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HomeMy WebLinkAboutMINUTES - 12142010 - C.07RECOMMENDATION(S): APPROVE the CONVEYANCE of a License Agreement (Agreement) between SFPP, L. P., and Contra Costa County (County), for use of a portion of the County’s Right of Way along Imhoff Drive for SFPP, L.P’s. Phytoremediation System, Concord area. Government Code 25526.5. DETERMINE that the conveyance of said Agreement is in the public interest and will not substantially conflict or interfere with the County’s use of the property. AUTHORIZE the Public Works Director, or designee, to execute the Agreement on behalf of the County. FIND that the conveyance of the Amendment is exempt from the California Environmental Quality Act (CEQA) under State CEQA guidelines pursuant to Article 5, Section 15061 (b)(3), DIRECT the Director of Department of Conservation and Development (DCD) to file a Notice of Exemption with the County Clerk. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/14/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes:DISTRICT IV - SEAT VACANT VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Federal D. Glover, District V Supervisor Contact: C. 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 14, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: J. Carlson, Real Property, County Administrator, Auditor-Controller, M. Carlson, Transportation Engineering,, M. Halle, Transportation Engineering, , A. Rivas, Transportation Engineering,, L. Mangabay, Finance, C. 7 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:December 14, 2010 Contra Costa County Subject:License Agreement with SFPP, L.P., Concord area. (District IV) Project No. 0676-6P4059 DIRECT the Public Works Director to arrange for payment of a $50.00 fee to the County Clerk for filing and a $25.00 fee to DCD for processing of the Notice of Exemption. RECOMMENDATION(S): (CONT'D) DIRECT the Real Property Division of the Public Works Department to cause said Agreement to be delivered to SFPP, L.P. FISCAL IMPACT: The County will receive an annual fee of $5,500 effective December 1, 2010. The annual fee will increase annually by ±4% for the remaining nine years of the Agreement. BACKGROUND: SFPP, L.P. operates a petrochemical facility adjacent to the Walnut Creek Channel (Channel), north of Imhoff Drive at 1550 Solano Way, Concord. The California Regional Water Quality Control Board, San Francisco Bay Region (RWQCB), has required SFPP, L.P. to perform remediation measures to lower toxin levels in the groundwater caused by migration of petroleum hydrocarbons from their facility toward the Channel. The Agreement will allow SFPP, L.P. to install a Phytoremediation System that consists of the planting of twenty-four (24) - Arroyo Willow trees, twenty-three (23) - White Alder trees, twenty-three (23) - Autumn Purple Ash trees and twenty-four (24) - Red Alder trees using the Tree Well System® and installing, monitoring and extraction wells in the County’s Right of Way. TreeWell® system uses a liner around the tree roots, forcing the roots to grow down to the watertable rather than seeking the closest water source. The purpose of the Phytoremediation System is to intercept and breakdown the contaminants in the groundwater that are migrating toward the County’s property and Walnut Creek Channel. CONSEQUENCE OF NEGATIVE ACTION: SFPP, L.P. will not be in compliance with the RWQCB. CHILDREN'S IMPACT STATEMENT: Not Applicable. ATTACHMENTS Determination License Agreement