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Home My WebLink About2021-11-04; Floodplain History and Challenges within Rancho Carlsbad Owners Association Property Update (District 2); Gomez, PazTo the members of the: CllY COUNCIL □ate11l'4 /.v. CA ✓ cc ~ CM v ACM J/ DCM {3) ~ -- Nov. 4, 2021 Council Memorandum To: Honorable Mayor Hall and Members of the City Council From: Paz Gomez, Deputy City Manager, Public Works Via: Geoff Patnoe, Assistant City Manager ~ {cityof Carlsbad Memo ID #2021204 Re: Floodplain History and Challenges within Rancho Carlsbad Owners Association Property Update (District 2) This memorandum provides an update to a previous memorandum dated April 15, 2021, which summarized past city interactions with the Rancho Carlsbad Owners Association, or RCOA, to resolve floodplain issues within RCOA's property and several current city efforts that will provide flood risk relief and benefit to the community. Background Attachment A provides a summary of how the city has worked extensively with the RCOA to resolve the floodplain issues within RCOA's property. It also provides information on several current and proposed city projects that benefit floodplain protection within this community. Updates for these efforts are summarized herein. The city currently performs maintenance activities downstream of the RCOA property boundary, between the bridges of El Camino Real and Cannon Road. The city does not have maintenance obligations further downstream as the land is owned by the California Department of Fish and Wildlife, or CDFW, and is designated as the Agua Hedionda Lagoon Wildlife Preserve. The scope of the city's maintenance responsibilities is limited to removal of trash and non- native plant species from the half-acre stream segment that is confined by the bridges. The removal of vegetation provides for improved channel conveyance conditions that benefit the RCOA community immediately upstream. Several residents of RCOA requested staff to increase the frequency of the channel clearing so that vegetation height remains low throughout the year and primarily during the rainy season . In years past, the vegetation was removed once a year in late November. In December 2020, staff received confirmation from the permit authority, CDFW, that the city may provide additional vegetation clearing events throughout the year. The agency requested that the events occur outside the bird nesting season, February 15 -September 15 each year. Public Works Branch Transportation Department 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2730 t Council Memo -Floodplain History and Challenges within RCOA Property Update (District 2) Nov. 4, 2021 Page 2 Discussion As part of the Capital Improvement Program, or CIP, development process for fiscal year 2021-221 the City Council approved an increase in budget to provide a total of three vegetation clearing events during the fiscal year. The initial maintenance event for this year was completed on Oct. 1, 2021 and prior to the first significant rain event of the season that occurred the following week. If warranted this rainy season, the remaining two maintenance events will be scheduled for mid-November 2021 and early February 2022. Additionally, CIP Project No. 6042, El Camino Real Bridge Improvements at Agua Hedionda, which is currently under construction, will install a pedestrian bridge on the east side of El Camino Real to allow pedestrian travel from northbound El Camino Real to eastbound Cannon Road. This project is experiencing delays due to issues associated with San Diego Gas and Electric (SDG&E) undergrounding existing overhead utilities. While the SDG&E delay is still fluid, the current target project completion is Spring 2022. Lastly, the Drainage Master Plan, or DMP, is being updated and will include projects that can potentially provide flood-risk benefits to RCOA. The DMP update will also include proposed revisions to the city ordimmces regarding the Planned Local Drainage Area fee structure and an addendum to the DMP's program environmental impact report. Staff expect to present the updated plan and associated ordinance changes to the City Council in Summer 2022. Next Steps Staff will continue to monitor channel conditions of the Agua Hedionda Creek segment between the bridges of El Camino Real and Cannon Road to determine if the two additional maintenance events are warranted this rainy season. These maintenance events are tentatively scheduled for mid-November 2021 and early February 2022. Construction of the El Camino Real Bridge Improvements is ongoing and is expected to be completed and available for public use by Spring 2022. Staff expect to receive the draft DMP update by early 2022, which will include projects that could potentially provide flood-risk benefits to RCOA. Staff plan to present the updated DMP and related ordinances to the City Council in Summer 2022. Attachment: A. Council Memorandum regarding floodplain history within Rancho Carlsbad Owners Association -Update (District 2), dated April 15, 2021 {Due to the size of this file, a hard copy is available in the City Council office for reference) Council Memo - Floodplain History and Challenges within RCOA Property Update (District 2) Nov. 4, 2021 Page 3 cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Gary Barberio, Deputy City Manager, Community Services Laura Rocha, Deputy City Manager, Administrative Services Robby Contreras, Assistant City Attorney Tom Frank, Transportation Director/City Engineer Ryan Green, Finance Director Jeff Murphy, Community Development Director Kristina Ray, Communication & Engagement Director Jason Geldert, Engineering Manager Hossein Ajideh, Engineering Manager Scott Lyle, Senior Engineer Daniel Zitnny, Associate Engineer To the members of the: . pTf COUNCIL Date~ CA .JL CC _L CM· ,/ ACM ✓ DCM (3) ✓ April 15, 2021 To: From: Via: Council Memorandum \ Attachment A {city of Carlsbad Memo ID #2021080 Re: Honorable Mayor Hall and Me iJ" the City Council Paz Gomez, Deputy City Mana~er,lP lit Works Geoff Patnoe, Assistant City Manag I'. - Floodplain History and Challen~1th Rancho Carlsbad Owners Association Property -Update (District 2) This memorandum provides an update to a previous memorandum dated Jan. 7, 2021, which discussed the city's interaction with the Rancho Carlsbad Owners Association (RCOA) over the years to resolve floodplain issues within RCOA's property. Background Attachment A provided a summary of how the city has worked extensively with the RCOA to resolve floodplain issues within RCOA's property. It also provided information on other current and proposed city projects that benefit floodplain protection within this community. The summa.ry·below provides specific updates to ongoing city maintenance activities and the proposed bridge improvements at the El Camino Real overcrossing. As stated in the Jan. 7, 2021, memorandum, the city currently performs maintenance activities immediately downstream of the RCOA property boundary between the bridges of El Camino Real and Cannon Road. The city does not have maintenance obligations further downstream as the land is owned by the California Department of Fish and Wildlife (CDFW) and is designated as the Agua Hedionda Lagoon Wildlife Preserve. Discussion The scope of the city's maintenance responsibilities is limited to removal of trash and non- native plant species on a quarterly basis and annual removal of vegetation from the half-acre stream segment. The removal of vegetation provides for improved channel conveyance conditions that benefit the RCOA community immediately upstream. In years past, the annual removal of vegetation has occurred in late November so that the vegetation is lowest during the winter rain season to provide the maximum level of conveyance. Several.residents of RCOA requested staff to increase the frequency of the channel clearing so that vegetation height · remains low throughout the year. In December 2020, staff received confirmation from the permit authority, CDFW, that the city may provide additional vegetation clearing events throughout the year. The Capital Improvement Program (CIP) update for fiscal year (FY) 2021-22 requests an increase in budget Public Works Branch Transportation Department 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2730 t Council Memo -Floodplain History and Challenges within RCOA Property-Update (District 2) April 15, 2021 Page 2 to provide three vegetation clearing events throughout the fiscal year (see Attachment B). At the CDFW's request, staff will initially schedule all additional clearing events outside ofthe bird nesting season, Feb. 15 -Sept. 15, to assess if the desired level of channel maintenance can be achieved without impacting habitat during the bird breeding season. Staff has not taken exception to the CDFW's request as the preferred maintenance window aligns with the winter rain season. Staff will schedule a maintenance event immediately following Sept. 15, 2021, with additional clearing events in November 2021 and early February 2022. The increased level of maintenance is subject to City Council's approval of the additional budget request for FY2021-22. Additionally, CIP Project No. 6042, El Camino Real Bridge Improvements at Agua Hedionda, will install a pedestriar:i bridge on the north side of El Camino Real to allow pedestrian travel from northbound El Camino Real to eastbound Cannon Road. Hydraulic analyses were performed to support the bridge design and to ensure that no adverse impacts to flood elevations within the RCOA property existed. On Feb. 16, 2021, City Council adopted Resolution No. 2021-044 awarding a construction contract to Hazard Construction Company in an amount not to exceed $1,819,~88. Construction is expected to begin in spring 2021 and last 185 working days upon commencement. Attachment C is a letter from Mr. Stephen Queen, RCOA President, regarding their three goals: • Clear the vegetation and debris from El Camino Real to the Agua Hedionda Lagoon to lessen the damming effect • Identify an acceptable solution to clearing the vegetation in the Agua Hedionda Creek from Rancho Carlsbad golf course to the El Camino Real and Cannon Road intersection • Identify and install acceptable erosion controls for the Calavera Creek that runs through the community of Rancho Carlsbad Attachment Dis the City Manager's response to the RCOA President. Next Steps Within the next two months, staff will submit an additional budget request to provide three vegetation clearing events throughout the fiscal year, subject to City Council approval. Upon City Council approval of the additional budget, staff will increase vegetation clearing as described in Attachment B. Attachments: A. Council Memorandum regarding Floodplain History Within Rancho Carlsbad Owners Association (District 2), dated Jan. 7, 2021 B. Fiscal Year 2021-22 Project Charter Report for Agua Hedionda Creek Maintenance Project, CIP Project No. 6629 C. Mr. Stephen Queen, RCOA President, letter of March 30, 2021 D. City Manager letter of April 12, 2021 Council Memo -Floodplain History and Challenges within RCOA Property-Update (District 2) April 15, 2021 Page 3 cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Gary Barberio, Deputy City Manager, Community Services Laura Rocha, Deputy City Manager, Administrative Services Tom Frank, Transportation Director/City Engineer Jeff Murphy, Community Development Director Kristina Ray, Communication & Engagement Director Jason Geldert, Engineering Manager Hossein Ajideh, Engineering Manager Scott Lyle, Senior Engineer Daniel Zimny, Associate Engineer To the members of the: CITY COUNCIL Date '/7/.JI CA2CCC V ·CM L:_ACML DCM (3) v· Jan. 7,2021 ATTACHMENT A Council Memorandum To: From: Honorable Mayor Hall and Members of the City Council Paz Gomez, Deputy City Manager, Pub~orks Geoff Patnoe, Assistant City Manager (Qf Via: {cityof Carlsbad Memo ID# 2021003 Re: Floodplain Histc;,ry Within Rancho Carlsbad Owners Association Property (District 2) This memorandum provides a summary of how the city has worked extensively with the Rancho Carlsbad Owners Association {RCOA) for many years to resolve floodplain issues within RCOA's property, an update on the dredging project within RCOA property limits that was removed from the city's Capital Improvement Program (CIP), and an update on other current and proposed city projects that benefit floodplain protection within this community. Background Calavera and Agua Hedionda Creeks confluence within the RCOA community immediately upstream (northeast) of the El Camino Real Bridge located at the intersection of El Camino Real and Cannon Road. In 1996, there were originally 278 residential structures located within the Federal Emergency Management Agency (FEMA) regulated floodplain when the RCOA subdivision was approved. To date, the city has invested over $10 million in drainage improvements resulting in removal of 111 residential structures within the RCOA property from the _floodplain. The 2008 City Drainage Master Plan (DMP) proposed two projects to improve drainage conditions within the RCOA community and remove residential structures from the regulatory floodplain. Project B proposed dredging of sediment along Agua Hedionda Creek, and Project BN proposed channel improvements within Calavera Creek. Approxi·mately 40,000 cubic yards of sediment were estimated for removal along Agua Hedionda Creek within RCOA property limits. The city subsequently determined that these projects were infeasible due to funding and environmental permitting limitations. These determinations are described in Attachments A and B. In 2016, the city and RCOA executed a Settlement Agreement (Attachment C) as a result of the projects' infeasibility. The Settlement Agreement required that the city quitclaim drainage easements received from RCOA's predecessor-in-interest to RCOA. These drainage easements covered the Calavera and Agua Hedionda Creeks within the RCOA property. Public Works Branch Transportation Department 1635 Faraday Avenue I Carlsbad, CA 92008 I 76.0-602-2730 t Council Memo-Floodplain History within RCOA eroperty {District 2) Jan. 7, 2021 Page 2 Funds previously allocated for Projects Band BN, identified by CIP Project No. 3338, have already been re-allocated from the project-account. As part of the Settlement Agreement, $750,000 was re-allocated from the CIP Project No. 3338 account to an account dedicated to a flood-proofing program within the RCOA community. The ot~er remaining funds were re- allocated to the Planned Local Drainage -Basin B Fund to support other DMP projects within the Agua Hedionda basin in Carlsbad. CIP Project No. 3338 was removed from the CIP in the fiscal year (FY) 2019~20 CIP Budget adopted by the City Council. The city currently performs channel maintenance activities within the section of the Agua Hedionda Creek between the bridges of El Camino Real and Cannon Road, CIP Project No. 6629. This stream segment is located immediately.downstream of the RCOA property and upstream of the wildlife preserve owned by the California Department of Fish and Wildlife (CDFW). The project footprint falls within open space easements provided by the Evans Point and Kelly Ranch Village "E" developments, which are unrelated to the former easement dedications from the RCOA. The scope of