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C. 5

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 Way contract, Grant of Easement and Temporary Construction Easements with Gonsalves & Santucci, Inc., d/b/a Conco, 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

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, on behalf of the District, a Right of Way Contract (Contract) with Gonsalves & Santucci, Inc. (dba Conco), (”Conco”) to acquire a permanent easement (“Easement”) and temporary construction easements (“TCEs”) within Conco-owned property, identified as Assessor’s Parcel Numbers 159-250-006, -018, -019, -021, and -022, in connection with construction and maintenance of the District’s Lower Walnut Creek Restoration Project, Martinez area. Project No.: 7520-6B8285.; and


APPROVE and AUTHORIZE the Chief Engineer, or designee, to ACCEPT the Easement and TCEs on behalf of the District.

RECOMMENDATION(S): (CONT'D)

APPROVE payment in the amount of $49,900, for said Easement and TCEs; and AUTHORIZE the Auditor-Controller to issue a check in said amount payable to Gonsalves & Santucci, Inc. (dba Conco), 5141 Commercial Circle, Concord, CA 94520, to be forwarded to the Real Estate Division for delivery.

DIRECT the Real Estate Division to have the above referenced Easement recorded in the Office of the County Recorder.

FISCAL IMPACT:

100% Flood Control Zone 3B funds (Fund 252000)

BACKGROUND:

In 2019, the County 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).

Conco (Grantor) owns property within the South Reach located between the Pacheco and Walnut Creeks and identified as Assessor’s Parcel Numbers 159-250-006, -018, -019, -021, and -022 (Property). The Project requires the District to acquire five (5) temporary easements and one permanent access easement in the Property (Easements). On February 2, 2021, this Board approved a Right of Entry for said Easements. The Public Works Real Estate Division and the Grantor have negotiated the terms and compensation for the acquisition of the Easements.

As a condition of, and as partial consideration for, the rights granted under the Easements, the Grantor is requiring the District to indemnify Grantor from liabilities that arise from the District’s use of the Easement areas under the Grant of Easement and Temporary Construction Easements. 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 Contract and accept the Easements 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 maintain the Project in perpetuity.