1 Meeting Date: March 8, 2017 2

3 4 TOWN OF MORAGA STAFF REPORT_ 5 6 To: Honorable Mayor and Councilmembers 7 8 From: Robert Priebe, Town Manager 9

10 Subject: Augusta Drive Landslide Update 11 12 Request 13 14 Accept this report as the requested update on the issues surrounding the landslide 15 below Augusta Drive which occurred in March 2016, presented on Consent as directed 16 by Council. 17 18 Background 19 20 During the Public Comment section of the regular Town Council meeting on January 25, 21 2017, several citizens spoke on issues related to the landslide below Augusta Drive that 22 occurred in March, 2016. The landslide affected two residences that were red-tagged 23 by County Building Inspectors, necessitating families to relocate. The conditions 24 created by the landslide also caused major damage to a previously damaged section of 25 the Lafayette-Moraga Regional Trail, and further impacted Augusta Drive residents with 26 EBMUD’s re-routing of water delivery via an above-ground system, which reportedly 27 created water temperature and pressure issues to those served by the alternate delivery 28 system. 29 30 Several speakers in Public Comment expressed their belief that the Town had not 31 properly served the displaced residents and was not representing and/or protecting all 32 affected residents. 33 34 Since the item was not on the Council agenda, discussion of the issues raised was 35 limited per the requirements of the Brown Act, however a future agenda item was 36 directed to staff to return with an explanation on comments made and to draft a letter to 37 EBMUD expressing the Town’s concerns regarding the trail closure and the landslide 38 impacts on the Town. 39 40 At the next regular Town Council meeting on February 8, 2017, staff presented a report 41 documenting Town actions since receiving the original notification of the landslide and 42 attached a draft letter to EBMUD as shown in Attachment A. EBMUD representatives 43

Town of Moraga Agenda Item CONSENT 6.5

1

Alison Kastama, Special Assistant to the General Manager; Kathryn Horn, Community 1 Affairs Representative; and Xavier Irias, Director of Engineering were present to answer 2 questions and state the position of EBMUD on relative responsibility for the landslide. 3 EBMUD stated they did not believe they were responsible for the landslide and, as 4 such, they have an obligation to their rate payers to not perform work that does not 5 involve EBMUD improvements. At the conclusion of the discussion of the Staff report, 6 EBMUD responses, and the draft letter, Council directed additional items to include in 7 the Town’s letter to EBMUD and authorized the Mayor to approve and sign the final 8 draft. The finalized letter to EBMUD (Attachment B) was approved and signed by 9 Mayor Onoda and sent to EBMUD, with copies sent to U.S. Congressman DeSaulnier, 10 State Senator Glazer, State Assembly Member Baker, County Supervisor Andersen, 11 and the Board of Directors of the East Bay Regional Parks District. 12 13 On March 2, 2017, Staff received a response letter from EBMUD General Manager 14 Alexander R. Coate to Mayor Onoda, dated February 28, 2017, shown in Attachment C, 15 which restates the position of EBMUD as presented by their representatives at the 16 February 8, 2017 Council meeting. 17 18 Discussion 19 20 As part of the February 8, 2017 discussion and Council direction to staff, a specific 21 request was added to the final letter dated February 17, 2017 from the Town to EBMUD 22 requesting “that EBMUD develop a work plan to restore and open the public trail in our 23 Town and provide a progress report to the Town within three months.” The EBMUD 24 response to that request in the February 28, 2017 letter is, “EBMUD, as a single 25 affected property owner, is not able to repair the slide, or develop a work plan for a slide 26 repair.” 27 28 Another issue regarding the removal of several trees was raised in the February 8 29 meeting. Town staff was unable to locate any record of contact with EBMUD regarding 30 this issue. In discussion with EBMUD representative Kathryn Horn, she advised that 31 the Town had been notified by postcard and provided copies of what EBMUD mailed 32 out (Attachment D). She also advised that EBMUD had obtained all required Federal 33 and State permits to perform the work done in the slide area and provided relevant 34 copies (Attachment. E). To address the Town Permit issue, I was advised that the 35 Town’s Ordinance requiring Tree Removal Permits did not apply to EBMUD because 36 the Town’s Ordinance does not define an “Agency” within the definition of “Person” as 37 applied to the Ordinance, with the following explanation: 38 39