maintenance of CIP Project No. 6629 is limited to removal of trash and non-native plant species on a quarterly basis and annual removal of vegetation from the half-acre stream segment. Removal of vegetation provides for improved channel conveyance conditions that benefit the RCOA community immediately upstream. In previous years, including 2020, the annual removal of veg~tation occurred in late November so that the vegetation is lowest during the winter rainy season to provide the maximum level of conveyance. The CDFW permit issued for CIP Project No. 6629 only allows for removal of vegetation with hand tools. Additional permits will be required from the U.S. Army Corps of Engineers {USACE) and the California Regional Water Quality Control Board (RWQCB) if earth-disturbing activities, such as dredging, are to be added to the scope of maintenance. This segment of channel was last dredged in 2006, specifically under emergency authorizations by the USACE. Sediment readings are recorded annually at three points along each bridge to monitor sediment accumulation as the creek enters/exits the maintenance area. Streambed elevations vary from year to year but generally have decreased in elevation since readings began in 2013. Sediment is not accumulating within the maintenance area per these readings; therefore, dredging of this section of stream is not being considered at this time. · On Sept. 17, 2019, City Council adopted Resolution No. 2019-177 authorizing a Professional Services Agreement with Rick Engineering to update the 2008 DMP, which is currently in progress. The DMP has been updated over the years to reflect changes in city growth, construction costs, general plan, drainage standards and environmental regulations. ' ! r . I l Council Memo -Floodplain History within RCOA Property (District 2) Jan. 7,2021 Pag~3 Discussion As stated above, the city has invested over $10 million in drainage improvements to remove RCOA residential structures from the floodplain. Two projects have been determined to be infeasible but several other projects in the 2008 DMP are expected to remain in effect and potentially benefit the residential properties within RCOA. Additional projects may also be proposed based on the results of the hydrologic/hydraulic model created to support the DMP update. One of these proposed projects is identified as the ~ancho Carlsbad Retention Basin Project (Project BJ-1). The project is a proposed retention basin and a reinforced concrete box culvert outlet that discharges to an existing tributary. The retention basin will be located at the southeast corner of the intersection of College Boulevard and Cannon Road. The proposed extension of College Boulevard and its required fillwill act as an embankment of the basin to contain the expected volume of runoff. The basin will occupy eight acres of land and will be designed to contain 49 acre-feet1 of water during a 100-year storm event. This project is expected to remain in the upcoming update to the DMP and will be constructed with the proposed College Boulevard extension project. In 2021, staff plans to present an updated DMP and propose revisions to city ordinances regarding the Planned Local Drainage Area fee structure to the City Council. Projects Band BN are currently scheduled to be removed from the updated DMP as the 2016 Settlement Agreement rel~ases the city's responsibility to maintain the creeks within the RCOA property and funds have already been re-allocated from the project account. In December 2020, staff received confirmation from the permit authority, CDFW, that additional clearing events of the Agua Hedionda Creek between the bridges of El Camino Real and Cannon RQad can occur throughout the year; therefore, staff plans to propose updating the CIP Budget during the upcoming FY 2021-22 CIP Budget development process for vegetation clearing on a quarterly basis to provide a year-round benefit to channel conveyance conditions. Planning measures have also been implemented within the city to prevent further development from exacerbating potential flooding within the RCOA property. Development projects located within Local Facilities Management Zones 5, 7, 14, 15, 16, 18 and 24 that drain to the Agua Hedionda Creek or the Calavera Creek must pay the Planned Local Development _Fee set by t he · DMP. Fees collected from such developments provide a dedicated funding source for implementing DMP projects such as Project BJ-1. Developments must also install onsite drainage improvements to ensure that direct drainage impacts resulting from the proposed development do not result in flooding of existing development. 1 One acre-foot represents the amount of water needed to cover an acre of land to a depth of one foot. One acre- foot equals 325,851 gallons of water. Council Memo -Floodplain History within RCOA Property (District 2) Jan. 7,2021 Page4 This development criterion also applies to CIP projects. For example, CIP Project No. 6042, El Camino Real Bridge Improvements at Agua Hedionda, will install a pedestrian bridge on the northeast side of El Camino Real to allow pedestrian travel from northwest-bound El Camino Real to northeast-"bound Cannon Road. Hydraulic analyses were performed to determine the bridge design and to ensure that no adverse impacts to flood elevations within the RCOA property existed. Staff is also tracking a potential state grant opportunity that could provide funding assistance for Project BJ-1. The Floodplain Management, Protection and Risk Awareness Grant Program supports local agency efforts to prepare for flooding events. This grant provides fil"lancial assistance for stormwater-related flood risk reduction activities. The program is funded through Proposition 68 and is e_xpected to be advertised in summer 2021. Channel dredging is ineligible for funding as it is considered a maintenance-related activity; however, storm drains, culverts and drainage basins are eligible facilities. Funding priority will be given to proposed projects located in FEMA special hazard areas and economically disadvantaged communities as determined by the California Department of Water Resources. RCOA property meets both these criteria, thereby increasing the potential of receiving funding assistance for Project BJ-1. Next Steps Based on the consultant's most recent schedule, staff plans to present an updated DMP and proposed revisions to city ordinances regarding the Planned Local Drainage Area fee structure to the City Council in December 2021. Staff w ill also update the CIP Budget for CIP Project No. 6629 during the FY 2021-22 budget development process and will continue to pursue grants and other funding opportunities for projects in this area. Attachments: A. Memorandum to City Manager regarding status update of the Agua Hedionda Creek Channel Dredge Project, dated April 24, 2013 B. Memorandum to City Manager regarding Rancho Carlsbad Flood Protection, dated Jan. 9, 2015 C. Settlement Agreement between the City of Carlsbad and Rancho Carlsbad Owners Association regarding flood channel dispute, dated March 11, 2016 cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Gary Barberio, Deputy City Manager, Community Services Laura Rocha; Deputy City Manager, Administrative Services Tom Frank, Transportation Director Ryan Green, Finance Director Jeff Murphy, Community Development Director Kristina Ray, Communication & Engagement Director Jason Geldert, City Engineer Council Memo -Floodplain History within RCOA Property (District 2) Jan. 7, 2021 Page 5 Hossein Ajideh, Engineering Manager Scott Lyle, Senior Engin~er Daniel Zimny, Associate Engineer . (~ CITY OF ~ CARLSBAD Attachment A Memorandum April 24, 2013 To: From: John Coates, City Manager _,, / Skip Hammann, Public Works Director ..::::;-t- Re: Status Update-Agua Hedionda Creek Channel Dredge Project, Project# 3338 Executive Summary This memorandum provides Council with options for the Agua Hedionda Creek Channel dredge project. The current project is considerably different from the project originally proposed, and many project requirements and assumptions have changed over the years. The estimated costs and liability exposure to cartsbad have increased dramatically from the initial project concept that now requires an additional $4.9 million from the General Fund to construct, not including costs for ongoing maintenance costs. Since this project is an improvement to real property, allocating more than $1 million from the General Fund will trigger the need for a majority vote approval. Staff is recommending that this project be eliminated from tt"te CIP program. Background The purpose of the current project is to mitigate potential flooding impacts to the Rancho Carlsbad Mobile Home Park resulting from a 100-year storm event. Based on several significant evolving factors a re-evaluation ofthe project need, scope, costs, and possible alternatives is warranted. Two creek channels are included, Agua Hedionda Creek channel (AHC) and Cc1lavera Creek channel (CC): 1. In 1968 the City issued Rancho carlsbad Mobile Home Park (the Park) a Pre-annexation Conditional Use Permit through Planning Commission Resolution 585. 2. In 1969 AHC and CC were designed as earthen, trapezoidal channels in conjunction with the development of the Park, according to plans dated June 27, 1969. (EIR Addendum 2013) 3. Around 1971 the land was annexed into the City of Carlsbad. 4. The Park was approved by the City Council in the early 1970s. It was recognized that the project was in the SO year flood plain but no mitigation was required because.that was the standard at that time. The standard was. changed in approximately 1980 to ioo year frequency due to Federal Flood Insurance mandates, 5. In the mid-1990s the park was purchased by the Carlsbad Residents Association with the hope of converting to condominium ownership. Under the Subdivision Map Act, the city was only allowed to require improvements necessitated by significant health or safety concerns. Because the park was within the 100 year flood plain, the Park was required to submit hydrology reports on flooding of the park. (AB 13,923) Public Works Department 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2730 I 760-602-8562 fax I www.carlsbadca.gov Mr. Coates April 24, 2013 Page 2 6. In June of 1996 Or. Howard H. Chang Consultants was hired by the Park to prepare a report titled 'Flood Control Alternati_ves for Ran_cho Carlsbad Mobile Home Park'. It states in the Conclusions "Damages to the park due to flooding has been estimated by the Park Manager to be $5000 for each occurrence. In a 100-yr time span, the occurrence of flooding is also the frequencythat a SO-yr storm is exceeded. In other words, two flooding occurrences can be expected in the 100-yr time span. With flood control, flooding damages will be eliminated and thus the benefits due to flood control is $10,000 in a 100-yr time span." 7. On December 3, 1996 through AB #13,923, City Council amended the 1994 Master Drainage and Storm Water Management Plan by adding Facility BMA, described as "Storm water attenuation is required to bring the existing drainage channel into conformity with current design standards. Berms, levees, or other features such as detention areas will be used to contain the 100 year flood under build out condition for the contributing drainage b~sin." Exhibit B cost estimate includes levees, flap gates, armor protection, waterproofing, earth berm, and an additional levee for a total estimate of $325,000. 8. The December 18, 1996 Planning Commission Resolution No. 4033 recommended for approval the multiple, individual ownership of the lots in the Park. · 9. In a comment letter to the Planning Commission dated December 18, 1996 regarding the approval of conditions for the Tentative Tract Map, Rancho Carlsbad Attorney Sue Loftin states: "The Applicant does not agree that flooding as disclosed by the various Chang reports constitutes a substantial health and safety issue. Notwithstanding that position and for the sole purpose of moving this project forward, the Applicant has agreed, as a package, to do the following ... payment of fee in the sum of $318,000." This offer was calculated by the Association by multiplying the then current Plan Local Drainage Area (PLDA) fee of $3380 x 94.07 acres (acres of subdivision). 10. City Council approved Resolution 97-44, modifying Planning Commission Resolution 4033. Condition 11, as revised, states "That improvements proposed in the Master Drainage Plan will reduce flooding impacts and improve drainage to the mobile home park. Portions of t~e Rancho Carlsbad Mobile Home Park are located within the 100 year flood plain as designated by FEMA. As provided in the Subdivision Map Act, the city is authorized to require any improvements necessary to mitigate existing health and safety conditions. Because health and safety conditions exist {flooding), mitigation of the flooding impacts has. been required as a condition of project approval. To facilitate the mitigation of flooding impacts, the city has agreed to include the site into the Master Drainage Plan and the applicants have agreed to the contribution of monies estimated to be $318,000 over a 10 and one half year period. In addition, the applicant has agreed to provide easement dedications for Calavera Creek and AH Creek drainage channels to permit the city to mitigate flooding and drainage impacts pursuant to the Master Drainage Plan. These improvements will benefit the owners of the mobile home park by reducing flooding i"!'pacts and improving drainage to the park." 11. On November 4, 1997 Rick Engineering was hired by the City to prepare a drainage concept plan for the "Rancho Carlsbad Channel and Basin Project". 12. A Drainage Easement was accepted by the City in the AHC and CCs on December 22, 1997. Mr. Coates April 24, 2013 Page3 13. The Final Subdivision Map MS96-08 for the Mobile home Park was recorded on February 4, 1998. The final map identified 278 lots that were within the 100-year floodplain, out of a total of 496 lots in the park. 14. In February 1998, the Rancho Carlsbad Partners, as owners of the property, agreed to indemnify and hold the city harmless from liability caused by the drainage system identified in the approved project. 15. On March 24, 1998 the City entered into a Contract to Secure Future Public Improvements. The City was to receive $318,000 from the Rancho Carlsbad Partners over a ten (10) year period to comply with Condition 10 of Planning Commission Resolution 4033. In return the City agreed to construct the improvements set forth in the amendment to the Master Drainage Plan and approve the Final map. 16. ln 1998 additional channel enhancement and repair work occurred west of ECR with construction of Cannon Road bridge over AHC. (EIR) 17. In 2002 the city entered into a consultant agreement to start applying for and obtaining permits from environmental regulatory agencies. 18. In a letter dated April 5, 2005, The Rancho Carlsbad Owner's Association, Inc. 'admonishes Council to fulfill your obligation to us .