best method to reduce the fire risk at the Preserve. 7.1.3 Fencing and Signage The condition of the fencing and signage at the Preserve should be checked during the General Inspection. The Preserve Manager will be responsible for maintaining the fencing and signage at the Preserve. 7.1.4 Trash Accumulation The Preserve Manager will arrange for the removal of all trash from the Preserve. 7.1.5 Unauthorized Motor Vehicle Use The perimeter of the Preserve will be inspected for evidence of unauthorized motor vehicle use/access. If necessary, corrective actions such as repairing locks and gates will be taken. 7.2 Biological Inspections In managing the Preserve, measures must be taken to ensure that the existing conditions are maintained over the long term. Inspections by a qualified biologist will help ensure the long-term integrity of the wetland and riparian habitats. The Biological Inspection of the Preserve will be conducted by the Preserve Manager or professional biologist employed by the Preserve Manager pursuant to section 2.2 herein, in order to monitor wetland function, newly introduced exotic or non-native invasive plant species, and overall Preserve function. The entire perimeter of the Preserve should be covered, as well as meandering transects through its interior. The goal of these surveys is to identify any conditions that may affect the long-term suitability of the habitat. The first inspection is intended to assess the various wetland habitats during the floristic season. The second inspection will be focused on riparian and upland habitats, problem areas, and assessing the success of restoration efforts or remediation activities. Although each of these surveys has a focus, all aspects of the Preserve will be reviewed during each visit. - 12 - San Marco- Open Space Preserve Long Term Management Plan February 2010 7.2.1 Habitat Function The purpose of assessing habitat function is to ensure that the created wetlands and riparian habitats are continuing to have the appropriate hydrologic regime for that habitat type, to monitor anthropogenic influences on the different habitats, and to informally document (make a species list as meandering transects are walked) the plant and animal species that are present in the Preserve. 7.2.2 Newly Introduced Non-Native Plant Species The Preserve Manager will assess the presence of any newly introduced or increasing populations of non-native invasive plant species and recommend corrective actions as needed. Special attention will be paid to exotic pest plants. 7.2.3 Preserve Function The overall Preserve function should be assessed, taking into account the above factors and the purpose of the Preserve, which is to support the flora and fauna of the wetlands, riparian and upland areas in perpetuity. 7.3 Annual Reporting Requirements An Annual Report summarizing any relevant monitoring activities within the Preserve will be submitted to the Resource Agencies by December 31 of each year. - 13 - San Marco- Open Space Preserve Long Term Management Plan February 2010 8.0 PRESERVE OWNERSHIP AND FUNDING MECHANISM 8.1 Preserve Owner Seecon Financial & Construction Company, Inc. is the current owner in fee title of the Preserve. The entire Preserve will be preserved in perpetuity through the placement of a conservation easement over the approximately 12.5 acres. The Preserve or portions of it may be deeded to another entity, such as the Preserve Manager, which shall be responsible for complying with the terms of the Conservation Easement and this Long Term Management Plan. 8.2 Funding Mechanism 8.2.1 Conservation Easement Funding Funds for the implementation of the Plan in perpetuity will be provided for through the financing of the GHAD. A community resident will be required to pay a annual property tax assessment in order to fund the annual GHAD budget. The budget includes both annual and perpetual funding of a reserve account to assure adequate management and maintenance of the Preserve as described in the Plan. 14 San Marco- Open Space Preserve Long Term Management Plan February 2010 9.0 REFERENCES Revised Wetlands and Waters Mitigation and Monitoring Plan, Mosaic Associates, January 19 2005. - 15 - 10.0 ATTACHMENTS Attachment A: Conservation Easement Figure 1 Vicinity Map Figure 2 Vicinity Land Use Plan Figure 2 Mitigation Features - 16 - APPENDIX 1 Engineer’s Report A P P E N D I X 1 APPENDIX 2 Engineer’s Report – Vista del Mar A P P E N D I X 2 ENGINEER’S REPORT