HomeMy WebLinkAboutMINUTES - 11232010 - C.12RECOMMENDATION(S):
APPROVE and CONVEY a License Agreement (Agreement) between Contra Costa
County Flood Control and Water Conservation District (District) and Diablo Water District
(DWD), for DWD’s use of a portion of Marsh Creek Channel. Government Code 25526.6,
(District V) Project No. 7562-6D8518
AUTHORIZE the Chief Engineer, or designee to execute said Agreement on behalf of the
District.
FIND that the conveyance of the Agreement is in the public interest and that the license to
use Marsh Creek Channel (“Marsh Creek”) will not substantially conflict or interfere with
the use of Marsh Creek by the District.
DIRECT the Real Property Division to have the executed Agreement delivered to DWD.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/23/2010 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
925-313-2222
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: November 23, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc: Julie Carlson, Real Property, County Administrator, Auditor-Controller, Teri Rei, CCCFCWCD, Kara Schuh-Garibay, Lori Brown, P.W. Finance
C.12
To:Contra Costa County Flood Control District Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:November 23, 2010
Contra
Costa
County
Subject:Diablo Water District 18” diameter well supply pipeline in Marsh Creek Channel. FCP 617-09, Oakley area.
FISCAL IMPACT:
There is no impact to the County General Fund. DWD will pay the District an annual fee
of $1,000 which will be applied to the District’s Zone 1 during the term of the Agreement.
BACKGROUND:
DWD is implementing its “Well Utilization Phase 2 and Future Phase 3 Project”
(“Project”). The Project consists of a well and pump station along with an
18-inch-diameter pipe that is approximately 2,300 feet long, for the conveyance of water
from the new well to the an existing 18-inch well supply pipeline installed in 2006.
Approximately 1,300 linear feet of DWD’s well supply pipeline is to be installed in a
portion of the District’s right of way along Marsh Creek.
DWD originally requested a permanent easement from the District. Marsh Creek has
reached its designed flood control capacity and the District is studying alternatives to
expand Marsh Creek; therefore they do not want to grant permanent rights to DWD. Any
of the alternatives plans could possibly affect the location of DWD’s 1300 feet of well
supply pipeline in Marsh Creek. The final alternative plan chosen by the District may
require DWD to relocate, remove, or modify its 18-inch well supply pipeline. Rather than
have to redesign its Project and the possibly having to quitclaim easement rights back to
the District, it was in the best interest of both parties to enter into a license agreement.
A Notice of Determination was filed and Posted on August 5, 2010. [CP#10-25
(SCH2008012009)]
CONSEQUENCE OF NEGATIVE ACTION:
DWD will not have the necessary property rights to construct, operate and maintain their
Project.
CHILDREN'S IMPACT STATEMENT:
Not Applicable.
ATTACHMENTS
License Agreement