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C. 4

To:	Contra Costa County Flood Control District Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	April 27, 2021

Contra

Costa

County

Subject:

Right of Entry with Central Contra Costa Sanitary District, Martinez area.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/27/2021

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: April 27, 2021
Monica Nino, County Administrator

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 a right of entry agreement with Central Contra Costa Sanitary District (Grantor), authorizing the District’s use of a portion of Grantor-owned property identified as Assessor’s Parcel Numbers 159-250-020, 159-140-050, and 159-140-057 (Property), for access purposes in connection with the District’s Lower Walnut Creek Restoration Project, Martinez area. Project No.: 7520-6B8285

FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

In 2019, the Board of Supervisors, as the governing body of the District, approved the Lower Walnut Creek Restoration Project (Project) for the purpose of restoring and enhancing wetlands and associated habitats in Lower Walnut Creek and providing sustainable flood management, while allowing opportunities for public access and recreation. The South Reach portion of the Project generally consists of transporting soil from the North Reach to the South Reach, constructing levees and access roads, removing existing levees, excavating tidal channels, and planting native vegetation. On November 19, 2019, the Board adopted a Mitigated Negative Declaration for the Project (State Clearinghouse No 2019099043).

The Grantor is the owner of real property identified as Assessor’s Parcel Numbers 159-250-020, 159-140-050, and 159-140-057 located in the Martinez area. The Property includes a concrete access road that the District has openly used for many years in order to access and maintain Pacheco Creek, Walnut Creek and the levee in the area. The Project requires the District to acquire a permanent nonexclusive Access Easement over and across the Property. The Public Works’ Real Estate Division is acquiring the Right of Entry in parallel with the required valuation and acquisition process for the Access Easement. The Right of Entry will convey necessary land rights to allow the District to award a contract for Project construction while Real Estate and the Grantor continue to negotiate terms and compensation for the acquisition of the Easement.

As a condition of, and as partial consideration for, the rights granted under the Right of Entry, the Grantor is requiring the District to indemnify Grantor from liabilities that arise from the District’s use of the Easement area under the Right of Entry. The risk to the District can be mitigated by requiring the Project construction contractor to indemnify and defend the District from liabilities that arise during construction.

Flood Control staff recommend that the Board approve execution of the Right of Entry so that Project construction can proceed as planned.

CONSEQUENCE OF NEGATIVE ACTION:

Without approval, the District will not have all of the necessary property rights in order to construct the Project.