for ANNEXATION OF THE VISTA DEL MAR DEVELOPMENT INTO THE SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II PITTSBURG, CALIFORNIA September 1, 2006 Latest Revision November 22, 2006 ENGEO I NCO RPO RATED TABLE OF CONTENTS Page CERTIFICATION OF FILING .......................................................................................................1 I. INTRODUCTION ...............................................................................................................3 II. BACKGROUND .................................................................................................................3 III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES ................................3 IV. SERVICE LEVELS .............................................................................................................3 V. DESCRIPTION OF THE IMPROVEMENTS TO BE MAINTAINED BY THE GHAD..................................................................................................................4 VI. ASSESSMENT METHOD..................................................................................................4 VII. ASSESSMENT LIMIT - BUDGET ....................................................................................6 EXHIBIT A - LEGAL DESCRIPTION EXHIBIT B - GHAD BOUNDARY EXHIBIT C - SOUTHWEST PITTSBURG GHAD II BUDGET 3328.1.057.01 September 1, 2006 Latest Revision November 22, 2006 ENGEO I NCO RPO RATED ENGINEER’S REPORT GEOLOGIC HAZARD ABATEMENT DISTRICT-SOUTHWEST PITTSBURG II VISTA DEL MAR ANNEXATION (Pursuant to the Public Resources Code of the State of California, Section 26500 et seq.) CERTIFICATION OF FILING This report is presented at the direction of the GHAD Board of Directors. The GHAD is intended to provide monitoring and maintenance of improvements related to geologic hazard management within the existing Southwest Pittsburg GHAD II including the Vista Del Mar development and to levy and collect assessments in order to perform its activities. The improvements which are the subject of this report are defined as any activity necessary or incidental to the prevention, mitigation, abatement, or control of a geologic hazard, construction, maintenance, repair, or operation of improvement; or the issuance and servicing of bonds issued to finance any of the foregoing (Section 26505). This report consists of seven parts, as follows: I. INTRODUCTION II. BACKGROUND III. GEOLOGIC HAZARD ABATEMENT DISTRICT DIAGRAM IV. SERVICE LEVELS V. DESCRIPTION OF GHAD MAINTAINED IMPROVEMENTS VI. ASSESSMENT METHOD VII. ASSESSMENT LIMIT - BUDGET PROJECTION 3328.1.057.01 September 1, 2006 Latest Revision November 22, 2006 1 ENGEO I NCO RPO RATED ENGINEER’S REPORT for ANNEXATION OF THE VISTA DEL MAR DEVELOPMENT INTO THE SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II for the ESTABLISHMENT OF AN ASSESSMENT LIMIT I. INTRODUCTION The Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) was formed under the authority of the California Public Resources Code, Division 17, Section 26500 et seq. Annexation of the Vista Del Mar development into the existing Southwest Pittsburg Geologic Hazard Abatement District II was completed under the provisions of Section 26581. II. BACKGROUND The Pittsburg City Council formed the Southwest Pittsburg Geologic Hazard Abatement District II (“GHAD II” or “District”) on March 5, 2001 (Resolution No. 01-002). Annexation of the Vista Del Mar development as described in Annexation Documents dated July 28, 2006 and the establishment of an assessment level to fund the GHAD responsibilities are described in this Engineer’s Report. III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES The boundaries for the GHAD are shown in the diagram attached hereto as Exhibits A and B. The Assessor’s Parcel Numbers within the plotted area include 097-122-004, 097-160-013, 097-160-014, 097-160-015, 097-160-047, and 097-180-004. IV. SERVICE LEVELS The GHAD’s activities are those that are necessary or incidental to the prevention, mitigation, abatement, or control of geologic hazards including construction, maintenance, repair, or operation of any improvement; and the issuance and servicing of bonds issued to finance any of the foregoing. 3328.1.057.01 September 1, 2006 Latest Revision November 22, 2006 3 ENGEO I NCO RPO RATED The GHAD provides for the administration and review of facilities within the budgeted limits, including the following services: 1. Oversight of GHAD operations. 