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HomeMy WebLinkAboutMINUTES - 08132002 - C32 6,33-oo TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAURICE M. SHIU, CHIEF ENGINEER, FLOOD CONTROL&WATER CONSERVATION DISTRICT DATE: AUGUST 13, 2002 SUBJECT: ACQUISITION OF COWELL RANCH PROPERTY FOR EXPANSION OF MARSH CREEK RESERVOIR, BRENTWOOD AREA. [CP# 02-18] PROJECT NO.: 9110 TASK: ACQ ACCOUNT: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&EACKGRO00 ANC5 J S LIGATION 1. Recommended Action: A. The Board hereby FINDS that there is no possibility the activity will have a significant adverse effect on the environment, and DETERMINES that the project is not subject to the California Environmental Quality Act(CEQA) pursuant to Article 5, Section 15061(b)(3)of the CEQA Guidelines, and DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk and DIRECTS the Public Works Director to arrange for payment of a $25.00 handling fee to the County Clerk for filing and a $25.00 fee to Community Development for processing of the Notice of Exemption. B. APPROVE Agreement for Sale and ACCEPT the Grant Deed from The Trust for Public Lands. C. AUTHORIZE Chief Engineer to execute said Agreement for Sale on behalf of the District. Continued on Attachment. X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR ECOMMENDATION OF BOARD COMMITTEE -APPROVE o OTHER SIGNATURE(S): ACTION OF BOA . N AUGUST 13, 2002 APPROVED AS RECOMMENDED XXOTHER VOTE OF SUPERVISORS XX UNANIMOUS{ABSENT None } AYES: NOES: ABSENT: ABSTAIN: G:\GrpData\RealProp=02-Files\BOs&RES\BO.12 Cowell.doc I hereby certify that this is a true and correct Orig.Div: Public Works(RIP) copy of an action taken and entered on the Contact: Karen A. Laws (313-2228) minutes of the Board of Supervisors on the cc: County Administrator date shown. Auditor-Controller(via R/P) ATTESTED:_ AUGUST 13, 2002 County Counsel JOHN SWEETEN, Clerk of the Board of Recorder{via R/P} p . P. Accounting Supervisors and County Administrator D. Eckerson, Flood Control /' ' M.Avalon, Deputy Public Works By Deputy Bob Doyle, EBRPD John Stevenson,City of Brentwood Tim Wirth,Trust for Public Lands Robert Cain,Calif. Dept.of Parks&Recreation One Capital Mall,Ste 500, Sacramento, CA 95814 Subject:Acquisition of Cowell Ranch Property for Expansion of Marsh Creek Reservoir, Brentwood area. Date: August 13, 2002 Page: 2 D. APPROVE payment of $655,128 for said property rights and AUTHORIZE the Auditor- Controller to issue a check in said amount payable to Old Republic Title Co., 350 California Street, Ste. 1220, San Francisco, CA 94104, Escrow No. 423202, to be forwarded to the Real Property Division for delivery. E. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the office of the County Recorder. Il. Financial Imp There is no fiscal impact to the County General Fund. The cost of the property is$655,128 and is based on an approved appraisal for The Trust for Public Lands. The monies for the acquisition of the property will come from Flood Control District Zone 1 funds. III. Reasons for Recommendations and Background: Background On February 26, 2002, the Board of Supervisors approved and authorized the Flood Control District to pursue a purchase agreement for acquisition of additional property around the Marsh Creek 'Reservoir and proceed with CEQA compliance. At that time, the acquisition area was estimated at 213 acres, and the purchase price was agreed at $3,000 per acre for an estimated total of $639,000. The $3,000 per acre price was based on an approved appraisal for the Trust for Public Lands. Staff has been working with The Trust for Public Lands on the purchase agreement. The plat map and deed description for the property to be acquired has been prepared. When the actual area to be acquired was calculated, it turned out to be 218.3759 acres. At $3,000 per acre, the total acquisition price is $655,128. Transportation, Water and Infrastructure Committee Issues The Transportation Water & Infrastructure Committee (TWIG) reviewed this project and recommended the Board approve the acquisition on February 26, 2002. At the TW IC meeting on February 25, 2002, three issues were raised concerning the preservation of open space, fish passage and public access. Those issues are discussed below. 1. Preservation of Open Space There was a concern that if the Flood Control District acquires the property,there would be a potential in the future for the District proposing some development or use of the property that would be inconsistent with the open space vision The Trust for Public Lands and others have for the Cowell Ranch property and its environs. As a result, it was agreed that some mechanism should be developed to preserve the property for open space uses in the future. As it turns out, The Trust for Public Lands received a grant for one million dollars Subject:Acquisition of Cowell Ranch Property for Expansion of Marsh Creek Reservoir, Brentwood area. Date: August 13, 2002 Page: 3 from the Environmental Enhancement& Mitigation Program through Caltrans. One of the conditions of the grant requires that the property be covered by an Agreement Declaring Restrictive Covenant. The agreement will be executed by The Trust for Public Lands prior to the Flood Control District taking title to the property. The agreement restricts the use of the property to be managed as a wildlife preserve, scenic viewshed, or other public recreational use, which is consistent with the goals the Flood Control District has for restoring the property and using it for enhanced flood protection. This restriction recorded against the property will address this issue raised at the TWIG meeting. 2. Fish Passage The Marsh Creek Reservoir Dam represents a barrier to fish passage upstream of the reservoir. At the TWIG meeting, it was agreed that the Flood Control District would be willing to review the issue of fish passage with respect to the Marsh Creek Reservoir Dam as part of a future study for fish passage. It was agreed the issue of fish passage would not be linked to the development of the restoration plan for expanding the Marsh Creek Reservoir. The fish passage issue would best be addressed with a watershed-wide analysis or a comprehensive creek assessment such as the efforts the Natural Heritage Institute or the Marsh Creek Watershed group will be conducting. 