Agenda

Return

C. 17

To:	Contra Costa County Flood Control District Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	April 10, 2018

Contra

Costa

County

Subject:

Memorandum of Unrecorded Grant Agreement/Deed Restriction for the Pinole Creek Fish Passage Project, Pinole area. Project No. 7505-6F8248

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/10/2018

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

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

ABSENT:

Diane Burgis, District III Supervisor

Contact:	Michelle Cordis, (925) 313-2381
cc:	Tim Jensen, Flood Control Michelle Cordis, Flood Control Teri E. Rie, Flood Control Karen Laws, Real Property Caroline Tom, Flood Control Catherine Windham, Flood Control

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: April 10, 2018
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

AUTHORIZE the Chief Engineer, Contra Costa County Flood Control and Water Conservation District (FC District), or designee, to execute and record the Memorandum of Unrecorded Grant Agreement/Deed Restriction (MOUGA) with the Contra Costa Resource Conservation District (CCRCD) and the California Natural Resources Agency (CNRA) to protect public interest in the Pinole Creek Fish Passage Project (Project), effective April 10, 2018, in perpetuity, Pinole area.

FISCAL IMPACT:

By executing the agreement, the FC District agrees to maintain the fish ladder for the reasonable lifetime of the improvement. The maintenance cost will be funded by Flood Control Zone 9 (Pinole Creek Watershed) funds.

CONSEQUENCE OF NEGATIVE ACTION:

If the MOUGA is not executed, then the MOUGA will not be recorded.

BACKGROUND:

The CCRCD is the sponsor of the Project, which involved the retrofitting of one of the existing 430-foot-long culverts located in Pinole Creek, under Interstate 80, to improve fish passage conditions. Construction of the Project was completed in October 2016. The FC District owns and maintains a section of the Pinole Creek Flood Control Channel where a portion of the Project is located and has issued Flood Control Permit 622-10 to the CCRCD and to the project contractor for work associated with the Project.

The agencies that funded the Project are the CNRA and the State Coastal Conservancy (SCC). These funding agencies are requiring the CCRCD to execute a MOUGA with the FC District, and with the funding agencies themselves, to provide notice of an agreement between the State of California, by and through the CNRA, the CCRCD, and the FC District.

The FC District had executed a similar agreement with American Rivers and the SCC for the Marsh Creek Fish Ladder Project. The agreement is entitled “Agreement Protecting the Public Interest in Certain Improvements and Development.”