2. In conjunction with the County Assessor’s Office, setting the annual levying of assessments on the property tax rolls. 3. Engagement of technical professionals to perform the monitoring duties as described in the GHAD Plan of Control. 4. Performance of GHAD maintenance activities in accordance with the GHAD Plan of Control. These maintenance activities include: • • • • • • • Maintenance and emergency vehicle access roads. Concrete-lined drainage ditches. Storm drain pipes, inlets and outfalls within the open space area. Subdrains and subdrain outlets. Debris benches. Ponds, wetlands, drainages and habitat within the open space area. Water Quality-Detention Basin adjacent to Highway 4. 5. Slope Reconstruction. 6. Preparation of annual GHAD budgets. V. DESCRIPTION OF THE IMPROVEMENTS TO BE MAINTAINED BY THE GHAD The GHAD maintained improvements are described in the Vista Del Mar Annexation Documents dated September 1, 2006. In general, these improvements include water quality facilities; debris benches; drainage systems, including concrete v-ditches in open space and on the hillsides; open-space storm drain inlets and outlets; subdrains in open space and creek corridors; creek channels, reconstructed slopes and within the open space area; ponds, wetlands, drainages and habitat. VI. ASSESSMENT METHOD The GHAD maintained improvements described in Section V are distributed within the Vista Del Mar boundaries. Maintenance and protection of these improvements provide a special 3328.1.057.01 September 1, 2006 Latest Revision November 22, 2006 4 ENGEO I NCO RPO RATED benefit to all residential or commercial property owners within the Vista Del Mar portion of the GHAD II. There is no benefit for properties outside of the district. The Engineer hereby finds that these properties within the Vista Del Mar portion of the District receive approximately equal special benefit from the work and improvements within the GHAD. As a result, the GHAD assessment is distributed among all owners of each buildable parcel of habitable space with the exception of the school site within the Vista Del Mar portion of the Southwest Pittsburg GHAD II. Single-family residential lots will be assessed as one unit. Multi-family units are to be assessed at a lower rate as compared to the single family lots. In aggregate there is a lower risk from geologic hazards for the multi-family units as compared to the single-family units due to their site location. In addition, the higher unit count within a multi-family building and corresponding cumulative assessment amount, allow for a comparable assessment level for the multi-family and single-family units; therefore, units within multi-family buildings will be assessed at 2/3 of a unit each. With the exception of the school, non-residential buildings are assessed per square foot of habitable area. The total number of residential units and non-residential area within the District is then divided into the annual District budget to develop the annual assessment amount. A financial analysis was performed to provide a framework for an operating budget for the on-going abatement, mitigation, prevention and control of geologic hazards within the GHAD boundaries. In preparation of the budget, several factors were considered including: • Site Geology • Proposed Remedial Grading • Proximity of Geologic Hazards to Proposed Residences, Improvements or Structures • Site Access Considerations • Elements Requiring Routine Maintenance, including: 1. 2. 3. 4. 5. Surface Drainage Facilities Graded Slopes Detention Basins Bioretention and other Water Quality Facilities Trails, Fire Breaks and Fences 3328.1.057.01 September 1, 2006 Latest Revision November 22, 2006 5 ENGEO I NCO RPO RATED VII. ASSESSMENT LIMIT - BUDGET Based on the estimated expenses for on-going operations, and allowing for larger (approximately $500,000) geologic event at 10-year intervals, a budget was prepared for the purpose of estimating initial assessment levels (Exhibit C). In order to establish a reasonable reserve in the early years of the Vista Del Mar annexation to GHAD, there will be an initial deferral of GHAD expenses as described in Annexation Documents for the Vista Del Mar Development. The Engineer recommends an annual assessment limit for the Vista Del Mar development of $400 per detached single residential unit, and $266.40 per each unit within an attached multi-family building (Fiscal Year 2006/2007 dollars). The proposed initial