Agenda

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C. 10

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	May 23, 2023

Contra

Costa

County

Subject:

Conveyance of a Pipeline Easement to Contra Costa Water District for CCWD's Short Cut Pipeline Project, Martinez area.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 05/23/2023

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

Contact:

Brandon Mielke, 925-957-2489

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: May 23, 2023
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the conveyance of approximately 2.21-acre permanent pipeline easement to Contra Costa Water District (CCWD), in the District’s Walnut Creek property identified as 159-260-XXX, for payment to the District in the amount of $10,300, in addition to $20,000 to reimburse District’s processing costs, in connection with CCWD’s Short Cut Pipeline Improvement Project No. 119064 – Walnut Creek Crossing Project (“Project”); and AUTHORIZE the Chair, Board of Supervisors, to execute on behalf of the District, the grant of easement pursuant to Government Code Section 25526.6. and FCD Act, Section 31. (Project No.: 7520-6B8397) [SCH#2011092059]


AUTHORIZE the Chief Engineer, or designee, to execute a Right of Way Contract – Internal Escrows dated May 23, 2023 for the conveyance of the above-mentioned easements in exchange for the above payment.

RECOMMENDATION(S): (CONT'D)

FIND that the conveyance of the easements is in the public interest and will not substantially conflict or interfere with the District’s use of the property.

CONSIDER the environmental effects of the Project as shown in CCWD’s mitigated negative declaration (MND), dated September 22, 2021, and supplement to that mitigated negative declaration, dated March 11, 2022 (Supplement).

DETERMINE CCWD’s MND and Supplement are adequate; there are no changes in the project or circumstances, or any new significant information, that would require any further subsequent or supplemental environmental review; and there are no environmental impacts connected with the conveyance of the easements that are within the District’s authority to address.

DIRECT the Director of the Department of Conservation and Development (DCD), or designee, to file a Notice of Determination with the County Clerk.

AUTHORIZE the Chief Engineer, or designee, to arrange for payment of the $50 fee to the County Clerk for filing the Notice of Determination, and a $25 fee to DCD for processing the Notice of Determination.

DIRECT the Real Estate Division of the Public Works Department to cause the executed Grant of Easement to be delivered to CCWD for acceptance and recording in the office of the County Clerk.

DIRECT staff to deposit CCWD’s $10,300 easement payment and $20,000 administrative cost payment in Flood Control Zone 3B Fund org 7520-6B8397.

FISCAL IMPACT:

Contra Costa Water District will pay the District fair market value of $10,300 for the easement as well as a County administrative cost of $20,000 to cover staff’s labor charges. This payment will be deposited into 7520-6B8397. (100% Flood Control Zone 3B Funds)

BACKGROUND:

On December 29, 2022, the CCWD made an offer to purchase property rights from the District consisting of a Temporary Construction Easement and a Grant of Easement for CCWD’s Short Cut Pipeline Project No. 119064 – Walnut Creek Crossing Project (“Project”), located in an unincorporated area of Martinez at APN: 159-260-XXX, and in between APNs 159-250-019 and 159-260-010. The Shortcut Pipeline (SCPL) is being refurbished in phases and SCPL Phase 2 repairs were completed in 2018. Following Phase 2 repairs, an inspection of the existing pipeline revealed it had settled significantly below the Walnut Creek channel in a similar location to where the pipeline failed during the 1989 Loma Prieta earthquake. This portion of the pipeline is also directly above the Concord fault line. CCWD’s modified Phase 3 repairs address this section of pipeline beneath the Walnut Creek channel where the differential settlement of the pipeline has been observed. The differential settling is placing strain along the pipeline that, if not corrected, could potentially cause a failure to the main conveyance of water to the City of Martinez and the PBF Refinery (formally the Shell Refinery).

To complete the Project, CCWD requires a permanent pipeline easement measuring approximately 2.21 acres. The purpose of the permanent pipeline easement is for the installation, operation, maintenance, repair, and replacement of two approximately 2,000-foot, 36-inch diameter water pipelines and related appurtenances.

As the lead agency for the Project under the California Environmental Quality Act (“CEQA”), CCWD completed CEQA environmental review for the Project and adopted a mitigated negative declaration, dated September 22, 2021 (“MND”), and subsequently approved a supplement to the mitigated negative declaration, dated March 11, 2022 (“Supplement”). The MND and the Supplement are available on the State Clearinghouse website: https://ceqanet.opr.ca.gov/2011092059/3.

The District is a CEQA responsible agency for purposes of this Project because it is exercising its discretion to convey easements required for the Project. Based on staff’s review of the MND and Supplement, the MND and Supplement are adequate and there are no changes in the project or circumstances, or any new significant information, that would require any further subsequent or supplemental environmental review. There also are no environmental impacts connected with the conveyance of the easements that are within the District’s authority to address. Therefore, staff recommends approving the conveyance of the easements and filing a CEQA notice of determination in accordance with CEQA Guidelines sections 15075 and 15096(i).

CONSEQUENCE OF NEGATIVE ACTION:

The District will not be able to convey property rights to CCWD for the construction and maintenance of its pipeline.