RECOMMENDATION(S): (CONT'D)
AUTHORIZE the Chair, Board of Supervisors, to execute said Assignments on behalf of the County.
DIRECT the Real Estate Division of the Public Works Department to cause said Assignment of Easements to be recorded in the Office of the County Clerk-Recorder.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The County acquired certain real property by Easement Deeds on June 23, 1954 as Book 2336 Page 327 of Official Records, and on February 28, 1955 as Book 2484 Page 187 of Official Records in the Walnut Creek area for Las Trampas Creek, as described in said Easement Deeds, in accordance with approved plans and specifications. Said property rights are being transferred to properly vest these interests with the District.
The California Environmental Quality Act (CEQA) applies to those activities that are considered “projects” under the law. A project is defined as an action that has the potential for direct physical change in the environment or reasonably foreseeable indirect physical change in the environment (Section 15378, CEQA Guidelines). Simple transfer of ownership from the County to the District where operation and maintenance of the property remains the same has no potential for direct physical change in the environment or reasonably foreseeable indirect physical change in the environment; therefore the action (transfer of ownership) would not be considered a project and would not be subject to CEQA.
CONSEQUENCE OF NEGATIVE ACTION:
Title to these rights within the Las Trampas Creek will continue to vest incorrectly with the County.