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C. 14

To:	Contra Costa County Flood Control District Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	April 4, 2023

Contra

Costa

County

Subject:

Payment to Contra Costa Resource Conservation District as ordered by the Regional Water Quality Control Board Water Quality Certification and Order.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/04/2023

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

ABSENT:

Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Michelle Cordis, (925) 313-2381
cc:	Allison Knapp, Deputy Chief Engineer Claudia Gemberling, Environmental Services Tim Jensen, Flood Control Michelle Cordis, Flood Control Michael Taylor, 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 4, 2023
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District (FC District), APPROVE and AUTHORIZE the Chief Engineer, or designee, to issue a payment in the amount of $80,000 from the Flood Control Zone 3B Fund payable to the Contra Costa Resource Conservation District (CCRCD), the fiduciary agent for the Walnut Creek Watershed Council (WCWC), to fund the development of a portion of the Walnut Creek Watershed Restoration Plan (Plan), as ordered by the Regional Water Quality Control Board (RWQCB) Clean Water Act Section 401 Water Quality Certification and Order (Certification and Order), Pleasant Hill and Concord areas.

FISCAL IMPACT:

This payment of $80,000 will be funded by 100% Flood Control Zone 3B Funds. (Project No. 7520-6B8334)

BACKGROUND:

This payment to the WCWC is required by the RWQCB Certification and Order for the Walnut and Grayson Creeks Desilting Project as partial mitigation for the temporal impacts of the desilting project. The Certification and Order is directing these funds towards the WCWC that will use the funds to research and write a portion of the Plan. The WCWC is expected to engage local community stakeholders to identify potential creek enhancement and restoration sites in the Walnut Creek Watershed. Potential sites will include natural and channelized portions of Walnut and Grayson Creeks maintained by the FC District as well as areas in the watershed upstream of areas managed by the FC District.

The FC District is in agreement with this mitigation requirement and requests Board authorization to provide a single $80,000 payment to the CCRCD, the fiduciary agent for WCWC, to identify potential creek enhancement and restoration sites as a part of the Certification and Order. The Certification and Order requires this authorization no later than 60 days prior to the start of construction, which is scheduled to begin in June of 2023, so time is of the essence.

CONSEQUENCE OF NEGATIVE ACTION:

Without Board approval, the FC District will not be able to issue payment, delaying the start of the Walnut and Grayson Creek Desilting Project. Additionally, the FC District will not be in compliance with the Certification and Order issued by the RWQCB.