HomeMy WebLinkAboutMINUTES - 04202010 - C.9RECOMMENDATION(S):
APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a First
Amendment to License Agreement (Amendment) with SFPP, L. P., a Delaware limited
partnership, acting by and through its general partner Kinder Morgan Operating L. P. “D”, a
Delaware limited partnership (acting by and through its general partner Kinder Morgan
G.P., Inc., a Delaware Corporation (hereinafter collectively referred to as “Licensee”) and
Contra Costa County Flood Control and Water Conservation District (District), effective
August 1, 2009, for use of a portion of Walnut Creek Channel (Channel) for a
Phytoremediation System, extending the term for an additional ten years from August 1,
2009 through July 31, 2019, Concord area.
DIRECT the Real Property Division to cause said Amendment to be delivered to Licensee.
FISCAL IMPACT:
In 2009, the District received an annual fee of $3,276.00; beginning in 2010, the fee will
increase annually by ±4% for the remaining ten years of the Amendment.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/20/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Carla Peccianti,
313-2222
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: April 20, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc:
C. 9
To:Contra Costa County Flood Control District Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:April 20, 2010
Contra
Costa
County
Subject:First Amendment to License Agreement, Concord area. Project No. 0651-6L72RP, FS0600079, FC Permit
610-06 & 625-98
BACKGROUND:
On August 17, 1999, the Board of Supervisors approved the original License Agreement,
which allowed for “the planting, installing, maintaining, using and removing sixty-one
(61) poplar trees, together with the necessary irrigation system and two monitoring wells”
and referred to as a Phytoremediation System. Licensee operates a petrochemical facility
adjacent to the Walnut Creek Channel, north of Imhoff Drive at 1550 Solano Way,
Concord. The California Regional Water Quality Control Board, San Francisco Bay
Region, has required Licensee to perform remediation measures to lower toxin levels in
the ground water caused by migration of petroleum hydrocarbons from their facility
toward the Channel. The Licensee Agreement allowed Licensee to install the
Phytoremediation System to intercept and breakdown contaminants which migrate
toward the Channel.
In 2007, Licensee asked the District to amend the License Agreement to install one (1)
additional monitoring well, one (1) extraction well and twenty-two (22) additional poplar
trees. The District agreed to amend the License Agreement under the following terms: 1)
the License Agreement would be extended for ten (10) years, 2) the annual fee would be
increased on an annual basis, 3) the Bond is to increase from $139,000 to $284,000, 4)
comply with all requirements of the California Regional Water Quality Control Board,
San Francisco Bay Region, 5) if requested, relocate the Pyhtoremediation System to
another area on the Property upon sixty (60) days notice from the District, at Licensee’s
expense, 6) upon termination of the Amendment, Licensee is to remove all trees,
including the stumps and roots, irrigation system and wells and 7) to grade the property
to as near the original condition as possible and compact the soil to District’s standards.
CONSEQUENCE OF NEGATIVE ACTION:
Licensee will not be in compliance with the requirements of the California Regional
Water Quality Control Board, San Francisco Bay Region.
CHILDREN'S IMPACT STATEMENT:
ATTACHMENTS
First Amendment