“Under Moraga’s town ordinance, “persons” are required to get tree removal 40 permits, and public entities such as EBMUD are not included in the Moraga 41 ordinance’s definition of a “person.” Therefore, faced with this emergency 42 situation, we did not obtain a permit from the town for the removal of the trees. 43 (Ordinance section 12.12.030.) The town ordinance defines a “person” as, “[A] 44 natural person, firm, association, organization, partnership, business trust, 45 company, corporation, joint venture, club, or its manager, lessee, agent, servant, 46 officer or employee.” (Ordinance section 1.04.020.) This contrasts with other 47 entity definitions in the town ordinance that specifically do include public 48

2

agencies, such as the definition of an “Applicant” for Building Permit purposes 1 under Ordinance section 15.08.030. When a public entity is not included in a 2 law’s definition of a “person,” it is not a “person” subject to a law. (See, e.g., 3 PETA v. Cal. Milk Producers Advisory Bd. (2005) 125 Cal. App.4th 871, 879.)” 4

5 The Town Attorney’s office is reviewing this assertion. 6 7 Additionally, I was notified by staff representatives of the elected officials copied on the 8 Town’s letter that all were meeting to discuss the issues. I was subsequently advised 9 that all are co-authoring a letter that will be provided to the Town when finalized. If this 10 letter is received prior to the start of the regular March 8, 2017 Town Council meeting, it 11 will be provided to the Council and public at that time. 12 13 On February 22, 2017, I received a message from Yolande Barial Knight, Clerk of the 14 Board of the East Bay Regional Parks District (EBRPD), advising that she had received 15 the Town’s letter and would forward it to the Board, the General Manager, and the 16 District Counsel. The EBRPD agenda for their March 7, 2017 Regular meeting has no 17 reference to the Town’s letter. 18 19 Staff intends to provide the next update report on the Consent calendar of the April 12, 20 2017 regular Town Council meeting. 21 22 Fiscal Impact 23 24 No direct impact other than ongoing staff time. 25 26 Alternatives 27 28

1. Accept report as presented. 29 2. Accept report with additional direction to staff. 30

31 Recommendation 32 33 Accept this report as an update on the Augusta Landslide, and provide any additional 34 direction as necessary. 35 36 Report reviewed by: Robert Priebe, Town Manager 37 38 Attachments: 39

A. February 8, 2017 Staff Report 40 B. February 17, 2017 Letter from Town to EBMUD 41 C. February 28, 2017 Response Letter from EBMUD 42 D. Postcards Mailed by EBMUD 43 E. EBMUD Documents re: Federal and State Work Permits 44

45 46

3

ATTACHMENT A

Copy of February 8, 2017 Staff Report

1 Meeting Date: February 8, 2017 2

3 4 TOWN OF MORAGA STAFF REPORT_ 5 6 To: Honorable Mayor and Councilmembers 7 8 From: Robert Priebe, Town Manager 9

10 Subject: Receive Staff Report on Town of Moraga Response to the March 11

2016 East Bay Municipal Utility District (EBMUD) Landslide Below 12 Augusta Drive; Review Draft Letter to EBMUD; and Provide Direction 13 to Staff 14

