Agenda

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C. 16

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	July 12, 2022

Contra

Costa

County

Subject:

License Agreement between Contra Costa County, Contra Costa County Flood Control and Water Conservation District (together, Licensor) and SFPP, L.P.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 07/12/2022

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:

Margaret Eychner, 925. 957-2463

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: July 12, 2022
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

Acting as the governing body of both Contra Costa County and the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Public Works Director and Chief Engineer, or their designee, to execute, on behalf of the County and the District, a license agreement with SFPP, L.P., a limited partnership, acting by and through Kinder Morgan Operating LLC “D”, its General Partner acting by and through Kinder Morgan G.P., Inc. (collectively referred to as Licensee) for a twenty-year term to allow access to monitor existing groundwater monitoring wells and soil vapor probes in the San Ramon Creek Channel, the San Ramon Bypass Flood Control Channel, and the Iron Horse Corridor between Ygnacio Valley Road and Newell Avenue in Walnut Creek, California, as recommended by the Public Works Director and Chief Engineer for an initial annual fee of $9,000, with annual increases thereafter, pursuant to Government Code section 25526.6, and Section 31 of the Contra Costa County Flood Control and Water Conservation District Act.

RECOMMENDATION(S): (CONT'D)

DETERMINE that the interest in land conveyed is in the public interest and will not substantially conflict or interfere with the use of the property by the District for the purpose for which it was acquired.

DETERMINE that the conveyance is in the public interest and that the interest in land conveyed will not substantially conflict or interfere with the use of the property by the County.

FISCAL IMPACT:

100% Licensee -(Project WO8324) - Flood Control Zone 3B LIC SFPP SR BYPASS

BACKGROUND:

Licensee was required by the Regional Water Quality Control Board (RWQCB) to install groundwater monitoring wells and soil vapor probes. Many of the monitoring wells and soil vapor probes were installed in Flood Control/County right of way along the San Ramon Bypass Flood Control Channel between Ygnacio Valley Road and Newell Avenue in Walnut Creek under the Flood Control Permit (FCP) #634-20. This agreement will replace the permit and allow for continuation of sampling and monitoring activities. The permit was due to expire on December 31, 2021, but Licensee continued to use the licensed area for groundwater wells and monitoring activities while this license agreement was being negotiated. The effective date of the license agreement was made to be January 1, 2022, to ensure the license terms cover all activities in the licensed area from and include January 1, 2022. To cover the costs to the County and District, the licensee will pay an initial annual license fee of $9,000, with annual increases thereafter.

District and County staff have determined that granting the license will not substantially conflict or interfere with their respective uses of their property.

CONSEQUENCE OF NEGATIVE ACTION:

Licensee will be unable to remain in compliance with the RWQCB requirements.