assessment level of $400 for detached single-family units and $266.40 for each attached multi-family unit will be adjusted annually to reflect the percentage change in the San Francisco-Oakland-San Jose Consumers Price Index for All Urban Consumers as of June 2006 (642.7). The Engineer also recommends an annual assessment limit of $0.12 per square foot of habitable nonresidential space. The residential and non-residential assessments are to be levied in conjunction with the issuance of Final Map for the area containing the habitable building. The initial levy for Vista Del Mar may be set to $350 per detached single-family unit, $233.10 per attached multi-family unit and the non-residential levy at $0.10 per square foot of habitable non-residential space. The levying of the assessment will be as described in the Annexation Documents for the Vista Del Mar Development. The non-residential assessment limit will also adjust annually based on the San Francisco-Oakland-San Jose Consumer Price Index for All Urban Consumers as of June 2006 (642.7). 3328.1.057.01 September 1, 2006 Latest Revision November 22, 2006 6 ENGEO I NCO RPO RATED EXHIBIT A LEGAL DESCRIPTION 3328.1.057.01 September 1, 2006 Latest Revision November 22, 2006 ENGEO I NCO RPO RATED EXHIBIT B GHAD BOUNDARY 3328.1.057.01 September 1, 2006 Latest Revision November 22, 2006 ENGEO I NCO RPO RATED EXHIBIT C Southwest Pittsburg GHAD II Budgets for Vista Del Mar 3328.1.057.01 September 1, 2006 Latest Revision November 22, 2006 ENGEO I NCO RPO RATED EXHIBIT C Southwest Pittsburg Geologic Hazard Abatement District II Vista Del Mar Annexation Budget – September 1, 2006 (Revised November 14, 2006) ASSUMPTIONS Total No. of Single Family Residential Units Annual Assessment per Unit (current $) Total No. of Multi Family Residential Units Annual Assessment per Unit (current $) Approximate Total Habitable Non-Residential Building Area (square feet) Annual Assessment per nonresidential (square feet) Annual Adjustment in Assessment (estimated) Inflation (estimated) Investment Earnings (estimated) Frequency of Large-Scale Repair (years) Cost of Large-Scale Repair (current $) 530 $400 567 $266.40 257,400 $0.12 3.0% 3.0% 6.0% 10 $500,000 ESTIMATED ANNUAL EXPENSES IN 2006 DOLLARS Administration and Accounting Insurance - Open Space Areas and Directors and Officers Membership Dues for California Association of GHADs Annual Report and Budget Preparation Professional Services including Site Monitoring Maintenance and Operation Slope Stabilization and Erosion Protection Detention Basin and Storm Drain Maintenance Major Repair (Annualized) Open Space Management Plan Conservation Easement – Biological Elements Miscellaneous & Contingency (10%) TOTAL $32,000 $12,000 $650 $4,000 $15,500 $51,000 $60,000 $59,550 $50,000 $65,485 $35,019 $385,204 3328.1.057.01 September 1, 2006 Latest Revision November 22, 2006 ENGEO I NCO RPO RATED Southwest Pittsburg Geologic Hazard Abatement District II Vista Del Mar Annexation Estimated Budget - November 14, 2006 4 -Years Projected Income Fiscal Year 2006/2007 Annual Levy $350 Amount2 Assessed Units $0 Projected Income $0 Estimated GHAD Expenses Administration and $25,500 Accounting2 GHAD Expenses2 $03 (See Annual Expense Budget) Total Estimated $25,500 Expenses Projected Cumulative ($25,500) 5 Reserve 1 Fiscal Year 2007/2008 Fiscal Year 2008/2009 Fiscal Year 2009/20101 $360.50 $371.32 $382.45 530 $191,065 530 $196,800 530 $202,699 $26,265 $27,053 $34,967 $03 $223,454 $26,265 $27,053 $258,4264 $139,300 $309,047 $253,3206 $03 Maintenance and monitoring responsibilities may be transferred to the Southwest Pittsburg GHAD II. 2 Assumes an inflation rate of 3% per year. 3 GHAD Monitoring and maintenance responsibilities to be funded by William Lyon Homes. 4 Assumes that the GHAD expenses are proportional to the assessed number of residences divided by the total number of units at buildout with the exception of the Open Space Management Plan expenses. 5 Does not include investment income on GHAD reserve funds. 6 Assumes that within the first possible year of GHAD Open Space responsibility that all of the monitoring, maintenance and repair expenses estimated in the projected budget will occur. In our experience with other GHAD’s, these expenses occur over a number of years, therefore the cumulative reserve amount shown should be considered conservative. 