•. An outline of t_he steps as we see it are: ... construct the 84" storm drain !n Cannon Road, ... repair the outlet works at the Lake Calavera Dam, •• .immediate ~ork on the dredging plans for AH Creek, ... review and modify the design and construction of the BJB basin, box culvert and weir wall ... " 19. The City completed several projects that removed an additional 118 units from the floodplain. At this time, there was an estimate of 160 units still remaining in the 100-year floodplain. Projects included replacement of outlet structure and valves at Calavera Dam, construction of detention Basin BJB east of the College Blvd and Cannbn Rd intersection, construction of a detention basin east of the Melrose Drive crossing of AH Creek, and the construction of a detention basin at the Faraday Ave creek crossing, as represented in the FEMA Final Letter of Map Revision Case# 09-09-0276P dated September 14, 2009. 20. On March 7, 2006 there was a Declaration of'Local Emergency. Emergency dredge permits were obtained from agencies and a portion of the creek was dredged. This work was funded by a loan from the general fund to the PLDA fee program and completed in April of 2006. (AB#18,472, AB# 18,503 ratifying contract) 21. In 2008, the RWQCB issued the· City a Notice of Violation against the project for failure to obtain an acceptable mitigation site for the emergency dredge project. In 2009 the City purchased mitigation credits from North County Habitat Bank for the emergency dredge. (A8#19,110). 22. In 2010, staff solicited proposals and City Council approved a consultant contract to finalize construction plans and obtain environmental permits for current project 3338. (AB #20,417) 23. As part of the permitting process in 2010, staff recommended and City Council approved a license agreement for a mitigation site within the same hydrologic area as the impact area, as potential mitigation for the 401 permit from the RWQCB. AB #20,378. Mr. Coates April 24, 2013 Page4 24. In ldll, an attempt was made to obtain additional project funding when staff applied for a grant for .$468,000 from the State Flood Protection Program. (AB#20,460) In 2012, the city was notified they would not receive the grant. Completed Improvements 1997-2011 • Weir wall a~d Calavera Creek rock slope protection at confluence poin~ • Construction of an 84" storm drain pipe paralleling Calavera Creek • Repair and rehabilitation of the outlet works at the Lake Calavera Dam • Construction of three flood retention basins • Emergen_cy dredge Current Status 2013 The current dredge project scope has changed due to engineering review, resource agency requests, and other considerations: • The current dredge project scope has changed due to Army Corps of Engineers (ACOE) requests and City's Utilities -Engineering Division design corrections related to earthen bank levee stabilization. Hydrology analysis shows that with the proposed improvements, there will remain an estimated 22 lots still subject to some level of flooding. • The project EIR Addendum, Special Use Permit (SUP) and Coastal Development Permit (CDP) amendments were approved by Planning Commission on April 3, 2013. • The final 1600 permit from California Department of Fish and Wildlife is ready, pending City Council approval. • The draft 404 permit from ACOE is ready, pending 401 Water Quality from RWQCB. • The City is working with the RWQCB on 401 Water Quality permit and received a comment letter from RWQCB on February 22, 2013. The City responded April 15, 2013 with a 279 page submission. City staff will follow up with RWQCB staff mid-May for further discussions. • Cost summary (estimated round numbers for discussion) Current dredge project: o $10.3M total estimated completion cost • $3.4M already spent (includes the emergency dredge from 'Completed lrnprovements' bullets above, plus other c1ctivities _related to current design) • $6.9M to spend to complete the project as designed • $1.lM available from PLDA + $.9M from GCC == $2M available • $4.9 needed (which triggers Prop H vote if> $1M for riew construction activities vs. maintenance activities) o Plus costs for the City to hold a Prop H vote, which are estimated at $500,000 as a stand-alone vote with one measure on the ballot, or approximately $50,000 if the City plates an item on the ballot consolidated with one of the County's elections. The City can organize a stand-alone vote anytime, however, the Mr. Coates April 24, 2013 Page 5 Options earliest the City could consolidate with a County election would be November, 2014. Future maintenance dredge projects: o Maintenance costs are unknown but estimated at a range of $50,000-$100,000 per year in perpetuity. o Future dredge costs are unknown but estimated at a minimum of $500,000 for each event. 1. Build project as currently proposed: a. Earliest start date is Fall 2015 due to funding and permitting issues. b. Estimate a minimum of $4.9M needed to finish. Beca·use this is considered new construction, this would trigger the Prop H vote. The project could be scheduled for the November 2014 vote. c. In the process of obtaining the RWQCB 401 permit. Enhanced mitigation in the form of additional creek plantings with 5 years of success criteria, along with invasive species removal in the Agua Hedionda Hydrologic Area at the time of any future dredge projects were proposed by the City in the response letter sent April 15, 2013. 2. Reduce project scope to only include a smaller restoration of CC Channel to improve water conveyance capacity, and prevent bank erosion near mobile units upstream near the East end of the Park. Initial estimated costs for this alternative are $250,000, however, ongoing maintenance and liability would make this option not sustainable over the long-term. · 3. Create upstream wetland restoration and basin improvements. The upstream 'West' properties are Dos Colinas Senior Site (MS-09-04) and Cantarini Development (CT 00- 18). Runoff from these properties enters AHC well ahead of the peak, so any detention onsite has no impact on the peak flows in AHC responsible for flooding the Park. The Dos Colinas project design already incorporated four detention basins to mitigate storm water flow and water quality impacts from both properties. The detention basins can not be made any deeper because they will not be able to drain to AHC. The basins can not be made bigger because the approved development footprint restricts their perimeter boundaries. There are no other locations upstream to construct detention basins that would be adequate in size or capacity to reduce the flood plain conditions in . the Park. This option does not appear to be feasible at this time, but Is included only to support a thorough analysis. 4. Install flood warning alarm system, estimated cost $100,000, as a stand-alone option or in conjunction with other options. 5. Refund initial payment made to the City back to the Park, with interest, remove the Condition of Approval, and modify the 2008 Drainage Master Plan to eliminate the need for channel improvements through the Park. This option is not recommended, but is included only to support a thorough analysis. Mr. Coates April 24, 2013 Page6 6. Determine that the City has met its obligations, due to completing the emergency dredge in 2006, 84" storm drain pipe installation, replacement of valves at Lake Calavera dam valves, and installation of three detention basins. The easement will be quit- claimed and returned to the Park: Remove the Subdivision Condition of Approval and. modify the Drainage Master Plan to eliminate the need for channel improvements through the Park. Recommendation Under recent analysis, it appears that the City has met its original obligation through improvements completed since 1997, and due to increased costs and changing regulatory requirements, it is staff's recommendation to pursue option# 6 above at this time. If you have any questions regarding this memorandum, please feel free to contact me at x2751. cc: Celia Brewer, City Attorney Ronald Kemp, Assistant City Attorney David Hauser, PEM Director Bill Plummer, Engineering Manager Elaine Lukey, Environmental Manager Sherri Howard, Associate Ei:igineer . I {'city of Carlsbad Attachment B Memorandum January 9, 2015 To: Steve Sarkozy, City Manager From: Glen Van Peski, Community & Economic Development Director ~ Kathy Dodson, Assistant City Manager Via: Re: RANCHO CARLSBAD-FLOOD PROTECTION Background See memo dated April 24, 2013 for an exhaustive history of the Rancho Carlsbad Mobile Home Park (RCMHP) flood protection issue. Subsequent to that memo, Public Works and Community & Economic Development (CED) staff met several times with expert local hydrology consultants to review possible options, including upstream detention and diversion pipes. None of those options appeared technically feasible. The following is a summary of the main points of the project history: On Dec. 3, 1996, through AB #13,923, the City Council amended the 1994 Master Drainage Plan by adding Facility BMA, described as "Storm water attenuation is required to bring the existing drainage channel into conformity with current design standards. Berms, levees, or other features such as detention areas will be used to contain the 100 year flood under build out condition for the contributing drainage basin." Th·e cost estimate attached as Exhibit B included levees, flap gates, armor protection, water:proofing; earth berm and an additional levee, with a total estimated cost of $325,000. On Dec. 18, 1996 Planning Commission Resolution No. 4033 recommended for approval Minor Subdivision MS 96-08. Condition 11 of that resolution authorizes the city manager to enter into and sign an agreement with the applicant to mitigate the flood hazard per the amendment to the Master Drainage Plan. On Oct. 10, 1997 Rancho Carlsbad Partners signed an agreement with the city. In consideration of approval of the Parcel Map, Rancho Carlsbad Partn.ers agreed to pay $318,000 for the "flood control improvements set forth in the amendment to the City of Carlsbad Master Drainage Plan (approved by City Council Resolution No. 96-403 on December 3, 1996)". Analysis Rancho Carlsbad paid $318,000 for storm water attenuation, with no specification as to what form that attenuation would take, although detention areas were one of the possibilities mentioned. There was no reference to deepening, widening or lining the existing earthen channel. In the intervening years, the following measures, at a cost of over $10 million and thousands of city staff hours, have been implemented: Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560fax I www.carlsbadca.gov Rancho Carlsbad Flood Protection January 9, 2015 Page 2 • Modification of Lake Calavera Dam outlet to allow detention of inflows. • Construction of Basin BJB detention basin to reduce flows. • Construction of a detention basin at the Faraday Avenue crossing to reduce flows. • Construction of a detention basin at the Melrose Avenue crossing to reduce flows. ■ Construction of an 84" storm drain bypass to Calavera Creek. ■ Modification of Basin BJB outlet works to provide additional detention of flows. ■ Emergency dredging of Agua Hed ionda Creek. • Offsite habitat mitigation for the emergency dredging. • Construction of weir wall and rip rap reinforcements in Calavera Creek. ■ Continued vegetation removal between El Camino Real and Cannon Road. These improvements have resulted in removal of 111 homes from the regulatory floodplain, out of the 278 homes originally identified as being in the floodplain. Due to technical considerations and the regulatory envirimment, further physical improvements to remove additional homes from the floodplain are not feasible. There has been significant attenuation of flooding, and the city has fulfilled the obligations of the original agreement. While further physical improvements to reduce the floodplain limits are not feasible, the owners of most of the 167 homes remaining in the regulatory floodplain can use the Letter of Map Change (LOMC) process to reduce their flood insurance premiums and allow reverse mortgages. City staff is ready to assist homeowners in processing LOMCs for their proper.ty. Letter of Map Change Process Of the 167 residential structures remaining within the regulatory floodplain, all but 23 have finished floors at an elevation above the calculated flood surface. Of those 23 with finished floors below the flood surface, raising the homes by 8" or less would raise the finished floors for 16 of the 23 to above the calculated flood surface. With some improvements to meet the FEMA requirements, and an Elevation Certificate, these homes (144, or with 8" or less of raising, 160 homes) can be removed from the Zone AE Special Flood Hazard Area {SFHA) through the Letter of Map Change {LOMC) process, allowing for reduced flood insurance premiums and reverse mortgages. Required Improvements For a home to be removed from the floodplain, it has to be properly anchored, it has to have required openings in the 'skirt' around the home, and any air conditioning units have to be raised above the flood surface. The anchoring requires a permit from the City of Carlsbad, the other work would be permitted through the state. The approximate costs for required improvements to the 167 homes currently in the SFHA are estimated as follows: Estimated Cost of Required Improvements Anchoring Openings Raise A.C. units No. of Home·s 107 167 117 Estimated Cost $2,500 $500 $1,500 Subto~al $267,500 $83,SOO $175,500 TOTAL $526,500 Some of the homes which were permitted prior to 1997 may already have the required FEMA anchoring, but an inspection and building permit would be required to document thi_s. The cost estimate above Rancho Carlsbad Flood Protection January 9, 2015 Page 3 assumes that all homes permitted prior to 1997 would require anchoring, and does not include any costs associated with raising homes. Elevation Certificates · In addition to any required improvements, each home will need an elevation certificate, prepared by a licensed surveyor or civil engineer, to submit for a LOMC. Typically elevation certificates for an individual structure cost approximately $1,200. It is estimated that if all 167 were done as a package, the per-unit cost could drop to around $500. For the· 167 units, this would represent a total expenditure' of $83,500. The total cost for the required improvements and the elevation certificates is $610,000. The cost for an individual homeowner would vary depending on the particulars of their situation; typically ranging from $500 to $5,000. A home with no air conditioning, which was already anchored c!nd had the correct openings would only in•cur a cost of $500 for the elevation certificate. A home which needed all three improvements in addition to the elevation certificate would cost $5,000 to remove from the SFHA. For the 16 homes requiring raising to be eligible for removal from the SFHA, the costs to raise the home (possible $10,000) would be in addition to the other expenses. Removing the home from the SFHA so that it was only in a Zone X Flood Area would allow reverse mortgages, and save the average homeowner approximately $600 per year, reducing their annual flood insurance premium from $700 to $100. City staff in Land Development Engineering and Building will maintain records of requirements for each of the individual homes. When the building permits are pulled documenting the required anchoring, documentation of any other improvements is received, and the e!evation certificate is submitted, staff will prepare the LOMC