3. Public Access The TW IC supported the concept of allowing public access across the property on trails. It was agreed that public access would be reviewed with the restoration plan. The Flood Control District would work with the California Department of Parks & Recreation (CDPR) and the East Bay Regional Park District (EBRPD) on the access issue and location of trails. The EBRPD has expressed an interest in extending their Marsh Creek Trail along the Flood Control District levee on the west side of Marsh Creek Road. The Flood Control District has a good relationship with the EBRPD and the joint use of trails on Flood Control District facilities. The EBRPD constructs trails, maintains them and assumes all liability for the use, operation and maintenance of the trails. The Flood Control District does have a safety concern with the mercury in the reservoir and cannot allow people access to the reservoir itself. The Flood Control District also has a concern about local trails not maintained by a public entity. The Flood Control District has historically opposed local trails unless an entity, such as the CDPR or EBRPD, was to assume responsibility and liability for the use, operation, and maintenance of the trail. History and_Proiect Description The Contra Costa County Flood Control and Water Conservation District (District) owns and maintains a number of flood protection facilities in the Marsh Creek Watershed. As a result of land use changes and recent hydrological analysis of the watershed,the District has undertaken a program to increase the level of flood protection to the appropriate level for the urbanized Brentwood area. As part of this program,the District needs to increase the storage capacity of the Marsh 'Creek Reservoir. The District would like to purchase a portion of the existing flowage easement surrounding the Marsh Creek Reservoir in order to enlarge the reservoir to provide Subject:Acquisition of Cowell Ranch Property for Expansion of Marsh Creek Reservoir, Brentwood area. Date: August 13, 2002 Page: 4 adequate flood protection for the watershed. This proposed enlargement would also provide an opportunity to create additional wetland and riparian habitat. Marsh Creek Reservoir is situated in a small portion of the Cowell Ranch holdings. The District owns fee title to the reservoir and the dam. The District also has a flowage easement upstream of the reservoir that allows storm waters to inundate the land during large intensity storm events. The current flowage easement is defined with an upper elevation of 200 feet surrounding the reservoir, and the District will retain and continue to maintain the flowage easement in a natural state. The reservoir parcel is approximately 93 acres, and the flowage easement is 384 acres. The District proposes to acquire fee title to the portion of the flowage easement east of Marsh Creek(218.4 acres). This arrangement would help preserve the area west of Marsh Creek in the Briones Creek Watershed, which is described in the Interim Management Plan for the Cowell Ranch Acquisition Area as a particularly sensitive habitat area. The opportunities and benefits of the District's plans for the proposed acquisition area include: • Creating approximately 20 acres of permanent wetland habitat • Increasing the riparian vegetation along Marsh Creek • Establishing Valley Oaks throughout the acquisition area • Increasing the level of flood protection for the watershed • Reducing the area of land surrounding the reservoir that is inundated with water during large intensity storm events • Offering a scenic easement to the California Department of Parks and Recreation (State Parks) over the area downstream of the dam on the east side adjacent to Marsh Creek Road. This easement would enhance their John Marsh House holdings and preserve the view shed from the historic house. • Creating opportunities for public access along trails • Reducing over-grazing by cattle on the property The District's ultimate goal is to create riparian and wetland areas while increasing the storage capacity of the existing reservoir. The proposed project will be consistent with the park and open space uses of the overall Cowell Ranch acquisition area and will include measures to integrate the expanded Marsh Creek Reservoir area into the open space system. The next step would be to develop a reservoir enhancement plan. This plan would be developed with all the parties that may be interested in the reservoir and its environs. There is currently a watershed planning effort underway in the Marsh Creek Watershed led by the Resource Conservation District(RCD). The State Parks Department, the National Heritage Institute, the East Bay Regional Park District and the City of Brentwood are also active in the watershed. These agencies and other interested parties, would be partners in developing the plan. In addition, the project would undergo environmental reviews by the Department of Fish and Game (DFC) and regulatory agency approval prior to construction. Any other uses of the proposed acquisition area, such as trails, would be administered through a joint-use agreement with the District. It is understood that The Trust for Public Lands is working with several parties to fund the acquisition of the Cowell Ranch. Additionally, it is understood that the State Parks Department will be stewards of the land once the acquisition is completed. It is the Flood Control District's Subject:Acquisition of Cowell Ranch Property for Expansion of Marsh Creek Reservoir, Brentwood area. Date: August 13, 2002 Page: 5 intention to work closely with The Trust for Public Lands, the State Parks Department, the East Bay Regional Park District, and other interested parties in the watershed,to enhance the existing reservoir for the benefit of all. The efforts of the District are supported by the City of Brentwood and The Trust for Public Lands, but the overall acquisition effort will only become effective if all funds are obtained by The Trust for Public Lands to exercise their option on the entire Cowell Ranch holdings. A phase I assessment of the property was commissioned by the Trust for Public Land and reviewed by staff. It showed no evidence of hazardous materials on the property and no likelihood from the prior agricultural activities. We know, of course, that the reservoir itself has mercury in its sediment due to the runoff from the upstream mercury mine. IV. Consequences of Negative Action: Failure to allow staff to pursue acquisition of the above-described property may jeopardize efforts to provide needed future expansion of the Marsh Creek Reservoir flood control facility and provide appropriate flood protection to downstream property owners.