15 Request 16 17 Council is requested to receive this report explaining the Town’s response to the March 18 2016 EBMUD landslide below Augusta Drive; review the attached draft letter to EBMUD 19 and edit as necessary; and provide direction to staff for future action. 20 21 Background 22 23 In the late evening of Saturday, March 12, 2016 I received a phone call from Dennis 24 Martel, an Augusta Drive resident, reporting a landslide below his and neighboring 25 homes. The landslide caused him and his neighbors to vacate their homes due to safety 26 concerns. Mr. Martel said he was upset with the lack of response from the East Bay 27 Municipal Utility District, the landslide property owner. He said he knew it was not the 28 Town’s responsibility, but asked if I could do anything. I subsequently called EBMUD 29 and spoke to a representative and then met both EBMUD and East Bay Regional Park 30 District (EBRPD) personnel at the site on Sunday morning (March 13). I was advised 31 their immediate concern was to protect the creek and that they would be tarping the 32 slide area and may have to remove a tree(s) to secure the area to prevent further 33 sliding. 34 35 Later that afternoon I responded to the sinkhole incident at Rheem Boulevard/Center 36 Street, which necessitated a partial activation of the Emergency Operations Center 37 (EOC) to address the initial response to the growing sinkhole. The sinkhole later 38 included a gas main rupture and the evacuation of residents and local businesses in the 39 affected area. As part of the overall emergency response, I discussed the landslide 40 below Augusta Drive with staff who subsequently checked with County Building 41 Inspectors about the residences on Augusta Drive. On Monday, March 14, County 42

ATTACHMENT A

1

Inspectors responded to Augusta Dr. and red tagged two homes (the Alford and Martel 1 residences). 2 3 The EOC remained operative throughout Sunday night until it was deactivated Monday 4 evening, March 14. Prior to EOC deactivation, I issued a Proclamation of Local 5 Emergency, which was ratified by the Town Council at a special meeting on 6 Wednesday, March 16, 2016. 7 8 On March 28, 2016, at 2:00 pm, I attended a meeting hosted by EBMUD at the Orinda 9 Watershed Headquarters (500 San Pablo Dam Road). During the course of the 10 meeting attended by several stakeholders, EBMUD speakers suggested that they were 11 not responsible for damage to the homes on Augusta Drive, stating the homes should 12 not have been built on a pre-existing landslide that was known about in the 1960’s. 13 EBMUD speakers also said they needed to complete geotechnical studies on the 14 landslide that would require borings. They then asked the agencies present to partner 15 with them financially, and suggested that those agencies that agreed to participate 16 financially would receive the data from the studies. No agencies present offered to 17 partner or participate financially. 18 19 On March 29, 2016, I sent a letter to Governor Brown and California Office of 20 Emergency Services (Cal OES) Director Ghilarducci requesting disaster assistance as 21 provided in the California Disaster Assistance Program. On April 19, 2016, Governor 22 Brown issued a Proclamation of a State of Emergency for various locations throughout 23 the state due to the March storms, including Contra Costa County. This proclamation 24 made the Town eligible for federal assistance. 25 26 After the Governor’s Proclamation, Town staff had numerous interactions with 27 representatives of Cal OES to determine what assistance could be provided for our 28 local residents and businesses. Cal OES advised that the threshold for eligibility for 29 homes affected by landslides was 25 or more. On March 15, 2016, Administrative 30 Services Director Amy Cunningham spoke to Cal OES and was asked if there was 31 potential for more homes being damaged or destroyed by the landslide and determined 32 that with only three or four homes involved, the owners would not be eligible for 33 Individual Assistance. This information was confirmed in another message from Cal 34 OES on March 30, 2016 when they closed out their file because “it does not meet the 35 25 plus criteria of uninsured or underinsured losses.” 36 37 On April 1, 2016, Eileen Alford called and emailed Public Works Director/Town Engineer 38 Edric Kwan asking that the Town include the Augusta landslide in requests for 39 assistance. These messages were forwarded to Amy Cunningham who called Ms. 40 Alford within the next day or two and left a voice message. 41 42 On April 22, 2016, at 11:16 am, Ms. Alford emailed me, Mayor Metcalf and Vice Mayor 43 Trotter and copied Edric Kwan expressing disappointment that her April 1 email had not 44 generated a response and that the Town had not reached out to her. 45 46