application form and process it through FEMA at no cost to the homeowner. Attachment C SETTLEMENT AGREEMENT REGARDING FLOOD CHANNEL DrSPUTE THIS SETTLEMENT AGREEMENT REGARDING °FLOOD CHANNEL DISPUTE ("Agreement") is made this Jl!!!::day of ~ , 2016 ("Effective Date") by and between the City of Carlsbad ("City") and Rancho Carlsbad Owners Association, Inc., a California nonprofit mutual benefit corporation ("RCOA"). RECITALS A. RCOA manages, maintains, and operates that certain community commonly referred to as Rancho Carlsbad Mobilehome Park, located at 5200 El Camino Real, Carlsbad, California (the "Community''). The Community consists of 504 individual units or lots upon which are placed manufactured homes. B. Portions of the Community are or have been classified as being within the regulatory I 00 year flood plain pursuant to the Federal Emergency Management Agency I 00 year flood map dated May 16, 2012 ("Flood Plain"). Through various methods, many of the individual units have previously been removed from the Flood Plain desigriation; however, 166 units remain designated as being within the Flood Plain. C. The Community has identified 166 units which continue to be designated within the Flood Plain. With some improvements to meet the FEMA requirements, the receipt of an Elevation Certificate and the processing of a Letter of Map Change (aka Letter of Map Amendment), 137 of the 166 units, can be removed from the Flood Plain designation. D. In connection with the conversion of the Community to a resident owned subdivision in 1996, and pursuant to that certain Contract to Secure Future Public Improvements by and between Rancho Carlsbad Partners (RCOA's predecessor-in-intere·st) and the City, recorded in the official reC()rds of the San Diego County Recorder's office as Document No. 1998-0158219 on March 24, 1998 (the "Contract for Improvements"), Rancho Carlsbad Partners paid to the City the sum of $318,000 plus interest in exchange for which the City agreed to construct flood control improvements to mitigate the flood impacts to the units. While the City has constructed or cause to be constructed certain flood control improvements to mitigate the flood impacts, there remains 166 units within the Community designated within the Flood Plain to which RCOA contends the City is required to take all steps reasonable to remove the units from the Flood Plain designation. E. To resolve the dispute between the parties, , and to facilitate the removal of units fi-0111. the Flood Plain, the City desires to assist RCOA and the owners of the Affected Units (defined below) through the payment of funds and processing of applications, and RCOA and-the Affected Units desire to receive such funds from the City and to perform certain Standard Modifications (defined below) to obtain an Elevation Certificate for the purpose of pursuing a LOMC (each defined below); all upon the terms and conditions set forth in this Agreement. OPERATIVE PROVISIONS NOW, THEREFORE, for and in consideration oftne foregoing Recitals, which are incorporated herein by this reference, and other good and valuable consideration, the receipt and sufficiency of Pagel of9 M:\Rancho Carlsbad\471 Flood\2015 Agt With City\Settlemcnl Agreement Re flood Plain V 14.DocK which are hereby acknowledged, and in consideration of the mutual exchange of the covenants contained herein, the parties hereby agree as follows: I. Affected Units. There are 166 individual units (also known as lots) within the Community upon which is placed a manufactured home (the home and unit/Jot are collectively referred to herein as a "Unit") which are currently identified as being within the Federal Emergency Management Agency's 100 year flood plain (the "Affected Units"). Attached hereto a:s Exhibit "A" is a spreadsheet indicating the currently identified Affected Units within the Community (the "Unit Itemization Sheet''), which . Affected Units are classified into categories as follows: a. 137 Units which have manufactured homes located thereon that require the Standard Modifications, as defined below ("Standard Units"); b. 18 Units which have manufactured homes that are currently placed below elevation and require the manufactured home to be lifted or elevated, and may require the Standard Modifications in addition to such elevation increase, in order to qualify for the Elevation Certificate, as defined below ("Below Elevation Units"); c. 9 Units which require custom modifications to the manufactured homes in order for the Unit to qualify for the Elevation Certificate ("Custom Modification Units"); and d. Two ·(2) Units which have manufactured homes that were newly installed and do not require any further modification to the Unit, however, will be eligible to obtain the Elevation Certificate and the LOMC (each as defined below). e. In the event owners of additional Units are able to demonstrate to the City's satisfaction that their Unit is classified as being in the I 00 year flood plain, including, without limitation, Unit 194, such additional units ~hall be included as an Affected Unit without the requirement to modify Exhibit A attached hereto; provided however, that the City concur with the cost estimate for the Standard Modifications and that nothing herein shall change the total Funds (as defined below) to be paid by the City. 2. Modification to Units. a. Physical Modifications to Units: i. The modifications to be performed to the Standard Units to enable an Elevation Certificate to be issued will be specific to each Unit; however, will generally include providing new anchoring to the manufactured home (also known as "tie downs"), provide openings in the skirting around the manufactured home, and to raise the air conditioner (if any) ( collectively, the "Standard Modifications"). The costs of the Standard Modifications are covered under this Agreement for the owners of the Units electing to participate in the program as further set forth herein. ii. The Below Elevation Units will require specific and custom work to the manufactured home to elevate the manufactured home sufficiently which elevation will exceed that provided to under the Standard Modifications. The cost of the work Page2of9 M:\Rancho Carlsbad\471 Flood\2015 Agt With City\Settlemcnt Agreement Re Flood ?lain Vl4.Docx to bring a Below Elevation Unit up to grade shall_ be the sole and absolute responsibility of the owner of the Unit. iii. The Custom Modification Units will require customized work to each manufactured home as a result of Unit specific conditions or modifications (''Custom Modifications"). The costs ofall Custom Modifications shall be the sole and absolute responsibility of the owner of the Unit iv. The physical modifications made to the Unit, whether the Standard Modifications or the Custom Modifications, ·shall collectively be referred to herein as the "Modifications." b. Permitting Process.for Standard Modifications. To perform the Standard Modification, the City will issue the required permits for the anchors and California Department of Housing and Community Development will issue any other permits required. Any permits required for any Custom Modifications or to bring the Below Elevation Units to proper elevation shat! be the responsibility of the owner of the applicable Unit. c. Removal from Floodplain. In order to be removed from the floodplain or otherwise excepted from such classification, each participating Affected Unit will need to have the Modifications, as is applicable, performed to the Unit, have an elevation certificate ("Elevation Certificate") prepared by a licensed surveyor or civil engineer and submit the Elevation Certificate to FEl\:1A for a Letter of Map Change ("LOMC"). The Elevation Certificate and LOMC shall be processed pursuant to Section 3 below. 3.. City Responsibilities. a. Processing of Building Permits. The City wiU timely process the permits fort.he Contractor (as defined below) to install the anchors or other such permits required for the Contractor to perform the Standard Modifications. To assist the City in satisfaction of this responsibility, RC::OA will submit a list to the City of all participating Affected Owners together with a check for each Unit (one check per Unit) in the amount of $83.00 for the required permit. The City will process applications in groups in accordance with a priority indicated by RCOA and a timeline indicated by the Contractor. b. Processing Removal from Floodplain. An Elevation Certificate will be prepared by a licensed surveyor or civil engineer for the participating Affected Unit at the direction and management of RCOA or its processing consultant. The Elevation Certificate will be submitted by the surveyor or engineer directly to the City. The City will, upon receipt of the Elevation Certificate, timely prepare the LOMC application and diligently process it through FEMA. Currently the costs of the LOMC is estimated to be $0 (zero dollars) per the FEMA website under "single lot. structure LOMA" {https://wv.rw.fema.gov/flood-map-related-fees), however should there be a processing fee, such fee will be the responsibility of RCOA. c. Pavment of Funds. The City hereby agrees to pay a total sum of Nine Hundred Forty Thousand Dollars ($940,000.00) ("Funds"). The Funds shall be used to pay for the costs of the Standard Modification (including permits, labor and materials associated therewith), Page3 of9 M:\Rancho Carlsbad\471 Flood\2015 Agt With Ciiy\Settlement Agreement Re Flood Plain VJ4.Docx the Elevation Certificate, survey costs, building permits and consultant fees, as estimated on Exhibit "A" hereto in accordance with the Fund Management provis'ions set forth herein. Additionally, pursuant to Section 5.d. below, to the extent there is excess Funds as a result of Affected Owners not participating in the program, RCOA may utilize such excess for the payment of approved expenses such as notary fees, recording fees, and management costs, and bank fees. d. Quitclaim of Easements. The City will quitclaim the drainage easements received from RCP in conjunction with the Contract for Improvements to RCOA. 4. RCOA ResponsibiJities. a. Notifications to Unit Owners. Owners of the Affected Units shall be notified of and invited to a general meeting to be conducted at the RCOA clubhouse within the Community to have the reimbursement and removal from floodplain program explained to the owners, the process for seeking reimbursement and the requirements to participate in the program. The Unit Owners shall receive a written notification explaining the opt-in or opt-out requirements substantially in the form attached hereto as Exhibit "B". RCOA may hold additional meetings and send additional notices to the Affected Units relating to the program as RCOA deems necessary. b. Participation of Affected Units. RCOA will require that the owners of the Affected Units desiring to participate in the program to elect to participate in the program on or before the date that is ninety (90) days after RCOA conducts a general meeting announcing the program to the owners of the Affected Units ("Notification Meeting"). All participating Affected Units shall be identified by RCOA to the City and RCOA shall determine a priority for the performance and completion of the Standard Modifications as it deems reasonable and/or necessary. c. Use of Funds .. The Funds may be used to perform the Standard Modifications on the Affected Units (including additional Units identified in Section l(e) above), together with the issuance of permits, surveyor or engineer fees, process consultant fees, the Elevation Certificate and LOMC, only, in an amount not to exceed the number indicated on Exhibit · "A" attached hereto. The Funds shall not be used to pay any expenses for Custom Modifications or modifications required to bring a Below Elevation Unit into compliance; however, if the owners of the Custom Modification Units or Below Elevation Units desire to pay for the additional work required to their Unit to make such Unit eligible to receive the Elevation Certificate and LOMC, the owner of such Unit may receive reimbursement in the amount equal to the average cost of the Standard Modifications, which is $5,728 after the work is completed. d. Indemnification Agreement. RCOA agrees, as a condition to the receipt of the Funds, to enter .into that certain Indemnification Agreement, the form of which is attached hereto as Exhibit "C" whereby RCOA agrees to hold the City harmless and indemnify the City from any and all liability that may arise relating to this Agreement or the Contrapt for Improvements. Page4 of9 M:\Rancho Carlsbad\471 Flood\2015 Ag1 Wiih Cicy\Scttlement Agreement Re Flood Plain Vl4.Docx e. Oversight of Modifications. RCOA will enter into an agreement and retain the services of Carl Miller ofMobilehome Unlimited as the general contractor ("Contractor") to oversee, and as may be applicable, perform the Standard Modifications to the participating Affected Units. RCOA shall enter into an agreement with a process consultant ("Process Consultant") who shall perform services on· behalf of RCOA and the City in the furtherance of this Agreement. The costs and expenses of the Contractor and the Process Consultant shall be included in the costs of the project and paid for as a reimbursable cost out of the Fund pursuant to the tenns of this Agreement. The Contractor will be responsible for submitting all required applications for, processing and obtaining required permits, scheduling the Standard Modifications, coordinating with individual households, hiring subcof!tractors and such other customary and ordinary oversight duties. f. Oversight of Unit Owners. RCOA shall require that all Unit owners participating in the reimbursement program satisfy the followfng requirements: (i) enter into that certain Indemnification and Hold Harmless Agreement, in the form attached hereto as Exhibit "D" which shall be recorded in the official records of the County Recorder's office for the County of San Diego; (ii) enter into a written consent or authorization agreement authorizing the general contractor and any subcontractors to perform the Standard Modifications to the Unit, obtain the Elevation Certificate and submit the LOMC; and (iii) full cooperation with the City, engineers, general contractors, subcontractors and RCOA to complete, submit and process the LOMC. In the event a Unit owner declines to participate in the reimbursement program, RCOA shall use reasonable efforts to document such decline through either a written statement or notes of any verbal communication. g. Oversight of Funds. RCOA will be responsible for reviewing and paying all invoices . submitted to RCOA from the Contractor or Process Consultant. Only those invoices or requests for reimbursement which relate to the Standard Modification, surveying., . engineering, and/or permit costs for the preparation or issuance of the Elevation Certificate, or the submission and processing of the LOMC shall be eligible for payment or reimbursement from the Fund. Owners of the Standard Modification Units will be entitled to have all costs and expenses outlined herein and related to the removal of the Unit from the flood zone paid for from the Fund up to the amount estimated for that Unit in Exhibit "A". The costs of any Custom Modifications, in excess of the cost of the average Standard Modification, will be paid for solely and absolutely by the owner of the Custom Modification Units. 