3328.1.057.01 September 1, 2006 Latest Revision November 22, 2006 APPENDIX 3 Revised Plan of Control A P P E N D I X 3 APPENDIX 4 Addendum to Engineer’s Report Toscana at San Marco A P P E N D I X 4 ADDENDUM TO ENGINEER’S REPORT for SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II, PITTSBURG, CALIFORNIA BIORETENTION CELLS –TOSCANA AT SAN MARCO A PORTION OF THE SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II PITTSBURG, CALIFORNIA June 24, 2013 Latest Revision June 28, 2013 TABLE OF CONTENTS Page CERTIFICATION OF FILING .......................................................................................................1 I. BACKGROUND .................................................................................................................3 II. GEOLOGIC HAZARD ABATEMENT DISTRICT IMPROVEMENTS ..........................3 III. SERVICE LEVELS .............................................................................................................3 IV. DESCRIPTION AND TIMING OF THE IMPROVEMENTS TO BE MAINTAINED BY THE GHAD ...................................................................................................................4 V. ASSESSMENT METHOD ..................................................................................................4 VI. ASSESSMENT LIMIT AND BUDGET .............................................................................4 EXHIBIT 1 BOUNDARY MAP AND BIORETENTION BASINS, TOSCANA SUBDIVISION AT SAN MARCO EXHIBIT 2 BIORETENTION BASINS BUDGET, TOSCANA SUBDIVISION AT SAN MARCO 2705.260.000 June 24, 2013 Revised June 26, 2013 ADDENDUM TO ENGINEER’S REPORT BIORETENTION CELLS –TOSCANA AT SAN MARCO A PORTION OF THE SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II CERTIFICATION OF FILING This report is presented at the direction of the Southwest Pittsburg Geologic Hazard Abatement District II (“GHAD II”) Board of Directors. The GHAD II is charged with responsibilities related to monitoring and maintenance of drainage facilities and associated improvements within the GHAD II in order to prevent, mitigate, abate and control geologic hazards. The GHAD II also levies and collects assessments in order to perform its activities. 2705.260.000 June 24, 2013 Revised June 28, 2013 The undersigned respectfully submits the enclosed Engineer’s Report. Date: June 28, 2013 By: Theodore P. Bayham, Geotechnical Engineer __________________________, GE I HEREBY CERTIFY that the enclosed Engineer’s Report was filed on the _____ day of _________________ . _________________________________________ Alice E. Evenson Clerk of the Board Southwest Pittsburg Geologic Hazard Abatement District II Pittsburg, California I HEREBY CERTIFY that the enclosed Engineer’s Report was approved and confirmed by the GHAD Board on the ______ day of _________________ . _________________________________________ Chairperson of the Board Southwest Pittsburg Geologic Hazard Abatement District II Pittsburg, California APPROVED ______________ 2705.260.000 June 24, 2013 Revised June 28, 2013 ENGINEER’S REPORT for BIORETENTION CELLS –TOSCANA AT SAN MARCO, A PORTION OF THE SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II I. BACKGROUND The City Council of Pittsburg formed the Southwest Pittsburg Geologic Hazard Abatement District in 1995 with approval of Resolution 95-8136 under authority of the California Public Resources Code (Division 17, commencing with Section 26500). Included within the District were Oak Hills South Units 1 through 4 (Subdivision 7445) and San Marco (Subdivision 7362). On May 1, 2000, Oak Hills South Units 5, 6 and 7 (Subdivision 8042) and San Marco Hills were annexed into the Southwest Pittsburg GHAD. The Southwest Pittsburg GHAD was then dissolved and all of the properties within the former GHAD were included in the Southwest Pittsburg Geologic Hazard Abatement District GHAD II formed with the adoption of Resolution No. 01-002 on March 5, 2001. In 2006, the Vista Del Mar development (Subdivision 8448) was annexed into the GHAD II. The Pittsburg City Council members act as the Board of Directors of the GHAD II. The “Plan of Control” referred to within this Engineer’s Report is the Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II), Southwest Pittsburg GHAD II Documents, Plan of Control, Pittsburg, California, February 8, 2006. II. GEOLOGIC HAZARD ABATEMENT DISTRICT IMPROVEMENTS Ongoing, monitoring, maintenance, and repair of three bioretention cells are included in this Engineer’s Report. The bioretention cells service the Toscana at San Marco developments. Basin 1 is located within the San Marco development and will be retrofit as a bioretention cell. Two new bioretention cells will be constructed within Toscana at San Marco. The bioretention cell locations within the GHAD II are shown in the figure attached hereto as Exhibit 1. III. SERVICE LEVELS The GHAD II provides for activity that is necessary or incidental to the prevention, mitigation, abatement, or control of a geologic hazard including the following activities, as described in the Plan of Control. 