2

On April 22, 2016, at 11:31 am, Edric Kwan responded to Ms. Alford explaining that 1 Amy Cunningham had followed up on the original email and voicemail and that the 2 Town was still learning what assistance the Town would receive. 3 4 On April 22, 2016, at 11:52 am, Amy Cunningham emailed Ms. Alford explaining her 5 attempted prior contact, and that the Town was still trying to assess what assistance 6 was available. She asked Ms. Alford to contact her to provide information on their 7 situation to help the Town ask more targeted questions about available programs when 8 the Town contacts State representatives. 9 10 On April 22, 2016, at 11:57 am, Ms. Alford responded to Amy Cunningham stating she 11 did not know why she did not receive Amy’s message but that she appreciated Amy 12 reaching out and looked forward to future communications. 13 14 On April 22, 2016, at 12:09 pm, Amy Cunningham responded to Ms. Alford expressing 15 sympathy for what she was going through and asked Ms. Alford to call her the following 16 week “so that we can figure out what we can do on our end to help.” 17 18 On May 17, 2016, at 8:57 am, Ms. Alford emailed Amy Cunningham saying that Dave T. 19 (Trotter) had visited her two weeks prior and mentioned the affected area needed to 20 include 25 homes in order to receive assistance. Ms. Alford then asked if that meant 21 none of the funds received by the Town would be used to assist her or the Martels. She 22 later asked if there was anything the Town could or would do for her family and the 23 Martels and said it was “hard to believe that a family with young children and a senior in 24 a very small town that talks about “community” would be left without any assistance.” 25 26 On May 17, 2016, at 12:05 pm, Amy Cunningham responded to Ms. Alford stating that 27 she had just left Ms. Alford a voicemail and was following up in writing. She confirmed 28 the information from Dave Trotter that Cal OES requires 25 homes to be impacted to 29 qualify for public assistance, and that she did not know how those limits were set. She 30 added that the Town was still waiting to hear from the State about whether it would 31 qualify for any funding programs. She asked for Ms. Alford to call her to get a better 32 understanding of her situation as this would help Amy ask the right kind of questions 33 when talking to representatives at the State level. 34 35 On November 3, 2016, an Update on Moraga Country Club Landslide (ATT. B) was 36 written to the EBMUD Board of Directors from Alison A. Kastama, Special Assistant to 37 the General Manager and Sophia D. Skoda, Director of Finance. The letter offers a 38 chronology of events, noting that a lawsuit was filed against EBMUD and EBRPD by the 39 affected property owners on Augusta Drive. The Update discusses: Trail Closure; 40 Coordination with Residents and Affected Parties; Mitigation of Mosquitoes, Algae and 41 Creek Issues; Temporary Water Services; Slide Monitoring and Mitigation; and Next 42 Steps. 43 44 I have not located any further communication from the Alfords until January 25, 2017 45 during the Public Comment section of the regular Town Council meeting on that date. 46 Comments from the Alfords, many other supporters, and affected residents in the area 47 blamed the Town for inaction on their behalf and pleaded for Town involvement to 48