5. Fund Management, Escrow Instructions and Joint Responsibilities. a. Establish Trust Account. The RCOA shall establish a Trust Account with Pacific Western Bank, located at 900 Canterbury Place, Escondido, California 92025 ("Trust Account''). RCOA shall administer the Trust Account in accordance with the terms set forth in this Section 5. b. Payment of Invoices. RCOA shall, upon receipt of review and approval of the invoices submitted by the Contractor or the Process Consultant, promptly prepare checks for payment of the invoices. All checks for payment shall be written at RCOA and shall be signed by two members of the Board of Directors ofRCOA. · Page5of9 M:\RanchoCarlsbad\471 Flood\2015 Agt With City\Selllement Agreemenl Re Flood Plain V14.Docx c. Tracking of Account Funds. RCOA shall establish an excel spreadsheet to track all work to be performed for each of the Affected Units; the cost of the Standard Modifications for the Affected Units, the submission and approval of invoices, advancement of funds for payment of materials, and payments from the-Trust Account. RCOA will submit to the City the excel spreadsheet tracking all work and funds on a monthly basis (by the tenth (10th) day of each month for the previous month's information). The City shall have the right to review all Trust Account records, including bank statements, checks, and tracking sheets with IO days' notice. d. Closing Trust Account. RCOA will require all participating Affected Units to complete the Standard Modifications to their Unit within one (1) year of the Notification Meeting; however, RCOA shall grant extensions of time, in its reasonable discretion, up to an additional six (6) months. Upon the completion of the Standard Modifications for the participatingAffected Units, and the issuance of the Elevation Certificates, RCOA shall do a final accounting of the Trust Account which final accounting shall be submitted to the City for review and approval. If the final accounting shows that there are excess funds (as a result of eligible Affected Units not participating in the program), RCOA shall have the right to reimburse itself for the following costs: · i. Notary Fees: $IO per signature per participating Affected Unit ii. Recording Fees: $35 (not to exceed) per participating Affected Unit 111. Management Fees: $100 per participating Affected Unit iv. Bank Fees: At actual costs v. Final Accounting Fee: $7,500.00 In the event there are any funds remaining in the Trust Account after the final accounting and any reimbursements to RCOA of the approved costs outlined above, the remaining balance shall be returned to the City. The City shall review and approve the final accounting within twenty (20) calendar days of submission to the City and a failure to disapprove of the accounting shall be deemed an approval thereof. RCOA shall retain all books, records, reports, and accounting documents for a period of two (2) years from the date of this Agreement. 6. Notices. Any notice, report, approval or consent required or permitted to be given hereunder shall be in writing and shall sent by: (i) certified or registered mail, postage prepaid, return ·receipt requested, (ii) personal delivery, or (iii) a recognized overnight carrier that provides proof of delivery, and shall be addr<?ssed as follows: If to City: City of Carlsbad Attn: Glen Van Peslci 1635 Faraday Avenue Carlsbad, California 92008 . Tel: (760) _______ _ Page6of9 M:\Rancho Carlsbad\471 Flood\2015 Agt With City\Settlemenl Agreement Re Flood Plain Vl4.Docx With copy to: IftoRCOA: With copy to: Carlsbad City Attorney Attn: Celia Brewer, Esq. 1200 Carlsbad Village Drive Carlsbad, California 92008· Tel: (760) 434-2891 Rancho Carlsbad Owners Association 5200 El Camino Real Carlsbad, California 92010 Tel: (760) 438-0333 The Loftin Firm, P.C. Attn: L. Sue Loftin, Esq. 5760 Fleet Street, Suite 1 I 0 Carlsbad, California 92008 Tel: (760) 431-2111 Notices shall be deemed effective upon receipt or rejection only. If either Party desires to change its address for the purpose of receipt of notice, such notice or change of address shall be given in the manner specified herein. However, unless and until such written notice of change of address is actually received, the last address and addressee as stated by written notice, or provided herein ifno written notice or change has been received, shall be deemed to continue in effect for all purposes hereunder. This notice provision shall be inapplicable to any judicial or non-judicial proceeding where California law governs the manner and timing of notice, commencing and prosecuting an action, commencing and prosecuting a foreclosure, or seeking the appointment of a receiver 7. Miscellaneous. a. Amendments. This· Agreement may only be amended, supplemented or modified by a written instrument duly executed by or on behalf of each party. b. Waiver. Any term or condition of this Agreement may be waived at any time by the party that is entitled to the benefit thereof, but no such waiver is effective unless set forth in a writing signed by or on behalf of the waiving party. No waiver by any party ofany term or condition is deemed to be a waiver of the same or any other term or condition on any future occasions. c. Headings. The headings in th_is Agreement are for convenience only and do not in any way limit or exclusively define the terms and provisions hereof. d. Time of Essence. Time is of the essence of this Agreement. e. Severability. If any term, provision, covenant, or condition of this Agreement is held in a court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such term, Page7.of9 M:\Rancho Carlsbad\471 Flood\2015 Agt With City\Settlement Agreement Re Flood Plain Vl4.Docx provision, convent or condition shall be excluded to the extent of such invalidity, illegality or unenforceability; al I other terms, provisions, covenants or conditions remain in full force and effect so long as the essential terms of the transactions contemplated hereby remain ·enforceable; and the Agreement shall be construed so as to effect the original intent of the parties as clearly as possible. f. Further Assurances. Each party shall use reasonable efforts to take, or cause to be taken, alt actions or requests by the other party thafare necessary or qesirable to consummate and make effective the transactions that this Agreement contemplates. g. Ambiguity. This Agreement has been freely negotiated and drafted by both parties. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of this Agreement h. Counterparts. This Agreement may be exe_cuted in counterparts, alt of which, when taken together, shall constitute a fully executed original. Electronic or facsimile signatures shall have the same force and effect as original signatures. The parties hereto intend to be bound by the signatures on the facsimile or electronic document, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the use of a facsimile or electronic signature. i. Successors and Assigns. The parties hereto agree that this Agreement and all of its terms shall be binding on the parties and each of them, and, as applicable, on their heirs, executors, administrators, dependents, predecessors, successors, subsidiaries; divisions, alter egos, affiliated corporations, parent corporations and related entities, and their agents, attorneys, officers, directors, successors and assigns. j. Entire Agreement. This Agreement, together with the Exhibit attached hereto, constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, express or implied, and all negotiations or discussions of the parties, whether oral or written, and there are no warranties, representations or agreements among the parties in connection with the subject matter hereof except as set forth herein. k. Governing Law. This Agreement and all rights and obligations of the parties arising out or relating to this Agreement, or the negotiation, execution or performance thereof, are governed by and construed in accordance with the laws of California without giving effect to any conflict or choice of law provisions that would result in the imposition of any other state's laws. [signatures on following page] Page8of9 M:\Rancl!o Carlsbad\47 J Flood\2015 Agt With City\Settlement Agrttment Re Floo,f Plain VJ4.Docx IN WITNESS WHEREOF, the duly authorized representative of each party has executed and delivered this Agreement as of the Effective Date. "CITY" CITY OF corporaf CARLSBAD, a municipal e fCalifomia By:-:-K'-'-,,--,b'"--->o,,~------~3-/-'~~--~· City Manager APPROVED AS TO FORM: Celia A. Brewer, City Attorney By: £l..t1=c4? "RCOA" RANCHO CARLSBAD OWNERS ASSOCIATION, INC. a California nonprofit mutual benefit corpora"4Ation ?, / . By: ~A,.~ Name:' '4 /.... #~!US I OIE/l. Its: President Page9of9 M;\Rancho Carlsbad\471 Flood\2015 Agt With City\Settl•mentAgreement Re Flood Plain Vl4.Docx EXHIBIT "A" Affected Units Spreadsheet Exhibit "A'' i f f.• Mod. Typo Unit No, House No. B 229 340S SM 228 3411 SM 227 3419 SM 226 3427 SM 225 3435 SM 224 3443 SM 244 5302 SM 245 S310 SM 246 S3l6 SM 247 S326 SM 248 5342 SM 249 5350 B 250 S3S8 Rancho Carlsbad Mobile Homes in FEMA 100-year floodplain Stroot Nam• Don Alvarez Drive Don Alvarez Drive Don Alvare>. Drive Don Alvarez Drive Don Alvarez Drive Don Alvarez. Drive Don Alvare, Drive Don Alvarez Drive Don Alvare>. Drive Don Alvaret Drive Don Alvarez Drive Don Alvarez Drive Don Alvarez Drive Utility Markout sklrtlnL Tiedown, Custom Lump Aircond. Survov/EI Cert. Buildil,g Permit ProcessCon~ultant Sum Below Elevar10n-House lift $90,000.00 $ ' -----• 593.00 $ 83.00 S 400.00 $ $ 3,200.00 $ 475.00 $ ' -----' • -·---• 593.00 $ 83.00 $ 400.00 $ $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 $ -----593:00 $ 83,00 $ 400.00 $ $ 2,800.00 $ 475.00 s· 593:00 $ 83,00 $ ' -----' ------593.00 $ 83.00 $ 400.00 $ ' -----" 593.00 $ 83.00 $ 400.00 $ $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 $ $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 s • -----• • -----593.00 $ 83.00 $ 400.00 $ $ 3,200.00 $ 47S.OO $ 593.00 $ 83.00 $ Tot•I Est, Not to Exceed 90,000.00 $ 5,728.39 6,351.00 $ 6,351.00 5,9Sl.OO s 5,951.00 S,951.00 s 5,951.00 5,951.00 $ 5,951.00 5,951.00 $ S,9S1.00 6,351.00 $ 6,351.00 -------·· -· 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00 $ 3,200,00 $ 475.00 $ 593.00 $ 83.00 $ -----593.00 $ 83.00 $ 400.00 $ 5,551.00 $ 5,551.00 s 2,400.00 $ 47S.OO s 593.00 $ 83.00 $ --· ·-593.00 $ 83.00 $ 400.00 $ 5,876.00 $ 5,876.00 -----593.00 $ 83.00 $ 400.00 $ 5,951.00 $ 5,951.00 • -----• . -----• 593,00 $ 83,00 $ 400.00 $ 6,351.00 $ 6,351.00 $ 3,200,00 NDAIR $ S93.00 $ 83.00 $ $ 2,800.00 $ 475.00 $ S93.00 $ 83.00 $ s· 3,200.00 $ 475.00 $ 593.00 $ 83,00 s Custom Modification Below Elevation· House Uft $90,000.00 $ 90,000.00 $ 5,728.39 B 251 5366 Don Alvarez Drive Custom ModlnoaUon Below Elevation -House Ult $90,000.00 $ 90,000.00 $ 5,728.39 SM 289 3432 Don Arturo Drive $ 500.00 $ 1,100.00 $ 2,000.00 S 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,151.00 $ 5,151.00 SM 290 3440 Don Arturo Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 S 593.00 $ 83.00 S 400.00 $ 6,351.00 S 6,351.00 :~,.:'. '.:'!:,l,1.ij'&,i,;,':;~.:;;,.:a~~,: :'' .. 'cioli,G&!i"i:i'/{-siii~:P{¢.i/~ii;f.~QL1t,'ciltio'.(l'fpn1ill~1I'J?~lliif'ct';::;J: : ,. ii"" i·:. '' ·k/s' ·•.,:-,./?' {,· :g;'1f~ ::-: -:·.' ~~>i'°V~"-I-:.,A).·.i, ·-:·}B;~,j5,Q/f,'tt,t"~ ·:~~fl w.i:J$j,i~~;~~~ NI 243 3407 Don Cota Drive New Installation $ $ 475.00 $ S93.00 $ 83.00 $ 400.00 $ 1,551.00 · $ 1,S51,00 SM 242 3413 Don Cota Drive $ 500.00 $ 1,100.00 $ 3,200.00 NO AIR $ 593,00 $ 83,00 $ 400.00 $ 5,876.00 S 5,876,00 SM 231 3414 Don Cota Drive S 500.00 $ 1,100,00 $ 2,800.00 $ 475.00 $ 593.00 S 83.00 $ 400,00 $ 5,951.00 $ 5,951.00 SM 241 3421 Don Cota Drive $ S00.00 $ 1,100,00 $ 3,200.00 NO AIR $ 593,00 $ 83.00 $ 400.00 $ 5,876.00 $ 5,876.00 SM 232 3422 Don Cota Drive $ 500,00 $ 1,100.00 $ 2,000.00 $ 47S:oo S S93.oo· $ 83.00 $ 400,00 $ 5,151.00 $ 5,151.00 o,l :fti~'~'\Iot~:.::;;~:t3':Jiifa.: ;. ;-i,,;i;;®b'i;>ilv~t\'.t:lt11stoi,iini~\i~i'.~~ri~J/&if.~•\!7!S?~~1s,i;;it,:•~i/\ ·~."-:. )).,:..,·::fr;r,h ;~\'],;, ~iir:~111 '!<, • 1·?i:tif',t: .~_,:;;,.Ji t: __ -·: · {~~;°6'7$Jop,(~i·i~I!ihJ'-.~/wl!.4~i;i:ib-,:u;~;-~ SM 233 3430 Oon Cota Drl\lc $ 500,00 S l,100.00 S 3,200.00 s· 475.00 $ 593.00 $ 83.00 $ 400.00 S 6,351.00 $ 6,351.00 SM 239 3437 Don Cota Drive · $ 500.00 $ U00.00 $ 3,200.00 NO AIR $ 593.00 $ 83.00 $ 400.00 $ 5,876.00 $ 5,876.00 SM 234 3438 QonCotaDrlve $ 500.00 S 1,100,00 $ 3,200.00 $ 475.00 $ 593,00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00 SM 252 3402 DonJoseOrive S 500.00 $ 1,100:00 $ 3,200.00 $ 475.00 $ 593.00 $ .83,00 $ 400.00 S 6,351.00 $ 6,351.00 SM 253 3408 Don Jorn Drive $ 500.00 $ 1,100.00 $ ' 2,800.00 NO AIR $ 593,00 $ 83.00 $ 400.00 $ 5,476.00 $ 5,476.00 SM 2S4 3414 DonJoseOrlve $ 500.00 $ 1,100.00 S 3,200.()p s· 4-75.00 $ 593,00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00 SM 272 , 3415 Dan Jo1e Drlv,, $ 500.00 S l,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00 SM 255 3420 Don Jose Drive $ S00.00 $ 1,100.00 $ 3;200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351..9() CM . >: ,; 1iz;3.'1~'.} '.;i-) . .'j;/2L. . ; cioriiose'r;i,~':f-! q,:Si~1i™'l?'~11/~ilo~;l-:iiii~fo~i:f.2Iiii~i~1'{ : '<i'. ~~ ,· . : ;,..: .;; :_ ': \;'~ . . ..'(:it:·.,;;:. ;_\): :;:::;; ~\{;:'.';~-i:: . .. ::: ; ,\:\:) ~µci;oci_q,qg :.:..,;~ ''iifo.;&l!)'.ji~:!; $ ·::1_s,'fil :a1', SM 256 3426 Don Jose Drive $ 500.00 $ 1,100.00 $ 3,200.00 S 475.00 S 593.00 S 83.0!) $ 400.00 $ 6,351.00 S 6,351.00 SM 257 3432 DonJoseDrive $ 500.00 S 1,100.00 $ 1,600.00' $ 475.00 $ 593,00 $ 83.00 $ 400,00 S 4,751.00 $ 4,751.00 ,Mi _;_, i/f;ii}l ).\,-:-'> ;1.i3h .-ioon:1.ii~~•b.i¾e1l:·C<isi(i!ii;~M1~:fi.sfl.'1•i;iii~~~«<1fijg!ifA:~.~::' _-: ;';;3_:~,,:::,:f.~i•,'}.t~,~:-, ···;;,:·· · \:::·\ ·· · .. , i11Q,ooo.ciii~•:-;-s~1t:Q:@$f ::$ -·,,;,;-1fi;,9i SM 258 3438 Don Jose Drive $ 500.00 $ 1,.100.00 $ 2,000.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,151.00' $ 5,151.00 SM 259 3444 Don Jose Drive $ 500.00 $ 1,100.00 $ 3,2QO.OO S 475.00 S 593.00 $ 83.00 $ 400.00 $ 6,351.00 S 6,351.00 SM 260 3450 Don Jo,. Drive $ 500.00 ~ 1,100.00 $ 2,800.00 NO AIR $ S93.00 $ 83.00 $ 400.00 $ 5,476.00 $ 5,476,00 SM 261 3456 DonJoseD1fve, $ 500;00 $ 1,100.00 $ 2,400.00 $ 47S.OO $ 593.00 $ 83,00 $ 400.00 S 5,551.00 $ S,551.00 CM .. -' < ._:,Jh r-':·'. . ,: ·;14~0 Doli·~uao'CirJve ::;cu.siont~Pd!flca\loiJ ~\Jn115ualdind11iop, -:-· . ~-,, ·-s~o,poo:oo:' ''.,'$': .. 