2705.260.000 June 24, 2013 Revised June 28, 2013 IV. DESCRIPTION AND TIMING OF THE IMPROVEMENTS TO BE MAINTAINED BY THE GHAD The GHAD II shall maintain the improvements described in the Plan of Control, provided the City of Pittsburg and GHAD II accept the improvement and a one-year warranty period is successfully completed. The GHAD II is charged with responsibilities that relate to the prevention, mitigation, abatement, and control of geologic hazards. This includes, but is not limited to, the monitoring and maintenance of the facilities that enhance site stability such as drainage facilities which include bioretention cells and associated improvements. If these facilities are subject to improper care, decreased slope stability and or erosion could result. V. ASSESSMENT METHOD The Engineer hereby finds that the residential properties within Toscana at San Marco, receive approximately equal special benefit from the work and improvements described within Section II of this Engineer’s Report. As a result, the additional GHAD II assessment for Toscana at San Marco, is distributed among all owners of parcels. Single-family residential lots are assessed as one unit and are assessed equally. Each year the GHAD II will approve an annual assessment equal to or less than the inflation-adjusted annual assessment limit approved in the Initial Engineer’s Report dated March 1, 2001 (“Initial Engineer’s Report”). VI. ASSESSMENT LIMIT AND BUDGET The Initial Engineer’s Report established the maximum assessment and the apportionment of the assessment within the Southwest Pittsburg GHAD II as required under Proposition 218. The maximum assessment for detached single-family units has been and will continue to be adjusted annually to reflect the percentage change in the San Francisco-Oakland-San Jose Consumer Price Index for All Urban Consumers. The Initial Engineer’s Report recommended a maximum assessment for the Project $178.92 per detached single residential unit (Fiscal Year 2000/2001 dollars), with allowed Consumer Price Index increases. We recommend an additional $76 assessment per unit (Fiscal Year 2013/2014 dollars) per year for services described in this Engineer’s Report for Toscana at San Marco. The assessments are to be levied following recordation of the appropriate final map. As with the initial assessment, the proposed additional assessment will be adjusted annually to reflect the percentage change in the San Francisco-Oakland-San Jose Consumers Price Index (CPI) for All Urban Consumers. 2705.260.000 June 24, 2013 Revised June 28, 2013 The assumptions and estimated expenses provided in this Engineer’s Report are listed in Exhibit 2. The Exhibit 2 amounts do not represent the actual budget for any one year of the GHAD’s II operation, since assessment of the individual parcels will be based on the approval of Final Maps, which will occur over a number of years. The projected expense amounts are expected to be reached over time and these amounts will be inflation-adjusted in the year that the expenses occur. 2705.260.000 June 24, 2013 Revised June 28, 2013 EXHIBIT 1 BOUNDARY MAP AND BIORETENTION BASINS Toscana at San Marco 2705.260.000 June 24, 2013 Revised June 28, 2013 BASIN 3 BASIN 2 TOSCANA BASIN 1 VILLAGE 'M' EXHIBIT 2 Bioretention Basins Budget – Toscana at San Marco ESTIMATED ADDITIONAL REVENUES Total No. of Single Family Residential Units ............................................................252 Additional Annual Assessment per Unit (current $)................................................$ 76 ESTIMATED ADDITIONAL ANNUAL EXPENSES IN 2013/2014 DOLLARS Administration ................................................................................................... $ 7831 GHAD Bioretention Cell Monitoring Program ..................................................$ 1,500 Subdrain Cleanout Maintenance .........................................................................