3

address: the conditions that displaced the Alford and Martel families; EBMUD’s failure 1 to provide adequate water delivery to Augusta Drive residents with EBMUD’s current 2 “temporary” above ground water delivery system, causing extreme water temperature 3 fluctuations for the affected households; and the continued closure of the Lafayette-4 Moraga Regional Trail that has impacted the entire community and many local school 5 children. 6 7 After hearing Public Comment, Council directed staff to report back to Council about 8 what has been done by the involved parties, explore what the Town can do to address 9 the concerns raised, and to draft a letter to EBMUD expressing the Town’s concerns 10 and request for information on timelines for corrective action. 11 12 Discussion 13 14 The above background information is related to the Town’s actions as related to the 15 March 2016 landslide issue and to the Town’s prior interaction with Mr. Martel and Ms. 16 Alford. The above information does not address the overall effort by Town staff to seek 17 all options for funding at every level of government. In addition to the above listed Cal 18 OES contacts, I had many conversations and communications with County OES 19 representatives and County Supervisor Andersen and her staff; with Assemblywoman 20 Baker and her staff; with Senator Glazer and his staff; and with Congressman De 21 Saulnier’s staff. Every conversation was aimed at explaining the Town’s situation and 22 asking for any known available funding sources for our local businesses and the 23 landslide victims. The only source of financial aid identified was through the Small 24 Business Administration (SBA) and Amy Cunningham was in constant contact with 25 them and had to repeatedly solicit business owners to submit requests to reach the 26 minimum number (5) of claims required to obtain SBA low interest loans. 27 28 The Town’s eligibility for sinkhole repair funding was initially rejected and required an 29 intensive appeal that was eventually successful. The source of the funding related to 30 the March 2016 storm damage is the Federal Highway Administration (FHWA) and it 31 only provides reimbursement for allowable funds spent on the sinkhole project. The 32 Town must pay for the sinkhole expenses upfront, from existing Town funds and the 33 Town was initially advised that the next funding cycle for reimbursements is October 34 2018. I make this point to Council only to emphasize that Town staff has had to battle 35 to get what funding it could. Town staff was surprised and disappointed at the process 36 and to learn that government in general does not provide the assistance a reasonable 37 citizen might expect. Staff genuinely sympathized with the frustration and anger of 38 those speaking in Public Comment because staff experienced the same emotions as we 39 tried to get the results we expected, but were unable to achieve. 40 41 To address Council’s concern about what the Town can do to assist the displaced and 42 affected residents in the Augusta Drive area, it is clear the Town does not have the 43 means to provide financial assistance on its own, and has tried, but failed to locate any 44 other available government financial assistance. With that said, the Town can, has, and 45 will continue to urge all involved parties to expeditiously resolve all legal issues to 46 facilitate the landslide repair; the restoration of normal (below ground) water delivery; 47 the repair and re-opening of the Lafayette-Moraga regional Trail; and the return of the 48

4

displaced residents to their homes. To that end, Council and staff have worked on the 1 following: 2 3 On January 27, 2017, Vice Mayor Wykle sent a request to meet with Marguerite Young, 4 Moraga’s elected EMBUD Board member. 5 6 On January 31, 2017, I attended an event in Lafayette with Ms. Young speaking on 7 EBMUD. I spoke with her after the meeting, expressed the Town’s concerns and was 8 told that the General Manager was out of the area for the week, but that she would 9 contact him and have him call me. Later that afternoon I was contacted by Alison 10 Kastama and we agreed to meet in my office the next day. 11 12 On February 1, 2017, I discussed the Town’s concerns with three main issues (not 13 related to the pending lawsuit): the trail closure and its effect on our Town; the 14 “temporary” above ground water delivery that has been in place almost one year and 15 the negative effect on the lives of those served; and on the overall condition created by 16 the landslide which negatively affects property values which directly affect Town 17 finances. I asked EBMUD to provide timelines addressing the stated conditions. Ms. 18 Kastama said she would try to get me answers from staff and provide the information 19 prior to Friday, February 3, when the Council Agenda and Reports are published. 20 21 On February 2, Vice Mayor Wykle received a reply to his email to Ms. Young from 22 Alison Kastama, writing on Ms. Young’s behalf, saying that due to some personal issues 23 Ms. Young would not be able to schedule a meeting for several weeks, but added that 24 she (Kastama) had met with me to ensure Town staff has the information needed for the 25 February 8 Town Council meeting. 26 27 Also on February 2, Councilmember Trotter informed me that he had contacted the 28 Chair of the Park Advisory Committee and had asked for a future agenda item that 29 would provide a status report from staff on their efforts to open damaged trail segments 30 district-wide, which would include the Lafayette-Moraga Regional Trail segment in 31 Moraga (below Augusta Drive). 32 33 On February 3, I received correspondence from Ms. Kastama (Attachment C) providing 34 EBMUD positions on the issues I raised during the February 1 meeting with her. Their 35 position on all of the issues indicates the following: 36 37