20i9!l0:ixt ;s '. _5;'1~:39; SM 274 3438 Don Juan Drive $ S00.00 S 1,100.00 S 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400,00 $ 6,351.00 $ 6,351.00 Rar,cho Carlsbad Mobile Homes in FEMA ·100,year floodplain Mod. Utillty Cu5tomlump Type Unit No. House No, Str~et Name Merkout Sl<irtlng Tledowns Alrcond, survey/El Cert. Building P01mi1 Process Consultant Sum TOl•IEst. Notto Exceed B 211 5101 Don Mata Drive Below Elevation • House Llt $90,000.00 $ 90,000.00 $ 5,728.39 CM 169 5102 Don Mata Drive OJstom Modlficatlon -No Estimate $ 5,728.39 B 170 5106 Don Mata Drive Below Elevation. House Lift $90,000.00 $ 90,000.00 $ 5,728.39 SM 212 5107 Don Mata Drive s soo.oo s 1,100.00 s 3,200,00 $ 475.00 s 593.00 s 83.00 $ 400.00 s 6,351,00 s 6,351.00 8 171 5110 -Don Mata Drive Below Elevatlon-House Lift $90,000.00 s 90,000.00 s 5,728.39 SM 213 5115 Don Mata Drive s 500.00 s 1,100.00 s 2,800.00 s 475.00 s 593,00 s 83.00 $ 400.00 $ 5,951.00 $ 5,951.00 B 172 5116 Don Mata Drive Below Elevatlon • House Lift $90,000.00 $ 90,000.00 $ 5,728.39 SM 210 5117 Don Mata Drive $ 500.00 s 1,100.00 $ 3,200.00 NOAIR s 593.00 s 83.00 $ 400.00 $ 5,876.00 $ 5,876.00 8 173 5120 Don Mata Drive BelowElevalion-House Lift $90,000.00 $ 90,000,00 $ 5,728.39 SM 214 5121 Don Mata Drive s 500.00 s 1,100.00 s 1,400.00 $ 475.00 s 593.00 s 83.00 s 400.00 s 4,551.00 $ 4,551.00 SM 174 5124 Don Mata Drive s 500.00 $ 1,100.00 s 2,800,00 NOAIR s 593.00 S 83,00 $ 400.00 s 5,476.00 $ 5,476.00 SM 209 5128 Don Mato Drive s 500.00 s 1,100.00 s 3,200,00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 s 6,351.00 s 6,351.,00 SM 215 5129 Don Mata Drive $ 500.00 s 1.100.00 s 2,000,00 NOAIR s 593.00 s 83.00 s 400.00 s 4,676.00 s 4,676.00 SM 208 5132 Don Mata Orlve $ 500.00 $ 1,100.00 s 3,200.00 NOAIR s 593.00 $ 83.00 s 400.00 s 5,876.00 s 5,876.00 SM 216 5135 Don Mata Drive s 500.00 s 1,100.00 s 2,000.00 $ 475.00 s 593.00 s 83.00 s 400.00 s 5,151.00 s 5,151.00 SM 217 5143 Don Mata Drive s 500.00 s 1,100.00 s 2,400.00 NOAIR s 593.00 s 83.00 $ 400.00 s 5,076.00 $ 5,076.00 SM 207 5144 Don Mata Drive s 500.00 $ 1,100.00 s 2,800.00 s 475.00 $ 593,00 s 83.00 $ 400,00 s 5,951.00 s 5,951.00 SM 206 51SO Don Mata Drive $ 500,00 s 1·,100.00 $ 2,400.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,551.00 $ 5,551.00 SM 218 51~1 Don Mata Drive $ 500.00 $ 1,100.00 s 2,800,00 $ 47S,00 $ 593,00 s 83.00 $ 400,00 s 5,951,00 $ 5,951,00 SM 219 5157 Don Mata Drive $ 500.00 $ 1,100.00 $ 2,400.00 NOAIR s 593.00 $ 83.00 s 400,00 $ 5,076.00 $ 5,076.00 SM 205 5158 Don Mata Drive $ 500.00 $ 1,100.00 $ 1,600.00 NOAIR $ 593.00 $ 83.00 s 400.00 $ 4,276,00 $ 4,276.00 SM 220 5163 Don Mata D1ive $ 500.00 s 1,100.00 $ 3,200.00 s· 475.00 $ 593.00 $ 83.00 s 400,00 $ 6,351.00 $ 6,351.00 SM 204 5166 Don Mata Drive s 500.00 $. 1,100,00 $ 3,200.00 NOAIR $ 593.00 $ 83,00 $ 400,00 $ 5,876.00 $ 5,876.00 SM 221 5171 Don Mata Drive s 500.00 $ 1,100.00 s 3,200.00 $ 475.llO $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00 SM 203 5172 Don Mata Drive $ 500.00 $ 1,100.00 s 2;400,00 $ 475,00 $ 593.00 s· 83,00 s 400,00 $ 5,5S1.00 $ 5,551,00 SM 222 5177 Don Mata Drive s 500.00 s 1;100.00 s 3,200.00 $ 475.00 $ 593.00 s 83.00 $. 400.00 s 6,'351.00 $ 6,351.00 SM 202 5178 Don Mata Drive s S00.00 $ 1,100.00 $ 2,000.00 S 475.00 $ 593.00 s 83.00 $ 400,00 $ 5,151,00 $ S,151,00 B 223 5183 Don Mata Drive Below Elevation• House Ult $90,000.00 $ 90,000.00 s S,728.39 SM 168 5101 Don Miguel Drive $ 500:oo $ 1,100.00 $ 2.~00.00 $ 475.00 '$ 593.00 $ 83.00 $ 400,00 s 5,551.00 $ 5,551.00 SM 167 5105 Don Miguel Dnve $ 500.00 $ 1,100.00 s 1,200.00 s _475.00 s 593.00 $ 83,00 s 400.00 $ 4,35I,00 $ 4,351.00 SM 151 5108 Don Miguel Drive S· 500.00 $ 1,100.00 $ 3,200,00 $ 475.00 $ 593.00 s 83.00 $ 400.00 s 6,351.00 $ 6,351.00 Sll!I 166 5109 Don Miguel Drive $ 500.00 s 1,100.00 s 2,700.00 $ 475.00 s 593.00 $ 83.00 $ 400,00 $ 5,851.00 $ 5,851.00 SM 152 5114 Don Miguel Drive $ 500.00 $ 1,100.00 $ 2,800.00 $ 475.00 s 593,00 $ 83.00 s 400.00 $ 5,951.00 $ 5,951.00 SM 165 SUS Don Miguel Drive $ 500.00 $ 1,100.00 s 2,700,00 S 475.00 $ 593.00 $ 83.00 s 400,00 $ S,851.00 s 5,851,00 SM 153 5120 Don Miguel Drive $ 500.00 $ 1,100.00 s 3,200.00 s 475,00 $. 593,00 $ 83 .. 00 s 400,00 $ 6,351.00 s 6,351.00 SM 164 5121 Don Miguel Drive $ 500.00 s 1,100.00 $ 2,700,00 s 475.00 $ 593,00 s 83.00 $ 400,00 s 5,851.00 s 5,851.00 SM 154 5126 Don Miguel Drive s 500.00 $ 1,100.00 s 2,000.00 s 475.00 $ 5.93.00 s 83.00 $ 400.00 $ S,151,00 $ 5,151.00 SM 163 5127 Don Miguel Drive $ 500.00 $ 1,100.00 $ '3,200.00 NOAIR $ 593.00 $ 83.00 $ 400:00 $ 5,876.00 $ 5,876.00 SM 162 5133 Don Ml9uel Dr1ve $ 500.00 s 1,100.00 $ 2,800.00 $ 475.00 $ 593.00 $ 83,00 $ 400.00 $ 5,951.00 s 5,951.00 SM 155 5134 Don Miguel Drive $ 500.00 $ 1,100.00 s 3,200.00 NOAIR s 593.00 $ 83.00 $ 400.00 s 5,876.00 $ 5,876.00 SM 161 5139 Don Miguel Drive $ 500.00 $ 1,100.00 $ 2,800.00 s 475.00 s 593.00 $ 83.00 $ 400.00 $ 5,951.00 $ 5,951,00 Mod. lVP• SM SM SM SM SM SM SM SM (M~ SM SM SM SM B B B SM B SM B SM B SM SM SM 8 B SM SM SM SM SM SM SM SM SM SM SM SM NI SM Unit No. 1S6 160 157 159 158 106 105 104 . 53 275 288 287 276 l.44 143 145 146 142 147 141 148 140 149 139 150 138 137 136 135 134 133 132 131 130 129 128 127 66 65 64 63 House No. S140 5145 5146 5151 5157 5202 5210 5216 ;2·"33~ 3434 3435 3441 3444 5101 5118 5119 5125 5128 5135 5136 5141 5144 5147 5152 5155 5163 5165 5201 5211 521S S227 S239 5241 5253 52S5 5267 5279 S302 S308 5314 5320 Rancho Carlsbad Moblkl Homes In FEMA 100-year floodplain Street Name Don Miguel Drive S Don Miguel Drive $ DonMlguelDfive $ Don Miguel Dr!Ye $ Utility M1rkout 500.00 S 500.00 $ 500.00 $ 500.00 $ Don Miguel Drive S 500.00 $ Don Miguel Drive S 500.00 $ Don Mlcuel Drive $ 500.00 S Don Miguel Drive $ S00.00 $ Sklnin!_ 1,100.00 $ 1.100.00 $ 1.100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1;100.00 S Tledown• 2,000.00 $ 2,000.00 2,000.00 $ 2,800.00 2,800.00 $ 3,200.00 $ 3,200.00 1,600.00 Alrtond. Su~EI Cert. Buildll!l,Petmit Proc;eu Consultant 475,00 $ NOAJR $ 475.00 $ NOAJR $ 475.00 $ 47S.OO $ NOAIR $ NOAJR $ 593.00 $ 593.00 $ S93.00 $ S93.00 $ S93.00 $ 593.00 $ 593.00 $ S93.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 400,00 400.00 400.00 «>0.00 400.00 400.00 400,00 400.00 ,D.ort.Pabfi!lirive ~ ·.c~~ · ~ ~r":t1;~· ~t?~-:'" Don Porfirio Drive $ S00.00 $ Don Porfirio Drive S 500.00 S Don Porfirio Drive $ 500.00 S Don Porfirio Drive S 500.00 S 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ Don Ricardo Drive ae1ow·e1evat1on • House Ult Don Ricardo Drive Below Elevation -House Lift Don Ricardo Drive Below Elevalion • House Lift Don Ricardo Dr1vc S 500.00 $ 1,100.00 $ DonRlcordoOrive ·Below Elevation-House Lift Don Ricardo Drtve S 500.00 $ 1,100.00 $ Don Ricardo Dr!Ye Below Elevalion-House Ult Don Ricardo Drlve S 500.00 $ 1,100.00 $ Don RlcardoDrlve BclowElcvalion. t,iousc Ult Don Ricardo Drive $ SOD.OD $ 1,100.00 $ Don Ricardo Drive S 500.00 $ 1,100.00 $ Don Ricardo Drive $ 500.00 $ 1,100.00 S Don ~Icardo Drive BetowElevatloo-HouseUft Don Ricardo Drtve Below Elevation• House Lilt Don Ricardo Drive S 500.00 S 1,100.00 $ Don Ricardo Drive $ S00.00 $ 1,100_00 S Don Ricardo Drlve $ 500.00 $ 1,100.00 $ Don Ricardo Drive $ 50000 $ 1,100.00 $ Don Ricardo Drive $ 500.00 $ 1,100.00 S Don Ricardo Drive $ 500.00 S 1,100.00 S oon Rlcaroo Drive $ 500.00 $ 1.100.00 $ OonRlcardoDrive $ SOD.OD $ 1,100.00 $ Don Ricardo Drive $ 500.00 $ 1,100.00 $ Don Ricardo Drive $ 500.00 $ 1.100.00 $ Don Ricardo Drive S S00.00 $ 1,100.00 $ Don Ricardo Drive $ 500.00 $ 1,100.00 $ Don Rk:ardoDrlve DonRlcardoDrlse New lnstallatlon S 500.00 $ 1,100.00 $ 2,400.00 3,200.00 2,000.00 2,400.00 $ 2.000.00 $ 3,200.00 $ 2,800.00 S 2,800.00 $ 1,600.00 $ 2,000.00 $ 1,600.00 $ 2,800.00 $ 3,600.00 $ 2,800.00 3,200.00 $ 3,200.00 $ 3,200.00 $ 2,400.00 $ 3,200.00 $ 3,200.00 $ 1,600.00 $ 3,200.00 $ $ .2,000.00 $ NOAJR $ NOAIR $ NOAIR $ 47S.OO $ 47S.OO $ 47S.OO $ 47S.OO S 475.00 $ 47S.OO S 47S.OO $ 47S.OO $ 47S.OO $ 475.00 S NOAJR $ 475.00 $ 475.00 $ 475.00 $ 47S,00 S 47S.OO $ 47S.OO $ 47S,OO $ 47S.OO $ 475.00 $ 47S.OO $ 593,00 $ 593.00 $ 593.00 $ 593.00 $ 593,00 $ 593,00 $ 593.00 $ 593.00 $ 593.00 $ 593,00 $ 593.00 $ 593.00 S 593.00 $ 593,00 $ 593.00 $ 593.00 $ S93.00 $ S93,00 $ S93.00 $ S93.00 $ S93.00 S 593.00 ,$ 593.00 $ S93.00 S 83.00 $ 83.00 $ 83.00 $ 83,00 $ 83.00 $ 83.00 $ 03.00 $ 83.00 $ 83,00 $ 83.00 $ 83.00 $ 83.00 . $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 Cllstomlllmp Sum $ s $ $ s $ $ $ ::.S.u.61i.OO ;,.:,;~ $ $ $ $ $90,000.00 $ $90,000.00 $90,000.00 $90,000.00 $ $ s $ $ $90,000.00 $ $ $90,000.00 $ $ $ $ $90,000.00 $ $90,000.00 $ $ s $ $ $ $ s $ $ s s s $ $ Total Est. Not to E1ceed s,1s1.00 s 4,676.00 $ 5,151.00 $ S,476,00 S 5,951.00 $ 6,351.00 $ 5,876.00 $ 4,276.00 $ 1,1,675,00 $ : S,076.00 $ 5,876.00 $ 4,676.00 $ 5,551.00 $ 90,000.00 $ 90,000.00 $ 90,000.00 $ 5,151.00 $ go;ooo.oo s 6,351.00 $ 90,000.00 $ 5,951.00 $ 90,000.00 $ 5,951.00' $ 4,751.00 $ 5,151.00 $ 90,000.00 $ 90,000.00 $ 4,751.00 $ 5,951.00 $ 6,751.00 $ 5,476.00 $ 6,351.00 $ 6,351.00 $ 6,351.00 $ S,S51.00 $ 6,351.00 $ 6,351.00 $ 4,751.00 $ 6,351.00 $ 1,551.00 $ s,1s1.00 s 5,151.00 4,676.00 5,151.00 5,476.00 5,951.00 6,351.00 5,876.00 4,276.00 $,~:39 5,076.00 5,876.00 4,676.00 5,551.00 5,728.39 5,728.39 5,728.39 5,151.00 5,728.39 6,351.00 5,728.39 5,951.00 5,728.39 S,9S1.00 4,751.00 5,151.00 5,728,39 5,728.39 4,751.00 5,951.00 6,751.00 5,476.00 6,351.00 6,351.00 6,351.00 5,551.00 6,351.00 6,351.00 4,751.00 6,351.00 1,551.00 5,151.00 Rancho Carlsbad Moblle Homes In FEMA 100-year floodplain Custom lump Mod. Type Unit No. H~!_eNo. st,eet Name Utility Markout Sklrt!S, '!11!~• All tond. Sun,ey/EI Cert. Buildlnc Pelmit P<ouu Consubnt Sum Total En. Not to E.ceed SM 62 5328 Oon Ricardo Drive $ 500.00 $ 1,100.00 $ 2,000.00 $ SM 61 5336 Oon Rlca1do Drive $ 500.00 $ 1,100.00 $ 2,400.00 SM 60 5342 Oon Rlurdo Drive $ 500,00 $ 1,100,00 $ 2,400.00 $ SM 59 5348 Oon Ricardo DriVe $ 500.00 $ 1,100,00 $ 2,800.00 $ SM 58 S3S6 Oon Ricardo Drive $ S00.00 $ 1,100.00 $ 3,200.00 $ SM 201 S123 Don Rodolfo Drive $ S00.00 $ 1,100.00 $ 1,600.00 $ B 17S S128 Don Rodolfo Drive Bolow Elevation• House (1ft 47S,OO S NOAIR 47S.OO 47S.OO 47S,00 475.00 $ s $ $ $ 593.00 $ 593.00 $ S93.00 S 593.00 S S93.00 $ 593.00 $ 83.00 $ 83,00 S 83.00 $ 83.00 $ 83.00 $ 83.00 $ SM 200 5131 Don Rodolfo Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475,00 $ 593.00 $ 83.00 $ SM 176 5132 Oon Rodolfo Drive S 500.00 $ 1,100.00 $ 2,800.00 $ 47S.OO $ S93.00 $ 83.00 $ SM 177 5136 Oon Rodolfo Drive $ 500.00 $ l,100.00 $ 2,400.00 NO AIR $ 593.00 $ 83.00 $ SM 199 S139 Don Rodolfo Drive $ S00.00 $ 1,100.00 $ 3,200.00 $ 475,00 $ S93.00 $ 83.00 $ SM 178 S140 Don Rodolfo Drlve $ 500.00 $ 1,100.00 $ 3,200.00 NO AIR $ 593.00 $ 83.00 $ SM 179 5144 Don Rodolfo Drive $ 500.00 $ 1,100.00 $ 3.200.00 NO AIR $ 593,00 $ 83.00 $ SM 198 5147 Oon Rodolfo Drive $ 500.00 $ 1,100.00 $ 2,400.00 $ 475.00 $ S93.00 $ 83.00 $ SM 180 5148 Oon Rodolfo Drive $ 500.00 $ 1,100.00 $ 2,000.00 $ 475.00 $ S93.00 $ 83.00 $ SM 181 5152 Oon Rodolfo Dnve $ 500.00 $ 1,100.00 $ 2,000,00 NO AIR $ 593.00 $ 83,00 S .CM ;~Yl~1t \~iiJ.t; ~'r1~,:'.'~~/i5~ :.:· ' ; :,tfo~~~o~ifd~~l:!,(~,~~~~ffio~ia/nf~~~t3~~(.{!:~::~·..r.7t?r. .. r , ... ·:.:'i·t;{'~~{fJ,;r\ 1:: ~: -~~(~]~~·: •• : '.~ .:~ :.~. ::·-· ','\;~-I SM 182 S156 Don Rodolfo Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ SM 183 5160 Oon Rodolfo Drive $ 500.00 S 1.100,00 $ 3,200,00 NO AIR $ 593.00 $ SM 196 S163 Oon Rodolfo Drive $ 500.00 $ 1,100.00 $ 2,000.00 $ 47S.OO $ 593.00 $ SM 184 Sl64 Oon Rodolfo Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 47S.OO $ S93,00 $ SM 193 5192 OOnRodolfoOrlve $ 500.00 $ 1,100.00 S 1,600.00 $ 475.00 $ 593.00 $ SM 195 5198 Don Rodolfo Drive S 500.00 $ 1,100.00 S 3,200.00 $ 475.00 $ S93.00 $ SM 116 5201 Don Valdez Drive $ 500.00 $ 1,100.00 $ 2,000.00 NO AIR $ 593.00 $ CM U7 5202 DonValdezOrlve C'uS1omModlfluUon-NoEs!lrnate SM U8 S208 Don Valdei Ortve $ 500.00 $ 1,100.00 $ 2,800.00 $ SM US S209 Don Volde, Drive $ SOD.DO $ 1,100.00 $ 2,400.00 SM 114 5217 Don Valdet Drive $ 500.00 $ 1,100.00 $ SM 119 5218 DonValde>Drlve $ S00.00 $ 1,100.00 $ SM 113 5223 Don Veldei Drive S 500,00 $ 1,100.00 $ SM UO S228 Oon Valdez Drive S 500.00 $ 1.100.00 S 2,400.00 2,800.00 $ 2,800.00 $ 2,800,00 475.00 $ NOAIR NOAIR 475.00 475.00 NOAIR $ s $ $ $ SM 112 5229 Don Valdet Drive S S00.00 $ 1,100.00 $ 2,400.00 S 47S.OO $ SM 121 5232 Don Valdez Drive $ 500.00 $ 1,100.00 $ 1,600.00 NO AIR $ SM 111 S233 Don Valdez Drive $ 500.00 $ 1,100.00 $ 2.400.00 $ 475.00 $ SM 122 5240 OOnValdezDrlve $ 500.00 S 1.100.00 $ 2,800.00 $ 475.00 $ SM 110 5245 Oon Valdez Drive $ 500.00 $ 1,100.00 $ 3,200.00 S 47S.OO $ SM 123 5246 Oon Valdet Drive S 500.00 $ 1.100,00 $ 3,200.00 $ 47S.OO $ SM 109 5257 Don Valdez Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ SM 124 5258 Don Valdel Drive $ 500,00 $ 1,100.00 $ 2,800.00 NO AIR $ SM 108 5265 Don Valdel Drive $ 500.00 $ 1,100.00 $ 2,400.00 $ 475.00 $ SM 125 5268 Don Valdez Drive $ 500.00 $ 1,100.00 $ 2,800.00 $ 475.00 $ S93.00 $ 593,00 593.00 593.00 593,00 593.00 S93.00 593,00 593.00 593.00 593.00 593.00 593.00 593.00 593.00 S93.00 $ $ $ s s s $ s $ $ $ $ $ $ $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83,00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 S 83.00 S 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ ,.~.,.., 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 :·.,. · .. :. 400.00 400.00 400.00 400.00 400.00 400,00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400,00 400.00 400.00 400.00 400,00 400.00 400.00 400.00 400.00 $ 5,151.00 $ 5,151.00 $ 5,076.00 S 5,076.00 S S,551.00 $ S,551.00 $ 5,9SLOO $ 5,951.00 $ 6,351.00 $ 6,351.00 $ 4,751.00 $ 4,751.00 $90,000.00 $ 90,000.00 $ 5,718.39 $ 6,351.00 $ 6,351.00 $ 5,951.00 $ 5,9S1,00 $ 5,076.00 $ 5,076.00 $ 6,351.00 $ 6.351.00 $ 5,876.00 $ 5,876.00 $ 5,876.00 $ 5,876.00 $ 5,551.CIO $ S,S51.00 S 5.1S1.00 $ S,151.00 $ 4,676.00 $ 4,676.00 , s_1,;.°&7s:Pii . '.~'.:~:,: ti1_'{~\9):i '~\{{!