Agenda

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C. 12

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	July 26, 2022

Contra

Costa

County

Subject:

APPROVE a License Agreement between Contra Costa County Flood Control and Water Conservation District and Tesoro Refining & Marketing Company LLC.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 07/26/2022

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:

Tasha Thaxton 925-957-2457

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 26, 2022
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute, on behalf of the District, a license agreement with Tesoro Refining & Marketing Company LLC, to allow Tesoro to maintain groundwater monitoring wells on District property adjacent to Solano Way, in Martinez, during the period from January 1, 2022, through December 31, 2031, as recommended by the Chief Engineer. Project No.: WO FS 21-00212

DIRECT the Real Estate Division to cause the License Agreement to be delivered to Licensee.

FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

Tesoro Refining & Marketing Company LLC (Licensee) was required by the Regional Water Quality Control Board (RWQCB) to install groundwater monitoring so that Licensee can govern and restrict the amount of pollutants that can be discharged into the ground or body of water. Many of the monitoring wells were installed in Flood Control right of way along the Walnut Creek Flood Control Channel, adjacent to 150 Solano Way, in Martinez, California under the Flood Control Permit (FCP) #620-07. This license agreement will replace the permit and allow Licensee to continue sampling and monitoring groundwater quality, and to perform related activities and maintenance. The permit will be closed once the license agreement is executed. In consideration for the ability to maintain monitoring wells on District property under the license agreement, Licensee will provide the District data, reports, and information about groundwater quality within and adjacent to District property. Upon termination or expiration of the license agreement, Tesoro will be responsible for removing the wells from District property.

CONSEQUENCE OF NEGATIVE ACTION:

Licensee will be unable to remain in compliance with the RWQCB requirements and the District will not have access to water quality information gathered by Licensee.