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C. 15

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	December 8, 2020

Contra

Costa

County

Subject:

Lease of State Lands for Lower Walnut Creek Restoration Project, Martinez area.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/08/2020

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Angela Bell, 925.957-2451
cc:	Paul Detjens, Flood Control District

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 8, 2020
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

As the governing body of the Contra Costa County Flood Control and Water Conservation District (District), APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute, on behalf of the District, Lease No. 4743 with the State of California, State Lands Commission to lease state lands within Walnut and Pacheco Creeks over a 20-year term beginning October 22, 2020, for construction, ingress, egress, and other purposes in connection with the Lower Walnut Creek Restoration Project (Project), pursuant to Section 31 of the Contra Costa County Flood Control and Water Conservation District Act. (Project No.: 7520-6B8285)

FISCAL IMPACT:

Staff costs to negotiate the lease, and the $3,000 application fee, will be paid with 100% Flood Control District Zone 3B funds. There is no fee required under the lease.

BACKGROUND:

Certain portions of the shoreline, including tide and submerged lands are claimed as sovereign lands by the State of California and administered by the California State Lands Commission (“State”). In 1969 and 1973, the District secured long term leases from the State along the historic creek beds of Walnut and Pacheco Creeks for use in the original Walnut Creek Flood Control Project. These are State Leases 4215 and 4743.9, respectively.

The District’s Lower Walnut Creek Restoration Project (“Restoration Project”), as designed, will require the District to lease additional state lands adjacent to Walnut and Pacheco Creeks. The Restoration Project consists of restoring and enhancing tidal wetlands along the southern shores of Suisun Bay, and from Suisun Bay upstream along Walnut Creek and Pacheco Creek, to improve habitat and provide sustainable flood protection. Portions of the Restoration Project are proposed to occur on state lands, generally located between Waterfront Road and Suisun Bay along or adjacent to Walnut and Pacheco Creeks. The new areas proposed to be leased include portions of Assessor’s Parcel Numbers 159-310-032, 159-310-033, 159-310-034, and Parcels F, H and K of the Title Settlement Agreement AD 238, filed in 96-46532 of the Official Records of Contra Costa County.

Section 31 of the Contra Costa County Flood Control and Water Conservation District Act authorizes the District to acquire property and property rights for the Restoration Project. On October 22, 2020, the State approved a new lease which includes both the new lands described above as well as the lands contained in State Leases 4215 and 4743.9. This new combined lease is now before the Board for consideration of approval. The District is not required to pay any annual fee under the Lease. However, the District is required to indemnify, defend, and hold harmless the State from claims and liabilities that arise from the Lease, the District’s activities in connection with the Restoration Project, and the condition of the leased premises, among other covered claims.

A copy of the Lease is attached. District staff recommend that the Board authorize the execution of the Lease to ensure the Restoration Project can be constructed as planned.

CONSEQUENCE OF NEGATIVE ACTION:

Without approval from the Board of Supervisors, the District will not have the required permissions needed to construct portions of the Restoration Project.