/~Mil~·~ . $ 6,351.00 $ S 5,876.00 S $ 5,151.00 $ $ 6,351.00 $ $ 4,7S1.00 $ $ 6,351.00 $ $ 4,676.00 $ $ $ 5,951.00 $ S 5,076.00 $ $ S,076,00 $ $ 5,9Sl.OO $ S S,951.00 $ S 5,476.00 $ $ 5,551.00 $ $ 4,276.00 $ $ 5,551.00 $ S 5,951.00 S $ 6,351.00 $ $ 6,3S1.00 $ $ 6,351.00 $ $ 5,476.00 $ S 5,551.00 $ $ S,951.00 $ 6,351.00 5,876.00 5.151.00 6,3Sl.OO 4,751.00 6,351.00 4,676.00 S,728.39 5,951.00 5,076.00 S,076.00 5,951.00 5,9S1.00 5,476.00 5,551.00 4,276.00 S,551.00 S,9S1,00 6,351.00 6,351.00 6)51.00 5,476.00 5,551.00 5,951.00 Rancho Carlsbad Mobile Homes in FEMA 100•year floodplain Mod. Utlfitv Custom Lump Type Unit No, House No. Street Name Mal1<out Sklnlng lledowns Alrcond. suniev/EI cert. Bulktlog Permit Procen Consultant Sum Total Est. Not to Exceed SM 107 S271 Don Valdez Drive $ S00.00 $ 1,100.00 s 2,000.00 ·s 475.00 $ 593.00 $ 83.00 s 400.00 $ 5,151.00 $ 5,151.00 SM 126 5272 Don Valde, Drive $ 500.00 $ 1,100.00 s 2,400.00 $ 47S,OO $ 593.00 $ 83.00 $ 400.00 $ 5,551.00 $ S,551.00 166 Total Units $ 68,500.00 $ 150,700.00 $ 367,100.00 $ 48,925,00 $ 82,427.00 $ 11,537.00 $ 55,600.00 $1,903,700.00 $ 939,455.45 A $ 784,789.00 Total Cost of Standard Modlfitatlons 137 Units requiring standard modifications (SMI 18 Units with floor elevation below flood elevation IB) 8 9 Units requiring custom modifications (CM) s 5,728.39 Average Cost of Standard Modlflcatlon 2 Newer Installed Units (NI) C $ 154,666.45 Total of Average Cost Applied to CM and a units D $ 939,455.45 Grand Total (At C) EXHIBIT "B" Written Notification of Program (FORM) NOTIFICATION TO AND ELECTION BY ELIGIBLE HOMEOWNERS TO PARTICIPATE IN FLOOD MITIGATION PROGRAM The City of Carlsbad ("City") and Rancho Carlsbad Owners' Association, Inc. ("RCOA") have entered into an agreem·ent whereby the City will pay RCOA the sum of $940,000.00 to be used by eligible Homeowners of Units in the FEMA flood plain to perform specific work on their home to ultimately receive FEMA approval to remove the home from the flood plain. You are receiving this Notice as the owner of a Unit which is designated as being in the FEMA flood plain and you are eligible to participate in the Flood Mitigation Program. · The purpose of this Notice is to provide you, as an Eligible Homeowner, the opportunity to elect to participate in the Flood Mitigation Program or to waive your participation in the Flood Mitigation Program. This is an opportunity to mitigate flood hazards and to potentially remove your manufactured home from the FEMA flood map. This is a limited opportunity and will not be presented· in the future. Your participation in the Program, or waiverof participation, shall occur within the following timelines: 1. Return of This Form. If you elect to participate in the Flood Mitigation Program, this Form must be signed, dated and returned to RCOA on or before Ninety (90) days from [ ]. Return this completed Form to: Administration Building at the Park. 2. Failure to Retu·m This Form, If you elect not to participate in the Flood Mitigation Program or if you fail to return this Form electing to participate in the Program on or before I /, then you will be deemed to have elected to NOT participate in the Program, you will waive any and all benefits under the Flood Mitigation Program, waive your rights to receive any benefits under the program including payment of the costs ofimprovements to your home and removal from the FEMA flood plain designation, and waive any and all rights to make a claim against the City and/or RCOA regarding any future flooding or damage to yot1 unit and/or home. 3. Completion of Construction Work. The construction work required under the Flood Mitigation Program must be completed on or before I /. RCOA reserves the right to extend the date for completion provided you are reasonably cooperating with the contractors, City and RCOA for the completion of the work. · 4. Schedule for Work. As the Election to Participate is returned to Management, you wiJI be placed on the list of participating owners for prompt attention by the City. ELECTION TO PARTICIPATE By signing below, I/we, the undersigned owners of the unit identified below, hereby elect to participate in the Flood Mitigation Program and hereby consent to RCOA and its Contractor to access my/our unit for the purpose of performing the required work. · Exhibit "B" VWe, the undersigned, have (i) read or had the opportunity to read, the Settlement Agreement Regarding Flood Channel Dispute between the City and RCOA; (ii) had the Flood Mitigation Program adequately explained to us; and (iii) read the Indemnification and Hold Harmless Agreement between my/ourselves and RCOA. I/We further understand the scope and nature of the work to be performed to my/our home pursuant to the Settlement Agreement. I/We have had the time and opportunity to review the documents and to seek outside counsel regarding this ma:tter, ifwe chose to do so. Name(s) on Title to P~operty: Signature Property Address: ________________________ _ Mailing Address (if different): _____________ _ Day Time Telephone Number: _____________________ _ Night Time Telephone Number: ____________________ _ Cell Phone Number and Name: ____________________ _ Email Address: _________________________ _ *FAILURE TO RETURN THIS FORM ELECTING TO PARTICIPATE WITHIN THE REQUIRED TIME PERIOD WIU BE DEEMED AND ELECTION TO NOT PARTICIPATE* ELECTION NOTTO PARTICIPATE. By signing below, I/we, the undersigned owners of the unit identified below, hereby elect to NOT participate in the Flood Mitigation Program and understand and agree that our election means we will not be eligible to receive funds to remove our home from the FEMA flood plain. Name(s) on Title to Property: Signature Date Property Address: ________________________ _ *FAILURE TO RETURN THIS FORM ELECTING TO PARTICIPATE WITHIN THE REQUIRED TIME PERIOD WIU BE DEEMED AND ELECTION TO NOT PARTICIPATE* [ FOR RCOA USE ONLY Date Received by RCOA: _______ _ Exhibit "8'' EXJilBIT"C" RCOA and City Indemnification Agreement Form INDEMNIFICATION AGREEMENT THI_A INDEMN~ICA TIO~ AGREEMENT ("Agreement") is made and entered into as of the ~day of I ~2016 ("Effective Date"), by and between RANCHO CARLSBAD OWNERS ASSOCIATION, INC., a California nonprofit public benefit corporation ("RCOA") and the CITY OF CARLSBAD, a municipaJ corporation of the State of California (the "City"). RECITALS WHEREAS, RCOA manages, maintains, and operates that certain community commonly referred to as Rancho Carlsbad, located at 5200 El Camino Real, Carlsbad, California (the "Community"). The Community consists of 504 individual units or lots upon which are placed manufactured homes. WHEREAS, City and RCOA entered into th~t certain Settlement Agreement Regarding Flood Channel Dispute of even date herewith (the "Settlement Agreement"); and pursuant to the terms of the Settlement Agreement, the City agreed to fund the sum of $940,000.00 for the purpose of paying for the costs and expenses relating to modifying certain units within the Community and obta"ining required approvaJs to remove the manufactured homes upon such units from the Federal Emergency Management Agency's I 00 year flood plain designation in accordance with the terms and conditions of the Settlement Agreement. WHEREAS, the Settlement Agreement is·to settle any.outstanding, final or disputed obligations that may be between RCOA and the City (and their respective predecessors-in-interest, successor;S and assigns, as the case may be) pursuant to that certain Contract to Secure Future Public Improvements, recorded in the official records of the County of San Diego recorder's office, as Document Number 1998-0158219 on March 24, 1998 (the "Contract for Improvements"). WHEREAS, the purpose of this Agreement is to set forth RCOA 's in~emnitication of the City relating to and as consideration for (i) the settlement of outstanding obi igations under the Contract for Improvements, and (ii) the grant in the amount of Nine Hundred Forty Thousand Dollars No/I 00 ($940,000.00) pursuant to the Settlement Agreement. · OPERATIVE PROVISIONS NOW, THEREFORE, for and in consideration of the foregoing Recitals, which are incorporated herein by this reference, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the mutual exchange of the covenants contained herein, the parties hereby agree as follows: 1. Release and Satisfaction. RCOA and the City hereby agree that the terms and conditions of the Settlement Agreement and the City's payment of the Fund pursuant to the Settlement Agreement shall be done in, and shall be considered the full, satisfaction of the terms and conditions set forth in the Contract for Improvements. Upon the satisfaction of the terms of the Exhibit "C" Settlement Agreement, the City shall be fully released and deemed to have satisfied aU terms and conditions of the Contract for Improvements. 2. RCOA's Indemnification of City. RCOA hereby agrees to indemnify, protect and defend and hold harmless the City, its City Council, its officers, employees and agents (the "City lndemnitees") from and against any claims, damages, fines, penalties, losses, liabilities, interest, obligations, costs and expenses, including reasonable attorneys' fees (collectively "Claims"), brought by any owner of a unit within the Community or RCOA against the City lndemnitees relating to, arising from or out of (a) the City's grant of funds to RCOA in the amount ofNine Hundred Forty Thousand Dollars ($940,000.00); (b) the City's processing of the Elevation Certificates and LOMC (as each is defined in the Settlement Agreement); and ( c) the full release and waiver of the terms and conditions of the Contract for Improvements ( d) any claims for flood damage brought by the owner or occupant of any manufactured home that arises from the Contract for Improvements . 3. Incorporation of Indemnifications. RCOA agrees to obtain an indemnification, hold harmless and release agreement from the owners the Affected Units (as defined in the Settlement Agreement) who elect to participate in the program and receive funds from the City's Fund · pursuant to the terms of the Settlement Agreement (the "Owner Indemnifications"). The terms and conditions of the Owner Indemnifications are incorporated herein by reference and RCOA agrees to indemnify, protect and defend and hold harmless the City Indemnities pursuant to Paragraph 2 above in connection to any Claim arising from or protected under the Owner Indemnifications. 4. · Defense. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from (a) the City's grant of funds, processing of the Elevation Certificate or the LOMC (each as defined in the Settlement Agreement), issuing permits in connection with any work to be performed on a manufactured home or within the Community; (b) the terms and conditions of the Contract for Improvements and any claims for flood damage brought by the owner or occupant of any manufactured home; or (c) such other actions specifically in connection with the Settlement Agreement, RCOA shall provide a defense to the City lndemnitees or at the City's option reimburse the City Indemnitees their reasonable and actual costs of defense, including reasonable attorneys' fees, incurred in defense such claims. 5. Miscellaneous. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from this Agreement and the remaining portions or parts shall remain in full force and effect This Agreement may be executed in counterparts and the signature pages combined to create one and the same instrument. Signed copies of this Agreement transmitted by electronic mail or facsimile shall be treated the same as originals. This Agreement shall be construed and enforced in accordance with the laws of the state of California without regard to choice of law provisions. In the event of any action or suit by either party hereto against the other arising from or interpreting this Agreement, the prevailing party in such action or suit shall, in addition to such other relief as may be granted, be entitled to recover its costs of suit and actual attorney's fees, whether or not the same proceeds to final judgment. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, personal representatives, heirs Exhibit"C" ,, and legatees of all the respective parties hereto. IN WITNESS WHEREOF, the duly authorized representative of each party has executed and delivered this Agreement as of the Effective Date. "CITY" "RCOA" CITY OF CARLSBAD, a municipal RANCHO CARLSBAD OWNERS f California ASSOCIATION, INC., a California nonprofit mutua~I benefi~tcorporation. , City. Manager By· --=-'---'--""'"L...1,,0,,,,-=->N = ..... ~-e-: ~,,...~-',c"-jo,=-L.=-. -.-...-l(-/t)-:-,$=-,~a( GfL APPROVED AS TO FORM: Its: President Celia A. Brewer, City Attorney By:_JlL{.<~-=---- Exhibit"C" EXHIBIT "D" Unit Owner and RCOA Indemnification, Hold Harmless and Release Agreement Form RECORDING REQUESTED BY AND AFTER RECORDING MAIL TO: Rancho Carlsbad Owners Association, Inc. c/o The Loftin Firm, P.C. 5760 Fleet Street, Suite 110 Carlsbad, CA 92008 (Re: Unit No. ) A.P.N. SPACE ABOVE RESERVED FOR RECORDER'S USE INDEMNIFICATION, HOLD HARMLESS AND RELEASE AGREEMENT THIS INDEMNIFICATION, HOLD HARMLESS AND· RELEASE AGREEMENT ("Agreement'') is made and entered into as of the __ day of ____ __,. 20 J ("Effective Date"), by and between RANCHO CARLSBAD OWNERS ASSOCIATION, INC., a California nonprofit public benefit corporation ("RCOA") and (individually and collectively, jointly and severally, as the case may be, the "Owner"). RECITALS WHEREAS, RCOA manages, maintains, and operates that certain community commonly referred to as Rancho Carlsbad, located at 5200 EI Camino Real, Carlsbad, California (the "Community"). The Community consists of 504 individual units or lots upon which are placed manufactured homes. WHEREAS, Owner owns that certain unit commonly known as [ ], Carlsbad California, 92010, and Unit No. [ ] as more particularly described on Exhibit "1" attached _hereto and incorporated herein by this reference (the "Property"). WHEREAS, the City of Carlsbad (the "City") and RCOA entered into that certain Settlement Agreement Regarding Flood Channel Dispute dated [ ), 2016 (the "Settlement Agreement"); and pursuant to the terms of the Settlement Agreement, the City agreed to fund the sum of $940,000.00 for the purpose of paying for the costs and expenses relating to modifying certain units within the Community and obtaining required approvals to remove such units from the Federal Emergency Management Agency's 100 year flooQ plain designation in accordance with the terms and conditions of the Settlement Agreement. WHEREAS, the Owner has elected to participate in the program and receive reimbursement for the Standard Modifications (as defined in the Settlement Agreement) and cooperate with the City Exhibit '1D" in obtaining an Elevation Certificate and processing a LOMC (each as defined in the Settlement Agreement) to remove the Property from the 100 year floodplain designation. WHEREAS, the purpose of this Agreement is to set forth the Owner's indemnification and hold harmless ofRCOA and the City in connection with, and as a condition to, the participation in the Standard Modifications and processing by the City of the LOMC. · OPERATIVE PROVISIONS NOW, THEREFORE, for and in consideration of the foregoing Recitals, which are incorporated herein by this reference, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the mutual exchange of the covenants contained herein, the parties hereby agree as follows: 1. Owner's Indemnification of RCOA. Owner hereby agrees to indemnify, protect and defend and hold harmless the RCOA, its directors, offrcers, managers, members, attorneys employees and agents and the City, its City Council, its officers, employees and agents (collectively, the "lndemnitees") from and against any claims, damages, fines, penalties, losses, liabilities, interest, obligations, costs and expenses, including reasonable attorneys' fees (collectively "Claims"), arising from, in connection with or relating to the receipt of reimbursement from the City Funds, the performance of the Standard Maintenance or any other work to the Property selected by Owner, the issuance of permits, obtaining the Elevation Certificate, processing the LOMC and removal of the Property from the FEMA I 00 year floodplain or the inability to do any such items as a result of any interference or lack of cooperation by Owner. 2. City Third Party Beneficiary. The parties hereto specifically acknowledge and agree the City is a third party beneficiary to this Agreement. 3. Defense. In the event the lndemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from City's grant of funds, Owner's receipt of funds from the City grant, the City's processing of the Elevation Certificate or the LOMC ( each as defined in the Settlement Agreement), RCOA's oversight of the construction work or permit processing, issuing permits in connection with any work to be performed on a manufactured home or within the Community or such other actions specifically in connection with the Settlement Agreement, Owner shall provide a defense to the Indemnitees or at the Indemnitee's option reimburse the Indemnitees their reasonable and actual costs of defense, including reasonable attorneys' fees, incurred in defense such claims. 4. Miscellaneous. