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C. 10

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	April 24, 2018

Contra

Costa

County

Subject:

APPROVE the Conveyance of CCC Flood Control and Water Conservation District real property to the City of Pinole, District I

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/24/2018

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:

Jewel Lopez, 925. 313-2191

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 24, 2018
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District (District), APPROVE and AUTHORIZE the conveyance of portions of District Parcel Nos. 2, 44 and 44c (“Property Rights”), located on Henry Avenue over Pinole Creek in Pinole, to the City of Pinole (City), as described and shown on Exhibits “A” and “B” of the Grant Deed, pursuant to Section 31 of the Contra Costa County Flood Control and Water Conservation District Act and Government Code Section 25526.5. (Project No. WL083A – EF1400637)(CP#15-23)


DETERMINE that the conveyance of said Property Rights are in the public interest and that the rights conveyed will not substantially conflict or interfere with the Districts use of the property.

RECOMMENDATION(S): (CONT'D)

DETERMINE that said property is surplus and no longer necessary for District purposes.

DETERMINE that the activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b)(3) of the State CEQA Guidelines; and DIRECT the Director of the Department of Conservation and Development (DCD) to file a Notice of Exemption with the County Clerk.

DIRECT the Chief Engineer, or designee, to arrange for payment of the $50.00 fee to the County Clerk for filing and a $25.00 fee to DCD for processing of the Notice of Exemption.

AUTHORIZE the Chair, Board of Supervisors, to execute a Grant Deed on behalf of the District.

DIRECT the Real Estate Division of the Public Works Department to cause said Grant Deed to be delivered to the City of Pinole for acceptance and recording in the Office of the County Clerk-Recorder.

FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

The District accepted Grant Deeds for portions of Parcel Nos. 2, 44, and 44c in 1958 and 1966 for flood control purposes. The Property Rights are considered excess and no longer necessary for District purposes. The District is transferring the Property Rights to the City of Pinole in order for them to have control over what utilities can be placed within that portion of Henry Avenue and for overall maintenance that includes the culvert underneath of it.

CONSEQUENCE OF NEGATIVE ACTION:

The District will continue to own and be responsible for the upkeep and maintenance of excess Property Rights no longer necessary for District purposes.