1. Lafayette-Moraga Regional Trail - Will remain closed for the forseeable future, 38 with length of closure being “at least 2 years or longer.” 39

2. Above Ground Water Delivery System - The current above ground system will 40 continue “while the existing landslide remains unrepaired.” The system has 41 been “looped” to add constant circulation, which should resolve several of the 42 temperature issues. 43

3. Property Value Impacts - “At this time, the evidence does not support that 44 EBMUD caused or contributed to the slide and therefore it does not believe it is 45 legally responsible for the slide.” “EBMUD cannot, in consideration of our 46 obligation to our ratepayers, undertake any repairs of the slide area beyond work 47 that may be necessary to protect our operations.” 48

5

1 After researching and obtaining all above information, I drafted a letter from the Mayor 2 to EMBUD provided in Attachment A. 3 4 Fiscal Impact 5 6 Unknown; dependent on direction to staff from Council. 7 8 Alternatives 9 10

1. Approve the draft letter to EBMUD as presented in Attachment A 11 2. Approve the draft letter to EBMUD with Council edits 12 3. Cancel the request for a letter to EBMUD and provide direction to staff 13

14 Recommendation 15 16 Staff recommends Council receive this report, review the attached letter to EBMUD, and 17 provide direction to staff for further action. Staff also recommends sending copies of the 18 finalized letter in Attachment A to: 19 20 East Bay Regional Parks District Board of Directors 21 U.S. Representative Mark De Saulnier 22 State Senator Steve Glazer 23 State Assembly Member Catharine Baker 24 Contra Costa Board of Supervisors Candace Andersen 25 26 Staff also recommends allowing the Town Manager to keep Council and the public 27 informed on this issue in the Town Manager Reports section of each Council agenda 28 with updates shown on all future agendas as ‘Item 1- Augusta Drive Landslide Update ‘ 29 until the issues are resolved or until Council directs a change. 30 31 Report reviewed by: Karen Murphy, Assistant Town Attorney 32 33 Attachments: 34

A. Draft Letter from Mayor Onoda to EBMUD dated February 8, 2017 35 B. November 3, 2016 EBMUD Update on Moraga Country Club Landslide 36 C. February 3, 2017 EBMUD Response Letter from Alison Kastama 37

38 39

6

ATTACHMENT B

February 17, 2017 Letter from Town to EBMUD

ATTACHMENT C

February 28, 2017 Response Letter from EBMUD

ATTACHMENT D

Postcards Mailed by EBMUD

East Bay

Municipal Utility District

P.O. Box 24055, Oakland, CA 94623-1055

Moraga Landslide Update

East Bay

Municipal Utility District

P.O. Box 24055, Oakland, CA 94623-1055

Moraga Landslide Update

Dear Neighbors,

I am the Community Affairs Representative for the Moraga area. I am reaching out regarding the natural landslide

along the Lafayette Moraga Trail and Moraga Creek in the Moraga Country Club area and want you to be aware that I

am available to be the point of contact for both residents and interested parties.

Current situation: An earlier slide was first noticed in January and was limited to the trail area near Moraga Creek at

Canyon Road. The trail area was covered in plastic and in coordination with EBRPD the trail was closed. EBMUD hired a

specialist to assess the area and no other action was warranted at that time. Additional studies were recommended

and EBMUD had started that process.

Last week a second natural slide occurred that impacted the private property adjacent to EBMUD property. EBMUD

covered the secondary slide area with plastic to protect the area and to prevent more rain from getting into the

soil. The ground is too unstable for any other action at this time. EBMUD contacted the HOA and they were gracious

enough to send out notifications to all members.

