HomeMy WebLinkAboutMINUTES - 12072010 - C.6RECOMMENDATION(S):
APPROVE and CONVEY a License Agreement (Agreement) between Contra Costa
County Flood Control and Water Conservation District (District) and Contra Costa Water
District (CCWD), for CCWD’s use of a portion of the District’s levee roads along Walnut
Creek and Pacheco Creek. Government Code 25526.6, (District IV) Project No.
7520-6B8377 (Fee for Service 09-00107)
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 the levee roads along Walnut Creek and Pacheco Creek will not substantially conflict or
interfere with the use the levee roads along Walnut and Pacheco Creek by the District.
DIRECT the Real Property Division to have the executed Agreement delivered to CCWD.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/07/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:District IV Vacant.
VOTE OF SUPERVISORS
AYE:Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:John Gioia, District I
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: December 7, 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, Tim Jensen, District, Alex Anaya, District, Lori Brown, P.W. Finance
C. 6
To:Contra Costa County Flood Control District Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:December 7, 2010
Contra
Costa
County
Subject:Contra Costa Water District access rights along Walnut Creek and Pacheco Creek levee roads to their Short
Cut Pipeline Easement area. Pacheco area.
FISCAL IMPACT:
There is no impact to the County General Fund. CCWD will pay the District an annual
fee of $3,660.00 which will be applied to the District’s Zone 3B for the maintenance of
the levee roads during the term of the Agreement,
BACKGROUND:
CCWD operates and maintains the United States Bureau of Reclamation's ("USBR")
Short Cut Pipeline (SCP), which crosses a portion of the District's property located
between Walnut Creek and Pacheco Creek in the Pacheco area. CCWD operates and
maintains the SCP pursuant to a Memorandum of Agreement (Contract No.
14-06-200-6072A) dated June 28, 1972, which relates to the Transfer of Operation and
Maintenance of the Contra Costa Canal System as amended by Amendment No. 1, dated
May 15, 1995, between the USBR and CCWD. The District granted permanent easement
(Easement) rights to USBR for the SCP, on March 22, 1971 that includes the rights “for a
perpetual right of way, privilege and easement to construct, reconstruct, lay, re-lay,
operate, maintain and remove at any time a water pipeline of not more than 60 inches
inside diameter, with all fixtures, devices and appurtenances used or useful in the
operation of side pipeline”.
The existing Easement is unclear as to CCWD’s right to use the District’s levees and
access roads outside of the Easement for access purposes to the SCP. Until recently,
CCWD accessed the SCP through private property. This property has been sold and the
new owner has fenced it and no longer allows CCWD to cross it to get to the SCP from
this property. Rather than get an easement from the new private property owner, CCWD
requested access rights from the District, as the existing Easement is within the District’s
right of way.
The District, in conjunction with the United States Army Corps of Engineers, is
reevaluating the operation and configuration of both Walnut Creek and Pacheco Creek,
including the levees and access roads. This effort includes studying the possible
relocation or removal of the levees and access roads in or adjacent to Walnut Creek and
Pacheco Creek. With the possibility of Walnut Creek and Pacheco Creek being
reconfigured or the levee and access roads removed, the District does not want to grant
permanent rights which may or may not have to be rescinded. CCWD and the District
agreed to enter into a License Agreement with CCWD paying the District an annual fee
to help defray the maintenance and repair costs of the Walnut Creek and Pacheco Crek
levee and access roads.
CONSEQUENCE OF NEGATIVE ACTION:
CCWD will not have the necessary property rights to access the SCP to operate and
maintain it.
CHILDREN'S IMPACT STATEMENT:
Not Applicable
ATTACHMENTS
License Agreement