$ 120 Functional Plant Maintenance.............................................................................$ 1,800 Irrigation System and Water Usage Maintenance ..............................................$ 1,800 Sandy Loam Replacement (Annualized) ............................................................$ 7,245 Class 2 Permeable Replacement (Annualized) ...................................................$ 4,600 Functional Plant Replacement (Annualized) ......................................................$ 1,725 Irrigation System Replacement (Annualized) .....................................................$ TOTAL 575 $20,1482 1 One time administrative start up cost of $3,000 included in fiscal year 2013/2014. 2 Assessment and investment income in excess of the actual annual expenses will be included in the reserve accumulation for the GHAD II. 2705.260.000 June 24, 2013 Revised June 28, 2013 APPENDIX 5 GHAD II / City of Pittsburg Agreement A P P E N D I X 5 Recording requested by and wlren recorded. return to: City of Pittsburg 65 Civic Avenue Pittsburg, CA 94565 Attn: Keith Halvorson (SPACE ABOVr TH|S LtNE RE$HRVED FOR RECORDER',S USE) GRANT OF EASEMENT AND EASEMENT AGREEMENT This Grant of Easement and Easement Agreement (this "Agreement") is entered into on this _ day of ,2A14, by and betlryeen the Pittsburg Southwest Geologic Hazard Abatement District, a California geologic hazard ahatement district established under Public Resources Code sections 26500, ef seq. (',GHAD"), and the City of Pittsburg, a California municipal corparation (the "City"). GHAD and the City may be referred to collectively as the "Parties" and each individually as a "Party." RECITALS A" GHAD is the owner of that cedain reat praperty located in the City of Fittsburg, County of Contra Costa, State of Califomia, commonly known as Parcel B on a final map that was recorded on January 22, ?007, for Subdivision 91 12 - Vista Del Mar - Phase 3 (Book 500, Page 35) {the "Froperty"), as more particularly described in Exhibit A, attached to and incorporated into this Agreement; and B. The City intends to increase the number of recreational trails in the City by constructing, operating, and maintaining additional trails; and C. GHAD desires to grant ta the City an easement on, over, across and below the entirety of the Property (the "Easement Area") as depicted and rnore partlcularly described in Exhibit A. NOVf THEREFORE for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: "l EASEMENT AREA The Easement Area subject to the easement granted by GHAD to the City pursuant to the terms of this Agreement consists of the entirety of the Property as the Property is depicted and more parlicularly described in Exhibit A. 2. GRANT OF PERPETUAL NONEXCLUSIVE EASEMENT A. GHAD hereby grants and conveys to the City, its successors and assigns, a perpetual and nonexclusive easement (the "Ea$ement") CIn, over, across and below the Easement Area for the purpose of construction, reconstruction, maintenance, operation, replacement, repair, and inspection of recreational irnprovements including, but not limited to, walking trails ("Easement Purpose"). B, Except as expressly provided herein, GHAD reserues and retains all property rights in and to the Easement Area, including, without limitation, the r-ight to use the Easement Area for any purpose whatscever, as long as such use dces not substantially and unreasonably interfere with the City's rights under this Agreement. C. GHAD shalt have no obligation under this Agreement to maintain, operate, replace, or repair any recreational improvements constructed by the City pursuant to this Agreement. 3. TERM l-he Easement and all other rights and privileges granted under this Agreernent shall conrmence on the date first written above and terminate upon the mutual written Agreernent of the Parties. 4. tNDEMNtF|CA.TION l-he City shall indemnify, defend (with counsel reasonably acceptable to GHAD) and hold harmless GHAD from and against any and all claims, losses, liabilities or damages, inctuding payment cf reasonable attorneys'fees, arising out of or relating to City's use of the Hasement, except that the City shall not be liabte for or be required to indemnify, defend or hold harrnless GHAD for any claims, Iosses, liabilities or damages to the extent they arise out of or result from the sole or gross negligence of GHAD. 5. $UCCEisaR$ ANp ASE|SN$ All rights, title and privileges granted to the City by this Agreement, including ail benefits and burdens relating thereto, shall run with the land and be and inure to the benefit of the Parties, and to their respective heirs, succ€ssors, assigns and legal representatives. 6. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits attached hereto, represente the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those rnatters covered hereunder. This Agreernent may only be modified by a written amendment duly executed by the Parties to this Agreement. B. Governing Law. This Agreement shall be governed by and construed according to the laws of the State of California, and any challenges to this Agreenrent shall be brought in Contra Costa County. C. Attornevs' Fees. Should legal action be brought by either Parly for breach of this Agreement or to enforce any provision herein, the prevailing Party in such action shall be entitled to reasonable attorney's fees, court costs and such other costs as may be fixed by the court. D. Q.ounterpq$"$, This Agreement may be executed in counterparts, all such executed counterparts shall constitute the same Agreement, and the signature of any pafiy to any counterparl shall be deemed a signature to, and may be appended to, any other counterpart, E. No Third Padv_ B_eleficiarips. There are no third party beneficiaries to this Agreement except as specifically set forth hereln. F. Recordation. Upon full execut[on, the City may record this Agreement in the Official Records of Contra Costa County, State of California, at the City's sole cost. lN WITNESS WHEREOF, the Parties have duly executed this Agreement on the day and year first written above. PITTSBURG SOUTHWEST GEOLOGIC CITY OF PITTSBURG HAZARD ABATEMENT DISTRICT Joe Sbranii, Executive Director Keith Halvorson, City Engineer ATTEST: ATTEST: Alice E. Evenson, District Clerk Alice E. Evenson, City Clerk APPROVHD AS TO FORM: APPROVHD AS TO FORM: Ruthann G. Ziegler, District Counsel Ruthann G. Ziegler, City Attorney t192323.-1 EXI.IIBIT A LEGAL DESCRIPTNON OF GHAN PARCEL EXHIBIT A % PAftCEL A SUBDIVJ1ION 4s4 A4 BOTANY &AY DftIVE a44B 2 JS i;5 l\+ lt-t inch = 200 ls/ ,3f rt- !J 't\.*l -] SI.$t \ r\: I SUSD|V\S|ON 8363 431 M 35 SUEDJWSIAN 4A5 M 4l ffi83 sAffiJVJSJON 508 t'l EXHIBIT B PLAT TO ACCOMPAI''ry TEGAL DESCRIPTION PARCnt B suBnrusroN stle (5os M 3n) CIW OF PI'TTSBURG. COI{TRA RUG CEFII.JENSEN.AU J\ FI erqctn'r'EB$ . PLAilNEE$ : SUnvEyoRS 46S0 CqAgOT ORiVE, 5UIT€ . SCALE: COSTA COUNTY, CAI,IFOENT.A 2OO PLEA9ANTOil. CA €4588 ptr0ilej (!?5) 227*S|OC FAX: (s25) I?l-9J0o 1':200' DATE: 09-2J-2013 ,.toB No.; 02JOD5 CERTIFICATE OF ACCHPTANGE This is to certify that the interest in real property conveyed by the deed or grant dated from the Pittsburg Southwest Geologic Hazard ' Abatement District (GHAD'), a California geologic haeard abatement district established under Public Resources Code sections 26500, ef seq., to the City of Pittsburg ("City"), E California municipal corporation, is hereby accepted by the undersigned City Engineer on behalf of the City Councilpursuant to authority conferred by Resolution No. 03-9950, adopted by the City Council on Novenrber 17, 2003, and the City consents to recordatian thereof by the City Engineer. _, Dated By: Keith Halvorsan, City Engineer STATE OF CALIFORNIA COUNTY OF before me, a notary pubNic, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) isiare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hisiherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. On I ceftify under PINALTY OF PERJURY under the laws cf the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL STATE OF CALIFCIRNIA COUNTY OF On before me, a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ackncwledged to me that helshelthey executed the same in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behatf of which the person(s) acted, executed the instrument. I cefiify under PINALTY OF Pf RJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL STATE OF CALIFORNIA COUNTY OF before me, a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whcse name(s) isiare subscribed to the within instrument and acknowledged to me that he/she/they executecl the same in hisiher/their authorized capacity{ies), and that by his/herltheir signature(s) on ihe instrunrent the perscn(s), or the entity upon behalf of which the person(s) acted, executed the instrurnent. On I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES$ my hand and official seal. SEAL APPENDIX 6 Piezometer Locations A P P E N D I X 6