The Town of Moraga is the lead agency for determining the safety of homes or private property. Two homeowners

hired a private engineer that advised them to evacuate which they did. If you are concerned about your home you can

contact the Town of Moraga or hire your own specialist. The Contact in Moraga is 925 888-7040.

EBMUD is working to keep the area safe and will continue to monitor the slide and creek flows and protect the area

with tarps. EBMUD is working with environmental and geotechnical experts on next steps. To reduce the weight and

for public safety, EBMUD will be trimming branches off the trees on the slope. We strongly encourage everyone to

respect the trail closure signs and stay away from the unstable area.

If you have questions or concerns please contact me. Michelle Blackwell, Community Affairs, EBMUD, (510) 287 2053,

mblackwe@ebmud.com

For after-hours contacts call (866) 403-2683 and EBMUD dispatch will connect you with the standby contact. If there

is an emergency, please contact 911.

Dear Neighbors,

I am the Community Affairs Representative for the Moraga area. I am reaching out regarding the natural landslide

along the Lafayette Moraga Trail and Moraga Creek in the Moraga Country Club area and want you to be aware that I

am available to be the point of contact for both residents and interested parties.

Current situation: An earlier slide was first noticed in January and was limited to the trail area near Moraga Creek at

Canyon Road. The trail area was covered in plastic and in coordination with EBRPD the trail was closed. EBMUD hired a

specialist to assess the area and no other action was warranted at that time. Additional studies were recommended

and EBMUD had started that process.

Last week a second natural slide occurred that impacted the private property adjacent to EBMUD property. EBMUD

covered the secondary slide area with plastic to protect the area and to prevent more rain from getting into the

soil. The ground is too unstable for any other action at this time. EBMUD contacted the HOA and they were gracious

enough to send out notifications to all members.

The Town of Moraga is the lead agency for determining the safety of homes or private property. Two homeowners

hired a private engineer that advised them to evacuate which they did. If you are concerned about your home you can

contact the Town of Moraga or hire your own specialist. The Contact in Moraga is 925 888-7040.

EBMUD is working to keep the area safe and will continue to monitor the slide and creek flows and protect the area

with tarps. EBMUD is working with environmental and geotechnical experts on next steps. To reduce the weight and

for public safety, EBMUD will be trimming branches off the trees on the slope. We strongly encourage everyone to

respect the trail closure signs and stay away from the unstable area.

If you have questions or concerns please contact me. Michelle Blackwell, Community Affairs, EBMUD, (510) 287 2053,

mblackwe@ebmud.com

For after-hours contacts call (866) 403-2683 and EBMUD dispatch will connect you with the standby contact. If there

is an emergency, please contact 911.

East Bay

Municipal Utility District

P.O. Box 24055, Oakland, CA 94623-1055

Moraga Landslide Update

3/17/16

East Bay

Municipal Utility District

P.O. Box 24055, Oakland, CA 94623-1055

Moraga Landslide Update

3/17/16

Dear Neighbors,

I am the Community Affairs Representative for the Moraga area. I am reaching out regarding the natural landslide along the

Lafayette Moraga Trail and Moraga Creek in the Moraga Country Club area and want you to be aware that I am available to be the

point of contact for both residents and interested parties.

Current situation: An earlier slide was first noticed in January and was limited to the trail area near Moraga Creek at Canyon Road.

The trail area was covered in plastic to protect soils from rain, and in coordination with EBRPD the trail was closed. EBMUD hired a

specialist to assess the area and no other action was warranted at that time. Additional studies were recommended and EBMUD had

started that process.

