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HomeMy WebLinkAboutMINUTES - 08111987 - 1.13 TO: BOARD OF SUPERVISORS , AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: J . MICHAEL WALFORD , CHIEF ENGINEER DATE : August 11 , 1987 SUBJECT: Approve Lease Agreement with State Lands Commission for Use of State Land in the Wildcat Creek Flood Control Improvement Project , North Richmond Area , Project No . 7527-6D8604 Specific Request( s) or Recommendation( s) 8 Background b Justification I . RECOMMENDATION A. APPROVE the lease agreement with the State of California /State Lands Commission for use of State property ( Martin Stables property ) in the Wildcat Corps of Engineers Project , and AUTHORIZE the Chief Engineer to execute the agreement to allow present construction work to continue to implement the Consensus Plan . B . ACKNOWLEDGE the concerns of the Chief Engineer that the maintenance procedures and restrictions specified in the agreement could create a future financial hardship on the County and Flood Control District and could cause a future liability due to flooding . C . DIRECT staff to continue working with the Wildcat-San Pablo Creeks Design Team and State Lands Commission staff toward developing a mutually agreeable maintenance plan for said property that is sensitive to the creek environment and assures that the necessary maintenance is accomplished each year within the funds budgeted to provide flood protection to the residents and businesses of North Richmond . Continued on attachment: X yes Signature: Recommendation of County Administrator Recommendation of Board Committee Approve Other: Signature( s) : Action of Board on : AUG 11 1987 Approved as Recommended_ Other Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN Unanimous (Absent ) ACTION TAKEN AND ENTERED ON Ayes : Noes : THE MINUTES OF THE BOARD OF Absent : Abstain: SUPERVISORS ON DATE SHOWN. Attested AUG 111987 Orig. Div . : Public Works ( Design ) PHIL BATCHELOR, cc : County Administrator CLERK OF THE BOARD J . Cutler , Comm. Develop . OF SUPERVISORS AND State Lands Commission (viaPiw) COUNTY ADMINISTRATOR By e,1hL.AG 1-L Ad DEPUTY CLERIC MFK: md BO :4 . t8 i II . FINANCIAL IMPACT The lease establishes no monthly rental fee at this time . The financial impact of the maintenance requirements will be a significant increase in annual maintenance costs if a low cost labor pool such as the California Conservation Corps is not available and detailed .surveys are required prior to desilting work . III . REASONS FOR RECOMMENDATION/BACKGROUND To help implement the Consensus Plan for the Wildcat-San Pablo Creek Flood Control Project , the State Lands Commission purchased the Martin Stables ' property to expand the transition zone from the upstream flood plain channel to the downstream marsh . A portion of the property will also be used as a staging area for the proposed Wildcat Creek access trail by the East Bay Regional Parks District . As a condition to use the property the Flood Control District must execute a lease agreement . The State Lands Commission agreement contains a number of special provisions that could increase District/County liability , and will increase costs of maintenance . Our concerns are the following : Special Provision No . 3 outlines a specific maintenance plan . This plan is identical to a proposal made by several Wildcat-San Pablo Creek Design Team members . As of this date , the Design Team has not formulated a maintenance plan . The District has a number of concerns if the State Land Commissions proposed plan were to become the long- term maintenance plan . Their plan requires labor intensive vegetation control , places a severe constraint on silt and vegetation removal , and requires detailed engineering studies prior to any silt removal . The use of labor intensive methods for vegetation control in lieu of EPA/Fish and Game approved herbicides and mechanized equipment will only be economically feasible with the utilization of such labor pools as the California Conservation Corps and the Sheriff' s inmates . If for some reason these labor pools were not available in the future , the costs to comply could be prohibitive . In such a case the Board of Supervisors would have to either direct staff to decrease the- level o-f maintenance-and "risk increased -flood damage liability or increase the maintenance budget , taking funds from other programs . The detailed engineering studies required before any silt removal is allowed will require the expenditure of a great deal of valuable maintenance funds instead of allowing a reasonably accurate , less expensive approach . This loss of efficiency creates the same potential problems that the labor intensive maintenance could create . The State Lands Commission lease agreement also restricts silt removal to once every three years . This limitation could lead to increased liability to the District and County . It is conceivable that the County could experience two severe winters in a row in which large amounts of silt are deposited . If the District removes silt the first year , it will not be able to remove silt after the second year even though. it might be necessary to provide adequate flood protection . It may be appropriate to restrict silt removal to an average of once every three years . The District has every intention of trying to maintain Wildcat Creek in an environmentally sensitive manner without jeopardizing its responsibility to the adjoining residents , and as required by the Army Corps of Engineers for federally funded flood control projects , to provide the 100-year flood protection . Because the actual flood control improvement project is under construction , we recommend that the Board approve and authorize this lease agreement to allow completion of the work . Staff will work with State Lands Commission staff and Wildcat-San Pablo Design Team to develop a mutually agreeable maintenance plan . IV. CONSEQUENCES Of NEGATIVE ACTION Failure to execute the agreement could stop the remaining flood control work on this property and would require vegetation removal along the south bank in District right of way to attain required hydraulic capacity. The Wildcat-San Pablo Design Team Consensus Plan calls for the south bank vegetation to remain . This vegetation and the desire to provide additional sediment protection for the marsh was the rationale for the State Lands Commission ' s purchase of the property in the first place .