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from this Agreement and the remaining portions or parts shall remain in full force and effect. This Agreement may be executed in counterparts and the signature pages combined to create one and the same instrument. Signed copies of this Agreement transmitted by electronic mail or facsimile shall be treated the same as originals. This Agreement shall be construed and enforced in accordan~ with the laws of the state of California without regard to choice of law provisions. In the event of any action or suit by either party hereto against the other arising from or interpreting this Agreement, the prevailing party in such action or suit shall, in addition Exhibit"D" to such other relief as may be granted, be entitled to recover its costs of suit and actual attorney's fees, whether or not the same proceeds to final judgment. This Agreement shall be binding upon and inure .to the benefit of the successors, assigns, .personal representatives, heirs and legatees of all the respective parties hereto and shall run with and bind the Property in perpetuity. IN WITNESS WHEREOF, the duly authorized representative of each party has executed and delivered this Agreement as ofthe Effective Date. "OWNER" Address: ____________ _ Unit/Lot No. __________ _ "RCOA" RANCHO CARLSBAD OWNERS ASSOCIATION, INC., a California nonprofit mutual benefit corporation By: __________ _ Name: _____________ _ Its: President Exhibit"D" I• NOTARY ACKNOWLEDGEMENT A Notary Public. or other officer completing this certificate verifies only tlie identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, 6r validity of that document STATE OF CAUFORNIA COUNTY OF SAN DIEGO On----------~ before me,~ _________ __, 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the.laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) NOTARY ACKNOWLEDGEMENT A Notary Public or other o_fficer completing this certificale verifies only the identity of the individual who signed tlie-document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document STA TE OF CALIFORNIA COUNTY OF SAN DIEGO On __________ __, before me~---------~ 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s ), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of Califo_rn'ia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Exhibit"D" EXHIBIT "1" LEGAL DESCRIPTION OF PROPERTY [to be inserted with final execution offormj Exhibit"D" 0 ~ Project Charter Report -FY21-22 ATTACHMENT B Project Name: Agua Hedionda Creek Maintenance Project ID: 6629 Classification: Maintenance and Operations Project Type: Drainage Change: Change In Cost, Schedule & Scop Asset Mgmt Dept: Transportation Project Manager: Daniel Zimny Phase: Ongoing Score: High New Project: NO Modified By: mpowe Modified Date: 2021-03-25 Council District: District 2 Voter Approval Required: · Voter Approval Notes: Location: The section of Agua Hedionda Creek confined by the bridges of El Camino Real and Cannon Description: Vegetation clearing and removal within the section of Agua Hedionda Creek confined by the bridges of El Camino Real and Cannon Road. Maintenance event improves flood capacity of the stream thereby increasing flood protection. Permit agency confirmed in FY 20-21 that creek can be cleared multiple times per year. Budget update reflects this three vegetation clearing events in FY21-22. Rationale: Long term maintenance of stream section listed as a condition of approval in the Regional General Permit emergency permit issued in 2006 by US Army Corp of Engineers. Regulatory: Agency issued permit Prior JobKey Funding Source Ai:>1>_roprlatlon --··-, -.. . Avallable Balance -·-··-- Year 1 (21-22) Planned . ·-····-- Year2 (22-23) Planned . ·-····-- Compliance With: Other Year3 (23-24) Planned . ·-····-- Year4 (24-25) Planned . ··-····-- Year5 (25-26) Planned . ·-····-- Year 6-10 (27-31) Planned .. ····-- Year 11-15 (32-36) Planned .. ····- Total Funding Source 33381 PLDB 3,559,895 11,808 3,559,895 66292 IRF $58,000 $80,000 $80,000 $80,000 298,000 0 0 0 Total: $3,559,895 $11,808 $58,000 $80,000 $80,000 $80,000 $0 $0 $0 $3,857,896 March 30, 2021 Mayor Matt Hall City of Carlsbad ~~ e~ Owners' Association, Inc. 5200 El Camino Real, Carlsbad, California 92010-7118 Phone: (760) 438-0333 Fax: (760) 438-1808 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Mr. Mayor: ATTACHMENT( There is a growing safety concern in San Diego North County, in and around the intersection of El Camino Real (ECR) and Cannon Road in the City of Carlsbad. This is an important corridor and evacuation route for police, Emergency Response personnel, Sage Creek High School, and the residents in the North County. This letter's main focus is on the increased flooding issues and the concerns developing in this area. North County's history and the Environment Impact Reports/Studies have identified the need for a number of basins be established as part ofthe flood water controls. During this time a Weir Wall was designed and constructed on the southside of Cannon Road where the Calavera Creek enters the community of Rancho Carlsbad. Durfog heavy rains in the past, this design proved to be inadequate and was modified/removed, but not before the near loss of Don Juan Drive. Later to control the increasing flow of water through this area from Calavera Hills, an eighty-four-inch bypass was added along Cannon Road to balance the flow of water through this area. Each rainy season, the flood waters have reached higher levels in the Agua Hedionda Creek. Sediment and silt continue to build at an increased rate in the Agua Hedionda Creek. In the summer mon·Jis, grasses and reeds flourish in this section of the creek between ECR and Rancho Carlsbad golf course. As this section of the creek widens, the thick grasses growing in the creek bottom, sand and silt have accumulated, raising the bottom levels of the creek. The tall reeds, brush and debris that has ac·cumulated in the creek from ECR to the Hedionda lagoon act as a dam to slow the flood waters and allow the sediment to drop and settle in the creek. As the stream bed rises, the elevation of the flood waters through this corridor rises and is coming close to breeching this key intersection of ECR and Cannon Road~ With the continued buildup ·of silt and sediment, the flood waters of these two creeks will eventually breech ECR and impact this major artery in the North County. In addition, and even more concerning, would be the comprising of the bridge structure along with important underground utilities running through this area. During these same periods of heavy rains, the Calavera Creek has experienced increased erosion and significant loss of residential property along the creek bank. High rainfalls combined with an additional release of water from the Calavera Darn have severely impacted the banks of this creek. These two creeks con verge just east and upstream of the ECR and Cannon Road intersection. April of2020 saw flood waters near the bottom of the El Camino Real bridge. City work crews were stationed at this bridge and the Rancho Carlsbad Drive bridge at the Rancho Carlsbad golf course to monitor creek levels and flood water debris. The solution for the two creeks differs significantly. Agua Hedionda Creek needs to be cleared from the Rancho Carlsbad golf course to the Agua Hedionda lagoon to allow flood waters to flow. The Calavera Creek needs acceptable erosion controls to be in place. This letter is requesting the City of Carlsbad and the responsible agencies review these issues and develop acceptable solutions to divert future issues. This is not an isolated problem that is contained within the community of Rancho Carlsbad, but affects the welfare of all North County area residents and all those individuals and agencies who use this vital corridor. A number of these agencies are referenced in this letter including those individuals within these agencies who have been previously contacted by this HOA Ad Hoc committee. Some of the individuals who were contacted during the development of this letter: City of Carlsbad, Danny Zimny, Scott Lyle, and James Wood; California Department of Fish and Wildlife, Jennifer Turner; California State Water Resources Control Board, Alan Monji; and the Army Corp of Engineers, Robert Smith. In conclusion, our goals are: • Clear the vegetation and debris from El Camino Real to Agua Hedionda lagoon to lessen the · damming effect. • Identify an acceptable solution to clearing the vegetation in the Agua Hedionda creek from the Rancho Carlsbad golf course to the ECR and Cannon Road intersection. • Identify and install acceptable erosion controls for the Calavera Creek that runs through the community of Rancho Carlsbad. in closing, this ls an increasing safety concern for the area and our community. We look forward to establishing a working relationship with tl1ose responsible individuals within your agencies and organizations. Sincerely, di~~:- President Rancho Carlsbad Owners' Association, Inc. CC: City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA California Department of Fish & Wildlife, South Coast Region 5, 3883 Ruffin Road, San Diego, CA California State Water Resources Control Board, 2375 Northside Drive, San Diego, CA O.S. Army Corps of Engineers, Regulatory Division, 5900 La Place Ct, Suite 100, Carlsbad, CA FEMA, Michael Cummings, Region 9, 1111 Broadway, Suite 1200, Oakland, CA 94607 Calavera Creek at the weir wall and the tunnel that channels water from the Calavera Dam during heavy rains. Resulting erosion to banks erosion to the calavera aeek bank by Weir wall alter storm of 4/10/2020 3 .ass,"r~ncc· ,o,. Ur-..:. kkdln J01~ .•. Lush vegetation growth after the 2020 storm runoff. Average height 1 · foot 4 2/28/21121, thet11lf111111S-lnftlllned th the· of 11llt und from onl · The rapid growth of tall reeds/cattails between the El Camino Real and Cannon Rd -: -~ ..: .... ';:' ~"-~ .,·· _,.....,,. ... ~ . r:-; ti ;·v ~ ; .. : .. , . . . •: i . ·-... _-: · ·· : · , ·ii-(::❖·,:<·~· ·' , -. ' ... ........_ . ~~-~;) . • ,r _.::,.i 6 7 The dramatic change in water level during heavy storms (4/10/2020) 8 m ";' l_ .. High water level under the El Camino Real Bridge during the storm of 4/2020 9 i'":,p·-· , .. f· ::;. ., ~~~,.:_. 4/1012020 The poln1 wh8fe the Calavera and Agua Hedionda creeks converge jus1 . upstream from the El Camino Real Bridge, (waler is flowing to llie fell) This area is just upstream from the El Camino Real Bridge. This point is where the Agua Hedionda and Calavera converge ( pictures taken during the storm and later in the fall) 10 ..... "W'lf~'.iUl\'I]am.:_,~u:,_~ Agua Hedionda Preserve just west of Cannon "dge Is dam like configuration of dead reeds exte This is only one example of the dead and dry vegetation in the Agua Hedionda Preserve slowing the water flow and creating fire hazards. 11 ·• t .... ~~x:, --_ .-1 • I . Rancho Carlsbad Estates .•. ,i I, I r : . i t ' ' ,c ... ~ ~~ f1 ~ j . .,/, ' . ' ! I _,,,, a ' ; ' ., ... ·.-'_s·J~ .. 12 April 12, 2021 Mr. Stephen Queen President ATTACHMENT D Rancho Carlsbad Owners Association, Inc. 5200 El Camino Real Carlsbad, CA 92010-7118 Dear Mr. Queen: (cityof Carlsbad Thank you for your letter dated March 30, 2021, detailing your concern with respect to potential flooding issues in and around the intersection of El Camino Real (ECR} and Cannon Road in the City of Carlsbad. I am responding on behalf of Mayor Hall. The city has worked closely with the Rancho Carlsbad Owners Association (RCOA) for many years to resolve floodplain issues within RCOA's property. This is a very complex issue which requires input and cooperation from many resource agencies and private entities to reach a successful resolution. On this front, you specifically emphasized three goals brought forth by RCOA in your letter of March 30, 2021. These goals are as follows: • Clear the vegetation and debris from ECR to Agua Hedionda Lagoon to lessen the damming effect • Identify an acceptable solution to clearing the vegetation in the Agua Hedionda Creek from Rancho Carlsbad golf course to the ECR and Cannon Road intersection • Identify and install accept<;1ble erosion controls for the Calavera Creek that runs throu_gh the community of Rancho Carlsbad With respect to the first goal, the city currently maintains the Agua H~dionda Creek between the bridges of ECR and Cannon Road via Capital Improvement Program (CIP} Project No. 6629. This stream segment is located immediately downstream of the RCOA property and upstream of the wildlife preserve owned by the California Department of Fish and Wildlife (CDFW). The scope of the city's maintenance responsibilities for CIP Project No. 6629 is limited to removal of trash and non-native plant species on a quarterly basis and annual removal of vegetation frorn the half-acre stream segment. Removal of vegetation provides for improved channel conveyance conditions that benefit the RCOA community immediately upstream. In previous years, including 2020, the annual removal of vegetation occurred in late November so that the vegetation is lowest during the winter rainy season to provide the maximum level of conveyance. Public Works Branch Transportation Department 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2730 t Mr. Stephen Queen, RCOA President April 12, 2021 Page 2 The CDFW permit issued for CIP Project No. 6629 allows for removal of vegetation with hand tools only. Additional permits will be required from the U.S. Army Corps of Engineers (USACE) and the California Regional Water Quality Control Board (RWQCB) if earth-disturbing activities, such as dredging, are added to the scope of maintenance. This segment of channel was last dredged in 2006, under emergency authorization by the USACE. In December 2020, staff received confirmation from the permit authority, CDFW, that the city may provide additional clearing events of the Agua Hedionda Creek bet.ween the bridges of ECR and Cannon Road throughout the year; therefore, staff plans to request additional funding in the proposed fiscal year 2021-22 CIP Budget for vegetation clearing on a quarterly basis to improve channel conveyance conditions. The final budget is contingent upon City Council approval, which is scheduled for June of this year. Regarding the remaining two goals, in 2016, the city and RCOA executed a Settlement Agreement (see Attachment C of Attachment A), which required the city to quitclaim drainage easements received from RCOA's predecessor-in-interest to RCOA. These drainage easements covered the Calavera and Agua Hedionda Creeks within the RCOA property. This Settlement Agreement was executed because the city determined that funding and environmental permitting limitations made ongoing maintenance within both creeks infeasible. Additional background on this agreement can be found in Attachment A. Ce hope this addresses the issues raised in your letter, and we look forward to continuing our orking relationship with RCOA. · \ ; ncer ly, City Manager Attachment: A. Council Memorandum regarding Floodplain History Within Rancho Carlsbad Owners Association (District 2), dated Jan. 7, 2021 cc: Celia Brewer, City Attorney Geoff Patnoe, Assistant City Manager . Paz Gomez, Deputy City Manager; Public Works Robby Contreras, Assistant City Attorney Tom Frank, Transportation Director/City Engineer Hossein Ajideh, Engineering; Manager Scott Lyle, Senior Engineer Daniel Zimny, Associate Engineer