Last week a second natural slide occurred that affected the private property adjacent to and above EBMUD property. EBMUD

covered the secondary slide area with plastic to prevent more rain from getting into the soil. The ground is too unstable for any

work involving heavy equipment. EBMUD contacted the HOA and they were gracious enough to send out notifications to all

members. EBMUD is working to keep the area safe and will continue to monitor the slide and creek flows and protect the area with

tarps. For public safety, EBMUD will remove trees on the slope. EBMUD is working with environmental and geotechnical experts on

next steps.

We strongly encourage everyone to respect the trail closure signs and stay away from the unstable area. If you live near a slope, do

not irrigate your property to minimize the amount of water saturating the slope. During the rainy season, irrigation should be

turned off. During rains, control drainage from your property and direct it to an appropriate location (storm drain or engineered

culvert). If you observe a slide, on EBMUD lands, call us 24/7 (866) 403-2683 or contact the Town of Moraga at (925)-888-7040. If

there is an emergency call 911. The Town of Moraga is the lead agency for determining the safety of homes or private property.

The Town has inspected the affected homes and advised on safety.

If you have questions or concerns please contact me, Michelle Blackwell, Community Affairs EBMUD (510) 287 2053,

mblackwe@ebmud.com. After-hours call (866) 403-2683 and EBMUD dispatch will connect you with the standby contact. If there is

an emergency, please contact 911. EBMUD will be posting information on ebmud.com in the next few days.

Dear Neighbors,

I am the Community Affairs Representative for the Moraga area. I am reaching out regarding the natural landslide along the

Lafayette Moraga Trail and Moraga Creek in the Moraga Country Club area and want you to be aware that I am available to be the

point of contact for both residents and interested parties.

Current situation: An earlier slide was first noticed in January and was limited to the trail area near Moraga Creek at Canyon Road.

The trail area was covered in plastic to protect soils from rain, and in coordination with EBRPD the trail was closed. EBMUD hired a

specialist to assess the area and no other action was warranted at that time. Additional studies were recommended and EBMUD had

started that process.

Last week a second natural slide occurred that affected the private property adjacent to and above EBMUD property. EBMUD

covered the secondary slide area with plastic to prevent more rain from getting into the soil. The ground is too unstable for any

work involving heavy equipment. EBMUD contacted the HOA and they were gracious enough to send out notifications to all

members. EBMUD is working to keep the area safe and will continue to monitor the slide and creek flows and protect the area with

tarps. For public safety, EBMUD will remove trees on the slope. EBMUD is working with environmental and geotechnical experts on

next steps.

We strongly encourage everyone to respect the trail closure signs and stay away from the unstable area. If you live near a slope, do

not irrigate your property to minimize the amount of water saturating the slope. During the rainy season, irrigation should be

turned off. During rains, control drainage from your property and direct it to an appropriate location (storm drain or engineered

culvert). If you observe a slide, on EBMUD lands, call us 24/7 (866) 403-2683 or contact the Town of Moraga at (925)-888-7040. If

there is an emergency call 911. The Town of Moraga is the lead agency for determining the safety of homes or private property.

The Town has inspected the affected homes and advised on safety.

If you have questions or concerns please contact me, Michelle Blackwell, Community Affairs EBMUD (510) 287 2053,

mblackwe@ebmud.com. After-hours call (866) 403-2683 and EBMUD dispatch will connect you with the standby contact. If there is

an emergency, please contact 911. EBMUD will be posting information on ebmud.com in the next few days.

ATTACHMENT E

EBMUD Documents re: Federal and State Work Permits

Landslide Site

Erosion of Bank Opposite Landslide

Fallen Tree in Creek due to Landslide

2 of 7

Signs of Potential Impacts to Residences Due to Slide

Impacted Residences due to Slide

3 of 7

View Along Scarp and EBRPD Trail Extensive Damage to EBRPD Trail

4 of 7

470

530

520

460

460

460

510

470

490

500

510

520

480

500

490480

470

460

470

Moraga Creek

Cany

on R

oad

Aerial Map of Moraga Landslide Site

Approximate Area of Landslide