Agenda

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C. 13

To:	Board of Supervisors
From:	Julia R. Bueren, Public Works Director/Chief Engineer
Date:	February 4, 2014

Contra

Costa

County

Subject:

Vacate portions of Flood Control Easements and approve San Ramon Creek Culvert Agreement and related actions under CEQA.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 02/04/2014

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Karen Laws (925) 313-2228

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: February 4, 2014
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

1. DETERMINE that the activity is not subject to the California Environmental Quality Act (CEQA), pursuant to Article 5, Sections 15061(b)(3) of the CEQA Guidelines; and


DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County Clerk; and

RECOMMENDATION(S): (CONT'D)

AUTHORIZE the Chief Engineer to arrange for payment of $25 to Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. (#WL83PV)

2. APPROVE the San Ramon Creek Culvert Agreement (Agreement); and

AUTHORIZE the Chair of the Board of Supervisors to execute said Agreement.

3. ADOPT Resolution 2014/38 approving the vacation of portions of Contra Costa County Flood Control and Water Conservation District (District) Easements, San Ramon Creek Culvert; and

DIRECT the Real Estate Division to record a certified copy of this Board Order and Resolution 2014/38 in the office of the County Recorder.

FISCAL IMPACT:

100% Developer Fees.

BACKGROUND:

In 1971, as part of the Walnut Creek Project, the United States Army Corps of Engineers (ACOE) constructed a 1,000-foot long reinforced concrete box culvert for San Ramon Creek under the Broadway Plaza Shopping Center in the City of Walnut Creek (City). This culvert is known as the San Ramon Creek Culvert (Culvert).

On January 26, 1972, the ACOE transferred responsibility for this drainage structure to the District. In the early 1990s, the ACOE constructed the San Ramon Creek Bypass Channel parallel along the east of South Broadway to provide 100-year flood conveyance. The Culvert no longer provides regional flood control conveyance and is used primarily for local drainage.

The District has determined that the Culvert no longer provides regional flood control purposes and it is not in the public's interest for the District to continue to operate this culvert drainage facility. The ACOE has agreed to remove the culvert segment from the jurisdiction of the federal government. Therefore, the District intends to relinquish ownership, rights, and responsibility of the Culvert, easements and appurtenances along this segment of San Ramon Creek.

General Plan Conformance was obtained from the City. The City will have jurisdiction over the Culvert and the maintenance will be provided by the property owner.

CONSEQUENCE OF NEGATIVE ACTION:

If the agreement is not executed, then the easements will not be relinquished. If the District retains easement rights for the Culvert, this will delay the construction and redevelopment of Broadway Plaza, which is scheduled for February 2014.

CHILDREN'S IMPACT STATEMENT:

Not applicable.